HomeMy WebLinkAboutCC 1999-03-23 MinutesCITY OF MIAMI
all
COMMISSION
MINUTES
"I I
OF MEETING HELD ON MARCH 23, 1999 (Regular Commission Meeting)
PREPARED BY THE OFFICE OF .THE CITY CLERK/CITY HALL
-
Walter J. Foeman/Chy Clerk
w
INDEX
MINUTES OF PLANNING AND ZONING MEETING
March 23,1999
ITEM NO. SUBJECT LEGISLATION
l . (A) COMMENDATION TO POLICE OFFICER MANNY 31-13/99
GOMEZ, 18 YEAR VETERAN, CURRENTLY ON CALLE DISCUSSION
OCHO HORSE BEAT. 2-4
(B) COMMENDATION TO SAMUEL JOHNSON OF
LIBERTY CITY OPTEMST CLUB FORJUNIOR PEE-
WEE FOOTBALL TEAM AND CHEERLEADERS FOR
WINING THE 1998 POP WARNER NATIONALSUPER
BOWL CHAMPIONS.
2. DISCUSSION OF CONSTRUCTION . WORK ON 12 3r-3/99
AVENUE BRIDGE OVER MIAMI RjVER— DISCUSSION
DISRUPTION OF BUSINESSES —REQUEST FDOT TO
ADRESS COMMISSION —REQUEST TRAFIC STUDY
AND DIRECTIONAL SIGNS FOR DETOURS.
3. COMMENTS FROM COMMISSIONER SANCHEZ 3!23/99
.COMMENDING MIAMI POLICE AND DISCUSSION
ADMINISTRATION FOR JOB WELL DONE FOR 5
WALK-THRU OF EAST LITTLE HAVANA.
4. COMMENTS REGARDING KICK OFF- OF LOT 3/23/99
CLEARING / UNSAFE STRUCTURES / ABANDONED DISCUSSION
AUTOS / BLIGHTED AREAS CLEAN-UP PROJECT. 6
89 : i Nd 8- AON 66
I February 23, 1999
5. COMMENTS ' FROM VICE-CHAIRMAN' ' GORT
3.'2394
REGARDING NEED FOR MORE INFORMATION Or
DISCUSSION
AGENDA ITEMS 9A (PROPOSED FIRST READING
tl
ORDINANCE AMENDING CHAPTER 29. ARTICLE IV.
SECTION 29-122 OF CODE: "LANDFILLS AND
WATERFRONT IMPROVEMENTS");. AG19
(INCREASE MARTIN LAMAR'S UNIFORMS
CONTRACT); AG21 (AUTHORIZE PROFESSIONAL
SERVICE AGREEMENT WITH MILIAN, SWAIN, AND
ASSOCIATES, INC. - FOR RIVERSIDE RIVERFRON' T
REDEVELOPMENT PROJECT).
6. DIRECT ADMINISTRATION TO ASCERTAIN WHY
3123/99
FIRST UNION BANK'S RETAIL LOCKBOX
Dg cussloN
OPERATION IN M AMI IS BEING TRANSFERRED TO
ORLANDO - SEE LABEL 38 - FURTHER COMMENTS
ON INTEREST CITY DERIVES FROM WEEKEND
INVESTMENTS OF CITY ACCOUNTS MADE BY
FIRST UNION BANK.
7. DIRECT CITY MANAGER TO PROVIDE STATUS
3/23/99
REPORT ON PROPOSED PROGRAMMING FOR
DISCUSSION
CABLE NET 9.
8
8. COMMENTS REGARDING - REPORT OF OVERTOWN 3'23/99
SECTION 8 LOAN PROPERTIES WHICH ARE IN NON- DISCUSSION
COMPLIANCE WITH CODE REQUIREMENTS. 8-9
9• (A) COMMENTS REGARDING UPPER EAST SIDE R-13/99
CONTRIBUTION TO GROUNDBREAKING OF DISCUSSION
LEGION PARK. 1 0' 1'-
(B) CONSIDER REESTABLISHING PARKS ADVISORY
BOARD.
(C) DIRECT ADMINISTRATIONTO REVIEW
PARKING SPACES AT AMERICAN AIRLINES
(MIAMI) ARENA FOR 70,00 SQUARE FEET OF
RETAIL.
(D) BEGIN COORDINATING MILLENIUM NEW
YEAR'S EVE CELEBRATION.
(E) DIRECT ADMINISTRATION TO ENSURE CITY
OBTAINS PROPORTIONATE SHARE OF TAXES
FROM RETAIL SPACE AT AMERICAN AIRLINES
ARENA - FURTHER ASCERTAIN WHETHER
PROPERTY BEHIND SAID ARENA IS ZONED PARK.
PERSONAL APPEARANCE: NORA HERNANDEZ 3/23199
HENDRIX -AFFIRMATIVE ACTION BOARD DISCUSSION
PRESENTATION. - SEE LABEL 4. 12-I3
February 23, 1999
IL CONSENT AGENDA
11.1 ACCEPT BID OF VENECON, INC. -IN AMOUNT OF
S101.600, - FOR "LEGION PARK RENOVATIONS. B-
6306" - ALLOCATE FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM. LEGION PART:
IMPROVEMENTS, PROJECT NO. 331312 (SUNSHINE
STATE REVENUE BONDS POOL AND SAFE
NEIGHBORHOOD PARK BOND), AS APPROPRIATED BY
THE GENERAL APPROPRIATIONS/CAPITAL
IMPROVEMENT ORDINANCE NO. 11705, AS AMENDED,
IN THE AMOUNT OF S 101,600, TO COVER THE
CONTRACT COST AND S17,485, TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL
COST OF S 119,085.
11.2 ACCEPT BID OF ALL STATE POLICE EQUIPMENT
COMPANY, INC- FOR THE PROCUREMENT OF
BELL PRO POLICE RS-100 RIOT TACTICAL
HELMETS AND REPLACEMENT SHIELDS, ON AN AS -
NEEDED CONTRACT BASIS FOR ONE (1) YEAR,
WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS - FOR
DEPARTMENT OF POLICE, AT AN ANNUAL.
AMOUNT NOT TO EXCEED S31,261.25 - ALLOCATE
FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.2 90201.6.075.
11.3 ACCEPT BID OF RECREONICS, INC. IN AMOUNT OF
$15.474.09, - FOR PROVISION OF POOL EQUIPMENT
FOR VARIOUS CITY PARKS - FOR DEPARTMENT
OF PARKS AND RECREATION - ALLOCATE FUNDS
THEREFOR FROM THE SAFE NEIGHBORHOOD
PARK BOND FUNDS, APPROPRIATED IN CAPITAL
IMPROVEMENT PROJECT NOS. 331070, 331341,
331327, 333107, AND 331351.
11.4 ACCEPT BID OF LANDSCAPING ASSOCIATES, INC.,
IN THE PROPOSED AMOUNT OF S23,985 - FOR
PROJECT ENTITLED "MELREESE GOLF COURSE
TREE REPLACEMENT PROJECT, H-1096" -
ALLOCATE FUNDS THEREFOR FROM CAPITAL
IMPROVEMENTPROJECT NO.311016.
3.''_3'99
DISCUSSION
13-14
3.13 '99
R 99-166
14
323/99
R 99-167
15
323/99
R 99-168
IS
323/99
R 99-169
16
February 23, 1999
11.E
ACCEPT BIDS OF VARIOUS VENDORS, AS LISTED IN
3'2119Q
EXHIBIT `A' ATTACHED HERETO AND MADE A
R 9Q.170
PART HEREOF, FOR THE PROCUREMENT OF
16
WORK AND LATEX GLOVES FOR CITY-WIDE USE.
ON AN AS -NEEDED CONTRACT BASIS FOR ONE (1)
YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS. AT AN
ANNUAL AMOUNT NOT TO EXCEED S50.000 -
ALLOCATE FUNDS THEREFOR FROM THE
VARIOUS USER DEPARTMENT BUDGETS AT TIME
OF NEED.
11.6
APPROVE PROCUREMENT OF AUTOMOTIVE PARTS
R23/99
RECYCLING EQUIPMENT FROM MANSUR
R 99-171
INDUSTRIES COMPANY/SYSTEM ONE
17
TECHNOLOGIES, INC, UNDER STATE OF FLORIDA
NEGOTIATED AGREEMENT PRICE SCHEDULE
(SNAPS) NO.5651251, ON A CONTRACT BASIS UNTIL
OCTOBER 25, 1999 - FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, IN AN
AMOUNT NOT TO EXCEED S17,750 - ALLOCATE
FUNDS THEREFOR FROM ACCOUNT CODE NO.
503001.420905.850.
11.7
APPROVE PROCUREMENT OF DIGITAL PHOTO
3/23/99
IDENTIFICATION SYSTEM WITH PHOTOGRAPHIC
R 99-172
SUPPLIES FROM PLASCO, INC - AWARDED UNDER
17
MIAMI-DADE COUNTY - FOR POLICE
DEPARTMENT, AT A TOTAL COST NOT TO EXCEED
S13.49735 - ALLOCATE FUNDS THEREFOR FROM
THE LAW ENFORCEMENT BLOCK GRANT,
ACCOUNT CODE NO.001000.290307.6.840.
11.8
AUTHORIZE CITY MANAGER TO EXECUTE-
3r3/99
AGREEMENT BETWEEN THE CITY OF MIAMI AND
R 99-173
MIAMI-DADE COUNTY - FOR EXTENSION OF
18
WATER FACILITIES IN KINLOCH PARK AT N.W. 45
AVENUE BETWEEN N.W. 4 TERRACE AND N.W: 6
STREET, MIAMI. FLORIDA.
i 1.9
AUTHORIZE CITY MANAGER TO ACCEPT GRANT,
3/23/99
IN AMOUNT OF $61.038.61, FROM MIAMI-DADE
M 99-174
COUNTY FOR THE DEPARTMENT OF PARKS AND
18
RECREATION, PROGRAM - FOR PERSONS WITH.
DISABILITIES DIVISION, TO BE USED FOR
ENGAGING THERAPEUTIC RECREATIONAL
SPECIALIST - FOR PURCHASE OF ADDITIONAL
HANDICAPPED ACCESSIBLE PLAYGROUND
STRUCTURE AT KINLOCK PARK..
4 February 23, 1999
11.10 ACCEPT PROPOSAL OF POINT VIEW ASSOCIATION.
INC. TO ASSUME COST FOR PURCHASE AND
INSTALLATION OF DECORATIVE STREET LIGHTS
FROM FLORIDA POWER & LIGHT - FOR
PLACEMENT ON BRICKELL BAY DRIVE, BETWEEN
SE 14 STREET AND SE 15 ROAD, MIANII. FLORIDA.
ll.11 AUTHORIZE FUNDING OF NEW HORIZONS
OVERTOWN FAMILY ENRICHMENT CENTER
YOUTH CAMP, IN AN AMOUNT NOT TO EXCEED
S5,000 - ALLOCATE FUNDS THEREFOR FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT
NUMBERS 690001, 690002, AND 690003.
11.12 AUTHORIZE FUNDING FOR COSTS BY
DEPARTMENT OF POLICE - FOR CONTINUED
ACCREDITATION OF SAID DEPARTMENT BY THE
COMMISSION ON ACCREDITATION FOR LAW
ENFORCEMENT AGENCIES, INC. (C.A.L.E.A.) AND
THE STATE OF FLORIDA - ALLOCATE FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED
S55,379, FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NUMBER 690003.
11.13 AUTHORIZE CITY MANAGER TO ISSUE REQUEST
FOR PROPOSALS (RFP) SEEKING QUALIFIED
PROVIDERS OF MEDICAL EXAMINATIONS AND TO
ADMINISTER OTHER MEDICAL SERVICES TO
CURRENT AND PROSPECTIVE CITY EMPLOYEES FOR THE DEPARTMENT OF HUMAN RESOURCES.
11.14 AUTHORIZE CITY MANAGER TO NEGOTIATE AND
EXECUTE COMMUNICATION SERVICE
AUTHORIZATION (CSA) AGREEMENT WITH THE,
STATE OF FLORIDA - FOR PROCUREMENT OF
INTERNET SERVICE THROUGH BELLSOUTH - AT
ANNUAL COST NOT TO EXCEED S60,000 - FOR
DEPARTMENT OF INFORMATION TECHNOLOGY -
ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NOS. 001000.460101.6340 FOR THE FIRST YEAR
AND 001000.430101.6.510 FOR THE ENSUING THREE
(3) YEARS.
1. 23.99
R 99-175
19
R 99-176
19
3/23/99
R 99-177
20
323/99
R 99-178
20
3/23/99
R 99-179
21
5
February 23, 1999
11.1 AUTHORIZE CITY MANAGER TO ACCEPT AN
ADDITIONAL DONATION OF S34,000, FROM THE
METROPOLITAN MIAMI FLOWER SHOVE'. INC.
(-FLOWER SHOW") - TO UPGRADE AND
COMPLETE IMPROVEMENTS TO CHARLES
TORREY SIMPSON MEMORIAL GARDEN CENTER
(-GARDEN CENTER"), LOCATED IN SIMPSON PARE.
55 SW 17TM ROAD, MIAMI, FLORIDA.
11.16 ACCEPT DONATION, OF S500.00, FROM APRICOT
OFFICE SUPPLIES, AS A CONTRIBUTION TO THE
CITY OF NIIAAH BLACK HISTORY MONTH
CELEBRATION.
11.17 ACCEPT DONATION, OF, S18,600, FROM PEPSI-COLA
COMPANY - FOR THE DEPARTMENT OF PARKS
AND RECREATION, CONSISTING OF, (1) 5.200 TEE
SHIRTS AND 25 CASES OF SOFT DRINKS - FOR
SUMMER .OLYMPICS PARTICIPANTS, AND (2) CO-
SPONSORSHIP, WITH THE CITY OF MIAMI, OF THE
TABLE TENNIS SUMMER PROGRAM TO BE
PRESENTED IN 27 CITY PARKS, AND A TABLE
TENNIS TRAINING PROGRAM FOR PARK
MANAGERS.
11.18 AUTHORIZE ALLOCATION OF SEVEN THOUSAND
DOLLARS (S7,000) OF COMMUNITY DEVELOPMENT
BLOCK GRANT (-CDBG") FUNDS, THE
COMMERCIAL CODE COMPLIANCE PROGRAM
(PROGRAM), PROJECT NO. 799613, TO THE LITTLE
HAVANA DEVELOPMENT AUTHORITY, INC., - FOR
REHABILITATION OF ONE (1) BUSINESS, BASSAS
CARGO INTERNATIONAL, LOCATED AT 301-311
N.W.S. RIVER DRIVE. MIAMI, FLORIDA, IN THE
LITTLE HAVANA TARGET AREA.
11.19 AUTHORIZE ALLOCATION OF SEVEN THOUSAND
DOLLARS ($7.000) OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS, THE COMMERCIAL
CODE COMPLIANCE PROGRAM (PROGRAM),
PROJECT NO. 799613 - TO THE SMALL BUSINESS
OPPORTUNITY CENTER, INC., FOR THE
REHABILITATION OF ONE (1) BUSINESS, THE CASA
PANZA RESTAURANT, LOCATED AT 1620 S.W. ST"
STREET, MIAMI, FLORIDA; IN THE LITTLE
HAVANA TARGET AREA.
3.'23 -99
R 9y-180
,1
3.''-3 :99
R 99-181
22
3.'23/99
R 99-182
2:
3123/99
R 99-183
23
3/23/99
R 99-184
24
6 February 23, 1999
11.20 APPROVE APPLICATION BY, FLORIDA 3.23.99
INTERNATIONAL RESTAURANT HOTEL & BAKERY R 99' i 85
EXPOSITION, INC. — FOR TWO-DAY STATE LIQUOR -"
PERMIT �TO ALLOW ON SITE DISPLAY BY
MANUFACTURERS OR DISTRIBUTORS OF
PRODUCTS LICENSED UNDER STATE OF FLORIDA
BEVERAGE LAW —TO ALLOW CONSUMPTION OF
SUCH BEVERAGES. ON PREMISES OF NUT GROVE
CONVENTION CENTER, MIANII, FLORIDA, DURING
THETERIOD OF DULY 10-11, 19".
12 RATIFY / APPROVE / CONFIRM CITY MANAGER'S 3I23199
FINDING OF SOLE SOURCE — WAIVE R 99-186
REQUIREMENTS FOR COMPETITIVE SEALED -s-27
BIDDING PROCEDURES - APPROVE PURCHASE OF
LIFEPAK 12 DEFIBRILLATION/MONITORS, LIFEPAK
1-2 UNITS, 12-LEAD EKG MONITORS, AND RELATED
EQUIPMENT FROM PHYSIO CONTROL
CORPORATION - FOR FIRE -RESCUE, IN AMOUNT
NOT TO EXCEED S141,725 - ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 313304, "FIRE -RESCUE
EQUIPMENT," ACCOUNT CODE NO.289401.850.
February 23, 1999
13 (A) APPROVE EMERGENCY ORDINANCE
AMENDING SECTION 6 OF ORDINANCE NO. 11705. R 94-1 s-
AS AMENDED, THE ANNUAL APPROPRIATIONS - -
ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1999, THEREBY REVISING
PREVIOUSLY APPROVED PUBLIC FACILITIES
CAPITAL .IMPROVEMENT PROJECTS AND
INCREASING APPROPRIATIONS TO CAPITAL
IMPROVEMENT PROJECT NO. 324002, ENTITLED
"ORANGE BOWL RAMPS," FROM $250.000 TO
$900,000.
(B) RATIFY / APPROVE / CONFIRM CITY
MANAGER'S FINDING THAT ' EMERGENCY
SITUATION — WAIVE REQUIREMENTS FOR
COMPETITIVE BIDDING PROCEDURES, —,APPROVE
CONTRACT TO THE CONSULTING ENGINEERING
FIRM OF BLISS & NYITRAY, INC — FOR
PREPARATION OF CONSTRUCTION PLANS AND
SPECIFICATIONS OF REPAIRS AT THE ORANGE
BOWL STADIUM FOR ALL EXTERIOR PEDESTRIAN
RAMPS AND COMPLETE REMEDIAL STRUCTURAL
REPAIRS — AUTHORIZE TO SOLICIT INFORMAL
BIDS AND EXECUTE CONTRACT WITH THE
LOWEST RESPONSIVE AND RESPONSIBLE
BIDDER(S) FOR SAID STRUCTURAL REPAIR WORK -
- ALLOCATE FUNDS THEREFOR, IN AMOUNT NOT
TO EXCEED $900,000, FROM CAPITAL
IMPROVEMENT PROJECT NO.324002.
14 APPROVE EMERGENCY ORDINANCE ESTABLISHING A 3!23/99
SPECIAL REVENUE FUND ENTITLED "SCHOOL BASED ORDINANCE 11769
PARTNERSHIPS GRANT." AND APPROPRIATING 36-37
FUNDS — IN AMOUNT OF $180.017 — FOR OPERATION
OF SAME. CONSISTING OF GRANT FROM THE
FLORIDA DEPARTMENT OF JUVENILE JUSTICE. _
OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES (COPS).
1 APPROVE EMERGENCY ORDINANCE 3:23/99
ESTABLISHING SPECIAL REVENUE FUND ORDINANCE 11770
ENTITLED: "CALI CARTEL INITIATIVE" AND 37-39
APPROPRIATING FUNDS FOR THE OPERATION ' OF
SAME IN TOTAL AMOUNT OF $54.270 — CONSISTING
OF GRANT FROM THE MONROE COUNTY SHERIFFS
OFFICE.
February 23, 1999
16 APPROVE SECOND READING ORDINANCE 3' =' 99
AMENDING SECTION 22-12 OF THE CODE OF THE 4(p-.t• D-4ICE I1" 41 t
CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "WASTE FEES," BY REPEALING THE
ASSESSMENT OF SUPPLEMENTAL WASTE FEES
UPON CERTAIN ESTABLISHMENTS AS SPECIFIED
HEREIN - COMMENTS MADE BY COMMISSIONERS
RELATED TO LOT CLEARING NEEDS
THROUGHOUT THE CITY — TABLE ITEM 9 TO
LATER IN SESSION.
17 APPROVE SECOND READING ORDINANCE 123/99
ESTABLISHING NEW SPECIAL REVENUE FUND ORDINANCE 11772
ENTITLED "SOLID WASTE REDUCTION, 41-43
RECYCLING AND EDUCATION (FY 199)" -
APPROPRIATING FUNDS, IN THE AMOUNT OF
$291,204, FOR THE OPERATION OF SAME,
CONSISTING OF TWO GRANTS FROM THE STATE
OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL
REGULATION (FDER), ENTITLED: "RECYCLING
AND EDUCATION GRANT (FY '99)", IN THE AMOUNT
OF $172,025 AND "WASTE TIRE GRANT (FY 999)", IN
THE AMOUNT OF $119,179.
18 ACCEPT BID OF CHI-ADA CORPORATION - FOR
3133/99
PROVISION OF CUSTODIAL SERVICES AT THE
R 99-188
MIAMI RIVERSIDE CENTER (MRC - , IN AMOUNT
4348
NOT TO EXCEED $92,098, WITH THE OPTION TO
EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS THEREFOR, FROM
ACCOUNT CODE NO.504000.421901.6340.
19 ACCEPT BID OF GABRIEL SECURITY
3n--3/99
CORPORATION, INC - FOR PROVISION OF
R 99-189
SECURITY GUARD SERVICES AT MIAMI RIVERSIDE
48-50
CENTER (MRC - FOR AMOUNT NOT TO EXCEED
$92.880.) - ALLOCATE FUNDS THEREFOR, FROM
ACCOUNT CODE NO. 504000.421901.6340;
REQUIRING BUDGETARY APPROVAL FOR
ENSURING OPTION PERIODS..
20 INSTRUCT MANAGER TO PROCEED ON
323/99
EMERGENCY BASIS WITH INFORMAL
M 99-190
COMPETITIVE PROCESS FOR LEASE OF OFFICE
50-54
SPACE FOR OFFICE OF WORK FORCE
DEVELOPMENT, AT 8325 NORTHEAST 2 AVENUE.
9 February 23, 1999
21 COMMENTS FROM COMMISSIONER REGALADO Eli
3== as
CONNECTION WITH CITY MANAGER'S DIRECTIVE
DISCL'SSIO\
ADVISING- EMPLOYEES TO ROUTE INQUIRIES
FROM ELECTED OFFICIALS TO DIRECTORS.
22 AUTHORIZE SIX - MONTH EXTENSION. FROM
MARCH 29 - SEPTEM 3ER 29, 1999, TO ATTACHED
PROFESSIONAL SERVICES AGREEMENT WITH
MODIS CORPORATION, — FOR PROCUREMENT OF
COMPUTER PROGRAMMING SERVICES — FOR
DEPARTMENT OF INFORMATION TECHNOLOGY —
FURTHER INCREASE PAYMENT FOR SAID
SERVICES IN THE AMOUNT OF S25,000, FROM
S50,000 TO S75,000 — ALLOCATE FUNDS THEREFOR
FROM ACCOUNT CODE NO.001000.460101.6.270.
23 WITHDRAWN BY ADMINISTRATION: DENYING THE
3,'23/99
REQUEST OF NIIANII-TELECOMMUNICATIONS, INC.
DISCUSSION
("TCI") PURSUANT TO THE ASSET EXCHANGE
56-58
AGREEMENT, DATED OCTOBER 9, 1998, WITH
MEDIAONE OF NORTHERN ILLINOIS, INC
("MEDIAONE") AND CERTAIN OF ITS AFFILIATES.
24 RATIFY/ APPROVE/ CONFIRM CITY - MANAGER'S
3!33/99
FINDING OF EMERGENCY — WAIVE
R 99-192
REQUIREMENTS FOR COMPETITIVE SEALED BIDS -
59-61
- APPROVE EMERGENCY PURCHASE AND
INSTALLATION ON AN AIR CONDITIONING UNIT
AT NEW MARINE PATROL OFFICE LOCATED AT
THE MIAMI YACHT CLUB ON WATSON ISLAND
FROM TOTAL AIR SERVICES, INC. — IN AMOUNT
NOT TO EXCEED $5,950, — FOR DEPARTMENT OF
POLICE — ALLOCATE FUNDS FROM POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE
NO.001000.290201.6.840.
10 February 23, 1999
25 RATIFY/ APPROVE/ CONFIRM CITY MANAGER'S 3-231.99
FINDING OF EMERGENCY _ — WAS R 99-193
REQUIREMENTS FOR COMPETITIVE SEALED BIDS - 60-61
- APPROVE EMERGENCY PROCUREMENT OF PRE-
EMPLOYMENT PSYCHOLOGICAL SCREENING &
PSYCHOLOGICAL COUNSELING SERVICES FROM
LAW ENFORCEMENT PSYCHOLOGICAL AND
COUNSELING ASSOCIATES, INC — FOR THE PERIOD
JANUARY 1 - APRIL 30,1999, IN AN AMOUNT NOT TO
EXCEED S103,000, — FOR DEPARTMENT OF POLICE -
- ALLOCATE FUNDS FROM FY 98/99 POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE
NOS. 001000.290201.6.260 (S65,000) AND
001000.290201.6.270 (S38,000).
26 APPROVE ALLOCATION OF ADDITIONAL FUNDS, IN 3123/99
AMOUNT OF S493,000, TO CONTINUE ACTIVITIES - R 99-194
OF FORFEITURE FUND DETAIL. — FOR 61-63
DEPARTMENT OF POLICE — ALLOCATE FUNDS
FROM LAW ENFORCEMENT TRUST FUND,
PROJECT NUMBERS 690001, 690002, AND 690003.
27 (A) AUTHORIZE INCREASE IN AMOUNT NOT TO 3r-3/99
EXCEED S287.137.56, WITH MARTIN'S LAM" R 5 99-19
UNIFORMS, (NON-MINORITY/NIIANII-DADE COUNTY R 99
VENDOR, 7230 NW 46 STREET, ,MIANII, FLORIDA) —
-66
FOR PROCUREMENT OF UNIFORM ACCESSORIES —
FOR DEPARTMENT OF POLICE — ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.290201.6.075.
(B) AUTHORIZE INCREASE, IN AMOUNT NOT TO
EXCEED - S156J45.90, WITH MARTIN'S LAMAR
UNIFORMS,)— FOR PROCUREMENT OF UNIFORMS —
FOR DEPARTMENT OF POLICE— ALLOCATING
FUNDS THEREFOR FROM THE POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.075.
28 EXPAND BOUNDARIES OF BROWNFIELDS AREAS 323/99
TO INCLUDE AREAS DETERMINED TO HAVE R 99-191
REDEVELOPMENT POTENTIAL AND CRITICAL 66-67
NEED FOR ENVIRONMENTAL REMEDIATION AND
REHABILITATION.
February 23, 1999
29 TO- AUTHORIZE CITY MANAGER TO EXECUTE A 3.2-; 9u
PROFESSIONAL SERVICES AGREEMENT. WITH R QQ.19C
FIRM OF MILIAN. SWAIN AND ASSOCIATES. INC. - `'
PROVIDE PLANNING AND DESIGN SERVICES - FOR
RIVERSIDE RIVERFRONT REDEVELOPMENT.
PROJECT FOR A MAXIMUM FEE OF $239.900. -
ALLOCATE FUNDS THEREFOR FROM. THE CAPITAL
IMPROVEMENT PROJECT NO. 322064 ENTITLED.
"RIVERSIDE RIVERFRONT REDEVELOPMENT
PROJECT.
30 AUTHORIZE CONTINUING ENGAGEMENT OF LAW 3•'23"99
FIRM OF DAVIS WEBER & EDWARDS - FOR LEGAL R 91-199
SERVICES PROVIDED TO THE CITY OF MIANII IN 71-75
CONNECTION WITH THE CASE OF BEDMINSTER
SEACOR SERVICES V. THE CITY OF MIAM19 IN THE
CIRCUIT COURT. OF THE ELEVENTH . JUDICIAL
CIRCUIT, CASE NO. 98-20458 CA 32; ALLOCATING
FUNDS THEREFOR, - IMAMOUNT NOT TO EXCEED
AN ADDITIONAL $25,000, PLUS COSTS AS
APPROVED BY 'THE CITY ATTORNEY, - FROM
SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.624401.E.'661 FOR SAID
SERVICES.
31 DEFER CONSIDERATION OF AGENDA ITEM 23 3:23!99
(RESCINDING ' RESOLUTION NO. 97-907, ADOPTED M 99-200
DECEMBER 9, 1997, WHICH ACCEPTED THE PLAT 76
ENTITLED "NORTHWESTERN ESTATES.
32 APPROVE AS MODIFIED ESTABLISHMENT OF 3.'23/99
QUALIFIED BIDDER'S LIST COMPRISED OF R 979201
SEVENTEEN (17) PRE -QUALIFIED VENDORS, AS
LISTED ON EXHIBIT "A",- ATTACHED HERETO,
FOR PROVISION OF CITY-WIDE LOT CLEARING
SERVICES, - AT TOTAL ANNUAL AMOUNT NOT TO
EXCEED $500.000 - ALLOCATE FUNDS THEREFOR
FROM THE COMMUNITY DEVELOPMENT 2214D AND
23RD YEAR BLOCK GRANTS, ACCOUNT CODE NOS.
799229.452322.6.340 ($110,000) AND 799229.452222.6.940
(S190,000).
12 February 23, 1999
3; (A) CONTINUE ENGAGEMENT OF GOVERNMENT
SERVICES GROUP, INC., NABORS, GIBLUV &
NICKERSON, P.A., AND DAVID M. GRIFFITH S
ASSOCIATES, LTD. (-CONSULTING FIRMS-) - FOR
CONSULTING SERVICES - FOR STRUCTURE,
DEVELOPMENT, AND IMPLEMENTATION OF A NON
AD -VALOREM ASSESSMENT PROGRAM - FOR
FUNDING OF FIRE -RESCUE SERVICES - ALLOCATE
FUNDS THEREFOR, IN THE AMOUNT OF S39.875,
PLUS A CONTINGENCY FEE IN THE AMOUNT OF
S20,000, FOR A TOTAL COST NOT TO EXCEED
S59,875, FROM SPECIAL REVENUE ACCOUNT NO.
110093Z809O5.270 - DIRECT ADMINISTRATION TO
ITEMIZE IN OCTOBER BILLING .CAPITAL FIRE -
RESCUE EQUIPMENT PURCHASED WITH FIRE
ASSESSMENT FEE PROCEEDS.
(B) COMMENTS FROM COMMISSIONER REGALADO
REGARDING DOUBLE BILLING OF RESIDENTIAL
SOLID WASTE FEE.
34 APPROVE PURCHASE OF SIX (6) NEW HEAVY DUTY
RESCUE PUMPER TRUCKS FROM PIERCE
MANUFACTURING, INC, - FOR DEPARTMENT OF
FIRE -RESCUE - AT AMOUNT OF S1,678,770, WITH A
CONTINGENCY COST OF S105,000, FOR A TOTAL
COST NOT TO EXCEED S1,783,770 - ALLOCATE
FUNDS FROM CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313233, -FIRE-RESCUE NEW
APPARATUS ACQUISITION,- ACCOUNT CODE NO.
289401-840, AS FUNDED BY THE FIRE -RESCUE
ASSESSMENT.
35 AMEND SECTION 3 OF RESOLUTION NO. 99-339 ,
WHICH APPOINTED COMMISSIONER JOE SANCHEZ
TO SERVE AS THE CITY OF MIAMI'S (-CITY-)
REPRESENTATIVE AND VOTING MEMBER ON THE
MIAMI-DADE HIV -AIDS PARTNERSHIP
("PARTNERSHIP") - CHANGE SAID APPOINTMENT
TO THAT OF EX-OFFICIO, NON -VOTING
REPRESENTATIVE OF MIAMI CITY COMMISSION -
FURTHER, APPOINTING TWO CITY STAFF
MEMBERS, FROM THE HOUSING OPPORTUNITIES
FOR PERSONS_ . WITH AIDS-(-HOPWA") PROGRAM,
TO SERVE AS REPRESENTATIVES ON
PARTNERSHIP AS VOTING MEMBER AND
ALTERNATE MEMBER.
3.22 , 99
R 99.202
80-84
3/23/99
R 99-203
85
3/23/99
R 99-204
86-87
13 February 23, 1999
36 APPROVE PROCUREMENT AND INSTALLATION OF
MICROFILM DIGITAL WORKSTATION (MICRODAX
3000) AND ACCESSORIES FROM MINOLTA
BUSINESS SYSTEMS, INC.,— FOR DEPARTMENT OF
BUILDING & ZONING — AT AN AMOUNT NOT TO
EXCEED S25,000 — ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROGRAM, "BUILDING
AND ZONING MICROFILM READER/PRINTER
MACHINE," PROJECT NO.311605.
37 ESTABLISH AMNESTY PERIOD, ENDING
DECEMBER 31, 2000, TO ALLOW CONSTRUCTION,
REPAIRS AND ADDITIONS, BUILT WITHOUT
PROPER PERMITS, OR PERMITS WHICH EXPIRED
WITHOUT THE ISSUANCE OF CERTIFICATES OF
COMPLETION FROM OCTOBER 29, 1957 THROUGH
JULY,1997, TO BE BROUGHT INTO CONFORMANCE
WITH THE PROVISIONS OF THE SOUTH FLORIDA
BUILDING CODE IN EFFECT AT THE TIME THE
CONSTRUCTION, REPAIRS OR ADDITIONS WERE
MADE — FURTHER ADOPTING AND
INCORPORATING THE PROVISIONS SET FORTH IN
MIAMI-DADE COUNTY ORDINANCE NO. 97-107,
ADOPTED JULY 9, -1997 (WHICH ORDINANCE
AMENDED THE SOUTH FLORIDA BUILDING CODE).
38 (A) PERSONAL APPEARANCE: DIPAK PAREHK -
DISCUSSION CONCERNING REVIEW OF MONTHLY
FINANCIAL REPORT INCLUDING BOTH BUDGET
OUTLOOK AND FINANCIAL UPDATE.
(B) COMMENTS REGARDING FISCAL IMPACT TO
CITY OF PROPOSED AMENDMENT 3 — FURTHER
COMMENTS IN CONNECTION WITH LAYOFF OF
CITY RESIDENTS EMPLOYED BY FIRST UNION
BANK.
39
DISCUSSION CONCERNING FISCAL AND 3!23/99
MANAGERIAL IMPACT OF ANTICIPATED DISCUSSION
RETIREMENTS. 94-95
3.'23 /90
R 99.?0f;
3.--'3i99
R 99-_'06
88-90
3 23/99
DISCUSSION
91-93
40 PRESENTATION AND DISCUSSION CONCERNING 30-3199
SEVERAL CITY OF MIAMI BOARDS AND DISCUSSION
COMMITTEES AND ABOLISHMENT OF 95-96
AFFORDABLE HOUSING ADVISORY BOARD -
PERSONAL .APPEARANCE: GERALD SILVERMAN—
FURTHER COMMENTS REGARDING RESIGNATION
FROM MIAMI SPORTS AND EXHIBITION
AUTHORITY BOARD —SEE LABEL 100.
14 February 23, 1999
is
41
DISCUSS / DEFER APPOINTMENT TO. CODE
3.23�9Q
BOARD.
slob
DISCENFORCEMENT
96-97
6-9'
42
APPOINT / REAPPOINT MEMBERSTO CITY OF
3:!3'QQ
MIAMI AFFIRMATIVE ACTION ADVISORY BOARD.
_
!Nl 9Q-20
R 99-205
97-99
43
APPOINT TONY WAGNER TO CULTURAL FINE
3.'2-,!QQ
ARTS BOARD.
R 99-209
99-100
44
DISCUSS APPOINTING CERTAIN INDIVIDUALS AS
3- 23 `QQ
MEMBERS OF THE ML4, II SPORTS AND
DISCUSSIO\
EXHIBITION AUTHORITY ("MSEA") FOR TERMS AS
100-101
DESIGNATED HEREIN. — SEE LABEL 50.
45
(A) REAPPOINT RICHARD HEISENBOTTLE TO
3/23/99
HISTORIC AND ENVIRONMENTAL PRESERVATION
R 99-210
BOARD.
M 99-211
101-103
(B) DIRECT CITY CLERK TO READVERTISE.
46
REAPPOINT CERTAIN INDIVIDUALS AS MEMBERS
323/99
OF THE COMMISSION ON THE STATUS OF WOMEN
. M 99-212
l 03-104
— SEE LABEL 89.
47
APPOINT MANUEL CHAMIZO MEMBER TO MIAMI
3/23/99 .
STREET CODESIGNATION REVIEW COMMITTEE.
M 99-213
104-105
48 APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF 323/99
THE CITY OF MIAMI AFFORDABLE HOUSING DISCUSSION05
ADVISORY COMMITTEE.
49
50
51
52
53
APPOINT / REAPPOINT CERTAIN INDIVIDUALS TO 3123199
THE URBAN DEVELOPMENT REVIEW BOARD R 99-214
105-106
REAPPOINT AL HOUSTON AND JULIO G. REBULL 3!23/99
TO MIAMI SPORTS AND EXHIBITION AUTHORITY — R 99-215
SEE LABEL 44. 106-107
APPOINT CERTAIN INDIVIDUALS TO COMMUNITY 323/99
RELATIONS BOARD. — LABELS 91 AND 95. M 99-216
107-110
APPOINT MONICA FERNANDEZ TO MIAMI AUDIT 323/99
ADVISORY COMMITTEE. R 99-217 .
111
APPOINT CERTAIN INDIVIDUALS TO PLANNING 3/23/99
ADVISORY BOARD — SEE LABEL 90. M 99.219
I11-112
15 February 23,1999
54 APPOINT ILEANA FERNANDEZ TO ZONING BOARD 3 =3 99
— SEE LABEL 71. nl 9Q-219
I1:-III
55 APPROVE THIRD ANNUAL MIAMI RIVERDAY 3.'23 `QQ
20
FESTIVAL EVENT SCHEDULED FOR APRIL 3. 1999. R 911
11 y-16
FROM PAYING NON-LABOR/PERMIT FEES.
56 SUPPORT CONCLUSION OF UNITED STATES 3 2319Q
CONGRESS RECOGNIZING DALI LAMA AND R 99-221
116-11-
TIBETAN GOVERNMENT IN EXILE AS TRUE
REPRESENTATIVES OF TIBET.
57 APPROVE / RATIFY / SOLE SOURCE FINDING FOR 3:23/99
PURCHASE OF MOTOROLA DIGITAL PORTABLE R 99-222
RADIOS FROM MOTOROLA, INC. — ALLOCATE 117-118
S125,021.90 FROM CAPITAL IMPROVEMENT
PROJECT 31303, ACCOUNT 289401.840.
58 AUTHORIZE PROFESSIONAL SERVICE 3n_3/99
AGREEMENT WITH BILL YATES — TO DESIGN / R 99-223
EVALUATE / DEVELOP COMMUNITY POLICING 118-119
COMPONENTS FOR POLICE — ALLOCATE S34,942
FROM ACCOUNT 142021.290496.6.270- - SEE LABLE
11.
59 DEFER PROPOSED FIRST READING ORDINANCE 3,13/99
AMENDING CHAPTER 29 / ARTICLE IV / SECTION M 99 24
29-122 OF CODE: LANDFILLS AND WATERFRONT 119-123
IMPROVEMENTS.
60 AUTHORIZE OPERATION OF FLEA MARKET BY 3,23/99
C.C.A.L. CORPORATION AS TEMPORARY SPECIAL R 99-225
EVENTS, AT 1480 NORTHWEST NORTH RIVER
DRIVE, MIAMI, FLORIDA (MAHI SHRINE PROPERTY
— FURTHER PROHIBIT SALE OF FISH AT SAID
EVENT.
61 DISCUSS PENALTY CHARGES FOR FALSE BURGLAR 3/23/99
ALARM CALLS. DISCUSSION
124-125
62 DISCUSS NOISE AND EXHAUST FUMES AT 2351 3123199
DOUGLAS ROAD — DIRECT CITY MANAGER TO DISCUSSION
REVIEW CHANGING CODE IN CONNECTION 125-128
EMERGENCY GENERATOR / EXHAUST FUMES /
GIANT FANS REQUIREMENTS.
16
Febn=Ty 23, 1999
63 URGE LEGISLATURE OF THE STATE OF FLORIDA
. 3.'23199
TO ENACT SENATE BILL 1218, AUTHORIZING
R 99-226
128-136
MUNICIPALITY OF 300,000 OR MORE POPULATION -
- WHICH HAS BEEN DECLARED TO BE IN A STATE
OF FINANCIAL EMERGENCY — TO IMPOSE
SURCHARGE FOR PARKING OPEN TO THE PUBLIC
WITHIN THE MUNICIPALITY — DIRECT
ADNHNISTRATION TO INFORM PUBLIC OF
PROPOSED SURCHARGE — SEE LABEL 98.
64 DISCUSSION CONCERNING THE PROMOTION AND
3'23'99
MARKETING OF MIAM.
DISCUSSION
136-147
65 DISCUSSION CONCERNING CITY'S OFFICE SUPPLY
323/99
CONTRACT WITH APRICOT.
DISCUSSION
147-148
66 DISCUSSION CONCERNING CITY'S EFFORTS TO 3n_3/99
HELP MERCHANTS ON SOUTHWEST STH STREET DISCUSSION
DURING FLORIDA DEPARTMENT OF 149-151
TRANSPORTATION RECONSTRUCTION PROJECT.
67 DISCUSSION CONCERNING CITY'S EFFORTS TO
323/99
HELP MERCHANTS ON SOUTHWEST 8TM STREET
DISCUSSION
DURING FLORIDA DEPARTMENT OF
t s 1- t sa
TRANSPORTATION RECONSTRUCTION PROJECT.
68 CONTINUE TO MEETING OF APRIL 27, 1999
323/99
CONSIDERATION OF PZ6(b) [PROPOSED
M 99-2-17
ORDINANCE TO AMEND ORDINANCE 11000 TO ADD
154-155
SD-19 DESIGNATED FAR OVERLAY DISTRICT -
LOCATION: 3674, 3680, 3690 SW 26 TERRACE AND
3675 SW 27 STREET) AND PZ12 [PROPOSED
ORDINANCE TO ADD SD-12 . BUFFER OVERLAY'
DISTRICT — LOCATION: 3455, 3441, 3445 HIBISCUS
STREET) —SEE LABEL 72.
69 CONTINUE TO MEETING OF APRIL 27, 1999
323/99
CONSIDERATION OF ITEMS PZ7 (PROPOSED
M 99-228
ORDINANCE TO CHANGE LAND USE DESIGNATION
155-156
AT 3680 NW 11 STREET AND AT 1021 NW 37 AVENUE
TO RESTRICTED COMMERCIA) AND PZ8
(PROPOSED ORDINANCE TO CHANGE
DESIGNATION OF PROPERTIES AT 3680 NW 11
STREET AND AT 1021 NW- 37 AVENUE TO C-1
RESTRICTED COMMERCIAL).
17 February 23, 1999
70
WITHDRAW ITEMS PZ13 (PROPOSED ORDINANCE
1'2'`QQ
TO CHANGE LAND USE DESIGNATION FOR
n199-'2Q
15F_1;-
PROPERTY AT 1975 NW 12 AVENUE - PROPERTY
MAINTENANCE SITEO AND PZ14 (PROPOSED
ORDINANCE TO CHANGE ZONING DESIGNATION
FOR PROPERTY AT 1975 NW 12 AVENUE TO C-2
LIBERAL COMMERCIAL.
71
REAPPOINT ILEANA HERNANDEZ-ACOSTA AND
3 ''- 3 -QQ
OSVALDO MORAN — APPOINT RICK RUIZ TO ZONING
R 9Q-230
BOARD — SEE LABEL 54.
158-159
72
APPROVE REQUEST TO CONTINUE TO MEETING OF
3!23/99
APRIL 13, 1999 CONSIDERATION OF pz6(b)
DISCUSSION
[PROPOSED ORDINANCE TO ADD SD-19
159-160
DESIGNATED FAR OVERLAY DISTRICT FOR
PROPERTIES AT 3674, 3680, 3690 SW 26 TERRACE
AND 3675 SW 27 STREET] — SEE LABEL 68.
73
DENY APPEAL OF ZONING BOARD DECISION
3 23/99
WHICH DENIED AN APPEAL BY BRAD TUCKER OF
R 99-231
THE CLASS II SPECIAL PERMIT APPLICATION NO.
160-166
98-0193 APPROVED BY THE DIRECTOR OF THE
PLANNING DEPARTMENT ON DECEMBER 1, 1998 —
FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3220, 3240, 3260 FLORIDA
AVENUE, TO ALLOW NEW CONSTRUCTION OF
THREE (3) SINGLE-FAMILY RESIDENTIAL UNITS
PURSUANT TO ARTICLES 6 AND 9, SECTION 6023.1
OF ORDINANCE NO. 11000 — APPLICANT: FARMER'S
MARKET AT COCONUT GROVE.
74
APPROVE CONSIDERATION OF A RELEASE TO THE
3/23/99
ZONING COVENANT RUNNING WITH THE LAND
R 99-232
RECORDED FEBRUARY 27, 1992, NO. 92RO70219,
166-167
RECORDED IN THE OFFICIAL RECORDS BOOK FOR
THE PROPERTY LOCATED AT APPROXIMATELY
2828 N.W. 19TH AVENUE, WHICH WILL ALLOW THE
DEVELOPMENT OF A DUPLEX ON THE PROPERTY —
APPLICANT: LYNN AND SUSAN FUELLING.
is February 23, 1999
75 APPROVE SECOND READING ORDINANCE
AMENDING ORDINANCE NO. 105", AS AMENDED,
THE CITY OF NIIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, BY AMENDING THE
FUTURE LAND USE MAP, BY CHANGING THE LAND
USE DESIGNATION — FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3250 MARY STREET
FROM "MEDIUM DENSITY RESIDENTIAL" AND
"RESTRICTED COMMERCIAL" TO "OFFICE" —
APPLICANT: SPP REAL ESTATE INC.
76 APPROVE SECOND READING ORDINANCE
CHANGING ZONING ORDINANCE OF THE CITY OF
MIANII, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY AMENDING THE
ZONING ATLAS BY CHANGING THE ZONING
DESIGNATION — FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3250 MARY STREET — FROM R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL
WITH AN SD-3 COCONUT GROVE MAJOR STREETS
OVERLAY AND SD-2 ' COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT TO O OFFICE WITH AN
SD-3 COCONUT GROVE MAJOR STREETS OVERLAY
— APPLICANT: SPP REAL ESTATE INC.
77 APPROVE SECOND READING ORDINANCE
AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE CITY OF NIIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, BY AMENDING THE
FUTURE LAND USE MAP, BY CHANGING THE LAND
USE DESIGNATION FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3674, 3680, AND 3690
S.W. 26TH TERRACE AND 3675 S.W. 27TH STREET
FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED
COMMERCIAL" — APPLICANT: SOL C. MANDEL.
78 APPROVE SECOND READING ORDINANCE
CHANGING ZONING AS LISTED IN ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY
AMENDING THE ZONING ATLAS BY CHANGING
THE ZONING DESIGNATION FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3674, 3680, AND 3690
S.W. 26TH TERRACE AND 3675 S.W. 27T" STREET
FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL — APPLICANT: SOL C.
MANDEL.
3.'23199
ORDINANCE i
167-168
3, 23!99
ORDINANCE 11774
169-170
323/99
ORDINANCE 11775
170-172
3/23/99
ORDINANCE 11776
173-174
19 February 23, 1999
•
79 CONTINUE DISCUSSION ON CONTINUANCE OF PZ6B
(CHANGE OF ZONING AS LISTED IN ORDINANCE
NO. 11000. AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI. ARTICLE 4. SECTION 401.
SCHEDULE OF DISTRICT REGULATIONS. BY
AMENDING THE ZONING ATLAS BY CHANGING
THE ZONING DESIGNATION IN ORDER TO ADD SD-
19 DESIGNATED F.A.R. OVERLAY DISTRICT (F.A.R.
2.5) FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3674, 3680, AND 3690 S. Ay. 26TH
TERRACE AND 3675 S.W. 27t' Street.) TO MEETING OF
APRIL 27, 1999.
80 APPROVE SECOND READING ORDINANCE
AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE CITY OF NIIANII COMPREHENSIVE
NEIGHBORHOOD PLAN, BY AMENDING THE
FUTURE LAND USE MAP, BY CHANGING THE LAND
USE DESIGNATION - FOR THE PROPERTY
LOCATED AT APPROXIMATELY 41 TAMIAMI
CANAL ROAD FROM "SINGLE FAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL". -
APPLICANT: BASILIO RODRIGUEZ & ADOLFO
RODRIGUEZ ROIG.
81 APPROVE SECOND READING ORDINANCE
CHANGING ZONING AS LISTED IN ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS -BY
AMENDING THE ZONING ATLAS - BY CHANGING
THE ZONING DESIGNATION FOR THE PROPERTY
LOCATED AT APPROXIMATELY 41 TAMIAMI
CANAL ROAD FROM R-1 SINGLE FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. -
APPLICANT: BASILIO RODRIGUEZ AND ADOLFO
RODRIGUEZ-ROIG. .
3..2: '99
DISCUSSION
174
3 TY99
ORDINANCE 11.777
175-176
3/33/99
ORDINANCE 11778
176-177
20
February 23, 1999
82 APPROVE FIRST READING ORDINANCE FOR
3.'2,'99
CHANGE OF ZONING AS LISTED IN ORDINANCE NO.
ORDINANCE
11000, AS AMENDED, THE ZONING ORDINANCE OF
I I ' a
THE CITY OF MIAMI, ARTICLE 4, SECTION 401.
SCHEDULE OF DISTRICT REGULATIONS, BY
AMENDING THE ZONING ATLAS BY CHANGING
THE ZONING DESIGNATION FOR THE PROPERTY
LOCATED AT APPROXIMATELY 6201 BISCAYNE
BOULEVARD; 620 NE 63RD STREET .AND 629 NE 62ND
STREET — IN ORDER TO ADD SD-12 BUFFER
OVERLAY DISTRICT. - APPLICANT: YEONG YUH
SHEN AND YU CHING SHEN.
83 APPROVE SECOND READING ORDINANCE
323/99
AMENDING ORDINANCE 10544, AS AMENDED, THE
ORDINANCE 11779
CITY OF MIAMI COMPREHENSIVE
180-181
NEIGHBORHOOD PLAN 1989-2000 IN ORDER TO
AMEND THE TEXT OF THE GOALS, OBJECTIVES
AND POLICIES OF THOSE ELEMENTS PERTAU 1NG
TO: FUTURE LAND USE; HOUSING, SANITARY AND
STORM SEWERS, NATURAL GROUNDWATER
AQUIFER RECHARGE; POTABLE WATER; SOLID
WASTE COLLECTION; AND PARKS, RECREATION
AND OPEN SPACE; SAID AMENDMENTS MAKING
SUBSTANTIVE ADDITIONS AND DELETIONS,
TECHNICAL CHANGES, AND UPDATING OF TIME
FRAMES, ALL IN ACCORDANCE WITH THE
RECOMMENDATIONS OF "THE 1995 EVALUATION
.AND APPRAISAL REPORT ON THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000" (EAR) ADOPTED NOVEMBER 16, 1995 BY
RESOLUTION NO. 95-830 AND THE REPORT ON
"SUFFICIENCY ISSUES WITH RESPONSES BY THE
CITY OF MIAMI, INCLUDING REVISIONS IN
RESPONSE TO FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) LETTER OF
SEPTEMBER 13, 1996" ADOPTED OCTOBER 24, 1996
BY RESOLUTION NO. 96-796.. — APPLICANT:
PLANNING DEPARTMENT.
84 BRIEF - COMMENTS BY DENA BIANCHINO ON
3!23/99
STATUS OF POSSIBLE SALE OF CITY PROPERTY TO
DISCUSSION
MIAMI-DADE COUNTY.
192
21 February 23, 1999
85 APPROVE SECOND READING ORDINANCE
AMENDING ORDINANCE 10-9-i4, AS AMENDED. THE
CITY OF MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (1989-2000) BY AMENDING
THE "INTERPRETATION OF THE FUTURE LAND USE
MAP" SECTION OF THE GOALS, OBJECTIVES AND
POLICIES, IN ORDER TO ADD TWO NEW LAND USE
CLASSIFICATIONS ENTITLED "RESTRICTED PARKS
AND RECREATION" AND "MARINE FACILITIES" —
APPLICANT: PLANNING DEPARTMENT. — SEE
LABEL 88.
