HomeMy WebLinkAboutCC 1999-04-27 MinutesITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON APRIL 27, 1999 (Regular Commission Meeting)
PREPARED BY TIE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/C4 Clerk
INDEX
MINUTES OF REGULAR COMMISSION MEETING .
April 27, 1999
ITEM NO. SUBJECT
LEGISLATION
1. COMMEND TYLER BRIDGES, MIAMI HERALD 4/27/99
REPORTER, FOR PULITZER PRICE DISCUSSION
2-3
2. CHAIRMAN
CONFERENCE
CLEARING.
3.
4.
5.
6I
PLUMMER ANNOUNCED PRESS 4/27/99
SCHEDULED FOR NOON RE LOT 'DISCUSSION
3-4
REVEREND WHITE ANNOUNCED GROUNDBREAKING 4/27/99
FOR SINGLE FAMILY HOMES IN OVERTOWN. DISCUSSION
4
CHAIRMAN PLUMMER DIRECTED TO REMOVE 4/27/99
ILLEGAL SIGNS POSTED CITYWIDE AND TO FINE DISCUSSION
PERPETRATORS. 5
COMMENDATION TO INDIVIDUALS WHO CLEANED 4/27/99
AND BEAUTIFIED WYNWOOD AREA DISCUSSION
5-6
CONSENT AGENDA.
4/27/99
DISCUSSION
6-10
6.1 ACCEPT BID OF MIAMI ELEVATOR FOR ELEVATOR 4/27/99
MAINTENANCE SERVICE AT MIAMI RIVERSIDE R 99-242
CENTER ($9,769), WITH OPTION TO EXTEND TERM 10
FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS --
ACCOUNT CODE NO.504000.421901.6.340.
6.2 ACCEPT BID OF SUNTORY WATER GROUP DB/A 4/27/99
CRYSTAL SPRINGS WATER COMPANY, FOR THE R 99-243
PROCUREMENT OF WATER SERVICES FOR VARIOUS 11
C CITY DEPARTMENTS, ($30,170);
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6.3 ACCEPT THE BID'OF D. E. GIDI & ASSOCIATES CORP.. 427194
FOR "RIVERSIDE PARK RESTROOM RENOVATION. B- R 99-244
6308"; ($18,900); ALLOCATE FUNDS FROM PROJECT 1
NO. 331395.
6.4 ACCEPTING THE BID OF SAFECO A/C, INC. FOR 4/27/99
PROCUREMENT AND INSTALLATION OF TWO R 99-245
HEATING, VENTILATION AND AIR CONDITIONING 11
UNITS AT CITY HALL, ($34,661); ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENT PROGRAM, "A/C AND
H.V.A.C. SYSTEMS REPLACEMENT," PROJECT NO.
311704.
6.5 ACCEPT BID OF FORT LAUDERDALE HARLEY 4/27/99
DAVIDSON FOR LEASE OF CERTIFIED TRAFFIC LAW R 99-241
ENFORCEMENT MOTORCYCLES ($95,220) 17
6.6
ACCEPT BID OF MEF CONSTRUCTION, INC., FOR
4/27/99
PROJECT ENTITLED "LITTLE HAVANA STORM SEWER
R 99-247
IMPACT FEE PROJECT B-5626" (SECOND BIDDING);
12
($44,765); ALLOCATE. FUNDS FROM PROJECT
NO.352293.
6.7
ACCEPT BID OF GROVE NURSERY FOR PROVISION
4/27/99
AND INSTALLATION OF PALMS AND CORAL ROCK
R 99-248
BOULDERS AS VEHICULAR BARRIERS AT HARLEY
12
PARK, ($12,750), FOR THE DEPARTMENT OF PARKS
AND RECREATION; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 331403.
6.8
ACCEPTING THE BIDS OF ANTHONY ABRAHAM
4/27/99
CHEVROLET AND GUS MACHADO FORD, FOR POLICE
R 99-249
SPECIALIZED UNIT VEHICLES, ($448,639.67);
13
ALLOCATE FUNDS FROM POLICE DEPARTMENT,
ACCOUNT CODE NO. 142023.290499.6.840.
6.9
ACCEPT BIDS OF ALFA RADIATOR CORPORATION
4/27/99
SERVICES AND UNITED DIESEL RADIATOR FOR
R 99-250
AUTOMOTIVE RADIATOR REPAIR SERVICES AND
13
RADIATOR RECORES, ON AN AS -NEEDED CONTRACT
BASIS FOR ONE YEAR; ALLOCATE FUNDS FROM
ACCOUNT CODE NO.509000.420901.6.670, ($27,000).
6.10
ACCEPT BIDS OF INTERBORO PACKAGING
4/27/99
CORPORATION, GLINTON SALES, INC., AND DISTRICT
R 99-251
HEALTHCARE & JANITORIAL SUPPLY, INC., FOR CITY-
14
WIDE PROCUREMENT OF GARBAGE/TRASH BAGS, ON
AN AS -NEEDED CONTRACT BASIS FOR ONE YEAR,
($30,000).
`/
6.11
ACCEPT BIDS OF I'VE BEEN FRAMED, AND ART &:
4.'27/99
FRAME MART FOR FRAMING PROTOCOL
R 99-252
DOCUMENTS, PICTURES AND CERTIFICATES
14
CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS FOR
TWO YEARS, ($10,000).
6.12
ACCEPT BIDS OF ALINA SPORTSWEAR, INC.,
4%27 199
PENTAGON HEALTH CARE SERVICES, EMBROIDER IT.
R 99-253
INC., ZIPP SPORTING GOODS, CREATIVE HANDS, INC.,
14
AND MIAMI TO GO, INC., FOR CITYWIDE
PROCUREMENT OF T-SHIRTS AND GOLF SHIRTS, ON
AN AS -NEEDED CONTRACT BASIS FOR ONE YEAR,
($85,000).
6.13
APPROVE PAVING OF TWO BASKETBALL COURTS AT
4/27/99
JOSE MARTI PARK BY AGILE COURTS
R 99-254
CONSTRUCTION COMPANY, INC., UTILIZING MIAMI-
15
DADE COUNTY CONTRACT NO. 1153-0101-CW, FOR
THE DEPARTMENT OF PARKS AND RECREATION
($22,797.60); ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROGRAM "JOSE MARTI PARK
DEVELOPMENT," PROJECT NO. 331385.
6.14
AUTHORIZE INCREASE IN FUNDING FOR THE
4/27/99
ALTERNATIVE PROGRAMS, INC., ($80,000); ALLOCATE
M 99-255
FUNDS FROM LAW ENFORCEMENT TRUST FUND,
PROJECT NOS. 690001, 690002 AND 690003.
6.15
AUTHORIZE FUNDING OF KIDS OUT OF TROUBLE,
4/27/99
AND ALLOCATE FUNDS ($14,000), FROM LAW
R99-256
ENFORCEMENT TRUST FUND, PROJECT NUMBERS
15
690001, 690002, AND 690003.
6.16
AUTHORIZE CITY MANAGER TO EXECUTE A
4/27/99
PROFESSIONAL SERVICES AGREEMENT WITH AON
R 99-257
CONSULTING, INC., FOR CONSULTING SERVICES FOR
16
THE PROCUREMENT OF GROUP HEALTH INSURANCE,
($25,000); ALLOCATE FUNDS FROM DEPARTMENT OF
RISK MANAGEMENT ACCOUNT CODE NO.
514001.623301.6.270.
6.17
AUTHORIZE CITY MANAGER TO ACCEPT
4/27/99
LEGISLATIVE LINE ITEM GRANT ($300,000) FROM
R 99-258
STATE OF FLORIDA DEPARTMENT OF
16
ENVIRONMENTAL PROTECTION, FOR THE MIAMI
RIVERWALK - RIVER CLEAN-UP AND SHORELINE
RESTORATION PROJECT.
6.18
ACCEPTING PLAT: J. C. SUBDIVISION.
4/27/99
R 99-259
16
6.19 ACCEPT PLAT ENTITLED WAL-GATE.
7. APPOINT JAMES COURBIER AS MEMBER OF MIAMI
SPORTS AND EXHIBITION AUTHORITY.
8. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
OF SOLE SOURCE; WAIVE REQUIREMENTS FOR
FORMAL COMPETITIVE SEALED BIDS AND APPROVE
PURCHASE OF "TEN U.S. FILTER/STRANCO POOL
WATER TREATMENT SYSTEMS" FROM COMMERCIAL
ENERGY SPECIALISTS, INC., THE SOLE SOURCE
PROVIDER, FOR THE DEPARTMENT OF PARKS AND
RECREATION, ($48,536); ALLOCATING FUNDS
THEREFOR FROM THE SAFE NEIGHBORHOOD PARK
BOND PROGRAM, CAPITAL IMPROVEMENT PROJECT
NOS. 331070, 333113, 331341, 331391, 331385, 331313,
331360, 331316 AND 333107. -
9. AUTHORIZE AND ALLOCATE FUNDS, ($500,000), TO
THE MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION, PROJECT SPONSOR FOR THE
ACQUISITION AND REHABILITATION OF AN
EIGHTEEN (18) UNIT HOUSING PROJECT KNOWN AS
THE FERNWOOD .APARTMENTS PROJECT, LOCATED
AT 935 PENNSYLVANIA AVENUE, MIAMI BEACH,
FLORIDA, TO PROVIDE PERMANENT AFFORDABLE
HOUSING OPPORTUNITIES FOR LOW INCOME,
PERSONS LIVING WITH HIV/AIDS IN MIAMI-DADE
COUNTY; ALLOCATING FUNDS THEREFOR FROM THE
FY 1998-99 HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS' (HOPWA) PROGRAM GRANT, ACCOUNT
NUMBER 194006.590606.6860.94654.
101 CITY MANAGER TO REALLOCATE $3,274,764 IN FY
1998-99 HOUSING OPPORTUNITIES FOR . PERSONS
WITH AIDS (HOPWA) PROGRAM FUNDS -- MANAGER
TO SUBMIT AMENDMENT TO THE CITY'S ANNUAL
ACTION PLAN FOR APPROVAL BY THE U.S.
DEPARTMENT . OF HOUSING AND URBAN
DEVELOPMENT FOR SAID REALLOCATION.
4,'2 7 '99
R 99-260
17
4,'2 7!99
R 99-261
17
4,'27'99
R 99-262
18-19
4/27/99
R 99-263
20-23
4/27/99
R 99-264
24-26
11.
AUTHORIZE ALLOCATION OF FUNDS. ($425.000). TO
4,27'99
BAME DEVELOPMENT CORPORATION OF SOUTH
R 99-265
FLORIDA, INC., SPONSOR FOR BETHEL ARMS
26 28
APARTMENTS, LOCATED IN OVERTOWN AT 269
NORTHWEST 8T" STREET, ALLOCATE FUNDS FROM
THE FY 1998-99 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT
ACCOUNT NUMBER 194006.590606.6860.94654 -
DIRECT ADMINISTRATION TO ENSURE CITY
STANDARDS OF QUALITY OF LIFE IN THE BETHEL
ARMS APARTMENTS PROJECT.
12.
REALLOCATE $100,000 FROM PREVIOUSLY
4/27/99
APPROVED 24TH YEAR COMMUNITY DEVELOPMENT
R 99-266
BLOCK GRANT (CDBG) PROJECTS IN THE PUBLIC
28-30
FACILITIES CATEGORY TO THE CENTER FOR HAITIAN
STUDIES, INC. (CHS) TO COMPLETE ROOF REPAIRS AT
8260 NORTHEAST 2ND AVENUE; SAID REALLOCATION
IDENTIFIED AS $50,000 FROM THE 24T" YEAR
ALLAPATTAH AND EDISON LITTLER RIVER
SIDEWALK IMPROVEMENT PROJECTS AND TO BE
REPLACED BY MONIES RECEIVED FROM THE GAS
TAX SETTLEMENT CHECK ISSUED BY THE STATE OF
FLORIDA.
13.
DEFER CONSIDERATION OF PURCHASE AND
4/27/99
INSTALLATION OF CARPET FROM DUFFY AND LEE
M 99-267
COMPANY, FOR POLICE HEADQUARTERS BUILDING.
31-34
14.
REFER TO -MANAGER REQUEST BY
4/27/99
REPRESENTATIVES OF MIAMI SPRINGS CONCERNING
M 99-268
THE LEASING OF A PORTION OF THE MIAMI SPRINGS
34-38
GOLF COURSE.
15.
INSTRUCT MANAGER TO STUDY WITH POLICE CHIEF
4/27/99
FEASIBILITY OF SURVEILLANCE CAMERAS IN THE
M 99-269
LITTLE HAITI NEIGHBORHOOD TO ADDRESS ILLEGAL
M 99-270
DUMPING OF TRASH AND DEBRIS AND COME BACK
38-50
WITH RECOMMENDATION -ESTABLISH SPECIAL
CLEANUP CAMPAIGN.
16. DISCUSSION CONCERNING THE NW 12 AVENUE 4/27/99
BRIDGE. DISCUSSION
50-58
i
it
17.
GRANT REQUESTFROM HENRY GIVENS. EXECUTIVE
"'21'_"
DIRECTOR OF THE MIAMIBAHAMAS GOOMBAY
R 99 , 1
Ss-6o
FESTIVAL IN COCONUT GROVE, INC.. FOR
PERMISSION TO OBTAIN AN ALCOHOLIC BEVERAGE
PERMIT AND USE OF PARK EQUIPMENT.
18.
REFER TO POLICE DEPARTMENT ALLEGATIONS BY
4-27.199
MR. ERCILIO E. BUGNES CONCERNING HOME
DISCUSSION
BURGLARY.
60-64
19.
LUIS SABINES COMMENTS REGARDING ABUSES OF
4/227/99
BURGLARY ALARMS.
DISCUSSION
64-65
20.
(A) EMERGENCY ORDINANCE: AMEND 11463 - "LOCAL
4/27/99
LAW ENFORCEMENT BLOCK GRANT PROGRAM" -
ORDINANCE 11783
INCREASE FUND ($107,907.10), REPRESENTING
65-67
INTEREST EARNED FROM SECOND YEAR GRANT
FUNDING MONIES: CORRECT SCRIVENER'S ERRORS
IN ORDINANCE NOS. 11463, 11547, AND 11686 TO
ACCURATELY REFLECT THE AMOUNTS
APPROPRIATED TO SAID FUND BY EACH ORDINANCE.
(B) COMMENTS REGARDING HAVING TO READ
ORDINANCES AND ABUSE OF EMERGENCY NATURE
OF ORDINANCES.
21. EMERGENCY ORDINANCE: AMEND 11332, WHICH 4127/99
ESTABLISHED INITIAL RESOURCES AND INITIAL ORDINANCE 1.1784
67-69
APPROPRIATIONS FOR SPECIAL REVENUE FUND
"GANG RESISTANCE EDUCATION AND TRAINING"; TO
INCREASE - SAID APPROPRIATIONS, ($356,000),
CONSISTING OF A GRANT FROM THE BUREAU OF
ALCOHOL, TOBACCO AND FIREARMS -- CORRECTING
A'SCRIVENER'S ERROR.
22. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL 4/27/99
REVENUE. FUND ENTITLED "SYETP-99' SUMMER ORDINANCE 11785
YOUTH EMPLOYMENT TRAINING PROGRAM" AND 69-70
APPROPRIATE FUNDS ($407,040), CONSISTING OF
GRANT FROM THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM (SFETC).
.,
23. EMERGENCY ORDINANCE: AMEND SECTION 2-33(1).
OF THE CODE - "ADMINISTRATION / CITY
- COMMISSION / ORDER OF BUSINESS AND RULES OF
PROCEDURE," TO REFLECT THE TIME AGENDA ITEMS
SHALL BE SCHEDULED AND TO ALLOW CONSENT
AGENDA ITEMS THAT ARE REMOVED FROM THE
CONSENT AGENDA TO BE CONSIDERED AS REGULAR
ITEMS AT THE SAME MEETING.
24. FIRST READING: AMEND 11590, BY CHANGING NAME
OF SPECIAL REVENUE FUND TO "FEMA/USAR GRANT
AWARD" AND APPROPRIATING ADDITIONAL FUNDS
CONSISTING OF TWO GRANTS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE
AMOUNTS OF $80,000 FOR FY `97-98 AND $83,740 FOR
FY `98-99, FOR A TOTAL APPROPRIATION OF $163,740,
FOR THE PURCHASE OF EQUIPMENT, AND TRAINING,
MANAGEMENT, AND ADMINISTRATION OF THE
SOUTH FLORIDA URBAN SEARCH AND RESCUE
(USAR) PROGRAM.
25. FIRST READING: AMEND 10840, WHICH ESTABLISHED
INITIAL APPROPRIATIONS FOR THE COCONUT GROVE
SPECIAL, EVENTS DISTRICT FUND, INCREASE SAID
APPROPRIATIONS ($75,731) AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE
TO SUCCESSFUL COLLECTION OF THE COCONUT
GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY
USER FEE.
26. . , FIRST READING: AMEND CHAPTER 10/ARTICLE 1,
ENTITLED `BUILDINGS/IN GENERAL," AND CHAPTER
54/ARTICLE 1, ENTITLED "STREETS AND
SIDEWALKS/IN GENERAL," OF THE CODE TO ALLOW
THE DIRECTORS OF PLANNING AND ZONING AND
PUBLIC WORKS TO WANE PERMIT FEES FOR THOSE
PERMITS REQUIRED BY ENTITIES AND AGENCIES OF
THE CITY -OF MIAMI; MORE PARTICULARLY BY
ADDING NEW SECTIONS 10-5 AND 54-17 TO SAID
CODE.
27. AUTHORIZE MANAGER TO EXECUTE A RESTRICTIVE
COVENANT FOR A PORTION OF FLAGAMI PARK,
(CURRENTLY OCCUPIED BY SOUTHWEST SOCIAL
SERVICES PROGRAM), INC. FOR RENOVATIONS AND
ENLARGEMENT OF THE KITCHEN AND REMODELING
OF THE BUILDING.
4:2 7. 99
ORDINANCE 1178o
70-7 3
4/27/99
ORDINANCE
73-74
4/27/99
ORDINANCE
74
4/27/99
ORDINANCE
75-76
4/27/99
R 99-272
76-77
r
28. RATIFY. APPROVE. CONFIRM MANAGER'S ACTION INS'
4.2799
EXECUTING AMENDMENT NO. 3 TO THE
R 99-27'
MANAGEMENT AGREEMENT WITH LATIN AMERICAN
78-79
GOURMET RESTAURANT, INC. WHICH PROVIDED
FOR: 1) REINSTATEMENT OF THE MANAGEMENT
AGREEMENT, DATED MAY 29, 1992, AS AMENDED
(THE "AMENDED AGREEMENT"); 2) AN EXTENSION
OF TIME FOR THE OPENING OF THE CONCESSION
AREA AT PAUL WALKER PARK, LOCATED AT 46 W.
FLAGLER STREET, TO JUNE 30, 1999; 3) THE CITY
RETAINING THE $100,000 PROCEEDS RECEIVED
UNDER THE LETTER OF CREDIT ON DECEMBER 2,
1998 UNTIL THE COMPLETION OF THE -
CONSTRUCTION OF THE CONCESSION AREA; 4) IN
THE. EVENT THE, CONCESSION AREA IS OPEN FOR
BUSINESS ON OR BEFORE JUNE 30, 1999, $50,000 WILL
BE RETURNED TO MANAGEMENT, 5) IN, THE EVENT
THE CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPEN FOR BUSINESS ON
OR BEFORE JUNE 30, 1999; THE CITY SHALL RETAIN
THE ENTIRE $100,000 AND ALL INTEREST ACCRUED
WITH THE REMAINING $50,000 PLUS INTEREST TO BE
DEPOSITED IN THE UNANTICIPATED REVENUE
ACCOUNT.
29. DISCUSS AND TABLE CONSIDERATION OF
4/27/99
ORDINANCE RELATING TO OPERATIONAL AND
DISCUSSION
BUDGETARY REQUIREMENTS OF CERTAIN CITY
80-82
DEPARTMENTS. (See label 58).
30. COMMENTS REGARDING CHALK'S AIRLINES 4/27/99
BANKRUPTCY AND LITIGATION AGAINST CITY. DISCUSSION
83
31. CHAIRMAN PLUMMER COMMENTS REGARDING 4/27!99
OWNERS OF BUILDINGS RESPONSIBILITY FOR DISCUSSION
TENANTS' OCCUPATIONAL LICENSES. 83
32. COMMENTS REGARDING HIGH COST OF WATER. 4/27/99
DISCUSSION
83-84
33. RESCIND BID AWARD TO RAMON LORENTE 4/27/99
CORPORATION FOR FURNISHING AND INSTALLATION M 99-274
OF PLAYGROUND EQUIPMENT AT WEST BUENA 84-85
VISTA AND MILLER DAWKINS PARKS, FOR FAILURE
TO PROVIDE REQUIRED CERTIFICATE OF INSURANCE,
AND AWARDING THE BID TO EDU-TECH, INC.,
($46,718). (See labels 36 and 37).
34. AUTHORIZE FURNISHING AND INSTALLATION OF 4:27,,9Q
HURRICANE SHUTTERS AND STORM MITIGATION %194-275
SYSTEMS FROM SEA VIEW INDUSTRIES, INC.. JEFF 8'-86
ROBINSON SHUTTER CO., INC., HURST AWNING CO..
INC., AND ROLLADEN, INC. (See labels 36 and 38).
35. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
4i227i99
OF EMERGENCY; WAIVE REQUIREMENTS FOR
M 99-276
COMPETITIVE SEALED BIDS AND APPROVE
86-87
PROCUREMENT OF ONE 1999 PIERCE SABER PUMPER
TRUCK FROM PIERCE MANUFACTURING, INC. (See
labels 36 and 39).
36. RECONSIDER VOTE ON M-99-274 (RESCIND BID
4/27/99
AWARD TO RAMON LORENTE CORPORATION FOR
M 99-277
FURNISHING AND INSTALLATION OF PLAYGROUND
M 99-277.1
M 99-277.2
EQUIPMENT AT WEST BUENA VISTA AND MILLER
87-89
DAWKINS PARKS, 'FOR FAILURE TO PROVIDE
REQUIRED CERTIFICATE OF INSURANCE, AND
AWARDING THE BID TO EDU-TECH, INC.)
RECONSIDER VOTE ON M-99-275 (AUTHORIZE
FURNISHING AND INSTALLATION OF HURRICANE
SHUTTERS AND STORM MITIGATION SYSTEMS FROM
SEA VIEW INDUSTRIES, INC., JEFF ROBINSON
SHUTTER CO., INC., HURST AWNING CO., INC., AND
ROLLADEN, INC.). RECONSIDER VOTE ON M-99-276
(RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
OF EMERGENCY; WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVE
PROCUREMENT OF ONE 1999 PIERCE SABER PUMPER
TRUCK FROM PIERCE MANUFACTURING, INC.) (See
labels 33-39).
37. RESCIND BID AWARD TO RAMON LORENTE
4/27/99
CORPORATION FOR FURNISHING AND INSTALLATION
R 99-278
OF PLAYGROUND EQUIPMENT AT WEST BUENA
89-92
VISTA AND MILLER DAWKINS PARKS, FOR FAILURE
TO PROVIDE REQUIRED CERTIFICATE OF INSURANCE,
AND AWARDING THE BID TO EDU-TECH, INC.,
' ($46,718); ALLOCATING FUNDS THEREFOR FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
CAPITAL IMPROVEMENT PROGRAM, PROJECT NOS.
331409 & 331404. (See labels 34 and 36).
38. AUTHORIZE FURNISHING AND INSTALLATION OF
HURRICANE SHUTTERS AND STORM MITIGATION
SYSTEMS FROM SEA VIEW INDUSTRIES, INC., JEFF
ROBINSON SHUTTER CO., INC., HURST AWNING CO.,
INC., AND ROLLADEN, INC., UNDER MIAMI-DADE
COUNTY CONTRACT ($361,333), FOR THE
DEPARTMENTS OF FIRE -RESCUE, POLICE, GENERAL
SERVICES ADMINISTRATION, AND CONFERENCES.
CONVENTIONS AND PUBLIC FACILITIES_. (See labels 34
and 36).
39. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
OF EMERGENCY; WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVE
PROCUREMENT OF ONE 1999 PIERCE SABER PUMPER
TRUCK FROM PIERCE MANUFACTURING, INC.,
($222,1 l 4), INCLUDING A CONTINGENCY COST OF
$13,910; ALLOCATE FUNDS FROM THE CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 313233,
"FIRE -RESCUE NEW APPARATUS ACQUISITION,"
ACCOUNT CODE NO.289401.6.840. (See labels 35 and 36).
40. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
OF EMERGENCY; WAIVE THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVE
EMERGENCY EXTENSION OF EXISTING CONTRACT
WITH UNISYS - CORPORATION, FOR THE
MAINTENANCE OF THE CITY'S COMMUNICATIONS
NETWORK BACKBONE, FOR ONE ADDITIONAL
MONTH, FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY, ($20,000); ALLOCATED -FUNDS FROM
ACCOUNT CODE NO. 001000.460101.6.670.
4.27-99
R 99-279
92-93
4/27/99
R 99-280
93-94
4/27/99
R 99-281
95-97
41. WAIVE REQUIREMENT FOR COMPETITIVE SEALED 4/27/99
BIDS . - AUTHORIZE MANAGER TO ENTER INTO R 99-282
AGREEMENT WITH. UNISYS, CORPORATION, AS THE 97-98
MOST ADVANTAGEOUS FIRM, FOR PROVISION OF
MAINTENANCE SERVICES AND PARTS FOR THE CITY
DATA COMMUNICATIONS NETWORK FOR AN
INTERIM PERIOD OF SIX MONTHS COMMENCING MAY
1, 1999, WITH THE OPTION TO RENEW FOR THREE
ONE -MONTH EXTENSIONS ($85,000); ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
001060.460101.6.670.
A
42.
AUTHORIZE CONTINUING ENGAGEMENT OF LAW
4.27'99
FIRM OF DAVIS WEBER & EDWARDS. P.A.. 1N
R 99-281
CONNECTION WITH LAWSUIT OF DECOMA MIAMI
98-101
ASSOCIATES, LTD. VS CITY OF MIAMI AND MIAMI
SPORTS AND EXHIBITION AUTHORITY, THE
ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 96-
1205E CA 02; ALLOCATING ($50,000), FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND.
ACCOUNT CODE NO. Sl 5001.624401.6.661.
43.
DISCUSS PROPOSED SETTLEMENT WITH FUTURA
4/27/99
CORAL WAY PROPERTIES I, LTD. (BUILDING
DISCUSSION
ACCIDENTALLY DEMOLISHED) — MOTION FAILED.
101-105
(See label 94).
44.
AUTHORIZE CONTINUED SERVICES BY LAW
4/27/99
ENFORCEMENT PSYCHOLOGICAL AND COUNSELING
R 99-284
ASSOCIATES, INC ($15,784); ALLOCATING FUNDS
105-108
THEREFOR FROM THE FY 98/99 POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.270.
45.
ACCEPT RECOMMENDATION OF MANAGER TO
4/27/99
APPROVE FINDINGS OF EVALUATION COMMITTEE,
R 99-285
PURSUANT TO A REQUEST FOR PROPOSALS, THAT
108-109
LAW ENFORCEMENT PSYCHOLOGICAL AND
COUNSELING ASSOCIATES, INC., IS THE MOST
QUALIFIED FIRM TO PROVIDE PRE -EMPLOYMENT
PSYCHOLOGICAL SCREENING AND PSYCHOLOGICAL
COUNSELING SERVICES TO THE DEPARTMENT OF
POLICE; ($217,000); ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 001000.290201.6.270.
46.
AUTHORIZE INCREASE IN CONTRACT OF
4/27/99
ALEXANDER BATTERY COMPANY SOUTHEAST, INC.,
R 99-286
($7,800); FROM $17,500 TO $25,000 FOR THE
110
PROCUREMENT OF RADIO BATTERIES, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO.
001000.290201.6.718.
47.
BRIEF COMMENTS / DEFER CONSIDERATION OF
4127199
PROFESSIONAL. MANAGEMENT SERVICES FOR THE
DISCUSSION
CITY OWNED TOWER THEATER.
111-112
48. AUTHORIZE REALLOCATION OF REMAINING $88.000
OF A $100,000 ALLOCATION FROM COMMUNITY
DEVELOPMENT BLOCK GRANT ACCOUNT NOS.
799302.452423-010 AND ' 799210.459018-010 FOR HIRING
ADDITIONAL STAFF TO ASSIST IN IMPLEMENTING
THE,EMPOWERMENT ZONE PROGRAM.
49. ACCEPT BID OF D. E. GIDI & ASSOCIATES CORP.. FOR
"KINLOCH PARK ADULT DEVELOPMENTAL CENTER,
B-6270"; ($575,000); ALLOCATE FUNDS FROM PROJECT
NO. 332174 AS APPROPRIATED BY FISCAL YEAR 1998-
1999 APPROPRIATION ORDINANCE 11-705-.'
50. ACCEPT BID OF D. E. GIDI & ASSOCIATES CORP., FOR
"CURTIS PARK SHORELINE IMPROVEMENTS, B-6287";
($182,360), ALLOCATE FUNDS FROM CONTRIBUTIONS
FROM THE FLORIDA STATE DEPARTMENT OF
ENVIRONMENTAL PROTECTION; CDBG; AND THE
JAMES L. KNIGHT FOUNDATION, AS APPROPRIATED
BY FISCAL YEAR 1998-1999 APPROPRIATIONS
ORDINANCE ' NO. 11705 - REQUIRE PERFORMANCE
BOND OF 1 %.
51 ACCEPT BID OF AUGUST CONSTRUCTION CO., INC.,
FOR "KIRK MUNROE TENNIS CENTER PROJECT, B-
6302," ($306,115); ALLOCATE FUNDS FROM PROJECT
NO. 331343 AS APPROPRIATED BY FISCAL YEAR 1998-
1999 APPROPRIATIONS ORDINANCE 11705.
52 AUTHORIZE MANAGER, TO EXECUTE AGREEMENT
WITH STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES BUILDING CONSTRUCTION,
FOR CONSTRUCTION MANAGEMENT SERVICES FOR
DESIGN AND CONSTRUCTION OF THE SAFE
NEIGHBORHOOD PARKS BOND PROJECT ENTITLED
"HADLEY PARK COMMUNITY CENTER," ($57,636);
ALLOCATING FUNDS THEREFOR AS APPROPRIATED
BY FISCAL YEAR' 1998-1999 APPROPRIATION
ORDINANCE NO. 11 705,AS AMENDED FROM CAPITAL
IMPROVEMENT PROJECT NO. 331391 ENTITLED
"HADLEY PARK COMMUNITY CENTER".
4.'27;99
R 99-287
112-114
4/27/99
R 99-288
114-115
4/27/99
R 99-289
115-118
4/27/99
R 99-290
118-120
4/27/99
R 99-291
120-121
t
53
ACCEPT BIDS OF BELL & SON FENCE COMPANY, C & F
4 -7,99
DECORATING SERVICES. AND PROFESSIONAL
99-292
WELDING, INC., FOR PROVISION AND INSTALLATION
121-126
OF STEEL PICKET FENCING AT VARIOUS CITY PARKS.
IN AN AMOUNT NOT TO EXCEED $302.072. FOR THE
DEPARTMENT OF PARKS AND RECREATION;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NOS. 331391, 331346. 331357.
331309, 331342, 331386, AND 331365.
54
AUTHORIZE MANAGER TO SUBMIT APPLICATION, TO
4/27/99
THE FLORIDA INLAND NAVIGATION DISTRICT
R 99-293
("FIND") PURSUANT TO ' ITS WATERWAYS
126-127
ASSISTANCE PROGRAM FOR GRANT FUNDING IN THE
ESTIMATED AMOUNT OF $180,000, FOR THE KENNETH
MYERS PARK "SEMINOLE" PUBLIC BOAT RAMP AND
LAUNCHING FACILITY.
55
AUTHORIZE MANAGER TO SUBMIT APPLICATION, TO
4/27/99
THE FLORIDA INLAND NAVIGATION DISTRICT
R 99-294
("FIND") UNDER SAID AGENCY'S WATERWAYS
127-128
ASSISTANCE PROGRAM FOR GRANT FUNDING IN THE
ESTIMATED AMOUNT OF $300,000 FOR THE
MARGARET PACE PARK PUBLIC WATERFRONT
.
ENHANCEMENT PROJECT.
56
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
4/27/99
OF EMERGENCY, WAIVE REQUIREMENTS FOR
R 99-295
COMPETITIVE BIDS, AND APPROVE ACQUISITION OF
129-130
(1) ENGINEERING SERVICES FROM DAVID PLUMMER
AND ASSOCIATES, AND (2) LIGHTING AND
ELECTRICAL WIRING IMPROVEMENTS, (3) CONCRETE
SURFACING OF A PARKING LOT, AND (4)
IMPROVEMENTS FOR THE BAYWALK AND FLAGLER
PROMENADE INFRASTRUCTURE FROM HI TECH
CONSTRUCTION, INC., RICHARD'S ELECTRIC AND
TLM, INC., ($100,000), REQUIRED FOR SUPER BOWL
XXXIII ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO.331232.
57
DISCUSSION CONCERNING THE MONTHLY
4127199
FINANCIAL REPORT INCLUDING - - THE BUDGET
DISCUSSION
OUTLOOK AND A.FINANCIAL UPDATE
131-134
r
58
(A) FIRST READING: AMEND SECTIONS 1,3,4.5 AND 6
4 27`99
OF ORDINANCE NO. 11705, THE ANNUAL
ORDINANCE
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR
134-141
ENDING SEPTEMBER 30, 1999, FOR INCREASING SAID
APPROPRIATIONS RELATING TO OPERATIONAL AND
BUDGETARY REQUIREMENTS OF CERTAIN CITY
DEPARTMENTS; REVISING CAPITAL IMPROVEMENT
PROJECTS FOR FY 1998-99 IN THE GENERAL
GOVERNMENT, PUBLIC SAFETY, SOCIAL AND
ECONOMIC ENVIRONMENT, PARKS AND
RECREATION, PUBLIC FACILITIES, TRANSPORTATION
AND PHYSICAL ENVIRONMENT AREAS. (See label 29).
(B) NEED TO ESTABLISH REAL ESTATE AND
DEVELOPMENT DEPARTMENT BY RESOLUTION BY
NEXT REGUL.ARLY SCHEDULED CITY COMMISSION
MEETING.
(C) SCHEDULE FOR NEXT CITY COMMISSION
MEETING. ITEM RELATED TO CITY COMMISSION
HAVING ITS OWN AUDITS AND BUDGET STAFF.
59
DISCUSSION CONCERNING THE ANNUAL REVIEW OF.
4/27/99
THE TERMS OF ELECTED OFFICIALS AS MEMBERS OF
DISCUSSION
ANY AUTHORITY, BOARD, OR COMMITTEE - DEFER
141-145
TO JUNE 8TH.
(A) DISCUSSION CONCERNING FRANCHISING SOLID
60
WASTE COMMERCIAL ACCOUNTS --DIRECT
4/27/99
MANAGER TO COME BACK AT THE NEXT MEETING
M 99-296
WITH FRAMEWORK AND SPECIFIC GUIDELINES FOR
R 99-297
145-184
FRANCHISE AGREEMENT WITH WASTE HAULERS;
FURTHER INSTRUCTING THE MANAGER TO
INCORPORATE THE INDUSTRY'S SUGGESTIONS
REGARDING SAME.
(B) DRAFT ORDINANCE ESTABLISHING COMMERCIAL
SOLID WASTE MANAGEMENT ADVISORY
COMMITTEE.
61
AUTHORIZE THE OPERATION (FOR FOUR WEEKS) OF
4/27/99
A FLEA MARKET BY C.C.A.L. CORPORATION AS
R 99-298
TEMPORARY SPECIAL EVENTS, AT 1480 NORTHWEST
184-185
NORTH RIVER DRIVE, MIAMI, FLORIDA (MAHI SHRINE
PROPERTY); SAID AUTHORIZATION CONTINGENT
UPON THE ORGANIZER PROHIBITING THE SALE OR
PREPARATION OF ANY FISH PRODUCT AT EACH
EVENT.
62
EXTEND BY 90 DAYS THE EXISTENCE OF MIAMI
4/27/99
CHARTER REVIEW AND REFORM COMMITTEE.
R 99-299
185-186
•
ib
63 DISCUSSION CONCERNING THE COAST GUARD BASE 4 27'99
ON BAYSHORE DRIVE. DISCUSSlo\'
186-1x8
64 DISCUSSION CONCERNING THE POSSIBILITY OF 4.r27/99
MIAMI BECOMING ITS OWN COUNTY. DISCUSSION
188
65 EMERGENCY ORDINANCE: APPROVE CREATION OF 4/27/99
"NATOMA MANORS ROVING SECURITY GUARD ORDINANCE 11787
SPECIAL TAXING DISTRICT" FOR ROVING _POLICE 188-190
PATROL SERVICE.
66 DIRECT CITY MANAGER TO ELIMINATE THE MANUEL 4/27/99
ARTIME THEATER FROM THE LIST OF CITY R 99-300
PROPERTIES TO BE SOLD -- MANAGER TO WORK 190-197
WITH THE CULTURAL AND FINE ARTS BOARD TO
KEEP THE MANUEL ARTIME THEATER AS A CENTER
FOR CULTURAL ARTS WITHIN THE LITTLE HAVANA
AREA.
67 DIRECT MANAGER TO REINSTATE THE CALLE OCHO 4/27/99
WALK OF FAME PROGRAM AND TO INSTRUCT M 99-301
REPRESENTATIVE OF THE DEPARTMENT OF PUBLIC 197-199
WORKS TO MEET WITH MS. CAROLYN NAVARRO TO
NEGOTIATE . AN AGREEMENT REGARDING SAID
PROGRAM.
68 DISCUSSION CONCERNING THE BUILDING PERMIT 4/27/99
PROCESS. DISCUSSION
200-203
69 DISCUSSION CONCERNING THE STATUS OF BOBBY 4/27/99
MADURO STADIUM. DISCUSSION
203-207
70 DISCUSSION CONCERNING THE CITY OF MIAMI 4/27/99
WORKERS' COMPENSATION PROGRAM. DISCUSSION
207-209
41
71
AUTHORIZE MANAGER TO ENTER INTO
4'--7,99
MEMORANDUM OF UNDERSTANDING AND
R 99- 02
AGREEMENT OF THE MIAMI RIVER QUALITY ACTION
209 210
TEAM ("QAT") FOR THE PURPOSE OF ENSURING THE
CONTINUED COMMITMENT AND PARTICIPATION OF
INTERESTED INDIVIDUALS, ENTITIES AND
GOVERNMENT AGENCIES OWNING PROPERTY
OPERATING ON OR ALONG, OR HAVING
JURISDICTION OVER, THE MIAMI RIVER AND THE
ADJACENT LAND WITHIN THE CITY OF MIAMI AND
MIAMI-DADE COUNTY.
72
DISCUSS AND DEFER CONSIDERATION OF PROPOSED
4/27/99
DEVELOPMENT OF A MULTI -FAMILY BUILDING FOR
DISCUSSION
AFFORDABLE HOUSING ON THE CI.VIC CENTER SITE
2I 12I2
(1700 NORTHWEST 14 AVENUE).
73
FIRST READING: AMEND CHAPTER 2/ARTICLE XI OF
4/27/99
THE CODE ENTITLED "ADMINISTRATIONBOARDS,
ORDINANCE
COMMITTEES, COMMISSIONS," AND CHAPTER 54,
2I2 2I5
ENTITLED "STREETS AND SIDEWALKS" TO
ESTABLISH THE LITTLE HAVANA SPECIAL EVENTS
DISTRICT — CREATE THE LITTLE HAVANA FESTIVAL
COMMITTEE.
74
EXPRESS INTENT TO ENACT AN ORDINANCE
4/27/99
IMPLEMENTING AMENDMENT NO. 3 PURSUANT TO
R 99-303
PROPOSED FLORIDA STATUTE GRANTING AN
2I5 2I7
.ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS
65 AND OLDER WHOSE HOUSEHOLD INCOME DOES
NOT EXCEED A SPECIFIC AMOUNT.
75 DISCUSSION CONCERNING PROGRAMMING ON NET 9. 4/27/99
(See label 95). DISCUSSION
217-2I8
76 AUTHORIZE ALLOCATION OF RESERVE FUNDS, 4/27/99
UNLESS OTHER FUNDS ARE APPROVED, FROM THE R 99-304
OMNI TAX INCREMENT TRUST FUND AND $300,000 2I9-222
FROM THE SAFE NEIGHBORHOOD PARKS BOND FOR
THE EXPEDITED COMPLETION OF, MARGARET PACE
PARK.,
77
AUTHORIZE CITY MANAGER TO EXECUTE AN
4."7 99
AGREEMENT, WITH MIAMI CAPITAL DEVELOPMENT.
y9224
INC. ("MCDI") FOR THE MANAGEMENT AND
2 ' -
ADMINISTRATION OF A $1,000.000 OVERTOWN
BUSINESS DEVELOPMENT PROGRAM; ALLOCATING
FUNDS THEREFOR FOR SAID PROGRAM FROM THE
ECONOMIC DEVELOPMENT PHYSICAL
IMPROVEMENTS PROJECT POOL FUND (MINI-UDAG).
AND FROM COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, AS APPROPRIATE.
78
COMMISSIONER TEELE DIRECTED TO SCHEDULE
4/27/99
CONSIDERATION OF A PROPOSED RESOLUTION IN
DISCUSSION
CONNECTION WITH LIMITING DEVELOPMENT ON
224-225
VIRGINIA KEY CONSISTENT WITH THE COUNTYWIDE
DAN PAUL AMENDMENT; FURTHER DIRECTING THAT
ALL INTERESTED PARTIES BE NOTICED TO BE HERE
AT A TIME CERTAIN TO PARTICIPATE IN THIS
DISCUSSION.
79
COMMISSIONER TEELE DIRECTED TO PROVIDE HIM
4/27/99
WITH A MEMORANDUM EXPLAINING ENFORCEMENT
DISCUSSION
(CITYWIDE VERSUS BY AREA) OF SALE OF LIQUOR
225-227
ON SUNDAYS.
80
RECONSIDERING PRIOR DEFERRAL AND ADOPT THE
4/27/99
FOLLOWING:
M 99-306
ITEM CA-2 (PROPOSED BID OF MACK SALES OF
M 99-306.1
SOUTH FLORIDA, INC. FOR PURCHASE OF FIVE SOLID
M 99-306.2
M 99-306.3
WASTE GARBAGE PACKER TRUCKS).
M 99-306.4
ITEM CA-3 (PROPOSED BID OF HANDSEL ELECTRIC
M 99-306.5
COMPANY OF FLORIDA, INC. FOR CITYWIDE
M 99-306.6
PROVISION OF ELECTRICAL MAINTENANCE
M 99-306.7
M 99-306.8
SERVICES AND SUPPLIES).
M 99-306.9
ITEM CA-16 (PROPOSED PROCUREMENT OF OFFICE
227-232
FURNITURE FROM VARIOUS VENDORS).
ITEM CA-17 (PROPOSED ACQUISITION OF
TECHNOLOGY CONSULTING BLUEPRINT SERVICES
FROM MICROSOFT CORPORATION).
CA-18 (PROPOSED PURCHASE OF MULTIMEDIA
COMPUTER PROJECTION SYSTEMS, WITH
ACCESSORIES AND SOFTWARE, MAINTENANCE AND
REPLACEMENT SERVICES AND COMPUTER
EQUIPMENT FROM PROXIMA COMPUTER PROJECTION
SYSTEMS AND OTHER VARIOUS VENDORS).
81
APPROVE MAJOR USE SPECIAL PERMIT FOR
4/27'99
BISCAYNE BAY TOWER PROJECT IN ORDER TO
R 99-307
ALLOW A RESIDENTIAL PLANNED UNIT
232-237
DEVELOPMENT CONSISTING OF 358 UNITS WITH 525
PARKING SPACES AND ACCESSORY RECREATIONAL
USES FOR PROPERTY LOCATED AT APPROXIMATELY
501 NE 36TH STREET.
82 -
DENY APPEAL BY RONALD AND DOROTHY
4/27/99
LEVENTHAL - UPHOLD ZONING BOARD DECISION TO
R 99-308
PERMIT A PARKING LOT FOR PROPERTY AT 151
238-243
NORTHEAST 1 ST STREET.
83
SECOND READING ORDINANCE: CHANGE ZONING IN
4/27/99
11000 IN ORDER TO ADD SD-19 DESIGNATED F.A.R.
ORDINANCE 11788
OVERLAY DISTRICT FOR PROPERTIES LOCATED AT
244-258
APPROXIMATELY 3674, 3680, AND 3690 S.W. 26
TERRACE, 3675 S.W. 27 STREET AND 2665 S.W. 37
AVENUE.
84
FIRST READING ORDINANCE: CHANGE ZONING IN,
4/27/99
11000, FOR THE PROPERTIES LOCATED AT
ORDINANCE
APPROXIMATELY 3435, 3441, 3445 HIBISCUS STREET
258-259
IN ORDER TO ADD SD-12 BUFFER OVERLAY DISTRICT.
85
CONTINUE CONSIDERATION OF ITEM PZ-5 (PROPOSED
4/27/99
SECOND READING ORDINANCE TO AMEND 10544 BY
DISCUSSION
CHANGING LAND USE t DESIGNATION FOR
259-260
PROPERTIES LOCATED AT APPROXIMATELY 3680
N.W. 11 STREET AND 1021 N.W. 37 AVENUE FROM
MEDIUM DENSITY RESIDENTIAL TO RESTRICTED
COMMERCIAL, AND ITEM PZ-6 (PROPOSED SECOND
READING ORDINANCE TO CHANGE ZONING
DESIGNATION FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3680 NW I IT" STREET AND 1021 NW
37' AVENUE FROM R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL.
86
SECOND READING ORDINANCE: AMEND ZONING
4/27/99
ORDINANCE 11000, BY CHANGING ZONING
ORDINANCE 11789
DESIGNATION FOR PROPERTY LOCATED AT
260-262
APPROXIMATELY 6201 BISCAYNE BOULEVARD, 620
N.E. 63RD STREET AND 629 N.E. 62ND STREET IN ORDER
TO ADD SD-12 BUFFER OVERLAY DISTRICT.
87
SECOND READING ORDINANCE AMEND ZONING
4,'2799
ORDINANCE 11000, TO ELIMINATE PARKING
ORDINANCE 11790
REQUIREMENTS FOR RESIDENTIAL PROJECTS WITHIN
262-26 3
THE SD-8 DISTRICT WHICH ARE ADAPTIVE RE -USES
OF EXISTING STRUCTURES AND SUBJECT TO A CLASS
II SPECIAL PERMIT.
88
FIRST READING ORDINANCE: AMEND CODE
4/227/99
SECTIONS 17-31 AND 17-40 RELATING
ORDINANCE 11791
ENVIRONMENTAL PRESERVATION BOARD TO
263-264
DELETE PROVISIONS RELATING TO REVIEW OF
CERTIFICATES OF APPROVAL BY THE URBAN
DEVELOPMENT REVIEW BOARD AND TO MODIFY
PROCEDURES FOR APPEALS.
89
FIRST READING ORDINANCE: AMEND CODE
4/27/99
SECTIONS 17-31 AND 17-40 RELATING
ORDINANCE
ENVIRONMENTAL 'PRESERVATION BOARD TO
265-267
DELETE PROVISIONS RELATING TO REVIEW OF
CERTIFICATES OF APPROVAL BY THE URBAN
DEVELOPMENT REVIEW BOARD AND TO MODIFY
PROCEDURES FOR APPEALS.
90
FIRST READING ORDINANCE: AMEND CODE
4/27/99
CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES" IN
ORDINANCE
ORDER TO AMEND CERTAIN SECTIONS TO INCLUDE
268
THE SD-8 DESIGN PLAZA COMMERCIAL -RESIDENTIAL
DISTRICT, CONDITIONALLY, AS DEFINED IN ZONING
ORDINANCE 11000.
91
DISCUSSION REGARDING DOWNTOWN BRICKELL
4/27/99
BAY PLAZA STRUCTURE.
DISCUSSION
269
92
ANNOUNCEMENT REGARDING VICE CHAIRMAN
4/27/99
GORT BEING DESIGNATED AS PRESIDENT OF THE
DISCUSSION
DADE LEAGUE OF CITIES.
269
93 ALLOW CLASS II SPECIAL PERMIT FOR THE MIAMI 4/27/99
MARLINS MURAL LOCATED AT 100 NORTH BISCAYNE M 99-309
BOULEVARD, SUBJECT TO REVIEW BY THE URBAN 269-271
DESIGN REVIEW BOARD - SCHEDULE PUBLIC
HEARING RELATED TO THIS ITEM ON THE NEXT CITY
COMMISSION MEETING - SEE LABEL 96.
94 RECONSIDER PRIOR VOTE WHICH HAD FAILED ON 4/27/99
AGENDA ITEM 34 (PROPOSED SETTLEMENT OF $71,550 M 99-310
WITH FUTURA CORAL WAY PROPERTIES 1, LTD.) - R 99-311
271-275
PASS AND ADOPT SAID RESOLUTION (See label 43).
95 DISCUSSION REGARDING CABLE NET-9 TELEVISION 4%27/99
PROGRAMMING AND POSSIBLE AIR TIME AFFORDED DISCUSSION
TO ELECTED OFFICIALS_ TO APPEAR ON NET-9 — SELL 27' z78
LABEL 75.
96 CITY ATTORNEY TO REVIEW NEED FOR PUBLIC 41i27/99
HEARING IN CONNECTION WITH CLASS II SPECIAL DISCUSSION
PERMIT FOR THE MIAMI MARLINS MURAL LOCATED ?78 ?80
AT 100 NORTH BISCAYNE BOULEVARD (See label 93).
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of April, 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 9:44 a.m. by Chairman J.L. Plummer, -Jr., with the following
members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
ABSENT:
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Chairman Plummer: As soon as we get a third Commissioner in here, we'll start off. All right. For the
record — Mariano, move out of my way. I can't see. For the record, the Manager has already withdrawn
Item 11, Item 20, Item 23, Item 27, 35, 36, Item 40 and Item 50. So, if any of you are here for any of those
items, you can go home. Mr. Manager, what is the item on the newspapers that I asked you to pull too late?
Mr. Donald H. Warshaw (City Manager): Twenty-one.
Chairman Plummer: Which'one?
Mr. Warshaw: Twenty=one.
Chairman Plummer: Item 21. Have you pulled that?
Mr. Warshaw: It's still on the (inaudible)...
Chairman Plummer: All right. I will be requesting, Mr. Manager, that you pull Item 21 on the regular
agenda. I ask that a workshop be done on the newspaper wracks. Nobody has yet come tome and told me
what transpired, so I'll ask that be deferred until another date. We got a third Commissioner?
April 27, 1999
Commissioner Sanchez: Right here.
Chairman Plummer: 'Who's here. All right. Reverend Sanchez is here. Are you ready? This is a Regular
Commission of the Miami City Commission. There will be two meetings today, one starting now and the
other one at 2 o'clock in the afternoon. At this time, I'd ask everyone to, please, stand. I'll ask Reverend
John White to give the invocation. Please, remembering in his thoughts and in his pravers. the tragedy that
took place in Colorado, and ask Commissioner Sanchez to, immediately following, to lead us in the pledge.
Reverend White.
An invocation was delivered by Reverend John White. Commissioner Sanchez, then, led those
present in a pledge of allegiance to the flag.
Chairman Plummer: Thank you, Reverend White. Once again, if I may, for the record, the following items
have been withdrawn: Item 11, Item 20, Item 22 -1'm sorry, 23, 27, 35, 36, 40, 41, 50, and I've asked that
Item 21 be withdrawn. We have a group of people, Mr. Manager, from Wynwood, but I'm going to give a
few more minutes, if I may, to see if anymore of them show up.
Mr. Warshaw: Sure.
Chairman Plummer: Sometimes they're on Tiempo Latino, so we're going to wait a few minutes to see if a
few more show up. All right.
I. COMMEND TYLER BRIDGES, MIAMI HERALD REPORTER, FOR PULITZER PRICE.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Yes.
Commissioner Sanchez: I believe...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: ...congratulations are in order for Reporter Tyler for the Pulitzer's award. He's
here. Congratulations.
Chairman Plummer: What are we congratulating him for?
Commissioner Sanchez: Don't you read the newspaper?
Chairman Plummer: No. Which one?
Commissioner Sanchez: Do you know what goes on in your community?
Chairman Plummer: No.
Commissioner Sanchez: They won the Pulitzer Award.
Chairman Plummer: OK. Congratulations. Who does he work for?
2
April 27, 1999
Commissioner Sanchez: "The Herald."
Chairman Plummer: Oh. Which one?
Commissioner Sanchez: Never mind.
Chairman Plummer: All right. There are -- for the record, there are no vetoes to handle of anv sorts of
today. We are now on the consent general. Any Commissioners wishing to pull any items on the consent
agenda?
Chairman Plummer: Commissioner, the..
Chairman Plummer: Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): The regular meeting is scheduled to commence at 10 o'clock.
Chairman Plummer: Well, sir, I beg you to look at the agenda that I have. It says, "Regular City
Commission Meeting. This meeting shall convene at 9:30 a.m.. That's in English.
Mr. Vilarello: Item A I B in the Consent Agenda is scheduled after 10 a.m. On page 3 of your agenda. it's
noticed after 10.
Vice Chairman Gort: Bye. See you later.
[Note for the Record- Minutes of May 26 and June 5, 1998 were approved)
Chairman Plummer: Well, let's do what we can do. We've already done one. There's no action to be done.
On "B", let's approve the minutes of May the 26th, 1998 and June the 5th, 1998. Are there any corrections,
deletions, admissions? If not, is there a vote? Motion by Sanchez. Seconded by Gort. All in favor, say
"aye "
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous ballot.
2. CHAIRMAN PLUMMER ANNOUNCED PRESS CONFERENCE SCHEDULED FOR NOON RE
LOT CLEARING.
Chairman Plummer: Mr. Manager, we will be having a press conference at noon to inform the people of
this community what is being done in the lot clearing and I would hope that my Commissioners will have
the opportunity to be there to understand, so people will understand exactly what's going to be happening.
Mariano, not speaking to the agenda, did you want to make up an item?
Mariano Cruz: No, on the consent agenda.
Chairman Plummer: Well, sir, we're not going to — according to the City Attorney, we can now not start
until 10.
3 April 27, 1999
Mr. Cruz: OK.
Chairman Plummer: So relax.
3. REVEREND WHITE ANNOUNCED GROUNDBREAKING FOR SINGLE FAMILY HOMES IN
OVERTOWN.
Chairman Plummer: Reverend White, you have a ground -breaking on. Saturday. Would you like to tell us
about the ground -breaking?
[AT THIS .POINT, COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 9:50 A.M.]
Reverend John White: Thank you. Mr. Chairman, I certainly welcome this opportunity to stand before this
august body and to, first of all, express my thanks to all of you for the support that you've given us in trying
to build some single family homes in Overtown, that have not been built in over 20 years. Eleven o'clock
Saturday morning, on southeast corner of northeast -- Northwest 5th Avenue and 6th Street, we will be
breaking grounds for 40 detached single family homes in Overtown, and we invite, not only the
Commissioners, but we invite the public to come and be a part of that and we thank you for all the support
through the HOME (Home Investment Partnership. Program) money, through other funding sources that
you've helped us generate in order to make this happen.
Vice Chairman Gort: Let me ask you a question. Is this on 6th Street?
Reverend White: This is on 6th Street.
Vice.Chairman Gort: Is that the one that, once you go east of I-95, it's a two-way street? Then, when it goes
west...
Reverend White: West. We're going west. West of 95.
Vice Chairman Gort: No, I understand. But east of 95 is a two-way street. West of 95 becomes one-way
street.
Reverend White: Right.
Vice Chairman Gort: Because I had the letters and I sent a memo to the Public Works Department, saying
that we'd like to see that going back into two-way street because it's creating a lot of problems for people
west of I-95. They have to really go around and the traffic flow becomes very difficult, and I don't see the
reason why it's one-way street.
Reverend White: I don't know. I don't think it's going to affect what we're trying to do.
Vice Chairman Gort: I understand, but I just want to make sure it was the right street. Thank you.
Reverend White: Thank you.
4 April 27, 1999
4. CHAIRMAN PLUMMER DIRECTED TO REMOVE ILLEGAL SIGNS POSTED CITYWIDE AND
TO FINE PERPETRATORS.
Chairman Plummer: Mr. Manager, can I ask you a question? Illegal signs, how much are they for each
illegal sign?
Mr. Donald Warshaw (City Manager): I think...
Chairman Plummer: I think it's seventy-five dollars ($75)...
Mr. Warshaw: What, to make the sign?
Chairman Plummer: No. Illegal signs. If people have illegal signs, aren't they seventy-five dollars ($75)
each, Raul, in front of Code Enforcement?
Mr. Raul Martinez (Assistant City Manager): I think it's higher.
Chairman Plummer: It's higher than that? Mr. Manager, I want to tell you how to make your budget next
year, OK? I want you to go out and start pulling these off of telephone poles. If each one of these are
seventy-five dollars ($75) per illegal sign, you made your budget. There are literally hundreds of these
signs, and I think they're aimed at me to reduce, OK?
Commissioner Sanchez: You should take advantage of it.
Chairman Plummer: You know, the point I'm trying to make is, Mr. Ted Stahl, the other night at the town
hall meeting, he made a very good point. These people have no respect for our landscaping, for the beauty
of our City, and I've yet to see one of these people in front of Code Enforcement. Miami Beach has an
ordinance that they can confiscate the funds of an individual who goes out and plasters these cities. And I
want to tell you, code inspectors drive by these all the time; they don't take them down; they don't do
anything by virtue of getting them in front of Code Enforcement. And around Biscayne Boulevard and
downtown, there are literally — of this particular sign, there are literally hundreds of them, plastered, pasted.
Ladies and gentlemen, we have a flaw that we can't start until 10. Does anybody have a story they'd like to
tell? Don't tell jokes, OK. All right. Mr. Manager, would you like to tell us the status of the City, how
things are going, how much surplus money we have?
Mr. Warshaw: Going just fine.
Chairman Plummer: Just fine. All right. Tony, how is the Police Department?
Mr. Tony Rodriguez: Fine.
5. COMMENDATION TO INDIVIDUALS WHO CLEANED AND BEAUTIFIED WYNWOOD
AREA.
Chairman Plummer: Just fine. All right. We're batting a thousand. Dagmar, how's the towing business?
Just fine. OK. Ladies and gentlemen, if I may, please? There is any number of groups — this meeting is
now at order. There are any number of groups who have taken the initiative to go out and try to make this
City a more beautiful City. I had the opportunity to go and personally observe the work that was done by
5 April 27, 1999
one group and that was of Wvnwood, and I have to tell you that they didn't do just Wynwood. what %'ou
might say was a vested interest on their part. They went all the wav down to Margaret. Pace Park and did a
tremendous job down there. I have asked that the following people -- and there were many. many people
that are not going to be here today and I will give them to the NRO (Neighborhood Resource Officer) of
Wynwood to distribute these to the others. But, now, I would ask that the following people come up here in
the front, starting with Dagmar from Downtown Towing,.the Jesuit Preparatory School Representative.
Twin Oil Company and, of course, Lieutenant Garcia, Carlos Mendez, the NRO. William Lopez. Sals
Abatement Corporation, and Wynwood Community Action Agencies. These are the people that are present.
These are the people that are not present today, who also participated in this program, and I'll be giving
these to the NRO so that they can, in fact, distribute these to the people who were involved. Mr. Cite
Photographer, you will get everybody coordinated so that you can get the picture. I'd ask my colleagues to
stand up behind them.
6. CONSENT AGENDA
Chairman Plummer: All right. Ladies and gentlemen, I'd ask you, please, to exit quietly. City Commission
have items to pull from the consent agenda? Mr. Regalado?
Commissioner Regalado: No, sir.
Chairman Plummer: None. Mr. Teele?
Commissioner Teele: Can I get a brief explanation...
Chairman Plummer: Yes, sir.
Commissioner Teele: ...on the Microsoft state contract?
Chairman Plummer: Mr. Manager, Microsoft contract. Which item is it, Mr. Teele?
Commissioner Teele: I think it's CA-19, is it?
Chairman Plummer: CA-19.
Commissioner Teele: No, no. No.
Vice Chairman Gort: Seventeen and 18.
Commissioner Teele: Seventeen and 18.
Vice Chairman Gort: I'm pulling it.
Chairman Plummer: You're pulling 17 — OK, that took care of that. All right. Mr. Sanchez?
Commissioner Sanchez: None, sir.
Chairman Plummer: Mr. Gort?
Vice Chairman Gort: CA-2, CA-3, CA-16, 17, 18, 20 and 22.
6
April 27, 1999
Chairman Plummer: Mr. Manager, I think that...
Vice Chairman Gort: Let me put on the record again. The mike was -- CA-2. CA-3. CA-16. CA-17. 18. 20
and 22.
Chairman Plummer: Mr. Manager...
Vice Chairman Gort: And I have questions.
Commissioner Teele: ...if we're going to be accomplishing what we hope to accomplish with the consent
agenda, I think it obviously is the fact that nobody has been around to the Commission offices to explain or
to understand the Commission agenda. OK?
Vice Chairman Gort: No, no. That commission staff had tried to meet with me and tried to explain the
agenda, but I have further questions that I want to be clarified.
Chairman Plummer: OK. I'm asking CA...
Vice Chairman Gort: Excuse me. I might be able to bring this back this afternoon. I just wanted some
clarification on some questions that I have.
Chairman Plummer: I'm pulling CA-6, I think. Let me make sure. No, it's not CA-6. Which is the one on
abatement? Asbestos abatement. Is that on the consent agenda?
Vice Chairman Gort: It's not on the consent agenda.
Chairman Plummer: OK. And I only have a question on 19.
Mr. Warshaw: CA-19?
Chairman Plummer: Yeah, I have a question. Commissioner Teele, since the items have been pulled of 17
and 18, is that all right with you to cant' it over to the next agenda?
Vice Chairman Gort: No. My understanding is, if I get my answers to some of the questions that I have, I'll
bring it back this afternoon.
Chairman Plummer: OK. I have a question on 19, which I think is Georgia Jones, am I correct?
Mr. Warshaw: Yes, sir.
Chairman Plummer: OK. That money is going to address City residents?
Mr. Warshaw: Yes, sir.
Chairman Plummer: All right, then. For the record, Items 2, 3, 16, 17, 18; 20 and 22 have been pulled and
under normal process will go on the next agenda as regular items. It is now...
Vice Chairman Gort: I'll tell you, CA-20 -- and I apologize for the sake of time. CA-20, what I would like
to see -- this is a program that's going to be implemented in three parks. I'd like to see this implemented in
7 April 27, 1999
all city parks, in all neighborhoods. CA-20. And I won't have any problem. My question...
Chairman Plummer: So, you're leaving it in?
Vice Chairman Gort: My commitment to that one is to make sure that that program is placed in all cite
parks.
Chairman Plummer: All right. So, for the record...
Vice Chairman Gort: That's CA-20.
Chairman Plummer: For the record, we're now pulling two, three, 16, 17, 18 and 22. And we'll now hear
from the public. Mr. Cruz. Your'name-and address for the record.
Mariano Cruz: I'm going to talk -- Mariano Cruz, 1227 Northwest 26th Street. I am going to talk on
Consent Agenda Item Number 22, about...
Chairman Plummer: No, sir, Item 22 has been pulled. It. will be taken.up at the next...
Mr. Cruz: It will be taken...
Chairman Plummer: It's been pulled, sir. It will be taken up at the next Commission meeting.
Mr. Cruz: As a regular item? Perfect, perfect. Should be discussed as a regular item.
Chairman Plummer: No, no, it will not be discussed now. It will be at the next Commission meeting.
Mr. Cruz: No, no. Next Commission. OK, that's it. Thank you.
Chairman Plummer: OK. Mr.-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Well, good...
Chairman Plummer: You wish to discuss an issue?
Mr. Gonzalez-Goenaga: Good morning. Well, I wish to discuss many issues.
Chairman Plummer: Your name and mailing address, please.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga, 2469 Southwest 8th Street.
Chairman Plummer: You have two minutes, sir.
Mr. Gonzalez-Goenaga: Well, with this consent agenda, I can only generalize that many issues has been
taken away. If you haven't had the time to review it, can you imagine the normal citizens and especially the
ones who are not too intelligent? But on CA-9, has it been pulled. out?
Chairman Plummer: CA-9 is in.
Mr. Gonzalez-Goenaga: CA-6. Six, six, six.
8 April 27, 1999
Chairman Plummer: CA-6 has not been pulled.
Mr. Gonzalez-Goenaga: Well, I — do we really need heating in City Hall? I don't think we -- we already
have it.
Chairman Plummer: Is that a question, sir?
Mr. Gonzalez-Goenaga: No, no, no. Because we are going to spend for heating thirty-four thousand dollars
($34,000) here at City Hall.
Chairman Plummer: OK.
Mr. Gonzalez-Goenaga: And I don't think we need to spend money to have a heated place here.
Chairman Plummer: OK.
Mr. Gonzalez-Goenaga: OK. And, also, we" do ,have sometimes excessive air condition because it's quite
cool. So, in the essence...
Chairman Plummer: That's why we need the heating.
Mr. Gonzalez-Goenaga: We should have a balance here, a balance, you see, and that's what is lacking here.
Well, then more cars. CA-10, has it been pulled out? Every single agenda that I have -been coming here
since 1990, no matter who is Mayor, no matter who is sitting in this Commission, no matter who is City
Manager, cars, cars and more cars. Thank you.
Chairman Plummer: Thank you, sir. Is anyone else of the public wish to speak to the consent agenda?
Does anyone else wish to speak to the consent agenda? - Public hearing is closed. Motion by a
Commissioner.
Vice Chairman Gort: Move it.
Commissioner Regalado: Second.
Chairman Plummer: Moved by Gort. Seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
Vice Chairman Gort: I can't move and second.
Chairman Plummer:. What?
Vice Chairman Gort: I cannot move and second.
Chairman Plummer: Gort and Regalado.
9 April 27, 1999
NOTE FOR THE RECORD- ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER
FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION
AND/OR CLARIFICATION WILL BE AUTOMATICLALY
DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE
NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE VICE CHAIRMAN GORT
AND SECONDED BY COMMISSIONER REGALADO, THE
CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING
VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regal -ado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
6.1 ACCEPT BID OF MIAMI ELEVATOR FOR ELEVATOR MAINTENANCE SERVICE AT MIAMI
RIVERSIDE. CENTER ($9,769), WITH OPTION TO EXTEND TERM FOR THREE (3) ADDITIONAL
ONE-YEAR PERIODS -- ACCOUNT CODE NO. 504000.421901.6.340.
RESOLUTION 99-242
A RESOLUTION OF THE MIAMI COMMISSION ACCEPTING THE BID OF
MIAMI ELEVATOR COMPANY FOR THE. ELEVATOR MAINTENANCE
SERVICE AT MIAMI RIVERSIDE CENTER, ON AN AS -NEEDED
CONTRACT BASIS UNTIL SEPTEMBER 30, 1999, IN THE AMOUNT OF
$9,769, WITH THE OPTION TO EXTEND THE TERM FOR THREE
ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO
EXCEED $14,538 WITH A YEARLY 26% CONTINGENCY COST,
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
504000.421901.6.340 FOR SAID SERVICES.
10
April 27, 1999
6.2 ACCEPT BID OF SUNTORY WATER GROUP DB/A CRYSTAL SPRINGS WATER
COMPANY, FOR THE PROCUREMENT OF WATER SERVICES FOR VARIOUS CITY
DEPARTMENTS, ($30,170):
RESOLUTION NO.99-243
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF SUNTORY WATER GROUP DB/A CRYSTAL SPRINGS WATER
COMPANY, FOR THE PROCUREMENT OF WATER SERVICES FOR
VARIOUS CITY DEPARTMENTS, IN AN AMOUNT NOT TO EXCEED
$30,170, FOR A PERIOD OF ONE YEAR, WITH THE OPTION FOR TWO
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS THEREFOR
FROM THE VARIOUS USER DEPARTMENT BUDGETS.
6.3 ACCEPT THE BID OF D. E. GIDI & ASSOCIATES CORP., FOR "RIVERSIDE PARK
RESTROOM RENOVATION, B-6308", ($18,900); ALLOCATE FUNDS FROM PROJECT NO.
331395
RESOLUTION NO.99-244
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF D. E. GIDI & ASSOCIATES CORP., FOR THE PROJECT ENTITLED
"RIVERSIDE PARK, RESTROOM RENOVATION, B-6308"; IN THE.
AMOUNT OF $18,900; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO.331395 AS APPROPRIATED Y FISCAL YEAR 1998- 1999
APPROPRIATION ORDINANCE 11705, AS AMENDED, IN THE AMOUNT
OF $18,900 THE CONTRACT COST, $3,970 ESTIMATED EXPENSES,
TOTAL ESTIMATED PROJECT COST OF $22,780.00; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
6.4 ACCEPTING THE BID OF SAFECO A/C, INC. FOR PROCUREMENT AND INSTALLATION
OF TWO HEATING, VENTILATION AND AIR CONDITIONING UNITS AT CITY HALL,
($34,661); ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM, "A/C AND
H.V.A.C. SYSTEMS REPLACEMENT," PROJECT NO.311704
RESOLUTION NO.245
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF SAFECO A/C, INC., FOR THE PROCUREMENT AND
INSTALLATION OF TWO HEATING, VENTILATION AND AIR
CONDITIONING UNITS AT CITY HALL, IN AN AMOUNT NOT TO
EXCEED $34,661, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM, "A/C AND H.V.A.C. SYSTEMS
REPLACEMENT", PROJECT NO. 311704.
April 27, 1999
6.5 ACCEPT BID OF FORT LAUDERDALE HARLEY DAVIDSON FOR LEASE OF CERTIFIED
TRAFFIC LAW ENFORCEMENT MOTORCYCLES ($95.220)
RESOLUTION NO.99-246
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF FORT LAUDERDALE HARLEY DAVIDSON FOR THE LEASING
OF CERTIFIED TRAFFIC. LAW ENFORCEMENT MOTORCYCLES IN AN
AMOUNT NOT TO EXCEED $95.220, FOR THE DEPARTMENT OF
GENERAL SERVICE ADMINISTRATION FOR A PERIOD OF TWENTY-
FOUR MONTHS; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM, "REPLACING OF CITY-WIDE FLEET'.
PROJECT NO. 3211850.
6.6 ACCEPT BID OF MEF CONSTRUCTION; INC., FOR PROJECT ENTITLED "LITTLE HAVANA
STORM SEWER IMPACT FEE PROJECT B-5626" (SECOND BIDDING); ($44,765); ALLOCATE
FUNDS FROM PROJECT NO.352293
RESOLUTION NO.99-247
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF MEF CONSTRUCTION, INC., FOR THE PROJECT ENTITLED
"LITTLE 1 AVANA STORM SEWER IMPACT FEE PROJECT B-5626"
(SECOND BIDDING; IN THE AMOUNT OF $44,765.00; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO.352293 AS APPROPRIATED BY
FISCAL YEAR 1998-99 APPROPRIATIONS ORDINANCE NO. 11705, AS
AMENDED, IN THE AMOUNT OF $44,765 THE CONTRACT COST, $3,235
ESTIMATED EXPENSES, TOTAL ESTIMATED PROJECT COST OF
$48,000.00; AND AUTHORIZING .THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
6.7 ACCEPT BID OF GROVE NURSERY FOR PROVISION AND INSTALLATION OF PALMS
AND CORAL ROCK BOULDERS AS VEHICULAR BARRIERS AT HADLEY PARK, ($12,750),
FOR THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO.331403
RESOLUTION NO.99-248
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF GROVE NURSERY FOR THE PROVISIONAND INSTALLATION OF
PALMS AND CORAL ROCK BOULDERS AS .VEHICULARN BARRIERS
AT HADLEY PARK, IN AN AMOUNT NOT TO EXCEED $12,750,FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS
THEREFORE FROM CAPITAL IMPROVEMENT PROJECT NO.331403.
12
April 27, 1999
6.8 ACCEPTING THE BIDS OF ANTHONY ABRAHAM CHEVROLET AND GUS MACHADO
FORD, FOR POLICE SPECIALIZED UNIT VEHICLES, ($448,639.67); ALLOCATE FUNDS FROM
POLICE DEPARTMENT, ACCOUNT CODE NO. 142023.290499.6.840
RESOLUTION NO.99-249
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF ANTHONY ABRAHAM CHEVROLET AND GUS MACHADO FORD,
FOR THE PROCUREMENT OF POLICE SPECIALIZED UNIT VEHICLES,
PURSUANT OT EXISTING CITY BID NO. 97-98-179, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN
AMOUNT NOT TO EXCEED $448,639.67; ALLOCATING FUNDS
THEREFORE FROM POLICE DEPARTMENT, ACCOUNT CODE NO.
142023.290499.6.840.
6.9 ACCEPT BIDS .OF ALFA RADIATOR CORPORATION SERVICES AND UNITED DIESEL
RADIATOR FOR AUTOMOTIVE RADIATOR REPAIR SERVICES AND RADIATOR RECORDS,
ON AN AS -NEEDED CONTRACT BASIS FOR ONE YEAR; ALLOCATE FUNDS FROM
ACCOUNT CODE NO. 509000.420901.6.670, ($27,000).
RESOLUTION NO.99-250
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE.
BIDS OF ALFA RADIATOR CORPORATION AND UNITED DIESEL
RADIATOR FOR THE PROVISION OF AUTOMOTIVE RADIATOR
REPAIR SERVICES AND RADIATOR RECORDS, ON AN AS -NEEDED
CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO EXTEND
FOR TWO ADDITIONAL ONE YEAR PERIODS, WITH ANNUAL
INCREASES OF 5%, SUBJECT TO THE AVAILABILITY OF FUNDS, FOR
THE DEPARTMENT OF GENERAL SERVICES; ALLOCATING FUNDS,
THEREFORE FROM ACCOUNT CODE NO. 509000.420901.6.670, 1N AN
AMOUNT NOT TO EXCEED $27,000.00 FOR THE INITIAL CONTRACT
PERIOD.
