HomeMy WebLinkAboutCC 1999-02-09 Minutesw
CITY OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON FEBRUARY 9,1999 (Regular Commission Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. FoemanlCfty Clerk
INDEX
.
MINUTES OF REGULAR COMMISSION MEETING
February 9,1999
ITEM NO. SUBJECTy,, •; y� ,,', . LEGISLATION
t PRESENTATIONS AND PROCLAMATIONS ;= 2/9/99
(A) THE YEAR OF THE; RABBIT ORGAI�IZA'TION OF DISCUSSION
CHINESE AMERICANS' y : r} t•3
(B) BURN AWARENESS WEEK: IRWIN KIRBY OF THE
MAHI SHRINE.
(C) COMMENDATION:':' :EDMUNDO,-,GUEVARA FOR
VALUABLE COMMUNITY SERVICE.:~. -
2• DISCUSSION IN +CONNECTION WITH ENTITIES AND 2/9/99
CONSTRUCTION COMPANIES WHICH CONDUCT DISCUSSION
SIDEWALK OR ROAD REPAIRS THAT BRAKE. UP 2-5
STREETS TO REPAVE SAME UP TO CITY CODE'
STANDARDS OR TO COMPENSATE CITY FOR SAE
FURTHER ' INSTRUCTING CITYMANAGETt -- TO
RESEARCH WHETHER CITY CAN CHARGE MIAMI-
DADE WATER AND SEWER A USER FEE FOR USING
CITY RIGHT-OF-WAYS.
3. (A) PRESENTATION BY SCHOOL CHILDREN 2/9/99
CONCERNED ABOUT A CIRCLE OF ARCHEOLOGICAL R 99-90
SIGNIFICANCE FOUND IN BRICKELL PAINT M 99-91
DEVELOPMENT SITE. 6-13
(13) URGE FLORIDA LEGISLATURE TO ALLOW
ARCHEOLOGISTS SUFFICIENT TIME. TO EVALUATE,
ANALYZE, ETC. TO MAINTAIN ARCHEOLOGICAL
FINDINGS.
(C) REQUEST DEVELOPER OF BRICKELL POINT
DEVELOPMENT SITE (401 BRICKELL AVENUE) TO TRY
TO DELAY CONSTRUCTION ON THE CIRCLE;
MANAGER TO MEET WITH REPRESENTATIVES OF US
DEPARTMENT OF INTERIOR, FLORIDA DEPARTMENT
OF CULTURAL AFFAIRS, THE SMITHSONIAN
INSTITUTE TO TRY TO PRESERVE CIRCLE.4.
; • : _
6-z
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4.
BRIEF COMMENTS IN CONNECTION WTTHe" PAY
2/9/99
PHONES =- DISCUSSION ITEM. - -
DISCUSSION
13-14
5.
(A) CONTINUE DISCUSSION, ON, HISTORIC
2/9/99
.POSSIBLE
DESIGNATION - - OF . MIAMI ;.-CIRCLE ;r ., :-,,:REQUEST
DISCUSSION
ADMINISTRATION TO OBTAIN. IN WRITING FROM
14-20
STATE OF FLORIDA THEIR FINDINGS' DESIGNATION
IN CONNECTION WITH MIAMI-CIRCLE.7 DIRECT CITY
ATTORNEY_ TO STUDY CHAPTER 23 OF, CODE :
DEMOLITION OF HISTORIC BUILDINGS — SEE LABEL 3.
(B) POSSIBLE SPECIAL MEETING IN CONNECTION
WITH MIAMI CIRCLE TO BE SCHEDULED' LATER IN
MEETING. - r
6.
CONSENT AGENDA - - ; ,;;•
2/9/99
-
DISCUSSION
20-21
6.1
ACCEPT BID OF CDH HOLDING LTD., INC., D/B/A/_ -2/9/99_
AMERICAN MILLS SAFETY SUPPLY — FOR PURCHASE =..
R 99-92
OF TRELLBORG'S ' TRELLCHEM . ' - tHEMICAL -
°21
PROTECTIVE SUITS — FOR DEPARTMENT OF .FIRE=
RESCUE, AT A TOTAL COST NOT TO EXCEED $6,000;—
ALLOCATE FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE
NO.289401.6.850, FUNDED BY THE FIRE ASSESSMENT.
6.2
ACCEPT BID OF KNOWLES ANIMAL CLINIC, (NON-
2/9/99
MINORITY/LOCAL VENDOR, 1000 N.W. 27TH AVENUE,
R 99-93
MIAMI, FLORIDA) FOR THE PROVISION OF
21
VETERINARY SERVICES FOR POLICE K-9 DOGS, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE
YEAR PERIODS, FOR THE DEPARTMENT. OF POLICE,
AT AN ANNUAL AMOUNT NOT TO. EXCEED" $30,'000;
ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING. - BUDGET,
ACCOUNT CODE NO. 00 1000.290201.6.260. , .
6.3 = RELATING' TO ' TEMPORARY- SPECIAL' ' EVENTS,
2/9/99
AUTHORIZING FOR A PERIOD OF TIME - NOT TO
R 99-94
EXCEED FOUR (4) CONSECUTIVE WEEKS, THE
22
OPERATION OF A FLEA MARKET BY C.C.A.L.
CORPORATION AS TEMPORARY SPECIAL EVENTS, AT
1480 NORTHWEST -"NORTH RIVER DRIVE, MIAMI,
FLORIDA 0AAHI -SHRINE PROPERTY); SAID
AUTHORIZATION CONTINGENT UPON ' THE
ORGANIZER - - PROHIBIT_ ING ' ' THE" SALE OR
PREPARATION OF ANY FISH PRODUCT AT EACH
EVENT
6.4 RATIFY'CITY-— - MANAGER'S ACCEPTANCE'. 'OF
'-2/9/99
DONATION FROM CENTER GROVE HOMEOWNERS
R 99-95
ASSOCIATION, IN THE AMOUNT OF $1,750, FOR THE
.22
DEMOLITION OF A RESTROOM F BUILDING IN
--
''BLANCHE PARK BY MIS CONSTRUCTION AND NU
LIFE, INC.
7. TEWORARILY RESTRICTING VEHICULAR ACCESS TO
.2/9/99
NE 55 " ' TERRACE AT. ITS - INTERSECTION WITH
R 99-96
FEDERAL HIGHWAY. IN ' THE CITY' OF . MIAMI,
23-24
FLORIDA, SUBJECT TO THE PROVISIONS CONTAINED'-,
HEREIN. -
8. DISCUSS PROPOSED FIRST READING ORDINANCE: 2/9/99
REGULATING"THE PLACEMENT OF NEWSRACKS IN DISCUSSION
PUBLIC RIGHTS -OF -WAY IN THE CITY OF MIAMI BY 24
REPEALING EXISTING ARTICLE VII OF CHAPTER 54
OF THE CITY CODE OF THE CITY OF NIIAMI, FLORIDA
DIRECT ADMINISTRATION TO CONDUCT
WORKSHOP IN CONNECTION WITH NEWSPAPER
RACK POLICY - FURTHER REQUESTING
ESTABLISHMENT OF COMMITEE - ALSO DIRECTING
CITY MANAGER TO RETURN TO CITY COMMISSION IN
SIXTY DAYS WITH FINDINGS.
9. DEFER AGENDA ITEM 26 (PROPOSED_ SUSPENSION OF 2/9/99
ELADIO ARMESTO-GARCIA FROM CODE R 99-97
ENFORCEMENT BOARD) TO LATER DATE. 25
10.
PERSONAL' -APPEARANCE: BRUCE - R. - DRUM
2/9/99
REPRESENTATIVE OF THE DADE COUNTY AVIATION
M 99-98
DEPARTMENT, / TORY JACOBS / STEPHEN OWENS
26-37
CONCERNING NOISE ABATEMENT PROCEDURES AT
MIAMI INTERNATIONAL AIRPORT - APPROVE IN
PRINCIPLE RECOMMENDATIONS . PROFFERED BY
MIAMI AIRPORT. NOISE ABATEMENT TASK FORCE -
DIRECT CITY MANAGER TO URGE MIAMI-DADE
COUNTY' TO INSTALL NOISE MONITORS ALONG
BRICKELL KEY AREA. t
11.
PERSONAL APPEARANCE: IVEY KEARSON, ,
2/9/99
CONCERNING AMOUNT OF BENEFITS HE WAS TO
MOTION FAILED
HAVE RECEIVED AS A PART OF HIS SETTLEMENT
3743
WITH CITY.OF MIAMI - NO ACTION APPROVED. .
12.
(A). PERSONAL APPEARANCE: MS. HATTIE WILLIS, OF.
2/9/99
NEIGHBORS UNITED, CONCERNING DRUG DEALING,
DISCUSSION
ILLEGAL DUMPING, ABANDONED BUILDINGS, AND
43-52
VIOLENT CRIMES IN HER. NEIGHBORHOOD. -
DIRECTING CITY MANAGER TO ENSURE THAT ALL
NET OFFICES BE TREATED -EQUALLY.-FURTHER
INSTRUCTING MANAGER TO CREATE TASK FORCE
TO CLEAN LITTLE HAM.
(B) DISCUSS PROPOSED PARK - FOR LITTLE HAM.
;
UNDER SAFE NEIGHBORHOOD INITIATIVE.
13
DISCUSS• / DIRECT ADMINISTRATION TO . HAVE
2/9/99
POLICE ENFORCE SECTION 1-4 OF CODE:
DISCUSSION
CONSUMPTION RESTRICTIONS ON PUBLIC STREETS -
52-53
FUTHER INSTRUCT CITY MANAGER TO ADVISE
POLICE RANK AND FILE OF SAME.
14.
AUTHORIZE ACQUISITION OF COMPUTERS, SERVERS
2/9/99
AND RELATED EQUIPMENT, SOFTWARE, TRAINING
R 99-99
AND SERVICES, AND INTERNET SERVICES FROM
54-55
UNISYS CORPORATION, MICROSOFT, HEWLETT-
PACKARD, DELL, COMPAQ, IBM, WAREFORCE,
INTERNATIONAL DEVELOPMENT . ADVISORY
SERVICES, INC., POWERNET, EXECUTRAIN, AND
OTHER VENDORS - FOR THE DEPARTMENT OF
POLICE - AT TOTAL AMOUNT NOT TO EXCEED
$3,359,868 - ALLOCATE FUNDS THEREFOR FROM THE
"COPS MORE 98" TECHNOLOGY GRANT.
s
15. AUTHORIZE ACQUISITION OF COMPUTERS, SERVERS, 2/9/99
SOFTWARE,. RELATED EQUIPMENT AND. SERVICES, R 99-100
AND INTERNET SERVICES FROM .-, UNISYS 55-56
CORPORATION, MICROSOFT, .BEWLETT-PACKARD,'-
DELL, COMPAQ, IBM, WAREFORCE, INTERNATIONAL
DEVELOPMENT • ADVISORY -.SERVICES, .:. INC.,
POWERNET, EXECUTRAIN, CENTRAL AUDIO VISUAL,'
AND OTHER VENDORS - FOR THE DEPARTMENT OF, -:
POLICE - AT TOTAL AMOUNT NOT -TO -EXCEED. -
$568,980.12 - ALLOCATE FUNDS .THEREFOR FROM
THE COMMUNITY POLICING DEMONSTRATION
'.CENTER'., GRANT,' ACCOUNT .-`CODE-.'- NO.
142021.290496.6.840.
rA
16. APPROVE SECOND READING ORDINANCE: REPEAL IN ` - 2/9/99
ITS ENTIRETY ARTICLE XI, DIVISION 8, ENTITLED ORDINANCE 11753
"HOUSING OPPORTUNITIES FOR PERSONS WPfH AIDS = .57-58
ADVISORY BOARD", CODE OF THE CITY OF MIAA%
FLORIDA, AS AMENDED - AUTHORIZE AND DIRECT
CITY MANAGER JO TAKE WHATEVER STEPS ARE '
NECESSARY FOR - THE CITY AS ENTITLEMENT' r'
RECIPIENT OF HOPWA PROGRAM GRANT FUNDS TO
JOIN AND PARTICIPATE WITH MIAMI-DADS HIV/AIDS
- FURTHER DIRECT CITY MANAGER TO GROUP AND
LIST TOGETHER RELATED ITEMS ON COMMISSION'
MEETING AGENDAS -' - FURTHER DISCUSS AND
DIRECT ADMINISTRATION TO ENSURE MONITORING
OF EXPENDITURE OF $8 MILLION IN HOPWA FUNDS.
17. APPROVE SECOND READING ORDINANCE: AMENDING 2/9/99
CHAPTER I NARTICLE IV, OF THE CODE OF THE CITY ORDINANCE 11754
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 59-60
"DEVELOPMENT IMPACT AND OTHER RELATED
FEES/INTERIM PROPRIETARY AND GENERAL
SERVICES FEE" - TO PROVIDE THAT INTERIM .
PROPRIETARY AND GENERAL SERVICE FEE SHALL BE ,
PAID IN FULL PRIOR TO THE ISSUANCE OF .
CERTIFICATE OF OCCUPANCY AND OF COMPLETION
AND COLLECTED BY THE DIRECTOR OF PLANNING, .
BUILDING AND ZONING DEPARTMENT - FURTHER
AMENDING SECTIONS 13-138, 13-139 AND 13-144 OF:
SAID CODE.
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18. APPROVE SECOND READING ORDINANCE: AMENDING 2/9/99
`SECTION 2-612, ARTICLE V. OF THE, CODE OF THE ORDINANCE 11755
CITY OF MIAMI, FLORIDA, AS _ AMENDED ("CrN 60-61
CODE"), ENTITLED "CONFLICTS OF INTEREST — TO
ALLOW EMPLOYEES OF:THE CITY OF MIANU TO
PARTICIPATE IN COMMUNITY DEVELOPMENT BLOCK
GRANT ASSISTED SINGLE FAMILY REHABILITATION
LOAN PROGRAM WITHOUT SEEKING WAIVER a
19. APPROVE FIRST READING ORDINANCE: AMEND 2/9/99
SECTION 22-12 OF CODE OF .CITY ENTITLED "WASTE FIRST READING
FEES," — -REPEAL ASSESSMENT- OF SUPPLEMENTAL ORDINANCE
WASTE FEES UPON CERTAIN. ESTABLISHMENTS AS.. 61-62
SPECIFIED HEREIN . ' -AND PROVIDING FOR ,
RETROACTIVE EFFECT OF CERTAIN PROVISIONS. .
20. AUTHORIZE CITY MANAGER -: TO EXECUTE 2/9/99
REVOCABLE LICENSE AGREEMENT (WITH ANCHOR R 99-101
MARINE OF , MIAMI, INC.,, - (-LICENSEE!). FOR 62-63
MONTH -TO —MONTH USE OF PROPERTY LOCATED AT
APPROXIMATELY 971 NW 7 STREET, --' FOR PURPOSE
OF SECURING AND OPERATING AN ADJACENT
PARKING FACILITY FOR:. LICENSEE'S.." BUSINESS
LOCATED AT 961. •. NW 7 STREET FURTHER, "
INDICATING THAT ANCHOR MARINE, INC. AGREED.
TO GIVE CITY A SLIP FOR MARINE PATROL USE.
21 • TABLE TO LATER IN SESSION CONSIDERATION OF 2/9/99
AGENDA ITEM 18A (APPROVING ASSIGNMENTS OF DISCUSSION
THE INTERESTS OF MIAMI TOWER ASSOCIATES 63-64
LIMITED PARTNERSHIP AND MIAMI RETAIL
ASSOCIATES LIMITED PARTNERSHIP FOR PROPERTY
KNOWN AS NATIONSBANK TOWER LOCATED AT 100
SE 2 STREET) — SEE LABEL 5613.
22. (A) ALLOCATE $1,000,000, TO MIAMI-DADS COUNTY; -2/9/99
OFFICE OF COMMUNITY SERVICES (SERVICE. R 99-102
PROVIDER) - FOR PROVISION OF SHORT TERM 65-70
HOUSING ASSISTANCE TO LOW INCOME PERSONS
LIVING WITH HIV/AIDS IN MIAMI-DADS COUNTY
ALLOCATE FUNDS THEREFOR FROM THE FY 1998 -
HOUSING ' OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAM GRANT,' "ACCOUNT -NUMBER
194006.590606.6860.94654.
(B) DISCUSS / DIRECT ADMINISTRATION- .TO HAVE ' •'-
WORKSHOP IN ' CONNECTION ' WITH EMPOWERMENT
ZONE —FURTHER FURTHER -URGING -CITY' MANAGER TO
- INCREASE CITY PRESENCE'ON EMPOWERMENT ZONE
MEETINGS AND TO MAKE' CITY COMMISSIONERS' j
AWARE OF PROCESS.
ti :t
23. (A) APPROVE EMERGENCY _d l :r ORDINANCE- •2/9/99
—ESTABLISHING INITIAL-l •.RESOURCES, AND- ORDINANCE'
APPROPRIATIONS FOR. SPECIAL - REVENUE- FUND 71-75
ENTITLED DISTRESSED . NEIGHBORHOODS � GRANT
PROGRAM - ACCEPT GRANT FROM U.S. DEPARTMENT `t `,
OF JUSTICE TO HIRE 68 POLICE OFFICERS. - - =1
(B) COMMENTS . - REGARDING ._ -- i EXPRESSING
COMMISSION'S GRATITUDE TO CONGRESSWOMAN
CARRIE MEEK FOR EFFORTS ON BEHALF OF CITY IN
CONNECTION WITH DISTRESSED NEIGHBORHOOD
PROGRAM.
(C) DIRECT ADMINISTRATION THAT NET OFFICES
RESTRUCTURING SHOULD TAKE HIGHEST PRIORITY =
COMMENTS REGARDING COMMUNITY SERVICE
REPRESENTATIVES ASSIGNED TO NET AND TO LOT
CLEARING FUNCTION
24• APPROVE EMERGENCY ORDINANCE AMENDING ' 2/9/99
ORDINANCE 10021 ESTABLISHING INITIAL ORDINANCE
APPROPRIATIONS FOR LAW ENFORCEMENT TRUST 76-77
FUND - FURTHER INCREASING SAID FUND BY
$1,700,000.00.
25• APPROVE EMERGENCY ORDINANCE AMENDING 2/9/99
ORDINANCE 11638 ESTABLISHING INITIAL ORDINANCE
RESOURCES FOR SPECIAL REVENUE FUND ENTITLED 77-78
WEED AND SEED ASSET FORFEITURE - INCREASE
SAID FUND BY $100,000.00 GRANT FROM U.S.
DEPARTMENT OF JUSTICE.
26. APPROVE EMERGENCY ORDINANCE ESTABLISHING 2/9/99
SPECIAL REVENUE FUND ENTITLED COPS MORE 98 - .ORDINANCE 11759
ACCEPT GRANT FROM U.S. DEPARTMENT OF JUSTICE 79-80
FOR $12,668,336 FOR SAIID FUND. .
27. (A) DISCUSS / DEFER TERMINATING THE HOME
2/9/99
PROGRAM COMMUNITY HOUSING DEVELOPMENT
M 99-103
ORGANIZATIONS AGREEMENT BETWEEN THE CITY
90-88
OF MIAMI, FLORIDA AND THE URBAN LEAGUE OF
GREATER MIAMI, INC. DATED" FEBRUARY 15, 1996,
FOR THE DEVELOPMENT OF THE 134-UNIT HOUSING
--
PROJECT KNOWN AS 'NORTHWESTERN ESTATES
("PROJECT") - INSTRUCT" CITY ATTORNEY TO WORK
WITH ALL INTERESTED PARTIES ON SAID MATTER -
FURTHER DIRECTING CITY MANAGER TO BRING SAID
ISSUE BACK BEFORE CITY-. COMMISSION WITHIN 30
DAYS - FURTHER REQUESTING OF URBAN LEAGUE
TO SUBMIT BALANCE OF. $144,000.00 PROGRAM
INCOME FUNDS TO CITY - DIRECT CITY MANAGER
-
TO PROVIDE LIST OF PROPERTIES -IN OVERTOWN IN.
FORECLOSURE.
(B) DEFER CONSIDERATION OF AGENDA ITEM 28 -
(RESCINDING RESOLUTION 97-907 ACCEPTING
NORTHWESTERN ESTATES PLAT.)
28. RESCIND BID AWARD TO ROYAL PACIFIC COMPANY -
'2/9/99
- FOR THE REPLACEMENT OF EXTERIOR WALK
R 99-104
DOORS AT FIRE STATION NO. 1 - FOR FAILURE TO
89-89
PROVIDE REQUIRED CERTIFICATE OF INSURANCE -
AWARD BID TO H.O.M.. CONSTRUCTION
CORPORATION - ALLOCATE $7,980 THEREFOR FROM
ACCOUNT CODE NO.001000.280701.6.670.
29• DIRECT CITY MANAGER TO PROVIDE MORE
2/9/99
INFORMATION PRIOR TO NEXT CITY COMMISSION
DISCUSSION
MEETING IN CONNECTION WITH PROFESSIONAL
89-90
SERVICES AGREEMENT WITH THE FIRM OF MILIAN,
SWAIN AND ASSOCIATES, INC., TO PROVIDE
PLANNING AND DESIGN SERVICES FOR THE
RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT.
1`rC3fT:!n_y.ri.... r'T.x'. .1:'°.'n.'�'i.-. rams 111gP!/�i,1f •.:.v a..;+'T.'i - _ - - .. ._. .. - -.. .? _'.�i.`11C4'�-� �.♦iF��-
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30. (A) AMEND. RESOLUTION NO. 98-1218"=110- WAIVE 2/9/99
= REQUIREMENT • BY - I FOUR -FIFTHS VOTE OF R 99-105
MEMBERSHIP. OF CITY COMMISSION THAT AN R 99-106
INDIVIDUAL APPOINTED AS MEMBER OF THE . CITY 90-93
OF NIIAMI CHARTER REVIEW AND REFORM
COMMITTEE MUST BE QUALIFIED ELECTOR OF CITY.
(B) AMEND RESOLUTION 98-1218, SECTION 3 - (4) TO
-EXTEND EXISTENCE OF CHARTER REVIEW -AND
REFORM CONIlV =E BY THIRTY DAYS AS WELL AS
ALL PERTINENT. TIME LINES = FOR,- 7 .REQUIRED
MEETINGS . AND REPORTS ; • - . FURTHER' WANING
QUALIFIED .' ELECTOR OF" CITY REQUIREMENT - FOR
APPOINTEES TO. SAID COMMITTEE. }lj._ ', .f ".
31. ACCEPT BID.- OF . SPORT SUPPLY: GROUP,. INC:, D/B/A 2/9/99
BSN SPORTS; - FOR PURCHASE OF TRACK AND FIELD R 99-107
EQUIPMENT FOR CURTIS PARK .FOR= DEPARTMENT 93
OF PARKS AND RECREATION - AT TOTAL COST,NOT
TO ." EXCEED $12,159.90 '' ALLOCATE' ' FUNDS
THEREFOR FROM, THE SAFE NEIGHBORHOOD PARK'
BOND FUNDS, CAPITAL IlAPROVEMENT PROJECT NO:
333113.
32• INSTRUCT CITY MANAGER ' ' TO-. MEET ` WITH 2/9/99
COMPANIES WISHING TO PROVIDE PUBLIC PAY M 99-108
TELEPHONE• SERVICES, - IN • CITY FURTHER 94-102
INSTRUCTING MANAGER TO RETURN WITH REPORT
TO CITY COMMISSION WITHIN SIXTY DAYS: - FURTHER DIRECT CITY MANAGER TO ENSURE _
PUBLIC PAY TELEPHINE PROVIDERS ADDRESS AREA
OF CITY WHERE ANTICIPATED REVENUE RETURN IN
PLACEMENT OF PHONES IS LOW. - FURTHER DISCUSS
PRACTICE OF USING PAY TELEPHONES FOR
ADVERTISING AND LACK OF PAY PHONES AT'
JEFFERSON REEVES CLINIC IN OVERTOWN. -
PERSONAL APPEARANCE: OLGA GIXER, BELL SOUTH
CITY ACCOUNT REPRESENTATIVE.
33. DEFER TO NEXT COMMISSION MEETING, DISCUSSION 2/9/99
CONCERNING AN ALTERNATIVE PLAN FOR NOISE DISCUSSION
ABATEMENT FROM MIAMI INTERNATIONAL 102
AIRPORT.
34. DISCUSS ONGOING SITUATION WITH THE, CITY OF 2/9/99
MIAMI'S WORKERS' COMPENSATION. - INSTRUCT M 99-109
CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS 102-107
FOR INVESTIGATION OF TOP CASES INVOLVING CITY
<: WORKERS' COMPENSATION CLAIMS - TO VERIFY
" LEGITIMACY OF CLAIMS.
35. DISCUSS / REVIEW COST FOR REPAIRS OF THE ROOF
2/26/99
AT THE CENTER FOR HAITIAN STUDIES, INC.,
M 99-110
LOCATED AT 8260 N.W: ,2ND AVENUE - DIRECT CITY
107-111
MANAGER TO REALLOCATE . . COMMUNITY -
DEVELOPMENT FUNDS FOR ROOF REPAIRS FOR . ,
CENTER FOR HAITIAN STUDIES . •WITH CONDITIONS. -
DIRECT. CITY MANAGER TO PROVIDE REPORT_ IN
CONNECTION WITH $170,000 : FOR - HIRING
.
CONSULTANT TO ASSIST CITY WITH APPLICATION
FOR EMPOWERMENT ZONE - FURTHER REQUESTING
ADDITIONAL REPORT ON STATUS. OF FUNDS
ALLOCATED FOR ANNUAL COMMUNITY
DEVELOPMENT BLOCK ' GRANT ' CLOSE OUT OF
GRANTS FROM PRIOR BUDGETARY CYCLES.'- DIRECT
CITY MANAGER TO DRAFT POLICY PROPOSAL FOR
CITY COMMISSION TO CONSIDER ON HOW CDBG
FUNDS WOULD BE ALLOCATED IF OTHER ENTITIES
REQUEST SIMILAR ASSISTANCE FOR REPAIRS.
36, APPROVE $25,000 SETTLEMENT: WIFREDO FARINAS
2/9/99
AND GUSTAVO CHAVES VS. CITY OF MIAMI.
M 99-111
112-116
37• (A) DISCUSS COMPREHENSIVE MONTHLY STATUS
2/9/99
REPORT INCLUDING CDBG FUNDS AND AUDIT OF
DISCUSSION
COMMUNITY REDEVELOPMENT AGENCY.
117-123
(B) DIRECT CITY MANAGER TO PRESENT REPORT AT
NEXT MEETING REGARDING FISCAL IMPACT OF
ANTICIPATED RETIREMENTS FOR THIS FISCAL YEAR.
38• AUTHORIZE / APPROVE AMENDED AGREEMENT WITH
2/9/99
LEASE FOR GROVE': HARBOUR - MARINA AND
R 99-112
CARIBBEAN MARKETPLACE - DIRECT CITY
123-127
MANAGER TO ADVISE OVERSIGHT BOARD OF
DANGER TO CHANGE PROPOSALS ONCE RECEIVED -
FURTHER DIRECT CITY MANAGER TO ADVISE
COMMISSIONERS WHEN ALL DOCUMENTS RELATED
TO DINNER, KEY BOATYARD MARINA/
MARKETPLACE PROJECT HAVE BEEN EXECUTED.
39. DEFER TO COMMISSION MEETING OF FEBRUARY 23, :, 2/9/99
' 1999, :. -. DISCUSSION CONCERNING .j.: NET . -9.., DISCUSSION
PROGRAMMING. �: Y _ r - - • _- - 127
40. DISCUSS / INSTRUCT ; CITY,- . MANAGER . TO . HAVE: • 2/9/99
POLICY RELATED TO WAIVING -FEES FOR SPECIAL. DISCUSSION
EVENTS / PARADES / FESTIVALS IN NEXT YEAR'S 127-129
BUDGET.'
41. DISCUSS/ DEFER TO -SPECIAL MEETING OF FEBRUARY 2/9/99
16, 1999 .PROPOSAL PROFFERED,, BY TCI / AT&T. / DISCUSSION
MEDIA' ONE TO -•RESOLVE CABLE' TELEVISION 430-145
FRANCHISE' LICENSE RENEWAL• ' ISSUES j'=:y AALSO-
SCHEDULE'!-DISCUSSION IN : CONNECTION
FUTURE OF MIANII CIRCLE}r
_ %}1.. ilsl./ tr:'I.� ~t`.'��t.•. dY.:`+.r.tFi�.:. ..,
42. REAPPOINTING RUTH,,GREENFIELD -TO BAYFRONT ; 2/9/99
PARK MANAGEMENT -TRUST f - _'.: ix R 99-113
43. APPOINTING NAMES PROFFERED TO- BROWNI+IELDS 2/9/99
ADVISORY. BOARD FOR -TERMS-, AS,: DESIGNATED : R 99-114
HEREIN. - , 7 146-147
44. (A) REAPPOINTING, JACQUELINE C. T7ARELLO 2/9/99
ECHAGARRUA TO. CODE ENFORCEMENT BOARD FOR R 99-115 .
TERMS AS DESIGNATED HEREIN. 147-150
(B) COMMENTS IN CONNECTION WITH ELADIOq
ARMESTO- REFRAINING FROM ATTENDING, -CODE
ENFORCEMENT BOARD MEETINGS
45. COMMENTS IN CONNECTION WITH RIBBON CUTTING 2/9/99
CEREMONY FOR GUSMAN HALL'S MASQUES. DISCUSSION
_ 150
46. REAPPOINTING CERTAIN INDIVIDUALS TO CITY OF 219/99
MIAMI AFFIRMATIVE ACTION ADVISORY BOARD., R 99-116
'150-151
47. APPOINTING HERSCHEL HAYNES -TO THE CHARTER-' 2/9/99
REVIEW AND REFORM COMMITTEE;-. , ; ; R 99-117
:... 151-152
48. APPOINTING SERGIO GUADIX. TO CIVIL ' SERVICE 2/9/99
BOARD., R 99-118
152-153
49. APPOINTING FLORENE NICHOLS- AND ROBERT 2/9/99
FLANDERS TO CULTURAL AND FINE ARTS BOARD_ ` ' ° R 99-119
153-154
50. _BRIEF - COMMENTS ` IN CONNECTION WITH 2/9/99
REPPOINTING MAYOR JOE CAROLLO AS A VOTING • DISCUSSION
"EX-OFFICIO MEMBER AND CHAIRPERSON OF THE • 154-157
MIAMI SPORTS AND EXHIBITION AUTHORITY
r("MSEA') — SEE LABEL 52. 1'
51. REAPPOINTING ELI FEINBERG / STEVE MARIN / BILL' 219/99
BAYER' TO MIAMI SPORTS AND EXHIBITION R99-120
AUTHORITY ("MSEA") 157-158
52. REAPPOINT MAYOR JOE CAROLLO AS CHAIRMAN OF 2/9/99
WIIAMI SPORTS AND EXHIBITION AUTHORITY SEE R 99-121
LABEL 50. 158-159
53. RENAME ALLAPATTAH COMSTOCK-PARK LOCATED.- 2/9/99
AT 2800 NW_.17 AVENUE, .-MIAMI, FLORIDA, TO JUAN. R 99-122
PABLO DUARTE— SEE LABEL 63.''4-.;.,'
54. DIRECT CITY CLERIC TO SCHEDULE APPOINTMENTS ' W9/99
TO COMMUNITY RELATIONS BOARD COMMENTS DISCUSSION
FROM CHAIRMAN PLUMMER THAT HE INTENDS TO, ,162
APPOINT PAT TORNILLO TO SAID BOARD.
55. COMMENTS FROM COMMISSIONER REGALADO III, .2/9/99
CONNECTION WITH LACK � ' � ' OF � � " ' MINORITY • DISCUSSION
REPRESENTATION ON OFF STREET PARKING BOARD. a . ,163
56. (A) WANE REIMBURSEMENT PAYMENT CHARGED TO -2/9/99
SOUTHWEST SOCIAL SERVICES FOR ELECTRICITY'- R 99-123
FOR CITY -OWNED PROPERTY LOCATED AT 25 163-167
TAMIAMI BOULEVARD.
(B) REQUEST TO DEFER ITEM 18A (APPROVING
ASSIGNMENTS OF INTERESTS OF MIAMI TOWER
ASSOCIATES LIMITED PARTNERSHIP AND MIAMI"
RETAIL ASSOCIATES L] IITED PARTNERSHIP FOR
PROPERTY KNOWN AS' NATIONSBANK 'TOWER
LOCATED AT 100 S.E.: 2 STREET) — SEE LABEL 21.
57. CONTINUE DISCUSSION ON NEED TO MONITOR 2/9/99
ENTITIES DOING CONSTRUCTION ON CITY STREETS DISCUSSION
WITHOUT DOING • PROPER PATCH UP WORK OR ' - 167
CLEAN UP AFTERWARDS — SEE LABEL 2.
58. DIRECT . ADMINISTRATION TO FIND SUITABLE;;,2/9/99
FACILITY IN OVERTOWN AREA - FOR POLICE ..DISCUSSION
MINORITY ASSOCIATION TO CONDUCT,, AFTER—TJ168-169
SCHOOL TUTORING PROGRAM.
59.
COMMENTS FROM COMMISSIONER TEELE IN
_2/9/99
r ' CONNECTION ; WITH : RELOCATION OF BASIC
DISCUSSION
-°-' TRAINING ORGANIZATION. -, ..
.169
60.
RATIFY / APPROVE / CONFIRM CITY ,- MANAGER'S
2/9/99
EMERGENCY FINDING FOR PROCUREMENT OF
R 99-124
.a LIGHTING AND ELECTRICAL WIRING IMPROVEMENTS
-169-171
AT MILDRED AND CLAUDE PEPPER BAYFRONT PARK
-- BY HI TECH CONSTRUCTION, INC; : RICHARD'S
-,
ELECTRIC - ALLOCATE $52,000.00 FROM CAPITAL
IMPROVEMENT- PROGRAM, - BAYFRONT s PARK
: -
, ,
- EWROVEMENTS PROJECT 33141..:
61.
EXEMPT
PROHIBITIONS / RELAX TIME RESTRICTIONS
2/9/99
CONTAINED IN SECTION - 36 - . OF "CODE ' OF CITY
R 99-125
RELATED TO- NOISE: LEVELS -AND HOURS',". THAT',
172-173
EXCESSIVE NOISE MAY - TAKE PLACE FOR OPENING,'.",
NIGHT, GALA FOR 16TH M Q,19-.FILM FESTIVAL- AT.,
INTERCONTINENTAL HOTEL:' -
62•
CON04ENTS FROM CHAIRMAN PLUMMIER DIRECTING .2/9/99
CITY MANAGER TO' DEDICATE 7 SECTION' 'OF
- DISCUSSION
COMMSSION MEETING, _ , AGENDAS . , _ T ' FOR
173-175
COMMISSIONERS' ITEMS. `
63.
CONTINUE DISCUSSION / VICE - CHAIRMAN GORT
2/9/99
STATES THAT EXPENSES RESULTING --FROM
-DISCUSSION
RENAMING OF. ALLAPATAH COMSTOCK PARK ARE
.175
TO BE BORNE BY PRIVATE SECTOR - SEE LABEL 53.
-
64.
DIRECT CITY MANAGER TO SCHEDULE FOR NEXT
-2/9/99
COMMISSION MEETING ISSUE OF TAX INCREMENT
DISCUSSION
PAYMENT TO BE RECEIVED BY SOUTHEAST
175-177
OVERTOWN -PARK WEST AND OMNI DISTRICTS,
COMMUNITY REDEVELOPMENT AGENCY FROM
MIAMI-DADE . COUNTY - FURTHER REQUESTING'
THAT OMNI RESIDENTS BE INVITED TO MEETING.
65.
COMMENTS FROM CHAIRMAN, • PLUMMER' _. IN
2/9/99
CONNECTION WITH SCHEDULING PRIVATE WASTE
DISCUSSION
HAULERS ISSUE FOR FEBRUARY 23, .1999 AS PUBLIC
177-178
HEARING / WORKSHOP - SEE LABEL 69.
66. DIRECT CITY MANAGER TO RESEARCH FEASIBILITY ' 2/9/99
OF CAFETERIA STYLE HEALTH BENEFITS PLAN FOR DISCUSSION
CITY EMPLOYEES. 179-180
67. DIRECT CITY MANAGER -TO REVIEW PROBLEM
2/9/99
INVOLVED ' WTTH KEEPING BUILDING DOORS OPEN
DISCUSSION
AT WYNWOOD FREE TRADE ZONE.
180-181
68. COMMENTS FROM CHAIRMAN PLUMMER IN
2/9/99
CONNECTION WITH LIGHTS OUT OF' SERVICE IN THE
DISCUSSION
PUBLIC RIGHT- OF- WAYS. ' -
181
69. CONTINUE DISCUSSION_=DIRECT CITY MANAGER TO
2/9/99
SCHEDULE WASTE HAULERS WORKSHOP AT 10 A:M.
DISCUSSION
ON FEBRUARY 23, 1999_ COMSSION. MEETING -
181-182
FURTHER INSTRUCTINGMIMANAGER TO SCHEDULE
' PLANNING AND ZONING _.ITEMS FOR 2 P.M. ' = SEE
•
LABEL 65.
MINUTES OF REGULAR MEETING OF THE
.CITY COMMISSION OF NIIANII, FLORIDA '
On the 9thday of February, 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 9:34 a.m. by Presiding Officer/Executive Mayor Joe Carollo,
with the following members of the Commission found to be present:
Chairman J.L. Plummer, Jr. (District 2).. t _
Commissioner Joe Sanchez (District 3) -
Commissioner Tomas Regalado (District 4) y
ABSENT:
Vice Chairman Wifredo Gort (District 1)
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
An invocation was delivered by Mayor Carollo, who then led those present in a pledge of allegiance to
the flag.
Chairman Plummer: We're going to do the two presentations fast.
Mayor Carollo: If we could all stand up, please. Commissioner Sanchez will lead us in prayer this
morning.
1.(A) THE YEAR OF THE RABBIT:ORGANIZATION OF CHINESE AMERICANS.
(B) BURN AWARENESS WEEK: IRWIN KIRBY OF THE MAHI SHRINE.
(C) COMMENDATION: EDMUNDO GUEVARA FOR VALUABLE COMMUNITY SERVICE.
Mayor Carollo: If I could ask the representatives of the Chinese American Community that are here.
Winnie Tang, President of the Chinese American Organization. Winnie, are you here? There you are.
Good. Why don't you come up and bring your group up, if you would, please. I think Inez, yeah, is also
here.
Chairman Plummer: Good morning.
Mayor Carollo: You have to begin by saying Nehaw (phonetic).
Commissioner Sanchez: It certainly is a great pleasure for the City and everyone up here in the dais to
present this proclamation. The City of Miami, Florida. Whereas, Chinese lunar calendar, consisting of 12
animal signs and the signs of peace, is the largest chronological record in history, dating back to the rein of
the Emperor Huang Ti in 2637 BC; and whereas, February the 16, 1999 marks the beginning of the Year of
the Rabbit 4697, an event celebrated by Chinese Americans in our community with the IIth Annual
1 February 9, 1999
Commissioner Sanchez: It certainly is a great pleasure for the City and everyone up here in the dais to
present this proclamation. The City of Miami, Florida. Whereas, Chinese lunar calendar, consisting of 12
animal signs and the signs of peace, is the largest chronological record in history, dating back to the rein of
the Emperor Huang Ti in 2637 BC; and whereas, February the 16, 1999 marks the beginning of the Year of
the Rabbit 4697, an event celebrated by Chinese Americans in our community with the IIth Annual
Chinese New York Festival; and whereas, organized by the Chinese Culture Foundation, the Organization
of Chinese Americans and the Chinese American Community, the festival is open to the public and aims in
the promote and showcase the rich Chinese culture and heritage; and whereas, the Chinese community has
made many outstanding contributions and is a vital and active part of the City of Miami in the nation; and
whereas, the City of Miami salutes the great service rendered on behalf of this community by local residents
of Chinese descent. Now, therefore, I, Joe Carollo, Mayor of the City of Miami, Florida, do hereby
proclaim February the 16, 1999 through February 4th, the year 2000, as the Year of the Rabbit. In
observance therefore, we all call upon the residents of the City of Miami to join, the Mayor and everyone up
here in the celebration of this important occasion. It is with great pleasure that the Mayor and the
Commissioners present this proclamation. The Year of the Rabbit., .
Chairman Plummer: Mr. Mayor, I found out that Joe was born in the year of the rat
Commissioner Sanchez: I was born in the year of the -snake.
Chairman Plummer: The rat.
Mayor Carollo: One more we've got here. Thank you all very, very much. If Irwin Kirby could come up
here, please, from the Mahi Shrine. , .. .
Vice Chairman Gort: Good morning. It's very important that we have so many kids here. I'm glad you all
are here today. This is a proclamation. City of Miami, Florida. Whereas, every year more than two million
people suffer burns and injuries of some kind. Out of more than one of every three burn victims are
children; and where, severe bums are leading cause of death and injury in North America, even though
approximately 75 percent of all burn injuries and deaths are preventable; and where, as the Shrine of North
America operates four Shrinees hospitals. They provide medical care totally free of charge for severely
burned children; and whereas, the Shrine of North America and Shrines Hospital join with other burn
facilities across the that nation in recognizing the seriousness of this hazard and the urgent need to educate
the public about burns prevention and fire and safety; and whereas, local authorities, on behalf of the
community, salute the Shriners of North America for its continuous support of young, burnt victims. Now,
therefore, Mayor Joe Carollo, of the City of Miami, Florida, do hereby proclaim February 7th to the 13th,
1999 as Burn Awareness Week. Congratulations, sir. (applause).
Mr. Irwin Kirby: Thank you very much. We thank you for this recognition. This is a national program,
Burn Awareness Week, and we're just doing our part locally to make sure that children are kept free of
harmful injuries from heated objects in and around the home. 1 could talk all day long on this. Thank you.
Chairman Plummer: Very well.
Mayor Carollo: Thank you.
Chairman Plummer: For the record, the Manager has pulled Item 22. Mr. Clerk, if you would show Item 22
as also withdrawn. Anyone here on Item 16 — now I can't see — 22, 23, and 24, you can go home. The
items have been already pulled. Mr. Mayor, were — the last bus is arriving of the children — of the kids and
2 . February 9, 1999
we need to delay just a few minutes, I guess.
Mayor Carollo: Let's see if we could wait a few more minutes.,, We have got time anyway...
Chairman Plummen:Yeah.
Mayor Carollo: ... before they get here..
Chairman Plummer., All right,-.!-,.
Mayor Carollo: And those that are here now, I'd just like to thank you for being here today on behalf of the
City of Miami. I know that this is an important trip for all of you, to come into City Hall -today and we just
want to letypu know that we're -very happy.that all of you are here today. i"ell vi'l -j--,
2. DISCUSSION IN'CONNECTION WITH ENTIMS AND CONSTRUCTION COMPANIES WHICH
CONDUCT SIDEWALK OR ROAD REPAIRS THAT BRAKE UP STREETS -To REPAVE SAME Up
TO CITY CODE STANDARDS OR TO COMPENSATE CITY FOR SAME — FURTHER
INSTRUCTING CITYMANAGER TO RESEARCH WHETBER;CITY CAI CHARGE NU AA0-DADE
WATER AND SEWER A USER FEE FOR USING CITY RIGHT-OF-WAYS. - I
_ , , . `U 1't ii lutj :hl k-
Vice Chairman Gort: While we're waiting, could I ask you a few questions?
Chairman Plummer. Why not
Vice Chairman Gort: Mr. Manager, one of the things that I've noticed in traveling through the diffeiini
streets within the City of Miami — and this is related with public works. There's a- lot of work on
infrastructure that are being done and throughout -the — -especially withm—m"y"disitrict, and somehow the
repairs are being done and, especially when they break up"the roads, whefi"ifiey _come back up to Code, I
mean, we got potholes taking place; we've got repairs that are taking place and not —'they `not keeping 9 UP
with the Code for roads. And, what are we doing with those people that are pulling permits, like the utility
companies mostly are the ones that's doing all the breaking up?
Mr. Donald Warshaw (City Manager): I'm not a hundred percent sure- I understand' the `question,
Commissioner. You say, are the utility companies pulling permits...
Vice Chairman Gort: The question is, the utility companies go into our neighbors; they break up our roads
and our sidewalks, and when they repair the sidewalk and the roads, they're not up to Code. They're not up
to our standards. I mean, you've seen a lot of potholes being created; you see a lot of uneven - roads, . and wed
like to know if there's an inspector that should go there and make sure they put it back the way it should be.
Chairman Plummer: No, worst than that, Mr. Gort, if I may. Go on Northwest North River biriv"e'-d"nd3-rd,
Street, where the old Salvation Army used to be. Somebody has torn up that street.
They tried to put it back
together. Honest to God, it is dangerous to drive by there because you test the suspension system in your
car. On Tiger Tail, there's a couple of them there. As I see it, what is happening, is the fact that when they"
come out, they're not doing the patchwork the way it should be done. We had — and -we talked. about,,
previously, Mr. Kay, not with you but before you — the area of making these people putup a 10 p'erc'ent"_ifi`
case we*had to go out and do the work, and I think that that's something that really, really needs to be done.
You might study the City of Coral Gables. Sometimes they do things right. They do not allow� just you to
patch the whole, OK. They make you do a distance on both sides. wo
3 February 9, 1999
Commissioner Teele: Mr. Manager, before you respond to Commissioner Gort — and, please keep this
question in mind. I've raised a similar question in the last two Commission meetings and I was prepared
today to ask the City Attorney to prepare an emergency ordinance that puts a moratorium on all construction
on the City of Miami roads without a permit. And let me tell you. The reason is, I just left 3rd Avenue,
where construction is going on right on the corner of 3rd Avenue and 1 Oth Street. They have got that entire
road torn up. This is Water and Sewer. They have done 3rd Avenue, straight down 3rd Avenue from about
8th Street all the way up to 14th. They patched it. It is the worst patch job rve ever seen. This is Water and
Sewer. Now, what happens is this, Mr. Manager. When a County Commissioner — I know when I served as
a County Commissioner, when they patched up 54th Street, right in front of the "Miami Times", and 1 called
the Water and Sewer Director, within 48 hours, they were repaving the entire 54th Street and that is because
Water and Sewer responds to County Commissioners, just like City Public Works responds to City Public
Works. But this thing is out of control. Not only that, they are literally taking — and, Mr. Mayor, I really
hope you're listening to this. They are taking Clty property. They're putting — the property that is owned by
the City of Miami — right now on the corner of 3rd Avenue and 10th Street has all sorts of water and sewer,
piping and trucks, and all of that. They're not compensating us. If we were a private land owner, they
would come in and respect the City or respect that land owner:. They would negotiate a fee. They use City
owned property as storage areas without any permits, without any permission, all over the place. -Now, I
asked the question in the last Commission meeting, Mr. Mayor. I asked the question of the Public Works
director, can we charge Water and Sewer for using our right-of-way? And are any other cities doing that
throughout the State? The answer is, yes. The answer is, yes. But this -is the point, Mr. Mayor — and 1 don't
want you to lose sight of this because, you know, you've made some statements about the County coming up
with money. The County is sitting on a gold mine, Mr. Mayor. They charge Water and Sewer rates to the
citizens of this County in gross excess of what it cost to run the system. They're charging forty-five million
dollars ($45,000,000) in the rate structure for overhead, to pay for things like what we're talking about now.
They charge a forty-five million dollars ($45,000,000) a year overhead, Mr. Mayor. And the fact of the
matter is, is that what is happening is that the City of Miami — I don't know about Coral Gables — but the
City of Miami streets are being abused by what is going on. And what Commissioner Gort is saying, I one
hundred percent agree with. What Commissioner Plumber is saying, I one hundred percent agree with, Mr.
Manager. We are being taken advantage 6# but, more importantly, the citizens of Miami are being
taken ... and you can go throughout this city right now and you can just look at what Water and Sewer is
doing. I mean, there are other examples right there at the Florida Power & Light retransmission station.
They've shut down roads. Are we being compensated for those use of those roads?
Chairman Plummer: Yes.
Mr. James Kay (Director, Public Works): Yes.
Chairman Plummer: On Florida Power & Light, yes.
Mr. Kay: In that case, we are.
Chairman Plummer: Yeah.
Mr. Warshaw: And, Commissioner, I'm told that all of these projects have been permitted but you're right
on the issue of setting up shop on city streets. That's something we need to look at:
f-
Commissioner Teele: Are we receiving a fee?
Chairman Plummer: (inaudible)
4 February 9, 1999
Mr. Kay: Ne are receiving a permit fee, Commissioner, for the road construction but... - . -
Commissioner Teele: A use fee. _ _.:.>:- . , •.- :�
Mr. Kay:. But we are not. receiving any. kind of use fee, for the occupation or use -of the right-of-way- by
Water and Sewer:
Chairman Plummer: By Florida Power & Light, yes.. That's that .old system:
Mr. Kay:, Florida Power & Light.
J )` _ `.•r ,. = —r, . t - �" ..:ii y' 1(iU:e%ds.0 r '� s' :'
Chairman Plummer: -:I negotiated it: _ . , _ ,
s ' - ?` i,t',` �`.. ., - - , _ __• 'n . .-�'. +.. ;5).::� Vi .� nd'il;xt: -aJ%r .: i .half_ fit 3t^?a'•+.1•L . �:` '...,
Mr. Kay:. Yes.; Florida Power & Light, yes, sir. :r,. -- F ., -r n , _; ,_ _•., =r •«; td,j
,q t.
`-•. -. ._ .r..i- Te ..i' .. .::!�+tQ, :LdtF _ I .:_. a t• t� -_:S_
Commissioner Teele:-- Commissioner Gort has a separate' issue, which I agree, -and that.is, we should have a
clear ordinance, Mr, Attorney, Manager,.! that says,.iifyouu break up streets, then you must -repave the
entire section. of the - street..
s . ...
Vice Chairman Gort: To our standards.. :`, .4?f r' 4:, ;.r.. .,is •., .-�
�.
Commissioner Teele: ...to our standards. Equal to or greater than the way -it was when.they=got there., But
what is happening right now, there is nobody out there inspecting the work that they're doing because there's
on way any inspector would approve 3rd Avenue, which is a part of-- supposedly a high priority of the City
of Miami business corridor.
Mr. Kay: Mr. Commissioner, what they've done is, they have completed their installation and put down -a
temporary asphalt patch. They're supposed to come back in within so many days and prepare that -patch,
make it a permanent patch so, that we do have a good ridability and the sinkholes are cleared up. =
Chairman Plummer: But I think that what you really need is the ability that, when that sink hole occurs, that
you can make them come back and fill it up and do it right
Mr. Warshaw: Commissioner?
Mr. Kay: Yes, sir, we can.
Vice Chairman Gort: I called your office yesterday because there are two sink' holes: One in that tour
where you saw yourself. That tour we took together.
Mr. Kay: Right.
Vice Chairman Gort: Right on Flagami. And in Grapeland yesterday, there was another one. I called your
office because — and your office went ahead and put some signs.: I mean, -a- big hole that an individual
would not be able to take the car out. And that's some repair that was done there about a month ago.
Mr. Warshaw: Commissioner, we're going to send someone out there this morning and have art answer -for'
you before the lunch break on both issues, yours and Commissioner Teele's.
5 February 9, 1999
3. (A) PRESENTATION BY • SCHOOL CHILDREN CONCERNED ABOUT A - CIRCLE OF
ARCHEOLOGICAL SIGNIFICANCE FOUND IN BRICKELL PAINT DEVELOPMENT SITE.
(B) URGE FLORIDA LEGISLATURE TO ALLOW ARCHEOLOGISTS SUFFICIENT TIME TO
EVALUATE, ANALYZE, ETC. TO MAINTAIN ARCHEOLOGICAL FINDINGS.
(C) REQUEST DEVELOPER OF BRICKELL: POINT DEVELOPMENT SITE (401 BRICKELL
AVENUE) TO TRY TO DELAY CONSTRUCTION ON THE CIRCLE; MANAGER TO MEET WITH
REPRESENTATIVES OF US DEPARTMENT OF INTERIOR, FLORIDA DEPARTMENT OF
CULTURAL AFFAIRS, THE SMITHSONIAN INSTITUTE TO TRY TO PRESERVE CIRCLE.
Chairman Plummer: Mr. Mayor, if I may, so that we can get these kids, who are dying to get back to
school...
Vice Chairman Gort:- Yes, very anxious. -
Chairman Plummer: I would like to start this as soon as you're"ready,-sir:
Mayor Carollo: Commissioner Plummer, you can begin now. I think they're all here now.
Chairman Plummer: Mr. Mayor, I think most of us, sometime ago, started receiving letters and art from the
young children in the schools around about a certain project that they're going to be`able to' go see today and
as they leave here. They asked for their right to come to this City Commission and to express their views
and to basically let the world know that they are concerned. We have put together -and Pm going to ask
that BJ Smith abide by the ground rules of 10 minutes and, at this particular time, I'd like to introduce the
coordinator for this event here this morning, Mrs. B.J. Smith.. (applause).
Ms. B.J. Smith: Good morning, Mayor Carollo, Commissioners. -On behalf of all Dade County students, I
would like to thank Mayor Carollo, Commissioner J.L. Plummer, and the entire Commission for including
us on today's agenda. I would like to thank Commissioner Plummer and his chief of staff, Ann Sterling, for
being so responsive. Early this year, when these students from Miami Shores Elementary and Miami
Country Day School began writing letters expressing their interest in and concern for the wonderful
archeological discovery being uncovered at the mouth of the Miami River. The letter writing campaign has
now been extended to over 250 schools, public and private. It has been approved by the Dade County
Public School Superintendent's Office. Students would also like to thank developer, Mr. Michael Baumann,
for his lenience and support of the discovery thus far. Students want to learn more about Florida history,
whose time line is too short in content, too sparse. We appreciate your intention to this matter. Today, as
representatives of all Dade County students, these students appeal to you to work together with County,
State and Federal governments to find an amenable solution and create laws to preserve and protect this and
future historically significant discoveries. Now, I would like to turn the podium over to the students.
Michelle Russell.
Chairman Plummer: Number one. The first student. Please, give us your name.
Ms. Lucy Hynes: Lucy Hynes.
Chairman Plummer: OK. And speak real loud.
Ms. Hynes: Good morning, Mayor and City Commissioners. My name is Lucy Hynes and I am representing
Miami Shores Elementary School. I am here to ask you to save the Miami Circle because it very old and
6 February 9, 1999
4+.D:a..r...rt•,:._.....r-..;:ce:ai'a�..o--"_;`lu �Rt{�,?Hi:Y.t"�`��w5_�..� . , , _ � - .-. .. �. .-- - - __ - - .. o-yq�
might break. Please preserve the other artifact too and please give -the archeologists more time. They're
making more artifacts under ground and they need more time today. Please, help the state of Florida make a
law that will help archeologists the next time something needs to be preserved. Please do the right thing.
Thank you for listening to me. (applause)
.Chairman Plummer:, Thank you. The second student _Herewego..Let us have your name.
Ms. Michelle Russell: Michelle Russell. -
Chairman Plummer OK. Speak -real loud.
Ms. Russell: Hello. 1 am Michelle Russell from Miami Shores Elementary School. I would like to say
thank you for letting the archeologist have a little more time to work on the Miami Circle. In the future, I
hope you will give them even more time. We have lots of articles in our classroom. about the Miami Circle.
We all hope to learn even more about the Miami Circle in the future. Today we are going to visit the Circle
to see what it looks like for real. It will be fun. Thank you (applause) ,.Ai
Chairman Plummer,. And speaker number three. And, let us have your name.—.