86 APPROVE FIRST READING ORDINANCE AMENDING
ARTICLE 6, SECTION 608.10 OF ORDINANCE 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI IN ORDER TO ELIMINATE
PARX3NG REQUIREMENTS FOR RESIDENTIAL
PROJECTS WITHIN THE SD-8 DISTRICT WHICH ARE
ADAPTIVE RE -USES OF EXISTING STRUCTURES
AND SUBJECT TO A CLASS H SPECIAL PERMIT —
APPLICANT: PLANNING DEPARTMENT.
87 APPROVE SECOND READING ORDINANCE
AMENDING THE TEXT OF ORDINANCE NO. 10544, AS
AMENDED, THE CITY OF MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY AMENDING THE
"INTERPRETATION OF FUTURE LAND USE MAP" IN
ORDER TO ADD RESIDENTIAL USES,
CONDITIONALLY, TO THE "GENERAL
COMMERCIAL". LAND USE DESIGNATION. —
APPLICANT: PLANNING DEPARTMENT.
88 (A) RECONSIDER VOTE ON ORDINANCE 11780.
(13) AMEND / APPROVE PZ16 (ORDINANCE
AMENDING COMPREHENSIVE NEIGHBORHOOD
PLAN BY ADDING TWO NEW LAND USE
CLASSIFICATIONS: RESTRICTED PARKS AND
RECREATION AND MARINE FACILITIES — SEE
LABEL 85.
ORDINANCE 11780
192-18?
3: _3!99
ORDINANCE
184-185
323/99
ORDINANCE 11781
185-186
3/23/99
M 99-233
ORDINANCE 11782
186-189
89 RECONSIDER PRIOR VOTE ON AGENDA ITEM 46 3/23/99
APPOINTING NORA SWAN TO COMMISSION ON M 99-234
STATUS OF WOMEN — APPOINT MARLENE R 99-234.1
BASTILLA. — SEE LABEL 46. 189-190
90 CONTINUE DISCUSSION ON APPOINTMENT AND 3/23/99
REAPPOINTMENT OF MEMBERS TO PLANNING R 99-235
ADVISORY BOARD — SEE LABEL 53. 190-191
22 - February 23, 1999
91 APPOINTMENTS TO COMMUNITY RELATIONS 3.Z3 '99
BOARD — SEE LABELS 51 AND 95. hl 99 236
191-19;
92 DISCUSS STATUS OF ' BUELDING AT 224 NU' 12 3.23199
STREET —DIRECT CITY MANAGER TO HAVE STAFF DISCUSSION
ADVISE COMMISSIONER TEELE ON OVERLAYS IN 194
EFFECT IN LITTLE 13LAM AND OVERTOWN.
93 APPOINT MARCELINO FEAL TO HEALTH 3.'23199
FACILITIES BOARD. R 99-237
194-195
94 APPOINT LISSETTE RODRIGUEZ TO CITYWIDE 3/23/99
COMMUNITY DEVELOPMENT ADVISORY BOARD. R 99-238
195-1 %
95 APPOINT INDIVIDUALS TO COMMUNITY 3n_3/99,
RELATIONS BOARD — APPOINT ADORA OBI-NWESE R 99-239
AT -LARGE — SEE LABELS 51 AND 91. 196-197
96 (A) RESCHEDULE COMMISSION MEETINGS IN 3123/99
APRIL TO BE HELD ON APRIL 27,1999. R 99-240
(B) BRIEF DISCUSSION RELATED TO SOLID WASTE 198-202
WORKSHOP SCHEDULED FOR MARCH 30,1999.
(C) COMMENTS ON NEED TO DRAFT REQUEST FOR
PROPOSAL FOR DINNER KEY.
97 BRIEF DISCUSSION REGARDING BID PROPOSALS 323/99
FOR MANUEL ARTIME CENTER — DIRECT CITY DISCUSSION
MANAGER TO INFORM COMNIISSION PRIOR TO 202-203
TAKING FURTHER ACTION.
98 CONTINUE DISCUSSION ON PROPOSED PARKING 3/23/99
SURCHARGE — DIRECT CITY MANAGER TO DISCUSSION
DISTRIBUTE MEMORANDUM FROM CLARK COOK 203
ON NATIONAL FIGURES PERTAINING TO LEVYING
OF PARKING SURCHARGES. - SEE LABEL 63.
99 DIRECT CITY ATTORNEY TO TAKE ACTION TO 3/23/99
PROTECT CITY / OBTAIN RELIEF TO REMEDY LOSS R 99-241
TO CITY RESULTING FROM PAINTING OF ORANGE 204-205
BOWL AS PART OF ORANGE BOWL
MODERNIZATION -PHASE II PROJECT B-3231E.
10o INSTRUCT CITY ATTORNEY TO MEET WITH EACH 3/23/99
COMMISSIONER TO DISCUSS LAW DEPARTMENT DISCUSSION
OPERATIONAL PLAN. .205
23 February 23, 1999
r
s
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23`d day of March. 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 9:31. a.m. by Presiding Officer/Commissioner J.L.
Plummer, Jr. (hereinafter referred to as Chairman Plummer), with the following members of the
Commission foundto be present:
Vice Chairman Wifredo Gott (District 1)
Chairman J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado ( District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw. City Manager
Alejandro Vilarello. City Attorney
Walter J. Foeman..City Clerk
Maria J. Argudin. Assistant City Clerk -
[Comments made prior to the invocation]
Chairman Plummer: I need one more Commissioner. is there one more Commissioner? Mr.
Police Chief. would you go out to see if you could arrest another Commissioner? 1 have a third
Commissioner. Where is the new boy on the block. Mr. Sanchez? Bishop Teele. nice to have
you. Three -A. 18 and 19 -- 18 and 19. 21. and I'm on Item 25. You inserted —Gwen. on Item
25. why have you limited me to twenty-five thousand? You gave me twenty-five thousand on
Item 30.
Ms. Gwendolyn Warren (Director/Community Development): We already did the bid for the
original. We're only going to do one presentation.
Commissioner Teele: We have two. We have the Liberty City...
Chairman Plummer: Is anybody here from St. Alban Day Care? Joe, are you, ready?
Commissioner Sanchez: Yes. sir.
Chairman Plummer: Let's go. Would everybody please stand. I'll ask Commissioner Teele to
give the blessing and Commissioner Sanchez to give the pledge of allegiance,
March 23, 1999
[An invocation was delivered by Mayor Carollo, who then, led those present in a pledge of
allegiance to the flag.]
Commissioner Teele: We're here today to have a Commission meeting but. of course. as we
always meet, we're meeting on the shadows of tremendous stress and violence in our communit.\
and, so, I would ask each, in your own way, if you would just say a silent prayer for our
community, our police officers and, quite frankly, for the victims of crime that continue to plague
our community.
1. (A) COMMENDATION TO POLICE OFFICER MANNY GOMEZ, 18 YEAR VETERAN,
CURRENTLY ON CALLE OCHO HORSE BEAT.
(B) COMMENDATION TO SAMUEL JOHNSON OF LIBERTY CITY OPTIMIST
CLUB FORJUNIOR PEE -WEE FOOTBALL TEAM AND CHEERLEADERS FOR
WINING THE 1998 POP WARNER NATIONALSUPER BOWL CHAMPIONS.
Chairman Plummer: Mr. Sanchez, you have the floor for a presentation.
Commissioner Sanchez: Thank you, Mr. Chairman. If I could have Officer Manny Gomez come
up to the dais.
Chairman Plummer: All right. Get on.in there, Sanchez.
Commissioner Sanchez: Mr. Chairman, it is with great pleasure that I have the opportunity to...
Chairman Plummer: Wait a minute, let's get the chief. Get your sergeant, get the chief, get the
high-priced help.
Commissioner Sanchez: Can we have Pablo Canton come up here? He's part of this team.
Chairman Plummer: No, we don't want him up here.
Commissioner Sanchez: Yes, we do. We want him up here. Come on up here, Pablo.
Chairman Plummer: 1 protest.
Commissioner Sanchez: Mr. Chairman, it is great pleasure that I present this proclamation to an
officer that is well-known throughout the community for his outstanding work. especially almost
a legend in Calle Ocho. Officer Mannv Gomez and his horse, named after Calle Ocho, which is a
great sight to see them going down 8`h street with the horse. But it is with great honor that we.
the Commission, and the Mayor of the City Miami, present this proclamation to,Officer Manny
Gomez and the proclamation reads as follows: "Whereas, the City of Miami has one of the finest
police departments in the nation: and whereas, the Little Havana area is privileged to have one of
the finest police officers assigned to Calle Ocho: and whereas, this mounted officer has gained
the love, respect, admiration of the, businesses, owners, and residents of the area: and whereas, all
of the above -attribute are product of the hard work and dedication to improve the quality of life
for those working and living in the Little Havana area: and whereas. local authority, on behalf of
the community, are pleased to salute Officer Manny Gomez for his great work and, of course, for
his 18 vears of service to the City of Miami. Now, therefore, the Mavor of the City of Miami and
the Commissioners hereby proclaim Officer Manny Gomez with this commendation for his great
work and dedication to the City of Miami. Congratulations." (Applause)
Vice Chairman Gort: I'd like to add something. This will tell you how the —our police are
changing. One of the things that you all have heard about the Domino Tournament that we had
put together, where we bring our grass root groups together with the different cultures, the
Hispanic. African Americans, the Chinese. And Manny Gomez, through working in Coconut
Grove, Little Havana, is the one that started that idea, to get our people,tRgether by playing
2 March 23, 1999
Dominos so, now we've have domino tournaments all over the county. So. Mann. I extend m,.
congratulations to that too. (applause)
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I'm not sure hove this slipped through but I'd like to bring forward the
Liberty City Optimist, Mr. Sam — (applause) — and, Mr. Chairman. as you kno%%. this
community really respects what these Optimists are doing all over the communit% because it's
the Optimists that provide a valuable service of providing —I don't want to say free labor but
certainly the resources that the men and women of the Optimists, their parents, provide is
something that we cannot pay. And it's a real honor to have the Super Bowl champions of
Florida, the Liberty City Optimist. And, if I may, read this proclamation. Whereas. the Liberrm
City Optimist Club, Junior Pee Wee Football Team...
Chairman Plummer: Commissioner, just one moment. Ladies and gentlemen, this session —this
Commission is in session. As such, I would ask the courtesy for the speaker to be heard. Thank
vou.
Commissioner Teele: Thank you, Mr. Chairman. The Liberty City Optimist are the 1998 Pop
Warner's Super Bowl Champions with a remarkable 1410 and 2 record and, "Whereas, under the
leadership of Mr. Samuel K. Johnson and with the support of dedicated volunteers and the entire
community, the Liberty City Optimist Club, Junior Pee Wee Football Team, as cheerleader squad
worked long and hard hours in `98 to earn this title; and whereas, the Liberty City Optimist Club
has been in operation only since 1990 and has been successful. in basketball and baseball, with
former participants obtaining scholarships for colleges: and whereas, local authorities, on behalf
of the community, are pleased to salute the Liberty City Optimist, Junior Pee Wee Football Club.
the squad leaders —the cheerleader squad for its many accomplishments. Now, therefore. 1. Joe
Carollo. Mayor, along with the Commission, do hereby commend the Liberty City Optimist
Club. Junior Pee Wee Football Team and Cheerleader Squad —and that was done actually in
February and we just got around to doing it. But I would also like to note that the Chairman of
the board of the Liberty City Optimist is a police maior, who works very hard and it shows what
we can do in the community. I, particularly, am proud that these young men are here because so
much of this community, as the community that hear about and read about on television —and.
chief. thank you for your presence in the community. But we have real problems in our
community and we're not going to do strictly in law enforcement with jails. We've got to
provide alternatives. And these young men and this coach and the family deserve a lot of
commendation. Thank you all very much. (applause)
Chairman Plummer: Is there anybody here from St. Albans? No one's here vet from St.
Albans. OK. We'll hold that presentation. All right. All right. The first order of business.
there is no vetoed legislation since the last Commission meeting. That takes care of that. I need
a motion for the approval of the Commission meetings of March .10. April 14. June the 9"', June
the 15"', July the 7"'. and August 13''', all of 1998. is there a motion?
Commissioner Sanchez: Moved.
Chairman Plummer: Moved by Sanchez...
Mr. Alejandro Vilarello (City Attorney): 1 believe the agenda is scheduled to commence at 10
a.m.
Chairman Plummer: You're right.
March 23, 1999
Mr. Vilarello: On Items A -I and B.
Chairman Plummer: Well —OK. You know what's deceiving? On the front page it says. this
meeting shall convene at 9:30.
Mr. Vilarello: We know, as a matter of course. it's for the presentationiproc lamat ions.
Chairman Plummer: I understand that but it doesn't say that, so we'll just hold up until ten
o'clock.
2.. DISCUSSION OF CONSTRUCTION WORK ON 12 AVENUE BRIDGE OVER
MIAMI RIVER DISRUPTION OF BUSINESSES —REQUEST FDOT TO ADRESS
COMMISSION —REQUEST TRAFIC STUDY AND DIRECTIONAL SIGNS FOR
DETOURS
Chairman Plummer: The opportunity, at this time, if any Commissioner wants to discuss a
matter with the Manager, the Administration, or something that doesn't take any action. Mr.
Teele.
Commissioner Teele: Mr. Chairman. Chief, I apolo—Mr. Manager, I apologize for not getting a
written memo to you. I've just learned, the —is there a Public Works —the Florida DOT
(Department of Transportation), working through the MPO (Metropolitan Planning
Organization) process, has prepared apparently a preliminary plan on the 12'" Avenue Bridge
over the Miami River.
Mr. Jim Kay (Director/Public Works): Yes. sir.
Commissioner Teele: Has that plan been submitted to the City of Miami Public Works
Department? Have you all had an opportunity to review it.
Mr. Kay: There have been some very a preliminary plans presented to us, not something that we
are ready willing to comment on as yet. We would like to have a more updated plan, if they have
it, so that we can review and comment.
[AT THIS TIME, COMMISSIONER REGALADO ENTERED THE COMMISSION
CHAMBERS AT APPROXIMATELY 9:44 A.M.]
Commissioner Teele: 'Mr. Manager, 1 would respectfully request that the Florida DOT and the
MPO process give a formal briefing to our Public Works Department and sub —in the next
Commission meeting for the Florida DOT to come and give us a briefing. Let me tell you what
my concern is. That's going to be a tight —to get where the coast guard and everybody is trying
to get now with bridges at certain heights, you're going to have some tight space. We're just
putting in a Winn Dixie in that area and. apparently, the construction schedule and the Winn
Dixie schedules were not properiv coordinated, apparently, and A would appreciate if you all
would make sure that we get the Winn Dixie people and the businesses on both sides of the
Miami River. I don't represent the south side but I know —it's the same issue. Who has the
south side of the Miami River?, Is that you? Commissioner Gort, I'm sure you agree and we
would like to make sure that the businesses in the immediate area that are going to be affected —
that kind of construction could literally shut down business. There's a hotel near by and there is
an association headed up by Ernie Martin there. But, apparently, the entire I I'h Street, which is
the main drag for the City of Miami Police Department to go from east to west is going to be shut
down for over a year and a half or two years under this proposal. I don't know. But I'm really
concerned about how this is going to affect businesses. When the DOT getes in and does the
4 March 23, 1999
plan, they do it from an engineering and a cost perspective, and I respect that, but our role is to
make sure that the residents and businesses are also considered. So. 1-would hope that we could
have some type of little public hearing or public meeting on this matter but 1 would hope that the
Public Works Department...
Mr. Donald Warshaw (City Manager): We'll have something in the next meeting.
Commissioner Teele: And I'd like to yield to Commissioner Gort because we do share that area.
Vice Chairman Gort: Let me tell vou, we had a problem. Recently, the :nd Avenue bridge was
up for about two weeks or something like that. The loss of revenues, most of the business whhin
8"'. Street was about 30 — 25 to 30 percent, and the biggest problem was, how to do the rerouies
and detour signs. There has to be a comprehensive traffic study along with that. 1 agree with
Commissioner Teele. The engineers look at the engineer part of it, the cost of it, but thev don't
look at the —how the —and that 12`h Avenue Bridge is used quite a bit by people going to court.
coming from court, getting in and out of court.
Chairman Plummer: And to the hospitals.
Mr. Donald Warshaw (City Manager): To hospitals.
Vice Chairman Gort: And to the hospitals. So that whole area, somehow, they need to put a real
good traffic study and some real good signage to make sure that people get to the right places.
That's something that should be part of it.
Mr. Kay: I believe that...
Chairman Plummer: I think to emphasize what you're saving is look at the amount of people that
have gone out of business on Southwest So' Street due to the thing.
3. COMMENTS FROM COMMISSIONER SANCHEZ COMMENDING MIAMI
POLICE AND ADMINISTRATION FOR JOB WELL DONE FOR WALK-THRU OF
EAST LITTLE HAVANA
Chairman Plummer: Commissioner Sanchez, you have anything you'd like to throw rocks at the
Manager about? No action can be taken, understand. Just conversation.
Commissioner Sanchez: No action on this issue. Just that many times things g'o•unnoticed and 1
am one that always like to commend or say good things about people that are doing an excellent
job for the City, and I just want to take a couple of seconds to talk about a little thing that we did
in the —my district with the East Little Havana NET (Neighborhood Enhancement Team). Raul
Martinez. apparently, the City administration has put together what they call a drive -through of
the area, and let me tell you something. 1 was—] participated in that drive -through and I was so
impressed with how we handled that situation because what did is. we had a bus and we put each
representation from all the departments and we drove around the area and we basically identified
what was not right and what we could do to address the issues. And let me tell you, there were
so many things that we wrote down on a piece of paper, and 1 looked at them. 1 did not get a
coPy but 1 looked at them and let me tell you, out of the about the 30 some -things that were
written on that piece of paper, I followed through and they did an excellent job. So, I feel that
it's appropriate for me to thank Raul Martinez and the Administration and the City Manager and
the Chief of Police for doing such a great -job with that program. So, thank you very much on
behalf of myself and the citizens of Miami.
Mr. Donald Warshaw (City Manager): Thank you.
March 23, 1999
4. COMMENTS REGARDING KICK OFF- OF LOT CLEARING / UNSAFE
STRUCTURES / ABANDONED AUTOS / BLIGHTED AREAS CLEAN-UP PROJECT.
Chairman Plummer: Let me also, if I may, just for my colleagues' information. On the 1 of
April. during the lunch time, we're going to have the kick-off and a press conference announcing
the lot clearing program. That will affect every blighted area in this City. We will be addressing
the lot clearing, unsafe structures. abandoned automobiles —and I can never remember the fourth
thing, but that will be a press conference. We have the money; we now have the vendors. and we
have 27 people who will be hired to be inspectors to go out. Oh, blighted areas is the other one.
So, that's just for your information. Mr. Gort. .
5. COMMENTS FROM VICE -CHAR MAN GORT REGARDING NEED FOR MORE
INFORMATION ON AGENDA ITEMS 9A (PROPOSED FIRST READING
ORDINANCE AMENDING CHAPTER 29, ARTICLE IV, SECTION 29-122 OF CODE:
"LANDFILLS AND WATERFRONT EVIPROVEMENTS"); AG19 (INCREASE MARTIN
LAMAR'S UNIFORMS CONTRACT); AG21 (AUTHORIZE PROFESSIONAL SERVICE
AGREEMENT WITH MIL.IAN, SWAIN, AND ASSOCIATES, INC. - FOR RIVERSIDE
RIVERFRONT REDEVELOPMENT PROJECT).
Vice Chairman Gort: I'm going to need some answer on 9A. Also have some question on Item
19. On Item 2 1. 1 got together with staff and they answered some of the —I didn't have any —the
only questions that I have, this is something that it was approved and passed in a resolution by us
in 1980 -- `97.
Chairman Plummer: Which item?
Vice Chairman Gort: Item 21. If you look at the background, this was a resolution that was
passed in 1997. It's going to be implemented now in March of 1999. This is something we need
to work on these things.
Mr. Donald Warshaw (City Manager): Which item?
Chairman Plummer: Twenty-one.
Vice Chairman Gort: Twenty-one.
Chairman Plummer: Which is. I was thinking about pulling.
Vice Chairman Gort: 1 don't have any problem. 1 think it's a good item and all that.
Chairman Plummer: We'll talk about it. We'll talk about it. We'll talk about it.
6 March 23, 1999
6. DIRECT ADMINISTRATION TO ASCERTAIN WAY FIRST UNION BANES
RETAIL LOCKBOX OPERATION IN MIAMI IS BEING TRANSFERRED TO
ORLANDO — SEE LABEL 38 — FURTHER COMMENTS ON LN"TER.EST CITY
DERIVES FROM WEEKEND INVESTMENTS OF CITY. ACCOUNTS MADE BY FIRST
UNION BANK.
Chairman Plummer: Mr. Regalado, you have any area you'd like, without taking action. which
we cap.'t do until 10:00. to argue with the Manager about?
Commissioner Regalado: Sure. Just a question for the Manager. We have the Cite account in
the First Union Bank? We do?
Mr. Donald Warshaw (City Manager): Yes, sir.
Commissioner Regalado: OK. There is a department on the First Union Bank that handles the
bills, the garbage bills of residential and they sort of process that. They get the checks.
Vice Chairman Gort: (inaudible)
Commissioner Regalado: Thank you.
Chairman Plummer: Is anybody here from Finance?
Commissioner Regalado: The reason I'm asking is because, as you know, many banks are
consolidating their programs and facilities and my information is that that department that
handles the bills from the City of Miami. so the City sends them the bill and the checks. They
take care of deposit and processing the checks of the residential garbage. That department has
been abolished and is being transferred to Orlando. Now. First Union can do whatever they want
because it's a private enterprise. But since it's the policy of this Commission that we always
look for local vendors. I would like. Mr. Manager. to find out .why are they taking the accounts to
Orlando to be processed? Not that they have —they laid off —they will lay several people.
That's my information.
Mr.. Warshaw: I'll get an answer for vou. Commissioner
Commissioner Regalado: Thank you.
Chairman Plummer: Let me ask a question. Does the City derive any interest off the monev that
they have in there? For example. 1 am sure we have millions of dollars in that account. Thev're
now paying five percent interest on any account over fifty thousand dollars ($50.000). First
Union. and no service charges. Now, what I'm asking is-1 forget the terminology.
Somebody —Willie, what do vou call it when a bank owes monev over the weekend? What's
that -terminology?
Commissioner Regalado:_ Being greedy.
Chairman Plummer: There's a term for it. In other words, if they're holding twenty million
dollars (S20.000.000) of City money over the weekend, are we drawing interest over that?
Mr. Warshaw: Yes.
Chairman Plummer: I'd like to see how much we draw each vear. Because it should be an
offsetting factor in their fees. Mr. Regalado, do you have anything else?
Commissioner Regalado: Yeah, we got...
7
March 23, 1999
Chairman Plummer: OK. I'm sure you did. I just wanted to be polite and ask.
7. DIRECT CITY MANAGER TO PROVIDE STATUS REPORT Or PROPOSED'
PROGRAMMING FOR CABLE NET 9.
Commissioner Regalado: Mr. Manager, about a month ago 1 brought an issue regarding NET 9
(Neighborhood Enhancement Team), the programming, and I then—vou said that you were going
to ask the memo that 1 gave the members of the Commission, the Mayor, and yourself, regarding
my proposal to increase the programming but I have not received any information from your
office.
Mr. Donald Warshaw (City Manager): Commissioner, and I know you had written to me that
you were going to bring this up at today's Commission meeting and when Jorge Luis Hernandez
is here and the directors are asked to be here at 10, he will make a presentation as to what we
have done regarding NET 9, what our plans are and some of the things that you and I have
discussed.
Commissioner Regalado: But it's not about what we have. done. It's what we can do. And the
reason I'm saying this is because I know that the equipment is in really bad shape. I know that
thestudios need renovation but I cannot understand, Mr. Manager, if we record the talk shows in
FIU (Florida International University), which, by the way, was something that this Commission
approved, I was able to bring FIU into. FIU used to use our studios until they got a new
state-of-the-art studio, TBS (Turner Broadcasting Station) studio. So, as a courtesy, they would
let us record the programs in FIU. And I thought that it was very simple. They just need to make
a schedule and arrangement; then you go to FIU; you film your program; you bring a little thing
that is called cassette, put it in the cassette player, push the play button, goes on the air. Doesn't
have to do anything with equipment. So,1 don't understand why we have not been able to record
some of the programs that were suggested by the Commission.
Chairman Plummer: 1 thought it was absolutely that they were to do it.
Commissioner Regalado: They haven't done it.
Chairman Plummer: Well...
Mr. Donald Warshaw (City Manager): Commissioner. I'll incorporate that 'as part of the
presentation.
Chairman Plummet: OK. Anything else?
8. COMMENTS REGARDING REPORT OF OVERTOWN SECTION 8 LOAN PROPERTIES
WHICH ARE IN NON-COMPLIANCE WITH CODE REQUIREMENTS. -
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: -1 requested in December, again in January, some report on the Section 8
Mod Hab homes in the Overtown area. We're still waiting for that information, in terms of a
detailed report and, specifically, whether or not all of the building and zoning requirements are
8 March 23, 1999
being met. I am very interested. Mr. Attorney, in passing an ordinance that would preclude an..\
new Section 8 homes or housing units being designated Section 8 that don't fuliv meet with all of
our standards. In other words. there's been this sense in the past that we're doing good by people
and we just got to get them some housing and. you know. a lot of hand ringing but. at the same
time. what we're doing is assigning people to less than adequate housing. In fact. in man% cases.
housing that does not even meet our City standards. such as parking space. We've got all kind of
housing in Overtown where there's not one parking and. vet, we're subsidizing that we're
basically paving for that. We've got housing in Section 8 that doesn't have a playground for
children to play in and, you know, this thing continues to go on. I've ask for —repeatedly for a
list of the —and a report here in the Commission of the housing that are delinquent, that are out
of compliance with Section 8. because I want you to know, my intent is we need to go ahead and
stop playing games with this Section 8. It turned into a political patronage process. and I kno%\
that's strong language and I don't mean to misrepresent the fact. But I can name virtualiv ever\
campaign manager for every Mayor, for the last three Mayors, maybe not Clark but certainly
Ferre, with all due respect to Maurice and Suarez and Carollo, all of whom have gotten Section 8
units. This thing —and it's all in Overtown, see. And so, this thing begins to look more and
more like a political fiefdom? We need to clean it up. I've been saying that. I'm going to keep
saving it. And we don't need to do any more Section 8. And, Commissioners, Mr. Chairman.
you especially, in the last 15, 20 years, when all this talk about the CRA (Community
Redevelopment Agency) didn't have money and the City didn't have monev to redevelop
Overtown, what has happened, is going through the back door through mod rehab, we spent
probably close to thirty million dollars ($30.000.000). Is that a fair number? Thirty million
dollars ($30,000,000). And there's not virtually one apartment that any of you would want your
daughter or your son to live in today, in terms. not of the location, but in terms of the quality of
what the people are getting. And, so, what I'm really hoping that we can do is we can draw a
bright circle around this thing and begin to clean it up. And, Ms. Warren, Madam Manager, if
you all have a different view or you want to put something different on the record. I mean, I'll
respect your view but this is my view'ri:presenting this community.
Chairman Plummer: Briefly.
Ms. Gwendolyn Warren (Director. Community Development): Actually, 1 agree with you. The
Section 8 housing program is current]), under review by not only the administration but also
HUD (Department of Housing and Urban Development). The conditions of the housing, again, it
leaves a lot to be desired and, again, we will be bringing back a report to the Commission within
30 days in response to both an audit and concerns that you've raised. The housing that you asked
us to do. the Code Inspection Review, we did do that report. We sent it under separate cover but.
if you want to do it as a public item, we can do that. But the report was completed and we did
provide that information.
Chairman Plummer: Thank you.
Ms. Warren: And if you need another copy, we can do that.
9 March 23, 1999
9. (A). COMMENTS REGARDING UPPER EAST SIDE CONTRIBUTION TO
GROUNDBREAKING OF LEGION PARK.
(B). CONSIDER REESTABLISHING PARKS ADVISORY BOARD.
(C). DIRECT ADMINISTRATIONTO REVIEW PARKING SPACES AT AMERICAN
AIRLINES (MIAMI) ARENA FOR 70,00 SQUARE FEET OF RETAIL.
(D). BEGIN COORDINATING MIILLENIIUM NEW YEAR'S EVE CELEBRATION.
(E). DIRECT ADMINISTRATION TO ENSURE CITY OBTAINS PROPORTIONATE
SHARE OF TAXES FROM RETAIL SPACE AT AMERICAN AIRLINES ARENA —
FURTHER ASCERTAIN WHETHER PROPERTY BEHIND SAID ARENA IS ZONED
PARK.
Chairman Plummer: Now the Chairman has the floor to make my notes. First of all,1 would like
to commend the people of the Upper-Eastside. They had their festival on Sunday. It was good.
We were there. The Police Chief was there. The Manager was there. They had community
support for a first time. Didn't have a mob but they had good support of the community and I'm
sure that the ground breaking of the Legion Park was a significant thing for them of that area and
todav you will be voting on. So, I salute the people of the Upper-Eastside. I also, Mr. Manager.
have had the opportunity to talk with the park director. The City of Miami used to have a Parks
Advisory Board. And Ava Parks and Mr. Greg Bush have talked with Mr. Ruder about
reestablishing it and it could be a good thing, so if you would follow through on that. 1 will be
asking the City Attorney Mr. City Attorney, we all read that at the FEC (Florida East Coast)
property, where the arena is being built, they're going to be opening seventy thousand feet of
retail. My concern is not the retail. My concern is parking. These people only have a total of
twelve hundred parking spaces on site for the arena and none for retail. I would like for you to
come back and inform this Commission as to whether or not they are meeting the requirements
for the parking of seventy thousand square feet of retail. Mr. Manager, it's very, very early but
not too early. I think this City should be thinking about the millennium New Year's Eve of the
year 2000. I did the Centennial for one hundred years. You can pick on one of the other
Commissioners to head up and chair the Millennium. But I think it's something that is
significant for this community. The New Year's Eve parade is always spotlighted and 1 think
that we need to start thinking about what we would like to do for the millennium and get it
together. The other thing I have is for the police chief, so don't leave. I'll talk. to you before.
All right. It is now ten o'clock. Mr. Chairman —Mr. Teele.
Commissioner Teele: Before vou...
Chairman Plummer: Mr. Teele T.
Commissioner Teele: ...leave that point, the point regarding the seventy thousand square feet.
Chairman Plummer: Yes, sir.
Commissioner Teele: I deeply respect that you represent' that area and I respect your point of
view but I want to be very clear, Commissioners. This development is not going to bring any
revenue in ad -valorem taxes, which is our bottom line, to the City of Miami if we're not careful
on this. Now, I want to be —when 1 was on the County Commission, 1 wrote in, even though it
was a controversial vote, that they had to pay ad valorem taxes. 1 want to make sure, Mr.
Attorney, Mr. Manager, number one, that this land, which I thought was park land, is properly
zoned for what they're proposing to do. Number two, that we're going to get taxes, ad valorem
taxes, or payments in lieu of taxes. Number three, the issue that Commissioner Plummer has
y
10 March 23, 1999
raised about parking but I would. go.a step further and say all of the requirements. 1 think —and I
have to say this as Chairman of the CRA. 1 object and voted for the arena. To my political
detriment. it was the right thing to do. It is the right thing to do. It is absolutely the wrong thin_
to do to build this type of development east of Biscayne Boulevard. If this development %%ere
west of Biscavne Boulevard, it would have a multiplying effect of 10.20. a 100 times, and it
would make what we're talking about the Miami Circle look like peanuts. The failure to develop
Park West and the failure of the County and the City to jointly work to create a development
zone in the Park West area, west of this boulevard, is going to cost the tax payers of the Cin of
Miami hundreds of millions of dollars in the long term and if they have that right. under the
agreement. I certainly am not trying to look for a way to block the right but the point is this. if
they need a permit for anything before this Commission in zoning. we need —and we don't need
to play games. We need to. sit down and determine whether or not we really want this
development on the east side of Biscayne Boulevard or the west side. And, you know, somebod\
giving my district fifty thousand dollars ($50,000) and your district two million dollars
($2,000,000) and the next guy's district forty thousand dollars ($40,000), that's not what this
should be about. This is the golden opportunity to finally develop —you know, everybody said.
when we were doing Bayside, that once- we do Bayside, the development's going to run up
Biscayne Boulevard. Well, it didn't happen. Biscayne Boulevard is just like the Mississippi
River. What happens on the east side does not have any relationship to what happens on the west
side necessarily, and you can do look at that. J.L.. all the way up your district. I mean, you've
got some of the most exclusive housing on the east side of Biscayne Boulevard in Morningside
and right across the street you have some of the —so, the only point, J.L., that I would appeal to
you as a district Commissioner that represents the rea, my colleagues, both as Commissioners
and community redevelopment, we have an obligation to look at the redevelopment of Park West,
which will drive the redevelopment of Overtown, which will build a tax base and I reallv believe
that this development is misplaced. It should be on the west side of Biscayne Boulevard and 1,
for one, would like for the management and the attorney to give us all a written report on zoning,
on the issues that Commissioner Plummer has raised, parking, et cetera, because we need to
know exactly what our timetable is. They know and they will walk us to the edge of the cliff and
on January, 2001, they'll rush into the Commission and say, -if you don't approve this, then
there's going to be a five hundred million dollar ($500.000,000) development that goes down the
tube" because we didn't take the right actions right here and right now.
Chairman Plummer: Mr. Teele. I have instructed the City Attorney to file with me the document
relating to the mandatory requirements that this City placed upon them for —I think it was
seventv-five hundred cars. Was it seventy-five hundred?
Ms. Dena Bianchino (Assistant City Manager): 1 don't know what it is, sir, but...
Chairman Plummer: But they were not to get a CU (Certificate of Use) until they had met that
requirement. I want to remind them now. 1 want to remind 'them every month so they don't
come in here screaming on New Fear's Eve of the millennium saving, "we can't do it." They
know they've got to do it and I'm saving that they shall. Mr. Gort.
Vice Chairman Gort: Mr. Chairman, part of the —that we requested also was, in finding the
parking, to try to find locations with a one minute, two minutes' walk to create a development
that Commissioner Teele talked about on the west side of Biscavne Boulevard. 1 also —when
you check that contract —and I don't know if that was described —place specific in the contract,
the specific type of retail that they could do.
Ms. Bianchino: 1 can clarify it. The contract —the FEC purchase and sale agreement specifies
seventy thousand square feet of retail. It doesn't define what it is. In regard to the parking issue,
I I March 23, 1999
we are meeting with the Heat every two weeks. We have gone on record with the Heat that they
can't do what Commissioner Plummer just said they might try to do, which is come to us at the
last minute. We are meeting with them every two weeks, Commissioner. They are very clear
about the parking issue, and we continue to meet with them even- two weeks and we have told
them...
Chairman Plummer: All right.
Ms. Bianchino: ...they have to solve the problem.
Chairman Plummer: Dena. let me tell you what I would like, and I think the utopia. so there Will
be no misunderstanding. 1 think you need to write them a letter informing them of that and ask
them to reply in writing that they understand and will *meet the commitment. Then there's
nothing on New Year's Eve of everybody running around here like a bangy, OK? All right.
Ms. Bianchino: Can 1 answer one more question? There is...
Chairman Plummer. Quickly.
Ms. Bianchino: Purchase and sale agreement requires that the Heat pay ad valorem taxes to the
City on the seventy thousand square feet of retail. That is a requirement. We have requested a
copy of the lease from the County. It better be in there or we're going to be talking to the
County.
Chairman Plummer: The Orlando case, anytime public land, by government, is leased to a
profit -making corporation, State Statutes makes it mandated that it must be taxable, with the
exception of Daytona Speedway, which Arthur Teele is very much aware, and there's one other
exception, I think.
10. PERSONAL APPEARANCE: NORA HERNANDEZ HENDRIX A"IRMATIIVE
ACTION BOARD PRESENTATION. — SEE LABEL 4.
Chairman Plummer: All right, if my colleagues have no objection, there's a lady here from
Homestead. who would like to make her brief presentation so she can go back. And Dr. Pierre
asked for two minutes for some item. Was it 33? Ma'am, on 34. You have two minutes and
then you can go back to Homestead. For the record, your name and mailing address and who you
represent.
Ms. Dr. Nora Hernandez -Hendrix: Dr. Nora Hernandez -Hendrix. I'm from the City of Miami,
3898 Northwest I` Street. City of Miami. I have the honor of serving as the chairperson of the
Cite of Miami Affirmative Action Advisory Board.
Chairman Plummer: This'is 34. correct?
Ms: Hernandez -Hendrix: Yes, sir.
Chairman Plummer: OK. Item 34.
Ms. Hernandez -Hendrix: You should have in your packets a copy of our annual reports. Our
privilege to bring it forward to you again this year, and I'm just going to highlight a few very
brief items. Just for memory sake, recall that the City of Miami Affirmative Action Advisory
Board provides advice and recommendations, reviews plans, reviews specific complaints,
reviews employment policies and practices of the City, and makes recommendations, serves as an
instrument to inform this Commission, the city departments, agencies and the public of issues
related to equal employment opportunities in the City. of Miami, and ser Aft," a resource to the
12 March 23, 1999
City of Miami. We are a 14-member group. 10 of whom are volunteers appointed bX the
Commission. The board members,' as I said, are. all cite residents. We work or maintain a
business or own real properr in the City of Miami. And the Cite is advised of the concerns of
city -residents through the membership and. in turn. we inform the citizenry of efforts that the
City is making to improve diversity, equal employment opportunity. and other related issues.
This past year, 1998, we did have some difficulty meeting our quorum due to a number of
vacancies from lack of appointments, so I call that to your attention and ask for your support and
assistance there. And we are going to hope to recommend that the quorum be changed so that
majority of appointees be the quorum. as opposed to the majority of available positions. so that
we can get on with the business that we are charged with.
Chairman Plummer: I'll give you a better one. What I did in the Bayfront Park and in the ITB
(international Trade Board), if you're to start at noon, the members present constitute a quorum.
Consider that. It works tremendously.
Ms. Hernandez -Hendrix: Well, we'd be very happy with that. Thank you for that suggestion.
The Affirmative Action Advisory Board of the City of Miami remains in effective. Alternate
route to more costly, formal arbitration or litigation. We were created to serve as an effective.
direct link and conduit between the City of Miami and its citizenry in a highly, culturally diverse
atmosphere. We continue to strive to improve City services and work in partnership with the
departments, reviewing and recommending changes when needed.. On behalf of the members of
the Affirmative Action Advisory Board, I thank you and I ask for your continued support.
Chairman Plummer: Very nice presentation. Thank you. Dr. Pierre, what did you —that was
yours?
Dr. Pierre: Yes.
11. CONSENT AGENDA
Chairman Plummer: OK. We're now on the Consent Agenda. The Consent Agenda is Items 1 —
CA-1 through Item CA-22. Is there anyone present who wishes to speak on any item on the
Consent Agenda? is there any Commissioner who :wishes to pull any item on the consent
agenda?
Vice Chairman Gort: Nine.
Chairman Plummer: Number nine is being pulled by Mr. Gort, which will carry over to the next
item of next agenda. Carry over is automatic. OK. Any other- item besides Item 9? All right.
No one. Let the record reflect that no one stepped forward to speak on any of the items.
Vice Chairman Gort: Move it. -
Chairman Plummer: Moved by Commissioner Gort.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Commissioner Regalado. The Consent Agenda, Public
Hearings, anybody is invited to do so, as possible, to inform the City Clerk and they have not.
All in favor of the Consent Agenda, say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: All opposed? Show unanimous.
IN .
13 March 23, 1999
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY
CONSENT AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION 1A ILL
BE AUTOMATICLALY DEFERRED AND SCHEDULED AS
A REGULAR ITEM ON THE NEXT AVAD.ABLE AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER
GORT AND SECONDED BY COMMISSIONER REGALADO.
THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
11.1 ACCEPT BID OF VENECON, INC. —IN AMOUNT OF $101,600, —FOR "LEGION
PARK RENOVATIONS, B-6306" -- ALLOCATE FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM, LEGION PARK IMPROVEMENTS, PROJECT NO. 331312
(SUNSHINE STATE REVENUE BONDS POOL AND SAFE NEIGHBORHOOD PARK
BOND), AS APPROPRIATED BY THE GENERAL APPROPRIATIONS/CAPITAL
IMPROVEMENT ORDINANCE NO. 11705, AS AMENDED, IN THE AMOUNT OF
$101.600, TO COVER THE CONTRACT COST AND $17,485, TO COVER THE
ESTIMATED EXPENSES. FOR AN ESTIMATED TOTAL COST OF $119.085.
RESOLUTION NO.99-166
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF VENECON. INC.. IN THE PROPOSED AMOUNT OF
$101.600.00. FOR THE PROJECT, ENTITLED "LEGION PARK
RENOVATIONS, B-6306"; ALLOCATING FUNDS THEREFORE
FROM THE CAPITAL IMPROVEMENT PROGRAM, LEGION PARK
IMPROVEMENTS, PROJECT NO. 331312 (SUNSHINE STATE
REVENUE BONDS POOL AND SAFE NEIGHBORHOOD PARK
BOND), AS APPROPRIATED BY THE GENERAL
APPROPRIATIONS/ CAPITAL IMPROVEMENT ORDINANCE NO.
11705. AS AMENDED, IN THE AMOUNT OF $101.600.00 TO COVER
THE CONTRACT COST AND $17.485.00, TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$119.085.00. AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY. WITH SAID FIRM.
14 March 23, 1999
112 ACCEPT BID OF ALL STATE POLICE EQUIPMENT COMPANY, TNC— FOR
THE PROCUREMENT OF BELL PRO POLICE RS-100 RIOT TACTICAL HELMETS
AND REPLACEMENT.SMELDS, ON AN AS -NEEDED CONTRACT BASIS FOR ONE
(1) YEAR, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR
PERIODS — FOR DEPARTMENT OF POLICE, AT AN ANNUAL AMOUNT NOT TO
EXCEED $31,26125 — ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000290201.6.075.
RESOLUTION NO.99-167
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF ALL STATE POLICE EQUIPMENT COMPANY, INC.,
FOR THE PROCUREMENT OF BELL PRO POLICE RS-100 RIOT
TACTICAL HELMETS AND REPLACEMENT SHIELDS. ON AN AS -
NEEDED 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 $31.261.25; ALLOCATING FUNDS
THEREFORE FROM ACCOUNT CODE
NO. 00 1000.290201.6.075.
11.3 ACCEPT BID OF RECREONICS, INC. IN AMOUNT OF $15,474.09, — FOR
PROVISION OF POOL EQUIPMENT FOR VARIOUS CITY PARKS — FOR
DEPARTMENT OF PARKS AND RECREATION — ALLOCATE FUNDS THEREFOR
FROM THE SAFE NEIGHBORHOOD PARK BOND FUNDS, APPROPRIATED IN
CAPITAL IMPROVEMENT PROJECT NOS. 331070, 331341, 331327, 333107, AND
331351.
*SOLUTION NO.99-169
A RESOLUTION ACCEPTING THE BID OF RECREONICS, INC.. IN
THE AMOUNT OF $15.474.09. FOR THE PROVISION OF POOL
EQUIPMENT FOR VARIOUS CITY PARKS, FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING
FUNDS THEREFORE FROM THE SAFE NEIGHBORHOOD PARK
BOND FUNDS. APPROPRIATED IN CAPITAL IMPROVEMENT
PROJECT NOS. 331070. _3 ).3 13327. 333107. AND 331351. .
t
15 March 23, 1999
11.4 ACCEPT BID OF LANDSCAPING ASSOCIATES, INC., Il`' THE PROPOSED
AMOUNT OF $23,985 — FOR PROJECT ENTITLED "MELREESE GOLF COURSE
TREE REPLACEMENT PROJECT, B-1096" — ALLOCATE FUNDS .THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO.311016.
RESOLUTION NO.'99-169
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF LANDSCAPING . ASSOCIATES, INC.. IN THE
PROPOSED AMOUNT OF $23,985.00, FOR THE PROJECT
ENTITLED "MELREESE GOLF COURSE TREE REPLACEMENT
PROJECT, H-1096'; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 311016, AS
APPROPRIATED BY THE FISCAL YEAR 1998-1999
APPROPRIATIONS ORDINANCE NO. 11705, AS AMENDED. IN
THE AMOUNT OF $23,985.00 TO COVER THE CONTRACT COST
AND $2.500.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $26,485.00; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
11.5 ACCEPT BIDS OF VARIOUS VENDORS, AS LISTED IN EXHIBIT •A'
ATTACHED HERETO AND MADE A PART HEREOF, FOR THE PROCUREMENT
OF WORK AND LATEX GLOVES FOR CITY-WIDE USE, ON AN AS -NEEDED
CONTRACT BASIS FOR ONE (1)- YEAR; WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL AMOUNT NOT
TO EXCEED S50,000 — ALLOCATE FUNDS THEREFOR FROM THE VARIOUS USER
DEPARTMENT BUDGETS AT TIME OF NEED.
RESOLUTION NO.99-170
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE BID OF VENDORS, AS
LISTED IN EXHIBIT `A' ATTACHED HERETO AND MADE A
PART HEREOF. -FOR THE PROCUREMENT OF WORK AND
LATEX GLOVES FOR THE CITY-WIDE USE, ON AN AS -NEEDED
CONTRACT BASIS FOR ONE (1) YEAR WIT TE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS,
AT AN ANNUAL AMOUNT NOT TO EXCEED $50.000;
ALLOCATING FUNDS THEREFOR FROM THE VARIOUS USER
DEPARTMENT BUDGETS AT TIME OF NEED.
16 March 23, 1999
11.6 APPROVE PROCUREMENT OF AUTOMOTIVE PARTS RECYCLING
EQUIPMENT FROM MANSUR INDUSTRIES COMPANY/SYSTEM ONE
TECHNOLOGIES, INC, UNDER STATE OF FLORIDA NEGOTIATED AGREEMENT
PRICE SCHEDULE (SNAPS) NO. 5651251, ON A CONTRACT BASIS UNTIL
OCTOBER 25, 1999 — FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED S17.750 — ALLOCATE
FUNDS THEREFOR FROM ACCOUNT CODE NO.503001.420905.850.
RESOLUTION NO. 171
A RESOLUTION APPROVING THE PROCUREMENT OF
AUTOMOTIVE PARTS RECYCLING EQUIPMENT FROM
MANSUR INDUSTRIES COMPANY/ SYSTEM ONE
TECHNOLOGIES, INC., UNDER STATE OF FLORIDA
NEGOTIATED AGREEMENT PRICE SCHEDULE - (SNAPS)
OCTOBER 25, 1999, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO
EXCEED $17,750.00: ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO.503001.420905.850.
11.7 APPROVE PROCUREMENT OF DIGITAL PHOTO IDENTIFICATION SYSTEM
WITH PHOTOGRAPHIC SUPPLIES FROM PLASCO, INC — AWARDED UNDER
MIAMI-DADE COUNTY — FOR POLICE DEPARTMENT, AT A TOTAL COST NOT
TO EXCEED $13,49735 — ALLOCATE FUNDS THEREFOR FROM THE LAW
ENFORCEMENT BLOCK GRANT. ACCOUNT CODE NO.001000.290307.6.840.
RESOLUTION NO.99-17_
A RESOLUTION APPROVING THE PROCUREMENT OF A
DIGITAL PHOTO IDENTIFICATION SYSTEM WITH
PHOTOGRAPHIC SUPPLIES FROM PLASCO, INC.. AWARDED
UNDER MIAMI-DADE COUNTY PUBLIC SCHOOL ' BOARD
CONTRACT NO. 092-XX 11. FOR THE POLICE DEPARTMENT. AT
A TOTAL COST NOT TO EXCEED $13.497.35: ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT BLOCK
GRANT. ACCOUNT CODE NO. 001000.290307.6.840.
17 March 23, 1999
11.8 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN THE
CITY OF MIAMI AND MIAMI-DADE COUNTY — FOR EXTENSION OF WATER
FACILITIES IN KINLOCH PARK AT N.W. 45 AVENUE BETWEEN N.W. 4 TERRACE
AND N.W. 6 STREET, MUM, FLORIDA.::
RESOLUTION NO.99-173
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE
COUNTY FOR THE EXTENSION OF WATER FACILITIES IN
KINLOCH PARK AT N.W. 45 AVENUE BETWEEN N.W. 4
TERRACE AND N.W. 6 STREET, MIAMI, FLORIDA.
11.9 AUTHORIZE CITY MANAGER TO ACCEPT GRANT, IN AMOUNT OF
$61,038.61, FROM MIAMI-DADE COUNTY FOR THE DEPARTMENT OF PARKS
AND RECREATION, PROGRAM — FOR PERSONS WITH DISABILITIES DIVISION,
TO BE USED FOR ENGAGING THERAPEUTIC RECREATIONAL SPECIALIST —
FOR PURCHASE OF ADDITIONAL HANDICAPPED ACCESSIBLE PLAYGROUND
STRUCTURE AT KINLOCK PARK.
RESOLUTION NO.99-174
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN
THE AMOUNT OF $61,038.61, FROM MIAMI-DADE COUNTY FOR
THE DEPARTMENT OF PARKS AND RECREATION, PROGRAM
FOR PERSONS WITH DISABILITIES DIVISION. TO BE USED FOR
ENGAGING A THERAPEUTIC RECREATIONAL SPECIALIST AND
FOR THE PURCHASE OF AN ADDITIONAL HANDICAPPED
ACCESSIBLE PLAYGROUND STRUCTURE AT KINLOCH PARK;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY. TO ACCEPT SAID GRANT.
18 March 23, 1999
Cll'OST
.10 ACCEPT PROPOSAL OF POINT VIEW ASSOCIATION, INC. TO ASSUME
FOR PURCHASE AND INSTALLATION OF DECORATIVE STREET LIGHTS
FROM FLORIDA POWER & LIGHT — FOR PLACEMENT ON BRICKELL BAY
DRIVE, BETWEEN SE 14 STREET AND SE 15 ROAD, MIAMI. FLORIDA.
RESOLUTION NO. 99-175
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE PROPOSAL OF POINT VIEW ASSOCIATION, INC. TO
ASSUME THE COST FOR THE PURCHASE AND INSTALLATIONS
OF DECORATIVE STREET LIGHTS FROM FLORIDA POWER &
LIGHT FOR PLACEMENT ON BRICKELL BAY DRIVE BETWEEN
SE 14 STREET AND SE 15 ROAD, MIAMI. FLORIDA.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH FLORIDA POWER AND LIGHT COMPANY TO
PROVIDE MAINTENANCE AND ELECTRICAL SERVICES FOR
SAID LIGHTS.
I I - I 1 AUTHORIZE FUNDING OF NEW HORIZONS OVERTOWN FAMILY
ENRICHMENT CENTER YOUTH CAMP, IN AN AMOUNT NOT TO EXCEED $5.000 —
ALLOCATE FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NUMBERS 690001.690002, AND 690003.
RESOLUTION NO.99-176
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE FUNDING OF THE NEW HORIZONS
OVERTOWN FAMILY ENRICHMENT CENTER YOUTH CAMP, IN
AN AMOUNT NOT TO EXCEED $5.000. ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND.
PROJECT NUMBERS 690001, 690002.AND 690003, SUCH
EXPENDITURES HAVING BEEN -CERTIFIED BY THE CHIEF
POLICE AS COMPLYING WIT THE U. S. DEPARTMENT OF
TREASURY'S "GUIDE TO EQUITABLE SHARING", AND
FLORIDA STATUTE. SECTION 932.7055. AS AMENDED.
19 March 23, 1999
11.12 AUTHORIZE FUNDING FOR COSTS BY DEPARTMENT OF POLICE — FOR
CONTINUED ACCREDITATION OF SAID DEPARTMENT BY THE COMMISSION
ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. (C.A.L.E.A.)
AND THE STATE OF FLORIDA — ALLOCATE FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $55,378, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NUMBER 690003.
