HomeMy WebLinkAboutCC 1999-06-08 MinutesCITY OF-MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON RUNE 8, 1999
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
No.
.0
ITEM NO.
INDEX
MINUTES OF REGULAR COMMISSION MEETING
June 8,1999
SUBJECT LEGISLATION
CHAIRMAN PLUMN ER . -' COMMENTS; ON . WATER
6/8/99
PROBLEMS IN BELLE MEADE AREA (SEE SECTION #77)
DISCUSSION
1-2
PRESENTATIONS & PROCLAMATIONS:
6/8/99
(A). CERTIFICATE OF APPRECIATION TO BIJAN OF
DISCUSSION
BIJAN' S FOR 'HELP , WITH., COMMUNITY AND
2
SPONSORSHIPS FOR VARIOUS EVENTS.
(B). CERTIFICATE OF APPRECIATION TO RAY ROSS OF
HI -TECH CONCRETE FOR HELP WITH COMMUNITY
AND DAY CARE CENTERS (ST ALBAN'S) . THAT
NEEDED PLAYGROUNDS.
(C). • PROCLAMATION TO JETRO CASH AND CARRY
AND RESTAURANT DEPOT FOOD WHOLESALERS IN
NIIAMI TO CELEBRATE ITS GRAND OPENING.
(D). CERTIFICATE OF APPRECIATION TO RANSOM
EVERGLADES FOR ALLEVIATING TRAFFIC ON MAIN
HIGHWAY.
(E). CERTIFICATE OF APPRECIATION TO BLANCA
NUNEZ, JOSE INFANTE'S MOTHER, BECAUSE OF HER
INVOLVEMENT IN MANY CHARITABLE PROJECTS
FOR CHILDREN IN THE CITY OF MIAMI, INCLUDING
CUBAN CHILDREN PROGRAM, HEAD START AND
TODOS LOS SANTOS.
(F). CERTIFICATE OF APPRECIATION TO PINKY
.SANDS, A COMMUNITY ACTIVIST. ALTHOUGH SHE
WORKS FOR METRO-DADE, SHE WORKS IN AN
EXTRAORDINARY CAPACITY WITH THE
COMMUNITY. SHE WORKS ' WITH THE GOOMBAY
FESTIVAL AND WAS PAST PRESIDENT OF FAMILY
HEALTH CENTER.
(G). ROSALIND SPARKS, AND DOROTHY LEE
RECOGNIZED FOR COCONUT GROVE COMMUNITY
WORK
3.
RESOLUTION OF CONDOLENCE TO FAMILY AND
6/8/99
'j
FRIENDS OF LATE JOSE FERNANDEZ, FORMER
R 99-368
ASSISTANT CITY ATTORNEY.
2-3
4.
RESOLUTION OF CONDOLENCE TO FAMILY AND
6/8/99
FRIENDS OF LATE LOURDES AGUILA, FORMER
R 99-369
PRESIDENT OF LEAGUE AGAINST CANCER
34
5.
RESOLUTION .OF CONDOLENCE TO FAMILY AND
6/8/99
FRIENDS OF LATE PHIL HAMMERSMITH.
R 99-370
4-5
6.
(A) COMMENDATION TO CITY CLERK WALTER
FOEMAN AND HIS STAFF.
6/8/99
(B) PROCLAMATION TO LUIS SABINES, JR. IN
CUSSION
RECOGNITION OF COMMUNITY DEVELOPMENT
6D-8
BUILDING GRANTS SINCE HIS APPOINTMENT TO
SMALL BUSINESS OPPORTUNITY CENTER.
(C) CERTIFICATES OF APPRECIATION TO THE UPPER
EAST SIDE FOR OUTSTANDING WORK AND
COORDINATION OF, THE FIRST SPRING FESTIVAL:
ALLEN JONES, R. COLLETTE HAILEY, DAVID TREECE,
ROBERT FLANDERS, - HEKKI , TALVITIE, WILLIAM
VALLENILLA, SUE LYNCH, CORRINE. DUROURE,
DREW DUNCAN, CHERI TOOD-ROPER, BILL
MATHISSEN, ROSIE GORDON WALLACE, NICK
WILLIAM, YVON DECOSSARD.
(D) CERTIFICATE OF APPRECIATION TO DR. DAVID
WHITE, RETIRED EDUCATOR AND COMMUNITY
ACTIVIST, FOR HIS MANY EFFORTS TO IMPROVE THE
COMMUNITY.
7
7. CONSENT AGENDA.
6/8/99
DISCUSSION
8-10
7.1. ACCEPT BID OF INNOVATIVE SURVEILLANCE
6/8/99
TECHNOLOGY, INC. FOR MAINTENANCE AND
R 99-371
STORAGE OF SPECIAL INVESTIGATION SECTION
10
SURVEILLANCE VEHICLE ($7,980), FOR POLICE
7.2. ACCEPT BID OF TEMPLETON AND FRANKL,IN
6/8/99
VETERINARY ASSOCIATES, FOR PROVISION OF
R 99-372
VETERINARY SERVICES FOR POLICE HORSES
11
($18,000).
7.3. ACCEPT BID OF BENNETT ELECTRIC SERVICE CO.,
6/8/99
INC., FOR "DOUGLAS PARK SPORT LIGHTING
R 99-373
PROJECT B-6291 (SECOND BIDDING)." ($125,500).
11
7,4. CODESIGNATE SOUTHWEST 21 ST AVENUE FROM 6/8/99
SOUTHWEST 6TH STREET TO SOUTHWEST 8TH STREET, 299'374
AS "PINAR DEL RIO WAY."
7.5.
ACCEPT DONATIONS ($3,800), FROM THE KMART
6/8/99
FAMILY FOUNDATION, TO BE USED EXCLUSIVELY BY
R 99-375
THE POLICE DEPARTMENTS DRUG ABUSE
12
RESISTANCE EDUCATION (D.A.R.E.) PROGRAM.
8.
RATIFY, APPROVE AND CONFIRM CITY MANAGER'S
6/8/99
FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS
R 99-376
FOR COMPETITIVE SEALED BIDS AND APPROVE
12-13
ACQUISITION OF THE KRONOS PAYROLL SYSTEM
YEAR 2000 (Y2K) UPGRADE, TRAINING, AND
TECHNICAL SERVICES FROM KRONOS SYSTEMS, INC.,
FOR THE DEPARTMENTS OF. SOLID WASTE AND
GENERAL SERVICES ADMINISTRATION, ($35,426).
9.
TABLE CONSIDERATION, OF ACQUISITION . OF 1,029
6/8/99
XTS 3000 PORTABLE RADIOS WITH ACCESSORIES
DISCUSSION
AND. PROVISION TO TRADE-IN EXISTING RADIOS,
14
FROM MOTOROLA, INC. FOR THE DEPARTMENTS OF
POLICE . AND FIRE -RESCUE ($3,436,360.25)., (See
SECTIONS #40 and #54).
10.
PERSONAL APPEARANCE BY MS. DOLLY MACINTYRE,
6/8/99 .
ON BEHALF OF THE VILLAGERS, INC., IN HONOR OF
DISCUSSION
THE HERITAGE OF THE CITY OF MIAMI AND
14-IS
NATIONAL PRESERVATION WEEK.
11. PERSONAL APPEARANCE BY MS. EARTHA WALKER, 6/8/99
TO ADDRESS THE COMMISSION CONCERNING HER DISCUSSION
WATER AND SEWER BILL. 15-18
12. SECOND READING ORDINANCE: ESTABLISH SPECIAL
6/8/99
REVENUE FUND: "SOUTH FLORIDA WATER
ORDINANCE 11799
_ MANAGEMENT DISTRICT ($25,475.23), CONSISTING OF
18-19
A GRANT FROM THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
13. SECOND READING ORDINANCE: RELATED TO '.THE
6/8/99
COCONUT GROVE SPECIAL. EVENTS DISTRICT AND
ORDINANCE 11800
THE COCONUT GROVE FESTIVAL COMMITTEE;
19-20
AMEND CODE SECTIONS 2-892, 39-34, 54-341 AND 54-
342 TO' MODIFY- BOUNDARIES, - CLARIFY
RESTRICTIONS AND EXEMPTIONS, REQUIRE NOTICE
TO AFFECTED PROPERTY OWNERS PRIOR TO EVENTS;
CHANGE CITY STAFF LIAISON DESIGNATION AND
DELETE THE WORD "STANDING" FROM THE NAME OF
THE COMMITTEE.
14.
SECOND READING ORDINANCE: RELATED TO THE
6/8/99
AFFIRMATIVE ACTION ADVISORY BOARD - AMEND
ORDINANCE 11801
CODE SECTIONS 2-887 AND 2-979 TO REDUCE THE
20-21
NUMBER OF MEMBERS REQUIRED FOR A QUORUM.
15.
FIRST READING ORDINANCE: ESTABLISH NEW
6/8/99
SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADS
ORDINANCE
COUNTY EMS GRANT AWARD (FY `98-99)," AND
2I22
APPROPRIATE FUNDS FOR OPERATION ($218,135.82)
CONSISTING OF A $98,135.82 GRANT APPORTIONED
BY MIAMI-DADS COUNTY FROM THE STATE OF
FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES "GRANT PROGRAM FOR
COUNTIES," AND $120,000 ' IN CARRY-OVER FUND
BALANCE FROM PERVIOUS EMS GRANT AWARDS.
16.
FIRST READING ORDINANCE: AMEND CHAPTER 35 OF
6/8/99
THE CODE, ENTITLED "MOTOR VEHICLES AND
ORDINANCE
TRAFFIC", BY AMENDING ARTICLE VM, ENTITLED
22-30
"VALET PARKING"; PROVIDE FOR ESTABLISHMENT
OF VALET PARKING IN OFFICE, COMMERCIAL AND
INDUSTRIAL DISTRICTS CITYWIDE; PROVIDING FOR
RELATED PERMITS, FEES, RULES AND REGULATIONS
AND APPEALS, SETTING FORTH ENFORCEMENT
PROVISIONS.
17.
AUTHORIZE CITY ATTORNEY TO CONTINUE
6/8/99
ENGAGEMENT OF LAW FIRM LEIBOWITZ AND
R 99-377
ASSOCIATES, P.A., AS OUTSIDE COUNSEL
30-35
REGARDING: .1) CABLE TELEVISION . LICENSE
AGREEMENT AND FRANCHISE RENEWAL WITH TCI, 2)
PROPOSED ACQUISITION OF MEDIAONE -BY AT&T,
AND 3) PROPOSED TRANSFER OF CABLE TELEVISION
SYSTEM FROM TCI TO MEDIAONE ($65,000). .
18.
FIRST READING ORDINANCE AMEND CODE SECTION
6/8/99
38-63 ENTITLED "PARKS AND RECREATION / USE
ORDINANCE
REGULATIONS," TO CHANGE THE LANGUAGE TO BE
35-36
CONSISTENT WITH 'FLORIDA STATUTES AS IT
RELATES TO THE FLORIDA LITTER LAW.
19.
(A)FIRST READING ORDINANCE AMEND CODE TO
6/8/99
INCORPORATE PROVISIONS FOR IMPOSITION AND
ORDINANCE
COLLECTION OF PARKING FACILITIES SURCHARGE
R 99-378
(20%) OF THE FEE PAID FOR THE USE OF A PARKING
36-54
SPACE IN A PARKING FACILITY IN THE CITY OF
MIAMI.
(B) DESIGNATE PROCEEDS OF PARKING SURCHARGE
AS 80% FOR AD VALOREM TAX REDUCTION AND 20%
FOR FIRE RESCUE ASSESSMENT FEE REDUCTION.
,P. WAIVE REQUIREMENT FOR COMPETITIVE SEALED 6/8/99
BIDS AND APPROVE EMERGENCY PROCUREMENT OF R 99-379
HOUSING INSPECTION SERVICES FROM TROPICAL 54-56
HOME AND BUILDING INSPECTIONS, INC. FOR THE
DEPARTMENT OF COMMUNITY DEVELOPMENT;
ALLOCATE FUNDS FROM SECTION 8 MODERATE
REHABILITATION AND COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAMS ($15,650).
21.
(A). AUTHORIZE REALLOCATION OF $20,000 OF
REMAINING $88,000 ALLOCATION FROM COMMUNITY
DEVELOPMENT BLOCK GRANT . ACCOUNT NOS.
799302.452423-010 AND 799210.459018-010 TO BUDGET
OF INTERNATIONAL TRADE BOARD TO COVER COSTS
OF PERSONNEL AND EXPENSES PROVIDED BY STAFF
OF INTERNATIONAL TRADE BOARD FOR ASSISTANCE
IN THE IMPLEMENTATION OF THE EMPOWERMENT
ZONE INITIATIVE.
(B) DISCUSS CDBG ALLOCATION OF FUNDS'-.'-'
22.
AMEND RESOLUTION NO. 98-638, TO :AUTHORIZE
MANAGER TO EXECUTE AMENDMENT NO. 2 WITH
THE GREATER MIAMI YMCA, INC.,. TO INCREASE
FUNDING ALLOCATED- FOR. ' THE- PROVISION OF
YOUTH SERVICES FOR THE DEPARTMENT OF POLICE
BY $66,484; ALLOCATING FUNDS FROM THE EAST
LITTLE HAVANA MINORITY YOUTH DIVERSION
GRANT.
23.
ESTABLISH VIRGINIA KEY PARK CIVIL RIGHTS TASK
FORCE TO ADVISE 'AND RECOMMEND , TO
COMMISSION REGARDING FUTURE DEVELOPMENT
OF VIRGINIA KEY PARK -APPOINT REEVES, PINKNEY,
WALTERS, TOWNSEND, THOMAS, FIELDS, TINNIE -
DIRECT TO ABOLISH AD HOC CITIZENS ADVISORY
SUB -COMMITTEE OF WATERFRONT BOARD ON
DEVELOPMENT OF VIRGINIA KEY.
24.
` WAIVE REQUIREMENT FOR COMPETITIVE SEALED
BIDS AND APPROVE LEASE OF 28 PORTABLE AIR-
CONDITIONING UNITS, FROM SPOT COOLERS OF
MIAMI, FOR POLICE, ($7,000).
25.
APPROVE PURCHASE DUMPSTER CONTAINERS FROM
EBCO ENVIRONMENTAL BINS, of UTILIZING MIAMI-
DADE COUNTY FOR THE DEPARTMENT, OF SOLID
WASTE, ($35,000).
6/8/99
R 99-380
56-62
6/8/99 - •
R 99-381
62-65
6/8/99
R 99-382
R 99-382.1
65-68
6/8/99
R 99-383
68-69
6/8/99
R 99-384
69-71
2j. AUTHORIZE MANAGER TO EXECUTE NON- 6/8/99
EXCLUSIVE PERMIT AGREEMENT WITH AD FOR YOU, R 99-385
INC., TO INSTALL, MAINTAIN AND SERVICE LITTER 71-75
CONTAINERS, WITH ADVERTISING THROUGHOUT
CITY.
27. AUTHORIZE CITY EMPLOYEES WHO ARE 6/8/99
MEMBERS OF THE U.S. MILITARY RESERVE OR R 99-386
FLORIDA NATIONAL GUARD, A SUPPLEMENT TO 75-76
MILITARY PAY RECEIVED IN AN AMOUNT
NECESSARY TO BRING TOTAL SALARY, INCLUSIVE
OF BASE MILITARY PAY, TO THE LEVEL EARNED
AT THE TIME OF THE ORDER TO ACTIVE
MILITARY DUTY.
28. AUTHORIZE MANAGER TO ACCEPT TWO GRANTS 6/8/99
FOR ' THE DEVELOPMENTALLY * DISABLED R 99-387
PROGRAMS (ADMINISTERED BY THE PARKS AND 76-77
RECREATION DEPARTMENT' - THROUGH ITS
PROGRAMS FOR PERSONS - WITH DISABILITIES) AS
FOLLOWS: (1) ' FROM THE STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES, ($17,132)
AND (2) FROM THE STATE OF FLORIDA AGENCY FOR
HEALTH CARE ADMINISTRATION, MEDICAID
PROGRAM DEVELOPMENT, ($255,667).
29. EMERGENCY ORDINANCE ESTABLISH NEW SPECIAL 6/8/99
REVENUE FUND: "PROGRAMS FOR THE ORDINANCE 11802
DEVELOPMENTALLY DISABLED, FY 1999-2000"; 78-79
APPROPRIATE FUNDS ($272,799), CONSISTING OF
TWO GRANTS FROM THE STATE OF FLORIDA: (1)
DEPARTMENT OF CHILDREN . AND FAMILIES
ESTIMATED AT $255,66% AND (2) AGENCY FOR
HEALTHCARE ADMINISTRATION MEDICAID
PROGRAM DEVELOPMENT ESTIMATED AT $17,132.
30. APPROVE MANAGER'S RECOMMENDATION TO
6/8/99
ACCEPT PROPOSAL RECEIVED FROM JAIME S.
R 99-388
ANGULO AND*CESAR R. SOTO AS BEING THE MOST
79-83
QUALIFIED TO PROVIDE PROFESSIONAL
MANAGEMENT SERVICES FOR .. CITY -OWNED
TOWER THEATER.
31. DENY REQUEST FOR $50,000, AS SETTLEMENT WITH
FRATERNAL ORDER OF POLICE (FOP) AND
6/8/99
ALFREDO VEGA - ALLOW FOP TO REPUDIATE
M 99-389
SETTLEMENT.
84-92
32.
(A) CHARTER REVIEW AND REFORM COMMITTEE;
6/8/99
EXTEND DEADLINE TO JULY 23, 1999, THE EXISTENCE
M 99-390
OF SAID COMMITTEE AND ALL PERTINENT TIME LINES
M 99-391
RELATED TO REQUIRED MEETINGS AND ISSUANCE OF
R 99-392
92-117
REPORTS.
(B) DISCUSS IMPORTANCE OF ISSUES TO BE
CONSIDERED BY COMMITTEE.
33.
SETTLEMENT: JAMES PARKS ($60,000).
6/8/99
R 99-393
117-119
34.
COMMISSION AGREES TO SUBMIT NAMES OF
6/8/99
APPOINTMENTS TO VIRGINIA KEY PARK CIVIL
DISCUSSION
RIGHTS TASK FORCE IN WRITING TO THE CLERK.
119
35.
AUTHORIZE -MANAGER ;, - TO' : EXECUTE
PROFESSIONAL SERVICES AGREEMENT WITH
6/8/99
EHRENKRANTZ ECKSTUT & KUHN ARCHITECTS,
- R 99-394
120-121
P.C., TO DEVELOP URBAN DESIGN GUIDES, AND
STANDARDS FOR DINNER KEY AREA AS ECONOMIC
DEVELOPMENT PROJECT, ($40,000); ALLOCATE
FUNDS FROM BLUE RIBBON INITIATIVES FUND
ACCOUNT. CODE NO.660101-270..
36.
DIRECT MANAGER, PURSUANT TO THE REQUEST OF
6/8/99
THE FINANCIAL EMERGENCY OVERSIGHT BOARD --
R 99-395
ACCEPT COMMITMENT FROM BAYFRONT PARK
121-122
MANAGEMENT TRUST TO REDUCE ITS BASE
BUDGET REQUEST FROM THE CITY OF NIIANII IN
THE AMOUNT OF $100,000 PER YEAR FOR FIVE
CONSECUTIVE YEARS, BEGINNING WITH FY 2000
THROUGH FY 2004.. .
37.
DIRECT MANAGER PURSUANT TO REQUEST OF
6/8/99
FINANCIAL EMERGENCY OVERSIGHT BOARD TO
R 99-396
DEVELOP POLICIES AND PROCEDURES TO ASSURE
122-124
THAT THE PRINCIPALS IN -THE ANTI -DEFICIENCY
ACT BE APPLIED TO BOARDS, COMMISSIONS, OR
AGENCIES FUNDED IN WHOLE OR IN PART BY THE
'
CITY COMMISSION. -
38.
STATUS REPORT: LITTLE HAITI NET SERVICE
6/8/99
STATION - SURVEILLANCE - EQUIPMENT, CODE
DISCUSSION
ENFORCEMENT, ILLEGAL DUMPING.
124-129
39• ACCEPT ADMINISTRATION RECOMMENDATION FOR 6/8/99
EXCLUSIVE FRANCHISE NOT BY DISTRICT FOR M 99-397
CITYWIDE COMMERCIAL SOLID WASTE ACCOUNTS - M 99-398
129-144
INCLUDE IN RFP INVITATION FOR INNOVATIVE
PROGRAMS FOR BEAUTIFICATION/COST SAVINGS —
HOURS OF OPERATION.
40. DEFER CONSIDERATION OF ACQUISITION OF 1,029 6/8/99
XTS 3000 PORTABLE RADIOS WITH ACCESSORIES DISCUSSION
AND PROVISION TO TRADE-IN EXISTING RADIOS, 144-155
FROM MOTOROLA, INC, FOR THE DEPARTMENTS OF
POLICE AND FIRE -RESCUE (S3,436,360.25). (See labels 9
and 54)
41. PARTIAL STREET- CLOSURE FOR ALIGNMENT OF 6/8/99
ROAD RIGHT-OF-WAY AT APPROXIMATELY . 3560 R 99-399
WEST GLENCOE STREET -AND 1660 SOUTH BAYSHORE 156-159
COURT TO FACILITATE DEVELOPMENT OF CONDOS
ALREADY APPROVED AS SILVER BLUFF HARBOUR
CONDOMINIUMS. . Applicant Peacock Properties; Inc.
(owner): James - E. Kutteroff for Silver Bluff Development
Corp. (former owner) X
42. OFFICIAL VACATION AND CLOSURE OF A PUBLIC 6/8/99
UTILITY EASEMENT _ OF WAY, LOCATED AT R 99-400
APPROXIMATELY 4170 MALAGA AVENUE TO ALLOW 159-161
CLOSURE OF A - SIX (6') FOOT UTILITY EASEMENT
WITHIN THE PROPERTY. Applicant Laura Calafell for
ICSA Corp.
43. CLASS II SPECIAL PERMIT WITH CONDITIONS, FOR 6/8/99
PROPERTY LOCATED AT 2850 S.W. 27 AVENUE TO — R 99-401
WILL APPROVE THE LANDSCAPING PLAN FOR THE 161-164
COCONUT GROVE UNITED METHODIST CHURCH.
Applicant Coconut Grove United Methodist Church.
44. CHANGE ZONING (AMEND 11000) ARTICLE 4, SECTION 6/8/99
401, SCHEDULE OF DISTRICT REGULATIONS, AMEND ORDINANCE 11803
ZONING ATLAS AND CHANGE ZONING DESIGNATION 165-166
FOR PROPERTIES LOCATED AT APPROXIMATELY
3435, 3441, 3445 HIBISCUS STREET IN ORDER TO ADD
SD-12 BUFFER OVERLAY DISTRICT. [THIS CHANGE
WILL ENABLE PARKING TO SUPPORT ANY FURTHER
OFFICE DEVELOPMENT ON GRAND AVENUE.] applicant
Dazelle D. Simpson, M.D. for Stirrups Properties.
45. AMEND ORDINANCE . NO. 10544, THE CITY OF MIAMI 6/8/99
COMPREHENSIVE NEIGHBORHOOD - PLAN, BY ORDINANCE 11804
CHANGING THE LAND USE DESIGNATION FOR THE 166-167
PROPERTIES LOCATED, AT APPROXIMATELY 3680 NW
I I"i STREET & 1021 NW 37"; AVENUE FROM "MEDIUM
DENSITY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL". [THIS CHANGE WILL ENABLE THE
SINGLE FAMILY 'STRUCTURE TO BE USED IN ITS
ENTIRETY FOR OFFICE PURPOSES.] APPLICANT
TOMAS AND CARIDAD GONZALEZ.
46. CHANGE ZONING ORDINANCE 11000, ARTICLE 4, 6/8/99
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, ORDINANCE 11805
BY AMENDING ZONING ATLAS, CHANGING ZONING 168
DESIGNATION FOR PROPERTIES 'LOCATED 'AT
APPROXIMATELY 3680 NW 11"{ STREET & 1021 NW
37TH AVENUE FROM R-3 MULTIFAMILY' MEDIUM -
DENSITY 'RESIDENTIAL TO . "C-1 RESTRICTED
COMMERCIAL.- [THIS CHANGE WILL ENABLE THE
SINGLE FAMILY STRUCTURE TO BE USED IN ITS
ENTIRETY - FOR OFFICE PURPOSES.] Applicant Tomas
and Caridad Gonzalez..
47. FIRST READING ORDINANCE: AMEND 10544, AS 6/8/99
AMENDED, THE COMPREHENSIVE NEIGHBORHOOD ORDINANCE
PLAN, BY AMENDING FUTURE LAND USE MAP, BY 169-171
CHANGING THE -LAND USE DESIGNATION FOR THE
PROPERTY - LOCATED AT • APPROXIMATELY 2725-27
SW IOTH TERRACE FROM "MEDIUM - DENSITY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL."
[THIS WILL ALLOW A' UNIFIED COMMERCIAL
DEVELOPMENT ON THE BLOCK.] _ Applicant Editorial
Cernuda, Inc.
48. FIRST READING ORDINANCE CHANGE ZONING 6/8/99
ORDINANCE 11000, ARTICLE 4, SECTION 401, ORDINANCE
SCHEDULE OF DISTRICT REGULATIONS, ...BY 171-172
AMENDING THE ZONING ATLAS BY CHANGING THE
ZONING DESIGNATION FOR THE PROPERTY• LOCATED
AT APPROXIMATELY 2725-27 SW 10.. TERRACE FROM
R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
TO C-1 RESTRICTED COMMERCIAL-. [THIS WILL
ALLOW A UNIFIED COMMERCIAL DEVELOPMENT ON
THE BLOCK.] Applicant Editorial Cernuda,.Inc.
49.
TABLE CONSIDERATION OF PROPOSED FIRST
6/8/99
READING ORDINANCE TO AMEND 10544, THE
DISCUSSION
COMPREHENSIVE NEIGHBORHOOD PLAN, TO
172-174
AMENDING THE FUTURE LAND USE MAP, TO CHANGE
LAND USE DESIGNATION FOR THE PROPERTY
LOCATED AT 4854 NW 7h' STREET FROM "DUPLEX
RESIDENTIAL" TO "RESTRICTED COMMERCIAL." (See
label 51)
50.
CONTINUE CONSIDERATION OF PROPOSED FIRST
6/8/99
READING ORDINANCES RELATED TO 2725, 2731, AND
M 99-402
2733 N.W. 6 STREET - TO CHANGE ZONING AND
t 74-1 s8
COMPREHENSIVE PLAN DESIGNATIONS"" FROM
SINGLE-FAMILY RESIDENTIAL- TO.' RESTRICTED
COMMERCIAL - REQUEST DEVELOPER ' AND
NEIGHBORS TO MEET AND NEGOTIATE
DIFFERENCES.
51.
DENY PROPOSED COMPREHENSIVE NEIGHBORHOOD
6/8/99
PLAN AMENDMENT TO 10544 FOR 4854 N.W. 7TH
M 99-403
STREET FROM DUPLEX RESIDENTIAL TO RESTRICTED
188-195-
COMMERCIAL. (See label 49)
52.
DENY PROPOSED AMENDMENT' TO " ' ZONING
6/8/99
ORDINANCE 11000 TO CHANGE DESIGNATION AT 4854
M 99-404
N.W. 7h' STREET FROM TWO-FAMILY RESIDENTIAL
195-196
TO RESTRICTED COMMERCIAL.
53.
CONTINUE CONSIDERATION OF PROPOSED DELETION
6/8/99
OF PROVISIONS REQUIRING REVIEW OF
DISCUSSION
CERTIFICATES OF APPROVAL BY THE URBAN
196-197
DEVELOPMENT REVIEW BOARD AND PROPOSED
AMENDMENT OF ZONING ORDINANCE 11000 TO
ALLOW FOR PRIVATE FUNCTIONS TO BE HELD AT
CLUBS OR LODGES BY MEMBERS OF GENERAL
PUBLIC. (See label 73).
54. DEFER CONSIDERATION OF PROPOSED ACQUISITION 6/8/99
OF MOTOROLA ZTS 3000 PORTABLE RADIOS. (See M 99405
labels 9 and 40). . J 197-198
55. DISCUSS CHALKS, AIRLINE - WATSON ISLAND 6/8/99
TERMINAL DISCUSSION
199-204
56. AUTHORIZE FLEA : MARKET BY C.C.A.L. 6/8/99
CORPORATION AS TEMPORARY SPECIAL EVENTS, AT R 99406
1480 NORTHWEST NORTH RIVER DRIVE,) (MAHI 2O5-206
SHRINE PROPERTY).
�]. JOSE ALVAREZ' PROPOSAL REGARDING PLACEMENT 6/8/99
OF STATUE IN A PARK GAZEBO --SCHEDULED AS DISCUSSION
PUBLIC HEARING NEXT AGENDA. 206
_. 58.
DEFER CONSIDERATION OF "HELL RAISERS" POLICE
6/8/99
PROGRAM IN', LITTLE HAVANA.
DISCUSSION
'
207
59.
STATUS REPORT ON WORKERS' COMPENSATION
6/8/99
ABUSES.
DISCUSSION
'
207
60.
(A) DISCUSSION OF 2000 -LEGISLATIVE AGENDA
6/8/99
PRIORITIES
M 99-407
(B) DESIGNATE JOE . SANCHEZ AS LEGISLATIVE
207-210
" ,AGENDA COORDINATOR FOR 2000' F_ LORIDA STATE
'
LEGISLATIVE SESSION.
61.
FIRST READING ORDINANCE: AMEND CODE SECTION
6/8/99
2-6123 ENTITLED "ADMINISTRATION/CONFLICTS OF
ORDINANCE
INTEREST," . TO LIMIT A CITY EMPLOYEE'S
210-212
.
APPEARANCE BEFORE ANY CITY OF MIAMI BOARD,
COMMISSION OR AGENCY.
62.
BRIEF COMMENTS CONCERNING REGULATIONS FOR
6/8/99
ADULT LIVING FACILITIES - PREPARE LEGISLATION.
DISCUSSION
212
63.
(A) DISCUSS AND DEFER CONSIDERATION OF
6/8/99
TRANSFER OF OWNERSHIP_ OF KINGS WRECKER
DISCUSSION
SERVICE.
212-218
(B) DISCUSS RFP FOR TOWING SERVICES DIVIDED IN
DISTRICTS.
64.
DISCUSS PROGRAMMING ON CABLE TELEVISION NET
6/8/99 "
9 - AGENDA TO BE TELEVISED.
DISCUSSION
218-222
- 65.
APPOINT MARIO MARTI TO CHARTER REVIEW AND
6/8/99
REFORM COMMITTEE.
R 99-408
222-223
66.
DISCUSS FACADE PROGRAM ON S.W.- 8 STREET -
6/8/99
CONSTRUCTION PROBLEMS.
DISCUSSION
224
67.
DISCUSS EXAMS FOR PUBLIC WORKS AND OTHER
6/8/99
DEPARTMENT POSITIONS (WRITING SKILLS VS.
DISCUSSION
PRACTICAL EQUIPMENT OPERATION SKILLS)
224-225
COMMISSIONER TEELE REQUESTS ABOLISHMENT OF 6/8/99
ADVISORY BOARD RELATED TO OVERSIGHT DISCUSSION
PROCESS OF COMMUNITY DEVELOPMENT BLOCK 225
GRANT FUNDS.
69. AUTHORIZE IN -KIND SERVICES TO SUPPORT 6/8/99
OVERTOWN CHURCH OF CHRIST TENT REVIVAL AT R 99-409
1800 N.W. 1 PLACE. 225-226
70. DISCUSSION CONCERNING THE MONTHLY 6/8/99
FINANCIAL REPORT INCLUDING THE BUDGET DISCUSSION
OUTLOOK AND A FINANCIAL UPDATE - POLICE 226-227
OVERTIME - BUILDING PERMITS TO BE PROVIDED TO
COMMISSIONERS PER DISTRICT.
71. DEFER CONSIDERATION OF TERMS OF ELECTED 6/8/99
OFFICIALS AS MEMBERS OF BOARDS. DISCUSSION
227
72. CONTINUE CONSIDERATION OF APPOINTMENTS TO: 6/8/99
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY DISCUSSION
BOARD, COCONUT GROVE STANDING FESTIVAL 227-228
COMMITTEE AND COMMITTEE ON .BEAUTIFICATION
AND ENVIRONMENT.
73. CONTINUE CONSIDERATION OF: 6/8/99
(A) PROPOSED DELETION OF PROVISIONS REQUIRING M 99-410
REVIEW OF CERTIFICATES OF APPROVAL BY URBAN 228-229
DEVELOPMENT REVIEW BOARD;
(B) PROPOSED AMENDMENT TO ALLOW FOR PRIVATE
FUNCTIONS TO BE HELD AT CLUBS OR LODGES BY
MEMBERS OF THE GENERAL PUBLIC;
(C) PROPOSED AMENDMENT TO ALLOW SINGLE
FAMILY DUPLEX DEVELOPMENT IN THE R-3 AND R-4
ZONING DISTRICTS TO UTILIZE THE SAME BUILDING
CRITERIA AS R-1 AND 4-2 DISTRICTS;
(D) PROPOSED CODE AMENDMENT- ALCOHOLIC
BEVERAGES- TO INCLUDE SD-8 DESIGN PLAZA
COMMERCIAL -RESIDENTIAL DISTRICT.
74. AUTHORIZE EXECUTION OF PROFESSIONAL 6/8/99
SERVICES AGREEMENTS FOR COUNSELORS / VICTIM R 99-411
ADVOCATES ($15,672.23 EACH) FROM STOP VIOLENCE 23a231
AGAINST WOMEN GRANT.
75. DISCUSS ZERO TOLERANCE SIGNS TO BE PROVIDED 6/8/99
TO UPPER EASTSIDE NEIGHBORHOOD. DISCUSSION
231
CLARIFY THAT PROPOSED DELETION OF PROVISIONS 6/8/99
REQUIRING REVIEW OF CERTIFICATES OF APPROVAL DISCUSSION
BY URBAN DEVELOPMENT REVIEW BOARD WILL BE 231
CONSIDERED ON DULY 27, 1999. (See labels 53 and 73).
77. CONGRATULATE JIM KAY ON DILIGENT EFFORTS TO 6/8/99
VACUUM WATER IN FLOODED AREA OF CITY, DISCUSSION
COVERED BY CNN TELEVISION (See label 1) 231-232
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF NIIAMI, FLORIDA
On the 8`h day of June 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 9:39 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)
ALSO PRESENT:,.
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
Commissioner Tomas Regalado (District 4)
Note for the Record: The following items were considered prior to the meeting officially convening at
10:07 a.m.
1 . CHAIRMAN PLUMMER COMMENTS ON WATER PROBLEMS IN BELLE MEADE AREA
(SEE SECTION #77)
Chairman Plummer: Mr. Manager, just to let you know, my office is bombarded with phone- calls from
Belle Meade. Supposedly, the water situation up there is atrocious. I don't know what you need to do,
whether through Public Works or what, but I think that the matter needs to be addressed and I'll ask you
to, please, do something as quickly as you can.
Mr. Donald H. Warshaw (City Manager): We are, Commissioner.
Chairman Plummer: Thank you. Mr. Clerk, would you call around and see if any of the other
Commissioners are here? Some of the presentations are by — other. than the two of us that are here.
1 June 8, 1999
Mr. Warshaw: J.L.?
Chairman Plummer: Yes, sir.
Mr. Warshaw: We're going to pull CA-4.
Chairman Plummer: The Manager has indicated to me, for the record, he is pulling CA-4. If you are
here on CA-4, we will see you, at the earliest, on. the 22nd of June. Now, let me find out what CA4 is.
Note for the Record: The Administration withdrew agenda item CA4.
2 PRESENTATIONS & PROCLAMATIONS:
(A). CERTIFICATE -OF APPRECIATION TO BUAN OF BIJAN'S FOR HELP WITH COMMUNITY
AND SPONSORSHIPS FOR VARIOUS EVENTS.'
(B). CERTIFICATE OF APPRECIATION TO RAY ROSS OF F HI -TECH CONCRETE FOR HELP
WITH COMMUNITY AND DAY .. CARE . CENTERS ' (ST ALBAN'S) THAT NEEDED
PLAYGROUNDS.
(C). PROCLAMATION TO JETRO CASH AND CARRY -AND RESTAURANT DEPOT FOOD
WHOLESALERS IN M IAMI TO CELEBRATE ITS GRAND OPENING. .
(D). CERTIFICATE OF APPRECIATION TO RANSOM EVERGLADES FOR ALLEVIATING
TRAFFIC ON MAIN HIGHWAY. -
(E). CERTIFICATE OF APPRECIATION TO' BLANCA NUNEZ, JOSE INFANTE'S MOTHER,
BECAUSE OF HER INVOLVEMENT IN MANY CHARITABLE PROJECTS FOR CHILDREN IN
THE CITY OF MIAMI, , INCLUDING_ . CUBAN CHILDREN PROGRAM, HEAD START AND TODOS
LOS SANTOS.
(F). CERTIFICATE OF APPRECIATION TO PINKY SANDS, A COMMUNITY ACTIVIST.
ALTHOUGH SHE WORKS FOR METRO-DADE, SHE WORKS IN AN EXTRAORDINARY
CAPACITY WITH THE COMMUNITY. SHE WORKS WITH THE GOOMBAY FESTIVAL AND
WAS PAST PRESIDENT OF FAMILY HEALTH CENTER.
(G). ROSALIND SPARKS, AND DORTHY LEE RECOGNIZED FOR COCONUT GROVE
COMMUNITY WORK.
Note for the Record: Presentations made as outlined in Section 2 above.
Note for the Record: Commissioner Teele and Commissioner Regalado entered the ,Commission
Chambers at 9:41 a.m.
3. RESOLUTION OF CONDOLENCE TO FAMILY AND FRIENDS OF LATE JOSE
FERNANDEZ, FORMER.ASSISTANT CITY ATTORNEY. - . . - - I -
Chairman Plummer: Mr. Mayor, the — I'm going to wait till all the people from the Upper Eastside get
here, when they'do. Mr. Gort, you have something that you wish?
Vice Chairman Gort: You know, unfortunately, last week we had a very tragic week. We had -one of our
own, Assistant City Attorney, Jose Fernandez, who had an accident where he was killed, so I would like
to have a resolution of the Miami City -- expressing deepest sympathy and sincerest condolences of the
City Commission, on behalf of the City of Miami, for the employees and citizens, to the family and
friends of Jose Fernandez whose ultimate death.
2 June 8, 1999
Chairman Plummer: Mr. Gort offers the resolution, seconded by Mr. Sanchez and Mr. Teele and Mr.
Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-368
A RESOLUTION OF THE MIAMI CITY, COMMISSION
EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF
THE CITY OF MIAMI, ITS EMPLOYEES, AND ITS CITIZENS TO
THE FAMILY AND FRIENDS OF JOSE A. FERNANDEZ, UPON HIS
UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
4. RESOLUTION OF CONDOLENCE TO FAMILY AND FRIENDS OF LATE LOURDES
AGUILA, FORMER PRESIDENT OF LEAGUE AGAINST CANCER.
y Vice Chairman Gort: Also, I'm sure you all read about the next resolution. It's a lady by the name of
Lourdes Aguila.
Chairman Plummer: Hey, hey, hey. Please, please. -r
Vice Chairman Gort: Lourdes Aguila was an individual that formed the League Against Cancer, which is
an organization, non-profit, that has served this community. Served thousands of people that could not
afford to deal with the tragedy of having cancer, and she passed away and I would like to pass a
resolution from the Miami City Commission expressing deepest sympathy and sincerest condolences of
the City Commission on behalf of the City of Miami and its citizens to the family and friends of Lourdes
Aguila upon her untimely death. At the same time, I would like to send to the Street Coordinating
Committee the naming of the street right in front of the League Against Cancer, which is P Avenue —
and I'll get the rest, of it— to be named Lourdes Aguila Way.
3 June 8, 1999
Chairman Plummer: Moved by Mr. Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Mr. Sanchez, Mr. Teele and Mr. Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-369
A RESOLUTION OF THE MIAMI CITY COMMISSION
EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF
THE CITY OF NIIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF LOURDES AGUILA, UPON HER UNTIIVIELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
5. RESOLUTION OF CONDOLENCE TO FAMILY AND FRIENDS OF LATE PHIL
HAMMERSMITH.
Chairman Plummer: Mr. Gort. If I may? In the resolutions of memorials, -a` gentleman who was well
known to all of us, who passed away, without question, so suddenly, at the age of 52. He had been
involved in every aspect of this community, and I think that this Commission would, in fact, send to his
family the feelings of condolences, and I'm speaking of Mr. Phil Hammersmith. I was at the funeral with
a lot of other people, three hundred and four hundred people that showed up for the funeral to pay tribute
to this individual. So, I would offer a resolution likewise to be sent to the family of Mr. Phil
Hammersmith.
Vice Chairman Gort: Move it.
4 June 8, 1999
Chairman Plummer: Moved by Gort.
AA
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez, Teele and Regalado. 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.99-370
A RESOLUTION OF THE MIAMI CITY COMMISSION
EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF
THE CITY OF NIIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF PHIL HAM MRSMITH, UPON HIS UNTIMELY
DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the. resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez : . -
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would ask that all five Commissioners be afforded the opportunity to co-sign the
proclamation, if they choose. ..
Chairman Plummer: We will make note of that and I am sure it will be "done. Other presentations?
5 June 8, 1999
6. (A) COMMENDATION TO CITY CLERK WALTER FOEMAN AND HIS STAFF.
(B) PROCLAMATION TO LUIS SABINES, JR. IN RECOGNITION OF COMMUNITY
DEVELOPMENT BUILDING GRANTS SINCE HIS APPOINTMENT TO SMALL BUSINESS
OPPORTUNITY CENTER.
(C) CERTIFICATES OF APPRECIATION TO THE UPPER EAST SIDE FOR OUTSTANDING
WORK AND COORDINATION OF THE FIRST SPRING FESTIVAL: ALLEN JONES, R.
COLLETTE HAILEY, DAVID TREECE, ROBERT FLANDERS, HEKKI TALVITIE, WILLIAM
VALLENILLA, SUE LYNCH, CORRINE DUROURE, DREW DUNCAN, CHERI TOOD-ROPER,
BILL MATHISSEN, ROSIE GORDON WALLACE, NICK WILLIAM, YVON DECOSSARD.
(D) CERTIFICATE OF APPRECIATION TO DR. DAVID WHITE, RETIRED EDUCATOR AND
COMMUNITY ACTIVIST, FOR HIS MANY EFFORTS TO IMPROVE THE COMMUNITY
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I have a few presentations: I would like to start off with
recognizing an employee of the City, who has been here for 19 years: Himself and his staff has devoted
many, many hours, and many years to making this City what it is today, and New Times awarded them
with Best of Miami, recognizing Walter Foeman, Miami City Clerk, for "Best Bureaucrat." And I would
like to read the article that stated:. "Foeman has never been charged with taking bribes. He's never
committed voter fraud. -Nor has he used his public position, one of the top three posts at the City of
Miami, to slip influence to local developers or to lobby against Fidel Castro, a real possibility in a
government historically obsessed with foreign affairs. Foeman survived Operation Greenpalm because
he's a true representative who serves his constituents with solid professionalism. Most days he arrives at
his Dinner Key office early in the morning, laboring in solitude before the phone ring. The staff he
oversees is the nicest, most helpful -bunch of civil servants in the City of Miami,: if not the entire
community. Like Foeman, they work hard, while keeping their politics to themselves." So, I would like
Mr. Foeman to come up here and receive a proclamation And, then, I would like him to be followed by
his staff. [APPLAUSE]
Chairman Plummer: We give proclamations instead of raises.
Mayor Carollo: Congratulations.
Vice Chairman Gort: Right. So, now he knows he's not going to get any raises for the next five years.
Commissioner Sanchez: Walter, this proclamation reads, "Whereas Helen Keller once said, "The world
is moved, not only by the might shoves of the heroes, but also by the aggregate of tiny pushes of each
honest worker. "And whereas Walter J. Foeman is diligent, dedicated and c6mmitted to providing high
quality service; and whereas Walter Foeman has been recognized,'not only by the local newspaper, but
by the countless individuals that they assist on a daily basis; and whereas the City of Miami, is very
proud of his hard work and recognizes his contributions to the magic that is the "Magic City" and also his
staff. Now, therefore, the Mayor of Miami, Joe Carollo, does hereby proclaim Walter L Foeman Day"
Walter, it is my pleasure to present you with this proclamation. [Applause] You are truly, truly an
inspiration to this City. Walter, say something. Go ahead.
Mr. Walter J. Foeman (City Clerk): Thank you, members of the Commission. I can assure you...
6 June 8, 1999
Commissioner Sanchez: No wonder he's the "Best Bureaucrat."
Mr. Foeman: I can assure you ...that I didn't campaign for this recognition. But, on a serious note, I think
the true recognition goes to my staff. I am just one link on the chain and, in that regard, I am just proud
of the good team effort in providing public service. [APPLAUSE]
Commissioner Sanchez: And, Walter, I would also like to recognize your staff. So, when we are done
with this picture, we could have your whole staff come up. I have salutes from the City of Miami for
your staff. Also, the City of Miami Florida would like to salute his staff, Walter Foeman's staff. Jonda
K. Joseph, if you could come up, please. In recognition to your many contributions to the City of Miami
and for being recognized by the local media for an outstanding service to this community, we would like
to present this salute to you. Please.
Chairman Plummer: Are you going to call them individually? Why 'don't you just call them all up at one
time.
Commissioner Sanchez: Well, if you could all come up and we'll give them to you.
Commissioner, Sanchez: Joyce Jones, Karla Polizzi, Esther Guerrero, Sylvia Lowman, Miriam Parra,
Yolande A. Davis, Maria J. Argudin.
Chairman Plummer: Maria? What happened to Josephine?
Mayor Carollo: OK, Josephine, Congratulations.
Maria J. Argudin (Asst. City Clerk): Thank you.
Commissioner Sanchez: So, on behalf of the Mayor and the Commissioners here, we would like to
congratulate each and every one of you for your dedication and hard work to the City of Miami. God
bless you. [APPLAUSE]
Chairman Plummer: Mr. Sanchez, you have one last...
Commissioner Sanchez: Yes, sir. Mr. Chairman, I would like to call up Luis Sabines, Jr., who, today,
would be recognized by the Mayor and the Commissioners for his -dedication and hard work and
contributions to the City of Miami.
Note for the Record: Presentations made as outlined in Section 6.)
Mayor Carollo: If I could ask everyone to stand up, please, so that we can begin the Commission
meeting with a prayer.
[At 10:07 a.m., the invocation was delivered by Mayor Carollo, who then led those present in a pledge
of allegiance to the flag. At this point, the Commission meeting officially convened.]
Mayor Carollo: Chairman Plummer, I am going to be upstairs throughout most of the meeting. If I am
needed, please call upon me. There will be a few items that, as they come up, I will come down to join
the Commission. Thank you.
7 June 8, 1999
Chairman Plummer: If you would send, please, down a note with those items, with their numbers. so 111
know which can and cannot be.
Mayor Carollo: I'll give them to you shortly.
Chairman Plummer: Thank you, sir. Ladies and gentlemen, I ask you please to look at the board. There
are items that, have been withdrawn prior to the Commission meeting starting, and those items are
automatically carried over to the next Commission agenda. There is one item that has been pulled this
morning by the Manager and that is Item CA-4.
Note for the Record: There are no vetoes.
Chairman Plummer: First order of business is to indicate that there are no vetoes by the Mayor.
7. CONSENT AGENDA.
Vice Chairman Gort: Excuse me, Mr.
Chairman Plummer: We are now into the Consent... r
Vice Chairman Gort: Excuse me, Mr. Chairman.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Mr. Manager', can I ask the reason why CA4 was pulled out? I mean, that...
Mr. Donald H. Warshaw (City Manager): Pulled at the request of the Police Chief, to be brought back at
another meeting.
Vice Chairman Gort: Because that's a great organization. They do a lot of... '
Mr. Warshaw: OK. I'll try to find out the specifics.
Vice Chairman Gort: Thank you.
Chairman Plummer: It'will go to the next agenda as a regular agenda item. We are now on the Consent
Agenda. Any of the Commissioners wishing to pull any of the Consent items? Hearing none, we'll open
it to the public.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer:. Mr. Sanchez.
Commissioner Sanchez: OK. One item that's here, that's not*pulled, and I am glad...
Chairman Plummer: All right.
Commissioner Sanchez: I am glad it's not pulled.
8 June 8, 1999
Chairman Plummer: All right. We will now hear from the public. Anyone wishing to speak on any of
the Consent items? Mr. Boom -Boom.
Mr. Manuel Gonzalez-Goenaga: Well, good morning. My name is Manuel Gonzalez-Goenaga. Do you
hear me?
Chairman Plummer: Unfortunately, yes.
Mr. Gonzalez-Goenaga: Well, let me tell you, by way of introduction — Oh, incidentally, I live on Union
Boulevard, corner of Boom -Boom Ways. And the issue is that I do not oppose the naming of Pinar Del
Rios Way, but let me tell you. I am a human being. I have the...
Chairman Plummer: Sir, are you speaking to the Consent Agenda?
Mr. Gonzalez-Goenaga: Yes. On the particular issue, on CA-5.
Chairman Plummer: All right, sir.
Mr. Gonzalez-Goenaga: Remember that the Times, New Times, have named me, in 1995, "The Gadfly
of the Year", and then, in 1996, Mr. Mariano. I think the minimum, just for taking the — to come here, -
we should be given some kind of Way, like Boom-Boom's Way in my street, and in Mariano's street,
Mariano's Way. Thank you, very much.
Chairman Plummer: Yes. Well, that's very happy. We'll be glad to do that, as you have requested,
because our new policy is, you have to be dead. Now, would you like to comply with our new policy,
we'll do what you need. Any person else wishing to speak to an item on the Consent Agenda? Hearing
none, a motion is in order. Consent Agenda moved by Mr. Sanchez, seconded by Mr. Regalado. All in
favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
9
June 8, 1999
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER
DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED AS A
y' REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER
SANCHEZ AND SECONDED BY COMMISSIONER REGALADO,
THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
2 Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
7.1 ACCEPT BID OF INNOVATIVE;SURVEILLANCE TECHNOLOGY; INC-.'FOR MAINTENANCE
AND STORAGE OF SPECIAL INVESTIGATION SECTION SURVEILLANCE VEHICLE ($7,980),
FOR POLICE. =
RESOLUTION NO.99-371
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF INNOVATIVE SURVEILLANCE TECHNOLOGY,
INC., FOR THE MAINTENANCE AND STORAGE OF THE
SPECIAL INVESTIGATION SECTION SURVEILLANCE VEHICLE,
FOR A PERIOD OF ONE YEAR, IN AN AMOUNT NOT, TO
EXCEED $7,980, FOR THE DEPARTMENT OF POLICE, WITH THE
OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR
PERIODS; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 00 1000.290201.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
10 June 8, 1999
;62 ACCEPT BID OF TEMPLETON AND FRANKLIN VETERINARY ASSOCIATES.. FOR
PROVISION OF VETERINARY SERVICES FOR POLICE HORSES ($18,000).
RESOLUTION NO.99-372
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF TEMPLETON AND FRANKLIN VETERINARY
ASSOCIATES, FOR THE PROVISION OF VETERINARY SERVICES
FOR HORSES, ON AN AS -NEEDED CONTRACT BASIS FOR ONE
YEAR, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT
NOT TO EXCEED $18,000, WITH THE OPTION TO RENEW FOR
TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 00 1000.290201.6.260.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
7.3 ACCEPT BID OF BENNETT ELECTRIC SERVICE CO., INC., FOR "DOUGLAS PARK SPORT
LIGHTING PROJECT B-6291 (SECOND BIDDING)." ($125,500).
RESOLUTION NO. 99-373 .
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF BENNETT ELECTRIC SERVICE CO., INC., FOR THE
PROJECT ENTITLED "DOUGLAS PARK SPORT LIGHTING
PROJECT B-6291 (SECOND BIDDING)", IN THE AMOUNT OF
$125,500; ALLOCATING FUNDS THEREFOR FROM PROJECT NO.
333102 AS APPROPRIATED BY . FISCAL YEAR 1998-1999
APPROPRIATIONS ORDINANCE 11705, AS AMENDED; IN THE
AMOUNT OF $125,500 THE CONTRACT COST, $20,825
ESTIMATED EXPENSES; TOTAL ESTIMATED PROJECT COST OF
$146,325; 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.)
1 I June 8, 1999
74 CODESIGNATE SOUTHWEST 21IT AVENUE FROM SOUTHWEST 6TH STREET TO
SOUTHWEST, 8TH STREET, AS "PINAR DEL RIO WAY."
RESOLUTION NO.99-374
A RESOLUTION OF. THE MIAMI CITY COMMISSION
CODESIGNATING SOUTHWEST 21 IT AVENUE FROM
SOUTHWEST 6TH STREET TO SOUTHWEST 8TH STREET, MIAMI,
FLORIDA, AS "PINAR DEL RIO WAY' ; . FURTHER DIRECTING
THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE
DEPARTMENT OF PUBLIC WORKS TO TRANSMIT A COPY OF
THE RESOLUTION TO THE HEREIN DESIGNATED OFFICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
7.5 ACCEPT DONATIONS .($3,800), FROM THE KMART- FAMILY FOUNDATION, TO BE USED
EXCLUSIVELY BY THE POLICE DEPARTMENTS � DRUG' ABUSE RESISTANCE EDUCATION
(D.A.R.E.) PROGRAM. "
RESOLUTION NO.99-375
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
DONATIONS IN'THE AMOUNT OF $3,800 FROM THE KMART
FAMILY' FOUNDATION, TO BE USED EXCLUSIVELY THE
POLICE DEPARTMENT'S DRUG ABUSE RESISTANCE
EDUCATION (D.A.R.E.) PROGRAM; "AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO
ACCEPT SAID DONATION...
(Here follows body of resolution, omitted here -and on file in the Office of the City Clerk.)
8. RATIFY, APPROVE AND CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ACQUISITION OF THE
KRONOS PAYROLL SYSTEM YEAR 2000 (Y2K) UPGRADE, TRAINING, AND TECHNICAL
SERVICES FROM KRONOS SYSTEMS; INC., FOR THE DEPARTMENTS OF SOLID WASTE AND
GENERAL SERVICES ADMINISTRATION, ($35,426).
Chairman Plummer: The next item is item two, approving and confirming the -City Manager's finding of
A sole source, and that is for a payroll system, the year 2000, Y2K. It requires a four -fifths vote and it is
for the total amount of thirty-five thousand four hundred and twenty-six dollars ($35,426). Are there any
questions? Is there a motion?
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Mr. Gort.
Commissioner Regalado: Second.
12 June 8,' 1999
Chairman Plummer: Seconded by Mr. Regalado. All in favor?
The Commission (Collectively): Aye.
Chairman Plummer: Well, no. Four -fifths — no. Excuse me. Four -fifths. Call the roll.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-376
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 COMPETITIVE SEALED BIDS AND
APPROVING THE ACQUISITION OF THE KRONOS PAYROLL
SYSTEM YEAR 200 (Y2K) UPGRADE, TRAINING, AND
TECHNICAL SERVICES FROM KRONOS SYSTEMS INC., THE
SOLE SOURCE PROVIDER, FOR THE DEPARTMENTS OF SOLID
WASTE AND GENERAL SERVICES ADMINISTRATION, IN AN
AMOUNT NOT TO EXCEED $35,426; ALLOCATING FUNDS
THEREFOR FROM SOLID WASTE, ACCOUNT CODE NO.
422001.320302.850 ($17,713), AND GENERAL SERVICES
ADMINISTRATION ACCOUNT CODE NOS. 502001.420101.840
($15,000) AND 505000.420501.840 ($2,713).
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
13 June 8, 1999
TABLE CONSIDERATION OF ACQUISITION OF 1,029 XTS 3000 PORTABLE RADIOS WITH
ACCESSORIES AND PROVISION TO TRADE-IN EXISTING RADIOS, FROM MOTOROLA, INC
FOR THE DEPARTMENTS OF POLICE AND.FIRE-RESCUE ($3,436,360.25). (See SECTIONS #4(
and #54).
Chairman Plummer: I am going to ask that item three be put over till the afternoon. I need some more
information on item three.
10. PERSONAL APPEARANCE BY MS. DOLLY MACINTYRE, ON BEHALF OF THI:
VILLAGERS, INC., IN HONOR OF THE HERITAGE OF THE CITY. OF MIAMI AND NATIONAL
PRESERVATION WEEK.
Chairman Plummer: Item four is Dolly MacIntyre on behalf of the Villagers'. Dorothy MacIntyre.
Vice Chairman Gort: We got to motion number two.
Chairman Plummer: I'm sorry?
Vice Chairman Gort: Make the motion on number two. -
Chairman Plummer: Number two was moved by - I thought by Sanchez and, seconded by Regalado.
Commissioner Sanchez: Yes, it was.
Chairman Plummer: Yes.
Commissioner Sanchez: Mr. Chairman, just on item three, I would appreciate if it's brought in the
afternoon also, but I do want to hear -it today.
Chairman Plummer:- I'm sorry?
Commissioner Sanchez: The Motorola issue.
Chairman Plummer: Yeah.
Commissioner Sanchez: I — we'll be hearing it in the afternoon?
Chairman Plummer: Yeah.
Commissioner Sanchez: Ok
Vice Chairman Gort: Yes.
Chairman Plummer: OK. Mrs. MacIntyre..
Ms. Dolly MacIntyre: Yes. Good morning, Commissioners. My name is Dolly Maclntyre of 1835 South
Bayshore Drive. I am here as a representative of The Villagers, an organization of almost 200 women
who have worked to preserve Miami's landmarks since 1966. We believe that historic preservation
14 June 8, 1999
strengthens communities. I would like to say that again. Historic preservation strengthens communities.
This concept has been at the heart of the National Trust for historic preservation since its founding, 50
years ago. The Trust provides leadership, education and advocacy to save America's diverse historic
places and to revitalize our communities, and it works with people like us to save the American
experience, whether it's a main street, like our Flagler Street, an ancient native American site like the
Miami Circle, or the Freedom Tower, a symbol of our immigrant population. As Americans, we have a
responsibility to protect their past. The Villagers would like to present each of you with membership in
the National Trust for Historic Preservation in the hope that you will learn more about this important part
of our lives and that you will continue to work to strengthen our City. The memberships are sponsored
by The Villagers and underwritten by individual members. And, as I present the certificates and your new
member package to each one, I will tell you who your sponsor is, if I may?
Chairman Plummer: Uh-oh
Ms. MacIntrye: Commissioner Regalado, underwritten by -- [inaudible comments - off microphone]
Commissioner Teele, underwritten by Rene Balier. Commissioner Sanchez, underwritten by Barbara
Warner. Commissioner Gort, underwritten by Marian Venavick...
Vice Chairman Gort: Thank you very much.
Ms. MacIntyre:... and Commissioner Plummer, underwritten by Lewis Leggy.
Chairman Plummer: Thank you.
Ms. McIntyre: And Manager Warshaw, underwritten by me.
Mr. Donald H. Warshaw (City Manager): Thank you very much.
Ms. McIntyre: Thank you very much.
Chairman Plummer: Thank you, ma'am. .
11. PERSONAL APPEARANCE BY MS. EARTHA WALKER, TO ADDRESS THE COMMISSION
CONCERNING HER WATER AND SEWER BILL.
Chairman Plummer: The next item, Eartha Walker. Is she present?
Ms. Eartha Walker: Yes, I am.
Chairman Plummer: All right. My favorite subject, the water bill.
Ms. Walker: Yes, sir. Good morning, Commissioner.
Chairman Plummer: Good morning.
Ms. Walker: My name is Eartha Walker and I live at 850 Northwest 50'h Street. My water have been cut
off and, plus, they took the meter. When I called the office, I wanted to know how come that I was
paying more sewage than water bill. The lady couldn't tell me how come the sewage was higher than the
water bill. So, I decided to tell them, hey, I'm not going to pay no more water bill until you tell me about
15 June 8, 1999
the sewage. I want to know. First she said, "Well, it's up to you. You either pay or you don't pay it or
we'll take the meter, OK." So, I called again. A guy answered the phone and he says, " You're in arrears
of fifteen -- one thousand five hundred thirty-two dollars and twenty-five cents ($1,532.25)," and I said.
"What for, sir?" He said, "This is your water bill." And I have it right here. My water charge is ninety-
four dollars ($94.00), my sewage is one hundred and forty-four dollars ($144); 1 pay utility service tax
fee is seventeen dollars and ninety-two cents ($17.92); exercise tax, nine dollars and forty-four cents
($9.44), City of Miami Storm Sewage charge is ten dollars and fifty cents ($10.50).
Chairman Plummer: Ms. Walker?
Ms. Walker: Yes.
Chairman Plummer: Are you aware that the area you are speaking to is a County function and that the
City has no authority over the water and sewer?
Ms. Walker: No, sir, I didn't know that.
Chairman Plummer: OK. Mr. Manager?
Mr. Donald Warshaw (City Manager): Yeah.
Chairman Plummer: It was my understanding that all people that came here on a discussion item had to
go through your office before. And I think that to bring this lady here today is a waste of her time, our
time, when she should have been told, from the very beginning, to go to Dade County Water and Sewer.
Mr. Kay, you have...
Mr. Jim Kay (Director, Public Works Department): Mr. Chairman, you're right, this is a County
function. We will check into this on her behalf for her. She is a citizen of the City of Miami, which
will...
Chairman Plummer: No. But my point was, is that all of the people who are on an agenda for a
discussion' item should go to the Manager prior to it becoming a matter of the agenda, so he can, at least,
if not speak to the issue or say, I'm sorry, it's not a City issue. So, I would hope, in the future, to try to
save her time and ours and yours, that that could be the case. Ms. Walker, Mr. Kay is Director of Public
Works.