Mr. Nelson .Adams: Nelson Adams.: Good morning, Mayor and Commissioners. My name is Nelson
Adams and I live in Miami Shores, Florida. I am here because I am part Indian and I am concerned about
what will happen to the Circle..:Irm concerned because there might more artifacts there. This could be really
important to history.. - You should save it because we need time to study it and find out more about these
ancient people. This is a very exciting discovery about an Indian tribe and their Circle. Please save the
Circle, please. ;• ,
Chairman Plummer: Very good. (applause) Speaker number four. - We have speaker number four.
Ms. Smith: Excuse me, Commissioner Plummer. At this point, we're going to do.a little. song and then we
will have speakers four, five and six. -
Chairman Plummer: Oh, I only have four. OK.. Somebody snuck in five and six. All right. Let's hear the
tune.
[At this point, the children of Miami Shores Elementary and Miami Country. Day Schools sang from the
audience.] [applause] . -
Chairman Plummer: Very nice.
Vice Chairman Gort: You know, you could record that and sell it and...
Commissioner Sanchez: Yeah, that could be a number one song.
Chairman Plummer. Yeah. Have enough money to buy the Circle.
Vice Chairman Gort: And the revenues could go through that.
Commissioner Sanchez: We could raise... .:
Chairman Plummer: OK. Speaker number four. He's standing up there at the podium. All right.
7 February 9, 1999
Mr. Andrew Fuller. Dear Mayor and Commissioners.: °
Chairman Plummer: Wait, wait. Give us your name.
Mr. Fuller: My name is Andrew Fuller from Miami Country Day School. Dear Mayor and Commissioners:
I believe that saving history is very meaningful. It tells us all about our past, how we lived; who lived here,
and shows us who were the first people in Miami. I don't know who the Indians were. If you keep the dig
open, I'm positively sure that some day we will know: The people of Miami care and so do I. My idea for
saving the historical Miami Circle is to build a small building around the archeological circle. The
developer could charge admission for you to enter the building. People would be attracted to the sensational
site of a significant.piece of Miami's history.- Millions of people would learn from this important site.
People would go to the library and read about the Tequesta Indians, and then they would go to the dig and
. . see everything they saw in the book.. They would be seeing. real, meaningful, archeological, sensational,
significant, important, genuine history.. (applause).
Chairman Plummer. Very good. What grade is he in? Speaker number fiver
Ms. Dana Odwazny: My name is... _ - _ ...
Chairman Plummer: Give us your name, please. ; j i._•.•.� ..::�:,:,.
Ms. Odwazny: My name is Dana Odwazny from Miami Country Day School. I am herewith a plea to save
the Miami Circle. As you know, the Circle may be a link between Mayan civilization and the time we live
in today. As an active citizen and a student, I believe we should spend more time studying and preserving
our heir place of the past. I do not think it is right to build on a site without allowing the archeologists a
chance to excavate and study it completely. I visited the site with my family but, as we left and passed the
Brickell Avenue bridge, I saw in my view the beautiful statue of the Indian. How ironic, I thought, that
people would place the statue of an Indian here, but still wonder why they should destroy an important link
between the two times that may very well tell us if the Mayans lived here. It took many years to decipher
for hieroglyphic. It may take a long time to find out exactly how this stone circle was used. Please, work on
passing laws so that our City can save irreplaceable historical works like this Circle. Thank you (applause).
Chairman Plummer: Thank you. And the last speaker.
Ms. Jessica Hildebrandt: Hello. My name is...
Ms. Ann Sterling: Sony, sir. We've got one more, and then we have a song. OK.
Chairman Plummer: Where are we?
Ms. Sterling: Right here.
Chairman Plummer: Hello? I can't see over there. OK. Give us your name, please.
Ms. Hildebrandt: Jessica Hildebrandt.
Vice Chairman Gort: The back of the TV ... in the cameras. They're very nice.
Ms. Sterling: Go ahead.. Go ahead. , .. .. C
8 February 9, 1999
;x.s-;,.T _,s•, .t,F+ 7s�.�*r.ie' ',ice t. _ _,.�.:"�xo
Ms. Hildebrandt: Dear Mayor and Commissioners.: My name is Jessica Hildebrandt.-' I am from Miami
Country Day School and in the second grade. If it wasn't for archeologists, no one would know about
ancient Egypt. If it wasn't for Howard Carter, we wouldn't know about Tutankh-amen. Today archeologists
are studying Indian Stone Circle found in Downtown Miami. This is important because it is part of nature
. - and history.and it' is,part•of me. It -is part of Miami, Florida and the world and the earth. And it sounds •very
interesting to me.t(Applause)-ti--,
zn:,,vl } Iiiir ikl :::: �i N', i :fie. I . ,. _ i 'if:• .
Chairman Plummer-, We have one more speaker.7. We have -one more speaker. Mr. Marks' son wants to us
to — well, where is he? ... „ _ - r ;..:..: _ f,! _ �!d w
✓� .auC,.. �., ._r:
Mr. Leon Pierre:. Hello. My .name is Leon -Pierre and rm representing Miami, Shores Elementary School. I
ask that you give: the archeologists. more time on the -dig becausd: we could learn more about, our past and
-they.,could find more information: If we can give them more tuna, they can find more artifacts: a Thank you.
(applause) =tfr;;t; .-i.�tigsrri .ifr :.,h sup z
Chairman Plummer. All right.�The last,speaker.is Mr. Marks,- He prdmisdd-to:be brietom1w1Z ni-artiel'a
Mr. Hunter Marks: Good morning, Commissioners. My name is Hunter Marks. -,.Earn. in--the<third'grade I
go to Coconut Grove. I think the Miami Circle should be made into a national park. They should uncover
and keep it uncovered. They shouldn't make it a building because that,would ruin'what the native -people
made. What's more important — no, I don't..
�7r:. s ,. i_';a Y:e � •C-!.::#:' _ v --l".'i�' Grr .$i4,1 C :�4t:fii ' :YS•i7M4 bO'.ais`
Chairman Plummer:: OK. Very.good. -7Mr. Manager, I would hope that _ excuse me. Mr. Manager; tliat
you would make a video copy, one for -Miami Shores and one for Miami Day — the other school, all right; so
that they would have it for their school.:-rd ask now, BJ., to do a•wrap up and then I have a resolution to
offer.
Ms. Smith: Yes. Just before very short wrap up, we have•one more song:
Chairman Plummer: rll shoot Ann Sterling. <� :i .. F s r • .
Mayor Carollo: Good.
Vice Chairman Gort: You picked up your check.
Mayor Carollo: Go ahead.
SPEAKER: Good morning and thank you for having us.
SPEAKER: We are the Miami Country Day School.
SPEAKER: We all share the privilege and responsibility of preserving a legacy of Miami's heritage.
SPEAKER: Our Miami River song shows the importance of those who came before'us and those who
founded our magic city. ��: � �',�... ,:_.ir��i x ,actci�i�fii: ;JA
SPEAKER: Thank you for your time and attention.
[At this time, the children of Miami Shore Elementary and Miami- Day Country 'Schools •sang from -
9 February 9, 1999
audience.] [applause]
Chairman Plummer: Very nice. Very nice. OK. Mrs. Smith, if you'll wrap it up, please.
Ms. Smith: Thank you, Commissioner Plummer, Mayor Carollo and the whole Commission, and thank you
to the students of Miami Shores Elementary and Miami Country Day School. Toward the end of President
Clinton's recent State of the Union Address, he said that American communities should work to preserve
their history. Students are an important part of every American community. It is important for them to
know that their voices can and are being heard. Thank you very much.
Chairman Plummer: Thank you. (applause). Mr. Mayor, I have a resolution. One of the problems that
happened here is the time frame, the time element. And one of the things that good thinking brought about
was the possibility of asking the State Legislature to come statewide and to put a process so that, in the
future, that any of these matters that would be brought out and be evident, would have a time frame in which
to absolutely go in, do their studies, and make their determinations. With that in mind, I offer the following
resolution: A resolution. of the City of. Miami. Commission urging the Florida Legislature to adopt
legislation, which would authorize a temporary suspension of activity, to allow a State or County
archeologists sufficient time to evaluate, analyze, document'and, if deemed appropriate, acquire, recover,
excavate, or maintain an archeological finding. When such a find has been revealed about, in or on a
property during evacuation,' construction or after storm events; and "proceed with` the development project
may negatively impact the future value and preservation of said finding. � Further dii+ecting the City Clerk to
transmit a copy of this resolution to the herein designated officials. Mr. Mayor, I move.
Mayor Carollo: There's a motion by Commissioner Plummer.
Commissioner Sanchez: Second, r
Chairman Plummer: Seconded by Commissioner Sanchez.
Mayor Carollo: All in favor, signify by saying "aye."
Commissioner Regalado: Mr. Mayor, if I may. 'I would like to amend this resolution. It's — I think, J.L., its
very important what you're doing but it doesn't solve the problem that we have now. And 1 would ask to be
included in the resolution, if the Commission deems logical, the fact that history is not responsibility nor
property of a city or county but of mankind, so I would like to add — to call on the Department of Interior,
the Department of State of the State of Florida Cultural Affairs and Smithsonian Institute to try to work with
the developer. The developer have been very patient but I think that the people of Miami, especially the
children, deserve to visit the site before it moves. Whether they're going to move it, whether they're going to
keep it there, it's important that the children see the habitat that the Tequesta Indian had when they lived
here in Miami. So, I would request to communicate with the developer to arrange trips in the next few days
from different schools of Miami -Dade County and the City of Miami and see the site, probably with a tour
guide from the County or the State of Florida.
Mayor Carollo: That should be a second — separate resolution.
Chairman Plummer: Well, but — excuse me. We're getting the cart in front of the horse again. They are
leaving here, is my understanding, and they are going there immediately following this presentation here.
Mr. Regalado, I have no problem with your amendment but I think we should do it in two separate motions.
Commissioner Regalado: Absolutely.
10 February 9,1999
NO i� X_Wim 1 00-
Chairman Plummer. OK.
Commissioner Regalado: I would do it - I don't have any problem, Mr. Chairman. Its just that I think that
- and this is what we requested the last Commission meeting, a little more time. -I really think that the
Department of Interior of the United States, -the Smithsonian Institute - we have a delegation from the
Smithsonian coming, I think, here - should get involved, and I think that the children do deserve to see the
site as it was when the Indians were here. - -.',n:-.
Chairman Plummer. All right. On the first resolution, offered by myself, all in favor, say "aye. -
The Commission (Collectively): Aye.- 7
Chairman Plummer. And opposition? None. Show unanimous ballot imfi
WV!,
The followingtresolution was introduced by -Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-90,
-A RESOLUTION -OF .THE- MIAMI CITY COMMISSION, URGING
THE FLORIDA LEGISLATURE TO ADOPT LEGISLAT70N WHICH
SHALL AUTHORIZE A TEMPORARY SUSPENSION OF ACTIVITY ,,'T,-,......_
TO ALLOW STATE OR COUNTY ARCHEOLOGISTS SUFFICIENT
TIME TO EVALUATE, ANALYZE, DOCUMENT, AND IF DEEMED,--,
APPROPRIATE, ACQUIRE, RECOVER, EXCAVATE AND
MAINTAIN AN ARCHEOLOGICAL FINDING ("FINDING-), WHEN
SUCH A FINDING HAS BEEN REVEALED ABOUT, IN, OR ON A
PROPERTY DURING EXCAVATION, CONSTRUCTION, OR
AFTER STORM EVENTS, AND THAT TO PROCEED WITH THE
DEVELOPMENT PROJECT MAY NEGATIVELY IMPACT THE
FUTURE VALUE AND PRESERVATION OF SAID FINDING;
FURTHER DIRECTING THE CITY CLERK. TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE HEREIN DESIGNATED
OFFICIALS.
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 Gortt,
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Now, you wish to make a motion?
I I
February 9, 1999
Commissioner Regalado: Yes. The motion is to by to get the developer to wait to do anymore construction
on that specific site, so children from different schools can visit the place and communicate with the
Department of Interior of the United States, the Department of the State of the State of Florida.
Chairman Plummer: Is there a second? .
Commissioner Regalado: And the Smithsonian Institute, to see if the developer can get help from the
federal, state government in order to preserve at that site this Miami Circle.
Chairman Plummer: Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes. As long as we make sure that the motion is based on a
request to the developer, that they contact and meet with the respective agencies that you mentioned, then
that would be an appropriate motion.
Commissioner Regalado: Yeah, but...
Chairman Plummer. Is there a second to the motion?
Commissioner Teele: Second.
Chairman Plummer: There is second to the motion. Let me say that the contact that we have had with the
developer, he has, in my opinion, bent over backwards to try to accommodate.- He continues to do that.
And I think that the site is now preserved until the 26th of February without any further delay. So, the
second motion by Commissioner Regalado. All in favor, say "aye." .
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following motion was introduced by Commissioner Regalado, who moved its
adoption:
MOTION NO.99-91
A MOTION REQUESTING THE DEVELOPER OF THE BRICKELL
POINT DEVELOPMENT SITE, (401 BRICKELL AVENUE) TO TRY
TO DELAY ANY AND ALL CONSTRUCTION ON THE "MIAMI
CIRCLE" SITE IN ORDER THAT STUDENTS FROM DIFFERENT
SCHOOLS CAN BE ALLOWED THE OPPORTUNITY TO VISIT
SAME; FURTHER AUTHORIZING AND DIRECTING THE CITY
MANAGER TO COORDINATE AND REQUEST OF THE
DEVELOPER TO MEET WITH THOSE AFFECTED AGENCIES
(INCLUDING THE UNITED STATES DEPARTMENT OF
INTERIOR, FLORIDA DEPARTMENT OF CULTURAL AFFAIRS,
THE SMITHSONIAN INSTITUTE, ET CETERA) FOR THE
PURPOSE OF ASCERTAINING WHETHER THE DEVELOPER CAN
GET HELP FROM FEDERAL/STATE GOVERNMENTS(S) IN
ORDER TO PRESENT THE "MIAMI CIRCLE" ARCHEOLOGICAL
FINDING AT THE CURRENT LOCATION.
12 February 9, 1999
Upon being seconded by- Commissioner Teele, the motion was pas§ed'and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
r . Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort =r =
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT:. ,None.
Chairman Plummer. Mr. Mayor, you have a certificate you wish to present?
Mayor Carollo: We do.
i'f7s}Pt�a: .,.1. � j'.•°�.°1•:.? � `i*'7!t :. ."•'+r.*i ,:�' . ::f' •
Chairman Plummer. We do. I think it — B.J., you want to come up here, please?
Mayor Carollo: All of us. Well, if we could do it a little different, B.J.
Chairman Plummer: All right:.rr
Mayor Carollo: I think that, not only you deserve to be .thanked by this Commission and ' this City for the
efforts that you have lead together with some of the other teachers that are here, but, most of all, the children
that are here. Now, you guys were the first that started writing to us, that started bringing the Circle to the
forefront and, you know, because of your hard work in writing those letters, your hard work in practicing for
the songs that, you know, we heard today, that we enjoyed very much, you really lead the Way .in'making a
lot of people aware of the circle. So, what we're going to do, if your teachers allowed us, we're all going to
go up here in the front and we're going to take a picture with the certificate that's for all of you, OK? So,
let's see if we could do it then. (applause)
Chairman Plummer: Bye-bye. OK. We would ask all of you to exit quietly. Ha, ha, ha. Have a good day.
14. BRIEF COMMENTS IN CONNECTION WITH PAY PHONES — DISCUSSION ITEM.
Chairman Plummer: All right. Ladies and gentlemen, if I could — ladies and gentlemen, please! There is a
remote possibility, if we proceed through this, we might get out of here by noon. All right.
Commissioner Teele: Mr. Chairman?
Commissioner Regalado: J.L., one ofee items..:
Chairman Plummer. Is scheduled for two o'clock.
Commissioner Regalado: Yeah, yeah, but I know. But one of the' discussion items will be the paid
telephones, and I understand that the people from either Bell South and the other people are coming after
two, so I don't know if we can...
13 February 9, 1999
0
Chairman Plummer: Well, I'm sorry for them. They could come back at the next meeting because its
scheduled in the morning and if we can get out of here this afternoon, that's not an item that is an
emergency, life or death.
S. (A) CONTINUE DISCUSSION ON POSSIBLE HISTORIC DESIGNATION OF MIAMI CIRCLE —
REQUEST ADMINISTRATION TO OBTAIN IN WRITING FROM STATE OF FLORIDA THEIR
FINDINGS' DESIGNATION IN CONNECTION WITH MIAMI CIRCLE. — DIRECT CITY
ATTORNEY TO STUDY CHAPTER 23.OF CODE: DEMOLITION OF HISTORIC BUILDINGS —
SEE LABEL 3.
(B) POSSIBLE SPECIAL MEETING IN CONNECTION WITH MIAMI CIRCLE TO BE
SCHEDULED LATER IN MEETING.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. — King Arthur.
Commissioner Teele: Mr. Chairman, as you move forward with the Circle item — as I indicated before, you
know, I want to weigh in on this issue and I understand •your need to move this Commission meeting
forward. I would like to know again, does the City have the power to determine that the Circle is a historic
site? :
Mr. Alejandro Vilarello (City Attorney): rm sorry, Commissioner?
Commissioner Teele: Does the City have the power to determine that the Circle is a historic site?
Mr. Vilarello: No, the City does not have that power.
Commissioner Teele: Who has the power? Wait a minute now. I'd ask you to research that issue because
that's not my understanding. That's not my understanding, Mr. Attorney. Both under Federal law and under
State law, it's my understanding that this jurisdiction has the authority to determine, based upon confident
evidence...
Mr. Vilarello: Ms. Eaton can respond to that.
Ms. Sarah Eaton: The area of the Miami Circle, including both banks of the Miami River and the area along
Biscayne Bay, is south of the Miami River, have already been designated as archeological conservation
areas under Chapter 23 of the City Code. So, all of the existing provisions requiring archeological
mitigation, surveying has been done pursuant to Chapter 23. -
Commissioner Teele: OK. So, my question is, does the City — is there such a legal designation as a historic
site?
Ms. Eaton: Yes, there is an archeological zone or archeological site designation but the property is already
subject to the same requirements of that designation by virtue of the fact that it is an archeological
conservation area. So, the requirements would be no stronger if it were designated 'as an archeological site
than what currently exist today.
Commissioner Teele: Let me ask the question one more time.
14 February 9, 1999
Chairman Plummer. Simply.
Commissioner Teele: I know where Pm going. Does the City have the power and the authority to designate
the site, based upon the competent evidence and the evidence that has been gleaned, without regard to the
children's songs but to the competent evidence, do we have the authority to determine the Circle to be a
v historic
Mr. Joel I- Maxwell (Assistant City -Attorney):: The answer is yes to that - We can designate properties
anywhere -in the City of Miami as historic sites, if we go through -the correct procedures for doing so.
Commissioner Teele: All right. Then, Mr._ Attorney, would, you. draft for me a resolution that can be
presented today, designating...,• -
Mr. Maxwell: No, sir, that cannot be done in one day lice that. That es gorough:a zoning process.,. It
couldn't be done on an emergency basis today, I don't believe. y .
Commissioner Teele: That has to go through Zoning?
Mr. Maxwell: JNo. Pm saying, I don't believe�. :..:; �::.. .: .. , :, �.., •�ir.-� - -:�-- <<,,':_�:�:. _
we could do that on an emergency basis..l,;
ac.5, :.,. ,,•r}�` :' .+v`.• •':•tip ::,::'" �1't9tiA Li: "`.`4i1 �t;ar-`.•k' 3 Ti il
Commissioner Teele: All right Then, Mr. Chairman, I would request that the Commission convene•a
special meeting, pursuant to the Attorney and the Staffs determinations of the procedures, because one of
the things that Commissioner Regalado has suggested, and I fully agree with him, but I think,it's- important
that we, at the City, begin to do our work properly and we build a predicate. .:The designation of that site as
a historic site has certain federal connotations and certain connotations. I think we all know there are
separate Federal, Interior and HUD (Housing and Urban Development) rules relating to historic sites and
funds can only be released for those sites from those sources, unless and until it has been designated as a
historic site. And, so, I would ask, Mr. Attorney, — Mr. Manager — Mr. Chairman, if you would convene, at
the appropriate time, a Special Commission meeting to have a finding of fact — a presentation and a finding
of fact and -a designation if the site rises to being a historic site. I think we can do no less than, at least,
recognize that this Commission, which speaks for the citizens of Miami, is designated and recognizing this
site as a historic site, and that's my only question. Mr. Attorney.
Chairman Plummer: OK.
Mr. Maxwell: Commissioner, Mr. Chairman. If I may, I think it would be helpful if you will allow Ms.
Eaton, Preservation Officer, just to point out a couple of things. One, the effect of the, designation, if any,
different than that that comes along with the archeological designation, and the fact that this Commission,
under the revised rules that you adopted not too long ago, places designation in the hands of the HEP
(Historic & Environmental Preservation) Board and not in this City Commission.. She may want to
enlighten us on that.
Chairman Plummer: Ms. Eaton.
Ms. Eaton: If — Commissioner Teele, if the intent is.to qualify the site for Community Development funds...
Commissioner Teele: No, not necessarily.
Ms. Eaton: OK. But if the site has already been designated, pursuant to the comprehensive plan and
Chapter 23 of the City Code as an archeological conservation area, so it is subject to all of the requirements.
15 February 9, 1999
...r
If we were to further designate it as an archeological site, the requirements would not change. There
wouldn't be any stronger protection. The only way that there could be stronger protection in the future is to
amend Chapter 23 of the City Code.
Commissioner Regalado: Excuse me. Do you mean, then, that if tomorrow they find another area of
importance, it would happen the same thing, that zoning will just go ahead and give the permits and nothing
would happen? Is that what you're saying? Is that-- because what Commissioner Teele is trying to do is
trying to focus the attention on that area specifically, and I think that that's the intent of what I suggested. I
was going to ask the Manager to see when and how they will communicate with the Department of Interior,
with the Department of the State of the State of Florida, with the developer since, according to the
Chairman, we only have until the 26th of February...
Chairman Plummer. Mr. Gort?
Commissioner Regalado: ... to do this.
Vice Chairman Gort: I think it's very important to maintain the Circle but, at the same time, we have to
consider whose liability it's going to be and whose responsibility it's going to be? Because, let's face it,
people, when you look at the City of Miami, because of the expansion to the suburbs has been at the
expense of the City of Miami. I-95 destroyed some of our best neighborhoods; 112 destroyed 36th Street,
Allapattah; the 836 destroyed — and that's for the convenience of the people to the suburbs.' I think an
archeologist find like that is very important but I want to make sure that the City of Miami does not have the
liability and the citizens of this City of Miami would not have to pay for this.- So, whenever you make your
considerations, I want you to look at the liability because I want to make sure that our citizens don't have to
pay for that. Because if it's for the benefit of the whole world, I want the whole world to pay for it.
Mr. Maxwell: Commissioner? Mr. Chairman?
Chairman Plummer: Mr. City Attorney.
Mr. Maxwell: If I may? We are very cognizant of that, as you well know, and that's what lead to the legal
opinion that the City Attorney issued a couple of weeks ago. And, as we ponder and consider the directions
of the City Commission, Commissioner Teele's motion, we will take into consideration those liabilities, and
we are very concerned about the implications of any action that this Commission may take along those lines.
Chairman Plummer: Mr. City Attorney, let me ask a simple question and, hopefully, get a simple answer.
Is there anything this Commission can do to preserve the Circle? Yes or no?
Mr. Maxwell: Well, when you say preserve, sir...
Chairman Plummer: In other words, is there anything this Commission can do to say that this Circle stays,
besides the City trying to buy the property, which is out of the question? -
Commissioner Sanchez: Mr. Chairman?
Mr. Maxwell: Nothing that we're aware of, sir.
Chairman Plummer: OK. That, I think, is what Commissioner Teele was trying to come about. Has this
Commission done everything within its power of what it had to try to accomplish that? Now...
16 February 9, 1999
Mr. Maxwell: We're of the opinion that you have at this point.
Chairman Plummer. OK.
Commissioner Sanchez Mr. Chairman?, cs:
.. •' i _ -.if._---- -.. : ,._. ...• ��..: - ,...• --rta?:'.ill= ... 'df-"; t�: _ - •. -. _ -
Chairman -Plummer. Now, I think where the real thing is, is that you speak of Chapter 23? ;
Ms. Eaton: -Yes.
Chairman Plummer: That's what needs to be reviewed and possibly to track the language that's in the
demolition of historic buildings. Where there is a six month time frame that is — am I correct on that?
Ms. Eaton: Yes.
Chairman Plummer. That we, the City, have the right to invoke that six months to stop them from
demolition.
• _ ,. ._.. .•r'"` ..-:1�';tf L. e: p, _-_i iiE. ;ii:!
Mr. Maxwell: Please..
Commissioner Sanchez: Mr. Chairman? ' .. "�:j7: • +. _ :;;-�;: ". ac•� :z•,._�
Mr. Maxwell:. I would suggest that you don't want to have those kind of conversations regarding this
property. -
Chairman Plummer: I didn't say a word.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: All right, Mr. Sanchez.
Commissioner Sanchez: Without a doubt, this is a very sensitive issue, but rll tell, you. what we can't allow
to do and it's happening, whether we agree on it or not. We can't -allow to be trapped in a political and
geographical feud with this Circle, and it's happening. I believe everybody's acting in good faith, not has the
developer, the City and everyone. But I think, if we do send a clear message here today, is that we should
keep that Circle in the City of Miami.• Whether. its moved or not, I don't know what's going to happen —
right at this moment but if it does — if it is preserved and moved anywhere, it needs to stay in the City -of
Miami.
Chairman Plummer: Thank you, sir. We're now on the Consent Agenda.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: You know, I just want to go back to one point -
Chairman Plummer:_ Surely, sir.
Commissioner Teele: I think, when the history of this City is on this issue is written, I would like to know
17 February 9, 1999 . ,
that we did all that we could... .
Chairman Plummer. That's what I asked.
Commissioner Teele: ...to designate and to be certain that we have availed ourselves. Commissioner
Regalado has proposed a very thoughtful resolution, but rm telling you — and Miss Eaton asked the question
and I'll respond to her. To get any Department of Interior funds or get HUD funds, there must be a finding
and designation by the jurisdictions competent, and what rm suggesting to you is this. I understand your
rules and the City's rules. rm talking now about Federal rules. And this site — and I think, with all due
respect to everything that we've said and done, this site, we should not adjourn as a City Commission and
not designate this site as a historic site. Now, that may sound basic: It may sound elementary. But we
haven't done all that we can do because, at the end of the day, if there's ever going to be Federal funds, I
would hate for the County, again, to have to come in and make this designation, which they could do, as
being of Metropolitan significance. They could stay and find that this site is a historic site. I would just not
like for the record to be replete — to be complete, unless and until the City of Miami has, at least, designated
the site as a historic site. Whether it preserves it; whether it bull doze it; whether it goes to Coral Gables,
Fairchild. I believe those are things that, you know, I don't know that I have the authority or the ability to
control but, as a City Commissioner, I think we are our designated deligatee = whoever we've delegated it
to, should be required to have a hearing and determine whether or not this site is a historic site or not.
Ms. Eaton: Commissioner, if I may. I believe that that finding has already been made by virtue of the fact
that that site, as well as the others, have been identified in the comprehensive plan as an archeological
conservation area meriting protection. That designation has then been incorporated into the City's Historic
Preservation Ordinance. So, by virtue of it having been designated under the Comprehensive Plan as
historic, I believe that finding has been made.
Commissioner Regalado: Excuse me.
Commissioner Teele: I've got to tell you this, Commissioners. If we have made the highest possible
designation and the building and the permits and everything got issued anyway, then we really are in bad
shape. I mean...
Chairman Plummer: That's why I think that Chapter 23 is the answer to the future. As I have asked a
simple question and got a simple answer, we are being told again that this City Commission has no power to
do anything else, other than what we have done. And I think the revisions in Chapter 23 need to be revisited
and possibly restructured.
Ms. Eaton: We're in the process of preparing an amendment.
Commissioner Regalado: OK.
Commissioner Regalado: But, if I may, J.L. I just want to ask the question that I did to the administration.
When, how are we going to communicate with the Department of the State of the state of Florida, the
developer and the Department of Interior of the United States? Commissioner Teele is right when he's
saying that we have to designate that site as specifically. Because on the budget of the Department of
Interior, there are line items that are earmarked for a special project. It could be a hundred millions or a
hundred thousand dollars ($100,000). If you look at the budget of the Department of the Interior, you will
see different sites throughout the United States getting grants and funds and this is what rm talking about.
They can — the developer can use that money to accommodate probably a new plan, a new structure, or
whatever. I'm telling you that, if we don't do that specifically, we will not get funds from the Federal
is February 9, 1999
government. That's what I think. And the Commission have neglected to do that, since the other day that
we were told that we can't do anything, not even talk to the developer. I think that still we can do a lot. We
have until the 26th of February and we need to get in touch with those departments. But, first, designate
that area as historic.
Chairman Plummer. All right:.'+,. .f `+.�i'i' �s
1i •.. "'. .r„'3•t -- r:.71.'ii:kjr.,i -. - - - ..
Mr. Maxwell: It's important that you-.,.'..r
7
. .a.. �� t_i3� r"•'�}fr' '�i, _:•i - - -
Chairman Plummer.._ I can tell -you'. that . I" had the City Attorney- call --the -Secretary of State after
Commissioner Teele's remarks and inform •them and ask them if there was anything that they could do to get
involved and the answer was no: ,-n-3601 ....: tt�_;
. _ . .•,7<. S'. _. '?: �:•3• :�'Si! a -Ai this l•1. �I%. :yid ;i-iC,
Mr. Vilarello: The short answer is no: ns ..J: S<-w"3*Y .i+s3 v:i:• f .Jw=€i$.7��.'37�!1 •"f:: ,{,'� 'C . } P :.' f;:r _'
.. !'.::+: Ti: .'J: t"r` .�f i err _' ?t - .. i:. fl e: ?D t.� ,�:J M•s` t.: }.. '... �. ....�. ,
Chairman Plummer., The short answer is no.' -.a_ ,4 Ii �`t`L6 n!_L
I -
.3 IFO � .'ii , 3:�f+' - -r•' .:� ' Ga- S t':!' f'. i� 1 .i ; .�i•t i" �` iif`.
Mr. Maxwell: Chairman? Mn, Chhairman?': a *-;r t ., Uttr+ _al'
Chairman Plummer. All right. Come on now. p
.r - - -_ .,. -��::- .. .- •,` :j '• _-., ,_�.:41 :`� � ?S+r•, ,tea' •.,��;5;:.. :�.. �J Mr -Maxwell: Just one quick statement:: _ : w,ri 'f. <ri r.` . l:. �; _ - «;•%i �: ,
ffst�l .,t,J;• ::l:l-�:�"r'�"•4 .-.,`�tr3;F..r':9,'
Chairman Plummer: You know, we're, beating a dead horse. We've asked the question simply; is there
anything we can do? ..;., :..1: ,;ai" '.. 3 ai J J�•.. .
Commissioner Teele: It's a thousand years dead and that's why we need to stay on-it'long enough. I mean, it
is dead.
Chairman Plummer: Well, if there's anything that this Commission can do..:.-: '
Commissioner Teele: But, J.L., the only thing I'm asking is that each Commissioner be...
Chairman Plummer: I understand what you're asking. I understand what you're trying to accomplish.
Vice Chairman Gort: Make a motion that we go through the process it — what's the procedure to get it
declared historical site? I understand what you're saying.
- ' . _.•{ _. .r - . • - - .. ;I- .�,
Commissioner Regalado: Could we get in writing a memo from the City Attorney saying that the
Department of State of the State of Florida said no to the City of Miami. I don't know whafs'the question.
What was the question?
Mr. Maxwell:. No, no. We specifically asked them and in the legal opinion that was written, theme's'a
specific reference to the Department of State, -Division of Archeological — whatever it's called there where
we specifically said —and I —let me find that paragraph for you.
-' - ., .s:. it.: �,. - ii3:.�� _,�°- eat; a.3is .. s:•,�i:� ,. ,
Chairman Plummer: It's already been done.
Mr. Maxwell: Yes. The Florida Historical Preservation Act, Section '26701'1 citing Florida Statutes 1997
and endowed the Division of Historical Resources of -the Florida Department of State• with authofity to
• . 19 '' ° February 9, 1999
regulate archeological sites. Jim Miller, Chief of Archeological Resources said the "Division has verbally
informed his office that the State is aware of this matter and upon review concluded that they did not have a
basis for intervention in the Brickell Plan."
Chairman Plummer: Amen. Furnish each member of the Commission a copy of that.
Mr. Maxwell: You were given a copy, sir..
Commissioner Regalado: But that doesn't have to do anything with grants.
Chairman Plummer. I understand. You have instructed the Manager to contact the people that you have
outlined, asking them to see if there's anything that can be done to intercede. Now, other than that, I don't
know of anything else that we can do here. If somebody has an idea, then, you know, fine. But I think we
need to move on.
16. CONSENT AGENDA
Chairman Plummer: OK — We We have a Consent Agenda and there are four items on the Consent Agenda. Is
there anyone of the Commission who wish to pull any of the four items? Hearing none, is any member of
the public wishing to speak on any of the four items of the Consent Agenda? Mr. Manager, I only ask one
thing and that is on the Mahi Shrine, that the flea market not be allowed to sell fish. It has created problems
before. q
Mr. Donald Warshaw (City Manager): It's in there, Commissioner.
Chairman Plummer: Let the record reflect that no one came forth to, in fact, object to the Consent Agenda.
There is a motion in order. There is a motion in order.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded...
Commissioner Regalado: Second.
Chairman Plummer: ...by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER
FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION
AND/OR CLARIFICATION WILL BE AUTOMATICLALY
DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE
NEXT AVAILABLE AGENDA.
;_ c�a�..: ti--,, "i. _. .., t _c.t..._- - - ,"-wyR'-�R T'�•R:..' �:insl,. .- :_ - - _ - -. _ `��•`�P"-.�A7 ..
" •. - i I. ., i.`t ..! — _. .. I '�.i* r- . -{�: .� .lr a.f .i:{! .�0. r. Ine act'.. _ - - --..
. . THEREUPON MOTION. DULY MADE " BY VICE CHAIRMAN GORT .
AND SECONDED BY COMMISSIONER:7-iREGALAW , THE_
CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING
VOTE: 3
AYES: Vice Chairman Wifirdo Gort
Commissioner Tomas Regalado
C Commissioner Joe Sanchez,-.,;!
Commissioner Arthur E. Teele, Jr.
Chairman.J:L- Plummer;
/Jr.
- .. .,_ .�/, y , -- •. .. r .. J! . ,1.. �'VJ ILfJ.� .%,• r�lS t!•.�.••t-1 i!4 lM w• 3. Yw_ y.�r it�f[ i�il: .. -' -
NAYS:, ; % } rir�:�. F ;;; None::
• - ... s.t• y , tin -. _ ...
ABSENT: None.
Chairman Plummer Let the record reflect thaftliei+e`are ho vetoes to ovemde; on the Mayor's behalf.—j W`
i —I* !"� r r.ir sr• .w..s..,' t r a--rK :.•fl- W-1 -"•.CY. K'f :':4i nC."Ir".G;;'i"�
6.1 ACCEPT BID OF CDH HOLDING, LTD.; INC„ D/B/A/ AMERICAN. MILLS. SAFETY SUPPLY —
FOR PURCHASES.,;OF-TRELLBORG'SrJRELLCHEM CHEMICAL, s PROTECTIVE, ISUrB-1-u4 FOR
DEPARTMENT OF, FIRE -RESCUE; AT A TOTAL COST. NO..T.;TO-EXCEED 36,000;=:AL:LOCATE
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUN ,-.CODE
NO.289401.6.850, FUNDED BY THE FIRE ASSESSMENT.
RESOLUTION NO.99-92
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING-XHE BID OF CDH HOLDING
LTD., INC., DB/A AMERICAN MILLS SAFETY SUPPLY, FOR THE PURCHASE OF TRELLBORG'S
TRELLCHEM CHEMICAL PROTECTIVE SUITS, FOR THE DEPARTMENT OF FIRE- RESCUE, AT
A TOTAL COST NOT TO EXCEED $6,000.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.850, FUNDED BY THE
FIRE ASSESSMENT.
6.2 ACCEPT BID OF KNOWLES ANIMAL CLINIC, (NON-MINORITY/LOCAL VENDOR, 1000
N.W. 27TH AVENUE, MIAMI, FLORIDA) FOR THE PROVISION OF VETERINARY SERVICES
FOR POLICE K-9 DOGS, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE YEAR PERIODS, FOR THE DEPARTMENT OF
POLICE, AT AN ANNUAL AMOUNT NOT TO EXCEED $30,000; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 00 1000.290201.6.260.'
RESOLUTION NO.99-93
A RESOLUTION OF • THE MIAMI CITY COMMISSION ACCEPTING 'THE BID OF KNOWLES
ANIMAL CLINIC, FOR THE PROVISION OF VETERINARY • SERVICES FOR POLICE K-9 DOGS,
ON A CONTRACT BASIS FOR ONE (1) YEAR WIHT THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF POLICE, AT AN ANNUAL
AMOUNT NOT TO EXCEED $30,000.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00 1000.290201.6.260.
21 February 9, 1999
6.3 RELATING TO TEMPORARY SPECIAL EVENTS, AUTHORIZING FOR A PERIOD OF TIME
NOT TO EXCEED FOUR (4) CONSECUTIVE WEEKS, THE OPERATION OF A FLEA MARKET
BY C.C.A.L. CORPORATION AS , TEMPORARY SPECIAL EVENTS, AT 1480 NORTHWEST
NORTH RIVER DRIVE, MIAMI, FLORIDA (MAHI SHRINE PROPERTY); SAID AUTHORIZATION
CONTINGENT UPON THE ORGANIZER PROHIBITING THE SALE OR PREPARATION OF ANY
FISH PRODUCT AT EACH EVENT.
RESOLUTION NO.99-94
A RESOLUTION, WITH CONDITIONS, RELATING TO TEMPORARY SPECIAL EVENTS,
AUTHORIZING FOR A PERIOD OF I VIE NOT TO EXCEED FOUR (4) CONSECUTIVE WEEKS,
THE OPERATION- OF A FLEA MARKET BY C.C.A.L. CORPORATION AS . TEMPORARY SPECIAL
EVENTS, AT 1480 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA (MAW SHRINE
PROPERTY); SAID AUTHORIZATION CONTINGENT UPON THE ORGANIZER PROHIBITING
THE SALE OR PREPARATION OF ANY FISH PRODUCT AT EACH EVENT. _ .
6.4 RATIFY CITY MANAGER'S ACCEPTANCE OF DONATION FROM CENTER GROVE
HOMEOWNERS ASSOCIATION, IN THE AMOUNT OF $1,750, FOR THE DEMOLITION OF A
RESTROOM BUILDING IN BLANCHE PARK BY MIS CONSTRUCTION AND NU LIFE, INC. '
RESOLUTION NO.99-95
A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE CITY MANAGER'S
ACCEPTANCE OF A DONATION FROM THE CENTER GROVE HOMEOWNERS ASSOCIATION,
IN THE AMOUNT OF $1,750, FOR THE DEMOLITION OF A RESTROOM BUILDING IN BLANCHE
PARK BY MIS CONSTRUCTION AND NU LIFE, INC.; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID DONATION.
Chairman Plummer: The Mayor has asked — he will be leaving — that items, the following items, be held
until his return, 3134, and 37. We will now proceed with the regular agenda.
Commissioner Teele: Excuse me. What is your order of the day? Are you going to lead? I mean — if
you're saying we're not going to come back after noon, hopefully...
Chairman Plummer: No, we're going to have to now. I was hoping that we could avoid it but it doesn't look
like it now. We spent more time than anticipated. We'll still try.
Commissioner Sanchez: Well, let's go"
Chairman Plummer: I'm trying to answer Commissioner Teele's question.
Commissioner Teele: All right. What time is the Mayor going to be back? I mean, I don't want to...
Chairman Plummer: Mr. Mayor.
Commissioner Teele: At two o'clock?
22 February 9, 1999
2.1
Mayor Carollo: ].could be back hereby 1:30`
Chairman Plummer. OK: - So, well be reconvening at two. ► Ft;, : ; ; -
7. TEMPORARILY ?RESTRICTING . VEHICULAR ACCESS. - TO • . NE 55 TERRACE AT ITS
INTERSECTION WITH FEDERAL _HIGHWAY INJ THE CPIY'OF MIRK FLORIDA, SUBJECT TO
THE PROVISIONS CONTAINED HEREIN.
Chairman Plummer: All right. Item 2. Restricting vehicular access on Northeast 55th Terrace. Mr. Kay.
Mr. Jim Kay (Director, Public • Works):" Yes; sir..: This is a' public hearing item for the restriction of
vehicular access for a closure at Northeast 55th.Terrace at Federal Higliway..= The applicant in this case, a
Mr. Mark Soyka who owns properties on both sides of 55 Terrace, desires to vacate and close that stream by
plat. Howevet,-that process'is going to take sheto eight months tninimuinArlI r-KNI V 4
Chairman Plummer: He realizes he'll have to pay for it? =?''�! 'f�`h iO ;01 i �.F r a'
Mr.Kay: Yes, sir. ...e - —,� c' ti} 'i iF• `��:r�1Ei,,Frr:.3siS1 a+ a' �' -_
Chairman Plummer, Excuse me?
Mr. Kay: Yes, sir. ~_
Chairman Plummer: Oh, OK.. - -_ -
E ., s
Mr- Kay: So, he desires...
Chairman Plummer: All right. Is there anyone objecting to Item 2? Let the record reflect that no one came
forth to object. Moved by Gort. Seconded by Regalado. All in favor, say "aye." - -
The Commission (Collectively): Aye. -
Chairman Plummer: Any opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.. 99-96 . ,
A RESOLUTION, WITH ATTACHMENT, OF THE MIAMI CITY
COMMISSION TO TEMPORARILY RESTRICT.: VEHICULAR. : • • - ' -
ACCESS TO N.E. 55 TERRCE AT ITS INTERSECTION WITH
FEDERAL HIGHWAY IN . THE CITY OF-: MIAMI, FLORIDA, :. • .
SUBJECT TO THE PROVISIONS CONTAINED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed andr adopted '
by the following vote: ,
23 February 9, 1999
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: _ None.
8. DISCUSS PROPOSED FIRST READING ORDINANCE: REGULATING THE PLACEMENT OF
NEWSRACKS IN PUBLIC RIGHTS -OF -WAY IN THE CITY OF MIAMI BY REPEALING
EXISTING ARTICLE V19 OF CHAPTER 54 OF THE CITY CODE OF THE,CTTY OF MIAMI,
FLORIDA — DIRECT ADMINISTRATION IrO CONDUCT WORKSHOP IN CONNECTION WITH
NEWSPAPER RACK POLICY — FURTHER REQUESTING ESTABLISHMENT OF COMMITEE —
ALSO DIRECTING CITY MANAGER TO RETURN TO CITY COMMISSION IN SIXTY DAYS
WITH FINDINGS.
Chairman Plummer. News racks, I will ask — that's my item. Mr. Manager, what I would like to do is to
formulate a workshop of the people of the administration. Let me say to you that my hope and my desire is
that we can do no less than what the City of Coral Gables does with their newspaper racks, in which they
are able to regulate and make a decent -looking scenario and not forth thousand racks of all colors and sizes
and shapes. I would ask that you formulate, if necessary, a committee of each member of this Commission
to serve on that committee and to have the workshop, and I will, then, ask that you be back within 60 days
with your findings and your results.
Vice Chairman Gort: Also, would you make sure that you have part of the industry participate in that
workshop also?
Chairman Plummer: Oh, absolutely. )-
Mr. Jim Kay (Director, Public Works): Yes, we plan to. The workshop will include the...
Chairman Plummer: Absolutely. Mikki Canton has comments to make.
Ms. Mikki Canton: Thank you, Commissioner. Mr. Mayor, Commissioners. Mikki Canton with the law
firm of Holland and Knight, 701 Brickell Avenue, Miami, 33131. On behalf of "The Miami Herald" and
"El Nuevo Herald", counsel to same. Thank you very much for the opportunity to take this to workshop.
We appreciate the concerns that you have all been discussing for quite a while now. We will be very happy
to work with you on them. If possible, we would like to be included, notified of the workshop so that we can
work cooperatively. Thank you.
Chairman Plummer: Absolutely. All right.
24 February 9, 1999
- _ .. .' - . - .... - - _ .. _ • : -_ :-_.'_.... - .. _ - . - ._ ga.ae/ram . �Y•�•- _ -o ._�
• _ `lei
t`rra'3'$.fi+Eei�;�b�btczr-.. a•Se-_-..,•a+�•+'�:�+.^rr,,'•y+::: ^_:.5::. �_.^:E:- .," - "_-.. .- ,- -.. "_� -. � --- - - �
9. DEFER AGENDA ITEM 26 (PROPOSED -SUSPENSION'OF ELADIO ARMESTO-GARCIA FROM
CODE ENFORCEMENT BOARD) TO LATER DATE. • -
Commissioner Regalado: Mr. Chairman? Mi.-Chairman, if I may?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I'd like to pull Item 26 on the regular agenda, please. '
Chairman Plummer: -Twenty-six on'the regular agenda: Suspendingp' -=-all right.
' - _ - _ - ': � F�fx .. _ : __ - !'u ir-31'.•d t "�l,i"' . �� S' i,"`, l� �f� _y - 2�.:.�s-�'- - -
Vlce Chamman Gort:F Second. -C D c 1J. :.:ill �' A 1 k k>�J z ✓ 3 - 3i'•: ':_i -:l t ea ` .. .
Chairman Plummer: There's a motion and'a second to _, A ' r - j' ' suspend Item 26:�A11 in favor, say "aye." h
•` ..
H The Commission (Collectively)_Aye.
Chairman Plummer:: Any opposition? Show it unanimous: Twenty=sbe is; then;
.- - - � J: :.i.a _ •-` . `f'x. �. �; .::�:,'.� �--. ..: iA. i�ai f*."�,4'�v�i .:"' its '-.'X%�':74ti t��_?fi3:r" _.
The following motion was introduced' by Commissioner Regalado;t'who moved —its— s'P
adoption: F;1tl ", * f:: s�; 1n':• ,�.,'J �f:1`?: A3t�c xj. tissiS t«: �•v: ec4
.:a
...,_ , , ...E �, :�.:ti'. .:. - , _ •rE:Y«- i-' E;i..� ,�..«,. ..MOTION NO.99-97' �'
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 26
(PROPOSED SUSPENSION OF ELADIO ARMESTO-GARCIA FROM'" ,,� •`=
THE CODE ENFORCEMENT BOARD) TO A LATER DATE. C,- „"',
Upon being seconded by Commissioner Gort, the motion was -passed and adopted by the
following vote:
_, -1 1, .• .. -_.._ �/. - - _. .. :.. ' . ,. ..a
AYES: Vice Chairman Wifredo Gort
-Commissioner Tomas Regalado"'
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr..'
Chairman J.L. Plummer, Jr.
NAYS: None.
`f
ABSENT: None.
25 - February 9, 1999 -
10. PERSONAL APPEARANCE: BRUCE R. DRUM REPRESENTATIVE OF THE DADE COUNTY
AVIATION DEPARTMENT / TORY JACOBS / STEPHEN OWENS CONCERNING NOISE
ABATEMENT PROCEDURES AT MIAMI INTERNATIONAL AIRPORT — APPROVE IN
PRINCIPLE RECOMMENDATIONS PROFFERED BY NIIAMI AIRPORT NOISE ABATEMENT
TASK FORCE — DIRECT • CITY MANAGER TO URGE MIAMI-DADS COUNTY TO INSTALL
NOISE MONITORS ALONG BRICKELL KEY AREA.' - -
Chairman Plummer: Item 4. Dade County Aviation Department.
Ms. Dena Bianchino (Assistant City Manager): Pursuant to the City Commission's request, we have invited
representatives from the Dade County Aviation Department here to respond to the issues raised by the City
Commission at our last meeting. I am also pleased to announce that we have a representative here from
American Airlines, Mr. Steve Shankland, who heads up all their noise abatement programs across the
United States. We also have with us today Mc. Steve Owens and Mr. Tory Jacobs, who are members of the
Noise Abatement Committee.
Chairman Plummer. Well, I don't think American Airlines today has a problem,'do they?""
Commissioner Regalado: Mr. Chairman, if I may? - .. •-Nis11_ :;
Chairman Plummer: Yes, sir. .c
Commissioner Regalado: Before the presentation. I think ifs important to note that this City Commission
has taken the lead on trying to reduce noise in the City of Miami, and the original members of the Noise
Abatement Committee, Captains Ferrer and McCoy, did an extraordinary work in the past years, with the
addition of Tory Jacobs and Mr. Owens and Dena, recently. That committee has moved forward. This
Commission approved a plan to be sent to Miami -Dade County Board of Commissioners and I believe that
that plan, who was approved also by the Pilot Subcommittee, would reduce the noise over the City of
Miami. Specifically, probably the County is going to tell us that they already have a plan before the FAA
(Federal Aviation Administration) but I think that its important to know what are the time frames of that
plan, what hours does that plan covers? And I have some questions on that issue.
Chairman Plummer: For the record, sir — first of all, we appreciate your being here. We would ask you,
please, to give us your name and who you represent?
Mr. Bruce Drum: Good morning, Mayor, Honorable Chairman and Commissioners. My name is Bruce R.
Drum. I'm Assistant Aviation Director for the Aviation Department. My responsibilities are the airfield at
the Miami International Airport and the six general aviation airports in Miami -Dade County. Good
morning. I also wear another hat and I also will approach your Commission today wearing that other hat.
I'm the Chairman of the Noise Abatement Task Force, which Commissioner Regalado was just mentioning.
We have been in business, you might say, for a little over a year now as a task force, which was assigned to
us by the County Manager, with the direction of the Board of County Commissioners from Miami -Dade
County. The task force has been looking at every opportunity and any new ideas that may be out thereto try
to reduce the level of noise within our surrounding communities in Miami -Dade County. I might say that
the Aviation Department and Miami -Dade County is concerned with noise in all areas, and thafs'why we
established the — our Aircraft Noise Abatement Division, which was represented today by Chief Jeff
Bunting (phonetic), who's behind me, who's the technical noise person on our staff. Some of the things that
we have done in the past and continue to do, some of the measures we've instituted, implemented, that
26 February 9, 1999
_•er•_,y�;.�.�--.ag .sw.: /.: "A--'sr•:�iZw: �r� ;3 - _�.,. .'T__.. _ ._ — "—ww.: -
WOOL, -
benefit directly the City, of Miami, include the following. Noise_ Abatement Department Profiles,
restrictions on touch and go's at Miami International Airport, restrictions on maintenance run -ups, closure of
runway 1230. - That's our -diagonal runway at night. Runway nine-right,'restrictions_on noise abatement
purposes. Elimination of nine degree heading off of nine -right at night, and also instillation of the noise
monitors in your communities.:. Now, Pd like to give you a little update on the noise monitor. situation.
Currently, there are.four noise monitors installed,in the City of Miami:" We received on Friday permission
from the City of Miami for another five and yesterday we gave instructions to our contractor to install the
remaining five, which will be'in the City of Miami. So, fora toter of nine monitors once they'r+e complete
next month. _
Chairman Plummer: Areyou saying the monitors are strictly in the City of Miami?
.- -. '-.- ...- — - . .::_ _x:_:a is "+'-!'+`,-:4`.;.� ._.,i�" ,. Yl.iFi' i+.i r?7*.- ti y•� -.. _ ,
Commissioner Regalado; Here. _
. ir'. ii{ _» �s�r .??, .�{Y !}a. r,. .+a+ }jt••i s:,{. rr •�,J:
- •-- ;(••.ae-.r.,i1;ATY: '.�•^..J ^..,,.r ;}r spy ,'3S1i3i? e'ii;t' -1� '7-^.�:�i?�ti:1 •_.t��;H' - 1},� .�!Jf.';i"::t�i - s.
Mr. Drum: No,.sir'. jli re are a total of right now, four monitor_s,,with approval we just received-on_Friday
for an additional five to be installed by next month. ;,_ :;. •, .; sn :TSs3,.'`r:,
Chairman Plummer. But how many of them are act...: �.t ir- ��.},�. �. tF ,",., �r. �,rt. „��<� < .;
}
Commissioner Regalado: We are getting better because we approved those monitors from -July of last year -
Commissioner Teele: How many in the City of Miami? ,;s ::. . r,�;; ,: ; a,; issi'
ChairmanPlummer. My, question again,, of those monitors, how many exist, in the City of Miami?r;
:Fit ft::�bi
Mr. Drum: Currently, there are four monitors in the City of Miami. ,..:._ -•, - .; , i;'0—; ,.
Chairman Plummer: Oh, OK. And you're anticipating a fifth? ,
jr
Mr. Drum: No, sir. We received permission for an additional five locations, received on Friday. We gave
instructions to our contractor to proceed with the instillation of the additional five for a total of nine once its
completed.
Chairman Plummer: OK. Then I went from four...
Commissioner Regalado: Just a question. Does that include Brickell key
Mr. Drum: Yes, sir.
Chairman Plummer: OK.
Mr. Drum: I also have a handout here today, which I'll ask the Clerk to hand out to you.. f ��-.: :• �{
Commissioner Regalado: If I may, Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: It's very simple. You all — all of you are experts on the area but I think that, with
the help of some pilots and — because I have attended some of your meetings, I have learned.a little ind•I
think that the City of Miami has approved a plan that is feasible and that would require take -off and
27 February 9, 1999
landings on 112 and 836.. If we do that, experts tell us that 40, 50, even 60 percent of the noise over the City
of Miami will be eliminated. Do you believe that that's what the Miami -Dade County Aviation Department
would recommend?
Mr. Drum: Commissioner, can I answer it with my presentation? I think I'm going to get to that point here
in a minute. It's a part of the presentation here, if I may: The top sheet is the letter by Jeff Bunting to our
Noise Consultants, Mr. Allen Haas, Harris Miller, Miller and Hansen, and this just recaps yesterday's letter
to them to install the other five that I mentioned a few minutes ago. More importantly, and this will answer
your question, Mr. Commissioner Regalado. The second attachment is the operational directive issued last
week. This is the result of the recommendation of the Chief Pilot Subcommittee, which I asked for as the
Chair, after Noise Abatement Task Force member, Captain Ed Fever, proposed a while back to take a look
at client profiles as a way to mitigate or reduce noise over the community. We asked the chief pilots, at a
chief pilots meeting, to volunteer to take a look at this. This was lead by American Airlines, with
cooperation of some other airlines. Their recommendation was issued to us at the last meeting and we, in
the Aviation Department, believe this is a good way to proceed and we' have issued this to all users of
Miami International. Based on the recommendation the subcommittee made, before you is what has gone
out. It is calling for a voluntary climb procedure to 1500 feet. rm not a technical person, so I'll try to explain
the best I can. But basically, they climb to a higher altitude before they reduce power. What that generally
does — and the pilots in the room can explain a little better — but it helps to eliminate the noise over the
greater part of the city by being up at a higher altitude when they're reducing the power. We have put this in
place for a travel period while were taking measurements. We do have one concern, is that there is a
possibility that it may increase — because power is longer getting up to a higher altitude — there may be a
possibility of increasing noise for the closer in communities, so with one thing that our consultants are
looking at and we expect to have those results back in approximately early part of March. But this is going
into place as of last of week. And, also, rm told that American Airlines has taken a lead again on this issue
by implementing this policy already.
Commissioner Regalado: Is this 24 hours?
Mr. Drum: Yes, sir.
Commissioner Regalado: It's 24 hours?
Mr. Drum: Yes, sir, yes, sir. ,
Commissioner Regalado: But this is only the climbing procedures?
Mr. Drum: Yes, sir. And the next one you mentioned, I'm going to get to it now..
Commissioner Regalado: OK.