RESOLUTION NO.99-177
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING FUNDING FOR COST INCURRED BY THE
DEPARTMENT OF POLICE FOR THE CONTINUED
ACCREDITATION OF SAID DEPARTMENT BY THE
COMMISSION OF ACCREDITATION FOR LAW ENFORCEMENT
AGENCIES, INC. (C.A.L.E.A.) AND THE STATE OF FLORIDA;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT NO
EXCEED $55,378:00, FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NUMBER 690003, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WIT FLORIDA STATUES, SECTION 932.7055, AS
AMENDED AND THE U.S. DEPARTMENT OF TREASURY
"GUIDE TO EQUITABLE SHARING".
11.13 AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP)
SEEKING QUALIFIED PROVIDERS OF MEDICAL EXAMINATIONS AND TO
ADMINISTER OTHER MEDICAL SERVICES TO CURRENT AND PROSPECTIVE
CITY EMPLOYEES — FOR THE DEPARTMENT OF HUMAN RESOURCES.
RESOLUTION NO.99-178
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE
A REQUEST FOR PROPOSALS (RFP) SEEKING QUALIFIED
PROVIDERS OF MEDICAL EXAMINATIONS AND TO
ADMINISTER OTHER MEDICAL SERVICES TO CURRENT AND
PROSPECTIVE CITY EMPLOYEES, FOR THE DEPARTMENT OF
HUMAN RESOURCES; FURTHER DIRECTING THE CITY
MANAGER TO SUBMIT IS RECOMMENDATIONS TO THE CITY
COMMISSION, IN RANK ORDER, FOR ITS REVIEW .AND
CONSIDERATION.
20 March 23, 1999
11.14 AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE
COMMUNICATION SERVICE AUTHORIZATION (CSA) AGREEMENT WITH THE
STATE OF FLORIDA — FOR PROCUREMENT OF INTERNET SERVICE THROUGH
BELLSOUTH — AT ANNUAL COST NOT TO EXCEED S60,000 — FOR DEPARTMENT
OF INFORMATION TECHNOLOGY — ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NOS. 001000.460101.6340 FOR THE FIRST YEAR AND
001000.430101.6.510 FOR THE ENSUING THREE (3) YEARS.
RESOLUTION NO. 99-179
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORI23NG THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A COMMUNICATION SERVICE AUTHORIZATION (CSA)
AGREEMENT WITH THE STATE OF FLORIDA FOR THE
PROCUREMENT OF INTERNET SERVICE THROUGH BELLSOUTH,
FOR ONE (1) YEAR AT A COST OF $23,000, WITH THE OPTION TO
EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS.
AT AN ANNUAL COST NOT TO EXCEED $60,000, FOR THE
DEPARTMENT OF INFORMATION TECHNOLOGY; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NOS.
001000.460101.6.340 FOR THE FIRST . YEAR AND
00 1000.430101.6.5 10 FOR THE ENSURING THREE (3) YEARS.
11.15 AUTHORIZE CITY MANAGER TO ACCEPT AN ADDITIONAL DONATION OF
S34.000, FROM THE METROPOLITAN MIAMI FLOWER SHOW, INC. ("FLOWER
SHOW") — TO UPGRADE AND COMPLETE IMPROVEMENTS TO CHARLES
TORREY SIMPSON MEMORIAL GARDEN CENTER ("GARDEN CENTER"),
LOCATED IN SIMPSON PARK, 55 SW 17TH ROAD, MIAMI, FLORIDA.
RESOLUTION NO.99-180
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGE TO ACCEPT AN
ADDITIONAL DONATION IN THE AMOUNT OF $34.000. FROM
THE METROPOLITAN MIAMI FLOWER SHOW, INC. ("FLOWER
SHOW") TO UPGRADE AND COMPLETE IMPROVEMENTS TO
CHARLES TORREY SIMPSON MEMORIAL GARDEN CENTER
("GARDEN CENTER"). LOCATED IN SIMPSON PARK, 55 SW 17
ROAD. MIAMI. FLORIDA. AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID
DONATION.
21 March 23, 1999
11.16 ACCEPT DONATION, OF $500.00, FROM APRICOT OFFICE SUPPLIES, AS A
CONTRIBUTION TO THE CITY OF MUM BLACK HISTORY MONTH
CELEBRATION.
RESOLUTION 99-191
A RESOLUTION ACCEPTING A DONATION, IN THE AMOUNT
OF $500.00, FROM APRICOT OFFICE SUPPLIES. AS A
CONTRIBUTION TO THE CITY OF MIAMI BLACK HISTORY
MONTH CELEBRATION;- AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID
DONATION.
11.17 ACCEPT DONATION OF $18,600, FROM PEPSI-COLA COMPANY__ FOR
THE DEPARTMENT OF PARKS AND RECREATION, CONSISTING OF, (1) 5,200
TEE SHIRTS AND 25 CASES OF SOFT DRINKS — FOR SUMMER OLYMPICS
PARTICIPANTS, AND (2) CO-SPONSORSHIP, WITH THE CITY OF MMMI, OF
THE TABLE TENNIS SUMMER PROGRAM TO BE PRESENTED IN 27 CITY
PARKS, AND A TABLE TENNIS TRAINING PROGRAM FOR PARK MANAGERS.
RESOLUTION NO.99-182 -
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION, WITH AN ESTIMATED VALUE OF $19.600. FROM
PEPSI-COLA COMPANY FOR THE DEPARTMENT OF PARKS AND
RECREATION. CONSISTING OF (1) 5.200 TEE SHIRTS AND 25
CASES OF SOFT DRINKS FOR THE SUMMER OLYMPICS
PARTICIPANTS. AND (2) CO-SPONSORSHIP. WITH THE CITY OF
MIAMI. OF THE TABLE TENNIS SUMMER PROGRAM TO BE
PRESENTED IN 27 CITY PARKS. AND A TABLE TENNIS
TRAINING PROGRAM FOR MANAGERS.
22 March 23, 1999
11.18 AUTHORIZE ALLOCATION OF SEVEN THOUSAND DOLLARS (S7.000) OF
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS. THE
COMMERCIAL CODE COMPLIANCE PROGRAM (PROGRAM), PROJECT NO.
799613, TO THE LITTLE HAVANA DEVELOPMENT AUTHORITY, INC., — FOR
REHABILITATION OF ONE (1) BUSINESS', BASSAS CARGO INTERNATIONAL,
LOCATED AT 301-311 N.W.S. RIVER DRIVE, MIAMI, FLORIDA, IN THE LITTLE
HAVANA TARGET AREA.
RESOLUTION NO.99-183
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF SEVEN THOUSAND
DOLLARS ($7,000) OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG") FUNDS,. THE COMMERCIAL CODE
COMPLIANCE PROGRAM (PROGRAM), PROJECT NO. 799613. TO
THE LITTLE HAVANA DEVELOPMENT AUTHORITY, INC.. FOR
THE REHABILITATION OF ONE (1) BUSINESS, BASSAS CARGO
INTERNATIONAL, LOCATED AT 301-311 NW S RIVER DRIVE,
MIAMI, FLORIDA IN THE LITTLE HAVANA TARGET AREA;
SAID ALLOCATION REPRESENTS 70% OF THE TOTAL REPAIR
COST, WITH THE PROPERTY OR BUSINESS OWNER
PROVIDING A 30% MATCH AS HEREIN SPECIFIED. FURTHER
PROVIDING THAT LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC. SHALL PROVIDE CERTAIN SERVICES IN
CONNECTION WITH THE PROGRAM.
23 March 23, 1999
11.19 AUTHORIZE ALLOCATION OF SEVEN THOUSAND DOLLARS (S7.000) OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, THE
COMMERCIAL CODE COMPLIANCE PROGRAM (PROGRAM), PROJECT NO.
799613 — TO THE SMALL BUSINESS OPPORTUNITY CENTER, INC., FOR THE
REHABILITATION OF ONE (1) BUSINESS, THE CASA PANZA RESTAURANT,
LOCATED AT 1620 S.W. a "STREET, NIIANM FLORIDA; IN THE LITTLE
HAVANA TARGET AREA.
RESOLUTION NO.99-184
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF SEVEN THOUSAND
DOLLARS (S7.000) OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS, THE COMMERCIAL CODE
COMPLIANCE PROGRAM (PROGRAM). PROJECT NO. 799613. TO
THE SMALL BUSINESS OPPORTUNITY CENTER INC., FOR THE
REHABILITAION OF ONE (1) BUSINESS, THE CASA PANZA
RESTAURANT, LOCATED AT 1620 S.W. STH STREET, MIAMI,
FLORIDA; IN THE LITTLE HAVANA TARGET AREA; SAID
ALLOCATION REPRESENTS 70 % OF THE TOTAL REPAIR COST.
WITH THE PROPERTY OR BUSINESS OWNER PROVIDING A
30% MATCH AS HEREIN SPECIFIED; FURTHER PROVIDING
THAT THE SMALL BUSINESS OPPORTUNITY CENTER. INC.
SHALL PROVIDE CERTAIN SERVICES IN CONNECTION WIT_ H
THE PROGRAM.
24 . March 23, 1999
11.20 APPROVE APPLICATION BY FLORIDA INTERNATIONAL RESTAURANT
HOTEL & BAKERY EXPOSITION, INC. — FOR TWO-DAY STATE LIQUOR PERNnT
TO ALLOW ON SITE DISPLAY BY MANUFACTURERS OR DISTRIBUTORS OF
PRODUCTS LICENSED UNDER STATE OF FLORIDA BEVERAGE LAVA' — TO
ALLOW CONSUMPTION OF SUCH BEVERAGES ON PREMISES OF NUT GROVE
CONVENTION CENTER, MIAMI, FLORIDA, DURING THE PERIOD OF JULY 10-11.
1999.
RESOLUTION 99-185
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE APPLICATION BY FLORIDA INTERNATIONAL
RESTAURANT HOTEL & BAKERY EXPOSITION, INC. FOR A
TWO-DAY STATE LIQUOR PERMIT TO ALLOW AN ON SITE
DISPLAY BY. MANUFACTURERS OR DISTRIBUTORS OF
PRODUCTS LICENSED UNDER THE STATE OF FLORIDA
BEVERAGE LAW, AND TO ALLOW CONSUMPTION OF SUCH
BEVERAGES ON THE PREMISES OF THE COCONUT GROVE
CONVENTION CENTER, MIAMI, FLORIDA, DURING THE
PERIOD OF JULY 10-I1, 1999, SUCH APPROVAL BEING A
STATUTORY REQUISITE PRIOR TO THE ISSUANCE SAID
PERMIT FROM THE STATE OF FLORIDA.
12 RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF SOLE
SOURCE — WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES — APPROVE PURCHASE OF LIFEPAK 12
DEFIBRILLATION/MONITORS, LIFEPAK 12 UNITS, 12-LEAD EKG MONITORS,
AND RELATED EQUIPMENT FROM PHYSIO CONTROL CORPORATION — FOR
FIRE -RESCUE, IN AMOUNT NOT TO EXCEED $141,725 — ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO.
313304. "FIRE -RESCUE EQUIPMENT," ACCOUNT CODE NO.289401.850.
Chairman Plummer: We're now on Item 2.
Commissioner Teele: Mr. Chairman''
Chairman Plummer: Commissioner Teele.
Commissioner Teele: I'd like to commend the Manager and ITB (International Trade Board). I
don't know why you all need an agreement with the State of Florida on the Internet, but it sounds
like the right thing to do. It was priced right. And I particularly think that, as we deal with the
federal programs. HUD (Department of Housing and Urban Development) and transportation and
others. this is a very valuable service and so I just hope that all of the departments get codes and
software to link up, as well as the Commission offices, as well as all other offices that need it.
Mr. Donald Warshaw (City Manager): Thank you. ,
'2
25 March 23, 1999
Chairman Plummer: Item 2 is 12 units of EKG (Echocardiogram) monitors.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez.
Commissioner Regalado: Question.
Chairman Plummer: Question. Mr. Regalado.
Commissioner Regalado: Question to the—ves. Chief Gimenez, we spoke several months a¢c
about requests from the Costa Rican Red Cross, about the possibility of sending one of this
equipment —used equipment to them because of the hurricane in the Central American region.
They had lost many of their equipment and you told me we need to wait to see if some of this
used equipment will be available when we buy the new ones. Do you have any answer for them?
Chief Carlos Gimenez: Yes, sir. The problem at this point .is that we traded in some units in
order to get a credit for them and we will not have any surplus at this time. Next year we
anticipate that we will have some surplus defibrillation equipment.
Chairman Plummer: All in favor of Item 2, signify by saying "Aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-186
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE MIAMI CITY COMMISSION,
AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF SOLE SOURCE, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
APPROVING THE -PURCHASE OF LIFEPAK 12
DEFIBRILLATION/MONITORS, LIFEPAK 12 UNITS, 12-LEAD
EKG MONITORS, AND RELATED 'EQUIPMENT FROM PHYSIO
CONTROL CORPORATION, THE SOLE SOURCE PROVIDER OF
THIS EQUIPMENT, FOR THE DEPARTMENT OF FIRE -RESCUE,
IN AN AMOUNT NOT TO EXCEED $141,725, ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 313304, "FIRE -RESCUE EQUIPMENT".
ACCOUNT CODE NO.289401.850.
26 March 23, 1999
(Here follows body of resolution. omitted here and on file in the Office of the Cite Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted b% 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: INone.
ABSENT: None.
[NOTE FOR THE RECORD: ITEM NUMBER' WAS TABLED]
Chairman Plummer: Item 3. I would like that pulled until the afternoon for further information
and possibly deferral.
13 (A) APPROVE EMERGENCY ORDINANCE AMENDING SECTION 6 OF
ORDINANCE NO. 11705, AS AMENDED, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1999, THEREBY
REVISING PREVIOUSLY APPROVED PUBLIC FACILITIES CAPITAL
IMPROVEMENT PROJECTS AND INCREASING APPROPRIATIONS TO CAPITAL
IMPROVEMENT PROJECT. NO. '324002, ENTITLED "ORANGE BOWL RAMPS,"
FROM S25000 TO S900,000.
(B) RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING THAT
EMERGENCY SITUATION - WAIVE REQUIREMENTS FOR COMPETITIVE
BIDDING PROCEDURES, - APPROVE CONTRACT TO THE CONSULTING
ENGINEERING FIRM OF BLISS & NYITRAY, INC - FOR PREPARATION OF
CONSTRUCTION PLANS AND SPECIFICATIONS. OF REPAIRS AT THE ORANGE
BOWL STADIUM FOR ALL EXTERIOR PEDESTRIAN RAMPS AND COMPLETE
REMEDIAL STRUCTURAL REPAIRS - AUTHORIZE TO SOLICIT INFORMAL BIDS
AND EXECUTE CONTRACT WITH THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER(S) FOR SAID STRUCTURAL REPAIR WORK - ALLOCATE
FUNDS THEREFOR, IN AMOUNT NOT TO EXCEED S900,000, FROM CAPITAL
IMPROVEMENT PROJECT NO.324002
Chairman Plummer: Item 3A. the Orange Bowl. Exterior...
Vice Chairman Gort: Move it.
Chairman Plummer: OK.
Commissioner Regalado: Question.
Chairman Plummer: I've got questions also. Commissioner Regalado.
Commissioner Regalado: Yes. First of all, I have a question for Jim Kay. I remember that 1 was
there with Jim and Christina, 1 think. about almost two years ago or maybe one year. and 11
27 March 23, 1999
months. and we saw those ramps and those ramps —you told me that they needed repair. These'
are the same ramps that we're talking about?
Mr. Jim Kay (Director, Public Works): Yes. sir, they are. The exterior pedestrian ramps.
Commissioner Regalado: The other question is for the City Attorney- 1 sent a memo to the Cin
Attorney but 1 did not have the answer for —before today's session, but it's all the same. We had
a paint job in the Orange Bowl...
Chairman Plummer: That's what I was going to ask.
Commissioner Regalado: ...many years ago. No%. when we went there. Christina and Jim. we
saw the paint,peeling like, you know —when you go to the beach and the next day you get —after
sunburn, and 1 was told at that time that that paint job was guaranteed for many years because it
cost a lot of money. Many million dollars. I think that the whole contract was 21 or...
Chairman Plummer: That was a total contract for ?
Mr. Kay: That was a total...
Commissioner Regalado: I'm sorry?
Mr. Kay: That was the total over several years.
Chairman Plummer: Yeah.
Commissioner Regalado: Well, the paint job was several millions.
Mr. Kay. It was about two million dollars ($2,000,000), yes, sir.
Commissioner Regalado: Plus the consulting fees...
Mr. Kay: Plus, plus.
Commissioner Regalado: The consulting fees. That was about six million dollars ($6.000.000)
consulting fees or something like that?
Mr. Kay: That was —the consultant fees are somewhere in that range but that was for the whole
twenty-one million dollar ($21.000.000) project. But there were fees involved with the painting
of the Orange Bowl, yes, sir.
Commissioner Regalado: Do we know what is the, contractor for the paint and the subcontractor.
Mr. Kay: Yes, sir. we have all that information.
Commissioner Regalado: Who are they?
Mr. Kay: One of them was-1 believe Haines was the painting subcontractor. There were
some —also some testing labs that we had that were overseeing the project, as well as the
architect. And 1 don't know if I should go into any detail on this but we have been in conference
with the City Attorney's Office.
Mr. Alejandro Vilarello (City Attorney): If you can just identify the contractors that the
Commission-1 mean, that's OK. But to any substance...
Commissioner Regalado: And the subcontractor.
Vice Chairman Gort: They're in litigation.
Mr. Vilarello: That's fine.
Chairman Plummer: It's in litigation.
28 March 23, 1999
Commissioner Sanchez: Everything's in litigation.
Mr. Vilarello: You can identify the subcontractors. You can answer that question.
Mr. Kay: Yes. It was Haines, is the name of the firm.
Chairman Plummer: OK. The item before us has to do with the ramps.
Commissioner Regalado: Yeah. but have we filed suit vet?
Mr. Vilarello: No. In fact —and I'm sorry I did not respond to your memorandum. 1 don't recall
a memorandum on that issue. but Ms. Abrams did bring to my attention your concerns. .And in
connection with this item —and we can bring it up at a later time I've prepared a resolution for
the City Commission to authorize me to proceed in litigation.
Chairman Plummer: You know how long ago I brought this to the forefront of this Commission
and nothing was done? Do you know —let me tell you. The specifications that went out to the
color of that paint, to the ingredients of that paint, I said at that time "was crazy" and now it was
proven. Because that paint just was peeling off in big chunks. And why we have not done
anything up until now, somebody's ought to be horse whipped. I mean, it's crazy.
Mr. Donald Warshaw (City Manager): Right.
Commissioner Regalado: But the thing is...
Chairman Plummer: It's crazy.
Commissioner Regalado: The thing is that it's very nice to say forget the past and let's move
forward but the problem of the past, we inherit now and we have this problem now in the Orange
Bowl. and the tax pavers are getting the brunt of this problem. So, when are we going to try to
recoup some of this money? And still —let me ask you, was —Mr. City Attorney, is any —in the
renovation and work, anybody that was related to the past administration involved in this?
Mr. Vilarello: I don't know anything that I can relate to you as a fact. Commissioner, and I
prefer not to comment further on that.
Chairman Plummer: The company, as I recall, was out of Chicago. The paint was bought in
Atlanta.
Mr. Raul Martinez (Assistant City Manager/Operations): Through Sherwin Williams.
Chairman Plummer: I remember. All right. Let's stick to the agenda. Item 3A:
Commissioner Regalado: Yeah. but when are we going to get some information on...
Chairman Plummer: He told you he'll respond to you.
Commissioner Sanchez: Mr. Chairman. I have a couple of questions on that.
Chairman Plummer: On this item here?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: All right. Item 3A because 3B is related.
Commissioner Sanchez: Are you done, Commissioner?
Commissioner Regalado: Yeah. I'm done.
Chairman Plummer: Mr. Sanchez.
29 March 23, 1999
Commissioner Sanchez: I just —I have a couple of concerns. One is. maybe not pertaining to
this issue, but, you know, I feel that we're bringing out the word "emergence situation" on a lot
of items and what we're asking for is basically waiving the requirements for competitive bid. I
would like to have somebody explain to me why is it an emergency situation for us to do the
ramps.
Chairman Plummer: Mr. Manager, justify the emergency.
Mr. Kay: Yes, sir. Emergency --our emergency right now is that we do have a —the ramps have
been identified as possibly presenting a threat to life safety to patrons of the Orange bowl.
Chairman Plummer: You've only known about it for five years.
Mr. Kay: We have known about the problems with the ramps. Yes, sir, we have. But nov- theN
have deteriorated even more so, where that staff and myself were very nervous about the
stadium.
Mr. Warshaw: Commissioner, basically, we've got to fix these now in order to be ready for the
upcoming UM (University of Miami) football season.
Chairman Plummer: Yeah, but why didn't you go out to it —what I think he's asking and I'm
asking, why you didn't go out to a bid to try to get the firm?
Mr. Kay: Let me answer that question. The report came into us, a final report, from the
engineers that we hired, Bliss and Nyitray, in December, that the stadium ramps needed to be
replaced, as well as 35 other locations of critical repair. That really did not give us 'a lot of time
to go out through an RFP (Request for Proposal) process. In addition to that, the firm that has
done this investigative work really, right now, has the most knowledge about where these
problems are and what to do about them, and I just don't want to see us reinvent the wheel,
starting all over again with a new firm.
Chairman Plummer: The good old buddy system.
Commissioner Sanchez: Jim. I don't have a problem with the Orange Bowl. I really don't have a
problem with this resolution whatsoever. But I'm telling you, the concern that I have is that
you're starting to see a lot of these items with an emergency situation in waiving of the
requirements for competitive bid and that, to me, is a concern. Now, I'm not going to dispute the
facts that the Orange Bowl needs those repairs; although, Mr. J.L. Plummer has just stated that
it's five. and possibly more years ago, that we needed to address the problem.'- I know that we
have to get geared up for the University of Miami and the other events that are coming forward.
My concern is that a lot of issues that I've come up in the last seven months, I'm starting to see
this word. in the long run waiving a competitive bids. You're going to see more often people
come here complaining. "well. 1 came in second. I want to argue it or I want to contend or fight
it. that I came in second." And when you start doing that, it opens up cans of worms.
Mr. Warshaw: Commissioner. you're one hundred percent right. This is one of the things we're
trying to instill in the Administration. is to do long-term strategic planning so that you don't have
to have these things come to you the day before there's a time -lapsed emergency.- 1 couldn't
agree with you more. Unfortunately, as Mr. Kay stated, we got the report in December. It's
now —we're into March and if we don't get these things done now, we're going to be in trouble.
Chairman Plummer: How much is the engineering firm getting?
Mr. Warshaw: Hundred percent.
Mr. Kay: Sir?
30 March 23, 1999
Chairman Plummer: How much is the engineering firm receiving?
Mr. Kay: Sixty-five thousand dollars ($65.000) for the design.
Chairman Plummer: That's coming from the nine hundred thousand?
Mr. Kay: The project, yes, sir.
Chairman Plummer: So, the nine hundred thousand does not include the sixty-five thousand for
the engineering?
Mr. Kay: No, no, it does. It's included in that.
Chairman Plummer: It's included?
Mr. Kay: Yes, sir
Chairman Plummer: All right.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer:. The only thing I'm going to ask that you do is get a performance bond.
Mr. Kay: Yes, sir, we will.
Chairman Plummer: OK. Mr. Sanchez.
Commissioner Sanchez: You know, we can't continue to wait until the last minute every_ time on
issues like this because we're placed between a rock and a hard place.
Chairman Plummer: Then, they do —and if you don't pass it, then, they blame it on you. The
City Attorney tells me ... Mr. Martinez.
Mr. Raul Martinez (Assistant City Manager): Let me add one more thing. When I first came
over. I asked questions about the Orange Bowl. And we had a four-year plan to replace the
ramps one —you know, one ramp —two ramps per year for a total of four years. We had money
set aside to do that. When this engineer came up with this last report —and we were doing it to
make sure the state of the Orange Bowl. Now. we're worried. Now, we're really worried, is
what made this an emergency. If not. every year would have changed two ramps. It would have
been a four-year process changing the ramps. We didn't expect this, to have a report from the
engineer. When we got it, we were placed against the wall.
Commissioner Sanchez: Do you think it's in the best interest of the City and the City will save
money doing it with this firm?
Mr. Martinez: I would say it's in the best interest of the City to replace the. ramps right now. We
have to replace the ramps right now.
Commissioner Sanchez: Is it a good deal for the City?
Mr. Martinez: We will do competitive bidding and try to get the best deal possible that we can
by calling four or five firms. What we'll guarantee you, we'll get the best deal possible for the
City amongst the companies that we call that can do this job in this time frame, because it's a
short time frame that we'll have to have them complete between now and the start of the football
season. In the meantime, any other events that we're having now, we're not having trucks drive
through the ramps or taking up equipment off the ramps. We're taking precautionary measures
so nothing happens between now and the time of the start of the season.
Mr. Warshaw: But in answer to your question, what you're authorizing here, in addition to the
engineering dollars, is authorizing us to go out and solicit informal bids. So, we are going to go
31 March 23, 1999
out in an amount not to exceed nine hundred thousand and we will get the absolute best deal for
the City, which could be less than that amount.
Chairman Plummer: Be eight thirr-five.
Commissioner Sanchez: All right.
Vice Chairman Gort: I have a question.
Commissioner Sanchez: It's in my district.' I'll move it.
Vice Chairman Gort: I have a question.
Chairman Plummer: All right. Mr. Gort.
Vice Chairman Gort: Could you, for the benefit of us and the benefit of the public, explain the
difference between an RFP and going out and getting bids, and the time consumed in between an
RFP and getting bids and the bottom line, what it is?
Mr. Warshaw: If we went out for an RFP, we'd have to go out -for a formal sealed bidding
process. By authorizing this as an emergency, we would be doing informal bids. And informal
does not mean there's any less of a commitment to get the right price. It gives us the authority to
go out and call and sit and negotiate the best deal so that the tax pavers of the City are not going
to be, in any way, compromised. We're going to put the same diligence into the informal process
as what would happen had it.been a formal sealed process.
Chairman Plummer: All right. City Attorney...
Vice Chairman Gort: Can you explain —my understanding is, if you go out for an RFP, it takes a
lot longer.
Mr. Warshaw: Much longer.
Vice Chairman Gort: OK. That's what I want you to explain to me.
Chairman Plummer: That's why our process needs to be revamped.
Vice Chairman Gort: That's right. That's one of the things we're looking at, the Charter
Review.
Chairman Plummer: City Attorney tells us we must do 3B first. Moved by...
Vice Chairman Gort: Second. Sanchez.
Chairman Plummer: ...Sanchez. Seconded by Gort. Read the ordinance. Call the roll. Item 3A,
which is a companion. Moved by Sanchez. Seconded by Gort. Call the roll because it requires a
four/fifths.
32 March 23, 1999
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING SECTION 6 OF ORDINANCE
NO. 11705. AS, AMENDED. THE ANNUAL
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR
ENDING SEPTEMBER 30, 1999. THEREBY REVISING
PREVIOUSLY APPROVED PUBLIC FACILITIES CAPITAL
IMPROVEMENT PROJECTS AND INCREASING
APPROPRIATIONS TO CAPITAL IMPROVEMENT
PROJECT NO. 324001, ENTITLED "ORANGE BOWL
RAMPS," FROM $250,000 TO S900,000; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Sanchez and seconded
by Vice Chairman Gort , adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer. Jr.
NAYS: None.
ABSENT: None.
1.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11768
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Chairman Plummer: Item 4...
33 1 1 March 23, 1999
Commissioner Teele: 'Mr. Chairman?
Chairman Plummer: ...is a school base partnership...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: On the issue, I did not comment because I really —Mr. Kay. on the item
that just passed. 1 didn't comment during the discussion because I thought it was a little bit
misleading the way this is presented, and I just want to be on the record. Number one. I think
you all are doing the right thing. Unfortunately, Mr. Attorney, Commissioner Gort. our Charter
brings about this kind of confusion. What they are doing is a competitive process and our
Charter, if we ever get around to cleaning it up, should facilitate competitive processes. other
than sealed bids, just like the Manager explained. It appears that we're not —that this is a sole
source. This is not a sole source, and that needs to be very clear.. What we're doing is, we're
having an informal bid process which, by the way, the Corps of Engineers makes most of its bids
on, where they, basically, have this type of informal process. So, I want to commend the Public
Works Department and the Manager again in going forward on this. I'm concerned, the same
way that Commissioner Sanchez expressed, on other matters in this. And the only point that 1
would like to make, Commissioner Gort, on this issue, is, I think one of the better kept secrets of
the City of Miami is the Orange Bowl. It is well managed. It's well -maintained. It's always
looking organized, at a distance. I'm not involved at all in the operations or-1 don't even kno"•
the people over there necessarily. But I really just question why we don't even look at trying to
convert the Orange Bowl into a baseball facility or, at least, having a plan to do that. I mean,
everybody's assuming we got to go waterfront.
Chairman Plummer: We have one.
Commissioner Teele: We got to go waterfront. We have an obligation to the entire city. This is
not in my district, but I got to tell you something. The Orange Bowl is underutilized; it is a
beautiful facility, and I think that, with the right kind of resources, it could be a really great
revitalization engine for that community. But. Mr. Chairman. thank you very much. I do want to
make the point to the Charter Review Committee that this is the kind of thing, Willy, that we
really ought to be looking at.
Vice Chairman Gort: That we're looking at. That's one of the things. we're looking at.
34 March 23, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-187
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 THAT AN EMERGENCY SITUATION
EXISTS. WAIVING THE REQUIREMENTS FOR COMPETITIVE
BIDDING PROCEDURES, AND APPROVING A CONTRACT TO
THE CONSULTING ENGINEERING FIRM OF BLISS & NYITRAY.
INC., FOR THE PREPARATION OF CONSTRUCTION PLANS AND
SPECIFICATIONS OF REPAIRS AT THE ORANGE BOWL
STADIUM FOR ALL EXTERIOR PEDESTRIAN RAMPS AND
COMPLETE REMEDIAL STRUCTURAL REPAIRS; AUTHORIZING
THE CITY_ MANAGER TO SOLICIT INFORMAL BIDS AND
EXECUTE A CONTRACT WITH THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDERS) FOR SAID STRUCTURAL REPAIR
WORK; AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED S900,000.00, FROM CAPITAL IMPROVEMENT
PROJECT NO. 324002, AS APPROPRIATED BY ORDINANCE NO.
11705, AS AMENDED, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30. 1999,
FOR SAID PLANS AND REPAIRS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer. Jr.
NAYS: None.
ABSENT: None.
35 March 23, 1999
14. APPROVE EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE'
FUND ENTITLED "SCHOOL BASED PARTNERSHIPS GRANT." AND APPROPRIATING
FUNDS — IN AMOUNT OF $180,017 — FOR OPERATION OF SAME. CONSISTING OF
GRANT FROM THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE. OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES (COPS).
Chairman Plummer: All right. item4, school based partnership grant, one hundred and eighty
thousand dollars ($180,000) from Juvenile Justice.
Vice Chairman Gort: Move it.
Chairman Plummer. Moved by Sanchez Seconded by Gort.
Vice Chairman Gort: Seems like a very good program. Hope it works.
Chairman Plummer: It is an ordinance. Mr. City Attorney. Mr. Manager, when did you get
notified this grant was forthcoming?
Mr. Donald Warshaw (City Manager): We were notified about receiving the grant last year, but
the actual award, I assume, came very recently.
Chairman Plummer: But you knew last year?
Mr. Warshaw: We couldn't bring it to the Commission last year. We did bring it to...
Chairman Plummer: OK. Call the roll.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED "SCHOOL BASED PARTNERSHIPS
GRANT," AND APPROPRIATING FUNDS, IN THE
AMOUNT OF $180.017. FOR THE OPERATION OF SAME.
CONSISTING OF A GRANT FROM THE FLORIDA
DEPARTMENT OF JUVENILE JUSTICE, OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES (COPS);
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS. IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY. TO ACCEPT SAID GRANT.
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
36 March 23, 1999
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
Commissioner Arthur E. Teele. Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer. Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Sanchez and seconded
by Vice Chairman Gort, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11769
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.
15. APPROVE EMERGENCY ORDINANCE ESTABLISHING SPECIAL REVENUE
FUND ENTITLED: "CALI CARTEL INITIATIVE" AND APPROPRIATING FUNDS
FOR THE OPERATION OF SAME IN TOTAL AMOUNT OF S54,270 — CONSISTING
OF GRANT FROM THE MONROE COUNTY SHERIFFS OFFICE.
Chairman Plummer: Item 5. Cali Cartel. It's grant of fifty-four thousand two hundred and
seventy.
Vice Chairman Gort: Accepted? money. Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Anybody wishing to speak on Item
5? Read the ordinance. When did you realize you got this grant?
Captain Joseph Longueira: How long ago...
Chairman Plummer: I mean, I'm like Sanchez. I'm wondering why all of this...
37 March 23, 1999
Captain Longueira: We just got awarded it. Commissioner. a lot of times we get a letter sa- ine
that we're receiving a grant and that starts the date. But when we get the final award from them.
it's months later.
Chairman Plummer: Yeah.
Captain Longueira: And it's retroactive.
Chairman Plummer: Yeah. So that we don't have time to ask questions and. if we do and we
want to defer it, we're the bad guys. That's got to stop. OK? Call the roll.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Sanchez:, It's free.
Commissioner Teele: But once again...
Commissioner Sanchez: It's free money. What are you talking...
Chairman Plummer: I'm not questioning the free money. What I'm questioning is, that this is
being brought here as an emergency...
Commissioner Teele: Once again...
Chairman Plummer: ... when they've known for a long time that this was forthcoming.
Commissioner Teele: Once again, Mr. Chairman. I appeal to the City Attorney and
Commissioner Gort. We should not have to adopt or receive money by ordinance. We should be
able —and. Mr. Attorney, you need to correct me if I'm wrong.
Mr. Alejandro Vilarello (City Attorney): If not for our Charter provisions, which uniquely
require an ordinance, state law would not require us to do this by ordinance.
Chairman Plummer: Then that's...
Commissioner Teele: This should be done by resolution.
Chairman Plummer: Well, we should be changing.
Commissioner Teele: And what it does is —Commissioner Plummer is one hundred percent
right —it makes us look like —if you even want to ask a question, it makes it look like you're
holding up money and everybody -says "it's free money." But the fact of the matter is. it's not
about the money. It's about our responsibility...
Chairman Plummer: The process.
Commissioner Teele: ...to process this in an appropriate manner.
Chairman Plummer: All right. Call the roll.
38 March 23, 1999
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAM1 CITY
COMMISSION ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "CALI CARTEL INITIATIVE" AND
APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN A TOTAL AMOUNT OF $54.270.00. CONSISTING
OF A GRANT FROM THE MONROE COUNTY SHERIFFS
OFFICE; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE ANY
NECESSARY DOCUMENTS. IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR THIS PURPOSE:
CONTAINING A . REPEALER PROVISION AND
SEVERABILITY CLAUSE..
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J.-L. Plummer. Jr.
NAYS: None.
ABSENT: None.
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
Commissioner Arthur E. Teele. Jr.
Vice Chairman Wifredo
Chairman J. L. Plummer. Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11770
The City Attomev read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
39 March 23, 1999
16. APPROVE SECOND READING ORDINANCE AMENDING SECTION 22-12 OF
THE CODE OF THE CITY OF NIIANII, FLORIDA, AS AMENDED, ENTITLED
"WASTE FEES," BY REPEALING THE ASSESSMENT OF SUPPLEMENTAL WASTE
FEES UPON CERTAIN ESTABLISHMENTS AS SPECIFIED HEREIN - COMMENTS
MADE BY COMMISSIONERS RELATED TO LOT CLEARING NEEDS
THROUGHOUT THE CITY - TABLE ITEM 9 TO LATER IN SESSION.
Chairman Plummer: Item 6, a repealing of the waste fees. Moved by Regalado. Seconded b%
Sanchez. Any further discussion? Read the ordinance. 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.
Passed on its first reading, by title, at the meeting of February 9, 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:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr.
Chairman J.L. Plummer. Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11771
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.
[COMMENTS MADE DURING ROLL CALL:]
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
40 March 23, 4999
Commissioner Teele: This ordinance does not have a budget statement: it does not have a fiscal
impact. I guess, you know, you can say we're going to do it on second reading or whatever but
the fact of the matter is, you're asking—] don't have one.
Chairman Plummer: Excuse me. I'm being told, just for the record. that it was.
Vice Chairman Gort: Fifty-eight thousand dollars ($58,000).
Mr. Warshaw: It's in the package; and it was discussed at some length at the first reading.
Commissioner.
Chairman Plummer: It's in the backup?
Mr. Warshaw: Yes.
Chairman Plummer: OK. Mr. Teele.
Commissioner Teele: I stand corrected. Is it fifty-eight thousand —sixty thousand dollars
-($60,000)?
Mr. Warshaw: Yes, sir.
Chairman Plummer: Call the roll.
Commissioner Teele: On fifty-eight thousand dollars ($58.000), yes.
17. APPROVE SECOND READING ORDINANCE ESTABLISHING NEW SPECIAL
REVENUE FUND ENTITLED "SOLID WASTE REDUCTION, RECYCLING AND
EDUCATION (FY '99)" — APPROPRIATING FUNDS, IN THE AMOUNT OF $291Z04,
FOR THE OPERATION OF SAME, CONSISTING OF TWO GRANTS FROM THE
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION
(FDER), ENTITLED: "RECYCLING AND EDUCATION GRANT (FY 199)", IN THE
AMOUNT OF $172.025 AND "WASTE TIRE GRANT TY '99)", IN THE AMOUNT OF
S119.179.
Chairman Plummer: Item 7. Solid Waste Reduction. Receiving of two grants, two hundred
ninety-one thousand two hundred and four dollars ($291.204). Moved by Sanchez. Seconded by
Regalado. Anybody wishing to discuss Item 7? Read the ordinance. This is on second reading.
Call the roll.
41 1 March 23, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "SOLID WASTE REDUCTION. RECYCLING
AND EDUCATION (FY '99)" AND APPROPRIATING
FUNDS. IN THE AMOUNT OF $291.204. FOR THE
OPERATION OF SAME, CONSISTING OF TWO GRANTS
FROM THE STATE OF FLORIDA. DEPARTMENT OF
ENVIRONMENTAL REGULATION (FDER). ENTITLED:
"RECYCLING AND EDUCATION GRANT (FY '99)", IN
THE AMOUNT OF $172,025 AND "WASTE TIRE GRANT
(FY 99r, IN THE AMOUNT OF $119,179; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS. IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID GRANTS; CONTAINING A
REPEALER PROVISION AND A SEVERABILI Y CLAUSE.
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of February 23, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11772
The Ciry Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Chairman Plummer: Mr. Patterson. Twenty-third alley east of 4"' Avenue, the —it's a back alley.
I beg of you, sir, to go in there and look at the amount of backup of garbage that is piling up
every day. Not garbage, trash.
Mr. Clarence Patterson (Director/Solid Waste Department): Twenty-third...
Chairman Plummer: Twenty-third alley, east of Biscayne Boulevard. All right. The Mayor...
Commissioner Regalado: Mr. Patterson, another for your record and this I requested several
times but haven't got around to do it. It's behind Southwest 22ad Avenue and 12'" Street, there.
are two abandoned cars and a lot of trees. That's an alley.
42 March 23, 1999
Chairman Plummer: That's NET (Neighborhood Enhancement Team)office.
Commissioner Regalado: Twenty —I know but I called the NET office but...
Chairman Plummer: Nothing happens?
Commissioner Regalado: The NET .office director has been moved to downtov.-n, and it's a
situation there: So, I'm directly telling...
Chairman Plummer: Mr. Manager, you so note?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: Yes, sir. The Mayor has asked that Item 9 be held until his arrival this
afternoon.
18. ACCEPT BID OF CHI-ADA CORPORATION — FOR PROVISION OF CUSTODIAL
SERVICES AT THE MIAMI RIVERSIDE CENTER (MRC — , IN AMOUNT NOT TO
EXCEED S92,098, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL
ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR, FROM ACCOUNT
CODE NO.504000.421901.6340.
Chairman Plummer: Items 11 and 12 both are for the Riverside. The first one is for custodial
services. An awful lot of money.
Commissioner Sanchez: A lot of money. A lot of money.
Chairman Plummer: Did this go out to a bidding process?
Mr. Donald Warshaw (City.Manager): Yes, sir.
Commissioner Regalado: Mr. Chairman, I have a few questions on that one.
Chairman Plummer: Mr. Sanchez.
Commissioner Regalado: How many security staff will they be providing?
Ms. Judy Caner (Director/Purchasing): I didn't hear you, sir.
Commissioner Sanchez: Staff. How many securities will they be...
Chairman Plummer: Well, excuse me. We're on custodial first.
Commissioner Sanchez: OK. Still, the firm. Ninety-two thousand dollars ($92,000) to provide
custodian at the MRC (Miami Riverside Center). That's a lot of money. How much did you pay
last year)
Mr. Steve Shaw: Sir. Steve Shaw, MRC Facility Manager. 444 Southwest 2"d Avenue. Sir, the
last year of this contract period represents a —actually, sixteen thousand dollar ($16.000) plus or
nine point nine two percent reduction from the last period.
Commissioner Sanchez: So, there's a reduction from last year's to this year's?
Mr. Shaw: Yes, sir. Yes, sir. Not only a reduction, also increased services.
Chairman Plummer: You know what's funny, they have all of this ninety-two thousand to
protect them down at the Riverside Center. All we've got is Mike.
Commissioner Sanchez: Mike, you -re getting a raise.
Chairman Plummer: We got Mike.
Commissioner Sanchez: You're going to get ninety-two thousand dollars ($9;�000) a year.
43 March 23, 1999
Chairman Plummer: OK. No, no, I'm talking about the security. I mean, they've got
unbelievable security down there. You can't move without being on a video camera and all we
have at City Hall is Mike. Now...
Commissioner Regalado: Oh, we have cameras here too. Hidden cameras.
Chairman Plummer: Where? You know —I mean, am I. crazy? Why do they need all of that
security in that building?
Mr. Warshaw: You want us to address the security issue?
Chairman Plummer: I mean, you know, it's like the Police Department. They've got seven
hundred policemen in there and they need the sophisticated system of hundreds of thousands of
dollars to protect seven hundred policemen inside of the building.
Mr. Warshaw: Which part do you want me to address?
Chairman Plummer: I don't care.
Vice Chairman Gort: I have a question.
Chairman Plummer: You're wasting my money anyway you go.
Mr. Warshaw: As far as the custodial services go, Item Number 11 is basically for cleaning a
building...
Vice Chairman Gott: Maintenance of the building.
Mr. Warshaw: Yes, sir.
Vice Chairman Gott: OK.
Mr. Warshaw: It's open seven days a week. People working all hours of the day or night.
Talking about, you know, the cleaning of a 10-floor building, bathrooms, carpeting. I mean, it's
a full service facility open around the clock.
Chairman Plummer: Have we thought about —because we have more than one facility —of
creating an in-house? I mean, we have the Police Department, we have the MRC building: we
got City Hall. Have we thought about possibly doing it in-house to try to save money? Creating
jobs for city people, whereas, ninety-two thousand is going to a company on 163`d Street way out
of the city Limits. Have we thought about that?
Mr: Warshaw: Commissioner, if _you'd like us, in the future, to take a look at —you're talking
about the hiring of...
Chairman Plummer: Mr. Warshaw.
Mr. Warshaw: ...three to five people.
Chairman Plummer: Sir, at every time you move, 1 want you to first and foremost think about the
people who are paving your salary, the City of Miami residents. They need jobs. Of the
twenty-six thousand people who are out of work and unemployed in this community, eighty
percent of them are in the City of Miami. And now we're going to take another contract? You
know. take it from there.
Mr. Warshaw: Commissioner, I am advised that most of the employees of this particular
company that work in the building are city residents. But I'd also like to point out...
Chairman Plummer: It's not where they pay their taxes. They pay their taxes on 163d Street. To
the best of my knowledge, it's still the County.
,
44 March 23, 1999
Ms. Carter: Sir...
Mr. Warshaw: This is a very difficult responsibility to administer...
Chairman Plummer: Custodial?
Mr. Warshaw: Yes, it is. And with a very high turnover rate and because of the civil service
system and the method by which we hire people, is where the responsibility of cleaning the
building goes with the contractor. It is the contractor's responsibility to ensure that the work gets
done.
Commissioner Regalado: Mr. Manager. I...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: 1 agree with you on that concept. I think that, if we were to go in-house.
providing insurance, it'll be more money than this. I'm just saying that, at least to me, when 1
look at this, ninety-two thousand dollars ($92,000) is a lot of money...
Chairman Plummer: Absolutely.
Commissioner Sanchez: ...for janitorial services. Ws a lot of money. You know, this city is just
recuperating from a financial crisis. Ninety —we're trying to save as much money as we can on
everything, and when you look at this —and now you're telling me it's a reduction. 1 still think
Ws a lot of money. Ninety-two thousand dollars ($92.000) 10 floors —how many people do they
have employed? What 10, 15, 16? You said 16, correct?
Mr. Warshaw: No,1 didn't give you a number.
Commissioner Sanchez: I thought somebody said a number.
Mr. Shaw: Sir, the —when the nighttime crew takes over, that's up to the janitorial company to
use how many people because it's based on —they work until the job's done. During the
davtime—and, possibly, you're mislead in terms of what these people do. It's not just clean up
during the day. We use two people for the daytime period, which also serve as handymen, which
would cost us a lot more money to bring somebody else in to do that kind of services.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Any further question on custodial?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
'Commissioner Teele: I want to be on the record. I'm very uncomfortable with this kind of
discussion. If —we have every right to write anything into the bids. The bids all come to us. We
could write in anything we want but once there's a bid that goes out and once everybody bids on
it competitively, we're doing the best thing for the citizens of this community in getting the
lowest bid. And if we wanted to select someone other than the low bid, then we would be doing
a disservice. I really do think that one of the ways we, as a city, continue to get ourselves in
trouble is. we undermine our own processes here. This is a bid, right?
Ms. Carter: Yes, sir.
Mr. Warshaw: Yes, sir.
Commissioner Teele: How many people bid?
Mr. Warshaw: Eight.
45 March 23, 1999
Ms. Carter: Eight individuals. Eight firms, yes. '
Commissioner Teele: Eight people bid. The bid came in lower than last year by sixteen percent.
1 mean, I don't get it, folks. What's up? Is there something wrong with the bidder' Is there
something here? 1 mean, a bid...
Ms. Carter: No, sir.
Chairman Plummer: Mr. Teele, may I...
Commissioner Teele: No, no, no, no, J.L. A bid is a bid and once you bid on something —ire
write the RFP (request for proposals).
Chairman Plummer: No, we don't.
Commissioner Teele: If we want to write in that-RFP...
Chairman Plummer: No, no.
Commissioner Teele: When that bid comes to us, every one of these bid documents comes to us.
Chairman Plummer: No.
Commissioner Teele: Did this bid document come to...
Chairman Plummer: No.
Ms. Carter: No, this is not an —well, let me —allow me to say a couple....
Commissioner Teele: Was this a bid?
Chairman Plummer: Yes.
Ms. Carter: This was an invitation for ? Bid, not an RFP.
Chairman Plummer: But you never saw it: neither did I.
Commissioner Teele: Did it ever come before the Commission?
Ms. Carter: No. No bids come before the City Commission...
Chairman Plummer: That's my point.
Ms. Carter: ...until they're recommended for award. But what I wanted to add...
Chairman Plummer: They write into the bid anything they want.
Ms. Carter: Commissioner Plummer, let me add this.
Chairman Plummer: OK.
Mr. Warshaw: But. Commissioner...
Chairman Plummer: And I'm not saying that they're doing something wrong, but it's like the
guy who said "you insulted me." And 1 said, "why?" He said, "you asked me to bid on police
motorcycles and I'm a Suzuki dealer, but you send me an RFP out of the back of a Harley book."
Read between the lines.
Ms. Carter: No. sir. No, sir.
Mr. Warshaw: Mr. Chairman, I wanted to assure you, we write into the bid what's in the
absolute best interest of the tax payers.
Chairman Plummer: In your opinion...
46 March 23, 1999
Mr. Warshaw: At the best price.
Chairman Plummer: ...this Commission might have a different opinion and it's our oath on the
line.
Commissioner Teele: J.L., the only thing that I'm suggesting is this. I agree with your point. that
we encourage our vendors to hire from the City of Miami.
Chairman Plummer: Absolutely.
Commissioner Teele: We should write into these invitation to bids first source hiring.
Ms. Carter: Sir, we have that. I was attempting to make this comment early on, and that was to
say that, for every service contract that we issue, that's an invitation for bid, we require first
source hiring. The Department of Community Development has a section that is responsible for
ensuring that that particular portion of the contract is applied. So, therefore, as relates to cite
residents, yes, there's a responsibility for every firm to employ city residents. Yes, do we have a
monitoring to ensure that compliance? Yes. It is housed in the Department of Community
Development.
Chairman Plummer:. And let me sav for the record. She has done a marvelous job of going out
and contacting local vendors to try and get their participation. OK. But I'm still of the opinion
that says, "charity starts at home.'
Vice Chairman Gort: Mr. Chairman, can 1 get a chance to speak?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: How long have we been in this building?
Mr. Warshaw: The MRC building?
Vice Chairman Gort: Three years? Yes.
Mr. Shaw: Approximately, three and a half years, sir.
Vice Chairman Gort: Three and a half years?
Mr. Shaw: Yes, sir.
Vice Chairman Gort: One of the biggest fears that I have had when we purchased that
building —it's a beautiful buildinc—the maintenance of it. And let me tell to'
have to tell
you, for a public facility. it's maintained ven', very well. The equivalent? to the private sector.
And I think that a terrific job is being done there. I believe, in the past, we had people —when
the staff tried to do this work. cost us a lot more and the performance was not as good a quality.
And I have to defend this point here. I think, if you do an analysis between --Charlie, do an
analysis. How many people we can put to work and what would it cost the City compared to
this. and I'll vote on that.
Mr. Charlie Cox (President. American Federation. State. County, and Municipal Employees):
But we never had staff there.
Vice Chairman Gorr OK. Well, now you have the chance. Go out -and look at it and tell me
how many people -you can put to. perform this job and if you can think you can do it cheaper, we
should bid for it.
Chairman Plummer: Absolutely.
Vice Chairman Gort: I don't have any problem with that.
47 March 23, 1999
Chairman Plummer: Moved by...
Vice Chairman Gort: If we could be as good a performance and do it for less or the same. I don't
have any problem with that.
Chairman Plummer: Moved by Mr. Gort. Seconded by Mr. Teele. Item I I. All in favor. sa%
..aye „
The Commission (Collectively): Aye....
Chairman Plummer: Any opposition? Show unanimous ballot.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-188
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF CHI-ADA CORPORATION FOR THE PROVISION OF
CUSTODIAL SERVICES AT THE MIAMI RIVERSIDE CENTER
(MRC), ON A CONTRACT BASIS UNTIL SEPTEMBER 30, 1999, IN
AN AMOUNT NOT TO EXCEED $92,098, WITH THE OPTION TO
EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS THEREFOR, FROM ACCOUNT CODE NO.
504000.421901.6.340; REQUIRING BUDGETARY APPROVAL FOR
THE OPTION PERIODS.
(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.
19. ACCEPT BID OF GABRIEL SECURITY CORPORATION, INC — FOR
PROVISION OF SECURITY GUARD SERVICES AT NIIAMI RIVERSIDE CENTER
(MRC -- FOR AMOUNT NOT TO EXCEED $92,880,) — ALLOCATE FUNDS
THEREFOR, FROM ACCOUNT CODE NO. 504000.421901.6340; REQUIRING
BUDGETARY APPROVAL FOR ENSURING OPTION PERIODS.
Chairman Plummer: Item 12 is the security.
Vice Chairman Gort: Excuse me. J.L.?
Chairman Plummer: Mr. Gort.
49 March 23, 1999
Vice Chairman Gort: Mr. Manager?
Mr. Donald Warshaw (City- Manager): Yes. sir.
Vice Chairman Gort: Let me do this. Anywhere where we have •a subcontractor a-ith—%%e
should give the Union an opportunity, if they want to bid for it. to come and bid for it and
maintain the same standards. And I don't have any problem with that.
Chairman Plummer: OK.
Mr. Warshaw: We will.