Ms. Walker: OK. Not only that, you put a lien on my house.
Mr. Kay: No.
Chairman Plummer: He's not— we're not going to put the lien on your house.
Mr. Kay: No.
Chairman Plummer: The County Water and Sewer maybe is the one who's going to do it, but Mr. Kay is
going to tell you the appropriate people that you need to go to talk to in the County. The City has no
authority in this matter.
Ms. Walker: OK. Thank you, Commissioner. Because I didn't know that.
16 June 8, 1999
Chairman Plummer: All right.
Commissioner Regalado: But, if I may? We had a situation similar in District 4 and we went to the
Water and Sewer Department and they made an .arrangement with the tenants. And the reason -- when 1
saw your name here, I brought my bill. And I am paying for sewer charge one hundred and forty dollars
($140) and for water, ninety-six dollars ($96), which — I mean, it really boggles my mind. But, also,
there is a storm sewer charge from the City of Miami, which is ten fifty. My question to Jim and the
Administration is, this is used to clean the sewers, is that correct? To use the two trucks that we have to
clean the sewers?
Mr. Kay: If you're referring to the ten fifty item...
Commissioner Regalado: Yeah.
Mr. Kay: ...that is what the City — that's returned to the City of Miami, and part of that money does pay
for storm sewer maintenance,.yes.
Commissioner Regalado: OK. Now that...
Chairman Plummer: Then, what happened in Belle Meade this morning?
Mr. Kay: We do have a flooding situation, I've been told. I have sent vactor trucks up there to that area
to respond to the problem. They've had a lot of water and there could be some sewer lines that are
clogged up. We're investigating.
Vice Chairman Gort: We have the same problems in Flagami.
Mr. Kay: We also have a long-term plan for that area, as well.
Chairman Plummer: I would hope that you would make the people of Belle Meade, that have been
calling my office all morning, aware.
Mr. Kay: I've talked to the president up there already, sir.
Chairman Plummer: OK. Mr. Regalado, you know, I had the same problem. I live alone — and I said
this before. My water bill for the last quarter was two hundred and sixty-two dollars ($262).
Vice Chairman Gort: And he doesn't shower every day either, so...
Chairman Plummer: What do you mean? I do no cooking in my house; I takea- bath a day and I wash my
clothes once a week; don't use it for my sprinklers, and my bill is two hundred and sixty-two dollars
($262). I have a place of business on Bird Road, which is in the County, not in the City, in the County.
My water bill out there is fifty-eight dollars ($58) a quarter, and I've asked — and they were here at the
last meeting. And the lady from the Water and Sewer Department, — the way she and I have been
playing telephone tag, but she has tried to reach me and we've been unable to understand where the
problem is occurring. They came; they put a new meter in my house, and the meter says, I've not — any
leaks in my house. Commissioner Teele is the one who has brought to the forefront, where I think this
City is getting ripped off and that is the Administrative fee that Dade County is charging their own Water
and Sewer Department to where they have a fund in excess. I think — Commissioner Teele, you correct
me if I'm wrong — of about forty million dollars ($40,000,000). They're charging a double
17 June 8, 1999
administrative fee for Water and Sewer than they charge their own Aviation Department. Something has
got to be done. The water bills have absolutely gone completely out of sight. OK.
Mr. Walker: I completely agree with you.
Vice Chairman Gort: Mrs. Walker, do me a favor. Tell them — take it to my office and, also, we'll call
the County Commissioner in your district because, in the past, they've been able to help to...
Ms. Walker: OK. Thank you.
12. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "SOUTH
FLORIDA WATER MANAGEMENT DISTRICT ($25,475.23), CONSISTING OF A GRANT FROM
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION.
Chairman Plummer: All right. Item six has been withdrawn. We're now on item seven, which is a
second reading. This. is to establish a revenue fund for the South Florida Water Management District.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort, seconded by Sanchez. Anyone wishing to speak to the issue?
Hearing none, Mr. City Attorney, read the ordinance. Motion Understood? Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"SOUTH FLORIDA. WATER MANAGEMENT DISTRICT;" BY
ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS,
AND AUTHORIZING EXPENDITURES, IN THE AMOUNT OF
$25,475.23, CONSISTING OF A GRANT FROM THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT,
AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERALTY
CLAUSE.
18 June 8, 1999
passed on its first reading, by title, at the meeting of May 11, 1999, was taken up for its second and final
reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by Commissioner Sanchez.
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None
THE ORDINANCE WAS. DESIGNATED ORDINANCE NO: 11799. - - ._
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.
13. SECOND READING ORDINANCE: ' RELATED TO THE COCONUT GROVE SPECIAL
EVENTS DISTRICT AND THE COCONUT GROVE FESTIVAL COMMITTEE; AMEND CODE
SECTIONS 2-892, 39-34, 54-341 AND 54-342 TO MODIFY BOUNDARIES, CLARIFY
RESTRICTIONS AND EXEMPTIONS, REQUIRE NOTICE TO AFFECTED PROPERTY OWNERS
PRIOR TO EVENTS, CHANGE CITY STAFF LIAISON DESIGNATION AND DELETE THE WORD
"STANDING" FROM THE NAME OF THE COMMITTEE.
Chairman Plummer: Second reading on item eight is amending that which relates to the Standing —
deleting the word "standing" from the name of the committee of the Coconut Grove Festival Committee.
Moved by Sanchez, seconded by Regalado. Anyone wishing to discuss the issue? Read the ordinance.
Call the roll.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED
TO THE COCONUT GROVE SPECIAL EVENTS DISTRICT AND
THE COCONUT GROVE FESTIVAL COMMITTEE; AMENDING
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TO MODIFY THE BOUNDARIES, CLARIFY RESTRICT16NS AND
EXEMPTIONS, REQUIRE NOTICE TO AFFECTED PROPERTY
OWNERS PRIOR TO EVENTS, CHANGE CITY STAFF LIAISON
DESIGNATION AND DELETE THE WORD "STANDING" FROM
THE NAME OF THE COMMITTEE; MORE PARTICULARLY BY
AMENDING SECTIONS 2-892, 39-34, 54-341 AND 54-342 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
19 June 8, 1999
passed on its first reading, by title; at the meeting of May 11, 1999, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Vice Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur. E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11800.
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.
14. SECOND READING ORDINANCE: RELATED TO- THE AFFIRMATIVE ACTION ADVISORY
BOARD — AMEND CODE'. SECTIONS 2-887 AND 2-979 TO REDUCE THE NUMBER OF
MEMBERS REQUIRED FOR A QUORUM.
Chairman Plummer: Item number nine is to change the quorum for the Affirmative Action Advisory
Board. Moved by Gort, seconded by Sanchez. Anyone wishing to discuss the_ issue? Read the
ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE NIIAMI CITY COMMISSION RELATED
TO THE AFFIRMATIVE ACTION ADVISORY BOARD ("AAAB");
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CODE"), TO REDUCE THE NUMBER OF MEMBERS
REQUIRED FORA QUORUM TO CONVENE A MEETING OF THE
AAAB; AND CORRECTING A SCRIVENER'S ERROR TO
REFLECT THOSE BOARDS WHICH HAVE BEEN, EXEMPTED BY -
ORDINANCE FROM THE QUORUM PROVISIONS SET FORTH IN
SAID CODE; MORE PARTICULARLY BY AMENDING SECTIONS
2-887 AND 2-979 OF SAID CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
20 June 8, 1999
passed on its first reading, by title, atthe meeting of May 11, 1999, was taken up for its second and final
reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by Commissioner Sanchez,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by
the following vote:
AYES: 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. 11801.
The City attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
15. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED:
"NIIAMI-DADS COUNTY EMS GRANT AWARD (FY `98-99)," AND APPROPRIATE FUNDS FOR
OPERATION ($218,135.82) CONSISTING OF A $98,135.82 GRANT APPORTIONED BY MIAMI-
DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES "GRANT PROGRAM FOR COUNTIES," AND $120,000 IN CARRY-
OVER FUND BALANCE FROM PERVIOUS EMS GRANT AWARDS.
Chairman Plummer: Item number ten is a first reading to accept a grant for EMS services (Emergency
Medical Services). Moved by Gort, seconded by Sanchez. Anyone wishing to speak to item ten?
Hearing none, read the ordinance. Motion understood? Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE NHAMI CITY. COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"MIAMI-DADE COUNTY EMS GRANT AWARD (FY '98-99)", AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN
THE TOTAL' AMOUNT OF $218,135.82, CONSISTING OF A
$98,135.82 GRANT APPROPRIATED BY MIAMI-DADS- COUNTY
FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH
AND REHABILITATION SERVICES "GRANT PROGRAM FOR
COUNTIES", AND $120,000.00 IN CARRY-OVER FUND BALANCE
FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
CONTAINING A REPEALER PROVISIONS AND A SEVERABILITY
CLAUSE.
21 . June 8, 1999
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.
16. FIRST READING ORDINANCE: AMEND CHAPTER 35 OF THE CODE, ENTITLED "MOTOR
VEHICLES AND TRAFFIC", BY AMENDING. ARTICLE VIII, ENTITLED "VALET PARKING";
PROVIDE FOR ESTABLISHMENT OF " VALET PARKING IN OFFICE, COMMERCIAL AND
INDUSTRIAL DISTRICTS -CITYWIDE; PROVIDING FOR RELATED PERMITS, FEES, RULES
AND REGULATIONS AND APPEALS, SETTING FORTH ENFORCEMENT PROVISIONS: -
Chairman Plummer: Item eleven has been withdrawn. We're now on twelve. This...
Commissioner Regalado: I'll move it, Mr. Chairman, with an amendment.
Chairman Plummer: Well, hold on. You'll move it. Let's get a second.
Vice Chairman Gort: Second. .
Chairman Plummer: There is a second. Now, you wish to amend item twelve relating to valet parking?
Commissioner Regalado: Yes, sir.
Chairman Plummer: Go ahead. .
Commissioner Regalado: I have -- remember, several months ago; we approved an ordinance creating
the Coral Way Corridor for valet parking. We have now valet parking in downtown, Coconut Grove,
Brickell and Coral Way. I was curious and I asked the administration, first of all, how much was the
license to operate a valet parking?. And I was told — and some'people told me that it was one thousand.
dollars ,($1,000) a month. Then, I was curious and I went around and counted the valet parkings around
the Grove and Brickell and, apparently, there were -- or there are a lot., 'I have the number here, but it
doesn't need to be said. And, then, I asked and we found out that there are no licenses that had been
issued. What this means is that one thousand dollars ($1,000) a month, plus the parking meters that they
have to pay to lock, it's a lot. No restaurant, even if it is a five star restaurant, can pay one thousand
dollars ($1,000) .a month. I read the new ordinance, which is one thousand dollars ($1,000) each six
months, and I still think it's too high. And since we are not getting a penny out of this, I would like to
amend, to charge fifty dollars ($50) a month, which will be six hundred dollars ($600) a year, for any
22 '- June 8, 1999
restaurant who wants to do valet parking. I've talked to several restaurants and they said that fifty dollars
4$50) they can do. One thousand dollars ($1,000) or two thousand dollars ($2,000) a year, that would be
a lot. And let me tell you. A lot of people will not get the license and they will be out of compliance.
So, we're going to have to go out and find them. So, that's my amendment.
Chairman Plummer: Is there any — in the balance of the Oversight Board, was this amount of monies to
be used to balance the budget?
Mr. Donald H. Warshaw (City Manager): Well, the answer is yes, except there hasn't been any money
because, in the history of this ordinance, there's never been any money collected. So, a thousand dollars
($1,000) a month is prohibitive. My only concern about making it too low is that you might make it so
affordable that every little business in the City is going to decide to have valet parking and it would be
even more difficult...
Chairman Plummer: Chaos. _. .
Mr. Warshaw: But I agree with Commissioner Regalado. It's obviously..:
Chairman Plummer: What is the recommendation of the Administration?
Mr. Warshaw: Well, our recommendation was the thousand, you know, biannually. So; it would have
been two thousand dollars ($2,000) per year:, . . . , , . .
Mr. Raul Martinez (Assist. City Manager): And, Commissioner, if I may also?
Chairman Plummer: You can, if you tell us who you are. - .,
Mr. Martinez: Raul Martinez, Assistant City Manager. We're working -- this is an interim fixing up of a
bad ordinance. One thousand dollars ($1,000) per month was too expensive. We knew that. You know,
that's why nobody comes. They come get a permit. When they find out what it is, they just walk away
and continue to do it. And the Administration has known, probably since 1995 or '96, when this was
enacted, that it was too expensive. We are recommending this, one thousand dollars ($1,000) every six
months. We are working on a longer comprehensive ordinance where we'll take a look at the cost
pricing that Commissioner Regalado is recommending. We feel that one thousand dollars ($1,000) every
six months is competitive with what they charge on the beach and Coral Gables. If, during this six month
period that we're going to try out this ordinance, we find out that it's too expensive, that it could be fifty
dollars ($50) a month or sixty dollars ($60) a month, we'll come back, when we come with a long-term
ordinance to lower the amount. But, right now, we've got to find a way to permit the people.
Commissioner Regalado: But here we have a situation. OK. If we do this as- a trial period, some
businesses are going to say, "Well, I can't pay it because we have to pay Solid Waste and this and that."
Now, what is going to happen with the inspectors? Because — and you know why I found out? Because
one inspector visited one place and said, "Starting tomorrow, I'm going to start fining you one hundred
and fifty dollars ($150) a day because you're out of compliance." And, so, I -- then I started finding out
no one is paying. No one has been paying. And I don't see a problem with people being fined if they're
not in compliance. But let me tell you, they have to lock two or three parking meters, at least, and that's
a lot of money. Plus that, if you need to pay two thousand dollars ($2,000) a year — I mean, remember
that the valet parking, most of them, is done by companies and the restaurants let them do that. So, the
restaurants are going to have to share the costs. And I'm telling you, there are a lot of people that will be
23 June 8, 1999
out of compliance and then we're going to have a situation where we are going to go after different
restaurants. So...
Chairman Plummer: My only problem, Mr. Regalado, is, at fifty dollars ($50) a month, it's almost
impossible to monitor for that amount of money. And, you know, I...
Commissioner Regalado: But there is no need to monitor, Mr. Chairman.
Chairman Plummer: Yeah, whether or not they are paying.
Commissioner Regalado: Well, I will tell you. I think two thousand dollars ($2,000) is a lot. I would go
for one thousand dollars ($1,000) a year, which I think is something that people would not want to
realize.
Chairman Plummer: All right. The administration says, yes.
Vice Chairman Gort: Question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Also, if you want to limit it to "X" amount of individuals — and I haven't read*
through the whole thing — but you can specify how many seats and so on to keep a lot of the...
Chairman Plummer: Absolutely. Because, if not, they're going to be infringing.
Vice Chairman Gort: so, you can make that — you can make that — is that part of the ordinance?
Mr. Jim Kay (Director, Public Works): It's part of the ordinance.
Vice Chairman Gort: OK. What's the limit?
Chairman Plummer: Well, then, I hope they're property lines.
Vice Chairman Gort: By doing that, then the price would not really be...
Mr. Kay: The person that is operating has to come in for a permit and demonstrate that they're sufficient
parking off the site where they're going to put the cars that they park.
Vice Chairman Gort: No. I understand that. But do you limit to the permit to amount of seats or the size
of the restaurant? 1
Mr. Kay: It's tied into the facility, to the facility that they're serving.
Vice Chairman Gort: To the facility. But, how is it tied to the facility?
Mr. Kay: Be tied into — I believe it's number of seats.
Chairman Plummer: Is it within their boundaries of their property line or what — how many front feet do
they...
24 June 8, 1999
Vice ChairmanGort: No. Your biggest worries in the Administration is that everyone will come and
pull a permit of fifty dollars ($50)...
Mr. Warshaw: Right. That's exactly right.
Vice Chairman Gort: ... a month, and then you'll have disastrous traffic problems in the City of Miami.
You can limit that. You can still comply with what Commissioner Regalado is stating by specifying the
permit will be allowed to "X" amount of seats, and I think you can do that — and the Planning
Department, figure out what the people that really need. The valet parking will be just certain
businesses.
Mr. Francisco Garcia (Coconut Grove Neighborhood Enhancement Team Administrator): If I may
address that question, Commissioner Gort?
Chairman Plummer: You can, if you tell us who you are.
Mr. Garcia: Certainly, sir. I'm Francisco Garcia, Northeast Coconut Grove NET Administrator.
Chairman Plummer: And by — for the record — this is strictly for the record, I hope everybody
understands why I do that.
Mr. Garcia: Understood.
Chairman Plummer: Go ahead.
Mr. Garcia: You're right in that a constant. In every establishment that would seek to have valet
parking, is the number of seats they have if it's a restaurant, or the number of seats they have if it's a
theater or the square footage if it's a retail store. What changes, of course, is the demands generated by
each of those establishments. In aneffort to take that into consideration, the way we put together this
ordinance, basically, we ask the valet parking operator to come in and submit a plan to us saying exactly
what the volume of vehicles expected is and exactly how many off — site spaces they have to provide.
Based on that review, on a case -by -case basis, the Director of Public Works has the authority to either
accept or deny the permits.
Chairman Plummer: Does this apply only to restaurants?
Mr. Garcia: No, sir. It applies to any commercial establishment.
Chairman Plummer: Any valet parking?
Vice Chairman Gort: But you have to make sure you have it in black and white and you apply everything
to everyone the same. It's not up to interpretation. I mean, the person can clarify, see what the demands
are or what are the requirements.
Mr. Garcia: The review of the Public Works Director would be based exclusively on technical merit, not
on anything else.
Chairman Plummer: Well, most of these valet parkings are being done by private companies, not by the
restaurant themselves. Is the City indemnified from an insurance policy of any problems that happen?
25.. June 8, 1999
Mr. Kay: That is their requirement to have a one million dollar ($1,000,000) liability policy on this.
//
Chairman Plummer: OK. All right. So now, we've come to a compromise of one thousand dollars
($1,000) a year.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: We're not collecting money from any valet company right now?
Mr. Kay: That's correct.
Commissioner: Correct.
Chairman Plummer: We will be.
Commissioner Sanchez: There is no standardization plan as of yet? The ordinance.
Mr. Warshaw: The Ordinance?
Mr. Kay: The ordinance. This is aninterim...
Commissioner Sanchez: The Ordinance.
Mr. Warshaw: There is a plan but no one has applied for it. And we certainly know we have valet
parking all over the City. So, this is an attempt to be able to standardize and control it.
Commissioner Sanchez: And that's a good thing. On Regalado's proposal, whatever he's going to put
forward, one concern that I do have is,: two thousand dollars ($2,000) a year, that's a little steep, to be
honest with you. But, what we have to do is, and it's my suggestion to the Administration is that people
want to comply with the rules, but once you put it where it's not affordable and it becomes too much of
an obstacle in the way to accomplish what they want to do, then people don't comply with the rules. So,
one thousand dollars ($1,000) is reasonable. Maybe one thousand two hundred — one hundred a month is
reasonable. Whatever recommendations you want to make.
Chairman Plummer: Do we have a higher bid?
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would recommend — and I would hope that the Commissioner who's monitoring
this, Commissioner Regalado, would agree -- twelve hundred dollars ($1,200), only from the point of
view that it's...
Unidentified Speaker: Good morning, Mr. Commissioner.
Chairman Plummer: Yes. Good morning, sir.
26 June 8, 1999
Unidentified Speaker: Thank you.
Chairman Plummer: All right. You're on television. Now, you're made your point. You can leave.
Commissioner Teele: that it's one hundred dollars ($100) a month. And I would hope that, rather than
charging them an annual fee, you would give them the opportunity to pay on a monthly basis or an annual
basis, depending. But let me just say this. I really am concerned about the way we're doing this now. I
don't think — I think it's a little bit more complicated than we are over — we, the Commissioners, are
over -simplifying it and I would hope that the staff would take a look at this between first reading and
second reading because I've got to tell you this! I agree with everything that Commissioner Gort has said
and, that is, that it should be fair and there should not be a lot of discretion to deny someone who meets
the requirement. But, at the same time, I believe that a restaurant that has 50 tables or 50 chairs should
not pay the same thing as a theater that may be using up 1,000 — that may be parking 1,000 cars at a time.
I think — you know, I don't have the solution. You all are the experts. But I do think that there may be a
process where we're talking about, not just a flat fee, charging everybody the same thing, but a minimum
fee that is low, that may even be lower than one hundred dollars ($100) a month in the case, say, of a
small restaurant. But on the other hand, I think if someone's using up four, or five hundred cars a day,
they should be treated differently than someone who's using up forty or fifty cars a day. Mr. Manager,
I'd be very interested in your reaction to that because I — it just — it seems like we're oversimplifying...
Mr. Warshaw: And, Commissioner, I agree with you 100 percent, and that's why we're just, at this
point, on an interim basis, amending the current ordinance, but are going to more thoroughly study it.
And, you're right, they're all kinds of circumstances. You could have a 50-seat restaurant that has no
spaces within five blocks and then the question is, where are they going to park the cars? You can have
someone who has a 75-seat restaurant with parking across the street and all kinds of other variables.
We're going to look at all these things and standardize it. We want to do, for control purposes, just get
the amount down so people, will apply for the permit and we can then, in some way, control them.
Because, right now, there is no control.
Chairman Plummer: Mr. Kay.
Mr. Kay: No. I just wanted to say, there — the efforts of try to be fair to everyone which is what
Commissioner Gort mentioned, is that we are going to encounter situations and problems during this
interim periods that we are just going to have to address and somehow — I don't know even know if we
can put these things into writing. For example, we can't have six valet parking operations on
Commodore Plaza. I mean, it just wouldn't fit it. And. I think these are things we're just going to have
to look at and come back to you on the final ordinance. .
Chairman Plummer:. I think one of the major problems that I see is safety. If they provide only one
person to do the parking and you've got cars stacked up on Commodore Plaza -all the way back to Main
Highway, I think that could be a very dangerous situation.
Mr. Warshaw: And just further on that. Not only are they stacked up, but what happens is, they leave the
cars unattended.
Chairman Plummer: Right.
Mr. Warshaw: So, they're...
Chairman Plummer: And take the keys with them.
27 June 8, 1999
Mr. Warshaw: Right.
Commissioner Regalado: Yeah. But that is not a problem for the Administration to determine. That is a
problem for the Police to enforce. Because, if you rent or lock two parking meters you can always have
one car waiting. But if you're going to double park that would be a violation for me, for you, for
everybody, even if you're not valet parking.. And, you know, Commissioner Teele is right because, when
you go to the Miami Arena, you see that, during the game, they park about two or three hundred cars and,
plus, a restaurant parks twenty or thirty cars. But the reason for me to bring this up is because I went
around last Saturday in the Grove and Brickell — and I have the number here of the valet parking in this
area. And I'm sure that you know, but you'd be surprised to know how many we have now. None of
them are paying because they can't. They cannot pay one thousand dollars ($1,000) a month. So, I
would amend this twelve hundred dollars ($1,200) a year and let's try it.
Chairman Plummer: I — you know, I'm not going to argue. I'll go along withone hundred a month. But,
you know, I find it extremely difficult to understand, at the Miami Arena, where they charge ten dollars
($10) for parking and there are three hundred cars --if that's what you are saying, — they're taking in
three thousand dollars ($3,000) and they can't afford more money. I find that hard to believe.
Commissioner Regalado: Yeah. But, J. L...
Chairman Plummer: Mr. Manager, if I may?
Commissioner Regalado: ... this is not about Miami Arena. This is about restaurants.
Chairman Plummer: I hear you.
Commissioner Regalado: Most of them are restaurants, you understand.
Chairman Plummer: And the only reason I'm going to vote for it is to encourage people to go out and go
to the restaurants. Now, Mr. Manager?
Mr. Warshaw: Yes, sir.
Chairman Plummer: I've already got questions being asked because this one _ what? I've already got
questions being asked in reference to a restaurant who has valet parking. We're going to pass, I assume,
this afternoon, a parking surcharge. When you have private companies providing the valet parking, then
who is responsible? Is the valet parker responsible for paying the fee? Who is going to be responsible
through the insurance? Have you addressed all of these problems in reference to a valet parking? I had
hoped this would come up after the parking surcharge because there's a lot of questions that haven't been
answered and I... You know, we've have got to lay it up on top of the table. Who's -going to be
responsible? Will they hire, engage a private company? Then I'm not looking necessarily... is the
restaurant and the valet parker going to indemnify the City? Who s going to be responsible to pay the
City? The restaurant says, "Look, I didn't assume anything. I'm not getting any money: Why do I have
to pay the City and be responsible?" All of these matters have got to be resolved.
Mr. Warshaw: And, Commissioner, before I turn to the City Attorney, we have created a task force, a.
committee to look at every one of these "what if circumstances and there are literally dozens of them as
to who pays, who's responsible.
28 June 8, 1999
'
Chairman Plummer: OK.
Mr. Warshaw: So, we'll address all of them.
Chairman Plummer: Remember, I said it. OK, Mr. City Attorney.
-,
Mr. Alejandro Vilarello (City Attorney): Simply, do you want me to address those issues at this point or
when we pickup the surcharge?
Chairman Plummer: No. Do it before the second reading. Do it in the form of a memo.
.
Mr. Vilarello: In this particular ordinance, the caption would not change, but we would change it to six
hundred dollars ($600) biannually.
Chairman Plummer: I thought it was one hundred a month.
-
Mr. Vilarello: That's...
Chairman Plummer: Well, that's the same thing, but...
Commissioner Regalado: Yeah, one hundred a month, Yeah.
Mr. Vilarello: I think the Administration...
Chairman Plummer: I think it was one hundred a month, as Commissioner Teele said. To pay it on a
monthly basis rather than...
`
Mr. Warshaw: Six hundred biannually.
Commissioner Regalado: Six hundred. Yes, six hundred biannually.
Chairman Plummer: Well — but I think Commissioner Teele...
Commissioner Regalado: It's the same.
Chairman Plummer: ...wanted it paid monthly. If you pay biannually, you pay every six months.
Commissioner Regalado: Oh.
Mr. Warshaw: It's a collection issue. It's one hundred a month versus six hundred biannual.
Chairman Plummer: Well.
Commissioner Teele: Six hundred biannually is fine.
1
Chairman Plummer: OK. So, there we are then. I think we beat it to death. We now have a compromise
and, Mr. City Attorney, read item twelve. Call the roll.
29 June 8, 1999
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, ENTITLED "MOTOR VEHICLES
AND TRAFFIC", BY AMENDING ARTICLE VIII, ENTITLED
"VALET PARKING"; PROVIDING FOR THE ESTABLISHMENT OF
VALET PARKING IN OFFICE, COMMERCIAL AND INDUSTRIAL
DISTRICTS CITYWIDE; PROVIDING FOR RELATED PERMITS,
FEES, RULES AND REGULATIONS AND APPEALS, SETTING
FORTH ENFORCEMENT PROVISIONS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, 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.
21
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.
17. AUTHORIZE CITY ATTORNEY TO CONTINUE ENGAGEMENT OF LAW FIRM LEIBOWITZ
AND ASSOCIATES, P.A., AS OUTSIDE COUNSEL REGARDING: 1) CABLE TELEVISION
LICENSE AGREEMENT AND FRANCHISE RENEWAL WITH TCI, 2) PROPOSED ACQUISITION
OF MEDIAONE BY AT&T, AND 3) PROPOSED TRANSFER OF CABLE TELEVISION SYSTEM
FROM TCI TO MEDIAONE ($65,000).
Chairman Plummer: At the request of the City Attorney to take Mr. Liebowitz off. The clock. Mr.
Leibowitz, you're on, sir.
Mr. Matthew Leibowitz: Thank you, Commissioner Plummer. -r
Mr. Alejandro Vilarello (City Attorney): Twenty. It's item 20.
Mr. Matthew Leibowitz: Mr. Mayor, Commissioners.
.Chairman Plummer: Item 20. .
Mr. Leibowitz: What you have before you today is actually limited to my compensation, and the request'
is that you approve an additional sixty-five thousand dollars ($65,000). The number comes from the
30' June 8, 1999
amount that has been offered and contained in the offer of reimbursement by TO (Telecommunications,
iDc.), AT&T (American Telephone & Telegraph) or whoever they will subsequently be, but 1 suspect
they will stay at AT&T.
Commissioner Teele: So moved.
Chairman Plummer: Moved by Commissioner-Teele, seconded by...
Commissioner Regalado: Second.
Vice Chairman Gort: Second.
Chairman Plummer: Commissioner Gort. Any further discussion? Mr. City Attorney.
Commissioner Regalado: Briefly, briefly, if I may?
Chairman Plummer: I'm sorry. Mr. Regalado.
Commissioner Regalado: Yes. Matthew, could you...
Chairman Plummer: It's reimbursable by the— whoever...
Commissioner Regalado: tell us if you had any talks with the new people, whoever those are? We don't
know -- about the housing projects and the special rates?
Mr. Liebowitz: Yes. We have — you know, when it became clear that it's now coming back to AT&T,
the AT&T people from Washington have slowly re-engaged — in fact, they're coming down on Thursday
for a full session. They have finally given us a response on the institutional network, although it is
wholly unacceptable. We have some positive indication regarding the HUD (Department of Housing and
Urban Development) Housing, but we're waiting for an indication from staff and from certain
Commissioners' offices regarding the identification of those locations.
Commissioner Regalado: Well, they have already been identified.
Mr. Leibowitz: We need a list. I don't...
Commissioner Regalado: We have the list.
Mr. Leibowitz: OK.
Commissioner Regalado: We have the list. .
Mr. Leibowitz: If you could supply that to me, that would be very helpful. They have indicated that they
have...
Commissioner Regalado: Elaine has the list.
Mr. Leibowitz: OK. They have indicated that they have moved and prepared to accommodate certain
issues, such as the commercial lease access in some form, but they have not provided the details. They
have indicated that they are willing to provide some support for Bayside Auditorium but, again-
31 June 8, 1999
Bayfront Auditorium but they have not provided details. It has been a miserably slow and agonizing
process. Hopefully, we will come forth on Thursday with substantial progress. In the absence that I can,
I'm going to come back to you and suggest we get much more aggressive. Deny perhaps, the MediaOne
proposal; go back to the administrative process, but, we've got to move this thing forward or else, you
know, well all be older and grayer by the time we complete this.
Chairman Plummer: Let me ask you a question. Do we stand today that in fact it has been approved, the
transfer to AT&T?
Mr. Leibowitz: I'm sorry. I didn't understand that.
Chairman Plummer: The action of the City Commission previously...
Mr. Leibowitz: Yes, sir.
Chairman Plummer: We approved, as I recall...
Mr. Leibowitz: The transfer to AT&T.
Chairman Plummer: So, presently today, Miami— the cable service provided in the City of Miami is
AT&T?
Mr. Leibowitz: Correct.
Chairman Plummer: Why do I get my bills from TCI?
Mr. Leibowitz: TCI is the subsidiary that is holding the franchise. AT&T is the parent license.
Chairman Plummer: I thought we transferred.
Mr. Leibowitz: Well, we transferred —we allowed the transfer on the parent level, not on the operating
level. Legally...
Chairman Plummer: I didn't know that we had two levels.
Mr. Leibowitz: Well, within --you know, you're a franchise, which is fortunate. You have the authority
to look at almost any type of reorganization or shift of ownership. And what happened in the ownership
structure of TCI was a merger into AT&T on the parent level, but the actual operating entity that holds
the franchise remain the same., It's ownership though.
Chairman Plummer: Am I to look, in the very near future, that I'm going to be getting two bills?
Mr. Leibowitz: No.
Chairman Plummer: Well, that's what AT&T is well known for.
Mr. Leibowitz: Well, AT&T, unfortunately, is well known for a lot of things, and that's what we're
trying to clarify.
Chairman Plummer: OK. Mr. Sanchez.
32" June 8, 1999.
.Commissioner Sanchez: Are you done, Mr...
Mr. Leibowitz: Unless you have any questions.
Commissioner Sanchez: No. I do have a question concerning the payment of the sixty-five thousand
dollars ($65,000), and I'll tell you where I'm going to get at. I'm not going to beat around the bush. On
many occasions we come to an agreement where it says that we're not going to pay whoever's going to
handle the account, and we come to an agreement... renewal in the amount not to exceed one hundred
thousand dollars ($100,000). And I've noticed that most of the time, we end up coming back to this
Commission and asking for more money. Now, this is toward the Administration. If we're going to be
doing this, let's come up with a final figure so these every time that something like this comes forward, it
doesn't come back to the Commission asking for additional money. It's.happened — it's happening most
of the time. You know, if you're going to do business with the City from now on — and it should be that
way — give me an exact figure. How much are you going to charge me, and that is it. Because we end up
coming back to the Commissioner asking for more money and then we end up coming back to the
Commission and asking for more and more money and it's a problem that goes on — and it says it right
here, and I'll read it to you. This was an agreement that was made between the City and your law firm;
not to exceed one hundred thousand dollars ($100,000)". Then it comes back asking for money with
some other requests written from the City of Miami, for it to exceed thirty-five thousand dollars
($35,000). - And then another resolution comes authorizing the service for a consultant in the amount not
to exceed one hundred thousand and acknowledges thirty-five thousand previously. So that — and then
you come back after the one hundred thousand dollars ($100,000) and we give you sixty-five thousand
dollars ($65,000) more.
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: With regard to this particular contract, each one was given an amount not to exceed, but it
was billed on an hourly rate. I think Mr. Leibowitz wants to address the issue. However, in future
retention of legal services, I can negotiate with the firms to provide a lump sum amount, as opposed to an
hourly rate provision. However, what that does, it inflates — in order for the firm to protect itself, it
inflates that initial number a significant amount. So — but I can negotiate those, an amount not to exceed,
where they will bill us down at an hourly rate, and they take on the task or the matter and they're
responsible to us, but that is subject to negotiations with the firm.
Chairman Plummer: Mr. Leibowitz.
Mr. Leibowitz: Sir, with....
Chairman Plummer: is not one of your negotiating tools, your fee to be reimbursed by the company who
is successfully awarded?
Mr. Leibowitz: Yes, sir. In fact...
Chairman Plummer: Thank you.
Mr. Leibowitz: The sixty-five thousand matches that.
Chairman Plummer: Thank you.
33 June 8, 1999
Commissioner Sanchez: J.L., that's my concern.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Matt, you're an excellent attorney and I know you did a good job. The matter
that I want to bring forward is, is on several occasions — and we could go back. — We see that this is an
ongoing practice in the City of Miami. If I were to get my roof done in my house, I'd want an estimate.
I'm willing to pay for the price. Just give mea' price where you don't have to come back to me and ask
me to subsidize or add more to that final amount. Because what this does is, the people — the taxpayers
that are out there, that have been on this issue, continue to hear — and they're watching today on Channel
9. I want it's a cable deal. We're giving them more money and more money and more money. Let's get
a final sum, whatever it may be. If it was two hundred thousand dollars ($200,000) come to this
Commission and ask for the two hundred thousand and it will not exceed that two hundred thousand
dollars ($200,000), because it's just bad practice.
Chairman Plummer: Read the ordinance.
Mr. Vilarello: Chairman Plummer, there is no ordinance.
Mr. Leibowitz: It's a resolution. It's a resolution, sir.
Chairman Plummer: Resolution. All right. It was moved by Teele, seconded by Gort: All in favor say
°aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition?.
Commissioner Sanchez: I'll vote on it this time. From now on, I'll vote against it.
Chairman Plummer: OK. Show, then, it unanimous.
34 June 8, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-377
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY ATTORNEY TO CONTINUE THE
ENGAGEMENT OF THE LAW FIRM OF LEIBOWITZ AND
ASSOCIATES, P.A., AS OUTSIDE COUNSEL TO PROVIDE
ADVISE, ANALYSIS, COUNSEL AND RELATED SERVICES
REGARDING: 1) THE CITY OF MIAMI'S EXISTING CABLE
TELEVISION LICENSE AGREEMENT AND . FRANCHISE
RENEWAL WITH TCI, 2) MATTERS RELATING TO THE
PROPOSED ACQUISITION OF .MEDIAONE BY AT&T, AND 3)
MATTERS RELATING TO THE PROPOSED TRANSFER OF THE
CABLE TELEVISION SYSTEM FROM TCI TO MEDIAONE OR
RELATED MATTERS ,. THEREOF;--- ALLOCATING . FUNDS
ti THEREFOR, IN AN AMOUNT NOT TO EXCEED $65,000 FOR SAID
a
SERVICES FROM SPECIAL PROGRAMS AND ACCOUNTS,
ACCOUNT CODE NO.920205-250.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
18. FIRST READING ORDINANCE AMEND CODE SECTION 38-63 ENTITLED "PARKS AND
RECREATION / USE REGULATIONS," TO CHANGE THE LANGUAGE TO BE CONSISTENT
WITH FLORIDA STATUTES AS IT RELATES TO THE FLORIDA LITTER LAW.
Chairman Plummer: Item 13 is Parks and Recreation Regulations to change the language in reference to
the Florida Litter Law. It is first reading by Mr. Gort and seconded by Mr. Regalado. Anyone wishing to
discuss item 13? Read the ordinance. Motion understood? Call the roll.
35 June 8, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 38/ ARTICLE II OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS
AND RECREATION/USE REGULATIONS", TO CHANGE THE
LANGUAGE TO BE .CONSISTENT WITH FLORIDA STATUES AS
IT RELATES TO THE FLORIDA LITTER LAW; MORE
PARTICULARLY BY AMENDING SECTION 38-63 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Vice Chairman GoM 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.
19.(A)FIRST READING ORDINANCE AMEND CODE TO INCORPORATE PROVISIONS FOR
IMPOSITION AND COLLECTION OF PARKING FACILITIES SURCHARGE (20%) OF THE FEE
PAID FOR THE USE OF A PARKING SPACE IN A PARKING FACILITY IN THE CITY OF MIAMI.
(B) DESIGNATE PROCEEDS OF PARKING SURCHARGE AS 80% FOR AD VALOREM TAX
REDUCTION AND 20% FOR FIRE RESCUE ASSESSMENT FEE REDUCTION.
Chairman Plummer: Item 13-A is in reference to the 20 percent fee for parking in the City of Miami.
Mr. Alejandro Vilarello (City Attorney): Commissioner?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Before, the City Commission considers this item, I'd would like to advise you that, as of
today, the Governor has not signed this bill. If he does not sign it by tomorrow, it will become effective
tomorrow. And if the City Commission would consider this ordinance on first reading, I would simply
need to change the recitals to reflect that information.
Chairman Plummer: Thank you, Mr. City Attorney. We understand. Mr. City Manager? Who's going
to be making the presentation on behalf of the Administration?
36 June 8, 1999
Vice Chairman Gort: Commissioner Mr. Chairman.
-/ J
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Mr. Chairman? I sent a memo to the Manager requesting if it was possible from the
Finance Department, to give me once -- because my understanding is, this bill has got a lot of things
attached to it. It has a lot of criteria where we're supposed to reduce the debt for so much or to create a
reserve to reduce the taxes and to reduce the fire fee, and correct me if I'm wrong. And I requested, if
possible if we would know how much it was going to be from twenty percent and thirty -- and ten
percent, I wanted to know the two figures. I've also requested, if we reduce the taxes, how much of that
reduction is going to take place? And if that reduction is going to be passed on to the renters, also in the
fire fee. Because if in order to pass this, we've got to make sure that we maintain our people competitive
with the rest of the County.
Ms. Bertha W. Henry (Assistant City Manager): Commissioner...
Vice Chairman Gort: Now, I haven't gotten that information yet.
Mr. Donald H. Warshaw (City Manager): I believe it's due to you on the 10d, and we've been working
on it around the clock. It'
Ms. Henry: Yes. We are in the process of...
Chairman Plummer: For the record, your name.
Ms. Henry: I'm song. This is Bertha Henry, Assistant -City Manager. We're in the process of building
the database that will actually go out and identify all of the parking spaces that we have and then start the
formal calculation. But the initial estimates, at the twenty percent level, range from tentto fifteen million.
But, at this point, we aren't able to provide you with the appropriate documentation, that I would feel
comfortable with, to give you some decent numbers.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: The second question was — I'm sorry. I didn't understand the statement from the
Attorney. You're saying that, this is not signed by tomorrow, what happens?
Mr. Vilarello: Right. If the Governor does not sign and/or veto this item, tomorrow it will go into effect
without his signature.
Chairman Plummer: Right. Automatic. Automatic. Let me ask you a question. This is only in relation
to places that they charge for parking, is that correct?
Mr. Henry: Correct.
Chairman Plummer: If they have parking and it is free, there is no charge?
Mr. Warshaw: Correct.
37 . June 8, 1999
Chairman Plummer: Now, Mr. Gott asked a question. There were stipulations, as I recall, put forth by
the act of the Legislature that said X' percentage had to go to reduce ad valorem taxes. What was that
amountT
Ms. Henry: Sixty to eighty percent:
Chairman Plummer: Sixty to eighty. And this Commission has not yet made that determination?
Ms. Henry: No, it has not.
Chairman Plummer: And, then, whatever is the remaining balance is to be created as a reserve?
Ms. Henry: Yes. It speaks to reducing reserves paying debt — I mean; increasing reserves and paying
debt. Reducing our debt obligations.
Chairman Plummer: Then, Mr. Gott asked the question, rightfully so, can any of that money be used to
reduce the fire fee? _
Ms. Henry: Yes, it can. The way the ordinance is written, it suggests that it's ad valorem or other fees.
H -
Chairman Plummer: No. I just want it on the record, that it can reduce the fire fee.
Ms. Henry: It can.
Chairman Plummer: OK. Now, when are we going to be coming back with all of the answers that are
going to be required?. For example, as I asked earlier, a man owns a restaurant; he has a private person
who does the valet parking, who collects the money; he does not get any of the revenue' produced from
the parking in his restaurant parking lot. How are you going,to monitor that?
Ms. Henry: Right now, the way the draft of the ordinance is written, we would notify both the owner and
the operator of the facility. So, if the owner has leased out his property for that particular purpose, then
both would be notified. Ultimately, as the ordinance is written, if the operator does not pay, then, the
owner would have to.
Mr. Warshaw: And let me just add to -that, Commissioner, in response to the way you asked the question,
in terms of when we're going to have this. This is going to be an ongoing process. We're not going to
have the answer to everyconceivable "what if? For example, the question came up about, what happens
if there is an office building that has two hundred employees? And, as part of that office building's lease
arrangement with the building, it pays a lump sum, per square foot, that includes two hundred parking
spaces, how you isolate out the cost per space? I mean -- and there are -ten, fifteen, twenty other
questions, just in a brain storming session, that we can come. up with. So, we're going to have to iron this
out, you know, as we go. It's complicated. And the answers to those questions won't be, you know,
before you act on this. It's going to be an issue of collections.
Chairman Plummer: When is this intended to become law? .
Commissioner Sanchez: As soon as he signs it.
Vice Chairman Gott: Tomorrow.
38 June 8, 1999
a.
Mr. Warshaw: No.
-/ J
Chairman Plummer: No, it can't be tomorrow. Is it thirty days after the second reading? I mean, is that
when you're...
Mr. Warshaw: After the second reading.
Ms. Henry: It's thirty days.
Chairman Plummer: When are we going to get...
Mr. Vilarello: The ordinance? Thirty days after the second reading.
Chairman Plummer: When are we, the Commission, be going to be getting more definitive information
than we have today?
Ms. Henry:- Currently, we have a draft of the administrative procedures that we're working through. We
would certainly like to have some input in both the ordinance and the administrative procedures from
entities in the field or in the business to get some feedback, and we're prepared to do that should you
appoint such a committee.
Chairman Plummer: Mr. Cook, of the Off -Street Parking Authority, made mention to me that there is a
prohibition against a surcharge on parking meters. Have you addressed that issue?
Mr. Vilarello: I am sor
ry, a prohibition...
Chairman Plummer: That you can't charge a surcharge on parking meters. Not the parking lots, but the
parking meters.
Mr. Vilarello: Mr. Cook had mentioned to me that the parking meters are exempt from payment of sales
tax. I don't know how that translates to a surcharge imposed by authorization of State Statute. However,
the way the ordinance is written today in your package, it includes a surcharge as against parking meters
on the right-of-way.
Chairman Plummer: OK. What about federal buildings, that you go to a federal building and you pay for
parking?
Ms. Henry: It would — the fee would be charged..
Chairman Plummer: So, in other words — let me understand. Anywhere in the City of Miami that a fee
is charged to park, there will be the surcharge applied?
Ms. Henry: As the ordinance is currently constructed.
Chairman Plummer: OK. If I go to First Union downtown and I park in their parking garage, whatever I
pay them, they're going to have to pay the City twenty percent?
Ms. Henry: Yes.
Chairman Plummer: Is there a "Sunset" provision on this ordinance?
39 June 8, 1999
Ms. Henry: Yes. Currently, the State Legislature has a "Sunset" of year 2006.
Commissioner Sanchez: Five years.
Chairman Plummer: Five years, more or less. OK.
Commissioner Sanchez- Seven years. I thought it was five.
Plummer: OK
Mr. Warshaw: Commissioner, can I just qualify something for the record?
Chairman Plummer: You can say anything you want, sir. `
Mr. Warshaw: There are two issues. The language of the law does not only call for the reduction or
potential reduction of ad valorem taxes, but also specifies "reduce or eliminate non ad valorem taxes."
That's point one. Point two, the difference between • the sixty and 'eighty percent and one hundred,
whatever that number turns out to be, all of those dollars do not have to be committed to reserves. The
language in the law is that a portion of it does, and that would be again, you know; up to the Commission
to make that decision.
Chairman Plummer: But nothing will be done with that money until this Commission- makes the
determination.
Mr. Warshaw: That's correct.
Vice Chairman Gort: J.L.
Ms. Henry: Yes. It is currently our intent to create a separate —we will'account separately for both, any
expenditures associated with and certainly all of the revenues, so that we can appropriately distribute the,
revenue in accordance with the law.
Chairman Plummer: Is this going to require a new department?
Ms. Henry: No.
Chairman Plummer: What is the anticipated administrative cost? '
_.. , Ms. Henry: We are still refining that, but it will not require a new department -as it's envisioned now. It
will be handled — most of the activity would be handled by the Finance Department. We will have an
auditing function by our current Auditing Department. There may be some aspects of this that we would
recommend to you that you contract out, but we're still in the process of refining that.
Mr. Warshaw: And let me just, again, elaborate- on that a little bit. The Finance Department will be
responsible for obviously...
Commissioner Sanchez: On the gross.
40 June 8, 1999
Mr. Warshaw: all the collections. The issue where we might have additional cost -- and that's what
yve're looking at now, the issue of enforcement to ensure that people are complying. We have been
talking to other cities and listening and seeing how they do this, how they enforce the ordinance, and
we'll do whatever it takes to ensure that the City gets the revenue it deserves.
Chairman Plummer: Mr. Manager, I hope that the Finance Department does a better job in this area than
they do in the bills, which they send me. As you know, I pay an administrative surcharge for motorcycle
escorts for funerals. I get past due notices when I never got the original bill. I got a fax the other day
telling me I was out of payment. I just hope that the administration will look at the Finance Department
and make sure that they do better than they do on the motorcycle escorts. Any further questions by any
of the Commissioners?
Commissioner Sanchez: Mr. Chairman, I have a question.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: One is just a reminder that there is a resolution passed by this legislative body
to reduce the millage by point five and a reduction. of the fire fee that was approved and passed by this
Commission.
Chairman Plummer: Hey, as far as I'm concerned, it's all ad valorem and fire fee.
Commissioner Sanchez: Just to be said on the record. Now, on the meters, on this bill -- and I did spend
time on this bill in Tallahassee, pushing it. It was never told or it was never identified that this would
apply to Off -Street Parking. So, somehow, I hate to say this, but the wool was put over my eyes. At no
point did no one ever instruct me that this would apply to Off -Street Parking. And here's what's going to
happen. If we do go after Off-street Parking, what's going to happen is, they're going to raise the meters
and the consumers are going to be the ones paying for it, and we'll be stealing from one pocket to put in
the other pocket. So, that is a concern that I have.
Mr. Warshaw: Commissioner, when you talk about Off-street Parking, are you talking about only meters
or are you talking about...
Commissioner Sanchez: The meters. No, meters.
Mr. Warshaw: Not garages?
Commissioner Sanchez: Yes, sir. Just the meters on the street. Now, I looked at the language -- and it's
just a recommendation that I can make to the Administration -- is that somehow you look at the language
and in the definition of "parking facility," maybe remove the word "street" from it. Because I'll tell you
this much. When I spoke to the legislators, pushing this bill in Tallahassee, the biggest concern was,
don't go after the meters because, in the long run, the consumers are going to be the ones paying for it.
Now, that's just my opinion.
Ms. Henry: Commissioner, it wasn't our intent, at this point to, to target or not target any specific entity.
We felt that that would be an issue that the Commission would address as it relates to exemptions and, as
it stands now, we have not proposed any exemptions because it would just be difficult to just go through
the myriad of possibilities. But, if that's...
41 June 8, 1999
Chairman Plummer: Well, let me ask another question. The money that you get from parking at the
grange Bowl, is the City going to pay the City?
Ms. Henry: Yes, we would.
Chairman Plummer: Would the money we get from Dinner Key Auditorium, five dollars ($5) per car, is
the City going to pay the City?
Ms. Henry: The issue, Commissioner, is that...
Chairman Plummer: I asked a simple question.
Ms. Henry: The question is, yes.
Mr. Plummer: Give me a yes or no.
Mr. Vilarello: Yes, yes. Vice Chairman Gort.
Mr. Warshaw: No. The answer is that — that's what all these brain storming sessions are about.
Vice Chairman Gort: Yes.
Mr. Warshaw: There are one hundred different "what ifs."
Mr. Vilarello: Yes. The answer is yes.
Chairman Plummer: Well, you know, if we're talking about we're going to reduce ad valorem taxes and
we're going to reduce the fire fee — you know, I don't know what the Orange Bowl takes in in monies. Is
the University of Miami, who now is collecting a lot of the fire — the parking fees at the Orange Bowl,
are they going to be charged?
Vice Chairman Gort: You have to, yes.
Mayor Carollo: Yes, yes.
Chairman Plummer: Well, I'm just — I'm asking — you know, I don't know, so I'm asking for the record.
Ms. Henry: Yes. The answer is, as the ordinance is currently proposed, the answer is yes. The
surcharge is assessed against the individual parker, not necessarily the operator or the owner. They have
the responsibility of collecting from the person that parks. So, in those instances that you've described, if
they come in and they park in our facilities...
Chairman Plummer: The City paying the City.
Ms. Henry: then they would be. And, so for the City, it would — the City, just as the operator or the
owner of another facility,
Chairman Plummer: Well...
Ms. Henry: will be passing along the...
42 June 8, 1999
jChairman Plummer: OK.
Ms. Henry: ... proceeds that it collects.
Chairman Plummer: When we first talked about it, the answer was simple, nobody will be exempted.
Everybody will be included. That was the first answer, OK? So, this Commissioner is going to go on the
record right now for you, so you don't have any problems later. One hundred percent of that money is
going to address two issues and two issues alone: Ad valorem reduction and fire fee reduction. At least,
that's where this Commissioner is. Anyone else?
Mayor Carollo: J.L., if I can?
Chairman Plummer: Mr. Mayor.
Mayor Carollo: That was the reason why we presented this suggestion and brought it forward. What this
will do is what we had hoped that the fire fee would do and it never really did. The fire fee was supposed
to collect fees from many of the non -profits whether governmental or non, that were not paying the City
of Miami any property taxes. It didn't end up being that way. This will collect a surcharge fee from all
those non-profit entities that have not been paying the City any property taxes whatsoever. For instance,.
the Port of Miami, with the new garage they're finishing there, they're going to have approximately five
thousand two hundred and fifty spaces. We don't get a cent on property taxes from the whole Port of
Miami. We have thousands of these trucks coming through our streets every day, with all the trailers
behind them, tearing up our streets. We don't collect a penny from them. We don't collect anything
from the Port of Miami. Now, we're going to be able to collect what -I hope will be a 20 percent
surcharge that we include'here. Other examples are the whole Jackson Memorial complex. County
property doesn't pay us any taxes. On top of that, we're spending millions of dollars every year in
having to send our Fire Rescue units, EMS (Emergency Medical Services) units, Police to back-up the
Counties. They don't pay us anything. All the state buildings, all the County, federal buildings, all the
non-profit hospitals, other non -profits, they're all going to be paying this. So, this is something that is
going to be fair to the residents of Miami that have been taking the brunt of the sacrifice and that we have
had to have done.
Chairman Plummer: Any other one wishing to speak on the issue? All right. Yes, ma'am.
Ms. Maria P. Kramer: My name is Maria Placencia Kramer, 14580 English Road. I am the owner...
Chairman Plummer: Which City is that?
Ms. Kramer: That"is not in Miami. It's in Miami Lakes.
Chairman Plummer: Oh, thank you. OK.
Ms. Kramer: But I run the operation for...
Chairman Plummer: Miami Lakes is very appropriate today.
Ms. Kramer: Yes, it is, sir. I run the operation for the University of Miami Hospital and Clinics, the -
Sylvester and the Bascom Palmer Eye Institute. And the reason I'm here today is — please understand —
they pay me a fixed fee, so I'm not going — it's not going to cost me any money and I'm not going to
43 June 8, 1999
make any money from this. But I I've been there for eight years and I see the patients. The patients are
the working poor, the people who cannot afford any additional money. They're City of Miami residents.
They are the "viejitos" that have one car for all their relatives and the car is 15 years old and it's hardly
running, and I know that this Commission has a lot of respect for those residents who are the ones who
are feeling the pinch the most. Those residents are the ones that are going to be taxed, and I think that
there needs to be an exemption. for the teaching hospitals because of the .fact that it is going to be the
patient that is going to pay the fee: And those people, many times, do not own property, so they are not
going to get the benefit of the ad valorem because the working poor don't have enough money to buy a
house. And I'm here, to represent them today, and I ask you to think about the impact it's going to have .
on them. Because many times, when they're undergoing cancer treatment or serious treatments, they
come and see my guys three times a week and to people who have no funds, that adds up very quickly.
And, for your information, the ordinance, as it's written now, also taxes validations. So, that means that,
if they give parking free to one of the patients, somebody is still going to have to pay that 20 percent.
Chairman Plummer: How?
Ms. Kramer: And that is why I'm.here. I'm asking you to think about those people.
Chairman Plummer: It's free. There's no charge.
Ms. Kramer: No one chooses to go to a hospital. It's not something we can cut out. Under the current
insurance regulations, you don't have much choice, and when you go to a teaching facility, it's because
you don't have any other options, sirs. So, I ask you to think about them.
Chairman Plummer: Ma'am, the City Attorney advises me that if you give the poor people, who you
should give free parking to, 20 percent of zero is nothing.
Ms. Kramer: According to your... -
Chairman Plummer: Oh, excuse me.
Ms. Kramer: OK. Then —we read the ordinance and the ordinance said the validations would be taxed.
Mr. Alejandro.Vilarello (City Attorney): The validation implies that there is something being paid for
the use of that parking space. If you're giving the space away for free there is no charge.
Ms. Kramer: That...
Mr. Vilarello: However, if someone is paying you for the use of the space, then there would be the
-- surcharge. � � � , . -.
Ms. Kramer: OK. The way it's written now, it doesn't specify between one'tyoe of validation and
another...
Chairman Plummer: Well, that's...
Ms. Kramer: ...and they're both validations.
Chairman Plummer:. That's one of the points that can be made in this study that's going on right now.
44
June 8, 1999
Ms. Kramer: But there's a lotof people who don't give validations. Right now, the University
subsidizes. I want you to know, every other medical facility in the area is six dollars ($6) a day. The
University subsidizes the parking, so it's three dollars ($3) a day. It has not been raised in seven years.
Why? Because we're concerned about those people and I know that you are too. And I know you're in a
terrible financial bind, but to take it out on the back of the people who can least afford it, I know that's
not something this Commission wants to do.
Chairman Plummer: The City of Miami right now subsidizes the University about four million dollars
($4,000,000) a year in a thing called the Knight Center. .
Ms. Kramer: I'm not worried about them. I'm worried about the little guy who has to pay it,
Commissioner.
Chairman Plummer: All right.
Vice Chairman Gort: But let me tell you.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: That's why we asked the question. Because we want to pass on to the little guy, -
the guy who doesn't own property, but rents. If we reduce the ad valorem taxes and if we reduce the fire
fee, we're going to try to make sure that that reduction passes on to the tenant, so that people that live
within the City of Miami will get a reduction in the rent, which is a lot better.
Ms. Kramer: What about all the people who live in apartments and can't afford their own homes and
there's many of them?
Vice Chairman Gort: That's what I am saying. Those taxes will be reduced on those buildings, that can
be passed on to their tenant, and that was my question.
Chairman Plummer: Mr. Mariano Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26'h Street. As you can see by my address, I live ten
blocks north of Jackson Hospital, and I'm going to be specific about that. I go and use VA (Veteran
Administration) Hospital. I don't pay parking or anything. That's free there. But I walk to the VA
Hospital because I live within the City boundaries of the City of Miami. And all these people that come
there by 13t", 14`h Avenue. They are impacting. You know, 14'h Avenue. They go right there. Because
maybe all these parking and all these other fees — they we will be leaving their cars at home and
Metrorail or Metro bus too. Because I'm telling you, I'm tired of us subsidizing the County. And what
Mr. Mayor said was right. I've been there at the — when they got a problem at -Jackson with a leak — and
I count 13 fire fighting apparatus there in Jackson, that we are paying for them. The County is not paying
for them. We're paying for them. And going back to that, you can't have that maybe with the money
we're going to save or we're going to get for that — we can save the money or the fire fee or the other
thing to sub — to keep from subsidizing the County in a way — in an indirect way. The people will be
paying. Because, remember, users fee. If I go to a County facility, being unintelligible or anything, I pay
a user's fee there. People are using the City of Miami and they are not paying anything for that and we
are — and, remember, we live in the City. We pay taxes in the City and the County and we vote in the
City. People in Pine Crest or Pembroke Pines, whatever, they don't live in the City of Miami, but they
work in the City of Miami and they make good money in the City of Miami. Let them pay their fair
share.. Thank you.
45 June 8, 1999
Lhairman Plummer: Thank you. Mr. Goenaga.
Mr. Manuel Gonzalez-Goenaga: Yes. I do not come here to add anything. I come here...
Chairman Plummer: As usual.
Mr. Gonzalez-Goenaga:...probably to subtract something. But my input, as of today, on first reading,
which — where I'm not supposed to speak, is that for compliance, I strongly recommend Manny Garcia,
from "The Miami Herald," to review in compliance of every single department of this City, because if the
newspaper — a newspaperman can find out what's going on in the City, then we need him. You know, I
am willing to — if I were mayor, I'd pay him more than he gets paid at "The Miami Herald." Thank you.
Chairman Plummer: You're areal treat. Yes, ma'am.
Ms. Fleta Stainer: Hi. My name is Fleta Stainer. I'm at 3078 Aviation Avenue. I just have one
question: If the City was to lease parking from somebody else, would they...
Chairman Plummer: Such as?
Ms. Stainer: I don't have a "such as." I'm just looking at tax exempt institutions. Would they have to
pay this surcharge?
Chairman Plummer: If they charge, the answer is yes.
Ms. Stainer: Even if they're tax exempt, if they go and lease from somebody else?
Chairman Plummer: It has nothing to do with it.
Ms. Henry: The answer is, yes.
Ms. Stainer: OK.
Chairman Plummer: OK. Have we beat the meter to death? Is there a motion? Mr. Warshaw.
Mr. Warshaw: Commissioner, just before you vote on this, I want you to know, for the record, I have
had some extensive conversations with the Oversight Board about this issue, particularly as it relates to
the amount of money and the revenue stream and the amount of money of potential reductions that.
eventually would have to go before the Oversight Board. Now, when we talked the last time about a half
a mill reduction, you're talking about six million dollars ($6,000,000). We don't have any history
collecting this money. And I have some concerns that the Oversight Board, you know, as that number
moves higher, is going to be concerned about whether or not we can back it up with a revenue stream that
they will find to be acceptable. So, I just want you to know this on the record. We're working with them
and giving them information, as we move forward, to give them the level of comfort that we're going to
be able to collect "V number of dollars, whatever that number is. But, at this point, without any
historical data, it's really — I don't want to call it guesswork, but it's basically a projection at this point.
Chairman Plummer: Mr. Manager, my point was clear. I didn't say a half a mill or'a whole mill, how
much on the fire fee. Eighty percent goes to reduce taxes...
i,
46 June 8, 1999
Mr. Warshaw: I understand.
Chairman Plummer: ...and 20 percent goes to reduce the fire fee. Now, that's where this one vote is,
OK. So, I'm not saying how many dollars it's going to raise and how many dollars will go here and how
many will go there. It's easy when you use the percentage.
Mr. Vilarello: Mr. Chairman?
Chairman Plummer: All right. Mr. City Attorney.
Mr. Vilarello: Before you consider a motion on this item, Section IV of the ordinance in your agenda
requires that a percentage of the gross revenues derived from any charge or fee be established. By State
Statute, it can be as high as 20 percent and, of course, that is blank and a draft is before you. The City
Commission needs to make a decision on that. issue.
Chairman Plummer: OK. Is there -- First of all, is there a motion? Hello. I'm calling collect.
Commissioner Regalado: I will make a motion.
Chairman Plummer: The motion is made by Mr. Regalado.
Commissioner Sanchez: What is his motion?
Chairman Plummer: Is there a second?
Chairman Plummer: The motion is to accept item 13-A, I assume.
Commissioner Regalado: And 80 percent to...
Chairman Plummer: 80-20, yes.
Commissioner Regalado: Reduce taxes, 20 percent to fire.
Commissioner Sanchez: Eighty/Twenty, I'll second the motion.
