HomeMy WebLinkAboutCC 1999-06-22 MinutesCITY OF MIAMI
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•. INCORW��RATEU •
COMMISSION
MINUTES
OF MEETING HELD ON JUNE 22, 1999 (Regular & PZ Commission Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
INDEX
MINUTES OF PLANNING AND ZONING MEETING
June 22, 1999
SUBJECT
PRESENTATIONS & PROCLAMATIONS
LEGISLATION
6/22/99
DISCUSSION
I
COMMENTS re SUCCESS OF OPERATION CLEAN-
2. STREETS IN LITTLE HAVANA AND HELLRAISER 6/22/99
PROGRAMS -- FISHING TOURNAMENT FUND DIISCUSSION
RAISER FOR NON-PROFIT ORGANIZATIONS
3. ASSISTANCE THROUGH STATE OF FLORIDA LOANS 6122/99
TO MERCHANTS ALONG S.W S STREET AND 73 DISCUSSION
AVENUE (FLAGAMI) WHO HAVE BEEN AFFECTED 3
BY STREET CONSTRUCTION WORK INTERFERING
WITH THEIR BUSINESS OPERATION.
4. COMMENTS re CITY BECOMING ITS OWN 6/22/99
CONSORTIUM, SIMILAR TO SOUTH FLORIDA DISCUSSION
EMPLOYMENT AND TRAINING CONSORTIUM IN 3-4
ORDER TO INCREASE FUNDS AWARDED TO CITY.
5. WISH MR. GORT SR. A SPEEDY RECOVERY FROM 6/22/99
HOSPITALIZATION AT MERCY HOSPITAL. DISCUSSION
4
6. NO VETOES —CONSENT AGENDA
6/22/99
DISCUSSION
4-5
6.1 ACCEPT BID OF CLEGG INDUSTRIES, INC. FOR 6/22/99
PROVISION OF POLICE SWAT VAN, FOR SPECIAL I2-99-412
WEAPONS AND TACTICS UNIT ($63,335.20). 5
6.2 ACCEPT BID OF BEST'S MAINTENANCE AND 6/22/99
JANITORIAL SERVICE, INC., FOR THE PROVISION R-99-413
OF CUSTODIAL SERVICES FOR THE DEPARTMENT 6
OF GENERAL SERVICES ADMINISTRATION, ($14,746).
6.3
ACCEPT BID OF SUNSHINE AUTO GLASS, ($25,000),
6/22/99
FOR THE PROCUREMENT OF AUTOMOTIVE GLASS
R-99-414
REPLACEMENT, FOR THE DEPARTMENTS OF
6
GENERAL SERVICES ADMINISTRATION AND FIRE -
RESCUE.
10.
PERSONAL APPEARANCE: NORA HERNANDEZ
6/22/99
HENDRIX -AFFIRMATIVE ACTION BOARD
PRESENTATION. - SEE LABEL 4.
6.4
APPROVE PROVISION OF PARTS AND SERVICES
6/22/99
FOR VACTOR TRUCKS, FROM VARIOUS VENDORS
11-99-415
FOR THE DEPARTMENT OF PUBLIC WORKS,
7
UTILIZING EXISTING MIAMI-DADE COUNTY MOBILE
EQUIPMENT REPLACEMENT PARTS & SERVICES
CONTRACT ($60,000).
6.5
ACCEPT BIDS OF AMERICAN PURCHASING
6/22/99
SERVICES, INC., D/B/A AMERICAN MEDICAL
R-99-416
DEPOT, ($23,460.15), PHARMED GROUP, ($10,837.20),
AND PROMEDIX, INC., ($13,266.65), FOR THE
PROVISION OF MEDICAL SUPPLIES TOTAL =
$48,266.65 FOR THE DEPARTMENT OF FIRE -RESCUE.
6.6
AUTHORIZE PROCUREMENT OF EQUIPMENT,
6/22/99
SOFTWARE AND INSTALLATION SERVICES
Ii-99-417
REQUIRED TO UPGRADE THE PRIVATE
8
AUTOMATIC BRANCH EXCHANGE (PABX)
EQUIPMENT TO COMPLY WITH YEAR 2000
REQUIREMENTS AND STANDARDS, FROM LUCENT
TECHNOLOGIES, INC., AWARDED PURSUANT TO
STATE OF FLORIDA CONTRACT FOR THE
DEPARTMENT OF POLICE, ($39,445).
6.7
AUTHORIZE ACQUISITION AND INSTALLATION OF,
6/22/99
SERIES 6600 DIGITAL ON-LINE LOGGING
R-99-418
RECORDERS AND ACCESSORIES FROM
8
DICTAPHONE CORPORATION, UTILIZING
EXISTING STATE OF FLORIDA CONTRACT FOR THE
DEPARTMENT OF POLICE, ($22,191.29).
6.8
AUTHORIZE MANAGER TO EXECUTE AGREEMENT,
6/22/99
WITH THE WESTFALL-GALLAGHER GROUP, INC.
R-99-419
TO PROVIDE EXECUTIVE TRAINING IN
9
ACCORDANCE WITH THE SUGGESTIONS OF THE BLUE
RIBBON INITIATIVES FOR THE SENIOR EXECUTIVE
STAFF ($24,750).
0
INTENT TO RATIFY, APPROVE AND CONFIRM
MANAGER'S FINDING OF SOLE SOURCE; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS
AND APPROVE ACQUISITION AND INSTALLATION
OF FOUR NEW CENTRAL PROCESSOR CARDS FOR
YEAR 2000 COMPLIANCE FOR THE. EXISTING
EMERGENCY COMMUNICATIONS EQUIPMENT,
FROM LUCENT TECHNOLOGIES PUBLIC SAFETY
SYSTEMS (LPSS), FOR THE DEPARTMENT OF POLICE,
($5,100). (See section #9).
RATIFY, APPROVE AND CONFIRM MANAGER'S
FINDING OF SOLE SOURCE; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS
AND APPROVE 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).
9 RATIFY, APPROVE AND CONFIRM MANAGER'S
FINDING OF SOLE SOURCE; WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS
AND APPROVE ACQUISITION AND INSTALLATION
OF FOUR NEW CENTRAL PROCESSOR CARDS FOR
YEAR 2000 COMPLIANCE FOR THE EXISTING
EMERGENCY COMMUNICATIONS EQUIPMENT,
FROM LUCENT TECHNOLOGIES PUBLIC SAFETY
SYSTEMS (LPSS), FOR THE DEPARTMENT OF POLICE,
($5,100). (See section #7)
6/22/99
M-99-420
9-10
6/22/99
R-99-421
10-14
6/22/99
R-99-422
14-16
ml
10 (A) DEVELOPMENT OF AFFORDABLE HOUSING IN THE
EAST LITTLE HAVANA NEIGHBORHOOD BY THE EAST
LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION; AUTHORIZE MANAGER TO
REALLOCATE FUNDING FROM THE CITY'S FY 95-96
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM ($414,577), PREVIOUSLY ALLOCATED TO
FLORIDA HOUSING COOPERATIVE INC. PURSUANT TO
RESOLUTION NO. 97-94, AND ALLOCATE $36,962 FROM
THE CITY'S FY 98-99 SHIP PROGRAM FOR A TOTAL OF
$451,539 IN CONNECTION WITH THE DEVELOPMENT OF
THE RIVERSIDE GARDENS TOWNHOMES PROJECT
PHASE 11; AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO).
(B) COMMENTS RE CERTAIN DISTRICTS HAVING
OVER -ABUNDANCE OF AFFORDABLE HOUSING UNITS
- REQUEST LEGISLATION TO DISTRIBUTE SAME
EQUITABLY THROUGHOUT ALL DISTRICTS OF THE
CITY.
I 1 DEVELOPMENT OF AFFORDABLE HOUSING IN THE
LITTLE HAVANA NEIGHBORHOOD BY THE
FLORIDA HOUSING COOPERATIVE, INC.;
AUTHORIZE MANAGER TO ALLOCATE FUNDS
FROM THE CITY'S FY '98-99 STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM
($414,577), IN CONNECTION WITH THE
DEVELOPMENT OF THE BARCELONA PLACE
CONDOMINIUMS PROJECT; AUTHORIZE
AGREEMENT, WITH COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO).
12 DEVELOPMENT OF AFFORDABLE HOUSING IN THE
EDGEWATER NEIGHBORHOOD BY THE JUBILEE
COMMUNITY DEVELOPMENT CORPORATION;
AUTHORIZE MANAGER TO ALLOCATE FUNDS
FROM FY 1998-99 HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM ($125,000), FOR
CONSTRUCTION AND FINANCING ON THE
PROPOSED JUBILEE BAYSIDE VILLAS HOUSING
PROJECT; AUTHORIZE AGREEMENT WITH
COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION (CHDO).
6/22/99
R-99-423
16-20
6/22/99
R-99-424
20-21
6/22/99
M-99-425
21-23
13 AUTHORIZE MANAGER TO EXECUTE AGREEMENT,
TO PROVIDE FOR CONVEYANCE TO THE CITY OF
APPROXIMATELY 1.1 ACRES OF REAL PROPERTY
LOCATED AT THE CONFLUENCE OF THE MIAMI
RIVER AND THE SEYBOLD CANAL, ELIMINATE
REQUIREMENT OF 1NTERLOCAL AGREEMENT
BETWEEN THE CITY OF MIAMI, MIAMI-DADE
COUNTY AND THE SPRING GARDEN CIVIC
ASSOCIATION AS PROVIDED FOR 1N RESOLUTION 98-
389; AUTHORIZE MANAGEMENT AGREEMENT WITH
THE ASSOCIATION TO ESTABLISH MANAGEMENT
RESPONSIBILITIES OF PROPERTY.
14 (A) AUTHORIZE CHANGE OF OPERATING YEAR
FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ACTIVITIES TO OCTOBER 1, THROUGH
SEPTEMBER 30, 1998-1999; AND AUTHORIZE
MANAGER TO EXECUTE INDIVIDUAL
CONTRACTUAL AGREEMENTS WITH COMMUNITY
BASED NEIGHBORHOOD ORGANIZATIONS, FOR
CONTINUING NEIGHBORHOOD ECONOMIC
DEVELOPMENT, SOCIAL SERVICES AND HOUSING
DEVELOPMENT PROGRAMS FOR THE AMOUNTS
SPECIFICALLY APPROVED BY THE CITY
COMMISSION, FUNDS FROM HOME INVESTMENT
PARTNERSHIP PROGRAMS AND EMERGENCY
SHELTER GRANT.
(B) ADVERTISING OF CDBG FUNDS NEED TO BE MORE
SPECIFIC.
15 (.A) COMMENTS BY MEMBERS OF CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD
REGARDING FIVE YEAR CONSOLIDATED PLAN.
(B) FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL
REVENUE FUNDS AND APPROPRIATE FUNDS: COMMUNITY
DEVELOPMENT BLOCK GRANT (TWENTY-FIFTH YEAR) -
$12,731,000 AND $3,500,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED
BY THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR A TOTAL APPROPRIATION OF
$16,231,000 CDBG FUNDS; HOME INVESTMENT
PARTNERSHIP (HOME) - $4,881,000; EMERGENCY SHELTER
GRANT (ESG) - $452,000; AND HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) $8,418,000.
(C) MANAGER TO WORK WITH COMMUNITY
BASED ORGANIZATIONS IN PLANNING LONG TERM
FACADE PROGRAM - REQUEST STATUS REPORT
ON FACADE PROGRAM.
6/22/99
R-99-426
23-25
6/22,199
R-99-427
26-44
6/22/99
ORDINANCE
M-99-428
45-55
16
AUTHORIZE SUBMITTAL OF FY 1999-2004 PROPOSED
6/22/99
CONSOLIDATED PLAN, FOR THE USE OF THE CITY'S
R-99-429
COMMUNITY DEVELOPMENT BLOCK GRANT
55-58
(CDBG), HOME INVESTMENT PARTNERSHIPS
(HOME), EMERGENCY SHELTER GRANT (ESG) AND
HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) PROGRAMS TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (USHUD); AUTHORIZE FUNDING
CATEGORIES IN ACCORDANCE WITH THE
ATTACHMENT TO THIS LEGISLATION.
17
DISCUSS AND TABLE re POOR CONDITIONS OF
6/22/99
HOUSING IN MODEL CITY (N.W. 15 AVENUE AND 59
DISCUSSION
THROUGH 62 STREETS) (See section #19)
58-65
18
PERSONAL APPEARANCE: JOSE .RODRIGUEZ FROM
6/22/99
KPMG, LLP re COMPREHENSIVE ANNUAL
DISCUSSION
FINANCIAL REPORT FOR THE YEAR ENDING
65-69
SEPTEMBER 30,1998.
19
DISCUSS HOUSING RELOCATION / HEALTH / PUBLIC
6/22/99
SAFETY NEEDS OF SECTION 8 RESIDENTS IN THE
M-99-430
CITY AREA IN THE VICINITY OF 15TH AVENUE
M-99MODEL
69-82 31
9-82
AND 59ni-62ND STREETS.
20
EMERGENCY ORDINANCE: ESTABLISH NEW
6/22/99
SPECIAL REVENUE FUND ENTITLED "1999 WAGES
ORDINANCE 11806
COALITION SUMMER CAMP" AND APPROPRIATE
82-83
FUNDS FOR ITS OPERATION ($50,000), CONSISTING
OF A GRANT FROM THE DADE-MONROE WAGES
COALITION.
21
EMERGENCY ORDINANCE: AMEND CODE SECTION
6/22/99
22-12 "GARBAGE AND OTHER SOLID WASTE,"
ORDINANCE 11807
PROVIDE THAT SOLID WASTE ASSESSMENTS
83-85
CONSTITUTE A LIEN PROPERTY EQUAL IN RANK
AND DIGNITY WITH THE LIENS OF ALL STATE,
COUNTY, DISTRICT, OR MUNICIPAL TAXES AND
ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL
OTHER PRIOR LIENS, MORTGAGES, TITLES, AND
CLAIMS; PROVIDING THAT THE SOLID WASTE
ASSESSMENTS MAY BE COLLECTED PURSUANT TO
SECTIONS 197.3632 AND 197.3635, FLORIDA
STATUTES (PLACE SOLID WASTE BILLS ON TAX
NOTICES).
22
DISCUSS / TABLE CONSIDERATION OF MODEL
6/22/99
CITY NET SERVICE STATION. (See section #65)
DISCUSSION
85
23
APPROVE INTERGOVERNMENTAL COOPERATION
6/22/99
AGREEMENT, WHICH REQUESTS AND
R-99-432
AUTHORIZES THE PROPERTY APPRAISER TO
85-88
INCLUDE THE CITY OF MIAMI NON -AD VALOREM
ASSESSMENTS FOR FIRE -RESCUE SERVICES AND
FACILITIES AND SOLID WASTE SERVICES AND
FACILITIES ON THE "NOTICE OF PROPOSED
PROPERTY TAXES AND PROPOSED OR ADOPTED
NON -AD VALOREM ASSESSMENTS," COMMONLY
REFERRED TO AS THE TRIM NOTICE.
24
ESTABLISH ESTIMATED ASSESSMENT RATE FOR FIRE
6/22/99
RESCUE ASSESSMENTS FOR THE FISCAL YEAR
R-99-433
BEGINNING OCTOBER 1, 1999; DIRECT
88-95
PREPARATION OF ASSESSMENT ROLL; AUTHORIZE
PUBLIC HEARING AND NOTICE.
25
DEFER CONSIDERATION OF PROPOSED
6/22/99
AMENDMENT OF SECTION 50-TO ALLOW CURRENT
DISCUSSION
SIGHTSEEING BOAT DOCKAGE AGREEMENT
95
HOLDERS OPERATING WITHIN THE INSIDE BASIN
TO OPERATE A SECOND SIGHTSEEING BOAT
UNDER CERTAIN CONDITIONS — COPIES OF
PROPOSED ORDINANCE TO BE PROVIDED TO
CURRENT TENANTS.
26
(A) FIRST READING ORDINANCE: AMEND CODE
6/22/99
SECTION 31-50 "LICENSES AND MISCELLANEOUS
ORDINANCE
BUSINESS REGULATIONS/OCCUPATIONAL
96-101
LICENSES," BY AMENDING EXISTING SCHEDULE
OF OCCUPATIONAL LICENSE TAXES WHICH SETS
FORTH THE CLASSIFICATIONS AND RATE
SCHEDULE FOR THOSE PERSONS OR ENTITIES
DOING BUSINESS IN THE CITY OF MIAMI.
(B) COMMENTS re UNFAIRNESS OF BUILDING
OWNERS BEING HELD LIABLE FOR TENANTS'
FAILURE TO HAVE OCCUPATIONAL LICENSES —
TOO MANY LICENSES REQUIRED TO OPERATE
BUSINESS.
27
FIRST READING ORDINANCE: AMEND CODE
6/22/99
SECTIONS 13-2 AND 13-6 "DEVELOPMENT IMPACT
ORDINANCE
FEES/IN GENERAL," TO ELIMINATE THE
101-103
EXEMPTION FROM THE PAYMENT OF IMPACT
FEES FOR ANY DEVELOPMENT USING CITY -
OWNED LAND.
28 'WAIVE COMPETITIVE BIDS PERTAINING TO 6122199
DISPOSITION OF CITY -OWNED PROPERTY UNDER R-99-434
THE AFFORDABLE HOUSING EXCEPTION 104-106
PROVIDED IN SECTION 29-B OF THE CHARTER;
DECLARING SURPLUS AND APPROVING THE SALE
OF CITY -OWNED PROPERTY LOCATED AT 1609 NW
NORTH RIVER DRIVE, TO NORTH RIVERVIEW
APARTMENTS, INC.; ($12,500).
29 RATIFY, APPROVE AND CONFIRM MANAGER'S 6/22/99
FINDING OF EMERGENCY; AND APPROVE 11-99-435
PROCUREMENT OF POLICE VEHICLE TIRES FROM 106-107
BALADO NATIONAL TIRES, INC., ($28,304).
30 RATIFY, APPROVE AND CONFIRM MANAGER'S 6/22/99
FINDING OF EMERGENCY; AND AUTHORIZE R-99-436
AWARD OF THREE YEAR LEASE FOR FIFTEEN 107-108
ELECTRIC ALTERNATIVE FUEL VEHICLES FROM
GUS MACHADO FORD, ($188,670); AWARDED TO THE
CITY OF MIAMI FROM THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL, GOLD COAST CITIES,
ALTERNATIVE FUEL VEHICLES GRANT PROGRAM.
31 ACCEPT BID OF ALPHA ENGINEERS, INC., FOR 6/222/99
PROJECT ENTITLED "CITYWIDE FUEL TANK R-99-437
RETROFIT B5636"; ($241,942.35). 108-110
32 AUTHORIZE MANAGER TO EXECUTE AGREEMENT 6/22/99
WITH MIAMI-DADE COUNTY FOR EXTENSION OF R-99-438
WATER AND SEWER MAINS FOR GUARDHOUSE 110-111
BUILDING LOCATED IN THE MORNINGSIDE
SPECIAL TAXING DISTRICT.
33 ACCEPT RECOMMENDATION OF MANAGER TO 6/22/99
APPROVE FINDINGS OF EVALUATION COMMITTEE R-99-439
THAT THE MOST QUALIFIED FIRMS, IN RANK 111-112
ORDER, ARE: 1) SHL LANDY JACOBS, INC. (SHL-LJ),
2) CENTER FOR ECONOMIC DEVELOPMENT (CED),
AND 3) SHELDON ZEDECK, INC. (SZI), TO PROVIDE
AND ADMINISTER PROMOTIONAL EXAMINATION
PROCESSES (PRIMARY AND PARALLEL) FOR THE
CLASSIFICATION OF FIRE LIEUTENANT FOR THE
DEPARTMENT OF HUMAN RESOURCES;
AUTHORIZE AGREEMENT, WITH THE TOP RANKED
FIRM OF SHL-LJ ($150,000).
34
AUTHORIZE PURCHASE OF PROPERTY LOCATED
6122199
WITHIN THE EMPOWERMENT ZONE, BY
I2-99-440
113
ACQUIRING THE PROPERTY OR PURCHASING THE
FIRST MORTGAGE INTEREST FROM FIRST UNION
NATIONAL BANK, AS TRUSTEE, PURSUANT TO
TRUST INDENTURE DATED NOVEMBER 1, 1984,
($75,000); FUNDS FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
35
AUTHORIZE MANAGER TO ENTER INTO AMENDED
6122/99
MEMORANDUM OF UNDERSTANDING WITH
R-99-441
114
MIAMI-DADE COUNTY AND THE STATE OF
FLORIDA FOR TRANSFERRING ALL ASSETS AND
RESPONSIBILITIES FROM THE MIAMI RIVER
COORDINATING COMMITTEE TO THE MIAMI
RIVER COMMISSION. (See section 952)
36
APPROVE RECOMMENDATION OF MANAGER TO
6/22/99
ACCEPT PROPOSAL FROM ABRAMSON &
R-99-442
115
ASSOCIATES, INC. FOR REAL ESTATE CONSULTING
SERVICES TO ASSIST IN THE REDEVELOPMENT
POTENTIAL OF VARIOUS CITY -OWNED
PROPERTIES; AUTHORIZE MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENT, ($45,000).
37
AUTHORIZE MANAGER TO EXECUTE AGREEMENT
6/22/99
WITH BROADCAST MUSIC, INC., FOR MUSIC
R-99-443
116-117
LICENSING RIGHTS FOR THE BAYFRONT PARK
AMPHITHEATER.
38
DISCUSS AND DEFER CONSIDERATION OF THE
6/22/99
SALE OF CITY -OWNED PROPERTY AT 1401 Sr 1441
M-99-444
117-121
NORTH MIAMI AVENUE.
39
A DIRECTION TO THE CITY MANAGER TO SEND A
6/22/99
LETTER OF CONGRATULATIONS TO GWENDOLYN
M-99-445
BOYD ON HER BEING NAMED POLICE CHIEF OF
121-122
MIRAMAR, FLORIDA; FURTHER DIRECTING THE CITY
MANAGER TO SEND A LETTER OF CONGRATULATIONS
TO THE CITY OF MIRAMAR ON THEIR SELECTION OF
MS. BOYD AS THE POLICE CHIEF.
40
DISCUSSION CONCERNING SURVEILLANCE
6122199
CAMERAS FOR LITTLE HAITI — ENDORSE THEIR
M-99-446
USE FOR ILLEGAL DUMPING OF TRASH.
122-125
41 APPOINT MAYOR / COMMISSIONERS AS 6/22/99
CHAIRPERSONS / MEMBERS OF BOARDS. R-99-447
125-127
42 DEFER CONSIDERATION OF PROPOSED RFQ FOR A 6/22199
m
MANAGEMENT CONTRACT FOR THE M-99-448
DEPARTMENT OF OFF-STREET PARKING. 128-129
43 DISCUSSION CONCERNING THE DISSOLUTION OF 6122199
THE AD HOC CITIZENS ADVISORY COMMITTEE M-99-449
FOR VIRGINIA KEY, A SUBCOMMITTEE OF THE 129
WATERFRONT ADVISORY BOARD. (See section # 51).
44 DEFER CONSIDERATION OF APPOINTMENTS TO 6122199
ZONING BOARD. DISCUSSION
130
45 APPOINTING MEMBERS OF THE LITTLE HAVANA 6122199
FESTIVAL COMMITTEE -- JOSE MARBAN, ANGEL DISCUSSION
130-131
SAYON, JESUS MORALES (See section # 64)
46 DEFER CONSIDERATION OF APPOINTMENTS TO 6/22/99
ZONING BOARD. DISCUSSION
131
47
APPOINT MEMBERS OF THE JOBS AND EDUCATION
6/22/99
PARTNERSHIP REGIONAL BOARD -- JOHN
R-99-450
131-132
ANDREWS, EDUARDO PADRON, WILLIAM RILEY,
SARA HERALD, FARIDES MAY, WILBERT T.
HOLLOWAY, HOWARD GARY, MARY SUE ALLAN,
JESSE L. BROOKS, 111, RUBEN BURKE, DANIA
CARRILLO, DANIEL FILS-AIME, MARIO O. GUTIERREZ,
DONALD W. MARX, DONNA G. MASSON, RAFAEL J.
SCHUCK, RODOLFO (RUDY) A. SUAREZ, NELSON
TARKE, WILLIAM C. WEBB, III.
48
APPOINTING MEMBERS OF THE CITYWIDE
6/22/99
COMMUNITY DEVELOPMENT ADVISORY BOARD :
R-99-451
132-133
RADAMES PEGUERO, ANGEL URQUIOLA, MARIO
MARTI, PRICILIANO FALCON, JUANDA G. FERGUSON.
(See section # 50).
49
APPOINT MEMBERS OF THE COCONUT GROVE
6/22/99
STANDING FESTIVAL COMMITTEE : TED STAHL,
DISCUSSION
134
SILVIA MORALES CEJAS. (See section # 64).
50
COMMENTS re ELECTION OF MODEL CITY TARGET
6/22/99
AREA REPRESENTATIVE (JUANDA G. FERGUSON)
DISCUSSION
134
TO THE CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD. (See section # 48)
51
DISSOLUTION OF THE AD HOC CITIZENS
6/22/99
ADVISORY COMMITTEE FOR VIRGINIA KEY, A
R-99-452
134-135
SUBCOMMITTEE OF THE WATERFRONT ADVISORY
BOARD. (See section # 43).
52
AUTHORIZE MANAGER TO ENTER INTO AMENDED
6122199
MEMORANDUM OF UNDERSTANDING WITH
n4-99-453
MIAMI-DADE COUNTY AND THE STATE OF
135-1354
35-137
FLORIDA FOR TRANSFERRING ALL ASSETS AND
RESPONSIBILITIES FROM THE MIAMI RIVER
COORDINATING COMMITTEE TO THE MIAMI
RIVER COMMISSION. (See section # 35)
53
APPOINT MEMBERS OF THE COMMITTEE ON
6/22/99
BEAUTIFICATION AND ENVIRONMENT: JOSE
DISCUSSION
137
ABREU, RALPH BEAUDRY, DAVID BROWN, GEORGE
CHILDS, PAT CLARKE, PEGGO CROMER, BILL
DOBSON, HELEN EDISON, JOY FINSTON LANDY,
CHIEF CARLOS GIMENEZ, LENNY GOLDSTIEN, WILLIS
HARDING, GARY HUNT, ADOLFO JIMENEZ, RUTH
KASSERWITZ, JONATHON KRONER, PENNY
LAMBETH. NANCY MASTERSON, ROBERT McCABE,
REV. PETER NAGY, PETER OSTROWSKY, STEVE
PEARSON, CARMEN PETSOULES, STANLEY PREVOST,
BOB ROSS, SUZANNE SALICH, LARRY SCHOKMAN,
DOROTHY SIEDEN, ROBERT H. SMITH, ALBENA
SUMNER, CARROLL THOMAS, JOYCE THOMPSON,
BETTY WALDOR, DONALD WARSHAW, JOHN HARRIS,
JOE WILKINS, RUTH HOPKINS- ROSENTHAL.
54
ACCEPT DONATION OF STATUE BY VICTOR ALBA,
6/22/99
HISPANIOLA TRAVEL AND SERVICES, INC., AND
R-99-455
138-139
ASOCIACION COMUNAL DOMINICANA TO BE
INSTALLED PLACED IN AN UNUSED OCTAGONAL
BUILDING LOCATED AT JUAN PABLO DUARTE
PARK, 2500 N.W. 17r" AVENUE.
55
APPROVE RELEASE OF ZONING COVENANT
6/22/99
RUNNING WITH THE LAND, FOR PROPERTY
R-99-456
140-141
LOCATED AT 1629 NORTHWEST 14r" STREET, FOR
REDEVELOPING THE PROPERTY AS AFFORDABLE
HOUSING.
56 NO APPEARANCE re CHALKS AIRLINE-WATSON 6/22/99
ISLAND. DISCUSSION
141
57 DISCUSSION CONCERNING THE ISSUE OF 6122/99
WORKERS' COMPENSATION. DISCUSSION
141-142
58
DEFER CONSIDERATION OF PROPOSED
6/22/99
DEVELOPMENT OF MULTI -FAMILY BUILDING ON
DISCUSSION
THE CIVIC CENTER SITE, AFFORDABLE TO
142
FAMILIES AND INDIVIDUALS OF LOW AND/OR
MODERATE INCOME LOCATED AT 1.700
NORTHWEST 14 "' AVENUE.
59
DISCUSSION CONCERNING CLOSURE OF THE
6/22/99
ALLEY IN FLAGAMI - SCHEDULE PUBLIC HEARING.
NI-99-457
142-144
60
DISCUSSION CONCERNING AN UPDATE ON
6/22199
PROGRAMMING NET 9.
DISCUSSION
144-145
61
DISCUSSION CONCERNING A REPORT ON THE
6122/99
CARAVAN OF HOPE EVENT HELD AT THE ORANGE
DISCUSSION
145
BOWL,
62
SUPPORT IMPLEMENTATION OF A MONUMENT
6122199
HONORING CUBAN EXILE LEADER JORGE MAS
M-99-458
CANOSA, AT A LOCATION ON BISCAYNE
W-W
BOULEVARD.
63
COMMISSIONER TEELE REQUESTS SCHEDULING
6/22/99
OF ITEMS FOR NEXT AGENDA:
DISCUSSION
(A) STATUS REPORT OF SCHEDULE FOR
148
CONSTRUCTION AT HADLEY PARK;
(B) WEEKLY UPDATES ON 61 STREET SECTION 8
SCHEDULE ON DISTRICT MEETING UNTIL SAID
ISSUE IS RESOLVED;
(C) UPDATE ON 17 AVENUE BUSINESS CORRIDOR
PILOT PROJECT.
64
(A) APPOINTMENTS TO LITTLE HAVANA FESTIVAL
6/22/99
COMMITTEE (See section # 45)
R-99-459
(B ) APPOINTMENTS TO COCONUT GROVE
R-99-459.1
R-99-459.2
FESTIVAL COMMITTEE (See section # 49)
148-150
(C) APPOINTMENTS TO COMMITTEE ON
BEAUTIFICATION AND ENVIRONMENT (See section
53).
65 (A) STATUS REPORT re MODEL CITY NET 6/22/99
(B) COMMENTS re ILLEGAL SIGNS FOUND THROUGHOUT DISCUSSION
CITY. 150-156
66 COMMENTS re TRANSFER OF OWNERSHIP OF 6/22/99
KINGS WRECKER SERVICE — INVOLVE PRIVATE DISCUSSION
SECTOR IN SELECTION REVIEW COMMITTEE TO 156-157
EVALUATE PROPOSALS FOR TOWING SERVICES.
67 AMENDMENT 4 TO MANAGEMENT AGREEMENT 6/22/99
WITH LATIN AMERICAN GOURMET RESTAURANT, R-99-460
INC. — GRANT EXTENSION —CONCESSION AT PAUL 157-158
WALKER PARK, 46 WEST FLAGLER STREET.
68 (A) URGE GOVERNOR AND FLORIDA BUILDING 6/22/99
COMMISSION TO INCORPORATE STANDARDS SET R-99-461
FORTH IN SOUTH FLORIDA BUILDING CODE _- 159-162
HURRICANES, TROPICAL STORMS SAFETY.
(B) COMMENTS re BOOTS PLACED ON ILLEGALLY PARKED
CARDS.
69 BODY WORK, REFURBISHMENT, PAINTING FOR
6/22/99
DONATED BUS TO POLICE DEPARTMENT FROM
R-99-462
162-163
WEED AND SEED GRANT FUNDS.
70 COMMENTS re STING OPERATIONS RELATED TO
6/22/99
NARCOTICS AND PROSTITUTION TO BE
M-99-463
163-166
SCHEDULED PER NET OFFICE.
71 APPROVE PROPOSED BUDGET FOR THE CITY OF
6/22/99
MIAMI, FOR FISCAL YEAR BEGINNING OCTOBER 1,
R-99-464
1999 AND ENDING SEPTEMBER 30, 2000, AND
166-168
AUTHORIZING THE CITY MANAGER TO SUBMIT SAID
PROPOSED BUDGET ESTIMATE TO THE FINANCIAL
EMERGENCY OVERSIGHT BOARD.
72 AUTHORIZE TRANSFER OF OWNERSHIP OF KINGS 6/22/99
WRECKER SERVICE (See section # 66) R-99-465
168-171
73 CONTINUE CONSIDERATION OF PROPOSED MAJOR 6122/99
USE SPECIAL PERMIT FOR BRICKELL BAY VILLAGE 171-172
APARTMENTS PROJECT AT 2101-2105 BRICKELL M-99-466
AVENUE.
74 APPROVE MAJOR USE SPECIAL PERMIT FOR ESPIRITO 6/22/99
SANTO PLASA PROJECT AT 1395 BRICKELL AVENUE - R-99-467
PARKING SPACES (Applicant: Estoril, Inc.) 172 173
75 DISCUSS AND TABLE PROPOSED APPEAL REGARDING 6/22/99
VARIANCE TO ALLOW STRUCTURE WITH REDUCED DISCUSSION
SETBACK FOR SINGLE FAMILY RESIDENCE AT 5771 173-181
S.W. 7 STREET (Applicant: Mario and Noralda Perez) (See
sections #89 and #91).
76 DISCUSS AND TEMPORARILY DEFER CONSIDERATION 6/22/99
OF PROPOSED VACATION AND CLOSURE OF A PUBLIC DISCUSSION
RIGHT-OF-WAY (ALLEY) - 213/225/233 N.E. 23RD 181-184
STREET, 212 N.E. 24T11 STREET, 2313 N.E. 2ND AVENUE
AND 2318 N.E. 2ND COURT. (See label 87).
77 SECOND READING ORDINANCE: AMEND 10544, THE 6/22/99
COMPREHENSIVE NEIGHBORHOOD PLAN, BY ORDINANCE 11808
CHANGING LAND USE DESIGNATION FOR PROPERTY 184-185
LOCATED AT 2725-27 SOUTHWEST IOTH TERRACE
FROM MEDIUM DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL. (Applicant: Editorial
Cernuda, Inc.).
78 SECOND READING ORDINANCE: CHANGE ZONING AT 6/22/99
2725-27 S.W. 10 TERRACE FROM R-3 MULTIFAMILY ORDINANCE 11809
MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED 185-186
COMMERCIAL. (Applicant: Editorial Cernuda)
79 FIRST READING ORDINANCE: AMEND 11000 ZONING 6/22/99
ORDINANCE TO ADD SD-10 JACKSON MEMORIAL ORDINANCE
HOSPITAL MEDICAL CENTER OVERLAY DISTRICT 186-187
FOR PROPERTY AT 1975 N.W. 12 AVENUE. (Applicant:
Public Health Trust)
80 FIRST READING ORDINANCE: AMEND 10544, THE 6/22/99
COMPREHENSIVE NEIGHBORHOOD PLAN, BY ORDINANCE
CHANGING LAND USE DESIGNATION FOR 3880 N.W. 188-189
7TH STREET FROM MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO RESTRICTED COMMERCIAL.
(Applicant: Hasred, Inc.)
81 FIRST READING ORDINANCE: AMEND ZONING 6/22/99
ORDINANCE 11000 BY CHANGING DESIGNATION AT ORDINANCE
3880 N.W. 7 STREET FROM R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. (Applicant Hasred, Inc).
82 FIRST READING ORDINANCE: AMEND 10544, THE 6/22/99
COMPREHENSIVE NEIGHBORHOOD PLAN BY ORDINANCE
CHANGING LAND USE. DESIGNATION AT 16, 20, 24, 190-192
AND 28 N.W. 36Tn COURT FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL. (Applicant:
Eduardo,Inc.).
83
FIRST READING ORDINANCE: AMEND ZONING
6/22/99
ORDINANCE 11000 AT 16, 20. 24, AND 28 N.W. 36
ORDINANCE
COURT FROM R-2 TWO-FAMILY RESIDENTIAL AND
192-193
SD-12 BUFFER OVERLAY DISTRICT TO C-1
RESTRICTED COMMERCIAL. (Applicant: Eduardo, Inc.)
84
SECOND READING ORDINANCE: AMEND CODE
6/22/99
"ALCOHOLIC BEVERAGES" TO INCLUDE SD-8 DESIGN
ORDINANCE 11810
PLAZA COMMERCIAL -RESIDENTIAL DISTRICT - TO
193-194
ALLOW DESIGN DISTRICT TO REMAIN COMPETITIVE
AS AN ENTERTAINMENT DISTRICT. (Applicant: Planning
Department).
85
FIRST READING ORDINANCE: AMEND ZONING
6/22/99
ORDINANCE 11000 TO ALLOW FOR PRIVATE
ORDINANCE
FUNCTIONS TO BE HELD AT CLUBS OR LODGES BY
194-196
MEMBERS OF THE GENERAL PUBLIC, (Applicant:
Planning Department).
86
FIRST READING ORDINANCE: AMEND ZONING
6/22/99
ORDINANCE 11000 TO SPECIFY THAT SINGLE FAMILY
ORDINANCE
AND DUPLEX DEVELOPMENT TO BE LOCATED
197-198
WITHIN THE R-3 AND R-4 ZONING DISTRICT MAY
UTILIZE BUILDING CRITERIA AS SET FORTH IN R-1
AND R-2 ZONING DISTRICTS. (Applicant: Planning
Department)
87
VACATION AND CLOSURE OF A PUBLIC RIGHT -OF-
6/22/99
WAY (ALLEY) 213/222/233 N.E. 23R1 STREET, 212 N.E.
R-99-468
24TH STREET, 2313 N.E. 2ND AVENUE AND 2318 N.E. 2ND
198-199
COURT. APPLICANT: MICHAEL D. WOHL,
PRESIDENT, WYNWOOD TOWER APARTMENTS, LTD.
(See label 76)
88
APPROVE UPPER EASTSIDE MASTER PLAN FOR
6/22/99
FUTURE DEVELOPMENT AND PRESERVATION OF
R-99-469
AREA. (Applicant: Planning Department).
199-208
89
GRANT APPEAL REGARDING VARIANCE TO ALLOW
6/22/99
STRUCTURE WITH REDUCED SETBACK FOR SINGLE
R-99470
FAMILY RESIDENCE AT 5771 S.W. 7TH STREET
208-210
(Applicant: Mario and Noraida Perez) (See sections #75 and
#91).
90
AUTHORIZE INCREASE IN CONTRACT WITH
6/22/99
ELECTRICAL CONTRACTING SERVICE INC. FOR
R-99-471
REPLACEMENT OF LIGHT POLE BASE FOR POLICE
210-211
DEPARTMENT.
91 COMMISSIONER SANCHEZ CLARIFIED THAT HE 6/22/99
VOTES IN THE NEGATIVE IN CONNECTION WITH DISCUSSION
APPEAL REGARDING VARIANCE TO ALLOW 2II-2I2
STRUCTURE WITH REDUCED SETBACK FOR SINGLE
FAMILY RESIDENCE AT 5772 S.W. 7 STREET (Applicant:
Mario and Noraida Perez) (See sections 75 and #89).
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of June 1999, the City Commission of Miami, Florida, met at its regular meeting place in
City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The Presentations and Proclamations portion of the meeting began at 9:28 a.m. by Presiding OfficerNice
Chairman J.L. Plummer, Jr. (hereinafter referred to as Chairman Plummer), and the following members of
the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
ABSENT:
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr., (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
1. PRESENTATIONS& PROCLAMATIONS
[Note for the Record: item 15 deferred until Commission Meeting of July 27, 1999.]
Chairman Plummer: Mr. Manager.
Mr. Donald Warshaw (City Manager): item Number 15, we'd like to defer to second meeting in July.
Chairman Plummer: Item 15 on the agenda has been deferred by the Manager.
Commissioner Sanchez: J.L., are we done with...
Chairman Plummer: We're done with all of the ceremonial.
June 22, 1999
2. COMMENTS re SUCCESS OF OPERATION CLEAN -STREETS IN LITTLE HAVANA AND
HELLRAISER PROGRAMS -- FISHING TOURNAMENT FUND RAISER FOR NON-PROFIT
ORGANIZATIONS _
Commissioner Sanchez: We have 10 minutes, if I could be afforded a few minutes to congratulate a couple
of people in my district...
Chairman Plummer: Absolutely.
Commissioner Sanchez: ...who have done an exceptional job. Operation Clean -Streets has been a
tremendous success in Little Havana, through the efforts of Mayor Rojas, Lieutenant Mike Perez, my NET
(Neighborhood Enhancement Team), and many, many hard working officers, who have dedicated
themselves to working -- not overtime they were paying them, but they're putting in overtime, that they're
working out through comp time, and let me just say that they have done such a tremendous job and I would
just like to elaborate a little bit on this so the people of my district, District 3, and the merchants of Little
Havana would understand the efforts that we're putting forward. Thee have made astronomical arrests in
forfeiture. Here we have four arrests -- this is just -- and I was with them on this one. it was only like an
hour and a half that we went out. We made four arrests, three felonies and one misdemeanor. We had -- we
confiscated three thousand four hundred and twenty-nine dollars ($3,429), that will probably go into the
Law Enforcement Trust Fund, after being confiscated. And we arrested -- we got one VIP, which is a
thousand dollars ($1,000). That was just one small sweep that we did. Now, on a big sweep that we did, we
confiscated -- we made twenty arrests reports that were made. Those are A -forms. Ten citations were
given, one DUI (Driving Under the Influence), two felony arrests, 17 misdemeanors, and 20 VIP's (Vehicle
Impoundment Project). That's a thousand dollars ($1,000) a pop. That's twenty thousand dollars ($20,000)
con ... these -- and, I think, what I want to try to get across is that some of these sting operations pay for
themselves through the ViP seizures and the efforts are just unbelievable. The complaints continue to come
in, that there's crime in Little Havana. We're doing everything possible. You cannot compare Little
Havana, a year or two years ago, to what it is today. It's much cleaner. There's less crime. The merchants
are in support. Hellraisers was a great success. Operation Clean Streets is also in the same avenues of being
a success. These are just a lot of arrests. On this one they made 24 Fl cards (Field Interrogation). Those
are they identified people that are hanging out in corners selling drugs or prostitutions. They made 13
misdemeanor arrests, two felony arrests, and five VIP's. That's just some of the things that are going on in
District 3. 'The other thing that I want to talk about -- and thank some people that need to be thanked -- is
the Eighth Annual Local Law Enforcement Fishing Tournament that we did this year. As the chairman of
that fishing tournament for the last eight years, I started that fishing tournament when I was a State Trooper
and this year, as a Commissioner for District 3, we put it together to raise money for seven non-profit
organizations that are in my district. Lyon's House for the Blind was one of them. Police Officers' Trust
Fund, Inc.; Abriendo Puertas; Clinica Penalver; Accion, St. John Bosco Church. St. John Bosco Church and
Centro Mater; we raised close to twenty thousand dollars ($20,000) for these non-profit organizations. So,
it was a large success, thanks to many people. And I think two of the people that helped me out
tremendously are here. Tom Gabriel, from the Firefighters. Tom, thank you. Also, the FOP (Fraternal
Order of Police) President. Tony Rodriguez helped me out. And those are people that I would like to thank
for coming in at the last minute and
putting some money toward some great organizations. So, I thank you. And, Mr. Chairman, I just felt that
these are things that the community needs to know, that we are doing everything possible to bring the things
to our community. Thank you.
Chairman Plummer: Always nice to say thank you. Anybody else? Mr. Regalado, you have something?
June 22, 1999
Now, please remember, we have not started the meeting.
Commissioner Regalado: Right
Chairman Plummer: This is just for discussion.
3. ASSISTANCE THROUGH STATE OF FLORIDA LOANS TO MERCHANTS ALONG S.W 8
STREET AND 73 AVENUE (FLAGAMI) WHO HAVE BEEN AFFECTED BY STREET
CONSTRUCTION WORK INTERFERING WITH THEIR BUSINESS OPERATION.
Commissioner Regalado: Just a brief comment. Last Friday night there was a celebration in Southwest 8th
Street and 73rd Avenue. The first leg of the reconstruction project has ended and about 20 merchants got
together and celebrated. That day the Governor of the State of Florida signed into law a bill that will give
the merchants of Southwest 8th Street loans. And we believe that, in 30 to 45 days, they will be able to
apply for this loan. i would like to commend the Florida Department of Transportation and its director, Jose
Abreu. Also, the NET (Neighborhood Enhancement Team) Office and the NET Lieutenant of Flagami.
They have attended each and every meeting, each Thursday, to talk to merchants. And i think that this has
created an environment, whereas merchants and government are working together. So, I just want to
mention the fact that the City administration should get in touch with the State to see how can we help,
through the NET office, the merchants, who would want to apply for that loan and, then, we could expedite
that. That's it.
4. COMMENTS re CITY BECOMING ITS OWN CONSORTIUM, SIMILAR TO SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM IN ORDER TO INCREASE
FUNDS AWARDED TO CITY.
Chairman Plummer: Is there -- anybody have any item they'd like to bring up? Then, we are in adjournment
for four minutes. Do we have a clergyman in the audience? We do? We don't. Then, we're going to ask
Commissioner Gort to say the prayer and Commissioner Sanchez to do the pledge at 10 o'clock. Mr.
Manager, I might make a brief report to you, if I may. As you know, I'm your designated hitter at the
consortium. Last Friday I went to that meeting very irate, in particular to what transpired with the City of
Miami. And in that action, which took place, it was proposed -- there were numbers that were bannied
around, but there was a great deal. The staff inforned me that it possibly could be as many as 500 of the
participants, which we have in programs. Their contention was 392 and regardless of what the amount is,
they were not going to give the money to carry over. They were going to take the participants from the City
programs and devy them out to people who had not met their goals. It was my contention that they should
take the money from those who had not met their goals and give it to the City, to continue on the good
program that we were doing. So, I just wanted you to know that. We're having another meeting tomorrow,
here in these chambers, at noon, in reference to the funding for the coming year. I think Gwen has already
informed you and, to my colleagues, all of the programs this year will be extended for a period from July 1
over to October 1, to put it in with the nornnal fiscal year that we have. Mr. Manager, I want you to know, if
things do not work out tomorrow, I will be coming back to this Commission of something that has been
talked about before and, that is, the City of Miami, which we have the availability of becoming our own
consortium. We are 36 percent of the responsibility of things that go wrong. As you know, we just paid out
fourteen thousand dollars ($14,000) for a problem area. We get back, Mr. Manager, in the City, one percent
of the total forty million dollars ($40,000,000) of funds. Now, to be honest, we do have 40 percent for the
entire City that is in this thing, but the City of Miami, itself, gets one percent of the total funds, but we are
obligated for 36 percent of the responsibility. So, I just want to bring you up-to-date of what has transpired.
I will be there tomorrow. Gwen has represented this City. Barbara has done a tremendous job. And, from
June 22, 1999
my office, Gracie. And we'll be there tomorrow really fighting for the City of Miami once again. The time
is 10. 1 would ask everyone to, please stand and ask Mr. Gort to say the prayer and Mr. Sanchez to lead us in
the pledge.
An invocation was delivered by Vice Chairman Gort, followed by Commissioner Sanchez leading
those present in a pledge of allegiance to the flag.
5. WISH Mkt. GORT SR. A SPEEDY RECOVERY FROM HOSPITALIZATION AT MERCY
HOSPITAL.
Chairman Plummer: And I think we should say, because people watch this on television, that we wish Mr.
Gort, Sr. to get well soon, who's in Mercy Hospital. Ninety years of age and an unbelievable gentleman.
We love him dearly and I'm sure he's going to recover very quickly.
6. NO VETOES —CONSENT AGENDA
Chairman Plummer: We're now in the regular agenda. First and foremost, we are looking at the fact that
there were no vetoes by the Mayor of any other items. We don't have, Mr. Clerk, any minutes to approve.
We are now on the Consent Agenda. Do any of the Commissioners wish to pull anything on the Consent
Agenda. I will pull the item in reference to the Paging Radios for discussion, which is Item...
Commissioner Sanchez: No, that's regular agenda 3.
Chairman Plummer: It's on the regular agenda, so it's not on the consent. There's nothing to be pulled on
the Consent. Is anyone of the public wishing -- do you wish to speak on the Consent?
Commissioner Sanchez: No. Are you going to pull the Radios?
Chairman Plummer: For discussion.
Mr. Donald Warshaw (City Manager): It's not on the Consent Agenda,
Commissioner Sanchez: It's not on the Consent Agenda. It's on regular agenda number 3.
Chairman Plummer: It's on the regular agenda. Yeah, yeah.
Commissioner Sanchez: Yeah.
Chairman Plummer: Is there anyone of the public who wish to speak on any item of the Consent Agenda,
which is CA-1 through CA-8? Hearing none and no one of the public coming forth, is there a motion?
Vice Chainnan Gort: Move it.
Commissioner Sanchez: Motion.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
June 22, 1999
Chairman Plummer: Opposition? Show it unanimous.
NOTE. FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WAS
DETERMINED THAT ANY CONSENT AGENDA ITEM W14IC14 1S PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR
CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED AS A REGULAR
ITEM ON THE NEXT AVAILABLE AGENDA
THEREUPON MOTION DULY MADE BY VICE CHAIRMAN
GORT AND SECONDED BY COMMISSIONER SANCHEZ 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
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
6.1 ACCEPT BID OF CLEGG INDUSTRIES, INC. FOR PROVISION OF POLICE SWAT VAN,
FOR SPECIAL WEAPONS AND TACTICS UNIT ($63,335.20).
RESOLUTION NO.99-412
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF CLEGG INDUSTRIES, INC., (NON-
LOCAL/FEMALE VENDOR, 808 BOBWHITE ROAD, VICTORIA,
TEXAS), FOR THE PROVISION OF A POLICE SWAT VAN, FOR
THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, TO BE USED BY THE POLICE
DEPARTMENT'S SPECIAL WEAPONS AND TACTICS UNIT IN
AN AMOUNT NOT TO EXCEED $63,335.20; ALLOCATING
FUNDS THEREFOR FROM LAW ENFORCEMENT BLOCK GRANT
1I, ACCOUNT CODE NO. 001000,290307.6.840.
June 22, 1999
6.2 ACCEPT BID OF BEST'S MAINTENANCE AND JANITORIAL SERVICE, INC., FOR THE
PROVISION OF CUSTODIAL SERVICES FOR THE DEPARTMENT OF GENERAL, SERVICES
ADMINISTRATION, ($14,746).
RESOLUTION NO.99-413
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF BEST'S MAINTENANCE AND
JANITORIAL SERVICE, INC., (FEMAL.E/MIAMI-DADS COUNTY
VENDOR, 3290 N.W. 29"" STREET, MIAMI, FLORIDA), FOR THE
PROVISION OF CUSTODIAL SERVICES FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ON
A ONE YEAR CONTRACT BASIS, IN AN AMOUNT NOT TO
EXCEED $14,746, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS
FROM ACCOUNT CODE NO. 513000.421001.340; AND
REQUIRING BUDGET APPROVAL FOR SUBSEQUENT RENEWAL
YEARS.
6.3 ACCEPT BID OF SUNSHINE AUTO GLASS, ($25,000), FOR THE PROCUREMENT OF
AUTOMOTIVE GLASS REPLACEMENT, FOR THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE.
RESOLUTION NO. 99-414
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF SUNSHINE AUTO GLASS,
(IIISPANIC/LOCAL VENDOR, 7340 SW 8T" STREET, MIAMI,
FLORIDA), IN THE AMOUNT OF $25,000, FOR THE
PROCUREMENT OF AUTOMOTIVE GLASS REPLACEMENT,
FOR THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE, ON A CONTRACT BASIS
FOR ONE-YEAR WITH THE OPTION TO EXTEND FOR THREE
ADDITIONAL ONE-YEAR PERIODS, WITH ANNUAL INCREASES
OF 5%, SUBJECT TO THE AVAILABILITY OF FUNDS,
ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
001000.280701.670 ($5,000), ACCOUNT NO. 509000.420901.670
($10,000) AND ACCOUNT NO. 503001.420905.670 ($10,000), FOR A
TOTAL FIRST YEAR AMOUNT NOT TO EXCEED $25,000.
June 22, 1999
6.4 APPROVE PROVISION OF PARTS AND SERVICES FOR VACTOR TRUCKS, FROM
VARIOUS VENDORS FOR THE DEPARTMENT OF PUBLIC WORKS, UTILIZING EXISTING
MIAMI-DADE COUNTY MOBILE EQUIPMENT REPLACEMENT PARTS & SERVICES
CONTRACT ($60,000).
RESOLUTION NO.99-415
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROVISION OF PARTS AND SERVICES
FOR VACTOR TRUCKS, FROM VARIOUS VENDORS AS
LISTED IN ATTACHMENT "A," FOR THE DEPARTMENT OF
PUBLIC WORKS, UTILIZING EXISTING MIAMI-DADE COUNTY
MOBILE EQUIPMENT REPLACEMENT PARTS & SERVICES
CONTRACT NO. 5380-2/00, IN AN AMOUNT NOT TO EXCEED
$60,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO, 001000.311002.6.670.
6.5 ACCEPT BIDS OF AMERICAN PURCHASING SERVICES, INC., DB/A AMERICAN
MEDICAL DEPOT, ($23,460.15), PHARMED GROUP, ($10,837.20), AND PROMEDIX, INC.,
($13,266.65), FOR THE PROVISION OF MEDICAL SUPPLIES TOTAL = $48,266.65 FOR THE
DEPARTMENT OF FIRE -RESCUE.