Chairman Plummer: Item 12. the security guard service for another ninety -tyro thousand dollars
($92,000). Mike, you are really getting short changed. Is there a motion? Moved b% Teele.
Seconded by...
Commissioner Regalado: I'll second.
Chairman Plummer: By Regalado.
Commissioner Sanchez: Was that a bid —was it less —did they bid less or is this one more?
Mr. Steve Shaw: Yes, sir. This is also a reduction.
Commissioner Sanchez: How much of a reduction?
Mr. Shaw: Close to thirty thousand. It's twenty-nine thousand or fifteen point three percent.
Commissioner Sanchez: Second.
Chairman Plummer: OK. All in favor, say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: Opposition? Show mine as a negative vote. I'm not going to spend that
kind of money to defend that building when they don't do a thing here. I don't think it's needed
here and 1 don't think it's needed there. You can put a PSA (Public Service Aide) on the front
desk down there, just like you do here.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO: 99-189
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF GABRIEL 'SECURITY CORPORATION, INC. FOR THE
PROVISION OF SECURITY GUARD SERVICES AT THE MIAMI
RIVERSIDE CENTER (MRC). ON A CONTRACT BASIS UNTIL
SEPTEMBER 30. 1999. IN AN AMOUNT NOT TO EXCEED S92,880,
WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL
ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR,
FROM ACCOUNT CODE NO. 504000.421906.340. REQUIRING
BUDGETARY APPROVAL FOR THE ENSURING OPTION
PERIODS.
49 March 23, 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.
Mr. Warshaw: Mr. Chairman, if I can just make a brief comment.
Chairman Plummer: Make any comment you want.
Mr. Warshaw: Steve Shaw, who is the manager of the building —and it's a rarity for him to be
down here. He's a City of Miami employee. He's been running that building since the very
beginning and I have to tell you that he treats that facility, as Commissioner Gort said, as if it was
his own home. and takes tremendous pride. He's there all hours of the day and night, on
weekends. I just wanted to publicly thank him because he's really done a remarkable job.
Chairman Plummer: Give him a gun and a badge and we don't need the security office.
Mr. Shaw: We'll take Mike also, sir.
20. INSTRUCT MANAGER TO PROCEED ON EMERGENCY BASIS WITH
INFORMAL COMPETITIVE PROCESS FOR LEASE OF OFFICE SPACE FOR
OFFICE OF WORK FORCE DEVELOPMENT, AT 9325 NORTHEAST 2 AVENUE.
Chairman Plummer: Item 13. Item 13 is a rental of the building for Community Development to
do the Jobs Program at 8325 Northeast 2"d Avenue. Is there a motion? Well. OK.
Commissioner Teele: Can we have a discussion on it first?
Chairman Plummer: Absolutely. You want to present your case first and then anybody else can
present theirs.
Ms. Laura Billberry: Good morning. Lori Billberty, Director of Asset Management. This item
was continued by the Commission at the meeting of February 23`d- and some concerns were
raised and responses have been supplied in your packet. But just to highlight a couple of the
concerns. The rental —we have talked with different landlords in the area. The other rentals that
have been proffered are in at the lowest. like nine dollars ($9) a square foot. That did not include
utilities. nor garbage pick-up. nor the build out.
Chairman Plummer: But why is it on the agenda?
Ms. Billberrv: By the time you add the cost to those items, it will well push above the thirteen
dollars ($13) a square foot that we will be paying under this lease. Additiohally, the landlord has
50 March 23, 1999
proposed to spend eight hundred and fifty-eight thousand dollars ($858.000) in improvements to
build it to the standards that are required for work force development. including building offices.
classroom space. workshop space, putting in new lighting. installing an elevator and so forth.
Chairman Plummer: Let me ask a question.
Ms. Billberry: Yes.
Chairman Plummer: What we talked about before. that it hinged on. was the parking.
Ms. Billberry: 'We have...
Chairman Plummer: And I think they had to provide seventy-five parking spaces, am I correct"
Ms. Billberry: Yes.
Chairman Plummer: Do they have an airtight, watertight commitment on the parking spaces?
Ms. Billberry: We have two letters of a commitment. One for space immediately next door and
one with the Department of Off -Street Parking for fifty-two spaces on the Off -Street Parking site.
Chairman Plummer: is it a total of seventy-five, as required?
Ms. Billberry: Seventy-six.
Chairman Plummer: Thank you. Do you have anything else to say? Dr. Pierre, you have two
minutes.
Mr. Laurinus Pierre: OK. Laurinus Pierre,.8260 Northeast 2"d. I have with me two real estate
brokers that work in the area. They will be speaking. But beside the fact that programs are being
implemented in the community, that fell before in the same property, same place, the
Miami -Dade Community College tried this program, job placement, about 13 years ago. There
was never been a need assessment — a needs assessment done by the staff to conclude that this
program would work there. I have serious questions about that. But, as far as the parking
concern, I can address this. I have a picture here that I can share with you showing you the
address there. It's 8301, where they say there will be 24 parking spaces that will be promised,
that will be delivered by the. owner. In fact. there are two parking space in front of the place.
This is a small complex, owned by three businesses. And 8301 is a church. Number two, the
other parking space that is scheduled, that the owner say it will provide to the building, is located
right behind my building, which is two blocks away and that means for someone to come to
8325. They will have to cross the block. One, the main artery, park the car behind the space
where —behind my building and walk over. So. there is no parking space. There are about
twenty something parking space in the area that is to be shared by three businesses. So, 1 yield to
m% colleagues here. They are real estate brokers in the area. And as far as competitive analysis
so. we have proof that somebody —the building across from the property, 8340. the price is for —
the price for square feet is go as far as fifty-nine cents ($0.59) per square foot. And I'll let the
experts talk to —on this matter. Your name and address.
Mr. Carmeis Jacob: And 1 don't know if I'm an expert. Good morning. My name is Carmeis
Jacob and I've been involved in the real estate business...
Chairman Plummer: Your mailing address, please, sir.
Mr. Jacob: OK. My name is Carmeis Jacob and my address —my business address is 2525
North State Road 7. That's in Hollywood but I do have a business in the area, in the Miami area.
And I'm the treasurer of Center for Haitian Studies, which used to occupy this same building. 1
know the building very well and I've done lots of negotiations with the owner of the building,
Mr. Girkins (phonetic) for many years, for Center for Haitian Studies. 'V_ were not talking
51 March 23, 1999
about that kind of money. I can understand that the Commission want to do something good for
the area. I'm all for that because I've been living in the area for nearly 30 years and been ven
involved .in the Haitian community. I understand, if you are going to do something like that, you
can definitely get the same service provided in the existing —some of the existing buildings in the
area for, at least, about half of that kind of money. So. my concern is. as a real estate broker. I'm
concerned because I know that the numbers are not there but, secondly, as a Haitian -American in
the Haitian community. I'm very concerned when those kind of big moneys supposedly coming
in and they leave with the same person who bring them in. Because giving this business to this
building in the wav that it's proposed to be given to them. when there are so many other existing
buildings in the area, and I would volunteer my time, if it's a project for the Haitian community.
to help find a better —a lots better deal for the City. for the Haitian community. For this. I don't
need to get paid commission. But I know this is a very bad deal for the City and it's a very, very
bad deal for the Haitian community because when you hear it on the news that so much money
coming in to the community and then other people--0ther communities thinking that we are
getting so much money in the Haitian, but we are not getting it because the money leaves with
the people who bring it in.
Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Before this goes too far, what's wrong with just going out with a bid? Did
we ever go out with a bid? Has there been a bid? I mean, everybody's got calculations and
imputed costs and all of that. Look; we just went through this discussion. Why not go out with
an abbreviated process, invite people to bid. Anybody who wants to bid. You know, you tell
them electricity, water, sewage, parking, et cetera. and all of that. I mean, I don't see why we're
going around in circles. It's very, very clear that the community that you're trying to put this
program. to some extent, is up in arms about the way this is going. 1 will support any decision of
the management that is based on a competitive and fair process. And if Mr. Pierre has a building
and he wants to bid his building and someone else -but 1 think, the same way that GSA (General
Services Administration) — the same way that the federal GSA does it, they do a square block
area. They say, "these square blocks are limited to these square blocks. Anybody who wants to
build a building or offer a facility and it has this requirement, that requirement, the other, give us
an invitation." You don't have to have a formal bid process. But I think the whole issue here is
that there's got to be a fair process that's open to everyone. and selecting one piece of property in
a community as fragile as Little Haiti. We're just seeing the Chief of Police talking about the
killings there. It's the full of the newspaper today. I think people have a legitimate right to want
to have some control over their destiny, in their community. I don't think it's an absolute right
that -you have, but the only thing that I'm asking. Mr. Manager, is simply this. Have you gone
out and let evervbodv bid on a document or present informal or formal proposals to you in a
structured way so that we're not imputing costs and saying something-1 mean, you know, we
say we want electricity. We say we want garbage. We say we want, you know, the various items
that you want. Have you done that vet?
Mr. Donald Warshaw (City Manager): ,No. And, Commissioner, I'm going to ask Ms. Bianchino
to take you through the process. But the answer is no, we haven't gone through a bid process.
We -did go out, as we do whenever the City wants to be involved in a lease situation and shop the
market place. And the staffs recommendation' is that this is a good deal for the City to
rehabilitate, with private monies, eight hundred and fifty thousand dollars (S850,000) of building
that's basically falling apart and bring it back to life, I feel, and I know the staff feels that this
52 March 23, 1999
would be a plus for the neighborhood and for the area. and that's one of the reasons we reall%
feel so strongly about this, that thisbuilding has ari,opportunity now,to come back to life. And
I'd like, Dena, if you can just explain what the process was.
Ms. Dena Bianchino (Assistant City Manager): We did not _go out for a formal bid: howvever.
whenever we lease property, we always go into the target area. which was established by Work
Force Development in terms of the neighborhood from which their clients are going to come.
We talk to all the comparable office owners. You have in your package the rates that they quoted
us: that they would charge us. This was in fact the best deal for the Cite. We will have a
customized space for our needs, with an investment eight hundred thousand dollars ($800.000)
that will raise the tax rate on the building for the City of Miami. All services are included in this.
I think there's something very important in here that we need to understand. We have the right in
this lease to walk away if we lose our funding. I don't know too many landlords who would
spend eight hundred thousand dollars ($800,000) on a building and, then, allow us. if we lose our
funding within six months, to say, "I'm sorry. We lost our funding. Goodbye." This is a very
important part of the lease and this gentleman has agreed to it. So, we feel we have gone through
the neighborhood; we looked at comps; we talked to other owners, including some of the owners
that are sitting here today, and we think this is the best deal for the City.
Commissioner Teele: But Mr. Manager —Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: What's wrong with going out and get —I mean, if what you're saying is
right. it will be validated in an expedited bid process. This could have been done —it would take
30 days to do what you're talking about doing. And if you're right, you're going to be right. But
suppose you're wrong? Suppose someone else will put up eight hundred thousand dollars
($800.000)?
Chairman Plummer: All right. all right. Either we're going to proceed or we're going to throw
this out and go back to another bidding process.
Commissioner Teele: Not another. That's the problem.
Chairman Plummer: Let's don't waste anymore time. You want to throw it out? If you do.
make such a motion. If you don't, then let's go ahead and try to make a deal.
Commissioner Teele: Mr. Chairman. I would move that the Manager be instructed to go out with
a bid process. a competitive process. that would require four/fifths vote right now, on an
expedited basis or an emergency basis. that would allow for an informal process in which all
areas. as defined within —by the city management. would be able to bid on this and to have an
objective process so that the City gets the best deal.
Chairman Plummer: Is there a second?
Commissioner Regalado: Second.
Chairman Plummer: OK. All in favor. sav -ave."
The Commission (Collectively): Ave.
Chairman Plummer: Any opposition? Thank you. We want everybody back in 30 days.
53 March 23, 1999
The following motion was introduced by Commissioner Teele. who moved its adoption:
MOTION NO.99-190
A MOTION INSTRUCTING THE CITY MANAGER TO PROCEED
ON AN EMERGENCY BASIS WITH AN INFORMAL
COMPETITIVE PROCESS FOR LEASE OF OFFICE SPACE FOR
THE OFFICE OF WORK FORCE DEVELOPMENT. SAID PROCESS
TO REQUIRE A 4/5THS VOTE OF THE CITY COMMISSION. AND
PROVIDE THE CITY WITH THE BEST DEAL POSSIBLE.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
21. COMMENTS FROM COMMISSIONER REGALADO IN CONNECTION WITH
CITY MANAGER'S DIRECTIVE ADVISING EMPLOYEES TO ROUTE INQUIRIES
FROM ELECTED OFFICIALS TO DIRECTORS
Commissioner Regalado: Mr. Manager, just a question.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: ...regarding Community Development. I have a —I sent you...
Chairman Plummer: What item. Mr. Regalado?
Commissioner Regalado: Well. this same item. It's not —it's related: It's about Community
Development. since we're discussing community development. It's a memorandum that 1 request
an answer from you. It's a directive from Gwen Warren to all staff explaining the City
Manager's directed to the fact that no one is authorized to speak with any City Commission
and/or their staff on City business. other than the director of the department. This is your
directive. Mr. Manager?
Mr. Donald Warshaw (City Manager): Commissioner —and you and I discussed this on the
record. so everyone is aware of it. I told you that the directive was that employees of the city, all
right. so that there is a funneling of information, are to direct any inquiries they have from any of
the elected officials —the Mayor or the Commission —to the department director so that the
director is aware and will be able. to respond.
Commissioner Regalado: So this is wrong?
54 March 23, 1999
s
Mr. Warshaw: That's correct.
Commissioner Regalado: No, no. This is wrong.
Mr. Warshaw: That's correct. it is wrong. And as 1 also told you when we spoke, the intent is
not.to have city employees not be permitted to talk to elected officials. Am_ elected official can
speak to any city employee about anything at any time; however, when it involves requests or
analyses or reports or what have you, that the department director needs to be aware. so that the%
can make me aware, so that I can, then, address you.
Commissioner Teele: But not about anything?
Mr. Warshaw: Well, most anything.
Commissioner Regalado: So, this is wrong?
Mr. Warshaw: Yes, sir.
Commissioner Regalado: OK.
Chairman Plummer: All right. I mean, we're going to be here until midnight.
22. AUTHORIZE SIX MONTH EXTENSION, FROM MARCH 29 - SEPTEMBER 29,
1999, TO ATTACHED PROFESSIONAL SERVICES AGREEMENT WITH MODIS
CORPORATION, — FOR PROCUREMENT OF COMPUTER PROGRAMMING
SERVICES — FOR DEPARTMENT OF INFORMATION TECHNOLOGY — FURTHER
INCREASE PAYMENT FOR SAID SERVICES IN THE AMOUNT OF $25.000, FROM
$50,000 TO S75,000 — ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.460101.6170.
Chairman Plummer: All right. Fourteen, computer programming, seventy-five thousand dollars
($75.000). It's an extension of time.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman.
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: There is a substitution of the resolution. The resolution, included in vour
package, incorrectly states the amount of the increase.
Chairman Plummer: How much is it?
Mr. Vilarello: The resolution should say, "an increase in the amount of seventy thousand —
seventy -five thousand dollars ($75,000) from fifty to a hundred and twenty-five thousand dollars.
Chairman Plummer: So noted as amended. Moved by Gort. Seconded by Sanchez. All in favor,
say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: Opposed? Show unanimous.
55 March 23, 1999
The following resolution was introduced by Commissioner Gom who moved its adoption:
RESOLUTION NO. 99-191
A RESOLUTION OF THE- MIAMI CITY COMMISSION.
AUTHORIZING A SIX MONTH EXTENSION, FROM MARCH 29 -
SEPTEMBER 29, 1999. TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MODIS CORPORATION UNDER EXISTING
STATE OF FLORIDA CONTRACT NO. 973-584-99-1, FOR THE
PROCUREMENT OF COMPUTER PROGRAMMING SERVICES
FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY,
AND INCREASING PAYMENT FOR SAID SERVICES IN THE
AMOUNT OF $75,000, FROM $50,000 TO $125,000; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SAID
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EVIDENCE SAID EXTENSION; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.460101.6.270.
(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:
F
NAYS: None.
ABSENT: None
23. WITHDRAWN BY ADMINISTRATION: DENYING THE REQUEST OF MIAMI-
TELECOMMUNICATIONS, INC. ("TCI") PURSUANT TO THE ASSET EXCHANGE
AGREEMENT, DATED OCTOBER .9, 1998, WITH MEDIAONE OF NORTHERN
ILLINOIS. INC ("MEDIAONE") AND CERTAIN OF ITS AFFILIATES
Chairman Plummer: Mr. TCI (Telecommunication, Inc.). Mr. Media0he. Mr. AT&T (Atlantic
Telephone & Telecommunications).
Commissioner Regalado: Mr. Com Cast.
-Chairman Plummer: Yes.
Commissioner Teele: On the item you all just passed, it's in the budget? I mean, its part of the
budget process?
56 March 23, 1999
Chairman Plummer: Mr. Manager: Item 14 is a budget item?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: Thank you. There is a motion to deny the request of MediaOne. No. deny the
request of TCI. is there a motion? Wait, wait. wait. Is there a motion?
Vice Chairman Gort: Yes.
Chairman Plummer: Moved by Gort. Seconded by Regalado.
Commissioner Regalado: Wait, wait, wait. First...
Chairman Plummer. Under discussion.
Vice Chairman Gort: That was a request.
Chairman Plummer: That was a request. It's on the agenda this way.
Mr. Warshaw: It changed.
Commissioner Regalado: First of all. Matt, if we can start with a brief summary of what has been
happening since last night. Com Cast has become the major player in the cable system in South
Florida. So, MediaOne and TCI out, is that correct?
Mr. Matthew Leibowitz: Yeah. First of all, just noting a correction. What you have before you is
an item to deny the MediaOne transfer, not the — TCl/AT&T&. You already passed that on a
conditional basis. What you have. before you is an item I requested the administration to put on to
dem- the MediaOne transfer on the basis that, although we've made some progress since we last
met. it's been a snail's pace and, most importantly, as you may remember, one of the arcane issues
here is 120-day time frame, which the parties argue about, debate about. And, finally, last night, at
about 7:30A got a written extension of time, so the Commission no longer is required under Federal
Statutes. arguably, to protect its interest and act. So, you know. just formally, I would ask you not
to move forward on this item. However, let me fill in some of the gaps, where we were and where
we are and, then. the new player, Com Cast. As you're aware, you passed, on a conditional basis,
the AT&T transfer. From there, we had to negotiate and finalize an ordinance and franchise.
Because of the MediaOne transfer takeover — potential takeover, we had to get them involved.
We've gone forward on a snail's pace but, actually, made some progress. We've made some
progress on the issue of the HUD facility. I think. We've made some progress. I think, on the wiring
of schools and the parks. Commissioner Teele. And notice. I'm saying "I think" because none of
this is in writing vet.
Commissioner Teele: Parks first, and then schools.
Mr. Leibowitz: Yes, sir. And, also, other afternoon Daycare facilities, so it's beyond just parks.
We've made some progress. although not anywhere wherewe need to on the institutional network.
We've had some generic presentations but we're nowhere close to that issue, which I consider to be
the mayor outstanding issue. And, then, as you probably are aware from the publicity, GTE
marched into Dade County and raised this question of open access, which pui-werything aside and
57 March 23, 1999
the focus turned to Dade County. You know, we were very prepared for that issue. And. in fact. as
you may recall in the AT&T transfer, we already dealt with that issue.' in my judgment. in the most
favorable way any city in the country has done that. by adopting language from the favorable
nation's clause, as well as including in revenue. So. we're well ahead of the curb on that. That so
far ahead of the curb, MediaOne asked us to come back. change that language. 1 refused. But that's
still going to be potentially tinkered with. So, we have a lot to go. We have agreed with MediaOne.
prior to yesterday's announcement, that we would move forward on a very aggressive — and I use
that again guardedly — schedule, such that we would be in front of you at your last meeting in the
month of April with the ordinance and _then your first meeting in May. which is May 1 I th. we
would be in front of you with the second reading of the ordinance, the renewal of TCI. ATILT and
the consent to MediaOne. We have to set forth very specific negotiating sessions internally, if the%
meet that and if they meet our terms. and we get a writing inadequate time and that's the key. Both.
that we get the terms we want and the timing, we could wrap up this portion of the process on May
1 Ith; however, as you mentioned, yesterday we had a new event and the new event is...
Chairman Plummer. So, what are you asking us to do today, defer this item?
Mr. Leibowitz: To defer this item, yes, sir.
Chairman Plummer. OK.
Mr. Leibowitz But I was just trying to respond to Commissioner Regalado's...
Chairman Plummer: All right. There's a motion to defer by Gort. Seconded by Sanchez.
Commissioner Regalado: Just a question. We don't have — if we defer or if we deny, we don't have
any problems with 120 days window?
Chairman Plummer: The Manager has withdrawn the item.
Mr. Leibowitz: OK. Correct. The answer...
Chairman Plummer: Which is within his purview.
Mr. Leibowitz: And the answer is correct. we have an extension until the last meeting in April. So.
we're protected on that issue.
58 March 23, 1999
24. RATIFY/,APPROVE/ CONFIRM CITY MANAGER'S FINDING OF EMERGENCY-
- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS - APPROVE
EMERGENCY PURCHASE AND INSTALLATION ON AN AIR CONDITIONING UNIT
AT NEW MARINE PATROL OFFICE LOCATED AT THE MLAMI YACHT CLUB ON
WATSON ISLAND FROM TOTAL AIR SERVICES, INC. — U%i AMOUNT NOT TO
EXCEED S5,950, - FOR DEPARTMENT OF POLICE - ALLOCATE FUNDS FROM
POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.840.
Chairman Plummer: Item 15. Thank you,.Matt..
Mr. Matthew Leibowitz: Thank you.
Chairman Plummer: Air conditioning. The marine patrol, who's on the water and don't have
enough breeze going through their window. Five thousand nine hundred and fifty dollars ($5.950).
Commissioner Regalado: SIt's hot.
Chairman Plummer:. Moved by...
Commissioner Regalado: It's a lot of dust.
Chairman Plummer: A lot of doubt, yes. Regalado and — what? Seconded by Gort, All in favor of
air conditioning the marine patrol, say (unintelligible). Hello, hi. Show it no — unanimous. No
negative votes.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-192
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING, AND CONFIRMING THE - CITY
MANAGER'S FINDING ' OF AN EMERGENCY, WAIVING THE
REQUIREMENTS _ FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE EMERGENCY PURCHASE AND
INSTALLATION ON AN AIR CONDITIONING UNIT AT THE NEW
MARINE PATROL OFFICE LOCATED AT THE MIAM1 YACHT
CLUB ON WATSON ISLAND FROM TOTAL AIR SERVICES. INC.,
IN AN AMOUNT NOT TO EXCEED $5.950.00. FOR THE
DEPARTMENT OF POLICE. ALLOCATING FUNDS THEREFOR
FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 001000.290201.6.840; ' FURTHER, RATIFYING,
APPROVING. AND CONFIRMING THE CITY MANAGER'S
ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THIS
EQUIPMENT.
59 March 23, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr
Chairman J:L. Plummer, Jr.
NAYS: None.
ABSENT: None.
25. RATIFY/ APPROVE/ CONFIRM CITY MANAGER'S FINDING OF EMERGENCY -
- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS — APPROVE
EMERGENCY PROCUREMENT OF PRE -EMPLOYMENT PSYCHOLOGICAL
SCREENING & PSYCHOLOGICAL COUNSELING SERVICES FROM LAW
ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC — FOR
THE PERIOD JANUARY 1 - APRIL 30, 1999, IN AN AMOUNT NOT TO EXCEED
$103,000, — FOR DEPARTMENT OF POLICE — ALLOCATE FUNDS FROM FY 98/99
POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NOS.
001000.290201.6.260 ($65,000) AND 001000.290201.6.270 ($38.0001.
Chairman Plummer: Item 16. an emergency. Hello. Waiving the competitive bids. Here we go
again., Psychological screening. psychological counseling, and all of that for a hundred and three
thousand dollars ($]03.000). And we just found out last night that this item is an emergency and
we didn't need it until last night. No competitive bidding. Emergency.
Captain Joseph Longueira: Commissioner...
Chairman Plummer: Item 16. " Is there a motion? Is there a motion?
Captain Longueira: Commissioner. we are in the middle of a competitive bid.
Chairman Plummer: So moved by Sanchez and seconded by Teele. All in favor, say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: Opposition? Show none.
60 March 23, 1999
The following resolution was introduced by Commissioner Sanchez. who -moved its adoption:
RESOLUTION NO. 99-193
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF . THE MEMBERS OF THE CITY COMM1SSIO \.
RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY. WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS. AND
APPROVING THE EMERGENCY PROCUREMENT OF PRE-
EMPLOYMENT PSYCHOLOGICAL SCREENING &
PSYCHOLOGICAL COUNSELING SERVICES FROM LAW
ENFORCEMENT PSYCHOLOGICAL AND COUNSELING
ASSOCIATES, INC., FOR THE PERIOD JANUARY 1 - APRIL 30,
1999, IN AN AMOUNT NOT TO EXCEED $103.000.00. FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR
FROM THE FY 98/99 POLICE GENERAL OPERATING BUDGET,
ACCOUNT CODE NOS. 001000.290201.6.260 ($65,000) AND
001000.290201.6.270 ($38,000); FURTHER. RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THIS
SERVICE.
(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.
26. APPROVE ALLOCATION. OF ADDITIONAL FUNDS, IN AMOUNT OF $493.000,
TO CONTINUE ACTIVITIES OF FORFEITURE FUND DETAIL — FOR
DEPARTMENT OF POLICE — ALLOCATE FUNDS FROM LAW ENFORCEMENT
TRUST FUND, PROJECT NUMBERS 690001, 690002. AND 690003.
Chairman Plummer: Item. 17. a resolution.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
61 'March 23, 1999
Commissioner Teele: Again, on the issue, the procurement is dated August 5th. 1998. in a letter
from Judv Carter to the Law Enforcement Psychological — and it anticipates that the Commission
will approve the issuance of the RFP (request for proposal) in September of'98. Now, you know.
here again, what this does is it puts the Commission in the position — everybody takes from Au_ust
until almost March and then, all of a sudden, the Commission's got to rubber stamp this and I just
think psychological testing is too important...
Chairman Plummer: Six months later.
Commissioner Teele: ...to debate. I mean, we all recognize the importance of it but the fairness has
got to be reciprocal and we don't like that so, please...
Mr. Donald Warshaw (City Manager): You're right, Commissioner. And there's going to be more
lead time on items like this, so that (inaudible).
Chairman Plummer: Item 17. Item 17.
Commissioner Regalado: Move it.
Chairman Plummer: Moved by Regalado. Seconded by...
Vice Chairman Gort: Gort.
Chairman Plummer: ...Gort. I would like a detailed — for myself, as well as the rest of the
Commission — of what this four hundred an ninety-three thousand dollars ($493,000) is going to be
used for. All in favor, say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-194
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ALLOCATION OF ADDITIONAL FUNDS. IN
THE AMOUNT OF $493,000, TO CONTINUE THE ACTIVITIES OF
THE FORFEITURE FUND DETAIL. FOR THE DEPARTMENT OF
POLICE; ALLOCATING SAID FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001. 690002.
AND 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED
BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA
STATUTE 932.7055. AS AMENDED, AND THE U.S. DEPARTMENT
OF THE TREASURY "GUIDE TO EQUITABLE SHARING."
62 March 23, 1999
(Here follows body of resolution. omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort: the resolution .vas 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: I None.
ABSENT: None.
27. (A). AUTHORIZE INCREASE IN AMOUNT NOT TO EXCEED $287,137.56, WITH
MARTIN'S LAMAR UNIFORMS, (NON-MINORITY/NIIANII-DADE COUNTY
VENDOR, 7230 NW 46 STREET, NIIANII, FLORIDA) - FOR PROCUREMENT OF
UNIFORM ACCESSORIES - FOR DEPARTMENT OF POLICE - ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.290201.6.075. (B).
AUTHORIZE INCREASE, IN AMOUNT NOT TO EXCEED $156,245.90, WITH
MARTIN'S "MAR UNIFORMS,)- FOR PROCUREMENT OF UNIFORMS - FOR
DEPARTMENT OF POLICE- ALLOCATING FUNDS THEREFOR FROM THE
POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.075.
Chairman Plummer: On Items 18 and 19...
Commissioner Teele: Wait, wait, wait. On Item 17.
Chairman Plummer: Yes, sir.
Commissioner Teele: Mr. Chairman. I continue to say on forfeitures on Law Enforcement Trust
Funds — you know. we have a particular problem in this community in law enforcement. It's not
necessarily in this Grove. It's not necessarily in Brickell. Now, there's got to be a little bit more
balance and let's think about it. Let's don't start name calling with each other. But, you know, it
took a court order — just short of a court order to get — how much money did we give to the optimist
to go to Orlando, which thev won? It's about nine thousand dollars ($9,000)?
Mr. Donald Warshaw (City Manager): Something like that.
Commissioner Teele: And then we get — turn around and give theater, Coconut Grove Theater,
how much money?
Mr. Warshaw: Hundred thousand.
Commissioner Teele: See. And we've got to be fair. We've got to be fair.
63 March 23, 1999
Mr. Warshaw: Commissioner, two quick things. There is an item further down on the agenda
discussing the Law Enforcement Trust Fund but, just for the record, on this particular item. these
dollars are being used to pay the salaries of people whose jobs are directly associated with bringing
these forfeiture dollars in. That's basically relieving the general fund of almost a half a million
dollars ($500.000) and it's something we've been doing for years. in accordance with State and
Federal law, we're allowed to do.
Commissioner Teele: Is that — thank you.
Chairman Plummer: Then, I think they're overpaid. All right. On Items 18 and 19. 1 was
concerned and 1 now have a letter, for the record, to approve these two items. I now have a letter
that the company will establish, on the police station property, the uniforms to be measured. to
deliver, and everything, so that these guys don't have to go out to hell's half -acre to get measured, to
get their uniforms, and to get everything. Mr. Manager?
Mr. Warshaw: Yes, sir.
Chairman Plummer: With this, 1 will approve it at somewhat reluctance but I will approve it
because I think we should have gone out for rebidding, but since its part of the Union's contract and
it's contractual, I will not fight it. Item 18, moved by...
Vice Chairman Gort: I had a question.
Chairman Plummer: I'm sorry. Mr. Gort.
Vice Chairman Gort: You're. talking about three hundred and twenty-nine thousand dollars
($329.000) additional?
Chairman Plummer: Not additional, sir.
Commissioner Sanchez: No, no, no.
Chairman Plummer: In the onset, we had this amount of money involved. We only approved, at
that time. a portion. This is the remaining portion.
Ms. Dena Bianchino (Assistant City Manager): Yes, sir.
Vice Chairman Gort: This is a remaining portion. OK.
Ms. Judy Carter (Director. Purchasing): This was originally the bid amount.
Mr. Warshaw: It's a part of the concession agreement that they took...
Commissioner Sanchez: Exactly. And take into consideration because the concession, two years
ago. they didn't have any uniform.
Chairman Plummer: All right. Moved by Gort. Seconded by Sanchez. Item 18. All in favor, say
Piave."
The Commission (Collectively): Ave.
64 March 23, 1999
Chairman Plummer: Opposition? Show none.
The following resolution was introduced by Vice Chairman Gort. who moved its adoption:
RESOLUTION NO. 99-195
-A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE. IN AN AMOUNT NOT TO
EXCEED' $287,137.56, IN THE CONTRACT WITH MARTrN*S
LAMAR UNIFORMS, FOR THE PROCUREMENT OF UNIFORM
ACCESSORIES FOR THE DEPARTMENT OF POLICE:
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.290201.6.075; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO SAID CONTRACT TO EVIDENCE SAID
INCREASE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by 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: Item 19. Moved by Sanchez. Seconded by Gort. All in favor, say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: Opposition? Show none.
65 March 23, 1999
The following resolution was introduced by Commissioner Sanchez who moved its adoption:
RESOLUTION NO. 99-196
A RESOLUTION . OF THE WANE CITY COMMISSION
AUTHORIZING AN INCREASE. IN AN AMOUNT NOT TO
EXCEED $156.245.90. IN THE CONTRACT WITH MARTrN'S
LAMAR UNIFORMS, FOR THE PROCUREMENT OF UNIFORMS
FOR THE DEPARTMENT OF POLICE. ALLOCATING. FUNDS
THEREFOR FROM THE POLICE GENERAL OPERATING
BUDGET. ACCOUNT CODE, NO. 001000.290201.6.075.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO SAID CONTRACT TO EVIDENCE SAID
INCREASE.
(Here.follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
28. EXPAND BOUNDARIES OF BROMWMLDS AREAS TO INCLUDE AREAS
DETERMINED TO HAVE REDEVELOPMENT POTENTIAL AND CRITICAL NEED'
FOR ENVIRONMENTAL REMEDIATION AND REHABILITATION
Chairman Plummer: Item 20. The Brownfields area. Moved by Teele. Seconded by Sanchez.
Anv further discussion? All in favor. say "ave."
The Commission (Collectively): Ave.
Chairman Plummer: Opposed? Show unanimous.
66 March 23, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-197
A RESOLUTION OF THE MIAMI CITY COMMISSION. WITH
ATTACHMENT, EXPANDING THE BOUNDARIES OF THE CITY
OF MIAMI BROWNFIELDS AREAS TO INCLUDE AREAS
DETERMINED TO HAVE REDEVELOPMENT POTENTIAL AND A
CRITICAL NEED FOR ENVORONMENTAL REMED1ATION AND
REHABILITATION, INCLUDING THE EMPOWERMENT ZONE
AND ADJACENT AREAS, AS ILLUSTRATED ON EXHIBIT ,A,
ATTACHED HERETO AND MADE A PART HEREOF.
(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. TO AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, WITH FIRM OF MILIAN, SWAIN AND ASSOCIATES, INC. —
PROVIDE PLANNING AND DESIGN SERVICES — FOR RIVERSIDE RIVERFRONT
REDEVELOPMENT PROJECT FOR A MAXIMUM FEE OF S239,900, — ALLOCATE
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO. 322064
ENTITLED, "RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT."
Chairman Plummer: Twenty-one is Professional Services Agreement for two hundred and
thirty-nine thousand dollars ($239.000). Mr. Gort. this is vours. I'm basically asking the question.
m,o hundred and thirty-nine thousand dollars ($239.000) is a lot of money. What are they going to
do for it?
Mr. Erdal Donmez: Erdal Donmez Real Estate and Economic Development Department. Sir, this
is a comprehensive professional services. The firm is going to be, you know, providing, along with
seven other sub consultants, it will be initially the market analysis of the riverside district, which is
going to be followed by the design development of the Lummus Park and the Marina and the
Waterfront. There's going to be environmental permitting and the consultants, you know, will
prepare the construction documents. They're going to help the City with the biding and also the
monitoring of the construction.
67 March 23, 1999
Chairman Plummer: That's all in my district; yet, you folks haven't even come to see me and asked
me my opinion.
Ms. Dena Bianchino (Assistant City Manager): We apologize. Commissioner.
Chairman Plummer: I'm just saying. I mean, you know, why not?
Mr. Donmez: Commissioner?
Chairman Plummer: You know. I just sit here as a dummy...
Commissioner Teele: They got an order against'talking to Commissioners.
Chairman Plummer. I just sit here as dummy and just, you know, rubber stamp everything.
Ms. Bianchino: Commissioner, we apologize. That was an oversight.
Chairman Plummer: OK.
Ms. Bianchino: It will not happen again.
Commissioner Sanchez: Mr. Chairman, are you going to make the motion or do you want me to do
it?
Chairman Plummer: Well, you know, I have another question. Milian, Swain and Associates, are
they a local City of Miami resident?
Mr. Donmez: Yes, sir.
Chairman Plummer: They have an office in the city?
Mr. Donmez: Their firm is located on Coral Way, yes.
Chairman Plummer: All right. Mr. Gort, you seem to know more about this, so I'm going to refer to
you.
Vice Chairman Gort: Mr. Chairman, unfortunatelv...
Chairman Plummer: They did talk to you. They didn't talk to me.
Vice Chairman Gort: Well. 1 apologize. One of the reasons they talked to me, because they know
1'm...
Chairman Plummer: They like you more than Daddy like me.
Vice Chairman Gort: They know I'm very closed to you and I'm going to do everything that is right
and that's going to benefit your district and they're not — and then 1 get all kinds of complaints in my
district because I do a lot more for your district than my district, but that's not true though.
Chairman Plummer: And I thank you.
68 March 23, 1999
Vice Chairman Gort: Mainly, we. talked about the development of the river. We've been talking
about this for a long. long time. Nothing has taken place because we really did not have a plan.
This is the first time that the City can come up with a plan where they're going to incorporate and do
the adjustment. and the actual construction after they get the recommendation from the consultants.
So, I think that is what we need to develop that area. For those reasons. I move it.
Commissioner Sanchez: Second.
Chairman Plummer: Moved by...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Could you just give me, what are the boundaries of this? How far — is it
-going to be on just one side of the river or both sides and is it...
Chairman Plummer: One side.
Mr. Donmez: This particular district, Commissioner; it's one side of the river. It is the north side of
the river. It goes all the way to 5th Street, and I-95 would be the eastern, you know, boundary,
coming all the way down to MRC (Miami Riverside Center).
Chairman Plummer: Follow the river drive.
Mr. Donmez: Yeah. It's a...
Commissioner Teele: So. I-95 would be the boundary?
Mr. Donmez: That's correct.
Chairman Plummer: East.
Mr. Donmez: East boundary. The north boundary is...
Commissioner Teele: Let me ask you to look at this. The area just east of 1-95 is essentially
parking lots and a Metro -Rail station. and what's that caterer that's right there?
Chairman Plummer: You're talk — David Lynn?
Mr. Donald Warshaw (City Manager): David Lynn.
Ms. Bianchino: David Lynn.
Chairman Plummer: No. that's west.
Commissioner Teele: No. No. no. There's a caterer right there that — it's city plan.
Mr. Donmez: Eastcoast Fisheries. ;
69' March 23, 1999
Commissioner Teele: No, I'm talking about further east. Going east.
Chairman Plummer: He said east of I-95.
Commissioner Teele: East of — you said the boundary stops at 95.
Mr. Donmez: That's correct. but...
Commissioner Teele: But if you just go two blocks along the Miami River, east of 95. you've got a
large track of city land in there and it's the — where is 95?
Vice Chairman Gort: That goes...
Commissioner Teele: Show me the Hyatt and the...
Chairman Plummer. That's way off. We're going to send you up the river.
Vice Chairman Gort: You're talking about Bijan's?
Commissioner Teele: Bijan's. So, where is Bijan's?
Chairman Plummer. No, Bijan's is way off. All right. It is moved by Gort. Seconded by Sanchez.
All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer. Opposition? Shown unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-198
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AUTHORIZING. THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT. IN
SUBSTANTIALLY THE FORM ATTACHED, WITH THE FIRM OF
MILIAN. SWAIN AND ASSOCIATES, INC.. TO. PROVIDE
PLANNING AND DESIGN SERVICES FOR THE RIVERSIDE
RIVERFRONT REDEVELOPMENT PROJECT FOR A MAXIMUM
FEE OF $239.900. CONSISTING OF A BASE FEE OF $211.900,
WITH ALLOWANCES NOT TO EXCEED $6;000 FOR
REIMBURSABLE EXPENSES, AND $22.000 FOR PRESCRIBED
ADDITIONAL SERVICES; ALLOCATING FUNDS THEREFOR
FROM THE CAPITAL IMPROVEMENT PROJECT NO. 322064
ENTITLED, "RIVERSIDE RIVERFRONT REDEVELOPMENT
PROJECT."
70 March 23, 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 h\ the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Reealado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
30. AUTHORIZE CONTINUING ENGAGEMENT OF LAW FIRM OF DAVIS WEBER
& EDWARDS — FOR LEGAL SERVICES PROVIDED TO THE CITY OF NIIANII IN
CONNECTION WITH THE CASE OF BEDMINSTER SEACOR SERVICES V. THE
CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT, CASE NO. 98-20458 CA 32; ALLOCATING FUNDS THEREFOR, — IN
AMOUNT NOT TO EXCEED AN ADDITIONAL S25,000, PLUS COSTS AS APPROVED
BY THE CITY ATTORNEY, — FROM SELF-INSURANCE AND INSURANCE TRUST
FUND, ACCOUNT CODE NO.515001.624401.6.661 FOR SAID SERVICES.
Chairman Plummer. Item 22. Davis. Weber and Edwards to assist the City Attorney, who doesn't
know what he's doing in the Bedminster case.
Commissioner Sanchez: I have a question.
Chairman Plummer: Is that a law firm in the City of Miami?
Mr. Alejandro Vilarello (City Attorney): Yes. Their offices are in the City of Miami.
Chairman Plummer: All right. Mr. Sanchez.
Commissioner Sanchez: Mr. City Attorney, how much money are we going to be anticipating in
spending in this case?
Mr. Vilarello: Well. as 1 mentioned in my last status report to vou, the firm that was representing
Bedminster had withdrawn. Since then, they have engaged...
Chairman Plummer: Excuse me. Don't editorialize. The man asked a simple question. How
much?
Mr. Vilarello: At this point. I will — before I bring this item again to you. I'll prepare a budget for
the balance of the litigation. At this point. I did not do that because there was a good chance that
the litigation was not going to continue but they did retain new counsel.
71 March 23, 1999
Chairman Plummer: Does that answer your question?
Commissioner Sanchez: No. He hasn't given me a figure vet.
Chairman Plummer: All right.
Mr. Vilarello: Before I bring this item to you again, I will prepare a budget for the balance of the
case.
Chairman Plummer: Do you wish to defer?
Commissioner Sanchez: No, I don't wish to defer.
Commissioner Regalado: I wish to defer.
Commissioner Sanchez You know — but wait a minute. You know one thing is — you know.1, for
one thing, we're spending too much money on outside legal. That's to start off with. But I'll tell you
this much. You know, I asked you a simple question. A hundred and twenty-five, two hundred
thousand?
Mr. Vilarello: Well, Commissioner, it is not such a simple question. Prior to this item coming to
you, there was a good chance that there were not going to be any additional legal fees spent on this
case. When new counsel was retained by Bedminster, it was necessary to continue the litigation,
which we did not start. This was litigation that was brought against the City, and this is an area of
commercial litigation, which we just don't the expertise in the office to handle.
Commissioner Teele: But I thought Bedminster offered to settle this thing and pay all of these legal
fees if we would just agree on one consultant.
Mr. Vilarello: They had significant conditions, which were discussed at this Commission meeting.
The following day we received notice from Bedminster that they would not consider resolving this
case under the conditions that this City Commission authorized.
Commissioner Sanchez: Mr. City Manager — correction. Mr. Attorney, are you going to give me a
final figure today on this. I've asked you not?
Mr. Vilarello: Commissioner, 1...
Commissioner Sanchez: I'll defer the item.
Mr. Vilarello: I can give you an estimate. This is pending litigation, Commissioner. It puts us in a
very difficult situation to continue to defend the City when we aren't agreeing to pay our counsel. I
can give you an estimate that the litigation, if it goes to a trial, may be as high as a hundred
thousand dollars ($100.000) that we'll spend in this litigation.
Chairman Plummer: All right.
Commissioner Sanchez: In the ballpark figure, a hundred thousand. Say a hundred thousand.
,
72 . March 23, 1999
Chairman Plummer: OK. Thank vou, sir. A hundred thousand — did you sav that" Sav that.
please.
Mr. Vilarello: A hundred thousand dollars (SI00,000). .
Chairman Plummer: A hundred thousand. Thank you: Item'?'. Moved by Sanchez. Seconded b%
Gort. All in favor, say "Ave." No negative votes?
Commissioner Sanchez: No, wait a minute.
Commissioner Regalado: Negative.
Commissioner Sanchez: I'm not moving it.
Chairman Plummer. All right. Who moves it?
Commissioner Teele: Mr. Chairman, I'm very uncomfortable because...
Chairman Plummer: Mr. Teele
Commissioner Teele: We don't know what we're — I mean, you know, look. Let's face it, this
Commission does not know where we are on Bedminster. This Commissioner, maybe the other
four do, so let me speak for myself. I have no idea where we're going; I have no idea what the
issues are. why we're involved in this. It was my understanding that we could reach some
conclusion on this. I'm in agreement generally with Commissioner Sanchez' statements. We
spend...
Chairman Plummer: Well, let's defer it.
Commissioner Teele: But deferring it puts us in worst position, l would imagine. Mr. Attorney.
You speak for yourself.
Mr. Vilarello: Yes, sir, that's correct. If vou don't permit me to continue to fund the outside counsel
that we have representing us on this case, it puts the City in jeopardy of losing the case by default.
Commissioner Teele: We're on a runaway airplane.
Chairman Plummer: Yep. That's how Eastern Airlines won so much money and they went broke.
OK. What do you guys want to do? Do you want to approve it? You want to defer it? Let's don't
talk about it all day long. What do you want to do?
Commissioner Teele: 1 want to know why we're doing it.
Chairman Plummer: All right. Then, well defer it.
Mr. Vilarello: Well. Commissioner, if I can, I'll be more than happy to explain it.
Chairman Plummer: Excuse me. Is there a motion to defer?
73 March 23, 1999
Commissioner Teele: I'd like to hear from the City Attorney. Have you all tried to resolve this
issue?
Mr. Vilarello: We have had discussions with Bedminster and their counsel. The last time that we
had a discussion with them. they gave us very stringent set of conditions. under which they would
agree to resolve this. One of those conditions was that whatever the report of a consultant was and
whatever that recommendation was. that the City Commission would defer, without question, to the
conclusion of that consultant. which this Commission rejected.
Commissioner Teele: All right. I'm prepared to move the item for — only for the purpose of
preserving and protecting the City's interest, not that I agree with the litigation or whatever. But.
Mr. Manager, let me understand this. Do you stand behind the memo that you originally issued on
this issue?
Mr. Donald Warshaw (City Manager): Yes, sir. Not only do I stand behind it, but the response
from Bedminster to the somewhat lengthy letter I sent have them admitting that they either
misrepresented or didn't exactly give the City the information that they had stated they had given
previously and they still have not responded to several of the questions we asked, so the answer...
Chairman Plummer: Moved by Teele. Seconded by Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show — no unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-199
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CONTINUING ENGAGEMENT OF THE LAW
FIRM OF DAVIS WEBER & EDWARDS FOR LEGAL SERVICES
PROVIDED TO THE CITY OF MIAM1 IN CONNECTION WITH THE
CASE OF BEDMINSTER SEACOR SERVICES V. THE CITY OF
MIAM1. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT. CASE NO. 98-20458 CA 32: ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED AN ADDITIONAL
$25.000.00. PLUS COSTS AS APPROVED BY THE CITY
ATTORNEY, FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661 FOR
SAID SERVICES.
74 March 23, 1999
(Here follows body of resolution: omitted here and on file in the Office of the City- Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele. Jr.
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Joe Sanchez
ABSENT: None.
[COMMENTS MADE AFTER ROLL CALL:]
Chairman Plummer: Item 23.
Commissioner Teele: There's a "no" vote I heard.
Chairman Plummer; There was a "no" vote?
Commissioner Regalado: "No" vote here.
Chairman Plummer: All right. Mr. Regalado, show him as "no" vote. Item 23, rescinding a plat...
Commissioner Sanchez: Wait. wait, wait. What have we got?
Commissioner Regalado: Bedminster.
Chairman Plummer: Sir, you're supposed to be. before this microphone to vote. Quit running
around and not doing anything. Get up here and act like a Commissioner.
Commissioner Sanchez: That's easy.
Chairman Plummer: For some people. How do you wish to be recorded?
Commissioner Sanchez: "No" vote.
Chairman Plummer: You did all of that just to make a "no" vote. All right.
75 March 23, 1999
31. DEFER CONSIDERATION OF AGENDA ITEM 23 (RESCINDING RESOLUTION
NO. 97-907, ADOPTED DECEMBER 9, 1997; WHICH ACCEPTED THE PLAT
ENTITLED "NORTHWESTERN ESTATES.
Chairman Plummer: Rescinding the plat, Northwestern Estates.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, I'd like to see if the City Commission
would agree to a deferral of this item for 30 days.
Chairman Plummer: Motion to defer by City Attorney. Moved by Sanchez. Seconded by Gort.
All in favor, say "Aye."
The Commission (Collectively): Aye.
Chairman Plummer: All right.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-200
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 23
(PROPOSED RESCINDING OF RESOLUTION 97-907, ADOPTED
DECEMBER 9, 1997, WHICH ACCEPTED THE PLAT ENTITLED
"NORTHWESTERN ESTATES").
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following -vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
76 March 23, 1999
32. APPROVE AS MODIFIED ESTABLISIIMENT OF QUALIFIED BIDDER'S LIST
COMPRISED OF SEVENTEEN (17) PRE -QUALIFIED VENDORS. AS LISTED ON
EXHIBIT "A", ATTACHED HERETO, — FOR PROVISION OF CTTI'-V1'IDE LOT
CLEARING SERVICES, — AT TOTAL.ANNUAL AMOUNT NOT TO EXCEED S500,000
— ALLOCATE FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT 22ND
AND 23" YEAR BLOCK GRANTS, ACCOUNT CODE NOS. 799229.452322.6340
(S110.000) AND 799229.452222.6.940 ($190.000).
Chairman Plummer: Item 25 is my item. 1 told you about April the 13th. My question is. why you
only gave me three hundred? Initially, you gave me five hundred. Why are you short changin_ me'
I've got an awful lot of city.to take care of.
Mr. Raul Martinez (Assistant City Manager): I'm not sure of the funding, Commissioner. I'll get
back to you on the figure.
Chairman Plummer: Well, in the budget it was five hundred thousand dollars ($500.000) for
Community Development.
Commissioner Teele: When was the public hearing on that money held?
Chairman Plummer: At the budget hearing. At the budget time.
Commissioner Teele: No. You have to have a special Community Development public hearing.
Chairman Plummer: Then I've got to ask who?
Commissioner Teele: It doesn't matter. if you just — Mr. Attorney...
Chairman Plummer: Gwen Warren.
Commissioner Teele:.. just let us know when the public hearing on the...
Chairman Plummer: Here. She's here. Gwen. when was the public hearing held on- allocating these
funds for lot clearing?
Ms. Gwendolyn Warren (Director. Community Development): The three hundred or the two
hundred?
Chairman Plummer: Well. I guess both or...
Ms. Warren: The public hearing has been held on both and there's an error in the document. It
should sav five hundred instead of three.
Chairman Plummer: That's what I thought. OK. That was original. OK. Now, for my colleagues.
Remember. anything in your particular districts, if you'll let your NET (Neighborhood Enhancement
Team) administrator know, there will be approximately two to three of these inspectors that will be
out looking for blighted areas, abandoned cars, unsafe structures, and we now have 17 vendors
on-line who will go out and cut the yard; they'll send the owner a bill, with a hundred dollar ($100)
'.A
77 March 23, 1999
fine or twenty percent, whichever is greater. Let me please caution everybody who o%%ms vacant
lots. You will only be notified one time a year, like the city of Coral Gables that. if you don't do
anything in your vegetation or debris exceeds 18 inches, we will walk in the door and do it for you.
Commissioner Teele: Mr. Chairman?
Chairman Plummer:, Mr. Teele.
Commissioner Teele: In fairness to you — and I think, in accepting this responsibility that you've
done, you've done this City a tremendous service...
Chairman Plummer: Thank you, sir.
Commissioner Teele: ...and favor. I would hope that we could authorize the Clerk to provide legal
notices in all newspapers or newspapers of their choice. I just think NET 9 is fine, but 1 think we
need to go ahead and draft up a legal notice. It's going to protect you. J.L: its going to protect this
Commission as a...
Chairman Plummer: That's fine. That's fine.
Commissioner Teele: As an elected official.
Chairman Plummer: We've already gone out with certified letters. We're going on...
Commissioner Teele: I understand. But I would just move that the Clerk be authorized to work
with the Manager to provide maximum legal notices in periodicals, including "The Miami Herald,"
but not exclusively, to facilitate neighborhood information. And you all will determine what that
notice says.
Chairman Plummer: And, also, it will be going on Cable 9.
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: And on the Rolling Marquis at Bayfront Park.
Commissioner Teele: Is there a second. Mr. Chairman?
Chairman Plummer: You seconded it.
