HomeMy WebLinkAboutCC 1999-01-12 MinutesCITY 0-F MIA M1
COMMISSION
MINUTES
OF MEETING HELD ON JANUARY 12, 1999 (Regular Commission Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter A Foeman/Clty Clerk
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INDEX T -- .
- MINUTES OF REGULAR MEETING
JANUARY .12,1999
ITEM NO. - SUBJECT _=4
LEGISLATION
1. A. PRESENTATIONS-STEPHEN KRAHN - CERTIFICATE
4/12/99
OF APPRECIATION -' FOR VALUABLE, CONTRIBUTION
. DISCUSSION.
TO CITY'S THANKSGIVING CELEBRATION EFFORTS..-
4
2. DIRECT CITY MANAGER TO PUBLISH ON CABLE NET
9 WAY FOR CITIZENS TO REPORT OUT OF ORDER
STREET LIGHTS.
B. EVALUATE DISTANCE REQUIREMENT FOR
PROPOSED- PACKAGE STORE FOR SLOPPY JOE'S
LOCATION IN COCONUT GROVE.
C. SCHEDULE FOR LATER IN MEETING DISCUSSION
IN CONNECTION WITH SUPPLEMENTAL WASTE FEES.
D. REPORT ON STATUS AND FORECLOSURE OF
WYNWOOD FOREIGN TRADE ZONE
E. DRAFT ORDINANCE TO CURTAIL ILLEGAL
PARKING OF BUSSES BY COCONUT GROVE
PLAYHOUSE. =
F. DRAFT ORDINANCE SIMILAR TO NIIAMI BEACH'S
TO REGULATE PASTING OF SPECIAL EVENTS SIGNS
BY PROMOTERS ON UTILITY POLLS.
G. INVESTIGATE COMPLAINTS OF OBSTRUCTED
SIGNS BY OVERGROWN FOLIAGE IN MAIN HIGHWAY.
H. ADDRESS OPEN GATES AT PEACOCK PARK.
I. DIRECT CITY ATTORNEY AND CITY MANAGER TO
REVIEW CITY'S CONTRACT WITH FLORIDA POWER
AND LIGHT IN RELATION TO STREET LIGHTS -
FURTHER INSTRUCT MANAGER TO REPORT OUT OR
ORDER LIGHTS OUTSIDE CITYHALL.
J. ADDRESS LATER IN MEETING POLICE
OPERATIONAL REVIEW STUDY.
K. REPORT TO RESIDENTS BENEFITS OF LIVING
WITHIN EMPOWERMENT ZONE AREA. - SEE LABEL
68.
L. COMMENTS ON ATTENDANCE OF THREE KINGS
PARADE AND NEED TO RETURN TO PREVIOUS ROUTE
ALONG 4 AVENUE AND 24 STREET.
M. COMMENTS ON APPOINTMENTS TO PERFORMING
ARTS TRUST - SEE LABEL 55
O. COMMENTS ON APPOINTMENTS TO WATERFRONT
BOARD.
3. DEFER TO NEXT CITY COMMISSION MEETING
CONSIDERATION OF PROPOSED (SUSPENSION OF
ELADIO ARMESTO-GARCIA FROM CODE
ENFORCEMENT BOARD. - FURTHER DIRECT CITY
ATTORNEY TO PROVIDE MEMORANDUM OF LAW IN
CONNECTION WITH SAME.
1 / 12/99
DISCUSSION
5-8
1 /12/99
M-99-1
8-10
4.
5.
5.1
DEFERCONSIDERATION OF. AGENDA ITEM-: 21--1/12/99
(TERMINATE. DEVELOPMENT RIGHTS - OF LIBERTY M 99-2
HOUSING ASSOCIATES AS DEVELOPERS - OF : 101-11
NORTHWESTERN ESTATES PROJECT) - SEE LABEL 32
- DEFER, t - . TABLE TO LATER - IN MEETING
CONSIDERATION OF AGENDA ITEMS CA10 (ACCEPT
BRICKELL WEST, PLAT); CAI 1 (ACCEPT RITZ
CARLTON PLAT); - CA15 (AUTHORIZE LETTER" OF
INTENT WITH'YMCA OF GREATER M A MI FOR USE OF
VIRRICK GYM); CAI (AUTHORIZE LETTER OF INTENT
WITH SHAKE -A -LEG OF MIAMI FOR -USE OF VIRRICK
GYM); CA28 (ACCEPT DONATION FROM -SURPLUS
FUNDS IN COMMISSIONER JOE SANCHEZ' CAMPAIGN
ACCOUNT - SEE LABEL 14) - FURTHER WITHDRAW
AGENDA ITEMS CA 15 AND CA 16 (LETTER OF INTENT. -
WITH YMCA OF GREATER NIIAMI AND SHAKE-A=LEG a
OF MUM MI FOR USE OF VIRRICK GYM) AND REGULAR
ITEMS 25 AND 30 - SEE LABEL 5 r '.
CONSENT AGENDA ITEMS - DIRECT CITY MANAGER' 1/12/99
TO PROVIDE MORE BACK UP DATA FOR CONSENT'.- DISCUSSION
AGENDA ITEMS - - - I . " .11-14
ACCEPT BID OF MAGESCO, INC - FOR PROJECT
ENTITLED "DAVID T. KENNEDY PARK SECURITY_
LIGHTING IMPROVEMENTS (SECOND BIDDING), B-
6293" - ALLOCATE $43,350 FUNDS THEREFOR FROM
PROJECT NO. 333112, AS APPROPRIATED BY THE
FISCAL YEAR 1998-1999 APPROPRIATIONS/CAPITAL
IMPROVEMENTS ORDINANCE NO. 11705.
5.2 ACCEPT BID OF AERO COOLING SYSTEMS, INC. - FOR
PROJECT ENTITLED "COCONUT GROVE CONVENTION
CENTER AIR CONDITIONING REPLACEMENT
PROJECT, B-6309" - ALLOCATE $283,999.11 THEREFOR
FROM PROJECT NO. 325006, AS APPROPRIATED BY
THE FISCAL YEAR `98-`99 APPROPRIATIONS/CAPITAL
IMPROVEMENT ORDINANCE NO. 11705
5.3. ACCEPT BID OF C.A.C. CONSTRUCTION CORP. - FOR
PROJECT ENTITLED "ROBERTO CLEMENTE PARK
RENOVATIONS, B-6305" - ALLOCATE $17,533
THEREFOR FROM THE SAFE NEIGHBORHOOD PARKS
BOND PROGRAM, PROJECT - NO. 331056, . AS
APPROPRIATED BY ORDINANCE- NO. 11705, AS
AMENDED, THE FY `98-99 APPROPRIATIONS/CAPITAL
IMPROVEMENT ORDINANCE.
1/12/99
R 99-3
14
1/12/99
R 99-2
14
1/12/99
R 99-5
1.5
a
5.4
ACCEPT BID OF STERIL-KONI, — FOR, FURNISHING
1/12/99
.AND INSTALLATION OF MOBILE VEHICLE LIFTING
R 99-6
SYSTEM AT THE FIRE GARAGE — FOR DEPARTMENT
15
OF . FIRE -RESCUE — ALLOCATE $37,497THEREFOR
FROM CAPITAL .IMPROVEMENT PROJECT NO. 313018,
ACCOUNT CODE NO.289401-840.
5.5
APPROVE PROCUREMENT OF INDUSTRIAL - AND
1/12/99
COMMERCIAL EQUIPMENT AND SUPPLIES FROM W.
R 99-7
W. GRAINGER, INC — FOR VARIOUS CITY
15
DEPARTMENTS - ALLOCATE $35,000 THEREFOR
FROM OPERATING. BUDGETS - OF USING
DEPARTMENTS.
5.6
AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR
1/12/99
PROPOSALS (RFP), SEEKING QUALIFIED PROVIDER OF
R 99-8
TEST CONSULTING SERVICES FOR PROMOTIONAL
16
EXAMINATION .: PROCESSES'. ; — FOR.. THE
CLASSIFICATION - OF FIRE LIEUTENANT . _ : FOR .
' 1 .
DEPARTMENT OF HUMAN RESOURCES. .
5.7
AUTHORIZE FUNDING OF "NIIAMI URBAN MINISTRIES
-1/12/99
YOUTH PROGRAM", IN AN AMOUNT NOT TO EXCEED
R 99-9
$4,950 — ALLOCATE FUNDS THEREFOR FROM THE
16
LAW ENFORCEMENT TRUST FUND, PROJECT
NUMBERS 690001, 690002 AND 690003.
5.8
AUTHORIZE FUNDING OF THE LAW ENFORCEMENT
1/12/99
TRAINING TRUST FUND, IN AN AMOUNT NOT TO
R 99-10
EXCEED $100,000 — ALLOCATE FUNDS THEREFOR
16
FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NOS. 690001, 690002, AND 690003.
5.9 ACCEPT PLAT ENTITLED LINDSLEY SUBDIVISION 1/12/99
R 99-11
17
5.10 AUTHORIZE CITY MANAGER TO AMEND, TO 1/12/99
EXISTING LEASE AGREEMENT WITH GOLDEN SANDS R 99-12
ALLAPATTAH CORPORATION ("GOLDEN SANDS") — 17
FOR LEASE OF 2,856 ADDITIONAL SQUARE FEET OF
OFFICE SPACE AT THE NATIONSBANK BUILDING, 1313
N.W. 36 STREET, MIAMI, FLORIDA -- TO BE USED AS
SATELLITE OFFICE FOR EXPANDED HOUSING
DIVISION SERVICES, AT A GROSS RATE OF $13.00 PER
SQUARE FOOT ALLOCATE FUNDS THEREFOR FROM
U.S. HOUSING AND URBAN DEVELOPMENT GRANT
FUNDS.
4 _.,'� .-o. _ _,._-
5.11 AUTHORIZE CITY MANAGER TO ENGAGE- THE
'FLORIDA DEPARTMENT OF LAW ' ENFORCEMENT
(FDLE) - FOR PURPOSES OF: 1) ' CONDUCTING
BACKGROUND INVESTIGATIONS ON INDIVIDUALS
PARTICIPATING IN JOB TRAINING PROGRAMS FOR
POSSIBLE EMPLOYMENT WITH THE CITY OF MIAMI,
UNDER THE MIAMI-DADE/MONROE COUNTY WAGES
COALITION AND, 2) CONDUCTING: BACKGROUND
INVESTIGATIONS ON INDIVIDUALS, OFFICERS AND
OWNERS OF COMPANIES REQUESTING LOANS FROM
THE- CITY OF MIAMI - ALLOCATE $25,000, FROM 24TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
ADMINISTRATIVE FUNDS, PROJECT NO.799302-452423.
5.12 AUTHORIZE USE OF PORTION OF WATSON ISLAND,
BY NATIONAL MARINE MANUFACTURERS
ASSOCIATION, INC. ("NMMA') -'FOR PARKING SPACE
IN CONNECTION WITH THE 1999 INTERNATIONAL
BOAT SHOW TO BE HELD FEBRUARY 11-17, 1999, AT
THE MIAMI BEACH MARINA - SUBJECT- TO NMMA
OBTAINING A CLASS I SPECIAL PERMIT;
ESTABLISHING A SPECIAL FEE IN THE AMOUNT OF
$26,000 PLUS APPLICABLE TAXES.
5.13 ACCEPT DONATION OF APPROXIMATELY 1,178 TOYS
FROM DR. EMMANUEL NWADIKE OF PAWA COMPLEX
INTERNATIONAL, INC. - FOR DISTRIBUTION TO
CHILDREN ATTENDING THE PARKS AND
RECREATION DEPARTMENT'S ANNUAL "SNOW IN
THE SUNSHINE" EVENT HELD AT THE SOUTH
PARKING LOT OF THE ORANGE BOWL STADIUM,
DECEMBER 19, 1998
5.14 ACCEPT DONATION OF FOOD VALUED AT
APPROXIMATELY $1,700, FROM MCDONALD'S
CORPORATION - SERVED TO ATTENDEES AT THE
PARKS AND RECREATION DEPARTMENT'S ANNUAL
"SNOW IN THE SUNSHINE" EVENT HELD AT THE
SOUTH PARKING LOT OF THE ORANGE BOWL
STADIUM, DECEMBER 19,1998.
5.15 ACCEPT DONATION OF FURNITURE, FROM THE U.S.
DEPARTMENT OF STATE, MIAMI PASSPORT AGENCY,
- FOR USE BY THE CITY OF MIAMI PASSPORT
ACCEPTANCE FACILITY LOCATED AT THE COCONUT
GROVE EXHIBITION CENTER, 2700 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA.
1/12/99
R 99-13 -
18
1/12/99
R 99-14
18
1/12/99
R 99-15
19
1112/99
R 99-16
19
1/12/99
R 99-17
19
s
5.16 AUTHORIZE CITY MANAGER. TO : APPLY FOR
1/12/99
HIGHWAY BEAUTIFICATION GRANT FROM THE
R 99-18
STATE . OF FLORIDA, DEPARTMENT OF
20
TRANSPORTATION — FOR PURPOSE OF SEEKING UP
TO FIFTY PERCENT STATE FUNDING FOR
LANDSCAPING A PORTION OF .CORAL WAY, STATE
ROAD NO., 972, AT - APPROXIMATELY S.W. 34TH
AVENUE, MIAMI, FLORIDA.
5.17 AUTHORIZE CITY MANAGER TO EXECUTE DISASTER
1/12/99
RELIEF FUNDING AGREEMENT ("AGREEMENT"),
R 99-19
WITH THE STATE OF FLORIDA, DEPARTMENT OF-
21
COMMUNITY 'AFFAIRS - - FOR '. PURPOSE . OF
ACCEPTING GRANT FUNDS FROM ."THE ..FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA),
THROUGH THE STATE OF FLORIDA,. - . FOR
REIMBURSEMENT OF EMERGENCY RELIEF EXPENSES
INCURRED BY THE CITY OF MIAMI DURING AND IN
THE AFTERMATH OF HURRICANE GEORGES.
5.18 AUTHORIZE OPERATION `OF . FLEA MARKET- BY
1/12/99
C.C.A.L. CORPORATION AS TEMPORARY SPECIAL
R 99-20
EVENTS, AT 1480 NORTHWEST NORTH RIVER DRIVE,
21
MIAMI, FLORIDA (MAHI SHRINE PROPERTY)..
5.19 AUTHORIZE FUNDING OF THE DADE-MIAMI 1/12/99
CRIMINAL JUSTICE COUNCIL, — ALLOCATE $35,000 R 99-21
THEREFOR FROM THE LAW ENFORCEMENT -TRUST 21
FUND, PROJECT NUMBERS 690001, 690002, AND 690003.
5.20 APPROVE APPLICATION BY GOURMET WINE CLUB, 1/12/99
INC — FOR FOUR -DAY STATE LIQUOR PERMIT — TO R 99-22
ALLOW MANUFACTURERS OR DISTRIBUTORS OF 21
PRODUCTS LICENSED UNDER THE STATE BEVERAGE
LAW, TO DISPLAY AND ALLOW CONSUMPTION OF
SUCH BEVERAGES ON THE PREMISES OF THE
COCONUT GROVE CONVENTION CENTER, MIAMI,
FLORIDA, DURING THE PERIOD OF JANUARY 21-24,
1999. .
5.21 AUTHORIZE CAP ON USER FEES OF $12,500 FOR 1/12/99
"CARNAVAL NIGHT" CONCERT TO BE HELD MARCH R 99-23
6, 1999, AT THE ORANGE BOWL STADIUM AND 22
PRESENTED BY THE KIWANIS CLUB OF LITTLE
HAVANA.
e
6.
APPROVE TEMPORARILY RESTRICTING VEHICULAR
1/12/99
ACCESS TO S.W. 2 COURT AT ITS INTERSECTION WITH
R 99-24
S.W. 18 ROAD AND I-95, DURING REPLATTING
22-23
PROCESS.
7.
APPROVE UNIFIED DEVELOPMENT PROJECT TO
1/12/99
DEVELOP COCONUT GROVE CONVENTION CENTER
R 99-25
SITE, LOCATED AT 2700 SOUTH BAYSHORE DRIVE,
23-25
AND THE ADJACENT PARKING AREA AT THE
NORTHEAST CORNER OF BAYSHORE DRIVE --
.-
AUTHORIZE CITY MANAGER TO PREPARE REQUEST.
- -
FOR PROPOSALS ("RFP") FOR SAID UDP TO SOLICIT
SERVICES FROM THE PRIVATE SECTOR TO INCLUDE
PLANNING AND DESIGN, CONSTRUCTION, LEASING
AND MANAGEMENT OF • IMPROVEMENTS - TO
PROPERTY.'
8.
PERSONAL APPEARANCE: MS: ADRIENNE FRIESNER--'.1/12/99
PARDO(-- GRANT REQUEST FOR USE OF PROPERTY
R 99-26
FOR PARKING OF RESERVED CARS FOR DIGNITARIES
25-27
FOR THE SUPER BOWL AND OTHER NFL (NATIONAL
FOOTBALL LEAGUE) AFFILIATED EVENTS. —Miami
One Centre
9.
PERSONAL APPEARANCE: REPRESENTATIVE(S) FROM
1/12/99
BUENA VISTA EAST HISTORIC DISTRICT
- R 99-27
NEIGHBORHOOD ASSOCIATION, TO REQUEST
27-33
MORATORIUM OF CODE ENFORCEMENT IN AREA '--
APPROVE DEVELOPMENT . OF EDUCATIONAL
PROGRAM WORKSHOP — FURTHER OFFERING
TECHNICAL ASSISTANCE TO NEIGHBORS THROUGH
NEIGHBORHOOD OFFICE AND COMMUNITY
DEVELOPMENT.
10.
PERSONAL APPEARANCE: AGUST N DOMINGUEZ,
1/12/99
PRESIDENT OF THE GREATER MIAMI
DISCUSSION
NEIGHBORHOODS, INC. / PASTOR VINCENT SPANN —
34-55
DISCUSS / " REFER TO CITY MANAGER FOR
EVALUATION PURCHASE OF PROPERTY FOR BASIC
TRAINING ORGANIZATION — DIRECT CITY MANAGER
TO PREPARE PROGRESS REPORT ON DEMOLITION OF'
BUILDING LOCATED AT 224 NORTHWEST 2 STREET —
DIRECT CITY MANAGER TO CONTACT HOMELESS
TRUST TO RESEARCH OTHER PROPERTIES SUITABLE
FOR BASIC TRAINING GROUP — CHAIRMAN PLUMMER
INVITES PASTOR VINCENT SPANN TO MEET AT I
AVENUE AND 16 STREET TO OBSERVE DRUG SALES
IN AREA — SEE LABEL 63.
a
11. (A) SECOND READING ORDINANCE: AMENDING 1/12/99
CHAPTER 2/ARTICLE XI OF -CODE ENTITLED: ORD. 11742
ADMINISTRATION/BOARDS COMMITTEES / 55-62
COMMISSIONS TO ESTABLISH COMMUNITY
RELATIONS BOARD .REFLECTIVE OF COMMUNITY.
(B) CHANGE RULING ON ORDER OF. DAY TO HEAR
ITEM 37 PRIOR TO LUNCH.
(C) DIRECT CITY ATTORNEY TO RETURN NEXT
COMMISSION MEETING WITH
LEGISLATION INCORPORATING TUCOM (UNITY .
COUNCIL OF NIIAMI) TO COMMUNITY RELATIONS
BOARD.
12. (A) ACCEPT REPORT PRESENTED BY AIRPORT NOISE 1/12/99
ABATEMENT COMMITTEE .. I M 99-28
(B) DIRECT CITY MANAGER TO REQUEST THAT 63-67
MIAMI-DADS COUNTY DESIGNATE OFFICIALS TO
APPEAR BEFORE CITY COMMISSION ON JANUARY 26, .
1999 TO EXPLAIN DELAY IN ADDRESSING NOISE
ABATEMENT PROCEDURES FOR CITY.
13. (A) DIRECT ADMINISTRATION TO HAVE NUISANCE 1/12/99
ABATEMENT BOARD REPRESENTATIVES AND POLICE DISCUSSION
LIEUTENANT WATKINS PRESENT TO APPEAR LATER 67-70
IN THE MEETING.
(B) DIRECT CITY ATTORNEY TO ADVISE COMMISSION
ON LEGALITY OF ASKING INDIVIDUALS PUSHING
GROCERY CARTS TO PROVE OWNERSHIP OF THOSE
CARTS.
(C) DIRECT ADMINISTRATION TO RECOMMEND TO
BASIC TRAINING GROUP TO JOIN CITY'S LOT
CLEARING EFFORTS IN OVERTOWN.
(D) COMMENTS MADE IN SPANISH EXPLAINING
NEED FOR QUORUM IN ORDER TO RECONVENE
COMMISSION MEETING.
(E) DIRECT ADMINISTRATION TO PROVIDE
CHAIRMAN PLUMMER WITH COPIES IF COCONUT
GROVE TRAFFIC STUDY.COMMENTS IN SPANISH
ABOUT USE OF PLACARDS AND SIGNS IN
COMMISSION CHAMBERS
14. ACCEPT DONATION OF SURPLUS FUNDS FROM 1/12/99
COMMISSIONER JOE SANCHEZ' CAMPAIGN ACCOUNT R 99-29
- FOR SOLE PURPOSE TO. INCREASE POLICE 70-72
PROTECTION AND CRIME PREVENTION IN ROBERT
KING HIGH / HALEY SOFGE / MARTIN FINE PUBLIC
HOUSING PROJECT - SEE LABEL 5.
. e •
15.
(A) REAFFIRM INTENT OF RESOLUTION 96-482 TO
1/12/99
ALLOCATE / APPROPRIATE ' _ COMMUNITY
M 99-30
DEVELOPMENT BLOCK GRANT FUNDS - FOR AIR
72-79
CONDITIONING AT ROBERT KING HIGH TOWERS.
(B) PERSONAL APPEARANCE: DELIA MARBOSA TO
REQUEST INVITATION TO ATTEND MEETING
BETWEEN CITY AND RENE RODRIGUEZ, MIAMI-DADS
PUBLIC HOUSING DIRECTOR IN CONNECTION WITH
AIR CONDITIONING FOR ROBERT KING HIGH
TOWERS.
16.
COMMENTS RE: COMPLAINTS/ PROBLEMS OF
1/12/99
BUSINESSES ON GRAND AVENUE IN COCONUT
DISCUSSION
GROVE- NUISANCE ABATEMENT BOARD AND. CODE
79
ENFORCEMENT- SEE LABELS 12B AND 13.
17.
APPROVE 30 DAY EXTENSION FOR RECORDATION OF '
1/12/99
BRICKELL WEST PLAT- SEE LABELS 4 AND 5
R 99-3 F
79-81
18.
APPROVE 30 DAY EXTENSION FOR RECORDATION OF
1/12/99
RITZ CARLTON PLAT- SEE LABELS 4 AND 5.
R 99-31
81
19.
EMERGENCY ORDINANCE: AMEND CODE SECTIONS 40-
1/12/99
241, 40-243, 40-246, 40-255 AND 40-256, PROVIDING:(1).
ORD. 11743
DESIGNATION OF CURRENT BARGAINING UNIT
82-85
REPRESENTATIVE FOR SANITATION EMPLOYEES; (2)
NEW AMORTIZATION SCHEDULE FOR UNFUNDED
ACTUARIAL ACCRUED LIABILITY; (3) EVALUATION OF
PENSION ASSETS; (4) NEW FUNDING METHOD FOR
NORMAL COSTS; (5) PENSION BENEFIT OF 3% FOR
PERSONS RETIRING ON OR AFTER OCTOBER 1, 1998; (6)
INCREASED COLA (COST OF LIVING ALLOWANCE)
BENEFITS.
20.
EMERGENCY ORDINANCE ESTABLISH NEW SPECIAL
1/12/99
REVENUE FUND: "DCF/RET (PY '99) REFUGEE
ORD.11744
EMPLOYMENT AND TRAINING PROGRAM", -
85-86
APPROPRIAT FUNDS FOR OPERATION OF PROGRAM
IN AMOUNT OF $104,110, FROM DEPARTMENT OF
CHILDREN AND FAMILIES (DCF) GRANT AWARD,
THROUGH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM (SFETC).
21.
FAILURE TO APPROVE PROPOSED SECOND READING
1/12/99
ORDINANCE TO ESTABLISH UNITY COUNCIL OF
DISCUSSION
MIAMI (TUCOM) - FURTHER REQUEST TO
86-87
INCORPORATE TUCOM WITH COMMUNITY
RELATIONS BOARD.
22.
APPROVE SECOND READING ORDINANCE ESTABLISH
1/12/99
NEW _ SPECIAL REVENUE FUND ENTITLED
ORD. 11745
"NEIGHBORHOOD YOUTH JUSTICE PROGRAM," -
88
APPROPRIATE FUNDS FOR OPERATION OF PROGRAM,
_
IN AMOUNT OF $76,992, FROM GRANT FROM FLORIDA
DEPARTMENT OF JUVENILE JUSTICE..
23.
APPROVE SECOND READING ORDINANCE ' AMEND
1/12/99
CHAPTER - 22/ARTICLE IV., OF CODE ENTITLED
ORD. 11746
"GARBAGE AND OTHER SOLID WASTE/LOT
89-90
CLEARING" - SET FORTH PROHIBITIONS RELATING
TO OVERGROWN AND. DEBRIS. LADEN .LOTS -'
PROVIDE FOR OFFICIAL NOTIFICATION OF
VIOLATION AND FOR NON-COMPLIANCE REMEDIES -
COMMENTS RE: ILLEGAL DUMPING
24.
APPROVE SECOND READING ORDINANCE AMEND
1/12/99
ORDINANCE NO. 11478 WHICH ESTABLISHED INITIAL
ORD. 11747
RESOURCES AND INITIAL APPROPRIATIONS FOR
90-91
SPECIAL REVENUE FUND ENTITLED "S:T.O.P.
PROGRAM," - INCREASE SAID APPROPRIATION IN
AMOUNT OF $45,425, FROM GRANT FROM U.S.
DEPARTMENT OF JUSTICE.
25.
APPROVE SECOND READING ORDINANCE AMEND
1/12/99
SECTION VI OF CITY'S GENERAL APPROPRIATIONS
ORD. 11748
ORDINANCE NO. 11705 - REVISE CONTINUING AND
91-92
INCLUDING NEW CAPITAL IMPROVEMENT PROJECTS
FOR FY 1998-99 IN GENERAL GOVERNMENT, PUBLIC
SAFETY, SOCIAL AND ECONOMIC ENVIRONMENT,
PARKS AND RECREATION, TRANSPORTATION AND
PHYSICAL ENVIRONMENT PROGRAM AREAS.
26.
APPROVE SECOND READING ORDINANCE AMEND
1/12/99
SECTIONS 1, 3 AND 5 OF ORDINANCE NO. 1155
ORD.11749
(ANNUAL APPROPRIATIONS ORDINANCE) FOR FISCAL
92-93
YEAR ENDING SEPTEMBER 30, 1998 - INCREASE .SAID
APPROPRIATIONS RELATING TO OPERATIONAL AND
BUDGETARY REQUIREMENTS OF CERTAIN CITY
DEPARTMENTS
27.
APPROVE SECOND READING ORDINANCE' AMEND
1/12/99
SECTION 38-8 OF CODE -- TO ELIMINATE PAYMENT
ORD. 1.1750
OF ADDITIONAL TEN PERCENT CHARGED ON TICKET
' 93-95
SALES FOR EVENTS SPONSORED BY NON-PROFIT
ORGANIZATIONS AT MANUEL ARTRVIE COMMUNITY
CENTER - FOR ONE YEAR
28.
APPROVE FIRST READING ORDINANCE REPEAL IN ITS
1/12/99
ENTIRETY ARTICLE XI, DIVISION 8, ENTITLED
ORDINANCE
"HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS-
95-97
ADVISORY BOARD", OF CODE = AUTHORIZE CITY
MANAGER TO TAKE "WHATEVER; STEPS' -ARE
NECESSARY FOR CITY AS ENTITLEMENT RECIPIENT
OF HOPWA PROGRAM GRANT FUNDS TO JOIN AND
PARTICIPATE WITH MIAMI-DADS HIV/AIDS
PARTNERSHIP.
29.
AUTHORIZE / DIRECT CITY MANAGER -TO PROVIDE '1/12/99
ADMINISTRATIVE ASSISTANCE TO MIAMI-DADS
R 99-33
HIV/AIDS PARTNERSHIP - FURTHER APPOINTING
97-99
COMMISSIONER JOE SANCHEZ TO SERVE AS VOTING
MEMBER OF PARTNERSHIP.
30.
APPROVE FIRST READING ORDINANCE AMEND
1/12/99
CHAPTER 13/ARTICLE IV OF CODE ENTITLED
ORDINANCE
"DEVELOPMENT IMPACT AND OTHER RELATED'
99-101
FEESANTERIM PROPRIETARY AND GENERAL
SERVICES FEE" - PROVIDE THAT INTERIM
-
PROPRIETARY AND GENERAL SERVICE FEE SHALL BE
PAID IN FULL PRIOR TO ISSUANCE OF CERTIFICATE
OF OCCUPANCY AND COLLECTED BY THE DIRECTOR
OF PLANNING, BUILDING AND ZONING DEPARTMENT
- FURTHER DIRECTING CITY MANAGER TO ENSURE
NEW ARENA DEVELOPERS FULFILL COMMITMENT
TO DEDICATED PARKING SPACES PRIOR TO ISSUING
THEIR CERTIFICATE OF OCCUPANCY.
31. APPROVE FIRST READING ORDINANCE AMEND 1/12/99
SECTION 2-612, ARTICLE V. OF CODE ENTITLED ORDINANCE
"CONFLICTS OF INTEREST'- TO ALLOW EMPLOYEES 101-102
OF CITY TO PARTICIPATE IN COMMUNITY
DEVELOPMENT BLOCK GRANT ASSISTED SINGLE
FAMILY REHABILITATION LOAN PROGRAM WITHOUT
SEEKING WAIVER.
32
DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM, 1/12/99
21 (TERMINATING THE DEVELOPMENT RIGHTS OF DISCUSSION
LIBERTY HOUSING ASSOCIATES AS THE DEVELOPER 102
OF THE PROPOSED 134-UNIT . HOUSING PROJECT
KNOWN AS NORTHWESTERN ESTATES) - SEE LABEL
4 - DIRECT CITY MANAGER TO PROVIDE MORE
INFORMATION IN CONNECTION WITH ALLOCATION
OF FUNDS FOR SAID PROJECT - FURTHER DIRECTING
MANAGER TO DISCLOSE WHO OWNS SAID
PROPERTY.
33.
TABLE TO LATER IN- MEETING CONSIDERATION OF
1/12/99
AGENDA ITEM 22 (EMERGENCY .. PURCHASE. OF
DISCUSSION
PIERCE SABER PUMPER TRUCKS FOR FIRE -RESCUE) -
103
SEE LABEL 35.
34.
APPROVE PURCHASE OF • EMERGENCY MEDICAL•
1/12/99
CARE VEHICLES FROM - AERO PRODUCTS
R 99-34
CORPORATION - FOR FIRE -RESCUE - ALLOCATE
103-104
$19,533 FROM CAPITAL IMPROVEMENT PROGRAM
PROJECT 313233 ACCOUNT 289401.840 FUNDED BY
FIRE ASSESSMENT.
35.
RATIFY / APPROVE / CONFIRM CITY MANAGER'S
1/12/99
FINDING OF EMERGENCY - WAIVE COMPETITIVE
R 99-35
SEALED BIDDING PROCEDURES - APPROVE
104-105
EMERGENCY PURCHASE OF TWO (2) 1998 PIERCE
SABER PUMPER TRUCKS FROM PIERCE
MANUFACTURING, INC - FOR FIRE -RESCUE,;
ALLOCATING $428,280 FROM CAPITAL IMPROVEMENT
PROGRAM, "FIRE -RESCUE NEW APPARATUS
ACQUISITION", PROJECT NO. 313233, FUNDED BY FIRE
ASSESSMENT. - SEE LABEL 33.
36.
TABLE FOR FOUR FIFTHS VOTE CONSIDERATION OF
1/12/99
AGENDA ITEM 23 (RATIFYING, APPROVING AND
DISCUSSION
CONFIRMING THE CITY MANAGER'S FINDING OF AN
105
EMERGENCY; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
APPROVING THE EMERGENCY PURCHASE OF
TWENTY (20) MOTOROLA DIGITAL XTS 3000
PORTABLE RADIOS FROM MOTOROLA, INC.,) - SEE
LABEL 58
37. DISCUSS PROPOSED NEGOTIATED SETTLEMENT 1/12/99
BETWEEN CITY OF MIAMI AND PAN AM AIR BRIDGE IN DISCUSSION
CONNECTION WITH WATSON ISLAND AIR TERMINAL 106-114
FACILITY REDEVELOPMENT.
11
38.
AUTHORIZE SETTLEMENT: NORTHERN TRUST, ET.
1/12/99
AL., WITHOUT ADMISSION OF _-LIABILITY - PAY
R 99-36
$200,000, IN FULL AND COMPLETE SETTLEMENT OF
114-11-6
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, FOR THE CAUSE NORTHERN TRUST
BANK OF FLORIDA, N.A.; ET, AL. V. CITY OF MIAMI,
ET. AL., (CASE NO. 97-09112 CA (21),) - ALLOCATE
FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.653.
39.
DIRECT ADMINISTRATION TO CHECK CEMENT
1/12/99
PLANTS QUICKLY IN WYNWOOD FOR POTENTIAL
DISCUSSION
ENVIRONMENTAL HAZARD.=WHITE DUST CLOUD
116
40.
ACCEPT BID: FLORIDA LAWN SERVICE, INC., - FOR
1/12/99
"BRICKELL AVENUE MEDIANS LANDSCAPE
R 99-37
RENOVATION AND MAINTENANCE, B-630T'; -
117
ALLOCATE $71,395 THEREFOR FROM THE GENERAL
FUND, ACCOUNT CODE NO. 310501-340, - INSTRUCT
ADMINISTRATION TO INFORM TORY JACOB_ S THAT
ITEM PASSED
41.
AUTHORIZE ENGAGEMENT OF DAVIS WEBER &
1/12/99
EDWARDS - FOR REPRESENTATION OF THE MIAMI
R 99-38
SPORTS AND EXHIBITION AUTHORITY ("MSEA") IN
118-119
THE CASE OF DECOMA, LTD., 'A TEXAS LIMITED
PARTNERSHIP VS. CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION, AND MIAMI SPORTS AND '
EXHIBITION AUTHORITY, CASE NO. 96-12055 CA 04 IN
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT - ALLOCATE $30,000, AT A BLENDED RATE
OF $150.00 PER HOUR, PLUS COSTS FROM THE CITY
OF MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND.
42. BRIEF DISCUSSION REGARDING SPRING INAUGURAL 1/12/99
AT LEGION PARK (SEE LABEL 49). DISCUSSION
119-120
43. DISCUSS PROCESS TO ESTABLISH AN AFFILIATE OF 1/12/99
KEEP FLORIDA BEAUTIFUL INC., WITHIN THE CITY OF DISCUSSION
MIAMI. - SEE LABEL 48. 120-121
44. DISCUSS NEED FOR PROPOSED NEWSRACK 1/12/99
ORDINANCE. TO BRING UNIFORMITY TO NEWSPAPER DISCUSSION
RACKS IN CITY - SCHEDULE ITEM FOR NEXT CITY 121
COMMISSION MEETING.
'E� T.'r.b'. � a..v-:4aF�.-"
4 • GK�•.�.'5.=.0. 14.V.y'-. » - _ _r. - � _- - _ a- - - ..- ._D3!_•F�'
45.
DIRECT ADMINISTRATION TO LIST IN-HOUSE ITEMS
1/12/99
AT END OF AGENDA
DISCUSSION
121
46.
DISCUSS IMPACT OF PROPOSED FEDERAL
1/12/99
LEGISLATION -ON HEALTH -- CARE AND HMO
R 99-39
INDUSTRY - DIRECT CITY MANAGER TO ISSUE WITH
121-126
.
IN-HOUSE PERSONNEL REQUEST FOR PROPOSALS IN
CONNECTION WITH HEALTH INSURANCE FOR CITY
EMPLOYEES - FURTHER INSTRUCT. MANAGER TO
• . =
REVIEW WITH UNION REPRESENTATIVES HEALTH..
--
INSURANCE REQUEST FOR PROPOSALS ISSUED BY.
BROWARD COUNTY SCHOOL BOARD-,_.::.
47.
DISCUSS-, IMPACT .,! AND `IMPLEMENTATION '.' OF
, 1/12/99
AMENDMENT #3 (INCREASE . HOMESTEAD-
DISCUSSION
EXEMPTION TO RESIDENTS 65 AND OVER t WITH
.126-128
INCOME OF LESS THAN $20,00) WITHIN CITY ,OF
NIIANII.
. 48.
DISCUSS . BUDGETARY' IMPACT - .. ENCOURAGE
1/12/99
ESTABLISHMENT OF KEEP MIAMI BEAUTIFUL,INC. -
R 99-40
TO ASSIST MAKING MIAMI HEALTHIER / CLEANER / -
128-130
SAFER PLACE - SEE LABEL 43.
49. CONTINUE DISCUSSION ON FUNDING RENOVATIONS 1/12/99
FOR LEGION PARK - SEE LABEL 42. DISCUSSION
_ 130-132
50. BRIEF DISCUSSION IN CONNECTION WITH UNSAFE 1/12/99
STRUCTURES BOARD MEMORANDUM OF DECEMBER DISCUSSION
4, 1998 - DIRECT CITY MANAGER TO CONTACT DADE 132
DELEGATION TO EXPLAIN PROBLEMS IN DELAYING
DEMOLITION OF UNSAFE STRUCTURES.
51. APPROVE EXTENSION OF LEGAL SERVICES OF 1/12/99
LEIBOWITZ & ASSOCIATES, P.A. AS OUTSIDE R 99-41
COUNSEL FOR CITY IN NEGOTIATIONS WITH MIAMI 133-135
TELECOMMUNICATIONS, INC (TCI) IN CONNECTION
WITH CABLE LICENSE FRANCHISE AGREEMENT /
PROPOSED MERGER OF TCI WITH AT&T / PROPOSED
TRANSFER OF CABLE SYSTEM FROM TCI TO MEDIA
ONE - ALLOCATE $100,000. FROM SPECIAL
PROGRAMS AND ACCOUNTS, ACCOUNT 921002-270.
52. DISCUSS UTILIZATION OF PROPERTY TAX BILL FOR 1/12/99
COLLECTING RESIDENTIAL SOLID WASTE FEES. - DISCUSSION
SCHEDULE AS PUBLIC HEARING FOR NEXT CITY 135-138
COMMISSION MEETING.
53.
APPOINT CERTAIN INDIVIDUALS AS MEMBERS OF
1/12/99
THE M AMI SPORTS & EXHIBITION AUTHORITY-
R 9942
("MSEA").
M 9942.1
138-140
54.
APPOINT PEDRO PABLO PENA / JUAN CARLOS
1/12/99
ESPINOSA AS MEMBERS OF THE CULTURAL AND FINE
R 99-43
ARTS BOARD.
140-141
55.
APPOINT RUTH GREENFIELD / FRED JOSEPH AS
1/12/99
MEMBERS OF THE PERFORMING ARTS CENTER
R 99-44
TRUST..
141-142
56.
(A) APPOINT RADAMES REGUERO. / PABLO PEREZ
1/12/99
CISNEROS / FRANKIE ROLLE AS MEMBERS OF THE
M 9945
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
M 9946
.BOARD. -
142-147
(B) APPROVE WAIVER FOR ABSENCES OF FRANKIE
4
ROLLE. '
57.
DISCUSS RENAMING ALLAPATTAH COMSTOCK PARK
1/12/99
LOCATED AT 2800 NW 17 AVENUE, MIAMI, FLORIDA,
DISCUSSION
TO JUAN PABLO DUARTE PARK - DEFER TO NEXT
147-149
COMMISSION MEETING TO CLEAR DEED
RESTRICTIONS - READVERTISE PUBLIC HEARING: ' -
-
58. RATIFY / APPROVE / CONFIRM EMERGENCY FINDINGS 1/12/99
- APPROVE PURCHASE OF PORTABLE RADIOS FOR R 99-48
FIRE -RESCUE - FROM MOTOROLA, INC - ALLOCATE 149-150
$70,000 FROM CAPITAL IMPROVEMENT PROJECT
313233, ACCOUNT 289401-840 FUNDED BY FIRE
ASSESSMENT. (SEE LABEL 36).
59., (A) APPROVE RESOLUTION RELATED -.TO MARTIN
1/12/99
LUTHER KING, JR., PARADE SCHEDULED- FOR-
R 9949
' JANUARY 18, 1999 - PROVIDE FOR STREET CLOSURE /
151-159
PEDESTRIAN MALL / WAIVING ALL APPLICABLE FEES.
/ PROVIDING DEPARTMENTAL SERVICES. WITHOUT
CHARGE.
(B) BRIEF - DISCUSSION IN - CONNECTION WITH
COMMUNITY DEVELOPMENT BLOCK _GRANT FUND
ALLOCATIONS FOR LITTLE 7 HAVANA NUTRITION
CENTER.
(C) COMMENTS RELATED TO WANING SOME FEES
FOR JOSE MARTI PARADE SCHEDULED FOR JANUARY
28, 1999 .
60. COMMENTS RELATED TO ROD & REEL CLUB FISHING
1/12/99
TOURNAMENT ON, WATSON ISLAND - = PERSONAL-
DISCUSSION
APPEARANCE: RAY STORMONT.
159-160
61. (A). APPROVE RESOLUTION URGING REVIEW AND
1/12/99
ANALYSIS OF PRACTICES OF MIANH-DADE . WATER
' R 99-50
AND SEWER DEPARTMENT.
160-162
(B) DIRECT CITY ATTORNEY AND CITY MANAGER
TO RESEARCH WHAT OTHER MUNICIPALITIES ARE
DOING IN RELATION TO STREET USE BY COUNTIES
FOR PURPOSES OTHER THAN. NORMAL
TRANSPORTATION.
62. INSTRUCT CITY MANAGER TO REVIEW PENSION 1/12/99
MATTER OF JOSEFINA GOMEZ-PEREZ - PERSONAL DISCUSSION
APPEARANCE: CHARLIE COX. 163-165
63. DIRECT CITY MANAGER TO REPORT ON UNSAFE 1/12/99
STRUCTURE / DEMOLITION OF BUILDING LOCATED DISCUSSION
AT 224 NORTHWEST 12 STREET - SEE LABEL 10. 165-166
64. DIRECT CITY MANAGER TO SCHEDULE PUBLIC 1/12/99
HEARING TO DISCUSS CDBG ALLOCATIONS TO TWO DISCUSSION
SOCIAL SERVICE HAITIAN ORGANIZATIONS. - 166-167
FURTHER REQUESTING MANAGER TO REPORT ON
SAFE STRUCTURE OF CENTER FOR HAITIAN STUDIES
BUILDING LOCATED AT 8260 NE 2 AVENUE.
65. APPROVE CAP OF USER FEE FOR ORANGE BOWL 1/12/99
STADIUM FOR PROFESSIONAL SOCCER R 99-52
CONTINENTAL CUP GAME SCHEDULED FOR 167
JANUARY 17, 1999.
1
66. APPROVE USE OF KENNETH MYERS PARK BY HOME 1/12/99
MANAGEMENT .-SHOW CORP - FOR PARKING R.99-52:
OVERFLOW �OF. 'HOME DESIGN AND REMODELING-168-169
SHOW SCHEDULED FOR FEBRUARY 5-10, 1999, AT -
COCONUT GROVE EXHIBITION CENTER.
67. DISCUSS- / SCHEDULE FOR NEXT COMMISSION •1/12/99
MEETING ITEM RELATED TO HIRING PROFESSIONAL DISCUSSION
TO PUBLICIZE MIAMI INTERNATIONAL TRADE IN 169
INTERNET.
68. CONTINUED DISCUSSION ON . ANNOUNCEMENT - OF 1/12/99
MIAMI AS PART OF EMPOWERMENT ZONE - DIRECT DISCUSSION
CITY MANAGER TO ACCOUNT FOR FUNDS 170-172
EARMARKED- FOR HIRING CONSULTANT- TO ASSIST
CITY WITH EMPOWERMENT ZONEAPPLICATION
SEE LABELS 1 K AND 74.
69.
BRIEF DISCUSSION RELATED TO ANNUAL COST OF
1/12/99
CITY BOARDS.
DISCUSSION
1 -
- 172
70.
BRIEFLY DISCUSS MONTHLY STATUS REPORT OF
1/12/99
CITY BUDGET - DIRECT - .ADMINISTRATION TO
DISCUSSION
PROVIDE JUSTIFICATION OF DEPARTMENTAL USAGE
172-173
OF OVERTIME CITYWIDE.
71.
.(A). DISCUSS • POSSIBLE ENHANCEMENT TO
1/12/99
STRUCTURE AND PURPOSE OF NET OFFICES
DISCUSSION
INCLUDING EXTENDED WORK HOURS ON WEEKENDS
173-179
AND MEETINGS WITH COMMISSIONERS TO DISCUSS
ISSUES.
(B) DIRECT ADMINISTRATION TO REMOVE TREE ON
DOUGLAS AND PERCIVAL FROM PUBLIC RIGHT-OF-
WAY.
(C) CONTINUED COMMENTS ON NET OFFICES AND
POSSIBILITY OF DIRECTORS TOURING DISTRICT
FACILITIES TO ASCERTAIN PROBLEMS FIRST HAND.
72.
COMMENTS IN CONNECTION WITH LIEUTENANT
1/12/99
COTERA'S STREET NARCOTICS UNIT FOR JOB WELL
DISCUSSION
DONE.
179
73.
COMMENTS RELATED TO NEED TO HIRE 36
1/12/99
SANITATION WORKERS PREVIOUSLY PROMISED-
DISCUSSION
SCHEDULE FOR DISCUSSION IN NEXT COMMISSION
179-180
AGENDA
NIINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF NIIANII, FLORIDA -
ss*s•
On the 12th day of January, 1999, the City Commission 'of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. -
The meeting was called to order at 10:00 am. by Chairman Plummer, with the following
members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, Acting City Manager
Alejandro Vilarello, City Attorney.
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
NOTE FOR THE RECORD: Prior to formally convening, the following comments were made:
Chairman Plummer. But there's only one ceremonial to be done
this morning and the person is not here, so the official opinion of the City Commission will be at ten o'clock.
The Manager has already withdrawn Item 25 and Item 30 and is going to be withdrawing from the consent
agenda items...
Mr. Donald Warshaw (City Manager): The Consent Agenda? Fourteen and 15.
Chairman Plummer: Item 14 — Mr. Clerk, Item 14 and 15 on the consent will be withdrawn by the
Manager. Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes. With regard to Item 21, we were...
Chairman Plummer: Regular or consent?
Mr. Vilarello: Regular.
Chairman Plummer: Regular Item 21.
Mr. Vilarello: I would like for a deferral of that for 30 days.
Chairman Plummer: All right. Item 21 on the regular agenda for deferral. Is there any other requests from
the administration for — all right, tabling is no problem. Which item do you want to table, Joe?
Commissioner Sanchez: Twenty-eight.
0
1 January 12, 1999
Unidentified Speaker: CA-28.
Chairman Plummer: CA-28.
Commissioner Sanchez: Until the afternoon.
Chairman Plummer: All right. Mr. Manager, Mr. Sanchez wants to table Item CA-28 until what time, after
2:00?
Commissioner Sanchez: First item after we get back from lunch, after two o'clock.
Chairman Plummer: Maybe. After two o'clock.
Unidentified Speaker: Yes.
Chairman Plummer: All right.
Commissioner Sanchez: I'm not asking for that much. -
Chairman Plummer: OK. Ladies and gentlemen, that's where we are right now. Mr. Garcia -Toledo, its
nice to see you, sir. Oh, Mr. Manager and Mr. Kay, on CA — the plat of Ritz Carlton.
Mr. Warshaw: Fifteen and 16.
Chairman Plummer: That's CA-10 and 11.
Mr. Warshaw: Oh, I'm sorry.
Chairman Plummer: It is my understanding, Mr. City Attorney — I need the three of you — that this should
not have been on the agenda as a consent item.
Mr. Warshaw: That's correct.
Chairman Plummer: OK. Now, it is my desire — it is in my district — that that be put over as an agenda
item for today. So, I need you to tell me what we need to do to be able to bring that up as a regular agenda
item today.
Mr. Vilarello: As you know, by ordinance, any item that is deferred from the Consent Agenda is
automatically deferred to the next meeting. So, the Commission needs to decide to hear the item today. A
majority vote of the City Commission, I believe, would be — would entitle you to hear this item today.
Chairman Plummer: Thank you, sir.
Commissioner Sanchez: Mr. Chairman, I...
Chairman Plummer: Some time after midnight tonight. Yes, sir.
Commissioner Sanchez: I have one item that I think we've come to an agreement, CA-10, to take out of the
Consent Agenda and let's...
Chairman Plummer: Is that the Ritz Carlton?
Commissioner Sanchez: Yeah. OK. We want to hear it — either hear it today or get a 30-day extension on
it.
2 January 12, 1999
{-.+s,�.-.eo.�i'ti�2w. ".a.-r..•:.; .mot.:?s:- _- . " Asti;;: c...- '-' _ . �_ _ __ _ _---�' ,
owl
r
Chairman Plummer. Excuse me. That's in my district. Why are you asking? _
Commissioner Sanchez: That's my district.
Chairman Plummer: It's not your district.
Commissioner Sanchez: It's my district. You come in my district all the time, so I'll go in your district.
Chairman Plummer: No, no, no, no, no. No, no, no, no, no. We're going to have a turf war.
Commissioner Sanchez: And the — and I have another item I want to defer. -
Chairman Plummer. Excuse me. I think that 10 and 11 are basically the same problem. They should not be
here. We need to transfer them over and the City Attorney has said, by the rule of three votes, we can do
that without any problem.
Commissioner Sanchez: And also CA-5, I would lice to defer.
Chairman Plummer. CA-5. Any Commissioner has a right to withdraw. CA-5 will be withdrawn.
Commissioner Gort: Withdraw them all. ' -. - _, - - . r-..
Chairman Plummer: Withdraw them all. Are we — Mr. Clerk, are you keeping up with this? - ,
Mr. Walter Foeman (City Clerk): Yes.
Chairman Plummer: CA-5 is going to be — you can do it now, to withdraw it, in case anybody's here that
they're not going to be delayed all day. Yours has been deferred. Yeah. Shake -A -Leg and YMCA. The
Manager — do you need to put on the record why?
Mr. Warshaw: We've been working with both organizations and, by mutual agreement, decided that there's
no need for a Letter of Intent.
Chairman Plummer: OK. Mr. Gort, is there any items that you wish — want to withdraw from the Consent
Agenda, you can do without Commission approval, or any item on the regular agenda?
Commissioner Gort: No.
Chairman Plummer: OK. All right. For clarification of the record, there was a mistake. CA-14 and 15 are
not the two that are withdrawn. It is, in fact, CA-15 and 16. I ask all of you, please, to check on the board to
see that if one of your items is not going to be heard today, that you don't have to spend all day here. This
Commission will officially open at 10 a.m. Mr. City Manager, I don't know whose responsibility it is.
When we came out here, we had a meeting last night of all the people of Main Highway. Outside of City
Hall last night was dark as dark can be. Only one of the lights is lit. It is obviously an unsafe condition for
the ladies, especially, and I would hope that the administration would make sure that that doesn't continue.
Mr. Warshaw: We'll take care of it.
Commissioner Sanchez: Mr. Vice — Mr. Chair?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I believe I'm ready, when you are, to issue the Certificate of Appreciation. The
gentleman has arrived.
Chairman Plummer: The photographer is here. The gentleman is here. Do I have to put on a necktie?
3 January 12, 1999
1
Commissioner Sanchez: Yes, you do. We want the City to always look at its best.
Chairman Plummer: Then we'll eliminate you. .
Commissioner Sanchez: OK. I know what to get you for Christmas. A nice tie.
1. PRESENTATIONS STEPHEN KRAHN - CERTIFICATE OF APPRECIATION - FOR VALUABLE
CONTRIBUTION TO CITY'S THANKSGIVING CELEBRATION EFFORTS.
Chairman Plummer: All right. Mr. Sanchez, would you call your recipient?
Commissioner Sanchez: Stephen Krahn. Come on up: Mr. Plummer, your fashion is improving.
Chairman Plummer. Yes. All right. Mr. Gort, front and center. Mr. Gort?
Commissioner Sanchez: Yes.
Chairman Plummer: Mr. Sanchez?
Commissioner Sanchez: Well, we...
Chairman Plummer: The microphone is yours.
Commissioner Sanchez: Thank you. This Thanksgiving we had the great honor'of having the Miccosukee
Tribe donate close to a thousand turkeys and also the Florida PBA (Police Benevolent Association) donated
some turkeys, so we distributed a thousand two hundred turkeys throughout the community. This was done
also with the Mayor — the County Mayor. We split the turkeys in half, through the Miccosukee's
recommendation, to issue turkeys out to families that were in need and make sure that they had a good
Thanksgiving. It was a great event that was very successful. I had a lot of fun doing it, but I didn't do it by
myself. Along with the distribution, we had Sysco and several other employers, including Stephen Krahn,
who helped us out tremendously, and that's why I felt it was a necessity to give him a Certificate of
Appreciation. Because we drove from elderly center to low income housing throughout the community
giving out these turkeys and they were 25 pound turkeys. So, its something that was done for the
community. Something that really took a lot of work to get together and put together and organize it but it
was done. So, I took the liberty to get a Certificate of Appreciation to Stephen Krahn in recognition of your
valuable contribution to the City of Miami. We hereby convey our gratitude by issuing to you this
Certificate of Appreciation. If we could give him a round of applause. Thank you. (Applause).
Chairman Plummer: We'd like to thank you, Mr. Big Turkey.
Commissioner Sanchez: You're quite welcome, Old Turkey.
Chairman Plummer: And we have 13 minutes to the starting gun.
4 January 12, 1999
2. DIRECT CITY MANAGER TO PUBLISH ON CABLE NET 9 WAY FOR CITIZENS TO,
REPORT OUT OF ORDER STREET LIGHTS.
(B) EVALUATE DISTANCE REQUIREMENT FOR PROPOSED PACKAGE STORE FOR
SLOPPY JOE'S LOCATION IN COCONUT GROVE.
(C) SCHEDULE FOR LATER IN MEETING DISCUSSION IN CONNECTION WITH
SUPPLEMENTAL WASTE FEES. -
(D) REPORT ON STATUS AND FORECLOSURE OF WYNWOOD FOREIGN TRADE ZONE
(E) DRAFT ORDINANCE TO CURTAIL ILLEGAL PARKING OF BUSSES BY COCONUT
GROVE PLAYHOUSE.
(F) DRAFT ORDINANCE SIMILAR TO MIAMI BEACH'S TO REGULATE PASTING OF
SPECIAL EVENTS SIGNS BY PROMOTERS ON. UTILITY POLLS.