Mr. Drum: If I may. One of the recommendations that also came out of the subcommittee was to take a
look at aircraft departing off of nine left and nine right — that's your two east/west parallel runways — to try
to jockey over and fly over the two expressway systems, which they pretty much do today, although the one
off of nine left is a little bit further south. Now, we are looking at that. That's a much more complicated
issue, but we're taking a look at as a possible remedy. As I've said from the chair many times, if there's
something out there, we will adopt it. It's a no-brainer, otherwise. If it's possible and feasible without
shifting noise, and that's one thing I want to convey to you, is that the FAA, which is our governing agency,
a federal agency, will not allow us to move noise around from one community to the other. It's against the
law to do that. So, we had to be very precise. We have to have consultants take a look and take noise
28 February 9, 1999
measurements to make sure that that's not happening. � But we've always taken the policy to try to put the
aircraft over industrial or highway areas or bodies of water, such you71 see here in the next document that I
have for you. . - . .
Commissioner Regalado: But, if you'll excuse me. You're not doing that. Now, because what you hear
over the Upper Eastside, Shenandoah, Grapeland, Coconut Grove, you know, Allapattah, Overtown, it's
noise. If you fly — most of your flights are flown over 112 and 836 — the noise — and they don't have to
cross the city as they do that, and we're not_ asking to switch the noise to other communities because you
know that 80 percent of the noise from Miami International Airport falls within the municipality of Miami.
That is correct, right?
Mr. Drum: I don't know the percentages, but I would imagine it's a high percentage because you're directly
east of the. airport.--,,.,,
Commissioner Regalado: Well, if you go west, no, but if you go east, all the noise falls within the City of
Miami, except for Melrose, which is unincorporated Miami -Dade County. What I'm saying to you is that, if
— the pilots have said that if .you fly over 112 and 836, the noise will be reduced drastically over the'coastal
area, Overtown, Allapattah, . and all that because what you're getting is your nose mostly over the
expressway of the City of Miami.
Mr. Drum: Sir, that's not my understanding. My understanding is that, if you use the climb profile th'"1500
feet, as they recommended and we put in place, the aircraft will be higher and that will impact - that will
reduce the noise over your eastern bay areas, for instance.: i, 3-
Commissioner Regalado: It will...
Mr. Drum: And going down the expressway will not have much of an impact on those areas. That's my
understanding. _
Commissioner Regalado: Well, pilots seem to think different.
Mr. Drum: Well, we're taking a look at — if I may continue. The next document in the packet is a current
pictorial map of typical departures off of nine left and the general pass they now take. That's — in other
words, that's the current situation during a certain time period. The last attachment is a map, which it
represents the proposed tracks to the east that we have submitted to the Federal Aviation Administration for
their concurrence and approval. We cannot unilaterally, other than the client profile. which we have done
on our own, which the FAA concur with, we cannot change routes without their concurrence and approval.
So, this has been submitted to the FAA. We're still waiting for a recommendation on this application. It is
our hope also, using the noise monitors and what we call ANOMS (Automated Noise Monitor System), to
help us track or funnel the aircraft over these routes that we have proposed, which would help reduce the
amount of noise in the communities. Is there any questions?
Commissioner Sanchez: How long has this study been going on?
Mr. Drums: Which study, sir?
Commissioner Sanchez: The noise study. r.
Mr. Drums: I'm sorry. I don't understand what study, sir?
29 February 9, 1999
Commissioner Regalado: The City has been part, Commissioner, of that committee, I...
Mr. Drum: The Task Force.
Commissioner Regalado: Yeah, The Task Force. — I think, for a year and a half and probably two years.
Mr. Drum: Its about 13 months now.
Commissioner Regalado: Yeah.
Mr. Drum: Little over a year.
Commissioner Regalado: We brought that issue about two years ago to the City Commission and its been
discussed. I don't know — is the Task Force going to be abolished soon or... - .
Mr. Drum: Its not my understanding. Now, well continue to look at new ways to reduce noise. I think...
Commissioner Sanchez:- Let me just continue with my...
Mr. Drum: Yes, sir.
Commissioner Sanchez: Commissioner Regalado, do you think that we've made any progress in this noise
— aircraft noise in the City?
Commissioner Regalado: Yes, we have, especially with the climbing profile but its not enough. If we can
persuade the Board of County Commissioners and the Aviation Department to go to the FAA and change.
not only the climbing profile but the flying pattern, the noise over the city of Miami will be drastically
reduced in different neighborhoods and you know, in the past in, probably, the problem that that committee
didn't move forward was because the airlines were not involved but we have to appreciate what the task
force and the Chairman that he brought in several airlines and created the pilot subcommittee. And we have
the support now of American Airlines, which is the biggest carrier in the City of Miami in the Miami
International Airport. And you know, the airline you know that profile would cost them money and that...
Commissioner Sanchez: That's...
Commissioner Regalado: And they're willing to pay, Commissioner.
Commissioner Sanchez: That's exactly where I want to get at.
I mean...
Commissioner Regalado: They are willing to pay because they — thats a PR gesture and also a quality of
life issue for the community, but I think that the City of Miami should be adamant with the County in trying
to get the flying pattern over the expressway. I think that it would — the pilots would tell you that that
would reduce the noise in different areas. .1 _ .
Commissioner Sanchez: But...
Chairman Plummer: Mr. Gort.
Commissioner Sanchez: Wait. Well, I'm not done. I was not done.
30 i February 9, 1999
Chairman Plummer. Pm song. Mr. Sanchez.
Commissioner Sanchez: My question had a follow-up questions on. The solution here is a higher altitude
takeof%?
Mr. Drum: That's your client profile, yes, sir.
Commissioner Sanchez:- Absolutely. Which — it's just like a car. It's going to consume gas if you're going to
take off quickly.
Mr. Drum: Ifs.not so much quicker, sir. -
Commissioner Sanchez: There is a financial impact, correct or not?
Commissioner Regalado: Yes.
Commissioner Sanchez: On gas?
Commissioner Regalado: Yeah.
Commissioner Sanchez: The airline industry's going to spend more moneyon gas, yes or no?
Commissioner Regalado: Yeah.
Mr. Drum: I don't know about fuel consumption. You would have ask an expert, sir.
Commissioner Sanchez: It's a simple question. I think it would. Just like a car, if you accelerate the throttle,
you spend more gas. ;
Mr. Drum: For a few seconds — probably thirty seconds more, you're using more power, yes, sir
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I have a question. Looking at your maps in here, and I'm not a technical and Pm not
too knowledgeable about this. But my understanding is, you have takeoff and, then, you have certain planes
that go all the way to the ocean, they turn left, and, then, you got certain planes that go right on the bay and
turn left on the bay over waters, like you stated... - • .
Mr. Drum: Commissioner, may I ask a question? Is that the current or the future?
Vice Chairman Gort: The one you're showing me here.
Mr. Drum: The current, OK. ,
Vice Chairman Gort: The current.
Mr. Drum: Current, OK. :.
FM
Vice Chairman Gort: And what happens is, you have a lot of them turning north right over the city and this
31 41,
February 9, 1999
is right in my -district.
-Mr. Drum:, Correct, and that's what were trying to... - -
Vice Chairman Gort:' That's in the middle of my district -
Mr. Drum: Correct, and that's what -I want to point out. That's what we're trying to correct with the propose,
which is with the FAA. What it would do is come out to this point here before'they turn north, keeping it,
for the most part, definable tracks and, then, over the waten-At's been our goal all along to try to minimize
the amount.of time it spends over land.
Chairman Plummer. That's good.
:J
Ms.Bianchino: Commissioner Gort?
Vice Chairman Gort: My understanding also is, according to - conversations 'I've -had with pilots, that if you
do go over 112, that might be able to help also.
Mr. Drum: I'm sorry; sir? .--. il". --.i;
'44
Vice Chairman Gort: If you go over the 112 in other words; utilizing the expressway;!..
Mr. Drum: Correct
-f
Vice Chairman Gort: At would be a lot — you can avoid some of the noise taking place also.
Mr. Drum: Correct. Right. Let me point out to you that, on'the proposed," which is basically a runway
heading until itgets tothe bay, ifyou jock itup—jockey itupto go over the expressway, you are, possibly,
moving some noise over into another community, which -would have to get FAA. approval, OK?
Chairman Plummer: Share the wealth.
Mr. Drum: So, you may solve someone's problem but you may add to another problem. -
Vice Chairman Gort: What would it take to — for this plan to be accepted? -- - - : - , "
Mr. Drum: This one is with the FAA. It needs their approval. We have written them letters asking, again,
for their approval. Part of it was being held up because of the fourth runway, which was going through a
lengthy supplemental — I mean, an environmental impact statement, and they were waiting for that decision,
which just recently came. I expect the decision to be very shortly.
Chairman Plummer: Mr..; -
Mr. Drum: Excuse me. I'd like to point out one other thing. On the proposed departure off of nine right, for
the most part, it attracts along 836.
Vice Chairman Gort: Right: That, I've noticed. f-,P,
Mr. Drum: So, it is already our goal thereto keep it over that expressway.
32 February 9, 1999
-
Chairman Plummer: Mr. Jacobs, would you like to make a comment, sir?
Mr. Tory Jacobs. Thank you. Tory Jacobs, 145 Southeast 25th Road, Miami., I'm here representing the
Brickell Homeowner's Association and a number of neighbors. It's really very nice to be here and before
something where really everybody's for it. In this whole program, everybody a winner. The only people
that might be losing are some high played consultants that might be involved in the evaluating alternative.
First of all, in this presentation, it says here that this is night time procedures from twenty-two hundred
hours to, oh, seven hundred, and I believe that accounts for seven percent, approximately, of the traffic
there. So, I would .like .to see this Flight ]Management Plan that moves the traffic over 112 and 836 be a
24-hour program. We are very appreciative, the neighbors in the Brickell area, of the support of the
Commission and the resolution that was passed at the last meeting to go to the County. Since that time,
your proposal, your ordinance, your recommendations, have been endorsed not only by the Brickell
Homeowner's Association, the Brickell Area Association, the Downtown Development Authority passed a
resolution in support of it; the Brickell Key Master Association and the. Executive Committee of the New
World Center of the Chamber of Commerce has also endorsed this. So, that the City Commission has
spearheaded this. You're. fully, supported and, Certainly, the Brickell Area, with something over twelve
thousand residents, is fully in support of this and I think we should all focus on -this recommendation and see
it through and give it a try. It has worked in other communities. I think you'll hear that from the American
Airlines expert. The American Airlines has gotten 87 percent of the airline operations in this'city operating
out of the airport to support this. The other 13 percent just haven't been approached yet. They're not against
it. But here you have a program where the airlines that are going, as Commissioner Sanchez suggest, going
to cost them money...
Commissioner Sanchez: That's it.
Mr. Jacobs: ... they are willing to do it. They want to do it. They want to try it for six months and see what
the results are. It will — it should work.: ,The professionals think it'll work. It's worked in other cities. If it
doesn't, it can be adjusted, but let's give it a- go: because there isn't any other aircraft noise containment or
suppression program being advanced. The measurement is like giving the police radar gun with no speed
limits out there to evaluate what's going on. So, I certainly...
Chairman Plummer: Thank you, sir.
Mr. Jacobs: Thank you..
Chairman Plummer: Steve. Brickell Key.
Mr. Stephen Owens: Steve Owens, 888 Brickell Key Drive, City of Miami.; Just a couple, of quick
comments and I think I could start by using this map as...
Chairman Plummer. Is the spaghetti ready?
Mr. Owens: Well, all that spaghetti comes over Brickell Key and Brickell Avenue. I'm here really"to let
you know, from the standpoint of the development community and also as a member of two task forces
studied the City's financial condition, we all know that we need development. We need to build our tax
base. It's a quality of life issue. You can't build a tax base. We can't sell condominiums.- We can't rent
apartments and we can't rent office space if people can no longer use it because the aircraft noise has
become an issue. So, I think that's a serious point. And that's coming from an'island where -we now pay
twelve million dollars ($12,000,000) in total taxes. So, we want to continue to develop but we also need to
be able to use the facilities in which we build.. rd also like to point out, in reference to the -handout that was
turned in, the first page references an ANOM that is about to be installed on Brickell Key. Well, we
f"• `= 33 February 9, 1999
volunteered that site. We have encouraged its installation. We were told by the County that it would take
three months to install that facility at a minimum. We've been able to do our On in conjunction with the
City in three weeks, and we're waiting for their installation.
Chairman Plummer: Nobody has ever accused them of being rapid.
' 9. .tE - .. _ifi;'r .-r.iui•',�::"•�?'J' _ -.-i:w _: il. t: _. f' .. "- -
Mr. Owens: Well, my point is that we need to move with some urgency here. This is a fairly serious issue
in our community. - ..
Chairman Plummer. Mr. Manager, would you proceed along that line? Thank you, sir.
Commissioner Sanchez: Mr. Chairman?
.... .. ''`. ij' JiF ..t., tr f. ri:'c? ,. ". ..:L Ci.i:: •"I; �' .nJ �,?t.l�'.r�s '.,:.�.r 'l:'ttJ ;'. .'�: s 7_!'_ .ty
Chairman Plummer: Mr. Sanchez' . _r; :,,f. „ .::,;; s; �•. :t`. , WL; * a- zif j
_ _ _ .T a _` ... •vf.. ti �. !ryl'f4'"�} .!}ir'` ^S?r `�[_ �Vb., ; .:. 7y1`++'}>%: .. •
Commissioner Sanchez: And that's the point that I want to make. I don't think there are any disputes here,
that its not a quality of life. Tory — Mr. Owens, let me just say, its been going on for a year and a half. The
Commission - the City Commission* passed it,, passingit.on to the County:: Now;' I -want tb bring out the
facts here. The higher altitude it's going to cost to takeoff, ifs going to cost the Airlines money for fuel.
Some of them may be willing to do it. •I don't know if all of them are going to be.willing to do it.- Now, let's
understand. They're going to pass the cost to the flyers that are going to fly the airlines. The other thing is, I
don't think that it's going to pass the County,Commission for the simple reason that, once*it gets there, you
know lobbyists are going to be pushing for that issue, supporting the airlines. I am one who lives in an area
that's affected by it and. would love to see a relief as quickly as possible but, you know, if we're going to
push the ball and get the ball rolling, now its time to go to the County Commission and push for this issue
because we passed it here. And I know that the airlines want to act in good faith, just like the City
Commission. Now, it's — the ball's in their court. It's over at the County Commission: t a{ + • -►
Mr. Owens: Well, Pve never seen...
Commissioner Regalado: Mr. Chairman, if I may.
Chairman Plummer: Wait, wait, wait. Whoa, whoa. Did you wish to respond? ,r
Mr. Owens: Yes, if I could
Chairman Plummer: Quickly.
Mr. Owens: Very quickly. I happen to work for a company, it is a large development company:. We also
own and operate one of the largest airlines in Asia, and we fly into cities where also its very condensed
living and noise pollution is a serious, serious concern, and we spend the money to make sure that we
comply with whatever noise abatement requirements exist in those cities. Here we have an example where
the users of our airport, at least 87 percent to date, are also totally willing to try these recommendations and
I happen to think that the recommendations by the subcommittee containing a six month trial — well, let's
take a look, see what we've achieved — is a very, very appropriate way of approaching this. It's not forever,
unless it's successful. :,z$ `twFi
Chairman Plummer: Better than doing nothing. - ,
Mr. Owens: Let's give it a try. .
34 - , February 9, 1999
Commissioner Regalado: Mr. Chairman, if I may?
Chairman Plummer: Mr. Regalado to close.
Commissioner Regalado: Yes. We have to understand, Commissioner Sanchez, that because the airlines
were not involved, we spent so many months going to meetings and discussing for about three or four hours
in the 3rd floor of Miami International Airport this issue. The staff of the Task Force is very able and not
until the airlines decided that this was an issue that will be a part of their image is, that this became
something that could be done. The problem that we have now, we dons have any problem with the airlines
now. The airlines are willing and able to spend the money. If they — you know, what they're going to spend
is a few dollars more. The problem that we need to address now is that this plan, who; by the way, will be
brought back to the County Commission by Commissioner Jimmy Morales, he made a commitment to me
that he will bring this to the Commission. Commissioner Barreiro, I had spoken to him. Commissioner
Pedro Reboredo, I have spoken to him. Commissioner Javiar Souto. They all agreed. So, we might have a
lot of support in the County Commission. The problem that we f ice' now• is that this is a very good plan.
Takeoff, good. That would eliminate a lot of noise. But the fly pattern is only from 10 p.m. to 7 a.m. We
need to extend that 24 hours because it would defeat the purpose anyway because, you know-...?,(., : r
Chairman Plummer. Make your motion.
Commissioner Regalado: ....we get all this noise during the day and, during the night, most of the people are
air condition tight and they don't even know about flights over their houses.- I think that it would be worth
trying 24 hours a day, this flight pattern over 112 and 836. And, you know, pilots — I keep telling, pilots
will tell you that this will reduce the noise drastically over ?
Chairman Plummer: Make your motion.
Commissioner Regalado: My motion is to ask the Task Force and the County Commission to approve this
in principle; this flight pattern to be sent to the FAA for a trial period of six months, as they want, but with a
24-hour, not at night only but a 24-hour trial period. I :
Chairman Plummer: OK. Is there a second? - ..
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Mr. Sanchez then by Mr. Gort. Any further —
Vice Chairman Gort: Why don't you just give it to Sanchez.
Chairman Plummer: Give it to Sanchez. Mr. Owens, speaking to the motion.
Mr. Owens: The question I would like to raise is, as to whether this track management actually has'to go to
— which is a part of your recommendation — has to go to the FAA? I heard Bruce say it may have to twice.
Mr. Drum: Yes, has to. Yes, it has to. That's my understanding.
Chairman Plummer: OK. All in favor, say "aye."
The Commission (Collectively): Aye.
35
February 9, 1999
-" <' "1:�,r
Chairman Plummer. Opposition? Show unanimous.
The following motion was introduced by .Commissioner. Regalado, who moved its
adoption: _.
MOTION NO.99-98 -
A MOTION . • . APPROVING 1N. PRINCIPLE THOSE
RECOMMENDATIONS PROFFERED BY THE CITY OF MIAMI
AIRPORT NOISE ABATEMENT TASK FORCE; FURTHER
REQUESTING_ THAT THE TASK FORCE FORWARD TO THE
NIIAMI-DADS COUNTY COMMISSION., AND AVIATION
DEPARTMENT THE PROPOSED FLIGHT PATTERN PLAN
(CALLING FOR A CLIMB PROFILE OVER STATE ROAD 112 AND
836 ON A SIX (6) MONTH TRAIL PERIOD, TWENTY-FOUR (24)
HOURS DAILY); FURTHER STIPULATING THAT. SAID PLAN BE: :..
FORWARDED TO THE FEDERAL AVIATION ADMINISTRATION.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado ., a
Commissioner Joe Sanchez
Commissioner, Arthur E. Teele, Jr.
Chairman J.L., Plummer, Jr.
NAYS:
None. .. •
ABSENT: None.
[COMMENTS MADE AFTER ROLL CALL] .
Chairman Plummer: Gentlemen, we wish to thank you. We were kind of thinking that you didn't care about
us and that's why we asked that you all be here today. Mr. McCoy, we thank you for being here, sir. Get
American Airlines back in the air. The pilots are taking enough vacation as it is. You guys need to go back
to work. The gentleman flew down from Atlanta and we didn't hear from him. Shame on us. You name...
Commissioner Regalado: Just say that American Airlines supports this plan.
Mr. Scott Shankland: Absolutely. I'm Scott Shankland. I'm representing -- well,. I'm. from American
Airlines. I'm a Test Pilot. Pm also the Noise Manager for the Flight Department. Pat McCoy. and I are here
representing the user subcommittee, and I know you all seen the report and endorsed the report. Of course,
we had to cancel two more flights for us to be here today, but not a big deal with the way things are going.
We just want to — I just want to tell you I'm available to answer any questions concerning our
recommendations. The vertical procedure, just as a little update from the user subcommittee, we have
approached a number of airlines at the airport and have gotten a buy in from them on the use of the vertical.
procedure, including most of the domestic carriers and most of the international carriers. There's a couple
that we still need to go talk to. I think our compliance is going to be very, very high, even though this is a
36 February 9, 1999
voluntary procedure. procedure. The airport is supporting it now. They've sent a letter out and I think we're in really
good shape. That's an area that the users have a great impact in because it's adaiiea that we can control, as
far as implementation goes. The track management is an area that's more County and airport -governed. The
user subcommittee made some recommendations 'and we have been discussing those with the airport. I
think some excellent points were brought out here today, including the motion that this should be a 24-hour
a day procedure. Operating it during just seven percent of the operation is not going to have a real big
impact. So, I think we're moving in the right direction. Unfortunately, that's an area that the users can't go
out and control themselves. We just can't pick a heading and fly it. So, this is something that has to be
coordinated through the County, through the airport, and through air traffic control on the FAA side. And I
just wanted to pass it on to you. =
Chairman Plummer: We thank you very much, sir, for your interest and keep abreast because rm sure
there's more questions going to be forthcoming. - 1
Mr. Shankland: OK., nC}
Chairman Plummer: Thank you, sir:'
11. PERSONAL APPEARANCE: IVEY KEARSON, CONCERNING AMOUNT OF BENEFTIS HE
WAS TO HAVE RECEIVED AS A PART'OF HIS - SETTLEMENT WITH CTrY.'OF MIAMI — NO
ACTION APPROVED. -
Chairman Plummer: The next is Item Number 5. Mr. Ivey Kearson wishes to address the Commission. Mr.
Kearson.
Mr. Ivey Kearson: Good morning. My name is Ivey Kearson. I reside at 20 Northwest 88th Street, Miami.
I'd like to thank all of you for giving me this opportunity to come before you this morning. I worked for the
City for over 19 years. Three of those years were interrupted and the purpose of my coming before you is to
ask that you look at what's calculated, as far as benefits, during that three-year period. During that
three-year period, persons who were employed during the same period of time, started the same as I did,
were given certain benefits but when we settled, I was not given those benefits. They were overlooked. rve
spoken to both the City Attorney and the City Manager and they both understood my dilemma and they both
agreed. I must say that Manager Warshaw is very kind. However, I'm before you this morning to •ask that
you all see that I receive the same benefits as anyone else who work 19 years for the City. And that's the
reason why I'm here.
Chairman Plummer: Mr. Warshaw. Mr. Manager.
Mr. Donald Warshaw (City Manager): Commissioner, rll address the piece that I had some discussions
with Mr. Kearson regarding a five percent pursuant to the AFSCME (American Federation, State, County,
and Municipal Employees) contract upon retirement that is at the discretion of the Manager for an
Executives Managerial Confidential Unclassified ?, which was given to Mr. 'Kearson. Now, I understand
the other parts of the benefit package that he's referring to were part of a settlement that was entered_ into
between his attorney and the Law Department and I'd ask the City Attorney to...
Chairman Plummec._Mr. City Attorney. )
Mr. Alejandro Vilarello (City Attorney): As I i-nderstand it, Mr. Kearson is concerned with regard to an
across-the-board four percent increase that took 'place last October,.October of 98I I and a . j.year
37 February 9, 1999
anniversary and a 16 year anniversary that, had he been employed by the City, he would have been entitled
to. Although those issues did not come up during settlement discussions, the settlement discussions did
provide for full and total compensation of Mr. Kearson during that period of time after he separated from
the City. At that time, Mr. Kearson was represented by counsel. The parties agreed to that amount. There
was settlement agreement entered, subject to the City Commission's approval and the Oversight Board's
approval, that, in fact, took place. The City Commission did approve that settlement as presented on a
unanimous vote of the City Commission. The Oversight Board also approved the settlement and releases
had been signed, filed, and the case has been resolved. At this point, my recommendation to you is that this
case is settled. The releases have been signed and the case is no longer before you. Of course, Mr. Kearson
has the opportunity to appear before you.
Mr. Kearson: Yes. - I'd like to say that, at the time that we sat down and settled, none of these things were
mentioned. To be honest with you, nobody was present who really knew all that had happened within that
three year period of time. And when we sat down and settled this, to take the attorney out of the mix, I
intervened to keep all that legal expense out of it so we could settle this and in good faith. As I had said to
the City Attorney, I said, I m leaving it up to you. I trust you.' Just do right by me. And that's why I'm here,
to ask you, the Commissioners, to do right by me. When we talked about settlement, we did not mention the
five percent but the five percent was given. So, I'm asking you to do the same with the others that I should
receive or entitled to because we all was sitting around the table and none of us knew what actually
transpired during that three year period of time. - , - . r.: .
Chairman Plummer. OK. Let's get off the nickel.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: What is the date of his separation from the City of Miami based upon all of this?
Mr. Vilarello: I believe Mr. Kearson can probably give us the exact date, but it was...
Chairman Plummer: What date were you terminated?
Mr. Kearson: November 29th.
Mr. Vilarello: Of 1995, I believe?
Commissioner Teele: No, no, no. No, that's not my question. What is the date of your separation from the
City of Miami for pay purposes?
Mr. Vilarello: After the settlement?
Vice Chairman Gort: The day he quit receiving checks people.
Commissioner Teele: When — based upon the settlement, based upon everything that has been done, what
is his last date of employment with the City of Miami?
Chairman Plummer: November 29th of'95.
Ms. Sue Weller(Labor Relations Officer): January 2, 1999.
39 February 9, 1999
Commissioner Teele: See — and.that's the point Plummer keeps saying '95; everybody's saying '95; the
staff is saying '99, and to me its real simple. We shouldn't play games. If his last date is 95 and he got a
lump sum settlement, he's not entitled to anything that he's talking about If his last date of — if his last date
— if his termination is based upon a'95 termination and he gets a lump sum, he's not entitled to anything that
he's asking for. If his last date is 99, he's entitled to everything that he's asking for, and that's the only issue.
You're not going to start treating people differently. I've been saying that ever since I've been here, and this
City treats people differently. Now, if his...
Chairman Plummer: Mr. City Attorney.
Commissioner Teele: ... last date of employment is'99, he's entitled to get all of the cost of livings, all of the
things that you all are talking about giving somebody: And I m not for it Pm not against it I mean, but all
I'm saying is, we have to treat people the same way and if it were the City Attorney, he'd want his. If it were
the City Manager, he'd want his. If it was anybody out there, they'd want theirs:, And all that I'm saying is
real simple. If his last date for purposes of employment -of the City is in 99, he's entitled to all of the cost of
livings that he is talking about in that three year period of time:' If his last date of employment is 95 and he
agreed to a lump sum, OK, then he's not entitled to it. And the question to me is, what is his last date of
employment, '99 or'95? And you don't have to be a Philadelphia lawyer to go back and understand the clear
meaning of words. We are going to treat all of the employees: the same.. , The ones • that work 'for
Commissioners; the ones that go to jail; the ones that don't go to jail; the ones that serve honorably; the ones
that don't serve so honorably. Everybody who leaves the City should be entitled to be being treated the
same way.
Chairman Plummer: Mr. Sanchez.
Commissioner Teele: Now, if he waives something specifically — if he specifically waived that — his cost
of livings, that's a different matter, but if we're relying upon an arithmetic calculation, OK, then the numbers
should be, to me, just plain and simple. Whatever he's entitled to, during the period of time between '95 and
'99, if everybody else got the cost of living, if everybody else got the cost of living, he should get the cost of
living.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: In'99, Mr. City Attorney, did he settle the case with his attorney?
Mr. Vilarello: He was represent by counsel and, yes, he settled the case.
Commissioner Sanchez: They settled. Mr. Kearson, were you actively involved in the negotiation to settle
the case?
Mr. Kearson: Actually, I spearheaded it with counsel. I asked him — because I didn't know what transpired
within a three-year period of time. What I had agreed to was based on thirty-three dollars and ninety-eight
cents ($33.98) an hour. All benefits should be calculated based on that being the basis, not waive anything.
I mean, common sense would let you know that I'm not going to waive any of my benefits.
Chairman Plummer: All right.
Commissioner Sanchez: Wait, wait. J.L., hold on.
39 February 9, 1999
. ._
Chairman Plummer: Mr. Sanchez
Commissioner Sanchez Mr. Kearson, in 99, when you settled your case, that you set down with the City
Attorney, you sat down with your attorney, and you were involved in the negotiations for the settlement.
Your attorney and you didn't calculate all the money that was there. Your case is closed. This is what I
deserve. � This is what the agreement is. This is what we're going to sign: This is what we're going to put our
hands on top of the Bible and swear upon. You and your attorney and the City Attorney came to an
agreement that that was the final amount? =
Mr. Kearson: No, we didn't do it that way:
Commissioner Teele: They didn't do it that way.
-
Mr. Kearson: The way we did it is that they came up with the figures after -"we agreed in principle. They
came back with figures later. In fact; I didn't receive figures until about almost a week after the Oversight
Committee had approved to it.,
lot
Chairman Plummer:- All right. Thank you. The floor is open, for a motion or no motion:
t. a' 1. i?' ,'!e .. r'!•-:j 151 `�"t t. pe ;lei
Commissioner Teele: Mr. Chairman?
Chairman Plummer. Mr. Teele.
Commissioner Teele: I would move that Mr. Kearson be treated the same way as any other employee would
have been treated during the period between 1995 and 1999, if the date and time of this settlement, - .
Chairman Plummer: Is there a second? Is there a second? .I second the motion. Any fuither discussion?
Vice Chairman Gort: I have a question.
Chairman Plummer: Wait a minute. Excuse me. I legally can't,
can I?
Vice Chairman Gort: I'll second it for discussion purpose.
Chairman Plummer: OK, for discussion. Pm trying to get a legality here. I would have to pass the gavel to
second the motion. Go ahead, Art. Mr. Gort. -
Vice Chairman Gort: My question is the following. My understanding is, this was a court case, we were
sued?
Mr. Vilarello: Yes.
Vice Chairman Gort: My understanding is, the attorneys, rather than go to court, mediator on this, you all
got together?
Mr. Vilarello: Yes. I think both sides gave considerable negotiations in this matter.' -
Vice Chairman Gort: My understanding is, in the settlement, they all agreed to an amount. Did you both sit
down and you agreed? . - , , _ a
H f ,.._.. .1,1 U.
40 ;. February 9, 1999
Mr. Vilarello: Yes, Commissioner. The amount was three years of back pay. The multiplying his salary at
the time of separation from City in 1995 times three. That's specifically the amount and that's specifically
the amount the City Commission approved.
ViceChairman Gort: OK. My question to this, this is a settlement because of a court case. Because, you
know, if we're going to treat everybody equally, we've got a case sitting right in front of us that did not sue
the City, tried to do it administratively, and still has not been fixed and not been taken care of. Now, if we
have — my question is, would this begin a precedent that every time we settle a case legally, our Legal
Department, for people to come back to ask and ask for additional — and how would that affect the legality
of whatever settlement we had?
Mr. Vilarello: Commissioner, I don't believe that sets a precedence. I think Commissioner Teele is arguing
some policy considerations that he wishes this Commission to undertake in the future or even in this case, if
it desires._ The settlement of the case was based on a lawsuit brought against the City and specific amounts
were negotiated and agreed to by both parties before it was brought to this City Commission for
consideration, and there was — certainly, there was compromise on both sides. Mr. Kearson certainly did
not get everything that her wanted and certainly we paid more than I felt that was appropriate in the case, not
appropriate but more than I would have wanted to pay in this case or recommend to you.
Chairman Plummer: Call the roll.
Commissioner Teele: Mr. Chairman, before you do?
Chairman Plummer: Mr. Teele..
Commissioner Teele: Before you do. Look, I apolo...
Vice Chairman Gort: Excuse me. Let me finish a minute. You're saying this would not do a precedent with
any other settlement? If we had other settlements...
Chairman Plummer: Based on the wording.
Mr. Vilarello: It doesn't create a legal precedent, no. It will certainly create a precedent where other people
will come and ask you for a second bite of the apple.
Commissioner Sanchez: Absolutely.
Mr. Vilarello: Doesn't create a legal precedence, however.
Commissioner Sanchez: That's the problem.
Chairman Plummer: Mr. Teele to close.
Commissioner Teele: Mr. Chairman, I think it would be very helpful if the City Attorney and the city staff
would give us what the precedents have been. The Manager — the City Attorney just said that Mr. Kearson
agreed on an amount, but in his discussions he said, Mr. Kearson agreed to be paid three years — the three
years' pay. The normal connotations, when a discussion is made about three years' pay, absent something to
the contrary, would include all of the benefits and all of the cost of livings that are normally associated with
that. Nothing more, nothing less. If Mr. Kearson's agreement was to receive — and I understand, based
41 February 9, 1999
upon what you just said three years back pay, it would seem to me that the arithmetic calculation would
have been the three years back pay as if he had been here during that period of time. That's all that I'm
saying and... _. - . _- -
Chairman Plummer: All right.,
Mr. Vilarello: Respectfully, Commissioner — and I, personally, sat through the mediation and negotiations
in this matter. The amount was three times the salary that he had, the annual salary that he had, when he
separated from the City in 1995. It was a specific number: It was- approximately sixty-nine, seventy
thousand dollars a year times three, and that's how we came to that number and that's the specific number
that was discussed. - -
Vice Chairman Gort: What total?
Mr. Vilarello: It was approximately two hundred and ten thousand dollars ($210,000), plus attorneys fees,
and I believe there was also a consideration given for accumulated vacation and sick leave over that period
of time, which was also paid.
;a Ta
Commissioner Teele: Then..: :;>. *;. : _ a z•
Chairman Plummer: All right.
Mr. Kearson: May I speak? a
Commissioner Teele: May I only...
Chairman Plummer: Excuse me. The public hearing is closed. Mr. Teele to close. ;
Commissioner Teele: May I only say one thing then? The City Attorney is basically suggesting that the
calculation was not based upon the three years but the years — his last year times three, and that's a totally
different calculation, if that is the case. Mr. Kearson has said that it was based upon the three years. So, let
me just, if I could, with your permission, Mr. Chairman, ask Mr. Kearson if you would clarify that issue and
clarify anything that you'd like to?
Chairman Plummer: Mr. Kearson
Mr. Kearson: Well, what we agreed upon — and Alex can verify this — is that we were using the thirty-three
dollars and ninety-eight cents ($33.98) as a basis to work from because he didn't know what benefits I was
entitled to. There was no one sitting around the table who knew what benefits I was entitled to, and I said to
Mr. Vilarello, I'm depending on you to do the right thing and, as the Chief has always said, I'm asking you,
the Commissioners, to do the right thing. I'm not asking you to give me anything. Just give me what I'm
entitled to.
Chairman Plummer: All right. The questions have been answered. Mr. Teele, I think, without any
question, there is a motion on the floor. Call the roll.
Mr. Foeman: Roll call.
Chairman Plummer: The motion fails three to two.
42 February 9, 1999
r. _ - - -• - - .. _ . - - - - -. ..
Y 1WWI
- - NE
f
the motion was passed md adopted by the
€ellew•ieg vote:
Toole,
GeffmissielleF jee e L
ABSENT, #gee
12 (A) PERSONAL APPEARANCE: MS. HATTIE WILLIS, OF; -NEIGHBORS UNITED,
CONCERNING DRUG DEALING, ILLEGAL DUMPING, ABANDONED BUILDINGS, AND
VIOLENT CRIMES IN HER NEIGHBORHOOD. — DIRECTING CITY MANAGER TO ENSURE
THAT ALL NET OFFICES BE TREATED EQUALLY. FURTHER INSTRUCTING MANAGER TO
CREATE TASK FORCE TO CLEAN LITTLE HAM.
(B) DISCUSS PROPOSED PARK FOR LITTLE HAM UNDER SAFE NEIGHBORHOOD
INITIATIVE.
Chairman Plummer: Mrs. Hattie Willis. Is she present? Mrs. Willie, coming 'forth to talk about drug
dealing, illegal dumping, abandoned buildings, and violent crimes in her neighborhood. For the record, if
you would, give us your name and mailing address.
Ms. Hattie Willis: My name is Hattie Willis and my address is 5510 Northwest 1st Avenue. I reside in the
city.
Chairman Plummer: OK.
Ms. Willis: I thank everybody for having me here today and I just want to say, before we even get started, I
did not come hereto bash the Police Department. I didn't come hereto bash the City Commissioners. I
didn't come here to bash anybody in the government. The only thing I came here before, because I am a
parent, a concerned citizen, and woman who lives in a neighborhood where the drug dealers have taken over
my neighborhood, where children do not come outside to play anymore in fear of guns being fired, and kids
being killed. We have had so much crime and bad things happening to our neighborhood. The police are
doing as much as they can to get these things solved. They don't have the help that they need and this is
why I'm at the Commission today, to ask you to give them, to implore you to give them the help'that they
need to get these things solved. The first issue that I want to bring up, and I have three and rll do it very
quickly. I don't want to take this long. We was in a meeting last week with the head of the Garbage
Department of the City of Miami and he said that last year, seven point five million dollars ($7,500,000)
was spent by the City to give to the County for dumping our garbage in their waste because we don't have a
place to do it, but three point five million dollars ($3,500,000) of that was because people were coming from
outside of the City dumping their illegal garbage in my neighborhood.
Chairman Plummer. That happens to be true.
43 February 9, 1999
Ms. Willis: OK. When you ride into the City of Miami, when you come down off the expressway and the
tourists come here or anybody come here, the first place you get is in my neighborhood. It's like we've been
left out.. The government just allocated money to revise Overtown, to do the things Overtown, to do it in
Incorporated Dade. What about Little Haiti? Why were we left out? They told me that there was money in
the budget to beautify and to do something about our area, and we're being left out in the cold. I need you to
explain to me why.
Chairman Plummer: The City of Miami Police Department has created a new division for illegal dumping.
They've been making some great strides in that, and they've made any number of arrests. When people call
in, if you get licensed tag numbers and give them the information, that special force has been out and is
accomplishing.
Ms. Willis: Sir, may I say something to you? They have two.;people, two people in that task force, and
they're doing the best that they can. We need surveillance " cameras in our area. We need signs, "no
dumping" signs in our area. We need the holes filled up with dirt. We need things done. I understand
they're doing what they can with what they have but do you understand that they don't have enough? This is
what I'm saying. Pm not bashing them. I'm just letting you know that it's not enough.
Chairman Plummer. I hear you. I hear you.
Ms. Willis: OK.. So, these things — I have a list and I'd like to give it to you. I have pictures that I want you
to see of my neighborhood. It's very, very sad. This morning I spoke to the head of Public Works and this
was the comment that given to me when I left home. I spoke to a Mr. Tim Smith. He said, "Ms. Willis, I
got your phone call." I said, well, I called you about 56th Street and Northwest 1st Avenue. You know
what he said to me? He said, "the County takes care of the avenue and the City takes care of the street." Do
you understand that a house divided cannot stand? The only time this City works together is when we have
a crisis. When Hurricane Andrew was here, we worked like a well oil machine. The City has got to work
with the County and the State has got to work with you guys so that we can get the money to do things that
we need. What are we going to do? I want you to tell me where to go to get you what you need to help me.
He can't do it all by his self with two people.
Chairman Plummer: Well, the next item on the agenda, after you were here, is to help this City get 168
more policemen, and let me tell you, that's going to go a long way. So, you're asking the question, I'm trying
to answer.
Ms. Willis: Thank you, sir.
Commissioner Teele: Mr. Chairman?
Ms. Willis: The other thing I wanted to show you. Oh, I'm sorry.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Before you leave... • :
Chairmanr-Plummer: Would you — excuse- me. Would you give those photographs to the Clerk for the
record.
Ms. Willis: Yes.
44 1
-. February 9, 1999
Chairman Plummer: Mr. Teele... - . •
Commissioner Teele:_ Mr. Chairman, Ms. Willis, and the people that she's representing, have a legitimate
issue. I have — and.Chief Martinez knows =I have, Ms. _Willis, asked the residents of the Little Haiti area to
have a little forbearance. Little Haiti has gone through a very difficult transition — is going throughh-a very
difficult transition. The trash that you have complained about, you've not said as nearly as bad as it is, and I
think we all recognize that Little Haiti has been overlooked for far too long in terms of just code
enforcement. I would ask this Commission to take note of the fact that just two weeks ago we heard from
people from Little Haiti saying, "don't do code enforcement," so you can begin to understand what happens
when you are not enforcing so long... • - _ :. * s ' :.: . .
Chairman Plummer. Mixed bag.
Commissioner Teele: -And now you're beginning. Let me say this, we don't'even have a -NET office yet in
Little Haiti, OK. I mean, I have been working with Chief Warshaw and Martinez on this: • I mean, the
newspaper stories were full of Lieutenant — what's his name?. He's gone now? Lieutenant Eugene and how
his office was the back seat of his patrol car., I saw stories about that in -"The Herald." All you've got to 'do
is go to the existing NET office in Little Haiti and you know that Little Haiti has been under served and is
currently being under served, grossly.. Mr. Chairman, in addition. to what Ms:• Willis is saying, at 4719
North Miami Avenue, which goes back to this Avenue/Street issue, I happen to think that the gentleman
who you talked to this morning was well intentioned in Public Works, but he was probably talking you
know how you can talk to people and talk past each other. He was probably talking past the issue'that you .
were complaining about. There is some concurrent jurisdictions with the County and the City on some of
the avenues. Those avenues that are County roads and those avenues that are State roads, as opposed to
most of the streets that are City streets, but for. jurisdictional purposes, the City has total jurisdiction and you
don't have to go over to County Hall now and you don't have to — is that fair, Mr. Manager? . - . C. • ::
Mr. Donald Warshaw (City Manager): Yes, it is. .
Commissioner Teele: So, you know, it's not like we're not working together. I think there is — if there is a
big hole in, say, Miami Avenue, it probably is a County responsibility to do it but we take the responsibility
of ensuring that it gets done. So, there is — you don't to have go to three or four different places.' On 4719
North Miami Avenue, I want you, Chief Martinez, to take these pictures and pass them around. This was
taken within the last few days. This is the debris that she's talking about and it's systematic. It is all over
Little Haiti. It is worst in Little Haiti than it is anywhere in the City because for so long it's just been
abandoned and there's been no code enforcement. What the Chairman was saying is that, separate from the
Little Haiti NET office, there is a special enforcement division that is now working at, looking at
surveillance and other things. There was an interesting story last night on one of the networks about
surveillance and the ACLU (American Civil Liberties Union) is filling lawsuits to stop surveillance. Some
of this surveillance is pretty high-tech.
Chairman Plummer: Does that surprise you?
Commissioner Teele: But, at this point, I would welcome some high-tech surveillance'in the -Little Haiti
area. The only thing that I'm going to ask is that you give us a little bit more time to get our act together. I
think Chief Martinez and the Police Department, the NET office and the police are doing'a very, very good
job but, essentially, in Little Haiti, we're starting from all over new and the problems that you're pointing out
are very real problems and you certainly are at the right place and I hope you'll continue to come back and I
hope you'll give the new NET Administrator... >'
45 February 9,1999
Vice Chairman Gort: Biamby.
Commissioner Teele: Mr. Biamby and the NET Lieutenant a chance to sort of get their feet on the ground.
They literally don't have an office yet and, so, there are a lot of things that we've got to get done. They're
not set up. But I do know that Mr. Keane is also here supporting, I think — and Mr. Keane — with your
permission, Mr. Chairman — would you just like to say just say a word? I mean...
Mr. James Keane: If I could, please. Mr. Chairman.
Chairman Plummer: Brief.
Mr. Keane: Yes, sir. For the record, to clarify one thing, two of the people that were here a few weeks ago
for reductions in code enforcement are a member of this committee, Neighbors United, and strongly support
all of the activities of Ms. Willis. Ms. Willie has just not come before the Commission today to complain.
She's a hard-working, very grassroots activist. She's been working very closely with our new NET
lieutenant, Lieutenant Drane, who we all have the highest praise for. Lieutenant Drane has started — has
actually helped Ms. Willis organize this committee, Neighbors United, and brought people from both sides
of Miami and Little — both sides of Miami Avenue and Little Haiti together. They've been having regular
Wednesday meetings and, through a very innovative program, are about to start a major lot clear -up project,
using inmates from the correctional system. So, Ms. Willis is working very hard on this. We just need the
City's support. Mr. Biamby is doing the very best he can. As you said, he has no office. He has one NET
inspector. Our NET inspector left with notice and the City was still unable to provide an inspector. It's one
of the largest and most depressed areas that we're not getting the support we need.
Commissioner Teele: Mr. Keane, I just have to say this back to the Manager and it just gets back that these
NET offices are treated very unequally and there is no way - there is no justification - for the NET office in
Little Haiti not to have a detailed or five or six inspectors that have been detailed from other NET — its just
gone on too long and I would again appeal to you, Mr. Manager, to let's put together a task force. Now, a
week ago — two weeks ago we were hearing from people saying, "you doing it too much." And, s--, it seems
to me that we're doing something. But — and now we're hearing that we're not doing enough. But it seems
to me that somewhere over the next two or three months, certainly before the summer comes, that we really
have got to put a task force together and go in there and clean up Little Haiti and really do some real
surveillance. Because, as you come off of these expressways, it is an open invitation to dump because
there's trash all up and down the street.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I think the differences between the two groups, because I've talked to them, Buena
Vista has been declared a historical site.
Mr. Keane: Right. I'm a part of that group.
Vice Chairman Gort: Now, my understanding is, we had the same problem with the Congress building,
where we were trying to remodel that building. Historically, you're supposed to maintain the same structure.
South Florida Building Code is telling you, "no, you have to change the windows. You have to change
some of the doors." So, this is what the other group is talking about. We want to maintain a historical
houses but, unfortunately, the city inspector has not been trained to — on how to go — the procedure on how
to go to get the waiver of those requirements for South Florida Building Code. I think that's what they're
addressing. That's what I'd like to address. And my suggestion is,1 worked...
46 February 9, 1999
Mr. Keane: With respect..
Vice Chairman Gort: I've worked with both groups. I think you both are very good and you should get
together. T .
Chairman Plummer. Let me...
Vice Chairman Gort: Now, coming to the inspection part, let me tell you. Northwest 14th Avenue, for the
last 36 years Pve been traveling there, because that's where I live. We all know the sites where dumping
takes place, constantly. I know in Little Haiti, I know where. it takes place.: I know in my neighborhood, in
Allapattah, where it takes place. Guys, we've been saying that for a long time. Let's place somebody there
undercover and you're going to be able to pay him with all the fines you're going to be able to put there.
Chairman Plummer: Let me...
Vice Chairman Gort: Our people go by; they pick up the trash; immediately, right afterwards, they dump.
We know where the sites are. You talk to your NET — the people head of your NET and you talk to the
neighborhood. They'll tell you where each dumping takes place.
Chairman Plummer: Mr. Gort, you'll be happy to know that, as part of our program on the lot clearing,
which we hope to start in either the last part of March or the early part of April, there will be approximately
20 inspectors who will be out doing primarily lot clearing but it will also incorporate illegal dumping. We
are going to tell people who own vacant lots, you're either going to keep,them clean or we're going to do it
for you and we're going send you a bill and the bill's going to have a fine and we're going to do it every time
your lot exceeds 18 inches. You will be boasted and noticed once a year and, after that, were going to come
in there and we're going to do it for you. So, I think you're going to hear some big things coming as soon as
that equipment is here. That's the only hold-up we've got right now. And we will, in fact, be doing it
Thank you, Ms. Willis.
Mr. Keane: And the next — her next point was drug dealers.
Ms. Willis: Can I say one more thing?
Chairman Plummer: Yes, ma'am.
Ms. Willis: The abandoned building that I gave the pictures to...
Chairman Plummer: If you'll give us the address, we'll address it _.
Ms. Willis: Right. It's there, its there. The point 1 wanted to make — and this is just a suggestion OK. An
11 year old child got raped in that building but it wasn't on the news because it wasn't big enough but in my
neighborhood, it was big enough. It touched my heart. The point is, that the building is constantly — the
police can give you a list that long of the drug dealers, the homeless, the people -'living in it. Only one
abandoned building was demolized in the City of Miami last year. Over a hundred in Dade County.
Chairman Plummer: No, no, that's not true.
Ms. Willis: OK. Well, these are statistics which were given to me.
47 February 9, 1999
Chairman Plummer. Pve done three in the last month.
Ms. Willis: Three, OK. So, three.
Chairman Plummer: In my district..
Ms. Willis: The point Pm saying is that, why can't you do the same thing that you do to a drug dealer when
you take his property? When you catch him, do the — take the property and then demolish it or give it to the
City and do something with it.
Chairman Plummer: Your answer is simple, that you don't want to hear., You have to go before Dade
County Unsafe Structures Board, which takes anywhere from 18 to 24 months.
OL
Commissioner Teele: You have a Nuisance Board, don't you?
Chairman Plummer. Huh?
- -...-� - .. ..r}9:L•t xt;....,:t : i:. nu ti. , t {. Cty. :i?+red fit3ftTli(Sf,„--. Commissioner Teele: If she issayinj..'�
-XA it-ii:Ni)l WI i . !_/5 .t�i'js •-.
Chairman Plummer: Nuisance, you can do but to demolish...
Commissioner Teele: Wait, wait; wait.. But if she's saying that this ho 664 4s' one, the place %ihere° a rape
occurred and two, is a repeated - and Lieutenant Drane, help us out"— and is'r+epeatedly a place where drug .
deals are going down, that location::...
Chairman Plummer: Can be secured. -
Commissioner Teele: ... can be treated as a nuisance. ��^ • r
Ms. Willis: That's right.
Chairman Plummer: But she said demolition. That was a different story.
Ms. Willis: No. Well, whatever...
Commissioner Teele: Well, you can demolish it as a nuisance.
Chairman Plummer: I don't think so. Can't do it. All right, look, we know what the problems are. You
have heard the problems. The only question I really have is, why weren't these problems taken care of at the
NET level?
Vice Chairman Gort: Because they don't have?
Chairman Plummer: OK..
Ms. Willis: They don't have enough manpower. They don't have enough money.
.•� .,, . _ , . ;t;.ut � ;tom::;- .. ,
Commissioner Teele: They don't have the manpower, J.L. I mean, you know, the answer is real simple.
ChairmanPlummer: Well, excuse me. After — excuse me. Pm glad she's here.
48 - February 9, 1999
Commissioner Teele: I mean, I don't want to defend Chief Warshaw but the fact of the matter is, that they
don't have enough manpower and they don't have enough resources.
Chairman Plummer: I understand that, Mr. Teele. My question again is...
Vice Chairman Gort: Coconut Grove ?
Chairman Plummer: My question again is, they're here and after they have made their complaints and we
have listened to them, we still don't have the manpower.
Vice Chairman Gort: I have a suggestion.
Chairman Plummer. All right rm listening.
Vice Chairman Gort: We have no problem in Coconut Grove; move some of them over there.
Mr.- Warshaw: J.L.7 ;
Chairman Plummer: I hear you and. let's make some suggestions because I haven't heard one yet that
addresses the problem.
Mr. Warshaw: Commissioner, we've been working with...
Commissioner Teele: J.L...
Mr. Warshaw: We've been working with Mrs. Willis and Roger Biamby, the NET Administrator, John
Buhrmaster in my office, Lieutenant Drane, Raul Martinez, and I'd like them just to very briefly address
some 'of the things we've been doing in that area and things we've been in discussion with Ms. Willis about.
Chairman Plummer: All right. Hold tight. rm going to try to — anyone with Items 10 or more — Item 10 or
after, be back at two o'clock. There is no way that were going to get by noon beyond Item 10. Mr. Bloom,
do not leave, sir. I want Mr. McKay and Mr. Bloom to get together during the lunch break. All right. You
wish to make some comments?
Mr. Raul Martinez: Yeah. Raul Martinez, Assistant City Manager. I'll speak briefly about the manpower
issue. The gentleman is right. We had an inspector that resigned. We attempted to talk the inspector into
not resigning. We're in the process of putting two additional inspectors, assigned specifically to the Little
Haiti area. So, Little Haiti and probably Allapattah will probably be the only two in the whole city that are
going to have three inspectors. But you're right, Commissioner, we wish we could have some. And next
budget year we'll be requesting more inspectors, not just for Little Haiti but for the rest of the city. -
Chairman Plummer: That's the kind of answers Ms. Willis wants to hear
Mr. Martinez: And. we're also, as quickly as we get those Code Enforcement Aides — and we're
interviewing them as we speak — you know, we're going to add them to every service area so they can do
basically the leg work for the code inspector. The code inspector can have more time.
Chairman Plummer: And just for your information, we have created, if necessary, a second Code
Enforcement Board. Who else wants to speak? Mr. Buhrmaster. _
49 February 9, 1999
y_1
Mr. John Buhrmaster (Executive Assistant to the City Manager):.John Buhrmaster, City Manager's Office.
I met with Ms. Willis on Monday. She brought with her several of the people that are in attendance here
today. We addressed several of the issues that she brought to my attention, along with two additional letters
that she wrote. One to the Manager and one -to the Mayor.- I explained to Mrs. Willis — and 1 ran some
statistical information and I shared that with her at the meeting — that we have addressed those issues. We
are continuing to address those issues. We see that there is a problem there. We have stepped up the issues
since I met with her on Monday. Some of the issues of illegal dumping and the drug arrests that are taking
place in her neighborhood. The building that she's referring to, the abandoned building, it has already been
— its in the process right now and, as a matter of fact, its in the Law Department. The owner of the building
is an attorney and we're in the process right now of ?...
Chairman Plummer: Well, let me tell you what the City of Richmond, Virginia does, and I think you should
look into it. Raul? - ..._..:..
Mr. Martinez: _I'm here..
Chairman Plummer: Give him the copy of what was sent to us from, I think, Newsweek. We need to make
a sign, four by eight, in the front of that building, with the name of the attorney who owns that building, who
refuses to do anything, and is creating a. blight in the neighborhood, and publish his name out in front of that
building with a sign. That's legal. That's legal. And put it on Channel 9, instead of some of this hogwash
we've got on Channel 9, OK. Hello? (Applause). What, you like the hogwash or otherwise?
Ms. Willis: Mr. Chairman, can I ask...
..
Chairman Plummer: All right, come on. We've — Ms. Willis, you've got thirty seconds to conclude.
Ms. Willis: Can I ask just one more — thirty — one question. There was money allocated by the State to
build a park for the kids in our neighborhood. They don't have one. Who has the money and where is it and
why don't we have the park?
Chairman Plummer: Mr. Al Ruder would have to answer those questions. -
Commissioner Teele: Mr. Chairman? Mr. Chairman, that's just not correct, OK.' And I've listened — you
know, Ms. Willis, we need to all work a little closer together. Number one, this Commission hasn't given
Overtown one dollar but, as it relates to — we've given a commitment but no money. -
Commissioner Teele: This Commission held a public hearing, as a part of our budget,' and we are
petitioning the State, we're asking the State to give money for a park in Little Haiti. It was not a part of
Governor Chiles' budget. We're trying to get it into Jeb Bush's supplemental budget, but right now there is
no money for a park in Little Haiti and there will be no money for a parkin Little Haiti if we don't all work
together to get the legislative delegation to support that this year coming.
Chairman Plummer: Ms. Willis, I would appreciate you giving us a monthly report of what you see that has
been done differently. Send it to the Clerk or you can send it to my office and I'll distribute to the rest of the
Commission. Let's have a little report card on follow-up. • .. - • - ;- - ;;
Mr. Keane: Can I have the last ten seconds of Ms. Willis' time?
Chairman Plummer: Yes, you've got ten seconds.
50 February 9, 1999
Mr. Keane: Ten seconds. This is not just a Little Haiti problem. Ifs.not Lieutenant Drane's problem. It's
not Mr. Biamby's problem.
Chairman Plummer. Well, why are you taking our time?
Mr. Keane: This is the entire City of Miami. This is an embarrassment to the entire City of Miami. Your
district had three homes demolished. Good for your district. This is the City of Miami's problem, not just
ours.
Chairman Plummer: Sir, for your edification, Senator Daryl Jones has pledged to us that he will try to,
through State Statutes, create our own Unsafe Structures Board, which will give us the right to, most likely,
demolish in three to six months rather than 18 to 24.
