HomeMy WebLinkAboutCC 1999-01-26 MinutesCITY OF.-MIAMI
i
COMMISSION
MINUTES
OF MEETING HELD- ON JANUARY 26, 1999 (Regular Commission Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter I Foeman/Clty Clerk
INDEX
MINUTES OF REGULAR COMMISSION MEETING
January 26, 1999
ITEM NO. SUBJECT
LEGISLATION
PRESENTATIONS - SEE LABEL 3. CERTIFICATES OF 1/26/99
APPRECIATION. DISCUSSION
2
2. (A) DIRECT CITY MANAGER TO COORDINATE MORE I/26/99
POLICE PRESENCE IN PARKS TO DETER YOUTH DISCUSSION
GANGS 2-5
(B) DIRECT CITY MANAGER TO CLOSE GATES AT
PEACOCK PARK.
(C) DIRECT CITY MANAGER TO NOTIFY PUBLIC
ABOUT STATUS OF SECOND AVENUE BRIDGE
CLOSURE.
(D) BRIEF DISCUSSION IN CONNECTION WITH
CORRESPONDING STREET BOUNDARIES FOR OUT
SERVICE STREET LIGHTS.
3. PRESENTATIONS: CERTIFICATE OF APPRECIATION 1/26/99
TO POLICE BENEVOLENT ASSOCIATION FOR DISCUSSION
VALUABLE ASSISTANCE TO CITY DURING 6
THANKSGIVING CELEBRATION - SEE LABEL 1
4. EXPRESS CONDOLENCES TO FAMILIES OF ORLANDO 1/26/99
ACOSTA AND OF ANTONIO SABORIDO FOR THEIR R 99-53
.UNTIMELY PASSING. R 99-53.1
6-7
5. CONSENT AGENDA 1/26/99
(A) DEFER CONSIDERATION OF CONSENT AGENDA DISCUSSION
ITEM 3 (ACCEPT BID OF BANNERMAN LANDSCAPING) 8-9
TO LATER IN SESSION —SEE LABEL 50.
6Z 130 66
5.1
ACCEPT BID OF TEMPLE'S HEAVY HAULING, INC. -
1/26/09
FOR HAULING RUBBLE FROM DEPARTMENT OF
R 99-54.
PUBLIC WORKS' SOUTH FORK STORAGE YARD TO
9
LAWFUL DUMP SITES - FOR DEPARTMENT OF PUBLIC
WORKS - ALLOCATE $36,270 THEREFOR FROM
ACCOUNT CODE NO. 001000.310501.340.
5.2
ACCEPT BID OF REX-TONE, INC., D/B/A REX-TONE
1/26/99
PAINT & CHEMICAL - FOR PROCUREMENT OF PAINT
R 99-55
AND PAINT SUPPLIES - FOR USE IN CITY-WIDE
10
RESIDENTIAL PAINT PROGRAM - FOR THE OFFICE OF
NET - ALLOCATE $36,101 THEREFOR FROM ACCOUNT
CODE NO. 799209.4552149.6.940.
5.3
ACCEPT BID OF D.E. GIDI & ASSOCIATES - FOR
1/26/99
PROJECT ENTITLED "COCONUT GROVE MINI -PARK
R 99-56
SHELTER B-6310" - ALLOCATE $22,858 THEREFOR
10
FROM PROJECT NO.331382.
5.4
ACCEPT BID OF MEF CONSTRUCTION, INC., -- FOR
1/26/99
PROJECT ENTITLED "CITYWIDE SIDEWALK
R 99-57
REBUILDING (IMPACT FEE PROJECT ), B4588" --
11
ALLOCATE $156,200 THEREFOR FROM PROJECT NOS.
341135 FOR BID "A" (DOWNTOWN), 341195 FOR BID "B"
(EDISON), 341198 FOR BID "C" (LITTLE HAVANA),
341199 FOR BID "D" (FLAGAMI), AND 341200 FOR BID
"E: (ALLAPATTAH).
5.5
ACCEPT BID OF ELECTRICAL CONTRACTING
1/26/99
SERVICE, INC., -- FOR REPAIR AND REPLACEMENT OF
R 99-58
LIGHT POLES - FOR DEPARTMENT OF POLICE, --
11
ALLOCATE $20,430 THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT, ACCOUNT CODE NO.
312015.299401.6.830.
5.6
AUTHORIZE PURCHASE OF 1,400, 1999 FLORIDA LAW
1/26/99
ENFORCEMENT HANDBOOKS - CITY OF MIAMI
R 99-59
EDITION, FROM THE MIAMI-DADE POLICE
12
DEPARTMENT - AT TOTAL COST OF $9,800 - FOR
DEPARTMENT OF POLICE - ALLOCATE FUNDS
THEREFOR FROM POLICE DEPARTMENT GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.760.
5.7 AUTHORIZE FUNDING OF YOUTH OF AMERICA, INC., 1/26/99
IN AMOUNT NOT TO EXCEED $35,000 - FROM THE R 99-60
LAW ENFORCEMENT TRUST FUND, PROJECT 12
NUMBERS 690001, 690002 AND 690003.
5.8 AUTHORIZE FUNDING OF LIBERTY CITY OPTIMIST 1/26/99
CLUB OF FLORIDA, INC. - ALLOCATE FUNDS NOT TO R 99-61
EXCEED $5,000, FROM THE LAW ENFORCEMENT 13
TRUST FUND, PROJECT NUMBERS 690001, 690002, AND
690003.
-5.9 AUTHORIZE FUNDING OF THE MIAMI MUSEUM OF 1/26/99
SCIENCE "YOUTH ALIVE! MIAMI" SUMMER R 99-62
OUTREACH PROGRAM -- ALLOCATE FUNDS NOT TO 13
EXCEED $20,000 FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NOS. .690001, 690002 AND
690003.
5.10 ACCEPT DONATION FROM MOLINA TOWING OF 1983 1/26/99
OLDSMOBILE AUTOMOBILE - FOR USE BY EAST R 99-63
LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT 14
TEAM ("NET") SERVICE CENTER.
5.11 AUTHORIZE CITY MANAGER TO EXECUTE 1/26/99
PROFESSIONALS SERVICES AGREEMENT - FOR R 99-64
PROVISION OF VICTIM ADVOCATE SERVICES - FOR 14
DEPARTMENT OF POLICE - ALLOCATE FUNDS NOT
TO EXCEED $35,000, FROM THE VICTIMS OF CRIME
ACT FUND, ACCOUNT CODE NO. 142011.290498.6.270.
6. PERSONAL APPEARANCES.
7. APPROVE EMERGENCY ORDINANCE AMENDING
ORDINANCE NO. 11659, WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATIONS - FOR NEW
SPECIAL REVENUE FUNDS ENTITLED: "EAST LITTLE
HAVANA MINORITY YOUTH DIVERSION PROGRAM" -
INCREASE GRANT APPROPRIATIONS FOR SAID FUND
BY $70,000.
1/26/99
R 99-65
14-16
1/26/99
ORDINANCE 11751
17-18
8. AUTHORIZE $16,000 - INCREASE - IN ANNUAL 1/26/99
CONTRACT WITH DATA STORAGE CENTERS - FOR R 99-66
PROVISION OF COMMERCIAL RECORDS 18-19
MANAGEMENT AND STORAGE FACILITY FOR
VARIOUS CITY DEPARTMENTS - ALLOCATE FUNDS
THEREFOR FROM DEPARTMENT OF BUILDING R
ZONING ACCOUNT CODE NO. 421001.560402.620
($6,000) AND CITY ATTORNEY'S OFFICE ACCOUNT
CODE NO. 230101.250 ($10,000).
9. APPROVE IN PRINCIPLE NEGOTIATED SETTLEMENT 1/26/99
BETWEEN CITY OF MIAMI AND PAN AM AIR BRIDGE R 99-67
(THE PREDECESSOR IN INTEREST TO CHALK'S 20-31
INTERNATIONAL AIRLINES) -- IN CONNECTION WITH
REDEVELOPMENT OF THE WATSON ISLAND AIR
TERMINAL FACILITY - DIRECT CITY MANAGER AND
CITY ATTORNEY TO REVIEW DOCUMENTS IN
CONNECTION WITH PROPOSED OPERATOR - DIRECT
CITY ATTORNEY TO REQUEST ATTORNEY GENERAL
OPINION IN CONNECTION WITH ADVERSE
POSSESSION OF PUBLICLY OWNED LAND.
10. DISCUSS / REFER AGENDA ITEM 8 (ESTABLISHING 1/26/99
SIXTY-FOUR (64) HOURS. PER PAY PERIOD AS FULL R 99-68
TIME EMPLOYMENT FOR PURPOSES OF COMPUTING 32-35
HEALTH, SOCIAL SECURITY AND EMPLOYEE
BENEFITS FOR COMMISSIONERS' STAFF) TO CITY
MANAGER TO DETERMINE FINANCIAL IMPACT OF
- - PROPOSAL -- FURTHER INSTRUCTING MANAGER TO _
RETURN TO CITY COMMISSION IN 90 DAYS WITH
RECOMMENDATIONS -- PERSONAL APPEARANCE:
CHARLIE COX TO DISCUSS SERVICE OF LONG-TERM
.TEMPORARY EMPLOYEES.
11. APPROVE URGING CODE ENFORCEMENT BOARD TO 1/26/99
IMPOSE ADMINISTRATION AND PROCESSING FEES R 99-69
AGAINST THOSE PERSONS OR ENTITIES FOUND 35-38
GUILTY OF VIOLATING THE CODE.
12. AUTHORIZE CITY MANAGER TO ENTER INTO 1/26/99
COLLECTIVE BARGAINING AGREEMENT BETWEEN R 99-70
CITY OF MIAMI AND FRATERNAL ORDER OF POLICE, 38-45
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 2 - FOR
PERIOD OF OCTOBER 1, 1998 THROUGH SEPTEMBER
30, 2001 - PERSONAL APPEARANCE: SUE WELLER TO
PRESENT HISTORY OF UNIONS' FINANCIAL
CONCESSION DURING CITY'S FINANCIAL CRISIS --
DIRECT CITY MANAGER TO REVIEW WORKER'S
COMPENSATION SYSTEM TO CURTAIL ITS ABUSE.
13. AUTHORIZE CITY MANAGER TO ENTER INTO 1/26/99
COLLECTIVE BARGAINING AGREEMENT BETWEEN R 99-71
CITY OF MIAMI AND INTERNATIONAL ASSOCIATION 4546
OF FIREFIGHTERS. AFL-CIO, LOCAL 587 - FOR PERIOD
OF OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2001.
14. APPROVE EMERGENCY ORDINANCE AMENDING
SECTIONS 40-191, 40-196, 40-202, 40-203, AND 40-205 OF
CODE - BY PROVIDING FOR INCREASED PENSION
MULTIPLIER - A RULE OF 64 RETIREMENT A CAP
FOR RETIREMENT ALLOWANCES -- A DEFERRED
RETIREMENT OPTION PROGRAM (DROP) - A
REDUCED EMPLOYEE CONTRIBUTION -- THE
ESTABLISHMENT OF INDIVIDUAL CONTRIBUTION
ACCOUNTS - REMOVAL OF INVESTMENT
RESTRICTIONS TO THE EXTENT PERMISSIBLE BY
LAW - RELEASING THE CITY OF MIAMI FROM THE
OBLIGATION OF INVESTMENT EXPENSES.
15.
16.
17.
18.
19.
20.
2.1.
22.
1/26/99
ORDINANCE 11752
46-47
DISCUSS / REFER TO CITY MANAGER FOR -1/26/99
EVALUATION RENEGOTIATING OF LEASE WITH DISCUSSION
COCONUT GROVE SAILING CLUB. 48
DEFER APPOINTMENTS TO HEALTH FACILITY 1/26/99
AUTHORITY. DISCUSSION
48-49
APPOINT RAY MARTINEZ TO HISTORIC AND 1/26/99
ENVIRONMENTAL PRESERVATION BOARD. R 99-72
49-51
APPOINT ELVIRA DAGO TO LATIN QUARTER REVIEW 1/26/99
BOARD. R 99-73
51-52
APPOINT NAMES PROFFERED TO COMMISSION ON 1126/99
STATUS OF WOMEN. R 99-74
52-54
APPOINT RICHARD BUNNELL TO WATERFRONT 1/26/99
ADVISORY BOARD. R 99-75
54-55
APPOINT AGUSTIN DOMINGUEZ TO CITY OF MIAMI 1/26/99
AFFORDABLE HOUSING ADVISORY COMMITTEE. R 99-76
55-56
APPOINT THORN GRAFTON / JUAN ZUBILLAGA / 1/26/99
ROBERT CHISHOLM TO URBAN DEVELOPMENT - R 99-77
REVIEW BOARD. 56-58
23. APPOINT DORIS SCHEER / STEVE POLAKOFF / JAMES 1/26/99
CHIPMAN BLACK / JOSE ARNAEZ / FRANK LENGYEL R 99-78
TO PLANNING ADVISORY BOARD - FURTHER 58-62
ADVISING CITY CLERK TO READVERTISE.
24. APPOINT HUMBERTO PELLON / CHARLES FLOWERS / 1/26/99
GLORIA BASILA / FIDET. PEREZ / JUVENAL PINA TO R 99-79
ZONING BOARD - FURTHER ADVISING CITY CLERK 62-64
TO READVERTISE.
25. DEFER APPOINTMENTS TO INDEPENDENT 1/26/99
COMMUNITY REDEVELOPMENT AGENCY AND U.S. DISCUSSION
HOUSING AND URBAN DEVELOPMENT FUNDING 64
POLICY PROGRAM AND PROCEDURES REVIEW
COMMITTEE (INDEPENDENT REVIEW COMMITTEE) -
DIRECT CITY ATTORNEY TO CLARIFY DATA AND
MEET WITH COMMISSIONER TEELE BEFORE
RESCHEDULING ON COMMISSION AGENDA.
26. APPOINT BARBARA LANGE TO COCONUT GROVE 1/26/99
PARKING ADVISORY COMMITTEE. R 99-80
64-65
27. A. DIRECT ADMINISTRATION TO MEET WITH DR. 1/26/99
LAURINUS PIERRE IN CONNECTION WITH CENTER DISCUSSION
FOR HAITIAN STUDIES BUILDING LOCATED AT 8260 66
N.W. 2"D AVENUE.
28. (A) DIRECT CITY MANAGER TO INSTRUCT 2/26/99
ADMINISTRATION TO MEET WITH MS. NAJIY IN DISCUSSION
CONNECTION WITH SUPER SUDS LAUNDROMAT'S 66-68
ROOF REPAIRS IN OVERTOWN SHOPPING CENTER.
(B) DIRECT CITY ATTORNEY TO INCLUDE REVERTER
CLAUSE IN ALL FUTURE LEASE AGREEMENTS IN
CASE LESSEES DEFAULT.
29. DIRECT CITY ATTORNEY.TO PROVIDE COMMISSION 1/26/99
WITH UPDATE ON STATUS OF WYNWOOD FREE DISCUSSION
TRADE ZONE FORECLOSURE. 68
30. (A) APPROVE WAIVING PERMIT FEES REQUIREMENT 1/26/99
IN CONNECTION WITH JOSE MARTI PARADE. I R 99-81-
(B) DIRECT CITY MANAGER TO PROVIDE POLICY FOR M 99-82
WAIVING FEES ASSOCIATED WITH PARADES AND 68-71
FESTIVALS - FURTHER SUGGESTING POLICY BE PART
OF ANNUAL BUDGET - FURTHER STIPULATING THAT
POLICY DEVIATION SHOULD BE BY ORDINANCE
WITH UNANIMOUS CONSENT - ALSO STIPULATING
EQUAL SHARING OF ALLOCATIONS FOR ONE EVENT
PER DISTRICT.
31. APPROVE SIX MONTHS EXTENSION - FOR EAST 1/26/99
LITTLE HAVANA COMMUNITY DEVELOPMENT R 99-83
CORPORATION TO COMMENCE CONSTRUCTION OF 72
LATIN QUARTER SPECIALTY CENTER LOCATED AT
1435 S.W. 8TH STREET.
32• DIRECT CITY MANAGER TO EVALUATE SPACE 1/26/99
AVAILABILITY FOR POLICE BENEVOLENT DISCUSSION
ASSOCIATION IN OVERTOWN SHOPPING CENTER 73
LOCATED AT 1490 NORTHWEST 3 AVENUE.
33. ADVERTISE NUMEROUS EVENTS AT BAYFRONT 1/26/99
PARK TO COMMEMORATE SUPER BOWL XXXIII, DISCUSSION
SCHEDULED FOR JANUARY 31, 1999. 73
34. DIRECT CITY MANAGER TO INSTRUCT 1/26/99
ADMINISTRATION -TO CONTINUE GRANTMANSHIP DISCUSSION
INITIATIVES AT LEGION PARK, 74
35. DISCUSS / DIRECT CITY MANAGER TO RECOMMEND 1/26/99
CITY'S ALTERNATIVES IN CONNECTION WITH DISCUSSION
ARCHEOLOGICAL FINDINGS AT 401 BRICKELL 74-75
AVENUE (A.K.A. MIAMI CIRCLE) - FURTHER
REQUESTING SUPPORTIVE DOCUMENTATION BE
PROVIDED TO COMMISSION FIVE DAYS PRIOR TO
COMMISSION MEETING OF FEBRUARY 9, 1999.
36. (A) BRIEF DISCUSSION REGARDING TELEPHONE
NUMBER ON CABLE NET 9 FOR RESIDENTS TO
REPORT OUT OF SERVICE STREET LIGHTS.
(B) BRIEF DISCUSSION IN CONNECTION WITH
REQUEST TO CLEAN STREET AND REDUCE NOISE
ALONG WEST FLAGLER STREET.
(C) DIRECT ADMINISTRATION TO PROVIDE STATUS
REPORT ON LA RUMBA BOAT COURT CASE.
(D) INQUIRY AS TO WHEN SUPPLEMENTAL WASTE
FEE ISSUE' WILL BE ON COMMISSION MEETING
AGENDA.
(E) DIRECT CITY MANAGER TO SCHEDULE WASTE
HAULERS (FRANCHISE) ISSUE FOR COMMISSION
MEETING OF FEBRUARY 23, 1999.
(F) DIRECT . ADMINISTRATION TO PROVIDE
COMMISSIONERS WITH STATUS UPDATE ON
APPROVAL OF PROPOSED LEASE FOR GROVE
HARBOUR MARINA AND CARIBBEAN MARKETPLACE,
LLC (FORMERLY KNOWN AS MERRILL STEVENS,
A.K.A. DINNER KEY BOATYARD), PRIOR TO
FEBRUARY 9, 1999.
(G) DIRECT CITY ATTORNEY TO PROVIDE
COMMISSIONERS WITH RESPONSE OUTLINING
POSTURE OF BEDMINISTER LAWSUIT AND
PROJECTED LITIGATION COST.
(H) DIRECT - CITY MANAGER TO INSTRUCT
ADMINISTRATION TO ASSIST MERCHANTS ON
SOUTHWEST 8 STREET IN LITTLE HAVANA IN ORDER
TO ADDRESS ISSUE OF CODE ENFORCEMENT OF
COMMERCIAL SIGNS VIOLATIONS WHERE ROAD
CONSTRUCTION HAS INTERFERED WITH BUSINESSES.
37. APPROVE SPECIAL EXCEPTION REQUIRING - CITY
COMMISSION APPROVAL, AS LISTED IN ORDINANCE
NO. 11000, ARTICLE 9, SECTION 9312, REQUIREMENTS
FOR RESERVOIR SPACES TO ALLOW DRIVE THRU
FACILITY FOR PROPOSED RESTAURANT WITH SIX (6)
SPACES - LOCATION 3535 CORAL WAY - APPLICANT:
CORAL WAY ASSOCIATES, LTD.
38. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2
(AMENDING ZONING ARTICLE ix, SECTION 934.3,
CERTIFICATE OF USE - TO ALLOW FOR CHANGE OF
OWNERSHIP - FOR SHELTER ONE, INC., A
COMMUNITY BASED RESIDENTIAL FACILITY -
LOCATION: 189 NORTHEAST 26T" STREET) TO
COMMISSION MEETING OF FEBRUARY 23, 1999..
1 /26/99
DISCUSSION
75-82
1 /26/99
R 99-84
82-83
1 /26/99
M 99-85
84-87
n
39. APPROVE FIRST READING ORDINANCE AMENDING 1/26/99
ORDINANCE NO. 10544 BY AMENDING FUTURE LAND FIRST READING
USE MAP, BY CHANGING THE LAND USE ORDINANCE
DESIGNATION FOR PROPERTY LOCATED AT 87-89
APPROXIMATELY 600 NORTHWEST 17TH AVENUE)
FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED
COMMERCIAL." -APPLICANT: ELADIO GODOY.
40. APPROVE FIRST READING ORDINANCE - CHANGE 1/26/99
ZONING AS LISTED IN ORDINANCE NO. 11000, FIRST READING
ARTICLE 4, SECTION- 401, SCHEDULE OF DISTRICT ORDINANCE
REGULATIONS, BY AMENDING THE ZONING ATLAS 89-90
BY CHANGING THE ZONING DESIGNATION FOR
PROPERTY LOCATED AT APPROXIMATELY 600
NORTHWEST 17TH AVENUE (A.K.A. 601 NORTHWEST
17TH AVENUE) FROM R-2 TWO-FAMILY RESIDENTIAL
TO CA RESTRICTED COMMERCIAL - APPLICANT:
ELADIO GODOY.
41. CONTINUE CONSIDERATION OF AGENDA ITEMS PZ-5 1/26/99
(PROPOSED FIRST READING ORDINANCE TO AMEND M 99-86
ORDINANCE 10544 BY CHANGING LAND USE 90-96
DESIGNATION FOR PROPERTIES AT 3680 NORTHWEST
II' STREET AND 1021 NORTHWEST 37TH AVENUE
FROM MEDIUM DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL - AND AGENDA ITEM PZ-6
(PROPOSED FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE 11000 FOR PROPERTIES
LOCATED AT 3680 NORTH-WEST IITH STREET AND
1021 NORTHWEST 37TH AVENUE FROM R-3
MULTIFAMILY TO C-1 RESTRICTED COMMERCIAL TO
COMMISSION MEETING OF FEBRUARY 23, 1999 -
FURTHER DIRECT ADMINISTRATION TO PROPOSE
BUFFER TO PROTECT RESIDENTIAL AREA - ALSO
REQUESTING THAT NET ADMINISTRATOR FOR WEST
LITTLE HAVANA BE PRESENT ON FEBRUARY 23, 1999.
42. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-7 1/26/99
(PROPOSED SECOND READING ORDINANCE' TO M 99-87
CHANGE LAND USE DESIGNATION FOR PROPERTY AT 97-98
1975 NORTHWEST 12TH AVENUE TO GENERAL
COMMERCIAL) - AND PZ-8 (PROPOSED SECOND
READING ORDINANCE TO AMEND ZONING
ORDINANCE 11000 TO CHANGE DESIGNATION FOR
PROPERTY AT 1975 NORTHWEST 12TH AVENUE TO C-2
LIBERAL COMMERCIAL) TO COMMISSION MEETING
OF FEBRUARY 23, 1999.
43. APPROVE FIRST READING ORDINANCE AMENDING
1/26/99
ORDINANCE 10544 - AMEND FUTURE LAND USE MAP -
FIRST READING
CHANGE LAND USE DESIGNATION FOR PROPERTIES
ORDINANCE
AT 1401 AND 1441 NORTH MIAMI AVENUE TO
98-100
GENERAL COMMERCIAL - APPLICANT: PLANNING
DEPARTMENT.
44. APPROVE WITH MODIFICATIONS FIRST READING
1/26/99
ORDINANCE TO CHANGE ORDINANCE 11000, ARTICLE
FIRST READING
4, SECTION 401 - AMEND ZONING ATLAS - CHANGE
ORDINANCE
ZONING DESIGNATION FOR PROPERTIES AT 1401 AND
100-103
1441 NORTH MIAMI AVENUE TO C-2 LIBERAL
_
COMMERCIAL - APPLICANT: PLANNING
DEPARTMENT - DIRECT CITY MANAGER TO HOLD
SALE OF CITY OWNED PROPERTIES AT 1401 AND 1441
NORTH MIAMI AVENUE PENDING STUDY.
45. APPROVE FIRST READING ORDINANCE AMENDING
1/26/99
ARTICLE 4, SECTION 401, OF ZONING ORDINANCE
FIRST READING
11000 TO ALLOW SALES OF FRESH FLOWERS FROM
ORDINANCE
MOBILE VENDING CARTS IN OPEN AREAS _
104-112
APPLICANT: PLANNING DEPARTMENT - DIRECT CITY
MANAGER TO RETURN WITH ALTERNATIVES PRIOR
TO SECOND READING OF ITEM.
46. APPROVE VENETIAN CAUSEWAY MASTER PLAN 1/26/99
PROJECT - DIRECT ADMINISTRATION TO PROVIDE R 99-88
CITY COMMISSION WITH MONTHLY STATUS 112-117
REPORTS ON -PROGRESS AND COST OF VENETIAN
MASTER PLAN PROJECT.
47. FIRST READING ORDINANCE AMENDING SECTION 62-
93(d) OF CODE ENTITLED QUORUM PUBLIC RECORDS
CONCERNING CITY ZONING BOARD - REMOVE
SHORTBOARD LANGUAGE - AMEND QUORUM
REQUIREMENTS - APPLICANT; PLANNING
DEPARTMENT.
48. APPROVE FIRST READING ORDINANCE AMENDING
ARTICLE 6, SECTION 609 OF ORDINANCE 11000 -
PERMIT OUTDOOR PHOTOGRAPHY AS CONDITIONAL
ACCESSORY USE IN BISCAYNE BOULEVARD
BISCAYNE OVERLAY DISTRICT - COMMENTS IN
CONNECTION TO HOW OFTEN RESIDENTIAL
PROPERTIES MAY BE USED FOR FILMING - FURTHER
INSTRUCT ADMINISTRATION TO MAKE ISSUANCE OF
PERMITS TO FILM INDUSTRY AND OMNIBUS
AFFIRMATIVE PROCESS.
1/26/99
FIRST READING
ORDINANCE
117-118
1/26/99
FIRST READING
ORDINANCE
118-124
49. COMMENTS REGARDING NEED TO EVALUATE 1/26/99
DISTRICT REGULATIONS ENFORCEMENT FOR LATIN DISCUSSION
QUARTER. 124
50. ACCEPT BID: BANNERMAN LANDSCAPING, INC. -FOR 1/26/99
US 1 MEDIANS LANDSCAPE MAINTENANCE R 99-89
CONTRACT - 1999, B-6311 - ALLOCATE $65,000 FROM 125-126
ACCOUNT 3150501-340 - SEE LABEL 5.
51. DISCUSS REPAIRS FOR CENTER FOR HAITIAN 1/26/99
STUDIES BUILDING LOCATED AT 8260 NORTHWEST DISCUSSION
2' AVENUE - RETURN TO CITY COMMISSION ON 126-129
FEBRUARY 9, 1999 WITH RECOMMENDATIONS -
FURTHER INSTRUCTING CITY MANAGER TO
DISCONTINUE PRACTICE OF TELLING APPLICANTS
TO COMPETE FOR UNEXPENDED COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS - ALSO
DISCUSSING CONCERN THAT UNEXPENDED CDBG
FUNDS BE USED FOR INFRASTRUCTURE PROJECTS.
52. BRIEF COMMENTS REGARDING MORATORIUM 1/26/99
BUILDING CONSTRUCTION IN CITY OF MIAMI BEACH. DISCUSSION
129
53. DIRECT CITY MANAGER TO ADVISE RESIDENTS OF
NEW RULES CONCERNING BAGGING AND
PLACEMENT OF TRASH - FURTHER REQUESTING
MANAGER TO ALLOW SOME TIME FOR RESIDENTS
TO ADAPT TO RULES PRIOR TO ISSUING CITATIONS -
FURTHER REQUESTING MANAGER TO ADVERTISE
THROUGH CABLE NET 9 WAYS IN WHICH RESIDENTS
CAN PAY PROPERTY TAXES IN INSTALLMENTS.
54. CONTINUE DISCUSSION IN CONNECTION WITH
ARCHEOLOGICAL FINDINGS AT 401 BRICKELL (A.K.A.
MIAMI CIRCLE) - REQUEST CITY MANAGER TO
INVITE FLORIDA SECRETARY OF STATE TO ADDRESS
MIAMI CIRCLE ISSUE AT CITY COMMISSION MEETING
OF FEBRUARY 9, 1999 - FURTHER DISCUSSING
WHETHER TO CALL SPECIAL COMMISSION MEETING
PRIOR TO FEBRUARY 9, 1999 - SEE LABEL 35.
1/26/99
DISCUSSION
130-133
1/26/99
DISCUSSION
134-140
55. DISCUSS NEED TO CHANGE FLORIDA LAW IN 1/26/99
CONNECTION WITH FORFEITURE OF VEHICLES OF DISCUSSION
DRUNK DRIVERS. 140-142
56. DRUG SALE - SAME PERSON ARRESTED TWICE, SAME 1/26/99
DAY, SAME PLACE. DISCUSSION
142-143
57. DIRECT CITY MANAGER TO REVIEW TRANSFER OF 1/26/99
MUNICIPAL SERVICES AGREEMENT WITH MIAMI- DISCUSSION
DADE COUNTY - FURTHER DIRECTING CITY 143-144
ATTORNEY TO REVIEW COST OF WATER
CONSUMPTION THROUGHOUT MIAMI-DADE COUNTY
TO DETERMINE IF WATER AND SEWER IS
OVERCHARGING MIAMI RESIDENTS AS WELL AS
ALLOCATIONS OF SUCH PAYMENTS.
58. DIRECT CITY MANAGER TO PROVIDE LOCATIONS 1/26/99
FOR CITY'S RELIEF EFFORT TO ASSIST VICTIMS OF DISCUSSION
RECENT EARTHQUAKE IN COLUMBIA. 144-145
MINUTE OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
.On the 26t' 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 9:40 a.m., by the Presiding Officer/Commissioner J. L.
Plummer, Jr. (hereinafter referred to as 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)
ABSENT:
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. ( District 5)
ALSO PRESENT:
Donald Warshaw, City Manager -_ . -
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
PRIOR TO OFFICIALLY COMMENCING AT 9:40 A.M., PRESENTATIONS.
PRESENT:
Commissioner J. L. Plummer, Jr.
Commissioner Joe Sanchez
Commissioner Wifredo Gort
January 26, 1999
0
1. PRESENTATIONS - SEE LABEL 3. CERTIFICATES OF APPRECIATION.
NOTE FOR THE RECORD: Items 5, 6, 13, 15, 16, PZ-14 and PZ-15 were withdrawn.
Chairman Plummer: All right, Mr. Manager, Item six has been withdrawn, Item fifteen and Item sixteen.
If anyone is here on anyone of those... I am sorry. Six, thirteen, fifteen, and sixteen. if anyone is here on
anyone of those items, and I am also informed PZ-fourteen and fifteen... are withdrawn or continued?
Mr. Donald H. Warshaw (City Manager): Withdrawn.
Chairman Plummer: OK.
Mr. Alejandro Vilarello (City Attorney): Commissioner.
Chairman Plummer: Mr. City Attorney. We are not in special session now.
Mr. Vilarello: All right.
Chairman Plummer: I am just in announcements. Go ahead, sir.
Mr. Vilarello: I am going to request a deferral of Item 5 with regard to TCI (Miami -Telecommunications
Incorporation) to the next meeting.
Chairman Plummer: Regular Item five. All right, you are going to request that one.
Vice Chairman Gort: Mr. Chairman.
Chairman Plummer: Hold on. Let's try to get here where we are. All right, so withdraw Item five or
defer.
Mr. Vilarello: Defer.
Chairman Plummer: OK, Item six has already been withdrawn prior to the publication. Item thirteen has
already been withdrawn. Item fifteen and sixteen had already been withdrawn. PZ-fourteen and fifteen
has been withdrawn.
2 January 26, 1999
2. (A) DIRECT CITY MANAGER TO COORDINATE MORE POLICE PRESENCE IN PARKS TO
DETER YOUTH GANGS.
(B). DIRECT CITY MANAGER TO CLOSE GATES AT PEACOCK PARK.
(C). DIRECT CITY MANAGER TO NOTIFY PUBLIC ABOUT STATUS OF SECOND AVENUE
BRIDGE CLOSURE.
(D). BRIEF DISCUSSION -IN CONNECTION WITH CORRESPONDING STREET BOUNDARIES
FOR OUT SERVICE STREET LIGHTS.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Mr. Manager, I have been going around to a lot of our parks and although crime is
down, and we have got all good statistics. One of the biggest problems that we have with our parks is our
parks individuals have to deal with a lot of young... gangs using our parks after hours after being closed to
hang out and do whatever vandalism they want, the can and so on. Particularly, we had some in Comstock
Park and some in Curtis Park, Antonio Maseo Park and most of all of our parks after being closed are
being used by those juveniles. And, I think somehow if we can get our police officers to do their written
reports and park right next to them that will be very helpful. Because of the things that happened, for
example, Curtis Park. We have a new tract that we spent quite a few million dollars in it. It's a beautiful
facility, yet we have people going in there on bicycles, on motorcycles, and our park attendants cannot do
anything. And, when they call the police and it takes forever. We had one incident where a weapon was
found, it was reported to the police and it took four days for someone to pick up the weapon. I understand
there was a shooting about two weeks ago in that same park. So, I would like somehow if we can
coordinate some kind of event. I know the police are doing a great work and we have been able to bring
crime down, and I understand the juvenile system it's... sometimes it's kind of... especially if it's
fourteen, fifteen, sixteen year old kids. But, we need to do something because I am getting a lot of
complaints from the neighbors.
Mr. Donald H. Warshaw (City Manager): OK, we will come up with a plan.
Vice Chairman Gort: Thank you, sir.
Chairman Plummer: Mr. Manager, and Mr. Ruder. You know, I have been after you to try and close the
gate at Peacock Park. I beg you to go down and look what has happened this last weekend in Myers Parks
and in Peacock Park where all of the trucks have just torn that turf up. Even the baseball diamond, 1 think
has been affected. It rained and the trucks, the heavy trucks went through there. Mr. Manager, parks are
not for parking. And, I am telling you that gate needs to be locked.
Mr. Alberto Ruder (Director of Parks & Recreation): We have recently changed the locks and we, the two
groups that you asked us to provide keys to, we have talked to them one more time. And, I think from
now on it's going to be resolved.
Chairman Plummer: Well, I think what you need to do, you need to take whenever you have an event
down there, I think you need to take a deposit for any damage that is done to the park. In Bayfront Park,
let me tell you what we do. We video the grounds that are going to be used as proof that they are in good
standing, and afterwards we video again, and a determination is made and the amount of money is taken
from the deposit to resod or whatever is necessary. And, I think you need to start doingthat for sure on all
of your parks where there is the potential for damage.
January 26, 1999
Mr. Ruder: Well, specifically for Coconut Grove, the Special Event Committee inspects the park with us
and the promoter before the event, and then inspects it after the event, and any damage is taken care of by
the promoter and that's what going to happen at Peacock Park.
Chairman Plummer: Mr. Ruder, this morning, you have got three eighteen wheelers in Myers Park setup
for some event, I assume to do a Super Bowl. Go look at it.
Mr. Ruder: OK.
Chairman Plummer: OK. All right, ladies and gentlemen that concludes our ceremonial items. We will
now be waiting for ten o'clock which is the start of our regular City Commission meeting.
Vice Chairman Gort: I have another question.
Chairman Plummer: Commissioner Gort.
Vice Chairman Gort: The second Avenue Bridge is that already closed for repair?
Chairman Plummer: Yeah. It's...
Unidentified Speaker: No.
Mr. Warshaw: No, that's...
Vice Chairman Gort: Why is it closed?
Mr. Warshaw: No, that's not the beginning of the major renovations.
Vice Chairman Gort: -Why is it closed?
Mr. Jim Kay (Director of Public Works): They are doing some repair work there, just... It's temporary.
Vice Chairman Gort: But it's been closed for four or five days now.
Chairman Plummer: Yeah.
Vice Chairman Gort: For a whole week.