Commissioner Teele: I moved it.
Chairman Plummer: All in — you moved it. Seconded by Mr. Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
78 March 23, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-201
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT. APPROVING THE ESTABLISHMENT OF A
QUALIFIED BIDDER'S LIST COMPRISED OF SEVENTEEN (17 )
PRE -QUALIFIED VENDORS. AS LISTED ON EXHIBIT "A
ATTACHED HERETO, FOR THE PROVISION OF CITY-WIDE LOT
CLEARING SERVICES FOR VARIOUS NET SERVICE CENTERS.
ON AN AS -NEEDED CONTRACT BASIS, FOR ONE (1) YEAR
WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL
ONE YEAR PERIODS, AT A TOTAL ANNUAL AMOUNT NOT TO
EXCEED $500,000.00; ALLOCATING FUNDS THEREFOR FROM
THE COMMUNITY DEVELOPMENT 22ND AND 231tD YEAR
BLOCK GRANTS,' ACCOUNT CODE NOS. 799229.452322.6.340
AND 799229.452222.6.940.
(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.
79 March 23, 1999
33. (A) CONTINUE ENGAGEMENT OF GOVERNMENT SERVICES GROUP. INC.,
NABORS, GIBLIN & NICKERSON, P.A., AND DAVID M. GRIFFITH & ASSOCIATES,
LTD. (~CONSULTING FIRMS") — FOR CONSULTING SERVICES — FOR
STRUCTURE, DEVELOPMENT, AND IMPLEMENTATION OF A NON AD -
VALOREM ASSESSMENT PROGRAM — FOR FUNDING OF FIRE -RESCUE
SERVICES — ALLOCATE FUNDS THEREFOR, IN THE AMOUNT OF S39.875, PLUS A
CONTINGENCY FEE IN THE AMOUNT OF .$20,000, FOR A TOTAL COST NOT TO
EXCEED S59,875, FROM SPECIAL REVENUE ACCOUNT NO. 110093.280905.270 —
DIRECT ADMINISTRATION TO ITEMIZE IN OCTOBER BILLING CAPITAL F1RE-
RESCUE EQUIPMENT PURCHASED WITH FIRE ASSESSMENT FEE PRO CEEDS.
(B) COMMENTS FROM COMMISSIONER REGALADO REGARDING DOUBLE
BILLING OF RESIDENTIAL SOLID WASTE FEE.
Chairman Plummer: Item 27 is for fifty-nine thousand eight hundred seventy-five dollars
($859.875). A consulting firm for the implementation of the fire -rescue services. Moved b%, Teele.
Seconded...
Vice Chairman Gort: I have a question.
Chairman Plummer: Huh?
Vice Chairman Gort: I have a question on that.
Chairman Plummer: All right. Who second it?
Vice Chairman Gort: My understanding, the total cost is thirty-seven thousand dollars ($37.000) —
thirty-nine and., then, you have a contingency of twenty thousand?
Chairman Plummer: Right.
Vice Chairman Gort: Whyis that?
Chairman Plummer: Why is contingency so high?
Vice Chairman Gort: I mean, it's almost six? percent.
Mr. Frank Rollason (Miami Fire Department): Commissioner, the contingency is there because...
Chairman Plummer: Mr. Rollason, give us your name and who you represent.
Mr. Rollason: Frank Rollason. City of Miami Fire Department. The twenty thousand dollar
($20.000) contingency is there because we're not exactly sure how we're going to handle the Trim
issue and whether we're going to do the bulk of it in-house or we're going to have to do some kind
of collaboration with a consultant. So. as we get closer to the Trim deadline, the more that we're
probably going to have to done by the consultant, so we put a high figure in there. We don't have
anyanticipation that we're going to spend all of it, but we don't know what we're going to be up
against before the Trim deadline. And the Trim situation is not a part of the original contract of the
thin -nine thousand, so it will be hourly for — depending on how much we have to spend.
80 March 23, 1999
Chairman Plummer: OK. is it understood? Moved by Teele. Seconded by Gort. Mr. Manager?
Mr. Donald Warshaw (City Manager): Yes; sir:
Chairman Plummer: When these bills go out in October, right?
Mr. Rollason: It will go in your...
Chairman Plummer: Your ad valorem?
Mr. Rollason: That's correct.
Chairman Plummer: That's out in October?
Mr. Rollason: That's correct.
Chairman Plummer: The first month of discount,is November, all right?
Mr. Rollason: That's correct.
Mr. Warshaw: Correct.
Chairman Plummer: In October, Mr. Manager, I want everything that has been bought from the fire
fee in front of this City Hall to show the people of this community what they have received for the
money that they have given in this fire fee. I'll tell you, because there's still people out there who
don't feel that they've got their money's worth.
Mr. Warshaw: In September or October?- The budget hearing...
Chairman Plummer: Mr. Manager. I want'it to go out right after...
Commissioner Sanchez: Before November.
Commissioner Teele: November.
Chairman Plummer: ...right after the bills go out.
Commissioner Sanchez: November the 5th.
Commissioner Regalado: No, it's the second, it's the second. November the 2nd.
Chairman Plummer: November the 2nd. No. I'm saying -- look, I'm saying, go right out after the
bills hit those mail boxes.
Commissioner Teele: But well before November 2nd.
Mr. Rollason: Yes. sir.
Chairman Plummer: Well before November 2"d. OK.
81 March 23, 1999
Commissioner Regalado: Question, question.
Mr. Rollason: I don't know if you have enough space but we'll try.
Commissioner Regalado: Question.
Chairman Plummer: What do you mean, you'll try?
Mr. Rollason: 1 mean, I'm just being...
Chairman Plummer: If not, ? replace.
Mr. Rollason: There is a lot of equipment that's going to be out there.
Mr. Warshaw: We'll have a lot of equipment.
Chairman Plummer: Hey, I want it strung from one end of this City down to the other end...
Mr. Warshaw: It'll be along string.
Chairman Plummer: ... and let the people realize that they've got something for their money.
Mr. Rollason: Yes, sir.
Commissioner Regalado: Question. Since we're talking about bills and implementation of fire fee.
Chairman Plummer: We're talking about what?
Commissioner Regalado: Yeah, the...
Chairman Plummer: What item?
Commissioner Regalado: It's something that is related. J.L.
Chairman Plummer: What item number?
Commissioner Regalado: It's on this item number.
Chairman Plummer: Oh, all right.
Commissioner Regalado: And I requested from the Manager an explanation. There are bills for the
Solid Waste residential that are being sent twice. I did get an answer but the answer was not related
to my question at all. It was about the solid waste fee. What I ask is that, many people are getting
the same bill from which they pay. I've got copies of the check that they pay, and they're getting
another bill, the same amount. Are you aware of this? I mean,1 sent you many... '
Mr. Warshaw: I know what you sent me and I know what 1 sent back to you, but I'm not sure what
you're referring to'now. If you've got those, I'd like to see them.
82 March 23, 1999
Commissioner Regalado: What I — yeah. What you sent back to me is about the solid waste
franchise fee, which doesn't have to do anything with the double billing.
Chairman Plummer: What's that got to do with the fire fee.
Commissioner Regalado: Do you understand what I'm saying?
Mr. Warshaw: All right. We'll respond to that now.
Chairman Plummer: Wait. wait. wait. wait, wait. Please. To my colleagues...
Commissioner Regalado: Mr. Chairman. briefly.
Chairman Plummer: To my colleagues, we have to stick to an agenda. Now, this — this is not...
Commissioner Regalado: I know, I know. But this have to do with bills.
Chairman Plummer: OK. Then, they can respond back to you in a memo or whatever or after the...
Commissioner Regalado: Why? The memo was wrong. It's my only chance.
Chairman Plummer. All right. But-- Please. Let's stick to the agenda. Go ahead. You're up here
now.
Commissioner Regalado: OK. No problem. I'll keep sending — requesting information.
Chairman Plummer: I know we haven't voted...
Ms. Julie Weatherholtz (Director, Finance Department): What 1'd like to do...
Chairman Plummer: ...because Mr. Regalado wishes to talk about the garbage fee.
Ms. Weatherholtz: Commissioner Regalado, I would...
Chairman Plummer: if you can, please answer.
Ms. Weatherholtz: A response that we responded to was with four of the ones that you had sent us.
If there's additional ones beyond that four, certainly 1'd like to get with you or your staff to get
copies of those, so that I can respond also to those for you. We were just responding to those four
particular.
Chairman Plummer: Thank you. Item 28.
Commissioner Regalado: OK. You can talk to me, right?
Ms. Weatherholtz: Yes.
Chairman Plummer: Item 28, buying six new...
Mr. Walter Foeman (City Clerk): Mr. Chairman, we have to vote on Item 27.
83 March 23, 1999
Chairman Plummer: All right. All in favor, say "ave-"
The Commission (Collectively): Ave.
Chairman Plummer: No negative vote. Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-202
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONTINUING THE ENGAGEMENT OF GOVERNMENT SERVICES
GROUP, INC., NABORS, GIBLIN & NICKERSON. P.A., AND
DAVID M. GRIFFITH & ASSOCIATES, LTD. ("CONSULTING
FIRMS"), FOR THE PROVISION OF SPECIALIZED CONSULTING
SERVICES FOR THE STRUCTURE, DEVELOPMENT. AND
IMPLEMENTATION. OF ,A NON AD -VALOREM ASSESSMENT
PROGRAM FOR THE FUNDING OF FIRE -RESCUE SERVICES;
ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF S39.875,
PLUS A CONTINGENCY FEE IN THE AMOUNT OF S20,000. FOR
A TOTAL COST NOT TO EXCEED 459,875, FROM SPECIAL
REVENUE ACCOUNT NO. 110093.280905.270; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN EXTENSION TO SAID
CONTRACT WITH THE CONSULTING FIRMS, IN . A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE SAID
CONTRACT EXTENSION AND INCREASED COMPENSATION
THEREFOR.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer. Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
94 March 23, 1999
34. APPROVE PURCHASE OF SIX (6) NEW HEAVY DUTY RESCUE PUMPER
TRUCKS FROM PIERCE MANUFACTURING, INC,- FOR DEPARTMENT OF FIRE -
RESCUE — AT AMOUNT OF $1.678,770, WITH A CONTINGENCY COST OF S105,000,
FOR A TOTAL COST NOT TO EXCEED $1,783,770 - ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROGRAM, PROJECT NO.313233, "FIRE -RESCUE NEW
APPARATUS ACQUISITION," ACCOUNT CODE NO. 289401-840. AS FUNDED BY
THE FIRE -RESCUE ASSESSMENT.
Chairman Plummer: Twenty-eight. Buying six fire trucks for one million seven hundred
eighty-three thousand seven hundred and seventy dollars and twenty-two cents ($1.783.770.22 ).
Mr. Carlos Gimenez: Yes, sir.
Chairman Plummer: Moved by Sanchez. Seconded by Regalado. All in favor. say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: Anybody showing no? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-203
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PURCHASE OF SIX (6) NEW HEAVY DUTY
RESCUE PUMPER TRUCKS FROM PIERCE MANUFACTURING.
INC., UTILIZING CITY OF CORAL SPRINGS RFP NO. 98-C-096,
FOR THE DEPARTMENT OF FIRE -RESCUE. AT AN AMOUNT OF
$1.678.770, WITH A CONTINGENCY COST OF $105,000. FOR A
TOTAL COST NOT TO EXCEED $1.783,770: ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313233, "FIRE -RESCUE NEW APPARATUS
ACQUISITION', ACCOUNT CODE NO. 289401-840, AS FUNDED
BY THE FIRE -RESCUE ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissi
following -vote: oner Sanchez. the resolution was passed and adopted by the
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
85 March 23, 1999
35. AMEND SECTION 3 OF RESOLUTION NO. 99-33, , WHICH APPOIN' TED
COMMISSIONER JOE SANCHEZ TO SERVE AS THE CITY OF MIAMI9S ("CTT1"1)
REPRESENTATIVE AND VOTING MEMBER ON THE MIAMI-DADS HR'-AIDS
PARTNERSHIP ("PARTNERSHIP") — CHANGE SAID APPOINTMENT TO THAT OF
EX-OFFICIO, NON -VOTING REPRESENTATIVE OF NIIAIVII CITY COMMISSION —
FURTHER, APPOINTING TWO CITY STAFF MEMBERS, FROM THE HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM. TO SERVE
AS REPRESENTATIVES ON PARTNERSHIP AS VOTING MEMBER AND
ALTERNATE MEMBER
Chairman Plummer. Number 29, Sanchez, is the ex-officio partnership of the City of Miami
Commission in the voting representative to serve on the board of HOPWA (Housing Opportunities
for People with AIDS). Moved by Teele. Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-204
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
SECTION 3 OF RESOLUTION NO. 99-33. ADOPTED JANUARY 12.
1999, WHICH APPOINTED COMMISSIONER JOE SANCHEZ TO
SERVE AS THE CITY OF MIAMI'S ("CITY") REPRESENTATIVE
AND VOTING MEMBER ON THE MIAMI-DADE HIV/AIDS
PARTNERSHIP ("PARTNERSHIP") BY CHANGING SAID
APPOINTMENT TO THAT OF AN EX-OFFICIO. NON -VOTING
REPRESENTATIVE OF THE MIAMI CITY COMMISSION;
FURTHER APPOINTING TWO CITY STAFF MEMBERS, FROM
THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
("HOPWA") PROGRAM. TO SERVE AS CITY REPRESENTATIVES
ON THE PARTNERSHIP AS A VOTING MEMBER AND AS AN
ALTERNATE MEMBER.
86 March 23, 1999
I
(Here follows body of resolution, omitted here and on file in the Office'df the Cin• Clerk.)
Upon being seconded by Commissioner Regalado. the resolution was passed and adopted b\ 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
36. APPROVE PROCUREMENT AND INSTALLATION OF MICROFILM DIGITAL
WORKSTATION (NIICRODAX 3000) AND ACCESSORIES FROM MINOLTA
BUSINESS SYSTEMS, INC.,- FOR DEPARTMENT OF BUILDING & ZONING - AT
AN AMOUNT NOT TO EXCEED S25,000 — ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROGRAM, "BUILDING AND ZONING MICROFILM
READER/PRINTER MACHINE," PROJECT NO.311605.
Chairman Plummer. Item 30. A microfilm digital work station for the Department of Police,
twenty-five thousand dollars ($25,000). Moved by Sanchez. Seconded by Regalado. All in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Plummer. Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-205
A RESOLUTION OF THE MIAM1 CITY COMMISSION
APPROVING THE PROCUREMENT AND INSTALLATION OF A
MICROFILM DIGITAL WORKSTATION (MICRODAX 3000) AND
ACCESSORIES FROM MINOLTA BUSINESS SYSTEMS. INC.,
UNDER MIAMI-DADE COUNTY- CONTRACT NO. 5048-4/00-3.
FOR THE DEPARTMENT OF BUILDING & ZONING, AT AN
AMOUNT NOT TO EXCEED $25.000.00: ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM,
"BUILDING AND ZONING MICROFILM READER/PRINTER
MACHINE", PROJECT NO.311605.
N
87 March 23, 1999
(Here follows body of resolution, omitted here and on file in the Office of the Cite 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.
37. ESTABLISH AMNESTY PERIOD, ENDING DECEMBER 31, 2000, TO ALLOW
CONSTRUCTION, REPAIRS AND ADDITIONS, BUILT WITHOUT PROPER
PERNIITS, OR PERMITS WHICH EXPIRED WITHOUT THE ISSUANCE OF
CERTIFICATES OF COMPLETION FROM OCTOBER 29, 1957 THROUGH JULY,
1997, TO BE BROUGHT INTO CONFORMANCE WITH THE PROVISIONS OF THE
SOUTH FLORIDA BUILDING CODE IN EFFECT AT THE TEVIE THE
CONSTRUCTION, REPAIRS OR ADDITIONS WERE MADE — FURTHER ADOPTING
AND INCORPORATING THE PROVISIONS SET FORTH IN NIIANII-DARE COUNTY
ORDINANCE NO.97-107, ADOPTED JULY 9, 1997 (WHICH ORDINANCE AMENDED
THE SOUTH FLORIDA BUILDING CODE).
Chairman Plummer: Item 31. Amnesty period for construction on allowed people who did things
badly between October 29, 1957 and July of '97, to give them the opportunity to come into
compliance without the South Florida Building Code, without costing them a fine, is that correct?
Ms. Maggie Genova-Cordovi: No. For the record, Maggie Genova-Cordovi, Interim Director of
Building and Zoning. What this...
Chairman Plummer: Who is not retiring in April. Go ahead.
Mr. Genova-Cordovi: What this amnesty does is, it allows people, who either build or did not
follow the whole set of inspections, to bring the property into compliance, if, by using the code that
was in effect at the time the construction was done. There are certain life/safety issues that thev
would still have to meet as far as the '93 — the '94 building code is concerned but it does allow you know. it makes compliance easy.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding is, you're going to go according to the time that they did
the building. How do you know about if they didn't pull a permit?
Ms. Genova-Cordovi: Pardon me?
88 March 23, 1999
Vice Chairman Gort: My understanding is, you made a statement that the — they would be in
compliance at the time that they build. If there were different criteria and guidelines; you want
them to comply with that but how will you know what year it was built if they don't have a permit?
Ms. Genova-Cordovi: There's many ways of checking. Dade County has yearly aerial photographs.
where you can see when a structure has had illegal enlargements. I mean, we — that's how we prove
our cases a lot of time, by going back to those. The other ways, many times people pull a permit to
-- their intentions are to do it by the book and, then, they don't follow up with the whole set of
inspections.
Vice Chairman Gort: But this does not mean people do not comply with setbacks and they have
problem with...
Ms. Genova-Cordovi: No, no, no. They still have to comply.
Vice Chairman Gort: They will have to comply with the setback. They will still have to comply
with all the...
Ms. Genova-Cordovi Oh, yes, yes.
Vice Chairman Gort: OK. They just bring it up to building code?
Ms. Genova-Cordovi: Yes.
Chairman Plummer: OK. All right. Item 31. Moved by Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by...
Commissioner Sanchez: Second.
Chairman Plummer: ...Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
89 March 23, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-206
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING AN AMNESTY PERIOD,
ENDING DECEMBER 31, 2000, TO ALLOW CONSTRUCTION,
REPAIRS AND ADDITIONS, BUILT WITHOUT PROPER PERMITS,
OR PERMITS WHICH EXPIRED WITHOUT THE ISSUANCE OF
CERTIFICATES OF COMPLETION FROM OCTOBER 29, 1957
THROUGH JULY, 1997, TO BE BROUGHT INTO CONFORMANCE
WITH THE PROVISIONS OF THE SOUTH FLORIDA BUILDING
CODE IN EFFECT AT THE TIME THE CONSTRUCTION, REPAIRS,
OR ADDITIONS WERE MADE; FURTHER ADOPTING AND
INCORPORATING THE PROVISIONS SET FORTH IN MIAMI-
DADE COUNTY ORDINANCE NO.97-107, ADOPTED JULY 9, 1997
(WHICH ORDINANCE AMENDED THE SOUTH FLORIDA
BUILDING CODE), ATTACHED HERETO AND MADE A PART
HEREOF, AS PART OF THE BUILDING CODE OF THE CITY OF
MIAMI; AND DIRECTING THE CITY MANAGER TO INSTUCT
THE BUILDING OFFICIAL OF THE CITY OF MIAMI TO
IMPLEMENT AND ENFORCE THE PROVISIONS OF SAID
ORDINANCE; PROVIDING FOR TIME - LIMITATIONS AND AN
EFFECTIVE DATE.
(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.
90 March 23, 1999
�38. (A). PERSONAL APPEARANCE: DIPAK PAREHK -DISCUSSION CONCERNING
REVIEW OF MONTHLY FINANCIAL REPORT INCLUDING BOTH BUDGET
OUTLOOK AND FINANCIAC UPDATE. (B). COMMENTS REGARDING FISCAL
IMPACT TO CITY OF PROPOSED AMENDMENT 3 — FURTHER COMMENTS IN
CONNECTION WITH LAYOFF OF CITY RESIDENTS EMPLOYED BY FIRST UNION
BANK.
Chairman Plummer: Item 32 is a discussion item and discussion item on budget outlook -and
financial update.
Commissioner Regalado: Mr. Chairman, can I — just before we start, how long you want to --
you're going to go under the morning session? Mr. Chairman?
Chairman Plummer: I'm sorry?
Commissioner Regalado: How long you plan to go?
Chairman Plummer: Twelve o'clock, sir, if we stop talking.
Commissioner Regalado: OK. Bause, as I told.you, I really have to leave at...
Chairman Plummer: Yeah, you have to leave at 11:45.
Commissioner Regalado: ...11:45.
Chairman Plummer: And I would...
Commissioner Regalado: What time are we coming back?
Chairman Plummer: Two o'clock, sir.
Commissioner Regalado__ Two o'clock. OK.
Vice Chairman Gort: Why?
Chairman.. Plummer: The Mayor i9going to, be here at two o'clock, and I told Mr. Brennan...
Vice Chairman Gort: We don't have that many things in here. We should be back by three.
Chairman Plummer: Well, you got — wait, whoa. You got a zoning agenda.
Vice Chairman Gort: Zoning? I looked " that's not that big of a deal, the zoning agenda.
Chairman Plummer: Would you like to come back at three?
Vice Chairman Gort: Yeah.
Chairman Plummer: Would you like to come back at three?
91 March 23, 1999
Vice Chairman Gort: Yeah.
Commissioner Regalado: Three is fine.
Chairman Plummer: So be it. All right. So, we'll go now quickly so that Mr. Regalado can leave at
11:45.
Mr. Dipak Parekh: Commissioner -- my name is Dipak Parekh, Budget Department. Your surplus
stands at five point three million dollars ($5,300,000). All the departments are in compliance of the
anti -deficiency act. Overtime is within the normal parameters.
Ms. Julie Weatherholtz: Julie Weatherholtz, Finance Director. The first issue I'd like to address is
the question that was posed earlier on the First Union lock box. First Union has not made a formal
announcement to any of its clients of its moving its lock box but it is preparing to make that
announcement during April and May. They'll be meeting with all of their clients discussing it. The
operations of the lock box are slated to end during the months of May and June in the Miami area
and they'll be moved either to Tampa or Orlando, where they have large lock box in-house
processing centers. The lock box center in Miami is very small. It does not have the economy of
scale that they need. They have Y2K issues, old equipment; therefore, they are stopping the
operation of that. It will affect twenty-five employees that are in this area. Those employees are
having the option of either relocating to Tampa or Orlando, retiring, applying for postage positions.
Those postage positions will probably be available in the Fort Lauderdale area and not in the
Miami -Dade area. That's the information that I found on that. Other than that, for the monthly
financial...
Commissioner Regalado: Just for your information and for the members of the Commission, those
people that will be laid off, about fifteen of them are Miami residents and they will not be
relocating. They are being laid off.
Chairman Plummer: And who are they being laid off by?
Ms. Weatherholtz: First Union. They work for First Union in their lock box center. Their lock
box center — when our people send in their bills, they send it to a P.O. Box.
Chairman Plummer: Is that the only lock box in Miami? -
Ms. Weatherholtz: Actually, we checked with Sun Trust. Their lock box operations are in Atlanta
and Orlando. We checked with Nations. They contract out all of their services. One of those
services, I know, is located in Tampa. There are no locations in South Florida.
Chairman Plummer: And we can't make it mandatory that First Union give these people other jobs?
Ms. Weatherholtz: Not to my knowledge we can't.
Vice Chairman Gort: They can't.
Mr. Donald Warshaw (City Manager): I don't think so.
an Plummer: Well,1 think you ought to talk to Mr. Mongoya.
92 March 23, 1999
Vice Chairman Gort: Migoya.
Chairman Plummer: Whatever. I think you ought to tell him that we are unhappy that fifteen city
residents are losing their jobs; that we ask consideration for those fifteen people; that demonstrate
to us how good a community this bank would like to be to the people who are putting money in
there. Does that help you, Mr. Regalado?
Commissioner Regalado: Oh, yeah. I mean, you know...
Chairman Plummer: Doesn't hurt anything. Hey, the worst he could say is no
Commissioner Regalado: It is the policy of -- and you establish that, Mr. Chairman, that we always
look for a local vendor.
Chairman Plummer: Absolutely.
Commissioner Regalado: You know, since I learned — when I learned that they will be moving to
Orlando, the people received their pink slips, and they were told, you know, the Miami office,
which, by the way, handles -- 90 percent or 80 percent of the work that they handle is the City of
Miami work. I mean, this office worked for the City of Miami. We pay them to do that. So, that's
why I mentioned that.
Chairman Plummer: OK. To Mr. Dipak and to Julie, is there any red flags flying that this
Commission should be concerned about in our financial report?
Ms. Weatherholtz: I can tell you that our annual audit is still running on schedule and it's slated to
be completed during the month of April. That will complete'98.
Chairman Plummer: That's not a red flag. Is there any red flags flying that we should be concerned
about and should be addressing?
Ms. Weatherholtz: And part of that finalization in the audit will be to put up reserves for such items
as our Risk Management and Health Insurance.
Chairman Plummer: Mr. Dipak, from this budget stand point, are there any red flags flying that we
should be concerned about?
Mr. Parekh: Not for this fiscal year, sir.
Chairman Plummer: Thank you, sir.
93 March 23, 1999
39. DISCUSSION CONCERNING FISCAL AND MANAGERIAL IMPACT OF
ANTICIPATED RETIREMENTS.
Chairman Plummer: Item 33, the fiscal impact...
Commissioner Regalado:. Excuse me?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Just talking about red flags. Mr. Manager, I have...
Chairman Plummer: There's one on that clock up there for 45 after.
Commissioner Regalado: I know. No, I got two minutes. It be easy. Just — I just want to repeat
what I've said here on the record, and I request of the Manager to place on the agenda on the last
meeting of April, the implementation of Amendment 3 in the City of Miami, that has an impact of
three million dollars ($3,000,000) in the budget.
Chairman Plummer: The fiscal impact of anticipated retirements. Mr. Manager.
Mr. Dipak Parekh (Director, Management & Budget): Commissioner, for fiscal year...
Chairman Plummer: � For the record, Mr. Dipak is speaking.
Mr. Parekh: Yes, sir.
Chairman Plummer: Doesn't know his name.
Mr. Parekh: Thank you, sir. For this year, I think it's a minimum impact. I think within normal
budgetary parameters. However, for fiscal year 2000, we have six hundred and six employees are
eligible to retire, of which over 25 years of service, number hundred and fifty-seven. Over 20 to 24
years, they number two hundred and twenty-six. Normally, within the patterns we have seen before
approximately three hundred and eighty-three people will generally believe to ha-+e some sort of
retirement plans for fiscal year 2000. The estimated impact, negative to the budget, will be eight
point five million dollars ($8,500,000). That's excluding the pay -out and the Tier 2, Step 3 of the
wages. This issue will -- you're bringing back before the City Commission in some time in
September again, sir.
Chairman Plummer: Mr. Silverman, I saw you come forward, Chairman of the Civil _Service Board.
Did you wish to comment on this issue?
Mr. Gerald Silverman: No. We're on the next one.
Chairman Plummer: You're on the next issue.
Mr. Silverman: Just getting a good seat.
04 March 23, 1999
Chairman Plummer: All right. We've already done part of the next one. So, is there any questions
on Item 33?
Mr. Donald Warshaw (City Manager): I'd like to make a comment on this one.
Chairman Plummer: Mr. Warshaw.
Mr. Warshaw: And I just think it's important that the Commission understands the seriousness of
the fact that when you've got six hundred plus employees who are eligible to retire, based upon, you
know, their being pension eligible...
Chairman Plummer: It's 20 percent.
Mr. Warshaw: ... we're talking about mattiaged hiring and bringing people in and, as I've been saying
on the record, filling those number two, three, four and five positions in departments. This is a
major issue that not only has budgetary impact, but has impact on the City's infrastructure. So, I'm
going to start to be providing you with information about personnel and hiring and vacancies so you
have a feel for where all this is going.
Chairman Plummer: So, it won't be a sole source emergency issue.
Mr. Warshaw: It won't be an emergency.
Chairman Plummer: Yes. Thank you, sir. OK.
40. PRESENTATION AND DISCUSSION CONCERNING SEVERAL CITY OF MIAMI
BOARDS AND COMMITTEES AND ABOLISHMENT OF AFFORDABLE ROUSING
ADVISORY BOARD- - PERSONAL APPEARANCE: GERALD SILVERMAN--
FURTHER COMMENTS REGARDING RESIGNATION FROM MIAMI SPORTS AND
EXHIBITION AUTHORITY BOAR — SEE LABEL 100.
Chairman Plummer: Item 34. Jerry, we've already talked with one person on that, but you're more
than welcomed and nice to have you here.
Mr. Gerald Silverman: Well, we've submitted our annual report. This is Gerald Silverman. I'm
Chairman of the Civil Service Board. We've submitted our report. Unless you have some
questions, I don't have anything to add.
Vice Chairman Gort: How's Cookie doing?
Chairman Plummer: How's Cookie doing?
Mr. Silverman: Doing good.
Chairman Plummer: She's doing fine?
Mr. Silverman: Yes.
Chairman Plummer: Thank you, Mr. Silverman. Nice to have you here.
95 March 23, 1999
Mr. Silverman: Thank you.
Chairman Plurr►mer: You all guys want to do the Law Enforcement Trust Fund now? All right.
We'll defer it until the next meeting. Let's see if we can't get some of the appointments made. All
right. The first one is Property Review. Mr. Regalado has left. The- next one is Brownsfield
Advisory Board. Sanchez, Regalado and At Large.
Commissioner Sanchez: Mr. Chairman, I would pass at this time.
Chairman Plummer: Sanchez. Huh?
Commissioner Sanchez: I would pass.
Chairman Plummer: You're going to pass. Regalado is not present.
41. DISCUSS / DEFER APPOINTMENT TO CODE ENFORCEMENT BOARD:
Chairman Plummer: The next one is Item number 38. Code Enforcement. Mr. Sanchez.
Commissioner Sanchez: Defer.
Chairman Plummer: Pass?
Commissioner Sanchez: Yes.
Chairman Plummer: All right. The next one is Community Development Advisory Board.
Commission At Large. Anybody have any recommendations?
Commissioner Sanchez: Just...
Ms. Teresita Fernandez (Assistant Executive Secretary, Hearing Boards): May I say something on
38?
Chairman Plummer: Tell us who you are.
Ms. Fernandez: Teresita Fernandez from the office of Hearing Boards.
Chairman Plummer: On 38.
Ms. Fernandez: Yes. Mr. Teele also has an appointment.
Chairman Plummer: That's not on the agenda, so we can't deal with it.
Ms. Fernandez: I know, but I just wanted to let you know.
Commissioner Teele: For which one?
Chairman Plummer: Thirty-eight.
96 March 23, 1999
Commissioner Teele: Who was my appointment before?
Ms. Fernandez: King.
Commissioner Teele: He didn't come to meeting?
Ms. Fernandez: No. He doesn't want to serve. He has other commitments. Thank you.
Chairman Plummer: We need some real live tigers on that board.
Commissioner Teele: Was that Jim King, tall...
Ms. Fernandez: Yeah.
Chairman Plummer: OK.
Ms. Fernandez: No, the other one...
Chairman Plummer: Community Development. Commission At Large. We'll pass it until the next
meeting. All right.
42. APPOINT / REAPPOINT' MEMBERSTO CITY OF NIIAMI AFFIRMATIVE
ACTION ADVISORY BOARD.
Chairman Plummer: Item -- Affirmative Action.Advisory Board. I have two appointments and my
staff did not give me any. I'll try to bring them back after lunch.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would reappoint Dr. Pierre.
Chairman Plummer: Dr. Pierre is on there now. All right. Mr. Sanchez, you have one.
Commissioner Sanchez: Mr. Chairman, at this time I will defer.
Chairman Plummer: He will pass. All in favor of the names proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
97 March 23, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-207
A MOTION APPOINTING DR. LAURINUS PIERRE AS A MEMBER
OF THE AFFIRMATIVE ACTION ADVISORY BOARD.
Note for the Record: The essence of M-99-207 was incorporated into R-
99-208.
Upon being seconded by Commissioner Sanchez, the .motion 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
Chairman Plummer: I think thatwe need to approve the three that were appointed by the Lodge.
Vice Chairman Gort: So moved.
Chairman Plummer: And that is...
Commissioner Sanchez: Second.
Chairman Plummer: ...Viona Browning, Jessica Angel, and Overton. Brooks. Moved by Gort.
Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-208
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL : AND CONFIRMING THE
APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF
THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
98 March 23, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
43. APPOINT TONY WAGNER TO CULTURAL FINE ARTS BOARD.
Chairman Plummer: Mr. Gort, you have an appointment to the Cultural Fine Arts Board?
Vice Chairman Gort: Tony Wagner.
Chairman Plummer: Tony Wagner?
Vice Chairman Gort: Yes.
Chairman Plummer: Move that the motion of the name proffered be accepted. Seconded by
Sanchez. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: No negatives.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-209
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
CULTURAL AND FINE ARTS BOARD FOR A TERM AS
DESIGNATED HEREIN.
99 March 23', 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
44. DISCUSS APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NIIAMI
SPORTS AND EJHIBITION AUTHORITY ("MSEA") FOR TERMS AS DESIGNATED
HEREIN. — SEE LABEL 50.
Chairman Plummer: Miami Sports and Exhibition.. Mr. Teele, you have two appointments.
Commissioner Teele: I move the two gentlemen. .
Chairman Plummer: I'm sorry?
Commissioner Teele: I move the names of Mr. Houston and Mr. Rebull.
Chairman Plummer: Mr. Rebull and Mr. Houston.
Commissioner Sanchez: Second.
Chairman Plummer: All right. I have an appointment. Can I make that appointment now?
Commissioner Sanchez: It's not on the agenda.
Chairman Plummer: All right. I can't make it.
Vice Chairman Gort: Right.
Chairman Plummer: All right. For the next agenda then, my appointment of — what are you
laughing for?
Commissioner Sanchez: How quickly you learn.
NOTE FOR THE RECORD: Defer appointments to Health Facilities Authority.
Chairman Plummer: Ah, shut up. Mr. Ratiner has resigned. I have his letter. I'll give it to you to
resign and I will be appointing Mr. Jim Courbier, but I have to do it at the next meeting. OK.
Health Facilities Authority. Sanchez, Teele, and Regalado.
100 March 23, 1999
Commissioner Sanchez: Defer my appointment.
Chairman Plummer: Mr. Teele?
Commissioner Teele: Defer.
Chairman Plummer: And Mr. Regalado is not present. OK.
45.(A) REAPPOINT RICHARD HEISENBOTTLE TO HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD.
(B). DIRECT CITY CLERK TO READVERTISE.
Chairman Plummer: The Historic and Environmental Preservation Board. Plummer, Sanchez,
Teele, and Teele.
Commissioner Sanchez: Are you going to appoint somebody?
Chairman Plummer: Mr. Sanchez, you have to do one that's an architect or an architectural
historian.
Commissioner Sanchez: Yes, sir. It's...
Chairman Plummer: Teele, a landscape architect or a real estate broker.
Commissioner Sanchez: Yes, sir, I do. I have Richard Heisenbottle and I make the motion and also
I would request a waiver of residency.
Chairman Plummer: What?
Commissioner Sanchez: A waiver of residency.
Chairman Plummer: All right. I will nominate Moreno Habif. Mr. Teele?
Commissioner Teele: Well, no one applied. Do they have to apply?
Mr. Walter Foeman (City Clerk): Yes, they do. This is an application on file, Commissioner.
Commissioner Teele: Would you -- move to readvertise.
Chairman Plummer: All right. All. in favor, say "aye."
Mr. Foeman: Commissioner Plummer?
Chairman Plummer: Yes.
Mr. Foeman: Also, your appointment has to be on file -- application on file.
Chairman Plummer: And it's not?
101 March 23, 1999
Mr. Foeman: No.
Chairman Plummer: We will so take care of that within the next. All right. Latin Review -Board.
Mr. Teele?
Commissioner Teele: Call the question on the last motion.
Chairman Plummer: I'm sorry?
Commissioner Teele: I call the question on the last motion.
Chairman Plummer: Motion to readvertise?
Commissioner Teele: Yes.
Chairman Plummer: 'I thought that was taken care of. Do we need a motion on that?
Mr. Foeman: Yes.
Chairman Plummer: Motion made by Teele. Seconded by Sanchez to readvertise on that board, the
Preservation and Environmental.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-210
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
102 March 23, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-211
A MOTION DIRECTING THE CITY CLERK TO READVERTISE
FOR ADDITIONAL APPLICATIONS TO THE HISTORIC AND.
ENVIRONMENTAL PRESERVATION BOARD.
Upon being seconded by Commissioner, the motion 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
NOTICE FOR THE RECORD: Defer appointments to Latin Review Board.
Chairman Plummer: Latin Review Board. Mr. Teele and Mr. Plummer. I'll pass right now. Mr.
Teele, you pass?
Commissioner Teele: Pass.
46. REAPPOINT CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON
THE STATUS OF WOMEN — SEE LABEL 89.
Chairman Plummer: All right. The next board is the Status of Women. Teele, and Gort has two.
Vice Chairman Gort: Pass.
Commissioner Teele: I'll appoint Ms. Swan.
Chairman Plummer: All in favor of the name proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
103 March 23, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-212
A MOTION REAPPOINTING NORA SWAN AS A MEMBER OF
THE COMMISSION ON THE STATUS OF WOMEN..
(Note for the Record: This motion was later reconsidered by Motion 99-
234).
Upon being seconded by Vice Chairman Gort, the motion 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
I7. APPOINT MANUEL CHAMIZO MEMBER TO MIAMI STREET CODESIGNATIOr
REVIEW COMMITTEE.
Chairman Plummer: Street Codesignation. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I will appoint Manuel Chamizo.
Chairman Plummer: Can you spell it?
Commissioner Sanchez: C-H-A-M-I-Z-O.
Chairman Plummer: All in favor of the names proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-213
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI
STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM
AS DESIGNATED. HEREIN.
104 March 23, 1999
Upon being seconded by Vice Chairman Gort, the motion 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
48. APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI
AFFORDABLE HOUSING ADVISORY COMMITTEE.
Chairman Plummer: Affordable Housing Advisory Committee. Sanchez has one and the
Commission At Large. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I would like to appoint Doug Myers.
Chairman Plummer: Who?
Commissioner Sanchez: Doug Myers.
Chairman Plummer: All right.
Mr. Walter Foeman (City Clerk): Chairman Plummer, for the record, as relates to Item 34, one of
the recommendations is to abolish the Affordable Housing Advisory Board, so we may want to hold
off on that to see what the administration is recommending.
Chairman Plummer: All right, we'll hold off on that one.
19. APPOINT / REAPPOINT CERTAIN INDIVIDUALS TO THE URBAII
DEVELOPMENT REVIEW BOARD.
Chairman Plummer: All right. Urban Development Review Board. Mr. Teele, Mr. Sanchez, has
two and I have one, which is the alternate.
Commissioner Teele: I'll appoint Mr. Wolfberg.
Chairman Plummer: OK. Mr. Sanchez.
Commissioner' Sanchez: Richard Arango and Marilyn -- and I'm going to spell the last name —
N-E-P-O-M-E-C-H-I-E.
Chairman Plummer: All right. All in favor of those names that are proffered, say "aye."
The Commission (Collectively): ,Aye.
105 March 23, 1999
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-214
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS
OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, 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
50. REAPPOINT AL HOUSTON AND JULIO G. REBULL TO AHAMI SPORTS AND
EXHIBITION AUTHORITY — SEE LABEL 44.
Chairman Plummer: We have to go back. I am informed that we didn't vote on 42 and 42 is...
Commissioner Sanchez: Miami Sports and Exhibition.
Chairman Plummer: All right. On the names proffered — all in favor of those names proffered, say
"aye "
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-215
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.
106 March 23, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
51. APPOINT CERTAIN INDIVIDUALS TO COMMUNITY RELATIONS BOARD. —
LABELS 91 AND 95.
Chairman Plummer: We're now on 50, Community Relations Board. Each one of us has
appointments, two appointments. I appointed one already, which is Pat Tornello, and I'll reserve my
other one. Mr. Gort?
Vice Chairman Gort: Same individuals.
Chairman Plummer: Who are the same individuals? There's been no appointments previously, so it
can't be the same ones.
Vice Chairman Gort: Yes, it has.
Mr. Walter Foeman (City Clerk): This is a 'new board.
Vice Chairman Gort: Hello?
Chairman Plummer: It's a new board.
Vice Chairman Gort: Which one is this?
Chairman Plummer: Community Relations.
Vice Chairman Gort: Oh, no. I'll have to waive on that one.
Chairman Plummer: All right. Mr. Sanchez.
Commissioner Sanchez: Mr. City Clerk, I have...
Mr. Foeman: Yeah. At the last meeting you appointed Frankie...
Commissioner Sanchez: Francel.
107 March 23, 1999
Mr. Foeman: Sandra Francel.
Commissioner Sanchez: Yes.
Mr. Foeman: But we didn't designate a specific category, whether or not it was for the Steering
Committee or the regular board appointment.
Commissioner Sanchez: I'm going to put her on the regular board.
Mr. Foeman: OK.
Chairman Plummer: All right. Mr. Teele, do you have any appointments? Community Relations.
Commissioner Teele: How many appointments were set up by — are there any designated
appointments?
Chairman Plummer: No.
Mr. Foeman: No. The Commission gets two each for the regular appointees and the Mayor gets
two for the regular appointees.
Commissioner Teele: But what kind of commitments were made as we set this board up? I mean,
we were concerned about making sure that the Police and some other people and the NAACP
(National Association for the Advancement of Colored People) and PULSE (People United to Lead
the Struggle for Equality) -- I mean, none of that is being — how is that being coordinated?
Chairman Plummer: Was any of these boards...?
Commissioner Teele: I would ask that this item be deferred until the end of the Zoning agenda
because I think Commissioner Regalado — didn't he really work to set this board up?
Commissioner Sanchez: Yep.
Mr. Foeman: I think...
Commissioner Teele: I think his input is important, but I think we should — Mr. Chairman?
Chairman Plummer: I'm sorry.
Commissioner Teele: No, no, no, no. I think we should try to engage Commissioner Regalado to
see if there are appointments that need to be made that would be consistent with the spirit which
this board -- I mean, I'm concerned that the NAACP, that PULSE, that Police, the people that were
in the discussions in the setting up of this board, whatever informal understandings were made...
Chairman Plummer: Are you wishing to defer?
Vice Chairman Gort: I have two appointments and it goes according to what he's saying. This is --
I have two individuals that work very hard.
Chairman Plummer: All right. Mr. Gort.
108 March 23, 1999
Vice Chairman Gort: Dominos tournament is bringing our community together, and I think -this
will be Tony Rodriguez and Tom Gabriel.
Chairman Plummer: All right. That's your two appointments.
Vice Chairman Gort: Right.
Commissioner Sanchez: Hey, that was the appointments I was going to make.
Vice Chairman Gort: Sorry.
Chairman Plummer: You're out of luck. You sit there quiet and you don't know what you're doing,
that's going to happen. Is there anything further on this item?
Mr. Foeman: Well, there's a Steering Committee also.
Chairman Plummer: I'm sorry?
Mr. Foeman: There's a Steering Committee that was part of this and I believe you're going to
designate staff people to be on the Steering Committee.
Chairman Plummer: All right. Let's approve those names that have already been proffered. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it done.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-216
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
REGULAR BOARD 'MEMBERS OF THE COMMUNITY
RELATIONS BOARD:
PAT TORNELLO (nominated by Chairman Plummer)
SANDRA FRANKEL (nominated by Commissioner Sanchez)
TONY RODRIGUEZ (nominated by Vice Chairman Gort)
TOM GABRIEL (nominated by Vice Chairman Gort)
(Note for the Record: The essence of this motion is incorporated as part
of R-99-239).
109 March 23, 1999
Upon being seconded by Commissioner Gott, the motion 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.
1►1:V(. •f e n
ABSENT: Commissioner Tomas Regalado
Chairman Plummer: All right. Now, the Steering Committee.
Mr. Walter Foeman (City Clerk): Each member of the Commission gets one appointment for. the
Steering Committee and that's supposed to be designated by staff personnel.
Chairman Plummer: All right. Who's the members of the staff that we appoint?
Mr. Foeman: Your respective staff.
Chairman Plummer: Our own staff.
Mr. Foeman: Is the way I interpret it.
Chairman Plummer: All right. I'll put Martha Martinez-Aleman.
Vice Chairman Gort: Which one is this?
Chairman Plummer: This is — of your staff, choose one person who will be on the Steering
Committee.
Commissioner Teele: Mr. Chairman, I'm very -- I really think that we should wait until
Commissioner Regalado is — I don't know that that was the interpretation.
Mr. Foeman: I'm just reading from the legislation. You're welcome to defer it, if you like.
Chairman Plummer: All right. We can wait. We can wait.
Commissioner Teele: I don't question what you're saying. I just would...
Chairman Plummer: All right.
110 March 23, 1999
52. APPOINT MONICA FERNANDEZ TO MIAMI AUDIT ADVISORY COMMITTEE.
Chairman Plummer: The Miami Audit Advisory Committee. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, Monica Fernandez.
Chairman Plummer: All right. All in favor of the name proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-217
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI
AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, 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
53. APPOINT CERTAIN INDIVIDUALS TO PLANNING ADVISORY BOARD — SEE
LABEL 90.
Chairman Plummer: Planning Advisory Board. Mr. Gort, Mr. Sanchez, Mr. Teele, and Regalado
with two.
Vice Chairman Gort: Pass.
Chairman Plummer: Mr. Gort passes.
Commissioner Sanchez: Mr. Chairman, I'd like to appoint Dana Manner.
Chairman Plummer: All right. Mr. Teele?
III March 23, 1999
Commissioner Teele: Pass. .
Chairman Plummer: Pass. And Regalado is not here. All in favor of the name proffered, say
"aye "
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-218
A MOTION APPOINTING DANA MANNER AS A MEMBER OF
THE PLANNING ADVISORY BOARD.
(Note for the Record: the essence of this motion is incorporated as part
of R-99-235).
Upon being seconded by Vice Chairman Gort, the motion 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
54. APPOINT ILEANA FERNANDEZ TO ZONING BOARD — SEE LABEL 71.
Chairman Plummer: The final board is the Zoning Board. Plummer, Gort, Teele, and Regalado
with two. Mr. Gort.
Vice Chairman Gort: Ileana Hernandez -Acosta, and she's a city elector.
Mr. Walter Foeman (City Clerk): I'm sorry?
Commissioner Teele: Pass.
Chairman Plummer: Mr. Teele?
Commissioner Teele: Pass.
Chairman Plummer: Pass. And I pass. All in favor of the name proffered, say "aye."
The Commission (Collectively): Aye.
112 March 23, 1999
Chairman Plummer: Opposition? Show none.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 99-219
A MOTION APPOINTING ILEANA HERNANDEZ-ACOSTA AS A
MEMBER OF THE ZONING BOARD.
(Note for the Record: the essence of this motion is incorporated as part
of R-99-230).
Upon being seconded by Commissioner, the motion 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
Chairman Plummer: All right. Mr. -- we have two items of the Commission's -- no, we don't.
Where did all of this come from? All right. We'll take this up after two o'clock. Is there anything
else that we need to take before lunch? All right. This Commission is adjourned until 3 p.m. this
afternoon.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
11:57 A.M. AND RECONVENED AT 2:58 P.M. WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT VICE CHAIRMAN GORT AND COMMISSIONER TEELE.
Vice Chairman Plummer: For the record; there's two items being pulled for Planning and Zoning.
They will be deferred until the next meeting, which is April the 13th. I'm sorry. Which would be
the 27th, yes. It is Item 613, as in boy, and Item 12. This is of the Planning and Zoning Agenda and
as soon as we get a Clerk, we'll put it up on the board, that these items have been pulled by the City.
We have very, very little left of the morning agenda. Mr. Clerk, just for the record, to make sure
we're in order, the Manager informs me that what we're missing of the morning agenda is Item 3,
Item 9, and CA-9. The blue copies of the Commission Agenda and Planning and Zoning, in which
two items have been already pulled. Item 613 and Item 12. OK? If you have anything to the
contrary, please let me know. If we get another Commissioner, we can go because we were
supposed to start at two. All right. I'll announce one more time, since we're starting in five minutes.
Everybody listening? The rest of what we have to do is Item 3, Item 9, and CA-9 of the morning
agenda. All of the Commission agenda, which is the blue copy, on Planning and Zoning, two items
have been pulled. Item 6B, as in boy, and Item 12. Mr. Stanley Price, it's nice to have you, sir. The
Honorable. Mr. John Brennan, sir, it's nice to have you here, sir.
Mr. John Brennan: I was here all morning.
113 March 23, 1999
Chairman Plummer: As ornery as you are, it's nice to have you here. Remind us, we've got to do a
motion to defer 6B and 12. I can't do it without a third. Is there a Commissioner in the house?
Commissioner Regalado: Yes.
Chairman Plummer: Audrey, has your thing been done for the fences? Good. All right. Mr.
Regalado is here. The hotel people, do you want to wait for a full Commission? Hello?
Commissioner Regalado: I think we should.
Chairman Plummer: You want to wait for a full Commission?
Unidentified Speaker: Yes.
Chairman Plummer: OK.
Commissioner Regalado: Mr. Chairman, if...
55. APPROVE THIRD ANNUAL MIAMI RIVERDAY FESTIVAL EVENT SCHEDULED
FOR APRIL 3, 1999, FROM PAYING NON-LABOR/PERMIT FEES.
Chairman Plummer: All right. May I take one out of order to get it finished here? It's really a
pocket item, but it's a City pocket item.
Chairman Plummer: Moved by Sanchez. Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show unanimous.
114 March 23, 1999 .
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-220
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO THE THIRD ANNUAL MIAMI RIVERDAY FESTIVAL,
CONDUCTED IN PART BY THE CITY OF MIAMI DEPARTMENTS
OF PLANNING AND REAL ESTATE AND ECONOMIC
DEVELOPMENT, TO BE HELD AT LUMMUS PARK, ALONG THE
MIAMI RIVER, AND AT THE MIAMI SCOTTISH RITE MASONIC
CENTER ON APRIL 3, 1999; AUTHORIZING THE CITY MANAGER
TO WAIVE ALL NON-LABOR/PERMIT FEES ASSOCIATED WITH
SAID EVENT, CONDITIONED UPON THE ORGANIZERS: (1)
PAYING FOR ALL OTHER NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE; (3) COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Mr. Alejandro Vilarello (City Attorney): Just for the record, the Manager has reviewed and
approved this.
Chairman Plummer: Yes, the Manager has approved this by the way, and it came from him.
Mr. Donald H. Warshaw (City Manager): Right.
Chairman Plummer: All right.
Commissioner Regalado: Mr. Chairman, if...
Chairman Plummer: Wait a minute. Hold on. I've got to do this first.
Commissioner Regalado: OK.
115 March 23, 1999
Chairman Plummer: The minutes of the meeting of — we didn't vote on it. I'll need a motion on the
minutes of March 10th, April 14th, June the 9th, June the 15th, July the 7th, and August the 13th,
1998, to approve the minutes. Mr. Regalado moves. Mr. Sanchez seconds. All in favor, say "aye."
[NOTE FOR THE RECORD: THE MINUTES OF MARCH 10, APRIL 14, JUNE 9, JUNE 15,
JULY 7, AND AUGUST 13, 1998 WERE APPROVED]
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
56. SUPPORT CONCLUSION OF UNITED STATES.CONGRESS RECOGNIZING DALI
LAMA AND TIBETAN GOVERNMENT IN EXILE AS TRUE REPRESENTATIVES OF
TIBET.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: One of the issues that I had placed on the agenda, Mr. Chairman, is an
issue about Tibet. And I see that there are people here who are coming for this resolution. It's very
simple but important. The Dalai Lama is coming to Miami. He will be honored on April 16, in
Florida International University. And what, basically, this resolution does is supports the
conclusion of the United States Congress that Tibet, including those areas incorporated into the
Chinese provinces of Sichuan, Yunnan, Gansu and Qinghai is an occupied country under the
established principles of international law whose true representatives are the Dalai Lama and the
Tibetan goverrunent-in-exile as recognized by the Tibetan people. So, I present to the City
Commission -this resolution, and this is in symbolic support for the people of Tibet, who have been
suffering for so much during so long of a time. So, I move this resolution, Mr. Chairman.
[AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 3:00 P.M.]
Chairman Plummer: You move it. Is there a second? Is there a second?
Commissioner Teele: Second.
Chairman Plummer: Seconded by Commissioner Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
116 March 23, 1999
The following resolution was introduced'by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-221
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUPPORTING THE CONCLUSION OF THE UNITED. STATES
CONGRESS THAT TIBET, ' INCLUDING THOSE AREAS
INCORPORATED INTO THE CHINESETROVINCES OF SICHUAN,
YUNNAN, GANSU AND QINGHAI, IS AN OCCUPIED COUNTRY
UNDER THE ESTABLISHED PRINCIPLES OF INTERNATIONAL
LAW WHOSE TRUE REPRESENTATIVES ARE THE DALAI LAMA
AND THE TIBETAN GOVERNMENT -IN -EXILE AS RECOGNIZED
BY THE TIBETAN PEOPLE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Regalado: Thank you. (Applause)
57. APPROVE / RATIFY / SOLE -SOURCE FINDING FOR PURCHASE OF
MOTOROLA DIGITAL PORTABLE RADIOS FROM MOTOROLA, INC. —
ALLOCATE $125,021.90 FROM CAPITAL IMPROVEMENT PROJECT 31303,
ACCOUNT 289401.840.
Chairman Plummer: All right. Let's go back and finish the morning agenda. Item 3 was pulled by
myself. And I would now say that, with the proviso that, in the future, that any radio
communications equipment must go out to a bid. I would say that I now withdraw my objections to
Item Number 3. This is radios for the Fire Department. Moved by Sanchez. Seconded by
Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
117 March 23, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-222
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
PURCHASE OF MOTOROLA DIGITAL PORTABLE RADIOS WITH
ACCESSORIES FROM MOTOROLA, INC., THE SOLE SOURCE
PROVIDER, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN
AMOUNT NOT TO EXCEED $125,021.90; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313303, "FIRE -RESCUE DEPARTMENT
COMPUTERS AND COMMUNICATIONS," ACCOUNT CODE NO.
289401.840.
(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
58. AUTHORIZE PROFESSIONAL SERVICE AGREEMENT WITH BILL YATES — TO
DESIGN / EVALUATE / DEVELOP COMMUNITY POLICING COMPONENTS FOR
POLICE — ALLOCATE $34,942 FROM ACCOUNT 142021.290496.6.270- - SEE LABLE
11.
Chairman Plummer: The next item is Item 9. Item 9 of the regular agenda, and that was for the
Mayor. He wish to be heard on that item. The other item is CA-9. CA-9 is by Mr. Gort. And I
understand, Mr. Manager, you said that he is now in concurrence and has no objection?
Mr. Donald H. Warshaw (City Manager): Yes.
Chairman Plummer: For the record?
Mr. Warshaw: Yes, for the record, he did say that.
118 March 23, 1999
Chairman Plummer: All right. Moved by Sanchez. Seconded by Regalado. CA-9. All in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-223
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN A FORM ACCEPTABLE TO TH CITY
ATTORNEY, WITH BILL YATES, FOR A PERIOD OF ONE (1)
YEAR, TO DESIGN, DEVELOP AND EVALUATE COMPONENTS
FOR THE ESTABLISHMENT OF A COMMUNITY POLICING
DEMONSTRATION CENTER, FOR THE MIAMI POLICE
DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $34,942;
ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY
POLICING DEMONSTRATION CENTER GRANT, ACCOUNT
CODE NO. 142021.290496.6.270.
(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
59. DEFER PROPOSED FIRST READING ORDINANCE AMENDING CHAPTER 29 /
ARTICLE IV / SECTION 29-122 OF CODE: • LANDFILLS AND WATERFRONT
EUPROVEMENTS.
Chairman Plummer: Mr. Mayor, that leaves us with the morning agenda of that you requested of
Item Number 9, and then the blue agenda, if you wish to take that up before Zoning or after Zoning,
but Item 9 is the one that you asked to be heard on. We will now — anyone here wishing to speak
on Item 9. Mr. Brennan, I know, is here. Mr. Manager, you want to put on your presentation of
Item 9?
Mayor Carollo: Commissioner...
119 March 23, 1999
Chairman Plummer: Does the staff wish to speak?
Mayor Carollo: I don't know what presentation the Administration might have or not.
Chairman Plummer: Or might not have.
Mayor Carollo: But on this particular item, I really would want, if the Administration hasn't done
so -- and I don't know what they have done in this particular item or not. But I really think that this
is an item that they need to study thoroughly and, then, come back to this Commission with a sound
recommendation. I see none here whatsoever and I don't know if any of you have been spoken to
about this item. I surely had not. This is the first that I've heard of it, once it was placed on the
agenda.
Chairman Plummer: All right. Mr. Brennan, you wish to be heard. You have a couple of minutes.
Mr. John Brennan: I haven't figured out what the problem is.
Chairman Plummer: John, your name and mailing address first and then...
Mr. Brennan: Oh, my name. Nobody knows me. My name is John A. Brennan, 2336 Swanson
Avenue. That's up the hill, here.
Chairman Plummer: Yes.
Mr. Brennan: Mr. Mayor, tell me what the problem is.
Mayor Carollo: Well, John, frankly, if you're asking, I'm going to be...
Mr. Brennan: I'm asking.
Mayor Carollo: I'm going to be very polite and tell you. This is part of the problem that I have with
this item. This same kind of attitude .that I've been seeing coming from this board. I'm very
concerned with some of the actions that I have seen, as of late, that are not actions that might be
necessarily in the best interest of the City of Miami, and I would like to know from the
administration, first of all, what they will recommend on this particular item? And, frankly, second
of all, John, I'd like to know the justification for this board to even exist. I can't be more frank than
that.
Chairman Plummer: All right. The floor is open for a motion. The floor is open for a motion. The
third and final time -- no motion means no action. For the third and final time, is there a motion?
Hearing none, Mr. City Attorney...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Could we just hear a little bit of explanation from the management before we
start...
120 March 23, 1999
Chairman Plummer: Sir, I asked originally and they sat there quiet. Now, unless they want to say
something, that my first request was of the administration. Does the administration, for the second
time, wish to have any comments on this issue?
Mr. Donald H. Warshaw (City Manager): I think, in fairness — and Commissioner Teele's
legitimate question, we did place this on the agenda at the request of the Waterfront Advisory Board
but, in retrospect, this should have been discussed by the administration with the -five of you and the
Mayor. And my recommendation would be — we don't have a position on it one way or the other,
but it should come back -- we'll bring it back at the next meeting. Give the administration a chance
to talk to each of you.
Chairman Plummer: Is there a motion?
Commissioner Regalado: Motion for what?
Chairman Plummer: Either to defer, deny, approve...
Commissioner Teele: Well -- but before...
Chairman Plummer: ...drop back and punt.
Commissioner Teele: Look, I've had, at least, three people to call me on this.
Chairman Plummer: All right.
Commissioner Teele: And the issue, as it has been explained to me -- and I'm still not hearing much
from the management on this — is that the Waterfront Advisory Board feels that they were not in
the loop, if you will, on certain matters being presented to the Commission in terms of Virginia Key
or the Virginia Key Advisory Board. Now, maybe we have too many advisory boards. You know,
I'm not sure where everybody's coming out on this. But I think it's very, very important, as a matter
of principle, for us to understand that we are here as stewards of the public and, to some extent,
we've got to hear from the citizens, particularly the citizens that are affected. I don't think there is
anything more important to the long term future of this City than being absolutely conservative,
absolutely frugal as it relates to the development of waterfront properties. And, as I have said, you
know, previously -- and I want to reiterate -- I think we're moving, Mr. Manager, way too fast on the
-- I think we're moving way too fast in the development of waterfront properties. I call your
attention to the discussion and the actions of the Commission here in the Grove, park, or an area
that had purportedly been promised to be a park, the efforts on Watson Island. You know, we had
some discussion, Mr. Mayor -- and I hope you'll review the transcript on some of the concerns that I
had and I think Commissioner Plummer had some different ones -- about the 70,000 square feet that
are being, again, developed east of Biscayne Boulevard. We learned, if nothing else, from
Bayfront, the development east of the boulevard doesn't necessarily translate to development west
of the boulevard and that's particularly important because we have this large track of land in Park
West, where we know we need development. We know it's under development. I do know there's a
lot of talk about that. But I think, from my point of view, Mr. Manager and to the public, I think
we're moving too fast on waterfront development. I think more input is better than less input. I'm
not sure who all these boards are, the Waterfront Board, the Key — the Virginia Key Board. I mean,
there's a lot of boards out here now. Lot of people giving advice. And I do think that the
management needs to try to give us some advice on how to ensure that we're listening to the people
that are on these boards or we get rid of the boards. Nothing's worst, as a citizen, I think, than being
121 ' March 23, 1999
on a board and then — and going to meetings and then not being heard. And I think it's particularly
important, in the development process, that the boards be — that the boards — to the extent we have
boards, and we want to keep boards, that they be consulted prior to the issuance of RFP's (request
for proposal) or prior to the issuance of the development process, our unified development process
and others. So, I have no problems tabling this item. No problems voting against it. I'm not sure
what it does. But I really do think that when it comes to the development of waterfront properties,
we need to move more -- with more caution and with less dispatch. Because there is a question, I
think, that, at some point, we began to cannibalize our own developments. Watson Island, which
we've moved forward with, is a major development and, you know, as Alexander the Great's father
explained to him, purportedly as he cried, because he felt that his father was capturing too much
land, "they'll be plenty left for your, son, when I'm finished" and there was. So, I think we should
try hard to leave some for our children to develop and not try to do it all here in...
Chairman Plummer: All right. Is that a motion?
Commissioner Teele: ...this Millennium. I would move that this item be deferred, unless, Mr.
Mayor, you had a different view.
Mayor Carollo: No. I think that you're saying the same thing that I am, Commissioner, that we go
about this in an orderly process. And, for the record, Commissioner Teele was not referring to any
local Alexanders, only the historical ones.
[AT THIS POINT, VICE CHAIRMAN GORT ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 3:06 P.M.]
Chairman Plummer: All right. There's a motion on the floor. Is there a second? Is there a second?
Vice Chairman Gott: Second.
Chairman Plummer: There is a second. Mr. Brennan, you can speak only now to the deferment.
Can't speak to the issue. You can speak to the deferment.
Mr. John Brennan: No, I wasn't going to speak to the issue. I would like to say that I offer my time
to the Mayor or to any of the Commissioners, individually, or we'll take a group and we'll sit down
and discuss what we do and why.
Chairman Plummer: You've always been very much there, if needed.
Mr. Brennan: Thank you.
Chairman Plummer: And we thank you. All right. All in favor of the deferment, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
122 March 23, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-224
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 9
(PROPOSED FIRST READING ORDINANCE TO AMEND CODE
SECTION 29-122, ENTITLED "LANDFILLS AND WATERFRONT
IMPROVEMENTS/WATERFRONT � ADVISORY BOARD/SCOPE,"
TO REQUIRE THAT THE WATERFRONT ADVISORY BOARD BE
INFORMED OF ANY DEVELOPMENT AND/OR DISPOSITION OF
WATERFRONT PROPERTY AT THE CONCEPTUAL PLANNING
STAGE).
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
60. AUTHORIZE OPERATION OF FLEA MARKET BY C.C.A.L. CORPORATION AS
TEMPORARY SPECIAL EVENTS, AT 1480 NORTHWEST NORTH RIVER DRIVE,
MIAMI, FLORIDA (MARI SHRINE PROPERTY — FURTHER PROHIBIT SALE OF
FISH AT SAID EVENT.
Chairman Plummer: Do we want to go into the Commission action now? I'm just thinking...
Mayor Carollo: I would suggest, unless the Commission wishes otherwise, that it probably would
be good to handle that now so...
Chairman Plummer: OK.
Mayor Carollo: ...that you're only left with the other items.
Chairman Plummer: Zoning? All right. Mr. Gort, your first item is in reference to a flea market.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by -- this is in the blue copies. The flea market is moved by
Commissioner Gort. Seconded by Sanchez. Anybody wishing to discuss the issue. All in favor,
say "aye."
123 March 23, 1999
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-225
A RESOLUTION, WITH CONDITIONS, RELATING TO
TEMPORARY SPECIAL EVENTS, AUTHORIZING FOR A PERIOD
OF TIME NOT TO EXCEED FOUR (4) CONSECUTIVE WEEKS,
THE OPERATION OF A FLEA MARKET BY C.C.A.L.
CORPORATION AS TEMPORARY SPECIAL EVENTS, AT 1480
NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORID (MAHI
SHRINE PROPERTY); SAID AUTHORIZATION CONTINGENT
UPON THE ORGANIZER PROHIBITING TH SALE OR
PREPARATION OF ANY FISH PRODUCT AT EACH EVENT.
(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.
61. DISCUSS PENALTY CHARGES FOR FALSE BURGLAR ALARM CALLS.
Chairman Plummer: Mr. Gort, concerning burglar alarms.
Vice Chairman Gort: I received a letter from Luis Sabines but I don't think he's here. And the...
Chairman Plummer: Defer it?
Vice Chairman Gort: ...one complaint that we got all the time is the false alarm but, at the same
time, people need to understand that every time you have a false alarm, we send two officers to it
and if these alarms are not getting straightened out, we get -- and I don't know. Somebody can tell
me how many calls we get and what it cost the City every time we get a false alarm. ' And the only
reason, my understanding is, we put — we place a penalty into it is for the reason that that's the only
way they'll get together with the alarm — the provider of the alarm system and fix it up, so we won't
have any false alarms.
124 March 23, 1999
Chairman Plummer: You'll sit with Mr. Gort and explain to him all of that and work with him and
do whatever he needs to be done.
Mr. John Buhrmaster (Executive Assistant to the City Manager): Yes, sir.
Chairman Plummer: Mr. City, I only have one question on that issue and it arose the other day. We
have what is called an NR, a "no response." I am still concerned, and I want your opinion,. as to
whether or not, when we don't respond on a burglar alarm call, there is a break-in, is the City liable?
And it happened the other day in South Grove. There was a no response because the people had
had too many alarms. Give it to me in writing. I don't need the answer here today.
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
62. DISCUSS NOISE AND EXHAUST FUMES AT 2351 DOUGLAS ROAD — DIRECT
CITY MANAGER TO REVIEW CHANGING CODE IN CONNECTION EMERGENCY
GENERATOR / EXHAUST FUMES / GIANT FANS REQUIREMENTS.
Chairman Plummer: The next item — I'm just concerned about City liability.
Vice Chairman Gort: Is yours.
Chairman Plummer: The next item is Mr. Sanchez. Oh, I'm sorry. No, mine. Mr. Bloom. Where's
Mr. Bloom? To my colleagues on the City Commission, let me explain to you the problem, if I can,
and about as easy a I can. Mr. Bloom lives right behind Douglas Road. There is a very tall
building. I don't even know the amount of stories. He is plagued with the fact that they have
generators — is everybody listening? -- that they have generators that they run once a week and
rather than the exhaust being taken and going up to the top of the building to decimate out at the top
of the building, it comes straight out across and over into the house next to the building and into his
house. I took this before Building and Zoning, who are telling me that, in fact, the man with the big
building is fully within compliance. I'm saying that I don't believe that that can be true, that these
people have to be suffering under the pretense of running those generators with the fumes coming
over into their house. Now, I've asked Mr. Bloom can come here so that he knows that I've tried to
do everything humanly possible. I think he has a very legitimate complaint and, according to our
people, Mr. Manager, we can't do anything about it. I find that hard to believe. Maggie.
Ms. Maggie Genova-Cordovi (Interim Director, Department of Building and Zoning): Yes. There
might be a solution...
Chairman Plummer: Tell us your name, please.
Ms. Genova-Cordovi: For the record, Maggie Genova-Cordovi, Interim Director, the Department
of Building and Zoning. It is true that the Code does not require that anything be done; however, in
working with the property owner, he has, voluntarily, agreed to try to reroute the pipes and I think
that next week we're going to be working on some sort of arrangement to...
Chairman Plummer: Thank you. Mr. Bloom, you're a winner. Goodbye, sir. And thank you to the
manager of the hotel or the building, is going to reroute the pipes. If they don't reroute it to where
you don't have to eat the fumes, you come back, sir.
125 March 23, 1999
Commissioner Regalado: If I may?
Chairman Plummer: You won.
Mr. Leo Bloom: Incidentally...
Chairman Plummer: You won.
Commissioner Regalado: Leo, Leo. If I may? Leo? Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I also requested help from DERM (Department of Environmental
Research Management) because I was told by Building and Zoning that it would be up to DERM,
so I requested help from DERM. It don't know if you have the copy already.
Mr. Bloom: 'I spoke to DERM already.
Commissioner Regalado: OK. And Alice Robertson said that they would look into that. I also
found very difficult to believe that there's nothing that we can do about it. I...
Chairman Plummer: Well, Mr. — let me tell you something. I think we need to change our Code,
Mr. Manager. And let me tell you two areas, not just the exhaust that should be required to go up to
the top of a building to decimate out into the open, but let me tell you something else that's causing
a problem. These big buildings with these humongously noisy fans that are blowing out rather than
blowing up. Right here in the Grove, we have one and I think...
Commissioner Regalado: But let say this.
Chairman Plummer: I think we ought to...
Commissioner Regalado: I remember many months ago — Rafael Rodriguez from the Coral Way
NET -- we went to Paseos and they had a similar problem and that problem was solved because
what we requested was sort of a buffer or some kind of fans or something and the problem was
resolved. So, I don't know why we're not able to request the same thing.
Ms. Genova-Cordovi: I think that possibly the problems is -- because I used to be NET
(Neighborhood Enhancement Team) Administrator of Coral Way, so I was familiar with the
problem in Paseos. In there, it was not a generator. It was equipment that had to do with the air
conditioning and that can be regulated. In the case of this other property on Douglas Road, it's an
emergency generator. Emergency generators are not regulated.
Chairman Plummer: They should be.
Ms. Genova-Cordovi: Companies -- buildings that have emergency generators are required by
insurance companies to test once a week. The test in this particular building is only Monday or
Tuesday mornings at 10 a.m. It runs for 10 minutes.
Mr. Bloom: No, no. Excuse me.
126 March 23, 1999
• Ms. Genova-Cordovi: Those are not regulated.
Mr. Bloom: Excuse me.
Commissioner Regalado: It's more than that.
Mr. Bloom: It's 40 minutes a week.
Chairman Plummer: Do you know how much fumes you've got to suck up in 10 minutes? Enough
to kill you.
Ms. Genova-Cordovi: No, I agree.
Mr. Bloom: It's 40 minutes per week.
Chairman Plummer: All right. Mr. Bloom.
Mr. Bloom: It's 40 minutes per week. Twenty-five on Monday...
Chairman Plummer: All right.
Mr. Bloom: Fifteen on Tuesdays.
Chairman Plummer: All right. Mr. Bloom, right now, sir, we're being told, the owner of the
building is going to reroute it. If it's not done properly, you come back to me, sir, as you have now.
Vice Chairman Gort: It's not that difficult to reroute it.
Chairman Plummer: But I think, at this point, you're a winner.
Mr. Bloom: Great.
Chairman Plummer: OK?
Genova-Cordovi: They're willing to do it.
Chairman Plummer: All right.
Vice Chairman Gort: But let me ask you a question. I think the...
Ms. Genova-Cordovi: Voluntarily, they're willing to do it.
Vice Chairman Gort:. I think J.L. -- I think we should make that part of our zoning ordinance,
anybody that has an emergency. Because all you do is conduct the pipe all the way up to the top.
Chairman Plummer: Just take the pipe straight up.
Vice Chairman Gort: It's not that much more to do so.
Ms. Genova-Cordovi: Would require an amendment.
127 March 23, 1999
Chairman Plummer: Well, then, prepare it for us here. And, Mr. Manager, you're not to let her
retire in April. I don't care what she says.
63. URGE LEGISLATURE OF THE STATE OF FLORIDA TO ENACT SENATE BILL
1218, AUTHORIZING MUNICIPALITY OF 300,000 OR MORE POPULATION --
WHICH HAS BEEN DECLARED TO BE IN, A STATE OF FINANCIAL EMERGENCY -
- TO IMPOSE SURCHARGE FOR PARKING OPEN TO THE PUBLIC WITHIN THE
MUNICIPALITY — DIRECT ADMINISTRATION TO INFORM PUBLIC OF
PROPOSED SURCHARGE — SEE LABEL 98.
Chairman Plummer: Mr. Sanchez, item -- District 3-A.
Commissioner Sanchez: Mr. Chairman, as you're aware, we have one bill in Tallahassee, Senate
Bill 1218, House Bill 1905, that would allow the City to implement a parking surcharge if passed
through the House and the Senate. This Bill would allow the City to generate close to — a round
ballpark figure, ten to fifteen million dollars. The resolution that I'm putting forward to this
legislative body would direct the City Manager, if we do come up with that money, that that money
would be utilized or a portion of that money to lower the millage by point five, a reduction from ten
percent to nine point five, giving the taxpayers of the City of Miami a relief on the millage. Also,
would ask that some of that money would be used to reduce the fire fee imposed during the
financial crisis that we had to the taxpayers and the burdens that they're faced with. So, If I' could
have the City Attorney read the resolution, we could vote on it. I would move it.
Mr. Alejandro Vilarello (City Attorney): It's in the record. It doesn't require to be read. I'd be
happy to if you'd like.
Commissioner Sanchez: I would prefer you read it.
Chairman Plummer: All right. Is that offered in the form of a motion?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Is there a second? is there a second?
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Mr. Gort. Under discussion. First, Mr. Teele.
Commissioner Teele: Is the intent of the resolution to
Create a revenue neutral implication or -- I certainly would support, at the appropriate time,
providing tax relief -- because I do know that the legislature — I know the Governor. I know all the
public policy bodies in this state are red flagging Miami. I mean, everywhere you go, that's the one
thing people are talking about, the ten mill -- we're at the ten mill cap. But I think — unless
somebody in the legislature's trying to exact this, I think it's a little bit premature to start saying how
we're going to spend the money before we get it. I mean, at the same time, you're our representative
in Tallahassee and I want to give great deference to your views. But what it sounds like, a half a
mill is — what's a mill, eight million dollars ($8,000,000)?
128 March 23, 1999
Commissioner Sanchez: Six.
Mayor Carollo: Six.
Commissioner Teele: Huh?
Commissioner Sanchez: Six mill.
Mr. Donald Warshaw (City Manager): A full mill is about 11, eleven and a half million.
Commissioner Teele: Well, that's what I said. A full mill is eleven million, so this would, in effect,
create — would create a revenue neutral of six million dollars ($6,000,000). That's for sure. So, if
you take the low end of this, say that there is ten million dollars ($10,000,000), it means that all of
this legislation is generating a net of four million dollars ($4,000,000). Now, then, you go on to say
that you want to reduce the fire fee? Is that...
Commissioner Sanchez: Yes, sir.
Commissioner Teele: So, it seems to me that what you're doing is creating a revenue neutral
approach. I guess, as a -- I don't think there's anything wrong with that. In fact, I kind of support it.
But I do think it's premature -- unless there is a reason in Tallahassee.
Commissioner Sanchez: And there is a reason. And I'll explain it to you when you're done.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Commissioner Teele, as you're aware, this bill — and, you know, we're,
basically, have our backs to a sort here in the City. We're trying to do everything we can to bring
this City or rebuild this City, to get it back on its feet. This is one of the Bills that we have in
Tallahassee that, I'm telling you, it's not going to be easy to get it through but I think, in the long
run, we will. But let me explain to you what happens in Tallahassee. When — as you appointed me
in, so did my colleagues, to be the liaison between the City of Miami and the lobbying team, I've
spent many hours in Tallahassee, many days up there trying to get this Bill through, and through
some legislators, which I'm not going to mention, some of them have, not opposed the bill, but have
some concerns with the Bill. So, they said, "put some conditions," and some conditions were put on
this Bill. Of course, I am one that believes that you're better off bringing something back home than
bringing nothing. And this Bill -- although, it's good for the City, it's good for the taxpayers that are
right now are paying the highest millage or paying a fire fee and their garbage was increased. So,
this is for the citizens. And maybe you're right, maybe it is premature for me to say one point five
but we had to put some conditions because this Bill, in a way, was threatened by some legislators.
And sometimes there is a way to get things done and it's called the art of compromising.
Commissioner Teele: Listen, if you would yield to this.
Commissioner Sanchez: Yes, I will.
Commissioner Teele: If you simply say to me, this is necessary, in my opinion, to pass this Bill the
Tallahassee or this type of resolution is necessary from my — from your position, to gain more
legislative support, I would support it in deference to yours -- to your views on that. However, I
think it's premature to do this, as a matter of public policy, number one. And number two, I really
129 March 23, 1999
do think that we need to provide tax relief and maybe it's not a bad thing to do. I mean, maybe it's
not a bad thing to do. I mean, if we're all committing our -- four of us are committing that we're
going to reduce the millage by half a mill, if this thing passes — I'm not clear how much you're
talking about the fire fee. You left that open-ended, right?
Commissioner Sanchez: Yes, sir. The fire fee will be (inaudible) with how much money we come
out.
Commissioner Teele: You have answered my question, if you simply say or reaffirm that this is
necessary in your opinion to gain passage or support in Tallahassee.
Commissioner Sanchez: Commissioner Teele, this is necessary in Tallahassee for us to get this
Bill, I believe, through the House side. I believe that this is paramount that we do this.
Commissioner Teele: Thank you.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Yes. I think I understand what Commissioner Sanchez is trying to do.
He's been there. He has experience in lobbying the legislature, and I've talked to many of the
legislators that are friends of mine and they need some kind of commitment from the City that this
money, whatever amount is, will not be used to go into the general fund to hire more people, buy
more computers, or whatever. They want also to present to their constituents the fact that they
came out of this session clean with no new taxes and if they did this for the City of Miami is
because the City committed to reduce some of the burden on the taxpayers. I think, Commissioner
Sanchez, that maybe, you know, you don't have to talk about the amount of millage that will be -- or
should be reduced, but I would also request, respectfully, from you to include the notion that it is
the will of this Commission also to implement Amendment 3 of the Constitution of the State of
Florida, which will give a relief to homeowners 65 years old with incomes of...
Chairman Plummer: Mr. Mayor.
Commissioner Regalado: ...twenty thousand dollars ($20,000).
Chairman Plummer: The Mayor asked to be heard.
Commissioner Regalado: As I said in the morning that I have been informed by the administration
and by the County that this will have an impact in the City of about three million dollars
($3,000,000). Exactly, three million a hundred thousand dollars ($3,100,000). So, maybe we
should not mention numbers but just a notion that we are willing -- that this Commission is
committed to use one hundred percent of those revenues in reducing taxes and fees to the people of
Miami, being property owners or residents.
Chairman Plummer: Mr. Mayor.
Mayor Carollo: Let me yield to Commissioner Sanchez.
Chairman Plummer: Mr. Sanchez.
130 March 23, 1999
Commissioner Sanchez: Thank you. Commissioner Regalado, on the issue of Save Our Citizens,
which is the tax exemption, Amendment 3, that's a completely different item compared to what
we're talking about. 1 cannot implement that with this in Tallahassee. Now, once the legislation
passes that, and it will, then, it will come to us and then, I think, that it will have the support here.
Now, that's three point one million dollars ($3,100,000) that the City will have to come up with.
We'll deal with it when it gets here. But on this issue, let me just elaborate a little.
Commissioner Regalado: No, but this is symbolic anyway. What we are doing here is symbolic. It
doesn't carry any legal — so, it's symbolic that we say we're using a hundred percent of this to reduce
taxes, which includes Amendment 3. That's all that I meant. So, I mean, it's the will of this
Commission to use one hundred percent of these revenues to reduce taxes.
Chairman Plummer: Mr. Mayor.
Mayor Carollo: Thank you, Mr. Chairman. Both what Commissioner Teele and Commissioner
Sanchez' resolution, both of what they're saying is really the same. Art, you're correct in what
you're saying, that we need to be responsible in how we approach this. That's the sense of what you
said. That's exactly what Commissioner Sanchez is doing in, this resolution. And let me explain
this to you. Back when we were originally looking at this idea, was back in '97, things were pretty
gloomy back then. We had, actually, over, seventy million dollars ($70,000,000) deficit, not the
sixty-eight million that was commonly reported in the papers. We had discussed this back then but
it was too late to bring it up in that session of the legislature. Then, for the following year, which is
what we thought that we could be ready to bring it up, we had a little absentee ballot problem that
sidetracked that, so when.I got back here...
Chairman Plummer: We didn't. You did.
Mayor Carollo: ...March the 12, we again had missed the boat, if you all remember, in getting our
agenda to the legislature. So, this was the next opportunity that we had to be able to get this
accomplished. I have — with the best of the figures that I have been able to — have gotten — and it's
very difficult -- one, the Off -Street Parking Authority does not have the numbers that we needed to
go to, so we had to get from them to see what they had on how many parking spaces; we had to go
to our Occupational License, and then you had to go to many government entities — that's another
story to itself -- to try to figure out the best approximate number of commercial parking spaces that
we have in the City. And, you know, there's a big gap as to what we're using as the number that
we're going with to what it could really be. We're also taking into account, like we should, all the
new projects that, hopefully, will all soon come on board during the next several years, and how
many additional spaces those will bring. And last, but not least, which is also a number that can
vary, is how many dollars each space will bring each day, Monday through Friday, fifty weeks out
of the year? So, based on all these numbers and projections and the estimates that we have come up
with, is what we base our numbers on. They could go below that or they could go above that. What
I have always said from day one when we raised the millage rate to the highest, when we put
forward a fire fee, I made a pledge to the public, along with the sentiment that all of you had, that
we were only doing this until we could find recurring revenue to lower the millage back down.
Now, from the first day that I've talked about this surcharge, I have said that we are doing this with
the ultimate goal of using a percentage of it, the bulk of it, if I may, to lower property taxes and
from there, if we can, lower the fire fee. What I think is responsible to do, once this passes for the
next fiscal year -- and, frankly, also, what I think is the only thing that the Oversight Board will pass
is if we lower our property taxes by five percent, which brings us down to nine point five mills, that
amounts to approximately five and a half million dollars ($5,500,000), which this will certainly
131 March 23, 1999
bring during the first year, and I think that the Oversight Board will.see that clearly. And then, from
there, we can decide how much we can work on the fire fee. If it brings in the expected amount that
we think that it will, then, we could go on the following fiscal year and lower the millage rate
another five percent to bringing it down to nine percent, and the fire fee might be something that we
could still work on additionally. But we cannot do that all in the beginning because we simply
cannot be sure how much money we'll bring. It might bring more than what we're estimating, but it
also might bring less. So, this is why we're taking what I consider a very conservative step in
proposing only a half a mill decrease and not specifying how much we can take from the fire fee.
But the ultimate goal is to lower taxes to all Miami's residents. Some -- over eighty percent of the
people that will be paying the surcharge either are going to be tourists or do not live in the City of
Miami. Part of the problem that this City has had historically and the reason that we have the
problems that we do today -- I mean, we could go on into the mismanagement that we had before.
We could point to many. other things and they are a fact. But even with all of that, the basic
problem that we have as a City and have had in the past is, that approximately thirty percent of all
the accessible dollars, what the tax assessor has assessed, that is the total dollar amount that
properties combined are worth in the City of Miami, thirty percent of that does not pay taxes.
Why? Because they're governmental owned, county, state, federal government, others, or you have
non-profit corporations. We're within the top five major cities in the country that have such a high
number of properties that do not pay taxes. We're carrying on our shoulders the load for all of
Greater Miami, all of Miami -Dade County, because all these non -profits, all the governmental
buildings and agencies are located, basically, within the City of Miami and it's not fair to our
residents. At the same time, the tremendous amount of dollars that we have to spend every -year in
public works, improvements, road improvements, in extra police, solid waste collections, fire rescue
service, for the doubling of our population during the daytime hours is a tremendous amount that's
coming from the general fund. So, this will make it more fair to the residents of Miami in carrying
the load that we all have to share on. But it should not be just the residents of Miami. Others need
to come and also step up to the plate on that.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I don't know if you received any calls, J.L., but I have received a lot of calls
and we have to be very careful once this is passed and we want to implement it, that it's a fair place
across the board throughout the whole City. Because I received a lot of a calls from a lot of the
property owners and major buildings and office buildings and future office building and their all
afraid because a lot of the new taxes that we implemented in the businesses and in the buildings,
that an additional twenty percent or ten percent could put them out of the market. And let's face it,
there's a lot of competition outside of the City of Miami. Right next door, Coral Gables is building
additional office buildings. So, we have to be very careful when we implement this, that we do it
fairly and it's across everyone and it really hits the seventy to eighty percent of tourists and things
like that. The one question that I have is, Jackson Memorial Hospital, federal buildings, Dade
County buildings where they have parking lots, parking station, will they be paying...?
Mayor Carollo: Everybody will be included.
Vice Chairman Gort: It's very important that we inform the people...
Mayor Carollo: Everybody.
Vice Chairman Gort: ...and that we somehow -- that's why I second that -- this motion, that we can
reduce some of the other fees so our people can stay competitive with the rest of the market.
132 March 23, 1999
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: All right. We have — Mr. Sanchez, if you don't mind, let me have the two
people of public that wish to speak and then I'll let you close. Is that agreeable? Sir.
Mr. Charles Girtman: My name is Charles Girtman.
Chairman Plummer: Your address?
Mr. Girtman: Seven forty-four Tibidabo, Coral Gables, Florida.
Chairman Plummer: You have two minutes, sir.
Mr. Girtman: I must have done something to make somebody up there pretty mad because this hits
me right on the nose. I have a piece of property used for parking right in downtown Miami. My
taxes right now are sixty thousand dollars ($60,000) plus. If you implement this, you'll be asking
me to pay another sixty thousand dollars ($60,000). You talked about this is going to go across the
board to the public buildings and the federal buildings. Let's take "The Miami Herald," one of the
largest employers. Two thousand parking places they have. They charge them a nominal fee, a
dollar a week to park there, versus my parking lot, where it cost you several dollars an hour to park
there. I don't know how I can pass on twenty percent if they just — not to pick you out, Mr. Mayor
-- but if they just put a twenty percent tax on black Lincoln Towncars, you think they could sell as
many of them tomorrow as they sold today? And, so, I ask you to, please give this some more
thought. Tax reduction is fine. Everybody's for tax reduction. I would like some tax reduction.
This is not a tax reducer to me. This, in effect, more than doubles my taxes and like I say, astute
business people — and I know several of you up there are business folks. You know, you can't just
say, "well, just — excuse me. "Well, heck, just pass it on. Just pass it on." If I could raise those
fees twenty percent, you know, I would be remiss not to do it. We all -- our business means, buy
and sell at a profit. I urge you to look at this as deeply as you can and think about it a little more.
Thank you very much.
Chairman Plummer: Thank you, sir. Your name and mailing address for the record.
Mr. Ricardo Dunin: For the record, my name is Ricardo Dunin with offices at 2951 South
Bayshore Drive.
Chairman Plummer: Have a beautiful building across the street called the Mutiny
Mr. Dunin: Yes, sir. Thank you. I'm Chairman for the Coconut Grove Chamber of Congress
Governmental Affairs Committee, which pretty much represents the business owners that will be
directly affected by this tax. Yesterday, we actually met with Mayor Carollo graciously. He gave
us his time and we discussed it a lot. There were two things that we were of concern to us that he
actually committed. One, that, of course, the tax would apply for everyone, including governmental
and charitable institutions. And, secondly, there will be no sales tax on the surtax. We are still
concerned, actually, that this will be an incentive for visitors to go to other competing destinations,
other, of course,_than Coconut Grove. And it would also reduce the value of the properties — I
mean, the properties in the area that live — would generate income from parking. As you know, any
savings on taxes are passed through the tenants, so it doesn't really affect the centers. We also had
there, yesterday the representatives from Coco Walk and Mayfair that are here today, and
133 March 23, 1999
everybody's concerned. Actually, what happened is that — oops! Let me just -- sorry about that.
Actually, they were telling us that they actually reduced the parking there to generate more traffic.
It wasn't generating enough. To the extent that this tax is necessary, what we would like to suggest
is that it should be gradually implemented. Maybe five percent initially and, then, increase as
necessary. Actually, what we want to make clear that members of the Coconut Grove Chamber are
really committed to be part of the solution and not part of the problem, but we think that this should
be viewed as short-term solution to the problem; that other sources should be looked. into. And. just
to finish. I mean, we're currently trying to evaluate the impact of the surtax and we go back to you
with some more comments and proposals.
Chairman Plummer: There will be days ahead where you'll have more discussion.
Mr. Dunin: Yes, sir. Thank you.
Chairman Plummer: The great messiah from Puerto Rico has returned and you must have words of
wisdom.
Commissioner Sanchez: Welcome back, senior.
Mr. Manuel Gonzalez-Goenaga: Well, if I have words of wisdom...
Chairman Plummer: Would you, please return the suit to the funeral home, please?
Mr. Gonzalez-Goenaga: Do you want to buy it? Let me tell you, it's a very old one. I don't have
money to purchase a new one because I have my taxes...
Chairman Plummer: For the record, sir, your name and mailing address.
Mr. Gonzalez-Goenaga: My taxes have been increased and my rent, indirectly, has been increased.
Chairman Plummer: God bless you.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I reside at 2469 Southwest 14th
Street. Well, I have never -- every time I come to Miami after a long vacation, I get more confused.
My feeling is that this is too much in regarding this issue. I have never seen investments in any
place where you tax the people. What you have to do is incentive to bring the people in and make
investments in. Now, we have a problem with the City of Miami, with la piedra with Mr. Penelas,
transportation. Very simple. No more -- read my lips: "No more taxes". What's the way to do it?
Very simple. Why don't we, starting today, change the zoning of the City of Miami because we
only have 34 square miles. In the same lots, let's allow huge buildings or reasonable buildings for
six stories and you will see the people from Kendall coming back to Miami in condominiums and,
then, we will have more income.
Chairman Plummer: Thank you, sir. Mr. Sanchez to close.
Commissioner Sanchez: Mr. Chairman, my fellow colleagues and friends, I ask you not to confuse
the facts with the rhetoric. I ask you to look at the facts. While the Nation's poverty rate is thirteen
point five, the City of Miami is thirteen — I mean, thirty-one point two percent. Twenty-five percent
of our properties are all tax write-offs. Eighty-two percent of people coming into our City are
taking the money out of the City and spending it somewhere else and our citizens, the people that
134 March 23, 1999
elect each and every one of us up here, are picking up.the tab. Let me ask you. It's not easy getting
this Bill through Tallahassee. I could, basically, relate it as walking it through a mine field, and you
have you to compromise and you have to weave your way through to get it out of the House side
and the Senate side and implement it as a Bill. This is not an "I" Bill. This is not a Mayor Bill.
This is the Commission Bill, to try to do everything we can to bring money into this City, and help
our taxpayers. The people who elect us, and let's not forget that. So, this is my resolution. 1
welcome you to amend it. But I ask you to, please support it, not only for me, not only for
everybody up here, but for the taxpayers.
Chairman Plummer: Motion by Mr. Sanchez. Is there a second?
Mayor Carollo: Call the question.
Chairman Plummer: Seconded by Gort. fall the roll.
Commissioner Regalado: Mr. Chairman, if I may. Commissioner Sanchez has...
Chairman Plummer: Excuse me. The question has been called. That ceases any conversation.
[COMMENTS MADE DURING ROLL CALL]
Mr. Walter J. Foeman (City Clerk): Roll call.
Chairman Plummer: That's the law.
Commissioner Regalado: I vote yes. And I was going to request, just include Amendment 3, but I
feel that the Commission is also supporting that issue. So I vote, yes.
Chairman Plummer: Thank you.
135 March 23, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-226
A RESOLUTION OF THE MIAMI CITY COMMISION URGING THE
LEGISLATURE OF THE STATE OF FLORIDA TO ENACT SENATE
BILL 1218, WHICH, IF ADOPTED, WILL AUTHORIZE THE
GOVERNING BODY OF ANY MUNICIPALITY OF 300,000 OR
MORE POPULATION WHICH HAS BEEN DECLARED TO BE IN A
STATE OF FINANCIAL EMERGENCY, TO ADOPT AN
ORDINANCE TO IMPOSE A SURCHARGE FOR PARKING OPEN
TO THE PUBLIC WITHIN THE MUNICIPALITY; EXPRESSING
THE MIAMI CITY COMMISSION'S RESOLUTE INTENT TO
UTILIZE THE AUTHORITY GRANTED BY SAID LEGISLATION
TO ADOPT AN ORDINANCE WHICH GENERATES REVENUES
AT A LEVEL SUFFICIENT TO ROLL BACK TAXES LEVIED ON
REAL PROPERTY IN THE CITY OF MIAMI BY AT LEAST ONE-
HALF MILL AND TO USE SAID REVENUES TO DECREASE THE
FIRE RESCUE ASSESSMENT; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED OFFICIALS
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
64. DISCUSSION CONCERNING THE PROMOTION AND MARKETING OF MIAMI.
Chairman Plummer: Mr. Sanchez, may I ask you to hold your final item. We have a bunch of hotel
people here who would like to be heard on Mr. Regalado's concern about Coconut Grove. Can 1 ask
you to hold that?
Commissioner Sanchez: You're the Chairman. You're the boss.
Chairman Plummer: All right. The people from Coconut Grove. I see Mr. Tom Talbert is here.
Would you please come forward, sir? We don't want to miss you when we start throwing the rocks
and...
136 March 23, 1999
Commissioner Regalado: There will be no rock throwing here.
Chairman Plummer: All right. You're on. I would hope that you could hold this to five minutes,
total.
Commissioner Regalado: Mr. Chairman, before...
Chairman Plummer: Mr. Regalado, it's your issue.
Commissioner Regalado: Right. Before we start, I heard you say that this is an issue about
Coconut Grove. Actually, it's about the whole City of Miami and what I wanted to do, by placing
this issue on the agenda, the discussion concerning the promotion and marketing of Miami, is to do
what this Commission, the Mayor, the Administration have always said, that we need to be fair, that
we need to do things the right way. So, I think that many people — I have heard many people,
people that know, that feel that throughout the years, the Greater Miami Conventions and Visitor's
Bureau has not marketed Miami as we would want it. Also, the City has been negligent, because
the money that the Greater Miami Convention and Visitor's Bureau has given the City, has not been
used in the marketing of Miami but has been used in the general fund to do things that we all know
were done in the past. We're trying to rectify that. But still there is a need to do the right thing.
And no one questions the fact that South Beach is the most important tourist attraction in South
Florida. No one question that. But I think that, if you're going to look at the marketing, in a
marketing way, what is Miami -Dade County, you will see that there are three major centers of
attraction for people, tourists. One, South Beach. Second, Downtown Bayside. Third, Coconut
Grove. And you can switch either Coconut Grove by Bayside and Downtown because I think
they're, more or less, the same. So, Miami, the City of Miami, has two of the three major tourist
attraction and, yet, we have not received the treatment that this city deserves from the marketing of
the South Florida area. 1 have requested some information and I think that it's important that we
know, members of this Commission, the Mayor, the Manager — because I don't think that even the
City knows exactly how much money we give within the City to the Greater Miami Conventions
and Visitors' Bureau. Exactly how much of that amount is used in the marketing of Miami? We
don't know, in this Commission, how the so-called one point million nine dollars was used in the
past. We don't know -now how that one point nine million dollars ($1,900,000) is used. And I
would tell you that I don't think that it's being used to market or promote the City of Miami in the
media or doing things that would bring people to Miami. The whole sole existence of the Greater
Miami Conventions and Visitors' Bureau is to bring people to Miami. Mr. Dunin has just said that
Coco Walk, which is the premier retailing center in South Florida has had to reduce the parking
rates to bring people. Now, all I am asking is to be fair. I think -- today I had in my TV show
Commissioner Simon Cruz from Miami Beach, and I will tell you. He — although Miami Beach
gets the best of the promotion, he was not satisfied with the work that the Bureau has done. So, I
think that we have to look to the role of the City of Miami in the Bureau. I'm not saying that we
should go at war with the Bureau. On the contrary, we should work with them. But I am asking the
Administration to help us on this one. We need to be marketed more fairly. We need to know
who's doing the marketing for the City? What kind of marketing is done? What companies are
being used to market the City of Miami. When we have a special event, how many city vendors do
we have contracted for this special event? How many special events are done within the city limits?
So, all of this is part of the information that, Mr. Manager, I think that we should get. But I will tell
you, I think that today we need a commitment from your Administration, from this Commission,
that we need to change this status quo. Do not say, please, that we're going to look into it and come
back in 90 days because that's not the way to start this process, I feel. And you sent me a memo,
137 March 23, 1999
which you told me that you do not concur with it, that you're not happy yourself with the way that
the City is marketed so...
Chairman Plummer: All right.
Commissioner Regalado: I am — I haven't finished, J.L.
Chairman Plummer: I was scared of that.
Commissioner Regalado: So, I am asking you to give us, first of all, your views on the way that the
City is marketed and what are the steps that are being taken to remedy this situation?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I just want to elaborate a little bit on some of the reports
that I see that bother me here. I'm looking at the total room nights booking for group businesses, FY
activity for'97/98, total of five hundred eight thousand one hundred eighty-five. People have come
and only three thousand five hundred and eighty-nine have stayed at the Coconut Grove area.
That's less than point seven percent. I mean, that's a very low number. Then, on one of the other
reports that I looked at on the business expected, I look at the centers, I look at the Coconut Grove
total showing, zero. Estimated attendance, zero. Then the James L. Knight, zero. And then the
estimated -- zero. Then Miami Beach, 40. I mean...
Chairman Plummer: OK.
Commissioner Sanchez: Can somebody tell me why they're so low, the numbers?
Chairman Plummer: I'm sure we're going to hear it. Just for your edification, I met with this lady
yesterday, who came into my office in reference to this matter. I asked her to call together Mr.
Talbert, some members of the Coconut Grove Chamber of Commerce and other interested parties
and try to have a meeting on this matter within the next couple of weeks. I'm sure there will be no
problem of trying to pull this thing together and trying to lay out all the facts on top of the table. If
any of my colleague wish to attend any of that meeting, we would have to -advertise it, if you'd let us
know in advance. And if you don't wish to, we would, of course, make a full report available to
you. For the record...
Commissioner Regalado: Well, I -- you know, I think that I've done a little work in marketing in my
short life, so I would hope that I could attend, but that's a step. I would like to know where the
marketing of Miami is done? How much is paid? I think it was very, very, very funny that, in the
memo from the Manager, I was told that the Greater Miami Convention and Visitors' Bureau was
able — was willing to pay fifty percent of the cost of advertising the Knight Center and I thought
well, are we going to spend like ten million advertising the Knight Center or are we going to spend
a hundred thousand dollars ($100,000) advertising the Knight Center?
Chairman Plummer: Let's see if we can get some answers.
Commissioner Regalado: All right.
Chairman Plummer: For the record, your name and mailing address.
138 March 23, 1999
Ms. Silvia Cejas: Silvia Cejas. The business address, I'm the incoming president to the Coconut
Grove Chamber, 2820 McFarland Road, Coconut Grove. We've been meeting on this issue now in
the Coconut Grove area for over a year and in listening to overall businesses, hotels, restaurants,
shopping -- businesses in general in the Grove area, there's a huge concern for traffic. And the fact
that while every year we hear that there's record -breaking numbers in tourist, we're not getting our
fair share into the Coconut Grove and Miami area. Miami — Coconut Grove/Miami. And if you
look at your -- the information that we've gathered here is a result of many of the meetings we've
had. Now, during this year we've met with the Bureau on several occasions and invited them to our
meetings. We've requested that more emphasis be placed on Coconut Grove and the specific needs
that Coconut Grove has. We're not a _typical convention area. We have a collection of smaller
properties and a convention center and we need the efforts to be catered in a way that we receive
our fair share. Now, obviously, we're not asking for more than the beach but our fair share of
whatever's coming into the area. The statistics that Commissioner Sanchez was referring to are
under Section 2, which are group bookings. Part of the responsibility of the Bureau is to promote
group business to Dade County, and one of the concerns that our Chamber has had is that the group
business has been focused on convention -size business, and when you analyze the quarterly update
report that the Bureau gives all of us, it's quite apparent that the majority of the business is going to
the Miami Beach area. So much so, for our area in particular in Coconut Grove, from the five
hundred and eight thousand one hundred and eighty-five room nights that came as a result of group
business, we saw zero point seven percent. Regarding the Coconut Grove Convention Center — I
want to be brief as possible because we do have a lot of business people that would like to talk
about this item. Regarding the Coconut Grove Convention Center, one of the reasons why we were
given that it's difficult for the Bureau to sell the Center is a lack of convention -size hotels. Well, we
looked at what other opportunities the Center offers for the Bureau to be able to promote the Center,
and the ideal opportunities would be trade shows, consumer shows. Those types of shows don't
require massive amount of rooms. Just enough for an area like this. And, as you can see in that
area as well, the Coconut Grove area actually had seen zero referrals -- zero shows that came as a
result of a Bureau referral. This is very concerning to us. This not only brings immediate economic
impact to the area, but many of these shows do their own marketing, their own promotion,
internationally. So, the City would benefit because, in addition to having the bodies here that would
obviously use our shopping and our hotels and et cetera, they also promote the area internationally.
We're not seeing any of that either. And our basic point is that from the fourteen point something
million visitors that come to Dade County every year, we want to know what our fair share is; what
could we expect, and what are we really getting at this time? One area that's been very successful in
utilizing the Bureau to see their maximum potential has been Miami Beach, and we're just urging
the City of Miami to please take a leadership role -- I mean, we're all trying to rebuild the City. We
need a good marketing plan. It's essential to the success of the businesses, as well as to the City of
Miami. And I just -- there's a recap in this report as well, as to how successful the Beach has been.
And if you just briefly turn to Section 3, I summarized it. In addition to the fact that the Beach has
gotten incredible promotion and has done just incredible job of really maximizing their share of the
tourist market, they've been able to also get a lot of assistance, as far as underwriting the debt of the
Loews which, again, the City has so many opportunities available and I would love to see if there's
an opportunity to have an agreement like that made with the Bureau on our behalf. The Bureau --
there was nine hundred thousand dollars ($900,000) a year for three years that help finance the
Loews Hotel. And, again -- I mean, we read in articles that, you know, the City of Miami needs —
Miami Beach needs more and more assistance. Well, I think we've got just cause here to ask for the
same thing as well. I'd like to turn over to some of the businesses that just want to briefly speak
with you. I would like to say that what we are looking for at this time, after meeting with the
bureau on many occasions and meeting amongst ourselves for about a year now, we came up with a
marketing proposal. We presented it to the Bureau on March 4th. We have yet to hear if they're
139 March 23, 1999
willing to do these types of projects for the Coconut Grove area. Because we're not the City of
Miami ourselves, we kind of come to a point where we can't move any further. So, we're here to
say, please take the leadership role, take some action, and assist our efforts because in our success is
the City's success as well.
Chairman Plummer: Next speaker.
Ms. Cejas: Thank you.
Chairman Plummer: Name and mailing address, please.
Ms. Olga Fraga: Olga Fraga. I'm Executive Director of the Coconut Grove Chamber, 2820
McFarland Road, Coconut Grove. As Silvia went into, we did present the Bureau with a marketing
plan and we mentioned it to you in a letter that was sent to you on March 22nd. But not only do we
need the Bureau's assistance, we also need the City's assistance. We're requesting that the City look
into or.assist.us in trying to find funding sources outside of the City — for example, federal and state
funding — to make some Coconut Grove directional signage, to put banners around Coconut Grove.
You'll see in your presentation there that there's banners all over downtown identifying the different
areas. We'd just like something similar. We're under the understanding that the funding for that
came from some transportation funds. How do we access them or can we access them for our area
as well? The Coconut Grove Convention Center. The County enacted an ordinance, Number
29-55, and that ordinance stipulates that twenty percent of the tourist tax collected within the City
of Miami was to be allocated for Orange Bowl improvements and for staff and marketing services
to promote tourism in the Knight Center and to fund tourist -related activities and events. The
twenty percent portion of the hotel tax being collected includes six hotel properties located in
Coconut Grove. The ordinance should be amended to include the Coconut Grove Convention
Center as well. Other projects where we need your help. We would love to put directories in
Coconut Grove so people know what's farther down on Commodore Plaza, so they can venture
little bit more toward Grand Avenue and what's on Fuller Street, as well as the major attractions
there, Coco Walk and streets of Mayfair. We also strongly urge or to reiterate what Silvia said, that
the City of Miami reevaluate the existing agreement with the Bureau and compare it with what
Miami Beach has. In conclusion, we also ask Chamber members and area hotels, shopping centers,
retail complexes, et cetera, to sign up on this letter, saying that they do agree with the things that we
stipulated here. By the way, a copy of this letter is on the left-hand pocket of your booklet.