RESOLUTION NO.99-416
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BIDS OF AMERICAN PURCHASING
SERVICES, INC., DB/A AMERICAN MEDICAL DEPOT, (NON-
MINORITY/MIAMI-DADE COUNTY VENDOR, 630 W. 84TH
STREET, HIALEAH, FLORIDA), IN THE AMOUNT OF $23,460.15,
PHARMED GROUP, (HISPANIC/MIAMI DADE COUNTY
VENDOR, 3075 NW 107TH AVENUE, MIAMI, FLORIDA), IN THE
AMOUNT OF $10,837.20, AND PROMEDIX, INC., (NON-
MINORITY/NON-LOCAL VENDOR, 10302 S. FEDERAL
HIGHWAY, PORT ST. LUCIE, FLORIDA), IN THE AMOUNT OF
$13,266.65, FOR THE PROVISION OF MEDICAL SUPPLIES ON
A CONTRACT BASIS FOR ONE YEAR, AT A TOTAL ANNUAL
AMOUNT NOT TO EXCEED $48,266.65, WITH THE OPTION TO
EXTEND FOR TWO ADDITIONAL ONE YEAR PERIODS FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 105000.280502.6.714.
7
June 22, 1999
r
6.6 AUTHORIZE PROCUREMENT OF EQUIPMENT, SOFTWARE AND INSTALLATION
SERVICES REQUIRED TO UPGRADE THE PRIVATE AUTOMATIC BRANCH EXCHANGE
(PABX) EQUIPMENT TO COMPLY WITH YEAR 2000 REQUIREMENTS AND STANDARDS,
FROM LUCENT TECHNOLOGIES, INC., AWARDED PURSUANT TO STATE OF FLORIDA
CONTRACT FOR THE DEPARTMENT OF POLICE, ($39,445).
RESOLUTION NO.99-417
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE PROCUREMENT OF EQUIPMENT,
SOFTWARE AND INSTALLATION SERVICES REQUIRED TO
UPGRADE THE PRIVATE AUTOMATIC BRANCH EXCHANGE
(PABX) EQUIPMENT TO COMPLY WITH YEAR 2000
REQUIREMENTS AND STANDARDS, FROM LUCENT
TECHNOLOGIES, INC., AWARDED PURSUANT TO STATE OF
FLORIDA CONTRACT NO. 730-650-99-1, FOR THE
DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED
$39,445; ALLOCATING FUNDS THEREFOR FROM THE E-911
SPECIAL REVENUE BUDGET, ACCOUNT CODE NO.
196002.290461.6.340.
6.7 AUTHORIZE ACQUISITION AND INSTALLATION OF SERIES 6600 DIGITAL ON-LINE
LOGGING RECORDERS AND ACCESSORIES FROM DICTAPHONE CORPORATION,
UTILIZING EXISTING STATE OF FLORIDA CONTRACT FOR THE DEPARTMENT OF
POLICE, ($22,191.29).
RESOLUTION NO.99-418
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ACQUISITION AND INSTALLATION OF
SERIES 6600 DIGITAL ON-LINE LOGGING RECORDERS AND
ACCESSORIES FROM DICTAPHONE CORPORATION,
UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO.
725-630-97-1, FOR THE DEPARTMENT OF POLICE, FOR A
TOTAL AMOUNT NOT TO EXCEED $22,191.29; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.850.
June 22, 1999
I
6.8 AUTHORIZE MANAGER TO EXECUTE AGREEMENT, WITH THE WESTFALL-
GALLAGHER GROUP, INC. TO PROVIDE EXECUTIVE TRAINING IN ACCORDANCE WITH
THE SUGGESTIONS OF THE BLUE RIBBON INITIATIVES FOR THE SENIOR EXECUTIVE
STAFF ($24,750).
RESOLUTION NO.99-419
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE. CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE WESTFALL-
GALLAGHER GROUP, INC. TO PROVIDE EXECUTIVE TRAINING IN
ACCORDANCE WITH THE SUGGESTIONS OF THE BLUE RIBBON
INITIATIVES FOR THE SENIOR EXECUTIVE STAFF IN AN AMOUNT
NOT TO EXCEED $24,750 FROM ACCOUNT NO. 001000.921202.6.410.
7. .INTENT TO RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE
SOURCE; WAIVE REOUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE
ACOUISITION AND INSTALLATION OF FOUR NEW CENTRAL PROCESSOR CARDS FOR
YEAR 2000 COMPLIANCE FOR THE EXISTING EMERGENCY COMMUNICATIONS
EOUIPMENT, FROM LUCENT TECHNOLOGIES PUBLIC SAFETY SYSTEMS (LPSS), FOR
THE DEPARTMENT OF POLICE, ($5,100). See section #9).
Chairman Plummer: We're now on the Regular Agenda. Just for information again, Item 15 has been pulled
by the Manager on today. And I will also announce that Item in reference to the Model Cities NET
(Neighborhood Enhancement Team) will be put off until the afternoon agenda, and also Item 22, at the
request of the Manager, will be put off until this afternoon's agenda. It probably would be, but just to make
sure. We're now on Item 2 of the Regular Agenda. Item 2 is a sole source for a...
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort,
Vice Chairman Gort: In looking at my documents, a lot of the items that were pulled, I'd like, when we
come to those items, to explain why they were pulled.
Chairman Plummer: All right. Mr. Manager, the request is, items that were pulled, would like to know, by
Mr. Gort, why they were pulled.
Vice Chairman Gort: When we get to them.
Mr. Donald Warshaw (City Manager): OK.
Chairman Plummer: Oh, OK. All right. I'm sorry. OK. First is Item 2. It's a resolution. Finding of a sole
source. Requires a four/fifths vote. It's the four new central processing cars for the Year 2000, for fifty-one
hundred dollars ($5100).
Commissioner Sanchez: So moved.
we
June 22, 1999
I
Chairman Plummer: Moved 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 in favor -- it passes unanimously.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-420
A MOTION EXPRESSING THE INTENT TO RATIFY, APPROVE
AND CONFIRM THE CITY MANAGER'S FINDING OF SOLE
SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE ACQUISITION AND
INSTALLATION OF FOUR (4) NEW CENTRAL PROCESSOR
CARDS FOR YEAR 2000 COMPLIANCE FOR THE EXISTING
EMERGENCY COMMUNICATIONS EQUIPMENT, FROM LUCENT
TECHNOLOGIES PUBLIC SAFETY SYSTEMS IN AN AMOUNT
NOT TO EXCEED $5,100.
[Note: This motion was later passed as Resolution 99-422.1
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.
8. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE
REOUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ACOUISITION 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).
Chairman Plummer: Item 3. Does anyone wish to discuss Item 3?
Commissioner Sanchez: I do.
Chairman Plummer: You do?
10 June 22, 1999
Commissioner Sanchez: Yes, sir.
Chairman Plummer: OK. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, last Commission meeting -- you know how strongly i feel about
these radios and what I don't want to do is jeopardize anybody's safety, and I'm sure no one up here wants to
jeopardize anybody's safety. I made it very clear that this money is coming from Local Law Enforcement
Trust -- well, excuse me. it's a grant from the Local Law Enforcement Block Grant. You know, one of the
things that I would like to discuss is, I would like to see how we could change the process, where we don't
defer items. Because, basically, what it does, it gives the Commissioner the power to filibuster and just drag
out and drag out and drag out, and if you really want it, you never get to the item.
Chairman Plummer: No. Excuse me. They'll be no filibustering on my part. it will come to a vote today,
sir.
Commissioner Sanchez: OK.
Chairman Plummer: All right.
Commissioner Sanchez: Well, you know lio%v strongly 1 feel about this. I mean, we could go on and on,
and my thing is that I will not be held accountable for anybody's miss -- you know, if something happens to
somebody out there with a bad radio -- and I could speak from experience. I know what bad radios are.
When I was a State Trooper, we used to use the MT-500's. They weren't good for anything. And one of the
things is, a firefighter and a police officer are out there risking their lives, if they need to get on that radio
and they can't get their message across -- and that is their life -line -- you know, I'm not going to be held
accountable. And I think that we will put ourselves in a situation where the City could be sued by a family
member.
Chairman Plummer: Anyone else? Mr. Manager, I'll just make my comments. I pretty much made them to
you publicly. As you know, I will not, in any way, filibuster here this morning. I'll make my comments
because I've made them before and I'm going to make them again. I think that this is a foolish way of doing
business, simply because I have been after the administration for better than eight months to do an entire
study of our system, which is not worth a damn. Five years ago I went to Motorola, when they readily
admitted, as we sat around the table, that they were not the company they used to be, and that they were
doing everything possible to upgrade their company. Well, according to "The Miami Herald," here we are
again, five years later, saying the same thing, that they're going to upgrade their system. I've had the
opportunity -- and there's no -- let me make it very clear. There is no question in my mind, or anyone else's,
that we need new equipment. These radios are old. There's no question. But the problem is -- and I've had
one of the new radios for over hvo weeks -- the same problems they were having with the old radios, we are
having with the new. We're getting skipped transmissions, we're getting problems of static, and it's not the
radios. The problem is not yet to be addressed. We're building a house and then we're going to call in the
architect to do the study, which 1 have asked for for over eight months, and tell us what we should be doing.
To me, that's not the proper way to do business. To me, you do a study and you do a study complete so that
you understand exactly where you are. The policemen have a problem with the radios. The weight of the
new radios is much more, in my opinion, than the old radios. So, just for the bottom line, let's lay it on the
line. We can't go anywhere else. Regardless of whether it's good, bad or indifferent, we're being told
"there's no other company." So, it doesn't make any difference, regardless of what we do, we've got to do
Motorola and they're the only game in town. I'm not going to go into some of their past histories that's been
disastrous. We know about them. All I'm saying to you is, I guess it's very unfortunate that there is no
11 June 22, 1999
competition out there to where we would be better off and better served in this community. It's unfortunate,
but that's the name of the game. It's a hell of a way to do business. Mr. Gort.
Vice Chainnan Gort: Mr. Chairman. Let me ask a question. One of the -- the question was asked the last
time in the meeting here, do a comparison with other cities and other places with the prices. My
understanding, in the report that i received from Captain Longueira, the price is in comparable to the other
municipalities and states.
Chainnan Plummer: That's correct, except in one city.
Vice Chairman Gort: My second question is...
Chairman Plummer: And it was minor.
Vice Chairman Gort: But my understanding is, that second city, they got a discount. It was a twenty-six
million dollar ($26,000,000) deal rather than a three million dollar ($3,000,000) deal and, as a businessman,
I can see that taking place. My question is this -- and I understand what J.L. is saying, but some times we
have seen buildings or structures go up and, then, the architects had come in and they had met with
construction. My question would be, we buy these radios -- when we come with this study, will that study
be able to adapt the architectures to the radios? In other words, my understanding is, we having a problem
because of -- and I'm not an expert in this. That's why I'm asking these questions. Does interference in
certain zones -- and I see that with the portable phones now. There's certain areas where you go and you
might be having a certain conversation and you're cut off. I understand this is what's taking place right now
with some of our radios. Now, with the new radios, are we going to be able to comply with whatever
changes they're going to suggest? That's my question.
Major Joseph Longueira: Yes, sir.
Vice Chairman Gort: In other words, the experts are going to come in, they're going to do a study, and
they're going to tell you, "this is what we need to do." Are the new radios going to be in compliance with
the new changes?
Major Longueira: Yes, sir, Commissioner. The new radios will have the...
Chairman Plummer: For the record, your name.
Major Longueira: Major Joseph Longueira, Miami Police Department. The new radios will allow us, if
they suggest, to improve the system, migrate into that improvement path that can take us, for the next 10 or
15 years, into the future.
Chainnan Plummer: Again, you have no choice. It's Motorola, Motorola, and Motorola.
Commissioner Sanchez: Mr. Chairman?
Chainnan Plummer: There is no competition. And whether they're good, bad or indifferent, it's Motorola.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
12 June 22, 1999
Commissioner Sanchez: Mr. Chairman, we believe that the system has to be compatible and, therefore, if
we go with Motorola, it's compatible. If we go with another company, we're going to have to spend more
money to try to get the system, starting from scratch.
Chairman Plummer: That, you don't know. That's why we're doing the study.
Commissioner Sanchez: J.L., it's logical.
Chairman Plummer: That's why we're doing the study.
Commissioner Sanchez: To me it's logical.
Chairman Plummer: OK. Look, I'm finished arguing. I only have...
Commissioner Sanchez: And, you know what? If there are anymore -- if the other Commissioners are
willing to say something or I'll make the motion to move. I mean, call the question if no one wants to...
Chainnan Plummer: I only have one other question. Mr. Manager, we were told at the last -- and one of the
biggest problems I have with Motorola is repair. You know, when we send a cellular phone back, it's two to
three weeks before we get it back here. I want to know how you're going to hold them -- their feet to the fire
on a three-day turnaround. Is there a penalty if they don't comply? So, in other words, we're just saying, it's
-- that's what it is and there's no guarantee? It's...
Mr. Warshaw: It's part of the agreement. I mean, we're going to hold them accountable to it. If you're
asking if there is a penalty, there is not a penalty.
Chainnan Plummer: All right. So, in other words, if they don't comply, that's it? They just don't comply.
Mr. Warshaw: No. I mean, there are a lot of contracts you can have where there is a penalty phase but, at
the same time, we can hold them accountable, and without going into what our legal options might be -- I
mean, we don't want to...
Chairman Plummer: OK. Yeah. But who do you go to then? You know, it's Motorola, Motorola,
Motorola. Is there a motion?
Commissioner Sanchez: Motion.
Chainnan Plummer: Motion by Sanchez.
Vice Chairman Gort: Second.
Chaimian Plummer: Seconded by Gort. Any further discussion? This is a four/fifths vote. Mr. Clerk, did I
make a mistake on the previous -- I think I did. I think it should have been a roll call. But we'll go back to
that. On Item 3, buying the three point four million dollars ($3,400,000) worth of radios, call the roll.
13 June 22, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-421
A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION
OF 1,029 XTS 3000 PORTABLE RADIOS WITH ACCESSORIES AND
THE PROVISION TO TRADE-IN EXISTING RADIOS, FROM
MOTOROLA, INC., (NON-MINORITY/NON-LOCAL VENDOR, 4660 S.W.
158M AVENUE, MIAMI, FLORIDA), THE SOLE SOURCE PROVIDER, FOR
THE DEPARTMENTS OF POLICE AND FIRE -RESCUE IN AN AMOUNT
NOT TO EXCEED $3,436,360.25; ALLOCATING FUNDS THEREFOR
FROM THE LOCAL LAW ENFORCEMENT BLOCK III GRANT, ACCOUNT
CODE NO. 142023.290499.6.840 AND CAPITAL IMPROVEMENT
PROGRAM BUDGET, PROJECT NO. 313303, ACCOUNT NO. 289401-840.
(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.
NAYS: Chairman J.L. Plummer, Jr.
ABSENT: None.
!9. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE,
REOUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ACQUISITION AND
INSTALLATION OF FOUR NEW CENTRAL PROCESSOR CARDS FOR YEAR 2000
COMPLIANCE FOR THE EXISTING EMERGENCY COMMUNICATIONS EOUIPMENT,
FROM LUCENT TECHNOLOGIES PUBLIC SAFETY SYSTEMS (LPSS), FOR THE
DEPARTMENT OF POLICE, ($5,100). (See section #7)
Chairman Plummer: May we go back and have a roll call, because of a four/fifths vote, on Item 2? Just to
keep the record clear. If you'll call the roll. I don't remember who was the maker and the seconder.
Mr. Walter Foeman (City Clerk): It was Commissioner Sanchez moved it.
Chairman Plummer: All right. Just because, if it's a four/fifths vote, is why I'm asking for a roll call.
[COMMENTS MADE DURING ROLL CALL]
14 June 22, 1999
i
Commissioner Sanchez: Which item are we on?
Mr. Foeman: Agenda Item 2.
Chairman Plummer: Item 2.
Commissioner Sanchez: Two?
Chainnan Plummer: Yeah.
Mr. Foeman: Chainnan Plummer...
Chairman Plummer: We've already voted on it, but I want to have a roll...
Commissioner Sanchez: Yeah
Mr. Foeman: ...it was...
Commissioner Sanchez: I made the motion. Willy seconded it.
Mr. Foeman: Yes.
Commissioner Sanchez: Yes, sir.
Mr. Foeman: It was a unanimous roll call, but we're going back.
Chairman Plummer: Just have a roll call.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-422
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 AND INSTALLATION OF FOUR (4) NEW
CENTRAL PROCESSOR CARDS FOR YEAR 2000
COMPLIANCE FOR THE EXISTING EMERGENCY
COMMUNICATIONS EQUIPMENT, FROM LUCENT
TECHNOLOGIES PUBLIC SAFETY SYSTEMS (LPSS) THE
SOLE, SOURCE PROVIDER, FOR THE DEPARTMENT OF POLICE,
IN AN AMOUNT NOT TO EXCEED $5,100; ALLOCATING
FUNDS THEREFOR FROM THE E-911 SPECIAL REVENUE
OPERATING BUDGET, ACCOUNT CODE NO.
196002.290461.6.718.
15 June 22, 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.
10. (A) DEVELOPMENT OF AFFORDABLE HOUSING IN THE EAST LITTLE HAVANA
NEIGHBORHOOD BY THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION; AUTHORIZE MANAGER TO REALLOCATE FUNDING FROM THE CITY'S FY
95-96 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM ($414,577), PREVIOUSLY
ALLOCATED TO FLORIDA HOUSING COOPERATIVE INC. PURSUANT TO RESOLUTION NO.
97-94, AND ALLOCATE $36,962 FROM THE CITY"'S FY 98-99 SHIP PROGRAM FOR A TOTAL OF
$451,539 IN CONNECTION WITH THE DEVELOPMENT OF THE RIVERSIDE GARDENS
TOWNHOMES PROJECT PHASE 11; AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO).
(B) COMMENTS RE CERTAIN DISTRICTS HAVING OVER -ABUNDANCE OF AFFORDABLE
HOUSING UNITS - REQUEST LEGISLATION TO DISTRIBUTE SAME EQUITABLY
THROUGHOUT ALL DISTRICTS OF THE CITY.
Chairman Plummer: On Item 4, 15 affordable housings and this is for the State Housing Initiative
Partnership. The total amount of four hundred fifty-one thousand five hundred and thirty-nine dollars in the
Riverside Gardens Townhouses, Project Number 2.
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Commissioner Teele: Second the motion
Chairnian Plurnrner: Moved by Sanchez. Seconded by Regalado. is there any discussion? All in favor say
"aye."
The Commission (Collectively): Aye.
Chainnan Plummer: All opposed? Show it unanimous.
16 June 22, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-423
A RESOLUTION OF THE MIAMI CITY COMMISSION
RELATING TO THE DEVELOPMENT OF FIFTEEN (15) UNITS
OF AFFORDABLE HOUSING IN THE EAST LITTLE HAVANA
NEIGHBORHOOD BY THE EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION;
AUTHORIZING THE CITY MANAGER TO RE -ALLOCATE
FUNDING FROM THE CITY'S FY 95-96 STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM IN THE
AMOUNT OF $414,577, PREVIOUSLY ALLOCATED TO FLORIDA
HOUSING COOPERATIVE INC. PURSUANT TO RESOLUTION NO.
97-94, AND ALLOCATING $36,962 FROM THE CITY'S FY' 98-
99 SHIP PROGRAM FOR A TOTAL OF $451,539 IN
CONNECTION WITH THE DEVELOPMENT OF THE
RIVERSIDE GARDENS TOWNHOMES PROJECT PHASE II;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE AFOREMENTIONED COMMUNITY
HOUSING DEVELOPMENT ORGANIZATION (CHDO) FOR SAID
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Item 5.
Commissioner Sanchez: Mr. Chairman, if we could just go back...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: And I'd just like to state something to Community Development, as I've made it
very clear. We've had several meetings with Gwendolyn Warren on the issue of affordable housing in my
district. I want to make it very clear to the City Manager and to the director of Community Development.
17 June 22, 1999
As my district, District 3, occupies fifty some percent of affordable housing in the district Miami and what
]'m asking for is that -- I am for affordable housing, but, please, don't congregate it in one district. Because
what you're doing to my district is, you're basically -- you're drowning my district. OK.
Chainiian Plummer: Yeah.
Commissioner Sanchez: So, all that 1 ask is that, from now on, affordable housing, and the ones that have
been planted so far, I'll support them and I'll move them fonvard, but I'm asking, in my district, I will not
allow any more affordable housing until there is an opportunity for community -- affordable housing to go
to other districts. There is a balance. And, for many years, my district, there is a mile radius. There's like
seven affordable housing. What that does is, it paralyze the economy, and I've talked about it. I will now
allow my district to be an elephant burial ground for affordable housing. So, the buck stops here on
affordable housing.
Commissioner Teele: On the point, Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Attorney, would you consider drafting up an ordinance that provides that
protection to each Commissioner? There are policy issues like this, and we don't want to get into a
"NIMB`iY" (Not In My Back Yard) thing. But one of the things that districting is going to do is, it's going to
get every Commissioner to look at their district. i can tell you that any affordable housing that you have
planned in his district, you can put in my district, you know. So, it's not like we're not going to do it. The
problem is is that, because of the way that the management in the past has approached -- you have advocacy
and pro -activeness among the Community Development Corporations. Some of the CDC's are outstanding
in this area. And what happens is, is that the entire City program gets driven by the advocacy of a particular
group, in some cases, to the detriment of others. And, so, I think what Commissioner Sanchez is saying, at
first blush, it sounds like nimbi, and what we don't want to do is be in a NIMBY situation, but what we do
want to do is be in a situation where it's clear that a particular type of activity, whether it be adult living
facilities or affordable housing or any of these things...
Chairman Plummer: Half -way houses.
Commissioner Teele: Half -way houses. Where a Commissioner can demonstrate that his district or that the
district has, that it requires a unanimous vote to place it there.
Chairman Plummer: Mr. Gort.
Mr. Alejandro Vilarello (City Attorney): Where the district has...
Chainnan Plummer: I'm sorry.
Mr. Vilarello: ...an adverse impact by those kinds of facilities...
Commissioner Teele: Say again.
Mr. Vilarello: Is it -- you want to protect a Commissioners' right to object, if their particular district...
Commissioner Teele: Is overburdened.
18 June 22, 1999
Mr. Vilarello: ...has an unusually large impact by those kinds of facilities?
Commissioner Teele: Exactly. And, particularly, there's a showing that there are other locations that are
underserved by that same facility. i think it's important that we structure something to provide that
protection, Commissioner.
Chainnan Plummer: I think what Mr. Teele and Mr. Sanchez are trying to say, in the future, don't go
spinning your wheels and putting these packages together to bring to us because now you know where this
Commission stands.
Commissioner Sanchez: Mr. Chairman?
Chainnan Plummer: And he will be bringing back a policy. Mr. Sanchez.
Commissioner Sanchez: After studying my district, which I've been here a year and seven days now, a year
and a week -- after studying my district, the way it is designed today, it's designed to fail. One is -- I'm not
sure if it's fifty-three or fifty-six percent of affordable housing are in my district. Therefore, we have to look
at my district, which is the poorest district in the City of Miami, competing with yours or we're neck to neck
on that. But one of the things is, the people that live in my district are poor people. Mostly are immigrants,
the ones that have stayed here and settled in the Little Havana area. Most of the immigrants, their money
does not circulate in the community. They earn their money and they ship it off from wherever they're from
because it's within them to help their family out, support their family. So, it is in my district. A lot of
people get their money and they send it to Cuba. So, what happens? The money does not circulate in the
district. The affordable housing congestion in the Little Havana -- in the East Little Havana -- and they're
popping up everyday. I see them out there -- it's designed for merchants not to succeed. Look at your
district, J.L. Why is your district booming?
Chairman Plummer: Well, my district is...
Commissioner Sanchez: You have professional people and you have no low income housing.
Chairman Plummer: Yeah, but -- yeah, my...
Commissioner Teele: But he has water on every edge of his district, too. I mean, his district is...
Chairman Plummer: That has a lot to do with it. I got the central business district. Mr. Gort has the floor.
Vice Chairman Gort: Mr. Chainnan, let tore tell you, all the money from low income. Houses are welcomed
in my district. So, don't worry, Commissioner Sanchez. i'll take it over and, then, we'll use it in Allapattah,
which is one of the places that qualify. i want you to understand, I've been with the East Little Havana way
before -- I was volunteered board member, when we had to do a study because that area was deteriorating
quite a bit. There was no way we could get the private sector to come back in. There was no way that we
could do something. We, at East Little Havana, along with other non-profit corporations that created
housing in Brickell and Allapattah -- and one of the things that we've done in Allapattah and Melrose is
home ownership. If you read your five year program, what we're talking about now and what the
administration is talking about is home ownership. Give the ability to first-time buyer to go ahead and buy
their property. And we know, once you own your property, you're going to do a lot better. My suggestion
is, some of those studies, they should be given to some of the Commissioners, so they can go over the
studies. And a lot of decisions were taken in the past -- taken today, they're based on studies that were done
and recommendations that were made. When you read your Five -Year Plan, you'll see, this is part of what
19 June 22, 1999
makes the merchants -- it's very difficult -- you can't compare Little Havana or Allapattah or Wynwood with
Coconut Grove. Let's face it. When you look at the -- you read through the sports, the standard of living of
the people -- the residents is very different, and the disposable income is completely different. But I think
we've been very successful with some of our programs. Other ones have been very deteriorating, I agree.
And this is what we need to analyze. We've got to make sure that we get the right people to do the right
construction and the right plan.
Chairman Plummer: Mr. Clerk, did we call the roll on four?
Mr. Walter Foeman (City Clerk): Yes.
11. DEVELOPMENT OF AFFORDABLE HOUSING IN THE LITTLE HAVANA
NEIGHBORHOOD BY THE FLORIDA HOUSING COOPERATIVE, INC.; AUTHORIZE
MANAGER TO ALLOCATE FUNDS FROM THE CITY'S FY `98-99 STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM ($414,577), IN CONNECTION WITH THE
DEVELOPMENT OF THE BARCELONA PLACE CONDOMINIUMS PROJECT; AUTHORIZE
AGREEMENT, WITH COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO).
Chairman Plummer: All right. We're now on Item 5. Little Havana Neighborhood by the Florida Housing
Cooperative. The amount -- is called Barcelona Place Condominiums -- four hundred fourteen thousand
five hundred and seventy-seven dollars ($414,577). Mr. Sanchez, this is in your district.
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
20 June 22, 1999
..
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-424
A RESOLUTION OF THE MIAMI CITY COMMISSION
RELATING TO THE DEVELOPMENT OF EIGHTEEN (18)
UNITS OF AFFORDABLE HOUSING IN THE LITTLE HAVANA
NEIGHBORHOOD BY THE FLORIDA HOUSING
COOPERATIVE, INC.; AUTHORIZING THE CITY MANAGER
TO ALLOCATE FUNDING FROM THE CITY'S FY `98-99
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM IN THE AMOUNT OF $414,577, IN CONNECTION
WITH THE DEVELOPMENT OF THE BARCELONA PLACE
CONDOMINIUMS PROJECT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
AFOREMENTIONED COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION (CHDO) FOR SAID PURPOSE.
(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.
12. DEVELOPMENT OF AFFORDABLE HOUSING IN THE EDGEWATER NEIGHBORHOOD
BY THE JUBILEE COMMUNITY DEVELOPMENT CORPORATION; AUTHORIZE
MANAGER TO ALLOCATE FUNDS FROM FY 1998-99 HOME INVESTMENT PARTNERSHIP
(HOME) PROGRAM ($125,000), FOR CONSTRUCTION AND FINANCING ON THE
PROPOSED JUBILEE BAYSIDE VILLAS HOUSING PROJECT; AUTHORIZE AGREEMENT
WITH COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO).
Chainnan Plummer: Item Number 6. Jubilee Community and the Edgewater.
Commissioner Teele: So moved, Mr. Chairman, for purposes of discussion.
Chairman Plummer: May I -- for discussion. All right. Let me...
Commissioner Regalado: Second
21 June 22, 1999
Chairman Plummer: All right. Mr. Teele.
Commissioner Teele: No discussion. I moved it for purposes of discussion.
Chairman Plummer: Oh, oh, OK. That's fine. Let me go on the record and say that my office received a
call this morning from the Edgewater Association, which is in my district. They have not been contacted.
They feel it is only right that this matter should come before their group and, because of that, if none of my
colleagues have an objection...
Commissioner Teele: Move to defer, Mr. Chairman.
Chairman Plummer: Move to defer, until such time. Seconded by Sanchez. Item 6...
Commissioner Teele: Mr. Chairman?
Commissioner Teele: Mr...
Vice Chainnan Gort: Somebody wants to speak.
Commissioner Teele: I'm sorry.
Chairman Plummer: Did you wish to speak, Ma'am?
Mr. Marta Rodriguez: Yes. I was just asking -- I was coming to ask exactly that, to be defer...
Chairman Plummer: The deferment. OK. Yes. Somebody wish to speak? All in favor of the deferment on
Item 6, say "aye."
The Commission (Collectively): Aye.
Chainnan Plummer: Opposed? It is so ordered.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-425
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 6
(RELATING TO THE DEVELOPMENT OF 65 UNITS OF
AFFORDABLE HOUSING IN THE EDGEWATER
NEIGHBORHOOD BY THE JUBILEE DEVELOPMENT
COMMUNITY DEVELOPMENT CORPORATION) IN ORDER FOR
THE EDGEWATER HOMEOWNERS ASSOCIATION TO HAVE
THE OPPORTUNITY TO REVIEW SAID PROJECT.
22 June 22, 1999
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Number 7 and 8 are going to be very involved. We will probably take up the rest of
the morning on those two items.
13. AUTHORIZE MANAGER TO EXECUTE AGREEMENT, TO PROVIDE FOR
CONVEYANCE TO THE CITY OF APPROXIMATELY 1.1 ACRES OF REAL PROPERTY
LOCATED AT THE CONFLUENCE OF THE MIAMI RIVER AND THE SEYBOLD CANAL,
ELIMINATE REQUIREMENT OF fNTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI,
MIAMI-DADE COUNTY AND THE SPRING GARDEN CIVIC ASSOCIATION AS PROVIDED FOR
IN RESOLUTION 98-389, AUTHORIZE MANAGEMENT AGREEMENT WITH THE
ASSOCIATION TO ESTABLISH MANAGEMENT RESPONSIBILITIES OF PROPERTY.
Commissioner Teele: I would ask your permission to take up Item 19, which is a non -controversial item,
authorizing...
Chairman Plummer: You wish to do that at this time, sir?
Commissioner Teele: Say again.
Chairman Plummer: Item 19 is on the floor. Item 19.
Commissioner Teele: I would so move. This is authorizing the execution of an agreement that has
previously been approved for Spring Garden Park, and it's in conjunction with the State and the County.
The State has already approved it.
Chairman Plummer: It is moved by Commissioner Teele.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Commissioner Sanchez. All in favor...
Commissioner Teele: Mr. Chairman?
23 June 22, 1999
Chairman Plummer: Yes.
Commissioner Teele: There are, at least, three persons here. I don't think it's necessary. But, for the record,
Mr. Ernie Martin is here and Ms...
Chairman Plummer: Any of the parties that are here, please stand up. OK. Do any of you wish to speak or
just say thank you for approving? So be it. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: opposition? Show none.
24 June 22, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-426
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN OPTION AGREEMENT FOR PURCHASE AND SALE
("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, TO PROVIDE FOR CONVEYANCE TO THE CITY OF
MIAMI OF APPROXIMATELY 1.1 ACRES OF REAL PROPERTY
KNOWN AS THE SPRING GARDEN POINT PARK, LOCATED AT
THE CONFLUENCE OF THE MIAMI RIVER AND THE SEYBOLD
CANAL, AS MORE PARTICULARLY DESCRIBED IN SAID
OPTION AGREEMENT„ AMENDING RESOLUTION NO.98-389 TO
ELIMINATE THE REQUIREMENT OF AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI-DADE
COUNTY AND THE SPRING GARDEN CIVIC ASSOCIATION
("ASSOCIATION") AS PROVIDED THEREIN; AUTHORIZING THE
CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN
THE CITY OF MIAMI AND THE ASSOCIATION TO ESTABLISH
THE MANAGEMENT RESPONSIBILITIES OF THE PROPERTY;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None,
ABSENT: None.
25 June 22, 1999
14. (A) AUTHORIZE CHANGE OF OPERATING YEAR FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ACTIVITIES TO OCTOBER 1, THROUGH SEPTEMBER 30, 1998-
1999; AND AUTHORIZE MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL
AGREEMENTS WITH COMMUNITY BASED NEIGHBORHOOD ORGANIZATIONS, FORT
CONTINUING NEIGHBORHOOD ECONOMIC DEVELOPMENT, SOCIAL SERVICES AND j
HOUSING DEVELOPMENT PROGRAMS FOR THE AMOUNTS SPECIFICALLY
APPROVED BY THE CITY COMMISSION, FUNDS FROM HOME INVESTMENT
PARTNERSHIP PROGRAMS AND EMERGENCY SHELTER GRANT.
B ADVERTISING OF CDBG FUNDS NEED TO BE MORE SPECIFIC..
Chairman Plummer: We're now back to Item Number 7. Item 7 is the resolution -- do you want to do the
Block Grant Development now?
Ms. Gwendolyn Warren (Director, Community Development): This is the extension of the program, yes.
Chainnan Plummer: All right. Gwendolyn Warren, I assume you're going to tell us why they're going to
extend?
Ms. Warren: I'm going to...
Chairman Plummer: Well, let's go ahead -- let's get a motion by...
Vice Chairman Gort: Move it.
Chainnan Plummer: ...Gort.
Commissioner Teele: Mr. Chairman?
Chairman Plurnmer: Seconded by...
Commissioner Teele: This is a public hearing.
Chainnan Plummer: I understand. Just to get it on the floor. OK? Just to get it on the floor.
Commissioner Sanchez: Second.
Chainnan Plummer: Now under discussion. Gwendolyn.
Ms. Warren: OK.
Chairman Plummer: And then we'll go to the public.
Ms. Warren: As we've previously discussed, as a result of our OIG (Office of Inspector General) audit of
HUD (Department of Housing and Urban Development), one of the concerns or findings in that audit was
the City -- because of our multiple program years, the HUD program year runs from May -- June I to May
30th of each year. The City and the federal fiscal year is from October to September. That has created
some significant issues in our ability to close out our books on time and to measure, accurately, our
carry-over through the OIG audit. HUD has recommended very strongly that we adjust our federal fiscal
26 June 22, 1999
year to enable us to better close out our program year. What staff is recommending today is that the current
service providers, who were funded under our 24th year be extended through September 30th of this
program year. It will enable us to, one, implement the Five -Year Plan, which is a new federal requirement.
Additionally, it will allow us to reconcile the City's CDBG (community development block grant) year with
the federal and the City program year. The recommendations that the staff has put before you are based on
agencies' performance through the third quarter, which would be March 30th of this program year, with the
exception of five agencies. We have provided you with an amendment addendum to Item 7, which is on
your areas up there, with the exception of five agencies. Staff is recommending that all agencies receive the
three-month funding that would extend them. The five agencies not recommended for the extension are
either agencies that failed to meet the contract requirements of the City. In other words, we never entered
into a contract because, in most cases, either they were unable to secure the proper bonding or insurance.
The other agencies are agencies that, through compliance monitoring, have been found to actually have
disallowed costs and owe the City under a repayment plan. And one agency has, voluntarily withdrawn their
interest in receiving grant funds from the City. There is one organization of the five that we're not
recommending, based on performance alone. That agency only performed at 20 percent of the contracted
performance rate. There were several attempts, during the year, to correct the deficiency, including strongly
recommending that they come to the Commission and ask for a contract modification. None of those
actions resulted in any increase in their performance so, again, we're not recommending that particular
agency for funding. There's one organization in your package that was not recommended, that staff is
amending that recommendation because we feel they would have met their performance standard if it wasn't
for some circumstances surrounding the implementation of their facade program. So, we are recommending
that they do receive funding. There are four...
Vice Chairman Gort: Excuse me. Excuse me
Ms. Warren: I'm sorry. You want the names?
Chairman Plummer: Yeah, I think it's only right that...
Ms. Warren: OK.
Chairman Plummer: ...we put it on the table, the names of the organizations who are not going to be funded
and for those who you have modified and are going to now fund. I think it's important to go on the record.
Ms. Warren: For the record, the agencies not recommended for funding is Agape Academic Enrichment
Center. The reason is that they were unable to ensure the insurance and bonding requirements to contract
with the City. Basic Training did, in fact, complete their contract and procedures but found that the
administrative controls and financial oversight of the City in receiving federal funds were too restrictive so,
therefore, they wrote to request to voluntary de -obligate the balance of their funds. The Greater St. Paul
AME Church was unable to secure the insurance and bonding necessary to enter into a contract. The
Hispanic Coalition, during a compliance review, they, inadvertently, during the 22nd and the 23rd year, they
simultaneously billed the City of Miami and Miami -Dade County for the same positions and activities. We
identified twenty-four thousand dollars ($24,000) of disallowed costs. They entered into an agreement to
pay us the money. They have failed to live up to that agreement, so we're recommending that they do not be
considered for funding. St. Johns Eco -- for under Economic Development. St. John Community
Development Corporation has several programs but they're economic program, which is for commercial
facades, they have done only 20 percent of the performance. Also, over the last several years they have
failed to meet the performance standards. Staff is not recommending them for refunding for economic
development for facade. Pierre Toussaint, Haitian Catholic Center, had completed 70 percent of 14 of the
20 required facades. We feel that, as a result of implementing new systems and coordination on the part of
27 June 22, 1999
City staff, that we, inadvertently, affected their performance and, therefore, we feel that they should be held
harmless and approved for funding. The agencies that we're recommending for finding under the category
of technical assistance and capacity building, what that means is that we have three organizations who are
currently involved in a review or a restructuring as a result of significant regulatory deficiencies that we
identified during our compliance reviews. These agencies have been working with city staff to reorganize
and to restructure their operations. What we're recommending at this time is that they not be funded for
program activities, but they receive an amount of money for technical assistance and continued capacity
building during this three month time period so that they could complete their restructuring and our audit.
The names of those organizations are Coconut Grove, Local Development Corporation, Rafael Hernandez
Economic Development Corporation, and Miami Capital Corporation. Again, our reviews have found some
significant issues that require restructuring and all three agencies have been working with city staff, both in
the financial and the programmatic areas to restructure, and we would like to continue to work with them
and bring back a formal recommendation under the next finding cycle.
Vice Chainnan Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Mr. Chairman, one of the questions that I have is, my understanding is, we are making
some changes in policy. My understanding, one of the biggest problems is most of those agencies have,
they're running on a very tight budget. The City, in the past, would advance -- because they get funding
according to their expenditures and they have to give their report, then they get funding. A lot of these
agencies do not have their funds to survive for the next three months. And my understanding is, one of the
changes is going to be that we no longer are going to give some of them an advance. We should advance
this pay in each one of the -- what do you call the monthly...
Ms. Warren: Reimbursements.
Vice Chairman Gort: The reimbursements package. That's reduced from the reimbursement package and
the City gets paid back. A lot of these agencies would not be able to survive if we do not provide advance to
them.
Ms. Warren: For the record, we're not implementing the policy that doesn't allow for advances. What we're
doing is, we're extending the possibility of advances but in compliance with the federal regulations, which
basically say, "they can only be used for specific operational costs and the moneys must be paid back within
a specific time frame. The old policy used to be that we would allow up to a sixth of the contract as an
advance and an agency would have up to 12 months, the whole project time period, to pay it back. That
precluded us ever canceling a contract as a result of underperfornance because well, it interfered or created
concerns, because agencies would owe us money for the whole life of the contract. The Federal Regulations
and Policies basically require that the money be paid back in a reasonable time period. A reasonable time
period is considered 90 days. So, we're basically still extending the offer but they would have to return the
advance within the 90-day time period and it cannot exceed, by regulation, 10 percent of the contract.
Vice Chairman Gort: I understand that. And we had to provide with Federal guidelines and we have to
comply with it but, somehow, we, at the City, all of a sudden we're doing something for 20 something years,
now we're going to change overnight. The agencies are not trained -- i mean, I had to do that in DDA
(Downtown Development Authority). DDA, at one time, we used to receive an advance from the City
because, by the time it came to October, we didn't have funds and we didn't get the tax money until
December. We, at DDA, had the ability to create a reserve fund but these agencies do not have the ability to
create the reserve fund overnight. I think this is something they need to do in the future. And I need -- I
28 June 22, 1999
believe we got to work. We have to work with them and let them do their own fundraising -- and help them
do their fundraising so they can create a reserve so -- but, in the meantime, i think, somehow, we need to
help them, through general fiords or whatever funds we have.
Chairman Plummer: OK. This is a public hearing.
Commissioner Regalado: Question, question.
Chainnan Plummer: Mr. Regalado.
Commissioner Regalado: I just want to follow up on Commissioner Gort's concerns, and i have two or three
questions. If you want to build an apartment building and you depend on money from the City, you can wait
for a while. We have seen that in the past. But, when you have to feed people everyday, you can't wait.
Now, all the social agencies in -- funded by the City of Miami have been under the gun in the last three or
four, six, seven months. Now you're telling us that the finds will be given to those agencies for the next
three months, and one question: the agencies that you mentioned are the only ones that will not be funded or
during the next day, because I see here, according to performance, so you have already decided that this is it.
OK. The other issue is, when are they going to get the money to operate until September? Are they going
to get it now or are they going to get it in August, September? Because this seems to be the problem for
many agencies.
Ms. Warren: Fortunately, this will be an extension of their current contract, which would only incorporate
additional moneys and modified performance standards would increase for the three month time period.
We're intending to do this as a letter modification to their current contract, and it should be effective
immediately upon the signature of the Manager and the agency. So, we're looking to turn this around in
about five days.
Commissioner Regalado: OK.
Chainnan Plummer: This is for all of the service providers in Dade County.
Commissioner Regalado: Yeah, right. The other question. You're going to issue RFD's (request for
proposals) for the different social programs, is that correct?
Ms. Warren: Yes.
Commissioner Regalado: Do we have the time to do this and have the agencies come back to you with all
the paperwork and is there --1 mean, can you tell us, on the record, that there is going to be; that there is not
going to be like two agencies or three agencies that miss the deadline because it was either too short or --
that is one conceni that I have.
Ms. Warren: We're anticipating that, again, in order to come on line October 1, the system is going to have
to be different. Things are going to be tight, but we intend to make the deadline. The things that are going
to occur differently to assist us in doing this is that, in the past, when agencies have submitted proposals,
those proposals have been reviewed and scored and they've gone through a multitude of procedures from
going before our advisory board, staff reviewing them, the advisory board reviewing them, and then coming
here going through two readings and then there being recommended for funding, and then we collect the
paperwork necessary to negotiate a contract. Also, what has occurred in the past, is that we've got a variety
of programs and all of them require different kinds of contracts, so the actual contract negotiation process,
getting it through legal counsel, figuring out the insurance requirements have been very extensive. This year
29 June 22, 1999
we're doing several things as a result of our current experience. One, we're asking organizations, as a part of
their proposal, to send us and submit the required paperwork on their organization that is necessary for us to
enter into a contract, their insurance, their organizational structure, their legal paperwork. Secondly, we've
been working with the Law Department this year and we've developed boiler plate contracts that incorporate
the specific language that is required by HUD. We will then put an addendum on it, which will be specific
either to social services, economic development, or housing, but we will no longer sit down and write an
individual contract for all the agencies. Thirdly, what we're doing is, we're working with Risk Management
to come up with insurance ranges based on the kinds of activities so that organizations will know, in
advance, what their insurance requirements are going to be, and they will be published as a part of the RFP.
Thirdly, we have been able to work out a system -- this is -- I'm on four, I think Nvork out a system with the
Oversight Board to be able to expedite the contracts. So, one, we're going to get the paperwork in advance.
We've already done contract boiler plates. We're going to predetermine the insurance rate and we're going
to be working with a task force of the Law Department, the Manager's Office, and our department to
expedite the contract.
Chairman Plummer: Quick question. Where is the money...
Ms. Warren: It's designed to do it in 30 days instead of three months.
Chairman Plummer: Where is the money coming from?
Commissioner Regalado: Yes. I got a question about the 15 percent and the 25 percent allowed by the
Congress for the City of Miami. We all know that social agencies in the City do need more funding and we
all know that every year they have more clients. The people of Miami, and you saw in all the meetings that
you attended, especially in Flagami and other areas, are getting needier and older. So, my question is the
process that will go also to the Citywide Advisory Board that will decide and then the City Commission and
public hearings will decide the funding or that will be established by you through the RFP?
Chairman Plummer: Correct.
Ms. Warren: It will be established through tine RFP, based on the policy decisions that you'll make today.
Staff will, then, issue the RFP based on the policies. They will be reviewed and analyzed based on those
policies and recommendations will come to you. So, as a result of the Five -Year Plan, which is the next
item, we've gone through details to recommend policies based on those public hearings and other kinds of
evaluation techniques.
Chairman Plummer: We're getting far afield of the agenda item. I have one question, where is the money
coming from for the extension?
Commissioner Sanchez: Exactly.
Ms. Warren: The moneys from the extension is coming from program income and unspent administrative
dollars from previous years.
Chairman Plummer: Thank you. Mr. Sanchez.
Commissioner Sanchez: Yes, sir, Mr. Chairman, One, I want to commend you and the City administration
for basically weeding out the bad organizations and focusing on improving the good ones. As I look around
this room, we see some of the brightest people that are running some of the best organizations in this City.
What I want to get the message across is that, you know, I don't want or this City does not want to cause
30 June 22, 1999
hardship to these services that are providing a great service to our community. So, i think, one of the
biggest concerns that we have is -- you know, and I'm not too familiar with the R.FP that you're going to put
out. Which organizations are going to be focused on the RFP?
Ms. Warren: Again, when we get to the Five -Year hearing piece, it's going to be our traditional services,
plus we're recommending some new ones and, at that point and time, we'll go through the list of what is
approved -- authorized by HUD and what we're recommending to the Commission. But to answer your
question directly, the only category we're recommending that you include is Historic Presentation.
Commissioner Sanchez: OK.
Chairman Plummer: All right.
Ms. Warren: That you increase your services in that area.
Commissioner Sanchez: Well, one -- excuse me, Mr. Chairman. I think the message that I think every
Commissioner here wants to send out here is that we do not want to cause an inconvenience or a hardship
for some of these great organizations that we have and, in the process of weeding out the bad ones and the
good ones, let's focus on rewarding the good organizations that are doing an exceptional job in this
community.
Ms. Warren: Yes, sir.
Chairman Plummer: All right. Now, let's remember what the general item is. The agenda item only speaks
to the extension until October 1.
Commissioner Sanchez: So moved.
Chairman Plummer: And how many -- it's already been moved. How many people wish to speak to the
issue? This is a public hearing? You're -- without question, you're already there. Is there anyone else who
wishes to speak to the issue? You wish to? I have two speakers. I will allocate two minutes to each. I ask
you start by giving us your name, your mailing address, and if you represent an organization.
Mr. Leroy Jones: My name is Leroy Jones, 180 Northwest 62nd Street. I represent Neighbors and
Neighbors Association. I want to ask this Commission to, please, consider about taking the administration
funds -- the commercial facade program from St. Johns, and I tell you why. If you take the funding from St.
Johns, that would only leave one CBO (Community Based Organization) organization, which is the
Toupant, whatever. What it's called? The Pierre Toussaint CDB Organization, the only one doing the
facade program to cover Little Haiti, Model City and Overtown. As you know, currently, we don't have a
CBO that does commercial facade in Model City. Mr. Sam Mason used to do facade in Model City when
he was a part of Martin Luther King Economic Development Center. When he left, they still done the
program. It wasn't effective but since MLK (Martin Luther King) stepped away from doing the facade
program, we don't have a CBO organization in Model City that does the facade program. And I want this
board to please consider -- to reconsider about taking the funds from St. Johns because if you take those
administration dollars -- maybe we need to restructure it. Maybe they got the money late or whatever. I'm
sure, with some kind of difficulties that they faced it for them to only get a 20 percent scaling rating. I'm
asking this Commission to, please, reconsider because once you take those dollars away, you take jobs away
out of the community. Because I'm sure when you take those administration dollars for them to administrate
that program in that area, one or two people are going to lose their job. I'm quite sure. And, please,
reconsider. Maybe you can sit at the table with them and restructure it to make sure that they meet the
31 June 22, 1999
compliance that need to be met. But I'm asking this board, just because of the jobs that come out of that
program -- and because they are right there where the people in the area can put their hands on them to,
please, reconsider that.
Chairman Plummer: OK. All right. Gwen, how many facade programs have been done in the Model
City's?
Ms. Warren: In the Model -- the Model City's community does not have a facade provider.
Chairman Plummer: Well, lie spoke to people -- if we don't timd it, they would be losing their jobs. And
now you're telling me we don't a facade program?
Ms. Warren: There is -- each community -- each target area has a CBO that has been approved by the
Commission to do facades in that area. There's two communities, target communities, that do not have
CBOs that are doing actual commercial facades. That is Coconut Grove and Model City's, Both of those
communities, in an action that you took in July of'96, we awarded a hundred thousand dollars ($100,000) to
Model City's to do a study of their commercial corridors to find out how they wanted to proceed with their
development.
Chairman Plummer: OK.
Ms. Warren: And it was fifty thousand dollars ($50,000) awarded to Coconut Grove for the same purpose.
Chairman Plummer: OK.
Ms. Warren: All of the other CBOs have been and are capable of doing facade in the other areas.
Chairman Plummer: All right. Yes, sir.
Mr. Orestes Noriega: Yes.
Chairman Plummer: Your name, mailing address, and if you represent an organization.
Mr. Noriega: My name is Orestes Noriega. I'm the Executive Director of the Lion's Home for the Blind. I
would like to talk about the recommendation for the extension on the money for the agencies this year.
From what I hear, it look very simple but, to me, it's not. Most of the agencies here, they run their budgets
very tight. They don't have enough money to cover almost the whole year. Because no matter -- I am
talking about my own organization. No matter how hard I work outside the government to secure funds for
the organization, year by year it's harder and harder to get money from the public because the pie is bigger
and bigger. Miami is poorer and poorer, year after years. And my question is this, Community
Development will advance this money for three months. That is from the money we're going to receive the
following year. We have to repay that money to the agency. Then, at the end, because this year's going to
be, instead of 12 months, it's going to be 15. What will happen at the end of the year? How are we going to
pay for the expenses during this year?
Chairman Plummer: Ms. Warren. You heard the question?
Ms. Warren: Yes, sir. The advances -- the program year was the 24th year, which commenced in June I of
'98. What we're recommending today is that, instead of it being a 12-month year, it be a 15-month year. So,
there will be no more advances issued during this three-month extension. The new program year would
32 June 22, 1999
start October 1. That would be the official 25th year. At which point, agencies could request advances but,
per the regulations, they would have to give us back the money within three months.
Chain -nail Plummer: OK.
Vice Chairman Gort: Mr. Plummer?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: One of the biggest problems that we have, there's agencies that would run out of
money right now. They would not have money to pay the July bills. July, August and September. How are
they going to do it?
Ms. Warren: We're extending and providing them the same amount of money they have received over the
12 months for the time period. We're giving them money to do that.
Vice Chairman Gort: But you're doing it on reimbursement.
Ms. Warren: They're always on reimbursement.
Vice Chairman Gort: Reimbursement. But the problem is, this would end their year. This fiscal year will
end now in July, am I correct?
Ms. Warren: No. This fiscal year is being extended to September 30th.
Vice Chairman Gort: I understand that. Normal time, fiscal year ends in July 30th?
Ms. Warren: Yes. sir.
Vice Chairman Gort: Correct. I mean, in July 30th or June 30th?
Chainnan Plummer: June 30th.
Ms. Warren: June 30th.
Vice Chairman Gort: June 30th. The new year begins in July 1.
Ms. Warren: Correct.
Vice Chairman Gort: These agencies are used in July 1 st to receive the advances, so they can pay July,
August and September on the bills they have to pay. Yes, we're going to extend it for the 150' and they can
ask for the advance in October but what are we going to do in the three month gap? That's the problem that
they have and this is something, Mr. Manager, you have to look into it.
Chairman Plummer: Well, what is the...
Vice Chairman Gort: I know we have to comply with Federal guidelines and we need to do that, but some
of these agencies, on reimbursement packages, would not work because, in the past, they're used to
receiving the advance in July 1 st, am I correct?
33 June 22, 1999
Chairman Plummer: The question is, where are the...
Ms. Warren: You are correct in that those agencies who solely are funded by the City of Miami and have
no other resources, our Federal funds are reimbursement only. So, the requirement is that you incur the cost
and then we draw our moneys from HUD to reimburse them. The issue would be is that -- that's basically
the issue. And, so, if they have no other source of funds, they're always running two pay periods behind.
Chairman Plummer: From what I'm hearing over here, that's the law.
Ms. Warren: That is the law.
Chairman Plummer: OK. And whether we like it or we don't like it, it's the law and that's what we've got to
do and what we've got to comply. I think what she's trying to say, that i didn't hear, is that most of these
agencies, we are not the only provider of funds.
Ms. Warren: No, we're not.
Chairman Plummer: They get money from the County; they get money from other sources, as well as from
the City of Miami.
Ms. Warren: A very few of our agencies, we're the sole funding source.
Chairman Plummer: OK. Yvonne McDonald.
Ms. Yvonne McDonald: Yvonne McDonald, Coconut Grove Local Development Corporation. And this
morning, I'd just like to say that the LDC (Local Development Corporation), as you know, has gone through
extensive changes in the last 12 months and I know that our facade project has been a serious concern for
us. But I'd just like to mention that we are recommended, at least for the next three months, for a technical
assistance and we're looking forward to working with the City of Miami and I'm really looking forward to
applying for our CDBG funding for the year 1999/2000. And I want to assure the City that the LDC will
work aggressively to be in a qualification to apply and to come into compliance to apply for CDBG funding
for 1999 to 2000. Thank you.
Chairman Plummer: Thank you, ma'am. Eleanor.