Chairman Plummer: OK.
Mr. Vilarello: No, no. I'm sorry. The with regard to — this ordinance simply establishes the
surcharge. The language with regard to 60 or 80 percent of the proceeds generated, that is in here.
Ultimately, this City Commission will determine how much of this you want to-...
Chairman Plummer: No, sir.
Commissioner Sanchez: No, Alex. It's...
Chairman Plummer: No, sir. We're going to make that motion today.
Mr. Vilarello: You should do it by separate resolution.
47 June 8, 1999
Chairman Plummer: Separate resolution, that's fine. But I don't want anybody to go away with any
misconception on my behalf. So, now we have item 13-A. Mr. City Attorney, read the ordinance.
Mr. Vilarello: The percentage should be 20 percent of gross revenues?
Chairman Plummer: That is correct, sir. Call the roll.
[COMMENTS MADE DURING ROLL CALL:]
Vice Chairman Gort: This is first reading?
Chairman Plummer: Yes, sir.
Vice Chairman Gort: There are many changes. And may I request, we can put a second reading? Am I
correct?
Mr. Vilarello: Yes, sir.
Vice Chairman Gort: I still would like to get the information
Ms. Henry: Yes.
Vice Chairman Gort: Ten percent, twenty percent. Yes.
Mr. Warshaw: You will.
Mr. Vilarello: Yes.
Commissioner Plummer: OK. I vote yes.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TO INCORPORATE PROVISIONS FOR A
PARKING FACILITIES SURCHARGE IN AN AMOUNT NOT TO
EXCEED 20% OF THE FEE PAID FOR THE USE OF A PARKING
SPACE IN A PARKING FACILITY IN THE CITY OF MIAMI,
PROVIDING DEFINITIONS; SETTING FORTH PROCEDURES FOR
COLLECTION AND PROVIDING PENALTIES- FOR
NONCOMPLIANCE; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE.
48 June 8, 1999
was introduced by Commissioner Regalado, 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.
Chairman Plummer: The floor is now open for a resolution, if that's in order.
Commissioner Regalado: Yeah. I,will move that one.`
Chairman Plummer: The motion is — the resolution moved by Regalado is that 80 percent go for ad
valorem reduction and 20 percent will go for fire fee.
Commissioner Sanchez: Second.
Chairman Plummer: OK. Seconded by Mr. Sanchez. Is there any further discussion? r
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I'm in agreement with the direction and the underlying intent of the motion, but I
think we need to focus, just for a moment, on what the Manager has said. I understand, as long as you're
discussing percentages, you're talking percentages, but the rubber meets the road real fast when you say
80 percent goes to ad valorem tax reductions, and you're going to have to have a number there. I mean —
you know, you can't float this number through the year. This has got to be a real number and it's got to
be a real number sooner than later.' Now, the problem with this is you don't have a historical — you have
no track record. So, are we talking about twelve million dollars ($12,000,000)? Are we talking about ten
million dollars ($10,000,000)? Are we talking about six million dollars ($6,000,000)?
Chairman Plummer: It's immaterial.
Commissioner Teele: It's very much material because you've got to associate something with that
millage. We've got to pass a millage and we've got to pass the millage, whether we do it today, which
we can't do legally...
Chairman Plummer: Oh, I see your point.
49 June 8, 1999
Commissioner Teele: ...or we do it by September 30`s, which we must do. We've got to do that and
you're not going to have a historical' for one full year.
Chairman Plummer: Yeah, I understand.
Mayor Carollo: Mr. Chairman, .if I may?
Chairman Plummer: Mr. Mayor.
Commissioner Teele: Excuse me.
Chairman Plummer: Mr. Teele, you...
Commissioner Teele: I'll be happy to yield, but let me just make this point.
Mayor Carollo: Thank you.
Commissioner Teele: I'm not, sure that we should not engage the Manager in some discussion and the
Oversight Board in placing — in making an assumption, which we're going to have to do at any — at the
end of the day, somebody is going to have to make an assumption and I`m not going to necessarily be
uncomfortable with that assumption, but there's going to be an assumption made. I think the smartest
solution here is to put a percentage of this money in reserves. By committing eighty and twenty, you've
committed one hundred percent, and if you don't have a reserve if you're off by one percent on this thing,
you could wind up with severe budget implications. So, I understand the intent is 80 percent ad valorem.
I support it. I could support 90 percent ad valorem or — and I understand that the intent is 20 percent fire
and I support that. The problem that I have is that without a historical, with no reserves, if you miss the
number — if the staff misses the number, then we've blown the budget, and I think we just need to think
this through...
Chairman Plummer: So, you've -got to be conservative.
Commissioner Teele: ... before we take a final action. And I'm comfortable voting, in principle today, on
an 80-20. But the other part of this is, I think, 80-20 after a reserve. But we need a reserve.
Chairman Plummer: Mr. Mayor.
Mayor Carollo: Thank you, Mr. Chairman. What Commissioner Teele is saying is essentially correct,
but let me alleviate his -concerns and the concerns of others. First of all, we must engage the Oversight
Board.- That is a must. But one of the things that the Oversight Board is going to require, if we are to be'
given the go-ahead to reduce the millage, is to come up with a real estimate —The ordinance says that 60
to 80 percent of the proceeds of funds generated by the surcharge are to be applied to the reduction of ad
valorem tax, millage rate, property taxes, or to reduce or eliminate non ad valorem assessments. We're
talking here fire fee. Now, this Commission already passed a Resolution of Intent, that we are going to
reduce the millage rate, the ad valorem taxes, property taxes by five percent from the ten mill cap that
we're in now to nine point five. What that translates to is exactly what you are saying, Art.' The figure
that we're going to be using there, that we must have to approve the new budget for this'fiscal year that
begins September la' will be six million dollars ($6,000,000) and change. So, about six million twenty-
three thousand. Anything that we bring over that then will go to the reduction of the fire fee. ' To begin
with, the Oversight Board would not approve anything more than a five percent reduction. In fact, it
would be irresponsible on our part to go more than that, for the simple reason that we do not know if this
50 June 8, 1999
will bring in ten million, twelve million, fifteen million or maybe might even go to nine million. I don't
think so. But, at least, with a five percent reduction, the six million, we will cover. So, let's go with the
lower figure that — let's say that this will bring in ten million. Well, if we're putting 80 percent, that will
go toward the reduction of the property taxes and fire fee, and we've agreed that the intent of this
Commission is to lower property tax by five percent, then we know that six million is there and we
should have two million over, more or less, for the reduction of the fire fee. If it goes below the ten
million, we still have that cushion in reserves to still cover the five percent reduction in millage. If we're
lucky enough that we see that, in this first year, this brings fifteen million dollars ($15,000,000) or
hopefully even more, then we could come back for the next fiscal year and decide if we want to lower the
eighty to less, because it's going to bring a lot more than what we need. But, for this year, I think it will
be clear what it is that we will be doing.
Chairman Plummer: Mr. Mayor, if 80 percent is six million dollars ($6,000,000), then 20...
Mayor Carollo: No. Eighty percent of ten million. If it brings a million...
Chairman Plummer: No. But 80 percent...
Mayor Carollo: ...it will be eight million dollars ($8,000,000).
Chairman Plummer: Excuse me. If 80 percent of the money addresses the six million/five percent
reduction, then 20 percent is a million and a half, am I correct?
Mayor Carollo: No, no, no.
Commissioner Sanchez: J.L., the...
Mr. Warshaw: No, it's not 80 percent of the — it's 80 percent of whatever we collect...
Mayor Carollo: Yeah, yeah.
Mr. Warshaw: Whether we collect six million or seven million.
Chairman Plummer: What we're going to do? And what this Commission has approved is a five percent
reduction...
y Mayor Carollo: On the millage rate, which...
Chairman Plummer: ...on the millage rate, which equates to six million dollars ($6,000,000).
Mayor Carollo: Right.
Commissioner Sanchez: Correct.
Chairman Plummer: All right. Now, if 20 percent — based on the eighty at six, 20 percent would be one
million and a half. If there is not seven and a half million dollars ($7,500,000) going to be raised, I think
something is out of kilter. More so, I agree with Commissioner Teele, to establish a reserve with this
caveat, that anything in the reserve surplus is carried over to the following year to apply to the 80-20 and,
that will take care of it. Any further discussion?
51 June 8, 1999
Vice Chairman Gort: Mr. Chairman? Yes.
,.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I'm sorry. I stepped out for a minute. Are we talking about 80 — 100 percent of
what?
Chairman Plummer: One hundred percent of revenues it generates.
Mr. Warshaw: That's exactly right. We don't know what the "what" is?
Ms. Henry: That's the question.
Vice Chairman Gort: No, no, no. Let me go back to my question. My understanding is...
Chairman Plummer: You can get 80 — if 80 percent...
Vice Chairman Gort: ...out of total revenues that we're going to collect, this motion will say that 80
percent of the total revenues would go towards ad valorem taxes and 20 percent will be to the fire fee?
Mr. Warshaw: Correct.
Vice Chairman Gort: In other words, there's nothing left for anything else.
Ms. Henry: That's the way it's...
Mr. Warshaw: That's the way you expressed it.
Vice Chairman Gort: That's what we're saying in this motion.
Commissioner Sanchez: It's a mathematical...
Vice Chairman Gort: No, I understand. I want to make sure we're talking — I was on the same thing. I
did want to make sure that it was not 100 percent of 90 percent or 100 percent of 80 percent. I agree with
Teele, we need to look at the creation of reserves because you never know what's going to happen.
_ Chairman Plummer: OK. I guess everybody is now either understood or totally confused. We have a
resolution. Call the roll.
Vice Chairman Gort: It's an ordinance.
Chairman Plummer: No, it's not an ordinance. The ordinance, we've already addressed. We have a
resolution. Call the roll.
Commissioner Teele: This is on the resolution?
Chairman Plummer: Yes, sir.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
52 June 8, 1999
RESOLUTION NO.99-378
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO THE PROPOSED REVENUES TO BE GENERATED BY THE
COLLECTION OF A PARKING FACILITIES SURCHARGE;
DIRECTING THE CITY MANAGER TO DESIGNATE (a) EIGHTY
PERCENT (80%) OF THE PROCEEDS RECEIVED BY SAID
SURCHARGE TO BE APPLIED TO THE REDUCTION OF THE AD
VALOREM TAX MILLAGE RATE, AND (B) TWENTY PERCENT
(20%) OF SAID PROCEEDS RECEIVED BY SAID SURCHARGE TO
BE APPLIED TO THE REDUCTION OF THE FIRE RESCUE
ASSESSMENTS FEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr. =
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr. -
NAYS: None.
ABSENT: None.
Note for the Record: The City Commission tabled consideration of Regular Agenda Item 25 until 3:00
p.m.
Chairman* Plummer: Item 14. The Manger...
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Mr. Chairman, Mr. Mayor, I'd like to respectfully request that Item_ 25 will be
heard in the afternoon because I need to leave in about 15-minutes for the TV program.
Chairman Plummer: So ordered. What is Item 25?
Commissioner Regalado: It's about Miami Charter Review and Reform Committee.
Chairman Plummer: All right, sir. We'll delay that out until, at least, the December meeting.
Commissioner Regalado: Mr. Chairman, at what time are we coming back?
53 June 8, 1999
Chairman Plummer: That's up to the prerogative of the board. It's scheduled for two. You want -- is
that — it doesn't look like a heavy agenda in the afternoon.
Commissioner Regalado: I'm sorry?
Chairman Plummer: Do you want it three? Do you want it two? What's the pleasure of the board?
Commissioner Regalado: Whatever you say, I'm fine.
Chairman Plummer: Well — all right. Let's...
Commissioner Regalado: After two, it's -- I'll be here.
Chairman Plummer: Let's say three o'clock. "Mas o Menos." Three o'clock agreeable to everybody?
No objection? Three o'clock, sir, it shall be.
Commissioner Regalado: I have no idea. It's just that I have to leave to do the TV program.
Chairman Plummer: OK, three o'clock is where we are. We're now...
Commissioner Regalado: So, item 25 will be heard in the afternoon?
Chairman Plummer: Some time after that, yes.
Commissioner Regalado: OK.
Chairman Plummer: Remember now, we also have a Planning agenda that cannot start until five but that,
in itself, is not heavy.
Commissioner Regalado: OK.
Chairman Plummer: OK.
20. WAIVE REQUIREMENT FOR COMPETITIVE SEALED BIDS AND APPROVE EMERGENCY
PROCUREMENT OF HOUSING INSPECTION SERVICES FROM TROPICAL HOME AND
BUILDING INSPECTIONS, INC. FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT;
ALLOCATE FUNDS FROM SECTION 8 MODERATE REHABILITATION AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS ($15,650).
Chairman Plummer: Item 14. The sealed bids approving the emergency procurement of House
Inspection Services. I can't imagine why it's an emergency, but it's fifteen thousand six hundred and
fifty dollars ($15,650).
Vice Chairman Gort: Why is it an emergency?
Chairman Plummer: I want to know the same. Why is it an emergency?
54 June 8, 1999
Ms. Gwendolyn Warren (Director/Community Development): If you will recall, you Commissioners
received a letter regarding the suspension of our Section 8 housing program due to HUD (Department of
Housing and Urban Development) inspections. We had 30 days to do a corrective action plan.
Chairman Plummer: OK.
Vice Chairman Gort: Move it.
Chairman Plummer: Yes. All right. Moved by Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez. All in favor say "aye"
.
The Commission (Collectively): Aye.
-
Chairman Plummer: All opposed?
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-379 -
i
A RESOLUTION OF THE NIIAMI 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 BIDS
AND APPROVING THE EMERGENCY PROCUREMENT OF HOUSING
'SERVICES
?
INSPECTION FROM TROPICAL HOME AND BUILDING
INSPECTIONS, INC., FOR THE DEPARTMENT OF COMMUNITY
DEVELOPMENT; ALLOCATING FUNDS THEREFOR FROM SECTION 8
MODERATE REHABILITATION AND COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAMS, IN THE AMOUNT OF $15,650, TO DEFRAY
THE COST OF SAID INSPECTION SERVICES; AND FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH TROPICAL HOME AND BUILDING INSPECTIONS,
INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
55 June 8, 1999
{.L-Iere follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
_AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None: I - -
21. (A) AUTHORIZE REALLOCATION OF $20,000 OF REMAINING $88,000 ALLOCATION
FROM COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT NOS. 799302.452423-010
AND 799210.459018-010 TO BUDGET OF INTERNATIONAL TRADE BOARD TO COVER COSTS
OF PERSONNEL AND EXPENSES PROVIDED BY STAFF OF INTERNATIONAL TRADE BOARD
FOR ASSISTANCE IN THE IMPLEMENTATION OF THE EMPOWERMENT ZONE INITIATIVE.
(B) DISCUSS CDBG ALLOCATION OF FUNDS.
Chairman Plummer: Item 14-A. Fourteen -A is eighty-eight thousand^ dollars ($88,000) Community
Block Grant to cover the International Trade Board and its new chairman, Mr. Sanchez.
Mr. Donald H. Warshaw (City Manager): It's twenty thousand, Commissioner. ,
Commissioner Sanchez: Twenty thousand. So move.
Chairman Plummer: Excuse me: I stand corrected, that the Zoning agenda can start at any time after two
o'clock. I'm sorry.
Vice Chairman Gort: Two o'clock, great. OK.
Chairman Plummer: Are we...
Vice Chairman Gort: I'll second the motion. Mr Sanchez...
Chairman Plummer: All right. Who moved it?
Vice Chairman Gort: Mr. Sanchez— Commissioner Sanchez moved it.
Chairman Plummer: All right.
Vice Chairman Gort: I second it.
Chairman Plummer: Mr. Mariano Cruz, you have a comment you wish to make?
56 '
June 8, 1999
Vice Chairman Gort: My request -- excuse me. Excuse me.
..
Mr. Mariano Cruz: Right. Just a comment. It's a...
Chairman Plummer: I'm sorry, I'm sorry. Mr. Gort. Commissioners first.
Mr. Cruz: ...point of information. Mariano Cruz, 1227...
Chairman Plummer: Excuse me. Mr. Gort first.
Mr. Cruz: Oh, all right. It's my...
Vice Chairman Gort: I want to make sure, since I think 70 or 80 percent of the empowerment zone is
within the City of Miami, that we — and this is — some of my major areas, like Allapattah and Wynwood,
Model City, all of that needs economic development, that we put everything together and that we get all
the fact sheets together to make sure that we can pass that out as soon as possible to all the people that
can take benefit of that and establish their business within the area.
Ms. Dena Bianchino (Asst. City Manager/Finance & Administration): Yes, sir.
Vice Chairman Gort: OK.
Chairman Plummer: Dena, let me ask you a question, if I may, in that same vein. Meeting last night with
the Upper Eastside people, when would they be putting in an application to be considered for economic
development of the new round of funding?
Ms. Bianchino: OK. That would be further along during the year. The City is going to be funding its
own Economic Development Program. I would need to understand more clearly what...
Chairman Plummer: That is, if we pass it.
Ms. Bianchino: Yeah. But with — are they looking for loan money? Are they looking
Chairman Plummer: No. They're looking like all the other target areas, get money for Economic
Development. They feel the Upper Eastside is looking for — not necessarily from CDBG (Community
Development Block Grant), but if they can, if it's legal, that's what they're looking to do. So, all I'm
asking you is, when would they apply? I didn't...
Ms. Gwendolyn Warren (Director/Community Development): The RFPs (Request for Proposals) will be
out in August.
Chairman Plummer: Would you please contact Mr. Bob Flanders, Vice President of the Upper Eastside,
please? And let him know.
Ms. Warren: I already have an appointment with him.
Chairman Plummer: Mr. GoM do you have anything further? Mr. Mariano Cruz.
Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 26 h Street. As you can see, 1227 and 26 h Street and at
2660, 14t' Avenue, are in the empowerment zone and that's one of the reasons I'm here. Because, like
57 June-8, 1999
4.
I
the other day, when I went to a meeting and saw Cynthia Curry, and I told her, look, I see all these people
here and now they smell money. It's like a feeding frenzy. Everybody wants to go there and use the
money. And, you know, by federal guidelines, resources must be utilized within the empowerment zone.
I want to know how many people from Allapattah are being hired already in this? The money is being
gone to use for hiring and the consultants and the more twenty thousand dollars ($20,000) and that.
What happened to the "Sunset" thing? We don't need the money. Send it back. But, you know, here the
permit is being used in CDBG monies, up to 20 percent for administration, and they use the 19.99, the 20
percent money. There is no — that's the reason that you go to a park in other places and we don't have
the money. Why? Because the money is being used. Most of the money for administration and we are
entitled to that. And, then, when you call for the service of the City that we pay taxes. Besides that, this
is federal money and if this money is coming to Allapattah is because they consider is a very poor zone
that's why the money is there. The monies don't go to Miami Lakes or go to Pembroke Pines or the Pine
Crest. It goes to Allapattah. So, it's a pity I see that the money — right away the money is being — wait.
Who are these people in the trade — in the International Trade Board? Who are the other people? Who
are they? How many people from Allapattah there?
Chairman Plummer: Sir, Mr. Sanchez, as chairman, will personally invite you to attend the meetings so
that you will know.
Mr. Cruz; Yeah, let me know about that.
Chairman Plummer: Yes, he will.
Mr. Cruz: How they. spend the money.
Chairman. Plummer: Yes, he will. Now, where is your sidekick, Mr. Goenaga?.
Commissioner Sanchez: But, Mr. Chairman?
Chairman Plummer: Oh, he's not here. All right.
Commissioner Sanchez:. Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I would like to answer the question. Mr. Mariano, you have to understand
where the money is coming from. The money is coming from...
Mr. Cruz: I know.
Commissioner Sanchez: Vice -President Gore designated one hundred thousand dollars ($100,000) to the -
Empowerment Zone, OK.
Mr. Cruz: Eighty-eight — right.
Commissioner Sanchez: The twenty thousand dollars ($20,000) taken from that will come out of the
International Trade Board. The International Trade Board is to promote International Trade Board in the
City of Miami pertaining with — we represent the whole City. Now, we're taking into focus the
Empowerment Zone, which is a big chunk 'of the City of Miami. We're taking that money -and we're
going to hire George from the — who's the chairman — who's the — running it?
58 June 8, 1999
,Vice Chairman Gort: Executive Director.
Commissioner Sanchez: The Executive Director of the International Trade Board to promote — and it's a
very important initiative that we work together to get money. Now, I could understand your concern, that
you're right. Where are the people hired? We are too early on in the process to hire people from the
different areas, but we're moving in that aspect. -Little by little we'll get to it. The money, twenty
thousand dollars ($20,000) going is needed. It's very important to promote. And I think that, while
working together — not alone, just they City of Miami with Dade County and people from within the
Empowerment Zone — I think that we'll do very well. But, like always, we can't put the cart in front of
the horse.
Chairman Plummer: OK. Is the...
Mr. Cruz: Well, I'll keep in touch.
Vice Chairman Gort: I'd like to add a little more to that also. I want you to make sure that the City of
Miami has been participating in one of the major, major, major conventions where all the developers
throughout the world — there's 26,000 delegates and we talked to them. In one of the seminars, the one
thing they addressed, to go open up your business or to go and improve your business, look at the new
empowerment zones. We were there present. We made a presentation. And one of the things that I
requested — and this is what the International Trade Board is going to do. The City of Miami is going to
put together what the -- in black and white, what are the conditions — what are the criteria to maximize
on the use of the empowerment zone. Then we're going to go out to bring industries and businesses to
our area. That's why he needs the funds to do that.
Mr. Cruz: But you know what happen? I say that because, before you say that that International Trade
Board where the cronies and the families used to go.
Chairman Plummer: All right. All right. Motion of 14-A is understood. 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.99-380
A RESOLUTION . OF THE MIAMI CITY.., COMMISSION
AUTHORIZING THE REALLOCATION OF $20,000 OF THE
REMAINING $88,000 ALLOCATION FROM, THE COMMUNITY
DEVELOPMENT BLOCK GRANT ACCOUNT NOS. 799302.452423-
010 AND 799210.459018-010 TO THE BUDGET OF THE
INTERNATIONAL TRADE BOARD TO COVER THE COSTS OF
PERSONNEL AND EXPENSES PROVIDED BY THE STAFF OF
THE INTERNATIONAL TRADE BOARD FOR ASSISTANCE IN
THE IMPLEMENTATION OF THE EMPOWERMENT ZONE
INITIATIVE.
59
June 8, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Item 15.
Commissioner Teele: Mr. Chairman?'
Chairman Plummer: Mr. Teele.
Commissioner Teele: Before you move on. The RFPs (Request for Proposals) will be out in August.
Has the Commission actually moved the fiscal year — the calendar year? I know that there was some
discussion, but...
Ms. Warren: It's on your agenda for the 22°d.
Commissioner Teele: So, that's coming. Has the City Attorney given an opinion on that? Because there
seems to be some concerns re...
Mr. Vilarello: Commissioner, the last time we met with Ms. Warren and the City Manager, you brought
that issue up and I have not come to a conclusion on...
Commissioner Teele: Well, the issue. — yeah. The issue now is the 20 percent in one. — you see, it just
seems to me that the way we're doing this within the same fiscal year of the City — I just want to make
sure that we don't get into the technical rule issue on the 20 percent administration by moving the year —
in effect, you're stretching it out, and the vast majority of the 20 percent is City staff. And if our year
ended in June and now we're extending it, we're going to go over the 20 percent on the City's staff side -
- on the administrative number, unless the federal government is recognizing. — I mean, I'd just be very
interested in trying to ensure that those issues are thoroughly explained and thoroughly discussed, not at
this time, but certainly at a later date. But it just seems to me that if we're moving from FY 2000 — we
are in FY 2000 now, in the fiscal year of the federal government, right?
Ms. Warren: Yes, sir.
Commissioner Teele: And we're moving this to FY 2001, but yet we've not drawn down on FY 2000
funds, the federal government, it seemed to me by — beginning on October 1, you've got two years
available, FY 2001. And I would just like to maybe get a briefing before the meeting to thoroughly
understand. But it seems to me that we're caught up in our fiscal year, but the federal government deals
60 June 8, 1999
with their fiscal year. We're in their fiscal year now. The last time we drew down funds was in FY '99.
We're in FY 2000 now.
Ms. Warren: We will do a briefing, but just a point of information. The City has, for the last 24 years,
budgeted its administrative allocation, that 20 'percent cap that everyone talks about on the City fiscal
year. It has always been the programs that have operated on a different year. So, to answer your
question, there will be no additional administrative allocation in the adjustment of the year in extending it
to a fifteen and a half month year. OK. And it's — and we have cleared this with HUD, and the
administrative budget has always been on the City calendar. It's the program...
Commissioner Teele: On the City fiscal — on the City...
Ms. Warren: Fiscal year. And it's the other ones that are out of sync.
Commissioner Regalado: But if I may? In July you're going to still keep paying the social programs, is
that correct?
Ms. Warren: On the 22°d you will receive — you're going to have an agenda item that recommends, for
your approval, the extension of the social programs through September 30d' so that they will come in
align with the fiscal year, and we'll issue the RFP (Request for Proposal) for programs to start October L.-
Commissioner Regalado: And, then, when we decide what amount in the next fiscal year we'll be
awarding the different programs?
Ms. Warren: You'll be doing that in your September meeting.
Commissioner Regalado: Would that have time — sufficient time to...
Ms. Warren: What we have done is, we'll be operating on a — once you passed the -- or approve your
recommendations, we'll be operating on a letter of contract for 60 days that will authorize the agencies to
operate.
Commissioner Teele: Well — Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Two quick things. I'm satisfied with the answer on the Administrative, but now
you've really concerned me on the category of Social Services, because that-15 percent also applies —
and if you're saying that we're extending them, I just want to make sure that that is thoroughly covered
on the social services. And you've given, I think, an explanation on the Administrative, but there are two
things. ' Number one. Certainly, everything the County does is not what we should do, but one thing that
we learned in the County is doing CDBG (Community Development Block Grant) in the same time frame
as doing budget is a very bad process. And I, for one, would not be comfortable trying to approve —
trying to do budget items, Citywide budget items, and doing CDBG in the same month. I think that needs
to be in October or November and not in September. I think the City Commission clearly needs to be
focused on our budget issues. And, quite frankly, when you get the Community Block Grant
Development process up, we get overrun by the ants [phonetic] on the small issues and the big issues
wound up, perhaps, not getting the full attention. That's one point, Mr. Manager. The other issue, quite
frankly, is the concern, Mr. Manager — the real concern that I have, that this item really should have
come up in March or April. I mean, right now you can put it up, but I don't know if we have any choice
61 June 8, 1999
other than to approve the change. I mean, the change in the calendar year or the change in the fiscal year
process. And I think, again, we need to avoid putting ourselves where we all have to walk the gang plank
and we don't have any option but to do what is being recommended. And I just offer that gratuitously,
not necessarily as a —.but it's very — I mean, it's real clear. What choice do we have? We could maybe
.make it August or September. But by bringing it to us after the year has already ended or begun, based
upon what we've done in the past, we don't have a choice but to approve it. Thank you, Mr. Chairman.
Chairman Plummer: OK. Is there any further discussion .on item 14-A? Hearing none, all in favor say
«aye
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
22. AMEND RESOLUTION NO. 98-638, TO AUTHORIZE MANAGER TO EXECUTE
AMENDMENT NO. 2 WITH THE GREATER MIAMI YMCA, INC., TO INCREASE FUNDING
ALLOCATED FOR THE PROVISION OF YOUTH SERVICES FOR THE DEPARTMENT OF
POLICE BY $66,484; ALLOCATING FUNDS FROM THE EAST LITTLE HAVANA MINORITY
YOUTH DIVERSION GRANT:
Chairman Plummer: We're now on item 15. Mr. Manager, I have a question on 15. My question relates
that YMCA (Young Men's Christian Association) is going to be supposedly generating funds at Virrick
Gym for the idea of that operation. Now, here we are giving them money. Are we fooling ourselves by
giving money to get money back or are we, in fact, spending money to make money?
Police Major Longueira: No. They're going to be operating a specific program and we've already under
operation this past year in East Little Havana for a separate, specific program.
Chairman Plummer: OK. But we're giving them money here.
Major Longueira: Yes.
Chairman Plummer: OK. And, yet, they've proposed to give money to Virrick Gym operation.
Mr. Donald H. Warshaw (City Manager): Which is — you're right. Under a separate kind of an
agreement as one of the users. Is that the money you're referring to?
Chairman Plummer: Yeah. OK.
Vice Chairman Gort: My understanding, what we're saying is, those fundg- is to be utilized through
specific programs in Little Havana.
Commissioner Sanchez: Yes.
Mr. Warshaw: That's correct.
Vice Chairman Gort: And that's a very poor neighborhood and people cannot afford to'pay-for it. What
we're doing here in the Virrick Gym would be a mix of people that could not afford to pay, but there,
would also be people who would'be able to pay and that's the funds that we'll be getting back.'
6.2. June 8, 1999
Mr. Warshaw: That's correct, Commissioner. It's a targeted program.
Major Longueira: Right.
Chairman Plummer: But they're supposed to be...
Vice Chairman Gort: Well, I would, if possible, we have YMCAs throughout the City. If we can
establish the same program in East Little Havana in the other areas, where we have one YMCA. It's a
great organization. And if we can keep the kids off the street, that's — we can save a hell of a lot of
money in the future if we do that.
Major Longueira: And this is a state grant and if we get more funding...
Mr. Warshaw: Right. The Fire Department and the Juvenile Justice grants.
Vice Chairman Gort: OK. Right.
Mr. Warshaw: So, we keep trying to get these dollars for programs all over...
Vice Chairman Gort: Whatever we learn on this, let's try to apply it throughout the City. Thank you.
Chairman Plummer: Well, I think more importantly, the issue here is not in the agenda item and, that is,
that this is a second payment in the same year,
is that correct?
Major Longueira: No. This is...
Chairman Plummer: It's an increase...
Major Longueira: I believe for another year of funding. It's a refunding of the grant.
Chairman Plummer: It doesn't say that.
Major Longueira: Well...
Chairman Plummer: It says it's an increase, the amount from 60... -
Major Longueira: Right. And that's what this — they're increasing it in the resolution. That's what it's
doing. But it's actually received funding for the second year.
Vice Chairman Gort: Next year's funding.
Mr. Warshaw: That's the legal way that we're to express it to you.
Vice Chairman Gort:. Right.
Chairman Plummer: It doesn't say that. It says an increase, OK? It doesn't say for an additional year.
Major Longueira: That's what it is, Commissioner.
63 June 8, 1999
Chairman Plummer: OK. As long as it's understood that that's what it is.
Major Longueira: Yes. And it's the Youth Diversion Program.
Chairman Plummer: Forty-four thousand is coming from the Police. Where is the remaining coming
from?
Major Longueira: No. The...
Mr. Warshaw: It's all grant money.
Major Longueira: It's all grant money. Sixty-six thousand four hundred and eighty-four dollars
($66,484).
Mr. Warshaw: There's no general fund dollars. It's all grant money.
Chairman Plummer: OK. OK. Moved by GoM seconded by Sanchez. Under discussion. Mr. Sanchez.
Commissioner Sanchez: There is no discussion. J.L., that's -- and I'm glad you're very concerned in
going through with a fine tuned comb, all right? But it's an excellent program, J.L. It's in Little Havana.
So, I second it and ask you to support it.
Chairman Plummer: OK. Fifteen. 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.99-381
A RESOLUTION OF THE NIIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING RESOLUTION NO. 98-638, AS
AMENDED, TO AUTHORIZE THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE GREATER MIAMI YMCA, INC., TO INCREASE
THE FUNDING ALLOCATED FOR THE PROVISION OF YOUTH
SERVICES FOR THE DEPARTMENT OF POLICE BY-166,484;
ALLOCATING FUNDS THEREFOR FOR SAID SERVICES FROM
THE EAST LITTLE HAVANA MINORITY YOUTH DIVERSION
GRANT, ACCOUNT CODE NO. 142020.291402.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
64 June 8, 1999
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
23. ESTABLISH VIRGINIA KEY PARK CIVIL RIGHTS TASK FORCE TO ADVISE AND
RECOMMEND TO COMMISSION REGARDING FUTURE DEVELOPMENT OF VIRGINIA KEY
PARK -APPOINT REEVES, PINKNEY, WALTERS, TOWNSEND, THOMAS, FIELDS, TINNIE -
DIRECT TO ABOLISH AD HOC CITIZENS ADVISORY SUB -COMMITTEE OF WATERFRONT
BOARD ON DEVELOPMENT OF VIRGINIA KEY.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The time is 11:50 a.m. I know that Commissioner Range has been here very
patiently. The item that she's here on, I believe, is item 26-A, and if we could take that -up before the "
break, I would be grateful.
Chairman Plummer: Sir, we'll take it up now, and that will be last item of the morning. Mrs. Range.
Any items beyond this item will be taken up some time after 3:00 p.m.
Ms. Athalie Range: Good morning.
Chairman Plummer: What item is it, Mr. Teele?
Commissioner Teele: Twenty-six "A".
Commissioner Sanchez: Twenty-six "A".
Ms. Range: Twenty-six "A"..
Chairman Plummer: Twenty-six...
Commissioner Teele: Mr. Chairman, this is the resolution that we asked to come back...
Chairman Plummer: I'm aware, but I didn't know the number.
Commissioner Teele:' ...and I would move it for discussion purposes.
Commissioner Sanchez: Second.
Chairman, Plummer: All right. Moved by Teele, seconded by Sanchez.
Chairman Plummer: Item 26...
65 June 8, 1999
,Vice Chairman Gort: I don't have it.
Commissioner Teele: "A".
Chairman Plummer: Twenty-six "A".
Vice Chairman Gort: I don't have it.
Chairman Plummer: Well, it's right here, Mr. Gort. You want to look at mine?
Commissioner Teele: A resolution establishing the Virginia Key Task — Civil Rights Task Force, and it
gives each of the Commissioners appointments. It gives the Mayor two appointments, and it proposes
eight persons, whose names we're submitting for the record. Based upon the task force that's been
working, Mrs. Athalie Range, the former City Commissioner of the City of Miami; Garth Reeves, the
publisher of the Miami Times; Enid Pinkney, the Chairman of the Dade Heritage; Walter — Mark Walters
of the Sierra Club; Richard Townsend, a representative of the Audubon; Eugenia Thomas, the widow of
Judge Thomas; Dr. Dorothy Fields, our representative of the Black Archives, and Gene Tinnie, an
African -American artist, would be the eight names based upon the community, and it's a cross-section
and representation of the community.
Vice Chairman Gort: Second.
Chairman Plummer: There was a second. OK. Mrs. Range.
Mrs. Range: Good morning. My name is Athalie Range and I reside at 5727 Northwest 17,' Avenue. We
did not come to make a presentation this morning. We simply came to witness the naming and the
originating of the committee and any directions that the Commission might wish to give us at this point
or at a later point. We're in agreement with the names that have been mentioned by Commissioner
Teele, and this is really all we are interested in at this point.
Chairman'Plummer: Any further discussion? All in favor say "aye."
The Commission (Collectively): Aye.
The following resolutions were introduced by Commissioner Teele, who moved their adoption:
RESOLUTION NO.99-382
A RESOLUTION OF THE MIAMI CITY COMMISSION
ESTABLISHING THE VIRGINIA KEY PARK CIVIL RIGHTS TASK
FORCE FOR A PERIOD NOT TO EXCEED ONE YEAR, TO ADVISE
AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION
REGARDING THE FUTURE DEVELOPMENT OF VIRGINIA KEY
PARK; SETTING FORTH SAID TASK FORCE'S PURPOSE,
POWERS, AND DUTIES; AND PROVIDING FOR OFFICERS,
MEETINGS; QUORUMS, AND REQUIREMENTS FOR
MEMBERSHIP.
66 June 8, 1999
RESOLUTION NO.99-382.1
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
VIRGINIA KEY PARK CIVIL RIGHTS TASK FORCE FOR TERMS
AS DESIGNATED HEREIN.
(Here follows bodies of resolutions, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote: _
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Mr. Range: Thank you very much.
Chairman Plummer: It is approved.. I thought it was going to take longer.
Vice Chairman Gort: We have nine minutes. Let's go.
Mr. Jack King: Mr. Chairman?
Chairman Plummer: Mr. King.
Mr. King: My name is Jack King, 1765 Micanopy Avenue. I'm on the Waterfront Advisory Board. And
this — because it concerns Virginia Key, several months, ago I guess a year ago, the City Commission
appointed a sub -committee of the Waterfront Advisory Board to do a report on the development of
Virginia Key. They came back. They did that. It's been accepted by the Waterfront Advisory Board.
We have been told by our City Attorney, our Assistant City Attorney, that the only people that can
dissolve that board, since they have completed their work, is the City Commission, and we'd like to ask
you to do that at this particular point and...
Chairman Plummer: Mr. City Attorney, will you prepare for the next Commission meeting that which
has been spoken to for dissolution of that board?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Plummer: It will be followed -up, sir.
Mr. King: And we're in favor of, you know, this new committee going forward.
Chairman Plummer: All right, sir.
67 - June 8, 1999
I4r. King: All right:
M. WAIVE REQUIREMENT FOR COMPETITIVE, SEALED BIDS AND APPROVE LEASE OF 21
SORTABLE AIR-CONDITIONING UNITS, FROM SPOT COOLERS OF MIAMI, FOR POLICE
'$7,000).
Chairman Plummer: With my colleagues' permission, I'll go ahead and do a few more items before
lunch. All right, we're up to item 16, a four -fifths. This is -- what? Portable air-conditioning units for
the Police Department?
Mr. Donald H. Warshaw (City Manager): Commissioner, this is when the air-conditioning towers on the
building had to be replaced and there was no air-conditioning in the building, so the Police Department
rented these portable units so the employees could work.
Commissioner Sanchez: So move.
Chairman Plummer: Moved by Sanchez.
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Gort. Call the roll.
[COMMENTS MADE AFTER ROLL]
Chairman Plummer: Ifl vote "no," you don't get a four -fifths vote and the item dies, right? I vote "yes."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-383
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
BIDS AND APPROVING THE LEASING OF 28 PORTABLE AIR-
CONDITIONING UNITS, FROM SPOT COOLERS OF MIAMI, FOR '
THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO
EXCEED $7,000; ALLOCATING FUNDS THEREFOR FROM THE .
POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.610.
(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:
68 June 8, 1999
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
25. APPROVE PURCHASE DUMPSTER CONTAINERS FROM EBCO ENVIRONMENTAL BINS, of
UTILIZING MIAMI-DADS COUNTY FOR THE DEPARTMENT OF SOLID WASTE, ($35,000).
Chairman Plummer: Item 17. Approving the purchase...
Vice Chairman Gort: I move it for..: =
Chairman Plummer: Wait a minute. Approving the purchase of 65 two -yard and 35 four -yard dumpsters
for sanitation at the cost of thirty-five thousand dollars ($35,000). Moved by Gort.
Commissioner Sanchez: Second.-'.
Chairman Plummer: Seconded by Sanchez.
Vice Chairman Gort: Under discussion. , `
Chairman Plummer: Under discussion. Mr. Gort.
Vice Chairman Gort: My understanding is, this is to replace some of, the -bins that we have in our parks
and our different places because...
Mr. Donald H. Warshaw (City Manager): That's correct City disposals.
Chairman Plummer: Dumpsters, dumpsters, yeah.
Mr. Clarence Patterson (Director, Solid Waste Department): Yes, that's correct.
r Vice Chairman Gort: OK, dumpsters. The dumpsters. Because we'have to make sure we set the
example.
Mr. Patterson: Yes, sir. --
Vice Chairman Gort: Thank•you.
Chairman Plummer: Mr. Patterson, we read in the paper where they're stealing the doors off of the new
liter bins that are aluminum...
Mr. Patterson: With its cast aluminum, yes.
Chairman Plummer: With bolt cutters.
69 ' June 8, 1999
ti
Mr. Warshaw: The Police Department caught the culprits.
Chairman Plummer: Yeah. But, you know, is this the same thing that we had on Biscayne Boulevard
with the light posts? How are we going to — is there anything or anything being done to stop it? We paid
eight hundred dollars ($800) per liter bin, correct?
Mr. Patterson: Five.
Mr. Warshaw: It's my understanding that they were stealing the doors and selling them, you know, as
scrap metal.
Chairman Plummer: That's what I understand. All right, Mr. Patterson, the Point View North and South
are asking for liter containers. That's the horse shoe in front of South Bayshore Drive between what is
I S'h Road and approximately 12te Street that people park there who are not living in the area...
Vice Chairman Gort: Uh-huh, right.
Chairman Plummer: ...and that, in fact, if you'll contact Mrs. Nellie Zamora, who is the president of the
association, and assure her that you'll have the matter looked into.
Mr. Warshaw: We'll get it done.
Mr. Patterson: We'll take care of it.
Chairman Plummer: All right. Item 17. Motion understood? 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.99-384
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PURCHASE OF 65 TWO -YARD AND 35 FOUR -
YARD DUMPSTER CONTAINERS FROM EBCO
ENVIRONMENTAL BINS, UTILIZING MIAMI-DADE COUNTY
CONTRACT NO. 5054-1/99-OTR-CW, FOR THE DEPARTMENT OF
SOLID WASTE, IS HEREBY APPROVED, IN AN AMOUNT NOT
TO EXCEED $35,000; WITH FUNDS THEREFOR HEREBY
ALLOCATED FROM ACCOUNT CODE NO.422001.320302.6.850.
70
June 8, 1999
(here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
26. AUTHORIZE MANAGER TO EXECUTE NON-EXCLUSIVE PERMIT AGREEMENT WITH AD
FOR YOU, INC., TO INSTALL, MAINTAIN AND SERVICE LITTER CONTAINERS, WITH
ADVERTISING THROUGHOUT CITY.
' Chairman. Plummer: We're now .on item 18. Item 18, a non-exclusive permit for a specified term
between Miami and Ad For You, Incorporated. Ah, ha, Bonbon comino:
Mr. Humberto Cortina: Yep.
Chairman Plummer: Welcome.
Mr. Cortina: Thank you, sir.
Chairman Plummer: Your name in English and your address.
Mr. Cortina: Humberto Cortina, 4064 Bonita Avenue in Coconut Grove.
Chairman Plummer: All right, sir. And you're going to pay the City, how much every month? .
Mr. Cortina: I am going to buy the litter bins. I am going to pickup the garbage. I am going to clean
them.
Chairman Plummer: And give the City how much?
Mr. Cortina: I am going to give the City five percent of all my litter bins to be -used by City advertising.
Whatever they want.
Chairman Plummer: Mr. Manager, you've, I assume, agreed to that because it's on the agenda.
Mr. Donald H. Warshaw (City Manager): This item has been back and forth here many, many times.
Vice Chairman Gort: For a long time. =
71 June 8, 1999
Mr. Warshaw: What our initial concern was that the litter bins were too small in terms of their ability to
be able to, you know, keep garbage and litter. So, we had asked Mr. Cortina to redesign them, and they
have been redesigned to the City's specifications, and we're going to try this throughout the City and see
— and I'll let Raul Martinez tell you a little bit more about it.
Chairman Plummer: Well, let me tell you my concern, OK? Because I thought, when Mr. Patterson
bought these new heavy rock, whatever you call those litter bins, that we were going to be able to stop
the people from downtown, namely, obviously the homeless who were going up to our litter bins,
grabbing them, turning them upside down on the sidewalks to get to the aluminum cans and leaving all
the debris on the sidewalk. Now, I guess if they steal the doors, we've got a problem. But are these what
are being provided here through this negotiation — is there a way that they are going to be able to try and
avoid that problem to these containers?
Mr. Warshaw: Well -- and I'll let Mr. Martinez answer you. Just to give you one little piece of
background. Back in February of 1998, the Commission directed the then Manager, before myself, to
take a look at this and negotiate an agreement, but the reason it's taken so long is, as I said earlier, we
redesigned the bin itself so it's more than just an advertising issue. It's something that's going to be
serviceable. It's going to be of value to the City. It's going to be of value to gathering litter. We've
done that and now we brought it back to you.
Chairman Plummer: And how many...
Vice Chairman Gort: As I recall...
Chairman Plummer: Excuse me. How many in number?
Mr. Raul Martinez (Assistant City Manager/Operations): Commissioner, we're not sure. He has to apply
for a permit for each and every bin that he installs. And there's a lot of zoning restrictions...
Chairman Plummer: OK.
Mr. Martinez: ...that will be imposed as to where he can put it in sidewalk space.
Chairman Plummer: My question is in reference to bus benches and others, where there is advertising,
the City gets "X" number for public service announcements. Has that been negotiated?
Mr. Cortina: Yes, sir.
Mr. Martinez: Yes, sir. Like we said, we negotiated. Five percent of all the bins is going to have the
space for us to put and do any announcements that we may want to do. --
Chairman Plummer: OK. I only have one other concern. Knowing Humberto, it's really not a concern,
but does the City, in fact, have any control over the artwork on the containers?
Mr. Cortina: Yes. Yes, you do, sir. I just want to point out to you, sir, that we...
Chairman Plummer: I want it on the record.
Mr. Cortina: On the record, there is no problem on that. As you know, we have over 100 in the County,
and we're following basically the County contract to pursue your concerns.
72 June 8, 1999
Chairman Plummer: Well, as long as the City retains a control.
Mr. Cortina: Yes, it does.
Mr. Warshaw: And, for the record, Commissioner, that was an important issue for me.
Mr. Cortina: Yes, it was.
Mr. Warshaw: The advertising was tasteful and in accordance with what we would want in our
neighborhoods.
Chairman Plummer: My final question...
Vice Chairman Gort: Also...
Chairman Plummer: ...how long is the nonexclusive permit for?
Mr. Cortina: I think, three years, Commissioner.
Chairman Plummer: How much?
Mr. Cortina: Three years.
Chairman Plummer: Three?
Mr. Cortina: Yes, sir.
r
Chairman Plummer: Thank you. Mr. Gort.
Vice Chairman Gort: My understanding is, the last time I was here, one of the things that we requested,
which I think will be very helpful to some of the other neighborhoods, to make sure — my understanding,
according to the zoning, this is going to have to be in the public right-of-ways and the — I'm pretty sure it
will probably be close to the bus shelters where people do a lot of trash and throw away a lot things, that
they're equally distributed to the...
Mr. Cortina: Yeah. What we're going to do, sir...
Vice Chairman Gort: ... different neighborhoods within the City of Miami.
Mr. Cortina: That is correct.
Vice Chairman Gort: I want to make sure that Allapattah, Wynwood, Flagami and all the areas get...
Mr. Cortina: Well, we're going to start and figure out exactly how to go. It's going to take us a while,
but we'll do that. It will be a...
Vice Chairman Gort: It's been moved by Sanchez. OK.
Chairman Plummer: All right. Mr. Goenaga, you feel compelled?
73 June 8, 1999
)(ice Chairman Gort: No. Let's make a motion first.
Chairman Plummer: There was -- motion by Gort, seconded by Sanchez.
Mr. Manuel Gonzalez-Goenaga: Is political advertising being allowed in your...
Commissioner Sanchez: No.
Mr. Gonzalez-Goenaga: No.
Chairman Plummer: Did that answer your question? Do you have any other questions?
Mr. Gonzalez-Goenaga: No. One is enough.
Chairman Plummer: Oh, OK. One from you is too many.
Commissioner Sanchez: Mr. Chairman, I would...
Chairman Plummer: Mr. Sanchez.. Does any other Commissioner have any questions or discussion?
Commissioner Sanchez: Mr. Gort, you made the motion. I seconded it. What this City needs is more
trash cans and here we have them.
Chairman Plummer: OK. Then all in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-385
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-
EXCLUSIVE PERMIT AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR A SPECIFIED TERM, BETWEEN
THE CITY OF MIAMI ("CITY") AND AD FOR YOU, INC., TO
INSTALL MAINTAIN AND SERVICE LITTER CONTAINERS,
WITH ADVERTISING, THROUGHOUT THE CITY OF MIAMI.
74 June 8, 1999
-,(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado ..
Chairman Plummer: And, in fact, we will be back somewhere around 3 o'clock.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:01 P.M. AND
RECONVENED AT 3:00 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
27. AUTHORIZE CITY EMPLOYEES WHO ARE MEMBERS OF THE U.S. MILITARY
RESERVE OR FLORIDA NATIONAL GUARD, A SUPPLEMENT TO MILITARY PAY
RECEIVED IN AN AMOUNT NECESSARY TO BRING TOTAL SALARY, INCLUSIVE OF
BASE M MARY PAY, TO THE LEVEL EARNED AT THE TIME OF THE ORDER TO
ACTIVE MILITARY DUTY. '
Chairman Plummer: This City Commission is now back in session. OK. We are now ready to start the
agenda and we are on item — that's the wrong agenda. Where's my other agenda? All right. I think we need
to do — to start with Item 19, am I correct? Yes. Item 19 is a resolution in reference to people of the City
employees who, in fact, serve in the National Guard or get called up into regular service, protecting them
and their pension and their pay. Moved by Sanchez. Seconded by Gort. Anybody wishing to discuss
anything further on 19? Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
1 Chairman Plummer: Opposition? Show it unanimous
75 June 8, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-386
A RESOLUTION OF THE, MIAMI CITY COMMISSION
AUTHORIZING CITY OF MIAMI , EMPLOYEES WHO ARE
MEMBERS OF THE UNITED STATES MILITARY RESERVE OR
FLORIDA NATIONAL GUARD; ORDERED TO REPORT FOR
ACTIVE DUTY IN AREAS OF CONFLICT, A SUPPLEMENT TO
MILITARY PAY RECEIVED IN AN AMOUNT NECESSARY TO
BRING TOTAL SALARY, INCLUSIVE OF BASE MILITARY PAY,
TO THE LEVEL EARNED AT THE TIME OF THE ORDER TO
ACTIVE MILITARY DUTY; APPROVING CERTAIN OTHER
SPECIFIED BENEFITS, WITH THE MONIES FOR SUCH
EXPENDITURE- BEING 'ALLOCATED FROM PREVIOUSLY
APPROPRIATED SALARY AND SALARY SURPLUS FUNDS; AND
DIRECTING THE CITY' MANAGER TO- EXECUTE ALL THE '
NECESSARY DOCUMENTS FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Wifredo Gort, the resolution was passed and adopted by the
following vote:
AYES:
NAYS:
ABSENT:
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado .
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
None.
None.
28. AUTHORIZE MANAGER TO ACCEPT TWO GRANTS FOR THE DEVELOPMENTALLY
DISABLED PROGRAMS (ADMIMSTERED BY . THE PARKS AND RECREATION
DEPARTMENT THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES) AS
FOLLOWS: (1) FROM THE STATE 'OF FLORIDA DEPARTMENT OF. CHILDREN AND
FAMILIES, ($17,132) AND (2) FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE
ADMIMSTRATION, MEDICAID PROGRAM DEVELOPMENT, ($255,667).
Chairman Plummer: Item 21 is a grant running through June of the year 2000 for two hundred and fifty-five
thousand six hundred and sixty-seven dollars ($255,667): It is a grant for the developmentally disabled..
Moved by...
Commissioner Sanchez: So move.
Chairman. Plummer: ... Sanchez. Seconded by...
76 June 8, 1999
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Gort, Teele and Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-387
A RESOLUTION OF THE M M CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT TWO
GRANTS TO FUND PROGRAMS DURING THE PERIOD OF
JULY 1, 1999 THROUGH JUNE .30, 2000 FOR THE
DEVELOPMENTALLY: - DISABLED, WHICH ARE
ADMINISTERED BY . THE PARKS . AND RECREATION
DEPARTMENT THROUGH ITS PROGRAMS FOR PERSONS WITH
DISABILITIES AS FOLLOWS: (1) FROM THE STATE OF
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, IN THE
ESTIMATED AMOUNT OF $17,132 AND (2) FROM THE STATE
OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,
MEDICAID PROGRAM DEVELOPMENT, IN THE ESTIMATED
AMOUNT OF $255,667; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
ACCEPTANCE AND IMPLEMENTATION OF SAID GRANTS.
(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.
77 June 8, 1999
29. EMERGENCY ORDINANCE ESTABLISH NEW SPECIAL REVENUE FUND: "PROGRAMS
FOR THE DEVELOPMENTALLY DISABLED, FY 1999-2000"; APPROPRIATE FUNDS
($272,799), CONSISTING OF TWO GRANTS FROM THE STATE OF FLORIDA: (1)
DEPARTMENT OF CHILDREN AND FAMILIES ESTIMATED AT $255,66% AND (2) AGENCY
FOR HEALTHCARE ADMINISTRATION MEDICAID PROGRAM DEVELOPMENT ESTIMATED
AT $17,132.
Chairman Plummer: Item 22, a special program for the developmentally disabled to spend the money.
Moved by Gort. Seconded by Sanchez. Read the ordinance. Motion understood? Call the roll. It requires a
four/fifths vote.
An Ordinance Entitled
AN EMERGENCY ORDINANCE ESTABLISHING A NEW
SPECIAL REVENUE FUND. ENTITLED: "PROGRAMS FOR
THE DEVELOPMENTALLY' DISABLED, FY . 1999-2000"; ,
APPROPRIATING FUNDS FOR ITS . OPERATION ` IN THE
ESTIMATED TOTAL AMOUNT $272,799, CONSISTING OF A
GRANT ESTIMATED AT- $255,667, - FROM THE STATE OF
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, AND
ANOTHER GRANT ESTIMATED AT $17,132, FROM THE STATE
OF FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION
MEDICAID PROGRAM DEVELOPMENT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for adoption as an
emergency measure, and dispensing with the requirement of, reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
j. NAYS: None.
ABSENT: None.
r
78 June 8, 1999
Whereupon the Commission on motion of Vice 'Chairman Gort and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11802,
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
30. APPROVE MANAGER'S RECOMMENDATION TO ACCEPT PROPOSAL RECEIVED
FROM JAIME S. ANGULO AND CESAR R. SOTO AS BEING THE MOST QUALIFIED TO
PROVIDE PROFESSIONAL MANAGEMENT SERVICES FOR CITY -OWNED TOWER
THEATER.
Chairman Plummer: I have lost Items 23 and 24. What is 23? Somebody help me out. -
Vice Chairman Gort: Tower Theater, Professional Management.
Chairman Plummer: You got it there handy? -
Vice Chairman Gort: Here.
Chairman Plummer: Thank you. Item 23 is the Manager's recommendation to hire Jaime Angulo and Cesar
Soto for the operation of the Tower Theater. Is there a motion?
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez.
Commissioner Sanchez: For discussion purposes.
Chairman Plummer: Under discussion. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, what assurance do we have that the party will — let's say, if things
don't work out, what agreement do we have that they could just not walk away from the project and leave us
hanging?
Chairman Plummer: Mr. Manager?
79 June 8, 1999
Mr. Erdal Donmez: Commissioner— Erdal Donmez, Director of Real Estate and Economic Development.
Qne of the -conditions of this resolution is for it to operate or, you know, to come back to us with a detailed
operating plan, as well as, you know, financial commitments. And, you know — and financial unit plan for
the next three years. He has, you know, 30 days to do it, until June 15th, and if you're not convinced, we're
not going to go forward. So, that's a condition. It's pretty well understood, you know, with Jaime Angulo
and Cesar Soto.
Chairman Plummer: Does that clear...
Commissioner Sanchez: And there is an agreement for three years there? So, in other words, they can walk
away if the project is not productive or they go through some rough times and just can't back away from the
contract, can they?
Mr. Donmez: And one of the conditions, you know, we're thinking right now is either they set aside a
deposit or letter of credit so they can't simply just, you know, walk out of the facility.
Commissioner Sanchez: And when will we start paying this firm? Because the project's not even
completed yet. When we will start paying this firm?
Mr. Donmez: We're not paying them, sir. They're going to be' paying us.
Commissioner Sanchez: OK. When do they start paying us, as soon as they take over management?
Mr. Donmez: When they take possession of the property. And the construction is not expected to be
completed until end of July.
Commissioner Sanchez: Thank you.
Chairman Plummer: All right. Any further discussion?
Commissioner Regalado: Question, question, question.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Are they aware that the audio visual equipment is not ready, nor do we have the
funds for that, as yet?
Mr. Donmez: The answer is yes, they were aware that there were no monies, you know, available when we
were going through the selection process. But, in the meantime, during the last Commission meeting, we
have approximately two hundred and twenty-four thousand dollars ($224,000)-set aside, if approved by the
Commission. It's within the capital improvements, you know, budget for purchasing of the equipment.
Commissioner Regalado: That would include the concession stand, too?
Mr. Donmez: Yes, sir.
Commissioner Regalado: How about the museum?
Mr. Donmez: rm sorry, sir?
80 June 8, 1999
Commissioner Regalado: The museum. It was supposed to have a museum on one side, the original plan
was.
Mr. Donmez: That, I don't recall, sir. Two twenty-four is sufficient to purchase the audio visual and also
the kitchen and also concession, you know, equipment.
Commissioner Regalado: They are aware, also, that the purpose — at least, the original purpose was one
movie theater and one theater for plays and movies. Is that...
Mr. Donmez: That's correct, sir. This is going to be a multipurpose, you know, facility, not just for movies,
but also community and also other, you know, cultural events.
Commissioner Regalado: All right.
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, thank you. Let me understand. The team that is going — the team that
you're recommending, essentially, is going to pay the City, is that right?
Mr. Donmez: Yes, sir.
Commissioner Teele: That contract is going to come back to us?
Mr. Donmez: Yes, sir. And it was the intent of the RFP (Request for Proposal) requiring the management
company to compensate the City for the use of the facility.
Commissioner Teele: Was this an RFP or an RFQ (Request for Qualification)?
Mr. Donmez: It was an RFP, sir.
Commissioner Teele: Mr. Manager?
Mr. Donald Warshaw (City Manager): Yes, sir.
Commissioner Teele: I've got some concerns about the financial aspects of this. I don't think it's fully
disclosed, in terms of where we are on the whole project. I realize this is a particular item of the selection of
the theater management recommendation, and I think it would be helpful if, somewhere, we could get sort of
a review or recap. I mean, there may be some history that even predates me, but I know this has sort of been
like a moving target as we've gone along. But I want to say, sincerely, to you and — where is Ms. — what's
your Special Assistant's name? Ms. Wagner?
Mr. Warshaw: Ms. Wiley.
Commissioner Teele: Ms. Wiley.
Mr. Warshaw: Marva Wiley.
81 June 8, 1999
Commissioner Teele: and the Purchasing Director and the GSA (General Services Administration)
Director. This package is one of the first thoroughly professional packages that I've seen on an RFP. It tells
— there is no -guesswork. It tells exactly who was on the selection team. It tells who got rated how. I mean,
it demystifies a lot of the things that we've heard people come in and complain about as it relates to the
assignment of slips. You remember the discussion on slips...
Mr. Warshaw: Yes, I do.
Commissioner Teele: ...and all those kind of things? And I would hope that, somewhere along the line, you
all would pass this packet around as the way an RFP really should be presented to the Commission. This is
a professional — I mean, I hope this guy — this company succeeds because I'm pretty much going out on a
limb. But I'm telling you, this staff work is absolutely professional and- I commend you and I compliment
you. I hope we're getting the best deal here. But I particularly brought — bring to the Commission's
attention the fact that this process did something we don't do enough of and, that is, the Selection Committee
was made up of outside professionals. In other words, we had City staff on this, but City staff was not the
driving force in terms of the numbers. Pm sure they drove the process. And it seems be an outstanding
array of people. I don't know all of them, but I know their official capacities. And I just want you to know
that I'm very encouraged and I would hope that, as we move forward with some of these RFP's that have
come up — I mean, the one on the selection of a consultant to assist us in our tax — evaluation on taxes, that -
was a horrible RFP process, the way it came up. I mean;' it was being evolved as it came ,before the
Commission. There were no rankings, no numbers. I mean, it was like everybody just sort of sat around the
room and discussed it. And this, I think, represents a quantum leap forward in the professionalism of the
management, and I want to commend you, Mr. Manager.
Mr. Warshaw: Thank you. It was the Planning Department that did most of the work, -there but thank you
very much.
Chairman Plummer: No raise. OK. Motion.:
Vice Chairman Gort: I'd like to add to that.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I had someone approach me on Sunday. They were looking at the theater, and they
would like to — they have a production company. They were interested in working in transaction, where
they can put the production company there, not only to produce TV programs and have that. So, I pass that .
on to — so, any ideas you all have, we all can work on this.
Commissioner Teele: Mr. Chairman, I. don't mean to beat this horse to death, but -Mr. Manager?
Mr. Warshaw: Yes....
Commissioner Teele: And, particularly, whoever is responsible for culture and arts - and I know, .
Commissioner Regalado, you have forwarded this notion of a Culture Council. Arts and culture don't
necessarily make money. If they made money, they'd be on Broadway or off Broadway'
Chairman Plummer: And everybody would be in it. i.:.
82
June 8, 1999 `
Commissioner Teele: And the fact of the matter is, is that we've done probably too good of a job in the
Grove on some of these things but — and I say that complimenting you, Commissioner Plummer. But as we
try to develop theater and the arts and culture, we're going to have to make substantial investments. And I
think, what I was saying initially, we're going to spend two hundred thousand dollars ($200,000) for
equipment and all of that, that's money well spent because that, too, is a part of what this City should be
about. And I commend you, Mr. Manager, and urge you to take this project and make it a success.
Mr. Warshaw: I will. Thank you.
Chairman Plummer: Anything else on Item 23? 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. 99-388
A RESOLUTION OF THE NIIANII CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE CITY MANAGER'S
RECOMMENDATION TO. ACCEPT THE PROPOSAL
RECEIVED FROM JAMIE S. ANGULO AND CESAR R. SOTO .. -
AS BEING THE MOST QUALIFIED TO PROVIDE
PROFESSIONAL MANAGEMENT SERVICES FOR THE CITY -
OWNED TOWER THEATER; AUTHORIZING THE • CITY
MANAGER TO NEGOTIATE . WITH JAIIVIE S. ANGULO AND,
CESAR R. SOTO; AND DIRECTING THE CITY MANAGER TO
PRESENT THE NEGOTIATED AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY
COMMISSION FOR RATIFICATION AND APPROVAL.