13 April 27, 1999
6.10 ACCEPT BIDS OF INTERBORO PACKAGING CORPORATION, GLINTON SALES. INC.,
AND DISTRICT HEALTHCARE & JANITORIAL SUPPLY, INC., FOR CITY-WIDE
PROCUREMENT OF GARBAGE/TRASH BAGS, ON AN AS -NEEDED CONTRACT BASIS FOR
ONE YEAR ($30,000).
RESOLUTION NO.99-251
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF INTERBORO PACKAGING CORPORATION, GLINTON SALES,
INC. AND DISTRICT HEALTHCARE & JANITORIAL SUPPLY, INC. FOR
THE CITY-WIDE PROCUREMENT OF GARBAGE/TRASH BAGS, ON AN
AS -NEEDED CONTRACT BASIS FOR A ONE YEAR, IN AN AMOUNT NOT
TO EXCEED $30,000, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS THEREFOR
FROM VARIOUS USER DEPARTMENT BUDGETS.
6.11 ACCEPT BIDS OF I'VE BEEN FRAMED, AND ART & -FRAME MART FOR FRAMING
PROTOCOL DOCUMENTS, PICTURES AND CERTIFICATES CITYWIDE, ON AN AS -NEEDED
CONTRACT BASIS FOR TWO YEARS, ($10,000).
RESOLUTION NO.99-252
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF I'VE BEEN FRAMED, AND ART AND FRAME MART FOR
FRAMING- PROTOCOL DOCUMENTS, PICTURES AND CERTIFICATES
CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS FOR TWO YEARS,
WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE YEAR
PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $10,000.00;
ALLOCATING FUNDS THEREFOR FROM THE VARIOUS USER
DEPARTMENT BUDGETS.
6.12 ACCEPT BIDS OF ALINA SPORTSWEAR, INC., PENTAGON HEALTH CARE SERVICES,
EMBROIDER IT, INC., ZIPP SPORTING GOODS, CREATIVE HANDS, INC., AND MIAMI TO GO,
INC., FOR CITYWIDE PROCUREMENT OF T-SHIRTS AND GOLF SHIRTS, ON AN AS -NEEDED
CONTRACT BASIS FOR ONE YEAR, ($85,000).
RESOLUTION NO.99-253
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF ALINA SPORTSWEAR, INC., PENTAGON HEALTH CARE
SERVICES, EMBROIDER IT, INC.; ZIPP SPORTING GOODS, CREATIVE
HANDS, INC., AND MIAMI TO GO, INC., FOR THE CITYWIDE
PROCUREMENT OF T-SHIRTS AND GOLF SHIRTS, ON AN AS -NEEDED
CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO RENEW FOR
TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT
NOT TO EXCEED $85,000; ALLOCATING FUNDS THEREFOR FROM THE
VARIOUS USER DEPARTMENT BUDGETS AT TIME OF NEED.
14
April 27, 1999
6.13 APPROVE PAVING OF TWO BASKETBALL COURTS AT JOSE MARTI PARK BY AGILE
COURTS CONSTRUCTION COMPANY, INC., UTILIZING MIAMI-DADE COUNTY CONTRACT
NO. 1153-0/01-CW, FOR THE DEPARTMENT OF PARKS AND RECREATION ($22,797.60);
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM "JOSE MARTI PARK
DEVELOPMENT," PROJECT NO. 331385:
RESOLUTION NO.99-254
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PAVING OF TWO BASKETBALL COURTS AT JOSE MARTI PARK BY
AGILE COURTS CONSTRUCTION COMPANY, INC., UTILIZING MIAMI-
DADE COUNTY CONTRACT NO. 1153-0/01-CW, FOR THE DEPARTMENT
OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED
$22,797.60; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM "JOSE MARTI PARK DEVELOPMENT",
PROJECT NO.331385.
6.14 AUTHORIZE INCREASE IN FUNDING FOR THE ALTERNATIVE PROGRAMS, INC.,
($80,000); ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND, PROJECT NOS.
690001, 690002 AND 690003.
RESOLUTION NO.99-255
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
INCREASE IN THE FUNDING FOR THE ALTERNATIVE PROGRAMS, INC.,
IN THE AMOUNT OF $80,000; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002
AND 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATUTES, SECTION
932.7055, AS AMENDED, AND THE U.S. DEPARTMENT OF TREASURY,
"GUIDE TO EQUITABLE SHARING."
6.15 AUTHORIZE FUNDING OF KIDS OUT OF TROUBLE, AND ALLOCATE FUNDS ($14,000),
FROM LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 690003.
RESOLUTION NO.99-256
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF KIDS OUT OF TROUBLE, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $14,000, FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002 AND
690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE
CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF
THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA
STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
15 April 27, 1999
6.16 AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT.
WITH AON CONSULTING, INC., FOR CONSULTING SERVICES FOR THE PROCUREMENT OF
GROUP HEALTH INSURANCE, ($25,000); ALLOCATE FUNDS FROM DEPARTMENT OF RISK
MANAGEMENT ACCOUNT CODE NO. 514001.623301.6.270.
RESOLUTION NO.99-257
.A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH AON CONSULTING, INC., TO PROVIDE
CONSULTING SERVICES FOR THE PROCUREMENT OF GROUP HEALTH
INSURANCE, IN AN AMOUNT NOT TO EXCEED $25,000; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF RISK MANAGEMENT
ACCOUNT CODE NO. 514001.623301.6.270.
6.17 AUTHORIZE CITY MANAGER TO ACCEPT LEGISLATIVE LINE ITEM GRANT ($300,000)
FROM STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR THE
MIAMI RIVERWALK - RIVER CLEAN-UP AND SHORELINE RESTORATION PROJECT.
RESOLUTION NO.99-258
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO ACCEPT A LEGISLATIVE LINE ITEM GRANT IN THE
AMOUNT OF $300,000 FROM THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FOR THE MIAMI RIVERWALK - RIVER
CLEAN=UP AND SHORELINE RESTORATION PROJECT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT.
6.18 ACCEPTING PLAT: J. C. SUBDIVISION.
RESOLUTION NO.99-259
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED J.C. SUBDIVISION, A
SUBDIVSION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE
CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING
THE COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
16 April 27, 1999
6.19 ACCEPT PLAT ENTITLED WAL-GATE.
RESOLUTION NO.99-260
A RESOLUTION OF THE M AM CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED WAL-GATE, A
SUBDIVISION IN THE CITY OF N AMI, SUBJECT TO ALL OF THE
CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA.
7. APPOINT JAMES COURBIER AS MEMBER OF MIAMI SPORTS AND EXHIBITION
AUTHORITY.
Chairman Plummer: If I may, with the permission of my colleagues, I'd like to appoint Item 56 because
there is a meeting today and my appointee to that will be Mr. Jim Courbier and so that he can be sworn in
and serve on the meeting as of today. I would appreciate a motion by Gort. Seconded by Sanchez. 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. 99-261
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR A TERM
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
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.
17 April 27, 1999
8. RATIFY, APPROVE, CONFIRM ,MANAGER'S FINDING OF SOLE SOURCE: WAIVE
REQUIREMENTS FOR FORMAL COMPETITIVE SEALED BIDS AND APPROVE PURCHASE OF
"TEN U.S. FILTER/STRANCO POOL WATER TREATMENT SYSTEMS" FROM COMMERCIAL
ENERGY SPECIALISTS, INC., THE SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF
PARKS AND RECREATION, ($48,536); ALLOCATING FUNDS THEREFOR FROM THE SAFE
NEIGHBORHOOD PARK BOND PROGRAM, CAPITAL -IMPROVEMENT PROJECT NOS. 331070.
333113.331341, 331391, 331385.331313, 331360, 331316 AND 333107.
Chairman Plummer: We're now going to the regular agenda. The first item on the regular agenda is an
emergency item -and it is Item Number 2. It requires a four/fifths vote. It's the filter cool water treatment
systems for forty-eight thousand dollars ($48,000). Is there a motion?
Commissioner Regalado: I'll move it.
Chairman Plummer: Moved by Regalado. Seconded by Gort.
Vice Chairman Gort: I'll second it, but I would like to ask you a question.
Chairman Plummer: Question by Gort.
Vice Chairman Gort: What is — and this we discussed many of times. Why does it have to be a — what do
you call it? I beg your pardon? Sole source. That's why it's the...
Mr. Donald H. Warshaw (City Manager): That's why it's four/fifths, Commissioner.
Chairman Plummer: All right. We require two roll calls. Mr. Clerk, it's Item 2.
Mr. Walter J. Foeman (City Clerk): It's a resolution. Chairman Plummer, it's a resolution.
Chairman Plummer: It was moved by Gort. Seconded by Regalado.
Mr. Foeman: It's one roll call.
Chairman Plummer: Four/fifths vote is all that's required?
Mr. Foeman: Yeah. It's...
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show unanimous ballot.
18 April 27, 1999
The following resolution was introduced by Commissioner Regalado. who moved its adoption:
RESOLUTION NO. 99-262
A RESOLUTION OF THE MIAMI CITY COMMISSION. BY A
4/5THS AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF SOLE SOURCE: WAIVING
THE REQUIREMENTS FOR FORMAL COMPETITIVE SEALED
BIDS AND APPROVING THE PURCHASE OF "TEN U.S.
FILTER/STRANCO POOL WATER TREATMENT SYSTEMS"
FROM COMMERCIAL ENERGY SPECIALISTS, INC., THE SOLE
SOURCE PROVIDER, FOR THE DEPARTMENT OF PARKS AND
RECREATION, IN AN AMOUNT NOT TO EXCEED $48,536;
ALLOCATING FUNDS THEREFOR FROM THE SAFE
NEIGHBORHOOD PARK BOND PROGRAM, CAPITAL
IMPROVEMENT PROJECT NOS. 331070, 333113, 331341, 331391,
331385, 331313, 331360, 331316 AND 333107
(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.
19 April 27, 1999
9. AUTHORIZE AND ALLOCATE FUNDS. ($500,000), TO THE MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION, PROJECT SPONSOR FOR THE ACQUISITION AND
REHABILITATION OF AN EIGHTEEN (18) UNIT HOUSING PROJECT KNOWN AS THE
FERNWOOD APARTMENTS PROJECT, LOCATED AT 935 PENNSYLVANIA AVENUE. MIAM1
BEACH, FLORIDA, TO PROVIDE PERMANENT AFFORDABLE HOUSING OPPORTUNITIES
FOR LOW INCOME, PERSONS LIVING WITH HIV/AIDS IN MIAMI-DADS COUNTY:
ALLOCATING FUNDS THEREFOR FROM THE FY 1998-99 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT ACCOUNT NUMBER
194006.590606.6860.94654.
Chairman Plummer: Item 3. Item 3 is...
Vice Chairman Gort: Move it.
Chairman Plummer: Five hundred thousand =- well, I have a question. Why the Miami Beach community?
Mr. Warshaw: We are the dispensing agency in these HOPWA (Housing Opportunities for People with
AIDS) funds.
Vice Chairman Gort: For all counties.
Mr. Jeff Hepburn (Assistant Director, Housing): Throughout the county.
Chairman Plummer: OK. Now, let me also make sure. Mr. Manager, at any time funds are given for the
acquisition of property or buildings, a reverter is in every one of those that, when vacated or no longer used,
it cannot be sold. It has to come book to the City of Miami. That's in any and every land deal the City is
involved in. Am I correct?
Mr. Warshaw: Yes.
Chairman Plummer: Just want it on the record. Mr. Gort.
Vice Chairman Gort: I have a question also. Who supervises and audits the expenditures of these funds
carried on by another city?
Mr. Hepburn:- Again, the agency is the Miami Beach Community Development Corporation. The City of
Miami Department of Community Development will be responsible for the monitoring of that particular
activity.
Vice Chairman Gort: We are responsible?
Mr. Hepburn: That's correct.
Vice Chairman Gort: We, the City of Miami?
Mr. Hepburn: We're the grantee and we're responsible for that function.
Chairman Plummer: OK. It's a resolution. Is there a motion?
20
April 27, 1999
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez.
Mr. Gonzalez-Goenaga: Excuse me. A question.
Chairman Plummer: All right. This is not a public hearing, but a quick question.
Mr. Manuel Gonzalez-Goenaga: Oh, yes. Of course. Well, this agenda, we might as well break it because
on the top it says, "public hearing."
Chairman Plummer: Sir, I stand corrected.
Mr. Gonzalez-Goenaga: For the first time?
Chairman Plummer: With you, yes.
Mr. Gonzalez-Goenaga: OK. Well, now, what I want is a clarification.
Chairman Plummer: Fine.
Mr. Gonzalez-Goenaga: The thing is that, from what I heard here just now, we are in charge of distributing
all the money for Miami Beach, and probably all of Dade County, with the marvelous performance that we
have had, where we have been audited by HUD (Department of Housing and Urban Development) to the
tune of twenty million dollars ($20,000,000) in the red. Could I have an explanation? I cannot believe that
the Federal government can actually give us more responsibilities when we have not been able to do well in
the past issues.
Chairman Plummer: Mr. Manager, can you be more brief in your answer than his question?
Mr. Gonzalez-Goenaga: No. Because this type requires explanation.
Chairman Plummer: Sir, you asked a question. I'm trying to get you an answer. Mr. Manager.
Mr. Warshaw: I'm sorry, Commissioner. I didn't get the question.
Chairman Plummer: Nobody understands him anyhow.. But he asked a question, why did the federal
government give us the money when he thinks our system has been bad and been audited? And the answer
is very simply, that we were the key city who made the application for the grant. Any further questions?
Mr. Gonzalez-Goenaga: Well...
Chairman Plummer: Any further questions?
Mr. Gonzalez-Goenaga: Does that mean that we are answering — I mean, that we are administering the
21 April 27, 1999
grants of other cities, including Miami Beach?
Chairman Plummer: Yes, sir, that's correct.
Mr. Goenaga-Gonzalez: Gee, for everything? We really are changing here.
Chairman Plummer: That's true.
Vice Chairman Gort: Let me add to that.
Chairman Plummer: I hear Puerto Rico calling.
Vice Chairman Gort: Let me add to that, and correct me if I'm wrong. When I read the audit reports. I
didn't see anything -- any problem with the HOPWA grant itself.
Ms. Gwendolyn Warren (Director, Community Development): No, you did not.
Vice Chairman Gort: There was none in the report. Thank you.
Chairman Plummer: All right. Mr. Manager, you'd like to introduce somebody.
Mr. Warshaw: Yes. As long as_ we're talking about audits, .I'd like you to meet the new Director of the
Department of Internal Audits, just hired. This is his first week. Dr. Victor Igwe. Why don't you stand up
so that everyone could see you? Thank you.
Chairman Plummer: Very nice.
Vice Chairman Gort: Welcome
Chairman Plummer: Wait a minute. You get a 20 second commercial. Where are you from? What is your
background? We won't ask how much you're getting paid.
Mr. Victor Igwe (Director, Department of Internal Audits): Oh, OK. Before coming here, I worked for the
Auditor General. We audit for the State of Florida.:. We do different types of audits. I was responsible for
all the audits in Broward and Palm Beach County. We did all types of audits. Financial statement audits,
operational audits, single audit, single (unintelligible) audits, and I'm looking forward to putting in place a
First Class Internal Audit Department for the City of Miami.
Chairman Plummer: Nice to have you aboard.
Mr. Igwe: Thank you very much.
Chairman Plummer: Item Number 4. This is aids again money. Three million two hundred seventy-four
thousand seven hundred and sixty-four.
Mr. Walter Foeman (City Clerk): We need to call the roll on Item 3.
Chairman Plummer: Moved by — I'm sorry?
Mr. Foeman: We need to call the roll on Item 3. We didn't finish the roll call.
22
April 27, 1999
Chairman Plummer: Well, finish it. Is it a resolution?
Mr. Foeman: Resolution.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-263
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND ALLOCATING FUNDS, IN THE AMOUNT OF
$500,000, TO THE MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION, PROJECT SPONSOR FOR THE ACQUISITION
AND REHABILITATION OF AN EIGHTEEN (18) UNIT HOUSING
PROJECT KNOWN AS THE FERNWOOD APARTMENTS
PROJECT, LOCATED AT 935 PENNSYLVANIA AVENUE, MIAMI
BEACH, FLORIDA, TO PROVIDE PERMANENT AFFORDABLE
HOUSING OPPORTUNITITES FOR LOW INCOME, PERSONS
LIVING WITH HIV/AIDS IN MIAMI-DADE COUNTY; -
ALLOCATING FUNDS THEREFOR FROM THE FY 1998-99
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM GRANT ACCOUNT NUMBER
194006.590606.6860.94654, FOR THE PROVISION OF SAID
SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECT SAID
ALLOCATION AND IMPLEMENTATION OF THE PROJECT.
(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.
23 April 27, 1999
10. CITY MANAGER TO REALLOCATE $3.274.764 IN FY 1998-99 HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDS -- MANAGER TO SUBMIT
AMENDMENT TO THE CITY'S ANNUAL ACTION PLAN FOR APPROVAL BY THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SAID REALLOCATION.
Chairman Plummer: We're now on Item 4
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I move the item, but I would like the administration to basically...
Chairman Plummer: Sir, you can't discuss it until I get a second.. Seconded by Gort. Now, under
discussion.
Commissioner Sanchez: I would like the administration to give a brief detail of what HOPWA (Housing
Opportunities for People with AIDS) does and how it's administered because people are basically confused
or they may be -- not know exactly what HOPWA does. And being that I have been appointed to HOPWA,
you know, the people here and the people viewing Channel 9 would like to know exactly what HOPWA and
the responsibilities because we're seeing three million dollars ($3,000,000) being given away and we see
money that's been given away throughout Dade County, but there is a reason why and people should know
that reason.
Vice Chairman Gort: Also, while you're at it, explain the process, how the funds are allocated and the
people that do the decision before it comes to us.
Mr. Jeff Hepburn (Assistant Director, Housing): Well, basically, the City of Miami receive, on the average,
about seven to eight million dollars ($8,000,000) a year for the HOPWA program. HOPWA basically
means House Opportunities for Persons Living with AIDS (Acquired Immune Deficiency Syndrome).
Those funds are utilized by the City. We administer those funds countywide. Those funds are essentially
utilized to provide housing and housing -related services to persons living with AIDS. We provide long-term
rental assistance, mortgage, short -tern mortgage assistance to those particular clients. We also provide
utility assistance, in terms of their utilities being turned off, because they're unable to work or pay for those
particular costs. We also provide permanent housing, and that's what you're approving today. A couple of
projects that provide permanent housing for clients living with HIV/AIDS.
Chairman Plummer: All right.
Mr. Hepburn: The process, basically, the City's responsible for administering those dollars. The
Commission here makes those particular awards. Recently, the County created a countywide Miami -Dade
HOPWA Advisory Board, which we have representation.
Chairman Plummer: Thank you, sir. OK.
Vice Chairman Gort: My understanding is, the board receives all the proposals, the voters vote on it and,
and that's what comes in front of us.
Chairman Plummer: That's correct.
24 April 27, 1999
Mr. Hepburn: That's correct.
Vice Chairman Gort: And those are the people -- many of them recipients and clients of this service.
Mr. Hepburn: That's correct.
Chairman Plummer: OK.
Vice Chairman Gort: Thank you.
Chairman Plummer: OK. Is there a motion? Made by Sanchez. Seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-264
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
REALLOCATE $3,274,764 IN FY - 1998-99 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA).
PROGRAM FUNDS AS STIPULATED IN RESOLUTION NO. 98-
402.1 WHICH APPROVED IN PART THE CITY OF MIAMI'S FY
1998-99 ACTION PLAN AND THE PROJECTED USES OF SAID
FUNDS FOR THE HOPWA PROGRAM; FURTHER AUTHORIZING
AND DIRECTING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE CITY'S ANNUAL ACTION PLAN FOR
APPROVAL BY THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR ' THE REALLOCATION OF THE
SAID HOPWA FUNDS, AND TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
25 April 27, 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.
11. AUTHORIZE ALLOCATION OF FUNDS, ($425,000), TO BAME DEVELOPMENT
CORPORATION OF SOUTH FLORIDA. INC., SPONSOR FOR BETHEL .ARMS APARTMENTS,
LOCATED IN OVERTOWN AT 269 NORTHWEST 8TH STREET, ALLOCATE FUNDS FROM THE
FY 1.998-99 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM
GRANT ACCOUNT NUMBER 194006.590606.6860.94654 — DIRECT ADMINISTRATION TO
ENSURE CITY STANDARDS OF QUALITY OF LIFE IN THE BETHEL ARMS APARTMENTS
PROJECT.
Chairman Plummer: Item 5, four hundred and twenty-five thousand dollars ($425,000) for BAME
Development for 12-unit housing project known as Bethel Arms Apartments.
Commissioner Teele: So moved.
Commissioner Sanchez: Second.
Chairman Plummer: Moved by Teele. Seconded by Sanchez. Is'there any further discussion?
Vice Chairman Gort: Also, it is important to explain this is a federal grant, not City funds.
Chairman Plummer: OK. So noted. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
26
April 27,.1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-265
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT
OF $425,000, TO BAME DEVELOPMENT CORPORATION OF
SOUTH FLORIDA, INC., PROJECT SPONSOR FOR THE
ACQUISITION AND REHABILITATION OF A TWELVE (12) UNIT
HOUSING PROJECT KNOWN AS BETHEL ARMS APARTMENTS,
LOCATED IN THE OVERTOWN TARGET AREA AT 269
NORTHWEST 8'." STREET, MIAMI, FLORIDA, TO PROVIDE
PERMANENT AFFORDABLE HOUSING OPPORTUNITIES FOR
LOW INCOME PERSONS LIVING WITH HIV/AIDS; ALLOCATING
FUNDS THEREFOR FROM THE FY 1998-99 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM GRANT ACCOUNT NUMBER
194006.590606.6860.94654, FOR THE PROVISION OF SAID
SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECT SAID
ALLOCATION .AND IMPLEMENT THE PROJECT.
(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 6.
Commissioner Teele: Mr. Manager?
Chairman Plummer: Mr. Teele.
Commissioner Teele: On this item, which I moved, I want to make sure that the same policies that I've been
enunciating in this district cant' forth, notwithstanding the fact that I support this project. I want to make
sure that the Planning Department, Building and Zoning Department, and all of the appropriate departments,
including the Police Department, ensure that, when this project comes on line, that it is inhabitable by
people based upon the City standards of quality of life. We've too long felt we just got to get housing and
27 . April 27, 1999
we know what the results -of that. Chief Warshaw, we've walked through many of these houses that don't
have parking, don't have room for playgrounds, don't have room for anything, and I don't want to. a�uain.
start down that -- 1 mean, what's sauce for the goose is sauce for the gander. 1 mean. I support this project
but I want to make sure that it is a quality of life type of issue, that we don't waive any of our zoning and our
planning and our City rules and regulations. And, Reverend White, that's not. at all, to be unfair but it's just
to have one standard that applies to all organizations and we're doing this with everybody.
Mr. Warshaw: You have my commitment.
12. REALLOCATE $100,000 FROM PREVIOUSLY APPROVED 24T" YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS IN THE PUBLIC FACILITIES CATEGORY
TO THE CENTER FOR HAITIAN STUDIES, INC. (CHS) TO COMPLETE ROOF REPAIRS AT 8260
NORTHEAST 2ND AVENUE; SAID REALLOCATION IDENTIFIED AS $50,000 FROM THE 24T"
YEAR ALLAPATTAH AND EDISON LITTLER RIVER SIDEWALK IMPROVEMENT PROJECTS
AND TO BE REPLACED BY MONIES RECEIVED FROM THE GAS TAX SETTLEMENT CHECK
ISSUED BY THE STATE OF FLORIDA.
Chairman Plummer: Item 6, roof repairs for the building...
Commissioner Teele: So moved.
Chairman Plummer: ...8260 Northeast 2nd Avenue.
Commissioner Teele: So moved.
Commissioner Sanchez: Second.
Chairman Plummer: To be made in two equal payments of fifty thousand. Moved by Teele. Seconded by
Sanchez. Under discussion. Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I hear we're going on the reallocation and
all that. Why? What we need in Allapattah is to have the sidewalk fixed. I walk down there. I see the
Department of Public Works is doing a good job. I see, like on 25 Street, by the public housing, they fixed
all that. They've been fixed, but still we need more fixing to do. We already gave -- are giving moneys from
the market study to the...
Chairman Plummer: Mr. Cruz?
Mr. Cruz: Why?
Chairman Plummer: Would you speak to the issue?
Mr. Cruz: Yeah; to the issue. Why the money is given — is reallocated? Why? Can they take the money
from administration in the CDBG (Community Development Block Grant) grant? They get up to 20
percent...
Chairman Plummer: Your question is, why is the money being relocated? Mr. Manager, would you give
him an answer?
28 April 27, 1999
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Before the Management starts. I think it's important that the public know that the
City is -- the moneys that have been reallocated is only half of the equation. Other moneys have been
reallocated to fill that in, so it's just taking money out of the right pocket, but it's a...
Mr. Cruz: The shell game.
Commissioner Teele: It's not a shell game. It's a question of eligibility. The gas tax settlement funds,
which have come in -- we have the check in-house, right?
Mr. Donald Warshaw (City Manager): Yes, sir.
Commissioner Teele: The gas check — the gas tax settlement funds, which go back to 1993 or early 1990
litigations, will go into the same areas that these funds are being used for. In other words, we can use gas
tax funds for the sidewalk but we can't use the gas tax fund for the roof and, so, it's just a question that
nobody is being disadvantaged; no one is taking —losing money. It's a question of making sure that we're
using CD (Community Development) funds for CD activities and gas tax funds for gas tax activities. And I
just think — you know, I don't object to you asking the question. I think it's a very good. But I think it
should be very clear that the money is not coming at the expense of Allapattah or Wynwood or any other
area and you cannot use the gas tax funds for administration, which is your question. So, there is — it's a
zero sum game, if you understand what I'm saying. No one is losing.
Mr. Cruz: Can they give me a status report on the building — on the construction repair of the sidewalks in
Allapattah?
Chairman Plummer: Yes, sir. We'll be glad to give you an update.
Mr. Cruz: I walk Allapattah, OK. Maybe you don't work Allapattah but I work Allapattah.
Chairman Plummer: I hear you, sir.
Vice Chairman Gort: Mariano, let me explain to you the — when this thing was in front of us, we requested
of Public Works and CDBG the status of the buildings that were going to be taking place, the capital
improvements sidewalks, which, you know, in two blocks from you, they did...
Mr. Cruz: I know. I seen. I work there.
Vice Chairman Gort: Let me finish, please. They did the whole sidewalk on that side and they continue to
do so. My understanding was, this roof needed to be implemented immediately because it was leaking. My
understanding also was, that the funds, they were not ready to begin the second process in Allapattah but the
other funds were coming in, like Commissioner Teele was explaining to you. So, at no time, was the job
was not going to be done or the funds were not going to be put in Allapattah. I just want you to know that.
29 April 27, 1999
Mr. Cruz: No. Because surprise me, those reallocations were going to the Tower Theater and somebody
come here and told me that we or the board did something and. then, the Commission did whatever the\
want to do, you know. And that's been happening before.
Chairman Plummer: Thank you, sir. All right. It was moved by Teele and seconded by Sanchez. All in
favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-266
A RESOLUTION OF THE MIAMI CITY COMMISSION
REALLOCATING $100,000 FROM PREVIOUSLY APPROVED 24T"
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECTS IN THE PUBLIC FACILITIES CATEGORY TO THE
CENTER FOR HAITIAN STUDIES, INC., (CHS) TO COMPLETE
ROOF REPAIRS AT THE AGENCY'S FACILITY LOCATED AT
8260 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA; SAID
REALLOCATION SPECIFICALLY IDENTIFIED AS EQUAL
INCREMENTS- OF $50,000 FROM THE 24h' YEAR ALLAPATTAH
AND EDI.SON LITTLE RIVER SIDEWALK IMPROVEMENT
PROJECTS; ALSO AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CHS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO
APPLICABLE CITY CODE PROVISIONS; AND FURTHER
STIPULATING THAT CDBG FUNDS TAKEN FROM THE
ALLAPATTAH AND EDISON LITTLE RIVER SIDEWALK
IMPROVEMENTS BE REPLACED BY MONIES RECEIVED FROM
THE GAS TAX SETTLEMENT CHECK ISSUED BY THE STATE OF
FLORIDA.
(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.
30 April 27, 1999
13. DEFER CONSIDERATION OF PURCHASE -AND INSTALLATION OF CARPET FROM DUFFY
AND LEE COMPANY. FOR POLICE HEADQUARTERS BUILDING.
Chainnan Plummer: I'm asking that the next item be deferred. And what I'm asking for. this matter was not
put out to a bid. You cannot convince me, with the amount of carpet companies in the Cite of Miami or
even in Dade County, that we can't do business in this county or in this city for four hundred and fifty
thousand dollars (4450,000) worth of carpet. So, I would ask that this matter be deferred and it go out to a
bid. I'll move it. Somebody second it.
Commissioner Regalado: Second
Mr. Manuel Gonzalez-Goenaga: Deferment.
Chairman Plummer: All right. No, the matter is being deferred. You can't speak to the issue. Only to the
deferment.
Mr. Gonzalez-Goenaga: To the deferment?
Chairman Plummer: Yes, sir.
Mr. Gonzalez-Goenaga: Well, the problem is that this has already been done. That's my perception.
Because this has come before us. We denied it and it now comes on an emergency basis.
Chairman Plummer: All right, sir.
Mr. Gonzalez-Goenaga: Could I ask the question, if this has been spent already?
Chairman Plummer: The answer is no. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO. 99-267
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 6A
(APPROVE ACQUISITION AND INSTALLATION OF CARPET
FROM DUFFY AND LEE COMPANY; WAIVE THE
REQUIREMENT FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND APPROVE THE PROCUREMENT OF VINYL
FLOORING IN TOTAL CONTRACT AMOUNT NOT TO EXCEED
$450,000; FURTHER DIRECTING THE CITY ADMINISTRATION
TO ISSUE REQUEST 'FOR PROPOSALS IN CONNECTION WITH
SAME.
31 April 27, 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.
Chairman Plummer: We're now on Item 7. Mr. Frank Spence.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: May I just inquire very briefly...
Chairman Plummer: Absolutely.
Commissioner Teele: ...of the management? Why did you all take this approach? I mean; is there another
side to the coin on this?
Major Longueira: Yes, sir. We called local City vendors, like the Commissioner wanted, to get them to
come in and survey our building.
Chairman Plummer: But no bids?
Major Longueira: When they see the amount of work involved, they have to, not just supply carpeting, they
have to tear up the old carpeting, put in the new carpeting; they have to move all the furniture, all the phone
systems, all the computer systems, lay the carpeting and, then, put it back.
Commissioner Teele: But was there ever a bid?
Chairman Plummer: No.
Unidentified Speaker: No, there was no bid because, when we called in companies to look, they say, "We
can't do this work."
Chairman Plummer: Mr. Manager, in the — did you get your answer?
Commissioner Teele: Yeah. The answer to that, though, is — I mean, as much as I disagree with the notion
that bid — that work has to go in the City of Miami, if there are other qualified bidders somewhere else that
are able to do the price cheaper, this is not one of those issues. I mean, you know...
Chairman Plummer: No. We don't know.
32
April 27, 1999
Commissioner Teele: Commissioner Plummer always says, let the work go in Miami and I say. let it =o in
Miami if that's the lowest bid.
Chairman Plummer: Lowest and most responsible.
Commissioner Teele: Lowest and responsive bid.
Chairman Plummer: And within 10 percent.
Commissioner Teele: The only issue here is, if I could — and I would recommend you talk to your own
GSA (General Services Administration) — is, you just have a bid, a simple bid -- this is not a big deal -- and
require a pre -bid conference.
Chairman Plummer: That's it.
Commissioner Teele: Just require a pre -bid conference. If they don't come to the pre -bid conference -- and
you may wind up with just one bidder.
Chairman Plummer: And if that's the case, so be it. Mr. Manager, I would appreciate in the future, on all
agenda items, that there be an indication as to whether or not it went out to a bidding or it did not go out to a
bidding so that, we, the Commissioners-, as we read the agendas, will know that there was a bid and we can
then assume to look at the bids or no bid and that would be the opposite side of the coin.
Mr. Manuel Gonzalez-Goenaga: And the need for the expense also.
Chairman Plummer: Thank you. Thank you.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I have a question.
Chairman Plummer: All right. Mr. Mayor, I'm sorry but he will be brief, I'm sure.
Commissioner Sanchez: How many times have we rebidded on something and we end up going with
another firm or another company and we end up paying more money than the first bid? Has that ever
happened?
Chairman Plummer: Of course, it has.
Commissioner Sanchez: Then, is that.smart government?
Chairman Plummer: But the problem here...
Commissioner Sanchez: But wait, wait, wait. J.L., I agree with you.
Chairman Plummer: ...there's no bid.
33 April 27, 1999
Commissioner Sanchez: Local vendors should be given top priority. They live in this City. They work in --
their business is in the City. They pay taxes in the City.
Chairman Plummer: Absolutely.
Commissioner Sanchez: But let me tell you, sometimes, when we get here and we play these games to rebid
and rebid, in the long run, we end up taking another company. And I know of several occasions that I'm not
going to bring up because I may embarrass somebody. But I'll tell you this much, we end paying more
money on the second bid than the first bid. We waste time and money and that's not smart government.
Chairman Plummer: I couldn't agree with you more but, you know, if you don't go to a bid, you'll never
know whether you got the best price. And let's also remember — and I want to commend the Purchasing;
Department has done an excellent job in trying to seek out local people to do our work. But, you know, it's
just amazing, as I drive down the street and see the amount of carpet companies that are in this City. that
we've got to go to Ft. Lauderdale to get a company. You know, it might wind up being that's the company
but let me tell you something, right now we don't know. Mr. Mayor.
14. REFER TO MANAGER REQUEST BY REPRESENTATIVES OF MIAMI SPRINGS
CONCERNING THE LEASING OF A PORTION OF THE MIAMI SPRINGS GOLF COURSE.
Mr. Frank Spence: My name is Frank Spence, City Manager of Miami Springs.
Chairman Plummer: Welcome.
Mr. Spence: Mr. Chairman and members of the Commission, I wish to introduce my mayor at this time,
John Cavalier, Jr., Mayor of Miami Springs.
Mayor John Cavalier: Thank you very much.
Chairman Plummer: Mr. Mayor, nice to have you. And I'm sorry that 1 did not call you up. I should have at
the very beginning of this meeting and I apologize.
Mayor Cavalier: Very educating for me and I was glad to see how government works. We're here today to
review a request to the Commission concerning the golf course property. As you know, we purchased a golf
course. We agreed to a deed restriction that would...
Chairman Plummer: Mr. Mayor, in your City, if you talk too long, you lose.
Mayor Cavalier: OK.
Chairman Plummer: You're for an approval. Mr. Manager.
Mr. Donald Warshaw (City Manager): We have no problem with this. We will negotiate with Miami
Springs and resolve it.
Chairman Plummer: All right.
Commissioner Teele: I move the approval with conditions.
34 April 27, 1999
Chairman Plummer: Motion made by Teele.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado.
Ms. Laura Billberry (Director, Asset Management): No, no, no. Excuse me.
Chairman Plummer: By Gort.
Ms. Billberry: Excuse me. We need to clarify what they're requesting versus what's here. Because I believe
they were going to request a waiver of the deed restriction, whereby the City would not be recouping on its
-- the 50 percent share.
Chairman Plummer: What I just heard the Manager say, send it to him for negotiations and that's what we're
doing.
Mr. Warshaw:. But if they're requesting something other than that, I think, they — I agree that Mr. Mayor
should state it.
Ms. Billberry: I think we need to clarify.
Chairman Plummer: Are you requesting something other than what is on the table?
Mr. Spence: No. The only thing we're suggesting, we're requesting you waive the fee as the towers are not
commercial development, which we agreed to when we — at the restriction, saying that we would not do any
redevelopment or any commercial use of the property without a leasing, without splitting the profits. We're
contending this is not a lease. It's not a commercial development and, therefore, we're asking for that
portion of the...
Chairman Plummer: Do you understand it, Mr. Manager, any differently?
Mr. Warshaw: I understand what he's asking for and we're recommending to approve this but there are
some conditions based upon the deed restrictions. So, this is a personal appearance. There is no...
Chairman Plummer: All right. So, what do you want?
Mr. Warshaw: ...legislative...
Chairman Plummer: You want us to send him to you now for negotiations?
Ms. Billberry: The Commission has before them basically two requests. One is to allow them permission to
enter into a lease with Sprint. The second request that he's requesting is to waive the fees that would be due
to the City under the deed restriction. What my recommendation is is that, while the negotiations that did
take place and when the deed restriction was developed, was based on discussions of whether or not they
would be building or selling off part of the property. The language was written to cover leases of this
nature. Therefore, we are entitled to receive 50 percent of the lease payments after deduction of their
development costs and acquisition.
Chairman Plummer: Mr. Mayor.
35. April 27, 1999
Mayor Cavalier: Well, we simply state that this is not a development. This is a federal requirement, as VOLT
know. These towers are being put all over the country and all over the counties.
Chairman Plummer: OK. I'm getting in this left ear over here the fact that they want to have the La%N
Department, as well as the Manager look at it. I think what we need to do, as the Commission, is to send it
to them with our blessing and, hopefully, that it can be worked out. If not, that it be brought back to the
Commission at a later date.
Mayor Cavalier: OK, fine.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The motion then would be to...
Chairman Plummer: Send it to the Manager.
Commissioner Teele: ...send it to the Manager and the Attorney for a review, with it to come back for a
final agreement based upon what the two parties can work out. I would just like to know for the record,
what is the amount in controversy?
Ms. Billberry: I don't know if they have had an opportunity to calculate the figures. We've not been
provided their acquisition and development costs. They have a lease that proposes around twenty-four
thousand in revenue to them in the lease payments.
Commissioner Teele: Twenty-four thousand a year?
Ms. Billberry: Yes.
Mr. Spence: Right.
Mayor Cavalier: Split 50/50.
Commissioner Teele: Twenty-four thousand a year and they would be entitled to -- we would be entitled to
50 percent after what?
Ms. Billberry: Deduction of development and acquisition costs.
Mr. Spence: Which will be minimal. It'll be minimal.
Mayor Cavalier: Less than five hundred dollars ($500). :
Commissioner Teele: See, that — you know, sometimes these deals get — it sounds like we're talking about
one thing but when you start talking about numbers' --'if it's twenty-four thousand dollars ($24,000) less
development costs.-- and I can guarantee you, unless you got some brakes on the development costs, the
development costs is going to be twenty-three thousand nine hundred and ninety-nine dollars ($23,999).
Mr. Spence: It's twelve thousand to the City of Miami. Fifty/fifty. Twenty-four thousand is gross.
36 April 27, 1999
Fifty/fifty under the arrangements. So. it would be Miami — City of Miami would be entitled to twelve
thousand less. Approximately, five hundred dollars ($500) development costs.
Chairman Plummer: We're getting the same amount as what you're getting?
Mr. Spence: Yes.
Chairman Plummer: The check you receive is the same amount as the check we receive?
Commissioner Teele: And you object to paying us the twelve...
Mayor Cavalier: Yeah. We're saying simply, Commissioner, that this was never considered as part of the
agreement. The main concern, when we purchased the golf course and the deed restriction, was that we
would not — and we had many people, at the time they were selling it, wanted to come in and develop the
property. We said, we have no intention and we do not and we have not had any plans whatsoever for any
development. So, the concern was that we would sell off parcels and then we would keep the profits, et
cetera. We said we have no problem with the deed restriction. Now, again, this type situation -- in fact,
when this contract was developed, was never even considered because there... .
Commissioner Teele: But, Mr. Mayor, do you object — I mean, is your purpose here to say we, the City of
Miami Springs, would like to keep the full twenty-four thousand...
Mayor Cavalier: That's exactly -- that's correct.
Commissioner Teele: ...and not give the City of Miami, that is clearly'in a financial emergency...
Mayor Cavalier: Yes, that's what I'm saying.
Commissioner Teele: ...and is straining to come up with money. We don't want to...
Chairman Plummer: That's not what you're saying.
Mayor Cavalier: Yes, it is. We do have a golf course that we have to maintain as well and we do have
some operating expenses there.
Commissioner Teele: Well, I would hope that we could hold the line. I mean, I think what we could wind
up doing is making a small matter like this wind up — the Oversight Board would have to approve it. They
would never approve us. Even if we were to do it — I mean, you know, the nice, politically correct thing to
do would be to approve it and then do the way everything else does, then everybody picks up the phone and
calls "The Miami Herald" and calls Oversight Board and tell them to kill it down there and we look like the
good guys. But, I mean, I think, basically, this Commission has dealt with people in the straight face.
There's no way we could — there's no way, given the financial emergency that we're in, even though the
amount of money is not significant in terms of dollars for a municipality, there's just no way, as a matter of
principle, we could approve that during the financial emergency.
Chairman Plummer: All right. We're sending it over to the Manager. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
37 April 27, 1999
The following motion was introduced by Commissioner Teele. who moved its adoption:
MOTION NO. 99-268
A MOTION REFERRING TO THE CITY MANAGER AND CITY
ATTORNEY AGENDA ITEM 7 (PERSONAL APPEARANCE BY
FRANK SPENCE, CITY MANAGER OF MIAMI SPRINGS, AND
JOHN A. CAVALIER, MAYOR OF MIAMI SPRINGS) REGARDING
LEASING A PORTION OF THE MIAMI SPRINGS GOLF COURSE;
FURTHER DIRECTING THE MANAGER THAT FOLLOWING THE
CONCLUSION OF SAID NEGOTIATIONS, TO BRING BACK A
RECOMMENDATION BEFORE THE CITY COMMISSION FOR ITS
CONSIDERATION, REVIEW. AND POSSIBLE APPROVAL OF
FINAL AGREEMENT.
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.
15. INSTRUCT MANAGER TO STUDY WITH POLICE CHIEF FEASIBILITY OF SURVEILLANCE
CAMERAS IN THE LITTLE HAITI NEIGHBORHOOD TO ADDRESS ILLEGAL DUMPING OF
TRASH AND DEBRIS --AND COME BACK WITH RECOMMENDATION —ESTABLISH SPECIAL
CLEANUP CAMPAIGN.
Chairman Plummer: Ms. Hattie Willis, President from the Neighbors United Neighborhood Association to
address the problems in her neighborhood. Mrs. Willis, are you present?
Ms. Hattie Willis: Yes,1 am, sir.
Chairman Plummer: All"right.
Mr. Jim Keane: We have a small tape to open with and we called to make arrangements for a VCR (video
camera recorder).
Chairman Plummer: OK.
Ms. Willis: Good morning. Good morning to everyone.
Chairman Plummer: Let me, if I may, while they're setting up this -- the people that are here on, I guess, the
38 1 April 27, 1999
big item of the day, Mr. Kreutzer. is garbage. "basura" will not be heard this morning. all right. And the
reason for that is, I have been informed that Mr. Regalado will have to leave about 11:30 and I can assure all
of you, we will not be to Item 53 by 11:30. So, I would. on that issue so important. would want a full
Commission, OK? So, any of you that are here on that issue, go have an extended lunch period. As it
stands right now, the earliest that we would be back from lunch would be two o'clock.
Commissioner Sanchez: No, you said...
Chairman Plummer: I said the earliest. It might be "tiempo latino" and "mas o' menos", but the earliest
would be two o'clock. All right. Mrs. Willis, for the record — excuse me. Mrs. Willis is the agenda item.
For the record, would you state your name and your mailing address, please.
Ms. Willis: My name is Hattie Willis and I live at 5510 Northwest 1st Avenue, Miami, Little Haiti.
Chairman Plummer: If that's part of her presentation that she requires?
Mr. Keane: Yes, it is.
Chairman Plummer: If I may inquire.
Mr. Keane: It will only take a minute.
Chairman Plummer: You want to give us a dialogue of what we're seeing.
Ms.. Willis: This is my neighborhood. This is where I live.
Chairman Plummer: You're trying to tell us that there's a robbery going on?
Ms. Willis: No. What I'm trying to tell you, there's an abundance of trash; rats about this big; kids playing
in garbage, and we've been cleaning this up since the last time you saw us, on February the 8th. A group of
concerned citizens — I'm sorry. OK. A group of concerned -citizens and people from our community,
Community United, with our local NET (Neighborhood Enhancement Team), we've gotten together and in
the last -- since you seen on us on February the 9th, we picked up on every Saturday 280 tons of trash.
Chairman Plummer: Tons.
Ms. Willis: Tons of trash that's been illegally dumpedin our neighborhood and we wanted to show you
some pictures. Just look for just a brief minute. It's only going to take another minute and you'll see the
trash, 280 tons. - And rats as big as cats.
Chairman Plummer: Where's Mr. Patterson?
Mr. Keane: The project that's being shown here is one of Saturday's clean-ups, a joint effort of Community
United.
Ms. Willis: Yes.
Mr. Keane: And we're working with the Division of Inmate Services. There are inmates part of this project.
It's coordinated by the Little Haiti NET office. It's every Saturday. So, this is just showing the clean up that
was taking — that has taken place last Saturday. My name is Jim Keane, 153 Northeast 44th Street.
39 April 27, 1999
Chairman Plummer: You know, I wish you would have invited me. I would have loved to have �(OVen
certificates to these people, as well as we did for the people of Wynwood. I would be happy to do it in the
next Commission meeting if you'll give me the names involved, to let the people know...
Mr. Keane: This is an ongoing project. It's every Saturday. We're scheduled to go about another 12 or 14
weeks. On May the 8th -- this is just an illegal dumping site that's being shown. This is one of numerous
throughout Little Haiti.
Ms. Willis: This is five blocks from my house. This is my home. This is where I live.
Mr. Keane: Last month, Assistant City Manager, Mr. Martinez, and a group of department heads, took a
tour of the Little Haiti area. I was a part of that tour. We saw these areas. This is really a crisis situation in
our neighborhood. On May 8th, we're having a clean up on 79th Street. At that time, it's going to be
followed by a block party for the community. Everyone on this Commission will be notified and invited to
attend and see the type of -work that's going on in our area. These are all volunteers that are there each and
every Saturday morning picking up trash that they didn't put there.
Chairman Plummer: Let me tell you, at noon today we will have the press conferences relating to the lot
clearing. We will be also showing the 27 new code enforcement inspectors who are going to be out
addressing these kind of problems, lot clearing, abandoned automobiles, unsafe structures, and illegal
dumping.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: So, you're going to have 27 more people online than what you have today. Mr. Gort.
Vice Chairman Gort: Mr. Chairman; these pictures fit in there, in Wynwood, in Model City...
Chairman Plummer: Absolutely.
Vice Chairman Gort: ...in Allapattah and, all through, the City of Miami. And I've been saying it for the
last two years, the NET, they know where the _ it's not illegal anymore. Now it's become legal because we
pick it every Tuesday. So, it's not illegal dumping anymore. This has become legal dumping for people
outside of the City of Miami. I have requested for time, the only way we're going to get rid of this is by
fining people, putting people in jail, because that's the only way they're going to learn.
Chairman Plummer: Fort Lauderdale's...
Vice Chairman Gort: Because we go and we clean up and they dump right after we clean up. So, I've
requested it many times, put"your inspector, put your policemen, put someone in there, and with the fines
that we can implement, we can pay for the extra service that we can provide in there. This is something that
we've been saying for three years. We know where all illegal dumping is taking place. It now has become
legal. And we know where they are. What we need is to put undercover people there; find those people;
take them to jail, and they won't do it again. That's the only way they'll learn, unfortunately.
Chairman Plummer: Well, the problem that you have, Mr. Gort — and I'll give you the example that's close
to my house, where we had illegal dumping. Mr. Martinez, the man that.dumped 200 tires on 19th and
Dixie Highway, we caught on film. What did the judge & for him?
40 April 27, 1999
Mr. Raul Martinez (Assistant City Manager/Operations): I'm not sure of that case specifically but probable
not much, Commissioner.
Chairman Plummer: He got a fine, I think, of about a hundred dollars ($100). OK.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, with all — with your indulgence, Ms. Willis and a group of people
have prepared a — I think a very sincere presentation. I think we should give them the courtesy of focusing
on their area and this area that they live in and then let's have Commission discussion. But I think...
Chairman Plummer: That will be fine, sir. Ms. Willis, you're back on.
Ms. Willis: What I want to say to you, first of all - and I seen Mr. Martinez there and a group of people
from downtown. And I said this before when I came to the Commission. I didn't come here to lay blame on
anybody because I don't like pointing fingers. What I want you to understand, to the Commission, that we
have a problem and it's a big problem and we all need to be collectively, like what we've done and sit to the
table and try to solve the problem and stop blaming this person and that person. That's not what I'm here
for. You've got — I saw rats as big as cats and you've got — if you would have saw what I saw yesterday,
children were playing in that garbage, but I didn't have the camera to take that picture. Now, when I was
here the last time, you said to me — and I was respectful of that. I had to step back from the podium —
"What have you done?" So, the first thing I want to address is what we have done.
Chairman Plummer: You showed me.
Ms. Willis: That's right. We have gotten together a group of people and they're all here and everyone's
going to speak, and we've gotten a coalition and Mr. Martinez knows me, personally. Mr. Teele —
Commissioner Teele knows me personally. We put 20 citizens on patrols in our community, since you seen
me on February the 9th. We've picked up 280 tons of garbage since you seen me on February the 9th. We
put out those newsletters, letting the community be aware of the public assistance that's due to them from
our City government. We've also went to local churches and schools and let people be aware of what we
were trying to do in the community. We've also planted over 20 trees and we bought awareness to PTAs
(Parent/Teacher Association), church groups, and we put a realization plan into effect and that plan is for
everybody to be a part of, not just me, the citizen, but the whole City of Miami to solve the problem because
the problem belongs to all of us. Now, what we made here is some suggestions and we would like for you
to take these seriously because we're in need. And one of the suggestions — and I know this might be
offensive and we holler about we don't have no money, but just like this gentleman was saying, the problem
is big. We got the problem but we need to solve it. One of the things that we were thinking about, because
our community is in such a crisis right now, if you could have Public Works pick up our trash about four
times a week —
Chairman Plummer: Solid Waste.
Ms. Willis: Solid Waste, I'm sorry. About four times a week until the crisis is over, not forever. Just give
us a couple of extra days because we have abundance and that was just one corner. And those pictures — I
hope everybody saw them — that's one — that's just two places. The other thing that we want to suggest,
since we were here on February the 9th, we spoke with Mr: Martinez. We were supposed to get "no
dumping" signs. The response to that was that we had to share them with the rest of the City. Well, we
41 April 27, 1999
shared them. You know how many we got? V1%e got nine., You know how many trash holes we've got?
Two hundred and fifty.
Chainnan Plummer: We're having more made.
Ms. Willis: But -- Commissioner, you understand where I'm at?
Chairman Plummer: I understand.
Ms. Willis: We're out there picking the garbage up, so we think that the signs should be there as we clean
up the hole and the dirt should go in the hole right then.
Chairman Plummer: Mr. Manager, you're listening?
Ms. Willis: OK. And we also have sidewalks that are not there. We have no -- we don't even have street
signs. I have to give people a landmark to get to my home. The stop signs are down. The street signs are
gone. The lights are out.
Chairman Plummer: OK. If you'll give us a list, if you could.
Ms. Willis: Sure, I will.
Chairman Plummer: That is not the City. That's Metro -Dade Traffic...
Ms. Willis: Sure, I will.
Chairman Plummer: ...and Transportation and we'll request them to put up street signs
Ms. Willis: Sure I will. So, these are some of the — like I said, these are all suggestions. I'm not going to go
through everything. I'd like you to take what I'm saying seriously. 1 didn't come here looking for a handout.
I came here looking for our fair share of what the City gives to everybody else. If it's bad service to
everybody else, then we expect bad service, but I think we're the one that's getting the worst service. Now,
Mr. Keane is going to speak, and he's from the Buena Vista area about some of the suggestions that we
have about the Little Haiti NET office because you asked me, so I'm bringing them.
Chairman Plummer: For the record, your name and mailing address.
Mr. Jim Keane: Once again, it's Jim Keane, 153 Northeast 44th Street. We've distributed a copy of our
papers to everybody. Yes, I'm in Little Haiti, from 36th Street. I'm on the west side of the tracks. We've
distributed this to you. I know you can all read, so I'll just, very quickly, in bullet form, go over them. The
NET office, Mr. Biamby can speak -to, but it's understaffed, as many .of them are throughout the City. We
need more neighborhood resource officers. I know- were receiving a group of policemen when the Cops
Now Program, when they get through the academy. We're in a really bad place. We need them as soon as
possible. We've had four children killed in the last — this year in our neighborhood, so we're right up there
with Overtown with losing our children. We need to stop this. Our district is so large, geographically, that
our two NET resources officers — neighborhood resource officers can't cover all of it. We need someone
that can do youth programs. In Wynwood they're able to do that but, geographically, they're a much smaller
area. We need more police in — school police for afternoon security. We need the staff in the NET office to
be cross -trained so they can be cross -utilized. If someone — you know, so they can do other people's jobs.
We don't need, "it's not my job." We need these people to be productive. We need the abandoned buildings
42 April 27, 1999
attacked. You're going to do that today with your new resource officers or code enforcement officers. V1,e
understand that. We'd like to make Little Haiti a part of the nonviolent zone. All of the members of the
Communities United have signed up to be trained with the Martin Luther King Nonviolence Program. That
will be taking place next month. And we would like to see that we get our share of the community block
grant program money. We've been attending meetings. We understand that process is going on. You'll see
us. We just want to let you know you're going to continue to see us. Mr. Biamby did a really good job with
code enforcement education for the historic district and for Buena Vista a few months ago. We need that to
be taken district wide in little Haiti. We need to expand on that program. The Commission mandated it. It
happened in a very short time. We need this for all of Little Haiti. We need a program we can take to the
PTAs, to churches, and get the program and get the information out.
Chairman Plummer: All right, sir.
Mr. Keane: Thank you.
Chairman Plummer: Does anybody else wish to make a comment?
Ms. Chanel Charles: Good morning, Commissioner. My name is Chanel Charles. I live at 244 Northeast
57th Street. My son is that 14 year old child that Mr. Keane mentioned that was robbed on his way home
from school. These are some of the problems our kids are faced with in the neighborhood. One of the
reason is because, in our neighborhood, there's no park for our children. We understand recently that
Morningside will also not — no longer be available to our kids.
Chairman Plummer: What? Sure, it will be. It's a public park. It's got to be available.
Mr. Raul Martinez: It's a public park.
Commissioner Sanchez: It's a public park.
Commissioner Teele: Commissioners, I don't know where you all have been but we've gone through this
three times. In fact, we had the Governor's Director of Youth -- what was her name? She's resigned now?
Commissioner Regalado: Anita Bock.
Chairman Plummer: Anita Bock?
Commissioner Teele: Anita Bock. And this is a concern that we had when we had about 40 leaders from
the Haitian community to come during August. That park de facto is not going to be available because once
you start putting up these barricades that have been approved...
Chairman Plummer: What barricades?
Mr. Martinez: The gate house.
Commissioner Teele: The guard gates. De facto that park and it's going to look like racism; it's going to
feel like racism, and I'm supposed to say that it's not racism but the fact of the matter is, once that barricade
goes up and people cannot go in and out of that Morningside park, there is not going to be one park in all of
Little Haiti and that's what -- you know, we've asked the legislature to work on. We've asked everybody to
work with us on. It is going to be a very real problem. And it's a problem now because they're having to go
across Biscayne Boulevard to get to the only park in that area.
43 April 27, 1999
Chairman Plummer: Well, Mr. Teele, I think that what we're going to have to do is to make it very. ver\
much understood that, yes, if a guard.house goes in. the public still has the right to go in. No\\. you might
say that it might be a stigma and I might agree to that, but that is a public street and that is a public park.
And the first time one of those children are, in any way, denied the availability of going to that park. you
report it to the Manager and we will deal with it accordingly. Because one of the things that's understood
clearly, when this Commission has ever approved a guard house, is that you cannot deny the public. Amen.
So, Mr. Manager, you hear the concern.
Mr. Warshaw: Yes, sir.
Chairman Plummer: Yes, ma'am.
Ms. Charles: Yes. So, as I was saying, we need a park in Little Haiti for our children. When children have
nowhere to play, they go to the streets and we know streets is no place for children. We'd like you to give
some consideration to what we've said and to look into finding a place for our children to have a park. I'm a
concerned parent. I'm part of our PTA. I'm a guardian ad litem, so I advocate for children, and I really
believe that this is a very important issue for our children and our community. Thank you.
Chairman Plummer: Thank you, ma'am.
Ms. Willis: Excuse me. Commissioner, I just forgot one thing and I've spoke with Commissioner Teele
about this -- the last thing on the agenda. I've put a bid together. We went out and researched the fine camp
(phonetic). Everybody should have a copy of this. Surveillance cameras, we think that this would be an
asset to our NET office, as well as the illegal dumping, as well as it would help the police -department with
surveillance, and we believe that this would help our problem. And we went out and found a budget in a
place that would give you this surveillance and we would like for you to take this into consideration, bring it
before the committee, and we ask Commissioner Teele to make a motion on that, so I'd appreciate if he'd
address that issue. OK.
Chairman Plummer: Yes, sir. Your name and mailing address, please.
Mr. George William: My name is George E. William, 4584 Northeast 2nd Avenue, 33137 zip. I'm here to
let you know that we have a serious problem down there in Little Haiti. I think we need your help very bad.
Right now we are running 55 percent of unemployment, an additional- bill the statistic was given last week
by the advisory board in a meeting with — town hall meeting with the Commissioners couple weeks — I think
it was last week. It is bad. And I'm a businessman in the area. Let me give you a little joke. I think it's a
serious but I think it's a joke. I have a water company sewer — water and sewer company send me bill for
five thousand dollars ($5,000). What happened is, I have a 10,000 square foot building was empty. Lack of
business. So, they thought something was wrong. They change the meter instead of come to me to tell me
something was wrong. They thought the water been running -until they find out the building was empty.
That's why. So, to tell you when that community, there's no job. As a matter of fact, all these project we
doing, the private job that supposed to be a community development for the area, we got people out in —
people in unemployment; we got businesses dying. So, this is supposed to be number one. Have business
going down in the area so, hopefully, it could have the homeless, the people to get jobs; so the kids could
have something. So, now we asking you to see -- to look into the situation to see what you can do because
it's a mayor problem.
Chairman Plummer: Thank you, sir.
44 April 27, 1999
Mr. William: Thank you.
Chairman Plummer: We've got to move on now. If you have a brief statement, your name and mailing
address.
Mr. Ken Merker: Just real fast. Ken Merker, 4424 Northeast 1 st Avenue.
Chairman Plummer: All right.
Mr. Merker: Just to address that. Communities United is an organization of all communities within Little
Haiti district. We show no bias toward race. We're a multi -cultural organization and want just everyone to
be aware of that. We're working together to further improve this City and its community.
Chairman Plummer: Thank you, sir.
Mr. Ramon Cuellen: My name is Raymond Cuellen. I live at area 1234 Northwest and 34 Street. I work,
you know, the area, the other community, the Wynwood, Allapattah, Liberty City, Overtown, I work in the
community for 33 years. Today I tell, you know, the Commission City of Miami thank you and the City of
Miami, "I'd like a respect, me working one o'clock in the morning, afternoon four. All the people come put
junk street City clean it, clean it. When all the Commission put more pressure on the people, it put in jail,
that City of Miami I like, I love you, Miami.
Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I don't think there's any question. that, first of all, this organization which is really
made up of a series of community -based entities, has come forward and is really trying to focus in on getting
the community cleaned up and some positive changes. I have taken the position, particularly in Little Haiti,
that the problem is really structural. A structural problem that's based primarily upon probably five, six, ten
years of really neglect and I have taken the position that I'm much more interested in solving the structural
.problem of Little Haiti than really trying to participate in any one -day event. So, I want Chief Martinez to
come on and let's get on the record because I — because when you came in, I said to you, as far as I'm
concerned, with all due respect to Overtown, Wynwood, and Liberty City, my number one priority in terms
of structure is the Little Haiti area. So, as it relates to the NET offices, would you give us a little bit of an
update because I think, you know, the public is seeing this. I don't think there's any question, Chief
Martinez, in my mind that of the three areas, the four areas that I have responsibilities in representing, I have
a little bit of Wynwood, just a strip, Overtown, Liberty City and Little Haiti, that the one area that's
structurally that had been abandoned was Little Haiti. So, what have we done to improve? I know I've
given them a promise that well have a NET office open by the first of May. Why don't you start there?
Because we — the first thing that we didn't have is, we didn't have a NET office. And we had stories from
the Miami Herald, going back two years, of the police and everybody working out of their cars and, you
know, it's very, very difficult, Commissioner Gort, Commissioner Plummer, Commissioner Sanchez, for
everybody to keep a straight face sometimes when we're lying. Because we know that there are tremendous
differences in the way the City services and the City resources have been utilized. It's very difficult to keep
a straight face and say that this is a fair process when we've got some NET offices that are literally over
needed and we've got some areas that have three and four and five NET areas that probably only need one.
We've asked for that to be looked at. And then there are other areas — large area like Little Haiti that, quite
45 April 27, 1999
frankly, had been abandoned, in my judgment -- and I don't mean this with any disrespect on am of the
previous Commissioners or NET administrators. So, where are we in the NET process. Mr. Martinez"
Mr. Martinez: Yes, sir.
Commissioner Teele: Through the Manager.
Mr. Martinez: Yes, sir. Thank you. Raul Martinez, Assistant City Manager. And, Commissioner, before I
say any thing, I want to say that this group, when they speak, it's not just speaking. There's action. They're
very active. They're actually out there doing the work. They're not just coming in complaining. They're
actually pushing us, like they should, like every community should, push government to get the most out of
it. As far as the NET office, I'm glad to announce that the contractor that's doing the slight internal work to
get that NET office up -to -snuff has promised to our NET coordinator that, by tomorrow, they should be
through with construction. Once we assure that's happening, we'll be calling the Commissioners' office and
the Mayor's office to schedule, hopefully, within the next two weeks, a grand opening of the new Little Haiti
NET office that will be located on Northeast 2nd Avenue and 78th Street. It's something that this
community has needed for many years. Like Commissioner Teele stated, they were the worst NET office.
as far as physical space, of any of the 13 offices that we have right now. So, we hope, within two weeks, to
have a grand opening and the people of Little Haiti will be able to walk and talk to the employees in the
NET office. As far as employment of — staffing of the NET office, we have made some improvements. We
just hired a third NET inspector. Three Inspectors from NET office. The most that we have. And we only
have like two offices or three offices that have that type of staffing.
Commissioner Teele: When you came in, how many inspectors did we have?
Mr. Martinez: I believe, Commissioner, they were down to one because there were inspector that was out,
that was injured...
Chairman Plummer: So on and so forth. It wasn't even one.. It was split back and forth.
Mr. Martinez: And, at the time we -came in, there was also not a NET administrator and we have now NET
-- a fully committed NET administrator. We're hoping to add a fourth code enforcement officer for next
fiscal year for Little Haiti and other keys areas, such as Allapattah, that have a high volume of concerns.
We're — I rode the area with some people from the — from some neighbors a couple weeks ago. In fact, I
was in Morningside Park last Friday and we saw the dumping. It's terrible. I have asked the Lieutenant,
Lieutenant Drane, who's doing a great job in the area, and Mr. Roger Biamby to put together a plan. They
have put together a comprehensive plan that put code enforcement officers working nights and riding with
police officers because, as you all stated, until we catch them, until we arrest them, it's going to continue.
The last stats that I got for the month of March and maybe police has better stats than I do — they made six
arrests. I think half of the arrests were people from the area, so they were not Miami Beach people who
came and dump. Some of our people that live right there and take advantage of the situation to bump,
unfortunately in the same area that they — to do...
Chairman Plummer: Have you thought about putting on Cable 9 how to -report illegal dumping? To get
license tag numbers and turn it over to the police department?
Mr. Martinez: Sir, we...
Chairman Plummer: I think that — you know, some of the stuff I see on Cable 91s totally useless and I think
that if we had something like that, how to report out streetlights in your neighborhood and information —
46 April 27, 1999
that's what that Cable 9 is for, is to inform the public of what's going on. And I think that that's what you
need to do.
Mr. Martinez: And, Commissioner, you're right. We're putting the finishing touches on an overall
educational campaign citywide for our workers. So, if you're city worker off -duty, you can report to a
certain number, to the citizens, so likewise. If they see dumping, what do they need to do? The police
department has a number of officers dedicated to research. You know, they go in the garbage and they find
slips so they can prove it came from business "x" and they go by and cite and even arrest the people from
business "x." We're going to have a whole comprehensive effort citywide where we're focusing very much
on the area of Little Haiti because it needs it.
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Sir, if you've got a brief statement, we...
Commissioner Teele: The point is this. I think there has been a lot of improvements made structurally. 1
think getting a NET office, which we still don't have, will be a quantum leap -forward because, quite frankly,
Mr. Keane talked about need the for cross training. There's just — when you don't have space, when you
don't have an atmosphere to operate, it's just very counterproductive. I have confidence in the Manager and
in the NET administrator and the NET process, and I think we're going to see structural changes. It's one
thing to go out and clean up. However, I would like to request permission, Mr. Chairman, to make a motion
asking the police — the Manager and police chief to take under advisement the need for surveillance cameras
in this area and to report back within 60 days a plan and whether or not it's feasible. Obvicusly, Lieutenant
Drane and others, I think, have been in some of these community meetings, so this is not...
Chairman Plummer: Your motion is very much in order. Is there a second.
Commissioner Regalado: Second.
Chairman Plummer: Seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-269
A MOTION INSTRUCTING THE CITY MANAGER IN
COLLABORATION WITH THE MIAMI POLICE CHIEF TO TAKE
UNDER ADVISEMENT THE FEASIBELITY - OF HAVING
SURVEILLANCE CAMERAS IN THE LITTLE HAITI
NEIGHBORHOOD, FOR THE PURPOSE OF ADDRESSING ISSUES
CONCERNING ILLEGAL DUMPING OF TRASH AND DEBRIS;
FURTHER DIRECTING THE CITY MANAGER TO- COME BACK
AND REPROT THE COMMISSION REGARDING SAME WITHIN 60
DAYS.
47 April 27, 1999
Upon being seconded by Commissioner Regalado, the motion was passed and adopted M the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: See how easy that was?
Commissioner Teele: Mr. Chairman, I would also ask that the NET office and Manager designate one
month to be determined as a clean-up month in Little Haiti for 30 days, in which we would have an
intensive program before the end of the summer. So, it may be June, July, August. But it has to be done in
coordination with Public Works and Solid Waste. And I would move that a clean-up month be designated
in consultation with the public and the Management in which an intensive effort would be made, if that
would be, Mr. Manager, acceptable to you?
Chairman Plummer: Is there second?
Commissioner Regalado: It's a second. I just want...
Chairman Plummer: Seconded.
Commissioner Regalado: ...Mr. Chairman to remind the members of the Commission and the
administration that we dealt here with Keep Florida Beautiful Organization and, unfortunately, we have not -
been able to process that application but they're still willing and ready to help us and...
Commissioner Teele: I worked with them last week.
Chairman Plummer: OK. Sir, do you have a comment you wish to make?
Mr. Jumel Calixte: Yes, sir. I come from Little Haiti. My name is Jumel Calixte. 1 come from Little Haiti.
I'm a concerned citizen and I've been walking on 59th Street, I see homeless. They sitting there in the vacant
lot playing dominos while kids pass by, you know, come from (unintelligible) and pass by and the City
didn't do that much for the homeless to — throw the homeless away.
Chairman Plummer: No, sir. The federal court did.
Mr. Calixte: Because. we see — I read in the newspaper that they have Operation Zest in Allapattah and they
have other operation in Brownsville and Overtown but they don't have that in...
Chairman Plummer: For the homeless?
Mr. Calixte: ... Little Haiti. And I'm really upset.
48
April 27, 1999
Chairman Plummer: Sir, the homeless operation is under a federal consent mandate.
Mr. Calixte: And, also, we don't see no police presence in Little Haiti. I mean — and Mr. Roger Biamby
doing a good job but he doesn't have the manpower to do the job by himself.
Chairman Plummer: All right, sir.
Mr. Calixte: You guys should back up him to do the job. And, also, I have a project for Little Haiti. We
need to put a statue up of Toussaint L'Ouverture Haitian hero in Little Haiti. We wonder if you guys can --
because I went to the City. They say that the land belongs to the City of Miami.
Chairman Plummer: Sir, this is a separate item and if you wish to have your...
Mr. Calixte: I just want to show you, you know, what...
Chairman Plummer: Sir, this is a separate item and if you want your item to,be considered, you write a
letter to the agenda clerk. This is not under Mrs. Willis' domain.
Mr. Calixte: OK.
Chairman Plummer: Thank you, sir. I just want to —I want to remind everybody, all right, the time is
11:10. We're on Item 8.
Commissioner Teele: Call the -question on the motion.
Chairman Plummer: OK. The question is called. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-270
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT
THE NET ADMINISTRATOR TO ESTABLISH FOR A PERIOD OF
ONE MONTH, A SPECIAL CLEAN-UP CAMPAIGN IN THE LITTLE
HAITI AREA, TO BE IMPLEMENTED THROUGH A
COORDINATED EFFORT BETWEEN THE DEPARTMENTS OF
PUBLIC WORKS AND SOLID WASTE, SUBJECT TO THE
APPROVAL BY THE CITY MANAGER.
49 April 27, 1999
i
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez .
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr -- one comment.
Mr. Donald Warshaw (City Manager): One last comment.
Mr. Martinez: And, Commissioner, just one quick comment in the area of parks. We're working with the
Oakland Grove Community. Mr. Bruce Hammerson. I know he's spoken to Commissioner Teele.. trying to
acquire some park land in the area, just like we did in the area of Spring Gardens, where we were able to
obtain some monies from the state and other sources to increase the number of parks in the area of Little
Haiti.
Chairman Plummer: And, Mr. Teele, for your edification, of the 27 new inspectors, they're not going to be
two, two, two and two. I have asked Mr. Martinez that they either concentration be where the need.
Commissioner Teele: Good.
Chairman Plummer: We might have only one...
Commissioner Teele: Right.
Chairman Plummer: ...in Central Grove, OK, because we night need five in Wynwood. We might need
three or four in Little Haiti. So, I've asked that, under this new thing, that they be distributed for need, not
for number.
116. DISCUSSION CONCERNING THE NW 12 AVENUE BRIDGE.
Chairman Plummer: The next item is the Florida Department of Transportation. Is there anyone present
from the Florida Department of Transportation?
Mr. Jim Kay (Director, Public Works): Yes, there is. Mr. Chairman, members of the Commission. We
have representatives from the Florida Department of Transportation here.
Chairman Plummer: Going to speak to the 12th Avenue Bridge.
Mr. Kay: Twelfth Avenue Bridge.
50
April 27, 1999
•
Chairman Plummer: The one I grew up on.
Ms. Vilma Croft: Hi. I'm Vilma Croft for the Department of Transportation and the prior manager for the
12th Avenue Bridge Project. We're currently in the project development and environment phase of the
project. We began this study in November of'96. We've done extensive public involvement, basically. for
such support of the replacement of the bridge. We plan to have a public hearing in the summer, so, right
now we'd like to give you a brief presentation of the project and get...
Chairman Plummer: Excuse me. Can I ask that courtesy be given to the speaker. Thank you.
Ms. Croft: I'd like to give you a brief presentation and, basically, get your input as far as replacement versus
rehabilitation. I'd like to introduce Carlos Cejas of HNTB and he'll give you a brief presentation.
Mr. Carlos Cejas: Hi. I'm Carlos Cejas with HNTB Corporation. I'm the project Manager with the prime
consultant working on the Northwest 12th Avenue ? Study.
Commissioner Teele: is HNTV Howard Needles?
Mr. Cejas: Yes.
Vice Chairman Gort: Commissioners, for the sake of time, I think we've seen many of these presentations.
We've been in many of those meetings. I think I, personally, had some questions that, if you can answer
though questions, it will help us to make a decision. Do we all agree on that.
Commissioner Regalado: Yes.
Chairman Plummer: Whatever the Commission desires.
Vice Chairman Gort: The question is very simple. You're talking about three alternatives. You're talking
about alternative of fixing what it is, replace it and complete it, or have a hybrid of fixing and complete. My
question will be, the time limit in each of the project, what would be the time of construction and, number
two, which one will save the least amount of time so the bridges will go up? Those -- I think, if we get those
questions answered, we can make a decision on that. And I apologize to you. I know you're ready with a
presentation and we agree but we've been in many of the meetings and we've seen it before.
Mr. Enrique Crooks: No. No problem. And I appreciate. My name is Rick Crooks. I'm with EAC
Consultant. We've been doing most of the bridges and services for the project. Essentially, like you said,
we're either going to fix it up or we're going to replace it. To fix it up will take probably nine months of
construction. However, during a period of that construction, maybe 30 days or so, 30 to maybe 60 days, the
bridge would have to .be closed entirely. And for the other, maybe nine months, there will be some
maintenance of traffic, which would restrict the traffic to maybe, let's say, two lanes or so. As far as
replacement, the way the replacement would be done is, it would be staged so that one-half of the bridge
would be built, while the existing bridge stays, in place. This would allow us to maintain traffic throughout
most of the construction. Once the new bridge —half of the new bridge is in place, well, then, the traffic
would be routed onto the new bridge, the existing bridge will be taken out, and the remainder of the bridge
built.
Vice Chairman Gort: And there will be no closure on the bridge?
Mr. Crooks: There would be no closing of the bridge, with the exception of maybe a day or for a few hours
51 April 27, 1999
1.
or so.
Vice Chairman Gort: Got you.
Mr. Crooks: The total construction time would be anywhere from 18 month to two years. Primarily
because of, again, the phasing of the construction, where we would have to put in one bridge and then take
out the other one. Maybe as long as three years but we — in for about two years.
Commissioner Regalado: Who determines which project are you going to all do?
Vice Chairman Gort: We're .going to help...