Mr. Keane: And we appreciate your efforts... s' -
Chairman Plummer. And we're working on it, sir.
Mr. Keane: ...and we'll support you in any way we can. If we can do something -to support those efforts,
call onus. Thank you.
Chairman Plummer. Thank you. The gentleman in the back, do you wish ten seconds, sift
Mr. Ray Gibbs: I need more than ten seconds, sir.
Chairman Plummer: Well, sir, we're about to break., - I mean, if you've got something new to add on this
issue... - - - —
Mr. Gibbs: I got something new on the trash, you know, like...
Commissioner Teele: Your name and address for the record.
Mr. Gibbs: My name is Raymond Gibbs. I live at 522 Northwest 53rd Street, I live a couple blocks from
Ms. Willis.
Chairman Plummer: Right.
Mr. Gibbs: I'll be dealing with the Little Haiti NET, north side station. This is concerning the trash. I know
the police are going to need surveillance cameras to catch these people. And I also suggestion from the
neighborhood. The FBI, to track explosives, put tagiments on explosives so when they explode, they know
where it is. So, we thought it might be a good idea for all trash trucks hauling trash through the City of
Miami, people to rent trucks out, whenever they have trash on these trucks, maybe the City of Miami can
make these people throw some kind of identification tagiments in the trash. These people buy.the
tagiments; they're identified by them; when they throw the trash on the road, if the tagiments are in there,
they've got to pay for it, you know. That's — I've been trying to catch the trash people in our area and I know
how hard it is sitting out there hour after hour after hour after hour and the only way you going to be able to
get it, is get them on cameras. They have cameras now, you can plug it into your phone line, on a computer.
Set the camera out there and the cameras will go remote to the place where you've got your set set up to
watch it. So, if the City of Miami is going to deal with trash, they got to be high-tech because these guys are
dumping, you know, three; two o'clock in the morning, coming off the highway. Also, they're bringing dogs
51 February 9, 1999
down from somewhere. Outside the City of Miami, somebody's bringing hundreds of dogs in the
neighborhood and letting them out in the neighborhood, you know.
Chairman Plummer: All right, sir.
Mr. Gibbs: All right. Thank you.
Chairman Plummer. This City Commission is in adjournment until two o'clock. -
Vice Chairman Gort: Why don't we take...
Chairman Plummer We're — two o'clock.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:01 P.M. AND RECOVENED
AT 2:01 P.M., WITH MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. --
Chairman Plummer. Mr. Clerk, would you so inform the rest of the Commission that it is now two o'clock?
We would like to get this meeting started because that's the only way we get it completed. We had stopped
at Item 7. For the record,. we have withdrawn the following items: Item 16, 22, 23, 24,.26. If you ari a any
one of those items, well see you at the next Commission meeting. We have tabled for the Mayor to be
present later on Items 31, 34, and 37. I now have three Commissioners. It is two o'clock and we are
prepared to proceed...'
13. DISCUSS / DIRECT ADMINISTRATION TO HAVE POLICE ENFORCE SECTION 1-4 OF
CODE: CONSUMPTION RESTRICTIONS ON PUBLIC STREETS — FUTIER INSTRUCT CITY
MANAGER TO ADVISE POLICE RANK AND FILE OF SAME.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: If I could just address one item that is not on the agenda today.
Chairman Plummer: Mr. Sanchez, if you'll speak in the microphone, I can hear you.
Commissioner Sanchez: Just one item that's not on the agenda that I'd like to just have the opportunity to
speak to the City Manager and also the Chief of Police, if possible.
Chairman Plummer. Is the Police Chief here?
Mr. Donald Warshaw (City Manager): Yes. I just saw him.
Chairman Plummer: Mr. Police Chief, front and center, please. Where is he hiding?' "
Commissioner Sanchez: Well, we may not need the Chief.
;3 .
Chairman Plummer. All right. Well, he's on his way, Mr. Sanchez. _
Commissioner Sanchez: Well, we may not need him. I'm sure that somebody could pass the message along
52 February 9, 1999
Chairman Plummer. Mr. Police Chief?
Mr. William O'Brien (Police Chief): Yes, sir.
Chairman Plummer. To the podium, please, so that when Sanchez throws the rocks...
Commissioner Sanchez: I have no rocks to throw at that gentleman there. —
Chairman Plummer: All right. You have two minutes, Mr. Sanchez. Excuse me. This Commission meeting
is in session.
Thank you. Mr. Sanchez, you have the floor. : �,• ;,. ;
Commissioner Sanchez: Chief O'Brien, I just want to bring up an article that I was studying in the past and,
of course, my colleagues have had some concerns towards it, and it is the Article One in general, Section 4.1
dash — correction — 4-1 was the Consumption of Alcohol Restricted. It is an item that I had talked to the
City Manager and also yourself and the City Manager, concerning the ongoing problem that we have in our
city with a lot of people consuming alcohol in our streets. ,I had talked to some of the NET administrators
and some of the NET lieutenants, which have expressed concerns, that they had the understanding that that
law or the City Ordinance or City Code was no longer in the books. After further review and further study
and talking to the City Attorney, we have been informed that that section is still very active in our City Code
and which — at which time, I would ask you to, please address the rank and files of the Police Departrnent,
to continue to enforce this law. It is something that is very important; to our community because of the
ongoing problem with people, especially in District 3, of drinking in public. We have generated a lot of
complaints from merchants that continue to express their concerns with individuals consuming alcohol right
in front of their business establishments, just by walking up, getting a milk crate and a six pack of beer,
whatever other alcoholic beverage they may be drinking, and its been a concern. I know that Commissioner
Plummer has expressed that concern. I know he's also looking into the law that has been expressed here
today and, therefore, I ask of you to do whatever you can to make sure that the officers are aware that this is
an arrestable offense, a misdemeanor in the City Code. I know that Dade County has another statute and,
also, there is another — there's a statute — the Statute in — State Florida Statute on drinking in public. So, I
ask for you to, please make sure that you write a memo to the police officers to continue to clean the streets,
especially in the Little Havana area
Mr. O'Brien: Yes, sir, we're doing that. As you know, we were under the misinformation that, due to the
change in the Ordinance, that had been omitted and City Attorney, in an effort to rewrite or remedy that,
was able to research and find that, in fact, that still exists in the Ordinance, although it had been moved and
we are moving forward and are pleased to — please that that's there and it gives us that tool, which we had
had all along it turned out.
Chairman Plummer: May I offer, if I may?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Mr. Chief, I think that it's very important that each place that distributes alcohol —
some have the sign that say, "not to be consumed on premises by City Ordinance" so and so, would go a
long way requiring them to make those signs available.
Mr. O'Brien: We'll pursue that also.
53 ' ' February 9, 1999
14. AUTHORIZE ACQUISITION OF COMPUTERS, SERVERS AND RELATED EQUIPMENT,
SOFTWARE, TRAINING AND SERVICES, AND INTERNET SERVICES FROM UNISYS
CORPORATION, MICROSOFT, HEWLETT-PACKARD, DELL, COMPAQ, IBM, WAREFORCE,
INTERNATIONAL DEVELOPMENT ADVISORY SERVICES, INC., POWERNET, EXECUTRAIN,
AND OTHER VENDORS — FOR THE DEPARTMENT OF POLICE — AT TOTAL AMOUNT NOT
TO EXCEED $3,359,868 "rALLOCATE FUNDS - THEREFOR FROM THE "COPS MORE 98"
TECHNOLOGY GRANT.
Chairman Plummer: OK. We're going to skip down to Item 11 because its — the others are four/fifths and
I want to have Mr. Goct here. - ' -- : • : • . - -
Mr. Donald Warshaw (City Manager): You got four. = '
Chairman Plummer. But I want five. -• OK.: Item I I' is the acquisition of computer -related equipment.
Unisys, Microsoft — I mean, we, the people. For the total 'of three million three hundred fifty-nine thousand
eight hundred and sixty-eight. .';s.. r'c,f• . r;•. . ter:. -. - . -- -
Commissioner Sanchez:, That is a grant. I so move:
Chairman Plummer: `Moved by- Sanchez."' Seconded by Regalado. Is" there any further discussion?
Anybody wishing to address the item? Tell Mr. Longueira that we did not defer it.' All in favor say
The Commission (Collectively): Aye.
Chairman Plummer. Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption: ' - - r . t
RESOLUTION NO. 99-99
A RESOLUTION OF THE • MIAMI CITY COMMISSION
AUTHORIZING THE ACQUSITION OF COMPUTERS; SERVERS
AND RELATED EQUIPMENT, SOFTWARE, TRAINING AND
SERVICES, AND INTERNET SERVICES FROM UNISYS
CORPORATION, MICROSOFT, HEWLETT-PACKARD, DELL,
COMPAQ, IBM, WAREFORCE, INTERNATIONAL
DEVELOPMENT ADVISORY SERVICES, INC., POWERNET,
EXECUTRAIN, AND OTHER VENDORS, UNDER EXISTING
STATE OF FLORIDA CONTRACT NOS. 250-040-96-1, 250-050-97-1,
973-561-98-1, 973-890-98-1, 252-001-97-1, AND SNAPS CONTRACT
NO. 252733, AND MIAMI-DADE CONTRACT NO. 5965-2/02-OTR-
S W, FOR THE DEPARTMENT OF POLICE, AT A TOTAL AMOUNT
NOT TO EXCEED $3,359,868; ALLOCATING FUNDS THEREFOR
FROM THE "COPS MORE 98" TECHNOLOGY GRANT;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
54 February 9, 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:
NAYS:
ABSENT:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr. -
None. .
Vice Chairman Wifredo Gort .
15. AUTHORIZE ACQUISITION OF COMPUTERS, SERVERS, SOFTWARE, RELATED
EQUIPMENT AND SERVICES, AND INTERNET SERVICES FROM - UNISYS CORPORATION,
MICROSOFT, HEWLETT-PACKARD, DELL, COMPAQ, IBM, WAREFORCE, INTERNATIONAL
DEVELOPMENT ADVISORY SERVICES, INC., POWERNET, EXECUTRAIN, CENTRAL AUDIO
VISUAL, AND OTHER VENDORS — FOR THE -DEPARTMENT OF POLICE — AT TOTAL
AMOUNT NOT TO EXCEED $568,980.12 — ALLOCATE FUNDS THEREFOR FROM THE
COMMUNITY POLICING DEMONSTRATION CENTER GRANT, - ACCOUNT CODE NO.
142021.290496.6.940. -
Chairman Plummer: Item 12.
Commissioner Sanchez: Never turn money away.
Chairman Plummer: Is acquisition of also computers and software equipment and whatever else for five
hundred sixty-eight thousand nine hundred eighty dollars and twelve cents ($568,980.12j. Moved by
Sanchez.
Commissioner Sanchez: Wait a minute. Where is that money coming from?
Mr. Donald Warshaw (City Manager): It's a grant.
Chairman Plummer: Grant.
Commissioner Sanchez: Grant? So moved.
Chairman Plummer: And seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
55 February 9, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:.
RESOLUTION NO. 99-100
A RESOLUTION • - OF':' - THE MIAMI CITY COMMISSION
AUTHORIZING .THE. ACQUISITION OF COMPUTERS, SERVERS,
SOFTWARE, RELATED EQUIPMENT AND SERVICES, AND
INTERNET SERVICES FROM UNISYS CORPORATION,
MICROSOFT, HEWLETT-PACKARD, DELL, COMPAQ, IBM,
WAREFORCE, INTERNATIONAL DEVELOPMENT ADVISORY
SERVICES, INC., POWERNET, EXECUTRAIN, CENTRAL; AUDIO
VISUAL, AND OTHER VENDORS, UNDER_ EXISTING STATE OF
FLORIDA CONTRACT NOS. 250-040.96-1; 250-050.97-:1,; :973-561- _ ;;�"r y
98-1.; 973-890-98,4, 252-001-97-1, 880-001-98-1; SNAPS CONTRACT ;
NOS.. 252733, •- 9731254, ,; 973298, AND MIAMI-DADS` ,COUNTY -
CONTRACT NO. 5965-2/02-OTR-SW, FOR THE DEPARTMENT OF -
POLICE AT A TOTAL AMOUNT NOT. TO EXCEED $568,980.12;' .__
ALLOCATING FUNDS:. THEREFOR FROM THE COMMUNITY,':`
.POLICING DEMONSTRATION CENTER -GRANT,. ACCOUNT - , +_1! i'0i r0
CODE NO. 142021.290496.6.840; AUTHORIZING THE : CITY• � '` ' ;t "•�
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION- .,., ; .1 ; -
(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.
Chairman J.L. Plummer, Jr. -
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
0.
_
56 February 9, 1999
16. APPROVE SECOND READING --ORDINANCE: REPEAL" IN -ITS ENTIRETY ARTICLE XI,
DMSION 8, ENTITLED "HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ADVISORY
BOARD", CODE OF' THE CITY OF MIAIVII, FLORII)k AS AMENDED- — AUTHORIZE AND
DIRECT CITY MANAGER TO -TAKE WHATEVER STEPS ARE NECESSARY FOR THE CITY AS
ENTTTLEMENT : RECIPIENT --- OF-,' • HOPWA PROGRAM -"GRANT. - FUNDS TO JOIN AND
PARTICIPATE WITH' MIAMI-DADS - HIV/AIDS .: = FURTHER ' DIRECT CITY MANAGER TO
GROUP AND LIST TOGETHER RELATED ITEMS ON -COMMISSION MEETING AGENDAS —
FURTHER DISCUSS` -' AND DIRECT, ADMINISTRATION ' TO`� ENSUREMONITORING OF
EXPENDITURE OF $8 MILLION IN HOPWA FUNDS.",
Chainnan Plummer. Item 13. Mr. Manager, I've asked you before and Pm-gciiisg to ask you again. Inform
the agenda clerk that items that are of the same should, b_ a on one after another. If you see Item 13, it also
relates to Item 19, and I think that they should be put on the'agenda in bider d"tfiosef=''13 should have been
next to it, the 19. Do you follow what Pm saying?
...I :-. _ L. l. .. l la...l.. i. r :Y_ 4 �. ��.. • i,71i ::_�.0 C+i. yl 'a .. �:.
Mr. Donald Warshaw (City Manager): I believe the reason is that they put the Second Reading Ordinances
together. , ijCi.il�'nK ydne,.tl.l SF;
Chairman Plummer. But it relates to the same subject. : s'•:'a'iLL� ^ �+ `'p"` `
Mr. Warshaw: Ill talk to the Clerk: i r� r'_ i!i., :. ; N 6,i(, ;
- F ,•— ,. .�J re.J
Chairman Plummer: Item_ 13 is moved by. `A t•,% ivil r .;a:: ,, .
Commissioner Sanchez:' -Move. ' • ': ; r�`l r'E'
Commissioner Regalado: Second.
:s
Chairman Plummer: ...Sanchez. Seconded by Regalado.
Commissioner Sanchez: Hold on just a minute.
Chairman Plummer: All right. Does that mean you wish to speak,
hold on? r
Commissioner Sanchez: Yes, sir, it does.
Chairman Plummer: Thank you.
Commissioner Sanchez: There was a discussion last time this item was brought in front of the Commission,
where I believe that the Administration wanted to appoint somebody and I believe, Mr. Plummer, you
appointed me.
Chairman Plummer: That is correct, sir.
Commissioner Sanchez: Where are we at on that now?
Chairman Plummer: You've not been notified.
57 February 9, 1999
Commissioner Sanchez- Ihave not been informed of anything since...
Chairman Plummer. Ms. Warren will be in touch with you first thing tomorrow morning. OK. Mr.
Manager, in this subject over-all of HOPWA (Housing Opportunities for People with AIDS). - I was aware
of a memo that they'renot going to.be monitoring all canceled checks. I -am very concerned about that. As
you know, I have expressed on any number of occasions, that. we need to monitor eight million dollars
($8,000,000). Because we have a board there who are not full-time people. They're not professionals.
They are a volunteer board. I think you need to reconsider that and start monitoring with the best ability we
have. All right. Thirteen has been moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Mr. Alejandro Vilarello (City Attorney): It's an ordinance.
...�, ,.... ;,. •; .furl:,-' .�:. . .
Chairman Plummer. All — I'm sorry. It's an ordinance. Read the ordinance. Call the roll.
An Ordinance Entitled - - - ^ T
AN ORDINANCE REPEALING IN ITS ENTIRETY, ARTICLE XI, a
DMSION 8, ENTITLED "HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS ADVISORY BOARD," CODE OF, THE CITY :
IN ;
OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO TAKE WHATEVER STEPS
ARE NECESSARY FOR THE CITY AS THE ENTITLEMENT
RECPIPIENT OF HOPWA PROGRAM GRANT FUNDS To. JOIN • .
AND PARTICIPATE WITH THE MIAMI-DARE HIV/AIDS
PARTNERSHIP; PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of January 12, 1999, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11753
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. . - .
58 February 9, 1999
17. APPROVE SECOND READING ORDINANCE: AMENDING CHAPTER 13/ARTICLE IV, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT
IMPACT AND OTHER RELATED FEES/INTERIM PROPRIETARY AND GENERAL SERVICES
FEE" — TO PROVIDE THAT INTERIM PROPRIETARY AND GENERAL SERVICE FEE SHALL BE
PAID IN FULL PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY AND OF
COMPLETION AND COLLECTED BY THE DIRECTOR OF PLANNING, BUILDING AND
ZONING DEPARTMENT — FURTHER AMENDING SECTIONS 13-138, 13-139 AND 13-144 OF
SAID CODE.
Chairman Plummer: Item 14, Development Impact Related Fees: It is a second reading. Moved by
Sanchez. Seconded by Regalado. Read the ordinance.
Mr. Alejandro Vilarello (City Attorney): Before I do that, Commissioner, I want to note for the City Clerk,
for the record, that, at_the last Commission meeting, there was the addition of the words Certificate of
Completion and is not in this draft but I will read it into the ordinance. -
Chairman Plummer. That will be� fine, sir. Motion understood? Let the record reflect no one came forth to
speak on this issue. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 13/ARTICLE IV, OF THE CODE OF THE -
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"DEVELOPMENT IMPACT AND OTHER RELATED
FEES/INTERIM PROPRIETARY AND GENERAL SERVICES FEE,"
TO PROVIDE THAT THE INTERIM PROPRIETARY AND
GENERAL SERVICE FEE SHALL BE PAID IN FULL PRIOR TO
THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY ' OR
CERTIFICATE OF COMPLETION AND COLLECTED BY THE
DIRECTOR OF PLANNING, BUILDING AND ZONING
DEPARTMENT; MORE PARTICULARLY AMENDING SECTIONS
13-138, 13-139 AND 13-144 OF SAID CODE; CONTAINING' A
REPEALER PROVISION; A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting January 12, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote: -
59 February 9, 1999
AYES:. . ; Commissioner Tomas Regalado '
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11754 . .
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.
18. APPROVE SECOND READING ORDINANCE: AMENDING .SECTION 2-612, ARTICLE V. OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE-), ENTITLED
"CONFLICTS OF INTEREST — TO ALLOW EMPLOYEES- OF, --.THE, CITY -OF NIIAMI TO
PARTICIPATE IN COS DEVELOPMENT BLOCK GRANT:ASSISTED SINGLE FAMILY
REHABILITATION LOAN PROGRAM WITHOUT SEEKING WAIVER.
Chairman Plummer: Item 15 is a second reading on a conflict of interest about City employees being able to
be involved in the single family rehabilitation loan program. Moved by Regalado. Seconded by Sanchez.
Read the ordinance. Anybody wishing to speak on Item 15? Let the iecoid reflect no one came forth. Call
the roll. _ ,...
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 2-612, ARTICLE V OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "CONFLICTS OF. INTEREST", TO
ALLOW EMPLOYEES OF THE CITY OF MIAMI TO PARTICIPATE
IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
ASSISTED SINGLE FAMILY REHABILITATION LOAN PROGRAM
WITHOUT SEEKING A WAIVER THEREFOR, SUBJECT TO SAID
EMPLOYEE MEETING CERTAIN CRITERIA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of January 12, 1999,' was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Regalado, seconded by Commissioner Sanchez, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
60 = February 9, 1999
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele; Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11755
The City.Attorney read the ordinance into the public record and announced that copies
were availableto the members of the City Commission and to the public.
19. APPROVE FIRST -READING ORDINANCE: AMEND SECTION 22-12 OF CODE OF CITY
ENTITLED "WASTE FEES," — REPEAL ASSESSMENT OF SUPPLEMENTAL- WASTE FEES
UPON CERTAIN ESTABLISHMENTS, AS SPECIFIED- ' HEREIN . AND PROVIDING__ FOR
RETROACTIVE EFFECT OF CERTAIN PROVISIONS.- -
Chairman Plummer: Item 17 is my item, which I had put on at the behest of the Brickell Homeovimer's and
all of the condominiums in there.
Commissioner Regalado: Move it.
Chairman Plummer: Moved by Regalado. Seconded by Sanchez. Read the ordinance. Anybody wishing
to speak to the issue? Let the record reflect no one came forth. Call the roll. .
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING SECTION 22-12 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "WASTE FEES," BY
REPEALING THE ASSESSMENT OF SUPPLEMENTAL WASTE
FEES UPON CERTAIN ESTABLISHMENTS AS SPECIFIED
HEREIN AND PROVIDING FOR RETROACTIVE EFFECT OF
CERTAIN PROVISIONS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and
was passed on first reading, by title only, by the following vote:
61 February .9, 1999
.%
AYES: Commissioner Joe Sanchez -
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
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.
20. AUTHORIZE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT (WITH
ANCHOR MARINE OF MIAMI, INC., ("LICENSEE- :. _=- FOR MONTH -TO -MONTH USE OF
PROPERTY LOCATED AT APPROXIMATELY 971 _NW 7 . STREET, _-:._FOR PURPOSE OF
SECURING AND . OPERATING AN ADJACENT' PARKING FACH1W, FOR LICENSEE'S
BUSINESS LOCATED AT 961 NW 7. STREET • FURTHER INDICATING ' THAT ANCHOR
MARINE, INC. AGREED TO GIVE CITY A SLIP FOR MARINE PATROL USE.
Chairman Plummer. Item 18 is a resolution in reference to Anchor Marine, using a piece of City property at
971 Northwest 7th Street. Mr. Sanchez, it's your district.
Commissioner Sanchez: Yeah, and you were in my district negotiating. So moved.
Chairman Plummer: Moved by Sanchez.
Commissioner Regalado: Second. -
Chairman Plummer: Seconded by Regalado. Excuse me. Mr. Manager, I did go to visit with these people
and they, very nicely, agreed to giving the City a slip, undercover, for the terms of the conditions existing
for the same time as this lease for the Miami Marine Patrol, and it will be available to them since we are
going to be talking about having a marine patrol in the river. And Mr. Sanchez...
Commissioner Sanchez: You see that? He comes in my district, negotiates
Chairman Plummer: Well, I was just trying to help you out. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
62 February 9, 1999
,or
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-101
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
WITH ANCHOR MARINE OF MIAN% INC., A FLORIDA
CORPORATION, ("LICENSEE") FOR THE MONTH -TO -MONTH
USE OF THE PROPERTY LOCATED AT APPROXIMATELY .971
N.W. 7 STREET, MIAMI, FLORIDA, FOR THE PURPOSE OF
SECURING AND OPERATING- AN •, ..ADJACENT •...PARKING : • _ -
FACILITY FOR LICENSEE'S BUSINESS LOCATED AT 961 NW 7
STREET; SAID AGREEMENT STIPULATES. TRAP LICENSEE
SHALL:1) PAY THE CITY AN ANNUAL SUM OF $5,000 FOR SAID
USE, 2) PROVIDE DOCKAGE FOR ONE CITY OF M AMI MARINE
PATROL VESSEL AT NO CHARGE, 3) PROVIDE A - SECURITY7.'
DEPOSIT IN . THE AMOUNT OF $1,250, , PLUS OTHER
CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE
ATTACHED AGREEMENT.
(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.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
21. TABLE TO LATER IN SESSION CONSIDERATION OF AGENDA ITEM I SA (APPROVING
ASSIGNMENTS OF THE. INTERESTS OF MIAMI TOWER ASSOCIATES LIMITED
PARTNERSHIP AND MIAMI RETAIL ASSOCIATES LIMITED PARTNERSHIP FOR PROPERTY
KNOWN AS NATIONSBANK TOWER LOCATED AT 100 SE 2 STREET). — SEE LABEL 56B.
Chairman Plummer: Eighteen -A. Why are we having "A" and "B" again, Mr. Manager? ' You're limited to
60 items. Who is going to speak to 18-A?
Ms. Laura Billbeny (Director, Asset Management): Laura Billberry, Asset Management. Miami Tour and
Miami retail are requesting a consent to an assignment, an execution of an estoppel in order to sell their
interest in the lease hold.
63 February 9, 1999
Chairman Plummer: And what does the City benefit by approving this?
Ms. Billberry: We will remain the whole — I mean, it will continue to have the same terms and conditions
under... _ • . -
Chairman Plummer:. What did you negotiate fiuther forthe City?
Ms. Billberry: There is nd additional transfer that we get to share in any proceeds.
Chairman Plummer: What did they volunteer?
Ms. Billberry: They have not volunteered anything:
Chairman Plummer:..' Ah,'Sandy:".rm listening for volunteerism: '"Y. -A
Commissioner Sanchez! Volunteerism.'//„'t'jj. .. -_ " `' - ,- fill
r• .'7'.' f �.%t.- .�. -,� f/i.rG .�. J'1S`�C
Mr. Santiago Echemendia! Commissioner, I'm not sure that there ' is anything to` volunteer. Nothing has
been raised. This is just a consent to the assignment of the=Air Rights lease and the Retail lease. We're
representing the purchaser, Reines and.Kalpers, which is a pension fluid, and we need your consent before
the 15th in order to finalize the transaction. We went before DOSP (Department of Off-street Parking) last
week and they recommended for approval on this."t a t .
Chairman Plummer: This is in my-distria
Mr. Echemendia: It is in your district, sir. -' - . • f __ - _.
Chairman Plummer: Yes. And a deferral?
Mr. Echemendia: A deferral would potentially unravel the deal, so we would urge you to approve this,
subject to confirmation by staff.
Chairman Plummer: And what are you volunteering?
Mr. Echemendia: We're not volunteering anything, as of yet. Do you have anything in mind?
Chairman Plummer: I think that you ought to talk with Dena. Yeah, we'll bring this back in about an hour
Mr. Echemendia: You are kidding, right? _ ..
Commissioner Sanchez: I don't think so.
Chairman Plummer: Does it look like I'm kidding.
Echemendia: All right.
Chairman Plummer: Speak with Dena and well bring it.back later._
Mr. Echemendia: I'll visit with Dena. OK, thanks
64 February 9, 1999
Chairman Plummer: OK. All right.
[Note for the Record: Item 18-A was tabled for later in the meeting]
22. (A) ALLOCATE $1,000,000, TO MIAMI-DADS COUNTY, OFFICE OF COMMUNITY
SERVICES (SERVICE PROVIDER) — FOR PROVISION OF SHORT TERM HOUSING
ASSISTANCE TO LOW INCOME PERSONS LIVING WITH HIV/AIDS IN MIAMI-DADS COUNTY
— ALLOCATE FUNDS THEREFOR FROM THE FY 1998 HOUSING OPPORTUMTIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT, ACCOUNT NUMBER
194006.590606.6860.94654.
. (B) DISCUSS / DIRECT ADMINISTRATION TO HAVE WORKSHOP IN CONNECTION WITH
EMPOWERMENT ZONE — FURTHER .URGING CITY MANAGER TO INCREASE CITY
PRESENCE ON EMPOWERMENT ZONE &METINGS AND TO MAKE CITY COMMISSIONERS
AWARE OF PROCESS.
Chairman Plummer: Nineteen, one million dollars ($1,000,000) short-term housing assistance for the
HIV/AIDS.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez.
Commissioner Regalado: Second.
Chairman Plummer. Seconded by Regalado.
Commissioner Teele: Question.
Chairman Plummer: Mr. Teele.
Commissioner Teele: What are we doing here, Commissioner Sanchez? I mean, what does this purport to
do?
Mr. Jeff Hepburn: Jeff Hepburn, Assistant Director for Housing. What we are doing here is awarding a
million dollars ($1,000,000) to Dade County. And, basically, what those funds are used for is to provide
short-term rental assistance to people living with AIDS (Acquired Immune Deficiency Syndrome). Its
about a six month potential — it will be assisted.
Commissioner Teele: So,, we're going to give Dade County a million dollars ($1,000,000) and, then, they're
going to turn around and give it to other people?
Mr. Hepburn: They're going to administer the program, that's correct.
Chairman Plummer: Well, I think it needs to be clear. All of the money came to the City and, in return, we
control what goes out to the remaining portion of the County. I think that makes it a lot clearer.
Mr. Donald Warshaw (City Manager): We are01he depository for all the funds that we ?
Chairman Plummer: That's why I am so concerned about the monitoring. It's going to be somewhat out of
65 February 9, 1999
our hands. You know, Mr. Teele, the Empowerment Zone, this is the same ball of wax.
Commissioner Teele: J.L., look, I'm going to be honest with you. If the City's not mature enough, if we
don't have the wherewithal to do it, we ought to delegate it but nobody says that. And what — you know, we
just — we went through this stuff about the Water and Sewer this morning. The City of Miami has its
history of giving away all of its resources, all of. its authority, all of its dollars to the County..Thaes a good
thing if we don't have the ability or they have more ability but we need to understand that and we need to
say what we're doing here. In Item Number 13, which we just approved, it seems to me that we just, by
Ordinance — it doesn't use the word grant. It talks about planning,'you know. But what we're doing here is,
we're continuing down this 30-year track that we've been on, J.L., of giving away more and more and more
and more to the County, and I have no objections to that, if the County has a better perspective and a better
network in delivering these funds. But what is it the County's .going to do that we can't do? What is it the
County is going to do with a- million dollars ($1,'000,000) that we .can't. do . with a million dollars
($1,000,000)?
Chairman Plummer. All right..,Ms. Warren. _
r
Ms. Gwendolyn Warren (Director, Community Development): Yes, sir.
Chairman Plummer. Briefly.
Ms. Warren: Very briefly. As the Manager indicated, because the City of Miami is the largest city in Dade
County, by legislation we are the recipient of all of the HOPWA (Housing Opportunities for People with
Aids) monies for the entire county. As a result of an approved RFP (request for proposal) process, one of
the programs that we operate under HOPWA is a Rental Assistance Program. The County submitted an
RFP to do the Rental Assistance Program on a countywide basis and our advisory group recommended it
and, also, they have the mechanism which to do the billings. It is approximately four thousand checks a
month and they send them out, both the payments and the utilities.
Chairman Plummer: Well, Commissioner...
Commissioner Teele: What's the administrative fee we're paying the County, if any?
Ms. Warren: They would be eligible up to seven percent.
Chairman Plummer: Seventy thousand dollars ($70,000). Well, let me tell you, Dena came up with a great
things before — and this is where my concern is. - . , -
Commissioner Teele: J.L., before you do.
Chairman Plummer. I'm sorry.
Commissioner Teele: What is the amount of money that the Federal government allows them to take from
the FAA (Federal Aviation Association) to oversee that four hundred million dollars ($400,000,000) that
they get a year?
Ms. Warren: I'm song?
Commissioner Teele: The overhead. We're talking about the seven percent?
66 February 9, 1999
Ms. Warren: The seven percent is the maximum administration they can use from the grant the City is now
giving them.
Commissioner Teele: OK. And what I'm saying is that the FAA gives the County a percentage to
administer the four hundred million dollars ($400,000,000) of FAA funds. What is that overhead rate?
Ms. Warren: We're not involved in the FAA.
Commissioner Teele: It's four percent.
Ms. Warren: As I indicated, they can use a maximum of seven percent.
Chairman Plummer: All right. The only point I wanted to make, when you start giving this money away, all
right, Dena came up before and brought home to the fact that, in the City of Miami, for rehab or for
purchase or whatever, if people with apartment houses dedicate 20 percent of those units to HOPWA AIDS
victims, they can tap into these funds for untold amount of monies. --Has to be approved. But I think
Commissioner Teele's idea here, the more you give away, the less you have to operate within the city. And 1
think it's very, very important that we try to do as much as we can in the city with those monies and
especially in rehabbing and things of that nature. Mr. Sanchez.
Commissioner Sanchez:' But, Mr. Chairman, let me just try to explain something. And they know more
about this than I do. I've just been doing a little homework on it. Metro, -in the past, has implemented
programs. They're way, way ahead of us. Way, way ahead of us. For us to start the program now, we'll be
spending more money. So, it's — I think its in the best interest of the city, maybe not turn the money over to
them, but were going to have to do it because the programs that they have established now, if we were to
start them now, we — money would go much faster. They have — we have put the money — the money that
we've gotten, we've put away, put away, put away, put away. We've never used it.
Ms. Warren: Just to...
Chairman Plummer: Quickly.
Ms. Warren: ...echo Commissioner Plummer's point. What you were talking about is our Construction
Program. Under HOPWA we're allowed to build houses, as well as provide rental and utility assistance.
Again, it's a countywide program inside the City of Miami. We are looking at leveraging and making it a
part of our construction dollars.
Chairman Plummer: Very well. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
Commissioner Regalado: Mr. Chairman, just a.question to the administration.. -
Chairman Plummer: Yes, -sir.
Commissioner Regalado:....now that we have Gwen Warren. On February 1" I sent a memo asking details
about the Empowerment Zone. As a matter of fact, I have the page of the record showing that you said that
the City of Miami has 74 percent of the area, the impacted area. In that memo I asked, you know; what
67 February 9, 1999
'�:l:taL'.f'y ;-. - Yam• _ ,a'v�r�.`
steps are we taking to get, if not 74, 73 percent of the monies that well be using the Empowerment Zone?
But I have not received any answer as of yet. _
Chairman Plummer. OK.' Would you furnish him an answer, please? - r
Ms. Warren: Absolutely.
Chairman Plummer. In writing.
. WO,
Commissioner Regalado: When?
Ms. Warren: We're working on >it. You'll have it before the week is out.
)
Commissioner Regalado: Tm.sorry?o: Y+:ii i.�.... �. l:�i:,, fry=,:. ;,. .� ,� -4L ,n;._.�
JV v)
• iY.+r i1 ^,"�C77�i`�y .t�..+�,
Ms. Warren: You'll have it before the,'week is Out:':'T r "if
- ,
'.l'wt-ain ri, trli:[i Ulan iar5t .�:i! . ,qi::1J;
+ Soh : i`J.1Qt :Lil ,. 1•l
Chairman Plummer. Before week is:Out
• .. � .__ '• .�1L�:-it'. `::'ti !ff [�.ii a s.�►Y fliitc::F. ,,a,�r� p_.�F =: )' .
Commissioner Regalado: Before the week is out?
- ;,'�. .:a1T`�`.`..:�' � ':�C+tfZY� 'i"t'a'i ic:.i' "'�: ' _ .r!'.`9iri:I,7i..a . i�(s, .3!?� • '-:s:1 $ � 'izz+:l:r %;>�ti:,:. S
Chairman Plummer :Yes, Sir.,•,•'^:.: ti nz, l. E: 'tm 31V5 t ri�.+s
- .':�. ..1!T !'{!.'.. _ �." -p' .r'✓� J..'�.: '� ._1'. rf .7. .-1'.w�i.. .. ir':3 +:%i�.i ... ]ta�l"
Commissioner Regalado: But I don't understand: Why does it take they were basic questions:, And, is it a
deadline now for...•, . �::�r_ _ ,,..►; s _. " _ .'_ .', ::..3 s
.:' - QJ.:1: ,.. �; .-, iVl 'l::e't�±'i - .'fi _J.M:!' .:�.`•t!` 1'y(,S.-
Mr. Warshaw: Commissioner,yI send out to the Mayor and to all the Commissioners" a rather extensive
executive summary of what happened ?...
Commissioner Regalado: And because I read that, I sent that memo.
Mr. Warshaw: Right. And what Gwen is telling me, there was a follow-up memo land I believe it's due to
you by Friday, which answers those specific questions, if we're talking about the same one. ru •not sure.
Ms. -
Ms. Warren: I think we are.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, you know, when Commissioner Gort raised this issue, I think, two
Commission meetings ago, that was in response to the announcement.: We had agreed -= at least the
Manager had agreed that they would, at the next meeting, which was the last meeting, give a detail briefing
to the Commission on the Empowerment Zone. I would just renew -Commissioner Gorfs request again and
urge that a full briefing, not only for the Commission but for the public, and that we just take our time and
even if it's sort of a workshop, Mr. Manager — I think, you know, we're begging to -"create problems Or
questions just based upon the fact that, you know, all sorts of agreements, apparently, have been reached.
Apparently, the City has reached an agreement with the County and on, you know, `who the corisul6ifs are
going to be. And, you know, that's fine and I support those decisions but I think orie; th6se'decisions should
be made in the sunshine .and two, I think that those decisions, particularly, should be' presented' to the
68 ` ` February 9, 1999
Commission. I mean, you know, were not potted plants.:- At least rm not. And I certainly feel that the
Commission should have some -say so or some input into the process, and I fully support, to my knowledge,
the decision of Ms. Cunt' being named as the lead consultant, you know, for this process that apparently has
been done, notwithstanding the fact that no RFP (request for proposal) was issued or anything else. But I
think, you know, for once, you know, the County really is trying to move an agenda forward but I think what
we're going to wind up doing is having unnecessary debates and discussions if were not all brought up to
speed. And I yield to Commissioner Gort, having taken the floor from Commissioner Regalado, because I
think this issue — you know, we cut off this debate before because I felt that the discussion was not going to
be healthy but, again, we're two weeks — two Commission meetings into this and we still haven't gotten that
public presentation.
Vice Chairman Gort: Let me tell you what happened. The other day there was a presentation by the County
staff and the Mayor, and I think, towards the end, I was there present and Commissioner Sanchez had
representatives present. I think towards the end somebody from the City showed- up. I don't know. But, at
that time, my understanding is, this is a board -that needs to be made up. That board's composition — and I
don't know if you explained that already.
Ms. Dena Bianchino (Assistant City Manager): Well, we did explain- it in a memorandum to the
Commissioners, as requested. I will tell you that the initial articles of incorporation for the Empowerment
Zone 501(c)3 are being filed now. The initial incorporators are the Mayor of Miami, our Mayor, Mayor
Penelas, the Mayor of Florida City, and the Mayor of Homestead. They are the incorporators of this group.
Once that non-profit gets formed, the County is no longer the point person on this. It's the incorporation.
And the Board of Directors is comprised according to a formula where we get to elect people from the City.
There's appointments. And we will be pleased to present you with a full dog and pony show at our next
Commission meeting to give you all the details:
Vice Chairman Gort: This is what I need. And I understand because I was there, and they explained the
whole corporation, how it's going to work and all that. What I need is — and, Don, you did send me two
books that way, which, unfortunately, I don't have the time to read, which is the whole application. What
we need to know, so we can inform the people — because this is the statement that I made there when 1
spoke in front of them — we need to inform the individuals — the reason being, a lot of people think millions
of dollars are going to be coming in and they're just going to be grabbed There's a need for them to
understand there's a procedure to be followed; how that procedure's going to work; who's going to be
involved; how much of the private sector involvement there is in there. And I think it's very important that
we get an outline because I'm getting calls from individuals thinking "rm going to get so much." So, its
very important that we understand what are the procedures and where they're going to be taking place. And
I understand we just going through that right now, but that's going to be very important for all of us.
Mr. Warshaw: 1 will make sure, Commissioners, that, as we move forward, every time an event takes place,
that you're not only made aware of it but that you're also made aware before they take place. So, what the
process is. But you're right, the incorporation has not taken place yet.
Vice Chairman Gort: Right. But the next time there's a meeting, rd like to have some more people from the
City represented there.
Mr. Warshaw: We have put together — and I have designated Erdal Donmez, who is Director of Real Estate
and Economic Development, to be the point person on the Empowerment Zone. We're going to put together
a mini task force with people to back him up, who will basically be assigned to this project from now until
its conclusion, which will be years and years down the road.
69 February 9, 1999
Vice Chairman Gort: Because let me tell you, Mr. Manager. If we use this wisely, a lot of the areas that
have been designated for years for economic development, did not take place because they had technical
assistance but never had economic assistance, like they would have right now.- And this is a chance to really
— some of our -neighborhoods, like Wynwood,•-Allapattah, and Model City, to really get some factories
going, some industries going there, because the incentive - = technical and economic are going to be
available.
Chairman Plummer: Did we call the roll? ..:. ' .
Vice Chairman Gort: What are we voting on?
Chairman Plummer: On 19.
Mr. Walter.Foeman (City Clerk): I don't think >t
Chairman Plummer. We did.
The following resolution was introduced by Commissioner Sanchez, who -moved -its'
adoption: ,
J RESOLUTION NO. 99-102
A RESOLUTION . OF.: -THE : MIAIVII CITY: COMMISSION- -' Y
ALLOCATING FUNDS, IN THE AMOUNT OF $1,000,000.00,, TO
MIAMI-DADS COUNTY, OFFICE OF COMMUNITY SERVICES
(SERVICE PROVIDER) FOR THE PROVISION OF SHORT TERM
HOUSING ASSISTANCE TO LOW -INCOME PERSONS LIVING
WITH - HIV/AIDS IN MIAMI-DADS; COUNTY; ALLOCATING
FUNDS THEREFOR FROM . THE - -• FY 1998 - HOUSING .
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM GRANT, ACCOUNT - NUMBER
194006.590606.6860.94654, FOR THE PROVISION OF SAID
SERVICE; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS,- IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECT SAID
ALLOCATION AND IMPLEMENT -THE PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote: -
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez -
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr. '
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
70 February 9, 1999
23. (A) APPROVE EMERGENCY ORDINANCE ESTABLISHING INITIAL RESOURCES AND
APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED DISTRESSED
NEIGHBORHOODS GRANT PROGRAM — ACCEPT GRANT FROM U.S. DEPARTMENT OF
JUSTICE TO HIRE 68 POLICE OFFICERS.
(B) COMMENTS REGARDING EXPRESSING COMMISSION'S GRATITUDE TO
CONGRESSWOMAN CARRIE MEEK FOR EFFORTS ON BEHALF OF CITY IN CONNECTION
WITH DISTRESSED NEIGHBORHOOD PROGRAM.
(C) DIRECT ADMINISTRATION THAT NET OFFICES RESTRUCTURING SHOULD TAKE
HIGHEST PRIORITY — COMMENTS REGARDING COS SERVICE REPRESENTATIVES
ASSIGNED TO NET AND TO LOT CLEARING FUNCTION.
Chairman Plummer. All right. W. Gort is now present. We'll go back to Item 7. On these next — Oh, I'm
sorry. Item 17 is going to be deferred until the next meeting.
Note for the Record: Item 18-A was deferred until February 23, 1999
Mr. Santiago Echemendia: Eighteen -A, Mr. Chairman. =
Chairman Plummer: All right. Thank you, sir.
Mr. Echemendia: Thank you.
Chairman Plummer. All right. Item 7. I would like the pleasure of moving that.
Commissioner Sanchez: Which item is that?
Chairman Plummer: Item 7. We'll go back and pick up the four/fifths votes. I move Item 7. It's an
Emergency Ordinance.
Vice Chairman Gort: You can't move it.
Commissioner Sanchez: Second.
Chairman Plummer. I moved it and seconded by Sanchez.
Vice Chairman Gort: You can't move it.
Chairman Plummer: Shut up.
Vice Chairman Gort: You're the Chairperson.
Chairman Plummer: Read the ordinance. Mr. Gort has a question.
Vice Chairman Gort: My understanding is, with this grant, well be able to bring additional 168 police
officers. This grant will make payments — payroll payments for three years?
Mr. Donald Warshaw (City Manager): That's correct.
71 February 9, 1999
Vice -Chairman Gorr What happens in the fourth year?
Mr. Warshaw: There is no funding for the fourth year, so what's going to... ,
Vice ChairmanGort: No, I understand that. That's — is that going to be within our budget, that we're going
to be able to absorb 168 officers?:..
Mr. Warshaw: And, Commissioner, as we have done, with past Federal grants, we have to manage these
funds with attrition to ensure that; if we don't have the ability with the general fund four or five years from
now, as these officers come on board, that natural attrition will take us back to whatever level general funds
budget allows.
Vice Chairman Gort: OK.. Thank you. I just want to make sure we do that.........
Chairman Plummer. OK. Before we call the roll. Mr. Manager, we need to send a great bunch of flowers
and a "Thank You" note to Carrie Meek. Carrie Meek was the one ,who really. brought_ the bacon home.
Where this was supposed to be a dollar for dollar matching grant, because of the financial condition of this
City, she was able to get all of the money, without any matching money, for the City of.Miami. And let me
tell you something, we owe her a big, big thank you. Any further discussion'?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The issue that Commissioner Gort raised is one that no one's going to turn down
twenty-five million dollars ($25,000,000).
Chairman Plummer: Of course.
Commissioner Teele: But Federal programs have a way of, as they used to say in Washington, "getting you
a little bit pregnant." Just a little bit. Do we have a new Five -Year Plan as — a Five -Year Plan as a result of
this grant? I mean, I've not been able to see it. And I hear what we're saying but the last time I looked — and
this is the concern. The fire and police public services are continuing to squeeze out all none uniform
people and, I mean, you know, may not be popular for the Union to hear me say this, at least two of the
Unions, but somebody ought to be expressing a concern, Mr. Cox. Because, as you look at the pie chart of
the various departments, every time you add more police, more fire, you're squeezing out the non uniform,
and there is going to come a point where we're going to have to say, "we cannot say afford anymore grants."
We cannot afford it. Because, at the end of the day — rm telling you, in the fourth year and the fifth year —
and we can talk about attrition — but it's going to be less money for parks, less money for the -various
programs that we all recognize that we need. And, certainly, nothing demonstrates more than this John Doe
situation the need to have good law enforcement and law enforcement that can work in a federal,
cooperative mode. And, I mean, Chief O'Brien, you all deserve a lot of credit, you know. You identified
ex -number of people and you picked up all "x" and, I mean, that's a remarkable statistic anywhere in an
urban environment but rve got to tell you, I don't know if we can afford any more of these grants. The
manpower of the Police Department now is at what number? s
Mr. Warshaw: About eleven hundred.
Commissioner Teele: Eleven hundred. And wherewas it last year?
72 February 9, 1999
Mr. Warshaw: Ten -forty, ten -fifty.
Commissioner Teele: And three years or four years — three or four years ago?
Mr. Warshaw: It's been in the area of nine seventy-five.
Commissioner Teele: I thought it was about nine -fifty, nine seventy-five.
Mr. Warshaw: In that area +
Commissioner Teele: So, what we're saying here is that were continuing to move this number up and 1
think that is the right approach, but I'm not sure if we have not taken on as much as we can absorb because,
remember, at the end of the day, we've got to pay, for these people and their police equipment, their cars.
And 1 know the Union has been very cooperative in spreading out the min — the replacement — minimum
number of replacement years. Taken that from what, three to five years or five to seven years?
Mr. Warshaw: Five to seven.
Commissioner Teele: And I think that's a tremendous statement on the part of the men and women of
uniform but I really do think, Chief Warshaw — Manager Warshaw, that we've got to be very careful as we
move down this road any further about getting these grants because there's going to be a point and time
where we're going to basically wind up having to eliminate people. And the only other point, Mr.
Chairman. You didn't let me make it this morning but I really do think that, you know, the meeting had
gone on long enough. Somewhere along the line, from the previous Manager through this Manager, we
have continued to say that our number one priority, as a city, is NET (Neighborhood Enhancement Team)
and the community policing that goes along with that; yet, Chief, we continue to come up and say "we have
a manpower shortage in the NET offices" and somewhere along the line — I mean, the previous Manager
raised his right hand and agreed that the NETS would be the number one priorities and the budget process —
you know, you agree that the NETs and the restaffing and the restructuring of the NETs would be the
number one priority. I don't get it. You know, if it means that Finance and Public Works and — what is it?
The computer people and Community Development, somewhere along the line we've got to basically go into
all these departments and get the people necessary to run the NET offices. And I think the — this grant and
the level of police, you know, clearly support the NET operations, which is why I'm going to support it, but
somewhere along the line we really do have to stop letting the bureaucracy make the priorities and, Mr.
Manager, you're going to have to make those priorities, and the NETs should be and the law enforcement to
support the NET, and we tried to deflect that because I don't think it's fair for the police to take all the blame
about what goes wrong in the NET offices but we must make the NET offices our number one priority. And
I know that's not the issue before us right this minute, Mr. Chairman, but I appreciate your letting me add
that on.
Chairman Plummer: Absolutely.
Commissioner Teele: Because NET should not have one vacant position. We should not be saying we don't
have any Code Enforcement or we don't have any Solid Waste. The NET should take priority over every
department in this city, please. :..
Chairman Plummer. I concur with you and I would hope, Mr. Manager, that you're still continuing to
re-evaluate. I think that we have too many NET offices. I think we need to condense them down and make
more out of the things that we have —the manpower that we have. That's my opinion. .
Commissioner Sanchez: I don't agree with you on that.
73 February 9, 1999
Chairman Plummer. OK, you can disagree.
Vice Chairman Gort: I have a question.
Chairman Plummer: Just don't be disagreeable. Mr. Gort.
o i= _.
Vice Chairman Gort: I have an additional question. Mr. Manager, my understanding is, we presented a
five-year budget program that was accepted. .
Chairman Plummer: Yes:
ViceChairman Gort: Were these officers included in:fhatfive-year projection? -
• --. .�. - � -: -- 'i,. .... .C, ......sir;: Ti. sdi'•{3•.aa4 - _ �i :rz:.. ��L<'i:�i{... '{, ,
Mr. Warshaw: And that's:..
.14.
Vice Chairman Gort: That was my main question.
Mr. Warshaw: That's what I was going to address.:: And Commissioner- Teele is right about accepting
Federal grants. You must be extremely careful when you bring on large numbers of people that you don't
get stuck at the end.
Vice Chairman Gort: We're paying for CETA (Comprehensive Employment Training Act). I want you to
know that.
Mr. Warshaw: Without a doubt
Chairman Plummer: Don't we remember.
Mr. Warshaw: And let me tell you that, when we fast received this grant, which was about five or six
months ago, we had extensive discussions with PFM (Public Finance Management) and the Oversight
Board as to how we were going to plan and incorporate the hiring of these officers into our budget to ensure
that, at the end of three years — keep in mind that the three year trigger point doesn't start until you hire each
employee. So, conceivably, if you hired officer number one in 1999 and officer number 168 in the
beginning of 2001, the three-year date doesn't start until, on officer number 168, the beginning of 2001. But
I agree with what Commissioner Teele is saying. You must be very careful because we don't want to be left,
you know, with the burden of the general fund that we can't deal with. And I assure you that there is an
attrition plan and a hiring plan that takes all that into consideration. Number two, Item Number 10, which
you're about to hear in a few moments, is another grant for technology that includes 26 Community Service
Aides, which is a new classification that are individuals who, while they will be working as police
employees, will be assigned to the NET office. And this was kind of a creative way to use a law
enforcement grant to, in effect, get NET Service Reps to work for also grant dollars that are part of the
Police Department. That commitment is there for NET. I should point out that with the advent of the
passing of some of the recent contracts, in addition to the 200 vacancies we have, the City is losing some
people; although, they're not certainly leaving in large numbers and we have an aggressive recruitment
campaign we're about to go even further with to attract these people in. - And NET is a high priority with ina,
still is. And you're right, Commissioner Teele, there shouldn't be any -code enforcement vacancies of any
kind but, as these people leave, we need to hire qualified people so they can'move right in, and I am fully
committed to make sure the NET offices are staffed equally, across the board, with the right kinds of people
and the right numbers of people. -•. - + : c. ::..: .
' "` 74 February 9, 1999
Chairman Plummer. And, Commissioner Teele, for your information, aside from those 26, there will be 26
more that will be working out of the NET offices in the lot clearing program and also illegal dumping, and
they can write on anything that they need to do. So, we will have more people out in the field. Call the first
time the roll on Item 7.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE M AMI CITY
COMMISSION ESTABLISHING INITIAL RESOURCES AND
APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"DISTRESSED NEIGHBORHOODS GRANT PROGRAM"
CONSISTING OF A GRANT, IN THE AMOUNT OF $25,672,505,
FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE PURPOSE
OF HIRING ONE HUNDRED SIXTY-EIGHT (168) � POLICE
OFFICERS FOR A THREE (3) YEAR PERIOD TO IMPLEMENT
SAID PROGRAM; AUTHORIZING THE CITY MANAGER. TO
EXECUTE THE NECESSARY. DOCUMENTS, IN 'A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID
. ' GRANT AND IMPLEMENT SAID PROGRAM; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
,
75 February 9, 1999
Whereupon the Commission . on motion of Vice 'Chairman Gort and seconded by -
Commissioner. Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11756- z
The City Attorney read the ordinance into tie-public'record and announced that copies
were available to the members of the City Commission and to the public.
24. APPROVE EMERGENCY ORDINANCE AMENDING'- ORDINANCE 10021 ESTABLISHING
INITIAL APPROPRIATIONS FOR LAW EN_ FORCEMENT'- TRUST' FUND — FURTHER
INCREASING SAID FUND BY $1,700,000.00. . • -
Chairman Plummer: Item 8. Item 8 is a million seven for the Law Enforcement Trust Fund. That's to
increase the size of it.
Vice Chairman Gort: Move it.
Chairman Plummer: Move the size of the — oh, what party we can have! All right. Moved by Sanchez.
Seconded by Gort. Read the ordinance. First roll call.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 10021, ADOPTED
JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW
ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED
PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981,
BY PROVIDING FOR AN INCREASE IN THE AMOUNT OF
$1,700,000.00, AS A RESULT OF ADDITIONAL MONIES
DEPOSITED IN SAID FUND FROM SUCCESSFUL FORFEITURE
ACTIONS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
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:
76 February 9, 1999
_.x-
AYES:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
.
Commissioner Arthur E. Teele, Jr.,
_
Chairman J. L. Plummer, Jr..
NAYS:
= None.
-ABSENT:..
Whereupon the Commission on motion of Commissioner -Sanchez and seconded by Vice
Chairman Gort, adopted said.ordinance by'the following vote:: " : ,.:.
-AYES: ;
'Commissioner Tomas Regalado'.. ,- . 1- P y
Commissioner Joe Sanchez : -
Vice Chairman Wifredor.-
Commissioner Arthur E. Teele, Jr. .
ChairmanJ:.L..Plummer; Jr:� ,-i.-:s-='
- -.
k.., .. is �- k�, .?iii2•?8 t. `J := iffi<t rll:.. A.. .. ..
NAYS:
None.,-.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11757
r
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public
25. APPROVE EMERGENCY ORDINANCE AMENDING ORDINANCE 11638 ESTABLISHING
INITIAL RESOURCES FOR SPECIAL REVENUE FUND ENTITLED WEED AND SEED ASSET
FORFEITURE - INCREASE SAID FUND BY $100,000.00 GRANT FROM U.S. DEPARTMENT OF
JUSTICE. ' - . r "-.L. . . '
Chairman Plummer: Hundred thousand dollar ($100,000) grant to Weed and Seed. Moved - its from the
Forfeiture Fund. Moved by Sanchez. Seconded by Regalado. Read the ordinance. First roll call. First roll
call.