(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:
k AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez -
Commissioner Arthur E. Teele, Jr. J
Chairman J.L. Plummer, Jr.
83 June 8, 1999
34. DENY REQUEST FOR $50,000, AS SETTLEMENT WITH FRATERNAL ORDER OF
POLICE (FOP) AND ALFREDO VEGA — ALLOW FOP TO REPUDIATE SETTLEMENT.
Chairman Plummer: Item 24. Mr. City Attorney, the lawsuit involving the FOP (Fraternal Order of Police).
Mr. Alejandro Vilarello (City Attorney): Commissioner, this is a request for authorization to settle the
lawsuit of .Fraternal Order of Police and Alfredo Vega in the amount of fifty thousand dollars ($50,000).
This lawsuit was filed against the City by police officers who alleged that the oral portion of a 1993/94
Police Sergeant's promotional exam was flawed, and that sound measuring, scoring techniques and
procedures were not used. The City believes that this — that the FOP agreed, in open court, to a settlement
in this matter. However, since then, the FOP has, in fact, taken the position that there is not an agreement to
settle this case. My commitment to the court was that I would bring this forward to the City Commission
for a vote on this settlement. However, at this point, the FOP.takes the position that they have not reached a
settlement with us.
Chairman Plummer: The floor is open to the Commission to discussion or question.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele. - -
Commissioner Teele: I would very much like to get the FOP to come and get on record...
Chairman Plummer: FOP?
Commissioner Teele: ... in a simple statement as to what your advice to this Commission would be
Mr. Tony Rodriguez: Tony Rodriguez, President, Miami FOP. Thank you; Commissioner. rll be very
brief.. A couple of comments: I would first like to say something — make something very, very clear. We
are not asking you today to either vote for approval or denial of this. item. What I would like to do is to
make the FOP's legal position very clear. It is the FOP's legal position that there is no , settlement at this
point between the FOP and the City of Miami in regards to this matter. Very simple. And I say that with
that simplicity for the sake of not getting into some legal issues'. Your attorney has even advised us,.as my
attorney, that we may be in some legal ground here, some uncharted waters. But, clearly, it is our position
that there is, at this point, no settlement between the FOP and the City on this matter.
Chairman Plummer: All right. Further discussion by the.Commission or - no. First by the Commission.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Discussion or questions. Mr. Teele
Commissioner Teele: I'll be happy to yield, Commissioner Sanchez, but let me just understand this. The
City Attorney is taking the position that we have a settlement and you want us to move forward with
approving the settlement?
Mr.. Vilarello: My commitment to the court was that the offer that was on the table was subject to
Commission and Oversight Board approval and, therefore, I feel obligated to bring it to the City
84 June 8, 1999
Commission, even though the FOP has now taken the position that they are not bound by that settlement
offer that they made in open court.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Teele, are you finished?
Commissioner Teele: Mr. Chairman, I am very mindful of the debate and the discussion that has gone on in
this City for well ok over five to 10 years about the fullness and the adequacy and the completeness of
representation by the FOP and all of its members..I think the FOP, in stepping back right now, is sending a
very clear message to its members that it wants to fully represent all of its members, and I think there are
some things that are not being said that, perhaps, don't need to be said, but I, for one, will be on record as
supporting a full and comprehensive settlement by the FOP and not by the Commission, in the
representation of your members, and I think you can't put a dollar value on what good harmony and good
relationships between police officers are/is, whichever is grammatically correct. I can only say this. This
issue raises a number of gender, as well as ethnic and racial issues. This community cannot afford to allow
those issues to continue to simmer. We need police that are going to back each other up, without regard to
who's making the call and who are we backing up, and these things have a way of getting into that. And I
would only ask that, if the Commission does defer this, which is what I would ask that we do, and defer it
until the FOP can make a full settlement or a full settlement with all of its members, that the FOP come back
to us when you're ready. Now, I don't know if you can do that. I mean — but I know this, ( don't think the
Commission should be in the position of trying to settle it, individual groups of issues, and I know there are
a number of people that are here that would like to be heard if were going to talk about settling. So, I yield
to my colleagues to see where you are.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I believe that the members voted against it. I think they're entitled
to take it to court. It is within their legal means to withdraw their settlement and go to court. I think what
they want to do here, they -want to withdraw from here and ask that we support them on taking this case to
court. I think that's my understanding of this matter.
Chairman Plummer: Any further discussion by the Commission, questions?
Vice Chairman Gort: Well, part of my agenda...
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Part of.my agenda today, Preceived a letter from several officers, that they were
concerned about the settlement. They requested that the — they would like to have...
Chairman Plummer: Pll give them the opportunity. I just want the Commission to have the first shot.
Vice Chairman Gort: No. I understand that. I don't think there's no need to speak. I think what Pm hearing
from my fellow Commissioners is, send it back and don't take an action today.
Commissioner Teele: Mr. Chairman, Pm not sure Commissioner Gort — that's what I think we should do,
but until there's a motion on the floor, I don't — you know, rm not sure what hearing from the public is going
— Commissioner...
85 June 8, 1999
V
Chairman Plummer:. All right. Then, let's put it on the floor. Is there a motion? I'm calling collect. is there
4.motion?
Commissioner Sanchez: I think the —
Commissioner Teele: Mr. Chairman?
Commissioner Sanchez: Wait.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would move that the Commission defer the -matter, indefinitely, and further instruct
the City Attorney to give -rise to the FOP to go back into court and repudiate any statements that they may
have made regarding the settlement.
Chairman. Plummer: Is there a second?
Vice Chairman Gort: I'll second it.
Chairman Plummer: There is a second.
Commissioner Teele: Is that — rd like to know from the FOP, is that satisfactory or does that...
Chairman Plummer: Mr. City Attorney — well, hold on.
Mr. Vilarello: Mr. Chairman?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Commissioner Teele, perhaps, the — my suggestion would be that the motion would be to
deny the request for authority and, then, give me that same direction that you gave me; so that it would be a
denial and a direction to the City Attorney to allow the FOP to repudiate their settlement. So, I suggest that
the first part of that be...
Chairman Plummer: All right. What do you two lawyers come out with? Tony, I think Commissioner Teele
would like to have your thoughts on the motion.
Mr. Rodriguez: Thank you, Commissioner. Again — and rm — in conversations that I have had with your
attorney and my attorney, I cannot be put in a position to ask you to vote this down at this — and then to vote
for or against this. I understand what the City Attorney is asking you to do, and he is asking you to do —
instead of deferring it, he's asking you to do what he's asking you to do because it might be, for him, the
more proper thing to do. And let me just say this. I understand his intentions and I believe them to be
honorable, so — but I can't — and I've been advised by our attorney, as well as your attorney, I can't tell you
here today to vote for or against this.
Chairman Plummer: Thank you, sir.
Mr. Rodriguez: I can only tell you what our legal position is, which I've made very clear. '
Chairman Plummer: All right. Mr. Manager, do you wish to comment on this matter? Chicken. Next?
86 June 8, 1999
Commissioner Sanchez: Your motion is still on the floor. I can make a motion.
Chairman Plummer: OK. I'll now open it up to the public.
Commissioner Teele: Is the motion, then — the motion — Mr. Attorney, you feel that a motion to deny
accomplishes the same thing that I was proposing, by not taking a formal action?
Mr. Vilarello: Yes, sir. And that's what I would prefer. In that way, I can go back to the court and tell them
that this settlement has not been reached. It still leaves every avenue open for further court proceedings
and/or further settlement discussions.
Commissioner Teele: And you will stand mute in court, as the FOP attempts to — can we instruct you not to
frustrate the FOP's effort to repudiate what they may have said in open court?
Mr. Vilarello: Well, the condition of the settlement — the condition that was — that I had on that settlement
was that this Commission approved it, together with the Oversight Board. Once this -Commission denies
that settlement, there is no settlement because I could not meet any — that particular condition. So, we're
back to square one, essentially.
Commissioner Teele: Then, I will adopt that motion. But the only concern that I have is that there needs to
be some...
Mr. Vilarello: I can't go forward to enforce the settlement if...
Commissioner Teele: I understand what you're saying. But the Commission needs to send some very strong
message to the FOP to bring us back a settlement with — to the City Attorney, that we can all agree on.
Because — I mean, it's important that we not have this thing in a limbo for the next year. I would adopt the
motion.
Chairman Plummer: All right. We'll now hear from the public for two minutes. Mr. City Attorney.
Mr. Vilarello: Commissioner, we have received correspondence from several attorneys in this matter
related — that aren't of record. My suggestion to you is that you not hear from any of those attorneys who
are not of record. Of course, you're entitled to hear from the public and you control this meeting. However,
their appropriate place to intervene is in the court,. not before this body. -
Chairman Plummer: OK. Any attorneys that are not of record, go home.. Is that what I'm supposed to tell
them? All right. Two minutes —oh, no. Boom -Boom. .
Mr. Manuel Gonzalez-Goenaga: Well, this is an issue that I have to be extremely sincere with you, as I have
always been. I do not understand it, at all. I remember the previous City Commission, that there was some
settlement with somebody. I don't know if it was with the benevolent people or the fraternal people.
Anyway, no matter who they are, we, the citizens, pay their salaries, and f am entitled to a brief, clear
explanation, in simple words, what's the issue? I understand what a settlement is, but there is some
connection with the previous one. I think that we, the citizens, have a right to know. And I wonder if all of
you Commissioners do know what's going on. I understand Mr. Teele knows because he's one of the
sharpest fellows in town.
Chairman Plummer: I think we all pretty...
87 June 8, 1999
Mr. Gonzalez-Goenaga: And I don't know -about you, Mr. — well, after 28 years, you should know better.
Chairman Plummer: Sit down. Sit down.
Mr. Goenaga: OK. May I have a...
Chairman Plummer: I think all of us know, by virtue of the fact that we're trying to instigate a lawsuit
against the person who made the mistake, to try to recover our money. OK. Anybody else in the public
wishing to speak? All right. I'll close the hearing and ask — the motion is on the floor and is there any
further discussion from the Commission on the motion that is before us?
Commissioner Teele: Mr. Chairman?..
Chairman Plummer: Mr. Teele.
Commissioner Teele:' I want to be very cleat to the public. Is there anybody here that wants to be heard on
this?
Chairman Plummer: I asked twice.
Commissioner Teele: Because there were a number of people who called to say — and rm not asking
anybody to come forward, but I don't want somebody to. say, well, you all moved the thing and I didn't get a
chance.
Chairman Plummer: Well, I've asked twice, Mr. Teele. If you wish to speak, I gave you — unless you're not
an attorney of record, I am advised, you're welcome to speak and, if you wish to do so, proceed by giving us
your name and mailing address.
Mr. Raymond Carvil: Good afternoon. My name is Raymond Carvil. I reside at 19141 Northwest 5th
Court. And I'm hear to say that — several statements — that we are in complete agreement with'the body as
being police officers. We stand together, from day one, from the very first day that we took an oath to
uphold the law. And, as a police officer, we risk our lives every single day to serve our community because
-we love our community. If we did not love the community, we would not be here today. We are brothers
and sisters in law enforcement. We are not individuals separated. Once we put the uniform on, you are
representing the City of Miami Police Department. I have been employed by the City of Miami since
September the 19, 1986. I have been a Public Service Aide for the City, prior to becoming a policeman. I
have been a Police Explorer for the City of Miami. I grew up in the City. I love the City and I want to see
each and every one of us to remain unity, not'separated. We need to continue to build up, support our City
Manager, support each one of you up here as a body. We need to continue to -that. We cannot divide our
community any further.-. And the suggestion that's been brought forth, my recommendation — I'm only an
individual - is- that, please, allow ' us, police officers, to be known as police officers once :we put that
uniform on, not as individuals, not as race, but as an individual said, "There goes a police officer that
represent the City of Miami." And we need to continue that, but we cannot if we are divided. - So, I plead
with you, grant us the opportunity to plea our case in court. For that, I thank you for the opportunity.
Chairman Plummer: Just for the record, are you a party to the suit? '
Mr. Carvil: rm one of the affected officers, sir.
88, June 8, 1999 .
Chairman Plummer: Just for the record.
Mr. Carvil: Yes, sir. Thank you, sir.
Chairman Plummer: For the third and final last time, is there anyone else who wishes to speak? No, you've
had your chance.
Mr. Gonzalez-Goenaga: Fifty seconds here, according to the...
Chairman Plummer: What?
Mr. Gonzalez-Goenaga: Fifty seconds, I still have remaining.
Chairman Plummer: All right. Get it out of your system.
Mr. Gonzalez-Goenaga: OK. I thought that I was going to get an explanation. And I wonder, people who
are here, if you are not a benevolent or fraternal, do you understand what's going on on this particular issue?
I don't.
Commissioner Teele: Mr. Goenaga, if you would take a seat. I think that's a fair request. Mr. Attorney,
through the Chair, I'm requesting... -
Chairman Plummer: Mr. Attorney, explain to Boom -Boom what...
Commissioner Teele: And the public.
Chairman Plummer: ... and the public what this matter is, the bottom line, about.
Mr. Vilarello: There was a 1993/94 Sergeant's Promotional Exam that was allegedly flawed. It was
allegedly flawed at the oral portion of the exam, that provided for an assessment center and appropriate
training for those individuals who conducted the assessment. I can — I'd be happy to provide him details of
similar litigation that this City Commission settled several weeks ago. I'd be happy to provide that. That's
no longer confidential information. I'd be happy to provide my card and give him an opportunity to review
that. But, essentially, it's a flawed Sergeant's Promotional Exam and the individuals claim that they would
have been promoted had the exam been properly administered.
Chairman Plummer: But, more importantly — you correct me if I'm wrong — the flaw or the mistake was not
made by the City. It was made by the company — the professional company...
Mr. Vilarello: It was allegedly made.... :1
Chairman Plummer: ... who we hired. .
Mr. Vilarello: It was allegedly made — the allegation is...
Chairman Plummer: Allegedly.
Mr. Vilarello: ... that an expert that we retained...
Chairman Plummer: You lawyers are all alike.
89
June 8, 1999
Mr. Vilarello: ... made a mistake.
Commissioner Teele: Well, I'll tell you one thing. J.L., you can delegate authority but you cannot delegate
responsibility.
Chairman Plummer: Mr. Teele, I understand that. But the point I'm trying to make is that the flaw was in
the company that gave the test or the exam, not by the City.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: To explain the two different settlements that we've had, my understanding — and you
correct me if Pm wrong — there was a suit that was filed fast by a group of officers. I think it was 10 or 15
officers.
Mr. Vilarello: Twenty-two.
Vice Chairman Gort: And then, after. they went to court and settlement was taking place, then the FOP
jumped in also. That was my understanding. That's why the two were separate. Because one -of the — some
of the officers have — already have talked to you before and that have taken place, and I forget the case
name.
Mr. Vilarello: Manning.
Vice Chairman Gort: The Manning case. So, that's why there's two different cases .
r
Chairman Plummer: Mr. Cruz, who can't be outdone by Mr. Boom -Boom.
Mr. Mariano Cruz: I wasn't going to say anything, but since he said something — left me confuse.
Chairman Plummer: I'm sure.
Mr. Cruz: I want to see — Mariano Cruz, 1227 Northwest 26th Street, Allapattah, City of Miami. I'd like to
ask a question. Since my daughter will be maybe part of the City Police Department next week, I want to
_ make sure where she's going to is a nice place because she happen to be a Cuban female. So, I want to
know what's really — because either you go into part and you read a lot of things here, but you don't know
exactly what's going on. And, you know, the funny part is that we pay. We pay the taxes. You think, by
living in the City — because I can live in Pembroke Pines. I can live any place I -want to or I live in the City
of Miami and pay the taxes for the City of Miami. But look at here. The City, you go back a few years, you
see how the cases — it's costing us money. Not only that, like Manny Figueroa. All different cases and all
this — what is about this...
Chairman Plummer: Can we speak to the issue? The issue is...
Mr. Cruz: Right. No, no. But what is about this, the promotion — there are people already that they had
quit...
Chairman Plummer: Do you have a question?
90 June 8, 1999
Mr. Cruz: ...the force because they can't — and there were people tell me, people that, instead of staying and
solve the problem inside — because that's the way he said it. And he said it — the officer that talked said it
right. They are all officers. I am — like I am a letter carrier. We are all letter carriers there, regardless of
what we are, Cuban, Chinese or whatever we are. We are all taxpayers. Don't hyphenate me either, like a
Cuban -American or whatever. Or don't hyphenate policemen, black policemen or black whatever. No. All
are police officers, so treat them professionally, the way it should be. Thank you.
Chairman Plummer: Thank you, sir. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I believe the bottom line here is that we must respect the will of the
members of the FOP. They voted it down. They don't want this resolution. So, call the question.
Chairman Plummer: I'm trying to give everybody. the right to speak. And for the final and last time, is there
anyone else who wishes to be heard? This is a resolution. All in favor say "aye."
Commissioner Sanchez: No, no, no, no, no.
Chairman Plummer: Opposition? =
Commissioner Sanchez: No, wait, wait.
Chairman Plummer: Pm Sony?
Commissioner Sanchez: It was adopted — a motion to deny the resolution.
Chairman Plummer: That's is correct, sir.
Commissioner Sanchez: OK.
Chairman Plummer: The motion on the floor is for denial. All in favor of the motion to deny say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous:
91 June 8, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-389
A MOTION TO DENY REQUEST FOR AUTHORIZATION TO THE
DIRECTOR OF FINANCE TO PAY THE FRATERNAL ORDER OF
POLICE AND ALFREDO VEGA, WITHOUT ADMISSION .OF
LIABILITY THE SUM OF FIFTY THOUSAND DOLLARS ($50,000)
IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS OF DEMAND AGAINST. THE CITY OF NIIAMI, IN ' THE
ELEVENTH JUDICIAL CIRCUIT COURT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA (CASE NUMBER 98-776-CA
(27); FURTHER DIRECTING THE CITY .ATTORNEY TO ALLOW
THE FRATERNAL ORDER OF POLICE � TO REPUDIATE SAID
SETTLEMENT.
Upon being seconded by Vice Chairman Wifredo 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.
32. (A) CHARTER REVIEW AND REFORM COMMITTEE; EXTEND DEADLINE TO JULY 23, 1999,
THE EXISTENCE OF SAID.COMMITTEE AND ALL PERTINENT TIME LINES RELATED TO
REQUIRED MEETINGS AND ISSUANCE OF REPORTS.
(B) DISCUSS IMPORTANCE OF ISSUES TO BE CONSIDERED BY COMMITTEE.
Chairman Plummer: We're now on Item 25. Item 25 is a resolution to extend the period of the Charter
Review Committee to August the 6th, 1999.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I would like to move this resolution with an amendment.
Chairman Plummer: -Well, wait a minute. First of all, let's get a second. Is there a second? Seconded by
who?
Vice Chairman Gort: First...
92 June 8, 1999
Chairman Plummer: Well, wait a minute. Excuse me. I have a motion on the floor without a second. is
there a second?
Vice Chairman Gort: For discussion purposes, I'll second it.
Chairman Plummer: I now have a second. Mr. Gort.
Vice Chairman Gort: The reason this is in front of you, if you all recall, when I was asked — to resolution to
this Commission, I was given the task to do the Charter Review and come up with the changes we need to
do to improve our Charter. There are a couple of things that had come out. Unfortunate, at the beginning,
many of the board members appointed would not show up, so we had a lot of problems. If you all recall,
from the beginning, from the first time, I sent a memo to all the Commissioners, to the staff, to the
administration, and to all the directors, any suggestions that anyone has or any other changes or any other
amendments you would like to make, please, send it to me so we can work on it. One of the problems is, we
have not had enough time to come up with the right studies and be serious to make sure that the decision
that we make is the right decision and number two — and I think it was Commissioner Teele who made the
request, that we have the districting, and in his resolution he requested that we have three districts. What I
have from the previous studies that we had done before, when we did the redistricting for the City of Miami,
I only have two alternatives. So, if we want a third alternative, which is part of the resolution today, I will
have to go through the whole process again of bringing the expert and so on to analyze and look at the
composition and the population and the shift and to create the other alternative. In other words, to create
seven — three alternatives for seven — for seven -member districts.. Those are the reasons why I'm asking for
this.
Chairman Plummer: Mr. Regalado, the maker of the motion wish to make an amendment, you said?
Commissioner Regalado: Yes, sir.
Chairman Plummer: And...
Commissioner Regalado: The amendment will be that we would, if we approve this, extend for a period of
10 days, beginning today and ending on June 18th, so they could bring their final product for the meeting of
June 22nd. The reason being, is that we have — I have received and you all have received several time lines
from the City Clerk and if we want to give the voters the opportunity in November to discuss and decide
about any and all Charter Reviews, then we need to do this before July the 5th, which, I think, Mr. City
Clerk, is the time line, if I remember well? We also have some information from — in terms of the
,. economics of this process, and I have read — I'm sure that you all have read too — that November will cost
the City only forty-five thousand dollars ($45,000) if we wanted to do a Citywide Charter Review
Referendum, because we need only to add two districts to the general regular election. Is that time line
correct, Mr. City Clerk?
Mr. Walter Foeman (City Clerk): As it relates to your first issue, forty-seven thousand, we've built in an
extra five percent.
Commissioner Regalado: Right.
Mr. Foeman: Would be roughly about forty-nine plus for an additional issue on the nonpartisan primary,
November 2nd.
Commissioner Regalado: Right. And the time line will — still will be on July the 5th.
93 June 8, 1999
Chairman Plummer: OK. We have the amendment for 10 days.
Vice Chairman Gort: OK.
Chairman Plummer: Now, do you want to vote on that first, then hear from the public, or do you want to
hear from the public and then vote on it? How do you wish to handle it?
Commissioner Teele: We vote on the amendment.
Chairman'Plummer: All right. Let's hear from the public and then we'll go into — the same two.
Mr..Manuel Gonzalez-Goenaga: Well:..
Chairman Plummer: The Bopsy twins.
Mr. Gonzalez-Goenaga: Well, but me tell you. Can you imagine if we do not even come here? You have a
ball here every time. _ >.
Chairman Plummer: God, would it be a delight!
Mr. Gonzalez-Goenaga: Anyway, let-= I am going to present a philosophical thinking hear and this is a
public hearing and make sure you don't call England because in the City of Miami, the Guinness Book of
World Records, if they find out how many elections we have had in the last three or four years, we break all
kinds of records on the Guinness Book of Records. And let me tell you, there have been plenty of meetings
and people are not interested, except in the Hispanic radio station because 1, for one, attended most of the
meetings. I — except probably one — and I was the only speaker. So, I do not know why so'much fuss about
changing a procedure right now, with all due respect to Mr. Regalado.
Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: Well, I haven't finished yet. Forty-four seconds. You know what, that I say the
end. The end is simple. Let's remain the way we are or the way — not to the way we were but to the way we
are right now for the time being. And besides that — and I don't want to get any personal with anybody — in
the Hispanic radio station, I have heard only in the Hispanic radio station, that the existing Mayor is kind of
a dictator. Do they really want a dictator with -more power? And let's be sensible. Thank you very much.
Chairman Plummer: 'I'm not going to say you're welcome.
Mr. Mariano Cruz: Mariano Cruz. 1
Chairman Plummer: Oh -oh, here comes the other Bopsy twin
Mr. Mariano Cruz: Twelve twenty-seven Northwest 26th Street. What we like to see, more of the people of
the public coming here, like at a budget hearings and that place they — later they go to Versalles and other
place and they start complaining. Well, they don't solve anything because I am proactive. I don't react after
they step on my toes.: No, I don't. I say, "Be careful with my toes: Don't step on them." Because I was in
the revolution many years ago. Now don't need to — and just come here. This is a revolution. Every day we
make changes. Whether the people are here or not, we make — you make changes here. You. Tallahassee,
you make decision that affect our pocket everyday, so I have to be here. Whether you like it or not, doesn't
94 June 8, 1999
make any difference. I have the right by the Bill of Rights. And I am a member of ACLU (American Civil
Liberties Union) too. How many Cubans do you know that are members of the ACLU? And I am one, paid
member of that. Cal (phonetic) can remember. Like the Friday saint (phonetic) because I believe in that. 1
am here — and the thing of the — go in specific to the Charter. Let's put it to election or like Mr.
Gonzalez-Goenaga said, what we need another election? We got plenty election and people have the right
to vote. They don't vote. But look at the other day in South Africa, how many people were waiting in line
there under the hot sun to go and vote? And here people have everything and they don't come and vote.
What that picture tell us a big story, right? People don't participate. And you're telling me not to participate
now. You are wrong.
Chairman Plummer: Never told you that. Mr. Ricker, you have a hard act to follow.
Mr. Daniel Ricker: Well, I think they speak for themselves but some of its very true.
Chairman Plummer: For the record, your name.
Mr. Ricker: Yeah, Daniel Ricker. By the way, its Ricker. Forty-three oh two, Ingraham Highway. And
I'm citing a May 13th report to Chairman Willie Gort, members of the Charter Review and Reform
Committee, from Mikki Canton. And on page 2 they're recommendations were "based on the above, this
Committee's recommendation, the current form of government of the City of Miami, should be maintained
for the following reasons: It is too early in the life of the current form of government to assess it's
effectiveness. The provision under review were approved by the Miami city Commission. Most
Commissioners who voted for it are still on the Commission and voted upon it and was voted upon by an
inform electorate in 1997. This matter is not right for consideration at this time." The other point is number
3, where it says, "good public policy frowns on acts such as tinkering with the Charter because of one
particular incident. The incident must not be one of the compelling and determining factors for undertaking
such a drastic measure as revision of the Charter." Commissioners, Mr. Mayor, the Charter is like the soul
of the City, and I think what everyone who was there — and I actually was there with Boom -Boom in most
of the meetings — is, we're looking for a thoughtful, mature consideration of what we're doing and, perhaps,
allowing the present form of government to mature to see if, in fact, it is acceptable or if it is not acceptable
but it is definitely a little young. Thank you very much.
Chairman Plummer: Thank you, sir. Anyone else of the public wishing to speak? Any member of the
Charter Review — and there are some here — wish to say anything? Any other Commissioner wishing to say
anything? Tucker Gibbs. Excuse me. I'm not trying to encourage people to talk. I just don't want anybody
to say they didn't have the opportunity.
Mr. W. Tucker Gibbs: No, no. There are several members of the committee here, I think, who are going to
want to speak.
Chairman Plummer: OK, fine.
Mr. Gibbs: My name is Tucker Gibbs. I live at 3835 Utopia Court in Coconut Grove. And I have a letter
that I sent to Commissioner GoM who's Chairman of the committee, that expresses some of the concerns I
have. I'm not going to bore you all with it, but I will tell you that I had approximately 10 points relating to
the Strong Mayor proposal alone, that I had concern with as a new member of the committee. I think that
Mikki Canton wrote a letter. I think she may read it into the record. I know that Mr. Ricker spoke about it.
The issue here is, let's be deliberative. You all are a deliberative body. This is the constitution of the City
of Miami you're messing with. Commissioner Plummer spoke at our last meeting about the issues relating
to bonds in the City of Miami and what that's going to do to bond ratings in the City of Miami. These
95 June 8, 1999
people at Moody's and Standard and Pores are looking at the City of Miami for a ability. The Oversight
Board is looking to the City of Miami for its stability. Is this really the time, two years after you all have
changed, after the people of the City of Miami changed their form of government, to go and change it again?
What we've asked in the Charter Review Committee is to take a step back and let's look at this as a
deliberative body, and if we're going to make this change, the Strong Mayor or any other change, let's be
doggone sure that this change is the appropriate one. To do it on a deadline — and I know Vicky
Garcia -Toledo has written a letter that expresses certain concerns she has from the other perspective. We
can't rush this. The more .we rush this, the more it has the opportunity to hurt this City, and I don't think
that's the goal of the City Commission and nor is it the goal of the Charter Review Committee. Thank you.
Chairman Plummer: Thank you. Mr. Cox. -
Mr. Cox: Charlie Cox, Local 1907, 4011 West Flagler. I'm not here on the issue of the Strong Mayor. I am
here on other issues that are the proposed changes on the Charter, and we spoke at them at the last meeting.
We probably got a late start, which is our fault for not following it all the way. But I was there, Gabe was
there, and we do have some deep concerns that, within 10 days, if they try and push this through, then we're
going to have to bring our concerns to all of you before it gets here because we don't believe that the process
can be done within the 10 days and not have to block the whole process by coming here before this
Commission on the other issues of the Charter changes, that we don't believe are fair to the City of Miami
employees.
Chairman Plummer: Thank you, sir..
Mr. Cox: Thank you.
Chairman Plummer: Ms. Canton, did I see you get up for a reason?
Ms. Mikki Canton: Yes, sir. • Mikki Canton. Today I speak before you on this issue as a public servant
citizen, a member of the Committee. And this is what I would like to do., I would like to introduce and read
into the record the letter that I submitted to my committee, which Commissioner Gort chairs, and I would
ask permission to do that.
Chairman Plummer: So be it.
Ms. Canton: OK. This letter is dated May 13, 1999. It is to "Dear Chairman Gort and Fellow Members.
The aforementioned subcommittee, created on May 7, 1999, held its first meeting and public hearing on
May 12, 1999. Joining me were members of our Charter Review and Reform Committee, Victor de Yurre,
Tucker Gibbs, Herschel L. Haynes, and members of our community, including the Honorable Athalie
Range, invited Charter Review expert, David Cardwell, Esquire, and representatives from the City
Attorney's Office, and the Mayor's Office. This meeting was organized and -conducted as follows: 1.
There was a presentation by Assistant City Attorney, Joel Maxwell, on the'history of the adoption of the
duties of the Mayor and City Manager, as well as a discussion on the exercise of such powers and duties. 2.
A presentation by Marva Wiley, Esquire, Special Assistant to the City Manager, on the Executive Mayor or
similar forms of government at the state and national levels, followed by a presentation by David Cardwell,
Esquire on Charter Review and discussion on forms, substance and matters related to the Charter language
defining the powers and duties of the Mayor and the attendees on the City's present form of government,
recommendations for changes in the present Charter; most of which centered on opposition ' to rushing
through any review and change to the Charter in light of the absence of any exigent circumstances. Based
on the above, this Committee's recommendation is that the current form of government of the City of Miami
should be maintained for the following reasons:1. It is too early in the life of the current government to
96 June 8, 1999
6..
assess its effectiveness. The provisions under review were approved by the Miami City Commission. Most
..Commissioners who voted for it are still on the Commission and voted upon by an informed electorate in
1997. This matter is not ripe for consideration at this time. 2. The existing fundamental structure must be
upon the passage of reasonable amount of time to function. Only upon the reasonable time and a review of
a detailed, well -structured analysis, should any form of charter review by undertaken by a well-educated and
informed Commission and electorate. 3. Good public policy frowns on acts such as tinkering with the
Charter because of one particular incident. Brought up consistently in the discussion of the subcommittee
was the termination of the former City Manager, Jose Garcia-Perdosa, and the ensuing actions by the
Commission and Mayor. This one incident must not be one of the compelling and determining factors for
undertaking such a drastic measure as the revision of the Charter. In addition, it is recommended that a
formant be established and adopted whereby this subcommittee, or any committee created by the
Commission, is charged with the responsibility of setting up a plan of action to create a structure to analyze
how the present form of government continues to progress or fails to progress. This committee would
monitor, on an ongoing basis with outside objective and professional assistance, how the current form of
government is working and would address any Charter changes with need to be made. The review period
could begin immediately and be completed in a timely manner to comply with the appropriate deadlines to
place any necessaryrevision on the November 2000 ballot. -These recommendations are respectfully
submitted to you and my fellow committee members in a spirit of mutual cooperation and with the strong
message that, for the sake of good government, any revision of the City of Miami Charter must be
conducted in a deliberate, timely, and well -though -out manner." It is signed Mikki Canton. Thank you.
Chairman Plummer: rm assuming, if we're going to stick to the agenda, we're speaking to an additional
deferment and I would understand that your letter is giving the reasons why it should be granted.
Commissioner Teele: Mr. Chairman, I...
Chairman Plummer: Mr. Teele.
Commissioner Teele: That's — I guess reasonable people can defer, but that testimony was why we should
basically abandon the — if you take that testimony literally, we should abandon the committee and move on.
I mean, what I thought we were on is whether or not to extend for 10 days or to extend for 90 days.
Chairman Plummer: That's the point I was trying to make, sir.
Commissioner Teele: That's what rm trying to understand.
Chairman Plummer: Well, it's 10 or 90, one of the two or more. I guess it's to extend, regardless of how
long. Ms. Leiva-Toledo.
Ms. Vicky Garcia -Toledo: Vicky Garcia -Toledo. And I'm appearing here today
Chairman Plummer: And I would hope, knowing that you are one of the members of the committee that you
would speak to or for the extension.
Ms. Garcia -Toledo: Yes, sir. rm appearing here today as a resident and a voter of the City of Miami and
doing my civic duty. I have a letter that rm introducing and making part of the record. I serve on the
Charter Reform Committee and my area of responsibility is Disposition of City Properties. This is a
procedure that has created some severe problems for the City and we feel that, to fully evaluate it, we need a
period of at least 90 days so that we can have workshops, where we first teach and educate ourselves, as
well as the community, on what the problems — current problems are. So that together, we can find
97 June 8, 1999
solutions:- That education process and, as well as the solutions to be found, need time and then all that
Wformation would have to be gathered and placed, in legal form and correctness so that our City Attorneys'
Office can do the appropriate process of preparing any kinds of questions that would go to the voters in
referendum. Clearly, to do that kind of process needs the time that we are requesting in this extension and 1
would hope that you would support us granting that extension.. Thank you.
Chairman Plummer: Thank you.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado. Commissioners first.
Commissioner Regalado: One — there's a building in Southwest 24th Street that is creating a lot of problems
for the community. It's a Section 8 building. Next to it there are two lots that belong to the City of Miami.
About — I think a month or two months ago, someone tried to buy the lots and they were trying to build
something and buy that building to create a better -environment for that area. They only had one bid, so the
City could not sell the building, although, they presented a proposal that it was marketplace. Last
November, in,the January election, it was presented an issue to the voters that, unfortunately, was defeated
because I tried to place it and get the support of the Commission but it wasn't publicized as it should have
and it was exactly to deal with what Vicky said now. It was a perfect Charter Review. The City Attorney
worked very hard on it and the voters almost approved it. It was 49 to 51. Unfortunately, it -was defeated.
Had we approved that, that lot would have been sold already and construction would have been underway.
Had we approved that, the old Centro Hispano in Northwest 27th Avenue and 1st Street would not be so
dilapidated and abandoned as it is and other City property. I think that the County now is soul searching
with a one percent tax for the residents of Miami -Dade County and I've heard most of the Commissioners to
come out and say that they do not support the tax. However, they all support the fact that they wanted to put
it on the ballot so the people can decide. All we're asking here is for the people to decide. I -don't know why
Tucker says that this Commission is messing with the City Charter. We're not messing with the City
Charter. We appointed a Commission or a committee that had been working since, I think, December, is it,
Willie?
Vice Chairman Gort: December 8th.
Commissioner Regalado: December 8th. And —I mean, Commissioner Gort had less than three or four
months to do the districting of the City of Miami and it came out perfect. Whether or not we wanted to
change this in the future, it remains to be seen. That would depend on the voters, if they want to. But what
rm saying here is that, because of one issue that people wants to show the fact that this is a political thing,
we are denying the voters of the City of Miami the possibility of doing good things for the City in terms of
properties, in terms of what to do if the Managers is fired. You, members of the committee, have done -an
extraordinary work and you're asking more time. But, at the same time, you're telling us that nothing should
be changed. Why you want to meet for 90 days? I mean, it doesn't make sense. I heard that you also want -
- according to "The Miami Herald" editorial, that you need money or a budget to — resources to continue
with this investigation. I don't know. Why we don't cancel this committee forever and that's it.
Commissioner Teele: Commissioner, would you yield?
Commissioner Regalado: Sure.
Commissioner Teele: The issue before is whether to extend for 10 days or not. Is that the amendment?
98 June 8, 1999
Commissioner Regalado: Yes, that is the amendment. .
AJ
Commissioner Sanchez: That's correct.
Chairman Plummer: That is the amendment.
Commissioner Teele: That's the sole issue we're going to vote on?
Commissioner Regalado: OK.
Commissioner Teele: I agree — because, see — but I want to discuss those things when we've got the
underlying resolution before us. If the 10 days passes or if the 10-day fails, I mean, my position on the
underlying resolution may be totally different. And this is the point.
Chairman Plummer: All right. Let's call the question. We'll call the question on the amendment.
Commissioner Sanchez: On the amendment? - - -
Chairman Plummer: Yeah, on the amendment.
Commissioner Teele: The question on the amendment and the...
Chairman Plummer: Only.
Commissioner Sanchez: J.L., this is a very sensitive issue.
Chairman Plummer: Mr. Sanchez, I'll never cut a colleague off. You have the right to speak, sir. Speak.
Commissioner Sanchez: You know, this is a nightmare that's going to go on and on and this is not good for
the City. It basically — you know, I agree that the people that are on this Committee are exceptional people.
I think that the City Charter needs some changes. A lot of people do. But let's not blow this out of
proportion: The situation is basically like a bad dream that keeps coming forward and forward and forward.
They've had already 210 days to come up with recommendations. These recommendations — one single
individual on that committee or the board itself cannot make the final recommendation. We make that final
recommendation. Whatever that recommendation may be. We continue to postpone this for 90 days, 120
more days. All it is, we continue to have more negative articles in the newspaper. The radio talk shows
continue to talk about this coup attempt and all this lynching squad to get rid of the Mayor, which I don't
agree with, and rm not going to be a part of. But, you know, let's just go ahead and have them come with a
presentation. We're going to make the final decision on it and get over this.
Chairman Plummer: OK. Now, I'll make one very simple point as to the amendment. This request came
from our colleague. This request came from our colleague, who is Chairman of that committee. I think, in
all fairness, when we asked him to go and do a job and he comes back to this Commission indicating that he
needs more time, I think we need to honor that. Now, let me also go a step further. I attended the last
meeting of the Charter Review Committee and I stood before that microphone right there, and I don't
remember exactly, but I asked 12 questions at least and, you know what? Nobody had answers. Did you
address this? No. Did you consider this? No. Did you investigate this? No. I'm saying to you, the Charter
of this City is our Bible and it is what rules and governs the operation of this City. I want to tell you that, as
far as I'm concerned, if 90 days is not enough, I want sufficient time that these matters can be put to the test
before we put it to the voters, that we know what we're doing and we know what we're offering. As far as
99 June 8, 1999
I'm concerned, not only am I going to vote to give this committee the time they feel they need, but I'm going
to honor the request of my colleague. Mrs. Carpenter, do you wish to speak?
Ms. Elena Carpenter: You actually — Elena Carpenter, 3838 Irvington Avenue. You actually took the
words out of my mouth, Commissioner.
Chairman Plummer: That scares me.
Ms. Carpenter: I was — no, you should be proud. I was on the Blue Ribbon Committee with Commissioner
Gort and he was Chairman of that Commission too. He comes rather experienced into this task and all 1 was
going to say was the same thing. If the man you selected to chair this is telling you "we need more time," I
think it would only be respectful to grant it to him. But, if you so do, -which I'm hoping you will, I would
like to say that, in this next period of this Charter Review Committee, the public has got to be included in a
more active fashion. It seems that these meetings have happened. I hear they have been noticed on Channel
9, which, during the sweeps, does not rate in the top 3. It's a great channel to have but its not — you can't
just post these meetings on Channel 9. Maybe they've been elsewhere but a lot of us, including community
leaders, civic clubs, village council — these processes have gone by without them knowing. Please, include
us in the community because changing our Charter is very, very important. Thank you very much.
Chairman Plummer: The amendment will be voted on first and the amendment is to...
Commissioner Regalado: Mr. Chairman?
Commissioner Regalado: Just a brief question. I read the minutes of the last meeting and I read that
Commissioner Gort mentioned the fact that the committee had had enough time. Is that more or less,
Willie...
Vice Chairman Gort: My understanding is — and I want you to understand this — what were coming back
with is, like I stated, the letter from Mikki Canton, stating that there's no change in the present government, I
have to tell you, the existing system need changes. They need some amendments. Some good questions
came up during this presentation. And if we worry about the elections — and I want the people to take the
vote on it and they're the one that's going to make the final decisions, but I want you to know, for your sakes
is, we have primary elections coming up in — what is it, Walter? In the year 2000?
Commissioner Regalado: In March. In March.
Vice Chairman Gort:- In March of 2000. And If I can push the committee to have this in November
election, I will push it to have November election. My understanding is, with this changes that we have to
bring back, its not only — I think the committee wants to bring back both systems, the Strong Mayor system,
with whatever amendments — and I ve been calling for everyone, in the present- system that we have, any
suggestions, any amendments that you all have, to please send it to the committee. I have not received any,
except for J.L., that made some presentations.
Chairman Plummer: OK.
Vice Chairman Gort: I'd like to have a vote on it. I'd like to have — I had to do away with the City property.
Was also something that they were having problem with them. The Civil Service, there was certain things
that the unions were having problem with them, which I can tell you, we cannot do it in 10 days. Now, my
understanding is — and, Walter, correct me if I'm wrong — the — what you need, this City Commission to
take a decision in order to be in November 9th agenda. Is it 60 days before or 120 days before?
100 June 8, 1999
UrJoeman: The Charter Amendment issue — and the City Attorney can address this — it's no less than 60.
no more than 120 days.
Chairman Plummer: OK.
Commissioner Sanchez: Wait, wait, wait. Willie, it's my understanding, you're not — you couldn't have it
ready in 10 days.
Vice Chairman Gort: No way.
Commissioner Sanchez: You couldn't have it ready in 10 days?
Vice Chairman Gort: Noway.
Chairman Plummer: All right.
Commissioner Regalado: What is the timeline, Mr. City Attorney?
Chairman Plummer: Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): In order to have this on the November 2nd ballot, you would have
to have — the earliest the adoption could be — would be July 5th. The latest, that is, the final resolution —
would have to be. -final — before September 3rd. So, the window of opportunity, July 5th to September 3rd.
If you're going to go for the November 9th ballot, it would be July 12th to September 1 Oth..
Commissioner Regalado: Mr. Chairman, then I would amend my motion for 45 days.
Chairman Plummer: The motion has now been amended to amend the amendment, I think.
Commissioner Regalado: Yes.
Chairman Plummer: OK. My final comment will be very simple. I don't know what is the rush and why.
You're dealing with the heart and soul of the City. If it doesn't go to the ballot until March, no big deal.
Let's vote on the amendment. The amendment is for 45 days' extension rather than the agenda item.
Mayor Carollo: Can I address the...
Chairman Plummer: Well, if you're a good boy, well let you talk. Mr. Mayor.
Mayor Carollo: I appreciate that. I guess I haven't been a good boy since I've been back, for the simple
reason that I don't steal and I won't let those that wanted to keep on stealing keep on stealing. You know, I
am disgusted to sit in a democratic country and to have to put up with this kind of sickening anarchy, and
this is what this is. This is not about good government..This is not about having a better Miami. This is
about just a small group that couldn't get their way in stealing what they hadn't stolen from Miami and they
want a second crack of the apple. Maybe the next election they're planning that for us. Maybe the absentee
votes will be coming out of the jails. At least a few of them have gone over there already. You know, we
'have three members of this Commission that were sitting here, that voted for the system that we had, a
system that we've only had for little over a year. A fourth member that's sitting here, voted for the same
system, while he was Chairman of the County Commission. The voters of Miami voted for this system
101 June 8, 1999
twice, not once. They voted for it first when it was proposed for County government. They voted for it the
second time for the City of Miami. So, don't tell me that the voters didn't know what they were voting for;
that they thought that, "gee, they were really voting for a Strong Mayor. That's not what they were getting."
In fact, the small group that is leading this and has been financing this and you know why they're finally
bringing it up here this way, because they got caught with the petition drive. They got caught trying to do
the same thing again that they got caught before in the November'97 election. They got caught with fraud.
So, now they're desperate. They see that, hey, they can't get away with what was happening before. They
can't do business the usual way they were used to, not with this Mayor here, not with this Manager here, not
with the Police Chief that we have here; therefore, they've got to pull everything they have and we have to
have an election like overnight, and doesn't care what happens to this City, having an election overnight.
You know why they want an election? It's not an election about changing the government. It's an election
about trying to get a new election for Mayor right away to see if they can get a second shot at the apple. It's
funny that there's such concerns about what kind of government do we have but those that have been
financing this live in Coral Gables, some live in Miami Beach, they have no concerns about bringing that
form of government, they say we need so badly, to Coral Gables or Miami Beach. What about Dade County
Government, the largest government we have here that has, as I stated, the same form of government that we
do? Not one mention of changing the form of government we have in the County. It's only about Miami. I
ask all of you that are here and are listening to us at home to ask yourselves, why? Why do those people
want to force this upon us when we just had an election? When the City of Miami, and all of you know that,
all of you that live in the City that go from place to place, that shop here, you know that this City has
changed for the better, that is improving. It is improving. Why do they want to turn this around again to
what it was? If you think that we're at the verge of having the financial world on Wall Street give us the
type of ratings that Miami needs again, just to think that this is going to set us back again. That, in itself, is
going to cost this City financially dearly, but they don't care. You know what they care about? Making sure
that we're not here so they can cut their deals in our City waterfront, so they can rip off the residents more,
so they can do their garbage deals, they could all the deals that had been going on in past. You know the
story you recently saw in "The Herald about code enforcement, a story that, frankly, didn't surprise this
administration because there had been investigations going on in that already and more? The truth is that
that story would have never appeared if I hadn't returned as Mayor to this City and we don't -have this
Manager here, if we don't have the Police Chief that we have. You know why? Because it would have been
swept under the rug like it was being swept before. When some of the same people that appeared in that
article had "called the previous City Manager and told him the same things, that didn'tdo anything about it.
Those people that you read about in that article in code enforcement, that are hurting the most needy of our
people, the elderly in our community, the most needed, the more, these were people that were hired in the
past administrations by some of these same individuals that want to change our government and have
another election right away tomorrow. Ladies and gentlemen, this is as far as its gone on too long. If what
the majority of my colleagues want to do is turn this City upside down, let's not play around anymore. If
this is what you all want, do it now. But let's not play around anymore. You know, Tomas, you talk about
the people in the radio. There's still — have been four people that have gone to radio, besides yourself, that
have been talking about this in the last four weeks. Mr. Suarez, Mr. De--Yurre, your wife, and Mr.
Garcia -Pedrosa today. These are the only people that are going out there talking and pushing this in Spanish
radio. The committee that held meetings in different parts of Miami, open to the public so that the public
could come, public hearings, -no one from the public came. Why? Because the public has no interest in
making these changes. It's only the same handful of people that want this change and, frankly, Pm fed up
with it. I'm fed up with the corruption that I see around us; corruption that, frankly, starts with some right up
here. Because, when you steal from this City, how in the heck, how in the heck can you expect an official
like this to do right in all the other important things that have to do with this City? And that's the problem
we have. Frankly, we have some people up here that are not honorable. They are dishonorable. Individuals
that I am ashamed to serve.with because I've never seen anything like this before. So, if this is what you all
102 June 8, 1999
want to do, if the majority of you want to turn the City upside down, then go ahead. Let's not waste
anymore time. Do it today.
Vice Chairman Gort: Excuse me, Mr. Mayor. I want you to know... `
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: This committee has had representative of each one of these Commissioners in here
and the representatives of this Commission in here are the ones that request for me that we have for the
extensions. I want you to understand that. I know how you feel and all that but this committee, from the
beginning and for a long time, have asked for these changes to take place. And most of this Commission
here and yourself have asked for these changes to take place.
Mayor Carollo: Commissioner, this committee, frankly — and I respect you — but there were some in
m
that when some others said to name other people as co-chairman, then forced another ividual as
co-chairman, then, frankly, from that point on, it was clear what they were trying to do with this committee.
You know, you look at any. other major city in American and when they wanted to have a change of
government like this, and particularly, when we just recently had a change of government, they go about it
in an orderly, organized, professional .way. If we really want to compare our form of government to a
different form, then let's bring a true, professional firm that can go and look at the 50 largest cities in our
country and give us a comparison of how many types of forms of government we have out•there, what are
their pluses and cons in each form, and which of the ones that they think are best suited for the City of
Miami, along with what the committee has done. But to do what is'— some are trying to do here — this is
only trying to railroad the whole City of Miami for the reasons — and, frankly, a heck of a lot more that I
haven't stated here and the reason I haven't stated some of those others because, by law, I am not allowed to
and I think you can all understand what Pm trying to say.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I really think that the Mayor is, again, using the politics of fear. Mr. Mayor, the
reason that I went to the radio is because I m used to communicate and inform the people. I don't know how
you have the time — you say you work so much — to listen to every radio program and say that four people
went on the radio. My wife, who, by the way, gets paid as a host of the program. She's not•a politician, so
there's no way to or need to bring her in this issue. People do talk about some issues. You go to the radio.
Sometimes I can hear. Sometimes — because I do work for a living. I got to wake up very early. I got to do
a TV program and I got to inform of the people. Now, if you say that I'm involved with those people that
want to do deals or whatever, I wish you tell me how. Because I only work in the morning, work in the
afternoon, do the things that I need to do for the City. And, by the way, I supported you twice and I did not
support Mr. Suarez, nor I support Suarez now, nor did I sign the petition drive. I was against that. But it
was you who created .the committee, the Mayor's committee; to look into the -Charter" review. It was this
Commission who created that committee and I just think that you're being unfair. You're being unfair to the
members of this Commission. If you are referring only to me, then it's OK because I can defend myself. I'm
not afraid of you. And the rest of the Commission can also defend by themselves. I think that the issue of
the Strong Mayor has been confused in all this project that we want to do. You wanted to do by appointing
a committee. We wanted to do by appointing a committee. And I just think that the people of Miami have
the right to say yes or no on the issues of selling properties or what to do if you tomorrow wants to fire Don
Warshaw and we'll put him back and you come back and fire him again, like you did with Pedrosa several
times. It's just things that we need to do to have a good government in the City of Miami. So, I would really
appreciate, first of all, that you leave my wife out of this and, second, that, you know, if you don't agree — I
103 June 8, 1999
mean, you're saying that you don't agree but you don't have to offend people. You don't have to attack
people to do that. You can disagree.
Chairman Plummer: All right. Gentlemen, we're getting far afield of 45 or 90 days. And I don't want to cut
my colleagues off. Pm going to ask that cool heads prevail, that reasonable people can disagree but they
don't have to be disagreeable. Now, Mr. Mayor, you've asked for the floor. I'll grant you that and then Mr.
Sanchez and then I wish to call the question.
Mayor Carollo: Let me yield to Commissioner Sanchez, that had some...
Chairman Plummer: Mr. Sanchez, you have the floor.
Commissioner Sanchez: Mr. Mayor, with all due respect, I am offended. I am deeply offended because of
the statement that you made, that you sit among colleagues and you did not name specifically who. You
have basically, in front of our voters and the City of Miami said that they're doing illegal actions. It is your
duty, as well as mine, if somebody up here that we know that is stealing or doing something illegal, to
contact the State Attorney's Office. So, I would ask you, with due respect, sir, that next time that you say
that, you specifically say names. Because I know that rm offended and I looked around when you made the
statement and some of the Commissioners rolled their eyes back, and I do not appreciate that statement.
Mayor Carollo: Commissioner, you have every right to be offended, if you want to be offended. But you
know what you should be more offended on? When you have Commissioners that have stolen from the
City. You should be offended of that. And you know exactly what rm saying, just like he does and
everyone else. You know what you should be offended about? When you see Commissioners that you see
in the paper in the way that you see eighty-five thousand dollar ($85,000) loans, one after another. You
should be offended about that. rm offended about that and, frankly, rm fed up with that. You know, good
government begins at home and good government begins by not stealing from the City of Miami. Now, you
talk about the State Attorney's Office. I have not gone to the State Attorney's Office but I tell you, I have
done my obligation as Mayor of this City and, unfortunately, I am in a position that I cannot talk and say
exactly what you've asked me to do. I wish that I didn't have those handcuffs on me because of the areas
that you and I and everyone else know that's going on here. But what rm not going to listen to anymore is
people saying that this is for good government that they're doing this, not to destabilize the government, not
to overthrow a government. If so many people want to change this government — and there's been talk about
bringing in additional districts. Well, I haven't heard talks about bringing those districts to a vote right now,
just like those that are proposing bringing the vote on the Strong Mayor have been. I haven't heard anyone
up here get offended about City dollars that have been stolen and very clearly put in some articles. I haven't
seen anyone else here get offended about much more, including some of the latest stories that we have been
reading. But I am offended by that. I am fed up with that. Either were going to have a Commission that is
going to live by what we say or this, frankly, is anarchy. We are not going to change what is wrong with our
form of government just by cutting a few of the limbs. It has to come from the roots, Commissioner. And if
that offends you, rm sorry, but this is the truth.
Chairman Plummer: As I indicated before, I'm calling the question:
Mr. Vilarello: Mr. Chairman, just on...
Chairman Plummer: Mr. City Attorney, I will...
Mr. Vilarello: On the motion.
104 June 8, 1999
Chairman Plummer: Mr. Teele, may I please hold until the City Attorney? What? Mr. Teele, I'll yield to
you, sir.
Commissioner Teele: Mr. Chairman, we all have emotions and, I guess, as a person who has been trained to
deal emotionally with the enemy, we have to resist our temptation, our human temptation. But 1 think, even
those of us that have training, whether it be police or military, rarely bring children and wives into the line
of battle. As soon as this debate is over, rm going to offer a resolution or a motion to express our regrets, as
a Commission, for the tremendous insult that has been paid the wife of one of our colleagues, because it's
only a big sissy who's going to fight women. Just a sissy.
Mayor Carollo: Commissioner, what insult has been said to anyone?
Chairman Plummer: Mr. Mayor? Mr. Mayor?
Commissioner Teele: If the shoe doesn't... . .
Mayor Carollo: What insult, Commissioner, has been said by anyone?
Chairman Plummer: Mr. Mayor? Mr. Mayor, Teele has...
Commissioner Teele: Mr. Chairman?
Mayor Carollo: And, you know what...
Chairman Plummer: Mr. Mayor?
Mayor Carollo: ... for an individual that. has...
Commissioner Teele: Mr. Chairman?
Mayor Carollo: ... lived up a government...
Commissioner Teele: Mr. Chairman? `
Mayor Carollo ...you know what the problem is, you can't come and do here with me, as Mayor...
Chairman Plummer: Mr. Mayor?
Mayor Carollo: ... what you have done in the County, Commissioner.
Chairman Plummer: The floor is Mr. Teele. .
Commissioner Teele: Mr. Chairman?
Chairman Plummer: When he is finished, sir,.I will acknowledge you.
Commissioner Teele: I think...
Chairman Plummer: Mr. Teele, proceed and acknowledge when you are completed
105 June 8, 1999
Commissioner Teele: Mr. Chairman, we can all let our emotions run wild and the truth of the matter is that
the emotions are rather high but I maintain that when we start stooping to bringing in children and wives or
spouses, I have no — I want to be on record that that's wrong, and you can say what you want to about
Tomas. He's a man. He can defend himself. You can say what you want to about me and I'll defend
myself. But I can tell you right now, that he's much more of a gentleman than I am because I don't want you
to ever bring my wife's name up. rm going to tell you right up front or we will deal with it right on the spot.
I'm going to tell everybody right here, right now, you all can play silly if you want to, play crazy if you want
to, jump up and down, but do not bring my wife up and do not bring any of my colleagues' spouses up
because that's a sissy.
Mayor Carollo: Mr. Clerk?
Chairman Plummer: Mr. Mayor.
Mayor Carollo: Mr. Clerk, read for the record anything that was said about anyone's wives here. Because
this man here is trying to hide behind something that was never said and he don't have the guts to do
anything that he said here. The problem with him is that he's used to bullying people; he's used to hiding
behind a lot of things that have nothing to do with this. Now, read for the record — you have the record
there — to see if there was anything that was said...
Commissioner Regalado: What you said, Mr. Mayor...
Chairman Plummer: All right, all right.
Mayor Carollo: ... that could have insulted anyone. Now...
Chairman Plummer: Gentlemen, gentlemen.
Commissioner Regalado: What you said, Mr. Mayor...
Mayor Carollo: No, sir.
Chairman Plummer: Mr. Regalado?
Commissioner Regalado: What you said, Mr. Mayor, I remember you said that four people of the groups...
Mayor Carollo: He's got the record there.
Chairman Plummer: Am I the chairman running this meeting?
Commissioner Regalado: ... and that you mix my wife...
Mayor Carollo: Read for the record. Read for the record.
Commissioner Regalado: ... with some of the crooks here...
Chairman Plummer: Am I running this meeting?
Commissioner Regalado: And you imply...
106 June 8, 1999
Mayor Carollo: Mr. Chairman?
Chairman Plummer: Because I'm going to talk loud enough that you will not be heard.
Mayor Carollo: Mr. Chairman?
Commissioner Regalado: No, sir. No. OK. Will not be heard.
Chairman Plummer: This Commission is in a five-minute recess.
Mayor Carollo: Have the Clerk read the record on that.
THEREUPON THE CITY COMMISSION. WENT INTO RECESS AT 4:23 P.M. AND
RECONVENED AT 4:28 P.M., WITH MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-3.90
A MOTION TO AMEND PROPOSED RESOLUTION TO EXTEND --
DEADLINE RELATED TO THE CITY OF : MIAMI , CHARTER
REVIEW AND REFORM COMMITTEE FOR A PERIOD OF 45 DAYS
(INSTEAD OF 90 DAYS) CONCLUDING ON JULY 23, 1999 THE.
EXISTENCE OF SAID COMMITTEE.
Upon being seconded by Vice Chairman Wifredo 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: Vote on this issue here, what you have to say. Is Mr.. Sanchez present? Hold on to
what? I'm sure glad I ve got my little funeral home to run to. - All right, Mr. City — may we ask all of you,
please, to come in and sit down? There's no extra charge. Officer, would you accommodate them, please,
and watch out for the big major. Mr. City Attorney.
Mr. Vilarello: Mr. Chairman, the Committee has already.been given until July 8, 1999 to return a report so
— with its report and recommendation. So,- the 45 days is from today or from 45 — 45 days from July 8th?
Chairman Plummer: Well...
Mr. Vilarello: Just to understand the motion.
107 June 8, 1999
Chairman Plummer: ... I guess that applies to both. Does it apply to the 45 or the 90?
Mr. Vilarello: The committee has already been given through July 8th to come back with its report and
recommendation.
Chairman Plummer: Mr. Regalado, you're the maker of the 45-day amendment. Are you indicating, sir, in
your amendment that it starts today or July the 8th?
Commissioner Regalado: Starts today.
Chairman Plummer: All right. So, that's understood. Then we will call the. roll, Mr. Clerk, and we are
voting on an amendment prior to the motion that would allow for a 45-day extension, starting as of today.
Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Vice Chairman Gort: Let me tell you, I will try to have the report back here in 45 days. At the same time, I
want you to understand, 45 days to bring a report back to you all — my committee does not have a report
that's up to the committee and that's your appointment. And I've also requested that you all — any
suggestions that you have — because one thing I want to clarify, its not the Strong Mayor by itself. The
present system needs some amendment to make it even better.
Commissioner Teele: On the question.
Chairman Plummer: Next item.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: I'm sorry. Mr. Teele.
Commissioner Teele: That was on the amendment.
Chairman Plummer: That was on the amendment.
Commissioner Teele: On the underlying question. And Commissioner Gort...
Chairman Plummer: Well, the underlying question, as I understand, was for 90 days. That is now defeated
or it is null and void. Am I correct, Mr. City Attorney?
Commissioner Teele: Well, that is the amendment. Now, you have to vote on the resolution.
Chairman Plummer: The resolution would be, then, insert the word 90 days instead — 45 days instead of 90.
Vice Chairman Gort: Instead of 90.
Commissioner Teele: That's right. And on the...
Chairman Plummer: For the appropriate dates.
108 June 8, 1999
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, with your permission, I will put a date certain in at
.be end of the 45 days.
Chairman Plummer: All right, sir. Give me a date certain.
Commissioner Teele: He'll do it.
Mr. Vilarello: rll do that as soon as someone does the math for me.
Chairman Plummer: Oh. All right.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: On the underlying question, which we were not supposed to debate but we apparently
got into it. When I requested that the committee be set up and I — there are a number of issues associated
with this Charter and, quite frankly, with the County Charter — I think, since the issue of the County has
been put on the table, it should be noted that the County is moving right now to put together a Charter
Reform Commission as is Miami Beach.. But there are at least five areas that we specifically asked — and I -
just want to put this back on the record so that, as you read "The Herald" stories, as you read the editorials, I
think 90 percent of what is really at stake here is getting lost. This is not about changing the form of the
Executive Mayor or the Strong Mayor. It is about a lot of other things, as well. It is my hope — and rm
going to sit down because I've really walked away from this. rm going to sit down with the attorney. It is
my hope that, even if the Countywide Mayor calls an election in August or September, that we can put some
of the items on the ballot in September or as early as August, depending upon the timetable, that really cry
out for some attention. The fast area is the transition of power of an election. When Commissioner
Hernandez was elected and, subsequently, when Commissioner Sanchez was elected by not receiving an
opponent, Mr. Attorney, does the Charter have specific language in it as to when those officers are to be
sworn in? Those two particular incidents, those two particular circumstances. In the case of Commissioner
Sanchez, who was just reelected or elected without an opponent, is there an ambiguity in the Charter as to
when his swearing in date occurred?
Mr. Vilarello: Yes, sir. It was basic...