Mr. Kay: I realize that.
Vice Chairman Gort: And, I have got calls from -people within that area where their business have
dropped by twenty to thirty percent.
Chairman Plummer: It's just chaos.
Vice Chairman Gort: And, for you people who work at the City it makes it very difficult -to come across
unless you really know your expressways. Do you have any estimated time how long...
Mr. Kay: It another... I think it's another, at least another week. I think this is what they gave me.
4 January 26, 1999
Vice Chairman Gort: If we can send some notice, I would appreciate it because the feedback that 1 got
from some of the people complaining is, it was only because they were filming a movie.
Mr. Warshaw: No.
Vice Chairman Gort: I said I doubt it that that's the reason why they were doing it. OK.
Chairman Plummer: Mister... Don't walk away.
Mr. Kay: Yes, sir.
Chairman Plummer: Mr. Manager. This is the third request of the boundaries that I gave you for street
lighting. The first boundaries that has been twice addressed last night. I am speaking from 32"d Avenue
west Dixie to Franklin. There are seven lights out, out of the nineteen still out, four encompassed in trees.
The area from thirty-two to 27"' Avenue, there are seven street lights out and four encompassed. The two
on Grand Avenue in front of the Mayfair I brought to your attention are still out. And, the one on the
corner of Nacautee and Halissee which is next door to my house has been out for a month.
Mr. Kay: OK.
Chairman Plummer: OK. I mean, I don't know... You know they keep... Florida Power and Light keeps
telling me they have a special company. Now, we are obviously talking to the wrong people.
Mr. Kay: We have been riding... Our own people have been riding with Florida Power and Light during
the evenings.
Chairman Plummer: There were seven out last night west of 32"d Avenue.
Mr. Kay: We will work them additional... more on this.
Chairman Plummer: All right. You have your thing prepared?
Commissioner Sanchez: Mr. Chairman, if I could have a few more minutes? -
Chairman Plummer: Sure. We are paying for them whether they work or not.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:54 A.M., AND
RECONVENED AT 10:00 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING
COMMISSIONER TEELE, FOUND TO BE PRESENT.
5 January 26, 1999
3. PRESENTATIONS: CERTIFICATE OF APPRECIATION TO POLICE BENEVOLENT
ASSOCIATION FOR VALUABLE ASSISTANCE TO CITY DURING THANKSGIVING
CELEBRATION - SEE LABEL 1.
Chairman Plummer: Mr. Sanchez.
Chairman Plummer: When you are ready I could proceed with the certificate of appreciation to the Dade
County PBA.
At 10:64 a.m., an invocation was delivered by Dena Bianchino, after which Mayor Carollo then
led those present in a pledge of allegiance to the flag.
Chairman Plummer: I got to tell you, if we had prayers like that, there would be a lot of pastors out of
work.
4. EXPRESS CONDOLENCES TO FAMILIES OF ORLANDO ACOSTA AND OF ANTONIO
SABORIDO FOR THEIR UNTIMELY PASSING.
Chairman Plummer: Did you see who died? Tony Saborido
Vice Chairman Gort: When?
Chairman Plummer: Obviously, yesterday. Because he was only fifty what? Fifty-six. Mr. Mayor, I
think that it would be only appropriate that we spread upon the minutes that two very dear friends of this
Commission and of all of us who have passed away during this past week should be recognized and spread
across the minutes. Bebo Acosta was a member of the Bay of Pigs, a fine member of this community and
passed away and his funeral was yesterday. In this morning's paper to my surprise is Tony Sabrino, and
Tony Sabrino who we all...
Ms. Dena Bianchino ( Assistant City Manager/Planning & Development): Saborido.
Chairman Plummer: Eh?
Vice Chairman Gort: Saborido.
Chairman Plummer: All right, you pronounce it in Spanish and I'll do it in English. But, we were very
surprised when his wife passed away about a year or' two ago. He was the flower man and we always
called him the sombrero that he had that big hat that he always wore. And, I was very, very shocked to see
that as young as he was, not knowing what happened but to see that his funeral was this morning which
we could not attend. So, I would make a motion. at this time that the two names mentioned that we do
spread it upon the minutes and ask the Clerk to forward to the families the appropriate resolutions of this
Commission expressing our condolences and I so move.
Commissioner Sanchez: So second.
Mayor Carollo: It's been moved, seconded. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
January 26, 1999
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-53
A RESOLUTION OF THE MIAMI CITY COMMISSION
EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF
THE CITY OF MIAMI AND ITS CITIZENS TO -THE FAMILY AND
FRIENDS OF ORLANDO ACOSTA, UPON 'HIS UNTIMELY
DEATH.
RESOLUTION NO. 99-53.1
A RESOLUTION OF THE MIAMI CITY COMMISSION
EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF
THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF ANTONIO SABORIDO DOMINGUEZ, UPON HIS
UNTIMELY DEATH.
(Here follows bodies of resolutions omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolutions were passed and
adopted 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.
Mayor Carollo:- We are on the regular Commission Agenda. A-1.
- Chairman Plummer: Mr. Mayor, Mr. Mayor.
Mayor Carollo: Yes.
Chairman Plummer: Starting off, there is to be an announcement that there was no vetoed legislation from
the last Commission meeting.
Mayor Carollo: Thank you, Mr. Chairman, that's exactly what I was going to be saying. I appreciate it.
Chairman Plummer: Are there any minutes? I didn't even look.
7 January 26, 1999
5. CONSENT AGENDA
(A). DEFER CONSIDERATION OF CONSENT AGENDA ITEM 3 (ACCEPT BID OF
BANNERMAN LANDSCAPING) TO LATER IN SESSION —SEE LABEL 50.
Mayor Carollo: Now, we are in the Consent Agenda. Items CA-1 through CA-12. If there are any of
these items that any member of the Commission would like to put aside or discuss, if they could say so
now.
Commissioner Sanchez: Mr. Mayor, I do have an item that I would like to discuss and elaborate a little bit
on and that item is CA, Consent Agenda two, which I would ask the City to pay this gentleman on a
timely basis. I do believe the last time there were some problems with him getting painted... I mean.
getting paid. He does own a painting company, and he had some problems collecting payment from the
City and all that I ask is that payment on a timely basis be issued to him.
Mayor Carollo: Is this the gentleman that was owed some, I think seven, eight thousand dollars ($8.000)?
But, let me explain to you, Commissioner what the problem was. The problem was that this was done
during another administration. There were no bids that went out, nothing was put into writing and the
City had no record of that, and that's what the holdup was. So, I don't foresee there being any additional
problems. OK, any.::
Chairman Plummer: Mr. Mayor, seeing that no one has come forward, I'll move.the Consent Agenda.
Mayor Carollo: OK. For the record, is there anyone that would like to address this body on any items in
the Consent Agenda? OK, hearing none, Commissioner Plummer moves it. Is there a second?
Commissioner Sanchez: Second.
Mayor Carollo: Second by Commissioner Sanchez.
Vice Chairman Gort: Excuse me, I am sorry. My apologies, I was not paying attention at the time. What
are we moving on?
Mayor Carollo: We are moving the Consent Agenda.
Chairman Plummer: The entire Consent Agenda.
Vice Chairman Gort: I want to pull three. OK, with the exception of item three that's being pulled by
Commissioner Gort, there is a motion on the rest of the Consent Agenda and there is a second. Hearing
no further discussion, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
Chairman Plummer: Three goes over to the next agenda.
January 26, 1999
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 AUTOMATICALLY DEFERRED AND SCHEDULED AS A REGULAR
ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY CHAIRMAN PLUMMER AND SECONDED BY
COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
ABSENT: Commissioner Arthur E. Teele, Jr.
NAYS: None.
5.1 ACCEPT BID OF. TEMPLE'S HEAVY HAULING, INC. — FOR HAULING RUBBLE FROM
DEPARTMENT OF PUBLIC WORKS' SOUTH FORK STORAGE YARD TO LAWFUL DUMP SITES
— FOR DEPARTMENT OF PUBLIC WORKS — ALLOCATE' $36,270 THEREFOR FROM ACCOUNT
CODE NO. 001000.310501.340.
RESOLUTION NO.99-54
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF TEMPLE'S .HEAVY HAULING, INC., FOR HAULING
RUBBLE FROM THE DEPARTMENT OF PUBLIC WORKS' SOUTH
FORK STORAGE YARD TO LAWFUL DUMP SITES, FOR THE
DEPARTMENT OF PUBLIC WORKS, AT A UNIT PRICE OF
$234.00 PER LOAD, FOR A TOTAL COST NOT TO EXCEED
#36,270; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 001000.310501.340.
January 26, 1999
5.2 ACCEPT BID OF REX-TONE, INC., DB/A REX-TONE PAINT & CHEMICAL - FOR
PROCUREMENT OF PAINT AND PAINT SUPPLIES - FOR USE IN CITY-WIDE RESIDENTIAL
PAINT PROGRAM - FOR THE OFFICE OF NET - ALLOCATE $36.101 THEREFOR FROM
ACCOUNT CODE NO. 799209.4552149.6.940.
RESOLUTION NO. 99-55
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF REX-TONE, INC., DB/A REX-TONE PAINT &
CHEMICAL FOR THE PROCUREMENT OF PAINT AND PAINT
SUPPLIES FOR USE IN THE CITY-WIDE RESIDENTIAL PAINT
PROGRAM, ON AN AS -NEEDED CONTRACT BASIS FOR ONE (1)
YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)-
ADDITIONAL ONE-YEAR PERIODS, FOR THE OFFICE OF NET,
AT AN ANNUAL COST NOT TO EXCEED $36,101.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
799209.452149.940.
5.3 ACCEPT BID OF D.E. GIDI & ASSOCIATES - FOR PROJECT ENTITLED "COCONUT
GROVE MINI -PARK SHELTER B-6310" - ALLOCATE $22,858 THEREFOR FROM PROJECT NO.
331382.
RESOLUTION NO.99-56
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF D.E. GIDI & ASSOCIATES, IN THE PROPOSED
AMOUNT OF $18,930.00, TOTAL BID OF THE PROPOSAL FOR
THE PROJECT _ENTITLED "COCONUT GROVE MINI -PARK
SHELTER B-6310' ; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 331382, AS APPROPRIATED BY THE FISCAL YEAR
1998-1999 APPROPRIATIONS/CAPITAL IMPROVEMENT
ORDINANCE NO. 11705, AS AMENDED, IN THE AMOUNT OF
$18,930.00, TO COVER THE CONTRACT COST AND $3,928.00, TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $22,858.00; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
10 January 26, 1999
5.4 ACCEPT BID OF MEF CONSTRUCTION, INC., — FOR PROJECT ENTITLED "CITYWIDE
SIDEWALK REBUILDING (IMPACT FEE PROJECT). B-4588" — ALLOCATE $156,200 THEREFOR
FROM PROJECT NOS. 341135 FOR BID "A" (DOWNTOWN), 341195 FOR BID "B" (EDISON),
341198 FOR BID "C" (LITTLE HAVANA), 341199 FOR BID "D" (FLAGAMI), AND 341200 FOR BID
"E: (ALLAPATTAH).
RESOLUTION NO.99-57
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF MEF CONSTRUCTION, INC., IN THE PROPOSED
AMOUNT OF $139,475, FOR THE PROJECT ENTITLED
"CITYWIDE SIDEWALK REBUILDING (IMPACT FEE PROJECT),
B4588"; ALLOCATING FUNDS THEREFOR FROM PROJECT NOS.
341135 FOR BID "A" (DOWNTOWN), 341195 FOR BID "B"
(EDISON), 341198 FOR BID "C" (LITTLE HAVANA), 341199 FOR
BID "D" (FLAGAMI), AND 341200 FOR ' BID "E" (ALLAPATTAH),
AS APPROPRIATED BY FISCAL YEAR 1998-99
APPROPRIATIONS ORDINANCE 11705, AS AMENDED, IN THE
AMOUNT OF $139,475, TO COVER THE CONTRACT COST AND
$16,725, TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $156,200.00; AND AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
SAID FIRM.
5.5 ACCEPT BID OF ELECTRICAL CONTRACTING SERVICE, INC., -- FOR REPAIR AND
REPLACEMENT OF LIGHT POLES — FOR DEPARTMENT OF POLICE, -- ALLOCATE $20,430
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT, ACCOUNT CODE NO.
312015.299401.6.830.
RESOLUTION NO. 99-58
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF ELECTRICAL CONTRACTING SERVICE, INC., FOR
THE REPAIR AND REPLACEMENT OF LIGHT POLES, FOR THE
DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED
$20,430.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT, ACCOUNT CODE NO.
312015.299401.6.830.
11 January 26, 1999
5.6 - AUTHORIZE PURCHASE OF 1,400, 1999 FLORIDA LAW ENFORCEMENT HANDBOOKS -
CITY OF MIAMI EDITION, FROM THE MIAMI-DADE POLICE DEPARTMENT — AT TOTAL
COST OF $9,800 — FOR DEPARTMENT OF POLICE — ALLOCATE FUNDS THEREFOR FROM
POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.760.
RESOLUTION NO.99-59
A RESOLUTION AUTHORIZING THE PURCHASE OF 1,400, 1999
FLORIDA LAW ENFORCEMENT HANDBOOKS - CITY OF MIAMI
EDITION, FROM THE -MIAMI-DADE POLICE DEPARTMENT, AT
A TOTAL COST OF $9,800.00, FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL.. OPERATING BUDGET, ACCOUNT
CODE NO 001000.290201.6.760; AUTHORIZING THE CITY
MANAGER -TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO. ISSUE A PURCHASE ORDER FOR THESE HANDBOOKS.
5.7 AUTHORIZE FUNDING OF YOUTH OF AMERICA, INC., IN AMOUNT NOT TO EXCEED
$35,000 — FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002
AND 690003.
RESOLUTION NO.99-60
A RESOLUTION OF THE MIAMI CITY COMMISSION,
AUTHORIZING THE FUNDING OF YOUTH OF AMERICA, INC.;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $35,000.00, 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 932.7055, AS
AMENDED, AND THE U.S. DEPARTMENT OF THE TREASURY'S
"GUIDE TO EQUITABLE SHARING."
12 January 26, 1999
5.8 AUTHORIZE FUNDING OF LIBERTY CITY OPTIMIST CLUB OF FLORIDA, INC. —
ALLOCATE FUNDS NOT TO EXCEED $5,000, FROM THE LAW ENFORCEMENT TRUST FUND.
PROJECT NUMBERS 690001, 690002, AND 690003.
RESOLUTION NO. 99-61
A - RESOLUTION OF THE MIAMI CITY COMMISSION,
AUTHORIZING THE FUNDING OF THE LIBERTY CITY OPTIMIST
CLUB OF FLORIDA, INC., AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $5,000.00, FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002, 690003, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATUTE 932.7055, AS AMENDED AND THE U.S.
DEPARTMENT OF THE TREASURY'S GUIDE TO EQUITABLE
SHARING."
5.9 AUTHORIZE FUNDING OF THE MIAMI MUSEUM OF SCIENCE "YOUTH ALIVE!
MIAMI" SUMMER OUTREACH PROGRAM -- ALLOCATE FUNDS NOT TO EXCEED $20,000
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003.
RESOLUTION NO. 99-62
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE FUNDING OF THE MIAMI MUSEUM OF
SCIENCE "YOUTHALIVE! MIAMI" SUMMER OUTREACH
PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $20,000.00, 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 932.7055, AS AMENDED, AN THE U.S.
DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE
SHARING."
13 January 26, 1999
5.10 ACCEPT DONATION FROM MOLINA TOWING OF 1983 OLDSMOBILE AUTOMOBILE —
FOR USE BY EAST LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT TEAM ("NET")
SERVICE CENTER.
RESOLUTION NO.99-63
A RESOLUTION ACCEPTING A DONATION FROM MOLINA
TOWING OF A 1983 OLDSMOBILE AUTOMOBILE, VALUED AT
APPROXIMATELY $500.00, FOR USE BY THE EAST LITTLE
HAVANA NEIGHBORHOOD ENHANCEMENT TEAM ("NET")
SERVICE CENTER, ACCEPTANCE OF SAID DONATION
SUBJECT TO THE EXECUTION OF APPROPRIATE RELEASE
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
5.11 AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONALS SERVICES AGREEMENT
— FOR PROVISION OF VICTIM ADVOCATE SERVICES — FOR DEPARTMENT OF POLICE —
ALLOCATE FUNDS NOT TO EXCEED $35,000, FROM THE VICTIMS OF CRIME ACT FUND,
ACCOUNT CODE NO. 14201 l .290498.6.270.
RESOLUTION NO. 99-64
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH INDIVIDUALS
FOR THE PROVISION OF VICTIM ADVOCATE SERVICES FOR
THE DEPARTMENT OF POLICE, IN AN ANNUAL AMOUNT NOT
TO EXCEED $35,000, FOR A PERIOD OF ONE (1) YEAR, WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, SUBJECT TO THE AVAILABILITY OF FUNDS;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $35,000, FROM THE VICTIMS OF CRIME ACT FUND,
ACCOUNT CODE NO. 142011.290498.6.270.
6. PERSONAL APPEARANCES.
Mayor Carollo: OK, now we are in item number two, personal appearance
Commissioner Regalado: Mr. Mayor, if I may?
Mayor Carollo Yes, you can.
Commissioner Regalado: This, this project by the State of Florida. The bridge on Robert King High,
Carlos Arboleya Park and I have been briefed by DOT (Department of Transportation). I received a lot
of information and the Parks Director and the Public Works Director are in agreement with this project.
My understanding is, that this project does not need any maintenance from the City, at least in the next
14 January 26, 1999
thirty to forty years. Mr. Carlos Arboleya whose name is in that park too, has also reviewed the project.
He does all the Boy Scouts activities there and he also agreed. So, if the DOT personnel will give us a
brief information.
Mr. Mike Ciscar: OK, sure. Morning Mr. Mayor and Members of the Commission. My name is Mike
Ciscar, and I am the District Environmental Management Engineer with the Florida Department of
Transportation, District six in Miami. And, the reason that we are here is because we have been
performing a project development and environmental study for the replacement of the existing bridge at
Robert King High Park. As you all probably know, Robert King High Park is made up of two areas, you
have got the park on the south side and then on the north side you have the Carlos Arboleva camp
grounds. And, there is South Florida Water Management District canal running between the two parks,
and right now there is an existing one lane timber bridge that was built in 1947 connecting the two areas
and that bridge is in desperate need of repair. It's been inspected over the years and found to be extremely
structurally -deficient. So, the department through our off -system bridge replacement program which
consists of 80 percent federal dollars and 20 percent State dollars, no local dollars is part of that program,
had undertaken a project to replace the bridge and we have been coordinating with, like Commissioner
Regalado mentioned with, Albert Ruder from your Parks and Recreation Division. And, Carlos Arboleya,
of course, with the camp ground issues, and we have come up with an alternative and a concept that's
acceptable both to the Parks and Recreation Division, Mr. Arboleya and the general public. We held a
public workshop in November of '98 and received no adverse comments whatsoever. But, the reason that
we are here before you is to brief you on the issue, on the project, tell you we are about to move forward,
we are about to conclude our study but since we are using federal dollars, and we are working within a
park, we need the approval of the owners of the park, in this case being the City of Miami, and that's what
we are here for. What I would to do is, show you a conceptual layout of what we are talking about.
Basically, what we are doing is, we will be replacing the timber bridge which is a one lane bridge with a
reinforced concrete bridge consisting of two eleven -foot lanes, a six-foot sidewalk on one side and an
eight and a half foot bike path on the east side which is also part of the Dade, Miami -Dade County
greenways plan for bicycles. In association with that, the bridge replacement project in order to create
like a grand entrance to the Carlos Arboleya camp ground, we are proposing to build these structural,
these architectural improvements, these towers that you could see there on the board. And, those:.. The
bridge replacement project itself is within the South Florida Water Management District canal right-of-
way so it doesn't affect the park land, but the towers would be slightly within the park. So, we would need
your approval to, proceed with the project according to our federal guidelines. Basically saying that the
City is OK with the concept and we can move forward with the project. The cost of the project, the
replacement is three hundred and fifty thousand dollars ($350,000). And, again that's 80 percent federal,
20 percent state funds, no local funds involved.
Commissioner Regalado: Mr. Mayor, I would like to move that the City authorizes DOT to continue with
the project.
Chairman Plummer: Second.
Commissioner Sanchez: Second.
Mayor Carollo: There is a motion, there is a second. The amount of the cost, if 1 may ask, is that
including the towers or in addition to?
Mr. Ciscar: The three hundred and fifty thousand includes the towers.
Mayor Carollo: Has the Administration had the opportunity to go through this?
15 January 26, 1999
Mr. Donald H. Warshaw (City Manager): Yes, sir.
Mayor Carollo: All right. There is a motion, there is a second. Any further discussion? All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Thank you, very much.
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO.99-65
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE ROBERT KING HIGH BRIDGE REPLACEMENT PROJECT
DESIGN ("DESIGN PLAN")' PRESENTED BY THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE
BRIDGE TO BE LOCATED AT ROBERT KING HIGH PARK
("PARK") OVER THE TAMIAMI CANAL ACCESSING THE
CARLOS J. ARBOLEYA CAMPING- AND PICNIC GROUNDS;
DECLARING THAT THE ARCHITECTURAL AESTHETIC
ENHANCEMENTS THAT ARE PART OF THE DESIGN PLAN,
SUCH AS THE LIGHTHOUSES AND GATES, DO NOT
NEGATIVELY IMPACT THE PARK PROPERTY OR ANY USERS
OF SAID PARK; AND AUTHORIZING FDOT TO COMPLETE THE
DESIGN PLAN AND TO COMMENCE CONSTRUCTION OF SAID
BRIDGE AT NO COST TO THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Chairman Plummer, the resolution was passed and adopted by
the following vote: .
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
16 January 26, 1999
7. APPROVE EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11659, WHICH
ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS — FOR NEW SPECIAL REVENUE
FUNDS ENTITLED: "EAST LITTLE HAVANA MINORITY YOUTH DIVERSION PROGRAM" —
INCREASE GRANT APPROPRIATIONS FOR SAID FUND BY $70,000.
Mayor Carollo: We are now in item number three, an emergency ordinance.
Commissioner Sanchez: So moved.
Chairman Plummer: Where are we, Mr. Mayor?
Mayor Carollo: Item number three.
Vice Chairman Gort: Second.
Mayor Carollo: It's been moved by Commissioner Sanchez, seconded by Commissioner Gort. Hearing
no further discussion, if the City Attorney could read it please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
11659, WHICH ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR A NEW SPECIAL REVENUE FUND
ENTITLED: "EAST LITTLE HAVANA MINORITY YOUTH
DIVERSION PROGRAM", TO ,INCREASE THE APPROPRIATIONS
FOR SAID FUND IN THE AMOUNT OF $70,000, CONSISTING OF
FUNDS RECEIVED AS A GRANT FROM THE FLORIDA
DEPARTMENT OF JUVENILE JUSTICE AND AN IN -KIND
SERVICES MATCH EQUAL TO $12,924.00, TO BE PROVIDED BY
THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, AUTHORIZING THE EXPENDITURES OF SAID
GRANT FOR OPERATION OF SAID PROGRAM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, and seconded by Vice Chairman 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:
17 January 26, 1999
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Regalado, and seconded by
Vice Chairman Gort, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11751.
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.
8. AUTHORIZE $16,000 INCREASE IN ANNUAL CONTRACT WITH DATA STORAGE CENTERS
— FOR PROVISION OF COMMERCIAL RECORDS MANAGEMENT AND STORAGE FACILITY
FOR VARIOUS CITY DEPARTMENTS — ALLOCATE FUNDS THEREFOR FROM
DEPARTMENT OF BUILDING & ZONING ACCOUNT CODE NO. 421001.560402.620 ($6,000)
AND CITY ATTORNEY'S OFFICE ACCOUNT CODE NO.230101.250 ($10,000).
Mayor Carollo: We are now on item number four.
Vice Chairman-Gort: Move it.
Chairman Plummer: Second.
Mayor Carollo: Moved by Commissioner Gort, seconded by Commissioner Plummer. Is there any further
discussion? Hearing none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
18 January 26, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-66
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO
EXCEED $16,000.00, IN THE ANNUAL CONTRACT WITH DATA
STORAGE CENTERS, FOR THE PROVISION OF A COMMERCIAL
RECORDS MANAGEMENT AND STORAGE FACILITY FOR
VARIOUS CITY DEPARTMENTS; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF BUILDING AND
ZONING ACCOUNT CODE NO. 421001.560402.620 ($6,000) AND
CITY ATTORNEY'S OFFICE ACCOUNT CODE NO. 230101.250
($10,000); AUTHORIZING HTE CITY MANAGER TO EXECUTE
THE NECESSARY AGREEMENT AMENDMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE SAID
INCREASE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Chairman Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mayor Carollo: Item number five.
Vice Chairman Gort: It's been pulled.
Chairman Plummer: Five and six have been pulled.
Mayor Carollo: OK, five and six have been pulled. Thank you. We are on item...
19 January 26, 1999
9. APPROVE IN PRINCIPLE NEGOTIATED SETTLEMENT BETWEEN CITY OF MIAMI AND PAN
AM AIR BRIDGE (THE PREDECESSOR IN INTEREST TO CHALK'S INTERNATIONAL
AIRLINES) — IN CONNECTION WITH REDEVELOPMENT OF THE WATSON ISLAND AIR
TERMINAL FACILITY — DIRECT CITY MANAGER AND CITY ATTORNEY TO REVIEW
DOCUMENTS IN CONNECTION WITH PROPOSED OPERATOR — DIRECT CITY ATTORNEY TO
REQUEST ATTORNEY GENERAL OPINION IN CONNECTION WITH ADVERSE POSSESSION OF
PUBLICLY OWNED LAND.
Chairman Plummer: Item seven
Mayor Carollo: Item seven now.
Chairman Plummer: Mr. Mayor.
Mayor Carollo: Go ahead.
Chairman. Plummer: Mr. City Attorney, my understanding is that there was no negotiation or RFP
(Request for Proposal) for any company to come forward and to be the successful operator of this facility.
Is that correct?
Mr. Alejandro Vilarello (City Attorney): There has been no competition done for a fixed -based operator
at this site. That's correct.
Chairman Plummer: All right, and as I understand it, the lawsuit is predicated on adverse possession, is
that correct?
Mr. Vilarello: The former, the predecessor, Pan Am Air Bridge, Chalk's International Airlines, has
claimed entitlement to the property by adverse possession.
Chairman Plummer: And, you have instructed and said to me that adverse possession is not applicable on
public land.
Ms. Vilarello: That's my opinion and the opinion of this office for quite a long time.
Chairman Plummer: So, in effect, there is no basis or any concern, or should not be a concern about the
lawsuit. Am I correct?
Mr. Vilarello: Well, there is a litigation, and...
Chairman Plummer: 1 understand.
Mr. Vilarello: ... as long as there is a litigation there is always the possibility of a result that could be
negative.
Chairman Plummer: And, there is also... There is also the possibility that in fact, we could have got a
better, maybe deal if we went out and negotiated with someone else. That you will never know under
these circumstances. Now, Mr. Manager, one of the things that I thought that we had in this City was
when we enter into contracts that we do background checks.
20 January 26, 1999
Mr. Erdal Donmez (Director, Real Estate & Economic Development): 1 can answer that.
Chairman Plummer: Am I correct?
Mr. Vilarello: Perhaps, I can address that issue. This is an issue that is being brought before you in
principle. All of the necessary background checks that would normally be done have not yet been
concluded.
Chairman Plummer: That's... 1 am very happy to hear that. In fact, we are not doing- business with Pan
American, are we?
Ms. Dena Bianchino (Assistant City Manager): I didn't hear the question.
Chairman Plummer: In fact, we are not doing business with Pan American.
Ms. Bianchino: Pan American has been purchased by another entity.
Chairman Plummer: And, that entity is known as Air Alaska, is that correct?
Mr. Donmez: Sir, the entity we are doing business with...
Chairman Plummer: Excuse me. 1 asked a simple question, I would like a simple answer.
Mr. Donmez: Air Alaska owns seventy percent interest in the entity.
Chairman Plummer: So, we are doing business with Air Alaska for all practical purposes?
Mr. Donmez: Yes.
Chairman Plummer: Has anybody done a background check on Air Alaska?
Ms. Bianchino: No, sir, we have not, but we will do so.
Chairman Plummer: Has anybody done a background check on Mr. Thore K. - spelling the last name -
T-J-O-N-T-V-E-I-T?
Ms. Bianchino: We would do the background check after the Commission takes action on this item. That
would be part of our normal due diligence process.
Chairman Plummer: And, you have no knowledge of all of the lawsuits that he has been involved in, nor a
recent finding in which they were fined twenty million dollars ($20,000,000) for a lawsuit where there
was ten million four in compensatory damages and ten million four in .punitive damages. You are not
aware of that?
Ms. Bianchino: No, we had heard of a judgment, but we have not looked into it, nor have we determined
whether it's being appealed or whether they have the financial resources.
Chairman Plummer: Do you know that this lawsuit according to the copy that I have includes fraud?
21 January 26, 1999
Ms. Bianchino: No, sir.
Chairman Plummer: Are you aware of the background into 1990 where this matter was into bankruptcy?
Ms. Bianchino: No.
Chairman Plummer: Now, it.would seem like to me, before that matter would... And. I am going to give
you all of these, documents... A transcript of the findings of the court, OK. It just seems like to me that
before it would get to this level here, at this City Commission, where we could potentially be embarrassed.
that we would know this stuff in advance, Mr. Manager. Now, all I am saying to you is. 1 have document
after document of where these people have been into lawsuits, and I... You know, I am reading from
documents that were handed to me, part of them a transcript, part of them a finding of the courts. As a
matter of fact, one of them is a press release where they indicated that they were taking possession of
Watson Island in February of last year. These are the kinds of things that I think that before I am -ready to
vote on something like this in principle that somebody should have brought this to this Commission's
attention.
Ms. Bianchino: Commissioner,. our normal process would be that you would approve a transaction and
then we would proceed to undertake due diligence. They may have had lawsuits. There may be issues
affecting them that have no affect on this deal. There may be other issues that do have an affect, but
normally we would get the parameters of the transaction approved and then immediately start the due
diligence process.
Chairman Plummer: Well, OK. Mr. City Attorney, I don't know whether to give them to you or who to
give them to, but these are copies of all of the bankruptcies, all of the worthless checks that were issued by
this individual. 'The contentions of fraud that were involved with this individual. These are not my
accusations, these are documents that are mostly off of newsletter, the Reuter...
Ms. Bianchino: Reuter.
Chairman Plummer: ... text line, OK. And, whether they lied or they didn't, but the last one that I quoted
from was in fact -a press release, "Chinese Airline wins twenty-one million dollars ($21,000,000) in
place... plane lease dispute. . And, it was Wahan Airlines and Air Alaska Airlines. And, if you are not
aware; Wahan Airlines was part of Air Alaska prior to, until they were supposedly a hostile take-over.
Mr. Mayor, I am concerned about doing business in this manner. It would likely be my opinion that this
matter should have been done prior before asking this Commission to have it brought out at a later time,
that in fact these so-called allegations are substantial which obviously they are in the documents. I would
prefer, Mr. Mayor, before this Commission might get egg on its face by voting for this, that we might
defer this matter until such time as the City Attorney and the City Manager have had the opportunity to go
through these documents and make a determination as to their recommendation to this City Commission
first. So, that would be my desire. I would like to have copies of those, I just made them for you. Take it
from there, Mr. Mayor.
Chairman Plummer: Commissioner Gort.
Vice Chairman Gort: I have a question for the attorneys. My understanding is, if we are to approve this, a
lease has to be worked out between the parties and ourselves. Now, Mr. Attorney, in that lease, can we
put clauses where if any of these items that J. L. has brought up like bankruptcy and non-payment,
automatically it can eliminate that lease, and at the same time, eliminate the suit that we have on us?
22 January 26, 1999
Mr. Vilarello: Ah...
Vice Chairman Gort: Now, can a document be drafted if these people fail to_ make a payment or fail to do
any of the conditions that are put in the lease, we can wipe them out and bring somebody else?
Mr. Vilarello: Certainly.
Vice Chairman Gort: That can be done?
Mr. Vilarello: Yes, sir.
Vice Chairman Gort: In other words...
Chairman Plummer: Mr. Gort, my information is, that the lease is yet to go to the Manager for negotiation
and to come back to this Commission for final approval. It would be my hope, and desire that they would
have the time prior to coming back to go through these documents and ascertain through the legitimacy
and to the real total impact of these documents on that particular lease.
Vice Chairman Gort: J. L., let me tell you what I am trying to do. What I am trying to do, my
understanding is I came in here and I inherited this problem. I understand this has been going on for a
long time, and we all know how our courts work.. This could go to court and this could tie us up, I don't
know how many years. I am not an attorney, but I have seen many cases in here that come back five and
six and ten years afterwards. What I am trying to do is, is there a legal way that we can make a motion
that we can approve this subject to coming back to us, and if any fail... failure of the applicants to meet
any of the conditions, automatically will wipe out the whole thing, I won't have any problem because this
will give us a chance to wipe out clean, and then go out for an RFP (Request for Proposal) like you want
to bring something else. But, my understanding is, this project is a complex project that's composed of
several items. My understanding also is, if we don't move on this we might lose the whole thing, so...
Chairman Plummer: If I may? Mr. Gort, I don't want to see the Greater Miami Convention -Bureau be
without, OK. They are a part and parcel of this community, and as such should be there. I think a heliport
is good, but if you had the time to read these documents, this is exactly the way this company has operated
in the past, that they draw down on letters of credit that were absolutely, according to these documents,
fraud. And, they get...
Vice Chairman Gort: Well, J.L., if we draft...
Chairman Plummer: They get tied up in bankruptcy and everything.
Vice Chairman Gort: Excuse me a minute. If we draft the right document, and they do that, that wipes
them out.
Chairman Plummer: Well, but they...
Vice Chairman Gort: That's what I want to see.
Chairman Plummer: OK.
23 January 26, 1999
Vice Chairman Gort: A document that if failure to any of the conditions that we put in the lease takes
place, they are wiped out completely, the lawsuit is wiped out and everything is wiped out and we come
clean.
Chairman Plummer: OK, all I am saying to you, very simply, and then I'll shut up, OK. Is that. that is the
way they have operated in the past. They get their self inside and then tie-up in court for years the
documents that in fact that they have here. I am saying that there is no problem with the City Attorney
and the City Manager in fact going through these documents and make their recommendation to us before
they come back from the negotiations.
Vice Chairman Gort: OK. I don't have any problem with that.
Mayor Carollo: Commissioner Sanchez.
Commissioner Sanchez: Mr. Mayor, I have a question for the City Attorney on this. Is Alaska Airlines at
this time in pending litigation in reference to a lawsuit of any kind?
Mr. Vilarello: I don't know that information. Commissioner Plummer has provided me some
information, I have not had an opportunity to review which indicates that that's the case
Unidentified Speaker: Yes, there is.
Commissioner Sanchez: See, this is the concern that I have, and I am sure my colleagues have also, is
that, you know, deals come up and you are only shown the bright stuff. Of course, you don't know
everything about what is going on when it pertains to a deal. I know that the City Administration tries to
do the best it can, but that's why I held back and 1 voted against it the first time, because I just wanted to
make sure that it was a good deal for the City. You know, after meeting with the City Manager, which I
have talked to you over the phone and I sat with people representing the Pan American Airlines on the
issue, nobody brought this to my concern, and this is something that's very important. I mean, if Alaska
Airlines right now is in a pending litigation lawsuit, this Citymust do whatever it takes to use due
diligence to ensure that every deal that we do is in the best interest of the City.
Mr. Vilarello: Commissioner, the only thing I want to caution you on is, the fact that a company is in
litigation does not by itself create problems. Certainly, what Commissioner Plummer has raised is
something that the Administration and my office will look into in great detail. However, we cannot just
exclude anybody that we are doing business with because they are in litigation.
Commissioner Sanchez: Mr. Attorney, I agree with you on that. But, if that company that comes in front
of the City Commission to do business with us has a bad history, if the owner is issuing out worthless
checks, if the company has a tainted past, is it in the best interest of the City to do business with them?