Ms. Eleanor Kluger: My name is Eleanor Kluger and I am a board member of the Community Development
Block Grant. And I would like to say that Gwendolyn Warren and her staff have been working very hard,
along with the Community Board, to improve what has been going on for the last 24 years. We are now
asking only for an extension, so -- for three months -- and Gwen has provided us, you can hear from a few of
the people that are now servicing, being serviced by us, that they are happy with this plan and we just want
to see that we can get this plan going. OK. And the three months is an extension of their funding of the last
year's funding. We want to do a new program and this is what we're all going to be working toward, so that
the dollars that are spent from the Federal government, we will see in our neighborhoods and see a
difference, which we have not been seeing for these 24 years, to the extent of the hundred and forty-two
million dollars ($142,000,000) that have come through these dollars to improve poor target areas, which
have not been getting improved. And, so, I just like to say that I'm very proud of our staff. (applause)
Chairman Plummer: And am I sure that we have some --
Vice Chairman Gort: By the way, let me...
34 June 22, 1999
Chairman Plummer: None of the -- some of the organizations that are here, that are awful quiet, must be
happy, if they're not up there screaming and hollering.
Vice Chainnan Gort: Let tine say something. I'm not criticizing staff. I'm very happy with the Five -Year
report. 1 think the Five -Year report is great. The Staff has done wonderful work but, at the same time, we
have to look at reality. There's agencies out there that they don't have the funding. Somehow, we have to
find out how do we go about it. Because you're changing over night.
Ms. Warren: OK.
Chairman Plummer: OK.
Vice Chainnan Gort: And I don't have any problem with the Five -Year Plan. I think it's great and I agree
with it. But I think there's some things we need to look into.
Chainnan Plummer: Let's try and stick to the agenda. Mr. Sanchez,
Commissioner Sanchez: Just one. Gwendolyn, the biggest concern that I get through these changes are that
some of these organizations, when it comes to the three months, they need an advanced check to survive
and, therefore, maybe the process could be simplified, which, you know, to assist them. And that's the
biggest concern that we're getting and you know that we get those complaints, but there has to be a way
where they don't press the panic button and they go haywire.
Ms. Warren: My staff has just told me that what we would recommend that you include is that staff be
directed to deal on a one on one basis with agencies in financial need.
Commissioner Sanchez: All right. Well, I -- you know, the Chairman and myself will direct you to do that.
Chainnan Plummer: Sir, you've had your shot at the mike. You want again?
Mr. Jones: Yes, sir. If you don't mind, Mr. Plummer, if I could have...
Chairman Plummer: This time you're down to one minute.
Mr. Jones: It's going to take a little longer than one minute, Mr. Plummer.
Chairman Plummer: No. I mean, you had your shot. Are you going to speak to the extension only?
Mr. Jones: Yes. It has something to do with the facade program. It does..
Chairman Plummer: No, sir. This is the extension for three months.
Mr. Jones: OK. Well, can I get some kind of clarity of -- I understand you mentioned about the Model City.
I know it won't be no jobs taken away from the Model Cities, as far as the facade program, because Model
Cities don't have a facade program. But I'm sure it will be a job taken away St. John's, if they're not given
an extension for...
Chairman Plummer: Sir, did you not hear, as I think we did, that sine's complying by the law and she's doing
what she has to do, not necessarily because she wants to, but the law says she has to.
35 June 22, 1999
Mr. Jones: Mr. Plummer, I'm not questioning Ms. Warren's judgment. I know Ms. Warren do a great job
and work hard, so I don't have a problem with that. You know, but 1 do have a problem with people losing
jobs that live in my community because it's no jobs...
Chairman Plummer: Absolutely.
Mr. Jones: ...there anyway, so I have a -- you know, although I'm not in — don't have any ties...
Chairman Plummer: I would strongly suggest...
Mr. Jones: ...with St. John's at all.
Chairman Plummer: 1 would strongly suggest...
Mr. Jones: You know, just because of the jobs in my community, I'm concerned about it.
Chairman Plummer: I would strongly suggest that, after the meeting, you get together with her and see if
there's something that could be worked out. Armando from Edgewater, your item has already been deferred
and ask to come back at the next meeting.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, this is a public hearing and I have not said anything on this because I
really believe that public hearings, we should hear from the public first.
Chairman Plummer: Absolutely.
Commissioner Teele: And, then, the Commissioners, but you're the Chairman. You can run it anyway you
want to. The point...
Chairman Plummer: I try to run the way my colleagues wish it
Commissioner Teele: But the point is that I want to make are, I have a number of concerns with this and 1,
basically, support what the Manager is doing in Item Number 7, essentially. The first concern that I have is
public notice. I have not seen the kind of public notice in "The Miami Herald", in the newspapers in both
the Hispanic circulation and the black community, that intelligently gives notices to what we're doing now.
I don't think the County is any model. I criticize the County on any number of things. In fact, the County
got away clean this morning on the Soyka Restaurant. They charged that man a hundred and eighty
thousand dollars ($180,000) just to connect his water and sewer, but that's not the point. The point is this,
we need to adopt a notice procedure that does essentially what Chairman Plummer said this morning. Every
grant and every amount that we are moving or we're extending should be identified with the name of the
organization. In other words, if you take Item Number 5, Item Number 6, if we're moving fourteen thousand
dollars ($14,000) from fiscal year 1998, it should say, "the East Havana Housing Authority, fourteen
thousand dollars ($14,000)" and it should show a balance sheet transaction on the other side. One of the
problems -- the biggest problem that we have with this program, that we've all identified, is that we have not
closed out the grants in the previous years. This predates all of us by some twenty years now. OK, Mr.
36 June 22, 1999
Manager? But one of the reasons that it's going to be damn impossible to close these grants out is that
there's no record. There is no intelligent record. And I'm not defending Ms. Warren and her agency now
but I am saying, I am very supportive and sympathetic to the difficulty that they are going to be faced with
and they continue to be faced with. Ms. Warren, I want to just pause. Do we have any disagreement thus
far?
Ms. Warren: No, we do not.
Commissioner Teele: Is it so hard -- I mean, if you take today's "Miami Herald," if you look at the County,
they're moving, I think, eight thousand dollars ($80,000) from two different agencies. They're saying, "we're
going to take the money from these two agencies. We're going to transfer them over there." This is very,
very important because it let's the community know what happens. Some people only see the last thing that
we did. They never see the change and that's why this Commission has a bad reputation of making a
decision, everybody leaving and, then, a week later, things change. It's not so much we're doing things
wrong. It's that the staff is not appraising the public of what we're doing and I don't think we're doing
anything underhanded here either. I think, what we're doing is proper but we're not providing the proper
notice. And, so, Ms. Warren, I, again, appeal to you. Every grant that is being amended, in which dollars
are being moved or extended, the name of those associations -- the same thing Commissioner Plummer said,
totally correct -- you need to read it into the record, but it needs to be read into the record, not for these
people here. These are the insiders. They know what's going on. But there are a whole lot of people at
home who would like to know how their co► rnunity is being affected. That's number one. The notice of
the public hearing, it would take a Ph.D. in administration to understand what we're doing here. This is not
appraising the public intelligently, in my judgment, of what we're doing and its needs to be dollar, the name
of the organization, where the money's coming from, etcetera. Second point. I don't think we thought
through what we're doing in ternis of these extensions. Tell me, why are these extensions three months and
not five months? Just explain that to me. And let me tell you why, Gwen. What Commissioner Sanchez is
saying, what Commissioner Gort is saying, what Commissioner Regalado's been saying about not running
out of money, we're basically walking ourselves now off the edge of a cliff. Now, unless you're going to tell
me that, in September, during the budget hearings, which I will strongly oppose -- because the budget
hearings ought to be focused on the budget. We should not commingle grant activities, in my judgment.
That is one of the things that the County figured out they've been doing wrong for 20 years and they
separated then. They moved from September to November because you don't have enough time. Now, if,
in fact, we're extending these people for three months, to September 30th, that means that there's going to be
an RFP, an evaluation, staffs recommendations, the Community Development Advisory Committee, as well
as a Commission thoughtful review, other than rubber stamping, OK, all in a period of two weeks. It's not
going to happen, Mr. Manager. And I will tell you right now, I think this thing needs -- Unless you can
think it through and convince me that we can have a thoughtful process between now and June -- September
30th, I think it's fairer to the grantees and fairer to the process, if we extend these, not through September
30th but through November 30th or November 15th, 45 days beyond the fiscal year. But I'm willing to stay
with the 90 days, as long as everybody understands that what we're not going to do is have people these on
October 1 not knowing whether they're in or out. And this is staff. Everybody here that works on these
things has obligations, the same as City employees. So, I just want to understand what the rationale is,
please.
Ms. Warren: Well, the rationale is pretty complicated, as you've just articulated. But the primary reason is
that we're trying to accomplish three things at the same time and I'll pause at that point and go back and say,
at the last Commission meeting you indicated that you had some concerns with, one, how we were going to
finance it. And, secondly, that the CD (Community Development) funding process would conflict with the
City's budget process. We did both things. We, one, looked at the process to see what steps would be
necessary for us to implement the program October 1. We, administratively, reviewed it, looked at the
37 June 22, 1999
systems, and we could, in fact, meet those time frames but probably, more importantly, the issue that you
and another Commissioner raise, which is the Commission splitting its energy to deal with policy of Federal
programs and the City budget, was the paramount issue. The -- in going back in and looking at the process,
what we resolved was that, one, we really do need to go forth and forward and move this contract year so
that it ends in September, for two reasons.
Commissioner Teele: Ms. Warren, there's total agreement on that.
Ms. Warren: Two reasons. The -- one, we need to do the close-out of this year in order to actually receive
the new allocations. So, even if we were to extend the contractors through, let's say, November or
December, we really have to close out the 24th year and open up the 25th year. So, minimally, what we
need to do is bring the contract forth to September 30th, even if the Commission at that point and time
recommends another 90-day extension so that there's no conflict between the City budget and this budget.
The reason being...
Commissioner Teele: OK. Ms. Warren, Ms. Warren?
Ms. Warren: Of the legislation. The implementation of the Five -Year Plan has to occur in the 25th year.
Commissioner Teele: Ms. Warren?
Ms. Warren: Yes, sir.
Commissioner Teele: You've just answered my question.
Ms. Warren: Thank you.
Commissioner Teele: I agree with you on the fiscal year issue, OK. I don't agree that this is a realistic
timetable in terms of the extension. If you're basically saying what I just heard you say, I can agree to that
and, that is, today we will extend this for -- through -- we will adopt this year, the fiscal year, as provided for
in the resolution, we will extend this for three months or through September 30th, and then there will be a
separate motion that instructs you to come back to us, in July or the last meeting before we break, with a
recommendation for handling the first 60 days of the new fiscal year and that will give you some time to
think it through, so that everybody here's on notice that we're going to be looking at a second extension of
some type. It doesn't work, otherwise and, that is, the people that are here don't need to be jerked around in
this way. I mean, they need to know that we're not going to run out of money and, quite frankly, to do
otherwise means that you're basically setting Commission meetings because we've not approved all these
meetings. I mean, we've got a September meeting as scheduled and if we're going to adopt this as it is,
basically, you are all, in effect, de facto, doing what we're doing now, which is, saying, "Well, you all are
going to have to meet in September and approve all of this."
Ms. Warren: Commissioner, what I was going to request, but after the Five -Year Plan presentation, was to
modify and include the recommendation that we come back. We have to accept appropriations ordinance
and start the Five -Year planning process before we can, then, recommend using the money from Five -Year
Plan,
Commissioner Teele: All right. So...
Ms. Warren: It has to happen after.
38 June 22, 1999
Commissioner Teele: The public then knows that, at least, this -- there's one Commissioner here who is
basic...
Ms. Warren: And staff.
Commissioner Teele: And staff. Who are saying that, even though this is an extension through September
30th, those organizations that are being recommended now, that function -- and let me add this very clear --
that function through this extension period can expect, if you perform, an additional 60 day or a minimal
extension until the process comes up. Is that a fair statement?
Ms. Warren: Yes, sir, if you pass that as a resolution, after the adoption of the Five -Year Plan.
Commissioner Teele: OK. Now, on the Item 7, again, that is before us -- and I'm grateful that Mr. Jones, I
think, raised the issue because i have the issue as one to be raised. This facade program is a separate
discussion and I'm going to ask that you all come back, as you promised a year ago, the first day you were
named the director, you promised, faithfully, to come back to the Commission and give us a background and
a history of the facade program, OK. That was a year and about four months ago, three months ago or so.
Ms. Warren: Prepared today.
Commissioner Teele: Was it around now?
Ms. Warren: A year and three weeks.
Commissioner Teele: A year and three weeks. A year and a month ago. And the problem of the facade
program is one that I think everybody needs to understand. Number one, there are basically no providers or
few providers for facade programs in the black community, in Model Cities. We looked at that two years
ago. We looked back at two years. What happened then looks like discrimination. It's not. It's just the fact
that there's no provider. There's no provider or one provider in Overtown and one in Little Haiti, and both
of those were having severe difficulties. I am going to ask, by amendment, that the St. John's Community
Development Corporation be extended and placed under direct supervision and technical assistance be
directly provided to them, and I would think that you would not object to that. And let -- do you object?
Ms. Warren: No, I don't.
Commissioner Teele: And let me tell you why. This reminds me of that story of the doctor saying that the
operation was a success but the patient died. You know, we can get so caught up in what we're doing here
that we lose sight of the fact that the persons that we're really trying to serve are not these CDC's. They're
these businesses that are not getting the service and, unless and until we have a plan to -- for someone else --
it's fine to say, "this one isn't doing a good job." And I agree that St. Johns is not doing a good job. And the
basis by which I'm recommending this to you and the Manager is the fact that they just changed and brought
in a new CEO (Chief Executive Officer) for the St. John's. Had they not done that, I would not recommend
it. This is not about saving anybody's jobs. And I respect the people who talked about people losing jobs.
If people don't perform, they don't deserve to have their job. But this is really about, to me, those businesses
in that community not having anyone to provide those services. And if you want to substitute St. John's
with somebody else, then let's talk about that. I'll support you. But until we have someone else, let's support
them and bolster them and get them to do it. So, I just wanted to hear from the Manager, would you be
willing to amend your recommendation on that, to put them under close watch, provide more technical
assistance but to extend them for the facade program for this period, for this 90-day or whatever this period
is?
39 June 22, 1999
W
Mr. Donald Warshaw (City Manager): Yes, Nye will. And we'll work with them.
Chairman Plummer: That is on a reimbursement?
Ms. Warren: It's on a reimbursement but I'd just like to, one, wholeheartedly agree, but what staff -- St.
John's CDC, Commissioner, is a little bit different than the other ones. They've had difficulty, historically,
with their facade program. i agree, it should not impact the merchants. But i think that the problem with the
facade program is a lot deeper than which organizations provide the service. My recommendation -- the
current configuration of the way the program works, it assumes that every business corridor is the same and
it is not. There's the same program. There's the same incentive. The business activity, climate and culture
in every one of the corridors is different and the program is just a flat program so, that, if you've got a
hundred businesses, you can do well and generate lots of bonuses. And if you have a poor business district,
where the business people do not own the buildings, you primarily cannot operate a very good facade
program. So, I think that, one, it is not primarily the responsibility of that organization as to why the
program failed. But I would also recommend this, that not only does the program need to be revisited and
we have revisited it, but the thing that I was going to recommend for St. John's, which is where they're
excellent at, is that we increase their housing appropriation to assist in that area because what you have is an
organization that is not only restructuring but is trying to master two things at the same time and they can't
do it until we have some policies that works. So, what's going to happen is, we're going to extend their
program. But under its current configuration, they will fail again. So, I recommend that we give them
additional support in the housing area until we fix the facade program and make it specific to the
communities that it's in or, again, we're falling into the same situation where their record is going to be
harmed because our program does not work for that community.
Chairman Plummer: All right. Let's get back..
Commissioner Teele: Ms. Warren, let me...
Commissioner Teele: If I may, Mr. Chairman?
Chairman Plummer: Sure.
Commissioner Teele: Ms. Warren, let me just ask you this. Then, who is going to provide the facade
activities in...
Ms. Warren: Next item. Under the -- again, you -- staff has several recommendations on the facade.
Commissioner Teele: I'm talking about over the next 90 days.
Ms. Warren: To be perfectly honest, Commissioner, you don't really have a facade program in that area and
I think, within the next 90 days, you can design one based on the recommendations that will make a lot of
sense.
Commissioner Teele: Ms. Warren, you see, this is my concern. I'm not going to debate it with you.
Ms. Warren: I -- again...
Commissioner Teele: Because I agree -- in fact, what you just said is, perhaps, the most enlightening thing
that I've heard anyone in your position say and, essentially, is that these corridors are different. That, if it
40 June 22, 1999
escapes anyone on this Commission, let it be very clear that black business development in America is
one/tenth of what it should be. Blacks make up ten percent of this country and we make up one percent --
zero one percent of the businesses in this country. And when you understand that, which you just expound
on, you understand trying to support those businesses is going to be 10 times more difficult by statistics --
statistically, as it would be, say, for another culture that has a business proclivity and, which is quite frankly,
one of the reasons why the Little Haiti program is going to go better than the Model Cities program. But
this is my concern, Ms. Warren, this is all good theory. The citizens in Model Cities, the citizens in -- which
is, by the way, 60 percent of my district is Model Cities. The Citizens in Overtown, which is five percent of
my district, as well as the citizens in Coconut Grove, which I won't get into, they are entitled to have the
same kinds of programs as we have in Little Havana or Allapattah or Wynwood, etcetera. And the
challenge is, how do we not penalize the citizens because of our difficulties? And I'm just going to leave
that alone and go to my final issue, which is Miami Capital. I'm not sure what we're saying here, but I want
to say this. Miami Capital is the only -- and I've sat in another chair. It is the only lending institution in all
of Dade County that has survived the test of time over the last 30 years. It is the only major lending
institution that has survived the test of time. In fact, the County recommended, five years ago and they
recommended again a year ago, to use Miami Capital for a lending. I have worked with at least 10 or 12
different lending organizations. There are problems. These are problems loans. These are loans,
essentially, that the bank won't make. And I think we're making a big mistake, Mr. Manager, a big mistake,
if we are, in any way, undermining or withdrawing our support from Miami Capital. One of the few things
that the County relies on the City to do today is to provide lending service. And I've got to tell you. You
know, we had the BAC. We've got -- DEEDCO (Dade Employment and Economic Development
Corporation) had money. We have Neuwell Daugherty and Associates had the County contract. I mean,
you go through any number of people -- this is a very difficult area and I would like to understand, at a later
date, exactly what we're saying and what we're doing here because we need to step up to micro lending and
other aspects of lending programs that Miami Capital is not now engaged in, and I would really hate to see
us start creating new organizations and new infrastructure for lending. And, so, I, basically, support Item
Number 7, with the caveat -- the amendment that the Manager has agreed to. And I think that this is a very
good staff work, from my observation, Mr. Manager.
Chairman Plummer: Mr. Gon.
Vice Chairman Gort: My understanding, Item 8, we're going to go into specifics.
Ms. Warren: Yes, sir.
Vice Chairman Gort: Because I have some recommendations for the facade plan.
Ms. Warren: Good.
Vice Chairman Gort: Because in some places we have to work different.
Chairman Plummer: All right. Let's get Item 7 finished.
Commissioner Sanchez: Just last. And I'm going to...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Ms. Warren, let me just ask you this. Do you have a system in place to de -obligate
funds and relocate them?
41 June 22, 1999
Ms. Warren: Yes.
Commissioner Sanchez: And relocate them now? OK.
Ms. Warren: Do we have...
Commissioner Sanchez: Do we have a system in place to de -obligate the funds and relocate them?
Commissioner Teele: Reallocate them.
Commissioner Sanchez: Reallocate them. in other words...
Ms. Warren: You mean...
Commissioner Sanchez: Yes.
Ms. Warren: ...inside the City structure? The de -obligation and the reallocation of monies are done by the
Commission.
Cllainnan Plummer: Absolutely. Has to be.
Commissioner Sanchez: OK, Now, Miami Capital, if they're not going to be the ones that are going to be
lending, who are we going to turn to for lending and assisting businesses in the City?
Ms. Warren: For the public record, I'd like to say that everything that we suggested in that letter, which is
that we're working with them to resolve problems, to assist them in capacity building, is true. That is not a
secret way of saying that we're trying to harm Miami Capital. I think, not only they're important, but they're
a viable organization. They need our support right now and that "technical assistance continue with
funding" recommendation was a sincere one. At this time, we're hoping that, over the next couple of
months, we're going to get the job done as a team and they're going to be stronger than ever. That's our
hope.
Chairman Plummer: OK.
Mr. Warshaw: We want Miami Capital to survive. It's going to survive. We're working with them to
restructure and we're a hundred percent behind them.
Chairman Plummer: Mr. Manager, I think you heard from enough up here. It is going to survive, so I hope
you understand it.
Mr. Warshaw: That's exactly what I said, sir.
Chairman Plummer: Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): There's a couple of modifications that I'd like to make to the
resolution but one clarification, please. With regards to St. John's, that's going to be provided additional
funding for a three-month period of twelve thousand five hundred dollars ($12,500.)?
Ms. Warren: Yes, sir.
42 June 22, 1999
Mr. Vilarello: That would be an amendment to the table that's attached to the resolution.
Chairman Plummer: Any other amendments?
Mr. Vilarello: Yes. The resolution needs to reflect the amount of the allocated finds. It would be
approximately hundred and sixty-two thousand five hundred dollars ($162,500) from Economic
Development Activities. Six hundred and sixty-four thousand two hundred and sixty-nine dollars and
thirty-three cents ($664,269.33) for Social Services contracts. Two hundred and ten thousand dollars
($210,000) for housing activities. And a hundred and twenty-five thousand dollars ($125.000) for technical
assistance in capacity building. And I'll also -- the resolution will also...
Mr. Warshaw: One million and six thousand dollars ($1,006,000).
Mr. Vilarello: The resolution will also incorporate tables one, two and three, which are attached to your
resolution in your package now.
Chairman Plummer: Does the Clerk understand?
Vice Chairman Gort: I have a question.
Chairman Plummer: Mr. Gort.
Vice Chainnan Gort: Was it amended also that the advance be looked at case per case, in each one of
these?
Mr. Vilarello: We can include language to that effect in the resolution.
Vice Chairman Gort: Yes, we want to include that too, right?
Commissioner Sanchez: That's included. That's one of the amendments.
Chairman Plummer: All right. It is a resolution. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
43 June 22, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-427
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE CHANGE OF THE
OPERATING YEAR FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ACTIVITIES TO OCTOBER 1,
THROUGH SEPTEMBER 30, 1998-1999; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL CONTRACTUAL AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO
APPLICABLE CITY CODE PROVISIONS WITH THE
COMMUNITY BASED NEIGHBORHOOD ORGANIZATIONS,
AS APPROVED BY THE CITY COMMISSION, FOR THE
PURPOSE OF CONTINUING NEIGHBORHOOD ECONOMIC
DEVELOPMENT, SOCIAL SERVICES AND HOUSING
DEVELOPMENT PROGRAMS; ALLOCATING FUNDS
THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK
GRANT, HOME INVESTMENT PARTNERSHIP PROGRAMS
AND EMERGENCY SHELTER GRANT TO BE DISTRIBUTED
AS FOLLOWS: ECONOMIC DEVELOPMENT - $162,500;
SOCIAL SERVICES - $664,269.33; HOUSING
ADMINISTRATION - $210,000; AND TECHNICAL
ASSISTANCE/CAPACITY BUILDING - $112,500..
(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.
44 June 22, 1999
15. (A) COMMENTS BY MEMBERS OF CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD REGARDING FIVE YEAR CONSOLIDATED PLAN
(B) FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUNDS AND
APPROPRIATE FUNDS: COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY-
FIFTH YEAR) - $12,731,000 AND $3,500,000 OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR A TOTAL APPROPRIATION OF',
$16,231,000 CDBG FUNDS; HOME INVESTMENT PARTNERSHIP (HOME) - $4,881,000;
EMERGENCY SHELTER GRANT (ESG) - $452,000, AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) $8,418.000.
(C) MANAGER TO WORK WITH COMMUNITY BASED ORGANIZATIONS IN',
PLANNING LONG TERM FACADE PROGRAM — REQUEST STATUS REPORT ON FACADE'
Chairman Plummer: Item 8. Item 8 is also a public hearing, and this is to establish four new revenue funds
from the Community Development Block Grant.
Commissioner Regalado: I'll move it.
Commissioner Sanchez: Second.
Chairman Plummer: For the amount of twelve million seven hundred thirty-one dollars ($12,000,731) and
three million five hundred thousand of Community Development Block Grant. It also includes
appropriations for Housing and Urban Development, HOME Investment Partnerships, Emergency Shelter
Grants, Housing Opportunity for Persons with AIDS (Acquired Immune Deficiency Syndrome). Moved by
Sanchez. Seconded by Regalado. Anyone -- this is a public hearing -- wishing to speak to Item Number 8?
Commissioner Regalado: I am.
Chairman Plummer: All right. We have -- hold on. Let's see if we can't try to get Commissioner Teele,
please, before we do anything else. Yes, ma'am. Your name, mailing address and do you represent an
organization, so indicate.
Ms. Wanda Ferguson: My name is Wanda Ferguson. My address is 1115 Northwest 50th Street and I'm
just here as a citizen.
Chairman Plummer: Very fine. You have two minutes.
Ms. Ferguson: I'm here to support this item with an amendment, that you allocate an additional two million
dollars ($2,000,000) for Economic Development And Housing. Thank you.
Chairman Plummer: Excuse me. Economic Development and housing?
Ms. Ferguson: And housing.
Chairman Plummer: Oh, and housing. Two million for -- one for each, is that what you're...
Ms. Ferguson: That's correct.
45 June 22, 1999
Chairman Plummer: OK. Thank you. We will take that into consideration. is there anyone else that
wishes to speak to the issue? Mr. Flick? Jery, give us your name, address, and who you represent.
Mr. Jerry Flick: OK. Jerry Flick, Flick investment, 20 -- my address is 2901 South Bayshore Drive, Miami,
Florida. i've been attempting to build single family homes in the target areas in the City of Miami and have
had a great deal of problems, but a week ago I read the HUD (Department of Housing and Urban
Development) audit that was made, which was quite a disaster. Last night I read the plan that you have here
for your Five -Year Plan. The Plan does outline the problems of the City and is excellent in all its statistics
and the funds available. There was a great deal of work in it. It's a masterpiece. It's an excellent report.
However, I do not see anything -- I assume, this hopefully will be phase one out of two phases. It does not
approach how this is going to be implemented. It's a report on the conditions of the City and the needs of
the City. However, it doesn't say how are you going to spend this money. What is the procedure. How is
your City housing office structured. It does mention it's being restructured. This has to be approached
because this has been a problem, which is outlined in your HUD audit. There is no protection on this plan
to not have a reoccurrence of what happened in that HUD audit. Example, you had problems in servicing
the mortgages. It did not foreclose. You let the property go for some time without foreclosure. There's
nothing about servicing in this, which should be mentioned in this, to offset your problems with HUD. Next
problem that you have -- I see two more problems. One is that it doesn't mention that flow are these people
going to afford houses in this area? These areas consist of people -- I forgot the exact number but 1 think it's
around eighteen thousand average income. How are they going to accumulate the two and a half percent
down payment?
Ms. Warren: Sir, you're speaking to the next item.
Mr. Flick: OK.
Ms. Gwendolyn Warren (Director, Community Development): This is the appropriations item. Number 8A
is...
Chairman Plummer: Let him finish now because I'm about ready to chomp down on him. He's got about 30
seconds and, then, we're going to move on.
Mr. Flick: All right. There has to be provisions for people that can make reasonable down payment based
on their income. The other thing that this report mentions is the free lots. This 1 object to because, when
you give a free lot, the house will sell for less money. However, if somebody wants to build a house next
door and lie does not get a free lot, then he has to pay another seven thousand or ten thousand dollars
($10,000) more and he cannot get the appraisal because he just had the comparable sale. Let me suggest
that the lots would not be given free but they'll be sold at the appraised value and the appropriate subsidy
then could be given to the individual buyer, which the bottom line still remains the same, but you're not
destroying your comparable sales. If you destroy your comparable sales, you're destroying the
neighborhood again. Thank you.
Chairman Plummer: Thank you, sir. Anyone else wish to speak on Item 8? Hearing none, it's an ordinance.
Mr. City Attorney, read the ordinance. Excuse me. Who moved it?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Moved by San...
46 June 22, 1999
Mr. Walter Foeman (City Clerk): Mr. Sanchez.
Commissioner Sanchez: He moved it. i seconded it.
Chairman Plummer: All right. Moved by Regalado. Seconded by Commissioner Sanchez. And
Commissioner Teele has the floor.
Commissioner Teele: This is an ordinance that has a second reading. i think -- you know, what's the time
line on this?
Ms. Warren: The...
Commissioner Teele: When does this ordinance need to be approved, by what date?
Ms. Warren: It's scheduled for your second meeting in July. This is accepting the funding. This is the
appropriations ordinance. The next item is the recommended use of the moneys, the plan, which is a
resolution.
Chairman Plummer: All right. Are we ready to read the ordinance?
Commissioner Regalado: I am.
Chairman Plummer: I'm waiting for Mr. Teele. He had the floor.
Commissioner Regalado: Oh, I'm sorry.
Commissioner Teele: This is an ordinance. It's going to have a second reading.
Ms. Warren: Yes.
Commissioner Teele: I would hope that there would be afforded an opportunity to have workshops with the
public on this. Have there been workshops on this and has the Community Development Advisory Board
passed a resolution in support of this?
Ms. Warren: The Community Development Advisory Board has had a hearing on what our anticipated use.
They have looked at the Five -Year Plan. They have adopted it unanimously and I think they're here to
support it today.
Chairman Plummer: All right.
Commissioner Sanchez: Well...
Chairman Plummer: Excuse me.
Ms. Warren: Is our chairperson here? Mr. McKnight is the chairperson of the Advisory Board. I think they
have reviewed the Five -Year Plan and all the recommendations and have been a part of the whole process.
Chairman Plummer: Very simple -- excuse me. A very simple yes or no. Have you adopted it
unanimously?
47 June 22, 1999
I
Mr. Irby McKnight: We're here today to support the Five -Year Plan.
Chairman Plummer: By Mr. Irby McKnight.
Mr. McKnight: We have adopted the Five -Year Plan.
Chairman Plummer: Did you adopt it?
Mr. McKnight: Yes, sir.
Chairman Plummer: Unanimously?
Mr. McKnight: Yes, sir.
Chairman Plummer: Thank you.
Commissioner Sanchez: Well, wait a minute, J.L. You've got some board members -- you've got some of
the members saying that they didn't, you know.
Chairman Plummer: I will let the other board members speak. Now, do you have anything else, Mr.
McKnight, you wish to add?
Mr. McKnight: No more than, for years, we, who have been on this board, have toiled to try to bring some
equity and some fair share of community development to all of our neighborhoods, with not much success.
We feel now that we're headed in a new direction, which is the right direction to go in. And at all of our
meetings we attended and listened attentively to the people who spoke to us from communities and they,
too, seem to be on the same track that we're on. We do support this Man and we...
Chairman Plummer: Thank you, sir.
Mr. McKnight: And we ask that you move favorably on it today.
Chairman Plummer: Mr. Cisneros.
Mr. Pablo Cisneros: It's Pablo Cisneros, 1420 Brickell Bay Drive. Commissioners, I think that there's some
misinformation here. I'm speaking as a member of the Community Development Agency board. There are
other members here. Our Chairman is here also. The Chairman has said that this -- the Board approve it.
Now, I was not present when that was approved and I don't think neither one of these members was present
when it was approved. What was given that Thursday by the Director of Community Development was a
number of views of what the Five -Year Plan is and some members of the board say they like it. Other
members said they would like to study it a little more and come back and make a determination. It was
never put to a vote, and I'm little bit upset that the Chairman is saying here on the record that it was
approved. It want to see the minutes, Mr. Fernandez, where that was brought to a vote. I want to know who
seconded it and who put it into a vote because, as far as I know, it was never done.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: In that this is an ordinance, I'm prepared to move forward but I want to say this. This
48 June 22, 1999
is a serious kind of statement that the gentleman's making and I'm going to ask the Clerk and the Attorney to
give us a report back on this at the next meeting. I want to see a copy of the minutes and the discussion
because, you know, we don't need boards that are going to be rubber stamp boards and we don't need boards
that are not going to work with the staff. We need boards that are going to be objective and I believe the
Chairman -- sir, sir? i believe the Chairman of the board, Mr. McKnight, he's a distinguished member of the
community that represents the district, that I am privileged to serve, but I want to make sure that we have a
record of this because, number one, it's a violation of the Federal Procedures not to have it gone before the
board and, number two, if we're going to be acting independent of the board, then we basically don't need a
board. So, the gentleman's request is noted and I'm going to ask the City Clerk -- are you all staff of the
board?
Mr. Foeman: No, we do not but we receive whatever minutes that they provide, as other boards would do.
Commissioner Teele: Well, I think you all ought to look at -- you know, particularly, in this Community
Development process because...
Commissioner Sanchez: It's unbelievable.
Commissioner Teele: I mean, I've got to say this. You know, the only discretionary money that the City
really has and the only way we can really deal with, other than basic services, is Community Development
and, you know, Mr. Clerk, you're an award winning City official, according to the "New Times" -- and I
support what Commissioner Sanchez said -- but let the say this. If there's any board you ought to be staff to,
other than the, you know, the official boards of the City, is this because it's just so much money tied up in
this and we don't need that kind of stuff being put on the record. It needs to be clear. it needs to be -- and I
don't know, Commissioner Gort, you've been at this longer than I have but I would hope that you would
agree that tiie Clerk ought to be the staff...
Vice Chairman Gort: This is a major decision and the program that makes the most impact into our
neighborhoods. I think this one, the one is that really have to maintain clear because, let's face it, we get
thirteen million dollars ($13,000,000) and we get a request for three hundred million dollars ($300,000,000).
There's no way we're going to please everyone, so we have to make sure that we keep nice and beautiful
records of everything that takes place.
Chairman Plummer: Mr. Ricker, try to be brief, please.
Ms. Eleanor Kluger: Yes. Eleanor Kluger. I happen to be a member of the board, have been a member of
the board. This is my third year. And for the three years that I have been on the board, i have wanted and
pushed for change. I have wanted you, the Commissioners, to come down and listen to it because you have
never shown your faces there, until this year that Ms. Warren has now provided one month of each of you
coming to our meetings. I was present at the meeting where this packet was presented. We read it. It is
something that the members of our board have wanted for all these years, even before I was on the board. It
is a first step. And I am sorry that Pablo misunderstands that there is working a draft, as far as we
understand it, that we will continue to revise it, to update it to make it fair, and to show improvement, which
is something we have not had in the years that I have been there because we might as well attended 20
meetings the last year and we might as well been talking to that blue wall because nobody was hearing us
and the community people that came before us, their voices were never heard. And why should any one of
my stature, or the stature of this board, sit there for 20 meetings, listening to the community, and having no
one that actually voted on that meeting -- on these dollars, do anything about it or hear any of it? In other
words, they did what -- then we had to come and lobby each and every one of you. So, what good was a
board? And what we're trying to do now is establish a board that is working for the community and that will
49 June 22, 1999
oversee -- we want our staff to oversee these agencies that get the money and make sure that they are doing
a proper job. And if they are not doing a proper job, then they are out and we will have some chance to
bring in people that will do it. And by your own admission, Commissioner Plummer, we have never been
able to bring in or you have not wanted new people to come in because there was not enough funding. But
if the funding is wasted, what good is it? And this plan is addressing what has been wrong for 24 years.
And this is what we're fighting for. And, like I say. Pablo, this is a working draft. This is not anything set in
stone, to my understanding. Gwen has promised us that we will have more meetings and more say-so.
Chairman Plummer: Thank you, ma'am.
Commissioner Teele: Mr. Chairman, for the record, I want to clarify. I think I'm saying the same thing Ms.
Kluger is saying. I'm relying, if -- I am relying on the fact in voting that the board has met on this and, as the
Chairman said, has approved it. And I'm going to be very disappointed if the board has not approved it
because -- and I believe the board has because I do think, inconsistent with what you just said, this
Commission, since we have been elected, since I have been here, has given great deference. The last time
they presented a plan, as you'll recall, I asked that it be deferred, it was a previous director, because you all
hadn't approved it and I maintained, very strongly, that it doesn't make sense to have a citizens' group if
you're not going to listen to them.
Chairman Plummer: All right. Ma'am, you feel you have to speak?
Ms. Susy Morales: I am a new -- I am a new board member, together with Eleanor and the other people.
Chairman Plummer: All right.
Ms. Morales: It just want to confirm that, yes...
Chairman Plummer: Your name, please.
Ms. Morales: Susy Morales, 2000 Northwest 8 Terrace. I just want to confrn that, yes, this is a working
draft. The only reason why it's being presented so that, in concept, it is approved so that we can move
forward and make the necessary changes and changes -- this is my first year and the horror stories that I
have heard -- this is what this is addressing, changes. Because in any new program, there's always conflicts
and problems because there are sacred cows here and there -- that want to be protected. So, please, approve
it so we can get on with the work. Thank you.
Chairman Plummer: Thank you. "Senora" Quintana.
Ms. Dorothy Quintana: My name is Dorothy Quintana from Wynwood. I'm only here to say thanks to this
lady here. She explain to us so clearly. If we didn't understand, then we shouldn't be on the board.
Chairman Plummer: Thank you, ma'am.
Ms. Quintana: Because she sits there and explain things to us explicitly that anybody -- nobody ever explain
to us. So, we understood and we know what she told us. If we didn't approve it, because we didn't
understand what she said. But she said it so plainly that any -- even a baby understood and I approve the
Plan.
Chairman Plummer: I hope, I think the last speaker.
50 June 22, 1999
Commissioner Teele: Roll call.
Ms. Helena Del Monte: My name is Helena Del Monte. And today i wear two hats. i am a City of Miami
resident and also a provider for an association serving adults with disabilities in the City of Miami. And I
also would like to commend the process of those that have been active in the process. However, I'm one
provider that makes it a point to be at each and every meeting. Barely do those meetings have a quorum.
Sometimes the quorums are reached in the middle of the meeting and there are a few chairs that are either
elected or appointed that are still vacant. So, 1, personally, think that, even though those that have
participated in the process are doing their best, it is not a true, true representative process from all districts.
And also, I don't see all of the providers there. i am wondering whether- they have been advised of meetings
and they just do not care or whether they have not been truly advised of the meetings? And, furthermost, if
this has been a true neighborhood initiative that started in the five districts and if we all communicated our
needs, I feel that we should be part also of giving our opinions on that draft. So, 1, personally, would like to
have a copy of that draft so that I can also study it before the next meeting when it will be passed. And,
again, I do commend all the individuals that have, you know, given their time for this process but it needs to
be done just a little bit better. Thank you for hearing me out.
Chairman Plummer: Thank you, ma'am. Sir, you wish to speak?
Mr. Al Hardemon: Yes.
Chairman Plummer: You have two minutes.
Mr. Hardemon: Good morning. My name is Al Hardemon. I'm the Chairman of the Model City
Administering Board.
Chairman Plummer: Absolutely. We're going to come back at two because we're just dragging all out here.
Mr. Hardemon: Well, I'm here to support this proposal and concept, but we also want to try to highlight
some of the realities if this does be approved by HUD. And what's at stake here is, all the districts benefited
from it and that's good because everyone wants to be included. Everyone wants to have a part. But we also
have a district that had been the weight bearer of this plan and that district include Model City. For years
people have been doing Economic Development or whatever, on the backs of Model City. Now, Model
City is ready and willing to participate in passing this ordinance or this proposal to USHUD, but we want
this board to understand that Model City must be included in the distribution of these funds, not just on an
equal basis anymore because, in the past, in Model City was subhuman conditions that exist today and that
will be taken up later. We really want this board to understand that for them to ask USHUD for these funds,
that it must show a more defined plan for the Model City area and place them up front because we
understand what the Federal forum for funding is. Model City must be in the plan and must be supported if
this should pass, and it should be able to pass.
Chairman Plummer: Thank you, sir.
Commissioner Regalado: Mr. Chairman, if I may?
Chairman Plummer: Mr. Teele. Mr. Regalado. Always, Commissioner first.
Commissioner Regalado: Yes. I don't know if we are going to vote right now, Mr. Chairman. As you
know, I have to go and do a program at noon but I just want to say that I...
51 June 22, 1999
Chairman Plummer: I'm ready to call the roll. I've just got one more speaker.
Commissioner Regalado: OK. I just want to say that I --we're voting this on first reading and I would like
to commend -- we have been talking about facades here, but I would like to commend most, if not all, the
different CBO's that have been doing facades because...
Chairman Plummer: Sir, out.
Commissioner Regalado: All of these CBO's have...
Chainnan Plummer: Bye-bye.
Commissioner Regalado: ...exceed their national objective and I believe that it's important that we realize
that we need to work with the CBO's, so they know the areas, so they know the neighborhood and I, for one,
am very proud of them. So, Mr. Chairman with that...
Chairman Plummer: Thank you, sir. Sir, as brief as you can be, please.
Mr. Ros Desroches: I'll be very quick, sir. I just -- my name is Ros Desroches and I work in the Child Care
Center, Notredame Child Care Center in Little Haiti. I just want to make sure I understand this. The twelve
million seven hundred and thirty-one thousand dollars ($12,731,000) for HOME investment, is that for
home improvement or to help increase home ownership?
Chairman Plummer: It's a combination of all.
Mr. Desroches: Combination of all?
Chairman Plummer: Yes, sir.
Mr. Desroches: Please, let it be known that the Little Haiti communities, we do have very poor people
there. In other words, we have low income people. Immigrants come into this country, they do not have
good credit history, which means that they are going to have problems right there on housing. So, I just
hope that special consideration can be given to these people, as far as the criteria by which that they are
going to be judged in order to help them get housing.
Chairman Plummer: Thank you, sir.
Mr. Desroches: Thank you very much.
Vice Chainnan Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: One of the things that I'd like to do, if possible, the Five -Year Plan, to have it
circulated around and make sure all the providers receive one. At the same time, I think it's very important
that all the neighborhoods understand how the funding are given to the City of Miami. According to the
charts created by you all, by the administration, which is a very good chart, it tells you percentage that HUD
believe that should be received by each one of the community and what they have actually received.
Because that's a misconcept that we have in all the neighborhoods. All the neighborhoods believe that
everybody else is taking their money. So, I think it's very important that we show that. Thank you.
52 June 22, 1999
Chairman Plummer: Moved by Mr. Gort. Seconded by Mr. Sanchez. Read the ordinance. All right. Call .
the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS AND
APPROPRIATING FUNDS AS HEREIN SPECIFIED: COMMUNITY
DEVELOPMENT BLOCK GRANT (TWENTY-FIFTH YEAR) -
$12,731,000 AND $3,500,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR A TOTAL APPROPRIATION OF $16,231,000 CDBG
FUNDS; HOME INVESTMENT PARTNERSHIP (HOME) 0
$4,881,000; EMERGENCY SHELTER GRANT (ESG) - $452,000;
AND DOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) - $8,418,000; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Chainnan Plummer: Item 8A.
Commissioner Regalado: Mr. Chainnan, if I may?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I just have to leave. But I'd like to introduce a motion regarding this issue that we
just voted on it. A motion directing the administration to continue to work with the CBO's and prepare us a
report about the facade program in the next years. Facade done by CBO's in terms of what they have done
and their plans in the future. My motion will be for the administration to work with the different CBO's in
planning a long-term facade program.
Chairman Plummer: OK.
53 June 22, 1999
Commissioner Teele: Second the notion.
Chairman Plummer: There's a motion made and duly seconded, and the Manager understand?
Mr. Warshaw: Yes, sir.
Commissioner Teele: With the understanding that, not only are we talking about what has been done but
also looking at the areas to look at what has not been done in those communities, particularly, Model Cities,
that have not had a facade program.
Vice Chairman Gort: Under discussion.
Chainnan Plummer: Under discussion. Mr. Gort.
Vice Chairman Gort: Commissioner Teele, one of the biggest problems that I found into the facade
program -- and not all have to be owned. They can be rented. And what we did in lot of the neighborhoods,
we used the program itself to leverage negotiations for the individual to get a better rent -- a better lease and
this is something that can be done. Now, what happens is, this progran-, is 70 percent by the -- is given by
the City and 30 percent is given by the merchant itself. A lot of time the merchants cannot get the lease and
cannot get the 30 percent and that's some of the things we need to work on.
Chairman Plummer: All right.
Commissioner Regalado: Call the roll.
Chairman Plummer: On the motion by Commissioner Regalado, All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-428
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO WORK WITH THE DIFFERENT COMMUNITY
BASED ORGANIZATIONS IN PLANNING A LONG TERM
FACADE PROGRAM; FURTHER DIRECTING THE
ADMINISTRATION TO PREPARE A REPORT ON THE FACADE
PROGRAM WHICH ALSO COVERS THOSE AREAS THAT HAVE
NOT IMPLEMENTED A FACADE PROGRAM.
54 June 22, 1999
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
16. AUTHORIZE SUBMITTAL OF FY 1999-2004 PROPOSED CONSOLIDATED PLAN, FOR
THE USE OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME
INVESTMENT PARTNERSHIPS (HOME), EMERGENCY SHELTER GRANT (ESG) AND
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD);
AUTHORIZE FUNDING CATEGORIES IN ACCORDANCE WITH THE ATTACHMENT TO
Chairman Plummer: Eight A.
Commissioner Teele: Mr. Chairman, on 8A. Mr. Chairman?
Chairman Plummer: Yes, sir. Mr. Teele.
Commissioner Teele: I would respectfully request that 8A be deferred to the second meeting in July, with
further instructions that a public hearing -- that all of the CBOs (community based organizations) that are
receiving funds receive a copy of the plan and that a hearing be held. I can tell you right now, if we're being
asked to approve this now...
Ms. Warren: No, you're not being asked to approve it. What you're being asked is, this is a public hearing.
By law, we're required to submit a Five -Year Plan to HUD (Department of Housing and Urban
Development) that incorporates our four funding sources, CD (Community Development), HOME, ESG
(Emergency Shelter Grant) and HOPWA (Housing for Opportunities for People with AIDS) is a new
administrative regulation. In order to do that, we must go through the planning and public hearing process
that the Commission participated in. We must develop a Five -Year planning strategy, which we have
submitted before you, which is a result of that eight months of work. It requires that we do a public notice,
which we have done, that the Commission conduct a public hearing; that there be two readings and that the
Plan be submitted to HUD 45 days before the new program year, which would be October 1. This is a first
reading. This is not the final reading. And it would be scheduled for a second reading...
Chairman Plummer: This is a resolution...
Ms. Warren: ...at your July meeting, that wil I provide...
Commissioner Teele: My understanding, Item 8A is a resolution.
55 June 22, 1999
Chairman Plummer: Resolution. it's not an ordinance.
Ms. Warren: it has...
Commissioner Teele: This is not -- and the resolution, that is Item 8A, that I'm acting upon, should be
deferred until we take it up for second reading, and we should be afforded the opportunity to review this in
detail, particularly with the CBOs that we're working with.
Ms. Warren: Again, my understanding is, is that there is both a resolution and an ordinance and the
resolution is that we do a first reading and schedule it for a second reading as a public hearing.
Commissioner Teele: No, sir.
Ms. Warren: No.
Mr. Alejandro Vilarello (City Attorney): The issue that the Director is trying to explain is that it requires
two public hearings. It's a resolution and -- but that requires two public hearings. This is the first of those
two public hearings.
Ms. Warren: Yes.
Chairman Plummer: Mr. Teele.
Ms. Warren: And requires a 30-day review under HUD.
Commissioner Teele: That's separate. So, that's a different understanding?
Ms. Warren: Yeah.
Commissioner Teele: So, I would support it for the second hearing.
Chairman Plummer: All right. Does anyone wishing to address Item 8A? Let the record reflect no one...
Commissioner Teele: But, Mr. -- then you need to correct the format of this resolution. Because this says,
"this resolution shall be effective immediately from adoption." This should say, this resolution will be
effective following a second hearing.
Commissioner Sanchez: Reading.
Mr. Vilarello: You're correct.
Chairman Plummer: So modified. Mr. Gort.
Vice Chairman Gort: My understanding is, in this Five -Year Plan, we're talking about general -- how the
funds should be used with the -- without going into specifics, which I think is very important for everybody
to understand that. All right.
Commissioner Teele: But I would also ask, as a follow -- a companion of this, that Commissioner Gort's
statement and the other statements that have been made, that each CBO be given a copy of this -- be mailed
56 June 22, 1999
a copy of this and that, you know, the public be put on notice where they could pick up copies of this so that
it's done in the spirit of openness so that everyone can participate.
Ms. Warren: Absolutely.
Chairman Plummer: All right.
Mr. Warshaw: Just for the record, this will be back at the second meeting in July.
Mr. Vilarello: And because it is a resolution, it can be changed at that time.
Ms. Warren: There are copies available and people have been notified.
Chainnan Plummer: Item SA.
Commissioner Teele: As amended.
Chairman Plummer: Is there a motion?
Commissioner Teele: I move it as amended.
Chairman Plummer: Moved by Teele.
Commissioner Sanchez: Second, as amended.
Chairman Plummer: Seconded by Sanchez. Any further discussion? Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Chainnan Plummer: Any opposition?
57 June 22, 1999
The following resolution was introduced by Commissioner "reele, who moved its adoption:
RESOLUTION NO. 99-429
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT A GRANT APPLICATION AND THE CITY OF MIAMI5S
FISCAL YEARS 1999-2004 PROPOSED CONSOLIDATED PLAN
("PLAN,") RECOMMENDING FUNDING PROJECTIONS FOR THE
CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"),
HOME INVESTMENT PARTNERSHIPS ("HOME"), EMERGENCY
SHELTER GRANT ("ESG") AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS ("HOPWA") PROGRAMS TO THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (US HUD); AUTHORIZING FUNDING
CATEGORIES IN ACCORDANCE WITH SAID PLAN, ATTACHED
HERETO AND INCORPORATED HEREIN; FURTHER
AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID
PLAN AND GRANTS BY US HUD, TO ACCEPT THE SAME AND
EXECUTE THE NECESSARY IMPLEMENTING AGREEMENTS
WITH US HUD, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; REQUIRING THAT APPROVALS AND
AUTHORIZATIONS SET FORTH HEREIN SHALL OCCUR ONLY
AFTER THE PUBLIC HEARING SCHEDULED FOR JULY 27, 1999.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
17. DISCUSS AND TABLE re POOR CONDITIONS OF HOUSING IN MODEL CITY (N.W. 15
AVENUE AND 59 THROUGH 62 STREETS) (See section #19)
Chairman Plummer: Mr. Manager, let me ask you on Pete Marwick Mitchell how long will that thing take?
Mr. Donald Warshaw (City Manager): Ten minutes, 15 minutes.
Chairman Plummer: You only got seven. You want to do it after lunch?
58 June 22, 1999
Commissioner Teele: Mr. Chairman?
Unidentified Speaker: We'll do it now.
Chairman Plummer: All right. Mr. Teele.
Commissioner Teele: Mr. Chairman, members of the Commission...
Chairman Plummer: Could we ask you, please, to exit quietly?
Commissioner Teele: We have a little bit of an embarrassing situation here. I'm advised that two persons,
Mr. Hardemon and Mr. Jones, have invited a number of people to come here. These people are here and
they all live on 61st Street. They're not on the agenda. I had -- there's been no coordination with my office
on it.
Chairman Plummer: Well, during lunch time, they can meet with the administration and...
Commissioner Teele: Well, what I was going to do is was ask, Mr. Manager...
Chairman Plummer: Mr. Manager.
Commissioner Teele: This is very important because all these people are here expecting to hear from us and
I don't know anything be about it. Mr. Leroy Jones and Mr. Hardemon, apparently, brought -- asked the
people to come down. They live...
Chairman Plummer: Well, they have no right to do that.
Commissioner Teele: ... on 61 st Street. They have every right to be here.
Chairman Plummer: Yeah.
Commissioner Teele: But I don't want them to think, J.L., that the Commission is being disrespectful of
them.
Chairman Plummer: Not at all.
Commissioner Teele: Because they have a right to be heard by us and we're getting ready to break. Now,
I' I I stay here as long as you want me to.
Chairman Plummer: But what -- I don't even know what their issue is.
Commissioner Teele: Well, that's the point. The point is is that they live in housing, city subsidized
housing, through Section 8, on 61 st Street and in that corridor. The housing conditions are deplorable. The
Manager has been there. I've been there. The staff was instructed to meet with the people and work out
something and, apparently, it's not worked out. So, Ms. Warren and Mr. Manager, whatever the Chairman
wants to �o, but I did not orchestrate this. I'm a I'll little bit embarrassed that these people are put in the
middle on this.
Chairman Plummer: Mr. Hardemon knows better.
59 June 22, 1999
Ms. Gwendolyn Warren (Director, Community Development): There is an item on Section 8 in here.
Commissioner Teele: Which item is that?
Mr. Alejandro Vilarello (City Attorney): Twenty-six. Item 26 has to do...
Ms. Warren: Twenty-six.
Mr. Donald Warshaw (City Manager): I think it's Item 26.
Chairman Plummer: You don't even have a...
Commissioner Teele: Has to do with what?
Ms. Warren: It's not a Section 8 item, which City for buildings located in the Miami Limited One
property...
Chairman Plummer: All right, all right. Hold it right now. Let's understand where we're going. Pete
Marwick Mitchell is put off until the afternoon.
Commissioner Teele: Mr. Chairman, I would ask that Manager and the staff..
Chairman Plummer: Meet with these people.
Commissioner Teele: ...stay here and meet with these people. I will stay here and meet.
Ms. Warren: I didn't know they would be here.
Commissioner Teele: But this item will not come up before four o'clock today, if -- the way it's structured.
Chairman Plummer: No, I've got five minutes.