Commissioner Teele: We all remember the horrors —you talk about the bond market. We all remember the
horrors of the previous Commissioner who demanded to be sworn in. I told the Clerk and the Attorney,
"just swear me in before the end of the year." Didn't matter to me. But there is a clear ambiguity in that.
Secondly, in that same context, the dignity of an election, whether it be four years from now or 12 years
from now, of the Mayor or any Commissioner should be afforded for a smooth -transition. The horrors of a
person being moved out of their office .at midnight, whether the person deserves to be replaced or not, is
something that we need to correct. There needs to be a window of opportunity to allow for a smooth
transition. As you currently know, this City has become famous for it's midnight ousting of Mayors, who
are literally walking out the door to jeering crowds or booing crowds or cheering crowds at midnight. That's
not the way a city of Miami size and dignity should be afforded. And our Charter should allow for a
five-day, seven-day_ transition. These are the things that I talked about a year ago when -I was elected, when
the current Mayor was not here. And if the current Mayor had been here, he would have heard me say the
same thing. This has nothing to do with the previous Mayor, the current Mayor or the next Mayor: There
are some basic fundamental flaws in this Charter. Another area is the intemperate, commingling of the
executive with the legislative and that should be corrected immediately, not later but immediately. And I
109 June 8, 1999
would hope that, if there is an opportunity to put it on the ballot with the Mayor — these are the things —
with the Mayor of the County that we should do it — these are things that I think almost all reasonable
people could agree on. I don't even — I think the Charter Committee that we have, if they were to focus on
that, and back away from the charged issues. The third area, of course, is the fact that in the separation of
power between a unicameral, executive — quasi legislative, quasi executive body, as we previously have, the
role of the Manager was that of a dual role. Currently, the Manager is an executive officer, and there are
ambiguities in the Charter. For example, the Manager is not comfortable giving my aides instructions or
your aids instructions, nor should he, but, technically, all of the employees, including the Mayor's aides, the
Commission's aides, and work for the Manager. There are certainly administrative areas in which he should
have administrative responsibilities, such as in medical testing and those kinds of things, but there are
ambiguities of that nature in the Charter. The third area is relating to the check and balance system, as with
the Government Accounting Office, the GAO, this city should have a comptroller general, an auditor
general or any basic, legislative function that puts us in a position to have a check and balance in the budget
process. Something we recognize in the anti -deficiency legislation. Something that we've recognized across
the board, and I believe that a — an auditor general role needs to be clarified; that is a role similar to that of
the Clerk or the Attomey that provides for the check and balance., Those are three or four very, very clear
areas that I think that cry out for some discussion. Mr. Manager, -Mr. Attorney, when we set up this Charter,
it was not my intent that the Charter Reform Committee would wrestle with trying to make a vote. To be
honest with you, the best thing is the same thing as with the constitutional revision, where they agreed —
tried to not to vote on anything, but have unanimity or have minority opinions, but none of us are going to
be weighed by a three to two vote or a four to three vote and that's not going to be a mandate. • And you're
playing — you're literally fooling your own minds if you think that the outcome of a less than unanimous
vote is going to carry any presumption that is going to be approved by this Commission. There is five
Commissioners here. The Mayor has a veto. - And the fact of the matter is, we have a process that I think,
quite frankly, as the framer of the resolution that set up this Charter Committee,' I can tell you, you all have
gone far afield in terms of what I was looking for, in terms of a menu of options. The most important area
that I am concerned about is that of greater representation of elected officials in the city that reflect the
dynamic nature of this City. I believe that a five -member Commission — and I know Commissions never,
legislative bodies rarely, if ever, reduce their power. They never want to expand. When I went on the
County Commission, I went on the County Commission saying one thing. It's a nine -member Commission
and if I have my way, it's going to go to 15. We got it to 13. But Commissioners rarely vote to dilute their
power. Arid the reason that rm for it is because I don't think Miami, as dynamic as it is in Miami -Dade
County, as dynamic it is, can be as strong and as dynamic as it has a potential to do if all parties are not
represented. Later on today we're going to hear from the Little Haiti NET (Neighborhood Enhancement
Team) Office, as the Manager makes a presentation. It is my considered opinion that the Haitian
community is growing and should be. afforded the opportunity to elect a representative from that
community. It is also my opinion that there is a large Puerto Rican, Dominican, Colombian, Non -Cuban
Hispanic community that is growing, that should have the opportunity to elect a person from -those non
Cuban Hispanic communities and, for that reason; I believe that a five -member Commission, that we have
today, would be more representative if there were seven members. And I am -strongly — and the resolution
that I wrote — the resolution that governs this is governing that. The frustration that I have, that not one time
has the media discussed what this is about. The media has created this personalization of this as being a
Strong Mayor issue. It has been that from the very beginning. Every story that has been written has charged
this and .if anybody should be embarrassed about what has gone on today, please note that it is being
charged up by the way it is being reported, as being a referendum on the Executive Mayor 'oi the Strong
Mayor. It is not that. That has never been the debate. That has never been the issue. When I brought this
up as a Commissioner with Mayor Suarez here and talked about the need with the previous City Attorney
and the current City Attorney, those are the issues that I've consistently talked about. I believe, very
strongly, that more important than the Mayor is the ability to have a seven -member Commission "and that is
a Commission that will be reflective, more reflective of the community. And that's not to say that I'm saying
110 June 8, 1999
that there ought to be a Haitian Commissioner. I'm not saying that, nor am I saying there should a non
Cuban Hispanic Commissioner. I'm not saying that. But I am saying that those important constituents in
this community should have the opportunity to elect someone based upon the numbers of the members of
the Commission. And, in fact, by going to seven members, it is very clear, statistically, that that is possible.
So, Commissioner Gort, the only thing that I would ask is that you take these thoughts as the framer of this
resolution in mind, along with those of your own opinion, which I give great deference to, and those of the
very fine committee. But I do think that this train has sort of jumped the track and this thing is going down
a one-way tunnel right now. And, to be honest with you, the issue of the Executive Mayor is going to come
up and we all will have a vote on that. We all will have a discussion on that. And to be honest with you, I
would be willing to move right now, if I could get a second, that this issues of the Executive Mayor be
brought out of that because we're going to make our own decision on it anyway. And I don't think debating
it in a committee is going to add anything or not. I think it would probably bring about a more serious
discussion and debate on those non issues as it relates to that and, if you would entertain it, I would so move
that amendment — that the Charter Reform Committee be stopped, be asked to defer any further action on
the Executive Mayor or the Strong Mayor and reserving those issues for the Commission to work through
the Attorney's Office individually on, so that when it comes up, it would be taken up at that time. I would so
move.
Commissioner Sanchez: Second.
Chairman Plummer: You can't at this time. We have a motion on the floor for Item 25, as amended.
Vice Chairman Gort: Well —no, wait a minute. Wait a minute.
Commissioner Teele: It would bean amendment to that underlying resolution, Commissioner. -
Chairman Plummer: Again...
Commissioner Teele: Yes, sir.
Vice Chairman Gort: There are several amendments...
Chairman Plummer: All right. Now...
Vice Chairman Gort: Excuse me.
Chairman Plummer: Mr. Gort, you have the floor.
Vice Chairman Gort: There are several amendments that have been made to this one, Presently, I do have
two alternatives for seven -member districts. You requested in your original- resolution three different
alternatives. If you were to...
Commissioner Teele: rll withdraw the third and just - rll amend it also to have two and not three.
Vice Chairman Gort: OK.
Commissioner Teele: So, I would so move, Mr. Chairman,'that the underlying resolution is amended to
drop the three options on the Commission membership and to leave it at two: And, further, to request or to
remove from jurisdictions of the Committee any further discussion on the Executive Mayor and those
powers. Reserving directly to each Commissioner to work with the 'City Attorney to formulate those
111 June 8, 1999
opinions as they come up, and those issues will be merited by the Commission at the time that the report .
,comes forward.
Vice Chairman Gort: Second.
Commissioner Sanchez: Second.
Chairman Plummer: All right. But — now, I understand the second one. Explain the first one again to me.
Commissioner Teele: J.L...
Mr. Vilarello: The original resolution required that the committee come back with three recommend — three
alternatives on seven -member districts. Commissioner Gort indicated he's got two but he can't get to the
third alternative and that's...
Chairman Plummer: So, are we dropping that and the Executive Mayor, both issues?
Mr. Vilarello: No. That the committee will come back with two alternatives for seven -member districts and
dropping from their purview the form of government.
Chairman Plummer: OK. I understand. Mr. Sanchez.
Commissioner Sanchez: No, no, no. That was it.
Mayor Carollo: Can I have the floor?
Chairman Plummer: Mr. Mayor.
Mayor Carollo: Thank you. So, this has nothing to do with the Executive Mayor trying to ram rod a new
election. But here is a committee that was given the obligation to go and make a recommendation to the
Commission to do studies and the committee comes back with something that is not what the people wanted
to hear, so what do you do? Well, you take that away from the committee. You don't say, "Well were
going to disband the committee" because that would look even worse. You let the committee stay there
pretending that they're really going to make recommendations on some other matters and you just take away
any further obligations so the committee could make any recommendations because you don't like what the
Committee had to say. Now, Commissioner Gort...
Vice Chairman Gort: Excuse me, Mayor. That's not my interpretation. My interpretation is...
Mayor Carollo: That's what they said.
Vice Chairman Gort: No, no. My...
Chairman Plummer: Sir, the Mayor did not yield, Mr. Gort.
Mayor Carollo: No, no, no. That's fine, Willie. What the motion says is that the committee is not going to
have anything further to do with the issue of Executive Mayor, Strong Mayor or any kind of Mayor. That's
being taken away from the committee.
Chairman Plummer: Mr. Gort.
112 June 8, 1999
Vice Chairman Gort: Mr. Mayor, my interpretation is that this committee would — what we need to get and
right away and try to get it on the ballot, not to create any problems and to do it as soon as we can, is the
issues that was discussed a little while ago. This committee will continue to work on the amendments that
need to be done and the existing system of government that we have and whatever other type of government
we can do. This committee will come out with our recommendation to this Commission and then this
Commission will do whatever they want.
Mayor Carollo: Commissioner?
Vice Chairman Gort: That's my interpretation of the motion. _
Mayor Carollo: Commissioner, the motion clearly states that the committee would not be making any
further recommendations or any further studies. That's clearly stated there. But the part that is not clear to
me is on this seven -man Commission that is being talked about, is this going to be done and presented to a
vote, hand in hand, with whatever changes are going to be made to the position of Mayor or is this going to
be something that will be placed on the ballot maybe a year from now or later on? -
Vice Chairman Gort: My understanding, Mr. Mayor, from the motion that was stated by Commissioner
Teele is that this issues, after being brought up to these Commission, as soon as possible, and this issue,
which is just as important as the other one, can be voted on immediately, is to be voted on. The issues of the
Strong Mayor or Executive Mayor, with the amendments needed for -the Executive Mayor can come up later
on for some other type of election. My understanding of this motion is that all that was stated before or be
voted before the other ones.
Mayor Carollo: I guess what I'm trying to ascertain in this latest question in districts is if what
Commissioner Teele is asking for, that all the members of the Commission also run for office, if this is
approved in the next election.
Vice Chairman Gort: If that's the case, then that would take place. That's something would have to be
brought back to this Commission. This Commission will have to make the decision on that.
Chairman Plummer: Mr. Goenaga.
Mr. Manuel Gonzalez-Goenaga: Well, to close. Hopefully, to close.
1 Chairman Plummer: I don't know why I'm doing it but you asked for one — Mr. Sanchez, did you wish the
floor? I don't why I m doing it but I'm going to give you one minute.
Mr. Gonzalez-Goenaga: Oh, you're finished? 1
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Sir, you have one minute.
Mr. Gonzalez-Goenaga: Well, to close. Now, I have changed my mind...
Chairman Plummer: God forbid.
113
Mr. Gonzalez-Goenaga: ...after hearing all this dissertation. Let me tell you, what we need in order to clean
• mp the City of Miami of everything, of all type of corruption anywhere, any place, in any shape or form, is a
benevolent dictator. Thank you very much. Like me. I — the blame game. You had the opportunity to elect
me. You never voted for me, so enjoy this government. Thank you.
Chairman Plummer: Damn right, we didn't. You're the only one we want to put on the boat and send.back
out to sea. All right. We now have another amendment to the amendment and that is that this motion will
be devoid and prohibit the Committee, the Charter Review Committee, from discussing the Executive or
Strong Mayor form of government and, in fact, will limit the Charter Reform Committee to two
recommendations, in recommending to the City Commission, instead of three. I am informed by the City
Attorney that a date certain is July the 23rd and, I think, of this year? .
Mr. Vilarello: Yes, sir.
Chairman Plummer: Yes, sir. Mr. Gort.
Vice Chairman Gort: I have a question to the maker of the motion. -
Chairman Plummer: It didn't make it. I'm just trying to clarify it.
Vice Chairman Gort: No. My question is, -rm not under the understanding that the committee is being
prohibited. My understanding is, that you're"asking the committee to put all our resources. and the issues
they had mentioned before but not to be prohibited from discussing it. Am I correct on that?
Chairman Plummer: No, that's not what I understood.
Commissioner Teele: I didn't use the term prohibited. I said removed from the jurisdiction'.
Chairman Plummer: Well, is that riot prohibiting?
Commissioner Teele: Not prohibited. But if they want to take it up, fine. Look, the issue is this, the only
thing the press is talking about — the only thing one person on this dais right now is talking about is one
issue and it just totally aufiscate — it totally confuses what the original intent — you know, its amazing that
one member just said "What about this seven -member," as if this is the first time. My issue has always been
one thing. I think all five of — all four of you up here, as my colleagues know, that I have proposed one
thing consistently and, that is, that we consider moving from a five -member Commission to a seven -member
Commission. Has anybody read that in the media one time? Just one time? And that is going to have more
impact on this City than anything else. People are going to be more concerned about who their
Commissioner is than who the Mayor is and,"particularly, in the communities that we talked about. And; so,
all that I'm saying, Willie, is this, I will change that to say that the issues of the -Executive Mayor be lowered
in a priority and be subordinate to those other areas so that we can get some serious discussion on it but,
also, Willie...
Vice Chairman Gort: OK. That was my interpretation.
Commissioner Teele: That's my interpretation. But also the intent is that they shouldn't be guided by a vote
of the committee. They should be guided by the intellect of each individual member of the committee and
to the extent that there is a consensus, there is a consensus. But were — I don't want something offthe table
that was to consider because it failed on a four to three vote because we need to be able to understand the .
menu of options more so than the outcome of the recommendation. Thank you.
114 June 8, 1999
.Vice Chairman Gort: OK. It's my understanding — but at the same time, once again, and I've asked this of
my colleagues and I've asked from the first day that we met — and, by the way, we never began in
December. We didn't begin until January because that's — the appointments were not made. Whatever
recommendation, like I've asked of the administration to do so, all the director department and in their
recommendations — any recommendation you have — and I've been asking this all along — please send it to
the committee so we can put it — incorporated it. Thank you.
Chairman Plummer: You know, I think what we've done.
Vice Chairman Gort: Move it.
Chairman Plummer: I think we have defeated the whole dam thing because if I was a member of the public
sitting out there listening to this discussion and to listen to the verbiage that has gone forth here, I wouldn't
vote because those guys don't know what the hell they're doing and I would vote against it. So, in effect, I
guess what we have really done is killed any chance of getting Charter Reform. But — well, hey, you have
your opinion, Mr. Gort, and I respect it. I hope you respect mine, as we have always done. Mr. Clerk, do
you understand the motion?
Mr. Walter Foeman (City Clerk): I. think so.
Chairman Plummer: You're the one who they'll come to and ask, "what did they say?" So, do you
understand it?
Mr. Foeman: I have the verbatim transcript. I think I do.
Chairman Plummer: All right, sir. Then I beg of you, immediately, to call the roll.
Mr. Vilarello: Now, the resolution. Now, the resolution.
Commissioner Teele: Call the question on the underlying motion. .
Chairman Plummer: The underlying motion is, as it's stated in Number 25, call the roll.
Commissioner Teele: As amended.
Mr. Vilarello: As amended.
Chairman Plummer: As amended, of course.
Mr. Foeman: I need a movant and a seconder. l
Chairman Plummer: That was originally by — I think by Mr. Regalado and seconded by Mr. Teele. If I was
wrong, please correct me.
Vice Chairman Gort: I second it.
Chairman Plummer: Mr. Gort indicates he seconded the motion. For the record, I'm going to vote for it
because to vote against it means no extension of time. So, I am going to vote for the 45 days, not that I want
the 45. I wanted the 90 or more but at least to give the minimum of 45, I vote yes.
115 June 8, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-391
A MOTION STIPULATING THAT THE CHARTER REVIEW AND
REFORM COMMITTEE GIVE LOWER PRIORITY TO THE ISSUES
OF EXECUTIVE MAYOR AND STRONG MAYOR; FURTHER
STIPULATING THAT THE AFOREMENTIONED ISSUES BE
SUBORDINATE TO THE OTHER AREAS OF CONCERN BEFORE
SAID COMMITTEE; FURTHER RESERVING THE RIGHT OF EACH
INDIVIDUAL COMMISSIONER TO MEET WITH THE CITY
ATTORNEY IN FORMULATING HIS RESPECTIVE OPINIONS AND
VIEWS REGARDING SAME; FURTHER ACCEPTING HAVING TWO
ALTERNATIVES (INSTEAD OF THREE) FOR A PROPOSED
SEVEN -MEMBER DISTRICT PLAN TO BE BROUGHT FORWARD
AS RECOMMENDATIONS IN THE FINAL REPORT OF SAID
COMMITTEE.
Upon being seconded by Vice Chairman Wifredo 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.
116 June 8, 1999
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-392
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO THE CITY OF M AMI CHARTER REVIEW AND REFORM
COMMITTEE; AMENDING RESOLUTION NO. 98-1218, AS
AMENDED BY RESOLUTION NO. 99-105, TO EXTEND FOR A
PERIOD CONCLUDING JULY 23, 1999, THE EXISTENCE OF SAID
COMMITTEE AND ALL PERTINENT TRAE LINES RELATED TO
REQUIRED MEETINGS AND ISSUANCE OF REPORTS AND
DECREASING TO TWO, THE NUMBER OF ALTERNATIVE
RECOMMENDATIONS TO BE PRESENTED TO THE CITY
COMMISSION FOR ITS CONSIDERATION RELATING TO THE
ESTABLISHMENT OF. SEVEN MEMBER COMMISSION
DISTRICTS; FURTHER -.DIRECTING - SAID COMMITTEE TO
CEASE DELIBERATIONS RELATING TO PROPOSED CHARTER
AMENDMENTS CONCERNING THE CITY OF MIAMI' S FORM OF
GOVERNMENT.
(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.
33. SETTLEMENT: JAMES PARKS ($60,000).
Chairman Plummer: All right. We're now on Item 26. Item 26. Let me get my frosted glasses on. Mr. City Attorney
an authorization to settle a lawsuit?
Mr. Alejandro Vilarello (City Attorney): This is a request for authorization to settle a lawsuit in the amount c
thousand dollars ($60,000). The lawsuit is James Parks, individually, and as the personal representative of the e,
Mabel Parks versus the City of Miami. This lawsuit was brought by the husband of Mabel Parks, who was kille
automobile collision with a vehicle that was being pursued during a chase by the Police Department, and it can
recommendation.
Chairman Plummer: Is there a motion?
117 June 8, 1999
Commissioner Sanchez: Motion to...
..
Chairman Plummer: To settle.
Commissioner Sanchez: To settle.
Chairman Plummer: Motion is by Sanchez.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. Any further discussion? 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. 99-393
A RESOLUTION OF THE MIAMI CITY COMMISSION .
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JAMES
PARKS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF MABEL PARKS, ETC., WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $60,000.00, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE
JAMES PARKS, ETC., ET AL. V. CITY OF MIAMI, IN THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADS COUNTY, FLORIDA, CASE NO. 9143969
CA (20), 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. 515001.624401.6.652.
118 June 8, 1999
, Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
34. COMMISSION AGREES TO SUBMIT NAMES OF APPOINTMENTS TO VIRGINIA KEY PARK
CIVIL RIGHTS TASK FORCE IN WRITING TO THE CLERK.
Chairman Plummer: Item 26A has been done. We're now on Item 27.
Commissioner Regalado: Just a question, Mr. Chairman.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I wasn't here when this was done, but when are we going to appoint the members,
if we are going to appoint anyone?
Chairman Plummer: It has already been done, sir. It was those names, which were proffered by
Commissioner — former Commissioner Athalie Range.
Mr. Vilarello: No, those are the community members. The individual Commissioners have the right to
appoint their representative.
Commissioner Regalado: Can I do that by memo or can I...
Mr. Vilarello: Yes.
Commissioner Regalado: OK.
Mr. Vilarello: It does not require the full Commission approval.
Commissioner Regalado: OK. We'll do that by memo to the City Clerk.
Mr. Vilarello: It, specifically, is an appointment by each Commissioner.
Walter Foeman (City Clerk): And also the Mayor gets two appointments.
119 June 8, 1999
35. AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT
WITH EHRENKRANTZ ECKSTUT & KUHN ARCHITECTS, P.C., TO DEVELOP URBAN
DESIGN GUIDES AND STANDARDS FOR DINNER KEY AREA AS ECONOMIC DEVELOPMENT
PROJECT, ($40,000); ALLOCATE FUNDS FROM BLUE RIBBON INITIATIVES FUND ACCOUNT
CODE NO.660101-270.
Chairman Plummer: All right. Item 27. Authorizing the City Manager on professional service agreement
with Ehrenkrantz Eckstut & Kuhn Architects, P.C., for Dinner Key area, not to exceed forty thousand
dollars ($40,000). Is there a motion? Is there a motion?
Commissioner Sanchez: Motion to move.
Chairman Plummer: Motion by Sanchez. Seconded by?
Vice Chairman Gort: "aye."
Chairman Plummer: "Aye" by Gort. Are there any further discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-394
A RESOLUTION OF THE NIIANII CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
EHRENKRANTZ ECKSTUT & . KUHN ARCHITECTS, P.C., TO
DEVELOP URBAN DESIGN GUIDES AND STANDARDS FOR THE
DINNER KEY AREA AS AN ECONOMIC DEVELOPMENT
PROJECT, IN AN AMOUNT NOT TO EXCEED $40,000;
ALLOCATING FUNDS THEREFOR FROM THE BLUE RIBBON
120 June 8, 1999
-.(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Wifredo 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.
36. DIRECT MANAGER, PURSUANT TO THE REQUEST. OF THE FINANCIAL EMERGENCY
OVERSIGHT BOARD, . — -ACCEPT COMNTI`MENTFROM BAYFRONT PARK
MANAGEMENT TRUST TO REDUCE ITS BASE BUDGET REQUEST FROM THE CITY OF
MIANII IN THE AMOUNT OF $100,000 PER YEAR FOR R_ FIVE -CONSECUTIVE YEARS,
BEGINNING WITH FY 2000 THROUGH FY 2004. -
Chairman Plummer: Item 28. A resolution.... _
Commissioner Sanchez: So moved.
Chairman Plummer: ... accepting a commitment from Bayfront Park. Moved by Sanchez. "Seconded by...
Commissioner Regalado: Second.
ChairmanPlummer: ... Regalado. 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. 99-395 1
A RESOLUTION OF THE • MIAMI CITY' COMMISSION
DIRECTING THE CITY MANAGER, PURSUANT TO THE
REQUEST OF THE FINANCIAL EMERGENCY. OVERSIGHT `
BOARD, ACCEPTING • A COM[ IITMENT FROM . THE
BAYFRONT PARK MANAGEMENT TRUST .TO REDUCE ITS =
BASE BUDGET REQUEST FROM THE CITY OF MIANII IN
THE AMOUNT OF $100,000 PER YEAR FOR FIVE
CONSECUTIVE YEARS, BEGINNING -. WITH FY_ 2000
THROUGH FY 2004.
121 June 8, 1999
(Here follows body of resolution, omitted here and on file in the Office.of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None. • .
37. DIRECT MANAGER PURSUANT TO REQUEST OF FINANCIAL EMERGENCY OVERSIGHT
BOARD TO DEVELOP POLICIES AND PROCEDURES TO ASSURE THAT THE PRINCIPALS
IN THE.- ANTI -DEFICIENCY ACT BE -APPLIED. TO BOARDS, COMMISSIONS, OR
AGENCIES FUNDED IN WHOLE OR IN PART BY THE CITY COMMISSION.
Chairman Plummer: Item 29. The principles set forth in Anti -Deficiency Act be applied to Boards,
Commission or Agencies.
Commissioner Sanchez: So moved.
Chairman Plummer: Funded in whole or in part by City Commission. Moved by Sanchez.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. Mariano Acosta.
Mr. Mariano Cruz: This Item 29. Mariano Cruz, 1227 Northwest 26th Street. I see a lot of words here but,
see, I think that the Oversight Board is right on that about all these different — we got so many agencies
that's being funded by the City and what have they produced? Because there are some of these agencies are
supposed to be building affordable housing. They haven't even built a doghouse in the years. They've been
just salaries and salaries and more salaries. And what they should do, is in a way, penalize those agencies
and check them when they go there for the annual appropriations ordinance, six months to go there and get
more money or we don't have any more money. We need more money. Because; usually, that's what they
do. We are short and you see that. And they don't follow our — we don't have control over the way those
monies are spent and what we got? Like what happened by the Bobby Madura Stadium. We put money
and money for those studies and they --'Miami CBO (Community Business Organization) there in
Wynwood and what happened? Nothing was done there. And you got — then, CBO like ABDA (Allapattah
Business Development Association);" get penalized that they built for — because you get CBOs that have
built things and other CBOs have done nothing: So, I am with that in = to'check for that because there are a
lot of things that are very, very deficient. Thank you: =
Chairman Plummer: Here comes the bopsy twin.
122 June 8, 1999
Mr. Manuel Gonzalez-Goenaga: Yes. In order to — of course, it's mandatory from the Oversight Board but
this is a suggestion. In order to prevent the deficiency, what we should is — we should have, is like a fiscal
agent — no, no, no, no. Fiscal investigator. And based on what I have read recently, the best one is Manny
Garcia from "The Miami Herald" again. Thank you.
Chairman Plummer: I mean, everybody's got their cross to bear. OK. Item 29, all in favor...
Commissioner Teele: Mr. Chairman? Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Manager, I think the effective date of this should be October 1. I think the
principles, I think we all agree with, but one of the things that we tried to do was start the year off so that
everybody knows what the rules are. And, Mr. Attorney, could you — if the effective date of this was
October 1, I think it would... ;
- Mr. Alejandro Vilarello (City Attorney): In fact, Commissioner, the resolution is written to assure that the
principles set forth in the Anti -Deficiency Ordinance Act be applied.. It doesn't, actually apply. This is a
resolution.
Commissioner Teele: OK.
Mr. Donald Warshaw (City Manager): It's in spirit.
Commissioner Teele: Inspirit. And we agree with that. Call the question.
Chairman Plummer: 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. 99-396
A RESOLUTION OF THE NIIANII CITY COMMISSION
DIRECTING THE CITY MANAGER PURSUANT TO THE
REQUEST OF THE FINANCIAL EMERGENCY. OVERSIGHT;
BOARD TO DEVELOP POLICIES AND PROCEDURES, WHERE
APPROPRIATE, TO , ASSURE THAT THE PRINCIPALS SET
FORTH IN THE ANTI -DEFICIENCY ACT BE . APPLIED TO-
BOARDS, COMMISSIONS, OR AGENCIES FUNDED IN WHOLE
OR IN PART BY THE CITY COMMISSION.
-JHere 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. STATUS REPORT: LITTLE HAM NET SERVICE STATION — SURVEILLANCE EQUIPMENT,
CODE ENFORCEMENT, ILLEGAL DUMPING.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I know that we have the item — the next item that's coming up, but I would ask that
Item 32 be brought forward ahead of this item. You have a number
Chairman Plummer: Item 32, Quality of Life in the NET (Neighborhood Enhancement Team) Service
Centers and I think, Mr. Manager, this is yours, in relation to Little Haiti.
Mr. Donald Warshaw (City Manager): Yes, sir. I've just...
Commissioner Teele: Mr. Manager, the reason is that you have a number of distinguished citizens that are
here...
Mr. Warshaw: They've been here for a time.
Commissioner Teele: ... and they've heard enough, I think.
Chairman Plummer: Not enough. Too much.
Mr. Warshaw: In keeping with the commitment of the administration to bring to you up-to-date information
on what's happening in the City's neighborhood at each Commission meeting, we're going to do a
presentation from the NET office. So, today its the Little Haiti NET Office and the little Haiti NET
administrator is Roger Biamby, and rll let him begin.
Chairman Plummer: Hold it just a minute. Officer, would you please inform the people, there is no extra
charge for a seat. I think we need people to come in and sit down and we need to close these doors so that
we give the speaker the courtesy of being able to be heard. If get the doors closed, please. Thank you very
much. Mr. Biamby.
124 June 8, 1999
-b4r. Roger Biamby: Thank you, Chairman Plummer, Mr. Mayor, members of the Commission, Mr.
Manager. My name is Roger Biamby. I'm the NET administrator for Little Haiti and I have with me some
members of the community. Some have left already. But I'd like to introduce them. Mr. Bruce Armstrong,
Chairperson, Executive Director of the Coconut Grove Community Association. Mr. Rhett Flanders, who is
the Plant Manager for McArthur Dairy. Mr. Jim Keane, who is the President of the East Buena Vista
Homeowner's Association. Some of the members of the Community came but - with Mr. with Mr. Fred St.
Amand, of course, who is the Chairperson of the Little Haiti Citizens On Patrol, COP. And I'd like to take
this opportunity to introduce some of my staff. Our three code enforcement inspectors, Ramon Brunning,
Lisette Lopez, and Maria Lugo. Our code enforcement aide, Donnally Stafford, and Belinda - I guess she's
gone already. Mr. Chairman and members of the Commission, Little Haiti is a really large geographical
area within the boundaries of the City of Miami, with a total population, according to the 1990 Census, of
about 39,000 residents. However, Professor Alex Stepic (phonetic) of FLU, had indicated that this number --
the census undercounted the Little Haiti population by, at least, 33 percent. Little Haiti is composed of
various ethnic groups residing within its geographical boundary. Foremost, is the Haitian community and
they are residing within the boundaries and they are very much active in commerce in getting involved in all
kinds of activities. In the - the land distribution in Little Haiti will indicate that the industrial in the
residential area amount to about 69 percent of the area. The design district, which is one of the areas that is
actually very booming - and we had a representative from that group and he had already left, Mr. Andy
Parrish. It is one of the fastest growing areas from within the City of Miami. Industrial district, where -
McArthur Dairy sits, is located - is situated between 64th Street and 71 st Street, between Northeast 2nd and
North - and the railroad track, 4th Avenue. Little Haiti is mostly composed of Haitian residents, who, for
the past 20 years, have come to the shores of South Florida. Coming from one of the poorest countries in
the western hemisphere, they needed to be educated about a number of issues and they came with a number
of problems and they were not really prepared to live in an industrial society like ours. But we have put
together a number of programs that will try to educate the Haitian community about issues, such as Solid
Waste, Code Enforcement. So, we did. put a number - a series of workshops back in December to educate
our community, particularly, the Haitian community, about some of the problems they're facing. Together
with. the assistance of the police, we have Lieutenant Drane, who will briefly speak with you about the -
what the police is doing in the area. But, basically, we are doing everything we can to make our community
more flourishing and a nice place to live on behalf of the residents of the City of Miami. And I'd like to
introduce Lieutenant Drane, who will, then, introduce his NRO's.(Neighborhood Resource Officers) to you.
Mr. Cornelius Drane: Good afternoon, gentlemen. I will be brief. I have officer - first of all - excuse me.
I am Cornelius Drane, Little Haiti NET Commander. I have Officer Giordanni, who is NRO in the Little
Haiti area, and Officer Harvy Narren is our second NRO. And, if Lord be willing, we'll get more. I'm going
to give you just a quick outline of what police have accomplished in Little Haiti at this halfway point of the
year. The document that you are receiving now from Officer Giordanni, you can read at your leisure. It will
give you more details as to the specifics of what police are doing. Now, the goals that were set for 1999 -
I'm just going to go over the first four - was to reduce crime by four percent. -At this halfway point of the
year, we're at 50 percent reduction of crime. And reducing cost of service by two percent. We're now at
eight percent. Reducing burglaries by two percent. We're now at 24 percent reduction. The reduction of
priority calls, one percent. We're at 13 percent. And I attribute this to the officers of the Little Haiti area for
their effort in implementing the Suspicious Person Profile System, which has already been useful in
apprehending - identifying and apprehending homicide offender. Now, some of the other goals were to
create intense community policing effort, along with team policing. This has been very successful. As a
result, the different associations have come together and formulated a group called Communites United, and
we are currently addressing the concerns of the entire Little Haiti community, and that community -policing
effort I attribute to the officers, again, for their "gung ho" and motivation in doing this. Our plan of action.
A copy of that is attached and that is a result of speaking with the associations, identifying the problems,
125 June 8, 1999
and creating specific strategies that have already been implemented to address them. One being the side
watch — side team watch effort, which is a combination of combined resources of the Special Investigation
Section of the Police Department, along with the Citizens on Patrol, the community members themselves,
-residents, which actually assist in observing, identifying illegal dumping, and it's pretty much the same
concept as the Crime Watch, but they get specific information in training to identify illegal dumpers, since
that surface is being one of the priorities of the problem there. Other problem -solving strategies, being 20
Points Plan, which is attached. You'll see that. We now have an Edison Court Beat Officer, and the 30-day
problem -solving team has been implemented. What's to come is the Operation New Life Development,
which is the new explorarion work with life intervention for Economic Development. That you'll be seeing
in the package and this will be served as the umbrella to bringing the community even closer together, and
driving out the robbers, burglars, illegal drug dealings and prostitution that has occurred. And our COP's
(Community Oriented Police Services) are very instrumental. in their efforts at making this a success and a
more beautiful neighborhood for all of us to live in. II ) , .
Chairman Plummer: OK. Is there:.. - -
- Mr. Fred St. Amand: Mr. Chairman? Yes. -
Chairman Plummer: Did you wish to speak?
Mr. Fred St. Amand: Oh, I sure do. I wouldn't be here.
Chairman Plummer: All right. Then proceed.
Mr. St. Amand: Mr. Chairman, Fred St. Amand from - Chairperson, Little Haiti Sub -Council and COP. I
am here, besides the few things that I witnessed, which was not a good experience for me. I don't know if
we had some Tonton Makout (phonetic) here. But now Pm going to report to my district'we do have some.
Now, two — I am sorry that Chief Warshaw left because I wanted him, personally, to hear what I have to
say. He is the grandfather of COP program, which, I believe, is one of the best programs that has ever been
implemented 'by the Miami Police Department. But that is the program that has been most abused and you
haven't taken advantage of it. Now, I can see all the statistics that you have. Yes, crime' is down and
everything but, you know, I do have my major there and I do have also another chairperson of COP, who
can go there. And I can tell you, frankly, if the City was taking advantage of the COP program, not only it
would be beneficial because — let me speak for my group. We have over 200 volunteers in our groups. We
patrol the community everyday, in conjunction with the Miami Police Department, which has been very
helpful. We control the neighborhood. We have been doing it for two years. Nothing has been given to us.
We haven't received any help from the City whatsoever. We don't even have a vehicle. You take — at least
— every day we have at least 10 guys. We use their vehicles to go and patrol the entire community. Of
course; we got cars from businessmen who say they want to help, but we have to have something from you
_guys. We have made attempts at least to have your broken vehicles, those that -you do have your selling at
dalopies (phonetic) we're trying to have a few. We haven't got it yet. Our guys spending their own money
for gas. If you read all the stats there — and I give credit•— I give a lot of credit to those guys, those
volunteers, every day., Not only their goal is prevent crime, but they also involve with everything else,
everything else. And I have the Police Department there to really prove that because you have all the stats
there. We work with NET office, which is a must. And I am one of the very few who endorse. NET from
day one. It has been. a success and, then, I know that the office must under staff. We have received more
citizens for services than almost any other NET offices. Still —we are still under staffed. Please; the COP
program, I would like you — I. will talk to Chief about it. It is time. Because I think our volunteers are
getting a little discouraged now.. We need the resources. We need the things to-do the job:--
126 June 8, 1999
Chairman Plummer: All right. Mr. Biamby, would you like to wrap up?
,Mr. Biamby: Mr. Chairman, I'd like to ask Mr. Jim Keane to come to the mike. He'd like to say — address
the Commission.
Chairman Plummer. We've seen him many times before.
Mr. Jim Keane: And I'm afraid you'll probably see me many times...
Chairman Plummer: No. It's a pleasure to see you, sir.
Mr. Keane: Thank you. I just want to say that.
Chairman Plummer: You always come with good news.
Mr. Keane: I hope to today. My name is Jim Keane, 153 Northeast 44th Street, Buena Vista, Little Haiti,
Miami. The Little Haiti NET office, in the last several months, has done an excellent job of bringing
together various aspects of the community, Haitians and non -Haitians, alike. Mr. Biamby has formed a
Citizens Advisory Group, which is a very big cross section of the community. Mr. Biamby and Lieutenant
Drane have formed Communities United, which has 'been working on the clean-ups. A lot has been
happening: A lot of good things have been happening in our neighborhood, and we have a very dedicated
group of professionals. Our NET inspectors are some of the finest in the City. We, as residents, need the
Commission to support these professionals. They can only do 'so much. They're there more than 40 —
they're there more than 60 hours a week doing their job. They need help and we hope that you will support
their efforts and continue to give them the resources you're able to.
Chairman Plummer: Thank you. Mr. Biamby, do you wish to have a closing statement? ,
Mr. Biamby: I'd like to ask Mr. Rhett Flanders to — he's got statement to make. -
Chairman Plummer: Sure.
Mr. Rhett Flanders: My name is Rhett Flanders. I'm the Plant Manager at McArthur Dairy, 6851 Northeast
2nd Avenue. Just real briefly. I left Miami about five years ago — six years ago now and moved away. I've
been here five years. At that point, I came back last year and I've got to say, the Little Haiti area is much
improved, at least cosmetically. When we come into the area last year, it's quite a difference. One of the
things that my predecessor, Mr. Love, who had been here several times, was working on was street closures
in the Little River industrial area, and I'm glad to say that, with the help of the Assistant Managers and Mr.
Kay at Public Works, that project has been started. We want to see that finished. It's been five years in the
_making and we're —you know, it's something that we're really grad to see. It's -going to help us, as far as, we
think, limiting crime, limiting traffic around our neighborhood, and' -something that we want to see get
completed pretty soon here. So; I just want to thank you again for including that in your project.
Chairman Plummer: Thank you, sir. Now, for the closing.
Mr. Biamby: Mr. Chairman, thank you for giving us the opportunity to speak before you. On behalf of my
staff, I can assure the City Commission that we'll continue to do our utmost to serve the citizens of the City
of Miami.
127 June 8, 1999
Chairman Plummer: Thank you and it's to have you here. And we expect next year, when you come back
again, that your statistics will be double what they are today.
Commissioner Teele: Hold on, Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I want to, again, pay tribute to the Manger and the Assistant Manger.
I guess I'm a little bit disappointed because the one thing I have worked hardest for behind the scene to get
the Little Haiti Net office. And I think — you know, I've been on this Commission now for about 18 months
and I started out asking for an office and we got that office within the last two weeks. I think the tragedy in
this is, it took that long, particularly, when all of the other NET offices had offices — to have an office. We
remember. reading of the NET lieutenant that was doing his reports in the back seat of his car. They were
working out of the Fire Station. They literally did not have room for a file and a drawer and equipment.
Commissioner Plummer, I should thank you. You made a statement, which, quite frankly, I was
embarrassed about and, that is, is, that we don't have office equipment for the Little NET office. And two
weeks ago I received a call from some of the businesses in the community and the want -to -be good
corporate citizens and they will be delivering office equipment to the office this week.. But, Mr. Manager, I
would hope that the NET offices, as a minimum — and you see, I think we have to really either — Mr. St.
Amand said he was a believer of the NET concept from the beginning, one of the early subscribers. We -
either believe in the NET process or we don't. I would hope that every NET office has a basic supply of
office equipment and telecommunications equipment, fax . machines, even if it means ' starting with the
Mayor's office and the Commission office taking fax machines out of their — in -our offices and put them in
there and, hopefully, we would replenish ours from the Manager's office and the Manager would replenish
his... _. . , . - -
Chairman Plummer: Speak for yourself.
Commissioner Teele: ...from the Assistant Managers. But the fact of the matter is, I don't think there's
anything more important — and we keep saying this, Chief Martinez, that the NET is number one, but it
seems to me that when it comes down to Human Resources and when it comes down to offices, the NET
offices are still scrambling. You know, they were very polite and said "we need" and "if God helps us. You
know I'm a Christian. I mean, I m a believer in God, but God helps those who help themselves. If the
Manager will get us the other.NRO's, we .get the NRO's, and God will bless that. But God's not going to
move that NRO officer there. We need that. And I just _ we have said this in budget process, that the NET
offices take number one.. Every department in this City are hiring people. You read it every day. Well, if
everybody's hiring people and the NET are number one, every NET office, from Flagami to Key'Biscayne
or to Brickell to Little Haiti to. Model Cities and Overtown;-every NET office should be one hundred
percent staffed. And I just need to hear that kind of statement, Mr. Manager, that the.NET offices are going
to. have to scramble. If we need desks, take the desks from GSA. (General Services Administration). You
know_ , in the Army, the supply guy is going to always get his desk back. So, GSA is supply. - Let's get the
desk over there. But the point is this, we need to ensure that the NET offices get it: 'The other thing is this. .
I hope the chief will respond because I have a lot of mixed emotions about surveillance. But the Little Haiti
service area — the homeowners have all said they want more surveillance .for dumping,= and I was hoping
that we would have a report today from the Manager on what we discussed over a month ago, are we going
to move forward with the surveillance? And I really would hope that, in the future; these NET presentations
are. a little bit more about what's needed to be more effective, as opposed to how great we've done. And I
know we've done a lot of good work. And I commend the major, who's here also, Major Darling, the
lieutenant, and the Manager and the Assistant Manager. But we also need to use these NET briefings to
look at where we need to plug in. And the two areas that I m asking, respectfully, Mr. Manager, for you to'
128 June 8, 1999
look at are personnel. The NET offices should be one hundred percent, across the board, on personnel
requirements, even if it means some department doesn't have personnel. And, secondly, the illegal dumping
and the surveillance is an area that the homeowners have said they want more support, the police have said
it, and I'd like to just hear if we're going to move forward.
Mr. Donald Warshaw (City Manager): We are, Commissioner. Just for the record, going back a little bit
from December to this point forward, they only had one code enforcement officer in each NET area. Now
we have three. This past week, I'm just concluding the budget hearings and, for the first time, we're really
coming up with a meaningful budget for NET — for the first time It will have its own stand alone budget,
you know, with operating supplies, equipment, capital expenditures, people, and there are dollars built into
the budget that Pll be bringing to the Commission for additional personnel expansion of NET. There are
also some positions through the Police Department. Those NET service aides that are being paid for with
COP money, that they'll also be used to do customer service work. So, we're beefing them up. They'll be
fair across the board. We'll standardize, as best we can, all the offices, and you have my total commitment
in making sure that gets done. .
Commissioner Teele: Thank you.
Vice Chairman Gort: Mr. Chair?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: There's only one thing I want to add. I know that Buena Vista Park has had some of
the problems with some of the inspectors, and the reason being is'remodeling in some of the historical —
being a historical district, I want to make sure that the inspectors that you have comply. I understand the
historical district and the differences between the enforcement and those.
Mr. Warshaw: Yes.
Vice Chairman Gort: Because I think that's very important for that area. I've taken two tours, that they have
conducted, and the place is really becoming beautiful.
Mr. Warshaw: And we've been meeting with people from the area.
Chairman Plummer: Gentlemen, we must move on. Thank you very, very much. Exit quietly, if you may.
And we'll go back now to — I'm sorry?
39. ACCEPT ADMINISTRATION RECOMMENDATION FOR EXCLUSIVE FRANCHISE NOT BY
DISTRICT FOR CITYWIDE COMMERCIAL SOLID WASTE ACCOUNTS — INCLUDE IN RFP
INVITATION FOR INNOVATIVE PROGRAMS FOR BEAUTIFICAT`ION/COST SAVINGS —
HOURS OF OPERATION.
Commissioner Sanchez: Why don't you bring up Item 31.
Chairman Plummer: Item 31.
Commissioner Teele: Three
Commissioner Sanchez: Three.
129 June 8, 1999
Commissioner Teele: You tabled three.
Commissioner Sanchez: You tabled three.
Chairman Plummer: I tabled three and we'll get back to it. Item 31. The framework and specific guidelines
to be included — You get paid by the hour. What are you worried about? To think Jessie James had to use a
gun and a mask. All right. Mr. Manager, Mr. Assistant Manager, Mr. expert on garbage.
Mr. Raul Martinez (Assistant City Manager): Thank you, Chairman. Raul Martinez, Assistant City
Manager. On April 27th the Commission directed the administration to create a framework for an exclusive
franchise agreement not by district concept for commercial waste accounts. We did that. It was presented
at the Commission meeting of the 1 lth. That's May 1 lth. There were some questions that were asked by
the Commission. We submitted a memo dated May 19th, where I think we responded to the questions that
were specified at that time. We're now awaiting approval for the Commission, for us to move forward and
actually work on the actual franchise agreement for commercial solid waste accounts under not by district
concept.
Chairman Plummer: Mr. Patterson, you have any words of wisdom you wish to impart to this Commission
or to the public? Hello?
Mr.. Clarence Patterson (Director, Solid Waste): Yes, Mr. Chairman. We're now working on putting
together the committee that Commissioner Sanchez' resolution directed us to do and some of the haulers; of
course, have already responded to us and we are recommending that you go ahead and give us the direction
in which way you want us to go with the franchise agreement today.
Chairman Plummer: Thank you, sir. Commissioners, before I open up to the public, have any comments
they wish to make?
Commissioner Regalado: I think — Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I think that we — you know, we have dealt with this issue for several months. I
think that what the administration wants is some directions from the Commission in terms of what would
the City get, what would the residents get, what would the clients'of the companies get if we do a citywide
franchising, non-exclusive, how many companies can we allow or should we allow or.if this should be open
for anybody to work in the City? I would, personally, think that eventually would probably decide on a
citywide franchising but I think that for the administration to work with those companies, we need to set a
number of companies and within that number, give the possibility of minorities -to work within the City. I
remember last meeting — and the City Attorney may address that — that we were told, 'No, you cannot limit
because you will be open to suit." However, Miami Beach has that. Coral Gables has that. Several cities
have that. So, I ask you, Mr. City Attorney, is the issue of the number a problem or companies? .-
Mr. George Wysong (Assistant City Attorney): No. Actually, the issue of the number- is not a problem.
You could have one solid waste provider for the entire City of Miami, if you desire, or 23. It doesn't really
matter. And that's one of the issues that the administration is bringing forward, how many Solid Waste
haulers do you want to have participate in the franchise agreement? You can have it non-exclusive.
Everybody can participate that's participating now or you can choose one.
130 June 8, 1999
Commissioner Regalado: OK. The other question that I have is, we really need to know, and soon, what
.can we get? But rm really troubled, Raul, with the fact that this 25 to seventy-five dollars ($75) for each
customer keeps coming back and keeps coming back. And I know that the City has to make more money if
we want to go through all this trouble, but this will be a pass on to the customer and if you charge them 75,
they would charge the customer 95. And, you know, what we're going to do with the parking surcharge,
we're going to hit the merchants or the condominiums or the apartments with a new — rm really troubled by
this and I see that it keeps coming back and keeps coming back. And my question is, I mean, is this a must?
I mean, do we need to do this or we can organize this without this new fee?
Mr. Martinez: Commissioner, let me explain. If you gave us today the go ahead to proceed, and put
together a franchise agreement, exclusive, not by district, we will, between 45 days to 60 days, come back to
this Commission with a prepared document that you will have to approve before we go out to an RFQ
(request for qualification) and that actual document, the thick document that has a lot of legal language on it,
it would specify those issues. Are we going to charge five dollars ($5) per account, a dollar ($1) per
account, fifty dollars ($50) per account or nothing per account? It will also address the issue, such as how
much are we going to charge for the entry fee? It will address on the issues cleanliness, qualify of life, that,
to us, are the most important that we will concentrate on. The money is something else but in reality, what
we want to concentrate on are those quality of life issues: size if bins, level of service, location of bins,
appearance of vents, so on and so forth. So, if you give us the approval today, we will work on it and we
will get involved with the committee that we're forming, that the industry and citizens are part of that °
committee. - I think there's a representative on the citizen's community, there's a representative with the
business community. We will get input from them, then well go back to you before we go out to an actual
RFQ. Before we go out, you will have to approve all the items of the RFQ. If we're saying twenty-five
dollars ($25) and the Commission feels that ifs too high and it's five dollars ($5), it will go back to five
dollars ($5). It will go out as you wish it to go out for then the industry, for those that want to do sign -on for
this franchise agreement.
Commissioner Regalado: You mentioned 45 days. We will not have session in August So, what you're
saying is — because if were talking by October, you need more time. So, you need to do this in July.
Mr. Martinez: And, Commissioner, that's why the last couple times this has been extended or tabled or
deferred, fi brought it up to this Commission's attention, that a franchise agreement is a complicated
document to put together, with a lot of legal language. We want to make sure that we don't put something
there that we sign off, whether it's three years or five years or seven years or whatever, that it's going to bite
us you know where for the next five to seven years because we forgot to cross a "T" and dot an "I." From
talking to the Law Department and from talking to the people in Procurement, who are the experts, that put
this type of documents together, they're saying that it would take from 45 to 60 days to put together a
professionally prepared document, like the one that commissioner Teele was talking about today, to do it
directly. We have other documents from other areas that were looking at. You know, we're not the first
city that goes into this type of issue. We'll copy cat this but we want input We want input from the
committee...
Commissioner Regalado: Yeah. But I was saying, August, we're not here. So, for you to work on the RFP
(request for proposal), you need us to approve that in the middle of July. Latest, the second meeting in July.
Is that...
Mr. Martinez: The second meeting in July, I think is scheduled for July 27th, which will give us between —
I guess approximately six weeks between now and then._ I mean, I can tell you we will try our best to get it
here for July 27. I mean, I hate to speak for the Law Department and for the Procurement Department, who
actually had to put this together. You know, to say, "Yes, weT get it here." We'll try our best to get it here
131 June 8,1999
by July 27th, which then gives us the month of August for the industry to sign the agreements. Then, I
,guess, the first meeting in September, you know, they will come back with a signed agreement in front of
the Commission. This will not take effect until October because the cunrent permits, you know, subside at
the end of September.
Commissioner Regalado: Although, it has been seen that there is no support for the — on the Commission
for district franchising, how can we find out what will we get if we ever went to that system? Is that totally
different than citywide franchising?
Mr. Martinez: And, Commissioner, it all has to do with the three factors that were talking about as dollar
amounts. It's what we get if you're talking is dollars is the 20 percent going to go up? You know, is the
PEV account fee going to be a dollar ($1), ten dollars ($10) or fifty dollars ($50)? And is the entry fee,
which is the big item on the districting issue because, you know, if you're going to district into one company
or two companies, typically, you make a real hefty entry fee, which then, typically... it passes down to the
customer at one point or the other. So, ifs difficult to compare this unless you set the parameters. You
know, ifs like comparing apples to oranges. It will be difficult to make that comparison.
Commissioner Regalado: I have a final question for the City Attomey. Can we, in any way, control the
rates of those companies or set a certain time for the rates not to be increased?
Mr. Wysong. Yes. I guess that's commonly referred to as price controls and we made mention of it in the
report and while we're not entirely comfortable with price controls because, you know, this is a free market
economy system, it is certainly possible and other municipalities do it, other communities do it, in fact. So,
there could be some buffer zones built into the districting to allow for price controls, yes.
Chairman Plummer. Mr. Sanchez?
Commissioner Sanchez: You know, I think one of the things that we, as a legislative bony, is looking at is
to lower the solid waste fees to businesses and residents of this City. Now, I don't think that we should go
into this one with the one eye covered. I mean, I know that the City — the recommendations that we've
made. Has the City heard the other side on the issue? Has any offers been made from the other side on the
issue, the district franchising?
Mr. Martinez: rm sorry, Commissioner. The other side being what?
Commissioner Sanchez: Have we compared what they've been able to offer?
W. Martinez: Well, the industry has been involved in two different workshops. I could tell you that the
entire industry but one company is in favor of the exclusive franchise not by district. There's one company
_that is in favor of the districting concepts and that they have made that known -at, you know, the different
workshops that we held with the industry. So, the industry has been very involved We've had at least two
different meetings with two different workshops with the industry. They continuously send us letters. No
met six, seven, eight different companies at different times and different issues were suggested. They have
come here at the Commission workshop, where you — that you were at. They expressed their opinions and
their concems. We have received a lot of input from the industry. We have also received a lot of calls from
citizens. You know, and one thing that's not on this format is the citizen and I can tell you, there's one thing
that were in agreement with, the ones that call —not everybody calls, of course —that they wanted to decide
their qwn fate. They didn't want somebody to tell them, "You're going have company "A" servicing my
account."
132 June 8, 1999
Commissioner Sanchez: That has always been one of my concerns. I have expressed that here in this
,Commission. I have expressed it when I've spoken to you concerting this matter, which is, we can't have
people — we can't tell people who they could do business with. That is for sure. But let me just ask you one
thing, and I don't know the feel of the Commission on basically looking and comparing both. But since
you're telling me that there hasn't been an open negotiation on hearing on the other side, I'm going to stick
with my decision, which was the City's recommendation on this matter ... for now, unless my colleagues
come up with a better plan. Which is, our priority — remember what it is — is to lower solid waste fees and,
of course, bring better equipment in and have a better service for our constituents.
Mr. Martinez: Commissioner, one thing we can add ffids not a part of the framework that we provided, but
we listened to you, Commissioner Regalado, we can attempt to add a portion of price controls into the
framework of the agreement. It's something that we have side away with because it's legally difficult. It's
not impossible, like Mr. Wysong stated, but he may legally challenge at some point. But we will try to take
a look, how under the proposal that the administration is forwarding to you, which is exclusive franchise not
by district, how we can push and show them price controls that — to make sure that the — that those prices
are not passed down. We really thought that the value of the franchise to the industry, that they can go out
and get a contract with the condominium for three years or four years or five years or seven years, whatever
we have here. The value of that would give us you know, would be enough to make the control from
passing down some of those costs. The value in competition would do that. We would try to put — we
would try to find some legal language that would set some parameters on price increases and we would have -
to check with the Law Department because that would be definitely a legal issue with the industry.
Commissioner Sanchez: On a legal issue, no matter what decision we make on it, are we going to get
legally challenged here?
Mr. Wysong: That's really up to the industry, but I can't predict that. But right now we've had amicable
relationships and agreements with them.
Commissioner Sanchez: Are there ever any losers?
Chairman Plummer: If there are any losers, you've got a challenge.
Mr. Wysong: Well, if you go to the districting by — franchise by districting, yeah. It depends on how many
— if you say there's five districts and, consequently, only five companies can participate, then you've got
about 15 or 20 so we're left out. So, yeah, there will probably be some people on the outside.
. Mr. Martinez: The proposal that we have will be as inclusive as possible for those companies that want to
participate and sign on with the City for the — `V amount of years — which could be three, five, seven eight,
you know, and that will be decided afterwards. And will be willing to pay that entry'fee and the entry fee —
we have made it a point — we don't want it to be cost prohibitive that only, you know, one company can
afford it because, you know, we want to make it as affordable as we can, while the City makes some money
out of it. At the same time, attempt for it not to be passed down.
Chairman Plummer. Mr. Gort.
Vice Chairman Gort: What I would like — I received a copy from a company where it states the difference
between citywide franchises and the cost of citywide franchises and the cost for district franchise proposals,
so whenever the industry comes up, I'd like for you all to address that. I think it's very important to us. And
all the pros and cons on both sides.
133 June 8, 1999
Commissioner Regalado: Then, we need to have the both alternatives. Can you do that?
1A
Vice Chairman Gort: No, no. My understanding is, were going to hear from the industry.
Commissioner Regalado: No, no.
Commissioner Regalado: They're waiting for our directions to come back and talk to the industry. What
you say is that we should give you the directions to get information on both alternative and bring it back. Is
that — Willie, that's what you're...
Chairman Plummer: I really don't think we need to hear from the industry anymore. I've heard...
Vice Chairman Gort: You don't hear from them.
Commissioner Regalado: No, no, no, I'm not talking about the industry.
Commissioner Teele: Would you yield one minute. - -
Chairman Plummer: Mr. Teele.
Commissioner Teele: Thank you, Commissioner Regalado. Look, we have discussed this: We've debated
this. But we can't make a decision and give the management instructions. Now, at some point, the five of us
have got to vote on something. I mean, this is the third time around on that since Commissioner Sanchez
has been here. It's been up twice before he got here. So, we aced to give the management some type of
instructions, is that right, Mr. Attorney, Mr. Manager?
Commissioner Regalado: That's what Pm saying.
Mr. Wysong: Yes.
Commissioner Teele: That's the point Commissioner Regalado's going to. And are we going to do that
today or ate we going to do that later?
Mr. Wysong: Today.
Commissioner Regalado: Today.
Commissioner Sanchez: Right now.
- Vice Chairman Gort: Right now.
Commissioner Regalado: Right now.
Commissioner Teele: Look, I apologize, Commissioner.
Commissioner Regalado: No, no. I'm fine.
Commissioner Teele: I don't what — I mean, I don't know where we are on this. We voted on it two or three
times, but the franchising thing apparently won't die. So, if the issue is to do a study or to go out with a
proposal — this is what Commissioner Plummer was saying the last time. What good does — I mean, what
134 June 8, 1999
harm does going out with a — what harm does it do to go out with a proposal and see what comes back? I
have never been that comfortable with that, but I don't see the harm that it does. If you all are going in that
direction, I have some concerns that I would like to raise. But if you're not going in that direction...
Chairman Plummer. Well, let's fish or cut bait, OK? I mean, it's...
Commissioner Teele: But before you do, I have one issue that will cut through that.
Chairman Plummer: All right. Mr. Teele, your one...
Commissioner Teele: You wrote a memo — and I apologize. I can't lay my hand on it. Something about the
NET offices or Solid Waste will approve every...
Mr. Martinez: Account.
Commissioner Teele: ...account. rm adamantly opposed to that. I'm one hundred percent opposed to that.
Government will not do that in a timely fashion and there's no need for us to pretend that we will on a
Thursday before the Friday holiday, with the Monday Fourth of July. Nobody's going to be around. And if
you would change that to say that the City shall have 30 days to approve it or concur with it — but we can't
have a vendor — we can't have a grocery store or a fish market waiting for the government to approve the
size of its container. I mean, we need to put ourselves in this thing. Give ourselves 30 days and within 30
days, well either veto it or approve it or whatever. But to wait until the government approves the delivery'
of a dumpster or a container, I think is just asking for something government doesn't do well. And I agree
with the concept but let's just change where we get into it.
Mr. Martinez: Commissioner, that's not a problem. Some others in the industry have said the same thing,
that, you know, the bureaucracy of approving the per account permit may delay service and that's what we
want to work for. We want for you, as the Commission, to give us the approval. Let's go'forward and put
together an RFQ and a franchise not by district concept and well work out this concept, whether its 30 days
or two weeks or so on and so forth, and well work it out, but we really need to move forward on this.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer. Well — excuse me. When you speak to districts, I don't necessarily mean the
Commission districts, did you?
Mr. Martinez: No. I don't think...
Chairman Plummer. Because I recall that, when we spoke before, you could have 15, 20, 10, 9, 8, 7 districts
not necessarily relating because there's no question. As Commissioner Teele brought out, that if you went
to Commission districts only, mine is the plum because mine has all of the hightises and, without question,
everyone of them dirty devils would be out trying to get my district, you know. So, you can't do that. And,
without question, you understand, if you went to the districts, then its got to be split up in some way that's
equitable.
Commissioner Sanchez: W. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I am ready to make a motion, hearing that none of my colleagues are ready to make
a motion.
135 June 8, 1999
Chairman Plummer: Well, no, sir because even the Chairman has a right to ask questions once in a while.
Commissioner Sanchez: Absolutely.
Vice Chairman Gort: You always do. What do you mean once in a while?
Commissioner Sanchez: With all due respect And you always do anyway.
Vice Chairman Gort: You always do.
Chairman Plummer. Would you guys go back to sleep, please?
Commissioner Sanchez: No.
Chairman Plummer. Thank you.
Commissioner Sanchez: Listen, we've got to move on.
Chairman Plummer. Mr. Martinez?
Mr. Martinez: Yes, sir.
Chairman Plummer. The one thing that I really have a serious problem with — I brought out time and time
again — is the hours of pickup. You do not differentiate here between picking up in a commercial area and a
residential. This morning I had the melodious tune of my dumpster being emptied and I want to tell you
something. My poor neighbors I feel sorry for, even though it was 9 o'clock in the morning, when he gets
out there and bangs on them cymbals, it is unconscionable that, at 6 o'clock in the ' morning, that my
neighbors or any residential people should have to listen to that noise. You're speaking here until 11 o'clock
night, sir. I think seven to seven is reasonable. I could not vote for six to 11 p.m. That means they've got to
put another truck on to do the job but, sir, you've got to differentiate where they are picking up in a
commercial area as opposed to a residential area. I am concerned in your comments here in reference to
revoking their franchise right by non compliance. I think it is very vague. I think that what you have here
has got to go a long way fiuther if we are going to try and exercise the right to say, "you're either going to be
a good company or you're going to be out" The other area that I was worried about in — and it has to be
worried about — as you know, one of the things that we talked about in the exclusive franchise was the right
of not passing on to the people but reducing their account by "x" amount There's no question that, in the
final analysis, its the consumer who pays. And let's not kid ourselves. If it's going to be seventy-five dollars
($75) per unit per year, the people, who are the recipients, are going to have to pay that fee and I think there
needs to be a way of finding — because, remember now, these guys are going I& be doing a lot more work.