77 February 9, 1999
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING -ORDINANCE NO.- 11638, ADOPTED
APRIL 14, 1998, WHICH ESTABLISHED•. INITIAL RESOURCES
AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED "WEED AND * SEED ASSET . FORFEITURE", TO
INCREASE APPROPRIATIONS TO SAID FUND IN THE AMOUNT
OF $100,000.00, CONSISTING OF A GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF
:JTIVESTIGATIONS (FBI); AUTHORIZING THE -CITY MANAGER
TO EXECUTE THE, NECESSARY DOCUMENTS;, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID
GRANT; CONTAINING • • A= -REPEALER!-i PROVISION,, -'AND
SEVERABILITY CLAUSE; -. PROVIDING; % FOR- AN EFFECTIVE
DATE.
was introduced by Commissioner Sanchez and iecorided by Commissioner Regalado, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Sanchez and seconded by;
Commissioner Regalado, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11758
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
78 February 9, 1999
26. APPROVE EMERGENCY ORDINANCE ESTABLISHING SPECIAL REVENUE FUNE
ENTITLED COPS MORE 98 — ACCEPT GRANT FROM U.S. DEPARTMENT OF JUSTICE FOR
$12,668,336 FOR SARD FUND.
Chairman Plummer. Item 10 is another grant of twelve million six hundred sixty-eight dollars three —
twelve million six hundred sixty-eight thousand three hundred thirty-six dollars ($12,668,336). It is a grant
for "Cops More 98."
Commissioner Sanchez: Move.
Chairman Plummer. For a special revenue fund. Moved by Sanchez.
Vice Chairman Gort: Second.
Chairman Plummer. Seconded by Gort.
Vice Chairman Gort: Just for your information on systems.!
Chairman Plummer. Read the ordinance. First roll call.
� r•
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAW CITY
COMMISSION ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED "COPS MORE 98" AND APPROPRIATING FUNDS IN
THE AMOUNT OF $12,668,336 FOR THE OPERATION OF SAME,
CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF
JUSTICE; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO ACCEPT SAID GRANT; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
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:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr. .:
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None. ;
79 February 9, 1999
Whereupon the Commission on motion of Commissioner Sanchez and seconded by Vice
Chairman Gort, adopted said ordinance by the following vote:
AYES: Tomas Regalado
-,—Commissioner Joe Sanchez
Vice Chairman Wifredo
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11759
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the CityCommission and to the public_-:
27. (A) DISCUSS / DEFER TERMINATING THE HOME PROGRAM COMMUNITY. HOUSING
DEVELOPMENT ORGANIZATIONS AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
AND THE URBAN LEAGUE OF GREATER MIAMI, INC. DATED FEBRUARY 15- 1996, FOR THE
DEVELOPMENT OF THE 134-UNIT HOUSING PROJECT KNOWN AS NORTHWESTERN
ESTATES ("PROJECT") — INSTRUCT CITY ATTORNEY TO WORK WITH ALL INTERESTED
PARTIES ON SAID MATTER — FURTHER DIRECTING CITY MANAGER TO BRING SAID ISSUE
BACK BEFORE CITY COMMISSION WITHIN 30 DAYS — FURTHER REQUESTING OF URBAN
LEAGUE TO SUBMIT BALANCE OF- $144,000.00 PROGRAM INCOME FUNDS TO CITY —
DIRECT CITY MANAGER TO PROVIDE LIST OF . PROPERTIES IN OVERTOWN IN
FORECLOSURE.
(B) DEFER CONSIDERATION OF AGENDA ITEM 28 (RESCINDING RESOLUTION 97-907
ACCEPTING NORTHWESTERN ESTATES PLAT.)
Chairman Plummer: Item 20, Mr. Manager, I think is'also related to 28. item 26, terminating the Urban
League of Greater Miami on a 134-Unit Housing Project, Northwestern Estates. Who's going to speak to
the issue? Mr. Teele?
Commissioner Teele: Mr. Chairman, the matter is placed on by the Manager. I would like, after the
discussion, to make a motion on this but I...
Chairman Plummer: All right.
Commissioner Teele: I think that the Urban League should — the staff should give some brief overview and
let the Urban League respond. -
Chairman Plummer: Staff.
Ms. Gwendolyn Warren (Director/Community Development): Ah, yes- As you may recall...
Chairman Plummer: Gwendolyn Warren, Community Development.
1 80 - February 9, 1999
Ms. Warren: Gwendolyn Warren, Community Development Director, City of Miami. As you may be —
recall, the City, last year, underwent an audit by HUD (Department of Housing and Urban Development)
under their Office of Inspector General, OIG, and, in the City's corrective action response to that audit,
which was filed on June 26th, based on the recommendations in the HUD audit, under Finding 3, they had
recommendations regarding a project called Northwestern Estates. And in the OIG audit, they basically
talked about the feasibility and the affordability of the project for low and moderate income individuals.
The OIG, in their report, had indicated that there weren't sufficient subsidies in financing for the current
configuration of the project; that the project lacked the monies sufficient to build it out and that, also, during
their review, as a result of some land acquisition, that the developer had received a hundred and forty-four
thousand dollars ($144,000) of what was deemed a program income that needed to be returned back to the
Home Trust that the City maintains, and that the City also needed to take the appropriate actions to protect
the secretary of HUD's interest, as well as the public funds, which would include, if we could not provide
the funding, the financing, the affordability to terminate to project In the City's response to the OIG audit,
the City Commission basically wrote to HUD, approved a corrective action plan, which included giving the
developer, Urban League, an opportunity to come up with additional financing and to correct the
deficiencies in the audit, prior to us taking what we would deem the appropriate legal actions, which would
be to file the deed and to terminate development the agreement. That process was to take place by August
of '98. In October, the City Attorney, after not getting the satisfactory infnnnation and responses, did, in
fact, file the deed so that the land .is reverted back to the City: And what we're doing in this action is to
cancel the development rights for the property and I guess I'll give it to the City Attorney at this point.
Mr. Alejandro Vilarello (City Attorney): This item appeared on the agenda as the next step in termination
of the agreement between the City and Liberty Housing & Associates. Because we had recently — after the
recording of the deed, we were sued — the City was sued by Liberty Housing & Associates and I requested
deferral of the matter so that we could assure that this was the appropriate next step for the City to take. Pm
satisfied at this time that, given the nature of the inability of Liberty Housing to provide what it agreed to in
its agreement with the City, that this is the next step to take and terminate the agreement between the City
and Liberty Housing.
Chairman Plummer: Representative. For the record, your name and mailing address, please.
Ms. Lynn Washington: Yes, sir. Lynn Washington with the law firm of Holland and Knight. Address 701
Brickell, Suite 300 — 3000, Miami, 33131. :•
Chairman Plummer: Are you here — appearing here for a fee?
Mr. Washington: Yes, I am.
Chairman Plummer: Are you a registered lobbyist? '
Mr. Washington: Yes, I have..
Chairman Plummer: Proceed, sir.
Mr. Washington: Thank you. Today I'm appearing before you on behalf of the Urban League and with me
in the audience is Mr. T. Willard Fair and Oliver Gross. First thing we'd like to do is to respond to the facts
as presented by the staff. We don't dispute the fact as set forth by the staff. We do dispute the merits. The
staff is correct, in that the OIG did present a report. At that point, our position or the Urban League's
position has been, is that the City has not aggressively disputed those reports that had been presented by the
81 February 9, 1999
OIG. The OIG presented a report that said three things, to look at three things. Those three things being,
number one, the project is not feasible. Number two, make the Urban League return back to the City the
condemnation proceeds and, number three, that there is insufficient financing to present the project. We
agree with all of those. - From there, I think our points start to disagree. We believe, taken the last one first,
that the position that this project does not have sufficient financing to go forward is totally subjective and it
is one that the Urban League is being held -to different types of procedures than the normal market. The
OIG report and the City has said, "you now have a twelve million dollar ($12,000,000) project. Go out and
get financing for twelve •million dollars ($1,000,000) ($12,000,000).". • Seventy-five percent of my work
deals with representing developers. Developers do not go out and get financing for the entire project. What
they do is, they go out; they get a letter of credit for four or five units; they build those four or five units, and
they roll it the over. We did have — the Urban League did have a commitment letter for enough financing to
produce those fast model units and to keep going forward. We don't dispute that there was never a
commitment for the total of construction financing, but that is not the way it is done -in the real world. The
second issue is, the OIG said that there was a condemnation proceeding and that the partnership or the
developer got back a hundred and forty-four thousand dollars ($144,000). The City had said give us back
those hundred and forty-four thousand dollars ($144,000). I need to tell you what happened here because
this is important. When those condemnation proceedings were commenced and resolved, the Urban League
took its portion of the money and it decided to put its portion of the monies aside. I don't think anybody at
that point from the Urban League side said that the City was wrong, - We said we disagree with you. We
said we're not willing to give back to you, at this point, a hundred and forty-four thousand dollars
($144,000). We said, you have a grant where you are going to give to the Urban League four million dollars
($4,000,000). There are other ways of dealing with that. You can either take the one hundred and
forty-four thousand, put it on the end, reduce the grants so, in effect, you get back the one forty-four. Again,
we didn't do what you wanted — what the City wanted to have done but we did present a program where the
City could get back that money. I think what we did — what we said there, in- all honesty, was that this
hundred forty-four has been blown into too much of and issue than it should be. In fact, the Urban League
wrote a check back to the City for fifty-three thousand dollars ($53,000), its shared of the one hundred and
forty-four. And I think that's important to be said because every time the League hears that issue, the issue
comes up as, there was a hundred and forty-four thousand dollars ($144,000). The Urban League has not
taken any steps to give that money back. It has given that money back. It has, at least, given back a portion
of it and I think that should be put on the record. The other issue — the 3rd issue was that the project itself
was not feasible. Again, the Urban League has disputed that issue, basically because we also think that the
issue of feasibility has been whether its feasible to 80 percent or whether its feasible to 50 percent, but the
Urban League has also said that, based on the subsidies, which it can get, that it can make those projects and
those units feasible. I think another thing that's important to consider here is that there was an independent
study done — and I'm not sure if, at this point, everyone has been provided with that study — but that study
did come back, which the Urban League had no influence over and has basically concluded that the project
is feasible or can be made feasible. It has concluded that there were ways to deal with the condemnation
proceeds and it also concluded that this concept of going out and getting a total financing is not something
that the Urban League should have done. In your program or in your resolution, there's also another issue of
whether or not the Urban League has turned over or should turn over these relocation files. We have the
relocation files here. These relocation files have been tendered. They will be turned over again: Again, I
think we've got to put the whole program on the record. When the files were given, they were tendered but
they were said they were not tendered in a manner that's acceptable. We have the files. The file were in
alphabetical order, in individual folders, and they're here and we're prepared to tender those again. We
believe — the Urban League believes that, if given and opportunity, they can build a project, they can make
it feasible, and those units can come out of the grounds in Liberty City. We'd ask today that you not take
this action that is being asked to be taken; that you -allow the Urban League to sit down, to work out this
feasibility issue with the City, that we go forward — I know there's an issue here of getting rid of the
partners. There is a plan in the works to get rid of those partners,- Staff has been advised of that plan but the
82 February 9, 1999
lawsuit that — the lawsuit was a response. The lawsuit.was a response to the action of the City in filing that
deed. If you go back again and look at what happened, you're right. You said — there was a letter that was
sent to the Urban League that says; "we're going to file the deed."- There was another letter that went back
that says, "we dispute your actions. Don't file the deed and, if you file the deed, were going to sue you."
So, don't say that there has been a lawsuit filed against the City. It is correct but it was a lawsuit that was a
reactionary lawsuit. And, again, it is not the Urban League that has filed this lawsuit. It was filed by the
partnership, which includes other partners. . . _ ,. . . . _ - . -
Chairman Plummer: Mr. Manager? ..
Ms. Gwendolyn Warren: Again, just to reiterate, the City's response to the whole process is a result of and
OIG audit and its findings and four specific recommendations. We agree with the Urban League. They did
put forth a proposal to build out the project in phases. The OIG rejected that, in that they felt that that made
it unaffordable for low and modemte,.income individuals, period We asked, while the audit was going
through and during the time of our response, that the Urban League join us to meet with HUD to try to
persuade them to their way of thinking. Unfortunately, the attempt to get a joint meeting were not attended
by the Urban League and, therefore, the City did what the recommendations were, which was to say, give us
additional time to provide you the return of the money, a cost-effective and affordable project, and to see if
we could come up with the housing subsidies. During the time period between June 16th and August 8th,
when that information was to be gathered and submitted to HUD; we received no information from the
Urban League; although, they were here at the Commission meeting and said that they would provide that
information. Secondly, as to the hundred and forty-four thousand dollars ($144,000). We agree and did not
intend not to make the record full, the Urban League did remit us approximately fifty-three thousand dollars
($53,000). Their contention has always been, it was their partners who owed us the balance. Our contract
is with the Urban League. Their relationship is with their partner. So, the people that the City entered into
the agreement with was the Urban League so, therefore, the hundred and forty-four thousand dollars
($144,000) of program income that was received is between our relationship with the Urban League, not
their secondary partners. In terms of another way to work out how to get the forty-four thousand, again, I
wasn't privy to those previous conversations but the OIG stipulated in their audit agreement that they wanted
documented proof and a date. time certain that the City's grant had been made whole on the forty-four
thousand dollars. They were not accepting of us making it a part of the negotiation or reduction of the loan
but they felt that this body, the Urban League, a contractor, had, in fact, received a hundred forty-four
thousand dollars ($144,000), even though they split it with their partners, and that those monies belong to
the City's grant. They had received the monies so, therefore, it should be immediately returned as program
income, as supported by the regulations. So, it's not something that we could defer to a later date and it is so
stipulated in the audit. Additionally, the issue of affordability of the project. One of the concerns that HUD
had at the time of the audit is that there were no subsidies; that even when the project was built out, once we
sold them on the market, the low and moderate income people would not qualify and that the Urban League,
besides having enough money to build out the project, once it was built -out, low income people wouldn't
qualify for it, which was, again, prohibited under — by use of the monies. What the Urban League had been
urged to do, and its partners, on numerous occasion is to get additional housing subsidies. As of the date of
us filing the deed, which was three months after we said we would, we have no indication that they actually
have received additional housing subsidies. What we're attempting to do at this time is merely implement
the recommendations of the OIG, which is to give ample time for them to make the resolutions; to return the
money back to the grant; to come up with and affordable project, and they will remove it from the City's
OIG findings. If, at some date down the road, we can come up with another way to get this develop, one has
nothing to do with the other. We're following the recommendations and the requirement of HUD. And that
does not preclude us working with the Urban League in the future but, as of today, they have not satisfied
the recommendations of the audit.
83 February 9, 1999
Chairman Plummer: Couple of minutes of rebuttal. 11 t =
Mr. Washington: -OK. ' Thank you. Number one, I don't think that the issue of the — whether the project is
affordable to low or moderate income people has been clearly disputed with the OIG or with HUD. I think
in your 3rd party, independent report, that report came out very short and sweet and say "they're wrong."
And I think that no one has taken the issue up with HUD :and said you're wrong. We are not aware of a
request to have meetings but we have — the Urban League has met with HUD. We went to Washington.
We couldn't meet with HUD here locally because HUD here locally had said that they were afraid of a
lawsuit and they did not want to meet with us. So, the Urban League went to Washington and met with
HUD officials. HUD officials have said that they are looking at this and that — and I — I'm a lawyer, so I'm
always careful with this hearsay concept. But HUD has said to us that,.if we can convince the City that this
is a feasible project, then they aren't that concerned about it. We always thought it was HUD that we had to
go convince, so we go to try to convince HUD and HUD says, "you've got to convinceyour people in
Miami." What we need to do is to sit down and to, collectively; agree that this project is feasible and then
we go back to HUD, collectively, and we 'say; HUD, this project is feasible: 'You're wrongs •And I think
they're receptive to that.. , .-;. __ �a.�r! t• �+ �.,
:l. ... �i{., . n• .. ...f :lid ...i% .: i0, vl:
Chairman Plummer: Mr. Teele.r
Commissioner Teele: Hilda, would .you give us the benefit of the 3rd party analysis?:` This- issue,
unfortunately, is a complicated issue in which I'm not sure there is a right and wrong answer in some of
these — this dialogue. I think it's very important to start out with the fact that everything Ms. Warren has
said, essentially, is the position of the City, that this Commission has adopted by resolution and by action.
And I think a little bit of time perspective has to be put into this. When the HUD audit was upon us, it had
not been fully handled properly by the City at the point and time, I think, that it eventually got to the right
hands, in Ms. Warren's hands at that point. We literally had a series of shotguns, if not nuclear bombs,
ready to explode around us. And I think the Urban League needs to understand a little bit more of the
balancing act. I, personally, worked with the Community Development Office and understood the fact that
the City was. in imminent danger, not because of this grant but because of a series of things, many of which
are still unresolved. Mr. Manager, I'm still waiting on the list of profit — properties that are in foreclosure in
Overtown, even though, you know, we've asked for a public records and everything else, we still can't get
that. But this is just the tip of the iceberg but a very important part of the iceberg. And so, the City,
absolutely, over the objections of a lot of the professional staff, over the objections of the previous'director
of Community Development, the City adopted and accepted the findings of the OIG. We did that. We, the
Commission, did that. And if I had to do it again at that point and time,'I would still recommend doing it.
Because the issue was not this project. It was the totality of all of the funds that we were dealing with, and
this project was one of 50 or 40 items that were being discussed. Some of it had to do with the Law
Department. A lot of it had to do with the Law Department, Mr. Attorney. And the fact that we weren't
filing — we weren't protecting our — the federal funds on foreclosures and a whole series of things. So, I
think, you know, the Urban League's position that we adopted the findings needs to be put in that context.
We did but I'm not sure we had a lot of choices. Now, as it relates to the specific item of the developability
of this project, we accepted the HUD findings. The City Commission voted and we accepted that the
finding — because we didn't have any other alternative. 1 mean, we didn't have any experts: The Urban
League, quite candidly, was not as forthcoming today — I mean then, as they are today. And I commend the
Urban League for coming forward, but I also understand that the Urban League was -constrained by a
partnership relationship, which they have repeatedly pointed out. And, so, while the Urban League
personally wanted to come forward, the partnership was voting not to come forward. So, we get all of these
things. So, where are we today? The City Commission; I think in August, voted to allow the CRA
(Community Redevelopment Agency), as a sort of 3rd party neutral entity, recognizing that I lead the charge
to adopt the HUD audit, asked that the CRA go out and hire a consultant and those consultant findings, I
84 February 9, 1999
think, are really what is before us today and how we can sort of come and bring this issue to some closure,
at least to take it to the next step. But before we deal with that, let me just say one thing, Ms. Warren and
Mr. Manager. I fully agree with the City's position that the one hundred and forty-four thousand — you kept
saying forty-four. It's a hundred and forty-four.
Ms. Warren: I'm song. -
Commissioner Teele: The hundred and forty-four thousand dollars ($144,000) essentially is a
non-negotiable issue because it really deals with the Federal Rules and you can't put it on the back end and
you can't do those things because it's a different pot of money. In other words, that 144 is unrestricted. It —
wasn't it paid by the School Board or something on and imminent domain or some type — but that money —
that issue, which is the eighty thousand dollars ($80,000), which the partner got, not the money — the Urban
League paid one hundred percent of the money it got. Is that right?
Mr. Washington: That's correct, sir.. .
Commissioner Teele: The problem is, as Ms. Warren concluded, is that our relationship is not with the
partner. We don't have privy. We are not a party. Is that right, Mr. Attorney?
Mr. Vilarello: That's correct.
Commissioner Teele: And so, we've still got to look to the Urban League for the full one hundred and
forty-four thousand dollars ($144,000) of the repayment. But then, as it relates to the issues of the project
being feasible or not being feasible, and some of the things that we may have agreed to, quite frankly, to
move us to this point, m yield to Ms. Tejera.
Ms. Hilda Tejera: Hilda Tejera, Administrator for Community Redevelopment Agency. What I — actually,
I'm not talking about the one hundred forty-four thousand dollars ($144,000), which I agreed to — or with
Commissioner Teele. That is something that we should — actually will look with another perspective. But
were talking about) project that is not feasible at this moment. Probably is not considered in the
discrepancies of prices at the beginning and the budget that — -is issued right now as a coliclusion that the
project is not feasible. The project may not be feasible considering the original budget that was actually
exposed by the Urban League. But, at this particular time, we actually had made — BNA, which actually is
nobody from BNA at this moment. But I do have a report from BNA in front of me right now, that if you
actually had read of it — I don't know if you do have the lease or not. This is also conclusion stated by
Greater Miami Neighborhoods. Mr. Gus Dominguez, in the discussions with Mr. Pedro Sanchez from
BNA, issue — actually look at this and we assume, let's say in 1999 construction estimate of fifty dollars
($50) per square feet, even considering that it's the low end, and you - the (inaudible) construction cost for
the eight hundred and eighty-nine thousand seven hundred and two square feet that actually was paid, it
would be nine — I'm sorry. Nine million four hundred and eighty-five thousand one hundred or one million
seven hundred and fifty-eight — thirty-one dollars ($1,758,031). That is more than the original budget
actually chose original. At this particular time, is we really tried to — and this is — I m really extremely
convinced that if we actually take this project as what the project represents now, in the market today, and
we are trying to give property Urban League the opportunity to put this on the table collectively, as, you
know, the attorney said before, I think that it could be — we could actually could come to the conclusion. I
agree also with our consultant BNA that...
Chairman Plummer: Go ahead. ,
Ms. Tejera: OK. Almost finished. Given all the above, I think that the City may wish to consider, OK, the
85 February 9, 1999
following: That the -site where this proposed development is 'located,. it is a high priority for the City
Community Development efforts, OK, and I (inaudible) with you. - That the cost of producing this in and
affordable housing in the inner city is a lot higher than the price values. It's slightly to a share. And, finally,
that this development needs to happen, I think — this is just Hilda talking, as and administrator for CRA and
as and acting director of CRA. You (inaudible) not been done. Something that is in the middle. I think that
we should actually consider that this development needs to happen and that the City's willing to proceed — I
guess it could be willing to proceed, given the amount of investment already in the project. Why not to have
and opportunity to elect collectively, sit down, and to look at these sources?
Chairman Plummer. Can I ask a very foolish question? Did all of you people meet and hash this out before
this Commission meeting? I mean, we're taking up and awful long-- you know, I can see — I think I see the
outcome of what's going to happen here today.. We're going to send it all back to you to have a meeting, to
sit down, and try to hash this thing out to see if its humanly possible and what can be done. - So, Mr.
Manager, I guess I m really asking the question, why didn't they have a meeting with everyone concerned,
sitting down around the table, and then come to the Commission? Ms..Warrenzi-,_
Ms: Warren: To respond first to Ms: Tejera's issues. The City definitely feels that it's very important for us
to complete the development of this •project. The Greater Miami Neighbors has just completed, I guess,
their assessment. I received it about five minutes ago. We need and opportunity to look at it to see what
options are available. At no time, since my involvement, did we not feel that this is not only important but
that the Urban League has attempted to operate and move in good faith because they have, and I think that
needs to be clear.
Chairman Plummer: Mr. Teele?
Commissioner Teele: Commissioner, the point here, I think, that Ms. Warren and we all are going to agree
on is, what needs to happen is that — without getting into he said, she said, we made a lot of assumptions,
some of which were not correct because we didn't have the benefit of the full input from the Urban League
at the time we were making those assumptions. I mean, there's nothing wrong with making a mistake. I
make them every day. So, I don't mind saying that. I think what needs to happen is that the Urban League,
the Attorney, the Community Development office and the Manager's office, and whomever else he should
designate, along with Greater Miami Neighborhoods and the CRA, should sit down and meet. Once that
meeting is done, there should be a meeting, informally, at local HUD, local HUD, with everybody there, to
have a discussion on — because everybody's saying what he said, she said, and the Federal government is
just like State government. It's open. This is not a communist state yet and we are going to try to have, you
know, and open meeting.
Vice Chairman Gort: We won't be either. 1 promise you.
Commissioner Teele: And the fact of the matter is, is that I think we should send this back, to be returned
within 30 days, but 1 would also hope that the Urban League would understand that, when it comes back,
this project would be significantly enhanced if all of the program money is paid up before it comes back. I
think...
Ms. Warren: I just —just one slight thing. I did meet with HUD on Friday. They did give us'a copy of their
response to our audit requirements. They basically indicated that they will not meet with the Urban League.
They will only meet with the City. They have asked that we minimally show them, within 15 days of that
date, that we have returned that hundred and forty-four thousand dollars ($144,000) to the HOME grant, and
that they will consider reviewing additional proposals for the build out of that property submitted by the
City. r'
86 February 9, 1999
Commissioner Teele: All right.. Then, I would move that the City Attorney be instructed to work with
Federal HUD to get — to seek to gain a meeting of all parties through the legal offices so that there can be a
meeting and that the matter — and notwithstanding that the local Community Development or any other
offices, Asset Management, or anybody that needs to be involved, meet with the Urban League and the
CRA and Greater Miami Neighborhoods, and this matter be brought back within the next 30 days.
Chairman Plummer. Is there a second? _
Commissioner Teele: Further stating that the Urban League is requested to remit the balance of the program
income because I think that — you need to understand, that is the big issue with HUD. That was the big
thing that everybody got focused on.
Chairman Plummer: Is there a second to the motion? Hold on., Motion is seconded by. Commissioner Gort.
Mr. City Attorney. -
Mr. Vilarello: I believe Mr. Washington does.represent the partnership.; We are in court. We have filed —
my office has filed dispositive motions in this matter. If the City Commission adopts this motion, then I
would ask that Mr. Washington stay the proceedings:..-,. agree to stay the proceedings for, at least those same
30 days.
Commissioner Teele: This motion will be subject on.a standstill by both parties.. If the partnership won't
stand still, then the motion doesn't take effect.
Chairman Plummer: All right. Motion understood? .All in favor, say "aye." Excuse me. rm also, then, Mr.
Teele, understanding that Item 20 and 28 would be deferred?
Commissioner Teele: Yes, sir.
Chairman Plummer: OK. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
February 9, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-103
-A MOTION INSTRUCTING THE: CITY ATTORNEY TO WORK
WITH FEDERAL HUD OFFICIALS AND ALL OTHER AFFECTED
PARTIES, INCLUDING REPRESENTATIVES FROM THE URBAN
LEAGUE, DEPARTMENT OF COMMUNITY DEVELOPMENT,
CITY MANAGER'S OFFICE, ET AL; FURTHER AUTHORIZING
AND DIRECTING CITY MANAGER TO BRING SAID ISSUE BACK
WITHIN 30 DAYS; FURTHER REQUESTING OF URBAN LEAGUE -
TO SUBMIT THE BALANCE OF PROGRAM INCOME IN THE
AMOUNT OF A HUNDRED ' AND FORTY-FOUR THOUSAND
DOLLARS ($144,000) BACK TO THE CITY OF MIAMI; FURTHER
REQUESTING THAT THE URBAN LEAGUE OPT FOR A STAY IN
LEGAL PROCEEDINGS DURING THE INTERIM 30-DAY PERIOD.
Upon being seconded by Vice Chairman GoM the motion was'passW and adopted by the
following vote: ..
AYES: -Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Thank you. We'll see you, hopefully, again.
28. RESCIND BID AWARD TO ROYAL PACIFIC COMPANY — FOR THE REPLACEMENT OF
EXTERIOR WALK DOORS AT FIRE STATION NO. 1 — FOR FAILURE TO PROVIDE REQUIRED
CERTIFICATE OF INSURANCE — AWARD. BID TO H.O.M. CONSTRUCTION CORPORATION —
ALLOCATE $7,980 THEREFOR FROM ACCOUNT CODE NO. 00 1000.280701.6.670.
Chairman Plummer: Item 21. Moved by Gort. Seconded by Sanchez. Exteriors. Rescinding the bid of
Royal Pacific and awarding the bid to H.O.M. Construction. Moved by — who did I say?
Vice Chairman Gort: Move it.
Commissioner Sanchez: Second.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
88 February 9, 1999
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner GoM who moved its adoption:
RESOLUTION NO. 99-104
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCINDING THE BID AWARD TO ROYAL PACIFIC COMPANY
FOR THE REPLACEMENT_ OF EXTERIOR WALK DOORS AT FIRE
STATION NO. 1, FOR FAILURE TO PROVIDE REQUIRED
CERTIFICATE OF INSURANCE, AND AWARDING THE BID TO
H.O.M. CONSTRUCTION CORPORATION, THE SECOND LOWEST
RESPONSIBVE AND RESPONSIBLE BIDDER,, FOR THE
PROVISION OF SAID SERVICE, IN THE AMOUNT OF $7,980.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT. CODE NO.
001000.280701.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado_
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
29. DIRECT CITY MANAGER TO PROVIDE MORE INFORMATION PRIOR TO NEXT CITY
COMMISSION MEETING IN CONNECTION WITH PROFESSIONAL SERVICES AGREEMENT
WITH THE FIRM OF MILIAN, SWAIN AND ASSOCIATES, INC., TO PROVIDE PLANNING AND
DESIGN SERVICES FOR THE RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT.
Chairman Plummer: Twenty-two has been deferred. We're now up to Item 25.
Vice Chairman Gort: Mr. Chairman, can I ask you a question?
Chairman Plummer: Sir.
Vice Chairman Gort: The reason it was deferred — did we ask for it or...
Chairman Plummer: The Manager did.
Commissioner Teele: Which item?
89 February 9, 1999
Chairman Plummer: Item 22. The Manager asked to be deferred. - :• - . -
Mr. Donald Warshaw (City Manager): Yes.
Vice Chairman Gort: I'd like to get some more information about the service that's going to be provided and
how much we really need this.
Chairman Plummer. Prior to the next meeting, you may need to contact Mr. Gort.
30. (A) AMEND RESOLUTION NO.98-1218 TO WAIVE REQUIREMENT BY FOUR -FIFTHS VOTE
OF MEMBERSHIP OF CITY COMMISSION THAT AN INDIVIDUAL APPOINTED AS MEMBER
OF THE CITY OF: MIAMI CHARTER REVIEW. -AND -REFORM COMMITTEE MUST BE
QUALIFIED ELECTOR OF CITY.
(B) AMEND RESOLUTION 98-1218, SECTION 3 (4) TO EXTEND EXISTENCE OF CHARTER
REVIEW AND REFORM COMMITTEE BY THIRTY DAYS AS WELL AS ALL PERTINENT THvM
LINES FOR REQUIRED MEETINGS AND REPORTS — FURTHER WAIVING QUALIFIED
ELECTOR OF CITY REQUIREMENT FOR APPOINTEES TO SAID COMMITTEE.
Chairman Plummer: Item 25 by a four — amending a member of the City of Miami Charter Review. Mr.
Gort, you want to explain that real quick? , '. •
Vice Chairman Gort: The request comes from Commissioner Regalado. Mainly, what it is...
Chairman Plummer: Mr. Regalado. -
Commissioner Regalado: Yes, sir.
Vice Chairman Gort: He has an individual that has businesses...
Chairman Plummer. Somebody that's on the Charter Review.
Commissioner Regalado: On the Charter Review, yeah. _
Vice Chairman Gort: Twenty-fifth.
Commissioner Regalado: And I spoke to the City Attorney and to the City Clerk and we can resolve the
situation by amending this resolution.
Commissioner Teele: So moved.
R
Chairman Plummer: You move the item?
Commissioner Regalado: I move the item.
Commissioner Teele: Second.
Chairman Plummer: Seconded by Teele. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
90 February 9, 1999
t ..
Chairman Plummer: Any opposition? Show it unanimous. .
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION -NO. 99-105
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO THE CITY OF MIAMI CHARTER REVIEW AND REFORM
COMMITTEE; AMENDING RESOLUTION NO. 98-1218 TO
EXTEND BY � THIRTY DAYS -(30) THE EXISTENCE OF SAID
CON TV=E AND ALL PERTINENT TIME LINES RELATED TO
REQUIRED MEETINGS AND ISSUANCE OF REPORTS, AND TO
ALLOW, BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF THE
MEMBERSHIP OF THE CITY COMMISSION; A WAIVER OF THE
REQUIREMENT THAT AN INDIVIDUAL APPOINTED AS A
MEMBER OF SAID COMNffITEE MUST..BE A QUALIFIED
ELECTOR OF 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 Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado -
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Twenty-seven.
Vice Chairman Gort: I have a question. I have a question.
Chairman Plummer: I'm sorry.
Vice Chairman Gort: On the Charter Review Board, there's some resolutions that we need to pass. The
reason being, when it was passed originally, it was given a deadline for the first meeting. Unfortunately, we
were not able to meet because all the people were not there within that time frame, so we'd like to make
some changes in the resolution. Do we have a draft?
Mr. Alejandro Vilarello (City Attorney): No, we don't have a draft. I believe the issues were that, as
originally presented, it required 90 days from the first meeting in January. At this point, because of the
organizational problems of getting appointments, I believe the committee wanted — is it 90 days from its last
meeting on Friday, to prepare a report back to the City Commission?
91 February 9, 1999
,.tie... ..!!►•,•"-- �:;3,`. .. - . y ~ - .. - - - . - .... ....
Vice Chairman Gort: That was not the request The request that we had, according to the resolution that
was passed by this Commission, we might come back and ask for that later on. We're going to try to meet
the time frame that was required by this resolution, which is try to have a report back within 90 nays. What
we needed was, according to the resolution, we were to have the first meeting within 30 days. My
understand, we were not able to do the first meeting until the 32nd or 33rd days because all the
appointments were not in and all the information was not given out to all of them. So, we need to rescind
that resolution and change it. Instead of meeting within the 30 day of the fast meeting.
Commissioner Teele: So moved.
Chairman Plummer: Moved by Teele.- Seconded by Gorr All in favor; say "aye:' 7=.I
The Commission (Collectivefy)-'Aye.
Chairman Plummer. Opposition?'•Sho* unanimous.' _ T:
., •] . .! tC7 ti� � _ iJL.i '.' i, Z,- A., :,,t, l ia.):
The following' resolution —was, introduced by ,Commissioner `Teele,"who moved its
adoption: is
_ ;,RESOLUTION NO: 99-106'
A RESOLUTION OF THE- M UUW CITY COMMISSION RELATED'
TO THE CITY OF MIAMI CHARTER REVIEW AND REFORM
COMMITTEE; AMENDING RESOLUTION NO. 98-1218 TO
EXTEND BY THIRTY-- ;DAYS THE 'EXISTENCE OF` SAID
COMMITTEE AND ALL PERTINENT TIME LINES RELATED TO
REQUIRED MEETINGS AND ISSUANCE OF REPORTS, AND TO
ALLOW, BY A .-FOUR-FIFTHS AFFIRMATIVE VOTE OF THE
MEMBERSHIP OF THE CITY COMMISSION, A WAIVER OF THE
REQUIREMENT THAT AN INDIVIDUAL APPOINTED AS A
MEMBER OF SAID COMMITTEE MUST BE A QUALIFIED
ELECTOR OF THE CITY OF MIAMI.
„S
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by
the following vote: _
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez -' Y
Commissioner Arthur E: Teele, Jr."
Chairman J.L. Plummer; Jr:
NAYS: None.
I y .
ABSENT: None. •�:, _ . +,;:;�r
Vice Chairman Gort: In other words, the first meeting, instead of taking place in 30 days, it was to' take
'-''� 92 February 9, 1999
place in 60 days. Ifs taken cam of. Thank you.
3 1 -. ACCEPT BID OF SPORT SUPPLY GROUP, -INC., D/B/A BSN SPORTS, .; FOR -PURCHASE OF
TRACK AND FIELD -EQUIPMENT FOR CURTIS PARK — FOR DEPARTMENT -OF PARKS AND
RECREATION ;-,.,.AT, TOTAL, * COST, NOT TO 'EXCEED $12,159.90, —, ALLOCATE FUNDS
THEREFOR - FROM:.THE' ;
SAFE j] NEIGHBORHOOD .-PARK. BOND FUNDS;- CAPITAL
IMPROVEMENT PROJECT NO. 333111- -
Chairman Plummer. All right Item 27. Twelve thousand one hundrid fifty n�me dollars and ninety cents
($12,159.90) for track and field equipment for Curtis Park. Moved by...
Vice Chairman Gort: Move it.
Chairman Plummer: ... Gort, in his district. Seconded by Sanchez. All in fkv&,'ysay i_rt- --
The Commission (Collectively): Aye.,
Chairman Plummer: Opposition? Show it unanimous.
The � following resolution was introduced by Vice Chairmin Gdrt, .,who, moved
adoption: , - - , r - - - 4
-v"*r 5;b.,Z:itr
RESOLUTION NO. 99-107..-.-- - w Tol
A RESOLUTION OF.THE MIAMI CITY COMMISSION CCEPTING
THE BID OF SPORT -SUPPLY GROUP, INC., D/B/A BSN SPORTS
Z.
FOR THE PURCHASE OF TRACK AND FIELD EQUIPMENT FOR
CURTIS, PARK, FOR • THE DEPARTMENT OF PARKS - AND
RECREATION, AT A TOTAL COST NOT TO EXCEED $12,159.90;,-;L,
ALLOCATING FUNDS THEREFOR FROM. .,THE,t,, SAFE::`;
NEIGHBORHOOD, - PARK. BOND FUNDS,'*;-.1 CAPITAL x
IMPROVEMENT PROJECT NO. 333113.,,
(Here follows body of resolution; omitted here and on file in the Office of the City Clerk.)`.-,
Upon being seconded by Commissioner Sanchez, the resolution- was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jrj!. '-A'�i7
NAYS:
None.
ABSENT:, Commissioner Arthur E. Teele, Jr..'
93 February 9, 1999
32. INSTRUCT CITY MANAGER TO MEET- WITH COMPANIES WISHING. TO PROVIDE PUBLIC
PAY TELEPHONE SERVICES IN CITY FURTHER INSTRUCTING MANAGER TO RETURN
WITH REPORT TO CITY COMMISSION - .WITHIN . SIXTY DAYS. — FURTHER DIRECT CITY
MANAGER TO ENSURE PUBLIC PAY TELEPHINE PROVIDERS ADDRESS AREA OF CITY
WHERE ANTICIPATED REVENUE RETURN IN PLACEMENT OF PHONES IS LOW. — FURTHER
DISCUSS PRACTICE OF USING PAY TELEPHONES FOR ADVERTISING AND LACK OF PAY
PHONES AT JEFFERSON REEVES CLINIC IN OVERTOWN. 'PERSONAL APPEARANCE: OLGA
GDXER, BELL SOUTH CITY ACCOUNT REPRESENTATIVE.
Chairman Plummer: Twenty-eight was deferred as part of 20. Commissioner Regalado, pay — public
telephones.
Commissioner Regalado: OK...
Chairman Plummer: Excuse me. Gentlemen of the Commission, I merely only want to require you to be
aware that the Gusman, which I think most of us would like to be, is scheduled for five o'clock. Govern
yourself accordingly. _ .:c::_ - .. I. - - r
Commissioner Regalado: OK. This will be brief. The reason I.brought this issue to the Commission is
because I think that the role of the Commission is to make wrong right the things that are wrong in the City
and I was working with David Hernandez, from the Public Works Department, who, by the way, has helped
a lot in giving neighborhoods some relief in terms of whenever there is a phone that is being used for drugs,
this phone is disconnected. I came to the information that, first of all, we don't have a contract now with the
different phone companies in the City of Miami. As a matter of fact, Bell South had a contract that ended
on '96 and, because of the problems and because of the different Managers, we were not able — the City was
not able to either renew or bid it out or do whatever. However, Bell South keeps payingthe City what the
City considers that we need to get from Bell South. But there are other companies and a group of
companies that are being represented here also do want to do the right thing with the City. They are pirate
companies that come and place telephones without the knowledge of the City, nor permit, nor they pay a
franchise fee. The reason that I brought this today — and Commissioner Sanchez will be doing the lobbying
for the Commission in Tallahassee — is that the State Legislature is going to change some of the rules in
terms of the percentages that cities are allowed to charge to phone companies for public phones. That
would happen. That will be happening this session of the legislature. And, so, having said that, I think that
we have several thousands of telephones in the City of Miami. A lot of them does not have permits from the
City, nor do they pay any franchise fee. But the most important thing is, I think that we're being unfair
because, for instance, the contract with Bell South says that no phone is allowed to be installed five hundred
yard or whatever. I don't know exact.
Mr. Jim Kay (Director, Public Works): Three hundred feet.
Commissioner Regalado: Three hundred feet. From any phones that they do install. That has not been
respected by any other companies because the contract is not valid or whatever the problem that we have.
At the same time, Bell South is paying less than other companies are paying to the City. Now, Bell South is
willing to sit down and talk to the City administration and the other companies are willing to also sit down
and talk to the administration. What I'm saying here is that we have not addressed this issue for many,
many, many years and, you know, it's understandable that the City had a crisis and all that but since we are
told now that the City is OK, I think that we should put the house in order. And I was really surprised to
learn of all this problems with the phones that were having in public right-of-way, private properties, which,
94 February 9, 1999
I think, that the City is unfair in charging permits to place phone in private property but that's what I think.
Chairman Plummer. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Commissioner, I just want to address one point that you made and
that's with regard to the existence of the agreement. My office has opined that the agreement is, in fact, in
place and in existence through July of the year 2000. So, the franchise agreement that well continue to
operate under with Bell is an agreement that is valid and enforceable until July of the year 2000.
Commissioner Regalado: Why is it that — I was told that other phones are being placed next to the Bell
Southphones? I don't understand that. That's what the BellSouth people say.
Mr. Kay: Bell South's agreement is different from the City Ordinance, which is an umbrella ordinance for
all other pay phone providers on the sidewalks in the City. Bell South is allowed to double up on phones, in
accordance with their contract. We haven't limited them with that. Their contract also calls for installations
within City buildings so, really, the Bell South contract covers public the right-of-way, plus City properties.
The other - ni call it contract. It really is an ordinance — for the other telephone providers — there's about
thirty of them, thirty separate providers, providing telephones within the public right-of-way. That is limited
to every three hundred feet.
Chairman Plummer: All right. Mr. Regalado, what do you wish to do with this item?
Commissioner Regalado: If I can give you an overview of the other companies. There's a group of
companies that do want to do business in the City of Miami. And the problem, as I see it, the problem — I
don't know if — Jim, if I'm right. But I think that there are companies that are placing phones without your
knowledge. Is it true?
Mr. Kay: That's — yes, that's true.
Commissioner Regalado: OK. That's all I wanted to address, you know, to establish that.
Chairman Plummer: Take them out.
Mr. Kay: And we take enforcement action against those.
Chairman Plummer: Take them out.
Mr. Kay: Find out. We do.
Commissioner Regalado: Go ahead.
Mr. Jorge Rodriguez-Chomat: For the record, my name is Jorge Rodriguez-Chomat..
Chairman Plummer: Wait, wait, wait, wait.
Commissioner Regalado: I asked a question to him because .he represents other phone companies that do
want to do business in the city.
Chairman Plummer: OK. But wait a minute now. Are we going to get into a full blown hearing on this
issue or we're going to turn it over to the administration? You know, here again, are we going to listen to all
95 February 9, 1999
of this and then turn it over to the administration and come back at another day?
Commissioner Regalado: No, it's not a hearing. It's just that I think .that we deserve to listen to what's going
on.
Chairman Plummer.. OK. I just....
Commissioner Regalado: I think that the situation that we have with the phones, the public phones, is one
that we have to address and we have to do something. Not only for the -money, but because we need to be
fair.
Chairman Plummer: OK. Your name and mailing address, please.
Mr. Rodriguez-Chomat:. Thank you, Mr. Chairman.: My name is Jorge Rodriguez-Chomat, 825 Brickell
Bay Drive, Suite 1750, Miami, Florida 33131: And I thank you for allowing me to speak to the Commission
today. And thank you, Commissioner Regalado, for scheduling this item in the agenda The main issue that
we have before — that we would like to have the City address, through the City Manager and City Attorney,
is a matter of equal treatmem For years Bell South has been paying somewhere between six and 12 percent
of the gross receipts of phone to the City as a fee. For years, for the same number of years, we have been
paying between 12 and 19 percent. Double the amount that Bell South has been paying to the City. We feel
that is unfair and not equal treatment. In addition to that, Bell South phones are installed without an
application fee. We are required to pay two hundred dollars ($200) application fee per phone. That's also is
unequal. The contract that the gentleman referred to and the City Attorney referred to actually expired two
years ago. What has happened is that the City has been accepting payment from Bell South of the lower
rates. Now, in addition to that...
Commissioner Teele: Hold it, hold it, hold it. Excuse me. Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: It's nothing more distracting than to have someone of Mr. Chomat's character and
integrity to come up and make a statement that's totally at variance with what we understand the facts are.
When does the contract expire or when did the contract expire? I'm sure this is probably just a mistake of —
but we ought to at least agree on the facts.
Commissioner Regalado: If I may, Commissioner. We have Bell South representative here. And, as a
matter of fact, they're willing to talk to the administration. They told me — the Bell South representative tell
me that the contract expired two years ago or three years ago but they kept paying to the City. They kept
paying what they were told to pay; -however, to be fair, they were not — the contract was not honored in the
area of placing phone next to the Bell South phone.
Commissioner Teele: I really just would like to just know one thing: when does the contract expire or when
did the contract expire? The Manager has said to July — June of 2000. Someone is now saying it may —
could we just agree on what date it expires? Is the Bell South representative...
Commissioner Regalado: Yes, Bell South representative is right here. She can... 7 "
Chairman Plummer: All right. Wait, wait, wait. Wait, wait, wait. Now, hold on.
Commissioner Teele: Mr. Chairman, I apologize. But this is a very material..:
96 February 9, 1999
Chairman Plummer: I understand, Mr. Teele.. And I'm going to give you the floor...
.Commissioner Teele: Mr. Attorney?. -
Chairman Plummer: But I only want one person at a time.
Commissioner Teele: Yeah. Could I yield to the Attorney fast, Mr. Chairman?
Chairman Plummer: Would you like the City Attorney first?
Commissioner Teele: Yes, sir.
Chairman Plummer: So be it.
Mr. Vilarello: Commissioner, both statements have their truth. In fact, the agreement has expired. By
operation of continuing to receive payments, the agreement has been extended through the year 2000, July
of 2000.
Commissioner Regalado: That's not what I was told. =
Chairman Plummer: So, what you're saying is, Bell South is online until the year 2000 and what?
Mr. Vilarello: July of 2000.
Chairman Plummer: OK. _
Vice Chairman Gort: I have a question.
Chairman Plummer: All right. Mr. Gort.
Vice Chairman Gort: I'm not an attorney so, I've got to ask this. In the original contract, does it state that, if
the contract is up but they continue to make payment, it's automatically extended?. -.
Mr. Vilarello: The contract does have an effective termination date. If you want me to get into more detail,
Commissioner, I'm going have to have to ask you to defer the item to study it further.
Chairman Plummer: I've got the answer.
Vice Chairman Gort: We need to, because if it's been terminated, then let's go for an RFP (request for
proposal).
Chairman Plummer: I've got the answer. So, there's no discrimination, let Bell South pay 12 to 19 percent
and two hundred dollars ($200) for a permit fee.
Mr. Rodriguez-Chomat: Mr. Chairman, if I may? t
Chairman Plummer: Why do you think they're going to be paying the old fee? They don't want to pay the
higher new fee.
97 f, -1 February 9, 1999
Commissioner Regalado: No, but the thing is, see, that's not the issue, J.L. The issue is that, you know, we
have to recognize, fast of all, that we have a problem. There are companies that are running around the City
installing phones and the problem — you see, the main problem is not about money, members of the
Commission. The main problem is that there are companies who install phones in areas where they think
they're going to make a lot of money.
Chairman Plummer. Sure.
- _:Jtt
Commissioner Regalado: So, they skip East Little Havana, Overtown, Liberty City, West Grove. They skip
areas which they think they're going to have loses because of phones being broken and people not using the
phones. So, they come to downtown and Southwest 8th Street and Coconut Grove and install the phone.
Chairman Plummer: Mr. Regalado?
li W+ -:r ..:.
Commissioner Regalado: And that's the problem.
Chairman Plummer. What do you want to do with this issue?
Commissioner Regalado: What I want to do is to have the administration give us a report, all of us, about —
if we know how many phones, how many companies, and the fact that Bell South does want -to talk to the
administration, talk to the City, bring a new contract, that those legitimate companies...
Chairman Plummer: That's what I said.
.71.
Commissioner Regalado: ... Want to bring also their business to the City. But doing that, we avoid all these
pirate companies coming installing phones and then we will have some wrecker to go out and take them out
if that is the case.
Chairman Plummer: Mr. Gort.
Commissioner Regalado: That's all I want.
Chairman Plummer: I'll give it to you. Mr. Gort. -
Vice Chairman Gort: My understanding -is, we do not have a contract. My suggestion is, following Mr.
Regalado's suggestions, bring them back and let's get a new contract from everybody.
Mr. Warshaw: Commissioner? . .
Chairman Plummer. Mr. Chomat.
Vice Chairman Gort: Equivalent with everyone.
Chairman Plummer: Mr. Chomat. :. r
Mr. Chomat: Mr. Chairman, thank you very much. What we were really looking" for is for=- and the
County — the City Commission to direct the Manager and the Attorney — and the City Attorney to discuss
with all the parties concerned this subject. Basically, we're looking..: _
Chairman Plummer. Mr. Regalado, make your motion.
98 February 9, 1999
Mr. Chomat: We're looking for equal treatment.
Chairman Plummer: I hear you. You said that before.
Commissioner Regalado: The motion is for the administration to meet with any legitimate companies that
wants to do business in the City of Miami and, of course, including Bell South, who still is paying,
according to the contract, but the City is not honoring their contract a hundred percent, and to come back to
the Commission in the...
Chairman Plummer: Is there a second? Is there a second? The motion was to send it all to the City
Manager.
Commissioner Teele: Second the motion.
Chairman Plummer: OK, good. People woke up. All right. So, that's what we're going to do and were
going to send it to the City Manager. Now, a deadline of 60 days?- Yeah, 60 days, Mr. Manager, come back
with a report. Mr. Gort. -
Vice Chairman Gort: My understanding is, we're going to look even at the existing contracts, right?
Chairman Plummer: Absolutely.
Vice Chairman Gort: OK.
Chairman Plummer. Look at it all. And Mr. Kay?
Mr. Kay: Yes, sir.
Chairman- Plummer: I'm telling you the thing that I brought out before is not being followed. These people
are using these pay phones for advertising. They're not supposed to do anything other than, very basically,
the name of the company and its a pay phone.
Mr. Kay: That's correct. Yes, sir.
Chairman Plummer: Well, you go look around. Mr. Regalado, alternative plan for noise abatement.
Commissioner Regalado: We need to vote.
Chairman Plummer: We already — all right. Vote on Mr. Regalado's motion for the...
Commissioner Teele: Mr. Chairman, I do want to say one thing.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I do think that Bell South or whatever the name they're going under has sort of had a
bad bump on the road here. This City is in a fmancial emergency and has been but I also think, and with all
due respect to the people you represent, representative — and I know you would represent honorable and
fine people — but we should be very careful as we move down these paths about some of these companies.:
Bell South is probably one of the most exemplary, public, corporate citizens we have in this town. I mean,
99 February 9, 1999
they are helping everywhere, and we all talk about the fact that, you know, we want a different type of
govenunent, and we want to keep taxes low and all of that. For my money, I just have to tell you that I
really do think that Bell South is one of the finest corporate citizens. And I think, when you start talking
about dollars, we need factor in some of these imponderable that we too quickly lose site of. Now, if Bell
South is twenty million dollars ($20,000,000) different from the next guy, I mean, that's a lot of
imponderable to factor.
Chairman Plummer. Not a problem if it's in our favor.. .
Commissioner Teele: But the fact of the matter is, is that I do think that you all, Bell South, has had a hard
time here this last two or three weeks, and some of us need to say thank you. I mean, when they're giving
money to these various community -based organizations, you know...
Chairman Plummer: I don't know how big your check is every month to Bell South but mine is pretty good.
Commissioner Teele: Well, I mean J.L., the only thing that Pm saying is this, I think Commissioner
Regalado is to be commended for bringing the issue forward. There's a lot of cherry picking that goes on.
The fact of the matter is is that there is very — I was at the Jefferson Reeves Health Clinic today. There's not
one telephone, Bell South, there's not one telephone in the entire health clinic, right there in Overtown. The
clinic was wall to wall with people and there's not one pay phone in there. The fact -of the matter is this,
some of these inner cities, Little Haiti, Little Havana, have high...
Vice Chairman Gort: Allapattah.
Commissioner Teele: Allapattah. They have high damages and, so, you do have to factor in the reason why
one person, that is required to provide service, is paying maybe seven percent or eight percent...
Commissioner Regalado: Absolutely.
Commissioner Teele: ...and somebody else is paying 12 percent'because that's the cost of providing those
services in some ways, where, otherwise, the marketplace just isn't going to go.
Chairman Plummer: Representative.
Commissioner Teele: And I think it's very, very important that we work and that all of us work to ensure —
and I would like to hear from Bell South just for one minute because we want to move on, ma'am. But I
really do think that it's important that we ensure that service is being provided in these areas. Because I can
tell you, if you leave it to the marketplace — we can't even get taxis, taxi cabs, where you call for it, you
know, so — and there's a reason for it. But the people who live there are not the problem. It's the negative
forces in some of these communities. Ma'am, would you just like to touch upon that point. -
Commissioner Regalado: Yeah.
Chairman Plummer: Hold on. She's second in line. First is the representative, who...
Commissioner Regalado: Just very briefly. I kept saying that this is why we need to speak to the legitimate
company, beginning with Bell South, because Bell South has a commitment of serving all the City of Miami
and that's what we should require because our fast interest is with the resident, not with the money that we
get. And we should require from every company all the areas of the City, regardless of the losses that they
take.
100 February 9, 1999
Chairman Plummer. Representative.
Mr. Chomat: Thank you, Mr. Chairman. I just would like to say for the record that my clients and I do have
the highest respect for Bell South. They are a fantastic corporate citizen. What we're asking for is, under
equal circumstances, equal service...
Chairman Plummer: To be competitive.
Mr. Chomat: Just give us equal treatment.
Chairman Plummer. BellSouth. Ma'am, you'd like to speak? Start off with your name, please.
Ms. Olga Giner. Yeah. - My name is Olga - Giner.. - I'm the account manager for Bell South
Telecommunications. I've handled the City Miami account for the past six, seven years. And there's truth to
the contract situation, the issue that came up whether it expired or not. The contract expired back in'96. At
which point and time, there was a letter from the City asking to renew the contract for an additional
five-year period, which would take it to July of 2000. That letter came to us and we started the process of
renewing the contract. At which point and time, the City had certain problems and then the contract was
never signed. So, the letter came to us asking us for renewal but, somehow, it just got, you know,
somewhere in the City and they got passed around in different departments. We continued to pay
commissions and service the account, ? and paying commissions on a regular basis like if we had a contract.
We serve as both the public right-of-ways as well as the inside locations, Orange Bowl courts, like office
buildings, public works. Anything that has to do with the City of Miami. Now, in relation to the public
right-of-way, which, I think, is the main problem, where the problem rm hearing, we do have phones in the
public right-of-way that date back to '91 or '92. Those phones have been there prior to the ordinance, the
new ordinance, that took effect, where they have a different way of permitting those phones. We do have
permits on each of the phones that are in the public right-of-way. We paid permits back then, as well, and
we have them all in file and we can offer the City, you know, -the records of all our permits. We pay — we
don't pay six and 12 percent. We pay — the way we pay is a combination, and its a different formula, so our
effective rate is 19 percent. Around 19 percent. So, we have been paying — we paid the department back
then, the ones that the City required, and we continue to pay commission and we certainly do want to sit
down and negotiate anything that needs to be addressed and we're willing to do that.
Chairman Plummer: Thank you, ma'am.
Ms. Giner: Thank you.
Chairman Plummer: The matter is now referred to the City Manager. All in favor, say "aye."
The Commission (Collectively): Aye. -- ----- -
Chairman Plummer: Opposition? Show unanimous.