(G) INVESTIGATE COMPLAINTS OF OBSTRUCTED SIGNS BY OVERGROWN FOLIAGE
IN MAIN HIGHWAY. - -
(H) ADDRESS OPEN GATES AT PEACOCK PARK.
(1) DIRECT CITY ATTORNEY AND. CITY MANAGER TO REVIEW CITY'S CONTRACT
WITH FLORIDA POWER AND LIGHT IN RELATION TO STREET LIGHTS — FURTHER
INSTRUCT MANAGER TO REPORT OUT OR ORDER LIGHTS OUTSIDE CITYHALL.
(J) ADDRESS LATER -IN MEETING POLICE OPERATIONAL REVIEW STUDY.
(K) REPORT TO RESIDENTS BENEFITS OF LIVING WI1HW EMPOWERMENT ZONE
AREA. — SEE LABEL 68.
(L) COMMENTS ON ATTENDANCE OF THREE KINGS PARADE AND NEED TO RETURN
TO PREVIOUS ROUTE ALONG 4 AVENUE AND 24 STREET.
(M) COMMENTS ON APPOINTMENTS TO PERFORMING ARTS TRUST — SEE LABEL 55
(N) COMMENTS ON APPOINTMENTS TO WATERFRONT BOARD. _
Chairman Plummer: Mr. Manager, may I take advantage of you, please. Mr. Burhmaster, since you have to
do the work, you better sit down and start writing. I would like, Mr. Manager, consideration to be given on
Cable 9 a piece to be put for people of this City to call in when street lights are not working. We are paying
$24.75 a street light. There are literally hundreds of them out. I'd like to see on Cable 9 a phone number
for people to call and say, "Hey, my street light is out," or "My street light is totally encompassed in trees."
And if it is, I think we ought to turn it off, because FP&L (Florida Power and Light) does not trim the trees.
I received from that meeting of last night, we know that Sloppy Joe's has gone out of business. There is a
proposed package store to go in there, questioning as to whether or not a package store can legally go in
without the distance requirements.
Chairman Plummer: Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Plummer: I had sent to you previously, and its going to come up later today, the supplemental
waste fee. It was to be abolished to the condominiums on Brickell. I'll bring it up later but I just want to
give you head -up warning. Mr. City Attorney, I would like an answer later this afternoon, for Commission's
edification, the posture of the Wynwood Free Trade Zone and the foreclosure. I would like to know — the
people last night were raising holy hell, and rightfully so, of the buses that are parking at the Playhouse; that
they park in the middle of the street; they park all the way down Charles; they leave those buses running the
entire time that the production of the play is going on. I'd ask, once again, about the New York Ordinance.
If they can't be found, let's create one of our own, that they cannot leave those buses running for more than
10 minutes. I.also spoke to you previously about an ordinance on Miami Beach for these promoters who's
taking glue and gluing these advance signs up on poles, up on concrete, that take three guys to get the things
off; that they confiscate the purses on Miami Beach and hold it to get the money to remove those signs and
then release the purses. Mr. Kay, as I said to you — and I want only say it again so that the people will know
that I followed through — of the complaints about the foliage and trees on Main Highway and in that general
area, in reference to obliterating and hiding the traffic device signs. And, Mr. Manager, I spoke to you on
5 January 12, 1999 1
- u
three occasions about the gates at Peacock Park. The gates are open. They were full of cars today and they
are, in fact, tearing up the turf of a park instead of a parking lot I talked to you about the lights at,City Hall.
Mr. City Attorney, I would ask you, please, to review the contract with FP&L (Florida Power &.Light) in
reference to the street lighting because we're going to have to have a prayer meeting. Of a five million
dollar ($5,000,000) customer we are, they do not have a single person assigned to the contract and it gets
irritating to me, to no extent, when I see FP&L (Florida Power & Light) trucks drive by lights that are out
and do nothing about it and we're having to pay 24.75 a month for those lights.. Mr. Manager, I'll talk to you
later about the Police Operational Review Study.
Unidentified Speaker: What about the discount?
Chairman Plummer: That's something we'll have to do through the contract.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort, do you want — we're not in full session
Vice Chairman Gort: No, I know. _. • - .
Chairman Plummer. SoJust things you wanted to bring up.
Vice Chairman Gort: I just want to ask — for information purpose. That we all read — I understand the
press conference is going to be held today with an announcement that's going to be made that we were
giving the Empowerment Zone. Has that been confirmed?
Chairman Plummer: According to the paper, its tomorrow. Empowerment Zone, is there going to be a
press conference today? -
Vice Chairman Gort: No. Have we been awarded the —my understanding is, we had been awarded the
contract. What I would like to see, as soon as possible, if our staff can put together the benefits to the -
people in the zones and how they can go about it besides all the other — my understanding is, we had several
proposals that had been part of that application.
Mr. Donald Warshaw (City Manager): The vast majority of the Empowerment Zone land is located in the
City.
Chairman Gort: In the City of Miami. But we already have some proposals or part of the proposals that we
have in there? Does that mean that those proposals be accepted or be part of it?
Mr. Warshaw: Yes, but I will get you something in writing.
Vice Chairman Gort: OK. Also, the benefits — because me understanding was, and connect me if I'm wrong,
a lot of the businesses within the zone will be able to do tax exempt bond issues.
Mr. Warshaw: Right.
Vice Chairman Gort: Which is very important for the finance of the economic development of those areas.
Mr. Warshaw: Hundreds of millions of dollars in new loan capabilities overall.
Vice Chairman Gort: OK. So, that would be good for us if we get a list of all the benefits, so we could pass
it out.
Chairman Plummer: Mr. Manager, I think it should be a compliment to you and to the people of the
administration — I know Commissioner Gort and Sanchez. I didn't see Regalado. The Three Kings Parade .
6 January 12, 1999
this year was unbelievable. I mean, it was a mob of people.- It was just people, people everywhere. ]was
very surprised of the fact that the weather was lousy. There was a major football game on and people came
out in the thousands. I would make a suggestion, through you, sir, that they go back to the old route of 4th
Avenue to 27th Avenue because there just wasn't enough room for people. There was that many people
there but there just wasn't room in that short span as to what we had had in the past, and that additional five
blocks, I think, would make a big difference. But our compliments to you and the Mayor for a job well
done. And, to my knowledge, there was really no arrests made. There was no major problems in any way,
shape or form. Everybody seemed to be having a good time, including the three camels: My compliments,
sir.
Mr. Warshaw: Thank you.
Chairman Plummer. Is the appointment — Mr. Clerk, are the appointments for the Performing Arts on for
today?
Mr. Walter Foeman (City Clerk): Yes, they're scheduled for today.
Chairman Plummer: And has there — how many appointments to be made? � , '
Mr. Foeman: There are two to be made.
Chairman Plummer: Do I have one of them?
Mr. Foeman: Well, they're two at large. Ruth Greenfield and Fred Joseph bothare — their -terms have
expired.
Chairman Plummer: Well, then, I will be lobbying for both of those because they are tremendous people.
Both of them. Tremendous people. And Waterfront Board, are those up today?
Mr. Foeman: No, they're not scheduled for today.
Chairman Plummer: Seems like I've got one, though. One of mine is vacant.
Mr. Foeman: I think you do. I can check it for you.
Chairman Plummer: Check it for me because I want to appoint Dick Bunnell to that. He was the Chairman
and he wasn't reappointed. Mr. Regalado.
Commissioner Regalado: Are we ready to withdraw any items, if we can, or not yet?
Chairman Plummer: You can withdraw from the consent without any Commission approval, if you wish.
Any other items to be deferred or withdrawn would take Commission action.
Commissioner Regalado: OK. I will wait then for Commission action.
Chairman Plummer: All right, sir. If everybody would please stand. I would ask Bishop Art Teele to give
the invocation and Commissioner Sanchez to lead us in the pledge of allegiance to the flag. Bishop Teele.
[An invocation was delivered by Mayor Carollo, who then led those present in a pledge of allegiance to
the flag. At this point, 10 a.m. the meeting officially convened.]
Chairman Plummer: For the record, this is the regular Miami City Commission meeting of January the
12th. The time is ten o'clock and the first item is A-1. Mr. Clerk, are there any items to be considered for
veto?
7 January 12, 1999
Mr. Foeman: No, there are not.
Chairman Plummer: There are none, OK. B, are there any — approving of the minutes of March the 24th.
Vice Chairman Gort: Move it.
Commissioner Sanchez: Second.
Chairman Plummer. Moved by Gort. Seconded by Sanchez All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?- Show unanimous ballot.
I. DEFER TO NEXT CITY COMMISSION MEETING CONSIDERATION OF PROPOSED
'SUSPENSION OF ELADIO ARMESTO-GARCIA FROM CODE ENFORCEMENT BOARD.
�URTHER DIRECT CITY ATTORNEY � TO PROVIDE MEMORANDUM OF LAW D
CONNECTION WITH SAME.
Chairman Plummer: Now, members of the Commission, you might look at the right to the table. Again,
CA-5 has been withdrawn. CA-15 and 16 have been withdrawn. And, through Commissioner Sanchez,
CA-28 is tabled until the afternoon. At the action of the City Attorney, Item 21 has been requested to be
deferred until the next meeting. Item 25 and 30 have been withdrawn by the administration. I will now ask
Commissioner Regalado, who indicated that he was going to request another item to be withdrawn or
deferred. . ' - - -
Commissioner Regalado: Yes.
Chairman Plummer: Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. Item 28, I do not have all the information on this case.
I would like to be deferred.
Chairman Plummer: A motion by Commissioner Regalado to defer Item 28. Is there a second?
Commissioner Teele: Second.
Chairman Plummer: It is seconded. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show unanimous ballot.
8 January 12, 1999
{
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.9914
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 28
(PROPOSED SUSPENSION OF ALTERNATE MEMBER ELADIO
ARMESTO-GARCIA FROM THE CODE ENFORCEMENT BOARD) -
TO THE NEXT CITY COMMISSION MEETING PRESENTLY
SCHEDULED FOR JANUARY 26, 1999: = -
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort :... .
Commissioner Tomas Regalado
Commissioner Joe Sanchez ; $ jp"".- „
. - - Commissioner Arthur E. Teele, Jr.:-,, s.,., .,
Chairman J.L. Plummer, Jr.
NAYS: _ __ None:
ABSENT: _ None..
Chairman Plummer: Item 28 is deferred to a time certain, at the next Commission meeting, Commissioner?
Commissioner Regalado: It depends on the City Attorneys ability to give information.
Chairman Plummer: It's up to the City Attorney that when it will be rescheduled for.
Mr. Vilarello: It should be deferred to the next meeting.
Chairman Plummer: That's fine. Then its deferred until the next meeting. Commissioner Teele, do you
have any items to be deferred or withdrawn?
Commissioner Teele: Let me inquire of Commissioner...
Commissioner Sanchez: No, no, no. There's a...
Commissioner Teele: Hold on, please. May I inquire of Commissioner Regalado? Why are you deferring
— I mean, why do you need more information on Item CA-28?
Commissioner Regalado: No, its not CA-28, Commissioner.
Chairman Plummer: Regular 28.
Commissioner Regalado: It's regular 28.
Chairman Plummer: CA-28 is being tabled by Commissioner Sanchez for the afternoon.
Commissioner Teele: Why?
Chairman Plummer: Mr. Sanchez, would you like to re...
Commissioner Teele: OK. If you — no, no, no. If he wants to do it, that's his item. I have no problem with
that. And Item 28.
Commissioner Regalado: Twenty-eight.
9 January 12, 1999
Chairman Plummer: Item 28 is by Commissioner Regalado.
Commissioner Regalado: Twenty-eight on the regular agenda, Commissioner.
Chairman Plummer: Twenty-eight is being picked on by all the Commissioners today.
Commissioner Teeter And that item is being... _.
Chairman Plummer. Withdrawn until the next — deferred until the next meeting, at the request of
Commissioner Regalado. _
Commissioner Teele: Yeah, but I would ask that the City Attorney be instructed to provide us with a legal
memorandum of law. -
Commissioner Regalado: Right, that's why.
Chairman Plummer- Mr. City Attorney, you understand the request?
Commissioner Regalado: That is why, Commissioner.
Mr. Vilarello: Certainly:
Chairman Plummer: It's so ordered. You have anything further, Mr. Teele?
Commissioner Teele: No.
Chairman Plummer: Mr. Sanchez, anything else to be deferred or withdrawn? '
Commissioner Sanchez: No, sir.
Chairman Plummer: Mr. Gort?
Vice Chairman Gort: No.
4. DEFER CONSIDERATION OF AGENDA ITEM 21 (TERMINATE DEVELOPMENT RIGHTS OF
LIBERTY HOUSING ASSOCIATES AS DEVELOPERS OF NORTHWESTERN ESTATES
PROJECT) — SEE LABEL 32 — DEFER / TABLE TO LATER IN MEETING CONSIDERATION OF
AGENDA ITEMS CA10 (ACCEPT BRICKELL WEST PLAT); CAI] (ACCEPT RITZ CARLTON
PLAT); CAI (AUTHORIZE LETTER OF INTENT WITH YMCA OF GREATER MIAMI FOR USE
OF VIRRICK GYM); CAI 6 (AUTHORIZE LETTER OF INTENT WITH SHAKE -A -LEG OF MIAMI
FOR USE OF VIRRICK GYM); CA28 (ACCEPT DONATION FROM SURPLUS FUNDS IN
COMMISSIONER JOE SANCHEZ' CAMPAIGN ACCOUNT — SEE LABEL 14) — FURTHER
WITHDRAW AGENDA ITEMS CA15 AND CA16 (LETTER OF INTENT WITH YMCA OF
GREATER MIAMI AND SHAKE -A -LEG OF MIAMI FOR. USE OF VIRRICK GYM) -AND
REGULAR ITEMS 25 AND 30 — SEE LABEL 5
Chairman Plummer: All right. We'll now go to the Consent Agenda Is there anyone here wishing to.-.. - '
Commissioner Teele: Are you going to carry the motion on that, on what we've just done? • -
Chairman Plummer: Oh, OK. A motion to defer 21; to withdraw 25 and 30, and deferring on 21 and 28.
Moved by Gort. Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
10 January 12, 1999
r. Y.•.�i «-.._ ;._ _ _ - OFF'.-.-�. -•:.
Chairman Plummer: Opposition? Show unanimous ballot.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.99-2
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 21;
FURTHER TEMPORARILY DEFERRING (TABLING) AGENDA
ITEMS CA-10 AND 11, CA-15, CA-16, CA-28 TO LATER IN THE
COMMISSION MEETING ON THIS SAME DAY; FURTHER
WITHDRAWING AGENDA ITEMS CA-15, CA-16, ALONG WITH
REGULAR ITEMS 25 AND 30.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
i. CONSENT AGENDA ITEMS — DIRECT CITY MANAGER TO PROVIDE MORE BACK UP
DATA FOR CONSENT AGENDA ITEMS.
Chairman Plummer: OK. We're now on the Consent Agenda.
Commissioner Teele: So moved, Mr. Chair.
Chairman Plummer: Is there anyone of the public who wishes to be heard on any item of the Consent
Agenda? For the record, please, your name and mailing address and what item you're addressing.
Ms. Vicky Garcia -Toledo: Vicky Garcia -Toledo, with offices at 2500, First Union Financial Center, on
CA-10. This is to rescind a plat. It should have been part of your regular agenda today for discussion. We
would like to have that, if possible, taken out of the Consent Agenda and discussed later today, at your
pleasure.
Chairman Plummer: Mr. Manager, that was, I think, the same request on 10 and 11. According to the City
Attorney, who I previously asked, those matters can be — they have to be withdrawn from the Consent and
we then can, by three votes, have a discussion and approval or disapproval this afternoon. Am I correct, Mr.
City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes. The City Commission can consider it this afternoon:
Chairman Plummer: All right. Is there anyone else who wishes to speak — so, we're withdrawing Items 10
and 11, is that correct?
0
Mr. Vilarello: From the Consent Agenda.
Chairman Plummer: Mr. Clerk, 10 and 11 needs to be taken off of the Consent Agenda. -
I 1 January 12, 1999
Mr. Walter Foeman (City Clerk): Yes, I heard you.
Chairman Plummer. Mr. Regalado.
Commissioner Regalado: I just want to make sure. CA-21 has not been withdrawn, right?
Chairman Plummer: CA-21 has not been withdrawn.
Commissioner Regalado: OK. I just want to make a brief comment on CA-21. I'd like to commend the
Public Works Department and — if this thing goes through, I will tell you that many parts of the City of
Miami will be able to do a lot of great things, with the help of the state and the private sector and — Jim,
congratulations for...
Mr. Jim Kay (Director, Public Works): Thank you.
Chairman Plummer: OK.
Vice Chairman Gort: I have a question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I understand we're trying to simplify and to try to put a lot on the Consent Agenda, but
rescind is something that we voted on it. I would like to have more information on"it, like this plat.
Chairman Plummer: You want more information?
Vice Chairman Gort: I mean, we — no. We approved it before and then I would like to know why it
wasn't... -
Mr. Kay: OK. On both of those...
Vice Chairman Gort: But we're going to discuss it later this afternoon. I'm talking about for future.
Chairman Plummer: OK. Is there anyone else who wishes to discuss any item on the Consent Agenda?
Mr. City Manager, on the Martin Luther King Parade, is this a precedent or is there others that have been
sponsored in the past? For example, the question came to me this morning on the Three Kings, did the City
sponsor those in any way, shape or form? Was there any expenditures of dollars?
Mr. Donald Warshaw (City Manager): No, sir.
Chairman Plummer: None. OK. Has the cost factor of CA-25 been determined?
Mr. Raul Martinez (Assistant City Manager): Commissioner; the cost factor for CA-25 is approximately
$12,246.00.
Chairman Plummer: OK. And the recommendation, I assume, of the City Manager is that it's on the
agenda?
Mr. Warshaw: There are two items. There's the regular CA-25 and I believe there's a substitute, so...
Chairman Plummer: OK. Just for the record. That's all. All right. No one else wishing to speak on any
item in the Consent Agenda?
Commissioner Teele: Mr. Attorney, are we taking up the substitute?
Mr. Vilarello: The substitute item is not on the Consent Agenda. If you wish to consider the substitute, it
12 - January 12, 1999
§•h-'7{N't445r'
needs to be removed from the Consent Agenda and considered on the regular agenda.. The substitute item
was not distributed with the agenda package.
Commissioner Teele:. All right. Then that's what we would do. The substitute is the . one that the
management has been briefed on, right? "
Mr. Warshaw: I've got a copy of it, yes, sir.
` Chairman Plummer: All right. So, are we withdrawing then, Commissioner Teele, CA-25?
Commissioner Teele: Withdrawing CA-25...' _
Mr. Vilarello: From the Consent Agenda.
Commissioner Teele: From the Consent Agenda.
Chairman Plummer: OK. That's understood. OK. I need now a motion on the Consent Agenda.
Commissioner Teele: So moved. '
Commissioner Regalado: Second. `
Chairman Plummer. Moved by Teele. Seconded by Gort. Any discussion? Everybody understand the
motion? All in favor, say "aye." _
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER
FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION
AND/OR CLARIFICATION WILL - BE AUTOMATICLALY
DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE
NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER TEELE
AND SECONDED BY COMMISSIONER GORT, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
13 January 12, 1999
5.1 ACCEPT BID OF MAGESCO, INC — FOR PROJECT ENTITLED "DAVID T. KENNEDY PARK
SECURITY LIGHTING IMPROVEMENTS (SECOND BIDDING), B-6293- — ALLOCATE $43,350
FUNDS THEREFOR FROM PROJECT NO. 333112, AS APPROPRIATED BY THE FISCAL YEAR
1998-1999 APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCE NO. 11705. -
RESOLUTION NO.99-3
A RESOLUTION ACCEPTING THE BID OF MAGESCO, INC., IN
THE PROPOSED AMOUNT OF $38,385.00, FOR THE PROJECT
ENTITLED "DAVID T. KENNEDY PARK SECURITY LIGHTING
IMPROVEMENTS (SECOND BIDDING),- B-6293' ; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 333112, AS
APPROPRIATED BY THE � FISCAL YEAR 1998-1999
APPROPRIATIONS/CAPITAL- vIPROVEMENTS ORDINANCE NO.
11705, AS AMENDED, IN THE AMOUNT OF $38,385.00 TO COVER
THE CONTRACT COST AND $4,965.00 - TO - COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$43,350.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM FOR THE CITED PROJECT.
5.2 ACCEPT BID OF AERO COOLING SYSTEMS, INC. —'FOR PROJECT ENTITLED "COCONUT
GROVE CONVENTION CENTER HAIR CONDITIONING REPLACEMENT PROJECT, B-6309" —
ALLOCATE $283,999.11 THEREFOR FROM PROJECT NO.325006, AS APPROPRIATED -BY THE
FISCAL YEAR `98-`99 APPROPRIATIONS/CAPITAL IMPROVEMENT ORDINANCE NO: 11705.
RESOLUTION NO.99-4
A RESOLUTION ACCEPTING THE . BID OF AERO COOLING
SYSTEMS, INC., IN THE PROPOSED AMOUNT OF $267,020.00, FOR
THE PROJECT ENTITLED "COCONUT GROVE CONVENTION
CENTER AIR CONDITIONING REPLACEMENT PROJECT, B-6309";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO.325006, AS
APPROPRIATED BY THE FISCAL YEAR `98-99
APPROPRIATIONS/CAPITAL IMPROVEMENT ORDINANCE NO.
11705, AS AMENDED, IN THE AMOUNT OF $267,020.00 TO COVER
THE CONTRACT COST AND $16,979.11 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$283,999.11; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM FOR THE CITED PROJECT.
14 January 12, 1999
53 ACCEPT BID OF C.A.C. CONSTRUCTION CORP. - FOR PROJECT ENTITLED "ROBERTO
CLEMENTE PARK RENOVATIONS, B-6305" - ALLOCATE $17,533 THEREFOR FROM THE
SAFE NEIGHBORHOOD PARKS BOND PROGRAM, PROJECT NO. 331056, AS APPROPRIATED
BY ORDINANCE NO. 11705, AS AMENDED, THE FY `98-99 APPROPRIATIONS/CAPITAL
IMPROVEMENT ORDINANCE. -
RESOLUTION NO. 99-S ; - ' '-
A RESOLUTION ACCEPTING THE BID OF C.A.C. CONSTRUCTION
CORP., IN TEH PROPOSED • AMOUNT " OF $14,800, FOR THE
PROJECT ENTITLED "ROBERTO CLEMENTE PARK
RENOVATIONS, B-6305"'; ALLOCATING FUNDS THEREFOR
FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM,
PROJECT NO. 331056, AS -APPROPRIATED BY ORDINANCE NO.
11705; AS AMENDED, BY FY 198-99 APPROPRIATIONS/CAPITAL
IMPROVEMENT ORDINANCE, IN THE AMOUNT OF $14,800.00-TO
COVER THE CONTRACT COST AND $2,733.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$17,533.00; AUTHORIZING THE CITY MANAGER TO E)CECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,__
WITH SAID FIRM FOR THE CITED PROJECT.
5.4 ACCEPT BID OF STERIL-KONI, - FOR FURNISHING AND 'INSTALLATION OF -MOBILE
VEHICLE LIFTING SYSTEM AT THE FIRE GARAGE - FOR DEPARTMENT OF FIRE -RESCUE -
ALLOCATE $37,497TLTEREFOR FROM CAPITAL IMPROVEMENT - PROJECT NO. 313018,
ACCOUNT CODE NO.289401-840.
RESOLUTION NO.99-6
A RESOLUTION ACCEPTING THE BID OF STERIL-KONI FOR THE
FURNISHING AND INSTALLATION OF A MOBILE VEHICLE
LIFTING SYSTEM AT THE FIRE GARAGE, FOR THE
DEPARTMENT OF FIRE -RESCUE, AT A TOTAL COST NOT TO
EXCEED $37,497.00; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO.313018, ACCOUNT CODE
NO.289401-840.
5.5 APPROVE PROCUREMENT OF INDUSTRIAL AND COMMERCIAL EQUIPMENT AND
SUPPLIES FROM W. W. GRAINGER, INC - FOR VARIOUS CITY DEPARTMENTS -
ALLOCATE $35,000 THEREFOR FROM OPERATING BUDGETS OF USING DEPARTMENTS.
RESOLUTION NO.99-7
A RESOLUTION APPROVING THE PROCUREMENT OF
INDUSTRIAL AND COMMERCIAL EQUIPMENT AND SUPPLIES
FROM W. W. GRAINGER, INC., UNDER STATE OF FLORIDA
NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) NO.
2851185, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS
UNTIL, AUGUST 27, 1999, FOR VARIOUS CITY DEPARTMENTS, IN
AN AMOUNT NOT TO EXCEED $35,000.00; ALLOCATING FUNDS
THEREFOR FROM THE OPERATING BUDGETS OF THE USING
DEPARTMENTS.
15
January 12, 1999
5.6 AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP), SEEKING
QUALIFIED PROVIDER OF TEST CONSULTING SERVICES' FOR PROMOTIONAL
EXAMINATION PROCESSES — FOR THE CLASSIFICATION OF FIRE LIEUTENANT — FOR
DEPARTMENT OF HUMAN RESOURCES.
RESOLUTION NO.99-8
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS (RFP), SEEKING A QUALIFIED
PROVIDER OF TEST CONSULTING SERVICES FOR
PROMOTIONAL EXAMINATION PROCESSES FOR THE
CLASSIFICATION OF FIRE LIEUTENANT, - FOR THE
DEPARTMENT OF HUMAN RESOURCES; FURTHER DIRECTING
THE CITY MANAGER TO SUBMIT REC0N04ENDATIONS TO THE
CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION.
5.7 AUTHORIZE FUNDING OF "MIAMI URBAN MINISTRIES YOUTH PROGRAM", IN AN
AMOUNT NOT TO EXCEED $4,950 — ALLOCATE FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002 AND 690003.
RESOLUTION NO.99-9
A RESOLUTION AUTHORIZING THE FUNDING OF THE "MIAMI
URBAN MINISTRIES YOUTH PROGRAM", IN AN AMOUNT NOT
TO EXCEED $4,950.00; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001,
690002 AND 690003, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING" AND FLRIDA STATUTE, SECTION
932.7055, AS AMENDED.
5.8 AUTHORIZE FUNDING OF THE LAW ENFORCEMENT TRAINING TRUST FUND, IN AN
AMOUNT NOT TO EXCEED $100,000 — ALLOCATE FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003.
RESOLUTION NO. 99-10
A RESOLUTION AUTHORIZING THE FUNDING OF THE LAW
ENFORCEMENT TRAINING TRUST FUND, IN AN AMOUNT NOT
TO EXCEED $100,000; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001,
690002, AND 690003, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING" AND FLORIDA STATUTE, SECTION
932.7055, AS AMENDED.
16 January 12, 1999
5.9 ACCEPT PLAT ENTITLED LINDSLEY SUBDIVISION.
RESOLUTION NO.99-11
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED LINDSLEY SUBDMSION, A SUBDIVISION IN THE
CITY OF MIAMI, FLORIDA, SUBJECT TO ALL OF THE
CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN - THE PUBLIC RECORDS OF
MIAMI-DADS COUNTY, FLORIDA.
5.10 AUTHORIZE CITY MANAGER TO AMEND, TO EXISTING LEASE AGREEMENT WITH
GOLDEN SANDS ALLAPATTAH CORPORATION ("GOLDEN SANDS') — FOR LEASE OF 2,856
ADDITIONAL SQUARE FEET OF OFFICE SPACE AT. THE NATIONSBANK BUILDINQ 1313
N.W. 36 STREET, MIAMI, FLORIDA — TO BE USED AS SATELLITE -OFFICE FOR EXPANDED
HOUSING DMSION SERVICES, AT A GROSS RATE OF $13.00 PER SQUARE FOOT —
ALLOCATE FUNDS THEREFOR FROM U.S. HOUSING AND URBAN DEVELOPMENT GRANT
FUNDS.
RESOLUTION NO.99-12
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE LEASE AGREEMENT WITH GOLDEN SANDS
ALLAPATTAH CORPORATION ("GOLDEN SANDS"), FOR THE
LEASE OF 2,856 ADDITIONAL SQUARE FEET OF OFFICE SPACE
AT THE NATIONSBANK BUILDING, 1313 N.W. 36 STREET, MIAMI,
FLORIDA, TO BE USED AS A SATELLITE OFFICE FOR
EXPANDED HOUSING DIVISION SERVICES, AT A GROSS RATE
OF $13.00 PER SQUARE FOOT, WITH OTHER TERMS AND
CONDITIONS AS SET FORTH IN THE LEASE AND AMENDMENT
THERETO; ALLOCATING FUNDS THEREFOR FROM U.S.
HOUSING AND URBAN DEVELOPMENT GRANT FUNDS.
17 January 12,1999
5.11 AUTHORIZE CITY MANAGER TO ENGAGE THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT (FDLE) - FOR PURPOSES OF: 1) CONDUCTING BACKGROUND
INVESTIGATIONS ON INDIVIDUALS PARTICIPATING IN JOB TRAINING PROGRAMS FOR
POSSIBLE EMPLOYMENT WITH THE CITY OF MIAMI, UNDER THE MIAMI-DADE/MONROE
COUNTY WAGES COALITION AND, 2) CONDUCTING BACKGROUND INVESTIGATIONS ON
INDIVIDUALS, OFFICERS AND OWNERS OF COMPANIES REQUESTING LOANS FROM THE
CITY OF MIAMI - ALLOCATE $25,000, FROM 2e YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ADMINISTRATIVE FUNDS, PROJECT NO.799302-452423.
RESOLUTION NO.99-13
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENGAGE THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT (FDLE) FOR THE
PURPOSES OF: 1) - CONDUCTING ' ' BACKGROUND
INVESTIGATIONS ON INDIVIDUALS PARTICIPATING IN JOB
TRAINING PROGRAMS FOR POSSIBLE EMPLOYMENT WITH THE
CITY OF MIAMI, UNDER THE MIAMI-DADE/MONROE COUNTY
WAGES COALITION AND, 2) CONDUCTING BACKGROUND -
INVESTIGATIONS AND CREDIT CHECKS ON INDIVIDUALS,
OFFICERS AND OWNERS OF COMPANIES REQUESTING LOANS
FROM THE CITY OF MIANII; ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $25,000, FROM 24TH YEAR
COMMUNITY DEVELOPMENT BLOCK. GRANT
ADMINISTRATIVE FUNDS, PROJECT NO.799302-452423.
5.12 AUTHORIZE USE OF PORTION OF WATSON ISLAND, BY NATIONAL MARINE
MANUFACTURERS ASSOCIATION, INC. ("NMMA") - FOR PARKING SPACE IN CONNECTION
WITH THE 1999 INTERNATIONAL BOAT SHOW TO BE HELD FEBRUARY 11-17, 1999, AT THE
MIAMI BEACH MARINA - SUBJECT TO NMMA OBTAINING A CLASS I SPECIAL PERMIT;
ESTABLISHING A SPECIAL FEE IN THE AMOUNT OF $26,000 PLUS APPLICABLE TAXES.
RESOLUTION NO.99-14
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
USE OF A PORTION OF WATSON ISLAND DEPICTED IN EXHIBIT
"A", ATTACHED HERETO AND MADE A PART HEREOF, BY
NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC.
("NMMA"), FOR PARKING SPACE IN CONNECTION WITH THE
1999 INTERNATIONAL BOAT SHOW TO BE HELD FEBRUARY 1I-
17, 1999, AT THE MIAMI BEACH MARINA; SUBJECT TO NMMA
OBTAINING A CLASS I SPECIAL PERMIT; ESTABLISHING A
SPECIAL FEE IN THE AMOUNT OF $26,000 PLUS APPLICABLE
TAXES FOR SAID USE OF THAT PORTION OF WATSON ISLAND;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PARKS AND RECREATION TO ISSUE A PARK
PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM.
18 January 12, 1999
Fail Y9LTt'Jk/1�1!L.Ri`2+[r.�.4.inv...�r...r.�w, _.��-•lbhr:..r�;v"Y�-^L'Y:�..a'.......�... -, .- -_ - - - ~_ .. _. � - ..... ,. a.Y`-'{�kf� -
5.13 ACCEPT DONATION OF APPROXIMATELY 1,178 TOYS FROM DR. EMMANUEL;
NWADIKE OF PAWA COMPLEX INTERNATIONAL, INC. — FOR DISTRIBUTION TO CHILDREN
ATTENDING THE PARKS AND RECREATION DEPARTMENT'S ANNUAL "SNOW IN THE
SUNSHINE" EVENT HELD AT THE SOUTH PARKING LOT OF THE ORANGE BOWL STADIUM,
DECEMBER 19,1998.
RESOLUTION NO: 99-15
A RESOLUTION ACCEPTING A DONATION OF APPROXIMATELY
1,178 TOYS ESTIMATED TO BE VALUED AT $2,110.00, FROM DR.
EMMANUEL NWADIKE OF PAWA COMLEX INTERNATIONAL,
INC., -FOR DISTRIBUTION TO CHILDREN ATTENDING THE
PARKS AND RECREATION DEPARTMENT'S ANNUAL "SNOW IN
THE SUNSHINE" EVENT HELD AT THE SOUTH PARKING LOT OF
THE ORANGE BOWL STADIUM, DECEMBER 19,1998.
5.14 ACCEPT DONATION OF FOOD VALUED - AT APPROXIMATELY $1,700, FROM
MCDONALD'S CORPORATION -- SERVED TO ATTENDEES -'AT THE PARKS AND
RECREATION DEPARTMENT'S ANNUAL "SNOW IN THE SUNSHINE" EVENT HELD AT THE
SOUTH PARKING LOT OF THE ORANGE BOWL STADIUM, DECEMBER 19,1998.
RESOLUTION NO. 99-16 '
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION OF FOOD VALUED AT APPROXIMATELY $1,700.00,
FROM MCDONALD'S CORPORATION, SERVED TO ATTENDEES
AT THE PARKS AND RECREATION DEPARTMENT'S ANNUAL
"SNOW IN THE SUNSHINE" EVENT HELD AT THE SOUTH
PARKING LOT OF THE ORANGE BOWL STADIUM, DECEMBER
19, 1998.
5.15 ACCEPT DONATION OF FURNITURE, FROM THE U.S. DEPARTMENT OF STATE, MIAMI
PASSPORT AGENCY, — FOR USE BY THE CITY OF MIAMI PASSPORT ACCEPTANCE
FACILITY LOCATED AT THE COCONUT GROVE EXHIBITION CENTER, 2700 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA.
RESOLUTION NO.99-17
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION OF FURNITURE, WITH AN ESTIMATED VALUE OF
$80.00, FROM THE U.S. DEPARTMENT OF STATE, MIAMI
PASSPORT AGENCY, FOR USE BY THE CITY OF MIAMI
PASSPORT ACCEPTANCE FACILITY LOCATED AT THE
COCONUT GROVE EXHIBITION CENTER, 2700 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT
SAID DONATION.
19 January 12, 1999
5.16 AUTHORIZE CITY MANAGER TO APPLY FOR HIGHWAY BEAUTIFICATION GRANT
FROM THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION — FOR PURPOSE OF
SEEKING UP TO FIFTY PERCENT STATE FUNDING FOR LANDSCAPING A PORTION OF
CORAL WAY, STATE ROAD NO., 972, AT APPROXIMATELY S.W. 34TH AVENUE, MIAMI,
FLORIDA.
RESOLUTION NO.99-18
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY
FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE STATE
OF FLORIDA, DEPARTMENT OF TRANSPORATION FOR THE
PURPOSE OF SEEKING UP TO FIFTY PERCENT STATE FUNDING
FOR LANDSCAPING A PORTION OF CORAL WAY, STATE ROAD
NO. 972, AT APPROXIMATELY S.W. 34TH AVNNUE, MIAMI,
FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE.
5.17 AUTHORIZE CITY MANAGER TO EXECUTE DISASTER RELIEF FUNDING AGREEMENT
("AGREEMENT"), WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS
— FOR PURPOSE OF ACCEPTING GRANT FUNDS FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA), THROUGH THE STATE . OF FLORIDA, FOR
REIMBURSEMENT OF EMERGENCY RELIEF EXPENSES INCURRED BY THE CITY OF MIAMI'
DURING AND IN THE AFTERMATH OF HURRICANE GEORGES.
RESOLUTION NO.99-19
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A DISASTER RELIEF FUNDING
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE PURPOSE
OF ACCEPTING GRANT FUNDS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA), THROUGH
THE STATE OF FLORIDA, FOR REIMBURSEMENT OF
EMERGENCY RELIEF EXPENSES INCURRED BY THE CITY OF
MIAMI DURING AND IN THE AFTERMATH OF HURRICANE
GEORGES; FURTHER AUTHORIZING THE CITY MANAGER TO
SUBMIT HURRICANE RELATED CLAIMS TO FEMA AND TO
ACCEPT PAYMENTS FOR SAME THROUGH.
20 January 12, 1999
5.18 AUTHORIZE, OPERATION OF FLEA MARKET BY C.C.A.L. CORPORATION AS
TEMPORARY SPECIAL EVENTS, •AT 1480 NORTHWEST NORTH RIVER DRIVE, MIAMI,
FLORIDA (MAHI SHRINE.PROPERTY).. - • .
RESOLUTION NO.99-20 -
_ A RESOLUTION, - _ WITH CONDITIONS, • RELATING TO
TEMPORARY SPECIAL EVENTS, AUTHORIZING FOR A PERIOD
OF TIME NOT TO EXCEED FOUR (4) CONSECUTIVE WEEKS, THE
OPERATION OF A FLEAMARKET BY C.C.A.L.-CORPORATION AS
TEMPORARY SPECIAL EVENTS, AT 1480 NORTHWEST NORTH
RIVER DRIVE, MIAMI, FLORIDA (MAHI SHRINE PROPERTY);
SAID AUTHORIZATION- CONTINGENT UPON THE ORGANIZER
PROHIBITING THE SALE - OR PREPARATION --OF . ANY' FISH "
PRODUCT AT EACH EVENT. r
5.19 AUTHORIZE FUNDING OF _ THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL, —
ALLOCATE $35,000 THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NUMBERS 690001, 690002, AND 690003.
RESOLUTION NO.99-2.1
A RESOLUTION AUTHORIZING THE FUNDING OF THE DADS- � - ` `
MIAMI CRIMINAL JUSTICE COUNCIL, IN AN AMOUNT NOT TO--
EXCEED $35,000.00; ALLOCATING FUNDS THEREFOR FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001,
690002, AND 690003, SUCH EXPENDITURES HAVING -BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATUTE, SECTION 932.7055, AS AMENDED, AND THE
U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING."
5.20 APPROVE APPLICATION BY GOURMET WINE CLUB, INC — FOR FOUR -DAY STATE
LIQUOR PERMIT — TO ALLOW MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS
LICENSED UNDER THE STATE BEVERAGE LAW, TO DISPLAY AND ALLOW CONSUMPTION
OF SUCH BEVERAGES ON THE PREMISES OF THE COCONUT -GROVE CONVENTION
CENTER, MIAMI, FLORIDA, DURING THE PERIOD OF JANUARY 21-24, 1999.
RESOLUTION NO.99-22
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE APPLICATION BY GOURMET WINE CLUB, INC., FOR A
FOUR -DAY STATE LIQUOR PERMIT TO ALLOW
MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS LICENSED
UNDER THE STATE BEVERAGE LAW, TO DISPLAY AND ALLOW
CONSUMPTION OF SUCH BEVERAGES ON THE PREMISES OF
THE COCONUT GROVE CONVENTION CENTER, M1AMI,
FLORIDA, DURING THE PERIOD OF JANUARY 21-24, 1999, SUCH
APPROVAL BEING A STATUTORY REQUISITE PRIOR TO THE
STATE'S ISSUANCE O SAID PERMIT.
21 January 12, 1999
5.21 AUTHORIZE CAP ON USER FEES OF $12,500 FOR "CARNAVAL NIGHT" CONCERT TO BE
HELD MARCH 6, 1999, AT THE ORANGE BOWL STADIUM AND PRESENTED BY THE
KIWANIS CLUB OF LITTLE HAVANA.
RESOLUTION NO.99-23
A RESOLUTION, RELATING TO THE "CARNAVAL NIGHT"
CONCERT TO BE HELD MARCH 6, 1999, AT THE ORANGE BOWL
STADIUM AND PRESENTED BY THE KIWANIS CLUB OF LITTLE
HAVANA; AUTHORIZING A CAP ON THE USER FEE IN THE
AMOUNT OF $12,500 FOR SAID EVENT; SAID AUTHORIZATION
CONDITIONED UPON: THE ORGANIZERS PAYING FOR ALL
OTHER NECESSARY COSTS OF CITY SERVICES AND:
APPLICABLE FEES ASSOCIATED WITH SAID EVENT;
OBTAINING INSURANCE TO PROTECT THE :CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; AND COMPLYING WITH ALL CONDITIONS -AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; FURTHER CONDITIONED UPON
THE CITY OF NIIAMI RECIEVING A TICKET SURCHARGE ON
EACH PAID ADMISSION, AS MORE SPECIFICALLY SET FORTH IN
THE ATTACHED • AGREEMENT; AND - RETAINING'. ALL
REVENUES DERIVED FROM FOOD, BEVERAGE, AND PARKING
CONCESSIONS; AUTHORIZING THE - CITY MANAGER TO
EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE LITTLE HAVANA KIWANIS CLUB
FOR THE HEREINABOVE PURPOSE.
6. APPROVE TEMPORARILY RESTRICTING VEHICULAR ACCESS TO S.W. 2 COURT AT ITS
INTERSECTION WITH S.W. 18 ROAD AND I-95, DURING REPLATTING PROCESS.
Chairman Plummer: We're now on regular agenda Item Number 2. This is temporarily restricting vehicular
access on 2nd — Southwest 2nd Court and 18th Road. Mr. Kay.
Mr. James Kay (Director, Public Works): Sir, the — for this item, Number 2, the owner is in the process of
replatting that site and desires, at this time, to go ahead and close this very short roadway to vehicular access
at this time to prevent illegal dumping and other activities.
Chairman Plummer: Is the owner is assuming that he wants to purchase it eventually.
Mr. Kay: Well, he will be closing the street — vacating it and closing it eventually, yes, sir. At that time, he
would...
Chairman Plummer: Well, he doesn't have the right to close it, does he? I mean, is he going to take it into
his ownership?
Mr. Kay: Not as yet, no.
Chairman Plummer: But he hopes to do...
Mr. Kay: This is just vehicular — restriction of vehicular access.
Chairman Plummer: OK.
Mr. Kay: It's still public right-of-way after...
22
Chairman Plummer: And. for how long a period time is this to be?
Mr. Kay: We're giving him one year in order to plat.
Chairman Plummer. One year. OK. But remember, if you think you're going to bring this into the
ownership of your name, the City owns the property and will expect renumeration for any of that.
Vice Chairman Gort: Move it.
Chairman Plummer: Motion on Item 2 by Gort. Seconded by Sanchez. It is a resolution. All in favor, say
11aye.11
The Commission (Collectively): Aye.
Chairman Plummer. All opposed? Show unanimous. ,
The following resolution was introduced by Commissioner Goa, who moved its adoption:
RESOLUTION NO. 99-24
A RESOLUTION TO TEMPORARILY RESTRICT VEHICULAR
ACCESS TO S.W. 2 COURT AT ITS -INTERSECTION WITH S.W. 18
ROAD IN THE CITY OF MIAMI, FLORIDA, SUBJECT. TO THE
PROVISIONS CONTAINED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
7. APPROVE UNIFIED DEVELOPMENT PROJECT TO DEVELOP COCONUT GROVE
CONVENTION CENTER SITE, LOCATED AT 2700 SOUTH BAYSHORE DRIVE, AND THE
ADJACENT PARKING AREA AT THE NORTHEAST CORNER OF BAYSHORE DRIVE —
AUTHORIZE CITY MANAGER TO PREPARE REQUEST FOR PROPOSALS ("RFP") FOR SAID
UDP TO SOLICIT SERVICES FROM THE PRIVATE SECTOR TO INCLUDE PLANNING AND
DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF IMPROVEMENTS TO
PROPERTY.
Chairman Plummer. A resolution on 2700 South Bayshore Drive for UDP (Urban Development Project),
which is the Dinner Key Auditorium.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
23 January 12, 1999
Commissioner Regalado: I thank the administration because I was briefed last night on this item and I think
its a good project. However, as I explained to Dena, I think that I would like to save the administration time
and effort and eliminate from this resolution the words "film, media, recording facilities." Instead of that, 1
will include "communications." The reason — and I don't want to keep this Commission meeting very long
— I have done some research on the film and media industry and I believe that a convention center and not a
film, a media, recording studio will be the best thing for our convention center so...
Chairman Plummer. No problem.
Vice Chairman Gort: OK.
Chairman Plummer: All right. You understand, Dena? _
Ms. Dena Bianchino (Assistant City Manager): Yes, sir.
Chairman Plummer. OK. Moved... '
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez. -
Commissioner Sanchez: If I just may add. The only thing that I ask the City is that we will not settle for
second class development. I think it should be topnotch development. That is the City's prime -waterfront
property. If we're going to go all out, let us build something there that people from Seattle, Canada, all over
the world want to visit our City to see. So, I suggest that we build and put the best thing we can on that
property, OK?
Chairman Plummer: OK. This is nothing more than going out to see if there's any interested parties. It
would come back to this Commission and this Commission would, at all times, retain full control as to
whether or not it would be proceeding.
Mr. Donald Warshaw (City Manager): That's correct. -
Commissioner Regalado: Right. But just for the record, the words "film, media, recording facilities" have
been substituted by "communications."
Chairman Plummer: It is deleted. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
Mr. Walter Foeman (City Clerk): I need a — excuse me, Mr. Chairman. I need a movant and a seconder.
Vice Chairman Plummer: It was moved by Gort. Seconded by Regalado.
24 January 12, 1999
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 99-25 .
A RESOLUTION OF THE MIAMI CITY COMMISSION -
DETERMIIQNG THAT THE MOST ADVANTAGEOUS METHOD
TO DEVELOP CERTAIN IMPROVEMENTS ON APPROXIMATELY
16.5 ACRES OF CITY -OWNED PROPERTY KNOWN AS THE
COCONUT GROVE CONVENTION CENTER SITE; LOCATED AT -
2700 SOUTH BAYSHORE DRIVE, AND THE ADJACENT
PARKING AREA AT THE NORTHEAST CORNER OF BAYSHORE
DRIVE AND PAN AMERICAN DRIVE, MIAMI, FLORIDA, IS AS A
UNIFIED DEVELOPMENT PROJECT ("UDP"); AUTHORIZING
THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR
PROPOSALS ("RFP") FOR SAID UDP -TO SOLICIT SERVICES
FROM THE PRIVATE SECTOR TO INCLUDE PLANNING AND
DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF
IMPROVEMENTS TO INCLUDE SOME OR PART OF THE
FOLLOWING, WITHOUT LIMITATION:- RECREATIONAL,
ENTERTAINMENT, CULTURAL, EDUCATIONAL AND/OR
COMMUNICATIONS FACILITIES; MARINE FACILITIES;,
CONVENTION AND CONFERENCE FACILITIES FOR HOTEL;
RESIDENTIAL, RETAIL, OFFICE, • PUBLIC PARKING, AND
ANCILLARY AND SUPPORT FACILTIES. --
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
8. PERSONAL APPEARANCE: MS. ADRIENNE FRIESNER PARDO — GRANT REQUEST FOR
USE OF PROPERTY FOR PARKING OF RESERVED CARS FOR DIGNITARIES FOR THE SUPER
BOWL AND OTHER NFL (NATIONAL FOOTBALL LEAGUE) AFFILIATED EVENTS. —Miami
One Centre
Chairman Plummer: Adrienne Fishner Pardo. How close am I?
Commissioner Sanchez: Be gentle with her.
Chairman Plummer: Yeah, she's — yes. Is it twins again?
Ms. Adrienne Pardo: No, just one this time.
Chairman Plummer: OK.
Ms. Pardo: One big boy.
25 January 12, 1999
Chairman Plummer: OK.
Ms. Pardo: My name's Adrienne Pardo. On behalf of...
Chairman Plummer.. This is Item 4:
Ms. Pardo: On behalf of my client, Miami One Center Limited. Partnership, we're requesting Commission
approval for the extension'of a special event. Section 906.9(c) of the Zoning Ordinance requires that we get
City Commission approval for a special event if we're requesting that it exceed more than four weeks. The
property is located adjacent to .the Intercontinental ' Hotel on the Miami River. The property's identified
here. It's just the Intercontinental, to its north... ' .
Chairman Plummer. Has the City. Manager gone through this item? - -
Ms. Dena Bianchino (Assistant City Manager): -Yes, sir.
Chairman Plummer. Are you in favor?
Ms. Bianchino: Yes, sir.
Chairman Plummer: Is there a motion? Moved by Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by, Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Now, you can send bills for 18 Super Bowl tickets and well be very happy.
26 January 12, 1999
..y ia-^.Y1L" "1J!"-r-'�.tw="'b'wa'(��._➢,-- :�^„^l. _x1'.. s.i.. - ... .. ... = _ _ - -_.—_ -_ _ - .._.e .-. _mow. -.. •
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.99-26
A RESOLUTION OF THE MIAIVII CITY COMMISSION, WITH
CONDITIONS, RELATING TO TEMPORARY SPECIAL EVENTS,
AUTHORIZING FOR A PERIOD OF TWO TIMES, NOT TO
EXCEED TWO (2) CONSECUTIVE WEEKS - FROM JANUARY 2,
THROUGH FEBRUARY 10, 1999, THE OPERATION OF
TEMPORARY PARKING AND THE PLACEMENT OF A SECURITY
TRAILER AS TEMPORARY SPECIAL EVENTS BY MIAMI ONE
CENTRE LIMITED PARTNERSHIP ON A VACANT PARCEL OF
PROPERTY BOUNDED BY THE INTERCONTINENTAL HOTEL
ON THE NORTH, THE MIAMI RIVER ON THE SOUTH, BISCAYNE .
BAY ON THE EAST AND BISCAYNE BOULEVARD ON THE
WEST, IN CONNECTION WITH -THE UPCOMING NATIONAL
FOOTBALL LEAGUE ("NFL") SUPER BOWL AND AFFILIATED
EVENTS.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
9. PERSONAL APPEARANCE: REPRESENTATIVES) FROM BUENA VISTA EAST HISTORIC
DISTRICT NEIGHBORHOOD ASSOCIATION, TO REQUEST MORATORIUM OF CODE
ENFORCEMENT IN AREA — APPROVE DEVELOPMENT OF EDUCATIONAL PROGRAM
WORKSHOP — FURTHER OFFERING TECHNICAL ASSISTANCE TO NEIGHBORS THROUGH
NEIGHBORHOOD OFFICE AND COMMUNITY DEVELOPMENT.
Chairman Plummer: Item 5, Buena Vista East Historic District. Are the representatives here? Are the —
hello?
Vice Chairman Gort: Hello?
Chairman Plummer: Calling collect.
Mr. James Keane: Good morning, Commissioners.
Chairman Plummer: Are you part of that group?
Mr. Keane: I'm Buena Vista — I'm a resident of Buena Vista East.
Chairman Plummer: Well, pull the microphone up and tell us who you are and your mailing address.
Mr. Keane: This man is representing the Buena Vista Neighborhood Association.
Commissioner Teele: Mr. Chairman?
27 January 12, 1999
Mr. Keane:. I'm representing the Homeowner's Association.
Chairman Plummer: Mr. Teele.
Commissioner Teele: In fairness.
Chairman Plummer: Mr. Teele.
Commissioner Teele: In fairness.
Mr. Keane: I'm not the person on the agenda.
Commissioner Teele: This is not — Mr. Keane is a very distinguished citizen but he's not the person on the
agenda, and the gentleman should be afforded the opportunity to state his case. -
Chairman Plummer: All right. Sir, you are?
Mr. Luis Penelas: Yes, sir.
Chairman Plummer: Am I to assume you're in opposition?
Mr. Keane: 1 am in opposition, along with these eight people.
Chairman Plummer. Oh, OK. All right. Well, rm sorry. I didn't understand it that way. I thought you
were all in concert together here.
Mr. Penelas: No, sir.
Mr. Keane: Unfortunately, that's not the case.
Chairman Plummer: All right, sir. For the record, please give us your name and mailing address?
Mr. Luis Penelas: My name is Luis Penelas. I live at 133 Northeast 47th Street. rm- the co-chair of the
Buena Vista East Neighborhood Association. I represent — we represent the large majority of residents of
the Buena Vista East Historic District. We've come here today because we want to let the Commission
know how we feel the present course of code enforcement is affecting our neighborhood. After many years
of virtually no code enforcement, we feel that the City is trying to correct the situation overnight.
Chairman Plummer: Not yet.
Mr. Penelas: Buena Vista is one of our City's treasures. It is where many of Miami's founding fathers chose
to make home. We are on the rebound. People are lovingly trying to preserve Miami's heritage after years
of abuse and neglect. Please help us nurture, not stifle, this process. We're proactive. We ask for a
moratorium in our petition but what we really need is just a break. We don't understand why people are
being cited for things that even the City cannot prove, just because somebody points a finger at them. We
don't understand why people are being cited for having the wrong garage door when, across the street from
my house, there is an empty building that's being used as a public restroom and crack house and this City
can't even get it boarded up. Where are our priorities? We're stopping the process dead in its tracks. People
who used to convince their friends and family to move into Buena Vista are now discouraging their friends
and contemplating moving out themselves. We need to educate our community. The code enforcement
officers should first be passing out pamphlets on code enforcement and the special ramifications that
historic designations signify, instead of handing out citations. We need to form a partnership with the City.
Together, let's identify the problems, prioritize them, and take the proper steps to resolve them. The City's
present course of action is ripping our community apart along racial lines. When it is this very cultural
diversity that has enhanced our community in the past, now it is dividing it. Please, help us out. We have
28 January 12, 1999
one more member of our organization that would like to speak.
Chairman Plummer. No. Do I understand you correctly, sir, that you're asking this City Commission not to
enforce the rules of the City? Is that what you're asking of us? -
Mr. Penelas: No, sir, that is not what I'm asking. I'm asking you to enforce the rules in a compassionate
manner, looking forward to tomorrow and not just trying to attack people for petty things.
Chairman Plummer: What you're asking then is a moratorium, giving them a period of time to comply?
Mr. Penelas: rm asking for a period of time so that we can identify the problems, prioritize them in our
community, and that we have the time to educate a community, -who's not aware of regular code
enforcement, much less what ramifications historic designation mean to them.
Chairman Plummer: OK. And there's another organization up therein that area that wishes to be heard? .
Mr. Keane: That would beme, Commissioner Plummer.
Mr. Penelas: That is not part of my presentation.
Chairman Plummer: No, I understand.
Mr. Penelas: I do have somebody else on our organization. We represent the majority of residents.
Chairman Plummer: OK. =
Mr. Penelas: And I would like her to be heard also.
Chairman Plummer: OK. This lady would like to speak?
Mr. Penelas: Yes, please.