Mr. Crooks: Well -- OK. That's where it comes in. We had cut our presentation short, primarily because of
the request. Because the bridge was declared historic, we've had to go ahead and do a Section IV, which is a
federal document, which, essentially, goes ahead and documents all the studies we have done, to show that
we did a good faith chance at trying to save the bridge. Then, a big portion of that is the coordination.
where we go and meet with everybody in the community. You know, meet with the City Commission, with
the historic groups, and we get a resolution from each entity that we meet with, saying what they would like
to have done with the bridge. If they're in support of the replacement, support of rehab. So far, we have
done all the resolutions in support of the replacement. Primarily, because the hospitals on the other side --
you know going back to your issue pertaining to the — they have spoken, on numerous occasions, on their
emergency vehicles being stopped during an. We'll be putting in a higher bridge, about 35 foot vertical
clearance, which will reduce the.... .
Vice Chairman,Gort: That's my third question.
Mr. Crooks: OK.
Vice Chairman Gort: You'll answer that later.
Mr. Crooks: Right. That would essentially reduce the. number of, you know — it's hard to predict. You
know, predictions were made on Brickell...
Vice Chairman Gort: Look, my...
Mr. Crooks: ...and we're looking at maybe 50 percent.
Vice Chairman Gort: That's my experience. 1 got the experience from Brickell.
Mr. Crooks: Right.
Vice Chairman Gort: My understanding is, people in Brickell right now would rather have their bridge up
all time because the traffic flow was a lot better when the fish— when it was closed.
Mr. Crooks: Right.
Vice Chairman Gort: Right now, with the bridge opening and closing, it's creating a lot of problems. My
understanding is, it was a commitment that the bridge was going to open so many times; you were going to
be able to reduce by a percentage, which had never taken place. That's why I think it's important for us
Commissioners, especially you, Commissioner Teele, and myself, there's a split between your district and
52 April 27, 1999
my district and our people are the ones that are going to be suffering back and forth.
Commissioner Teele: Commissioner -- and I appreciate it. And, as you know. I asked that this be put on the
agenda just so that we could begin this dialogue. Because so often, Mr. Kay, what happens is, when the
DOT (Department of Transportation) -- this .is certainly no disrespect to the DOT. But when the process
comes to us normally, we're 95 percent locked into a decision. So, I'm trying to get a little bit ahead of that.
I know that the DOT says, "of course you've got options." The MPO (Metropolitan Planning Organization)
will make the final decision, is that correct?
Mr. Crooks:' Well, it will be a combination — and the MPO, as well as SHPO, which is a State Historic
Preservation Office.
Commissioner Teele: MPO and who?
Mr. Crooks: And SHPO, the State Historic Preservation Office. They would have to give us the
permission to take the historic bridge down.
Commissioner Teele: Commissioner Gort, I really would like to know what you're views are. I want to
express my views. Number one, I think the cost of this is something that is not going to impact the citizens
of the City of Miami because it's a state -funded project and that should be put up front so that it's not a
question of cost to the citizens but trying to do what is correct' for the citizens. I'd like to know what the
budget is and how those funds would be used and shifted, but that's something for a later date. Secondly, I
believe that the methodology exist, Mr. Kay, on this site, with enough studies to be able to quantify the
openings and closings of this, based upon the size of the ships. I mean, this is a very narrow — where 12th
Avenue -- I mean, this is not my guess work. All you've got to do is put one person on the bank that has
some kind of instrument and you can measure the heights of the mass and you'll be able to determine. But
what the DOT and what these agencies — consultants have a way of doing is give you the best case, like if
we do this, we're only going to open the bridge 30 percent as much as we used to. So, we're going to save
70 percent. Then, when you get there, it's the reversed. You open it. And l just think that we need to have
some quantitative data if that methodology exist.: Absent all of that, my preference is going to be, very
strongly, to rehabilitate the bridge as -is and maintain it as a historic bridge. I think it is a significant
architectural structure. It could be. It has not been maintained. Although, Public Works has a dumping
ground underneath the bridge.
Mr. Kay: We have a shop underneath.
Commissioner Teele: Yeah, a dumping ground/shop underneath, where all the old newspaper wracks, J.L.
-- all the old newspaper wracks. That's where all — that's the burial grounds for newspaper wracks in the
City of Miami. That's what kind of maintenance...
Chairman Plummer: Must be a junk yard.
Commissioner Teele: It looks like a junk yard. But, in any event, I would hope that we could look in'terms
of the historic — I recognize that the Jackson Hospital but it would seem to me that the appropriate bridge
for the main emergency traffic would be 17th Avenue because that is the bridge that is a main expressway
and that's the bridge where all of the traffic coming from the DO — from the airport and coming from the
west has to go. They can't even get off to come over the 12th Street bridge.
Chairman Plummer: Twelfth Avenue.
53 April 27, 1999
Commissioner Teele: Twelfth Avenue Bridge. So, I think that it's very, very important that you. at least.
recognize that, you know, 12th Avenue is essentially a residential area. It has a lot of commercial. But I
would hope that you would work with the Spring Gardens Association over there. Ernie Martin is its
president, as we move down the road. And, then, we really look seriously at maintaining the historic
character and quality of this bridge and not do this so-called enhancement that would, you kno\, have these
express ramps and creating more traffic.
Vice Chairman Gort: Commissioner Teele, let me tell you what my biggest concern is -- and I can see
everybody wanting to build a new bridge -- is, how much we really going to save versus three years of
construction? Both you and I have known what constructions can do to business and to residential areas.
We can see that with the impact it's making on 8th Street. You can go by there and see the business being
closed. I've been a victim of improvement and I can see it personally. I would like to see the best and the
fastest solution and I think — I agree with you. I don't have any problem with nine months, being close 30 to
60 days. And if the difference between a new bridge and the renovation of this new bridge is very little --
and I can tell you, unless you go very, very high, I don't think it's going to make a significant difference
because you were not able to accomplish that on Brickell. I mean, let's face it. On Brickell, you committed
that you were going to reduce the bridge opening at least by 30 -- 25 to 30 percent. 1 think it's just about the
same. It hasn't changed that bad at all. And in order to do that, you would have to do something very
similar to — they did with the Rapid Transit, which, had to be way, way high and you're not going to do that
because you don't have the money to do that.
Mr. Crooks: OK.
Chairman Plummer: _ Well, let me tell you. You know, I think that — to the Department of Transportation, I
think that what's uppermost in this Commission's mind is brought forth by what's happening on Southwest
8th Street. I mean, if there was ever a nightmare. We are losing businesses on 8th Street, which have just
absolutely, dried up and gone away simply because of the way that the thing is being handled. And 1 think
that we have to remember that, to the north side of this bridge, is a lifeline to this community for the
hospitals and things of that nature and the tremendous amount of traffic that goes over that bridge has got to
be consideration of how many times an hour that thing can be opened. Because if you're cutting it down to
half, in my estimation, 50 percent less capacity, you can't be opening it up as much as you have in the past
because it's incredible. You know, Ft. Lauderdale, especially on weekends, Ft. Lauderdale only opens the
bridge once every 30 minutes and we're not that smart, because those bridges stay open in and closed, open
and closed, open and closed. I think this is something that must be considered. It's mandated if you're going
to be cutting the capacity of that bridge by 50 percent.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Sanchez: I guess...
Commissioner Regalado: Just to clarify, we do have a very serious situation in. Southwest 8th Street but, to
be fair, we have to say that the Florida Department of Transportation has done a tremendous job.
Chairman Plummer: Without question.
Commissioner Regalado: And not only that, we attended, with members of the Police Department and the
NET office in Flagami, a party, a block party, last week because they finished the first step of the project
and it's four months ahead. The problem is that people don't go to Southwest 8th Street. The problem is not
54 April27, 1999
construction. The problem is what we were saying from the beginning. we need to get help for these people
before it's too late. And. yes, there are several businesses that have closed already in Southwest 8th Street
and I hope that the legislature will come through with this aide. But, you know. the Florida Department of
Transportation has worked so well with the merchants and the city elected official and the administratio11.
that I think that if they do work that way on the south — on the Northwest 12th Avenue bridge. we can be
satisfied that this is going to go faster than we think.
Chairman Plummer: Mr. Sanchez to close.
Commissioner Sanchez: Mr. Chairman, there's a lot of things we need to take into consideration here. You
know, 12th Avenue is a major artery into the courthouse, the hospitals, and all the major health facilities that
are northbound on 12th Avenue once we go over the bridge. So, just as we speak, there's a Winn Dixie
being built there, so you're starting to see the expansion of a lot of business there. And take things into
consideration, the condition of the bridge and what the recommendation of the Department of
Transportation is and, of course, the final decision and we'll work together in finding an agreeable
compromise, but take those things into consideration. I think that everybody here has made a very clear
mark on the things that are going to affect the community and the quicker we do it, I think the better off we
are — we're all going to be.
Chairman Plummer: OK. Mr. Kay. Thank you. You have anything further to say?
Mr. Crooks: Yes. I'd like to just address some of the points that were made. And, also, as part of the
Section 4 process, even though we have cut the presentation short, we do need to let you know that there are
alternatives, which we have studied. One of which was rehabilitation. The other one was to ? hybrids type
structure, where we would leave the existing bridge in place and we build the park — like a half bridge right
next to it and that would allow some of the increased traffic, you know, needs, et cetera. However,
something pretty much has to be done because of the deteriorated state of the bridge. The bridge, at some
point, has to be replaced. So, you're going to have to be faced with a situation at some point. It's a matter, if
you want to deal with the miniature traffic problems now or if you want to deal with it later on, when the
traffic situation is, you know, much worst. You know, the — as far as the menace of traffic impact to the
businesses, they would be far less on the — a replacement because, like I said before, we will be leaving the
existing bridge in place while the new bridge is constructed, rather than on a rehabilitation, where we would
have to physically close the bridge while the machinery and some of the structure elements are taken out, et
cetera. The approximate cost of the construction of the new bridge would be approximately twenty-five
million. The rehab would be anywhere from seven to nine million. The hybrid, which would essentially
rehab the existing bridge and build another bridge next to it, is approximately nineteen million. As far as
the...
Vice Chairman Gort: I'm sorry. Will you go over the hybrid again?
Mr. Crooks: Sorry. OK. The hybrid would have been...
Commissioner Teele: The cost?
Vice Chairman Gort: No, no. The...
Mr. Crooks: Oh. Was nineteen million.
Vice Chairman Gort: The process. You say you maintain the existing bridge and just build another...
55 . April 27, 1999
Mr. Crooks: We would maintain the existing bridge in .'its present alignment but we would still have to
rehab it, which would be, you know, the seven million dollar ($7,000,000) cost, as well as the thirn day
closure. Then we'd have to -- you know, we'd put a new bridge right here. The problem is. we wouldn't be
able to put that new bridge any higher than the existing bridge because, you know,, we'd have to match the
alignment that's here.
Vice Chairman Gort: But what you're saying is, sooner or later you're going to have to replace it?
Mr. Crooks: Sooner or later we'd have to replace it and the new bridge that would have gone in would
probably have to come out also. So, it's essentially, you know; nineteen million to be thrown away in
approximately, you know, 10 or 20 years.
Vice Chairman Gort: You should begin with that.
Mr. Crooks: Huh?
Vice Chairman Gort: You should begin with that in your presentation. You have to do it anyway.
Mr. Crooks: Ah, yeah. Well, that's a good point. You know, as far as the number of openings, you know,
the coast guards, they cannot — if you work with the coast guard, you can put the bridge openings on time
schedule. One thing we'd have to also mention is that there is going to be a certain amount of mitigation to
take care of the fact that we're taking out a historic bridge. And what I mean by mitigation is, there's going
.to be a substantial amount of aesthetic treatments that will be done as part of the project. We have been
coordinating with Ernie Martin of Spring Garden, by the way, and he is in support of, you know, the
replacement. So are the hospitals. So are the civic centers, et cetera. And we have had meetings with the
business community and most of them are also in support of the replacement. These are just some of the
different type of aesthetic treatments that have been considered and one will be picked. It will be picked in
conjunction with the want of the community, the historic groups, Tard (phonetic), as well as some other
agencies.. We have coordinated with the river community, where the spans are actually going to be opened
up under the bridge to allow, you know, like a park type -- a linear park. There will be bike pass going
under there, et cetera, and not skipping.
Chairman Plummer: All right. Sir, we've got to bring this to a conclusion
Mr. Crooks: OK. Well, that — I was done anyway.
Chairman Plummer: All right. Unless a Commissioner has a burning question, we've got to move on
Vice Chairman Gort: Question. My understanding is...
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: You decided to go into a new bridge. You're going to have to go through all this
litigation because it's a historical site. When are you looking into opening...
Chairman Plummer: I don't see where there's any really deviation. I mean...
Vice Chairman Gort: I know. There's no deviation. They're going to have to replace it anyway. Might as
replace it now than go through the burden once and not twice or three times. How long before you think
you can start something like that?
56 April 27, 1999
Mr. Crooks: - From the process, once we...?
Vice Chairman Gort: From today.
Mr. Crooks: From....
Vice Chairman Gort: Two years?
Mr. Crooks: From today? Depends on how much support we can get to go ahead and replace it and get the
approval from SHPO. I think we're flying up to Tallahassee in like...
Vice Chairman Gort: If you put your argument, that you're going to have to replace it anyway, 1 think
everybody will have to go for it. If you will have to replace it anyway, and your engineers and all your
expertise and consultants come back down, you're going to have to replace it. I think we all want to save the
money and the headache of going to two constructions.
Chairman Plummer: Mr. Kay.
Vice Chairman Gort: We don't have any problem with that. My question is, suppose you get all *the
support. How long?
Ms. Croft: The project is currently funded for fiscal year 2003, 2004.
Chairman Plummer: Two thousand three or four.
Vice Chairman Gort: Talking about four or five years, OK.
Chairman Plummer: That means 2010.
Ms. Croft: For begin construction.
Chairman Plummer: Yeah. It's two thousand...
Commissioner Teele: Now, but one thing, the DOT — I mean, they are staying with these schedules. This is
— don't -- this is a real schedule.
Ms. Croft: Yeah, we're on...
Commissioner Teele: I mean, everybody's being evaluated in the DOT based upon how they meet their
schedules and how they meet their budgets.
Ms. Croft: I guess that we're in the...
Commissioner Teele: So, these guys will literally jump off the bridge if they can't start on time.
Chairman Plummer: Mr. Kay to close.
Mr. Kay: Yes. I just would like to point out that, at some point and time, the Florida Department of
Transportation will be looking for support from the City for this project, whichever project is selected, and I
57 April 27, 1999
would like to say that, from our point of view, the Public Works Department does recommend a complete
replacement. We feel that the benefits derived from that are greatly in the City's favor.
Chairman Plummer: Thank you, sir.
17. GRANT REQUEST FROM HENRY GIVENS, EXECUTIVE DIRECTOR OF THE
MIAMI/BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC., FOR PERMISSION TO
OBTAIN AN ALCOHOLIC BEVERAGE PERMIT AND USE OF PARK EQUIPMENT.
Chairman Plummer: Mr. Henry Givens of the Miami Goombay. Mr. Givens is asking for permission to
obtain an alcohol beverage permit, which can be done without any problem but the waiver of fees. of
course, cannot, right, Mr. Manager?
Vice Chairman Gort: Thank you all for being here. We appreciate your presentation? Thank you.
Chairman Plummer: Thank you. Right.
Commissioner Teele: How much are the fees?
Chairman Plummer: How much are the fees?
Mr. Donald H. Warshaw (City Manager): I'll tell you in one second. They're minimal. I don't have the
exact amount in front of me.
Mr. Henry Givens: Somewhere in the neighborhood between fifteen and two thousand dollars ($2,000).
Chairman Plummer: Mr. Givens, how much -are the fees, do you know?
Mr. Givens: Somewhere in the neighborhood between 15 and two thousand dollars ($2,000) .
Chairman Plummer: Fifteen and two thousand?
Mr. Givens: Fifteen hundred and two thousand dollars ($2,000).
Mr. Warshaw: Well, that includes — it's not just fees. There's fees, permit and rentals and I'm not sure what
the rental includes. That's exactly what they're asking for.
Chairman -Plummer: Well, excuse me.
Mr. Warshaw: It's three separate issues.
Chairman Plummer: Can we waive fees?
Mr. Warshaw: No.
Chairman Plummer: Then, that answers it. OK?
Commissioner Teele: Mr. Chairman?
58 April 27, 1999
Chairman Plummer: Mr. Teele.
Commissioner Teele: I move the approval of the request without the waiver of the fees but with the
equipment being provided as a City donation.
Chairman Plummer: -In kind.
Commissioner Teele: In kind.
Chairman Plummer: OK. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
Mr. Walter J. Foeman (City Clerk): Need a seconder.
Commissioner Regalado: Second.
Mr. Givens: Thank you very much.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-271
A RESOLUTION GRANTING REQUEST RECEIVED FROM MR.
HENRY GIVENS, EXECUTIVE DIRECTOR OF MIAMI BAHAMAS
GOOMBAY FESTIVAL IN COCONUT GROVE, INC. ' TO OBTAIN
AN ALCOHOLIC BEVERAGE PERMIT; USE OF PARKS
EQUIPMENT AS IN -KIND SERVICES, EXCLUDING THE WAIVER
OF APPLICABLE CITY FEES AND PERMITS
(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.
Chairman Plummer: Hey, Henry, did you see Al Rocher of the Today program this morning?
Mr. Givens: Of course.
59 April 27, 1999
Chairman Plummer: From Exuma (phonetic). What fantastic scenery they had of Miami and the Exuma'
He was born in the...
Commissioner Teele: In the Exuma.
Chairman Plummer: Yeah. He's a Miami boy for four years.
Unidentified Speaker: One of his cousins is Lucille Rocher.
Chairman Plummer: Where is Green Turtle? Is that in Exuma?
Unidentified Speaker: No, that's in Abaco.
Commissioner Teele: Abaco.
Chairman Plummer: Abaco. That's where my grandmother came from. My great grandmother. OK.
Commissioner Teele: That's where the Loyalists were.
Chairman Plummer: Who?
Commissioner Teele: The Loyalists.
Chairman Plummer: So be it.
18. REFER TO POLICE DEPARTMENT ALLEGATIONS BY MR. ERCILIO E. BUGNES
CONCERNING HOME BURGLARY.
Chairman Plummer: 'Mr. Bugnes? Mr. Ercilio Bugnes? It that you, sir?
Mr. Ercilio Bugnes: Mr. Bugnes.
Vice Chairman Gort: Bugnes.
Chairman Plummer: Bugnes.
Vice Chairman Gort: Ercilio Bugnes.
Chairman Plummer: All right, sir. Give us your mailing address and proceed.
Mr. Bugnes: OK. My name is Ercilio-Bugnes. My address now is 982 Northwest 6th Street, Apartment 3.
Chairman Plummer: 982 Northwest?
Mr. Bugnes: Sixth Street.
Chairman Plummer: Sixth street.
60
April 27, 1999
Mr. Bugnes: Apartment three.
Chairman Plummer: Apartment six. All right.
Mr. Bugnes: Apartment 3.
Vice Chairman Gort: Three.
Chairman Plummer: Three. All right, sir.
Commissioner Teele: Nine eighty-two...
Chairman Plummer: Northwest 6th Street. That would be Spring Garden. What? It's got to be Spring
Garden. Excuse me. It is Spring Garden, unless he's got the wrong address. It's west of 7th Avenue on 6th
Street.
Commissioner Teele: Yeah, but there's an area in between there...
Chairman Plummer: Wait, wait, wait, wait.
Commissioner Teele: ...that's not Spring Garden. That's a circle -- in fact, there's a house over that's in
really bad shape.
Chairman Plummer: Sir, are you north or south of the river.
Mr. Bugnes: I am south of the river.
Chairman Plummer: OK. Then, he's over by the boatyard. I stand corrected. All right, sir, go ahead.
What's your problem?
Mr. Bugnes: OK. I'm going to try to assist you with that in English because I am in the United States, but I
want to — I want to — since you excuse me in case that you don't understand very well because I'm Cuban,
you know, and my English is not the best.
Chairman Plummer: We're listening.
Mr. Bugnes: My English is not the best. I am here now because I was living in 2201 Northwest North
River Drive.
Chairman Plummer: All right, sir.
Mr. Bugnes: In my apartment, somebody broke the door and take all my stuff, my property.
Chairman Plummer: All right, sir.
Mr. Bugnes: I put in a complaint.
Chairman Plummer: To the Police Department?
Mr. Bugnes: Yes.
61 April 27, 1999
Chairman Plummer: Yes. sir
Mr. Bugnes: But something wrong is there, something that I don't understand very well happen in that case.
In this area -- in this building, there are different times the burglar coming and broke the door and do
different things. I never clarified that case. Something happen to me with the people in charge of the
building, that happen is that, according with the information they have. the people that broke the door
around 3 o'clock in the afternoon and I know that around 7 o' clock. But the question was that the people
called the police and the man in charge of the building make a decision about my property and says there's
no need to make nothing else. It's happened. Nothing.
Chairman Plummer: Sir, let me ask you. Is your problem with the police or your landlord?
Mr. Bugnes: My problem is with the police.
Chairman Plummer: OK. Now — hold it a minute. You've met with this man?
Mr. John Buhrmaster (Executive Assistant to the City Manager): Yes, sir, I have.
Chairman Plummer: OK. Would you try to help him out?
Vice Chairman Gort: What's the problem?
Chairman Plummer: What's the problem?
Mr. Buhrmaster: Let me explain to you one of the things. I met with...
Chairman Plummer: For the record, Mr. Buhrmaster.
Mr. Buhrmaster: I'm sorry. John Buhrmaster, City Manager's Office. I met with Mr. Bugnes in my office,
on March 9th. He brought me this information, that he was a victim of a burglary in March of 1997. He
was...
Chairman Plummer: Two years ago.
Mr. Buhrmaster: He wrote a letter that was addressed to him in 1998. I sent the — after I met with him, I
sent the case back for investigation to central. division. They gave me the report and they indicated that
there were no witnesses, there's no fingerprints, and no physical evidence. Mr. Bugnes assumes that the
offender in this case is the manager of the apartment building, with no evidence to go on. They've revisited
it twice now. He received a letter back from...
Chairman Plummer: Excuse me. Mr. Shapiro, would you go outside there and ask these people, if they
have to have a private meeting, to do it outside? Thank you. Go ahead.
Mr. Buhrmaster: His case has been revisited now for a third time. It's still the same result. There is nothing
else to go on. They've gone back out and interviewed some of the people there. He's just unhappy with the
investigation and we've tried to satisfy him so far. He brought back to me on the ninth that there was
another burglary that occurred in this same building with approximately the same MO (modus operandi) and
it is not the same — there was a same result in that, there was no physical evidence and nobody...
62 April 27, 1999
Chairman Plummer: Sir. do you understand what he's saying?
Mr. Bugnes: I understand part of, yeah.
Chairman Plummer: OK. And, basically, he says that they've gone through this now three different times
and they can — you know, you have to have evidence. Without evidence, you can't proceed to take people to
court. You can't arrest people without evidence. And what he is saying -- no, not you. You. we can put in
jail at any time. You know, they're just saying, with a lack of evidence, they're not much more they can do.
Your assumptions are your assumptions. OK?
Mr. Bugnes: OK. Let me clarify something. When they says that I insist in come to the City Commission.
it's because all that happen is — all the thing that happen in this case have no explanation. One thing is. I
don't know why, when they coming to see me, they says, everybody told me that don't pay attention no more
of that thing. Another thing is, when 1 talk with the...
Chairman Plummer: It's two years old.
Mr. Bugnes: ...man in charge of the building, he said that never the police come to see what happened. It
was hard for me to call for — take fingerprint. It was very hard. And when they explain me about the
fingerprint, I have three answers. The first reason, there's not fingerprint. The second answer is that the
fingerprints don't belong to nobody. No. And the third answer is that the fingerprints are no good.
Chairman Plummer: All right, sir.
Mr. Bugnes: I really don't know what happened, but...
Mr. Buhrmaster: Commissioner Plummer, I'll send it back to central investigations and...
Chairman Plummer: Well, wait a minute now. You know, I don't want —if you've done it three times.
there's got to be a point where it's amen.
Mr. Buhrmaster: But I'll have Lieutenant Cotera meet with him and explain to him...
Chairman Plummer: All right. Sir, as a courtesy to you, they're going to do it one more time. They've
already done it three and they're going to do it one more time and they're going to give you every
opportunity to try and make a point. Mr. Gort.
Vice Chairman Gort: Let me tell what the problem is a lot of times. We, at the management level, decide to
do certain things. When it comes to implementation and you send different individuals, different
individuals give different opinions, and this has happened in the past and not only in the Police, but in many
other cases, where one employee will tell you, well, this is what I think and somebody else tells you
something else. So, I think you have to make very sure that whatever response you give to this gentleman is
a response from you all.
Mr. Buhrmaster: That's why I wanted Lieutenant Cotem...
Vice Chairman Gort: Right, right. OK
Mr. Buhrmaster: ...to meet with him because he's already met with him.
63 April 27, 1999
Chairman Plummer: Thank vou, sir.
Vice Chairman Gort: Thank you.
19. LUIS SABINES COMMENTS REGARDING ABUSES OF BURGLARY ALARMS.
Chairman Plummer: Mr. Luis Sabines.
Vice Chairman Gort: They're going to have somebody to get in touch with you, sir. and go over the whole
process again.
Chairman Plummer: Right. They're going to go over it with you one more time. Mr. Sabinas. A number of
us had asked Mr. Sabinas to be on the agenda. For whatever reason, Mr. Sabinas is not on the agenda. I
need a translator. Hello? I need a translator. Hello? I need a translator.
Commissioner Regalado: I'll do it. I'll do it.
Chairman Plummer: All right. Would you, please, inform that Mr. — no, not you. No, no, no, no.
Boom -Boom, sit down — that he was wanting to be on the agenda and I'm going to give him a couple of
minutes to discuss and bring up the issue and we will have it on the next agenda, but give him the
opportunity to have two minutes to speak on the issue. Mr. Sabinas, El President, por vida.
Mr. Luis Sabines (translated by Raul Martinez): He's introducing himself as the president of the Latin
Chamber of Commerce.
Chairman Plummer: All right. Momentico (phonetic). I can assure you that any item beyond Item Number
25, will be heard after lunch. If your item is after 25, go to lunch and be back here, at the earliest, two o'
clock. Go ahead. No, no, no.
Mr. Sabines (untranslated):
Chairman Plummer: Senor, the translation. Por favor.
Mr. Raul Martinez (translator for Luis Sabines): I'll try to do the brief translation. Mr. Sabines says he's
here representing the business people of Miami —in Miami -Dade County, also in the whole City of Miami.
He's here to address the abuses of the alarm ordinance. He's complaining in behalf of the business owners .
and, specifically, one business he relates that's under the Camacol, they've been robbed 37 times and now
they've been cited for false alarms and they're also adding a three dollar ($3) administrative fee. I'm not
familiar with the three dollar ($3) administrative fee..
Chairman Plummer: All right. Wait a minute. Whoa. Tell him that we apologize that it's not on this
agenda. It will be on the agenda of the May 1 Ith? May the 8th? No. What's — May the 1 Ith, OK? And
that he needs to bring anybody down with him on May the 1 lth to testify. OK?
Mr. Sabines: Thank you, Mr. Chairman. Thank you.
Mr. Martinez (translator for Luis Sabines): OK. This may get me in trouble but he's saying that...
Chairman Plummer: All right. Thank you.
64 April 27, 1999
Commissioner Regalado: Come on. Let him say.
Chairman Plummer: Let him say what?
Commissioner Regalado: What he said.
Mr. Martinez: What he said before, he said that these things didn't happen under the old chief. Chief
Warshaw, because he worked with him on the issue of the alarms but the problem started just recently.
Chairman Plummer: Oh. That means that the new chief is going to be replaced. Well, the new chief, we'll
get rid of. OK.
[AT THIS POINT, COMMISSIONER REGALADO LEFT THE CHAMBERS AT APPROXIMATELY
11:44 A.M.]
20.(A) EMERGENCY ORDINANCE: AMEND 11463 - "LOCAL LAW ENFORCEMENT BLOCK
GRANT PROGRAM" - INCREASE FUND ($107,907.10), REPRESENTING INTEREST EARNED
FROM SECOND YEAR GRANT FUNDING MONIES; CORRECT SCRIVENER'S ERRORS IN
ORDINANCE NOS. 11463, 11547, AND 11686 TO ACCURATELY REFLECT THE AMOUNTS
APPROPRIATED TO SAID FUND BY EACH ORDINANCE.
(B) COMMENTS REGARDING HAVING TO READ ORDINANCES AND ABUSE OF
EMERGENCY NATURE OF ORDINANCES.
Chairman Plummer: All right. Item 13, an emergency ordinance. This is to local law enforcement to
increase the amount of money.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Read the ordinance. First roll call.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11463, AS
AMENDED, ADOPTED MARCH 20, 1997, ENTITLED "LOCAL
LAW ENFORCEMENT BLOCK GRANT PROGRAM"; THEREBY
PROVIDING FOR AN INCREASE TO SAID FUND, IN THE
AMOUNT OF $107,907.10, REPRESENTING INTEREST EARNED
FROM SECOND YEAR GRANT FUNDING MONIES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR APPROPRIATION OF SAID INTEREST;
FURTHER CORRECTING SCRIVENER'S ERRORS IN ORDINANCE
NOS 11463, 11547, AND 11686 TO ACCURATELY REFLECT THE
AMOUNTS APPROPRIATED TO SAID FUND BY EACH
ORDINANCE; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
65 April 27, 1999
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 Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Joe Sanchez
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11783
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Chairman Plummer: Mr. Manager, Mr. Lawyer, why -is it, in the County, they don't have to read the
ordinances and we do?
Mr. Alejandro Vilarello (City Attorney): State law requires us to read the ordinances.
Chairman Plummer: Why don't the state law.require the County to read the ordinances?
Mr. Vilarello: I'll be more than happy to look into that.
Chairman Plummer: Because I — could we...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: This issue has been brought up repeatedly. I've been told by the attorney that it's
because of our Charter.
Chairman Plummer: He just said state statute.
66 April 27, 1999
Mr. Vilarello: No, no. The question that you're referring to. I believe. Commissioner Teele, is with regard
to the amendment of appropriations ordinances. That is a requirement of our Charter. Commissioner
Plummer's question was, a requirement — the need to read the caption of the ordinance and that's...
Commissioner Teele: Oh, to read it?
Mr. Vilarello: To read the caption of the ordinance, and that...
Commissioner Teele: Oh, because that's State law. It gives notice.
Chairman Plummer: Well, how come the County doesn't have to do it?
Commissioner Teele: They have to, on second readings.
Chairman Plummer: Well, I think, what they do...
Commissioner Teele: Let me tell you something.
Chairman Plummer: ...they put it up on a screen.
Commissioner Teele: No, they have to read it on second reading. But let me say this, as a County
Commissioner, the only time we ever passed an emergency ordinance was during Hurricane Andrew. The
reason — I mean, you know, the real problem here is that we do emergency ordinances as the normal course
of business. I mean, the next item is a grant and it's no reason this should be an emergency ordinance. It
should be a resolution.
Chairman Plummer: I agree. I agree.
21. EMERGENCY ORDINANCE: AMEND 11332, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND "GANG RESISTANCE
EDUCATION AND TRAINING'; TO INCREASE SAID APPROPRIATIONS, ($356,000),
CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS --
CORRECTING A SCRIVENER' S ERROR.
Chairman Plummer: OK. Item 14. Moved by Sanchez. Seconded by Gort. Read the ordinance. I would
like a budget sent to my office and a final audit on this, to show how the monies were spent. First reading.
Second roll call.
67 April 27, 1999
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11332, AS
AMENDED, - ADOPTED JANUARY 25, 1996. WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"GANG RESISTANCE EDUCATION AND TRAINING" TO
INCREASE SAID APPROPRIATIONS, IN THE AMOUNT OF
$356,000, CONSISTING OF A GRANT FROM THE BUREAU OF
ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE
THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE
CITY MANAGER TO EXPEND MONIES FROM THIS FUND FOR
NECESSARY EXPENSES TO CONTINUE THE OPERATION OF
THE PROGRAM; AND FURTHER CORRECTING A SCRIVENER'S
ERROR TO ACCURATELY REFLECT THE AMOUNT PURSUANT
TO ORDINANCE NO. 11660 APPROPRIATED TO SAID FUND;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
was introduced by Commissioner Sanchez and seconded by Vice Chairman Gort, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by thefollowing vote:
AYES: Commissioner Joe Sanchez
Vice Chairman'Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Whereupon the Commission on motion of Commissioner Sanchez and seconded by Vice
Chairman Gort, adopted said ordinance by the following vote:
AYES: Commissioner Joe Sanchez
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
68 April 27, 1999
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11784
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
22. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED
"SYETP-99' SUMMER YOUTH EMPLOYMENT TRAINING PROGRAM" AND APPROPRIATE
FUNDS ($407,040), CONSISTING OF GRANT FROM THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM (SFETC).
Chairman Plummer: Item 15 we've known about for at least eight months and now it's an emergency.
Moved by Sanchez. Seconded by Gort. Read the ordinance. Call the'roll.on the first roll call.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "SYETP - 99' SUMMER YOUGH
EMPLOYMENT TRAINING PROGRAM" AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAID PROGRAM IN THE
AMOUNT OF $407,040, CONSISTING OF A GRANT FROM THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC); AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO -
THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID
GRANT; CONTAINING A REPEALER PROVISION AND 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 Arthur E. Teele, Jr.
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
69 April 27, 1999
Whereupon the Commission on motion of Commissioner Sanchez and seconded b, Vice
Chairman Gort, adopted said ordinance by the following vote:
AYES: Commissioner Arthur E. Teele. Jr.
Commissioner Joe Sanchez
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11785
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
23. EMERGENCY ORDINANCE: AMEND SECTION 2-33(i), OF THE CODE - "ADMINISTRATION
/ CITY COMMISSION / ORDER OF BUSINESS AND RULES OF PROCEDURE," TO REFLECT
THE TIME AGENDA ITEMS SHALL BE SCHEDULED AND TO ALLOW CONSENT AGENDA
ITEMS .THAT ARE REMOVED FROM THE CONSENT AGENDA TO BE CONSIDERED AS
REGULAR ITEMS AT THE- SAME MEETING.
Chairman Plummer: Another emergency ordinance, Item 16. Moved by Gort. Seconded by Sanchez.
Commissioner Teele: I'd like an amendment to that.
Chairman Plummer: All right, sir. Amendment.
Commissioner Teele: Unless the City Commission, by unanimous — unless the City Commission
unanimously consider such consent item.
Chairman Plummer: All right.
Commissioner Teele: The whole idea here is that, if one Commissioner wants to hold an item, he should.
have that right and by putting the unanimous requirement in -- the protection of that minority — of that
member is protected.
Chairman Plummer: Well -- all right. I think the County — please, refresh my memory. Any one
Commissioner can hold an item for six weeks, is that correct?
Commissioner Teele: Yeah, but this is only saying that if a Commissioner — right now it protects — Mr.
Attorney, you may want to explain what it does.
Mr. Alejandro Vilarello (City Attorney): Right now, as the ordinance currently exists, if a Commissioner
withdraws an item from the consent agenda, by rule, it goes over to the next meeting. However, the City
Commission has, at times, had a question or two that could be resolved by the administration...
70 April 27, 1999
Vice Chairman Gort: Bring it back...
Mr. Vilarello: ...and, therefore, they'd like to bring -- you all would like to bring it back. This will facilitate
that.
Vice Chairman Gort: Right.
Mr. Vilarello: As Commissioner Teele suggested, recommendation is that, any Commissioner, if they still
want the item deferred to the next Commission meeting, would have that right by simply voting against
bringing it back.
Chairman Plummer: OK.
Vice Chairman Gort: OK.
Chairman Plummer: All right. Read the ordinance.
Mr. Vilarello: As amended by Commissioner Teele?
Chairman Plummer: As amended.
Mr. Manuel Gonzalez-Goenaga: Hello?
Chairman Plummer: Is this a public hearing?
Mr. Vilarello: No.
Commissioner Teele: In the second reading, it has to be.
Chairman Plummer: No, but I'm still going to give you a minute.
Mr. Gonzalez-Goenaga: I want a clarification now. When there is an emergency and there. is -- goes on
ordinance, they have to be public hearing. 1 am afraid I instruct -- I suggest —1 don't instruct anybody here —
that the issue of public speaking and finally, clearly spelled out so we -- I don't want to break the law or the
ordinance here, but I think that the freedom of speech has been a breech constantly and let me tell you, we
used to have two meetings a month. Now, we're going to one meeting a month.
Chairman Plummer: That's not correct, sir.
Mr. Gonzalez-Goenaga: And very soon we will not have any meetings whatsoever.
Chairman Plummer: Thank you, sir. Then you won't have any place to go.
Mr. Gonzalez-Goenaga: Right.
71 April 27, 1999
An Ordinance Entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 2.
ARTICLE II, SECTION 2-33(i), OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/CITY COMMISSION/ORDER OF BUSINESS
AND RULES OF PROCEDURE", TO CORRECTLY REFLECT THE
TIME AGENDA ITEMS SHALL BE SCHEDULED AND TO ALLOW
CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE
CONSENT AGENDA TO BE CONSIDERED, BY A UNANIMOUS
VOTE OF ALL COMMISSIONERS PRESENT, AS REGULAR ITEMS
AT THE SAME MEETING; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner
Sanchez, adopted. said ordinance by the following vote:
AYES: Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
72 April 27, 1999
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11786
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public .
24. FIRST READING: AMEND 11590. BY CHANGING NAME OF SPECIAL REVENUE FUND TO
"FEMA/USAR GRANT AWARD" AND APPROPRIATING ADDITIONAL FUNDS CONSISTING
OF TWO GRANTS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN
THE AMOUNTS OF $80,000 FOR FY `97-98 AND $83,740 FOR FY `98-99, FOR A TOTAL
APPROPRIATION OF $163,740, FOR THE PURCHASE OF EQUIPMENT, AND TRAINING.
MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND
RESCUE SAR) PROGRAM.
Chairman Plummer: Item 17. Moved by Teele. Seconded by Sanchez. Read the ordinance. Motion
understood? Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11590, ADOPTED JANUARY 13,
1998, BY CHANGING THE NAME OF THE SPECIAL REVENUE
FUND ESTABLISHED BY SAID ORDINANCE TO "FEMA/USAR
GRANT AWARD" AND APPROPRIATING ADDITIONAL FUNDS
CONSISTING OF TWO GRANTS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE
AMOUNTS OF $80,000 FOR FY `97-98 AND $83,740 FOR FY `98-99,
FOR A TOTAL APPROPRIATION OF $163,740, FOR THE
PURCHASE OF EQUIPMENT, AND TRAINING, MANAGEMENT,
AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN
SEARCH AND RESCUE (USAR) PROGRAM; 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 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 Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS:. None.
ABSENT: Commissioner Tomas Regalado
73 April 27, 1999
The City Attorney read. the ordinance into, the public record and announced that copies were
available to the members of the City Commission and to the public.
25. FIRST READING: AMEND 10840, WHICH ESTABLISHED INITIAL APPROPRIATIONS FOR
THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND, INCREASE SAID
APPROPRIATIONS ($75,731) AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID
FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT GROVE SPECIAL EVENTS
DISTRICT SUPPLEMENTARY USER FEE.
Chairman Plummer: Item 18. Moved by Gort. Seconded by Teele. Eighteen. Read the ordinance. Just
want to remind you, when we started this committee, it wasn't to raise any fees whatsoever. It was to limit
the number of.those activities and this is a side that we have been able to secure. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10840, ADOPTED ON FEBRUARY
14, 1991, AS AMENDED, WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL
EVENTS DISTRICT FUND, THEREBY INCREASING SAID
APPROPRIATIONS IN THE AMOUNT OF $75,731 AS A RESULT
OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO
SUCCESSFUL COLLECTION OF THE COCONUT GROVE
SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE;
PROVIDING FOR FURTHER APPROPRIATIONS AND
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was passed on
first reading, by title only, 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
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.
74 April 27, 1999
26. FIRST READING: AMEND CHAPTER 10/ARTICLE 1. ENTITLED `BUILDINGS/IN
GENERAL," AND CHAPTER 54/ARTICLE 1, ENTITLED "STREETS AND SIDEWALKS/IN
GENERAL," OF THE CODE TO ALLOW THE DIRECTORS OF PLANNING AND ZONING AND
PUBLIC WORKS TO WAIVE PERMIT FEES FOR THOSE PERMITS REQUIRED BY ENTITIES
AND AGENCIES OF THE CITY OF MIAMI; MORE PARTICULARLY BY ADDING NEW
SECTIONS 10-5 AND 54-17 TO SAID CODE.
Chairman Plummer: Item 19. Moved by Sanchez. Seconded by Gort. Read the ordinance.
Mr. Alejandro Vilarello (City Attorney): For the record, there needs to be an amendment to the ordinance
as it exists in here.
Chairman Plummer: Nineteen or 18?
Mr. Vilarello: Nineteen.
Chairman Plummer: All right. What's the amendment?
Mr. Vilarello: Nineteen. We're adding, "after directors of planning." Inserting the word "building." And
then, in addition to amending Sections 10-5 and 54-17. Also, amending Section 62-159.
Chairman Plummer: So noted. Read the ordinance. Motion understood? Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO ALLOW THE DIRECTORS OF BUILDING AND
ZONING, PUBLIC WORKS, AND PLANNING TO WAIVE PERMIT
FEES FOR THOSE PERMITS REQUIRED BY ENTITIES AND
AGENCIES OF THE CITY OF MIAMI; MORE PARTICULARLY BY
ADDING NEW SECTIONS 10-5, 54-17, AND 62-159 TO SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Sanchez, seconded by Vice Chairman Gort, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr. -
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
75 April 27, 1999
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Chairman Plummer: Item 21 was pulled or what? Withdrawn, correct?.
Mr. Walter Foeman (City Clerk): It was deferred.
Mr. Donald Warshaw (City Manager): Deferred.
Chairman Plummer: Deferred. Oh, I pulled it. Why did I...
Mr. Warshaw: You wanted a public hearing ? a workshop.
Chairman Plummer: OK. This is on the Newsrack. OK. Item 22.
[NOTE FOR THE RECORD: ITEM 22 WAS TABLED UNTIL AFTER THE LUNCHEON RECESS.]
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would ask that you take Item 22 up after lunch, please.
Chairman Plummer i All right, sir. After lunch.
27. AUTHORIZE MANAGER TO EXECUTE A RESTRICTIVE COVENANT FOR A PORTION OF
FLAGAMI PARK, (CURRENTLY OCCUPIED BY SOUTHWEST SOCIAL SERVICES PROGRAM),
INC. FOR RENOVATIONS AND ENLARGEMENT OF THE KITCHEN AND REMODELING OF
THE BUILDING.
Chairman Plummer: All right. Twenty-three has been withdrawn. Item 24. Moved by...
Vice Chairman Gort: Move it.
Chairman Plummer: Well — OK. Moved by Gort. Seconded by Sanchez. Regalado's not here. Do you
have a problem with this?
Ms. Angela Vazquez: No. We just wanted to ask you, if you can expedite it, as soon as possible? Because
we only have three months to complete the whole renovations or we lose the money in Tallahassee.
Chairman Plummer: All right. We'll ask the administration to do what they can. All right.
Ms. Vazquez: Thank you.
Chairman Plummer: Any. further discussion? Hearing none, all in favor of Item 24, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
76 April 27, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-272
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT. IN
SUBSTANTIALLY THE ATTACHED FORM, FOR A PORTION OF
FLAGAMI PARK, AS MORE PARTICULARLY DESCRIBED IN
SAID RESTRICTIVE COVENANT, WHICH PARCEL IS
CURRENTLY OCCUPIED BY SOUTHWEST SOCIAL SERVICES
PROGRAM, INC. ("PERMITTEE") PURSUANT TO A REVOCABLE
PERMIT DATED MARCH 2, 1987, AS AMENDED, SAID
COVENANT BEING REQUIRED BY THE STATE OF FLORIDA,
DEPARTMENT OF ELDER AFFAIRS, IN CONSIDERATION OF A
GRANT TO PERMITTEE IN THE AMOUNT $29,000 FOR
RENOVATIONS AND ENLARGEMENT OF THE KITCHEN AND
REMODELING OF THE BUILDING TO PROVIDE ADDITIONAL
SPACE FOR PERMITTEE TO INCREASE ITS SERVICES; SAID
COVENANT TO RUN WITH THE LAND FOR A LIMITED TERM
OF FIVE YEARS FROM THE DATE OF COMPLETION OF
CONSTRUCTION.
(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.
Vice Chairman Gort: Suggestion.
Chairman Plummer: Suggestion.
Vice Chairman Gort: Let's get somebody from the Building Department to work with these individuals to =-
because the problem is pulling the permits and so on.
Chairman Plummer: All right.
Vice Chairman Gort: And they need to get this going.
77 April 27, 1999
28. RATIFY, APPROVE. CONFIRM MANAGER'S ACTION IN EXECUTING AMENDMENT NO. 3
TO THE MANAGEMENT AGREEMENT WITH LATIN AMERICAN GOURMET RESTAURANT.
INC. WHICH PROVIDED FOR: 1) REINSTATEMENT OF THE MANAGEMENT AGREEMENT,
DATED MAY 29, 1992, AS AMENDED (THE "AMENDED AGREEMENT"). 2) AN EXTENSION
OF TIME FOR THE OPENING OF THE CONCESSION AREA AT PAUL WALKER PARK,
LOCATED AT 46 W. FLAGLER STREET, TO JUNE 30. 1999, 3) THE CITY RETAINING THE
$100,000 PROCEEDS RECEIVED UNDER THE LETTER OF CREDIT ON DECEMBER 2. 1998
UNTIL THE COMPLETION OF THE CONSTRUCTION OF THE CONCESSION AREA. 4) IN THE
EVENT THE CONCESSION AREA IS OPEN FOR BUSINESS ON OR BEFORE JUNE 30. 1999,
$50,000 WILL BE RETURNED TO MANAGEMENT, 5) IN THE EVENT THE CONSTRUCTION IS
NOT COMPLETED AND THE . CONCESSION AREA IS NOT OPEN FOR BUSINESS ON OR
BEFORE JUNE 30, 1999; THE CITY SHALL RETAIN THE ENTIRE $100,000 AND ALL INTEREST
ACCRUED WITH THE REMAINING $50,000 PLUS INTEREST TO BE DEPOSITED IN THE
UNANTICIPATED REVENUE ACCOUNT.
Chairman Plummer: Item 25. What is this? I thought we had this finished. Mr. Manager, Item 25.
Ms. Dena Bianchino (Assistant City Manager): This is approving and confirming the City Manager's
action. Once again, the Latin American Gourmet Restaurant did not complete their work, as scheduled.
Because we didn't want to slow them up and make them stop construction and, then, have to start again,
we...
Chairman Plummer: What are you recommending?
Ms. Bianchino: That we extend the agreement, as stated in this resolution.
Mr. Donald Warshaw (City Manager): And, for the record, they are working.
Chairman Plummer: OK.
Commissioner Teele: They'll have -until June 30th?
Mr. Warshaw: - Yes, sir.
Chairman Plummer: Moved by...
_ Commissioner Sanchez: I understand.
Chairman Plummer: Moved by Teele.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Gort. Mr. Gort.
Vice Chairman Gort: They're going to have to move fast. They're supposed to be finished by the 30th.
They're going to have to move fast and work 24 hours a -day.
Ms. Bianchino: They understand that. And, if they don't complete it by June 30th, their entire letter of
credit goes to the City of Miami.
78 April27, 1999
Chairman Plummer: Wow! OK. All in favor of Item 25, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-273
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S ACTION IN EXECUTING AMENDMENT
NO. 3 TO THE MANAGEMENT AGREEMENT, IN THE
ATTACHED FORM, WITH LATIN AMERICAN GOURMET
RESTAURANT, INC. ("MANAGEMENT") WHICH PROVIDED
FOR: 1) REINSTATEMENT OF THE MANAGEMENT
AGREEMENT, DATED MAY 29, 1992, AS AMENDED (THE
"AMENDED AGREEMENT"); 2) AN EXTENSION OF TIME FOR
THE OPENING OF THE CONCESSION AREA AT PAUL WALKER
PARK, LOCATED AT 46 W. FLAGLER STREET, TO JUNE 30, 1999;
3) THE CITY RETAINING THE $100,000 PROCEEDS RECEIVED
UNDER THE LETTER OF CREDIT ON DECEMBER 2, 1998 UNTIL
THE COMPLETION OF THE CONSTRUCTION OF THE
CONCESSION AREA; 4) IN THE EVENT THE CONCESSION AREA
IS OPEN FOR BUSINESS ON OR BEFORE JUNE 30, 1999, $50,000
WILL BE RETURNED TO MANAGEMENT; 5) IN THE EVENT THE
-CONSTRUCTION IS NOT COMPLETED AND THE CONCESSION
AREA IS NOT OPEN FOR BUSINESS ON OR BEFORE JUNE,30,
1999; THE CITY SHALL RETAIN THE ENTIRE $100,000 AND ALL
INTEREST ACCRUED WITH THE REMAINING $50,000 PLUS
INTEREST TO BE DEPOSITED IN THE UNANTICIPATED
REVENUE ACCOUNT.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
79 April 27, 1999
29. DISCUSS AND TABLE CONSIDERATION OF ORDINANCE RELATING TO OPERATIONAL
AND BUDGETARY REQUIREMENTS OF CERTAIN CITY DEPARTMENTS. (See label 58).
Chairman Plummer: I have previously announced that that is as much as.we would take up this morning.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: If we have a minute or two, may I ask some questions of the management on Number
22?
Chairman Plummer: Proceed. Mr. Manager.
Commissioner Teele: This is number 22.
Chairman Plummer: Twenty-two, correct?
Commissioner Teele: Right.
Chairman Plummer: Questions on 22.
Commissioner Teele: I understand there's been some discussion about the creation of a new department
Mr. Donald Warshaw (City Manager): Yes, sir.
Commissioner' Teele: Has that department been authorized from'a budget point of view by this
Commission?
Mr. Warshaw: That department, which is Real Estate and Economic Development, is currently now
functioning as a division of the Planning Department. There were no new funds expended for the creation
of that department. In other words, the funds...
Commissioner Teele: OK. I understand that. I'm trying, I think, to give you the benefit of -- if it's your
intent to create a department, although it has been announced — Lread in the newspaper this department. I
see quotes from this department. It would be the appropriate time, in this mid -year budget, to come forward
to this Commission with a separate resolution and move the monies from wherever you're proposing. I
happen to think it's a very good idea and I'm — but what I don't want to do is start down this very slippery
slope that's going to wind us all back where we are coming from and that is, when we start getting creative
and we start getting cute about budget issues, there is no — you know, that's fine, OK for the Manager to do
it on this side but, then, on something else, it may not be something so fine. And I'm saying is, Don, I really
think if you really want to do a department, the time to do it is right now, in Item Number 22, to make a
budget amendment and I will support it and 1 think the vast majority of this Commission would support it.
But I think what's really scary is, if we get'— start back into these old ways of creating departments or
creating offices that nobody knows about, that haven't been_ approved -- and I'm trying to say this
constructively to you. So, I would like to see that department flushed out, as aseparate line item, given a
line in this budget as a mid -year and let's move forward. The other area that I'd like to talk about — because I
think those kinds of things really do raise the anti -deficiency issue. The other thing that I want to talk about
80 April 27, 1999
are details, detailed people, people that are on Detail. One of the things that Stierheim and them. when the\
first came in, there were people assigned places and they were all over the place. We need, if we don't have
it, Mr. Attorney, we need to exact, in very clear language, that the detailing of individuals beyond some
period of time — 30 days, 60 days, 90 days, a year, you all pick the number -- shall be prohibited without the
permission of the Commission to allow that Detail for the purpose of budget. But, for example. you could
Detail five people, say, from the Police Department to your budget, to your office, to work for vou. OK. But
-- so, what it means is, in effect, that you determine that you need five more people to work but the budget
does reflect that and the Detail should go — the dollar should go with the Detail is what I'm saving. We
should not allow detailing of individuals to become a subterfuge for slipping us right back to where we
were. I'll support detailing of individuals by the — by a written memorandum of the Manager for 30 days,
for 60 days, for 90 days. I think, after 90 days, it ought to be...
Vice Chairman Gort: It should be in the real budget.
Commissioner Teele: Huh?
Vice Chairman Gort: It should be in the real budget.
Commissioner Teele: It should be in the real budget. 1 mean, maybe it's 120. I don't know. But what I'm
saying, Don, is that I really do believe that these are the kinds of things that we need to begin to focus on
because I think we're marching in the right direction but I really have some concerns about those two areas,
specifically. There are some specific budget areas that I think we really need to look at very closely. But I'd
like to know your reaction or your staffs reaction to those two points.
Mr. Warshaw: I'd like to...
Chairman Plummer: These are questions, not for answers. These were questions that he wants to address at
a later time.
Commissioner Teele: Well, it's going to have to...
Mr. Warshaw: Oh, I thought he wanted me to answer them now. I'm sorry.
Commissioner Teele: It's going to have to be today. If we're going to move forward...
Chairman Plummer: OK. We deferred Item 22 until the afternoon, at your request.
Commissioner Teele: Well, again, I think it's...
Chairman Plummer: You want to do it, do it. Give him his answers.
Mr. Warshaw: I'll be glad to answer those two questions.
Chairman Plummer: All right. Give him his answers.
Mr. Warshaw: All right. Question number one, on the creation of departments, was an interesting learning
process. The Charter says that the Commission is the authority to create new departments. Now, in going
back over the last 20 years — and I researched it with the assistance of the City Attorney -- it appears to me
that what has happened during that 20 year period of time is that departments were created as part of initial
appropriation ordinances at the beginning of the budget year, as opposed to individual resolutions. In this
81 April 27, 1999
mid -year appropriation, I have corrected the issue of Real Estate and Economic development and made it a
department and it is part of Item Number 22. But I think it's important for the Commission to kno,.%r that.
historically, at least we went back -- on the last 10 years. there has never been a Commission action that. in
effect, has created a department. Although departments have come and gone many times over in the last 10
years, the creation came, as I said, as part of the appropriations ordinance. On the other issue, I agree with
you on the issue of the detailing. Right now, I -- according to the way I understand it, it's been my
prerogative to move people around, and I have moved people over the years. even back to the years I was
police chief on a loan basis from one department to another, using people from the Police Department to
help on other city projects. However, there comes a period of time when that move is more permanent than
temporary and, at that point, a budgetary adjustment should be and needs to be made to reflect that -- those
individuals are in the cost center, you know, where they should be charged to. And I agree with the
Commission that, if you set a time frame as to what makes permanence, whether it's 90 days or 60 days.
whatever that is, I don't have any problem with that.
Chairman Plummer: Yeah, but there's got to be flexibility. All right. Look, let me give you the classic
example in my office. In my office you gave me a person because this Commission designated me as the
liaison to the Jobs Program and all of that in the consortium. That is a tremendous amount of work. You
were able to give me a lady from Community Development, who does 80 percent of her time, maybe 90.
devoted to that, yet she's in my office and working out of my office. As I've said to you all before, if you
don't want her there, I give up the job and let somebody else try to get the four million dollars ($4,000,000)
that I've got for the City. So, there's got to be some flexibility. That's all I'm saying.
Mr. Warshaw: In the past, we've transferred employees at the Police Department, for example, to work in
the Department of Human Resources, in preparation for recruitment drives and exams. But I agree, at some
point, there needs to be some permanence. Otherwise, you're not getting a true picture of the costs to
operate a particular department.
Chairman Plummer: All right. This Commission stands in adjournment until what time? Three o'clock
agreeable, Teele?
Commissioner Teele: Yes.
Chairman Plummer: I mean, you know, we made a commitment to finish the agendas this evening.
Commissioner Sanchez: I can be back at one o'clock, if you want to.
Chairman Plummer: Well, so can I. Three o'clock is fine with me. Mr. Teele, three.
Commissioner Teele: Two -thirty?
Chairman Plummer: Two -thirty? What time?
Commissioner Teele: Willie?
Chairman Plummer: Two -thirty is fine. This Commission stands in adjournment.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:05 P.M. AND RECOVENED
AT 2:32 P.M., WITH MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT
VICE CHAIRMAN GORT AND COMMISSIONER REGALADO.
82 April 27, 1999
30. COMMENTS REGARDING CHALK'S AIRLINES BANKRUPTCY AND LITIGATION
AGAINST CITY.
Chairman Plummer: All right. We need to get started on something. Mr. City Attorney? Is there a Cite
Attorney here? Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Plummer: I wish to bring to your attention the bankrupt Chalk's Airline, with the potential of
going out to three bidders. I want to make sure that the judge or the referee fully informs those bidders of
the litigation with the City of Miami. I don't want the bidders to go out and bid and, then, come in and say,
"why didn't somebody tell me?"
Mr. Vilarello: Commissioner, the trustee and the administration and myself have been in touch on -- and
have met on several occasions on the issue. I will follow that up in writing to make sure that it's clear, but it
is clear to the trustee that we don't feel that they have a much of a claim as to the Watson Island land that
they're currently occupying.
Chairman Plummer: Send me a copy, please.
31. CHAIRMAN PLUMMER COMMENTS REGARDING OWNERS OF BUILDINGS
RESPONSIBILITY FOR TENANTS' OCCUPATIONAL LICENSES.
Chairman Plummer: Mr. Manager and Mr. lawyer, while I'm taking advantage of waiting for a third
Commissioner. I think it is absolutely ridiculous that a person who owns a building has to be paying
policemen to make sure people in his renting his building have occupational licenses. What do we have
inspectors for? This gentleman downtown tells me that you have informed him of a 10 story building that
he is totally responsible for his client's, his renters, to have occupational licenses or they are going to fine
him and, in fact, put a lien against his property. Mr. Manager, it makes no sense to me at all. Please, can
you come back to this City Commission and let me know what the story is?
Mr. Alejandro Vilarello (City Attorney): Commissioner, do you have the name of the individual?
Chairman Plummer: I — we've got it in the office. It's a major building. He's got another problem, by the
way. He had — his building is a 10 story on 1st Street, which goes to what used to be the Three Sisters on
Flagler Street. The Fire Department says you've got to put sprinkler systems, which he agreed to do, but
they said, "No, you've got to do the Three Sisters." He says, "I don't own it." How can I make him do it?
Mr. Manager, I notice in the County Commission, that I want to raise my voice also. I can't speak for my
colleagues. I think that we need someone to come here — Commissioner Teele, I want to ask you on this
question, which I've got to do in public.
32. COMMENTS REGARDING HIGH COST OF WATER.
Chairman Plummer: Mr. Manager, the water bills in the City of Miami are- horrendous. I live alone. 1 take
a bath a day, most days. I wash my clothes once a week. My water bill was two hundred and sixty-two
dollars ($262).
83 April 27, 1999
Commissioner Sanchez: Don't go to the bathroom so much.,
Chairman Plummer: Wait a minute now. Commissioner Teele, you made some comments -- that's .vhat I
was wanting to ask, since I can't talk to you privately -- about the monies that Metro -Dade County Water
and Sewer Department are putting away, that should be coming to the City, but where is all of this excess`'
My water bill, the actual water bill, was sixty-two dollars ($62). When you add the storm, double the
sewage, I think that the people of this City have the right to have someone come here to this Commission
meeting and explain to the people of this community why our water bills are so high?
Mr. Donald Warshaw (City Manager): I'll arrange for it in the next meeting.
33. RESCIND BID AWARD TO RAMON LORENTE CORPORATION FOR FURNISHING AND
INSTALLATION OF PLAYGROUND EQUIPMENT AT WEST BUENA VISTA AND MILLER
DAWKINS PARKS, FOR FAILURE TO PROVIDE REQUIRED CERTIFICATE OF INSURANCE,
AND AWARDING THE BID TO EDU-TECH, INC., ($46,718). (See labels 36 and 37).
Chairman Plummer: OK. We now have four members of the Commission present. We're on Item 26. On
Item 26 is Playground Equipment from a local vendor and it is for the amount of forty-six thousand seven
hundred and eighteen dollars ($46,718). Is there a motion?
Commissioner Sanchez: Move.
Chairman Plummer: Moved by...
Commissioner Regalado; Second.
Chairman Plummer: ...Sanchez. Seconded by Regalado. Anyone wishing to discuss the issue? All in favor
say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-274
A MOTION RESCINDING THE BID AWARD TO RAMON LORENTE
CORPORATION FOR THE FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT AT WEST BUENA VISTA AND MILLER
DAWKINS PARKS, FOR FAILURE TO PROVIDE REQUIRED
CERTIFICATE OF INSURANCE, AND AWARDING THE BID TO EDU-
TECH, ETC.
84 April 27, 1909
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
34. AUTHORIZE FURNISHING AND INSTALLATION OF HURRICANE SHUTTERS AND STORM
MITIGATION SYSTEMS FROM SEA VIEW INDUSTRIES, INC., JEFF ROBINSON SHUTTER CO.,
INC., HURST AWNING CO., INC., AND ROLLADEN, INC. (See labels 36 and 38).
Chairman Plummer: Twenty-seven has been withdrawn. Item 28 is storm shutters being paid for by FEMA
(Federal Emergency Management Agency) for three hundred and sixty-one thousand plus dollars.
Commissioner Sanchez: Move.
Chairman Plummer: Moved by Sanchez. Seconded by Regalado. Anybody wishing to discuss it?
Everyone in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show unanimous.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-275
A MOTION AUTHORIZING THE FURNISHING AND
INSTALLATION OF HURRICANE SHUTTERS AND STORM
MITIGATION SYSTEMS FROM SEA VIEW INDUSTRIES, INC.,
JEFF ROBINSON SHUTTER CO., INC., HURST AWNING CO., INC.,.
AND ROLLADEN, INC.
85 April 27, 1999
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
[AT THIS TIME, VICE CHAIRMAN GORT ENTERS THE COMMISSION CHAMBERS AT
APPROXIMATELY 2:36 P.M.]
35. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE PROCUREMENT OF ONE
1999 PIERCE SABER PUMPER TRUCK FROM PIERCE MANUFACTURING, INC. (See labels 36
and 39).
Chairman Plummer: Item 29.
Vice Chairman Gort: I thought we were coming back at 2:30.
Chairman Plummer: We are. It's 2:36. Excuse me.
Vice Chairman Gort: You always wait for everybody.
Chairman Plummer: We've only done 27 and 28. Twenty-nine is buying one more piece of fire equipment
from two hundred and twenty-two thousand one hundred and fourteen dollars ($222,114). Moved by
Sanchez. Seconded by Gort. This is a four/fifths vote. All in favor, by — say by "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Did everybody say "aye"?
Commissioner Regalado: Yes.
Chairman Plummer: Mr. Teele, aye? Mr. Teele, aye?
Commissioner Teele: Aye.
Chairman Plummer: It is a four/fifths vote, so ratified.
86 April 27, 1999
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-276
A MOTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING OF AN EMERGENCY; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND APPROVING THE PROCUREMENT OF ONE
1999 PIERCE SABER PUMPER TRUCK FROM PIERCE
MANUFACTURING, INC.
Note for the Record: Item 26 was later reconsidered by Motion 99-277.2
and passed as Resolution 99-280.
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.
36. RECONSIDER VOTE ON M-99-274 (RESCIND BID AWARD TO RAMON LORENTE
CORPORATION FOR FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT AT
WEST BUENA VISTA AND MILLER DAWKINS PARKS, FOR FAILURE. TO PROVIDE
REQUIRED CERTIFICATE OF INSURANCE, AND AWARDING THE BID TO EDU-TECH, INC.
RECONSIDER VOTE ON M-99-275 (AUTHORIZE FURNISHING AND INSTALLATION OF
HURRICANE SHUTTERS AND STORM MITIGATION SYSTEMS FROM SEA VIEW
INDUSTRIES, INC., JEFF ROBINSON SHUTTER CO., INC., HURST AWNING CO., INC., AND
ROLLADEN, INC.). RECONSIDER VOTE ON M-99-276 (RATIFY, APPROVE, CONFIRM
MANAGER'S FINDING OF EMERGENCY; WAIVE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVE PROCUREMENT OF ONE 1999 PIERCE SABER PUMPER TRUCK
FROM PIERCE MANUFACTURING. INC.) (See labels 33-39)
Chairman Plummer: Item Number 30, the Manager, has been requested that it be withdrawn and put to the
next meeting. Item 31 is a four/fifths vote confirming the City Manager's finding, Unisys Corporation.
Here we go. Twenty thousand dollars ($20,000).
Commissioner Sanchez: Move.
Chairman Plummer: Moved by Sanchez. Seconded by? Seconded by? For the third and final time,
seconded by?
Commissioner Teele: How much is the contract?
87 April 27, 1999
Chairman Plummer: Well, we need to understand for discussion. Contract...
Commissioner Sanchez: Second for the purpose of discussion.
Chairman Plummer: Mr. Teele asked a question. How much is the contract?
Commissioner Sanchez: Second for the purpose of discussion.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: I want to go back to the items we started from.
Chairman Plummer: Twenty-seven.
Vice Chairman Gort: I want to go back to 26.
Chairman Plummer: OK.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I move to reconsider the items that have been taken up.
Chairman Plummer: So ordered. Item 26 is now for reconsideration. Well, wait a minute. Can we take a
motion to reconsider 26, 27, 28 and 29? ,It is now so seconded. All in favor, say "aye."
The following motions were introduced by Commissioner Teele, who moved their adoption:
MOTION NO. 99-277
A MOTION TO RECONSIDER MOTION 99-274 (AGENDA ITEM 26,
RESCIND BID AWARD TO RAMON LORENTE CORPORATION
FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND
EQUIPMENT AT WEST BUENA VISTA AND MILLER DAWKINS
PARKS FOR FAILURE TO PROVIDE REQUIRED CERTIFICATE
OF INSURANCE, IN AWARDING THE BID TO EDU-TECH, INC.
FOR THE PROVISION OF SAID SERVICES AT A TOTAL COST
NOT TO EXCEED $46,718.
(Note: this item was immediately thereafter passed as Resolution No. 99-278)
MOTION NO.99-277.1
A MOTION TO RECONSIDER MOTION 99-275 (AGENDA ITEM 28,
AUTHORIZE FURNISHING AND INSTALLATION OF HURRICANE
SHUTTERS AND STORM MITIGATION SYSTEMS FROM C-VIEW
INDUSTRIES, INC., JEFF ROBINSON SHUTTER COMPANY, INC.,
HURST AWNING COMPANY, INC., AND ROLLADEN, INC. IN
THE TOTAL AMOUNT OF $361,333.).
88 April 27, 1999
(Note: this item was immediately thereafter passed as Resolution No. 99-279).
MOTION NO. 99-277.2
A MOTION TO RECONSIDER MOTION 99-276 (AGENDA ITEM 29,
RATIFY, APPROVE AND CONFIRM THE CITY MANAGER'S
FINDING OF AN EMERGENCY; WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
PROCUREMENT OF ONE 1999 PIERCE SABER PUMPER TRUCK
FROM PIERCE MANUFACTURING, INC., IN AN AMOUNT NOT
TO EXCEED $222,114).
(Note: this item was thereafter passed as Resolution No. 99-280).
Upon being seconded by Commissioner Regalado, the motions were passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: . None.
ABSENT: None.
37. RESCIND BID AWARD TO RAMON LORENTE CORPORATION FOR FURNISHING AND
INSTALLATION OF PLAYGROUND EQUIPMENT AT WEST BUENA VISTA AND MILLER
DAWKINS PARKS, FOR FAILURE TO PROVIDE REQUIRED CERTIFICATE OF INSURANCE,
AND AWARDING THE BID TO EDU-TECH, INC., ($46,718); ALLOCATING FUNDS THEREFOR
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, CAPITAL IMPROVEMENT
PROGRAM, PROJECT NOS. 331409 & 331404. See labels 34 and 36).
Chairman Plummer: Item 26? Is there a motion?
Commissioner Teele: So moved.
Commissioner Sanchez: I made the motion.
Chairman Plummer: Commissioner Gort wishes to be recorded.
Vice Chairman Gort:.I have a question. Why is this being rescinded?
Chairman Plummer: Why what?
Vice Chairman Gort: It's being rescinded. This is a resolution for recycle equipment?
Chairman Plummer: Playground equipment.
89 April 27, 1999
Vice Chairman Gort: You're reciting what happened to it.
Chairman Plummer: Rescinding.
Vice Chairman Gort: Rescinding. Why?
Chairman Plummer: Wants to know why is it being rescinded.
Commissioner Regalado: I asked that same question, Commissioner Gort, and I was told that this company
did not comply with the- insurance. That's what I was told.
Mr. Donald -Warshaw (City Manager): Failure to submit a certificate.
Ms. Judy Carter (Director, Purchasing): Yes, of course.
Vice Chairman Gort: The reason I'm asking these questions because, from now on, what I would like to see
in the contract, if possible, built into our contracts should be some kind of surety that anyone that gets an
award from us, if they don't comply, they pay for it. Somehow, because it's a waste of time and a waste of
money for the City and this has been taking place for a long time.
Chairman Plummer: Sounds interesting.
Vice Chairman Gort: I think.we should have some kind of band without...
ms. Carter: A bond is so hard to redeem.
Mr. Alejandro Vilarello (City Attorney): Commissioner, you can certainly, with each bid, require a bid
bond. You can require a bond or some alternative form of security, like a letter of credit or a cash bond. It's
certainly appropriate for you to require that.
Vice Chairman Gort: I would like to include in that — because it's very easily to come out and, then, decide
they don't want to do it because they're too long. And I don't think the City, in a sense, they should pay for
that.
Ms. Carter: In effect, we're going to pay for that.
Vice Chairman Gort: Right.
Ms. Carter: Because I will assure you that the vendor is going to add that to his price because he must
purchase that bond. Now, as it relates to the item here, I wanted to identify and share with you that the
reason we rescinded it, Commissioner Regalado, is because the insurance certificate was not submitted to us
after the award had been made. For those requirements, whereby insurance is required, we do not ask for
the certificate until after award because — and there's a good reason — because the City must be shown, as an
additional insured — and that is an additional cost to the vendor. They may have an insurance certificate but
they, obviously, would not have an insurance certificate that bears the City as an additional insured. That
particular vendor never provided us with that particular insurance certificate, showing the City as an
additional insured.
Vice Chairman Gort: Well, maybe we should have those costs up front so, when they put the bid in, they
include all those costs. Because if that's -- that's a hidden cost to him when he starts figuring out, he's got to
90 April 27, 1999
get insurance, he's got to put whatever he needs...
Ms. Carter: Well, he knows he's got to get insurance. That is giving notice to him.
Vice Chairman Gort: So, that is in front of the RFP (request for proposal)?
Ms. Carter: Oh, yes. He knows the requirements at the beginning. He just does not have to produce it.
insofar as the City being shown as an additional insured until an award has been made.
Mr. Vilarello: Commissioner, your concerns would be addressed by the forfeiture of a bid bond. If they did
not provide the necessary insurance, that would entitle the City to forfeit or receive that amount at bid bond.
Chairman Plummer: But don't you have the availability of saying, you have to demonstrate you have the
way to do it?
Ms. Carter: For the insurance requirement — well, yes. The insurance requirement, you have to
demonstrate...
Chairman Plummer: Show proof.
Ms. Carter: You must know — yes, you must know up front what the requirements are because you may
have to purchase this insurance with the City as an additional insured. We have them to sign -off and
verifying — certify that they do have it and can provide it, if they're provided the award.
Chairman Plummer: All right. Item 26, a motion.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
91 April 27, 1999
The following resolution was introduced b}; Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-278
A RESOLUTION RESCINDING THE BID AWARD TO RAMON LORENTE
CORPORATION FOR THE FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT AT WEST BUENA VISTA AND MILLER
DAWKINS PARKS, FOR FAILURE TO PROVIDE REQUIRED
CERTIFICATE OF INSURANCE, AND AWARDING THE BID TO EDU-
TECH, INC., FOR THE PROVISION OF SAID SERVICES, AT A TOTAL
COST NOT TO EXCEED $46,718; ALLOCATING FUNDS THEREFOR
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, CAPITAL
IMPROVEMENT PROGRAM, PROJECT NOS. 331409 AND 331404.
(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.
38. AUTHORIZE FURNISHING AND INSTALLATION OF HURRICANE SHUTTERS AND STORM
MITIGATION SYSTEMS FROM SEA VIEW INDUSTRIES, INC., JEFF ROBINSON SHUTTER CO.,
INC., HURST AWNING CO., INC., AND - ROLLADEN, INC., UNDER MIAMI-DADE COUNTY
CONTRACT ($361,333), FOR THE DEPARTMENTS OF FIRE -RESCUE, POLICE, GENERAL
SERVICES ADMINISTRATION, AND CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES. (See labels 34 and 36)
Chairman Plummer: Item 28. Wait a minute. Did we do 27? Twenty-seven was withdrawn.
Commissioner Sanchez: Twenty-seven was withdrawn. Twenty-eight.
Chairman Plummer: Twenty-eight is the shutters, paid for by FEMA (Federal Emergency Management
Agency).
Commissioner Sanchez: Move.
Vice Chairman Gort: Second.
Chairman Plummer: By Sanchez. Seconded by Gort. All in favor say "aye."
92 April 27, 1999
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-279
A RESOLUTION. OF THE MIAMI CITY COMMISSION AUTHORIZING
THE FURNISHING AND INSTALLATION OF HURRICANE SHUTTERS
AND STORM MITIGATION SYSTEMS FROM SEA VIEW INDUSTRIES,
INC., JEFF ROBINSON .SHUTTER CO., INC., 1 URST AWNING CO., INC.,
AND ROLLADEN, INC., UNDER MIAMI-DADS COUNTY CONTRACT NO.
5101-2/0200TR-CW-SW UNTIL DECEMBER 31, 2000, IN THE TOTAL
AMOUNT OF $361,333, FOR THE DEPARTMENTS OF FIRE -RESCUE,
POLICE, GENERAL SERVICES ADMINISTRATION AND CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM PROJECTS, AS
SPECIFIED HEREIN, CONSISTING OF PREVIOUSLY APPROPRIATED
FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT FUNDS.
(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.
39. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE PROCUREMENT OF ONE
1999 PIERCE SABER PUMPER TRUCK FROM PIERCE MANUFACTURING, INC., ($222,114),
INCLUDING A CONTINGENCY COST OF $13,910; ALLOCATE FUNDS FROM THE CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 313233, "FIRE -RESCUE NEW APPARATUS
ACQUISITION," ACCOUNT CODE NO.289401.6.840. (See labels 35 and 36).
Chairman Plummer: Ratifying the City Manager buying a fire truck. Moved by?
Commissioner Sanchez: Move.
Chairman Plummer: Sanchez. Seconded by?
93 April 27, 1999
e
Commissioner Regalado: Second.
Chairman Plummer: By Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?. Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-280
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A
FOUR/FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
PROCUREMENT OF ONE 1999 PIERCE SABER PUMPER TRUCK FROM
PIERCE MANUFACTURING, INC., IN AN AMOUNT NOT TO EXCEED
$222,114, INCLUDING A CONTINGENCY COST OF $13,901;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 313233, "FIRE -RESCUE NEW APPARATUS
ACQUISITION," ACCOUNT CODE NO. 289401.6.840; FURTHER,
RATIFYING, APPROVING AND CONFIRMING THE ISSUANCE OF A
PURCHASE ORDER FOR SAID VEHICLE. -
(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.
Chairman Plummer: City Manager ratifying the asbestos evaluation. Has been asked to be pulled by the
Manager.
94 April 27, 1999
40. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY: WAIVE THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE EMERGENCY
EXTENSION OF EXISTING CONTRACT WITH UNISYS CORPORATION, FOR THE
MAINTENANCE OF THE CITY'S COMMUNICATIONS NETWORK BACKBONE, FOR ONE
ADDITIONAL MONTH, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ($20,000):
ALLOCATED FUNDS FROM ACCOUNT CODE NO. 00 1000.460101.6.670.
Chairman Plummer: Item 31, a resolution taking four/fifths vote. Unisys Corporation, twenty thousand.
And the question from Commissioner Teele, how much is the total contract?
Mr. Aldo Stancato (Director, Information Technology): Total contract for a year was two hundred thousand
dollars ($200,000). Since then, some equipment has been dropped. So, Item 32 actually reflects a lower
amount. Thirty-one and 32 are related.
Chairman Plummer: Commissioner Teele.
Commissioner Teele: I don't have any objection. I just think, Mr. Manager, that your memorandum should
be a little bit more explicit in terms of the total amount of the contract and the extension. I mean, it's -- you
know, unless we have the original document — all we're given is your memorandum and it just seems to me
that, rather than just saying as an increase, it would just tell us it's an increase from what to what?
Mr. Donald Warshaw (City Manager): I'll ensure that happens in the future.
Commissioner Teele: The other issue, as it relates to 32, which is the same basic issue, is, I would hope that
we can get enough contract administration and support to the department. I mean, it's very clear that there's
some breakdowns going on. I mean, the contract expired. We thought the contract could be procured under
the State and maybe we just need to really get more assistance. I mean, I think they do a very good job of
what they do but sometimes maybe they need more support from the contract administrator. And this is -sort
of the carryover from last year, recognizing how we got here. I mean, the Unisys contract was a real
problem last year, in that it hadn't been pay for a year and then we got stuck with a...
Chairman Plummer: Wait until next year.
Commissioner Teele: Huh?
Chairman Plummer: Wait until next year, coming in big time.
Commissioner Teele: Why?
Chairman Plummer: Next year.
Commissioner Teele: Why next year?
Chairman Plummer: What are you going to be doing with Unisys next year?
Mr. Stancato: We have nothing really planned for next year.
Mr. Warshaw: Say we're going to go out for bid with the Police Department.
95 April 27, 1999
Mr. Stancato: The Police Department. But the clear path paid for maintenance and software for the next
five years, so everything is, with mainframe, is pre -paid for a full five years.
Mr. Warshaw: Only the Police Department still is not really become part of this whole network, but we've
got federal dollars for that, so we're going to be going out for that.
Chairman Plummer: You know, federal dollars are the same color as local dollars, Countv dollars. State
dollars, are all the same color. And they come out of mine and your pocket. Commissioner Teele, have you
solved your problem?
Commissioner Teele: I don't have a problem. I just wanted to clarify the amount of the contract.
Chairman Plummer: All right. Who moved it, Mr. Clerk?
Commissioner Teele: I moved 3 1 A -- I mean, 31 and 32.
Commissioner Teele: Moved by Teele. Seconded by?
Commissioner Sanchez: 'I moved it the first time. I'll second it.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show it unanimous.
The following resolution was introduced'by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-281
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A 4/5THS
AFFIRMATIVE VOTE, OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING. THE CITY MANAGER'S
FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE
EMERGENCY EXTENSION OF THE EXISTING CONTRACT WITH
UNISYS CORPORATION, FOR THE MAINTENANCE OF THE CITY'S
COMMUNICATIONS NETWORK BACKBONE, FOR ONE ADDITIONAL
MONTH, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, IN
AN AMOUNT NOT TO EXCEED $20,000; ALLOCATED FUNDS FROM
ACCOUNT CODE NO. 001000.460101.6.670. -
96 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.
41. WAIVE REQUIREMENT FOR COMPETITIVE SEALED BIDS - AUTHORIZE MANAGER TO
ENTER INTO AGREEMENT WITH UNISYS CORPORATION, AS THE MOST ADVANTAGEOUS
FIRM, FOR PROVISION OF MAINTENANCE SERVICES AND PARTS FOR THE CITY DATA
COMMUNICATIONS NETWORK FOR AN INTERIM PERIOD OF SIX MONTHS COMMENCING
MAY 1, 1999, WITH THE OPTION TO RENEW FOR THREE ONE -MONTH EXTENSIONS
($85,000); ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.460101.6.670.
Chairman Plummer: Item 32.
Commissioner Teele: So moved.
Chairman Plummer: It's moved by Teele. Seconded by Sanchez. This is also for Unisys. Another six
month extension for eighty-five thousand, not to exceed eighty-five thousand. 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. 99-282
A RESOLUTION BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOET OF
THE MIAMI CITY COMMISSION WAIVING THE REQUIREMENT FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH UNISYS
CORPORATION, AS THE MOST ADVANTAGEOUS FIRM, FOR THE
PROVISION OF MAINTENANCE SERVICES AND PARTS FOR THE CITY
DATA COMMUNICATIONS NETWORK FOR AN INTERIM PERIOD OF
SIX MONTHS COMMENCING MAY 1, 1999, WITH THE_ OPTION TO
RENEW FOR THREE ONE -MONTH EXTENSIONS, IN AN AMOUNT NOT
TO EXCEED $85,000; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.460101.6.670.
97 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 folloNving
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.
42. AUTHORIZE CONTINUING ENGAGEMENT OF LAW FIRM OF DAVIS WEBER &
EDWARDS, P.A., IN CONNECTION WITH LAWSUIT OF DECOMA MIAMI ASSOCIATES, LTD.
VS CITY OF MIAMI AND MIAMI SPORTS AND EXHIBITION AUTHORITY, THE ELEVENTH
JUDICIAL CIRCUIT COURT, CASE NO. 96-12055 CA 02; ALLOCATING ($50,000), FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.624401.6.661.
Chairman Plummer: Item 33 is a continuation of the lawsuit of DECOMA for the law firm of Davis, Weber
and Edwards. PA.
Commissioner Sanchez: So moved
Chairman Plummer: An additional amount of moneys not to exceed fifty thousand dollars ($50,000).
Moved by Sanchez. Seconded by...
Commissioner Regalado: I'll second for discussion.
Chairman Plummer: Seconded by Regalado.
Commissioner Teele: Who represents the City of Miami in this lawsuit?
Mr. Alejandro Vilarello (City Attorney): This law firm represents the City to Miami through my office.
Commissioner Teele: Who represents the Sport Exhibition Authority?
Mr. Vilarello: At this point — in fact, there was a meeting at the lunch break of MSEA (Miami Sports and
Exhibition Authority) Board, the law firm — Kendall Coffey's law firm and George Lopez law firm
represent MSEA in that litigation. Yes, there was an item that this City Commission considered a while
ago, agreeing to have this firm represent both. A conflict did arise and, therefore, Davis Weber and my
office have withdrawn from representation of MSEA in this case.
Chairman Plummer: Are the City being reimbursed by the Sports Authority?
98 April 27, 1999
Mr. Vilarello: The Sports Authority, independently, is paying for its representation.
Chairman Plummer: Its representation. What about the City's representation?
Mr. Vilarello: The City's representation is being paid by the City and, pursuant to an agreement with the
County, they're paying half of our fees associated with this litigation. This amount of money should take us
-- the City through the remainder of the litigation.
Chairman Plummer: And how much are we in debt right now?
Mr. Vilarello: I don't know the total number. It's approximately a hundred and fifty thousand dollars
($150,000) have been spent so far.
Chairman Plummer: So, in other words, this is going to be two hundred thousand? Now, you might go
back to the minutes and know why I fought so damn hard to make the County pick up a hundred percent if
we got sued. And here we are now, two hundred thousand dollars ($200,000) out, that we should never,
ever have been involved in from the very beginning. God bless us.
Commissioner Sanchez: Wait a minute, J.L. Wait a minute. If I may?
Chairman Plummer: Sure.
Commissioner Sanchez: You know the situation that we're in.
Chairman Plummer: Oh, I know the situation we're in.
Commissioner Sanchez: The City's in.
Chairman Plummer: And I know who got us in that situation.
Commissioner Sanchez: I'm not going to name any names. I know I wasn't here.
Chairman Plummer: I'm not naming any names either.
Commissioner Sanchez: But now I'm a part of it because I'm chair of that board. But let me explain
something to you. It went through this Commission and you voted for it. It went through the County and
they voted for it.
Commissioner Teele: What are we talking about?
Commissioner Sanchez: MSEA. The money that was taken out of MSEA to give to the City to build the
City out of the financial crisis it was in. So, now we're in a situation that, basically, we're forced to do it.
Chairman Plummer: Yep. OK. We all understand two hundred thousand dollars ($200,000). Moved by
who? Who moved. it? I'm sorry. Moved by Sanchez.
Commissioner Sanchez: I moved it.
Chairman Plummer: Seconded by Regalado.
99 April 27, 1999
Vice Chairman Gort: I have a question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding, this was brought up because of the Sports Authority gave the Cite
ten million dollars ($10,000,000) for the...
Commissioner Regalado: Twelve.
Mr. Vilarello: Oh, I'm sorry. Pardon me?
Commissioner Regalado: Twelve.
Chairman Plummer: Twelve.
Mr. Vilarello: 'What was the question? -
Vice Chairman Gort: My understanding is, the reason the — we're being sued is — Sports Authority is being
sued is because they gave twelve million dollars ($12,000,000) to the City's general funds.
Mr. Vilarello: This litigation has been ongoing for quite a bit of time. If I can crystallize the issue, as
against the City of Miami, the claim was that the City violated non -compete provision. So far, the orders we
received from the court are basically going to leave the City out of the litigation. With regard to the claim
against MSEA, the claim is that CDT funds, convention development tax funds...
Vice Chairman Gort: Right.
Mr. Vilarello: ...should have been only preserved for the benefit of the Arena and that is the outstanding
claim which is currently being litigated.
Vice Chairman Gort: OK. I just want to make sure that we got twelve million...
Chairman Plummer: All right.
Mr. Vilarello: The twelve million dollars ($12,000,000) — their claim is that twelve million dollars
($12,000,000) was CDT funds and should not have been transferred to the City.
Chairman Plummer: All right. Everybody understands Item 33. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
100 April 27, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-283
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CONTINUING ENGAGEMENT OF THE LAW FIRM OF DAVIS
WEBER & EDWARDS, P.A., IN CONNECTION WITH THE LAWSUIT OF
DECOMA MIAMI ASSOCIATES, LTD. VS. CITY OF MIAMI AND MIAMI
SPORTS AND EXHIBITION AUTHORITY, THE ELEVENTH JUDICIAL
CIRCUIT COURT, CASE NO. 96-12055 CA 02; ALLOCATING FUNDS
THEREFOR, IN ANA MOUNT NOT TO EXCEED $50,000, FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515001.624401.6.661.
(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.
43. DISCUSS PROPOSED SETTLEMENT WITH FUTURA CORAL WAY PROPERTIES I, LTD.
(BUILDING ACCIDENTALLY DEMOLISHED) — MOTION FAILED. (See label 94)
Chairman Plummer: Thirty-four. Futura Coral Way Properties, seventy-one thousand five hundred and
fifty dollars ($71,550). Mr. City Attorney, go ahead and give us your...
Mr. Alejandro Vilarello (City Attorney): This is a recommended settlement of a structure that was
demolished as an unsafe structure. The allegation is that the City failed to provide notice to the structure
that was ultimately demolished. It comes to you with my recommendation that this matter be settled for
seventy-one thousand five hundred and fifty dollars ($71,550).
Chairman Plummer: Let your Chairman really make a few comments. Absolutely, I wouldn't give 10 cents
($0.10) for this building. Prior to being accidentally torn down, it was nothing but four dilapidated walls. It
had been completely gutted by the homeless. Every piece of pipe had been taken out. Every electrical box
had been taken out. The walls were falling. The light fixtures were gone. And we're going to pay these,
people seventy-one thousand dollars ($71,000)? They might get it but it won't be with my vote. Folks, you
do what you want. The floor is open for a motion.
Vice Chairman Gort: I have a question.
101 April 27, 1999
Chairman Plummer: Yes, sir.
Vice Chairman Gort: My understanding, this has been in court already?
Mr. Vilarello: Pardon me?
Vice Chairman Gort: It's not been in court yet?
Mr. Vilarello: Yes, it is in court. They've sued us. We are in court.
Vice Chairman Gort: We are in court?
Mr. Vilarello: Yes.
Commissioner Sanchez: Mr. Attorney, is it your recommendation that we settle the case?
Mr. Vilarello:. Yes, sir, it is.
Commissioner Sanchez:- Then, I move.
Chairman Plummer: Moved by Sanchez. Seconded, by Teele. Are you up for a reason or you're going to
the men's room? Do you wish to speak; as usual?
Mr. Manual Gonzalez-Goenaga: I was going to give my input but...
Chairman Plummer: That scares me.
Mr. Gonzalez-Goenaga: But it's not necessary.
Chairman Plummer: Yes. Go ahead.
Mr. Gonzalez-Goenaga: Because I will be in the same boat...
Chairman Plummer: Just a minute. Commissioner Gort wishes to speak.
Mr. Gonzalez-Goenaga: OK.
Vice Chairman Gort: No. You owe it to him. Go ahead, Mr. Goenaga.
Chairman Plummer: Mr. Goenaga, Mr. Gort wishes you to speak first.
Mr. Gonzalez-Goenaga: I said that I got up. I was going to speak. But let me tell you, my feeling is that,
the way things are done in Miami or has been done for a long time, I understand they have changed. I
understand — this here is my understanding. That when you have a claim, you're supposed to go before the
Tort Committee and, then. the Tort Committee will give their own, individual suggestions about settlement.
On the other hand, we have 22 attorneys in the City Attorney's Office and always we go out for outside
help. So, we might as well, with all due respect to the City Attorney's Office, either go totally out and
maintain one City Attorney with one or two guys, or honorable attorneys, or disband this office and keep
two or three. But if we — we must do something. Change. We must do something to save money for the
102 April 27, 1999
citizens of Miami, who are the victims. 1 heard this morning on -- somebody from the Police Department
with Fuste, that the Police Department is the victim. I wish I could speak but Fuste won't allow me to speak.
Thank you.
Chairman Plummer: He's smarter than we are.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I have two questions. One, I didn't have any background on this. And was the
building in the condition that the Chairman stated before, when it was knocked down?
Mr. Vilarello: The building was in unsatisfactory condition. If I can explain to you the allegations of the
complaint — I'm sorry.
Vice Chairman Gort: The question is, was the building in the condition that J.L. stated?
Mr. Vilarello: At the time the litigation was commenced, the structure was demolished and we don't have a
lot of evidence of the condition of the building.
Vice Chairman Gort: OK. Was the building, by any chance, in court in violation or they had any violations
from the City of Miami recorded?
Mr. Vilarello: There were approximately thirteen thousand dollars ($13,000) of liens, which have been
deducted from the amount of the settlement.
Vice Chairman Gort: When did this take place?
Mr. Vilarello: Nineteen ninety-five (1995).
Vice Chairman Gort: Nineteen ninety-five (1995). What was the — were they paying taxes on the whole
building?
Mr. Vilarello: I believe -- yes, they were paying taxes. And the value of the building is based, in part, on
the County's assessment of the property.
Vice Chairman Gort: Right. So, in other words, they've been saving their taxes for four years because once
you knock the building down, they don't pay taxes for the building?
Mr. Vilarello: I don't.know whether they've been paying taxes for four years or not.
Vice Chairman Gort: The taxes have to be dropped quite a bit. Then, they have to pay for the cost of
demolishing, which they would have to demolish anyway. That's my understanding, from what I'm hearing.
Commissioner Teele: That's not a settlement.
Mr. Vilarello: That may very well be the case, Commissioner. I guess my level of concern is the
allegations and the complaint indicate that this was a building owned by an individual who was never placed
on notice that the building was going to be demolished and the building was demolished. Those are the
103 April 27, 1999
allegations of the complaint.
Chairman Plummer: There's another allegation also, that there were two buildings. not one. The homeless
and the crack heads had knocked -holes in between the two buildings: which would have been considered bv
the demolition people as one building. It was, in fact, two. They both were before the Unsafe Structures
Board. They tore down the one;and the people just thought that the other one was just as.bad or worse than
the first one. They tore them both down. But they were crack heads —the homeless and the. crack heads
were in there all the time. That's where I got involved because all my neighbors were calling me saving.
"what can you do about it?" And that's why the day I went over there and walked through the building.
Vice Chairman Gort: Do we have records to that?
Chairman Plummer: Obviously, he said he doesn't.
Vice Chairman Gort: We don't have records to that?
Chairman Plummer: I can't give you a copy out of my hard disk.
Mr. Vilarello: We do have the — Unsafe Structures Board did consider the adjacent property. The
Commissioner correctly indicates that we did put the adjacent property on notice and properly demolished
that property as -an unsafe structure.
Vice Chairman Gort: Question. Same ownership, both -properties?
Mr. Vilarello: Same ownership, different folio numbers.
Vice Chairman Gort: A white building. It was all together.
Mr. Vilarello: It wasn't all together. They're two separate pieces of property.
Vice Chairman Gort: It was separated by the...
Chairman Plummer: Single roof.
Mr. Vilarello: They were separated by a wall. Correct — the Commissioner correctly states that there was
the wall in between the two buildings was knocked down but it wasn't knocked down by the homeless. It
was knocked down by the ownership, as I understand it. But, ultimately, the issue that I -- that is asserted in
the complaint is, there was no notice to the property -- the second property that was ultimately demolished.
Chainnan Plummer: OK. So that there will be no misunderstanding, call the roll.
Commissioner Teele: Mr. Attorney?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Did you put on the record what the appraised —'I mean, what the assessed value of
the property was? _
Mr. Vilarello: The assessed value...
104
April 27, 1999
Commissioner Teele: That's in question.
Mr. Vilarello: Pardon me?
-. Commissioner Teele: The assessed value of the property in question.
Mr. Vilarello: The assessed value of the property in question, according to the County records, was in
excess of eighty-two thousand dollars ($82,000).
Chairman Plummer: OK. Call the roll, please.
Chairman Plummer: I'm sorry. This is the assessed value of the building, not of the entire property. We did
-- there's a difference between the value of the building and the land, of course.
Chairman Plummer: He still has the land.
Mr. Vilarello: I'm not including that in our evaluation.
Chairman Plummer: Call the roll on Item 34.
MOTION FAILED
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Vice Chairman Wifredo Gort -
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
ABSENT:- None.
14. AUTHORIZE CONTINUED SERVICES BY LAW ENFORCEMENT PSYCHOLOGICAL ANI
'OUNSELING ASSOCIATES, INC ($15,784); ALLOCATING FUNDS THEREFOR FROM THE F)
i8/99 POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.E 270
Chairman Plummer: All right. Item 35 and 36 have been withdrawn. We're -now on 37. Moved by?
Moved by?
Commissioner Regalado: I'll move it.
Chairman Plummer: Moved by Regalado. Seconded by?
Commissioner Sanchez: Second.
Chairman Plummer: Sanchez. Is this a public hearing?
Vice Chairman Gort: Pre -employment, psychological screening and psychological counseling services. Is
this to all the employees of the City of Miami before being hired? What does this entail?
105 . April 27, 1999
Mr. Raul Martinez (Assistant Cite Manager): Commissioner. I believe this is for Law Enforcement Police
Officers. This is the background that they conduct. the psychological part. This is part of the backgmunj
process that they do for new hires.
Chairman Plummer: It's related to 38. Willie, it also related to Item 38. All right. This is moved b\ who'.)
Is anyone willing to move Item 37?
Commissioner Sanchez: It was moved by me. Moved by me.
Chairman Plummer: Moved by Sanchez. Seconded by Regalado. I'm sorry. Is this a public hearing'
Hello?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Plummer: It is a public hearing?
Mr. Manuel Gonzalez-Goenaga: It's a resolution. I mean, if you read the first page. Mr. Plummer...
Chairman Plummer: I was scared of that.
Mr. Gonzalez-Goenaga: ...remember that you have been here 29 years now, if I am not mistaken. And.
then, if you read what is said on the first page, we are allowed to speak. Anyway, for the first time I'm going
to...
Chairman Plummer: But it says you have to speak sanely.
Mr. Gonzalez-Goenaga: For the first time I'm going to say something in favor of the police.
Chairman Plummer: Please make sure the recorder is on.
Mr. Gonzalez-Goenaga: We do not only need this type of psychological examinations for the inductees. If
we — this is a constant issue that has to be given to the Police Department. Because I know many policemen
who have, even in their own homes, domestic violence issues. Can you imagine how they play around with
the people when they have the power to shoot and the power to arrest?
Chairman Plummer: Is that a question?
Mr. Gonzalez-Goenaga: No. We need psychological counseling, a constant issue here. Not only for the
new group that is inducted, not indicted,.inducted into the Police Department.
Chairman Plummer: You have one minute left.
Mr. Gonzalez-Goenaga: Well, in one minute left, I defer for the — for some — but.I hope you got the picture.
In one minute, I said a lot of things here. And, then, the answer is, can I ask, during the last 10 years, how
much the City of Miami has paid on abuses by the Police?
Chairman Plummer: Make your request in writing.
Mr. Gonzalez-Goenaga: Oh, I constantly do that. They never answer. That's another criminal offense.
106 April 27, 1999
Chairman Plummer: We don't have enough paper for even- time you were arrested. Would \ou find out
how Gwen Margolis got him banned from going to the County?
Mr. Gonzalez-Goenaga: 1 tell you the answer.
Chairman Plummer: I don't want to hear it. That's all right.
Mr. Gonzalez-Goenaga: She always say that she loves me, that I'm very welcomed there.
Chairman Plummer: Item 37, all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-284
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CONTINUED PROVISION OF SERVICES BY LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., APPROVED
PURSUANT TO RESOLUTION NO. 99-193, ADOPTED MARCH 23, 1999,
FOR AN ADDITIONAL PERIOD OF ONE (1) MONTH, FROM APRIL 30,
1999 THROUGH MAY 31, 1999, IN AN AMOUNT NOT TO EXCEED
$15,784.00; PENDING THE AWARD AND EXECUTION OF A FINAL
CONTRACT FOR SAID PURPOSE; ALLOCATING FUNDS THEREFOR
FROM THE FY .`98/99 POLICE GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.270.
107 April 27, 1999
(Here follows body of resolution. omitted here and on file in the Office of the Cin Clerk.)
Upon being seconded by Commissioner Regalado, 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: None.
ABSENT: None.
45. ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF EVALUATION
COMMITTEE, PURSUANT. TO A REQUEST FOR PROPOSALS, THAT LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., IS THE MOST QUALIFIED FIRM TO
PROVIDE PRE -EMPLOYMENT PSYCHOLOGICAL SCREENING' AND PSYCHOLOGICAL
COUNSELING SERVICES TO THE -DEPARTMENT OF POLICE; ($217,000); ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.' 001000.290201.6.270.
Chairman Plummer:- Thirty-eight is a companion. Two hundred and seventeen thousand dollars
($217,000). is there a motion? is there a motion?
Commissioner Regalado: Moved.
Commissioner Teele: So moved.
Chainnan Plummer: Moved by Regalado. Seconded by Teele. Anyone wishing to discuss it?
Commissioner Sanchez: That's 38?
Chairman Plummer: He gets up and, raises hell about seventeen thousand and he shuts up on two seventy.
Commissioner Sanchez: Mr. Chairman, is that number — is that Item 38?
Chairman Plummer: Thirty-eight is correct, sir. Do you wish to say a comment?
Commissioner Sanchez: No, sir.
Chairman Plummer. Thank God. All in favor say "aye." _
Commissioner Regalado: Aye.
Chairman Plummer: There's only one person down there? Hello? All in favor say "aye." Show Mr. Gort
and Mr. Teele voting negatively?
108 April 27, 1999
Vice Chairman Gort: You haven't asked voted "nay" vet. so don't say anything.
Commissioner Teele: I voted "ave."
Chairman Plummer: Huh?
Vice Chairman Gort: You haven't asked voted "nay" vet.
Chairman Plummer: All right. All that wants to vote in the opposite? Mr. Clerk. you figure that one out.
I'm assuming it passed. Well, no. We'll make it easy. Mr. Clerk, call the roll. We're going to have to do it
on each and every one.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-285
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE
FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO A
REQUEST FOR PROPOSALS, THAT LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., IS THE MOST
QUALIFIED FIRM TO PROVIDE PRE -EMPLOYMENT PSYCHOLOGICAL
SCREENING AND -PSYCHOLOGICAL COUNSELING SERVICES TO THE
DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT, IN A - FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR AN INITIAL TERM OF
TWO YEARS, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL
ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $217,000,
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.290201.6.270
(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.
109 April 27, 1999
46. AUTHORIZE INCREASE IN. CONTRACT OF ALEXANDER BATTERY - COINIPANI'
SOUTHEAST. INC.. ($7.800): FROM $17.500 TO $25.000 FOR THE PROCUREMENT OF RADIO
BATTERIES. FOR THE DEPARTMENT OF POLICE: ALLOCATING FUNDS THEREFOR FRO%1
ACCOUNT CODE NO. 001000.290201.6.718.
Chairman Plummer: Item 39. Buying batteries for seventy-eight hundred dollars ($7800).
Commissioner Teele: So moved. .
Commissioner Sanchez: Second.
Chainman Plummer: Moved by Teele. Seconded by Sanchez. Anyone wishing to discuss Item 399 Call
the roll.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-286
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
INCREASE IN THE ANNUAL CONTRACT OF ALEXANDER BATTERY
COMPANY SOUTHEAST, INC., IN AN AMOUNT NOT TO EXCEED
$7,800; TO INCREAE THE TOTAL CONTRACT FROM $17,500 TO $25,000
FOR THE PROCUREMENT OF RADIO BATTERIES, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.290201.6.718, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(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.
110
April 27, 1999
47. BRIEF COMMENTS / DEFER CONSIDERATION OF PROFESSIONAL NIANAGEIMENT i
SERVICES -FOR THE CITY OWNED TOWER THEATER.
Chairman Plummer: Item 40 has been withdrawn. Item 41, the Tower Theater.
Commissioner Regalado: Forty-one. Mr. Chairman? .
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I move to defer this to the next meeting. I request that...
Chairman Plummer: Motion to defer? Is there a second?
Commissioner Regalado: ...information and...
Chairman Plummer: Is there a second?
Commissioner Teele: What's the item number?
Commissioner Regalado: Forty-one.
Chairman Plummer: Excuse me. There is a motion made. Is there a second?
Commissioner Sanchez: There's a second. But it's already been deferred.
Chairman Plummer: Motion to defer: Now under discussion is limited to the deferment.
Mr. Donald Warshaw (City Manager): It was pulled earlier.
Ms. Dena Bianchino (Assistant City Manager): It's already deferred.
Chairman Plummer: It's already been pulled.
Commissioner Sanchez: Yeah.
Commissioner Regalado: It's here.
Chairman Plummer: It was...
Ms. Bianchino: It was pulled...
Chairman Plummer. It's not on the board.
Ms. Bianchino: It was pulled by the Manager this morning, sir.
Chairman Plummer: OK. Item 40...
Commissioner Regalado: OK. I haven't received the information yet, so...
April 27, 1999
Chairman Plummer: OK.
48. AUTHORIZE REALLOCATION OF REMAINING $88.000 OF A $100.000 ALLOCATION FROM
COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT NOS. 799302.45242:-010 AND
799210.459018-010 FOR HIRING ADDITIONAL STAFF TO ASSIST IN IMPLEMENTING THE
EMPOWERMENT ZONE PROGRAM.
Chairman Plummer: Item 42. Reallocation of eighty-eight thousand dollars ($88.000).
Vice Chairman Gort: Move it.
Chairman Plummer: For additional staff to the Empowerment Zone. Moved by Gort. Seconded by"
Commissioner Regalado: I'll second it for discussion.
Chairman Plummer: For Regalado. Under discussion.
Commissioner Regalado: Where is — what happened to the twelve thousand dollars ($12.000.00) dollars?
This was used in trips to Washington?
Ms. Dena Bianchino (Assistant City Manager):. No, sir.
Commissioner Regalado: No?
Ms. Bianchino: Wait. I'm going to ask Gwendolyn Warren to answer that question.
Ms. Gwendolyn Warren: Gwendolyn Warren, Department of Community Development. The balance of
the hundred thousand dollars ($100.000) was used for two staff persons who attended a HUD (Department
of Housing and Urban Development) sponsor training program in Washington, during the application
process. The payment of a driver or a temporary person to map the City's vacant lots for the application
itself so it's, basically, payment of wages and training for staff.
Commissioner Regalado: Twelve thousand dollars ($12,000.00) dollars. OK.
Chairman Plummer: All right. You're satisfied with the answer?
Commissioner Regalado: Yeah.
Chairman Plummer: Mr. Cruz —
Mr.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. Seeing all these Empowerment Zones,
Community Development Grant, all the money that's going there to the empowerment zone, where I happen
to live right in the empowerment zone, because I haven't moved from Allapattah in 35 years. But one of the
things. How much of this money going to be used for salaries and administration? That's my question.
Because I think the HUD say...
Chairman Plummer: All.right, all right. All right, all right. You've had
112
April 27, 1999
Mr. Cruz: ...up to twenty percent. not the whole twenty percent.
Chairman Plummer: Mr. Cruz, vou've asked your question.
Mr. Cruz: Right. How much is...
Chairman Plummer: 'Do we know the answer?
Ms. Bianchino: Yes, sir.
Chairman Plummer: How much — what's the answer?
Mr. Cruz: Hiring a lot of people.
Chairman Plummer: Please! What is the answer?
Ms. Bianchino: The purpose of this money is going to be to hire staff to protect the City's interest in
development.
Chairman Plummer: Answer his question. His question was simple. How much of the money is going for
people?
Ms. Bianchino: All of it.
Chairman Plummer: All of it. OK? Hundred percent. Thank you. Anybody else wish to discuss this item?
Item 42, call the roll.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-287
A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE
REALLOCATION OF THE REMAINING $88,000 OF A $100,000
ALLOCATION FROM COMMUNITY DEVELOPMENT BLOCK GRANT
ACCOUNT NOS. 799302.452423-010 AND 799210.459018-010 FOR THE
PURPOSE OF HIRING ADDITIONAL STAFF TO ASSIST IN
IMPLEMENTING THE EMPOWERMENT ZONE PROGRAM.
113 April 27, 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 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: None.
ABSENT: None.
49. ACCEPT BID OF D. E. GIDI & ASSOCIATES CORP., FOR "KINLOCH PARK ADULT
DEVELOPMENTAL CENTER, B-6270"; ($575.000); ALLOCATE FUNDS FROM PROJECT NO.
332174 AS APPROPRIATED BY FISCAL YEAR 1998-1999 APPROPRIATION ORDINANCE
11705.
Chairman Plummer: Item 43. Kenloch Park Development. Mr. Regalado, this is your district.
Commissioner Regalado: Yes, sir. I move it.
Chairman Plummer: You move it. And seconded by?
Vice Chairman Gort: Gort.
Chairman Plummer: Gort. Any discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it done.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-288
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF D. E. GIDI & ASSOCIATES CORP., FOR THE PROJECT ENTITLED
"KINLOCH PARK ADULT DEVELOPMENTAL CENTER, B-6270'; IN THE
AMOUNT OF $575,000; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 332174 AS APPROPRIATED BY FISCAL YEAR 1998-1999
APPROPRIATION ORDINANCE 11705, AS AMENDED, IN THE AMOUNT
OF $575,000 THE CONTRACT COST, $60,000 ESTIMATED EXPENSES,
TOTAL ESTIMATED PROJECT COST OF $635,000; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
114
April 27, 1999
(Here follows bodv of resolution, omitted here and on file in the Office of the Cite Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted b\ the follcm in_
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.
50. ACCEPT BID OF D. E. GIDI & ASSOCIATES CORP., FOR "CURTIS PARK SHORELINE
IMPROVEMENTS, B-6287; ($182,360), ALLOCATE FUNDS FROM CONTRIBUTIONS FROM
THE FLORIDA STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, CDBG: AND THE
JAMES L. KNIGHT FOUNDATION, AS APPROPRIATED BY FISCAL YEAR 1998-1999
APPROPRIATIONS ORDINANCE NO. 11705 — REQUIRE PERFORMANCE BOND OF 1 %.
Chairman Plummer: D.E Gidi and Associates. Curtis Park Shoreline Improvements for a hundred and
ninety-three thousand dollars ($193,000). This is Curtis Park. Would be you, Mr. Gort?
Vice Chairman Gort: Yes. Once again, I want to go back to — as we go into the Charter Review, and one of
the things we're looking is the way the City of Miami does its purchasing and I'm glad that we'll be able to
make some changes. In particular. I'll give you an example. In my office, I wanted to buy a fax and a
vendor that we had a contract with, that was three hundred and something, and I could have bought it off the
street, at Office Depot, for a hundred sixty, a hundred and seventy. My understanding is, the reason we
could not do that is because of the regulations that we have. So, this is some of the things that 1 would like
to -change and take it to the public so we can really take advantage of our buying powers and we can get
even better prices than we're getting right now. At the same time, I would like to see in these contracts,
especially these major contracts, the construction contracts, I want some penalty if they don't meet the
deadline. I want to make sure there's a bond placed on those contracts that, if those people do not perform,
we can collect.
Mr. Raul Martinez (Assistant City Manager): And, Commissioner, let me say, we met with this contractor
last week because he's getting three projects on this agenda and there was a problem with the previous
project. We went through very specific dates that he had to perform. He has agreed to do that. In fact, the
gentleman is here, if you need to ask him any questions. He knows of the annulment of the contract and of
the penalty.
Vice Chairman Gort: I don't need to ask him. I want to make sure that staff Out all those safeguarding
regulations into — because my understanding is, we're voting on three different projects today, that -these
companies are going to be doing, and I want to make sure that they can do it.
Mr. Jim Kay (Director, Public Works: There's a performance bond on each project.
115 April 27, 1999
Chairman Plummer: Well. excuse me. Don_'t we have a built-in police on penalt-,' Isn't it onelenth of ot%
percent'
Mr. Kay: We do have a built-in policy but sometimes we do have circumstances that are beyond the
contractors' control, such as the (inaudible).
Chairman Plummer: Well, we retain the 10 percent and they don't get it if they don't perform.
Mr. Kay: Yes, we have a (inaudible) on it.
Chairman Plummer: What is the percentage of not meeting deadline?
Mr. Kay: Hold on. Just a minute.
Chairman Plummer: There is a built-in number right now.
Mr. Kay:: For this particular project, Curtis Park Shoreline, is two hundred dollars ($200) per day.
Chairman Plummer:. And how much is the project?
Mr. Kay: One hundred eighty-two thousand three sixty.
Chairman Plummer: And what is that? That's — two hundred dollars ($200) a day is nothing.
Mr. Kay: That's one/tenth of one percent. One/tenth of one percent.
Chairman Plummer, Well, I think it ought to go to one percent. I think we ought to consider going to one
percent.
Mr. Alejandro Vilarello (City Attorney): The liquidated damages amount in each contract that is let can be
different. However, once you've let the contract, that is the amount that...
Chairman Plummer: No, no, no, we can't do it in this one.
Vice Chairman Gort: I'm talking about for the future, yes.
Chairman Plummer: But I would like to see a change in the future to one percent. I don't think that's out of
line. And where — is Captain Longueira here?
Mr. Warshaw: Major.
Chairman Plummer: Oh, is he a Major? Well, 1 demoted him. I'd like you to tell him about the state
contracts of buying a fax.machine. He keeps reminding me about state contracts. OK. Mr... -
Vice Chairman Gort: I move it.
Chairman Plummer: Item 44 is moved by Commissioner Gort. Is there a second?
Commissioner Regalado: Second.
116
April 27, 1999
Chairman Plummer: Seconded by Regalado. Let me ask this question. How serious was the problem: thi<
company had previously with the Cite contract?
Mr. Martinez: I'm sorry. I didn't hear the last question.
Chairman Plummer: You indicated or somebody indicated that this company had a problem previously xvith
the City. What was the severity of that problem?
Mr. Kay: The problem was that the project was not completed on -- within the time frame. That was a
small project. It was -- I believe it was mini park bathroom facility.
Chairman Plummer: OK. And you feel that you've put the fear of the Lord into him this time?
Mr. Kay: We feel that we have, yes, sir.
Chairman Plummer: We'll find out, won't we. All in favor of Item 44, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-289
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF D. E. GIDI & ASSOCIATES CORP., FOR THE PROJECT ENTITLED
"CURTIS PARK SHORELINE IMPROVEMENTS, B-6287"; IN THE
AMOUNT OF $182,360, ALLOCATING FUNDS THEREFOR FROM
CONTRIBUTIONS FROM THE FLORIDA STATE DEPARTMENT OF
ENVIRONMENTAL PROTECTION; CDBG; AND THE JAMES L. KNIGHT
FOUNDATION, AS APPROPRIATED BY FISCAL YEAR 1998-1999
APPROPRIATIONS ORDINANCE NO. 11705, AS AMENDED, UNDER
PROJECT NO. 331362, IN THE AMOUNT OF $182,360.00 THE CONTRACT
COST, $11,000 ESTIMATED EXPENSES, TOTAL ESTIMATED PROJECT
COST OF $193,360; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A -CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
117 April 27, 1999
(Here follo%vs bode of resolution. omitted here and on file in the Office of the Cite Clerk.)
Upon being seconded by Commissioner Regalado, the resolution xvas 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: None.
ABSENT: None.
51. ACCEPT BID OF AUGUST CONSTRUCTION CO., INC., FOR "KIRK MUNROE TENNIS
CENTER PROJECT, B-6302," ($306,115); ;ALLOCATE FUNDS FROM PROJECT NO. 331343 AS
APPROPRIATED BY FISCAL YEAR 1998-1999 APPROPRIATIONS ORDINANCE 11705.
Chairman Plummer: Forty-five. Kirk Monroe Tennis Center, three hundred and six thousand — what are
we doing over there?
Vice Chairman Gort: I have two hundred and sixty-three.
Mr. Jim Kay (Director, Public Works): We have a new building going in.
Chairman Plummer: Excuse me. I've got three hundred six thousand one hundred and fifteen dollars
($306,115).
Vice Chairman Gort: One forty-five?
Mr. Donald Warshaw (City Manager): Yes, sir, right. Two sixty-three...
Mr. Kay: Two hundred sixty-three thousand.
Mr. Warshaw: Plus forty-two six for expenses.
Mr. Kay: Right.
Chairman Plummer: I've got three hundred and six thousand one hundred and fifteen.
Mr. Kay: Right. That's the total.
Mr. Warshaw: We just broke out the two numbers. Its three zero six.
Chairman Plummer: All right. What are you doing for that amount of money?
Mr. Kay: Have a new building going in over there.
118 April 27, 1999
Chairman Plummer: A structure?
Mr. Kay: Yes.
Chairman Plummer: Has this Commission approved that structure?
Mr. Albert Ruder (Director, Parks and Recreation): I believe that you saw it at one time and so did the
community. If we didn't, we'll send you -- you know, we'll show it to you again. I kno%% the communit\ is
very much behind there. I think about a year ago. I would have to check and see...
Chairman Plummer: I'd like to know whether or not this Commission approved that structure or not because
I don't recall doing it.
Mr. Ruder: OK.
Chairman Plummer: OK. Moved — Item 45, moved by?
Vice Chairman Gort: Move it.
Chairman Plummer: Gort. Seconded by?
Commissioner Regalado: Second.
Chairman Plummer: Regalado. Any further discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-290
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF AUGUST CONSTRUCTION CO., INC., FOR THE PROJECT
ENTITLED "KIRK MUNROE TENNIS CENTER PROJECT, B-6302", IN THE
AMOUNT OF $306,115: ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 331343 AS APPROPRIATED BY FISCAL YEAR 1998-1999
APPROPRIATIONS ORDINANCE 11705, AS AMENDED, IN THE AMOUNT
OF $263,515, THE CONTRACT COST AND $42,600 ESTIMATED
EXPENSES, TOTAL ESTIMATED PROJECT COST . OF $306,115; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A--.-.
FORM ACCEPTABLE TO THE CITY ATTORNEY.
119 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 Regalado, the resolution was passed and 'adopted h- the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Resalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr.
Chairman J.L. Plummer. Jr.
NAYS: None.
ABSENT: None.
52. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH STATE OF FLORIDA.
DEPARTMENT ` OF MANAGEMENT SERVICES BUILDING CONSTRUCTION, FOR
CONSTRUCTION MANAGEMENT SERVICES FOR DESIGN AND CONSTRUCTION OF THE
SAFE NEIGHBORHOOD PARKS BOND PROJECT ENTITLED "HADLEY PARK COMMUNITY
CENTER," ($57,636); ALLOCATING FUNDS THEREFOR AS APPROPRIATED BY FISCAL YEAR
1998-1999 APPROPRIATION ORDINANCE NO. 11705, AS AMENDED FROM CAPITAL
IMPROVEMENT PROJECT NO. 331391 ENTITLED "HADLEY PARK COMMUNITY CENTER".
Chairman Plummer: An agreement with the State of Florida for Hadley Park to put big boulders in the
middle of the street. Fifty-seven thousand six hundred and thirty-six dollars ($57,630) at Hadley Park. I
assume this is to block vehicular traffic?
Mr. Jim Kay (Director, Public Works): No, sir. This is a construction management agreement for Hadley
Park Community Center.
Chairman Plummer: Oh, this is -- I'm sorry. I stand corrected. OK. All right.
Vice Chairman Gort: Mr. Teele.
Chairman Plummer: Mr. Teele?
Commissioner Teele: Yes, sir.
Chairman Plummer: You wish to make the motion on 46?
Commissioner Teele: So moved.
Chairman Plummer. So moved. Second by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
120
April 27, 1999
The following resolution was introduced by Commissioner Teele. who moved its adoption:
RESOLUTION NO. 99-291
A RESOLUTION OF THE MIAMI CITY COMMISSION. WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
WITH THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT
SERVICES BUILDING CONSTRUCTION, FOR THE PROVISION OF
CONSTRUCTION MANAGEMENT SERVICES FOR THE DESIGN AND
CONSTRUCTION OF THE SAFE NEIGHBORHOOD PARKS BOND
PROJECT ENTITLED "HADLEY PARK COMMUNITY CENTER". 1N AN
AMOUNT OF $57,636; ALLOCATING FUNDS THEREFOR AS
APPROPRIATED BY FISCAL YEAR 1998-1999 APPROPRIATION
ORDINANCE NO. 11705, AS AMENDED FROM CAPITAL IMPROVEMENT
PROJECT NO. 331391 ENTITLED "HADLEY PARK COMMUNITY
CENTER"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(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.
53. ACCEPT BIDS OF BELL & SON FENCE COMPANY, C & F DECORATING SERVICES, AND
PROFESSIONAL WELDING, INC., FOR PROVISION AND INSTALLATION OF STEEL PICKET
FENCING AT VARIOUS CITY PARKS, IN AN AMOUNT NOT TO EXCEED $302,072, FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NOS. 331391, 331346, 331357, 331309, 331342, 331386. AND
331365.
Chairman Plummer. I have a problem with 47.
Mr. Mariano Cruz: Forty-seven here.
Chairman Plummer: Yes. Captain Longueira, Mr. Gort will tell you about state contracts. Why are we
doing business with companies outside of the City of Miami?
Mr. Albert Ruder (Director, Parks and Recreation): This went through a normal biding process and...
121 April 27, 1999
Chairman Plummer: Are you telling me that Fence Masiers. a local Coconut Grove compan-. did not hid or
thev didn't get an invitation to bid?
Mr. Ruder: Well. let me see. There's — Fence Masters did but their prices were a lot higher. One of these
firms is in the City of Miami. I'm trying to...
Chairman Plummer: Professional Welding is.
Mr. Ruder: Professional Welding is.
Chairman Plummer: Right.
Mr. Donald Warshaw (City Manager): C & F Decorating Services, 554 Northwest 12th Court.
Mr. Ruder: C & F Decorating, yeah. Two of them are. Two out of the three.
Chairman Plummer: OK. But Fence Masters and others had the local — had the right to bid?
Mr. Ruder: Yes. You could see...
Chairman Plummer: Tell me for my edification, how much was Fence Masters?
Mr. Ruder For which project? Because there's about six or seven different projects. I mean, you want to
pick just one? Dorsey Park. Fence Master was forty-five thousand six sixty.
Chairman Plummer: And the awardee?
Mr. Ruder: The awardee. Let me see. For Dorsey Park. Let me just see.
Chairman Plummer: I'll get it from you later.
Vice Chairman Gort: Let me ask a question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Are these the decorative type of fences that we've been using? Is this the decorative
type...
Mr. Ruder: Excuse me? These are steel picket fences, not the chain link that's vandalized all the time.
Vice Chairman Gort: Right.
Mr. Ruder: These are steel picket fences.
Vice Chairman Gort: My question is, how come we have one individual within the City of Miami and, then,
we have five different — are there different bids for each one or can we just put them all together and...
Mr. Ruder: They were all bid separate...
122
April 27, 1999
Vice Chairman Gort: Or thev bid for the whole thing or they bid separate"
Ms. Judy Carter (Director. Purchasing): They bid by site.
Vice Chairman Gort: By site.
Ms. Carter: There was a steel picket fencing and there were certain requirements of that steel picket fencing
as it relates to, for example, the City cemetery. There was a different requirement as it relates to the height
or the type of gate. So, yes, it was appropriate to bid it by site because the needs were different by site...
Vice Chairman Gort: So, it was a different type of...
Ms. Carter: And we award it to the lowest, responsive bidder by site.
Vice Chairman Gort: On each site. OK.
Ms. Carter: And we, then, applied, appropriately, the 10 percent...
Vice Chairman Gort: Right.
Ms. Carter: ...local preference when it was available.
Vice Chairman Gort: So, if the local individual complies with the 10 percent, he can get the contract?
Ms. Carter: Absolutely. And I do that consistently.
Vice Chairman Gort: Thank you, ma'am.
Chairman Plummer: God bless you.
Vice Chairman Gort: By the way, let me tell you. Your outreach program for local vendors has been great.
I see your people on the street...
Chairman Plummer: "A" plus.
Vice Chairman Gort: ...going up and down and talking to the different vendors. and you're doing a great job
on that and I appreciate it.
Ms. Carter: Thank you very much.
Chairman Plummer: But keep trying to do harder and better.
Mr. Ruder: Commissioner, I have the answer on Dorsey Park.
Belle and Son was thirty-five six forty for Dorsey Park, and Fence Master was forty-five six six.
Chairman Plummer: Ten thousand difference?
Mr. Ruder: Yes.
Chairman Plummer: OK. It's there. Mr. Cruz and crony, Mr. Goenaga. What a quiniela.
123 April 27, 1999
Mr. Mariano Cruz: Concerned citizens. rip -lit.
Chairman Plummer: Yes, ves
Mr. Cruz: Your worse nightmare.
Chairman Plummer: Proceed, Mr. Cruz.
Mr. Cruz: Mariano Cruz. 1227 Northwest 26th Street. I have to ask a question to the Department of Parks
because I see here only for certain parks. Like to know if there's any fence there for Juan Pablo Duarte Park
in Allapattah? There's a fence there, how much it's going to cost? Where the moneys are coming from"
And what is the timetable for making the fence -- building the fence there?
Chairman Plummer: -Mr...
Vice Chairman Gort: Twelve thousand dollars ($12,000.00) ?
Mr. Cruz: OK. Is anything going to Juan Pablo Duarte for the fencing?
Chairman Plummer: Excuse me. You can answer the question...
Mr. Ruder: Yes. That's one of the:..
Chairman Plummer: ... after we take the vote. Mr. Goenaga.
Mr. Manuel Gonzalez-Goenaga: I only have one question and I want one specific answer. I take it...
Chairman Plummer: Your question.
Mr. Gonzalez-Goenaga: I take it for granted that the way these things are done is the way they are done in
the usual course of business?
Chairman Plummer: You have a question?
Mr. Gonzalez-Goenaga: OK. But do we always get performance in payment bonds?
Chairman Plummer: Is that your question?
Mr. Gonzalez-Goenaga: That's one of the questions.
Chairman Plummer. If you'll have a seat, we'll get you an answer. -
Mr. Gonzalez-Goenaga: Because let me tell you. I did not — now I realize why somebody — even the City
Manager has to go to Harvard University to get expertise. We had Suarez here and that wasn't too expertise.
Chairman Plummer: Now, you're...
Mr. Gonzalez-Goenaga: I am graduating from Kakatua University and let me tell you, I have more common
sense than many people here.
124
April 27, 1999
Chairman Plummer: Were you an undergraduate?
Mr. Gonzalez-Goenaga: From Kakatua Universitv.
Chairman Plummer: Yes, that's true. Boy, I'll tell you. Whoever issued him a passport — all right. Item 47.
Vice Chairman Gort: Excuse me.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Answer Cruz' question about the Allapattah and...
Mr. Ruder: Juan Pablo — Allapattah Comstock, which is now Juan Pablo Duarte, is one of the parks that's
in this bid:
Chairman Plummer: How much and when will it be done?
Vice Chairman Gort: Would you tell him the figure and the reason why it's that figure, please? Because my
understanding is, there were already existing fences and all we're doing is additional fence to complete the
park.
Mr. Ruder: Well, there is a chain link fence around the whole park, which is all old and beat up. This is
going to replace that. And it's a much more. expensive fence but it's a lot more permanent, and it's sturdy,
and it will last a long time.
Vice Chairman Gort: Thank you.
Chairman Plummer: All right. All in favor of Item 47 say "aye." No? I'm sorry?
Mr. Walter Foeman (City Clerk): Mr. Chairman, I need a movant and a seconder.
Chairman Plummer: I'm sorry?
Mr. Foeman: I need a movant and a seconder.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer. Opposed? Show it unanimous.-
125 April27, 1999 .
The following resolution was introduced by Vice Chairman Gort. who moved its adoption:
RESOLUTION NO. 99-292
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS OF BELL & SON FENCE COMPANY, C & F DECORATING
SERVICES, AND PROFESSIONAL WELDING, INC.. FOR THE PROVISION
AND INSTALLATION OF STEEL PICKET FENCING AT VARIOUS CITY
PARKS, IN AN AMOUNT NOT TO EXCEED $302.072. FOR THE
DEPARTMENT OF PARKS. AND RECREATION; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NOS. 331391.
331346, 331357, 331309, 331342, 331386, AND 331365.
(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.
54. AUTHORIZE MANAGER TO SUBMIT APPLICATION, TO THE FLORIDA INLAND
NAVIGATION DISTRICT ("FIND") PURSUANT TO ITS WATERWAYS ASSISTANCE PROGRAM
FOR GRANT FUNDING IN THE ESTIMATED AMOUNT OF $180,000. FOR THE KENNETH
MYERS PARK "SEMINOLE" PUBLIC BOAT RAMP AND LAUNCHING FACILITY.
Chairman Plummer: Item 48, Inland Navigation District. A grant to the City for a hundred and eighty
thousand on Seminole Public Boat Ramp. I'd love to move that one but I'm forbidden from doing it.
Mr. Donald Warshaw (City Manager): The reason this is on the agenda is because it's a grant application
and there, is a match and the match is going to come from Safe Neighborhood Parks bonds monies.
Chairman Plummer: OK.
Vice Chairman Gort: How much is the match?
Mr. Ruder: The match is a hundred and eighty...
Mr. Warshaw: A hundred and eighty thousand.
Commissioner Sanchez: So moved.
126 April 27, 1999
Chairman Plummer: Moved by Sanchez.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Gort. All in favor say "aye.".
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-293
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO SUBMIT AN APPLICATION, TO THE FLORIDA
INLAND NAVIGATION DISTRICT ("FIND") PURSUANT TO ITS
WATERWAYS ASSISTANCE PROGRAM FOR GRANT FUNDING IN THE
ESTIMATED AMOUNT OF $180,000, FOR THE KENNETH MYERS PARK
"SEMINOLE" PUBLIC BOAT RAMP AND LAUNCHING FACILITY,
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(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.
55. AUTHORIZE MANAGER TO SUBMIT APPLICATION, TO THE FLORIDA INLAND
NAVIGATION DISTRICT ("FIND") UNDER SAID AGENCY'S WATERWAYS ASSISTANCE
PROGRAM FOR GRANT FUNDING IN THE ESTIMATED AMOUNT OF $300.000 FOR THE
MARGARET PACE PARK PUBLIC WATERFRONT ENHANCEMENT PROJECT.
Chairman Plummer: Item 49. The same company, the same grant, but this one for three hundred thousand.
This is a matching grant.
Mr. Albert Ruder (Director, Parks and Recreation): The same match, Safe Neighborhood.
127 April27, 1999
Chairman Plummer: All risiht. Item 49. moved b\
Commissioner Teele: Teele.
Chairman Plummer: Teele of the CRA (community redevelopment agency) and seconded b\ N1r. Regalado.
All in favor, say "aye." I didn't hear you. Mr. Joseph. What did you say? Aye? Thank you. sir.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-294
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FLORIDA
INLAND NAVIGATION DISTRICT ("FIND") UNDER SAID AGENCY'S
WATERWAYS ASSISTANCE PROGRAM FOR GRANT FUNDING IN THE
ESTIMATED AMOUNT OF $300,000 FOR THE MARGARET PACE PARK
PUBLIC WATERFRONT ENHANCEMENT PROJECT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(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.
128 April 27, 1999
56. RATIFY, APPROVE. CONFIRM MANAGER'S FINDING OF EMERGENCY. WAIVE
REQUIREMENTS FOR COMPETITIVE BIDS, AND APPROVE ACQUISITION' OF in
l
ENGINEERING SERVICES FROM DAVID PLUMMER AND ASSOCIATES. AND (2) LIGHTING
AND ELECTRICAL WIRING IMPROVEMENTS, (3) CONCRETE SURFACING OF A PARKING
LOT. AND (4) IMPROVEMENTS FOR THE BAYWALK AND FLAGLER PROMENADE
INFRASTRUCTURE FROM HI TECH CONSTRUCTION, INC.. RICHARD'S ELECTRIC AND TLM.
INC., ($100.000). REQUIRED FOR SUPER BOWL XXXM ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO.331232.
Chairman Plummer: Item 50 has been withdrawn. Item 51. Moved by Sanchez. Seconded by Gort. All in
favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-295
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 EXISTED, WAIVING THE
REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND
APPROVING THE ACQUISITION OF (1) ENGINEERING SERVICES FROM
DAVID PLUMMER AND ASSOCIATES, AND (2) LIGHTING AND
ELECTRICAL WIRING , IMPROVEMENTS, (3) CONCRETE
IMPROVEMENTS FOR THE BAYWALK AND FLAGLER PROMENADE
INFRASTRUCTURE FROM HI TECH CONSTRUCTION, INC., RICHARD'S
ELECTRIC AND TLM, INC., FOR A TOTAL AMOUNT NOT TO EXCEED
$100,000. SAID ACQUISITION REQUIRED PRIOR TO BAYFRONT PARK
MANAGEMENT TRUST- ("BPMT") HOSTING MORE THAN 6,000
INDIVIDUALS VISITING THE MIAMI AREA TO PROVIDE WORLD-WIDE
MEDIA COVERAGE OF SUPER BOWL XXXIII AND ITS NUMEROUS
RELATED ACTIVITIES. ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 331232 TO REIMBURSE THE
TRUST FOR SAID ACQUISITION, AND CONDITIONED UPON PAYMENT
TO THE CITY OF FUNDS FROM THE BPMT'S "SAFE NEIGHBORHOOD
PARKS BOND PROJECT" FUNDS WHEN SUCH FUNDS BECOME
AVAILABLE IN JULY 1999.
129 April 27, 1999
(Here follows bode of resolution. omitted here and on Me in the Office of the Cite Clerk.)
Upon being seconded by Vice Chairman Gort. the resolution was passed and adopted b\ the follow in,_
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
57. DISCUSSION CONCERNING THE MONTHLY FINANCIAL REPORT INCLUDING THE
BUDGET OUTLOOK AND A FINANCIAL UPDATE.
Chairman Plummer: Item 52, Monthly Financial Report, including the budget outlook and a financial
update. Mr. Manager?
Mr. Luie Brennan: I'm Luie Bretman, Interim Director, Management and Budget. The outlook right now,
when you compare and report in — when you compare the year-to-date expenditure with the budget. we are
in compliance with the anti -deficiency ordinance. Nevertheless, when you look into the future projections,
few departments, because of unexpected needs, will exceed their budget. That's the reason why we're
coming before you with a budget amendment.
Chairman Plummer: OK. Finance Director?
Ms. Julie Weatherholtz: Julie Weatherholtz, Finance Director. We continue to enhance the monthly
financial report by going through and reconciling the remaining funds. The funds that we're working on to
reconcile now are all the special revenue funds. Once we finish those, they'll be incorporated in your
booklet and, then, after that, we'll follow with the capital project funds. We're also continuing to clean up
the accounting system by reconciling accounts, grouping accounts in accordance with the state Charter of
Accounts and eliminating any accounts or account groups that are not necessary. As we close fiscal year
`98, the audit is in its very last week. The '98 financials are being reviewed at the partner level of KPMG.
That financial statement will go to print and be distributed during the month of May. KPMG will be here in
the first meeting in June to do their presentation to you for the fiscal year '98 financial statements. Other
areas that we continue to look at, in addition to reconciling the special revenue funds in the capital project
are, we're reviewing all of our reserves that are associated with Risk Management.
Chairman Plummer. The question I always ask and rll ask again. Are there any red flags of danger flying?
Ms. Weatherholtz: The ones that I had mentioned was the risk management reserve, the reconciliation of
the special revenue funds, and the capital project funds are the areas of our'prime concern right now.
Chairman Plummer: What can we do to increase the ability of getting last year's close-out sooner?
130 April 27, 1999
Ms. Weatherholtz: We have a plan for this year to be able to close and have to you a fiscal year annual
report by the month of January. That is our goal. We think that's very easily to be able to attain that. One
of the things we did this year was. we actually prepared our financial statements in-house. For the past mo
,years, you've paid KPMG to do that for you. We now have capable staff on board. so we can produce it
ourselves, thereby streamlining and, also, expediting it.
Commissioner Regalado: Question.
Chairman Plummer: Question. Mr. Regalado.
Commissioner Regalado: Are there any employees of the City working outside their department, beingpaid
by any other department? My question refers, specifically, of what we discussed in my office. Mr.
Brennan?
Chairman Plummer: Mr. Manager?
Mr. Donald Warshaw (City Manager): Let me just...
Mr. Luie Brennan (Interim Director, Management and Budget): Yes, we discussed...
Chairman Plummer: Excuse me?
Mr. Brennan: ...and I refer that to the Manager.
Chairman Plummer: The Manager will speak first.
Mr. Brennan: Yes.
Mr. Donald Warshaw (City Manager): Commissioner, there are probably several employees who, working
on projects, who are on loan for various periods of time. As I stated this morning — and I agreed with
Commissioner Teele — there needs to be a time certain when an employee is moved to another department,
that that person's cost center, then, basically be transferred. But I'm sure there are many employees who are
crossed over, either on committees, loans, temporary assignments, what have you, whose budgetary cost
center is still in the department that they are officially assigned to.
Commissioner_ Regalado:. OK. Let me rephrase the question. Is there any City employee working in the
Mayor's Office that is not being paid with the Mayor's budget?
Mr. Brennan: The answer to that is, yes. We have two employees that are in loan right now to the Mayor's
office.
_ Commissioner Regalado: OK. How long does those employees have been in loan to the Mayor's office?
Mr. Brennan: Not very long. Since the past director left, a couple days before that, they were in loan to the
Mayor's office. And I spoke to the individuals, for them to make a decision...
Commissioner Teele:_ Excuse me. Excuse me. What director are you talking about?
Mr. Brennan: Pardon me?
131 April 27, 1999
Commissioner Teele: What director are you talking about"
Mr. Brennan: Oh. the past budget director.
Commissioner Teele: What do they have to do...
Mr. Brennan: They left shortly — they went on loan shortly before he left.
Commissioner Teele: Are they from the Budget Office?
Mr. Brennan: Yes, they are from the Budget Office. The time. 1 cannot tell you exactly no%N the date and
time but I know it was shortly before that. And my — recently, I had discussion with them and we also have
a note from the Mayor's office to transfer all charges to his office.
Chairman Plummer: OK.
Commissioner Regalado: That will be retroactive, right?
Mr. Brennan: It will be.
Commissioner Regalado: It would be retroactive?
Mr. Brennan: Yes, sir.
Commissioner Regalado: Is this a practice? I mean, can we ask your office, Mr. Manager, for employees to
do temporary work in the. Commissioners' office?
Mr. Warshaw: You can ask, absolutely.
Commissioner Regalado: And you would accept?
Mr. Warshaw: I mean, there comes a saturation point where there's not any potential movement, but the
answer is we have moved people. We will move people in the future, based upon individual needs. I mean,
that's something that's been.going on...
Commissioner Regalado: No. The reason I ask is because I remember, during, in Marquez Administration,
it was said that that's a practice that we should not do..
Mr. Warshaw: Well, I don't know what was said back then, but I gave some examples this morning. For
example, we have police personnel assigned oftentimes the Department of Human Resources to work on
recruiting drives or to help with testing. 1 mean, that's just one that comes to mind where they actually,
physically, you know, have moved but they're still being — maintain themselves as Police Department
employees. We've had special projects, like the Summit of the Americas that comes to mind, where we had
people assigned from departments all over the City, who worked for three, four, five, six months, you know,
on a targeted project and, then, were moved back to where they came from. So, that has happened before,
many times.
Commissioner Regalado: One last question. The Office of Media Relations has a budget of two hundred
thousand ninety-two thousand eight hundred and eighteen dollars ($292,818). How many employees do we
132 April 27, 1999
have now in the Media Relations Office?
Mr. Warshaw: Commissioner, I'll have to get you the number. I don't have it before the meetin�_'s o%er.
Commissioner Regalado: Thank you. Thank you.
Chairman Plummer: OK. Is there any other questions in reference to Item 52. as a discussion item?
Mayor Carollo: Mr. Chairman?
Chairman Plummer: Mr. Mayor.
Mayor Carollo: If I may. I believe...
Chairman Plummer: Welcome aboard.
Mayor Carollo: ...that my office was mentioned while I was upstairs and I have to apologize. I was in the
midst of a long distance telephone call, not from here/there but from central America to here, with one
Mayor, so I couldn't pay attention to everything that was being said. Mr. Manager?
Mr. Warshaw: Yes, sir.
Mayor Carollo: Can you go over the questions that were asked, as far as personnel in my office.
Mr. Warshaw: The question, I believe — I'm paraphrasing — are there employees in the City, was the first
question, who are working in one department, who are from another department? And, then, the question
more specifically was whether or not there were employees in the Mayor's office who are working -there,
who are assigned to another department?
Mayor Carollo: Any other question that was asked?
Chairman Plummer: Yes. Media Relations.
Mr. Warshaw: Media Relations.
Chairman Plummer: To your office, no.
Mayor Carollo: OK.
Chairman Plummer: Media Relations was another question but not directly related to your office
Mayor Carollo: And can I hear again whatever answer you gave to that question, if I may, sir?
Mr. Warshaw: The answer to the question as to whether employees work in other City departments with
their — basically, their assignments staying where they were, the answer is yes. And 1 stated it's been done
many times. I gave, as an example, Summit of the Americas', police personnel who, at times, have worked
in Human Resources for recruiting campaigns. And, then, as it related to personnel in your office, Mr.
Brennan spoke to the issue that there are some employees who are working there. He gave some time lines
as to when and that would be charged, retroactively, based upon the date that they moved there.
133 April 27, 1999
Mayor Carollo: OK. Let me be very precise in clarifying this situation. Out of the 50 larLest Cin in the'v
United States of America. I don't know of a single Mayor that has had as fey employees as I have had. to tr\
to carry on the many responsibilities that I have to deal with for this Cite. When I came back on March 12th
of last year. I found that at the rate that the budget had been spent. I was soon going, to be faced %yith deficit.
major deficit, in the Mayor's Office, which was discussed here at the time, in the last fiscal year's buds=et. I
sacrificed through it with a handful of people and I ran the City's business out of the Mayor's Office. that I
had to do with the limited amount of employees that I had. This fiscal year. I began most of the fiscal year
with only five employees in my office. That's one, two, three, four, five. Frankly, a Mayor's Office cannot
be run with so few employees. If you look at, for instance, other Mayors' offices, Executive Mayors' Offices
in this community, we will find they have some 60 people or so, plus a lot of other people they could borroN\
constantly. There was a point in time where we were completely overwhelmed with work. Five people is
just too difficult to handle the work that we've had to do there. I'd asked my executive assistant to find
people from other parts of this City that we could try out and, hopefully, use in the office. until we could
bring in additional people to hire. My Executive Assistant, Ernesto Toledo."went through the Manager's
Office, got approval through the Manager's office to bring some personnel from the Budget Department to
work in my office. From day one, it was clear that these individuals would eventually be paid from my
office budget, and that's where the moneys would come to pay for these individuals during the time that they
worked in my office. My office has sufficient budget to cover the people that we have had on loan during,
that time. We will not be with a deficit at the end of the year. So, if there are any other questions that
anyone would like to ask me on this matter, I'll be more than happy to get into it in whichever way they
would like for me to deal with it.
Chairman Plummer: Anyone else have questions of the Mayor? Hearing none, Item 52 is completed.
58. FIRST READING: AMEND SECTIONS 1.3.4,5 AND 6 OF ORDINANCE NO. 11705, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30. 1999,
FOR INCREASING SAID APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS OF CERTAIN CITY DEPARTMENTS; REVISING CAPITAL IMPROVEMENT
PROJECTS FOR FY 1998-99 IN THE GENERAL GOVERNMENT, PUBLIC SAFETY, SOCIAL AND
ECONOMIC ENVIRONMENT, PARKS AND RECREATION, PUBLIC FACILITIES,
TRANSPORTATION AND PHYSICAL ENVIRONMENT AREAS. (See label 29). (B) NEED TO
ESTABLISH REAL ESTATE AND DEVELOPMENT DEPARTMENT BY RESOLUTION BY NEXT
REGUL.ARLY SCHEDULED CITY COMMISSION MEETING.
(C) SCHEDULE FOR NEXT .CITY COMMISSION MEETING ITEM RELATED TO CITY
COMMISSION HAVING ITS OWN AUDITS AND BUDGET STAFF
Commissioner Teele: I'd like to bring up Item 22.
Chairman Plummer: All right. Mr. Teele, Item 22.
Commissioner Teele: I move the...
Chairman Plummer: Move Item 22. Is there a second?
Commissioner Regalado: I'll second.
Chairman Plummer: Seconded by Mr. Regalado. Is there any further discussion?
Commissioner Teele: Mr. Chairman?
134 April 27, 1999
Chairman Plummer: Is it an ordinance or a resolution.
Mr. Alejandro Vilarello (City Attorney): It's an ordinance.
Chairman Plummer: It's an ordinance. Mr. Teele.
Mr. Mariano Cruz: Consent Agenda.
Commissioner Teele: No. Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would just like to establish on the record with the Manager that three things -- three
issues. First, that the Department of — what's that department?
Chairman Plummer: Real Estate...
Mr. Donald H. Warshaw (City Manager): Real Estate and Economic Development
Commissioner Teele: Is being line itemed and, apparently, the City Attorney has opined that the only
necessity is that it be in the appropriations. I would hope that that would be a separate authorization and
would ask, at the next meeting, you bring forth a resolution establishing that so that we can adopt it and
maybe create a precedent, that this be done by resolution. 1 don't think it has to be done by ordinance but I
do think that it should be done outside of the appropriations process as an authorization. -- Apparently, the
Charter is not clear on that issue but the Charter is clear that it has to be established. is that satisfactory with
you, Chief Warshaw?
Mr. Warshaw: Yes, it is. I mean, if we're going to go with a separate resolution — and I'll ask the City
Attorney — we should probably, in that resolution, adopt all of the departments that exist in the current
organizational chart because many of those have never come forward in years past and the Commission to
be officially formed.
Commissioner Teele: I would — I have no objection to that but I would note, for the record, that since I.have
been here, this Commission has adopted two separate organizational charts, as required by the Oversight
Board,. and it's contained in the two annual reports that we have prepared to the Oversight Board. So, 1
mean, maybe it has not been done in the normal course of Commission resolutions, but I have a distinct
recollection of approving organizational charts and, in fact, I believe Work Force Development was taken
out of the organizational chart and made a separate department and all those kind of things. There was a
very clear Commission dialogue and discussion. So, 1 think we're saying the same thing and if you would
like to submit it as an organizational chart, I think that would be even better. But I do think that should be
forwarded also to the Oversight Board for its approval.. .
Mr. Warshaw: OK.
Chairman Plummer: Mr. Teele, I think this would be also an opportune time — and I made mention to the
Charter Review Committee of your comments previously and 1 think we ought to discuss it right now about
the possibility of creating for the City Commission our own audit and our own budgetary, and I don't think
it's too soon, if we're going to really seriously look at that in the upcoming budget, that the Commission
would have unto itself its own auditor advising us, and a budget director — a budget analyst that works for
135 April 27, 1999
the Commission. So. I guess. if you want. we'll do is. Mr -Manager. schedule that item for the next meetin_
for discussion.
Mr. Warshaw: Yes, sir.
Chairman Plummer: 1, personally, think that Commissioner Teele is right on the money that, if we're going
to have what you want to refer to as a balance of power and a check and balance. 1 think it's %%orth
consideration of having City Commission have its on audit and own budget people.
Mr. Vilarello: Commissioner?
Chairman Plummer: Mr. City attorney.
Mr. Vilarello: As the Charter currently exists, every employee of the City, other than myself. the Cin
Clerk, the Deputy City Clerk, and the Assistant City Attorneys, works for the City Manager.
Chairman Plummer: Except under professional contracts.
Mr. Vilarello: You can do it under professional...
Chairman Plummer: Sir, I've been here a lot longer than you have.
Mr. Vilarello: I thought that you were asking someone to be employed by the City to be an intern — an audit
general.
Chairman Plummer: OK. That can be done either way. But I'm saying for consideration in the upcoming
budget, whether it is a professional contract or whether you want to do it as a regular City employee, I think
that it deserves merit of discussion before this Commission for the purposes of the next Commission
meeting.
Mr. Warshaw: We'll bring it back.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele:. Thank you for the courtesy and the consideration. On the point the City Attorney is
making, I think he's right as far as he goes in terms of the fact that, if we're going to do this — and I strongly
recommend that we do it — it's organic to a legislative body. I mean, we've said it time and time and time
again. When you had a Manager that worked for the Commission, as an executive legislative body, which
were quasi — executive quasi legislative, its not necessary. But when you go to an Executive Mayor, it is
quite necessary. It's no more than the GAO, the Government Accounting O[ ice function, associated with
_- ... the legislative branch or the congressional budget office in the second context So, you know, this can be
done exactly the way Commissioner Plummer has said or it could even be done with the City employees.
There is no exception, to my knowledge, that employees of Commissioners or the Mayor are exempted
under the rule. Is that not correct?
Mr. Vilarello: If you're saying that they — your employees are the employees that work on your staff, work
for the Manager...
136 April 27, 1999
Commissioner Teele: Employees that work for the Mayor's office and employees that work for 111:
Commission offices are not exempt in the fact that they are accountable to the Manager under the Charter.
Mr. Vilarello: That's correct.
Commissioner Teele: So, it's the same basic rational. I mean, I think we need to use our consideration. But
I think Commissioner Plummer's point, that I'm encouraged that he is considering. is the fact that this
legislative body has the necessity of having a Clerk, a Lawyer and somebody, basically. that does budget
analysis. To be very candid with you. I think the Mayor's office requires a budget analyst personally.
Doesn't the Mayor have the Charter responsibility of submitting a budget or presenting a budget address''
Mr. Vilarello: A budget address.
Commissioner Teele: Well, I don't know how you prepare a budget address with a lot of secretaries and
clerks, et cetera, not to put anybody down in the Mayor's office. I'm sure each person up there could
develop an outstanding budget address for the Mayor. But the fact of the matter is that I think we need to
think a little of this stuff through and not be too critical of each other as we go down this line. And I
strongly support that if the Mayor has the Charter responsibility of delivering a budget address, which, in
my mind, means that he's, at least, preparing budget policies or budget directions, he needs the support
internally of his own budget. So, I think that would be a giant step in the right direction. I also want to
support what the Mayor said in terms of making sure that he has sufficient staff as we go forward. and I also
think that that goes in spades for Commission offices. I have never seen a budget process that literally —
where Commissioners have shot each of themselves in the foot so dramatically as we've done. 1 mean, I've
sat here since we all gave up money for the budget and lead by you, Tomas. And the fact of the matter is, is
that I think we all recognize that we don't have sufficient staff and sufficient support to mect the very real
demands of the constituents that we're hearing more and more from and, quite frankly, as the NET
(Neighborhood Enhancement Team) offices get more and more effective, we're going to have to keep up the
pace. So, I think we should be considering that. Mr. Manager, the second point that I wanted to establish
with you in this vein is that, as we move forward, the NET offices will be cost centered out or, in some way,
there will be more budget identification both -of NET staff and budget resources?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Right now they're co -mingled into the whole process in the Manager's office, I
believe?