No.
Commissioner Regalado: Mr. Mayor.
Vice Chairman Gort: Let me ask a question, and maybe...
Mayor Carollo: Commissioner Gort, go ahead.
Vice Chairman Gort: Can we just ask the Administration to go ahead and work out a lease with them and
come back. Let us not take a motion today and we vote on...
24 January 26, 1999
Commissioner Teele: That's the motion.
Commissioner Sanchez: There is a motion out, I believe. Who? Did somebody put that motion out?
Vice Chairman Gort: There is no motion.
Mayor Carollo: There is no motion.
Chairman Plummer: Mr. Mayor, let me tell you a motion I could live with. That the Administration and
the City Attorney be charged with going through the documents. If they find nothing to be in fact adverse
to the City, let them proceed with the negotiations, but that if they do find sufficient evidence to be
detrimental to the City that they come back to this Commission before they proceed negotiations.
Commissioner Sanchez: Mr. Mayor, I would second that motion.
Mayor Carollo: There is a motion, there is a second. Discussion.
Mr. Vilarello: Mr. Mayor.
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Mr. Regalado.
Commissioner Regalado: I do have several questions too, and I am really troubled with what Chairman
Plummer has presented us, and I did vote for the settlement the last time, but I am not ready to vote for
any settlement today.. I think that I would vote for the motion to have the Administration to come back,
but I had, not knowing those allegations, I had some questions. For instance, I checked with the FAA
(Federal Aviation Administration) and FAA seems not to recommend awarding an airline all commercial
enterprises within an airport, and it seems to be that this is the case on -this issue. Is it or could you...?
Mr. Donmez: Commissioner, Commissioner, this is small regional airport, and FAA, it's my
understanding, doesn't have any problem of awarding the fixed base operator status to, you know, one
entity.
Commissioner Regalado: I think they do, but I guess I talked to the wrong person in the FAA. But, but
that's one of the issues that 1 had because... The second question is, what happens if the airline declares
bankruptcy, you have all the facilities within one case. And, what is the liability for the City, I mean, who
is going to take care of the small airport?
Mr. Donmez: I would like to defer that answer to the City Attorney, but we would be looking for another
acceptable, you know, operator. One of the conditions of this, you know, settlement, this is the general
settlement, you know, terms. And, we are concerned about the bankruptcy situation of Pan Am
Corporation as well as Air Alaska so that you know, we have made it very clear that the City would
approve the Pan Am Air Bridge as an acceptable operator, not only at the beginning, but also, you know,
every... you know, every five years. So, we are not just going to give them the status from the top. It's
going to be a continuous and, and acceptable, negotiations.
Vice Chairman Gort: I have a question.
25 January 26, 1999
Mayor Carollo: Go ahead, Commissioner Gort.
Vice Chairman Gort: In looking at the terms of the proposal and settlement, one of the things I have a
question is and J. L. brought up also is, the compensation for existing property improvement.
Chairman Plummer: We have got to pay them.
Vice Chairman Gort: They were to get... They are going to get five hundred and thirty-five thousand
dollars ($535,000) which is a grant that we get from the State. That money is to go into the building, not
for them.
Mr. Donmez: They are going to be getting five hundred and thirty-five thousand dollars ($535,000) for
their existing improvements there. One half of that, you know compensation is going to funded by the
State, State grant. The remaining half is going to be it's... We are not clear on it you know at this point,
but we are looking at a possible advance, you know, rent credited up -front from the tenants and it will be...
Chairman Plummer: For squatters.
Mr. Donmez: ... the entire amount, you know, would be used toward constructing, you know, a new
hanger or sea plane facilities.
Ms. Bianchino: Let me just say that this, we went back and forth with them a long time on this amount of
money and we had appraisals done. They had asked initially for, in the neighborhood of one and a half
million dollars ($1,500,000) and we...
Chairman Plummer: Why not?
Mayor Carollo: More. Two or more.
Ms. Bianchino: It was huge. And, we had our appraisals done, we went out there, we reviewed it several
times and this we feel is a fair settlement.
Vice Chairman Gort: Is this for their existing facility?
Ms. Bianchino:. Yes, sir.
Chairman Plummer: And, you are asking us to pay for it.
Vice Chairman Gort: OK, and can we work it out in the lease that if they are going to get a new facility,
it's going to be built not paid by them?
Ms. Bianchino: What..? I am sorry, what was the question, sir?
Vice Chairman Gort: OK, can we work it out when we sign the lease with them or negotiate with them
that we don't have to pay them this. They are going to get a new building, they are going to get a contract.
I said, if they do,1 don't know if they will or not.
Ms. Bianchino: Well, this was part of the negotiated settlement. I mean, if you direct us, we can go back
to them...
26 January-26, 1999
Vice Chairman Gort: Well, I think since you are going back, let's try to maximize.
Ms. Bianchino: Well, we did get them down about one million and a half dollars ($1,500,000) already.
Vice Chairman Gort: Let me tell you there are some people out there, they were going to be in front of us
today, but I had a conversation with them yesterday and after I talked to them they decided they were
going to be a lot better with the City so, sometimes that helps.
Commissioner Teele: Mr. Chairman. Who is Chair?
Mayor Carollo: I am chairing the meeting. You can speak.
Commissioner Teele: Mr. Carollo. Thank you. Let me try to understand three things. Mr. Attorney.
Mr. Vilarello: Yes, sir.
Commissioner Teele: You have opined that adverse possession is not legally acceptable, principle or
publicly owned land in the State of Florida.
Mr. Vilarello: We have not found... We have not found any law that supports an adverse possession claim
on public lands.
Commissioner Teele: Has their been a request of the Attorney General for an opinion?
Mr. Vilarello: No.
Commissioner Teele: Would you consider that?
Mr. Vilarello: Sure, certainly.
Commissioner Teele: OK. I don't think, I don't think that the claim is colorable personally. 1 don't, l
believe that you are absolutely correct as it relates to the legal principle that adverse possession may not
be asserted on publicly owned land. In any event, as Commissioner Gort has said, this item has been going
on now and in the City of Miami for some, how many years?
Vice Chairman Gort: Ten.
Mr. Vilarello: Ten years of legal dispute and they have been on the property for many more years than
that.
Commissioner Teele: How long have they been on the property?
Vice Chairman Gort: Nineteen forty, I understand.
Mr. Vilarello: Since 1919. That's their claim.
Commissioner Teele: And, that's sort of where I come down just... I know this is a two -two vote.
Vice Chairman Gort: The owner was riding the plane since he was about 15.
27 January 26, 1999
Commissioner Teele: I know this comes down as a two -two vote. And, one of the things, Mr. Attornev 1
wish you would consider is that vetoes, tie votes and those things really should take precedent so that we
can dispense with some of these things from time to time. But, that's just a consideration. that's certainly
the way some of the rules work in most legislative bodies. But, I come down very strongly in favor of the
tradition and the history, and I would be... If there were a straight -up vote today, as previously stated. I
would vote in support of moving forward with the contract largely because of the tradition and the histon•.
And, I think, you know, we learn from each other. I am particularly engaged by what Commissioner
Sanchez is saying in terms of how we develop the analysis of what's in the best interest of the citizens.
But, I think many of the questions really have somewhat been misleading, and I certainly don't mean
any... to cast any aspersions, but to call this an airport, it technically is. But, to call this an airport that
conflicts with FAA policy, it does not. The FAA policies, they do not want to see any one airline have
domination on an airport, that's a clearly established polity. But this is a mallet, [phonetic] this is a plane
that lands in the ocean and climbs out like a duck. I mean, there are only about 600 of these planes
worldwide, or some number. like that and they are primarily cannibalizing one another. 1 think the beauty
of the mallet landing against the backdrop of the Carnival Cruise line or the cruise ships, the pictures that
we saw in that horrible movie "Miami Vice." But, the pictures that we quite frankly have seen of the
beautiful landscape and the beautiful skyline of Miami should also be considered. And, I really do think
that we should not change the laws of this country. And, I am always concerned, Mr. Attorney, when you
allow Commissioners, when you allow us, to say things that are just legally not acceptable. You cannot.
no matter who the beneficial owner is, you can look at a guy who has written bad checks and pull the
license or get the license pulled, but the business entity that is before us is who?
Mr. Vilarello: Pan Am Airways.
Commissioner Teele: It's Pan Am Airways. And, you can talk about Alaskan Airways and you can talk
about sister companies and holding companies, but the business entity before this Commission is Pan Am
Airways or an entity doing business as Pan Am Airways and I am not sure what the name of that real
entity is, and we should know that. But, it really... it really, I think, Mr. Attorney, is a message to you that
you need to caution us when we start convoluting the laws and the facts, because you cannot legally hold
another corporation which may have done some very bad things that is not before us, even if they have _an
ownership interest. And, -so I think we need to be very, very careful. I am concerned about the things that
Commissioner Plummer has raised. I certainly would like for you to look at them, particularly a person
who is a beneficial owner who writes bad checks. But you know and 1 know that fraud is, today's civil
fraud is a common... Any lawyer out of law school is going to make a fraud allegation and a complaint if
he can. 1 mean, so that's not an allegation or even a lawsuit on its face as you have properly opined is not
representative, or is not determinative. I think we should give the Manager the authority as the motion,
Commissioner Plummer as I understand your motion...
Chairman Plummer: Go ahead, sir. I am listening.
Commissioner Teele: As I understand your motion, I think we should give the Manager the.. and the
Attorney the authority to move forward. We certainly have the right to flush out all of the issues that
everyone has before a contract is presented. I legally... I don't think that they have a legal claim to the
five hundred thousand dollars ($500,000) personally. But, 1 do think that some deference should be given
to the tradition, the history. And, if you expel this quote "airline" from there, please be assured there will
not be another fixed base line, airline, to come in and operate there. So, what have we gained? They
provide service to Bimini, they provide service to Key West, they provide service to, I think, to Cat Island,
some of the closer islands that are in, and I think it's a tremendous service and I think it helps to
underscore the image that we are trying to build in Miami, and that is, that we are an international city, but
we are also a fun city, and I would respectfully ask, Mr. Mayor at the appropriate time that we move the
28 January 26, 1999
issue forward and we either vote it up or down, because there sees to be no disagreement on giving the
Manager and the Attorney the authority to move to the next level.
Mr. Vilarello: Mr. Mayor.
Chairman Plummer: Just for the record, if I may?
Mayor Carollo: Go ahead, J. L.
Chairman Plummer: Because I want to substantiate what was said on the Reuter's Text Line [phonetic] in
September 14, 1990. Quoting from there... "Mr. Tjontveit's checks proved to be worthless." Just for
the record.
Ms. Bianchino: Commissioner, I would just caution you to reading a newspaper article is not a... We
really...
Chairman Plummer: OK, I am just... I have quoted by saying that's that what 1 am quoting from.
Ms. Bianchino: OK, we need to look behind that.
Chairman Plummer: Yeah.
Mr. Vilarello: Mr. Mayor, if I...? Excuse me.
Chairman Plummer: I have a motion on the floor.
Mr. Vilarello: The resolution that's in your agenda package I would modify based on the motion to be
approving in principle the negotiated settlement. And, I would like to also bring to the attention of the
Commission that the attachment to the resolution provides that it would be based, the agreement would be
based on an acceptable operator. That means and it's defined there, someone that -possesses the business
experience, good reputation, financial resources and adequate personnel necessary for the proper and
consistent performance of operating a fixed -based operator agreement. So those were, those... that's part
of the due diligence that the Administration would have to do in order to even bring before you an
agreement consistent with the resolution.
Chairman Plummer: Well, my motion was very clear. These documents are to be gone over by you and
the Manager. If you find that they are adverse to the City, you then must come back to this Commission
before negotiating. If you don't them adverse then you can continue to proceed to negotiate. It's just that
simple. And, I would ask, Mr. City Attorney that you please make copies of all of these documents that I
have given to you, not only for the Administration, for each member of the City Commission.
Mayor Carollo: There is a motion, and it's been duly seconded. Hearing no further discussion from the
Commission, is there anything else that the Administration would like to address?
Chairman Plummer: No, sir.
Ms. Bianchino: The only other comment I would like to make is that this enable us to move forward and
maintain the FDOT funding for the project while we do the due diligence that Commissioner Plummer
and the rest of you have asked for.
29 January 26, 1999
Commissioner Sanchez: Now, now, Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Sanchez: Is there any way that we could implement this motion and grant you the OK to
continue?
Vice Chairman Gort: That's what we are doing.
Mayor Carollo: Yeah, that's part of it.
Chairman Plummer: That's what we are doing if they don't find anything adverse in these documents.
Commissioner Sanchez:. If you don't find, right. Because I don't want to hold the project.
Ms. Bianchino: Yes, yes.
Commissioner Sanchez: OK.
Chairman Plummer: That's in this motion.
Mayor Carollo: Sir, who do you represent?
Mr. Santiago Echemendia: Santiago Echemendia with Tew Cardenas,.Rebak, Pan Am Air Bridge. I just...
Mayor Carollo: OK, would you like to address this body briefly?
Mr. Echemendia: No, I think the motion is, is... pretty much comports with what we wanted to do. It does
go forward and just let staff take a look at the documentation so we don't have any problem. Thank you.
Chairman Plummer: And, Mr. City Attorney you will make a copy available to them also, please.
Mayor Carollo: Yes.
Mr. Vilarello: Yes, sir.
Mayor Carollo: All right, hearing no further discussion, all those in favor signify by saying "aye.
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." It passes unanimously.
30 January 26, 1999
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-67
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, APPROVING, IN PRINCIPLE, THE NEGOTIATED
SETTLEMENT BETWEEN THE CITY OF MIAMI AND PAN AM
AIR BRIDGE (THE PREDECESSOR IN INTEREST TO CHALK'S
INTERNATIONAL AIRLINES), SUBJECT TO A FAVORABLE -DUE
DILIGENCE BACKGROUND REVIEW OF THE PRINCIPALS
INVOLVED IN THE INTENDED TRANSACTION,. THE TERMS OF
WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF,
IN . CONNECTION WITH THE REDEVELOPMENT OF THE
WATSON ISLAND AIR TERMINAL FACILITY; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE THE TERMS OF ALL
NECESSARY RELATED AGREEMENTS AND TO' PRESENT SAID
AGREEMENTS TO THE CITY COMMISSION FOR ITS REVIEW
AND APPROVAL PRIOR TO EXECUTION.
(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
Commissioner• Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
Chairman Plummer: Can I ask, Mr. Mayor, this other gentleman standing at the microphone who he
represents?
Vice Chairman Gort: The City of Miami.
Mayor Carollo: The City of Miami.
Mr. Gary Leuschner: I am Gary Leuschner with the Department of Real Estate and Economic
Development.
Chairman Plummer: That's nice to know.
Ms. Bianchino: He's one of us.
Mayor Carollo: All right, thank you very much.
31 January 26, 1999
10. DISCUSS / REFER AGENDA ITEM 8 (ESTABLISHING SIXTY-FOUR (64) HOURS PER PAY
PERIOD AS FULL TIME EMPLOYMENT FOR PURPOSES OF COMPUTING HEALTH, SOCIAL
SECURITY AND EMPLOYEE BENEFITS FOR COMMISSIONERS' STAFF) TO CITY MANAGER
TO DETERMINE FINANCIAL IMPACT OF PROPOSAL -- FURTHER INSTRUCTING MANAGER
TO RETURN TO CITY COMMISSION IN 90 DAYS WITH RECOMMENDATIONS -- PERSONAL
APPEARANCE: CHARLIE COX TO DISCUSS SERVICE OF LONG-TERM TEMPORARY
EMPLOYEES.
Mayor Carollo: We are now in item number eight.
Chairman Plummer: That's Teele's.
Mr. Alejandro Vilarello (City Attorney): I believe this is the 64-hour work week issue.
Commissioner Teele: Mr. Chairman, I really would like to hear from the unions, but what we have
researched, we found that many of the cities, Hialeah, Homestead, Miami Beach have a similar provision.
In fact, the provision that is before us is more restrictive than the ones that are in Homestead, and I would
be very interested in hearing the union point of view.
Mayor Carollo: Charlie, we could begin with you, you stood up first.
Mr. Charlie Cox (President, AFSCME (American Federation, State, County, and Municipal Employees):
Charlie Cox, AFSCME, Local 1907. The only thing that I would ask, if you are going to do this, it is
directed for the Miami Commissioners, City Commissioners' offices. We have more than 200 temporary
employees, some of them have been here as long as 23, 25, 28 years. We have temporary employees that
are working 39 hours and that's how they classify, the City classifies them as temporary. We have... For
years they had 99's that don't get their time pension credited in Solid Waste. That is still a dispute that is
going on through the Pension Office. There are all kinds of different classifications for employees in this
City whether they deem them temporary, part-time, casual. And, I think the casual employees are the only
ones that wouldn't fall under this. But, all the other employees that are employees with the City would fall
under this. We have temporaries that, you know they hang on and they hope that they are going to get
employment with this City and they never do. In daycare there is a fine example. There has been a
woman that has been here for 20, I think 26 years now and never had the first benefit. Her whole career
with the City because she works less than 40 hours. Our Operations Division...
Commissioner Teele: And, what office is that in?
Mr. Cox: In daycare.
Commissioner Teele: Is that Parks?
Mr. Cox: I don't know if it's a division of Parks or just an office.
Commissioner Teele: And, you say she has been here how many years?
Mr. Cox: Twenty-six. And, this is not something that just has come up. We have brought this up before.
We have had employees coming before this Commission for many years to try and solve this problem.
And, I would again ask you, if you are going to look at this, to please look at everybody just don't single it
32 January 26, 1999
out for the Commission. I do not address temporaries or part-timers or whatever else the City calls these
people in my contract. Years ago the union did when somebody else was the president, but my fear was
that the union will be sued for not giving any kind of benefit and we don't have any of them as members
in the union. Thank you.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Teele: In light of those comments, obviously I am not prepared to move forward with this
because I think it would create two classes, but at the same time, I am not prepared to move forward with
unintended, unknown consequences which could be significant. So, instead I would ask that... 1 would
move that this matter be forwarded to the Manager to determine the financial impact and to determine the
feasibility of moving forward with a sixty-four or some hour pay period that would be City-wide with an
understanding of the impact. I think it's unconscionable, if it's true that we have had an employee here
for some twenty years that in effect is working well more than twenty-four, twenty-five hours. I mean, it's
one thing if... We had something in the County called Park Rangers, they worked eight hours a week,
twelve hours a week. That's one thing. But, if somebody is really working, in effect, Mr. Mayor, full-
time thirty-two hours, thirty hours, and we are using this as a way. I think we ought to be able to figure
out how to address it, even if it would require a two-tier benefit schedule. That is, the person pays their
own benefits or the person pays a greater percentage of the benefits of a non... of the regular employees.
But, just know that right now our research indicates that the City of Homestead considers twenty to thirty-
nine hours a week and part... as part-time and part-time workers are therefore at twenty hours eligible to
receive benefits. The City of Hialeah considers thirty hours part-time and part-time employees are eligible
for benefits after they have worked for the City for at least one year. And on and on and on. At Dade
County, I know that employees that work thirty, thirty-two hours are considered full-time. And, I think,
Mr. Mayor, Manager, I would like to look at it not as a part-time issue but a definition of full-time,
because I think if we are using one hour, two hours or three hours to deny someone... otherwise benefits,
that's really... Especially over a prolonged period of time that's, that's not where we want to -be and that's
not the City, I think -we want to... to preside over. _So, with all due respect, I would move that the Manager
be asked to come back in the next ninety days with a...
Chairman Plummer: Second.
Mayor Carollo: There is a motion, there is a second. All those in favor...
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Go ahead, Commissioner Gort.
Vice Chairman Gort: Discussion.. My understanding also, there is several openings within the City, and
my understanding is those individuals that... like was stated before, they have been working with the City
for a long time. They are performing well, they are doing a great job. And, I think if there is opportunity
for those people to fill any of the vacancies that we have they should be known. Now, the problem that
we have, a lot of those people work very hard and they don't find out, they are not aware that there are
openings. I would like for the Administration to go beyond the call of duty and let those people on
temporary, let them know that there are openings and if the department director feels that they can qualify
with one of the openings they should inform them and let them apply for it. A lot of them would not apply
because they are not aware that they can apply for other openings. So, would you consider that also,
please, as part of the motion?
33 January 26, 1999
Mr. Donald H. Warshaw (City Manager): I will, Commissioner.
Commissioner Sanchez: Mister...
Mayor Carollo: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman is .this going to pertain to City Hall staff or all City of Miami
employees.
Commissioner Teele: All City.
Commissioner Sanchez: All City employees. Do you think that we could handle the financial impact of
everyone who is going to qualify to fall under that sixty-four hour ruling, Mr. Manager?
Mr. Warshaw: Commissioner, I don't know what the financial impact is but obviously if you were to take
all the two hundred plus part-timers and look at the benefit package that could conceivable include things
like health benefits, pension benefits, there would be a significant cost. But, as Commissioner Teele
asked, we will do that study, come back and look at even the possibility of two-tier with maybe some
limited benefits. For example health benefits and no pension or some combination like that. We will give
it to you in multiple ways.
Commissioner Regalado: If I may, Mr. Mayor?
Mayor Carollo: Go ahead.
Commissioner Regalado: I think that what -you said makes a lot of sense, but we have to also say, I guess
on the... I should say on the record, that most of these part-timers are from the Parks Department. That if
it were not for the part-timers most of the parks would be closed. And, the problem is that throughout the
years the budget of the Parks Department has been reduced and the park is... As a matter of fact, the Parks
Department Director has to juggle, and there are employees who are working twelve hours, thirteen hours
a week, and these are very important people because they know their business and they have been working
in the Parks Department for many, many years. And, all the part-timers of the Parks Department have
been there for more than five years, that's my understanding. So, I think that this is an issue that we
inherited, but in the years past the budget of the Parks Department has been reduced in a way that there is
no way to run the Parks Department with the budget that they have.
Mr. Warshaw: Commissioner, I agree, and I have stated it many times, the Parks Department is an area
that for next year's- budget we need to take a good hard look at operational needs, particularly putting
people in the parks who can work with young people on programs and not just be a land mass with no
activities. And, I have discussed this with Mr. Ruder and we will be looking at that for next year for sure.
Mayor Carollo: OK, hearing no further discussion from the Commission, all in favor signify by saying
:`aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
34 January 26, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-68
A MOTION REFERRING AGENDA ITEM .8 . (PROPOSED
ESTABLISHMENT OF A 64-HOUR PAY PERIOD AS FULL-TIME
EMPLOYMENT, FOR COMMISSIONERS' STAFF) TO THE CITY
MANAGER FOR THE PURPOSE OF CONDUCTING A STUDY TO
DETERMINE THE FINANCIAL IMPACT AND FEASIBILITY OF
MOVING FORWARD WITH THE 64-HOUR PAY PERIOD AS
FULL-TIME EMPLOYMENT; FURTHER DIRECTING THE CITY
MANAGER TO BRING SAID ISSUE BACK BEFORE THE CITY
COMMISSION WITHIN 90 DAYS; FURTHER INSTRUCTING THE
CITY MANAGER TO DIRECT DEPARTMENT DIRECTORS TO
INFORM THOSE EMPLOYEES WHO HAVE LONG-TERM
SERVICE WITH THE CITY IN A TEMPORARY CAPACITY, AS TO
THE AVAILABILITY OF JOB OPENINGS FOR CLASSIFIED
POSITIONS, AS THEY OCCUR.
Upon being seconded by Chairman Plummer, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr:
NAYS: None. _
ABSENT: None.
11. APPROVE URGING CODE ENFORCEMENT BOARD TO IMPOSE ADMINISTRATION AND
PROCESSING FEES' AGAINST THOSE PERSONS OR ENTITIES FOUND GUILTY OF
VIOLATING THE CODE.
Mayor Carollo: We are now on item number nine. A resolution urging the Code Enforcement Board to
impose administration and processing fees.
Chairman Plummer: What is the suggestion or the recommendation of the Manager?
Mr. Donald H. Warshaw (City Manager): This is a legal opinion.
Mr. Alejandro Vilarello (City Attorney): The City Commission asked whether or not it could order the
Code Enforcement Board to impose these fines. I provided the City Commission an opinion that there is
an Attorney General opinion right on point that says that you cannot. However, it does not have... There.
is no prohibition against the City Commission sending a strong message to the Code Enforcement Board
35 January 26, 1999
that when they find individuals guilty that they should impose the administrative fees and the processin;
fees against those individuals, and -this resolution does that. .
Chairman Plummer: How much would it be?
Mr. Vilarello: It would depend ... it would be on a case by case basis. This Commission cannot order them
specifically on any particular amount.
Chairman Plummer: Well, give us an idea of what it cost us to put on the hearing?
Commissioner Sanchez: Yeah. Mr. Chairman.
Mr. Warshaw: I don't know if this is in relation, necessarily .to the cost of the hearing. 1 think it's just
sending a strong message to the Code Enforcement Board that they have some latitudes and your feelings
in terms of what they should be doing. I don't there is a relationship between the cost of the hearing.
Vice Chairman Gort: That's easier for you.
Chairman Plummer: It would seem like to me is what we are trying to do is not make money, but break
even on what the cost of putting on these hearings are. I mean, if it costs us three hundred dollars ($300)
to put on a hearing which I would assure you is not out of. line, then I think that that what's we would be
entitled to, if in fact the, people are guilty.
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): Commissioner, if I might. You,
the Commission had asked us to go back and study the Code Enforcement Board and come up with
recommendations on how we might deal with the problems that we all know exist. We are in the process
of doing that. We are looking at other cities. We are trying to do some real in-depth investigations so that
when we come to you with recommendations they are solid and we are working with the Law Department.
on this. I would suggest to you, Commissioner Plummer that the whole concept of getting back the cost of
running the hearings might be incorporated into our recommendations. I think what was being said today
is, that the Commission is more than able..to send a message right now to the Code Enforcement Board
that they need to be imposing fees upon people and not letting them off which I think is the concern.
Chairman Plummer: Do you think they'll listen?
Vice Chairman Gort: They have to.
Ms. Bianchino: Well, maybe they will, and maybe they won't. But we will be back shortly with some
recommendations on how that should be handled.
Chairman Plummer: I move item nine.
Vice Chairman Gort: Second.
May Carollo: Moved by Commissioner Plummer, seconded by Commissioner Gort. Commissioner
Sanchez? Any further discussion? Hearing...
Commissioner Sanchez: Just, wait, wait.
Mayor Carollo: Go ahead.
36 January 26, 1999
Commissioner Sanchez: Just a question I have. When they go in front of that board, are they...? Do thev
have to pay a fee if they are found guilty as of now? So, there is no possibility of a double standard.
Ms. Fernandez: At this point, the administrative fee was taken out of the ordinance, like five years ago.
So, we don't have an administrative fee now. However, ticketing a fifty dollar.($50) administrative fee is
imposed.
Ms. Bianchino: Commissioner, this would be part of what we bring back to you as recommendations. We
are going to be bringing back to you ordinance changes, Code changes, everything that affects this whole
issue, and that could be part of that package, what you are just suggesting.
Chairman Plummer: The problem is, you are bound by State Statutes.
Ms. Bianchino: That's correct.
Vice Chairman Gort: Let's move it.
Mayor Carollo: All right.
Chairman Plummer:. Ten and eleven.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." It passes unanimously.
The following resolution was introduced by Chairman Plummer, who moved it adoption:
RESOLUTION NO.99-69
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
THE CODE ENFORCEMENT BOARD TO IMPOSE
ADMINISTRATION AND PROCESSING FEES AGAINST THOSE
PERSONS OR ENTITIES FOUND GUILTY OF VIOLATING THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE").
37 January 26, 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr. '
NAYS: None.
ABSENT: None.
12. AUTHORIZE CITY MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT
BETWEEN CITY OF MIAMI AND FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR.,
MIAMI LODGE NO. 2 — FOR PERIOD OF OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2001 -
PERSONAL APPEARANCE: SUE WELLER TO PRESENT HISTORY OF UNIONS' FINANCIAL
CONCESSION DURING CITY'S FINANCIAL CRISIS -- DIRECT CITY MANAGER TO REVIEW
WORKER'S COMPENSATION SYSTEM TO CURTAIL ITS ABUSE.
Mayor Carollo: We are on item number ten, Office of Labor Relations, Sue Weller.
Chairman Plummer: Mr. Mayor, if I may? Ten and eleven basically are of Police and of Fire. I think it is
very important to put upon the record by either the Manager or Sue to bring up a few years of history of
how well, and how great those two unions were to this City in the time of dire need. That in fact, they
gave up raises. They did not take raises they were entitled to, and I think that should be part of the record.
I also think that part of the record should be with the raises that are proposed in these two items are of a
tremendous savings to the City, not someone who has said, that well, we raised the fire fee just to give
these people a raise. That is not true in any way, shape or form because I need to remind some people that
the fire fee solely is going for equipment, it has nothing to do with employees or their salaries. I would
hope, Mr. Mayor, that we could take a few minutes, spread the minutes across that say what happened two
or three years ago and how it's justified in what we are doing here today, or proposed to do here today. I.
assume it's going to pass.
Mr. Warshaw: Mr. Mayor, before Ms. Weller makes her presentation, I would like to just say something
if I can on the record.
Mayor Carollo: Go ahead.
Mr. Warshaw: These negotiations started sometime during the period of time I was serving as Interim
Manager and Police Chief simultaneously. And, because there were articles in this contract, particularly
on the benefits side, that could in some way benefit me, particularly pension and health insurance. I just
want to say for the'record that 1 delegated Ms. Weller the full and total responsibility to negotiate these -
contracts and I have never participated in any ,negotiation sessions whatsoever. I would just like to state
that on the record.
38 January 26, 1999
Mayor Carollo: Ms. Weller.
Ms. R. Sue Weller (Labor Relations Officer): OK. Yes, sir. Sue Weller, Labor Relations Officer. As far
as the history goes, going back a couple of years when the City was in financial trouble, the unions met
with the City Administration, all four unions met with the City Administration and agreed to certain
concessions within their labor agreements. Specifically, Police and Fire. The Fraternal Order of Police.
the concessions that they gave equaled approximately fifteen point three million dollars ($15.300,000).
The concessions that the firefighters gave equaled approximately six million dollars ($6,000.000) in
concessions and that evolved or involved deferral of raises. It was a four percent raise that was deferred
from January of 1997 to September of '98. It also involved the City not having to pay to the health trust
approximately nine hundred thousand dollars ($900,000) a year. It involved not pursuing the replacement
of vehicles that City will require... was required to replace under the labor contracts. It also required the
employees that were driving those take-home vehicles to perform the maintenance on their cars. There
was a number of different areas that the unions agreed to to help the City out of that financial crisis.
Chairman Plummer: So, really the bottom line at that time was, they gave up twenty-one million dollars
($21,000,000) that they were totally... rightly theirs.
Ms. Weller: That's correct.
Chairman Plummer: And, this now that is proposed here today is not anywhere near twenty-one million
dollars ($21,000,000).
Ms. Weller: No, sir.
Chairman Plummer: OK. And, it's a savings to the City in this contract of how much?
Ms. Weller: It's a savings of budgeted dollars approximately eight million dollars ($8,000,000) and of
forty-one million dollars ($41,000,000) in possible liability based upon certain grievances that had been
filed in reference to the concessions. - - -
Chairman Plummer: Thank you.
Commissioner Sanchez: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Sanchez: First of all, I want to commend the City Manager, the staff, also the firefighters
union, the FOP (Fraternal Order of Police) on this contract. You know, it's a fair contract, it truly is. It's
going to basically save the City a lot of money on this contract. One of the things that we need to look at,
and it basically has nothing to do with the contract itself, it's just a concern that 1 continue to remind the
City Administration and my colleagues is the continuation on the ongoing problem with the Workmens'
Compensation which I would like to just elaborate a little bit on that. The City needs to take a firm action
on finding a way to tackle this issue. 1 don't know exactly what percentage of the workers are participating
in the Workers' Comp claim, but it's in the millions of dollars. I have taken it upon myself to consult
with the City Administration, and the Mayor on an issue that we need to address, and it's getting a
company to come in and go after these people that are abusing the Workmens' Compensation. Also, I sat
down with Mr. Rodriguez and Tom on the issue and they are aware of it. But just to elaborate a little bit
on the contract, not referring back. Just alone on the savings of the vehicles, you have to realize that the
vehicles will go from five years to seven years and no limited mileage, that's a big savings. That's
39 January 26, 1999
something that has not been accomplished in a long time. But, the most important factor here is, getting
the message across to the viewers of Channel 9. They need to know that this is a fair contract. And you
are absolutely right, Commissioner Plummer, the unions in the past have made significant sacrifices to
help the City get out of the jam they were in and they need to be recognized for that. I.1 am telling you. I
would be the first to move this, both of these contracts because I believe it's a fair contract, it is good for
the City, I believe it's good for the unions and I believe it's good for the citizens of this City. Thank you.
Mayor Carollo: Thank you.
Chairman Plummer: If no one else has any comments, Mr. Mayor, I move item ten.
Commissioner Teele: I have comments, J.L. I mean...
Chairman Plummer: I am sorry. Sorry.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Teele: Let me understand the parameters. Does this contract go before the Oversight
Board after it's approved by us?
Mayor Carollo: Yes it does.
Ms. Weller: Yes.
Mr. Tony Rodriguez (President, Fraternal Order of Police, Lodge #20): Yes, sir.
Commissioner Teele: Have there been any discussions with the Oversight Board on their views of this
matter, this contract?
Ms. Weller: Yes, Commissioner. I sat down with Robert Beatty and Diane Wright last week and
reviewed the changes and the cost of the contract.
Commissioner Teele: Has the Finance Department and the Budget Department been consulted on this
contract. 1 take under advisement the statements that the Manager he has effectively recused himself from
the negotiations. And, Mr. Manager, I think the statement is always helpful that you put it on the record.
Has the Finance Director and the Budget Director been consulted on this... on these contracts and are they
in support? And, specifically, I am very interested in you discussing briefly the Moody's report as it
relates to this contract. Are their concerns about this contract?
Ms. Weller: The Budget Department has been consulted on this contract, yes, sir. On these contracts.
Commissioner Teele: And, they are in support of the contract?
Ms. Weller: Yes, sir.
Commissioner Teele: Does Budget express or have any statement of concern, not that you should or you
shouldn't, that the employee contribution is being reduced from ten percent to seven percent? -
Mr. Dipak Parekh (Director of Budget): My concern which I elaborated to Ms. Sue Weller earlier was the
concern which I had earlier when the negotiation just started that we were moving for a lowering of the
40 January 26, 1999
amount from employees from normal ten percent to seven percent which is really a thim, percent
decrease. However, once talking to the actuarials from both the City as well as the union, we know we are
working now on a three year averaging which helps the City of Miami. The issue would not be for the
next three years in terms of the life of this particular contract, but if you look out in the future. if the stock
market hypothetically does start losing money, then the concern would be over the five. six. seventh and
eighth year which again, is extremely hard to predict in today's environment because 1 think the City has
done extremely well for both, both for FIPO (Firefighters and Police Officers Retirement Trust) as well as
for GESE (General Employees and Sanitation Employees) in terms of managing the money.
Commissioner Teele: You said the City has done well, or the...?
Mr. Parekh: No, I said the FIFO and the GESE have done well in managing the money.
Commissioner Teele: That's, I think a better... Well, this is my concern, I don't understand the Gates
case. This thing pre -dates me a little bit, and... But, I do know that we have a legal, moral contractual
obligation. And, what has saved us has been the aggressive nature and the, I guess, genius or luck or a
series of things based upon the stock market. Now, as we begin to relinquish the contributions of
employees, is there any kind of fire wall there that if the, if the funds doesn't perform as expected, does
the... do we restore the ten percent contribution or are we just now back looking at maybe contributions
from the City?
Mr. Weller: Commissioner, the... There is no ... there would be no going back to the ten percent. The
seven percent becomes the contribution by the employees. What you have in a sense as a, what you could
term as a fire wall, is that the way the actuaries and the way it's funded is through a three year averaging
of how the fund does. That smoothes out those ups and downs in the earnings.
Commissioner Teele: And, you're comfortable with this?
Ms. Weller: Yes, sir.