Chairman Plummer: That'11 be fine. Ma'am, for the record, if you'll give us your name and mailing address,
please.
Ms. Jane M. Herrera: Yes. Good morning.
Chairman Plummer: Good morning.
Ms. Herrera: My name is Jane M. Herrera. I'm living at 95 Northeast 47th Street. I am the parliamentarian'
of Buena Vista East Association Neighborhood. I've lived in this neighborhood from 1971. I've seen the bad
sides and the good sides. When I moved in, the neighbor was beautiful. That's why I bought in the
neighborhood. Now, it was a warm and friendly neighborhood. Through the years, we have worked
together. We cared for each other's feelings. We had a Community Relations in our neighborhood. It
makes me sad to know that certain people are targeted to sell their homes or walk away from their homes
because they're told to get out. You don't belong here. This is causing a racial split in our neighborhood. It
hurts me to see this happening. New people has moved in, yes. I am all for progress but not at the price that
the unfortunate people, who do not have the funds to pay to undo what the previous owner has done. Now,
the building, 174 Northeast 48th Street and Teresita Store on Northeast 2nd Avenue, those should be
targeted. The crack people is there. The stench from the building. The feces that's being in the building.
We cannot keep our windows open. And that's a big problem. Instead of targeting the poor man, who has to
have his mother or his father live in there because they do not have enough funds to pay their mortgage.
We're asking you to help us. Not to stop fining the people but to educate the people.
Chairman Plummer: Thank you, ma'am. :
29 January 12, 1999
Ms. Herrera: Thank you.
Chairman Plummer: Sir, you wish to heard?
Mr. Keane: Yes, please.
Chairman Plummer. Your name and mailing address, please.
Mr. Keane: My name is Jim Keane, 153 Northeast 44th Street. I'm here today representing the Historic
Buena Vista East Homeowner's Association. I would like to speak on behalf of our association. But, for the
record, there are eight other homeowners with me today. . • 1 � -
Chairman Plummer. You're speaking for all eight?
Mr. Keane: I'm speaking for all eight, but if we could just get them —on the record that there are...
Chairman Plummer: So, you get three — you get three minutes instead of two. .
Mr. Keane: Thank you, sir. The Historic Buena Vista East Homeowner's Association meetings are open to
all residents of the neighborhood. However, our membership is limited to homeowners. Consequently, tax
payers of the City of Miami. We have the distinction of being one of two historic districts in District 5,
Commissioner Teele's district. Our organization is strongly opposed to any reduction in code enforcement.
The City Code protects all the rights of the citizens and property owners in Miami. Any moratorium
unfairly punishes the law abiding citizens. The Buena Vista Code Enforcement problems that were
identified by Mr. Penelas were not generated by our organization; although, our organization has been
working with the City trying to keep clean up that list. It was a list prepared by the special task Trash Task
Force when the City budget crisis began. Of our problems, the largest is illegal units. And we're all aware
of the consequences of that. There are many people living in substandard conditions and being taken unfair
advantage of. This overburdens the City services. For example, trash and fire rescue. These people with
illegal units are not paying their fair share. This also increases the density of the neighborhood. In the last
six months, we've seen a significant increase in crime, specially car thefts and break-ins. Illegal units give
an unfair economic advantage to Code violators. The other item that is very prevalent in our neighborhood
is work without a permit. I acknowledge that the permit process is quite cumbersome and tedious. It took
me four attempts to get a permit for a fence, and that needs some work. However, it's important, if we're
going to maintain the integrity of the historic district, we all need to play by the same rules. People working
without a permit are altering the facade of their homes. In this area deemed historic by the City and our area
is in jeopardy of losing its integrity. The other problems are fences and encroachment and people that have
been before you today to speak also have similar problems in their area. All we ask of you is to please not
reduce the code enforcement efforts and to make it a level playing field for all. I'm also a member of the
Code Enforcement Board. I know that this board tries to work with residents that have problems by giving
them an amount of time and trying to help them correct their problem. No one from Buena Vista has
voluntarily come forward to that board saying, I have a problem. I need some time. Will you help me with
that. Thank you for your time.
Chairman Plummer. Mr. Manager, you've heard the concerns of both sides. You take the appropriate action
and report back to this Commission by memo, is what you intend to do to rectify whatever you might find
that is not proper. Mr. Regalado.
Commissioner Regalado: Mr. Chairman, I agree with the fact that the City needs code enforcement and I
commend administration for their efforts. However, I think that we have to have a balance here. I have two
cases, which I will give to the Manager in a few minutes, but just to make you aware of some of the things
that are going on. There is this family right here, very close to City Hall, in District 4, that they bought this
house about two years ago. Now, they're being brought to the Code Enforcement Board and the reason is
because the house was built in 1926 and an addition to the house was built in 1929. Now, they're being told
by inspectors that they either have to demolish this little addition in the back or else. And I was wondering
if we have the same Code standards in 1929? .- . •;, r .
30 January 12, 1999
Chairman Plummer. Probably better.
Commissioner Regalado: So, the other case — its also in District 4 — is this lady. She's retired. She lives in
Flagami. They did build — they closed a terrace about 10 years ago and now they are being told that they
need a floor plan that they ask around — and it cost eight hundred dollars ($800). They do not have the eight
hundred dollars ($800). So, they're being told that; if they don't come up with this floor plan, they will be
cited and they will be sent to the Code Enforcement, and a lien on their property. So, yes, everybody wants
to do the right thing. I mean, the people of this house, Mr. Manager, they don't know what to do. Because
they've been told that the best thing for them is to demolish what they have in the back because it's not
according to Code but, however, it was built in 1929. So, you tell me...
Mr. Donald Warshaw (City Manager): We'll take a look at that, Commissioner, and report back to you
before the... -
Commissioner Regalado: OK.
Chairman Plummer. They sound like pocket items to me. Mr. G_ort.
Vice Chairman Gort: I understand what Luis Penelas concerns are but I have -to tell you, Luis, I've worked
in that neighborhood for a long time and you have an organization that have done a lot of work for the last
five to six years trying to attract people there. I understand there's people -that cannot comply economically
but that area — and, Mr. Commissioner Teele, you correct me if I'm wrong — but my understanding is, that
area is one of the CDBG (Community Development Block Grant) target areas. My understanding is, the
City should be able to help financially for those individuals to comply with the ordinance, not only, in the
businesses. At one time we had ten thousand dollars ($10,000) for the businesses so they could comply
with Code. I understand we also have funds that could help them to paint their house or repair their house
and bring them up to Code. I think this is what we need to do. And I understand what you're staying. I
think we should give an opportunity — and our Code Enforcement — one of the biggest problems that some
of the Commissioners had with our Code Enforcement is that we give a lot of opportunity to the neighbors
to comply and to come up with Code. I think a moratorium would not really help. I think what we need to
do is get the two organizations together. Learn about the programs that we have, so those individuals that
have — they need to comply with Code but does not have the funding, that will qualify for assistance so they
can go ahead and comply. In that way, everyone will benefit from it. And — sorry, Commissioner Teele.
That's your district but I think this is a suggestion that can be done. It's your district so it's your motion.
Commissioner Teele: Well, I think — you know, its interesting again to see how this is flowing. Number
one, this is a petition before the Commission and, with all due respect to the management, this is the
Commission. Now, I want to be very clear. I don't think we have the authority to grant the request that is
before us, legally, and the City Attorney can opine. But contrary to what has been stated, the petition that is
before us reads: "We, the residents of the Buena Vista East District — Historic District respectfully request
the City of Miami Building Department suspend its present course of action regarding code violation
enforcement in order to allow the neighborhood, with the help of the City, to develop and implement a Code
Education Awareness Program." Now, that's simply the petition that's before us that's been — that these
citizens have intelligently petitioned us for, and as long as I'm a Commissioner representing the district, the
people that petition are going to be heard and they're going to be afforded the basic courtesy of getting an
answer. It may not be the answer they want but they are entitled to an answer. Now, I am not prepared to
ever sponsor a resolution to suspend code enforcement. I want to be very clear about me and the district I
represent. And this is particularly true in some of the areas, others than the historic district, where code
enforcement has just gone on too long, being not really attended to.
Chairman Plummer. That's true.
Commissioner Teele: The most important statement Mr. Penelas made, I think, was the first phrase that he
made and that is, after years of no enforcement — where are you, Mr. Penelas? Isn't that what you said, after
years of no enforcement?
31 January 12, 1999
Mr. Penelas: Yes, sir.
Commissioner Teele: We're now enforcing.
Mr. Penelas: Yes, sir.
Commissioner Teele: Now, the management is entitled to some of the criticism but in this — in your point
of view but, in my point of view, credit for doing what they have = should have been doing all along and,
that is, enforcing the code. And it's very unfair when, as the NET (Neighborhood Enhancement Team)
people have come in and found that for years there were just NET violations. I think somebody said over
300 were stacked in the drawer, never attended to. And, so, now we're having to pay for that, that is, we're
having to pay for it with the criticism. I want to be very clear, Mr. Penelas. I think that the NET, the
Manager, the Building and Zoning and NET, should go about the business of intelligently enforcing our
Code. I want to be very clear that I would be disappointed if they take your presence today and this petition
as a reason to slow down. On the other hand, what you're asking for, which is an -educational program, is
something that I think we should be able to give you and to grant to you. And I would specifically move
that the Manager be requested to develop a program, to have a workshop, if you will, and get the names of
all of the people that were here, Mr. Clerk, so that those eight people who didn't bore us by speaking today
but are here — if you all would just stand, the other eight people that are here. If you all would just give
your names to the Clerk so that, when the Manager goes out and tries to have this hearing — but I think its
important that this be lead, not only by NET and Code Enforcementbut by the Historic Preservation Office.
Because while someone is saying, well, they're giving me a citation for the wrong color garage and, you
know, I would say, well, that's crazy. The truth of the matter is, that's the -law. Because in a Historic
Homeowner Association, you have not only color requirements or restrictions, you have height restrictions.
You can't just go up and put up a fence and you can't do these things, and that's a part of the whole issue. I
think, Mr. Penelas, you're very proper in asking for and that is a Code Enforcement Program. But let's be
very clear, Mr. Penelas. This is an area where we have a lot of illegal duplexes and triplexes and
quadplexes because there was no code enforcement, and these are old homes, large homes in many cases,
that have been carved up inappropriately into duplexes and how we get back to the status quo, I think we do
need to have a sensitive approach but, clearly, we don't need to suspend the code enforcement. So, I would
simply move, if you would allow, Mr. Chairman, that the Manager be requested to develop an educational
program that includes historic preservation, as well as the code enforcement, designed for this district, and
that they would hold a workshop within the next 60 days. Is that a fair and reasonable amount of time?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Sixty days. With literature. And then the things that Mr. Gort has said, I would
incorporate, including the technical assistance and financial assistance that are available through the NET
office and through Community Development associated with historic properties.
Chairman Plummer: So ordered. Thank all of you for being here today.
Mr. Penelas: May I speak?
Vice Chairman Gort: Second for discussion.
Mr. Penelas: Another part of the petition is priorities. We would like to establish some priorities. It is also
part of the law in code enforcement that a building that's abandoned be boarded up because it is a safety
problem that's affecting all of us.
Chairman Plummer: Sir, if you'll give the addresses to Mr. Martinez, he will see that it is taken care of by
the NET inspector.
Mr. Penelas: Thank you, sir. May I have my group stand up so they can be identified also?
32 January 12, 1999
Chairman Plummer. Stand up, please. '
Mr. Penelas: OK.
Chairman Plummer. All right. ...
Mr. Penelas: This is our... - l
Commissioner Teele: Mr. Chairman, I would ask that the motion be carried. It was moved by myself.
Seconded by Commissioner Gort.
Chairman Plummer: It's — all in favor, say "aye."
The Commission (Collectively):Aye.
chairman Plummer. Opposition? Show unanimous. _. s :r-... �• -:.;
The following motion was introduced by Commissioner Teele, who moved its adoption:
- -.. .�... .+4�r a __-.. � .r .. - .. SJ's.F a:'Fi .f.t .-�, }i,it'.:/�(_-F .- •
�z .MOTION.NO.99-27:-rim-.I.:xt;
A 'MOTION TO. DEVELOP AN . EDUCATIONAL PROGRAM
WORKSHOP IN BUENA. VISTA EAST. HISTORIC DISTRICT :,i.
(INCLUDING : HISTORICAL - PRECEDENT ,c- AN =' --CODE :: � .
ENFORCEMENT INITIATIVES) WITHIN 160 DAYS;. FURTHER
STIPULATING THAT THERE BEAN INCLUSION OF TECHNICAL ;-
ASSISTANCE, FINANCIAL ASSISTANCE OFFERED THROUGH • �..> +;
OUR NEIGHBORHOOD OFFICE, AS WELL AS THE
DEPARTMENT OF COMMUNITY DEVELOPMENT.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
33 January 12, 1999
.y,� •6,E'�.i�t!9Ni1•:v= , - _.,.... -, :'Kt"''i u.�., ti = - - a;tra5:.�� -
10. PERSONAL APPEARANCE: AGUSTIN DOMINGUEZ, PRESIDENT OF THE GREATERWAMI
NEIGHBORHOODS, INC. / PASTOR VINCENT SPANN = DISCUSS / REFER TO CITY MANAGER
FOR EVALUATION PURCHASE OF PROPERTY FOR BASIC TRAINING ORGANIZATION —
DIRECT CITY MANAGER TO PREPARE PROGRESS REPORT ON DEMOLITION OF BUILDING
LOCATED AT 224 NORTHWEST 2 .STREET — DIRECT CITY MANAGER TO CONTACT
HOMELESS TRUST TO RESEARCH OTHER PROPERTIES SUITABLE FOR BASIC TRAU41NG
GROUP — CHAIRMAN PLUMMER INVITES PASTOR VINCENT SPANN TO MEET AT 1
AVENUE AND 16 STREET TO OBSERVE DRUG SALES IN AREA — SEE LABEL 63. - -
Chairman Plummer. Rabbi Shift. We always like to have religious leaders here. Are you here on an item,
sir? _
Mr. Shift: The Community Relations Board:
Chairman Plummer, All right, sir. I think that's going to be pretty quick. If it's not and you need to get out,
let me know. It's always nice to have you here. OK: Item 6. Mr. Agustin Domiriguez,'President of the
Greater Miami Neighborhoods, in reference to the Basic Training Organization!
= ' =
Ms. Dena Bianchino (Assistant City Manager): If I can get some background on this item.
Chairman Plummer. Well, wait a minute. Is the gentleman here?'
Ms. Bianchino: Yes, he's here.
Chairman Plummer: OK. Come to the microphone, please, sir.
Ms. Bianchino: At the December 8th meeting, a lengthy discussion was had about this project. We have
done, at the behest of the Commission, work on this item and I wanted to report back a few facts 'to you that
were of concern at the last meeting. One of the issues was the involvement in this project of a gentleman
who was in default on a Community Development project. We have discovered that, since that discussion,
he has been foreclosed out of the transaction and is no longer a part of it, so that issue is resolved. The
Commission had asked that we take any money that he would have gained from this transaction to pay off
his debt. He is no longer involved. The other issues that were raised were funding for the project, total
funding; how it would be rehabbed and operated, and the role of Greater Miami Neighborhoods, who was
the project manager, so to speak, for this project, and Mr. Dominguez is here today to respond to your
questions in regard to those issues.
Chairman Plummer: Mr. Dominguez, if you will, sir. Give us your name and mailing address and proceed.
Mr. Issau Agustin Dominguez: My name is Agustin Dominguez, 1460 Brickell Avenue, Miami, Florida.
Chairman Plummer: Are you serving here for a fee or pro bono?
Mr. Dominguez: I'm here represent as president of Greater Miami Neighborhoods.
Chairman Plummer: You didn't understand my question, obviously, sir. Are you herefor a fee? Are you
pro bono?
Mr. Dominguez: I'm here pro bono.
Chairman Plummer: OK. So, you'll not be required to register as a lobbyist and pay ifee.
Mr. Dominguez: Thank you. =
Chairman Plummer: Mr. City Clerk, you'll so note that for the record, please.
34 January'l2, 1999
Mr. Dominguez: rm here, Commissioner, responding to a letter from the City Manager asking me to appear
to address concerns that were raised at your December 8th meeting. I don't know how you want to proceed.
I can — I have read the transcript of that meeting. - rm ready to address those issues that mention Greater
Miami Neighborhoods in these 33 pages or I can just go ahead and let you ask direct questions and rm ready
to answer.
Chairman Plummer: Why don't you take three minutes and make a brief presentation and then well open it
up for questions by Commission.
Mr. Dominguez OK. The way I understand the issue is that, we were requested, by City resolution, to
serve as fiduciary agents to acquire a property in Overtown for the benefit of a group called Basic Training,
and that was going to be the end of our involvement. It was to buy the property, hold it. Somebody else
was supposed to do the development and then, at the obtention of the Certificate of Occupancy, we would
turn over the property and the title to Basic Training. That was the understanding we had. That's what I
took to my board of directors. That's what they approved. Subsequent to that and it's reflected in this
transcript — there is an idea that we would also be responsible for the development of the project. That is a
totally new request. If that is — if you so choose to do, and I would have to go back to my Board. of
Directors and get approval of that. That's basically my understanding of the issue.
Chairman Plummer: There was a question asked in reference to the fact, was, in fact, your organization
going to be receiving a fee for either management or, in some. way, remuneration for your involvement?
Mr. Dominguez: We were not going to receive any additional monies, other than the grant we already have
from the City of Miami to serve as fiduciary agents for the acquisition of this property.
Chairman Plummer: And all of those monies would be for the acquisition?
Mr. Dominguez: It would be for the acquisition and, I guess, holding of the property. We would have to
insure the property. We would have to secure it. Do a number of things to it.
Chairman Plummer: For the record, sir, you were not going to be, in any way, receiving a fee for your
involvement? , -
Mr. Dominguez: Not for the involvement on this particular issue, no, sir
Chairman Plummer: Well, let's don't play semantics. Is there some other fee that you were going to
receive?
Mr. Dominguez: If we would develop the property, we would expect to receive a fee.
Chairman Plummer: OK. And you put that in writing?
Mr. Dominguez: No.
Commissioner Teele: No, you're the one who put it — J.L...
Chairman Plummer: No, I'm asking...
Commissioner Teele: You're the one who made the amendment. You made the amendment instructing
them to do that. Now, what he's saying is — what he's saying is, if he were to do that, he would expect a fee.
But before we go down this...
Chairman Plummer: These were the questions that were raised at the last Commission meeting and the
exercise we were going through.
35 January 12, 1999
Commissioner Teele: No, these aren't the questions that were raised in the last meeting. What was raised in
the last meeting, J.L., Mr. Chairman, was why is Basic Training doing this and why is Greater Miami
Neighborhoods doing this, et cetera? Let me just give you a little bit of background. Greater Miami
Neighborhoods is one of about 10 organizations around the United States that is funded through a series of
foundation activities, that. has a pristine - reputation in providing technical assistance to community
development corporations, not -for -profits, and CDCs. It would be fair, Mr. Dominguez, to say that your
core business is helping other not -for -profits and other development entities in the inner city. Would that be
a fair statement? }
Mr. Dominguez: Yes, sir.
Commissioner Teele: That's the business that they're in. As the Chairman of the County Commission, I
know for a fact that they receive millions of dollars from the County, as well as large sums of monies from
cities to assist organizations like — well, the thing — the project in Overtown that did succeed, St. Johns,
weren't you all one of the technical assistants — components of that?
Mr. Dominguez: Yes, we did supervise all of the development of that project.
Commissioner Teele: They supervised all of the development for the St. Johns Apartments and that's
essentially what they do. In addition, didn't we designate you all to serve as fiduciary for the Jackie Bell
project over there or was that someone else?
Mr. Dominguez: We did that for two years.
Commissioner Teele: For two years. While there was a federal HUD (Housing and Urban Development)
audit that was adverse to her CDC, you served as fiduciary to serve sort of as the middle man. There is
nothing nefarious. There is nothing suspect in that role and that, of course, is what was being attributed by
persons here speaking, is that, why would Greater Miami Neighborhoods do this? This is something totally
we've never heard of. And the fact of the matter is, it shows the lack of depth that the City has in dealing
with this because this organization is one that was funded initially — were you all funded by list, a Ford
foundation or who?
Mr. Dominguez: We were funded by Ford at one time, by the Knight Foundation, the County and the City.
Commissioner Teele: And the Dade Community Trust. So, I just wanted — I mean, I don't really know why
you're here. I don't know why all this stuff about, are you a lobbyist for fee? The fact of the matter is,
you're not -for -profit. Those are exempted anyway. But, secondly, you're here at the request of the Mayor
and the — and yourself, Commissioner Plummer. And the Manager properly wrote them a letter, asking you
to be here. And I would hope, Mr. Attorney, that no one that we ask to be here would ever be asked to pay a
fee to come and do what they've been told to do. So, I mean, I just think we need to get this — this is
obviously something that is not too pleasant. Do we want to drag it up again? You know, be my guest. But
the fact of the matter, is that the statement by the Assistant Manager should have put the whole thing to rest
and that is, that even while the debate was going on, which she did not say — and all of the statements of the
Mayor should be corrected to reflect the facts. Even while the debate was going on, the fact of the matter is,
that this Commission — this Commissioner and the Commission and management did not have the
information, that the entire property had been foreclosed on, so all this stuff about if we had done nothing,
you would be able to buy it for a penny and this, that, and all of that kind of rhetoric is overtaken by events.
It had already been foreclosed on. None of us were there and it's still not available for pennies.
Chairman Plummer: I have two questions. Mr. Spann, is he here?
Commissioner Teele: His representative is here.
Chairman Plummer: Who represents him? How is he related here into this organization?
Mr. Barrett Coachman: I'm Reverend Barrett Coachman with the Basic Training. I'm the Associate Service
36 January 12, 1999
Director.
Chairman Plummer. Right.
Mr. Coachman: Pastor Spann is the CEO (Chief Executive Officer) and the director of Basic Training. He's
the founder.
Chairman Plummer: Aha. And is there a reason why he's not here this morning?
Mr. Coachman: He had other pending engagements, but myself...
Chairman Plummer. Because I would like to ask him whether or not he was misquoted in the Miami
Herald.
Mr. Coachman: I can...
Chairman Plummer: He is quoted in the Miami Herald as saying= referring to the Miami City Commission
— "that they are all a bunch of crooked politicians and I really don't want the City's money anymore."
Mr. Coachman: I could answer that.
Chairman Plummer: If he is the CEO, then maybe we need to accommodate him and not give him the City's
money because he said, if he's a...
Commissioner Teele: Wait a minute, J.L. This is not the City's money., -This is the people's money:
Chairman Plummer. Oh, I understand that.
Commissioner Teele: Let me tell you this. These people have been called before that statement and I resent
very much Pastor Spann's comments and I've called him and I ve been man enough to call him directly and
tell him how I feel about it, but I just as much resent the characterization that the Manager continue to call
the people street people and all of these other kinds of things. Now, you know, you get into a name calling,
J.L. At some point, you need to find out who called who what name fast.
Chairman Plummer: Art, I'm not calling any names.
Commissioner Teele: These people have been called — they are owed an apology. We're not owed an
apology for being called a bunch of crooks. Everybody calls politicians crooks, whether they be in Chicago,
New York, or whatever.
Chairman Plummer: No. Excuse me, excuse me. Mr. Teele, they're never going to call me a crook
Commissioner Teele: Well, J.L.
Chairman Plummer. One hell of an argument.
Commissioner Teele: J.L., that may be true. I, personally, believe that that statement was an inappropriate
statement...
Chairman Plummer:
Well, I also want to ask about... -
Commissioner Teele:
But I absolutely believe... i
Chairman Plummer:
... another statement.
Commissioner Teele: I absolutely believe that the Commission allowed the Manager to call the people
37 January 12, 1999
,• Y
street people, called them ingrates, called them these derogatory terms, and we cannot begin to go down that
path, J.L.
Chairman Plummer: The Manager...
Commissioner Teele: And for you to come back...
Chairman Plummer. The Manager will have to speak for himself, all right? I'm speaking for J.L. Plummer.
I am referred to as a crooked politician and he doesn't want my money?
Mr. Coachman: Well, I would like to answer that, please, sir. . .
Chairman Plummer. Let me tell you, I'm ready to grant his request Let me ask another one. Who's Mr.
Vincent? _ ... .
Mr. Coachman: That's Pastor Vincent Spann, sir.
Chairman Plummer: He also made the remarks that were a bunch of racists.
Mr. Coachman: If it please the Commission.
Chairman Plummer: It doesn't — no, nothing pleases this Commissioner right now. Because I want to tell
you something. Before I vote on this issue, that man is going to stand up here at this microphone and he is
either going to say that he was misquoted or he's going to apologize to this City Commission. Other than
that, that man is not going to get my vote, other than to accommodate him for his request, that he doesn't
want the City's money.
Mr. Coachman: If I may address that, please, sir.
Chairman Plummer: Oh, of course, you can, sir. You have every opportunity to.
Mr. Coachman: We are representatives of Basic Training and Pastor Spann.
Chairman Plummer: Sure.
Mr. Coachman: - He made that comment, yes, but since then, he has apologized to Commissioner Teele and
everyone that has questioned him. I'm going to tell you why he said that. He said that based on the
comment from the City Manager. He said that out of frustration.
Chairman Plummer: Sir, if the Manager...
Mr. Coachman: But he will be more than happy to come here and apologize to anyone that's necessary.
Chairman Plummer: Sir, he is going to do it because I'm going to ask this matter to be deferred. Now, you
know, that man, if he wants to apologize to Teele, he should because he called Teele a racist.
Commissioner Teele: J.L., I don't have any problem with anybody apologizing. I think that is always pure
and I think it helps, and the reason that Rabbi Shift is here. But I'm going to tell you something. He ain't far
from wrong. This City is racist.
Chairman Plummer: He called you one also.
Commissioner Teele: Well, absolutely, he did. And he called me a crook too. But the fact of the matter is,
if you reviewed the record that went on for two hours, the way he did...
Mr. Coachman: Amen.
38 January 12, 1999
Commissioner Teele: If you reviewed the misstatement, the mischaracterization, the dehumaning
characterization of people, you didn't object. In fact, you're the one who created this — J.L., you created the
most racist parable that I have ever seen in my life when you said, "I want them to clean it up so, when I. ride
by, it looks good." •
Chairman Plummer. Why is that a racist comment?
Commissioner Teele: J.L., because, you know what? That's exactly:..
Chairman Plummer: To clean up a piece of property that they want to acquire?
Commissioner Teele: J.L., that's exactly what the master on the plantation used to say, if you read any of
the history. You know, we don't want people to do things for our personal aggrandizement. We want
people to do things because they're right. Why would any Commissioner say, I'm not going to vote for
something until when I drive by it, they pick up the trash and it looks good for my eyes?.. -
Chairman Plummer: I didn't say that, sir.
Commissioner Teele: J.L., I have defended you.
Chairman Plummer. I said, I thought it was a good idea
Commissioner Teele: I have defended you for three weeks on this one issue, OK, and all of the intelligent .
people that are read the transcript — and this thing has gone over this City three or four or five times.
Everybody agrees that you were mischaracterized. You were mischaracterizing yourself because it was a
statement of your own desire to see the City cleaned -up.
Chairman Plummer: Absolutely.
Commissioner Teele: OK. But to create this image that people have got to go run in front of you and clean
up — I mean, you know, J.L., that's not the image that what we're talking about. The real issue here is this,
whether you agree with the characterization of Basic Training by the Manager or you're not or whether you
agree with the characterization by the head of Basic Training of the City or you don't. I certainly don't agree
with either characterization. That has nothing to do with the merits of the issue. And for you or me to say
I'm going vote against somebody because of something they said, I just don't agree, J.L. We all are
different. We all have our right to vote based upon the criteria.
Chairman Plummer: Absolutely. And, you know...
Commissioner Sanchez: Mr. Chairman, if you can...
Chairman Plummer: ... you can interpret to your own damnation. What I said was not that they had to do it.
1 thought it would be a very good idea and showing on the intent of their part for an area that you described
as an absolutely, and correctfully so, a horrible scenario...
Commissioner Teele: Horrible.
Chairman Plummer: ...that these people could go in there and help out the City by cleaning it up. I don't
think that that's racist in any way, shape or form. I think it would be a fine gesture on their part, that they are
interested in helping this City, keep it clean, and that was the only reason for my comment. As far...
Commissioner Teele: And I believe that's what you meant and I believe that's what you tried to say.
Chairman Plummer: Well, they could —people can interpret, as I said, to their own damnation. Now, as...
39 January 12, 1999
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: May I finish, please?
Commissioner Sanchez: Sure.
Chairman Plummer: Mr. Manager made comments at the last Commission meeting that I don't know
whether he was right or he was wrong. There are comments that he made that he might want to apologize
for. He might want to substantiate. But the Manager has to deal, as an individual, with any comments that
he makes, like I will in any comments that I make. Mr. Sanchez, you have the floor. -
Commissioner Sanchez: Mr. Chairman, let's just stick to the issues here, all right? Let's just stick to the
issues. Let's not get into name calling and comparing race and communities and what your community
looks like. Let's look at — all that I really care about is, one, can they run the program? Let us show that
they're going to run a good program; that the City's money's going to go to good — into something good for
the community. That's all I really care about I don't care about calling names. I don't care about who's
going to run the — I want to make sure that the City's money, if it's going to be good for the community, let's
do it. (applause). You know, we could be — we could probably be here all day, you know, with different
issues concerning, you know — let's just stick to the issues.
Chairman Plummer: Any other Commissioner wish to comment? Mr. Gort -
Vice Chairman Gort: I want to clarify something because the comments are being made here. - - This
Commission, since I've been here, has done everything possible to make sure that all the neighborhoods. will
come up to the same standards and we have put more emphasis in some other neighborhoods where the need
at, all of us in here. So, I feel that, at least, this Commissioner here has done everything possible to make
sure that all the neighborhoods get the benefits and I think what's been demonstrated in the past, and I think
it's important. I agree with Sanchez. Let's stick to the issues and let's go do it.
Chairman Plummer: Anyone else? Mr. Manager?
Mayor Carollo: If I may, Mr. Chairman.
Chairman Plummer: Mr. Mayor.
Mayor Carollo: And I do think we need to stick to the issue, and the issue is Greater Miami Neighborhoods,
Inc. Mr. Dominguez, thank you for being here today, sir.
Mr. Dominguez: OK.
Mayor Carollo: Let me begin by saying that everything that I've ever heard from your organization has been
very positive, so I'm very pleased that you are here today. I would have been more pleased, sir, if you would
have been here the last time this was discussed so that...
Mr. Dominguez: I wish I had known that this item was going to be on the agenda. Nobody ever told me
that this item was on the agenda.
Mayor Carollo: Well, you're making my point on how unusual this whole process was. This is what we're
talking about, the process of how we've gone about this. You made mention that there was a grant that you
had from the City. If you could expand on that, I'd...
Mr. Dominguez: Yes. Since 1987, we have received a yearly grant from the City of Miami, from the
CDBG funds, to provide technical assistance to community -based groups that do affordable housing within
the City and part of the — that's why I was able to say we were not going to receive any additional funding to
do this because we consider this part of what would be in that scope of service, is providing the assistance
that was requested.
40 January 12, 1999
Mayor Carollo: If I may ask, what is the amount of the grant?
Mr. Dominguez: The amount of the grant this year is ninety thousand dollars ($90,000).
Mayor Carollo: Ninety thousand dollars ($90,000). And this is from the City of Miami itself?
Mr. Dominguez: Yes.
Mayor Carollo: Not through the City, through CDBG, through the CRA-fund?
Mr. Dominguez: No, its the City directly, with CDBG funds, through the Department of Community
Development.
Mayor Carollo: OK. -My —thank you for clarifying that. My next question to you is, sir, how did you come
about in this whole process, the Greater Miami Neighborhoods, Inc., was involved in this process? Who
contacted you? Who had discussions with you? How did this all come about?
Mr. Dominguez: The first contact on this project was done by Commissioner Teele, as Chairman of the
Community Redevelopment Agency. And, then, what happened was, I came and there was a City
Commission resolution that basically specified what our role would be.
Mayor Carollo: OK. Was there any discussion at that time about any dollars or any amounts for any work
between your organization and the CRA?
Mr. Dominguez: There was a conversation about future work on behalf of the CRA but not particularly this
project. This project, we agreed from the beginning, was going to be part of our regular contract with the
City. ` -- - . .. . . . . .
Mayor Carollo: I see now. Was there ever any memorandum that you sent to the CRA (Community
Redevelopment Agency), pursuant to any conversation that you had with the Chairman or anyone else
relating to any specific amount of dollars for a scope of service that you would perform for the CRA?
Mr. Dominguez: Yes. I was asked to prepare a draft contract in the amount of seventy-five thousand
dollars ($75,000) for future work between Greater Miami Neighborhoods and the Community
Redevelopment Agency. What I did is, I took the existing contract we have with the City and changed the
appropriate terms so it would be something very similar to what City Attorneys used to seeing and
submitted that to the CRA, and we have not had a response yet.
Mayor Carollo: OK. And, if I may read this scope of service he included in that contract into the record.
Correct me if these were the scope of service or not. And I won't read all of them out. I think there were
four points. I'll read the first one. "To perform the services of Property Acquisition Agent for the CRA,
including but not limited to property identification, due diligence, negotiations with owners and acting as
owners, fiscal agents and/or trustees, as appropriate." Is that what you recollect as...
Mr. Dominguez: Yes, I do.
Mayor Carollo: ... one of the four areas that you included in that?
Mr. Dominguez: Yes.
Mayor Carollo: OK. How would that be similar or different, from the other grant that you were getting
from the City? I'm just trying to understand this.
Mr. Dominguez: In the other grants that — in the other grant that we received from the City, we basically
worked directly with community -based groups to help them in very specific projects that are identified by
41 January 12, 1999
them, and then we help them do the fmancial packaging, do the feasibility and so on and so forth. This was
at the request of the CRA and I imagine that was for some other stuff that — I have no idea what it would be
right now but...
Mayor Carollo: You don't know what it would have been at the time?
Mr. Dominguez: No.
Mayor Carollo: And that there was no discussions about this particular item or any other items?
Mr. Dominguez: No.
Mayor Carollo: Even though, by the language...
Mr. Dominguez: That's why I was left so vague.
Mayor Carollo: Yeah. By the language that Ne described here, that you included. It could possibly be for
an item, such as this one?
Mr. Dominguez: It could. be.
Mayor Carollo: OK. Let me just go through the other...
Mr. Dominguez: Let me clarify, Mr. Mayor.
Mayor Carollo: Yes, sir.
Mr. Dominguez: That this came after we had agreed to do the Basic Training thing, so it was — and that was
at two separate times.
Mayor Carollo: Yeah. Approximately, what date and time was this memorandum written, do you
remember?
Mr. Dominguez: I really don't. But this was way back, probably in September some time.
Mayor Carollo: OK. Very good. Let me read the other service that would you have performed. "To
perform consulting services, such as feasibility studies, capital need assessment, construction management,
and inspection studies, as require by directed by the CRA; at the cost of third party consultants are not a part
of this budget. It would be reimbursed separately by the CRA." Three, "to perform real estate development
service, including acting as developers on behalf of the CRA and/or other agencies at the direction of the
CRA. In case where GMN had to pursue development -type liabilities, borrow funds, contract for
construction service, et cetera, separated development fees will be negotiated between the parties."
Mr. Dominguez: Right.
Mayor Carollo: Four. "To perform such other service, as may be requested by the CRA, from time to time
during the term of this agreement." These, basically, your recollection of those...
Mr. Dominguez: Yes.
Mayor Carollo: ... scope of services that you included?
Mr. Dominguez: Yes.
Mayor Carollo: And you, again, stated that you never received an answer to this?
42
January 12, 1999
Mr. Dominguez: Right:
Mayor Carollo: And the reason that you sent this again was...
Mr. Dominguez: It was at the request of the CRA. They asked me to prepare a draft contract.
Mayor Carollo: At the request of the CRA?
Mr. Dominguez: Yes.
Mayor Carollo: Do you recollect specifically whom of the CRA, the executive director...
Mr. Dominguez: It was both the executive director and Commissioner Teele, the Chairman.
Mayor Carollo: OK. And nothing else ever happened with this, you're saying?
Mr. Dominguez: Not to my knowledge. I haven't received anything back.
Mayor Carollo: OK. Because you have a very good background in this area, and I was just wanting to find
out if there were any particular projects that you were going to be coming in and doing, besides the
possibility of this project being one of them.
Mr. Dominguez: There were no specific projects identified at all.
Mayor Carollo: The only other question that I would have on this matter now would be that, from your
original statement, you said that your board of directors only had approved for your organization to
commend and do what again?
Mr. Dominguez: And be the fiduciary agent in the buying and ownership of the property, until such time
the renovations were completed and a Certificate of Occupancy obtained.
Mayor Carollo: OK. And you're understanding of being a fiduciary agent as to what you see as your...
Mr. Dominguez: That we would hold the title of the property, as a trustee, on behalf of Basic Training or
their parent organization.
Mayor Carollo: Would that include you bringing in people to find out what is needed to bring the property
up to Code and/or to...
Mr. Dominguez: No.
Mayor Carollo: ... bring in workers to bring the property up to Code?
Mr. Dominguez: No. That's development. For that — and that's something we know how to do very well.
But for that, I have to go back to my board of directors. That I don't have approval to do that.
Mayor Carollo: So, in essence, what was approved at the last meeting relating to this item, you knew
nothing about, from what I understand you said here?
Mr. Dominguez: Exactly.
Mayor Carollo: OK. I have no other questions. Thank you very much for your time, sir.
Chairman Plummer: Mr. Manager, you wish to discuss the issue? Any other Commissioner have any other
question?
43 January 12, 1999
Commissioner Teele: I want to clarify the record as to... - . -
Chairman Plummer. Mr. Teele.
Commissioner Teele:- ...one of the things.
Chairman Plummer: Sure.
Commissioner Teele: The things that were added, were added by you, Commissioner Plummer, as a way of
saying this is what would make me comfortable. The actual — and that's one issue and so, I think, that's an
issue that needs to be clearly encapsulated and kept to the side. - The second issue is the following: Basic
Training — I'm song, Greater Miami Neighborhoods has a very distinguished record in South Florida in
dealing with community -based organizations. I think one of the things that's very clear that, while Basic
Training and Power, Faith and Delivery Ministries has had tremendous success in its spiritual and its
perhaps moral, as well as athletic activities, they are not a development entity. I think the Commission, the
CRA, and anyone who really cares about the redevelopment of Overtown and the redevelopment of any
community, understands that the mere fact that a successful program, as evidenced by these people that are
here in a very orderly manner, that have been challenged in life to get their lives together, doesn't necessarily
translate to the fact that Basic Training should be out there in the development business. I have seen CRCs
that have functioned for 10 years, quite candidly, that still need a lot of help, and it makes no sense to me —
and I would not support — and there's a district — you know, rm sure you'll be pleased to know this, Mr.
Mayor. There has been a disagreement between Basic Training and myself from the very beginning and
there is this notion, just to put it on the table, why would I ask a group like Greater Miami Neighborhoods to
own the land for them? Why can't they own their own land?- I mean, there is a certain issue that's associated
with that. And the answer is very clear. This has nothing to do with race. It has nothing to do with one
group that's a better group than the other. It really has to do with the fact that Greater Miami Neighborhoods
has a discipline and an expertise in owning and developing land and Basic Training doesn't. There is no
intent on my part to deny them the same opportunities that every other CDC and every other
community -based or not -for -profit organization may have and, that is, to eventually own their own building
and facility. The simple fact of the matter is, is that Basic Training is doing a great job in what they're
doing, the spiritual, the physical, the moral redefining and reapplication. And I don't think that its fair to
government to now shoulder and settle Basic Training with trying to become a development entity when, in
fact, that's essentially what we have organizations, like Greater Miami Neighborhood, like St. John CDC,
like Urban League and others that are in the business of doing this for. The second point is the simple point,
that the CRA, which received the interlocal agreement within the last seven days from the Manager — since
all of the meetings, we received that in the last seven days or so — has said, we're going to aggressively
pursue the redevelopment or portions of the redevelopment area, including the Third Avenue business
corridor, including portions of Overtown, including, specifically, portions of Park West and, in that regard,
we're not going to do the way bureau — governments have traditionally done with bureaucrats and large
staffs. We're going to do this through a series of contracts. The CRA board has approved a series of
interlocal agreements, to include interlocal agreements with Greater Miami Neighborhoods. And the
document which the Mayor was reading from is simply a board resolution approved some time ago by both
the Greater Miami Neighborhoods Board in principle and the CRA Board in principle, to begin that work,
and I'm very, very pleased that, within the next three to four weeks, we will have a series of announcements
that basically we'll begin to move forward, once the interlocal agreement has been done. The interlocal
agreement was only forwarded within the last 10 days or so from the Manager. Thank you, Mr. Manager
for that. And once that is done, we'll be in a position to move forward. So, we have literally done nothing
now, again, for 90 days. And, Mr. Attorney, I would very much like a report on the demolition of that
building that started this whole thing, which was there on 12th Street and, et cetera. I won't take the time
that the Mayor has taken to go through a series of issues. I would only say this, Mr. Manager, apparently, as
a result of efforts to ensure that buildings are meeting Code and buildings are — and see community
development loans are being maintained, apparently, there is a flurry of activity. Basic Training — and I've
asked them to go to the State's Attorney — has been approached by a number of people, who have invited
them to — including a person who's represented that, if he is brought into the picture — he had such a good
relationship with the management — that he will be able to forestall any action and he'll be able to solve this
problem, as well as persons who have buildings now that they're trying to sell. What is that last building
44 January 12, 1999
r.
that the guy's ready to give you on — what address is that? .. _ . - - . __ , _-
Mr. Coachman: It's 244 Northwest 16th Street.
Commissioner Teele: And, as I've said to Basic Training and others, look, you need to be very careful.
Obviously, some of these people may not have the relationship with Mayor Carollo and the Manager that
they say they do but, in either case, the Mayor and the Manager should be advised that there are a number of
people using their names to indicate that they can get things done through the City, through using your good
offices. And I just wanted to make sure that that's on the record. -
Chairman Plummer. Well, can we put some names on the record? -
Mayor Carollo: I would really think that's very appropriate.
Chairman Plummer. I mean, you're making these comments and you're not going to put names on the
record?
r.
Commissioner Teele:. No, , I made comments:. I made the comments.
Chairman Plummer: He gave the address. Now, all I'm asking is, you know, that we don't need innuendos.•
Commissioner Teele: Well, what's the gentleman's name who is saying that they can buythe building there,
the original building there on 10th Street and there won't be any question on the demolitionand all that
stuff. Mr. — the current building that we're talking about.
Mr. Coachman: OK. The building that's on 6th Street —16th street is owned by a Mr. Yuken. -:i:';: w
Chairman Plummer. Who?
Mr. Coachman: Yuken, Y-U-K-E-N, sir.
Commissioner Teele: Mr. Solomon Yuken?
Mr. Coachman: I belive, yes, sir. _
Chairman Plummer: And he's the one that indicated that he has influence with the Mayor and the -Manager?
Mr. Coachman: No, sir. If I may?
Commissioner Teele: The one on l Oth Street.
Mr. Coachman: He owns two buildings that he's seen favor with Basic Training and he has instructed us
that he would reduce the price so that — because he's aware that we only have two hundred thousand dollars
($200,000) in which to operate with. Therefore, these buildings will accommodate Basic Training and he's
willing to sell these buildings to Basic Training. One building is for a hundred and sixty-three thousand
dollars ($163,000) and the other building — and they're both in pretty good shape — is for seventy-seven
thousand dollars ($77,000), and both of these buildings will accommodate Basic Training.
Chairman Plummer:. What is the inference, sir, of wrongdoing?
Commissioner Teele: I don't think there's any —
Chairman Plummer: Mr. Teele?
Commissioner Teele: I don't think there's any inference of wrongdoing.
45
Chairman Plummer. No, you're suggesting go to the State Attorneys Office.
Commissioner Teele: No, no. No. What I have suggested is that there are persons that have said, regarding
the existing building, the one on 10th Street — what's the gentleman who has approach the Trust and
yourselves that's very interested in being the middleman to prevent the City from taking any further action,
et cetera?
Mr. Coachman: rm not abreast on who that is, Commissioner.
Commissioner Teele: I'll get that and give it to the City Attorney.. .
Mayor Carollo: Well, I...
Chairman Plummer. OK. Mr. Teele, I only have one item that I brought up and...
Mayor Carollo: I certainly think that — if Commissioner Teele thinks that there is any impropriety, which,
from what he said and to what they say, the differences from night and day, I think it should be forwarded to
the State Attorney's Office, to the U.S. Attorneys Office.
Chairman Plummer. Absolutely.
Mayor Carollo: Along with anything. else that might be related, not to just this but to anything else that
might be improper in the City of Miami. f ;
Chairman Plummer. The only point that I want to make, Mr. Manager, that I made at the last meeting is, if
this is approved and for whatever reason that Basic Training goes out of business, that the property reverts
back to the City. Is that understood? 1.
Mr. Warshaw: Yes, sir.
Chairman Plummer: Now, for the record...
Commissioner Teele: Mr. Plummer?
Chairman Plummer: Yes, Mr. Teele.
Commissioner Teele: Will you put that provision on all land owned by the City?
Chairman Plummer: Sir, it was my understanding that that was a policy of this Commission longstanding
and I've just written a memo to the Manager about the Haitian scenario that want to acquire a building with
a hundred and twenty-five thousand dollars ($125,000) of our money, and I wrote a memo telling him to
make sure that that provision was in there. So,1 mean, that's nothing that rm starting anew. Now, I want to
just...
Commissioner Teele: Commissioner, as long as we have a policy...
Chairman Plummer: Absolutely.
Commissioner Teele: ...that applies to everybody — that has been applying to everybody, I have no
objection. .
Chairman Plummer: If I hasn't, sir, then I've got a problem with the management. The only thing I want to
say, for the record, OK, I voted for this before, OK? I would vote for it today if that CEO was standing here
and apologized to this Commission, all right. .
46 January 12, 1999
Commissioner Teele: And, J.L., here again...
Chairman Plummer: Excuse me, excuse me. If that man sends me an apology...
Commissioner Teele:- But what we're back to what Commissioner Sanchez — we are back to what
Commissioner Sanchez said.
Chairman Plummer: I understand that.
Commissioner Teele: Why don't we stay with the issue. I agree with you.
Chairman Plummer. The issue is a man calling me a crook.
Commissioner Teele: And the issue...
Chairman Plummer: OK. That's to my personal issue.
Commissioner Teele: ... the Manager calling them street people.
Mayor Carollo: Gentlemen, gentlemen, please.
Chairman Plummer: OK. Hey, I want to tell you, the man sends mean apology, I'll change my vote.
Commissioner Sanchez: I just have simple questions pertaining to the issue: Mr. Chairman?
Chairman Plummer: Yes, proceed, Mr. Sanchez.
Commissioner Sanchez: My questions are very simple and pertaining to the issues. If I could have — Dena,
could you approach the mike?
Ms. Bianchino: Yes, sir.
Commissioner Sanchez: Have all the appropriate paperwork been turned into the City pertaining to this
matter?
Ms. Bianchino: No, sir.
Commissioner Sanchez: No. Do they — are they incorporated?
Ms. Bianchino: To my knowledge, they have not shown their incorporation papers to the City as yet.
Commissioner Teele: Who is that?
Commissioner Sanchez: Basic Training.
Ms. Bianchino: I just wanted to confirm that.
Commissioner Teele: Wait a minute. Neighborhoods is who we're dealing with. Just — see, we jump back
and forth.
Commissioner Sanchez: No, no. I mean...
Ms. Bianchino: We've got incorporation papers from Power, Faith and Deliverance but not Basic Training.
Commissioner Sanchez: All right. Did the Greater Miami Neighborhood turn over all the paper - proper
documents needed for this City to go ahead with the project?
47 January 12, 1999
Ms. Bianchino: We have written a letter to Greater Miami Neighborhoods asking them to provide us with
information as to the financing of the project so that.L _
Commissioner Sanchez: Do you have it today?
Ms. Bianchino: No.
Commissioner Sanchez: I don't need to hear anything else.
Mayor Carollo: OK.
Commissioner Teele: Yeah. Commissioner Sanchez, what you asked and what she answered are two
different things. You said, have they given you with everything to go forward? She said, we asked them for
information relating to the financing of the project.. This Commission said there would be two-year — a
one-year window to determine the financing. So, I mean — you know, we voted that. So, we gave them a..
Chairman Plummer: It's already been voted on.
Commissioner Teele: Yeah. So, you know, they won't turn that in for a year based upon...
Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My experience with Neighborhood Greater Miami, you can — Dominguez, you can -
I think I was a board member about 10 years ago.
Chairman Plummer: We won't hold that against you.
Vice Chairman Gort: Ten or 12 years ago. And I recall the fast project that I went to visit. It was the St.
John Apartments on 3rd Avenue and 1 Ith Street — 10th Street. That was the beginning of your involvement
within the Overtown, not only your involvement in Overtown but my understanding is, you were very
helpful in some of the development that has taken place in Little Havana, in Allapattah, and within the City
of Miami. Your track record and the Board of Directors that you have, is one that I don't have any problems
with. And I agree with J.L. One of the things we stated in the past, that this property is to go — these people
to default, the property is to come back to the City of Miami. Now, my understanding, Commissioner,
besides the finance, the request is, the feasibility of it, of the building, what it would cost and so on. That
would have — you would have a year for that to come back to us. Am I correct? That was a motion that was
passed?
Commissioner Teele: That was the motion that was approved.
Chairman Plummer: That's...
Mr. Dominguez: Can I answer that very briefly?
Vice Chairman Gort: I know the organizations. I know it well and you're very responsible and fiscally
responsible too. And you have a great Board of Directors. I know they've been doing the right thing for a
long time.
Mr. Dominguez: Let me just say that there is no project yet. Nobody knows what's going to go — we don't
even have a site. We don't have a contract on the site. One of the requests of the attorney from the seller —
and the draft contract came to my office yesterday — was that I get a Stay of Execution from the City on the
demolition order, and I called the guy back. I said, I was in no position whatsoever of doing that and that
was not my job. So; I will not sign a contract with anybody until those things are clarified or taken out as a
48 January 12, 1999
condition of the contract. But there is really no project. There has been talk about building — renovation a
building into some sort of military -type barracks. That is something totally different, that renovating the
same building, as it used to be in terms of apartments. The funding sources might be different. A year's
time might seem a long time but right now we just missed the.State window. If we're going to go for a state
funding, we just missed it. The 7th of January — and there's not going to be another cycle until a year from
now, and then you get a six month approval process at the stay level. So, it is — we can go to the County in
the summer. We can go to other places but if we have to — if we determine that we have to go the State to
make this project feasible, one year is not going to make it. And the other question that is still pending,
because we haven't really had the time to sit down with Basic Training and determine what really the project
is, is what is going to be the operating expenses of this thing once it is done? The development part of it is
very easy to do. You just need to get enough funding to do the construction but then, for years to come, you
have operating expenses that are monthly expenses. Where is that funding coming from? That has not been
determined yet. It doesn't mean that it cannot be done. And, frankly, I would say, my Board of Directors
would be very hesitant to accept a role where they have or the organization has to be liable to acquire a
piece of property now, where we- would have to insure it and fence it and maintain it and so on, to see
whether or not, a year and a half or two years from now, we do have a project. I don't know that that is
something that I would either recommend to my Board of Directors or that they would accept, even if I
recommend it. And I'm wondering if the City can buy the land and hold it, 'I don't want -the liability to
having that. At least, you have sovereign immunity. I don't. So, if — you know, if somehow the City buys
the land, banks it and gives us time to figure out what to do with it, that would be the ideal situation.
Chairman Plummer: All right. Let me make sure that I understand. Mr. Manager, number one in the
contract, this sum of money is restricted to that location only.
Mr. Warshaw: That's correct.
Chairman Plummer: Number 2, that Good Neighborhoods — Neighborhood...
Ms. Bianchino: Greater Miami Neighborhoods.
Chairman Plummer: Greater Miami Neighborhoods will not turn over its responsibility or acquisition to
anyone until the project is a go project. What I mean by that and the thing that has been expressed by
others than myself — is the idea that that is going to take a lot of money to bring that up to Code and to make
it presentable to anyone to live there and that is, I think, the greatest problem. It's not the 200 for the
acquisition. It's the money that's been talked about from anywhere from seven hundred to a million dollars
that is not in the till at this particular time to say, hey, we got a piece of property now. What we're going to
do with it? We ain't got any money. At no time does the Neighborhood Association turn that over to
anybody until those monies are in and guaranteed. I just want to make sure that's part of the record.
Anyone else? Miss Warren.
Ms. Gwendolyn Warren (Director, Community Development): Yes, sir.
Mayor Carollo: Mr. Chairman?
Chairman Plummer: Mr. Mayor takes precedence.
Mayor Carollo: Thank you. I think the last statement that Mr. Dominguez made, you know, it was very
revealing in clarifying their concerns. We, basically, have a situation where we've made a resolution with a
lot of ifs and one of the biggest ifs is that, if the people that we've assigned to do certain things to make this
a reality, are even willing and able to go forward and do it. He's told us that he has to go back to his Board
of Directors to get approval. Furthermore, his last statement, I think, speaks for itself, that he doesn't know
if they'll be in a position to want to go forward with this. And all that I'm saying here now is that, process is
something that this Commission has to follow. We're either going to have to decide whether -we're going to
be going to ward -type politics, where you have the old ward -type politics of Chicago and other northern
cities that Commissioners from districts from wars, decide what goes on solely by themselves and by the
spoil system in their district, in their wards, or we follow a process. If we would have followed the process
49 January 12, 1999
in this instance, we wouldn't be going through this whole series of debates that we have been going through
and we wouldn't be here today. And, frankly, there wasn't any process that was followed here. The only
process that was followed was the process of ward politics. We would have had a process. We would have
looked at the different organizations within a particular area and would have had a process so that everyone
could have tried to participate and have chosen the best, most needed organization that could produce the
most out of the area in a process that would have avoided a lot of these problems with the acquisition of the
properties. The renovating of this building. I've heard estimates from — as low as half a million to as high
as maybe a million dollars. We have no idea where this money would be coming from. And then, of
course, comes the next step that is the operating expenses. We don't know what kind of operating expenses
we're going to have, nor where will it come from. So, I think that we have to establish a process of how
we're going to be doing things in this Commission in this particular case. These are some of the things that
need to be answered before we can really feel good about this. And last, let me just finish by saying that —
this is something that I think that we should all feel good about_ Yesterday I received a phone call from the
White House, along with my colleague, Mayor Penelas, had received one too, letting us know that Miami
was chosen as one of the sites of the empowerment zone. This is going to go a long, long way in helping
Overtown, in helping Liberty City, Allapattah, Wynwood, East Little Havana Three quarters of the
empowerment zone lies in the City of Miami, in the areas that I've just described.. There's some five
thousand new jobs that will be guaranteed, minimum, that will be coming, and tens of millions of dollars in
additional help that we will be receiving, that is going to help the City of Miami achieve many of the things
that we've been talking about and have just been in paper in the planning stages years ahead of time. So,
having said that, I think that's an area that you could all take pride in, an area of a lot of hope into the future
and, hopefully, instead of the amount that has been allocated in receiving every year, that's going to be lifted
into an even higher amount. We will be there tomorrow when the Vice President and the Secretary of HUD
(Housing and Urban Development) make the announcement officially in Washington. What you heard
about today, that was supposed to be off the record but it got leaked out somehow and... -
Chairman Plummer: I heard it last night.