101 February 9, 1999
The following motion was introduced by Commissioner Regalado, who moved -its
adoption:
�•1: MOTION NO.99-108
A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH
ANY LEGITIMATE COMPANIES WHO WISH --TO PROVIDE
PUBLIC PAY TELEPHONE SERVICES IN THE CITY OF MIAMI;
FURTHER INSTRUCTING THE MANAGER TO COME BACK
WITH A REPORT AND RECOMMENDATION WITHIN SIXTY (60)
.. DAYS: .... - . ,.. r� >. .•��o.._.. , ..'-Y ... - .�: " _ ..
. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:. r ; _ ti .:. _I 'i
AYES: : �:�_,, Vice Chairman Wifredo Gort 2 . *rici
y -.Commissioner Tomas Regalado '4uo•.,r r;
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS:.. None. _ .. .
ABSENT: None. r
33. DEFER TO NEXT COMMISSION MEETING, DISCUSSION CONCERNING AN ALTERNATIVE
PLAN FOR NOISE ABATEMENT FROM NIIAMI INTERNATIONAL AIRPORT.
Chairman Plummer: Mr. Regalado, Noise Abatement. Has that been taken care of already?
Commissioner Regalado: Yes. Well, actually, no. This is an alternative plan but I would like to defer that
maybe for the next meeting because...
Chairman Plummer: Mr. Manager, it's deferred to the next meeting. T
34. DISCUSS ONGOING SITUATION WITH THE CITY OF MIAMI'S WORKERS'
COMPENSATION. — INSTRUCT CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS FOR
INVESTIGATION OF TOP CASES INVOLVING CITY WORKERS' COMPENSATION CLAIMS —
TO VERIFY LEGITIMACY OF CLAIMS.
Chairman Plummer: We're going to skip over 31. Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman.
Chairman Plummer: Mr. Sanchez, workman's comp.
Commissioner Regalado: We're going to do 31 when?
102 February 9, 1999
Chairman Plummer: We will do 31 when the Mayor has all three of his items together.
Commissioner Regalado: Oh, OK. All right.
Chairman Plummer. Mr- Sanchez.
Commissioner Sanchez: Mr. Chairman, I would like to address the following ongoing problem in the City
of Miami and its the workman's comp claims. As you're aware, the City spent in FY 96 nine point three
million dollars ($9,300,000); FY 97, nine point four million dollars ($9,400,000); FY 98, nine point three
million dollars ($9,300,000). As it stands right now, the City of Miami has 2,794 cases open, which is a
great number compared to other cities. Two thousand seven hundred and ninety-four open claims in
workman's comp. This is not peanuts. It's costing the City a lot of money. We need to take whatever steps
we need to take to reduce these numbers.. Now, after speaking to Mario from management — Risk
Management, he states that there arerfour employees which are handling, right now, these 2,79-C: cases.
Now, the problem comes in in the following factors. One is, the City's never done anything to go out there
and get these people that are abusing the system. The dog has no teeth. - We, basically, never did enforce the
law, which are out there. The City needs to do something. And I will make a motion today, which will, I
think, reduce these numbers. ,
Chairman Plummer. Put teeth in the dog.
Commissioner Sanchez: Put teeth in the dog, if you may say so. But it's just an ongoing problem that I —I
know that, probably in the past year, somebody must have seen the red flag go up.
Chairman Plummer. OK. What do you want — your motion.
Commissioner Sanchez: Well, I — before I make the motion, I distributed a packet that gives you the
numbers of all the information. • .. — -
Chairman Plummer: I have it.
Commissioner Sanchez: If you would take time and look through that and see that this is a valid argument;
it is in the best interest of the City to take these steps right now. I would make a motion that the City
Manager put out an RFP (Request for Proposal) for a firm or fmns, that do investigative work, to target the
top 10 open cases that are costing us millions of dollars.
Chairman Plummer: Don't limit it to ten, just the top cases.
Commissioner Sanchez: OK, the top cases. I'm not going to limit it to 10 cases. The top cases to go out
there and basically investigate, make a case on the workman comp abuse, so we could do whatever it takes
to reduce these astronomical numbers that are going on today.
Chairman Plummer: OK. Motion. Is there a second?
Vice Chairman Gort: Second.
Commissioner Regalado: I'll second.
Chairman Plummer: All right.
103 • - February 9, 1999
Commissioner Regalado: Question..
Chairman Plummer. Question by Regalado.
Commissioner Regalado: How we determine the referrals and who is involved 'in the -referral process,
Mario?
ORN
Mr. Mario Soldevilla: Referral to...
Commissioner Regalado: To centers Where people get medical attention or therapy or whatever. -
Mr. Soldevilla: Right now we're going to have. 4.1 J,
(n ;1aVbtlll
Chairman Plummer. ,Your name, pleas6,1br the record.;.q;,._ t%-.L -ni3da xtit
5(4 'A o. I nt M ?5f-r)--J fr,-)
Mr. Soldevilla: - Marib,Soldevilloi-Administrator for Risk Managemem Right now.,ove have a managed care
company, which is:,Vincam.-.,When an injury occurs; -the'supervisor•calls. in an eight. hundred -niumber.
Depending on ' where the injury is, they would refer it to a center and dw.ceinter would take primary
responsibility for providing service to the employee.
if
Commissioner Regalado: And in terms of — are they fairly distributed to providers within the same
geographical area? I mean, the different cases?. -
Mr. Soldevilla: Do we have different providers?
1-A
Commissioner Regalado: Yeah.
Mr. Soldevilla: Yes, sir. They have several providers, depending on the area: Some probably a little bit
more than others, but enough to cover the whole geographic area of the city.
Commissioner Regalado: How long it takes to send a case after one provider gets into the system? How
long does it take for that new provider to start getting cases?
Mr. Soldevilla It depends on the nature of the injury, what the provider is providin'g.'
Chairman Plummer: That's not what he's asking.
Commissioner Regalado: OK. I don't want to take the time of the Commission, but I will give you some
information.
Chairman Plummer: I think what he's asking is, if a company wants to be noWa-fteW provider,16W long
would it take or is it possible for them to be referred as a provider?
Mr. Soldevilla: Yeah. We would —if a provider that would like them to provide service to the City, we
would refer them to Vincam. Vincam has their own procedures for certifying the provider and puttingthe"m'
in their...
Chairman Plummer: Who is Vincam?
Mr. Soldevilla: They're our managed care company.
104
February 9, 1999
Chairman Plummer. My question is, who are they? Are they local? I've never heard of them.
Mr. Soldevilla: Yes. Yes, they're. local. .
Chairman Plummer: OK. The matter is being referred to the City Manager. Mr. Teele.
Ms. Bertha Henry (Assistant City Manager): Excuse me.
Chairman Plummer: Mr. Teele. -
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, again, you know, I think Commissioner
Sanchez' background in working with numbers is very helpful to this Commission. Although, I'm still
waiting for CommOsioner Sanchez to clarify one of his remarks that he made aboutvho the principal
claimants are, and I say that sort of tongue and cheek Because I do know that before you start looking at
this issue, you had a different impression as to who was really abusing this system. And I do think
information is always helpful. And I do think that the Solid Waste employees have certainly, statistically,
not been the massive busers of the system, the way many of us may have thought darly on. But the point,
Mr. Manager, I think is this. About four months ago, you all proposed to come forth with a consultant on
worker's comp and that was sort of held back and I raised some questions about it and, in light of some of
those questions, you held it back .-And rm in full agreement with what Commissioner Sanchez is saying. I
want to just understand two things. Commissioner Sanchez, you said that there are how many claims open?
Commissioner Sanchez: Two thousand seven hundred and ninety-four open claims or cases.
Commissioner Teele: How many employees does the City have?
Mr. Donald Warshaw (City Manager): Three thousand thirty-six hundred.
Commissioner Teell�._Thirty-six hundred employees. -And -how many opened workei s comp claims.
Mr. Soldevilla: Two thousand seven hundred and ninety-six.
Commissioner Sanchez: But one individual...
Commissioner Teele: One individual may have...
Commissioner Sanchez: ... may have several opened claim. . __.,t_ -.
Commissioner Teele: Several opened claims and... _
Mr. Soldevilla: And not only that but also, there are — we have claims that are very old so, therefore, we
also have employees have — that have already left the City and are still kept in worker's compensation.
Commissioner Teele: Yeah. But, still, something's really wrong with the picture and we all know, as we
look around this room at many of the employees that are here day and night, you know, 24/7, so to speak,
_
the vast majority oithe City employees are not in this number. So, we've got a core gr6up of people that
have figured out something.
Chairman Plummer: Oh, yeah.
105 February 9, 1999
Commissioner Teele:_ And I think Commissioner Sanchez has sort of cut through all of the niceties and
gone right to the issue. And I think the issue is surveillance. I think, by saying the top 10 — obviously, the
top 10 know who they are, so you've just given them notice and they'll be back to work tomorrow.
Commissioner Sanchez: That'll be ten less claims. -- • ( . • • ,. _..
Chairman Plummer: Yeah, the only reason for that is so they can get a higher going out rate.
Commissioner Teele: But we have a serious problem with this whole issue, Mr. Manager, and I think, you
know, the surveillance will begin to get into it. But my fear — and I hope you will make me wrong — but my
fear is that worker's comp can verywell be one of the black holes that, when the real number hits the table —
and, you know, I know everybody's done the nod and the wink budget and the nod and wink budget that
we've all talked about, but my fear is that the biggest nod and wink budget in this budget is in the areas of
worker's comp -and some of these other areas like worker's comp,, where you've got these black holes and if
the real number hit the floor, we'd be out of budget that next day:: -
Chairman Plummer. _ Well, I think that we...
Commissioner Teele: Mr. Manager, and I really think you should ponder that because this is a classic
management challenge in the City of Miami. No politics. This is areal management challenge. How do
you quantify that without bankrupting us, and at the same time, be honest with us? And how do we sort of
work through this thing only both sides? And I think what Commissioner Sanchez is doing is a lot more
help to you than you may appreciate right now because, I think, if you were to go in and bring in an actuary
and just do an actuarial study right now, we'd all be sitting around for the next two months in budget
meetings trying to figure out how do you balance the budget.
Mr. Warshaw: Commissioner, I agree with you. I don't have to ponder it. In addition to NET
(Neighborhood Enhancement Team), worker's comp is right up there at the top with it. Has been from the
day I stepped in here. And there's no question about it, but I do want to point out that, in recent years, with
the cooperation of the Unions and education and changing the culture of the way the employees do business
with the City, I think we've had a lot more success. But, as Mario Soldevilla told you, some of these claims
were managing hundreds of claims from people who are no longer here, who we carry on basically for them.
Sometimes for the rest of their lives, so there's a lot of old history here. But you're right, it is a black hole.
Chairman Plummer: The motion by Commissioner Sanchez and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
106 February 9, 1999
The following motion was introduced by Commissioner Sanchez, who moved its
adoption
MOTION. NO.99-109
A MOTION INSTRUCTING THE CITY - MANAGER TO ISSUE
REQUEST FOR PROPOSALS (RFPs) FOR THE CONDUCT OF AN
INVESTIGATION OF THE TOP CASES INVOLVING CITY OF
MIAMI WORKERS' COMPENSATION CLAIMS TO REDUCE THE
NUMBER OF CLAIMS (CURRENTLY 2,796 OPEN CLAIMS IN THE
CITY) AND VERIFY THE LEGITIMACY OF SAID CLAIMS.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES:. Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
35. DISCUSS / REVIEW COST FOR REPAIRS OF THE ROOF AT THE CENTER FOR HAMAN
STUDIES, INC., LOCATED AT 8260 N.W. 2ND AVENUE — DIRECT CITY MANAGER TO
REALLOCATE COMMUNITY DEVELOPMENT FUNDS FOR ROOF REPAIRS FOR CENTER FOR
HAITIAN STUDIES WITH CONDITIONS. — DIRECT CITY MANAGER TO PROVIDE REPORT IN
CONNECTION WITH $170,000 FOR HIRING CONSULTANT TO ASSIST CITY WITH
APPLICATION FOR EMPOWERMENT ZONE — FURTHER REQUESTING ADDITIONAL REPORT
ON STATUS OF FUNDS ALLOCATED FOR ANNUAL COMMUNITY DEVELOPMENT BLOCK
GRANT CLOSE OUT OF GRANTS FROM PRIOR BUDGETARY CYCLES. — DIRECT CITY
MANAGER TO DRAFT POLICY PROPOSAL FOR CITY COMMISSION TO CONSIDER ON HOW
CDBG FUNDS WOULD BE ALLOCATED IF OTHER ENTITIES REQUEST SIMILAR
ASSISTANCE FOR REPAIRS.
Chairman Plummer: The next item is Item 33. The roof at the center for Haitian Studies. Mr. Manager?
Mr. Manager, Item 33.
Mr. Kay, speaking for the Manager.
Mr. Jim Kay (Director, Public Works): Yes, sir. We — Public Works took a look at the roof yesterday and
the area underneath the roof. Not yesterday, excuse me, on -Friday. We estimated the cost of repairs would
be at ninety-seven thousand dollars ($97,000 To replace the entire roof. It's an old roof on an old building.
Chairman Plummer: Mr. Manager, your recommendation?
Mr. Donald Warshaw (City Manager): There's no money for the repair of this roof right now,
107 . • February 9, 1999
Commissioner. I mean...
Chairman Plummer. What about the monies of the hundred and twenty-five thousand dollars ($125,000).
Mr. Warshaw: Which hundred and twenty-five thousand? , + -
Chairman Plummer.: 'There was a two hundred and fifty thousand, which was split. Half to go to cash and
half to go to the Haitian Studies: ;
S
Ms. Gwendolyn Warren (Director, Community Development): Half is going and half is going and it's
already been contracted for. There is no money.
Mr. Warshaw: Those monies have been allocated already.
Ms. Warren: And contracted for. . ,,.
Chairman Plummer: Well, you know; somewheie somebody around here has got to learn a lesson. Maybe
it's me, OK. Why did we waste your time to go out and do an evaluation of a roof without the knowledge
that we couldn't do anything about W I mean, is that just so that Dr. Pierre could get an estimate of what it's
going to cost him? I thought — and I could be wrong — that there were monies available and, for that reason,
we asked you all to go out and make an estimate. Other than that, why would we ask you to make an
estimate?
Mr. Warshaw: Commissioner, respectfully, we never said there were monies available. There are not
monies available.
Chairman Plummer. Don't you think it should have been said it to us, "Commissioner, we'll go do it but we
want you to know there's no money available?"
Ms. Warren: I think we did say that.
Chairman Plummer: And I would have said to you at that time, even though rm trying to help Dr. Pierre,
don't go waste my time, your time, or his time to get an estimate if you don't know what — if there's no
monies available. It doesn't make sense to me. Well — Dr. Pierre.
Mr. Laurinus Pierre: Laurinus Pierre, 8216 Northeast
Chairman Plummer: Excuse me. Commissioners are first. Mr. Gort.
Vice Chairman Gort: Don't we have CDBG (Community Development Block Grant) funding coming out
for capital improvement?
Ms. Warren: The City has an allocated capital — through CDBG an allocated capital improvement
budget. You have also specified what you were going to use those capital — currently budgeted capital
improvement funds for. It is a policy decision for the Commission to decide to take some of those monies
and we could come back and put a resolution on for you to use some of those currently allocated monies for
projects so you could? fix the roof.
Chairman Plummer: OK. At least — fine. Mr. Gort, you want to do that?
108 February 9, 1999 .
Vice Chairman Gort: I think that we need to do that. I mean, if you have...
Chairman Plummer: All right.
Vice Chairman Gort: This building is owned by the City?
Ms. Dena Bianchino (Assistant City Manager): No, it is not.
Vice Chairman Gort: No. It's owned by them.
Ms. Bianchino: I wanted to just caution you on one thing. I know that you are leaning toward fixing this
roof but we do not own the building and we need to be careful about setting precedence for people.
Whenever they have a repair problem on a property, that they come to us for funding. This is ninety-seven
thousand dollars ($97,000).
Chairman Plummer. OK. That's easy to do. Very simply, if we do the roof, you put on there, if, in fact, the
building is sold within 10 years, we get our.money back After that, we don't get our money back "
Commissioner Teele: Second the motion.
Chairman Plummer. I didn't — was that a motion?
Vice Chairman Gort: Yes.
Commissioner Teele: Well, I mean, look, we've all recognized that this is one of few organizations that's
well -managed; it's one of the few organizations that hires 20, 30 employees. How many employees do you
have there.
Mr. Pierre: Twenty-nine.
Commissioner Teele: Twenty-nine employees. It's a major job creation center. I second the motion.
Chairman Plummer: OK. The motion, then, is for the administration to reallocate funds in this matter so
that they can get the roof done, with a provision that says that, if the building is sold within 10 years, the
City gets back its money in its entirety and if it is after 10 years, the City then turns it into a grant. .
Ms. Warren: OK. ; ,� -
Chairman Plummer: OK. Dr. Pierre.
Mr. Pierre: It's already in. It's already in the first — the City should look for it. "It's already there: That if
something happens to the building, it goes back to the City..:,... r '
Commissioner Teele: Dr. Pierre, the answer is "thank you." Please. Really.
Mr. Pierre: Thank you.
Mayor Carollo: Can I ask a question? -
Chairman Plummer: All right. All in...
.. ���.il. Wit. •riC'1
109
February 9, 1999
Mayor Carollo: Can I ask a question of the administration?
Chairman Plummer: Mr. Mayor.
Mayor Carollo: Thank you, Commissioner Plummer.
please?
Where are these funds coming from for the record,
Ms. Warren: The City currently has CIP (Capital Improvement Project) funds that, during your
consolidated process, you awarded them to the Public Works Department to fix various public facilities and
roads and they're community development funds.:
- . _-_ ... ' �J• -._. .. ..- .• ., tit y; ,
Mayor Carollo: OK. .r.;
Ms. Warren: So, we will have to come back to this Commission to award those funds.
Mayor Carollo: But they will be Community Development funds...:•x :a ;!, rf : h
Ms. Warren: Yes.
Mayor Carollo: ... that you'll be awarding?
Vice Chairman Gort: CDBG's.
Mayor Carollo: OK. The other thing that I'd like to have you come back with, if you would, is a policy
proposal for this Commission to look at — and for the Commission to take action on, if it so -sees fit — on
what the policy of this Commission might be in this City if other entities come before this body requesting
similar assistance and help. How much more might there be that is allocated for things of this sort, either
this Commission can respond to when others come asking for it.
Ms. Warren: Again, just to make sure the record is clear, the Commission allocates funds annually to the
Public Works Department for sidewalks, fire stations, and other public facilities. The monies that we will
be bringing back in resolution form would be to take some of those monies for this purpose.
Chairman Plummer: That's fine.
Vice Chairman Gort: Excuse me.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort:" I'd like to clarify some things. May be I'm not understanding something. My
understanding, we had a new funding that's coming up in June, am I correct?
Ms. Warren: Yes. :.
Vice Chairman Gort: Within that funding in June, each neighborhood is going to receive Y amount of
capital improvement funds to go into those neighborhoods. So, right now, if we have monies in the reserve,
it means that our capital item improvement program have not kept up with the budget; that we're behind. Is
my understanding correct? So that money that we're going to use and you're going to reshuffle, you can get
it in June from the other neighborhoods, right? So we not affect the City's neighborhoods.
110 + February 9, 1999
_10'
Ms. Warren: Correct.
Vice Chairman Gort: Thank you. - -
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-110
-A- MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER .TO REALLOCATE COMMUNITY DEVELOPMENT
FUNDS (WHICH WERE PREVIOUSLY AWARDED TO'. THE
PUBLIC WORKS DEPARTMENT. FOR. CAPITAL IMPROVEMENT
PROJECTS AND EARMARKED FOR -THE REPAIR OF PUBLIC _
FACILITIES AND ROADS) FOR THE REPAIR OF THE ROOF AT
THE CENTER FOR HAITIAN STUDIES, INC., LOCATED AT 8260
N.W. 2 AVENUE; FURTHER STIPULATING THAT IF SAID
BUILDING IS SOLD WITHIN THE NEXT TEN (10) YEARS, THE
CITY IS TO BE REIMBURSED FOR THE COST OF SAID REPAIRS,
AND THAT AFTER TEN YEARS FROM THE DATE OF THE
REPAIRS, THE COST OF SAME SHALL BE TURNED INTO A -.
GRANT FOR SAID GROUP.
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.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Teele: Mr. Chairman, I would also point out, again, that we allocated about hundred and
fifty thousand — a hundred seventy thousand dollars ($170,000) for the Empowerment Zone. for a
consultant, and also we allocated funds for close-out activities. Those activities were never expended based
upon this Commission action. We've asked — I think Commissioner Regalado asked two weeks — two
Commission meetings ago for a report on those funds and I would renew the request that those funds — that
the balance on those funds, as it relates to the close-out grant that we allocated and the empowerment funds
be presented.
Chairman Plummer: All right, sir.
III February 9, 1999
J:
36. APPROVE $25,000 SETTLEMENT: WIFREDO FARINAS AND GUSTAVO CHAVES VS. CITY
OF MIAMI.
Chairman Plummer: Item.35 is mine. Pm going to defer that until the next meeting.
Mr. Alejandro Vilarello (City Attorney): Commissioner?
1. .
Chairman Plummer: Yes, sir.
Mr. Vilarello: We are currently set on a trial calendar and the judge has indulged us in having this matter
deferred from the last Commission meeting. We may very well end up going to trial. I would like, if we
can, the City Commission to consider this.
Chairman Plummer:_ All right. I'll come back on it. My problem here, Mr. Manager, this was a matter of
two City employees who were working for Dinner Key Auditorium; who were working for, after hours, for
the promoters, not as City employees. Now, I am now being told that the City goofed up because the money
was being paid to the City and it wasn't time and a. half or double time. Here we have two City employees
who are suing the City of Miami because they worked of 6r their hours as City employees for the promoters
and we're now asked to pay twenty-five thousand dollars ($25,000) as a settlement. What I'm trying to make
sure, if nothing more, is that this doesn't happen again. I mean, it is absolutely crazy and stupid that we
allowed it to happen this time. Now, I just don't understand how this can come about, where we're going to
be paying twenty-five thousand dollars ($25,000) to City employees who sue the City. You know, it doesn't
make any sense to me. Now, maybe Pm all wrong but rm telling you, Pll approve it, but somebody ought to
burn for the purpose of allowing this to happen.
Commissioner Sanchez: Mr. Chairman? '
Chairman Plummer: It should have never happened. Mr. Sanchez.
Commissioner Sanchez: What is this City going to do or what steps is the administration going to take to
ensure that this doesn't happen again?
Chairman Plummer: That's what I'm trying to accomplish, you know. And I'd like — Pm not asking for a
person's hide or their scalp but, by God, somebody has got to understand that they goofed up and didn't do
what was necessary to be done and because of that, we're going to be paying out twenty-five thousand
dollars ($25,000) to two City employees, who turned around and sued the City. It makes no sense to me.
Commissioner Sanchez: Did we clearly violate the Fair Labor Standard Act?
Chairman Plummer: That's the basis of a suit.
Mr. Vilarello: This is along -standing procedure where City employees were used on'the weekends to work
for promoters.
Commissioner Sanchez: Did we violate the Fair Labor Standard Act?
Mr. Vilarello: It is relatively clear that, when they were working on the weekends for the promoters, that
they also were carrying out the objectives of the City. Short answer is...
112 February 9, 1999
C
Commissioner Sanchez: Did we violate it? Yes or no?.-.
Mr. Vilarello: Yes, yes, Commissioner. -
Commissioner Sanchez: Counsel, yes or no? ,... t
Mr. Vilarello: Yes.
Commissioner Sanchez: That's all. And pay them the 25.,_._
Chairman Plummer. Well, you know; here again.M: '.i-` :,: m- .
Mr. Vilarello: If I can address one issue?
Chairman Plummer: rm just trying to make sure that we have a policy, because we can control, through that
policy, that City employees at Dinner Key can't work after hours: I: mean — because, if not, we're going to
be back into the same damn thing again and we're going to be paying out twenty-five thousand, twenty-five
thousand, because that a magical number. You don't have to go to court. We'll settle for 25. So, everybody
just settles for —the suit is for two hundred thousand but rll take 25.-,
Mr. Vilarello: Commissioner, if I can?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Before this matter was consider for settlement, the administration and my office met and they
have — they put into place the procedure that would avoid this happening again in the future. And that was
done...
Chairman Plummer: Famous last words.
Mr. Vilarello: ... prior to this matter coming to your attention. r ;
Mr. Donald Warshaw (City Manager): And, Commissioner, just for the record, it's my understanding that,
while this grievance was filed a year and a half ago, they basically filed for a time period that goes back,
what, 10 or 15 years.
Ms. Christina Abrams (Director, Public Facilities): Fifteen years. -
Chairman Plummer: Yeah.
Mr. Warshaw: So, this was an old practice...
Chairman Plummer: Yeah.,
Mr. Warshaw: ... that is not ongoing now.
Chairman Plummer: Yeah. That's just like all of these things for the stop signs that are covered bj trees::
Sue, for two hundred thousand because you know the City Attorneys Office is going to give you
twenty-five thousand. We got another one in today.
113 February 9, 1999
. - _ 'r:R.- a �-:`il.Ce �?!�..w ej..'t.,��.�v -:�:*-_ - _ ».. .. - - Y .- - _ �.'A.�.•i,�i24:
./T
0
Vice Chairman Gort: J.L., I think I can give you a little explanation on this. I think one of the things that
have happened in the past with people that worked, their requested to be utilized so they can make
additional funding, additional money. Wait a minute. Nobody was ever told that that would take place. My
understanding is, there's only two individuals out of maybe 10 or 14 that used to practice that — that apply to
this. So, I think its important for that to... : _.. _ ._ - - . . .
Chairman Plummer. Well, and — excuse me. I m not...
Vice Chairman Gort: Like they say, this goes from way back. T =' __ r'
Chairman Plummer: Mr. Gort, I am not trying to kid the two -people who• are the names here in the agenda
item. What I m saying is the process is wrong. When we have this kind of a thing and we've got to settle out
of court for twenty-five thousand dollars($25,000).
Vice Chairman Gort:•...J.L:, I understand but I want you _ everybody to -understand; especially all the City
employees, that the reason that things arechanged and they cannot longei be contracted to work overtime
because of this, so don't blame it on the City. - . r ' r;.:, y_, :;: gin.
Chairman Plummer. Is there a motion? :
Vice Chairman Gort: Don't blame it on them.
Chairman Plummer: Is there a motion? Is there a motion?
Mr. Vilarello: Commissioner? -
Commissioner Sanchez: A motion for what?
Chairman Plummer: A motion to approve.
Commissioner Sanchez: Oh.
Mr. Vilarello: Well, Commissioner, if I may? The ordinance provides that I have'the authority. Unless this
City Commission wants to adopt the motion directing me not to settle this case, I will proceed with the
settlement of the matter.
Commissioner Sanchez: Well — Mr. Chairman, I want to make sure that a couple of things — some -of the
things fall intact here. One is, we violated the workman's — the Fair Labor Standard Act; they worked more
than 40 hours; they were working for the City...
Chairman Plummer: No, they weren't.
Commissioner Sanchez: Yes — well, technically, they were. I move to pay them the money. ' , •
Chairman Plummer. All right. Listen, you make the motion. Is there a second? GIs there a second? -
Mr. Vilarello: What is the motion? ,
Commissioner Teele: Second.
114 '. • I February 9, 1999
Chairman Plummer. The motion is to approve the settlement.
Mayor Carollo: Commissioner?
Chairman Plummer: Mr. Mayor.
Mayor Carollo: If we could let Christina Abrams...
Chairman Plummer: Well, wait a minute. Excuse me, Mr. Mayor
without a second. Is — for the second time, is there a second?
Hold on. There's a motion on the floor
Commissioner. Teele:. I seconded it. :.
Chairman Plummer. Seconded by Commissioner Teele. Mr. Mayor, you have the floor.
Mayor Carollo: If I could ask the Chair if you could let Christina Abrams address this Commission on that?
Chairman Plummer: Christina Abrams. If -
Ms. Abrams: Thank you, Commissioner. I just wanted to state on the record that these employees, while
we understand the arbitrator's ruling and we've changed our practice going forward, these employees were
working directly for the promoter, they were not forced to; they were not asked to; they were not paid
through the City, nor did the City have any say into whether they would work or not. It was strictly between
the promoter and the employees.
Chairman Plummer: That's it..
Commissioner Gort: Question: The payroll for that period they worked was paid by the promoter, not the
City?
Ms. Abrams: Directly by the promoter in cash or in check, we don't know how? It was directly between the
promoter and the employee.
Chairman Plummer: See. Hey
Commissioner Sanchez: What is your recommendation?
Mr. Vilarello: My recommendation is this matter be settled.
Chairman Plummer: Yeah, sure.
Mr. Vilarello: These individuals...
Chairman Plummer: What's twenty-five thousand?
Mr. Vilarello: ...these individuals were carrying out, essentially, the same job functions that during the
week, that they were on the weekends. In my opinion, they were essentially employees of the City at the
same time, even though they did a lot of their work for the promoter. For a Fair Labors Standard Act, as far
as I'm concerned...
115 February 9, 1999
Z
Chairman Plummer. With that attitude, we lose in court.
Mr. Vilarello: ...this was a problem and they should have been paid time and a half overtime, when they
work more than 40 hours.
Chairman Plummer: All right Lzfi wrap it up-.
Commissioner Sanchez: Well, Mr. Chairman.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: You said twenty-five thousand dollars ($25,000) is.nothing:,.I juaranteeyou, we
go to court, we're going to get zapped on this one. I guarantee it.
Chairman Plummer. OK. Well, what's twenty-five thousand? It's just another — OK. There's -a motion on
the floor. All in favor, say "aye.;! blu-,izi! i
Chairman Plummer: Show me negative.
The following motion -was, introduced by Commissioner Sanchez,,. who- moved its'!-
adoption:
MOTION NO. 99-111 1
A MOTION AUTHORIZING AND APPROVING THE PROPOSED
$25,000 SETTLEMENT OF WIFREDO FARINAS AND- GUSTAVO,:..z
CHAVES VS. CITY OF MIAMI CASE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Chairman J.L. Plummer, Jr.
ABSENT: None
116 February 9, 1999
37. (A). DISCUSS COMPREHENSIVE MONTHLY STATUS REPORT INCLUDING CDBG FUNDS
AND AUDIT OF COMMUNITY REDEVELOPMENT AGENCY.
(B). DIRECT CITY MANAGER TO PRESENT REPORT AT NEXT MEETING REGARDING
FISCAL IMPACT OF ANTICIPATED RETIREMENTS FOR THIS FISCAL YEAR.— ` -
Chairman Plummer: All right. Mr. Manager, discussion concerning the comprehensive monthly status
report.
Mr. Dipak Parekh (Director, Management and Budget): Good afternoon, Mayor and Commissioners. My
name is Dipak Parekh, Director of Management and Budget. `-And'we also have Julie Weatherholtz,
Director of Finance.
. t .�.'� - "i•1'j '•!-�:�i.;rtt .�3 .)1 i�.,{liir. _'ii .. f: .•:.t _.:;J:!Y� .'.::1:. _. ... "1.:.'.
Chairman Plummer. She's been here for three months and all of her hair fell out: '? 11ha' j
.�- ... . •r,',. e:..: ."1'�ii�n1 °, .',.•„ -- - it.+ , n .`i, JY';Js•f it°, ..
Mayor Carollo: You lmoW,`I almost'was going Io "say something similar: There was something different
about Julie that I didn't recognize: "': .�r ,: ait.ta: tr; ;�,. �s.._ . - r �r• , .... _ „s:Naii 't ...
*t:S 3 .. r
Chairman Plummer. That job gets to you, right?
• _ _ l .. � -�. •,: . ._}-'+' -_. .._ w• .:IV; _�d. .7:ilxi:w:.t,.+..1.'i'. L,•:.7C'„•i :l�••�ifi�.?i,i.i
Mayor Carollo: It was the hair that was...
ChairmanPlummer. Mr. Dipak?
Mr. Parekh: Yes, sir.Commissioner, the..:
Chairman Plummer: Have you concluded?
Mr. Parekh: The year-end surplus, Commissioner, stands at five point five million dollars ($5,500,000). All
the departments are in compliance of their annual budget, which is a great thing to say for all the City
departments and City heads. The only cause of concern, which I may have, and that will be cropping up in
the next couple of months, is the amount of people who are going to be retiring and the -amount of vacation
and ill time pay off. We'll gradually see that, because of that particular pay out, the surplus of five point five
million dollars ($5,500,000) will diminish. Secondly, to add to that, once the other positions start getting
filled in at an increasingly higher stage, you will possibly see the final amount of the fund balance 6 come
roughly around two five to three million dollars.- Now, that excludes any emergency'items which may crop
up. The second point, which I would like to mention for the record, is that in the month of March, the City
administration is going to come before the City Commission with an appropriation ordinance, in which you
will see some changes to the budget, number one. We're going to be taking the prior encumbrances and
rolling them forward into this physical year budget, which we need to do by law arid,'secondly,•some'of the
issues which the City Commission and, as well as the Manager, which have been mentioning in terms of
NET budget and soon, will be brought before the City Commission for discussion and review.""'
Chairman Plummer: Thankyou, sir.
Commissioner Sanchez: Mr. Dipak, we're going to give gold star, OK? -'
Mr. Donald Warshaw (City Manager): We're not finished -yet.
117 ' ' ' February 9, 1999
Chairman Plummer You're not finished yet. "All right.
Commissioner Sanchez: I think it's the first time this budget's ever been balanced.
Ms. Julie Weatherholtz (Director, Finance):' And also I wanted to add that Finance is in the process of...
Chairman Plummer. :,.Do we know who you are? , -
Ms. Weatherholtz: I'm Julie Weatherholtz, the Finance Director for the City of Miami.
Chairman Plummer: Good. Glad to hear you. Nice to have you.
Ms. Weatherholtz: Thank you. As you look through your monthly report this month, you'll see that there's
been changes — not really changes. There's been additions to it. • Everything that has been in the past is still
in the report, but we've also added some — started incorporating some summary information, such as
narrative, graphics, and charts to explain what has occurred financially by the month and also year-to-date.
In addition, staff is currently reviewing all of the detailed accounting to ensuMthat,the grouping of accounts
is appropriate and in compliance with the state Chart of Accounts. As we make recommendations, you'll
see them in the monthly financial report then and then they will be implemented in the following month.
During the month of December, we reviewed all our general fund revenue and expenditure groupings and
have our recommendations incorporated in the report. During the month of February, were going to
proceed to review both the debt service and all the trust and agency funds. And then, during the
March/April time frame, we'll go ahead and look at all of the special revenue funds. We feel that the
expansion of this monthly financial report will help provide relevant, timely, and essential information and,
as each month goes by, staff would expand and streamline the information to try to meet all the needs of all
the users of the monthly financial report.
Chairman Plummer: Question. Are there any red flags flying that this Commission should be concerning
itself about?
Mr. Parekh: As I mentioned the issue about retirements, I think, when we start looking at the year 2000
budget, I think I need to inform the City Commission that those retirements and the pay out for those
retirements is going to be immense. The impact...
Chairman Plummer: OK. You don't have to go into it now. I would appreciate that you reduce that to
writing and get it to each Commissioner so that we can possibly discuss it at the next Commission meeting.
Mr. Parekh: OK, sir.
Chairman Plummer: OK. Thank you.
Ms. Weatherholtz: One other issue that we're working with and were working with the auditors now is,
we're reviewing what our reserves are necessary for our self-insurance fund, both our policies and are health
insurance. Currently, under governmental accounting standards, the reserves are reported' in a certain
fashion and we're working with the auditors to assure that we start expensing and appropriating funds for
that area.
Commissioner Teele: Mr. Chairman, before you move on.
Chairman Plummer: Mr. Teele.
118 February 9, 1999
Commissioner Teele: -"Again, Mr. Manager, I want to thank you and Pm sure commend you and your
financial team because what were seeing now is really a light year from where we were a year ago, and I
think the proactive nature of this is — leaves a lot of us very encouraged. - How much money is in the
Regalado fund?
Commissioner Regalado: Not a cent. ..
Chairman Plummer: Too much.
Commissioner Teele:. No, seriously, seriously. -.Commissioner Regalado escrowed all unanticipated...
Commissioner Regalado: Nothing. * ; , F:c
Commissioner Teele: No, no, no. There's been at least three different occurrences of un...
w;-,ir:.. = ...
Mayor Carollo: Be careful how you describe that. I don't want to get a levy on that one too. Go ahead.
Commissioner Teele: I'm missing...
Commissioner Regalado: Well, what are you saying, Mr. Mayor?
Mayor Carollo: Exactly what I said, Mr. Commissioner.. a.' '� i. • + =°•
Commissioner Teele: If I said something wrong, I apologize to both*of you.
Mayor Carollo: None. I just like for you to clarify that.
Chairman Plummer: Can the Chair know what's going on around here? .
Commissioner Teele: No. No.
Commissioner Regalado: No. No, no. Nobody knows what's going on.
Commissioner Teele: No.
Chairman Plummer: Hello?
Commissioner Regalado: I don't know. 1 was — Commissioner was asking on the special account of the
City.
Mayor Carollo: That's right.
Commissioner Regalado: It's not my personal account.
Mayor Carollo: That's right.
Commissioner Teele: In the special account of the City... ,
Mayor Carollo: That's why I wanted that clarified for the record
119 February 9, 1999
Commissioner Teele: In the special account of the City that was, I . think, astutely authored by
Commissioner Regalado during the budget hearing, all unanticipated revenues were to be placed in an
account, because we've seen — and I've seen it happen all of my government days — you put it in the main
pot and...
Chairman Plummer. It disappears.
Commissioner Teele: ...at the end of the year, it evaporates. So, the question is, how much money is in
that? We had at least three different items, that I recur, since September that have been — if you would,
would you give us a report on the status of that account and that number? And, secondly, in this vein, the
close-out activities in Community Development, Mr. Budget Director, how are you all coming on that?
Have you all closed out any of the 24 years yet? _... - .......
Mr. Parekh: Commissioner, I've not been, involved -in that particular exercise and PIl suggest that Ms.
Gwendolyn Warren answer that question.
Commissioner Teele: Well...
ms. Weatherholtz: Pd also like to comment that the Finance Department is working very closely with the
Community Development Department on this issue. We have some temporary individuals on staff that are
working with my new chief accountant, Catherine Graham, and they're working on reconciling all of the
financial systems to the Federal Ida system and, as we proceed through that,'then well be able"to give Gwen
a clearer picture and assist her in closing out those projects.
Commissioner Teele: Well, certainly, the Manager can overrule the Commission in what he's doing and
what he's done, and I don't object to it. But I think it's a very dangerous precedent not to have the
Management and Budget Office involved in close-outs. I mean, you talk about asking for something to get
swept under the rug. It is — and that is no reflection on you. You weren't there 24 years ago or 23 years ago
or, for that matter, one year ago. But I really do think that the — as I read the department mandate of
Management and Budget and as I understand the Commission resolution during the budget hearing, I
believe that it should be all three departments. It should be Finance; it should be Budget, and certainly
Community Development. But Mr. Manager, you're asking for some issues, I think, that none of us are
going to want to explain or deal with if this thing doesn't come out right.
Mr. Warshaw: I'll ask Dipak to clarify his comments because they, all three, are working together in a
partnership to come up with the end result.
Chairman Plummer: All right. Does that answer your question?
Mr. Warshaw: No. I want Dipak to say it on the record, if I may?
Chairman Plummer: All right
Mr. Parekh: On the record, the Management and Budget, especially the CEP (Capital Improvement Project)
section, is only involved in the CIP area. What the overall mission was to take a look' at the entire series of
programs and review that and then come back. On that, on the overall perspective, Management and Budget
is not involved at all. On the CEP area...
Chairman Plummer: (inaudible) make it now..
120 February 9, 1999
Mr. Dipak: ... where we have a mandate...
.Commissioner Teele: You know — but, see, the problem that I have, Dipak, with all due respect, is that
everybody — I just went through a meeting like this with Mr. Martinez. Everybody you call in a
department and everybody comes in and they talk about their narrow little area, OK? But the problem is,
when the manure hits the fan, its going to be the Commission. The question is one thing, are we closing out
annually and how many years, if any, have been closed out? What year — we have — this thing is supposed
to be closed out — every year you're supposed to close out some year. Admittedly, there may be a three-year
lag, a four-year. I'm willing to concede to a five-year. lag, but we've been in this program now for 20 — how
many years, Ms. Warren?,
Ms. Gwendolyn Warren (Director, Community Development): Twenty-four.
Commissioner Teele: Twenty-four years. And in the 24 years we've closed out how many years?
Mr. Parekh: Zero.
Commissioner Teele: Zero. So, let's — that the point that — have.we closed out any years, Ms. Warren?
You seem to have a different view. And, if so, could we just get the close-out of those years forwarded to
us?
Ms. Warren: We have been able to roll forth and/or document all monies through the 19th — from zero to
19. We know which years we're dealing with now.
Commissioner Teele: OK. Ms. Warren?.
Ms. Warren: Yes, sir.
Commissioner Teele: To close out, you know as well as I do — we all. read "The Miami Herald" — it
requires a Commission action to approve moving those funds forward. It requires a public hearing.
Administratively, you cannot move funds from one agency to another. I mean, if the Urban League, let's
say, hypothetically, was there in year one, you can administratively reallocate perhaps some of their monies,
as long as it's within the same six categories. But if you're taking money from an Urban League account,
say in year one, and moving it to an OIG (Office of Inspector. General) account in year two, we need go
ahead and do that. And that's a part of the OIG audit.
Ms. Warren: I guess what I'm trying to, and not very well, articulate that the term that we're using that
"we've never closed out" is not consistent with what the OIG (Office of Inspector General) is requiring.
Whether or not we actually did the proper filings in the prior years, those records are not available. What I
can assure you, is that prior to the 19th year, the City has no money of record with HUD (Department of
Housing and Urban Development). All of the monies have either been allocated in current year and we're
currently going through year 19th to the 24th to identify every dollar and where it is, so we can do a proper
reconciliation. The issue of closing out, which is something you do six months after the end of a fiscal year,
we cannot possibly do more than five years or prior to the 19th year because those records are not available
to us; they're not maintained by the Federal government, and it is no longer an issue. What we do have are
federal contracts and monies that are in various stages from the 19th year to the 24th year. -What the
Finance Department and Community Development is doing is going through every account and every
contract, doing a reconciliation and making sure that all of those monies are accounted for. You know
exactly what happened to them. And then what will happen is, we'll close out the 24th year, which is legally
121 February 9, 1999
f
what we have to do. That cannot happen without coming back to you.
Commissioner Teele: Finally, Ms. Warren, the Manager and the Mayor both have indicated that some
monies are missing from the CRA. How is the tracking of those funds coming? The hundred and — it was
seventy-seven million dollars ($77,000,000), I think, "The Herald" reported was missing. _
xis 7:ir .:. - ...
Ms. Warren: - Someone else will have to speak to that because the seventy-seven million dollars
($77,000,000) is not CDBG.
Commissioner Teele: How are we coming in tracking the funds that the Manager has represented or are
missing or unaccounted for, I think was the term the media used? And when will we able be able to account
for those funds?
Ms. Dena Bianchino (Assistant City Manager): The CRA (Community Redevelopment Agency) board
passed a resolution to hire an auditor to do the audit:
Chairman Plummer: Correct.
Commissioner Teele: Yeah, but the CRA doesn't — I mean, contrary td what the media reported, the CRA
does not and has not written checks, and what the Manager said he was doing was that he was checking
through the Finance Department — I mean, the audit that will be done will be done as it has always been but
the audits have always been done and there are no funds — there are no program funds that are missing. The
checks — the dollars expenditure is where the audit must be and those checks have been always' with the
Finance Department. ., , • . .: ,;t 4 r.
Mr. Warshaw: Commissioner, so that we wouldn't have a duplication of effort, we have met with KPMG
and they are the auditor of choice, I believe, for the CRA.
Chairman Plummer: They're the only ones around here we use.
Commissioner Teele: They're the only ones — no, no, no. The CRA uses the City auditor. They're the only
ones, to my knowledge, selected.
Mr. Warshaw: I stand corrected. KPMG is going to be conducting the audit and so that we don't have to
pay them in effect twice, we've reached some kind of an agreement that what they'll do will basically be
what the CRA and the City simultaneously are asking for us. They'll produce one document.
Commissioner Teele: One document.
Chairman Plummer: All right. Let's move on.
Mayor Carollo: Mr. Chairman, for the record.
Chairman Plummer: Mr. Mayor. . -
Mayor Carollo: If I could take the floor for a second?
Chairman Plummer: Sure. -
Mayor Carollo: Since the Mayor's name was mentioned. The only request that I was in favor of, and I think
122 February 9, 1999
that's what the Manager was in favor, was that we would ascertain how the seventy-seven million or so
dollars were spent that went into the CRA. I have not made any allegations at all. I just wanted to see
where it was spent.
Chairman Plummer: ' Thank you, sir.
38. AUTHORIZE / APPROVE AMENDED AGREEMENT WITH LEASE FOR GROVE HARBOUR
MARINA AND CARIBBEAN MARKETPLACE — DIRECT CITY MANAGER TO ADVISE
OVERSIGHT BOARD OF DANGER TO CHANGE PROPOSALS ONCE RECEIVED — FURTHER
DIRECT CITY MANAGER TO ADVISE COMMISSIONERS WHEN ALL DOCUMENTS RELATED
TO DINNER KEY BOATYARD MARINA/ MARKETPLACE PROJECT HAVE BEEN EXECUTED.
Chairman Plummer: Item 38, Mr. Manager. ;
Mr. Donald Warshaw (City Manager): Mr. Mayor, Commissioners, before -I ask Ms.•Bianchino to explain
some of the elements of the change, let me just bring you up -to date. Late Friday the Oversight Board
submitted a series of questions regarding the Grove Harbor Marina package. 'Ms. Bianchino, and others,
have been meeting late Friday, over the weekend, as early as this morning, with Mr. Robert Beaty, members
of the development team, members of City staff. And during the lunch hour, the document that's just been
handed to you basically addresses the four questions that were set forward from the Oversight Board. And
it's my understanding — and I'll let Dena explain it to you in depth = that what you" see is'an agreement
between the City, the Oversight Board, represented by Mr. Beaty, who is the head of the Contract Review
Committee, and City staff, to agree on the issue of these four questions. ' • - • • -' - i
Chairman Plummer: What about the developer?
Ms. Dean Bianchino (Assistant City Manager): Yes.
Mr. Warshaw: With the developer and all the parties.
Chairman Plummer: So, it's a three party...
Mr. Warshaw: Correct. .
Chairman Plummer: OK.
Mr. Warshaw: That being said, if the Commission approves these four items, while technically the
Oversight Board would still have to approve them, I could go so far as to say because they were involved in
this negotiation, that it would all be but done. • I -
Chairman Plummer: OK. So this is final and Amen if the Commission approves these four changes?'
Mr. Warshaw: Yes.
Commissioner Sanchez: With the recommendation — with the approval of the Oversight Board...
Ms. Bianchino: OK. Let me...
Commissioner Sanchez: ... but it will be final?
123 February 9, 1999
. -C ..,e r-•ri a_...,._ v.-. ...:r.,M,:'j.i :-�T: Y.'. 'r'.-. - - -. - - - - .. - -- n
Chairman Plummer: That's... i ri . �!' ' • �! r'f.1- r.•
Mr. Warshaw: The Oversight Board, again, in this case, is Robert Beaty, who is the lead of the Contract
Review Team because he was a part and parcel of these negotiations and the settlement you have in front of
_you, that the answer to that would.be.yq•
Commissioner Sanchez: So, I do don't think,he would object to this?, _
Mr. Warshaw:.I strongly doubt it. : i : ► , ,T ," , t ► ., ' r
Chairman Plummer! No, he didn't object. --That's '* iy I -asked was it three -party "All right. Is there a
motion?
Vice Chairman Gort: Move it.. .°. ,
Chairman Plummer. Move it by,Gort. Seconded by Sanchez.KAnyfiuther discussion?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: All in favor, say "aye."..
•, iC i�:l.
Commissioner Teele: Mr. Chairman, Mr. Chairman? Y ,,, ' .. ;,-•,: ,
Chairman Plummer: Mr. Teele.
Commissioner Teele: I saw a letter signed by Mr. Beaty and I would certainly hope that, Mr. Attorney, that
you would meet one on one with Mr. Beaty, as an attorney. Mr. Beaty's a member of the Bar. Explain ultra
virus and, please explain the fact that we're obliged, under the. law, to a document called an RFP or Request
for Bid or whatever. We can't start changing bid requirements and I would hope, whatever we're doing here
now, whatever we're doing here now, does not establish a precedent in our dealings with the Oversight
Board that we're going to engage in ultra virus acts and in acts that, quite frankly, as — are condoned ultra
virus acts by the Oversight Board but, quite frankly, get into the slippery slope of changing bid documents
after the bid has come in because I can tell you from the four corners of the document that I reviewed by Mr.
Beaty, it is clearly, clearly beyond the authority of the Oversight Board; it is clearly beyond the authority of
this Commission, and it is clearly, I think, establishing a precedent, if we were to adopt those, that we're
going to start negotiating or changing bid documents after the bid is out. And I just think — I just have a
very, very strong reaction to that. Hopefully, these changes are going in the City's best interest as it relates
to that but even that — and every court has always ruled — that does not make it right, t_ -. ' . -
Chairman Plummer: All right.
Commissioner Teele: The City is a party to a contract when we issue a bid and we have to abide by the
terms of the contract, just like we expect someone else to. Mr. Attorney...
Chairman Plummer. And the City... ;- t
Mr. Alejandro Vilarello (City Attorney): Commissioner, I understand completely your point. This is not
exactly a bid but I do understand exactly your point.
124 February 9, 1999 ' '
Commissioner Teele: Please. Thank you.
Chairman Plummer: The City has lost hundreds of thousands of dollars under procrastination. It's
unfortunate. All in favor...
Commissioner Regalado: One just final question. Apparently, we have gotten now a mucKbetter deal but I
think twice we have go back and forth to the Oversight Board Mr. Manager, why, from the beginning, we
could have not done the same and bring all this to the table several months ago? .. '
Mr. Vilarello: Commissioner, if I can respond, the process that this City Commission agreed to with the
Oversight Board provides for contract review after the Commission makes its decision. So, Mr. Beaty, as
the Chairman of the Contract Review Committee, was only able to consider the contract after this .
_ Commission acted. He did that on the first round and did bring back comments, to which we did provide additional amendments. When he finally sa#the agreement hi the next form, he had some additional
comments. This is contemplated by the process. =
Commissioner Regalado: My question is, would he add anymore questions tomorrow?
Mr. Vilarello: Well, I think that that one's been resolved by what the Manager did in having Mr. Beaty
participate in the process... ,
Commissioner Regalado: I mean, twice.
Mr. Vilarello: But we don't anticipate, at this point, any further questions.
Commissioner Sanchez: I can answer the question.
Commissioner Sanchez: Let's just get over it. If it's a good deal for the City, let's go with it. If not, let's
move on. I mean — the City is losing money in that project — that property there looks it's an eye sore to
- - the City. - -�
Chairman Plummer: All right. All in favor of the item, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
r
125 - February 9, 1999
The following resolution was introduced by Vice Chairman Gott, who moved its
adoption:
RESOLUTION NO. 99-112
A RESOLUTION OF THE - MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING RESOLUTION NO. 97-774, AS
AMENDED, TO REVISE CERTAIN TERMS AND CONDITIONS OF
THE LEASE AND DEVELOPMENT AGREEMENT ("LEASE"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH GROVE
HARBOUR MARINA AND CARIBBEAN - MARKETPLACE, LLC
("LESSEE' % AS APPROVED BY. THE CITY. COMMISSION ON
OCTOBER 28, 1997, TO AMEND SAID LEASE AS SET FORTH IN
"ATTACHMENT ONE", ATTACHED, HERETO. AND - MADE A
PART HEREOF, TO, INTER ALIA: (1) AMEND THE DEFINITION
OF -ACCEPTABLE. OPERATOR :. (2) - ADD AND DEFINE
"MARKETPLACE VENDORS FEE"; (3) AMEND THE DEFINITION
OF - "GROSS REVENUES";- (4) DELETE AN EXISTING
SUBSECTION AND. SUBSTITUTE IN LIEU THEREOF A NEW
SUBSECTION TO CLARIFY THE AMOUNT OF RENT TO BE PAID
TO THE CITY BY MARKETPLACE VENDORS; (5) TO CLARIFY
THE AMOUNT OF RENT FOR PERK l-rED USES NOT
SPECIFICALLY IDENTIFIED; (6) AMEND AMOUNT. OF RENT
FOR MARINE SERVICES FACILITIES; AND (7) AMEND AMOUNT
OF GROSS REVENUES TO BE RECEIVED BY OPERATORS OF
RESTAURANTS AND PROVIDE FOR ADJUSTMENTS, IF
DEEMED APPROPRIATE; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE SAID LEASE,
AS AMENDED HEREIN, FOR THE PLANNING AND DESIGN,
CONSTRUCTION, LEASING AND MANAGEMENT OF A
COMMERCIAL AND RECREATIONAL MULTIPLE USE FACILITY
INCLUDING A FULL SERVICE BOAT YARD, MARINA, MARINE
RELATED RETAIL USES AND A PUBLIC MARKET, WITH
ADAPTIVE REUSE OF TWO EXISTING HISTORIC HANGAR
STRUCTURES ON A 13.55 ACRE SITE (6.95 UPLAND AND 6.6
SUBMERGED ACRES) ON DINNER KEY FOR A PERIOD OF
FORTY (40) YEARS.
126 : ' February 9, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr. _
Chairman J.L. Plummer, Jr.
"-!
NAYS: None.
ABSENT: None.
Chairman Plummer.. Mr. Manger, would ask, please, that you so notify this City Commission when the
ink is on the paper.
Mr. Warshaw: Yes, sir. f, .
39. DEFER TO COMMISSION MEETING OF FEBRUARY 23, 1999 DISCUSSION CONCERNING
qET 9 PROGRAMMING.
Chairman Plummer. All right, sir. Mr. Mayor, I'm now going back to'the items you're involved in. Item 31,
Commissioner Regalado's request of NET (Neighborhood Enhancement Team) 9 Programming.
Mayor Carollo: rm involved, as all of us. I just wanted to be present when this item was Tieing discussed.
Chairman Plummer: All right, sir. Mr. Regalado.
Commissioner Regalado: Sure. I don't know, Mr. Chairman, how many time we have...
Chairman Plummer: Why don't you defer it until the next meeting? We're all trying to get to the Gusman.
Commissioner Regalado: I was going to say that. 1 think that it is important that this Commission will have
time to — and I will write a memo to the members of the Commission and the Mayor. So, if we can have it
on the agenda, the next meeting on the 23rd...
Chairman Plummer. Mr. Manager, it's on the next agenda.
10. DISCUSS / INSTRUCT CITY MANAGER TO HAVE POLICY RELATED TO WAIVING FEES
FOR SPECIAL EVENTS / PARADES / FESTIVALS IN NEXT YEAR'S BUDGET.
Chairman Plummer: Item 34. A policy for waiving fees and parades and festivals. I think what we need to
do there, Mr. Manager, is start looking toward October 1 that — there's nothing we'can do this year. Our
budget is already established And I don't think there's any way that the Oversight Board is going to allow
anything to happen.
127 ; February 9, 1999
Commissioner Sanchez: What happened to the motion I made?
Chairman Plummer. Your motion was?
Commissioner Sanchez: My motion was simple. Each Commissioner pick a parade or an event, put a
budget on it, put a cap on it the amount equally for everyone.
Chairman Plummer. But the problem is right now, where are you going to r get the money from?
Commissioner Sanchez: Well, that's.'-.:
Chairman Plummer. Well? No, there isnowell. If'wecould gotothe well and get the money, wed be all
right. f.