They're going to be a lot better off and I don't know that we should allow them to increase their fees in that
kind of an amount of money. So, those are the areas that Pm worried about I'm also worried about, as it
stands today, all of these bins or dumpsters, whatever you want to refer to them, are out on the street.
They're not off of the street They're either in the public right-of-way or in the street and I think that's
wrong. I like the community clean-up, as we've expressed from Miami Beach. They did it very successfully
over there. I think either three or four times a year, where they put out and let you go and get rid of all your
bulk right now. No penalties, no nothing. Take it one block or two blocks. Get rid of your bulk and I think
that is a very, very way that should be done. Transferring. Mr. City Manager, a long time knowing this
industry, I have to take you back 25 years when any transfer had to come before this City Commission
because of some of the people who were in the industry were not the most upright citizens in the world. I
136
June 8, 1999
am concerned about transfer rights, OK? I am very concerned about that. Other than that, sir, I think you
have to go very strongly on the loss of franchise. I think you have to hold that card over their heard that, if
they're not going to be a good, substantial citizen in this community, we don't need them and we don't want
them. So, those are my thoughts and my ideas.
Vice Chairman Gort: Coming back on the hours.
Chairman Plummer. Mr. Gort.
Vice Chapman Gort: You're suggestingfrom seven to seven?
Chairman Plummer. rm suggesting in a residential area, seven to seven. Where they are contiguous to
residents. In commercial, Mr. Gort — Willie, it doesn't make any difference.
Vice Chairman Gort: No, I understand.
Chairman Plummer. OK. - -
Vice Chairman Gort: But most of the commercial areas are abutted by residential. You've got...
Chairman Plummer. Well, if that's the case, then seven to seven operation.
Vice Chairman Gort: And that's the case, which has to be improved also.
Chairman Plummer: I think that's reasonable.
Vice Chairman Gort: Sundays. All right. There's some people, I understand, pick up on Sunday because I
receive complaints from the neighbors. That's the only day... ' .
Chairman Plummer: Sleep late on Sunday mornings.
Vice Chairman Gort:... they can sleep late on Sunday morning. I don't but some people do.
Chairman Plummer: Mr. Patterson, you wish to comment?
Mr. Patterson: I just want to point out something to you. You make reference to residential areas and many
� people think you're talking about single-family homes. Since your district happens to have all of the plums,
as you've mentioned earlier, all of the high-rise condos and some of the owners in your area and those are
some of the areas that we get complaints fromwhere the pickup is made too early.
Chairman Plummer: Sir, rm referring to residential, whether it's high rise, low rise, single family or
whatever...
Vice Chairman Gort: Let me tell you.
Chairman Plummer. Where people are disturbed.
Vice Chairman Gort: It's very simple. At one time, we used to have the — we used to pick up apartment
buildings where they have the trash cans in the back and they had the capacity to put it in the back.
Unfortunately, when we changed that and they went into the larger bins, now they have to be up front
137 June 8,1999
because they don't have enough room in the back. Those are in the middle of residential areas. Those are
the ones we have to look for.
Commissioner Sanchez: Mr. Mr. Chairman?
Chairman Plummer. Mr. Sanchez.
Commissioner Sanchez: Hearing no motion, I'm going to present a motion.
Chairman Plummer. rm listening. -
Commissioner Sanchez: Motion to go ahead with the City's recommendation of citywide franchising. Let
the competitions begin out on the street. The consumers are the ones that are going to benefit out of it.
Chairman Plummer. There's a motion.
-- Commissioner Regalado: I will second that if — also, if the maker of the motion will add an analysis of —
just for the sake of knowing — what would a franchising per district will bring to this City? Is that...
Commissioner Sanchez: I'm not going to add that to the motion.
Commissioner Regalado: It's not — it's just an analysis, not a full-fledged RFP.
Mr. Martinez: And, Commissioner, unless you tell me...
Chairman Plummer: Hold it. Is there a second to the motion?
Vice Chairman Gort rll second for discussion.
Z
Chairman Plummer: There's a motion seconded. Now for discussion. And I will allow the Assistant City
Attorney to make the next comment.
Mr. Martinez And, Commissioner, we can do an analysis, you know, after we can come with the RFQ to
do, as Commissioner Sanchez motion states... .
Commissioner Regalado: That's what I said.
Mr. Martinez: It goes back to you. But we would need to know from you what type of rates would we
charge under a franchise by district? What type of entry fee will we charge for a franchise by district? So,
we can compare apples to apples. We can say, under the RFQ that we're_ proceeding, which is the
administration's recommendation, you'll make so much, so on and so forth. Under the analysis, how much
will we charge those companies to get district one or district six or district seven, so on and so forth. It's a
large... I could give you a number but it will be guesswork, you know. If we would have done this way, this
is the way we would have done it. But — I mean, I don't know how much validity that would have. We'd be ,
coming up with numbers that don't — really don't have any meanings.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding now, if this is awarded, they'll have a — they'll be able to sign a
longer contract with the clients and, therefore, that should be able to bring the prices down.
138 June 8, 1999
Aft. Martinez: That is correct, sir.
Chairman Plummer: To bring the prices up.
Mr. Martinez: And as we work the franchise agreement, whether ifs eight years or seven years or five
years, so on and so forth, and we hope — and the industry has said — I think the last time the industry said,
there's value to getting an account for 'W' amount of years. There could be some value because that they
may be able to depreciate some of the equipment for a long term, so on and so forth. We hope that the value
cannot control — cannot access price control but we will, as I've committed a couple minutes ago, we will try
to put some verbiage here if, legally, we could do it, that extracts price controls under this agreement.
Vice Chairman Gort: Then, under this agreement, if someone comes in in the industry and offers the service
at a lower price, that person should be able to do a lot better.
Mr. Martinez: Conect. And that s the choice that people want.
Chairman Plummer. But they can't do it unless they come in under the original registration. Then they're
locked out. And d afs if you get a lawsuit. Thafs where it's going to come from.
Vice Chairman Gort: Go ahead. Call the question.
Chairman Plummer: Any other discussion?
Commissioner Sanchez: Call the question.
Chairman Plummer. No other discussion? OK. Call the question.]
Vice Chairman Gort: No. Wait a minute. We're voting on the amendment, right?
Chairman Plummer: No.
Commissioner Sanchez: No, no, there is no amendment.
Chairman Plummer: He would not accept the amendment. Thafs why Pm asking...
a Commissioner Sanchez: No, no amendment.
Vice Chairman Gort: OK, OK.
Commissioner Sanchez: And that — and my motion is to have...
Chairman Plummer: There was no amendment.
Commissioner Sanchez: ... the City go ahead with the citywide franchise.
Chairman Plummer. You seconded it. He made the motion. You seconded it. He tried to offer an
amendment, which was not acceptable to the maker of the motion.
Commissioner Regalado: I second it. Thafs why.
139 June 8, 1999
Chairman Plummer. No, sir, you did not.
Commissioner Regalado: Oh, OK.
Chairman Plummer. Mr. Gort seconded it for discussion.
Mr. Foeman: Initially, he did with an amendment that wasn't accepted.
Chairman Plummer. It really is immaterial who seconded it.
Commissioner Sanchez: Irrelevant. Go ahead.
Chairman Plummer. All right. Let's start over and we're starting over with a full understanding that Mr.
Sanchez made a motion to accept the recommendations of the City administration. It was seconded.
Addendum was tried to add. Was not acceptable to the maker of the motion. Now, does everybody
understand where we are?
Vice Chairman Gort: OK. _
Commissioner Teele: So, the intent of the motion that was not accepted was what?
Commissioner Regalado: To know what — what's the difference in term of service and income for the City
between the two alternatives.
Commissioner Teele: But there's — see, my — I support that but I don't support — but it seems to me that the
only way to know that is really with an RFP. I mean, irs sort of like playing poker with beans and playing
poker with money. I mean, you get a different outcome. I mean, you're not going to know what the
franchise...
Chairman Plummer: Sir, rm going to allow them to speak...
Commissioner Teele: OK. Well...
Chairman Plummer: ... as I allowed you to speak. All right? Now, again...
a Commissioner Teele: I withdraw my — rm just trying to understand where we are.
'Chairman Plummer: Is everybody finished? Lers go one more time for clarity sake. The motion made by
Mr. Sanchez, to accept that, is the recommendations of the City administration. It was seconded by Mr.
Gort. W. Regalado tried to do an amendment but it did not accept by the maker of the motion. That is it
and that is what is being voted on. Am I correct?
Vice Chairman Gort: No.
Chairman Plummer. No, I m not.
Vice Chairman Gort: Regalado seconded the motion.
Commissioner Regalado: Thars what I said.
140 June 8, 1999
a
Chairman Plummer: Sir, you seconded the — who seconded the motion?
Commissioner Teele: Ask the Clerk. Initially, Commissioner Regalado made an amendment that wasn't
accepted by the maker of the motion.
Chairman Plummer. He made an amendment. You seconded it for discussion.
Commissioner Regalado: No. I seconded it and then Willie second what I said. Whatever.
Chairman Plummer: All right. All right. It's getting late.
Vice Chairman Gort: Move on it.
Chairman Plummer. You know, its the fuzzy hour.
Vice Chairman Gort: We're voting on Sanchez' motion.
Chairman Plummer. All right. We're voting on Sanchez' motion. Call the roll.
[CONEV NTS MADE DURING ROLL CALL]
Chairman Plummer: I didn't have the right to make a motion, nor did I have the right to second a motion, as
the presiding officer. I didn't disagree with Mr. Regalado's motion. Pve always been one who wanted to get
all the information that we could get available and being able to compare. I like what the City has offered
and I think that is where my vote would lie. But I have nothing to compare it to. So, I have no choice but to
vote for the motion as its presented before us today. Thank all of you for being here.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-397
A MOTION ACCEPTING THE CITY ADNUMSTRATION,S
RECOMMENDATION IN CONNECTION WITH AN EXCLUSIVE
FRANCHISE NOT BY DISTRICT CONCEPT FOR CITYWIDE
COMMERCIAL SOLID WASTE ACCOUNTS.
Upon being seconded by Vice Chairman Wifredo 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.
141 June 9, 1999
Chairman Plummer: We're now on item...
Commissioner Sanchez: Three.
Commissioner Teele: Well, wait a minute. Wait, wait, wait, wait. Mr. Chairman?
Chairman Plummer: No, we're not on three. Wait, wait, wait. Hold on. Mr. Teele.
Commissioner Teele: It's not that simple now. I mean, that's the first round.
Chairman Plummer. And what — is the second round supposed to be today?
Commissioner Teele: Yeah. I mean, that was a motion...
Chairman Plummer. Tell me what you're thinking.
Commissioner Teele: Well, the one thing that I want in this RFP is, I want to understand some timetables
and time lines and all of that. I mean, you know...
Chairman Plummer. To the administration. Mr. Martinez?
Commissioner Teele: I need to understand, is this an RFP, RFQ? What's the time line? I mean, give me
some parameters here because... '
Mr. Martinez: Commissioner, we initially had said we needed 45 to 60 days to come out with an RFQ that
would then give the industry — once this Commissioner approves the RFQ, then we go out and give the
industry 30 days, for those that want to join and sign the agreement. Commissioner Regalado made a point,
for us to try to bring it back July 27. Because 45, 60 days puts us in the month of August, when the
Commission doesn't meet. And we will make every attempt that we can to bring this back by July 27 for an
RFQ. If the Commission approves it, then that gives you basically the month of August for the industry to
sign off. Then, at a Commission meeting in September, the Commission will accept those companies that
were deemed responsive to the RFQ by willing to abide with the agreements of the franchise.
Chairman Plummer. Mr. Martinez, let me beat you up a little bit. I can't accept the terminology "you'll try."
Now, if you need to put more men on the job to get this valuable source of revenue and to get better
u clean-up service for this City — W. Manager, I hope that you will provide the necessary manpower that I
don't have to hear "we're going to try to be back." rd like to hear, we'll be back on the 27th with a final
analysis.
Mr. Martinez: We'll back on the 27th with a final analysis.
Chairman Plummer. That's what I wanted to hear.
Commissioner Teele: Mr. Chairman? Mr. Martinez? Hold on. Mr. Martinez, Pm prepared to make a
motion, if you need it, but one of the things that I would like, to the extent an RFQ allows for it, is any
innovative concept. In other words, the point that Commissioner Plummer is making, the point that
Commissioner Regalado is making, is oriented toward district franchising. Pm just not comfortable with
that. On the other hand, if someone wants to put in writing, as a part of their qualifications, the.kind of
innovative program that they would like to do in the City, whether it be beautification, whether it be
142 June 8, 1999
_L
anything, I think we should invite that and I really do believe — Mr. Attorney, help me because I understand
.what an RFQ is and I understand what an RFP is, but I really think that we're selling ourselves short. And
Commissioner Plummer made this point very clearly in the last meeting, is that we should not limit what the
industry can come up with in terms of innovation, in terms of cost savings, in terms of those things that we
want. So, in the context of a district -wide franchising concept, I would hope that we would invite those
persons, as a part of their qualifications, to propose to us, as a part of their qualifications, what they would
do to make this system work better or to create a new system maybe that we have not looked at or some new
ideas. I mean, somebody's talked about, you know, like NET days, NET weeks where you have, you know,
containers out there to pick up trash and those kinds of things. We should not limit — this should be a floor
and not a ceiling. Would you need that in the form of a motion to do that or are you comfortable providing
that, Mr. Attorney?
Mr. Alejandro Vilarello (City Attorney): Commissioner, I think I'll comfortable with providing the advice
of the administration on that. Normally speaking, that would be in the nature of a request for proposal but,
perhaps, as part of in addition to the request for qualifications, if they could propose some new and
innovative kind of ideas that the administration could consider. I think I have enough to advise the
administration on that.
Commissioner Teele: I would so move that.
Chairman Plummer. State your motion.
Commissioner Teele: Mr. Attorney.
Mr. Vilarello: It would be to include, as part of the request for qualifications, an additional invitation for a
proposal on innovative or ideas of a different way to deal with the issue. .
Vice Chairman Gort. To improve the aspects of it.
Chairman Plummer. Is there a second?
Vice Chairman Gort: Second.
Commissioner Regalado: Second.
Chairman Plummer. All right. Motion understood?
Commissioner Regalado: Yeah.
- Chairman Plummer: All right. Call the roll.
143 June 9, 1999
T.he following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-398
A MOTION INSTRUCTING THE CITY MANAGER TO INCLUDE IN
THE REQUEST FOR QUALIFICATIONS (RFQ) FOR
COMMERCIAL WASTE HAULERS AN INVITATION FOR
PROPOSAL(S) ON DIFFERENT INNOVATIVE PROGRAMS FOR
IMPROVING CITYWIDE BEAUTIFICATION, COST SAVINGS, ET
CETERA.
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.
40. DEFER CONSIDERATION OF -ACQULSTTION OF ' 1,0Z9 XTS 3000 PORTABLE RADIOS
WITH ACCESSORIES; AND ` PROVISION'' TO' TRAD&INT EXISTING, RADIOS; FROM
MOTOROLA, INC, FOR THE DEPARTMENTS OF POLICE AND FIRE -RESCUE, (S39436,36015).
(See labels 9 + 54)'*;`
Chairman Plummer. All right. Item 3. Item 3 is in reference to Motorola Mr. CityManager.
s^
Mr. Donald Warshaw (City Manager): I'm trying to get Major Longueira
Chairman Plummer: Mr. Motorola?
Major John Longueira: Yes, sir.
Chairman Plummer: Proceed.
b Major Longueira: All right. Commissioners, we're asking today to purchase radios; the bulk of them for the
Police, the balance for the Fire Department. The City has a radio system that, we all acknowledge, is old.
Our current radios, and the system itself, have problems with them. One of the issues for us is, the officers
carry radios that are very old, technology wise and part wise. A lot of the parts stopped being manufactured
three years ago. We can't even obtain the parts. Motorola doesn't even repair the radios anymore. Now,
we've had problems in parts of this City in competing with cellular phone services. What were hoping to do
is, these new radios will help close the gap in one part of the radio system problem and, that is, the radios
that the officers carry. We bought 50 of these radios. We use them out west in Flagami, and the officers do
have unproved performance out in that area OK? At the same time we're doing this, GSA (General'
Services Administration) is working on a contract for a vendor to come in and evaluate the backbone of the
144 June 8, 1999
radio system. At this time we're currently allocating about one point five million dollars ($1,500,000) of
.additional monies in CIP (Capital Improvement Projects) for the radio infrastructure, and that will be
coming the next time the CIP program is brought to you. And we hope to take that money, after the
consultant's report, and make other improvements to the system, but there's a lot of holes in the system and,
at this point, we need to resolve the issue of the radios for the officers.
Chairman Plummer. Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am like devil's advocate here. Like you
acted the last time, it was something about buying radios. You made a lot of questions, technical questions.
I remember that. You were talking about the mega...
Chairman Plummer. And Pll be doing it again today, sir.
Mr. Cruz: About the mega...
Chairman Plummer: I don't need any help.
Mr. Cruz: Well, about the megahertz, everything. Because, see, I want to say, the radios are obsolete, the
ones that they have. How old are those radios? Fourteen years old, three years...
Major Longueira: Fourteen years.
Mr. Cruz: What about those radios — bought about five years ago? That was a different radios?
Major Longueira: No. It's a different type of radio, but there were only 400 of those
Mr. Cruz: Right. Because, see, I am concerned. Like they were telling that time that all those radios
couldn't be monitored by scanners, people checking with the police. They say that this radio, somebody else
with a scanner, check what the police is saying. Checking the band frequency?
Major Longueira: All of the frequencies are public records. The issue is, is whether they can track, through
the trunking system, the messages from each radio. It changes all the time. So, its difficult to do, but it can
be done, and that's the law. I mean, everybody has the right to do that. We don't have an issue with that. In
areas where it's very sensitive, we have radios that encrypt the message and they can't read it.
Mr. Cruz: OK.
Chairman Plummer. Let's speak to the purchase.
1
Mr. Cruz: No. I am concerned because a lot of money — and one thing I know there is trouble. I know
because, in Allapattah, the patrol officers have to go to the Fire Station at 12' and 20th to receive so they
can't be transmitted by radio. Right. Is that the way they do it now, in some places? It can go by — can't use
a radio in many places. There's nothing against it, if we're going to get better service in our neighborhood,
better response time, I am for that. Thank you.
Chairman Plummer: Mr. Manager?
Mr. Donald Warshaw (City Manager): I'll just like to state for the record about the funding for these radios.
In the last three or four years, when the Police Department has had this Law Enforcement Block Grant
145 June 8, 1999
money in past years, even last year, it went into, basically, the general fund; went to the City the year before
that, and we needed these radios in the Police Department for a long time. The golden opportunity here now
is, especially because there is no commitment next year for this kind of a revenue sharing block grant, so I
was able to take this three point four million, find a non -general fund source to purchase these radios
without impacting on the City's budget and, you know, the timing is perfect because we're in desperate need
of them. But three point four million is a big number and it's money we just didn't have in the past three
years. So, I think this is the time to do it.
Mr. Armando Aguilar: Good afternoon, Commissioners. Armando Aguilar, Vice President, Miami FOP
(Fraternal Order of Police). I do agree that the whole system needs to be revamped, but the problems we're
experiencing now are right down dangerous. Our radios are malfunctioning at an alarming rate and, even
though these new radios might not be the overall fix of the problem, they are compatible to a new system
when we get one and they will increase our communications. rm afraid that one of our officers is going to
end up getting hurt on the street because they can't call for help or that one of our citizens is not going to be
able to get the help they need because our officers can't hear the call. Thank you.
Chairman Plummer. Elena.
Ms. Elena Carpenter. Elena Carpenter, 3838 Irvington Avenue, Coconut Grove. I think it's very easy
sometimes for the citizenry to stand back and watch you all do our goverment work for us. It's a very.
comfortable position. You're doing all the work. It's also very convenient and comfortable for us to sit back
and know that our police officers are protecting us and looking out for our safety. I have spoken here many
times as a concerned citizen, Mr. Plummer, and today I speak to you as a concerned mother. My son is a
police officer for the City of Miami. I understand, from many of these fine people who know what they're
talking about and from dispatchers that these radios don't work. They fail. Half of the communications are
delivered. The other half is not. I know you're concerned about the study coming after the purchase of
these radios, which are with federal fimds. I am concerned that, while you're doing your study and waiting
on the purchase of radios, our police officers are at risk and, somehow, it doesn't weigh in my mind at all. If
you can tell me, all of you, that you can put your sons and daughters out there and risk them while we do a
study, rll buy it. But put your kids out there or put your grown-ups out there because they're not kids. But,
in the meantime, let's solve the police problem right now and ensure their safety, as they are ensuring ours
and, then, do all studies in the world, but don't put our police officers' lives in jeopardy. Thank you.
Vice Chapman Gort: To you, he could be a chief and still be your kid.
Ms. Carpenter: He'll always be my kid, but he'd hate me if he heard me now.
Chairman Plummer. And just for your edification, I have one of the new radios and where the problem
exists, it exist with the new radio, with the old, just for your information. In the Flagami area — and- it's
going to be that problem, as long as Nextel Communications is in that area with two-way radios, but well
speak to that issue when I come to my turn to speak. Mr. Goenaga
Mr. Manuel Gonzalez-Goenaga: Well, I am surprised to hear that Mrs. Carpenter, her son, is a police
officer. Well, I feel more at ease with the police without radios because I have never been arrested for many
years now. And when the last time — I vividly remember when I was arrested — the radios were functioning
perfectly because like 10 policemen, in their cars, came to pick me up at Beacon Boulevard, at a quarter to
four. So, for heaven's sake, no more radios. Thank you.
Commissioner Sanchez: J.L.? Mr. Chairman?
146 June 8,1999
Chairman Plummer. Mr. Sanchez.
I A
Commissioner Sanchez: Mr. Chairman, this is probably one item that I could speak from experience. I
know bad radios.
Chairman Plummer: Yeah, I'm sure you can because Motorola screwed up the Florida Highway Patrol and
their radio system so — sure you can speak to it.
Commissioner Sanchez: And rm glad you're aware of that. Let me tell you something. The two most
important things to a police officer is his handgun and a radio. That radio is his lifeline for help. When I
was with the Florida Highway Patrol, the MT-500, they were good for only one thing and I'm not going to
say what it was good for.
Chairman Plummer. I know.
Commissioner Sanchez: But I, myself, found myself in a couple of situations where I called for help and I
wasn't able to get across.
Chairman Plummer. Because of the relays.
Commissioner Sanchez: And that is the most frightening experience Pve ever had. And, as a Commissioner
up here and a former law enforcement officer, I'm telling you, I will not put any officer out there, risking his
life day in and day out, without an adequate, good radio, to push that red panic button or get on the radio
and call for help. And I ask that every Commissioner here think — before he makes his decision, to think
what kind of situation that officer is going to be in if we don't come up with an adequate radio system that's
not 14 years old, where there are dead spots in the City where they can't communicate.
Chairman Plummer: That's the problem.
Commissioner Sanchez: OK? But, let me tell you. Everyday that they're out there — and we are aware of
the problem now, J.L. It's public record. It's been brought out and its been discussed today. If tomorrow,
forbid, that'an officer gets hurt because the radios don't work, we will be held accountable and, God forbid,
that I couldn't stand up to their children and their wives and parents, as a Commissioner. So, I ask that each
Commissioner here, please, support the Miami Police Department in granting them their radios. Thank you.
Chairman Plummer. Mr. Sanchez, to you and to others, I am the very first one who says that we need new
radios. I have been sending memos to the Manager of the dangerous situation that has been existing for
over six to eight months. We have talked together with Longueira about a system of bringing in a consultant
to come in and study the problems that we are experiencing in our communications system. The problem
that exists today is not the radios in — by themselves. We never had a problem vdth the radios when we had
a fust-class communications department. That was a full-blown communications department that did
repairs, that now have two people assigned to repair radios. And, if that's the case that's going to be with the
new ones, you're going to have the same damn problem. Now, let me say to you, without any question.
Motorola says, "Well, we're going to fix your radios. We're going to fix your radios if they go back within
the three or maybe four year warranty period," but you've got to send them up to Illinois. Now, they're
saying you're going to get them back in three days. Well, they told me that about my cellular phone, and
three days was 16 days. And that's going to be — no longer are we going to have in the interim. We're going
to be without radios. And there's no i� ands and buts about it. Now, anybody that does business in a very
logical manner knows you don't go out and build a house and then go to the architect. You go to an
architect first and he tells you the proper way to build a house. We're going to run out here now, without
147 June 8, 1999
bidding, bidding a three and a half million dollar ($3,500,000) contract — No bidding. Sole source —and,
then, we're going to go get somebody to tell us what's wrong. Now, that makes no sense to me whatsoever.
I mean, you know, if there was this great dying emergency, why didn't they do something six and eight
months ago when I asked them to bring in a consultant? They haven't even gone out with an RFP (Request
for Proposal) to bring in the consultant but, yet, we're going to go out and we're going to buy radios, to put
them into a system that is screwed up and is not working and, then, were going to say to the consultant, "tell
us why." If that makes sense to you, it does not to me. I tried one of the new radios, without any question,
and I went to 57th Avenue and 7th Street, where they're saying there is their major problem and with the
new radio, there is problems. And the problems are existing because of Nextel and their communications
system that is — there is an interference between the two systems, which we have now already, as rightfully,
complained to the FCC (Federal Communications Commission) and we've asked them to address the issue,
to try to resolve the problem of the interference. rm sick and tired of no competition. We are limited only
to one company. We have not compared prices. I once was told that they are coming out with a
state-of-the-art radio in the next couple of months. Now, rm told that they're not coming out with it. All rm
saying to this City Commission and to this City, if I thought, without question, of buying the new radios was
going to take and solve the problems, buy them, because we need radios. There is no question. By the way,
just for the record, in the old radios, we got six years. The most that Motorola today is offering is four, not
six, as they did with the old radios. No local repair. You're going to send them to Illinois and, hopefully,
you'll get them back in three days? You know what I know, that's hogwash. Gentlemen, you have to vote
your conscience. I've got to vote mine. I don't want to ever - and I have never, in 29 years, put one City -
employee in jeopardy when it refers to safety. I wouldn't do it today. But let me tell you something. The
way that this is being proposed to do business, in my opinion, is absolutely wrong. You get the consultant;
he comes in; he tells us what we need to do to fix a messed up system and, then, you go out and you spend
your dollars. Pm finished.
Vice Chairman Gore Mr. Chairman?
Chairman Plummer. Mr. Gort
Vice Chairman Gore I have a question then. My understanding is, you're going to have a consultant come
in and do a study.
Chairman Plummer. Yes.
Vice Chairman Gort: Could that consultant come back and say, these radios do not work?
Mr. Warshaw: No. Can I answer that?
Major Longueira: No, sir.
Chairman Plummer: See, they're going to tell you, Mr. Gort — let me tell you what they're going to tell you,
because I know their line. Their line is always the same. "You can't buy any other radio because Motorola
has the base equipment and nobody else but Motorola can sell equipment to the City," and it's wrong. There
are other companies out there. You can't convince me to go out to a three and a half million dollar
($3,500,000) bid for a sole source. It's wrong. It might come back. It might — Motorola might be the
winner, but you'll never know because you know why? They didn't go to a bid.
Mr. Warshaw: Commissioner, there's a couple of things. And what Commissioner Plummer says is
accurate and truthful. The problem is, because the radios are 14 years old, in addition to not operating on
57th Avenue and 7th Street, they don't operate in places where there is no Nextel interference. That's the
148 June 8,1999
first problem. Second problem is, the guts of the system, which is are placement of the entire system, which
,was something that was part of the Stierheim Plan when I was the Police Chief, is part of the overall capital
needs that the City has, which is in excess of a hundred and twenty million dollars ($120,000,000). That's a
twenty-five to thirty million dollar piece to redo this radio system. So, we have a couple of choices. We can
go to a consultant for a brand new radio system, which includes 1500 radios and the new system. We're
probably looking at twenty-five, twenty-eight million dollars, with the radios.
Chairman Plummer: Got to do it eventually.
Mr. Warshaw: What were saying is, right now, certainly for the next five to seven years, we can buy these
radios, work with the radio system we have and, then, when the City gets healthier, be able to look at it. We
can't afford to do a twenty-fiveJthirty million dollar purchase of a new system citywide now. We just don't
have those dollars. At least, until we can access the credit markets and go out for bond issues and, you
know, we're just not in that position today. But I want Major Longueira to add...
Chairman Plummer: Mr. Gort, you know why'the City of Miami has so many radios? I'll tell you. Because
to keep frequencies, we made a promise somewhere along the line, that we would add 500 radios per year
until we reached the 2500 level. We have tree trimmers with radios. We've got everybody and their brother
with radios. Bring them in and give them to the Police Department and let them use the parts that are
needed. That's the way an economy would work. In my opinion, that is the way you would do smart
business.
Commissioner Sanchez: J.L., that's the way a third world country would work.
Chairman Plummer. No, I disagree with you, my friend.
Commissioner Sanchez: OK? Those radios — first of all, if we go with a new system, somebody else, the
parts may not be compatible, so, therefore, we are forced to go with a new system, which:the City Manager
has just directed that we don't have the money. So, therefore, the only solution that we have as a remedy to
come up with what funds we have now to assure that these officers are out there with a safe radio.
"- - Chairman- Plummer. Mr. Sanchez, competition is a way of•life in this country.
Commissioner Sanchez: Pm the first one to admit it. I just voted for the...
Chairman Plummer: Well, you sure don't have any in this, do you?
as
Commissioner Sanchez: ... garbage issue, because its competition free market.
Chairman Plummer: Look, rm not going to say anymore. I think it is a lousy way of doing business. I think
it is a very dumb way of doing business. And, as far as rm concerned, I think there is proper way of doing
things in a business -like manner. Do we need the radios? Yeah, we need they very, very badly. Do we
need the system that backs up the radios? Worse than we need the radios. Worse than we know. You had
one man — let me tell you this because I know. You had one man in this City that did and knew how to
repair the relay towers. One man. How long has he been gone? Five years? Four years? You don't have a
single person in this City to repair and tune the relay towers and nobody has done a damn thing about it.
That's where your problem is when you go to a trunking system. You know it and I know it. And you know
what, Mr. Manager, if you don't get somebody out there very quickly to maintain and tune those satellite
receivers in the trunking system, that's where a great deal of your problem is today, and you're not doing a
149 June 8, 1999
thing about it. I don't understand. I shut up. rve made my point. I say to you, we need the radios. We need
xhe system. I just think that you're doing it backwards (sic).
Commissioner Teele: Question.
Chairman Plummer. Mr. Teele, you have the floor.
Commissioner Teele: Why isn't the Purchasing Department involved in this?
Major Longueira: Excuse me, sir?
Commissioner Teele: Why isn't the City's Purchasing Department involved in this?
Mr. Warshaw: They are.
Major Longueira: Procurement was. They found the sole source. They justified that this was a sole source
- - purchase. Commissioner, if I may? - - - - -
Chairman Plummer. Mr. Teele has the floor.
Commissioner Teele: May I direct — and I will hear, Major, what you have to say. Have you all looked, at
any other municipal purchases of these radios in the last six months, around the country?
Ms. Judy Carter (Director, Purchasing Department): There are other municipalities that have deemed these
particular radios sole source.
Commissioner Teele: rm sure of that.
Ms. Carter. Yes.
Commissioner Teele: Have you looked at any of the purchases and you have any comparative data as to
.. what, say, Atlanta or say Fulton County or say Orleans or say Jacksonville, Florida Sheriffs Department is
paying? See...
Chairman Plummer. I didn't hear her answer.
ilu Ms. Carter. Palm Beach County, the Police Department has investigated that particular county to be able to
identify what kinds of costs that they are paying for those particular radios.
-� Chairman Plummer. That you're compared?
Major Longuem Yes, thafs correct.
Ms. Carter. No, I have not.
Chairman Plummer. Excuse me. Let her speak.
Ms. Carter: I have not.
Chairman Plummer: Thank you. That's the answer.
150 June 8, 1999
Commissioner Teele: Let me say this. I will not support this today, out of deference for the Chairman's
concerns. So, if it will take a four/fifths vote, it's dead today. Now, I will support this purchase if there is a
— which goes to the very issue that Commissioner Plummer's raising. It's several ways to get where we all
want to go and, that is, to ensure that we're getting the lowest, possible price. And one way to do that is
what we've began to do here with purchasing off of other purchase orders or other contracts. And, if you
could just give me an analysis of what other jurisdictions are paying for these, I would be a lot more
comfortable.
Chairman Plummer. I could give you what we're paying for it and the breakdown.
Major Longueira: Commissioner, that's...
Chairman Plummer. I can't give it to you from other cities.
Major Longueira: That's what we did We went and we asked them and we got their pricing from Palm
Beach County, which is the most recent, best pricing for this type of equipment, and that's the price we're
paying. I agree with Commissioner Plummer.
Commissioner Teele: Wait, wait.. .
Major Longueira: OK.
Commissioner Teele: You're getting the Palm Beach County price?
Major Longueira: Yes, sir. We are getting — that's the best...
Commissioner Teele: Now, where is that in the report?
Chairman Plummer: You don't have it.
Major Longueira: It's not in there because it's a sole source issue.
Commissioner Teele: No, no, no. See — and this is the problem.
Ms. Carter: No. But its — sir?
Commissioner Teele: When every department is going to wind up being their own Purchasing Department,
were not going to ever...
Ms. Carter. Sir...
Commissioner Teele: Major?
Ms. Carter ...but the fact of the matter is this.
Commissioner Teele: wait the fact...
Ms. Carter: The municipalities deem their own particular procurement sole source.
151 June 8, 1999
Chairman Plummer: Excuse me.
ti
Ms. Carter. Yes, sir.
Commissioner Teele: The fact of the matter is this.
Chairman Plummer: The Commissioner was speaking.
Ms. Carter. rm sorry.
Commissioner Teele: I will support the purchase of this equipment, as long as I see a comparative pricing
of what other jurisdictions have paid, particularly, if it was competitive. Now, I realize that, in this
technology, you wind up with either "A" or "B." You either windup with GE (General Electric) or
Motorola or, you know...
Chairman Plummer. Erickson.
Commissioner Teele: Erickson. or...
Mr. Warshaw: That's GE.
Chairman Plummer. Yeah.
Commissioner Teele: Which is GE, isn't it?
Chairman Plummer. Yeah.
Commissioner Teele: So — I mean you know, we're not talking now about 50 different vendors.
Ms. Carter. Right.
Commissioner Teele: And 1'm, particularly, supportive of the notion that, to build an entirely new platform,
we're not going to be talking about three million dollars ($3,000,000). We're going to be talking more in the
order of magnitude of fifty million dollars ($50,000,000). Is that a fair statement, fifty million?
Major Longueira: No.
Chairman Plummer: No. That's high.
Mr. Warshaw: Thirty million.
Chairman Plummer. You're talking between twenty-five and thirty million dollars to do and renovate a
system that is old. The system is old.
Commissioner Teele: No. If you were to roll in a totally new system and build — without using'any rebuilt
but a totally new system, what would a totally new system cost us, not in the Police Department but
everywhere that's using this system?
Chairman Plummer. Total.
152 June 8, 1999
Major Longueira: We're talking for the whole City, Commissioner. It's going to be twenty to thirty million
for a new system.
Chairman Plummer: Yeah.
Commissioner Teele: So, it's thirty million dollars ($30,000,000) to build a new system?
Chairman Plummer. Yeah.
Major Longueira: L.efs say.
Commissioner Teele: And, so, the only issue for me — and I want to support, but I think the principle that
Commissioner Plummer is advancing is one that we need to heed and, that is, we need to make sure that
we're getting the best price for the money and the way you can give us that, very simply, is, first of all,
giving us a memo that says, this pricing is targeted to — and, see, we've gone through this now three or four
times with the Purchasing Department — to Palm Beach County or to Escampia County...
Chairman Plummer: The last three sales.
Commissioner Teele: ... in Florida.
Chairman Plummer: Yeah.
Commissioner Teele: And, preferably, somebody should have bid this. I mean, I just have a hard time
believing it hasn't been actually competitively bid in the last two years or the last year.
Ms. Carter. The software is proprietary, sir.
M
Commissioner Teele: No. rm talking about a specification in which Motorola this spec one.
Major Longueira: Commissioner, what you see in a bid is whole new systems. You don't see in a bid an
upgrade or'pieces of a system because its proprietary, and rll give you an example. If you bought a Sprint
cell phone or a Nextel cell phone, no other cell phone will work on that system either, and that's why
individuals make their best choice at the time. We elected, years ago, to buy Motorola And I agree with
the Commissioner. If I was building a house, I would get a consultant. He would design it. But you know
what? My house is old. My electric doesn't work today and my electric is my radio and I have to fix that
radio or I don't get lights and I don't want the lights out in this City. So, do I wait and hire somebody and do
without lights or do I fix that piece and then fix the next appropriate piece when the consultant tells us? We
can't afford to wait. We have an existing house. That's our system.
Commissioner Teele: OK, Major. And I appreciate the sense of urgency. But, you know, this problem
didn't — and, see, this is where...
Chairman Plummer. It's eight months old.
Commissioner Teele: This is where I go back to the Manager. I talked about that this morning on the
CDBG (Community Development Block Grant). Every department puts the commission in the position of
holding things or things working their way up for three months, four months, six months, eight months and,
then, it gets here and we have to make the decision today. The only thing that Pm saying to you is, I will
support this, as long as you all provide us with a memorandum that basically says that, in a recent upgrade in
153 June 8, 1999
Palm Beach County, in a recent upgrade in Duval County, in the City of Tampa, wherever it happened,
These are the prices. And — I mean, we just want to make sure that we're not, you know, getting something
that another city didn't get.
Chairman Plummer: Mr. Teele, we know that the radios that they're charging us for are three thousand and
forty-two dollars ($3,042) to thirty-two hundred and ninety-two dollars ($3292) to up —well, that's it. Now,
all rm saying is, let's find out the last three sales that they've made in the State of Florida of these radios,
apples to apples, and let's compare. Now, since it is going to come back, I would also ask you to please
come back, Mr. Manager, so that this Commission can address what I consider to be the main issue. And
let's talk to the real problem and how much are we looking at to get the remaining portion of the system
fixed? rm talking about the relay tours. rm talking about the satellites were there, and what are we going to
do in a communications department? Because I can't accept shipping these radios out of this state to get
them to repair it. Motorola used to have a repair store here in the expressway and I don't think they have it
anymore. They've eliminated it. So, these are the areas that I would lice to see. Because rm going to make
some phone calls myselii OK? I would ask you to get from me, from Motorola, every municipality that has
bought these radios since they are in existence, OK? That's this new radio, the M-3000. I also would like a
justification of why we have to have radios that have 206 channels. I don't know who we're talking to.
Maybe it's...
Mr. Warshaw: That's a capability....
Major Longueira: Commissioner, it gives you flexibility.
Chairman Plummer. Yeah, right.
Major Longueira: Just like you have computers that can do a lot, but you don't use that until you need it.
Chairman Plummer. Right.
Major Longueira: We do the same thing.
Chairman Plummer. We've been operating on 96 channels for 14 years and now, suddenly, those 96 are not
good enough. What rm going to ask the question is, if we buy radios today that have been in existence with
96 channels, would we get them at five hundred dollars ($500) a radio cheaper? Because I don't know what
the hell we need 206 channels. I mean, is that "E, call home?"
_J. Major Longueira: Commissioner...
Chairman Plummer: I don't know.
Major Longueira: ... thafs a function of the technology. It's not...
Mr. Warshaw: It doesn't mean that you're going to use it.
Chairman Plummer: I would like to see the justification of 206 channels, and then rm going to let you go to
work for TCI (Telecommunications, Inc.).
Commissioner Teele: Mr. Chairman, the time is getting late. I would move...
Chairman Plummer. All right.
154 June 8, 1999
,Commissioner Teele: I would move...
Chairman Plummer. I would not want to have this matter fail.
Commissioner Teele: In deference to...
Chairman Plummer: May I just ask that it be...
Commissioner Teele: In deference to Commissioner — to you, but as a commitment to Commissioner
Sanchez, who really has burned on this issue, I am going to vote for this in the next meeting, if you will
defer it to this meeting, so that we can get the paperwork...
Chairman Plummer. Assuming they bring the information...
Commissioner Teele: the paperwork, right.
Chairman Plummer. ...that we've asked for.
Commissioner Teele: Mr. Manager, is that acceptable to you?
Mr. Warshaw: Yes, sir.
Commissioner Teele: So, I would move that the item be deferred to the next meeting.
Chairman Plummer. OK. So be it.
Commissioner Sanchez: I vote no on the deferment. I
Chairman Plummer. OK. Thank you, sir. And we will be, hopefully, five days in advance of the meeting,
look for the information. I was asked — by the way, thank you. Was there any Commissioner who has
asked for a- request of any change of meetings in July? Does anybody have any requests of that? OK. Pm
sorry. Then —whoever asked me. All right. We are, then, on Item 33. Wait a minute. Mr. Manager, can
we hold — these are in-house. Can we go ahead and go to zoning?
Commissioner Teele: Let's go to zoning.
Mr. Donald Warshaw (City Manager): Sure.
Chairman Plummer. Can we do that? People are here for that, not for these two -items.
Mr. Warshaw: That's fine.
Chairman Plummer. All right. I'm now going to temporarily close the regular agenda and I'm going to go
and open up — do you want to take a five-minute recess first or not? We will take a five-minute recess. Five
minutes. A real five minutes. Not "mas o menos." Five minutes.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 6:36 P.M., AND
RECONVENED AT 6:40 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
REGALADO FOUND TO BE PRESENT, EXCEPT COMMISSIONER REGALADO.
155 June 9, 1999
41. PARTIAL STREET CLOSURE FOR ALIGNMENT OF ROAD RIGHT-OF-WAY AT
APPROXIMATELY 3560 WEST GLENCOE STREET AND 1660 SOUTH BAYSHORE COURT TO
FACILITATE DEVELOPMENT OF CONDOS ALREADY APPROVED AS SILVER BLUFF
HARBOUR CONDOMMUMS. Applicant Peacock Properties, Inc. (owner): James E. Kutteroff for
Silver Bluff Development Coro. (former owner)
Chairman Plummer: All right. Ladies and gentlemen, there are four Commissioners present. We are
now opening up the Planning and Zoning and the first one is PZ-1, which is a partial street closure at
3560 West Glencoe and 1600 South Bayshore Drive. Ms. Dougherty, is this yours?
Ms. Lucia Dougherty: Yes, sir.
Chairman Plummer: Proceed.
Ms. Dougherty: Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the
owner and applicant. With me is Harold Kesler and Alan Lester. Two months ago you approved this
Major Use Special permit for this beautiful apartment building, which is a nine -unit brand new apartment
building, in which they are replacing an existing rental building of nine units, and you approved it."
because it was a luxury apartment, less transient...
Chairman Plummer: All right. Stop. Anyone who is here on a Planning and Zoning item today, who
wishes to testify, please stand up, raise your hand and be sworn in, please, whether you are testifying for
or against an item. Say it in Spanish, please. Any Planning and Zoning item. Lobbyists and especially
lawyers have to be sworn in. Swear them in.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH
UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY
ON ZONING ISSUES.
Chairman Plummer. Now, in Spanish.
AT THIS POINT THE ASSISTANT CITY CLERK ADMINISTERED REQUIRED
OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Chairman Plummer: Anybody that argues with that cannot testify. Mrs. Dougherty, proceed.
Ms. Dougherty: Two months ago you approved that this Major Use Special Permit for a nine -unit
apartment building or actually a condominium building. It demolishes — the project actually demolishes
an existing nine -unit building. And, the reason you approved it is because there is no increase in density,
but a substantial increase in tax base. It was a permanent — more permanent residents there as opposed to
a more — less transient people, and you asked — today, we are asking you to vacate...
Chairman Plummer: May I ask, is there any opposition? You're in opposition, sir? Proceed.
Ms. Dougherty: We are asking to vacate a very small portion of the property and, in return we are also
dedicating another portion of property. And, what it does is, it basically straightens out a street. If you
156 June 8, 1999
actually went and platted the street as it is today, you couldn't get it platted in this configuration. And,
-ghat we are doing is, we are also providing sidewalks, which presently don't exist on the streets and we
are putting parking inside the area where the apartments are instead of parking on the street which is
existing now. So, it's a much better condition. I am going to show you the...
Chairman Plummer: Mr. Kay. You will have a chance of rebuttal. Mr. Kay.
Mr. Jim Kay (Director, Public Works Department): The request for the vacation closure is part of the
Super Bluff Harbour tentative plat and it has been reviewed by the Plat and Street Committee with their
recommendation.
Chairman Plummer: Does the person in objection wish to speak to the issue? Ms. Dougherty, you will
have time for rebuttal.
Mr. Greg Eversol: I am Greg Eversol, 3545 West Glencoe. I would just like to say, I don't really want to
give away the public property. That's, you know, is the public. It's not an easement. It's public property
and...
Chairman Plummer: Have you heard that you are getting something in return for it? I mean, that's very,
very important.
Mr. Eversol: Yes, I have heard earlier. And I have, you know, seen some things and, of course, they
haven't come around to show us anything, but...
Chairman Plummer: Well, why don't you stand up here and...
Mr. Eversol: OK, that sounds OK. I'll look at it, again.
Chairman Plummer: ... you can look with us. All right. Is there anyone else in opposition? All right Ms.
Dougherty, if you will show what they are getting in return, I think we can wrap this up pretty quick.
Ms. Dougherty: Yes, sir. I want to show first this pink line here. This pink area here is the existing
right-of-way that is going to be vacated and, basically you can see it's a driveway now. It's part of our
driveway and people park all over it. In return for that, you are going to get a sidewalk here, as well as
on the other side of the area, which is over here. It will be a five-foot sidewalk surrounding the whole
property, which doesn't exist today.
Mr. Eversol: There would have to be a sidewalk put in anyhow, correct? And I am just — you know, I
am against it. Everybody I have talked to in the neighborhood, they are not for it either. We don't have
enough parking as — as you see right here, we have that — people park on both.sides of the street because
of the condos that are there now, and there is not going to be anymore parking the way they do it here.
Chairman Plummer: But there would be no less.
Ms. Dougherty: There are actually more.
Mr. Eversol: There will be more for them, less for the public, because they are going to take...
Chairman Plummer: This is PZ-1.
157 June 8,1999
Mr. Eversol: They are going to take 600 square feet basically and, you know, to take it away from us,
you know for them to have.
Chairman Plummer: OK.
Ms. Dougherty: We are actually providing this right-of-way here. And these parking area here, people
are parking in this area now because there isn't sufficient parking. When we demolish the existing
building and build a new one, there is going to be adequate parking for the people to park — for the
apartment building or the condominium. Right now, it doesn't exist. That's the reason people are
parking out in the street.
Chairman Plummer: OK. Does the Commission have any questions? Hello. There are no questions
from the Commission. Is there a vote — a motion? I can't vote.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. -
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Gort. It's a resolution. All in favor say "aye." -
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-399
A RESOLUTION OF THE NIIAMI CITY COMMISSION, WITH
ATTACHMENT (S), CLOSING, VACATING, ABANDONING, AND
DISCONTINUING FOR PUBLIC USE A PARTIAL STREET
CLOSURE FOR ALIGNMENT OF ROAD RIGHT-OF-WAY AT
APPROXIMATELY 3560 WEST GLENCOE STREET AND 1660
SOUTH BAYSHORE COURT, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF.
158 June 8, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifiedo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Ms. Dougherty: Thank you very much.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would just like to understand from the Attorney. In other words, the City can
give away land under our Charter and all of these — we can give away land. We just couldn't sell it?
Mr. Joel E. Maxwell (Asst. City Attorney): The closing.
Mr. Kay: This is dedicated right -of --way.
Commissioner Teele: But it's still — OK.
2
Mr. Kay: It's this land we don't have a deed .for. We don't have a deed for this land. It's dedicated
r right-of-way.
Commissioner Teele: I understand. I am not talking about this land. I am just trying to understand the
underlying legal principle that we can give away land.
Mr. Maxwell: Under the Statute Commissioner, we can close streets and public right-of-ways. And
under the Statute also, when that occurs, the land normally goes to the adja — abutting property owner,
and that's what's occurring in this particular instance.
l
42. OFFICIAL VACATION AND CLOSURE OF A PUBLIC UTILITY EASEMENT OF WAY,
LOCATED AT APPROXIMATELY 4170 MALAGA AVENUE TO ALLOW CLOSURE OF A SIX
(6') FOOT UTILITY EASEMENT WITHIN THE PROPERTY. Applicant Laura Calafell for ICSA
Corp.
Chairman Plummer: All right. PZ-2, 4170 Malaga Avenue. Is the applicant present? Are you the
applicant, sir? You belong on this side over here. Come around. Is there anyone here in opposition to
PZ-2? Anyone here in opposition to PZ-2? This is to give a six-foot easement located on the property..
159 June 8, 1999
Mr. Jim Kay (Director, Public Works Department): This is to vacate, close or eliminate a six-foot wide
utility easement that is more in the middle of a lot so that the easement could be relocated to another
location and — so that the property can have better utilization. That's all this is.
Chairman Plummer: All right. Let me ask you a question. How many square feet involved?
Mr. Kay: We are looking at — for the easement, it's about — roughly 600 square feet.
Chairman Plummer: How many square feet will he be acquiring?
Mr. Kay: It's roughly 600 square feet.
Chairman Plummer: How much?
Mr. Kay: About 600 square foot of easement.
Chairman Plummer: About 600 square feet what you will be acquiring.
Vice Chairman Gort: But he's going to be providing it in some other place.
Chairman Plummer: And what are you going to do for the City in return? Hello? -
Mr. Esteban Calafell: I don't speak well English. Speak good English.
Chairman Plummer: All right. Then, Mr. Gort, would you please assist the gentleman? Is it Spanish that
you speak, sir? All right. You are going to assist the gentleman. All rightee. The question very simply
is, if we give him 600 square feet of additional land, what is he going to do for the City, -in return? And
his answer is. `
Mr. Calafell (translated by Mr. Ramon Martinez): His answer is that he's just changing the easement
from one side to the other to be able to build a residence.
Chairman Plummer: So — Mr. Kay, is — are we getting 600 square feet in additional, somewhere else?
That's fine, sir.
Mr. Kay: Yes, sir. This is a reallocation of the easement.
:1
Chairman Plummer: All right. It's a relocation. It's not a closure or an easement in total.
Mr. Kay: Well, they have to close that one and establish another one.
Chairman Plummer: All right. Moved by Gort, seconded by Sanchez. It is a resolution. All in favor say
"aye „
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Thank you, sir and good night. Buenas noches.
160 June 8,1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-400
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CLOSING, VACATING AND DISCONTINUING
FOR PUBLIC USE THAT PORTION OF A PUBLIC UTILITY
EASEMENT RIGHT-OF-WAY, BEING A SIX FOOT UTILITY
EASEMENT LOCATED AT APPROXIMATELY 4170 MALAGA
AVENUE, MIAMI, FLORIDA; AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A."
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice chairman Wifredo Gort
Chairman J. L. Plummer, Jr..
NAYS: None.
ABSENT: Commissioner Tomas Regalado
43. CLASS II SPECIAL PERMIT WITH CONDITIONS, FOR PROPERTY LOCATED AT 2850 S.W.
27 AVENUE TO — WILL APPROVE THE LANDSCAPING PLAN FOR THE COCONUT GROVE
UNITED METHODIST CHURCH. Applicant Coconut Grove United Methodist Church.
r
Chairman Plummer: Item three, 2850 Southwest 27'h Avenue. Where is the pastor? Here he is. Before
you start, this is approval with conditions.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): Yes.
�+ Chairman Plummer: Lourdes.
Ms. Slazyk: Yes.
Chairman Plummer: The pastor tells me that to get to this point has cost the church two thousand dollars
($2,000). Is that a correct statement?
Ms. Slazyk: My understanding is, that there is a — the fee for the City Commission hearing includes the
advertising and posting...
Chairman Plummer: Two thousand dollars ($2,000) or is that high?
Ms. Slazyk: Let me ask Teresita Fernandez.
161 June 8,1999
Lhairman Plummer: Please.
Ms. Slazyk: They said it cost them two thousand dollars ($2,000).
Ms. Teresita Fernandez (Asst. Exec. Secretary/Hearing Boards): OK. Yes.
Chairman Plummer: What are we doing for the people for two thousand dollars ($2,000).
Ms. Fernandez: OK. The Code requires City Commission review. The fee required in the Code is two
thousand dollars ($2,000). I have to research the amount that we are spending in advertising.
Chairman Plummer: I would like to see what the cost breakdown is.
Ms. Fernandez: OK.
Chairman Plummer: Because I have got to tell you something, and I am not — you know, I would like to
speak to a church in particular, but two thousand dollars ($2,000) just to get a Class II permit seems
extremely high. Yeah oh, they got the architecture. He claims just by the way — and I am sure the
minister is not going to lie — that he — to get accomplished to where he is tonight has cost them roughly.=
one hundred and fifty thousand dollars ($150,000). Am I stating it correctly? -
Monsenior Pon: No in additions to our construction.
Chairman Plummer: Huh?
Monsenior Pon: In additions to what the City required
2
Chairman Plummer: Yeah but I mean — you know, that's just for the — it's incredible. OK.
Ms. Fernandez: But the Code, at the present time, that's a requirement.
Chairman Plummer: OK.
Vice Chairman Gort: Wait a minute. You are talking about one hundred and fifty thousand dollars
($150,000). The City is not charging that.
Chairman Plummer: No, no, no. The City is charging two thousand.
Vice Chairman Gort: The guy is spending one hundred and fifty thousand dollars ($150,000) in a
project.
Chairman Plummer: Well —No, excuse me. Some of it was the Fire Department, as they said; some of it
was the Electrical Department; some of it was inspection of buildings, all of that. OK. I would like to
see a breakdown of the costs. All right.
Ms. Slazyk: OK. The only two conditions we have are...
Chairman Plummer: What are the conditions?
162
June 8, 1999
Ms. Slazyk: ...the existing trash receptacle and dumpster have to be screened, per City, code which they
are not today.
Chairman Plummer: All right.
Ms. Slazyk: And there is an illegal sign that we would like removed.
Chairman Plummer: Pastor, do you agree?
Monsenior Pon: The dumpster is gone.
Chairman Plummer: What's the other one?
Ms. Slazyk: The sign.
Chairman Plummer: The sign.
Monsenior Pon: Which one?
Ms. Slazyk: There is an illegal sign in the public right-of-way per the NET (Neighborhood Enhancement—
Team) Office. -
Commissioner Teele: Just all illegal signs.
Ms. Slazyk: Illegal.
Monsenior Pon: As of what date?
Ms. Slazyk: As of the date this analysis was done which was one probably three weeks ago.
Chairman Plummer: Well, identify the illegal sign.
Ms. Slazyk: Yeah, we'll find that. We'll get that to you. But, it has... If it's illegal that's...
Monsenior Pon: OK. Dumpster is gone.
Chairman Plummer: If it's illegal, he's got to take it down.
Ms. Slazyk: That's correct.
Chairman Plummer. I mean, any — he can speak to the Man upstairs a higher boss, but that's still...
Ms. Slazyk: Other than that, the landscape — is approval.
Chairman Plummer: Moved by...
Commissioner Teele: Teele.
Chairman Plummer: Seconded by Sanchez. All in favor ...
163 June 8, 1999
L
Commissioner Teele: With conditions as stated.
AA
Chairman Plummer: With conditions as stated. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-401
A RESOLUTION OF THE MIAbII CITY COMMISSION AFFIRMING
THE DECISION OF THE DIRECTOR OF PLANNING
DEPARTMENT FOR ISSUANCE OF CLASS II SPECIAL PERMIT
APPLICATION NO. 98-0088, ON JUNE 9, 1998, WITH
CONDITIONS, FOR - THE PROPERTY LOCATED AT
APPROXIMATELY 2850 SOUTHWEST. 27"H AVENUE, MIAMI,
FLORIDA, MORE PARTICULARLY LEGALLY DESCRIBED
HEREIN, PURSUANT O SECTION 613 OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIANII, FLORIDA, AS AMENDED.,
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Chairman Plummer: 3435, 3441 and 3445 Hibiscus Street.
Monsenior Pon: Commissioner Plummer.
Chairman Plummer: Hello.
Monsenior Pon: Do I talk to you about my refund?
Chairman Plummer: You could talk all day long, but you ain't going to get it? Would you like to take it
in prayers?
164 June 8, 1999
44. CHANGE ZONING (AMEND 11000) ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, AMEND ZONING ATLAS AND CHANGE ZONING DESIGNATION FOR
PROPERTIES LOCATED AT APPROXIMATELY 3435, 3441, 3445 HIBISCUS STREET IN ORDER
TO ADD SD-12 BUFFER OVERLAY DISTRICT. [THIS CHANGE WILL ENABLE PARKING TO
SUPPORT ANY FURTHER OFFICE DEVELOPMENT ON GRAND AVENUE.] applicant Dazelle D.
Simpson, M.D. for Stirrups Properties.
Chairman Plummer: All right. This is a second reading. It was moved before by.
Vice Chairman Gort: Move it.
Chairman Plummer: ... Teele and seconded by Gort.
Commissioner Teele: So moved.
Chairman Plummer: Is there any opposition? Read the ordinance.
Mr: Joel E. Maxwell (Asst. City Attorney): This is PZ — Item PZ-4.
Chairman Plummer: This is PZ4. Call the roll. Go away and sin no more.
An Ordinance entitled -
AN ORDINANCE OF THE M "H CITY COMMISSION, WITH
ATTACHMENT, AMENDING PAGE N. 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.
passed on its first reading, by title, at the meeting of April 27, 1999, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Vice
} Chairman Gort, the ordinance was thereupon given its second and final reading by title, and was
passed and adopted by the following vote:
_ AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
165 June 8, 1999
1
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11803.
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.
45. AMEND ORDINANCE NO. 10544, THE CITY OF NIIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3680 NW 11TH STREET & 1021 NW 37TH
AVENUE FROM "MEDIUM. DENSITY RESIDENTIAL" TO "RESTRICTED COMMERCIAL".
[THIS CHANGE WILL ENABLE THE SINGLE FAMILY STRUCTURE TO BE USED IN ITS
ENTIRETY FOR OFFICE PURPOSES.] APPLICANT TOMAS AND CARIDAD GONZALEZ.
Chairman Plummer: Item five, 3680 Northwest I I" Street and 1021 Northwest 37" Avenue. It was for
approval both by the Planning Department and the PAB (Planning Advisory Board). Moved by Sanchez
and seconded by Gort in the last instance. Is that again this time? Is there anyone in opposition?
Vice Chairman Gort: Have all the covenants been filed and... -
Chairman Plummer: All the covenants have been filed.
Ms. Vicky Garcia -Toledo: We have. the covenant. We have the signatures. The Opinion of Title will be
done within the next 30 days...
Chairman Plummer: Who asked you?
Ms. Garcia -Toledo:... and will be submitted to the Law Department.
Chairman Plummer: Who asked you?
Ms. Garcia -Toledo: Commissioner.
Chairman Plummer: No. He asked them?
Ms. Garcia -Toledo: Oh.
Mr. Joel E. Maxwell (Asst. City Attorney): We find the covenants acceptable with a caveat.
Chairman Plummer: All right. It is moved by...
Vice Chairman Gort: Move it.
Chairman Plummer: It is moved by San — no. This is Gort's district. Moved by Gort, seconded by
Sanchez. Read the ordinance.
Mr. Maxwell: And, also, Mr. Chairman?
Chairman Plummer: Yes, sir.
166
June 8, 1999
Mr. Maxwell: Subject to the covenant that was just mentioned, being fully acceptable to the Law
Department, we would request...
Chairman Plummer: It is acceptable?
Mr. Maxwell: ...the one we have is acceptable, but it requires a pencil search which requires two or three
days. We would suggest you approve, subject to that.
Chairman Plummer: Subject to the pencil search. OK. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF. THE MAW CITY COMMISSION
AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 3680 NORTHWEST 11"', STREET AND 1021
NORTHWEST 37H AVENUE, NIIAMI, FLORIDA, FROM MEDIUM
DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL,
EXCEPT FOR A ONE FOOT (1') PERIMETER RUNNING ALONG
THE EAST AND NORTH BOUNDARIES OF. THE PROPERTY • -
LEGALLY DESCRIBED HEREIN; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of February 23, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Commissioner. Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
a
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11804.
167 June 8,1999
46. CHANGE ZONING ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY AMENDING ZONING ATLAS, CHANGING ZONING DESIGNATION FOR
PROPERTIES LOCATED AT APPROXIMATELY 3680 NW 11TH STREET & 1021 NW 37TH
AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. [THIS CHANGE WILL ENABLE THE SINGLE FAMILY STRUCTURE TO BE
USED IN ITS ENTIRETY FOR OFFICE PURPOSES.] Applicant Tomas and Caridad Gonzalez.
Chairman Plummer: PZ-6 is a second reading of the same location.
Vice Chairman Gort: Move it.
Chairman Plummer: It was moved by Gort and seconded by Teele. Is there anyone in opposition to PZ-
67 Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO.26 OF THE ZONING ATLAS OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R 3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-1 RESTRICTED CON04ERCIAL FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3680 NORTHWEST
11TH STREET AND 1021 NORTHWEST 37TH AVENUE, MIAMI,
FLORIDA, EXCEPT FOR A ONE FOOT (l') PERIMETER RUNNING
ALONG THE EAST AND NORTH BOUNDARIES OF THE HEREIN
DESCRIBED PROPERTY; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its fu-st reading, by title, at the meeting of February 23, 1999, was taken up for its
second and fmal 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 Wi&edo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11805.