Mayor Carollo: Yeah. At the last second we were called in so that we could participate in the
announcement of it. But having said that, I'd just like to thank Gwendolyn Warren and Dena Bianchino and
so many others in the City staff that helped and participated in this, together with the other quarterback that
we all had, the County, the City, Homestead, Florida City, which is Cynthia Curry, and they all did a great
job.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Thank you, Mr. Chairman. Members of the Commission, again, let's not lose site of
what we're here on today. Mr. Dominguez, there's no action before us. Mr. Dominguez was asked to appear
here and to give a report. We've been on this for one hour. We've talked about development and we've had,
I think, perhaps an education or miseducation on certain aspects by the Commission. But let me just say
this, I'm a Commissioner, elected like my other four colleagues here, not to have ward politics but to have
representative democracy. Not one time have we talked about what this project is about. This project bore
out, not out of building a building, which is all that we've talked about. It's bore out of a program that has
had no government money, that is asking for no government money, that is based upon a faith -based,
physical fitness ministry to help people change their lives. Overtown has the highest unemployment of any
census tract in Dade County. Fifty percent of the people in Overtown are unemployed. Power, Faith and
Deliverance Ministries has been working with through its program, Basic Training has been working with a
number of people. Some of them are here. These people need a place to stay. At the end of the day, we can
spend fifteen million dollars ($15,000,000) with the Camilus's House, which I support. We can spend 15 or
20 million dollars with the Hack Center, which I support, but also there are a lot of people who are falling
through the crack, who have no place to stay. I get up early in the morning. I drive through Overtown. I
drive through Liberty City. I drive my district, Little Haiti, et cetera. Nowhere, call it ward politics, call it
anything you want, less than three percent of the voters in my district live in Overtown. And ward politics,
generally, you take care of the people in the ward where the people vote first. That's what ward politics is
about. Overtown represents less than five percent of the voters of my district and 1 will continue to fight for
them, and I will not be threatened or intimidated by anybody who wants to call it ward politics, as long as
50 January 12, 1999
_./
there is the kind of need that there is there. Now, we can all go home at the end of this Commission meeting
and know one thing, that we've done nothing to move forward, incrementally, the need for housing and the
need for a cover, a roof over people's heads, who are trying to turn their life around. Everybody shouldn't go
to the Hack house, the homeless center. Everybody shouldn't necessarily go to the Camilus House. There
are a lot of other activities out here and I want to be a supporter of those that are making some positive
inroads. And I apologize to anyone who has been offended. I apologize to Pastor Spann. Because if Pastor
Spann had been called — because if I had been called what he called, I would have reacted in a similar way.
I also think it would be helpful if Pastor Spann would come and clarify, with an apology, some time today,
particularly to Commissioner Plummer and others who may be offended by his remarks, that they all are a
bunch of crooks because we're not a bunch of cooks but things are said in the heat of the moment. But I
only want my colleagues to know that its fine for us to demand apologies, J.L., but we have to be
accountable for the people who work for us, as well. And, to date, I still think that everybody in Basic
Training is owed an apology because they're not just street people. They're people who have fallen out of
grace (Applause), but they are trying to turn their lives around. And I think, with all of the fine talk about
millions of dollars and all of that, what difference does a million dollars make or tens of millions if we're not
going to help the people? We can come up with money, as the Miami Times has indicated, to help people
refurbish the Freedom Tower, Arabs who have money, and God bless them, and we can come up with
money for people to redo their Cadillac dealerships,, community development money, and we can come up
with everything and we don't hold those people to the same kind of microscopic standard and, quite frankly,
I don't think that the microscopic standard ever hurts. But the fact of the matter is, is, at the end of the day,
Commissioner Gort, Commissioner Plummer, Commissioner Sanchez, and Commissioner Regalado, we
have an obligation, as the legislative leaders of this City, to ensure that we address all of the important areas
in every district, and I'm telling you that in my district, the district that I represent and only I represent that
district, as only you represent your district, that we must begin to deal with the problems of people who have
fallen out of grace, who are trying to turn their lives around. We spend millions of dollars in responding
with Police and Fire and the necessary life of liberty and safety, property and safety, as we should, but we
can't spend hundreds of thousands of dollars to deal with people who are trying not to be out there doing the
violence. And I think we need to take this under consideration as we begin this new year, J.L. This is not
about Power, Faith and Deliverance. This is not about Greater Miami Neighborhoods. This is not about a
power struggle between Carollo and Teele or some type of ward politics. This is really about people. At
the end of the day — and the question is, what are we doing, J.L., to put a roof over these people's heads that
are trying to turn themselves around? That's what this is about and we should not lose site of that. So, I —
you know, it's 11:30. I would...
Vice Chairman Gort: Mr. Chairman.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding, there's no vote to be taken place today. My understanding is, that
we wanted a report form Greater Miami Neighborhoods. I think we already voted on this and we passed a
resolution.
Chairman Plummer: We already have.
Vice Chairman Gort: My understanding is, a resolution from here is — I do have one question.
Chairman Plummer: Mr. Manager.
Vice Chairman Gort: I heard there might be other facilities available that could be purchased probably for a
lot less and my understanding is, the resolution that we passed is to be spent in a specific project. So, we
might need to change that. So, in other words, you're going to be looking at the different options that we
have. My understanding is, this will be coming back to us for us,to look at and make a final votes on
whatever is feasible for everyone and best for everyone.
Commissioner Teele: Commissioner Gort...
51 January 12,1999
w+a.�
Mr. Warshaw: If that's your directive.
Commissioner Teele: ... if you would yield. I'm asking, again, as Chairman of the CRA, for them to look at
other sites. People are offering up sites left and right but if they don't meet Code, if they don't have adequate
parking, if they don't have — we don't need to use — continue to use — we've got 18 projects in this city, that
were funded by this city, that don't meet Code. We don't need to continue to use federal money to subsidize
this kind of apartheid conditions that we're creating in Overtown: And all that I'm saying — and I'm saying
this to Basic Training, and I want you to listen to me, Pastor Spann. People are going to jump out with you
with everything, OK, because that's the way business has been done in Miami for the last 10 years, last 20
years. We cannot afford to go down that line. If the building is not safe, if the building doesn't have
adequate recreational room, if it doesn't have adequate parking, if it doesn't have the kinds of amenities that
we want these children to be able to utilize, then we can't buy that building. .
Chairman Plummer: All right.
Commissioner Teele: And, so, I agree with Commissioner Gort...
Vice Chairman Gort: Commissioner Teele, the only reason I brought it up is because they brought it up.
Commissioner Teele: Yeah.
Vice Chairman Gort: I'm not saying that...
Commissioner Teele: And they're saying what they're saying and I'm saying what they're — what I'm saying
and we ain't saying the same thing. What I'm telling them is, people are offering them all kinds of things.
We've got to make sure that somebody objective, like Greater Miami Neighborhoods, working with the
Building and Zoning staff and the staff that the Manager will put forth, the architects and engineers that the
Community Development has, go in there and look at buildings, not just jump to say there's a building
available. They've got a clear title. Let's buy it.
Chairman Plummer: All right. Let's bring this thing to a conclusion.
Vice Chairman Gort: One last statement. Mr. Dominguez...
Chairman Plummer: Mr. Gort. No, you'll get your opportunity.
Chairman Gort: Excuse me. ...in doing your research, you also should contact the Homeless Trust and they
might be able to be part of the fmance and also the... (unintelligible).
Chairman Plummer: All right, sir. For the record, your name — no, this gentleman here wishes to speak.
That's you.
Mr. Coachman: I'm Reverend Coachman with the Basic Training Program.
Chairman Plummer: Yeah.
Mr. Coachman: First of all,1 want to say that Pastor Spann is here and he will be commenting. 1'd just like
for everyone to be advised that, on January the 7th of this year, we went to court. We have until February
the 1 st of this year to vacate the premises that we now reside at or pay some money, OK. We have nowhere
to go. We've been waiting since April the 1st of last year. Waiting and waiting and waiting and waiting.
We found two buildings. Sir, we need somewhere to go. As you can see, we have children here that don't
have a place to go. We have women and men. We need a place to go. And we keep procrastinating with
politics. Our main — our primary objective is to gain lodging somewhere and we need your help. We're not
asking for a hand-out. Just a hand. We don't want the whole pie, sir. Just a small piece of it..
Chairman Plummer: All right, sir. Dorothy. Briefly.
52 January 12, 1999
1�1
Ms. Dorothy Quintana: Dorothy Quintana from Wynwood. The only — my only question :is, how come
Teele — bow to him — fights for his neighborhoods and I have a Commission in Wynwood who does not
fight for us, and its plenty of poverty there. Plenty necessity for-Wynwood and I don't -get no.help. Thank
you.
Chairman Plummer: You know, you better go talk with Martha because she doesn't know where you're at
and that's my district and if you don't think I don't fight for Wynwood..:
Ms. Quintana: Sir, no.
Chairman Plummer: That's your opinion. You're entitled.
Ms. Quintana: No, it's not my opinion because I live in Wynwood 45 years and I know that my
Commissioners — when they had Commissioners, they used to fight for us. Now, the necessity is greater
and we don't get no help.
Chairman Plummer: Thank you. -
Ms. Quintana: Ah-ha. Thank you.
Chairman Plummer: Mr. Warshaw.
Mr. Warshaw: Just a couple of comments. I have met on several occasions with Reverend Coachman in my
office. And just to back up for a minute. This particular piece of property we're talking about, .where the
two hundred thousand dollars ($200,000) has been allocated to acquire and rehabilitate it, obviously, that
money is not enough to take that project to completion. So, Reverend Coachman has brought to me the
listings or the identities of additional pieces of property that are a lot less expensive and, at least according
to him, and we haven't looked at it yet, it would cost significantly fewer dollars to rehab those buildings and
make them livable. So, I wanted to state this on the record that there has been some dialogue. We have
been talking to them. And if they come back to us and some of these other facilities are within that range of
the two hundred thousand dollars ($200,000), which I'm told they are, there might be a — you know, a happy
solution to this.
Chairman Plummer: All right, sir. Sir.
Mr. Solomon Shipman: I'm Elder Solomon Shipman from the Basic Training Program. Mr.
Commissioners, Mr. Manager, we're just here today to express the frustration of our organization with some
of the politics in this City. We was allotted by the City Commission on April 1, 1998 two hundred thousand
dollars ($200,000) for the purchasing and renovating of a building. That fast building, 1224 Northwest 12th
Street, was turned down because the City engineers said it was structurally unsound. Then we shift our
attention to 420 Northwest loth Street and that building was turned down because the City had a problem
with the owner. We have been caught up in the bureaucracy and the red tape. Now, we know that our
legislative bodies have found ways to give grants to save the manatees. We found ways to save — for grants
to save the Everglades. I'm sure we can find a way to authorize a grant to save Basic Training. Can I have
some help in here? (Applause) Now, let me grant this to you. We might don't be the best grant writers.
We might don't know a whole lot about development but what we do — and the people used to have a
saying, that the proof is in the pudding. And we not in the business of politics but we in the business of
people. Ladies and gentlemen, these are the people. These are the people. This is our proof. What we do,
we do it good. We are ministers of gospel of the Lord Jesus Christ. And what we do, we go out and we
rescue people. We can't write grants as good as some people. We ain't got all our paperwork all nice and
neat, as some people, but what we do, we're making a deference in the lives of people. I think it's time that
we stop with the politics or politics, the business of politics, and get down to the business of people.
Chairman Plummer: Thank you, sir. (Applause). All right. You wish to be heard?
53 January 12, 1999 . ' .
Mr. Vincent Spann: Yes, sir. _
Chairman Plummer. All right; sir. Your name and address for the mail...
Mr. Spann: OK. My name is Pastor Spann. rm the founder of Basic Training and Power, Faith and
Deliverance Ministries. First of all, I'd like to retract my words to Mr. Warshaw and to all the
Commissioners. I was very hot. I was very upset because it seemed like everybody turned against us and
we didn't have on one on our side. No one is saying as -to what we done a couple of weeks ago, the shooting
that happened Overtown on 18th Street and Northwest 2nd court.. The night that the shooting took place,
that very night, we went on the grounds and laid our hands on the ground. The very next night, we had
service. We had church service out in that area Last night the entire community was holding hands,
clapping, giving God praise. The drug dealers, the drug users, the prostitutes, everyone in that area. Lives
are being changed now because of what we're doing. Not only that. Our ministry is making a tremendous
impact on the city. I received a call yesterday. from Mr. Robert Levine. He's the attorney for Sylvester
Stallone. The producers will be here in Miami on Wednesday and they will begin to start getting things
together so that they can make a movie on Basic Training. And I believe that this will bring money to the
City of Miami. They say that Miami is losing funds and I believe, what we're doing, will bring money for a
lot of people. So, all we're asking, is for everyone to, you know, get on our side. I'm not one to try to fight
against black or white or racist or all that good stuff. All r_m_ saying is, you guys give us a hand and help out
what we're trying to do. That's all. ;
Chairman Plummer: Thank you, sir. I accept your apology. - I would ask you, that when you have the time,
go really — you want one area, rll give it to you, I'd love to see you in, is 1st Avenue and 16th Street. Join
me there almost every afternoon to bust up whaYt going on out there.
Mr. Spann: Can I say something else?
Chairman Plummer. Sure.
Mr. Spann: OK, sir. OK. On 244 Northwest 16th Street, that's right around the comer, right up the street.
Chairman Plummer: No, I'm talking about 1st Avenue and 16th Street.
Mr. Spann: What is that, sir?
Chairman Plummer: You got more damn drug dealers there than you know what to do with. OK.
Mr. Spann: OK. What I'm saying is, our next move is there, sir, because we have another building in that
area.
Chairman Plummer: Just go there any day and meet me therein the afternoon. .
Mr. Spann: I'll be more than happy, sir.
Chairman Plummer: OK. There's no actual vote to be taken here today. I think, Mr. Manager, you have
your marching instructions.
Mr. Velvet Nicholias: Excuse me, sir?
Chairman Plummer: And we will proceed from — sir.
Mr. Nicholias: I will only take 30 seconds of your time.
Chairman Plummer. I'll hold you to that. Your name and mailing address.
Mr. Velvet Nicholias: My name is Commander Velvet Nicholias. I'm the director of Basic Training and my'
54 January 12, 1999
address is 900 Northwest 7th Avenue. Im a member of what we call the Elite Force. We're ordained by
God, through the pastor. Many family members call us because their loved ones are stuck in the dope hole
or trapped there. Their daughter might be trapped and not many people will go in there and get them. Many
wives have called us because their husbands have went out and taken all the money. Because they couldn't
pay their bills and everything, they would call us. We have like a 12 team Elite Force. We go in the dope
holes, in the dope house, and get these people for their loved ones, and bring them back to our program,
where we start to rehabilitate them so that they can build their lives. Sir, the only thing rd like to say here
today, and I say with all sincerity, what we do is for the good of Miami. It is good and it is positive. And if
this Commission — and I know it's great people here and some of you, as you live, will become great men.
What Im asking for today, sir, is just, please, do the right thing in regard to Basic Training. These children
need your help. These women need your help. These men need your help. It's an awesome thing to see
when a dope boy throw a .45 caliber pistol in your hand in a dope hole and ask you what you are doing and
we tell him, we are here to get the daughter of such and such or we are here to get the child of such and such
or we are here to get the husband of such and such. Just last week we went into a hole that — if I may say, I
know we have a great police force here and I know that they're not afraid of anything, but many people are
afraid to just go in these dope holes. We are not. We'll do our job. Thank you.
Chairman Plummer. Thank you, sir. (Applause).
I L(A) SECOND READING ORDINANCE: AMENDING CHAPTER 2/ARTICLE XI OF CODE
ENTITLED: ADMINISTRATION/BOARDS COMMITTEES / COMMISSIONS TO ESTABLISH
COMMUNITY RELATIONS BOARD REFLECTIVE OF COMMUNITY.
(B) CHANGE RULING ON ORDER OF DAY TO HEAR ITEM 37 PRIOR TO LUNCH.
(C) DIRECT CITY ATTORNEY TO RETURN NEXT COMMISSION MEETING WITH:
LEGISLATION INCORPORATING TUCOM (UNITY COUNCIL OF MIAMn TO COMMUNITY
RELATIONS BOARD.
Chairman Plummer: All right. Mr. Manager...
Commissioner Regalado: Mr. Chairman, can I...
Chairman Plummer: Go ahead.
Commissioner Regalado: No, not about this issue.
Commissioner Sanchez: J.L., two o'clock.
Chairman Plummer: Go ahead, sir.
Commissioner Regalado: I'm just asking a favor. We have two items for which we have prominent
personalities here and I was wondering if we could take these two items before the lunch break. One is
Number 9, which is almost coming up.
Chairman Plummer: Nine is next.
Commissioner Regalado: No, it's not next. It's — next is seven. And the other one is Item 37, that will be
very brief. But if we can take now...
Chairman Plummer: Nine is no problem.
Commissioner Regalado: ... number 9.
Chairman Plummer: Nine, all right. Let me tell you the ruling of the Chair. The Chair is now ruling that
we will take before lunch up to item — including Item 16. They're all second readings, OK. Anything after
16 will come after the lunch break of two o'clock. .
55 January 12, 1999
Commissioner Regalado: Mr. Chairman, again, Item 37, it's a report by the administration...
Chairman Plummer: Sir, a request of a Commissioner is always honored. We will take it up. We'll do Item
9 first.
Commissioner Regalado: OK.
Chairman Plummer: The people involved in Item 9, please come forward.
Commissioner Regalado: Rabbi.
Chairman Plummer: This is a second reading in reference to the administration, boards and committees,
Commissions, to establish the Community Relations Board. Any of the speakers, we would ask, please, that
you give your name and mailing address and proceed. We would also..
Commissioner Regalado: ff I may, Mr. Chairman. Just very briefly.
Chairman Plummer: Mr. Regalado. -
Commissioner Regalado: I'd really like to thank Mr. Osvaldo Soto, President of SALAD (Spanish American
League Against Discrimination), Mr. Ari Sosa, Mr. Sang Whang, Rabbi Schiff, and Sam Mason for their
time and their words and their efforts in the Community Relations Board of the County. Thank you.
Mr. Osvaldo Soto: I yield to Rabbi Schiff.
Chairman Plummer: rll be right back.
Mr. Solomon Schiff: Thank you. Honorable Mayor and Honorable City Commissioners, my name is Rabbi
Solomon Schiff. My mailing address is 4200 Biscayne Boulevard, Miami, 33137. Just a brief note about
the history of the Community Relations Board of Dade County. I, together with other leading clergy in the
community in 1963, urged the community — Dade County to establish a Community Relations Board. I was
joined by such leaders as a former Miami Commissioner, the late Theodore Gibson and others. And we said
that our community has to come together and make this one community where everybody can feel
comfortable. As a result of that, a Community Relations Board was established 35 years ago and it has been
very successful in helping to promote a better understanding and a unified community as best as we could.
Just a few incidents, when I was Chairman in 1989, we helped keep the community calm in the William
Lozano case. As you remember, he was a policeman, police officer, that shot and killed a black
motorcyclist. The town almost came apart. With the — a trial and we were able to bring the community and
keep it calm. We went out on the streets. We were there when the verdict was issued. We helped bring the
discussion and explanation by attorneys on the proceedings of the courts so, we helped, with others, to avoid
the riots that existed in 1981 after the McDuffy crisis, where 18 people of our citizens were killed. We were
there on the streets when Mr. Mandella came to our community and the — many of the community felt that
he was severely insulted. We were there to help bring the community together and try to keep the fires from
establishing. When it was brought to our attention that the Florida Highway Patrol was discriminating
against minorities, we were the prime movers in helping to bring redress to this grievance and today we're
happy to say that minorities are not only hired but advanced in their positions. We find that we have in our
Community Relations Board — and I would suggest you do this in yours as well, when it becomes
established. We have forms, regular forms, where people with grievances can come to us and air their
problems, so that we can help keep in a quiet way, to resolve those grievances. The late Winston Churchill,
when he was urging the establishment of the United Nations, said the following words: "It's better to jaw
jaw than war war." That's what the CRB has been and that's what it can be, that people talk so that they can
resolve those problems. You know, America's often referred to as a melting pot. I somehow never cared
for that term. A melting pot implies a boiling away of all differences and you have a bland, a very bland
hash. I look at the United States and, of course, all through the rest of the country's even more so in Miami,
that is a dinner plate. We have — each food item is there, distinct, separate colors, separate nutritional value,
separate attraction, and separate tastes. By all working together, it forms a wonderful dinner plate. This is
-56 January 12, 1999
what we can have in Miami. We are the community more than any others. We have a richness of diverse '
cultures, racial, religious, ethic and national origin. We have the opportunity of being a model for the rest of
the Country. And what Pd like to say is, in closing, to quote the famous song about New York: "If we can
make it here, we can make it anywhere."__ We will be the prime example of the community. And I thank
you. God bless you. I know you'll do what is right.
Chairman Gort: Thank you, Rabbi.
Mayor Carollo: Thank you, Rabbi.
Vice Chairman Gort: It's my understanding, there's no one in opposition to this, is there? As a matter of
fact, what I would like to do also, if you're aware, we created TUCOM (The Unity Council of Miami) about
three years ago, which one of the things that we did, we had — we took some of the guidelines from you all
and we had seminars where people came in and we find out that we needed to find one common
denominator to bring people together. We have done so. And what I would like to do is put — incorporate
TUCOM into this organization also and pass on the paperwork that we have done. And, presently, one of
the ways that we're bringing our different communities together is through dominos. We have found out
that dominos are being played and we've gotten off Miami Beach, Miami Beach, Hialeah, and all those
cities and all those different communities playing dominos together, and this other culture. This is sort of a
prevention. Rather than act to — react to crisis — to prevent crisis, so I think...
Chairman Plummer: OK. All right.
Commissioner Regalado: Can we hear from Osvaldo Soto...
Chairman Plummer: Osvaldo. _
Mr. Osvaldo Soto: Yeah. My name is Osvaldo Soto. I'm the Chairman of Spanish American League
Against Discrimination, with offices in the City of Miami. I'm here to support this resolution. I think it's
time that the City of Miami creates Community Relations Board. Around 10 years agog this Commission
appointed me as mediator for the City of Miami Police Department and I work very hard at that time for two
years, trying to resolve the different — the frictions within the City of Miami Police Department. If, at that
time, there would have been Community Relations Board, we could have had the Community Relations
Board working on this issue, resolving this matter, and there would not have been needfor me to be working,
which I did with pleasure and pro bono, of course, for the City but, again, I think it's a great idea. SALAD
(Spanish American League Against Discrimination) is strongly supports this idea and I think, as Ari was
told yesterday by somebody from the University of Berkley California that was interviewing me- for a
research that the university is doing regarding the City of Miami, there is no place in this country, as the
City of Miami, that is telling the world you have people from all groups, from all countries, working
together to do this. A great city. Gentlemen, thank you very much.
Chairman Plummer: Thank you, sir. Sir, your name and address for the record. Ask you not to be
repetitious.
Mr. Sang Whang: My name is Sang Whang. My mailing address 8445 Southwest 148th Street — Drive.
I'm here in the capacity of a chair/elect for the Miami -Dade County Community Relations Board to echo
Commissioner Regalado's — the proposition and to share with you the — how this new Community Relations
Board in the City of Miami can help City of Miami. This would give a very good image in the other
community that here we are trying very hard to bring different minority, ethnic group together and has
opportunity to air, as Rabbi said, opportunity to air the concerns and who could — the Commissioner — the
CRB — Miami CRB (Community Relations Board) could advise Commissioners what the issue is prior to
this Commission hearing. Perhaps, this would help you and your image here as well. And I have been in
this area since 1964. I have seen the community change and I have been active in the Community Relations
function for the past 10 years. Asian Americans and also the black Americans. I'm the board member of the
Miami Dade Chamber of Commerce. I'm dedicating myself to find a solution. How different minorities can
live together. We are about 50 years ahead of the rest of the country in this area:- We have to find the key:
57 January 12, 1999
We have to teach the rest of the country when year 2050 comes, when nobody will be majority in this
Country.
Chairman Plummer: 1711 still be a Commissioner, though. Thank you, sir:
Mr. Whang: Thank you.
Mr. Sam Mason: Chairman Plummer, the distinguished Commissioners...
Chairman Plummer: Excuse me for one moment. The Chair is going to change the ruling. We're going to
hear Item 37, as requested. • Nothing else will betaken up until after the lunch break at two o'clock. . -
Commissioner Regalado: Thank you.
Chairman Plummer. Charlie, rm sorry..
Commissioner Regalado: Thank you.
Chairman Plummer: Go ahead, sir.
Vice Chairman Gort: Take the day off.. .-, r-
Mr. Mason: Our Manager, Mr. Warshaw. rm here to thank the Commission for bringing this resolution up
today and the community, who's here to support it. It is the most positive thing that could happen in the City
of Miami. We, as the community, support you. This effort is needed. Nineteen ninety-nine, we have to get
it together. You're all to be congratulated. And, hopefully, we could move it in a positive direction. We
need it. We have to have it. Thank you for your cooperation.
Chairman Plummer: So be it. Mr. Jacobs, would you please come over and meet with the people of the
City Attorney's Office in getting your views over also, that they'll be able to understand on the Supplemental
Waste Fee. The final speaker is that little guy over there. Ari, welcome...:.
Mr. Ari Sosa: Mr. Mayor, in his absence, Commissioners, Mr. Manager. My name is Ari Sosa and I am the
-- my mailing address is 5040 Northwest 7th Street. For 20 years. I have been helping direct efforts of
Community Relations in Dade County as Assistant Director or director of Community Relations. I don't
have to say because of many, many instances have I — I have told this community they need to have a
Community Relations Board. In all those 20 years, over 60 percent of the issues that we addressed were
from the City of Miami, so that gives you an idea of the need for a Community Relations Board. I think its
a good ordinance. I want to just relate directly to the ordinance. And I just want to say, first, that I think it's
a good ordinance but if I'm here and I'm standing here, I also need to say that it is very important for you to
recognize those individuals who are going to be members of the Community Relations Board are, you know,
to be totally independent in their idea, in the expression of their ideas. The reason I'm saying this, I'm a little
concerned about one —just one item within the ordinance, which talks about members of the staff advising
the Community Relations Board on a permanent basis. I think it's a great ordinance. I think its a great need
and, in any way that I can be of help, you know that I will.
Commissioner Regalado: Thank you. ; .. .
Chairman Plummer: As always, you've been there when needed: "
Vice Chairman Gort: Well, I can ask you for a favor right now. Some of the records from TUCOM that we
have at your office, if you can relocate it, we'll appreciate it.
Mr. Sosa: Absolutely.
Vice Chairman Gort: OK.
-58 January 12,1999
Mr. Sosa: Absolutely. This was a tremendous effort and I think that this is what is most important. I think
the Community Relations Board, the City of Miami Community Relations Board needs to just not center
only in their — you know, in that particular group of 18 board members but need to reach out in the way that
TUCOM did and in the way some of the programs that we had did. Thank you.
Commissioner Regalado: Thank you. I also want to say to the...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: ... members of the Commission that Tom Battle, from the Justice Department, has
offered all the help of the Justice Department in training members and staff of the Community Relations
Board. That's it.
Chairman Plummer: Mr. Regalado, are we talking 35 members of this board? -
Commissioner Regalado: No, sir.
Chairman Plummer: Oh. Mr. CityAttomey.
. -e... art'
Mr. Alejandro Vilarello (City Attorney): The ordinance, as written, provides that'each Commissioner has
five appointments, plus a seven member steering committee.
Commissioner Regalado: No. _ The ordinance says here, board — members of the board. It says, each
member shall be resident — my understanding was that one — I mean, two members, right? -
Chairman Plummer: I'm asking the question.
Commissioner Sanchez: Two members per Commissioner.
Chairman Plummer. Is. it two members per Commissioner? Is that — what is your — I mean, to me, that's
enough.
Commissioner Regalado: Yes, absolutely. That's what we discussed — Alex, that's why we discussed two...
Mr. Whang: No. If I may, the ordinance that's in front of me, and it says that there will be three members...
Chairman Plummer: Per Commissioner.
Mr. Whang: ... per Commissioner and also the Mayor, so there will be a total of 18 members. This is what it
says.
Chairman Plummer: How big is the one in the County?
Mr. Whang: The one in the County is 30. Twenty-six right now.
Chairman Plummer: But isn't that unwieldy to have that many people?
Commissioner Sanchez: That's a lot of people for the City. That's just too...
Mr. Whang: We have 13 Commissioners in the County. They have two each, so that's 26. Right.
Mr. Sosa: Each appointing two. And we do have several committees and...
Chairman Plummer: Can I make a suggestion?
59 January 12, 1999
Commissioner Regalado: Two each.
Chairman Plummer. My suggestion is two each and if we find that that's — we want to add, we can always
change the ordinance and increase it.
Commissioner Regalado: Right, two each. And the Mayor has two and...
Chairman Plummer. So, that would be 12.
Commissioner Regalado: Right, 12.
Commissioner Sanchez: Go ahead and make a motion.
Chairman Plummer: OK. Mr. Regalado should make the motion. It's his...
Commissioner Regalado: PIl just move the ordinance with the number stated here.
Commissioner Sanchez: Second.
Chairman Plummer. Seconded by Sanchez. Read the ordinance. .
Vice Chairman Gort: Also integrating TUCOM into that one, right?
Commissioner Regalado: Right.
Commissioner Teele: Also what?
Commissioner Regalado: TUCOM. TUCOM will be integrated into that when the paperwork...
Chairman Plummer: What? I didn't hear that.
Mr. Vilarello: Commissioner, I'll have to bring back legislation, making sure that we incorporate those
purposes of TUCOM into this and I'll do that at the next meeting.
Chairman Plummer: Read the ordinance.
[At this point, the City Attorney read the ordinance into the public record.]
Chairman Plummer: All right. Motion understood? Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Teele: we're voting — we have two members — two appointments each?
Mr. Vilarello: Two appointments for each Commissioner and two for the Mayor.
Commissioner Teele: Well, I fully support it and I agree that the number 15, 18 may appear to be unwieldy.
I didn't know we were going to move that quickly. My only point is this, in voting yes, we need to be very
careful that this board is reflective of the entire community and I think the fact that we had Asian Americans
and Jewish persons of faith speaking, as well as black and white and Cuban, shows that there is more than
just black, white and Cuban in this community and for a board like this to be effective, we need to ensure
that each of us appoint someone other than from our own perspective. And, 1 mean, while — obviously,
that's not in the law but I really do think that we need to make sure that we reach out and incorporate every
aspect of the community. I vote yes.
Chairman Plummer: In my voting a positive vote, I just want to put one word of caution. Keeping in mind
60 January 12,1999
that Community Relations Boards should be just that, to deal with all of the problems of the community and '
not, at any time, to be accused, as sometimes thought as, as a Civilian Review Board for the Police
Department. That is not their designated - but to do the entire problems of the community and that they
shall not be just a Civilian Review Board. There will be items that will pertain to the police but that's only
one part of the entire problems that they should deal with. I vote affirmatively. Commissioner Regalado, I
commend you, sir, for pushing this the way that you have. There's no question in my mind that it is
something that is past due, that is needed in this community, and through your leadership, sir, you're to be
commended. - . - I-,,. ,
Commissioner Regalado: Thank you, sir.
.. . ' . - � .a�_,y=..:•.. Y=:� .ram . � - � - ... , '...
61 January 12, 1999
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, `
ENTITLED - "ADMIMSTRATIONBOARDS, COMMITTEES,
COMMISSIONS," TO ESTABLISH THE COMMUNITY RELATIONS
BOARD; TO SET FORTH SAID BOARD'S PURPOSE, POWERS,
AND DUTIES; TO PROVIDE FOR TERMS OF OFFICE, OFFICERS,
MEETINGS; QUORUMS, REQUIREMENTS FOR MEMBERSHIP,
ATTENDANCE, AND FILLING OF VACANCIES, AND TO
PROVIDE FOR THE "SUNSET" REVIEW OF SAID BOARD EVERY
FOUR YEARS; MORE PARTICULARLY BY ADDING NEW
DIVISION 10, CONSISTING OF SECTIONS 2-1150 THROUGH 2-
1153, AND AMENDING SECTION 2-892 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE. �.
Passed on its first reading, by title, at the meeting of December 8, 1998, was taken 'up for its second and
final reading, by title, and adoption. - On motion of Commissioner Regalado, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort �. ,:
Commissioner Tomas Regalado
Commissioner Joe Sanchez --
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11742
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
62- January 12, 1999
12. (A) ACCEPT REPORT PRESENTED BY AIRPORT NOISE ABATEMENT COMMITTEE
(B) DIRECT CITY MANAGER TO REQUEST THAT MIAMI-DADS COUNTY DESIGNATE
OFFICIALS TO APPEAR BEFORE CITY COMMISSION ON JANUARY 26, 1999 TO EXPLAIN
DELAY IN ADDRESSING NOISE ABATEMENT PROCEDURES FOR CITY.
Chairman Plummer. Item 37 is the last item we will be hearing until after lunch. Mr. Regalado, this is also
your item.
Commissioner Regalado: Mr. Chairman, Members of the Commission, you all know that the City has been
involved in trying to reduce the noise coming .from Miami International Airport. Fortunately, the
administration recently got involved and, thank God, that very prominent residents also have participated in
those meetings. Unfortunately, the County has not moved the way that we would have wanted it and Miami
is the last municipality to have the noise detectors installed. I think that that is already been moved forward.
And I'd like to, first of all, commend the work of two persons that were pioneers on this issue, Captain
Eduardo Ferrer and Captain Patrick McCoy, Tory Jacobs, Steve Owens, people from Grapeland and Dena
now, representing the City, had been a great help, at least to tell the County that we mean business. I've mad
the different reports and what we have now, if it gets implemented, I would assure you that it will reduce the
noise. I would have requested for more. Dena met with me last night and I- told her that I would want
something very different but what we have now will, without any doubt, reduce the noise in the City of
Miami. • -. T . .
Chairman Plummer: What action do you wish to take here today?
Commissioner Regalado: To approve the report that Dena is going to offer us and...
Chairman Plummer: All right. Dena, you ready to give the report?
Ms. Dena Bianchino (Assistant City Manager): Yes, sir. I sent a copy of this memo to all the
commissioners. It's dated January 8th. I will be brief. We have been meeting on a regular basis with the
Dade County Noise Abatement Task Force. I represent the City. We have several people here, who I will
introduce afterwards, who are residents of the City, who are also on the task force. Until this date, no
substantive plan has been put together to address noise concerns for the'City of Miami. Great pains are
being taken to wont' about Miami Beach, Key Biscayne and Fisher Island. There are several issues that I
think need to be addressed to the County. The County has approved the installation of noise detectors after
some time; however, they have made no advances toward us, to this date, to get those noise detectors
installed. I think that needs to be addressed. We did write them a letter and we asked them for a schedule.
Also, the County is proposing a tracking system, which will narrow down where airplanes can take off and
land and, by doing that, try to avoid populated areas. While they have developed this system, they have not
developed any system of fines or punishments for aircraft that fly outside of the tracking zone. So, I think
it's important that the City Commission ask the County Commission what recourse do we have, if we find
that eighty thousand airplane are flying all over the place and outside the tracking systems, what sort of
punishment or fine is the airport prepared to levy against the aircraft that are not following the procedures?
The Noise Abatement Task Force did a very positive thing, which was to set up a Chief Pilot Subcommittee.
There were representatives from several different airlines on the committee and they represented the
following, which we agreed with wholeheartedly. Preferential runway use that would use west take -offs
whenever possible. They don't do that now. The elimination of inner section take -offs, which allows
aircraft to use a shorter runway span, rather than using the full length of the runway and, therefore, allowing
the noise to dissipate. Changing the vertical noise, the climb profile of the airplanes. Right now, they kind
of go like this and there's a climb profile that can be utilized that the airline pilots support and does not need
FAA (Federal Aviation Association) approval, which is a more steep descent and then a leveling off, and the
Pilot Subcommittee, as well as most of the members of the Noise Abatement Task Force, are very much in
favor of this. It's something that Dade County Aviation can institute, if they so desire it. It doesn't require
any approvals.
Chairman Plummer: You know why she's so up on all of this. She lives on the 27th floor on Brickell and
63 January 12, 1999
she sits there and watches it. You know...
Commissioner Regalado: But, you know, J.L., if we don't do something now, after the fourth runway...
Chairman Plummer: Well, let me tell you my suggestion.
Commissioner Regalado: I know. Let me tell you. What she's saying is very easy to implement. The only
thing is that, it's going to cost the airlines a little more money. That's all. They can — no, a little more
money. I mean, I think that American Airlines — and Patrick McCoy is here — is favorable to that scenario
and I hope that, you know, when it goes to the County Commission, that we will be able to lobby in a way
that they would approve that.
Chairman Plummer: Why don't we invite someone to come here at our next Commission meeting from the
County, and let them come here and let them answer the questions, why they're not proceeding. Let me tell
you something. You know, this is brought up by Regalado and I commend him for it, but Troy Jacobs is
here from the Brickell Homeowners and there is not a meeting — a monthly meeting of theirs that goes by
that they don't speak to the issue very strongly, very loudly, and rightfully so, because every time the
weather turns a little cold, you could stand on these Brickell condos and almost grab the tires of these damn
airplanes as they're coming over because that's their pattern of coming in, right over the Brickell Avenue, to
come in during the cold weather. And the other times they take off over us to go to South American. What
would be wrong, Mr. Manager, with inviting — asking Merritt Steirheim to have someone come here to this
City Commission on the 26th and, you know, answer these questions? Why are we not getting results?
Because we're not — you know, I mean,. this idea of putting machines in Wainwright Park and they're talking
about they're going to install them when they damn well please. This thing has got to get some answers.
The people who I represented in my district, as well as all of the rest of us, they're fed up with it. They are
fed up with it. And I just think that having someone here from the County is the answer. I really do.
Mr. Donald Warshaw (City Manager): I agree. Now that we have a good snapshot of what the issues are, I
think it would be appropriate to...
Chairman Plummer: And Dena can out -talk them all.
Commissioner Regalado: Yeah. But, you know, the only thing that we need to do is just lobby the County
Commission so they'll put it in the agenda, this suggestion of the Pilot Subcommittee. They put it on the
agenda. If they recommend it, the Dade Aviation Department will take that, as Dena said, this does not
meet FAA approval. I would rather have — instead of the 1500, I would rather have 800 right but that's my
opinion. And — but Patrick, understand, he's a pilot. He's going to fly out of Miami this afternoon. So, you.
know, he understands and he will tell us that, if the County Commission approves this — the County
Government approves this, noise in the City of Miami — in all the City of Miami will be drastically reduced.
Chairman Plummer: All right. What are you recommending?
Mr. Patrick McCoy: I would like to listen to the rest of Ms. Bianchino's report.
Chairman Plummer: Oh, I thought she was finished.
Ms. Bianchino: Really, I'm finished. I wanted to recognize Stephen Owens, who's a member of the group
from Brickell Key and Tory Jacobs and Patrick McCoy, and I don't see him here now but he was earlier,
Charles Flowers from the City of Miami, is a representative as well on the committee. I think we have two
choices. One is for the Mayor and the Commissioners to draft a letter to the County, asking that these be
implemented or as, Commissioner Plummer has suggested, we write Merritt Steirheim and request
representation here at the City Commission.
Chairman Gort: Move it.
64
January 12, 1999
104119
11
Chairman Plummer: OK. Mr. Owen, do you have a conflict of interest having the City Manager live over
there? Is that a conflict of interest?
Mr. Stephen Owens: I don't have a conflict of interest.
Mr. Warshaw: Neither do I.
Chairman Plummer. OK. You want to add anything else? =
Mr. McCoy: My name is Patrick McCoy and I live at 679 Northeast 58th Street. I'm a resident of the City
of Miami.
Chairman Plummer: The real McCoy. -
Mr. McCoy: That's what my father says. rm a captain with American Airlines and I'm here today, not as a
resident but as a representative of the subcommittee that actually put together this report. I encourage you to
endorse it today. I think its possibly worthy to have the County come and answer questions before you next
month but I think its important today that you finish this business. And I think, in addition to endorsing it,
you have to vigorously pursue it. The County needs to know that this is an important issue for the City of
Miami and, as Miss Bianchino has already said, the items in this report, which you have before you, can be
implemented almost immediately. The subcommittee...
Chairman Plummer: Moved by Regalado.
Mr. McCoy: Well, just...
Chairman Plummer: Seconded by Gort.
Mr. McCoy: I want to add one thing, though. The subcommittee represents the users of the airport. We,
the tenants, are telling you, this is what we are willing to do. So, the incremental -increase in costs, as
Commissioner Regalado mentioned, is something were willing to absorb in order to address the noise
pollution issue. Thank you.
J
Chairman Plummer: Moved by Regalado. Seconded by Gort. Any further discussion? Mr. Jacobs, you
want to comment quickly?
Mr. Tory Jacobs: Very quickly. Tory Jacobs. I live at 145 Southeast 25th Road, Miami. I'm representing
the Brickell Homeowner's Association. Commissioner Plummer has, as he said, been at a number of our
board meetings. It's a matter of tremendous concern to our neighborhood. Not just as a matter of lifestyle, of
comfort, not being subjected to the noise, but this is a matter of great economic impact to the City of Miami
and to the County. The airport is a major revenue source for our community and noise — this noise is
virtually affecting the saleability of the condominiums, the rentability, the livability, and also the
commercial aspects of the rental. So, its far more than just a little noise. It's really got to do with the
viability of this region and I urge the City Commission to give it its full support because the County has just
not been moving on it. There's something bureaucratic happening out there that we are hard put to
understand.
Chairman Plummer: We're used to that. You're not.
Mr. Jacobs: One other thing I'd like to clarify. The City Commission has supported the 150 proposal, .
which has to do with spending a lot of money to soundproof homes in the area and this is a different
proposal. This proposal doesn't cost very much money, which the other one does. This one can be
implemented immediately. The other one takes four or five years. And though I think we have to leave it in
place as an incentive to get the County to move because the County, obviously, doesn't want to spend that
kind of money. This is the much less expensive, but don't abandon the other proposal that you have
supported. Leave it in place as a lever to enhance the acquisition of the County in support of this. Thank
65 January 12, 1999
you.
Chairman Plummer: Thank you, sir. You wish to comment? Very quickly, please.
Mr. Stephen Owens: Steven Owens, 888 Brickell Key Drive, City of Miami. I'd just like to endorse also
what Tory's saying. Three years ago, in the Brickell area, selling condominiums or renting office space, we
had very few comments about airline noise. Today, it is one of the biggest concerns that people have. And
I'm not here talking on behalf of one of your more active developers. I'm. here as a resident, who continually
hears about this problem. There's a ground swell in the area and I think it will expand. People are very
concerned about the noise issue. You have to stop business meetings in your conference rooms because of
the noise issue. It's a growing problem and if we don't do something about it, it's going to affect our
development efforts in the urban area. So, its not just Brickell. It's going to be downtown as well. But,
somehow, we've got to get the County to move off the dime. And rm a member of this committee. I'm
seeing very little effective activity taken. rm seeing a lot of meetings. rm seeing a lot of discussions. And
we need the City's leadership to take place in pushing this agenda so that we can move forward on it.
Chairman Plummer. Thank you, sir. Motion is made and duly seconded. Is there any further discussion?
All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer. All opposed? Show unanimous ballot.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-28
A MOTION ACCEPTING THE REPORT PRESENTED BY THE
AIRPORT NOISE ABATEMENT COMMITTEE; FURTHER
DIRECTING THE CITY MANAGER TO REQUEST THAT -
DESIGNATED OFFICIALS FROM THE COUNTY APPEAR AT THE
NEXT COMMISSION MEETING, PRESENTLY SCHEDULED FOR
JANUARY 26, 1999, FOR THE PURPOSE OF EXPLAINING WHY
(THROUGH ITS DADE COUNTY AIRPORT NOISE ABATEMENT
COMMITTEE) HAS IT NOT PROCEEDED IN ADDRESSING NOISE
ABATEMENT, PARTICULARLY AS IT AFFECTS THE CITY OF
MIAMI, AND FAILURE OF PRODUCING ANY SUBSTANTIVE
RESULTS IN CONNECTION WITH SAME.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: This matter of this Commission will reconvene at now 2:30.
Vice Chairman Gort: My suggestion, contact all the NET, all the neighborhood organizations so they can
start making phone calls.
66 January 12, 1999
r
;e.;.Mti+^-!1bW'.,r A�^- ►•r.�`�, , - `!r .� - _ ,Finn.: R. �:e+F •- > •.o_.r-w.. ,.. .- - _
Chairman Plummer: Two thirty.
Commissioner Sanchez: Can I...
Chairman Plummer. Two o'clock Latin.
Commissioner Sanchez- The reason is, I have some people bussed in.
Chairman Plummer. You have to what? -
Commissioner Sanchez: Tight schedule. I have some people who bussed in.
Commissioner Teele: Two fifteen.. -
Chairman Plummer. That sounds like a railroad job.
Commissioner Regalado: Two fifteen. -
Commissioner Teele: Two fifteen.
13(A) DIRECT ADMINISTRATION TO HAVE NUISANCE ABATEMENT BOARD
REPRESENTATIVES AND POLICE LIEUTENANT WATKINS PRESENT _ TO APPEAR LATER IN
THE MEETING.
(B) DIRECT CITY ATTORNEY TO ' ADVISE COMMISSION ON LEGALITY OF' ASKING
INDIVIDUALS PUSHING GROCERY CARTS TO PROVE OWNERSHIP OF THOSE CARTS.
(C) DIRECT ADMINISTRATION TO RECOMMEND TO BASIC TRAINING GROUP TO JOIN
CITY'S LOT CLEARING EFFORTS IN OVERTOWN. _ .. _
(D) COMMENTS MADE IN SPANISH EXPLAINING NEED FOR QUORUM IN ORDER TO
RECONVENE COMMISSION MEETING.
(E) DIRECT ADMINISTRATION TO PROVIDE CHAIRMAN PLUMMER WITH COPIES IF
COCONUT GROVE TRAFFIC STUDY.COMMENTS IN SPANISH ABOUT USE OF PLACARDS
AND SIGNS IN COMMISSION CHAMBERS
Chairman Plummer: Two ten, all right. We'll see all of you around 2:30. Mr. Manager, I would like
someone here from the Nuisance Abatement Board for the afternoon. I have a matter to discuss.
[THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:21 P.M. AND RECOVENED
AT 2:23 P.M., WITH MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT
CITY COMMISSIONERS TEELE AND GORT. THE FOLLOWING COMMENTS (SECTION 13)
WERE PAID PRIOR TO OFFICIALLY RECONVENING.]
Chairman Plummer: Mr. Manager, through you to Mr. Buhrmaster. Mr. Buhrmaster, what constitutes
grand larceny? How much? Over three hundred? Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Plummer: I would like you to investigate — Mr. Manager, I want you to hear this. Mr. City
Attorney?
Mr. Vilarello: Yes, sir. =
Chairman Plummer: Is it not illegal for people who are pushing grocery carts around, that do not belong to
them, that have no groceries in them, that it is to be assumed that they are stolen? . OK. Don't they have to
prove that they have ownership of that?
67 January 12, 1999
Mr. John Buhrmaster. Yeah, but it's — they really don't because it's a different — they've been stamped...
Mr. Vilarello: If it doesn't have...
Chairman Plummer:. I thought proof of ownership had to be on them.
Mr. Buhrmaster: About what?
Chairman Plummer: Proof of ownership had to be on them.
Mr. Vilarello: Grocery carts are personal property. Prove that pen's yours.
Chairman Plummer: Huh?
Mr. Vilarello: Prove that pen's yours.
Chairman Plummer: I can't.
Mr. Vilarello: You have documentation on you?
Chairman Plummer: Yes. I just thought it would be a good way to get them off the streets. Let me tell you
something. We arrested a guy in Coconut Grove one time because we couldn't get him for anything else.
Mr. Clerk, we did Item 7, correct? No?- All right. We did Item 9?
Mr. Walter Foeman (City Clerk): Yes.
Chairman Plummer. And we did Item 37?
Mr. Foeman: Yes.
Mr. Warshaw: Item 7 is the next one.
Chairman Plummer: Item — no.
Mr. Warshaw: Well, I mean it's the next numerical one.
Chairman Plummer: I've got to give in to Joe -Joe, the dog face boy. (phonetic).
Commissioner Sanchez: Mr. Chairman, I'd like to just give them some instructions, reference the bus
picking them up.
Chairman Plummer: Absolutely.
Commissioner Sanchez: In Spanish.
Chairman Plummer: Absolutely.
[At this point, Commissioner Sanchez addressed audience in Spanish, reference Item 42, concerning the
bus]
Chairman Plummer: Explain to them, Joe, that were waiting for at least a third.
[At this point, Commissioner Sanchez addressed audience in Spanish, reference time starting]
Chairman Plummer: You had to say all of that to tell them were waiting for a third? Mr. Manager, through
you and to Dena — I don't know if Basic Training people are looking for work or jobs. You might suggest to
68 . January 12, 1999
�"�i'T, ..a:uji�h w.,. -. v. -.!'a--�-� "R-.�a`•1.:.'1.�.G'; t -- =s. -
them that they consider to join in on the lot clearing program.- Gwen Warren has money to buy equipment
and they could do the work in Overtown. They could derive an income, put groceries on the table. They
will do training and the only thing that we need to help them with or anybody that applies, local people,
would be the insurance problem, and I'm sure that we can work that out because were already working it out
for some others. But I think it would be a tremendous way of them being self-sustaining and having jobs
and I think it would be something very much worth while.
Mr. David Perkins: Are you going to put that in writing?
Chairman Plummer. Say what?
Mr. Perkins: You going to put it in writing?
Chairman Plummer: Sir, my word is my bond.
Mr. Perkins: Well, we still want it in writing.
Chairman Plummer: You don't need it in writing. ,
Commissioner Sanchez: We'll write it on a rock for you.
Chairman Plummer. The day I need something in writing, Pll shoot you.
Mr. Perkins: Oh, no. You know, I'm in that area.
Chairman Plummer: I hear you.
Mr. Perkins: All right, then. We want it in writing. M
Chairman Plummer: Right. Good ole Davy. Charlie, are you in a major hurry? Because we're (going to
take up these two items so these people can go back home first. Is Maggie here? Where? Well, I want her
to have the Manager explain why it's going to be summer before we get the curbing in at McFarland and
Grand.
Vice Chairman Gort: Why would ?
Chairman Plummer: Because she's the one that's in Planning. Then we need Mr. Kay here. Mr. Kay, for
the record.
Mr. Jim Kay (Director, Public Works): Yes, sir
Chairman Plummer: We were told last night in this meeting — Mr. Manager, I want you to hear this = that
one of the great things that could be done in Coconut Grove to relieve traffic on Main Highway was the
implementation of that curbing at McFarland and Grand. You understand what I'm saying? You don't
understand.
Mr. Kay: I know the plan on McFarland and Grand but I don't...
Chairman Plummer: OK. What I'm asking —the question is, we were told last night, the money is there, the
project is there, but they're not going to do it until summer and I'd like to have an explanation as to why. It
should be done now. I . -
Mr. Kay: I'll have to get back to you on that. .
Chairman Plummer: It's just curbing. That's all it is. OK. Dena, who has the copies of the Coconut Grove
Traffic Study? ;
69 January 12, 1999
1
Ms. Dena Bianchino (Assistant City Manager): Coconut Grove Planning Study?
Mr. Warshaw: Planning Study.
Chairman Plummer. Is it the Planning and Traffic? Is it combined? Done by the University of Miami?
Yes. I need six copies of it, so we can coordinate that with Metropolitan Dade County. Hey, you know, you
guys put me on all these blasted committees. I got mine here..
[At this point, Commissioner Sanchez addresses audience in Spanish, reference hand held fans with the
Commissioner's name printed on them]
Commissioner Sanchez: Hey, note for the record that they're all being picked up.
Chairman Plummer: We're waiting for a thud person.' We had originally talked about 2:30. Walter, will
you see if there's another Commissioner "e house? All right. Joe, would you see if you can get
Regalado up here? .
Commissioner Sanchez: Yes. Do you want to walk the isles and shake some hands? Feel free.
Chairman Plummer.- He already did, Mr. Manager, this meeting is now in order,
} 4V,
1+
Commissioner Sanchez: No more signs? They've all been picked up?
Chairman Plummer. 'rimcias." It is the request of — we need the lights on: I mean, this is vocal. • ,
[At this point, 2:23 p.m. the commission officially reconvened.] =
14. ACCEPT DONATION OF SURPLUS FUNDS FROM COMMISSIONER JOE SANCHEZ'
CAMPAIGN ACCOUNT — FOR SOLE PURPOSE TO INCREASE POLICE PROTECTION AND
CRIME PREVENTION IN ROBERT KING HIGH / HALEY SOFGE / MARTIN FINE PUBLIC
HOUSING PROJECT — SEE LABEL 5.
Chairman Plummer: Who's supposed to — i ;tEhe television not working or it's not working? All right. At
the request of Commissioner Sanchez, we will acquiesce to his request, that we hear CA-28 and,
immediately following that, will be regular agenda 28. I'm song, 42. Commissioner Sanchez, you have the
floor for an opening statement. I have the list of a number of people who wish to speak and they will be
limited to two minutes. Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman.
Chairman Plummer: Wait, wait, wait. "Oye." Silence, "por favor."
Commissioner Sanchez: Thank you, Mr. Chairman. I have two items. One on Consent Agenda 28, which I
asked earlier to table, and I would like to bring out and discuss now. And, also, due to the circumstances
that I had, some of my constituents bussed in from Robert King High in a bus. I would also like to follow
up with Item Number 42, which is the air conditioning item. If you would allow that?
Chairman Plummer: Which one you want first?
Commissioner Sanchez: I would like to bring out Consent Agenda Number 28.
Chairman Plummer: It's on the floor for discussion.