Commissioner Sanchez: The well is dry.
Chairman Plummer= ThWs'lwhy. I. said that I think we -should start working ofi ihiiIs is -it
rograrn that would
be instituted in October but would be considered during July when were doing the budget: ,41,
Commissioner Teele: Mr. Chairman?
Chairman Plummer, Mir. Teele._
y
AJ
Commissioner Teele:I heard Cominissi-bifei-Sanchiz I think 'we'ifi6uia—a-ckd4o'—w-ledg-e'—
that there are six
elected officials in the City and not five... But the fact, I think that's also important, is that I don't really think
this is going to look g66d in the context that - yqu know, it looks almost like we're just political log -rolling
— I mean, I think there are some things that we all should agree on that we ought to work with. Calle Ocho
or Three Kings or...
Vice Chairman Gort: Calle Ocho isn't in the budget.
Commissioner Teele: I mean — I apologize. I meant Three Kings or Martin Luther King or, you know, the
Nicaraguan — you know, I think whatever those three or four things are, we ought to all agree on those. And
then, you know, I think that there should be a dollar limit established as a contingency.
Chairman Plummer: Well, that's why I'm suggesting.,
Commissioner Teele: And that no Commissioner may request more than, you know, one sixth of that
amount of the contingency. But I think just listing five Commissioners getting one parade is really going to
look like political log -rolling, and I really think that we ought to try to get a policy. And I think it ought to
bear some resemblance to the City of Miami and those events that are important, that need support.
Chairman Plummer: Mr. Mayor, you wish to discuss?
Mayor Carollo: Yes. Thank you. We had a policy for dealing with parades and festivals -and what have
you and that policy was simply the'�i lidy that this City was not going to be spending any money m any such
po
parades or festivals, no matter how worthwhile they were, and we have many that are, until -things %yere
different for the City. Frankly, with all due respect to all my colleagues', when we have the ., millage.rate at
the highest, when we have fire fee instituted that no other governmental entity has here, and when we still
have to get over some of the areas that we still have not gotten over, I think were going back to some of the
128 - February 9, 1999
Genesis of what got us into this situation to begin with, if we start making any new policies that are
different. Having said that, however, I will say that if a majority of this Commission wishes to go forward
for the next budget, beginning October 1st — and, hopefully, by then we can come up with some things that
would make things a lot brighter and easier for our residents so that we could be able to contribute to maybe
a few parades that we could all really feel good about, that the City contributes to — I would suggest that, if
that's the case, as we're planning next year's budget, that we take an action, if that's the will of this
Commission, that will not be an action that will look at this City into districts or wards but to look at the
City as a whole. You know, there is no parade or festival that's only going to have people one district come
to it or be enjoyed by people of one district within the City. I think that the more that we get away from
maybe doing things the way that are sister governmental entity, the County, has done with their districts, the
better we would be. Let's learn from the mistakes that they've made and not keep repeating them in our
system of districts in the City of Miami.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: It was my budget. rm willing to pass it on to next year's budget, but rm I want
to make sure that whatever is done, I think that the taxpayers of this City deserve to have parades. I think
that the City should pickup the tab for those parades.. And, you know, how we do it, I don't care, as long as
we do do it.
Chairman Plummer: Well, when you say pick up the tab, obviously limited?,
Commissioner Sanchez: Of course. rm not saying to pick up the limit but...
Chairman Plummer: OK. -All right. So, as I understand it, we're then instructing the Manager to give
consideration for the purposes of establishing a_policy in the next year's budget relating to — let's call it
Special Events, rather than... .
Commissioner Sanchez: Special events.
Chairman Plummer: Special Events. OK.
Mayor Carollo: And Mr. Manager? If I may, Mr. Chairman?
Chairman Plummer: Sure.
Mayor Carollo: What the Commission will really need, so that it can.make anintelligent decision, are the
hard numbers of any of the festivals, parades, special events, that you might give to the Commission to
consider. Give them the real numbers'of what it would cost for each one, for police,.fre, sanitation,,so they
could see where the money's going to and,the public would see that also..
Commissioner Sanchez: Right. Because each event is different... .S. .
Mayor Carollo: Yeah v
ery different. _ • „
129 February 9, 1999
41. DISCUSS/ DEFER TO SPECIAL MEETING OF FEBRUARY 16, 1999 PROPOSAL PROFFERED
BY TCI / AT&T / MEDIA ONE TO RESOLVE CABLE TELEVISION FRANCHISE LICENSE
RENEWAL ISSUES — ALSO SCHEDULE DISCUSSION IN CONNECTION WITH FUTURE OF
MIAMI CIRCLE. _
Chairman Plummer. ' All right. We're now on Item 37. Discussion concerning TCI (Telecommunications,
Inc.), AT&T, and Media One and a Cable Television License. Mr. Manager.
Mr. Donald Warshaw -(City Manager): I m going to ask Matthew Leibowitz to make a presentation to the
Commission.
Chairman Plummer. OK.
Mr. Matthew Leibowitz: Mr. Mayor, Mr. Commissioners, Mr. Manager. For the record Matthew
Leibowitz, Suite 1451 Southeast 3rd Avenue. As I believe you all are aware, and you've had circulated to
you a copy of February 1, 1999, letter to me from both TCI and Media One, which, in part, summarizes the
initial framework, if you will, of a deal which culminates over five years of agonizing — and I stress the
word agonizing — deliberations and negotiations. We're not there yet but weve much closer than we've ever
been. The outline, -as contained in the February Ist needs elaboration: We have gotten some documents
from the administration and we have also made some comments. It is our anticipation — our hope and
anticipation that we would, in the next few days, have a more definitive offer fleshed out from the — based
on the February 1st letter, and that we would quickly move to a definitive franchise and ordinance. We're
already in process. And what I'm holding, I guess, a third draft and those multiple tabs symbolize just one of
the person's comments on the multiple questions that we have. It's a very time, consuming, laborious
process. But for the purpose of today, let me summarize where we've gotten so far. In terms of past
financial issues, fast of all, we have gotten the companies to waive any claim for the eight hundred and
twenty-five thousand dollars ($825,000), which has been in dispute for a number of years. Second, in
response to the numerous technical violations that have existed over the years, TCI has offered to pay two
and a half million dollars ($2,500,000) in cash and an initial five hundred thousand dollars ($500,000) at
vouchers for services in response to these various technical violations. In addition, TCI has offered to pay
three hundred fifty thousand dollars ($350,000) as a grant. In real worlds, its the reimbursement to the City
for all my fees, the engineering fees, et cetera. All these dollars would be made available in a format so
there is no pass through to the customers, the subscribers of the system. In terms of future financial dollars.
First of all, we were successful and I believe we are in the group of the first cities that were representing
here in South Florida to ever achieve this. Is that within the franchise, cable franchise, there is a definition
of gross revenues from which you calculate your franchise fees. As we found years ago, the cable
companies, as they developed, had all these new sources of revenue and cities were often cut short by not
having a sufficient gross revenue definition. The best example is advertising in home shopping. Well, we
all know that Internet is one of the biggest portions of the future for cable television and we wanted to make
sure that those revenues were included. Not just the initial revenues but also the expanded revenues. For
instance, we read in today's paper about E-Commerce, Amizon Dot Com. Well, some of those dollars
eventually are going to flow through to the cable system. Well, if we can get paid on a gross revenue
definition, that includes home shopping, why not have E-Commerce? And they've agreed to that. Similarly,
we get paid for advertising dollars that are paid through the cable system on a local basis•and we won that
quite a number of years ago and we've one this time for the future advertising revenue through the Internet
for the local dollars. That is a fast and it is — you know, we've achieved that for all the local jurisdictions
that we've been representing here. And the important point is that will be the expanded pie that will be
significant going into the future. And with respect — the final dollar issue was the access dollars to support
130 - February 9, 1999
the government and educational and public channels. And we were able to achieve a dollar per month, per
subscriber, contribution. Only 50 percent of that is going — is subject to a pass through. The first fifty cents
will not be subject to a pass through. So, if the City spends only the first 50 cents, there is no pass through
to the extent that they spend the additional 50 cents, those subject — those dollars are subject to a pass
through. In terms of numbers. Based on today's estimated subscriber account, just to give you a feel for
what these numbers are like. It's sixty-three thousand dollars ($63,000) a month; seven hundred and
sixty-six thousand dollars ($766,000) a year or approximately seven point six million dollars ($7,600,000)
over the 10-year term and that assumes no increase of the number of subscribers and you would assume that,
particularly after they do the upgrade — I can tell you, they're assuming a 10 percent increase in subscriber
base and they're going to be actively marketing it, and perhaps with the better maintenance, they'll be able to
get more subscribers. So, it's a substantial sum of money. Talking about their system. You know, we have
been plagued by a horribly deficient technical system. We've talked about it over and over again, and we've
gotten a number of issues worked out on this. First of all, they have agreed to a 750 megahertz upgrade,
which is, in large measures, state-of-the-art. And with all the bells and whistles, that will take a 24month
period to complete, starting March 1st. But the question is what are we going to do before that period? And
— because we all know how deficient the system is and also we know that during the period of construction,
we're going to have a lot of complaints. So, what we've been able to negotiate is what we've called an
Enhancement Maintenance Program. The Enhanced Maintenance Program, first of all, starts off with their
commitment to rectify the problems that we've identified and they'll have a remedial plan that we've already
— we're working on and will sign off for the problems we've already identified. Secondly, we have a
committee structure, which would be chaired by the Manager's designee, with an engineer, to meet on a
regular basis throughout that 24month period to make sure that the system is maintained and operated and
respond to the complaints. To that end, the TCI folks have agreed. to contributed up to seventy-five
thousand dollars ($75,000) for any reimbursement of expenses for outside counsel or engineers to be used in
that process. Perhaps, most importantly, is that they have agreed to increase their staff to a base of 125
percent of an average comparable size, and we have a formula. But it'll be a significant increase in people,
both management, customer service people, the people answer the phones and, more importantly, in my
judgment, the people on the street to fix and maintain the system. So, we have an increase in staff also.
With respect to the customer service, we have held their feet to the fire. We've gone well -beyond the FCC
standards and we have standards for how soon that they answer the telephone, how soon they're going to roll
the truck; how soon they're going respond to the outages and, more importantly than all of that, we have
enforcement mechanisms; we have penalty dollars, liquidated damages, and we have an enforcement
mechanism that they've agreed to that will work. Because one of the things that we've been burdened by
under the existing license and ordinance is you have a horrendous, horrendous, legal procedure that, you
know, is just impossible to work and it's been, you know, a noose around the City's neck for years. So, we
have built in there a very viable enforcement mechanism that you don't have to use a nuclear bomb. - You
know, that if we don't like the system, we throw them out because of all the problems, you know, inherent in
that. Instead, the Manager's Office can notice them for a violation. They have a period of time to respond.
If they don't fix it to the satisfaction, they start getting fined on it on a daily basis, per incident. And let me
tell you, these dollars add up real quick. And we also have a security fund so we go get the money
construction fund or money or bond, then we'll have, you know, access to that. So, it is a real workable and
forcible, you know, process. We also have their agreement for a continue obligation state-of-the-art that,
throughout the 10 years, we don't end up where we ended up this time, with a horrible antiquated system.
They have an obligation to maintain the state-of-the-art. Again, if they don't, we can go in there and fine
them. We also have, absent an effective competition in the fifth year, then the Managers can force a process
which will end up in the City having a right, assuming the certain issues and criteria met, to go in and force
a further upgrade of their system. Now, there are economic tests and technical tests that have to be met but,
again, it is a major, you know, piece — a weapon, if you will, in the arsenal of the City, if and when they
need it, to maintain the -system so we don't end up, you know, in 10 years in the future where we ended up
today. In terms of the peg channels, we, of course, keep our I -Net — you know Net 5 channel but we also
131 February 9, 1999
access — have access to four additional channels per — you know, based on the usage. But we can use up to
five of these channels. We also have a substantial expanded definition -of service to schools and modems
and Internet service to schools that, essentially, at least in my practice, is relatively unique. You know, you
may have been reading that on a national basis. You know, the President and — the Vice President's dream,
if you will, is to have Internet and computer connections for every kid in every classroom. Well, nobody's
been able to do that. But we have been able to work out in this cable connections on each floor and Internet
modem connections for up to — for potentially a hundred computers per school and maybe more.
Commissioner Teele: I don't mean to interrupt you. +.=
Mr. Leibowitz: Yes, sir.
Commissioner Teele: But just remember_one thing. We have an obligation as a municipal government to
our children, particularly after school, and I really think you all should work closely with the Manager and
rethink whether or not we want to put all of our eggs in the schools, you know, multi billion dollar budget or
want to put some of our eggs in our parks programs, where we also have a responsibility to run after school
programs. ^ . _ . `•; +. �.. _ :� ; , . _ t, . :, ;
Chairman Plummer. Absolutely.
Commissioner Teele: And this is very, very important, Matt.
Chairman Plummer: School Board's got funding.
Commissioner Teele: In inner city situations, when you understand that 40 percent of the people in the
inner city do not have telephones, so when these kids go home, many of them are not going to even have a
telephone — they don't even have a computer or a telephone line to hook it up to. So,- in many cases, the
parks programs, the library programs, and maybe some faith -based church kinds of things are going to be
the only thing. I don't want to change your train of thought but I really, again, think that it's important that
we take care of our own governmental scope of jurisdiction and our parks programs and activities really
should be a part of this Internet hook up, as we talk through this.
Mr. Leibowitz: OK. Well, perhaps the next item on my check list answers, in part, Commissioner Teele,
but not in whole, your issue, is that what they've also agreed to hook up the public buildings and provide the
cable service and h go back and make sure that we try to get the Internet included to that so we have public
buildings throughout the City. And, similarly, we have this institutional network that we've been talking
about. We have two alternative proposals on that. There are 54 sites — city sites that have been identified
by the administration to hook up to this institutional network. At this point, we have two different
alternatives that we're looking at. One is traditional broad band fiber that's just black — you know,* -dark and
the City hooks everything up to it. Another is a more enhanced technology that they're offering, although it
will cost us some dollars, although discount dollars. That will be an option for the City. Essentially though,
that is where we are today in terms of a broad outline. You know, we — again, we need to flesh out some of
these issues in a more definitive letter and then, ultimately, in the franchise in the ordinance. What we are —
I guess the issue that — we need to address though is, where do we go from here? And the issue is one of
timing, if you will. As you know, we have in front of us, as a city, two transfers: Transfers A is from TCI.
It's a transfer control. It's not a sell of the company, which allows AT&T to take control and then Media
One. The AT&T transfer has a date critical to the AT&T folks of the 17th of this month. The Media One is
less time sensitive and can be pushed off. Under federal law, we have to act within a 120 days upon the
receipt of a completed application. Now, there is an honest dispute between TCI and Media One and
ourselves as to when that 120 days hits. But it is a dispute and a risk, if we don't act within that 120 day
132 - February 9, 1999
time. With respect to the AT&T, they have agreed that that 120 days runs — does not run out until five
o'clock on the 16th. Again, that's critical to them because of their shareholder vote on the 17th. So, in order
to maximize our position, if you will, you know, the Manager's office and I have talked about the potential
of asking you folks to call a special meeting on or before the 16th for purposes of a conditional grant, a
conditional grant for AT&T. Now, what am I conditioning under — proposing the conditions? One, is all
that money, the two point five; the three hundred and fifty thousand and all those vouchers be put up in
escrow before we meet. Two is a written release for the eight hundred and twenty-five thousand, again, in
escrow. And four is a written agreement that they have to sign the -final negotiated documents of franchise
and ordinance within the time period .we put, which will probably be 30 days. In the absence of them
performing, you know, the conditional grant to the AT&T transfer becomes null and void. So, there's a
great incentive for them to move: The incentive for us to move by that date is we have their consent on this
120 days. To the extent that we do not meet this date, you know, their position is that the 120 days runs —
has run and we've run the risk of perhaps this deal not being on the table.
Chairman Plummer. Do we need to remember who kept asking for extensions and asking for extensions?
And this Commission granted those extensions. The very person who's now asking us to hurry up and do
something rightfully or wrongfully.
Commissioner Teele: Mr. Chairman.
Chairman Plummer. Not this Chair — not this vote. OK.
Commissioner Regalado: Mr. Chairman, if I may?
Chairman Plummer. Mr. Regalado. . ... - , • 7
Commissioner Regalado: Question for Matt and the Chairman too. Do we really have a deadline in terms
of merger and FCC rules? I mean, do we really have a.deadline, other than the wish of Media One and TCI?
Mr. Leibowitz: There is a federal statute that provides for 120 days. The question that one can honestly
debate — we have one position. They have another — is, when the 120 days started and, therefore, when the
120 days end? And so, to the extent — you know, I cannot tell you that it is black and white that, on the
16th, you know, that date runs and then Federal law says "we have no authority. It's deemed granted." I'm
not telling you...
Chairman Plummer: What happens if we don't?
Commissioner Regalado: But it could happen if we don't.
Mr. Leibowitz: Correct. Under federal law, if you do not act within that 120 day period, it is deemed
consented. So, the issue then would be, presumably, in front of a federal court is whether that 120 day
period ran. And your second point is — forget the legal — then you're just — you're bargaining is whether or
not after that hundred — after the 16th, this offer is on the table.
Commissioner Regalado: Matt, what I see here is two things. I mean, the possibility of the court saying
they were right about the 120 day and us being wrong about the 120 day. But the other thing that 1 see here
is that the sooner that we discuss this with them, the more leverage that we have with them because they
really have a deadline in terms of their company, departure Chicago from Miami and the merger, that — I
think — and correct me if I'm wrong — but I think that the whole Miami deal could trigger for them a serious
problem throughout the network.
133 February 9, 1999
i
Chairman Plummer: Absolutely.
Commissioner Regalado: And so, we do have leverage. However...
Chairman Plummer. And we're in the driver's seat..
Commissioner Regalado: Mr. Chairman, however, this is a very complicated issue and I don't know — I
thought that we were going to do like a special Commission meeting for this issue. I don't know if we want
to do that.• But the thing is that, if,- you know, if our counsel says no problem, we can do it on the 23rd or
on any other and we won't have any problem with the Federal Statute, it's OK, at least with me, but I don't
know ifyou're sure — and if we should like have —.what I think, J.L:, is that we can't decide today anything.
Chairman Plummer. Noway.
Commissioner Regalado: That's what I think,-7
Mr. Leibowitz: Let me respond because...
Chairman Plummer: Excuse me. Why is there such a gray area in the 120 days? You've been on for more
than 120 days. -- F _ :. : 1s �; nr.. �; : k •.
Mr. Leibowitz: Oh, I've been on for much longer. ::f:,: r^ _.�• _ - ., - �:
Chairman Plummer. So, where was the application first submitted that we can't count that high? • t,_ -" -:,
Mr. Leibowitz: Commissioner, the application was submitted more than 120 days ago. The issue — it was
in September. The issue is, whether it was sufficiently complete and whether it met the standards within
your own license and ordinance that you passed many years ago.
Chairman Plummer: You are our advisor. Did you agree that it does or it does not?
Mr. Leibowitz: It is our position that it has not. �,- •
Chairman Plummer: All right. So, then that ends that. Next item.
Mr. Leibowitz: Forgive me. But I think it's important that — if you don't mind, let me go back to
Commissioner Regalado's point because there's distinction that has to be made. There are two different
120-day periods. The one that is critical to AT&T is the first one that ends up on February — you know,
they'll give us and extension to the 16th.
Commissioner Regalado: That's what I'm saying.-
-
Mr. Leibowitz: The second is Media One, and we don't have to worry about them right now. And we do
have continued leverage because of that deal. In terms of your leverage of effecting the national impact, you
know, relatively speaking to the AT&T deal, you know, Miami is not that large a city within the whole
context of TCI.
Commissioner Regalado: Yeah. But to Media One it is. - • . ':
134 February 9, 1999
O
Mr. Leibowitz: But to Media One it is. So you have — You still have the leverage for the second.
Chairman Plummer: Well, excuse me, Matt. My impression is, we're not dealing with the Media One issue
at all now. Because if we don't agree to an acceptance from TCI to AT&T, there is no Media One around.
Mr. Leibowitz: Well, its interesting the way they've filed it. As we sit here today, we have TO as the
operator. AT&T is taking over control of TCI. Whether or not AT&T does that, TCI still exists and TCI
still has an agreement with Media One to exchange the system.
Chairman Plummer. But that — we have not agreed to that.
Mr. Leibowitz . Correct, we have not. So.:. _ _ .. -+
Chairman Plummer. There are so many issues here that, as far as rm concerned; you haven't spoken to any
annual increase over the period of 10 years; you haven't spoken to — you did speak to customer service. But
let me tell you something. In the -initial contract, we talked about customer service. It didnl mean a damn.
Mr. Leibowitz: Well, I understand. ....__
Chairman Plummer: OK?
Mr. Leibowitz: And you know why? Because you didn't have any definitions or,. more importantly, any
enforcements.
Chairman Plummer:- We did but they didn't mean anything.
Mr. Leibowitz: You had...
Chairman Plummer: One of the things that we get lot of complaints about, that's not been even addressed
here, is the programming. The programming is horrible. I mean, the programming is-- if you like Saturday
morning of every program over there that sold out for 30 minutes, you know, that's what you're looking at.
Commissioner Regalado: Yeah, but it's nothing... I.
Chairman Plummer: Are we talking about any minimal annual guarantee? I'm...
Commissioner Regalado: There's nothing you can do about it, unless we open for any other companies.
Chairman Plummer: Well, OK. Maybe that's the answer. What are we doing about a minimal annual
guarantee? I'm very, very much concerned about Direct TV (television), OK. The cable is on its way out
because the minute — if that federal lawsuit is won that allows Direct TV to carry four local channels, you
can kiss cable goodbye, OK. I mean, I know people that only keep cable because of the fact they can't get
local programming on the Direct TV, what you can now get from Sony for a hundred and ninety-nine
dollars ($199), OK. What about —this thing is definitely non exclusive, even throughout.
Mr. Leibowitz: Correct. Absolutely.
Chairman Plummer: I mean, even if it's transferred from one to a one — now, the final question is, when are
we, the ones who are voting on this, going to.see the documents?
135 February 9, 1999
Mr. Leibowitz: If I could, let me try to answer some of your questions.
Chairman .Plummer. Sure.
Mr. Leibowitz: Quickly. First of all, in programming, under federal law, we're preempted. We have no
choice, no involvement and say in what programming they put on: You have this very nebulous concept of
overall programming types but, essentially, its a — you have no discretion, visa -vie, programming. You
know, the Congress just sold you down the river years ago on that one. In terms of annual guarantee, it's
similar. You know, you have a right to up to five percent of the gross revenue. You have no minimum
guarantees available under the law. And I say footnote, five percent, because we've got to give our cut to
Dade County. In tenors of Direct TV, you're absolutely right. Direct TV is going to be a very formidable
competitor and, trust me, that they understand that and that's one of the reasons there's so anxious to provide
all these bells and whistles. But Direct TV is absolutely going to be a major competitor. And I guess part of
— you know, in terns of the ultimate documents, the ultimate documents, as I said to you, we've started and
we've been working throughout the nights and the weekends but that's why rm not asking you to adopt the
renewal or even the AT&T on a final basis because I couldnot, in good conscious, ask you to vote for
anything without you having an opportunity to see the documentation. You're not going to have the
ordinance or the franchise by the 16th. What you will have by the Ie, or sooner; is a more definitive letter,
which, I think, will give you the essential terms of the agreement, which will .provide you the information
that, if you so chose, you could approve a conditional grant to AT&T.
Commissioner Regalado: But we also need to have TCI representative to discuss some of the issues that,
you know, you have... .. ,
Mr. Leibowitz: And TCI and ATT representatives presumably would be at the meeting on the 16th or
whatever date you have.
Chairman Plummer: Well, I think... ^
Commissioner Regalado: So, are we having a meeting on the 16th?
Chairman Plummer: Well, excuse me. I will be out of town on the 16th, I hope, so that's out of the
question. What I'm saying is, you know, I think, without question, Matt, I remember — because I was
around here for the time when the fast cable contract was put together — they talked about the I -Net; they
talked about giving the City a studio to do their own programming. All of that is in that original document.
Now, I just think that, in my personal opinion, what you have negotiated to this point is good but it ain't
good enough.
Mr. Leibowitz: Commissioner...
Commissioner Regalado: I think — if I may. I think that our first responsibilities is to the consumers.
Chairman Plummer. Absolutely.
Commissioner Regalado: And the residents of Miami. It doesn't matter whether we have a lot of money for
the special account that the Mayor doesn't like to call "Regalado," but that we do — it doesn't matter that we
get a lot of money. What matters is the infrastructure, the technical aspect, the possibility of talking to the
new operators in terms of seeing some relief for the consumers on the rates issue. The possibility off having
what other cities have already and the courts have approved a special fixed rate for public housing buildings.
They have it. We could have it. As a matter of fact, the TCI people, they visited with me, Mr. Barreto and
136 - February 9, 1999
the people that came from Washington, and they won't talk about it. They would probably agree to it
because, in other cities, this has been done, a fixed rate for public housing. And when we have it here —
although we do not have any power whatsoever to talk about programming. But if we have them here, we
can explain to them how different is the City of Miami to other cities and we can probably get them to
understand that we need a more diverse programming: So, I --you know, I think that it is important that we
discuss first the issues that — because, after all, it is the residents, the customers, who have taken the brunt of
all the problems, and the City has been negligent in following. up on all these things that were in the
contract. So, you know, I don't know if the Manager wants us to be here.. I don't know, Mr. Chairman, if
you want to call a special meeting for this.
Chairman Plummer: At this point, without a final document, I see no reason...
Vice Chairman Gort: Can't do anything today.
Chairman Plummer. There's nothing we can do today. Now, as far as I'm concerned — how long has AT&T
been in the picture?
Mr. Leibowitz: Oh, AT&T has been in the picture since September. ' ;::t:r; •, .
Chairman Plummer: Yeah. And AT&T well knew that their meeting of their board directors was the 16th
of this month, didn't they?
Mr. Leibowitz: Well, the shareholders' meeting, correct.
Chairman Plummer: The shareholders' meeting, which is very critical to them, right?
Mr. Leibowitz: Correct.
Chairman Plummer. And, yet, they come in here, seven days before their critical date, asking us to rush and
to rush and to rush. Well, let me tell you something.- Ten years in my book is a long time and that 10•year
contract is going to be around to haunt us or to help us. Now, as far as I'm concerned, they're not going to
come in here and demand of me — now, I can't speak for my colleagues. They're not going to come in here
and make me the bad guy because they sat around on their duff and refused to do anything. --
Vice Chairman Gort: Do you know what we are doing?
Chairman Plummer: Well, as far as I'm concerned, we'll wait, Matt, for you to send us a formal document.
All right. We're now into appointments.
Mr. Leibowitz: Sir, could we just have one moment? _
Chairman Plummer: Yeah, come back on the twenty.... _
Vice Chairman Gort: I only have one yes. _
Mr. Leibowitz: All right. Commissioner, just, again...
Mr. Warshaw: I need to clarify something for the record.
Mr. Leibowitz: ...for the purpose of the record and so there's no misunderstanding. You do have a
137 - ' February 9, 1999
,frtulle .. +r.-,i,•cs a .. .v.-.,ry�°'�1,+e.;eyw� a.:�-- :" • � ._ - _ � -- _ _ -_ �-�b..•x��k
jeopardy, in terms of...-.
Chairman Plummer. Do have a7
Mr. Leibowitz:' There's a problem, a potentialrisk, ifyou will, OK? _ ,i�.
Chairman Plummer. Well, this was created by them by not doing. anything prior to this date and coming in
here with a zero, midnight hour. They did it to themselves.' We didn't do it to them.
Mr. Leibowitz Sir...
Zn
Commissioner Teele: Mr. Chairman?
Commissioner Sanchez: We're not going to get anything accomplished today, are we?
. .. :� !'' f� ....... �..�' - : t . afii ... . 1 %`..: ;•u 2F1ieL�f# ��� 3K i : to iilrC-i ,E • '
Chairman Plummer: I agree.
Commissioner Teele: Mr. Chairman? .-s::: ',_, : _ e!sti % f !. t:: +�• _'_ ,' ..
Commissioner Sanchez Just defer the, — can we defer it? ,;. .•:r.
at
Chairman Plummer: Yeah.
Vice Chairman Gort: There's a question.
Commissioner Teele: Mr. Chairman?
Commissioner Sanchez: What is the question.
Chairman Plummer: Mr. Teele. Excuse me. Mr. Teele.
Commissioner Teele: You know, this City has to act responsibly and -it's very, very easy to get —this is a
complicated issue. I know absolutely nothing about this issue. I don't mind admitting it. I am not an expert
in this. The one thing I don't think is, we ought to make fools of ourselves.
Chairman Plummer: Absolutely.
Commissioner Teele: And start coming up with midnight and midday requirements that we don't even
understand. On one hand, I'm listening to you say that Direct TV is going to compete with this thing. Well,
if that's true, and I believe it's true, then we ought to approve the thing right now and try to get the best deal
we can because if a court ruling comes out, the value of this franchise is based upon what you're saying and
based upon what a lot of people believe, the value of this franchise is going to go south overnight.' So, we're
going to look like a bunch of idiots if the Supreme Court or whoever the court is that's about to rule and
says, all of a sudden Direct TV can give four local channels, this cable franchise is going to' have a value
probably one — 50 percent, we can say, of what it is today. Now, I m not making that — that's not my issue.
I don't understand Direct TV. I thought only sports bars could have it until the other day. So, I mean, you
know, I don't know anything about this but what I do know is this.
Chairman Plummer. Churches don't have it.
_ . _ ... .., _ � .j. .. t• :.: ±ems
138 February 9, 1999
Commissioner Teele: We hired a lawyer. Are your fees going to be paid by the other side?
Mr. Leibowitz: Yes, sir.
Commissioner Teele: _OK. We hired a. lawyer. The lawyer's supposedly one of the more knowledgeable
people in the country. We're fortunate to have him here in Miami. I think we ought to do the same thing
you would do, the same thing I would do, and each of us would do if we were on a hospital bed, you know,
with our brain opened up and the nurse said, "what do you want to do?" You'd say, "tell the surgeon to do
whatever he's supposed to do." We hire experts — and my point is this, if you're not going to follow experts'
advice, then don't hire them and let's make ourselves all experts and do it. We haven't done that. And, J.L.,
I really don't understand — I mean, I don't understand your argument and, not personally, but I don't
understand your argument about Direct TV because I think you're right but if you're right, we ought to
approve this thing tonight. I don't want to approve it tonight. But what rm saying is, if he's saying he's got
the best deal that he can for us, if there's technology moving in the other direction on us and were talking
about holding somebody hostage and all of that — I mean, what are we trying to prove here? ' ..
Chairman Plummer. We're trying to get the best deal we can- get for the City and, as far as I'm concerned, as
I said before, Matt has done good but not good enough. This City is entitled to more. The people — not the
City, the people of this City, who have to be watching cable TV, in my opinion, are not getting the fair
shake and, as far as I'm concerned, as long as that decision is not made, TCI has got a salable project and
that's why they're trying to put our backs to the wall. Mr. Gort.
Vice Chairman Gort: Mr. Chairman?
Commissioner Teele: I would like to know one thing — you took the floor and rll yield it back to you, Mr.
Chairman. Mr. Matt, I don't — I'm not trying to put you in the middle. What is your recommendation?
Mr. Leibowitz: My recommendation — I appreciate the opportunity — is that the City hold a special meeting
prior to the 16th and, unfortunately, the 15th is a holiday. If Friday the 12th works, we can work around the
12th. At which time...
Chairman Plummer: You're talking about three days from today?
Mr. Leibowitz: At which time, rll provide — you know, you tell me how much time you want. I'll answer
the questions. And it is my recommendation that if TCI and I satisfy you on that date, that you,
conditionally,...
Commissioner Regalado: It is important and...
Mr. Leibowitz: That you, conditionally, approve AT&T.
Commissioner Regalado: It is important because were risking the possibility of going either way in court.
Is that correct, Matt?
Mr. Leibowitz: Correct, sir. �•,
Commissioner Regalado: OK.
Mr. Leibowitz: There is a risk.
139 February 9, 1999
Imp
Commissioner Regalado: So, you know, it, is important because we have so many issues to discuss and I
hope that TCI and AT&T will be here, as well as other companies who would like to tell us what they can
do for the City. I mean, you know, this is not a done deal as of yet so...
Commissioner Teele:. But what's wrong with having a voluntary workshop? What's wrong with instructing
Matt and the AT&T people or the TCI people to come by and meet with each Commissioner, those in the
Keys, those in the Bahamas, those here in Miami, wherever they are, over the next two or three days? And
let's —1 mean, this is mega kind of decision. I mean, it's certainly not -something that we have dealt with a
lot but it's a big decision and I really don't think we ought to let dates that are established by statute and
established by law to slip by because what -we wind up doing is we:wind up, basically, putting a cloud over
our own position by our own.. I understand — Commissioner Plummer is right when he says that TCI has
dragged their feet and dragged their feet and they have been - but that's a part = hey, -this is the big league,
boys, girls. This is it. And thats— `s ..-. , t t °i.;,; `r_.� ; ,r =rr�:•�; . _. .
. ....-.��tL. +:•.. .. • i •L .....e - *.r"Jj 11�.r1i yj�:1� c.-.. '1� -ri'.i. Ga' .
Chairman Plummer .The floor is open.
Commissioner Teele: That's the way peopledo when they're trying to get an ecorioniic advantage. =
Commissioner Regalado: I would move.".
:F7`.:-,:1 •t' it° _.
Chairman Plummer. Of course they are. They're putting us to the midnight oil.-;-:{ •- ��-:
Commissioner Regalado: I would move, if I may, to have a special session'. I think that it has to be open of
all the members of the Commission because I'm telling you, there will be companies that would want to
come and say, you know, we probably have abetter deal. Is this an exclusive contract,
Mr. Leibowitz: Again...
Chairman Plummer: No.
Mr. Leibowitz: ... this is not exclusive and its important that everybody understand that.
Commissioner Regalado: Right.
Mr. Leibowitz: As Commissioner Plummer pointed out, it is not exclusive today. It's been non-exclusive.
Commissioner Regalado: OK.
Mr. Leibowitz: It will be non —
Commissioner Teele: Given the fact that Monday is a holiday, can't you — can't we impute the 17th as being
within that window?...J.
Mr. Leibowitz: It's not a question of imputing, Commissioner. At this point, its a question of their need and
they are certainly late to the table, as the Chairman has pointed out. But as you pointed out, sometimes
that's the way negotiations work.
Chairman Plummer: Now, that — excuse me. That isn't the way world. They strategically did that to you
and they did it to us. •• .;._;
140 February 9, 1999
• - . _ .._._ ,�„�'��r-� .mac.
Commissioner Teele: Absolutely.
Chairman Plummer: Absolutely. Let's not kid ourselves.
Mr. Leibowitz: Well — I understand. And in response to that, that's why rnt not suggesting that you give
them a cart blanche approval, that you only approve it on a conditional basis. But to answer Commissioner
Teele a moment ago is, rm available any time between now and — to meet with you and all the other
Commissioners.
Commissioner Teele: Look, there is not one question that any Commissioner is going to come here and ask
that most of which — I shouldn't say not one, but the vast majority of the questions, if you would make
yourself available to meet with us individually, we could solve a good 90 percent of all of the questions that
are there. I mean, you know, this doesn't have to be show business, where we have to come out here and ask
you the Perry Mason question. F mean, the fact of the matter is that we need information; we all are very
busy, and we need you to make yourself available.
Mr. Leibowitz: And rll be happy to do that. But having said that, you still need the meeting to vote up or
down prior to the 16th, unless you're going to be willing to run .the risk of the 120 day litigation. That's all
rm suggesting to you.
Commissioner Teele: Well, I think it ought to be convenience of the Chairman. I think the Chairman
should select a date.
Chairman Plummer: Well....
Mr. Warshaw: J.L.? rs,
Chairman Plummer. Mr. Manager.
Mr. Warshaw: Just to add something to this. While all this is going on,.the staff has been meeting almost
around the clock, seven days a week, with Matt. There is still some significant language issues. Some of
which you have just addressed that we are still in active negotiations on. So, the idea..
Commissioner Regalado: Mr. Manager, if I may? rm sorry.
Chairman Plummer: He didn't yield.
Commissioner Regalado: Just — I'm song. But since he was talking about the language, I would think that
all the members of the Commission would like to have some input in changing those areas of the contract
that we feel are not in the benefit of the City. But there could be changes that would need Commission
approval within those changes in the contract. Because one Commissioner may have an idea and that idea
will not fly with the other members of the Commission. And, you know, I have a lot of ideas because that's
what I like. That's my hobby. I mean, I make a poor leaving out of that. But I think that the other members
of the Commission should...
Chairman Plummer: What time?
Commissioner Regalado: ... have information on this issue.
t
ChairmanPlummer: All right. What time on Friday. We're going to call the meeting. It may or may not
141 February 9,1999
occur but rll call a Special Commission meeting for what time on Friday? You want it early in the
morning? You want it late in the afternoon?
Commissioner Regalado: I don't — can't do it early in the morning. It have to be after ten o'clock.
Chairman Plummer: Five o'clock in the afternoon?
Commissioner Regalado: Anytime.
Chairman Plummer: Five o'clock.,,..:
,_„ Y
Mr. Leibowitz: Five o'clock at night?
Chairman Plummer. Yes.
Mr. Leibowitz: OK.
Chairman Plummer. What do you mean at nightT...i�11: �.= _ . • M- __
Mr. Leibowitz: I just wanted to make sure we were clear.
Chairman Plummer. Don't you know we operate on "tiempo Latino'? r• " . .
Mr. Leibowitz: Is it possible... - -
Commissioner Regalado: Mr. Chairman, could we include in that special meeting...
Chairman Plummer: So what! Go ahead. _
Commissioner Regalado: Could we also include in that special meeting a discussion about the Miami
Circle?
Chairman Plummer: Hey, let's don't overburden.
Commissioner Regalado: No, no. I'm just saying. Because I'm sure that...
Chairman Plummer: Yeah, I'll put it in — excuse me. rll put it in the call and we mayor may not discuss -it.
Commissioner Regalado: OK. All right withme.
Chairman Plummer: Well, then, handle the meeting somewhere else.
Mr. Leibowitz: Could L.
Mr. Warshaw: I'm just sharing that with you.
Chairman Plummer: No. Then we can't have it on —
Mr. Warshaw: The Arts Festival starts...
142 February 9, 1999
Chair_ an Plummer. The problem is the Art Festival.
Commissioner Regalado: Well, I've got to tell you something, J.L. You know, you live in the Grove but
driving here at five o'clock on a Friday to me is... -
Chairman Plummer. I asked what was your pleasure and nobody said nothing, except Regalado said he
couldn't make it early.
Commissioner Teele: What about three o'clock?
Commissioner Regalado: Three o'clock, fine.
• .ri,t'•'i, .ii: ': _j .}r§�: �i ,�I..r��'r�1'fl�ii`^_`ii". k...., :'ji..f'?.':; e
Chairman Plummer: You want it at three — what time is the ArtFestival?
- .`r':i.:; i ,._ _. ::_ F'�.:`� �::'.2:.'Li< r-'24s^s[i'+ .Llsr� fi•.'y�� .:Fw'v;` ' �':: .':'. „}:�t,�
Mr. Warshaw: The Art Festival doesn't start until Saturday, but they'll be setting up all day Friday.
..f§SF ...•lira-,%ti �'"ti°'a='§�::i. ..
Chairman Plummer. How'bout noon?
• . '§ i`f`.;X��' . 14'i:J."' ` ;jr*• a i s `..t'.� � �� i�, ..:ifFfl�e`il�',� °►F1i9iYf
Mr. Warshaw: The streets could be closed.
Commissioner Regalado: Yeah, but we can go through the parking lot, as we did the other — I mean, we
went through the parking lot.. _ ... , • .. r: ,�.• , " . era rtz ,. t ��sr: �;:,=.z a
-0. e
Chairman Plummer. It can't be any earlier than three. I have a consortium meeting at two o'clock.
Mr. Leibowitz: Three o'clock?
Commissioner Regalado: Three is fine with me. I don't have any problem.
Chairman Plummer: Arthur?
Commissioner Teele: Three is fine, sir. a
Chairman Plummer: All right. Then there is a special call and in that special call is this issue...
Commissioner Teele: And the Circle.
Chairman Plummer: ... and the Circle. All right. No other items can be discussed. All right.
Mr. Leibowitz: And 1 am available prior to that, at your convenience, Commissioners, to meet with you.
Chairman Plummer: Well, Matt, I think that you need to have a final document in our hands no later than
noon on Thursday. - ,< _ a a ' .-_ . q:.,
Mr. Leibowitz: Just so I understand. What I will have for you - the only thing possible to have for you is a
expanded, definitive letter offer, the franchise and the ordinance are...
Chairman Plummer. All right. Hold on. The Manager is asking, can you guys make it on Tuesday?
Mr. Warshaw: This way the staff will have the entire weekend.
- : } 143 February 9,1999
Chairman Plummer: That's the 16th.
Mr. Warshaw: Exactly.
Chairman Plummer_ .I was going to be out of town. L..... -,
Vice Chairman Gort: Do a meeting.
Chairman Plummer: You're probably better off without me here. Can you do it early?
Mr. Leibowitz: Early Tuesday morning would be perfect
Chairman Plummer. Well, Regalado, what's the earliest you could do it on Tuesday?
Commissioner Regalado: Ten.
Chairman Plummer. Ten. It's so now ordered for Tuesday at 10.
Mr. Leibowitz: Tuesday at ten o'clock..
Chairman Plummer. Tuesday at 10. That means Pm in town. I ve got a noon meeting. •I've got three other
meetings. I was going to try to leave.
Commissioner Regalado: So, we got the Cable and the Circle?
Chairman Plummer: Yeah, we got a circle all right.
Mr. Leibowitz: And I would, just for personal reasons, request that we do the TCI first before the Circle.
- �tk ., ...it- r,`
Chairman Plummer. I don't know what we can do about the Circle. What Mr. Regalado always heard, God
bless those who go around in circles. They shall be known as big wheels. All right. He wants to play with
the Circle on Tuesday, I'll let him play with the circle on Tuesday.
Mr. Leibowitz: My only request is we do the Circle afterwards because...
Chairman Plummer: The Chairman will decide.
Commissioner Regalado: We'll do the Circle. How about the thousand kids?
Chairman Plummer: How about the halo?
Commissioner Regalado: How about the thousand kids that were going to bring?
Chairman Plummer How about the — you better not. All right. Thank you, sir. '
Mr. Leibowitz: Thank you.
Chairman Plummer: Let's go into appointments. The fast one is Item 39. Commissioner Regalado.
Property Asset Management.
144 February 9, 1999
Commissioner Regalado: I, would rather defer that, Mr. Chairman;
Chairman Plummer: You'll pass:
[Note for the Record Item 39 was deferred]
42. REAPPOINTING RUTH GREENFIELD TO BAYFRONT PARK MANAGEMENT TRUST.
Chairman Plummer. Forty is one that we had last time but had to have a waiver and that's on Ruth
Greenfield. I so move that the waiver be granted.
Commissioner SancV Second.: �. � �; � , :_:u +r,. +: ; ; v_ _ : t=• r�: i
Chairman Plummer. All in. favor, say "aye." E L. _ {:
The Commission (Collectively): Aye.
Chairman Plummer. Opposed? Show it unanimous. r tl.. i;;c, s.,. f ., j:M fp +: ;
The following resolution was introduced by Chapman Plummer, who moved its
adoption: ` :.. ;;•.' i�r 'R• �i:91 _: {`kfii} ?c+'".r!r,
RESOLUTION NO:= 99-113r`_ _ ^t',.
A RESOLUTION= • OF THE: -M AMI.-. CITY` COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE . -
BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS —.-
DESIGNATED HEREIN; FURTHER WAIVING THE PROVISIONS -
OF UCTION.' 2-886 OF .TKE CODE OF ' THE -'CITY- OF MIA1�II` +
ENTITLED "ATTENDANCE REQUIREMENT," AS SA16
REQUIREMENTS PERTAIN TO RUTH GREENFIELD.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
NAYS:
AB%ENT:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
None.
W.
None.'.
145 February 9, 1999
t
13. APPOINTING NAMES PROFFERED TO BROWNFIELDS ADVISORY BOARD FOR TERMS A4
3ESIGNATED HEREIN.
Chairman Plummer: Brownfields. My two appointment are Emilio Lopez and Mizrach
Commissioner Teele: What quali — what areas?
Vice Chairman Gort: Albena Summer.
Commissioner Regalado: What area?
ChairmanPlummer. That would be residents —I think residents and owner of property.-- .
Mr. Walter Foeman (City Clerk): The Brownfields, they can either be — they have three categories. For the
first one, they can be a resident or adjacent to the area. They can reside either in the area, within the area or
adjacent to. So, that's the first category.
Chairman Plummer: All right. I'll use one of mine as business and one of than as real estate or other.
businesses.
Commissioner Teele: Who are you appointing?
Chairman Plummer: Emilio Lopez and Lary Mizrach.'.
Commissioner Teele: I'll appoint Mervic Parker as"a second business person:
Chairman Plummer: OK. Anyone else? s
Vice Chairman Gort: Member of the community, I'll be appointing Albena Summer.
Chairman Plummer: All right..
Commissioner Regalado: Does it have to be from the applicants only?
Mr. Foeman: Yes, they all have to be from the applicants that are on file.
Chairman Plummer: Right. All right. All in favor of those name that's been proffered.
Commissioner Teele: I'll also appoint Ernie Martin.
Commissioner Sanchez: Wait, wait, wait, wait.
Chairman Plummer: Ernie Martin is also named.
Mr. Foeman: Chairman Plummer, as far as the business residents, do you want me to read the applicants
that we have on file because...
Chairman Plummer: No.
146 February 9, 1999
,./
Mr. Foeman: OK.�_ .- ,
Commissioner Teele: Print it up real neat.
Chairman Plummer., OK. All in favor of those that been proffered, say "aye."
1 The Commission (Collectively): Aye.
Chairman Plummer: Opposed, say no. Show us unanimous.: c:. o z'
The. following resolution . was introduced by . Chairman , Plummer, who moved its
adoption:
RESOLUTION NO. 99414
A RESOLUTION :;'OF.:. THE MIAMI ; CITY ' COMMISSION
APPOINTING .CERTAIN INDIVIDUALS AS MEMBERS OF THE
BROWNFIELDS ' ADVISORY_' BOARD FOR- TERMS I� 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: s, , r , .. r. • s
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L..Plummer, Jr.
NAYS: None.
ABSENT: None.
44. (A) REAPPOINTING JACQUELINE C. TARELLO ECHAGARRUA TO CODE ENFORCEMENT
BOARD FOR TERMS AS DESIGNATED HEREIN.
(B). COMMENTS IN CONNECTION WITH ELADIO ARMESTO- REFRAINING FROM
ATTENDING CODE ENFORCEMENT BOARD MEETINGS.
Chairman Plummer: The Code Enforcement. I would like to nominate from Shore Crest Homeowner's
Association Haiki Talvitie.
Mr. Walter Foeman (City Clerk): This is the at large appointments for the Commission.
. - .. `flail f: �_ i. .:•i.. _,J
Chairman Plummer: That's correct. I was so...
Commissioner Regalado: The at large appointment, I'd like to renominate Jacqueline Cotarello. }
-• -.. _a... .a ' .. • _ f- - � ._ .. 1. (....�„/,
147 February 9, 1999
_ --- �r--++-•jyk-a..�w jam..-+� i
Chairman Plummer: Well, OK. Then we both got a name. I was trying to put the shore line...
Commissioner Sanchez: Second on Jacqueline.
Chairman Plummer: All right. That answers that question. All right. All in favor of Jacqueline, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
The following resolution was introduced by Commissioner Regalado, who -moved its
adoption:
RESOLUTION NO. 99-115
A . RESOLUTION. OF.. THE MIAM - : CITY 7 COMMISSION
APPOINTING AN INDIVIDUAL -AS A: REGULAR MEMBER OF
THE CODE ENFORCEMENT 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman?
Chairman Plummer. Mr. Teele. L
Commissioner Teele: The item relating to the member of the Code Enforcement Board that was on the
agenda has been deferred again. It's been deferred twice.
Chairman Plummer•. No, sir.
Commissioner Sanchez: Yes, it has.
Chairman Plummer: Oh, I'm song. Sanchez had one.
Commissioner Sanchez: No, no, no, no. I defer my appointment at this time.
148 February 9, 1999
Commissioner Teele: No, no. I'm talking about a substantive matter- Mr. Attorney.
Chairman Plummer: I'm song, sir. OK:- +-
Commissioner Teele: I m talking about a substantive....
Chairman Plummer: Yes, sir. -
Commissioner. Teele: ...matter of a member of the Code Enforcement Board. The matter was deferred for
the second time. _ : 71:3. __
Chairman Plummer. Correct. Excuse me. There is a meeting going on. -.--
Commissioner Teele: Who requested that deferral? ' a
Chairman Plummer: I think Mr. Regalado.
Commissioner Regalado: What, what? No.
Commissioner Sanchez: Yes, you did.
Commissioner Regalado-:..,Oh, the Code Enforcement Yes, I did- I did. .-f,,
., �_ . _ 'u•; +t {. ',: '! �:'' . � 1, .. r:iii �; .r�ivic`..
Commissioner Teele: OK. All right.
Commissioner Regalado: Ifs just for the next meeting.- 10
Commissioner Teele: All right.- Would you express to Mr. Gar --to the gentleman my personal hope that
he will refrain from meeting with the board. I mean,, I'm prepared fully to vote that he •should not be
removed from the board.
Mr. Alejandro Vilarello (City Attorney): Suspended. It would be a suspension, not a removal.
Commissioner Teele: Or suspension. But it was my hope that he would refrain from participating. In other
words, sort of be in a limbo. But I think...
J
Commissioner Regalado: You're right. f
Commissioner Teele: Tomas, I think you ought to say something on the.record here.
Commissioner Regalado: No. I am absolutely. I think that — while this process is going on and the fact that
he still has a case — his attorneys say that will be dismissed or whatever, I think that he should refrain from
attending the board and...
Commissioner Teele: That's a personal view for me and I assume its a personal view for....
Commissioner Regalado: It's an image thing. It's an image thing.
Commissioner Teele: But, you know —
149 February 9, 1999
Mr. Vilarello: I will make the communication. .
Commissioner Teele: But I would hope that you would communicate it because, personally, I have no
interest in voting to suspend someone from a board that has not been adjudicated of — I understand the
difference between...
Chairman Plummer. We understand it.
Commissioner Teele: But the fact of the matter is, is that I do hope that he would express — you know,
show the decorum to just refrain from participating at this point, as a personal request, and I think
Commissioner Regalado is making a similar request.
45. COMMENTS IN CONNECTION WITH RIBBON CUTTING CEREMONY FOR GUSMAN
HALL'S MASQUEE. - . , _ t t.;- _,�:;VV ' .
Chairman Plummer: All right. Question. Are any of us anticipatuig fiov) it this lite time to go to Gusman?
Commissioner Teele: Do what?
Commissioner Sanchez: Not anymore.
Chairman Plummer: OK. Inform Mr. Clark Cook that'he can go Aead and proceed, that none of us will
make it but the Mayor is on his way. All right. Community -wide Development Advisory Board. That's
supposed to be out of West Grove and rll defer that to a later date. 1. • • .
46. REAPPOINTING CERTAIN INDIVIDUALS TO CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD.
Chairman Plummer: Affirmative Action. Anybody have appointments for Afffnmative Action?
Vice Chairman Gort: Ramiro Marrero and Nora Hernandez. Same ones.
Chairman Plummer: All right. Any other names?
Commissioner Sanchez: I have one. Reappointment of Sam Mason.
Chairman Plummer: OK. Any other names?
Commissioner Regalado: Reappointment of Ricardo Corey and Alan Morley.
Chairman Plummer: Any other names?
Commissioner Teele: Reappointment of Charles Flowers.
Chairman Plummer: All right: All those names that have been proffered be approved, say "aye."
The Commission (Collectively): Aye.
150 • February 9, 1999
Chairman Plummer: Opposed? Show it unanimous:
The following resolution was introduced by Commissioner •Gort, who moved its
adoption:
RESOLUTION NO. 99-116
A ; RESOLUTION OF THE MIAMI CITY ' COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN. `
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: .Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
47. APPOINTING HERSCHEL HAYNES TO THE CHARTER REVIEW AND REFORM
COMMITTEE. - . . ' . - . - .
Chairman Plummer. Commissioner Teele, Charter Review and Reform.
Mr. Walter Foeman (City Clerk): Excuse me. Chairman Plummer?
Chairman Plummer: Yes.
Mr. Foeman: Did that include the waiver for Charles Flowers?
Commissioner Regalado: Yes.
Chairman Plummer: All right. Commissioner Teele.
Commissioner Teele: Herschel Haynes, the president of the Liberty City — the Model Cities Homeowner's
Association.
Chairman Plummer: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
151 February 9, 1999
Chairman Plummer. Opposed, say no. Show unanimous.
The following resolution - was introduced • by Commissioner. Teele, who; moved its
adoption: �..
-RESOLUTION NO. 99' 117
A" = RESOLUTION .OF' - THE MIANII `. CITY COMMISSION
APPOINT NG-. , AN:. INDIVIDUAL . AS A, MEMBER . OF ` THE
'.CHARTER' REVIEW AND REFORM COMMITTEE FORA TERM
AS DESIGNATED HEREIN. _ r'' =' 1 4..
(Here follows body of resolution; omitted hereand on file in the Office'of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution wai'passed aad'adopted
by the following vote: trri* :x c =X- �cu
AYES: Inf, , 'Vice Chairman aWifredo Gort
:,iw-NvCommissioner Tomas Regalado
-.:: Commissioner Joe Sanchez
Commissioner Arthur Ea Teele, Jr. _
• : Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
48. APPOINTING SERGIO GUADIX TO CIVIL SERVICE BOARD.
Chairman Plummer: Civil Service Board.
Vice Chairman Gort: Sergio Guadix.
Chairman Plummer: We've been asked to - Sergio Guadix.
Commissioner Sanchez: Second.
Chairman Plummer. Any further nominations? All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
4-1
152 February 9, 1999
The following resolution,, was -introduced by. CommissioneitGort, -who -;moved its
adoption:
'.-RESOLUTION NO.i 99418
A.: -- RESOLUTION - OF. '; THE NEIAhg.'!'-,CITY.-,'�COMMISSION
APPOINTING AN INDIVIDUAL AS A' MEMBER OF ' THE CIVIL
SERVICE,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 fo I I owing, votq:;..i%.- C"
AYES: Vice Chairman Wifirdo Gort
-Co " iissioner' T.6mai Regalado mM
c;�,*.:ii�'CommissionerJc)e.Sm6bhez-
Commissioner Arthur-E. Teele, Jr.
Chairman J.L. Plummir, Jr.
NAYS: None.
ABSENT: None.
49. APPOINTING FLPRENE NICHOLS-AND ROBERT. FLANDERS.TO-CULTURAL-AND
ARTS BOARD.
..jjg
Chairman .Plummer: Cultural and Fine Arts BoirdAiwill appoint Mr. Robert 'Flanders. 'Mr. Teele?_''7
Commissioner Teele: Florine Nichols.:,.:. .I,;
Chairman Plummer: Mr. Gort?
Vice Chairman Gort: I'll pass for now.
Chairman Plummer: Pass. All names proffered be accepted, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer. Opposed? Show unanimous.
M
153 February 9, 1999
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 99-119
A ,- RESOLUTION OF .t THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
CULTURAL AND FINE ARTS BOARD � ' FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifi'edo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
50. BRIEF COMMENTS IN CONNECTION WITH REPPOINTING MAYOR JOE CAROLLO AS A
VOTING EX-OFFICIO MEMBER AND CHAIRPERSON OF THE - MIAMI SPORTS AND
EXHIBITION AUTHORITY ("MSEA") — SEE LABEL 52. .