Chairman Plummer: How can anybody disagree with what you said?
Ms. Fraga: This is the true. Anyway, these papers represent signatures that we received and all the
hotels in Coconut Grove endorsed what we're saying.
Chairman Plummer: We're all going to buy whips for Mr. Talbert. Invite him ... next speaker,
please.
Ms. Fraga: Thank you.
Mr. William Giralder: William Giralder, General Manager, Double Tree Hotel, 2649 South
Bayshore Drive. I just want to, first of all, thank you for putting us on the agenda. We get enough
negative publicity for free out there.
Chairman Plummer: Oh, yeah.
140 March 23, 1999
Mr. Giralder: If you saw last week in the New York Times, we were in the Travel, Section IV,
Double Tree, which wasn't good. It's time for us now, as leaders, to start showing a positive side of
the City of Miami, especially Coconut Grove, which I think is a great destination. We need your
efforts to help us with that. And as the Double Tree Corporation goes, we support Coconut Grove
Chamber a hundred percent. So, we just wanted to say thank you to you.
Chairman Plummer: All right. Thank you, sir. Mr. Talbert. They've been picking on you, sir.
You better get up here and defend yourself.
Mr. Bill Talbert: Thank you very much, Commissioner, or Mr. Chairman, I -guess. First of all, to
Commissioner Regalado's point. Our advertising agency is located in Coconut Grove. Our public
relations, our main public relations firm is located on Coral Way and 12th Avenue, within the City
of Miami. We talk about — I think what the issue is here — and I think someone has addressed it --
in my view, and it won't make Silvia necessarily happy, it's not necessarily what's happening from
the Bureau for Coconut Grove. The issue is the City of Miami, which is downtown, it's Coconut
Grove, it's Little Havana, it's,Little Haiti, it's the Lyric Theater, it's whole lot of neighborhoods, and
a whole lot of pieces. So, I think -- and I've sent the Manager a letter requesting an opportunity
whether is to appear here before the City Commission with a full presentation on what the Bureau
does citywide, downtown, Coconut Grove and in the various neighborhoods. We've got Pow Wow
coming in May. We brought Pow Wow back to Miami as fast as it has ever come back to any
destination in its 30 years. It had been -away from Miami as long as it had been away from any
destination in the United States.
Chairman Plummer: Bill, do people know what Pow Wow is? I do but do...
Mr: Talbert: It's the largest travel trade show in the United States. Twenty percent...
Chairman Plummer: It is the people who designate where conventions go.
Mr. Talbert: It's where tourism, travel.
Chairman Plummer: OK.
Mr. Talbert: Travel. And these are not...
Chairman Plummer: One of the two.
Mr. Talbert: These are not travel agents and some are probably watching. These are tour operators,
the large tour operators in the world. Twenty percent of the inbound travel to the United States
each year is booked at Pow Wow. Two of the events — two of the parties, actually three, are in the
City of Miami. Bayside is closing. The Rouse Company, tourists are so important to the Rouse
Company, they're closing Bayside totally. They've never done it in their whole system.
Chairman Plummer: Private party.
Mr. Talbert: Private party. And they're actually going to make a financial contribution. They're
going to be an event...
Chairman Plummer: All right. Bill, can I cut you short?
141 March 23, 1999
Mr. Talbert: Yes, sir.
Chairman Plummer: If I may? And I don't want to cut anybody short, but I think what we need to
do is, first of all, if you could make that full presentation at the next Commission meeting at 9:00.
We start at 9:30, all right. We can invite the people to come here. We give you a half hour for your
dog and pony show.. We invite all of these people to come back. Let you make your presentation.
After that, I think that what we need to do is to have — whether it's in my office or some office or
Mr. Regalado's office — we need to have a full and frank discussion of what can be done, you know,
for the different. Maybe some people don't know that one of the reasons that Miami Beach has it a
little bit better is because they've got a VCA (Visitors and Convention Authority), which collects
five percent, and they get that money, plus money from the Bureau. There's no question about that.
I don't know that too many people realize that 47 percent or 40 percent of the Bureau's money
comes from the City of Miami. That's a great deal of the money. That can be disputed. It has been
in the past.
Mr. Windser: I would have to take exception to that.
Chairman Plummer: OK. All I'm saying to you is, to bring this thing to a conclusion — because
we're not going to be making a decision today, OK. There's no really decision to make. But I think
that, if my colleagues don't disagree with me, Mr. Manager, if you would schedule this for 9:00 on
the 13th of April.
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: We'll give them a half-hour prior to starting the 9:30 — for the proclamations
or any of that, and then we'll invite all of the people back to come here and to join with us in
listening to their presentation. I think you've heard the areas of Mr. Regalado's questions that need
answers. I would hope that any of my colleagues or the hotel or the Chamber have questions that
they want you to address in that dog and pony show, that they get them to your hands five days
prior to your appearance here so that you can address every issue where there is some concern. For
example, I've tried to explain to them that the signage is not even within the City's purview. We can
recommend. The signage is Metropolitan Dade County. That's where the signage comes in. So, if
nobody has any objection...
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Commissioner Regalado: If I may?
Chairman Plummer: Mr. Gort asked, please.
Commissioner Regalado: Sure.
Vice Chairman Gort: I'd like to give a suggestion. We had some problem like that with some of the
major hotels in downtown Miami. And one of the things we did, we had a group together. They sat
down with the Bureau and they tried to work out. Because they need a plan. What they're telling
you is, sit down with them, work out a plan that you can start implementing right now, like you did
in Downtown Miami. I think that's what they're looking for. They're looking for you to work with
142 March 23, 1999
• them, like you have with some of the hotels in downtown Miami, and I think you can start doing
that right now before you come back on the 13th.
Chairman Plummer: OK. Yes, sir? Do you have a comment you wish to make?
Mr. Jay Windser: I'd like to add. Jay Windser. I'm the General Manager for Street of Mayfair,
2911 Grand Avenue. I just have a couple of questions. I was going to say something. but I'll. save
that for another time. Are there any Pow Wow events that are going on in Coconut Grove? .
Mr. Talbert: No. Let me...
Mr. Windser: And where...
Mr. Talbert: OK, I'll answer the question. The answer is no: They're in the City of Miami.
Actually, it Vizcaya in Coconut Grove? I don't know.
Chairman Plummer: Well, you could say yes but what they're saying is, to them, it's no.
Mr. Talbert: In fact, the media party, where all the international media will be, is at Vizcaya. The
overall parry -- one of the overall parties is at...
Chairman Plummer: Bayside:
Mr. Talbert: ... Bayside. And there's a third party at the Port.
Chairman Plummer: The problem is, just for your edification, there are five thousand people
expected. There's not a facility in -- to my knowledge -- in Coconut Grove where five thousand
people could be.
Mr. Windser: That's perhaps true. We did have seven thousand people at our grand opening, but
that's -- it'll be a little bit crowded at our promenade area. Another question is, did Bayside...
Chairman Plummer: Not in auditorium style. OK.
Mr. Windser: Did Bayside contribute a fairly large sum of money to host that party?
Mr. Talbert: Six figures, sir.
Commissioner Regalado: Well...
Chairman Plummer: All right.
Mr. Talbert: That's cash. In addition to closing all of Bayside. A mayor corporate contribution.
Chairman Plummer: You answered the question. Don't editorialize.
Mayor Carollo: Excuse me. Commissioner?
Chairman Plummer: Thank you. Mr. Mayor,'you wish to make a comment.
143 March 23, 1999
Mayor Carollo: You know, Bill, in all frankness, you know where part of the problem is? It's the
attitude that you're displaying here. You know, your salary's is being paid from the moneys that
they're raising and all the other hotels in Miami and the restaurants in those hotels. That's where
your money comes from.
Mr. Talbert: Absolutely.
Mayor Carollo: Unfortunately, the reason that you can have that attitude with the City of Miami
that you don't quite have with Miami Beach is because the County collects our dollars, the Beach
collect their own. And if it were the other way around, where we'd be collecting our dollars today,
you'd have a different attitude, Bill. And, frankly, I really wonder if that's the only way where we
could have a change of attitude. So that at the end of the day, you know, there's very little that we
could do, unless we go before the State Legislature and we request a change in the State Statute so
that we could collect our own dollars and then it's a whole different story. But the one thing that I
do want for you to do is, when you come back, is give us an exact dollar amount of what is coming
in from the City of Miami. We're the second largest contributor, after Miami Beach, and we're -
going to be the one that's going to be increasing even more so than the Beach in additional
contributions because we have more hotel rooms that are going up in the next few years than even
the Beach has had now, and that's without having to put a single dollar of tax payers' money on it.
So, I would like to get those figures from you so that we could start comparing apples to apples,
oranges to oranges.
Mr. Talbert: We'd be more than pleased to do that.
Mayor Carollo: Because, you know, frankly, I'm going to be very calm about it but where you'll see
me speaking out will be at the next go around with the legislature, if the City of Miami is not treated
fairly like it should be.
Chairman Plummer: OK. So we...
Commissioner Regalado: OK. Just one final thing. I won't be able to be here...
Chairman Plummer: You promise?
Commissioner Regalado: On the 13th at 9:00 because I work until 9:30 on the air. I would
probably get a cassette of the presentation. But, Mr. Manager, I will be, through you, asking some
figures, some numbers, and some names of media where we advertise Miami -Dade County, outside
of Florida and in Florida. I would -- since I have had bad experience with responses, I would have
some people from the advertising industry, some people from the media, public relations and
tourism check that those facts that you will — I'm sure you will get from the Greater' Miami
Conventions and Visitors' Bureau. And I agree with the Mayor. I think that, at the end of the day,
next year we're going to have to go to the legislature and do what we feel should be done because
we still are not getting the fair share. Two of the three major attractions are in the City of Miami.
And the reason I put this on the agenda is because I looked, page by page, Mr. Talbert, and I
measured inches on the pictures and, frankly, the City did not come out very good on this 1999
Vacation Planner. So, Mr. Manager, I will be asking businesses that are hired to do all these events,
numbers of events in the city, contracts, and I will be responding those answers too. Thank you.
Chairman Plummer: Mr. Teele.
144 March 23, 1999
Commissioner Teele: Thank you, Mr. Chairman. Bill, let me take this opportunity to congratulate
you.
Mr. Talbert: Thank you.
Commissioner Teele: I know that you...
Mr. Talbert: I forgot about that.
Chairman Plummer: I remember when his hair was dark.
Commissioner Teele: That You were just named...
Mr. Talbert: I'm a little taller too.
Commissioner Teele: ...the president, the CEO (Chief Executive Officer), and I think you certainly
have been an able understudy. I don't think there's anyone that can question the fact that the Board
did the right thing in perhaps naming you and perhaps naming you as the CEO. I am not a lap dog
of Mayor Carollo, but he's absolutely right in what he told you. I would have been very
disappointed, Bill, in your nonverbal — and I just think, you know, a part of the problem is exactly
what the Mayor said and that is, you all have got to have a different attitude, even if you — as much
as I hate insincerity, I would even be flattered by a little bit of insincerity if you acted concerned
and then just went back and did like, you know -- take some lessons from the City staff around here.
Just act concerned and -- but, Bill, what I'm trying — I've been your friend. I know that you've
worked hard. I've known you since 1980 when I was in Washington, when you first came through
my door. I really think you owe it to the Coconut Grove Association to have a one on one with
them before that meeting, and I also think that you ought to meet perhaps with DDA (Downtown
Development Authority) and others. I mean, I don't know if it's 40 percent, 47 or 35 but, you know,
if it's more than 10 or 15 percent, it's a sizable amount and we're entitled to something more than,
you know, the Cookie Cutter Miami. There are -- you know, I don't have a hog -- a dog in this hunt
or horse in this race, OK. I don't have any — all the hotels in Overtown have been torn down, all
right. But I do think, in all honesty, that it would be very helpful for this City if you all -- and not
just you but bring in, you know, the big consulting firm. You all have Beber (Phonetic) and those
people?
Mr. Talbert: No. We have Turcal Schwarts in Coconut Grove is our ad agency and we have JGR
Beaver, a part of Beaver that is...
Commissioner Teele: Why don't you bring in real team and let's give this some real consideration.
I want to the commend Commissioner Regalado because this is on the District Agenda, OK, and
this isn't really his district, although he has a lot of experience in advertising and marketing. And it
is Commissioner Plummer's district. But I think, you know, the fact that you came here and you
were talking about what you're doing for Bayside, which I support and I commend you for, you sort
of poured a little salt on those folks that are here on this agenda item, and I certainly commend you
in going forward. And maybe there's a way we can have a heck of an after party after the Vizcaya
thing. Maybe we could get the police -- the Manager to give, you know, some escorts or something
and get these people off of the streets, instead of -- you know, after the Vizcaya thing. But if they're
going to only be six blocks from the Grove, we ought to encourage them. We ought to do
everything we can. Don, I went to Pow Wow. They made me go. I didn't want to go. It was the
worst thing on my schedule, I thought, and it was the most fun I've ever had. In New Orleans. First
145 March 23, 1999
time I ever went. It's a heck of an event. They're not overstating this. This is the single most
important booking of business. I mean, when the guys sit down and talk -- Paul Axal talked once at
a Pow Wow about how -- when the Pow Wow representatives booked his casino in his hotel, he
was full for the year, and that's the ability that Pow Wow has. So, I want to encourage you to be
encouraged and I certainly want to encourage the Coconut Grove people to stay with this. But I
really do think Mayor Carollo, you know, really put his finger right on it.
Chairman Plummer: Mr. Manager, you wanted 30 seconds.
Mr. Warshaw: I'd just like to add, Commissioners, Mr. Mayor, I met with Mr. Talbert last week.
And, Commissioner Regalado, I have a strong sense, strong feeling about marketing myself, an
image building. And while I have the greatest administration for Coconut Grove, it's a world class
destination. I, hundred percent, support in making sure it's marketed properly. I shared with Mr.
Talbert that places like Allapattah that have 2500 businesses on a street that travelers, sophisticated
travelers, look for, and that I've asked Mr. Talbert to look at places like Allapattah, like East Little
Havana where we walked just last week and we see new business development and other of
Miami's inner neighborhoods that really are the kind of.off the beat path tourist destinations that
Miami needs to be marketed. And I asked Mr. Talbert, when he comes back, to bring a plan that
encompasses not only the Grove and downtown but Miami as a whole, which could only benefit all
of the City because it has so much to offer in its little ethnic neighborhoods as well.
Chairman Plummer: I thank all of you for being here. We'll see you, Mr. Talbert, with hopefully
all of the people that are in ear's reach right now on April the 13th. Hey, doesn't hurt you to start to
making in -roads. Thank all of you for being here. The next, we go back to Mr. Sanchez...
Mr. Vilarello: Commissioner Plummer?
Chairman Plummer: ...who had an item of concerning...
Mr. Vilarello: Commissioner Plummer? .
Commissioner Regalado: Excuse me, Mr. Chairman. What time is that, the meeting?
Chairman Plummer: Nine o'clock on April the 13th.
Commissioner Teele: Why don't we do it at 12?
Commissioner Regalado: No, no, that's the Commission. That's a Commission meeting. I won't be
able to attend, though.
Commissioner Teele: He can't attend.
Chairman Plummer: Well — hold on. Don't anybody leave. Hold on. What do you want to do? I
thought 9:00 was just -- is an easy way to do it.
Commissioner Teele: But he doesn't..
Commissioner Regalado: I'm on the air until — the earliest I can be...
146 March 23, 1999
Chairman Plummer: If you do it at 12 to 12:30 or one then you're going to be out of — you want to
do it at 12?
Commissioner Regalado: I can be here at 9:30.
Chairman Plummer: All right. Then we'll do it at 9:30 and we'll have any formalization at 10. So,
now we're back at 9:30 on the April the 13th. Mr. City Attorney.
Mr. Vilarello: And 9:30 is a presentation only and the Commission meeting starts at 10.
Chairman Plummer: That is correct.
Mr. Vilarello: OK.
Chairman Plummer: That is correct. OK. We'll see all of you then. Thank you for being here
today. Henry, we didn't hear from you at all. Yvonne, we didn't hear from you. We will. Thank
you.
65. DISCUSSION CONCERNING CITY'S OFFICE SUPPLY CONTRACT WITH
APRICOT.
Chairman Plummer: Mr. Sanchez, you have something relating to the City's office supply contract.
Commissioner Sanchez: Yes, sir. Mr. Chairman, I think that every Commissioner up here should —
has a responsibility when they do business here in the city and they look at everything, just like we
do when we have an item that comes in front of the Commission and the red flag pops out. As you
noticed, I looked at some of the items before — I looked at some of the smaller items. I looked at the
broader side of the City with the workmen's comp issue and private haulers issue and some other
tough issues that will be in front of this Commission in the near future. But one of the things that
really got my attention was Apricot prices were a little high, and I brought it to the attention of Mrs.
Carter and she arranged for the company to sit down with us. And let me tell you, I'm very
impressed with the professionalism of the management of Apricot, including Mr. Brazil Bernard,
who sat with me a couple of days ago, and they agreed to reduce some of their prices, totaling 35
percent, which I'm very happy with. Now, I think that their prices are competitive t6what I believe,
and I just felt that it was good to notice it. There was something a little high because it's not our
money. It's not the Commission's money and it's not the City employees' money. It's the tax payers'
money. So, in the long run, just like I commend the City Manager for saving close to fifty thousand
dollars ($50,000) on the custodian service and the security guard service at the MRC (Miami
Riverside Center) building, these are the things that I think that we should do here and we should do
everything we can to reduce our spending and run a more efficient government, so I just wanted to
bring that item out. And I will continue to look through the agenda and through the City's
businesses, where I see that the City is, in one way or the other, not being treated fairly or we're
spending more money than we should. I will bring out the red flag, so let this just be a warning to
all the departments and the City that, any time that I do see that, once again, the City's spending
more money than it needs to, I will bring it up. But, once again, Ms. Carter, thank you so much.
And I thank the Apricot people for being understanding in lowering their prices by 35 percent. You
know, I look forward to working with you for as many years as you want to do business with the
City. Thank you.
147 March 23, 1999
Commissioner Teele: On the item — Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: Again, Commissioner Sanchez, I — you know, you're earning the title of
watch dog and I think you're doing a very good job. But I think — Mr. Manager, I had an
opportunity to get a copy of the letter that -- what is it, Apricot or Apricot...
Commissioner Sanchez: Yeah. Brazil Bernard.
Commissioner Teele: That the people sent. And one of the things that is gratuitously raised in that
letter is the payment cycle. You know, we should not ask any small business to finance the City. I
mean, I think we all will agree with that principle. And, you know, to ask a business that size to pay
— to be paid in 90 days sixty thousand dollars ($60,000), that's a part of why you wind up paying
more money. And, so, the question, Mr. Manager, is one, do we have an ordinance related to small
businesses and — we don't Willie — Commissioner?
Vice Chairman Gort: One of the things that we discussed, to see if we could utilize CDBG
(Community Development Block Grants) funds to advance payments and then, once the CDBG
receives the funds, they can release.the money from the general fund, repay CDBG. But then, my
understanding is, they can't do it.
Commissioner Teele: No, I don't think you can do that. But the fact of the matter is, the guy just
got up and gave us a report. We have a five million dollar —
Commissioner Sanchez: Five point three.
Commissioner Teele: You know, and you're not saving money by not paying people. All you're
doing is raising the price of the service because people, after awhile, they figure that in their price
next year. So, can we develop a policy? I don't think we ought to pass an ordinance but we ought
to get these on — the City ought to be paying all of its vendors on a net 30 -- net whatever. But these
small businesses ought to be on a net ten basis.
Mr. Donald Warshaw (City Manager): And I agree, Commissioner. Of course, this has been a long
time problem, like small businesses, historically, have not in the past wanted to do business with the
City. I'd like the Finance Director to just briefly comment on this.
Ms. Julie Weatherholtz (Director, Finance Department): Yes. And I do agree that, currently, the
City does not pay its bills in the most timely nature and we are currently going through and looking
at that process right now, and we are developing policies and procedure within the accounting
department to pay bills on time and, if possible, to even take advantage of any type of net discount
that some vendors do offer.
Commissioner Teele: Thank you.
Chairman Plummer: OK. Let me tell you. It's going to be critical, Mr. Manager, in the lot clearing
program because, as Commissioner Teele recommended, most of our vendors are minorities and
they operate on day-to-day kind of cash flow scenario. So, let me tell you, if you don't pay these
vendors on the lot clearing, they're going to fail. I can tell you.
148 March 23, 1999
66. DISCUSSION CONCERNING CITY'S EFFORTS TO HELP MERCHANTS ON
SOUTHWEST 8T" STREET DURING FLORIDA DEPARTMENT OF
TRANSPORTATION RECONSTRUCTION PROJECT.
Chairman Plummer: OK. We're back now to Mr. Regalado to finish up on his.
Commissioner Regalado: OK. I will take,. Mr. Chairman, the City's efforts to help merchants of
Southwest 8th Street, during the reconstruction project. And then the last item, because the Tibet
item has been done.
Chairman Plummer: Well, that's already been done. And we've done the promotion of Miami.
Commissioner Regalado: The reason that I requested this issue to be placed on the agenda is to get
some answers from the administration but before I ask those questions, I will try to be brief and
save the Commission a lot of time. The Manager has sent a memo giving details of the efforts of
the City to help merchants of Southwest 8th Street. I would tell you that the efforts of the City, in
terms of the actions of the staff of the City from the NET (Neighborhood Enhancement Team)
offices, specially first, of course, the Flagami Office, the NET lieutenant and all the members of the
Miami Police Department in'the Flagami area, since reconstruction began last October, has been
one example of going above and beyond the call of duty. I have attended a lot of meetings of the
merchants and I will tell you that those meetings are at 6 p.m. and at 7 p.m. In all those meetings —
and, by the way, they're each Thursday. There's one — and there are those called by the merchants.
The Thursday one is the DOT (Department of Transportation) meeting. In all those meetings we
had had the NET administrator, the lieutenant, sergeants, police officers. In the meetings of the
merchant, we had the NET administrator, the police lieutenant. But not only they attend those
meetings, I've seen it on the street — on a Monday morning, on a Saturday afternoon, I've seen the
people of the staff of the City of Miami doing — you know, trying to help the merchants. Trying to
work with the merchants. The City of Coral Gables has done a lot in terms of relaxing their signs.
The City of Miami has done the same. I will tell you that the City of Miami and the Flagami NET
has done more than they should because they not only have taken down some signs, but they have
not thrown away the signs but they have given them back to the merchants so they won't lose the
money. So, the issue here is not what the City staff has done for the merchants of Southwest 8th
Street. The issue here -- and that's the only issue that I requested and I'll try to be brief — is what I
consider a lack of respect to a member of the City Commissioner by the administration that did not
respond to small things that I requested. Not only that, I was mislead by the administration, Mr.
Manager, in the memo. For instance, on December 21, 1998, 1 prepared a list of legislative
priorities that included the issues surrounding the merchants of Southwest 8th Street as a matter of
highest priority. Because the construction was going on very well. As matter of fact, it's four
months ahead of time. So, the problem here is not construction. It's a problem that the merchants
are requesting money and the money only can come from the state legislature. So, I requested that.
And you wrote to me, "I have directed that this item be included among our priorities and assure
you that it will be submitted to our state lobbyist in an effort alleviate some of the challenges that
affect these businesses." Then, on that day, I also requested, through you — although, I can have
done it directly -- an interview, a meeting, a phone call from Mr. Ron Book, who is the lobbyist for
the City of Miami, which this Commission voted and decided that he will be the head of the team. I
got response on this question, I think, on March the 5th at 5 p.m. Mr. Book left a message with Ms.
Willie in the recording in the office and never heard from him until I was able to retract the
message, get his cellular number, call him, and he said that -- first of all, he wasn't advised that this
was a priority of the City. Second, he explained to me that there's nothing we can do about it,
149 March 23, 1999
which, you know, it's OK. Because the members of the legislature that represent Miami -Dade
County, especially that area, are trying to do. But what I wanted is just to show --a symbolic show
of support from the City to those merchants that needed money. And, you know, Mr.. Manager, I
wasn't even able to talk to Mr. Ron Book until three weeks after the legislature had begun. I think
that this was not something that was done deliberate. I don't think so. I don't want to believe. But I
think it was a very disrespectful act to a member of the Commission, which I only requested an
interview. And Ms. Willie, I have documented all your calls, all your memos that the Manager
signed. And this is not about the legislature has another priority. This is not the issue. Don't tell
me about the other priority. The issue is that I requested a simple telephone call from the lobbyist
of the City and I did never, ever got an answer. So, I just wanted to say that I'm frustrated, that I am
very hurt because I always think, Mr. Manager, that cooperation is a two-way street and I've been
treated here as — I don't know, not certainly a member of the Commission. So, I just wanted to say
that my problem with the City effort has not been the staff. The staff has done whatever they
needed to do and more for the merchants of Southwest 8th Street. It's just that I wanted to show a
symbolic support in behalf of the City Commission to the...
Chairman Plummer: Thank you, sir.
Commissioner Regalado: ...to the merchants of Southwest 8th Street. And I have never even was
able to communicate with the lobbying team.
Chairman Plummer: All right. You'd like to have a 30 second response?
Ms. Marva Wiley: Marva Wiley, City Manager's Office. Mr. Commissioner, I would like to clarify
one point. In your statements just now, you said that you requested the meeting in December when
you stated that you would like the item included on your legislative priority list.
Commissioner Regalado: No, I didn't say that. I said that later I requested a meeting in January.
Ms. Wiley: No, when you were talking just now. My records show February.
Commissioner Regalado: And I got the phone call in March. I mean, it's closed but...
Ms. Wiley: OK. I assume — in February you did request a meeting and, at that point, I did contact
Ron Book to obtain dates that would be viable for him, recognizing that the session was coming up
and he was back and forth from Tallahassee. When I called your office, none of those dates
worked. I was given a very narrow time frame to work with. So, for a couple of weeks, I was back
and forth between your office and Ron Book trying to come up with a viable date. When I was
unsuccessful, Ron Book said, exasperatedly, "will a phone call do? Do you think he'll be offended
by a phone call?" I said, well, at this point, it's better to get a phone call than nothing. That phone
call didn't come as quickly as I had hoped. I continued to follow-up on Mr. Book and that's
ultimately why, on March 5th, he called you with me on the phone to make sure that it happened.
Chairman Plummer: OK. Let's move on, please.
Commissioner Regalado: Well — OK.
Chairman Plummer: I don't know what else I can do.
Commissioner Regalado: I mean, what can I do? It's nothing else I can do.
150 March 23, 1999
Chairman Plummer: Get a stick and beat him.
Ms. Wiley: In the message that he left, I had been after him for several weeks and his interest was
in leaving a -- having something to say when he did call you.
Chairman Plummer: All right. Thank you very much.
67. DISCUSSION CONCERNING PENSION OF MS. JOSEFINA GOMEZ-PEREZ.
Chairman Plummer: Mr. Regalado, is that -- you got anything else?
Commissioner Regalado: Yes, the pension — the discussion concerning the pension of Ms. Josefina
Gomez -Perez. This is an issue that was discussed here in the past. And this is a case of trying to do
right what was done wrong in the past, and I asked the Manager to look into that. And I don't know,
Mr. Manager, if you can tell us what is the issue. What, if anything, can be done on this issue?
Chairman Plummer: Mr. Manager.
Mr. Donald Warshaw (City Manager): Well, basically, just to give you a quick synopsis. Back in
1993, the former Director of Community Development, Frank Castaneda, terminated Josefina
Gomez -Perez. She appealed her case to the Civil Service Board. She was found guilty of all the
charges; however, they recommended to the Manager at that time, Mr. Odio, that she receive a
suspension as opposed to being terminated. He was not under any obligation to follow the
discipline recommendation and sustained the recommendation made by Mr. Castaneda. In 1996
Ms. Gomez -Perez appealed -- maybe appeal is the wrong word, but wrote to former City Manager
Ed Marquez and, basically, he reviewed -- there's a memo in the file, which I have — reviewed the
case. Basically, said he was not going to override the actions of the previous department director
and City Manager and refused. So, basically, Ms. Gomez -Perez has been separated from the City
since 1993, and that's her status as of right now. I understand she's trying to get reinstated but
there's been no action taken by me or the administration.
Commissioner Regalado: Is there anything that your administration can do, Mr. Manager?
Mr. Warshaw: Well, as I've stated before, I wouldn't want to set the precedent of overriding what
two previous City Managers have already done. My recommendation to Ms.'Gomez-Perez would
be to take advantage of any other appeal or court proceedings, whatever, that might be available to
her. But to -- at this point, some six years after the fact, and to try to, retroactively, override, you
know, what happened in 1993, I think would be 'inappropriate and would be a precedent that I
wouldn't want to set for the City.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Manager, we all know Josefina Gomez -Perez. I mean, for the last -- I
have been seven months, but I'm sure she's been here every Commission meeting and I see her
running after you and after the City Attorney and doing everything she can to try to put an end to —
I believe that there might be a nightmare that she's gone through. I don't know much about the case,
151 March 23, 1999
just what you have spoken. But I remember in a hearing -- Commission meeting, not long ago,
there was some discussion about her missing only like three or four months of her retirement. In
other words — to be able to qualify for some type of...
Mr. Warshaw: It was about three years.
Commissioner Sanchez: Oh.
Chairman Plummer: There's a little difference between three months and three years.
Commissioner Sanchez: Yes, sir. I thought it was three months, so scratch.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Left me ask a question. And I follow the thought here. Then we tell people
they have to sue the City in order to get the benefits?
Mr. Warshaw: Well, I'm not say...
Vice Chairman Gort: Which is...
Mr. Warshaw: I'm not saying...
Vice Chairman Gort: Because, I mean, we have cases in front of us that they sue the City; we pay
them retroactive, two/three years; we pay for their attorney's fee. This is someone that's trying to
work it through the administration without suing the City and trying to do it so it would cost less to
the City and we're saying, "no. Go to court and sue us."
Mr. Warshaw: And, Commissioner, I'm not suggesting that she sue the City. I guess what I'm
saying is, it would be a significant precedence setting event to, retroactively, give someone back a
job who has not been awarded that right through some process. And overriding what two previous
City Managers have done and exhaustively reviewed -- and there is a rather exhaustive file that was
reviewed by the former Manager Ed Marquez. I mean, it just would be, I feel, very inappropriate
that that be the method by which...
Vice Chairman Gort: Right. What we're saying is go to court?
Mr. Warshaw: No, I'm not saying that.
Vice Chairman Gort: Because, then, that's a precedence that's been established here before. I mean,
because people that have gone to court have received retroactive payments and they've been able to
retire and receive all the benefits.
Mr. Warshaw: Maybe there's a — the reality is, there isn't an appeal process. I mean, in effect she
went through the Civil Service process. Civil Service process found her guilty, sustained the
Manager's finding, and, then, he exercised his legal prerogative to enforce the discipline that Mr.
Castaneda had recommended.
Chairman Plummer: Well, I think we need the City Attorney to tell us what is the rules.
152 March 23, 1999
Mr. Alejandro Vilarello (City Attorney): The rules with regard to what the Commission can do?
Chairman Plummer: Yes.
Mr. Vilarello: The Commission is limited in its ability to direct the Manager with regard to any
personnel matters, as this item was discussed at the last meeting, where the item came up. You can
ask the City Manager to look into it and to make sure that he exhausts his review and consider any
solution that he might deem appropriate, and the Manager has told you that, in his opinion, he is not
interested in, retroactively, reinstating her so that she would be able to get her retirement benefits.
Her only remedy at this time is to seek any judicial or legal remedy that she may have, other —
because the City Commission is limited in its ability to direct the Manager with regard to personnel
issue.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: If they were to do that, in terms of retroactive placing her, you, Mr. City
Attorney, had said in the past that this is an amount that is — to complete the whole process, it's an
amount that will be no more than ten thousand dollars ($10,000)?
Mr. Vilarello: I can't recall the exact amount but approximately that amount, which would be
sufficient to fund the pension benefit. The Pension Board, of course, may disagree with that. I do
not represent the Pension Board. Ms. Weller has disagreed with that, thinking that the entire
amount of the salary must be paid and, then, from that deducted the amount necessary to fund the
pension system. However, there is - there would be a mechanism legally to do it. There is not
necessarily an agreement between the administration and myself with regard to that. Ultimately, the
Pension Board would rule as to whether or not there was the appropriate contributions to the
pension system.
Commissioner Regalado: Well, let me ask you this. Can you ask the Pension Board -- this was the
same Pension Board that refused to consider the former Manager, Caesar Odio's, pension withdraw,
right?
Mr. Vilarello: Refused to reconsider the...
Commissioner Regalado: Right. It is the same Pension Board. Caesar Odio is out of jail now, isn't
he?
Chairman Plummer: Yes.
Mr. Vilarello: Yes.
Commissioner Regalado: Well, anyway, what —I just wanted to ask...
Chairman Plummer: All right.
Commissioner Regalado: ...the possibility that you ask the Pension Board if...
Chairman Plummer: All right. That's legitimate to ask. OK.
153 March 23, 1999
Commissioner Regalado: If they would consider that and, then, you start — the City will start the
process.
Chairman Plummer: OK. Thank you, sir.
Mr. Vilarello: I'll be happy to.
68. CONTINUE TO MEETING OF APRIL 27, 1999 CONSIDERATION OF PZ6(b)
[PROPOSED ORDINANCE TO AMEND ORDINANCE 11000 TO ADD SD-19
DESIGNATED FAR OVERLAY DISTRICT - LOCATION: 3674, 3680, 3690 SW ' 26
TERRACE AND 3675 SW 27 STREET] AND PZ12 [PROPOSED ORDINANCE TO ADD
SD-12 BUFFER OVERLAY DISTRICT — LOCATION: 3455, 3441, 3445 HIBISCUS
STREET] —SEE LABEL 72.
Chairman Plummer: Next item. That concludes the regular agenda. We are now going to go into
the Zoning Agenda. All right. The first item is PZ — excuse me. Before we start, items 6B and 12
have been requested to be withdrawn by the administration. Moved by Mr. Gort. Seconded by -- is
the City withdrawing — you want also? Well, now, hold on. Let me take the City's first. Item 613
and 12. Moved by Gort. Seconded by Sanchez. Wait a minute, now. Come on. Hey, hold it. Hold
it. I can only do one at a time without goofing up badly, and I don't like to goof up. The motion
before us is Item 6B and 12. All in favor of the deferral, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? There is no opposition.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 99-227
A MOTION TO CONTINUE CONSIDERATION OF AGENDA
ITEMS PZ-6(B) [PROPOSED ORDINANCE TO AMEND ORD. 11000
TO ADD SD-19 DESIGNATED FAR OVERLAY DISTRICT FOR
PROPERTIES AT APPROXIMATELY 3674, 3680, AND 3690 SW. 26
TERRACE AND 3675 S.W. 27 STREET] AND PZ-12 [PROPOSED
ORDINANCE TO AMEND ORD. NO. 11000 IN ORDER TO ADD SD-
12 BUFFER OVERLAY DISTRICT TO PROPERTY AT
APPROXIMATELY 3455, 3441, 3445 HIBISCUS STREET] TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR APRIL
27, 1999.
154 March 23, 1999
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez.
Commissioner Arthur E. Teele; Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
69. CONTINUE TO MEETING OF APRIL 27, 1999 CONSIDERATION OF ITEMS PZ7
(PROPOSED ORDINANCE TO CHANGE LAND USE DESIGNATION AT 3680 NW 11
STREET AND AT 1021 NW 37 AVENUE'TO RESTRICTED COMMERCIA) AND PZ8
(PROPOSED ORDINANCE TO CHANGE DESIGNATION OF PROPERTIES AT 3680
NW 11 STREET AND AT 1021 NW 37 AVENUE TO C-1 RESTRICTED
COMMERCIAL).
Chairman Plummer: Now, six and seven. Ms. Leyva Toledo. Yours is six and seven?
Ms. Vicky Garcia -Toledo: No, sir. It's seven and eight.
Chairman Plummer: All right. Are there any people here on seven and eight that would be
inconvenienced if this were to be deferred? You're requesting a deferral, am I correct?
Ms. Garcia -Toledo: That's correct. There was one missing...
Chairman Plummer: Let the record reflect that no one has indicated that they would be
inconvenienced by deferral of seven and eight.
Ms. Garcia -Toledo: To a day certain.
Chairman Plummer: Moved by Commissioner Teele. Seconded by Commissioner Sanchez.
Ms. Lourdes Slazyk (Assistant Director, Planning): To the next meeting.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
155 March 23, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-228
A MOTION TO CONTINUE CONSIDERATION OF AGENDA
ITEMS PZ-7 [PROPOSED ORDINANCE TO AMEND THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
LAND USE DESIGNATION AT APPROXIMATELY 3680 N.W. 11
STREET AND 1021 N.W. 37 AVENUE FROM MEDIUM DENSITY
RESIDENTIAL TO RESTRICTED COMMERCIAL] AND PZ-8
[PROPOSED ORDINANCE TO AMEND ZONING ATLAS BY
CHANGING DESIGNATION FOR PROPERTIES LOCATED AT
APPROXIMATELY 3680 N.W. 11 STREET AND 1021 N.W. 37
AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL] TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR APRIL
27, 1999.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Ms. Slazyk: This would be for April 27th.
Chairman Plummer: That's correct. All of them are a date certain.
70. WITHDRAW ITEMS PZ13 (PROPOSED ORDINANCE TO CHANGE LAND USE
DESIGNATION FOR PROPERTY AT 1975 NW 12 AVENUE - PROPERTY
MAINTENANCE SITEO AND PZ14 (PROPOSED ORDINANCE TO CHANGE ZONING
DESIGNATION FOR PROPERTY AT 1975 NW 12 AVENUE TO C-2 LIBERAL
COMMERCIAL.
Chairman Plummer: Now, Dena.
Ms. Dena Bianchino (Assistant City Manager): We want to withdraw Items 13 and 14.
Chairman Plummer: Is that by the City?
Ms. Bianchino: Yes, sir.
156 March 23, 1999
Chairman Plummer: All right. There is a motion on Items 13 and 14. Is there anyone here who
would be inconvenienced by the deferral of Items 13 and 14? Let the record reflect that no one
came forth to say it was inconvenient. A motion by Gort. Seconded by Sanchez. All in favor, say
11aye.11
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-229
A MOTION TO WITHDRAW AGENDA ITEMS PZ-13 [PROPOSED
ORDINANCE TO AMEND COMPREHENSIVE NEIGHBORHOOD
PLAN TO CHANGE LAND USE DESIGNATION FOR PROPERTY
AT APPROXIMATELY 1975 N.W. 12 AVENUE (PROPERTY
MAINTENANCE SITE) FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO GENERAL
COMMERCIAL] AND PZ-14 [PROPOSED ORDINANCE TO
AMEND ZONING ATLAS BY CHANGING ZONING DESIGNATION
FOR PROPERTY AT APPROXIMATELY 1975 N.W. 12 AVENUE
FROM G/I GOVERNMENT AND INSTITUTIONAL TO C-2
LIBERAL COMMERCIAL.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Thirteen and 14 is now -- I mean, is there anything left? Mr. Stanley Price, the
great Barrister from downtown:
157 March 23, 1999
71. REAPPOINT ILEANA HERNANDEZ-ACOSTA AND OSVALDO MORAN -- APPOINT
?,ICK RUIZ TO ZONING BOARD— SEE LABEL 54.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer:, Mr. Regalado.
Commissioner Regalado: I don't know if we did made the appointments while I was not here in the
morning. Did you made appointment? OK. The reason I'm asking this is because yesterday there
was no quorum on the Zoning Board.
Chairman Plummer: Right.
Commissioner Regalado: And I have two appointments for the Zoning Board.
Chairman Plummer: Would you would like to make them now?
Commissioner Regalado: Yes, I do.
Chairman Plummer: Please, give us your name -- numbers. Who are they?
Commissioner Regalado: The names of the appointments to the Zoning Board Mr. Osvaldo Moran
and Rick Ruiz.
Chairman Plummer: All right. All in favor of the names proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-230
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN -INDIVIDUALS AS REGULAR MEMBERS
OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN.
158 March 23, 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.
72. APPROVE REQUEST TO CONTINUE TO MEETING OF APRIL 13, 1999
CONSIDERATION OF pz6(b) [PROPOSED ORDINANCE TO ADD SD-19
DESIGNATED FAR OVERLAY DISTRICT FOR PROPERTIES AT 3674, 3680, 3690 SW
26 TERRACE AND 3675 SW 27 STREET] — SEE LABEL 68.
Chairman Plummer: All right. Mr. City Attorney, I would ask that, in the future, that all
appointments to any boards that you have, that prior to the Commission meeting, that you put them
in writing and give them to us, for example, so that we can get them here to get a vote on them and
let's try and get these boards filled. OK? Mr. Stanley Price, the great Barrister.
Mr. Stanley Price: Thank you, Mr. Vice Chairman.
Chairman Plummer: For the record, are you a paid lobbyist?
Mr. Price: Yes, I am, sir.
Chairman Plummer: All right, sir. Start off with your name and mailing address.
Mr. Price: On Item 6B. Stanley Price...
Chairman Plummer: Your name and mailing address.
Mr. Price: Stanly Price, 2500 First Union Financial Center, Miami, Florida. On Item 6B, 613 is a
companion item to Items 5 and 6A. There was an error made in the legal advertisement and we
would respectfully request -- Mr. Mandel is here today as the owner of the property. We have
certain contractual obligations, and we were hoping that 613 can be readvertised toward -- to April
13th in order to satisfy these contractual obligations.
Chairman Plummer: What, did we do it'til the 13th or the 27th? Well, what he's saying is that he
would have a problem financially. Can we schedule it for the 13th? The answer is yes.
Vice Chairman Gort: Commissioner -- Mr. Chairman?
159 March 23, 1999
Mr. Alejandro Vilarello (City Attorney): You advertise...
Chairman Plummer: The meeting of the 13th is going to have to be changed because both Mr.
Sanchez, Commissioner Sanchez and myself are not going to be here?
Commissioner Sanchez: No, I will be here, present.
Vice Chairman Gort: Well, I'm not going to be here, so I'd like to change it to the 13th.
Chairman Plummer: All right.
Vice Chairman Gort: Of the six years that I've been here, I've never missed a meeting. I don't want
to miss one.
Chairman Plummer: No, no, no. It's just a matter of trying to find a date. All right. Mr. Price, you
will be scheduled for the first meeting in April, once we decide what that date is, and Vicky will
convey to you what that date is.
Mr. Price: Thank you very much.
Chairman Plummer: All right.
73. DENY APPEAL OF ZONING BOARD DECISION WHICH DENIED AN
APPEAL BY BRAD TUCKER OF THE CLASS II SPECIAL PERMIT
APPLICATION NO. 98-0193 APPROVED BY THE DIRECTOR OF THE
PLANNING DEPARTMENT ON DECEMBER 1, 1998 — FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3220, 3240, 3260 FLORIDA AVENUE, TO
ALLOW NEW CONSTRUCTION OF THREE (3) SINGLE-FAMILY
RESIDENTIAL UNITS PURSUANT TO ARTICLES 6 AND 9, SECTION 602.3.1 OF
ORDINANCE NO. 11000 — APPLICANT: FARMER'S MARKET AT COCONUT
GROVE.
Chairman Plummer: All right. Now, item PZ-1.
Ms. Lourdes Slazyk (Assistant Director, Planning): PZ-1 is a...
Chairman Plummer: Wait a minute. Are the applicants here? This is an appeal of the Zoning
Board's decision. All right. All right. The administration, give us your...
Ms. Slazyk: OK. Thank you. For the record, Lourdes Slazyk, Planning Department. PZ-1 is an
appeal of a Class 2 Special Permit. The appeal went before the Zoning Board and the Zoning Board
upheld the Class 2 Special Permit, and the appellant has appealed it on to you, to the city
Commission. This project, you may recall, is one that came in for a zoning change some time ago
for what's called the Farmer's Market site in Coconut Grove. As part of that zoning change, the
Commission accepted a covenant, running with the property, that they would build three
single-family homes at the rear of the property in order to service a buffer between the SD-2
commercial development, which was going to be on Grand Avenue, and the neighborhood which
was behind this property. The Class 2 Special Permit before you now is for those three
single-family homes. Some of the arguments which came up at the Zoning Board revolved around
160 March 23, 1999
whether these three single-family homes meet the zoning and subdivision requirements and
setbacks and that sort of thing because of how they're oriented. I'd like to remind you that the
property is zoned as SD-2, not R-1. So, there are -- the setbacks are different. The setbacks are not
your typical R-1/20 foot in the front setbacks, and Zoning has reviewed these and they comply with
all zoning and subdivision regulations.
Chairman Plummer: All right. Sir, are you representing — who ma'am? Hello?
Unidentified Speaker: I thought you said sir. I am representing the Farmer's Market.
Chairman Plummer: She's not getting ready to give birth yet.
Vice Chairman Gort: Be nice to her.
Commissioner Sanchez: Got to be nice to people. Jesus.
Chairman Plummer: I mean, does anybody else want to talk to me at the same time? I mean, I've
got four ears.
Commissioner Sanchez: Grumpy old man.
Unidentified Speaker: I represent the...
Chairman Plummer: All right. Mr. Clerk, would everybody that wants to testify on any matter
relating to zoning, please stand up and be sworn in and sworn out. If you don't get sworn in, you
cannot testify. Mr. Clerk, you do it in English, and Madam Clerk, you do it in Spanish.
[AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH .UNDER
ORDINANCE NO. 105-11 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES]
Chairman Plummer: All right. Adrienne — no, you go second. The applicant is the appeal so, sir,
you have five minutes.
Mr. Jeff Tucker: Jeff Tucker, 3241 Florida Ave. I'm going to give you four substantial reasons that
the appeal -- that the application does not comply with the Ordinance 11000 and that this appeal
should be approved. Let me briefly state the four reasons. First being that the notice of the Zoning
Hearing Board meeting of January 25, 1999, was not timely mailed according Section 1804.
Second reason is that the original Class 2 application notices did not notify all abutting property
owners, as required by Section 1501. Number three, the application fails to comply Section 2302,
where the covenant calls for more restrictive conditions under Article 11, Section 400, in the
application proposed. And number four, the lot that the application is based upon no longer exists;
that under Section 230 that, therefore, this application is mute. The lot, it does not exist. It's not a
legal -- legally described lot any longer.
Chairman Plummer: All right, sir. That's your presentation?
Mr. Tucker: No. That was the brief statement of each of the four reasons. Now, I'm going to...
Chairman Plummer: Oh, all right.
161 March 23, 1999
Mr. Tucker: ...fill you in on what those reasons...
Chairman Plummer: How about pulling the microphone up so we could hear you a little bit better.
Mr. Tucker: OK.
Chairman Plummer: Thank you, sir.
Mr. Tucker: OK. Under Section 1804, it says, "notice by mail at least 15 calendar days in advance
of the hearing shall be given to any persons, who, at any stage in the proceedings, including that
time prior to the decision by the administration, having writing — indicated their. desire to be
notified." I have the affidavit here with the original envelopes that were mailed to the appellants;
that, although they were stamped by the City on January 15th, they were not post marked until
January 21 st, four days before the hearing. I'm submitting those as evidence here. So, they — that
does not comply with Section 1804. The next reason is Section 1501.
Commissioner Teele: Well...
Mr. Tucker: Fifteen -oh -one is the initial application. "The applicant shall notify all — in writing all
abutting property owners, including those across the street or alley, by certified mail." And as a —
explained in the original appeal, the only people there that were notified were the people across
Florida Avenue. The people across Grand Avenue and across the two side streets were not notified.
And that -- those certified letters are all in the file. Third reason is, under Section 2302, says "it is
not intended by this zoning ordinance to interfere with, abrogate or annul any easements, covenants,
deed restrictions or agreements between private parties, provided that where the regulations set out
in the zoning ordinance are more restrictive than such easements, covenants, deed restrictions or
agreements between private properties, the restrictions of the zoning ordinance shall govern." I'd
like to read you the pertinent part of the covenant that I believe deals with this and, as the — Ms.
Slazyk said, that the covenant was recorded with the City and the surrounding property owners, and
that they vio -- owners of this application voluntarily covenant to follow these restrictions. And it
says, "The use of the residential property shall be restricted to the construction of single-family
housing as follows: Three single-family homes shall be built within the residential property and
shall be consistent with the site plans attached thereto and made a part thereof as Exhibit A." And
the Exhibit A shows three separate houses on three separate lots, but as the — Section 400 of the
Zoning Code states under our one residential, "the typical lot size has a minimum dimension of 50
feet frontage by one hundred feet in depth." Also, the minimum lot size required is five thousand
square feet. The setbacks for the front are 20 feet; side five feet, the rear 20 feet. The minimum lot
width is 50 feet, and there's one dwelling unit per lot of record. So, if you use the covenant and you
look at the diagram that they supplied with the covenant, it shows three separate houses on three
separate lots. The total size of the lot that's proposed here does not equal 15,000 square feet so,
therefore, you cannot get three lots out of that property. The width, although it does appear to be 50
feet, the depth is only 40 feet. So, to get a 20 foot set — or to get a 20 foot setback on the rear and
five in the front, you would end up with a house that's about 15 feet wide and I don't believe that's
what it shows on this plan.
Chairman Plummer: How much longer, sir?
Mr. Tucker: Just a couple minutes. Now, as to the final point that I brought up, which is also in
Section 2 — Section 230. It says, 'No new lot shall be created after the effective date of this
ordinance. Any amendment thereto, except in conformity with the requirements of applicable
162 March 23, 1999
regulations and no lot or — yard or lot existing at the time of passage of these regulations shall be
reduced in width, depth, or area by private action below, the minimum requirements set forth in this
ordinance." Now, on the previous appeal I had a map and I asked them to bring that map here to the
hearing today. Is the original map here today? The file, the total file for this application?
Chairman Plummer: Who did you request it of, sir?
Mr. Tucker: Teresita Fernandez from the Hearing Boards.
Chairman Plummer: He said that he had a map here that before and that they requested you to
bring the map. You have the map?
Ms. Teresita Fernandez (Assistant Executive Secretary, Hearing Boards): Yes, sir.
Chairman Plummer: All right. Put it up. Why is the clock not running?
Ms. Fernandez: You want it up here?
Chairman Plummer: Wherever he would like it, ma'am.
Commissioner Teele: You need to speak up a little bit. We can hardly hear you.
Mr. Tucker: I'm sorry. OK. Thank you. This map shows that, originally, the owners purchased
three separate lots in this block and they're all contiguous and they compromise the whole block,
and they have three separate folio numbers. But an application is made in June 30, 1998, to replat
the block and on July 21 st, 1998, the Mayor signed Resolution 98-745 replatting the whole block
into one lot. So, now this application no longer has a legal description in it because the block has
been replatted, and this is the legal description that exists today. This is the legal description that
exists during the application. It goes back to the other point that I made, that the people on Grand
Avenue didn't have any notice of this application. This is one contiguous site. In the Planning
Directors' original approval for this application, she sites the landscaping plan from phase one and
that this application is phase two. Well, anytime you have phase one and phase two, it sort of
suggests to you that this is one application, one site, and that's what we have, and the proper notices
were not given.
Chairman Plummer: All right. Mr. City Attorney, you've heard all of the legal questions that have
been proffered by the applicant of the appeal. I'd ask you to make a comment.
Mr. Joel E. Maxwell (Assistant City Attorney): Well, sir, members of the Commission, Mr.
Chairman, this is an appeal that was heard by the Zoning Board and, presumably, all the issues that
were raised by the appellant just now were raised at the Zoning Board level. Indeed, it would be
improper for any new issues to be raised on appeal at this point. The Zoning Board heard those
issues and ruled against the appellant, and that's how it's before you now. The rebuttal to the
petitioner's comments was made by the applicant at that hearing, and I would ask that counsel for
the property owner, who's here now, be allowed to present their side to the board at this time.