Ms. Warren: I didn't know they were going to be here either.
Chairman Plummer: I don't even have a quorum, Mr. Manager. Now, you know, Mr. Hardemon and Mr.
Jones...
Ms. Warren: I don't know how...
Chairman Plummer: ...I hope you will never embarrass these people again by bringing them down here,
without knowledge of what's going on. I don't think you have the right to invite these people to this City
Commission. There is a proper procedure. You write the Agenda Clerk for a discussion item and you will
be heard. Whoever invited these people down here should have never done that.
Mr. Leroy Jones: I don't think that's fair, Mr. Plummer. Because they got the right to come down here
anytime they get ready.
Chairman Plummer: They have every right in the world...
Mr. Jones: So, I don't think they have the right to...
60 June 22, 1999
Chairman Plummer: Sir...
Mr. Jones: ...for them to come down here, Mr. Plummer. That's unfair. That's unfair for you to say that to
me.
Chairman Plummer: Sir, they have every right in the world, under a process.
Mr. Jones: To come down here.
Chairman Plummer: That process is simple. That process is, you write, like everyone else...
Mr. Jones: Mr. Plummer?
Chairman Plummer: ...you ask to be on an agenda...
Mr. Jones: Mr. Plummer?
Chairman Plummer: ... and you will be afforded that opportunity.
Mr. Jones: They don't have to go through the process just to come down here.
Chainnan Plummer: That's not the process, sir. The process...
Mr. Jones: It's no process for them to come down here. They are citizens of the City of Miami, so they
don't have to go through a process to come and sit down here.
Chairman Plummer: Oh, they could sit here.
Mr. Jones: So, that's wrong.
Chairman Plummer: Oh, oh. Excuse me.
Mr. Jones: Well, that's what I'm saying that, Mr. Plummer. That's wrong for you to say that to me.
Chairman Plummer: If all they're here for is just to sit here as a spectator, I have no problem.
Mr. Jones: But, nah, the), don't have -- not just as a spectator, but...
Commissioner Teele: Mr. Chainnan?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Sir, Mr. Teele has the floor.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Of course they do. Mr. Teele, please, before we break.
61 June 22, 1999
Commissioner Teele: Mr. Chairman, Mr. Hardemon -- Mr. Jones is right in what he is saying, that you don't
need to get permission to come to City Hall.
Chairman Plummer: Absolutely. Anybody can.
Commissioner Teele: What Commissioner Plummer is saying and what I agree with is this, there's a way to
do things so that you're not embarrassed and we're not embarrassed.
Chairman Plummer: Absolutely.
Commissioner Teele: By you -- everybody in this City knows, if you have a television and you watch, this
Commission breaks at 12 o'clock, OK?
Chairman Plummer: That's correct.
Commissioner Teele: Now, for people to come here at 12 o'clock or 11:45, and see the Commission
walking away, it looks disrespectful to you. But that's not what has -- nobody wants to disrespect you. If
you're coming here on a project that you know is Number 25, 26, everybody in this City knows, you come
here after 2 o'clock. And the only thing that Commissioner Plummer is saying, and I agree xvith, is that we
don't want to communicate to you that we're disrespecting you by getting up walking out because we've got
people who have jobs that they have to go to during noon.
Unidentified Speaker: They told us 10 o'clock.
Commissioner Teele: But no one should have told you 10 o'clock. And all I'm saying, Mr. Chainnan, is
that I think the appropriate thing -- we don't have quorum.
Chairman Plummer: Who told you?
Commissioner Teele: Mr. Chairman?
Evangelist Lee Variety: Excuse me, sir.
Chairman Plummer: All right, all right. Hold on.
Commissioner Teele: We don't have a quorum. I think the appropriate thing is for the Manager to have a
meeting right now.
Chainnan Plummer: Absolutely.
Commissioner Teele: If it's convenient for the Manager and his staff. I will stay here and any other
Commissioner that has the time will stay here, and we'll listen to it and, then, we'll try to bring up at 2
o'clock as the first item, with your permission, Mr. Chairman.
Evangelist Variety: Excuse me, sir. May I just have one word without being out of line?
Chairman Plummer: Sir, excuse me. Mr. Teele has laid a predicate, which the Chainnan accepts. We will
be breaking now and will be back at 2 o'clock. I strongly suggest, whatever your item is that you're here for,
that you meet now during the break with the Manager for the purposes of bringing it back to be understood
62 June 22, 1999
at 2 o'clock. I apologize for whoever told you to be here at 10 o'clock. it was wrong. it should not have
been done. And we will address your issue. I'm told -- we believe that it's Item 26.
Evangelist Variety: Yes, sir.
Chairman Plummer: And as such. sir, we will be taking that up after 2 o'clock.
Evangelist Variety: Yes. But, sir, all I wanted to do was just apologize to you.
Chairman Plummer: Let me also announce that the request of the Upper Eastside, to my colleagues, Item
Number 14, has been requested that it also be after 4 o'clock and, at the request of Commissioner Teele, the
Model Cities NET (Neighborhood Enhancement Team) area will be after 3 o'clock. That's this afternoon.
Now, sir, if you have a brief statement to make, then we're going to break.
Evangelist Variety: Yes, sir. First of all, I'm Evangelist Lee Variety. And 1 want -- I came along with these
residents and I wanted to apologize to you...
Chairman Plummer: Excuse me. Can somebody go out into the outside and ask the courtesy be given to the
speaker. Officer, if you'd ask -- please, go out. I think we all should have the opportunity to hear the
gentleman at the podium. Yes, sir.
Evangelist Variety: Thank you, sir. Yes, Mr. Plummer. I just would like, first of all, like to apologize to
the Commissioners and to the staff for the entrance that -- which was made by the residents, but we did meet
with your staff last night, and I want you to know that this wasn't haphazard. I would like to clarify the fact
that we met for two or three hours. We met over a week ago. We were supposed to meet with City
Manager Warshaw as well as we met with Mr. Hepburn, who's with the Housing Department.
Chairman Plummer: Did he tell you to be here at 10 o'clock?
Evangelist Variety: And your inspectors, and some other persons that go through the houses. We met last
night. I have this card here and I wanted to submit it to you so you'll know that we're not just running in
here like someone that's not concerned about respecting you because that is not the situation. We are very
respectful. We would like the same respect from you, as well.
Chairman Plummer: Absolutely.
Evangelist Variety: And that we can resolve this matter and we can do it in a very respectful way.
(applause).
Chairman Plummer: Absolutely, absolutely. All right. Mr. Manager, who are you going to designate to
meet with these people so that we can come back at 2 o'clock and address the issue in a proper fashion?
Evangelist Variety: May I suggest one thing? I'm very, very familiar with the Manager. I would prefer Mr.
Warshaw, if he would do that? I mean, out of respect. I've helped with Mr. Warshaw with some of his
programs when he was Chief of Police. He knows me well.
Chairman Plummer: All right, sir. It's his prerogative, if he wishes. Mr. Warshaw.
Mr. Warshaw: I'm going to stay here.
63 June 22, 1999
Chairman Plummer: All right. (Applause) All right.
Mr. Warshaw: And the staff of Community Development, Ms. Warren, and her staff will be here, so we'll...
Chairman Plummer: All right. This Commission...
Mr. Warshaw: ...meet them right here.
Chairman Plummer: This Commission is in adjournment until 2 o'clock. We will be returning at two...
Evangelist Variety: Hello?
Chairman Plummer: ...and that is -- yes, sir.
Evangelist Variety: But the people was requesting that they wouldn't mind waiting to speak to the
Commissioners, since you would have the final say at 2 o'clock.
Chairman Plummer: That will be fine, sir.
Evangelist Variety: And that would be very in order.
Chairman Plummer: Absolutely. No problem, at all.
Evangelist Variety: Thank you. God bless you.
Chainnan Plummer: Sure. (Applause)
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:03 P.M. AND RECONVENED
AT 2:00 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
Chairman Plummer: All right. To my colleagues, prior to starting of the meeting, it is my understanding
that, on a zoning item -- Mr. Sanchez and to my colleagues, I'm referring to the last item of 2101 Brickell
Avenue. The reason I ask that the TV be on, so that people who might be watching will know that this
matter is going to be deferred at both the request of the applicant and the opposition. I'll make this
announcement again, but if anybody is watching the television that would be interested in Item 15 on
Planning and Zoning, it will be at the time of the request of the applicant and the objector for a continuance
until July 22. So, I just want to say that, if I can stop anybody from coming down here and wasting their
time, I'll make the announcement again. What?
Ms. Vicky Garcia -Toledo: July 27th.
Chairman Plummer: I'm sorry. I stand corrected. It's July the 27th.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele, you have the floor.
Commissioner Teele: It's 1:59. The meeting, I know, doesn't start until two. What I'd like to do is to
complete the item that was next, which is the Pete Marwick item. That should only take two minutes. And,
then, we have a number of people that are here that met with the Manager. We'll get into that, but we're
64 June 22, 1999
going to -- we have an agreement that they'll be two or three speakers from the group and one spokesperson,
and then we would like to have a series of resolutions. But i think, in fairness to the Commission, it should
be stated that the residents in the Model Cities area on 61 st Street that are here, understood that the
Commission normally breaks at noon and I think it's fair to say nobody took offense, and we took good use
of the time to sort of iron out some of the problems. So, i just wanted my colleagues to know...
Chairman Plummer: Thank you, sir.
Commissioner Teele: ...that everybody's here in that spirit of working it out.
Chairman Plummer: Glad to hear it. Once again, let me make an announcement to anyone on PZ-15.
That's a zoning item of this afternoon. At the request of both the applicant and the objectors, it will be
continued until July the 27th. I'd ask my staff, please, to call Torrey Jacobs and any other parties that are
involved and so notify them by phone.
18. PERSONAL APPEARANCE: JOSE RODRIGUEZ FROM KPMG, LLP re
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING SEPTEMBER
30 1998.
Chairman Plummer: All right. item Number 9. Again, we'd ask all of you, please, to come in. There's no
extra charge for a seat and, up in the front pew, you don't have to donate any more than you do in the back
pew.
Commissioner Teele: Mr. Chairman, it's my understanding, just so that the public knows, that this item is
only going to take about three to five minutes, OK? So, just...
Chairman Plummer: God willing and devil don't care. From your mouth to God's ears. All right. Item
Number 9.
Ms. Bertha Henry: This is Bertha Henry, Assistant City Manager. I'd like to introduce to you -- and may
have some comments to make -- our External Auditors from KPMG. I have with me today Jose Rodriguez
and Donnovan McGiliis, and we'll start with Jose.
Mr. Jose Rodriguez: Thank you very much. My name is Jose Rodriguez and I was a partner in charge of
the audit for the City. I just wanted to go over a couple of brief comments, specifically, our responsibilities
to this Commission for the conduct of that audit. One, under generally accepted auditing standards, we have
the responsibility for expressing an opinion on the general purpose financial statements of the City for the
year ended June 30, 19 -- I'm sorry. September 30, 1998. We've done that and we've expressed that
opinion. In expressing that opinion, we had to assess tile...
Chairman Plummer: Excuse me, excuse me. I think it's only right you put that opinion on the record.
Mr. Rodriguez: OK. We have expressed an unqualified opinion, which contains an explanatory paragraph
just emphasizing the fact that you have an Oversight Board. But, otherwise, it is a clean opinion,
Commissioner.
Chairman Plummer: Well, I mean, we know we have an Oversight Board, but what is your opinion of the
financial condition or the status of the City. Isn't that in your opinion?
65 June 22, 1999
Mr. Rodriguez: Yes, it is, sir. The financial condition -- the financial statements, as presented by
management of the City, are fairly stable.
Chairman Plummer: Fairly stable?
Mr. Rodriguez: Yes, sir.
Chairman Plummer: OK. I guess we can accept that. i would hope you would have gone more into depth,
but I'll accept that for the time being.
Mr. Rodriguez: And I will.
Chairman Plummer: OK.
Mr. Donald Warshaw (City Manager): He's going to.
Mr. Rodriguez: In coming up with that opinion, we had to assess whether -- what the likelihood of material
misstatement, whether intentional or unintentional, and we had to design our audit in accordance. We have
done that. Our audit provides reasonable assurance, not absolute, that the financial statements are fairly
stated. We've also considered the internal controls with respect to the City's finances and how the financial
statements are prepared. We have issued a management letter to that effect. 'There are normally three types
of comments that can be derived in that management letter. One is a material weakness. One is a reportable
condition. And the least in significance is just other comments. This year we have no material weaknesses,
nor reportable conditions to report on this year's audit, which is contrary to what has happened in the past.
We had eight new comments compared to 30 some odd two years ago, and 9 or 10 the year before. New
management has done an excellent job in this year's internal controls and in clearing prior year comments.
We also issued what is commonly referred to as a Single Audit Opinion, which is for your grants, and that
also was an unqualified opinion. With respect to changes in accounting policies. You only had one change
this year, and that was the adoption of a new standard that was required to be adopted by the City and, that
is, the way it reported as investments. As far as significant audit adjustments that we had to make to the
books and records that were presented by management, we had no audit adjustments this year. We did look
at significant transactions, specifically on the sell of certain assets of the City, which generated one-time
revenue, and those are disclosed in Note 4 of the financial statements. We spent a considerable amount of
time looking at management's estimates, particularly your liability for Risk Management and your
uncompensated balances. Both numbers are significant numbers on your balance sheets that are currently
unfunded. With respect to, if we were to have any disagreements with management on accounting policies
or judgments or anything of that nature, I had a responsibility to come in front of this board and advise you
of them. We had none -- no disagreements with management. Had we encountered any difficulties in the
performing of the audit, I also had that responsibility to inform you. Let me tell you that this year we,
absolutely, had no difficulties or the audit went very smooth. As a matter of fact, you should take great
pride in the fact that your financial statements and the annual report was prepared with little assistance, if
any, from my staff. Also, the timing of your financial statement was greatly improved. Had it not been for a
last moment technical pronouncement by the Governmental Accounting Standards Boards, your financial
statements would have been issued in March versus April. Also, this year, for the first time, we were
provided with monthly, financial statements of the City, which, in the three years that I've been associated
with the City, I have not seen, and that really is indicative of the caliber of the Finance Director, and her
staff, that have been in place in this current year.
Chairman Plummer: The question I have.
66 June 22, 1999
Mr. Rodriguez: Yes, sir.
Chainnan Plummer: If 1 may. Did you issue a management letter?
Rodriguez: Yes, i did, sir.
Chairman Plummer: Did we see a copy of it?
Mr. Rodriguez: Yes, sir. It was -- a copy was sent to each Commissioner.
Chainnan Plummer: All right. Then, I've misplaced it. My question has to be that, I would assume it's
extremely difficult -- it's seven -- almost seven months since we closed the year. it seems like to me that
there ought to be a way, Mr. Manager, that that could be expedited. If we are trying to base our future on
what happened the year previously, seven months, we're almost finished with the new year. I mean, we're
more than halfway through. And, in my opinion, it's very valuable information to know how we came out to
know how Nve're going to go this year. So, I don't know what it's going to take, Mr. Manager.
Mr. Warshaw: We can answer it.
Chairman Plummer: All right.
Ms. Julie Weatlherholtz: I'm Julie Weatherholtz, Finance Director. And, certainly, I agree with your
comment, wholeheartedly, and the schedule that we have for this year is to bring interim audit in during the
months of July and August. That way they can come in, do a lot of their testing prior to the year closing.
Then, we'd like to see our auditors come back and complete the audit and issue the report by the end of
December. We feel that now, with a full staff and having the staff on for the entire Finance Department
staff onboard for, at least, this past six months, that we should have no problem in preparing that report and
getting it issued by the end of December, first Commission meeting in January. In addition to that, we are
preparing the monthly financial reports now, which, by doing that on a monthly basis, just enhances our
ability to produce it at year-end.
Chairman Plummer: OK. The same question I ask at all times, and I'll ask again this year, are there any red
flags flying that this Commission should need to address its attention to?
Mr. Rodriguez: Yes, there are, Commissioner. in Note 4 of the Financial Statements, you have significant
fund balances compared to prior year. That increase in fund balance was due to one-time sales of property,
OK, which is something that the Commission needs to keep in mind.
Chainnan Plummer: Don't be misled.
Mr. Rodriguez: Right. Other -- another thing to consider is that, the general long-term debt, you have
approximately a hundred ten million dollars ($110,000,000) of unfunded liabilities for risk management and
compensated absences. So, those are...
Chairman Plummer: Did you evaluate the unfunded liabilities?
Mr. Rodriguez: Yes, sir.
Chairman Plummer: Because, as I used to go through them when I would make the loan from the Sunshine
Loan Company just to put into tlhe reserves, a great deal of those are really not significant. Their letters that
67 June 22, 1999
we received that really, in fact, never come to reality. It either settle out or whatever. Did you go through
and try to do an analysis on the unfunded liabilities outstanding?
Mr. Rodriguez: Yes, we did, Commissioner. And, as a matter of fact, the City has employed actuaries, also,
to look at that unfunded liability.
Chairman Plummer: And, then, I guess have to ask the City. Is it about normal, about 50 percent is about
what really is reality?
Mr. Warshaw: Less.
Ms. Bertha Henry: Bertha Henry. It's difficult to say...
Chairman Plummer: Oh, I understand. Because you never know until you go to court or you go to trial.
But, I mean, from what you've looked at and what you've seen, and now that I'm being told that we have a
company who's coming in and doing evaluations, have they came -- come back to you or to us to say to us,
"hey, a hundred and ten million dollars ($110,000,000) is liable, is reality, or is it high?" I mean, I think we
need to know that.
Ms. Henry: Right now, if I have to give you the technical answer, it is, we -- that's the liability that's
booked. But, quite frankly, as I looked -- you know, as I look at the numbers and I think that they are high.
Whether they're substantially high or what degree, that's difficult to say at this time. But, as you've noted,
that we have spent on the last four or five months reducing the number of open claims, for example, and
worker's compensation. As those claims are closed, that brings down our unfunded liability.
Chairman Plummer: Other questions of the Commission? Mr. Gort.
Vice Chairman Gort: My understanding, what I've read -- and correct me if I'm wrong -- the -- you also did
an audit of all the grants that we have received and we are in compliance with the grants that we have
received?
Mr. Rodriguez: We had a couple of findings, which were reported in your single audit, most having to do
with subrecipient monitoring. In other words, from the folks that you lent money to or give out money,
making sure that they provide you with all the appropriate reports and audit reports and things of that nature.
Chairman Plummer: Anyone else?
Vice Chairman Gort: Thank you.
Mr. Warshaw: I'd like to make a comment.
Chairman Plummer: All right. Mr...
Commissioner Teele: Mr. Chairman, before you do.
Chainnan Plummer: Mr. Teele.
Commissioner Teele: I think it's important what the Manager -- I mean, what the Director -- what the
consultants are not saying and, that is, that we made a lot of progress. They are being very cautious and, I
think, given our posture in court, every accountant that we deal with in the future is going to be extremely
68 June 22, 1999
cautious. But if this were a different era, he would be issuing glowing statements, big smiles, big hugs and
kisses. This is a very good report and that should not minimize, particularly, by the Finance Director and
the Manager. And while they may not be prepared to say things are looking rosie and things are looking
great and this is a lot of improvement, I think what they -- the things that they didn't say, say that for us.
And, so, I just want to express my appreciation to the finance staff and the director and the Assistant
Manager and the Manager because we've come a long way. Thank you very much.
Chairman Plummer: OK. Anyone? Mr. Gort? Mr. Warshaw.
Mr. Warshaw: Just one comment, as it relates to reserves. While it's true, three years ago our budget was
very dependent upon those one-time land sales last year and, again, in this year's budget, the commitment to
dedicated, funds reserves, you know, for two consecutive years -- and you'll see it in this year's budget as
well -- overtime will continue to grow those reserves to the point where, you know, we'll have a reserve that
we can really feel comfortable with.
Chairman Plummer: Mr. Manager, we're not going to compliment you on what you've done, but we're going
to compliment you on the people that you have selected to do the work, and they've done a great job.
Mr. Warshaw: I accept that.
Chairman Plummer: Is any action required of this board? No? No action required. All right. We're now
on...
19. DISCUSS HOUSING RELOCATION / HEALTH / PUBLIC SAFETY NEEDS OF SECTION 8
RESIDENTS IN THE MODEL CITY AREA IN THE VICINITY OF 15Tiu AVENUE AND 59T"-62ND
STREETS.
Chairman Plummer: We're now on -- Mr. Teele?
Commissioner Teele: Mr. Chairman, thank you very much. Mr. Chairman, members of the Commission,
before we broke for lunch, a number of people came here. It should be noted that there is an Item Number
26 on the agenda, which many of the residents were of the understanding relates to their situation. They are
right, that Item 26 relates to your situation, but we did not intend to deal with your situation as Item Number
26. However, you're here. You have every right to be here and you demand to be heard, which is also your
right. So, we're going to deal with your situation, not as item 26, but with -- being in mind that Item 26 is on
the agenda and immediately following this, I would ask the Chairman's permission to take up Item Number
26, properly. Mr. Chairman, there are a number of problems in the area and just so that it's very clear, this
relates to a -- to contracts, Section 8 contracts, that go back well over 10 years in the Liberty City area. You
may recall, we've gone through, at least, three or four different iterations of this. At one point, I think, the
Urban League was brought in. At one point we'd corridored off the entire area, some six blocks. Those
things -- the corridoring off did not work. I asked the people, many of them today, do you want us to see us
go back to that? It didn't work. The problem is a very, very real problem. And there may be some emotions
expressed here today. I would ask my colleagues and the Press to understand that these are very real
problems and these problems are emotional. It is impossible for anyone to go to these residences,
City -owned -- I'm sorry, City sponsored but privately owned residences and not be emotional. You're going
to hear about maggots. You're going to hear about rats biting children. In one case, a rat bit a child. We
documented it. And three months later, a scorpion bit the same child. This is City of Miami financed
activities. The Manager has recognized this problem. You'll recall in May, the Mayor, the Manager, the
Police Chief, and a number of us went over. We met with many of the same people. It was widely reported
69 June 22, 1999
in "The Herald." Judge Peterson, as you'll recall, was a part of this. We made certain promises. The
problem is this, the process works very slowly. The County had the identical situation right in the same
area. All of the people that were in the County buildings are gone because the County has public housing.
They have 10 times the number of Section 8 vouchers that we have, so they had the flexibility. The
Manager has done what he is charged with doing. He's gone to Washington. He's written a letter, in
writing, asking for a special dispensation in vouchers so that everybody in the City's financed Section 8, in
the 62nd -- 61st Street area can be relocated. And I want to be very clear. The resolution that I'm going to
offer at the conclusion of this, is that this Commission confirms that it is our desire that every single person
be relocated with a Section 8 voucher at the appropriate time. What I'd like to do, Mr. Chairman, with your
permission, is allow Mr. Hardemon or Mr. Variety, who is responsible for bringing these fine people down,
to give us a word or two, allow no more than three speakers to -- allow three speakers. if you need more,
we'll ask more from the Chairman. But the fact of the matter is, most of these things that people are going to
say, there's not going to be a disagreement from staff or from the Management or from my office as a district
Commissioner. Major Darling is here, the Major. in the NET (Neighborhood Enhancement Team), the
NET administrator, Ms. Cooper is also here. Where is Ms. Cooper? She's standing outside. And the entire
City structure is here. So, I want you to know that you're getting -- there's Ms. Cooper, the NET
administrator. And Ms. Cooper's name was brought up this morning and i think the Manager is going to
have a solution for all of this. So, what we want to do, with your permission, Mr. Chairman, is allow Mr.
Variety to just give us an introduction. Mr. Variety, if you could limit it to three people, but if you need
more, we'll ask the Chairman to grant more.
Chairman Plummer: Let me ask. Is three minutes ample for each speaker?
Mr. Evangelist Lee Variety: Yes.
Chairman Plummer: OK. So granted. And I would ask you to start off by giving your name and mailing
address and proceed.
Ms. Cassandra Jackson: Hello, fellow citizens, everybody in their perspective place. My name is Cassandra
Jackson.
Chairman Plummer: Your name and mailing address, please.
Ms. Jackson: My address is 1370 Northwest 61st Street, Apartment 22, Miami, Florida 33142.
Chairman Plummer: OK.
Ms. Jackson: We came here today to express our needs and our wants and we appreciate you all hearing us
out and accepting us here as a community. We came because we have problems with our water. We have
problems with our structure in our building. We have problems with where our children play. We have
problems with our community. What's going on there is -- it's subhuman and we're not subhumans. We're
human beings. We're people with feelings and where we live at is just --it's not fair for LIs to be there under
the conditions that we are there under. The maintenance men, they come. They come and they don't fix --
they fix it. They patch it and within two or three months later, it falls apart and, then, they blame it on us
and our kids tearing it up, but they're not even fixing it properly. Half of the times they come, they are high.
They are on little drugs or whatever, and we have to deal with that. My baby was the baby that was bitten
by the rat. At six months old, she had milk spill out of her mouth. I have holes in my ceiling. I have holes
in my floor from the rats. I asked them to come fix it. They didn't. But as soon as my baby was bitten, they
jumped right on it. After that, they came. One of the pipes in the walls bust. They came. They open up my
wall in the bathroom. For three months it stayed like that. I called them almost every day. Please, come fix
70 June 22, 1999
this. Lizards, snakes, scorpions, everything coming out of there. They didn't come fix it but when she got
bit by the scorpion, they came and fixed it. They came and patched it. My tub is falling in on the girl under
me. We shouldn't be forced to live like that. Somebody should be able to do somethinU. We're coming to
you for help. I know my time is up and i want to thank you for hearing us. (applause)
Chairman Plummer: If you would, please, your name and mailing address.
Ms. Cynteria Frederick: Cynteria Frederick.
Chainnan Plummer: You can pull the microphone down.
Ms. Frederick: My mailing address is 1501 Northwest 59th Street and I stay on apartment 17, on the third
floor. 1 have been over there for about 1 I years now and I've been in a one -bedroom apartment for 10 years
with a 10 year old, a two year old, and I just had a three month year old. I do work at Comstock Elementary.
The majority of the ladies in the apartment complex do have a job. We do go to work every day. The
problem is with the -- what's around us and what we have to deal with when we come home. We can't get
inside our apartments because of the loitering and because they are selling drugs in front. The kids are not
allowed to play outside. Father's Day, we had a double homicide right in front of the building, on Father's
Day, right after Father's Day, about 12 o'clock, and the body laid out in front of the building for -- to 7
o'clock the next morning. When our kids got up, he was still laying there in the puddle of his blood. And
his sister stays in the building and the kids know him; they love him, and they -- to see him laying there dead
-- and the police wouldn't even cover him up. Our kids are so afraid. The guns were so loud until -- I mean,
it woke up the whole block over and the block over. We started the meetings about the complaints, 1501
and 61 st Street, and it's been ongoing with all of the meetings. So far, just the other residents underneath the
County got the vouchers. We are still trying to fight to get out of that unit. I really appreciate it if someone
would listen to us and would come out and just help us. We're to the place now, we don't want to hear about
"they're going to repair it" or "they're going to fix it" because that building is gone. We need to get out now.
And we're hoping that someone would hear us and help us. Thank you.
Chairman Plummer: Thank you, ma'am. (applause)
Ms. Karen Mosley: Hello. My name is Karen Mosley. I stay in six -- I stay on 1501 Northwest 59th Street,
Apartment 7. My complaint is not so much about the building conditions. My complaint is the area, the
crime, and the conditions that we have to live with every day. It's like -- just like the young lady just said,
Sunday night, Father's Day, it was a double homicide right in front of our face. I mean, they jumped out
with assault rifles. You know, how that makes us feel sitting there -- living there in an area like that, and we
got our kids? And one of the victims was my brother. I'm in fear of my life. I'm scared to go to sleep at
night. Last night, you know what I did? I put a board up against my window because I thought maybe they
were going to come back. My baby cries every night about my brother. I don't think nobody should have to
live like that. That is really ridiculous, you know. And we come here, you know, just to be heard. We don't
want, you know, nothing from you all. We just want our rights. You know what I'm saying? And I thank
you very much, Dr. Teele, for being on this seat because I think, if you wouldn't have been on this seat, we
would have been kicked out of here a long time ago. (applause)
Ms. Teresa James: My name is Teresa James. I stay in the 1320 building on 61 st, Apartment 24. What we
want now -- and this is a closing -- we don't want no more inspections. We don't want no more of Y'all
saying "Y'all going to do this and do that." We want answers and we want them now. We are sick and tired
of coming to these meetings saying what y'all going to do. We want to hear it now. We need answers now.
What Arthur Teele said before, we started this about a committee. Why can't you get some of the young
women, who's willing to go forth with this thing, to get us on a committee, try to help us, to help the tenants,
71 June 22, 1999
to try to get us out of this community because we're thinking about our kids. This is all we are asking you, is
to, please, help us. This is all we need from right now, today. This is it. I thank you for listening to us and I
appreciate what you are doing for letting us come out here and speak on our behalf, but we need answers
and we need them now. Thank you and you have a nice day.
Chairman Plummer: All right. Is that -- one more speaker. All right. One more, the last speaker, and, then,
we're going to get some answers, hopefully.
Ms. Angela Williams: Yes. My name is Angela Williams. i live at 1501 Northwest 59th Street, Apartment
5, Miami, Florida, OK. My complaint is, I'm in a two -bedroom with two kids, a boy and a girl, nine and six,
OK. My neighbor, Cynteria Frederick, live on the third floor, over me. I'm on the bottom floor. I'm
thinking it's her shower that's coming down on my kids every night. I just found out, it's her toilet water
that's coming through my bathroom when my kids take a bath. The tile done came off of the walls to where
centipedes and everything are coining out of the walls. They are still saying they are going to fix it. Ain't
no sense in fixing it. I want out. They got the double homicide. The guy died in my arms, OK. My kids
have to go to my mom's house since Sunday to spend the night because they are scared to stay at home and
it don't make no sense. They keep hollering they are going to fix this, they are going to do that, and we are
not seeing results. Yeah, they -- I give them their credit because they do have some good inspectors. The
inspectors have been coming out. The exterminator has been -- we haven't seen him in several months now,
but since he was coming, we haven't seen all this, the rats, the roaches. It don't make no sense. We don't
have to live like this, you know. Y'all go home every night to Tall houses and Tall all living comfortable,
but that's ail we ask for, is to live comfortable because I don't want nobody to take my dreams from my kids.
I have a daughter that wants to be a police officer. I have a son that wants to be a football player. You
know, I don't want their dreams took away from them. You know, I'm glad that Y'all hearing us and I hope
and appreciate that Y'all will do something for us.
Chairman Plummer: OK.
Ms. Williams: Thank you. (applause)
Mr. Variety: Mr. Plummer, I would just like to close this out properly, so we stay on the proper course. For
the record, I'm Evangelist Lee Variety, L.B. Variety. And I think that we need to stay focused on what we're
really here for. We're here -- and I brought these people and I asked them to be very orderly because, you
know, I do respect the law and I respect each and every one of you. I know each and every one of you have
taken on a job as public officials and it's not easy. You know, and I commend each and every one of you for
taking the load on your shoulders because someone does have to do it. But what I would like to speak about
is some issues that we need to recognize. There are funds that have been allocated and I have been
privileged to be one of the persons that was sent to Washington to study the Federal HUD Program and go
from floor to floor and talk from each of the directors there so, I know what I'm talking about. So, what I
wanted to do, I wanted to just to read something to you that's a federal information, and this is from the
County, but there are funds that -- for affordable housing -- and I'm speaking about the SHIP (State Housing
Initiatives Partnership) funds and in certain -- there are also surtax funds. Now, I know that they all go for
different activities, but I just wanted to read paragraph "B," which is about down payment assistance for
second mortgage programs or the down payment assistance second mortgage programs that provides down
payments and it's for "closing costs, second mortgage assistance to qualified, very low, low, and moderate
income persons to assist in the purchase of rehabilitated or newly constructed single family home ownership
affordable housing units." I'm saying this for this reason. I'm privileged to know that there's going to be a
lot of rehabilitation in that area. I know that there's — the City's is scheduled to build at least --
approximately a thousand houses or more. I'm saying that, when this is done, it's fine for you all to give
them Section 8. Section 8 could be something that could send them right back to a situation that's no better
72 June 22, 1999
than the one they are already in, if that happens. Hopefully, it won't. But I'm saying that and I'm asking you,
as a Commission and as human beings, that when you do build these new houses, that this hundred and forty
something or two hundred and something unit -- i mean, residents be given a priority or a preference to you,
to allow them to give their families a proper housing facilities to live in, to upgrade their housing standards.
This was the President's national objective and we want to see that this is upheld. We understand that there
are a lot of things that's in the City that must be done in and there are a lot of things that you take as priority
but moneys are allocated for specific reasons. We're hoping, as citizens of Miami, that you will allow these
residents and utilize their Section 8 vouchers or whatever reasons or whatever methods they're using now to
pay, at this point, to go towards a housing situation that will allow them to upgrade their lives and to become
better citizens. The lady said there's individuals that want to work. I've also met with Mr. Hepburn. I gave
him a card to National Working Force, which is one of the top, temporary job agencies. I have Mr. Ruben
Lebrado, who is the vice president, to get with them to assure that these people are properly trained in job
situations, so that they will be able to work and maintain a job through the training program and an agency
that will substantiate the fact that they have working jobs to be able to feed their families. If you would be
as gracious as you be in reference to the things that you would want for yourselves, for these individuals, I
would appreciate it, that you give them consideration when you do build these houses and not treat them as
if though -- that only thing they're supposed to have is project housing or Section 8 voucher -type situations.
I want to see them with homes. (applause)
Chairman Plummer: Let's go to the Manager with the answers. Mr. Manager.
Mr. Donald Warshaw (City Manager): Before I ask Ms. Warren to speak, during the break, members of the
staff, myself, Commissioner Teele, Ms. Warren, spoke and explained to this group of people exactly what
has happened. As Commissioner Teele stated, he's correct, that the County has been able to, basically,
move people out of the similar homes that are surrounding these apartments and these people are left and
they're really the responsibility now of the City to attempt to get them vouchers similar to that which the
County has. Now, we are in the process -- and I have written to Washington to attempt to get these
vouchers. And, as I stated this morning, we've been out there before. I was out there with Commissioner
Teele. Nobody should be allowed to live that way and, you know, I have strong feelings about the
ownership and the role that the owners play in not being able to repair and, at least, make the barest or the
bare minimum repairs so that people can live like human beings, and I'm going to let Ms. Warren amplify a
little bit about what the time lines are so they have a comfort level that we're working and I expressed to
them again this morning that we're going to work through the NET office, either through news letter or some
kind of written notification to ensure that they know, step by step, exactly where we are and what kind of
progress we're making.
Commissioner Regalado: If I may before -- Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Just a brief comment. I have visited this building -- those buildings and I think
that what they're saying here is exactly what is going on and probably worst. I didn't go into any houses.
But I do know several things because of my different visits to other buildings. It's very difficult to get the
County to put pressure on the owners to fix quickly those buildings. And we have a situation which is not
that bad, but is bad on 24th Street. Very close from here. The NET office has been onto that building,
citing the owner, and we have been months in this issue, going back and forth. And I did go into that
building and you can see the holes in the bathroom and you can see very, very grave problems. The other
issue is the home ownership. We all know that this is a program that is legitimate, but it takes a lot of time.
I would think that we should act and try to do it quick and, although, there is a list of more than 10,000
people waiting for Section 8 and I'm telling you, the County's Housing Department has done a tremendous
73 June 22, 1999
work trying to get this backlog, but it's very difficult. I would think that the best thing to do will be to
request a waiver and get, as soon as possible, vouchers for these families. I'm sure that we can do that
because this is really a hardship so ... (Applause).
Chairman Plummer: Mr. Manager? I'm sorry. Ms. Warren.
Ms. Warren: Again, just to speak directly to the issue, particularly, the one that the gentleman raised about
not only are we recommending in the Five -Year Plan that the Commission minimally build a thousand new
homes in this particular area, but, in the Five -Year Plan, we're looking at seven thousand homes. One of the
things that you -- when we get an opportunity to go through the package, we do understand the economic
conditions of our residents, so we are recommending a home buyer counseling program to get people
prepped. We're recommending a financing package that would allow us to build affordable housing and
make it affordable to our residents, including lease purchase, down payment assistance, closing cost
assistance, and probably pivotal to the whole issue is, we have recommended that the Section 8 housing
residents be given priority consideration for new houses and first and second mortgage loans assistance.
Chainnan Plummer: Thank you.
Ms. Warren: So, we're on this point. But to speak to the issue of -- I'm sorry.
Chairman Plummer: No. Go ahead. Finish up.
Ms. Warren: But to speak to the issue of time frames, as the Manager and the Commissioner have
explained, this is a very complicated processing problem. It's a problem that's existed here in the City for
some 10 plus years. The County is, because of their resources, about six months ahead of us. Through
actions that your body, the Commission has taken, to reorganize the Department of Community
Development, we now have ample inspectors. We are holding the building owner accountable for the
quality of the building and the places that our residents are living. We're also taking, as the Manager has
indicated, a parallel path to make sure that we have requested that people be able to be vouchered out on the
open market. And one of the next items that you'll see on the agenda is to acquire eight of those buildings
for -- to be demolished immediately and we are trying to get people out on the market. We're hoping that --
and it is our goal -- no, it is our commitment that, by Christmas time, we will have in place a plan to start
transitioning people out of there, if not sooner.
Chairman Plummer: Mr. Gort.
Ms. Warren: But that is our goal, to get -- to do what we need to do here.
Chairman Plummer: Mr. Gort has the floor.
Vice Chairman Gort: Yeah. I think it's important that we -- this Five -Year Plan, as I read it, all that is
incorporated and...
Ms. Warren: Yes, sir.
Vice Chairman Gort: ...I think that's going to be very helpful for home ownership and that's what we talked
about before, the facade treatment, that some people cannot comply with it. Because one of the things we
had to make a decision on, these buildings have been in front of us before for the last -- since I've been
elected, this building has been here. We have to do something, that whenever there's a violation -- I don't
know how the Law Department, how we do it -- that we can take immediate action. Now, my understanding
74 June 22, 1999
is, and correct tme if I'm wrong, these individuals qualify for Section 8 vouchers?
Ms. Warren: The problem is, is that the -- I'm sorry.
Vice Chairman Gort: They use Section 8 vouchers?
Ms. Warren: Yes, sir.
Vice Chairman Gort: Doesn't the federal government and the County will have to comply that these
individuals will have to maintain minimum living standard in order for them to honor those vouchers? I
mean, the City doesn't have that.
Ms. Warren: The situation -- the City does not have that. What we have applied to become, we have a HAP
(Home Assistance Program) contract, which is tied to those buildings. What we've requested of HUD is to
allow us to have a voucher program so we could move our residents out on to the open market. That
application has been applied for. The second thing that we need do is that we've got a long term, three year
contract -- well, 15 year contract with the landlord and what we need to do is, through inspections, go the
legal route to shut those buildings down. So, we need to do both at the same time and fast.
Vice Chairman Gort: And we need to expedite it because that's becoming the biggest problem. These
people make the money when they get to rehab. That's where they make the money. Then they don't care
anymore.
Ms. Warren: Absolutely. (Applause)
Vice Chairman Gort: And, I think, that's what we need to do.
Chairman Plummer: Mr. Sanchez has the floor, and I'll give Commissioner Teele to close.
Commissioner Sanchez: I'm glad we've come to agree on one thing, that it's the City's responsibility in
administering this Section 8. I don't think there's a disputing the facts here, that we have a crisis in our hand,
but you know what? This has been going on since 1989.
Chairman Plummer: Or before.
Commissioner Sanchez: Or before. But I do have an article here that -- and, you know, we vowed to take
immediate steps in the past. You know, if they are -- and I have the experience to go through one of those
inspections in Section 8, but if they're not complying with them, shut them down and open up shop some
place else. (Applause) You know. The bottom line is that we -- it's our responsibility to provide affordable
and decent housing for these people. I mean, they've been suffering for so long. And why has it taken us so
many -- so long to get them moved out? (Applause)
Chairman Plummer: All right. I will give to Commissioner Teele to close the issue. Commissioner?
Commissioner Teele: Well, let me yield to the Manager and the Director. I mean -- because I want to be
very clear. This problem that we have is an immediate problem and this isn't a problem -- you know, we
were there a year ago. We made a lot of statements. There was a lot of concern. But this problem must be
addressed now. And I think the question, Mr. Manager and Madam Director and Mr. Attorney -- because
we can't shut down a property owner until his rights, under his contract, have been properly dealt with. In
other words, I heard one of the residents say, "we don't want anymore inspectors." If we don't continue to
75 June 22, 1999
inspect and find him in -- find the owner in violation, he...
Mr. Variety: Everybody stay orderly, please.
Commissioner Teele: If we don't continue to inspect and find the owner in violation, until we reach the
point, under the law, which is,1 think, 35 percent, 30 percent?
Ms. Warren: It's 35 percent and...
Commissioner Teele: Until we can justify that 35 percent of the units are totally out of compliance, we can't
cancel the contract, and he's got a contract, not just with us, but with the government. And, so, there's no
way to shut him down unless we inspect. Now, right now, we're what, about 25 percent of the units or...
Ms. Warren: Twenty, 25.
Commissioner Teele: Twenty, 25 percent. So, the inspection -- and I don't want to say what you want to
hear and, then, tomorrow you see an inspector and, then, you curse the inspect -- you know, get down on
the inspector because you need -- you have to understand, the only way we can solve this problem, is that
we've got to determine that 35 percent of the units don't meet the Code and the standards. So, you've got to
work with us, please, in letting the inspectors in so that we can do that. But that doesn't solve your problem
and that's what I want to deal with. We must, I believe, today, as a Commission, pass a resolution
instructing the Manager -- requesting the Manager to provide -- to work with the federal government to get
vouchers for each and every person that is currently there now and to provide them with a voucher out of
there before Christmas. Now, that's -- I think we've got to do that. The Manager doesn't have the authority
to give you the vouchers. The vouchers have to come from Washington. He has to get that approval. We're
not in the Section 8 business. The County is. But because we have the Section 8 contract building, we have
an obligation for each one of you. And what you all are telling us, what I believe, what the staff is in
agreement, there is no way to fix that building up to meet the standards. So, we've got to Section 8 you out
of that building. That is a voucher. Now, Mr. Variety, is there any disagreement on that one issue?
Mr. Variety: No, sir. But I just wanted to just make one point, that I think that you all are missing, and I
think it would give -- solve the solution, that these people are really here talking about needs to be pressed
right now, You bring inspectors. Rats don't come out until at night. You send inspectors in the day. See,
you need to understand and see what I saw. See, I went there in the night and put myself through the
suffering that they were going through so I would know what they are talking about. See, in order for you to
see the real infestation of the roaches and all of that, you need to see it when they come out. You know how
they say, "freaks come out at night?" Well, so does the roaches and the rats. So, if you come in the day,
you're not going to see what you need to see. Because you need to do a real good externzination job and if
the people are going to be there -- see, it's just like here. Liberty City is the home of the black community.
Just like this here. I was reading the paper. They're working so hard on Stiltsville. Work that hard on
Liberty City for the black community and I think that if -- we'll work with you one hundred percent. I'll talk
to the residents. We'll do the best we can to get them to comply with whatever you guys would like for us to
do, but we want you to really be doing it. That's all we ask. And if that's could be done, then the people will
go along with you because we know that you're not able to do all things.
Chairman Plummer: The floor is open to Commissioner Teele to make a motion.
Commissioner Teele: Mr. Chairman, I would move that the Commission resolve and request that the
Manager to work with the congressional delegation and with HUD to expedite the acquisition or the
formulation of a voucher system that will relocate each resident under the City contract -- Section 8 contract
76 June 22, 1999
in the immediate area of 61 st Street and the other -- what is it? How many do we have, two hundred and...
Ms. Warren: I think there's two hundred and eighty apartments...
Commissioner Teele: Approximately, two hundred and eighty -- approximately two hundred and eighty
families prior to -- with the goal of them being relocated prior to December.
Chairman Plummer: Is there a second?
Commissioner Sanchez: Second.
Chairman Plummer: Motion is duly seconded.
Vice Chairman Gort: Discussion.
Chairman Plummer: I'm sorry?
Vice Chairman Gort: Discussion.
Chairman Plummer: Discussion. Mr. Gort.
Vice Chairman Gort: Mr. Teele, part of the thing you can make it also -- well, we can -- I don't think it's part
of the motion but we can request it. The administration, if possible, to send some of the inspectors at the
right times.
Chairman Plummer: After 5 o'clock.
Commissioner Teele: I agree. And I mean, it just gets down really to the fact that -- I'm just so disappointed
really that, you know, we approved a contractor two month -- a month or so ago and we've got to move
forward on this, and this has got to be treated as an emergency. The Manager has got to utilize -- we approve
all these contracts, emergency contracts, every day. We approve contracts -- hold it, I'm not -- I'm talking to
the Manager. We approve contracts every day that are not emergencies every time we meet and, yet, when
there's a real emergency -- this is a real, real, real emergency. And my next motion is going to be to
authorize the Manager to take whatever powers that lie has to enter into contracts for inspectors, for
exterminators, for whatever, with a view that we will ratify those actions and to utilize emergency powers
that lie may have under the police powers to -- Mr. Attorney, to immediately respond to this situation.
Mr. Alejandro Vilarello: You want to protect the urgent public need for the preservation of health, safety
and welfare.
Commissioner Teele: That's the second motion.
Chairman Plummer: Right out of the book. All right. Let's address the first motion. The first motion is for
the vouchers. All right. All in favor say "aye." Show it unanimous.
77 June 22, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-430
A MOTION AUTHORIZING AND DIRECTING THE MANAGER TO
WORK WITH THE CONGRESSIONAL DELEGATION AND U.S.
HOUSING AND URBAN DEVELOPMENT OFFICIALS IN
FORMULATING A VOUCHER SYSTEM FOR APPROXIMATELY
280 FAMILIES IN THE IMMEDIATE AREA AROUND NW 15
AVENUE AND 59 THROUGH 62ND STREETS, WHERE SECTION 8
PUBLIC HOUSING IS BLIGHTED IN ORDER TO RELOCATE SAID
FAMILIES PRIOR TO DECEMBER 1999.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: That's with the intent that everybody be relocated before Christmas, not that we have
a plan by Christmas because we -- you said some different things, OK?
Chairman Plummer: The second motion...
Commissioner Teele: Mr. Attorney, the second motion is to authorize the Manager or to recognize the
Manager has inherent powers...
Mr. Vilarello: On the grounds of urgent public need for the preservation of peace, health, safety and
welfare.
Commissioner Teele: And that he may enter into contracts, on an emergency basis under this power, with
the view of presenting them to this Commission, to be ratified subsequently, to solve the immediate issues
relating to the health and public safety of the residents in this area. I would so move.
Chairman Plummer: All in favor say "aye." I'm sorry. Who seconded the motion.
Commissioner Regalado: I did.
Chairman Plummer: I'm sure we all did. All right. All in favor say "aye."
The Commission (Collectively): Aye.
78 June 22, 1999
Chairman Plummer: Opposed? Show it unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-431
A MOTION RECOGNIZING THE CITY MANAGER'S INHERENT
POWERS ON THE GROUNDS OF URGENT PUBLIC NEED FOR
THE PRESERVATION OF PEACE, HEALTH, SAFETY AND
WELFARE; FURTHER AUTHORIZING THE MANAGER TO, ON
AN EMERGENCY BASIS UNDER THE AFOREMENTIONED
POWERS, ENTER INTO CONTRACTUAL AGREEMENT(S) WITH
THE INSPECTORS, EXTERMINATORS, ETC., WITH A VIEW
TOWARD PRESENTING SAiD CONTRACTS 'TO BE RATIFIED
SUBSEQUENTLY BY THE CITY COMMISSION, iN ORDER TO
SOLVE THE IMMEDIATE ISSUES RELATING TO THE HEALTH
AND PUBLIC SAFETY OF THE 280 FAMILIES IN 'THE CITY
FUNDED BUILDINGS LOCATED IN THE VICINITY OF N.W. 15
AVENUE AND 59 THROUGH 62 STREETS (MODEL CITY).
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. Manager, this is one of the reasons that I strove so hard, but not successful last
year, to get the state legislature to allow the City of Miami to have its own Unsafe Structures Board. If we
go through the County, it takes anywhere from 12 to 30 months. If we had our own board, we could get it
done in less than six.
Mr. Variety: Excuse me. Commissioner Plummer?
Chairman Plummer: Yes.
Mr. Variety: I just wanted you to know that we have a c01mmWiity outreach delegation as well and since
you were speaking, I sent someone to go make a move for me at the County and the County has just agreed
they would be willing to help us with the Section 8 vouchers now.
Chairman Plummer: They are meeting now. They're meeting in...
Mr. Variety: Well, I just --we already got word back while you were just talking by phone tome, to let me
know that we do have a Commissioner that's willing to go forward and fight for you with this issue right
79 June 22, 1999
now.
Chairman Plummer: OK.
Commissioner Teele: Mr. Manager, included in those powers, I'm going to request, respectfully -- and I
want you to listen to tile, Ms. Warren. Number one, that a trailer, an office be put up on site so we're not
running people all over Robin Hood barn to try to get essential services. In other words, the NET office is
there and we've got City Hall. We've got Building and Zoning. But if we have an emergency, let's take the
services to these people right now, right there on that location. And I would ask that a construction trailer or
some type of trailer be put there and that it be properly staffed and manned. One of the things that we
agreed to last year, is that they should form -- the residents should form a committee. They've done that and
they wouldn't be here today if they didn't have that process going. But we also committed that we would
work with them to hire persons through WAGES (Work and Gains Economic Self -Sufficiency) or,
otherwise, Mr. Manager, to work to help document many of the problems. See, this is a documentation
issue now. This is where we are now, Ms. Warren. We've got to document those -- conditions of those
units. Who better to doc -- help document with those units, other than people that live there?
Mr. Variety: That's right.
Commissioner Teele: And, so, what I'm asking is that we set up a trailer, that we work with them to identify
people that can come to work there at the trailer as staff, as an extension of staff, and as liaison with us, so
that we can get this problem. And the third and final issue in this regard -- and this is going to sound very
basic, Chief -- Mr. Warshaw. But the drinking water, which nobody mentioned today. There are several
things that weren't mentioned that, quite frankly, I want to express my appreciation to the people that are
here for not bringing everything up. We said that we wouldn't bring up some things. I want to put on the
record that the Manager has asked Major Darling to have Internal Affairs to come in. There are some things
that really should not be dealt with in the public if -- Major Darling, if you would just stand. Internal
Affairs is here. They're going to work with those issues of mis -- of alleged misconduct, maybe, that
someone has. And if you need -- please see Major Darling so that that can be handled on a separate track.
But water. These residents need, in many cases, water. Every one of them have talked about, before and
today, the fact that the water that comes out of the tap is brown, is that right?
Mr. Variety: That's right.
Commissioner Teele: And a part of what I'm hoping the City will do is provide, in some cases, water. We
need to really deal with this, as if everybody here is our sister, our brother, our mother, or our father. And,
finally, there is, at least, one or two situations that involve persons who have been put at gun point. I would
hope that we had one lady whose child, literally, had to beg for her life for four or five minutes, with a
shotgun to her head. The child is traumatized. The mother's traumatized. And, you know, we're the
landlord. I mean, you know, we may not be the owner of the building, but we're managing the contract and
we've got some obligation. And I would certainly hope that we can provide some emergency and some
counseling for these people that need counseling, without getting into all of the detail, but I think that -- is it
Ms. Cooper who had the?-- Ms. Cooper who had the gun put to her head on her way to work, in which her
son had to -- a shotgun, in which her child had to beg for her life. The only reason, in her mind, that she's
alive, is because the child, basically, refused to stop begging the man in that situation. We've got a special
obligation, Mr. Manager, and I'm just appealing to you, respectfully, to work with us and to use your
preliminary powers to solve this problem and to address the situation in there.
Chairman Plummer: All right. We thank all of you for being here. For closing.
80 June 22, 1999
Mr. Variety: OK. i just would like to say, we would like to thank Mr. Sam Mason, who was the person
who mediated the situation. And we'd also like to thank Mr. Hepburn and his office for coming down and
taking the time to speak on behalf of the City, and everything was done, like I say, in a very professional
manner. And I'd also like, Manager Warshaw, that our community outreach organization be involved in the
steps that are to be taken, to make sure that it's done and I would like something in writing to the people, if it
is OK with you, Commissioner Plummer, stating what you're going to do or what you're going the attempt to
do, and we will work with you wholeheartedly. The whole process, in order to work, is going to take the
City and it's going to take the residents. I've been battling with the residents to be obedient and to give you a
chance. We're willing to do that. And all we want you to do is give us a chance to live at the proper
standards.
Chairman Plummer: We're going to make it very simple because we're going to send you a copy of the
minutes.
Mr. Variety: Thank you.
Chairman Plummer: All right.
Mr. Variety: God bless you.
Chairman Plummer: I thank all of you for being here. We have an awful long day and we would ask you to,
please, exit quietly.
Ms. Warren: Commissioner, could I make one announcement?
Chairman Plummer: Wait a minute. One announcement.
Ms. Warren: Ladies, it is really important, again, as Commissioner Teele has said, when the inspectors
come by, please allow them access to the apartment. I know sometimes it's inconvenient but we have to get
in in order to do the inspection, OK?
Chairman Plummer: Thank you very much.
Mr. Variety: Excuse me. I would like for the group that came on the bus -- would you guys, please leave
orderly? And everyone go to the bus so that we could leave and get back to your residences safely. And,
please, watch your children and make sure that everyone leaves in a way that where no one gets hurt or
there's any other problems and thank you very much, Commissioners.
Vice Chairman Gort: Commissioner Teele? Commissioner Teele?
Chairman Plummer: All right. Commissioner Teele.