Mr. Warshaw: That's correct. The NET program is budgeted out of the office of the Manager. But next
year — the next year's budget, I'll ensure that there is a delineated cost center for each NET office.
Commissioner Teele: And the final question is that this budget adjustment, as you're proposing it, would
remove about two million dollars ($2,000,000) from reserves. Is that a fair statement?
Mr. Warshaw: Yes, it is.
Chairman Plummer: Well, I got to ask this question. I'm sorry, continue.
Commissioner Teele: Do you believe that the seven million dollars ($7,000,000) that will be remaining in
reserves meets the — our obligation as it relates to the Oversight Board's instructions and guidelines to us?
Mr. Warshaw: Yes, sir, it does.
137 . April 27, 1999
Commissioner Teele: And do you also believe that the tn:o million dollars ($2.000.000) is necessan 10 h:
moved at this time for the prudent management of the Cite"
Mr. Warshaw: Yes, sir, I do.
Commissioner Teele: Thank you.
Chairman Plummer: My question, Mr. Manager, is in reference to the great legislative bode of the State of
Florida, who five hundred miles away from their constituents. gave a beautiful Christmas present, which is,
this City is going .to have one major problem with. I'm referring to the over 65, fifty thousand dollar
($50,000) Homestead Exemption for people with income less than twenty thousand dollars ($20,000). and
that's great. 1 think it's absolutely fantastic. But this is going to cost, as I am understanding, this Cite about
three million dollars ($3,000,000) a year.
Mr. Warshaw: Yes, sir. That's the maximum.
Chairman Plummer: Now, where do you anticipate making up that difference in revenue? And the second
part of my question, when the Florida League of Cities got Article 3, it said that the State of Florida could
not mandate a program on the municipalities without providing a guaranteed source of revenue. What
happened?.
Mr. Warshaw: Let me answer the first question.
Chairman Plummer: OK.
Mr. Warshaw: As far as how we're going to fund it — I mean, it all goes into the mix of next year's budget.
For example, there is a over three million dollar ($31,000,000) savings in pension costs as a result of
contractual agreements that have been made with the Union. So, on the one hand, we have a three million
dollar ($3,000,000) revenue stream and, on the other hand, we have a potential maximum of three million
dollars ($3,000,000) lost in the event that it goes to the maximum on Amendment 3. So, the answer is, we'll
have to take all of these factors together, look at our proiections for the year, including any increases in ad
valorem tax revenues and come back to you when we present the fiscal year 2000 budget. I mean, the
answer is not, it's going to come just from one place. And we don't even know if that full impact will be felt
next year. But, assuming that it is, it's part of a mix we'll have to make adjustments for.
Chairman Plummer: All right. And what about Article 3?
Mr. Warshaw: Well, Amendment 3 is the Homestead Exemption.
Commissioner Sanchez: Save Our Seniors. Amendment 3.
Chairman Plummer: No, I'm talking about Article 3 of the Constitution. And we passed that in the Florida
League of Cities that said that if the State mandates a program on a municipality; they have to provide a
dedicated source of revenue. Now, I think that the only out on that was that it could be overridden by a two.
thirds majority, and maybe that's what happened. I don't know. I'm talking about unfunded mandates.
That's what this is. I mean, where is the funding for this mandate?
Mr. Vilarello: This was a constitutional amendment. Unfunded mandate is that the Legislature could not
pass a mandate without providing funding to the municipalities or the counties. This was a constitutional
amendment by referendum.
138 April 27, 1999
Chairman Plummer: Well, did anvbody ask those great geniuses in Tallahassee where the City %vas goin,_ to
get the money to make up the difference? Joe. did anybody go up there and scream and holler at them"
Commissioner Sanchez: No. But — If I mav?
Chairman Plummer: Yes.
Commissioner Sanchez: If we're talking about Amendment 3, save our senior citizens. which is three point
one million dollars ($3,100,000) that was a referendum approved by 68 percent of the people in the State of
Florida. I mean, you could take that to the bank. 1 don't think there's anybody stupid up here in this
Commission to vote against it.
Chairman Plummer: I don't think anybody's going to vote against it. That was not my question. My
question was where are we going to make up the difference of that three million dollars ($3.000.000).
That's all I'm asking.
Commissioner Sanchez: That's the City's problem.
Mr. Warshaw: And I think the answer to that is, it goes into the whole mix of next year's budget. And I just
gave you — because it happens to be a like number. An example of'the fact that the contractual negotiations
with some of the Unions resulted in a three point six million dollar ($3,600,000) reduction of the City's
pension contributions.
Chairman Plummer: OK.
Commissioner Sanchez: What is our surplus now?
Ms. Bertha Henry (Assistant City Manager): The projection that we have for the end of this year...
Mr. Warshaw: Talking about this year?
Commissioner Sanchez: Yes.
Ms. Henry: About four point two.
Commissioner Sanchez: Four point two.
Ms. Henry: Over and above by the required reserves. Yes.
Commissioner Sanchez: OK. So, ruling out the three point one for save our citizens and the two point two
something million, the contract kicks in, correct?
Mr. Warshaw: The answer... ._.
Commissioner Sanchez: We're in the red already.
Mr. Warshaw: The answer that Ms. Henry gave you, the projected reserve, is for this year. For this fiscal
year.
Ms. Henry: Yes, for the end of this year. This fiscal year.
139 April 27, 1999
Mr. Warshaw: So. the three point three potential is for fiscal year 2000. as well as the three point six
million dollar ($3.600.000) potential savings on the pension side.
Commissioner Sanchez: Well, Mr. Manager -- excuse me just a minute. You kno%N. the three point one
million dollar ($3,100,000), you could almost assure — I mean, you — put that to the side because these
seniors are going to get that break in Miami.
Chairman Plummer: Oh, Absolutely.
Mr. Warshaw: And we have...
Chairman Plummer: And well -deserved.
Commissioner Sanchez: And well -deserved.
Chairman Plummer: The only question is, they cut their budget by a billion dollars ($1.000.000.000), OK.
Yet, they didn't give us the three billion to give for the senior citizens. That's nice of them to sit up there and
say, we're giving you a Christmas present and we're reducing taxes by a billion dollars ($1.000.000.000). but
City of Miami just because you're going to lose three million dollars ($3,000,000) with this nice gift we're
giving, that's your tough luck. I mean, I'm sorry. That's a hell of a way to operate, OK. I'm glad for the
senior citizens. I would vote for it. I did vote for it. But I think responsible legislation, when they gave that
-- should have on the other hand, addressed the damage that it was doing, not to this City but to others and
they should have thought about that before they had a billion dollar ($1,000.000.000) reduction. They didn't
do it. OK. With the Commission's approval, I'd like to take Item 54.
Commissioner Teele: I call the question on the vote.
Mr. Vilarello: Item 22:
Chairman Plummer: On 22. Call the question. All in favor
Mr. Vilarello: It's an ordinance.
Commissioner Gort: It's an ordinance.
Chairman Plummer: It's an ordinance. Read the ordinance. Call the roll.
140 April 27, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSIO\
AMENDING SECTIONS 1. 3. 4. 5 AND 6 OF ORDINANCE NO.
11705, AS, AMENDED, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30. 1999.
FOR THE PURPOSE OF ADJUSTING SAID APPROPRIATIONS
RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS OF CERTAIN CITY DEPARTMENTS AS ARE
MORE PARTICULARLY DESCRIBED HEREIN: REVISING
CAPITAL IMPROVEMENT PROJECTS FOR FY 1998-99 IN THE
GENERAL GOVERNMENT, PUBLIC SAFETY, SOCIAL AND
ECONOMIC FACILITIES, TRANSPORTATION AND PHYSICAL
ENVIRONMENT AREAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Teele, seconded by Commissioner Regalado, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
59. DISCUSSION CONCERNING THE ANNUAL REVIEW OF THE TERMS OF ELECTED
OFFICIALS AS MEMBERS OF ANY AUTHORITY, BOARD, OR COMMITTEE - DEFER TO JUNE
8TH
Chairman Plummer: I would like to take, if I may, out of line, Item 54, which is the last item of work and
go into 53 after that. Who put 54 on the agenda, Mr. Clerk?
Mr. Walter Foeman (City Clerk): I did, Chairman Plummer.
Chairman Plummer. OK.
Mr. Foeman: This is the annual appointment by the Commission to boards and committees. Pursuant to the
Code, the Manager's supposed to convey to the Commission a report, which itemizes each length of service
of each Commissioner on each board of the City. I've provided a handout to you regarding that.
Chairman Plummer: is that not the appointments by the Mayor or is that by the Commission?
141 April 27, 1999
Mr. Foeman: These are Commissioners' appointments and. as well as, am- appointed board; that the Mayor
may serve on.
Chairman Plummer: All right.
Commissioner Sanchez: Wait.
Chairman Plummer: So, is there any action to be taken by the Commission?
Mr. Foeman: The Code stipulated that we had to provide you with a report 30 days before the anniversar\
date, which is June 1st.
Chairman Plummer: All right. So, in other words, if any Commissioner wishes to be considered for a
board, is that what you're saying?
Mr. Foeman: Yeah. Well, the Commission has the discretion of reappointing their respective appointments
to the board, provided that no other member of the Commission wishes to serve on that -respective board.
Chairman Plummer: OK. So, in other words, should we make our thoughts known today?
Mr. Foeman: You don't have to.
Chairman Plummer: I'm saying if they want to?
Mr. Foeman: The Code only requires us — if you want to, you may.
Chairman Plummer: All right. I will just indicate, for the record, that I wish to continue serving on
Bayfront Park and International Trade Board. That's Plummer.
Commissioner Sanchez: And the eight others you sit in.
Chairman Plummer: Not appointed by this Commissiori.
Vice Chairman Gort: I have a question.
Chairman Plummer: Mr. Clerk.
Mr. Foeman: Vice Chairman Gort.
Vice Chairman Gort: 1 think what you're saying, and correct me if I'm wrong, we each have different
appointments to all the different boards that we have to renew every year?
Mr. Foeman: Yes. These are annual appointments to boards and committees. The Commission has a
handout of all of those current appointees to the various boards and committees, and you may either review
this now — my charge was to provide you with a report through the Manager.
Vice Chairman Gort: I understand. You're complying with the regulations, but...
Commissioner Sanchez: Those are the elected officials?
Vice Chairman Gort: Excuse me. I haven't finished. My question is, you're talking about appointments
142 April 27, 1999
appointed by us. the elected officials, to the Zoning Board or the Planning Board. Code Enforcement?
Mr.'Foeman: No. These are the boards that you're serving on as chairpersons...
Vice Chairman Gort: We, as elected officials, will belong to'
Mr. Foeman: MSEA (Miami Sports and Exhibition Authority), DDA (Downtown Development Authority).
Bayfront Park, Management Trust. Those boards where you're actually serving on as board members.
Vice Chairman Gort: OK. -
Chairman Plummer: Right.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I think it would be fair for everybody to know each board and who is appointed to
those boards. Bayfront Park, that's yours.
Chairman Plummer: Yes, sir.
Commissioner Sanchez: Coconut Grove Standing Festival Committee, Regalado.
Chairman Plummer: Correct, sir.
Commissioner Sanchez: Dade League of Cities, Commissioner Gort.
Chairman Plummer: Correct, sir.
Commissioner Sanchez: Downtown Development Authority, Commissioner Gort.
Chairman Plummer: Yes, sir.
Commissioner Sanchez: Enterprise Zone Advisory Council, Commissioner Teele.
Commissioner Teele: I want off.
Commissioner Sanchez: All right. Florida League of Cities, Commissioner Plummer.
Chairman Plummer: Right.
Commissioner Sanchez: International Trade Board, Commissioner Plummer.
Chairman Plummer: Correct.
Commissioner Sanchez: Job and Education Partner, former Commissioner Hernandez.
Mr. Foeman: You should make a decision on that.
143 April 27, 1999
Commissioner Sanchez: Oh, yeah. Metro -Dade Communit-, Action Board. former ConlnlissiOnfr
Hernandez. Miami -Dade HIV/AIDS Partnership. that's mine. Board Miami Sports and Exhibition. the
Mayor is the chairperson. I am the...
Chairman Plummer: Designee.
Commissioner Sanchez: ...designee. Omni CRA (Community Redevelopment Authority). Commissioner
Teele, and Commissioner Gort as Vice President. - Southeast Overtown Park West Community
Redevelopment Authority, Commissioner Teele and Commissioner Gort Vice President. south Florida
Employment and Training, Commissioner Plummer. Tourist Development Council. Commissioner
Plummer. Dade County Visitor Industry/Volunteer Educational Training Trust, Commissioner Re=alado.
These are the boards that you are specifically talking about, correct?
Mr. Foeman: That is correct.
Commissioner Sanchez: All right. Well, I make a motion to defer. and I'll bring it out at the next
Commission meeting.
Commissioner Teele: Well, wait a minute. There's no need to defer this item. This item is for information.
thirty days before — these appointments are to be made in June, is that correct?
Mr. Foeman: Yes, June is the anniversary date, on or before.
Commissioner Teele: So, on or before — so, we should just say in the first meeting in June, we'll take this
item up.
Chairman Plummer: OK.
Commissioner Teele: And I think it would be helpful, "Commissioners, if, given the Sunshine Law, if any
Commissioner would put in writing, to each of us, any'changes or any desires or preferences that you may
have so that we can consider it and — because.there has — I mean, there needs to bea little bit of thought to
this so that we don't just walk into a meeting and — depending on who's mad at who or who feel goods about
who.
Commissioner Sanchez: No, it's not a matter of being mad at anybody or wanting anybody's position, but if
you look at this — I mean, Commissioner Plummer, you hold, how many seats? One, two, three...
Commissioner Teele: No need in getting personal.
Commissioner Sanchez: Well, it's not getting personal. But it gets to a point that, you know — you have
your CRA. He's got his Bayfront Park and so on. And, then, you see items that come up in front of the
Commission. Everybody fights for theirs, you know, and you got left out. So; no, it's — if we're going to be
fair, let's be fair with everybody. I don't want to take over Bayfront Park. I don't want the CRA. But let's be
fair about it, you know.
Chairman Plummer: Well, being fair in CRA, I think that we all are members of CRA
Commissioner Sanchez: J.L., we'll leave it as it is.
Chairman Plummer: OK. All right. So that will, then, be scheduled for June. OK. Mr. Clerk, I only have
144 April 27, 1999
one question. if I may. My appointments on the Bayfront Park are up in May. is there am_ reason why it's
not on this agenda?
Mr. Foeman: It's on the May agenda. Scheduled for May.
Chairman Plummer: OK. So, they can all come lobby their individual commissioners.
Chairman Plummer: All right. We are now going into garbage, and we are going take up Item 53.
discussion concerning franchising solid waste commercial accounts.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Now, before we do that, we have a blue agenda.
Commissioner Teele: Mr. Chairman?
Commissioner Sanchez: No, no, no.
Chairman Plummer: Let me finish and I will recognize you.
Commissioner Teele: Mr. Chairman, I know, but let me — I just want to clear up one thing.
Chairman Plummer: All right, sir.
Commissioner Teele: Mr. Clerk?
Mr. Walter Foeman (City Clerk): Yes.
Commissioner Teele: If I was Chairman of the Miami Exhibition and Authority from January — from
December 30. '97 to January 13, 1998, I never served. So, please remove my name from that august group
of former chairmen, please.
Mr. Foeman: OK.
Chairman Plummer: So noted for the record.
60.(A) DISCUSSION CONCERNING FRANCHISING SOLID WASTE COMMERCIAL ACCOUNTS -
DIRECT MANAGER TO COME BACK AT THE NEXT MEETING WITH FRAMEWORK AND
SPECIFIC GUIDELINES FOR FRANCHISE AGREEMENT WITH WASTE HAULERS, FURTHER
INSTRUCTING THE MANAGER TO INCORPORATE THE INDUSTRY'S SUGGESTIONS
REGARDING SAME.
(B) DRAFT ORDINANCE ESTABLISHING COMMERCIAL SOLID WASTE MANAGEMENT
ADVISORY COM E TEfi_
Chairman Plummer: So, for the information, once we are finished with the waste haulers, we have the blue
agenda, which is the agenda of the Commission. At such time we will, then, go into Planning and Zoning.
I'll ask now that, first and foremost, the administration be heard from in relation to their workshops and their
recommendations, and then any of the individual companies who wish to be heard. Does anybody of any
company that wants to speak need more than five minutes? Is there anyone here representing a company
who will need more than five minutes? Then the — I'm sorry.
145 April 27, 1999
Vice Chairman Gort: You got a guy here from the Kiwanis Little Havana. the Executive Director. I don't
know what he's doing here. if he's got an item here in front of us.
Chairman Plummer: Who is?
Vice Chairman Gort: He does?
Mr. Raul Martinez (Assistant City Manager/Operations): It's a special item of one of the Commissioners. I
think it's Commissioner Regalado.
Vice Chairman Gort: Oh, OK.
Mr. Martinez: Little Havana Special Events.
Vice Chairman Gort: All right. He say he don't like politics and all that, so I wonder what he was doing.
Chairman Plummer: All right. What we're going to do is, we're going to let the administration make their
concerns known. Then we will give any of thevendors, who sign up with the Clerk now. five minutes per
company, OK. And then members of the public who wish to discuss, if they wish, the issue, and then 1 will
close the public hearing and make it discussion among members of the Commission. All right. Mr.
Martinez, are you going to speak for the administration?
Mr. Martinez: Yes, sir, I am.
Chairman Plummer: Proceed.
Mr. Martinez: Raul Martinez, Assistant City Manager. Mr. Chairman, the Commission charged the
administration back some time last year, like in October/November, to put together a committee to take a
look at the issue of commercial solid waste accounts and the possibility of franchising. We have held two
industry workshops in the past. We have brought this issue in front of the Commission twice. One on
February 23rd and the last Commission workshop on March 30th. We have prepared two reports for the
Commission. One dated February 22nd and the latest one, with the administration's recommendation,
March -- it's dated March 29th and we're here ready to proceed in whichever way the Commission wants us
to proceed.
Chairman Plummer: All right. Anybody have any questions of the administration in reference to their
recommendations? Mr. Patterson, the expert on garbage, do you have any comment you'd like to make?
Mr. Clarence Patterson (Director/Solid Waste): Nothing more than I support the administration's
recommendation.
Chairman Plummer. You wrote -the speech for Mr. Martinez
Mr. Patterson: No, sir.
Chairman Plummer: All right. Mr. Clerk, in order as they were received. The first speaker is? By name
and company.
Mr. Foeman: Mikki Canton.
146 April 27, 1999
Chairman Plummer: Mikki Canton of Holland and [might. Representing which compam '
Ms. Mikki Canton: Thank you. Commissioner.
Chairman Plummer: Wait a minute. Wait a minute. Wait a minute. Representing which company.
Mr. Foeman: BFI (Browning & Ferris Industries).
Chairman Plummer: Set the clock for five minutes. She or whoever she wishes have five minutes to discuss
the issue. Ms. Canton.
Ms. Canton: Thank you. Commissioner, I would like to request one minute for introductory purposes and 1
would like to reserve an additional four minutes later on, if necessary.
Chairman Plummer: Beyond for five?
Ms. Canton: No, sir. One and then four, if necessary.
Chairman Plummer: Absolutely. No problem at all.
Ms. Canton: Commissioner, Commissioners, thank you for the opportunity to speak. Mikki Canton with
the law -firm of Holland and Knight, on behalf of BFI. For introductory purposes only, we concur and
strongly support the Manager's recommendation, having participated in the workshop process and believing
that it is the right and the fair thing to do for Miami and for the citizens. Thank you.
Chairman Plummer: I would hope all would be that brief but I know differently. The next speaker. Mr.
Clerk, and which company?
Mr. Foeman: David Mc Williams, Mac Pac Waste and Recycling Services.
Chairman Plummer: For the record, sir, if you'll give us your name and mailing address. You have a total
time of five minutes.
Mr. David Mc Williams: Thank you. Commissioners, my name is Dave Mc Williams with Mack Pack
Waste and Recycling Services. I've been in business here in Miami for the past 30 years.
Chairman Plummer: Your address is?
Mr. Mc Williams: 2900 Northwest 72nd Street. I'd like to say this, that we strongly, my company and other
small companies doing business here in Miami, strongly support what the City Manager is recommending
and what the staff for the solid waste is recommending, that we go to a franchising without districts, and that
we keep the competition here in Miami. Franchising on an exclusive basis, as far as I've seen with my
experience in the past 30 years, has only resulted in high pricing for the citizens and people doing business
in Miami. This will eventually reach all the citizens because if you raise prices for picking up the garbage,
they're going to have to pass this on. In all cases where franchising is done exclusively, that I've seen, the
prices are much, much higher, and there's very little control of these prices going up. I think that your staff
and the Manager have seen this. I think they've done their homework. We've participated in the workshops.
We've designed some areas that — or they've designed areas that we can participate in to make the garbage
pick-up in Miami better, and that's what we'd like to have the opportunity to do. Thank you.
147 ' April 27, 1999
Chairman Plummer: Thank you, sir. Mr. Clerk. the next speaker and which company they represent
Mr. Foeman: Tony Spadaccia, representing Waste Management.
Chairman Plummer: Give us your name and mailing address, please.
Mr. Tony Spadaccia: My name is Tony Spadaccia, representing Waste Management and current office is
3831 Northwest 21st Avenue. I'd like to say that we concur with the City Manager's previous
recommendation of the City of Miami, that the commercial solid waste licensing plan should be an
exclusive franchise, not by district. Our previous recommendations follow along with the Manager's
recommendations and we have — as we have discussed, by keeping the City competitively priced and
serviced, the customers and the community benefits. We suggest the license agreement that would be in a
to 10 year term and would be for the sure reasons of depreciation of equipment and facilities. This will
offer the customer the highest level of service with the best possible price and the City will gain revenue
year in and year out. We go into a bidding frenzy, the customer will be forced to use a company not of their
choice. An exclusive franchise not by district provides the things that. this City is looking for. It maintains
competition; it provides for a commitment to the community, via clean-ups, and facility services: it
establishes rules and regulations; it creates value added services for the community. it enhances the revenue
stream; it creates a reoccurring annual revenue; it limits and controls the number of licensed haulers and,
very importantly, it gives the customer a choice. The customer is not always interested in price but he's
always interested in choice and he- likes to make that decision. He may be stuck with me next week and he
may have fired me a month ago. He's not going to be too happy with that. It's almost like guess who's
coming to dinner? I come back. It's not going to work. And last but not least, this does not displace an),
current qualified haulers. It's a system that will work. It's a staff recommendation and we endorse it. Thank
you.
Chairman Plummer: Thank you, sir. Mr. Clerk, the next speaker and what company they represent.
Mr. Foeman: Gregory Davis, Garbage Roll -Off Demolition.
Chairman Plummer: Person present? Your name and the company and the — your mailing address.
Mr. Gregory Davis: Gregory Davis, Garbage Roll -Off Demolition, 1602 Alton Road. Thank you for
listening. My vote or how I feel would be to follow what the City Manager has said, franchising without
district. It allows small haulers, like me — I'm less than a year old — to continue to do business in this City.
I've been in the industry for seven years and. developing contacts, which, you know, support my family. It
would really cause me financial distress if I wasn't able to work here in the City. Right now, the way I see
the industry, is that it's all based around service and price to our customers. Our customers call us. They're
looking for good service and a qualified price. These franchises, from what 1 see, can really push prices
beyond market — a free market system. Miramar, being a perfect example, has an annual fee of nine
hundred thousand dollars ($900,000). There's three.companies that can afford to pay that. All three of them
are there. They're getting nine dollars and fifty cents ($9.50) a yard. Here in Miami, a competitive rate is
four to five dollars per yard. And if you've watched how the industry has consolidated over the last two
years, the number of haulers is consistently shrinking. There must have been 30. Now, there's only 13 of
us. And putting a franchise system out that, you know, penalize the small guy, who wanted to offer good
service and competitive prices would really, you know, stop. the free market system and what America was
built on. And that's how I go.
Chairman Plummer: Thank you, sir. Mr. Clerk, the next speaker and the company they represent.
148 April 27, 1999
Mr. Foeman: Matthew Morrall. representing Republic Services Group. Inc.
Chairman Plummer: For the record, your mailing address, please. sir.
Mr. Matthew Morrall: My name is Matthew Morrall, 2455 East Sunrise Boulevard. Penthouse West. Fort
Lauderdale, Florida. Here on behalf of Republic Services and Imperial Sanitation, their subsidiary. I'd like
to reserve a couple of minutes of my time for Mr. Harold Carter of our company, but 1'd like to tall: first...
Chairman Plummer: You have a total of five, sir.
Mr. Morrall: Yes, sir. 1'd like to talk first about the City Manager's report. The way the City Manager
structure the report, by charging fifty dollars ($50) for each account, of twenty thousand accounts. that
equates to a million dollar tax that's being passed through to the citizens of the City of Miami. Additional
services requested from the collectors, without exclusive territories, result in additional charges to the
people that are receiving service. Our contracts provide that any and all governmental charges are to be
passed through to the customer. These numbers probably add up to an additional million dollars
($1,000,000) for the community clean-up and the City collection. By doing a non-exclusive -- so, in
essence, that's two million dollars ($2,000,000). By doing non-exclusive by district, you don't have anv
enforcement problems fixed. There's no efficiencies to be passed back on to the City of Miami. In response
to the franchise agreements, end up controlling costs and services and having those controls in place of the
exclusive districts. You know who's responsible and who's not responsible for providing these services.
Now, I'd like to turn it over to Mr. Carter.
Chairman Plummer: Mr. Carter, you have three minutes and 30 seconds left.
Mr. Harold Carter: Thank you, Commissioner. Good afternoon, members of the Commission. Matt told
you some of the things that I think are generic to this issue. Let me make it very clear that Republic
Services could absolutely work within the framework that has been recommended by the City Manager.
The problem with the recommendation by the City Manager, other than the million plus, possible up to two
million dollars ($2,000,000) in charges that will be passed back by all of the current haulers to the current
commercial customers is that, if you don't have an exclusive district, a boundary that a hauler, whether it's us
or someone else, picks up in, then there's no efficiencies of scale provided; therefore, the haulers that are
here today will continue their current pricing, their current service, to their current customers and all of the
new fees will end up being attached to the current customers. If you go to exclusive franchises, one haulers
within a district, whether it's a Commission district or some other district, then what you do, you create
these efficiencies. if you have an RFQ (request for qualification), RFP (request for proposal) process, the
responder to that RFP puts down and says, "I think I can do these good things for this City. And here is the
rate that 1 will charge to the customers within this geographic area and here are the systems under which and
the formulas for any increases in the charges. And here are the additional services that 1 can provide to this
City." So, each hauler is going to tell the City the good things that they can do. Once you go through an
RFP/RFQ process for exclusive franchises by district, you'll have a lot of information that you currently do
not possess. _ Once you possess that information, then you can sit back and say, "oh, well, maybe this is the
best way to go." Or maybe you'll say, "this didn't work out at all and we'll try something else." But you
need to gather that data and know what it is that each and every hauler can do for each of your residents and
your commercial customers. Without the RFP/RFQ exclusive by district process, you will not know those
answers. Thank you.
Chairman Plummer: Thank you, sir. Mr. Clerk, the next speaker and the company they represent.
149 April 27, 1999
Mr. Foeman: Ben Bush and...
Chairman Plummer: Who?
Mr. Foeman: Ben Bush and...
Chairman Plummer: Ben Bush.
Mr. Foeman: And Frank Kreutzer.
Chairman Plummer: What company?
Mr. Foeman: Represent General Hauling Service.
Chairman Plummer: All right. Sir, you have five minutes.
Mr. Ben Bush: OK. I'm only.going to take, at most, two minutes, and reserve the rest of my time for Mr.
Kreutzer.
Chairman Plummer: Bless you, son.
Mr. Bush: My company, General Hauling Service, has been run by my family since 1945. We have offices
in the City and we have customers that we've served in the city for many, many years. We provide
specialized service, basically, because of our small size and we support the City Manager's report and I
would just hope that the City Commission would not take any action that would put my family out of
business in the City.
Chairman Plummer: Second speaker on the same agenda. The honorable, noble, barrister. Mr. Kreutzer.
Mr. Frank Kreutzer: Frank Kreutzer, 3041 Northwest 7th Street.
Chairman Plummer: Miami High Alumni.
Mr. Kreutzer: Commissioner Teele used to do that to me at the County. My office staff told me, the last
meeting I came down here, if Commissioner Teele was on the Commission? I said, yes. He moved from
the County to the City so he would have that opportunity and shout at me. Well, Commissioners, my view
on this matter, on behalf of small haulers in this City, as the previous speaker indicated, that number of
entities is shrinking dramatically. Our view is that there's a need for competition in this City and in this
County, as well as in the State and the Nation. As long as we have competition, we have the ability to try to
get lower rates to taxpayers and consumers. So, our view is that we hope that you'll continue the current
structure with the fine tuning that's been recommended by your staff. Along those lines, let me just indicate
to you that I was born in this town, raised here. Happy in my ignorance. Pm going to stay here. But this
procedure that the City Manager and his staff and this Commission has been put together has really been an
enlightening situation and your staff should be complimented for having the ability of having different
competing views brought before the group that studied this and made this report, and had several
workshops. So, it's a keen indication of the City being in the right track for getting consumer information
and industry information to this Commission. The final 18 seconds, I'd like to share with you...
Chairman Plummer: You have three minutes.
150 April 27, 1999
Mr. Kreutzer: Thank vou. but I'll still only take my 18 seconds. if 1 possible can. Is that this situation is one
that will repeat itself in other areas. So the view is that there needs to be competition and not me;_a
corporations and conglomerates having the sole ability to comply with needs contracts for the citizens. We
hope you'll keep what the Civy Manager has recommended to you. Fine tune what \\e have. raise tite
appropriate funds that you need to help my City be successful. And we thank vou for what you're doing_ for
us and to us because we need that help and the small haulers need that help now. Thank you.
Chairman Plummer: Thank you, sir. The next speaker, Mr. Clerk?
Mr. Foeman: Luciano Isla, representing Dade Waste Haulers.
Chairman Plummer: Your mailing address, please, sir. You have five minutes.
Mr. Luciano Isla: Good afternoon, Mr. Chairman, members of the Commission, City Manager. Ladies and
gentlemen, my name is Luciano Isla. I'm an attorney at law with offices at 1790 West 49th Street. Hialeah.
Florida. Mr. Chairman, you've just heard this afternoon the basic business of philosophy. The majority of
your license waste haulers in this City, they look to you, to work with you, for your guidance as to how we
can better the community and, in turn, serve their clients. There has. only been one company that has spoken
to you today, who's philosophy is contrary to that. Their philosophy is one of exclusivity. They want
exclusivity. They don't want competition. And their fear of the market place was perhaps best
demonstrated when they said, "go out on an RFP; go out on an RFQ, and we will come to you, the City, and
we will .tell you, City, what we can do for the customers?" No. It is the private companies that you license
and regulate; the ones thathave to go to the customers and sell their service to the customer. That's what
these companies do. That's what — these companies that want a free, open, market place competition do.
They go to the streets and they sell their service at a rate that the customer and they will agree upon. They
don't come to the City and say, you shield us from a free open market place. That is the philosophy that l
will suggest, Commissioners, you should reject. It has been over a year since we began working with this
Commission. Commissioner Teele, in March of 1998, began to look for ways so that the City could have
recurring income. The fees were increased then to 20 percent. Following that, Commissioner Sanchez
brought to the forefront the need for regulation and accountability. There followed, Mr. Chairman, vou and
Commissioner Gort, an issue of the quality of service and accountability, as well as financial need of the
City. And at our last meeting on March the 29th, Commissioner Regalado said, "Let us move forward. We
cannot continue this process of many meetings without moving forward." So, we are here today. We're
here today following a one year -long process. All of my clients, the Dade Waste Haulers Council, have
always been here for every meeting. We're fully accountable to you and, more important, to your
constituents, who have elected you and who pay their taxes to keep the City going. Thus, we are here in
support of the Manager's recommendation, that you franchise without districts. Because that will resolve
the issues that you have brought forth. It will provide recurring income. We will suggest a thousand dollar
($1,000) a year annual recurring fee. Every hauler can meet that and it will bring — consolidate your roll
away clients as well as your solid waste clients. It will provide at least fifteen thousand dollars ($15,000) of
recurring annual income. At sixty dollars ($60), unlike Republic — they say 50. I say sixty dollars ($60) per
account, by your numbers, will produce sixty dollars ($60) a year per account. A million two hundred
thousand dollars ($1,200,000) on an annual basis. Recurring income, it will provide the City with
accountability from the first month because now the City will have all accounts by each company and it will
provide a level playing field because the big haulers will pay per account, just as a small hauler would. We
will continue the 20 percent fee that you now have. An additional one point eight million that the City had
collected as of February of this year by their own numbers. Our industry has been and we're setting forth
the guiding light that perhaps you ought to involve in other businesses and industries as well.
Chairman Plummer: One minute.
151 April 27, 1999
Mr. Isla: As a result of that. we have _met through vour,process and your message to your constituents has
been, we are setting new guidelines and new standards. New accountabilities. We're meetin,a all of those
with the Manager's recommendation. Let us continue to go forward. Limit the licenses. as the Manager has
recommended, after an open period. Now, you're going to bring your roll -off containers. as well as \our
waste haulers. Everybody in the same license and we can do so for a period of five years and go fon\ard
from there. Thank you all very much for letting us be part of this system.
Chairman Plummer: Thank you, sir. Mr. Manager — Mr. Clerk.
Mr. Foeman: Manuel Gonzalez.
Chairman Plummer: Mr. Manuel — Oh, no, no. -No, no. Excuse me. No, no. Are there anv more haulers'
Mr. Foeman: No.
Chairman Plummer: Any more companies that wish to be heard from?
Mr. Foeman: No.
Chairman Plummer: Now, Ms. Canton, do you wish to have your remaining four minutes now or do you
want it...
Ms. Canton: Commissioner, if — I will take my minutes if this is the end of the discussion?
Chairman Plummer: It's your choice.
Ms. Canton: If not, I will reserve until the end of the discussion, prior to the vote.
Chairman Plummer: All right. That's your choice. What do you want?
Ms. Canton: I will wait until the vote.
Chairman Plummer: So be it. Mr. Boom -Boom. The man that must know garbage for sure.
Mr. Manuel Gonzalez-Goenaga: Well, you'll be surprised.
Chairman Plummer: You don't get five minutes.
Mr. Gonzalez-Goenaga: You see, discrimination in Miami. Well, anyway...
Chairman Plummer. Yes, I readily admit that I am anti -nuts..
Mr. Gonzalez-Goenaga: I must admit that every time I come before this Commission I am more confused. I
have never seen the big lobbyists come in here and, with the exception of one all being accord and praising
the management, there is a proverb that says, "when everybody thinks the same way, that means that nobody
thinks." So, I question — there is something fishy that have not come out yet that I want to hear it. Because
I see all these sharks — and that's a nice way, to tell them — that they come here to benefit the citizens of
Miami. No. I don't think you guys believe that. They come to increase their pockets...
152 April 27, 1999
Chairman Plummer: is his time up?
Mr. Gonzalez-Goenaga: ...at the expense of the citizens of Miami. So. 1 would like to have an expianation
from my representatives. who are my five Commissioners here.
Chairman Plummer: That's a good idea. Whose district do you live in?
Commissioner Regalado: Mine.
Mr. Gonzalez-Goenaga: I don't know.
Chairman Plummer: OK. Now, Mr. Regalado, you are a committee of one, to take care of your constituents
in a manner befitting the dignity of this...
Commissioner Regalado: He lives three blocks from my house.
Chairman Plummer: All right. Wouldn't you know it, the other part of the "quiniela," Mt. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I am speaking on this on behalf of my wife.
Chairman Plummer: Willie, this is your district.
Mr. Cruz: She reminds me every day of this and I tell the people here in the silk Italian suits and all that,
they don't deal with the garbage out there. I deal with the garbage at the market there, and 1 see the BFI,
Browning Forest Industry; I see the Wayne Huizenga Republic; I see the Waste Management thing.
Overflowing with the garbage and the trash and everything. Get to make a regulation with the City to
enforce, that the people need one dumpster or two dumpsters, three dumpsters. They got to have the
dumpster and pay for them. Not leave it out there overflowing for us neighbors to go down 13th Avenue
and look at the landscaping that, freely, they give to us. Because they go down the — they don't go to
Allapattah, there to the market and see that. No, they see how many — how much time I put in here and see
how money I'm going to get. And Huizenga, he never goes there or sees, or the executive, but he goes down
to the little guy on the truck that goes there, so he say, "no, I just leave one dumpster container down here.
One container here. No. Make sure — and the City have the policy because the Solid Waste Department
right there on 13th Avenue, right by — and they go by there everyday and they see all that garbage there.
And especially now, summer time is coming and it smell a lot. Thank you.
Chairman Plummer: You know, that's one of the first times today he's made sense. I drove through the
market the other day and I got to tell you, Mr. Manager, it is atrocious. It is a disgrace. And why we allow
that to continue, 1, for the life of me — I don't know why the health department isn't over there. They're
selling food for people to eat and I've got to tell you, if people knew that their food was coming from over
there, they would have some second thoughts. Mr. Manager, I would like a report back from you in the next
30 days of what you're going to do to clean that area up. I mean, it's — I shouldn't be saying — this is Mr:
Gores district . .
Vice Chairman Gort: J.L.?
Chairman Plummer: But I got to tell you something. Mr. Manager, if you don't have a report back telling us
exactly what you're going to do in 30 day to clean that up, we ought to get a whip. Mr. Gort.
Vice Chairman Gott: J.L., we go back to, for the last four years, I've been saying the same thing. We know
153 April 27, 1999
where all the dumping is taking place. It's in the same spot. So. illegal dumping. we have legalized it no%\
because every Tuesday, when the trucks go-by. people do the illegal dumping the day before and the\ put
them there. - And. you know. thev talked about they've been working with us for a whole year and how the\
want to help the community and so on. I wish you would take a trip through Allapattah. to Vl;yn\\ood. to
Model City and see the bins in there; to see how much improvement they have made. I haven't seen amat
all. They're supposed to be helping the community and I don't see it. I mean. my understanding is. the\'ye
been meeting for the last six, seven months. I've not seen any improvement in any of the facilities that 1 ego
by and that are being served by this industry. So. I really believe that we need to get a hold of this and really
regulate this industry.
Chairman Plummer: All right. is there anyone...
Vice Chairman Gort: Because that's the biggest problem that we have, let me tell you.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Is there anyone — can we finish up with the public and then we go to the Commission?
I mean, it's up to -- I'd like to do that.
Commissioner Sanchez: You're the Chairman.
Chairman Plummer: If there is, is there anyone else of the public who would like to be heard on this issue?
All right. Then I'm going to close the public hearing and turn it over to the Commission. Mr. — the two of
you? You flip a coin.
Commissioner Regalado: That's OK. Go ahead, Joe.
Chairman Plummer: Mr. Sanchez. You're the'youngest and the greenest and...
Commissioner Sanchez: No, no. You're the one with the most experience but I'll tell you this much. 1 was
the one that, several months ago, asked the City Manager to look into this ongoing problem, which was one
of the red flags of so many "in some situations, including the Workmen's Comp, which we'll deal in a later
time. When this was put out, it was through the process of many complaints, through my office, that the
haulers were not complying with the rules. There were containers in the middle of the street; there was
Graffiti in the cans; there was no lids; people complaining of the bad odor. We basically looked into it and
saw that the City, partly to blame, had no tough enforcement on this industry. In other words, the house
wasn't in order. The, cat was out and the mice were playing. So, we looked into ways of improving these
ongoing problems, which lead me to appoint where I felt that an RFP would be in good steps to alleviate this
problem. Through the whole process, the City administration has worked very hard in implementing
workshops and many other meetings that were held. We had identified deficiency in the current system.
Many deficiencies. These companies that came together and admitted, "we have to regulate ourselves. We
have to find a way." One was — of course the situation the CiWs in — to enhance revenue. We also looked
at in kind services for the City, which could be picked up by the big firms that were handling the accounts.
Other things were, the records weren't in good standings and some companies were not paying their fees.
So, there did exist some. companies that were not paying and basically not going with the rules and
regulations. So, through the whole process, there came the workshops and through the workshops, things
were brought to the table. Things were discussed in a very professional manner, and the City made a
recommendation. I have — and I show you all the documentations that 1 have pertaining to this, which is a
stack of firms calling and basically expressing their concerns. Republic, on one side, pushing for exclusive
franchise, which some of their ideas are good ideas. Through the whole process, I've come to agree on one
154 April 27, 1999
issue. Competition must exist to establish a fair market and competition is good. No%%-. what the Cite has to
sit down and look at is what's good for the Cite. Vve have to realize that trucks need to be in good condition:
rules have to be applied: we have to do what's right for this Cite. Also. in the financial situation that we're
in. But, through the whole process, we've come until today -- today we're here to decide what the Cit\'s
going to do and will — the Commissioners will listen to the arguments and so \will people on Channel 9. But
one concern that 1 do have on the districts is, if we divide the districts. how would that be? \ hat would be
the effect? Maybe Republic can give a good price but through the contract here expire and then what''
They fall under possibility of monopolizing the system and then, if there's no competition, you're basicall\
just like the cable industry. But through the whole process, things have been able to be worked out. We've
generated money for the City. The City has come up with close to two hundred and some thousand dollars
with additional four hundred thousand dollars ($400,000.00) pending. Businesses have come forward and
said, "Listen, we're going to start doing business the right way. We don't want to jeopardize our contract
with the City." But I'll sit here and as a legislative body, an elected official representing the people in this
community, I will let my colleagues, with my vote, decide what's right for this City. The one good thing is
that we open our doors to everyone. Everyone has the opportunity to practice democracy in its most
beautiful form, which is to express your opinion and have everyone respect your opinion. Thank you.
Chairman Plummer: Thank you. Mr. Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. I am also been part of this process and I attended
Commissioner Sanchez the last workshop and as I sat here this afternoon, I'm really feeling very
uncomfortable because the only thing that I have heard is how much money the City can make out of these
changes that we are proposing. And I am very uncomfortable for the fact that what we are about to start
here may be another tax for the people because those fifty dollars ($50) or those sixty dollars ($60) or those
eighty dollars ($80) will be something that will be passed on to the consumers, which, by the way, are the
same residents and property owners of the City of Miami. They don't live outside of the City, nor do they
have property outside of the City. I thought that our main objective was the quality of life. We sort of, two
years ago, I guess, decided on raising the franchise fees for the companies and they did pass that along to the
customerand, after that, we decided to work with the companies in terms of having a better quality of
service, having more and better equipment, and having a way that we could work with these companies to
have a better service in terms of hours, in terms of community involvement, in kind services, and all that.
And I frankly — first of all, I will do whatever the Commission wishes to do. I only ask the same thing that I
asked when Commissioner Sanchez was chairing the workshop, that we move forward. Because if we leave
it as it is and decided that we have done a lot by charging fifty dollars ($50) per account, that would be a
million dollar ($1,000,000) more for the City, I'm telling you that we are going to have, with the garbage
companies, the same problems that we are having with the towing industry. We have a committee that does
meet and work very hard but still there is the problem with the towing companies crossing each other's
districts, abusing their actions with the public, and it's not much that the City can do. So, Mr. Chairman, not
— in order not to use more time, I — first of all, I do not agree with the fifty dollars ($50) per account. 1 think
that the main goal of the City should be the quality of life. And by that, I mean, have a strict regulation.
Not that you're going to do it and that you're going to work with the administration. Its either you have new
equipment and you give us the hours of operation, that you don't bother business or people or you don't
work in the City of Miami. My proposal — and its up to the Commission — I think that the will of this
Commission is probably not to have exclusive districts in the City of Miami. If that is the case, so be it
because I think the will of the Commission — the Commission has wisdom and has heard the people of
Miami. But I really think that, as we leave here tonight, we should vote on some kind of system to ask those
companies, specifically, what can they do in terms of equipment, times, hours of operation, rates, estimated
rates, long term and short term, for the customers in the City. Because I'm not going to sit here and I'm not
going to vote for any fifty dollars ($50) fee because that will be another tax for the citizens and the residents
of Miami.. So, I have some amendment legislation. You all received some proposals in your package but,
155 ' April 27, 1999
Mr. Chairman. whatever you
Chairman Plummer: All risht. Let's set all Commissioners on the record. Mr. Gort, next.
Vice Chairman Gort: Let me tell you. this workshops began six. seven months ago and 1 don't know if the
people in the industry recall. I started those workshops about four years ago in my office, which many of'
you are here today were not present. I mean, people — you were sending your employees and all that to
these workshops. We had some major problems that we discussed. I got you all together, with Sanitation
Department, to try to work out some of the problems we had; to try to coordinate the effort of the Cite and
the private hauler and, let me tell you, it never worked out. A lot of commitments were made that were
never complied with. And if you go through our neighborhoods, you can look at the cans that are there. you
can look at the way they look, and their services when the trash is being picked up. One of the bia�lest
problems we had in downtown Miami, that we needed coordinate your pick-up with our pick-up because
our City people come and pick up and clean up the City of Miami and the downtown area. Then here comes
the private haulers, do the pick-up and leave all the trash on the sidewalks. 1, personally, believe we really
need to do a lot of restrictions to this. I agree with Commissioner Regalado. I think we should -- and I'd like
to leave it open and see what they're going to come back with. My understanding is, 1 was looking at some
of the work you guys did in here in your workshop, where you created six different districts and the district
goes anywhere from 46 — 2300 to 980 accounts. My understanding is, you can look into this and if you
want to go into districts, I don't have any problems in going into districts because they would have to -- my
understanding is — and some of the — and I've been getting literature from everybody here and I've talked to
everyone in the industry. My understanding, there was some place in Boca Raton, when they went into the
— by district and they were able to save a million dollars ($1,000,000) for the people, for the customers.
Were able to save a million dollars ($1,000,000). Now, my question is, statements been made that franchise
has been done in other cities and has not saved any money. Do we have the — have we went into other cities
and looked into it and got response from them, where this had been applies?
Mr. Patterson: Yes, sir, we have.
Vice Chairman Gort: You have. And what was the feedback on that and which cities?
Mr. Patterson: We looked at the city of Tampa; we looked at Jacksonville, Palm Beach, Miramar, Miami
Beach, Dade County, and there's a few others that escape me. Wait just a minute, please.
Vice Chairman Gort: And in all of them, the prices went up or went down or stayed the same?
Chairman Plummer: Did you ask him about exclusive cities? Is that what you're talking about?
Vice Chairman Gort: Right. Exclusive franchises.
Mr. Patterson: City of Coral Gables. I didn't mention that. And what we did, of course, is made some
comparisons to what we're doing here versus what they're doing in their area
Chairman Plummer: Excuse me. He asked a question. We don't need editorializing. Answer the man's
question.
Mr. Patterson: What's the question, Commissioner?
Vice Chairman Gort: The question is, cities — my understanding is — I have two different reports. One
company stated that one city saved a million. dollars ($1,000,000) by doing franchises, exclusive franchises.
156 April 27, 1999
Another comment Has made by somebody else in the industry saying. when they made franchise. it was a
lot higher. The cost went up in those cities. And what I want to know. if the staff did the research %% ith this
franchise. exclusive franchise, were implemented in other cities. what was the results in those cities"
Mr. Patterson: In some of the cities — I would have to answer that question this way because we had to
compare to what they were doing versus what they went to. And, in some cases, they say they saved mone% .
In some cases they did not.
Vice Chairman Gort: Thank you.
Chairman Plummer: "Comore ci, comme ca." Commissioner Teele.
Vice Chairman Gort: Wait a minute. Let me finish. -
Chairman Plummer: I'm sorry. I thought you were finished.
Vice Chairman Gort: No, no I'm not finished.
Chairman Plummer: All right.
Vice Chairman Gort: My understanding is, in trying to be fair to everyone, I think you can create six
districts in here — and those are your own numbers. And I don't know what the average of the industry is or
what's the profit margin or break even margin that they need, but you can break this district — where you
have 4623, you can break them to 3500 in each of the districts. Then create us a sixth district that will not
go up to 3500 but it will go up to 2667 and that you might give an opportunity to the private haulers. I don't
know what the break even point is on the business because I don't know the industry that well but that's
something I think staff can look into it.
Chairman Plummer: Are you finished?
Vice Chairman Gort: Yes.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman and colleagues, you know, in government
the easiest solution is to do nothing solution and I really do think that we need to struggle today to do
nothing. Because as I hear the discussion — I mean, I do hear us going in some different directions. 1, too,
want to commend the industry for coming together and participating in the workshops, and 1 also
particularly commend Republic for bringing forward a concept that clearly got everybody's attention and got
everybody — got all oars moving in the same direction at the same time and there is something almost
prophetic about a company that's willing to go against the tide and to stand out and 1 certainly want to say
that my vote today against the exclusive districts, if it comes to a vote on that — although, I do think there
may be unanimity or some near unanimity in not having exclusive districts — is really because we've been in
.this system so long and while I- have some .favor toward exclusive district some, primarily based on
economic reasons, I think we're too long into this — were too — if this were a new City, if this were — what's
that City everybody's moving to, Bobby, up there in- Broward? If this were Weston, if the Weston
Commissioners hear me, they should consider this kind of approach. But we've got companies that have .
been here 40 years, 30 years. You know, when Frank Kreutzer comes up and started speaking, you know
you're dealing with old Miami and we really have to respect those companies that have been here. So, what
we want to do, as far as I'm concerned, is first do no damage, do no harm, and let's make sure that everybody
157 April 27, 1999
can compete. everybody can stay into this. Contran_ - to what. at least one of -- two of m- col leagues ha% e
said._I think we need to start out with the beginning. And: Tomas. you know. specificall. I have tremendous
admiration for you and your advocacy, but we start out with a department that is in the deficit even year
twelve million dollars ($12.000,000). Is that — I don't want to overstate this or misstate it. Khat's the deficit
for Solid Waste? Where's the Budget Director?
Mr. Patterson: It was stated by the previous Budget Director of fourteen million. I don't know that number.
Commissioner Teele: Well, maybe we'll get a different number now. But we need to — I mean, the public
needs to understand that this is really not about trying to pass a tax or raise revenues. This is really about
just trying to balance the budget. This is really about trying to provide the service to the citizens. the quality
of life, and not have one group of citizens subsidize another. What is the approximate budget deficit of
Solid Waste, Mr. Director?
Mr. Luis Brennan (Assistant Director, Management & Budget): Mr. Brennan. It's — I think it's between 12
and 14. 1 cannot give you a definite figure now.
Commissioner Teele: All right. Twelve to fourteen million dollars. And that's...
Chairman Plummer: Excuse me. Excuse me. Sir, if you don't know the answer — two million dollars
($2,000,000) is still a lot of money to me. If you don't know the answer, I wish you would tell the
Commissioner you don't know. But to tell me it's between 12 and 14 is a two million dollar ($2,000,000)
gap.
Commissioner Teele: Well, it's over ten million dollars ($10,000,000).
Chairman Plummer: That's a lot of money to me.
Mr. Brennan: Well, what 1 would say, that I will do a research and that to come back to the Commission
and say what the exact amount is.
Commissioner Teele: J.L., the point...
Chairman Plummer: Thank you.
Commissioner Teele: And I appreciate your support with the staff on that. The point is this, this budget is
well -over ten million dollars ($10,000,000) in debt and the reason — one of the reasons, it depends on how
you want to construct this budget. This budget has got so many funny numbers in it, we're taking money,
J.L., that ought to be going to Public Works and cleaning out the storm water drainage. You know what I'm
talking about? Didn't we just find about 50 meters...
Chairman Plummer. Sir, we just found 50 parking meters in one of the storm drains up on 5th Avenue.
Couldn't believe it.
Commissioner Teele: And that's money which is a part of your water bill, J.L.
Chairman Plummer: That's what I want to talk about.
Commissioner Teele: That the City, in a different era at a different time, took the storm water utility money,
which is about a million and a half or so, and we just dumped it into Solid Waste to try to reduce the deficit.
158 April 27, 1999
If you back those numbers out. this thing goes up to almost fifteen million dollars ($15.000.000). 1 said all
of that to sav this. Commissioners. we do have to look at the budget of this. We went out -- we want to hire
employees to — and I supported you. Tomas. in hiring these kids to go out and clean the streets. But at some
point it cost money. You've got to pay these people. Now, we've got a problem with our system. The
system right now is what is called an open entry system in which we don't have franchises at all. Moyina to
a franchise system, just moving from doing nothing today — we have an open entry system right now. which
is a — basically a permit system. Moving from a permit system to a franchise system and possible moving_ to
an exclusive franchise system, which I'm not talking about, but I'm trying to show you these different steps.
is going to mean something, OK. Now, let me tell you the difference. If we give these fine gentlemen and
ladies that are in this business a franchise system. as the Manager is recommending. and we�give them -- 1
think, Waste said seven years. I think. Luciano, you said five — OK. Right now they all have a one -- they
have a month to month system in effect. They all have one year, month to month. If you give them five.
seven years, you've just put thirty, forty million dollars ($40,000,000) in all those boys' pockets.
Chairman Plummer: That's it.
Commissioner Teele: OK. I'm going to break the Code for you, Mr. Goenaga. Now, this is the reason why.
Because you go out here, you get a guy, a woman who has a business; you take this existing system, which
sounds like a permit system now; you make it a franchise, you've created value. Every accountant will tell
you, you can now amortize that. So, why should we be as stupid as Dade County is with the taxi business?
Why should we give these guys a fifty-five dollar ($55) permit that they can turn around and sell for ten
million dollars ($10,000,000) or five million or one million dollars ($1,000,000)? You see? So, it's not as
simple as the way it's been presented and that's why Mr. Goenaga was right. When these guys are all
smiling saying the same thing, you know. And it's not that they're doing anything wrong. It don't mean, at
all, to impugn you. You're being good business people. We've got to be good business people for the City
of Miami.
Chairman Plummer: Absolutely.
Commissioner Teele: And, so, the point is this, I strongly believe that the finance office, Ms. Wheatherall
(sic) should have provided us with a little bit of input on this. I have no idea but how long is the machinery
and equipment depreciation now for tax purposes, seven years, five years, eight years? Eight years? Waste
management is saying eight. I'll agree to seven, eight.
Ms. Julie Weatherholtz (Director, Finance): Honestly, I couldn't tell you since we don't — we're not
involved with tax...
Chairman Plummer: Thank you for being honest.
Commissioner Teele: But it's about seven to eight years. So, my vantage point is, I would go two steps
further than the Manager's going. I would propose a seven year permit. A seven year franchise. Is there
any disagreement from all industries? Luciano, you're all right with that? BFI, you're all tight with that?
It's going from five — now they've just got more money. Because, you see, the potential here is, you go out -
here, you get a lot of business and then you find a company like whoever and you sell them the business and
they — you know, they've got all that on their books. Now, what are we getting for that?
Commissioner Regalado: It's like a cable system.
Commissioner Teele: It's like a cable system. But what are we getting for that? We're getting nothing. So,
you've got to have a franchise fee associated with that. They get to depreciate that from their books. They
159 April 27, 1999
don't have to pass that on to their customers. is that right. Mr. Adwoods or Mr. Waste? Do you szet it)
depreciate a franchise fee? Do you get to depreciate a...
Mr. Ralph Velocci: We depreciate the equipment and the facility. We don't depreciate the fees.
Chairman Plummer: Sir, if you're going to speak. I would ask you come to the microphone to respond to hi:
questions. And, for the record, your name?
Mr. Ralph Velocci: Ralph Velocci, Regional Vice President for Waste Management...
Chairman Plummer: OK. Now, if...
Mr. Velocci: ...2521 Northwest 1 Oth Court.
Chairman Plummer: ...you would answer his question, please.
Mr. Velocci: On the equipment, we depreciate it. We depreciate our facilities.
Commissioner Teele: Over how many years?
Mr. Velocci: Eight years on certain trucks. Ten years on other trucks.
Commissioner Teele: Is it to your advantage or is it to the industry's advantage, sir, to have a franchise
system or a system that goes for seven to eight years as opposed to three to five years based upon -- is that
an incentive for you to buy better and newer equipment?
Mr. Velocci: Yes. Because we depreciate our equipment over that term.
Commissioner Teele: Luciano, is that — could you just come up and respond? , And anyone else from the
industry, if you don't agree -- Frank, if you don't agree, please weigh in. but I'm just trying to get these guys
on the record on this thing because there's been some concern about — from my colleagues saving, "well, we
thought we were going to get a better product and a better service to the people." And what I'm trying to say
is, the way to get a better service is to give you -a five/seven year kind of franchise. That gives you an
economic incentive to go out and buy better equipment, is that not correct? And if it's not correct, Luciano,
please...
Mr. Isla: That's correct, Commissioner Teele.
Commissioner Teele: So, there's no disagreement on that. Now, on the franchise fee itself, we can disagree
on that personally. I think it ought to be two hundred and fifty thousand or so over the seven year period or
over the 10 year period, but would ten thousand dollars ($10,000) be excessive?
Mr. Isla: No, a year.
Commissioner Teele: Ten thousand dollars ($10,000) a year. So, it would be a seventy thousand dollar
($70,000) franchise fee. Is BFI here on this? BFI, could we hear from you all on some of this? Or could I
hear from you? Because what I'm trying to get my colleagues and the public to really focus in on the fact is
all dollars don't'go directly back to. There are ways to get efficiencies. There are ways to get tax credits in
this -process, but doing what we're doing now, we're — you're not benefiting and we're not benefiting. Is that
a fair statement?
160 April27, 1999
Mr. Adam Matthews: Yes. My name is Adam Matthews. I'm with-BFI. District Vice President with BFI.
Let me answer some of that. If I can. all of that. Yes, as everyone has stated. we would certainl\ depreciate
our equipment over that period of time. I think the concern — and. certainly, we would have a vested
interest to that prolonged franchise agreement. The concern I would have is. you discuss franchise fees and
I don't know if we're prepared at this point to concede to certain amounts. But my concern is, that still
reflects the cost of doing business. And I think we've all heard again that you don't want to pass along
certain expenses to our customers. So, with respect to that, I think we can agree on the equipment issue, on
how that has value to us during a prolonged period of time. To agree on franchise fees, 1 have some
hesitation to agree on that issue.
Chairman Plummer: Would you allow us to audit your books to get a percentage of your gross from City
customers?
Mr. Matthews: We do that now.
Commissioner Teele: You get 20 percent. Do you do business on Miami Beach?
Mr. Matthews: Certainly.
Commissioner Teele: Do they have a permit fee per account?
Mr. Matthews: There is a franchise, a non-exclusive franchise.
Commissioner Teele: No. Is there a permit fee?
Mr. Matthews: Yeah. May be semantics but there is a requirement, licensing requirement.
Commissioner Teele: And that's about what, fifty dollars ($50) per account?
Mr. Velocci: No, it's not per account, per a year.
Mr. Matthews: Fixed amount.
Mr. Velocci: It's a fee for — it's a fixed amount for us to do business there and then there's a fee and I think
the fee is — 1 want to say 12 percent but I'm not sure. Fourteen percent on the revenues, and that we — it's
like a tax does.
Commissioner Teele: My only point to my colleagues would be the following: The easiest thing to do is to
do nothing. The worst thing we can do is to something that benefits the industry that doesn't benefit the
citizens of this City. So, if we're going to have a franchise system of five to seven to eight years, as far as
I'm concerned, because what isn't being said is, we're only talking about the depreciation of equipment..
What isn't being said is just like in New York City; just like in Miami, the day you create a franchise system
and give them five/seven years, you've just created a whole new economy and those guys can sell those
permits now to somebody else coming in and to give them that for nothing, in my judgment, would be —1'd
rather stay with what we have now. I'm going to be very candid with you: I mean, if we can't agree on at
least a ten thousand, twenty-five thousand dollar ($25,000) kind of — a year — that would be payable over a
year, you'd figure it out. If it's seven years, you'd say seven times ten is seventy.
Chairman Plummer: Millions of dollars.
161 April 27, 1999
Commissioner Teele: Huh?
Chairman Plummer: You're talking about they're going to make millions of dollars and we're =oing to settle
for twenty-five thousand?
Commissioner Teele: Potentially. But the vast majority of them are not going to make that money. The
vast majority of them are going to stay in this business and continue to operate. and there's only :oink_ to be
a value created when they sell that franchise or they sell that agreement to somebody coming into the market
or someone interested in assuming their market. So, the fact of the matter is. it's not like these guys are
going to all go away like big fat rats. I mean, the fact of the matter is, thev're going to have something on
their books and they're going to value that franchise and that franchise is going to be an asset on their books.
which they can borrow against or whatever, whatever, whatever. My point is simply this. I would rather do
nothing and leave the system like it is than accede to the Manager's recommendation of a three to five years.
which is really not long enough to get the tax advantages of buying new equipment, which needs to be seven
to eight years, which we have all agreed on. But with that, I think there's got to be a fee associated with the
franchise, whether it be twenty-five thousand, ten thousand, fifteen thousand or whatever is the number. 1
mean, and that's sort of where we are. And, in addition, I think there has to be a permit -- a per permit fee
bases in terms of just giving us the ability to have control over people doing business in the City of Miami.
That's the missing link right now, which we all agree on. If you don't issue each customer a permit, you're
going to have going on out there in the industry what's going on now. And the NET (Neighborhood
Enhancement Team) offices have no ability to be able to look at a list and they need that. Mr. Manager.
don't you agree? You all need.a permit system to be able to do enforcement.
Mr. Martinez: That's correct, Commissioner. Right now we don't have data base as to who services what
account.
Chairman Plummer: That's for sure. OK. Ms. Canton, would you like to speak before 1 make my
comments or would you like to speak after I make any comments?
Ms. Canton: After.
Chairman Plummer: Afterwards, OK. Gentlemen, please have a.seat, be comfortable, so you don't collapse
when I make my...
Commissioner Teele: Mr. Chairman, I did, in. respect, ask Frank to come up, and I would like to just hear
any...
Chairman Plummer: Sir, without question. Mr. Kreutzer.
Mr. Kreutzer: Commissioner Teele, you mentioned. the taxicab industryfor Dade county and we don't to
make the same mistake here. You know I have some. the
about that because you and 1 dealt with that
for maybe 15 years in the County on various levels. But regarding this matter on garbage, a major
Component has been left out of your thought process and that rarely happens. 1 know it only happens
because you don't have the benefit of total input. The. two speakers you heard before me came from Waste
Management and came from BFI, which is two of the so-called Big 3. Republic is the third. In this City we
already pay, in effect, a 20 percent franchise fee. You collect that money.- You have the absolute ability to
audit our books, and you do, and you do so very successfully because you just picked up almost a half a
million dollars ($500.000) on a great re -audit of some people that had some problems about how they had
theirs books exacted to. Nothing was hidden or underhanded. Was a matter of determining whether this
location is in the City or not in the City. The problem is, you have Big 3 of Waste Management, BFI, and
162 April 27, 1999
Republic, and then you have everyone else. I'm. in effect. in the "everyone else" category. So. %\hen you
come forward —1'm one of the many. 1 represent one specific company. General Hauling. which happens to
be the largest of the leftovers, if you will. So. the reality is that when you talk about a rwo hundred and fift.
thousand dollar ($250,000) franchise fee. whether it's over five years, seven years. or ten years. that does not
take into consideration or relation the number of accounts that each hauler services. So, it's our vie\\. if you
do it that way and charge you franchise fee, based upon the number of accounts that you have. that you have
absolute fundamental fairness to everyone and anyone, and that's something that we favor. But if you
decide, in advance, to be a player, you must have a check book of a hundred thousand dollars ($100.000) or
a million dollars ($1,000,000) or you zan't play in the game, you effectively remove the current people --
most of the current people and, in my opinion, you'll remove probably at least eight or nine of the existing
grouping that are here because each of us has a niche. Some have very big niches. and those are the three
companies that I named. General Hauling then comes in as number four but let me tell vou, it's like going
from the major leagues to the class "C" leagues in terms of total accounts, not necessarily service. Talking
about total accounts so that there has to be some relationship between the franchise fee and the number of
accounts that you have, and your current system is perfect. Because the number of accounts that vou have.
that's what you pay for. So, maybe the correct answer is to raise that number from 20 percent to 25 or to 30
percent.
Chairman Plummer: Forty, fifty.
Mr. Kreutzer: Well, I — and maybe, if the issue is to raise money. But I want to address, if I may — and it's
part of the answer to what you raised. When Commissioner Gort says, "I'm appalled at what I see
overflowing from these containers." We are too in the industry. It's in our best interest...
Vice Chairman Gort: Since it opened up to me, can I ask you a question now?
Mr. Kreutzer: It's in our best interest to have more containers and bigger containers because that's what we
charge for. So, we would like to have that and we made a recommendation to the City, that I hope that
they're going to adopt, and that's the — when we noticed there's a problem, that the City will then inform the
customer, you need a bigger container. You need a second container. It's in our best interest for quality of
life issues. So, we're prepared to go forward. My company has been here for more than 50 years. Our yard
is in this City of Miami. We want to stay. But if you say the amount is two hundred and fifty thousand
dollars ($250,000), we're out of business because we don't have the total number of accounts to justify that
if you can't pass it on, and we're not looking for automatic pass -on. And we've been here 50 years, give
good service. The Big 3, Waste Management. BFI and Republic are, in effect, dominating this market but
there are 10 or 12 other people around and you need us around for the day, for the day that you don't get
what you want out of the conglomerates, and we learned that after the hurricane in Dade County, when the
Jitneys and the taxicabs came forward to save it and we're not looking for it to be bought out. We're looking
to make this system work. Thank you.
Chairman Plummer: Thank you.
Commissioner Teele: Mr. Chairman?
Commissioner Teele: Frank, on the basic point — and I agree with everything that you're saying, I think. If
you're saying, you do understand that we would look like fools if we go to a franchise system and we don't
charge — you're — what I think I heard you say is, you don't mind paying the franchise fee but it should be
based on accounts and not just based on a...
Mr. Kreutzer: Correct.
163 April 27, 1999
Commissioner Teele: So. we're savins the 'same thing. that to go to a franchise system. we. the Commission.
have an obligation to look out for the citizens and. that is. we need to charge something for that franchise.
Now, how- we get there is another issue. The only time I mentioned the two -fifty was. 1 felt that the
two -fifty was the right number per year if you went to an exclusive system. I am totally revisited that
position and I'm not supporting a two -fifty or anywhere like that in this kind. And I take to heart your
recommendations that maybe it ought to be based on a tier that is based on the number of accounts. But I'm
not in favor of increasing from 20 percent to 21 percent, the amount, because that is going to duo directly
back to the...
Commissioner Sanchez: Consumer
Commissioner Teele: ...consumer.
Chairman Plummer: OK. I guess I have my opportunity to make my comments. - I've been a good boy. It's
strange to me to hear some of the companies, without mentioning names, who get up and speak against
exclusive franchising when they, themselves, have exclusive franchise in other cities. I don't how you do
that. You know, either it's right or it's wrong.
Unidentified Speaker: I think it's called double standard.
Chairman Plummer: Double standards, OK, if that's what you want to call it. You know, we have to almost
use the joke. When I asked a man what bank he is with downtown and he said, "You know the one that has
the sign with Velcro." Meaning, that they're selling oui faster and being taken over by all of the other
companies. As I drive around this City and I look at the name on a dumpster and 1 ask the administration
how much we got from them? Oh, no, they've been bought by ' X." And I say, well, what about this one?
No, they were bought out by "Y." And what about this one? Well, "X" got that one also. And, you know,
that's what they're really looking for. I read the matters put forth by the administration and they made some
very good points, but I don't think went anywhere near enough and 1 made my thoughts very, very
well-known and.I don't know why -- maybe I'm crazy — that they didn't incorporate any of those into the
recommendations. For example, the hours of operation. There's not a Commissioner's office up here that
doesn't catch hell everyday. That truck was at my back door at 5:30 this morning banging away and making
noise. No recommendation from the administration about the hours of operation. We asked them to look
into fencing around the dumpsters. They're horrible looking things. Now, they've gone to the point of being
advertising journals for the company they represent, and I don't think we want. to stand out there and look at
the dumpsters. Overload. I asked them to incorporate that there would be fines if, in fact, the overload and
continuous overflowing onto the grounds and onto the streets. I asked about how many were in the City of
Miami? You know me. Hey, why not do business with those who do business with you? And why not
limit it to the people who have businesses in the City of Miami? I mean, I don't see anything wrong with
that. I've got to tell you. They're the ones paying our taxes. They're the ones who should be the ultimate
recipients. I asked about the idea, as I got the idea from the City of Miami Beach, about the 40 yard — I
think that's the ' biggest one that they make — that the 40 yards, four times a year, would be put out at
different intersections; where people could go and get rid of their bulk. Would get rid of their bulk, trash,
and could do that in a manner and, of course, that the companies would have to provide the thing and they
would have to provide without any cost to the City. None of these things were incorporated in the City — in
the Administration's recommendations. 1, personally, only look at this one way. If we don't do anything,
we've wasted a lot of time and we've spinned a lot of wheels. I have no problem going out with either an
RFP or an RFQ. I'm not saying that a proposal would come back that would be acceptable to me but it
could be. I saw from one of the companies — I don't remember which. -I think it was probably Republic — in
which the City of Tequesta — I guess that's in Broward County. The City of Tequesta got a 31 percent
164 April 27, 1999
reduction in the cost of the rates that they were paying presently under a five or seven year franchise. .and
let me tell you something. if I'm Mr. Condo down on Brickell Avenue and Company " XYZ" comes in and
offers me a 25 percent reduction, guaranteed rate for five years, less than what I'm paying today. 1 w ant to
know about it. But if we don't go to an RFP and we don't go to an RFQ, we will never know what is the hest
thing that we could have done for our -citizenry. We know here that we're going to be getting more money. I
don't really see a great deal, in my opinion, of the recommendations of the City that say that we're goingto
give better service to the people of our community. I don't see anything here saying. we're going to better
regulate the industry. And these are the kind of things that I think that, if we don't go to an RFQ or an RFP.
that we have got to determine -- because the one thing that started us off in this whole process was to better
serve the community. And, so, that is where I'm personally. I'm in favor of going out with a -- whether you
want an RFP or an RFQ. Let the industry come back and tell us, what can you do to better serve our
community, better pricing, and do a better job than it is presently being done today? So, that's my personal
opinion.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: That's precisely what I wanted from the beginning and I think that 1 sense that all
the members of the Commission — first of all, we don't want to leave things as it is. And I think that it's
important that the quality of life issue — this is why all — I remember many months ago, when we started
talking about the overflowing in the dumpsters and all that and this is why all this came about. This is not
about companies lobbying or anything, like some people may think. This is about quality of life. So 1, like
you, am willing to...
Chairman Plummer: Well, wait a minute. Excuse me. Hold it, hold it.
Commissioner Regalado: No, no, no. I'm just — I'm not going to do anything.
Chairman Plummer: Comments, but not a motion.
Commissioner Regalado: Just comments.
Chairman Plummer: OK.
Commissioner Regalado: I, like you, am willing to vote to start a process in terms of looking what they can
do for us but not only in the economic area but, like you say, quality of life, rates, long term and short term
rates. I know that we cannot control the rates in this society but we could — and other cities have done —
establish some kind of agreement with the companies in terms of the rates. Another question, Mr. City
Attorney, Alex said that we could limit the number of companies that would work in the City of Miami and,
is that correct?
Mr. George Wysong (Assistant City Attorney): That's correct, yes.
Commissioner Regalado: OK. I would think that we should limit the number of companies that could work
in the City of Miami because that way, like Commissioner Teele says, each company will have a permit in
the dumpsters and it will be a much faster and better system for the NET administrators and employees to
detect any violations, and I think it will be a more controllable environment. Whether or not we're going to
take this sixth district offer from the administration, that would be determined in the future but I think that
it's important that we know, but sooner than later, what — in terms of service, what we can get from this
16 April 27, 1999
company. So, this is my comment. Mr. Chairman. and I'm ready to vote.
Chairman Plummer: Before you do, please. Mr. Martinez has asked to be recognized. Raul
Mr. Martinez: Yeah. Thank, you, Commissioner. I just want to make sure the Commission understands that
the committee's first and foremost goal was quality of life in the neighborhoods, enhanced enforcement, and
enhanced services. The issue of the money was not even secondary. After we discussed a lot of the issues.
we said, how can we make more money for the City, if we can. And we always attempted to measure that
with trying to make sure, even though maybe impossible, that it doesn't get passed down to the customer.
That's how we try to look. Because we could -have come up with some unreal figures and we knrn% it's
going to be hard, no matter what attempt you make, whether you do franchise by districts, franchise not by
district or keep the current system. It's a difficult effort to — not to — for those dollars to be passed down.
Commissioner Plummer, on the questions that you asked about hours of operations, the fencing of the
dumpsters and the overloading, the reason we didn't address it, that is in the current ordinance right now.
Unfortunately, like I said before, we have teeth. We haven't bitten in many, many years. We're getting
ready to bite a lot of people in those issues. The issue of the 40-yard clean-up is here on the current
proposal. On the community clean-up is one thing that we discussed with the industry during the workshop
and they all agree. It's just to come up with a formula on how and they're going to do it. But l want to make
sure that the Commission understands that the Administration's position is to recommend franchise not by
district but if you choose franchise by district, that's what you wish, we're ready to go forward. Either six
districts or five districts or eight districts or 13 districts, we're here to do that as you all please.
Chairman Plummer: Let me make my point clear. I'm not saying go to five districts, 10 districts, 13 NET
office districts. I prefer the RFQ to allow the companies to come back in to us, at their expense, and tell us
what can they best do for the people of this community? If we go to an RFP, then you've got to get people
to write it; it costs money, blah, blah, blah. I wouldn't be opposed to it, but I prefer the RFQ. That let's each
individual company say, we would like to come in and make five districts or we'd like to make one district.