Commissioner Sanchez: Thank you, Mr. Chair. When I started my bid for re-election, I had many
supporters and friends that contributed to my campaign after some expenses and fortunate luck of having no
70 January 12, 1999
opponent, I had the option to donate surplus_ funds throughout my community, which I did, to many
non-profit charitable in dealing with worthy, needed organizations. In addition, seeing the need that the City
has, I had decided to donate the rest of the money to the City of Miami. My original intent to donate to the
non -budget revenue fund was changed when the current wave of crime robbed public housing near the
Orange Bowl, better known as Robert King High, Martin Five and Holly Sophie. At that time, I decided to
donate the money that I had left over from my campaign, which was a total of eight thousand four hundred
and seventy-five dollars and eighty cents ($8,475.80) to the City of Miami for the purpose and the sole
purpose of adding additional police protection to that area there to protect the elderly, and 1 made a check
that I would like to present and its a total of eight thousand four hundred and seventy-five, money which I
consider to be good government. (applause) Thank you. A resolution of the City of Miami Commissioner
accepting the donation of funds in the amount of eight thousand four hundred and seventy-five dollars and
eighty cents ($8,475.80). The surplus funds on deposit in the Commissioner Joe Sanchez' campaign
account, to be deposited in the general revenue fund and miscellaneous revenue accounts, transferring said
expense for Special Program and Accounts for the sole purpose of increasing police protection and crime
prevention to the Robert King High Towers, Martin Five and Haley Sophie Building by expanding the HUD
(Housing and Urban Development) overtime police security program. I will respectfully request the director
of the Finance Department to issue said check to Miami -Dade House Agency to increase the appropriation
for the sole purpose of increasing police protection and crime prevention to Robert King High Towers,
Martin Five and Haley Sofge Building. Therefore, I would respectfully request that..,.
Chairman Plummer. Moved by Sanchez. Seconded by Regalado. - Mr. Regalado, -since we don't
Commissioner Sanchez blowing his horn, would you briefly just say in Spanish what he said forever in
English?
Commissioner Sanchez: He'll translate.
[At this point, Commissioner Regalado addressed audience in Spanish, reference Item CA-28] (Applause)
Commissioner Sanchez: At this time, it'll be an honor for me to present this check to the City Manager and
members of the Police Department. (Applause)
ChairmanPlummer: Item 42. Commissioner Sanchez.
Mr. Vilarello: Mr. Chairman?
Chairman Plummer: Excuse me. Mr. City Attorney.
Mr. Vilarello: I'd like to note for the record that the resolution that was adopted is different than the one
that's in the agenda package. It's a substitute resolution.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous ballot.
71 January 12, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-29 `
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE DONATION OF FUNDS, IN THE AMOUNT OF $8,475.80, THE
SURPLUS FUNDS ON DEPOSIT IN COMMISSIONER JOE
SANCHEZ' CAMPAIGN ACCOUNT, TO BE DEPOSITED IN THE
GENERAL REVENUE -FUND IN THE -MISCELLANEOUS
REVENUE ACCOUNT, TRANSFERRING SAID EXPENSES FROM
SPECIAL PROGRAM AND ACCOUNTS, FOR THE SOLE PURPOSE
OF INCREASING POLICE - PROTECTION . , AND CRIME
PREVENTION TO THE ROBERT KING HIGH TOWERS, AND
MARTIN FINE AND HALEY SOFGE BUILDINGS BY EXPANDING
THE HUD (HOUSING URBAN DEVELOPMENT) OVERTIME
POLICE SECURITY PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by ' Commissioner Regalado; the resolution. was. passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado.`-
Commissioner Joe Sanchez .
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort.
Commissioner Arthur E. Teele, Jr.
15. (A) REAFFIRM INTENT OF RESOLUTION 96-482 TO ALLOCATE / APPROPRIATE
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS — FOR AIR CONDITIONING AT
ROBERT KING HIGH TOWERS.
(B) PERSONAL APPEARANCE: DELIA MARBOSA TO REQUEST INVITATION TO
ATTEND MEETING BETWEEN CITY AND RENE RODRIGUEZ, MIAMI-DADE -PUBLIC
HOUSING DIRECTOR IN CONNECTION WITH AIR CONDITIONING FOR ROBERT KING HIGH
TOWERS.
Chairman Plummer: Item 42.
Commissioner Sanchez: Thank you, Mr. Chairman. This is an item that has been going on since 1996.
Chairman Plummer: Are you familiar with this?
Commissioner Sanchez: Mr. City Manager and Mr. City Attorney, are you familiar with this resolution?
This is Resolution 96482, which was established in 1996, of a donation that was to be given to Robert King
High to complete the total amount of two million dollars ($2,000,000) for air conditioning at Robert King
High. The County has allocated one point five million dollars ($1,500,000). The five thousand dollars
($5,000) that are out there was allocated in 1996 through a loan process. This money came from CDBG
(Community Development Block Grants) money, not from the general fund account. This resolution was a
contract. It was a deal. It was put in writing. It was a promise that apparently was never kept. Based on
losing twenty-six million dollars ($26,000,000) from an incident which occurred with a project named Carr
Four, after research of all this information, which is all public record, the City was in a situation where it
was going to be sued for discriminating against a housing facility that was going to house so-called
criminals or people that had a record of some type of crime. Now, they were sued — the City sued = they
72 January 12, 1999
threatened to sue the City and a lot of the members had fought for this and there were, through negotiations,
some type of agreements that were kept. One of the agreements was, that five hundred thousand dollars
($500,000) going to be allocated to complete the air conditioning in 1996. Now, it was a practice years ago
in this government and through false information and, basically, pure lies that this money was taken from
that account and used for something else. So, years passed by and the people who end up suffering are the
elderly that live in that housing project or that facility that are — I would say about 70 percent are older than
70 years old. Many suffer from respiratory diseases. Many have to spend summers and summers battling a
hundred degrees and still they complain and complain and it was a promise that was never kept. And that
was one of the things that I took upon myself to try to see what I could do to get these air conditioners
installed because, really, its no fault of theirs. It was a deal that was come to an agreement and I'm — It's
another issue that I was deal with, Mr. Chairman and Mr. City Manager, with time, and that's Carr Four.
Because I believe that a lot of their promises were never kept, but rll deal with them later. But hi tell you
what we can't continue to do and that's something that I don't think anybody here's not going to support me
on it. Mr. Plummer, I know you won't. And, Mr. Commissioner Regalado, I know you won't either. And
that is, we cannot continue to give promises that are never going to be kept and that's been something in the
past that has come. We steal from Peter to give to Paul and still the people suffer. So, that's why I wanted
to bring it out. And I want to commend the City Manager and its staff because we've had several meetings,
where the resolution still is in place and it exist. So, rve contacted the County Commission and they've said
that the money's there. There's one point five million dollars ($1,500,000) there. All that we need to do is
come up with the five hundred thousand dollars ($500,000) that was promised and is never delivered and I
cannot wait and these people cannot wait for another year of high temperatures in the summertime.. And,
right now, even with the cold weather. They don't have any heating in those facilities. So, that — I feel that
is a part of my responsibility. As an elected official, is basically to take care of our youth and also of our
elderly. So, I ask you, in full support, to please endorse — help me support this resolution,. which is
established, so we don't need to create another one. We don't need to have a public hearing. Its there. I just
ask that, please, the money was allocated. Do what you know is right. If the money's there, come up with it
and put it to work because these people deserve air conditions. We're all going to be old one day. And you
know what, when we get old, we hope that we have a facility that takes care of us, just like Robert King
High and these facilities do for these people. So, Mr. Chairman, I ask...
Chairman Plummer: Thank you, sir. You have a couple of speakers.
Commissioner Sanchez: Yes, sir, I do.
Chairman Plummer: I'd ask the speakers not to be repetitious. The matter at this point is going to pass and
all you can do is hurt your chances if you speak too long. I'll give you one minute per speaker. We ask you,
again, don't be repeating.
Commissioner Sanchez: Can we have Commissioner Regalado translate that for them, please? -
Chairman Plummer: He doesn't know how to do it briefly.
Commissioner Regalado: I do.
Chairman Plummer: Go ahead.
[At this point, Commissioner Regalado addressed the audience in Spanish, reference Item 42]
Chairman Plummer: Thank you, sir. I will, again, say that we have seven speakers. I -ask you, please, to
hold your remarks to one minute so we can get it done. Mr. Vega, you're first. Enrique.
Mr. Enrique Vega: Good afternoon to the Commission and all the assistant people here, the ones that are
here. My name -is Enrique Vega and I am the president of Robert King High Resident Association and I live
in the same building 1403 Northwest 7th Street, Apt 205. Now, we're here now at almost three years later
for something that it was to give to the foot (phonetic) of the Commission at that time and not only that, the
Commission, the City of Miami did something to us very bad.. Mr. Pablo Canton signed a letter under the
73 January 12, 1999
name of the City of Miami, NET of City of Little Havana and then said that there was no problem having
Carr Four surplus to us.. And despite that they had a provision at that time that had to be no less than 250
feet and it was too close, but they notified the Zoning in order to facilitate this. What happened? Because
the president of the Carr Four Corporation at that time had been the president of Greater Miami Chamber of
Commerce. So, it was politics in the middle and at the expense of the lives of the people who live in public
housing. Elderly persons, we don't have anybody — any lawyer to defend us. We have to fight ourselves.
Chairman Plummer: Mr. Vega?
Mr. Vega: Yeah.
Chairman Plummer: Please. .
Mr. Vega: Yeah. So, I beg, on the name — under the name of Robert King High Resident Association and
the residents there that we want to live free. Now, we have that. I have been elected in the community
group form in Carr Four. I am the secretary now. That project is being done now in the way we want it.
We do not have — we didn't want divisions between the 40 units that had been — to people that had been
rehabilitated or 30 sites — 36 that were not. So, everything is doing something now. I think we are looking
for that part. But we need the five hundred thousand dollars ($500,000).
Chairman Plummer: All right. Thank you, sir.
Mr. Vega: I had a meeting with the Mayor and he said that he had the money but he would not give the
money to Miami -Dade Housing Agency because they had let somebody from the County or some contractor
do that for the sample of two air conditioners, had been six months. So, I only beg to all of you to consider
that, inspite that this building was built with the intention of not having air conditioning, it's impossible to
live that way.
Chairman Plummer: All right. Thank you very much, sir. (Applause) Is it Viatus?
Ms. Celeste Fleite: Fleite.
Commissioner Sanchez: Fleite.
Chairman Plummer: Fleite.
Ms. Fleite: My name is Celeste Fleite.
Unidentified Speaker: (interpreting for Ms. Fleite) She's the Vice President of the building. She lives in
Apartment 416 of the Robert King High Tower Number 1505. There are people who not aired and cannot
breathe.
Chairman Plummer: All right.
Commissioner Sanchez: I'm going to translate. (Applause) She's saying that there's a lot of people that
reside in that building that suffer from bad health and they constantly complain that, you know, the heat's
too much and they can't breathe and it's something that, you know, through it all, either the County or the
City one day will probably be held liable for something and that's something that needs to be addressed.
Chairman Plummer: All right.
Ms. Fleite: Thank you.
Chairman Plummer: Sofi Delgado.
74 January 12, 1999
rv-
Sofia Delgado: - [Unidentified Speaker translating] Good afternoon all. In the name of Robert King High,
it is not the fast time — imagine your own mother in that building, where there is heat. It's impossible to —
that we have a community that — (applause)
Chairman Plummer. Thank you. Mr. Cobo.
[At this point, Ms. Delgado is addressing the City Commission in Spanish]
Chairman Plummer. Thank you.
Commissioner Sanchez: Half a million dollar question.
Chairman Plummer. Mr. Cobo. -- -
[At this point, Mr. Felix Cobo addressed the Commission in Spanish] (Applause)
Chairman Plummer. Thank you, sir.
[At this point, Mr. Felix Cobo continued to address the City Commission in Spanish] (Applause)
Chairman Plummer: Castro. Castro.
[At this point, Mr. Luis Castro addressed the City Commission in Spanish] (Applause)
Chairman Plummer: "Gracias." Delia Marbosa. Delia. OK:
Commissioner Regalado: Delia Marbosa.
Chairman Plummer: What happened to the beep tone after the one minute is up?
Ms. Delia Marbosa: Good afternoon.
Chairman Plummer: Good afternoon.
Ms. Marbosa: And I want to make it brief. I have been on this project of the air conditioning since 1989. I
have been on TV. I have been in the Miami Herald and all of you know me because, since I was coming
here, a lot of Commissioners have left for different reasons and the new ones that are here even know me.
Mr. Regalado, I have asked in every way possible — I went to Washington on my own expense and I spoke
to Mr. Cisneros — that we needed air in 1990 and we're still suffering. All of us that are old, that have many
illnesses, we need air. It's not fair to keep us in the conditions in which we are living. I thank you and I'm
sure that all of you are aware that is, when we get older, we do need our air for comfort. That promise. This
is a Sunshine State and when the sun shines, it really shines.
Chairman Plummer: Thank you, ma'am. The concluding speaker is Terry.
Ms. Teresita Gyori: My name is Teresita Gyori. I reside at 1718 Southwest 17th Avenue. Good afternoon,
Commissioners. Thank you for giving us the opportunity, especially Commissioner Joe Sanchez He went
to Robert King High, I was notified Wednesday of last week, in reference to this issue. I have always done
everything possible in my means to help the elderly, nineteen ninety-six, when this issue actually arose.
This was in 1995. We went ahead and tried to understand what was going on in the building. I don't want
to reiterate everything that everybody's mentioned.
Chairman Plummer: It's not necessary.
Ms. Gyori: It's not necessary. But one of the things that, when we went ahead and we're at the table
75 January 12, 1999
negotiating, we were looking at what is necessary for the elderly, and specially because they were hurting
such a cruel way. We negotiated the air conditioner at five hundred thousand dollars ($500,000). I know
Commissioner J.L. Plummer, you've always done everything for the elderly, especially when CDBG comes
along, you look at the sheet and you say, the first thing I want is food for the elderly. This is something for
them for 345 days for the rest of their life. But in the topic, this is something that we thought that we didn't
have to come to this because you know how many times we've come here.
Chairman Plummer: You're going to be pleased.
Ms. Gyori: We've come here. Thank you.
Chairman Plummer: Mr. Sanchez, a motion.
Commissioner Sanchez: My understanding is, from speaking to the City Manager, that the resolution still is
enacted. I don't need to make a motion on this, unless I'm advised, but...
Chairman Plummer: Reaffirm.
Commissioner Sanchez: Yeah. A motion to affirm.
Chairman Plummer: Reaffirm a motion. Seconded by Regalado. Mr. Regalado, would you tell them what
we're doing?
Commissioner Regalado: Yes. But first I'd like to understand something. Mr. Manager, we do have the
money available?
Mr. Donald Warshaw (City Manager): We were going to take the money from the new allocation of CDBG
funds in the spring. Now, the monies were allocated in 1996 but never given to the project.
[Note for the Record, Commissioner Gort entered the Commission chambers at 2:51 p.m.]
Commissioner Regalado: So, they will be able to leave here with the assurance that this money will be
allocated, given to the Miami -Dade County Housing Agency, so they will start? Now, I got another
question. And I could call on Joe. You could call also Rene Rodriguez. But with assurances that the City
is giving them now, could the housing agency be told that they will be getting that money and that they can
start -- they can abandon their pilot program and start the whole reprogramming of the construction. Is
that...
Ms. Dena Bianchino (Assistant City Manager): We will make the request to the County. Their current time
schedule calls for modernization, starting in October. We're going to request and tell them that you've
requested that they start this project sooner than October.
Commissioner Sanchez: Before summer. I would hope before summer.
Ms. Bianchino: We will make every effort to get them to try to do that.
Mr. Warshaw: We're going to use this five hundred thousand dollars ($500,000) to pressure them to come
up with their share and move forward.
Commissioner Regalado: One thing I would like to also announce, and maybe the City Attorney will be
present in the meeting with Rene Rodriguez, Director of HUD. I will be there and any other members of the
Commission are invited if we publicize this meeting. But the reason for this meeting, is that Mr. Rodriguez
and a County attorney will be talking about the possibility of fixing the rates for the cable TV in the housing
buildings.
Chairman Plummer: All right.
76 January 12, 1999
Commissioner Regalado: Excuse me. But what my — since we're going to meet next week with Mr.
Rodriguez on this issue, I urge the administration to have somebody there so we can discuss, at that time, the
time table for the installation of the air conditioners.
Chairman Plummer: OK. Mr. Gort, you would like to say a few words?
Commissioner Sanchez: May I? Would you yield for me, please?
Vice Chairman Gort: Sure.
Commissioner Sanchez: Mr. Chairman, Mr. City Manager, the money needs to be allocated no matter what
but it should be...
Chairman Plummer: Oh, absolutely. That's not a problem.
Commissioner Sanchez: Hold on. It should be used as a bargaining tool to assure that the County, which I
will state again, the confirm that I have from the County is, they have the one point five million dollars
($1,500,000) ready to go. They're waiting for us to give the money. So, as soon as we give them the money,
they can start with the program. My goal here today is to come up with the full amount of money and get
this program going as quickly as possible so, once again, they don't have to go through a hot summer.
(applause)
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Glad to be here. I think I would — let's vote on it. This is a commitment we made
about three years ago.
Chairman Plummer: In Spanish.
Vice Chairman Gort: And we should go ahead and finish it. I'm going to say the same thing I said in
Spanish.
[At this point, Commissioner Gort made comments in Spanish.] (Applause)
Chairman Plummer: Mr. Clerk, call the roll.
77 January 12, 1999
The following motion was introduced, by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-30
A MOTION REAFFIRMING THE CITY OF MIAMI'S INTENT TO
ALLOCATE AND APPROPRIATE FIVE HUNDRED THOUSAND
DOLLARS ($500,000) FROM FUTURE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS .FOR THE
IMPROVEMENTS RELATED TO AIR CONDITIONING AT
ROBERT KING HIGH TOWER.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None. - -
ABSENT: Commissioner Arthur E. Teele, Jr.,
Chairman Plummer: Four -zero. To my colleagues — all right. Bye-bye, "adios," "gracias," "buenas
noches."
Commissioner Sanchez: No, no. Wait, wait, wait. No. Wait, wait. Have them sit down because the bus is
not here and I'm responsible for them.
Chairman Plummer: Oh, all right..
Commissioner Sanchez: So they need to sit down and the bus will be here.
Ms. Marbosa: Hello, hello. Excuse me. Since we have a little time, I would like to make a request: You
have suggested a meeting with Mr. Rodriguez. I want to be invited to that the meeting, please.
Commissioner Sanchez: Sure.
Chairman Plummer: That's fine.
Ms. Marbosa: Because I have things to say to Mr. Rodriguez.
Chairman Plummer: OK.
Ms. Marbosa: And I would like to do it in front of someone, OK:
Commissioner Sanchez: OK. Also, Mr. Chairman, I have to thank Frank Balcera, who provided the buses
to -get them here. I really appreciate it. Thank you very much.
Chairman Plummer: -All right.
Ms. Marbosa: And thank you so much for Robert King High.
Chairman Plummer: Mr. Manager...
Ms. Marbosa: I also was president at Robert King High Association.
78 January 1.2, 1999
Chairman Plummer: All right. Mr. Manager?
Ms. Marbosa: So, I thank you all.
16. COMMENTS RE: COMPLAINTS/ PROBLEMS OF BUSINESSES ON GRAND AVENUE IN
COCONUT GROVE— NUISANCE ABATEMENT BOARD AND CODE ENFORCEMENT— SEE
LABELS 12B AND 13.
Chairman Plummer: Mr. Manager, if I may. OK. If I may, Mr. Manager, is the person here from Nuisance
Abatement? Could I have that person and Lieutenant Watkins, and I'm going to make this very. very quick
but I want to get them back out so they don't have to stay here all day. Lieutenant Watkins, would you give
the Manager, please, a copy of that diagram of the curbing so he can see what he can do to get it expedited?
All right. Mr. Manager?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: There's nobody here from Nuisance Abatement? All right. To my colleagues, I
indulge you for 30 seconds so I can get these people back to work. Mr. Manager, many people in the Grove
area on Grand Avenue have come to my office complaining very bitterly about the businesses on Grand
Avenue, who are being considered a nuisance to the community. It is my understanding, through your
memo, that three to five calls for service of the Police Department could, in fact, trigger a hearing before the
Nuisance Abatement Board.
Mr. Warshaw: That's correct.
Chairman Plummer: Lieutenant, I'm looking to you to get the information to Teresita for the purposes of
instigating that which is necessary. I think you know very, very well the areas and the businesses that are
not really complying with what they should be and we should have them in front of Code Enforcement. I
beg of you, through the citizens of the area of Grand Avenue, who say to this City, these people are bad, we
don't want them there, and they're creating problems. That may or may not be true. I look to the two of you
to answer to the citizens that there is a nuisance problem and you will continue. Thank you very much.
17. APPROVE 30 DAY EXTENSION FOR RECORDATION OF BRICKELL WEST PLAT— SEE
LABELS 4 AND 5.
Chairman Plummer: Items 10 and 11. What was the two tabled items? Nine and 10?
Mr. Donald Warshaw (City Manager): No, CA-10 and 11.
Chairman Plummer: What?
Ms. Vicky Garcia -Toledo: That's CA-10 and 11.
Chairman Plummer: All right. CA-10 and I I were withdrawn. They had to be denied.
Ms. Garcia -Toledo: No. Actually, what we requested this morning was for you to table "them so you could
discuss them.
Chairman Plummer: No.
Ms. Garcia -Toledo: Through aministerial error, they were...
Chairman Plummer: My understanding — Mr. City Attorney, tell me exactly so we can proceed legally.
79 January 12, 1999
Mr. Alejandro Vilarello (City Attorney): Those items were placed on the Consent Agenda. They should
not have been on the Consent Agenda.
Chairman Plummer: That's correct.
Mr. Vilarello: They can be considered by the City Commission at this time, after having been removed
from the Consent Agenda.
Chairman Plummer: They're removed from the Consent Agenda, OK. So, they were removed. Now. these
are very simple plats that I don't know why there's any problem. Mr. City — Mr. Kay.
Mr. Jim Kay (Director, Public Works): These plats were approved previously by the City Commission.
However, in accordance with the City Code, they must be recorded within 120 days after approval by the
City Commission over at the County Clerk's Office. They've been unable to get these two plats recorded
and, therefore, in accordance with Code, they're here before you today.
Chairman Plummer: Are you in favor of these being approved?
Mr. Kay: I -- what I am in favor of is, an according to the Code, them being allowed and additional 30 days,
in which to...
Chairman Plummer: To give them and additional 30 days?
Mr. Kay: Right. Additional 30 days...
Chairman Plummer: Is that what you're looking for?
Ms. Garcia -Toledo: Thirty days from today.
Chairman Plummer: All right. Item CA-10 is Brickell West. Is there a motion?
Commissioner Sanchez: Move it.
Chairman Plummer: Mr. Sanchez. Seconded by Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposed? Show it unanimous. _
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-31
A RESOLUTION OF THE MIAMI CITY COMMISSION
EXTENDING .FOR THIRTY (30) DAYS FROM THIS DATE, THE
TIME FOR WHICH THE PLAT ENTITLED "BRICKELL WEST," A
PROPOSED SUBDIVISION IN THE CITY OF MIAMI, FLORIDA,
ACCEPTED BY THE CITY COMMISSION PURSUANT TO
RESOLUTION NO. 98-799, MUST BE RECORDED IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
80 January 12, 1999
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr..
18. APPROVE 30 DAY EXTENSION FOR RECORDATION OF RITZ CARLTON PLAT —'SEE
LABELS 4 AND 5.
Chairman Plummer: Now, Lake Bufofo (phonetic), otherwise known as the Ritz Carlton Hotel -- you know
Ritz -- you know Lake Bufofo over here? We're going to put some fish in there and we're going to sell the
fishing rights. Item Number 1 I is the same, to extend for 30 days. Is there a motion? I can't make it. It's in
my district. Regalado. Seconded by Gort. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Go away and sin no more.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-32
A RESOLUTION OF THE MIAMI CITY COMMISSION
EXTENDING FOR THIRTY (30) DAYS FROM THIS DATE, THE
TIME FOR WHICH THE PLAT ENTITLED "RITZ CARLTON," A
PROPOSED SUBDIVISION IN THE CITY OF MIAMI, FLORIDA,
ACCEPTED BY THE CITY COMMISSION PURSUANT TO
RESOLUTION NO. 98-752, MUST BE RECORDED IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr..
Ms. Garcia -Toledo: Thank you very much.
Chairman Plummer: Bye.
81 January 12, 1999
19. EMERGENCY ORDINANCE: AMEND CODE SECTIONS 40-241, 40-243, 40-246, 40-255 AND 40-
256, PROVIDING:(] ). DESIGNATION OF CURRENT BARGAINING UNIT REPRESENTATIVE FOR
SANITATION EMPLOYEES; (2) NEW AMORTIZATION SCHEDULE FOR UNFUNDED
ACTUARIAL ACCRUED LIABILITY; (3) EVALUATION OF PENSION ASSETS; (4) NEW FUNDING
METHOD FOR NORMAL COSTS; (5) PENSION BENEFIT OF 3% FOR PERSONS RETIRING ON OR
AFTER OCTOBER 1, 1998; (6) INCREASED COLA (COST OF LIVING ALLOWANCE) BENEFITS.
Chairman Plummer: Mr. Charlie Cox, I put you off. You're Item Number 7, which is our next item on the
agenda. Ladies and gentlemen, we're now back to the Regular Agenda and we are on Item Number 7. Mr.
Manager, do you have any further comments on Item Number 7?
Mr. Donald Warshaw (City Manager): No, sir.
Chairman Plummer: All right. Is there a motion? This is in reference to retirement — hello. Is there
anybody home?
Commissioner Regalado: Yeah. I'd like to...
Chairman Plummer: Moved by Regalado. Second...
Commissioner Regalado: No, no, no, no. No move. I requested in a memo information about how many
employees will be included in this October deadline but I haven't received the information.
Chairman Plummer: Mr. Cox, can you answer the question? How many employees will be involved?
Mr. Charlie Cox: Every employee in the City.
Commissioner Regalado: No. I'm talking about the...
Chairman Plummer: No, this October.
Mr. Cox: This is the ordinance with the Gates, resettling Gates, where the City is going to receive the
savings and also the retirees and the...
Vice Chairman Gort: Move it.
Chairman Plummer: All right. Mr. Manager, will you please respond to Mr. Regalado, give him his answer
that he looks for?
Mr. Warshaw: Yes, sir.
Chairman Plummer: All right. It's moved by Gort. Seconded by Sanchez. Read the ordinance.
Mr. Alejandro Vilarello (City Attorney): An emergency ordinance amending sections 40-240.
Chairman Plummer: Wait a minute. Mr. Regalado, are you going to vote for this? Because if not, it's a
four/fifths.
Commissioner Regalado: Well, you know, I only asked one simple question. How many employees will be
covered by the October — is this the October....
Commissioner Sanchez: It's all of them. Every employee.
Chairman Plummer: If you're -- All right. Excuse me. If, in fact, that answer is not forthcoming to Mr.
Regalado within 72 hours, this matter is not passed.
82 January 12, 1999
Ms. Sue Weller: I can answer it.
Chairman Plummer: It's on second reading.
Mr. Vilarello: It's an emergency ordinance.
Ms. Weller: Emergency.
Chairman Plummer: All right. Mr. Regalado, it's up to you, sir. What do you want to do?
Ms. Weller: I can answer it.
Chairman Plummer: Can you answer his question? Do so.
Commissioner Sanchez: Mr. Chairman, this is an agreement with...
Ms. Weller: Yes.
Chairman Plummer: Wait, wait, wait. She can answer the question.
Commissioner Sanchez: It's an agreement.
Ms. Weller: The amendment...
Chairman Plummer: Your name.
Ms. Weller: Sue Weller, Labor Relations Officer. The amendment that's before you today on the ordinance
covers the Sanitation employees Bargaining Unit, the AFSCME (American Federation, State, County, and
Municipal Employees) Bargaining Unit, and all other classified, managerial, confidential employees and
unclassified employees that are covered by the general employees and sanitation employees pension.
Commissioner Regalado: Yeah, but I know that. But I just asked. On the cover memo it says all employees
retiring after October of 1998 will be covered by a three percent rate. Is that correct?
Ms. Weller: That's correct, that's correct.
Commissioner Regalado: I just asked how many employees.
Ms. Weller: How many employees are going to retire?
Chairman Plummer: How many employees are going to take advantage of that benefit?
Commissioner Regalado: Right.
Ms. Weller: I mean, you have probably about 200 that are eligible at this point and time but we don't know
if that many are going to retire at this time. They can retire when they're ready to retire.
Chairman Plummer: The potential is 200?
Commissioner Regalado: That's all I wanted to ask.
Ms. Weller: At this time.
Chairman Plummer: Thank you. Read the ordinance. Realize this is a four/fifths vote emergency.
Becomes effective immediately. Mr. Clerk, call the roll. Second roll call.
83 January 12, 1999
An Ordinance Entitled -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 40-241,
40-243, 40-246, 40-255, AND 40-256 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, PROVIDING FOR
DESIGNATION OF THE CURRENT BARGAINING UNIT
REPRESENTATIVE FOR THE CITY OF MIAMI SANITATION
EMPLOYEES; PROVIDING FOR A NEW AMORTIZATION
SCHEDULE FOR ANY UNFUNDED ACTUARIAL ACCRUED
LIABILITY; PROVIDNG FOR A NEW METHOD FOR
EVALUATING PENSION ASSETS; PROVIDNG FOR A NEW
FUNDING METHOD FOR NORMAL COSTS; PROVIDING FOR A
PENSION BENEFIT OF THREE PERCENT (3%) FOR PERSONS
RETIRING ON OR AFTER OCTOBER 1, 1998; PROVIDING FOR
INCREASED COLA BENEFITS FOR RETIREES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE:
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Whereupon the Commission on motion of Vice Chairman Gort and seconded by
Commissioner Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11743
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
84 January 12, 1999
20: EMERGENCY ORDINANCE ESTABLISH NEW SPECIAL REVENUE FUND: "DCF/RET (PY
999) REFUGEE EMPLOYMENT AND TRAINING PROGRAM", -- APPROPRIAT FUNDS FOR
OPERATION OF PROGRAM IN AMOUNT OF $104,110, FROM DEPARTMENT OF CHILDREN
AND FAMILIES (DCF) GRANT AWARD, THROUGH THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM (SFETC).
Chairman Plummer: Item Number 8. It's also an Emergency Ordinance relating to a hundred and four
thousand one hundred and ten dollars ($104,110). -Refugee Employment and Training Program. Moved by
Sanchez. Seconded by Gort.
Commissioner Sanchez: Yes.
Chairman Plummer: Is there any questions? Read the ordinance. Motion understood? Two readings. First
roll call. Second roll call.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "DCF/RET (PY'99) REFUGEE
EMPLOYMENT AND TRAINING PROGRAM," AND
APPROPRIATING FUNDS FOR THE OPERATION OF THE
PROGRAM IN THE AMOUNT OF $104,110, CONSISTING OF A
DEPARTMENT OF CHILDREN AND FAMILIES (DCF) GRANT
AWARD, THROUGH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM (SFETC); AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE SFETC FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Sanchez and seconded by Commissioner Gort, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
85 January 12, 1999
Whereupon the Commission on motion of Commissioner Sanchez and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11744
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
21. FAILURE TO APPROVE PROPOSED SECOND READING ORDINANCE TO ESTABLISH
UNITY COUNCIL OF MIAMI (TUCOM) -- FURTHER REQUEST TO INCORPORATE TUCOM
WITH COMMUNITY RELATIONS BOARD.
Chairman Plummer: We've done Item 9. We're now on Item 10. Mr. Gort, this is your problem.
Vice Chairman Gort: Well, I think the motion in here today is to rescind this to TUCOM (The Unity
Council of Miami), so we can go ahead and...
Commissioner Regalado: They already did that.
Chairman Plummer: Moved by Gort. Seconded by Regalado. It takes an ordinance to rescind?
Mr. Alejandro Vilarello (City Attorney): This is second reading. The ordinance, it now belongs to the City
Commission. The Commission, earlier in discussing the CRB (Community Relations Board), instructing
me to bring forward an amendment to the CRB, incorporating this into the CRB ordinance.
Chairman Plummer: So, what do you want me to do?
Mr. Vilarello: This is second reading of the ordinance. It needs to be voted down.
Chairman Plummer: All right. Read the ordinance. Moved by Gort. Seconded by Regalado. Motion
understood? Call the roll.
Vice Chairman Gort: No. We have to vote no, negative.
Chairman Plummer: Oh, we're voting no.
Vice Chairman Gort: We have to vote in the negative. The motion is to deny.
Chairman Plummer: Negative is positive: Sounds like we're creating Metro. Motion fails.
86 January 12, 1999
An Ordinance Entitled -
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Passed on its first reading, by title, at the meeting of October 13, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and failed by the
following vote:
AYES: None.
NAYS: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez.
Chairman J.L. Plummer, Jr.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE FAILED
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
87 January 12, 1999
22. APPROVE SECOND READING ORDINANCE ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED "NEIGHBORHOOD YOUTH JUSTICE PROGRAM," — APPROPRIATE FUNDS FOR
OPERATION OF PROGRAM, IN AMOUNT OF $76,992, FROM GRANT FROM FLORIDA
DEPARTMENT OF JUVENILE JUSTICE.
Chairman Plummer: Item 11. Establishment of a Neighborhood Youth Justice Program for seventy-six
thousand nine hundred ninety-two dollars ($76,992). Moved by Sanchez. Seconded by Regalado. Anyone
wishing to discuss the item? What do you want?
Unidentified Speaker: This is my grant.
Vice Chairman Gort: You want us to vote against it?
Chairman Plummer: You know, after she left my office, she became world famous.
Vice Chairman Gort: I wonder why.
Chairman Plummer: Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED "NEIGHBORHOOD YOUTH JUSTICE
PROGRAM," AND APPROPRIATING FUNDS FOR THE
OPERATION OF THE PROGRAM, IN THE AMOUNT OF $76,992,
CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT
OF JUVENILE JUSTICE TO BE ADMINISTERED BY THE
SOUTH/WEST COCONUT GROVE NET SERVICE CENTER;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, INCLUDING TWO SERVICE AGREEMENTS
WITH COCONUT GROVE FAMILY AND YOUTH INTERVENTION
CENTER AND WITH THE COCONUT GROVE CARES
BARNYARD PROGRAM FOR THE PROVISION OF YOUTH
SERVICES AND ACTIVITIES; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of December 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11745
The City Attorney read the ordinance into the public record and announced that copies were available to
88 January 12, 1999
the members of the City Commission and to the public.
23. APPROVE SECOND READING ORDINANCE AMEND CHAPTER 22/ARTICLE IV., OF CODE
ENTITLED "GARBAGE AND OTHER SOLID WASTE/LOT CLEARING" — SET FORTH
PROHIBITIONS RELATING TO OVERGROWN AND DEBRIS LADEN LOTS -- PROVIDE FOR
OFFICIAL NOTIFICATION OF VIOLATION AND FOR NON-COMPLIANCE REMEDIES —
COMMENTS RE: ILLEGAL DUMPING
Chairman Plummer: Item 12 is the Lot Clearing Program. It is progressing, Mr. Raul Martinez tells me,
very, very well. We're out looking for vendors. And, as I said, Mr. Martinez, that possibly Basic Training,
the group that was here this morning. If they're interested in going to work, we, through Gwen Chem- —
Gwen...
Mr. Raul Martinez (Assistant City Manager): Gwen Warren.
Chairman Plummer: ...Warren, can get equipment for them and get them into business and they can do a big
thing and making money for themselves in Overtown.
Mr. Martinez: Yes, sir.
Chairman Plummer: OK? I move Item 12.
Vice Chairman Gort: Second. Discussion.
Chairman Plummer: Under discussion. Mr. Gort.
Vice Chairman Gort: Since we're into sanitation, Mr. Manager, you know, a lot of the illegal dumping that
is taking place in the City of Miami, we are legalizing. We pick up every Tuesday, especially my
neighborhood. Tuesday afternoon, same spot where all the illegal dumping is taking place, takes place
again. Somehow, we need to put some undercover individuals in there and start fining them.
Chairman Plummer: Put cameras.
Vice Chairman Gort: Cameras, whatever. I mean, we know where the spots are at. We know it because we
pick it up every week. Somehow — and you go to the NET offices and you go to all the neighborhoods, they
know where the spots are at. If not, we're going to legalize all this illegal dumping. We got to stop it.
Thank you.
Chairman Plummer: OK. Read Item 12. Now, I want to take just a minute to tell my colleagues what this
is going to represent. We are now going to post, once a year only, on vacant lots that are not being kept up
by the owner. At such time as that lot attains vegetation in excess of 18 inches, we will send in a vendor; he
will clear the lot; he will then give us a bill, which we will surrender with a hundred dollar ($100) fine to the
owner of the lot. We will do that every time that lot exceeds 18 inches in height. We fashioned this after
the Coral Gables ordinance. Theirs is 12 inches.' We wanted a little bit more latitude and we made it 18
inches. So, I just want you to know that all of the people in your area that have a problem with lot clearing,
vou're going to get tremendous relief, OK? Call the roll.
89 January 12, 1999
1
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 22/ARTICLE IV, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED,
ENTITLED "GARBAGE AND OTHER SOLID WASTE/LOT
CLEARING", TO SET FORTH PROHIBITIONS RELATING TO
OVERGROWN AND DEBRIS -LADEN LOTS, PROVIDING FOR
OFFICIAL NOTIFICATION OF VIOLATION AND FOR NON-
COMPLIANCE REMEDIES; MORE PARTICULARLY BY
AMENDING SECTIONS 22-116 THROUGH 22-117 AND ADDING
NEW SECTION 22-118 TO SAID CODE, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading, by title, at the meeting of December 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner
Gort,, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11746
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
24. APPROVE SECOND READING ORDINANCE AMEND ORDINANCE NO. 11478 WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR SPECIAL
REVENUE FUND ENTITLED "S.T.O.P. PROGRAM," -- INCREASE SAID APPROPRIATION IN
AMOUNT OF $45,425, FROM GRANT FROM U.S. DEPARTMENT OF JUSTICE.
Chairman Plummer: Item 13. Moved by Sanchez. Seconded by Gort, the S.T.O.P. program for forty-five
thousand four hundred and twenty-five dollars ($45,425). Anybody have any questions? Read the
ordinance. Motion understood? Call the roll.
90 January 12, 1999
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11478, ADOPTED
MARCH 7, 1997, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE
FUND ENTITLED "S.T.O.P. PROGRAM," BY INCREASING SAID
APPROPRIATIONS IN THE AMOUNT OF $45,425.00, CONSISTING
OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT,
AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR THIS PURPOSE:
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Passed on its first reading, by title, at the meeting of December 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11747
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
25. APPROVE SECOND READING ORDINANCE AMEND SECTION VI OF CITY'S GENERAL
APPROPRIATIONS ORDINANCE NO. 11705 — REVISE CONTINUING AND INCLUDING NEW
CAPITAL IMPROVEMENT PROJECTS FOR FY 1998-99 IN GENERAL GOVERNMENT, PUBLIC
SAFETY, SOCIAL AND ECONOMIC ENVIRONMENT, PARKS AND RECREATION,
TRANSPORTATION AND PHYSICAL ENVIRONMENT PROGRAM AREAS.
Chairman Plummer: Item 14 is a Public Safety, Social and Economic Environment, Parks and Recreation,
Transportation. A capital project. Moved by Gort. Seconded by Sanchez. Anybody wishing to discuss it?
Call -- read the ordinance, 14. Call the roll.
91 January 12, 1999
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION VI OF THE CITY'S -.
GENERAL APPROPRIATIONS ORDINANCE NO. 11705 ADOPTED
SEPTEMBER 28, 1998, BY REVISING, CONTINUING AND
INCLUDING NEW CAPITAL IMPROVEMENT PROJECTS FOR FY .
1998-99 IN THE GENERAL GOVERNMENT, PUBLIC SAFETY,
SOCIAL AND ECONOMIC ENVIRONMENT, PARKS AND
RECREATION, TRANSPORTATION AND PHYSICAL
ENVIRONMENT PROGRAM AREAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading, by title, at the meeting of December 8, 1998, was taken up for -its second and
final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11748
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
26. APPROVE SECOND READING ORDINANCE AMEND SECTIONS 1, 3 AND 5 OF
ORDINANCE NO. 11.55 (ANNUAL APPROPRIATIONS ORDINANCE) FOR FISCAL YEAR
ENDING SEPTEMBER 30, 1998 -- INCREASE SAID APPROPRIATIONS RELATING TO
OPERATIONAL AND BUDGETARY REQUIREMENTS OF CERTAIN CITY DEPARTMENTS.
Chairman Plummer: Item 15. Fiscal year ending September 30, '98 increasing set appropriations to
operational budgetary requirements of certain City departments. Now, Mr. Manager, everything is covered
here? All of the dots and the T's and the 1's?
Mr. Donald Warshaw (City Manager): Yes, sir. Absolutely.
Chairman Plummer: OK. All right. Moved by Gort. Seconded by Sanchez. Read -- hold it.
Vice Chairman Gort: Wait. Hold it, hold it.
Chairman Plummer: Hold it.
Vice Chairman Gort: Well, I'll go ahead and make the motion here.
Chairman Plummer: All right. Moved by Gort. Seconded by Sanchez. Under discussion. Commissioner
Gort.
Vice Chairman Gort: My understanding, this is funding that we have found to balance last year's budget?
Mr. Warshaw: That's correct.
92 January 12, 1999
Chairman Plummer: What could be nicer.
Vice Chairman Gort: And these are the different places where you found. Was this in the projections from
last year or this was just found afterwards?
Mr. Dipak Parekh (Director, Management & Budget): No. These are a part of the projections, the monthly
projections. All we're doing is codifying it in the Code, that it was that particular way.
Chairman Plummer: Read the ordinance. Mr. Parekh, would you tell, in the future, Pillard doesn't have to
bring all those big books and all of that here. It's not necessary. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTIONS' 1,3 AND 5 OF
ORDINANCE NO. 11553, AS AMENDED, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1998, FOR THE PURPOSE OF INCREASING SAID
APPROPRIATIONS RELATING TO OPERATIONAL AND
BUDGETARY REQUIREMENTS OF CERTAIN CITY
DEPARTMENTS AS ARE MORE PARTICULARLY DESCRIBED
HEREIN; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading, by title, at the meeting of December 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and.
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11749
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
27. APPROVE SECOND READING ORDINANCE AMEND SECTION 38-8 OF CODE -- TO
ELIMINATE PAYMENT OF ADDITIONAL TEN PERCENT CHARGED ON TICKET SALES FOR
EVENTS SPONSORED BY NON-PROFIT ORGANIZATIONS AT MANUEL ARTIME
COMMUNITY CENTER -- FOR ONE YEAR.
Chairman Plummer: Item 16. The payment of 10 percent charge on ticket sales for events sponsored by
non-profit organizations. Is it still going to be for the surcharge? The 10 percent is only for the rent,
correct?
Commissioner Regalado: No, no. The tickets.
Mr. Donald Warshaw (City Manager): Ticket surcharge.
93 January 12, 1999
Ms. Christina Abrams (Director, Public Facilities): It's 10 percent of the gross ticket sales.
Chairman Plummer: Well, let's ask the question, OK. How much money is that facility making now?
Ms. Abrams: Probably in the area of forty-five, fifty thousand.
Chairman Plummer: Plus?
Ms. Abrams: Gross.
Chairman Plummer: Plus? Net?
Ms. Abrams: That's gross revenues.
Chairman Plummer: Net?
Ms. Abrams: Net? Probably loses about a hundred and fifty thousand a year.
Chairman Plummer: And what do you anticipate it's going to lose now? -
Ms.'Abrams: This will'have an economic impact of about five thousand dollars ($5,000), but if we can...
Chairman Plummer: For the year?
Ms. Abrams: For the year.
Chairman Plummer: No problem. OK, five thousand. OK.
Commissioner Regalado: No, no. But see -- let her finish.
Chairman Plummer: Oh, I'm sorry.
Ms. Abrams: It'll also allow us to book more events and; in which case, if that happens, then we'll have
actually a -net benefit.
Chairman Plummer: OK. Mr. Regalado moves it. Sanchez seconds it. Read the ordinance. Motion
understood? Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 38-8 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ELIMINATE
THE PAYMENT OF THE ADDITIONAL TEN PERCENT CHARGED
ON TICKET SALES FOR EVENTS SPONSORED BY NON-PROFIT
ORGANIZATIONS AT THE MANUEL ARTIME COMMUNITY
CENTER FOR A PERIOD OF ONE YEAR; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; .AND
PROVIDING FOR AN EFFECTIVE DATE.
94 January 12, 1999
Passed on its first reading, by title, .at the meeting of December 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11750
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
28. APPROVE FIRST READING ORDINANCE REPEAL IN ITS .ENTIRETY ARTICLE XI,
DIVISION 8, ENTITLED "HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ADVISORY
BOARD", OF CODE — AUTHORIZE CITY MANAGER TO TAKE WHATEVER STEPS ARE
NECESSARY FOR CITY AS ENTITLEMENT RECIPIENT OF HOPWA PROGRAM GRANT FUNDS
TO JOIN AND PARTICIPATE WITH MIAMI-DADE HIV/AIDS PARTNERSHIP.
Chairman Plummer: Item 17. Persons with AIDS (Acquired Immunodeficiency Syndrome) Advisory
Board.
Commissioner Sanchez: Move it.
Chairman Plummer: Moved by — wait a minute. This is repealing the Advisory Board, right?
Commissioner Sanchez: Correct.
Vice Chairman Gort: Right.
Chairman Plummer: OK.
Commissioner Sanchez: We're going to establish it with Dade County.
Chairman Plummer: Moved by Sanchez. Seconded by...
Vice Chairman Gort: I will.
Chairman Plummer: ...Gort. Read the ordinance. (At this point, the City Attorney read the ordinance into
the public record by the title only) All right. Let me ask — you know, my question — concern has been all of
the time, you've got ar lot of money in that thing. You've got eight million dollars ($8,000,000) this year,
correct?
Mr. Jeff Hepburn (Assistant Director, Housing): Seven point three.
Chairman Plummer: All right. Who is going to be the watch dog?
Mr. Hepburn: Well, currently, we have beefed up the CD (Community Development) staff that deals with
contracts and oversight in that area. This is what we're asking basically in the plan ...
95 January. 12, 1999
• rim rp �. ._ r�j .� - S
Chairman Plummer: What comfort are you going to give this Commission that we're not going to read
negatively something in the paper about eight million dollars ($8,000,000)?
Mr. Hepburn: Because there's going to be, basically., ongoing monitoring with the additional staff that we're
putting in place, along with audits, additional audits that are going to be carried out...
Chairman Plummer: You know we're looking at you?
Mr. Hepburn: ...throughout the year. Yes.
Chairman Plummer: You know, if things go wrong, who we're going to come after?
Mr. Hepburn: I know that.
Chairman Plummer: OK. Did you read the ordinance? No, no. This is a — all right. Now, we're down to
the resolution. Eighteen.
Mr. Alejandro Vilarello (City Attorney): You haven't voted on the ordinance.
Chairman Plummer: We didn't vote on the ordinance? All right, call the roll on 17.
96 January 12, 1999
An Ordinance Entitled -
AN ORDINANCE REPEALING IN ITS ENTIRETY ARTICLE XI,
DIVISION 8, ENTITLED "HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS ADVISORY BOARD", CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO TAKE WHATEVER STEPS
ARE NECESSARY FOR THE CITY AS THE ENTITLEMENT
RECIPIENT OF HOPWA PROGRAM GRANT FUNDS TO JOIN AND
PARTICIPATE WITH THE MIAMI-DADE HIV/AIDS
PARTNERSHIP; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Gort, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public:
29. AUTHORIZE / DIRECT CITY MANAGER TO PROVIDE ADMINISTRATIVE ASSISTANCE TO
MIAMI-DADE HIV/AIDS PARTNERSHIP — FURTHER APPOINTING COMMISSIONER JOE
SANCHEZ TO SERVE AS VOTING MEMBER OF PARTNERSHIP.
Chairman Plummer: Eighteen is to ask the City Manager to provide assistance to the partnership and
appointing a representative to serve as...
Vice Chairman Gort: Move it.
Chairman Plummer: Well, who's a voting member of the partnership?
Vice Chairman Gort: You are.
Mr. Donald Warshaw (City Manager): It's a City representative.
Chairman Plummer: Who? Not me.
Vice Chairman Gort: I thought it was you.
Chairman Plummer: No.
Ms. Dena Bianchino (Assistant City Manager): We're recommending Charlene Adelman, who is...
Chairman Plummer: No. I want an elected official.
Commissioner Sanchez: Then I will do it.
Chairman Plummer: Mr. Sanchez. Dena, my concern is, a lot of money — and when I looked at some of the
people that were on that previous board, one, who formally worked for me and the last time I heard from
97 January 12, 1999
S. him when the IRS (Internal Revenue Service) was looking for him. All right. You know what I'm saying?
Mr. Warshaw: That's fine.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez has volunteered.
Commissioner Sanchez: Mr. Chairman, if I could just add. There's a lot of money involved in that. The
reason why we have that money is because we have not come out with programs to start using that money
and providing services for people in our community with HIV and AIDS (Acquired Immune Deficiency
Syndrome).
Chairman Plummer: Now, let me tell you, Mr. Sanchez. What she came up with the last time, and it is a
tremendous idea. Can help two ways. One, you can go to these people with apartment houses or many unit
apartments. As long as 20 percent of the beds or rooms are made available, they can get grants into the
millions. She did it before downtown. It can be done again.
Commissioner Sanchez: Yes, sir. You're absolutely right.
Chairman Plummer: All Tight. Item 18, all in favor; -say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
Mr. Walter Foeman (City Clerk): Excuse me. Mr. Chairman, I need a movant and seconder.
Chairman Plummer: I'm sorry?
Mr. Foeman: I need a movant and a seconder.
Chairman Plummer: It was moved by Sanchez. Seconded by Gort.
Mr. Foeman: OK.
98 January 12, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-33
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PROVIDE ADMINISTRATIVE ASSISTANCE TO
THE MIAMI-DADE HIV/AIDS PARTNERSHIP; APPOINTING A
REPRESENTATIVE TO SERVE AS A VOTING MEMBER OF THE
PARTNERSHIP.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
30. APPROVE FIRST READING ORDINANCE AMEND CHAPTER 13/ARTICLE IV OF CODE
ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEESANTERIM PROPRIETARY
AND GENERAL SERVICES FEE" -- PROVIDE THAT INTERIM PROPRIETARY AND GENERAL
SERVICE FEE SHALL BE PAID IN FULL PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY AND COLLECTED BY THE DIRECTOR OF PLANNING, BUILDING AND ZONING
DEPARTMENT — FURTHER DIRECTING CITY MANAGER TO ENSURE NEW ARENA
DEVELOPERS FULFILL COMMITMENT TO DEDICATED PARKING SPACES PRIOR TO
ISSUING THEIR CERTIFICATE OF OCCUPANCY.
Chairman Plummer: Item 19. Development impact and.other related fees/interim proprietary and general
service fee. Mr. Manager, what is this?
Mr. Donald Warshaw (City Manager): Commissioners, this does not raise additional revenues, not
additional fee. What it basically does is accelerates the process where COs (Certificate of Occupancy) will
be receiving lump sum payments, as opposed to on a monthly basis. I want the Finance Director just tell
you a little about the problems we've got when we do it on a monthly basis.
Ms. Julie Weatherholtz (Director, Finance): Basically, what's been occurring is that for the individuals'who
have requested to pay the interim proprietary fee on a monthly basis, the majority of those people have
defaulted and have not paid it. So, we're requesting that the ordinance back us in saying that the interim
proprietary fee needs to be paid up front at the time they're receiving the Certificate of Occupancy. And
we'd also like to add language to provide for an interim proprietary fee when a Certificate of Completion is
issued.
Chairman Plummer: Well, let me ask a dumb question, you know. Because we're the biggest suckers in the
world. When you issue it and they don't pay, do you bring it back?
Ms. Weatherholtz: We send them -- we can't — we don't have the ability to pull back their Certificate of
Occupancy.
Chairman Plummer: Why not? Mr. City Attorney? That's like writing a bad check
99 January 12, 1999
Mr. Alejandro Vilarello (City Attorney): I think that what they're doing by adopting this ordinance is
protecting the enforcement of it up front, without the requirement of additional paperwork to pull back a
Certificate of Occupancy.
Chairman Plummer: OK Hey, get your money up front, OK? That's on this here for Item 18. Moved by
Gort.
Vice Chairman Gort: I have a question. I'll move it for...
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I'll move for discussion purposes.
Chairman Plummer: All right. Moved by Gort. Seconded by Sanchez. Discussion. Mr. Gort.
Vice Chairman Gort: This is what is considered CO, right?
Mr. Warshaw: Yes, sir.
Vice Chairman Gort: And this is what you need for all the businesses? You do that every year or just only
one time?
Chairman Plummer: Well, they promise to pay and don't pay.
Ms. Weatherholtz: The interim proprietary fee would be that fee that is charged when someone comes for a
Certificate of Completion or a Certificate of Occupancy, and this fee is for public services, in which they
have not paid for because they have not been taxed on this property as if it was a completed property.
Vice Chairman Gort: The reason I asked, I had to go through the process for one office. Now, I got to have
another office come into the City of Miami and have to go through the process again, and I had to apply for
all this and I had to pay up front. I mean, I wasn't given an opportunity to...
Ms. Maggie Genova-Cordovi (Interim Director, Building and Zoning Department): If I may explain?
Maggie Genova-Cordovi...
Chairman Plummer: No, you can't, until you tell us who you are.
Ms. Genova-Cordove: I'm trying to. Interim Director/Department of Building and Zoning. The confusion
might be, one, when you have a Certificate of Occupancy, you don't need to go through the Certificate of
Use set of inspections. So, the Certificate of Occupancy takes the place of the Certificate of Use.
Vice Chairman Gort: Right. And -you re-establish that every year? You have to take it out every year?
Ms. Genova-Cordove: Then it's just a renewal of the Certificate of Use, which...
Vice Chairman Gort: Right. And you're telling me there's people that are asked to be paid in installments?
Chairman Plummer: Up front.
Ms. Weatherholtz: No. The interim proprietary fee is only a one-time fee that's charged when you initially
get it.
Vice Chairman Gort: Oh, that's when they changed the — oh, OK, I'm sorry.
Ms. Genova-Cordove:. Yes.
100 January 12, 1999
Vice Chairman Gort: So, when they change ownership. OK, I gotcha. OK.
Chairman Plummer: All right. Read the ordinance.
Mr. Vilarello: For the record, I will be adding to the ordinance after a Certificate of Occupancy or
Certificate of Completion.
Chairman Plummer: Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 13/ARTICLE IV, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"DEVELOPMENT IMPACT AND OTHER RELATED
FEESANTERIM PROPRIETARY AND GENERAL SERVICES FEE",
TO PROVIDE THAT THE INTERIM PROPRIETARY AND
GENERAL SERVICE FEE SHALL BE PAID IN FULL PRIOR TO
THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY AND
COLLECTED BY THE DIRECTOR OF PLANNING, BUILDING
AND ZONING DEPARTMENT; MORE PARTICULARLY
AMENDING SECTIONS 13-138, 13-139 AND 13-144 OF SAID
CODE; CONTAINING A REPEALER PROVISION FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Chairman Plummer: Mr. Manager, you need to remind the new arena that they are not to receive their
Certificate of Occupancy until.they have fulfilled their commitment to dedicated, dedicated parking spaces.