Chairman Plummer: Appointing the Mayor, Joe Carollo, on the Sports and Exhibition Authority? Hello?
Hello? Move to defer? Come on.
Commissioner Teele: Well, look, this thing was debated hot and heavy when Suarez was here.
Chairman Plummer: Yeah.
Commissioner Teele: And I wrote the ordinance, as I recall, that provided for him to serve for one term or —
how did that thing read?
Commissioner Sanchez: One year, one year.
Chairman Plummer: It was...
Mr. Alejandro Vilarello (City Attorney): One year. However...
Commissioner Teele: Has the Mayor expressed an interest in serving again?
Mr. Vilarello: The position is one that is, the Mayor in his ex-officio capacity. There was language that
154 February 9, 1999
.. "-, . ... ., e . -•- � - � � -- � - -� •P9•�r-'mil
was traced by this one-year term; however, by virtue of the fact that the position is for the Mayor, it was — I
believe I he would stay in office...
Chairman Plummer. I think, by virtue of it being on the agenda, he has expressed a desire.. -
Mr. Vilarello:, :.Aunng.is term.
Commissioner Teele: Say that again.: a
Chairman Plummer: I think, by virtue of it being on the agenda..
Commissioner Teele: I mean, I m being serious. Does anybody know if the Mayor really wants to serve on
this thing?
Chairman Plummer. I think he would have told us no, I'm not interested if it wouldn't be on the agenda
Mr. Vilarello: Commissioner, the language of the ordinance says specifically, "otie member shall be the
Mayor who shall, by — shall be a voting ex -official member of the Chair — and the Chairperson thereof and
serve for a period of one year.
Chairman Plummer: Then, why do we have to appoint?
Commissioner Teele: Then, why do we have to appoint?
Mr. Vilarello: Because it says — this language says, serve for a period of one year. I'm holding in my hand
a draft ordinance, which...
Commissioner Teele: Horribly written by me. _ . s _
Mr. Vilarello: Which will amend and delete that language so that he'll serve during his term as Mayor.
Chairman Plummer. All right. _ Come on. Let's stop playing games. Is there a motion or not? Is there a
motion or not? Is there a motion or not?
Commissioner Teele: I'd like to move for Al Houston for the Sports and Exhibition Authority. -
Chairman Plummer: The name? ,
Commissioner Teele: Al Houston. -
Chairman Plummer: That's not avail — that's not up for right now. This is for the ex-officio Mayor. All
right. I'll pass the gavel and I'll nominate the Mayor. Call for a second.
Vice Chairman Gort: Is there a.second?
Chairman Plummer: Call for a second.
Vice Chairman Gort: Is there a second?
Chairman Plummer: Call for a second.
155 February 9, 1999
Vice Chairman Gort: Excuse me. Are you running it or rm running it9 rm running it. Is there a second?
Chairman Plummer. The motion is dead. OK.
Commissioner Regalado: I have a question. On the draft agenda, several weeks ago there was an item
regarding Christina Abrams being approved as Executive Director of MSEA (Miami Sports and Exhibition
Authority) and — but we never discussed that. I'm told that we don't need to discuss that, Mr. City Attorney
or...
Chairman Plummer: All right. It's not part of this agenda Let's get through with this agenda.
Commissioner Teele: But its germane to the subject matter.
Commissioner Regalado: I mean, we're talking about Miami Sport.::: 1, ; -, _ _ . j:
Chairman Plummer. Is she going to be appointed in the Mayor's stead? Does that make it germane?
Commissioner Regalado: No, no, no. I just want to know why was on the draftagendaand then`wasnr I
don't know. Could you tell us — could you tell me, Christina?
Ms. Christina Abrams (Director, Public Facilities): The Mayor hasn't officially submitted it yet.
Commissioner Regalado: I'm sorry?
Ms. Abrams: The Mayor hasn't officially submitted my appointment to MSEA yet on the agenda.
Commissioner Teele: Well, when it's appointed, I want you to take that memo, Ms. Warren, about -City
employees working directly for a Mayor or an elected official, and I would like an analysis in light of that
memo. Because there was strong objection from the Manager saying that "no City employee should be
working directly for the Commission or elected official," and I'll be happy to provide you with a copy of that
and a whole rationale about that in the context of the CRA (Community Redevelopment Agency) Executive
Director should not be a City employee but should be a non City employee: I think the same rule- should
apply for the MSEA Board. I don't think we ought to have two systems of government around here. I'm
going to keep saying it as long as I'm black and as long as I'm in the City of Miami and as long as rm alive.
There should be one system of government, not one that relates to the African -American Commissioner and
one to everybody else. And I really do take offense, Mr. Manager, I take personal offense when you all tried
to apply a standard to me as an elected official that you don't apply to anyone else. If the directive that you
and Ms. Warren and others have said about these external boards should not be City employees — and I see
no reason why the Manager should agree to allow a City employee that works for the City, under the
Charter, in which neither the Mayor nor a Commissioner can direct, under the Charter. You know,'what's
sauce for the goose...
Chairman Plummer: Is sauce for the gander. And we ain't got no ganders around here. All right. - Sports
Authority appointments. Mr. Gort?
Vice Chairman Gort: I renominate the same individuals.
Chairman Plummer: All right. Mr. Teele?
156 ' - February 9, 1999
Commissioner Teele: Do the current members serve until their terms expire - until their reappointment or
do they no longer serve?
Mr. Walter Foeman (City Clerk): Yes, they serve until they're reappointed.
Chairman Plummer. Successors are appointed.
Commissioner Teele: I would like to make that'appointment in the next meeting. I want to talk to the two
individuals.
Chairman Plummer: Defer it.
51. REAPPOINTING ELI FEINBERG / STEVE MARIN / BELL BAYER TO MIAMI SPORTS AND
EXHIBITION AUTHORITY ("MSEA-).
Chairman Plummer. Mr. Regalado, You have one: `,'--'-:... ix I
1A
ommissioner Regalado: Which one, Mr. Clerk? Which one term expired?
Mr. Walter Foeman (City Clerk): You• need to - Bill Bayer was appointed by you. We need a waiver.
Commissioner Regalado: OK. Bill Bayer.
Chairman Plummer: And the waiver is included.
Mr. Foeman: It's a residency waiver.
Chairman Plummer: All in favor say I "aye.".
Mr. Foeman: Residency waiver.
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
The following resolution was introduced. by Commissioner Gort, who
-moved its.
adoption:
RESOLUTION NO. 99-120
"!eF V
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR
TERMS AS DESIGNATED HEREIN; FURTHER WAIVING THE
-i
RESIDENCY REQUIREMENTS CONTAINED IN SECTION -2-884'-,7j:'
OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, AS SAID
.-
REQUIREMENTS PERTAIN TO THE APPOINTMENT 'OF' BILL"t -
BAYER.
157 February 9, 1999
r!
(Here follows body of resolution, -omitted here and on -file in•the Officeof the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES- Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
= - Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
52. REAPPOINT MAYOR JOE CAROLLO AS CHAIRMAN OF MIAMI SPORTS AND -EXHIBITION
AUTHORITY — SEE LABEL 50.
Mr. Alejandro Vilarello (City Attorney): Commissioner?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: The same issue that the Clerk addressed with regard to other members of the MSEA board.
Of course, the Mayor continues to serve until his successor is appointed: = ... r.arti
Chairman Plummer: That's correct. OK. Item 50.
Commissioner Teele: What does that have to do — what was that you just said?
Mr. Vilarello: The Mayor continues to serve... -
Chairman Plummer: The Mayor serves until his successor is appointed also.
Commissioner Teele: We didn't pass that?
Chairman Plummer: I couldn't get a second to my motion.
Commissioner Sanchez: Go back to 48.
Commissioner Teele: Let's go back. I mean, rll second the motion, whatever. Go ahead. I'll make the
motion.
Commissioner Sanchez: Go back to 48.
Chairman Plummer:_ All right. Motion by Teele. Seconded by...
Commissioner Sanchez: I'll second the motion.
Chairman Plummer.....by Sanchez. I wish you guys would wake up. All right. All — that's for the Mayor.
158 February 9,1999
.Wor
El
Vice Chairman Gort: Right.
Commissioner Teele: Yeah, but I — J.L., I really do think that we need to understand this, particularly
Commissioner Sanchez, that this was a decision that was made with a lot of thought.
Chairman Plummer: I understand that, sir.
Commissioner Teele: And there was a lot of debate about this. I mean — and it was only because the, then,
Chairman and the Mayor basically wanted this so badly. But I really don't think this is good — necessarily
great public policy for this Commission to giveaway that...
Chairman Plummer: All right.
Commissioner Teele: ...ability to have accountability. I think that's counterbalanced by the compromise
that allowed for a Commissioner to serve as Vice Chairman, and I would only hope that Commissioner
Sanchez is fully engaged and is representing us on this thing.
Chairman Plummer: All in favor of Item 48, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved jts.-;
adoption:
RESOLUTION NO. 99-121
A RESOLUTION OF THE M][AMI CITY COMMISSION
APPOINTING MAYOR JOE CAROLLO AS A VOTING EX-OFFICIO
MEMBER AND CHAIRPERSON OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY ("MSEA") 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: ". . ; , . - ""'r,
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.,
ChairrnanJ.L. Plummer, Jr.,
NAYS: None.
ABSENT: None.
159
February 9,1999
6. RENAME ALLAPATTAH COMSTOCK PARK LOCATED AT 2800 NW 17 AVENUE, MIAMI
ZARIDA, TO JUAN PABLO DUARTE — SEE LABEL 63.
Chairman Plummer. Item 50.- Mr. Regalado. Mr. Gort. -
Vice Chairman Gort: Yes.
Mr. Daniel Ricker. Do you have any public ... or they could go first?.
.,
Chairman Plummer: This is not a public hearing. Yes, it'is: Yes, it is. OK. Mr. Gort, you move it?
Vice Chairman Gort: Yes, I did.
Commissioner Teele: What was the item?
Chairman Plummer. Item five zero. And it is seconded by... =
Vice Chairman Gort: As you'll recall, the mason that they were postponing the voting because the Parks
Department was going to go and see if there's any restriction — or any restrictions on the deeds to change the
name of this..
Mr. Ricker: Is there any public hearing?
Chairman Plummer. There will be in a minute.
Mr. Ricker: Fine. I thought you already voted.
Chairman Plummer: No, no. There is a motion. Hold on. There is a motion. Is there a second?
Commissioner Teele: I would second the motion.
Chairman Plummer: All right.
Commissioner Teele: Is Commissioner Gort making the motion?
Vice Chairman Gort: Yes.
Commissioner Teele: I would second his motion. It's his area.
Chairman Plummer: All right. Now, we're legitimate. We have a motion. It's seconded. Mr. City
Attorney.
Mr. Alejandro Vilarello (City Attorney): The deed — the review of the deed did not indicate any deed
restrictions with regard to naming the park. However, I do have to qualify that without a title opinion, we
cannot be sure that there are no deeds — there are no other restrictions of record. However, the deed itself
does not reflect any restriction. `
Chairman Plummer: Mr. Ricker.
160 February 9, 1999
Commissioner Regalado: So?
Mr. Ricker: Daniel Ricker, 4302 Ingraham Highway. This is normally an area that I don't take much
interest in but given the process, I'd like to suggest some alternatives here. • The school and the park
commingle. They actually share play space, everything else. The area is known as the Comstock —
Elementary Comstock Park Area. One, it's fine when you have to go to the children this morning. One
represents the past. The other represents the future. Both people, Elizabeth Comstock and Mr. Duarte were
fine people. We've already named 17th Avenue after Mr. Duarte, up there. I don't know if you were aware
of that. Finally, we have the beautiful civic center that loves to be — would love to be named Pablo or San
Pablo Duarte Park or the recreation -building, if you'd like to pass that up to them. And that's one of my
suggestions. Either make this Comstock Duarte Park or make this senior center. Mr. Duarte's edifice or
whatever. Both of them are good people. I think my question was, why kind of take out one for the other?
They both represent the community. Thank you very much.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: We -had several meetings in there. We do use the park quite a bit. We do work with
the school system. I have not received any letters or any — contrary to that, we had - and rm sonry, the
gentleman was not present at the meetings we had in the neighborhoods and, like we said, this City has
changed quite a bit and that's what the neighborhood wants in there.
Chairman Plummer: All in favor of the item presented by Commissioner Gort, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Gort, who moved its
adoption:
RESOLUTION NO. 99-122 -
A RESOLUTION OF THE CITY COMMISSION RENAMING
ALLAPATTAH COMSTOCK PARK LOCATED AT 2800 NW 17
AVENUE, MIAMI, FLORIDA, TO JUAN PABLO DUARTE PARK.
161 . , February 9, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
-the following vote:
} AYES:` Vice Chairman Wifredo Gort
Commissioner Tomas Regalado'
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr. -
Chairman J.L. Plummer, Jr_
NAYS: None.
ABSENT: None.
54. DIRECT CITY CLERK TO SCHEDULE APPOINTMENTS TO COMMUNITY RELATIONS
BOARD — COMMENTS FROM CHAIRMAN PLUMMER THAT BE: INTENDS TO APPOINT PAT
TORNILLO TO SAID BOARD.
Chairman Plummer: All right. Pocket items. `
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele. - -...
Commissioner Teele: I just think that we should encourage the gentleman to help us and to continue to do
research and, personally, I want you to know that I think that is it not a good policy to change the name of
buildings based upon the changes in the community and - I mean, I think we ought to have a sense of
history and I appreciate you coming forward with that. I do think that, in light of the fact that we have
district Commissioners, that they are put in a position to have abetter pulse of what the community wants,
by way of explaining why I did not support your request.
Chairman Plummer: Mr. Regalado, when are we going to make the appointments to the Community
Relations Board?
Commissioner Regalado: As soon as you want, sir. You want to do it next?
Chairman Plummer: Well, let's do it — and how many — each Commissioner will have how many?
Commissioner Regalado: Two.
Chairman Plummer: Two per Commissioner. OK. Remind me, Mr. Clerk, that I want to appoint Mr. Pat
Tornillo, who asked to be put on that board. All right.
162 February 9, 1999
P
55. COMMENTS FROM COMMISSIONER REGALADO IN CONNECTION WITH LACK OF
MINORITY REPRESENTATION ON OFF STREET PARKING BOARD.
Chairman Plummer: Under pocket items, Mr. Regalado
Commissioner Regalado: Mr. Chairman, thank you. Actually, I had two but one of them has to do with Off
Street Parking Authority. I asked the Manager to communicate to Mr. Clark Cook the need to be here. He
was here in the morning, so we can't blame him because he spend all morning here. But I can defer that to
the next meeting. I have no problem because its going to be discussed in April. And my concern was the
lack of action in the appointment of the Afro American and the two Hispanics in the board. That was my
concern. And I wanted to say that on the record. I think that the Of Street Parking should mirror the City
of Miami and it isn't right now.
56. (A) WAIVE REIMBURSEMENT PAYMENT CHARGED TO SOUTHWEST SOCIAL SERVICES
FOR ELECTRICITY FOR CITY -OWNED PROPERTY LOCATED AT 25 TAM" BOULEVARD.
(B) REQUEST TO DEFER ITEM 18A tAPPROVING ASSIGNMENTS OF INTERESTS OF
MIAMI TOWER ASSOCIATES LIMITED PARTNERSHIP AND MIAMI RETAIL ASSOCIATES
LIMITED PARTNERSHIP FOR PROPERTY KNOWN AS NATIONSBANK TOWER LOCATED AT
100 S.E. 2 STREET) — SEE LABEL 21
Commissioner Regalado: The other pocket item. I sent a memo to the Manager many days ago regarding
an oversight that the administration made several years ago and kept doing it for many years. Now, the
administration wants to charge Southwest Social Services, an excellent provider.of social services to the
children and elderly population in the area of Flagami, with the bill' of one thousand eight hundred and one
dollars and sixty-eight cents ($1,801.68). So, I make a motion to waive the reimbursement payment of that
for the period of March, 1998 to November, 1998. And beginning on this date, they will be paying the
electric bill but they were not told of this problem for some time and they did not budget that, So, I
consulted with the administration. I don't know what is the answer but that is my motion, to waive —
actually, this has been paid Already, last year, and what the administration was asking.is to be reimbursed
but the people of this organization are willing — because, by the way, they are funded by the City of Miami
— they are willing to start paying their bill but I don't know, Mr. Manager.
Ms. Laura Billberry (Director, Asset Management): We have no objection to the past utilities, as long as
they do continue to pay for the future.
Commissioner Regalado: Right, they're willing. But the fact that they don't — you know, they were not
advised and now they, all of a sudden, they were hit with this bill. Now, they know that they have to pay.
All right. That's my pocket item, Mr. Vice Chairman. Do we need to vote on it? I move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Is there a second?
Commissioner Teele: Second.
Chairman Plummer: Discussion. Being none, all in favor... '
Commissioner Sanchez: No. Well, I'll open up for discussion. "
163 February 9, 1999
Vice Chairman Gort: Discussion. - ^ _ _ �. is _ ._ _- _ . - - - -_ _ • .
"Commissioner Sariohez: Listen' -'we've & io be very careful about sfarting to do this for people. You know,
it opens up the Pandora boxes. Organizations, when they fall in a jam, they're going to come in front of the
City Commission or go to a Commissioners office and be requesting for assistance. My understanding is
very simple. When we get a pocket item that is, a financial impact, it has to go through the attorney and the
City Manager. ,
Commissioner Regalado: No,
Mr. Alejandro Vilarello (City Att(?rney). ,Yes. Commissionel.-I sF t;
Commissioner Sanchez: And I just want to make sure that we don't start doing this because I know people
are going to come back later on ana tfiey're—going to say,-"liey; ;wait. q ou-did it.for them How come you're
not doing it for me?" I'm going to support it this time but Pm telling you, from now•on,, any,pocket. item that
comes here, you know the, rules., -One, it cannot, be of financial impact. for the:City, and two, you could only
ii;-.3 ._. ."11 3 t1
have one pocket item, unless you ask for a waiver and Jes passed_ by, the Comm_ _ ission, Pm going to support
this one but I guarantee you, I.will,not support another one. 7 sy, �-� , •t,
-Vice Chairman Gort: My -understanding -of -the ordinance was = of the resolution that -we passed here. Any
pocket item that is passed in here that has any fiscal impact on the budget, it goes back to the Manager and
his recommendation.' n ,. �._
Chairman Plummer. Has to be there first.
Commissioner Regalado: Oh. But administration had that since when Mr. ag f 3 Man er.,, ,
Commissioner Sanchez: rMr. Manager,'whats your recommendation on'this?
Mr. Vilarello: Commissioner? `
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: If I can just - Commissioner Sanchez?
Commissioner Regalado: No, no. First, I followed the rules..l sent the Manager two weeks ago this ,pocket
item, am I correct, Mr. Manager?
Mr. Donald Warshaw (City Manager): Commissioner, it wasn't a pocket item. You did send me a memo of
Southwest Social Services. The answer is, yes. And, further, the answer is, you know, we don't object to
this based upon the fact that it's a reimbursement issue and I don't have a problem with it. As to the
procedural issue, because that's a financial impact and its now a pocket item, you know, Pm going to defer
to the City Attorney. But we do not object.
-:[i.. .
Commissioner Regalado: OK. No, I just - and I would have need to have sent to you a pocket item memo
but I did send a memo because it had an impact on the budget. U. j,T,a;r s
Chairman Plummer: Where are we?
164
February 9, 1999
Commissioner Regalado: This, Commissioner Sanchez, is not something that were waiving. The problem
of this issue was that it was the administration that made a mistake two years ago and now they want
reimbursement.
Chairman Plummer. Well, what are we going to do? I mean, let's stop talking about it.
Commissioner Regalado: Well, its up to the Manager and the City Attorney..
Commissioner Sanchez: No, but wait. Let me answer him. Let roe answer him.
Chairman Plummer. All right, answer.
Commissioner Sanchez: Let me just answer .hits. Commissioner, I commend you for standing up for your
constituents. I don't hold that against you.
Commissioner Regalado: No, I understand what you're saying. -
Commissioner Sanchez: There are rules and regulations and if you know — let's say you're not violating it
now but you're very close. What's going to happen is, you're going to open a box and they're going to come
to my office and they're going to say, "well, he did it. How come you don't Want to do it for me?" So, if you
say its a reimbursement, I'll tell you, Pll support it this time but if you come forward again and it's — I won't
support it.
Commissioner Regalado: Fine with me.
Chairman Plummer: All right. Mr. Teele — Mr. Regalado, are you making a motion?
Commissioner Regalado: Yes, sir.
Chairman Plummer: What is your motion?
Commissioner Regalado: The motion is to waive the reimbursement.
Chairman Plummer: Is there a second?
Commissioner Teele: Second.
Chairman Plummer: There is a second. Any further discussion?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Commissioner Sanchez is right in what he has said. The ordinance does require that
there be an analysis made by the Manager's Office of the financial impact. I think, given the fact that it is
very clear, its eighteen hundred and one dollars and sixty-eight cents ($1801.68) and given the fact that we
all know that this is not going to do violencil: to the budget, I appreciate very much the Manager being very
clear and not having an objection. . •. . , . •' .
Chairman Plummer: So be it. All in favor of the Regalado contingency fund, say "aye." •,.�n
4•
165 February 9, 1999
AAA.
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its
adoption: - --
. - - :_ . RESOLUTION NO. 99-123
A RESOLUTION OF THE 1VIIAMI CITY COMMISSION RELATED
TO SOUTHWEST SOCIAL SERVICES PROGRAM, INC.
("PERMITTEE") FOR ITS USE OF THE FACILITY LOCATED AT 25
TAMIAMI BOULEVARD, NIIA % FLORIDA; , WAIVING THE
REIMBURSEMENT OF FUNDS, IN THE AMOUNT OF $1,801.68,
BY PERMITTEE TO THE- CITY OF NIIAMI FOR .PAYMENT OF
ELECTRICAL UTILITY SERVICES CONSUMED AT SAID
FACILITY FROM MARCH,1998 THROUGH DECEMBEk 1998.-
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by;
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mr. Vilarello: Commissioner, if I can address an issue?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Commissioner Sanchez correctly points out the following. On pocket items, "the City
Commission must unanimously determine that it is an emergency before it can consider it. Two, you must
have a written recommendation from the City Manager if the item has a fiscal impact. Three, you must give
a copy of the item to the City Manager and the City Attorney, at least, four days before the meeting: This
City Commission can unanimously waive that requirement by unanimous vote of the City Commission and
each Commissioner is limited to one item." Because the item that was just discussed was passed by
unanimous vote, you can imply the waiver of all those rules that weren't met by unanimous -vote of the City
Commission. L
Commissioner Regalado: For the benefit of Commissioner Sanchez and all the members of the Commission
— and I really appreciate what you have done. I'm going to read the last paragraph of the memo that I sent to
the Manager on February 1st, 1999. Subject: Southwest Social Services: Last paragraph says,'"Please be
166 February 9, 1999
advised that if this issue has not been resolved by February 9, 1999, then, I will introduce a pocket item to
waive this payment. In accordance with City policy, I am providing notice of my pocket item more than six
working days prior to the meeting on February 9, 1999, due to the fact that this pocket item will have an
impact on the budget." -
Chairman Plummer: That's fine:
Commissioner Teele: How about detailing'your staff person tome for a month.
Chairman Plummer: All right. Look guys, you know..... _
Commissioner Regalado: I mean, I followed the rule.
Chairman Plummer: You won. ,
Commissioner Sanchez: Yeah, but this wasn't attached to your pocket item.,
Chairman Plummer: You won. Now be quiet.
57. CONTINUE DISCUSSION ON NEED TO MONITOR ENTITIES DOING CONSTRUCTION ON
"-ITY STREETS WITHOUT DOING PROPER PATCH UP WORK OR CLEAN UP AFTERWARDS -
5EE LABEL 2.
Chairman Plummer: Mr. Teele, you got a pocket item?
Commissioner Teele: Mr. Chairman, I have two items.
Chairman Plummer: Proceed.
Commissioner Teele: Neither one of them have an impact.
Chairman Plummer: Proceed.
Commissioner Teele: First of all, I got a report from the Manager regarding some of this work that's going
on and, apparently, the contract acknowledges that City work is being stored on City property without
permission, et cetera. And, again, I'm not interested in stopping anybody from doing the job. I just think the
issue here is that the City must act like a private sector owner. You know, if it were a private sector owner,
we'd get our money. We'd get paid for the use of our facilities, our land. And I just think more and more
we've got to think that way particularly as it relates to a rule or an ordinance that relates to the uses of our
streets where we get paid. And, more importantly, where we have standards whereby, once they go in and
tear up a street, that the street must be restored in a better condition, equal to or better than they left it and
that's not happening right now. So, again, I express my appreciation to the Public Works Department for
responding so intelligently and so quickly.
a
167 February 9, 1999
58. DIRECT ADMINISTRATION TO FIND SUITABLE FACILIIY�-IN OVERTOWN AREA FOR
POLICE MINORITY ASSOCIATION TO CONDUCT AFTER -SCHOOL TUTORING PROGRAM.
Commissioner Teele: The other item which, again, I won't make it a pocket item today but, at the last
meeting, we asked that the Minority Police Association be afforded space in the area. 'I understand that
there have been some meetings. I understand now you all want to.propose charging them six dollars ($6) a
square foot as a community based organization in which they're going to be providing tutorial services for
individuals in the area. You know, the one thing that we need are police in a real community policing role,
and its fine to talk about community policing and walking the beat but let me tell you, Mr. Manager, the
secret to the old community policing was that they did a lot of things that they didn't get paid for. That's the
secret. And when you've got police being mobilized to come is and teach children after school, to read to
children, to counsel and to tutor children at their own expense, I find it unconscionable that we would even
be talking about charging them six dollars ($6) a square foot, particularly;'when there -are tenants in there
paying substantially less than that. I would only ask this, Mr. Manager —; again, in the sense of equity — if
you're going to come back with'a lease for more than a dollar'`I 'vl+ould'Iiope that they are paying whatever
the lowest paying tenant in that building is paying, nothing more.
Chairman Plummer. That's fair.
Commissioner Teele: Say again?
Chairman Plummer: That's fair.
Commissioner Teele: But, fast of all, they shouldn't be trying to — I mean, here are people paying what we
couldn't — we couldn't pay them to do and if we paid it — but, again, its in Overtown so that may explain
where we are. Finally, Mr. Manager — yes, ma'am?
Ms. Dena Bianchino (Assistant City Manager): I just wanted to say that we are in complete support of what
that organization is trying to do. The issue is that they want to be in the Overtown Shopping Center... -
Commissioner Teele: Right.
Ms. Bianchino: ...and we know there's other groups there that don't pay rent but we're trying to change the
image of the shopping center and make it into a real shopping center and get retail businesses in there.
Now, we are more than happy to work with the Police Benevolent Association and find them a place where
they can do their program. We just don't think the Overtown Shopping Center is the right place for them to
be. If we want to have...
Commissioner Teele: You know what? I really agree with you on that point. I mean, I think, from a
business point of view, and one of the biggest problems in the black community, as it relates to businesses,
that we, government people, do all kind of social stuff and all kind of social engineering that destroys the
business fabric of the community, whether it be public housing on a commercial corridor or Habitat on a
commercial corridor. I mean, it's all kinds of things that we do in the name of trying to do the right thing.
So, again, I would ask you to work with them.
Ms. Bianchino: We're happy to.
Commissioner Teele: And I'll keep — reserve comment because I do think that there are some, perhaps,
168 February 9, 1999
competing equations and I really do think that the number one priority in Overtown, with all due respect to
tutoring and role modeling and mentoring and — I mean, I just think when cops are willing to come in and
tutor people and train people, not being paid, you know, in addition to giving them accolades and awards,
the least we could do is give them rent-free space but — Commissioner Gort.
Vice Chairman Gort: Commissioner Teele, about three, four years ago we began a pilot program, which 1
introduced in Gibson Park, Allapattah and Wynwood. In that Gibson Park, we have an after -school -
program where the kids go in there and their grades have improved quite a bit, so maybe they can combine
the two together because there's plenty of room in there.
Commissioner Teele: Sure, that would be great. I would ask you, Dena, you all to look at that.
59. COMMENTS FROM COMMISSIONER TEELE IN CONNECTION WITH RELOCATION OF
BASIC TRAINING ORGANIZATION. " T
Commissioner Teele: Finally, in that vein, let me just make this statement. Yesterday Basic Training was
again the victim of the City of Miami unwieldy bureaucracy. For months Basic Training has waited
patiently — for almost a year = for the -sluggish machinery of the City government to honor its commitments
to provide Basic Training with the Community Development Block Grant Funds that were allocated_ in May
of last year. As Basic Training patiently waited for the City to act, they were evicted. By the grace of God,
Pastor Spann has found a place, temporarily, to relocate the 90 people, people, and but for the grace of God,
it could be you, it could me, it could be anybody, or our sisters or our brothers or our mothers or our fathers.
And Basic Training has been relocated, temporarily to a temporary housing.' I think it is a disgrace that any
organization, as well -intended as Basic Training, and directed by this Commission, does not get the
administration to move in a timely manner. Many of us many people have called me today to tell me that
they did not believe that individuals who were responsible could be so callous. I believe that what this has
shown us and what this is showing this City is that the City of Miami has very, very real problems and were
confused as to whether or not our goal is to manage the City for ourselves, or .whether our goal is to manage
the City for the citizens. Ninety people, ninety souls have, literally, been put on the street and I thank you
very much, Mr. Chairman.
Chairman Plummer: All right, sir. Mr. Sanchez, pocket items?
Commissioner Sanchez: None, sir.
Chairman Plummer: Mr. Gort?
Vice Chairman Gort: None.
60. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY FINDING FOR
PROCUREMENT OF LIGHTING AND ELECTRICAL WIRING IMPROVEMENTS AT MILDRED
AND CLAUDE PEPPER BAYFRONT PARK — BY HI TECH CONSTRUCTION, INC, RICHARD'S
ELECTRIC — ALLOCATE $52,000.00 FROM CAPITAL IMPROVEMENT PROGRAM, BAYFRONT
PARK IMPROVEMENTS PROJECT 33141. - -
Chairman Plummer: I have two. One is in reference — and these both have been presented to the Manager,
the City Attorney, and to Dipak. The first one is of the monies for the CIP (Capital Improvement Project)
for paying these people that did the work at Bayfront Park. A resolution by four/fifths — I've got to have
four/fifths, Arthur.
169 February 9,1999
Commissioner Teele: No.
Chairman Plummer: No?
Commissioner. Teele: No. See, J.L., how much money have we put in Basic..: ? - -
Chairman,Plummer.. These are monies that have been allocated: It's merely to pay the vendors...
Commissioner Teele: Yeah. But, J.L., you see the problem is, we don't have money for people but we've
got money for a park. It's' a good, beautiful park: Every city in . -America Should have a park like that, but
that's not t_ right.
Chairman Plummer: Mr. Teele? , ,;, ,;' f, �t �).:,, r:
Commissioner Teele: J.L. it's just not right. !.Mean when are we going to start dealing with people? ,
_ __. •:-%iP!'•'!•4a;•. r}•i•.. ••.tt i!V•;:t;�' ��' :'t•i q,?' �r� f'eiz*:5:: 9:f'
Chairman Plummer: - W' hat I'm saying to you, this is not asking formore mone f,
y.M1
_ . _ _ .. y,- -i _ •_+' t..Lil: , _.-_ tfP. , - ,. T• Jic•L�? ::+.7+:�{:, .. ,
Commissioner Teele: I know., I remember when we approved to moving the:ClP money around to do that
back in August.
Chairman Plummer._ And now I've already done the vendors.,... r• ; 4:,, ,G
Commissioner Teele: Of course,.rll do it, J.L:: Just move the thing. It's wrong though.
Commissioner Teele: It's wrong though.
[AT THIS POINT, CHAIRMAN PLUMNIER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Commissioner Teele: Second the motion.
Chairman Plummer: I move. �- -
Commissioner Teele: How much is the total amount? r. .
Chairman Plummer: It's fifty-two thousand. 1.:, I— . . •: - , '1
Commissioner Teele: Second the motion.
Chairman Plummer: All in favor, say "aye."..
The Commission (Collectively): Aye. } -
Chairman Plummer: All opposed?
,' i : 170 February 9, 1999
/j
The following resolution was introduced by Chairman Plummet, who moved its
adoption:
RESOLUTION NO. 99-124
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE MIAMI CITY COMMISSION
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WANING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE EMERGENCY PROCUREMENT OF LIGHTING..- .
AND WIRING IN[PROVEMENTS AT THE MILDRE , AND
CLAUDE PEPPER BAYFRONT PARK ("BAYFRONT PARK'.') BY
HI TECH CONSTRUCTION, INC., RICHARD'S ELECTRIC AND
TLM, INC., IN THE AMOUNT OF $52,000, . FOR IMPROVEMENTS -
WHICH WERE REQUIRED PRIOR TO BAYFRONT PARK'S
PRESENTATION OF SUPER JAM '99, A COMMUNITY EVENT =_ '
PRESENTED AS PART OF SUPER BOWL XXXIH ACTIVITIES;
.ALLOCATING. FUNDS THEREFOR . FROM CAPITAL,.
M IN[PROVEENT PROJECT NO. 331401, "BAYFRONT PARK
IMPROVEMENTS", TO REIN[BURSE THE BAYFRONT PARK
MANAGEMENT TRUST FOR COSTS , PAID FROM THE
BAYFRONT PARK GENERAL OPERATING BUDGET;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS TO EFFECT SAID TRANSACTION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Comm_ issioner Teele, the resolution was passed and adopted by
the following vote: ,
AYES: Vice Chairman Wifredo Gort T
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
171 - • February 9,1999
61. EXEMPT PROHIBITIONS / RELAX TIME RESTRICTIONS CONTAINED IN SECTION 36 OF
CODE OF CITY RELATED TO NOISE LEVELS AND HOURS THAT EXCESSIVE NOISE MAY
TAKE PLACE FOR OPENING NIGHT GALA FOR 16TH IvIIAMI " FELM FESTIVAL AT
INTERCONTINENTAL HOTEL.
Chairman Plummer. The next one is - I guess its my item.
[AT THIS POINT, CHAIRMAN PLUMMIER READ THE RESOLUTION INTO THE PUBLIC
RECORD].
Chairman Plummer. 'I assume, Mr. Manager, that they've gone bj you on this?
Mr. Donald Warshaw (City Manager):- There's no objection.
l' C•.. it , ..' .' ..
Chairman Plummer: This is for the opening night of the film festival:''
Commissioner Teele: To do what?
Chairman Plummer: And they're asking for relaxation of the hours of noise level: This is Intercontinental
Hotel.
Mr. Warshaw: It's at Gusman Hall.. 'And there's gala at the Intercontinental Hotel. It's been the same place
every year. �=
Chairman Plummer: Yeah, but — all right. Will somebody second it? -
Commissioner Teele: I second it.
Chairman Plummer: Now, Mr. Manager, even though I'm doing this as a proffer, I warifto make sure that I
don't have Steve Owens and you and others from Brickell Key across the water that arescreaming at me
because I passed this. When it says a relaxation, until what time? OK. Mr. Manager, I'm going to look to
you — I'm going to hold you responsible that you ascertain reasonable levels of noise and reasonable amount
of extension of time. -
Mr. Warshaw: Yes, sir.
Chairman Plummer: This Commission will solely depend upon you, all right. All in favor of the motion,
say flaye.19
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
172 ' • • February 9, 1999
The following resolution was introduced by Chairman Plummer, who moved its
adoption:
RESOLUTION NO. 99-125
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO THE 16TH M AMI FILM FESTIVAL OPENING NIGHT GALA,
CONDUCTED BY THE FILM SOCIETY OF MIAMI AND FLORIDA
INTERNATIONAL UNIVERSITY, TO BE HELD AT THE INTER-
CONTINENTAL HOTEL ON FEBRUARY 19, 1999; DECLARING
AN EXEMPTION FROM THE PROHIBITIONS AND
RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5(A)
OF THE CODE. OF. THE CITY - OF - MIAMI, - FLORIDA, . AS f
AMENDED, AS THEY RELATED TO THE LEVEL AND HOURS OF
NOISE CONCERNING SAID EVENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
62. COMMENTS FROM CHAIRMAN PLUMMER DIRECTING CITY MANAGER TO DEDICATE
SECTION OF COMMISSION MEETING AGENDAS FOR COMMISSIONERS' ITEMS.'
Chairman Plummer: Is there any other matters to come before this board? Mr. Manager — let me ask this...
Commissioner Teele: When did we agree to meet, Tuesday?
Chairman Plummer: Tuesday, at ten o'clock.. Let me discuss with the board members very quickly.
Gentlemen, we have talked about any number of times of having an additional meeting for Commission
agendas only. Are you still interested? Do you want to do it? You don't want to do it?
Commissioner Teele: April.
Chairman Plummer: OK. In other words, you want in April — Mr. Manager, you're listening?' = that we
will have a Commission only agenda, that the Commission meeting — the Commissioners will forward to
the Manager the items that they want to discuss and the items that they want action on.
Commissioner Teele: Mr. Chairman, I think it would be much a better use of our time if we placed our say
173 ' . February 9, 1999
agenda in a way that we have a section of items that are Commissioned.
Chairman Plummer: I have no problem with that. I'm just trying to accommodate you, as my colleagues, of
what you want to do and how you want to do it. Would you rather do it on every Commission meeting for
an hour?
Vice Chairman Gort: Do it the regular agenda,'yes.
Commissioner Teele: I would much prefer that:
Chairman Plummer All right. Would you like do it, then, as the fast hour after two o'clock break? What
do you want? Tell me why you guys want to do.
Commissioner Sanchez: That would be good.. Hey, that would W good..-,: ' L
Vice Chairman Gort: Let me ask you a question. Maybe Pm missing something. Whenever I want
something on the agenda, I ask for it and I place it on the agenda
Chairman Plummer: No, were talking about — so we can try to avoid pocket items. I think it's what we
want...
Vice Chairman Gort: OK.
Chairman Plummer: Plus items that you, as a Commissioner...;
Vice Chairman Gort: But the problem with pocket items, pocket items are emergency stuff that come up to
us. People come up to us and say, look...
Commissioner Teele: Now, Pm going to tell you the problem. Why don't you get Harvey Ruvin to come
over here and work with the Manager and his agenda coordinator and the County Attorneys Office and
Clerk's Office because the key is this. When the agenda is published and printed. That's what it really gets
down to. Pocket items - we're forced into a pocket item for the convenience of the staff. That's why we
have pocket items. .
Chairman Plummer: What do you guys —
Commissioner Teele: That's the only reason.
Chairman Plummer: What do you want to do about the Commission's agenda?
Commissioner Sanchez: From two to three. One hour after we 'comeback because...
Chairman Plummer: All right. Is that agreeable with everybody? Try that.
Vice Chairman Gort: That's fine.
Chairman Plummer: All right. .. r
Vice Chairman Gort: I want to clarify... t .
1
174 February 9, 1999
Chairman Plummer: That you will have to have everything in the Manager's hand five days prior to the
meeting. OK. All right. Mr. Manager?
Vice Chairman Gort: I need to clarify one thing.
Chairman Plummer: Mr. Gort.
63. CONTINUE DISCUSSION / VICE CHAIRMAN GORT STATES THAT EXPENSES RESULTING
FROM RENAMING OF ALLAPATAH COMSTOCK PARK ARE TO BE BORNE BY PRIVATE
SECTOR — SEE LABEL 53. -
Vice Chairman Gort: Item 50. All and any expenses due with the change of names will be done by the
private sector. The City will not pay for it or the taxpayers.
64. DIRECT CITY MANAGER TO SCHEDULE FOR NEXT COMMISSION MEETING ISSUE OF
TAX INCREMENT PAYMENT TO BE RECEIVED BY SOUTHEAST OVERTOWN PARK WEST
AND OMNI DISTRICTS COMMUNITY REDEVELOPMENT AGENCY• FROM MIAMI-DADS
COUNTY — FURTHER REQUESTING THAT OMNI RESIDENTS BE INVITED TO MEETING.
Chairman Plummer: 'All right. Mr. Manager, I have one other item. And, Mr. Teele, I need you here. I am
getting bombarded by the people — Arthur, I want you to hear this. Excuse me. I am getting bombarded by
the people of Omni in my district, that the CRA (Community Redevelopment Agency) and this Commission
have held up the funds because the County has not approved Park West, in Oveitown. They're saying that
they're being penalized and they're not being able to proceed. Mr. Manager, I talked with Bill Johnson. He
was supposed to take back to his County Commission the item of getting approved of Park West-Overtown
and Omni by the County, which has not been done. They have approved, I think, Omni, correct?
Commissioner Teele: But, J.L., look, we have — the number one project right now of the CRA (Community
Redevelopment Agency) is to finish the master plan of the Omni area
Chairman Plummer: Correct.
Commissioner Teele: We have meetings going on virtually every week with some group of persons. There
has not been one issue — what you need to explain to the Omni people, which the Manager has still not
come back with his report from the Finance Department and the Budget Department — is that we sold them
down the river. There is one point five million dollars ($1,500,000) for the next 20 years in the CRA budget
or in the tax increment budget, and I won't vote for anything and I won't expend any moneys or nor will I — I
mean, I'm not sure where we are on that because this board needs to, affirmatively, understand what we have
done in the past and nobody wants to deal with it, J.L. The fact of the matter is, for the next 20 years, at the
end of the day, we're going to get one point five million dollars ($1,500,000) out of the tax increment district
and after that all of the money goes for the Performing Arts Trust facility. That is the worst thing, I think,
we could ever done. It is the worst thing we can ever do. I'm very...
Chairman Plummer: Excuse me.
Commissioner Teele: No, J.L. I'm very, very uncomfortable with it and nobody wants to take it up and,
basically, bring it here. I ve asked the Manager in September, as a part of the budget hearing, they were
supposed to do it. They asked Julie — Ms. Weatherholtz to work to do it. You all were doing a report. It
never came forward. And the reason is, this is bad news. It's horrible new.
175 February 9, 1999.
Chairman Plummer: We didn't sell out. We, the Commission. All right.-1 We had a razor'blade to our
throats that, unless we approved certain things, they would not approve the interlocal agreement and that
went back and forth for years, Arthur, when you were sitting over in the other chair. And you know who
did it to us.
Commissioner Teele: J.L., if I said solely, I apologize. Let,me just tell you this. It is a•very, very -bad deal
and the problem is this, LL, These people are all thinking that when this tax increment starts to move, that
there's going to be money and nobody has said .to them, "there is not going to be any money for any
improvements in the CRA area, in the tax increment district area, of Omni, other than the one point five
million dollars ($1,500,000)".- And I've been -saying, let's try to renegotiate this thing. �-
Chairman Plummer: Mr. Manager?
•......ir �:. _ .. ,--. � ;�. ` •: : �,-::a:..•t: ,�c ,. a,:.-::.:
Vice Chairman Gort: My understanding — Wait a minutK71 aught
Chairm ;��`; '€ - ; !: :r., t; 1. - .. ':.� 01, };�-t��i'A�
an Plummer: Mr. ;;,.+_-, , ,: ,, r .,..�:
: }'; j:
Vice Chairman Gort:' -I might be wrong--on•this'but I know I--inherited"this-wlien"I-*Walked in -this
Commission. My understanding was, that one, point five first goes to the;, to, pay for the debt of the - that's
my understanding.
Commissioner Teele: No, no:
Ms. Dena Bianchino (Assistant City Manager):. The way it works, I believe pis, that we,get - the•Omni area
gets the first one point four or something like that into the district.. After that, all the money goes, to the
Performing Arts Center, period.
Vice Chairman Gort: OK. My understanding is, In all the meetings I went to....
Chairman Plummer: Is that per year?
Vice Chairman Gort: Maybe it's not working.
Ms. Bianchino: All the money up to a certain... `
Vice Chairman Gort: Excuse me, J.L. Let me finish. My understanding is, in all the meetings I went to, the
people from the Omni wanted to do it that way. They're the ones that voted for it.. They're the ones that
pushed me. At least, when I went to the public hearings, in the meetings I went to, they pushed me into —
that's what they wanted to see. My understanding also is, that first funding —the first money that would
come into the district was to be used for debt services for the bonds being issued. Maybe I read the wrong
paper or...
Ms. Bianchino: Yes.
Commissioner Teele: That's a different fund.
Ms. Bianchino: No. Right now we have in our I can tell you right. now, we have in our,account seven
hundred thousand dollars ($700,000) in the Omni Tax Increment District,. which this Commission voted...,;;
176 February 9, 1999
Vice Chairman Gort: To give to them to use for the parks and so on.
Ms. Bianchino: Capital improvements.
Vice Chairman Gort: But once the debt is issued, my understanding was that the commitment from that
money was to pay toward that debt. '
Ms. Bianchino: That's right.
Vice Chairman Gort: OK.
ChairmanPlummer. Plus... _ .... _ ..
Ms. Bianchino: After one point four million, it goes to pay the debt.
Chairman Plummer. All right.
Commissioner Teele: But this is the important issue and this .is the kind of thing that J.L. was- just eluding
to. Look, we have not had an intelligent discussion about the Omni Tax Increment District since I have sat
here, and I'm the Chairman of the Board of the CRA: But it is a City Commission policy iisue;r J.L:; and
there's a lot of people out there who believe that there's going to be this unending source of money. The
plan that your citizens, my colleagues, my friends have voted on is about a three million dollar ($3,000,000)
plan for a seven hundred thousand dollar ($700,000) park. I mean, they've already spent the seven hundred
thousand that were coming from the park bond, plus the fast one and a half million dollars ($1,500,000),
OK, plus another six or seven hundred. And they've got plans for street improvement and, J.L., we really
should ask the Manager again to give us this detailed analysis — you know, let's just start over. ' Let's don't
point fingers. Because the real issue, J.L., has been the fact that I am really concerned about the fact that we
are misleading the public again.
Chairman Plummer: Mr. Manager, will you, please schedule that for the next meeting and invite thd-people
of Omni to the City Commission meeting? ., J _1 .:. ; ..
Mr. Donald Warshaw (City Manager): Yes, sir. :.,n . "!
55. COMMENTS FROM CHAIRMAN PLUMMER IN CONNECTION WITH SCHEDULING
°RIVATE WASTE HAULERS ISSUE FOR FEBRUARY 23, 1999 AS PUBLIC HEARING i
WORKSHOP — SEE LABEL 69. • . j .' 's '. , '
Chairman Plummer: Now, we have another issue that's going to be very time consuming and that is the .
issue of the waste haulers. All right. I have suggested to Mr. Patterson that that be our last item'on the
agenda, at six o'clock.
Commissioner Teele: When?
Chairman Plummer: Here.
Commissioner Teele: What day?
Chairman Plummer: On the next Commission meeting.
177 February 9, 1999
Vice Chairman Gort: The 23rd.
Chairman Plummer: In other words, it's indicated to me that it's going to be a time consuming process
where the haulers are allowed to express their opinion.
Mr. Donald Warshaw (City Manager): That's correct.
Chairman Plummer: All right.
Mr. Raul Martinez (Assistant City Manager): That will be up to you if you want to allow the haulers your
opinions. It's basically a Commission workshop, for us to give you the working group's recommendation
and for you to make — give us a...
Chairman Plummer: All right. Pm trying to work a time frame. Are you talking about two hours is
adequate? All right.
Mr. Warshaw: You could have a considerable number of people here.
Chairman Plummer: All right. Then, let's make that the last item -at six o'clock.. Is that agreeable?
Vice Chairman Gort: Whatever time.
Chairman Plummer: No, make it the last item.
Commissioner Teele: Are you going to try to make a decision at -the next meeting?
Chairman Plummer: I doubt that we can. I would like to think we could but it's not going to happen.
Commissioner Teele: Why don't we have a workshop — a public hearing workshop and let's try not to make
a decision. Let's...
Chairman Plummer: All right.
Commissioner Teele: ... consider what they're saying.
Chairman Plummer: That's fine. You don't have to make a decision but I'm trying to — all I'm trying to do is
to get time -wise.
Commissioner Sanchez: That's my resolution on the private haulers.
Chairman Plummer: All right.
Commissioner Sanchez: And I would like to hear...
Chairman Plummer: So, what were talking is that six o'clock, on the next meeting, is the last item is the
waste haulers. All right.
Commissioner Teele: You've got a zoning agenda that week too, don't you?. • - , :,
178 February 9, 1999
66. DIRECT CITY MANAGER TO RESEARCH FEASIBILITY OF CAFETERIA STYLE HEALTH
BENEFITS PLAN FOR CITY EMPLOYEES.
Chairman Plummer: Yeah, but they'll have to judge accordingly. All right. Where is the RFP (Request for
Proposal) on the health insurance for City employees? When is that = when are we going to see that?
Hello? Hello? I'm calling collect.
Ms. Bertha Henry (Assistant City Manager): Excuse me: This is Bertha Henry, Assistant City Manager,
Finance and Administration. Commissioner, it is our intent to bring that RFP to you toward the latter part of
April.
Chairman Plummer: OK. No. Definitely April.
Ms. Henry:. Yes, sir: ,:r� ' • .
17
Mr. Donald Warshaw (City Manager): And keep in mind in terms of time frames that...
Chairman Plummer: That's exactly what I m trying to keep in mind because it's going to affect October 1, or
it could radically affect, good or bad. .1,A:
Mr. Warshaw: There is a —and connect me if I'm wrong — there is a 120 day minimum notice to the current
carrier in the event we were to make a decision... - -
Chairman Plummer: Well, I thought we've already given him notice that we were going to go with an RFP.
Ms. Henry: No, we have not.
Mr. Warshaw: We can't do that.
Chairman Plummer: Why not?
Ms. Henry: Because we need to make sure that we have a provider in place so that were not, at any point
and time, without a provider. .
Chairman Plummer: OK. Mr. City Manager, I drove by Wynwood Free Trade Zone yesterday
Commissioner Teele: Hold it. Have you left that issue?.
Chairman Plummer: I'm sorry.
Commissioner Teele: Have you left that issue?
Chairman Plummer: Yes.
Commissioner Teele: May I just inquire? You know, and I think Ms. Carter is really beginning to follow
through. Can you look at doing some — can you look at if whether or not we could buy this off of other
providers? In other words, the School Board has what is called a cafeteria plan in which they're providing —
they have like four different providers and each of the — there's different categories. In other words, you can
0
179 1#,. February 9, 1999
— the employees can choose how they want to participate. Dade County has some. I mean — you flow, I
just am a big believer in buying from volume. We don't necessarily need an RFP out there that says City of
Miami, if we could buy it off of the School Board that is buying probably 20 times the amount of _health care
that we're buying. I mean, we've got 2000 employees and they've got 20,000 employees.
Ms. Bertha Henry (Assistant City Manager): Yes. Part of the issue with that, Commissioner is, when you're
buying insurance, the industry looks at the group and they rate the group based on the demographics of the
group. Currently, we have a self-insurance plan where we — basically, we pay for the cost of the medical
care and we pay a provider.to, you know, provide the medical services on our behalf. We agree with you
that our current program does not offer choice to our employees. That is why we would like to go out into
the market to expand our plan so that we're able to provide choice cost effectively. So, we would agree with
you that that's important. That would be an important ingredient that we would want to have.
Commissioner Teele: Only thing that rm asking is, as we look at going out with an RFP (Request for
Proposal), would you also look if whether or not we could buy the option for the choice right off of the
school board's plan or right off of another governmental body's plan.
Ms. Henry: We'll take a look at that.
Commissioner Teele: ^ Thank you.
67. DIRECT CITY MANAGER TO REVIEW PROBLEM INVOLVED WITH KEEPING BUILDING
DOORS OPEN AT WYNWOOD FREE TRADE ZONE.
Chairman Plummer: Mr. Manager, I drove by Wynwood Free Trade Zone yesterday. Either rm mistaken,
but I need you to find out. They've open up all of the doors over there, which, in fact, to me is a possible
area of deterioration. The City Attorney is telling me, for whatever reason, I don't understand, that its going
to be seven to eight to nine months before the City takes possession under foreclosure, where we can't do
anything to try to operate it. It's going to deteriorate tremendously, and with those doors open and the
elements going in, it's going to be even worst.
Mr. Warshaw: We'll look at it right away.
Chairman Plummer: All right. I have — oh, the other thing I have. I have asked again and again.
Vice Chairman Gort: Is this J.L's agenda or the Commission?
Chairman Plummer: No. I'm just trying to wrap it up. I'm not asking ... street lights. Mr. Manager, I still
don't see anything on Cable 9.
Mr. Donald Warshaw (City Manager): It's on.
Chairman Plummer: It is on? When did it start?
Mr. Warshaw: It's been on for awhile.
Mr. Raul Martinez (Assistant City Manager): It was on for a while. We amended it to have the Net...
Chairman Plummer: And have people been using it?
180 February 9, 1999
Mr. Martinez: I'm not sure.
58. COMMENTS FROM CHAIRMAN PLUMMER IN CONNECTION WITH LIGHTS OUT OF
SERVICE IN THE PUBLIC RIGHT- OF- WAYS.
Chairman Plummer: OK. We have...
Vice Chairman Gort: Move to adjourn.
Chairman Plummer ... Brickell Avenue. No lights on Brickell Avenue according to a phone call, that seven
lights, Mr. Kay, are out between 26th Road and 15th Road, making it dangerous for people to jog.
Vice Chairman (Tort: Fourteenth Avenue between Miami River and-20th-Street.
Chairman Plummer: Third Avenue and 13th Avenue, the lights been out for over four months, yet we're
paying for the light every month. Thirteenth Avenue and 3rd Avenue, right on the corner. Any other things
to come before this...
69. CONT NUE DISCUSSION — DIRECT CITY MANAGER TO SCHEDULE WASTE HAULERS
WORKSHOP AT 10 A.M. ON FEBRUARY 23, 1999 COMMISSION MEETING — FURTHER
INSTRUCTING MANAGER TO SCHEDULE PLANNING AND ZONING ITEMS FOR 2 P.M. — SEE
LABEL 65.
Mr. Joel Maxwell (Assistant City Attorney): Do you want to give any direction to staff— Mr. Chairman, do
you want to give any direction to staff regarding the zoning agenda for the 23rd?
Chairman Plummer: Mr. Teele, on our next meeting, do you want to have an agenda in the morning for
regular items or you don't want an�,startat noon? What's your pleasure?
Commissioner Teele: What?
Mr. Maxwell: On the 23rd.
Chairman Plummer: We don't have anything but Planning and Zoning. During the day we can start that at
noon and, then, have the trash haulers at six. Do you want regular items in the morning?
Vice Chairman Gort: Let me ask you a question. Why can't we have trash haulers in the morning?
Chairman Plummer: We could have that if you want.
Vice Chairman Gort: Have it in the morning. Get it out of the way.
Chairman Plummer: All right. Have the trash haulers starting at nine o'clock.
Commissioner Teele: Ten o'clock...
Chairman Plummer: Nine o'clock. Ten o'clock. All right, Tomas. I forgot about him.
i
181 ':' : February 9, 1999
s
I
Mr. Maxwell: The ordinance says - oh, this is a workshop. Ifs not.. -
Chairman Plummer. This is going to be a workshop, yes. Ql�._AY4_then, we will have Planning and
Zoning of --f-5-items, which is already..
Mr.- MaiWe DO_you 4-i-ii-f to k6ep'that at two o'clock?
Chairman Plummer: Keep that at two otlock, yeah. OK. Thank all of you and well see you on the 23rd.
'r�ww* Trui %.,k
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182 r February 9, 1999
-Ole
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 6:13 P.M.
JOE CAROLLO.
MAYOR
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Arguclin
ASSISTANT CITY CLERK
183 February 9, 1999