We would like to propose to the City that we'll pay "x" number — and we can hold their feet to the fire -- that
We'll pay "x" number of dollars per customer. We'll give four 40 yards four times a year. These are the
things they can proffer to the City, and that's the only way I know that we're going to find out what is the
best deal. OK. Ms. Canton, your last four minutes before I open it up for a motion from a Commissioner.
Ms. Canton: Thank you very much. Commissioners, I have not heard one comment from any one of you
that tells me that you basically disagree with the Manager's recommendation. Respectfully, I do not believe
that you need to go out for an RFQ to address the issues that have been brought up today. I think there's
been enough workshops that have brought those to the surface. You may want to go a step further but 1
don't think it's the RFQ that you're looking for. You may want to do something else to continue to address
the problems and hear from the haulers because I will tell you, as I listen to you, Commissioner Gort talked
about improvement needed; was a fairness issue; good business for the City of Miami is what he's looking
for. Commissioner Sanchez. Deficiencies who have been noted. He was frustrated. You know, he said
enough, enough. Let's get to the table and this is why we're here. Commissioner Regalado. He felt that he
wanted more code enforcement. A lot of the issues he's bringing up have to go do with Code Enforcement.
That is addressed in the Manager's recommendation and can certainly be dealt with issues as issues going
forward. Commissioner. Teele wants 'the City to be a better business player. That could also be done
because you're going to be entering into contractual agreements. You're not going to. do anything but
negotiate with the people sitting here. And, Commissioner Plummer, you're talking about, again, Code
Enforcement issues and you want to hear what it is that we can do for you. We can tell you what we can do
for you but not through the RFQ process. I think that is probably where we're disagreeing. Basically, with
all due respect, you have a win -win situation here because you have us here and you've brought us to the
table. This is a wake-up call for everybody that has been doing business with the City of Miami. And it's
166 April 27, 1999
also an invitation for people who have not been doing business with the City of Miami. xvho see this as an
opportunity. And the small haulers are right. They have to have a piece of the pie. Nothing that the
Manager is recommending is telling them that they can't. This Manager's recommendation does not exclude
putting controls in place to alleviate deficiencies. It does not exclude making haulers completel%
responsible for doing the job well. And you're dealing with contractual situations and you can put in
controls, you can put in penalties, you can put in consequences, you can fire people. if you don't like what's
been done up to this point, this is the opportunity, not through the RFQ process because that's not going to
do anything. It's just going to delay the whole thing and it's going to bring more of us here over and over
again. And if Mr. Goenaga talks about sharks and people making money, this is your opportunity for
stopping that, even though I, respectfully disagree, sir. I am not a shark and 1 really do believe, very
strongly, that the City is doing the right thing when it thinks of everybody. Thank you.
Chairman Plummer: Delaying would only leave you like you are, so I don't know why you're opposed to
that. Is there anyone else on discussion before I let Mr. Regalado make a motion? Mr. Regalado.
Commissioner Regalado: OK. Thank you, Mr. Chairman. I hear what Mikki has to say but I think that
leaving things how they have are not the way to legislate. So, my motion, Mr. Chairman, will be to go out
for an RFQ and, in 90 days, bring back all the responses from those companies who are doing business or
want to do business in the City of Miami, and limiting the number of companies that could do business in
Miami to 13 and the reason for that number because of the number of NETs in the City of Miami. Just a
number. Any member of the Commission could amend this motion if he wishes to do so. But I think it's
important that we set the 90 days period and then decide, at that time, which companies can operate in the
City of Miami according to the administration's recommendations and decide at that time if we want to do
by districts or citywide exclusive franchising. In that RFQ all the things mentioned by Commissioner Teele
and all the members of the Commission should be addressed, that is, the economic side but, of course,
mainly my — and this is my thinking — the quality of life issue. What can the companies do for the City in
terms of services and equipment. And I don't know if we should mention the fact that a seven-year
franchising should be included or that's not for now to be discussed.
Chairman Plummer: All right. There's a motion made by Commissioner Regalado. Is there a second?
Vice Chairman Gort: For discussion, I'll second the motion.
Chairman Plummer: Mr. Gort. Under discussion.
Vice Chairman Gort: Question. When you're talking about an RFQ, you mean each one of the individuals
— I'm not in agreement with 13. 1 think it should be open for everybody. If we're going to make
competition, let everybody come in. What we're saying is, we'll allow these individuals to come in and tell
us what they're going to do, what they're going to charge, how they're going to operate, what kind of
equipment they're going to — what hours of operations.
Commissioner Regalado: That's right, Commissioner.
Vice Chairman Gort: But were going to give them certain restrictions ourselves?
Commissioner Regalado: Right.
Vice Chairman Gort: Because, to me, hours of operation is very important too because I get a lot of calls.
Commissioner Regalado: That's what I said, Commissioner.
167 April 27, 1999
Vice Chairman Gort: OK.
Commissioner Regalado: Hours and operation and service.
Vice Chairman Gort: But I wouldn't have any problem if we leave it open and not limit it to 13. And %\e
can look at the -- when they come back with their response, we can look at them and then we can make a
decision then.
Chairman Plummer: Mr. Regalado. I can't vote for your motion, predicated on the number of haulers or a .
number of districts.
Vice Chairman Gort: I'm -asking him to amend it. —
Chairman Plummer: Oh, did he amend it?
Commissioner Regalado: I did not mention districts.
Chairman Plummer: All right. I wanted...
Commissioner Regalado: I mentioned haulers but I said that...
Chairman Plummer: No, no. I'm saying free wheeling, OK. I think we're going to find a lot of things in an
RFQ that, if it doesn't fly, then we're going to be able to negotiate into a franchise fee. They know a lot of
tricks'of the trade and one thing my father taught me, don't try to beat a man at his own game. And they're
going to come back and they're going to show you and expose to you some of the tricks of their game, and
maybe we might want to talk about that a little bit further about different things that we can incorporate. 1
would only want to understand — and I would think that it's only fair to put it on top of the table — if a
company chooses not to respond, would he be eligible if, in fact, they do not participate? 1 think we need to
put that on top of the table.
Commissioner Regalado: No, sir.
Chairman Plummer: If_Company A, B, C decides we don't want to respond to an RFQ...
Commissioner Regalado: Then he can't work.
Vice Chairman Gort: Then, that's it. They're not interested.
Chairman Plummer: So, that would indicate to me they're not interested.
Commissioner Regalado: You can't work.
Chairman Plummer: OK. You know, I think that that's — and you've removed the 13 districts?
Commissioner Regalado: Yes, sir.
Chairman Plummer: I have no — ninety days?
Commissioner Regalado: Ninety days, sir.
168 April 27, 1999
Chairman Plummer: All right. Wait a minute. Your hieroglyphics are not being understood. sir.
Mr. Isla: I'm sorry, Mr. Chairman. We are to target a seven-year then franchise so the companies can target
that.
Chairman Plummer: Sir, you can put into it — that's the beauty of an RFQ.
Vice Chairman Gort: You can put whatever you want.
Chairman Plummer: You want to suggest five years, seven years, 123 years, it's up to you. What you feel is
best. You know your equipment. Whether it's eight years to franchise or five years or whatever. No%%. Mr.
Regalado, are we going to have someone doing the evaluation? Who?
Commissioner Regalado: I think that Commissioner Sanchez had some idea.
Commissioner Sanchez: Commissioner Sanchez has a full plate.
Commissioner Regalado: No, no, no, no. You have some idea of creating — no, no, no. I'm not talking
about you. I'm talking — I heard that you have in mind a committee that will oversee the process. is that
correct?
Commissioner Sanchez: Well, sort of.
Commissioner Regalado: Oh, OK.
Commissioner Regalado: But I don't think — that committee, implemented the way you are suggesting, may
not play an adequate role... '
Chairman Plummer: OK. All right. We'll do such.
Commissioner Regalado: OK.
Commissioner Sanchez: So, I'll just go ahead and wait on it. If it's established in the way that I think it's
acceptable to all of us, then this advisory committee will come in but it won't generate how we're going to
do it. It will just oversee the...
Commissioner Regalado: Oh, OK. No. Then I misunderstood the role of the committee. My idea, Mr.
Chairman, is to have the administration — somebody from the Solid Waste Department, the Finance
Department, the Budget Department and the Administration...
Chairman Plummer. Well, please. One thing I would want is outside, independent, but outside industry
experts. Because I don't Imow... -.
Vice Chairman Gort: They're all here.
Chairman Plummer: No. Mr. Goenaga is not an expert.
Vice Chairman Gort: You got a volunteer there.
169 April 27, 1999
Chairman Plummer: No. that's all right. All right. Mr. Cite_ Attorney has questions.
Mr. Vilarello: In trying to understand the motion...
Unidentified Speaker: May we ask a question?
Commissioner Regalado: The motion is request for...
Mr. Vilarello: It's a request for qualifications; however, the conditions that _you've placed on it make it
appear very much like a request for proposals. You can't...
Chairman Plummer: OK. We're saying a free wheeling, so it's not an RFQ. .What do you call it then?
We're asking them to come in and tell us what they can do for the City. So, what do you call that?
Mr. Vilarello: Then my suggestion would be -to have...
Commissioner Regalado: The will of the Commission — Mr. City Attorney?
Mr. Vilarello: Oh, I'm sorry.
Commissioner Regalado: The will of the Commission was to first eliminate the 13 districts —1 mean the 13
companies limit, although you have told me that we could limit, eventually, the number of companies that
work in the City. But it is the will of the Commission that anybody can participate in this process. That is
eliminated. It's no number of certain company. It's any company. The ninety days, 1 think, is a must. The
members of the committee will be chosen by the administration but with outside — independent outside
help, as Chairman Plummer has said. And, after that, it would be up to that committee and the City
Commission to decide. I think that the 90-day period is, for me, it's important because it shows that we are
trying to move forward in this process and...
Chairman Plummer: I'd like it to be less.
Commissioner Regalado: Wellj mean, 60 be fine with me. I don't know.
Chairman Plummer: How about the 4th of July?
Commissioner Regalado: OK, 60 days. I think any company will, in 60 days, have the possibility of
offering the City. So, I am changing the motion...,
Chairman Plummer: OK. Motion is understood.
Mr. Vilarello: OK. Well...
Chairman Plummer: It's not.
Mr. Vilarello: No, it's understood but I think if you're calling it a request for qualifications, I think...
Chairman Plummer: Call it what you may? What do you want to call it?
Mr. Vilarello: It should be an advisory committee which gathers information and then makes a
recommendation to the City Commission.
170 April 27, 1999
Chairman Plummer: It's not an advison- committee.
Commissioner Regalado: No, sir.
Vice Chairman Gort: The advisory committee is going to be the administration. They're going to receive all
of the...
Chairman Plummer: That's fine. They're going to receive all of the...
Vice Chairman Gort: Let me tell you what it is. My company is going to tell me how much we're going, to
charge; how many years I need.
Chairman Plummer: That's right.
Vice Chairman Gort: What services I'm going to provide.
Chairman Plummer: That's it.
Vice Chairman Gort: What kind of equipment I'm going to have. What I'm going to do to avoid the
problems of people opening the. bins and overflow the bins and that type of thing. That's what we want.
They know it. They know better than we do.
Mr. Vilarello: And then make a presentation to the administration, which then make...
Chairman Plummer: Wait a minute. Let's simplify this.
Vice Chairman Gort: The hours of operation and so on.
Chairman Plummer: Let's simplify this. We're going to call this Trash Haulers Proposals. OK? No, no.
that's what we're going to call it, all right. Trash Haulers Proposals. Does everybody understand that one? I
do. All right. Now, deadline of your proposals is the fourth day of July at noon, high noon, OK. Then...
Vice Chairman Gort: We're closed.
Commissioner Teele: It's,closed.
Commissioner Regalado: Yeah. But we're closed.
Chairman Plummer: What?
Vice Chairman Gort: We're closed. -
Chairman Plummer: All right. July the third.
Vice Chairman Gort: The fifth.
Chairman Plummer: July the Sth. What? I don't give a damn. Which one do you want? July the 5th, all
right, at high noon.
171 April 27, 1999
Commissioner Sanchez: J.L?
Chairman Plummer: All right. Now. then- I would ask: the Cit. Manager. administration. with the
permission of the council, that you come back at our next Commission meeting. give us recommendations...
Commissioner Sanchez: J.L., J.L.?
Chairman Plummer: Wait a minute. ...and names of people who can serve as a recommending board. Oh.
What I mean by that is do the evaluation and analysis.
Commissioner Sanchez: J.L.?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: J.L., this is why the City is so screwed up. This is why this City is so screwed up.
Chairman Plummer: All right, sir.
Commissioner Teele: J.L., J.L.?
Commissioner Sanchez: We create — what is this, a committee proposal — you know, put a...
Commissioner Teele: Commissioner, let me put it a different way.
Chairman Plummer: All right, sir, unscrew the City.
Commissioner Teele: No. You're drafting_a lawsuit now. You know, and the problem that I have really
with — I get so frustrated with -the City Attorney because he's such a nice human being. Instead of him
saying, "Guys, you know, all you're getting ready to do now is draft a lawsuit." The thing would be
unenforceable if 1, as a business owner, don't submit — you know, contrary to what we're all up here rah
rah'ing and — you know, this is sort of like, you know, guys getting themselves all excited and talking about
what we're going to go out and do now. Look, gentlemen, if 1 don't submit, there ain't nothing you can do
with me because, number one, you haven't had a standard. There's no ordinance. I mean — and if you think
— you know, these guys can write anything they want to write on a piece of paper. It doesn't affect anybody
who hasn't submitted because they've got a right to be here and you can't write them out because you had an
RFP that doesn't say, if you don't submit, dah, dah, dah. And if you write an RFP the way you're saying, a
free wheeling thing, it's going to be unenforceable. How can you agree on a seven-year agreement franchise
or a five-year franchise...
Chairman Plummer: Very simply, by a contract.
Commissioner Teele: ...if you don't have — J.L., let me tell you something. All you're drafting now is a
lawsuit.
Commissioner Sanchez: A lawsuit.
Commissioner Teele: That's all you're drafting. You cannot run the government — well, J.L., I will support
anything the majority supports but the thing I think we're doing, very unfair, before we get ourselves all riled
up on this thing, let's just ask the industry, each one of them, do you understand this? Do you support it?
Luciano, I mean, you're...
172 April 27, 1999
Mr. AI Gonzalez: We do not understand it. Al Gonzalez...
Commissioner Sanchez: Nobody understands it.
Mr. Gonzalez: ...attorney with Adorno and Zeiter for Waste Management. There are no standards that have
been enunciated as to how we propose...
Vice Chairman Gort: I'll tell you. It's very simple, let's set up standards. OK.
Commissioner Regalado: Let's do it.
Vice Chairman Gort: RFQ. Let's set up standards. That's it. They want standards, we'll set up standards.
Commissioner Regalado: Let's do it, right way.
Vice Chairman Gott: Let's make it a request for proposals and you write in it the hours of operations: you
write in it the equipment that's going to be provided. And, please, I'm not an attorney so you help me if I'm
wrong on all this. You write what they're going to charge; what are they going to do for the community,
besides all the charges and so on. What else do you want to put in it?
Commissioner Sanchez: Me? I'm not voting for an RFP or an RFQ, so don't ask me.
Vice Chairman Gort: So, what do you want then?
Commissioner Teele: I'm out of -it. I mean, look...
Vice Chairman Gort: What do you guys want? What are the suggestions?
Commissioner Sanchez: Hey, listen, when I first brought this up, 1 was going to put on an RFP, OK. After
sitting down with everybody, sitting down with the City, I went with the recommendation. That's what I'm
going to do. I'm going to go with their recommendation. You know what, if we go to franchise district, who
the heck is,anybody up here to tell me who I can do business with?
Vice Chairman Gort: OK. We are going for franchise? What are the guidelines? The criteria, that's going -
to be the same thing that we're talking. Wait a minute. OK. We go into franchise. Open — OK. Open
franchise.
Commissioner Sanchez: Make it.
Vice Chairman Gort: OK. How do you do it?
Commissioner Sanchez: How am I going to do it?
Vice Chairman Gort: Yeah. What do you put in it? What restrictions you put into it?
Commissioner Sanchez: The first...
Vice Chairman Gort: You've got to put the same restrictions, don't you?
Commissioner Sanchez: You know who I look for? The City Attorney, who guides me. I'm a
173 April 27, 1999
Commissioner. I'm not an anornev. I'm not a lobbvist. I'm not a company owner.
Vice Chairman Gort: Let's drop the — will the maker of the motion drop the motion? Regalado. can \ou
drop the motion? The maker of the motion drop the motion.
Commissioner Regalado: I'm sorry?
Vice Chairman Gort: Will the maker of the motion retract his motion?
Commissioner Regalado: Yes.
Vice Chairman Gort: And I'll retract mine.
Commissioner Regalado: Yes.
Vice Chairman Gort: Tell us how we're going to go about in franchise. Open franchise...
Mr. Vilarello: Simply direct the Manager to prepare the necessary documents to create a franchise for an
RFP...
Vice Chairman Gort: OK. May I ask you to prepare the necessary documents for an RFP and 1 want to we want to see it before it go goes out and we want to make sure we put the right restrictions on it.
Mr. Vilarello: You can also give direction to the Manager that you either want one franchisee for the entire
City or you want franchisees based on a number of districts.
Vice Chairman Gort: No, no. From what I hear here, it's open to everybody but 1 want the guidelines and
the criteria and I want to make sure that we can include some more. OK. Who's making the motion?
Chairman Plummer: All right.,
Vice Chairman Gort: It's all vours.
Chairman Plummer: It's all mine. Isn't that nice? OK, everybody's thrown the hot potato to the left. Elena,
did you want to give words of wisdom?
Vice Chairman Gort: No, no. Come on, J.L.
Chairman Plummer: Excuse me. Did you...
Vice Chairman Gort: J.L., we've been here a whole hour now.
Chairman Plummer. All right.
Ms. Elena Carpenter: Thank you, Commissioner. The only reason I had jumped up was that you were
talking about an advisory committee that was going to be composed basically of City staff and this affects
Brickell condominium owners and a lot of...
Chairman Plummer: Of course. I said outsiders also.
174 April 27, 1999
Ms. Carpenter: ...large department dwellers that should be included in the committee it %'ou go that read.
Chairman Plummer: All right. Now. what I'm understanding is. we're going* to have proposals from an\
company that wishes to make a proposal?
Vice Chairman Gott: No, no. That was changed.
Chairman Plummer: That was changed. All right. So, inform me...
Vice Chairman Gott: We took -- the maker of the motion retracted and I retracted my second. We...
Chairman Plummer: All right. Then, for the record, maker of the motion, repeat it as brief as possible.
Vice Chairman Gott: No, no, there's no motion.
Chairman Plummer. There's no motion.
Vice Chairman Gott: The motion was taken out. The motion was taken out.
Commissioner Regalado: Commissioner Gott is trying now to make a motion.
Vice Chairman Gott: What we're trying to do now — I'm going to let...
Commissioner Sanchez: I have a motion.
Vice Chairman Gott: ...Sanchez make the motion, but I just want to make sure...
Commissioner Sanchez: A motion to accept the City's recommendation..
Chairman Plummer: All right.
Vice Chairman Gorr: Wait a minute. Hold it, hold it, hold it, hold it.
Chairman Plummer: All right. Hold it.
Vice Chairman Gott: Hold it.
Chairman Plummer: Well, wait a minute. Excuse me. There is a motion on the floor. Is there a second?
Commissioner Teele: Second.
Chairman Plummer. There is a second. OK. Now understand discussion.
Vice Chairman Gott: City recommendation, my understanding is, is to franchise open, OK.
Mr. Martinez: That's correct, sir.
Vice Chairman Gott: But you're going to come back with criteria and guidelines how those franchises are
going to operate and we're going to receive them way before and we're going to add and subtract from that?
175 April 27, 1999
Mr. Martinez: That is correct. Before....
Vice Chairman Gort: Just like an RFQ. Fine. no problem. It's the same thing.
Mr. Martinez: Before we have any agencv sign up, we'll take all the comments...
Vice Chairman Gort: Right. OK.
Mr. Martinez: ...of all the Commissioners, put it into the bodv of the franchise agreement...
Vice Chairman Gort: Right. OK.
Mr. Martinez: ..:and if the companies that want to sign up will be bound by the items that are listed in the
franchise agreement.
Commissioner Teele: Amendment to the motion.
Chairman Plummer: Amendment to the motion, a friendly amendment by Mr. Teele.
Commissioner Teele: Well, first of all. I would like for you all to come back in the next meeting with the
framework of what we're talking about, so we can -- you know, with the framework of what we're talking
about. Your motion -- your recommendations, which I support the motion on, includes a three to five vear
franchise. I would hope that the maker of the motion would agree to ask you to revisit that recommendation
in light of the public hearing today, after conferring with the Finance Director or an accountant, in terms of
what makes sense from an equipment enhancing point of view in terns of amortization because I think the
curative time is not long enough. Second amendment would be that your franchise, while it would be open.
would be closed at the end of the RFP awards. In other words, you would close it at the end of the RFP
awards. In other words, the difference between a franchise system and a permit system is a permit system
stays open. It would be open to anybody, as I understand it, that submits and is accepted. But at the end of
the submission process or upon the award of the permits, the permits would be for a finite period of time
and we would not be reopening those until the end of the permit.
Chairman Plummer: What about transfers?
Commissioner Teele: Transfers are a part of — you can't do that. That's — yes.
Vice Chairman Gort: That's part of the transaction. That's going to be part of the document.
Commissioner Teele: That's a part — that's a uniform commercial code transaction — transfers would be
acceptable and they would just require a ratification or approval.
Chairman.Plummer; In other words, if a company sold to two other companies outside of the franchise area,
then both of those companies would be allowed in?
Commissioner Teele: They couldn't — they only have one permit. They would only have one permit.
Chairman Plummer: But if one of the larger companies sells to two or three...
Commissioner Teele: They can't sell to two...
176 April 27, 1999
Chairman Plummer: ...little companies outside.
Commissioner Teele: J.L.°
Vice Chairman Gort: We control that.
Commissioner Teele: J.L., they can't sell one permit. I mean, how do you divide a permit?
Chairman Plummer: They sell to three different companies and they hold the master, all but 50 percent 51.
Commissioner Teele: J.L., there's...
Chairman Plummer: All right. I'm just asking the question.
Commissioner Teele: But I'm trying to explain that there's one permit.
Chairman Plummer: I don't want it to come up at a later time.
Commissioner Teele: It's like a medallion. You can't sell it. I mean, you can only sell it one time. This
pen, you can only sell it one time. But the fact of the matter is...
Chairman Plummer: I'd rather not sell it.
Commissioner Teele: ...it would be governed by, as the attorney will tell you, it would be a — as a permit, it
would be an item that would have value; it would be an asset on their books, and that's the way that works.
Chairman Plummer: OK.
Commissioner Teele: But transfers would be permitted with the approval of the Commission. Such
permits' approval would not be unreasonably withheld or whatever the right language is. And then, the
other issue is that you would revise — you would look at the discussion with Mr. Kreutzer that I had and the
others concerning a methodology for valuation of those -- of each permit or each franchise based upon,
among other things, the volume of business.
Chairman Plummer: Well, I'm unhappy that Mr. Regalado withdrew his motion because I still feel that the
only way we were going to know what was the best deal is to go out and ask, and I didn't see a thing wrong
with that. But let me understand, since obviously, that motion is off of the floor...
Vice Chairman Gort: J.L., let me try to explain it to you.
Chairman Plummer: No. Let me ask this question. Am 1 to assume now that the administration is going to
come back at the next Commission. meeting — you're going to take all of these things and put them together
and if a company wishes, after we have set the requirements and mandates, that if they wish to join and do
business in the City of Miami and abide by these guidelines that we have set, they can do so and, if not, they
will not.be allowed to do business in the City of Miami? Is that what we're saying?
Vice Chairman Gort: That's correct.
Chairman Plummer: OK.
177 April 27, 1999
Mr. Martinez: That is correct. Commissioner. the only exception is. by the next Commission %%e'II bnn;_ a
framework of what will comprise the overall franchise agreement.
Chairman Plummer: OK. I just — I think it's unfortunate we're not going to know the best deal we could
have gotten.
Vice Chairman Gort: J.L, the differences between what motion -- the original motion and this ne%% motion
is, we're going to give them the chance to come back and tell us what to do and how to do it. Nox . it's going=
to be a little different. We're going to tell them how they're going to do it and we have...
Chairman Plummer: OK.
Vice Chairman Gort: I'm telling you, this one guy, for sure, is going to do.a lot of research, is going to do a
lot of homework and I'm sure going to put a hell of a lot of criteria and guidelines in there, that's for sure.
And that's a promise and a commitment.
Chairman Plummer: Let's ask this question. Who's going to say...
Vice Chairman Gort: That's the difference.
Chairman Plummer: Who's going to say how many districts?
Vice Chairman Gort: It's not my district.
Commissioner Teele: There are no districts.
Commissioner Sanchez: There are no districts.
Chairman Plummer: Are we? No districts?
Commissioner Teele: No districts.
Chairman Plummer: Oh. Oh. Is this time out?
Vice Chairman Gort: Let's go. Let's vote on it. Call the question.
Chairman Plummer: OK. All right.
Commissioner Sanchez: Call the question.
Chairman Plummer: Listen is there any other comments that wish to be made? The administration, do you
understand what you're to do?
Mr. Martinez: Yes, sir. By the next Commission well bring a framework, if you all approve it, of what the
franchise — the final franchise agreement will look like, sir.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Yes, sir.
178 April 27, 1999
Commissioner Teele: The one thing that 1 think several people have said that's going to be missing_ Isere i:,.
we really need -- 1 mean. I'm fine with the committee that's been doing the work. being the panel or sonic
hvbrid of that, but we really need some outside people. No%%. the problem is this. 9-5 -- 99 percent of the
entire industry is right here through their tentacles. I mean. If we talk about hiring an accounting firm. \ ou
pick the name of the firm and they represent one of these guys or ladies here. We really do need -- and I
think we need to rely on Mr. Patterson.
Chairman Plummer: Fine.
Commissioner Teele: Maybe we need to get some municipalities or some experts but we need to try to
come up with two or three people that can be brought in to be a part of the evaluation process and, really. eve
need to bring them in now to help guide us through this process. And the problem is Qoing to be -- this is
such a small incestuous industry that it's going to be very difficult — for example, if you go ;tyet a Solid
Waste director in Tampa, he's probably...
Vice Chairman Gort: No connection.
Commissioner Teele: He's probably got business — no, but he's got a relationship because one of these
companies is working over in Tampa.
Chairman Plummer: Probably owns him.
Commissioner Teele: I wouldn't say that. Or her. So, I mean, I really do think that you all need to think
through on how we can get some outside people or consultants to assist us in this process.
Chairman Plummer: All right.
Commissioner Teele: Because the point, Commissioner Plummer, is, I think Commissioner Plummer has --
still has the right idea. And, Commissioner Plummer, with your indulgence, the one thing that I think would
be important is, in the RFP, to provide — J.L.? Just one minute.
Chairman Plummer: Go ahead.
Commissioner Teele: In the RFP...
Chairman Plummer: I have two ears. I hear both of vou.
Commissioner Teele: ...to provide a section that allows for any company to provide or to recommend, on
their own, any creative ideas or ideas to deal with the quality of life and that as a sort of an un — sort of a
part of this that's an unsolicited proposal concept. In other words, once they get in, they could also create
some unique ideas, and I think you're going to get some. I think J.L: s point should not get lost in all of this.
They do all have tricks up their sleeve.
Commissioner Regalado: That will be part of the proposal.
Commissioner Teele: And the way to get them to put it out is give them an incentive section of the proposal
to say, you can submit some innovations or some ideas that may make sense. I know that may disadvantage
the smaller companies to some extent, but I think Commissioner Plummees argument and point should not
get lost in this discussion. -
Commissioner Regalado: If I may?
179 April 27, 1999
Chairman Plummer: Any further -- Mr. Regalado
Commissioner Regalado: Well. I thought that it still will be a good idea to know what can the\ after" I
think it's the will of the Commission to go ahead and try to explore the administration idea. I just frankl\
think that what we're going to do is going to be the same as we're doing now. and we're not haying am- teeth.
We will not be able to make them comply. They're going to promise here that they're going to work with
the City and one year from now, you're going to see the same dumpsters; you're going to see the same
problems with the neighbors; we're not going to get the quality of life that we were seeking from the
beginning. So, I'll let you all -- with that thought. I bet you a dollar that one year from now. we're aoin�_ to
have the same problem that we are having now. But -- I mean. I'm — I want to go along -- I think that
something has to be done.
Vice Chairman Gort: Commissioner?
Commissioner Regalado: And what we're doing is some things. but Fs think that we do not have teeth .
and we would not have the ability to make the companies comply.
Vice Chairman Gort: Commissioner, I think that's part of it. When we get the framework. I think -- and.
please, I'm not an attorney so correct me if I'm wrong. We can put certain criteria. If those people do not
meet the criteria and the guidelines, they lose their franchise. I mean, if they don't keep up with what we
request, they're going to lose their franchise.
Chairman Plummer: There's got to be provisions written in.
Vice Chairman Gort: So, don't worry. They'll have to be provisions or their teeth will be there.
Chairman Plummer: There's got to be provisions written in for breach of contract.
Vice Chairman Gort: Call the question. z
Chairman Plummer: Absolutely.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: There is a motion on the table. Call the question.
Chairman Plummer: Question has been called. Mr. Clerk.
Commissioner Regalado: OK. What is the motion, amend it?
Chairman Plummer: . The motion is amended that the suppliers have the right to suggest to the
administration five days or 10 days — no, we're right on there. You better do it in a hurry, if you have
suggestions to the administration of what you feel would be helpful to incorporate. That was Mr. Teele's...
Commissioner Teele: No, no. My amendment was that the RFP itself would induce and afford for creative
ideas and practices that could be incorporated in their specific contract or in other agreements and that is
permissible, to induce...
180 April 27, 1999
Chairman Plummer: OK. Does that -- is even•bod\ -- I hope even -body.
Commissioner Teele: And the other amendment was that the Manager would return in the next meeting...
Mr. Vilarello: That's...
Chairman Plummer: You know, this is getting ridiculous. All right.
Mr. Vilarello: Commissioner Teele was addressing the issue... as I understood it, the Manager was to come
back with a framework of a franchise agreement for this City Commission to consider before we go
forward. We can incorporate the industries' comments, if they want to make recommendations to the
Manager. But my understanding was that we would come back to the City Commission, at its next meeting.
with, at least, a framework of a franchise agreement.
Commissioner Regalado: But can we amend that framework?
Mr. Vilarello: Absolutely. It is at your discretion.
Commissioner Teele: Yeah. That's why we're bringing it...
Commissioner Sanchez: That's the motion.
Commissioner Regalado: OK. But, but, but — whoa, whoa, whoa. Wait. How can we amend that? I mean.
how big can we amend that?
Vice Chairman Gort: As much as we want.
Commissioner Regalado: You're saying, Mr. City Attorney, we can amend that. Does mean changing?
Mr. Vilarello: Pardon me?
Commissioner Regalado: Does that mean,changing drastically, some of the concepts?
Mr. Vilarello: Absolutely. It has to be the will of this Commission to go forward.
Commissioner Regalado: All right.
Chairman Plummer: Boy, if anybody understands that...
Commissioner Sanchez: I do.
Chairman Plummer: ... God bless them. OK. The motion has been called. Mr. City Clerk.
[COMMENTS MADE DURING ROLL CALL] -
Chairman Plummer: You know, I want to vote no.
Commissioner Sanchez: Well, do it.
Chairman Plummer: I really want to vote no because I feel — but I still will have the opportunity at the next
Commission meeting. All right. And let me tell you something. I wouldn't be surprised, if then, we'll go
181 April 27, 1999
out to the RFP. I'll vote with the motion because it's obvious. regardless of which %va- I vote. it'> passed.
But I just...
Vice Chairman Gort: You'II get a chance when the framework gets back.
Chairman Plummer: OK. I'm going to get a second bite at the apple.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-296
A MOTION TO ACCEPT THE CITY MANAGER'S RECOMMENDATION
RELATED TO SOLID WASTE COMMERCIAL ACCONTS; FURTHER
DIRECTING THE MANAGER TO COME BACK AT THE NEXT MEETING
WITH A FRAMEWORK AND SPECIFIC GUIDELINES TO BE INCLUDED
IN THE BODY OF A PROPOSED FRANCHISE AGREEMENT WITH
WASTE HAULERS; FURTHER INSTRUCTING THE MANAGER TO
INCORPORATE THE INDUSTRY'S SUGGESTIONS REGARDING SAME.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: OK. I thank all of you for being here. We're running so far behind schedule. I'll ask
you to exit quietly.
Commissioner Sanchez: J.L., the resolution.
Chairman Plummer: What? Oh, I'm sorry. Mr. Sanchez wishes — wait a minute, guys. Hold on.
Commissioner Sanchez: Yes, sir. There's also a...
Chairman Plummer. Mr. Sanchez wishes to make a proposal.
Commissioner Sanchez: A proposal/resolution and, as you're aware, the workshops with the commercial
Solid Waste Management Industry has been conducted to study feasibility, commercial solid waste
franchise fee and, finally, any other working groups reveal that there is a need for improvement, regulation,
increasing compliance with the law. Therefore, I'm requesting the City Manager to draft an ordinance
which establishes a commercial solid waste management advisory committee for the purpose of advising on
issues related to solid waste within the City. If I could have the City attorney read the resolution.
182 April 27, 1999
Chairman Plummer: Mr. Cite Attorney. read the resolution. (Cite Attorney read the Resolution by title into
the public record.).
Commissioner Teele: Second the motion.
Chairman Plummer: OK. Motion understood? Call the roll.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-297
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY ATTORNEY TO DRAFT AN ORDINANCE WHICH ESTABLISHES A
COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY
COMMITTEE TO THE CITY OF MIAMI FOR THE PURPOSE OF
ADVISING ON ISSUES RELATED TO SOLID WASTE MANAGEMENT
WITHIN THE CITY; FURTHER SETTING FORTH ITS AUTHORITY AND
DUTIES, ESTABLISHING ITS MEMBERSHIP AND CRITERIA, AND
AUTHORIZING THE COMMERCIAL SOLID WASTE MANAGEMENT
ADVISORY COMMITTEE THROUGH THE CITY MANAGER TO
NEGOTIATE WITH COMMERCIAL SOLID. WASTE MANAGEMENT
HAULER PERMITEES TO PROVIDE FOR IN -KIND CONTRIBUTIONS
AND PROPORTION TO ITS SHARE OF THE VOLUME OF CITY-WIDE
BUSINESS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer. I asked the administration..:
Vice Chairman Gort: That committee should be...
Chairman Plummer: ... about a...
Vice Chairman Gort: That committee should be...
Chairman Plummer: ... part advisory committee. Where is it?
183 April 27, 1999
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: That committee should be chaired by one of the Commissioners and I sue_est. since
Mr. Sanchez has been doing all the work. that he could be chairing that committee.
Chairman Plummer: So appointed without objection. OK.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: In the different issues that each Commissioner has, I have an issue under several
people here I wish...
Chairman Plummer: Sir, we can jump over right now the appointments and come back to that and, if you
wish, and no Commissioner objects, I'll bring the Mayor's issue back later and we'll go first to Mr. Gort's --
has two issue. Mr. Gort.
Mr. Isla: Thank you very much members of the Commission and staff.
Chairman Plummer: Don't thank me yet.
'Vice Chairman Gort: Don't be so happy. You don't know what's going to come back, guys.
61. AUTHORIZE THE OPERATION (FOR FOUR WEEKS) OF A FLEA MARKET BY C.C.A.L.
CORPORATION AS TEMPORARY SPECIAL EVENTS, AT 1480 NORTHWEST NORTH RIVER
DRIVE. MIAMI, FLORIDA (MAHI SHRINE PROPERTY). SAID AUTHORIZATION CONTINGENT
UPON THE ORGANIZER PROHIBITING THE SALE OR PREPARATION OF ANY FISH PRODUCT
AT EACH EVENT..
Vice Chairman Gort: I have a resolution that the...
Chairman Plummer: Ladies and gentlemen, I ask, please, that you exit quietly. We've still got an awful lot
of work to do. Thank you. Mr. Gort.
Vice Chairman Gort: The District One, if you all recall, we removed the flea market from the Bobby
Maduro Stadium to the new location, which I will not have any complaints or any complaints from the
community; therefore, I move it. It's going to be on a month to month basis until they, we get - they get a
permit in site.
Chairman Plummer: Mr. Gort; there's no fish or other odor producing...?
Vice Chairman Gort:. No fish or other odor producing.
Chairman Plummer: Is there.a second?
184 April 27, 1999
Commissioner Regalado: Second.
Chairman Plummer: All in favor, say "ave."
The Commission (Collectively): Ave.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-298
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, MIAM1,
FLORIDA (MART SHRINE PROPERTY); SAID AUTHORIZATION
CONTINGENT UPON THE ORGANIZER PROHIBITING THE 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 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.
62. EXTEND BY 90 DAYS THE .EXISTENCE OF MIAMI CHARTER REVIEW AND REFORM
COMMITTEE.
Chairman Plummer: Mr. Gort, your second item.
Vice Chairman Gort: It's a resolution of the City of Miami...
Chairman Plummer. Excuse me. Again, if there's any private meetings needed to be held, outside the glass
doors is the appropriate place. Thank you. Mr. Gort.
Vice Chairman Gort: If you all recall, you gave a certain time limit to the committee to amend the Charter
Review Committee. You gave certain time to come back and to report to you all. We just finished our
public hearings last week and we need to ask for an additional extension to present to you the final
185 April 27, 1999
documents and. hopefully. we might be able to present it by the end of — by the second meeting in Mm .
Chairman Plummer: All right. Well: how much of an extension do you want`'
Vice Chairman Gort: Play it safe. I thought it was we requested 90 days.
Chairman Plummer: All right. Seconded by Regalado.
Commissioner Teele: Second the motion.
Chairman Plummer: All in favor say "aye."
The.Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-299
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE
CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE;
AMENDING RESOLUTION NO. 98-1218, AS AMENDED BY RESOLUTION
NO. 99-105, TO EXTEND BY NINETY DAYS THE EXISTENCE OF SAID
COMMITTEE AND ALL PERTINENT TIME LINES RELATED TO
REQUIRED MEETINGS AND ISSUANCE OF REPORTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr..
NAYS: None.
ABSENT: None.
Chairman Plummer: Mine, I'll. make very, very quick. The Coast Guard base to the administration. Let me
tell you something. If we .lose the opportunity to incorporate that piece of real estate into the City Park
System — I'm not talking about anything but parks, OK, whether it's passive or recreational —1 think I need
the comfort of knowing that the administration is doing everything humanly possible. I mean, knocking on
every congressional door to try and convince the people in Washington that that is nothing more than a
186 April 27, 1999
contiguous and a flow-throu_h from the water of the coast guard base, which was liven to the Cite: 10
convince them of what we're trying to do and going to do in the charette of the Dinner lie\ or the Virrick
Gym, and I'm merely saving to vou. Mr. Manager. God help us if we lose that parcel. 1 don't think -- I think
we need to do everything we can. Get in touch with our congressional people. Explain to them that it \%-ill
be used for park purposes only, OK?
Commissioner Teele: J.L?
Chairman Plummer: Mr. Teele.
Commissioner Teele: You know, I hear what you're saying, but I see what's happening to every park in this
City and 1 am not going to support this being made a part of the park. If this is just a subterfuge to get it for
development a year from now or two years from now. Any agreement that we have, we need to make an
agreement against ourselves and, that is, that it will be for a passive park use, no commercial, no nothing.
Chairman Plummer: It should be restricted.
Commissioner Teele: Well, J.L., all these parks should be restricted that way. 1 mean, we're turning this
City into, you know, a park-a-rama around here and I think some of us need to stand up now and start
fighting over these parks. It doesn't make sense for us to bring anymore land into the park structure, if this is
going to be a subterfuge for a development deal, a year from now or ten years from now. And, so. the only
thing that I'm saying is that, when the management starts negotiating, make sure you negotiate in the
agreement the fact that this will only be used for park, non commercial, and all of those Dan Paul
amendment kind of languages because the worse thing that could happen is that we go up there and
negotiate and, then, we read in "The Miami Herald" or in some newspaper that a developer's already got a
plan to turn this into, you know, a 48-story, high story, high-rise with a, you know, little bit of space for, you
know, the Seminole Indians or something.
Mr. Donald Warshaw (City Manager): Commissioner, we've already had some extensive discussions about
this. I'd like Dena to share them with you, put them on the record.
Ms. Dena Bianchino (Assistant City Manager): The Manager and I and staff met with representatives of the
Coast Guard on this very issue. We discussed with them the possibility of them turning the property over to
the City for public use. They, unfortunately, are tied by the McKenny Act, which ties into the Homeless
issue and they have to sell the property in order to get the necessary funding to pay the homeless. We're
certainly not opposed to trying to talk to them again and continue this but I want you to understand that we
have talked to them. They want money for this site and that's where they've been at. They're doing an
environmental review of the site right now. They have told us that they're going to go out for bid on this site
in about two months. They might put a caveat in the bid, that it has to be used for public purpose but if they
don't get any satisfactory bids, then they're just going to put it out for bid. However, Commissioner, we can
certainly, do what you said. We'll go to all the legislators, the senators...
Chairman Plummer. I think, if we don't go to our congressional people and make an all-out effort — because
they make the rules. They can make the changes, OK? And, you know, as far as Pm concerned, I think we
have got to do it and we better do it.
Ms. Bianchino: We can do it.
Chairman Plummer: OK. Mr. Manager, let me drop to the bottom issue. The bottom issue that 1 have is to
explore...
187 April 27, 1999
Mr. Bruce Reep: Public can't comment on?
Chairman Plummer: There's nothing to really to comment on.
Mr. Reep: There's some other avenues. like the City do passing a resolution. where the City has taken a step
forward where the Commissioners and the Mayor and everybody steps forward with not just a discussion
but where we publicly ask our administration and everybody saying, we want to step forward for this
property. We would put deed restrictions on this property, especially in light of the fact that it is part of the
same historical property of the old Coast Guard property.
Chairman Plummer: All right. All right. If you have some thoughts. I would appreciate you getting_
together with the administration.
Mr. Reep: I'll be glad to.
64. DISCUSSION CONCERNING THE POSSIBILITY OF MIAMI BECOMING ITS OWN COUNT'.
Chairman Plummer: Mr. Manager, my item that says consideration for the County of Miami. OK. I am
simply asking you to explore the pluses, the minuses. We notice that Hialeah is proposing or trying to do
such. Is it beneficial to this City? Is it detrimental to this City? We also see in the morning paper that. in
fact, the Governor has appointed a committee of 15 people to study the issue of new counties. All I'm
saying is that when this matter comes back. if this City Commission feels that it could be beneficial to us.
that I don't want to have to start running wild. Come back to this Commission in the next 60 or 90 days and
tell us what you think are the pluses and the minuses of whether or not we should consider it. We should
forget it. We should pursue it, and do some research for this Commission.
Mr. Donald Warshaw (City Manager): We will.
65. EMERGENCY ORDINANCE: APPROVE CREATION OF "NATOMA MANORS ROVING
SECURITY GUARD SPECIAL TAXING DISTRICT" FOR ROVING POLICE PATROL SERVICE.
Chairman Plummer: The other thing I have is a resolution on the Natoma.
Mr. Alejandro Vilarello (City Attorney): An ordinance.
Chairman -Plummer: OK. I'd like to present an ordinance. It's an emergency, is that what it is? Does
anybody have a problem with it? All right. I can't make the motion. Mr. Sanchez.
Vice Chairman Gorr: Move it.
Chaiirman Plummer. On Natoma Manor, to create a special policing district at their expense.
Commissioner Sanchez: Absolutely. Move.
Chairman Plummer: All right. Read this ordinance. Mr. Manager.
Mr. Donald Warshaw (City Manager): Just, again, to put on the record, as we always do on these issues,
that it's off -duty police, if they're available.
188 April 27, 1999
Chairman Plummer: Captain Longueira.
Mr. Warshaw: Major.
Captain William Longueira: Captain or lieutenant?
Chairman Plummer: Depends on your answer.
Captain Longueira: Can 1 have my carpeting? Yes.
Chairman Plummer: OK. Call the roll, please. This is an emergency ordinance, so that they can get it
before the County in time.
Mr. Walter Foeman (City Clerk): I need a seconder.
Chairman Plummer: What? Who second it?
Commissioner Sanchez: 1 made the motion.
Chairman Plummer: It was — Gort seconded it. OK?
Commissioner Sanchez: Commissioner Teele seconds it.
Chairman Plummer: All right. Commissioner Teele seconds it. Call the roll for the first -roll call. Thank
you.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), APPROVING THE
CREATION OF THE "NATOMA MANORS ROVING SECURITY
GUARD SPECIAL TAXING DISTRICT' BY MIAMI-DADE
COUNTY FOR THE NATOMA MANORS NEIGHBORHOOD,
MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING ROVING
POLICE PATROL SERVICE, SUBJECT TO COMPLIANCE WITH
APPLICABLE CITY OF MIAMI ("CITY") AND MIAMI-DADE
COUNTY ("COUNTY") REQUIREMENTS; APPROVING
NECESSARY EXPENDITURES FOR SAID ROVING OFF -DUTY
POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR
ALL EXPENDITURES; REQUIRING EXECUTION OF AN
1NTERLOCAL . AGREEMENT, IN SUBSTANTIALLY - THE
ATTACHED FORM, BETWEEN THE CTTY AND COUNTY; -
CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
189 April 27, 1999
was introduced by Commissioner Sanchez and seconded by Commissioner Teele. 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
Commissioner Teele, 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. 11787
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
66. DIRECT CITY MANAGER TO ELIMINATE THE MANUEL ARTIME THEATER FROM THE
LIST OF CITY PROPERTIES TO BE SOLD — MANAGER TO WORK WITH THE CULTURAL AND
FINE ARTS BOARD TO KEEP THE MANUEL ARTIME THEATER AS A CENTER FOR
CULTURAL ARTS WITHIN THE LITTLE HAVANA AREA.
Chairman Plummer: Mr. Gort, would you please take over for Mr. Sanchez' blue copy?
Vice Chairman Gort: Mr. Sanchez Commissioner Sanchez
Commissioner Sanchez:- Thank you, Mr. Vice Chair: --
Commissioner Regalado: Excuse me, Commissioner Sanchez.
Commissioner Sanchez: I think you go first.
Commissioner Regalado: No, no, you go first, but I was going to ask you, since we have several people here
190 April 27, 1999
for one issue that is in your district but it's in mv -- if we can take the Artime Theater'
Commissioner Sanchez: Yes. sir. Yes.
Commissioner Regalado: Mr. Vice Chairman?
Vice Chairman Gort: OK. Would you like to — you yield to Commissioner Regalado?
Commissioner Sanchez: I would defer.
Vice Chairman Gott: Go ahead, sir.
Commissioner Regalado: It's "C" On District 4 list. It's just that we have several people here that had been
here all afternoon and this is, I think — I hope it's easy. So, if I may, Mr. Vice Chairman?
Vice Chairman Gort: Yes. Go right ahead.
Commissioner Regalado: OK. I placed this issue on the agenda because it is important_ for the City, for
myself, for our districts, and this is about the Manuel Artime Theater. The Manuel Artime Theater has been
a place where almost weekly we had had throughout the last 20 years different events and, just recently, we
were able, through the Commission, to make some changes to the ordinance. So, the ten percent surcharge
in tickets will be eliminated. That way, by helping a lot of organizations to have their shows there. When
the City had their crisis, we decided to have the theater on the sale list. We have been unsuccessful in
selling the Artime Theater, and I remember that the Commission, several months ago, if not last year,
decided not to sell the adjacent building, just the theater. So, the reason that I'm bringing this motion is to
ask this Commission to eliminate from the sale list of the City of Miami the Manuel Artime Theater and to
work on this Commission, through the cultural boards committee, in order to maintain the Manuel Artime
Theater as a community center for the arts in the Little Havana area. So, my motion, Mr. Vice Chairman,
will be to take the Artime off the list and start plans to work out a project for the cultural in the Little
Havana area.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: It's a motion. Been motioned and a second. Discussion.
Commissioner Sanchez: Discussion. I would just elaborate support toward Commissioner Regalado's
statement. You know, if we look at the history of the Manuel Artime Theater, which has been there for
many, many years and many organizations that currently hold events there and just two great organizations
in our community, like the Miami Hispanic Ballet and the creation of the Arts Center, these institutions are
just something that we need in our community and, of course, we're faced with "Teatro" Tower, who is
coming up, and Marti, which is probably be closing down or somebody has bought the property already. Pm
not sure. But these are the things that make a community. You know, cultural events, theaters, parks, and
this something that we emphasize in the City and I know that the administration will support this issue. So,
I really appreciate it. I have a lot of letters of people that have called and written letters to me in full
support, to do anything they can to keep that theater open. And I should be ashamed of myself because, for
the first time a couple of weeks ago, I went there for one of the community meetings that we had and it is a
beautiful theater. It's for the area, to have that theater there. It just provides something for the area. So, I
would ask the administration to, please, do everything you can within your powers to take it off the list and
191 April27, 1999
keep that theater.
Commissioner Regalado: So...
Chairman Plummer: If I mav, you know. I have no problem with leaving that facility open but I do have a
problem with continuing the subsidy that is required. Now, if we can keep that theater open and we can
keep the office open without subsidy, then that's one thing.
Commissioner Regalado: J.L.?
Chairman Plummer: Yeah. I mean, you know, we've — the problem — let me just continue, if 1 may. The
problem with this City right now is we're over-facilitized, OK. We are over-facilitized. I mean, we've got
two arenas. Both requiring subsidy. We've got Bayfront Park requiring subsidy. We've got Knight Center
requiring subsidy. We've got Gusman Hall requiring subsidy. We've got Orange Bowl requiring subside.
We've got Dinner Key Auditorium requiring subsidy. The Knight Center requiring subsidy. Now, you
know the funny part, the weird part, each one of these are competing for the same ticket holder of a
promoter to come in. Now, all I'm saying to you is Gusman is competing with the Knight Center. The
Knight Center is competing with the Arena. And every one of them are requiring subsidy. I mean, how
many of these can we have? We're talking now going back with Theater Marti. I guarantee you, the Tower
Theater's going to require subsidy. I mean, how many of these facilities are we going to have? Somewhere
along the line, we've got to come down. The Convention Center right now is four million dollars
($4,000,000) a year in subsidy.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: You can be right in everything you have said, except on the Artime. Because the
people that bring shows to the Artime does not have the resources to bring it to the Gusman (applause),.to
the Knight Center. Now, the problem with the Artime is the problems that we, in the City, create. There
was some money from the cultural boards of Dade County that we could have used to fix some of the
problems because it was on sale. We didn't use it. I think that we can now ask for it. We requested to be
transferred to the Tower: That wasn't the case. So, I think that the money is still there for the Artime. I
think that the City, you know, regardless of what the Oversight Board says, I think that the City should work
with the different community organizations and we need to reduce the rate. And what we want in Little
Havana is people. What we want is cultural events and if we can have two or three events a week, 1 mean,
that is a blessing for the Little Havana area. And, you know, I know that it's very difficult. Now, we have
10 cents — 10 percent surcharge eliminated from the. tickets, which was something that many people
complained. So; I would tell you — I would tell you, Mr. Chairman, that if we put our heads to it, we can
make the Artime a true community cultural center. And if we. have a cultural board — if we can ask for
donations, I know a person that — he's the Vice President of Philip Morris in New York, and that person
promised me that whenever we have that cultural board functioning, they might be a donation from Philip
Morris to that board. And we could use that to enhance the Artime and to bring more events to the Artime.
So, I would say to you that I think that we — if we work, can make the Artime different.
Chairman Plummer: Mr. Regalado, I have no problem...
Commissioner Regalado: The motion is to take the Artime off the sale list and to work with the
administration and the cultural boards to bring more events to the.Manuel Artime Theater.
192 April 27, 1999
Chairman Plummer: All right. sir. 1 have no problem with keeping it open if you can tell me %where tier
money is coming from.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Excuse me. Commissioners first. Mr. Teele.
Commissioner Teele: Mr. Chairman, I really would like to second the motion and in seconding the motion.
I really want to compliment you because, you know, you have said, I think, what's on a lot of people's mind.
It's certainly on my mind. With the exception, I think, of the — it was an amazing enunciation of all of these
without notes or anything is most impressive. But you were wrong, I believe, on the Orange Bowl. I think
the Orange Bowl staff— correct me. The Orange Bowl is not — is it self-supporting.
Ms. Christina Abrams (Director/Public Facilities): Yes, it is.
Mr. Donald H. Warshaw (City Manager): Yes, sir.
Chairman Plummer: Well, it is but it's still in debt.
Commissioner Teele: But I do think, with the exception of the Orange Bowl, all of those things that you've
listed require subsidy. And J.L., the problem, I think, is that you don't even go far enough. Because we've
got even worse — we've got facilities, like the Virginia Beach, which we'll get into next month, where we've
got tremendous, multi -million dollar, hundred million dollar assets that are boarded up and shut out and we
don't even have money to subsidize. So, we've got to draw the line somewhere. Now, the problem is that
when you go through this thing, this list, it's the big ticket items. I mean, they were somebody's monument
or dream for a bigger Miami and I think one of the things that district elections brings about is this notion of
neighborhood activities. We need to support neighborhood activities and we really need to try to get out of
some of these big dream ideas. I, for one, am waiting on the Finance Director and the Budget Director and
the Manager to come forth with a plan to sell the Knight Center. I mean, and the sale of the Knight Center
means that we need to put ten million dollars ($10,000,000) up to whoever's going to buy it. In other words,
that thing is costing us three, four million dollars ($4,000,000) a year.
Chairman Plummer: Four.
Commissioner Teele: A year. Now, the problem with all of this, J.L., is that center, which I think is a
beautiful center, doesn't support any of the communities. This theater is going to bring life; it's going to
bring vitality, and I don't think we can compare the two things exactly. I think districting election is going to
bring about more request for theater — for the various theaters. I'm going to be talking about the Lyric
Theater. We're going to talk about other facilities. But we do, J.L., — and this is where you're right. We've
got to get the management to get moving on getting rid of some of those things that you've talked about. We
need a plan, Mr. Manager, to sell or to get rid of the Knight Center and what we don't need, quite frankly,
are trying to put all these assets out on the street at the same time. rm very concerned when I think about
Watson Island; whispers now about Bayfront; Bayfront, not so loud whispers about the Barnacle; Virginia ==
Key. You know, were pushing too much stuff out there for development. We need to this understand that
we're going to be competing — this thing here in Coconut Grove, the Convention Center. We need to start
being a little bit more selective, Mr. Manager. We're pushing too much, and we need to start pushing the
things that are costing us money that Commissioner Plummer talked about. We need to get Convention
Center RFP (Request for Proposal) out there to deal with however you're going to deal with that. We need
to get rid of the Knight Center and we.need to support these kinds of community theaters. So, I just think
that Commissioner Regalado is to be commended for bringing this matter before us because this is about the
193 April 27, 1999
citizens of this community. And I just — I think it's a philosophical issue. J.L.. that we've got to discus., but I
can't disagree with all of the —and you know what's going to be worse. J.L? It's going to be %\ orse about the
Arena. I mean, you know, that's a pink elephant waiting to turn pink. I mean, because after next year. \ye're
going to -- how much is the bond payments on that thing a year?
Chairman Plummer: There's a guaranteed reserve for — you're talking about our old arena"
Commissioner Teele: Old arena.
Chairman Plummer: There's a guarantee source of revenue that pays that off.
Ms. Abrams: The City has no liability with the arena.
Commissioner Teele: Yeah, but the question — it's not a question of City liability. How much money is the
City going to put in that facility?
Ms. Abrams: Nothing.
Commissioner Teele: How much CDT money that we could have for something else, how much money —
that is City money, ma'am. How much money are we going to put in that facility a year?
Ms. Abrams: The CDT monies are collected by the county and they have pledged it to the arena and the
debt on the arena is four million dollars ($4,000,000) a year.
Commissioner Teele: We're going to put four million dollars ($4,000,000) a year into that facility? It's —
look, I sat on the board that gave you the money. It's probably the worst vote I ever made as it related to the
thing. So — I mean, it's government money. The people in here, the people we're representing, are paying
for all of that. That's money that is collected in all of these restaurants and hotels that are paid not only by
people who come here but people who live here. So, the fact of the matter is. J.L. is right and the frustration
that's he expressing is not against the theater but it's about the fact that we've got a four million dollar
($4,000,000) pink elephant called the arena. Once the Heat goes out of there — I mean, you know, four
million dollars ($4,000,000) to support Ringling Bros. and Barnum & Bailey and a handful of Rap stars is a
lot of money. We're putting four million dollars ($4,000,000) in Knight Center. Is that a fair statement?
Four million dollars ($4,000,000).
Ms. Abrams: Three and a half.
Commissioner Teele: I mean, and we're a broke City. We're putting a ten million dollars ($10,000,000) of
subsidies and that's why 1 agree with Commissioner Plummer. The key thing, though, 1 believe, Mr.
Manager, is we've really got to move forward. We've been talking about selling the Knight Center for the
last three years.
Mr. Donald Warshaw (City Manager): I wish we could sell it. The problem is, there are — well, PIl let the
Finance Director explain to you.
Commissioner Teele: Mr. Manager, we can sell that Knight Center. It means we've got to write a check 10
to twelve million dollars ($12,000,000). But I'm telling you, it's bleeding us anyway.
Chairman Plummer: Get out that way after three years.
194 April 27, 1999
Commissioner Teele: We're writing a check for four million dollars ($4.000.000) even %ear and that
monev is -- that's Florida Power and Lisht...
Chairman Plummer: Guarantee.
Commissioner Teele: You know, uhh...
Mr. Warshaw: Biggest drain we have. There's no question about it.
Ms. Julie Weatherholtz (Director, Finance Department): Yeah. And certainly, you know, the w,av the debt
was structured for that facility makes it difficult. There's two pieces of debt: One that can be refinanced
and one which are capital appreciation bonds, which cannot be refinanced, and certainly we're continuing to
look at it and try to come up with ideas to make it cost beneficial to even go forward with �selhna the
property. And, certainly, we are getting ready to start the process to bring on a financial advisor, who will
also be asked to look at that specific entity and try to come up with recommendations on what the City can
do with it.
Commissioner Teele: Ms. Weatherholtz, you told us that in November and got a commendation --
December — that you were going to bring — you're looking to bring on a financial advisor. Those are the
things that we need to weigh in with you, and this Commission needs to have some options. I mean, we're
already halfway through the year and we realize again — and I commiserate with Commissioner Plummer,
that we've got some huge subsidy deals that are out there that we've got to unload and we've just got to bite
that bullet and unload it.
Chairman Plummer: Christina, would you send each Commissioner a copy of what the Sport's Authority is
doing facing January 1, that they'll be a new arena open. I'd like to know what's going on with the old arena,
OK?
Ms. Abrams: Sure.
Chairman Plummer: Besides praying. Mr. Goenaga.
Mr. Manuel Gonzalez-Goenaga: Well, you — I am in consonance with you, Mr...
Chairman Plummer: Good help me.
Mr. Gonzalez-Goenaga: But let me — I am going to add another -- the biggest subsidy of all. You missed it.
Chairman Plummer: And what was that?
Mr: Gonzalez-Goenaga: City Hall. Can you imagine the amount of money in that corner over there on a
yearly basis? I am not including this area because you guys are underpaid. I have to admit that. But the
other ones are overpaid.
Chairman Plummer: All right.
Commissioner Regalado: So, we vote.
Chairman Plummer: The vote is, as I understand it, the motion is to take it off the for sale list. Is that
correct?
195 April 27, 1999
Commissioner Regalado: And to work. The motion is also and to work through the administration and the
cultural boards committee to bring more...
Chairman Plummer: Is the motion seconded?
Commissioner Teele: I second it. But let me say this.
Chairman Plummer: All right.
Commissioner Teele: If we cannot develop a plan -- this thing -- I mean, you know. we've got the people
here now but the people have got to understand that this is not a victory. There is the beginning of work. If
they cannot submit a plan within six months or...
Commissioner Regalado: No, Commissioner. If we can get the administration to. give us a hand in
organizing the first meeting of the Cultural Arts Board, we could have the discussion for the Artime plan at
that same very first meeting. And from there we can go out and look for funds or try to come up with a
plan, even to bring it to the Commission. But I think that it's important that we get the help to organize that
meeting.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show unanimous ballot. _
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-300
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO CEASE ALL ACTIONS RELATED TO THE
PURCHASE AND SALE OF THE PROPERTY WITH IMPROVEMENTS
LOCATED AT 900 SOUTHWEST IST STREET, MIAMI, FLORIDA (THE
"PROPERTY"), COMMONLY KNOWN AS THE MANUEL ARTIME
THEATER, AND TO REMOVE SAID PROPERTY FROM THE LIST OF
CITY -OWNED REAL PROPERTIES DECLARED AS SURPLUS.
196 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 b\ the fol lo%\ ink=
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
57. DIRECT MANAGER TO REINSTATE THE CALLE OCHO WALK OF FAME PROGRAM AN)✓
FO INSTRUCT REPRESENTATIVE OF THE DEPARTMENT OF PUBLIC WORKS TO MEET WITH
AS. CAROLYN NAVARRO TO NEGOTIATE AN AGREEMENT REGARDING SAID PROGRAM.
Chairman Plummer: What is your next issue? (Applause). All right. Before they change their mind. Next
issue. Mr. Regalado?
Commissioner Regalado: No, it's Sanchez. He yields.
Commissioner Sanchez: I yield to him.
Chairman Plummer: Mr. Sanchez. Come on, guys. We've got Zoning yet to go.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: My issues...
Chairman Plummer: Quit stuttering. Go ahead.
Commissioner Sanchez: My first issue is the Calle Ocho Walk of Fame.
Chairman Plummer: Make your motion.
Commissioner Sanchez: My motion is to reimplement the program through the Public Works. Have Mrs.
Navarro sit down with Public Works and see if we could work an agreement.
Chairman Plummer. Is there a second?
Commissioner Teele: Second.
Chairman Plummer: Is there any further discussion? All in favor say "aye."
197 April 27, 1999
The Commission (Collective]\,): Ave.
Vice Chairman Gort: Discussion.
Chairman Plummer: Discussion. Mr. Gort.
Vice Chairman Gort: Under discussion. If you don't mind, .I'd like to amend it. There's a Festival
Committee that deals with 8th Street. I think they should be part of that advisory board.
Chairman Plummer: OK.
Commissioner Sanchez: OK. But, see, there's a problem. They have their own committee to select the stars
and we, as a Commission, could...
Chairman Plummer: Excuse me. Would one of the officers in the back go out and ask these people to,
please, keep it to a roar? Go ahead.
Commissioner Sanchez: We, as the Commission, can appoint, I believe, one,- and I've already made my
appointment, Angel Sayon; to the board. If one of you would like to make an appointment?
Chairman Plummer: Well, I think each one of us should make an appointment.
Vice Chairman Gort: I'll put Marban in there.
Commissioner Regalado: But — excuse me. We're — do you know what we're doing? Why can't we use the
Little Havana Standing Festival Committee for the same purposes? Sayon is a member. Marban is a
member.
Commissioner Sanchez: Mrs. Navarro, could you explain?
Commissioner Regalado: I mean, I don't...
Ms. Carloyn Navarro: Yes. Good afternoon.. Carolyn Navarro, 1331 Southwest 93rd Court. One of my
main purposes with Calle Ocho Walk of Fame is involved -- everybody in the different committees there are
on Calle Ocho. A have had in mind the Kiwanis, which I visited Mr. Marban. Also, Mr. Pablo Canton and
I'm open to hear all the suggestions that you have here. My main concern is to make it work this time and
I'm willing to put all my.best efforts.
Chairman Plummer: All right. Well, are we establishing — two things. One. I know that we're
reestablishing that the program go back to the department to make sure the guidelines are covered; that we
are protected, and there's no liabilities and it is not a money -making proposition for individuals. Then, I
understand the -second part of this is, that were -going to have a Festival Committee of Southwest 8 Street
who will be working in concert with the department. That's two separate motions. -
Commissioner Sanchez: Mr. Chairman, that is a motion that Commissioner Gort has made.
Chairman Plummer: OK.
Commissioner Sanchez: It was not the intent. However, if he wants to make that motion, I fully respect it
and would second it.
198 April 27, 1999
Chairman Plummer: OK. All in favor say "aye."
The Commission (Collectively): Ave.
Commissioner Gort: It was a friendly amendment. Yes.
Chairman Plummer: OK.
Vice Chairman Gort: It's the same people.
Chairman Plummer: All opposed? Show it unanimous.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-301
A MOTION DIRECTING THE CITY MANAGER TO REINSTATE THE
CALLE OCHO WALK OF FAME PROGRAM; FURTHER DIRECTING THE
MANAGER TO INSTRUCT REPRESENTATIVES OF THE DEPARTMENT
OF PUBLIC WORKS TO MEET WITH MS. CAROLYN NAVARRO TO
NEGOTIATE AN AGREEMENT REGARDING SAID PROGRAM.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: I will give you my appointment to the Little Havana Calle...
Vice Chairman Gort: You already...
Chairman Plummer: I haven't made my appointment.
Commissioner Sanchez: You don't get none.
Chairman Plummer. What do you mean, I don' get none?
Commissioner Sanchez: You're everywhere.
Chairman Plummer: Well, it just became Calle Ocho uno.
199 April 27, 1999
68 DISCUSSION CONCERNING THE BUILDING PERMIT PROCESS.
Chairman Plummer: All right. The building permit process.
Commissioner Sanchez: Yes.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: This question goes to the City Manager, although I did get a good memo. good
response, which I must commend him for that excellent response. I do get complaints of one individuals
that are — the debris — is it the debris...
Chairman Plummer: Cataskia (phonetic)
Mr. Donald Warshaw (City Manager)- The debris. Construction debris fee?
Commissioner Sanchez: Yeah. Where they get the permit but they don't have that much trash and then
they've got to go out there and spend the money, so that's one concern. The other is some complain about
the element of surprise in the inspection process. In other words, you know, let there be a guideline, which
I'm sure there is, and maybe it could be worked out through communication and the art of compromising, as
long as everything is legal, that they are basically assisted through the process. Because the complaints is,
look, they come to my house and look at my project and they tell me this is wrong and before they leave,
they tell me that's wrong. So, when they come back, they tell me that's wrong and they find something else.
So, people, which, to be very honest, to go to the City and get a permit they want to abide by the laws, they
want to do what's right, it's not an easy process. Still they're doing it and still in the long end, they are
somehow not favorable towards the system, which that needs to be addressed. And all that I ask is that --
business friendly, which we have gotten better at but the element is, when the inspection done, not before
the person leaves they find something else and the process go on and on. So, those are the complaints that
I'm making and I just want to address that to the City Manager and yourself.
Chairman Plummer: OK. Dena.
Ms. Dena Bianchino (Assistant City Manager): Commissioner, I just want- you to know that we. are very
dedicated to making the department more business friendly. I would like Maggie Genova to just tell you a
little bit about the improvements that have been made in the department over the past year.
Chairman Plummer: And she's leaving. Mr. Warshaw.
Mr. Warshaw: Before I ask Maggie to speak, as long as she's here at the microphone, Friday is her last day
with the City, after almost 22 years. Not to mention all the things she's done during her career but, most
recently, when 1 called upon her to act as a Director of Building and Zoning in her career, really working in
a Herculean task and putting in tremendous time and were really going to miss her. She's done a wonderful
job. So, I want to acknowledge her in front of all of you. Good luck to you, Maggie. (applause)
Commissioner Sanchez: Best to you.
Chairman Plummer: All right. Please make it brief.
Ms. Maggie Genova-Cordovi: I'm going to make it brief but I want a chance to let you know what a great
200 April27, 1999
department Building and Zoning is. It has to be the department most people --ripe about. Most people sad
things about. Everybody likes to complain. Everybody likes to say those inspectors are on the take. And I
like to relate to that because before I went to work for Building and Zoning. I used to think it was that kind
of a department and 1 don't want to leave the City without having the chance to let you know that you should
be so proud of that department. We probably have the most dedicated employees in that department. as the
memo that you received, Commissioner Sanchez, explains. 1 mean, you knob- how complex the system is.
It's very frustrating. It's frustrating for contractors, so you can imagine what it's like for homeowners. But
so many times the department is blamed unfairly. And I'm just going to say one small story of something
that happened this week. I'm just going to relate the most recent story, but this happens all the time. It's
Mrs. Tina Turner, and I believe she lives in your district, on the 1406 Block of Brickell Avenue. And she
called me early this week because she had hired a contractor back in February to install some windows in
her condominium and the contractor was blaming the Building and Zoning Department because we wouldn't
give him the permits. When I went to research it, the contractor had gone in March, applied for the permit
and never come back. I let her know what's happening. She told her neighbor, who had the same
contractor, and the neighbor called me and, in his case, the contractor had never gone to apply for the
permit. Yet, the. City was blamed. The Building and Zoning Department was blamed for the delays.
Recently, the Building and Zoning Department of Coral Gables have been in the news and they've been
saying all the wonders, all these changes, wonderful changes that they've made and some of those changes
that they're talking about we made, 1 think, back in '96, when I first came to work for Building and Zoning.
They were talking about the preconstruction meeting, the predevelopment meetings that they offer. We
have been offering that since 1996. We offer what is called Joint Reviews for large projects. Once the
projects are reviewed, if you want to expedite the process, we can set up a meeting for the developers and
the architects and the engineers to expedite the permit process. Coral Gables is still not doing that. I'm. sure
what they do, they'll make sure it gets in the paper but we've been doing that since 1996. So, there's a
tremendous amount of things that we do to make the process friendlier. The staff is great. And I know it's
my last week but I'd like to extend an invitation to all of you. I know when Bob Graham was running for
Governor, he used to go and he worked in places. And I think you should go and spend a morning working
in Building and Zoning, all of you. It will be an educational experience. I mean, not shaking hands. Really
going behind the counter and doing the work. I really invite you. I'm sorry I'm leaving. You're welcomed
to come this week, if you want to come this week. I'm sure Frank Rollason will love to have you there. But
you have to be there to understand how complex it is and to realize how nice our staff is. So, please, come
and visit.
Vice Chairman Gorr: Mr. Chairman?
Mr. Warshaw: If I can just add one...
Commissioner Sanchez: We'll take up your invitation.
Chairman Plummer: Wait, wait, wait. Commissioners are first.
Mr. Warshaw: Sony.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I'd like to give a little credit to a committee that was established two years ago,
headed by Orlando Gomez, that went into the Building Department when the people from the industry
worked very closely with the staff. What I would like, Mr. Manager, if it's okay with administration, I'd like
to go back and sit down with the new director that you have and sit down with him and go over the list of
the accomplishments that have been done because I still think there's several recommendations that have not
201 April 27, 1999
P
been implemented vet and I would like to see it through,
Chairman Plummer: All right. Mr. Sanchez. did you want to make a comment'
Commissioner Sanchez: No.
Chairman Plummer: All right.
Commissioner Sanchez: Just that, the element of surprise is what people...
Vice Chairman Gort: Where's the parry Friday?
Commissioner Sanchez: No. The element of surprise is what basically bothers...
Chairman Plummer: The parry is at the Marriott Bayshore, and it's thirty dollars ($30) and all you can
drink...
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: ... and the food is...
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Yes, Mr. Marriott.
Commissioner Sanchez: Excuse me.
Chairman Plummer: Yes.
Commissioner Sanchez: Excuse me.
Chairman Plummer: He asked a question
Commissioner Sanchez: The element of surprise is what really bothers people, when they're having an
inspection done and they come in and then they tell them, "look, something else is wrong and something
else is wrong," and that's just one of the concerns. And, of course, the complaints that 1 get, you get.
Mr. Donald Warshaw (City Manager): If I can just add one comment? In addition to...
Chairman Plummer: Sure, go ahead. It's almost 9 o'clock now.
Mr. Warshaw: ril make it quick. I promise you.
Commissioner Sanchez: That's what you get paid all. those big bucks for.
Mr. Warshaw: In addition to all of the small projects, which are very important redevelopment projects in
the City, just as an example, the New Miami American Airline Arena and, most recently, the new
Performing Arts Center plans came in. Over sixteen hundred pages of the most complex plans you could
imagine, that have to meet our building code and we have professional architects, planers, and engineers in
the Building Department, who are reviewing these plans to ensure that this world -class facility is going to
202
April 27, 1999
meet. you know. our Code. So. it is -- it's something I've come to appreciate tremendously, as well. and it's a
technical, complicated area that, by the way, has vacancies and we're attempting to staff up as \\e speak.
Chairman Plummer: Well. I hope just hope you're reminding that new arena world class event that. \\ ithout
the parking spaces being committed, they're not going to get a Certificate of Use.
Mr. Warshaw:- They know.
Ms. Dena Bianchino (Assistant City Manager): Every two weeks.
Mr. Warshaw: They know.
Chairman Plummer: And they also — you want to want remind them that any amenities that the County
Commissioners receive, the City gets the equal amount.
Ms. Bianchino: Yes, sir..
69. DISCUSSION CONCERNING THE STATUS OF BOBBY MADURO STADIUM.
Chairman Plummer: All right. Mr. Sanchez, Bobby Maduro Stadium.
Commissioner Sanchez: Thank you, Mr. Chairman Also, addressing the City Manager. I have some
pictures here, given to me by Mariano Cruz, who would like the opportunity to speak on behalf of the
Bobby Maduro Stadium. 1 would pass these pictures. They're horrible.
Mr. Mariano Cruz: That's for the record.
Commissioner Sanchez: They're horrible.
Mr. Cruz: I'd like to say that that — most of that has been cleaned already.
Commissioner Sanchez: Oh, it has?
Mr. Donald Warshaw (City Manager): Yeah, it has been cleaned up. Fenced in...
Mr. Cruz: But I have questions too. See, inside, nothing has.been done.
Commissioner Sanchez: Wait a minute. Mariano, Mariano, what -are you complaining? They do a great
job. You complain they picked it up.
Vice Chairman Gort: Mr. Sanchez, for the record, I'd like to state to Dena for how long that we've been
talking about this and cleaning this place up? The problem that we've had is, this used to be a City property.