Chairman Plummer: I don't understand why we have to have their side. This gentleman has raised
legal questions, which you said have already been heard. If they've already been heard...
Mr. Maxwell: And they were rejected.
163 March 23, 1999
Chairman Plummer: And they were rejected.
Mr. Maxwell: That's correct.
Chairman Plummer: Now, as far as I'm concerned, that should end it.
Mr. Maxwell: Well, they were rejected, sir, but that was based on — that record was made at that
time. In order for...
Chairman Plummer: OK. All right, all right. If you -- if she...
Mr. Maxwell: I would suggest you hear it also.
Chairman Plummer: If she feels that it's necessary to go ahead and to have a second item that is not
being heard, that's up to her.
Mr. Maxwell: Well, no. Commissioner, if I may. It's — and in order to preserve the record on
appeal from this board, it's important that the record reflect both sides' competent evidence support
any decision that this board would make.
Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I agree with everything that the attorney has said but the issues -- two of the
four issues are clearly jurisdictional issues. And, with all due respect to the attorney that's
representing the applicant, we need to hear from our lawyer. We need to hear from our lawyer
regarding the jurisdictional issue.
Mr. Maxwell: The jurisdictional issues he raised regarding notice...
Commissioner Teele: That's right.
Mr. Maxwell: That's right. And I believe that that issue was raised below and notice would have
been in a matter of the Hearing Boards, and the Hearing Boards can indicate now whether or not
proper notice was given at that time. Based on the information we have and that was provided to
our office, proper notice -- required notice was given.
Chairman Plummer: -,OK. Now, ma'am, the City Attorney said you've got to earn your living by
making your record and, so, I don't think it's necessary but since he said we've got to do it, I'll ask
you to.do it. Try to be brief.
Ms. Adrienne Pardo: I will. Hello. My name is Adrienne Pardo. with law offices at 1221 Brickell
Avenue. I'm here today on behalf of Farmer's Market of Coconut Grove, LC. With me today is Mr.
Bruno Carnesella, who's the managing partner. I'd like to incorporate all of the testimony,
statements, and evidence that was made at the Zoning Board hearing on January 25, 1999, so we
don't need to go into those issues. It's our feeling, that we request that this Commission uphold the
164 March 23, 1999
decision of the Planning Director that issued the Class 2 for these three homes located on Florida
Avenue. It's our position that all required notices were submitted, and it's also -- I'd just like to
address one issue on that notice issue, where Mr. Tucker, Mr. Jeff Tucker — it's my understanding,
he's representing his brother Brad .Tucker, who owns a home on Florida Avenue, and Mr. Brad
Tucker did receive notice -- and it's in the file — on this particular application, for this particular
Class 2. I'm not familiar with any property owners he may represent across from Grand Avenue,
where he's claiming no notice was given; however, it's our feeling that all, required, notices were
given. I'd be happy to address any questions that this Commission feels may be necessary, but we
would request that you uphold the Zoning Board.
Chairman Plummer: I close the public hearing at this time and open it to discussion among the
Commission. Hearing none, is there a motion?
Vice Chairman Gort: Move it.
Chairman Plummer: Moved to deny the appeal.
Vice Chairman Gort: Deny the appeal.
Chairman Plummer: Is there a second? Is there a second?
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Mr. Sanchez. Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Regalado: This is to deny the appeal? Yes.
Commissioner Teele: Based upon my reliance on the legal counsel that we have jurisdiction and
that notice was proper, I vote yes.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-23 I
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING
THE APPEAL AND AFFIRMING THE DECISION OF THE ZONING
BOARD, FOR CLASS II SPECIAL PERMIT NO. 98-0193, ISSUED
FOR THE CONSTRUCTION OF - THREE (3) SINGLE FAMILY
RESIDENTIAL UNITS FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3220, 3240, AND 3260 FLORIDA AVENUE,
MIAMI, FLORIDA.
165 March 23, 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.
74. APPROVE CONSIDERATION OF A RELEASE TO THE ZONING COVENANT
RUNNING WITH THE LAND RECORDED FEBRUARY 27, 1992, NO. 92RO70219,
RECORDED IN THE OFFICIAL RECORDS BOOK FOR THE PROPERTY
LOCATED AT APPROXIMATELY 2828 N.W. 19TH AVENUE, WHICH WILL
ALLOW THE DEVELOPMENT OF A DUPLEX ON THE PROPERTY —
APPLICANT: LYNN AND SUSAN FUELLING.
Chairman Plummer: PZ-2, 2828 Northwest 19 Avenue. Is the applicant present? The applicant is
Lynn and Susan Fuelling. Are they present?
Unidentified Speaker: I'm here.
Chairman Plummer: All right, sir. You're the applicant?
Unidentified Speaker: Pardon?
Chairman Plummer: You're the applicant or is this an appeal?
Unidentified Speaker: No, I'm the applicant.
Chairman Plummer: All right.
Mr. Juan Gonzalez: Mr. Chairman, the Department of Building and Zoning has no objections or
release of this covenant.
Chairman Plummer: I'll close the public hearing. Is there a motion on PZ-29
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort, whose district it's in. Seconded by Teele. Is that an
ordinance?
Mr. Joel Maxwell (Assistant City Attorney): It's a resolution.
166 March 23, 1999
� .• .. it •
Chairman Plummer: It's a resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Thank you, sir, and good night.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-232
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE RELEASE OF A ZONING
COVENANT RUNNING- WITH THE LAND, DATED FEBRUARY 27,
1992, RECORDED IN THE OFFICIAL RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, NO. 92RO70219 FOR THE PROPERTY
LOCATED AT 2828 NORTHWEST 19TH AVENUE, MIAMI,
FLORIDA, FOR THE PURPOSE OF REDEVELOPING THE
PROPERTY FOR A DUPLEX RESIDENCE.
(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.
75. APPROVE SECOND READING ORDINANCE AMENDING ORDINANCE NO.
10544, AS AMENDED, THE CITY OF NIIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND
USE DESIGNATION -- FOR THE PROPERTY LOCATED AT APPROXIMATELY 3250
MARY STREET FROM "MEDIUM DENSITY RESIDENTIAL" AND "RESTRICTED
COMMERCIAL" TO "OFFICE" — APPLICANT: SPP REAL ESTATE INC.
Chairman Plummer: Item PZ-3 is an ordinance and it's an ordinance relating to 3250 Mary Street.
The applicant is SPP Real Estate Continental Plaza, Inc. Adrienne Pardo is here to give birth again
to another retirement. What is this, approval and recommended for approval? Does anybody want
to hear this issue? Does anyone wish to hear the issue? Is there a motion?
Vice Chairman Gort: Move it.
167 March 23, 1999
Chairman Plummer: Moved by...
Commissioner Regalado: Move it.
Chairman Plummer: Moved by Gort. Seconded by Regalado. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN
BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 3250 MARY
STREET, MIAMI, FLORIDA, FROM MEDIUM DENSITY
RESIDENTIAL AND RESTRICTED COMMERCIAL TO -
OFFICE; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of May 26, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded .by
Commissioner Regalado, the ordinance was thereupon given its second .and -final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11773
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.
168 March 23, 1999
76. APPROVE SECOND READING ORDINANCE CHANGING ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, BY AMENDING THE ZONING ATLAS BY
CHANGING THE ZONING DESIGNATION -- FOR THE PROPERTY LOCATED
AT APPROXIMATELY 3250 MARY STREET - FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL WITH AN SD-3 COCONUT GROVE MAJOR
STREETS OVERLAY AND SD-2 COCONUT GROVE. CENTRAL COMMERCIAL
DISTRICT TO O OFFICE WITH AN SD-3 COCONUT GROVE MAJOR STREETS
OVERLAY - APPLICANT: SP,P REAL ESTATE INC.
Chairman Plummer: Item 4 is a companion, 3250. Moved by Gort. Seconded by Regalado.
Anyone wishing to hear the issue? Read the ordinance. Ms. Pardo, you were only surpassed in
your greatness by the court reporter, who did a fantastic job. Call the roll.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE
ZONING ORDINANCE AND PAGE NO.46 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH
AN SD-3 COCONUT GROVE MAJOR STREETS OVERLAY
AND SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT TO OFFICEWITH AN SD-3 OVERLAY FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3250 MARY
STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED HEREIN; MAKING FINDINGS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
169 March 23, 1999
Passed on its first reading, by title, at the meeting of May 26, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, .seconded by
Commissioner Regalado, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11774
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.
77. APPROVE SECOND READING ORDINANCE AMENDING ORDINANCE NO.
10544, AS AMENDED, THE CITY OF MIANII .COMPREHENSIVE
NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY
CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 3674, 3680, AND 3690 S.W. 26TH TERRACE AND 3675 S.W.
27TH STREET FROM"DUPLEX RESIDENTIAL" TO "RESTRICTED
COMMERCIAL" — APPLICANT: SOL C. MANDEL.
Chairman Plummer: Now five has been deferred.
Ms. Lourdes Slazyk (Assistant Director, Planning): No.
Chairman Plummer: No. Five...
Ms. Slazyk: Five, 6A and 6B were companion items. 6B was deferred and five and 6A can be
heard and approved today.
Chairman Plummer: All right. We're now on Item 5, 3674, 3680, 3690 Southwest 26 Terrace, and
3675 27th Street. This matter is for approval by the Planning Department. Approval by the PAB
(Planning and Advisory Board). It is to change from duplex/residential to restricted/commercial,
and then comments made is to unify the residential development. Administration wish to
comment?
Ms. Slazyk: We recommend approval.
Chairman Plummer: OK. Miss — is there any opposition here? You're not foolish enough to make
a comment.
170 March 23, 1999
Ms. Vicky Garcia -Toledo: I need to protect the record by putting some things in the record. I'll do
it very quickly, Commissioner
Chairman Plummer: You better be brief or you're going to lose.
Vice Chairman Gort: I'm going to be requesting a few things on this one.
Ms. Garcia -Toledo: There were some issues...
Chairman Plummer: - Oh, well, Mr. Gort's going to have questions.
Mr. Gort.
Vice Chairman Gort: No, I'll listen to her. I'll listen to her first.
Chairman Plummer: All right.
Ms. Garcia -Toledo: There were some issues as to notice on the record. We'd like to enter an
affidavit from Mr. Ray Hunt as to accurateness of the property's list that was prepared, as well as a
letter explaining the issue. This was approved by you on first reading. We would like, at this time,
to proffer a covenant and that covenant is to include a one foot to remain residential for Lot 9,
Block 2, on the east boundary. On the south boundary of Lots 7, 8 and 9. And that lots...
Chairman Plummer: Wait a minute. Excuse me. Is this...
Vice Chairman Gort: No, she's doing right. Go ahead. That's all right.
Chairman Plummer: Were these covenants proffered at the lower level?
Ms. Dena Bianchino (Assistant City Manager): This is the proper form for them to be proffered.
Chairman Plummer: OK. So, in other words, it's not out of line?
Vice Chairman Gort: She's doing fine.
Ms. Slazyk: No, no. The thing is, that the one foot...
Mr. Joel Maxwell (Assistant City Attorney): It doesn't apply to...
Ms. Slazyk: ... needs to be on 6A, not 5.
Mr. Maxwell: Not five.
Ms. Slazyk: But she can make the comments now, but the one foot in the covenant should all be
proffered on 6A, not 5.
Chairman Plummer: OK. Go ahead, proceed.
Ms. Garcia -Toledo: And that Lots 7, 8 and 9 shall be developed at a maximum height of 50 feet.
Chairman Plummer: OK. Mr. Gort, you had questions.
171 March 23, 1999
Vice Chairman Gort: Move it. She answered my questions.
Chairman Plummer: OK. Mr. Gort moves it. Seconded by Mr. Regalado. Read the ordinance.
Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN
BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 3674, 3680,
AND 3690 SOUTHWEST 26TH TERRACE AND 3675
SOUTHWEST 27TH STREET, MIAMI, FLORIDA, FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A .SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of October 27, 1998, was taken up for its
second and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Regalado, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez '
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr. .
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11775
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.
172 March 23, 1999
78. APPROVE SECOND READING ORDINANCE CHANGING ZONING AS LISTED
IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY AMENDING THE ZONING ATLAS BY CHANGING THE
ZONING DESIGNATION FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3674, 3680, AND 3690 S.W. 26TH TERRACE AND 3675 S.W. 27TH.
STREET FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL — APPLICANT: SOL C. MANDEL.
Chairman Plummer: Six -A, same addresses as before.
Mr. Joel Maxwell (Assistant City Attorney): This is where the covenants come in.
Chairman Plummer: For approval .on both items.
Ms. Lourdes Slazyk (Assistant Director, Planning): And accepting the covenant.
Chairman Plummer: And accepting the covenant. Moved by Mr. Gort. Seconded by Mr. Regalado.
Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING
PAGE NO. 18 OF THE ZONING ATLAS OF THE CITY OF
MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 3680,
3674 AND 3690 SOUTHWEST 26TH TERRACE, AND 3675
SOUTHWEST 27TH STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY LEGALLY DESCRIBED ON EXHIBIT
"A"; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND;
PROVIDING FOR AN EFFECTIVE DATE.
173 March 23, 1999
Passed on its first reading, by title, at the meeting of October 27, 1998, was taken up for its
second and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Regalado, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote: -
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11776
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.
79. CONTINUE DISCUSSION ON CONTINUANCE OF PZ611 (CHANGE OF
ZONING AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE
OF - DISTRICT REGULATIONS, BY AMENDING THE ZONING ATLAS BY
CHANGING THE ZONING DESIGNATION IN ORDER TO ADD SD-19
DESIGNATED F.A.R. OVERLAY DISTRICT (F.A.R. 2.5) FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3674, 3680, AND 3690 S.W. 26T" TERRACE AND
3675 S.W. 271h Street.) TO MEETING OF APRIL 27, 1999.
Chairman Plummer: Tell me what we did and why we didn't do 6B. It's the same piece of property.
Ms. Lourdes Slazyk (Assistant Director, Planning): Yes. 6-B, it was advertised leaving out the
portion on 37th Avenue. What 6B is doing, was going to add an SD-19 overlay to the entire
property...
Chairman Plummer: OK.
Ms. Slazyk: ...and it left out one of the addresses.
Chairman Plummer: All right. And that will be on whatever the first meeting is in April. All right
now. Did we defer seven and eight?
Ms. Slazyk: Yes.
Chairman Plummer: Do I recall that?
Mr. Joel Maxwell (Assistant City Attorney): Yes, yes.
174 March 23, 1999
80. APPROVE SECOND READING ORDINANCE AMENDING ORDINANCE NO.
10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND
USE DESIGNATION - FOR THE PROPERTY LOCATED AT APPROXIMATELY 41
TAMIAMI CANAL ROAD FROM `SINGLE FAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL". - APPLICANT: BASILIO RODRIGUEZ & ADOLFO
RODRIGUEZ ROIL.
Chairman Plummer: All right. So, now we're on nine.
Ms. Lourdes Slazyk (Assistant Director, Planning): PZ-9 and 10 are companion, land use and...
Chairman Plu*er: Nine and 10 are companion. And this is Basilio Rodriguez and Adolfo
Rodriguez-Roig..
Mr. Adolfo Rodriguez-Roig: Adolfo Rodriguez-Roig.
Chairman Plummer: I'm close enough.
Commissioner Regalado: I move it, Mr. Chairman.
Chairman Plummer: Excuse me. Is there anyone here in opposition to either Item 9 or 10? It is a
41 Tamiami Canal Road. It is moved by Regalado and seconded by Willie Gort. Read this
ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN
BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 41
TAMIAMI CANAL ROAD, MIAMI, FLORIDA, FROM
SINGLE FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
175 March 23, 1999
Passed on its first reading, by title, at the meeting of November 17, 1998, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Regalado,
seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final reading
by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11777
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.
81. APPROVE SECOND READING ORDINANCE CHANGING ZONING AS
LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS --BY AMENDING THE ZONING ATLAS — BY CHANGING THE
ZONING DESIGNATION FOR THE PROPERTY LOCATED AT
APPROXIMATELY 41 TANE ANII CANAL ROAD FROM R-1 SINGLE FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. — APPLICANT: BASILIO
RODRIGUEZ AND ADOLFO RODRIGUEZ-ROIG.
Chairman Plummer: Item 10 is of the same address. Moved by Regalado. Seconded by Gort.
Read the ordinance. Call did roll.
An Ordinance Entitled -
AN ORDINANCE, AMENDING PAGE NO. 29 OF THE
ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM R-1
SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 41 TAMIAMI CANAL ROAD, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
176 March 23., 1999
11
Passed on its first reading, by title, at the meeting of November 17, 1998, was taken .up for its
second and final reading, by title, and adoption. On motion of Commissioner Regalado,
seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final reading
by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11778
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.
82. APPROVE FIRST READING. ORDINANCE FOR CHANGE OF ZONING AS
LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF NIIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY AMENDING THE ZONING ATLAS BY CHANGING THE
ZONING DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY
6201 BISCAYNE BOULEVARD, 620 NE 63RD STREET AND 629 NE 6211D STREET -- IN
ORDER TO ADD SD-12 BUFFER OVERLAY DISTRICT. - APPLICANT: YEONG YUH
SHEN AND YU CHING SHEN.
Chairman Plummer: Item 1 I . Was that deferred or not?
Ms. Dena Bianchino (Assistant City Manager): No, sir.
Chairman Plummer: Item 11 was not. All right. 6201 Biscayne Boulevard, 620 Northeast 63rd
Street, and 629 Northeast 62 Street.
Ms. Lourdes Slazyk (Assistant Director, Planning): This is to apply...
Chairman Plummer: The applicant is Yeong Yuh Shen and Yu Ching Shen.
Commissioner Sanchez: Pretty good.
Chairman Plummer: You bet your bippy
Commissioner Teele: So moved.
Chairman Plummer: All right. It's moved for approval.
177 March 23, 1999
Commissioner Sanchez: Second.
Chairman Plummer: Hey, guys, this is my district.
Commissioner Sanchez: So move it.
Chairman Plummer: Oh, so -- OK., Read the ordinance. All right. Do I really need to ask what are
they going to be doing there?
Ms. Slazyk: It's surface parking...
Chairman Plummer: I know, but parking for what?
Mr. Maxwell: For an existing commercial operation.
Chairman Plummer: And what is the commercial operation?
Ms. Slazyk: Yeah. They — there's an existing commercial operation but they don't have to tell us
that as part of the zoning change, so I'm not sure if they're going to...
Chairman Plummer: I know they don't have to but I can ask.
Ms. Slazyk: Yeah — no, if — I'm not sure if they — they didn't tell us that -they were going to rehab it
or just, you know, add to it.
Chairman Plummer: What do you — what is going to be there, sir?.
Mr. Neville Chan: Neville Chan, 6470 Southwest 44 Street. The operation that exist. is the
marketing and sale export of eyeglass frames.
Chairman Plummer: Ah. OK. Thank you, sir.
Mr. Chan: Thank you.
Chairman Plummer: OK. Item Number 12.
Ms. Bianchino: We're up to 15.
Chairman Plummer: Next is on...
Mr. Walter Foeman (City Clerk): PZ-11, we have to take the roll call.
Chairman Plummer: Call the roll.
178 March 23, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, AMENDING PAGE NO. 14 OF THE
ZONING ATLAS OF THE CITY OF NIIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION IN ORDER_
TO ADD SD-12 BUFFER OVERLAY DISTRICT FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 6201
BISCAYNE BOULEVARD, 620 NORTHEAST 63RD STREET
AND 629 NORTHEAST 62ND STREET, MIAMI, FLORIDA,
AS MORE PARTICULARLY LEGALLY DESCRIBED ON
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
179 March 23, 1999
83. APPROVE SECOND READING ORDINANCE AMENDING ORDINANCE 10544,
AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN 1989-2000 IN ORDER TO AMEND THE TEXT OF THE GOALS,
OBJECTIVES AND POLICIES OF THOSE ELEMENTS PERTAINING TO: FUTURE
LAND USE; HOUSING, SANITARY AND STORM SEWERS, NATURAL
GROUNDWATER AQUIFER RECHARGE; POTABLE WATER; SOLID WASTE
COLLECTION; AND PARKS, .RECREATION AND OPEN SPACE; SAID
AMENDMENTS MAKING SUBSTANTIVE ADDITIONS AND DELETIONS,
TECHNICAL CHANGES, AND UPDATING OF TIME FRAMES, ALL IN
ACCORDANCE WITH THE RECOMMENDATIONS OF "THE 1995 EVALUATION
AND APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000" (EAR) ADOPTED NOVEMBER 16, 1995 ,BY
RESOLUTION NO. 95-830 AND THE REPORT ON "SUFFICIENCY ISSUES WITH
RESPONSES BY THE CITY OF MIAMI, INCLUDING REVISIONS IN RESPONSE
TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) LETTER OF
SEPTEMBER 13, 1996" ADOPTED OCTOBER 24, 1996 BY RESOLUTION NO. 96-
796. - APPLICANT: PLANNING DEPARTMENT.
Chairman Plummer: Item 15.
Ms. Dena Bianchino (Assistant City Manager): Fifteen is second reading.
Chairman Plummer: This is City of Miami. It is for...
Ms. Bianchino: It's the EAR (Evaluation and Appraisal Report)...
Chairman Plummer: ...an amendment to the EAR. Moved by Gort. Seconded by Sanchez. It is a
second reading. Read the ordinance. Call the roll.
180 March 23, 1999
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, MAKING "EAR -
BASED AMENDMENTS" TO ORDINANCE NO. 10544, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000, BY AMENDING THE TEXT OF THE GOALS,
OBJECTIVES AND POLICIES OF THOSE ELEMENTS
PERTAINING TO FUTURE LAND USE; HOUSING,
SANITARY AND STORM SEWERS, _ NATURAL
GROUNDWATER AQUIFER RECHARGE; POTABLE
WATER; SOLID WASTE COLLECTION; AND PARKS,
RECREATION AND OPEN SPACE; SAID AMENDMENTS
MAKING SUBSTANTIVE ADDITIONS AND DELETIONS,
TECHNICAL CHANGES, AND UPDATING OF TIME
FRAMES, ALL IN ACCORDANCE WITH THE
RECOMMENDATIONS OF "THE 1995 EVALUATION AND
APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000" (EAR) ADOPTED
NOVEMBER 16, 1995 BY RESOLUTION 95-830 AND THE
REPORT ON "SUFFICIENCY ISSUES WITH RESPONSES
BY THE CITY OF MIAMI, INCLUDING REVISIONS IN
RESPONSE TO FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) LETTER OF SEPTEMBER
13, 1996" ADOPTED OCTOBER 24, 1996 BY RESOLUTION
96-796; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of June 23, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11779
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.
181 March 23, 1999
84. BRIEF COMMENTS BY DENA BIANCHINO ON STATUS OF POSSIBLE SALE OF
CITY PROPERTY TO MIAMI-DADE COUNTY.
Chairman Plummer: They deferred it. Why did you defer it? Mr. Gort wants to know.
Ms. Dena Bianchino (Assistant City Manager): I'll tell you why. Because Dade County — we have
been in discussions with Dade County about purchasing this property from us and they did their
own environmental study, which was not done correctly and, as a result of that, they're not prepared
to consummate the sale . Unfortunately, these items have been continued for so long that we now
have to start over on the zoning change, which we're not going to do until the County comes
forward with their final recommendation on this property.
85. APPROVE SECOND READING ORDINANCE AMENDING ORDINANCE 10544, AS
AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
(1989-2000) BY AMENDING THE "INTERPRETATION OF THE FUTURE LAND USE
MAP" SECTION OF THE GOALS, OBJECTIVES AND POLICIES, IN ORDER TO ADD
TWO NEW LAND USE CLASSIFICATIONS ENTITLED "RESTRICTED PARKS AND
RECREATION" AND "MARINE :FACILITIES" — APPLICANT: PLANNING
DEPARTMENT. — SEE LABEL 88.
Chairman Plummer: OK. Item 16.
Ms. Lourdes Slazyk (Assistant Director, Planning): Sixteen.
Commissioner Teele: Well, let me just say this.
Chairman Plummer: Mr. Teele.
Commissioner Teele: You heard the Mayor; you've heard all of us. I mean, the last thing we need
to do is sell land to the government, unless there is a good business reason. And I would hope that
we can talk about payments in lieu of taxes and those kinds of things. I mean, you know, we've got
to look at this thing collectively and with one view. I mean, all morning we're going through the
discussion Commissioner Sanchez lead, and we're talking about statistics of 30 percent of the land
here is --
Commissioner Sanchez: Off the tax revenues.
Commissioner Teele: ...off tax rolls and all, and it has to connect. I mean, we just can't worry
about that when we've got the bean counters and, then, when we've got the land — the palm trees,
people were not concerned about it. So, I'm not opposed to the sell at all but I just hope that you're
hearing what we're saying in the Commission meetings, as well as in the zoning meetings. And I
can see no reason why we would be interested in keeping land off the tax rolls. So, just for what it's
worth.
Chairman Plummer: All right.
Commissioner Sanchez: I agree with it.
Chairman Plummer: Item 16.
182 March 23, 1999
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Read the ordinance. Call did roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE 10544, AS
AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE
"INTERPRETATION OF THE FUTURE LAND USE MAP"
SECTION OF THE GOALS, OBJECTIVES AND POLICIES,
IN ORDER TO ADD TWO NEW LAND USE
CLASSIFICATIONS ENTITLED "RESTRICTED PARKS
AND RECREATION" AND "MARINE FACILITIES";
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of June 23, 1998, was taken up_ for its second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11780
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.
183 March 23, 1999
86. APPROVE FIRST READING ORDINANCE AMENDING ARTICLE 6, SECTION
608.10 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAM IN ORDER TO ELMUNATE PARKING REQUIREMENTS FOR
RESIDENTIAL PROJECTS WITHIN THE SD-8 DISTRICT WHICH ARE ADAPTIVE
RE -USES . OF EXISTING STRUCTURES AND SUBJECT TO A CLASS H SPECIAL
PERMIT — APPLICANT: PLANNING DEPARTMENT.
Chairman Plummer: Item 17 is to amendment Article VI of the zoning ordinance.
Ms. Lourdes Slazyk (Assistant Director, Planning): This is an amendment for the design district.
What we're -- what's happening there is, there are a lot of adaptive reuses of existing buildings being
proposed for residential and there is no way to throw parking into the mix if these are old, you
know, warehouse type structures. What they're doing is residential loss. This would allow adaptive
reuses of existingstructures by Class 2 to come in and be able to waive their parking. What we're
working...
Commissioner Gort: Move it.
Chairman Plummer: Moved by Teele. Seconded by Gort. It's not your district.
Chairman Plummer: Moved by Teele. Seconded by Gort. This is the first reading. Read the
ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 6, SECTION 608, SD-8 DESIGN.
PLAZA COMMERCIAL -RESIDENTIAL DISTRICT, IN
ORDER TO ELIMINATE PARKING REQUIREMENTS FOR
RESIDENTIAL PROJECTS WITHIN THE SD-8 DISTRICT
WHICH ARE ADAPTIVE REUSES OF EXISTING
STRUCTURES AND SUBJECT TO A CLASS 1I SPECIAL
PERMIT; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
184
March 23, 1999
was introduced by Commissioner Teele, seconded by Vice Chairman Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
87. APPROVE SECOND READING ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 10544, AS AMENDED, TBE'CITY OF MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 'BY AMENDING THE "INTERPRETATION OF FUTURE
LAND USE MAP" IN ORDER TO ADD RESIDENTIAL USES, CONDITIONALLY,
TO THE "GENERAL COMMERCIAL" LAND USE DESIGNATION. - APPLICANT:
PLANNING DEPARTMENT.
Chairman Plummer: Item 18, the last item on the agenda, and, then, we'll go to pocket items.
Ms. Lourdes Slazyk (Assistant Director, Planning): Item 18 is a second reading ordinance. It's an
amendment to the comp plan in order to allow residential uses in C-2 by special exception, only
upon finding that it's in an area where there's a residential character already established.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort.' Seconded by Sanchez. Call the roll. Call the -- did you call
the roll?
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000, BY AMENDING THE "INTERPRETATION OF
FUTURE LAND USE MAP" SECTION TO INCLUDE
RESIDENTIAL USES, CONDITIONALLY, TO THE
"GENERAL COMMERCIAL" LAND USE DESIGNATION;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
185 March 23, 1999
Passed on its first reading, by title, at the meeting of May 22, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11781
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.
88. (A) RECONSIDER VOTE ON ORDINANCE 11780.
(B) AMEND / APPROVE PZ16 (ORDINANCE AMENDING COMPREHENSIVE
NEIGHBORHOOD PLAN BY ADDING TWO NEW LAND USE CLASSIFICATIONS:
RESTRICTED PARKS AND RECREATION AND MARINE FACILITIES — SEE LABEL
85.
Chairman Plummer: To the...
Ms. Lourdes Slazyk (Assistant Director, Planning): I have...
Chairman Plummer: What?
Ms. Slazyk: On PZ-16,1 just noticed right now -- and I apologize. The -- it appears that the wrong
legislation is in the backup. We — when we sent this up to DCA (Department of Community
Affairs), they sent us a report.
Chairman Plummer: What do we need to do to correct it?
Ms. Slazyk: All right. What I had given the Law Department the correct legislation and it looks
like it didn't make it to the package. There are two amendment...
Chairman Plummer: What do we do to correct it?
Ms. Slazyk: Let me find the two amendments and we'll make them on the record.
Chairman Plummer: Is my City Manager around? Would you ask him to come in, please?
186 March 23, 1999
Ms. Slazyk: OK.' The first is that the marine facilities category, that we add an intensity standard
for hotels, which would be equal to 130 hotel rooms per acre, which is the medium density
standard. And a low intensity standard also needs to be added to the restricted Parks and Recreation
and that's it.
Vice Chairman Gort: Move it.
Ms. Slazyk: Which is consistent with what...
Chairman Plummer: All right.
Mr. Joel Maxwell (Assistant City Attorney): This is on first reading.
Chairman Plummer: What do we need to do, Mr. City Attorney? Revote on the issue?
Mr. Maxwell: Yes. Move to reconsider and...
Chairman Plummer: All right. There's a motion to reconsider by Gort. Seconded by Sanchez. All
in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-233
A MOTION TO RECONSIDER PRIOR VOTE ON AGENDA ITEM
PZ-16 (ORDINANCE NO. 11780) WHICH AMENDED THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY ADDING
TWONEW LAND USE CLASSIFICATION_ S ENTITLED
"RESTRICTED PARKS AND RECREATION" AND "MARINE
FACILITIES."
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice -Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: All right. Now, that the reconsideration is to amend Item 16 as outlined by the
department. Motion by Gort. Seconded -by Sanchez. Do Kneed — is that a resolution or a part of
the ordinance?
187 March 23, 1999
Mr. Maxwell: It's part of the ordinance.
Chairman Plummer: All right.
Mr. Maxwell: It doesn't change...
Ms. Slazyk: It does not change the title.
Mr. Maxwell: ...does change the title.
Chairman Plummer: Do you have to read it.
Mr. Maxwell: Yes I will.
Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000 BY AMENDING THE "INTERPRETATION OF THE
FUTURE LAND USE MAP" SECTION OF THE GOALS,
OBJECTIVES AND POLICIES, IN ORDER TO ADD TWO
NEW LAND USE CLASSIFICATIONS ENTITLED
"RESTRICTED PARKS AND RECREATION" AND
"MARINE FACILITIES"; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of June 23, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11782
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.
188 March 23, 1999
Chairman Plummer: Is my Manager around?
Mr. Maxwell: Mr. Chairman?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Hold on. Mr. Teele is first.
89. RECONSIDER PRIOR VOTE ON AGENDA ITEM 46 APPOINTING NORA SWAN
TO COMMISSION ON STATUS OF WOMEN, — APPOINT MARLENE BASTILLA. —
SEE LABEL 46.
Commissioner Teele: On Item Number 46, which is an appointment on the Status of Women.
Chairman Plummer: Yes, sir.
Commissioner Teele: I would like to move to reconsider my appointment on that.
Chairman Plummer: So be it. What is your reconsideration?
Commissioner Teele: Yes. I would like to appoint Marlene Bastilla.
Chairman Plummer: All right.
Commissioner Teele: And I erroneously appointed someone that was already there.
Chairman Plummer: All right. All in favor of the name proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-234
A MOTION TO RECONSIDER PRIOR VOTE ON AGENDA ITEM 46
(MOTION-99-212) WHICH HAD APPOINTED NORA SWAN AS A
MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN.
189 March 23, 1999
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-234.1
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
)0. CONTINUE DISCUSSION ON APPOINTMENT AND REAPPOINTMENT OF
MEMBERS TO PLANNING ADVISORY BOARD — SEE LABEL 53.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I have two appointments for the Planning Advisory Board.
Chairman Plummer: Those name are?
Commissioner Regalado: Ofelia Tabares-Fernandez and Raymond Mc Elroy.
190 March 23, 1999
Chairman Plummer: All right. All in favor of the names proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
The following resolution was introduced by Commissioner Regalado, who moved its.adoption:
RESOLUTION NO. 99-235
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS
AND AS AN ALTERNATE MEMBER OF THE PLANNING
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
91. APPOINTMENTS TO COMMUNITY RELATIONS BOARD - SEE LABELS 51
AND 95.
Commissioner Regalado: I've got a question, Mr. Chairman.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: On Community Relations Board, we did not appoint anybody?
Chairman Plummer: Yes, sir. Well, there were some appointments made. I had appointed Pat
Tornello as my one, and I have one open.
Commissioner Regalado: OK. Can I appoint my two?
Chairman Plummer: You can appoint whoever you wish, sir.
Commissioner Regalado: But how about the Steering Committee? I understand that there was
some...
191 March 23, 1999
Chairman Plummer: That was indicated to us, that the Steering Committee should be a member of
your staff.
Commissioner Teele: Our personal staff?
Chairman Plummer: Yes.
Commissioner Teele: That's what you all said?
Commissioner Regalado: I don't know. That's what I thought...
Chairman Plummer: The Steering, I don't know.
Commissioner Regalado: That's what I thought that it should be a member of the staff.
Vice Chairman Gort: What are they going to steer?
Chairman Plummer: They're going to steer the boat.
Commissioner Teele: Not the City staff, but the Commission staff.
Chairman Plummer: All right. Would you make your appointment, sir?
Commissioner Regalado: The Commission staff. Yes, yes.
Vice Chairman Gort: Wait a minute.
Chairman Plummer: Who are your appointments?
Commissioner Regalado: Oh, OK. My appointments to the Community Relations Board, Jacinto
Acebal and Ada Rojas. And to the Steering Committee, I don't know if we are 'making
appointments.
Chairman Plummer: We did.
Commissioner Regalado: We did.
Commissioner Sanchez: You're going to appoint staff, right?
Commissioner Regalado: Yeah, Tony Crapp.
Commissioner Sanchez: OK. I have is two.
Chairman Plummer: Mr. Sanchez, your appointments to the...
Commissioner Sanchez: My Steering Committee's going to be Eileen Taulbee and a member will
be Chuck McEwan, who will no longer be in the Code Enforcement Board.
Chairman Plummer: All in favor of the names proffered, say "aye."
192 March 23, 1999
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? -
Mr. Walter Foeman (City Clerk): Chairman Plummer? Excuse me.
Chairman Plummer: Mr...
Mr. Foeman: Excuse me. Chairman Plummer, you had indicated you wanted to appoint somebody
from your staff also to the Steering Committee.
Chairman Plummer: I did: Martha Martines-Aleman.
Mr. Foeman: Yeah, we didn't take a roll call on that in the morning because we had deferred it for...
Chairman Plummer: All right. So, I'll include it now and it's in the same.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-236
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO _
THE COMMUNITY RELATIONS. BOARD:
JACINTO ACEBAL AND ADA ROJAS (nominated by Commissioner
Regalado)
CHUCK MCEWAN (nominated by Commission Sanchez);
FURTHER APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE COMMUNITY RELATIONS BOARD
STEERING COMMITTEE:
TONY CRAPP, JR. (nominated by Commissioner Regalado)
EILEEN TAULBEE (nominated by Commissioner Sanchez)
MARTA MARTINEZ-ALEMAN (nominated_ by Chairman Plummer).
(Note for the Record: the essence of this motion is incorporated as part
of R-99-239).
Upon being seconded by Commissioner Sanchez, the motion was passed 'and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
193 March 23, 1999
92. DISCUSS STATUS OF BUILDING AT 224 NW 12 STREET —DIRECT CITY
MANAGER TO HAVE STAFF ADVISE COMMISSIONER TEELE ON OVERLAYS
IN EFFECT IN LITTLE HAITI AND OVERTOWN.
Chairman Plummer:. Mr. Teele, you have any pockets?
Commissioner Teele: Mr. Chairman, thank you very much. The only pocket item that I would like
to ask is that the City Attorney give us an update, in writing, subsequent to this meeting, regarding
the status of the building. There -- that, you know, we've been waiting now for over a year, 224,
and that the management coordinate and give us a memo as to when that building will be
demolished, et cetera. And I would ask that the Planning and Zoning staff arrange a briefing for me
w regarding the overlays that are in effect in both Little Haiti and in Overton; please.
Chairman Plummer: Mr. Sanchez.
Commissioner Teele: And any recommendations for overlays.
Chairman.Plummer: Pocket items, Mr. Sanchez?
Commissioner Sanchez: None.
Chairman Plummer: Mr. Gort?
Vice Chairman Gort: None.
Chairman Plummer: Mr. Manager, I've asked you to come back.
Mr...
93. APPOINT MARCELINO FEAL TO HEALTH FACILITIES BOARD.
Commissioner Regalado: I have another appointment.
Chairman Plummer: I was scared of that. Go ahead.
Commissioner Regalado: OK. Health Facilities Authority, Dr. Marcelino Feal.
Chairman Plummer: All right. All in favor of the name proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
194 March 23, 1999
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-237
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE. HEALTH
FACILITIES AUTHORITY FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado*
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
04. APPOINT LISSETTE RODRIGUEZ . TO CITYWIDE COMMUNITI
)EVELOPMENT ADVISORY BOARD.
Commissioner Regalado: Community Development Advisory Board.
Chairman Plummer: Yes.
Commissioner Regalado:. Lissette Rodriguez.
Chairman Plummer: All right. All in favor of the names proffered, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-238
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL TO FILL THE COCONUT GROVE
TARGET AREA REPRESENTATIVE SEAT VACANCY ON THE
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD
FOR A TERM AS DESIGNATED HEREIN.
195 March 23, 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.
Commissioner Regalado: I know that you want to leave, so I'll defer my other 20 appointments.
Chairman Plummer: It's not — I don't want to leave.
Commissioner Regalado: No, I'm fine. I'm finished
Chairman Plummer: Mr. Manager, Mr. Gort has indicated...
95. APPOINT INDIVIDUALS TO COMMUNITY RELATIONS BOARD — APPOINT
ADORA OBI-NWESE AT -LARGE -- SEE LABELS 51 AND 91.
Commissioner Teele: Mr. Chairman, before you go to that, let me just say that...
Chairman Plummer: I'm not going anywhere. We've got work to do.
Commissioner Teele: Before you go to that, let me just say to Commissioner Regalado that I'm
really concerned that the people who worked to pull together the Community Relations Board and
the discussions -- the committee meetings that you chaired, and I would appreciate, Mr. Attorney, if
you would send me a memo, Commissioner Regalado, you know, and CC (carbon copy) the world,
that would make any recommendations because I do know that the head of the NAACP (National
Association for the Advancement of Colored People) was very instrumental. I don't know if there
was...
Commissioner Regalado: Adora.
Commissioner Teele: ...a commitment by anyone to appoint her or...
Commissioner Regalado: There was a commitment -- what she wanted to be — she wanted to be a
member of the Steering Committee. This is why there was a position of Commission At -Large and
I was going to recommend...
Commissioner Teele: Well, I would like to recommend that she be appointed to the Steering
Committee as a Committee...
196 - March 23, 1999
Commissioner Regalado: Absolutely.
Commissioner Teele: As a member at large.
Mr. Joel Maxwell (Assistant City Attorney): Who's she?
Commissioner Regalado: I...
Commissioner Teele: Adora.
Commissioner Regalado: Adora Obi-Nwese.
Vice Chairman Gort: Moved.
Commissioner Teele: So moved.
Vice Chairman Gort: Second.
Commissioner Regalado: Second.
Chairman Plummer: All in favor of the names proffered, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-239
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
COMMUNITY RELATIONS 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 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.
197 March 23, 1999
It
96. (A) RESCHEDULE COMMISSION MEETINGS IN APRIL TO BE HELD ON APRIL
27, 1999.
(B) BRIEF DISCUSSION RELATED TO: SOLID WASTE WORKSHOP SCHEDULED
FOR MARCH 30, 1999.
(C) COMMENTS ON NEED TO DRAFT REQUEST FOR PROPOSAL FOR DINNER
KEY.
Chairman Plummer: All right. Mr. Manager, Mr. Gort has, requested to know about -- because
some of them are going to Tallahassee on that day. What is the possibility, as we did today, having
both meetings on the 23rd of April? Do you know what the agendas hold or the zoning agendas
hold?
Mr. Donald Warshaw (City Manager): It's a little bit too early. I don't know yet. But we'll make it
work if that's what you want.
Chairman Plummer: All right. Is it agreeable, then, Mr. Teele?
Commissioner Teele: Sir?
Chairman Plummer: Mr. Teele, Mr. Regalado, could we combine two meetings in April to one on
the 27th? Anybody got an objection to that?
Commissioner Regalado: That's the 13th.
Mr. Warshaw: You said the 23rd.
Chairman Plummer: Thirteenth is dead. It's going to die.
Commissioner Regalado: Huh?
Chairman Plummer: It's going to die.
Vice Chairman Gort: Tuesday, the 13th, is a bad day.
Commissioner Regalado: Yeah, I know. But you have to notify all those people.
Chairman Plummer: We told them that we were going to have to change the date.
Commissioner Regalado: OK. No, I don't have any problem.
Chairman Plummer: So, what we're going to do is, we're going to have, if no one objects, both
meetings, morning and afternoon, as we did today, for both meetings of April. Is that agreeable?
Commissioner Regalado: Yes, I have no problem. Mr. Chairman, do we...
Commissioner Teele: Two separate meetings on the same day.
Chairman Plummer: That's correct.
198 March 23, 1999
Commissioner Regalado: Do we have a Special Commission meeting on next Tuesday, is it?
Chairman Plummer: Sir, if there's a Special Commission...
Mr. Warshaw: It's a workshop. .
Chairman Plummer: ...I'm not aware.
Mr. Warshaw: It's a workshop on.March the 30th on the Solid Waste haulers.
Commissioner Regalado: Yeah, but it requires Commission attendance or...
Chairman Plummer: No, workshops not required.
Commissioner Regalado: So...
Chairman Plummer: All right. Mr. Manager...
Commissioner Regalado: So, there's no action that is going to be taken there?
Mr. Joel Maxwell (Assistant City Attorney): No action. Not at a workshop.
Chairman Plummer: No.
Mr. Warshaw: That's correct.
Commissioner Regalado: When is the action, Mr. Manager, going to be taken on the...
Mr. Warshaw: Well, it was scheduled for the 13th...
Chairman Plummer: Now, it's the 27th.
Mr. Warshaw: If you pushed the date to the 27th, it will be on the 27th.
Chairman Plummer: All right. Mr. Manager? Hello.
Mr. Warshaw: OK. Wait a minute.
Chairman Plummer: Mr. Manager?
Mr. Warshaw: The 27th, you're right. He did say the 23rd but it's the 27th.
Chairman Plummer: Hello? Mr. Manager?
Mr. Warshaw: Yes, sir.
Chairman Plummer: Someone has informed me that you are considering to go out and hire
somebody to do an RFP (request for proposal) on Dinner Key. Sir, I would like to tell you that, in
my opinion, that you ought to go out and ask for an RFQ (request for qualification). Let the people
who wish to make proposals, that we may or may not accept, at their expense, not the City's, to
199 March 23, 1999
t.
make proposal to this City. I think that what we need to do is to set parameters of how much land
will be available; what the City would be looking for, but not to go out and hire a consultant to do
an RFP.
Ms. Dena Bianchino (Assistant City Manager): May I respond to that?
Chairman Plummer: You surely can.
Ms. Bianchino: We're not planning on hiring a consultant to do an RFP. Two answers. First of all,
legally, we cannot do an RFQ (Request for Qualification) under the UDP (Urban Development
Project) process. It's illegal. We have to do an RFP, so that's that. In terms of the consultant that
we we're going to talk to you about hiring, it is not an RFP consultant. It would be an
internationally known design consultant to assist us in the rezoning of the property and to come up
with the best quality development that we can for this City.
Chairman Plummer: How soon?
Ms. Bianchino: We will...
Chairman Plummer: We've been talking about it for months.
Ms. Bianchino: We will be back to you at the next Commission meeting with a recommendation.. -
Chairman Plummer: With the RFP?
Ms. Bianchino: No, sir.
Chairman Plummer: Why not?
Ms. Bianchino: Because we haven't changed the zoning yet.
Chairman Plummer: OK. Then...
Commissioner Regalado: We haven't changed the zoning? I think we did.
Ms. Bianchino: No, sir.
Chairman Plummer: Not on Dinner Key.
Commissioner Teele: Well, have you talked to the Waterfront Advisory Board and all of that? I
mean, you know, I'm raising it hypothetically. I mean, you don't have to -- but, again, I think it's
very, very important and...
Chairman Plummer: Who's playing games?
Commissioner Teele: And not at all to discount the presence of Commissioner Plummer, but I do
think that it's important that you have some consultation with the community that lives in the area
before you — you know, just...
Mr. Warshaw: We will.
200 March 23, 1909
4
Chairman Plummer: All right. I just think...
Ms. Bianchino: Commissioner...
Chairman Plummer: ...that we need to move ahead, OK? I think that we've been talking too long
and we've not been doing anything on it. Are there any other matters to...
Commissioner Regalado: Yes, yes.
Chairman Plummer: What? Hold on. Mr. Regalado's got more appointments, I can tell you.
Mr. Warshaw: So 4-27 is a definite?
Chairman Plummer: The 27`h is definite. Mr. Clerk, here is a resignation letter of Mr. Ratiner.
Mr. Warshaw: For the record, we need to notify the people we told to come back. I believe, Bill
Talbert.
Chairman Plummer: That's the hotel people. And you might put it on Channel 9. I don't think
that's any problem.
Mr. Alejandro Vilarello (City Attorney): And you need a motion.
Chairman Plummer: I'm sorry?
Mr. Vilarello: You need a motion to move the meeting of the 13th to the 27th.
Commissioner Teele: So moved.
Chairman Plummer: Motion made by Teele. Seconded by Sanchez.
Commissioner Sanchez: I may not be here on the 27th.
Chairman Plummer: That's even better. That two separate meetings be held on the same day in
compliance with the Charter. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
201 March 23, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-240
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF APRIL, 1999, TO TAKE PLACE ON APRIL 27, 1999
AT 10:00 A.M.; FURTHER RESCHEDULING THE SECOND
REGULAR CITY COMMISSION MEETING . OF APRIL TO
COMMENCE AT 2:00 P.M. ON APRIL 27, 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.
97. BRIEF DISCUSSION REGARDING BID PROPOSALS FOR MANUEL ARTIME
CENTER — DIRECT CITY MANAGER TO INFORM COMMISSION PRIOR TO
TAKING FURTHER ACTION.
Commissioner Regalado: One last...
Chairman Plummer: Oh, here it comes.
Commissioner Regalado: ...thing.
Chairman Plummer: Yes.
Commissioner Regalado: Mr.. Manager?
Mr. Donald Warshaw (City Manager): Yes, sir.
Commissioner Regalado: I know that there were no bidders for the Manuel Artime Theater or there
were but we didn't sell it.
Ms. Dena Bianchino (Assistant City Manager): We had — unfortunately, we did have three bidders
but they all showed up late.
202 March 23, 1999
Commissioner Regalado: OK. My — see, the Artime — see, I've got — since people know me from
the radio, know that people even visited the radio station and the TV station and I'm sure that all the
members of the Commission have gotten messages that saying that we, are going to demolish the
theater; that we're going do this, that we're going to do that. Mr. Manager, I would request that,
before you do anything else, you bring it to this Commission so the Commission can discuss or
maybe...
Chairman Plummer: Sounds like "chismosas central".
Commissioner Sanchez: Is it up for sale?
Mr. Warshaw: We wouldn't do anything without bringing it back to you.
Ms. Bianchino: We wouldn't let -- we'll bring it back to you for your correct.
Chairman Plummer: Of course, you've got to.
98. CONTINUE DISCUSSION ON PROPOSED PARKING SURCHARGE — DIRECT
CITY MANAGER TO DISTRIBUTE MEMORANDUM FROM CLARK COOK ON
NATIONAL FIGURES PERTAINING TO LEVYING OF PARKING SURCHARGES. -
SEE LABEL 63.
Chairman Plummer: Mr. Manager, I'm going to give you this, which came to my hands through Mr.
Clark Cook. I would ask you to make a memo and distribute it to the rest of the Commissioners.
Commissioners, it might interest you to know that on the parking surcharge across the United
States, it goes anywhere in major cities from eight percent in Cleveland, to 31 percent in Pittsburgh,
and anywhere in between in Manhattan, Newark, New Jersey, San Francisco, Chicago, all of these
are, in fact, percentages that, in fact...
Commissioner Sanchez: What are you talking about?
Chairman Plummer: None of your business.
Comm issioner'Sanchez: Yeah, it is my business.
Mr. Donald Warshaw (City Manager): Parking surcharge rates in other cities throughout the
country.
Chairman Plummer: I asked the Manager to, please, make a copy of that in a memo and send it to
all of you. Are there any other -- do you do windows? I'll marry you.
203 March 23, 1999
99. DIRECT CITY ATTORNEY TO TAKE ACTION TO PROTECT CITY /
OBTAIN RELIEF TO REMEDY LOSS TO CITY RESULTING FROM PAINTING
OF ORANGE BOWL AS PART OF ORANGE BOWL MODERNIZATION -PHASE
H PROJECT B-3231E.
Chairman Plummer: Any other matters to come before this Commission?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Vice Chairman Gort: Move to adjourn
Chairman Plummer: Move to adjourn. No. Mr. City Attorney.
Mr. Vilarello: No. In connection with the items discussed this morning with regard to the Orange
Bowl, I have a resolution authorizing...
Chairman Plummer: Read it.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-241
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS
NECESSARY OR PERMITTED, TO PROTECT, PRESERVE AND
DEFEND THE INTERESTS OF THE CITY OF MIAMI, INCLUDING
BUT NOT LIMITED TO ANY INVESTIGATION, NOTICE OR
OTHER ACTION AUTHORIZED BY LAW OR IN EQUITY, TO
OBTAIN RELIEF AND/OR TO REMEDY ANY LOSS OR
DAMAGES TO THE CITY OF MIAMI CAUSED IN ANY WAY BY
ANY PARTY WHICH MAY HAVE BEEN SUSTAINED PURSUANT
TO THE PAINTING OF THE ORANGE BOWL, RENDERED AS A
PART OF THE ORANGE BOWL MODERNIZATION - PHASE II
PROJECT B-3231E.
204 March 23, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
100. INSTRUCT CITY ATTORNEY TO MEET WITH EACH COMUMSSIONER TO
DISCUSS LAW DEPARTMENT OPERATIONAL PLAN.
Vice Chairman Gort: Move to adjourn.
Chairman Plummer: Move to adjourn. Wait a minute.
Mr. Alejandro Vilarello (City Attorney): One more item.
Chairman Plummer: Wait a minute. Hold on.
Mr. Vilarello: No action is necessary but I just distributed a copy of the operational plan from the
Law Department. I'm going to set up individual meetings with each of you, to explain exactly what
that means, and to indicate to you tAt we took into consideration all of the issues that the
Commissions' committee.that was chaired by Commissioner Gort and to the review of the Law
Department had been taken into account, as well as the State Oversight Board Committee, and I will
discuss that, individually, with you at meetings that I'm setting up right now.
Chairman Plummer: This Commission is adjourned.
205 March 23, 1999
o
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:42 P.M.
JOE CAROLLO COMMISSIONER J.L. PLUMMER, JR.
MAYOR PRESIDING OFFICER, CHAIRMAN
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
206 March 23, 1999