Vice Chairman Gort: I have a question. My understanding, you stated that this public hearing was because
of Item 26?
Commissioner Teele: Yes, sir.
Vice Chairman Gort: Because I don't want anybody out there to get the impression that you just can get a
group and override the process that we have here.
81 June 22, 1999
Commissioner Teele: Yes, sir.
Vice Chairman Gort: 1 don't want to send the wrong message.
Commissioner Teele: I agree. And that's why 1 put it in the context that this item was put on the agenda
Item 26. They read it and assumed that it related directly to them, but it really involved the building they're
in...
Vice Chairman Gort: Right.
Commissioner Teele: But, basically, some actions we're trying to take with the landlord.
Vice Chairman Gort: OK. Thank you, sir
Chairman Plummer: All right. Let me just, once again, announce that on the PZ Zoning Item 15, 2101
Brickell Avenue, at the request of the applicant and objectors, will be deferred until July the 27th.
20. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED
"1999 WAGES COALITION SUMMER CAMP" AND APPROPRIATE FUNDS FOR ITS
OPERATION ($50,000), CONSISTING OF A GRANT FROM THE DADE-MONROE WAGES
COALITION.
Chairman Plummer: We're now on Item Number 10. Mr. Manager, Item 10, 1999 WAGES Coalition
Summer Camp for fifty thousand dollars ($50,000).
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Anyone wishing to speak on Item 10? All in
favor -- read the ordinance. Call the roll. That was a four/fifths vote, passed unanimously. Item number...
Mr. Walter Foeman (City Clerk): Excuse me. Second roll call.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED "1999 WAGES COALITION SUMMER
CAMP" AND APPROPRIATING FUNDS FOR THE OPERATION
OF SAID PROGRAM IN THE AMOUNT OF UP TO $50,000,
CONSISTING OF A GRANT FROM THE DADE-MONROE
WAGES COALITION; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
ACCEPTANCE OF SAID GRANT: CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
82 June 22, 1999
was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11806
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
21. EMERGENCY ORDINANCE: AMEND CODE SECTION 22-12 "GARBAGE AND OTHER
SOLID WASTE," PROVIDE THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN
PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY,
DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO
ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING THAT
THE SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES (PLACE SOLID WASTE BILLS ON TAX
Chairman Plummer: Item 11. Also, an emergency ordinance requiring a four/fifths vote.
Vice Chairman Gort: Move it.
Chairman Plummer: Garbage and other solid waste relating to the solid waste services for the City. Moved
by Gort. Seconded by Teele. Anyone wishing to discuss the item? Item Number 11. Read the ordinance.
Call the roll.
83 June 22, 1999
q
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 22 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"GARBAGE AND OTHER SOLID WASTE," RELATING TO
THE PROVISION OF SOLID WASTE SERVICES, FACILITIES,
AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA;
PROVIDING THAT SOLID WASTE ASSESSMENTS
CONSTITUTE A LIEN ON ASSESSED PROPERTY EQUAL IN
RANK AND DIGNITY WITH THE LIENS OF ALL STATE,
COUNTY, DISTRICT, OR MUNICIPAL TAXES AND
ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER
PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS;
PROVIDING THAT THE SOLID WASTE ASSESSMENTS MAY
BE COLLECTED PURSUANT TO SECTIONS 197.3632 AND
197.3635, FLORIDA STATUTES, AS AMENDED; MORE
PARTICULARLY BY AMENDING SECTION 22-12 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR INCLUSION IN THE CITY CODE.
was introduced by Vice Chairman Gort and seconded by Commissioner Teele, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days,
was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner
Teele, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
84 June 22, 1999
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11807
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public
22. DISCUSS / TABLE CONSIDERATION OF MODEL CITY NET SERVICE STATION. (See
section #65)
Chairman Plummer: As previously announced, Mr. Teele, I'm going to take up, at 3 o'clock, the Little --
Model Cities NET (Neighborhood Enhancement Team) Office. It's 3 o'clock, sir, and we offered that would
be done at this time.
Vice Chairman Gort: It's a companion. Twelve is a companion of 11.
Chainnan Plummer: Are they the people -- is 12...
Vice Chairman Gort: Twelve is a companion of 11.
Chairman Plummer: It doesn't so state.
Commissioner Teele: Can you do it at 3:10?
Chairman Plummer: We said, at 3 p.m., we'd take up Model Cities NET. Now, do you want to do it now or
later?
Commissioner Teele: At 3:10.
Chairman Plummer: Three ten.
Commissioner Teele: Are there people --are there citizens here from the area on that item?
Chairman Plummer: Is there anyone here that's here for the purposes of Item 35, the Model Cities NET
Office Presentation? Mr. Packingham is here. All right. You can wait 10 minutes? So be it.
23. APPROVE INTERGOVERNMENTAL COOPERATION AGREEMENT, WHICH
REOUESTS AND AUTHORIZES THE PROPERTY APPRAISER TO INCLUDE THE CITY OF
MIAMI NON -AD VALOREM ASSESSMENTS FOR FIRE -RESCUE SERVICES AND
FACILITIES AND SOLID WASTE SERVICES AND FACILITIES ON THE "NOTICE OF
PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON -AD VALOREM
ASSESSMENTS," COMMONLY REFERRED TO AS THE TRIM NOTICE.
Chairman Plummer: All right. Item 12.
Vice Chairman Gort: Move it.
Chairman Plummer: Item 12 is a resolution on the Fire -Rescue Service and Solid Waste Services and for
the Trim Notice. Now, let's get down to brass tax. Is this the Trim Notice predicated on what stipulated
85 June 22, 1999
amount?
Mr. Alejandro Vilarello (City Attorney): Item 13 will address that issue. This simply require -- is a
resolution that's required so that we can get on the Trim Notice.
Chainnan Plummer: OK. I understand. Is there a motion? Made by Gort. Seconded by Sanchez?
Commissioner Sanchez: No.
Chairman Plummer: No. Seconded by Regalado? I need a second to Item 12. All right.
Commissioner Sanchez: Wait.
Chairman Plummer: Is there a second...
Commissioner Sanchez: No, no.
Chairman Plummer: ...for the second time? Is there a second for the third time.
Commissioner Sanchez: Second, second. I'll second it.
Chairman Plummer: All right. For the purposes of discussion.
Commissioner Sanchez: For the purpose of discussion.
Chairman Plummer: Yes, sir. Discussion. Mr. Sanchez, you have the floor.
Commissioner Sanchez: Now, is it 13 we're going to speak about the implementation of the increase?
Carlos Gimenez: Yes, sir. Item 12...
Chairman Plummer: Or no implementation.
Commissioner Sanchez: Or no implementation.
Mr. Gimenez: Item 12 just allows whatever decision is made by this Commission, whatever rates are set for
Solid Waste and for Fire Assessment for those to be sent out on a Trim Notice, instead of putting out a
first-class notice to all...
Chairman Plummer: And, for the record, I think it would be interesting to note how much money that saves
the City in doing such?
Mr. Vilarello: This is a method of collection.
Chairman Plummer: OK. But how much does it save the City?
Ms. Bertha Henry: One hundred and twenty-six thousand dollars ($126,000).
Chainnan Plummer: That's very important. You know, that, to me, is still a lot of money. OK?
86 June 22, 1999
Commissioner Sanchez: Call the question.
Chainnan Plummer: All right. All in favor of Item 12, say "aye."
The Commission (Collectively): Aye.
Chaimian Plummer: I guess I do have a quorum. Yes. OK, yes. It passes unanimously of those present.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-432
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING AN INTERGOVERNMENTAL
COOPERATION AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WHICH REQUESTS AND AUTHORIZES
THE PROPERTY APPRAISER TO INCLUDE THE CITY OF
MIAMI NON -AD VALOREM ASSESSMENTS FOR FIRE -
RESCUE SERVICES AND FACILITIES AND SOLID WASTE
SERVICES AND FACILITIES ON THE "NOTICE OF
PROPOSED PROPERTY TAXES AND PROPOSED OR
ADOPTED NON -AD VALOREM ASSESSMENTS," COMMONLY
REFERRED TO AS THE TRIM NOTICE; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS NECESSARY FOR SAID PURPOSE.
87 June 22, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
24. ESTABLISH ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; DIRECT PREPARATION OF
ASSESSMENT ROLL; AUTHORIZE PUBLIC HEARING AND NOTICE.
Chairman Plummer: Now, Item 13. Mr. Manager, I'll go first, even though I can't make a motion or second
a motion, according to the law. Mr. Manager, this City is passing a parking surcharge. I made a
commitment -- and I believe others, but they can speak for themselves -- in the fact that we would reduce the
millage of this City a half a mill and we would knock out the increase on the Fire Fee. That's where I am
yesterday. That's where I am today. And that's where I'm going to be tomorrow. Now, you know, 1
understand we're going into never-never land, that nobody knows what surcharge is going to be bringing in,
and we know that, all right? Budgets are a projection. They're not in concrete. But all of the things that I
have heard from the administration and others, you're looking at 13 to fifteen million dollars ($15,000,000)
from the surcharge. You need six for the ad valorem and you need four for the Fire Fee. There's where I'm
at. It takes 10 and the first 10 goes in that area there. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Commissioner, I just want to caution the Commission. This is a
preliminary setting of the rate.
Chairman Plummer: I hear you.
Mr. Vilarello: The final setting takes place in September, during your budget hearing process. The
surcharge -- the parking surcharge is still not instituted. Still, we don't know whether it will be challenged
or not. It's -- we feel that it's appropriate and we'll go forward, but it's an untested source of funds. This, on
the other hand, is a tried and true tested source of funds. And 1 would caution you, just at this stage, this
does not limit your options. This allows all of your options to be available to you at the budget hearing
process in September.
Chairman Plummer: Mr. City Attorney, before you waggled your little wagon over from Hialeah, there was
a saying around here that's still true. There's nothing more permanent than something temporary at City
Hall. Mr. Sanchez, you wish to be heard?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Sure.
88 June 22, 1999
Commissioner Sanchez: The parking surcharge continues to be a mathematical formula missing a number.
We don't know exactly how much money it's going to generate, OK? That's the biggest concern that i have.
Before I make a recommendation or a statement, which i don't want it to come back and make me look like
you know what, 1511 going to put out a recommendation, just a suggestion, to the City Manager, for the
Commissioners. Although, that -- if we put this in first reading, right? This is going to take two readings?
It comes back to second reading.
Mr. Vilarello: Well, this...
Chairman Plummer: No, this is a resolution.
Commissioner Sanchez: it's a resolution. So, it's not a final -- the decision we make is not a final decision?
Chief Carlos Gimenez: No, sir.
Chairman Plummer: This is only tentative.
Mr. Donald Warshaw (City Attorney): No. It gives you option for...
Mr. Vilarello: This is the notice that will go out in the trim -- preliminary notice and, then, you'll finally
have your opportunity to set it in September.
Commissioner Sanchez: This is just a suggestion that I want to put out, OK? if we were -- right now, let's
forget about the parking surcharge, OK? If we were -- there's a resolution out for reduction of the millage,
point five percent, which is half a mill.
Chairman Plummer: Correct.
Commissioner Sanchez: If we were to cut that down to point two five, that would generate three million
dollars ($3,000,000). That would leave us short one million dollars ($1,000,000), which we could come
forward and try to get it some place else. I think the Oversight Board might swallow that pill better than the
other option that we have. The thing is, the rates right now would be 24 hours. Chief, correct me if I'm
wrong.
Chief Gimenez: The rate, as proposed in this -- which is pant of the Five -Year Plan, is that the rate will go
from sixty-one dollars ($61) in a single family home to eight$ -five dollars ($85). So, the increase is
twenty-four dollars ($24).
Commissioner Sanchez: Twenty-four dollars ($24).
Chief Gimenez: Yes, sir.
Commissioner Sanchez: So, instead of coming up with twenty-four dollars ($24), I think that the increase
would only be six dollars ($6). In that way there's a compromise that we could work out. And it's just an
idea. But I'll tell you, I voted against it three times and this will be the fourth time that I'll vote against it.
But it is just a suggestion that I put out, where I think it might be reasonable.
Chairman Plummer: You voted yes to your own suggestion.
89 June 22, 1999
Commissioner Sanchez: Hey, it's a -- yeah. You know why? Because I voted against it before. I can't vote
for it now.
Chairman Plummer: I hear you. I hear you. OK.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: If we were to approve this, you'll send notice, right?
Chief Gimenez: This will -- if you were to approve this, then we will use the Trim method of notifying the
property owners.
Commissioner Regalado: So, in a way, people will be noticed that there is a twenty-four dollar ($24)
increase, right?
Chief Gimenez: They will get notified of the -- of their rate, yes, sir.
Commissioner Regalado: Well, if we don't wait for the September date, then you will have to do a
first-class mailing to notify whatever increase.
Chief Gimenez: There's a couple of problems. Number one, you have some time constraints. Whatever
you do in the first resolution, unless you, somehow, amend that first resolution -- and, please, correct me if
I'm wrong, Mr. City Attorney -- you cannot -- you can only lower that rate in September. You cannot
increase it.
Mr. Donald Warshaw (City Manager): Let me just correct one thing that was said, Commissioner.
Commissioner Regalado: I mean, we're not even thinking of increasing.
Mr. Warshaw: The trim notice that would go out would be the proposed rate. Would not be an actual bill
that would go out. What this does is, it gives you all the options between now and September to lower it.
So, if you approve this today and the Trim notice goes out, what it talks about is what the proposed,
maximum rate would be, which could be changed on the downside, you know, to whatever you should
decide between now and September.
Chairman Plummer: There is a motion on the floor. There is a second of the motion. Is there any further
discussion?
Commissioner Regalado: Again, I think that, for me, on this case, would be too premature to vote. Because
I think that just by noticing people, we are giving the impression that -- although, we are trying to reduce the
millage, then we are going through the back door and raising the fire fee. I would think that it would be
prudent to wait to see, like Commissioner Sanchez said, how much is the parking surcharge and what is the
will of this Commission to do that? So...
Chairman Plummer: Mr. Manager.
Mr. Warshaw: A couple of points. I would encourage and urge you to support this and leave all of our
options open between now and September. Whatever you should decide between now and then. In my
90 June 22, 1999
informal -- and i stress informal -- discussions with some members of the Oversight Board, not having had
any historical data on collection of the surcharge -- and i think they're looking for a years' worth of history
before they can make some determination as to what the revenue stream would be. I don't even know if six
million dollars ($6,000,000), which would be represented, hypothetically, by a half a mill, would be
acceptable to them. And right now, later on today, we're going to submit to you a budget that we're going to
move forward to the Oversight Board that is balanced, in accordance with the inter -governmental agreement
that contemplates no parking surcharge, no millage decrease, and no decrease in the fire fee. Now,
understanding that hanging out there is a potential revenue stream -- whatever it is... 6, 8, 10, 12, 15 million.
We hope it's the latter and it's the maximum. All I'm saying is that, at this early point, before we go into the
summer break, leave our options open so that we can work and, hopefully, some time in the summer, begin
some collection process on the parking fee, so that we'll have a better flavor, a better idea by September, and
maybe we'll be able to sell a harder sell to the Oversight Board. But, again, today, here in June, if you say
no to this item, you shut up all our options out. Then, if you change your mind later on, it's too late.
Chainnan Plummer: Mr. Gabriel.
Mr. Tom Gabriel: Tom Gabriel, Local 587, Miami Association of Firefighters. Although it is preliminary,
we don't need to talk abou the specifics on the budget. What you do when ordinances and other issues come
up before you, if there's some type of controversy, you always try to give yourself the leeway and pass it on
the first reading and, then, come back.
Chairman Plummer: This is a resolution.
Mr. Gabriel: I know that. But what I'm saying is, treat this the same way that -- you know, pass it now and
come back and adjust it later, if you need to.
Chairman Plummer: You make a good point. Let me ask a question. Mr. Manager, we pass this today, as
you've asked us to, but when we come back to the down and dirty, we say no, we're not going to do that.
We're going to do the garbage fee but no increase in the fire fee. Where are we?
Mr. Warshaw: All I can tell you, that I and the administration is going to work as hard as we can with the
Oversight Board...
Chairman Plummer: No, no, no. You're not listening to my question.
Mr. Vilarello: In September you can do that.
Chairman Plummer: My question is, in September, when we approve a budget and this Commission says
that we are going to -- from the surcharge of parking, we're going to reduce a half a mill and we're going to
stay the fire fee.
Mr. Warshaw: You can do that.
Chainnan Plummer: Without having to go First Class mail?
Mr. Alejandro: Absolutely.
Mr. Warshaw: Right.
Mr. Vilarello: In September, whatever the rate you set...
91 June 22, 1999
Chairman Plummer: We have time to change?
Mr. Vilarello: ...September is the rate that goes into effect.
Mr. Warshaw: Absolutely.
Chairman Plummer: OK. Mr. Sanchez?
Commissioner Sanchez: J.L., I will move this item. Make a motion to move it. And I'll tell you this much.
Come September, if we don't -- and I won't support it in September, but I'll put it out this time.
Chairman Plummer: OK. Moved by Sanchez.
Vice Chairman Gort: Second for discussion purpose.
Chairman Plummer: Second by Gort for discussion.
Vice Chainnan Gort: My understanding, the surcharge will go in effect when?
Chief Gimenez: It's...
Vice Chairman Gort: July?
Chief Gimenez: No. You're talking about the surcharge?
Chainnan Plummer: The surcharge on parking.
Vice Chairman Gort: Yes.
Ms. Bertha Henry (Assistant City Manager): The ordinance will come back to you for second reading, the
first meeting in July.
Mr. Warshaw: Thirty days after that.
Ms. Henry: And it will be effective 30 days after that.
Mr. Vilarello: And, Commissioner, the first collection won't even be applicable until 30 days after that. So,
it may take a period of time for you to get some kind of history with regard to the collection of the
surcharge.
Chairman Plummer: Well, let the tell you what...
Vice Chairman Gort: Then, we'll get it ourselves.
Chairman Plummer: Let me tell you what scares me, OK. There are so many unanswered questions, all
right. Because, right now, one of the major ones, Mr. Manager -- and I have to concur with Clark Cook. I'm
not going to vote to tax the meters. I can only carry so many damn quarters in my pocket, OK. And when
you start doing that, you're going to be increasing the fees. So, let the tell you where I'm at. I want to make
it very, very clear. I'll vote for this motion today because we still have an escape hatch in September.
92 June 22, 1999
Ms. Henry: We do.
Chairman Plummer: But I want to tell you, I'm not going to be burnt in oil twice, OK. If we're passing a
surcharge on parking, which I've already voted for and intend to vote for again, I will only vote for it the
second time predicated on the half a mill reduction and the staying of the present fee on the fire fee. So, 1
want you to understand. Don't anybody get no funny ideas because 1 don't like it. All right. Call the roll.
Commissioner Regalado: One -- just...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: One last...
Chainnan Plummer: Guys, we've got a long way to go.
Commissioner Regalado: ...thought. You know, I did vote last year and the year because the City was in a
real serious position, and I think that I can reflect in the mirror of what Commissioner Sanchez,
Commissioner Plummer, Chairman Plummer has said. I will not -- I will do it now so the Manager will
have flexibility, but I will not support it. Because we are seeing here a budget that is exactly five million
over this year's budget, which is, more or less, what we are raising in fire fees. So, you know, we've got to
do something. Either reduce the budget or eliminate any increase in the fire fee and that is where my vote
is...
Chairman Plummer: Call the roll.
Commissioner Regalado: ...in next September.
Chairman Plummer: Well, you don't need to call the roll because I think everybody's going to vote for it.
All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous, with a full understanding of where we are in
September. I'm sorry, you're negative?
Vice Chairman Gort: Yes.
Chairman Plummer: OK. We have one negative vote.
93 June 22, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-433
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE
CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED
ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 IN
ACCORDANCE WITH THE CITY OF MIAMI FIVE-YEAR
PLAN; AND DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND
DIRECTING THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
(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
Chairman J.L. Plummer, Jr.
NAYS: Vice Chairman Wifredo Gort
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: All right. Mr. Manager.
Vice Chairman Gort: Let me -- you want me to explain why?
Chairman Plummer: You don't have to explain, sir. Mr. Manager, Mr. Gort asked that any items that were
deferred, you give the reason for it. Item 15 was deferred.
Vice Chainnan Gort: What was the item? I don't even know...
Chairman Plummer: The sightseeing boat dockage. Give the reason why it was...
Vice Chairman Gort: Fourteen is the first one.
Chairman Plummer: Fourteen? Oh, no. That was never on the agenda.
Vice Chairman Gort: Well, that one I know. What was supposed to have been there?
Chairman Plummer: What was it? I don't even know what it was.
94 June 22, 1999
Mr. Donald Warshaw (City Manager): On items that are already stamped withdrawn...
Vice Chairman Gort: Right.
Mr. Warshaw: ...when we go to print, usually it has to do with just a numbering issue, and I'm not sure what
Item 14 was.
Chairman Plummer: It was to cut the staff in Commissioner Gort's office.
Mr. Warshaw: I see now. I was Off -Street Parking. Had to with advertising and parking meters. It was
withdrawn by Off -Street Parking. But oftentimes, you see a number where the agenda's been set up...
Vice Chairnan Gort: Can't we just move that number out of the way and just move on? Because that looks
kind of-- to me, it looks like...
Mr. Warshaw: This one...
Vice Chairman Gort: ...something was there. Somebody pulled it and we didn't even know what it was.
Chairman Plummer: OK.
Mr. Warshaw: This one was advertising and parking meters...
Chainnan Plummer: Come on, guys.
Mr. Warshaw: Off -Street Parking.
25. DEFER CONSIDERATION OF PROPOSED AMENDMENT OF SECTION 50-TO ALLOW
CURRENT SIGHTSEEING BOAT DOCKAGE AGREEMENT HOLDERS OPERATING
WITHIN THE INSIDE BASIN TO OPERATE A SECOND SIGHTSEEING BOAT UNDER
CERTAIN CONDITIONS — COPIES OF PROPOSED ORDINANCE TO BE PROVIDED TO
CURRENT TENANTS.
Chairman Plummer: All right. Why did you withdraw 15?
Mr. Alejandro Vilarello (City Attorney): I had requested that the Manager consider postponing that for 30
days. The under -- this ordinance amends the dockage over at Miami Arena. There's an agreement with the
boatmen and Rousse Company that -- and the City -- which address some of these issues. We don't believe
that this ordinance violates any of that agreement. However, we would like to provide a copy of this
ordinance for them to review it prior to consideration by the City Commission.
95 June 22, 1999
26. (A) FIRST READING ORDINANCE: AMEND CODE SECTION 31-50 "LICENSES AND
MISCELLANEOUS BUSINESS REGULATIONS/OCCUPATIONAL LICENSES;' BY
AMENDING EXISTING SCHEDULE OF OCCUPATIONAL LICENSE TAXES WHICH SETS
FORTH THE CLASSIFICATIONS AND RATE SCHEDULE FOR THOSE PERSONS OR
ENTITIES DOING BUSINESS IN THE CITY OF MIAMI.
(B) COMMENTS re UNFAIRNESS OF BUILDING OWNERS BEING HELD LIABLE FOR
TENANTS' FAILURE TO HAVE OCCUPATIONAL LICENSES — TOO MANY LICENSES
REQUIRED TO OPERATE BUSINESS.
Chairman Plummer: Item 16.
Vice Chairman Gort: One thing we need to understand. I hate to see anything come in here or try to come
in here without going to -- and one of the problems we have, we're taking too long in getting our contracts
done. We're taking too long in getting this thing done, and second opinion coming. You know, I'm getting
tired of that.
Chairman Plummer: Item 16.
Mr. Donald Warshaw (City Manager): Commissioner, on this one item, we were ready to go with this but
we met yesterday with the people from Rousse and we had a healthy disagreement.
Vice Chairman Gort: Don, I understand all that. But, 1 mean, that should have taken place a long time ago,
not just before the City Commission meeting.
Chairman Plummer: OK. Item 16. Licenses and miscellaneous business, occupational license,
classification, and rates schedule. Is there a move? Is there a motion?
Commissioner Regalado: I'll move it for discussion.
Chairman Plummer: Move it by Regalado. Seconded...
Commissioner Sanchez: Discussion.
Chairman Plummer: ...by Sanchez.
Commissioner Sanchez: No, no, I didn't second it.
Chairman Plummer: No, not Sanchez. No second.
Vice Chairman Gort: Second.
Chainnan Plummer: Second.
Commissioner Sanchez: Willy for discussion. Discussion.
What...
Commissioner Regalado: Discussion too.
96 June 22, 1999
Chairman Plummer: Go ahead, discuss.
Commissioner Sanchez: What are we raising? What's the increase?
Ms. Bertha Henry: Commissioner Sanchez, this is Bertha Henry.
Yes.
Chairman Plummer: Mr. Sharpton, you are chairman of that study that Ave asked you to do. Would you like
to make your continents first?
Mr. Darryl Sharpton: Yes, I would.
Chairman Plummer: OK.
Mr. Sharpton: I'd like to say hi. Greetings to the Commission, especially you, Honorable Chairman. My
name is Darryl Sharpton. My address is One Southeast Third Avenue, 2I st Floor, Miami, Florida. I stand
before you this afternoon as the Chair of the Occupational License Tax Equity Study Commission. I'll be
verybrief. If I can, I'd just like to give you a little bit of background. Our committee has graciously labored
for some five months now. We were commissioned around February 17th. We worked up until June 10,
1999. I happen to share -- chair the Commission. Serving with me, my Vice Chair was Mirtha Aguirre. My
peer on that was her gracious husband, Horacio Aguirre, who's also here, and Luis Costa. Our charge was
to principally review the current classification and rate structure surrounding the occupational licenses that
the City levies. In a nutshell, our recommendations to you, the Commission, are as follows: And they're
basically in two categories. One, there was a general rate increase of five percent. That five percent
represents, basically, a one point seven percent increase in occupational rates over the next three years.
There was one category, one broad category, from which we actually made a rate reduction and not an
increase. The other was in a -- the other major change or recommendation that we have coming before you
this afternoon pertains to the classification. And the largest change shows up on page 17 of your packet,
associated with this agenda item, whereby the members of my committee felt that there were an inordinate
amount of other tax categories associated with several civil tax line items. We basically eliminated all of
those other taxes and made one tax line item, one other classification line item. As the Chair, I think it's fair
to say that the -- that there were some disenchantment or some disheartening relative to one general rate
classification, and that appeared to be in the area of licensed real estate agents. Those agents appear to be
paying a rate of eight dollars ($8) per license, which is substantially less than most other professional
service licenses, which is around a hundred and ten or a hundred and fifteen dollars ($115) per license. We
also felt that the -- or encouraging the City to be more diligent in your efforts to enforce or hold employers
accountable to see that their employees hold the applicable occupational licenses. And where they don't,
we're recommending that you actually assess and collect penalties towards those business owners, period.
And, finally, we'd like to recommend to you that the incremental revenues that would be generated, if you
should pass this five percent increase, that those incremental revenues be dedicated for the use of business
development efforts within the City. In closing, I'd like to thank you, the Commission, particularly,
Commissioner Teele for having the confidence in my ability to assist you with this effort and, again, in
terms of having an opportunity to work with our great City. Your staff, in this engagement, was
tremendously helpful. They showed a tremendous amount of patience. They were very responsive, namely,
Bertha Henry, Joel Maxwell, Yanel Young, and I'd like to also say thank you to Commissioner Gort, who
also happen to show up at a meeting and give us some words of encouragement. in closing, I'd like to ask
that you accept the report, as included in your package. We think that this is a -- these are modest changes.
We were particularly bound by State Statutes, which indicate that we could only have a rate increase of five
percent, that five percent is a maximum. But I'd like to say again, that it is not a five percent per year. This
is basically a one point seven percent increase over a three-year period.
97 June 22, 1999
Chairman Plummer: Thank you, sir. Mr. Sanchez.
Commissioner Sanchez: Yes, sir. Mr. Chairman, compared to other major cities, what -- how much of a
difference are we looking at?
Chairman Plummer: State Statutes prevail.
Mr. Sharpton: it's hard to answer, Commissioner Sanchez, from a global perspective. When you say how
much of a difference, our rate structure doesn't mirror the rate structure of several other municipalities that I
looked at. For example, there are cities, in and around Florida or other major cities outside of Miami, which
levy the occupational tax based on different formulas than we use. For example, there are several mayor
cities who levy a tax based on size of the business, i.e., square foot and number of employees. There are
very, very few cases of the City of Miami using that formula. There are others that levy a flat rate, a
twenty-five dollar ($25) per license or fifty dollars ($50) per license. So, when I look at the various
formulas, it's kind of very difficult -- not kind of, it is very difficult to give you a generic answer. But I
would say, if I were to look at -- and I did do this. I looked at the rate structure of Coral Gables, of Miami
Beach. The City, in several major categories, that occupational tax that we charge was substantially less
than what other municipalities are charging.
Chairman Plummer: Isn't the maximum set by the State?
Mr. Alejandro Vilarello (City Attorney): The maximum increase.
Mr. Sharpton: The maximum is set by the State as we go forward.
Chairman Plummer: Maximum increase?
Mr. Sharpton: Yes.
Chainnan Plummer: OK. All right.
Commissioner Regalado: Mr. Chainnan?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I remember that this whole issue, that became an issue because of Horacio's
complaints, and he came to you and to me, to all the members of the Commission, and he said that we were
being unfair because several licenses that people would have to pay (inaudible) and I just wanted to know if,
what you've done you think is fair -- that you think that it would not -- in other words, that it would not make
people, like Horacio, move to Coral Gables?
Mr. Sharpton: I certainly think it was fair, that it is fair. Horacio can speak for himself. I would say to you
that we had a very, very -- there were very many lively conversations and discussion in terms of how you
define fair. I'm comfortable with what we have recommended. I think it is certainly fair and in those areas
where we did not think it was fair, and I did list one, in terms of the mortgage broker category, we actually
reduced the occupational rate in the spirit of trying to make sure that that equity existed for all occupational
license taxpayers.
Chairman Plummer: Ms. Henry.
98 June 22, 1999
I
Ms. Henry: The Chairman said that all -- the only thing that I would add, in case that's not in your package,
is that the aggregate amount of such an increase would be in the neighborhood of two hundred and fife
thousand dollars ($250,000).
Chairnan Plummer: All right. All in favor -- wait a minute.
Mr. Vilarello: An ordinance.
Chairman Plummer: Read the ordinance.
Mr. Vilarello: A motion.
Chairman Plummer: Item 16.
Commissioner Regalado: I would -- if I may, I would like to hear from Mr. Aguirre. I would really like to
know about this issue of being fair, and I know that you guys did extraordinary work. But I remember that it
was -- the issue was that we were not being fair, charging several licenses to one office, in his case. And,
mind you, when this issue was discussed, other people complained. So, if I can hear from Horacio.
Mr. Horacio Stewart Aguirre: Horacio Stewart Aguirre, 1000 Brickell Avenue, Suite 620, Miami, Florida.
Commissioner Regalado, the answer to your question is, I believe that the Commission did everything that
was humanly possible within the time allotted and the resources available to find an equitable solution for
all businesses in the City of Miami. We could have spent 20 years discussing fairness and never found the
answer to that. What we tried to do was create a situation where all businesses were, more or less, within
what the State of Florida allowed us to do on a level playing field. I, personally, am very comfortable that
the Chair, the Vice Chair, and the other members of the Commission, with the full support of the fine staff
of the City of Miami did an excellent job. And it is my recommendation that you and your colleagues
accept this proposal.
Chairman Plummer: OK. Who made the motion, Mr. Clerk?
Mr. Walter Foeman (City Clerk): Commissioner Regalado. Seconded by Commissioner...
Chairnan Plummer: And seconded by?
Mr. Foeman: Vice Chairman Gort.
Chairman Plummer: All right. Mr. Gort present? Because I think we have a negative vote coming. Yes or
no?
Commissioner Sanchez: No, I'm going down with it.
Chairman Plummer: OK. Well, it still would pass. Read the ordinance. Have you read the ordinance?
Mr. Vilarello: No.
99 June 22, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED °LICENSES AND MISCELLANEOUS
BUSINESS REGULATIONS/OCCUPATIONAL LICENSES," BY
AMENDING THE EXISTING SCHEDULE OF OCCUPATIONAL
LICENSE TAXES WHICH SETS FORTH THE
CLASSIFICATIONS AND RATE SCHEDULE FOR THOSE
PERSONS OR ENTITIES DOING BUSINESS IN THE CITY OF
MIAMI; MORE PARTICULARLY BY AMENDING SECTION 31-50
OF SAID CODE; 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
[Comments made prior to roll call.]
Chairman Plummer: Hold tight. Mr. Manager, I'm still going to tell you -- I'm filibustering now. Waiting
for another vote to show up. Mr. Manager, I'm still going to tell you, I think it is totally inequitable and
absolutely, in my estimation, crazy. Where we hold the owner of a building responsible for his tenants that
do or do not or the ones who do not have an occupational license. I just don't think that we should be having
to make the owner of a building a policeman, to where he's got to go -- and we can put a lien on his building
if he doesn't force every one of his tenants to have an occupational license. I think it's wrong. I think that it
should be addressed. I just don't understand how we can force a landlord to say, if you don't have it, you
can't move in. I think it's wrong. But that's beside the point. All right. Call the roll.
[Comments made after roll call.]
Chairman Plummer: Sixteen A. Impact fees. There's another good one. Do we have a chairman on that
one? To the committee, by the way, on the occupational licenses, thank you very, very much. All right.
Item 16,
Commissioner Sanchez: J.L., if -- 16. If I could just state for the record why I voted no?
100 June 22, 1999
Chairman Plummer: You should.
Commissioner Sanchez: My district -- the merchants in my district are struggling to stay afloat, and that's
the only reason why 1 don't support this.
Chairman Plummer: I understand what you're staying. Let me tell you, Mr. Sanchez. I operate a small
business. As you know, it's a funeral home and I have a wall of licenses from the State of Florida, from
Dade County, right on down to DERM to Biohazard, to -- you name it, I've got licenses. And every year I
got another license to face. They came in to me the other day and they said, "where is your assembly
permit?" And I said, what is an assembly permit? They said, "fifty dollars" ($50). And the easiest way to
get out of that was to pay the fifty dollars ($50) and say, here, goodbye.
Commissioner Sanchez: But the difference is...
Chairman Plummer: It's just, every time you turn around in business today, they have found another way to
tax you, and it's getting to the point where a lot of people are throwing up their arms and saying, "the hell
with it. Take it. It's yours." I have a friend who has a filling station, who tells me, to do business on an
annual basis, a filling station has to have 54 different licenses. It's getting to be impossible. OK?
Commissioner Sanchez: J.L., the difference is that you could afford it. A lot of the small businesses on 8th
Street are struggling every day, and the City Manager knows because lie's walked 8th Street; he's talked to
them. They're complaining, we don't get enough people to come here and spend money. The economy is
not doing so well in my district and this is -- although, it's a little...
Chairman Plummer: I hear you.
Commissioner Sanchez: It's five percent. You know what, I can't go face them raising them five percent.
27. FIRST READING ORDINANCE: AMEND CODE SECTIONS 13-2 AND 13-6
"DEVELOPMENT IMPACT FEESAN GENERAL," TO ELIMINATE THE EXEMPTION
FROM THE PAYMENT OF IMPACT FEES FOR ANY DEVELOPMENT USING CITY -
OWNED LAND.
Chairman Plummer: All right. Who moves Item 16A? Impact fees. One more time. Sixteen A is a
development impact fees. To eliminate the exception for city -owned land.
Mr. Donald Warshaw (City Manager): This eliminates the exemption of impact fees for developments
taking place on city -owned property. What we're saying is, if you're going to develop land on City property,
you have to pay the impact fee, like everyone else, and the money has to go to fund infrastructure, capital
improvements...
Chairman Plummer: Does that money go directly...
Vice Chairman Gort: I have a question.
Chairman Plummer: Let me ask, if I may?
Vice Chairman Gort: Sure.
101 June 22, 1999
Chairman Plummer: Does that money go directly to the City?
Mr. Warshaw: Yes, sir.
Chairman Plummer: I mean, you know, this poor guy this morning up here with Soyka Restaurant, his
impact fees were, i think, eighty thousand dollars ($80,000).
Mr. Warshaw: That's the City and the County.
Chairman Plummer: No. Then, he had to pay the County for water hookup and another hookup.
Mr. Warshaw: Yeah, but there's a County impact fee.
Chainnan Plummer: You know, I'm telling you. You know, just Sanchez just said. Mr. Manager, we're
driving people's businesses out of existence. This man comes to me the other day about the impact fees on
building a single family house. He said, forget about low income and moderate income. Today, when I
build a house, OK -- bite your tongue -- when I build a house, with the impact fees that I have to pay and
recoup my money through construction loans, he said, there's no such thing as anything left of low income
housing.
Mr. Warshaw: This is not creating a new fee. It's simply leveling the playing field by saying, if you're
going to have the right to develop project on city -owned land, you're going to have to pay the same way a
private developer has to pay.
Chairman Plummer: I hear you, what you're saying.
Vice Chairman Gort: I have a question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: This is business -related only, commercial land, not a residential?
Mr. Warshaw: Correct.
Vice Chairman Gort: Not affect residential area?
Mr. Alejandro Vilareilo (City Attorney): No. This is any development on city -owned land.
Commissioner Sanchez: City -owned land.
Vice Chairman Gort: OK. Then we have -- my question is, we have a Five -Year Plan where we're going to
create affordable housing within certain neighborhoods and, then, one of the things we want to do is build
these houses at the lowest cost possible, to make it affordable to people. Are we going to be charging these
people -- and one of the recommendations from your administration is to provide on City land to these
people enough cost, so that the cost of the house will be lower?
Mr. Warshaw: There are other exemptions for...
Mr. Vilarello: Affordable housing.
102 June 22, 1999
Mr. Warshaw: ...affordable housing.
Vice Chairman Gort: OK.
Mr. Warshaw: So, this only deals with the exemption, other than those that were already...
Chairman Plummer: By a private developer.
Commissioner Sanchez: So moved.
Vice Chainnan Gort: Second.
Chairman Plummer: OK. Moved and seconded. Read the ordinance.
Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 13/ARTICLE I OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"DEVELOPMENT IMPACT FEES/IN GENERAL," TO
ELIMINATE THE EXEMPTION FROM THE PAYMENT OF
IMPACT FEES FOR ANY DEVELOPMENT USING CITY -
OWNED LAND; MORE PARTICULARLY BY AMENDING
SECTIONS 13-2 AND 13-6 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Vice Chairman Gort, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
103 June 22, 1999
28. WAIVE COMPETITIVE BIDS PERTAINING TO DISPOSITION OF CITY -OWNED
PROPERTY UNDER THE AFFORDABLE HOUSING EXCEPTION PROVIDED IN SECTION
29-B OF THE CHARTER; DECLARING SURPLUS AND APPROVING THE SALE OF CITY -
OWNED PROPERTY LOCATED AT 1609 NW NORTH RIVER DRIVE, TO NORTH
RIVERVIEW APARTMENTS, INC.; ($12,500).
Chairman Plummer: All right. Office of Asset Management. Waiving certain competitive bidding on
deposition of City -owned Property, under the affordable housing exception provided, to North Riverview
Apartments. Establishing a twelve thousand five hundred, in an amount to be paid to the City by the
aforementioned corporation. Is that on what? On the...
Ms. Laura Billberry: OK. Hi. Laura Billberry, Director of Asset Management. This is a 25-foot sliver of
land that has been used as parking in connection with an apartment previously called Le Nai Apartments. It
was previously under a lease to a gentleman, Mr. Cuneo, at seventy-five dollars ($75) a month but he has
subsequently passed away. The estate has now sold the property and the new owners would like to acquire
this property from the City for a parking because it's critical for their apartments.
Chairman Plummer: How many square feet is it?
Ms. Billberry: Approximately 3750.
Chairman Plummer: Thirty-seven hundred and fifty.
Ms. Billberry: It comes out to 320 a square foot.
Chairman Plummer: Three dollars and twenty cents ($3.20)?
Ms. Billberry: This is a...
Chairman Plummer: You've got to be kidding.
Ms. Billberry: This is a non -usable, non -buildable piece of property.
Chairman Plummer: you've got to be kidding?
Ms. Billberry: No.
Chairman Plummer: I don't think anything in this City sells for three dollars and twenty cents ($3.20) a
square foot.
Ms. Billberry: We have two comps at a dollar eighty ($1.80) and three twenty. Additionally...
Chairman Plummer: Shame on you.
Ms. Billberry: Additionally, this is being...
Chairman Plummer: Shame on you.
104 June 22, 1999
Ms. Billberry: This is for affordable housing. It's being quick claimed to the gentleman because also...
Chairman Plummer: OK. What's the will of the Commission?
Vice Chainnan Gort: Move it.
Commissioner Sanchez: Move it.
Chainnan Plummer: Move by...
Vice Chairman Gort: Sanchez.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chainnan Plummer: All opposed?
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-434
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), WAIVING CERTAIN COMPETITIVE
BIDDING REQUIREMENTS PERTAINING TO THE
DISPOSITION OF CITY -OWNED PROPERTY UNDER THE
AFFORDABLE HOUSING EXCEPTION PROVIDED IN
SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI,
AS AMENDED; DECLARING SURPLUS AND FURTHER
APPROVING THE SALE OF A CITY -OWNED REAL
PROPERTY LOCATED AT 1609 NW NORTH RIVER DRIVE,
MIAMI, FLORIDA, (THE "PROPERTY"), TO NORTH
RIVERVIEW APARTMENTS, INC.; ESTABLISHING $12,500 AS
THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE
AFOREMENTIONED CORPORATION FOR THE PROPERTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE AND SALE AGREEMENT (THE "AGREEMENT"), IN
SUBSTANTIALLY THE ATTACKED FORM, AND TO
CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH
TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY
BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN
EXPEDITIOUS MANNER.
105 June 22, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
29. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY; AND
APPROVE PROCUREMENT OF POLICE VEHICLE TIRES FROM BAL.ADO NATIONAL
TIRES, INC., ($28,304).
Chairman Plummer: We're now on Item...
Mr. Donald Warshaw (City Manager): Twenty.
Chairman Plummer: ...20. Buying policemen tires. If you'd just slow them down, we'd get more rent out of
them. Twenty-eight hundred -- twenty-eight thousand dollars ($28,000).
Commissioner Sanchez: It's local vendor. So moved.
Chairman Plummer: It's a local vendor. By the way...
Commissioner Regalado: Second.
Chairman Plummer: Where is she? Your record this week is not very good on local vendors. It's been a lot
better in the past. Twenty is moved by Sanchez. Seconded by Gort. All in favor...
Vice Chairman Gort: No. Regalado seconded it.
Chairman Plummer: Regalado seconded it. I mean, big deal. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition. Show it unanimous.
106 June 22, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-435
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A
4/5THS AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY; AND APPROVING THE PROCUREMENT OF
POLICE VEHICLE TIRES PURSUANT TO BID NO. 98-99-108,
FROM BALADO NATIONAL TIRES, INC., FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN
AN AMOUNT NOT TO EXCEED $28,304; ALLOCATING FUNDS
THEREFOR FROM GENERAL SERVICES ADMINISTRATION
BUDGET ACCOUNT CODE 503001-420905.721.
(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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
30. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY; AND
AUTHORIZE AWARD OF THREE YEAR LEASE FOR FIFTEEN ELECTRIC ALTERNATIVE
FUEL VEHICLES FROM GUS MACHADO FORD, ($188,670); AWARDED TO THE CITY OF
MIAMI FROM THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, GOLD COAST CITIES,
ALTERNATIVE FUEL VEHICLES GRANT PROGRAM. _
Chairman Plummer: Twenty-one is a three-year lease on electric alternative fuel from Gus Machado. A
hundred -- what are these vehicles? A hundred and eighty-eight thousand dollars ($188,000)?
Mr. Alex Martinez: Those are the gas -- the electric pick-up trucks. We have a grant for it. It's a matching
grant.
Chairman Plummer: Moved by?
Vice Chairman Gort: I move it. My understanding, this is a grant we received from the State of Florida, in
order to use those vehicles and see if they can be used in the future.
Chairman Plummer: Moved by Gort, Seconded by Regalado. All in favor say "aye."
107 June 22, 1999
The Commission (Collectively): Aye.
Mr. Alejandro Vilarello (City Attorney): Commissioner, both items, 20 and 21, require a four/fifths vote.
A unanimous vote. Note for the record that there were four affirmative votes.
Chairman Plummer: Call the roll, so it's understood.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-436
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A
4/5THS AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY; AND AUTHORIZING THE AWARD OF A
THREE YEAR LEASE FOR FIFTEEN ELECTRIC.
ALTERNATIVE FUEL VEHICLES FROM GUS MACHADO
FORD, (HISPANIC/MIAMI-DADS COUNTY VENDOR 1200 W. 49TIl
STREET, HIALEAH, FLORIDA), FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, IN A TOTAL AWARD
AMOUNT NOT TO EXCEED $188,670; ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO.
311850, IN AN AMOUNT NOT TO EXCEED $94,335, AND A
GRANT IN THE AMOUNT OF $94,335, AWARDED TO THE CITY
OF MIAMI FROM THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL, GOLD COAST CITIES, ALTERNATIVE FUEL
VEHICLES GRANT PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
31. ACCEPT BID OF ALPHA ENGINEERS, INC., FOR PROJECT ENTITLED "CITYWIDE
FUEL TANK RETROFIT B5636"; ($241,942.35).
Chairman Plummer: I don't know what the hell that emergency was. All right. Let's -- you want to come
back to 22 later, when Teele is here? I think we should.
Vice Chairman Gort: Yes.
108 June 22, 1999
Chairman Plummer: All right. Twenty-three is a Citywide Fuel Tank refit.
Mr. Jim Kay (Director, Public Works): Retrofit.
Chairman Plummer: Retrofit. Two hundred and seventy-four thousand dollars ($274,000). What is it?
Mr. Kay: We are removing...
Chairman Plummer: Two hundred seventy-four thousand three hundred sixteen dollars and seventy-five
cents ($274,316.75). They don't tell you about this cheating they do down at the bottom.
Mr. Kay: Sir, this is the replacement of three fuel tanks at the fire -- one at the fire garage, Fire Station
Number 3, Fire Station Number 4.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Anybody wishing to speak to Item 23? All in
favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-437
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF ALPHA ENGINEERS, INC.,
(HISPANIC/MIAMI-DADS COUNTY VENDOR, 1460-N NW 107T"
AVENUE, MIAMI, FLORIDA), FOR THE PROJECT ENTITLED
"CITYWIDE FUEL TANK RETROFIT B5636"; IN THE
AMOUNT OF $241,942.35; ALLOCATING FUNDS THEREFOR
FROM PROJECT NO. 311009, AS APPROPRIATED BY FISCAL
YEAR 1998-1999 APPROPRIATIONS ORDINANCE NO. 11705, AS
AMENDED, IN THE AMOUNT OF $241,942.35 THE CONTRACT
COST, $32,374.40 ESTIMATED EXPENSES, TOTAL
ESTIMATED PROJECT COST OF $274,316.75; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
109 June 22, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
32. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MIAMI-DADE COUNTY
FOR EXTENSION OF WATER AND SEWER MAINS FOR GUARDHOUSE BUILDING
LOCATED IN THE MORNINGSIDE SPECIAL TAXING DISTRICT.
Chairman Plummer: Twenty-four is the guard house for water at the guard house -- at Morningside. Moved
by Gort. Seconded by Sanchez. 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. 99-439
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND MIAMI-
DADE COUNTY FOR THE EXTENSION OF WATER AND
SEWER MAINS FOR A GUARDHOUSE BUILDING LOCATED
IN THE MORNINGSIDE SPECIAL TAXING DISTRICT, MIAMI,
FLORIDA; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 341204.
110 June 22, 1999
(Here follows body of resolution, omitted here and on file in the Off ice of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
33. ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF
EVALUATION COMMITTEE THAT THE MOST QUALIFIED FIRMS, IN RANK ORDER„
ARE: 1) SHL LANDY JACOBS, INC. (SHL-LJ), 2) CENTER FOR ECONOMIC
DEVELOPMENT (CED), AND 3) SHELDON ZEDECK, INC. (SZI), TO PROVIDE AND
ADMINISTER PROMOTIONAL EXAMINATION PROCESSES (PRIMARY AND PARALLEL)
FOR THE CLASSIFICATION OF FIRE LIEUTENANT FOR THE DEPARTMENT OF HUMAN
RESOURCES, AUTHORIZE AGREEMENT, WITH THE TOP RANKED FIRM OF SHL-LJ
t$150,000).
Chairman Plummer: Item 25. The Fire Lieutenants process for two different exams, Moved by Sanchez.
Seconded by Regalado.
Vice Chairman Gort: I have a question.
Chainnan Plummer: I was scared of that.
Vice Chairman Gort: Sorry.
Chainnan Plummer: Go.
Vice Chairman Gort: But we've had a lot of challenges. I know we've never had one from the Department
of Police, but we've had from the Police, where we've hired people to provide tests and then those tests were
being challenged by the individuals and we go to court and it cost us a lot of money. I want to make sure
that we can -- and the Law Department should put something in there, that if they're at fault, anything
happens, there's a bond in there to cover the expenses.
Chairman Plummer: Absolutely. OK. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
III June 22, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-439
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO APPROVE THE FINDINGS OF THE
EVALUATION COMMITTEE THAT THE MOST QUALIFIED
FIRMS, IN RANK ORDER, ARE: 1) SHL LANDY JACOBS, INC.
(SHL-LJ), 2) CENTER FOR ECONOMIC DEVELOPMENT
(CED), AND 3) SHELDON ZEDECK, INC. (SZI), TO PROVIDE
AND ADMINISTER THE PROMOTIONAL EXAMINATION
PROCESSES (PRIMARY AND PARALLEL) FOR THE
CLASSIFICATION OF FIRE LIEUTENANT FOR THE
DEPARTMENT OF HUMAN RESOURCES; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE TOP RANKED FIRM OF SHL-LJ FOR
AN INITIAL TERM OF SIX (6) MONTHS, WITH THE OPTION TO
EXTEND FOR THREE (3) ADDITIONAL SIX (6) MONTH PERIODS,
AT AN ESTIMATED TOTAL COST NOT TO EXCEED $150,000
DURING THE INITIAL AND EXTENDED TERM OF THE
AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE
SECOND OR THIRD RANKED FIRMS SHOULD NEGOTIATIONS
FAIL WITH SHL-LJ; ALLOCATING FUNDS THEREFOR FROM
THE DEPARTMENT OF FIRE -RESCUE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.280601.6.270; FURTHER,
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THESE SERVICES.
(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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
112 June 22, 1999
711
34. AUTHORIZE PURCHASE OF PROPERTY LOCATED WITHIN THE EMPOWERMENT
ZONE, BY ACQUIRING THE PROPERTY OR PURCHASING THE FIRST MORTGAGE
INTEREST FROM FIRST UNION .NATIONAL BANK, AS TRUSTEE, PURSUANT TO TRUST
INDENTURE DATED NOVEMBER 1, 1984, ($75,000); FUNDS FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
Chairman Plummer: Item 26. The property to be bought in the Empowerment Zone. Moved by Gort.
Seconded by Sanchez. 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. 99-440
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI
CITY COMMISSION, AUTHORIZING THE PURCHASE OF A
PROPERTY LOCATED WITHIN THE EMPOWERMENT ZONE,
LEGALLY DESCRIBED IN EXHIBIT "A,"BY ACQUIRING THE
PROPERTY OR PURCHASING THE FIRST MORTGAGE
INTEREST FROM FIRST UNION NATIONAL BANK, AS
TRUSTEE, PURSUANT TO TRUST INDENTURE DATED
NOVEMBER 1, 1984, AT AN AMOUNT NOT TO EXCEED
$75,000; ALLOCATING FUNDS THEREFOR FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL DOCUMENTS NECESSARY TO CONSUMMATE. THE
TRANSACTION, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
113 June 22, 1999
35. AUTHORIZE MANAGER TO ENTER INTO AMENDED MEMORANDUM OF
UNDERSTANDING WITH MIAMI-DADE COUNTY AND THE STATE OF FLORIDA FOR
TRANSFERRING ALL ASSETS AND RESPONSIBILITIES FROM THE MIAMI RIVER
COORDINATING COMMITTEE TO THE MIAMI RIVER COMMISSION. (See section #52).
Chairman Plummer: Item 30, memorandum of understanding for the Miami River Coordinating committee
to turn all of the assets and responsibilities over to the City.
Commissioner Sanchez: So moved.
Chairman Plummer: By Sanchez. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-441
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI, MIAMI-DADE COUNTY AND THE STATE
OF FLORIDA FOR THE PURPOSE OF TRANSFERRING ALL
ASSETS AND RESPONSIBILITIES FROM THE MIAMI RIVER
COORDINATING COMMITTEE TO THE MIAMI RIVER
COMMISSION, WHICH PURSUANT TO CHAPTER 98-402,
SECTION 5, FLORIDA STATUTES, SHALL PERFORM
SUBSTANTIALLY ALL OF THE COORDINATING AND
INTERGOVERNMENTAL COOPERATION ROLES THAT THE
MIAMI RIVER COORDINATING COMMITTEE HAD PREVIOUSLY
PERFORMED.
(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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
114 June 22, 1999
36. APPROVE RECOMMENDATION OF MANAGER TO ACCEPT PROPOSAL FROM
ABRAMSON & ASSOCIATES, INC. FOR REAL ESTATE CONSULTING SERVICES TO
ASSIST IN THE REDEVELOPMENT POTENTIAL OF VARIOUS CITY -OWNED
PROPERTIES; AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT, ($45,000).
Chairman Plummer: A resolution -- 31, a proposal for Abramson & Associates, a real estate consulting
services, forty-five thousand dollars ($45,000). Mr. Manager, is that firm in the City of Miami?