Commissioner Teele: And, the union is comfortable? Well, OK.
Mr. Rodriguez: Well, I'll wait... I'll wait on my comments to the end if you want to the end, but...
Commissioner Teele: Would you comment please, on the substantial comments by Moody's about this
upcoming contract, and essentially, I think it's fair to say that Moody's basically in, in reviewing the bond
rating which... Their notation particularly... I would just like to have at least some comfort that since the
management has taken all the credit, or and a lot of the credit and maybe properly so for the Moody's
rating that that the comments and the concerns that Moody had about the upcoming contract have been a
positively and aggressively addressed in this, in this contract. And, their main concern about the financial -
credit worthiness of this City deals primarily with the upcoming contracts or the contracts that are now
before us. And, I want to just be on record as saying I was not in government in the City of Miami over
the last four years, but as a citizen I am very grateful to what the four unions did. Because, had you not
done what you did there wouldn't be a City of Miami today. So I want to be very clear that, that not
withstanding what Moody's is saying, I also am aware of the history of the tremendous sacrifice by the
employees and the union leadership in this City. But, not withstanding that, there are some concerns that
Moody's has and I just want to make sure that we're, we're addressing them.
Mr. Warshaw: Commissioner, I feel comfortable responding to that. In the previous meeting with
Moody's last year, and I don't have a copy of the report in front of me, but I recall the note, they were
41 January 26, 1999
concerned about two things. Number one, that the City had signed and sealed contracts with all of its
labor unions and didn't drag these things on forever so that a complete financial picture would be able to
be seen. And, number two, they commented on and had discussed with me previously their concerns that
in past years, the City had negotiated contracts with some of the unions in which they characterized it as
the City gave away a lot of its management rights and wasn't.really bargaining in the best interest of the
City and the union simultaneously. And, I think we can say that, you know, we have tried to change that,
not just with these two contracts but with the GESE and the sanitation workers contract that there was a
concerted effort to ensure that the interest of the City as well as the interest of the employees were taken
into account, that the City was protected. That some of the things that happened in past years, you know
would be shored up and wouldn't happen again.
Commissioner Teele: In their twelve twenty-nine ninety-eight report which has been, I think widely
reported and, including editorial. Moody's expressed a concern about the negotiations indicating that the
City in the past has negotiated the way you said, and their concern is the inability of the City to implement
lay-off. Is there anything that would prohibit lay-offs in this contract, in these contracts? Additionally,
they were concerned about the minimum manning requirements in service levels. Additionally, they
expressed concerns about a preclusion of certain privatization options, and then they expressed concern
about the City finance administration and, and the consolidation. Have we taken the Moody's concerns
into account in this contract?
Ms. Weller: - Yes, Commissioner, for the most part we have. The lay-off language that you are referring
and the privatization issues you are referring to...
Commissioner Teele: I am not reading... I mean, I am only from them. This is their document, not
mine.
Ms. Weller: I understand.
Commissioner Teele: Yeah.
Ms. Weller: But, those two areas that you brought up, were specifically issues that were in the Sanitation
and the...
Chairman Plummer: Yeah.
Ms. Weller: ...General Employees contracts, OK. As far as the minimum manning, that is an issue that
was in the Fire Department or in the Fire contract and that issue is still -there.
Commissioner. Teele:. All right, well, again I think that you know, we have hired professionals to
negotiate a contract, and if the Manager and you are saying that you are satisfied. If the Finance
Department and Budget are satisfied then I am; as my grandmother would say "I am glorified", so I am
with you.
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: Go ahead, Commissioner Gort.
Vice Chairman Gort: My understanding is, that we had a five year projection budget that was accepted
by us and this is part of that budget for what you are saying.
42 January 26, 1999
Ms. Weller: Yes, Commissioner, other than...
Vice Chairman Gort: Compliance with the budget we put together.
Ms. Weller: Other than for this first... The first year of this contract there is a cost.
Vice Chairman Gort: Right, I understand, but the rest will go on. Well, I would like is for you to go into
detail, the summary that we have in here, I think it's very important for the public and for the people to
understand it. This one sheet that we have in front of us that shows the savings and the...
Ms. Weller: You want me to list the various benefits or just what the savings for each year...?
Vice Chairman Gort: What the savings for each year would be.
Ms. Weller: Yes, sir. OK, the budgeted savings going across each year of the contract. The first year is
a three hundred, there is a cost of three hundred and fifty-two thousand dollars and five hundred and
ninety-seven dollars ($352,597). The second year of the contract which is for fiscal 1999-2000, there is a
savings of three point seven million dollars ($3,700,000). For the third year of the contract fiscal year
2000-2001, there is a four point six million dollars ($4,600,000) savings for a total of eight million
dollars ($8,000,000) over the life of the three-year agreement. In addition, as far as possible liability to
the City that has been wiped out as a result of these negotiations, that possible liability was in the first
year of the contract for fiscal year `98-'99 would have been thirty-two point eight million dollars
($32,800,000). The second year of the contract, again fiscal year 1999-2000, that would... it was a four
point six million dollars ($4,600,000) savings and fiscal year 2000-2001, a three point six million dollars
($3,600,000) savings where we come up with the forty-one million dollar ($41,000,000) savings in
possible liability over the three-year term of the agreements, of both agreements, Police and Fire.
Vice Chairman Gort: Thank you.
Chairman Plummer: Again, Mr. Mayor, I move.
Mayor Carollo: There is a motion, there is a second. Before we vote upon it if I can give the opportunity
to Tony Rodriguez, the President of the FOP (Fraternal Order of Police)...
Chairman Plummer: Then maybe, I'll change my mind.
Mayor Carollo: ...to address this body, and I'll reserve...
Mr. Rodriguez: Mayor, I have no comment at this point.
Mayor Carollo: I reserve my statements for the end.
Mr. Rodriguez: I have no comment, I was just hear to answer any questions that you and the
Commission might have, and at this juncture I see that there is none. So, I have no comments.
Chairman Plummer: He's getting verysmart in his old age.
Mayor Carollo: Yeah. I will proffer the same opportunity for the President of the Fire Fighters Union.
Boy, I never have seen you guys so quite, ever.
43 January 26, 1999
Vice Chairman Gort: They have been talking for a year now.
Mayor Carollo: Anyway, before we vote, as I give the gavel to the Chair for a minute, I would just like
to state for the record that every, every city in America should be as lucky as we are to have union
representatives for their top city unions that have served the City so well, have been so loyal to the Cite
of Miami, and have truly placed the City's interest first. They have shown the loyalty, professionalism,
the integrity that goes truly above and beyond the call of duty. If it hadn't been for their efforts, this City
would have had a heck of a time in getting through the two worst years of our financial crisis. And.
frankly, the terms that they worked so hard to conclude here today have been extremely fair to this Cite
and as we have shown here today is going to save the City approximately eight million dollars
($8,000,000) maybe more if we take some other... some of the other statements that were made here into
consideration. So, I personally would like to extend to both of you, to Armando and the others that
worked in this, a personal thanks. You guys have kept your word to me every single time, and I feel very
proud that we have individuals like you serving the City. Thank you.
Chairman Plummer: Just for the record, Mr. Mayor, the only thing... The Gates lawsuit is probably the
only thing that was here before me.
Vice Chairman Gort: I don't know about that.
Commissioner Sanchez: I don't know about that.
Vice Chairman Gort: I don't think there is anything before you.
Commissioner Teele: The Pan Am bridge was here before you.
Mayor Carollo: Hearing no further...
Chairman Plummer: That was London Bridge.
Mayor Carollo: ... statements, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO.99-70
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS
THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY,
JR., MIAMI LODGE NO. 20, FOR THE .PERIOD OF OCTOBER 1,
1998, THROUGH SEPTEMBER 30, 2001.
44 January 26, 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
13. AUTHORIZE CITY MANAGER TO ENTER INTO COLLECTIVE BARGAINING
AGREEMENT BETWEEN CITY OF MIAMI AND INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, LOCAL 587 — FOR PERIOD OF OCTOBER 1, 1998 THROUGH
SEPTEMBER 30, 2001.
Chairman Plummer: I move item eleven.
Mayor Carollo: Motion on item eleven, a companion item.
Commissioner Sanchez: Second.
Mayor Carollo: Second by Commissioner Sanchez. All those in favor signify by saying "aye."
The Commission (Collectively): Aye. -
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-71
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-
CIO, LOCAL 587, FOR THE PERIOD OF OCTOBER 1, 1998
THROUGH SEPTEMBER 30, 2001.
45 January 26, 1999
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
14. APPROVE EMERGENCY ORDINANCE AMENDING SECTIONS 40-191, 40-196, 40-202, 40-
203, AND 40-205 OF CODE — BY PROVIDING FOR INCREASED PENSION MULTIPLIER — A
RULE OF 64 RETIREMENT — A CAP FOR RETIREMENT ALLOWANCES — A DEFERRED
RETIREMENT OPTION PROGRAM (DROP) — A REDUCED EMPLOYEE CONTRIBUTION — THE
ESTABLISHMENT OF INDIVIDUAL CONTRIBUTION ACCOUNTS — REMOVAL OF
INVESTMENT RESTRICTIONS TO THE EXTENT PERMISSIBLE BY LAW — RELEASING THE
CITY OF MIAMI FROM THE OBLIGATION OF INVESTMENT EXPENSES.
Mayor Carollo: We are now in item twelve
Chairman Plummer: Move item twelve.
Mayor Carollo: Emergency Ordinance, four -fifths vote._ It's been moved by Commissioner Plummer.
Vice Chairman Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Hearing no further statements or questions, can you
read the ordinance, Mr. City Attorney.
Mayor Carollo: OK, call the roll.
46 January 26, 1999
An Ordinance entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING SECTIONS 40-191, 40-195, 40-196. 40-
202, 40-203, AND 40-205 'OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY PROVIDING FOR AN INCREASED
PENSION MULTIPLIER; A RULE OF 64 RETIREMENT; A CAP
FOR RETIREMENT ALLOWANCES; A DEFERRED RETIREMENT
OPTION PROGRAM (DROP); A REDUCED EMPLOYEE
CONTRIBUTION; THE ESTABLISHMENT OF INDIVIDUAL
CONTRIBUTION ACCOUNTS; REMOVAL OF INVESTMENT
RESTRICTIONS TO THE EXTENT PERMISSIBLE BY LAW; AND
RELEASING THE CITY OF MIAMI FROM THE OBLIGATION OF
INVESTMENT EXPENSES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
was introduced by Chairman Plummer, and seconded by Vice Chairman 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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Chairman Plummer and seconded by Vice
Chairman Gort, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11752
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.
47 January 26, 1999
15. DISCUSS / REFER TO CITY MANAGER FOR EVALUATION RENEGOTIATING OF LEASE
WITH COCONUT GROVE SAILING CLUB.
Mayor Carollo: Thirteen has been withdrawn and now we are in item number fourteen.
Chairman Plummer: Mr. Mayor, I bring this to the table. I was visited by some people from the Coconut
Grove Sailing Club. They want to make some improvements and their lease is, 1 think to run out in about
another six or eight months.
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): March 25, year 2000.
Chairman Plummer: OK. And, what they would like to do, they started to go into some negotiations.
then the negotiations stopped. They have forwarded to my office which I will be forwarding to your
office any number of things they do on behalf of the community, and all I am asking in this is that we
start talking again to try and get where it's going to go. Whether a renewal is possible, which I think it is.
but we will have to see. But, all I am asking is, is to kick start the talks and the discussion again so that
we can bring it to some kind of a conclusion.
Commissioner Sanchez: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Sanchez: I believe one of their concerns was that the contract is coming up and they are
uncertain what's going to be the outcome of it. Their membership is basically in jeopardy. People are not
joining the club because they think that they may not be obtaining a lease from the City, so they also
contacted me on that matter and there is some concern. I would ask the City administrators to look into
this matter.
Mayor Carollo: That's fine. Since Chairman Plummer still has the gavel, if I can just make this
statement for the record. I think it's appropriate to start looking at this particular lease at this point in
time since we are slightly well over a year before it's up. It's a good time to start now. I would just like
to state for the record, it's a reminder that business is not going to be done as in the past. We have to get
a fair market value for whatever properties we have and at the end of the day we still have to meet the
scrutiny of an Oversight Board that's going to make sure of that. So, keeping that in mind, I think we
should move forward.
16. DEFER APPOINTMENTS TO HEALTH FACILITY AUTHORITY
Mayor Carollo: All right, item fifteen, sixteen has been withdrawn.
Chairman Plummer: We are into appointments now.
Mayor Carollo: Appointments. Item seventeen.
Chairman Plummer: I pass on seventeen.
Mayor Carollo: OK, go ahead and carry the appointments, J.L. I'll be right over here.
48 January 26, 1999
Chairman Plummer: All right.. Does anyone...? On appointments on seventeen, the Health Facilities
Authority. Sanchez?
Commissioner Sanchez: I will pass at this time, Mr. Chairman.
Chairman Plummer: Teele?
Commissioner Teele: Pass.
Chairman Plummer: And, Regalado?
Commissioner Regalado: Deferred, please.
Chairman Plummer: OK, all of seventeen is deferred.
17. APPOINT RAY MARTINEZ TO HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD.
Chairman Plummer: Eighteen is the Historic Environmental Preservation. Regalado?
Commissioner Regalado: Ray Martinez.
Chairman Plummer: Ray Martinez.
Vice Chairman Gort: Where are we at? What did I miss?
Mr. Walter J. Foeman (City Clerk): Mr. Chairman, he will need a waiver, also. So, the waiver would be
included.
Chairman Plummer: OK. Commissioner Sanchez?
Commissioner Sanchez: Yes, Mr. Chairman, I do have one appointee, and that would be Frank Martinez.
Chairman Plummer: Frank Martinez. Well, we have got two Martinez, now.
Mr. Foeman: Commissioner, excuse me. He's not on that... That's an application board. He would
have to be included in one of the categories.
Commissioner Sanchez: All right, I will... Can I get him to reapply, or can...?
Mr. Foeman: Sure.
Commissioner Sanchez: OK, I ask that you reapply?
Mr. Foeman: OK.
Vice Chairman Gort: Which one are you at?
Chairman Plummer: We are on eighteen right now. Well, let me... Can I ask a question? Mr. Clerk...
49 January 26, 1999
Mr. Foeman: Yes.
Chairman Plummer: ... on Raul Rodriguez, his term expired. can I reappoint him?
Mr. Foeman: He didn't reapply Commissioner. We can go back out if the intent is to have him to re...
Chairman Plummer: But what I was going to try to do was to allow Mr. Sanchez to appoint whoever he
wanted as a citizen and I would take the architectural design for Mr. Martinez, Raul Mar... Raul
Rodriguez.
Mr. Foeman: All of these categories, there are applications, and so they would have to actually fill out an
application for the category as an application requirement.
Chairman Plummer: All right. Mr. Teele, you have landscape architect and real estate broker. Do you
have any names at this time
Commissioner Teele: Yes, Dave Alvarez, is Dave Wilford Alvarez...? [inaudible]
Mr. Foeman: The only applications that we have received for Commissioner Teele was the real estate
broker seat and that was Randy Koroglu. As to the landscape architect, we didn't receive any
applications on file.
Commissioner Teele: None.
Chairman Plummer: OK, now here again, what do I do about Raul Rodriguez?
Mr. Foeman: We can open up the application process again, and...
Chairman Plummer: Please do so.
Mr. Foeman: OK.
Chairman Plummer: OK, we are now over to item nineteen, Latin Quarter Review.
Mr. Foeman: Commish... Chairman Plummer.
Chairman Plummer: Yes.
Mr. Foeman: Can we have the roll call on Rey Martinez and the waiver?
Chairman Plummer: All those in favor on the names proffered on item eighteen?
Commissioner Regalado: And the waiver.
Chairman Plummer: I am sorry.
Commissioner Regalado: And the waiver.
Chairman Plummer: And the waiver. All in favor say "aye."
50 January 26, 1999
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO.99-72
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
FOR A TERM 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
18. APPOINT ELVIRA DAGO TO LATIN QUARTER REVIEW BOARD.
Chairman Plummer: Nineteen is the Latin Quarter Review Board. Teele you have an appointment?
Commissioner Teele: No appointment.
Chairman Plummer: Pass. Regalado?
Commissioner Regalado: Elvira Dago.
Chairman Plummer: And, Plummer will pass. All those in favor of the names proffered say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
51 January 26, 1999
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 99-73
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER
OF THE LATIN QUARTER REVIEW BOARD FOR A TERM 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
-Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
19. APPOINT NAMES PROFFERED TO COMMISSION ON STATUS OF WOMEN
Chairman Plummer: Status of Women. Item number twenty. Teele, you have any appointments?
Commissioner Teele: Stand by, I do.
Chairman Plummer: You do or you -do not?
Commissioner Teele: I had one here. Tiffani Lee.
Chairman Plummer: All right, that's one. Do you have a second?
Commissioner Teele: Temporarily pass.
Chairman Plummer: All right. On the second one. Mr. Sanchez?
Commissioner Sanchez: Commission on the Status of Women, two. Ana Maria Chartians.
Vice Chairman Gort: Chartians.
Commissioner Sanchez: Yes. And...
Vice Chairman Gort: Nilsa....
52 January 26, 1999
Commissioner Sanchez: Nilsa Velasquez.
Chairman Plummer: OK, Mr. Gort.
Vice Chairman Gort: Pass.
Chairman Plummer: Passes. Mr. Teele, may I ask of you sir, if you would have no objection if I
appointed Sally Jude? Mr. Teele?
Commissioner Teele: No, not for your appointment, I don't.... anybody makes.
Chairman Plummer: Well, but it's under your name, sir that you had previously appointed.
Mr. Walter J. Foeman (City Clerk): Her term has expired.
Chairman Plummer: All right, then my appointment will be Sally Jude.
Mr. Foeman: OK, all- right.
Chairman Plummer: All in favor of the names proffered say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-74
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN
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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
[NOTE FOR THE RECORD: AGENDA ITEM 21 — APPOINTMENTS FOR STREET
CODESIGNATION HAS BEEN DEFERRED.]
53 January 26, 1999
Chairman Plummer: Street Codesignation, Mr. Sanchez.
Commissioner Sanchez: Deferred.
20. APPOINT RICHARD BUNNELL TO WATERFRONT ADVISORY BOARD. 71
Chairman Plummer: Waterfront Advisory Board. I am in a dilemma. I thought we had two appointments
there, and I have got two people to appoint and they are both very, very good people.
Mr. Walter J. Foeman (City Clerk): Well, we only had one vacant appointment and that's Captain
Pedreo.
Chairman Plummer: He resigned.
Mr. Foeman: Yeah, to replace his seat.
Chairman Plummer: Now, do we have one for an alternate? Is that where I am confused?
Mr. Foeman: The board is completely filled at this point. There are no vacancies other than this one.
Chairman Plummer: All right, I am going to at this time, appoint Dick Bunnell, all right. But, I also
want to appoint to appoint Robert Graniff. But Bunnell is the previous'chairman and Mr. Graniff maybe
would want to be somewhere else.
Mr. Foeman: There is only one vacancy.
Chairman Plummer: OK, I understand. Put Mr. Bunnell on the Waterfront Board.
Mr. Foeman: OK.
Chairman Plummer: And, I'll get... I'll get with Mr. Graniff for something else.
Mr. Foeman: Can we have a roll call on that one?
Chairman Plummer: All those in favor of the name proffered say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: Opposition? Show unanimous ballot.
54 January 26, 1999
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-75
A RESOLUTION APPOINTING AN INDIVIDUAL AS A REGULAR
MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM 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 Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
21. APPOINT AGUSTIN DOMINGUEZ TO CITY OF MIAMI AFFORDABLE HOUSING
ADVISORY COMMITTEE.
Chairman Plummer: Item 23, Affordable Housing. Sanchez defers. Citizens at Large, does anybody
have any names? If not, it is passed over to the next meeting.
Vice Chairman Gort: How about...?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Agustin Dominguez whose term expired?
Chairman Plummer: I am sorry?
Vice Chairman Gort: Agustin Dominguez, at large. He's been serving there for quite a bit and he's with
the...
Chairman Plummer: All right, sir. And, you want to proffer his name now?
Vice Chairman Gort: Yes, I do.
Chairman Plummer: All right, sir. And, so then in fact, all in favor of the name proffered say "aye."
The Commission (Collectively): Aye.
55 January 26, 1999
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-76
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS MEMBER OF THE CITY OF
MIAMI AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A
TERM 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
22. APPOINT THORN GRAFTON / JUAN ZUBILLAGA / ROBERT CHISHOLM TO URBAN
DEVELOPMENT REVIEW BOARD.
Chairman Plummer: We are now on item twenty-four. Commissioner Teele, this is for Urban
Development.
Commissioner Teele: Has Wolfberg? Did he reapply?
Mr. Walter J. Foeman (City Clerk): No, it's not... You can select whoever you wish. He didn't... His
term has expired and you may reappoint him if that's your desire. He can be reappointed if you want to
add him.
Chairman Plummer: Reappointed? -
Commissioner Teele: I'll wait.
Chairman Plummer: Pass. Regalado?
Commissioner Regalado: Juan J. Zubillaga.
Chairman Plummer: If you can spell that one it's a miracle. Mr. Gort.
Vice Chairman Gort: Mr. Chairman.
56 January 26, 1999
Commissioner Regalado: Z-U-B-I-L-L-I-G-A.
Vice Chairman Gort: It's in here. It's... It's right here people.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort:. I have a question. Robert Chisholm, he's been serving for a long time, did he
reapply -or not? .
Chairman Plummer: You can give a waiver.
Mr. Foeman: This is not... In this particular instance, this board, the Commission has the discretion. We
have applications on file, but you are not bound by those applications, so you may reappoint him.
Vice Chairman Gort: 1 would like to reappoint him and ask fora waiver of residence.
Mr. Foeman: OK. OK.
Chairman Plummer: OK, that will be included in the motion. Mr. Sanchez?
Commissioner Sanchez: Where are we at?
Chairman Plummer: We are on item twenty-four.
Commissioner Sanchez: Defer both of them.
Chairman Plummer: What are you doing, Mr. Sanchez?
Commissioner Sanchez: I deferred both of them.
Chairman Plummer: All right. I will nominate as one of mine, Thorn Grafton. OK, including a waiver
as required on the one, all in favor of the names proffered say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
57 January 26, 1999
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO.99-77
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS
OF THE URBAN DEVELOPMENT REVIEW 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 Vice Chairman Gort the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele,'Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
23. APPOINT DORIS SCHEER / STEVE POLAKOFF / JAMES CHIPMAN BLACK / JOSE
ARNAEZ / FRANK LENGYEL TO PLANNING ADVISORY BOARD - FURTHER ADVISING CITY
CLERK TO READVERTISE.
Chairman Plummer: Item twenty-five, Planning Advisory Board. Mr. Gort?
Vice Chairman Gort: Jose Arnaez.
Chairman Plummer: You have two, sir.
Vice Chairman Gort: I'll waive on the other one.
Chairman Plummer: All right, Mr. Sanchez, you have one regular and one alternative.
Ms. Teresita Fernandez (Director/Hearing Boards): What was the name, Mr. Gort?
Vice Chairman Gort: Jose Arnaez.
Ms. Fernandez: I don't see him in the list of the applicants.
Mr. Walter J. Foeman (City Clerk): Yeah, he... He...
Ms. Fernandez: You... He did?
58 January 26, 1999
Mr. Foeman: We have it.. -Yeah, we have it on file.
Vice Chairman Gort: All the present appointments, they all have to re...
Mr. Foeman: This is an application board and they have to apply.
Vice Chairman Gort: They have to reapply again.
Mr. Foe►nan: Yes.
Vice Chairman Gort: OK.
Chairman Plummer: All right, Mr. Sanchez, a regular...
Commissioner Teele: Isn't this the board... Mr. Chairman...
Chairman Plummer: Mr. Teele.
Commissioner Teele: Isn't this the board that we have had some criticism about not having...
Chairman Plummer: Not having quorums. That's correct, sir.
Commissioner Teele: ... quorums because we haven't appointed...
Chairman Plummer: That's correct, sir.
Commissioner Teele: No, no. This was the Planning Advisory Board has had serious problems and at
some point, I think they only had four members or five members. You are the Director of Boards, right?
Chairman Plummer: Not even... Not even sufficient for a quorum.
Ms. Fernandez: Yes, we need five persons for a quorum.
Chairman Plummer: OK.
Commissioner Teele: How many current members of that board do you have now?
Ms. Fernandez; I believe that at this time we have either six or seven and all of them needs to be
reappointed.
Commissioner Teele: All of these people... To be on this board you have to apply, is that correct?
Ms. Fernandez: That's correct, Mr. Teele.
Chairman Plummer: Yes.
Commissioner Teele: And there are nine people that have applied for ten slots, right?
Ms. Fernandez: That's correct. I don't know, 1... That's just the list I have.
59 January 26, 1999
Chairman Plummer: Hey, Sanchez.
Ms. Fernandez: Mr. Foeman has more names.
Mr. Foeman: The names that I have passed out are the nine that have applied so far.
Chairman Plummer: All right, Mr. Teele, do you have any appointments?
Commissioner Teele: Yes.
Vice Chairman Gort: I have both of mine there.
Chairman Plummer: All right, well hold on, I am giving Sanchez:.. Teele...
Commissioner Teele: James Chipman Black.
Chairman Plummer: Chip Black is one.
Ms. Fernandez: Yes.
Chairman Plummer: Just one at this time?
Commissioner Teele: Yes, sir.
Chairman Plummer: All right, Mr. Gort?
Vice Chairman Gort: I already did.
Chairman Plummer: OK, Mr. Sanchez?
Commissioner Sanchez: Yes, sir. I will reappoint Frank Lengyel, and also ask the City Clerk to
readvertise for Dana Minor.
Chairman Plummer: Mr. Regalado.
Mr. Foeman: I can go back out -and readvertise.
Commissioner Sanchez: Huh?
Mr. Foeman: I can go back out and readvertise and she can apply.
Commissioner Sanchez: He, he can apply.
Mr. Foeman: He, he can apply.
Chairman Plummer: Mr. Regalado?
60 - January 26, 1999
Commissioner Regalado: I need the City Clerk to readvertise because two... one person who is currently
on the board did not apply. It was her understanding that she could serve anymore, but apparently she
can.
Mr. Foeman: Yes, I think the City Attorney has ruled on that person, yeah.
Commissioner Regalado: The City Attorney ruled that she can...
Ms. Fernandez: Mr. Regalado, I explained that to her that, that she was allowed to apply.
Commissioner Regalado: But she needs to reapply. She has not reapplied, so... and she wants to be on
that board. So, we need to readvertise that and the same thing on the Zoning Board.
Mr. Foeman: OK. That's the next item.
Chairman Plummer: You are saying a City employee can serve on a Planning Board?
Ms. Fernandez: Yes.
Mr. Joel E. Maxwell (Assistant City Attorney): Yes, there is...
Commissioner Regalado: She is not a City employee.
Ms. Fernandez: She is not a City employee.
Chairman Plummer: Oh.
Commissioner Regalado: We are not talking about a City employee here.
Chairman Plummer: -OK. .
Mr. Maxwell: But a City employee may serve on the board, sir., About a year ago you adopted an
ordinance doing that.
Chairman Plummer: All right, my two... My two appointments are Doris Sheer and Steven Polakoff.
All names that have been proffered - not - [sic] All names that have been proffered, are any waivers
needed? No waivers are needed. All names that are proffered be accepted by saying "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposites? Show it unanimous.
61 January 26, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-78
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
REGULAR MEMBERS OF THE PLANNING 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
24. APPOINT HUMBERTO PELLON / CHARLES FLOWERS / GLORIA BASILA / FIDEL PEREZ
IUVENAL PINA TO ZONING BOARD — FURTHER ADVISING CITY CLERK TO READVERTISE.
Chairman Plummer: Zoning Board, Mr. Gort, two. I am sorry, one and an alternate.
Vice Chairman Gort: Eh, no, I have two. Humberto Pellon-and I waive the other one until next meeting.
Chairman Plummer: OK, well here, just so you know.
Commissioner Teele: These are some of the same names that applied for the Planning Board.
Chairman Plummer: Yes, sir...
Mr. Walter J. Foeman (City Clerk): Yes
Chairman Plummer: ... that's always the case. Mister...
Commissioner Teele: They can serve on both?
Mr. Foeman: No.
Chairman Plummer: Mister Teele.
Mr. Foeman: If they don't get one, they opt to serve on the others.
62 January 26, 1999
Commissioner Teele: Charles Flowers.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Flowers.
Chairman Plummer: Mr. Flowers. And, the other one?
Commissioner Teele: Pass.
Chairman Plummer: Pass. Mr. Regalado?
Commissioner Regalado: Mr. Chairman, we need to readvertise. There are two persons that are
interested but did not...
Chairman Plummer: Give the names to the,Clerk.
Mr. Foeman: Just direct me to go back out and readvertise.
Commissioner Regalado: OK.
Chairman Plummer: All right. Mr. Sanchez?
Commissioner Sanchez: Fidel A. Perez and Juvenal A. Pina.
Chairman Plummer: All right. My one will be Gloria Basila and I'll pass on the second one. OK, all in
favor of the names proffered say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-79
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF
THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN.
63 January 26, 1999
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
25. DEFER APPOINTMENTS TO INDEPENDENT COMMUNITY REDEVELOPMENT AGENCY
AND U.S. HOUSING AND URBAN DEVELOPMENT FUNDING POLICY PROGRAM AND
PROCEDURES REVIEW COMMITTEE (INDEPENDENT REVIEW COMMITTEE) — DIRECT CITY
ATTORNEY TO CLARIFY DATA AND MEET WITH COMMISSIONER TEELE BEFORE
RESCHEDULING ON COMMISSION AGENDA..
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Chairman Plummer: On twenty-seven, I ask that this item be deferred, sent back to the City Attorney.
Chairman Plummer: Item is deferred. It's a request of Mr. Teele...
Commissioner Teele: To go to the City Attorney because there is confusion about this and including the
effective date. But, this is not...
Chairman Plummer: OK.
Commissioner Teele: This is not what was agreed on. Mr. Attorney.
Chairman Plummer: All right, Mr. City Attorney you will get with Mr. Teele before it comes back
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
126. APPOINT BARBARA LANGE TO COCONUT GROVE PARKING ADVISORY COMMITTEE.
Chairman Plummer: Grove Parking Advisory Board, Commission at -Large. May I suggest without
saying a name that we pick somebody from the south end of the Grove business district who feel that
they have been left out. (Inaudible).
Commissioner Teele: When did you worry about people feeling left out?
64 January 26, 1999
Chairman Plummer: The what?
Commissioner Teele: When it's in your district.
Chairman Plummer: No, excuse me. It is in my district, but the parking structure is going to go in the
north end of the Grove.
Commissioner Teele: Can...? Do you have a name?
Chairman Plummer: No, sir. I didn't really want to proffer a name, you know. But. I would just like to
see somebody from the south end of the Grove who would be involved. I'll proffer, Barbara Lange.
Commissioner Teele: Second.
Chairman Plummer: OK, name is offered and proffered of Barbara Lange, and that... All in favor say
«aye „
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO.99-80
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER
OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE
FOR A TERM 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
65 January 26, 1999
27. A. DIRECT ADMINISTRATION TO MEET WITH DR. LAURINUS PIERRE IN CONNECTION
WITH CENTER FOR HAITIAN STUDIES BUILDING LOCATED AT 8260 N.W. 2ND AVENUE.
Chairman Plummer: Is there any other matters to come before this Commission? We will recon...
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Pocket items.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, let me ask the Manager. In the last Commission meeting there was
a request and I have a copy of it here for you from the Clerk, that at the next Commission meeting, which .
is this one, that there will be a discussion and a motion regarding this issue relating to the Center for
Haitian Studies. I have seen some memos by Commissioner Plummer, et cetera. I would like, if after
lunch we could come back to this please; Mr. Manager, because I think we need to bring some question
on it.
28. (A). DIRECT CITY MANAGER TO INSTRUCT ADMINISTRATION TO MEET WITH MS.
NARY IN CONNECTION WITH SUPER SUDS LAUNDROMAT'S ROOF REPAIRS IN
OVERTOWN SHOPPING CENTER.
(B). DIRECT CITY ATTORNEY TO INCLUDE REVERTER CLAUSE IN ALL FUTURE LEASE
AGREEMENTS IN CASE LEESEES DEFAULT.
Commissioner Teele: My pocket item relates to again, is Dena here?
Mr. Donald H. Warshaw (City Manager): Yes, sir.
Chairman Plummer: Yeah.
Commissioner Teele: My pocket item relates essentially to a request, and that is relating to the Super
Suds Laundromat. Now, the City owns a building and the building is on P Avenue in Overtown, OK.
And, it's called the Overtown Shopping Center. ' I know that one of the Overtown Advisory Board
members are here. But, the problem is this, is that the roof just doesn't work. Now, you know we are
trying to help people get in business, and we are trying to do a series of things, is there a solution on the
roof? What is the City going to do and how can we resolve this issue? This has been going on at least
for seven months now. I remember the lady coming here... Isn't she a police officer?
Mr. Warshaw: Yes, she is.
Commissioner Teele: All right. Coming here about seven months ago, and we are still trying to get a
simple agreement and.lease. Dena, what's the solution?
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): Commissioner Teele, the
Manager has asked us to put together a Capital Improvement budget for the Overtown Shopping Center.
We are aware that it is in dire need of improvement. We will facilitate the roof issue because, obviously
-that.affects the tenants most, but we are going to be putting together a program- for the total improvement
of the shopping center.
66 - January 26, 1999
Mr. Warshaw: I would like to add something, Commissioner. About two weeks ago I met on a Saturday
with the St. John's Community Development group:and they brought to my attention, a= lot of the history
about that shopping center and it's in disrepair and we are looking at a plan to try to, you know. bring it
up to something that the community can be proud of because I . know it's been neglected many, many
years. And, I am- particularly familiar with the laundromat issue where Marva Wiley and my staff has
been, you know, working with the Anita Notchee [phonetic] but we have a lot of work to do on that
shopping center.
Commissioner Teele: Could Ms. Najiy meet with Ms. Bianchino after this meeting and could we try to
bring this to some consensus?
Mr. Warshaw: Yes, sir.
Chairman Plummer: I would hope that you are also going to include in the second meeting, Dena to meet
with Dr. Pierre.
Commissioner Teele' Well, that's what he said he was going to get back to after the... after the lunch
break, he would get back to us and give us a report today on Dr. Pierre.
Chairman Plummer: All right. And, thirdly, Mr. Manager, I want to make sure that we are not, what's
the word I want? We are not deviating from the norm. And, that norm is, that anytime we give money,
for property acquisition or property that a reverter is in every one of those contracts that say that in fact,
if it defaults or goes under, it comes back to the property of the City of Miami. Mr. City... I am sorry,
are you finished, sir?
Commissioner Teele: Well...
Chairman Plummer: While you're thinking...
Commissioner Teele: J.L., what you need though is something much stronger than what you have just
said, because...
Chairman Plummer: All right, well then...
Commissioner Teele: Because, let me tell you, you know, I don't even know if it's good public policy,
but if it's going to be good public policy for one group it's got to be good public policy for all the groups.
Chairman Plummer: That's what I am trying to make sure.
Commissioner Teele: But in effect what we are saying is, that there is a restriction in the deed that
precludes them from being able to...
Chairman Plummer: Benefit.
Commissioner Teele: ... to sell it, borrow on it or do any of the things that you are talking about.
Because somebody... If somebody wants to aufiscate and get around what you are saying all they got to
do is just go out and put a big mortgage on the building or a big mortgage on a piece of property and
walk away from it.
67 January 26, 1999
Chairman Plummer: Well, then, that's what we need to do, is to put all of those safeguards in there.
29. DIRECT CITY ATTORNEY TO PROVIDE COMMISSION WITH UPDATE ON STATUS OF
WYNWOOD FREE TRADE ZONE FORECLOSURE.
Chairman Plummer: Mr. City Attorney, can you give me a one minute dissertation on where we are with
the Wynwood Free Trade Zone in default?