Don't come in at the last minute and say we're going to do it later. They have to do it prior to their CO
(Certificate of Occupancy).
31. APPROVE FIRST READING ORDINANCE AMEND SECTION 2-612, ARTICLE V. OF CODE
ENTITLED "CONFLICTS OF INTEREST" -- TO ALLOW EMPLOYEES OF CITY TO
PARTICIPATE IN COMMUNITY DEVELOPMENT BLOCK GRANT ASSISTED SINGLE FAMILY
REHABILITATION LOAN PROGRAM WITHOUT SEEKING WAIVER.
Chairman Plummer: Item 20. Is a...
Vice Chairman Gort: Move it.
Chairman Plummer: Conflict of interest to allow employees of the City to participate in Community Block
Grant assistant single family rehab and loan program. Moved by Gort. Seconded by Regalado. Read the
101 January 12, 1999
ordinance. Motion understood? Call the roll.,,
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 2-612, ARTICLE V OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "CONFLICTS OF INTEREST". TO
ALLOW EMPLOYEES OF THE CITY OF MIAMI TO PARTICIPATE
IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
ASSISTED SINGLE FAMILY REHABILITATION LOAN PROGRAM
WITHOUT SEEKING A WAIVER THEREFOR, SUBJECT TO SAID
EMPLOYEE MEETING CERTAIN CRITERIA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded. by Commissioner Regalado, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
32. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 21 (TERMINATING THE
DEVELOPMENT RIGHTS OF LIBERTY HOUSING ASSOCIATES AS THE DEVELOPER OF THE
PROPOSED 134-UNIT HOUSING PROJECT KNOWN AS NORTHWESTERN ESTATES) — SEE
LABEL 4 — DIRECT CITY MANAGER TO PROVIDE MORE INFORMATION IN CONNECTION
WITH ALLOCATION OF FUNDS FOR SAID PROJECT — FURTHER DIRECTING MANAGER TO
DISCLOSE WHO OWNS SAID PROPERTY.
Chairman Plummer: Item 21. A resolution terminating the development rights...
Mr. Donald Warshaw (City Manager): Deferred.
Mr. Alejandro Vilarello (City Attorney): I had requested a deferral of Item 21.
Chairman Plummer: I'm sorry. It's deferred. Item 22.
Vice Chairman Gort: Excuse me?
Chairman Plummer: I'm sorry.
Vice Chairman Gort: Mr. Chairman, when this comes back again -- I know it was deferred but I'd like to get
some more information. What's the status? Out of the four million, how many is being allocated; how it's
being used; where are we at, and if we were able to recoup any of that and who -owns the property?
Chairman Plummer: You'll never get the information. I've asked the same thing about Wynwood Free
Trade Zone and I'm still waiting.
102 January 12, 1999
33. TABLE TO LATER IN MEETING CONSIDERATION OF AGENDA ITEM 22 (EMERGENCY
PURCHASE OF PIERCE SABER PUMPER TRUCKS FOR FIRE -RESCUE) — SEE LABEL 35.
Chairman Plummer: Item 22.
Vice Chairman Gort: I got a little more faith than you do. Maybe I got better relation than you do.
Chairman Plummer: Well, maybe you do. You probably do. This is the purchase of two Pierce Saber
Pump Trucks for 400 — "buenas, adios," "Sayonara" — all right. All right. Are you ready to buy fire trucks?
Item 22 is moved by Plummer. Seconded by Sanchez.
Mr. Donald Warshaw (City Manager): Four/fifths.
Chairman Plummer: Where's Willie? We can't buy fire trucks.
Commissioner Sanchez: Sure, we can.
Chairman Plummer: No, we got a four/fifths vote.
Commissioner Sanchez: He'll come back.
Chairman Plummer: All right. Item 23.
Commissioner Regalado: You got a move.
Mr. Donald Warshaw (City Manager): Same thing.
Chairman Plummer: That's four/fifths.
34. APPROVE PURCHASE OF EMERGENCY MEDICAL CARE VEHICLES FROM AERO
PRODUCTS CORPORATION — FOR FIRE -RESCUE - ALLOCATE $19,533 FROM CAPITAL
IMPROVEMENT PROGRAM PROJECT. 313233 ACCOUNT 289401.840 FUNDED BY FIRE
ASSESSMENT.
Chairman Plummer: Item 24. Emergency medical care vehicle from Aero Products for nineteen thousand
five thirty-three. Moved by Regalado. Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
103 January 12, 1999
- I i
The following resolution was introduced:by, Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-34
A RESOLUTION APPROVING THE PURCHASE OF THREE (3)
EMERGENCY MEDICAL -CARE VEHICLES FROM AERO .
PRODUCTS CORPORATION, AWARDED UNDER MIAMI-DADE
COUNTY CONTRACT NO. 5472-4/01-OTR, SUBJECT TO
APPROVAL OF ADDITIONAL ONE (1) YEAR CONTRACT
EXTENSIONS BY MIAMI-DADE COUNTY, FOR THE
DEPARTMENT OF FIRE -RESCUE, AT A TOTAL AMOUNT NOT
TO EXCEED $410,190.00, INCLUDING A CONTINGENCY
RESERVE IN THE AMOUNT.OF $19,533; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, "FIRE -
RESCUE NEW APPARATUS ACQUISITION", PROJECT NO. —
313233, ACCOUNT CODE NO. 289401.840, FUNDED BY THE FIRE
ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez,; the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
35. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED .BIDDING PROCEDURES -- APPROVE EMERGENCY PURCHASE OF
TWO (2) 1998 PIERCE SABER PUMPER TRUCKS FROM PIERCE MANUFACTURING, INC --
FOR FIRE -RESCUE;; ALLOCATING $428,280 FROM CAPITAL IMPROVEMENT PROGRAM,
"FIRE -RESCUE NEW APPARATUS ACQUISITION", PROJECT NO. 313233, FUNDED BY FIRE
ASSESSMENT. — SEE LABEL 33.
Chairman Plummer: Department of Law.. Negotiate a settlement between Pan Am and Miami. Mr. City
Attorney.. Hold, on. Mr. Gort is back. Item 22, to buy the fire trucks. Moved by Plummer. Seconded by
Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
104 January 12, 1999
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 99-35
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND APPROVING THE EMERGENCY PURCHASE
OF TWO (2) 1998 PIERCE SABER PUMPER TRUCKS FROM
PIERCE MANUFACTURING, INC., FOR THE DEPARTMENT OF
FIRE -RESCUE, IN THE AMOUNT OF $428,280.00, INCLUDING A
CONTINGENCY COST OF $10,000.00; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM. "FIRE -
RESCUE NEW APPARATUS ACQUISITION", PROJECT NO.
313233, FUNDED BY THE FIRE ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
36. TABLE FOR FOUR FIFTHS VOTE CONSIDERATION OF AGENDA ITEM 23 (RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND
APPROVING THE EMERGENCY PURCHASE OF TWENTY (20) MOTOROLA DIGITAL XTS 3000
PORTABLE RADIOS FROM MOTOROLA, INC.,) — SEE LABEL 58
Chairman Plummer: Item 23. The purchases of radios. Mr. Manager, I, once again, am going to, for the
record. oppose the ordinance to show that, as far as I'm concerned, you're putting good money after bad.
You're buying radios into a system that is not working. You're on a non-competitive scenario. You're
pumping million dollars into a sole source but that's my way of saying, Mr. Manager, you've got to improve
what we've got because what we got ain't working.
Mr. Donald Warshaw (City Manager): Ratification.
Chairman Plummer: I don't give a damn. I'm voting against it. All right. All right. This is a ratification.
You can't get it. You got four/fifths vote. You'll have to come back when Mr. Teele is here. I'm not voting
for it. I'm sorry.
105 - January 12, 1999
37. DISCUSS PROPOSED NEGOTIATED_ SETTLEMENT, BETWEEN CITY OF MIAMI AND PAN
AM AIR BRIDGE IN CONNECTION WITH WATSON ISLAND AIR TERMINAL FACILITY
REDEVELOPMENT.
Chairman Plummer:
Mr. City Attorney, Item 26. If I walk .out of the room, what's about -- what's
fourth/fifths then?
Commissioner Sanchez:
1 have some questions pertaining to that item.
Chairman Plummer:
On 23.
Commissioner Sanchez: Twenty-six.
Chairman Plummer:
On 26. What are your questions?
Vice Chairman Gort:
Why are we doing 26?
Commissioner Sanchez: Well, my questions...
Chairman Plummer:
Because we've done everything else up to that. Well, the lady's not caught up.
Ma'am? Hello.
Vice Chairman Gort:
We passed 23.
Chairman Plummer: We passed 23. No. That's a four/fifths and I'm not voting for it. Twenty-four has
been -- is done. It's not up on the board. Twenty-five is withdrawn. You need a thing on Item 24, ma'am,
all right? Twenty-six. Mr. Gort has questions.
Commissioner Sanchez: So do I.
Chairman Plummer: Well, I'm voting against. it, so you all do what you want.
Commissioner Sanchez: On 26?
Chairman Plummer: Oh, absolutely.
Commissioner Sanchez: I have some questions. Could I have the floor?
Chairman Plummer: I think they got squatter's rights.
Commissioner Sanchez: Mr. Chairman, could I have the floor?
Chairman Plummer: You have the floor, sir. Did I see Mr. Talbert here?
Mr. Bill Talbert: Yes, sir, I'm here.
Chairman Plummer: You better get up here in the front row.
Commissioner Sanchez: My questions are simple. It's questions pertaining to business issues.
Chairman Plummer: Ask.your question.
Commissioner Sanchez: We have -- how many years we have left on that lease?
Mr. Alejandro Vilarello (City Attorney): With Pan Am Air Bridge?
106 January 12, 1999
Commissioner Sanchez: Yes.
Mr. Vilarello: There is no lease. There's a standstill agreement that went into effect in 1990 for 10 years. 1
believe there's approximately a year, a year and a half left on that standstill agreement. What the City
Commission agreed to, at that time, was that nothing would be done to enhance or diminish either part's
positions in the case, in the matter, and that they would continue to pay rent of fifteen thousand dollars
($15,000) per year, for that period of time.
Commissioner Sanchez: What's a value price, per foot, of that property? I mean, come on. I mean, this is
prime land. I mean, the City cannot continue to move forward if we're not getting the best money for our
land. Plain and simple.
Mr. Erdal Donmez: Commissioner, Erdal Donmez from Real Estate and Economic Development. We don't
have an appraisal, you know, for the property at this point.
Commissioner Sanchez: On 26?
Mr. Donmez: That's correct.
Commissioner Sanchez: You don't have nothing on the land?
Mr. Donmez: But, we do have for the settlement, you know, we do have a financial analysis conducted by
an airport in a consultancy to determine the value of the land for Pan Am, as well as the helicopters. We
negotiated with Pan Am extensively and agreed on the terms based on the similar airport and heliport
facilities in South Florida. So, the numbers were driven from comparable, you know, facilities.
Chairman Plummer: OK. Mr. Gort, you had questions? Mr. Gort? Let me tell you something. As far as
I'm concerned, I think it's utterly ridiculous. I really do. These people have no proprietary rights. They
have no, no, they're going to run the airport out there and get a fee for it? Huh? Hello.
Mr. Donmez: Commissioner, they're going to be...
Chairman Plummer: Excuse me. I asked a question. Can I have an answer?
Mr. Donmez: The answer is yes.
Chairman Plummer: And how much is that fee they're going to receive?
Mr. Donmez: There is airport operators — we're receiving sixty thousand dollars ($60,000) from them.
Chairman Plummer: Sir, how much money are they going to receive? I don't need an editorial. I need an
answer.
Mr. Donmez: Well, at this point I'm not sure because we don't have the estimates yet.
Chairman Plummer: All right. Is there anybody besides you that is sure?
Mr. Donmez: Yeah, because we don't know the estimate.
Ms. Dena Bianchino (Assistant City Manger): We're going to get sixty thousand dollars ($60,000) a year
from them. We don't know how much they're going to get because we don't know how successful this
airport facility is going to be and how much money is going to be generated from it.
Chairman Plummer: OK.
Ms. Bianchino: One. thing that I think is important that you understand is that any money generated within
107 January 12, 1999
the boundaries of the aviation facility must remain within the.boundaries of the facility.
Chairman Plummer: Oh, yeah.
Ms. Bianchino: We can't -- it's not a typical lease arrangement that the City's going to get money from.
Commissioner Sanchez. I just wanted you to know that. It's a different kind of situation.
Chairman Plummer: Mr. Talbert, why don't you. get up there and tell us...
Commissioner Regalado: I've got a question.
Chairman Plummer: Mr. Regalado first.
Commissioner Regalado: How much is the helicopter company paying Pan Am now?
Mr. Donmez: Nothing right...
Commissioner Regalado: No.
Vice Chairman Gort: Nothing.
Commissioner Regalado: Yes?
Mr. Donmez: Presently...
Chairman Plummer: I thought we were operating that.
Mr. Donmez: ...Pan Am is not receiving anything from the helicopter operators.
Commissioner Regalado: How come I got a memo that says that the Miami -Dade Helicopter pays Pan Am?
I have the memo. So it was mistake from the administration,,I guess.
Mr. Donmez: It must...
Ms. Lori Billberry: The current...
Chairman Plummer: Your name.
Ms. Billberry: Lori Billberry, Asset Management. The current operator has, or the previous operator that
was at the old helicopter site, Dade Helicopter, has moved its operations into the Chalk's facilities and they
are renting. It may be at a nominal rent.
Commissioner Regalado: But they pay.
Chairman Plummer: Let me tell you something. Mr. Talbert? Bill? Pete?
Mr. Talbert: Yes, Commissioner. Thank you very much. As you...
Chairman Plummer: You know, ever since you became director, you look distinguished.
Mr. Talbert: I'm the acting director, that's why. Acting. Thank you very much. As you memo had in it, this
project actually goes back to 1993. The Convention Bureau has reserved the local match for the state grant,
which I think the City has had for some time. We're anxious, I think as the City is, to move forward on this
project. Our match is in the bank. There are those who have looked for that money. We have resisted that.
This project is going to be built. There's no one else will have an interest in the building, other than us here.
Chairman Plummer: Well, excuse me. I think the question that I needed to ask was, if we deny this and we
108 January 12, 1999
go to court, how does that affect you?
Mr. Talbert: Well, I think, as far as the match from the Bureau, we'll need to use that for -- our lease is
coming to an end on Brickell. As you know, this is the facility we had identified in partnership with you. if
this doesn't get approved and get resolved, which has been pending for a long time, you know, our match
will go away and we'll have to find another home for the Bureau. We're running out of time. And, as you
know from the newspapers, there are those who are looking to take that money that we have reserved to
build this building. I would urge this Commission to move forward. I think, as I read the resolution, the
formal documents and the total terms and conditions have to be negotiated by the City Manager and come
back to you but I think, for all practical purposes, this would die today.
Chairman Plummer: Don't say that. It makes me in a conflict of interest. Mr. City Attorney.
Mr. Talbert: It would be on life support.
Mr. Vilarello: I believe I've had an opportunity to explain to each of you the merits of the case that Pan Arm
Air Bridge brings as a successor and interest to Chalks Airline. They claim an interest in this land by
adverse possession. In 1989, there was a litigation that we commenced, the City commenced, and the City
Commission agreed not to do anything for 10 years, other than collect rent for fifteen thousand dollars
($15,000). There is a risk in any litigation. The business terms have been negotiated by the administration
and reflect a fair market return to the City for the operation of this facility. Therefore, since the City is not
actually coming out of pocket with any dollars, I would recommend to you that you take this opportunity to
resolve that pending claim, although I don't give great merit to their claim. It is in the City's interest to
resolve this claim. Should they be successful in their claim for adverse possession on the property, of
course, that means that they would be entitled to use of the land and fee without the City's participation in
that. So, that's why I recommend the settlement be considered by the City Commission.
Chairman Plummer: What happens, that standoff is over in two years?
Mr. Vilarello: I stand corrected. It's over in June of this year.
Chairman Plummer: OK. So, in June of this year, are they out?
Mr. Vilarello: June of this year, the parties are where they were when litigation started. They have a claim
for adverse possession and we have a lawsuit to request them to leave.
Chairman Plummer: And, in your opinion, do they have adverse possession?
Mr. Vilarello: As I mentioned before, I don't believe that they, their claim has much merit. I don't believe
that there is a theory of adverse possession of public lands. However, I can't guarantee the outcome of that
litigation.
Chairman Plummer: No, I understand that. All right. I've lost Mr. Sanchez. The floor is open for a motion.
Mr. Talbert, while I'm waiting for somebody to make a motion...
Vice Chairman Gort: I have a question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding is, and correct me if I'm wrong, we went to court and we made a
statement. Did we wait 10 years before anything could be done?
Chairman Plummer: That's it.
Mr. Vilarello: The City commenced an action to remove them from the property. The City Commission
settled that by simply agreeing not to do anything for 10 years.
109 January 12, 1999
Vice Chairman Gort: And that 10 years is iip...
Mr. Vilarello: In June of 1999.
Vice Chairman Gort: June, 1999. But my understanding is, they cannot wait. Now, let's go back. and 1
apologize, my understanding is, Pan American is going to be paying sixty thousand dollars ($60,000)?
Mr. Vilarello: That's under the business terms of the agreement. As I understand it, they pay a fee to the
airport facility of sixty thousand dollars ($60,000). They will make money based on how successful and
how long...
Chairman Plummer: And they don't pay anything.
Vice Chairman Gort: How successful — they might be into bankruptcy and this and that.
Chairman Plummer: They don't pay anything for the improvements.
Mr. Vilarello: They do pay a fair market rent for any space that they use in the facility, and there's
additional terms of the agreement that the administration negotiated.
Chairman Plummer: It is a...
Vice Chairman Gort: My question — my understanding...
Chairman Plummer: ...king size rip off.
Vice Chairman Gort: ...when we first moved on this, when it was about a year and a half ago, we made a
motion on this, when we approved this project to go up. How long ago was it?
Mr. Talbert: A couple years ago you approved...
Vice Chairman Gort: Couple years ago, OK. My recollection — I need to know this for my own
information. My understanding is, we were going to receive the revenues from the — what was the revenue
sources for the City of Miami besides being the building and so on and the...?
Mr. Donmez: Commissioner, the City is going to be collecting sixty thousand dollars ($60,000) from Pan
Am as the fixed space operator. But, when I'm referring to the City, the airport facility is a city -owned
aviation unit facility. We're going to be collecting rent from Pan Am and we're going to be collecting rent
from the Bureau and as well as there's going to be a food court facility and also the use of...
Vice Chairman Gort: OK, that's what I wanted to know.
Mr. Donmez: Yeah.
Vice Chairman Gort: The City will own the aviation rights.
Mr. Donmez: That's correct.
Vice Chairman Gort: The City will own the other facilities, like the restaurants and operations and so on?
Mr. Talbert: It's a city -owned facility, yes.
Vice Chairman Gort: And we would receive rent from all those individuals?
Mr. Talbert: That's correct.
110 January 12, 1999
Vice Chairman Gott: My understanding is, but we'll have to sign a contract with Pan .American, at least, .
just like you do with anybody else...
Chairman Plummer: How long?
Vice Chairman Gott: And if they don't comply - can I finish?
Chairman Plummer: I'm sorry.
Vice Chairman Gott: See, I lost my thought already. My understanding is that, as a normal lease agreement
between two parties, if they don't make their payments, they're out. Am I correct?
Mr. Talbert: That's correct, sir.
Vice Chairman Gort: So, whatever, this does not give them any right to stay. They have to comply and they
have to pay rent and if they don't pay rent, they're out.
Mr. Talbert: They're out.
Vice Chairman Gott: Also, my understanding is, we're to contact the, you have to refresh my mind because
this has been two years, my understanding was, that we had, at that time, about five helicopter companies in
here that they say they would love to use the facility. They do use Watson Island facility for landing and
take -off, and at present do not make any payments to the City. This individual, my understanding, once we
get this contract going, will start making payments to the City so that the City can receive revenue.
Mr. Donmez: All heliport operations will be consolidated in this facility, and we're going to start collecting.
Yes.
Vice Chairman Gott: yes or no? I mean...
Mr. Donmez: Yes.
Vice Chairman Gott: Come on, guys.
Mr. Donmez: Yes, yes.
Vice Chairman Gort: My understand is, which we're not getting right now.
Mr. Talbert: Right now we're not getting anything.
Vice Chairman Gott: The present contract with the helicopter company that is there, whatever the name is,
Dade Helicopter, would that be voided?
Mr. Talbert: Action Helicopter.
Vice Chairman Gott: That'll be out, too. So, it'll be a whole brand new game.
Mr. Talbert: That's correct.
Vice Chairman Gort: OK. -Based on that information that I recall right now, and that's the reason why I
voted. I'll make the motion to approve.
Chairman Plummer: Motion made to approve.
Commissioner Regalado: I'll, second that motion.
III January 12, 1999
Chairman Plummer: Seconded...
Commissioner Regalado: And I just want to say that I think that, if we don't do this, it will have a domino
effect throughout Watson Island. And I hope that, if we do this, if we resolve this situation, we'll see
construction in that area of the island very soon and I hope that Dena will follow through in what she said to
me yesterday in tetras of the area, and the vendors, and the fishermen in the area. So.. I second that motion.
Chairman Plummer: All right. How long is the proposed lease?
Mr. Talbert: It's 20 years with two 5-year options, sir.
Chairman Plummer: Boy, I tell you something. I'm in the wrong business. I wish I could rip off the City
like other people do. Hey, I'm voting against it. I think we ought to go to court. 1 think it's a lease hold
interest. They have no proprietary rights in this property. There's not been an appraisal. You're talking
about the City getting five thousand dollars ($5,000) a month. If that isn't the sweetheart cookie deal, I
never heard of one. Five thousand for waterfront property. They're not going to pay any taxes. 1 can't
believe that, who negotiated that deal?
Mt. Donmez: Commissioner, I'd like to make one clarification.
Chairman Plummer: You make whatever you want but it's not going to change my vote.
Mr. Donmez: The City is going to be in a position to collect, at this point, estimated two hundred and forty
plus thousand dollars of indirect costs.
Chairman Plummer: OK. I hear you, sir.
Mr. Donmez: On a yearly basis.
Vice Chairman Gott: I have a question.
Mr. Donmez: Yes.
Vice Chairman Gott: I know this is a sweet deal, according to his statement. How much are the people
that's been using Watson Island for the last 30 years have been — have paid, if any payments?
Ms. Billbetry: The previous helicopters were paying two thousand dollars ($2,000) a month to the City and
Chalks is presently. or Pan Am, excuse me, was paying fifteen thousand a year to the City.
Vice Chairman Gort: Fifteen thousand dollars ($15,000) a year for the...
Ms. Billberry: In accordance...
Vice Chairman Gott: ...same waterfront and the same property and so on?
Chairman Plummer: Explain to Mr. Gott how much Pan Am was paying -- excuse me. Chalk Airline was
paying to the City previously.
Ms. Billberry: Prior to 1989,1 do not know.
Chairman Plummer: Zilch. Nothing. You talk about a sweetheart deal. Let me tell you something. God
bless them. They have rooked out of this City another sweetheart deal. God bless them.
Mr. Donmez: Vice Chairman Gott?
112 January 12, 1999
•m
Chairman Plummer: Call the roll. Hey, there's no more. All we're doing is, we're beating a dead dog. All
right. Call the roll.
Mr. Walter Foeman (City Clerk): Roll call. Vice Chairman Gort?
Vice Chairman Gort: Yes.
Mr. Foeman: Commissioner Sanchez?
Commissioner Sanchez: No.
Mr. Foeman: Chairman Plummer?
Commissioner Sanchez: Hello?
Chairman Plummer: No.
Commissioner Sanchez: Yes.
Chairman Plummer: Motion is denied.
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[Note For The Record: Although absent during roll call, Commissioner Regalado requested to be shown
in agreement with the motion, which would have made a two -two -tie vote. Pursuant to Mason's Rules of
Legislative Procedure, a two -two tie vote results in no action, and leaves the situation unchanged.]
Chairman Plummer: Bill, I have a question because it's come up. Requesting from you, sir, how much of
the TDC (Tourism Development Council) money, the bed tax money, is collected from the City? You don't
have to give me and answer now.
Mr. Talbert: OK.
Chairman Plummer: How much money is collected from within the City of Miami and then how much
money the City of Miami gets back direct costs? So, you send us a memo because the question's been
asked.
113 January 12, 1999
Mr. Talbert: Commissioner, I'll be glad. Could I just'put something on the record? Thirty seconds
Chairman Plummer: Absolutely.
Mr. Talbert: The issue with Miami Beach. Let me make it clear to this Commission, your administration.
The City of Miami Beach collects -- they levy and collect all of the hotel tax on the beach.
Chairman Plummer: Yeah. Five percent.
Mr. Talbert: And they administer it. And you may have read it in the newspaper. I've given them money or
-- they can keep it all. They can give it all to me. It's just whatever we can negotiate. But it's their collection
and their administration and there's nothing my .board can do about it. There's nothing the County
Commission can do about it. And, unfortunately, there's nothing that this Commission could do about it.
Chairman Plummer: Mr. City Manager and Mr. City Attorney, I'm asking you and directing you, at earliest
convenience, to come back to this Commission of how the City of Miami can establish the same at
that
Miami Beach has for all of the money they collect, they keep, OK? Thank you. All right. We're on Item 27.
Item 27 is NorthernTrust Bank. Two hundred thousand dollars ($200,000).
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Sir.
Commissioner Regalado: I didn't get to vote on 26. Sony.
Chairman Plummer: All right, sir.
Commissioner Regalado: Can I record my vote as yes?
Chairman Plummer: Yes, sir. It is a two -two tie and so defeated.
38. AUTHORIZE SETTLEMENT: NORTHERN TRUST, ET. AL., WITHOUT ADMISSION OF
LIABILITY — PAY $200,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CAUSE NORTHERN
TRUST BANK OF FLORIDA, N.A., ET. AL. V. CITY OF MIAMI, ET. AL., (CASE NO. 97-09112 CA
(21),) -- ALLOCATE FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 515001.624401.6.653.
Chairman Plummer: Item 27. Northern Trust Bank, City of Miami. What is this for?
Mr. Alejandro Vilarello (City Attorney): This is a request to settle a lawsuit. Northern Trust is the trustee
for Kara Goodman. This is an automobile accident with significant injuries and — that the plaintiff sustained
significant injuries, and I recommend a settlement of this case in the amount of two hundred thousand
dollars ($200,000). A hundred thousand dollars ($100,000) for Barbara Goodman. A hundred thousand
dollars ($100,000) for Kara Goodman.
Chairman Plummer: What was the liability?
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Excuse me. What was the liability?
Mr. Vilarello: The nature of the liability is an obstructed right-of-way and view corridor, as someone — as
Miss Goodman was turning onto Tiger Tail.
Chairman Plummer: OK.
114 January 12, 1999
Commissioner Regalado: Mr. Chairman? -
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. City Attorney, have all other parties settled on this case?
Mr.' Vilarello: All — the adjacent property owner has settled and the vehicle that collided with -the Goodman
vehicle has also settled, as I understand.
Commissioner Sanchez:. So, in other words, you don't want us to left with holding the bag?
Mr. Vilarello: There are significant damages in this case and I -- my recommendation is -- there is over a
million dollars in medical expenses to date. Yes, my recommendation is to settle the case.
Commissioner Sanchez: As long as it's your recommendation.
Chairman Plummer: Moved by Sanchez. Seconded by Gort.
Commissioner Regalado: I just want to say that...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Verybriefly. I just happen to know about this case and I think that we should
follow the City Attorney's advice.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show it unanimous.
115 January 12, 1999
i
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-36
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
NORTHERN TRUST, ET. AL., WITHOUT -ADMISSION OF
LIABILITY, THE SUM OF .$200,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CAUSE NORTHERN
TRUST BANK OF FLORIDA, N.A., ET. AL. V. CITY OF MIAMI, ET.
AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADS COUNTY, FLORIDA, CASE
NO. 97-09112 CA (21), UPON THE EXECUTION OF A GENERAL
RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND
FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY
AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFOR FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 515001.624401.6.653.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:,
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
39. DIRECT ADMINISTRATION TO CHECK CEMENT PLANTS QUICKLY IN WYNWOOD FOR
POTENTIAL ENVIRONMENTAL HAZARD. —WHITE DUST CLOUD
Chairman Plummer: Mr. Manager, while Mr. Carrasquillo was here from Wynwood, I sent you a memo in
reference to the two cement plants. Sir, unless they've started making white asphalt, those areas up there or
both of those concrete places are absolutely -- you can't drive down the street without a cloud of dust and a
mighty high old white. It is incredible 'and you're telling me in a memo that I've got to have DERM
(Development of Environmental Resources Management) do a certification that something is grandfathered.
Mr. Manager, I beg you to go look at it and it'll clear up your mind very quickly that something needs to be
done and done quickly. Thank you, sir.
[NOTE FOR THE RECORD: ITEM 28-A WAS TABLED UNTIL LATER IN THE COMMISSION
MEETING]
Chairman Plummer: Item 28-A. Twenty-eight A, 64 hour — this was Commissioner Teele's. Let's put it of
until he's here.
116 January 12, 1999
40. ACCEPT BID: FLORIDA LAWN SERVICE, INC., — FOR "BRICKELL AVENUE MEDIANS
LANDSCAPE RENOVATION AND MAINTENANCE, B-6307"; — ALLOCATE $71,395 THEREFOR
FROM THE GENERAL FUND, ACCOUNT CODE NO. 310501-340, -- INSTRUCT
ADMINISTRATION TO INFORM TORY JACOBS THAT ITEM PASSED.
Chairman_ Plummer: Twenty-nine. Florida Lawn Service, Brickell. Moved by Mr. Gort. Seconded by
Commissioner Plummer. Anybody got a problem with 29? All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 99-37
A RESOLUTION ACCEPTING THE BID OF FLORIDA LAWN
SERVICE, INC., IN THE PROPOSED AMOUNT OF $71,395.00,
WHICH CONSISTS OF $22,395 FOR RENOVATION REPAIRS,
PLUS $49,000 FOR ANNUAL MAINTENANCE, WITH THE OPTION
TO EXTEND THE ANNUAL MAINTENANCE FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, FOR THE PROJECT
ENTITLED "BRICKELL AVENUE MEDIANS LANDSCAPE
RENOVATION AND MAINTENANCE, B-6307; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL FUND, ACCOUNT
CODE NO. 310501-340, AS APPROPRIATED BY FISCAL YEAR
1998-1999 ANNUAL APPROPRIATIONS ORDINANCE NO. 11705,
AS AMENDED, IN THE AMOUNT OF $71,395.00 TO COVER THE
CONTRACT COST; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: Would you please instruct Mr. Tory Jacobs that that matter passed, please? Item 30 is
withdrawn.
117 January 12, 1999
41. AUTHORIZE ENGAGEMENT OF DAVIS WEBER & EDWARDS -- FOR REPRESENTATION
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") IN THE CASE OF DECOMA,
LTD., A TEXAS LIMITED PARTNERSHIP VS. CITY OF MIAMI, A FLORIDA MUNICIPAL
CORPORATION, AND MIAMI SPORTS AND EXHIBITION AUTHORITY, CASE NO. 96-12055 CA
04 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT — ALLOCATE $30.000, AT
A BLENDED RATE OF $150.00 PER HOUR, PLUS COSTS FROM THE CITY OF MIAMI SELF-
INSURANCE AND INSURANCE TRUST FUND.
Chairman Plummer: Thirty-one. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): The MSEA (Miami Sports and Exhibition Authority) board had
approved -- requested the reproval of the Davis Weber firm being retained by the City in the litigation of
Decoma versus the City of Miami and the Miami Sports and Exhibition Authority. The City Code requires
that the City Commission approve the retention of outside counsel by the MSEA Board and...
Vice Chairman Gort: Move it.
Mr. Vilarello:... it has my recommendation.
Chairman Plummer: All right.
Commissioner Sanchez: Second.
Chairman Plummer: Moved by...
Vice Chairman Gort: Gort. Second by Sanchez.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. All in favor, say "aye."'
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
118 January 12, 1999
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 99-38
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MIAMI CITY COMMISSION APPROVING THE
REQUEST OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY ("MSEA") BY AUTHORIZING THE CITY
ATTORNEY, ON BEHALF OF MSEA, TO RETAIN THE LAW FIRM
OF DAVIS WEBER & EDWARDS TO REPRESENT MSEA IN THE
CASE OF DECOMA, LTD., A TEXAS LIMITED PARTNERSHIP VS.
CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION, AND
MIAMI SPORTS AND EXHIBITION AUTHORITY, CASE NO. 96-
12055 CA 04 IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT, IN AN AMOUNT NOT TO EXCEED $30,000,
PLUS COSTS AS APPROVED BY THE CITY ATTORNEY;
ALLOCATING FUNDS THEREFOR FROM THE MSEA
OPERATING ACCOUNT NO. 01890011173 84.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: Item 32, discussion concerning the review and the restructuring of the NET
(Neighborhood Enhancement Team) offices. We'll come back to.
142. BRIEF DISCUSSION REGARDING SPRING INAUGURAL AT LEGION PARK (SEE LABEL 49).
Chairman Plummer: The renovation of Legion Park. Mr. City Manager?
Mr. Donald Warshaw (City Manager): I just sent you something during lunch time. I think that you wanted
the celebration of the Spring Inaugural and renovation...
Chairman Plummer: That's right.
Mr. Warshaw: I think it's the 21st of March.
Chairman Plummer: You're going to participate with them, Mr. Ruder?
Mr. Albert Ruder (Director/Parks and Recreation): Yes. Ourselves and the NET (Neighborhood
Enhancement Team) offices are working with the Committee to organize the festival.
Chairman Plummer: All right. You're going to take care of them?
Mr. Ruder: Yes, sir.
119 January 12, 1999
Mr. Warshaw: Yes, sir.
Chairman Plummer: Yes.
Mr. Ruder: Definitely.
Chairman Plummer: OK. Thank you, sir.
43. DISCUSS PROCESS TO ESTABLISH AN AFFILIATE OF KEEP FLORIDA BEAUTIFUL INC.,
WITHIN THE CITY OF MIAMI. — SEE LABEL 48.
Chairman Plummer: Mr. Regalado's request to the process to establish an affiliate of Keep Florida
Beautiful. Mr. Regalado.
Commissioner Regalado: Yes. I think that the City Attorney's Office has already... write the ordinance.
Chairman Plummer: The matter's resolved?
Commissioner Regalado: As a result of the input received by the City Attorney and my office from
Clarence Patterson, and I don't have the ordinance here but I think the City Attorney — I think that Maria
Chiaro wrote that and Mr. Patterson, I think that you have a lot'of input on this issue, so I would like for you
to make a comment.
Chairman Plummer: Mr. Patterson.
Mr. Clarence Patterson (Director, Solid Waste): Thank you, Commissioner. This Item 34 will have some
financial impact. Requires a 501(3)(c) incorporation with the State of Florida. That has to be followed
through. And, of course, what kind of support staff that may be necessary to support that committee, we
have not finalized that at this particular time. I think it's a good item but I think we need to look at whatever
the financial impact is before we proceed.
Chairman Plummer: All right.
Mr. Alejandro Vilarello (City Attorney): Commissioner Plummer, we have prepared a resolution.
Chairman Plummer: Mr. City Attorney, you have a prepared resolution?
Mr. Vilarello: It's a resolution of the City of Miami Commission...
Chairman Plummer: Has it been surrendered to the Manager first for fiscal impact?
Mr. Vilarello: 1 don't believe this has a fiscal impact.
Chairman Plummer: He said that it did.
Commissioner Regalado: Mine does not have a fiscal impact. Just the payment of the creation of the 501.
Mr. Donald Warshaw (City Manager): Yes, it's a...
Chairman Plummer: Excuse me. I heard him say a fiscal impact, it had one, and I'm asking, according to
our new ordinance, it has to go before the Manager.
Mr. Patterson: I don't know what's entailed, Commissioner, at this time of what requires to incorporate a
50](3)(c).
Chairman Plummer: Subject to the approval of the City Manager on fiscal impact. Read it.
120 January 12, 1999
Mr. Vilarello: I'm sorry. Commissioner, before there is — before you even consider an item, it has to have
an impact review by the Manager.
Chairman Plummer: We'll bring it back today or next meeting.
Mr. Warshaw: We'll bring it back today.
Chairman Plummer: All right, that's fine.
44. DISCUSS NEED FOR PROPOSED NEWSRACK ORDINANCE. TO BRING UNIFORMITY TO
NEWSPAPER RACKS IN CITY — SCHEDULE ITEM FOR NEXT CITY COMMISSION MEETING.
Chairman Plummer: On discussion of the news rack, which is my request. Mr. City Attorney, please
schedule for the next City Commission hearing on the agenda for the potential action of uniformity of news
racks within the City of Miami.
Mr. Jim Kay (Director of Department of Public Works): OK. This will be a first reading ?
Chairman Plummer: Be a first reading. No, not today. No. Give everybody a public hearing and
everything. I don't know why this City would even consider having less than what the City of Coral Gables
has in uniformity, decency and not fourteen thousand of them on every corner, OK.
45. DIRECT ADMINISTRATION TO LIST IN-HOUSE ITEMS AT END OF AGENDA.
Chairman Plummer: The next item, discussion — let me go through — Mr. Manager, in the future, because
somewhere along the line I don't know what happened to the item where the agenda was going to be you and
I instead of anybody else. May I strongly suggest that these in-house items be put to the end of the agenda?
Let's take care of the public. Let's get the public finished. Let's get the city employees back to work, and
then we can do the rest of the agendas after that, OK. Item 36. You want to do that or can it wait? Let's let
it wait.
Mr. Donald Warshaw (City Manager): OK.
46. DISCUSS IMPACT OF PROPOSED FEDERAL LEGISLATION ON HEALTH CARE AND HMO
INDUSTRY - DIRECT CITY MANAGER TO ISSUE WITH IN-HOUSE PERSONNEL REQUEST
FOR PROPOSALS IN CONNECTION WITH HEALTH INSURANCE FOR CITY EMPLOYEES —
FURTHER INSTRUCT MANAGER TO REVIEW WITH UNION REPRESENTATIVES HEALTH
INSURANCE REQUEST FOR PROPOSALS ISSUED BY BROWARD COUNTY SCHOOL BOARD
Chairman Plummer: All right. Discussion concerning monthly status reports on the City budget, we can
wait. Regalado's request discussion concerning the possibility of the termination of the contract with Cigna
and the RFQ (Request For Qualification) process. I think that is important. Mr. Regalado.
Commissioner Regalado: OK. We decided on the last Commission meeting that the City should move
forward with the process of trying to find the same or a new company in terms of the health insurance for
the employees of the City of Miami. I talked to the members of the administration staff and what I said is
what I really believe. The health industry is going through.a tremendous change and in the next few months
in Congress, there will be many changes when social security and Medicare are modified. This will change
dramatically the HMOs (Health and Maintenance Organization) and other health organizations. Personally,
I think that the HMO industry and the health industry, in general, is trying to cut corners and costs and, as a
result of that, I had had complaints from some employees regarding this health insurance, so...
Chairman Plummer: If I may?
121 January 12, 1999
Commissioner Regalado: Sure. '
Chairman Plummer: Let me tell you something. Mr. Manager, you need to hear this. I have my daughter
covered under a Cobra, OK? Because she turned 25 years of age, she could no longer be covered as a
family dependent.
Mr. Donald Warshaw (City Manager): That's correct.
Chairman Plummer: 1 am paying two hundred and ninety-one dollars ($291) a month for her health
insurance. Out of a clear blue sky, without any notice, without any phone call, I get bill in January that now
gone to $333. It's preposterous. It is absolutely, in my opinion, taking advantage of the City in the area that
the fact that people out here today and all of these health institutes are much less money. Now, Mr.
Regalado, whatever you want to do, sir, I think it's — how long have they had this contract?
Commissioner Regalado: Four years.
Mr. Warshaw: Four years.
Chairman Plummer: How many too long years have they had this contract? I think it is high time that we
go out with the unions, with the unions, try to get a better contract and we may or we may not get a better
contract but let me tell you something...
Commissioner Regalado: I — Mr. Chairman, I think that, first of all, the union should have their input
because...
Chairman Plummer: Oh, absolutely.
Commissioner. Regalado: They know what the employees and the members want. You mentioned in your
case but I was talking to them about an employee, a park employee, who makes minimum wage and he had
to pay, 1 think, ten more dollars or 12, right. Fourteen, was it Mario? Fourteen more dollars.
Mr. Mario Soldevilla: Right. It was increased, but that was for the — what happened was, is that he was
paying the same amount of money. The amount of money that went up was an additional two dollars and
fifty cents ($2.50) for the dental portion of his coverage.
Commissioner Regalado: Right. The problem is that, I don't notice a raise of that magnitude but he does
and a lot of people do. My argument on this one is that, first of all, it looks difficult to digest, the fact that
this contract renovates itself year by year and that we should open the door for other companies or entities to
compete. I -- like I said, I think there's going to be a lot of changes in the health industry and I think that we
should take into account what other companies offer. So. I will move to start. And another thing that I
really think. I don't think that we should go out and hire a company to do the RFP (Request For Proposal). I
think that you have qualified people in your department; that we have an administration that we're proud of,
that we were told by the Oversight Board to hire mid -management, and we should not go out and pay — how
much are we going to pay if we go out for a company?
Mr. Soldevilla: We estimate that it would be anywhere between ten to fifteen thousand dollars ($15,000).
Commissioner Regalado: That's it. I think that the RFP -- as a matter of fact, the Broward School Board
just Out out an RFP for the health contract of all the employees, and that's a huge contract. You can get that
RFP consultant with the unions, the different members of the administration, and we save fifteen thousand
dollars ($15,000). It's as easy as that. And not only that, we will expedite the process because that — if we
now tell you, go out and hire somebody, then you come back and you let us hire somebody, then you — we
say, yes, and then you come back. Oh, these people are recommending this thing, RFP, and will be one of
two years in the making. So, my motion, Mr. Chairman, will be to start an RFP process within the
administration.
122 January 12, 1999
Chairman Plummer: Mr. Cox.
Mr. Charlie Cox (President, American Federation of State, County and Municipal Employees): Yes.
Commissioners, my name is Charlie Cox, 4011 West Flagler Street. Let me educate on two issues that you
just brought up and explain some things to you so you're well -aware of it. Number one is, Cobra. The
Cigna company doesn't adjust those rates. They don't come from Cigna. They come from the Citv of
Miami. They're the ones that tell you how much insurance costs, OK. So don't blame a company for doing
that because any company we come in here...
Chairman Plummer: OK. Thank you. And I want — then I know who to ask the question, why?
Mr. Cox: We're based on what the insurance costs, per employee, so when you leave here, anybody covered
under Cobra — that's state law — they have to give the price to it. Cigna can only put on the administrative
costs to it, which is spread out over all of us, OK. So...
Chairman Plummer: Thank you, sir.
Mr. Cox: Number one issue. Number two issue.
Chairman Plummer: We're going after somebody.
Mr. Cox: We have in our plan, for people just like you said, a young person with the City that doesn't make
a lot of money. They can opt out of that dental because what's happened is — I'll be the first one to admit —
dental coverage is not great but it's not great with any dental plan out there.
Chairman Plummer: It's horrible.
Mr. Cox: It's not — you tried 15 of them and I've priced all of them because we used to carry the dental
insurance through the Union. The City never had dental insurance. We did it through the Union for our
employees. But you know what, believe it or not, that's one of the best plans out there, as far — because
you've got to look out...
Chairman Plummer: And, if it is, they'll win again.
Mr. Cox: You've got to look out for how many doctors you have in the plan and that's the biggest problem.
Let me inform you on something else. We used to have three HMOs that we could choose from and you
know why that was changed? To save the City tons of money because we didn't control it. The HMOs said,
City. you will pay this much. City, you will pay this much. Now, even through the network, whatever is
used is what the City is charged for. Right? Correct me if I'm wrong.
Mr. Soldevilla: Well, the rates are determined...
Mr. Cox: In other words, the employees no longer have a choice of the three different that -- we used to
have Humana. We used to have — I want to say Blue Cross/Blue Shield but it was South Florida at the time.
And what happened was, those companies charged the City for that coverage by going self -insured. This
City is totally self -insured for the health insurance. So, every time the government steps in, our wonderful
government steps in, we lose benefits. Look at workman's comp. Every time the state steps in, we lose
benefits. And you know what, where does it come from? It comes from the employees. The employees
have a choice. If you want to hand pick which doctor you go to, that's a Cadillac plan. It's a Cadillac plan
and you keep saying, let's go compare to Dade County. Let's go compare to this company. They don't have
it. They either have a PPO or an HMO. So, if you want to take the indemnity plan away, yeah, you're going
to save a ton of money but you're going to kill better than 50 percent of the employees that want to pay that
extra money to see their own doctors.
Chairman Plummer: The motion on the floor is to start the process. It's moved by Regalado. Seconded by
123 January 12, 1999
j
myself.
Commissioner Regalado: Yeah, but..
Chairman Plummer: Mr. Warshaw.
Commissioner Regalado: Yeah but, I —Charlie, I just want to ask you something.
Mr. Cox: Yes.
Commissioner Regalado: Do you agree that you, as a representative of the union and other members of the
union, should have the benefit of exploring better service for the same money or less money?
Mr. Cox: Absolutely.
Commissioner Regalado: OK.
Mr. Cox: I have no problems with that.
Chainnan Plummer: That's it.
Mr. Cox: But the only thing I say to you is, it needs to be a comparable company
Chairman Plummer: Absolutely.
Commissioner Regalado: The best. I mean...
Chairman Plummer: Mr. Warshaw.
Mr. Cox: Because I'm going.to tell you, when we went out for bids...
Commissioner Regalado: Hey, we're not disguised.
Chairman Plummer: Please, gentlemen.
Mr. Cox: When we went out forbids...
Chairman Plummer: We're going to be here all night.
Mr. Cox: ...five years ago, you had bids from Australia. Who's.going to go to Australia, OK?,
Commissioner Regalado: Of course.
Chairman Plummer: Mr. Warshaw.
Commissioner Regalado: So -- but. Mr...
Vice Chairman Gort: Do they pay for the trip?
Commissioner Regalado: Yes, they do. Mr. Manager, about this going out for a bid. I think that there are
capable people in your administration.
Chairman Plummer: You said that.
Commissioner Regalado: Yeah, but I'm...
124 January 12, 1999
Mr. Warshaw: Commissioner, just give me 60 seconds on this one. First of all, I fully support and I think
it's about time now that we do go out and explore what's in the market place because, basically, the health
benefits field is kind of like the Internet. That's how fast it's moving. There are things changing at a rapid
pace. And what we're basically doing, as a self -insured city, is buying networks.
Chairman Plummer: A lot of them are going out of business.
Mr. Warshaw: Networks are, in effect, banks of doctors and hospitals that our employees benefit from. So.
we need to ensure that what we're buying is going to be able to provide the services that are needed by our
employees, by retirees, and so on. I would just ask, Commissioner Regalado, if you would give me the
opportunity to sit with you on the issue of the hiring of a consultant and, although the staff definitely does
have the ability and technical know-how to administer a plan, there are things going on in the industry that
we do not have the people in-house who really know and understand what it is that's available out there, and
I think it would be something we should at least take a look at so we can bring in an expert who can really
feed to us everything there is that is available, and I'd like to sit with you, if I can, on that.
Commissioner Regalado: Sure. I have no problem. But why don't you first get the RFP from the Broward
School Board.
Mr. Warshaw: We will.
Commissioner Regalado: And then, you know, you look at it. You have the unions look at it.
Chairman Plummer: Why waste fifteen thousand dollars ($15,000)...
Commissioner Regalado: That's what I'm saying.
Chairman Plummer: ...if they can save you a million?
Commissioner Regalado: Yeah.
Chairman Plummer: OK.
Mr. Warshaw: We'll do that.
Chairman Plummer: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
125 January 12, 1999
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-39
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ISSUE REQUEST FOR PROPOSALS IN
CONNECTION WITH HEALTH INSURANCE FOR CITY
EMPLOYEES; FURTHER INSTRUCTING THE MANAGER TO
REVIEW ALONG WITH THE UNION REPRESENTATIVES, THE
CURRENT REQUEST FOR PORPOSALS FOR HEALTH
INSURANCE ISSUED BY BROWARD COUNTY SCHOOL BOARD.
Upon being seconded by Chairman Plummer, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: Next item is Item 40 on the Virrick Gym. That's been deferred so, I assume, you want
to put that off until the next meeting, Mr. Regalado?
Commissioner Regalado: Yes, sir.
Chairman Plummer: All right.
47. DISCUSS IMPACT AND IMPLEMENTATION OF AMENDMENT #3 (INCREASE
HOMESTEAD EXEMPTION TO RESIDENTS 65 AND OVER WITH INCOME OF LESS THAN
$20,00) WITHIN CITY OF MIAMI.
Chairman Plummer: Item 41, implementation of Amendment III. I don't know what that is.
Commissioner Regalado: Amendment III was approved by the voters of the State of Florida in the last
general election, November 4, 1998. Amendment III doubles the Homestead Exemption for people 65 years
of age and older and with an income of less than twenty thousand dollars ($20,000). What this does, this
will decrease the taxes on the properties of these people by several hundred dollars. This will have a
monetary impact in the City of Miami of three million a hundred thousand dollars ($3,100,000) in the
budget of year 99/2000. The state legislature is going to implement on their next regular session in
Tallahassee what this -- what the voters of the State of Florida did approve. However, there are counties
that does -- they don't have to, by mandate, adhere to this.
Chairman Plummer: All right. What do you want to do with it?
Commissioner Regalado: OK. I want to do two things. First of all...
Chairman Plummer: Number one.
Commissioner Regalado: Number one. Tell you that the voters of the City of Miami -- and this is very
interesting because it is the first time in the history of the City of Miami that one issue or a candidate or an
issue has received 91 percent of the votes. The voters — out of 10 voters that went to the polls, nine voted
yes in the City of Miami. In Dade County, Miami -Dade County, there are twenty-six thousand residents or
property owners that will be benefited by this amendment and, of thousand twenty-six thousand in the City
126 January 12, 1999
of Miami, there are ten thousand and four hundred. So, the municipality of Miami will be the most
impacted municipality by Amendment Number 3.
Chairman Plummer: This is state legislature? State legislature?
Commissioner Regalado: Yes.
Chairman Plummer: OK.
Commissioner Regalado: But the City and the County have the right to -- not to implement it or to
implement it. So, my first motion will be to direct administration to start the process of looking into the
budget so, when we implement this in the City of Miami, we will know for sure what kind of monetary
impact we'll have...
Chairman Plummer: All right.
Commissioner Regalado: ...in the 99/2000 budget.
Chairman Plummer: The administration is so informed.
Vice Chairman Gort: I have a question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: The criteria and guidelines to apply this fund, is that already being set by the
legislation or we, as the City and the County, can do the same? For example, all of a sudden you can have,
within the last six months, all kinds of senior citizens buying property. What it is, property being transferred
from someone to somebody else. is there going to be a minimum of ownership for "x" amount of time?
Commissioner Regalado: It would...
Vice Chairman Gort: At the same time, the...
Commissioner Regalado: Commissioner, that would be done by the state legislature.
Vice Chairman Gort: The state legislature.
Commissioner Regalado: They will set the guidelines.
Vice Chairman Gort: At the same time, my understanding is, that the guidelines haven't been set yet, right?
Commissioner Regalado: I'm sorry?
Vice Chairman Gort: Have the guidelines been set yet?
Commissioner Regalado: No. They will be on the next session of the legislature. Commissioner Sanchez,
I'm sure. The issue that I want to...
Vice Chairman Gort: No, I understand. But I just got a couple of questions and I'm all in favor of it. But, at
the same time, my understanding also, at the end of the time when the person sells the house, the City or the
County will have...
Commissioner Regalado: It reverts to the original...
Vice Chairman Gort: Reverts to the — no.
r
127 January 12, 1999
Commissioner Regalado: Tax...
Vice Chairman Gort: The taxes that have not been paid will be deducted from the sale?
Commissioner Regalado: Oh, no, absolutely not. No.
Vice Chairman Gort: No? OK.
Commissioner Regalado: Those taxes will be lost forever. I mean, there's no coming back. If the person
dies or they sell the house or, you know, that would never — it would never -- however, if they sell the
property to you, you know, or anybody else, then it will revert to the same bracket of taxes. The reason I
wanted to bring this issue is because Commissioner Sanchez is going to go to the legislature as the liaison
and this is a matter of great importance for the City of Miami. You know, Miami is the municipality
throughout the whole state of Florida that has the most people impacted by this amendment.
Chairman Plummer: OK. What action do we need to take today?
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Yes. Mr. Sanchez.
Commissioner Sanchez: The action, I believe, that Commissioner Regalado is requesting is, for the City to
prepare for it because I don't see any reason why we're going to turn it down. It was a referendum passed by
the people and whoever is 65 years old or has an income of less than twenty-five thousand dollars ($25,000)
is going to get that break in the Homestead Exemption. Now, just to elaborate a little bit on who's going to
implement it on the state side is going to be Representative Villalobos and in the County it's going to
Barreiro, which is probably going to be implemented. So, what we're asking the City is, to figure out an
impact that it's going to have on the City because pertaining to the numbers, there are a lot of elderly people
that are going to qualify for it and we should get ready for it.
Chairman Plummer: Thank you, sir. Mr. City Attorney.
Commissioner Regalado: OK. So, the motion will be to start the process.
Chairman Plummer: Start the process. You don't need a motion but we've got a motion. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): I just wanted to note that the Manager's legislative agenda
includes an attempt to search for funds to make up the difference in this additional Homestead Exemption.
Chairman Plummer: All right. Item -- you understand, Mr. Manager?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: All right.
48. DISCUSS BUDGETARY IMPACT -- ENCOURAGE ESTABLISHMENT OF KEEP MIAMI
BEAUTIFUL,INC. — TO ASSIST MAKING MIAMI HEALTHIER / CLEANER / SAFER PLACE —
SEE LABEL 43.
Chairman Plummer: Item 33. Mr. Manager, you asked to revisit 33.
Mr. Donald Warshaw (City Manager): Thirty-four.
Chairman Plummer: Thirty-four. There's somebody in my office who wants to address 33, but hold on.
Thirty-three, hold on. Thirty-four.
128 January 12, 1999
Mr. Warshaw: Thirty-four. On the budgetary impact is the minimal amount of money.
Chairman Plummer: On the medium strip on Brickell Avenue. The landscaping. What's the medium --
what is the impact?
Mr. Warshaw: No, no, this is on 34.
Mr. Alejandro Vilarello (City Attorney): No, no.
Mr. Warshaw: On the Keep Florida Beautiful.
Mr. Vilarello: Keep Miami Beautiful.
Chairman Plummer: How much is the impact?
Mr. Warshaw: It's the minimal amount, so the budgetary impact is basically minimal.
Chairman Plummer: It's nil. Mr...
Unidentified Speaker: It's in our budget.
Vice Chairman Gort:.Move it.
Chairman Plummer: ... Regalado moves 34 and Commissioner Gort seconds 34. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Passes unanimous.