168 June 8, 1999
7. FIRST READING ORDINANCE: AMEND 10544, AS AMENDED, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY AMENDING FUTURE LAND USE MAP, BY CHANGING THE
LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY 2725-27 SW
10TH TERRACE FROM "MEDIUM DENSITY RESIDENTIAL" TO "RESTRICTED COMMERCIAL."
[THIS WILL ALLOW A UNIFIED COMMERCIAL DEVELOPMENT ON THE BLOCK.] - Applicant
Editorial Cernuda, Inc.
Chairman Plummer: PZ-7 is 2725-27, Southwest 10'h Terrace. It has been approved by the Planning
Department. It was denied by the PAB (Planning Advisory Board) and the basis is for medium density
residential to restricted commercial, and the stipulation is to make it a unified commercial development.
The applicant — hello?
Ms. Vicky Garcia -Toledo: Hello Vicky Garcia -Toledo.
Commissioner Regalado: That's District IV.
Chairman Plummer: Editorial Cernuda.
Ms. Garcia -Toledo: Editorial Cernuda. Representing Editorial Cernuda. This was voted down by the
PAB because there were two property owners in the block that had objections. Fortunately, between the
time of the PAB and the Zoning Board, we were able to meet with those property owners and were able
to come to an agreement, which will be in the form of a covenant that will be submitted at the time of the
second reading, and that covenant limits the use of the property to office. It limits the height to two
stories, which is the same as the residential to the west, and creates a landscape buffer with no vehicular
access on 10* Terrace, which is the residential property.
Chairman Plummer: Are you indicating you feel that this has removed the objectors?
Ms. Garcia -Toledo: Yes. — In fact...
Chairman Plummer: You realize this is...
Ms. Garcia -Toledo: Yes. In fact, at the Zoning Board meeting, which was the next lower board, it got
approval — received approval.
Chairman Plummer: Are any of the objectors here that objected prior? OK. And that is a covenant that
_will be surrendered, and this is only first reading, so I am sure that the objectors are going to be listening.
So, do you need to say anymore?
Ms. Garcia -Toledo: I'll be happy to discuss the case, if you wish...
Chairman Plummer: That's fine.
Commissioner Regalado: I know the place. I went there. I checked the area. It's an abandoned duplex
and you have residential in front. You have an apartment building next to it and...
169 June 8, 1999
Ms. Garcia -Toledo: This is R-3. This is high density, multifamily residential. There is two or three
Auplexes left on this block. The rest of it is apartment buildings.
Commissioner Regalado: And — but single. You have two single houses right across the street.
Ms. Garcia -Toledo: Over here.
Commissioner Regalado: Yeah.
Ms. Garcia -Toledo: I think that...
Chairman Plummer: Is there a motion?
Commissioner Regalado: I'll move to approve it.
Chairman Plummer: Moved by Regalado, seconded by...
Vice Chairman Gort: I'll second it for discussion.
Chairman Plummer- ...by Gort. Discussion.
Vice Chairman Gort: Will you accept — and, Vicky, I don't know if this will affect the development, but
like we have stated before, not to encroach and not to create the domino effect in the change of zoning.
Could we put a covenant that the west side of the property, one foot be kept as residential?
Ms. Garcia -Toledo: Yes. I am sorry.
Vice Chairman Gort: OK.
Ms. Garcia -Toledo: I wasn't reading from the covenant, but that's already in the covenant.
Vice Chairman Gort: Great. OK.
Ms. Garcia -Toledo: Yes.
Chairman Plummer: All right.
Commissioner Regalado: I'll...
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): And just for --clarification, the covenant
would go with PZ-8, which is the zoning change. Just for clarification.
Chairman Plummer: OK. PZ-7, read the ordinance. Call the roll.
170
June 8, 1999
}
An Ordinance entitled -
AN ORDINANCE OF THE MUM MI CITY COMMISSION
AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 2723-2727 SOUTHWEST le TERRACE,
MIAMI, FLORIDA, FROM MEDIUM DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTAL TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILI TY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, 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.
48. FIRST READING ORDINANCE CHANGE ZONING ORDINANCE 11000, ARTICLE 4,
SECTION-401, SCHEDULE OF DISTRICT REGULATIONS, BY AMENDING THE ZONING ATLAS
BY CHANGING THE ZONING 'DESIGNATION FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2725-27 SW 10'H TERRACE FROM R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. [THIS WILL ALLOW A UNIFIED
COMMERCIAL DEVELOPMENT ON THE BLOCK.] Applicant Editorial Cernuda, Inc.
Chairman Plummer: PZ-8, the same address. Approval by the Planning Department and approval by the
Zoning Board, with the same request, to unify the commercial development. Is there anyone here
wishing to speak against PZ-8? Seeing none, is there a motion?
Commissioner Regalado: Move it.
Chairman Plummer. Moved by Regalado, seconded by Gort. Read the ordinance. Call the roll.
171 June 8, 1999
., An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO.40 OF THE ZONING ATLAS OF THE CITY
OF MIAh% FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2723-27
SOUTHWEST 10'H TERRACE, NUAN% FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Regalado, 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.
49. TABLE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 10544,
THE COMPREHENSIVE NEIGHBORHOOD PLAN, TO AMENDING THE FUTURE LAND USE
MAP, TO CHANGE LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT 4854 NW
7'H STREET FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" (See label 51)
Chairman Plummer: PZ-9, 4854 Northwest 7'h Street. By the Planning Department was for denial. By
the Planning Advisory Board for approval. And this would prevent parking spillage into the residential
neighborhood.
Ms. Lourdes Slazyk (Asst. Director/Planning Department): Let me explain this one. This is for a — this
is a piece of property that has a 20-foot strip. The property is located on Northwest 7* Street. On the 6d'
Street side there is a 20-foot strip that was left residential. The applicant is applying for a zoning change
for the 20-foot strip that abuts the lower density residential area. The initial recommendation from the
Planning Department was for approval because the intent from the applicant was to use the 20-feet for
parking. The applicant had said they were going to do a wall and there was an understanding that the
wall was going to be part of the project. We later discovered from the Zoning section that, once they -got
the zoning change, the wall would not be required, and this causes a problem with the neighbors because
the parking — there may be parking on the street with people accessing the project from the rear.
172 June 8, 1999
Chairman Plummer: Can't they volunteer it?
vw
Ms. Slazyk: That's what I think they were going to do this evening, but based on the fact that a wall
would not be required the recommendation is for denial.
Chairman Plummer: All right. Well, excuse me. Let's try to cut through all of this...
Ms. Slazyk: Right.
Chairman Plummer:... B.S. I mean, is that going to satisfy the neighbors if they volunteer?
Unidentified Speakers: No.
Chairman Plummer: OK I was just asking. I am not trying to suggest I am just asking. OK. So, in other
words, that, if they put up the wall, that's not the answer.
Ms. Slazyk: According to the neighbors, it's not — I mean, the wall is not part of, you know, the reason
for the zoning change. It's...
Chairman Plummer: OK.
Ms. Slazyk: The zoning change, I think...
Chairman Plummer: All right.
Ms. Slazyk: All right.
Chairman Plummer: Let's hear from the applicant. For the record, sir, if you will, give us your name.
You can sit down.
Ms. Teresita Fernandez (Executive Secretary/Hearing Board): Mr. Chairman, if I may? I have just asked
�- the architect if...
Chairman Plummer: Teresita, for the record, your name. -
Ms. Fernandez: Teresita Fernandez, Office of Hearing Boards. I just asked the architect if he was a
registered lobbyist and he's not. And he is going to register.
Chairman Plummer: He has not registered?
Ms. Fernandez: No, he's not. 1
Chairman Plummer: Then he can't speak.
Mr. Maxwell: He can't speak.
Ms. Fernandez: That's what I thought.
Chairman Plummer: It's just that simple. "Pobrecito".
173 . June 8, 1999
Mr. Moche Cosicher: Mr. Chairman, if you allow me to register and...
AA
Chairman Plummer: Sir, you want to write a check? We'll go to another issue and come back to this
one.
Mr. Cosicher: Yes. Thank you, Mr. Chairman.
Chairman Plummer: Si, senor. All right.
Ms. Slazyk: PZ...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Yes Mr. Teele.
Commissioner Teele: I mean, he's a responsible — if he promises — I think we are working an
inconvenience on these people that are here. - -- -.
Chairman Plummer. Mr. Teele, no tickee, no laundry. We'll go to another item and we'll come back to
this one. The other item with this is nine and ten.
Note for the Record: At this point, the City Commission temporarily tabled consideration of PZ-9.
50. CONTWUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCES RELATED
TO 2725, 2731, AND 2733 N.W. 6 STREET - TO CHANGE. ZONING AND COMPREHENSIVE
PLAN DESIGNATIONS FROM SINGLE-FAMILY .. RESIDENTIAL' - TO " RESTRICTED
COMMERCIAL - REQUEST DEVELOPER AND NEIGHBORS TO MEET AND NEGOTIATE
DIFFERENCES.
Chairman Plummer: We will now go to item eleven. Item eleven is a first reading of 2725, 2731, 2733
y.. North — excuse me. — Northwest 6* Street. By the Planning Department, it is for denial. By the
Planning Advisory Board, it's approved. Because it was a tie vote, it constituted a denial. Motion to
approve failed, constituting a denial vote of four to five. The indication...
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): There were five negative...
• Chairman Plummer: I am sorry?
Ms. Slazyk: There were five negative votes and four positive.
Chairman Plummer: All right. This is intended to prevent commercial intrusion into the residential
neighborhood. Let's hear from the department first.
Ms. Slazyk: OK. The Planning Department is recommending denial on this item. It is a request to
amend the land use map from single-family residential to restrictive commercial. On this particular
application, it is for three lots into the commercial area. And if you look at the graphics that's on the
board behind me, you can see that the line that defines the commercial area from the residential is — it's a
very clear definition. The line has not been intruded upon up to this point, and to do three -lot intrusion at
174 . June 8, 1999
this time into a stable, single-family residential area will be detrimental to the area, so we recommend
Aenial.
Commissioner Regalado: Question. Lourdes?
Ms. Slazyk: Yes.
Chairman Plummer: Mr. Regalado.
Chairman Plummer: We just approved something similar in 10'h Terrace.
Ms. Slazyk: That was going from R-3 to commercial. It was a single lot. It was a different situation. It
was not a stable, single-family residential area. It was not three lot intrusion. On cases of — like this, we
do individual analysis and different...
Commissioner Regalado: I know you do, but that really presents us with a dilemma because it's very
similar to what you recommended.
Ms. Dena Bianchino (Asst. City Manager/Planning & Development): Commissioner, if I may? I believe
the previous case was an R-3...
Ms. Slazyk: R-3 to C-1.
Ms. Bianchino: ... which is a very high density use to commerical. This is a single-family...
Commissioner Regalado: I know, but — I know what you are saying, but the concept...
Ms. Bianchino: Well...
Commissioner Regalado: What we are doing? We are turning around and approving. That's the same
concept. It doesn't matter where — I mean, it doesn't matter whether we have an apartment building and
two residential houses right across what we just rezoned. The fact is that those two residentials are really
dilapidated and people are living there. Now, the problem that we have in 6tn Street is that the people are
really proud of the houses, but what you just did — and what we just did is, we turned around the corner
of a major — actually, 27'b Avenue, of a major intersection and rezoned one area That's what I am
saying. I am saying that — I mean, it's like, if you are going to kill me with a gun or with a little knife,
it's more or less the same. What I am saying is that, we do not have a uniform policy in this.
Ms. Slazyk: If...
Commissioner Regalado: I mean, you just said that we take case by case.
Ms. Slazyk: Yes. And, in this case, it is definitely a commercial intrusion into a very low density,
single-family stable area. In the other case it was going into a much higher density, a more commercial
nature area, and the recommendations have to be based on what is appropriate, given the character and
the type of development that's happening in an area and, in this area, it's inconsistent. Thank you.
Ms. Bianchino: Could we ask NET (Neighborhood Enhancement Team) to comment on the zoning,
please?
175 June 8, 1999
Chairman Plummer: Sure. Come on, NET.
,Mr. Rubin Avila (NET Administrator/West Little Havana Service Center): Rubin Avila, West Little
Havana NET. We had numerous phone calls for the past two weeks from the residents of the area They
don't want the zoning changed because they are residential. That's all I can tell you.
Commissioner Sanchez: And they are all here?
Mr. Avila: Yes, sir.
Commissioner Sanchez: Well, you know what?
Chairman Plummer: Yeah, yeah, yeah. All right. All right. Excuse me you know, they don't want it but
we are here as a zoning issue, so let's speak to the zoning issue. The applicant first and then anybody
who wishes to speak in opposition will — you can sit down anybody who wishes to speak in opposition
may do so, and then you will have rebuttal back the other way.
Mr. Angel Saqui: Thank you, Mr. Commissioner. Good evening. It's been a long...
Chairman Plummer: Five minutes enough?
Mr. Saqui: For rebuttal?
Chairman Plummer: No, for the initial.
Mr. Saqui: Yeah, I think that should be — I am going to try to be brief. It's been a long evening. I
wanted to do this presentation in two parts. My name is Angel Saqui the architect. I am here in
representation of the Chi family and I have with me here, Mr. Chi, Luis Chi also, who I wanted to have at
least a brief moment to give a second portion of the presentation.
Chairman Plummer: May we have your mailing address, please?
Mr. Saqui: 2801 Ponce de Leon Boulevard, Suite 820, Coral Gables, Florida 33134.
Chairman Plummer. You should move into the City.
Mr. Saqui: We were there for many years. Now, going back to this particular project. We have a very
interesting situation whereas the Chi family has purchased this property less than a year ago, and they
have been in this particular community, more specifically, the City of Miami for over 25 years. They had
the misfortune and who knows, maybe the good fortune of having to lean_ -two different communist
countries in their lifetime, and I think that it's been proven that they have established strong, and very
successful roots here in the City of Miami. What they have done is, they purchased this particular center
right at Northwest 7" Street and 27'h Avenue, and brought along, or actually, inherited all the conditions
that came forth with this particular purchase. They have three, actually two different homes that are
sitting to the... southwesterly of these particular properties, which are shadowed in the tan color. This is,
and then maybe perhaps what I'll do is, I'll raise here. This particular area is one of the lots in question.
The second lot and the third question... third lot in question, which are now being proposed for changing
and zoning here. This particular building as it is existing, and there is an existing retail building here as
well. I came prepared to show you some of the photographs, which you really do have in the pamphlet,
which you can all look through and understand. Some of the problems here that we have is the fact that
176 June 8, 1999
�I
the circulation is just abominable. One of the elements that the neighbors have been continuously
,complaining about is the fact that they have got all kinds of traffic coming into their residential district,
and then even some other vehicles that don't even patron this area, they just come and park their vehicles
on these properties over here. The two homes right now are in tremendous dilapidated condition which
they are looking to see if they can improve this particular area by not only rehabbing the existing current
facility that's on the perimeter of the property, both facilities, but also add a new building towards the
rear of the property. Now, we were able to go ahead and meet with the neighbors. We have tried in good
effort to see if we can come to some sort of solution, some sort of compromise whereby perhaps if we
could have discussed... Well, let's think of the possibility that this could happen. What would it be that
you would like us to do. For example, we have gone ahead by our own recognizance and established a
buffer area. We will have a separation of a wall on Northwest 6* Street, and of course, behind it, in front
of this wall we are going to have vegetation. Very clearly, we have this existing alley which is to the
immediate west of the existing building, and that is going to be the only ingress and egress out onto
Northwest Oh Street from this particular property right now. As it stands, since there is no control, they
are cutting through alleys, vehicles... Vehicular traffic is cutting through vacant properties, not to
mention everything else that you see in those photographs because there is all kinds of vagrant people,
and unfortunate situations that arise that, you know... Perhaps what we will try to do here is, improve the
conditions of the entire neighborhood. Here to the left you see a proposed rendered elevation of what the
Chi family is looking to do with the existing facility that's here on the edge of 27* Avenue. In
comparison to that particular elevation is also what they want to do for the other facility, which is back.=
here, and this right now, based on our designs is going to be a two-story building. It's going to be
retailed and proposed offices for the second floor. Now, in addition to what we have created is a more
orderly parking area for this particular project. What I would like to point out are just a couple of items
that we have in excess of 20 additional parking spaces that are not required for this particular project, but
because of the fact that we understand that there is a problem with the existing conditions of this
particular corner, we are trying to see if we could be sensitive to the area and allow for additional patron
useable area. In addition to this, our landscaping requirements are well over the required ten percent, of
almost twenty-nine percent, and the lot coverage, which is usually forty percent is onij thirty-two point
six at this time. So, clearly we are not trying to maximum the site, maximize the site, but we are- trying to
make it feasible. And, one of the things that I had thought about, and actually with Luis when we were
going over this project is, it's almost reversed encroachment, because we have this particular area which
is already -commercial and C-1 at this time, and what we are really try to do is, just cordon it off so that
we make it a more feasible and viable area Luis.
Chairman Plummer: All right, Mr. Chi, you wish to make a comment or two, sir?
Mr. Jose Luis Chi: Well, my comment. Actually, in order to respect the time limits here of course, you
know you have been undergoing some long meetings today, so I would like respect that. All I would like
to say is that, if you would please give us a chance to do this, we have been very responsible members of
the community. We have also devoted a lot of our resources to the community enhancement efforts in
the past including the Jobs and Education Partnership Board (JEP) as well as the WAGES (Work and
Gains Economic Self-sufficiency), as well as the Federal Empowerment Zone, and we would like to do
the same for our neighborhood here. We would, we have a.. We would like to commit ourselves very
much to improving the Gross Point neighborhood community if we are given the chance. That's... So,
all I would like to ask is, to be treated fairly and equitably. You just passed an issue. I think it was item
number seven and eight, which is very similar to ours. I went through that item point by point, point by
point, everything on that item would also apply to us. Please, just treat us fairly and equitably, thank you.
Chairman Plummer: Mr. Chi, if you would, sir, for the record, please put your full name and mailing
address on the record, please.
177 . June 8, 1999
Mr. Chi: My name is Jose Luis Chi. My address is 8621 Southwest Yh Street, Miami, Florida
Chairman Plummer: Thank you, sir.
Commissioner Sanchez: J.L., J.L.
Chairman Plummer. We'll now hear from... I am sorry, questions by Mr. Sanchez.
Commissioner Sanchez: Mr. Chi, I commend you and your family for investing in Miami, and if we
compared that photo to what was there before, it's a big improvement and a better view. It's very pretty.
You know, when we look at these... I know that, I know the area very... I am very familiar with the area.
The alley that cuts through, does it cut through the back of your property there, to go onto 7* Street or 7,
yeah, 7" Street?
Mr. Chi: Yes, that's correct. It has ingress and egress to both 7* and from 6th Street.
Commissioner Sanchez: And, these pictures showing these individuals in the back, there is one here
urinating by one of the buildings.
Mr. Chi: Unfortunately, it happens quite often. <
Commissioner Sanchez: Now, I could support a concept like that, I truly could, but you know, it's the
citizens that concern me the most, and you have had a large turnout of people here that are really
objecting to it. And, you know, it's the will of the people. I would suggest that maybe you work
something out with the City to come to an agreement, and also with the citizens that are here
complaining. I mean, you know, it's two good things. I would love to support that because it's for the
community, it's a change, it's a positive thing, but you know, the citizens are here basically in a large
turnout to oppose this thing. So, we'll see how it goes.
Commissioner Regalado: If I?
Vice Chairman Gort: Let me ask a question.
Mr. Joel E. Maxwell (Asst. City Attorney): Commissioner, may I interrupt for one moment? Just to
remind the Commissioners, we have in the past that your decision must be based solely on criteria and
standards set forth in the ordinance for making such decisions, and you are specifically precluded from
making decisions based on neighborhood opposition per se unless those neighbors during their
presentation provide you with competent and substantial evidence on the record. So, I would caution
against blanket statements that may be taken on a cold record to indicate th$t your decision was based
solely on the fact that the neighbors opposed your decision.
Vice Chairman Gort: What the... Where is J.L.?
Commissioner Sanchez: OK, well, I am not going to suggest that we hear from each and everyone of
them, but basically they are here to oppose this. And, also on item PZ-9, which is related to PZ-10
correct, it was not where my... It was not recommended by who?
Mr. Slazyk: The boards.
178 June 8, 1999
,Commissioner Sanchez: It didn't meet none of the requirements.
Ms. Slazyk: Yeah, yeah. None of the... Neither the Planning Board nor the Zoning Board recommended
it. These are companion items, we are hearing one at a time right now.
Commissioner Sanchez: OK.
Ms. Slazyk: Yeah.
Mr. Maxwell: And, it's important that when you do make your decisions that you indicate that you are
basing it on those decisions or those boards as opposed to the neighbors.
Vice Chairman Gort: Let me ask a question. My understanding is, you bought this property a year ago.
Mr. Chi: That's approximately.
Vice Chairman Gort: OK. And, it's a shame, because I know the Chi family and I think you all have
done a wonderful job within the City. But, I want you also to understand the persons... One of the
biggest problems we have been having here -is people buying property and not trying to find out what..:,
how they can maximize those properties. Also, buying property and not being aware of the past history,
and not checking with the NET office and... what happened, the deterioration of those homes, and I know
that place very well. I use Tasty Bakery constantly, and I use that facility constantly. Unfortunately, the
reason those houses deteriorated is because the people that owned it allowed it to deteriorate for the same
cause. Like you try to talk about the two different items we passed before, the item that we passed
before, you are talking about an It 3 which is apartment buildings, which is very close to commercial.
This is a very residential area. This is a very stable neighborhood, and it shows by the opposition that I
have here. Now, I would like to give suggestions, and I would like to be open-minded: I would hate to
see a building being built on the third... on the third lot, because that's really encroaching the residential
area. I don't have any problem, and before you were able to do parking without going through the
change of zoning. Now unfortunately, you have to go through a change in zoning, and once you go
through a•change of zoning, you get it, we are limited to what we can do with you. So, that's the biggest
problem that we have with these applications. I just wanted to state that. One of the suggestions is, try to
get together, re -change the... your plans and try to get together with the neighborhood and maybe try to
come up... I know that you work with the community very much, you are very much involved with the
community. My suggestion is, get with the community and maybe you can come up with a plan that
everybody will agree to.
Mr. Chi: OK, sir...
Chairman Plummer: Can I ask a question?
Mr. Chi: Yeah, sure.
Chairman Plummer: Do you own the property on 27* Avenue?
Mr. Chi: Yes, we do.
Chairman Plummer: OK. You know, that neighborhood leaves a lot to be desired as far as the
commercial aspect of it. Have you tried to sit down with the neighbors and reason to where it could be
179 June 8,1999
beneficial to them to protect them from the resi... the commercial intrusion? You know, it's... that's
highly commercial you know, and I look at this book, and I am not going to cast any aspersion, but when
I, when I look at... You know, this is not the kind of thing that I would want to have if I lived in that
neighborhood, and we know it's reality. I would hope, and I don't know that it's possible, all right,
because maybe at this point in the game the neighbors are just not going to accept anything, and that's
their right and I respect that. But, I am just wondering because I know that neighborhood, because I went
to Miami High. Is there not some way that you could get pretty much what you are looking for, and still
make it beneficial to the neighbors in that neighborhood? I mean, to protect them from any... We have a
way, Mr. City Attorney, where you can put a buffer of one foot where it does not allow the intrusion
further over into a residential area to stop any intrusion. We are talking three lots...
Vice Chairman Gort: Three lots and two residential.
Chairman Plummer: No, I understand that. And, Willy, the neighbors might not accept it. I am just...
Commissioner Sanchez: No.
Chairman Plummer: You are one.
Commissioner Regalado: Let me,.let me...
Chairman Plummer: No, no, excuse me, sir.
Commissioner Regalado: Once second.
Chairman Plummer: I'll give you the time to talk. I'll give you plenty of time to talk, all right. All I am
saying is, if there is a compromise then try it. If there is no compromise then you can always say, we
tried, but no, all right.
Mr. Chi: I thought it was a question. If I could go ahead and answer, Mr. Chairman.
Vice Chairman Gort: No, no question, just a statement by us.
Chairman Plummer: OK. From the opponents, how many of you wish to speak? One, two, duw, four,
five. OK, with five of you, I am going to leave... I am going to limit you to two minutes each.
:. Mr. Maxwell: They all swore in?
Chairman Plummer: No, I am going for that next year.
" Dr. Dennis Rod: OK, my name is Dennis Rod. 1
Chairman Plummer: Your name and mailing address.
Dr. Rod: I am going to that, and you are taking half of my second now.
Chairman Plummer: I am sorry.
Dr. Rod: Dr. Dennis Rod. I live 2759 Northwest & Street, and most of you I know, and some of you
know me. The picture that he has shown you are pictures of his house that he bought within the year or
180 . June 8, 1999
two years ago. Those homes were not in that condition before. Mrs. Peggy Davis who died away, she
bad lived there since 1936, she is the one in the corner, but the first home was destroyed way before Mr.
Chi got there. It was taken out, which they use as a parking lot, but that's illegal. I should have called
the police way back and ask them to ticket the people who park in the empty lot. That's number one
thing. Number two thing, I have gone there through elementary, junior, senior high school all the way to
my doctorate. I live there, none of you live there. I live there along with the people here. We are the
ones who are supposed to vote for that. If they fix those homes, the whole entire neighborhood is perfect,
because you should go home by home like I have taken all the members of the political scene here and
showed them homes how fixed they are. The two homes that he owns he let them be dilapidated. Now,
he goes to Northwest 7'h Street and he takes a picture of that black version of Charlie Chaplin that we
have there, it's been there for years. It's the responsibility of the NET Department, of the Miami Police
Department, Flagler and 22°d to have this either guy arrested or moved out of there. We have lived there,
the neighbor across the street from me, Norma have been there since 1937. It's not fair for us to have
that street broken up and a wall there so they can go ahead and building something. I have nothing
against any of them, they are beautiful people, but we live there. We have been living there for all our
lives. We don't have... We don't want nothing commercial, that's always been at the comer, and with
that note, I'll let you go.
Chairman Plummer. Thank you, sir. The next speaker. I would ask the speakers to please, somewhat
kind of line up and we'll go through this a little quicker.
Mr. Angel Naves: Angel Naves, 2760 Northwest 6* Street. I am.... .
Chairman Plummer: Excuse me, each and every one of you were sworn in?
Mr. Naves: Yeah, we were sworn in. I am strongly against that, what they want to do over there. Like
the gentleman said, the two houses have been dilapidated since this gentleman bought them just so you
guys can see it. And the beautiful pictures you have there, all of that is in his property, it's in none of our
properties. And, I think it's a shame that this is the sixth time we have come here. This was denied four
years ago, and we are back at it again. And, I want to know if it's denied now, how many times are we
going to have to come here and to through this all over again, and again, and again. We already met with
them, all right.
Vice Chairman Gort: Let me answer your question.
Mr. Naves: We already... We don't want any more meetings.
Vice Chairman Gort: Let me answer your question.
Mr. Naves: Go ahead.
Vice Chairman Gort: Thank God we are in the United States of America and a democracy.
Mr. Naves: Yeah.
Vice Chairman Gort: They have a right to come every year.
Mr. Naves: Exactly. They have a right to come every year? All right, well we are strongly against it, all
right. Thank you.
181 • June 8, 1999
Chairman Plummer: Thank you, sir. The next speaker, your name and mailing address, please.
Mr. Hank Teutscher. My name is Hank Teutscher: I am speaking on behalf of my father-in-law, Mr.
Gunsey who resides on 2730 Northwest 6`s Street. If I can have the microphone up there and I can point
out some things on your maps, if that's possible. I appreciate it.
Vice Chairman Gort: Go ahead.
Mr. Teutscher: OK. First of all — let me see. Here we are. These are the three basic lots that we are
talking about, right over here. This lot right now is an illegal parking lot cited by NET. This is Mrs.
Davis house and then we have another house over here that we call Fernando's House. These houses
were bought later than the existing properties that Mr. Chi bought first, these were bought at a later date.
Since he bought them they became in worse shape than they already were. They went down and down
and down the line. Number two, if you go for this, you are taking away something that has been great for
Miami that's called the Barrio, the neighborhoods. This is an old neighborhood where the people as you
can see have become of age, but they keep up their lots, they keep up their houses, they keep them
painted, they keep them nice. You are taking that away. Who is going to be next? We have got here,
behind this building, we got Republic National Bank with a drive-thru, now what's there to say that next
they come to you and they say OK, we buy that house because we want to build the bank building there
now, we don't want it down the street, we want it there. You would have destroyed this whole.
neighborhood at that point. The pictures that he is showing actually are pictures of his own lot where he
is in violation, other than that, the existing this part and that part. Right now, have a total of at least 55
parking spaces to them. There is at least already 55 parking spaces right now. The point is, Mr. Chi will
have to tell to his patrons who come to his properties where to park. This parking that's existing right
now will be empty, but people will be parking illegally at the same time, OK. Therefore, my father-in-
law would tell you, please vote against. Thank you.
Chairman Plummer: The next speaker. Is there any other speakers? Speak now or+forever hold your
peace. You have... Mr. Gasca.
Mr. Hector Gasca: Yeah, my name is Hector Gasca, 414 Aragon Avenue, Coral Gables. I am
representing Mr. Luis Sabines who happened to be in the Coral Gables Hospital Room' 429. He told me
to come and Mr. Chi's family make a presentation to the Board of Directors of the Latin Chambers...
Chairman Plummer: What's wrong — what's wrong with Sabines? Wait a minute. Don't leave me
hanging. What's wrong with Luis?
Mr. Gasca: He felt today, very bad in the morning and was shaking and was taken to the emergency.
Chairman Plummer: Today?
Mr. Gasca: Yeah, today.
Chairman Plummer. Because his son was here this morning, and we didn't hear from him.
Mr. Gasca: Yeah, but he didn't know about it. And, he was taken to the hospital today. He is in 429,
and they are going to check on him. He's got a thing called pneumonia or whatever you call it.
Chairman Plummer: OK, thank you.
182 June 8, 1999
.a
Commissioner Sanchez: Pneumonia.
Mr. Gasca: Pneumonia. OK, the only thing I have to say is, that the family... have sent this to
CAMACOL, this project and everybody was very happy to see that the City gets some improvement, and
we would like. They are going to have new jobs there, and I think it beautifies the area from our point of
view.
Chairman Plummer: Thank you, sir. Is there any rebuttal?
Mr. Saqui: He asked me the question, do I want to start? I guess, you want to reserve some rebuttal
yourself, huh?
Chairman Plummer: The clock is running.
Mr. Saqui: With all due respect to the neighbors, I can appreciate their comments and also have met with
them this past weekend because we have tried to see if we can reach some sort of an amicable
compromise to this. As you can see from this evening, their response to us that same day was the same.
There is nothing that we need to talk about, and we were at least hoping to see if there was something
that we could at least discuss references... particular plan, because I don't quite understand what the...
Just before... The last gentleman mentioned about parking and how the patrons to this particular center_
are going to be parking still illegally, because the intent of this whole area is to organize the traffic flow,
improve this particular area as well, because as I mentioned previously, nothing will change in terms of
egress or egress into the immediate residential neighborhood because of the fact that that will still be
maintained by this alley which is as furthest to the east as it possibly could be. The difference will be is,
that now they are going to have a landscape buffer with a four -foot high wall, masonry wall, that will
separate a well lit area from the neighborhood as opposed to having what they have today. From my
humane side, I have looked at this from other aspects and this has got to be an improvement to the area. I
understand that they are very concerned because of their residential use, but as the Chairman mentioned,
this is a highly commercial district in this particular part of the City, and what we really want to do is,
limit any additional growth, because once this structure is there, then nothing else can continue to grow,
because we are trying to give a front to this particular corner off of 27'd Avenue. And, I would
respectfully request that you consider all the aspects here and the fact that the area does need some
repair, and that we could fortunately be able to do this here with this allowance. -
Commissioner Regalado: OK, Mr. Chairman.
Mr. Chi: Honorable Chairman of the Commission, I think what we have here is a once in a lifetime
chance to really change the character of this neighborhood for the better. I, what we have here, what we
have basically here is, to provide solutions. I think what our project has is the solutions to the
_revitalization of this neighborhood. We will solve the parking problems by- having the shops placed
exactly where they are towards the back facing the parking lot we will be able to solve the vagrant and
homeless population problem, and we will also by providing new construction and new renovation we
will solve the problem of loss of property values which has been going on for the past ten to maybe
twenty years. And, the way the configuration of this shopping center is set-up, we will also solve most of
the traffic congestion .problems. Here is a chance, a once in a lifetime chance to actually do something
about it. I besiege you, please take action in favor of this. Thank you, sirs.
Chairman Plummer: All right, I close the public hearing, and Dena...
Ms. Slazyk: Just one additional comment...
183 . June 8, 1999
Chairman Plummer: All right.
Ms. Slazyk:... that you need to be cautioned on. When you are hearing an application for a land use and
zoning change, these plans means absolutely nothing. Once you give a zoning and land use change, they
could build anything that's allowed on a C-1 on these properties. The other point of caution is that,
because the rest of the properties around these three lots are owned by the applicant, once these three lots
are changed, they would have fourteen lots in which to build anything that's allowed in C-1, and there
isn't anything anybody could do about it. There is no special permits, no design review, and with the
amount of property that he's got here, he could put a twenty story office building, and you know...
Chairman Plummer: Excuse me.
Ms. Slazyk:... hovering over residential...
Commissioner Regalado: But, if you have a covenant.
Chairman Plummer: They can volunteer a covenant. .:
Ms. Slazyk: If they could volunteer a covenant that ties them to something it, you know... But, a.=
covenant, you know, they can be amended, they come, they go. It's just a caution that once they get a
zoning and land use change, they can build anything allowed in the district.
Vice Chairman Gort: Let me give you a suggestion.
Chairman Plummer: OK, all right.
Commissioner Regalado: I'm... Yeah,.I just want to make a comment. I...
Chairman Plummer: I have closed the public hearing, and it's up to the City Commission.. Now...
Commissioner Regalado: Every day I, that I go to work I go by an empty lot that every day it's getting
worse. This is in the City of Miami, right on the limits, and I remember, and I am troubled by this. I
remember that someone was here to build an office building and something happened, and the
Commission voted and that person said, "well, I guess that person has the resources to leave that lot as
is" And, that lot has been empty and weeds and garbage and trash for so many months. I am concerned
that if this does not go through the neighborhood will remain as it is now, and you know, we have the
market there, we have the bakery, . we have the church, and we have the parking lot. We have the
homeless, we have these two houses that are really dilapidated, and my question is, for how long will this
be there? I mean, if they don't do this, I think that the neighbors have a pointin defending their area, in
ti defending their neighborhood, but I don't know if there isn't a possibility of an agreement, a wall, some
trees that will be planted because, I mean, you know, if you plant trees in the area you don't want
anything. I think that a covenant could probably work out, I don't know. I guess that the neighbors don't
want any at all talks, I don't know. Willy, you said you had a suggestion, so let's... -
Vice Chairman Gort: Let me clarify a few points. To the Chi family, we appreciate it, we love you. I am
a founding member of the Greater Miami Chamber, Latin Chamber of Commerce and the
recommendations of the Chairman and the comments were very good, and all that, but you have to
understand, you are going into a residential area by three lots, not one. This case was in front of us three
years ago, they were only asking for one lot for parking. There was an opposition. Unfortunately, you
194 . June 9,1999
bought a distressed property, because the person that owned those properties allowed it to do so in order
Jo do this. Now, let me give you a suggestion. I don't know if you are an architect or an attorney or...
Are you an architect?
Mr. Saqui: Architect.
Vice Chairman Gort: You are an architect. As an architect you should know a lot better than to go into
the residential area with a commercial, and I am not an architect, and I apologize. But, you have open
area on northwest A Street. I think if you can come back to the neighbors and you take away that
building right next to the residential area and you put that building on 7* Street, and then you create
maybe a parking facility with the right landscaping and at the same time, when you do that, you will have
to landscape the whole parking lot, not only that, but the whole parking lot and put you... and it's better
off for you as a retailer to put your retail on 7'h Street which is already commercial and then you come
back here and maybe only have the parking in those lots and maybe the neighbors would not have that
much problem. I think the neighbors would have a problem going three, three lots into their
neighborhood, ruin a nice neighborhood and put a retail facility right next of it, and I think you can put
that retail facility on 7'b Street. You could probably utilize a lot more and maybe use that for a parking
lot. And, my suggestion is, I think you should defer this and try and go back to them and talk to them. I
have found in the past, that if people get together and if you can talk to each other you might come up
with a plan that's agreeable by the two parties.
Commissioner Regalado: One thing that I do not have a problem with is, the suggestion of bringing this
issue back, but the neighbors... There are two issues here, and the City Attorney wouldn't let me talk
about the neighbors, so I won't. But, the neighbors have to understand that the City wants to move
forward with new projects, new buildings, and the property owners have also to understand that the City
wants to defend their neighborhoods. I think that there can be an agreement. - The fact, that there might
not be an agreement now is because in the past, the neighbors have gotten together and have fought and
the people have decided to quit. My fear is that we will see here the same scenario that we are seeing in
Southwest 37t6 avenue. The owners...
Chairman Plummer: Is your motion going to be to defer?
Commissioner Regalado: ... ust decided to quit. The people... The owner decided to quit and the empty
lot, it gets worse, worse every, every day.
Vice Chairman Gort: Tomas, both you and I know that we tried to work with that gentleman, but that
gentleman did not want to do anything. So, that's...
s Commissioner Regalado: Well, that's what I... Exactly, exactly.
1
Vice Chairman Gort: But this is a different...
Commissioner Regalado: No, it's no difference what we have here, Willy.
Vice Chairman Gort: This is a different group. This is the Chi family who has been involved in this.
They know the neighborhood, they know the business very well.
Commissioner Regalado: Yeah, but Willy, what we have.... What we have here is people with adamant
positions, and I am afraid. I am telling you, that I am really concerned that these houses would get worse
195 . June 9,1999
and worse, and worse, and some... And then, it would wound up in Code Enforcement, and Code
Enforcement will take about a year to demolish the houses. That's what I am afraid of.
Chairman Plummer: The floor is open for a motion.
Commissioner Regalado: So, I don't know if it's the will of the Commission to bring this back next
month, and they can meet....
Chairman Plummer: The floor is open for a motion.
Commissioner Regalado: Well, the motion...
Commissioner Sanchez: It's not my district, it's your district. You can make the motion or I'll make a
motion. -
Commissioner Regalado: I'll make a motion: The motion is that we would like to have this next meeting
and we would like to see the developer meet with the neighbors and discuss, and... -
Mr. Rod: We already did. We already met. [off microphone]
Commissioner Regalado: Well, excuse me. We were...
Mr. Rod: We already met. [off microphone]
Chairman Plummer: Sir, I have closed the public hearing. The Commissioner has the right to make his
motion. You might agree or disagree.
Commissioner Regalado: I am making the motion because I feel that there is the possibility of some
agreement. If not, like we said, then we'll decide, but I think that the neighborhood deserves the
possibility of you guys talking. So, the motion will be to defer to next month, and...
Chairman -Plummer: All right, a motion to defer P2r11 and 12.
Ms. Bianchino: July 27th.
Chairman Plummer: That's correct.
Commissioner Regalado: July 27th.
Chairman Plummer: Is there a second to the motion?
Commissioner Sanchez: Second.
Chairman Plummer: Motion is to defer and seconded. All in favor say "aye."
The Commission (Collectively): Aye. '
Chairman Plummer: Opposition? Show unanimous.
186 June 8, 1999
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-402
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-11 (PROPOSED FIRST READING ORDINANCE TO AMEND
ORDINANCE NO. 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, TO CHANGE LAND USE DESIGNATION
AT 2725, 2731 AND 2733 N.W. 6m STREET FROM SINGLE
FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL) AND
ITEM PZ-12 (PROPOSED FIRST READING ORDINANCE TO
AMEND ZONING ORDINANCE NO. 11000 TO CHANGE ZONING
DESIGNATION AT 2725, 2731 AND 2733 N.W. 6 STREET FROM R-
1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR JULY 27, 1999; FURTHER REQUESTING THAT
DURING THE INTERIM, THE DEVELOPER MEET WITH
NEIGHBORS AGAIN IN AN ATTEMPT TO REACH AN
AGREEMENT REGARDING THE RESIDENTS CONCERNS.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr. `
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Although absent during roll call, Commissioner Teele requested of the Clerk to be shown as
being in agreement with the motion.
Chairman Plummer: We'll now go back to item...
Ms. Slazyk: Item nine and ten.
. Ms. Bianchino: Mr. Plummer, Commissioner. r
Chairman Plummer: Dena.
Ms. Bianchino: Might I just add gentlemen, this...
Mr. Saqui: Thank you, Mr. Commissioner.
Chairman Plummer: Hold on. Dena.
187 • June 8, 1999
Ms. Bianchino: Sir, our staff is available based on Commissioner Gort's idea which we think is an
excellent one to sit down with you and try to work through this problem.
Chairman Plummer: Well...
Vice Chairman Gort: May I try to explain this in Spanish also, because I want to make sure all the
neighbors understand what we are stating, what we are doing here?
Commissioner Regalado: [translation in Spanish]
Unidentified Speaker: Talk to who? Talk to who?
Commissioner Regalado: Bueno, senor. OK.
Chairman Plummer: Ah, what's...
Unidentified Speaker. We are not District IV anymore, I can assure you.
Mr. Saqui: Thank you, Mr. Chairman and Commissioners.
Chairman Plummer: All right.
Mr. Saqui: We feel that's adequate.
51. DENY PROPOSED COMPREHENSIVE NEIGHBORHOOD PLAN AMENDMENT TO 10544 -
FOR 4854 N.W. 7TH STREET FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL.,
(See label 49)
Chairman Plummer: We are now going back to item nine and ten. That is 4854 Northwest 71h Street,
Vista Lake Apartments, and the intent is to try and prevent the parking spillage into residential
neighborhoods. Do we have the applicant signed up now?
Mr. Walter J. Foeman: Yes.
Chairman Plummer: Thank God. Is there other people here who will be — yes, I remember. OK. Can
you make your presentation in about five minutes?
Mr. Moche Casicher. I'll try.
Chairman Plummer: All right. Ladies and gentlemen, if I could have a little -order. You can have a seat.
This gentleman will be speaking for at least five minutes and, then, you will have your right to come up
and speak. How many of you wish to speak in opposition? One, two — one, two — to speak. Not in
opposition, but to speak in opposition. Two. All right. Then I will limit you to three minutes each.
Mr. Casicher: OK.
Chairman Plummer: All right. Sir, you have five minutes to start.
Mr. Casicher: Mr. Chairman, members of the Commission.
189 June 8, 1999
-,Chairman Plummer: And then you will have time for rebuttal.
Mr. Casicher. Thank you, Mr. Chairman. Mr. Chairman, members of the Commission, my name is
Moche Casicher and I am the architect for...
Chairman Plummer: Now — excuse me. Ladies and gentlemen, if there are to be private meetings, I
would ask that they be held out of the Chambers. Do I have to mention names? If there are private
meetings, I would appreciate they be held out of the Chambers, courtesy to the speakers, and I thank you.
Proceed, sir.
Mr. Casicher: Again, Mr. Chairman, members of the Commission, my name is Moche Casicher. I am
the architect representing Vista Lake Apartments and Mr. Jorge Muniz this evening. We are dealing here
with a property that has approximately two hundred feet in depth, to which the last 20 feet remaining is
zoned R-2. This property that we have in question lies on Northwest 0 Street and, interestingly enough,
the zoning map shows the boundary line cutting through just on these two particular lots, the adjacent lot
where a shopping center has been built, and the property to which Mr. Muniz is under construction. We
have a legal building permit and we are not here this evening to debate the issue of the legality of
building the apartment building, to which he is under construction now, as I said. We are dealing here
with the aspect of servicing this building and one of the aspects in the design of this project was to locate.-
the lobby entrance fronting Northwest 7t° Street. As you can see, out of the ground floor -plan, and site
plan is that the main means of egress comes from 7* Street. The traffic enters from 7'b Street, it borders
through the inside of the property and, then, it comes out again on 7* Street. At no point is traffic — is
there any traffic spillage onto Northwest 6m Street. The garbage area, the trash, the rubbish, has been
located on the furthermost part of the property, and the reason I had designed it that way is to avoid a
hazardous condition on a high traffic — traveled area, which is Northwest 7th Street. Garbage is being
picked up on Northwest a Street right now. It's picked — it's being picked up at the shopping center
and, of course, for all the other commercial and residential uses in that area. My clientlas contacted the
adjacent property owners and out of the fifteen property owners that he has contacted, only two have
been in opposition. There are some residents here that have come in a great majority. There are thirteen
that have signed the petition to approve the aspect of having the garbage being picked up on Northwest
Oh Street with a barrier wall that will not permit any vehicular traffic entering Oh Street. Now, out of the
fifteen people that were contacted, two objected, and I believe there are some residents here that have
come to assure that, if you give a favorable vote this evening, that it will ensure them that there are no
vehicular traffic spillaging or spilling into Northwest 6th Street. Mr. Chairman.
Chairman Plummer: All right, sir. You will have chance for rebuttal. And, Lourdes, you wish to make a
continent?
Ms. Lourdes Slazyk (Assistant Director, Planning Department): No. I gave the presentation before. We
were waiting for the lobbyist registration, but I just wanted to see if there were any questions of the
department. Basically, it's for a twenty -foot strip, like he said. The original recommendation was for
approval. It was changed to deny when we found out that the zoning requirement for the wall would go
away with the zoning change and that's it. If you have any questions.
Chairman Plummer: What is our hold-up?
Mr. Casicher: Mr. Chairman, I would like to offer the Commissioners — the members of the — there is
a..
189 : June 8, 1999
Commissioner Teele: You have to take the microphone.
AA
Commissioner Regalado: Mr. Chairman?
Chairman Plummer. You have to speak into the microphone.
Mr. Casicher: I would like to offer...
Chairman Plummer: This is a covenant. No, this is — in fact, these are people who — is this yours?
Unidentified Speaker: Yes.
Chairman Plummer: All right. These are people in opposition.
Unidentified Speaker. Yes.
Mr. Casicher: OK. I was not familiar with that. But I have here the people that are — to approve the
project.
Chairman Plummer: You'll only have one copy, sir?
Mr. Casicher: I have a — several copies.
Chairman Plummer. Then make sure the Clerk has one for the record .
Commissioner Teele: The Clerk, over here.
Mr. Casicher: OK.
Chairman Plummer: Over here.
Mr. Casicher. And I have also a covenant that would run with the land that will avoid any- spillage of
traffic onto Northwest 0 Street and it will — and the developer will have to abide as a restricted covenant
that would run...
Chairman Plummer: Is that a covenant, sir, running with the land?
Mr. Casicher: That's correct, Mr. Chairman.
Chairman Plummer: Have you surrendered that prior to the City Attorney?
Mr. Casicher. I have surrendered this to...
Mr. Joel E. Maxwell (Assistant City Attorney): No, he hasn't, sir. I would ask that, first of all, if there is
any covenant considered by the Commission it would be on — it would be with PZ-10. We have not had
an opportunity to review this covenant and I would ask that, if you...
Chairman Plummer: All right. If it passes...
Mr. Maxwell: ... submit it, it will come back on second reading.
190 June 8,1999
.Chairman Plummer: Excuse me. If it passes, this is the first reading. If it doesn't pass, then there is no
reason to worry about coming back. OK.
Mr. Maxwell: OK.
Vice Chairman Gort: Ready to make a motion.
Chairman Plummer: All right. I — we are now going over to the objectors, of which I have given them
two speakers at three minutes each.
Mr. Angel de Pedro: Good evening. My name is Angel de Pedro. I live in 4750 Northwest a Street. I
live in that house for 28 years. Members of the City Commission, this is, respectfully, recommended that
the City Commission deny the request to eliminate, by rezoning, the existing 25& Street buffer at the
south of the property located at 4854 Northwest 7* Street. We, the neighbors, oppose the change from
residential duplex to restricted commercial based on the following reasons: The owner is ah-eady
building a six story high apartment building with 50 units and such property and the approval for
rezoning, without any restriction, would allow cars and pedestrians access to the rear residential street,
Northwest 6'h Street, would adversely affect the residential character of the neighborhood. This existing
zone, a residential duplex, has precisely the intention to protect the privacy of the residential.
neighborhood from the commercial nature. And the Miami Comprehensive Neighborhood Plan, 1998-
2000, specifically, requires the City of Miami to preserve the character of the existing residential area.
The denial of the rezoning would not have any bad influence for the investments success or the City
taxes. It can be seen along the Northwest 7t6 Street from 47'h Avenue to 57'h Avenue, where more than 12
similar or bigger apartments have been successful for years with the only access to Northwest 7'h Street.
Still, in the benefit of this referred property, is the existence of a lateral alley access for the trash
collection truck. The recommendation that we issued, like you see, are signed by thirty-eight neighbors.
Thirty-eight owners in that area. We can get more but the bad weather that we had yesterday, that is why
we only can get thirty-eight. But, unanimously, all the people don't want that one. Want to preserve that
area as a residential area. All the owners that live in that area live there for 10, 15, 20, 25 and there are
some for 30 years, and these people have access, like any other, twelve buildings that we have by
Northwest'1th. Not one of the twelve buildings that we have from 47th Avenue to 57 Avenue has access
in the back. All the garbage and everything is collected for the 7'h Street. We don't see any reason — I
am sorry. I am sorry, Commissioner.
Chairman Plummer: Wrap it up.
Mr. de Pedro: We don't see any reason why to have access to convert the 6'h Street in commercial area.
Thank you.
Chairman Plummer: Thank you, sir. The next speaker. J
Mr. Salvador Subira: I need some...
Chairman Plummer: Sir, you can leave it. You can leave it right there. Oh, you need the podium. OK.
No problem. No extra charge.
Mr. Subira: I made some maps that would...
Chairman Plummer: Sir, you have got to move it over. I can't see it.
191 . June 8, 1999
x
Mr. Subira: Yes...
Chairman Plummer: No, I can. It's up to the top. OK. Go ahead.
Mr. Subira: Do you see now?
Chairman Plummer: Yes.
Mr. Subira: My name — I am Salvador Subira and I am living at the 4800 Northwest 6'h Street, close to
the area. Thank you. I made some map because it will help to understand the condition there. This, as
you can see, reflects the area. This is Northwest 7'h Street. This is the Blue Lagoon in this area and then,
this is the 6'h Street in the northwest. I reflect it here. This is the side we are talking about, this in red. I
put in red all of the investments made in this area, similar to this one that is intended at this time. There
are some other tall buildings I didn't reflect here because their conditions to function are different from
this one, but these ones are equal, to this building. All these people have all the access through the 7th
Street, and all of them has been successful for years. They didn't have any problem. They are not
empty. They are full of people, and they can — were built through the 7* Street and not only that now,
they are functioning for trash, for everything, to 7'h Street, without any trouble. This area, you see here in
blue, is the residential area, which. is close to here. As you see — let me bring the other one — this is the. -
lot we are talking about and, then, this is all the residential area here. As you can see in some paper that
has been delivered to you recently, I show the lot and I show this area, this street which is here, is kept in
some maps in the City of Miami, who reflects the buffer was designed from — some planning was made
for that area. It reflects that this was the real intention to become a buffer to protect, you know, the
character of the residential area against the intrusion from some residential investments here: This shows
very clear that having this building come into this place, just in the middle of all this residential area,
high density, six stories, fifty living units there, is going to have a great impact in some It 2 area. So, we
want to keep protected from this intrusion, which is going to make our life full of all intrusions, the noise
and all the mess it creates, the commercial movement of people of crowded buildings. I want to tell you
about this, that this area that you have here, you know, is a commercial area at this time and all this area
works for the trash collection with this alley and this alley has some access here, also. This alley is the
one by which all the collection of the trash is made, not by here, just by here.
Chairman Plummer: All right, sir.
Mr. Subira: And this...
Chairman Plummer: We'll ask you to wrap it up, please.
Mr. Subira: Yes. And this has access to the building he is intending to do now. So, it's not impossible
for him to have a different solution good for him and good for us. Our case is different from the ones
before. We don't have nothing against the investment here, which is good for him and is good for the
City. But what we want to do is that this investment is not going to become our former investment to get
into a troubled life. For that reason, this investment was stuck here. They don't need really to have too
much because they have already one alley and they are involved in the two sides of the alley and they
have the right to come here. This is not a case like this one. It's very different. So, we want the
Commission, the authorities, to help us to see that we don't have to move to Coral Gables, that we have
to keep in Miami and having some good residential neighborhoods.
Chairman Plummer: Thank you, sir.
192 June 8, 1999
Mr. Subira: Thank you for your...
Chairman Plummer. You have a few moments of rebuttal, sir.
Mr. Casicher: Mr. Chairman, thank you for the three minutes. I would like to rebut the gentleman.
Actually, I would like to, if possible — I like your maps. If you would — can leave them up because they
are very beneficial for my rebuttal. Either — that's good. That one is very good. I would like to show
you a picture of Northwest Oh Street, where garbage is being picked up in the shopping center that is
located immediately next to the property. You can see the garbage bin right here and, actually, you can
see, and the wisdom in which it was articulated, the twenty foot buffer that only extends to this shopping
center and to this property only. There is no other buffer elsewhere. Interestingly enough, the property
that is located at the end of Northwest 6's Street is zoned residential R-4, to which two hundred units can
be built and access could be obtained coming out of Northwest a Street by Code. So, unfortunately, for
the neighborhood on the property that is located west of this property, they — unless the City so plans to
prevent the traffic spillage onto Northwest 6'h Street, you may lower, or you may have that coming.
Nonetheless, the picture that you have at hand shows what has happened to that twenty foot landscaping
strip and the garbage that is being picked up in the shopping center. What we propose is — and we
worked with Planning and we worked with Zoning — is to have a landscaping area, as you can see it
marked in green, that we can protect, where garbage will not be dumped, and a small strip where we can -
put a hedge on Northwest 6'n Street. Now, please, realize that the twenty foot strip that we are speaking
of is not buildable; we can't put a duplex there; we can't put a shopping center there, nor we can ever put
any type of use, other than landscaping and the four cars that we are so providing. The six foot wall will
prevent traffic from coming into Northwest 6'h Street, and the only reason that we are here tonight is to
allow a garbage truck to come twice a week and pick up the garbage for this building, like it's normally
done in that neighborhood. Thank you.
Chairman Plummer. Thank you, sir.
Mr. de Pedro: No. May I say a couple of things?
Chairman Plummer. No, no. We have closed the public hearing, unless a Commissioner asks for you to
make a comment.
Vice Chairman Gort: Oh, go ahead. Ask a comment.
Chairman Plummer: All right. Mr. Gort — Angel, Mr. Gort has asked you to come up and make a
comment.
Mr. de Pedro: The comment that I want to make, Mr. Commissioner, is that -the Planning Department
denied this petition.
Chairman Plummer. Yes.
Mr. de Pedro: And, besides that one, the Building and Zoning Board denied, unanimously too, this
petition. The idea of this twenty feet that you have there is to comply with the comprehensive — OK.
All right. That's it.
Chairman Plummer: All right. I have already closed...
193 June 8, 1999
Mr. de Pedro: Thank you.
r
Chairman Plummer: I have already closed the public hearing and I ask for discussion among the
Commissioners.
Vice Chairman Gort: Discussion. Let me tell you, like the one in the past, every time you go into the
residential area — you have got a very good residential area there. I would hate to see it ruined. For that
reason, I will follow the Planning Department and recommend against it.
Chairman Plummer: All right. Mr. Regalado, this is in your district..
Vice Chairman Gort: It's my district.
Chairman Plummer: It's your district?
Commissioner Regalado: No, sir, it's Willie Gort's district.
Vice Chairman Gort: It's my district.
Chairman Plummer. And you're —,are you ready — is anyone else wishing...
` Vice Chairman Gort: I am making the motion. .
Chairman Plummer: ... to make a comment? Then a motion?
Vice Chairman Gort: Motion to deny.
Chairman Plummer: Motion is to deny. nine. Is there a second?
Commissioner Sanchez: Second. Second.
Chairman Plummer: There is a second. Is there any further discussion? We don't have to read it? All
right. Call the roll.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-403
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE
TO AMEND ORDINANCE NO. 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, TO CHANGE LAND USE DESIGNATION
TO 4854 N.W. 7 STREET FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL.
194 June 8, 1999
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
52. DENY PROPOSED AMENDMENT. TO ZONING ORDINANCE 11000 TO CHANGE
DESIGNATION AT 4854 N.W. 7TH: STREET FROM TWO-FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL.--------'---!'--,-
Chairman Plummer. Does that automatically kill ten or do we need a motion? We need to take ten up
and, Mr. Gort.
Vice Chairman Gort: Ten, move for denial. -
Chairman Plummer: Move to deny ten. Is there a second?
Commissioner Sanchez: Second.
Chairman Plummer: Seconded. Is the motion understood? Call the roll.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-404
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE
TO AMEND ZONING ORDINANCE 11000 TO CHANGE ZONING
DESIGNATION AT 4854 N. W. 7 STREET FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
195 . June 8, 1999
,. 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.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None. - .
53. CONTINUE CONSIDERATION OF PROPOSED DELETION OF PROVISIONS REQUIRING
REVIEW OF CERTIFICATES OF APPROVAL BY THE URBAN: DEVELOPMENT REVIEW
BOARD AND PROPOSED AMENDMENT OF ZONING ORDINANCE 11000 - TO ALLOW FOR
PRIVATE FUNCTIONS TO BE HELD AT CLUBS .OR- LODGES BY MEMBERS OF GENERAL
PUBLIC. (See label 73).
Chairman Plummer: Yes. I am going to skip around again now. Excuse me. I am going tb skip around
because there are people here that are waiting, I think, for some of the stuff in blue papers.- The others
are City things, correct?
Ms. Dena Bianchino (Asst. City Manager/Planning & Development): We are going to ask to continue
item PZ-13 till July 220d. That will give us...
Chairman Plummer: Wait, wait, wait. Slow down, slowdown.
Ms. Bianchino: That's the next item.
Chairman Plummer: OK.
Ms. Bianchino: Continue please until July 22°d.
Chairman Plummer: All right.
a
Vice Chairman Gort: So moved.
. _ Ms. Bianchino: Twenty-seventh.
Chairman Plummer. How about 14?
Ms. Bianchino: Fourteen, we need to hear.
Chairman Plummer: Why?
Ms. Bianchino: Because it's important to the Economic Development of our City.
196 June 8,1999
Chairman Plummer: Chicken. What about 15?
,Mr. Walter J. Foeman (City Clerk): We have got to take a roll call. Mr. Chairman?
Ms. Bianchino: We can continue that one, too.
Chairman Plummer: All right. What about 16?
Ms. Lourdes Slazyk (Assistant Director/Planning Development): This is Habitat for Humanities.
Ms. Bianchino: We can't.
54. DEFER CONSIDERATION OF PROPOSED ACQUISITION OF MOTOROLA ZTS 3000
PORTABLE RADIOS. (See labels 9 and 40).
Chairman Plummer: All right. We are going to go to the blue sheets of the regular agenda. Excuse me.
Mr. City Attorney, tell me how, on item number three, with Motorola, that I do that as a continuance
rather than a deferral, so it can be heard at the next meeting if they get the necessary information?
Mr. Joel E. Maxwell (Assistant City Attorney): Well, this — what you do is set a specific date. Has the'*"
item — have you taken any action on this item so far?
Chairman Plummer. Yes. We deferred it.
Mr. Maxwell: You did?
Chairman Plummer. All right. ;t
Mr. Maxwell: Defer it to just indicate the date it's being continued to.
Chairman Plummer: All right. Mr. Teele, what we would like to do is to continue the Motorola item
three until the 22°d of June. 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.99-405
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 3
(PROPOSED ACQUISITION OF MOTOROLA ZTS 3000 PORTABLE
RADIOS) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR JUNE 22,1999.
197 June 8, 1999
.. Upon being seconded by Vice Chairman Gort,. the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: All right. We are going to go now to the blue sheets. Aren't they on the blue
sheets? What item are you here on, sir?
Vice Chairman Gort: The one you are on.
Chairman Plummer. Which one?
Unidentified Speaker: Chalks, Chalks.
Vice Chairman Gort: The blue sheets.
Chairman Plummer: I am going to the blue sheets.
Commissioner Sanchez: See what I have to put up with all day. `
Chairman Plummer: You dumb -dumb. All right. The Honorable Mayor Carollo has nothing for the
agenda. My district is number two, the discussion and adoption of the Upper Eastside. That had to be
deferred out because of some advertising.
Vice Chairman Gort: My District 1 is first.
Chairman Plummer: What?
u
Vice Chairman Gort: My District 1 is first.
Chairman Plummer: No. 1
Vice Chairman Gort: Go ahead, go ahead.
Chairman Plummer. No, that is not true. You lie.
Vice Chairman Gort: Go right ahead.
199 June 8, 1999
M. DISCUSS CHALKS AIRLINE - WATSON ISLAND TERMINAL.
Chairman Plummer: All right. Discussion on Watson Island. Chalks Airline. This item, they asked me
to put on for discussion purposes. Dena. All right. Jim, you are going to have about five minutes, all
right? And, in that five minutes, you can tell us anything you want about how bad you may want to put
Chalk Airlines back in service and whatever else in that fly-by-night outfit, but then we will have some
discussion. But he understands that there is no action to be taken today. Mr. Jim Carwash Confalone.
Mr. Jim Confalone: Hello. Thank you for letting me come in here tonight. I appreciate...
Chairman Plummer: Start off by your name and mailing address.