Mr. Alejandro Vilarello (City Attorney): We, the City... We have notified them of the default. We have
done all the appropriate notifications which are required. We are currently... The Administration is
currently trying to identify funds with regard to the foreclosure. As soon as they provide us that
information, we will be able to start the foreclosure lawsuit.
Chairman Plummer: And about how long is that going to take, normal? Because 1 understand that the
people who put up or the people who were initially involved are not going to fight it.
Mr. Vilarello: We have had several different conversations. The initial conversation was that they
would perhaps consent to the foreclosure which would mean the process could be expedited. But they
have recently had additional correspondence I believe with the City asking the City to consider other
options. So...
Chairman Plummer: Well, my concern is, here is a ten million dollar ($10,000,000) facility that today is
completed and starting to deteriorate. And, if we're... because they have no clients, they have nothing
going on in there except a security guard with a golf cart with two flat tires, and I am concerned that if
we are going to be taking it back over, I don't want it to deteriorate to such an extent that in fact, it's
going to cost us two, three million dollars ($3,000,000) to bring it back up to the level. So, Mr. City
Attorney, I have asked you please to keep this Commission apprised in reference to that.
30. (A). APPROVE WAIVING PERMIT FEES REQUIREMENT IN CONNECTION WITH JOSE
MARTI PARADE.
(B) DIRECT CITY MANAGER TO PROVIDE POLICY FOR WAIVING FEES ASSOCIATED
WITH PARADES AND FESTIVALS - FURTHER SUGGESTING POLICY BE PART OF ANNUAL
BUDGET - FURTHER STIPULATING THAT POLICY DEVIATION SHOULD BE BY ORDINANCE
WITH UNANIMOUS CONSENT - ALSO STIPULATING EQUAL SHARING OF ALLOCATIONS.
FOR ONE EVENT PER DISTRICT.
Chairman Plummer: Mr. Gort, do you have pocket items?
Vice Chairman Gort: Yes sir, I do. 1 think you all received this about five days ago, and the Manager
received a copy also. And this has to do with the private school parade of Jose Marti that's going to take
place... It's been taking place for the last twenty something years.
Chairman Plummer: Mr. Manager, are you prepared to speak to the issue?
Mr. Donald H. Warshaw (City Manager): Yes. Commissioners, we have been doing this, and I know we
are getting into the issue of parades again. And, Mr. Perez has written memos and letters that have
characterized this as an event that's a lot larger than it really is, and the Miami Police Department for
years has been handling this rather short, you know, procession, on duty and to the best of my knowledge
intends to continue to do so.
68 January 26, 1999
Vice Chairman Gort: OK.
Chairman Plummer: OK.
Mr. Raul Martinez (Assistant City Manager/Operations): Commissioners, the only thing they do have, is
they do have some permit fees, about three hundred and fifty-five dollars ($355) that they must obtain
those permits for the parade. The staffing is not an issue, like the Manager said. They also provide
police officers from Dade County and Public School Board who jointly with on -duty police officers...
Chairman Plummer: Why can't we waive the permits?
Mr. Martinez: Only the Commission can waive those permits.
Chairman Plummer: Move that we waive the permits.
Commissioner Regalado: Second.
Chairman Plummer: I think we have done it for other parades, we ought to do it for this one.
Commissioner Regalado: I'll second it.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?. Show unanimous.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-81
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO THE ANNUAL JOSE MARTI PARADE TO BE CONDUCTED BY
THE BILINGUAL PRIVATE SCHOOLS ASSOCIATION ("BIPRISA")
AND THE MIAMI-DADE COUNTY SCHOOL BOARD
("COSPONSORS") ON JANUARY 28, 1999; WAIVING ALL FEES
APPLICABLE FOR SAID PARADE AND AUTHORIZING THE
DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL
SERVICES ADMINISTRATION, SOLID WASTE, AND PARKS AND
RECREATION TO PROVIDE ALL SERVICES FOR SAID PARADE
WITHOUT CHARGE, SUBJECT TO COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY OF MIAMI. INCLUDING OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AND FORM AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
69 January 26, 1999
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I move that the Manager be requested to provide us with a policy on parades,
permits, et cetera. And, further that a policy be a part of our annual budget beginning in September and
that be an integral, separate line item in the budget to address these issues and any deviation from this
policy should be recommended as an ordinance and requiring unanimous consent to deviate from it.
Chairman Plummer: I agree with that one.
Commissioner Teele: I would move that.
Chairman Plummer: That's moved by...
Commissioner Sanchez: With an amendment.
Chairman Plummer: With an amendment. But, wait a minute. Who seconded it?
Vice Chairman Gort: I'll second it.
Chairman Plummer: Seconded by Gort. Mr. Sanchez, for a possible amendment.
Commissioner Sanchez: With an amendment that each Commissioner is granted to pick one event that
falls in his district.
Chairman Plummer: I have no problem with that.
Commissioner Teele: I have no problem with that.
Commissioner Sanchez: Wait, wait, wait. But it has to fall in his district.
Commissioner Teele: I have no problem with that.
70 January 26, 1999
Commissioner Sanchez: All right.
Chairman Plummer: Well, not only that, but I think that we have to parity with the amount of money for
each one in each district. OK, all in favor of the motion made with the amendments say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
Commissioner Teele: This is simply asking the Manager and the Attorney...
Chairman Plummer: I understand.
Commissioner Teele: ... and the staff to develop a policy.
Chairman Plummer: All right.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-82
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PROVIDE THE COMMISSION WITH A POLICY ON
PARADE PERMITS; FURTHER SUGGESTING THAT SAID POLICY
WOULD BECOME PART OF THE ANNUAL BUDGET,
ESTABLISHING A SEPARATE LINE ITEM FOR SAME; FURTHER
STIPULATING THAT ANY DEVIATION FROM THIS POLICY
SHOULD BE DONE BY ORDINANCE ONLY REQUIRING
UNANIMOUS CONSENT; FURTHER STIPULATING THAT EACH
MEMBER OF THE COMMISSION SHALL - BE ALLOTTED AN
EQUAL AMOUNT IN FUNDS TO BE EARMARKED FOR ONE
EVENT IN HIS DISTRICT.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
71 January 26, 1999
31. APPROVE SIX MONTHS EXTENSION — FOR EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION TO COMMENCE CONSTRUCTION OF LATIN QUARTER
SPECIALTY CENTER LOCATED AT 1435 S.W. 8.. STREET.
Chairman Plummer: Mr. Sanchez, -pocket item.
Commissioner Sanchez: Mr. Chairman, I have pocket item which each and everyone of you, including
the City Manager should have a copy. It's a resolution granting a six-month extension from Februan• 10,
1999 to August 10, 1999 to East Little Havana Community Development Corporation in which to
commence construction of the Latin Quarter Specialty Center to be located at 1435 Southwest 8"' Street
in the Little Havana neighborhood. The reason...
Chairman Plummer: Moved by Sanchez, seconded by Gort. Is there any opposition? Anyone wish to
speak to the issue? All 'in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-83
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING
A SIX MONTH EXTENSION, FROM FEBRUARY 10, 1999 TO
AUGUST 10, 1999, TO EAST LITTLE HAVANA- COMMUNITY
DEVELOPMENT CORPORATION, IN WHICH TO COMMENCE
CONSTRUCTION OF THE LATIN QUARTER SPECIALTY
CENTER, TO BE LOCATED AT 1435 S.W. 8.. STREET, MIAMI,
FLORIDA, IN THE LITTLE HAVANA NEIGHBORHOOD.
(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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
72 1 January 26, 1999
32. DIRECT CITY MANAGER TO EVALUATE SPACE AVAILABILITY FOR POLICE
BENEVOLENT ASSOCIATION IN OVERTOWN SHOPPING CENTER LOCATED AT 1490
NORTHWEST 3 AVENUE.
Chairman Plummer: Mr. Regalado?
Commissioner Regalado: No, sir.
Chairman Plummer: Mr. Teele, anything further?
Commissioner Teele: Mr. Chairman, I would move that the Manager be requested to meet with the
Miami Police Benevolent Association to determine whether or not there is space available for them to
operate at fourteen ninety 3`d Avenue in a City facility.
Chairman Plummer: Mr. Manager, we need a motion for that? I don't think so.
Commissioner Teele: Not really.
Chairman Plummer: All right.
33. ADVERTISE NUMEROUS EVENTS AT BAYFRONT PARK TO COMMEMORATE SUPER
BOWL XXXIII, SCHEDULED FOR JANUARY 31, 1999..
Chairman Plummer: All right. If I may? Mine are not really in pockets, but it's items that I need to
bring to your attention, to my colleagues. Tonight is the press party for NFL (National Football League)
in your Bayfront Park from seven to ten.
Vice Chairman Gort: It's ours now.
Chairman Plummer: Thursday. Are you going to listen to me?
Vice Chairman Gort: It's not his, it's ours.
Chairman Plummer: Come on guys. Thursday night, there is a IOK race at six o'clock and there is a rib -
off after that race. On Friday night there is a concert in the park as well as a concert at Hard Rock for
friends of Bayfront Park. On Saturday. we probably will have the world's largest reggae concert that has
ever been held. It is free of charge. There is no charge for it, and it will go from two o'clock in the
afternoon till one o'clock in the morning. We are anticipating it to be so large that we are putting a huge
screen outside of the amphitheater because it will not accommodate. We also will have a Latin stage and
we will have a rock and roll stage. But the reggae is going to blow everybody's mind.
Vice Chairman Gort: What does the rock and roll represent? [phonetic]
Commissioner Sanchez: And, the windows, too, and...
Chairman Plummer: Yeah.
73 January 26, 1999
34. DIRECT CITY MANAGER TO INSTRUCT ADMINISTRATION TO CONTINUE
GRANTMANSHIP INITIATIVES AT LEGION PARK.
Chairman Plummer: All right, Mr. Manager. A number of us... A number of us had... Mr. Ruder? A
number of us met with a group in the northeast in reference to Legion Park. I think it was a consensus.
Mr. Manager, that that probably is the most gorgeous piece of property that just is not used. These
people are taking upon themselves to try and to start raising money to get that park to be used park. I am
asking the Administration to do whatever is humanly possible, wherever there might be grants and that
was what they wanted help with from the .State of Florida, and from the feds in reference to any kind of
grants for parks that they be seriously considered.
35. DISCUSS / DIRECT CITY MANAGER TO RECOMMEND CITY'S ALTERNATIVES IN
CONNECTION WITH ARCHEOLOGICAL FINDINGS AT 401 BRICKELL AVENUE (A.K.A.
MIAMI CIRCLE) — FURTHER REQUESTING SUPPORTIVE DOCUMENTATION BE PROVIDED
TO COMMISSION FIVE DAYS PRIOR TO COMMISSION MEETING OF FEBRUARY 9, 1999.
Chairman Plummer:. Now, I am going to bring a subject up, that I don't know what I am really talking
about, but I need your help. I have invited a bunch of school kids here for the next Commission meeting
in reference to the Circle downtown. I think that we all need information on this scenario prior to it
coming before this Commission on February the 9'h. I have invited the kids here, they want to speak their
mind. I think it is good, good government. I want you, the Manager to come back with recommendations
as to what is the availability of what this City can do or not do. Someone told me that they once heard
that there was a potential that that was going to be a park. I don't know that to be the case, or maybe it
is, maybe it is not. But I would like to have information at least five days in advance, and I am sure the
members of this Commission would...
Commissioner Teele: J. L.
Chairman Plummer: ...as to the total involvement.
Commissioner Teele: J. L., let me say this.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I think you are doing the right thing. But, I think you are putting your foot on a
real slippery slope. Now, I'll be right up -front. If I have anything, if there is anyway to vote, I would
vote that the area be preserved right here, right now. But let me tell you what the problem is going to be.
When the Manager starts giving options as he should do, somebody is going to take one of those options
and say this is what the Commission should have done. Remember this issue we just left in the Grove
that happened, OK. And, that's what you are bringing to mind right now. I think the Manager needs to
write his options in such a way that they are very carefully...,
Chairman Plummer: Oh, absolutely.
Commissioner Teele: ... written because this could become a national and even international issue if we
are not careful. I believe that we should take every step to preserve the site as it is, but it's not before us.
So. I just want to be on the record with you in support of what you're doing.
Chairman Plummer: Thank you, sir. This Commission stands in adjournment until..
74 January 26, 1999
Commissioner Regalado: Three.
Chairman Plummer: Mr. Gort? Three thirty?
Commissioner Regalado: Sorry?
Chairman Plummer: Three thirty. Mr. Gort has a three o'clock obligation.
Commissioner Regalado: Three thirty will be fine.
Chairman Plummer: Anybody have a problem with three thirty?
Commissioner Regalado: No problem.
Chairman Plummer: We stand in adjournment until three thirty.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:53 A.M., AND
RECONVENED AT 3:30 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT
COMMISSIONER TEELE, COMMISSIONER -SANCHEZ AND VICE CHAIRMAN GORT, FOUND
TO BE PRESENT.
36. (A). BRIEF DISCUSSION REGARDING TELEPHONE NUMBER ON CABLE NET 9 FOR
RESIDENTS TO REPORT OUT OF SERVICE STREET LIGHTS.
(B). BRIEF DISCUSSION IN CONNECTION WITH REQUEST TO CLEAN STREET AND REDUCE
NOISE ALONG WEST FLAGLER STREET.
(C). DIRECT ADMINISTRATION TO PROVIDE STATUS REPORT ON LA RUMBA BOAT COURT.
CASE.
(D). INQUIRY AS TO WHEN SUPPLEMENTAL WASTE FEE ISSUE WILL BE ON COMMISSION
MEETING AGENDA.
(E). DIRECT CITY MANAGER TO SCHEDULE WASTE HAULERS (FRANCHISE) ISSUE FOR
COMMISSION MEETING OF FEBRUARY 23, 1999.
(F). DIRECT ADMINISTRATION TO PROVIDE COMMISSIONERS WITH STATUS UPDATE ON
APPROVAL OF PROPOSED LEASE FOR GROVE HARBOUR MARINA AND CARIBBEAN
MARKETPLACE, LLC (FORMERLY KNOWN AS MERRILL STEVENS, A.K.A. DINNER KEY
BOATYARD), PRIOR TO FEBRUARY 9, 1999.
(G). DIRECT CITY ATTORNEY TO PROVIDE COMMISSIONERS WITH RESPONSE OUTLINING
POSTURE OF BEDMINISTER LAWSUIT AND PROJECTED LITIGATION COST.
(H). DIRECT CITY MANAGER TO INSTRUCT ADMINISTRATION TO ASSIST MERCHANTS ON
SOUTHWEST 8 STREET IN LITTLE HAVANA IN ORDER TO ADDRESS ISSUE OF CODE
ENFORCEMENT OF COMMERCIAL SIGNS VIOLATIONS WHERE ROAD CONSTRUCTION HAS
INTERFERED WITH BUSINESSES.
Chairman Plummer: Have we got a third Commissioner anywhere? We have two and I know Sanchez is
in the house. One time again, ladies and gentlemen, two items have been pulled from the afternoon
agenda, that's PZ-14 and PZ-15. If you are hereon either one of those items, you can go home and come
back to fight another day. Mr. Manager. While we are waiting, Mr. City Attorney. Mr. City Manager,
are you ready?
75 January 26, 1999
Mr. Donald H. Warshaw (City Manager): Yes, sir.
Chairman Plummer: I have not found on Cable 9 as I requested for people to have a phone number to call
in about street lights that are not working. Streets lights that never go off or street lights that are totally
engrossed in trees. I wrote you a memo, Mr. City Manager from a very distinguished Circuit Judge who
asked the question, "why the City cannot clean Flagler Street and decrease the noise?" Mr. City Attorney.
La Rumba. It is down there thumbing its nose at everybody, nothing is being done. It is mV
understanding the man is not paying rent. Where are we?
Mr. Alejandro Vilarello (City Attorney): As you know, the City successfully went to court and evicted it.
that boat. They filed an appeal, they posted a bond. And, as far as I know, they are paying rent. If they
aren't paying rent then they would be in violation of their obligations during the pendency of the appeal.
Chairman Plummer: Do we have any idea how long before we get them out of there?
Mr. Vilarello: It's in the' hands of the Third District Court of Appeals at this time. We are not doing
anything to delay the decision of the Third District.
Chairman Plummer: All right, would you find out the exact posture and let me know?
Mr. Vilarello: Yes, sir
NOTE FOR THE RECORD: At 3:32 p.m., Commissioner Sanchez entered the Commission Chambers.
Chairman Plummer:. Mr. City Manager and Mr. City Attorney. Supplemental waste fees, is it on the next
agenda?
Mr. Warshaw: Yes, I think so.
Mr. Vilarello: Yes, sir.
Chairman Plummer: Is that for sure, Mr. Martinez?
Mr: Raul Martinez (Assistant City Manager/Operations): Yes, it is.
Chairman Plummer: Mr. Manager, the waste haulers, is that on the next agenda?
Mr. Warshaw: No.
Chairman Plummer: What agenda is it going to be on?
Mr. Martinez: Probably the second meeting in February.
Chairman Plummer: All right, the waste haulers. When would that be on an agenda?
Mr. Martinez: Commissioner, we will, be scheduling within the next two weeks for all your offices a
Commission workshop so we can hear from the five of you your opinions...
Chairman Plummer: Can we go ahead and proceed to schedule it for the first meeting in March?
76 January 26, 1999
Commissioner Regalado: No. .
Mr. Martinez: If you would like to do it here... I thought you would like to do it...
Chairman Plummer: Too long, too short?
Commissioner Regalado: Too short. I mean, too long. I mean...
Mr. Martinez: Yeah.
Chairman Plummer: You want it the last meeting in February?
Commissioner Regalado: ... according to the timetable it was supposed to be in December, right?
Chairman Plummer: Yep.
Mr. Warshaw: It was originally going to be, I think sixty days. What we did is, we went out and we
conducted workshops with the industry and gained a lot of information which...
Chairman Plummer: I understand that. I am asking, give me a date.
Mr. Martinez: Commissioner, we were hoping the first, second week of February to hold it apart from the
Commission meetings so you could take the time...
Chairman Plummer: All right, then I'll tell you what? What is the second meeting, I can't see that far?
Mr. Martinez: The second, the third.
Chairman Plummer: The second meeting in February is the 25'h9
Mr. Martinez: Twenty third.
Commissioner Regalado: Twenty third.
Commissioner Teele: Twenty third. .
Chairman Plummer: Twenty third is correct. Schedule it for the 23rd.
Mr. Martinez: OK.
Chairman Plummer: OK.
Mr. Martinez: Good.
Chairman Plummer: Mr. Manager.
Mr. Warshaw: Yes, sir.
Chairman Plummer: The Merrill Stevens, where is it? I mean, does somebody?
77 January 26, 1999
Mr. Warshaw: I know exactly where it is.
Chairman Plummer: Well, let me ask you this. I mean, has somebody made them aware at the Oversight
Board that every month that they don't approve that, we are losing about forty-five thousand dollars
($45,000)? 1 mean is, does that come out? That every month that they don't approve it, this City has lost
another forty-five thousand dollars ($45,000). And, that now is going into about ten months.
Commissioner Regalado: Well, what we do is, we subtract that from what the Oversight Board thinks that
the City is going to pay the...
Chairman Plummer: Well, you know, I mean, if... I keep getting next week. Now, I am asking again.
Mr. Warshaw: OK, well, the exact status is that there have been some questions that we have just
received and we intend to work to resolve them this week. And, hopefully will have an answer...
Chairman Plummer: OK. Then, Mr. Manager, on February the 9`h, I am looking to fish or cut bait.
Mr. Warshaw: I understand.
Chairman Plummer: I am. You know, if it's a bad deal, then let's make a bad deal.
Mr. Warshaw: I understand.
Chairman Plummer: If it's a good deal, let's stop losing forty-five thousand dollars ($45,000) a month,
OK.
Mr. Warshaw: Yes, sir.
Commissioner Regalado: But, how do we...? Excuse me, how do we control the time that the Oversight
Board takes?
Mr. Warshaw: Well, I am going to expedite and bring this to a conclusion. And, let me say that it's very
conceivable that it won't have to come back before the Commission, that the questions they asked could
be answered by us, and if that's the case, I'll just notify you that it's been signed if that happens, and
that's the end of it.
Chairman Plummer: OK, but, if it's not, then put the -questions in writing to us prior to the meeting...
Mr. Warshaw: OK.
Chairman Plummer: ... all right, so -we can come on February the 9`h and fish or cut bait. Bedminster,
where are we?
Mr. Vilarello: In regard to what? They have filed a lawsuit, we are defending a lawsuit.
Chairman Plummer: All right, all right. In other words, there is no middle ground?
78 January 26, 1999
Mr. Vilarello: This City Commission gave me and the City Manager specific instructions the last time
this item was discussed. Before we got to the office the following day, Bedminster advised us that they
were not willing to discuss anything short of exactly the way they proposed the solution to the problem.
Chairman Plummer: You will write me and send all of us a copy of a memo telling us exactly the posture,
and how we got to today.
Commissioner Regalado: But, excuse me. Why, why did we have in the draft an issue about hiring an
attorney for the Bedminster suit?
Chairman Plummer: One hundred thousand dollars ($100,000).
Mr. Vilarello: Pardon me?
Commissioner Regalado: The draft agenda, we had an item that says Bedminster...
Mr. Vilarello: Retention of an attorney.
Commissioner Regalado: Yes.
Mr. Vilarello: We have already retained the attorney. That item has already come before the City
Commission. This was for the continuation of the representation. And the reason it was withdrawn at my
request, was 1 wanted to provide you a budget of what it would cost to go through the entire litigation. I
wanted to give you a whole picture so that you can take that into consideration as you consider the merits
of the City's position and the merits of Bedminster's position. I didn't want to give you half a picture. I
wanted to give you the whole picture.
Chairman Plummer: OK.
Commissioner Regalado: I mean,'can we? We cannot do this in-house. I mean... -
Mr. Vilarello: The nature of the litigation in my opinion...
Commissioner Regalado: Because Pedrosa is gone. After all, I mean... I thought that Pedrosa was the
reason.
Mr. Vilarello: That had nothing to do with my...
Chairman Plummer: Yeah, but wait a minute. Wait a minute. Don't, don't get involved in personalities,
because that's just going to muddy the water.
Commissioner Regalado: No, no, no.
Mr. Vilarello: Well...
Chairman Plummer: OK, either Bedminster the contract, the agreement is either a good agreement or it's
bad, regardless of the parties. It has to stand on it's own
Commissioner Regalado: I am talking about the outside counsel, J. L.
79 January 26, 1999
Chairman Plummer: Oh. .
Mr. Vilarello: The... Commissioner, let me... The decision... The presence of Mr. Garcia -Pedrosa had
nothing to do with my...
Commissioner Regalado: It had, because the Mayor raised that issue and I think yourself, as saying that
he represented Bedminster some time ago, whatever.
Mr. Vilarello: Commissioner, I did... I am sorry. The issue of whether or not to retain outside counsel
on this matter had nothing to do with Mr. Garcia-Pedrosa's involvement or not in the Bedminster matter.
That had nothing to do with my recommendation to go to outside counsel. It had to do with the expertise
in my office to handle that kind of litigation. The conflict of interest that you refer to that the Mayor
mentioned had to do with ,the conflict of interest as in his role as City Manager if there was one in the
Bedminster matter. I have never addressed that issue and it had nothing to do with my recommendation to
seek outside counsel.
Chairman Plummer: Mr. Sanchez, do you have any tidbits that you would like to throw at the City
Manager?
Commissioner Sanchez: No, sir.
Chairman Plummer: Mr. Regalado, do you have any rocks you would like to throw at the City Manager?
Commissioner Regalado: I always do, but they are soft rocks.
Chairman Plummer: All rightee. We could...
Commissioner Regalado: No, I think... Mr. Manager, I think that it is important that once again we
address the issue of the Southwest 81h Street merchants. We are having a problem. Your administration
made a commitment to help alleviate the -problems of the different merchants. As a matter of fact, the City
of Miami is the entity that is doing less for the merchants. Even Coral Gables is changing the codes as an
emergency measure to allow signs... I mean, Coral Gables does not allow signs or banners or anything at
all. And, they have changed those codes. What is happening now is, that we have several issues pending.
Not only that, but we have had a situation with merchants whose signs have been taken down and this is
because of the code. So, I am asking what can we offer them? I mean, we did offer them help a long time
ago, but...
Mr. James Kay (Director of Public Works): Commissioner, what I have been able to see on Southwest 8"
Street are signs for businesses so that the motoring public will know how to get to that business or where
that business is. They are blue... They are blue black... blue background with white lettering signs.
Commissioner Regalado: But that's the DOT (Department of Transportation). That's paid by the DOT.
Mr. Kay: That's the DOT,_right, right. And...
Commissioner Regalado: What I am saying is, some of the merchants for instance, in the Coral Gables
side of Southwest 81h Street have requested and received a waiver to place banners saying "We are open,
Beeper Town of America" of whatever or "Bakery" or you know, whatever. "We are open", "We are
fine," "With extended hours," "We are not closed." And, we had had problems with signs taken down
80 January 26, 1999
because, because inspectors are following the code. And, I mean, there is nothing wrong with that, but it
is a situation. And, this is why I am asking if we can go that step.
Mr. Kay: OK, well, I am personally not aware of the enforcement people taking signs down on the City's
side. However, we certainly want to take a look at this and we'll take a look at what the City of Coral
Gables is doing and West Miami. We certainly don't want to be doing something less than what they are
doing to help their citizens.
Mr. Warshaw: Let me just add, Commissioner, and I am going to check again with the City Attorney. I
mean, I am very sensitive to what's happening there. I drove there the other night, and it's a horror scene.
And, we will look at requests and there is absolutely no reason that I can see on private property that we
wouldn't grant waivers during this emergency for people to put up signs.
Commissioner Regalado: There are signs on public right -away directing people to go 8``' Street and
adjacent streets. Like avenues, crossing avenues.
Mr. Warshaw: All right. And, this is something we are going to have to look at if there are signs in the
public right-of-way that could block visibility and could be safety issues. But in reality, we don't control
those signage on Southwest 8`h Street in the public right-of-way, but we will look into the whole...
Commissioner Regalado: No. But, I am talking on the... on Southwest, on the avenues...
Mr. Warshaw: OK.
Commissioner Regalado: ... that run through Southwest 8`h Street when... You see, take for instance, Jim
you know about this. Everglades Lumber for instance, they were closed for about three weeks because of
the train, the railroad work and Southwest 8'h work, so they had to use Southwest 4`h to exit and enter.
Mr. Kay: Right.
Commissioner Regalado: So they had to place signs on that area.
Mr. Kay: Right.
Commissioner Regalado: Those -signs were deemed to be illegal by the code...
Mr. Kay: No, I don't... I don't... Are these...?
Commissioner Regalado: ... because they were in the public right-of-way.
Mr. Kay: Are these signs that the owner had put up or the FDOT had?
Commissioner Regalado: Yeah, the owner put up.
Mr. Kay: OK. Again, I am not aware of those signs being there or being taken down. I know that the
FDOT has placed signage there.
Mr. Rodriguez: We will.
Mr. Kay: We will look at them.
81 January 26, 1999
Chairman Plummer: OK.
NOTE FOR THE RECORD: At 3:42 p.m., Commissioner Teele entered the Commission Chambers.
37. APPROVE SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL. AS LISTED
IN ORDINANCE NO. 11000; ARTICLE 9, SECTION 9312, REQUIREMENTS FOR RESERVOIR
SPACES TO ALLOW DRIVE THRU FACILITY FOR PROPOSED RESTAURANT WITH SIX (6)
SPACES - LOCATION 3535 CORAL WAY - APPLICANT: CORAL WAY ASSOCIATES. LTD.
Chairman Plummer: Ladies and gentleman we are now into the Planning and Zoning. Again, for the final
time, PZ-14 and 15 have been withdrawn. The first item is PZ-1, 3535 Coral Way. Mr. John Proctor,
Esquire. It is for approval and it is to a Special Exception for drive-in facilities. is this a bank?
Commissioner Regalado: No, that's the Kentucky Fried Chicken. -
Mr. Jerry Proctor: No, sir. It's a restaurant.
Chairman Plummer: All right, which restaurant?
Mr. Proctor: Kentucky Fried Chicken Restaurant.
Chairman Plummer: OK. It is for approval. Mr. Regalado, I think this is... Do you need a lot of
discussion?
Commissioner Regalado: No, sir. I visited the place. I think... I studied what they want to do. 1 think
that's the best thing that could happen to that area. We have a dilapidated building next to Kentucky Fried
Chicken. And, if they are... They are going... You are going to build a new facility
Mr. Proctor: Yes.
Commissioner Regalado: ... plus the parking, I think... 1 think the Commission should approve their
addition.
Chairman Plummer: OK, how many cars will you be able to get off of the street in stacking?
Mr. Proctor: We have a request for six. The seventh and eighth cars which are the subject of the variance
would be off of the street, they would be in our parking lot, not near the street.
Chairman Plummer: You want a one year review, or you don't need it.
Commissioner Regalado: I don't need it. I don't need it.
Chairman Plummer: Moved by Regalado, seconded by Teele. It's a resolution. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
82 January 26, 1999
Mr. Proctor: Thank you.
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO.99-84
A RESOLUTION OF THE .MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING
BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO PERMIT A DRIVE THRU FACILITY FOR A
PROPOSED RESTAURANT WITH SIX (6) SPACES BEFORE THE
WINDOW (EIGHT (8) SPACES REQUIRED), FOR THE PROPERTY
LOCATED AT 3535 CORAL WAY, MIAMI, FLORIDA, SUBJECT
TO PLANS ON FILE, WITH A TIME LIMITATION OF TWELVE
MONTHS IN WHICH A BUILDING PERMIT MUST BE PULLED
AND SUBJECT TO: (1) A NEW PLAN, WHICH DEPICTS A FENCE.
RESTRICTING ACCESS THROUGH THE PROPERTY AND INTO
THE ADJACENT NEIGHBORHOOD, MUST BE SUBMITTED FOR
REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, (2) THE
LANDSCAPE PLAN SHALL BE IMPLEMENTED IN ITS ENTIRETY
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
AND SAID PLAN SHALL BE AUGMENTED WITH LARGER
SPECIMENS OF SHADE TREES TO THE EXTENT POSSIBLE, (3)
ALL EMPLOYEES AND PATRON PARKING SHALL BE
RETAINED ON SITE, (4) ALL PARKING AREA LIGHTING SHALL
BE' DIRECTED AWAY FROM THE ADJACENT RESIDENTIAL
AREA, AND (5) THE EXISTING WALL THAT SEPARATES
RESIDENTIAL FROM COMMERCIAL TO REMAIN WITH NEW
WALL AS REQUIRED ON COMMERCIAL SIDE.
(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
83 January 26, 1999
38. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2 (AMENDING ZONING ARTICLE ix,
SECTION 934.3, CERTIFICATE OF USE - TO ALLOW FOR CHANGE OF OWNERSHIP - FOR
SHELTER ONE, INC., A COMMUNITY BASED RESIDENTIAL FACILITY - LOCATION: 189
NORTHEAST 26TH STREET) TO COMMISSION MEETING OF FEBRUARY 23, 1999.
Chairman Plummer: Item two, 189 Northeast 26'h Street
Ms. Lourdes Slazyk (Assistant Director/Planning Department): Item number two is a request for a
change of ownership for an existing CBRF (Community Based Residential Facility) at subject property.
The department had originally recommended approval of the change of ownership, but 1 received new
information today from the NET (Neighborhood Enhancement Team) and the Zoning Administrator for
which I would like to add two conditions to, to this approval. First of all, it was brought to my attention
that the building is a wood frame structure and they are subject to 40-year re -certifications of the building.
and it is unknown or... as to whether they got that certification. This is a safety issue for the property.
Secondly, is that the property was approved under its original Certificate of Use for up to 50 residents.
Under today's Code, minimum space requirements per person for their rooms and for open space the
property would not qualify for the same number of residents. Again, these are health safety welfare issues
and for that reason I would request that a condition be added that they must, at least, comply with the
square footage requirements under today's Code. This particular CBRF is non -conforming in several
ways. First of all, there are too many in the neighborhood. It exceeds the distance requirements and
census track requirements for CBRF's, but it is grand -fathered in. It's a legal, non -conforming use.
Chairman Plummer: And why, if it's legal and we can't do anything but approve it, why is it before us?
Ms. Slazyk: Right. Well, it's before you for change of ownership, but on the review of the Special
Exception, if we find health safety welfare issues that can be addressed through conditions, 1 would
recommend that we adopt those conditions, but it's up to you. I mean, you can approve it.
Chairman Plummer: Well, what you're saying is,
Ms. Slazyk: It would...
Chairman Plummer: ... we can't turn it down.
Ms. Slazyk: Right. It would stay... Well, if... You would have to find reasons to turn it down.
Chairman Plummer: OK.
Ms.Slazyk: You would have to find the justification.
Chairman Plummer: Can we? Do we? Can we put any regulations on it we want? Conditions?
Ms. Slazyk: Yes. Yes, you have the right to...
Mr. Joel E. Maxwell (Deputy City Attorney): Reasonable conditions.
Chairman Plummer: Well, OK. Now, what is reasonable, OK?
84 January 26, 1999
Ms. Dena Bianchino (Assistant .City Manager/Planning & Development): The 40-year certification is
reasonable.
Ms. Slazyk: Right.
Chairman Plummer: That's reasonable. That's... everybody has to fight that one, OK.
Ms. Slazyk: Yeah, and if they, and if they comply...
Chairman Plummer: Now, what is the maximum amount of people they could have in there?
Ms. Slazyk: OK, the way they are approved, it's 50. Under complying with the new square footage in
today's Code, it appears that they might be able to get about 20, and we believe that's what is safe.
Chairman Plummer: So, then that... If we make it as a contingent... contingent to the approval, 20 would
be the maximum amount? We could... That's reasonable?
Mr. Joel E. Maxwell (Deputy City Attorney): No, I don't think so, sir. It... When they were approved,
they were approved at the higher figure and that figure was the one that...
Chairman Plummer: Those numbers don't exist today.
Mr. Maxwell: That was the regulations that... Those were the regulations in place at that particular time
when they got their approval.
Chairman Plummer: So, if we put that as a condition, and you are saying it's unreasonable, they will take
us to court?
Mr. Maxwell: They may take you to court.
Chairman Plummer: That's their choice, OK. And, are there any other conditions that we want to put on
the place?
Vice Chairman Gort: What are we on?
Chairman Plummer: We are now on PZ-2. PZ-1 was simple, no contention, no, no back...
Mr. Maxwell: The Commissioners... I am sorry.
Commissioner Teele: Mr. Chairman. Mr. Chairman.
Chairman Plummer: I am sorry.
Mr. Maxwell: I must... I must advise you though, I think they -were properly grand -fathered in at the
higher level...
Chairman Plummer: Well...
Mr. Maxwell: ... and they are entitled to that level.
85 January 26, 1999
Chairman Plummer: There happens to be a disagreement with you and that's what makes ball games
Mr. Maxwell: OK.
Chairman Plummer: OK, and then there could be a six months review, is reasonable. Hello?
Commissioner Teele: Mr. Chairman.
Ms. Bianchino: ... that they be subject to existing requirements.
Ms. Slazyk: Per space.
Chairman Plummer: Absolutely.
Ms. Slazyk: Which could be 20 or 30. We didn't... We don't have their plans, I don't know what
number it is. But, there is a minimum square footage per person requirement in the Code.
Chairman Plummer: Mr. Teele.
Commissioner Teele: You know, I fundamentally you know, object. This matter should be deferred.
We shouldn't... We should be the court of last resort. You know, the roles need to get a little bit flipped
around here. You know, it's sort of like the issue you brought up today about researching something. We
shouldn't be approving it, subject to the staff reviewing. If you came up with conditions or circumstances
that quite candidly it's reasonable, and I want you to continue to do your job, but the motion should be to
defer the matter and let staff look into it.
Chairman Plummer: It's in my district. I move for deferral.
Ms. Slazyk: Yeah, and what I would like to do is...
Chairman Plummer: Whoa, whoa.
Chairman Plummer: I move for deferral.
Ms. Slazyk: OK.
Chairman Plummer: I move for deferral.
Vice.Chairman Gort: Second.