The City neglected it completely, and it was not fair to all of a sudden you sell it and the new owner, you've
put all the burden on the new owner. But I think that staff have been able to do that, and this is something
that we've been working on it for a long time now because that has been a disgrace. The first thing we did is
take away the flea market, which was doing a lot of harm and a lot of the neighbors in there would complain
about the flea market. The flea market was removed from there, was put in another location, which is doing
a lot better and no complaints from that other location. So, I want to thank the staff and I want to make sure
that we stay on top of that because that place and (unintelligible) place given to, we need to take care of.
203 April 27, 1999
Thank you, sir
Mr. Cruz: The thine I'd like to know is, in dealine with the Bobby Maduro Miami Stadium and the other
properties so close, the old municipal building. 1145. 11th Street. that was done so different. The other
place, there was never any debris, any problem there. The Winn Dixie start working right a%%a\ . The\
almost -- I mean, they start working at that new store. Why? Maybe it was because it \%as at the Cis is
Center. right across from the State Attorney and the judges and everybody was coming there. and the Bobb\'
Maduro is out of the way and just the neighbors was coming there. Why was -- and what is the timetable
and what is going -- how are there no restrictions when the City sells a property? — I bet, if my house gets
less grass than that, there will be Sergio Duarte will be there writing me a ticket about violation of the code.
That's what really, really -- and, then, when I come here. Dena tell me., "No, we selling two million dollars
($2,000,000) and the check is in the bank." Well, you settle that two million dollars ($2.000.000) to clean
the property and secure the property. Now it's secure. What, we got to wait since August 1998. until April
1999, to secure the property? I bet this is in Coconut Grove, there will be secure on that property from the
beginning because that's the way it is. I don't asking anything better or less. I just want my neighborhood to
be treated with parity because I am a taxpayer, federal taxpayer, city, county, and all kind of taxpaver and
there's monies — federal monies going there. Just the other day. I mailed a check today. United States
Treasury, for two hundred and twenty-six dollars zero three cents ($226.03) just to pay because I was not
withhold enough money to pay for my federal tax and that's the money that pay all these CDBG
(Community Development Block Grant) grants and everything then. I don't pay much in city taxes, but I
pay a lot of in federal taxes. And I'd like to know what is the timetable? What restrictions are in the deed?
What are they going to build there? Because that was supposed to go to, remember, Rafael Hernandez
Housing and, then, nothing was built and, you know, that was the destroved in 1988, when the homeless
were using the Stadium. They delay the Baltimore Oriels from taking over spring training and that was a
big problem there. The Baltimore left and everything have been going downhill since then, and that is in my
neighborhood, within walking distance of my house. I want to know.
Vice Chairman Gort: Go ahead.
Mr. Cruz: What are they going to do with it?
Commissioner Sanchez: The property has been sold. They have cleaned it. Let me tell you something.
Commissioner Willie Gort, I see him many times driving through his district. If I had to pick a
Commissioner, I'd pick him any day of the week and twice on Sunday, because he cares about his district.
Mr. Cruz: I see him all the time in the neighborhood. 1 see him.
Commissioner Sanchez: No. But, you know, when they bring this up and stuff, he does care about this and
he does does it and, you know, I brought it up because...
Mr. Cruz: The reason I brought it to you was because you were in Martha Flores' program...
Commissioner Sanchez: Right. _ .. .
Mr. Cruz: ... and it's a radio talk show and you told me...
Chairman Plummer: Hey, hey, hey.
Commissioner Sanchez: But once you said it...
204 April27, 1999
Chairman Plummer: Let's -- come on. Let's knock it off. Let's talk about Bobby Maduro. not about Martha
Flores or anything else.
Commissioner Sanchez: Wait, J.L. Nobody's talking about Martha Flores.
Chairman Plummer: We're not going to be here. He was.
Commissioner Sanchez: Hey, J.L., it isn't a sin to say Martha Flores. I mean, maybe because you don't have
a good relation with her but that's besides the point.
Chairman Plummer: That is absolutely correct.
Commissioner Sanchez: OK.
Chairman Plummer: She is my friend. I admit it. And that's fine. But that is not for the discussion this -
evening.
Mr. Cruz: No. He was with the program and I mention — I tape it.
Commissioner Sanchez: Well, just that he said. I'm referring to Bobby Maduro. This is — everything that's
talked here is about Bobby Maduro, and all I'm saying is that, when it was brought to me, it was cleaned
already.
Mr. Cruz: Right.
Commissioner Sanchez: Willie Gort addressed the issue.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Let me try to answer your question. My question — my understanding, the restriction
is, affordable housing has to be built there.
Mr. Cruz: We think. How long?
Vice Chairman Gort: My understanding is — excuse me. Can I answer...?
Mr. Cruz: No. How long it takes?
Vice Chairman Gort: ...or you're going to answer for me? I don't how long it takes. You ever try to put a
project and get the finance for three hundred and some apartments? That takes a little while, especially for
affordable housing. It's not as easy as in the private sector. My understanding, the restrictions were placed
on those people. My understanding also was, an appraisal was given and the appraisal was value of — what
was the appraisal that came out? ..
Commissioner Teele: Mr. Chairman?
Ms. Bianchino: It was nine hundred thousand dollars ($900,000).
Vice Chairman Gort: Nine hundred thousand dollars ($900,000). Those people pay how much for the
property?
205 April 27, 1999
r
Ms. Bianchino: Two point two.
Vice Chairman Gort: Two point two million dollars ($2.200.000) for the property.
Ms. Bianchino: Two point two million.
Vice Chairman Gort: So. the -- because a question arose the other day in one of the public hearings. that
they thought something might have taken place. An appraisal was done and says, the minimum accepted is
so much and three people bid for it and those people were the ones that bid the more. My understanding, is.
they're going through the process of getting the tax — the different finance that needs to be taken in order to
make it affordable housing. In the meantime, we requested from Dena, a long time ago, that we needed to
have that place cleaned up. They asked the private sector to go ahead and clean it up and they're doing so.
Commissioner Teele: You must have made the Mayor mad.
Mr. Cruz: Who's the realty? St. John Martin (phonetic). Who owns it? ?
Ms. Bianchino: Excuse me, sir?
Mr. Cruz: Who owns it — realty or St. John Martin Development Group? Who owns it? Who's the
property on record?
Ms. Bianchino: I don't — St. John Martin Development Group is the legal owner of the property.
Mr. Donald Warshaw (City Manager): And if I can just say something about the issue you brought forward.
Regardless of the timetable and when it's going to be built and what's going to be built, the developer has
been put on notice that he's to keep the property clean.
Mr. Cruz: The property clean. OK.
Mr. Warshaw: He did clean it, and if he makes it dirty again...
Mr. Cruz: I call you.
Mr. Warshaw: ...he's going to be severely fined.
Mr. Cruz: That's it.
Mr. Warshaw: We're going to make sure it stays clean.
Mr. Cruz:- Don't worry.
Committee Member Garcia -Toledo: Mr. Chairman?
Mr. Cruz: I call you, 416-1025. Don't worry.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Yes, sir.
206
April 27, 1999
Commissioner Teele: These items are what are called Commission Discussion Items. I think. you kno%�. it
we're going to have this — you know. and this something that I brought forth. We've got a zoning meeting.
People are here. This doesn't make us look good to have this kind of discussion with the public. you kno%%.
waiting to be heard on zoning. And, the fact of the matter is. any citizen has the right to come in and make
the kind of issue that Mr. Cruz is making, but that should be done on the other agenda in the morning_.
These items are supposed to be just bullet items going through. They've been worked through with the staff
and I think — in fairness to everybody, I think we should suspend these items now and go on to the zoning
agenda. Otherwise, I think we're just going to wind up with some really bad feelings. I mean -- but. again.
the whole purpose of this — and this is something that I came forward. with, asking that we have a special
time in which Commissioners can discuss things and try to understand things, and I really do believe that the
item that you put on the agenda had already been solved from pretty much — so, I mean, we've wasted 1
minutes just talking about what — you know, and I just think we need to really be a little bit more diligent.
Commissioner Sanchez: Well, the...
Vice Chairman Gort: Before we — anything else?
Commissioner Teele: I mean, none of us — I'm not — everybody's had items but me and — but. I mean. 1 just
think we need to...
Commissioner Sanchez: The order of the day is the agenda. I mean, we could — you could make a motion
and if you find...
Commissioner Teele: No. No, I'm not going to make a motion.
Commissioner Sanchez: The order of the day is the agenda. That was just one that just got a little way, you
know. The next one is an easy one.
Mr. Jose Marban: Commissioner Teele, I've been here since 2 o'clock and I hope 1...
Vice Chairman Gort: Excuse me. Excuse me. Sir, you're out of order.
Mr. Marban: OK. I would like to...
Vice Chairman Gort: Will you — please. Will you sit down for a minute. You're out of order. Thank you.
Go ahead, Mr. Sanchez.
70. DISCUSSION CONCERNING THE CITY OF MIAMI WORKERS' COMPENSATION
PROGRAM.
Commissioner Sanchez My other issue is a discussion on the workman's comp, which continues to be a
problem. It's a red flag that continues to be popped, and I just want to be briefed on what the administration
has done when I addressed the issue.
Mr. Mario Soldevilla: As you'll recall, Commissioner, back in November 17th, you authorized the issuance
of an RFP (request for proposal) for the third party administration of worker's comp. That RFP was issued
in February and we received responses in March. There was only one bid that was submitted. However,
there is an evaluation committee that has been set up to evaluate that bid. One of the issues that is included
207 April 27, 1999
and specifically addressed in the RFP is of surveil lance._ which is a tape of service that is routinely utilized
in the office. As a matter of fact. there are some investigations that are still onsoing. One of the priman
areas of concern that we had and that we are focusing on. is the total number of open claims. which was
very large. Right now we have identified between four hundred and six hundred claims. which could
conceivably be closed. Now. that is a process because there is the steps that we need to folio,*\, but we have
identified some claims that can be closed.
Commissioner Sanchez: But we're still at two thousand seven hundred and ninety-four open claims?
Mr. Soldevilla: We're still at two .thousand seven hundred. However, that's going to be diminished. you
know.
Commissioner Sanchez:' We're hoping.
Mr. Soldevilla: Well, yes. In addition to that - well, one good thing is that. as of October 1st to September
— to March 31 st -- and we're comparing last year to this year — the number of claims have gone down by
eight percent. That's 364 claims that we had from October '98 to March 31 st of '99, as compared to three
hundred and ninety-five claims that we had during the same period, the previous year. We also -- you know,
worker's compo is a complex issue. In addition to the RFP, we're also attacking the problems of several
other places. We are exploring the possibility of purchasing excess coverage so that the City's liability gets
minimized. We're also looking at first dollar coverage. There are some issues as to how we can proceed
with that, and we anticipate probably having the result of that in about two months or so, and we'll come
back to the Commission.
Vice Chairman Gort: OK.
Commissioner Regalado: Can I?
Vice Chairman Gort: Yes.
Commissioner Regalado: Mr. Vice Chairman?
Vice Chairman Gort: Go ahead.
Commissioner Regalado: Mr: Manager, one of the many things that I admire you for is that you always
publicly are saying how proud are you of the employees of the City of Miami, and I am too. Many are —
many — most, if not all of them, are very hard working people. The poorest of the poor are those who are
not Civil Service and, yet, they're enjoying what they're doing. Those are the street sweepers. They don't
work 40 hours. They use their own cars. They work during rain and sun. And I have here a case, Lazaro
Rocha. That is one of the many street sweepers. Nobody knows because it's just a five dollars ($5) an hour
employee. Mr. Rocha, last December, had sort of an accident. He had a pain and was transferred to Cedar
Medical Center and was admitted and some tests were done. And after he was released, the City said that
he was not eligible and his entire claim was denied. Well, the problem is that Mr. Rocha, who has a family,
two children and a wife, lives in a very small apartment in Little Havana, does not have the money to pay
the bills that the hospital is sending and he's going to lose whatever little credit that he has. 1 think that, yes,
we and the Risk Management Department, shouldn't go by the book and make decisions as a business, but
when you have one poor guy taking the brunt of ten thousand dollars ($10,000), how can he pay that? I
don't understand if we have so many claims, why the thing was not worked out. So, I have the paper for you
here, Mr. Manager.
208 April 27, 1999
Mr. Donald Warshaw (City Manager): And I'd like to look at it. Thank you.
Vice Chairman Gort: OK.
Commissioner Teele: I move that it be referred to Mr. Weiss. Refer this.
Vice Chairman Gort: Excuse me a minute. Are you finished...?
Commissioner Teele: I would just say, for the record on that, you know, one of the things that we have in
the County is the Public Health Trust, and the one cent that's collected is for indigent or claims for people.
And I would also ask that we really look at, Mr. Manager, and seeing if there — if the individual would
qualify because we spend, you know, literally, hundreds of million of dollars over the years in support of
people who really don't have support. That's not, at all, to extinguish the liability issues that the City should
own up to.
Vice Chairman Gort: Commissioner Sanchez, anything else?
Commissioner Sanchez: Yes. Item E, I would like to defer. Reference, I had a discussion with the Chief of
Police and we're going to defer that one.
7.1. AUTHORIZE MANAGER TO ENTER INTO MEMORANDUM OF UNDERSTANDING AND
AGREEMENT OF THE MIAMI RIVER QUALITY ACTION TEAM ("OAT") FOR THE PURPOSE
OF ENSURING THE CONTINUED COMMITMENT AND PARTICIPATION OF INTERESTED
INDIVIDUALS, ENTITIES AND GOVERNMENT AGENCIES OWNING PROPERTY OPERATING
ON OR ALONG, OR HAVING JURISDICTION OVER. THE MIAMI RIVER AND TIIE ADJACENT
LAND WITHIN THE CITY OF MIAMI AND MIAMI-DADE COUNTY.
Commissioner Sanchez: "F" is a resolution authorizing the City Manager to enter into a memorandum of
understanding and agreement of -the Miami River Quality Action Team, QAT, for the purpose of ensuring
the continuous commitment and participation of interested individuals, entities and government agencies
owning property operating on or along, or having jurisdiction over, the Miami River and the adjacent land
within the City of Miami and Miami -Dade County.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second. Is there any discussion? Being none, all in favor, state
by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Nays? No nays.
209 April 27, 1999
The following resolution was introduced by Commissioner Sanchez. who moved its adoption:
RESOLUTION NO. 99-302
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING AND AGREEMENT OF THE MIAMI RIVER QUALITY
ACTION TEAM ("QAT") FOR THE PURPOSE OF ENSURING THE
CONTINUED COMMITMENT AND PARTICIPATION OF INTERESTED
INDIVIDUALS, ENTITIES AND GOVERNMENT AGENCIES OWNING
PROPERTY OPERATING ON OR ALONG. OR HAVING JURISDICTION
OVER, THE MIAMI RIVER AND THE ADJACENT LAND WITHIN THE
CITY OF MIAMI AND MIAMI-DADE COUNTY; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM.
(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.
NAYS: None.
ABSENT: Chairman J.L. Plummer, Jr.
Vice Chairman Gort: Mr. Goenaga, what do you want to address?
Mr. Manuel Gonzalez-Goenaga: No. I wanted to address the previous one, but I just want to clarify that
what we hear is marvelous, but what I read in "The Miami Herald", in Puerto Rico that there -were like open
claims of two seven -- two thousand seven hundred and ninety "x" and only three thousand one hundred
employees. It was a published by "The Miami Herald. I don't know under whose signature. And now we
come here and we're doing a marvelous job. Let me tell you something. Something is terribly wrong. I am
not accusing this present administration at all, but we must have to realize, my friends, that we have had a
bad, bad, bad history of fraudulent behavior in this City, includes in claims on Workman's Compensation.
Vice Chairman Gort: Thank you.
Mr. Gonzalez-Goenaga: That's my personal belief.
Vice Chairman Gort: Anyone else? Commissioner Sanchez.
Commissioner Regalado: I have.
Vice Chairman Gort: Yes, sir.
210 April 27, 1999
72. DISCUSS AND DEFER CONSIDERATION OF PROPOSED DEVELOPMENT OF A MULTI-,
FAMILY BUILDING FOR AFFORDABLE HOUSING ON THE CIVIC CENTER SITE (1 7,00
NORTHWEST 14 AVENUE).
Commissioner Regalado: OK. I have a resolution, and I'm sure that the administration would have some
comments on it. It's a resolution relating to the development of a proposed, multi -family building on the
Civic Center site, and I don't have to read the resolution because the administration is aware. I sent this
about three weeks ago, so — and members of the Commission, you also have received this. Commissioner
Gort, it's in your district. If the administration would want to comment on it. And we have the people here
that would explain their plans.
Ms. Dena Bianchino (Assistant City Manager): Commissioner, we would, respectfully, request that this
item be deferred until the second meeting in May. We're currently conducting appraisals on the property. an
environmental study is being done on the property right now. 1 would just like you to know that,
preliminarily, it is our — we're thinking right now that the property is probably worth about one point three
million dollars ($1,300,000), and that the environmental damage to the property will only cost -about five
hundred thousand dollars ($500,000) to fix up, so that — there's a potential here for the City to earn seven
hundred thousand dollars ($700,000) on a sell. I would, again, respectfully, request that we get the
appraisals back, get the environmental, and come back to you at the second meeting in May with a
recommendation and a discussion for your policy direction.
Commissioner Regalado: OK.
Vice Chairman Gort: Thank you, Dena.
Commissioner Regalado: I don't have any problem because it's something that the City will make money.
My only problem is that this has been like this for years and years and years and — well, if it takes this to
move on the issue, I mean, we are in business. But 1 think -- I would tell you that, Dena and Mr. Manager
that. on the second meeting of May, I will try, with the help of the Commission, to do something. It's either
the City will keep it and clean it or it's either they're going to start building that, and I'm — is that.
Commissioner Gort — I mean, it's in the district so...
Vice Chairman Gort: It's your motion, sir. But 1 do believe that the City needs to do something.. We need
to have that lot cleared up. I have a lot of complaints from that lot, the overgrown grass and so on, and the
City is something that should be maintained. I think we — the opportunity should be given to the City to
come back on a second round.
Commissioner Regalado: OK. So — if — I don't know. We have here some of the people...
Mr. Mariano Cruz: Mariano Cruz, 1227...
Vice Chairman Gort: Excuse me. We haven't finished yet.
Commissioner Regalado: No. I don't know. Are you...
Mr. Cruz: Yeah, I'm going to speak about that too.
Commissioner Regalado: OK.
211 April 27, 1999
Commissioner Teele: On the deferral?
Commissioner Regalado: On the deferral? If you want to say something...
Mr. Cruz: No.
Commissioner Regalado: No, no. Mr. Diego is going to say something.
Mr. Thomas Diego: Good evening, ladies and gentlemen. My name is Thomas Diego and I'm here working
with the group that's trying to do something in this property. We're trying to build a home ownership site.
not an affordable housing, where the people who move in, own their property. We're trying to eliminate the
low income neighborhoods within the City. We've been trying to get information this property for quite
some time now? Has been very difficult for us, really. And we noticed a lot of things have been happening
to the property, but nothing really took place, and we're just trying to do something about it and get it
committed. We do have a financial group ready and willing to sit down with us to help make this propem- a
reality. We do have a pollution control group who will help us clean the property and will hold the bill until
we're able to pay for it, when the financial monies in there, and all I say is just, you know, the citizens want
to do something with this property. We'll help that community. We'll help that area. And we just need to
do something with it now.
Vice Chairman Gort: Thank you, sir. You have a recommendation for the staff, I suggest you get together
with this gentleman and let him know what you are up to.
73. FIRST READING: AMEND CHAPTER 2/ARTICLE X1 OF THE CODE ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS," AND CHAPTER 54, ENTITLED
"STREETS AND SIDEWALKS" TO ESTABLISH THE LITTLE HAVANA SPECIAL EVENTS
DISTRICT -- CREATE THE LITTLE HAVANA FESTIVAL COMMITTEE.
Commissioner Regalado: OK. A First Reading Ordinance regarding the creation of the Little Havana
Festival Committee, and Mr. Marban was here and he had some thoughts that — I'm going to tell you,
Commissioners, that that committee is working — is meeting regularly. It's working and it's a committee that
deserves the support of the City. But I think that Mr. Marban had something to say on this ordinance. If
not, I'll move to approve on first reading.
Vice Chairman Gort: Is there a motion? Is there a.second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Discussion?
Mr. Alejandro Vilarello (City Attorney): Commissioner?
Vice Chairman Gort: Being none — OK, hold on a minute. Yes, sir.
Mr. Jose Marban: Yes. I'd like to make clarification...
Vice Chairman Gort: Please, name and address for the record, sir.
Mr. Marban: You probably have two proposals.
212 April 27, 1999
Vice Chairman Gort: Excuse me, sir. Name and address for the record.
Mr. Marban: Oh, I'm sorry. OK. My name is Jose Marban. I'm the Executive Director of Kiwanis of Little
Havana, at 1312 Southwest 27th Avenue. As I was saving. I'd just like to clarify, there's two -- I believe
there's two proposals on the table. One that is at issue. One which is the. I would say, is the J99-37 7, which
does not include as the secondary one, which is a proposal that is going to be implemented in the Coconut
Grove Festival Association. We, at this — our organization never discussed it, that about that mailing that
they're required, things that really — does not really impact as much as Coconut Grove. This is a ne%%
committee. It needs a lot of work. As you know, we're not Coconut Grove. In fact, one of the issue -- and
then I'm going to put a different hat — as Kiwanis — Little Havana, I think you all know what our
organization does in our community. OK. You all know that we are a non-profit organization and we have
been actually contributing to the area from day one as Kiwanis, as a non-profit. There is certain issues that
— impact fee that is mentioned in this committee. Again, we're not profitable. Typically, through the years.
after we do Calle Ocho, all the funds that we raise is going to the Little Havana area and to the community
itself. As we already know, decorations for Christmas are actually put by our organization, which is very
expensive. It's not even 10,000. And we have many other things that we're contributing. What I would like
to have this Commission is grandfather us, as far as that fee, impact fee, and allow us, which we will
continue to do so, as we have done — we just recently put trash cans in the area. But we would like to have
the liberty to, really, make projects that we feel and has contribute in the past and in the future for our area
without falling into the mechanism, which, again, may not be achieving the goals that we have in our
community. So, I expect your support on this issue. Thank you very much.
Commissioner Regalado: I don't have — can we do that, Mr. City Attorney?
Mr. Vilarello: Both ordinances before you have an exemption for those events which were in place prior to
the adoption of this article. That addresses the last issue that he raised.
Commissioner Regalado: OK. So...
Mr. Vilarello: However, if I could address one issue. The committee recommended one of these
ordinances, the one that — the second one that's before you includes a notice provision to notify residents
within 375 feet of the particular festival or event. The reason I made that recommendation is because, at the
May I Ith meeting of the City Commission, you all had before you an ordinance, a similar ordinance,
concerning festivals and events that's coming forward from the Coconut Grove Special Events District. And
that includes...
Commissioner Regalado: Yeah, but who's going to pay for that? Because that — you know, that effort...
Mr. Vilarello: The applicant.
Commissioner Regalado: rm sorry?
Mr. Vilarello: In both instances, the applicant would be responsible to provide the notice and would be
responsible to make sure that it's done and to pay all expenses associated with that.
Commissioner Regalado: But if — in all fairness, if they do Calle Ocho from top to bottom, could they — do
they have to notify like everyone from 4th to 27?
Mr. Vilarello: This would not apply to Calle Ocho. It's exempt from the.requirements because it's a festival
213 April 27, 1999
that's in place prior to that.
Vice Chairman Gort: In other words...
Mr. Vilarello: However, my only suggestion is that. if you have a similar kind of ordinance. that you have
similar kind of notice requirements, and that's why I've made that recommendation.
Mr. Marban: I would like, if I may, please, to remind you that we. "as Kiwanis, we contact ever\ merchant
that impacts the festival and not only did we sent them one notice but several notices. So. our business
sector...
Vice Chairman Gort: You'll comply with it. You'll comply with it.
Mr. Marban: Where it impacts, is all community getting informed.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Regalado: I move to approve on First Reading.
Vice Chairman Gort: OK.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. Would you read the...
Mr. Vilarello: With the notice requirement or without the notice?
Vice Chairman Gort: Thank you, Mr. Marban. Very nice presentation.
Mr. Marban: Thank you. It's been a real learning experience for me, being here since two o'clock. Thank
you.
Mr. Vilarello: With the notice...
Vice Chairman Gort: - About time.
Commissioner Regalado: It has the waiver. It has the waiver, right?
Mr. Vilarello: With the notice requirement or without the notice requirement?
Commissioner Regalado: Without the notice.
Vice Chairman-Gort: Call the roll.
214 April 27, 1999
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER =/ARTICLE XI OF THE CODE
OF THE CITY OF MIAMI, FLORIDA. AS AMENDED. ENTITLED
"ADMINISTRATION/BOARDS. COMMITTEES, COMMISSIONS". AND
CHAPTER 54, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH
THE LITTLE HAVANA SPECIAL EVENTS DISTRICT AND SET FORTH
CERTAIN RESTRICTIONS; TO CREATE THE LITTLE HAVANA
FESTIVAL COMMITTEE AND SET FORTH SAID COMMITTEE'S
FUNCTION AND REQUIREMENTS FOR MEMBERSHIP, TO PROVIDE
FOR TERMS OF OFFICE, FILLING OF VACANCIES, OFFICERS, RULES
OF PROCEDURE, MEETINGS, QUORUMS, AND ATTENDANCE
REQUIREMENTS, ASSIGNMENT OF STAFF, REQUIREMENTS FOR
NOTICES, FILING OF OFFICIAL RECORDS AND THE ANNUAL REPORT,
AND TO PROVIDE FOR THE "SUNSET' REVIEW OF SAID COMMITTEE
EVERY FOUR YEARS; MORE PARTICULARLY BY AMENDING
SECTION 2-892 AND BY ADDING NEW ARTICLE XIl TO CHAPTER 54,
CONSISTING OF SECTIONS 54-440 THROUGH 54-445 TO SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman J.L. Plummer, 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.
Vice Chairman Gort: Anything else?
74. EXPRESS INTENT TO ENACT AN ORDINANCE IMPLEMENTING AMENDMENT NO. 3
PURSUANT TO PROPOSED FLORIDA STATUTE GRANTING AN ADDITIONAL HOMESTEAD
EXEMPTION FOR PERSONS 65 AND OLDER WHOSE HOUSEHOLD INCOME DOES NOT
EXCEED A SPECIFIC AMOUNT. -
Commissioner Regalado: I have a resolution. It's a resolution of the City of Miami Commission expressing
its intent to enact an ordinance implementing Amendment Number III. This is person to propose Florida
Statute, granting an additional Homestead Exemption for persons 65 and older, whose household income
does not exceed a specific amount. This resolution, since it does have an impact on the budget, was sent to
the Manager many weeks ago, and like Commissioner Sanchez was talking at the middle of this meeting, it
215 April 27, 1999
is the will -- I would like only to remind the members of the Commission and the administration that
Commissioner Sanchez was right when he said that 62 percent of the people of Florida %oted to give the
elderly owners some kind of relief, but in the City of Miami. 89 percent of the voters voted in favor of
Amendment Number III. So, I would tell you that the people of Miami really understand the hardship of
these people, so I so move this resolution.
[AT THIS POINT, CHAIRMAN PLUMMER ENTERED THE COMMISSION CHAMBERS AT
APPROXIAMTELY 7:01 P.M.]
Commissioner Sanchez: I'll second it for discussion.
Chairman Plummer: Under discussion.
Commissioner Sanchez: Just a question for Commissioner Regalado. Are you amending the original
language of the bill?
Commissioner Regalado: No, no. No. I'm just saying that whatever the legislature...
Commissioner Sanchez: OK. I second.
Commissioner Regalado: ...approves next week, is where we are going to implement here in the City of
Miami.
Chairman Plummer: Motion understood. All in favor 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. 99-303
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS
INTENT TO ENACT AN ORDINANCE IMPLEMENTING AMENDMENT III,
PURSUANT TO PROPOSED FLORIDA STATUTE 196.075, GRANTING AN
-ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND
OLDER, WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A
SPECIFIED AMOUNT.
216 April 27, 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 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. DISCUSSION CONCERNING PROGRAMMING ON NET 9. (See label 95).
Commissioner Regalado: And last issue is discussion concerning the programming on NET 9. This was
deferred from the last meeting. I know we're running late, but I promise you, I'll be brief. Just a few
questions to the administration. And if — Mr. Manager, .first, do we have information on the budget of the
office?
Mr. Donald Warshaw.(City Manager): While I'm waiting for that, Commissioner, if you tell me what you're
pleasure is, Jorge Luis has a presentation that's a companion to the handout you got, so I don't know if that's
something you want now or you just want a response to the question.
Commissioner. Regalado: No, I just want...
Chairman Plummer: Excuse me. Excuse me. Commissioner Regalado... --
Commissioner Regalado: Excuse me.
Chairman Plummer: ...may I beg your indulgence?
Commissioner Regalado: Yeah, I will.
Chairman Plummer: You have people here of the public...
Commissioner Regalado: I know, I know. I said...
Chairman Plummer. ...and Pd like to put this slide presentation off until after we allow these people to be -
heard and get out of here. -
Commissioner Regalado: Well, if you want to do that, it is fine with me. I don't have any problem.
Chairman Plummer: Commissioner Teele, your items...
Commissioner Regalado: But the problem —just to mention, if we can resolve a problem that we have here.
217 April 27, 1999
Chairman Plummer: All right. Let's try and resolve the problem real quick like and. then. afterwards...
Commissioner Regalado: There is a meeting tomorrow in District 4 regarding the CDBG (Communin
Development Block Grants) funds, and there is a media advisory from the office of Media Relations
informing the media about this public hearing. This is tomorrow at 6 p.m. in Flagami NET (Neighborhood
Enforcement Team). That's what it says here. The problem is that Gwen Warren called our office last %eek
and said that she thought that the meeting should not be held here in the Flagami NET. That it should be
held in the City Hall, and that's what — is that. Gwen, what you expressed to Tony?
Ms. Gwendolyn Warren (Director, Community Development): Yes. When I talked to Tony of your staff.
the concern we have with the location that your office had selected was at — given the other public hearings.
we were averaging anywhere between 80 to 125 people, and the spot that you selected, we couldn't fit that
many people...
Commissioner Regalado: No.
Ms. Warren: ...so, we recommend they come here.
Commissioner Regalado: OK. But that's...
Ms. Warren: Or another location.
Commissioner Regalado: That's the problem, that we are advertising this for Flagami NET and not for City
Hall. This is today's press release.
Mr. Alejandro Vilarello (City Attorney): 1 wasn't aware of that
Mr. Warshaw: We'll have to deal with that right away.
Commissioner Regalado: OK.
Ms. Warren: OK.
Chairman Plummer: Well...
Commissioner Regalado: You want to wait.. Mr. Chairman?
Chairman Plummer: If we could. I mean, I'd like to get...
Commissioner Regalado: I don't mind.
218
April 27, 1999
76. AUTHORIZE ALLOCATION OF RESERVE FUNDS. UNLESS OTHER FUNDS ARE
APPROVED. FROM THE OMNI TAX INCREMENT TRUST FUND AND S300.000 FROM THE
SAFE NEIGHBORHOOD PARKS BOND FOR THE EXPEDITED COMPLETION OF MARGARET 1,
IWiT40171.34
Chairman Plummer: Mr. Teele, do you want to take yours or do you want to wait until after the zoning`,
Commissioner Teele: Well, Mr. Chairman, I think, since vou've taken all of the other four...
Chairman Plummer: I don't think yours will take long.
Commissioner Teele: Yes, that's correct. Thank you, Mr. Chairman. The first one is a resolution allocating
the reserve funds in the amount of four hundred and fifty — what's the number? — in addition to the one
point two million from the Omni tax increment fund, and the three hundred and fifty thousand dollars
($350,000) from the Safe Neighborhood Parks to expedite the completion of the Margaret Pace Park. This
is not in my district, but...
Chairman Plummer: But you are Chairman of CRA (Community Redevelopment Agency) and 1 second the
motion.
Commissioner Teele: And we want to go ahead and move forward with trying to bring this park online at
the same time we bring the new building on line. There's a dispute as to the amount of money. We're trying
to research the record. But, at this point, we agree that it's, how much, four hundred and...
Ms. Julie Weatherholtz (Director, Finance): Well, we agree about the one point two million. The additional
four hundred thousand that we had discussed, we're — that's where we looking at, determining that we feel
that that portion probably is going to be that portion remitted back to the County for their'99 Tif (phonetic)
allocation from the City. That's where we ended that discussion.
Commissioner Teele: Well, why don't we just say, "allocating any reserve funds"?
Mr. Donald Warshaw (City Manager): That's fine.
Ms. Weatherholtz: That would be fine.
Commissioner Teele: All right. And move it that way. And, then, what we need to do again is, please, we
need to get a very clear memorandum to the CRA and to the public as to exactly what they can expect
because the public expectations are totally different from the realities. These people think there's going to
be a lot of money available, which is their tax dollars, by the way. 1 mean, it's all money from the district.
And more and more, the money is, you know, dissipating in thin air, going back to the County for the
Performing Arts Center, which I, you know, tried to say from the very beginning, there is no money left.
The CRA and the City committed all of the funds, including even the administrative funds, to — I mean, its
a dispute about that — as it relates to all of the tax dollars that are going to be raised in the Omni area going
for the Performing Arts Center, and the Finance Office is saying that even the funds that we thought were
available are not available and, so, we're going to have to work through that. Is there a second?
Vice Chairman Gort: Second.
219 April 27, 1999
Commissioner Reaalado: Second
Mr. Warshaw: Commissioner, for the record. on the Safe Neiahborhood Parks Bond money is only three
hundred thousand.
Commissioner Teele: All right. Then three hundred thousand. OK. So, the monies are getting smaller and
smaller. Now, we are making other grant requests.
Mr. Warshaw: Yes.
Commissioner Teele: And the fact of the matter is, just so that it's clear, we've got about a plan that really
has a shortfall of about a million dollars ($1,000,000) for the Margaret Pace Park in round terms. In other
words, the neighborhood has sat down -- this is the Omni and the Grand — these people have sat down and
gone to the table with each other and come up with a consensus plan of soccer courts and fields and those
lighting and those sort of things, and now there's just not going to be enough money, but we're committed to
trying to find the money and I think...
Mr. Alberto Ruder (Director, Parks and Recreation): Commissioner, the plan is about one point seven...
Vice Chairman Gort: OK. There's a motion. There's a second. Excuse me.
Mr. Ruder: OK
Vice Chairman Gort: There's a motion and a second. Discussion. Yes, sir.
Mr. Ruder: The plan- is about one point seven. We have three hundred from Safe Neighborhood. We're
applying for another three hundred on this agenda from FIND (Florida Inland Navigation District), which
would make it six hundred. So, if we get that grant, it would be a shortfall of about one point one so...
Commissioner Teele: All right. But the fact of the matter is, we do get to keep one point two.
Mr. Warshaw: Yes.
Ms. Weatherholtz: That's correct.
Commissioner Teele: And just so that it's very clear, the Commission or the CRA has said, "the priority of
that one point two million will go for this park activity. So, it's not a question of one or the other. I mean,
that is what Commissioner Plummer wants. He represents the district. It's what the neighborhood wants
and, quite frankly, I think we — you know, what we're trying to do is stretch the one point two million
dollars ($1,200,000) so that it's just not going to go in one park and nobody else gets any benefit. 1 mean,
we've got some signage issues. We've got some facade issues. We've got some landscaping issues and the
district is pretty big.
Vice Chairman Gort: OK.
Commissioner Teele: Call the question.
Vice Chairman Gort: Any further discussion? Mr. Joseph.
Mr. Fred Joseph: Well, the only thing I'm asking is that, the Omni Advisory Committee or Board will be
220 April 27, 1999
happy to stay constantly in touch with the Finance Department to know where our funds are going_. Because
with the help of Commissioner Teele. who said. "this is not his district" but he's been a _*rest benefit to u-N.
we want to know that these numbers — you know. even here today. they're not printed right. So. we need to
know those numbers. And I think, at the CRA. you committed the one point two.
Commissioner Teele: Right.
Mr. Joseph: So, that's what we're holding...
Vice Chairman Gort: That's been reaffirmed here today.
Mr. Joseph: Yes, that's...
Commissioner Teele: That's being reaffirmed here today.
Mr.,Joseph: Thank you.
Vice Chairman Gott: That's being reaffirmed here today.
Mr. Joseph: Now, the other, as the Park Department's looking for the bond money, that will help
supplement.
Vice Chairman Gort: That's correct.
Commissioner Teele: But, Commissioner Gott?
Mr. Joseph: But I don't think we got a shortfall, if I may. If we don't have'a shortfall of a million one, then,
if we have the other...
Commissioner Teele: No. Let me try to correct — put it on the record. The million two is available for
Omni park area -- Omni park issues in the Omni, other than the Performing Arts Center. That one point two
million dollars ($1,200,000) is all of the money that the Omni area can expect to see over the next 10 to 15
years, OK? Every year the district will pull out about what, 500,000? How much is it generating?
Ms. Weatherholtz: This year was about four hundred and fifty-five.
Commissioner Teele: About four hundred and fifty thousand. One hundred percent of that money is
earmarked to the Performing Arts Center. So, what we've taken is this strategy. We have a plan that's about
— what is it, Mr. Parks Director, one point seven million dollars ($1,700,000)?
Mr. Joseph: Yes. I'm song.
Commissioner Teele: We have a plan that's about one point seven million dollars ($1,700,000). What we're
trying to do is go out and get grant money. We've got three hundred thousand of grant money. We're trying
to get another three hundred thousand of grant money, and we're trying to figure out if there is any reserve
dollars that can be utilized and we're going to utilize all of those funds before we use any of the one point
six. It is — one point two. It's quite possible that, at the end of the of the day, we'll expend — have to expend
probably seven to eight to nine hundred thousand dollars of the one point two million, but the commitment
that the CRA has made and we're reaffirming today that the one point two million dollars ($1,200,000) will
be available if we don't get any other money.
221 April 27, 1999
Mr. Joseph: To Margaret Pace.
Commissioner Teele: To Margaret Pace.
Mr. Joseph: Thank you.
Vice Chairman Gort: OK.
Chairman Plummer: All right. Let's go.
Commissioner Teele: And it would be very helpful. Julie — Mr. Manager, it we could just do a really good
memo to get circulated that shows where the dollars are and where it's going, as it relates to this...
Chairman Plummer: -Motion made. Motion understood. 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. 99-304
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE ALLOCATION OF ANY RESERVE FUNDS. UNLESS OTHER FUNDS
ARE APPROVED, FROM THE OMNI TAX INCREMENT TRUST FUND
AND $300,000 FROM THE SAFE NEIGHBORHOOD PARKS BOND, FOR
THE EXPEDITED COMPLETION OF MARGARET PACE PARK.
(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.
222 April 27, 1999
77. AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT, WITH MIAMI CAPITAL
DEVELOPMENT. INC. ("MCDI") FOR THE MANAGEMENT AND ADMINISTRATION OF A
$1.000,000 OVERTOWN BUSINESS DEVELOPMENT . PROGRAM; ALLOCATING FUNDS
THEREFOR FOR SAID PROGRAM FROM THE ECONOMIC DEVELOPMENT PHYSICAL
IMPROVEMENTS PROJECT POOL FUND (MINI-UDAG). AND FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS. AS APPROPRIATE.
Commissioner Teele: OK. And the...
Chairman Plummer: Mr. Teele.
Commissioner Teele: The only other resolution is a resolution relating to action taken by the CRA
(Community Redevelopment Agency), authorizing the City Manager to execute an agreement in acceptable
form to the City Attorney with Miami Capital. It should be understood that these funds would be existin;
funds and not new funds. And an additional "whereas" has been added. Whereas, the City Commission
approve the 3rd Avenue Historic Business District corridor on June of 1998. And, otherwise, it would work
toward being an identical program to the Little Havana program, and that is the intent and it's something
we'll ask the Manager to work with the...
Chairman Plummer: And the Manager will monitor the funds.
Commissioner Teele: Through the normal process that Miami Capital has, it's Miami Capital's funds.
Chairman Plummer: No. But I'm saying the expenditure of the funds for the capital improvements.
Commissioner Teele: Yeah, but these aren't capital — these are loans. These are community development
loan funds. -
Chairman Plummer: OK. Motion is understood. The Manager has indicated they have no problem with the
issue. All in favor say "aye."
Mr. Walter Foeman (City Clerk): Excuse me, Mr. Chairman. I need a seconder to the motion.
Chairman Plummer: Motion made by Teele. Seconded by Gort. All in favor say :'aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
223 April 27, 1999
The following, resolution was introduced by Commissioner Teele. who moved its adoption:
RESOLUTION NO. 99-305
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT. IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI CAPITAL
DEVELOPMENT, INC. ("MCDI") FOR THE MANAGEMENT AND
ADMINISTRATION OF 'A $1.000.000 OVERTOWN BUSINESS
DEVELOPMENT PROGRAM, ALLOCATING FUNDS THEREFOR FOR
SAID PROGRAM FROM THE ECONOMIC DEVELOPMENT PHYSICAL.
IMPROVEMENTS, PROJECT POOL FUND (MINI-UDAG), AND FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS_, AS
APPROPRIATE.
(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.
78. COMMISSIONER TEELE DIRECTED TO SCHEDULE CONSIDERATION OF A PROPOSED
RESOLUTION IN CONNECTION WITH LIMITING DEVELOPMENT ON VIRGINIA KEY
CONSISTENT WITH THE COUNTYWIDE DAN PAUL AMENDMENT: FURTHER DIRECTING
THAT ALL INTERESTED PARTIES BE NOTICED TO .BE HERE AT A TIME CERTAIN TO
PARTICIPATE IN THIS DISCUSSION.
Commissioner Teele: Mr. Manager — Mr. Director — Mr. Chairman, two issues. 1 would ask that the City
Attorney place on the next agenda a resolution relating to the Virginia Key — Virginia Park, basically
limiting any development — for discussion. You know, it's going to have to be voted on — any development
that would be inconsistent with the countywide Dan Paul Amendment, which does not apply to the City but
would apply in this case, if I had my resolution to be accepted. And, I think its very, very important that we
begin some discussion on that, and we figure out — otherwise, I think the community needs to hear, and the
management needs to know where we are on that issue.
Chairman Plummer: Well, let's just remember that, on that particularissue; not only do we have the
Environmental Board, we had a special committee; which was studying the issue. We have the Waterfront
Board. We've got a lot of people that are involved in Virginia Key. So,•when you go to discuss it, I don't
think we should be doing it in piecemeal basis. I think we need to bring all of the people together at one
224 April 27, 1999
time. so evervbodv has their right in input and nobody gets an edge one way or the other
Commissioner Teele: And I would accept that as a friendly amendment. that �%-ould ask that all parties be
here and let's do a time certain on it, like at 11 o'clock or something so that we can get it done and...
Chairman Plummer: All right, sir.
Commissioner Teele: And we may not make a final decision. It may be that we don't make a final decision.
but 1 really think that the management needs to know where everybody is on this before we spend a lot more
time.
79. COMMISSIONER TEELE DIRECTED TO PROVIDE HIM WITH A MEMORANDUM
EXPLAINING ENFORCEMENT (CITYWIDE VERSUS BY AREA) OF SALE OF LIQUOR ON
SUNDAYS.
Commissioner Teele: And the only other issue, Mr. Attorney, is that I would like a memorandum from you
regarding the enforcement issues relating to the sell of liquor in — on Sundays in...
Vice Chairman Gort: I thought it was eliminated.
Commissioner Teele: Huh?
Vice Chairman Gort: I was under the impression that. was eliminated years ago.
Commissioner Teele: Well — but, see, this is what really frightens me. How could this all be happening in
just one district? I mean, have we been doing this in other districts? Have we been doing this in other parts
of the City? I mean, all of a sudden we're out there, you know — and I just think the City Attorney ought to
look at this issue and just give us a...
Chairman Plummer: Excuse my ignorance. What is the issue?
Commissioner Teele: The issue is that, apparently, we're going to get sued by a lot of people who feel that
we have violated their rights by...
Chairman Plummer: To sell or to consume or...
Vice Chairman Gort: To sell liquor on Sundays.
Commissioner Teele: To sell liquor on Sundays. People were arrested or were charged apparently — I don't
know this to be true — with a City ordinance that may or may not even be applicable to them. But the issue
to me is, we cannot have selective enforcement. And the real issue that we've got to try to figure out, is this
something that just was done on this or have we had other incidents of this around the City? .
Chairman Plummer: Mr. Manager?
Commissioner Teele: And, really, I don't know, Mr. Manager, if you want to comment on it now because I
think it may have some legal implications but, again, I would ask the City Attorney, in concert with the
Manager the Police Department, to develop that. But, Mr. Manager, I'd like to hear anything you've got to
say.
225 April 27, 1999
Mr. Donald Warshaw (City Manager): I spoke with the police chief this morning. There %gas a store this
morning in the paper. This was basically a grassroots effort by a group of task force police officers assi_ned
to the Model Cities area. who were working on this "Operation Draw the Line." They've been working in
conjunction with the community. They're doing a lot of qualify of life kinds of arrests and initiatives. And.
in this particular case, there was some gray area about that particular portion of the Cite Code, and what
needed to be done to correct it was. But it's.not selective enforcement, but it is by NET (Neighborhood
Enhancement Team) -area. If we do different types of initiatives, like we might do the "Hell Raisers" in East
Little Havana. We might do this "Draw the Line"...
Chairman Plummer: I thought there was a prohibition against the sell of alcoholic beverages before one
o'clock on Sundays.
Commissioner Teele: By liquor stores.
Chairman Plummer: Huh?
Commissioner Teele: By liquor stores.
Mr. Warshaw: Correct..
Commissioner Teele: That only relates to liquor stores. If you go to a Winn Dixie...
Mr. Warshaw: Right. That was the issue.
Commissioner Teele: If you go to a Publix — and, so, what's the difference about Aunt Jamima's store?
Mr. Vilarello: Commissioners? Commissioners?
Chairman Plummer: Well, excuse me. I'm not speaking for it because my biggest problem was, they could
go across Douglas road and buy it, all they wanted, and it was a detriment to our people in the City of
Miami.
Commissioner Teele: J.L., all I'm asking...
Chairman Plummer: All right.
Commissioner Teele: ... is that the City Attorney just look at it...
Chairman Plummer: All right. City Attorney look at it.
Commissioner Teele: ... and we do it...
Commissioner Teele: And the final issue, Mr. Manager. You know, you weren't here during the issue
relating to the garbage; but, in any event, one thing that has come out repeatedly — and this is from the
industry people that I've talked to — is that the committee that you had, chaired by Martinez, has done an
excellent job, and I just wanted to be on record because I think it's important — you know, that's a tough
issue. It's a complicated issue.
Mr. Warshaw: Very.
226 April27, 1999
Commissioner Teele: And nobody agrees on am- of this stuff. but. but there has been some really strum_
sentiment that Mr. Martinez has done an outstanding job in tr. ink to brink all the parties to...
Mr. Warshaw: He has. Thank you very much.
Chairman Plummer: All right. For the record, the blue copy of Mr. Carollo, because the police chief is out
of town, has been deferred. Now, do you want to...
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: ...finish yours up, Mr. Sanchez, or not?
Commissioner Sanchez: No.
Chairman Plummer: OK.
Vice Chairman Gort: I think everybody is finished. Mr. Chairman?
Chairman Plummer: I'm sorry?
80. RECONSIDERING PRIOR DEFERRAL AND ADOPT THE FOLLOWING:
ITEM CA-2 (PROPOSED BID OF MACK SALES OF SOUTH FLORIDA, INC. FOR PURCHASE OF
FIVE SOLID WASTE GARBAGE PACKER TRUCKS).
ITEM CA-3 (PROPOSED BID OF HANDSEL ELECTRIC COMPANY OF FLORIDA, INC. FOR
CITYWIDE PROVISION OF ELECTRICAL MAINTENANCE SERVICES AND SUPPLIES).
ITEM CA-16 (PROPOSED PROCUREMENT OF OFFICE FURNITURE FROM VARIOUS
VENDORS).
ITEM CA-17 (PROPOSED ACQUISITION OF TECHNOLOGY CONSULTING BLUEPRINT
SERVICES FROM MICROSOFT CORPORATION).
CA-18 (PROPOSED PURCHASE OF MULTIMEDIA COMPUTER PROJECTION SYSTEMS. WITH
ACCESSORIES AND SOFTWARE, MAINTENANCE AND REPLACEMENT SERVICES AND
COMPUTER EQUIPMENT FROM PROXIMA COMPUTER PROJECTION SYSTEMS AND OTHER
VARIOUS VENDORS) -
Vice Chairman Gort: I do like to call back on the CA-2, 3, 16, 17, 18. I had my questions answered and I
would like to move it.
Chairman Plummer: All right. That is CA...
Vice Chairman Gort: Two, 3, 16, 17 and 18.
Chairman Plummer- ...2 — all right.
Vice Chairman Gort: Three.
Chairman Plummer: Three.
Vice Chairman Gort: Sixteen, 17, and 18.
227 April 27, 1999
Chairman Plummer: Sixteen. 17. 18.
Mr. Donald Warshaw (City Manager): That would leave 22 as the only item...
Vice Chairman Gort: Right.
Chairman Plummer: No, 22 we've handled.
Vice Chairman Gort: No, we didn't.
Chairman Plummer: Yes, we did. We took up — oh, CA-22?
Vice Chairman Gort: CA-22.
Chairman Plummer: I'm sorry.
Vice Chairman Gort: CA-22.
Mr. Warshaw: That -was the only item left on the Consent Agenda...
Vice Chairman Gort: Right.
Mr. Warshaw: ... that you didn't pass.
Chairman Plummer: Wait a minute. Wait a minute. CA-22 is Professional Service Agreement.
Vice Chairman Gort: I'm not — I didn't get all the answers on that one.
Chairman Plummer: OK. So, that's the one that's still outstanding.
Vice Chairman Gort: That's the one that's still outstanding and has to come back.
Chairman Plummer: All right. Motion made by Commissioner Gort that those matters be' reconsidered and
passed. Seconded by Commissioner Sanchez. All in favor say- "ave."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous ballot.
The following motions were introduced by Vice'Chairman Gort, who moved their adoption:
..._ MOTION ,NO.99-306
A MOTION RECONSIDERING PRIOR DEFERRAL OF ITEM CA-2
(PROPOSED BID OF MACK SALES OF SOUTH FLORIDA, INC. FOR
PURCHASE OF FIVE SOLID WASTE GARBAGE PACKER TRUCKS.
Note for the R ord: Item CA-2• was immediately thereafter passed and adopted
as R-99-306.5.
228 April 27, 1999
MOTION NO. 99-306.1
A MOTION RECONSIDERING PRIOR DEFERRAL OF ITEM CA-3
(PROPOSED BID OF HANDSEL ELECTRIC COMPANY OF FLORIDA. INC.
FOR CITYWIDE PROVISION OF ELECTRICAL MAINTENANCE
SERVICES AND SUPPLIES).
Note for the Recnrd: Item CA-3 was immediately thereafter passed and adopted
as R-99-306.6.
MOTION NO. 99-306.2
A MOTION RECONSIDERING PRIOR DEFERRAL OF ITEM CA-16
(PROPOSED PROCUREMENT OF OFFICE FURNITURE FROM VARIOUS
VENDORS).
Note for the Record: Item CA-16 was immediately thereafter passed and
adopted as R-99-306.7
MOTION NO.99-306.3
A MOTION RECONSIDERING PRIOR DEFERRAL OF ITEM CA-17
(PROPOSED ACQUISITION OF TECHNOLOGY CONSULTING
BLUEPRINT SERVICES FROM MICROSOFT CORPORATION).
Note for the Record: Item CA-17 was immediately thereafter passed and
adopted as R-99-306.8
MOTION NO.99-306.4
A MOTION RECONSIDERING PRIOR DEFERRAL OF ITEM CA-18
(PROPOSED PURCHASE OF MULTIMEDIA COMPUTER PROJECTION
SYSTEMS, WITH ACCESSORIES AND SOFTWARE, MAINTENANCE
AND REPLACEMENT SERVICES AND COMPUTER EQUIPMENT FROM
PROXIMA COMPUTER PROJECTION SYSTEMS AND OTHER VARIOUS
VENDORS).
Note for the Record: Item CA-18 was immediately thereafter passed and
adopted as R-99-306.9.
Upon being seconded by Commissioner, the motions were passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
229 April 27, 1999
The following resolutions were introduced by- Vice Chairman Gort. who moved their adoption:
RESOLUTION NO. 99-306.5
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING TEH
BID OF MACK SALES OF SOUTH FLORIDA. INC., FOR THE PURCHASE
OF FIVE SOLID WASTE GARBAGE ' PACKER TRUCKS FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. AT A
TOTAL -COST NOT TO EXCEED $595.257; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO.
353011, IMPACT FEES, "PURCHASE OF GARBAGE/TRASH TRUCKS
AND CRANES", IN THE AMOUNT OF $397,300, AND CIP NO. 3530-15,
"SOLID WASTE CAPITAL IMPROVEMENTS FY 1999-2003", IN THE
AMOUNT OF $197,957.
RESOLUTION NO.99-306.6
A RESOLUTION ACCEPTING THE BID OF HANDSEL ELECTRIC
COMPANY OF FLORIDA,- INC., FOR THE CITYWIDE PROVISION OF
ELECTRICAL MAINTENANCE SERVICES AND SUPPLIES, ON AN AS -
NEEDED CONTRACT BASIS FOR ONE YEAR, IN AN AMOUNT NOT TO
EXCEED $30,000, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS THEREFOR
FROM VARIOUS USER DEPARTMENT BUDGETS AT TIME OF NEED.
RESOLUTION NO.99-306.7
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE PROCUREMENT OF OFFICE FURNITURE FROM VARIOUS
VENDORS PURSUANT TO MIAMI-DADE COUNTY CONTRACT NO.
1072-1/00, ON AN AS -NEEDED CONTRACT BASIS UNTIL AUGUST 31,
1999, IN AN AMOUNT NOT TO EXCEED $75.000, WITH THE OPTION TO
EXTEND -FOR AN ADDITIONAL ONE-YEAR PERIOD, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.290201.6.850.
RESOLUTION NO. 99-306.8
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE ACQUISITION OF TECHNOLOGY
CONSULTING BLUEPRINT- - SERVICES FROM MICROSOFT
CORPORATION, UTILIZING STATE OF FLORIDA - NEGOTIATED -
AGREEMENT PRICE SCHEDULE (SNAPS) NO. 9731298, FOR THE
DEPARTMENT OF INFORMATION TECHNOLOGY, IN AN AMOUNT
NOT TO EXCEED $50,000; AUTHORIZING THE CITY MANAGER TO
EXECUTE -AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE
NO. 001000.460101.6.340.
230 April 27, 1999
RESOLUTION NO. 99-306.9
A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING THE
PURCHASE OF MULTI -MEDIA COMPUTER PROJECTION SYSTEMS.
WITH ACCESSORIES AND SOFTWARE. MAINTENANCE AND
REPLACEMENT SERVICES, AND COMPUTER PROJECTION SYSTEMS
AND OTHER VARIOUS VENDORS, UTILIZING STATE OF FLORIDA
CONTRACT NOS. 880-001-99-1, 250-040-99-1 AND 252-001-97-1. FOR THE
DEPARTMENT OF INFORMATION TECHNOLOGY, IN AN AMOUNT
NOT TO EXCEED $150,000; ALLOCATING FUNDS THEREFOR FROM
VARIOUS USER DEPARTMENTS.
(Here follows body of resolutions, omitted here_and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolutions were passed and adopted by the
following vote:
AYES: 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. Are there any other matters on the regular agenda? Any other matters on the
regular agenda? Motion to adjourn the regular agenda is in order.
Commissioner Regalado: Is the Commissioners' items also included there?
Chairman Plummer: You mean the pocket items?
Commissioner Regalado: No. I'm still need to do one on the blue.
Chairman Plummer: Let's go to Zoning. We'll come back.
Commissioner Regalado: Right. No. I'm saying, if you're going to adjourn the regular agenda, I still have...
Chairman Plummer: All right. Then, we won't adjourn. Let's go to. Zoning. People here got to catch
airplanes. May be too late for the airplane or whatever it is.
Commissioner Teele: Mr. Chairman? -
Chairman Plummer: They could spend more money here. Spend the night. Stay in a hotel.
Commissioner Teele: Mr: Chairman?
Chairman Plummer: Mr. Teele.
231 April 27, 1999
Commissioner Teele: Would you call the Zoning meeting to order as a new Commission. meeting_''
Chairman Plummer: I shall do such, sir. This is the Zoning agenda for the day of April 26.
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE
REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING
AND ZONING PORTION OF THE AGENDA.)
81 . APPROVE MAJOR USE SPECIAL PERMIT FOR BISCAYNE BAY TOWER PROJECT 1N
ORDER TO ALLOW A RESIDENTIAL PLANNED UNIT DEVELOPMENT CONSISTING OF 358
UNITS WITH 525 PARKING SPACES AND ACCESSORY RECREATIONAL USES FOR
PROPERTY LOCATED AT APPROXIMATELY 501 NE 36' STREET.
Commissioner Plummer: PZ-1. Don't go away, we have got to back to the regular agenda. PZ-1 is 501
Northeast 36``' Street. The applicant is Biscayne Bay Tower LLC. It's a Major Use Special Permit. Will
allow development of residential units and parking spaces. Is has been recommended with conditions by
the Planning Department and... Hey, please, please. I think we are getting too much of a crowd over
here, please. All right. This is in my district, but I can't make motions anymore.
Commissioner Gort: Let me ask a question.
Commissioner Plummer: All right, does the Planning Department want to put on the record what are the
conditions?
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): The conditions are in your packages.
They are pretty much the standard conditions...
Commissioner Plummer: Excuse me, does the Planning Department wish to put them on the record. I
can read.
Ms. Slazyk: There is one that we would like to put on the record...
Commissioner Plummer: Thank you.
Ms. Slazyk: ... that was proffered at the Planning Advisory Board meeting.
Commissioner Plummer: Wait, wait, wait. Hey, guys, are you doing this here? Don't waste your time,
it's going to be over before you get that out of there.
Ms. Slazyk: The... As you know, the property is adjacent to a park and the applicant has proffered at the
Planning Advisory Board meeting that they will improve the adjacent park and maintain it by providing
access lighting in the parking area as determined by the Planning Department. I thought that was
important to put into the record because the park is very important to the project.
Commissioner Plummer: Is that the only condition?
Ms. Slazyk: That's the only one on the record; the rest are in your package.
232 April 27, 1999
Commissioner Plummer: OK. And. is the applicant in concurrence with the conditions imposed"
Lucia Dougherty: Yes, sir.
Commissioner Gort: Move it.
Commissioner Plummer: And, it's a covenant? Is that what you are needing?
Commissioner Gort: No.
Ms. Slaryk: No, no. It's a condition.
Commissioner Plummer: It's not? Now, to what level are they going to do the park? 1 mean, it's really
going to be to their benefit, all right.
Ms. Slaryk: And; to the neighborhood. There is another project.
Commissioner Plummer: Well, I hope they were going to be able to tell me.
Ms. Lucia Dougherty: We have, we -have a diagram of the park as proposed. I will tell you this, the park
is actually owned by...
Commissioner Plummer: Excuse me, your name for the record.
Ms. Dougherty: Lucia Dougherty, 1221 Brickell Avenue. The park is actually owned by FDOT (Florida
Department of Transportation), so we need their permission to do this, but this is what we are planning
on doing.
Commissioner Plummer: So, in other words, all you are doing is landscaping? It's going to be a passive
park.
Ms. Dougherty: Correct.
Commissioner Plummer: And, you are going to maintain it?
Ms. Dougherty: We are going to pay the City to maintain it.
Commissioner Plummer: It's going to be done, that's what I want to make sure.
Mr. Joel E. Maxwell (Asst. City Attorney): Subject to approval of the property owner.
Commissioner Plummer. Of course, that's understood. All right, moved by Gort, seconded by Sanchez..
Read the... It's a resolution:.
Mr. Maxwell: It's a resolution.
Commissioner Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
233 April 27, 1999
The following resolution was introduced bN- Vice Chairman Gort. who moved its adoption:
RESOLUTION NO. 99-307
A RESOLUTION OF THE MIAMI CITY COMMISSION. WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS. A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 5.13 AND 17 OF ZONING
ORDINANCE NO. I1000, FOR THE BISCAYNE BAY TOWER PROJECT.
TO BE LOCATED AT APPROXIMATELY 501 NORTHEAST 36' STREET.
MIAMI, FLORIDA, TO BE COMPRISED OF NOT MORE THAN 358 UNITS.
WITH ACCESSORY RECREATIONAL SPACE AND 525 PARKING
SPACES; DIRECTING TRNSMITTAL OF THE HEREIN RESOLUTION:
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW:
PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR 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.
Commissioner Plummer: It passes unanimously. Item number two. What?
Ms. Roberta Lee: Wait...
Ms. Dougherty: Thank you, very much.
Ms. Lee: ... wait, wait, wait.
Commissioner Plummer: What? Oh, you are an objector?
Ms. Lee: Yes.
Commissioner Plummer: Oh, I am sorry.
Ms. Lee: OK.
Commissioner Plummer: The objectors usually are on this side, but you can stay there since you are
already there.
234 April 27, 1999
Ms. Lee: Well. I don't... OK. well this is the first time I am at a Commission meeting. N1\- name i'�
Roberta...
Commissioner Plummer: All right. hold on. Anyone that is intending to testify in a matter tonight on
Zoning please stand up, raise your right hand and get sworn in. out and around. Mr. Foeman.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE
NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. UNDER
ORDINANCE NO. 105 1 -1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Note for the Record: Required oath administered in Spanish.
Commissioner Plummer: Now in Spanish. That means, if you don't tell the truth, the whole truth and
nothing but the truth, we have a penthouse over at the jail for you. Your name and mailing address.
please.
Ms._ Roberta Lee: My name is Roberta Lee, and I live at 600 Northeast 361h Street. which is a
condominiumcalled the Charter Club directly across the street from the proposed project.
Commissioner Plummer: On the north, on the south side.
Ms. Lee: Yeah, yeah.
Commissioner Plummer: Yes, ma'.am. OK, go ahead.
Ms. Lee: OK. And, unfortunately this is the first time that I have heard about this proposed project...
Commissioner Plummer: Ah, ha.
Ms. Lee: ....even though I live right across the street. And, I am very concerned about it because of what
I think could impact the traffic conditions on that, in that corridor. I don't know if all of you are aware
that there is only, there is an exit ramp from I-95 to Biscayne Boulevard. Behind that exit ramp on
Northeast 361h Street, there is a Stop sign. So, the only way for the residents who live at the Charter
Club, and there is about 450 apartments there, the only way for them to access Biscayne Boulevard is
through that Stop sign. Because, that's the only traffic light on Biscayne... you know, at the corner of
36`h Street and Biscayne Boulevard.
Commissioner Plummer: Well, they can access through 351h Street also.
Ms. Lee: But, there is no traffic light there, OK.
Commissioner Plummer: Oh, OK, all right.
Ms. Lee: And my concern in terms of this proposed project, is that, with another 358 units proposed, that
there is going to be tremendous traffic congestion for the residents of both projects in fact, trying to get
onto Biscayne Boulevard when there is only a Stop sign there, because in the early morning hours, all the
traffic exits on that ramp at Biscayne Boulevard from I-95, to get to downtown Miami or to go north.
235 April 27, 1999
Commissioner Plummer: Let.me ask the department. ,Was there a,traffic study done'
Ms. Slazyk: Yes, it was.
Commissioner Plummer: Was those issues raised by this lady addressed?
Ms. Slazyk: Yes, they were.
Commissioner Plummer: Why don't you tell her so that it might resolve her fears.
Ms. Slazyk: Actually, the traffic study was reviewed by our Transportation Planner who isn't here. He
had some, questions of the consultant that worked on it, and the consultant responded and it was accepted.
Maybe the traffic consultant for the applicant can answer?
Commissioner Plummer: Is the traffic consultant for the applicant here? All right. Sir, could you very
briefly tell us, tell this lady relieving her fairs that it ain't going to happen.
Mr. Richard Eichinger: OK. 'Richard Eichinger with Transport Analysis Professionals, 8701 Southwest
1371h Avenue.
Commissioner Plummer: You ought to get an office in the City. sir.
Mr. Eichinger: I know, it.
Commissioner Plummer: You laugh, I am serious.
Mr. Eichinger: The traffic congestion was... We looked at what the peak hour traffic would be like at
that particular intersection, and in the morning there is only approximately 75 vehicles generated from
this cite to that... to that intersection, to that area. And, we have already contacted Dade County to look
at the timing. We looked at the timing and it can be adjusted easily and help with the congestion at that
intersection.
Commissioner Plummer: Thank you, sir. Ms. Lee, you have further comment?
Ms. Lee: Yes. My'further comment is to address the setback, at least what I saw, you know in the back-
up material that said this project had a setback of five feet from 1-95.
Commissioner Plummer: To the department.
Ms. Lee: I don't, I mean, I probably read that wrong, but...
Commissioner Plummer: What are the setbacks?
Commissioner Gort: That's the department where all the existant....
Commissioner Plummer: They have got to be within, because they are not asking for a variance.
Ms. Slazyk: No.
Commissioner Gort: They are not asking for. a variance or anything. So...
236 April 27, 1999
Ms. Slazyk: It complies with zoning. They are not asking for any variance. I will have to pull up'to see
how manv feet.
Ms. Lee: OK, and the other issues that I have are, during the course of construction even though the
gentleman just before us said there is, I mean, based on the traffic study 75 cars. Seventh -five cars that
pass through, you know don't account for all the construction, you know, vehicles that will be on that site
and all the people building the building, you know as far as parking, etcetera. I mean. I have a major
concern because 1 am an owner in this building and I work downtown Miami. And. 1 have a major
concern along with many of the residents in this building, all right, regarding what's going to happen. not
only after the building is built, but during the course of construction as well as, 1 mean, this is maybe
crazy, but it's seems to me that the building is going to be constructed very close to 1-95. extremely
close, and it's going to be 30 stories high. And, I wonder if anybody has considered what the potential
safety hazards are in terms of constructing this building and what the potential dangers are.
Commissioner Plummer: All right. That, you know, is something that I am assuming, we are not the
professionals. I am assuming that our professionals have looked into the matter, they are satisfied...
Commissioner Gort: My understanding is, they are providing parking spaces and they acquired parking
spaces for the construction from what I have read in here.
Ms. Slazyk: Yes, they meet the required parking and there is five foot setback from the property adjacent
to the expressway, but that's all -that's required.
Commissioner Plummer:- All right.
Ms. Slazyk: Yes, parking during construction will have to be addressed.
Commissioner Gort: Right.
Ms. Slazyk: They have to turn that in before they get their building permit.
Commissioner Plummer: OK.
Commissioner Gort: Mainly what it is in front of us, is to allow them to proceed. They will have to
come back with us and with the specific plans, and one of the things that we require is, where are you
going to put the people that are going to be working on the construction? You have got to provide
parking for them and all this facility. So, this will be coming back to us with the specifics.
Commissioner Plummer: All right, there was a motion by Commission Gort, seconded by Commissioner
Sanchez for approval subject to the commission... conditions outlined. All in favor say "aye."
The Commission (Collectively): Aye..
Commissioner Plummer: Opposed? Show unanimous.
Lucia Dougherty: Thank you, very much.
237 April 27, 1999
8 2 . DENY APPEAL BY RONALD AND DOROTHY LEVENTHAL —UPHOLD ZONING BOARD
DECISION TO PERMIT A PARKING LOT FOR PROPERTY AT 151 NORTHEAST I s' STREET.
Chairman Plummer: Item two is 151 Northeast I` Street. The Erie Corporation. This is an appeal of the
Zoning Board.
Ms. Dena Bianchino (Asst. City Manager/Planning & Development): This item %gill be handled b% the
Law Department.
Chairman Plummer: This is a permit for a parking lot in the CBD (Central Business District). Central
Commission District. Mr. Leventhal, you are the applicant, sir for the appeal. You go first. We'll =iye
you five minutes, sir. We'll give the opposite side five minutes, and you will have time for rebuttal.
Mr. Ronald Leventhal: Chairman Plummer, I want to express to you my sincere gratitude for your trying
to move this meeting along. We flew in yesterday, my wife Dottie and I, so we could be sure to be here
for your 2 o'clock agenda. We are under a court order in a civil matter to produce discovery tomorrow
that has been going on for two years, and if we fail to appear it could be very costly to us, including being
held in contempt. So, I remained tonight, and thank you, for you trying to move this meeting along to be
sure that we make an appearance, let you know that we care to be here. Flew in special to be with you
today. This appeal, and I am going to have to cut it short. We will make the last flight to Atlanta which
is at 8:30.
Mr. Stephen Helfman: Mr. Chairman, before we...
Chairman Plummer: Mr. Helfman.
Mr. Helfman: Just a quick issue. During the swearing in, I noticed that Mr. Leventhal did not rise and
did not take the oath. If he is going to testify, I would like that testimony to be under oath.
Mr. Leventhal: I will. I apologize, I...
Chairman Plummer: Mr. Chair... Mr. Clerk.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE
NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Leventhal: I do.
Chairman Plummer: Sir, let me ask this question. Would it be beneficial to'you to defer until the next
meeting so that you can make that plane?
Mr. Leventhal: I am willing to spend another one thousand dollars ($1,000) and come back for a day..'.
Chairman Plummer: Sir. I am only trying to accommodate...
Mr. Leventhal: Yes, sir.
Chairman Plummer:... it's not to benefit. Then, I will ask the other side if they have a problem with that.
I am just trying to be accommodating, that's all.
238 April 27, 1999
Mr. Leventhal: Yes, sir, we'll be pleased to do that.
Chairman Plummer: Mr. Helfman?
Mr. Helfman: 1 am sure he will be pleased to do that. That will keep us from developing our project
even further. We are absolutely opposed to this. This was an action that was taken by the Zoning Board.
It's proper. If any of you have read...
Chairman Plummer: All right, sir. All right, sir. I am sorry, I tried to make a compromise, it didn't work
sir, proceed.
Mr. Leventhal: Right. I'll proceed, and of course, when Mr. Helfman testifies we would want him to be
under oath, if that's appropriate.
Mr. Joel Maxwell (Asst. City Attorney): Mr. Chairman, if I may?
Chairman Plummer: Mr. Maxwell. Boy, I can't get started here.
Mr. Maxwell: Just for the record. The City Attorney's Office has looked at the appeal in this particular
case and we think it will helpful to the Commission that you appraised that as far as we can determine,
the appellant hasn't raised any judicial issues affecting the Zoning Board's action. They... He's filed a
Notice of Appeal, but in about 16 pages of documents that he's submitted, all of his comments and the
basis of the appeal go to matters that are not the purview of this Commission. The only thing that this
Commission can do is address the Zoning Board's action and whether or not the Zoning Board was
correct or incorrect in granting the Special Exception. The appellant is raising issues that -don't go to
those issues at all. And, unless... I don't know of anything else he's filed, I don't think he has filed
anything. Therefore, the only issue for you to decide today is whether or not the Zoning Board was
correct in issuing the Special Exception utilizing the standards and criteria set forth in the zoning
ordinance. The appellant hasn't challenged any of those. Therefore, I would not think that this would be
a matter that would take you very long.
Chairman Plummer: Mr. Leventhal, you have heard the City Attorney, and of course, needless to say, sir,
you understand we are governed by his opinion. So, sir, do you have any comments that you wanted to
make, or any arguments you wanted to make, sir? Please do them.
Mr. Leventhal: Yes, sir. First, for... in terms of expediting matters of course, I understand that
everything we have filed is part of this record. There is an extensive affidavit as well as the facts. The
Zoning Board errored because the Zoning Board considered an application premised upon fraud, not by
the City, not by any employee of the City, fraud by the applicant. The affidavit, the applicant was filed
last year under false oath. Where I come from, that's a crime. 1 have testified as to facts as to that issue,
that the application was filed at a time, not by an officer of the Erie Corporation, but by a person who
works for Center City Parking and there was no board authority for him to sign the application the day he
signed it. We have put evidence for you consider in that regard. Where I come from, when something is
infected with fraud, whatever you do later doesn't solve it. Further, we respectfully submit the entire
lease process was infected with fraud. We have voluminous documents here which support that. And, I
would really appreciate the Assistant County Attorney not shaking her head while I am speaking. I
certainly wouldn't do that to her. Additionally, we find that the Zoning Board did not have any specific
findings or facts to support the variance. Further, we find that, and I have set forth with specificity that
under the 14`h Amendment there is no basis been made by the applicant to command you to deliver them
239 April 27, 1999
to the variance. For example, no demonstration of hardship by the Erie Group has'been sho,.yn that if tlti,�
variance is not approved. somehow they are harmed as a result. M% understanding is that in zonin_
matters that zonings must be considered from a constitutional standpoint that the applicant must sho%\
that to not be granted what they seek creates a taking. No such evidence was presented or considered by
the Zoning Board. The Zoning Board did not find facts to support the reason they ;ranted the matter and
further, and most of all, in order to expedite, we implore and plead with you to consider something. This
building is an older building. It was once the Chamber of Commerce Building. Many parts of the world.
small buildings, older buildings, quaint buildings are not simply torn down because people milk them for
everything that they can, and then say, gee now it's an eyesore because they make it an eyesore on
purpose. This... In Atlanta we have the Margaret Mitchell House, the Biltmore Theater, buildings and
structures that have been through bankruptcies, have been through fires and restored in the shadow of the
IBM Tower. There is no compelling present need to destroy this building for another parking lot. You
have what I call a people mover system or a Metrorail system which I have got to imagine has cost the
taxpayers of Miami an awful lot of money. is it for the purpose of more cars parking downtown? Or is it
for the purpose of people parking their cars on the out -skirts, in the airways under the expresswa\
system, and using that to come into downtown to go into a structure that is there for offices, and for retail
and for shopping? This building serves one function. It's empty because people neglected it on purpose.
and those people should not be rewarded by being granted a permit to make it into a parking lot. And, we
believe for all the reasons we have enunciated, it is a travesty to destroy every building just to make it a
parking lot, particularly such a narrow parking lot that Central Parking as I have testified under oath in
my affidavit would not even consider building a parking lot on this property using this lift system. This
novel lift system to lift the cars. So, from the economic standpoint, the building being revived would
clearly enhance in'terms of income the multiplier effect in the City, generate more revenue, generate
more of a destination for many people to arrive at, rather than a place to stick more cars. So, we submit
that from an economic standpoint, it's proper to preserve the building and not .give the owners an easy
way out just to have it knocked down. We represent a quarter of the owners. We are willing to put up all
the money to renovate that building. We were just unfortunately, and this is not your problem, in a
position where we had a group where somebody wanted, just inherit what they want could and just milk
it and not put anything back. We believe the matter should be denied as a matter of law for a lot of the
reasons, and I urge that the documents we've read be re... the documents we submitted be reviewed
carefully. But further we submit that the matter should be at a minimum tabled to order us to find a way
to see if this building can be restored. And with that, I do want to try to catch this flight, and I would ask
permission to leave without violating my having been here today, and I'll waive rebuttal, if that's
acceptable.