Mr. Confalone: OK. My name is Jim Confalone. I live at 3300 South Moorings Way in Coconut Grove
and I have been a resident of Miami for 35 years, and I am the prospective purchaser of Chalks
International Airlines. I have a letter of intent that has been signed and we have put up a sizable deposit
for the airline with the bankruptcy court and the trustee, and the federal judge presiding over the case has
approved our letter of intent, and, consequently, we are here because we have given out a written
proposal to all the Commissioners and we want to explain the proposal in detail, if possible. And we
have numerous things to do to put this airline back to where it was. As a matter of fact, we have""
accomplished a lot in the last two months.
Chairman Plummer. Excuse me, Jim. I thought I said five minutes on the clock. I did say five minutes.
Mr. Confalone: I know you did.
Chairman Plummer: Now, you are starting your five minutes, sir.
Mr. Confalone: Oh, great, super. You said two minutes earlier. I mean, a couple of weeks ago. But,
needless to say, we have done an awful lot in the last two months to try to put what we call "Humpty-
Dumpty back together again," because the last owner of the airline has disassembled the airline quite
badly. The airplanes were sold, other airplanes were contracted to be sold, and these were the airplanes
that were being used by Chalks. And, consequently, if we didn't get to keep those airplanes in the fleet,
then we would have shut the airline down permanently and that would have probably happened a month
ago. We traveled to Dallas and we prevented a lot of these things by going to the bankruptcy judge and
pleading our case there. And Bill Jones is the president of Chalks here and he's here with me today.
And what we have here is an airline that's the oldest airline in the world. There is only one other one
that disputes that and that's KLM Dutch, but they are like St. Augustine, Florida, the oldest, continuously
settled city in the United States, as opposed to Pensacola, the oldest city in the United States, but Chalks
is the oldest one. Nineteen -nineteen is when it started and it's...
Chairman Plummer: And the smallest airport.
Mr. Confalone: And the smallest airport, which is, you know, on Watson Island. It started in Watson
Island and it has been there every since and continually. Now, I must say there was a little hiatus there
when Pappy Chalks went into the military for a short stint and came back and he continued right on the
same site. Now...
199 June 8, 1999
Chairman Plummer: And you might also say that Chalks Airlines never lost a passenger. There was an
unfortunate episode that took place there one time, but it had nothing to do with the airlines. They have
never lost a passenger.
Mr. Confalone: That is some safety record. As a matter of fact, that's one of the items that we were able
to convince the insurance companies. We traveled to New York a week and a half ago, Bill and I did, to
convince the insurance companies not to drop us because it's very difficult to get seaplane insurance.
Now, I don't have to remind anybody here of the historical significance of this airline. I mean, it's the
oldest airline. I mean, it's almost a historic site seeing these airplanes taking off and land in downtown
Miami. As a matter of fact, we are...
Chairman Plummer: Jim, can I help you?
Mr. Confalone: Yes, sir.
Chairman Plummer: OK. We all know the history of Chalk Airlines and that's really not what we are
here about tonight. _ What we are here about tonight, as I understand it, is trying to see if there is a way
that we can keep it here. Now...
Commissioner Teele: A way we can what?
Commissioner Sanchez: Keep it here.
Chairman Plummer. A way we keep it here, OK. And Dena is the lady who has got to be in negotiation
with you about this airline. And, so, I would like to hear from Dena, what her thoughts are, as to what
needs to be accomplished in the areas of negotiation so that you and her and us are all on the same page.
And, so, if you have no objection — you will still have two minutes and forty-five seconds left — I would
like to hear from Dena, her thoughts on the matter, what she is going to do and how she is going to do it.
Because I think there is a timeframe in this, as far as the bankruptcy court is concerned. So, Dena, I
would like to hear from you at this point.
Ms. Dena Bianchino (Assistant City Manager/Planning & Development): Thank you, Commissioner.
We are completely, 100 percent behind saving Chalks Airlines. I don't think there is any question about
that. I must tell you, Commissioners, however, that this gentleman is in negotiation with the bankruptcy
court at the time. He is in a 60-day due diligence period, where he can make up his mind whether he
wants to buy the airline. And you should know, there are other people behind him who are interested in
buying the airline. So, this isn't just an issue of saving Chalks. It's an issue of getting a lease at the
aviation facility that will allow the aviation facility to operate. Now, this gentleman has come up with
two offers to the City. Number one, do away with the Greater Miami Visitors and — I am sorry. The
4 W Greater Miami Visitors Bureau completely and let him build his own airpor"- t his own expense, on the
site. Doing that, obviously, we would not have any agreement with the Greater Miami Visitors Bureau,
and also, we would be giving up a three point two million dollar ($3,200,000) FDOT (Florida
Department of Transportation) grant that we have gotten for this airport. It's possible. It would have to
be approved by MSEA (Miami Sports and Exhibition Authority), as well. Because, I think, as you know,
that MSEA controls this property, not the City. That is his first proposal: wipe everything away, start
over, let him build an airport and pay us what we feel to believe is not a fair market rent. The second
proposal is...
Chairman Plummer: Well, but that's a starting point of negotiations, isn't it? I mean...
200 June 8, 1999
Ms. Bianchino: Well, we have had discussions. We are prepared to ask for more money again.
,Mr. Confalone: Well, the airline is in bankruptcy right now, Chapter 11, and it's got so many expenses
that we are trying to pay back. As a matter of fact...
Chairman Plummer: Well, sir, what I am saying to you, Jim is...
Mr. Confalone: It loses.
Chairman Plummer: ... it's negotiable, OK. We might start you out with a low rent the first year and then
accelerate it up. There are all kinds of options, and Dena has a full deck of them. So, go on from there.
Ms. Bianchino: The other option is to work within the framework that we have already established with
the airport terminal that you have all seen and we all know and try to get an acceptable rent once again so
that we can operate the facility. There is an issue here, though, and it's a design issue. We feel we have
— had designed one of the most beautiful buildings in Miami and there is a great difference of opinion on
this, and this gentleman will not occupy the building unless we change the architecture. So, that's a
major piece of work. I want to add one thing. We are more than happy to continue our discussions. This
is in the empowerment zone. There would be benefits available to any owner of Chalks, not today, but
perhaps, in six months, or so, that would not be available in other parts of the City. So, a big piece of this.
puzzle is that the site is in the empowerment zone, and there may be loan money available from the
empowerment zone and job tax credits and all kinds of things that you could take advantage of. So,
basically, at this point — I mean, I am bringing you up-to-date. I have nothing further to add to this
matter.
Chairman Plummer: All right. Let's go. Jim. You know, really, what I am looking at, OK, we know
there is a time frame of 60 days and for him to make up a logical and good decision, financially, which he
has been known to do, he's got to have answers and he's got to know where he is and what he can do and
what he can — you know, how he can negotiate. Dena, do you feel that you can come back to — what's
your deadline, actual date of 60 days?
Mr. Confalone: Actually, you have about 30 days left right now. I mean, 30 days into the 60.
Chairman Plummer: Well, I can't put the pressure on her to come back in two weeks, OK. Now, what I
could do is ask her to come back on - my eyes are failing me - what's the fast meeting in July?
Commissioner Sanchez: The 7'h. No, the I.P.
Chairman Plummer: No. Thirteenth?
Ms. Bianchino: That would work.
Chairman Plummer: OK. What I would — you know — and, Jim, it's going to be up to you to work with
her and make yourself available...
Mr. Confalone: Oh, I am available a hundred percent.
Chairman Plummer. ...for her to be able to come back because she has to have everything in our hands
five days prior to the meeting. So, you want to say something else before we say thank you and go to
negotiations?
201 June 8,1999
,Mr. Confalone: If I could, just for one second.
Chairman Plummer: You got it.
Mr. Confalone: Chalks is seriously in Chapter 11. It's still operating. And we have looked at the
figures, and the only way that this airline is ever going to survive is if we remove some real big expenses,
and the biggest one happens to be the airplanes. The airplanes are being — they are supposedly being
leased, but their lease is now abrogated because of the bankruptcy. At thirty thousand dollars ($30,000) a
month for each one — and there is five of them there. Now, I am going to purchase all those airplanes. In
fact, I have a contact, right here. Just came today, Federal Express, to purchase those five airplanes, plus
fourteen others that are all seaplanes, and they were all part of Chalks before. But we are going to take
and inject those airplanes into Chalks, free of charge, just to get it to — the little canoe to come out of the
water — that it's under water, and it will bring it right up to the edge of the water line. And we have all
the figures. Bill can go over them with you. And, consequently, we can't afford big rents. This — you
know, it just doesn't work. In fact, we can barely, you know, keep the canoe above the water by putting
these airplanes into the equation, free of charge. Now, we are going — I am going to do that, personally,
just to keep Chalks afloat. If I didn't do that — and I know — J.L. said there were other people. There was
nobody else at the bankruptcy court when I was there. As a matter of fact, to the point where they gave
me the right of first refusal because I have already spent about one hundred thousand dollars ($100,000)=
in attorney fees. Also guarantees to these people, who had these leases on these airplanes. They were
going to take them away because they weren't being paid. I have given them all kinds of guarantees. I
am committed right now to go forward. I have to. Otherwise, I am going to lose these airplanes. So, I
am going to take a chance, and it's a calculated chance, and I think everybody here really wants to see
Chalks survive, and I do too, and I want it to work very nicely for the City. I think it's a great thing for
the City and I think it's going to be — you know, I personally love that little airline. And I know that Bill
has been here sixteen years and you wouldn't believe the drive this fellow has. I thought I had it.
Terrific. I mean, we have worked very closely together on a lot of key issues. I mean, it seems like
minute by minute there is a problem to be solved. We have solved every single one of them: The only
one left is this one right here.
Chairman, Plummer: OK. Look, I think we are all trying to work together. Not that we are trying to put
money in your pocket, but we are trying to keep a part of this community because there is nothing more
gorgeous than to be in downtown and watch that plane come over the top of Bicentennial park, take the
roof off the new Arena and land in the bay.
1 Commissioner Sanchez: J. L., Chalks is to Miami is what cable carts are to San Francisco.
Mr. Confalone: That's right. That's right.
Chairman Plummer: Yeah, more or less.
Commissioner Teele: Mr. Chairman?
Commissioner Sanchez: It is.
Chairman Plummer: Mr. Teele.
202 June 8, 1999
Commissioner Teele: Mr. Chairman, I want to be on record as saying that I am very, very uncomfortable
,with the position that we are taking and — I mean, our goal — our number one goal in this should be to
provide transportation and jobs. How much are you asking for us in a 108 loan?
Mr. Confalone: We are not asking for any money, at all.
Commissioner Teele: All right. But we are going to put up twenty million dollars ($20,000,000) in 108s
for Parrot Jungle, right there across the street. I mean, it's easy to look at rental but it's also, I think,
important to look at economic impact. And the federal guidelines, of course, and the empowerment zone
issue, which staff is bringing up, are very important. But I also think that you all are trying to run this
thing in the market place and to the extent that you are not asking us for things that we are giving other
people in the same general area, I think we should take that under note. What is the comparability of the
rentals, per flight, that we are going to be charging for their land lease as compared to what, say Opa
Locka or what the Tamiami Airport is charging?
Ms. Bianchino: We don't have that comparable because we haven't reached any agreement with this
gentleman, at all.
Commissioner Teele: But don't we have a range of — that we are talking about?
Ms. Bianchino: Well, what we have established, through appraisal, is a fair market rental, for an airline
operating out of a municipal airport. That was done through an appraisal. It's square footage. I think
it's twenty-three fifty a square foot. That's a fair market value. He is not willing to pay that. And I
would like to just clarify one other thing, if...
Commissioner Teele: Excuse me just one minute. I would be very interested in knowing what the
comparables are for Tamiami, Opa Locka and the other airports. See, the key thing, Irthink, that we are
getting ready to get caught on here is looking at the value of Watson Island real estate versus the industry
standards for landings and take -offs of an airline. And, so, the only thing that I am asking is, at least, I
would like to know if you were — what are those Grumman?
Mr. Confaloone: Gremons.
Commissioner Teele: Yeah. If that Grumman were landing in Tamiami, you know, on a comparable
commercial operation, what would you be paying? Because my fear is that, because Watson Island
represents such a development — opportunity is one word, but a development fantasy. I mean, every
great name that has come to Miami has fantasized about something they're going to build on Watson
Island. And the real estate value of Watson Island will never be — the commercial value of an airline will
never support the real estate value. I want to make sure we are talking airline to airline, not airline on
x Watson Island. And to the extent that we can develop comparables, whether -they be at Tamiami or Opa
Locka or, for that matter, even Bimini, you know — because that's the business you are in. And you get
no more value by being on Watson Island, from a commercial point of view than you would being, say at
Tamiami. So, I am trying to get at least my perspective that this should not be viewed as a development
deal and the type of rentals that are going to be associated with some very, very beautiful exclusive
development should bear no real relationship to the cost — the comparable costs of running an airline.
And I think that would be helpful to you. The other thing is, how many jobs are you going to create there
at Watson Island?
Mr. Confalone: Well, we don't know, presently. But I can tell you this. If you can compare an airline to
a car wash, my car wash, when I first built it where I was — where I am right now, we were trying to
203 June 8,1999
figure out how many people we are going to need there and we thought 18. Well, we have 162 now and
Ae oil change facility, which we are about to open this week, right across the street from the car wash,
that big yellow building on Bird Road and US-1 that we built will probably...
Chairman Plummer: Jim, we are not washing cars
Mr. Confalone: I know.
Chiarman Plummer: ... and we are not changing oil...
Mr. Confalone: It's a hard thing to...
Chairman Plummer: I would strongly suggest that you get with Dena and whoever she represents and
let's see if we can't come up with something that is agreeable, it's within the reahn of reality and see
what we can do. I want you to stay here. I think the community wants you to stay here. Let's see if we
can't, in good, good conscience, try to — everybody — work together. All right, sir?
Mr. Confalone: Thank you very much, all of you.
Chairman Plummer: OK. And, Dena, I would like, at the next Commission meeting, even though not a=
negotiated settlement, but I would like an update, in writing, as to where you are. -
Ms. Bianchino: Yes, sir.
Chairman Plummer: OK.
Mr. Confalone: Is there any way that that can be done before our time frame runs out? .
Chairman Plummer: I cannot put her under the pressure of two weeks. I am sorry.
Mr. Confalone: Four weeks?
Chairman Plummer: Four weeks it will be, yes.
Mr. Confalone: Four weeks would be right on...
u Chairman Plummer. Yeah, it is four weeks. It will be on the 13t6 of July.
Vice Chairman Gort: I think the suggestion by Commissioner Teele is very good, compared to what it
would have to pay another airport for landings and take -offs and soon.
Chairman Plummer: OK.
Vice Chairman Gort: But, at the same time, I think, if we can show the different benefit under the
empowerment zone, they might be able to save money from one side and put it on the other side. Thank
you.
Mr. Confalone: Thank you.
204 June 8, 1999"
56. AUTHORIZE FLEA MARKET BY C.C.A.L. CORPORATION AS TEMPORARY SPECIAL
EVENTS, AT 1480 NORTHWEST NORTH RIVER DRIVE, (MAHI SHRINE PROPERTY).
Chairman Plummer: District M.
Vice Chairman Gort: What about one?
Chairman Plummer: The new kid on the block. Let me — gentlemen...
Vice Chairman Gort: What about District I?
Chairman Plummer. I don't have a District I.
Vice Chairman Gort: Yes, there is a District I.
Chairman Plummer: There is?
Vice Chairman Gort: Yes.
Chairman Plummer: You know, I think you are right. There is a District I. Excuse me. I want to remind
everybody present that this Commission is over in 35 minutes. Now, you guys do all the talking you
want and I am not going to shut anybody up, including me. Mr. District I, Wifredo "Willy" Gort.. Move
it.
Vice Chairman Gort: Move the resolution, with conditions.
Chairman Plummer: Seconded by Mr. Sanchez, in reference to the Mahi Shrine property and the Flea
Market for four consecutive weeks. All in favor say "aye."
The Commission (Collectively): Aye.
;r-
Chairman Plummer: Opposed? Show it unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-406
A RESOLUTION WITH CONDITIONS, RELATING TO
TEMPORARY SPECIAL EVENTS, AUTHORIZING FOR A PERIOD
OF TIME NOT TO EXCEED FOUR (4) CONSECUTIVE- WEEKS,
THE OPERATION OF A FLEA MARKET BY C.C.A.L.
CORPORATION AS TEMPORARY SPECIAL EVENTS, AT 1480
NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA (MAHI
SHRINE PROPERTY); SAID AUTHORIZATION CONTINGENT
UPON THE ORGANIZER PROHIBITING THE SALE OR
PREPARATION OF ANY FISH PRODUCT AT EACH EVENT.
205 June 8, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
57. JOSE ALVAREZ' PROPOSAL REGARDING PLACEMENT OF STATUE IN A PARK GAZEBO —
SCHEDULED AS PUBLIC HEARING NEXT AGENDA. - w
Vice Chairman Gort: Number 2.. I would lice to have placed in next week's agenda - we have a '
donation from a group of individuals, where they would like to place a statue. What would you call this
facility, a gazebo?
Mr. Alberto Ruder (Director, Parks & Recreation): It's a very small, like gazebo -type building that's not
being used right now.
Vice Chairman Gort: This is a very small gazebo -like that's been abandoned. It has not been taken care
of. These people are willing for you to allow to put the statue, that we name the park after...
Mr. Donald H. Warshaw (City Manager): We'll put it on the next agenda.
Commissioner Gort: The next agenda For a public hearing.
Mr. Ruder: You want it as a public...
Chairman Plummer: Is that Alvarez?
Commissioner Gort: Yes
Mr. Ruder: ... as a public hearing at a time certain... 1
Chairman Plummer. All right, a public hearing at the next...
Mr. Ruder: Two o'clock?
Chairman Plummer: Two o'clock. No sooner than.
Mr. Ruder: OK.
206 June 8, 1999
t
58. DEFER CONSIDERATION OF "HELL RAISERS" POLICE PROGRAM IN LITTLE HAVANA.
Chairman Plummer: We have already taken care of "C". Look how fast we did item one -- District I.
District III, because we are going to eliminate District IV. We don't need that. Mr. Sanchez
Commissioner Sanchez: Thank you, Mr. Chairman. Item number "A", I'll go ahead and defer.
Chairman Plummer: Deferring item "A."
59. STATUS REPORT ON WORKERS' COMPENSATION ABUSES.
Chairman Plummer: We're now on "B".
Commissioner Sanchez: Item number two, discussing concern of the issue of Workmen's Comp., an
update. I just want to see how many cases have been closed. And I will ask that I have an update every
Commission meeting to see what progress is being made to close some of these claims.
Mr. Mario Soldevilla: We have closed, as of today, 590 cases.
Commissioner Sanchez: Way to go.
Mr. Sodevilla: And we also have about 180 more that we are looking into to close.
Commissioner Sanchez: Very good.
60. (A) DISCUSSION OF 2000 LEGISLATIVE AGENDA PRIORITIES
(B) DESIGNATE JOE SANCHEZ AS LEGISLATIVE AGENDA COORDINATOR FOR 2000
FLORIDA STATE LEGISLATIVE SESSION..`
Chairman Plummer: Discussion concerning 2000 legislative agenda. .
Commissioner Sanchez: Yes, sir, Mr. Chairman. This one, I am going to take a few minutes because I
really want to...
Commissioner Teele: Before you do, let me do this.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Would you yield? 1
Commissioner Plummer: Surely.
Commissioner Sanchez: Yes, sir.
Commissioner Teele: Mr. Chairman, I think that we all know that Commissioner Sanchez has taken the
legislative process extremely seriously and, in all seriousness, we owe him a debt of gratitude, every
Commissioner, because he's really representing the entire district.
Chairman Plummer: I move we don't pay him.
207 June 8,1999
A
Commissioner Teele: I would move that Commissioner Sanchez be designated as the legislative agenda
coordinator for the year 2000, that is, the coming session.
Chairman Plummer: Is there a second?
Vice Chairman Gort: Second.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-407
A MOTION DESIGNATING COMMISSIONER JOE SANCHEZ AS
THE LEGISLATIVE AGENDA COORDINATOR FOR THE 2000
FLORIDA STATE LEGISLATIVE SESSION.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer. All right. First reading of an ordinance. Can we do that on the blue papers?
Commissioner Sanchez: No. Wait, wait, wait. We are not done with "C", Mr. Chairman.
Chairman Plummer: What?
. z W Commissioner Sanchez: We are not done with "C "
Commissioner Teele: I sort of took it...
Commissioner Sanchez: Yeah.
Commissioner Teele: ...away from him, hoping that he would just waive it, but he's still going to take it
UP.
Commissioner Sanchez: No, no, no.
208 June 8, 1999
Chairman Plummer: I mean, you don't realize when you are ahead?
A
Commissioner Sanchez: Yes sir, I do.
Chairman Plummer: All right. Well, hurry up.
Commissioner Sanchez: All right. Very simple. I think that we should formulate a plan where this year,
for the year 2000 legislation, we don't do what we did last year, which was everybody — each district put
together a wish list. What we should do is put together a plan, as a whole, the whole community, where
we are able to sell the plan more. Because what we had was a wish list of each district and we had to run
down State Representatives and Senators that were only in that district.
Chairman Plummer: Well...
Commissioner Sanchez: What we need to do is put it as a whole.
Chairman Plummer: That's all well and... - =
Commissioner Sanchez: So, I ask the City Manager and Mrs. Wiley...
Chairman Plummer: That's all well and good but, you know, I think what we have got to really
:y understand — because there are some damn upset people in my district and I am sure others...
Vice Chairman Gort: So are mine.
Chairman Plummer: ...that the Governor cut and vetoed Legion Park, vetoed Virrick Park, vetoed
programs, and I think what we have got to understand...
Vice Chairman Gort: Farmers Market Place.
Chairman Plummer. OK. I think what we have got to understand is, you know, he ran and said before -
'*' shut u before he of elected he said, "If an " p - g d, anything is not of regional, he's going to veto it. And, I
think, you know, we have to respect that because that he ran on and if that's the case, then I think we
need to formulate our policy of this coming year with that in mind. Because I don't want to send you
back up there to Tallahassee to spin your wheels to try to get money that we know is going to be vetoed.
You know, my bid is the same as it's been every year and will continue as long as I am here, to get the
u legislature to change the wording of "tax exemption."
Commissioner Sanchez: Mr. Chairman, I'agree with you wholeheartedly, but one of the things is, we
must lobby 365 days a year.
Chairman Plummer: Right.
Commissioner Sanchez: Lobbying cannot be done two. or three months before the legislation, going up
there. We must lobby 365 days a year. And one of the things that we need to do is start early, put
together a good plan, a mission statement, and follow it through. We may have to even fly, maybe to see
the Speaker of the House or the Senate President and do things to continue to move the City forward.
Now, this year we did very well with the parking surcharge. Of course, you made it very — the Governor
made it very clear, no turkeys. Some of our items that were cut were not turkeys. We don't believe they
were turkeys. But he had a commitment to reduce the budget and he did. My thing is, let's get together.
209 June 9,1999
I'll work with Mrs. Wiley, the City Manager, and start working together, and I will put a proposal
.together for each district to give us something and then, whatever you want from that district, we'll put it
'together as a plan for the whole City and combine it to a regional state plan where, in that way, we are
able to have a smoother ride during the process in Tallahassee, and I ask that you support me on that.
61. FIRST READING ORDINANCE: AMEND CODE SECTION 2-6123 ENTITLED
"ADMINISTRATION/CONFLICTS OF INTEREST," TO LIMIT A CITY EMPLOYEE'S
APPEARANCE BEFORE ANY CITY OF MIAMI BOARD, COMMISSION OR AGENCY.
Chairman Plummer: All right. Item "D."
Commissioner Sanchez: Item "D", Mr. Chairman, is an item — first reading ordinance, and the reason
why I am presenting this is because I think it will be good for the City. One, it provides ethnic — ethic
guidelines for the City; it gives us — it sends out the message that the City is back on track. We want to
improve our image. And that ordinance is .very simple and it's entitled "Administration Conflicts of
Interests" to limit a City employee appearing before any City of Miami Board, Commission or Agency —
of course, we are piggybacking off of the County, which is a two-year period. That way, anybody in the
City, including the Commissioners, that are no longer employed with the City, cannot come in front of
this Commission and lobby this Commission.
Chairman Plummer: OK. That — I think the provision is today that that takes a four -fifths vote of a
waiver.
Mr. Alejandro Vilareilo (City Attorney): There is a waiver provision.
Chairman Plummer: There is a waiver provision. And are you saying to apply it or to remove it?
Commissioner Sanchez: Sir, to apply it.
Chairman Plummer: OK. I think it is in effect there today.
..
Commissioner Sanchez: No, sir.
Mr. Vilarello: No. There was an amendment made to the ordinance several years ago, which allowed
individuals who are members of — appointed members of boards to appear before the City Commission
or other boards, not their own. And when that amendment was made, it inadvertently removed the
11 prohibition for employees and this is putting it back in.
Chairman Plummer: OK. So you are moving it on first reading?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Read the ordinance. Call the roll.
Mr. Walter J. Foeman (City Clerk): I need a seconder, Mr. Chairman.
Chairman Plummer. Who is the second?
Vice Chairman Gort: Second.
210 June 8, 1999
Chairman Plummer: Second, Gort.
An Ordinance entitled -
AN ORDINANCE OF THE M AMI CITY COMMISSION
AMENDING CHAPTER 2/ARTICLE V OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED (TIC "CODE"),
ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST", TO
LIMIT A CITY EMPLOYEE'S APPEARANCE BEFORE ANY CITY
OF MIAMI BOARD, AMENDING SECTION 2-612 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILTTY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Vice Chairman Gort, and was passed on first
reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort -
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Chairman Plummer: What are you two gentlemen — what item are you on?
Unidentified Speaker: Kings Wrecker.
Chairman Plummer: A what?
Unidentified Speaker: Kings Wrecker.
Chairman Plummer: All right. That's on the record, sir. That's part of Regalado.- Is there anyone else
hereof the public —is there anyone else of the public here that has an item before the Commission? So,
this is the only members of the public — and, Mr. Regalado, I think that's in your — my Godl One, two,
three, four...
Commissioner Regalado: Mr. Chairman, I will only take two hours.
Chairman Plummer: What?
Commissioner Regalado: Two hours, maximum.
Chairman Plummer: Yeah, you'll take it alone. You'll be awful lonely.
211 June 8, 1999
Commissioner Regalado: Let's start by...
Chairman Plummer: All right. Let's do Kings — why don't we do Kings Wrecker first?
Commissioner Regalado: OK. Let's start by...
Chairman Plummer: That's item "G "
Commissioner Regalado: No, no. Let me say, item "B" will not be discussed. That has been ah-eady
resolved by the Administration.
Chairman Plummer: All right, "B" is taken care of.
62. BRIEF COMMENTS CONCERNING REGULATIONS FOR ADULT LIVING FACILITIES -
PREPARE LEGISLATION.
Commissioner Regalado: Item "C", Mr. City Attorney, just — if you can have legislation for next
meeting on the adult living facilities.
Chairman Plummer: OK. So, "C" is deferred to further legislation at the next meeting. Itea "D".
Commissioner Regalado: Do you have it?
Mr. Alejandro Vilarello (City Attorney): We still are in the process of getting information with regard to
the facilities and the problems with the facilities, and I need that before I can prepare legislation dealing
with the issue because, of course, some of this is preempted by state law. I''
Chairman Plummer: All right. Item "D".
Commissioner Regalado: But — one second, J.L. Do you want me to help with the state to get
information for you or you are going to do this through the Administration?
Mr. Vilarello: No, Commissioner. I believe we can get —I think we can get that information from within
the Administration.
y Commissioner Regalado: OK.
63. (A) DISCUSS AND DEFER CONSIDERATION OF TRANSFER OF OWNERSHIP OF KINGS
WRECKER SERVICE..
(B) DISCUSS RFP FOR TOWING SERVICES DIVIDED IN DISTRICTS`
Commissioner Regalado: We have a request from Kings Wrecker Service, item G, a concern — this
concerns a transfer of ownership. They sent a letter tome and to the Manager. The owner is here. What
do we — how do we do this, Mr. Manager?
Mr. Donald H. Warshaw (City Manager): It has to go before — the Police Department has a towing board
and I believe they have reviewed it, looked at it and there is no problem.!.
212 June 8, 1999
Chairman Plummer: The Police Department has a Towing Board? Who is on that board?
,Commissioner Regalado: Officer Moe.
Mr. Warshaw: Right. He's been doing it for...
Chairman Plummer: Is that the tow — I know Officer Moe. But when you speak of a board, it's usually
more than one.
Mr. Warshaw: Well, there's a group that's made up of people, I believe, from the industry and he's the
coordinator of it.
Commissioner Regalado: Yeah. They hear the complaints and all that.
Chairman Plummer: Send me a copy of who the members of that board are.
Police Major Longueira: Sure.
Chairman Plummer: Because we are going to have hell in the next meeting when we go and we redo the
wrecker districts. Because it's come out so far totally inequitable the last time we did it. But let's go.
` from there.
Commissioner Regalado: So, I'll move to approve the transfer of ownership of Kings Wrecker.
Chairman Plummer. You have done a background check on these people?
Police Major Longueira: Yes, sir. . .
z
Chairman Plummer. OK. And they are aware of all the provisions that have to be said and everything
that has to be done? You have checked their insurance?
Police Major Longueira: Yes, sir. We have no problem with this issue of them changing.
Chairman Plummer: OK. All right.
Vice Chairman Gort: I have a question.
Chairman Plummer: All right.
Vice Chairman Gort: When this meeting took place on the board, who was present on the board?
Mr. Warshaw: Well, I don't think this issue is an issue of a board. It's an issue of the police running a
background check on the company and then coming forward and saying that they didn't find anything...
Police Major Longueira: We are not changing the company. We are just changing the owner...
Vice Chairman Gort: Ownership, I understand that.
Police Major Longueira: ... of the company:
213 . June 8, 1999
Vice Chairman Gort: But my question is, sometimes we grant certain ownership or we grant certain
.things because of minority ownership and — is this one of the cases or it's not? And these are the things I
would like to know. Because one of the things we...
Police Major Longueira: It's still a minority ownership.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I have no objections to this item, but it seems to me that — when do
the current...
Chairman Plummer: November.
Commissioner Teele: November, right?
Police Chief Longueira: Right.
Commissioner Teele: When does the RFP (Request for Proposal) go out or the RFQ (Request for -
Proposal) go out? The current expires in this year.
Police Chief Longueira: Yes, sir.
Commissioner Teele: But, here again — I mean, we are back in this same box now. They'll expire and
then somebody will say, "Well, we need to extend," you know.
Police Chief Longueira: Right. '
Commissioner Teele: And what I am suggesting is, I would like to see the RFQ or the RFP on the streets
before we break for the summer. You know, this isn't rocket science stuff here, but the fact of the matter
is, I really'think we need to look at the five districts and ensure that...
Chairman Plummer: No, there's more than five.
Commissioner Teele: It's five legislative districts. Because, you see, what will happen is, is that jobs are
not getting in all of the districts and it makes no sense, in my judgment, for...
Police Major Longueira: Commissioner...
Chairman Plummer: I'll give you a copy of this. There are ten different companies.
Police Major Longueira: Commissioner, the last time we did this, you know, we redistricted, we added
some districts and we probably added one too many than we should have, trying to allow all the vendors,
and I think that's what threw it off.
Commissioner Teele: I understand your districts. I want you to understand my districts. I represent an
area and I am going to do everything I can to ensure that some of the contracts and benefits and
opportunities flow in the district that I represent, the one of the five districts up here, OK.
214 June 8, 1999
Chairman Plummer: Well, it's very simple, as far as I am concerned. There are ten companies. It should
.be two per district.
Commissioner Teele: Maybe, maybe not. But at least they should — no district should be excluded. The
issue that I am asking is that, when are the RFQs or the RFPs going to go out on the street? I mean...
Chairman Plummer: We've got to approve them first.
Commissioner Teele: Well, whether we approve them or not, J.L. — I mean, it's already June. You
know, the things expire in November. - If they are going to — if we are going to do anything on time
around here, they are going to have to go out.
Chairman Plummer: I don't disagree with you, sir.
Police Major Longueira: Would you like us to try and come back the second meeting of July with that
issue?
Vice Chairman Gort: Yes.
Commissioner Teele: I would very much appreciate it. And I also would...
Police Major Longueira: Because I asked the same question today, myself.
Commissioner Teele: I would also like to see a distribution of where these companies are, as it relates to
the five legislative districts that we have.
Chairman Plummer. I'll make you a copy of this. This tells you where the companies - how many tows
they have had on a monthly basis and all of that. • !
Commissioner Teele: Is that based on ten districts or five?
Chairman Plummer: Ten. Ten companies.
Commissioner Teele: OK, J.L. But I am asking something...
Police Major Longueira: One is a back up.
Commissioner Regalado: It's not done by district.
Chairman Plummer: OK, one is a back up. 1
Commissioner Regalado: It's done by company. What he's asking...
Commissioner Teele: I understand. And I am not proposing that it be done by district.
Police Major Longueira: Yes.
Commissioner Regalado: No, no. What he's asking is, he needs the information from each district.
Mr. Warshaw: Where the companies are.
215 June 8, 1999
Commissioner Teele: As to where the companies are. I mean, I don't want to see all the jobs...
Chairman Plummer: You mean physically located?
Police Major Longueira: No problem. We'll get you that.
Chairman Plummer: OK. Well...
Police Major Longueira: We will get that.
Chairman Plummber: ...the only thing I think you need to — and I am sure he knows. You know, they
either — the requirements, Arthur, they have to have a parking — they have to have a lot where these cars
are stored and that is always a problem. I am sure you are going to have a problem in Flagami or you are
going to have it somewhere else. I am sure I would have it in my district down south. In the north, no.
But I also want to make it sure that it's understood that these people —they are now — Kings is the highest
amount of towing of any of the ten districts, that they have no guarantee that they will even be in the ball
game come November. So don't assume anything. You are going to be transferred from now until
November, when the new contracts come out. What I am trying to say for the record, there is no
assumption of any guarantee to you or any other company for any assumption of what might you think =
come natural.
Major Police Longueira: Commissioners, what I would ask, if you do have input on the RFP, specific
things, please call me so we can try and accommodate that ahead of time.
Commissioner Teele: I know that the County is out right now with theirs. Don't you all require that for
stings and for certain operations you all use, like a stand-by vendor or something as a part of this?
Police Major Longueira: No. I believe we use the vendor in the area and that's why with Kings, I
think...
Chairman Plummer: Well...
Police Major Longueira: ... I think that's why they are high.
Chairman Plummer: And that, within itself, Arthur, is a problem simply because you have got three
wrecker services within about a two -block area on Miami Avenue. You have got Downtown, you have
got Midtown, you know, and you have got...
Vice Chairman Gort: Uptown.
Chairman Plummer: Uptown, around town. It's a problem. OK. -
Commissioner Teele: Well apart of — the only issue — a part of the RFQ should be very clear to get
geographic distribution. I mean, it doesn't — to me, if you are going to use wreckers in an area that are
creating jobs in that area, if you are going to be doing stings, if you are -going these type of suppression
activity, I would at least like to see the people in those area have the opportunity to work. That's all that
I am saying.
216 June 8,1999
Chairman Plummer: Yeah, yeah. And they also have a 30-minute response time and they can be put out
for that. They have to have certain equipment; they have to have insurance, and things of that nature.
Mr. Regalado — well, now, do we...
Commissioner Regalado: Do we need to — Mr. Manager, do we need to do anything about this — just the
fact that it has been approved by the Police, do we need to vote on it?
Mr. Warshaw: Let me ask the City Attorney.
Commissioner Regalado: Mr. City Attorney?
Chairman Plummer: And can...
Vice Chairman Gort: It's in the contract.
Police Major Longueira: No, I think you have to vote on it.
Chairman Plummer: Have we seen the contract?
Mr. Warshaw: I would think you would have to vote on it.
Police Major Longueira: Yeah, I think you would have to vote on this.
Chairman Plummer: No. But I am asking a question. Have we seen the contract?
Police Major Longueira: Between the two parties?
Chairman Plummer: The transfer. Yes.
Police Major Longueira: Commissioner, there is...
Mr. Vilarello: No, not that I know of. No. See, this item didn't come through us. It really came through
the Commissioner's Office:
Chairman Plummer: OK. This is discussion item. Would it not be right to have it on a regular agenda?
k Mr. Vilarello: What I would ask is for an additional time to take a look at this. There seems to be some
language limiting the transfers of wrecker services within this.
Chairman Plummer: Ok. l
Mr. Vilarello: And I would like to take a look at that.
Chairman Plummer: So, this matter will now be scheduled then for July the 22o, — I am sorry, June the
22°d.
Mr. Warshaw: June 22°d.
Chairman Plummer: June the 22°d.
217 June 8, 1999
Commissioner Regalado: OK.
.0
Chairman Plummer: We'll see you back on that particular date. Thank you.
64. DISCUSS PROGRAMMING ON CABLE TELEVISION NET 9 - AGENDA TO BE TELEVISED.
Chairman Plummer: The next item.
Commissioner Regalado: The next item is discussion concerning a status report on NET (Neighborhood
Enhancement Team) 9 and how we will utilize the Miami Police Department Public Information Office
related to the production of programs as directed by the Commission. Before Jorge gives us a status
report, I would like to ask the City Attorney — Mr. City Attorney, are the tapes of NET 9 public record?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Regalado: They are. If a member of the media requests a tape, do we need to give them
to them? Should they wait? Are we... - -
Chairman Plummer. Pay for it.
Commissioner Regalado: Of course.
Mr. Vilarello: It needs to be produced in a reasonable period of time, depending on the circumstances
that's — those are rules with regard to any public record. As I understand it, there are two video tapes
running: One is the record — the permanent record for the City Clerk, and the other one is the Media
One. But both of those keep running throughout the entire City Commission meeting, so neither one is
available for copying until the conclusion of the meeting. That's what I have been advised.
Chairman Plummer: All right.
Mr. Vilarello: And, then, as soon as that — the meeting is over, then, within a reasonable period of time,
some time tomorrow, they need to make a copy of it.
Commissioner Regalado: OK. Because...
Mr. Vilarello: At the requester's cost.
Commissioner Regalado: ...we had some requests from some media regarding the incident this afternoon
here and Jorge said to a reporter that the Mayor had a tape, so I don't know he could have gotten the tape.
� 1
Mr. Vilarello: I mean, the Manager and I both inquired and we were advised that that was not the case.
Chairman Plummer: All right.
Mr. Donald H. Warshaw (City Manager): There are no tapes available, except the two that are running in
the...
Commissioner Regalado: OK.
219 June 8, 1999
Chairman Plummer: We understand that. The earliest they can get them would be tomorrow at the
-earliest, if, in fact — Jorge.
Commissioner Regalado: OK. Let's...
Mr. Jorge Luis Hernandez (Director, Media Relations): That's right. I would like to add, if it is possible,
Mr. Chairman?
Chairman Plummer: For the record, your name.
Mr. Hernandez: For the record, Jorge Luis Hernandez, Director of the Media Office of the City of
Miami. We have the responsibility to make live broadcasting of these meetings. You are the elected
representatives of the people of Miami, and Channel 9 has the responsibility to inform live, to the people
of Miami, of the events taking place here. I think that, although we should be complacent to media
requests, we should enforce the policy that the control room, from which live broadcasting is taking
place, and three persons are working to maintain the program on the air and the quality of the program,
it's not a place to be stampeded by any member of the media or cameras because that's a working place
and that's exactly what happened.
Chairman Plummer. I would strongly suggest that they close and lock the door.
Mr. Hernandez: That's fine.
Mr. Warshaw: And let me just say that I addressed that without being confrontational to the people who
came back there, but basically...
Chairman Plummer: All right.
Mr. Warshaw:... several media people came in the back...
Chairman Plummer: It doesn't stink if you don't stir it. Enough has been said.
Mr. Warshaw: We'll make sure.
Chairman Plummer: OK? Thank you.
l� Commissioner Regalado: No. But this is not the issue.
Chairman Plummer: Well, the answer — your question was answered.
Mr. Hernandez: Well, this is what happened.
Commissioner Regalado: No one — no one in any commercial station, no one can walk into the control
room.
Mr. Hernandez: I would be arrested if I did what they did today here.
Commissioner Regalado: That's — well, I don't know how and why and who let them.
Mr. Hernandez: Well, I am telling you.
IN
219 June 8, 1999
Chairman Plummer: Excuse me.
Commissioner Regalado: We are not talking here...
Chairman Plummer: That is not the item before us.
Commissioner Regalado: We are not talking here...
Commissioner Plummer: The item before us is Cable 9, relating to the Police Department.
Commissioner Regalado: We — the item — it's about NET 9. It's about NET 9.
Chairman Plummer: Now, let's speak to the issue.
Commissioner Regalado: J.L., you know, if you don't want me, I won't say anything.
Chairman Plummer: No, no. Tomas.
Commissioner Regalado: You can. cancel all my items.
' Chairman Plummer: No, no.
Commissioner Regalado: But I am just saying that a director of a department said, in front of me to a
reporter, that the Mayor had a tape. I just want to know why that was said.
Chairman Plummer. And you have the right to that answer. Was it said? Is it true or it is not true?
'I
Mr. Hernandez: I want to set the record straight. We do have our original, which is the program that is
being conducted, and we have the responsibility to make one copy to keep the historical record of the
City of Miami. I am certainly not willing to surrender neither the originals of Channel 9 or the historical
record of the City of Miami. If they want a copy, they should do like any other media, request it to our
office and we will be more than glad to give it to them.
Commissioner Regalado: I didn't ask that. I didn't ask that.
Mr. Warshaw: Let me answer the question.
Commissioner Regalado: I didn't ask that.
Mr. Warshaw: The tape — the Mayor does not have the...
Commissioner Regalado: I didn't ask that.
Mr. Warshaw: Excuse me. The Mayor does not have a copy of the tape, period. The tape is...
Chairman Plummer: That answers the question.
Mr. Warshaw: Period. It's still running in the back.
220 June 8, 1999
Chairman Plummer: That answers the question. Don't editorialize. Hey, we have got eleven minutes.
Commissioner Regalado: OK. Look, I don't have...
Mr. Hernandez: And you know that Mr. Regalado because you have been a television man for many
years. You would not allow anyone to stampede into your program when you are live on the air.
Chairman Plummer. Jorge, sir, we do not need editorials.
Commissioner Regalado: Jorge, Jorge, I was the first to say that no one is allowed in the control room. I
said that. What I said is that you remember that, in front of me, you said that the Mayor had a tape. You
told the reporter from Channel 51, go and ask the Mayor, is that correct?
Mr. Hernandez: I am telling you like it is now.
Commissioner Regalado: OK. But that's why I asked because I heard you. I was there when you spoke.
So, I mean, it's not a problem. Tomorrow we will get the tape and I am sure that everybody will be
happy.
Mr. Hernandez: No problem.
Chairman Plummer: Oh, I would like a copy or two, or three.
Commissioner Regalado: I would — I am tired of — the Titanic is...
Chairman Plummer: All right.
Mr. Hernandez: The going rate is one hundred dollars ($100) per tape. ,
Chairman Plummer: Is that what it is? Well, charge it to crime because crime never pays.
Commissioner Regalado: Let me — Mr. Manager, just very briefly, when does the Police Department
Public Information programs will be aired?
Mr. Warshaw: The Police Chief — and before Major Longueira speaks. The Police Chief sent me a
memo regarding the three different areas and one was an auto theft and I forget what the — one was on
juvenile and I forget what the third one was. And they are working now to put together that information
so that they can create a program, and I think Angel Calsedilla came up with a format. So they are doing
that and, you know, we are going to coordinate it with NET 9 to get those programs done.
u 1
Chairman Plummer: Mr. Manager, I asked you be — if I may? Mr. Manager, I asked you before — and,
Jorge, I want you to hear this.
Mr. Hernandez: Yes, Mr. Chairman.
Chairman Plummer: We stopped sending out agendas to homeowner's associations. I spoke with the
Manager and I would like consideration to be given that, once the agenda is published on Cable 9 that
Friday, Saturday, Sunday and Monday, that it always be on Cable 9 at the same time, so people will
know when to watch it, if they have the opportunity. If not, then they do with the VCR (Video Camera
221 June 8, 1999
Recorder). And I think that would go a long way to allow people to understand and have availability to
.the agenda.
Mr. Warshaw: Here is what the issue is on that, and I remember we talked about that.
Chairman Plummer: Yeah.
Mr. Warshaw: There's a master tape that continuously replays on the weekends and the agenda is part of
that master. So, it...
Chairman Plummer: I am told by Felipe that they can, in fact, do it. If you wanted it every day at noon,
you could do it that way.
Mr. Hernandez: Actually, the agenda, once it's on the air, runs approximately every 30 minutes, because
it's part of the master tape that is computerized
Mr. Warshaw: Of the master tape. Keeps going. -
Mr. Hernandez: So, it runs every 20 to 30 minutes.
Chairman Plummer: OK.
Mr. Hernandez: All days.
65. APPOINT MARIO MARTI TO CHARTER REVIEW AND REFORM COIVIIVII =.
Chairman Plummer: All right. Mr..... . ,
Commissioner Regalado: OK. I have got ten more.
.. Chairman Plummer: Yes, sir.
Commissioner Regalado: An appointment of a member for the Charter Review Committee, if that exists
yet, Mr. Mario Marti.
Commissioner Teele: What are you...
�a
Commissioner Regalado: That's my appointment to the Charter Review Committee, Mr. Mario Marti.
The City Clerk told me that...
Chairman Plummer: Does he live in the City?
Commissioner Regalado: He does live in the City, is a registered voter.
Chairman Plummer: So, he is a voting member, not a technical?
Commissioner Regalado: He's a voting member.
Chairman Plummer: All right. "
222 June 8, 1999
,Commissioner Teele: Well, I hope he's not going to ask that there be a delay so he can get up to speed.
Chairman Plummer: Yeah, right. All right.
Commissioner Regalado: He's ready. He's ready.
Chairman Plummer: Do we need to vote on that? Mr. Mario Marti.
Commissioner Regalado: The other issue...
Chairman Plummer: We need to vote on Mr. Mario Marti. Moved by Regalado, seconded by...
Vice Chairman Gort: Second.
Chairman Plummer: The other guys.
Vice Chairman Gort: I did
Chairman Plummer: Seconded, Gort. All in favor of Mario Marti say "aye."
The Commission (Collectively): Aye. - .
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-408
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF
THE CHARTER REVIEW AND REFORM COMMITTEE FOR A
TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
s Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado .
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
223 • June 8, 1999
66. DISCUSS FACADE PROGRAM ON S.W. 8 STREET - CONSTRUCTION PROBLEMS.
y
Commissioner Regalado: Mr. Chairman, also on — we had — when we had a meeting in the different
districts, you know, for CDBG (Community Development Block Grant)...
Chairman Plummer: We are down to seven minutes.
Commissioner Regalado: Yeah — we discussed the possibility of expanding the facade program — the
facade program to the merchants of Southwest 8t6 Street, who have been impacted by the reconstruction
of the road. And, Gwen, at that time, was there and she said that she would work with it. So, Gwen, if
you can tell us...
Ms. Gwendolyn Warren (Director, Community Development): We are going to be making a
recommendation to ex — broaden the facade program to City — to that particular area and also do a
revised plan on a Citywide basis. So, we will be making a formal recommendation to the Commission on
the 2e.
Commissioner Regalado: Thank you very much.
67. DISCUSS EXAMS FOR PUBLIC WORKS AND OTHER DEPARTMENT POSITIONS (WRITING
SKILLS VS. PRACTICAL EQUIPMENT OPERATION SKILLS) -
Chairman Plummer: All right. Item I, written exams for Public Works.
Commissioner Regalado: This is — and I am sorry I didn't speak to Angela before and Jim Kay. But
several weeks ago there were some positions that were in Public Works Department and there were some
people that came to me and said, "Well, I have been in Public Works so many years, I know how to
operate the equipment and I know how to communicate and get the instructions in English. But when I
got the written exam, I did not pass and, because of that, I was not given that position." There were two
cases, especially — I can give you the details. So, my question, Angela, is whether we can sort of do —
Y . sort of a practical exam that would compensate if that person has a problem in grammar or in math or in
communications? After all, what they do is, they, you know, drive trucks and get marching orders. So,
that's what — that is what my question.
Chairman Plummer: OK. That's what he had in mind. All right Commissioner Teele, you don't show
anything on the blue sheet.
Commissioner Teele: Yes. The City...
S
` = Commissioner Regalado: Wait, wait, wait.
Chairman Plummer. I am song. I thought you were finished.
Commissioner Regalado: No. She has to answer.
Ms. Angela Bellamy (Director, Human Resources): Yes. Angela Bellamy, Director of the Department
of Human Resources. Commissioner, I am not aware of the specific case that you are speaking of but if
writing is not required of the job, then they would not be tested on writing. If it's a job that merely
requires that a person operate equipment or that they perform the job that doesn't require any writing and
224 June 8, 1999
so forth, we can give practical exams. I am not — if you would give me the information, I'll be able to
respond directly.
Commissioner Regalado: I will. I will. Thank you.
Chairman Plummer: OK.
68. COMMISSIONER TEELE REQUESTS ABOLISHMENT OF ADVISORY BOARD RELATED TO
OVERSIGHT PROCESS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Commissioner Teele: Mr. Chairman, the Attorney was supposed to place an item on the agenda
repealing an ordinance in light of the discussions with Mr. Beatty and the Manager and yourself and
myself regarding — if we could get that on the next agenda
Mr. Alejandro Vilarello (City Attorney): I am sorry. Repealing which — the Advisory Board?
Commissioner Teele: The Oversight process of the CDBG (Community Development Block Grant)
Mr. Vilarello: That Advisory Board that we had created?
Commissioner Teele: Yes.
Mr. Vilarello: I am sorry. I misunderstood. I didn't realize that that's what you wanted.
Commissioner Teele: OK.
69. AUTHORIZE IN -KIND SERVICES TO SUPPORT OVERTOWN CHURCH OF, CHRIST TENT
REVIVAL AT 1800 N.W. 1 PLACE.
Commissioner Teele: And, then the other item is a resolution relating to the providing of services for a
a tent revival. on June 20f°, Mr. Attorney.
Mr. Alejandro Vilarello (City Attorney): Yes, sir. The...
Commissioner Teele: You want to read that resolution, briefly?
4.6 Chairman Plummer. Old fashion religion.
Commissioner Teele: It's simply a resolution providing — authorizing the City to provide in -kind services
to support the Church of Christ on City -owned property at 1800 Northwesf7for a revival that's in the
heart of the inner City where drug things are going on all the time. I would so move.
Mr. Vilarello: It's just providing in -kind services.
Chairman Plummer: OK. It's moved by Commissioner Teele, seconded by...
Vice Chairman Gort: Second.
Chairman Plummer: ... Commissioner Gort. Everybody say hallelujah.
225 . June 8, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-409
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO A TENT REVIVAL, CONDUCTED BY THE OVERTOWN
CHURCH OF CHRIST, TO BE. HELD AT 1800 NORTHWEST In
PLACE, MIAMI, FLORIDA, A CITY -OWNED VACANT PARCEL,
BETWEEN JUNE 20TH AND JULY 1m, 1999; AUTHORIZING THE
CITY MANAGER TO WAIVE ALL NON-LABOR/PERMIT FEES
ASSOCIATED WITH SAID EVENT, CONDITIONED UPON THE
ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS
OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH
SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; (3) COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifiedo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
70 DISCUSSION CONCERNING THE MONTHLY FINANCIAL REPORT INCLUDING THE
BUDGET OUTLOOK AND A FINANCIAL UPDATE - POLICE OVERTIME - BUILDING PERMITS
TO BE PROVIDED TO COMMISSIONERS PER DISTRICT.
Chairman Plummer: All right. Now, Gentlemen, we have three minutes left- VVe have got items 33, 34,
35,36 and 37. Mr. Manager.
Mr. Donald H. Warshaw (City Manager): I'll do item 33 and make it in 30 seconds, just to tell you that
all the departments are in compliance with the Anti -Deficiency ordinance. Our budget, as a whole, is in
compliance and, as a part of the budget process, we will be completing and some time next week staff
from the budget unit will be meeting with members of your staff to discuss, you know, your next year's
budgets.
226 June 8, 1999
Chairman Plummer: Mr. Manager, I have asked for Police overtime on a monthly basis. I have not
received it. And I have asked — and I think that it should be the policy of this City — that in my district
and hence forth, any building permits that are being taken out, that a copy be sent to the respective
Commissioners offices. I got asked a number of times what's going there on Northeast 5" Street and 20d
Avenue? And I had to say, I am sorry. I don't know. I should not be in that position. I now know it's a
parking garage. But I think that we should at least be sent a copy of any permits that are drawn in our
district and we'll take it from there. Item 34.
Mr. Warshaw: Commissioner, excuse me. If I can just say that, the reason you are not getting those
reports, I thought we had said a couple of months back, that the overtime is part of the monthly financial
reports that you get every month...
Chairman Plummer. No, sir. I asked for a breakdown...
Mr. Warshaw: Separate memo.
Chairman Plummer: ... of overtime and what it's going for.
Mr. Warshaw: OK.
Chairman Plummer: You know, because I want to get back eventually to the Public Information Officers.
For example, in the Police Department, like the other night, they had a captain and two lieutenants on the
scene of scenario that was bad and they called in two PIO (Public Information Officer) Officers, that
were at home, extra off -time — if we can't have captains in our Police Department, who can't speak for
the department, I think we are in serious trouble. So, I'll get back to that at a later time.
71. DEFER CONSIDERATION OF TERMS OF ELECTED OFFICIALS AS MEMBERS OF
BOARDS.
Chairman Plummer: Discussion concerning the terms of elected officials as members of boards. Well,
who put that on?
Mr. Walter J. Foeman (City Clerk): I put that on, Chairman Plummer. That was a reschedule from the
meeting of April and, at that time...
Chairman Plummer: Can we reschedule that to the next meeting with no problem?
Mr. Foeman: We can, yes.
Chairman Plummer: All right, so we'll defer that or continue it to July — June -the 22m.
72. CONTINUE CONSIDERATION OF APPOINTMENTS TO: CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD, COCONUT GROVE STANDING FESTIVAL COMMITTEE
AND COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT
Chairman Plummer: Does anybody wish to make any appointments to either the Citywide Community
Development, Coconut Grove Standing Festival or Committee on Beautification or do you want to
continue it over to the next meeting?
227 June 8,1999
IL
Commissioner Regalado: Continue.
Commissioner Sanchez: Continue the re -appointments.
Chairman Plummer: Continue over to the meeting item 35,36 and 37.
Mr. Donald H. Warshaw (City Manager): And PZ-14, 15, 16.
Chairman Plummer: All right. I'll get back to that. So now, that, Mr. Clerk, completes, in total, the
regular agenda.
Mr. Walter J. Foeman (City Clerk): Yes.
[NOTE: AT THIS POINT, THE CITY COMNIISSION CLOSES CONSIDERATION OF THE
REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING
AND ZONING PORTION OF THE AGENDA.]
73. CONTINUE CONSIDERATION OF::.,,.::,.: -
(A) PROPOSED DELETION OF PROVISIONS REQUIRING -. REVIEW OF. CERTIFICATES OF
APPROVAL BY URBAN DEVELOPMENT REVIEW BOARD;
(B) PROPOSED AMENDMENT TO ALLOW FOR PRIVATE FUNCTIONS TO BE HELD AT CLUBS
OR LODGES BY MEMBERS OF THE GENERAL PUBLICn?:�= .;-
(C) PROPOSED AMENDMENT TO ALLOW SINGLE FAMILY DUPLEX DEVELOPMENT IN THE
R-3 AND R-4 ZONING DISTRICTS TO UTILIZE THE SAME BUILDING CRITERIA AS R-1 AND 4-
2 DISTRICTS;
(D) PROPOSED CODE AMENDMENT ALCOHOLIC BEVERAGES- TO INCLUDE SD-8 DESIGN
PLAZA COMMERCIAL -RESIDENTIAL DISTRICT.
Chairman Plummer: Now, we will go back and we will reopen the Planning and Zoning for the benefit
of going and taking care of items 14 and 16.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): Fifteen.
Chairman Plummer: Huh?
Mr. Walter J. Foeman (City Clerk): Also, PZ-13, Commissioner. There was a mover, but no roll call.
Chairman Plummer: All right. Well, we'll do 13 and 15. Then it's 14 and 16, we will continue to July
the 27"?
Ms. Slazyk: June 22°d for all three of — all four of them would be fine.
Chairman Plummer: Item 13, 14, 15 and 16 are continued to July — June the 22°d.
Ms. Slazyk: Thirteen to July. The rest to the 27th.
Chairman Plummer: Thirteenth of July?
Mr. Donald H. Warshaw (City Manager): Number 13 to July, and 14, 15 and 16 to June the 22°d.
228 June 8, 1999
,Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
Mr. Alejandro Vilarello (City Attorney): It's July 13'd.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 99-410
A MOTION CONTINUING CONSIDERATION OF AGENDA ITEM
PZ-13 (PROPOSED SECOND READING ORDINANCE TO DELETE
PROVISIONS REQUIRING REVIEW OF CERTIFICATES OF
APPROVAL BY THE URBAN DEVELOPMENT REVIEW BOARD
AND MODIFY PROCEDURES FOR APPEALS) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY
27, 199; FURTHER CONTINUING CONSIDERATION OF THE
FOLLOWING AGENDA ITEMS TO THE COMMISSION MEETING -
SCHEDULED FOR JUNE 22, 1999.
PZ-14 (PROPOSED SECOND READING ORDINANCE TO AMEND
CODE CHAPTER 4 ENTITLED "ALCOHOLIC BEVERAGES" TO
INCLUDE THE SD-8 DESIGN PLAZA COMMERCIAL -
RESIDENTIAL DISTRICT);
PZ-15 (PROPOSED. FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE 11000 TO ALLOW FOR PRIVATE
FUNCTIONS TO BE HELD AT CLUBS OR LODGES BY MEMBERS
OF THE GENERAL PUBLIC); AND
PZ-16 (PROPOSED FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE 11000 TO ALLOW SINGLE FAMILY AND
DUPLEX DEVELOPMENT IN THE R-3 AND R-4 ZONING
DISTRICTS TO UTILIZE THE SAME BUILDING CRITERIA AS
THE R-1 AND R 2 ZONING DISTRICTS).
Upon being seconded by Commissioner Regalado, the motion was passed and adopted b 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.
229
June 8, 1999
74. AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENTS FOR
COUNSELORS / VICTIM ADVOCATES ($15,67223 EACH) FROM STOP VIOLENCE AGAINST
WOMEN GRANT.
Chairman Plummer: Are there any other matters to come before the board?
Vice Chairman Gort: I have one.
Chairman Plummer. Mr. Gort.
Vice Chairman Gort: I have a pocket item, which is to Stop Violence Against Women Grant and
Professional Service Agreement between the Police...
Chairman Plummer: Do you move it?
Vice Chairman Gort: Yes.
Commissioner Teele: Second.
Chairman Plummer: Seconded by Mr. Teele. Is there any further discussion? 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.99-411
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THREE SENIOR COUNSELORS/VICTIM
ADVOCATES, AT AN AMOUNT NOT TO EXCEED $15,692.23
EACH, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO
EXTEND FOR TWO ADDITIONAL ONE YEAR PERIODS, FOR
THE PROVISION OF COUNSELING AND INTERVENTION
SUPPORT SERVICES IN CONNECTION WITH THE
INTERVENTION (DVI) REACT PROGRAM; ALLOCATING FUNDS
_ THEREFOR, AT A TOTAL AMOUNT NOT TO EXCEED47,017.00
ANNUALLY, FROM THE "STOP VIOLENCE AGAINST WOMEN"
GRANT, ACCOUNT CODE NO. 142019291235.6.270, SUBJECT TO
THE AVAILABILITY OF FUNDS.
230 June 8, 1999
,. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
75. DISCUSS ZERO TOLERANCE SIGNS . TO . BE.. PROVIDED TO UPPER EASTSIDE
NEIGHBORHOOD.
Chairman Plummer: Mr. City Manager, I would only ask of you, sir, meeting with the people of the ----
Upper Eastside last night, they would like to have the availability of the signage of the Zeib tolerance as
they have in West Grove. And they would also like to talk with someone in the Administration to be
very, very nice, to be the signage that would demonstrate the Upper Eastside and Morningside and to
give it some kind of a significance.
76. CLARIFY THAT PROPOSED DELETION OF PROVISIONS REQUIRING. REVIEW OF
CERTIFICATES OF APPROVAL BY URBAN DEVELOPMENT REVIEW BOARD WILL BE
CONSIDERED ON JULY 27, 1999. (See labels 53 and 73).
Chairman Plummer: Mr. City Attorney, do you have anything further?
Mr. Alejandro Vilarello (City Attorney): Yes. Before you adjourn, item PZ-13 was to July 27th.
Chairman Plummer: Is that all right?
Mr. Donald H. Warshaw (City Manager): Yes.
- Chairman Plummer: That's fine.
77. CONGRATULATE JIM KAY ON DILIGENT EFFORTS TO VACUUM WATER IN FLOODED
AREA OF CITY, COVERED BY CNN TELEVISION (See label 1)
Chairman Plummer: All right. Mr. City Manager, do you have anything further?
Mr. Donald H. Warshaw (City Manager): No, sir.
Chairman Plummer: Anybody got anything that's hot, hot, hot? This Commission stands adjourned. We
made it in spite of. I might tell you, Mr. Manager, I want you to congratulate Mr. Jim Kay, who went up
to the Northeast with his vac machines. It was on CNN (Cable News Network) around the world that the
231 June 8, 1999
City was addressing the problem of the flooding and in Hong Kong, China, they said they didn't give a •
damn about the water, but they saw it on CNN.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 9:03 P.M.
JOE CAROLLO
MAYOR