Ms. Arlene Weintraub (Assistant Director, Real Estate & Economic Development): No, sir, it's not.
Chairman Plummer: Well, you're telling me that, of all of the realtors we've got in the City of Miami, you
couldn't find one to do this work?
Ms. Weintraub: We issued a Request for Qualifications and it was publicly advertised, and he's not a
realtor. We only did get the one response from Abramson & Associates, but he has a tremendous amount of
experience locally, with Coral Gables and Miami Beach.
Chairman Plummer: You know, locals will never get experience if you don't use them, OK? This is
necessary by the Manager, who says it's important. I'm going to vote for it. But let me tell you something.
I'll never gain experience if you don't let me go out and do the work and get it through hard work.
Vice Chairman Gort: Do you know how many people he buried before he got his license?
Chairman Plummer: Not enough. Including one sitting -- OK.
Vice Chairman Gort: I have a question.
Chairman Plummer: Question. Mr. Gort.
Vice Chairman Gort: What is the job description for this individual? What's his job? What is he going to
be doing?
Ms. Weintraub: He will be assisting in the redrafting of requests for proposal, unified development project
documents. Our last series, as you probably are well aware, we did not get the kind of response over the last
few years that we had hoped. So, lie is going to do a very technical assessment and rewrite some of the
areas that he feels will make them more bidable and feasible projects for us.
Vice Chairman Gort: OK. Thank you.
Chairman Plummer: 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:
115 June 22, 1999
RESOLUTION NO. 99-442
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE RECOMMENDATION
OF THE CITY MANAGER TO ACCEPT A PROPOSAL FROM
ABRAMSON BSc ASSOCIATES, INC. FOR REAL ESTATE
CONSULTING SERVICES TO ASSIST IN THE
REDEVELOPMENT POTENTIAL OF VARIOUS CITY -OWNED
PROPERTIES; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT
NOT TO EXCEED $45,000 INCLUDING OUT-OF-POCKET
EXPENSES; ALLOCATING AVAILABLE FUNDS THEREFOR
FROM ACCOUNT NO. 660101-270, PROFESSIONAL, SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Vice Chairman Gort, the resolution was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
37. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH BROADCAST MUSIC,
INC., FOR MUSIC LICENSING RIGHTS FOR THE BAYFRONT PARK AMPHITHEATER.
Chairman Plummer: Thirty-two, Broadcast Music, Inc., for music licensing rights at Bayfront Park
Amphitheater. Moved by Gort. Seconded by Sanchez.
Commissioner Sanchez: Second.
Chairman Plummer: On 31, was moved by Sanchez and seconded by Gort. I've got to be honest, Mr.
Manager, I don't know what this licensing it and it's in my park. Do you what it is?
Mr. Alejandro Vilarello (City Attorney): Yes. BMI (Broadcast Music, Inc.) is a -- licenses the copyrights
of the songs that are played during these events. This agreement protects Bayfront Park Amphitheater and
the Bayfront Park Trust from any kind of exposure as a result of the artists playing music, which has
royalties that are paid, and this...
Chairman Plummer: OK.
Mr. Vilarello: We'll pass this on to the...
116 June 22, 1999
Vice Chainnan Gort: Move it.
Chainnan Plummer: Moved by Gort. Seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO, 99-443
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH BROADCAST MUSIC, INC. ("BMI"), FOR
MUSIC LICENSING RIGHTS AT THE BAYFRONT PARK
AMPHITHEATER.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Regalado: All the radio stations do that. Every time you play music, you have to pay penny
or something.
Chairman Plummer: OK. I don't understand all of that.
38. DISCUSS AND DEFER CONSIDERATION OF THE SALE OF CITY -OWNED PROPERTY
AT 1401 & 1441 NORTH MIAMI AVENUE.
Chairman Plummer: Discussion concerning the sale of 1401-41 North Miami Avenue? Administration?
Hello? I'm calling collect.
Ms. Laura Billberry (Director, Asset Management): This is being brought...
Chainnan Plummer: Hey, you got about ten thousand dollars ($10,000) an Dour sitting in this back room
doing nothing. Bring them out here. Make them be visible.
117 June 22, 1999
Ms. Billberry: This item is a discussion item regarding the former Fire Station 2 that's being brought back
to the Commission at your request. Prior to the Commission previously declared it surplus and asked that
we bring back the invitation for your consideration.
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman?
Chainnan Plummer: Mr. Teele.
Commissioner Teele: I feel very, very strongly that this item is premature. We are about to spend two
hundred million dollars ($200,000,000), the County is, to build a Performing Arts Center. The value of this
building is going to go up dramatically. The City has held on to it. 1...
Chairman Plummer: Let me ask this question. How much would we be getting if we sold it?
Ms. Billberry: We're requesting a minimum bid price of two hundred thousand. The highest...
Chairman Plummer: Mr. Teele recommends a deferral. Is there a second?
Commissioner Teele: Well, look, if you don't want to defer it, then, you know, I'm not going to hold
anything up. All that I'm telling you is this, no one in the private sector that owns land, next to the
Performing -- this close to the Performing Arts Center, that has owned land for 30 years, would build it
before they build a -- would sell it before they build a park, the Performing Art Center. This is a two
hundred and fifty million dollar ($250,000,000) investment that's going to be going into this area and, you
know, if...
Chairman Plummer: What about the Arena?
Commissioner Teele: This is not next to the Arena. This is right next to the Performing Arts Center.
Chairman Plummer: All right. The only problem I have with the sale of this property -- I'm going to be
honest with you -- I know what's proposed to go in there and that bothers me.
Commissioner Teele: Well, you see, if you know what's proposed, then the public should know. Because I
don't know.
Commissioner Sanchez: I don't know.
Chairman Plummer: Well, I'll tell you. There's a gentleman from Miami Beach, who approached my office
in reference to the acquisition of this property, to put in a beer garden.
Commissioner Sanchez: A what?
Chainnan Plummer: A beer garden. And I just don't think that we have the need in that area for a beer
garden. Now, you know, I can't regulate -- when a person buys a piece of property, I can't say what he can
put on it.
Vice Chairman Gort: Mr. Chairman?
118 June 22, 1999
Ms. Billberry: This is in the...
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Hold on. Mr. Gort is first.
Vice Chairman Gort: My understanding is, that's one of the areas that DDA (Downtown Development
Authority) was looking at and we came out with an idea that created an entertainment center and they're to
try to bring some businesses to come over here and create that. My understanding is, three of the corners
have been bought and have been developed and studios are being...
Mr. Donald Warshaw (City Manager): That's correct.
Vice Chairman Gort: Studios are being set up in there to provide jobs and all that. We are working very
hard in trying to bring the entertainment world to people that have a lot of competition, that can't afford to
pay the prices that are in South Beach. There is no longer anymore room in South Beach. And this area we
have several studios that are interested in that area and coming back into that area. Now, my understanding
is -- and can I see what Commissioner Teele is stating but this... the Art Center is something that could take
two to three years to be built, to be done. The entertainment neighborhood in there is coming along. It's
coming good. Now, my understanding is, we can put certain restrictions on the use of this property and
that's up to this Commission.
Commissioner Teele: Mr. Chainnan, I have no...
Chairman Plummer: Mr. Teele.
Commissioner Teele: ...interest in restricting the use of the property. What I believe is that it is not in the
public interest that we sell a piece of land right now that is so close to the Performing Arts Center, that is
literally in a corridor --but again, you know, this is the way the City does business. I don't --I'm just going
to vote against it. I'm not trying to hold it up. I don't care if it's a beer garden or a church parlor. I mean,
personally, I just think the value of this land, today, is really not going to be reflective of what is going on in
that neighborhood. You've got big time entertainment that is -- that, right next door, has turned into a major
post -broadcast facility. This area is the 14th Street. It's the only east/west access from Biscayne Boulevard
to 12th Avenue, Seventh Avenue going acress. It's the main east/west access, other than -- anywhere from
downtown up to 36th Street. And...
Vice Chairman Gort: Look, I don't have any problem. You feel that way, I move it to defer. Don't do
anything.
Mr. Warshaw: Can I just make...
Commissioner Regalado: If I...
Chairman Plummer: Mr. War -- Mr. Regalado. I'm sorry.
Commissioner Regalado: I don't have any problem either but I'm just curious. This was a former fire
station, right?
Ms. Billberry: Correct.
119 June 22, 1999
Chairman Plummer: Fire Station Number 2.
Commissioner Regalado: OK.
Chairman Plummer: Then, it was a drug rehabilitation by Dr. Ben Shepard.
Commissioner Regalado: Is it not...
Chairman Plummer: Then, the termites unfolded their arms and it fell.
Commissioner Regalado: Is it not a former fire station, what we have on 27th Avenue, northwest and 1st
Street?
Ms. Billberry: That's correct.
Commissioner Regalado: OK. Several months ago, Cuban Municipalities group went to the City and
wanted to buy that abandoned building and they were told that they have to go through a bid process; that
three persons or three entities...
Chairman Plummer: That's correct.
Commissioner Regalado: ...have to bid and all that. If not, well, they couldn't do it. So, what you're
proposing here is that we approve to sell to just one person?
Chairman Plummer: No.
Mr. Alejandro Vilarello (City Attorney): No, no.
Ms. Billberry: No, no. This is to authorize the issuance of an invitation to bid. It would be a competitive
process.
Mr. Vilarello: It just establishes a minimum.
Chairman Plummer: Mr. Warshaw. Wait. Mr. Warshaw.
Mr. Warshaw: And that's correct. This would be the same process for the one on 27th Avenue, if we were
to go that route.
Chairman Plummer: Don't beat it. You're going to lose. OK.
Mr. Warshaw: Let me just say what the issue is. And I know what Commissioner Gort and Commissioner
Teele both said. Big time productions, proximity to this and their change in the neighborhood. There's a lot
of interest in this piece of property. The reason we want to move forward with it is the building is
deteriorating badly and...
Chairman Plummer: Years ago.
Mr. Warshaw: And it is. So, we wait years -- and I've spoken with Lori and asked her, you know, what we
feel this building could appreciate to? And it probably could appreciate some. But we are concerned that
the building is falling apart and there are a lot of interested people in this particular piece of property. Now,
120 June 22, 1999
that's just for the record.
Chairman Plummer: When they come with a half a million dollars ($500,000), bring it back.
Mr. Warshaw: Maybe they will offer us that much.
Chairman Plummer: Mr. Teele offers a deferment. Mr. Gort seconds the motion. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show it unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-444
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 33
(PROPOSED SALE OF CITY -OWNED PROPERTY AT 1401 AND
1441 NORTH MIAMI AVENUE).
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
39. A DIRECTION TO THE CITY MANAGER TO SEND A LETTER OF CONGRATULATIONS TO
GWENDOLYN BOYD ON HER BEING NAMED POLICE CHIEF OF MIRAMAR, FLORIDA;
FURTHER DIRECTING THE CITY MANAGER TO SEND A LETTER OF CONGRATULATIONS TO
THE CITY OF MIRAMAR ON THEIR SELECTION OF MS. BOYD AS THE POLICE CHIEF.
Chairman Plummer: Mr. Manager, by the way, so I don't forget. You know, my heart just ain't what it used
to be. I think we should send a letter of congratulations by this board to Gwendolyn Boyd, who became the
Police Chief this morning of Miramar. One of our -- Gwendolyn Boyd, one of our people, who retired from
the City of Miami, is now the Police Chief of Miramar and I would hope, Mr. -- I'll offer the form of a
motion, which I can do legally. Seconded by...
Commissioner Teele: Second the motion.
Chairman Plummer: Mr. Teele, that we send a letter of congratulations to, first, the City of Miramar for
their fine selection and, second of all, to Gwendolyn, herself.
121 June 22, 1999
Mr. Donald Warshaw (City Manager): And I'd like to just add too, that to a standing room only crowd,
yesterday, she praised her years of experience and learning in Miami.
Chairman Plummer: Hey, hey, hey, no commercials. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All right.
Vice Chainnan Gort: Look at all the people we train here for other municipalities.
Chairman Plummer: Yeah, that's true.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-445
A MOTION CONGRATULATING GWENDOLYN BOYD, A
RETIRED CITY OF MIAMI POLICE MAJOR, ON HER BEING
NAMED POLICE CHIEF OF MIRAMAR, FLORIDA: FURTHER
DIRECTING THE CITY MANAGER TO WRITE A LETTER OF
CONGRATULATIONS TO IVIS. BOYD AND ANOTHER LETTER OF
CONGRATULATIONS TO THE CITY OF MIRAMAR.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
40. DISCUSSION CONCERNING SURVEILLANCE CAMERAS FOR LITTLE HAITI —
ENDORSE THEIR USE FOR ILLEGAL DUMPING OF TRASH.
Chairman Plummer: Surveillance cameras for Little Haiti. Is that a surveillance carnera that you have
there? Would you send me a picture if you caught him sleeping at the chair? Mr. Manager, Major Darling.
Major Darling: Good afternoon. In reference to the surveillance cameras in Little Haiti, the surveillance
cameras are operational. I have here the person who is in charge of the Environmental Protection Squad for
the City of Miami. He's going to give you a little information on what we're doing in that regard.
Chairman Plummer: For the record, your name. Hello?
122 June 22, 1999
Mr. Robert Rodriguez: How are you doing? First, I'd like to...
Chairman Plummer: Your name.
Mr. Rodriguez: Detective Robert Rodriguez, City of Miami.
Chairman Plummer: OK.
Mr. Rodriguez: I'm one of the decorative assigned to the Environmental Protection Squad. i didn't know I
was going to come today. Excuse me for the dress.
Chairman Plummer: There's nothing wrong with that.
Mr. Rodriguez: Yes. We have used -- the SIS (Special Investigations Section) Unit has used, on several
occasions, has used surveillance cameras, especially in the Environmental Protection, to assist us in
arresting numerous people. We don't usually get positive ID's (identifications), but we do get a lot of the
times and the MO's (modes of operation), the methods of operations of these people.
Chairman Plummer: Are you doing it only in Little Haiti?
Mr. Rodriguez: We do it citywide.
Chairman Plummer: All right. Because I suggested the other day, on the corner of Thomas and Hibiscus, I
don't care how many times a day they pick up, the next day it is piled high. And I think that if you could
stop it there, it is absolutely incredible the amount of illegal dumping that goes on there. That's Thomas and
Hibiscus for starters.
Mr. Rodriguez: I'll make a note of it.
Chairman Plummer: Does anybody else have any...
Vice Chairman Gort: Mr. Manager? Yes, I do.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I think all our NET (Neighborhood Enhancement Team) services, are aware and they
know where all the illegal dumping is taking place. I think this is a great program. We have talked for a
long time and this should be established. And I think with the fines, that we can place -- put on those
individuals, we can pay for those -- this can become a self-contained program. And I think we need to do it
through the whole City. I'll make the motion.
Chairman Plummer: All right.
Commissioner Teele: Second,
Chairman Plummer: All in favor say "aye."
Commissioner Teele: What was your motion?
Chairman Plummer: Motion to do it citywide.
123 June 22, 1999
Vice Chairman Gort: No, no. The motion is to pass as 34.
Chairman Plummer: To do what?
Vice Chairman Gort: What's in front of us.
Chairman Plummer: Well, that's already in operation. All they're doing is making a report on it.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 99-446
A MOTION ENDORSING THE USE OF SURVEILLANCE
CAMERAS BY THE POLICE DEPARTMENT IN CONNECTION
WITH ILLEGAL DUMPING OF TRASH THROUGHOUT THE CITY
OF MIAM1.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: All right. Item 35. Let's hold 35. Is Teele here?
Vice Chairnan Gort: Yeah.
Chairman Plummer: Oh, he is here. OK. Let's see if we can't get some of the public out of here, then we
can come back to it. We came back on 22 for Teele. We can do that. We'll hold 35. We'll hold it. We'll
hold 35. Thirty-six. Thirty-six. What is that?
Mr. Walter Foeman (City Clerk): Thirty-six.
Chairnan Plummer: Which one is it?
Unidentified Speaker: I don't know. You don't label it. You sent these notices to people and people show
up and...
Vice Chairman Gort: That's Planning and Zoning.
Chairman Plummer: Is that Planning and Zoning?
124 June 22, 1999
Vice Chainnan Gort: Yes.
Chairman Plummer: Well, it should have said after what time? What item? PZ what? PZ what?
Mr. Donald Warshaw (City Manager): I didn't see the number.
41. APPOINT MAYOR / COMMISSIONERS AS CHAIRPERSONS / MEMBERS OF BOARDS.
Chairman Plummer: OK. All right. We're talking about now the members of the City Commission that are
Chairmen of the boards. I am on Bayfront Park. Regalado on the Coconut Grove Festival. I guess I'm
asking, does anybody want to make changes?
Commissioner Sanchez: There is an open one.
Mr. Walter Foeman (City Clerk): Chairman...
Chairman Plummer: Dade Legal Cities is Mr. Gort.
Mr. Foeman: Chainnan Plummer. Excuse me. On Coconut Grove Festival Committee, Commissioner
Regalado requested to no longer serve as chairperson.
Chairman Plummer: Does anybody volunteer?
Mr. Foeman: But he would like to remain as a member.
Chairman Plummer: All right.
Mr. Foeman: ...to said board.
Chairman Plummer: Then, so be it. We'll make that notation. Mr. Gort, DDA (Downtown Development
Authority).
Vice Chairman Gort: That's fine.
Chainnan Plummer: Enterprise Zone, Mr. Teele.
Commissioner Teele: Mr. Chairman, may I -- I assume that, on all board appointments that are reflected
Commissioner Hernandez, that Commissioner Sanchez is assuming those?
Chairman Plummer: If he accepts or wants them, yes, sir.
Commissioner Teele: Well, I would just move that on all board appointments that a chair -- that are shown
by Commissioner Hernandez, that they be replaced with Commissioner Sanchez.
Chairman Plummer: How many are there? I thought there was only -- oh, there's two. All right.
Commissioner Teele: There's two, Jobs and Education...
125 June 22, 1999
Chairman Plummer: i just don't want to load him down.
Mr. Foeman: Commissioner, excuse me. Can i respond to the Jobs and Educational Regional Partnership?
That particular one they have now deleted public, elected officials serving on that board. So, that one...
Chairman Plummer: So, that's " x'd" out?
Mr. Foeman: That one is N'd" out.
Chairman Plummer: OK. i sit on Florida Legal Cities, which I wish to remain. Mr. Sanchez is ITB
(International Trade Board). All right. The regional -- the pick is out. Little Havana Festival Committee.
Commissioner Sanchez: I would...
Chairman Plummer: Sanchez.
Commissioner Sanchez: (inaudible) ask Commissioner Regalado, to respect seniority.
Chairman Plummer: Well, we can't do both. All right. We'll come back when he gets here. Metro -Dade
Action Community Board, Hernandez now becomes Sanchez. Miami Dade HIV/AIDS Partnership, Mr.
Sanchez. Miami Sports and Exhibition Authority, the Mayor is the chairperson. Sanchez.
Commissioner Sanchez: I'll say.
Chairman Plummer: OK. And Omni Community Redevelopment, the chair is Teele, and the Vice Chair is
Gort. Southeast Overtown, Chairman is Teele. Vice Chairman is Gort. South Florida Employment and
Training Consortium is Plummer. I'll continue, if you wish. TDC is Plummer. I'll continue, if you wish.
Dade County Visitors, Voluntary Educational Service Training Trust. I never heard of that one. Regalado.
Mr. Gort serves on a board -- who serves on the board of the Greater Miami Convention Bureau?
Vice Chairman Gort: I do.
Chairman Plummer: How come that's not on this list? Mr. Clerk?
Mr. Walter Foeman (City Clerk): What board is that, Commissioner -- Mr. Chairman?
Chainnan Plummer: This is the Greater Miami Convention...
Vice Chairman Gort: That's not a City board. Can't be appointed to that board.
Chainnan Plummer: It says members of boards, not necessarily City boards.
Mr. Foeman: These are...
Chairman Plummer: Florida Legal Cities is not a City board.
Vice Chainnan Gort: Is that on there?
Chairman Plummer: Yes. Dade Legal Cities is in there. All right. Well, put it in there.
126 June 22, 1999
Mr. Foeman: OK. So, would you repeat the name of the board again?
Chairman Plummer: The Greater Miami Convention and Visitors Bureau. Mr. Gort is our representative
there. Mr. Talbot, now what do you two guys -- which one of you want to serve on the Little Havana --
Little Havana Activities Festival Board will be Mr. Regalado. Motion is in order that all of the...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele
Commissioner Teele: Mr. Chairman, it's my understanding that the Governor has gone along and allowed
us to have a representative from the City on the MPO (Metropolitan Planning Organization) and, if so, I
would like to serve on the MPO.
Chairman Plummer: It is so ordered, along with all of the rest of the stated previously. All in favor say
"aye." All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Hey, are you listening?
Vice Chairman Gort: Yes, I am. Already listened enough of you.
Chairman Plummer: We're going to miss you.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-447
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING MEMBERS OF THE MIAMI CITY COMMISSION AS
CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS,
AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
127 June 22, 1999
42. DEFER CONSIDERATION OF PROPOSED RFQ FOR A MANAGEMENT CONTRACT
FOR THE DEPARTMENT OF OFF-STREET PARKING.
Chairman Plummer: Discussion concerning the request for qualifications management contract for the
Department of Off -Street Parking. What is this? This is the Mayor's item and he is not here.
Commissioner Sanchez: Thirty-six A.
Chairman Plummer: Then we defer it?
Commissioner Teele: Well, ask the Manager to give us an update on it.
Chairman Plummer: Mr. Manager?
Mr. Donald Warshaw (City Manager): I don't really have an update on it, other than the Mayor placed it on
his discussion item as a means to potentially look at going out for a management contract to track additional
revenues for the City. But, beyond that...
Commissioner Sanchez: Out of respect for the Mayor not being here, I ask to defer.
Chairman Plummer: Motion to defer.
Vice Chairman Gort: Second.
Chairman Plummer: Second. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-448
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 36-A
(PROPOSED REQUEST FOR PROPOSALS [RFP] FOR A
MANAGEMENT CONTRACT FOR THE DEPARTMENT OF OFF-
STREET PARKING).
128 June 22, 1999
Upon being seconded by Chairman Plummer, 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.
43. DISCUSSION CONCERNING THE DISSOLUTION OF THE AD HOC CITIZENS
ADVISORY COMMITTEE FOR VIRGINIA KEY, A SUBCOMMITTEE OF THE
WATERFRONT ADVISORY BOARD, (See section # 51).
Chairman Plummer: Virginia Key Ad Hoc Committee. The dissolution -- to get rid of the committee for
Virginia Key Ad Hoc Citizens Committee. Moved by Gort. Seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-449
A MOTION TO DISSOLVE THE AD HOC CITIZENS ADVISORY
COMMITTEE FOR VIRGINIA KEY, A SUBCOMMITTEE OF THE
WATERFRONT ADVISORY BOARD.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
129 June 22, 1999
44. DEFER CONSIDERATION OF APPOINTMENTS TO ZONING BOARD.
Chairman Plummer: We're now on...
Commissioner Regalado: Mr. Chainnan?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: We are -- just to clarify. We are appointing members to the Historic Virginia
Beach Committee, is that correct, Mr...
Chairman Plummer: You have that opportunity, yes.
Commissioner Regalado: Is it today?
Chairman Plummer: You can appoint them at any time you wanted, by memo.
Commissioner Regalado: By memo, OK.
Chairman Plummer: All right. I will pass on my appointment to the Zoning Board. Mr. Teele, is he
present?
Commissioner Teele: Yes.
Chairman Plummer: Your appointment to the Zoning Board or do you pass?
Commissioner Teele: No, I have an appointment.
Chairman Plummer: And that name is?
Commissioner Teele: Could you give me three seconds. I think it's Gerald Williams. Let me...
Chairman Plummer: All right. We'll come back to it.
Mr. Walter Foeman (City Clerk): Needs to submit an application.
45. APPOINTING MEMBERS OF THE LITTLE HAVANA FESTIVAL COMMITTEE -- JOSE
MARBAN, ANGEL SAYON, JESUS MORALES (See section # 64).
Chairman Plummer: Little Havana Festival Committee. Each one -- I'll pass. Each one of us have an
appointment. Does anybody have a name?
Commissioner Regalado: Yeah, I do.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Angel Sayon.
130 June 22, 1999
0
Chairman Plummer: Who?
Commissioner Regalado: Angel Sayon.
Chairman Plummer: OK. I'm sure Josie knows how to spell that. Mr. Sanchez.
Commissioner Sanchez: Jesus Morales.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Jose Marban.
Chairman Plummer: Mr. Teele. This is Little Havana Festival Committee.
Commissioner Teele: No appointment.
Chairman Plummer: We will defer that one out.
46. DEFER CONSIDERATION OF APPOINTMENTS TO ZONING BOARD.
Chairman Plummer: All right. Did you find your one for the Zoning Board, sir?
Commissioner Teele: I'm being advised that it's Georges Williams.
Chairman Plummer: Georges Williams. All in favor of the names proffered...
Mr. Walter Foeman (City Clerk): Chairman Plummer, he needs to submit an application on file. We'd be
happy to provide him with that.
Commissioner Teele: All right.
Chairman Plummer: It's not on file?
Mr. Foeman: No. You only can...
Chairman Plummer: All right, then. So, that's deferred out. All right.
47. APPOINT MEMBERS OF THE JOBS AND EDUCATION PARTNERSHIP REGIONAL
BOARD -- JOHN ANDREWS, EDUARDO PADRON, WILLIAM RILEY, SARA HERALD, FARIDES
MAY, WILBERT T. HOLLOWAY, HOWARD GARY, MARY SUE ALLAN, JESSE L. BROOKS, III,
RUBEN BURKE, DANIA CARRILLO, DANIEL FILS-AIME, MARIO O. GUTIERREZ, DONALD W.
MARX, DONNA G. MASSON, RAFAEL J. SCHUCK, RODOLFO (RUDI') A. SUAREZ, NELSON
TARKE, WILLIAM C. WEBB, III.
Chairman Plummer: Jobs and Educational Partnership Regional Board. To my colleagues, these are the
names that we came up with people who were interested. Unless you have an objection, I would say that we
approve it in total. Anybody have a problem? Anybody have a motion?
Commissioner Regalado: Motion. Move it.
131 June 22, 1999
Chairman Plummer: Moved by Regalado. Seconded by Teele. All in favor on that, say "aye."
The Commission (Collectively): Ave.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-450
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
JOBS AND EDUCATION PARTNERSHIP REGIONAL BOARD
(Here follows body of resolution, omitted here and oil 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 Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
49. APPOINTING MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD: RADAMES PEGUERO, ANGEL URQUIOLA, MARIO MARTI, PRICILIANO FALCON,
JUANDA G. FERGUSON. (See section # 50).
Chairman Plummer: Citywide Community Development Advisory Board. Gort. Everybody has two
appointments. I'll defer on mine.
Vice Chainman Gort: I'll rename the same two individuals.
Chairman Plummer: Gort renames his two. Mr. Regalado.
Commissioner Regalado: Mario Marti, Prisciliano Falcon.
Chairman Plummer: All right. Mr. Sanchez? Mr. Teele?
Commissioner Teele: Mr. Chairman, I would like to defer until I see the transcript of that last meeting that
we discussed.
Chairman Plummer: All right, sir. And I'll defer. And I'll defer Sanchez because he's not here. Item 41,
Coconut Grove Standing Festival Committee. I defer. Mr. Gort.
132 June 22, 1999
I
Vice Chairman Gort: Same individual, Ted Stahl.
Chairman Plummer: Same as before.
Mr. Walter Foeman (City Clerk): Commissioner -- excuse me. Chairman Plummer, can we call the roll on
Commissioner Gort's appointment?
Chairman Plummer: All in favor of the names proffered, say "aye."
The Commission (Collectively): Aye.
Mr. Foeman: Does that...
Chairman Plummer: All those opposed say "aye."
Mr. Foeman: Excuse me. Does that also include the At -Large election in the Model Cities area, because we
need a conformation on that?
Chairman Plummer: I'm sure that would include that, yes.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-451
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AND CONFIRMING THE
ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN. (This item was
deferred from the meeting of 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 Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
133 June 22, 1999
49. APPOINT MEMBERS OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE:
TED STAHL, SILVIA MORALES CEJAS. (See section # 64).
Chairman Plummer: All right. Mr. Gort renames his to the Coconut Grove Standing Festival. Mr.
Regalado.
Commissioner Regalado: Silvia Morales Cejas.
Chairman Plummer: Commissioner Teele,
Commissioner Teele: No appointment.
Chairman Plummer: Defer. And I'll defer Sanchez again because lie's not here.
50. COMMENTS re ELECTION OF MODEL CITY TARGET AREA REPRESENTATIVE
(.IUANDA G. FERGUSON) TO THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD. (See section # 48)
Commissioner Teele: Mr. Chairman, may I ask the Clerk to state on the record the person that we have in
our files that was elected from Model Cities to CDBG (Community Development Block Grant) Board?
Mr. Walter Foeman (City Clerk): The person's name is Geniece Ferguson.
Commissioner Teele: And...
Mr. Foeman: And there was also an election in Overtown, but we haven't received the support
documentation from that, as far as results. As soon as we get that, we'll schedule that for confirmation.
Commissioner Teele: But that was included in Commissioner Gort's motion?
Mr. Foeman: Yes, it was.
51. DISSOLUTION OF THE AD HOC CITIZENS ADVISORY COMMITTEE FOR VIRGINIA
KEY, A SUBCOMMITTEE OF THE WATERFRONT ADVISORY BOARD. (See section # 43)
Chairman Plummer: The City Attorney is advising me, we have a problem with 36B, as in boy. That's the
Ad Hoc Committee.
Mr. Alejandro Vilarello (City Attorney): Yes. As presented in your package, it just requests a motion
dissolving the board. That action needs to be by resolution and the resolution that I have provided just
simply thanks the board for their committee, for their work, and dissolves the board -- the committee.
Chairman Plummer: So be it.
Mr. Vilarello: It's an attachment resolution to 36B.
Chairman Plummer: All in favor say "aye."
134 June 22, 1999
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-452
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUNSETTING THE AD HOC CITIZENS ADVISORY COMMITTEE
FOR VIRGINIA KEY ESTABLISHED BY MOTION 98-761, AND
EXPRESSING TO THE MEMBERS OF SAID COMMITTEE THE
CITY COMMISSION'S APPRECIATION FOR THEIR
COMMITMENT AND SERVICE TO THE CITY; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE MEMBERS OF THE AD HOC CITIZENS
ADVISORY COMMITTEE FOR VIRGINIA KEY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
52. AUTHORIZE MANAGER TO ENTER INTO AMENDED MEMORANDUM OF
UNDERSTANDING WITH MIAMI-DADE COUNTY AND THE STATE OF FLORIDA FOR
TRANSFERRING ALL ASSETS AND RESPONSIBILITIES FROM THE MIAMI RIVER
COORDINATING COMMITTEE TO THE MIAMI RIVER COMMISSION. (See section # 35)
Chairman Plummer: What was the other one?
Mr. Alejandro Vilarello (City Attorney): On Item 30, you've already adopted Item 30.
Chairman Plummer: Correct.
Mr. Vilarello: I need a request -- to request that the Commission reconsider that item. We need to add
language to the resolution about the transfer of ownership.
Chairman Plummer: Motion by Regalado, seconded by Gort for reconsideration. All in favor say "aye."
The Commission (Collectively): Aye.
135 June 22, 1999
Mr. Vilarello: The resolution should read that -- it authorizes the transferring of all assets and
responsibilities from the Miami River Coordinating Committee to the Miami River Commission or a
not -for -profit corporation created by the Commission to fulfil) the purposes of the Commission as set forth
in law.
Chairman Plummer: Moved by Gort. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-453
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON
RESOLUTION NO. 99-441 (TRANSFERRING ALL ASSETS AND
RESPONSIBILITIES FROM THE MIAMI RIVER COORDINATING
COMMITTEE TO THE MIAMI RIVER COMMISSION).
Note for the Record: Said issue was immediately thereafter passed as
Resolution No. 99-454, as modified.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-454
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI, MIAMI-DADE COUNTY AND THE STATE
OF FLORIDA FOR THE PURPOSE OF TRANSFERRING ALL
ASSETS AND RESPONSIBILITIES FROM THE MIAMI RIVER
COORDINATING COMMITTEE TO THE MIAMI RIVER
COMMISSION ("COMMISSION"), OR A NOT -FOR -PROFIT
CORPORATION CREATED BY THE COMMISSION TO FULFILL
THE PURPOSES OF THE COMMISSION AS SET FORTH BY LAW.
136 June 22, 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 Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
53. APPOINT MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND
ENVIRONMENT: JOSE ABREU, RALPH BEAUDRY, DAVID BROWN, GEORGE CHILDS, PAT
CLARKE, PEGGO CROMER, BILL DOBSON, HELEN EDISON, JOY FINSTON LANDY, CHIEF
CARLOS GIMENEZ, LENNY GOLDSTI.EN, WILLIS HARDING, GARY HUNT, ADOLFOI
JIMENEZ, RUTH KASSERWITZ, JONATHON KRONER, PENNY LAMBETH, NANCY
MASTERSON, ROBERT McCABE, REV. PETER NAGY, PETER OSTROWSKY, STEVE
PEARSON, CARMEN PETSOULES, STANLEY PREVOST, BOB ROSS, SUZANNE SALICH,
LARRY SCHOKMAN, DOROTHY SIEDEN, ROBERT H. SMITH, ALBENA SUMNER, CARROLL
THOMAS, JOYCE THOMPSON, BETTY WALDOR, DONALD WARSHAW, JOHN HARRIS, JOE
WILKINS, RUTH HOPKINS- ROSENTHAL.
Chairman Plummer: Committee for the Beautification and Environment. I'll make a motion that all
members present be reappointed.
Mr. Walter Foeman (City Clerk): Chairman Plummer, does that also include the blanket waiver that
formally include those...
Chairman Plummer: Yes, of course, it does. Moved by Gort, seconded by Regalado, for the Beautification
Committee. Mr. Manager, all kidding aside. You know, those people serve at voluntarily. They have no
money for stationary. Forget about staff. The Beautification -- and, you know, I've got to tell you. Those
people, they ask all of the time -- maybe for the last year or so they haven't. They've been turned down so
many times. You know, at least, give them money for stationary. I mean, my God.
Mr. Donald Warshaw (City Manager): They'll tell us what they need.
Chairman Plummer: Well, would you ask them to surrender to you a minimal, a minimal, OK?
137 June 22, 1999
54. ACCEPT DONATION OF STATUE BY VICTOR ALBA, HISPANIOLA TRAVEL AND
SERVICES, INC., AND ASOCIACION COMUNAL DOMINICANA TO BE INSTALLED
PLACED IN AN UNUSED OCTAGONAL BUILDING LOCATED AT JUAN PABLO DUARTE
PARK, 2800 N.W. 17Tn AVENUE.
Chainnan Plummer: All right. A donation of a statue by Victor Alba.
Vice Chainnan Gort: My understanding is, it's more than a donation for the statue. My understanding is, if
you all recall, we renamed this park the Duarte...
Chainnan Plummer: Duarte Park
Vice Chairman Gort: And we have...
Mr. Alberto Ruder (Director, Parks and Recreation): Juan Pablo Duarte.
Chairman Plummer: All right.
Vice Chairman Gort: What do you have the -- what did we call the little building...
Mr. Ruder: It's a small, unused, octagonal building, about 120 square feet, approximately.
Vice Chairman Gort: They're willing to fix it and maintain it and I think we should do it. They'll donate
around six thousand dollars ($6,000) to do so. I'll make the motion.
Mr. Ruder: All right. I wanted to remind you that there's a Cultural and Fine Arts Board that the
Commission established. That board hasn't met. It does refer to the fact that this board would recommend
to the Commission, make recommendations as to "Art." Art isn't defined in the ordinance, but I think the
Law Department agrees that you can still take this action today, even though the board hasn't ►net.
Vice Chairman Gort: I'm not an expert on this, but my understanding is, getting somebody to come into a
park and utilize the six thousand dollars ($6,000) to fix a structure that has not been fixed or taken care by
us and allow them to put a statue of the individuals, I don't have any problem with that. I don't think that's
art. And that's why I make the motion.
Mr. Ruder: OK, OK.
Chairman Plummer: Motion...
Mr. Alejandro Vilarello (City Attorney): Commissioner, just...
Chairman Plummer: Wait a minute.
Mr. Vilarello: I'm sorry.
Chairman Plummer: The motion is made. Is it seconded?
Commissioner Sanchez: Second.
138 June 22, 1999
Chairman Plummer: Second. All right. Mr. City Attorney.
Mr. Vilarello: Just to follow-up on Commissioner Gort's comment. The referral to the board is not
mandatory. The City Commission is authorized to proceed with this action.
Chairman Plummer: Mr. Ricker.
Mr. Daniel Ricker: Daniel Ricker, 4302 Ingraham Highway. So, Comstock Park is taking on a new --
whole new thing. What I wanted to do here with the Juan Pablo Duarte Park and the statue was suggest
that, since he was the father of the Dominican Republic, is it possible to have a plaque underneath it, in
Spanish and in English, explaining exactly who he is and his significance in leading the people of the
Dominican Republic to freedom?
Chairman Plummer: That's a very good idea.
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: That's the idea behind it. One of the things we're going to do, we're going to have sort
of a museum and just what you stated, saying in English and Spanish why this individual was named here.
Mr. Ricker: Because it's one of the things...
Vice Chairman Gort: And, also, their culture and what they have done on behalf of Allapattah and what
they are doing in that neighborhood.
Chairman Plummer: All right. Mr. Sanchez.
Commissioner Sanchez: A friendly amendment to that would be that there be a plaque also in English.
Chairman Plummer: OK. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
139 June 22, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-455
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION, VALUED AT APPROXIMATELY $6,100.00, FROM
JOSE ALVAREZ, VICTOR ALBA, HISPANIOLA TRAVEL &
SERVICES, INC., AND THE ASOCIACION COMUNAL
DOMINICANA, OF A BUST HONORING JUAN PABLO DUARTE,
A PLAQUE AFFIXED ON OR ABOUT SAID BUST, WORDED IN
BOTH ENGLISH AND SPANISH, OUTLINING JUAN PABLO
DUARTE'S HISTORICAL CONTRIBUTIONS, AND RELATED SITE
IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO,
FENCING, LANDSCAPING, AND BENCHES, TO BE PLACED IN
AND ABOUT A CITY -OWNED BUILDING LOCATED IN JUAN
PABLO DUARTE PARK AT 2800 NORTHWEST 17T" AVENUE,
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
55. APPROVE RELEASE OF ZONING COVENANT RUNNING WITH THE LAND, FOR
PROPERTY LOCATED AT 1629 NORTHWEST 14T" STREET, FOR REDEVELOPING THE
PROPERTY AS AFFORDABLE HOUSING.
Chairman Plummer: On the blue copies, the Mayor has nothing to bring forth. Mr. Gort, you have one. A
Zoning Covenant release for 1629 Northwest 14th Street. City Administration have any problem?
Mr. Donald Warshaw (City Manager): No.
Chairman Plummer: All in flavor -- moved by Gort. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
140 June 22, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-456
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE RELEASE OF A ZONING
COVENANT RUNNING WITH THE LAND, DATED NOVEMBER
1, 1972, RECORDED IN THE OFFICIAL RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, IN OFFICIAL RECORD BOOK 7983,
AT PAGE 819, UNDER CLERK'S FILE NO. 7211254640, FOR THE
PROPERTY LOCATED AT 1629 NORTHWEST 14T11 STREET,
MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPING
THE PROPERTY AS AFFORDABLE HOUSING.
(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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
56. NO APPEARANCE re CHALKS AIRLINE-WATSON ISLAND.
Chairman Plummer: Is anybody here on Chalk's Airlines? Is Jim here, Confalone? Well, if he shows up,
we'll discuss it. That's mine.
57. DISCUSSION CONCERNING THE ISSUE OF WORKERS' COMPENSATION
Chairman Plummer: All right. Discussion concerning the issue of workmen's comp. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, it is an issue that I will continue to bring forward in every session
that we have. I am glad to hear that we've been able to lower fi•om 2,974 cases to -- what is the number now,
500? I mean, we've lowered 500. What's the number now?
Mr. Mario Soldevilla: The actual open cases, 2,446.
Commissioner Sanchez: OK, open claims. What it wanted to suggest to the administration, also the City
Manager is that, taking a step forward to hire firm or firms that would go out and basically target the
individuals that are getting full disability or total disability to, basically, target -- one of the things is that
Fourth of July is a great time to get these people and we know that we have some out there that are abusing
the workmen's comp issue, where we can basically target these individuals and try to get them on
141 June 22, 1999
surveillance cameras and prosecute them. so the City could be paid restitution for the claims that they have
filed. I don't think that no one will dispute the facts that there is a lot of fraud in the workmen's comp issue.
And I will continue to bring it forward in every session until the cases are lowered.
Chairman Plummer: All right, sir.
58. DEFER CONSIDERATION OF PROPOSED DEVELOPMENT OF MULTI -FAMILY
BUILDING ON THE CIVIC CENTER SITE, AFFORDABLE TO FAMILIES AND
INDIVIDUALS OF LOW AND/OR MODERATE INCOME LOCATED AT 1700 NORTHWEST
14Tn AVENUE.
Chainnan Plummer: We now go to the Tomas Regalado's agenda of the day. Mr. Regalado.
Commissioner Regalado: Mr. Chairman, I'd like to defer, for the next meeting, "B."
Chairman Plummer: Defer "B."
Commissioner Regalado: It was requested by the administration.
Chairman Plummer: OK.
59. DISCUSSION CONCERNING CLOSURE OF THE ALLEY IN FLAGAMI - SCHEDULE
PUBLIC HEARING.
Commissioner Regalado: Issue "A," it's about a closure of the alley in Flagami. This was an issue that we
all know was deferred.
Chairman Plummer: How much are we getting for it?
Commissioner Regalado: The NET (Neighborhood Enhancement Team) administration -- Administrator,
Fausto Callava, is here also. And Jim knows about this issue.
Chairman Plummer: How much are they paying? Who's the property going to?
Mr. Jim Kay (Director, Public Works): No. This is a request on how to close tine alley. There are two
methods -- two processes that could be followed in the City Code. One is the process via the platting route,
which is time-consuming and costly, and with multiple owners would be very difficult to do. The other is
the issuance of a revocable permit, which can be issued to the homeowners. All have to agree on tine alley
to this permit, in which they could close and fence it and control it. I think that's what they want to do.
Chairman Plummer: OK.
Commissioner Regalado: That's what they want. And all the owners have signed. And the problem with
this alley is that, has become a very serious situation for the neighbors in terms of crime.
Chairman Plummer: You've got to have a public hearing first.
Mr. Kay: Yeah.
142 June 22, 1999
Chairman Plummer: Plat Street Committee (phonetic).
Commissioner Regalado: So, what is the process that we should follow, the one that you suggested, of
course?
Mr. Kay: The one I suggest is the revocable permit, that does require a public hearing before this City
Commission. And, as I said, all of the abutting property owners must be in agreement with this closure.
Chairman Plummer: All right.
Commissioner Regalado: Can 1 play, Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Certainly, the revocable permit is within the discretion of the
administration and tiie City Commission. However, alley closures should be done in the process that's
identified in our City Code and State Statute, and that requires a plat and public hearings. A replat.
Chainnan Plummer: Of course. All right. Item...
Vice Chairman Gort: Let me ask you a simple question. Because we're having a lot of problems with those
alleys throughout the neighborhoods. There's a lot of these alleys are being used for a lot of illegal activities
and the police, they're here, they can tell you. We have -- I have that problem in a lot of my neighborhoods.
What they've done in some places, the neighbors just put a gate and they all have the key to that gate and
they open and close it. Is there a simpler way that we can do it? Is there something that this Commission
can do that...
Chairman Plummer: (inaudible) own property.
Vice Chairman Gort: You're not saying you're legally closing it, but they can go ahead and put a gate and
people that have the keys to it, they can open and close it. We have that problem in many, many of the
alleys throughout the neighborhoods.
Chairman Plummer: Excuse me. We had the same problem over here. You can't do it. In St. Hugh Oats,
we fought that battle in court forever and ever. It's public land.
Mr. Kay: This is a public alley.
Vice Chainnan Gort: I understand. It could still be a public alley, except there would be certain...
Mr. Kay: Well, I've identified a method. I think the City Attorney is referring to the platting method. The
second method allows the alley to be closed, controlled by the property owners. However, it's called a
revocable permit and they all must be in agreement with that.
Chairman Plummer: All right. Item C. Discussion update...
Commissioner Regalado: Wait, wait. So, how do we do this? Do we call for a public hearing on next
Commission meeting, Mr. City Attorney?
Chairman Plummer: is that what you want to do?
Commissioner Regalado: Yeah.
143 June 22, 1999
N
Chairman Plummer: All right. Is there a second?
Vice Chairman Gort: Second.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
Commissioner Regalado: OK.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-457
A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE A
PUBLIC HEARING CONCERNING PROPOSED CLOSURE OF THE
ALLEY IN THE REAR OF PROPERTY LOCATED AT 11 S.W. 57
COURT IN FLAGAMI FOR THE NEXT COMMISSION MEETING.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
60. DISCUSSION CONCERNING AN UPDATE ON PROGRAMMING NET 9. -�
Chairman Plummer: Update on programming of NET 9.
Commissioner Regalado: OK. NET 9 is an issue that -- I think it's important for the City and we, the
members of the Commission, requested from the administration to ask the City of Miami Police Department
to produce, tape, and air several public service programs. I know that there has been talk, but I don't know,
Mr. Manager, when are we going to have these programs on the air?
Chairman Plummer: Mr. Manager?
Mr. Jorge Luis Hernandez: Mr. Chairman, Jorge Luis Hernandez, Director of the Media Office. Angel
Calzadilla and Lieutenant Schwartz from the Miami Police Department, they went and visited the facilities
of Channel 9, and they are already in conversations and in coordination with our personnel for the
144 June 22, 1999
production of programs.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: That's -- Jorge, that's the only programs that we can expect. When can we expect
the taping?
Mr. Hernandez: Well, as you instructed and the Commission instructed, the Police Department, they are in
charge of producing the programs, and our personnel will facilitate all the help -- the technical help that they
will need.
Mr. Donald Warshaw (City Manager): I'll get you an exact update before the meeting is over.
Chairman Plummer: Mr. Manager...
Commissioner Regalado: OK. Mr. Manager and Mr. Hernandez, what do we have on the air in terms of the
Parks Department Summer Programs? Do we have any program -- video program on the air right now for
the summer?
Mr. Hernandez: Not any video program. We -- as you probably know, we -- I mean, we had a press
conference at the Jose Marti Park and our cameras were there and we did some video taping and, at this
moment, we are engaged in the effort to see if we can produce a collage of views of the inauguration
summer program.
Commissioner Regalado: Right. We --just a reminder, we have tapes of all the parks and playgrounds that
had been inaugurated by the City in the last six months.
Mr. Hernandez: The improvements that have been done in those parks.
Chairman Plummer: All right.
61. DISCUSSION CONCERNING A REPORT ON THE CARAVAN OF HOPE EVENT HELD
AT THE ORANGE BOWL.
Commissioner Regalado: Item D, it was just the people of the Caravan of Hope folk that wanted to thank
the administration. This Commission directed the administration to work with them and the administration
did help them a lot. I was there. And they would have come and say thank you. That's what they want to
say. And I will tell you that, around 13,000 persons were given free food in the Orange Bowl on that day.
So, just that very briefly.
62. SUPPORT IMPLEMENTATION OF A MONUMENT HONORING CUBAN EXILE LEADER
JORGE MAS CANOSA, AT A LOCATION ON BISCAYNE BOULEVARD.
Chairman Plummer: Item E.
Commissioner Regalado: Item E is the implementation of a monument honoring Jorge Mas Canosa at the
location -- at a location on Biscayne Boulevard. The State Legislature named two blocks in front of the old
Freedom Tower, Jorge Mas Canosa. And the family wants to build a monument, a bus, over there. And
they have requested to the City permission. I understand that we have to go through the State to do that, but
145 June 22, 1999
they -- apparently, they're going to have a ceremony of sorts in July, some time in July, Mr. Mas Canosa's
birthday, with the naming of Biscayne Boulevard. So, what do we do here now, in terms to expedite that
site?
Mr. Jim Kay (Director, Public Works): Really, that is in the hands of the, I think, FDOT (Florida
Department of Transportation), rather than the City right now at this point. I'm really not sure of what -- if
we have any responsibility.
Chainnan Plummer: I...
Commissioner Regalado: We were told that yes, we do, because it's on the right-of-way of the City. It's on
the median of the City.
Mr. Kay: I -- the median of the City, not the...?
Commissioner Regalado: Yeah, on the median of the street.
Mr. Kay: Boulevard
Commissioner Regalado: Boulevard, yeah. I'm sorry.
Mr. Kay: I think, probably a show of support for the project would be a resolution.
Vice Chairman Gort: Move it.
Chairman Plummer: Well, Off -Street Parking only has (inaudible)
Commissioner Regalado: OK. My motion is to have the administration...
Chairman Plummer: All right. Hold on, hold on. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): I would need more information to give you any advice on just
exactly -- with regard to the placement of the monument, if it's on our right-of-way. I need more
information.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would be very pleased to certainly defer and recognize what the City Attorney is
saying, but I think there can be a statement of expression. A resolution that simply says that this
Commission resolves that we support the placement of an appropriate monument and we would urge the
Department of Transportation and the County and the City to work, cooperatively, in determining what
impedi -- in determining language of that type, Mr. Attorney, and I know that that would be intent.
Chairman Plummer: Is there a second?
Commissioner Teele: Rather than to direct it...
Commissioner Sanchez: Second.
146 June 22, 1999
7
Commissioner Teele: ...at a location. if the motion is by Commissioner Regalado...
Commissioner Regalado: Yeah, yeah.
Commissioner Teele: ...1 would just be...
Commissioner Regalado: Exactly.
Chairman Plummer: Is there a second?
Commissioner Teele: ...I would like the privilege of seconding it.
Chairman Plummer: All right. Any further discussion? I wish you well. Because if you have anywhere
near the kind of problems I had at Bayfront Park to put just a simple little parking sign on US 1...
Vice Chairman Gort: Let's go. You want to move. Let's go.
Mr. Kay: There are many.
Chairman Plummer: Your name, please? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All oppose?
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-458
A MOTION SUPPORTING THE PLACEMENT OF AN
APPROPRIATE MONUMENT HONORING CUBAN EXILE
LEADER JORGE MAS CANOSA ON BISCAYNE BOULEVARD
ACROSS FROM THE FREEDOM TOWER; FURTHER URGING THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO WORK
COOPERATIVELY WITH THE CITY OF MIAMI AND MIAMI-
DADE COUNTY IN CONNECTION WITH SAID PROJECT.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
147 June 22, 1999
63. COMMISSIONER TEELE REQUESTS SCHEDULING OF ITEMS FOR NEXT AGENDA:
A) STAUTS REPORT OF SCHEDULE FOR CONSTRUCTION AT HADLEY PARK;
B) WEEKLY UPDATES ON 61 STREET SECTION 8 SCHEDULE ON DISTRICT MEETING
UNTIL SAID ISSUE IS RESOLVED,
C) UPDATE ON 17 AVENUE BUSINESS CORRIDOR PILOT PROJECT.
Chairman Plummer: All right. Pocket items.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: No, no. Hold on. We got Mr. Teele
Commissioner Teele: Before you leave, on District 5, 1 would like for you, Mr. Manager, to add onto the
agenda, at the neat meeting, District 5 items, relating to an update on Hadley Park Construction and
Construction Schedule. You know, things just have a way of dragging on. We were supposed to have had
ground -breaking on this.
Chairman Plummer: I'm sorry.
Commissioner Teele: I remember Commissioner Gort giving a speech, before I was even on the
Commission, about this and in a very positive way. So, I would like to get that from the Public Works
Department. Also, I would like to get an update on the 61st Street, Section 8 Schedule on the district
meeting and get an update every week until -- every time we meet until it's resolved. And, finally, an
update on the Pilot 17th Avenue Business Corridor at the next meeting.
64. A) APPOINTMENTS TO LITTLE HAVANA FESTIVAL COMMITTEE (See section # 45)
B) APPOINTMENTS TO COCONUT GROVE FESTIVAL COMMITTEE (See section # 49)
C) APPOINTMENTS TO COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT
(See section 53)
Chairman Plummer: All right.
Commissioner Teele: Please.
Chairman Plummer: Because the City Clerk was asleep, I need a roll call -- a vote on Items 38, 40, 41, and
42. These were all appointments.
Commissioner Teele: You have a motion and a seconder?
Mr. Walter Foeman (City Clerk): We have motions, but...
Chairman Plummer: He said he didn't hear us make a vote.
Mr. Foeman: ...there was no roll call.
Chairman Plummer: So, all in favor of 38, 40, 41 and 42, say "aye."
The Commission (Collectively): Aye.
148 June 22, 1999
Chairman Plummer: Opposition? Go play the Lotto.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-459
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
LITTLE HAVANA FESTIVAL COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99.459.1
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
COCONUT GROVE STANDING FESTIVAL COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
149 June 22, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-459.2
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
65. (A) STATUS REPORT re MODEL CITY NET
(B) COMMENTS re ILLEGAL SIGNS FOUND THROUGHOUT CITY.
Chairman Plummer: All right. Item 22. Are there people here on the NET (Neighborhood Enhancement
Team) presentation from Model Cities?
Commissioner Teele: Mr. Chairman, can we get the NET next, please?
Chairman Plummer: Fine. That's 35. Item 35. Give me, approximately, how long you'll be.
150 June 22, 1999
Ms. Karen Cooper: I'm going to be very brief.
Chairman Plummer: That means?
Ms. Cooper: That means about three minutes.