129 January 12, 1999
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-40
A RESOLUTION OF THE MIAMI CITY COMMISSION
ENCOURAGING THE ESTABLISHMENT LOCALLY OF KEEP
MIAMI BEAUTIFUL, INC. AS A 501(C)3 NONPROFIT
ORGANIZATION TO ASSIST IN MAKING MIAMI A CLEANER.
HEALTHIER AND SAFER PLACE IN WHICH TO LIVE, WORK
AND PLAY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman.J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
49. CONTINUE DISCUSSION ON FUNDING RENOVATIONS FOR LEGION PARK — SEE LABEL
42.
Chairman Plummer: Mr. Thirty-three. You asked to be heard, sir. You weren't here before. You were out
-- extended lunch or whatever else.
Mr. Robert Flanders: Well, actually, it was the traffic on Dixie Highway.
Chairman Plummer: All right, sir. Before you start, Mr. Ruder?
Mr. Alberto Ruder (Director, Parks & Recreation): Yes.
Chairman Plummer: You tell this gentleman what you told me, of -how nice you're going to take care of him
on Item 33.
Mr. Ruder: I already did. I already did, before he came up.
Chairman Plummer: And is he satisfied?
Mr. Ruder: Yeah, but he still wanted to address the Commission.
Chairman Plummer: All right, sir.
Mr. Flanders: Well, first of all, we wanted to thank the Commission and the City Manager and the director
of Parks and Recreation, Mr. Ruder, for the support that we've been getting in the Upper Eastside and,
particularly you and your staff, Commissioner Plummer. Martha Aleman has been there every step of the
way and we think she's just fantastic. In any case, a year ago, the Upper Eastside Miami Council, which I'm
a member of and the founder, recognized the asset that was just lying there called Legion Park. We adopted
it. We created the Friends of Legion Park. I have the Chairman of the Friends of Legion Park, Eleanor
Clevenger. As you will recall, we gave a 4th of July celebration, attended by five or six hundred people.
Well, based on the success of that and the support that we found in the community to turn this park into an
130 January 12, 1999
asset that Miami would be proud of, we have created the first annual — we hope it's the first annual — Upper
Eastside Spring Festival, to be held on March 21 st. Interestingly enough, we've already landed the United
States Tennis Association in terms of a commitment to fund, if we will build the tennis court with the
money that we raise, to fund the complete program, including the -- all the equipment and the instructor. I'll
let Eleanor say a few words but thank you for allowing us to address you.
Ms. Clevenger: I want just want -to add, briefly, to what Bob Flanders had to say that really, through J.L.
Plummer's assistance...
Chairman Plummer: Your name and address?
Ms. Eleanor Clevenger: Eleanor Clevenger, 780 Northeast 69th Street. And also to the Fred Fernandez, at
the NET (Neighborhood Enhancement Team) office, which has been integral to the development of our
community.
Chairman Plummer: His office is in the park.
Ms. Clevenger: But he's done a lot of good — the NET office has really helped facilitate information, the
dissemination of information to the community. Our goal and vision in helping the park and we hope,
within the next few years, five years or so, to raise half a million dollars ($500,000) for programming and
facilities for that park; to be targeted and to -- really to be developed as a community center and a real asset
for Miami Dade, as it is the gateway to Miami.
Chairman Plummer: Mr. Ruder, did we have any money in the Parks Bond issue for their...
Mr. Ruder: We have a hundred and fifty thousand to do some capital improvements that are underway now.
Chairman Plummer: At Legion Park?
Mr. Ruder: Right. But what they're saying is, that they're going to come forward and come up with more
money and also give us programming money.
Chairman Plummer: OK.
Mr. Ruder: And it's not every day that a group like this comes forward to help us and we're very grateful
Chairman Plummer: I'm sure that Gwendolyn Warren is listening to my loud mouth and if you'll see her
about the possibility of consideration for Legion Park in the CDBG (Community Development Block Grant)
funds. I'm not going to guarantee you're going to get them but you've got to be standing in line if you want
to try to get them. I go by Legion Park at least two to three times a week and it is disheartening to go there
to that park and find one car or maybe two and it is such a beautiful park, and it's just not being used.
There's no reason for people to use it. You can only get in through the side gate. You can't get in through
the front off of Biscayne Boulevard. And I think that, with a little bit of attention, I think that could be one
of the crowns of this community.
Vice Chairman Gort: There was a couple of events that were held there with the Indians and — which was
very -- they worked out very good, the events ... it was ... I have a question. My understanding is, there's an
island right behind Legion Park.
Chairman Plummer: There's number of them.
Vice Chairman Gort: My understanding is...
Ms. Clevenston: Yeah. They, in fact, belong to Legion Park.
Vice Chairman Gort: That island belongs to Legion Park or to the Park's Department?
131 January 12, 1999
r h.
Ms. Clevenston: No. Belongs to Legion Park.'
Mr. Ruder: It's in the park's inventory. The island is —
Vice Chairman Gorr: It is in the park's inventory?
Mr. Ruder: Yeah, yeah. And they were going to look at that also to see how we could connect.
Vice Chairman Gort: Because, at one time, I thought that could be part of the plan. And some of the
meetings you all had there, that you could connect that island, be...
Ms. Clevenger: Yeah. Well, perhaps there's some DERM (Department of Environmental Resources
Management) help. We could develop them into picnic islands, which, in fact, is how there are indeed.
Chairman Plummer: OK. We'll try do what we can to help you.
Ms. Clevenger: Well, we want to know...
Chairman Plummer: March the 21 st.
Ms. Clevenger: March 21st? We're having a ground breaking ceremony, which we hope you'll be ready to
lift the shovel.
Chairman Plummer: Cut the rope. Shovel gets me in conflict of interest.
Ms. Clevenger: But this...
Chairman Plummer: March 21. Everybody mark their calendars. All right.
Ms. Clevenger: Thank you very much.
Chairman Plummer: Thank.
Mr. Flanders: Thank you.
50. BRIEF DISCUSSION IN CONNECTION WITH UNSAFE STRUCTURES BOARD
MEMORANDUM OF DECEMBER 4, 1998 — DIRECT CITY MANAGER .TO CONTACT DADE
DELEGATION TO EXPLAIN PROBLEMS IN DELAYING DEMOLITION OF UNSAFE
STRUCTURES.
Chairman Plummer: Mr. Manager, Item 43. Let me inform you that we are trying to come about -- damn it.
1 just gave the pictures -- 1 had pictures that Mr. Carrasquillo had. Finally, that building at 84th — the
pictures 1 gave you — and that thing that was causing all kinds of grief — I want to make this as part of the
record. sir -- it took 22 months before Code Enforcement Board to get that blight taken down by the City of
Miami.
Mr. Donald Warshaw (City Manager): By the new police chief.
Chairman Plummer: By the new Police Chief, who don't upset me. Mr. Manager and Mr. City Attorney,
Senator Daryl Jones agreed at a town hall meeting with us that he would do everything humanly possible to
see that the .City had the right to establish its own Code Enforcement — Unsafe Structures Board. We could
cut it down to three months instead of 22 months. In my district in Wynwood, I must have at least six to 10
structures that should be down yesterday, that have been before unsafe structures for anywhere from a year
to two years. 1 ask you in the legislature to contact Daryl Jones and our Dade Delegation .and explain to
them the problem that we are having in getting rid of these blighted areas because you know better than 1, as
132 January 12, 1999
a police chief, they turn into crack houses, they turn into prostitution houses, and more scared to me is that
kids go in there playing and get hurt and there's no reason for it. I beg of you, Mr. City Manager, to
proceed.
51. APPROVE EXTENSION OF LEGAL SERVICES OF LEIBOWITZ & ASSOCIATES, P.A. AS
OUTSIDE COUNSEL FOR CITY IN NEGOTIATIONS WITH MIAMI TELECOMMUNICATIONS,
INC (TCI) IN CONNECTION WITH CABLE LICENSE FRANCHISE AGREEMENT / PROPOSED
MERGER OF TCI WITH AT&T / PROPOSED TRANSFER OF CABLE SYSTEM FROM TCI TO
MEDIA ONE — ALLOCATE $100,000. FROM SPECIAL PROGRAMS AND ACCOUNTS,
ACCOUNT 921002-270.
Chairman Plummer: Mr. City Attorney, Item 43. Why are we having A, B? Is this to circumvent the rule
of 60 items? Hello.
Mr. Alejandro Vilarello (City Attorney): You only have 49, so..
Chairman Plummer: Item 53. Mr. City Attorney.
Mr. Vilarello: This is -- the Manager's placed this on the agenda as a discussion item concerning the
continued retention of Leibowitz and Associates...
Chairman Plummer: Is there a motion?
Mr. Vilarello: ...concerning two transfer.
Chairman Plummer: There's some questions. Mr. Sanchez.
Commissioner Sanchez: Mr. City Manager, why do you need an extension on that?
Mr. Vilarello: There has been a new request for a transfer of — from TCI (Telecommunications Inc.) to
Media One and then also to AT&T. Each of those transfers are separate trans — are separate matters that my
recommendation is that you continue with the representation...
Chairman Plummer: How much?
Mr. Vilarello: ...of Leibowitz and Associates.
Commissioner Sanchez: How much have we paid already?
Chairman Plummer: Two hundred thousand. Two sixty-five.
Ms. Elaine Buza: Elaine Buza, Telecommunications Administrator. Currently, today, the Commission has
approved two hundred and twenty-five thousand dollars ($225,000).
Commissioner Sanchez: That's a lot of money.
Mr. Vilarello: Each of these transfers — this is a very specialized area of the law and each of these transfers
defeated, is estimated by Mr. Leibowitz, as fifty thousand dollars ($50,000) for each transfer.
Ms. Buza: Commissioner, if I could make one other comment on this, and Mr. Leibowitz can add to this. It
is our sincere intent that we would attain one hundred percent cost recovery at the ' completion of the
negotiations with the cable company. This isn't a done deal by any means but, certainly, that is one of our
intents through the negotiating process.
Chairman Plummer: Mr. Sanchez, if I. may, to you, sir?
133 January 12, 1999
Commissioner Sanchez: Please enlighten me.
Chairman Plummer: The thinking has to be that, to bring somebody in new now would cost us a 225 just to
get started on the second portion.
Commissioner Sanchez: I agree.
Chairman Plummer: And that even though, you know, we're going to win and they have to pay the fees. I
don't see where we have any alternative.
Commissioner Sanchez: I agree with you.
Chairman Plummer: So, you move Item 43A and Regalado seconds it. And all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: I'm sorry. What's 43A?
Chairman Plummer: Elaine?
Vice Chairman Gort: What's 43A? .
Chairman Plummer: The TCI legal.
(Note for the Record: Commissioner Teele entered the Commission Chambers at 4:22 p.m.]
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 9941
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY ATTORNEY TO CONTINUE THE
ENGAGEMENT OF THE LAW FIRM OF LEIBOWITZ AND
ASSOCIATES, P.A., AS OUTSIDE COUNSEL TO PROVIDE
ADVICE, ANALYSES, COUNSEL AND RELATED SERVICES
REGARDING: 1) THE CITY OF MIAMI'S EXISTING CABLE
TELEVISION LICENSE AGREEMENT WITH TCI, 2) MATTERS
RELATING TO THE PROPOSED MERGER OF TCI AND AT&T,
AND 3) , THE PROPOSED TRANSFER OF THE CABLE
TELEVISION SYSTEM FROM TCI TO MEDIAONE OR RELATED
MATTERS THEREOF; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $100,000 FOR SAID SERVICES
FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT
CODE NO. 921002-270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
134 January 12, 1999
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: *Vice Chairman Wifredo Gort
Vice Chairman Gort: I vote for that too.
[Note for the Record: Although absent during roll call, Vice Chairman Gort later requested of the Clerk to
show him in agreement with the motion.]
52. DISCUSS UTILIZATION OF PROPERTY TAX BILL FOR COLLECTING RESIDENTIAL SOLID
WASTE FEES. — SCHEDULE AS PUBLIC HEARING FOR NEXT CITY COMMISSION MEETING.
Chairman Plummer: Forty-three B. Mr. City Manager. Discussion concerning the utilization of property
tax bill for collecting residential Solid Waste fees.
Ms. Bertha Henry: Bertha Henry, Assistant City Manager. Commissioners, this is being brought to you as
an efficiency and cost -saving measure. Staff has met with the property appraiser and tax assessor with the
County. They have agreed that they would do this, if it is the County's — I mean, the City's desire to do so.
Chairman Plummer: You're defeating yourself, as I see it. They don't go out with tax bills twice a year.
Ms. Henry: We would go out — it would go out once a year and we would get the money up front.
Chairman Plummer: You're talking about the people, rather than to be paying it every six months, would
have to pay it once a year?
Ms. Henry: They would pay it with their property tax bill.
Chairman Plummer: I'm opposed to that. Hey, if the people could afford it, I'd say do it, all right. if I put it
on the property tax bill, do I get it deducted as an income tax return, reduction?
Ms. Julie Weatherholtz (Director, Finance Department): It's a non ad valorem that is being put on your
property tax bill.
Mr. Alejandro Vilarello (City Attorney): It's a user fee.
Chairman Plummer: Let me tell you something. 1 think you're putting an adverse burden -- and I love what
you're trying to do. It would be easy to get it over with. I could pay it with no problem but you've got a lot
of people in this town that have to come out with two hundred and twenty dollars ($220) once a year or 110
twice a year, they can afford. That's my opinion. My colleagues.
Vice Chairman Gort: Question. My understanding is — and I don't know if — a lot of people are not
informed about this -- that you can make arrangement with Dade County where you don't have to pay your
taxes all at once. You can make installments -- not only this one, but the whole property taxes -- the whole
ad valorem taxes that you receive, you can make arrangements with them where you can make monthly
payments rather than once a year. Because there's a lot of people that are not aware of this plan and 1 think
this is something we should look into and let our residents know that they can make installment payments.
135 January 12, 1999
Ms. Weatherholtz: Yes, I...
Mr. Vilarello: There's statutory authority for...
Chairman Plummer: Hey, I would love to do it. I mean, I'd love to collect all the money right up front. get it
over with, but I think you've got senior citizens in this community that having to fork over two hundred and
twenty at the time of taxes, which is another great bill, I think it's really —
Ms. Weatherholtz: And for certain, we'll certainly check with the property — the tax collector as to the
monthly payments, if they do not receive -- if they do not have a mortgage. Of course. if -their property is
mortgaged, this would be a benefit to them because then they would be actually paving it monthly — through
their monthly mortgage payment as opposed to having to come up with the monev twice a year. In addition.
since the City would receive roughly 86 percent by the month of December, that would provide the City the
opportunity to invest those funds; therefore, collecting increased interest costs. Through our analysis. we've
concluded that we could basically save a total of a hundred and twenty-seven thousand dollars ($127,000) a
year and that savings would come, one, from the reduction of certain costs, such as, postage and supplies.
We would also eliminate the need to have to have the annual tax lien sale, which would reduce the overtime
that we currently have to pay." And, in addition to that, we certainly would increase interest earnings so that
we would have a net savings of up to a hundred and twenty....
Chairman Plummer: All right. What does the Commission want to do? Hello. Anybody awake?
Vice Chairman Gort: I think the people should be informed and if there's ways that we can find out the
individual that does have a mortgage, they have to make monthly payments, which makes it a lot easier for
them, when they don't have to pay it once. Those individuals that do not have a mortgage should be
informed that they can set up — with the County, they can set up a system — not only this one but the whole
taxes — ad valorem taxes, rather than come up with it once a year, they can make monthly payments and
make it a lot easier for them. I think...
Chairman Plummer: The floor open for a motion.
Vice Chairman Gort: ...a lot of people are not aware of that.
Chairman Plummer: The floor is open for a motion.
Commissioner Sanchez: Motion to stay as it is.
Chairman Plummer: Is what?
Commissioner Sanchez: A motion to leave it like this, every three months.
Chairman Plummer: Motion is made to leave it as -is. Is there a second? is there a second? Seconded by
the Chair.
Commissioner Teele: What's the staffs' recommendation?
Ms. Henn': The staffs recommendation is to move forward with it.
Chairman Plummer: Put it on the tax bill where they pay it all in one lump sum rather than twice a year.
And it's billed by the City if it's in the twice a year.
Commissioner Teele: Commissioner, why would someone pay it — most properties in America are financed
through a mortgage company. The vast majority.
Commissioner Sanchez: Most of them.
136 January. 12, 1999
Commissioner Teele: Some one or two — maybe yours — may be in a position where you don't have
financing on it. But if it's through a mortgage company, would they have to pay it once a year or would they
pay it in 12 separate increments?
Ms. Henry: It would be escrowed as part of their mortgage payment on a monthly basis.
Commissioner Teele: I just think the Chairman — I mean, the way this is being framed is not my
understanding of the way the financial system of this country works. If you believe that most companies or
most individuals have mortgages on their property and they pay the taxes on a pro rata basis, on a 1/12th,
1/12th, 1/12th basis. They would not have to pay down. Now, those persons who don't have mortgages on
their property would be in that position but that's, by far, the minority of...
Chairman Plummer: Art, if there was some way that they could have — to put it on the bill but if people
wanted to pay it and it could be taken off and put for twice a year, I have no problem with that. For those
people who could not afford to do it...
Commissioner Teele: In other words, an opt out kind of thing?
Chairman Plummer: That's correct.
Mr. Vilarello: Commissioner, Commissioner Gort correctly stated. There is statutory authority for the tax
collector to collect from those individuals who are not in — are in a position of actually coming out of their
pocket to pay, as opposed to escrowing their tax payment and paying it out of — over an installment basis.
There's statutory authority in place right now for that.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Right now they pay at the end of the year or, if they're paying through an escrow
account, every month. They could still get — make an agreement and pay every month if they wanted to.
So, the facilities are there. So, why reinvent the wheel? Why...
Ms. Henry: Right now, Commissioners, they pay twice year. They pay in January and they pay in July.
Chairman Plummer: I just wrote a check yesterday.
Commissioner Teele: That's the issue. They pay now twice a year.
Ms. Henry: Right.
Chairman Plummer: Is it twice a year? I just paid it yesterday, a hundred and ten dollars ($110).
Mr. Warshaw: By putting it on the tax bill, that twice year could become 12 times a year.
Ms. Henry: Also, Commissioners, there is a requirement that A resolution be advertised for four
consecutive weeks. That will give us an opportunity -- we'd like to proceed with that.
Chairman Plummer: All right.
Ms. Henry: That would give us an opportunity to find out
Chairman Plummer: Let me tell you what ... let me tell you what I'll go for.
Ms. Henry: To get the information that you need before you adopt it.
Chairman Plummer: I'll go for the 14 weeks of advertising with a public hearing
137 January 12, 1999
Mr. Vilarello: Four weeks.
Ms. Henry: Four weeks.
Mr. Warshaw: Four week.
Chairman Plummer: Public hearing.
Ms. Henry: OK.
Chairman Plummer: All right.
Vice Chairman Gort: Have a public hearing.
Chairman Plummer: Have a public hearing at the next Commission meeting and let's here from the public,
if that is ... they know.
Vice Chairman Gort: Now, I would like, through Channel 9, on whatever information we can send to the
residents in the area, let them know about the program that the County has, that they don't have to pay all the
ad valorem taxes at one time. They can make an arrangement where they can pay installments, OK?
Chairman Plummer: You know how long it takes to get something on Cable 9? Forever.
Mr. Warshaw: We are a lot faster.
Vice Chairman Gort: J.L., whatever method or system that we have to inform.
Chairman Plummer: OK.
Vice Chairman Gort: Now, my understanding in looking at the City Charter, Mr. attorney, the Chairman of
the committee — the Chairman of this committee should just be chairing the meeting, not talking so much.
Am I correct on this?
Mr. Vilarello: The limitation on debate is limited to the Mayor.
Chairman Plummer: Would you tell the Vice Chairman that he is out of order?
53. APPOINT CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS & EXHIBITION
AUTHORITY ("MSEA").
Chairman Plummer: All right. Moving on to 44. Sports Authority. Appointments. Commissioner Teele.
Commissioner Teele: I pass.
Chairman Plummer: Passes until the next meeting. Commissioner Sanchez?
Commissioner Sanchez: Reappoint Landi Garcia and myself.
Chairman Plummer: All right. Commissioner Gort?
Vice Chairman Gort: Pass.
Chairman Plummer: Pass until the next meeting.
Vice Chairman Gort: Yes.
138 January 12, 1999
J
Chairman Plummer: Regalado?
Commissioner Regalado: Reappoint Bill Bayer and Steve Kneapler.
Chairman Plummer: Commissioner Plummer does Bobby Ratiner and Pierre Rutledge. The other two
Commissioners have passed until the next Commission meeting. All in favor of those names submitted, say
"aye "
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution and motion were introduced by Commissioner Sanchez, who moved their
Adoption:
RESOLUTION NO. 9942
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
139 January 12, 1999
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-42.1
A MOTION APPOINTING BILL BAYER AS A MEMBER OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY.
Upon being seconded by Commissioner Teele, the resolution and motion were passed and adopted by the
following vote:
AYES- Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Forty-five. Sanchez. Code enforcement Board.
Commissioner Sanchez: Defer at this time.
Chairman Plummer: Defer until the next meeting.
4. APPOINT PEDRO PABLO PENA / JUAN CARLOS ESPINOSA AS MEMBERS OF THI
:ULTURAL AND FINE ARTS BOARD.
Chairman Plummer: The next is the Cultural and Fine Arts Board. Each one has a member. I don't have
one. I defer mine. Gort?
Vice Chairman Gort:
Defer mine.
Chairman Plummer:
Defer. Regalado.
Commissioner Regalado: Pedro Pablo Pena.
Chairman Plummer:
Pena. Teele?
Commissioner Teele:
Defer mine.
Chairman Plummer:
Defer. Sanchez?
Commissioner Sanchez: What's this, Cultural and Fine Arts?
Chairman Plummer: Yes.
Commissioner Sanchez: Juan Carlos Espinosa.
Chairman Plummer: All right. The two names submitted be accepted. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
140 January 12, 1999
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 9943
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
CULTURAL AND FINE ARTS BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
55. APPOINT RUTH GREENFIELD / FRED JOSEPH AS MEMBERS OF THE PERFORMING ARTS
CENTER TRUST.
Chairman Plummer: All right. Performing Arts. Gentlemen, may I please lobby you? The two names that
have been there have done an excellent job. One is Fred Joseph and the other one is Ruth Greenfield, who
sits on my Bayfront Park.
Vice Chairman Gort: Move it.
Commissioner Sanchez: Second.
Chairman Plummer: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous. Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 99-44
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
PERFORMING ARTS CENTER TRUST FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
141 January 12, 1999
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: 'Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I think Ruth Greenfield and Fred Joseph are outstanding, but 1 do think that it's
important that we not lock this in for appointments for life.
Chairman Plummer: They're not.
Commissioner Teele: And I would hope that we would resolve now that, when these appointments come up
in the next year, that at least one of the two names will be — we need to provide...
Chairman Plummer: There's no question it will be the case.
Commissioner Teele: I mean, really.
Chairman Plummer: She will not be here. She's moving to Paris. OK.
Commissioner Teele: Well, I can say this. Miss Greenfield has done so much and long before there was
integration in Dade County, Miss Greenfield was teaching people of all colors and all diversity how to play
the piano in her home. So, I mean, you know, this...
Chairman Plummer: Spring Garden.
Commissioner Teele: Huh?
Chairman Plummer: Spring Garden.
Commissioner Teele: Spring Garden. And she's a wonderful person.
Chairman Plummer: OK. And she served greatly on my board at Bayfront park. I mean, she is a
tremendous asset.
56. (A) APPOINT RADAMES REGUERO / PABLO PEREZ CISNEROS / FRANKIE ROLLE AS
MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD.
(B) APPROVE WAIVER FOR ABSENCES OF FRANKIE ROLLE.
Chairman Plummer: All right. Citywide Community Development Advisory Board. Commissioner Gort.
Vice Chairman Gort: I'll pass.
Chairman Plummer: Pass. Commissioner Plummer is Frankie Rolle. Commission at large.
142 January 12, 1999
Commissioner Sanchez: Mr. Chairman?
Mr. Walter Foeman (City Clerk): Mr. Chairman?
Commissioner Sanchez: I have a name that 1 would like to proffer and see if you would support me on this.
He is well-known in the community. Pablo Perez Cisneros, who is...
Chairman Plummer: You're talking about the at large?
Commissioner Sanchez: Yes, at large.
Chairman Plummer: OK.
Vice Chairman Gort: Wait a minute. Coming back at the — I have Angel Urquiola.
Chairman Plummer: For who?
Vice Chairman Gort: For the Citywide Community Development Advisory Board.
Chairman Plummer: Oh, OK. All right. So, you don't defer?
Vice Chairman Gort: No. I reappointed the same individuals that I had.
Chairman Plummer: All right. Cisneros — are we talking about Pablo Cisneros?
Commissioner Sanchez: Pablo Perez Cisneros.
Chairman Plummer: Could not do better. All right. The three names are proffered. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: I also -- wait. Excuse me.
Chairman Plummer: All opposed?
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.99-45
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO
THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD:
*ANGEL URQUIOLA (renominated by Vice Chairman Gort)
RADAMES PEQUERO (nominated by Vice Chairman Gort)
*PABLO PEREZ-CISNEROS (nominated by Commissioner Sanchez for an at -
large seat)
FRANKIE ROLLE (nominated by Chairman Plummer)
(*Note for the Record: Angel Urquiola and Pablo Perez -Cisneros are current
members of the Citywide Community Development Advisory Board.)
143 January 12, 1999
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Mr. Peguero also, who's appoint...
Commissioner Sanchez: Wait a minute.
Mr. Walter Foeman (City Clerk): Does that include the at large that you recommended or...
Commissioner Sanchez: Does that include the at large that I mentioned?
Mr. Foeman: Frankie Rolle.
Chairman Plummer: Yeah.
Commissioner Sanchez: Pablo Perez Cisneros, yes.
Mr. Foeman: So, Frankie Rolle is out?
Chairman Plummer: Frankie Rolle is my appointment.
Mr. Foeman: Well, there's a...
Chairman Plummer: He made Cisneros his at large.
Mr. Foeman: Frankie Rolle was excessively absent, so that would need a waiver. You need a fourth/fifths
waiver. We need a four/fifths vote.
Commissioner Teele: So moved.
Commissioner Regalado: Second.
Chairman Plummer: OK. I was not aware of that.
Mr. Foeman: Yeah, Frankie Rolle was the at large appointment.
Chairman Plummer: Well, let me just read into the record...
Commissioner Teele: J.L., but what she said is that she didn't get notices and it was some big issue going
back and forth. I don't want to...
Mr. Foeman: Well, whoever the liaison would have to address that but we received notice...
Chairman Plummer: Well, let me just read into the record, all right, and I'll leave anonymous who wrote it.
We'll all know who wrote it. "If you have no objection, Mrs. Frankie Rolle has been a valuable member to
the CD Advisory Board for many years and the CD (Community Development) recommends strongly that
144 January 12, 1999
she be reappointed."
Commissioner Teele: I have no idea.
Chairman Plummer: Now, I'm not going to tell you who it is but her initials are Gwendolyn Warren.
Commissioner Sanchez: Well, I -- if it's pertaining to the Commission at large, I'll tell you one thing.
Commissioner Teele: No, that's his appointment.
Chairman Plummer: No, no, no.
Commissioner Sanchez: That's his appointment?
Commissioner Teele: That's his appointment.
Chairman Plummer: No, mine is Frankie Rolle.
Mr. Foeman: Commissioner Plummer has an appointment.
Commissioner Sanchez: OK.
Chairman Plummer: All right. There's three names. Willie Gort's name, Frankie Rolle and Cisneros.
Commissioner Regalado: OK. They've all been approved.
Chairman Plummer: The only difference is, first...
Commissioner Regalado: They've all been approved.
Commissioner Teele: They've all been approved.
Chairman Plummer: No. Excuse me. We first have to make a motion to waive the problem with Frankie
Rolle, which was moved by Gort -- by Teele. Seconded by Sanchez.
Commissioner Regalado: It was voted on.
Chairman Plummer: All in favor of waiver, say "aye."
The Commission (Collectively): Aye.
Commissioner Regalado: We did already.
Chairman Plummer: Opposed? It shows.
145 January 12, 1999
The following motion was introduced by Commissioner feele, who moved its adoption:
MOTION NO. 9946
A MOTION WAIVING THE PROVISIONS OF CITY CODE
SECTION 2-886, BY A FOUR -FIFTHS VOTE OF THE MEMBERS
OF THE FULL CITY COMMISSION, IN CONNECTION WITH
FRANKIE ROLLE'S ABSENCES DURING CALENDAR YEAR 1998
TO THE MEETINGS OF THE CITWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Now, the three names that are proffered for the board...
Vice Chairman Gort: Four names.
Chairman Plummer: No, three. There's only three positions.
Commissioner Regalado: Three, three, three.
Vice Chairman Gort: Well, I have my two. My understanding is...
Chairman Plummer: There's not two for you, sir. 'There's one.
Vice Chairman Gort: OK. Radames Pequero will be the person, which I nominated longtime ago.
Mr. Walter Foeman (City Clerk): No. We checked our records. You had asked, at the last meeting,
because you thought you had made it but there was a note from your staff inquiring as to whether he had
ever been appointed. He had never been appointed so...
Vice Chairman Gort: OK.
Chairman Plummer: All right. Item -- all in favor of three names proffered,.say "aye."
The Commission (Collectively):, Aye.
Chairman Plummer: Opposed? Show unanimous.
146 January 12, 1999
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 9947
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
57. DISCUSS RENAMING ALLAPATTAH COMSTOCK PARK LOCATED AT 2800 NW 17
AVENUE, MIAMI, -FLORIDA, TO JUAN PABLO DUARTE PARK — DEFER TO NEXT
COMMISSION MEETING TO CLEAR DEED RESTRICTIONS — READVERTISE PUBLIC'
HEARING.
Chairman Plummer: Forty-nine. Renaming Allapattah Comstock Park to Juan Pablo Duarte Park. Gort,
you sponsored this.
Vice Chairman Gort: We've had couple of meetings in the community and I checked -- I had Park's
Department check to see if we had any deed restrictions, so we had any name restrictions of any historical
name in Comstock and my understanding is, it came back no. We have a large Dominican Republican
community, that it feels that it utilizes the park quite a bit and they would like to be part of — they would like
to rename it after the -- one of their own and this is sort of give recognition to the Dominican Republicans —
I mean, the Dominicans that lived here in the Allapattah area.
Chairman Plummer: What is vour motion?
Vice Chairman Gort: To move forward.
Chairman Plummer: All right. Motion is to go through the normal process of name a park after this
individual, after, of course, needless to say, a public hearing.
Mr. Albert Ruder (Director, Parks & Recreation): This is the public hearing.
Vice Chairman Gort: This is the public hearing. We already —
second time.
Mr. Ruder: This is the second time this has come to the Commission.
Chairman Plummer: We advertised it as a public hearing?
147 January 12, 1999
Vice Chairman Gort:
Yes.
Chairman Plummer:
All right. Then, you'll proceed from this point forward.
Vice Chairman Gort:
I think this gentleman wants to talk.
Mr. Ruder: OK.
Chairman Plummer:
All right.
Mr. Ruder: And we talked about that the groups would pay for the new signage.
Chairman Plummer:
Mr. Ricker.
Mr. Daniel Ricker: Ricker.
Chairman Plummer:
Ricker.
Mr. Ricker: Daniel Ricker, 4302 Ingraham Highway. Last month, when this came up, I was kind of curious
who Comstock was and, in checking around through the library, et cetera, etcetera, 1 find it's Elizabeth
Comstock, an early abolitionist, principal, teacher, social reformer, who died in upstate New York in 1891.
The Juan Pablo Duarte was the founder and the father of the Dominican Republic and lead the revolt against
the Haitians after I came back from Europe. Both these people are great. The Dunn family, apparently,
donated this land to the City of Miami, with the stipulation...
Chairman Plummer: Dunn or Don?
Mr. Ricker: Dunn, D-U-N-N. And this I got from the school. 1 spent a fair amount of time on this, J.L., and
if the City can provide me documents or the actual...
Chairman Plummer: Well, I know who owned the property for years, was the Donn Family.
Mr. Ricker: Dunn.
Chairman Plummer: Exotic Gardens.
Mr. Ricker: OK.
Chairman Plummer: D-O-N-N.
Mr. Ricker: Excuse me. They were wrong.
Chairman Plummer: Also, Golf Stream Race Track, they owned all of that but they had Exotic Gardens.
Had that whole property.
Mr. Ricker: Well, great. You've validated that:
Chairman Plummer: OK.
Mr. Ricker: Now, within their deed, apparently, they indicated that they want it to be named after Elizabeth
Comstock for her good deeds so...
Chairman Plummer: All right. If, in fact, there is a deed restriction, then the matter is null and void. If it's
not a deed restriction, you will proceed as Mr. Gort asked.
Mr. Ricker: OK.
148 January 12, 1909
Chairman Plummer: OK? Now...
Commissioner Teele: If there is a need — deed restriction, would you put it on the agenda for the next
meeting to advise the Commission, please?
Chairman Plummer: OK. What can you do about it if there is a deed restriction?
Commissioner Teele: But — we need to know, J.L. I mean...
Chairman Plummer: Oh, OK. All right.
Commissioner Teele: J.L., I would be a lot more comfortable if we just moved to defer the item until the
next meeting and do it that way rather than having...
Chairman Plummer: Mr. Gort?
Vice Chairman Gort: I don't have any problems.
Chairman Plummer: The matter is now deferred until the next meeting to clear up any legal issues that
might be outstanding.
Commissioner Teele: With the public hearing being readvertised for the next meeting.
Chairman Plummer: Absolutely. All right. Under pocket — wait a minute. There — all right.
58. RATIFY / APPROVE / CONFIRM EMERGENCY FINDINGS — APPROVE PURCHASE OF
PORTABLE RADIOS FOR FIRE -RESCUE — FROM MOTOROLA, INC — ALLOCATE $70,000
FROM CAPITAL IMPROVEMENT PROJECT 313233, ACCOUNT 289401-840 FUNDED BY FIRE
ASSESSMENT. (SEE LABEL 36).
Chairman Plummer: Mr. Teele, while you were gone, there was one item came up that took a four/fifths
vote and I indicated for the record, as I always do, that I'm voting against it just to make a token opposition.
It is item number...
Unidentified Speaker: Twenty-three.
Chairman Plummer: ...23, in reference to Motorola Radios. Mr. Teele. There was a — going to be one
negative vote and 1 didn't want it to be turned down. It's a ratification but I still want to make...
Commissioner Teele: If it's a ratification, I vote yes.
Commissioner Sanchez: Yes.
Chairman Plummer: Everybody will but me and I'm only doing it to send a message to a sole source.
Vice Chairman Gort: They know that already.
Chairman Plummer: Non competitive biding for a system that is not working worth a damn, to pour more
money into it, and I think we've got to absolutely make changes. Item 23.
Unidentified Speaker: Yes, sir.
Chairman Plummer: Moved by Commissioner Sanchez. Seconded by Commissioner Teele. All in favor,
say "aye."
149 January 12, 1999
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 9948
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND APPROVING THE EMERGENCY PURCHASE
OF TWENTY (20) MOTOROLA DIGITAL XTS 3000 PORTABLE
RADIOS FROM MOTOROLA, INC., FOR THE DEPARTMENT OF
FIRE -RESCUE, IN THE AMOUNT OF $70,000.00; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 313233, ACCOUNT CODE NO. 289401-840, FUNDED BY THE
FIRE ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT:' Vice Chairman Wifredo Gort
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: This is...
Commissioner Teele: Before you move to pocket items...
Chairman Plummer: Yes, sir, Mr. Teele. - Commissioners are first.
Mr. Vilarello: On Item 23, did you record a four/fifths vote?
Chairman Plummer: Yes, it was four/fifths. OK?
150 January 12, 1999
59.(A) APPROVE RESOLUTION RELATED TO MARTIN LUTHER KING, JR., PARADE
SCHEDULED FOR JANUARY 18, 1999 — PROVIDE FOR STREET CLOSURE / PEDESTRIAN
MALL / WAIVING ALL APPLICABLE FEES / PROVIDING DEPARTMENTAL SERVICES
WITHOUT CHARGE.
(B) BRIEF DISCUSSION IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK
GRANT FUND ALLOCATIONS FOR LITTLE HAVANA NUTRITION CENTER.
(C) COMMENTS RELATED TO WAIVING SOME FEES FOR JOSE MARTI PARADE
SCHEDULED FOR JANUARY 28, 1999
Commissioner Teele: Regarding the item that was moved, Item CA-25, that was moved as a substitute item.
relating to...
Chairman Plummer: On the Martin Luther King Parade.
Commissioner Teele: Martin Luther King Parade.
Chairman Plummer: Mr. Manager?
Commissioner Teele:- The substitute.
Chairman Plummer: What does that mean?
Mr. Donald Warshaw (City Manager): Commissioner Teele wasn't finished. I'm sorry.
Chairman Plummer: Oh, OK.. Commissioner Teele.
Commissioner Teele: I believe that the Martin Luther King, again, is significant enough and has a national
import, much as we identified with the Nicaraguan and Honduran on the waiver of fees and providing
support for them, that we should move forward as a clear statement that we support this activity. And 1
would move that the...
Chairman Plummer: Moved by Commissioner Teele. We accept the substitute motion. Is there a second?
Commissioner Sanchez: Is this to waive all fees?
Commissioner Teele: Yes.
Chairman Plummer: Equivalent to twelve thousand dollars ($12,000) is what I was told.
Mr. Raul Martinez (Assistant City Manager): Raul Martinez, Assistant City Manager. Just a breakdown...
Chairman Plummer: Excuse me. I asked a question. Is twelve thousand the appropriate number?
Mr. Martinez: Yeah. but it's not all fees. The actual fees for a permit is like twenty-five hundred dollars
($2500).
Chairman Plummer: What are we asking — what are they asking of the City?
Mr. Martinez: Well, the total package is twelve thousand two hundred dollars ($12,200), out of which
almost ninety-five hundred dollars ($9500) is overtime cost for Police, Fire, Solid Waste and Parks.
Twenty-five hundred dollars ($2500) is for fees and permits and about two hundred and seventy dollars
($270) is the tipping fees for dumping of the garbage after the event.
151 January 12, 1999
J
�1
Chairman Plummer: All right. Is there a second?
Commissioner Sanchez: What's the total?
Chairman Plummer: Twelve thousand...
Mr. Martinez: Twelve thousand two hundred forty-six dollars and forty-eight cents ($12,246.48).
Chairman Plummer: Is there a second? The Chair will second the motion.
Commissioner Regalado: I'll second the motion.
Chairman Plummer: Seconded by Mr. Regalado. Now, let me tell you...
Commissioner Sanchez: Discussion.
Chairman Plummer: Let me say what I said to the organizer just earlier this afternoon. Mr. Manager, 1 do
not want these people to be put in the same position as the Little Havana Nutrition Center was placed in. I
would be very surprised if the Oversight Board does not turn this down, OK. I'm just telling you that for the
record. I don't want what happened to the Little Nutrition people. We approved eight thousand dollars
($8,000) for their lunches. The day of the event, the Oversight Board turned it down. I want it to go to the
Oversight Board as quickly as possible, so they know exactly where they are, so that if it's going to be a
problem, that they know that much in advance. You understand what I'm saying?
Mr. Warshaw: Yes, sir.
Chairman Plummer: In all fairness to those people, that's got to be the case.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: You know, I'm supposed to be a conservative Republican. I'm supposed to be a
person who worked in the Reagan Administration, which I did, but I've got to tell you something. You
know, this City is the most difficult place for a person of color that I've ever lived in. I've lived in Arkendell,
Arkansas. Now, I'm going to tell you something, did the -- on October 10th, did the Cuban parade pay their
fees? Did they pay overtime for the police?
Mr. Martinez: No, sir.
Chairman Plummer: Who paid it?
Commissioner Teele: Hold it, J.L. God damn it. I've got the floor now. You know, just hold on for a
minute.
Chairman Plummer: Sir, I apologize.
Commissioner Teele: Just hold on for a minute.
Chairman Plummer: You got it. Go.
Commissioner Teele: Now, we cannot have two systems of government in this town and we will not have
two systems of government. Now, as long as I've been here, I have voted in support of every significant
activity.
Commissioner Sanchez: Yes, you have.
152 January 12, 1999
Commissioner Teele: From the Nicaraguan/Honduran earthquake to the Cuban Independence march to
Calle Ocho to anything else. To alert the Oversight Board and to flag it up the pole is.. your role as
Chairman. I respect that, J.L. I mean, I'm not, at all, questioning why you're doing that but let me just tell
you this, J.L. I've had it almost up to here with the way this City is dealing with the black community.
Now, nowhere in America, even in Arizona, the governor has finally gotten on board and recognized Martin
Luther King. The last hold -out state. And if this City cannot find it within itself, within its conscience, to
be within the mainstream of America and to see the Martin Luther King Holiday as significant as Cubans
see Independence Day or as Haitians see Haitian Flag Day, we're really in a very, very troubling community.
Now, I assume, J.L., what you're doing is for the good of the order and I'm not questioning your motives at
all, but I do want you to know this. Last year we had how much in overtime money that was spent?
Chairman Plummer: Total? Like six million dollars ($6,000,000).
Commissioner Teele: For police overtime.
Chairman Plummer: Total overtime, six million.
Commissioner Teele: Last year the Martin Luther King Parade did not get any police overtime. Now, you
think about this, Commissioners. This City can spend six million dollars ($6,000,000) for police overtime
but for the Martin Luther King Parade in 1998, we brought in the Florida Highway Patrol on and on and on
because we didn't have the money. Now, I got to tell you, there's two standards here, J.L. And maybe we
need a Human Relations Commission more so now than ever. But I, for one, will not be a party to looking
the other way and just going along to get along. This is wrong. It's absolutely wrong. And to flag this thing
to the Oversight Board, my position is, treat this the same way, Mr. Manager, as you treated the Cuban
Independence Parade on October loth. If you didn't collect the money and you didn't send that to the
Oversight Board, then don't send this to the Oversight Board.
Chairman Plummer: Mr. Teele, did you hear who seconded the motion before Commissioner Regalado?
Commissioner Teele: Yeah, but I also heard what you just did.
Chairman Plummer: Well, only thing I'm trying to say, sir, and what I was trying to do was to say, get it to
them early. All contracts have to go to them, is my understanding, if I'm correct.
Commissioner Teele: My position is, treat it the same way you treated the Independence Day.
Chairman Plummer: So be it. Next item.
Commissioner Sanchez: No, no, no, wait.
Chairman Plummer: All right.
Commissioner Sanchez: I'll yield to you but I'll take it when you're done.
Vice Chairman Gort: Thank you, sir. Appreciate it. About time. My question is this...
Chairman Plummer: I'll be back.
Vice Chairman Gort: My question is — no, no, don't go, don't go because you were a part of this. My
understanding is, last year...
Chairman Plummer: Well, then you better stop because I'm going to be embarrassed.
Vice Chairman Gort: Last year, as I recall — and, please — you know, I'm getting old so my memory is not
as good as it used to be. But my understanding is, last year, when we discussed these items, we talked about
153 January 12, 1999
-- there was — we were going to select four major events that the City would sponsor. In the past. I think the
City sponsored about thirty something events or just about anybody who would come in here with an event.
we would say,.yes, we will give you sponsor and so on. My understanding is, we decided to sponsor four of
them and, as 1 recall, one of them was the Martin Luther King Parade. so. I don't know if we passed a
resolution or how we did it but I know we did it, and I think it was last year.
Commissioner Regalado: We did not — but we talked about it.
Commissioner Teele: Last year, Commissioners, we talked about raising money and it went around and.
like everything else, you know, at the end of the day, the Governor stepped in, brought in the Highway
Patrol, which is an embarrassment, to me at least. May not be to anybody else. Because we're a City.
We're a mature City. We're the largest City in Florida or the largest municipality. But, I mean, I just want
everybody to understand. We spent six million dollars ($6,000,000) in police overtime last vear. You
know, six million dollars ($6,000,000), but we couldn't find one dollar to spend for the Martin Luther King
Parade and something's wrong with this picture.
Commissioner Sanchez: Mr...
Vice Chairman Gort: Go ahead, sir.
Commissioner Sanchez: Mr. City Manager, Commissioners, and guests here today. You know, what's fair
for one is fair for all and that's why this community gets along so well, even though we have a multicultural
people. And, you know, every parade that we do here is good for all the community because, as could you
see, the Hispanics go to the Martin Luther king Parade; the Afro Americans come to the Three Kings
Parade, but if we're going to do something, let's do it for everybody. Let's have standardization. Well, you
got this and you didn't — we don't have to act like three year olds. All that I have to say — and I represent my
district, where the Three Kings Parade was held -- I will support your issue but I hope that you will support
my issue when I ask that whatever is left on the Three Kings Parade, that the City had to pick up — if the
City had to pick up any money...
Mr. Martinez: No, sir.
Commissioner Sanchez: Did the City have to pay for the right-of-way fee? Yes.
Mr. Martinez: Not the City, the promoter pays for the right-of-way fees for Three Kings.
Commissioner Teele: Overtime?
Mr. Martinez: Yes, sir, they did.
Commissioner Sanchez: The City did not pick up the tab for the Three Kings Parade?
Mr. Martinez: No, sir.
Commissioner Sanchez: Does the City owe any money on the Three Kings Parade?
Mr. Warshaw: No.
Commissioner Sanchez: No.
Commissioner Teele: The question is, does the City pay overtime in the Three Kings Parade?
Mr. Martinez: The City paid but the promoter reimburses, just like the Orange Bowl Parade, the promoter
pays.
Commissioner Sanchez: And all the money on Three Kings Parade was obtained through private funding?
154 January 12, .1999
Mr. Warshaw: Yes, sir.
Commissioner Sanchez: Yes.
Commissioner Regalado: But, if I may, what Commissioner Teele was talking about, it wasn't the Three
Kings Parade. It was the October loth, Calle Ocho March, in which the City was able to switch different
hours...
Mr. Warshaw: That's correct.
Commissioner Regalado: ...of police officers and permits were waived. That's what he was talking about.
Commissioner Sanchez. And, by the way, you're right. I fully support Commissioner Teele's motion and
from the beginning, I think that this has to be equal to everyone. A parade is something that is good.
Something that make us proud. In a few weeks, as a matter of fact, on January 28th, we are going to have
the Jose Marti Parade throughout Calle Ocho on Southwest 8th Street and, you know, the organizer is
requesting help from the City. So, might as well, let's say now that we are directing the administration to
cooperate with this organization.
Commissioner Sanchez: And the thing here is fairness. If we're going to do it for one, we're going to do it
for al or we're not going to do it for anybody.
Mr. Warshaw: May I, Commissioner?
Chairman Plummer: Mr. Manager.
Mr. Warshaw: Couple of things. Last year, you're correct, and, of course, I wasn't the Manager at the time
but the policy in effect last year and I believe the year before — goes back about three years — was, the City
was not waiving these fees and paying for police and fire overtime. Now...
Chainnan Plummer: That's right.
Mr. Warshaw: ...I can tell you, going back as Police Chief and now as Manager, I'm not opposed, in any
way, to the City funding police and fire overtime, but I can tell you that the Oversight Board has made. it
very clear that they haven't seen a clear policy that they can buy into. So, basically, what they have told us
is that it's a hit and miss kind of thing and, therefore, they're going to be rejecting these now. If the
Commission wants to come up with a policy that it designates, as was discussed last year, three, four, five
events, whatever they might be, and those events you've set some kind of a scale for funding, the Oversight
Board might buy it into that. This is not me saying this. I'm telling you that this is what the Oversight
Board has communicated to us.
Chairman Plummer: Well, Mr. Manager?
Mr. Warshaw: So, we're not opposed to -- and I've been a strong supporter of the Police Department; been
heavily involved in the Martin Luther King Parade and the three Kings Parade, so we're not against these
parades. It's an issue of what the policy has been going into today.
Commissioner Teele: Mr. Chairman, my only question is...
Chairman Plummer: Mr. Teele.
Commissioner Teele: ...did the October event — there was all sorts of talk on radio, on Cuban radio, how
the police were moving the manpower around. Were the fees waived or were the fees paid?
Mr. Warshaw: There were no permits, or no fees. There was no waiver. Basically, we handled that
demonstration on duty and paid for it with City funds.
155 January 12, 1999
Chairman Plummer: Can you do the same with Martin Luther King?
Commissioner Teele: Yeah.
Chairman Plummer: 1 mean...
Commissioner Sanchez: What, was it,a demonstration or a parade?
Chairman Plummer: No, handle the same.
Mr. Martinez: Let me say...
Commissioner Teele: It was a march.
Mr. Martinez: Let me say, October 10th last year was a complicated last year because there was a Cuban
march and to celebrate Cuban Independence Day but; at the same time, early that morning there was pro -
Castro demonstration at Bayfront Park that extended the workday and we had changed days off to have
officers on duty so that we would not incur any overtime costs but, because of the 8:30 in the morning or
eight o'clock in the morning parade, the workday was extended and, therefore, some overtime costs were
incurred.
Commissioner Teele: All right. Well, look, I don't speak Spanish well enough to know but everyone knows
that the Mayor went on radio, before the parade, and promised that the parade — that there would be —
ma'am — that the Mayor promised everyone on Cuban radio that the parade would go forward; that they had
worked with — he had worked with the Manager and worked this thing out and there wouldn't be. So, all of
these words are nice but the fact of the matter is, this was not a demonstration. This was a parade. It was
advertised as a parade; it was being bragged as a parade, and it's a .parade that happened. And all that I'm
saying is this, it's nothing wrong with that. I don't have a problem with what the Mayor and the Manager
did. What I have a problem with is not treating all of the communities fairly and I will not stop, as a
Commissioner, as long as I'm here when these communities are not treated fairly. And I respect you, Chief,
but I've got to tell you, that's — what you're saying is not exactly the way the whole story played out because
the story played out before that parade — before that demonstration. It played out for two days on Cuban
radio, OK. So -- and we all know that. So, let's all come up with our hands -- come out with our hands_up.
And all that I'm saying is this, treat us the same way and treat the communities the same way. That's what
we're talking about now. Treat the communities the same way. And...
Chairman Plummer: Mr. Manager, I assure you, sir, there's not enough Anglos left to have a parade, so you
don't have to worry about that group.
Commissioner Teele: St. Patty's Day.
Chairman Plummer: You don't have to...
Commissioner Teele: What's wrong with a St. Patty's Day Parade?
Chairman Plummer: All right. Let me just, for the record, Mr. Manager, when I talk to that big jolly boy
that's ahead of the Chairman...
Commissioner Teele: Can we just carry that motion?
Chairman Plummer: OK.
Commissioner Teele: At least get a vote on it. Did you get a vote on it, Mr. Clerk?
Mr. Walter Foeman (City Clerk): No.
156 January 12, 1999
Chairman Plummer: OK. The substitute motion on CA-25 is now proffered. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed, say no.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-49
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO THE DR. MARTIN LUTHER KING, JR. PARADE AND
FESTIVAL ("EVENT") TO BE CONDUCTED BY THE DR. MARTIN
LUTHER KING, JR. PARADE AND FESTIVITIES COMMITTEE,
INC. ("COMMITTEE") ON JANUARY 18, 1999; PROVIDING FOR
THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISHING 'A PEDESTRIAN
MALL SUBJECT TO THE ISSUANCE OF REQUIRED PERMITS BY
THE POLICE DEPARTMENT AND OTHER DEPARTMENTS
REGULATING SUCH EVENTS; WAIVING ALL FEES
APPLICABLE FOR THIS EVENT; AUTHORIZING THE
DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL
SERVICES ADMINISTRATION, SOLID WASTE, AND PARKS AND
RECREATION. TO PROVIDE ALL SERVICES FOR THE EVENT
WITHOUT CHARGE; GRANTING VENDING RIGHTS TO THE
COMMITTEE CONSISTENT WITH AN AGREEMENT WITH THE
COMMITTEE; FURTHER ESTABLISHING AN AREA PROHIBITED
TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT,
ALL SUBJECT TO AND CONTINGENT UPON THE COMMITTEE'S
COMPLAINCE WITH SUCH CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING'
OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMONT
AND FORM AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Only point on that, Mr. Manager, also is, please include Sanitation when you talk
about Police and Fire.
Mr. Warshaw: It's in there.
157 January 12, 1999
Commissioner Teele: Because they really do do a lot and, you know, as they say about the circus, circus
ain't over until the last guy comes with the.'.
Chairman Plummer: Fat lady sings.
Mr. Warshaw: For the record, all of the costs and fees are in there.
Commissioner Teele: With the shovel and the broom.
Chairman Plummer: Mr. Manager, when 1 talk for the man -- because I got him aside about the Little
Havana Nutrition Center. And he said, listen, if you will establish, at budget time, exactly what you're going
to do and provide the necessary funds as a balance situation, he said we would have no problem with it. But
when you bring up out of left field and it's not in the budget and there's not money being provided in
advance, that's where they had a problem and that was their policy. All right.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: The Jose Marti Parade that's coming up within the next...
Mr. Warshaw: It's next Monday.
Commissioner Sanchez: Next Monday.
Commissioner Regalado: No, no, no, the 28th.
Commissioner Sanchez: The 28th.
Mr. Martinez: The 28th, Marti...
Commissioner Regalado: Thursday, the 28th.
Commissioner Sanchez: 1 believe they're asking us to waive a couple of things. I would hope that you
would take that into consideration too because what's good for the goose is good for the gander.
Chairman Plummer: We're here on the 26th, so there should be no problem.
Commissioner Sanchez: No, I just want it on the record that, when it comes up, I want you to prepared.
Chairman Plummer: Well, hey, we're going to treat all people say alike.
Commissioner Regalado: Excuse me, Commissioner. The Manager has a memo that you might want to
send to Commissioner Sanchez. This memo request — the organizer request several services from the City.
Mr. Warshaw: 1 just saw that this morning from Demetrio Perez, yes.
Chairman Plummer: All right. Mr. Regalado, you have a pocket item.
Commissioner Regalado: 1 have two, Mr. Chairman.
Chairman Plummer: No, I only have one.
Commissioner Regalado: Can I get a waiver?
Chairman Plummer: We'll talk about it.
158 January 12, 1999
Commissioner Regalado: All right.
Chairman Plummer: This one is...
Commissioner Regalado: Can we...
Chairman Plummer: I have here for the Miami Water and Sewer.
60. COMMENTS RELATED TO ROD & REEL CLUB FISHING TOURNAMENT ON WATSON
ISLAND — PERSONAL APPEARANCE: RAY STORMONT.
Commissioner Sanchez: Wait. Can you yield for a minute, please? It's not a pocket item. It's something I
just need to let you know.
Chairman Plummer: Say it.