Chairman Plummer: Second the motion. Speak only to the deferral.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would ask that the deferral be for a date and time certain so that the...
Chairman Plummer: February...
86 January 26, 1999
Commissioner Teele:... applicant is not penalized or put in a disadvantage.
Chairman Plummer: February 23`d is the next zoning hearing, and it's continued until that time. All in
favor of the deferral say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-85
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-2 (AMENDING ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE ix, SECTION 934.3, CERTIFICATE OF USE,
NON -TRANSFERABLE, TO ALLOW A CHANGE OF OWNERSHIP
FOR AN EXISTING COMMUNITY -BASED RESIDENTIAL
FACILITY LOCATED AT APPROXIMATELY 189 NORTHEAST
26"' STREET) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR FEBRUARY 23, 1999.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
39. APPROVE FIRST READING ORDINANCE AMENDING ORDINANCE NO. 10544 BY
AMENDING FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION FOR
PROPERTY LOCATED AT APPROXIMATELY 600 NORTHWEST 17' AVENUE) FROM
"DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL." - APPLICANT: ELADIO GODOY.
Chairman Plummer: Item three, 600 Northwest 171h Avenue to change from a duplex residential to a
restricted commercial. It is in fact approved by the Planning Department and recommended to the City
Commission by the PAB (Planning Advisory Board) on a unanimous vote.
Commissioner Regalado: Second.
Chairman Plummer: This is in the district of...
Commissioner Sanchez: Mr. Chairman.
87 January 26, 1999
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: PZ-3 and PZ4 are both together on this, and I would go ahead and move both
of...
Chairman Plummer: I can't hear you.
Commissioner Sanchez: 1 would move both of them. PZ-3 and PZ4 are...
Chairman Plummer: We got to do them one at a time.
Commissioner Sanchez: All right, then I move PZ-3.
Chairman Plummer: PZ-3 is moved by Sanchez.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. For the record, sir do you state on the record who you are? I
assume you are, Mr. Godoy.
Mr. Oscar Blanco: This .is Mr. Godoy, and my name is Oscar Blanco. I just interpreted for him so he
understands your English.
Chairman Plummer: You did a very good job, sir.
Mr. Blanco: Thank you, sir.
Mr. Joel E. Maxwell (Deputy City Attorney): Could you swear him...
Chairman Plummer: Mr. City Attorney.
Mr. Maxwell: This is a P and Z agenda, all witnesses must be sworn in, sir.
Chairman Plummer: I just asked him his name.
Mr. Maxwell: I know, just...
Chairman Plummer: Would you swear him in so we can make sure his name is not fraudulent?
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE
NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Blanco: Yes, I do.
Mr. Godoy: I do.
Chairman Plummer: You are sure your name is Godoy?
Mr. Blanco: His name is Godoy.
88 January 26, 1999
Chairman Plummer: Bueno. Read the ordinance. Motion understood? Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE DESIGNATION OF THE
PROPERTIES LOCATED AT APPROXIMATELY 600 N.W. 17TH
AVENUE, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and
was passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
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. -
40. APPROVE FIRST READING ORDINANCE - CHANGE ZONING AS LISTED IN ORDINANCE
NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
AMENDING THE ZONING ATLAS BY CHANGING THE ZONING DESIGNATION FOR
PROPERTY LOCATED AT APPROXIMATELY 600 NORTHWEST 17TH AVENUE (A.K.A. 601
NORTHWEST 17TH AVENUE) FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL -- APPLICANT: ELADIO GODOY.
Chairman Plummer:' Item PZ-4 is a companion. It's moved by Sanchez, seconded by Regalado. It was
approved by the Planning Department, it was approved by the Zoning Board on a eight to nothing vote.
Anybody wishing to discuss PZ-4? Showing none, read the ordinance. Call the roll.
89 January 26, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING PAGE NO. 34 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO FAMILY
RESIDENTIAL TO C-I RESTRICTED COMMERCIAL FOR THE
PROPERTY LOCATED AT APPROXIMATELY 600 AND 601
NORTHWEST 171" AVENUE, MIAMI, FLORIDA. MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and
was passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
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.
Commissioner Sanchez: Thank you, Mr. Godoy.
41. CONTINUE CONSIDERATION OF AGENDA ITEMS PZ-5 (PROPOSED FIRST READING
ORDINANCE TO AMEND ORDINANCE 10544 BY CHANGING LAND USE DESIGNATION FOR
PROPERTIES AT 3680 NORTHWEST IIT" STREET AND 1021 NORTHWEST 37TH AVENUE
FROM MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL - AND AGENDA
ITEM PZ-6 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000
FOR PROPERTIES LOCATED AT 3680 NORTHWEST 1 IT" STREET AND 1021 NORTHWEST 37TH
AVENUE FROM R-3 MULTIFAMILY TO C-1 RESTRICTED COMMERCIAL TO COMMISSION
MEETING OF FEBRUARY 23, 1999 - FURTHER DIRECT ADMINISTRATION TO PROPOSE
BUFFER TO PROTECT RESIDENTIAL AREA - ALSO REQUESTING THAT NET
ADMINISTRATOR FOR WEST LITTLE HAVANA BE PRESENT ON FEBRUARY 23, 1999.
Chairman Plummer: All right, anybody who -wants to, or who intends to testify on a zoning matter,
please stand up, raise your right hand and be sworn in, including attorneys. More so attorneys.
Vice Chairman Gort: Three times for attorneys.
90 January 26, 1999
Chairman Plummer: OK, we have one person. Are you sir, possibly... All right, Mr. Clerk swear him in
in English.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED AT THIS POINT. THE CITY
CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE
PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Chairman Plummer: Madam Assistant Clerk, swear him in in Spanish.
Chairman Plummer: Did they say, yes? Si, si. OK, item five, 3680 Northwest 1 1'h Street and 1021
Northwest 37`h Avenue. Medium density residential to restricted commercial. The Planning Department
for approval and the Advisory Board recommended approval, but on a four three vote. • Is the applicant
Tomas or Caridad Gonzalez here?
Ms. Vicky Garcia -Toledo: No, they are on their way sir, but I am the applicant for the applicant.
Chairman Plummer: You are the attorney of record. Do you wish to proceed without your clients?
Ms. Garcia -Toledo: Absolutely.
Chairman Plummer: Absolutely. Proceed. Whose district is this, Mr. Gort?
Vice Chairman Gort: I have got a problem with it.
Chairman Plummer: All right, Mr. Gort has a problem.
Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo with offices at 2500 First Union Financial
Center. These two properties are houses that are located and fronting 371h Avenue at Northwest 11 `h
Street. Approximately eight years ago these... both of these properties applied and obtained the necessary
City documents to have a home office, and the business has grown. -And, so they now find themselves -
with a desire of turning these two properties to full office use. These properties are located on the 371h
Avenue corridor, very near to Miami International Airport. The characteristic of residential use have
been completely lost. The two properties, when you stand in front of these properties and you look across
the street, you are looking at the rear loading area of Central Shopping Center on the corner of Northwest
7'h and 37'h. That's another situation that takes away from the correct characteristics of residential use for
these properties. Eleventh Street which is the side street to these properties has become an arterial
connecting 271h Avenue next to the 836 Expressway to 371h Avenue. And, the traffic -became so heavy in
that corner that FDOT (Florida Department of Transportation) had to put a traffic light at that site. There
have been so many accidents of cars running up on my neighbor's... on my client's property that she had
to create and get permission to put a special fencing with steel posts filled with concrete and a planter at
the corner just to prevent the cars from accidentally coming on her property and going all the way to her,
to her door and... and causing damage and bodily harm. We believe that this is the best use. On that street
at this present time, which is a very long street that runs from about 71h to 11'h there has been a trend for
commercial activity in the area which started in 71h and has been coming towards my client. The property
next to my client's two homes is in fact a disabled half -way home. It's a mental health half -way home.
And, then it's followed by another single-family residence which has been subdivided into several
apartments and followed by apartment buildings and other commercial uses. Your staff has reviewed this,
and have recommended approval. Your Zoning Board as well as PAB (Planning Advisory Board) have
recommended approvals of this application, and we would ask that you consider approving the same.
91 January 26, 1999
Chairman Plummer: You have time for rebuttal. Is there anyone wishing to testify for or against this
item? This is item number five. Is there anyone wishing to speak for or against this item?
Commissioner Teele: What was the vote in the Zoning and PAB (Planning Advisor, Board)?
Chairman Plummer: In the 'PAB it was four to three for recommended approval. And, the Planning
Department...
Ms. Lourdes Slazyk (Assistant Director/Planning Department): The Zoning Board...
Chairman Plummer: It didn't go before the Zoning Board.
Ms. Slazyk: Ah, yeah. The accompanying zoning change was a seven to zero for approval. It's PZ-6, the
companion.
Chairman Plummer: That's not what I have got here.
Commissioner Sanchez: I got four to three.
Chairman Plummer: I got four to three.
Ms. Slazyk: The companion item...
Mr. Joe E. Maxwell (Deputy City Attorney): But, she says it's accompanying the zoning.
Ms. Slazyk:. Yeah, the companion item.
'Mr. Maxwell: Yeah...
Chairman Plummer: It's also four to three.
Mr. Maxwell: I think that's a mistake.
Ms. Slazyk: The fax sheet says seven to zero.
Mr. Maxwell: 1 think thatis a mistake during one of the review we found.
Chairman Plummer: Well, who is right and who is wrong?
Mr. Maxwell: -I believe it was a seven to zero vote.
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): We will clarify it for you in a
moment.
Chairman Plummer: OK.
Ms. Slazyk: Yeah.
Chairman Plummer: Mr. Gort, it's in your district.
92 January 26, 1999
Vice Chairman Gort: Did you close the public hearing?
Chairman Plummer: I am sorry?
Vice Chairman Gort: No one in opposition.
Chairman Plummer: There is no one here in opposition. Do you feel you need any rebuttal time?
Ms. Garcia -Toledo: We did not have any opposition at any of the hearings?
Chairman Plummer: All right, then I'll close the public hearings. Mr. Gort.
Vice Chairman Gort: I'll tell you what my problem is. That house, 20 years ago was used as an insurance
office, and the light has been there for a lot more than 11 years. And, I Ph Street I understand Planning is
saying it's a corridor, but if you go through there, that residential is still there. It's very residential on l I"
and on 371h Avenue, and the traffic has always been there. What I am afraid of, if we make a change in
there, that they'll want to continue to so. And, if you go through 37'h Avenue, you see that the houses are
very well kept, and Planning, I don't know if you have been there lately, and you look at the houses there.
And, you know, one of the things I would like to do in here like they do in the Zoning and Planning, 1
would like to have the NET (Neighborhood Enhancement Team) represented in here.
Ms. Bianchino: We can certainly arrange that.
Vice Chairman Gort: I would like to have the NET represented in here because they are in the
neighborhood, they are there and they know what's going on.
Ms. Garcia -Toledo: Commissioner, would you like me to request a deferral on this and we can...?
Vice Chairman Gort: I would like to... if you intend to use it only for office...
Ms. Gracia-Toledo: Yes.
Vice Chairman .Gort: ... I would like to see somehow where we can come back with a different
application, but not a change to... because I would like to keep that buffer there.
Ms. Garcia -Toledo: It's interesting...
Vice Chairman Gort: 1 understand what you are saying, but right across the street is very well residential,
it's very beautifully maintained all the way to 371h Avenue.
Chairman Plummer: You want to defer it or not?
Vice Chairman Gort: Yes.
Chairman Plummer: You want to defer it?
Vice Chairman Gort: I would to defer it. Yes.
Chairman Plummer: Item five and six is moved for deferral. Is there a second?
93 January 26, 1999
Commissioner Teele: Second.
Chairman Plummer: Seconded by Commissioner Teele.
Mr. Joel E. Maxwell (Deputy City Attorney): Certain, sir?
Ms. Bianchino: 1f I may, sir?
Chairman Plummer: Time certain is February the 9`h.
Mr. Bianchino: The vote on the Zoning Board was...
Chairman Plummer: 1 am sorry, February the 23`d
Mr. Bianchino: To clarify your question, the vote from the Zoning Board was seven zero in favor.
Chairman Plummer: Thank you, ma'am.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-86
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-5 (PROPOSED FIRST READING ORDINANCE TO AMEND
ORD. 10544, THE COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING LAND USE DESIGNATION FOR PROPERTIES
LOCATED AT APPROXIMATELY 3680 N.W. IITH STREET AND
1021 N.W. 37TH AVENUE FROM MEDIUM DENSITY
RESIDENTIAL TO RESTRICTED COMMERCIAL) AND AGENDA
ITEM PZ-6 (PROPOSED FIRST _ READING ORDINANCE TO
AMEND ZONING ORD. 11000 FOR PROPERTIES LOCATED AT
APPROXIMATELY 3680 N.W. I IT" STREET AND 1021 N.W. 37TH
AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR
FEBRUARY 23, 1999; FURTHER DIRECTING THE
ADMINISTRATION TO PROPOSE A BUFFER TO PROTECT THE
RESIDENTIAL AREA FROM COMMERCIAL ENCROACHMENT;
AND FURTHER DIRECTING THE CITY MANAGER TO HAVE
THE WEST LITTLE HAVANA NET ADMINISTRATOR. RUBEN
AVILA, PRESENT WHEN THIS ISSUE IS RESCHEDULED BEFORE
THE COMMISSION.
94 January 26, 1999
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Item seven, 1975, the City of Miami property.
Commissioner Teele: On the issue of deferral, may I just inquire?
Chairman Plummer: Surely, sir.
Commissioner Teele: Can the staff work with the applicant to accommodate Commissioner Gort's
concerns?
Ms. Slazyk: Yes. Let me...
Commissioner Teele: I mean...
Ms. Slazyk: Yes.
Commissioner Teele: ... is there a zoning designation that can...
Ms. Slazyk: We were in the process. Yeah, we were in the process. When this went to the Planning
Advisory Board and the Zoning Board they had asked us to look into creating a special zoning district that
would allow one hundred percent use of office for residential structures when they are located on major
arterials. The County has something similar and so do other municipalities. The Board asked us to go
back, write the ordinance, we did. We came back, and then they had problems with it because they were
afraid it was going to be applied to other stable corridors in the City. They thought it was appropriate for
this corridor, but not other places, and they were so afraid of how else it could be misapplied that they...
they denied it. We still think it's a good idea and we would still like to write that special district because
this is perfect case in which it could apply.
Commissioner Teele: Does the special district, Commissioner Gort or Mr. Attorney, does it have to be
citywide or can it be localized as an overlay?
Mr. Maxwell: No, overlays can be localized.
Vice Chairman Gort: I think what we need to do is, like a study. I think the Attorney is correct. I think
that that whole block needs to be studied. And, she's correct that one block has changed, but right across
the street you don't have that.
95 January 26, 1999
Ms. Slazyk: It's fine, yeah.
Vice Chairman Gort: The rest of I Ph Street, it's a beautiful, well kept single-family residents although
you have 37`h Avenue, people have lived there for years.
Chairman Plummer: Stipulate the reason for the deferral.
Ms. Garcia -Toledo: And, Commissioner Gort, if I just may, as a point of information. I agree with you
wholeheartedly. And, my client when this came before the Planning Advisory Board in February of '97
and we were asked to delay this so that the City could come up with something other...
Vice Chairman Gort: No, 1 understand, yeah.
Ms. Garcia -Toledo: ... we... we had said OK, and for five -months we waited. And, the problem was that
we just couldn't wait any longer and we proceeded.
Vice Chairman Gort: I think I have the solution for it, but I hate to do it today.
Ms. Garcia -Toledo: OK.
Vice Chairman Gort: Let me do it on the 29`h. I think there is a way that it can be done.
Ms. Garcia -Toledo: OK, thank you.
Chairman Plummer: All right; the deferral is still... is a continuance `till the 29`h of February. All in
favor of continuing...
Ms. Slaryk: Twenty-third. Twenty-third.
Chairman Plummer: I am sorry.
Vice Chairman Gort: Twenty-third.
Chairman Plummer: Twenty-third, excuse me. All in favor of the deferral on seven and... No. No, no, I
am sorry...
Ms. Bianchino: Five and six:
Chairman Plummer: ... five and six, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
96 January 26, 1999
42. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-7 (PROPOSED SECOND READING
ORDINANCE TO CHANGE LAND USE DESIGNATION FOR PROPERTY AT 1975 NORTHWEST
12TH AVENUE TO GENERAL COMMERCIAL) - AND PZ-8 (PROPOSED SECOND READING
ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO CHANGE DESIGNATION FOR
PROPERTY AT 1975 NORTHWEST 12'H AVENUE TO C-2 LIBERAL COMMERCIAL) TO
COMMISSION MEETING OF FEBRUARY 23, 1999.
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): We want to continue seven and
eight please.
Chairman Plummer: You want to continue that? All right, there is a request for continu...
Commissioner Teele: So moved.
Chairman Plummer: ... continuance on seven and eight by the Administration. Moved by Teele, seconded
by Sanchez. is there any further discussion? Item nine.
Mr. Joe E. Maxwell (Assistant City Attorney): Excuse me, Mr. Chairman.
Chairman Plummer: I'm on...
Mr. Maxwell: Can we see if there is a date that they want on that, too?
Ms. Lourdes Slazyk (Assistant Director/Planning Department): This is the second meeting in March.
March...
Chairman Plummer: Second meeting in March.
Ms. Garcia -Toledo: 23`d
Chairman Plummer: All right.
Ms. Teresita Fernandez (Director/Hearing Boards): March 23`d
Chairman Plummer: That would be March the 23`d
Commissioner Teele: Personally, I would rather take it to the 29"'.
Chairman Plummer: Yeah, right.
97 January 26, 1999
The following motion was introduced by Commissioner Teele, who moved its -adoption:
MOTION NO. 99-87
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-7 (PROPOSED SECOND READING ORDINANCE TO AMEND
ORD. 10544, THE COMPREHENSIVE NEIGHBORHOOD PLAN, BY
CHANGING LAND USE DESIGNATION FOR PROPERTY
LOCATED AT APPROXIMATELY 1975 N.W. 12 AVENUE FROM
MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION NAD UTILITIES TO GENERAL
COMMERCIAL) AND AGENDA ITEM PZ-8 (PROPOSED SECOND
READING ORDINANCE TO AMEND ZONING ORD. 11000 TO
CHANGE DESIGNATION FOR PROPERTY LOCATED AT
APPROXIMATELY 1975 N.W. 12 AVENUE FROM (G/I
GOVERNMENT AND INSTITUTIONAL) TO C-2 LIBERAL
COMMERCIAL) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR MARCH 23, 1999.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by
the following vote.
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS:. None.
ABSENT: None.
Note for the Record: There was no roll call.
43. APPROVE FIRST READING ORDINANCE AMENDING ORDINANCE 10544 - AMEND
FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION FOR PROPERTIES AT 1401
AND 1441 NORTH MIAMI AVENUE TO GENERAL COMMERCIAL - APPLICANT: PLANNING
DEPARTMENT.
Vice Chairman Gort: What are we on?
Chairman Plummer: We are now on item nine. This is the old Fire Station Two, they are going to turn it
into something..
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): Yes, sir.
Chairman Plummer: Moved by Gort, seconded by Plummer. I can't second, can I?
98 January 26, 1999
Mr. Joel E. Maxwell (Deputy City Attorney): No, sir.
Chairman Plummer: No. Moved by Gort, seconded by Teele. Read the ordinance. First reading.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED
AT APPROXIMATELY 1401 AND 1441 NORTH MIAMI AVENUE,
MIAMI, FLORIDA, FROM RECREATION AND MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES TO GENERAL COMMERCIAL; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
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.
Commissioner Teele: May I inquire?
Chairman Plummer: Can you brief...? Go ahead, Mr. Teele.
Commissioner Teele: What is the basis for the request for the change by the department?
Ms. Lourdes Slazyk (Assistant Director/Planning Department): Well, the property is, right now in the
City of Miami's hands. In government hands. And, when a property is going to be sold the G1 and PR
designation are really not suitable for private sector for whatever they want to do. So, we looked to what
the zoning in the neighborhood is, and what the most appropriate zoning would be to apply to a property
that we have surplused for sale.
Commissioner Teele: Well, I am trying to understand, who is the `they" and what do "they" want to do?
Chairman Plummer: ... to an RFP (Request for Proposals).
Ms. Bianchino: No...
99 January 26, 1999
Commissioner Teele: No.
Ms. Bianchino: ... the property has got to be put up for sale and under a bid procedure the uses as Lourdes
has mentioned in the area of commercial, we feel this is the most suitable zoning for the property. In
order to put it out for sale we need to be able to tell the potential buyers what the zoning will be.
Vice Chairman Gort: Commissioner, let me tell you. That whole corner is changing, that whole area is
going to change, God willing.
Chairman Plummer: Yeah, I got to talk to you about your friend.
Commissioner Teele: I am well aware of it, Commissioner.
Chairman Plummer: Can I ask? Can you briefly tell me what the two people that voted against it on the
Zoning Board or the Planning Advisory Board...
Ms. Slazyk: Yes.
Chairman Plummer: Was there any good reason they voted against it.
Ms. Slazyk: No, the... The issue was that they wanted the property to be designated historic. Prior to the
sale...
Chairman Plummer: Thank you. Call the roll. Call the roll. First reading.
44. APPROVE WITH MODIFICATIONS FIRST READING ORDINANCE TO CHANGE
ORDINANCE 11000, ARTICLE 4, SECTION 401 - AMEND ZONING ATLAS - CHANGE ZONING
DESIGNATION FOR PROPERTIES AT 1401 AND 1441 NORTH MIAMI AVENUE TO C-2 LIBERAL
COMMERCIAL - APPLICANT: PLANNING DEPARTMENT - DIRECT CITY MANAGER TO HOLD
SALE OF CITY OWNED PROPERTIES AT 1401 AND 1441 NORTH MIAMI AVENUE PENDING
STUDY.
Chairman Plummer: Yes, item ten, a companion is first reading. Same location. Moved for approval by
the department, and recommended by the PAB (Planning Advisory Board) on the same five to two vote.
Read the ordinance. Moved by Gort, seconded by Teele.
Chairman Plummer: Motion understood. Call the roll.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Yes, Mr. Teele.
Commissioner Teele: You asked a very good question. Why would those two people vote against it?
Chairman Plummer: You heard the answer.
100 January 26, 1999
Commissioner Teele: Well, I didn't. You really sort of cut her off. But, let me... I really would like to
hear the answer, because... Am I to be? Am I to understand that this property could be designated as
historic?
Ms. Lourdes Slazyk (Assistant Director/Planning Department): Yes, it can. And, actually the designation
report has already been prepared, and the PAB made a separate motion directing us to proceed with the
designation which we are taking it to the Board to do so. They additionally asked us to look into other
legislation to amend our historic preservation ordinance which Sarah Eaton is working on. But we are
proceeding with it.
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): One of the things we had
thought about doing with this property, if you so direct us, is to sell it with the requirement that the side of
the building be maintained so that the historic character is not lost, rather than have someone come in and
just tear the building down completely. I must tell you that the building is not in good condition.
Chairman Plummer: Huh.
Ms. Bianchino: It's in very bad condition.
Chairman Plummer: Huh -huh.
Ms. Bianchino: And, requiring someone to keep the entire building would be a real economic hardship. I
think if you want to maintain the character by maintaining the facade, you are not going to get as much
money for the property, but we will be maintaining the historic nature of the property.
Chairman Plummer: Let me tell you something. If the termites ever unfold their arms in that building, it's
going to fall. Ben Shepherd, just for your information. Ben Shepherd tried to put a clinic in there in the...
fifteen, twenty years ago, and it's vacated at least that long because he just couldn't maintain the building
in any kind of shape to continue to have a drug clinic in there, it was so bad. We gave it to him for free,
and he gave it back. -
Commissioner Teele: Look, let's put all this on the record. This is an area that's very close to the
Performing Arts Center. It is going to have an extremely positive value in terms of that whole
neighborhood looking at what's going on. I think Commissioner Gort, Commissioner Plummer have
probably a better understanding than I do. But, I mean, I don't think we should look at this as happy go -
lucky, pell-mell kind of activities here. This, this particular location is extremely valuable, and the value
is only going to increase. I also would like to put on the record that many developers have found that the
Federal tax code is extremely helpful to easements that have been dedicated, and... And, 1 can tell you
first-hand that it is a tremendous advantage and not necessarily a negative. So, I want to be clear that, that
isn't you know, Hicksville when we talk about this, really. And, it's no need to try to diminish the value
to some bidder by saying an easement is going to do that, because an easement could in effect, properly
donated, and properly dedicated could have a substantial increase in the value of the property if you
dedicate an easement to one of the trusts or one of the foundations. I don't think we should move too
quickly on this. Because, I think if we are not careful, we are going to give away something at a bargain
price now, that two weeks after the Performing Arts Center ground breaking, the value of it changes
dramatically. So, I think we should go slow. I agreed that maybe the termites do have their arms folded
and they, hopefully they won't unfold them. But, 1 really do think, to Commissioner Sanchez especially
who is sort of the watchdog for the dollars, that just selling off property, government property particularly
when anybody can see the transitional pattern that's moving, may or may not be the best thing at this point
in time. And, I say that with caution not with an objection, but just with a caution and I want to put that on
101 January 26, 1999
the record. - Because I think this is a very valuable..., You have had a major tenant to move in directly
across the street, you know, South Beach kind of stuff. It's a lot of things going on in that area, and 1
really do think that moving the way we are moving, we are not really doing the business, we may not be
doing the business of the citizens proper. I...
Chairman Plummer: Motion is to defer.
Commissioner Teele: When is the item going to come up for a? No, when is the item going to come up
for a?
Vice Chairman Gort: This is first reading.
Commissioner Teele: No, no. When is the item going to come up for a sale? Is it already on a list of
properties to be sold?
Ms. Bianchino: The Commission has already declared it surplus, sir.
Commissioner Teele: Well, I would rather approve this and, and ask that the surplus property list be held.
or that item be held pending a little bit of a study and particularly with Commissioner Plummer's... It's in
your district, J.L., I would assume.
Chairman Plummer: Right.
Commissioner Teele: It's on that side of the railroad track.
Chairman Plummer: Yeah. Well, I go on both sides of the railroad tracks.
Commissioner Sanchez: He goes everywhere.
Commissioner Teele: More and more.
Chairman Plummer: And, the amen corner. All right. So then, we'll go on the first reading on item
eleven also. Moved by Teele. Seconded by Sanchez. This is first reading only.
Vice Chairman Gort: Right.
Chairman Plummer: On item... We have done ten. We are now doing eleven.
Mr. Maxwell: No, they are not companions.
Chairman Plummer: Correct?
Ms. Slazyk: Eleven is a text amendment regarding flower carts?
Chairman Plummer: But, wait a minute, no. Then, nine and...
Ms. Slazyk: Nine and ten.
Chairman Plummer: Ten, we didn't do ten.
102 January 26, 1999
Mr. Maxwell: You passed nine and ten is a companion. And; you have a motion and second.
Chairman Plummer: But, we did nine?
Mr. Maxwell: You did nine. Ten is before you now. Yes.
Chairman Plummer: So, now the motion is on ten with a second, and read the ordinance.
Mr. Maxwell: I have read the ordinance.
Chairman Plummer: You read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE, OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING PAGE NO. 23 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM PR PARKS AND RECREATION
AND G/I GOVERNMENT AND INSTITUTIONAL TO C-2 LIBERAL
COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1401 AND 1441 NORTH MIAM1 AVENUE,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez -
Commissioner Arthur E. Teele, Jr. .
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
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.
103 January 26, 1999
45. APPROVE FIRST READING ORDINANCE AMENDING ARTICLE 4, SECTION 401. OF
ZONING ORDINANCE 11000 TO ALLOW SALES OF FRESH FLOWERS FROM MOBILE
VENDING CARTS IN OPEN AREAS — APPLICANT: PLANNING DEPARTMENT - DIRECT CITY
MANAGER TO RETURN WITH ALTERNATIVES PRIOR TO SECOND READING OF ITEM.
Chairman Plummer: Item eleven, the flower carts.
Mr. Lourdes Slazyk (Assistant Director/Planning Department): Flower carts right now are allowed in
commercial districts. What this is seeking to do is require Class II to be able to do a review of the carts.
We get everything from people setting up, you know, with a little. table and buckets to very nice carts.
These types of carts are things you are seeing, like in gas stations and those convenient stores. People will
set-up and do them and they could be very attractive, you know, in an urban setting like Miami. But, what
the department would like to do is, be able to review them on an individual case by case basis to make
sure that they are attractive and well maintained and...
Chairman Plummer: But, you can't enforce it, that's the problem.
Vice Chairman Gort: Mr. Chairman.
Chairman Plummer: Mr. Gort.
Commissioner Regalado: Yes, you can.
Vice Chairman Gort: I was just going...
Chairman Plummer: Don't tell me you can, because I'll take you right up here now to Grand Avenue and
I'll show you two...
Vice Chairman Gort: 1 thought I had the floor.
Chairman Plummer: You got the floor.
Vice Chairman Gort: Thank you.
Commissioner Regalado: After Commissioner Gort, please.
Chairman Plummer: I don't know what you want to do with the floor, but you can have it. Mr. Gort has
the floor.
Vice Chairman Gort: I think we have gone...' We have gone through this before and 1 think there is no
one more experienced than Maxwell in this topic. And, we had that with the hot dog vendors in
downtown Miami where we went through all kinds of problems and tried to put the criterias and
guidelines and we wanted to make sure that it was approved by the courts and we would not have any
problems because we were sued before and we lost the suit. But let me tell you, I don't mind having this
if we can really enforce it. The biggest problem we have with the hotdog vendors in downtown, they
cannot be enforced, and they look, let me tell you, it looks very detrimental. I think... And, the reason we
did it was to allow those individuals, small businesses to go into business and become entrepreneurs by
having one of those carts. What's happening is, and this is where we have to be very careful if we move
104 January 26, 1999
on this, that we have one cart per owner. Because, right now what you have, you have one guy owning ten
hotdog carts and then pay somebody three fifty an hour, and they have a lot of turnovers and it's not reall%,
done very professionally. I think we need to do something, and we have a lady, the young lady back there.
who is in charge of the hotdog vendors in downtown and as a NET (Neighborhood Enhancement Team)
she can speak about it and she can tell you the trouble she went through. So. I want to make sure that if
we move on this, and we have any problems, that we can enforce it.
Chairman Plummer: Willy.
Chairman Plummer: And, the one property... one owner per cart.
Commissioner Regalado: If...
Ms. Slazyk: Right. The difference between this and the hotdog vendors is that that -was on public -right-
of-way. This is private property. This is...
Commissioner Regalado: Yeah, and I remember that about... It was about two years ago that I asked your
department to review this. And, the reason is that there are a lot of people who pay rent within a 7-eleven
or a service station to the owner. And, then what happened was, that the police will arrive there and ticket
those people. And, you know, those people would not understand what was going on, and that is the
reason that I requested that from you. I think... And, I think that in downtown the Code is being enforced
because Anna knows of a case of a person who does not have a license to be a vendor in' downtown and he
was always been thrown out of downtown. So, I think downtown is being enforced.. I would think that
this is a good ordinance, and I think that Commissioner Gort is right, if we can say, well it has to be an
owner and not an operator or whatever. But, I think... I think that the City could enforce this ordinance
because they are very visible. I mean, the only thing that they have to do is just go and ask them, that's
all.
Chairman Plummer: Mr. Sanchez, are you there? Yes.
Commissioner Sanchez: Yes, Mr. Chairman. These people are basically chasing the American dream, you
know. They have a right to work. They have a right to establish their own business. They have a right to
go out there and do things that are legal and not illegal and earn a living to pay their rent and the
necessities of requiring today's rat race life that we live in. But, let me tell you something. Of course,
with everything we must have rules and regulations. Yes, to have control 1 think we need the rules and
regulations. These flower carts that are on the gas stations today, right now as it is, do they require to
have a license?
Ms. Slazyk: Yes, they must have an occupational.
Mr. Maxwell: Occupational license.
Commissioner Sanchez: I guarantee you, 90 percent of them don't. True or not true?
Commissioner Regalado: Yes, they do. I mean, the NET...
Commissioner Sanchez: Wait, wait, wait. Excuse me, I have the floor, Commissioner.
Commissioner Regalado: No, I understand.
105 January 26, 1999
Commissioner Sanchez: I would yield to you, but...
Commissioner Regalado: But, I just want to have... No, Commissioner, I just wanted to help you because
I have been working on this because of many situations that arise, and they do have the license. It's
incredible.
Chairman Plummer: Would Captain Longueira, please wake up. Captain Longueira, would you please
wake up? Thank you.
Commissioner Sanchez: Mr. Chairman, I hate to differ with my colleague, but I don't think that most of
those people have licenses, that's to start off with. The problem that I do see here is, one, if you have it in
the gas station and they are paying to use that gas station and the owner gives them authority, they are not
violating a private business. Otherwise, not two stores down or a block down or two blocks down there is
a flower shop that pays City taxes, pays all the licenses, insurance, et cetera, et cetera. They cannot
compete. But, I tell you this much, I support anybody in this City, and in this world that would work hard
to earn an honest living. If it's going to generate control, 1 support it. If it's going to deprive the private
sector people that are paying the overhead cost, the insurance, I will not support it.
Chairman Plummer: I'now appoint you as a committee of one to be the enforcer.
Commissioner Sanchez: Somebody has got to take the lead.
Chairman Plummer: Well, you know, and let me just tell you this; OK. This is ridiculous. Just go look
right up here on Grand Avenue..
Vice Chairman Gort: First reading. Got to come back..
Chairman Plummer: Hey, go right here to Grand Avenue. We did this thing to give location so that there
wasn't this multiplying of everything. The next thing we know, three so-called religious groups have now
put their carts out there, they are blocking the sidewalks and they are saying "we are religion, and you
can't touch us" and obviously, that must be the case because they are there every day.
Commissioner Sanchez: But, Mr. Chairman, we have people that are out there selling flowers underneath
I-95 that are earning an honest living. They are not out there breaking any laws, they are working.
Chairman Plummer: I hear you, but as Mr. Gort...
Commissioner Sanchez: OK.
Chairman Plummer: Look, I am not going to fight this ordinance again. I fought it once before in front of
the arena. But. -let me tell you something, you take a person that's in the flower business today, all right. I
mean. legitimate as you spoke before...
Commissioner Sanchez: That was my argument.
Chairman Plummer: ... that has to pay ad valorem taxation...
Commissioner Sanchez: That was my argument.
106 January 26, 1999
Chairman Plummer: ... have to pay permits, have to pay... have plumbing supplies, have to have
bathrooms available to the public, you name it. I mean, you know, they got to jump, they got to have an
occupational license, CU, CO's, PU, PO, whatever the hell it is.
Commissioner Sanchez: All right. Let's...
Chairman Plummer: All right. Now, this guy gets a cart and he goes down the street and he a'ets one
license, a peddlers license. Is that fair to the guy who is paying his taxes? Let me tell you, you talk about
flowers, now you are talking my line. Go out around any cemetery, the entrance...
Vice Chairman Gort: That's where you sell them?
Chairman Plummer: ... to any cemetery, all right.
Vice Chairman Gort: Now, I know where they get their supplies.
Chairman Plummer: That's right. And you look of the people that are operating out of the back of
station -wagons who used to go to a legitimate flower shop and spend their money, in a legitimate flower
shop, not any more. Not only is it convenient, they are selling for less because they don't have to go
through all of the taxes and the prices. You know, and I'll give you the crown and glory of all of it. In
front...
Commissioner Regalado: Mr. Chairman.
Chairman Plummer: Let me finish, if I may. You know, I had a funeral in Jesus Church and 1 asked this
cart to please move over so I could get the casket into the church. I want to tell you something, I had to
call a policeman to get that person to move that cart so I could get the casket in the church. I mean, these
people think that they are God Almighty. So, the only thing I could say in this particular ordinance that I
see is, it is on private property and if the owner of the property doesn't make... doesn't make the people do
what this ordinance calls for, then we can go after him.
Ms. Slazyk: Yes.
Chairman Plummer: On public property, we are the public and we are the public enforcers, and we
obviously can't do anything.
Commissioner Regalado: And, I think that one of,
of private property. But...