Chairman Plummer: Ooh, that is brief Wow! OK.
Ms. Cooper: Good afternoon. I am Karen Cooper, Model City NET administrator. Being distributed to
you now, for your review, is a profile of the Model City NET service center. It depicts some of our
accomplishments, goals, challenges and, I understand, after today, I have more to add. Opportunities, et
cetera. Here with me also are my two code enforcement officers, Debra Regan, who's passing the
information out to you, and Gail Pew, who stands behind me. There are also several community leaders
present, who will address you shortly. At this time, I would like to present Lieutenant Brenda Williams,
Model City NET commander.
Chairman Plummer: All right. Where's the commander?
Lieutenant Brenda Williams: Good afternoon. My name is Lieutenant Brenda Williams and I am
commander of Model City NET. I've already passed out the accomplishments of Model City and I used the
fiscal period June of'98 to date and, as you could see, it's very detailed as to exactly some of the things that
we have accomplished. And, also, included in the package is the 1999 goals for Model City. So far this
year, we have exceeded our expectation as it relates to our goals. I'd like to mention that Model City was
named -- designated Weed and Seed in 1994 and, as such, several grants have been awarded to us. Also, we
recently enacted a problem solving team, whose primary goal is to identify certain problems that exist in
Model City, rather than just pass the problem on to someone else. They have been charged with the
responsibility of actually solving those problems. Inside the package on page 10, you'll see that we have
been attacking the prostitution problem along Northwest l7th Avenue and this strategy resulted not only in
identifying local prostitutes in the area, but we also was able to identify a transient house that was used by
the prostitutes for their customers. As a result of that, this house has been closed. It was located on
Northwest 68th Street, between 15th and l7th Avenue, and over 40 prostitutes have been arrested. We,
next, identify problems such as loitering, gambling, drinking in public, and illegal drug sales. That a real
big problem in the Model City area and I'm sure it's probably a problem in mostly all of the NET areas in the
City of Miami. In order to address that particular problem, we decided that we need to educate the grocery
store owners, advise them exactly what their responsibility as grocery store owners were and how they can
curtail the activity from taking place in front of their business. The majority of all of the owners that we
spoke to -- we have a lot of Mom and Pop businesses in Model City we're complaining about persons
drinking on the outside and selling drugs. The owners gave a signed permission form to the team members
to be able to arrest these violators and use their names as victims. That was very important because those
type of crime, you have to have a victim in order for it to be prosecuted in court. This resorted in 92 felony
arrests and 108 misdemeanor arrests, and the majority of all of those arrests were for the qualify of life
violations. Another problem we have and still having is the unsafe structures. I assigned an officer, whose
sole responsibility is to deal with that particular issue. We found that the tearing down of these homes in
Model City just was not going fast enough so, the officer took the initiative to perform a detailed search on
all of the abandoned properties in the Model City area and, as such, we found that the majority of the
owners of those properties were deceased. The officer contacted the members of our SIS (Special
Investigative Section) unit, also the medical examiner's office in order to find the next of kin. Once that was
accomplished, we were able to get with Cedric Marks and, consequently, as a result of his initiative, six
unsafe structures have been demolished. In fact, the report has six but it's now up to seven. We demolished
151 June 22, 1999
one on Friday and we have two to go next week. So, that's working quite well. Another thing that we're
having problem with is the environment. So, what I did was, myself and Sergeant Kinchen, we have
assigned an officer exclusively that's going to deal with environmental issues in Model City. Environmental
issues includes illegal dumping, as well as pollution and other unsanitary conditions which affect our
environment. This officer will be working very closely with SiS, the State Attorney's Office, DERM
(Department of Environmental Resources Management) and EPA (Environmental Protection Agency). We
have a lot of problems as it relates to abandoned vehicles and, as a result, that problem has been resolved in
the following manner. I have assigned a PSA (Public Service Aide), whose responsibility, once we get the
complaint either through the NET office or directly through our 579-6111 location -- this PSA has been
charged with the responsibility of ticketing and towing abandoned vehicles after the five-day notification
sticker. Since he was assigned that particular project about three weeks ago, he has ticketed -- stickered, I'm
sorry, 210 abandoned vehicles and 91 of those vehicles have already been towed. The Model City NET
have been recipient of a lot of policing awards and you will see that on pages 12 through 14. I don't want to
go through all this because I'll be up here all day just trying to give you an idea of the kinds of things that
these officers are accomplishing. However, I'd like to point out that our goals in 1999, was to reduce overall
crime by five percent; reduce call for services by five percent, reduce burglaries by three percent, reduce
priority calls by three percent; conduct at least 25 homeless encounters; conduct at least 10 prostitution
details; attend 10 homeowner's associations, and present at least 10 cases before the Nuisance Abatement
Board. 1 have just received a copy of the latest CAT (Computer Aided Transcription) comparison, which
indicates that, so far, we are right on target as it relates to our goals. At the rate we're going now, unless a
major disaster happens in Model City, it is my firm belief that we will accomplish all of the goals set forth.
Keep in mind, we're doing this with a limited number of personnel. And always have to have an opportunity
to talk to the Commission about personnel. We're doing that with six officers, 44 -- two NROs
(Neighborhood Resource Officers), who work the entire Model City from 112 all the way up to 79th Street,
and it's an awesome responsibility for them. Total personnel assigned right now, to -date, to Model City is
70 officers, and I do have several vacancies, Commissioners. That ends my presentation. If there are any
questions, I'll be more than happy to answer them for you. But before I leave the podium, I have to
acknowledge my two Neighborhood Resource Officers, Officer Olga Rome is here. My other
Neighborhood Resource Officer is attending the Olympics in Melbourne, Florida, so she was unable to
attend today, and Sergeant Reginald Kinchen is the supervisor in charge of my problem -solving team.
Commissioner Sanchez: Lieutenant Williams?
Lieutenant Williams: Yes.
Commissioner Sanchez: Mr. Chainnan. Lieutenant Williams I want to congratulate you on this report.
Very, very informative. I see that you even have your goals for 1999 and I want to commend you and the
officers and the people that have fallen behind you on this. This is very, very good. Thank you so much for
your hard work.
Lieutenant Williams: Thank you. You're welcome.
Chairman Plummer: All right. Anyone else from that group wish to say a few words, besides thank you?
Ms. Cooper: The Community leaders here today are representatives of Homeowner's Associations and
other community groups who are very involved, very vocal, and very concerned about Model City. They
keep us on our toes, they challenge us, and have been supportive of us in improving the quality of life in
Model City. As they come forward, I'd just like to take the opportunity to thank them, publicly, for the
support that they offer us. Mr. Sam Mason will now make remarks.
152 June 22, 1999
0
Mr. Sam Mason: Chairman Plummer, distinguished Commissioner. I'm here in behalf of the Model City
NET office. i call them my partners. We sit down, we talk, we plan for the betterment of Model Cities. We
have tremendous plans to do a better job in the future, to make a tremendous change as it relate to the
businesses in our area, the kids in our areas, the senior citizens in our areas, affordable housing, all those
problems that our communities are confronted with. We understand that, together, as a team, we can be
most successful. And I found out my best partner in the Model Cities area is the NET office. And the NET
administrator, I call her my buddy. Anytime I have a problem, I go over to her office, we sit down, and we
shuffle it out. In my observations, she seems to be short of computers and things like that, so we hope that
her officer get up-to-date so we can transform lots of our stuff computer -wise. So, I appeal, as the
community say, that they're doing a damn good job and we're going to see that they keep it up. Thank you.
Chainnan Plummer: Mr. Johnakin.
Commissioner Teele: The man.
Mr. Thelbert Johnakin: Mr. Chairman and Board of Commissioners. I want you to know that it is really an
honor to be here today, to speak in behalf of the NET. I'm one of those that work five days out of the week
with NET and I want to...
Chairman Plummer: That's all?
Mr. Johnakin: Sometime I wonder. And I really want to thank him. I worked very closely with them and to
see the outstanding job that they are doing and, if it wasn't for them, we probably will lose one of the City's
program, which is not my program, the Crime Prevention, because they do all my typing for me. So, I
definitely want to thank them. I appreciate them. And I can never -- I can't stand here not saying something
about the Police Department to the way the teamwork that I see with NET, with the NET officer, the NET
administration, the police officer, and with their crime prevention. And I -- again, I want to thank them for
doing an outstanding job. Not too long ago we wanted to do something for them. We hear all the criticism
but never thanks. So, we wanted to do something for them. So, we give them a plaque with all the staff
names on it. A few months ago, several months ago, Lieutenant Williams, of all the things that she do in the
Model City area, we give her a plaque in appreciation to her. Now, we have a fine major that is with us and
we want to thank you all for our major and lie's doing an outstanding job and I just want to say God bless all
of you.
Chairman Plummer: Mr. Packingham.
Mr. Ralph Packingham: Good afternoon. My name is Ralph Packingham. I'm the chairman of Floral Park
Homeowner's Association. I am honored to be here this afternoon to say thanks to the NET office. The
NET office has been very responsive to our needs. They always attend our meetings, along with Lieutenant
Williams. The major has been out. The officers, Gale, was out there the meeting last month, I think, wasn't
it? And she did an excellent job of a presentation on Code Enforcement. We're very happy. We're
comfortable with them. The area is much more livable, the quality of life. And I just want to say that we
have a fine office. They need some more resources, of course.
Chairman Plummer: Don't we all.
Mr. Packingham: But our NET offices need it a little bit worse than yours do. But thank you very much for
allowing me this privilege.
Chairman Plummer: All right, Thank you very, very much and we'll have another one at the next meeting.
153 June 22, 1999
Commissioner Teele: Mr. Chairman?
Chainnan Plummer: Mr. Teele.
Commissioner Teele: Mr. Herschel Haynes, who's also the president of one of the largest homeowner's
association...
Chairman Plummer: All right. Didn't see him standing back there.
Mr. Herschel Haynes: Yes. I'd just like to say good evening to the Chair and Chairman and the, fellow
honorable Commissioners. i, too, would like to applaud what the NET has done so far in our community, in
Model Cities. And, in addition to what they've done, I think they can do a lot more. I think, you know --
Commissioner Plummer, you came before the Charter Reform Committee and you shared with us the
passion in which the code needs to be reformed. I think that, you know, once the code has been reformed
and brought up-to-date, the NET offices can do a lot more. We're looking forward to that being done
because we, you know, received some complaints in regards to the NET offices and that they're not able to
do the kind of job they would like to do because a lot of the codes are not up-to-date. So, we would like to
see that done. And we applaud the effort that's being done and we support them now and in the future.
Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: As a district Commissioner, I'd like to just make two or three observations. Number
one, unlike Little Haiti, the Model City NET office has had support and staff from the Manager from the
very beginning and I think one of the things that you can hear and see is a level of community support for
this office. I think a lot of it has to do with the NET administrator, by any standard, who's outstanding. But
I also think it has to do with the fact that this City -- and I note that my predecessor, Commissioner
Dawkins, lives in the immediate area -- has always given adequate resources to the NET office and I know
there's always need for more computers. By the way, did we get the gate fixed there at the police
substation? Has the gate been fixed at the police substation? That has been a matter of concern. I'm going
to say something that I really shouldn't say as a politician. I should kiss Fanny Moore. But, you know, one
of the reasons to have these meetings is not to come down here and everybody say how great thing are. It's
also a time to say what you need. Because I'm just one Commissioner and if they just hear it from me,
they're going so say, "Well, that's Teele." But if they hear it from the community leaders, as well -- and
there are a number of things. Mr. Johnakin, you have written letters; you've raised sand, you've done that,
and you've called my house, you've done this, and I respect that. But this is the time to put it on the record.
We have a gate for the police that has been broken, going in and out of the substation there, for what, three
months, four months?
Mr. Johnakin: About nine months.
Commissioner 'feele: Nine months. You hear the story back and forth. GSA (General Service
Administration) sent somebody out. They don't have anybody that can fix the gate. It's a secure. -- I can't
believe the Police Department, quite frankly, doesn't have the muscle to get it fixed. But it's a major kind of
problem that the community has been concerned about. And I'm not going to get into those kinds of things.
The one thing, Mr. Manager, that I do think is important is that this whole Five -Year Plan process that we're
154 June 22, 1999
talking about in CDBG (Community Development Block Grants) is that the NET offices really should
weigh in on those things a little bit. i don't know how that integration is working but I can tell you in Model
Cities, we have some unique problems on 7th Avenue and 17th Avenue that we've talked about. 15th
Avenue. I would be very, very impacted, positively -- and I note that the report here talks about it. If some
of this coordination is going on with the NET office -- it's not that we want them to do programs, but at least
we want to get their input because, with all due respect to public hearings and hearing from the public, the
professionals, the Code Enforcement professionals, the law enforcement NKOs, they're the public too and i
think they're more knowledgeable in many cases about how we need to approach some of these problems
and I'd really like to hear that. Finally, specifically, we heard a lot about Liberty City today and the 61st
Street problem, but that's half of the equasion. And one of the things, Ms. Cooper, I really want you to help
us with is the other half of the problem. The County has relocated all those people. You know, you heard
about that? There's eight, nine buildings that are nothing but monuments to trash, to rodents. I mean, it is
horrible. It looks like a war zone. See, when the County moved those people out of those areas, they left
those buildings abandoned and we need a plan -- and that is a major problem because there's drug sales
going on there now. And I would hope, Mr. Manager, consistent with what Commissioner has been
Plummer talking about, about nuisance abatement and safe structures, that we come in with an aggressive
plan and we don't wait six months or a year and have a new group of people coming down here talking
about what these abandoned buildings are doing because they are destroying the property values of Model
Cities all over this area with these abandoned, Section 8 houses that the County, especially, has cancelled
the contract on and others. And, so, I'd just like to be assured, Mr. Manager, that we're factoring that into
the community grant development process and with the NET -- and that we're going to get ahead of the
problem on these abandoned buildings. Because the County had eight buildings, as you know, those same
Section 8, that they've moved all the people out. Tile problem is, if you drive by those buildings now, it
looks worst than anything that I've seen in Overtown or in Little Haiti so...
Chairman Plummer: OK.
Commissioner Teele: ...please, give us a little bit of comfort on that, Mr. Manager. Can you...
Mr. Donald H. Warshaw (City Manager): And let me just say, Commissioner, as part of my commitment to
all of you on NET, is the uniformity and the understanding of what NET is all about, what NET office is
supposed to be doing. And there is going to be, and already is, a linkage between NET, not only in
Community Development, but Public Works and Parks and all of the other departments of the City. So,
they understand that the delivery of services goes beyond just accepting complaints and doing some of the
things that some of our NET offices. Unfortunately, that's the way they were trained in the early years but I
promise you that linkages will be there.
Commissioner Teele: Thank you, Mr. Manager.
Chairman Plummer: Mr. Manager, let me just, with the NET -- there he is. The big wig of the NET offices.
I'm a little upset -- I've got to be honest with you -- when I see NET inspectors driving by the signs that I've
been here raising all kinds about. I beg you, today, to go and look at the size of the sign that has been placed
on the rapid transit at Bird and Dixie. It is huge. Sundays in the Grove. I don't what that means and I don't
who put it up there, but that sign has got to be three feet by five, and it's glued to the wall.
Mr. Warshaw: We'll look at it.
Chairman Plummer: "Lose 30 Pounds," that one that's close to my heart downtown is filled all over again, I
mean, I know you did them. I saw your people taking them down. The only problem I have, Mr. Manager,
is seeing NET inspectors drive by these signs and not stop their cars and take them down. Seventy-ninth
155 June 22, 1999
Street, Biscayne Boulevard filled with them, OK. And there's no reason why, especially in the trees, they
shouldn't be coming down.
Mr. Raul Martinez (Assistant City Manager): We'll take a look at them.
Chairman Plummer: All right. Thank you very much.
66. COMMENTS re TRANSFER OF OWNERSHIP OF KINGS WRECKER SERVICE —
INVOLVE PRIVATE SECTOR IN SELECTION REVIEW COMMITTEE TO EVALUATE
PROPOSALS FOR TOWING SERVICES.
Chairman Plummer: We'll now go to Item 22, which is the last item, I think, of the morning agenda. Well,
Mr. Teele is not here. I'll wait for Mr. Teele because he was asked the one to be delayed.
Chairman Plummer: Pocket items. Mr. Regalado.
Commissioner Regalado: Yeah. I have an issue that was deferred from the -- actually, it wasn't deferred. It
was discussed but I was asked...
Chairman Plummer: Could everybody exit quietly, please?
Commissioner Regalado: I was asked whether or not the Commission took any action on the transfer of
ownership of Kings Wrecker Service. And I'm asking the City Attorney, I guess, and the administration to
give us their guidance on this issue, if there is any.
Chairman Plummer: OK. My understanding is, that's not a transfer of ownership. It's a transfer of a certain
amount of stock, isn't that correct?
Mr. Alejandro Vilarello (City Attorney): Can I get -- can you give me 10 minutes to get briefed on the
issue?
Commissioner Regalado: Sure.
Chairman Plummer: Well...
Commissioner Regalado: I just want to find out what is it that...
Chairman Plummer: OK. Mr. Manager, on the towing contracts, they're coming up in November for
renewal.
Vice Chairman Gort: November or September?
Chairman Plummer: Is it September?
Mr. Donald Warshaw (City Manager): It's September.
Vice Chairman Gort: My understanding, it's in September.
Chairman Plummer: Mr. Manager, I want outside involvement in that selection process. If you look at the
156 June 22, 1999
discrepancy in what has primarily been done in the last 12 months, there are -- and there's not even any
question about fairness. There's got to be an equity position.
Vice Chairman Gort: Look at the...
Chairman Plummer: ;`.ghat?
Vice Chairman Gort: Look at the zones. (Unintelligible)
Chairman Plummer: Yeah, the zones are the -- absolutely. OK.
Mr. Sanchez, no pockets? Mr. Gort?
67. AMENDMENT 4 TO MANAGEMENT AGREEMENT WITH LATIN AMERICAN
GOURMET RESTAURANT, INC. — GRANT EXTENSION —CONCESSION AT PAUL WALKER
PARK, 46 WEST FLAGLER STREET.
Chainnan Plummer: To our friend of the downtown, Mr. Lazaro Albo, has asked -- he has really tried to
meet his requirement for opening up. So that they don't steal his hundred thousand dollars ($100,000), it is
being asked that, officially, he is open and that ten thousand dollars ($10,000) of his first month's rent or
first year's rent -- What is it?
Ms. Laura Biilberry (Director, Asset Management): Ten thousand dollars ($10,000) out of the hundred. So,
now it bring it to a total of sixty the City will be retaining.
Chairman Plummer: OK. So, in other words, what he's asking is, give him a breather. He is definitely
trying to be as honest as lie can.
Commissioner Sanchez: I have passed by and there is construction going on in the place
Chairman Plummer: Oh, absolutely.
Commissioner Sanchez: I mean, it's -- so I move.
Chairman Plummer: All right.
Commissioner Sanchez: How much time is lie asking?
Chairman Plummer: He's got until July 31,99.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by?
Vice Chairman Gort: Second.
Chainnan Plummer: Gort,
Commissioner Sanchez: Does the City have any objections?
157 June 22, 1999
Mr. Warshaw: No.
Ms. Billberry: No.
Chairman Plummer: OK. All in favor say "aye." All right.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-460
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 4 TO THE MANAGEMENT AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LATIN
AMERICAN GOURMET RESTAURANT, INC. ("MANAGEMENT")
To PROVIDE FOR: (1) AN EXTENSION OF TIME FOR THE
COMPLETION OF IMPROVEMENTS AND THE OPENING OF THE
CONCESSION AREA FOR BUSINESS AT PAUL WALKER PARK,
LOCATED AT 46 WEST FLAGLER STREET, MIAMI, FLORIDA,
TO JULY 31, 1999; (2) THE CITY'S RETENTION OF THE $100,000
PROCEEDS RECEIVED UNDER THE LETTER OF CREDIT ON
DECEMBER 2, 1998, UNTIL THE COMPLETION OF THE
CONSTRUCTION OF IMPROVEMENTS AND THE ISSUANCE OF
A CERTIFICATE OF OCCUPANCY; (3) IN THE EVENT THE
CONSTRUCTION OF IMPROVEMENTS IS COMPLETED AND THE
CONCESSION AREA IS OPENED FOR BUSINESS ON OR BEFORE
JULY 31, 1999, $40,000 WILL BE RETURNED TO MANAGEMENT,
WITH THE REMAINING $60,000 PLUS INTEREST TO BE
DEPOSITED IN THE CITY'S UNANTICIPATED REVENUE
ACCOUNT; AND (4) IN THE EVENT THE CONSTRUCTION OF
IMPROVEMENTS IS NOT COMPLETED AND THE CONCESSION
AREA IS NOT OPENED FOR BUSINESS ON OR BEFORE JULY 12,
1999, THE CITY SHALL RETAIN THE ENTIRE $100,000 AND ALL
INTEREST ACCRUED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
158 June 22, 1999
68. (A) URGE GOVERNOR AND FLORIDA BUILDING COMMISSION TO INCORPORATE
STANDARDS SET FORTH IN SOUTH FLORIDA BUILDING CODE -- HURRICANES,
TROPICAL STORMS SAFETY
(B) COMMENTS re BOOTS PLACED ON ILLEGALLY PARKED CARDS.
Chairman Plummer: The City Manager has asked that a resolution of the Miami City Commissioner,
Governor Jeb Bush, the Florida State Legislature and the Florida Building Commission to incorporate the
standards set forth in the South Florida Building Code, as the Florida Building Code, particularly, as
standards relate to the City of Miami and all of South Florida, which areas are most graphically exposed to
the past of typical storms and hurricanes; directing the City Manager to inform Florida Building
Commission immediately...
Vice Chairman Gort: Move it.
Chairman Plummer: ...regarding the building and construction of standards necessary to maintain the
present level of protection for the life and property of City of Miami and...
Vice Chairman Gort: Move it.
Chairman Plummer: ...property of the City of Miami and South Florida resident; further directing the City
Clerk to transmit a copy of the resolution to the herein designated officials.
Vice Chairman Gort: Move it.
Chainnan Plummer: Moved by Gort. Seconded by Sanchez.
Commissioner Sanchez: Second.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-461
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
GOVERNOR JEB BUSH, THE FLORIDA STATE LEGISLATURE,
AND THE FLORIDA BUILDING COMMISSION TO INCORPORATE
THE STANDARDS SET FORTH IN THE SOUTH FLORIDA
BUILDING CODE AS THE FLORIDA BUILDING CODE,
PARTICULARLY AS THE STANDARDS RELATE TO THE CITY
OF MIAMI AND ALL OF SOUTH FLORIDA, WHICH AREAS ARE
MOST GEOGRAPHICALLY EXPOSED TO THE PATHS OF
TROPICAL STORMS AND HURRICANES; DIRECTING THE CITY
MANAGER TO INFORM THE FLORIDA BUILDING COMMISSION
IMMEDIATELY REGARDING THE BUILDING AND
CONSTRUCTION STANDARDS NECESSARY TO MAINTAIN THE
PRESENT LEVEL OF PROTECTION OF THE LIFE AND
PROPERTY OF CITY OF MIAMI AND SOUTH FLORIDA
RESIDENTS; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE, HEREIN
DESIGNATED OFFICIALS.
159 June 22, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chainnan Plummer: All right. Mr. Manager, it's been brought to, I think, a number of our attentions here
today about a proposal of somebody who is going before the Metro Commission in reference to placing
those boots on cars that are illegally parked.
Commissioner Teele: Are we on pocket items now?
Chairman Plummer: Yes, sir.
Commissioner Teele: How many did you do?
Chairman Plummer: I have one. I did one for the Manager and I have one. I am concerned about this boot
in which they're going to be charging a very high, as I understand it, exorbitant fee.
And I think...
Mr. Donald Warshaw (City Manager): Sixty dollars ($60), I understand.
Chairman Plummer: I think that what we need to do is to say, that's fine, if that's what they want to do in the
County. We will regulate our own in the City. And I think that's only proper. And, Mr. Manager, I would
appreciate you getting in touch with the County to make sure that that is done, OK? All right
Commissioner Teele: Mr. Manager -- Mr. Attorney?
Chairman Plummer: Mr. Chainnan. Mr. Teele.
Commissioner Teele: I would like for the City Attorney to be involved in that because I don't understand
the jurisdictional issue. I'm very sympathetic to what you're saying. I mean, I don't think they should be
booting cars in the City. On the other hand, suppose an infractions totaling whatever the County jurisdiction
is -- and I just would like to understand what the jurisdictional issues are.
Chairman Plummer: Well, my understanding is, what they're trying to do or what I was told is, that they're
trying to pass it countywide. And if a City does not have its own regulations, the countywide regulations
would prevail. That's what I was told.
Commissioner Teele: Well, then, if that's the truth, then the answer is to pass a regulation.
160 June 22, 1999
Chairman Plummer: OK. Then, I would say to you, we'll do the same thing...
Vice Chairman Gort: You didn't ask for a roll call.
Chairman Plummer: Call the roll. Where are you, Mr. Manager -- Mr. Clerk, if I don't do it, please call my
attention to it at the time.
Mr. Walter Foeman (City Clerk): We were trying to...
Commissioner Teele: That's what the Vice Chairman does.
Mr. Foeman: We were trying to, Mr. Chairman, but you were talking, so we had to bring it up.
Chairman Plummer: Well, interrupt me.
Vice Chairnan Gort: Move it.
Mr. Foeman: We were trying.
Vice Chairman Gort: Call the question.
Chairman Plummer: All right. That's on reference to the Manager's...
Mr. Foeman: That's an urgent...
Mr. Donald Warshaw (City Manager): Florida Building Code.
Mr. Foeman: Yes.
Chairman Plummer: The Building Code.
Mr. Foeman: The Building Code.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous. Now, Mr. Teele, if you wish to do it, then I would
suggest we do the same thing that is being done on Miami Beach to circumvent this problem, that the City
passes an ordinance that cannot charge more than twenty dollars ($20) per car.
Commissioner Teele: Well, hold it, hold it. I want to know -- I want the professionals -- I mean...
Chairman Plummer: OK.
Commissioner Teele: ...I -- the idea of just picking a number is frightening to me. I mean, what is the
County proposing? Why put a boot on...
Chairman Plummer: Sixty-five.
161 June 22, 1999
Commissioner Teele: Huh?
Chairman Plummer: The County is proposing 65 per car.
Commissioner Teele: That seems reasonable.
Mr. Vilarello: Commissioner, the issue with regards to Miami Beach has to do with private property
booting. I think you're raising an issue as to whether or not the County can boot cars based on fines that
have accrued on vehicles. I'd be more than happy to look into it and report back to the City Commission at
the next meeting.
Chairman Plummer: OK. All right.
Commissioner Teele: And, can the City boot cars?
Vice Chairman Gort: Yes.
Mr. Vilarello: I will be happy to look into that.
Commissioner Teele: Separate issue.
Chairman Plummer: And report back to us -- give us a memo prior to the next meeting, so we'll know what
to do.
Mr. Vilarello: Ye, sir.
69. BODY WORK, REFURBISHMENT, PAINTING FOR DONATED BUS TO POLICE
DEPARTMENT FROM WEED AND SEED GRANT FUNDS.
Chairman Plummer: All right. Let's get back to -- anybody else got any pocket items?
Commissioner Teele: Mr. Chairman?
Chainnan Plummer: Mr. Teele.
Commissioner Teele: Tile Police Department has received a grant from Weed and Seed, so this is a
resolution authorizing the funding of the provision of body work, refurbish and painting from various
vendors for a donated bus to the City of Miami Police Department, awarded under existing bid, at a total
cost not to exceed eight thousand dollars ($8,000); allocating funds thereof from the said...
Chairman Plummer: Moved by Teele.
Commissioner Teele: ...said Weed and Seed.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez. All in favor say "aye."
162 June 22, 1999
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-462
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING FUNDING, IN AN AMOUNT NOT TO EXCEED
$8,000.00, FOR THE PROVISION OF BODY WORK,
REFURBISHING AND PAINTING SERVICES FOR A BUS
DONATED TO THE CITY OF MIAMI POLICE DEPARTMENT BY
THE MIAMI-DADE COUNTY TRANSIT AUTHORITY, SAID
SERVICES TO BE PROVIDED BY VARIOUS VENDORS,
UTILIZING CITY OF MIAMI BID NO. 95-96-136; ALLOCATING
FUNDS THEREFOR FROM THE WEED AND SEED IV GRANT,
ACCOUNT CODE NO. 1,42013.290510.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
70. COMMENTS re STING OPERATIONS RELATED TO NARCOTICS AND PROSTITUTION
TO BE SCHEDULED PER NET OFFICE.
Chairman Plummer: OK. If I may take this opportunity, Mr. Teele. I've talked with the Manager and let me
tell you what we're coming up with very close, and I thought my thunder was going to be stolen this
morning by Mr. Sanchez. A number of people have said to me, the Sting Operations, which we're doing, the
VIP, Vehicle Impoundment Program, that we should take some of the money and put back into the program
to do it even more so than what we're doing. In discussion with the Manager, I am proposing the following,
with the Commission's approval. The Manager has already approved it. That between now and October the
Ist, we will have one sting operation per NET (Neighborhood Enhancement Team) office, per week. It is
estimated that that would cost in the neighborhood of two hundred and eighty-eight thousand dollars
($288,000). But you're ready for this? It is also estimated that it would bring in a total net number of eight
hundred and sixty-four thousand dollars ($864,000). I would like to make a motion to the Manager to
proceed with this program, that we would have one sting operation per NET office, per week, from now
until the end of September, if I can so move.
Commissioner Regalado: I will second.
163 June 22, 1999
Chairman Plummer: All in favor say "aye."
Commissioner Teele: Wait, wait, wait.
Vice Chairman Gort: Discussion.
Commissioner Teele: Mr. Chainnan, discussion, please.
Chairnan Plummer: Mr. Teele.
Commissioner Teele: Are you saying that in each NET area...
Chairman Plummer: Every NET area will have one sting operation for narcotics and prostitution per week.
Commissioner Sanchez: There you go. I second.
Commissioner Teele: Commissioner Regalado has already second it. Let me understand. Is this something
that the Police Department is rec...
Chairman Plummer: They concur, sir. This paper was developed by them.
Mr. Donald Warshaw (City Manager): Commissioner, basically, we were doing these stings, but to live in
accordance with the Anti -Deficiency Ordinance and stay within the overtime budget, the number of hours
had been cut back. By passing this, you're, in effect, authorizing the additional expenditure of two hundred
and eighty-eight thousand dollars ($288,000) in overtime to bring in eight hundred and sixty-four thousand
dollars ($864,000), which is what the Police Department estimates we would bring in using the existing VIP
ordinance, which I support.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I have no problems with this and I think it's the right thing. But I really do think that
we cannot start spending to two hundred and eighty-eight thousand dollars ($288,000) without a budget
process -- going through a budget process with the Police Department and the budget office. I mean, I think
we can go ahead and do it today, but I would like to see this written up and something that meets with the
anti -deficiency resolution, which requires that, if we're going to expend money, that it be pursuant to a
written recommendation. And, I mean, I just don't understand why we can't put together a written...
Chairman Plummer: I will have some of these typed up for you and get to you, sir.
Commissioner Teele: But, you see -- you know, you're the main one who's all over the Police Department
and the budget process about overtime. Personally, I've never complained about the Police Department's
overtime. But what I do think is, if we're approving a budget as we go through, if we're going to make a
quarter of a million dollar ($250,000) amendment, it ought to be pursuant to a written document, that has
some written staff support, that the budget office, the Finance Department, and the Police Department all
understand and, so, they can -- so, we understand what we're doing. But -- I mean, it's all technical and I
really don't mean to make it a big issue, but I just think that why should we have one rule for the Police
Department and one rule for everybody else? We need to get the Police Department to put it in writing. Let
164 June 22, 1999
the Budget Office sign off on it. I have no problems with doing this as a matter of principal today, but our
own anti -deficiency requires that it be in writing and that there be a budge justification and a written
recommendation from the Manager on it. That's what it requires.
Chairman Plummer: All right.
Mr. Warshaw: We'll get it before the evening is over.
Chairman Plummer: Approve it, subject to that being provided to each Commissioner, OK?
Vice Chairman Gort: Discussion.
Chairman Plummer: I'm sorry. Mr. Gort.
Vice Chairman Gort: Part of the discussion, I'd like to change the wording on that. I think we need to do
the sting operations and we need to -- 1 think the Police Department, along with the NET, they know where
the sting operations need to be taken place because they know where all the activities are taking place, and I
think we should put emphasis that wherever is needed, it should be done. Maybe it's not only one. Maybe it
should be done two or three times. And my understanding is, in following Commissioner Teele's statement,
is, my understanding also, the more sting operations you do, the more we'll be able to lower the crime and
be able to do quite a few things. At the same time, you're getting some additional revenue that was not part
of the budget, which that could alter the expenses.
Mr. Warshaw: No question.
Vice Chairman Gort: OK.
Chainnan Plummer: Put the fear of the Lord in them. OK.
Commissioner Regalado: One comment, one comment.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: We -- each member of the Commission, we get a lot of complaints from residents
regarding issues of prostitution of or -- in the area. So, I would -- since several Commissioners share NETS
-- I guess on the -- well, the only one would be Joe. But since many Commissioners share several NETS, if
we can give the administration their complaints and their input so you can decide where you're going to be
doing those sting operations and, then, let us know...
Chainnan Plummer: All right.
Commissioner Regalado: ...to be aware of what's going on.
Chainnan Plummer: Now, we're going to take the last item of the day.
Mr. Walter Foeman (City Clerk): Commissioner, excuse me. You want to do a roll call?
Vice Chairman Gort: You need to do roll call.
Chairman Plummer: All in favor say "aye."
165 June 22, 1999
The Commission (Collectively): Aye.
Chainnan Plummer: Opposition? Show unanimous.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-463
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO SCHEDULE BETWEEN NOW AND OCTOBER 1,
1999 ONE STING OPERATION PER NEIGHBORHOOD
ENHANCEMENT TEAM (NET) OFFICE PER WEEK IN
CONNECTION WITH NARCOTICS AND PROSTITUTION;
FURTHER STIPULATING THAT SAID PROJECT IS SUBJECT TO
THE MANAGER PROVIDING A WRITTEN BUDGET
JUSTIFICATION AND WRITTEN RECOMMENDATION FOR
SAME.
Note for the Record: Commissioner Regalado requested the members of
the Commission to let the Manager know areas within their respective
districts where each Commissioner feels sting operations should be
conducted.
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.
71. APPROVE PROPOSED BUDGET FOR THE CITY OF MIAMI, FOR FISCAL YEAR
BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000, AND AUTHORIZING
THE CITY MANAGER TO SUBMIT SAID PROPOSED BUDGET ESTIMATE TO THE FINANCIAL
EMERGENCY OVERSIGHT BOARD.
Chainnan Plummer: The last item of the regular agenda, before a five minute break, is Item 22. Item 22.
By the way, just for the record, let me once again and final time announce that the Item Number 15 on
Planning and Zoning, at both the request of the applicant and the objectors, will be deferred until July the
27th. Item 22.
Mr. Donald Warshaw (City Manager): Item 22, what you have before you is a resolution. This is not the
budget ordinance. In accordance with the intergovernmental agreement between the City and the State, we
166 June 22, 1999
are required, within 90 days of the end of the fiscal year, the beginning of the next fiscal year, to present a
balanced budget with recurring revenues and recurring expenditures to the Oversight Board. It's important
to point out that, although the Oversight Board knows that there is a contemplation of a parking surcharge
revenue stream, that there is the potential for an ad valorem millage reduction, that there is the potential for
fire fee reduction, in spite of that, this budget that you have in front of you today, that we want to send to the
Oversight Board, does not contemplate any of those. It contemplates the continuation of 10 mills of the
increase in the fire fee, in accordance with the Five -Year Plan. But i want you just to know for the record
that we have worked with the Estimating Conference and the Oversight Board and they're fully aware of
what could change. So, this, in a way, is a draft as it relates to what we would have to do to find substitute
revenues, in the event that the Commission were to roll back the millage rate or reduce the fire fee. That
being said, i'll...
Chairman Plummer: It does not commit us.
Mr. Warshaw: It does not commit us, but we are committed, as we were last year, to submit, you know, this
budget, with the understanding on the record, as I've just stated...
Chairman Plummer: That it can change?
Mr. Warshaw: ...that it can change.
Chairman Plummer: All right. Is there a motion?
Commissioner Sanchez: After discussing it with the budget department, I so move.
Chairman Plummer: Is there a second?
Commissioner Teele: Second.
Chairman Plummer: Seconded by Teele. Is this a resolution or an ordinance?
Unidentified Speaker: Resolution.
Mr. Alejandro Vilarello (City Attorney): A resolution.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
167 June 22, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-464
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING T14E PROPOSED BUDGET FOR
THE CITY OF MIAMI, FLORIDA FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30,
2000, AND AUTHORIZING THE CITY MANAGER TO SUBMIT
SAID PROPOSED BUDGET ESTIMATE TO THE FINANCIAL
EMERGENCY OVERSIGHT BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
72. AUTHORIZE TRANSFER OF OWNERSHIP OF ICINGS WRECKER SERVICE (See section
# 66)
Chairman Plummer: That is the last of the items of agenda. Does any of my colleagues have anything for a
regular Commission meeting? Mr. Regalado.
Mr. Alejandro Vilarello (City Attorney): With regards to the Kings Wrecker Service, there's a request to --
for the City Commission to approve or consent to the transfer of a hundred percent of the corporation to
Kings Wrecker.
Chairman Plummer: To whom?
Mr. Vilarello: It's a sale from...
Chairman Plummer: Who are we transferring it...
Mr. Vilarello: ...Jorge Salazar, the sole shareholder, of Kings Wrecker, is considering transferring to
Francisco Garcia.
Chairman Plummer: And have we done a background check on Francisco Garcia?
Major Joseph Longueira: Yes, sir. And just to clarify, it's not a complete sell. He's allowing this person...
168 June 22, 1999
Chairman Plummer: A hundred percent is a complete sell.
Major Longueira: Up to a hundred percent. He's allowing him to invest up to a hundred percent. He may
do 50, 51 percent. That's what he anticipates doing at this time. But we have done a background check.
We have no problem.
Chairman Plummer: All right.
Commissioner Regalado: So, the Police Department has no problem at all?
Major Longueira: No problem.
Chairman Plummer: OK. But it's fully understood that this contract is over in September?
Mr. Jorge Salazar: Yes.
Chairman Plummer: And that there is no predication of anybody receiving any guarantee of an awarding of
a contract in September?
Mr. Salazar: Yes.
Chairman Plummer: For the record, your name.
Mr. Salazar: My name, Jorge Salazar, 1529 Northwest 37th Street.
Vice Chairman Gort: Hold it, hold it, hold it. What are we discussing?
Chairman Plummer: This is Kings Wrecker.
Commissioner Sanchez: Transfer.
Chairman Plummer: Transfer of the stock. Up to one hundred percent. OK. And you understand, sir...
Vice Chairman Gort: I understand there was a check on the legality...
Mr. Vilarello: He's the one that's transferring.
Chairman Plummer: Look, I just don't want anybody coming in here and say, "Why didn't you tell me in
September? I wouldn't have bought that stock. And now they don't have anything and I don't have a
contract and it's the City's fault."
Mr. Vilarello: Commissioner, I agree. That's why I'm pointing out to you, Mr. Salazar is the one would
currently owns Kings Wrecker. You want to make that statement to Mr. Garcia.
Chairman Plummer: Well, where's Mr. Garcia? Mr. Garcia?
Vice Chairman Gort: It's also going to change the...
Chairman Plummer: Send a letter to Garcia. Send a letter to Sanchez.
169 June 22, 1999
Vice Chairman Gort: Tell him -- make sure you let him know that the City is not...
Chairman Plummer: Mr. Garcia?
Mr. Donald Warshaw (City Manager): He's coming.
Chairman Plummer: Mr. Garcia? Sir, we want you to know that, without question, that your being --
transferred stock that you're buying does not, in any way, indicate that this contract is up in September, and
there is no guarantee that you will have any further contract with the City.
Mr. Francisco Garcia: 1 understand that.
Chairman Plummer: Thank you, sir.
Vice Chairman Gort: And are you aware that the whole thing might change...
Mr. Vilarello: Can you identify your name for the record, please?
Mr. Garcia: Francisco Garcia.
Chairman Plummer: And your mailing address?
Mr. Garcia: 9471 Southwest 1 Oth Street.
Chairman Plummer: You ought to move into the City. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition?
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-465
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACKNOWLEDGING THE TRANSFER OF OWNERSHIP OF KINGS
WRECKER SERVICE, INC. ("KINGS WRECKER") FROM JORGE
SALAZAR TO FRANCISCO GARCIA; APPROVING THE
ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY OF
N4IAMI AND KINGS WRECKER, DATED NOVEMBER 13, 1996,
FOR THE PROVISION OF TOWING AGENCIES; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, EFFECTUATING SAID TRANSFER OF
OWNERSHIP AND ASSIGNMENT OF AGREEMENT.
I70 June 22, 1999
(Here follows body of resolution, omitted here and on file in the Off ice of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: This Commission is in a five minute recess.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:10 P.M. AND
RECONVENED AT 5:15 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING
COMMISSIONER REGALADO AND COMMISSIONER SANCHEZ FOUND TO BE PRESENT.
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE
REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING
AND ZONING PORTION OF THE AGENDA.]
7 3. CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR
BRICKELL BAY VILLAGE APARTMENTS PROJECT AT 2101-2105 BRICKELL AVENUE.
Chairman Plummer: We intend to do all 15 items in less than 15 minutes. Famous last words. Again,
for the record, Item-15 has deferred to the 27"' of July. I don't have a quorum yet. The minute I get a
quorum, we are going. Is there anybody here for any other item than zoning? I have now officially
closed the City Commission Meeting of June the 22°d and move for its adjournment, which is always in
order, and I am now opening, for the record, the Planning and Zoning meeting. Oh, that's right. This is
not a double, is it? This is a single. I am all right. It's been a long day.
[NOTE: AT THIS POINT, 5:16 P.M., COMMISSIONER REGALADO AND COMMISSIONER
SANCHEZ ENTERED THE COMMISSION CHAMBERS.]
Chairman Plummer: All right. Mr. Gort moves that item 15 officially be moved from today's agenda to
the July 27°i agenda. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
171 June 22, 1999
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 99-466
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-15 (PROPOSED MAJOR USE SPECIAL PERMIT FOR
BRICKELL BY VILLAGE APARTMENTS PROJECT AT 2101-2105
BRICKELL AVENUE) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR JULY 25, 1999.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
7 4 . APPROVE MAJOR USE SPECIAL PERMIT FOR ESPIRITO SANTO PLASA PROJECT AT
1395 BRICKELL, AVENUE - PARKING SPACES (Applicant: Estoril, Inc.)
Chairman Plummer: Is anyone else going to be asking for a deferment or continuance or a withdrawal
today? None? We are on item PZ-1, 1395 Brickell Avenue. It is in fact with the Planning Department's
approval and a PAB (Planning Advisory Board) approval. It would allow a mixed use multi -story
structure on this site.
Vice Chairman Gort: Moved it.
Chairman Plummer: Moved by Gort, seconded by Sanchez.
Commissioner Sanchez: Yes, second.
Chairman Plummer: This is in fact a resolution... Wow, that's some building. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All in favor? Opposed? Show unanimous. 1 am getting confused. It's been a long
day.
Ms. Lucia Dougherty: Thank you very much.
172 June 22, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-467
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR
USE SPECIAL PERMIT DEVELOPMENT ORDER, PURSUANT 'ro
ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR
THE ESPIRITO SANTO PLAZA PROJECT, TO BE LOCATED AT
APPROXIMATELY 1395 BRICKELL AVENUE, MIAM1, FLORIDA,
AND TO BE COMPRISED OF UP TO APPROXIMATELY 437,681
SQUARE FEET OF NONRESIDENTIAL USES, 133 RESIDENTIAL
UNITS, WITH ACCESSORY RETAIL AND RECREATIONAL
SPACE, AND APPROXIMATELY 1028 PARKING SPACES;
DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION;
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF
LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
7 5. DISCUSS AND TABLE PROPOSED APPEAL REGARDING VARIANCE TO ALLOW
STRUCTURE WITH REDUCED SETBACK FOR SINGLE, FAMILY RESIDENCE AT 5771 S.W. 7
STREET (Applicant: Mario and Noralda Perez) (See sections 489 and #91).
Chairman Plummer: PZ-2. Approximately 5771 Southwest 7°i Street.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): This is a variance that was denied by the
Zoning Board and recommended for denial by the Administration. It is an appeal before you. We
recommend denial of the appeal. There is no hardship.
Chairman Plummer: It's a structure built without the benefit of a building permit. The applicant is
Mario Perez.
173 June 22, 1999
Mr. Mike Perez: That's my father, who doesn't speak English
Chairman Plummer: All right, sir. Everybody that is, today, going to, in any way, testify on a zoning
issue, please stand and be sworn in. All right. First in English.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH (IN SPANISH AND
ENGLISH) UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON
ZONING ISSUES.
Chairman Plummer: And we'll forget about Chinese today. OK, sir, you are on. Your name and your
mailing address and we acknowledge that you are representing your father.
Mr. Perez: My name is Mike Perez and I am the defendant's father. I live at 7080 Southwest 23`d Street,
Apartment 108, and what I am here to state is that my father is being held responsible for something that
was built before lie bought the house. Not only that. When he was noticed of this infraction, he was sent
notification only in English, which he doesn't understand, so he disregarded it. I also have petitions here
from everybody who lives within 375 feet of my father's property, saying that they have no problem with
this, with the building that was built there. With that in mind, I ask that you pass the variance.
Chairman Plummer: Anyone wishing to speak to item PZ-2?
Commissioner Sanchez: Mr. Chairman, I do.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: What does this entail?
Ms. Lourdes Slazyk (Asst. Director, Planning Department): This is a variance. It was built without the
benefit of a building permit and they have applied for a variance, but there is no hardship. It was a
terrace.
Chairman Plummer: What's in the setback area?
Ms. Slazyk: It's in the setback area.
Chairman Plummer: What is in the setback area?
Ms. Slazyk: It's a terrace attaching buildings.
Commissioner Regalado: A terrace? What do you mean? It's not a living quarter, is it?
Mr. Perez: No, sir.
Ms. Slazyk: Not that I know of.
Vice Chairman Gort: It's a 20-foot setback.
Chairman Plummer: Yeah. But what he's asking is, what is in the setback area?
Ms. Slazyk: Yeah. What's in the setback is not residential. It's not a living quarters. It's a terrace.
174 June 22, 1999
Commissioner Regalado: Can I hear from the NET (Neighborhood Enhancement Team) Administration,
please?
Mr. Fausto Callava: Yeah. I understand there is no hardship under the...
Chairman Plummer: Excuse me. For the record, your name.
Mr. Callava: My name is Fausto Callava. I am the NET Administrator from Flagami. I understand there
is no hardship so, therefore, it might set a precedent if we approve it. But it was built before he brought
the property and it's a slab of concrete in the back of the second building.
Commissioner Sanchez: But there are liens on the property. Have they put any liens on the property?
Mr. Perez: Yes, sir. At this time, they have a forty-three thousand dollar ($43,000) lien on my house
that's going up daily. One hundred and fifty dollars ($150), an amount that my father has no means in
which to pay it.
Chairman Plummer: We thank you. Mr. City Attorney.
Mr. Joel E. Maxwell (Asst. City Attorney): Yes, sir.
Chairman Plummer: On the record.
Mr. Maxwell: The record is that you -- staff has indicated to you that there has been no finding of
hardship in this case. We have been down that road several times, in legal cases, in litigation that is
involving that issue and the courts have been adamant. That is one of the criteria that you must find.
There must be hardship and it cannot be a self-created hardship and it cannot be hardship based on
economic loss. So, if this gentleman cannot show --cannot meet the standards for hardship, then the
board should deny his appeal.
Chairman Plummer: Mr. Regaled, it's in your district.
Commissioner Regalado: What can he show in terms of hardship? I mean, what is the problem of him
not taking down whatever?
Mr. Perez: No, we have no problem in taking it down, if it's an illegal construction. We have no
problem in destructing. We do have a problem with paying forty-three thousand dollars ($43,000) on a
lien that has been put on my father's house and which has no means to pay.
Mr. Maxwell: That's an issue...
Chairman Plummer: That's Code Enforcement.
Mr. Maxwell: That's Code Enforcement.
Chairman Plummer: That's a different issue than here.
Ms. Slazyk: Yes.
175
June 22, 1999
I
Chairman Plummer: We cannot do anything with the forty-three thousand dollars ($43,000).
Commissioner Sanchez: That would be another board that you would come to.
Chairman Plummer: That's the Code Enforcement who enforced the fine.
Commissioner Regalado: But let me ask the City Attorney. if he were to comply when this goes to Code
Enforcement, would that be an issue that would be...
Mr. Maxwell: I really couldn't speak to what the Code Enforcement Board rnay do because, obviously,
that's a totally different entity not even under control of this board. But, certainly, they, once they come
into compliance, tile...
Commissioner .Regalado: That's what I am saying.
Mr. Maxwell: And the gentleman has indicated that he's willing to come into compliance, as well, by
removing the offending structure. So, either way, whether it was by variance here or by removal of the
structure, the Code Enforcement Board would take that into consideration in possibly mitigating the fine.
Chairman Plummer: Let trte ask you a question. When was this first before Code Enforcement? Forty-
three thousand dollars ($43,000), it's got to be a year or so or more ago.
Mr. Perez: It was actually July 17, 1998 when they sent the first notice to my parents. Again, the notice
was in English...
Mr. Perez: Yeah.
Mr. Perez: ... therefore, my parents don't know how to speak English. And nothing in Spanish...
Chairman Plummer: OK.
Mr. Perez: ... saying that they needed to fix anything. Therefore, my parents disregarded it.
Chairman Plummer: All right. Mr. Regalado, it's in your...
Commissioner Regalado: You are saying that you are willing to comply?
Mr. Perez: Yes. We are willing to tear down the terrace and...
Commissioner Regalado: And, then, come back to Code Enforcement -- to the board.
Mr. Perez: I don't understand. I am sorry. This stuff -- that I have done this and I am not a property
owner myself.
Commissioner Regalado: Yeah. Could you explain to him the process, please? Can Mr. Callava?
Mr. Callava: I could give him my card and they could call me tomorrow morning and I'll explain to them
the whole process.
Chairman Plummer: Well, excuse me.
176 June 22, 1999
Mr. Callava: Or i can do it right here.
Chairman Plummer: I think you better say -- tell in Spanish to the father.
Commissioner Regalado: Right. Just tell him in Spanish right now.
Chairman Plummer: He has to tear down the violation and, as far as the finance is concerned, he will
have to go back before Code Enforcement, but he must understand that before we vote.
Mr. Callava: [Comments in Spanish]
Mr. Perez: I also have...
Chairman Plummer: He understands?
Mr. Perez: I also have one more thing to add. I also have a petition here -- a petition here with all the --
all our neighbors that live within 375 feet, saying that they have no problem.
Chairman Plummer: Sir, that has no zoning -- that has no bearing on zoning.
Commissioner Sanchez: You don't meet the hardship and there is no way that -- I speak for myself. I
couldn't approve it.
Mr. Perez: I don't understand what hardship means. Can you explain that to me in layman's terms,
please?
Chairman Plummer: There are six criteria. Explain to him the six.
Mr. Maxwell: Well, I don't have it in front of me, all six. I can commit to memory but it has to be a
unique -- it has to be something that's unique. You can't be granted...
Chairman Plummer: Irregular in size.
Mr. Maxwell: You can't be granted something that the rest of the neighbors don't have. It has to be
based on if, one of the criteria will be that your lot is irregular in size, as pointed out, and you can't be
granted favorite treatment.
Chairman Plummer: Sir, very clearly, you do not apply for a hardship, OK.?
Ms. Slazyk: There has to be something inherently wrong with the property that makes reasonable
construction impossible without a variance and...
Chairman Plummer: Let me...
Ms. Slazyk: 1 am sorry.
Chairman Plummer: ...finish. I am sorry.
Ms. Slazyk: No. I was going to say, when you have a standard lot in the City, standard size, standard
177 June 22, 1999
shape, there is nothing inherently wrong with it that makes construction impossible without a variance.
That's what hardship is.
Commissioner Sanchez: J.L.?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Very simple. The violation is a setback, right, and no permits?
Ms. Slazyk: Yes, yes.
Commissioner Sanchez: Now, if he complies with the setback and he gets a permit...
Ms. Slazyk: He's clean.
Commissioner Sanchez: He's clean. So, why don't you do that?
Mr. Perez: That's exactly what we are going to do.
Commissioner Regalado: That's what we are saying. That's what we are saying.
Commissioner Sanchez: All right. Cut it back to where you meet the setback. Keep -- get the permits,
get it straightened out, go to the board, and when you go to the board, I can guarantee you they wouldn't
fine you -- well, I can't guarantee him that...
Chairman Plummer: No, no, no, don't you say that now.
Commissioner Sanchez: No. I mean, with -- I assure you, it's never been done in history, that they hit
somebody with the full fine. I have been here a year and I have sat through the boards and, believe me,
it's never happened.
Chairman Plummer: That's what we are trying to get them to do.
Commissioner Sanchez: Well, I don't think it will ever happen either, OK.
Chairman Plummer: Let me ask a dumb question. Mr. City Attorney, do I understand correctly that this
board cannot grant a variance without a hardship?
Mr. Maxwell: That's correct.
Chairman Plummer: Then, if, when they apply -- not this case. With any. When they apply and cannot
demonstrate a hardship, why do we put them through this process?
Mr. Maxwell: This is an appeal. This gentleman -- it was denied by the Zoning Board. This gentleman
appealed it to you all, which he had a right to do.
Chairman Plummer: What I am saying to you is, if -- why even appeal if he can't demonstrate a
hardship?