Commissioner Sanchez: You need to be informed. But let me find it. I had it around here. The Rod and
Reel Club was going to — was going to hold a fishing tournament. The Miami contender, Yamaha King
Fish Tournament, to be held at Watson Island. Apparently, they came in front of the City and they asked us
to use the facility; however, due to the construction for Parrot Jungle on the day that's coming up, the fish
tournament, they do not want to risk not having the facility ready so, therefore, they took it upon themselves
to let us know that they found another facility in Miami Beach. However, they want to continue to do it in
the City. The money that's going to be raised will go towards the Summer Youth Program. And they just
want to be in good relationship — they want to come back when it's done and have it at the Watson Island
Marina. So, I figured they want...
Chairman Plummer: You're talking about where they put the boats in and out?
Commissioner Sanchez: Yeah. They were going to hold a fishing tournament, but...
Chairman Plummer: It's open to the public.
Commissioner Sanchez: It's open to the public but they had agree with the City of Miami on some issues.
Maybe you know about the...
Mr. Albert Ruder (Director, Parks & Recreation): Yeah, they came before the Commission before and, at
the time, we told them there would be construction and I guess what I'm here hearing is that they've
evaluated and determined that year is going to be difficult but that they're willing to come back in the future
and we'll work with them. Whatever they want to...
Chairman Plummer: is there going to be construction this year? 1 mean, they haven't even taken possession
of the property yet.
Mr. Ray Stormont: It's ongoing now, Commissioner.
Chairman Plummer: Huh?
Mr. Ruder: Right now...
Mr. Stormont: The roads that they're -- the infrastructure they're building is...
Chairman Plummer: Oh, that's been going on for a while.
Mr. Stormont: Yeah. But one of the reasons — my name is Ray Stormont, 1492 West Flagler. I'm also the
President of the Rod and Reel Club of Miami Beach this year. But one thing we wanted to do is similar to
159 January 12, 1999
what was said to Legion Park. We wanted to come here and thank both Lori Billberry, Christina Abrams.
The people at the City have been most professional and helpful and they've really gone an extra mile. I
know we all read about it, on occasion, how hard it is to deal with the City of Miami and one thing or
another.
Chairman Plummer: You found out how easy it was.
Mr. Stormont: I can't tell you that the reverse...
Chairman Plummer: You're a good man.
Mr. Stormont: ...is what we've done...
Chairman Plummer: And you know whatever you want, you're going to get. Keep it up.
Mr. Stormont: ...and seen. Thank you.
Chairman Plummer: My father was a member of your club for many, many years. OK.
Mr. Stormont: Thank you, Commissioner.
6L(A). APPROVE RESOLUTION URGING REVIEW AND ANALYSIS OF PRACTICES OF MIAMI-
DADE WATER AND SEWER DEPARTMENT.
(B) DIRECT CITY ATTORNEY AND CITY MANAGER TO RESEARCH WHAT OTHER
MUNICIPALITIES ARE DOING IN RELATION TO STREET USE BY COUNTIES FOR PURPOSES
OTHER THAN NORMAL TRANSPORTATION.
Chairman Plummer: Mr. Regalado. Water and Sewer.
Commissioner Regalado: Mr. Chairman, members of the Commission, I have a pocket item that has no
impact whatsoever in the budget. It's just a resolution expressing support of and urging, the Miami -Dade
County Board of County Commissioners to adopt the proposed Miami -Dade County resolution, which
provides for analytical review of the Miami -Dade County Water and Sewer Department. Basically...
Chairman Plummer: Is that a motion? Is that a motion?
Commissioner Teele: Second the motion.
Chairman Plummer: Seconded by Teele.
Commissioner Regalado: And let me tell you what Commissioner -- and we haven't yet —just yet received
the information from the City Attorney but I will tell you that there are many things in the contract, the
original contract from the City of Miami and the Water and Sewer Department, that they supposedly — they
should reduce the cost for the residents of Miami 15 percent.
Chairman Plummer: Are you kidding? Forget it.
Commissioner Regalado: Well -- but that was in the contract, in the original contract.
Chairman Plummer: Well, that went out the window.
Commissioner Regalado: And --or that the City will get a million dollars ($1,000,000).
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
160 January 12, 1999
Commissioner Teele: On the point that's being raised, I really think, Mr. Manager, it would be very helpful
if the Finance Department and the management and audit — Budget and Audit and the Public Works
Department would, over the next 90 days or so, working with the City Attorney, look at this. I had a
questiori to Mr. Kay today, and I just want to put it publicly. In every governmental body around the
country, the other governments have to pay for use of their services. Dade County uses our streets all the
time. And I had this conversation with Mr. Kay and I just bumped into him as I was leaving. Said. Jim.
please look at this. And I don't want to get into a long discussion but this is the point. We are not being
paid for our use. We should have an ordinance. Our Public Works Department should be collecting a use
for anyone who uses our streets for other than roads, other than the normal transportation. This is a very
important revenue measure. The City of Miami clearly has a really bad deal on the Water and Sewer and I
won't go into that. But let me just say this. The County is collecting right now in excess of forty million
dollars ($40,000,000) a year for the administration and overhead of the Water and Sewer Department. Well
in excess of nine percent. By comparable standards, the FAA doesn't allow the County to take any more
than three percent for administering airport funds and four percent for seaport funds. Forty-five million
dollars ($45,000,000) a year, up from ten million dollars ($10,000,000) some five years ago, is what the
County's taking. Now, look, I'm not criticizing the County for doing it. I understood and I was there when
they made the decisions to start using what is called a Rate of Return. What I do think is that we should be a
part of the forty-five million by charging for our roads. Those roads are not free. And, Mr. Manager, I
would respectfully not only support what Commissioner Regalado's doing, but to have a really intelligent
and thorough analysis and not just shoot from the hip. Let's look at what other cities around the state are
doing as it relates to counties. And I, again, commend Commissioner Regalado for bringing forward three
pieces of important legislation. The Noise Abatement stuff is clear. That it's — Mr. Chairman...
Chairman Plummer: Well, if I could tell you just for the record very quickly? I live alone. I take a bath a
day. I wash my clothes once a week.
Vice Chairman Gort: Every day?
Chairman Plummer: Every — no, my clothes once a week. All right.
Commissioner Regalado: No, the bath.
Chairman Plummer: My last water bill -- and they came...
Commissioner Teele: Was that a bath or clothes?
Chairman Plummer: Either one. Take your choice. My water bill for the last quarter was two hundred and
sixty-two dollars ($262) -- I'm a bachelor. I live alone. I mean, it's incredible. Listen to this. My water bill
was forty-three dollars ($43). Eighty some dollars for sewage; twenty some dollars for storm sewer; City of
Miami tax, Dade County tax, all of it, two hundred...
Commissioner Regalado: And South Florida Water Management also charges.
Chairman Plummer: Incredible!
Commissioner Regalado: And you know why, J.L.? Because the system of charging that they have —
charges -- they -- they're charging you as a family of four and that is what is some people are trying to
correct now.
Chairman Plummer: It's only because I'm fat.
Commissioner Teele: Mr. Chairman, on the pocket items, I don't have a pocket item per se. I have
Chairman Plummer: Well, excuse me. We've got to vote on his first.
161 January 12, 1999
Commissioner Teele: Oh, I thought we did.: .
Commissioner Regalado: No, we didn't.
Chairman Plummer: No. All right. All in favor of whatever kind of review that was, anatomical or
whatever.:.
Commissioner Teele: Analytical.
Chairman Plummer: Analytical, we -- say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed?
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-50
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
THE MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS TO ADOPT A RESOLUTION WHICH
SUPPORTS THE REVIEW OF THE MIAMI-DADE WATER AND
SEWER DEPARTMENT ("DEPARTMENT") AS IT PERTAINS TO
SAID DEPARTMENT'S WATER SERVICES ("SERVICES"),
INCLUDING (A) AN ANALYSIS OF CHARGES BILLED, AND
PRIOR RATE INCREASES AND DECREASES FOR SAID
SERVICES TO DETERMINE ANY INEQUITIES IN THE RATE
STRUCTURES FOR PURPOSES OF COST CONTROL; (B) AN
ANALYSIS OF BILLING METHODS UTILIZED FOR
INDIVIDUALS. LARGE AND SMALL FAMILIES, AND
CONDOMINIUMS AND APARTMENT BUILDINGS WHERE SAID
SERVICES ARE REGISTERED ON A SINGLE METER; AND (C) A
REVIEW _OF THE PROPOSED POLICY TO ALLOW CUSTOMERS
TO PAY QUARTERLY FOR SAID SREVICES BY MONTHLY
INSTALLMENTS, WITHOUT THE IMPOSITION OF LATE
CHARGES; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) .
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
162 January 12, 1999
62. INSTRUCT CITY MANAGER TO REVIEW PENSION MATTER OF JOSEFINA GOMEZ-PEREZ
- PERSONAL APPEARANCE: CHARLIE COX.
Commissioner Regalado: I have another pocket item.
Chairman Plummer: What? I don't have a copy of it.
Commissioner Regalado: No, it's a...
Chairman Plummer: You've got to forward me a copy.
Commissioner Regalado: It's one that I just — it's a direction to the Manager. It's a direction to the Manager
to resolve the situation of the pension of Josephina Sanchez -Perez. The Manager — Gomez -Perez. I'm
sorry. The Manager has met with me and I shared with other members of the Commission. The City
Attorney said that funds are. available and can be used from members of the Commission, as we have
proffered. So, I don't understand the problem that we are having. Can you...
Mr. Alejandro Vilarello (City Attorney): I would only correct your statement to be, that you're asking the
Manager to look into the matter because, of course, with issues of personnel, you may not direct the
Manager on those personnel matters, not — the Commission may not...
Chairman Plummer: Whoa, whoa. What is this? This coming out of my budget?
Commissioner Regalado: No, my budget.
Chairman Plummer: Oh, out of your budget solely?
Commissioner Regalado: Yes.
Chairman Plummer: Oh, all right.
Commissioner Regalado: It's and amount of...
Chairman Plummer: Well...
Commissioner Teele: 1 think the City Attorney has said to make the motion instructing or requesting that
the City Manager would look into the matter and that your budget is available...
Commissioner Regalado: Right.
Commissioner Teele: ...to offset any shortfall. I would...
Chairman Plummer: All right. You know, that's all well and good and I'm in favor of it, all right? But you,
like 1, some day will leave this Commission. What happens to her then?
Commissioner Regalado: No, no, no. No, no.
Commissioner Teele: Why don't we let...
Commissioner Regalado: No, no. J.L., it's not that we use my budget forever. It's that the City has to
deposit a small lump sum to finalize the retirement plan, and that is what is coming out of the budget.
Commissioner Teele: It's a one-time payment.
Commissioner Regalado: It's a one-time payment.
163 January 12, 1999
Chairman Plummer: OK, all right.
Commissioner Regalado: And nothing more.
Chairman Plummer: That's fine. Mr. Manager, you understand? You understand that? 1 mean, I don't
know why we need a motion on it? It's to report back. Charlie?
Commissioner Teele: I would prefer that it not be a motion, if the Manager would accept it as...
Chairman Plummer: What do you want? Do you want — he wanted it as a pocket item.
Mr. Donald Warshaw (City Manager): I understand the issue.
Chairman Plummer: All right. Mr. Cox.
Mr. Charlie Cox (President, American Federation of State, County and Municipal Employees local union):
Yes. And I have no problems with what you're trying to do. The only thing — let me explain to everybody.
We have been through this with the Pension Board before. You're sitting there for declaratory degree on
other people that have left this City. Mr. Caesar Odio, Mano Surana, your ex -City Clerk, your City
Attorney on — there's a tax issue that you cannot give somebody something unless they receive the cash.
The only thing that I'm saying is, if you want to provide her with a pension, then she needs to receive the
money and the 10 percent needs to go into the pension fund.
Commissioner Teele: Yeah, but that needs to be worked out with the City Manager and them. I mean, we
don't need to get into that.
Mr. Cox: But we can't keep going in and saying that we can give somebody a little bit of money for their
pension, when that's not what the ordinance calls for.
Commissioner Regalado: Mr. Attorney — excuse me. You said something about Caesar Odio. Caesar Odio
is getting a pension.
Mr. Cox: No. This is the 40 percent.
Commissioner Regalado: But, I mean, Caesar Odio is getting a pension and you...
Mr. Cox: Oh, absolutely.
Commissioner Regalado: When I try -- because he was convicted, you did support...
Mr. Cox: Absolutely.
Commissioner Regalado: OK.
Mr. Cox: And she can get her pension too. Absolutely.
Commissioner Regalado: So you support...
Mr. Cox: But she has to give the money for it.
Commissioner Regalado: But you support the possibility of her getting a pension?
Mr. Cox: I will tell you, I support anybody that receives a pension that was here and earned the money.
Absolutely. I support it.
164 January 12, 1999
Commissioner Teele: I think it's unfortunate that you would bring up other names that aren't really...
Chairman Plummer: OK. All right. We don't need to go any further on this.
Mr. Cox: But it's the same law.
Chairman Plummer: Charlie, it's now in the hands of the City Manager, who will come back and report to
this Commission at a later time.
63. DIRECT CITY MANAGER TO REPORT ON UNSAFE STRUCTURE / DEMOLITION OF
BUILDING LOCATED AT 224 NORTHWEST 12 STREET — SEE LABEL 10.
Chairman Plummer: Mr. Sanchez, you have a pocket item in reference...
Commissioner Teele: Mr. Chairman, if I may?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Thank you. We have a memo from the Manager — from the City Attorney relating
again to this 420 Northwest 10 Street. I want to be clear, Mr. Attorney. The demolition order doesn't start
when new owners take ownership? I thought a demolition order related to the previous ownership.
Mr. Alejandro Vilarello (City Attorney): Demolition order relates -- it's in rest. It relates to the property
and will continue, regardless of transfer of ownership.
Commissioner Teele: And to correct the deficiency so that an intelligent decision could be made — because
I can tell you that, if the management were to proceed with demolition of the building while there's
discussion, I think it would clearly indicate bad faith. So, how do we avoid that kind of situation?
Mr. Vilarello: With regard to whether or not the administration would consider a delay of the demolition
order?
Commissioner Teele: Yeah. Ninety days until there can be a determination.
Mr. Vilarello: Certainly, that request can be brought to their attention. Are we talking about two...
Commissioner Teele: Mr. Manager, I would respectfully request that there be a 90-day delay, until a
decision can be made. I mean, I'm talking now about 420 10th Street, the one that we were talking about
this morning and the one that we've talked about ad nauseam, forever and ever.
Mr. Donald Warshaw (City Manager): No problem.
Chairman Plummer: In that case.
Commissioner Teele: OK. Now, as it relates to the other building that was supposed to have been
demolished in April or supposed to been dealt with in April, where are we on that? And, Mr. Manager, I
would invite you to go by that building. It is undeniably one of the worst buildings — crack buildings,
prostitution buildings, homeless...
Chairman Plummer: Can't be worst than 1 Oth Street
Commissioner Teele: Oh, yes it is. It's much worse. And it's City owned. That's the big deference. Where
are we in clearing the title so that we can move — and why couldn't we move forward with the demolition of
that building?
Chairman Plummer: Unsafe structure.
165 January 12, 1999
Mr. Vilarello: Well, Commissioner, we're talking about 224 Northwest 12th Srreet?
Commissioner Teele: Yes, sir. The building that we asked you in April to clear the title and we asked the
Manager in April to get the building demolished.
Mr. Vilarello: OK. Currently, the Court has appointed a guardian ad litem to determine who is the
ownership — what is the ownership interest. He has — the guardian ad litem has 30 days to answer the
complaint or provide us with the names of any ownership or any individuals with interest or lien holders on
the property. If he cannot provide us those names, he's simply required to answer. At that point, we can
move for summary judgment and hopefully proceed, hopefully, by the end of March with the sale of the
property.
Commissioner Teele: You're aware that this is the building that the gentleman made reference to, that this
has been going on since April? The original resolution to find a site for Basic Training was this building.
Building and Zoning and other people went out, determined that the building was structurally deficient and
could not be used. We then determined that, in fact, the City is the absentee owner, although the title has
not been perfected because the building has been abandoned. And it's a first mortgage. We were told that
this would be cleared up in — by December, hopefully, on the legal side. Mr. Manager, can you tell us
where we are on the unsafe structure and the demolition of that building?
Chairman Plummer: Hold your breath.
Mr. Warshaw: I'll give you an answer before we're done, Commissioner.
Commissioner Teele: OK.
Chairman Plummer: It's been running, Art...
Vice Chairman Gort: She's got it. She's got it.
Chairman Plummer: It's been running 12 to 24 months.
Vice Chairman Gort: She's got it. _
Ms. Maggie Genova-Cordovi (Interim Director, Building and Zoning Department): Is that 224 Northwest
12th Street? We have the order to demolish already.
Commissioner Teele: So, when is that building going to be demolished?
Ms. Genova-Cordovi: It could take about a week to 10 days.
Commissioner Teele: Well, please let me know before you do it. I'd like to make sure that it is an active
home of homeless people who are totally out of grace.
Chairman Plummer: OK.
64. DIRECT CITY MANAGER TO SCHEDULE PUBLIC HEARING TO DISCUSS CDBG
ALLOCATIONS TO TWO SOCIAL SERVICE HAITIAN ORGANIZATIONS — FURTHER
REQUESTING MANAGER TO REPORT ON SAFE STRUCTURE OF CENTER FOR HAITIAN
STUDIES BUILDING LOCATED AT 8260 NE 2 AVENUE.
Commissioner Teele: And — I mean, it's a very sad situation. And, finally, Commissioner Plummer, I need
your understanding of this. We received a letter, as did the Manager, indicating that a building that we
purchased — that we supported from the Haitian Center — and I don't -- forgive me. I don't know the names
of these organizations that well. But, apparently, about three years ago, J.L., the Haitian Center applied for
166 January 12, 1999
two hundred and fifty thousand dollars ($250,000).
Chairman Plummer: And it's down to 125.
Commissioner Teele: Well, in one of these typical Miami Solomonic ideas, we divided the money in half
because, as you know, any time one group ask for something, somebody goes out and gets other people to
ask for the same thing. So, the group that asked for the 250 got divided in half. However, the other half was
never spent.
Chairman Plummer: That's correct. The money is still available.
Commissioner Teele: Well, a lot of money's available, J.L. The fact of the matter is this, the building is
now apparently deteriorating and I would ask that the Manager send someone out to inspect the roof to
determine whether or not...
Chairman Plummer: I already sent a memo.
Commissioner Teele: Huh?
Chairman Plummer: I've already sent a memo on it.
Commissioner Regalado: You've already sent a memo on it?
Chairman Plummer: As a matter of fact, I got an answer back. I'll share it with you. Yeah. Ringo called
me from — Christmas Day from Haiti and that's — the day after that is when I sent the memo.
Commissioner Teele: Well, is the building in bad condition? I mean, is the roof in bad condition? Because
apparently, when theyasked for the money, they were entitled to it based upon the total cost of the building
but someone just -- someone just basically said, well, you take half and the other group take half and, as a
result, you know, they got half a loaf. And my request would be for the Manager to put on the next
Commission agenda, as a public hearing item, a determination as to whether or not the hundred twenty-five
thousand dollars ($125,000) that was originally — if it was originally requested. I don't know that to be the
case. But, apparently, you do J.L.
Chairman Plummer: Yes. -
Commissioner Teele: That it was requested; that the Commission just sort of made a decision but the
money was never spent and if it is needed, that we make that money available to repair the roof as a matter
of public hearing.
Chairman Plummer: OK. I'll share my memo with you, sir.
Commissioner Teele: Would you share it with the Manager then...
Chairman Plummer: He wrote it.
Commissioner Teele: ...because they need the history on this thing.
Chairman Plummer: I think he wrote it. His name was on it.
65. APPROVE CAP OF USER FEE FOR ORANGE BOWL STADIUM FOR PROFESSIONAL
SOCCER CONTINENTAL CUP GAME SCHEDULED FOR JANUARY 17, 1999.
Chairman Plummer: All right. Mr. Sanchez. -
Commissioner Sanchez: The Orange Bowl continues to be a facility that is way under utilized and we need
to do things to bring events over to the Orange Bowl, so that's why I'm presenting this resolution
167 January 12, 1999
Chainnan Plummer: So, the only thing you're asking is a dap on the rental of ten thousand. Every else
remains the same.
Commissioner Sanchez: Yes, sir.
Chairman Plummer: They have to do the police, fire, clean up, sanitation, ticket takers, parking attendants
and all of that?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Any further — no. It's approved.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-51
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING
TO "THE CONTINENTAL CUP", A PROFESSIONAL SOCCER
GAME AT THE ORANGE BOWL STADIUM ON JANUARY 17,
1999, AND PRESENTED BY CONTINENTAL SPORTS
MANAGEMENT, INC.; AUTHORIZING A CAP ON THE USER FEE
OF $10,000 FOR THE EVENT; CONDITIONING SAID
AUTHORIZATION UPON THE ORGANIZERS: 1) PAYING ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENT, 2) OBTAINING
INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR DESIGNEE, AND 3)
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr...
Chairman J.L. Plummer, Jr.
NAYS:. None.
ABSENT: None.
167 January 12, 1999
66. APPROVE USE OF KENNETH MYERS PARK BY HOME MANAGEMENT SHOW CORP —
FOR PARKING OVERFLOW OF HOME DESIGN AND REMODELING SHOW SCHEDULED FOR
FEBRUARY 5-10, 1999, AT COCONUT GROVE EXHIBITION CENTER.
Chairman Plummer: Mr. Manager, I met with your people — Mr. Gort said he had no pocket items -- in
reference to the Home Show and the problem there is the problem of using the parking lot to the west and
the concern of the Festival Committee, as well as the Coconut Grove Arts Festival, that they — they're there
a week later. The exhibitor of the Art festival — I'm sorry, of the Home Show has agreed to put up an
escrow amount of money that would cover any damages that would be incurred; that a member of the
Standing Festival Committee and a representative from the Parks Department, the NET (Neighborhood
Enhancement Team) administrator and the promoter go out and check the grounds prior and a few days
afterwards to check for damages and notes to the Park Department. Mr. Manager, also a provision is by the
promoter of the Home Show that, if it was a deluge of rain, that he assured us he would not use it because he
didn't want to lose the money but that, in fact, the — was it you, Mr. Ruder, that I met with? Who did I? That
they would video — oh, the two people from the auditorium. That they would video the condition prior. I
told them that's how we do it at Bayfront Park. They would video the park and then have a proof, a video
proof if damage was done and that, in fact, they would expedite all matters relating to fixing it back up. So,
I introduce a resolution of the City of Miami Commission authorizing the use of Kenny Meyers Park by the
Home Show Management Corporation to accommodate overflow parking in connection with the Home
Design and Remodeling Show; to be presented at the Coconut Grove Exhibition Center to February 5
through 10. At any time during the event or prior to the — during said home show does not render the use
area (phonetic) unacceptable for parking and the sole determination of the City Manager designee, said
administration; further condition upon one, paying a deposit in an amount to be negotiated by the City
Manager for repair or restoration of damage that may be incurred during said use period. And two,
obtaining the necessary park permits for said use. Mr. Manager, I move this item. The negotiated fee was
twenty-five hundred dollars ($2500), that they felt — that was by your people, that they would put up
twenty-five hundred in escrow and they agreed to it without any problem. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show unanimous.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-52
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE USE OF KENNETH MYERS PARK BY HOME
SHOW MANAGEMENT CORP. ("HSMC") TO ACCOMMODATE
OVERFLOW PARKING IN CONNECTION WITH THE HOME
DESIGN AND REMODELING SHOW ("HOME SHOW") TO BE
PRESENTED AT THE COCONUT GROVE EXHIBITION CENTER,
FEBRUARY 5-10, 1999, PROVIDING THAT ANY MEASUREABLE
RAIN OR WEATHER CONDITIONS AT ANY TIME DURING THE
EVENT, OR PRIOR TO OR DURING SAID HOME SHOW, DOES NO
RENDER THE USE AREA UNACCEPTABLE FOR PARKING IN
THE SOLE DETERMINATION OF THE CITY MANAGER OR
DESIGNEE; SAID AUTHORIZATION FURTHER CONDITIONED
UPON HSMC: 1) PAYING A DEPOSIT, IN AN AMOUNT TO BE
NEGOTIATED BY THE CITY MANAGER, FOR REPAIR OR
RESTORATION OF DAMAGE THAT MAY BE INCURRED
DURING SAID USE PERIOD, AND 2) OBTAINING THE
NECESSARY PARK PERMIT FOR SAID USE.
168 January 12, 1999
(Here follows body of resolution, omitted here and on file'in the Office of the City -Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. Manager, I had asked you about ITB (International Trade Board).
Vice Chairman Gort: You need a second.
Chairman Plummer: What do mean, I got to get a second? You don't want a Home Show? Nobody
seconded the motion?
Vice Chairman Gort: I'll second it.
67. DISCUSS / SCHEDULE FOR NEXT COMMISSION MEETING ITEM RELATED TO HIRING
PROFESSIONAL TO PUBLICIZE MIAMI INTERNATIONAL TRADE IN INTERNET.
Chairman Plummer: Oh, you guys went to sleep on me. Mr. Manager, I -asked you about ITB (International
Trade Board). To my colleagues, ITB had a meeting on Saturday where all but two of the 13 members
came to that seminar for a three hour period on a Saturday morning and I think it shows the interest of what
they're trying to accomplish for this community. The one thing that came out of the ITB meeting was the
need to go on the International Internet for — International Trade, which we feel would be an unbelievable
amount for the City of Miami. The little one that we have now, which was not done professionally, we are
averaging about twenty-five hundred hits a week for Miami International Trade. It is asked of this City
Commission that, if you really want to go — to do the right thing, that it's going to cost us, not to exceed
thirty thousand dollars ($30,000), to get a professional to come in and do what is necessary for us to create
that magic name, Miami International Trade on the worldwide net. I ask you for consideration. Mr.
Manager, I gave it to you because it has a fiscal impact and I have to govern myself accordingly. It's up to
you.
Mr. Donald Warshaw (City Manager): If you'd like, we'll bring it back for the next Commission meeting.
Chairman Plummer: That's your pleasure, sir.
Mr. Warshaw: 1 think we have an appropriate funding source for it, as part of the strategic plan and the
Blue Ribbon initiatives.
Chairman Plummer: That will be fine, sir. is there any other matters to come before this City Commission?
Commissioner Regalado: Yes, sir.
Chairman Plummer: Mr. Regalado.
169 January 12, 1999
68. CONTINUED DISCUSSION ON ANNOUNCEMENT OF MIAMI AS PART OF
EMPOWERMENT ZONE - DIRECT CITY MANAGER TO ACCOUNT FOR FUNDS EARMARKED
FOR HIRING CONSULTANT TO ASSIST CITY WITH EMPOWERMENT ZONE APPLICATION —
SEE LABELS I K AND 74.
Commissioner Regalado: Mr. Manager, is the City of Miami, in any way, participating in the
announcement of — the official announcement in.Washington of the Empowerment Zone?
Commissioner Sanchez: Yes, sir.
Mr. Donald Warshaw (City Manager): Yes, sir. I believe that, with the Mayor, Gwen Warren, and Cynthia
Curry, are attending. I don't know if there's anyone else from the City going. From my staff, Ms. Gwen
Warren is attending.
Chairman Plummer: Well, the Mayor is going because he informed me he would not be here tomorrow.
Mr. Warshaw: Yes, the Mayor is going. And Gwen Warren from the staff and 1 know Cynthia Curry is
going as well.
Commissioner Regalado: That's in Washington?
Mr. Warshaw: Yes, sir.
Chairman Plummer: Yeah.
Mr. Warshaw: Tomorrow morning.
Chairman Plummer: You want to go?
Commissioner Regalado: Are we, in any way, paying any trips to County officials?
Mr. Warshaw: I'm sorry?
Commissioner Regalado: Are we paying any of the trips to County officials?
Mr. Warshaw: No, sir.
Commissioner Regalado: You're sure?
Mr. Warshaw: As far as I know, we're not paying...
Commissioner Regalado: Can you check, Mr. Manager?
Mr. Warshaw: Yes, sir.
Commissioner Sanchez: I participated in many of the meetings.
Chairman Plummer: Excuse me. Mr. Regalado, help him out. Do you know that there is maybe some
being paid?
Commissioner Regalado: I heard that the City is the recipient of money to work with members of the
committee of the Empowerment Zone and that the City had some money and that County officials were
traveling with that money because, as the City as recipient — you know, the City of Miami plays a very
important role in all this. So, I don't know. That's what I heard. I just want to check.
Mr. Warshaw: Commissioner, we do have approximately eighty thousand dollars ($80,000) left in the
170 January 12, 1999
Empowerment Zone account.
Vice Chairman Gort: Right. There's some money that went into that.
Mr. Warshaw: And other than the Mayor...
Commissioner Teele: Excuse me. That money was to hire a consultant. We've not hired a consultant. That
is not an Empowerment Zone account. That was an account, which I made the motion. my resolution. to
hire a consultant to be of equal quality and stature with Miss Curry, to protect the City's interest, et cetera.
The City never did anything. 1 fully expect the hundred thousand dollars ($100.000) to be made available
for eligible sources and that money could — cannot be spent without this Commission's approval, under our
financial rules. It's not a slush fund.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: My office was the one that put in the application the day before the deadline, when
the County called and said there wasn't an application in. At which time, myself and Commissioner Gort
attended several meetings over at the Dade County Commission on that matter. Now, if we look at the
Empowerment Zone and you look at it, it affects — there's a lot of property that falls in the City, which we
could quality for. So, I do expect that a lot of this money will go into -- it's ours. I mean, it is ours.
Mr. Warshaw: No question.
Chairman Plummer: All right. Mr. Manager, you'll put over...
Commissioner Teele: Mr. Chairman, before — I do want to say that I think the Empowerment Zone is
important. I think it's a win for the citizens of this community. I think its a good thing. 1 think Mayor
Carollo is the appropriate person to represent the City. 1 think Mayor Penelas has done an outstanding job.
The only thing that I'm saying, though, is that the funds that were made available, were made available for
an explicit limited purpose and none of those funds should have been expended. And I'm going to request
an accounting of those funds or any funds in that account because, again, that was for the hiring of a
consultant that would be of equal quality and caliber of Miss Curry, who was doing an outstanding job for
the County. And my fear was, and continues to be, that the City is just there for the ride and, you know —
and our citizens are not going to -- and I'm very concerned about the tax credit aspect of this thing because I
know what the deals are.
Chairman Plummer: Mr. City Manager, Item 36.
Vice Chairman Gort: Mr. Chairman, before you go to Item 36,1 do have a question.
Chairman Plummer: Mr. Gort. Wait. We've got three items left.
Vice Chairman Gort: My understanding is, that some proposals are part of this Empowerment Zone
application. My understanding is, this proposal. if it's been accepted, it will be funded. I'd like to know,
when you get back to us, which are the proposals that are going to be funded out of this Empowerment
Zone.
Ms. Dena Bianchino (Assistant City Manager): I can clarify that a bit right now.
Vice Chairman Gort: OK.
Ms. Bianchino: There were certain proposals specifically put in the application but most of the benefit is
more general and applications will need to be put together for these various pots of tax credits and bonding.
So. we will give you a report on what actually was funded, what proposals. And also, in addition to that,
what funding sources are available to City organizations and to the City, that we can apply to the
171 January 12, 1999
empowerment board for.
Vice Chairman Gort: OK. And the decision will be made by the board?
Ms. Bianchino: Yes, sir.
Vice Chairman Gort: What we're representing and so on.
Ms. Bianchino: Yes, sir.
Vice Chairman Gort: Thank you.
69. BRIEF DISCUSSION RELATED TO ANNUAL COST OF CITY BOARDS.
Chairman Plummer: Mr. City Manager, Item 36.
Ms. Teresita Fernandez (Chief, Hearing Boards): Teresita Fernandez for the office of Hearing Boards. Is
there any questions you want to ask me?
Chairman Plummer: Yes.
Ms. Fernandez: You have a...
Mr. Donald Warshaw (City Manager): Well, there was a...
Ms. Fernandez: You have a report ... I'm sorry.
Mr. Warshaw: Excuse me. There was a memo prepared by me on November 30th that responded to a
question by the Commission as to the annual cost for the boards.
Chairman Plummer: Are there any questions by members of the Commission about annual costs to City
boards? All right, thank you. Item 30...
Vice Chairman Gort: Bayfront Park and ITB and -- let me see...
Commissioner Regalado: How much is Bayfront Park?
Chairman Plummer: Hey, I'm going to move at the next Commission meeting we get rid of DDA
(Downtown Development Authority).
70. BRIEFLY DISCUSS MONTHLY STATUS REPORT OF CITY BUDGET — DIRECT
ADMINISTRATION TO PROVIDE JUSTIFICATION OF DEPARTMENTAL USAGE OF
OVERTIME CITYWIDE.
Chairman Plummer: Item 38. Thirty-eight. Monthly status report of the City budget.
Mr. Dipak Parekh (Director, Management & Budget): Commissioners, you have been sent two particular
reports for the month of October and November. At this moment in time, you have approximately six point
three million dollars ($6,300,000), about what the statement dated reserves, plus you have approximately a
hundred and thirty-eight million dollars ($138,000,000) in cash at the end of the month of November.
Chairman Plummer: Time for a party.
Mr. Parekh: I'm also very happy to say that, at this moment and time, there are no department directors, nor
any departments in any sort of deficit, which is a different situation than we had one last year.
172 January 12, 1999
Chairman Plummer: Are there any red flags flying that we should be concerned about? We, the
Commission.
Mr. Parekh: The only concern I have from my perspective is any particular litigation which may be ongoing
or any kind of settlements, which are going to hit the budget. At this moment in time, we seem to be doing
OK. At next month, I'll probably give you another update on it.
Chairman Plummer: Mr. Parekh, I have asked time and time again for a justification of overtime on a
monthly basis.
Mr. Parekh: I think that memo is supposed to be compiled,by...
Chairman Plummer: Well, we lost October. We lost November. We lost December and it's now January.
Mr. Warshaw: I'll send something.
Chairman Plummer: What?
Mr. Warshaw: We sent a memo out in overtime and just off the top of my head, I believe we've expended
approximately 15.9 percent of the budget...
Chairman Plummer: But I also asked for...
Mr. Warshaw: ...for 16.7 percent of the...
Chairman Plummer: ..the justification of the budget —of the overtime and I have no justification.
Mr. Warshaw: Talking about total overtime or you're talking about police overtime?
Chairman Plummer: I'm talking total overtime, a six million dollar ($6,000,000) item. So, if you'll get that
sent to me.
Mr. Warshaw: I will.
71.(A). DISCUSS POSSIBLE ENHANCEMENT TO STRUCTURE AND PURPOSE OF NET
OFFICES INCLUDING EXTENDED WORK HOURS ON WEEKENDS AND MEETINGS WITH
COMMISSIONERS TO DISCUSS ISSUES.
(B) DIRECT ADMINISTRATION TO REMOVE TREE ON DOUGLAS AND PERCIVAL FROM
PUBLIC RIGHT-OF-WAY.
- (C) CONTINUED COMMENTS ON NET OFFICES AND POSSIBILITY OF DIRECTORS
TOURING DISTRICT FACILITIES TO ASCERTAIN PROBLEMS FIRST HAND.
Chairman Plummer: Item 32. This is the last item that I know of. Excuse me. Before you start, is there
anybody in the audience that has an item that has not been addressed? For all practical purposes, this is the
last item. Twenty-eight A.
Commissioner Sanchez: No, we did that one already.
Chairman Plummer: That was Sanchez.
Commissioner Regalado: No, we did not.
Commissioner Sanchez: Yes, that was mine.
Chairman Plummer: That's where money bag gave away all his money.
Commissioner Regalado: No, no.
173 January 12, 1999
Commissioner Sanchez: It's called good government.
Chairman Plummer: Oh, Mr. Teele, that was your item. the 62-hour workweek. Work bi-weekly.
Commissioner Teele: Yeah. I really wanted to hear from the Union on the issue.
Chairman Plummer: All right. We can — we're still under six o'clock. Mr. Martinez, NET (Neighborhood
Enhancement Team) offices.
Mr. Raul Martinez (Assistant City Manager): Commissioner, you requested that, during December, to put
this in the Commission agenda. You couldn't hear it at the last December meeting so you asked to be placed
back on the first meeting on January. I submitted to all the Commissioners a report on NET program
enhancements that basically spoke about the things we have done; things that we plan to do to make NET
more responsive, to make they them more proactive. We have created written procedures. We have created
monthly report that justifies each and every line item that they'll be doing.
Chairman Plummer: Are each NET office going to be using the same reporting process?
Mr. Martinez: Yes, sir. And we'll submit to the Commission...
Chairman Plummer: That's something new.
Mr. Martinez: Yes, it's something that — it's taken us a while to get it done but the month of January, when
it ends, it will be the first month that they've compiled a new monthly report and you have a copy of a blank
monthly report.
Chairman Plummer: Mr. Manager, what I would suggest to you, fully cognizant of the fact that a
Commissioner cannot interfere. I think it would be a very good thing that, once a month or once every three
months, that each Commissioner have the ability to have a meeting with the NET administrators in his
district to discuss items, to discuss ideas and, in no way --
Commissioner Teele: We've done that already.
Chairman Plummer: Well, I never done it and I think it would be something very much worthwhile that we
could sit down, we could discuss items and then come back, if necessary, and write memos, which is the
proper procedure to do around here. But 1 think that it would be very, very well, on an every three month
basis, that, you know -- that I think it should be considered.
Mr. Martinez: And, Commissioners, just last couple points. We're in the process — we have done some
hires. We hired the Downtown NET administrator, Patricia Castro, who's here. We have hired a Northeast
Coconut Grove administrator, who begins on February lst. We have hired the NET Coordinator, Mr.
Manuel Diaz, who's here. We're in the process of hiring five Code Inspectors, three Service Reps, three
Community Service Aids. We're waiting for the Federal grant to come in, where — from the Police
Department, we will get 26 customer service aids that will add two per office. That will give us the
capability to open nights or on weekends, whatever is more suitable for the NET office. We're tackling the
last issues on space. We have -a very severe issue in the Little Haiti NET office and we hope that, within the
next couple weeks, we be able to announce the official grand opening of the Little Haiti NET Office. The
next challenge is the Coral Way NET office. As you know, it has been located at a trailer and we're looking
at a facility, for them to move to an actual facility, so we hope to finish that within the next month.
Chairman Plummer: Can I make a suggestion?
Mr. Martinez: Yes, sir.
Chairman Plummer: One of the things, as I listen to the radio, is that it seems like our City stops on
Saturday and Sunday and does not exist; that, I think, that what you ought to — maybe you might consider —
174 January 12, 1999
this was just a thought, Mr. Manager — is that one of the NET offices, per weekend, have hours from normal
work hours and phones could be diverted to that one NET office. The other day we tried to get a very
simple thing of a huge branch out of the street on Douglas and Frow: I was amazed that wrecker companies
would not come out and tow it out of the street for us. No one from Public Works could be contacted.
Nobody from the NET administrator's office was around. You know, let me tell you. it's amazing how some
things are accomplished in this community. From Friday night at five o'clock until Monday morning at
eight o'clock, I have seen buildings built. I have seen additions finished. And, you know why? There's
nobody inspecting, there's nobody out there checking, OK, and it's amazing what they can do in that short
period of time and they do it. I'm also very concerned of the NET offices not assisting in the streetlight
program. Those people are out there. They quit at five o'clock. There's nobody from NET offices that are
out working after five o'clock. Mr. Manager, I was going to ask you, sir, to consider asking the Police
Department that, when they're out in regular patrol and they see streetlights that we're paying twenty-four
dollars and seventy-five cents ($24.75) a month, whether they're on or off, that they just simply report it to
whatever station or whatever they can:
Mr. Donald Warshaw (City Manager): We'll do that, Commissioner. We did it once last year and we can
do that again.
Chairman Plummer: If we were to go to the full extent — which, Mr. Manager, that's why I asked the City
Attorney to review the. contract of FP&L (Florida Power & Light) in street lighting — we could probably
save two to three hundred thousand dollars a year of lights that are encompassed in trees that can't even be
used, so let's turn them off and save the money.
Mr. Martinez: And, Commissioner, let me add. The ... within the NET administrator and the NET
Lieutenant, they're doing that. They're doing — the midnight officers are doing surveys. And part of their
monthly reports are going to show how many lights are out in the NET area? How many lights that were
out, are now fixed in the NET area.
Chairman Plummer: Mr. Martinez?
Mr. Martinez: Yes, sir.
Chairman Plummer: You know I ride at night.
Mr. Martinez: I know you do, sir.
Chairman Plummer: From 32nd Avenue to 37th Avenue, from Dixie Highway to Franklin, there were 19th
streetlights out. And I watched Florida Power & Light trucks go right by them and look at them. They don't
stop. They don't stop. The light stays. out. That includes lights that are totally encompassed in trees and
you can't see the lights. All right.'
Commissioner- Sanchez: Need to get a life.
Chairman Plummer: Anything else you want to say on NET?
Commissioner Sanchez: 1 do. I do, yeah.
Chairman Plummer: Shut up and be quiet.
Mr. Warshaw: I'd just like to add something on...
Chairman Plummer: Now I know why they give me a hammer.
Mr. Warshaw: On NET. Absent offices being opened at night or on the weekends — and we'll follow your
suggestion and try to open at least one. I have...
Chairman Plummer: Rotate them.
175 January 12, 1999
Mr. Warshaw: And rotate them. I asked have the department directors, and I can tell you that they all are.
the Assistant City Managers, myself, we've developed a communications network. Everybody is available
24 hours a day, seven days a week. We're going to work with the Police Department. If there's a branch. if
there's a light, .if there's something that belongs to Public Works or Sanitation, that there will be a
mechanism to reach the appropriate department director and we work on weekends, we work at nights and
we'll get those things done.
Chairman Plummer: That's fine.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Now, two months ... wait a minute. Two months ago, when a bunch of us got together
and pulled that branch out of the street, out of — came off of public right-of-way, the branch is still there.
Mr. Warshaw: You put it there.
Chairman Plummer: That's two and a half months ago. It's still there.
Mr. Martinez: Where's it at?
Chairman Plummer: It on Douglas and I don't know whether it's — I think it's either Oak or Percival. It's in
the vacant lot. That's where we — huge.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Vice Chairman Gort: It's private property.
Chairman Plummer: No, it was off the public right-of-way.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Sir.
Commissioner Sanchez: First, I suggest you get...
Chairman Plummer: You're out of order.
Commissioner Sanchez: 1 first suggest you get married and then get a life, all right. And the reason why I
say that because...
Chairman Plummer: Why should I be unhappy like you?
Commissioner Sanchez: 1 find him driving all over the city at every hour of the night. I mean, checking up
on lights. 1 mean, it's unbelievable. But that's besides the point. Mr. Martinez, let me tell you, I commend
you. You've done a great job. You are truly a professional and let me tell you, the NET administrators that
I've dealt with, the ones in my district, I've got the utmost respect for you. Because if I make a phone call
and that's one of my -- our life lines in my district is, when we get a complaints and we write that ticket or
whatever it's called to you, I mean, I have to tell you something, I am very impressed with the NET program.
I am very impressed with NET administrators in my district. I have no complaints whatsoever. Of course, I
have a life.
Chairman Plummer: Are you finished?
Commissioner Teele: On the report, Mr. Chairman.
176 January 12, 1999
Chairman Plummer: Mr. Teele. On 28A, is that the item? No. The item in reference to the 62-hour
workweek.
Commissioner Teele: No. The item is a report that the big NET is giving.
Chairman Plummer: Oh, I'm sorry. Big NET. Is that like Bigfoot? Mr. Teele.
Commissioner Teele: Chief, how is the budget — and I noted that, in the budget adjustment ordinance, you
all didn't ask for an adjustment, is that correct?
Mr. Martinez: That's correct, sir.
Commissioner Teele: How is the budget for the NET office and is it satisfactory from your point of view?
Mr. Martinez: I actually didn't participate in the creation of this budget. This budget was created before we
came over and from talking to some of the NET administrators, there really was not much input from the
NET administrators in the creation of the budget. It was basically salaries, some office supplies. There is
some money for lot clearing, some monies for — that's coming from CDBG (Community Development block
grant) for lot clearing for target areas but, beyond that, there's not much money. I can tell you, we're
working right now for the next fiscal year to have a bonafide budget by NET area that meets the needs of
every NET office. We have met with the Department of Computers. They're going to give us a report on
their computer needs for each office and that will be incorporated in our budget request.
Mr. Warshaw: Just to add to that, Commissioner. The budget for NET is not sufficient. It's as bare bone as
you can get and, for next year, we want to present you with a real budget that we can put up against the
goals and objectives and the kinds of things we expect NET to do.
Commissioner Teele: Well — and that -- I guess that's my point, Mr. Manager, and I would ask you to
consider doing the NET budget first. You know, we need to keep in mind who we're here to serve. We're
here to serve — the rubber meets the road with the people. That's not to demean or diminish any department,
but the people that are in these NET offices are the ones who have to serve the tax payers, the citizens, the
good, the bad and the ugly, if you will, and I...
Chairman Plummer: Don't talk about sanitation. Sanchez that way.
Commissioner Teele: And I really, really believe that the NET budget process has always been, from the
very beginning, an after thought, in the way it was created, the way it was constructed. And piggy backing
upon what Commissioner Sanchez said, you know, about the professionalism, you know, that you exude and
you carry yourself with, it really is, I think, a compliment to the Manager and to the entire civilian — now
that you're a civilian -- the civilian work force. I just want to, you know, again make note of the fact that
we've done a fourteen million dollar ($14,000,000) budget adjustment today but, again, we're not really
making these adjustments in the areas that I think — that I would like to see us make. And while the budget
may have started --1'm talking, Dipak, about Item 15. You're frowning and all that.
Mr. Parekh: Commissioner, that amendment was for fiscal year 1998. It was a second reading. It was
closing out last fiscal year. We haven't done an amendment yet.
Commissioner Teele: Then I stand corrected, as it relates to the fiscal year. But the point is still the same
and, that is, that I would hope that, as we build the budget for FY 2000, that we would start with the NET
offices, as opposed to doing — you know, there's a way that all these department heads sort of, you know,
stampede to the front and, you know, the NET, and we need you to stampede with them, is what I'm saying,
with all the rest of the department heads, and get the NET budget straight. The final issue is one that
Commissioner -- the Chairman, Commissioner Plummer, has continued to make reference to and I really
thought, when I saw your work plan, that you would have dealt with this issue before now. How do you
justify the number of NET offices that we have? And maybe that's a rhetorical question.
177 January 12, 1999
Chairman Plummer: You don't really want to hear the true answer.
Commissioner Teele: Maybe it's a rhetorical question. You know, but I would really hate that we're letting
status quo or we're letting — you know, what was there — and, you know, this government has gone through
some changes. I'm not at all convinced that Commissioner Plummer's recommendation is the solution but 1
think it goes a long way in developing communication. But it just seems to me that NET offices, to the
extent that the citizens of this City created five districts, and I'm proposing seven districts — but to the extent
that we have the law of the land, the constitution of this City is five district. It just seems to me to have --
how many NET offices we have now?
Mr. Martinez: Thirteen.
Chairman Plummer: Thirteen.
Commissioner Teele: Thirteen just doesn't...
Chairman Plummer: I agree.
Commissioner Teele: And I just wish — you know, I don't have a plan. I don't have an agenda. You know, I
don't think it should be five. Let me say that. I don't think there should be five NET offices. But I really do
think somebody needs to take a look at the logic of the NET offices and recognizing that this is a diverse
community, recognizing that we have a large Puerto Rican community, a large Dominican community, a
large Nicaraguan — and I'm going to leave somebody out now. I apologize to those that I leave out.
Chairman Plummer: They're called Anglos.
Commissioner Teele: Anglos, as well as Haitians, as well as Bahamians as well as African — traditional
African Americans. And I'm not at all saying we want this thing to be the United Nations but I just think
there should be some rationale for 13 NET offices or for a net structure, and I would welcome your
thoughtful professional analysis, at some point in the future, as to what you think the right NET structure is.
And I -- again, I commend you for what you're doing but I really do think that we need to be careful that we
don't lock ourselves into something because we've been doing it all the time.
Mr. Martinez: You're right, Commissioner. And, as we discussed, when I met individually with some of
you — in fact, with all of you, you know, until I -- we start getting that new information with the monthly
report, that is all equal, they're all reporting the same way, that's going to let us know whether there's a need,
you know, to have 13 or 12. If we see — believe me, if we see we have a need for 13, we'll bring it back --
the administration will bring it back to this Commission and say, there's no need for 13. We recommend 11
or 10 or nine or whatever the number is. But, at this time, with information I'm getting, the accolades — we
appreciate the accolades but that should not be for me. That should be for the 13 NET administrators that
are doing a great job in the 13 NET areas.
Chairman Plummer: Before politics got involved, we operated with nine NET offices
Mr. Martinez: It was 11.
Chairman Plummer: Was it I I?
Mr. Martinez: Yes, sir, it was 11.
Chairman Plummer: OK. And it did very, very well.
Vice Chairman Gort: Mr. Chairman?
Commissioner Teele: Commissioner Plummer, how many NET offices does your district interface with?
Chairman Plummer: Five.
178 January 12, 1999
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Vice Chairman Gort: Mr. Chairman?
Commissioner Teele: That's unbelievable.
Chairman Plummer: Five. And you know what, two of the people I don't even know. They never come
over to say hello.
Commissioner Teele: And they should keep their heads down.
Chairman Plummer: And face east.
Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Chairman Gort: Something new that has been implemented, which I welcome and I took a tour in two of
my areas, was that the department directors went along the neighborhood — and this is something that I think
is very important -- the department directors come down to our neighborhoods and see the different
facilities. In that way, when they make a decision, they can see how it's going to be affected. Now, for
example, let me tell you. In my district, I have three NET and I think I need all three of them because the
problems in Allapattah are completely different from the problems they have in Grapeland, from the
problem they have in Flagami. They're completely different. There might be some areas where you might
be able to put both of them together. But I can tell you, in my district, all three of them — I have three
different districts, three different neighborhoods. There are problems and each one is completely different.
And the idea behind the NET, as I read on it when I first came on board here, was that the NET not only was
to provide services but, at the same time, provide economic growth and planning for that neighborhood,
which is something that we've lack and we've not done in the past. That's something that we need in order to
bring our neighborhoods back to the standards.
Chairman Plummer: Mr. Warshaw.
Mr. Warshaw: And, Commissioner Gort, just as a follow-up to that. Maybe it was an idea I brought with
me from the Police Department but I want the senior staff of the City to get out in the streets and, starting
next week, will be the first of what are going to be many staff walks with all of the senior executives of the
City. The first one is in Model City and it's going to take the entire senior executive staff, for a couple of
hours, to walk and talk to business people and certainly get a different perspective, as Commissioner Teele
points out, when you're out there. As he said, where the rubber meets the road and you actually talk to
people, you get a different sense of what your job is all about. So, we're going to be doing more of that.
72. COMMENTS IN CONNECTION WITH LIEUTENANT COTERA'S STREET NARCOTICS UNIT
FOR JOB WELL DONE.
Chairman Plummer: Keep the Chief out of my bulldozer. Mr. Manager, if I may, I'd like to compliment
Lieutenant Cortera and his group of the Street Narcotics, in the job that they're doing. They have absolutely
been fabulous on 1st Avenue and 2nd Street -- 16th Street, northwest. I just hope if — the Chief has
indicated to myself and others that he is going to be doing an absolute person by person review of the Police
Department in January. Mr. Manager, we need more than 10 people in a group addressing the problems of
drugs. That's Art Teele's district but I'm there every day and let me tell you, they hate the side of that blue
Cadillac. They just absolutely can see it miles off. Both of them, the cops and the bad guys.
73. COMMENTS RELATED TO NEED TO HIRE 36 SANITATION WORKERS PREVIOUSLY
PROMISED —SCHEDULE FOR DISCUSSION IN NEXT COMMISSION AGENDA.
Chairman Plummer: My final thing of the evening, Mr. Manager. We have had many discussions. I would
like, at the next Commission meeting, to know why we are not providing 36 sanitation workers that we said
179 January 12, 1999
we were going to do. We said that there was a need; they were going to be done in the new budget. Mr.
Manager, one of the problems we're having of getting the trash — Clarance, you're going to have to
participate in this. Is, I want to know why that, on a daily basis, I have to sit — face the sanitation workers
and answer the question, why haven't you kept your promise? I want you to answer, why you haven't kept
your promise in the next Commission agenda, please.
Mr. Donald Warshaw (City Manager): Yes, sir.
74. CONTINUE DISCUSSION ON IDEAS TO IMPLEMENT EMPOWERMENT ZONE — SEE
LABELS 1 K AND 68.
Chairman Plummer: Is there any other items to come before this...
Commissioner Regalado: Yes, just one question of the Manager.
Chairman Plummer: I was scared of that.
Commissioner Regalado: Don, you have any plans in terms of the Empowerment Zone, any group that you
will be appointing, any actions? Because, I think, you know, as of now, we just provided the poor people
for this Empowerment Zone. So, what your ideas are.
Mr. Donald Warshaw (City Manager): Well, for starters, I intend to appoint, internally, basically an
Empowerment Zone Task Force of City employees, mid, upper level, employees at every level really, who
are going to be committed to work and have a direct and heavy involvement in the Empowerment Zone.
We'll be sending you, as Commissioner Gort requested, information on exactly what the Empowerment
Zone means to the City, what we need to do, and they'll be a lot of literature discussion about it in the
months to come.
Chairman Plummer: This is the board that's going to be making the decisions of who gets the money and
who doesn't?
Commissioner Sanchez: No.
Commissioner. Teele: That Board's already been appointed.
Chairman Plummer: How much representation do we have on that?
Commissioner Teele: J.L., you know, I tell you, I think we ought to suspend the discussions on the
Empowerment Zone now. Let's get the facts. This is a great day, a great moment, and really...
Chairman Plummer: OK.
Commissioner Teele: You know, we didn't do our homework, J.L. I mean, you know, it's no need in crying
over spilled milk. Now, we — you know, we had an opportunity to play in this game.
180 January 12, 1999
At
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75. DIRECT CITY MANAGER TO SCHEDULE TIME ON COMMISSION AGENDAS FOR
COMMISSION -RELATED ITEMS, AFTER 6 P.M.
Chairman Plummer: OK. Is there any other items to come before this? This meeting is adjourned until
January the 26th is our next Commission meeting. Wait a minute. Let me ask you a question, Mr. Teele?
Wait, wait: Come here. Mr. Teele, you spoke about the Mr. Manager. Mr. Teele, you spoke about the
possibility of establishing a Commission agenda. He says the agendas are yours. I would like consideration
be given that we have two hours on agenda for Commission items for every agenda, OK. You all agree?
Every Commission have two hours, subject of Commissioner ... this meeting is adjourned. You know. in the
future, every Commission meeting will have two hours set aside for the City Commission unto itself to do
what items we want to do. Remember, seven o'clock. No later than seven or before. I would suggest six
o'clock. Commission meeting stops as far as the Manager's agenda. We're going to do our own agenda for
two hours.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION_,
THE MEETING WAS ADJOURNED AT 5:53 P.M.
ATTEST. -
Walter J. Foeman .:
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
181 January 12, 1999