Chairman Plummer: OK, first reading.
Commissioner Sanchez: No, no, no. Wait a minute.
Well, that's the purpose of this ordinance in terms
Commissioner Regalado: But, I think... I think that if we should even specify within this ordinance that,
for instance flower vendors should not and cannot be of certain distance from an established...
Mr. Maxwell: No, sir.
Chairman Plummer: That don't work. It don't work.
107 January 26, 1999
Ms. Slazyk: That's up to the private property.
Commissioner Regalado: ... business. Excuse me. The City of New York just did that.
Commissioner Teele: In nudity.
Mr. Maxwell: They might have done that sir.
Commissioner Regalado: In nudity and in other...
Commissioner Teele: How did you know about that?
Commissioner Regalado: I read USA Today.
Commissioner Sanchez: Yeah, Commissioner, how did you know about that?
Commissioner Regalado: I am telling you, I don't know, Mr. Attorney if that is something that cannot be
included in the ordinance. But, I am telling you that some cities have done the same closer to home.
Tampa, St. Pete has done that with vendors. Certain, certain products cannot be of certain distance from
established products where they sell the same products. So, I don't see... Is that something that would be
considered unconstitutional or illegal?
Mr. Maxwell: Commissioner, we have looked at that many times in the past. That's an issue has come
up, that various Commissioners raised at one time or another and the courts have consistently held that the
municipalities or local governments cannot enter into the business...
Chairman Plummer: That's exactly what we did in front of the arena.
Mr. Maxwell: Excuse me, Commissioner, that municipalities...
Chairman Plummer: Is he correcting me?
Mr. Maxwell: No, I wasn't correcting you.
Chairman Plummer: The ex -City Attorney is correcting me.
Vice Chairman Gort: He was very polite saying excuse me, and I don't blame him.
Mr. Maxwell: That that... Commissioner Plummer is right, he's raised this point many times as well.
That municipalities cannot get into the business of protecting one economic interest from another. The
courts have consistently held that. Municipalities may adopt ordinances doing that. And, the City of New
York might have done it, but it doesn't mean that a court will uphold it. And, if they do, we certainly will
come back to you and say a court has found this, if it's a court...
Chairman Plummer: Can I make?
Mr. Maxwell: ... that we feel is of competent jurisdiction is here, in this area.
Chairman Plummer: Mr. Sanchez.
108 January 26, 1999
Commissioner Sanchez: Mr. Chairman, this is a double blade sword on this. But, I'll tell you what. I
know you just said, and I asked you... How about coming up with a lotto system where you could give out
20 licenses or 25, 50 licenses...
Mr. Maxwell: We do that in the downtown area. We do it in the Coconut Grove area.
Chairman Plummer: And, you did it in front of the arena.
Mr. Maxwell: We did it in the arena as well. In the arena area as well. Those are special vending
districts and that how we address that issue. And, as Commissioner Gort pointed out, we were taken to
court and we won that at the Circuit Court level and at the Court of Appeal level. So that is something
we can do.
Chairman Plummer: All right, let me offer a suggestion. Mr. City Attorney, I think you know what this
Commission is trying to accomplish by the comments made. Before the second reading I would like you
to come back with as many alternatives and the Administration as you can develop to give us some
latitude of where we can go and what we can and cannot do.
Mr. Maxwell: Are we talking about in the private sector, or on public right-of-way?
Chairman Plummer: Well, that's what I understand that this is only on the private sector.
Ms. Slazyk: Yeah, see, this is private property only, so the owner of the property will determine whether
he wants... If he's renting a space to a flower shop, he is not going to put a vendor out there, he is not
going to create competition for the guy that's paying him rent.
Chairman Plummer: Yeah, but the next door is.
Commissioner Sanchez: Yeah, how about next door, the guy paying the rent, the insurance, the light.
You know, it's not fair:. I know we have to... I can't deprive anybody from making an honest living...
Vice Chairman Gort: Question.
Commissioner Sanchez: ... no one here can.
Vice Chairman Gort: Mr. Chairman, I have a question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: What kind of permit do they have to pull?
Ms. Slazyk: This would be a Class II -Special permit.
Vice Chairman Gort: A Class II -Special permit. Does that have an occupational license?
Mr. Maxwell: Yes.
Ms. Slazyk: It will... You have to get an occupational license after they are approved.
Vice Chairman Gort: Would they also need a CO?
109 January 26, 1999
Ms. Slazyk: No, not a CO.
Vice Chairman Gort: Certificate of...
Ms. Slazyk: No, certificate of use and an occupational license.
Vice Chairman Gort: In other words, it would have to go through the regular inspections that we all go
through when we pull our licenses?
Ms. Slazyk: Yes.
Vice Chairman Gort: So, the property, the guy renting to this flower shop knows he has to go through all
that too. So make sure you make him aware. And, what I would like is, to make sure that if this passes in
the second reading, that every vendor understands the rules and regulations. Because, the problem is that
we have with the street vendors is that everybody interprets this their own way. The Police cannot enforce
because they call the Law Department, the Law Department says no, and no, they don't have to move, yes,
they have to move. So, we have to make sure, really specify.
Ms. Slazyk: Yeah, the street is different than private property because on private property they are going
to be held to the plans that they submit.
Chairman Plummer: Bring it back on second reading.
Vice Chairman Gort: I understand, but I am also... This is for the, for the... Because we are having a lot
of problems with vendors and we need to work on those things.
Mr. Maxwell: Yes, sir.
Chairman Plummer: You'know, one of the things I try to do before, and you ought to try it -again. Make
them file with the City every month, their sales tax receipts of taxes that they pay. And, when you talk
about sales tax, buddy I'd hate to see how little that is paid. We got it in the downtown ordinance, put it
in this one.
Vice Chairman Gort: Go ahead.
Chairman Plummer: OK, read the ordinance.
Chairman Plummer: Moved by Sanchez, seconded by Gort. Call the roll.
110 January 26, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
4, SECTION 401, C-1 RESTRICTED COMMERCIAL, TO ALLOW
FLOWER CART VENDING IN DESIGNATED OPEN AREAS
SUBJECT TO ISSUANCE OF A CLASS 11 SPECIAL PERMIT:
CONTAINING A REPEALER PROVISION , AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Vice Chairman Gort, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
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.
Vice Chairman Gort: Wait a minute. Excuse me.
Chairman Plummer: What?
Mr. Walter J. Foeman (City Clerk): Chairman Plummer, roll call.
Chairman Plummer: I vote yes.
Vice Chairman Gort: We have an announcement which is very important.
Chairman Plummer: No, no, no.
Vice Chairman Gort: J. L., might get a new car.
Chairman Plummer: Maybe. [APPLAUSE]
Vice Chairman Gort: Oh, my God.
Commissioner Regalado: Do we declare that one historic?
Commissioner Sanchez: He's had the same car for 20 years.
III January 26, 1999
Chairman Plummer: I filed for re-election. I have got to have a car to go around in.
Commissioner Regalado: Don't do that until November. I mean, it's bad luck. I mean.
Chairman Plummer: The Police Department is buying the car, and they are putting it at Grand and Plaza
to scare all of the drug dealers.
46. APPROVE VENETIAN CAUSEWAY MASTER PLAN PROJECT - DIRECT ADMINISTRATION
TO PROVIDE CITY COMMISSION WITH MONTHLY STATUS- REPORTS ON PROGRESS AND
COST OF VENETIAN MASTER PLAN PROJECT.
Chairman Plummer: Venetian Causeway Master Plan. I am sure everybody is in favor of.
Commissioner Teele: But, I don't think the car is worth forty thousand dollars ($40,000).
Chairman Plummer: Why not? It's historic value. You just spoke to historic value. All right.
Vice Chairman Gort: The car might be, I don't know about the owner.
Chairman Plummer: Thanks.
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): There is a mistake on your
agenda, it says first.reading. It's incorrect.
Chairman Plummer: How come there is no one here from Venetian Causeway?
Ms. Bianchino: This is a resolution.
Chairman Plummer: OK. Are you in favor of this, sir?
Vice Chairman Gort: We all are.
Chairman Plummer: We are all in favor of it.
Ms. Ana Gelabert-Sanchez-Sanchez (Director/Planning Department): Would you like to see the
presentation? No?
Chairman Plummer: 1 don't know why, I mean everybody is in favor of it.
Ms. Gelabert-Sanchez: OK.
Chairman Plummer: It's in my district. I move it.
Vice Chairman Gort: Second. No, you can't move it.
Chairman Plummer: 1 can't move anything in my district?
Vice Chairman Gort: No. And, you should be quiet.
112 January 26, 1999
Mr. Joel E. Maxwell (Deputy City Attorney): If you pass the gavel, you can.
Commissioner Regalado: I'll second it.
Chairman Plummer: I don't think I like this job.
Commissioner Teele: Why does the rule say that you can't move something?
Chairman Plummer: I don't know. That's what the rules say.
Vice Chairman Gort: So, 1 can keep him quiet.
Chairman Plummer: Thanks. All right, moved by Gort, seconded by anybody? Everybody?
Commissioner Sanchez: Anybody.
Commissioner Regalado: Me.
Chairman Plummer: All right, read the ordinance.
Mr: Maxwell: It's a resolution.
Mr. Foeman: Resolution.
Chairman Plummer: Resolution. When is the bridge supposed to be finished?
Mr. John Ballow: June or July.
Chairman Plummer: Of this year?
Mr. Ballow: Yes, sir.
Chairman Plummer: Now, once they do that... Come up to the microphone for a minute, if you would.
Once they do that, then they are going to do the other end, is that correct?
Mr. Ballow: No, this, this is the last end. This is the last of the...
Chairman Plummer: This is the western bridge.
Mr. Ballau: Right, that's right.
Chairman Plummer: And,- they are not doing the eastern, that's already been done, and nothing in
between?
Mr. Ballow: They have already done that. Right and all the little bridge in between. - They were done first.
The first work was the small bridges connecting one and then the second phase, if you will, was the east
bridge. Remember there was a temporary bridge erected there for a while and then the last phase of that
work is the completion of the intracoastal or the western...
Chairman Plummer: All right, Dena, where is the money coming from to do ths?
113. January 26, 1999
Ms. Bianchino: The money is not in place right now. We have identified possible sources of funding in
the plan and we will be working with FDOT (Florida Department of Transportation), with everybody to
see how we can fund this plan. It is not City funding.
Chairman Plummer: But we are not giving these people false hope?
Ms. Gelabert-Sanchez: No.
Ms. Bianchino: I think... I won't speak for the residents.
Ms. Gelabert-Sanchez: The...
Chairman Plummer: No, no, no. I mean, you know it's nice to approve a Master Plan.
Ms. Bianchino: The Plan clearly...
Chairman Plummer: In 20 years from today after the dust has collected on it, and nothing has been done, I
am asking, are we giving these people false hope or is there some funding available?
Vice Chairman Gort: I had the opportunity to establish several of the meetings that were done to, first it
was to get the study. And, they are under the understanding that we have to get the funding to do this
study and we did that. Public Works was involved and we worked on it with FP&L (Florida Power and
Light) and all the people and we said that we would try to help in securing the funding to implement the
plan. And, that's my understanding the way it was explained to people. That we will work with them to
get the funding. The City, it is my understanding did not make any commitment for the construction
purpose. Our commitment was to make sure that we get the funding to do this study. Once the study was
done and we had the prices and everything, we'd look for the other grants or whatever could be done.
Mr. Ballow: Well, part of the objective as 1 understand it was...
Chairman Plummer: For the record, your name and your mailing address.
Mr. Ballow: John Ballou, at 801 North Venetian Drive.
Chairman Plummer: And you were sworn in?
Mr. Ballow: No, I wasn't. I am sorry.
Vice Chairman Gort: This is not a zoning.
Chairman Plummer: This is not a zoning?
Ms. Bianchino: It's a plan approval.
Vice Chairman Gort: It's a plan approval.
Chairman Plummer: So, we don't need him to be sworn in?
Mr. Joel E. Maxwell (Deputy City Attorney): Yes. It's a public...
114 January 26, 1999
Chairman Plummer: The City Attorney says, raise your right hand. English or Spanish?
Mr. Ballow: English, or...
Chairman Plummer: All right.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE -
NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Ballow: I do.
Chairman Plummer: Go ahead, and proceed sir.
Mr. Ballou: I think part of the objective is to have something in place which is compatible with what has
been approved and adopted by the City of Miami Beach so that we have a consistent plan for the entire
causeway, if you will. So, I mean, that doesn't speak to the funding aspect, but I am saying that that's part
of the overall objective.
Chairman Plummer: And, I'll ask the Administration to give us a monthly...
Ms. Gelabert-Sanchez: I would .like to add, and...
Chairman Plummer: Would you like to tell us who you are?
Ms. Gelabert-Sanchez: Yes, my name is Ana Gelabert-Sanchez with the Planning Department.
Chairman Plummer: Of the City of Miami. Yes, thank you.
Ms. Gelabert-Sanchez: Yeah, not Miami Beach, but Miami.
Chairman Plummer: Yes.
Ms. Gelabert-Sanchez: We have done this together with the City of Miami Beach and the MPO
(Metropolitan Planning Organization) has granted five hundred and eighty-five thousand dollars
($585,000) that has been allocated towards the improvement of Venetian Causeway. The purpose of the
Master Plan, and we were doing this as part of Miami Beach, and we are doing a joint application and we
are going back to the MPO to seek additional funds to implement the whole project.
Chairman Plummer: Can I ask you to give this Commission a monthly statement as to the posture of
where it is, where you are with the funding, how things are progressing. So, when people call me or call
one of my colleagues and ask us what's with the Venetian Causeway Master Plan, we will be informed.
Ms. Gelabert-Sanchez: 1 will, sir.
Chairman Plummer: OK, read the ordinance. It's... This is an ordinance?
Mr. Maxwell: It's a resolution.
Chairman Plummer: Is this item eleven or twelve?
115 January 26, 1999
Mr. Ballow: Twelve.
Mr. Maxwell:. This is twelve.
Ms. Fernandez: Like Ms. Bianchino said there is a...
Mr. Maxwell: There is a mistake on the agenda. It's...
Chairman Plummer: Get out the whip. Who made the mistake?
Ms. Fernandez: I made the mistake. You're going to get...
Chairman Plummer: The whip. I --
Ms. Fernandez: Yes.
Chairman Plummer: The whip.
Ms. Fernandez: Yes.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-88
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), ACCEPTING THE VENETIAN CAUSEWAY
.MASTER PLAN, ATTACHED HERETO AS "EXHIBIT A", AS A
GUIDING TOOL FOR FUTURE DEVELOPMENT, PRESERVATION
AND BEAUTIFICATION OF THE VENETIAN CAUSEWAY AREA
LOCATED WITHIN THE CITY OF MIAMI.
116 - January 26, 1999
(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 Arthur E. Teele,_ Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Note for the Record: Although absent during roll call, Commissioner Sanchez requested of the
Clerk to be shown as being in agreement with the motion.
Commissioner Regalado:. Mr. Chairman, just a...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Since we have Ana and Lourdes, l.think that it is important that on the record
we make a comment regarding the... now that we are talking about Master Plan, the Latin Quarter
situation.
Chairman Plummer: Wait, wait. Whoa, whoa. Let's get finished the agenda and then we can come to
that. Item thirteen.
Commissioner Regalado: OK. 1 want an opportunity to address that issue.
Chairman Plummer: Sir...
Commissioner Teele: The Master Plan one more time, please. Where are those cards?
Chairman Plummer: I am sorry. Just leave them out there until the meeting is over.
47. FIRST READING ORDINANCE AMENDING SECTION 62-93(d) OF CODE ENTITLED
QUORUM PUBLIC RECORDS CONCERNING CITY ZONING BOARD - REMOVE SHORTBOARD
LANGUAGE - AMEND QUORUM REQUIREMENTS - APPLICANT; PLANNING DEPARTMENT.
Chairman Plummer: All right, go ahead. The City of Miami Quorum public records, short board
language. This is for the Clerk.
Ms. Lourdes Slazyk (Assistant Director/Planning Department): The Planning Department sponsored it,
but it was actually as a result of a request by the Law Department to bring the code Chapter 62 and
Chapter 2 into compliance. There is no need anymore for the short board !rule.
Chairman Plummer: Moved by Gort, seconded by Sanchez. Read the ordinance.
117 January 26, 1999
Chairman Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING SECTION 62-93(d) OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED
"QUORUM; PUBLIC RECORDS", CONCERNING THE CITY
ZONING BOARD, TO REMOVE THE "SHORT BOARD"
LANGUAGE CONTAINED THEREIN WHICH IS SUPERFLUOUS
DUE TO THE PROVISIONS OF SECTION 2-887 OF THE CITY
CODE AND TO AMEND THE QUORUM REQUIREMENTS TO BE
CONSISTENT WITH THE PROVISIONS THEREOF; CONTAINING -
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
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.
48. APPROVE FIRST READING ORDINANCE AMENDING ARTICLE 6, SECTION 609 OF
ORDINANCE 11000 - PERMIT OUTDOOR PHOTOGRAPHY AS CONDITIONAL ACCESSORY USE
IN BISCAYNE BOULEVARD BISCAYNE OVERLAY DISTRICT - COMMENTS IN CONNECTION
TO HOW OFTEN RESIDENTIAL .PROPERTIES MAY BE USED FOR FILMING - FURTHER
INSTRUCT ADMINISTRATION TO MAKE ISSUANCE OF PERMITS TO FILM INDUSTRY AND
OMNIBUS AFFIRMATIVE PROCESS.
Chairman Plummer: Yes, PZ-16 is the last item of the day of the regular agenda.
Ms. Lourdes Slazyk (Assistant Director/Planning Department): PZ...
Chairman Plummer: Tell us what this means.
Ms. Slazyk: OK, PZ-16 is to allow outdoor photography and studios in the SD-9 overlay district on
Biscayne Boulevard. What's happening now is a lot of the South Beach, the entertain... well, not the
118 January 26, 1999
entertainment, the... like production studios and photo studios, a lot of spill -over is now starting to come
over into the City of Miami.
Commissioner Sanchez: So moved.
Ms. Slazyk: OK. This is the area where they...
Chairman Plummer: Moved by Sanchez, seconded by Teele, on first reading.
Vice -Chairman Gort: I have a question.
Chairman Plummer: Yes, so do I. Mr. Gort.
Vice Chairman Gort: Do we have to pull a permit to take pictures outdoors?
Ms. Slazyk: Well, if you want to have any kind of stage set or a back drop...
Chairman Plummer: Yeah.
Ms. Slazyk: ... or something like that, what this would do is designate the area and let us see how you are
going to buffer it off so it doesn't, you know, become...
Vice Chairman Gort: But my question is, within the.City of Miami, can't you do that right now, pull a
permit and just do shooting anywhere you want?
Ms. Slazyk: Not, anywhere. No.
Commissioner Teele: The...
Vice Chairman Gort: There are certain restrictions -and (inaudible) where you can't do it.
Ms. Slazyk: If you want... To just shoot pictures, yes, you can do that.
Vice Chairman Gort: No, I am talking about the
Ms. Slazyk: But, if you want to do a stage set, you need... You can't just do that anywhere.
Vice Chairman Gort: Because I see models and pictures being taken all over:
Ms. Slazyk: Yeah, if...
Vice Chairman Gort: Do those people pull permits?
Ms. Slazyk: I don't know if they do, but if they want to set-up a stage set, they can't just do that in any
district. A per... it's more of a permanent set-up, yeah.
Vice Chairman Gort: Right.
Chairman Plummer: Well, let me...
119 - January 26, 1999
Ms. Slazyk: Temporary set-ups...
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): What she's saying is this... This
is permanent set-ups for photography outdoors. If you want to go down the street and just take a picture...
Vice Chairman Gort: No, I understand, but I see a lot of production take place, like across the street and
so on, and they are doing all over.
Chairman Plummer: All right...
Vice Chairman Gort: It's my understanding.
Mr. Joel E. Maxwell (Deputy City Attorney): They get permission.
Chairman Plummer: All right,. my problem is very simple. Is there anything in this ordinance that says
how many times a given location can be used?
Mr. Maxwell: No.
Ms. Slazyk: No, there isn't.
Chairman Plummer: Then, I think in all reasonableness... There is one house right now on Tigertail that
is being used for photography, commercials, whatever it is. It was used this week, or last week for four
days.
Ms. Slazyk: Private residence?
Chairman Plummer: Private residence.
Ms. Slazyk: That's not allowed..
Chairman Plummer: Excuse me?
Ms. Slazyk: I don't think that's allowed.
Chairman Plummer: She is very good friend of yours. She used to be a very, very good friend of
everybody sitting here when she was an administrator. There are one house on Micanopee that has been
used five times for movies. I don't have any problem if it's going to save me once a year and maybe even
twice a year. But, when you start getting one given location four or five times, making it inconvenient for
people on Tigertail and other very, very busy streets, 1 think that we need to talk about it. So, all 1 am
saying, before you come back on second reading, I think we need consideration to be given that in fact
there is a limitation as to how many times a year one given address can be used, OK.
Ms. Slazyk: For residential I would like to address that with a separate legislation. This is non-residential
property.. It's Office and C-1. What they are frankly trying to do here is use the roofs of some of those
buildings to get the sky and...
Chairman Plummer: Look, I don't want to stop the filming industry
Ms. Slazyk: Right.
120 January 26, 1999
Vice Chairman Gort: No.
Chairman Plummer: They are a great industry for this. They are a clean industry.
Vice Chairman Gort: Nice, clean industry.
Chairman Plummer: They spend money like drunken sailors. I mean, it's amazing the amount of money
they spend for, for making these commercials or, or... The one that was the other day was a French serial
sitcom, all right. They paid four hundred dollars ($400) just to get a cocker -spaniel in an hour. To get
him involved in this thing they needed a cocker -spaniel, and they paid...
Vice Chairman Gort: Can they use a Dobey?
Chairman Plummer: Four hundred bucks. You want to be a dog?
Vice Chairman Gort: I got a Dobey, a Maltese and a Chihuahua.
Mr. Maxwell: If the price is right.
Chairman Plummer: No, the Chihuahua was missing. OK...
Commissioner Teele: Mr. Chairman, before you, before...
Chairman Plummer: Mr. Teele.
Commissioner Teele: Why do? Just explain, why do we need an ordinance for this?
Ms. Slazyk: Because the use... The use is specified in the ordinance and it isn't allowed in this district
now. And, actually...
Commissioner Teele: Well, why can't it be done by permit?
Ms. Slazyk: Well, as soon as they... the use is allowed in the ordinance then they come in and get their
permit.
Vice Chairman Gort: Then they can pull the permit. Right now, they can't pull the permit.
Ms. Slazyk: They can't pull the permit yet without this.. This is the first step.
Vice Chairman Gort: You see, I wasn't aware of that.
Chairman Plummer: All right, let's... let's do it on first reading and we'll seriously consider it on.second.
Ms. Slazyk: Yeah, what I would like to do for a second is come back with proposals for how to
address...
Chairman Plummer: All right. I hear you.
121 January 26, 1999
Commissioner Teele: But, let me... Let' me ask this. Why don't we just'have an omnibus. I mean, you
know, one of the reasons, and I can identify with only one part of what Commissioner just said, and that
is, this is a valuable industry.
Chairman Plummer: Absolutely.
Commissioner Teele: And, one of the things that everybody in the industry is complaining about is hoxv
bureaucratic California has gotten. How they have regulated them right out of the state. How, you know.
apparently every Mayor and every Governor is trying to do things to make it easy for 'em. Why don't we
just create an omnibus permitting and say that anything that relates to this can be,permitted and leave it up
to the Manager.. But, let's make this easy for the industry and you can solve Commissioner Plummer's
problem by just saying it has to be permitted. You don't limit them one time or two times. The Manager
can...
Chairman Plummer: The.floor is open for a motion.
Commissioner Regalado: Can I just say something about what Commissioner Teele has said? 1... Let
me...
Chairman Plummer: You want to deny it, deny it.
Vice Chairman Gort: No
Chairman Plummer: No.
Vice Chairman Gort: We want to approve it...
Commissioner Teele: We want to amend this and make this an omnibus...
Vice Chairman Gort: Right.
Commissioner Teele: ... permitting process for film and...
Chairman Plummer: All right.. Wait a minute:
Commissioner Regalado: I think, you know... I think that we have to do this for the whole City for one
reason. The County has just raised the price of the film and picture permit from, I think, fifty dollars ($50)
to two hundred and fifty dollars ($250). The City does not charge for film permits. I understand that the
Police...
Commissioner Teele: Come on, we do charge.
Commissioner Regalado: No, the Police Department does not charge for film permits.
Chairman Plummer: Let me tell you, one of the best things Miami Beach ever did...
Commissioner Regalado: But that's OK. I mean, because... I mean, because a lot of, a lot of the filming
in South Florida is done either on South Beach or in the City of Miami. None is done in Dade County.
And, the County demands that these people pull permits, and I think that we should... We should have a
122 January 26, 1999
department, we... I mean, the Police does the work very well, but we should do, like Commissioner Teele
says, a permit for the whole City so we will give them a lot of leeway to work throughout the Cite.
Chairman Plummer: Dena.
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): We are in complete agreement
with an omnibus ordinance, we will come back to you with it. But, in the interim. in order to facilitate the
activity of an existing business...
Vice Chairman Gort: Move it.
Ms. Bianchino: ... we want this to be passed...
Commissioner Teele: Well, I'll tell you what. I'll go one step.:. Why can't we make the? Look, why
don't we make this an emergency ordinance. Let's just go ahead...
Mr. Maxwell: 1 am sorry, you can't do this because this is a land -use ordinance, sir.
Chairman Plummer: That ended that question. Next question. Moved by Gort, seconded by Sanchez on
first reading. Read the ordinance.
Chairman Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH
OVERLAY DISTRICT, IN ORDER TO MODIFY PROVISIONS
RELATED TO CONDITIONAL ACCESSORY USES TO ADD
OUTDOOR PHOTOGRAPHY AS A CONDITIONAL ACCESSORY
USE TO PHOTOGRAPHERS OFFICES AND STUDIOS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
123 January 26, 1999
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. City Attorney, I would like to bring back CA...
Vice Chairman Gort: You have got close this meeting first, and open the other one.
Chairman Plummer: OK.
49. COMMENTS REGARDING NEED TO EVALUATE DISTRICT REGULATIONS
ENFORCEMENT FOR LATIN QUARTER.
Chairman Plummer: Dena.
Ms. Dena Bianchino: Commissioner Regalado wanted to...
Chairman Plummer: Oh, yeah, the Latin Quarter.
Commissioner Regalado: I have a comment that I need to make on the Latin Quarter. You know
sometimes we want to love to death people, and sometime we use friendly fire, and... but we kill them
anyway. And, we... everytime that we go to a meeting, either Commissioner Gort, Commissioner
Sanchez, Commissioner Plummer, myself, any Commissioner or the Mayor, any Mayor goes to a meeting
to Southwest 8'h Street and Little Havana we promise that we are going to build, that we are going do
something, that we are going to bring back Little Havana. And, when somebody tries to build something,
you know, the problems that that somebody faces are monumental. I mean, you know, you have to have a
column about this thick, you have to have the color, you know, it has to be off-white, you know not white,
but off-white. And, I just don't understand why we don't reform whatever we have. I mean, it's not that
we are going to let people build a but in Southwest 8`h Street, it's just the situation, it's becoming
ridiculous.
Ms. Ana Gelabert-Sanchez (Director/Planning Department): If 1 may? The Planning Department already
started looking at the SD-14 and the Latin Quarter and trying to see how we can streamline the process.
So, we are both looking at the ordinance, that's the zoning ordinance, and we are also looking at the board
itself to make sure that we are not delaying projects, but actually we are just expediting them.
Chairman Plummer: That's it.
Commissioner Sanchez: I would really appreciate that.
Ms. Gelabert-Sanchez: Yes, we already have started working on both.
Commissioner Sanchez: Thank you so much.
124 January 26, 1999
50. ACCEPT BID: BANNERMAN LANDSCAPING, INC. - FOR US] MEDIANS LANDSCAPE
MAINTENANCE CONTRACT - 1999, B-6311 - ALLOCATE $65,000 FROM ACCOUNT 3150501-340
- SEE LABEL 5.
Chairman Plummer: All right. We don't have to close this meeting according to the City Attorney.
Vice Chairman Gort: OK, good.
Chairman Plummer: Mr. Gort, I would ask you please to reconsider on item CA-3 which is the
landscaping for Brickell.
Vice Chairman Gort: Not for Brickell..
Chairman Plummer: Not for... Where is it for?
Vice Chairman Gort: For US-l.
Chairman Plummer: Well, OK, for the US-1.
Vice Chairman Gort: How hard are you asking?
Chairman Plummer: How hard am I asking that you do it and be a nice guy.
Vice Chairman Gort: OK. Bring it back.
Chairman Plummer: Moved by Gort, seconded by Sanchez.
Commissioner Sanchez: Hey, I love the way I second things without moving my lips, you know.
Chairman Plummer: Well, that's all right, you know... You are a puppet. All right, all in... Mr. City
Clerk, hello. Moved by Gort. Don't come up here asking me who moved it and who seconded it now.
Moved by Gort, seconded by Sanchez. You know what item it is?
Mr. Walter J. Foeman (City Clerk): Are we talking about CA-3?
Commissioner Sanchez: CA-8.
Chairman Plummer: You got it, Toyota. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
Commissioner Sanchez: One.
125 January 26, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-89
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF BANNERMAN LANDSCAPING, INC., IN THE
PROPOSED AMOUNT OF $65,000.00; FOR. THE PROJECT
ENTITLED "U S 1 MEDIANS LANDSCAPE MAINTENANCE
CONTRACT-1999, B-6311", WHICH CONSISTS OF $10,000.00, FOR
LANDSCAPE REPLANTING RENOVATIONS PLUS $55,000.00 FOR
ANNUAL MAINTENANCE, WITH THE OPTION TO EXTEND THE
ANNUAL MAINTENANCE FOR TWO (2) ADDITIONAL ONE-
YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL FUND, ACCOUNT CODE NO. 310501-340, FOR FISCAL
YEARS 1998-1999 AND 1999-2000, . IN THE AMOUNT OF
$65,000.00, 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 Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: - None.
51. DISCUSS REPAIRS FOR CENTER FOR HAITIAN STUDIES BUILDING LOCATED AT 8260
NORTHWEST 2ND AVENUE - RETURN TO CITY COMMISSION ON FEBRUARY 9, 1999 WITH
RECOMMENDATIONS - FURTHER INSTRUCTING CITY MANAGER TO DISCONTINUE
PRACTICE OF- TELLING APPLICANTS TO COMPETE ' FOR UNEXPENDED COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS - ALSO DISCUSSING CONCERN THAT UNEXPENDED
CDBG FUNDS BE USED FOR INFRASTRUCTURE PROJECTS.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Yes, sir.
Chairman Plummer: I see Dr. Pierre. ' He is here with bells and whistles and...
126 January 26, 1999
Commissioner Teele: The Manager is on the... is in the area.
Chairman Plummer: We were supposed to get an answer for Dr. Pierre.
Commissioner Teele: The Manager shared with me a memorandum which he has not circulated. I have
not spoken to the Manager, but let me just read into the record.
Chairman Plummer: Excuse me. This meeting is not adjourned. Sit down. Did 1 tell `em. huh? Did I tell
`em?
Commissioner Teele: Let me just read into the record -the Clerk's report. A request by Commissioner
Teele to schedule a hearing in conjunction with the previously recommended two hundred and fiftv
thousand dollars ($250,000) which were equally divided between two social welfare organizations of
which one hundred and twenty-five is now requested by one of the organizations, namely The Center.
And, further request by Teele... Further instructing the City Manager to report to the City Commission on
the structure of the aforementioned and a determination of the roof repairs. Now, I would like to start out
by just getting an update and how the inspection went that we requested. The inspection of the building. I
mean...
Ms. Gwendolyn Warren (Director/Community Development): I'm... I am sorry, sir.
Chairman Plummer: No, you are not, you are Gwen.
Ms. Warren: To his question, I wanted to respond, but I wasn't clear about what it was.
Chairman Plummer: Have you done an inspection of the building of a contention of a leaking root?
Ms. Warren: Are we talk...? No, we do not. I am not... Again, 1 am not clear about when the
instructions were given. Which piece of property are we talking about?
Commissioner Teele: I am reading from the Clerk's report. I mean, the instructions were given in public
meeting. And, again, Mr. Chairman, you know...
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): Commissioner, which
property?
Commissioner Teele: We are talking about the same property that we've been talking about, and that is,
the property that Commissioner Plummer just said, I see Mr. Pierre here. It is The Center for Haitian
Studies, Incorporated, located in accordance with the Clerk's instructions, 8260 Northeast 2"d Avenue.
Now, you know, this document is an after action report which I have asked that, you know, be made
available to me because it's very clear that instructions are falling through the crack, and that's why I want
to read this into the record because this is where we were on January the 12`h. Has the building been
inspected? I mean, 1 haven't been to the building, but we are relying on Dr. Pierre who I understand is an
honorable person. But, have we done an independent inspection of the building and the roof of the
building.
Ms. Bianchino: No, sir, we have not.
Chairman Plummer: Can I say a few words? Dena, as you know, I am the liaison to the consortium for
the training SFETC (South Florida Employment and Training Consortium) or whatever else you want to
127 January 26, 1999
add to it. I have really gone after the Executive Director about supplying money to the Haitian
community. He comes back and rightfully so has to tell us of the problems that exists, but only one
organization up there is doing what needs to be done to help the people of the Haitian community. We
have de -funded all kinds of Haitian organizations. Money has not done what it was supposed to do and I
am not casting any aspersions. It hasn't accomplished what it was supposed to do. I have to tell you, this
man's organization is the only one that is continuing to be funded, it is doing what it is supposed to be
doing and we need to help. Now, you know, I can help with the consortium which I have done, and I
continue to do and I am on Alfano's behind to go up there, this is in my district, in Teele's district, and we
need to give some of that money of WAGES (Work and Gains Employment Self-sufficiency) to those
people up there. And, yet we have all these organizations that got their hand out, but one consistently is
there doing what they are supposed to be doing. And, Dena, all I can say to you is, it's damn hard to do
business with a leaky roof. Now, I don't know what we can do and the money is supposedly there. The
one hundred and twenty-five thousand. If it's not, then let's say it's not, to see if we can't find money to
do the roof. But, 1 just, you know... I can't go further, I mean, I have gone as far as I can go. I think that
we need to go there between now and the next meeting in February. I think you need to not only inspect
the roof, I think you need to make recommendations to this Commission if it's possible or not possible
that we can have the roof done. You need to tell this Commission that there are monies available or not
monies available and I just don't think that we can put them off any longer and still turn around in the
Haitian community and say, hey, we are dealing fairly with you, Amen.
Ms. Warren: Commissioner.
Commissioner Teele: The Manager is not here but I want to express my appreciation to him for sharing
the draft memo. But, Dena, I want to say again, to you what I believe to be the situation, and I am going
to move an ordinance, if necessary. You need to stop telling people that there are going to be a
competition for unexpended CDBG (Community Development Block Grant) funds. As far as I am
concerned, there will be no competition for unexpended CDBG funds. As far as I am concerned, all
unexpended CDBG funds from year one to year twenty-three... What year are we in now, twenty-five?
Ms.'Warren: Four.
Commissioner Teele: We are in year twenty-four going to year twenty-five. As far as I am concerned, all
unexpended CDBG funds from year one through year twenty-three will go for activities approved by this
Commission under a separate process, primarily parks, roads, sidewalks and the kinds of infrastructure.
We continue to create this competition, and I am telling you, every time you all say this, you're creating a
competition within the public community that is unnecessary. It's not even healthy. We have identified
just today parks that need to be done. We have got a park up there in Commissioner Plummer's district
with seventy-five... seven hundred and fifty thousand dollars ($750,000) funds for Margaret Pace. We
have got road problems, we have got sidewalk problems. We have got roads in Commissioner Gort's
district that are Managua quality and a mess, and until this Commission says we are going to stop putting
out any unexpended funds, and reprogramming money for the world to come in. And, until we build the
infrastructure of this City up, we are going to continue to have problems. I am sending the Manager a
memo today about problems in the Design District. I am embarrassed to send the memo because the
Design District is so far ahead of the rest of this community in terms of infrastructure, but still they need
assistance. And, so the only thing that I want to be very clear, not in the context of Dr. Pierre but in the
broader policy question. Please stop saying we are going to have a new round of competition for
unexpended funds. Please look at year twenty-three back to year one funds that are identified as funds
that we can begin to catch this City up. The county is out there with a one hundred million dollar
($100,000,000) bond issue, OK, to try to do it. We have the opportunity, rather than going out trying to
tax people to just use our Community Block Grand Development funds in a more intelligent manner.