Chairman Plummer: All right. I only have one question, and he makes the point, and I am not getting
even to the zoning issue, Mr. City Attorney. Did we look into and try and verify if it was in fact, any
fraud involved?
Mr. Maxwell: Sir, the only thing that the administration would do in a situation like this is make sure
that all the procedures of the City were followed. And, as far as we can determine, all the applications
were certified and verified as required. They meet all the disclosure requirements. Question, if there was
fraud in signatures and so forth, and by the way, those signatures were, the ones on the application were
notarized. If there was fraud, I believe it's reme... he would have other remedies, but not against the City
of Miami.
Chairman Plummer: OK. So, in other words, what you are saying is, he would then go through the State
Attorney's Office if fraud is involved?
Mr. Maxwell: What... That's correct.
240 April 27, 1999
Chairman Plummer: OK. Mr. Helfman.
Mr. Leventhal: May I be excused. sir?
Chairman Plummer: Sir, you could be excused.. And, we will so indicate. and you can call tomorrow to
get the results of what this board has done.
Mr. Leventhal: Thank you, and my apologies for having to leave so quickly.
Chairman Plummer: " Sir, I am sorry you have to, but you have got to do what you got to do.
Mr. Leventhal: Thank you.
Chairman Plummer: Mr. Helfman.
Mr. Helfman: Thank you, I'll try to be brief. This has taken enough of all of our time.
Chairman Plummer: Just for the record, since it was questioned. You did get sworn in?
Mr. Helfman: Of course, I did.
Chairman Plummer: Thank you, sir.
Mr. Helfman: I represent the owner of this property, Erie Corporation, and the -majority of its
shareholders. This is a matter that involves disgruntled shareholders who are unhappy...
Chairman Plummer: Speak to the issue.
Mr. Helfman: I am going to, and I am, who are unhappy with the decision with the majority of the
people in the corporation made which is to use this property in a particular fashion. They do not live in
this City, they live in Atlanta. They are about to...
Chairman Plummer: Speak to the issue, Steve.
Mr. Helfman: It is... Commissioner, it is the issue. They have absolutely no standing to be here.
Chairman Plummer: The issue is zoning, not where they live.
Mr. Helfman: It is zoning. There are no allegations that the Zoning Board or anybody in this City acted
improperly. The Zoning Board acted properly, they followed the guidelines and their decision should be
upheld.
Chairman Plummer: OK, thank you. It's been a long day, Steve. OK.
Mr. Helfman: I know that, and that's fine. I...
Chairman Plummer: OK. Mr. Gort.
Vice Chairman Gort: About a week ago we had a meeting in DDA (Downtown Development Authority),
241 April 27, 1999
and one of the biggest concern that was brought up by a lot of the properrowners. in DDA is not ha\ in --
sufficient parking spaces. That there is a need. as a matter of fact. we requested a meeting \N ith Dade
Countv to see how we can educate our communitv so that they can use the peripheral facilities so the-,
can go ahead and park and use the rapid transit. But, unfortunately. that is a process that might tale a
long time, and as you are aware of it, a lot of the empty spaces that were used for parking lots they are
going to be built, and so we are going to be losing a lot of parking spaces. 1 don't have any problem
maintaining and creating another parking building within downtown Miami, so I am ready to make a
motion.
Chairman Plummer: All right, first of all, for the record. To the administration, did you meet all
standards and requirements of the code?
Ms. Lourdes Slazyk (Asst. Director, Planning Department): Yes.
Chairman Plummer: For the record, your name.
Ms. Slazyk: Lourdes Slazyk, Planning Department. And, one thing for the record. he kept saying that
this was a variance and they had to prove hardship, that's absolutely not correct. It's a Special
Exception.
Chairman Plummer: Thank you for the clarification.
Mr. Maxwell: But the question was whether or not the applicant, did the applicant meet all the standards
and criteria?
Ms. Slazyk: Yes, all of the criteria was met.
Mr. Maxwell: And that was on the original applicant?
Ms. Slazyk: Yes.
Chairman Plummer: OK, and I think it's very, very clear that if fraud was involved, it's not our
investigative matter, it's a matter of the State Attorney's Office, and that's where the matter...
Vice Chairman Gort: A civil matter.
Chairman Plummer: All right, Mr. Gott for a motion.
Vice Chairman Gort: 1 move. The motion has to be to reject...
Chairman Plummer: To uphold the Planning and Zoning...
Mr. Maxwell: To uphold... It would be to reject the appeal and...
Vice Chairman Gort:... to uphold the decision of the Zoning Board...
Chairman Plummer: Right.
Commissioner Teele: Second.
242 April 27, 1999
Chairman Plummer: Second.
Vice Chairman Gort: ... and to deny the appeal.
Chairman Plummer: This is a resolution, is there anv further discussion? All in favor sav "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-308
A RESOLUTION WITH ATTACHMENT(S) OF THE MIAMI CITY COMMISSION
AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A
SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
PERMIT A PARKING LOT IN THE CBD CENTRAL BUSINESS ZONING DISTRICT FOR
THE PROPERTY LOCATED AT APPROXIMATELY 151 NORTHEAST FIRST STREET,
MIAMI, FLORIDA; PER PLANS ON FILE WITH A TIME LIMITATION OF 12 MONTHS TO
PULL A BUILDING PERMIT AND; SUBJECT TO THE FOLLOWING CONDITIONS; (1) A
NEW SITE PLAN MUST BE SUBMITTED. FOR REVIEW AND APPROVAL WHICH
MODIFIES THE LAYOUT SO AS TO LOCATE ONE OF THE THREE HANDICAPPED
SPACES ALONG THE EAST SIDE OF THE PROPERTY, AND THE OTHER TWO ALONG
THE WEST SIDE; AND (2) A NEW LANDSCAPE PLAN MUST BE SUBMITTED FOR
REVIEW AND APPROVAL WHICH INCREASES THE AMOUNT AND SIZES OF THE
PROPOSED LANDSCAPE MATERIALS - PARTICULARLY ALONG NORTHEAST FIRST
STREET AND THE SIDES OF THE PROPERTY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman W ifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
243 April 27, 1999
8 3 . SECOND READING ORDINANCE: CHANGE ZONING IN 11000 IN ORDER TO ADD SD-
19 DESIGNATED F.A.R. OVERLAY DISTRICT FOR PROPERTIES LOCATED AT
APPROXIMATELY 3674, 3680. AND 3690 S.W. 26 TERRACE. 3675 S.VI'. 27 STREET AND 2665
S.W. 37 AVENUE.
Chairman Plummer: To the administration, out of a matter of courtesy. I think you should send the
gentleman a copy of what transpired, OK. Item number 3...
Ms. Lourdes Slazyk: ... about the details other than an intense statement and how it's to be applied, but
there were no criteria met, and it's absolutely not true. All zoning changes must comply with this
criteria.
Chairman Plummer: Thank you. Is that it?
Ms. Slazyk: That's it. The rest is in your package, if you have any questions.
Chairman Plummer: All right.
Commissioner Regalado: I have a question.
Chairman Plummer: A question, Mr. Regalado.
Commissioner Regalado: It's not about that place, but it's very close to. It's on a town -hall meeting last
week, with Miami -Dade County Commissioner Jimmy Morales. There were some questions about what
are we going to do with the Tony Romas building. It's...
Chairman Plummer: This is Tony Romas.
Ms. Slazyk: This is Tony Romas, yes.
Commissioner Regalado: This is Tony Romas. OK, what are we going to do...?
Chairman Plummer: It's very close.
Commissioner Regalado: But, what they were asking is, why it's not the City taking care of this. A lot
of homeless and trash as of right now there. So, I -know that whatever we do here...
Commissioner Teele: Let me tell you, I don't know where the attorney is on all... but let me tell you, 1
want to vote on this, and the Jennings case says you can't bring that into a zoning.
Mr. Joel E. Maxwell (Asst. City Attorney): And, he's saying he went over there? You're saying you,
personally? _ -
Commissioner Teele: No, but... What he's saying is that people wanted to know this and the other, and I
just think we need to be careful that...
Ms. Slazyk: At a town -hall meeting.
244 April 27, 1999
Commissioner Regalado: It was a town -hall meeting.
Commissioner Teele: Jennings specifically relates to that kind of stuff.
Mr. Maxwell: That's correct, but in... You are absolutely right. but...
Chairman Plummer: All right, we will get to the basis of the concern of Mr. Regalado a different %%-ay.
Mr. Maxwell: No, Commissioner, if I may? Because Commissioner Teele brings up a good point, and I
think the record... something should be placed on the record right at this time, and that is. I think
Commissioner Regalado prefaced his remarks in such a way that it indicated, at least to me, that when he
was starting to talk, at first, he did not believe that the conversations he had had with people dealt with
this pending application. In fact, I think he was told that. So...
Ms. Slazyk: Uh-huh.
Commissioner Regalado: No, I did not. No, I did not.
Chairman Plummer: Well, that shows to tell you he should not get involved in my district.
Mr. Maxwell: Right, so Commissioner...
Commissioner Regalado: You should have gone to the town -hall meeting.
Vice Chairman Gort: Right.
Mr. Maxwell: So, Commissioner when you had...
Commissioner Regalado: Because I go to, and I take the heat for you.
Mr. Maxwell:. ... when these conversations transpired..:
Commissioner Regalado: I mean, you know, and I said well...
Mr. Maxwell: Commissioner, may I please? Please?
Commissioner Regalado: Commissioner Plummer you know he takes care of the district. I'll be back to
you, tell you what is going on.
Mr. Maxwell: Commissioner, it's .important because, of the Jennings situation that this go on the
record...
Chairman Plummer. This has been a day. _
Mr. Maxwell: ... that in fact, when you made these comments, you did not realize...
Commissioner Regalado: I did not realize that.
Chairman Plummer: No, that's true, and I am not even sure he was sober.
245 April 27, 1999
Mr. Maxwell: ..: that this was a pending matter. and those conversations won't in anyway enter into your
considerations on that matter.
Chairman Plummer: I didn't even know if he, was sober. All right, do we have objectors on this issue'
Ms. Vicky Garcia -Toledo: Yes, we do.
Chairman Plummer: We do have objectors, OK, fine. Ms. Levva we are going to give you. hopefulh,
five minutes. The objectors five minutes?
Mr. John Shubin: We need a little more, because...
Vice Chairman Gort: What's your objection?
Chairman Plummer: Well, let's... Let's stretch it to five and let's see.
Mr. Shubin: OK.
Chairman Plummer: All right, and then you will have rebuttal. This is a second reading by the way, and
for the... For the record, the Zoning Board did recommend it 5-0. And, as we know, this will be a
combination of all lots providing a unified residential development. Oh, it's residential.
Ms. Garcia -Toledo: Yes.
Chairman Plummer: I was... OK. Ms. Leyva, you have five minutes.
Ms. Garcia -Toledo: Good evening, for the record, Vicky...
.. Chairman Plummer: I am sorry, Ms. Toledo, you have five minutes.
Ms. Garcia -Toledo: ... Garcia -Toledo with offices at 2500 First Union Financial Center; and as a point of
information may I inform the Commission that the building is being demolished, as we speak, and it's
been demolished about 95 percent, as we are here today.` As Commissioner Plummer put on the record,
this is the property known as Tony Romas. It's -on 37`h Avenue, and it runs from 26'h Street to 27'h Street,
and there are four lots along 26`h Street. You acted on part of this application last time, two other items
last month. The only item that is before you today, is a request for an SD-19 overlay, and that is referred
to as a Special District Overlay. I would like to take a few minutes to protect the record on this matter by
addressing some issues that are in the file thatare not yet before you. One was a letter from the objector
claiming improper notice. I have an affidavit from the... the individual who prepared the notice stating
the accurateness of that document, of the mailing list, and the accurateness of the address shown for the
objector on that matter. Further, I would also like to put- into the record legal cases controlling in the
State of Florida, amongst them one that specifically says that by appealing before you in this hearing,
even in the case that there might have been problem with the notice, it is cure and, therefore, the objector
waives any issues. For information, the Planning Advisory Board heard this matter and approved it
unanimously, as well as the Zoning Board. The SD-19 overlay that we are requesting is an overlay
district. It does not change the existing district on this property that is C-1, in which permits the
residential development that the applicant is seeking. But, most important, the SD-19 overlay, what it
does, it just changes the F.A.R. permitted on the property. Commercial C-1 normally is one point seven
two F.A.R., the request for this SD-19 overlay before you comes with an F.A.R. of two point five. This
is a special zoning designation and it does not supplant the standards and requirements of the CA zoning
246 April 27, 1999
district which will continue under the overlay district. The fact that these strips of properr . of
commercial property along this corridor of 37th Avenue requires a higher density was in fact addressed h\
the gentleman who is bringing the objection. And. I have a letter that the objector put into the record
before the City of Miami. asking for a higher density on these sites of property when he brought a zoning
change directly across the street from the Tony Romas, where he built and developed a residential
apartment building. And, I read from that letter. "It is practically impossible to develop any decent.
luxury project on a one hun... on a one hundred deep property, foot deep properr. That's why the
change of zoning is anatural thing to do."
Commissioner Teele: Who was that letter addressed to?
Ms. Garcia -Toledo: That letter was addressed to the City of Miami. Planning and... Planning Zoning and
Building Department on April 17, 1995, and it was for the property at 3711-13 Southwest 271h Street.
which is directly across from us.
Commissioner Teele: Show me on the map about where that location will be.
Ms. Garcia -Toledo: The yellow is our property over which the SD-19 overlay is being requested. The
property for the objector is directly across the street from our property.
Vice Chairman Gort: We did change zoning there?
Ms. Garcia -Toledo: Yes, you did at the request of the objector.
Commissioner Teele: And, what did we change it to?
Ms. Garcia -Toledo: 1995.
Commissioner Plummer: What?
Ms. Garcia -Toledo: What did you change it to? He built a residential high-rise or mid -rise fronting 37th
Avenue. In order to get the additional units he wanted to have, he had to buy property into the residential
area and he asked for a change of zoning to that R-2 property to C-1 in order to be able to have a larger
project. Further, the overlay district SD-19, with the two point five F.A.R. that we are requesting already
exists by approval of the City Commission on the 37`h Avenue Corridor. And, .if you will look at our
exhibit, it is five blocks to the north, five blocks to the north, and it's already been built out as a rental
apartment building. Interesting enough that property at 2351 Southwest 37`h Avenue which was built in
1994 was a building that was built by the objector to this application as the contractor and to the best of
our research we have not been able to.find any objection from the objector to that building with a two
point five F.A.R. when he built it, and I have for the record the Building and Zoning Department permit
forms that shows that he was the builder on that property.
Chairman Plummer: All right, are you about fmished?
Ms. Garcia -Toledo: Just about. What we would like to do at this time is just to save a few minutes...
Chairman Plummer: Run the clock so I know how much equal time to give the other side.
Ms. Garcia -Toledo: A few more minutes for rebuttal after the presentation by Mr. Shubin. I would also
like to request that all City records on this matter be adopted by reference and made a part of this record,
247 April 27, 1999
including any expert analysis by your staff as well as the record of the lower board. Thank you.
Mr. Shubin: For the record. John Shubin of Shubin and Bass. 46 Southwest I" Street. I am here today
on behalf of Mr. Lazaro Milton who owns property at 2660 Southwest 37'h Avenue directly across from
the subject property. He is here with me today as is Mr. Milton's planning expert who intends on
testifying, Mr. Jack Luft. Let me be very, very...
Chairman Plummer: Him we know.
Mr. Shubin: We have some very specific...
Chairman Plummer: Excuse me. Is...? Just for the record, is Mr. Luft prohibited under the two years"
Mr. Joel E. Maxwell (Asst. City Attorney): No, sir. We have taken... we have taken a look at that
particular provision of the ordinance and it's been... it's been...
Chairman Plummer: Simple question.
Mr. Maxwell: No. The answer is, no.
Chairman Plummer: Thank you, sir. Proceed.
Mr. Shubin: We have four very specific issues. First of all, I want to incorporate back into the record
two letters that I sent to Teresita Fernandez and Walter Foeman and Alex Vilarello. February 19'h and
March 18'h. The reason why we did not appear in front of the Planning Board or in front of the Zoning
Board is because we did not receive notice. We are not going to address that issue now because time is
of the essence. The specific issue is, we never objected to the C-1 zoning designation. When it was
announced that it was going to be bifurcated ar the last proceeding, Mr. Milton who has C-1 on his
property said "I don't object to C-1. If they want to build a multi -family project at one point seven two
F.A.R., go ahead, do it." We are here today objecting solely to this F.A... this SD-19 overlay district
which is like a wild card. It can... you can apply for two point five F.A.R., a five point 0 F.A.R., a ten
point 0 F.A.R. because there are no standards in the ordinance, and as we set forth you have a provision
in your zoning ordinance 600.4.1.' And, it says when You have a special district there are certain
standards, there has to be an intent provision. There have to be standards so that you just don't have
Willie, Nillie zoning. These standards exists in every other Special District in the City of Miami Zoning
Ordinance, they don't exist in SD-19, and it's our position that any attempt to use SD-19 where the
underlying... where the underlying ordinance is unconstitutional, is a void act. There is one other thing'
that you need to know before I turn it over to Mr. Luft. There is a prohibition on spot zoning. We agree
with Ms: Garcia Toledo. The only other zoning district SD-19 zoning district is five and a half blocks
away. There is no equal zoning district that abuts. We would maintain that this constitutes illegal spot
zoning and it is prohibited as a matter of law. The other issue is, you have a specific provision in your
code that prevents property owners from coming before you and asking for a variance of the F.A.R.
provisions. It's specifically set forth 'in 1901 and 1902 of your ordinance. What this is is a defacto
attempt by using the SD-19, the illegal SD-19 district, this wild card to get a variance of F.A.R. where
that is prohibited. Why is this also relevant. It's also relevant because when you look at Section 600.4
which talks about Special Districts it makes it very clear that applications for Special Districts can only
be prepared by the direction, by the Department of Planning or the Planning Advisory Board. They
cannot be initiated by individuals like the individual applicant. And to allow this individual applicant to
come forward and seek this SD-19 district is illegal. Let me address Mr. Milton. When Mr. Milton
wanted a zoning change, he wanted a zoning change to C-1, he didn't object when they, wanted C-1. He
248 April 27, 1999
is objecting to their attempt to get this illegal F.A.R. overlay which boots their F.A.R. beyond the F.A.R.
of the adjoining properties. He was a contractor on the other side. he had no ownership interest. If you
don't believe me, you can ask Mr. Milton. 1 would now like to turn it over to Jack Lufi.
Mr. Jack Luft: Jack Luft. 1900 Tigertail. Miami, Florida. For the record, 1 have 30 years experience in
the business of planning and a Masters Degree in Urban and Regional Planning. I have been asked to
look, specifically, at the SD-19 ordinance, how it is constructed and how it is being applied in this
particular instance. My review of the SD-19 provisions and Ordinance 11000 as amended reveal several
deficiencies in the ordinance that in my opinion call into question its validity. I have concluded that SD-
19, as written, violates your zoning code requirements set forth in Article VI for the creation of SD
districts, generally. Moreover, the SD-19 district have a...
Mr. Stanley Price: Excuse me. Mr. Chairman, Mr. Chairman, if I may? I have no question that Mr. Luft
is an expert in the area of Planning and is experienced in the City, but he is now been rendering two legal
opinions within the last 30 seconds and I question his ability as a planner to... to rule on the
constitutionality or validity of an ordinance.
Chairman Plummer: Mr. Price, you will have that right to object in your rebuttal, sir. I would, please ask
you to allow Mr. Luft to continue and complete his presentation. Sir, we will give you all the right to
object to anything he said when you have your rebuttal.
Mr. Shubin: Thank you.
Mr. Luft: I never used the term "legal", I said it does not apply with your own ordinance requirements
for the creation of districts. Moreover, as applied in this specific instance, this rezoning application
before you fails to establish sufficient basis in special and substantial public interest to warrant its
approval. SD-19 overlay addresses one of the two most substantial aspects of your zoning regulations,
namely florae [phonetic] ratio or the control of intensity of development. The City is vested with the
power to regulate the private use and intensity of land and development through zoning to protect public,
health, safety and welfare. Such power could only be exercised within parameters of duly prescribed
objective standards and procedures that assures each application meets a rational and fair test that is
applicable alike to all property owners. The SD district general provisions in Article VI clearly mandates
that each special district created must either have a specific existing or proposed character in the area that
it's applied. There has been no mention or addressing of that issue; or that individual buildings or
grounds warrant protection. it does not apply in this case, or that some specific, and I am quoting "special
public purpose" as enunciated requires, requires modification of the underlying district. There has been
no special public purpose enunciated for the SD-19 modification. The intent clause of SD-19 does not'
state any basis and special public purpose or interest for which the district is established. I would like to
read you the intent clause of SD-19. Quote "Specific areas within the City, including the Civic Center on
the South side of U.S.1, west of 17`h Avenue, the area south of Coral Way, on the east part of Douglas
Road, and the area bonded by Northeast 40' Avenue and Biscayne Boulevard between 18'' and 20'' Streets
have been appropriately zoned with the specific sector number." That's your intent clause. I would
submit to you that my reading of that is not an intent clause. I can find no intent whatsoever.
Chairman Plummer: All right, sir. Does that conclude you?
Mr. Luft: No, it does not. Neither does there exist any standards or guidelines for how or where to apply
SD-19 and by what degree F.A.R. may be appropriately varied. It is quite possible under SD-19 to grant
a double, tripling or quan-tripling of, or more of F.A.R. or alternatively cutting it by a factor of three or
four. There is no way to relate the application of this district in any predictable way to the
249 April 27, 1999
comprehensive master plan. SD is. SD-19.is indeed a powerful tool. and 1 can see where the City \\ould
want to preserve this tool as a flexible, straightforward way to control or stimulate development. But.
SD-19 is far too powerful to be left as a floating district without a coherent intent clause. \\ithout
standards or criteria for its application. without justification and any special public purpose. and without
a rational stated relationship to the implementation of master plan policies. ,Let's look at just one
instance of how the SD-19 impact on the application can be significant. The P and Z (Planning and
Zoning) agenda package of October 5`h' provides two findings with respect for the justification of SD-19
on Douglas Road. That SD-19 will allow an increase in F.A.R. to two point five to develop the entire site
as one project. That's one justification, and the second one is, that there is a precedent in the area
already stated by the applicant along 37t' Avenue, for the same development trend. In my opinion, there
is nothing here that even remotely establishes a special.and substantial public interest. It is certainly not
clear how an increase in F.A.R. fosters the development of the site as one project. If that's the case why
not an F.A.R. of three, or four? The more intensity the more unified the project. Obviously, that makes
no sense. But, this does raise the question of why isn't an F.A.R. proposed? And, I believe the answer is
simply, that's what the property six blocks to the north was granted. Further suggesting that this change
is indeed precedent driven. The assertion that there is a precedent for the, in the SD-19 area...
Chairman Plummer: You have 30.seconds, Jack.
Mr. Luft: ... is hardly a statement of special and substantial public interest. It is, however, an open-
ended invitation to every other C-1 property fronting on Douglas Road to claim their perceived right to,
at least, this same 45 percent increase in F.A.R. Should this pass, it would be hard to deny any 37`h
Avenue property for similar increase given the rationale that has been used for this one. But let's look at
the impact on an increase. The September P & Z package goes on to state that respective to concurrency
impacts of this increased zoning intensity, quote "the excess capacity of the sanitary sewer system, if any
is not known. Permits must be -issued by Miami -Dade Water and Sewer." We don't know, no one knows
if a 45 percent increase on this property or much more significantly, the other properties that will wait in
line has, poses any capacity issues for sewers in this area. Assuming that there is a sited precedent
argument is sufficient to extend SD-19, it will raise, you can be assured, transportation, water, school and
public safety infrastructure impacts, and I doubt that these have been studied. The point I am making
with SD, SD districts have been applied to area wide... -
Chairman Plummer: Jack, Jack, let's wrap it up. You asked for ten minutes, you have now gone twelve,
all right. So, let's go ahead.
Mr. Luft: SD districts have been applied area wide, following planning studies on Bayshore Drive, in the
Civic Center wherever. They are not appropriate when you come in on a lot by lot basis for applicants
without finding of public purpose. In this case, there is no need that's been identified for this change.
And, to make matters worst, and this is a big concern, your ordinance does not even require a site plan
review for SD-19 or a special plan approval for projects that are granted up front, major increases in bulk
and intensity. You routinely require review and public hearing approvals for planned unit development
floating zones or for even bank drive-in tellers. But here we are granting huge F.A.R. increases solely for
the asking, no fair knowledge of how the impacts will be granted, no standards, no criteria, no review, no
public input and consequences. The consequences to the neighborhood community, I can predict are
going to be far reaching in the absence of any area wide study and are presently not understood. I believe
that your SD-19 district needs to be redrafted.
Chairman Plummer: All right, let me ask the department because he makes a good point, and I want an
answer. What is the justification for the increase in F.A.R?
250 April27, 1999
Ms. Slazyk: OK. there are a couple things that...
Chairman Plummer: Tell me.
Ms. Slazvk: OK, the... If you look or listen to what he's saving when he read...
Chairman Plummer: First let me ask one question. Is it locked in at two point five?
Unidentified Speaker: No.
Ms. Slazyk: Two point five is what they are requesting on this piece of property.
Chairman Plummer: But, if in fact granted, are they locked in and cannot go beyond that?
Ms. Slazyk: There. are, their base F.A.R. would be two point five. If they were to come in...
Chairman Plummer: Don't tell me... You know, please answer my question.
Ms. Slazyk: There are bonuses.
Chairman Plummer: Are they locked in at a maximum of two point five?
Ms. Slazyk: Not necessarily, is the answer.
Chairman Plummer: Why not?
Ms. Slazyk: Because there are... There are other ways to get bonuses.
Chairman Plummer: Well, excuse me, then what are they locked in? As he said, the gentleman made the
comment, is it an F.A.R. of ten?
Ms. Slazyk: No. It's two point... Their base would be locked in at two point five.
Chairman Plummer: That's what I just asked and you said "no."
Ms. Slazyk: Because they could raise it using bonuses for other things. But the base is locked in at two
point five, yes.
Chairman Plummer: OK, all right, now...
Ms. Slazyk: OK, now...
Chairman Plummer. Tell me what is the justification of allowing them to go 45 percent higher than they -
would normally not be allowed to do?
Ms. Slazyk: OK, the intense statement of SD-19, which was read into the record specifically, calls for
the area south of Coral Way on the east side of 37`h Avenue which is where this property is located, as
one that this Commission approved for qualification for the SD-19, when they approved the creation of
the special district.
251 April 27, 1999
Chairman Plummer: That was to get even with Coral Gables. OK.
Vice Chairman Gort: If... That was the reason-whv we had to. My understanding is. Coral Gables. the%
would have built whatever they wanted to and we were limited. "
Ms. Slazyk: There... Yeah. The
Chairman Plummer: Concrete wall to a concrete wall.
Ms. Slazyk: The City identified areas in the creation of SD-19 where it would be applicable and this
happens to be one those corridors. There was also a statement made about density. This does not change
the underlying density of the property which. is 150 units per acre. That's governed by the Comp Plan
and it's not being affected by this request. This just gives them more F.A.R. They can do biager units.
not more. OK, it's just F.A.R. Another one of the statements that was put into the record was the
violation of six... Article VI, Section 600.4, that, specifically, says that recommendations for creation of
SD zoning districts shall be prepared only by the Planning Department and Planning Advisory Board.
They are not creating one, they are simply applying it to a piece of property. So that argument doesn't
apply in this case. The other thing they said is that they felt this was spot zoning...
Commissioner Teele: Say that one more time again.
Ms. Slazyk: OK. The recommendations for creation of SD zoning districts shall be prepared by the
Planning Department or the Planning Advisory Board. That is, if you want to create a brand new special
district, you identify an area of the City and you want to create a new district for it. That's done by the
Planning Department. They are not creating anew one here, this one exists, it's in the Zoning Ordinance.
They are simply asking that it be applied to. their property because they" are eligible. They are in the
corridor of the City that has been identified -as eligible for this SD-19. And again, the density doesn't
change. Also, the spot zoning argument, that doesn't apply on this piece of property. They don't have to
be adjacent to this district because theymeet the size requirements for a zoning change. They don't need
to be adjacent to another SD-19 to ask for it. And, typically with overlay district, they don't need that
anyway because the underlying zoning district doesn't... it doesn't change, underneath it's C-1. So,
they... This is an overlay district, so it's a little bit different in that respect, but they meet the size
requirements and the zoning administrator said they qualified.
Chairman Plummer: All right, you have got two minutes to wrap up.
Ms. Slazyk: That's all 1 have to say.
Chairman Plummer: Oh, no, no, the applicant.
Mr. Shubin:, Can I ask her two questions?
Chairman Plummer: Through the chair, go ahead.
Mr. Shubin: Ms. Slazyk, can you identify for me as required by Section 600.4, where in the intense
section or where in the SD-19 section does it contain information concerning the areas, buildings and
premises proposed for the regulation?
Chairman Plummer: Are you prepared to answer?
252 April 27, 1999
Ms. Slazvk: Well. the area is in the intense statement. It is the area'of Coral Way. the area south of
Coral Wav on the east side of Douglas Road. 37`h Avenue. That's the answer...
Chairman Plummer: That answers the question. Your second question.
Mr. Shubin: Let me read you one paragraph from the intense section of SD..: and I am...
Chairman Plummer: Sir, you asked her to answer the question. She's done it, now...
Mr. Shubin: It relates to this intense section and this is a quasi judicial proceeding, this is going to go
into court and we need to make our record. With all apologies.
Chairman Plummer: All right, sir.
Mr. Shubin: The SD-17 intense section says "it is the intent..." No, this is SD-17. This is another
special district that does comply with your own ordinance. It says "it is the intent of these special district
regulations that future public and private development shall respect and enhance this character preserving
area -wide property values and enhancing Coconut Grove's desirability as a place to live and work." It
goes on and on and on. And, SD-19, all it is, is a property description. Since 1 only have a minute, my
client wants to speak, let me turn it over to Mr. Milton.
Chairman Plummer: Mr. Milton.
Mr. Lazaro Milton: Yes, my name is Lazaro Milton. My address is 3711 Southwest 27'h Street. I am a
developer, the same as Mr. Sol C. Mandel, the applicant. And, a few years ago I was here requesting a
change of zoning. I bought the property across the street from him which was only 100 foot deep, which
I really have a situation of hardship in the development of that building. I bought the property in the rear
that was a duplex property and I got the rezoning, the rezoning of approval by the board. At that time, all
what I did was to build my building with conformity with the Code, with the... I use the... 172 that is
what is allowed by the Code to produce my building. The... I am doing another building also in Coral
Way which I don't have any hardship, I am using the F.A. Ratio 172. 1 don't have to apply for anything
more because I don't have any hardship. It's no reason whatsoever why the applicant, he doesn't have
any hardship whatsoever, is requesting an F.A. Ratio of two point five. As a matter of fact, 1 saw the
case that his lawyer sent me to my office, and he is planning to put a 17-story building in the area, right
across the street from my property. That is not in conformity with any of the buildings in the area there,
all like six, eight story buildings. Why? He doesn't have any hardship. Why the Commission, are going
to give him a F.A. Ratio of two point five. I mean, he's not leaving any open area at all, he's just
building the entire side. And, I don't think also that this is fair competition. He's, we are giving to him
something that was not given to me. I mean, if the two point five is something that you are going to give
to other developers, you better put it in the Code. I think his application is unfair and his building is not
in conformity with the rest of the building in the area. Thank you very much.
Chairman Plummer: Thank you, sir. In rebuttal. : ..
Mr. Price: Thank you, Mr. Chairman. Stanley Price, 2500 First Union Financial Center, I am Ms.
Toledo's partner, when working on this matter. Just very, very briefly: The points that were raised...
raised this evening were the same Brickell Avenue case which is a case that was brought against the City
back in the early 80's, in which a portion of your Zoning Code was stricken by the courts as a result of no
ascertainable standards. I had the pleasure of rezoning Hamilton on the Bay twice as a result of that
decision, but when the... when this body enacted the new Zoning Code, 1100, they specifically placed in
253 April 27, 1999
the codes specific ascertainable standards which apply to each and even application. and that's found in
Section 22-10 of your code. And, those findings which are 16 findings, must be made b\ your Zoning_
Board, must be made by this Commission in determining the appropriateness of an application. In
addition, the reason that argument fails by the other side this evening. is that since the same Brickell
Avenue case, we now have concurrency regulations within your Cite in which ever\ applicant must
comply with. There was complaints that our sewers may not have sufficient capacity. If the\ don't, we
either place additional capacity on site or we don't get an appropriate building permit for that site. So.
with the change ascertainable standards with the concurrency regulations which are now in effect in the
City, that is a basis why this is a different situation in terms of that question of whether you have
sufficient standards in your code. And, let me -say finally, I have a lot of respect for Mr. Luft, I have
dealt with him for many, many years. But, I find it a little ingenuous that he comes here to tell you that
an ordinance which he administered, when he was part of this City, I am sure he would have some
recommendations and some memorandums here that he sent to the City Attorney's Office telling him,
you better redo this ordinance because you are going to be .challenged some day. I haven't seen that. I
don't believe he has the ability to testify as to the legality of ordinances, and if he questioned the
wisdom, why didn't he question them when he administered them for the City? Thank you.
Chairman Plummer: All right, Mr. Luft, you name has been mentioned. Go.ahead. Very briefly.
Mr. Luft: I left the Planning Department in 1990, I did not return until '95. This ordinance was written
on or about '91 or '92, I was not there. As Ms. Slazyk will tell you, as we worked together, there are
many occasions when we internally found difficulties with the Code. We, ourselves, whether it was
noise ordinances and airplanes or whatever, we did the best we could to correct deficiencies as they arose
as we uncovered them, as they came before us. It's a very big Code. It's a very complex one. I had no
occasion to deal with or confront the specifics of SD-19 or to question whether or not met the standards.
If I had, I would have raised these same questions. It may have been an oversight or an omission because
I wasn't dealing with it, but it certainly wasn't duplicity or disingenuous on my part to say, "1 should
have corrected it when I knew about it then" because I didn't know about it then. I wasn't addressing it
then and I didn't write it.
Chairman Plummer: The public hearing is closed and it is now up to the Commission.
Chairman Plummer: It's your district.
Ms. Slazyk: I just have one more comment. Mr. Milton put a comment in the record about hardship on a
zoning change. 1 just want to say that hardship is'not -one of the criteria. This applicant does not have to
prove that.
Chairman Plummer: Thank you. The floor is open to the Commission.
Commissioner Teele: Look, let me...
Chairman Plummer: Mr. Teele.
Commissioner Teele: Let me just understand one thing from staff. What is this really all about? 1 mean,
is this about the fact that...? What do you think this is really about? Why is there such an opposition
given the fact that we all recognize the difficulty in developing these sites...
Chairman Plummer: Be careful.
254 April 27, 1999
Commissioner Teele: ... that don't have the necessary depth? is this...?
Ms. Slazyk: Eh. I...
Commissioner Teele: I mean. am I out of line to ask a question?
Vice Chairman Gort: You don't have the slightest idea.
Chairman Plummer: She doesn't have the slightest idea.
Ms. Slazyk: I can't speculate.
Mr. Maxwell: I think the only thing that she would be competent to respond to you on. Commissioner
would be whether or not it comports with the requirements of the zoning code. As to speculations about
why it may he before you, I don't think that's something that she should go into other than to appeal it.
Chairman Plummer: The floor is open for a motion.
Commissioner Teele: If this were a C-1...
Chairman Plummer: It is a C-1.
Unidentified Speaker: It's an SD.
Commissioner Teele: Well, it's actually... It's actually an SD isn't it, SD-19 with a C-1.
Chairman Plummer: C-1 being asked for an SD.
Ms. Garcia -Toledo: Are you asking me? The answer to that is, it is both.
Chairman Plummer: Excuse me, the public hearing is closed.
Ms. Garcia -Toledo: Oh, I am sorry, I thought...
Chairman Plummer: Did he ask you a direct question?
Ms. Garcia -Toledo: Yes.
Chairman Plummer: Oh, I am sorry.
Commissioner Teele: I tried to.
Chairman Plummer. I am sorry, I apologize.
Ms. Garcia -Toledo: The C-1 is the underlying district. It is what... It is right now. The SD overlay
district, all it does is grant that little extra F.A.R. between the 172 that -comes with the C-1 and the two
point five that we are requesting for the overlay. It gives us an additional F.A.R., but both zoning
districts would appear and continue to govern that parcel.
Commissioner Teele: And, sir, could you just very briefly.
255 April 27, 1999
Mr. Shubin: Let me partially answer, partially what this is about. Commissioner Teele. wu sat on the
County Commission. you saw me lots of times.
Commissioner Teele: Please don't hold it against me.
Mr. Shubin: In Dade County, when someone requests a rezoning you all passed an ordinance that said
you have to have a site plan. So, when people live nearby a rezoning...
Commissioner Teele: Would you be satisfied if we impose as an additional condition, the approval of a
site plan.
Mr. Shubin: We would like to see the site plan, we have never been able to see it. We don't kno%\ %\ hat
he is going to build there and he's asking for unlimited F.A.R.
Commissioner Teele: Mr. Attorney, could that be an additional condition?
Mr. Maxwell: Well, you are authorized to imply reasonable conditions as you see fit, reasonable
conditions.
Commissioner Sanchez: Reasonable.
Commissioner Teele: But the site plan... Wait a.minute now, listen to me. A site
Mr. Maxwell: This is a rezoning, and normally... This is a SD-19, it's a rezoning. It's not a special
permit or anything like that, ,and I don't think this will be the time to review a site plan. It will be when
they will come in for permits, building permits or whatever they need in addition to that, if any would be
necessary at that point.
Chairman Plummer: All right, the floor is open for a motion.
Mr. Maxwell: May I?
Commissioner Teele: In other words, an additional F.A.R. allows them to go a lot higher. [phonetic]
Ms. Maxwell: I think what Ms. Slazyk testified was that they could get bonuses. There is a potential that
they could come in for bonuses and other options that may allow them to go higher... to go to a higher
F.A.R.
Ms. Slazyk: Then, then, it would come to this Commission because all of the bonus provisions that they
would qualify for require Major Use Special Permit.
Commissioner Teele: So, they would have to come back here?
Ms. Slazyk: They would have to come back here if they wanted to do a PUD or an increase affordable
housing trust fund bonus. They would definitely come here because it's a Major Use Special Permit.
Mr. Maxwell: Mr. Chairman...
Chairman Plummer: The floor is open for a motion. How long are we going to believe this?
256
April 27, 1999
Mr. Maxwell: Mr. Chairman. I just need to, if I may? I didn't mean to...
Chairman Plummer: Mr. Maxwell.
Mr. Maxwell: I didn't mean to inadvertently slight anyone, and when Commissioner Teele asked me the
question, I said the only thing that Miss... I said, competent to testify. I meant legally competent to
testify on this subject, not competent to testify on.
Vice Chairman Gort: Mr. Attorney, you are telling me that this is illegally in front of us and this has
been approved by the Commission. Let me tell you, by the Zoning Board and Planning Board. The only
reason we created this is because we saw all the development that was taking place west of 37" Avenue
and we were limited ourselves, and all the developments that were taking place and right west of. right
across the street from us, we were not taking advantage of it. For that reason, we created this special
district. 1 don't have any problem. I move forward. I move it for approval.
Commissioner Teele: Second the motion.
Chairman Plummer: There is a motion made to approve, seconded by Commissioner Teele. It is item
three on second reading. Mr. City Attorney, read the ordinance. All right, motion understood. Call the
roll.
Commissioner Teele: Mr. Chairman, let me just say...
Chairman Plummer: Mr. Teele.
Commissioner Teele: ... before I vote. I find it very stimulating when we have very confident experts
and persons to come before us, and Mr. Luft. I think, you know, you certainly demonstrated why you
served so admirably in the City. I want to commend you, your testimony has made this a very difficult
case to really try to get my hands around. I hope we will see a lot more of you in the' future, and I am
voting, yes.
Chairman Plummer: Thank you, and you two will meet in court.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO. 42 OF
THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION 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
SOUTHWEST 267H TERRACE, 2665 SOUTHWEST 37" AVENUE, AND '
3675 SOUTHWEST 27' 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.
257 April 27, 1999
passed on its first reading, by title. at the meeting of October 27. 1995. was taken up tier its
second and final reading. by title.. and adoption. On motion of Vice Chairman Gort. seconded b\
Commissioner Teele, the ordinance was thereupon given its second and .final reading by title. and
was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11788.
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.
3 4 ..: FIRST READING ORDINANCE: CHANGE ZONING IN,, 11000, FOR THE PROPERTIE'.
-OCATED AT APPROXIMATELY 3435, 3441. 3445 HIBISCUS STREET IN ORDER TO ADD SD
12 BUFFER OVERLAY.DISTRICT.
Chairman Plummer: Item four, 3435, 3441, 3445 Hibiscus. Dr. Simpson.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): This is a change of, to apply the SD-12
overlay to the subject property.
Chairman Plummer: Is there a motion?
Commissioner Teele: -So moved, Mr. Chairman.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Teele, seconded by Gort. Read the ordinance.
258
April 27, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION. WITH
ATTACHMENT, AMENDING PAGE NO. 46 OF THE ZONING ATLAS OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION IN ORDER TO ADD SD-12 BUFFER OVERLAY
DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3435,
3441 AND 3445 HIBISCUS 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 Vice Chairman Gort, and was passed on
first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None. _
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
8 5. CONTINUE CONSIDERATION OF ITEM PZ-5 (PROPOSED SECOND READING
ORDINANCE TO AMEND 10544 BY CHANGING LAND USE DESIGNATION FOR PROPERTIES
LOCATED AT APPROXIMATELY 3680 N.W. 11 STREET AND 1021 N.W. 37 AVENUE FROM
MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL; AND ITEM PZ-6
(PROPOSED SECOND READING ORDINANCE TO CHANGE ZONING DESIGNATION FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3680 NW IIT" STREET AND 1021 NW 37'"
AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL.
Chairman Plummer: 3680 Northwest I Ph Street and 1021 Northwest 371h Avenue.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department) Second reading.
Chairman Plummer: Second reading.
Chairman Plummer: Move it.
Chairman Plummer: Moved by Commissioner...
Ms. Vicky Garcia -Toledo: Excuse me.
259 April 27, 1999
Chairman Plummer: Excuse me. your name please.
Ms. Garcia -Toledo: For the record. Vicky Garcia -Toledo. 2500 First Union Financial Center.
Commissioner. we are going to need a deferral of one month on this matter. on PZ-5 and its companion
item PZ-6. We were unable to get a joiner (phonetic) on a covenant that Commissioner Gort had
requested some time ago, and we are going through refinancing...
Vice Chairman Gort: Move for deferral.
Ms. Garcia -Toledo: ... the property because the previous bank refused to sign the joiner.
Chairman Plummer: Mr. Gort moves to defer five and six.
Mr. Slazyk: May 25'h.
Chairman Plummer: May 25'h is fine. A date certain.
Commissioner Teele: Second.
Chairman Plummer: Move to defer five and six.
8 6 '. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000. BY
CHANGING ZONING .DESIGNATION FOR PROPERTY LOCATED. AT APPROXIMATELY 6201
BISCAYNE BOULEVARD. 620 N.E. 63RD STREET AND 629 N.E. 62ND STREET ,IN ORDER TO
ADD SD-12 BUFFER OVERLAY DISTRICT.
Chairman Plummer: All right, we are now on PZ-7. PZ-7 is 6201 Biscayne Boulevard. 620 Northeast
63`d Street and 629 Northeast 62"d Street.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): This is a second reading to add an SD-12.
Chairman Plummer: This is second reading for SD-12 buffer overlay. Is the applicant Yeong Yuh Shem,
Yu Ching Shen present?
Mr. Nevelle Chan: No.
Chairman Plummer: Well sir, you arise for what reason?
Mr. Ching: Mr. Ching. I am the engineer on the job. My office is the engineer.
Chairman Plummer: Sir, I don't know if you can speak on their behalf, sir.
Mr. Joel E. Maxwell (Asst. City Attorney): He can if he's authorized. I don't know if he's...
Ms. Slazyk: No. The attorney was here and had to leave and he said that the engineer would be here if
you had any questions.
Chairman Plummer: This matter is deferred until May the 25'h. They can't...
260 April 27, 1999
Mr. Maxwell: You can...
Vice Chairman Gort: We can move.
Mr. Maxwell: You can act on it. You can act on it, if you like. This is a regular ordinance. You can act
on it in the absence of the applicant, but this gentleman, you...
Chairman Plummer: Well, I have got...
Mr. Maxwell: If you have... This gentleman cannot represent the property owner. He can only respond
to your questions because he is not registered as a lobbyist.
Ms. Slazyk: Yes, we are recommending approval, and it was approved by the lower board.
Vice Chairman Gort: The second reading is being moved and the first reading... there is no opposition
here from the northeast, if there would have been any opposition, you know they'll be here, a very strong
neighborhood association. For those reasons, I move for approval.
Chairman Plummer: All right, is there a second?
Commissioner Teele: Second.
Chairman Plummer: Seconded by Teele.
Chairman Plummer: Anyone? Read the ordinance. Second reading.
Mr. Maxwell: This is item?
Chairman Plummer: Item seven. All right call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY_ COMMISSION, WITH
ATTACHMENT, AMENDING PAGE NO. 14 OF THE ZONING ATLAS OF
THE CITY OF MIAMI, 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 63' STREET AND 629
NORTHEAST 62ND STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY LEGALLY DESCRIBED ON EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A REPEALER - PROVISION - AND A
SEVERABILTTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. —
passed on its first reading, by title, at the meeting of March 23, 1999, was taken up for it second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
261 April 27, 1999
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer. Jr.
NAYS:. None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11789
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. SECOND READING ORDINANCE AMEND ZONING ORDINANCE 11000, TO ELIMINATE
PARKING REQUIREMENTS FOR RESIDENTIAL PROJECTS WITHIN THE SD-8 DISTRICT
WHICH ARE ADAPTIVE RE -USES OF EXISTING STRUCTURES AND SUBJECT TO A CLASS Il
SPECIAL PERMIT.
Chairman Plummer: Item eight is the City of Miami Planning Department.
Vice Chairman Gort: DCA, this is something we much need, especially in districts like the decorator
road, and all that where you have existing facility which we are trying to do the Economic Development
to it. And, it is very difficult for those individuals to comply with the parking requirements although we
have a lot of Off-street...
Chairman Plummer: Are you moving it?
Vice Chairman Gort: ... Off-street parking. I move forward, yes. I move on the motion in your district.
[phonetic]
Chairman Plummer: 'I's there a second?
Commissioner Sanchez: Second.
Chairman Plummer: This is not in my district.
Vice Chairman Gort: That's right, Teele.
Chairman Plummer: Call the... Read the ordinance. Call the roll.
262
April 27, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ODINANCE 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 11 SPECIAL
PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of March 23. 1999, was taken up for it 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11790.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
8 8. FIRST READING ORDINANCE: AMEND CODE SECTIONS 17-31 AND 17-40 RELATING
ENVIRONMENTAL PRESERVATION BOARD TO DELETE PROVISIONS RELATING TO
REVIEW OF CERTIFICATES OF APPROVAL BY THE URBAN DEVELOPMENT REVIEW
BOARD AND TO MODIFY PROCEDURES FOR APPEALS.
Chairman Plummer: Item nine, City of Miami.
Vice Chairman Gort: Item nine...
Chairman Plummer: C-2 liberal commercial residential uses in C-2.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort, seconded by? Seconded by?
Commissioner Teele: Teele.
263 April 27, 1999
Chairman Plummer: Teele. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
ZONING ORDINANCE BY AMENDING ARTICLE 4. SECTION 401.
SCHEDULE OF DISTRICT REGULATIONS. C-2 LIBERAL COMMERCIAL
DISTRICT, TO CLARIFY THAT RESIDENTIAL USES ARE
CONDITIONALLY PERMISSIBLE; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of May 22, 1997, was taken up for it second
and final reading, by title, and adoption. On motion of Vice Chairman Gort. seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: INone.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11791.
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: Sarah Eaton, I want to commend you for what I have been told, that when you went
down and testified for "The Circle," you ate their lunch.
Ms. Sara Eaton, City Liaison (Historic & Environmental Preservation Board): Thank you, I appreciate
that.
[APPLAUSE]
Chairman Plummer: Now, go back and eat their dinner.
264
April 27, 1999
8 9 . FIRST READING ORDINANCE: AMEND CODE SECTIONS 17-31 AND 17-40 RELATING
ENVIRONMENTAL PRESERVATION BOARD TO DELETE PROVISIONS RELATING TO
REVIEW OF CERTIFICATES OF APPROVAL BY THE URBAN DEVELOPMENT REVIEW
BOARD AND TO MODIFY PROCEDURES FOR APPEALS.
Chairman Plummer: Item ten. City of Miami, to ensure the Historic Environmental Preservation Board.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort, seconded by Teele. What? We have objectors? Oh. Loud mouth.
All right, why are you ob...? This is first reading.
Ms. Lucia Dougherty: Let me just say this. We don't necessarily object...
Chairman Plummer: Who are you?
Ms. Dougherty: Lucia Dougherty.
Chairman Plummer: I know you.
Ms. Dougherty: ... 1221 Brickell Avenue. We are not necessarily objecting to the concept. What they
are trying to do is, they are trying to take out a provision of the ordinance that says if you have to go to
the UDRB (Urban Development Review Board) then you don't have to go to, HEP (Historic
Environmental Preservation Board) too. We have to go to large scale. We have to go -to UDRB. We
now have to go to HEP, Zoning Board, Planning Board and City Commission, those are six different
public hearings, or hearings or things that we have to go through for a Major Use. All 1 am asking for, if
we go to HEP, don't also make us go to UDRB which is in their discretion, and all 1 am saying is put it in
the ordinance if we go to HEP, don't also make us go to UDRB.
Chairman Plummer: Is that a legitimate request?
Ms. Ana Gelabert (Director, Planning & Development): Ana Gelabert, Planning Department. Planning
doesn't have a problem as long as the HEP Board reviews for design.
Ms. Dougherty: That's fine.
Vice Chairman Gort: OK.
Mr. Joel E. Maxwell (Asst. City Attorney): I would also ask something.
Vice Chairman Gort: Mr. Gort moves the amended version... -
Mr. Maxwell: If you do that Commissioner, what I would ask that you also, we... When it comes back
for second reading.
Vice Chairman Gort: Is this second...?
Mr. Maxwell: Yes, second reading.
265 April 27, 1999
t
Vice Chairman Gort: Yes.
Mr. Maxwell: That we also have provisions and that it indicate that when those boards are sitting_ in that
capacity, they are purely advisory and the), won't be appealable decisions. That would keep us out of...
Chairman Plummer: As amended, read the ordinance.
Ms. Slazyk: It's first...
Chairman Plummer: All right, call the roll.
Mr. Walter J. Foeman (City Clerk): 1 need a mover and a seconder.
Chairman Plummer: It was moved by Gort, seconded by Teele.
Commissioner Teele: No.
Chairman. Plummer: No: Moved by Gort, seconded by Sanchez.
Vice Chairman Gort: Take some of the (inaudible) out of this.
Commissioner Teele: Huh?
Chairman Plummer: What?
Vice Chairman Gort:. Take some of the... It's the same procedure.
Commissioner Teele: I am trying to understand why a lawyer who is paid to go before these things
doesn't want to go.
Vice Chairman Gort: There is no charge...
Commissioner Teele: Have you voted, Mr. Teele?
Vice Chairman Gort: " Because there is no quorum. There is no quorum, and he has to come back.
Chairman Plummer: Mr. Teele, have you voted?
Commissioner Teele: I mean, is this really about quorums or is this about?
Commissioner Regalado: It is about quorums.
Commissioner Teele: I just don't know the consequences of this. I am just not certain of the
consequences.
Ms. Sarah Eaton: I am sorry. This... at the present time, if an application has to be reviewed by both the
Urban Development Review Board and the Historic and Environmental Preservation Board, if the
property is located within an environmental preservation district, the review is done by the Urban
Development Review Board. We think it's more appropriate that the Historic and Environmental
266 April27, 1999
Preservation Board revie,.v all applications within environmental presen•ation districts which is %%hat they
are charged with doing.
Chairman Plummer: All right, we are in the middle of a roll call.
Unidentified Speaker: Yes.
Commissioner Teele: And, that's what this does? And, it takes who out?
Unidentified Speaker: It takes the Urban Development Review Board out.
Commissioner Teele: I'll vote, yes.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, RELATING TO ENVIRONMENTAL
PRESERVATION BY AMENDING SECTIONS 17-31 AND 17-40 TO
DELETE PROVISIONS RELATING TO REVIEW OF
CERTIFICATES OF APPROVAL BY THE URBAN DEVELOPMENT
REVIEW BOARD AND TO MODIFY PROCEDURES FOR
APPEALS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
267 April 27, 1999
t
90 . FIRST READING ORDINANCE: AMEND CODE CHAPTER 4. ENTITLED ":ALCOHOLIC
BEVERAGES" IN ORDER TO AMEND CERTAIN SECTIONS TO INCLUDE THE SD-8 DESIGN
PLAZA COMMERCIAL -RESIDENTIAL DISTRICT. CONDITIONALLY. AS DEFINED IN ZONING
ORDINANCE 11000. I
Chairman Plummer: The final item before we go to pocket items and appointments is PZ-1 1. The Cite is
the applicant. Move for approval, allow the design district to remain competitive as an entertainment
district with other areas of Miami...
Vice Chairman Gort: Move it.
Chairman Plummer: ... Dade County. Moved by Gort, seconded by Sanchez. Any objectors? Read the
ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS
AMENDED, ENTITLED "ALCOHOLIC BEVERAGES", TO MODIFY
PROVISIONS RELATED TO RETAIL SPECIALTY CENTERS, TO ADD A
DEFINITION FOR "CENTRAL DESIGN DISTRICT" AS AN EXCEPTION
AREA- TO DISTANCE REQUIREMENTS, AND TO PERMIT FOOD
ESTABLISHMENTS, AS SET FORTH IN SECTION 4-13, WITH A
MINIMUM OF 50 SEATS AND 51 % OF REVENUES OBTAINED FROM
FOOD SALES, TO' SERVE ALCOHOLIC BEVERAGES; MORE
PARTICULARLY BY AMENDING SECTIONS 4-2 AND 4-13;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS:. None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
268
April 27, 1999
91 . DISCUSSION REGARDING DOWNTOWN BRICKELL BAY PLAZA STRUCTURE.
Chairman Plummer: All right, if I may, on pocket items to the administration. In 1997. this is Zoning_.
Dena. In 1997, the Brickell Bay Plaza project was approved by the Miami Cite Commission. In 199 7.
and it has not been able to obtain a variance. The decision of the Zoning Administrator for some reason.
and the review panel was in direct contradiction of the City's Zoning Code. It's important that we not
lose this major structure in downtown, and I ask that the matter be revisited in the issue in the light of the
City policy of 1999, 1997, when it was... OK, give it to the...
Mr. Alejandro Vilarello (City Attorney): OK, we'll take a look at that issue and respond to you.
92. ANNOUNCEMENT REGARDING VICE CHAIRMAN GORT BEING DESIGNATED AS
PRESIDENT OF THE DADE LEAGUE OF CITIES.
Chairman Plummer: Let me also state for the record that I think we all should be very much aware that
tomorrow our colleague,. Willie Gort, becomes president of the Dade...
Vice Chairman Gort: No, not tomorrow.
Chairman Plummer: When?
Vice Chairman Gort: Monday.
Chairman Plummer: Will be becoming the president of the Dade League of Cities.
[APPLAUSE]
Chairman Plummer: All right.
Commissioner Regalado: And, we are all invited to the Grand Havana Cafe.
Chairman Plummer: Yes, at his expense.
Commissioner Sanchez: Yes.
93. ALLOW CLASS Il SPECIAL PERMIT FOR THE MIAMI MARLINS MURAL LOCATED AT 160
NORTH BISCAYNE BOULEVARD, SUBJECT TO REVIEW BY THE URBAN DESIGN REVIEW
BOARD. —SCHEDULE PUBLIC HEARING RELATED TO THIS ITEM ON THE NEXT CITY
COMMISSION MEETING — SEE LABEL 96.
Chairman Plummer. A motion pursuant to Article IX, Section 926, to allow Class -II Special Permit for
the Miami Marlins graphic mural, located at 100 North Biscayne Boulevard, subject to review by the
Urban Design Review Board at its next meeting. I so move.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Gort.
269 April 27, 1999
1.
Mr. Alejandro Vilarello (Cite Attorney): Commissioner. what is that'
Chairman Plummer: All in favor say *ave.''
The Commission (Collectively): Aye.
Vice Chairman Gort: That's it?
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-309
A MOTION AUTHORIZING A CLASS Il SPECIAL PERMIT, PURSUANT
TO ARTICLE IX, SECTION 926, FOR THE MIAMI MARLINS MURAL
LOCATED AT 100 NORTH BISCAYNE BOULEVARD, SUBJECT TO
REVIEW BY THE URBAN DESIGN REVIEW BOARD AT ITS NEXT
MEETING.
Note for the Record: The above motion passed subject to the City Attorney's
review that said item does not require a public hearing.
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.
Chairman Plummer: Any other pocket items? Does anybody wish to make any of their Zoning
appoint ... any of their appointments tonight?
Commissioner Regalado: No, I will defer.
Chairman Plummer: They are all deferred.
Commissioner Sanchez: Let it be the last time we have 60 items.
Chairman Plummer: Sir.
Mr. Vilarello: Commissioner?
Chairman Plummer: Sir.
Mr. Vilarello: On this Class -II Special Permit...
Chairman Plummer: Yes, sir.
270
April 27, 1999
Mr. Vilarello: ... you can't do that as a pocket item. That's a Zoning item and it has to be noticed.
Commissioner Teele: What was the pocket item?
Chairman Plummer: For the mural of the Marlins.
Mr. Vilarello: It allows a Class -II Special Permit.
Commissioner Teele: That has to have a public hearing doesn't it?
Mr. Vilarello: Yes.
Chairman Plummer: All right, well schedule a public hearing for the next City Commission meeting.
94. RECONSIDER PRIOR VOTE WHICH HAD FAILED ON AGENDA ITEM 34 (PROPOSED
SETTLEMENT OF $71,550 WITH FUTURA CORAL WAY PROPERTIES I, LTD.) - PASS AND
ADOPT SAID RESOLUTION (See label 43).
Mr. Vilarello: Commissioner, before you adjourn.
Chairman Plummer: Yes.
Mr. Vilarello: I request the City Commission reconsider item 34, which was the settlement of Futura
Coral Way -Properties, LTD, a settlement that I recommended to this City Commission...
Chairman Plummer: Oh, sneaky "P." [phonetic]
Commissioner Sanchez: So moved.
Chairman Plummer: So moved. There is a motion made to approve it over my objections and my dead
body, but that's nothing unusual around here. Is there a second?
Commissioner Regalado: OK, I'll second it. I'll second it.
Commissioner Teele: A motion...
Chairman Plummer: It is seconded by Commissioner Regalado, the dirty devil.
Commissioner Teele: A motion to reconsider can be made by someone on the...
Chairman Plummer. Prevailing side.
Mr. Vilarello: Prevailing side, so Commissioner Regalado can make the motion.
Chairman Plummer: That's correct.
Commissioner Regalado: I will make the motion.
271 April 27, 1999
Chairman Plummer: All right. Is there a second?
Mr. Vilarello: Anvone can second it.
Chairman Plummer: Is there a...?
Commissioner Sanchez: I can second it now.
Chairman Plummer: Huh?
Commissioner Sanchez: I second.
Chairman Plummer: Who the hell told him? You shouldn't have told him. All right, motion to
reconsider. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
Commissioner Teele: Roll call. Roll call.
Commissioner Regalado: Yes.
Commissioner Teele: No.
Commissioner Sanchez: Yes.
Chairman Plummer: No.
Commissioner Teele: 1 am only joking. My vote is yes.
Chairman Plummer: He thought he did a left field on me,'but...- _
Commissioner Teele: My vote is yes.
The following motion was introduced by Comm issioner,Tee le, who moved its adoption:
MOTION NO. 99-310 .
A MOTION TO RECONSIDER PRIOR. VOTE ON AGENDA ITEM 34
(PROPOSED SETTLEMENT OF $71,550 WITH FUTURA CORAL
WAY PROPERTIES I, LTD.)
272 April 27, 1999
r
Upon being seconded by Commissioner Sanchez. the motion was passed and adopted b\ the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr.
NAYS: Chairman J. L. Plummer, Jr.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Regalado: Mr. Chairman, Mr. Chairman
Chairman Plummer: Yes.
Commissioner Regalado: I still have an issue but...
Commissioner Teele: The item carries three to one.
Chairman Plummer: No, that was only to reconsider, that... Shut up.
Commissioner Teele: OK.
Mr. Vilarello: To reconsider. Can I? Commissioner, if I could, please ask the Commission to consider
the resolution on the,settlement of this matter. I think it would be in the City's best interest and it carries
my recommendation on it.
Chairman Plummer: You said that before, you were turned down. Why is it different tonight, because.
we are tired?
Commissioner Teele: Well...
Chairman Plummer: The floor is open for a motion to get the City out of a lawsuit...
Commissioner Sanchez: Motion.
Chairman Plummer: ... and pay all kinds of money that we shouldn't be paying...
Commissioner Sanchez: I'll move it.
Chairman Plummer: It's moved to waste our money by Sanchez -
Commissioner Regalado: OK, I'll move it. I'll move it.
Chairman Plummer: Seconded by Regalado. Call the roll.
Commissioner Regalado: What is there?
Chairman Plummer: What? No, that's... What is your name, sir?
273 April 27, 1999
i
Commissioner Teele: Call the roll.
Vice Chairman Gort: Say Amen.
Chairman Plummer: Ah. I thought so. Would you call the roll?
Commissioner Sanchez: Yes.
Vice Chairman Gort: No.
Commissioner Regalado: Yes.
Chairman Plummer: Go ahead, Solomon.
Commissioner Teele: The appraised... the assessed value was eighty-one thousand?
Commissioner Sanchez: Yes, a good deal.
Commissioner Teele: And, we are settling for seventy...? .
Mr. Vilarello: One, yes.
Commissioner Teele: Seventy-one. I vote, yes.
Chairman Plummer: I vote, no.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-311
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE DIRECTOR OF FINANCE TO PAY FUTURA CORAL WAY
PROPERTIES I, LTD., WITHOUT ADMISSION OF LIABILITY, THE SUM
OF $71,550.00, IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CAUSE FUTURA CORAL WAY PROPERTIES I, LTD. V. CITY OF MIAMI,
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 97-20017 CA
(22), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING
THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS
AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND:
INSURANCE TRUST FUND, INDEX CODE NO.515001.624401.6.653.
274 April 27, 1999
f
(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.
NAYS: Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
ABSENT: None.
95. DISCUSSION REGARDING CABLE NET-9 TELEVISION PROGRAMMING AND POSSIBLE
AIR TIME AFFORDED TO ELECTED OFFICIALS TO APPEAR ON NET-9 — SELL LABEL 75
Chairman Plummer: All right...
Commissioner Regalado: All right, we still have...
Chairman Plummer: Lieutenant Longueira, do you have any other items for tonight?
Police Major Longuiera: Yes, ... about six.
Commissioner Regalado: Mr. Chairman.
Chairman.Plummer: Yes. Mister...
Police Lt. Longuiera: My...
Commissioner Regalado: We still have an item, but 1...
Chairman Plummer: All right. Wait a minute. We've still got these two guys here.
Commissioner Regalado: No, no, if we want to defer that to the next meeting.
Chairman Plummer: What is your next...? That's up to you, sir.
Commissioner Regalado: No, I mean, you know, I... As a matter of fact, I don't have any problem. We
are not going to get any new programming in the next week or two, so I don't have any problem to defer
that to the next meeting..:. :. -
Chairman Plummer: All right, is there anything else to come before this City Commission?
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele. Excuse me, would everybody still remember this meeting is in... Thank
275 April 27, 1999
you. Mr. Teele.
Commissioner Teele: In all seriousness, to my recollection. 1 think 1 have been. I mean. I have been
elected now for a year and three months. 1 have never been invited to NET 9. 1 am not seekine to be
invited, but 1 got to tell you something. I think it's a pretty, pretty.. pretty sorry situation when you have
one person representing so much of this community, and the programming has.not facilitated. you kno\\.
any kind of discussion. 1 don't know how many of the other Commissioners have been invited. this
process is not...
Vice Chairman Gort: Don't feel bad. I have been here how many...
Commissioner Teele: No, no, no. It's not about feeling bad or not, but it...
Commissioner Sanchez: Tomas Regalado is getting...
Commissioner Teele:... We keep talking about all the things that are wrong and the word needs to get
out. You know, people have to understand that the public elected six people to represent them. and I
really do think that it's important. I am not proposing a weekly show, a monthly show or any kind of
show, but I think that there comes a time, Mr. Manager, that the elected officials should be afforded the
opportunity to discuss the issues. We catch all of the dickens for, you know, for the issues related to the
budget. People are mad about the fire fee. They are mad about the gas, I mean, the garbage fees. And, it
seems to me that at some point in time we are asked to make these hard votes that we would be able to
go... I go to... I was on Fuste's Show the other day. I mean, I don't mind going and explaining my vote
on the fire fee which is a very controversial issue, but I do think that we are missing an opportunity.
And, I mean, I am not into the... I don't know anything about television programming, but I think we are
missing an opportunity to have some type of rotation, you know, quarterly, semi-annually in which you
go there and you explain what you are doing.
Mr. Donald H. Warshaw (City Manager): And, I think it's important.
Commissioner Regalado: Commissioner, if I may? If I may, Mr. Manager?
Mr. Warshaw: Commissioner.
Commissioner Regalado: Commissioner, I gave the administration a list of programming suggestions.
This was three months ago. I told the Manager that we have a studio that is available, because the excuse
that you all are going to say is that our studio in the Fire College is no good, and we have a studio
available. Furthermore, if we request time in the studios of Channel 2, they would give it to us. If we
request time in the studios of the County, they will give it to us. The thing is that the... you don't, the
administration do not have the time just to make the appointments. I, that's why 1 deferred this issue,
because even though whatever I say here today, I know it would not get accomplished. 1 know that we
can do the programming. What I have done all my life is this. I know that we can do it. We can borrow
one studio. And, let me ask you, this is not a personal thing, but let me ask you, how many times does
the Mayor's, the State of the City was played over Net 9? You tell me.
Mr. Warshaw: I don't know the answer.
Chairman Plummer: Three thousand seven hundred and forty-four times.
Commissioner Regalado: Well, can you tell me, Mr. Manager?
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Mr. Warshaw: 1 don't know how many times it was replayed, Commissioner. But. I can tell you that we
are using the FIU (Florida International University) studio. and at the next meeting...
Chairman Plummer: Look.
Mr. Warshaw: ... we will give you a full presentation on where we...
Commissioner Regalado: But we are using the FIU studio, Mr. Manager. 1 don't know why, because
none of the members of the Commission have ever been invited to address the residents in Channel 9.
Mr. Jorge Luis Hernandez (Director, Media Relations): Commissioner. Mr. Chairman.
Chairman. Plummer: Mr. Manager, come back at the next meeting... Come back at the next meeting, lay
out a schedule where the Commission will have the opportunity, patterned after Dade County, the same
thing as I watch on the Dade County channel, I assume is what we are speaking about here, that they have
half-hour programs that are afforded to the public, and come back with a schedule at the next
Commission meeting.
Mr. Hernandez: Mr. Chairman, I just want to say that I have been in charge of the Office of Media
Relations for approximately 180 working days. Channel 9 has been in existence for about seven years,
probably you know it better than anybody else, you participated in the creation of Channel 9.
Chairman Plummer: But, I have never been on it.
Mr. Hernandez: And, I would like to know to you recollection... I just want to say that there is no
concerted effort here not to invite a Commissioner. As the oldest member in this Commission, do you
recall in the seven years of history of Channel 9, Commissioners going to Channel 9 showing...?
Chairman Plummer:- No.
Commissioner Regalado: Excuse me. Excuse me.
Mr. Hernandez: So, it is not a... It is not a matter of what I have done in a matter of 180 days.
Commissioner Regalado: Mr. Manager. Excuse me, Jorge Luis, Jorge Luis, Jorge Luis. Just excuse me.
Chairman Plummer: Wait. All right, all right, all right.
Commissioner Regalado: Jorge Luis; just excuse me.
Mr. Hernandez: It has been the policy of the channel for seven years.
Commissioner Regalado: Could you tell me... Could you tell me if I can speak? Mr.'Manager,
� Y Y ger, how long
ago I gave you the proposal that the Commission recommended to you?
Chairman Plummer: You said three months ago.
Commissioner Regalado: And it was included, an invitation and a program for the Commissioners, that's
all.
1•
277 April 27, 1999
k
Mr. Warshaw: And. Commissioner. we have done tremendous amount with Channel 9. with limited
resources compared to where we were a vear aQo. and when we make the presentation we %%iII shox% you
the programming we have done. The program we are in the process of doing. what we are contemplating_
and I have absolutely no problem or objections to Commissioners being able to...
Chairman Plummer: Mr. Manager. if I may?
Commissioner Regalado: Mr. Manager, we don't need... We are not begging to be invited.
Chairman Plummer: Wait, wait, wait. Wait just a minute now. Hold on. Mr. Manager, this
Commission passed a resolution offered by Commissioner Regalado. It laid out a plan for Channel 9.
which included many things. including theCity Commission's appearance on Channel 9. Nov. I think
it's reasonable to assume that after 90 days -,*'we should have heard something. So. I am asking that at the
next meeting that we do hear something.
Mr. Warshaw: You will.
Chairman Plummer: OK. It's just that simple. Now, other major bombastic issues to come before this
major City Commission meeting...
Mr. Hernandez: Thank you, Mr. Chairman.
Chairman Plummer: It has been one hell of a long day, I want to tell you something. Is there anything
else...? Mr. Bridges, do you have anything, sir. Sergeant Longueira, do you have anything else that you
would like to bring up?
Police Major Longueira: Six -A.
Chairman Plummer: Yeah, right. Take it dirvn the road, bum. All right...
96. CITY ATTORNEY TO REVIEW NEEDFOR FOR PUBLIC HEARING IN CONNECTION WITH
CLASS II SPECIAL PERMIT FOR THE MIAMI MARLINS MURAL LOCATED AT 100 NORTH
BISCAYNE BOULEVARD (See label 93).
Mr. Alejandro Vilarello (City Attorney):, Commissioner, on the Class 11...
Chairman Plummer: OK'. Mister... I knew somebody would have something. Yes, sir.
Mr. Vilarello: On the Class -II Special Permit, I... if the Commission is willing to allow it to go forward,
if I...
Chairman Plummer: Ladies and gentlemen, this Commission has not been adjourned. -
Mr. Vilarello: I would request the Commission allow it to go forward subject to my review as to whether
or not it requires advertising and a public-hå.
Chairman Plummer: I have no...
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Mr. Vilarello: ... If that's the will of the Commission. I will proceed in that w•ay.
Chairman Plummer: You are saying that you have withdrawn your objection, and you feel that it can
proceed...
Mr. Vilarello: No. If the Commission allows the vote to stand as it took it, approving it, just amending_
that to be subject to my review of the law as to whether or not it requires advertising a public hearing. If
it does not require advertising a public hearing, then, your action would stand.
Chairman Plummer: And, if it does, then, it would have to come back.
Mr. Vilarello: And, if it does, I would issue an opinion that says it does, and the action would be void.
Chairman Plummer: What is the pleasure...? Well, guess what? No, Gort's all... Gort hauled ba_-ase
and buggie a long time ago.
Ms. Lucia Dougherty: Mr. Chairman, you took a vote on that which was never rescinded. So. you as the
Chairman can take that action.
Chairman Plummer: Mrs. Dougherty, do I have that authority?
Mr. Vilarello: Has the vote been rescinded, or...?
Chairman Plummer: No, it was not rescinded.
Mr. Vilarello: OK.
Chairman Plummer: You said that it take a public hearing after we had taken a vote.
Mr. Vilarello: If it requires advertising and public hearing, I will advise you at the next Commission
meeting.
Chairman Plummer: That's fine. Where are we right now?
Mr. Vilarello: The vote stands.
Chairman Plummer: The vote stands. What time is your parry on Friday?
Unidentified Speaker: Eleven thirty.
Chairman Plummer: And how much is it?
Ms. Dougherty: Eleven thirty?_. -
Unidentified Speaker: Twenty-five dollars ($25).
Chairman Plummer: Twenty-five dollars ($25)?
Commissioner Sanchez: Commissioners...
279 April 27, 1999
Chairman Plummer: We have no money. Why didn't you hold it at Camilus House for him.
Commissioner Sanchez: Yeah.
Chairman Plummer: We are going to miss you, love. Is there any other matters to come before this
Commission? A motion to... 'A -motion to adjourn. ain't nobody here.
Commissioner Sanchez: Second. Let's get some...
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 8:54 P.M.
Joe Carollo _
MAYOR
ATTEST:
Walter J. Foeman .
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
V7
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