128 January 26, 1999
And, so the only4hing that I am asking, please, is as you look for a solution for this organization which
hires... How many people do you all have working under that roof.
Dr. Laurinus Pierre: Around thirty.
Commissioner Teele: They have thirty people working under that one roof, and that's a lot of people in
Little Haiti or anywhere else. I don't know of any organization, well, I guess Jessie Trice's organization.
but that's outside of the City. There are very few community service organizations that have developed
the maturity and the skills and the expertise, and that's a complement to you and your board of directors.
And, we need to support you, and as far as I am concerned, job creation is where we have to go. So. I
would only respectfully ask Dena, really, that you pass on to the Manager that we really do, I mean, we
ought to be sitting down with the Public Works Director and the Parks Director and really looking at what
we have got to deal with. We have got seventy million dollars ($70,000,000) of roads... The last list I saw
two years ago, a year and a half ago was seventy million dollars ($70,000,000) of backlog in roads. Is that
right, Mr. Public Works Director? Seventy million dollars ($70,000,000) of backlog of roads and
sidewalks, alone. And, so that little twenty or thirty million dollars ($30,000,000), there is no need to start
a .feeding frenzy out there within the community or based organizations. Let's just keep them on the
allocations that we are talking about. The annual allocations of twelve to fifteen million dollars
($15,000,000) it comes down, plus everything else, and let's look at trying to deal with some of these
policy issues in terms of the unused funds, please.
Ms. Bianchino: I will be pleased to relay...
Chairman Plummer: All right, Dr. Pierre you will make yourself available to show them where all of the
leaks are.
Dr. Pierre: Yes, I will.
Chairman Plummer: And, we will hopefully have answers back her with you on February the 9'h as a
scheduled agenda item. —
Dr. Pierre: Thank you.
Chairman Plummer: Thank you for being here.
52. BRIEF COMMENTS REGARDING MORATORIUM BUILDING CONSTRUCTION IN CITY OF
MIAMI BEACH.
Chairman Plummer: And, 1 wanted to tell Art Teele the one thing we ought to do is send a real big thank
you note over to the City of Miami Beach, because when they declared a moratorium on building, it's one
of the best things that ever happened to the City of Miami.
Commissioner Teele: It really is.
Chairman Plummer: It is.
129 January 26, 1999
53. DIRECT CITY MANAGER TO ADVISE RESIDENTS OF NEW RULES CONCERNING
BAGGING AND PLACEMENT OF TRASH - FURTHER REQUESTING MANAGER TO ALLOW
SOME TIME FOR RESIDENTS TO ADAPT TO RULES PRIOR TO ISSUING CITATIONS -
FURTHER REQUESTING MANAGER TO ADVERTISE THROUGH CABLE NET 9 WAYS IN
WHICH RESIDENTS CAN PAY PROPERTY TAXES IN INSTALLMENTS.
Chairman Plummer: Mister... Hello, Mr. Martinez. Mr. Patterson, can 1 ask you a question, sir.
Mr. Clarence Patterson (Director/Solid Waste): Yes, sir.
Chairman Plummer: I don't know about my colleagues but I am getting a lot of questions in reference to
bagging of trash. -People say we are charging them more money -and now we are making them do more
work. Why are we requiring that?
Commissioner Sanchez: That's a good question.
Chairman Plummer: Huh?
Commissioner Sanchez: That's a good question.
Chairman Plummer: I hear you. You know, I am very...
Mr. Patterson: What we did Commissioner is, the new initiative in order to try to keep from digging
holes, and I think I put this in the report that the Manager sent to each of the Commissioners. We have
asked that the small trash such as tree leaves and grass cuttings, rather than throwing it on the ground, and
having to pick it up with the big clam shell which digs the holes, if that is bagged, bottled or canned, we
will pick it up right along with the garbage...
Chairman Plummer: OK.
Mr. Patterson: ... and they don't have to be...
Chairman Plummer: But is that an option or mandatory?
Mr. Patterson: The bagging of the trash, I mean tree leaves and grass cuttings, we would like to make that
mandatory so that it is not thrown on the ground and would be picked up by this clam shell.
Chairman Plummer: I would like to see it as an option. Let me tell you something. You know, I have
complained around here for years how the City of Coral Gables is so much smarter than we are. They go
out, they pick-up trash and they don't dig hot tubs.
Mr. Patterson: But, they don't allow them to put loose leaves and grass cuttings on the ground.
Chairman Plummer: Yes, they do. They always have.
Chairman Plummer: Look, I am just saying that I think the people are making a good complaint. Mr.
Manager, you are charging them more money and now you are making them do more work. I think it
should be an option. It's a good option, and 1 understand why you are doing it. But, to make it mandatory
130 January 26, 1999
where a person could get a seventy-five dollar ($75) ticket, or whatever those tickets cost. 1 think is...
needs to be thought about.
Commissioner Regalado: Mr. Chairman, if I may? I did send a memo to the Manager regarding the... an
article that I saw in the paper and..: about...
Chairman Plummer: We got to stop you from reading the newspaper.
Commissioner Regalado: Yeah, well, I do that. I trust journalists.
Chairman Plummer: We are going to limit you to the Jewish Floridian.
Commissioner Regalado: Well, anyway, the reason I sent the memo to the Manager is that I thought that
the people of Miami does not have information regarding this fine program, the people being ticketed
because of putting the trash, not the day before. I think that we should warn the people, and we .should
have a period of two or three weeks and then start fining people. Because, 1 mean, you know, now it's out
of control. I mean, the trash, it's picked up on the Thursday, Thursday afternoon, Friday people would
bring their trash and they clean the yard and put everything there. So, that has to stop. But, to go out next
Monday and to start issuing fines, I think is too harsh because the City does not have the ability to
publicize that. I for one, I... You know, I was told that, or I read in the article that all of the residents got
some pamphlet or information. Probably, I misplaced mine, or the wind blew it away or something, in the
fence or whatever. But, I think that we should give the people two or three weeks to get used to this new
program and the people would appreciate it.
Mr. Donald H. Warshaw (City Manager): Commissioner, I believe that up until now we are only issuing
warnings, there have not been tickets issued. Is that correct?
Mr. Patterson: That is correct.
Chairman Plummer: Yeah, but you see, Don you have got a problem, OK. And, I think maybe now we are —
going to see something different because I have been told that you hired additional sanitation workers. Is
that correct?
Mr. Warshaw: I don't know how many people we hired, we are hiring.
Chairman Plummer: I think you are in the process of hiring thirty-six.
Mr. Patterson: You are talking about the thirty-six workers that you asked about?
Chairman Plummer: Yes.
Mr. Warshaw: Oh, OK, the thirty-six.
Mr. Patterson: Yes, sir.
Chairman Plummer: But here is the problem in my neighborhood. I'll just use my neighborhood.
Supposedly, the trash is picked up- on Friday, but you know what? Sometimes Friday, sometimes
Saturday, sometimes Monday, sometimes Tuesday, and the people lose with the credibility.
Commissioner Regalado: I... Excuse me.
131 January 26, 1999
Chairman Plummer: Now, you can talk about, you can talk about the machinery is broken down, you can
talk about you don't have the help, maybe now that you have the additional personnel that might not be a
problem. But, you know, the problem that I have, and I am talking now personally, OK. That means. 1 got
to cut all my yard and do all my cutting on Thursday to put it out Thursday night, and 1 can't work at my
house on the weekend. I can't do any cutting on Saturday or Sunday like I used to do because if I put it
out, I am in trouble. And, you know, I am just saying to you, you want to keep yards clean and you want
to keep houses neat, you know, I guess I will have to miss a Commission meeting.
Mr. Warshaw: And, Commissioner I know that this is a somewhat delicate issue because earlier on we
had a problems in that we weren't picking things up. Now, we are picking things up and the issue really
is, if you cut your lawn and put out your cutting you are supposed to have whoever cuts your lawn or
you...
Vice Chairman Gort: I cut my own.
Mr. Warshaw: I know, that's why I said or you, either take them away or leave them in the garage or
leave them off to the side until that next day..
Vice Chairman Gort: That's what I do.
Mr. Warshaw: It's a tough situation, I understand that.
Vice Chairman Gort: I bag it.
Mr. Warshaw: We are trying to achieve some balance.
Commissioner Regalado: I have in today's 'mail, 1 have a letter here that a resident is complaining about a
situation that he had. He filed this and then he got a ticket, and the letter explains this very bizarre
situation, because it is bizarre.
Chairman Plummer: ' OK.
Commissioner Regalado: I'll give it to the...
Commissioner Teele: Commissioner Plummer.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Let me just remind the citizens or remind the staff that we have raised taxes to ten
mils.
Commissioner Sanchez:. The highest.
Commissioner Teele: The highest in the state. And, by the way, I didn't get into that, but that's one of the
main things that Moody talked about. We...
Chairman Plummer: No, sir, you are incorrect, it is not the highest in the state.
Commissioner Teele: It is. There is nobody with ten mils.
132 January 26, 1999
Chairman Plummer: Mr. Teele, you are incorrect. The City of Golden Beach has twenty-six mils. By
referendum they voted it upon themselves.
Commissioner Teele: Not operating capital.
Chairman Plummer: It's twenty-six mils. I don't know if its operating capital or what it is.
Commissioner Teele: Well, ten mils is the highest of any major City...
Chairman Plummer: All seventy-six residents voted for it.
Commissioner Teele: ... of any major City in the State of Florida.
Vice Chairman Gott: No, that's true.
Commissioner Teele: The only point that I am making J.L., is to try to agree with you that the staff really
should look hard at how we can ameliorate some of these things and try to make sense out of it. I mean,
we are really... we are hitting the public with solid waste fees, with fire fees, with higher taxes and I
realize this is being done in the name of efficiency, and you know, the system is beginning to work now
which is a compliment, I think to the Manager and his staff, but let me tell you. We need to really try to
figure out how to make it easier for the taxpayer and easier for the person who is out there. And, I fully
agree with what Commissioner Plummer is saying.
Chairman Plummer: Mr. Gott.
Vice Chairman Gott: Mr. Chairman, one of the things that I would like to do is, going back to this.
Remember, they were trying to put this on the tax roll, the charges for the sanitation. 1 have talked to a
couple of people and they kind of liked the idea. Also, somehow I think we should announce on Channel 9
those individuals that would prefer to pay their taxes instead of a one time shot, they can go to "the County
and they can request installment payments for their taxes. A lot of people, you would be amazed. how
many people are not aware that they can do that. Those that have mortgages they don't have any problem
because they are put in the escrow accounts. So, I think people would love to see that rather than pay one
payment. Those that already have paid their houses off, I have talked to a lot of them and they would like
to have that installment...
Chairman Plummer: Yeah, put it on...
Vice Chairman Gott:... but they are not aware how to go about it. So, it's very important that we inform
the people how they can select that. And, I think they would love to see that, to pay that monthly
installment...
Chairman Plummer: I agree, especially the old people.
Vice Chairman Gott:... especially if they are senior citizens.
Mr. Warshaw: We will make sure to get that information.
Chairman Plummer: Mr. Manager, my final gripe for the day
133 January 26, 1999
54. CONTINUE DISCUSSION IN CONNECTION WITH ARCHEOLOGICAL _FINDINGS AT 401
BRICKELL (A.K.A. MIAMI CIRCLE) - REQUEST CITY MANAGER TO- INVITE FLORIDA
SECRETARY OF STATE TO ADDRESS MIAMI CIRCLE ISSUE AT CITY COMMISSION MEETING
OF FEBRUARY 9, 1999 - FURTHER DISCUSSING WHETHER TO CALL SPECIAL COMMISSION
MEETING PRIOR TO FEBRUARY 9, 1999 - SEE LABEL 35.
Vice Chairman Gort:
I have got one more.
Chairman Plummer:
I didn't give you the floor.
Vice Chairman Gort:
I have it.
Chairman Plummer:
All right, go ahead then.
Vice Chairman Gort:
You haven't taken it away, yet.
Commissioner Sanchez: Mr. Chairman, can I reserve an appointment to speak here?
Chairman Plummer:
After...
Commissioner Sanchez: When you are done.
Chairman Plummer:
Mr. Gort is next.
Commissioner Sanchez: Yes, sir.
Vice Chairman Gort: I had an appointment. I requested three months, finally, he said, yes.
Chairman Plummer: Well, his is in six months,'so don't worry about it.
Vice Chairman Gort: We have a little problem where 1 have got to ask the City Attorney to give his
opinion. There is a... Vicky Leiva brought a good point to us which is, there is the development right
next to the river, right next to the Sheraton where I understand they have found some circles...
Chairman Plummer: We talked about that earlier.
Vice Chairman Gort: We talked about it earlier, but my understanding is, the people are thinking and the
press, the perception that they are getting out there that we are going to stop the project.
Chairman Plummer: No, we are going to give people the right to vent.
Vice Chairman Gort: OK, but 1 think it's very important that we inform and let the individuals know
what's going to take place, especially the press. You know how good they are with us.
Chairman Plummer: Well, you were here this morning...
Commissioner Teele: Well, I thought the Manager was going to bring us options. That was the
discussion, and...
134 January 26, 1999
Chairman Plummer: That was what I asked for this morning.
Vice Chairman Gort: I am sorry, I didn't hear that part.
Chairman Plummer: OK, you weren't here. I have two things, Mr. City Manager.
Commissioner Teele: I am willing to stop it, Willy.
Chairman Plummer: Hey, hey, hey. Please.
Mr. Alejandro Vilarello (City Attorney): Commissioner, just to... Before, before the record goes away
from that issue.
Chairman Plummer: Go ahead. On this item? -
Mr. Vilarello: On the circle item, what ever the development is caused... called. We currently have
Development Orders in place on that project, and we don't have an archeologist on site, and we don't
have... the County archeologist is prepared to issue a report. There is not anything that we can do legally
to stop that development.
Mr. Donald H. Warshaw (City Manager): And, I just want to add to that as well that they are in the
permitting process now.
Chairman Plummer: OK, look, a bunch of school kids asked to be heard, all right
Mr. Warshaw: I understand.
Commissioner Teele: Well, wait, wait, yeah. But, let's don't... Are you saying that there is nothing,
Commish... Mr. Attorney?
Mr. Vilarello: No. "
Commissioner Teele: Are you saying that we don't have the right to revisit our Development Order?
Mr. Vilarello: Well, no, Commissioner, you do have the right to take that property by eminent domain.
Commissioner Teele: Say again.
Mr. Vilarello: You do have the right to take that property by eminent domain. "
Commissioner Teele: Do we have the right to review the Development Order?
Mr. Vilarello: I think the Development Order is in place and issued. It's...
Commissioner Teele: And, we cannot... And, once... And, what you are saying is, notwithstanding the
fact that we have made a finding that was not known at the time that the Development Order was issued,
that we cannot review that new information.
Commissioner Teele: At this time, I am not aware of any findings with regard to that site that would
allow us to revoke a Development Order on that site.
135 January 26, 1999
Chairman Plummer: I think... I think we are going to the drastic end. I think maybe, from what 1...
Commissioner Teele: Well, I think we need to make sure that we don't... we don't query the range of
options. And, when the Attorney says...
Chairman Plummer: OK.
Commissioner Teele:... there is nothing you can do. I mean, my next call is to the Secretary of State to see
if there's anything the Secretary of State can do.
Chairman Plummer: All right, I think we are going far to the left and to the right of where I was trying to
come to the center. And, what I was hopefully going to do, was to come out with some kind of a
compromise because one of the things that I.read was that they maybe wanted to move the circle. What?
Excuse me? I don't know what all the options are and that's why I asked it.
Commissioner Teele: For two hundred and fifty thousand dollars ($250,000) it could, but that would be
the worst... I mean, that would be...
Chairman Plummer: OK.
Commissioner Teele: J.L., that is an option, that is something... I think... I don't know why we are back
to that...
Chairman Plummer: Gort brought it up.
Chairman Plummer: but the only thing 1 don't want is for the options to be skewed that there are no
options, because there are options if we have to take it up with the Secretary of State because the last time
I read the constitution of this state the Secretary of State is the historical officer of the State of Florida,
and this has major, metropolitan and statewide significance if anything does.
Vice Chairman Gort: OK, let me be...
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Not being the brightest person of up here, let me ask you a question. If this is
stopped, and they think it's historical and all that, the developer who paid for that land gets his money
back?
Commissioner Teele: Gets his money back.
Mr. Vilarello: From who?
Vice Chairman Gort: Who does he get it back?
Commissioner Teele: From the State.
Vice Chairman Gort: Excuse me?
Chairman Plummer: Maybe from his:..
136 January 26, 1999
Vice Chairman Gort: I mean, the City pays for it...
Chairman Plummer: From the state? No, no.
Commissioner Teele: The Secretary of State.
Vice Chairman Gort: ... the County, the state, who is going to pay for that land? I mean...
Commissioner Teele: The Secretary of State.
Mr. Vilarello: If Commissioner Teele is correct with regard to the Secretary of State, and the Secretary of
State wishes to come in, that the Secretary... that's the State of Florida taking the action with regard to the
property. My suggestion to you is, that at this point, we don't have any...
Chairman Plummer: Excuse me, the Secretary of State is not him. It's her.
Mr. Vilarello: I stand corrected. The, if the State... City of Miami takes action on the developmental
order based on an archeological finding over which we, which was not a condition of our development
order, the taking maybe by the City of Miami.
Chairman Plummer: Then, I would strongly suggest that when you bring this back that you invite the
Secretary of State, if she would like to come down and be a party to the public hearing. Mr. City
Manager, I have two things to bring up.
Commissioner Sanchez: Are we done with the grass trashers?
Chairman Plummer: I am... Did you have something you want to bring up?
Mr. Warshaw: Excuse me. Mr. Chairman, I don't want to mislead the Commission, 1 want to put this -on
the record.
Chairman Plummer: All right, sir.
Mr. Warshaw: The developer of the property is less than a week away from getting a building permit
which means that if that process takes place and there is no legal move to prevent it from happening
conceivably before the next Commission meeting...
Chairman Plummer: He'll bulldoze it.
Mr. Warshaw: ... that developer could do something on that property. And, 1 want you to be aware that
this process, you know, is just about at the very end.
Chairman Plummer: So...
Commissioner Teele: Well, it... Mr. Chairman, now look.
Chairman Plummer: Mr. Teele.
137 January 26, 1999
Commissioner Teele: Mr. Chairman, let's have common sense here for one minute. Mr. Manager.
seriously, we all know that something significant has happened. Children in the fifth and sixth grade
know that something significant has happened. So, if somebody is going to issue a development order or a
permit, and say we don't know that anything has happened, they either are in another planet or they really
don't give a damn. Now, whether or not that something has happened rises to the occasion of something
that could retard or deny the development order is something I think this Commission ought to at least be
afforded the opportunity to weigh before that order is issued, especially if we are talking about five days.
I mean, if we are a week away... We are two weeks away from a Commission meeting. And. so I as one
Commissioner would say, I would certainly hope that no order would be issued, you know, between now
and the next Commission meeting when the matter can be properly weighed.
Commissioner Regalado: Absolutely.
Ms. Dena Bianchino (Assistant City Manger): The issue is whether we would issue a building permit.
Commissioner Regalado: You don't. You don't.
Mr. Warshaw: The developer has already paid...
Commissioner Teele: I would hope that you would not issue anything...
Commissioner Regalado: You don't.
Commissioner Teele:... .that has not already been issued in light of the fact that we know something
significant has happened. Now, whether it rises to the occasion that the City Attorney is opining that it is
not significant and we don't have a historian, or we don't have an archeologist, or the County's
archeologist is out counting dinosaur do -do, I mean, that's a whole other issue. The fact of the matter is,
is that somewhere in this State of Florida, which we are a part of, are the expertise and resources to bring
to bear in support of this government. And, l think we owe it, not just to ourselves but to...
Vice Chairman Gort: Yes.
Commissioner Teele: I think we really do owe it...
Chairman Plummer: All right. Mr. Teele, are you? Are you.
Commissioner Teele: ... to the public to at least be knowledgeable about what we are doing before we do
it.
Chairman Plummer: All right. Mr. City Attorney.
Mr. Vilarello: The development order that has been issued does not have as a condition of the
development order any architectural... I mean, review of this site for...
Ms. Bianchino: Archeological.
Ms. Vilarello: ... archeological... Well at this point, the County archeologist is conducting its study. The
study is about to be issued. Depending on what's determined in that study there may be other agencies
which will take action. If those agencies take action they may block the issuance of the building permit.
What 1 am suggesting to you is, the City of Miami does not have a basis to block the issuance of the
138 January 26, 1999
building permit nor does this Commission have the ability to do that because the archeological findings
was not a condition of the special use permit and could not have been a condition of the special use
permit.
Commissioner Teele: But now that we know, can it be amended to (inaudible) that's the only question.
Now that we know, can the special use condition be amended?
Mr. Vilarello: At this time, Commissioner, no.
Chairman Plummer: What about a moratorium?
Commissioner Regalado: So, so... Excuse me. Suppose, suppose that tomorrow in another side of the
City of Miami they find an incredible amount of riches that belonged to the Spaniards five centuries ago.
You mean, that we cannot establish because a public interest a moratorium, a month, a delay process. I
mean, does the City not have any control at all to the departments. I mean, are we obligated to give that
permit tomorrow?
Mr. Vilarello: There are other jurisdictions. There are other jurisdictions which...
Commissioner Regalado: No, no. But, I mean, Mr. City Attorney, I am talking about the City, it's an
entity. I mean, we have a City Attorney, a Manager, a Police Department, a Fire Department. We are an
entity and this is an event that just happened. And, I mean, it's like if we found ten bodies that were
people that were killed, I mean, you... 1 mean, a long time ago, not now. The police, that would be a
police scene, and a permit cannot be issued today because the police has to investigate whether or not
these people were killed fifty years ago, or twenty years ago. This is an event, and Commissioner Teele
said something that is very important. This is an issue that may take national and international attention,
and you know what, the City of Miami and especially the City Commission, because the City
Commission get blamed...
Chairman Plummer: For everything. -
Commissioner Regalado: ... for everything that is done wrong.
Chairman Plummer: Everything.
Commissioner Regalado: And, and...
Chairman Plummer: We never get blamed for doing something that's right.
Commissioner Regalado: ... you are going to see an editorial in the Miami Herald saying the City
Commissioners again did it. You know, they went over, and being greedy they decided to go ahead with
the project and they did not respect the historic part of Florida that we were trying to save. So, what I am
saying is, can we right now Mr. City Attorney say, well, we want to bring a motion that would establish a
moratorium to wait for a party that would give us a report, and we will not issue a permit while this report
is not being made public.
Mr. Vilarello: Commissioner, if you do that, that requires a hearing and notice, and it could be a
temporary -taking which is a compensation that we must provide to the private property owner. If this .
archeological study report comes back and indicates something of some grand significance that it is
relevant, we will certainly address anything and everything that we can do and bring that to the
139 January 26, 1999
Commission's attention immediately. But, other than that, I don't know of anything that this City has
jurisdiction over to...
Chairman Plummer: OK, let me tell you what I suggest, all right.
Commissioner Regalado: No, I am just... I am trying to learn here. Because just so, tomorrow...
Chairman Plummer: I hear what you are saying. Mr. O'Brien, do not leave. Chief O'Brien, do not leave.
Go ahead.
Commissioner Regalado: So tomorrow, tomorrow you will issue a permit, and the developer will go
ahead and stop building on this discovery on this site. So, what do we do?
Ms. Bianchino: No, we have got to wait on the archeological...
Chairman Plummer: All right. Mr. City Attorney.
Ms. Bianchino: We have to...
Commissioner Regalado: So, what do we do?
Chairman Plummer: All right, I'll tell you what we are going to do, all right. I am going to bring this
thing to a head. Mr. City Attorney, you, the City Administrator and Dena, if in fact a finding is made
rightfully or wrongfully, I am prepared to -call a special commission meeting to address this within a 24-
hour period after the call.
Ms. Bianchino: Sir, what if the finding is that the City can proceed?
Chairman Plummer: Then you will give us a call, and we will then decide to have a meeting or not have a
meeting, all right.
Ms. Bianchino: OK.
Chairman Plummer: All right.
55. DISCUSS NEED TO CHANGE FLORIDA LAW IN CONNECTION WITH FORFEITURE OF
VEHICLES OF DRUNK DRIVERS.
Chairman Plummer: Chief O'Brien, sir. I sent you and -Mr. Warshaw, the old combo. Did you get my
article from New York? See, I read the papers, and I don't know who sent it to me about drunk drivers.
Police Chief O'Brien: OK. I haven't received that yet. The Manager has it.
Chairman Plummer: How could you not? We faxed it.
Commissioner Regalado: I did send it to you, J.L. I was the one that sent it to you.
Chairman Plummer: OK.
140 January 26, 1999
Commissioner Teele: Yeah, I e-mailed it to you.
Chairman Plummer: To who?
Commissioner Teele: To you.
Chairman Plummer: All right, Chief...
Mr. Donald H. Warshaw (City Manager): The confiscation of cars.
Chairman Plummer: ... I don't know... I don't know what we can do or we can't do, but let me tell you
something. New York can't be that smarter than we are, all right.
Police Chief O'Brien:: Uh-huh.
Chairman Plummer: All right. Now, very simply if somebody, I hope the City Attorney is listening to me
instead of my staff. If the City of New York can make an ordinance that a person is arrested for driving
drunk that they confiscate their car and...
Commissioner Teele: That's not what that ordinance says.
Chairman Plummer: What does it say?
Commissioner Teele: It says, if you are arrested they take possession of the car...
Chairman Plummer: Right.
Commissioner Teele: ... and they do nothing until there has been adjudication. But, if you are
adjudicated guilty, they cease the car...
Chairman Plummer: That's exactly...
Commissioner Teele:... as a weapon. Using the weapon, the seizure of a weapon theory.
Chairman Plummer: The more important factor is, that if they were six months before they get a trial,
because you one of the things we read in the Herald around here, continuance, continuance, continuances,
continuances. They... that car is in the police possession until such time as an adjudication of,innocence
or guilt.
Commissioner Teele: That's true.
Chairman Plummer: And, it is said in that article in New York that that can be from six months to two
years. If they are found guilty, the Police Department takes the car and in fact, sells it as their car. I don't
know that it's legal here, but let me tell you something, you want to get tough on drunk drivers, I
guarantee you that will have an impact. I have asked the City Manager... 1 thought we faxed it over to
you.
Commissioner Teele: He should have it.
Mr. Warshaw: Yes, I got it.
141 January 26, 1999
Mr. Vilarello: I did, and I responded in memorandum to you that the City... the forfeiture laws, seizure
procedure and forfeiture of a vehicle is preempted by State Statute...
Chairman Plummer: Done.
Mr. Vilarello: ... and we may not do what they do in New York as far as the seizure is concerned.
Chairman Plummer: You know, Mr. City Attorney, you always tell me what I can't do. Tell me what we
need to do in State Statutes to try to change.
Commissioner Teele: Change the state laws.
Mr. Vilarello: You can change the state law to allow for forfeitures...
Chairman Plummer: Then, get your butt working and do something with our lobbyists to try to why we
can't be as good as New York City. That's all 1 am saying.
56. DRUG SALE - SAME PERSON ARRESTED TWICE, SAME DAY, SAME PLACE. -71
Chairman Plummer: I have one other complaint with you, mister... Not a complaint. This morning a car
was stopped in Coconut Grove, the fourth time this person has been arrested in two weeks. Drugs, OK.
Four times.
Commissioner Teele: Drunk?
Commissioner Regalado: Drugs.
Chairman Plummer: Drugs, drugs. I have a complaint from downtown one policeman on a task force
arrested the guy at 10:30 in the morning. He was taken to -court or taken to jail, guess what? Three
o'clock in the afternoon, he was arrested at the same location for selling drugs again.
Commissioner Teele: I don't believe that, J.L.
Chairman Plummer:. Then somebody in the Police Department lied to me, all right
Commissioner Teele: I don't believe anybody could be that...
Chairman Plummer: Sir, sir, I am not going to. put the name on the record, but Chief, I'll give you the
name of who told me, and you find out if it's true. But, that's not the thing I want. I think what we need
to do is to ask the Police -Department, take one case a week and follow it through and report back to this
Commission as to what is happening with these cases. Are they in fact being deferred seven, eight, nine,
and ten times? Are the people who we are arresting for selling drugs going right back out onto the street?
I think this Commission needs to talk as we have done in the past with the Chief Judge of the court, of the
Criminal, Court, the City Manager, and I am not saying a Commissioner. But, I think that we find that
t
these people are back out on the street before the policemen are. _
Vice Chairman Gort: Will you yield?
142 - January 26, 1999
Chairman Plummer: And, I think we need to follow-up.
Vice Chairman Gort: You see, the biggest problem is, we all, including yourself are at the front line.
Every time there is a community meeting, we get blamed for everything, within the legislature, judicial
system, it is not there. Somehow, we need to get those people involved also, because our people are doing
the work, they are arresting the people and they go right back out again. So, we have to shoe that.
Police Chief O'Brien: Uh-huh. I agree.
Vice Chairman Gort: And, I think it's very important that we do that.
Police Chief O'Brien: In my...
57. DIRECT CITY MANAGER TO REVIEW TRANSFER OF' MUNICIPAL SERVICES
AGREEMENT WITH MIAMI-DADS COUNTY - FURTHER DIRECTING CITY ATTORNEY TO
REVIEW COST OF WATER CONSUMPTION THROUGHOUT MIAMI-DADE COUNTY TO
DETERMINE IF WATER AND SEWER IS OVERCHARGING MIAMI RESIDENTS AS WELL AS
ALLOCATIONS OF SUCH PAYMENTS.
Chairman Plummer: My following thing, my final, Mr. final, mister...
Vice Chairman Gort: You had enough already.
Chairman Plummer: Shut up. My final thing, Mr. Manager, not with you, Chief. You can go. Sanchez
is confiscated, you go ahead and go with him. Mr. Manager, 1 would ask you please, and here I am going
to get personal again. I am being told that water bills in the City of Miami are higher than anywhere else
in the City... in Dade County. I think we need to do a comparison. I live alone, I don't eat at home, I wash
my clothes once a week, I take a bath every day. My water bill was two hundred and sixty dollars.
($260.00) and they tested it for leaks and there were none. Eighty-nine dollars ($89) was sewage, twenty
dollars ($20) was for some storm sewer scenario quarterly. My... but my water... You know how much
my water bill was on that bill? Thirty-nine dollars ($39). That was my water bill. When you add the taxes,
and you add the storm sewage fee, and you add the sewage charge, and you add this, this and this. If in
fact, everybody else in Dade County is paying it, then I shut up. But, I am being told that there are other
sections of this community that are not paying the same fees, that are not paying the same taxes as we are,
and by God, I want to know if they are getting off cheaper that we are getting the same thing.
Commissioner Regalado: I think, I requested about five or six months ago from the City Attorney's
Office an opinion regarding the contract of the City when we gave the Water and Sewer Department to the
County. 1, I was told by a County employee that on that contract it's either one million dollars
($1,000,000) that the City never received or a fifteen percent reduction on the rates for City residents on
the water bill. But, you know, we have to look into that contract and see what really happened.
Commissioner Teele: Well, J.L.
Chairman Plummer: All right, Mr. Teele.
Commissioner Teele: Look, when the administrative fee of water and sewer goes from three percent to
six percent, to eight percent and now I think it's eleven percent. Which means, Dade County, for its
overhead purposes, is getting about forty-eight million dollars ($48,000,000) a year for overhead.
143 January 26, 1999
Vice Chairman Gort: But...
Chairman Plummer: But why should we, the citizens of the City of Miami be penalized.
Commissioner Teele: Because you are the guy paying the overhead.
Chairman Plummer: Isn't that nice.
Commissioner Teele: And, the fact of the matter is, what's really bad, is that the City of Miami doesn't
even charge use a use fee for the pipes going through the City. I mean, if the overhead is reallv to
recapture some of those costs. They don't even have those costs. So, the fact of the matter is, is that Dade
County is now... Let me just give you a comparison. The FAA (Federal Aviation Administration) limits
the amount of money that the County can charge as overhead. It's three percent, four percent, I believe.
Three or four percent. In other words, their Federal auditors have come in and said, when we look at your
Finance Department, we look at your Law Department, we look at your Clerk, we look at all of these
things of overhead, the people who write the checks. And, we are telling you your overhead rate cannot
exceed three point five percent. But, because there is nobody looking out for your pocket book and the
citizens' pocket book, Dade County is charging an overhead rate...
Chairman Plummer: Well...
Commissioner Teele:... of ten percent which is about forty-eight million dollars ($48,000,000) a year of
just fresh money.
Chairman Plummer: Mr. Teele, I would ask the City Manager to ask the County exactly where our money
is going, the bills that we pay and to let us know why we are probably having to subsidize the rest of this
community.
Commissioner Teele: You are.
Chairman Plummer: Well, then let's stop it.
Commissioner Teele: Yeah, but we gave...
58. DIRECT CITY MANAGER TO PROVIDE LOCATIONS FOR CITY'S RELIEF EFFORT TO
ASSIST VICTIMS OF RECENT EARTHQUAKE IN COLUMBIA.
Chairman Plummer: All right, Mr. Regalado, and I am sure you are more familiar with this than 1 am.
Mr. City Manager, I think it behooves this City Commission, there was an unbelievable, terrifying
earthquake yesterday in Columbia. This City has two sister cities which are not that active, Bogota and
Cali. I think that if it is humanly possible, what we have done in the past is made available a couple of
either the fire stations or somewhere of three or four places in this community where people can bring
clothing and whatever else is needed for the cities in Columbia. 1 heard over one thousand people are
dead and they are still counting. So, I am asking the Administration that if there are any places that we
can offer as help to let people gather and bring things in for those poor people of Columbia that we surely
need to do it. We need to publicize it, we need to get it out on Cable 9 as quickly as possible of where we
can use it as a gathering point.
144 January 26, 1999
Commissioner Regalado: Well, this morning a group of firemen from Miami -Dade County left for
Columbia to help in the earthquake. The City of Miami is a Class Y, Class I Fire Department. I am sure
that we had somebody, I mean, anyway this is paid by the State Department. It's not any expense by the
City, and it's a gesture of solidarity with the people of Columbia, and I think that the City should be in
contact with the State Department to send a team because that's immediate response that they need. What
they have now, they have twenty-five tall buildings in Armenia that are down and there are hundreds of
people inside those buildings...
Chairman Plummer: There are seventeen...
Commissioner Regalado: ... that's beside the one thousand people that were killed.
Chairman Plummer: There are seventeen cities that are affected. Armenia was the hardest hit. I...
Commissioner Regalado: Yes, seventeen municipalities are affected.
Chairman Plummer: I have been in two earthquakes in Cali, Columbia and it is one hell of a feeling. Mr.
Manager, I am just saying whether it's the Orange Bowl or where it might be, if we could provide three
locations or four locations, coordinating with the Colombian Consulate, to say that we will allow people
to bring goods, to bring whatever is there for the relief, I think it behooves us to do such.
Mr. Donald H. Warshaw (City Manager): And, we will.
Chairman Plummer: Is there any other matter to come before this august body in January? Mr. Gort?
Vice Chairman Gort: No.
Chairman Plummer: Mr. Regalado. Motion to adjourn us always in order. We will see you on February
91h
Commissioner Regalado: Excuse me. February the 91h or if you have call an emergency meeting?
Chairman Plummer: Well, if I have to call a special Commission meeting, we will.
Commissioner Regalado: OK.
Chairman Plummer: Se la ve.
145 January 26, 1999
i,
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION.
THE MEETING WAS ADJOURNED -AT 5:31 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
Joe Carollo
MA YOR
146 . - January 26,-1999