Vice Chairman Gort: No, no, no. Excuse me. Excuse me.
178 June 22, 1999
N
Mr. Maxwell: We cannot deny him the right to appeal.
Vice Chairman Gort: Excuse me. My understanding is...
Mr. Perez: Well, again, I didn't understand what a hardship was until you just explained it to me now.
Commissioner Regalado: But the point is here -- Oh, I am sorry, Willy. No. Go ahead.
Chairman Plummer: You are not loud enough.
Vice Chairman Gort: My understanding is, we, as City Commission, can go ahead and make whatever
motion we want. We can pass it. Now, if we don't meet the criteria you are talking about, we can be
challenged in court and we can be overruled in court.
Chairman Plummer: OK.
Mr. Maxwell: Well, that --well, the words you used was whatever you want. The thing is, that you can
affirm, you could deny and you could modify, but...
Vice Chairman Gort: OK.
Mr. Maxwell: ... inherent in that is the notion that you have also satisfied the criteria required for such a
decision and that would be a finding of hardship.
Vice Chairman Gort: I understand, I understand. But I want the Commission to understand that the only
fear in this is, if we pass something like this and it's taken to court, we would lose.
Mr. Maxwell: If it's challenged we would -- you would lose, correct.
Vice Chairman Gort: If it would be challenged, we would lose because we don't have the right to...
Chairman Plummer: What are you doing? All right. Mr. Regalado.
Commissioner Regalado: OK. The issue here is, they want to comply. Their problem is the high fine
that they have and we cannot do anything about Code Enforcement, but we are told that if he goes clean
in there, then, you know, so... [comments in Spanish]
Mr. Maxwell: Oh, Mister -- Commissioner Regalado, please, if I may? What we have said -- I believe
what you are telling this gentleman is that, if he complies, there is a good chance that the Code...
Commissioner Regalado: Of course, of course.
Mr. Maxwell: I don't... lie shouldn't think that he's been promised those things.
Commissioner Regalado: If he goes clean to the -- in front of the board, the board can decide whatever.
Mr. Maxwell: Yes.
Chairman Plummer: We are beating a dead horse. Mr. Regalado, a motion, please.
179 June 22, 1999
I
Commissioner Regalado: What is the motion?
Chairman Plummer: That's what 1 am asking you. It's in your district.
Commissioner Regalado: I know. But what? The issue here is not the appeal of the Zoning Board
decision. The issue here is the other problem that they have. So, in order to facilitate for them to go
there, what should be the motion, Mr. City Attorney?
Mr. Maxwell: Well, if you want to -- he needed a variance in order to satisfy the requirements of the
Code Enforcement Board and the City. You would have to grant his appeal and allow the variance.
Chairman Plummer: Not if he's agreeable to tearing it down. He don't need a variance.
Ms. Slazyk: There are two ways. Basically, there are two ways...
Commissioner Regalado: But he has agreed to tear it down. That's what I am saying.
Chairman Plummer: Then he doesn't need a variance.
Ms. Slazyk: There are two ways to comply. One is to tear it down and the other is to obtain the variance.
So, he can go back...
Chairman Plummer: If we deny the appeal and he tears it down...
Ms. Slazyk: He's in compliance.
Chairman Plummer: ... he can go before Code Enforcement.
Mr. Maxwell: If that's his main concern.
Chairman Plummer: That's it? A motion.
Commissioner Regalado: [Comments in Spanish]
Chairman Plummer: Regalado's motion is to deny the appeal.
Commissioner Regalado: Wait, wait, wait. He's — let me just tell him this in Spanish.
Chairman Plummer: You guys are getting awful slow in your old age.
Mr. Maxwell: Commissioner?
Commissioner Regalado: Yes.
Mr. Maxwell: I would suggest you talk on the record there.
Commissioner Regalado: [Comments in Spanish]
Mr. Perez: The truth is, we would like to get approved for the variance. We would like it -- and it
180 June 22, 1999
would...
Commissioner Sanchez: Yeah. Listen, why don't we do something? Why don't we let you meet with
them and guide them in the right direction and they could come back. Can we do that?
Mr. Maxwell: I am sorry. What was that, Commissioner? I didn't hear you.
Commissioner Regalado: [Comments in Spanish]
Commissioner Sanchez: Can Vicky Leiva meet with them and then they could come back?
Mr. Maxwell: Do you want to defer the item? He can meet with them whenever he likes.
Commissioner Sanchez: I'll defer the item. I move to defer and we'll bring it back at the end. We'll
table it for now. I move to table the item.
76. DISCUSS AND TEMPORARILY DEFER CONSIDERATION OF PROPOSED VACATION AND
CLOSURE OF A PUBLIC RIGHT-OF-WAY (ALLEY) - 213/225/233 N.E. 23RD STREET, 212 N.E.
24TH STREET, 2313 N.E. 2ND AVENUE AND 2318 N.E. 2ND COURT. (See label 87)
Chairman Plummer: All right. Item three. Vacation and Closure of a public right-of-way of 213, 225,
233 Northeast 23`d Street, 212 Northeast 24"' Street, 2313 Northeast 2nd Avenue and 2318 Northeast 2nd
Court. It's with the approval of the Zoning Board.
Commissioner Sanchez: So moved.
Chairman Plummer: Wait. whoa, whoa, whoa. How many square feet are we...
Mr. Jim Kay (Director, Public Works Department): Mr. Chairman?
Chairman Plummer: Yes.
Mr. Kay: This is a request for the vacation and closure of two alleys, in conjunction with the plat of
Wynwood Tower. The total square footage of both alleys is 3,739 square feet.
Chairman Plummer: Three thousand seven hundred and thirty-nine...
Mr. Kay: Square feet. Yes, sir.
Chainnan Plummer: All right. And how much a square foot is that going for up there?
Mr. Kay: I would have to guess.
Chairman Plummer: Give me a guess.
Mr. Kay: About fifteen dollars ($15), I would say.
Chairman Plummer: One five?
181 June 22, 1999
Mr. Kay: One five.
Chairman Plummer: All right. So, that's thirty-seven thousand, plus half of that. About fifty thousand
dollars ($50,000). All right, sir. Yes.
Mr. David Deutch: My name is David...
Chairman Plummer: Did you bring a check?
Mr. Deutch: No, sir, I did not.
Chairman Plummer: You did want it to be deferred, is that correct?
Mr. Deutch: I didn't realize I needed a check today.
Chairman Plummer: Well, you don't. You have got to volunteer.
Mr. Deutch: Payable to?
Chairman Plummer: Well, that, we can discuss.
Mr. Deutch: OK. Consider it volunteered.
Chairman Plummer: Well, no. What you have to do, sir, you have to give a volunteer contribution to the
Boys Club or to...
Vice Chairman Gort: Uh-uh. Excuse me.
Chainnan Plummer: Excuse me. Let me tell you where...
Vice Chairman Gort: Excuse me, excuse me.
Chairman Plummer: ... to Roller Hockey.
Vice Chairman Gort: Excuse me. If you read the five-year plan, one of the requests is that we set aside a
special fund to help affordable housing within our neighborhood and the fund -- I forget the name of the
fund. Housing Trust Fund?
Unidentified Speaker: Affordable Housing Trust Fund.
Vice Chairman Gort: I beg your pardon?
Unidentified Speaker: Affordable Housing Trust Fund.
Vice Chairman Gort: Affordable Housing Trust Fund. And I think this is how we should use these
donations.
Chairman Plummer: Mr. Gort, if you saw the need of the Roller Hockey that they are putting on over
there in Coconut Grove -- you know, I think they need -- with the right amount -- immediately ten
thousand dollars ($10,000). Now, if you want to put the rest of it somewhere else, that's a different ball
182 June 22, 1999
game.
Vice Chairman Gort: I think it should be done. That's a recommendation by the Administration in the
five-year plan and I think, if we are going to have a plan, that we voted on it, that we are going to follow,
we should just stick to it.
Chairman Plummer: Well, it's his voluntary contribution. What do you wish to do, sir?
Vice Chairman Gort: Ten and forty.
Mr. Deutch: Well, since we are in your district, Commissioner, I'll defer to your...
Chairman Plummer: All right, I would like to see it go to the Roller Hockey, these kids up here. We'll
cut it down for you to fifteen thousand, and that I' II let you know how to make out the check.
Mr. Deutch: That's...
Chairman Plummer: No. Hey, you...
Mr. Deutch: Thank you.
Chairman Plummer: ... go see that program my friend and you will be proud of where your dollars are
going, OK?
Mr. Deutch: Consider it done.
Chairman Plummer: All right. Here we go, as far as -- it is the recommendation of the Administration, is
that correct?
Mr. Kay: That is correct. Of the Zoning Board and the Plat and Street Committee.
Chairman Plummer: All right. I can't move it. Is that...
Mr. Joel E. Maxwell (Assistant City Attorney): Pass the gavel.
Vice Chairman Gort: It's in his district. He can't move it, so...
Chairman Plummer:
All right.
Vice Chairman Gort:
That's all right.
Chairman Plummer:
All right. Mr. Gort moves it.
Vice Chairman Gort:
Uli, uh-uh.
Chairman Plummer:
Come on, guys. Come on, guys.
Vice Chairman Gort:
No.
Chairman Plummer:
Well, all right, sir. We are going to have to defer you until the next meeting. We --
183 June 22, I999
I don't have a quorum. I don't -- the amount of people here. All right, sir, you are deferred --1 am sorry
-- until the next meeting, unless you want to wait until we get a quorum.
Commissioner Sanchez: Wait, table it.
Mr. Deutch: I'll wait. 111 wait.
Mr. Kay: Wait, wait.
Chairman Plummer: OK.
Commissioner Sanchez: We'll table it.
Mr. Deutch: Yes.
Chairman Plummer: All right.
Mr. Deutch: Thank you.
Chairman Plummer: All right.
[NOTE: At this point, the City Commission temporarily tables consideration of the Planning and Zoning
Item PZ-3.1
77 SECOND READING ORDINANCE: AMEND 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR PROPERTY
LOCATED AT 2725-27 SOUTHWEST IOT" TERRACE FROM MEDIUM DENSITY RESIDENTIAL
TO RESTRICTED COMMERCIAL. (Applicant: Editorial Cernuda, Inc.).
Chairman Plummer: The next item is item four. Item four is 2725-27 Southwest 10"' Terrace.
Mr. Lourdes Y. Slazyk (Asst. Director, Planning Department): Item four and five are companion items.
Chairman Plummer: Four and five are companion.
Ms. Slazyk: For land use and zoning change from medium density residential to restricted commercial.
The department is recommending approval on both. It was recommended for denial by the Planning
Advisory Board and for approval by the Zoning Board.
Chairman Plummer: All right. Is there anybody here wishing to speak in opposition to item either four
or five? All right. Whose district, Mr. Sanchez or Mr. Regalado? Well, regardless, there is only three of
us here. What difference does it make?
Commissioner Sanchez: I think it's mine, so moved. It's on my side.
Chairman Plummer: Moved by Sanchez, seconded by Gort. Item number four. Read the ordinance.
Don't run off. Call the roll.
184 June 22, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI 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 2725-2727 SOUTHWEST 10T11 TERRACE,
MIAMI, FLORIDA, FROM MEDIUM DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS: DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of June 8, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez,
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 Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11808.
78. SECOND READING ORDINANCE: CHANGE ZONING AT 2725-27 S.W. 10 TERRACE
FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. (Applicant: Editorial Cernuda)
Chairman Plummer: Item five. Moved by Sanchez, seconded by Gort. Read the ordinance.
Ms. Vicky Garcia -Toledo: If I may?
Chairman Plummer: Wait a minute.
Ms. Garcia -Toledo: Mr. City Attorney, just to let you know that there will be a covenant submitted to
your office within 15 days in relationship to this matter.
Chairman Plummer: Read the ordinance.
Mr. Joel E. Maxwell (Asst. City Attorney): And we have approved that covenant.
Chairman Plummer: Motion understood. Call the roll.
185 June 22, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 40 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 COMMERCIAL FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2725-2727
SOUTHWEST 10'" TERRACE, MIAMI, FLORIDA, EXCEPT FOR A
ONE FOOT (l') PERIMETER RUNNING ALONG THE WEST
BOUNDARY OF THE HEREIN DESCRIBED PROPERTY; 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 June 8, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez,
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 Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11809.
7 9. FIRST READING ORDINANCE: AMEND 11000 ZONING ORDINANCE TO ADD SD-10
JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT FOR PROPERTY
AT 1975 N.W. 12 AVENUE. (Applicant: Public Health Trust)
Chairman Plummer: Item number six, 1975 Northwest 12"' Avenue...
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): This is...
Chairman Plummer: Jackson Memorial Hospital to add it to the SD-10 overlay.
Ms. Slazyk: I need to make just one clarification for the record.
Chairman Plummer: Make your clarification.
Ms. Slazyk: The property was advertised as 1975 Northwest 12"' Avenue because it is under the same
folio as the City's property on the corner of the property maintenance site. But the clarification is that
this is not the City property. This is Jackson's property. And when the building gets built that is going to
be proposed for this property, it will get its own official address, but it had to be advertised this way for
186 June 22, 1999
now.
Chairman Plummer: Moved by Gort, seconded by Sanchez. I only have one question. Ws not eating up
more parking, is it?
Ms. Slazyk: Eating up, no.
Chairman Plummer: They are going to build a building?
Ms. Sla yk: Yes.
Chairman Plummer: Jackson has a way of building buildings on what is their parking lots and then have
no parking left.
Ms. Vicky Garcia -Toledo: Commissioner, within the next two to three months, you will have before you
a Major Use Special Permit for this site and it's a parking garage.
Chairman Plummer: OK. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 24 O THE ZONING ATLAS OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM G/I GOVERNMENT AND
INSTITUTIONAL IN ORDER TO ADD SD-10 JACKSON
MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT
FOR THE PROPERTY LOCATED AT APPROXIMATELY 1975
NORTHWEST 12Ta AVENUE, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez,
and was passed on first reading by title only, 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.
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.
187 June 22, 1999
8 0 . FIRST READING ORDINANCE: AMEND 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR 3880 N.W. 7TH
STREET FROM MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Hasred, Inc.) _
Chairman Plummer: Item seven, 3880 Northwest 7'h Street.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): This is a companion to item number
eight. It's for a land use and zoning change from multifamily medium density residential to restricted
commercial. It's right on 7'h Avenue. The area has a commercial character.
Chairman Plummer: Seventh Street.
Ms. Slazyk: Seventh Street. I am sorry. I am sorry. Seventh' Street. The area is completely
commercial in character and the department recommends approval.
Vice Chairman Gort: The only problem you have is the architect.
Chairman Plummer: You have what?
Vice Chairman Gort: The architect.
Chairman Plummer: What about him?
Vice Chairman Gort: I don't know if he can do it.
Chairman Plummer: Well, then, we don't want him. All right...
Vice Chairman Gort: All right.
Chairman Plummer: Is there anyone who wishes to speak to item either seven or eight. Mr. Gort, is this
your district?
Vice Chairman Gort: It's for my district and I would like for the Planning Department -- and I am going
to go ahead and move this. But, at the same time, 7`' Street is becoming a rapid, high density of traffic
going by residential area. I see it to be very dangerous. So, I would like for the Planning Department to
study the whole area from 37'h to 42"d and from 42"d to 57`h, also.
Chairman Plummer: Understood. Read the ordinance on item seven. Motion understood, call the roll.
Mr. Walter J. Foeman (City Clerk): I need a seconder, Mr. Chairman.
Chairman Plummer: The seconder was by Sanchez.
Commissioner Sanchez: Second.
188 June 22, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI 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 3880 NORTHWEST 7TH STREET, MIAMI,
FLORIDA, FROM MEDIUM DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on
first reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
81 . FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 BY CHANGING
DESIGNATION AT 3880 N.W. 7 STREET FROM R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant Hasred, Inc).
Chairman Plummer: Item eight.
Vice Chairman Gort: Newly mailed exams. [phonetic]
Chairman Plummer: Moved and seconded by Sanchez. Read the ordinance. Call the roll.
189 June 22, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 32 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 COMMERCIAL FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3880 NORTHWEST
7T" STREET, MIAMI, FLORIDA; MAKING FIND'.NGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on
first reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
8 2. FIRST READING ORDINANCE: AMEND 10544, THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION AT 16, 20, 24, AND 28 N.W.
36T" COURT FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant:
Eduardo,Inc.)
Chairman Plummer: Item nine.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): Nine and ten are companion items.
Chainnan Plummer: Wait a minute. Sixteen, 20, 24 and 28 Northwest 36"' Court. It's a unified
commercial development. Staff.
Ms. Slazyk: We recommend approval and the Planning Board and the Zoning Board have also
recommended approval.
Chairman Plummer: Is there anyone here in opposition? Hearing none...
Commissioner Regalado: I have got a question. Question.
Chairman Plummer: Mr. Regalado, it's in your district.
190 June 22, 1999
Commissioner Regalado: What is in there, 36°i Court is residential. It has a market, a parking lot for a
market, who faces Flagler, is that correct?
Ms. Slazyk: And 37"'. Yeah.
Commissioner Regalado: And -- no, Flagler and 36"'.
Ms. Slazyk: And 36"'.
Commissioner Regalado: But the rest of the...
Ms. Slazyk: It's parking right now.
Commissioner Regalado: ... block, it's all residential.
Ms. Slazyk: Yes. This block, this is for four lots that are remaining on the block that is all commercial.
These four lots have an SD-12 overlay right now and there is surface parking on them. So, they are non-
residential in character already because it's commercial parking to serve the adjacent commercial uses.
Chairman Plummer: What is your motion, Mr. Regalado?
Commissioner Regalado: The motion is to defer this because I don't have the information on this issue,
especially.
Chairman Plummer: Motion to defer nine and ten. Is there a second?
Mr. Jerry Proctor: Mr. Chairman?
Chairman Plummer: Sir.
Mr. Proctor: Can I attempt to briefly explain it to...
Chairman Plummer: You could speak to the deferment, yes, sir.
Mr. Proctor: Commissioner, this, as the staff has indicated, is for -- to unify a block with a commercial
designation.
Chairman Plummer: Sir, you can only speak to why it should not be deferred.
Mr. Proctor: OK. We will have a covenant for you at the second reading that will not allow any aL; __
on to 36`h Court or Flagler Terrace. This will be a project that will be oriented to Flagler and Douglas.
It's for an Eckerd Drug Store. It will not have access to 36"' Court or...
Commissioner Regalado: But Eckerd is right across the street.
Mr. Proctor: Eckerd will be moving into a freestanding building at this location, if approved.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: OK. Then, I'll move to approve.
191 June 22, 1999
Chairman Plummer: Move to approve.
Commissioner Regalado: Yes.
Chairman Plummer: Oh, woe, woe, back up here. OK, read the ordinance on item nine. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 16, 20, 24 AND 28 NORTHWEST 36Tn COURT,
MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING RO 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
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
83. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 AT 16, 20, 24, AND
28 N.W. 36 COURT FROM R-2 TWO-FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY
DISTRICT TO C-1 RESTRICTED COMMERCIAL. (Applicant: Eduardo, Inc.)
Chairman Plummer: Item ten is a companion.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): This is where the covenant should be.
Chairman Plummer: All right, it's subject to second reading being approved for the covenant on the
land. Read the ordinance. I am sorry, moved by Regalado, seconded by Sanchez. Read the ordinance.
Call the roll.
Vice Chairman Gort: Let me ask a question. What you are doing here is "The Cafeteria" and all the
stores going down, and you are going to be one free standing only?
192 June 22, 1999
I
Mr. Proctor: That's correct.
Vice Chairman Gort: In other words, the existing property is not going to remain, that's going to be
knocked down?
Mr. Proctor: That's correct.
Vice Chairman Gort: OK.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL AND
SD-12 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 16, 20, 24 AND 28 NORTHWEST 36T" COURT,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and
was passed on first reading by title only, 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.
The City attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
8 4. SECOND READING ORDINANCE: AMEND CODE "ALCOHOLIC BEVERAGES" TO
INCLUDE SD-8 DESIGN PLAZA COMMERCIAL -RESIDENTIAL DISTRICT - TO ALLOW DESIGN
DISTRICT TO REMAIN COMPETITIVE AS AN ENTERTAINMENT DISTRICT. (Applicant:
Planning Department).
Chairman Plummer: Item eleven is the SD-8 "The Design District" to allow them to have an
entertainment portion to their district. Moved by Gort, seconded by Sanchez. Read the ordinance. Let
the record show that it is a second reading and final. Call the roll.
193 June 22, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC
BEVERAGES", TO MODIFY PROVISIONS RELATED TO RETAIL
SPECIALTY CENTERS, TO ADD A DEFINITION FOR "CENTRAL
DESIGN DISTRICT," TO INCLUDE THE "CENTRAL DESIGN
DISTRICT" AS AN EXCEPTION AREA TO DISTANCE
REQUIREMENTS, AND TO PERMIT FOOD ESTABLISHMENTS,
AS SET FORTH IN SECTION 4-13, WITH A MINIMUM OF 0 SEATS
AND 51% OF REVENUES OBTAINED FROM FOOD SALES, TO
SERVE ALCOHOLIC BEVERAGES; MORE PARTICULARLY BY
AMENDING SECTIONS 4-2 AND 4-13; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 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.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11810.
85. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TO ALLOW FOR
PRIVATE FUNCTIONS TO BE HELD AT CLUBS OR LODGES BY MEMBERS OF THE GENERAL
PUBLIC. (Applicant: Planning Department).
Chairman Plummer: Item twelve is an amendment to the Ordinance 11000. It would be for the public
use of clubs or lodges for private functions. Mr. Gort.
Vice Chairman Gort: My understanding, the present ordinance that we have today that private clubs
cannot be allowed to have functions for the public. In other words, they can't rent it to the public.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): It doesn't say whether you can or can't.
This is to clarify that that can be done.
Vice Chairman Gort: So, what you are saying now is that private clubs will be entitled to rent their space
to anyone in the public that would like to rent it.
194 June 22, 1999
Ms. Slazyk: For like a banquet type functions.
Vice Chairman Gort: Like a banquet and they will still be...
Ms. Slazyk: Yeah, and banquet facilities are already allowed in C-1, so...
Vice Chairman Gort: But, it would still be considered a private function.
Ms. Slazyk: Yes.
Vice Chairman Gort: OK.
Chairman Plummer: Well, wait a minute now, because I have got a question. My Elks Club down, what
used to be downtown. We were always told that you can have an affair, a banquet, a dinner, but you
could not have serving of alcohol to non-members. That you could not serve from a bar, non members of
the club.
Ms. Slazyk: This doesn't affect that.
Chairman Plummer: So, I don't want any confusion here.
Ms. Slazyk: Right, OK. This wouldn't affect that because we are not amending the Alcoholic Beverage
portion of the City code that would deal with that. This would just be for the use of the space.
Chairman Plummer: OK, so, but I mean it should be made clear...
Ms. Slazyk: Yes.
Chairman Plummer: ... because when you have a wedding reception, it's just naturally going to be
assumed that alcohol is going to be served, unless it's Gort, because he is a teetotaler, you know. But, I
think it should be...
Vice Chairman Gort: My thing is, you can't sell it, but you can give it. If you don't charge there is no
problem.
Chairman Plummer: Ali...
Mr. Joel E. Maxwell (Asst. City Attorney): Commissioner, if I may, Commissioner? That would be a
function of the type "Alcoholic Beverage" license that you have obtained from the State.
Vice Chairman Gort: The license that they have to...
Chairman Plummer: Yeah, but the thing I am trying to avoid, Mr. Maxwell, is the fact that I don't want
anybody to be misconstruing what we are doing here, OK. All we are allowing is, is to be used as a
banquet facility. Alcoholic beverages are a different ball game and in a different attitude. So, I just want
it made clear.
Mr. Juan Gonzalez (Zoning Administrator): Commissioner, for your information, this amendment will
allow them to serve at private functions, give away the alcohol, but it will allow them to serve alcohol.
195 June 22, 1999
I
Chairman Plummer: But, they cannot sell it.
Vice Chairman Gort: Name.
Mr. Gonzalez: They cannot sell it, but they will be able to give it away at a private function.
Vice Chairman Gort: They cannot sell it. Name.
Mr. Gonzalez: Juan Gonzalez, Building and... Planning Department. I am sorry.
Chairman Plummer: All right, did we read...
Vice Chairman Gort: See, as Vice Chairman, I have got to stay after him and make sure he does his job.
Chairman Plummer: Oh, be quite. Did we read the ordinance, yet?
Mr. Maxwell: No, we haven't.
Chairman Plummer: Well, read it. All right, it's moved by Gort, seconded by Sanchez. Call the roll.
Regalado, oye. Number 12.
Ms. Slazyk: Yes.
Chairman Plummer: He votes, yes. He doesn't know what it is, but he votes "yes."
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 25. DEFINITIONS, IN ORDER TO MODIFY THE
DEFINITION OF "CLUB OR LODGE" TO ALLOW CLUBS AND
LODGES, INCLUDING PRIVATE CLUBS AND LODGES, TO BE
UTILIZED FOR BANQUET FUNCTIONS BY THE PUBLIC;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
196 June 22, 1999
The City attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
86. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TO SPECIFY
'THAT SINGLE FAMILY AND DUPLEX DEVELOPMENT TO BE LOCATED WITHIN THE R-3
AND R-4 ZONING DISTRICT MAY UTILIZE BUILDING CRITERIA AS SET FORTH IN R-I AND
R-2 ZONING DISTRICTS (Applicant: Planning Department)
Chairman Plummer: All right, item 13. Another amendment to 11000. This one here will allow a single
family in 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.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort...
Commissioner Sanchez: So second.
Chairman Plummer:... seconded by Sanchez. Anyone in opposition or wish to speak to the issue of item
13? Read the ordinance. First reading. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE. MIAMI CITY COMMISSION
AMENDING ORDINANCE NO, 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 4, SECTION 401. SCHEDULE OF DISTRICT
REGULATIONS AND ARTICLE 9, SECTION 903. GENERAL AND
SUPPLEMENTARY REGULATIONS, TO PROVIDE THAT SINGLE
FAMILY AND DUPLEX DEVELOPMENT TO BE LOCATED
WITHIN THE R-3 AND R-4 ZONING DISTRICTS MAY UTILIZE
THE BUILDING CRITERIA AS SET FORTH IN THE R-1 AND R-2
ZONING DISTRICT CLASSIFICATIONS, RESPECTIVELY;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and
was passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plumper, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
197 June 22, 1999
The City attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
87. VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY (ALLEY) 213/222/233 N.E.
23" STREET, 212 N.E. 24T►i STREET, 2313 N.E. 2ND AVENUE AND 2318 N.E. 2ND COURT.
APPLICANT: MICHAEL D. WOHL, PRESIDENT, WYNWOOD TOWER APARTMENTS, LTD.
(See label 76)
Chairman Plummer: Item 14, Upper Eastside. Hello there. Wait a minute, let me go back to item three.
The closure ... sir. We would like to approve it, and you are going to make a contribution to the Roller
Blades?
Mr. David Deutch: Yes.
Chairman Plummer: Moved by Sanchez, seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Unanimous, sir. That's prior to your building permit.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-468
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CLOSING, VACATING AND DISCONTINUING
FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-
WAY, BEING THE PORTION OF THE PROPERTY LOCATED AT
APPROXIMATELY 213/225/233 N.E. 23" STREET, 212 N.E. 24T"
STREET, 2313 N.E. 2ND AVENUE AND 2318 N.E. 2" COURT,
MIAMI, FLORIDA; AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO AND MADE A PART
HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution 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.
198 June 22, 1999
[Note: Although absent during roll call, Commissioner Teele requested of the Clerk to
be shown as being in agreement with the motion.]
Mr. Deutch: Very good, thank you.
Chairman Plummer: All right, Upper Eastside.
Vice Chairman Gort: J.L.
Chairman Plummer: Sir.
Vice Chairman Gort: Seriously, in our five-year plan. No, that's all right, you... In a five-year plan one
of the things that we talked about is, whenever we have cases like this that those donations be made to
the Affordable Housing Trust Fund, because that fund will be utilized by everyone in the City, especially
the zones that need it the most.
Chairman Plummer: I hear you. All right, when you are ready to make that presentation, please call me
and we will go over on a Friday or Saturday and we will make that presentation to the Roller Blades
because you will be very proud of where your money is going...
Mr. Deutch: Thank you.
Chairman Plummer: ... and it's a donation.
Mr. Deutch: Great.
Chairman Plummer: OK.
Mr. Deutch: I appreciate it.
8 8. APPROVE UPPER EASTSIDE MASTER PLAN FOR FUTURE DEVELOPMENT AND
PRESERVATION OF AREA. (Applicant: Planning Department)
Chairman Plummer: All right, Upper Eastside. I received a, even though my computer went bananas.
We have all heard this presentation now, unless there, many times over. This is the item fourteen which
is the Upper Eastside. You know, I am going to ask, is there any negative, which I did remember seeing
from Patrick. Number one, OK, his concern is the Affordable Housing where they are spending millions
of dollars to upgrade the area that they have not had adequate input into Affordable Housing. Address
that issue first.
Mr. Gregory Gay: OK, for the record, my name is Gregory Gay, member of the Planning Department.
Chairman Plummer: And, you did a hell of a job.
Mr. Gay: As it relates to Affordable Housing, the housing stock that is pretty much west of the
Boulevard right now is in the process of being restored and revitalized. Those housing stocks are pretty
much available at a nominal cost at this time, but it is unfortunate that as the area improves those
property values will increase. Now, as it relates to affordable housing as in new developments, most of
the residential area is zoned single-family with some areas that are zoned multi -family, just very few.
199 June 22, 1999
There are opportunities in the northern part of the City, north of 82"d Street where the areas are zoned R-
3, that will produce an opportunity to create affordable housing in those areas.
Chairman Plummer: All right, the second issue was in reference to not eliminating the motels, but to
allow them to upgrade in the area.
Mr. Gay: Basically, what we would like to do is take the hotels, because a lot of them have been built
prior to 1940-45, post World War 11. They are approaching that age where they can become historic in
name, but at the same time, the use has pretty much diminished for that particular area. What we would
like to do is have the properties converted to an adaptive reuse, similar to what they have done on Miami
Beach allowing offices, retail and the likes, other commercial activities within the area.
Chairman Plummer: The third item was in reference to, i guess I can name it, right? The Budget Motel
or hotel/motel, and the concern was, they are allowing the parking to be used for their configuration on
the street where it's dead-end that the neighbor in the rear is extremely concerned about the noise, the
disruption all night long of the Budge Motel. Now, that has just recently been bought and the person
who bought it came forth and said that they took it on foreclosure and that the real concern was allowing,
for the configuration of parking the on the site of the dead-end street.
Mr. Gay: That's going to be an issue that's going to have to be really analyzed a little bit more closely.
We just looked at it from a conceptual standpoint of creating like a pocket parking which will allow
additional parking for the hotel amenities as well as other commercial entities that are within the area.
That's going to have to be something addressed a little bit fiarther with the assistance of Public Works
and Off-street Parking.
Chairman Plummer: Martica, [phonetic] did you get the fax from Pat McCoy? I can't remember what
the third item was. There was a third item. There was another item. What was the third item? I don't
remember. No. Huh?
Unidentified Speaker: It was a parking...
Chairman Plummer: Well, no, there was a third item on his fax and I don't remember what it was. All
right, we can address it. One of the things that I think that was understood, because some of the people
wanted this thing deferred, and we said "no way, Jose", because if we deferred it, it will never get done.
Keeping in mind of all the improvements that are going to be made by the state and to go along and start
processing. To the Administration, I met with Mr. Kay this week, there are very, very serious concerns
about the guard houses, OK. It was laid out by I don't know who, but where they are supposed to have
two entrances going in, two lanes going in and one going out, it looks like just the opposite. The one
coming in, where the guard house sits, it can only accommodate one lane without going into the
sidewalk, correct?
Mr. Jim Kay (Director, Public Works): The guard house was constructed...
Chairman Plummer: Excuse me, the north guard house.
Mr. Kay: The north guard house on Northeast 5°i Avenue was constructed, and is being constructed with
two lanes going in and one lane going out. Tile problem is that the width of that street was only 40 feet,
existing pavement, and in order to get the guard house plus three driving lanes you need at least 42 feet
of pavement. Therefore, the west of the curb on 5`�' Avenue is going to be moved two feet to the west.
200 June 22, 1999
Chairman Plummer: For the record, Mr. Kay, when do we look at the rest of the barricades going in?
Mr. Kay: Our timetable with this project is to be completed the end of August. August 30"'.
Chairman Plummer: So, September the 1", we beat you.
Mr. Kay: OK.
Chairman Plummer: All right, Mr. Flanders, Shorecrest, Upper Eastside, Morningside, Belle Meade,
Bell Meade Island, and all of the rest... We, the people, Comments. Wait a minute, hold on.
Ms. Ana Gelabert: There were two additional comments that the Planning Advisory Board made, and if
you want that I address them now or after the presentation.
Chairman Plummer: Go ahead.
Ms. Gelabert: On page four, they wanted some language added where we said... page four and beginning
on the top of five, approval by City Commission, they wanted to add and other boards that are as
appropriate. And, the second request they made was to create design standards for the Upper Eastside,
for the Biscayne Boulevard, and they gave the Planning Department six months to do so. They did add,
Code Enforcement to be part of design standards. The Code Enforcement is not part of design standards.
We agreed to working with the design standards, that Code Enforcement should be something
independent taken to the NET (Neighborhood Enhancement Team) Office. [phonetic]
Chairman Plummer: All right, Shorecrest. Front and center.
Mr. Heikki Talvitie: Thank you. Thank you, Chairman, Commissioners. My name is Heikki Talvitie, I
am president of the Shorecrest Homeowners Association. I am also president of the Upper Eastside
Miami Council which represents the residents, businesses and some individuals throughout the Upper
Eastside. Tile ideas on this master plan, they are nothing new. They have been around for a long time,
and they have just been evolved over the years, and finally, Planning Department and Greg put it in
paper, so it's for their for you to approve. And, actually, this master plan started maybe, five, six years
ago over a lunch at the... Mike Gordon's Restaurant, and there are still some people around this room
who were at that lunch, not too many, but some.
Vice Chairman Gort: You can always invite us, no problem.
Mr. Talvitie: There is one thing which we have to remember on this one. This is a master plan. This is
not a blueprint, this is not a topographical what's going to happen, this is only the beginning. Should you
approve this, it is the beginning of our work to start doing the design standards that needs to be in there
and all that. And, the whole success or the failure of this plan depends on one thing, and that is, the
reconstruction of the Biscayne Boulevard.
Chairman Plummer: And, that's by the State of Florida?
Mr. Talvitie: That's by the State of Florida, but not alone because we, the people who live and work in
the area, are in a very unique position. We have secured eighteen point three million dollars
($18,300,000) on the TIP for construction of Biscayne Boulevard. In the history of Florida Department
of Transportation, this is the first time that a civilian organization, Upper Eastside Miami Council was
made to, a full design partner with FDOT (Florida Department of Transportation), and we are working
201 June 22, 1999
with FDOT on how the Boulevard is going to look like. And, FDOT is making this Boulevard project
into their showcase. There is already an internal public awareness training video that's been made about
it. And, i believe last week it was presented for a natural award consideration. The Biscayne Boulevard
will be again, a gateway to Miami, I am guaranteeing it.
Chairman Plummer: it should be.
Mr. Talvitie: There are many, many areas where we need to work to get it after you approve this master
plan. I should hope there are the design guidelines, zoning ordinances that need to be revisited, impact
fees needs to be considered, not only inner -City, but the County. And, I understand the County Manager
is working on it, a system to do that, and on the related regulations. This monling, you honored an
entrepreneur, Mike Soyka who has a vision for the Upper Eastside. He is the early entrepreneur, the risk
taker, we need to help the other ones to come along because they don't have pockets like he has. Also,
the master plan recommends that there needs to be some kind of economic development incubator in the
area where there is a person, perhaps who will go and actively seek and recruit new businesses for the
Boulevard, and that person also has to be able to cut the red tape in the City and the County.
Chairman Plummer: Well, just for your information, we are going to be putting in an application for
Community Development, economic development grant money. Hopefully, in the neighborhood of fifty
thousand dollars ($50,000).
Mr. Talvitie: Thank you.
Chairman Plummer: You haven't got it, don't thank me yet. When you get it, thank me. We are at least,
all we are telling you now is, we are going to try to get it into the budget.
Mr. Talvitie: Good. We in the Upper Eastside have been working on this for a long time, and we fully
support what's in there because it's the master plan, not a detail, and those of you who were at the
Soyka's opening, you saw the enthusiasm, you saw the energy what was over there, that is what's going
to happen in the Boulevard. Sorry for you guys, because we, we want to live, work, shop and play in the
best place in Miami, we live there. And, thank you in advance for your votes in favor of this one.
Chairman Plummer: Thank you, sir. Mr. Flanders.
Mr. Robert Flanders: My name is Robert Flanders, I live in the Palm Bay Towers, 720 Palm Bay Lane, I
have for the last 18 years. And, I can tell you, gentlemen that getting involved with this three-year
process to this point, thanks to this young lady sitting next to me, Ana Gelabert-Sanchez has been a
remarkable thing. I want you to look around the room because some of the people that have been there as
Heikki said for three years are in this room today. Gregory Gay, I thought I saw Clark Turner,
unfortunately for us, Jack Luft isn't here. But, i just want to tell you gentlemen, the process not only
worked, but it brought us into the company of some very, very fine people that work for the City of
Miami, and we would like to thank them right now. We love the City, that's why we are here. We are
filling what some people call a "leader vacuum." Hopefully, the people that come along after us won't
have to work as hard as we have. However, we have crafted a partnership, we are going to continue that
partnership, and we hope that, not only will Biscayne Boulevard be vitalized along with the
neighborhoods along it, but as I told Commissioner Teele earlier today, it's not going to stop at the
railroad tracks, it's not going to stop at 79'h Street, it really should be a blueprint for the rest of the City of
Miami. Anyway, gentlemen, thank you.
Chairman Plummer: Thank you, sir. Any other person wishing to make any comments in reference to
202 June 22, 1999
the masterplan? A motion is made by Commissioner Gort, and seconded by Sanchez to accept the
masterplan.
Mr. Joel E. Maxwell (Asst. City Attorney): is this as amended?
Chairman Plummer: i am sorry, as amended.
Ms. Gelabert-Sanchez: As amended with the, through the PAB (Planning Advisory Board). i just want
to make a clarification that the PAB had asked for design guidelines, but they did attach Code
Enforcement. The Planning Department's recommendation is to do the design standards and the Code
Enforcement should be an independent issue worked through the NET office, not part of the design
standards.
Chairman Plummer: Motion understood? All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: I have question.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-469
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (s), ACCEPTING THE UPPER EASTSIDE MASTER
PLAN, ATTACHED HERETO AS "EXHIBIT a", AND THE
COMPREHENSIVE ECONOMIC & MARKETING STRATEGIC
PLAN FOR THE UPPER EASTSiDE IN MIAMI, FLORIDA,
ATTACHED HERETO AS "EXHIBIT b", SUBJECT TO CERTAIN
CONDITIONS, AS A GUIDING TOOL FOR THE FUTURE
DEVELOPMENT AND PRESERVATION OF THE UPPER
EASTSIDE AREA OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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 Wifi•edo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
203 June 22, 1999
Chairman Plummer: Is there any other matters to come before this board? Oh, there is one, yes. This
was the one that's going to chop down the building.
Commissioner Teele: Mr. Chairman, I have a question.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I said I had a question. You know, Mr. Gay, I want to understand again, the same
statement I made to the Public Works Director this morning. The impact fee issue, did you all analyze
that in this master plan? Impact fees as it relates to the various areas that you have looked at.
Mr. Gay: No, that was not analyzed, but that is something that can be further analyzed because this is
just a tool for guiding the goals for the redevelopment.
Commissioner Teele: Well, somewhere between Public Works and Planning, I would really think, I
mean we keep talking about this Soyka thing, but the sad thing about the Soyka thing is that they got hit
with over one hundred thousand dollars ($100,000) of impact fees. Now, we have Brownfields, we have
Urban infield, we have all of these things that we talk about, but if people are having to pay impact fees
for water and sewer and even some other areas, we are making, you know, you might as well go out to
the edge of the Everglades and do this. I mean, what's the advantage in doing urban infield if you are
going to get hit with the same impact fees? And, the fact is, it's not the same cost. Impact fees should
bear a burden associated with the cost, and so, I would only hope again, that in the context that I asked
the Manager this morning, that you all would weigh in on that, meet with Mr. Soyka, because I think we
need to really look at the impact fee issue because the City of Miami is the core of the inner -City, of the...
It's the core of the infield area, and there will be no development if we are going to hit everybody with
impact fees. Commissioner Gort, I know you have a view on that, and I really want to hear your view
because you know, the same thing has happened for the DDA (Downtown Development Authority).
Chairman Plummer: It's true everywhere. Mr. Gort.
Vice Chairman Gort: Well, unfortunately, we have a gentlemen that has been, has a project on
Southwest 81h Street and 12`' Avenue, and it's a beautiful project that they have put together, and they got
the ahead, what... they had to change their piping in order to connect the sewer and they had to pay fifty
thousand dollars ($50,000), and this is a guy that does not have the money to do so. I think we need to
look into that, and also, presently there are certain reserves of money from impact fees that can be
utilized in some of the neighborhoods and we should go ahead and do so. But, you are right, if we want
to have the development, we need to create the technical and economical incentive, or it's not going to
happen.
Commissioner Teele: But, the question is this, if it's not being addressed in this planning study, and I am
not saying, Madam Manager, I am not... You know, we don't meet but once every two weeks, so I am
talking to the management now. if, please, if it's not being addressed in this study, and I am not
suggesting that it is, who in the City of Miami is addressing this question that we all are dealing with and
recognizing relating to impact fees? Who Madam Manager, is doing that?
Chairman Plummer: It would be Finance Department, probably.
Mr. Maxwell: If I may assist on that, Commissioner. First of all, the impact fees that were mentioned
were not City of Miami impact fees, those were County impact fees.
204 June 22, 1999
Commissioner Teele: I understand that water and sewer. But who is going to speak for the citizens of
this community, and who is going to fight the policy battles if we don't do it, who else is there to do it?
Mr. Maxwell: Well...
Commissioner Teele: I mean, it's our citizens, it's our Water and Sewer Department. We stupidly
turned it over to them, predates all of us, but the fact of the matter is, this is not an issue of City versus
County, it's not an issue of whose jurisdiction. We have the responsibility for economic development,
and the question is... They are talking about how, why do we need to hire somebody for fifty thousand
dollars ($50,000) to do economic development, if in fact, we are not going to do the work to allow there
to be new job creation? Somebody needs to present and study this thing, and we need to weigh in with
the County and try to figure out... Under the state law we may need to wound up with the Department of
Community Affairs and fight this battle and oppose the County's, oppose the County's... What do you
call those things that they have to do every five years with Community, with Community Affairs in
Tallahassee?
Mr. Maxwell: Are you talking about a review of the Comprehensive Plan every five years?
Commissioner Teele: The Comprehensive Plan.
Mr. Maxwell: That's correct.
Commissioner Teele: But, these plans make no sense if the inner core of the urban infield area is being
hit with one hundred and twenty-five thousand dollar ($125,000) impact fees.
Mr. Maxwell: Are you?
Commissioner Teele: I mean, it's all, it's good rhetoric, it sounds good, but the fact of the matter is, it's
a major inhibitor to economic development. And, I don't want to get into whose jurisdiction it is. The
City has jurisdiction for trying to defend our citizens, and I just want someone in the City to take the
responsibility for studying this issue, coming back to this Commission and helping us to formulate a plan
so that we can change the County ordinance if that's what it needs to be done, or we can oppose the
County's master plan or their development plan in Community Affairs because they... All over these
plans, all they talk about is Eastwood Ho, Brownfields; urban core; redevelopment in urban infields, I
mean, these things sound good, and I thought, stupidly, as a County Commissioner, that when we talked
about urban core, they already built out of the magic terms that it meant that you didn't have to pay to
hook up. Now, I am finding out where the rubber ►neets the road not only do you pay, but you pay
through the nose.
Mr. Maxwell: And, Commissioner, you are right. All they way through the statutes there are references
to impact fees and the use of impact fees to encourage development activity. Eastwood Ho is a creation
of the legislature. The legislature is the primary instrument that would be the one that could place
pressure on local governments including the County to provide those incentives in the form of a
reduction in impact fees and the like. So, I would suggest that through the legislature process, that is, our
delegation in Tallahassee, and also meeting with the County, if they are not responsive, would be the way
to go on that.
Commissioner Teele: So, the City Attorney's Office is taking the responsi
Mr. Maxwell: No, sir.
205 June 22, 1999
Commissioner Teele: The question is... Well, I mean, you know, that... See, that's all good sounding
stuff, but the question is one simple question.
Vice Chairman Gort: Who is going...
Commissioner Teele: Who in the City is going to take responsibility for looking at these impacts? I just
heard Commissioner Plummer say, to my open mouth surprise, that he is going to put in for fifty
thousand dollars ($50,000) for Community Development money, for what? For economic development.
And, what I am telling you is one of the biggest impediments. We don't need a fifty thousand dollars
($50,000) economic development person right now, maybe you do, maybe you don't. The biggest
impediment to economic development, if you talk to Soyka, if you talk to any of these people around
here, are these impact fees. And, so why are we going to throw more money at this? Why can't we all
stop dancing around the issue and somebody say, whether it be the Planning Department, the Public
Works Department, the Finance Department, the... what's that thing Erdal is doing now?
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): Real Estate and Economic.
Commissioner Teele: The Real Estate Development. All these different people here, can't somebody
say that I am going to be responsible for studying this impact fee issue, for developing a plan, for coming
back to the Commission, and if it means we wound up filing suit in Tallahassee to stop the
Comprehensive Plan of the County to force the impact fee, we have got to fight for our citizenry.
Ms. Gelabert-Sanchez: Commissioner, the administration will look into that. Right now, we are looking
at the revamping the impact fee ordinance.
Chairman Plummer: Well, that's all...
Ms. Gelabert-Sanchez: And, there is not one department, there is a group of people representing the
various departments that have to do with impact fees.
Commissioner Teele: Who is going to head that group?
Chairman Plummer: Hey, I think it's got to be a combination. I think it's got to be the Finance
Department, because that's got to be a balance.
Commissioner Teele: Well, that's fine, but at the end of the day, somebody has got to be in charge.
Ms. Gelabert-Sanchez: Excuse rile, excuse me.
Chairman Plummer: Well, the Manager is, that's where the buck always stops.
Ms. Gelabert-Sanchez: The Assistant City Manager, Dena Bianchino, is heading that effort.
Commissioner Teele: OK.
Vice Chairman Gort: Question.
Chairman Plummer: All right, Mr. Gort.
206 June 22, 1999
Vice Chairman Gort: My understanding is, the impact fee was introduced, how long ago?
Ms. Slazyk: About 15 years.
Chairman Plummer: No, not that long.
Vice Chairman Gort: Fifteen years ago. The reason it was...
Ms. Slazyk: A little less, maybe 12.
Vice Chairman Gort: The reason it was introduced, it was because of the build-up in the suburbs and the
extension of the roads and the school system and the water and sewer, and that's the reason why an
impact fee was created. Now, we at the City -- and this is just food -for -thought —we, at the City, already
have the roads, we have the constructions, we have the school system. In other words, the only persons
that can cause major impact would be the large scale buildings or large scale developments. And, I think
this is something that the City should look into. There is a difference between needy neighborhoods
where you have affordable housing that needs to go through compared to major developments taking
place in some other place. Let's face it, anytime you have a project where you are going to have 400
apartments that is going to create traffic problems, that's going to create major problems and there should
be an impact fee in there.
Chairman Plummer: We argued that before, at the time they were put in.
Ms. Slazyk: Yeah, we do give credit. Yeah, we do give credit for existing buildings. If somebody is
coming in to change the use of a building a credit is given for the square footage at the prior use and they
don't pay the full fee. So, things are credited when they come in. It's the increase in development.
Chairman Plummer: Yeah, but let's go back to the inception.
Ms. Slazyk: Yes.
Chairman Plummer: I was here, OK. And, in the inception was, there was a state statute that made it
down here, and this City ran in real quick like and imposed an impact fee so that this County did not have
the right to supersede us and go over and tell us what we could do. We, in all good intentions in the
beginning, said that the impact fees were great. But, let me tell you, somewhere they were out of line,
and I want to tell my colleague, Mr. Teele, that it is needed for an economic development group in the
Upper Eastside, maybe not from Community Development because they are not a targeted area, but I can
tell you two different businesses. One the guy is on Miami Beach, and I am not going to give his name or
what business he wants to bring to the Upper Eastside, but he needs help. The other one is a guy in the
Design District who wants to come back into the Design District which he left previously. These are the
kinds of things that I think a grant of economic development could work out great. The impact...
Commissioner Teele: J. L., you are missing my point. I'll second the motion, that's not my issue at all.
The number... We know the number one impediment. I mean if you talk to Mark Soyka the way you
have, the way I have, the way most of the people have. The biggest impediment even with his
sophistication, the biggest impediment that he had in building that, which cost him more time and more
money out of budget, was impact fees. Now, all that I am saying is, you can hire three people to do
economic development in the Upper Eastside. If we as a City don't take the impact fees on as a priority,
we are just wasting money, because that's going to be the problem. If Mark Soyka had a problem, I can
assure you anyone else is going to have a problem.
207 June 22, 1999
Chairman Plummer: And, I totally concur, and will ask the Administration to come back prior to budget
time with some kind of an answer or game plan that we can try to do something with.
Vice Chairman Gort: If you will allow me, I have been working with them on this because of something
that has taken place in downtown development, and I would be more than glad to continue working with
them.
Chairman Plummer: All right, would you like to be appointed to... the Chairman?
Vice Chairman Gort: Not the Chairman, but I would work with them.
Chairman Plummer: OK, that's fine.
8 9. GRANT APPEAL, REGARDING VARIANCE TO ALLOW STRUCTURE WITH REDUCED
SETBACK FOR SINGLE, FAMILY RESIDENCE AT 5771 S.W. 7Tn STREET (Applicant: Mario and
Noraida Perez) (See sections #75 and #91).
Chairman Plummer: All right, what was this other item? What was he on, what number item?
Commissioner Regalado: We need to do...
Commissioner Sanchez: Number, PZ-2.
Ms. Lourdes Y. Slazyk: PZ-2.
Chairman Plummer: Did we not vote? Did we vote on the item of the master plan?
Ms. Slazyk: Yes.
Mr. Walter J. Foeman (City Clerk): Yes.
Chairman Plummer: All right, now we are back to PZ-2.
Commissioner Regalado: OK, Mr. Chairman, I would like for this gentleman to tell the board some of
the things that they want us to realize.
Mr. Mike Perez: Yes, we would like to say that, you know, now understanding what hardship means,
that there is some hardship in this request for a variance. First of all, our property is only 5,000 feet
which is 5,000 square feet which is the minimum allowed by the City of Miami which makes it small if
we take out the terrace. Second of all is, the terrace was already there when we bought the house and
demolishing the terrace would cost us money and fees that we also don't have any knowledge if we are
able to pay these fees. So, we also have signatures of all the property owners within 375 feet approving...
Chairman Plummer: OK. Mr. Regalado, a motion, please.
Commissioner Regalado: OK, a motion to grant the appeal to Mario and Noraida Perez.
Commissioner Teele: Mr. Chairman, I second the motion.
208 June 22, 1999
I
Chairman Plummer: Mr. 'reele.
Commissioner Teele: I second the motion with the understanding that, and I need staff to confirm this,
that when they purchased the house it was there, because to me, that is a hardship, particularly.
Chairman Plummer: All right, is it an ordinance or a resolution?
Mr. Joel E. Maxwell (Asst. City Attorney): It is a resolution.
Chairman Plummer: All right, staff you want to say something?
Mr. Roberto Lavernia: Yes, we have aerial from '89 saying that the addition was already there in 189...
Chairman Plummer: So, that verifies it.
Commissioner Teele: And, you all bought it when?
Mr. Perez: Excuse me.
Chairman Plummer: '89.
Commissioner Teele: You bought it in ' 89.
Mr. Perez: No, we moved in '91.
Commissioner Teele: OK. So, in '89 it was already there?
Mr. Perez: Yes, sir.
Commissioner Teele: And, to me, I'll ask Joel, for you to give me a legal class a little later. But, doesn't
that?
Vice Chairman Gort: This is a...
Mr. Maxwell: Well, it does not meet the letter of the law because a person is...
Commissioner Teele: OK, I didn't ask the question, I am sorry. I second the motion.
Vice Chairman Gort: Move to second.
Chairman Plummer: All right.
Mr. Perez: OK, I have got one more.
Commissioner Regalado: No, esperate, esperate.
Chairman Plummer: You better quit while you are ahead.
Mr. Perez: No problem.
209 June 22, 1999
I
Vice Chairman Gort: Sit down.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? You just won.
Mr. Perez: Thank you, sir.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-470
A RESOLUTION OF THE MIAMI CITY COMMISSION RANTING
THE APPEAL AND REVERSING THE DECISION OF THE ZONING
BOARD, T14EREBY GRANTING A VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
TO ALLOW A STRUCTURE WITHIN A REAR YARD SETBACK
OF 6.8 FEET (20 FEET REQUIRED) FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5771 SOUTHWEST 8T" STREET,
MIAMI, FLORIDA.
(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 Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: None.
90. AUTHORIZE INCREASE IN CONTRACT WITH ELECTRICAL CONTRACTING SERVICE
INC. FOR REPLACEMENT OF LIGHT POLE BASE FOR POLICE DEPARTMENT.
Chairman Plummer: Mister... Wait, wait, wait, hold on. Mr. Teele, this is not my item, it has been
brought up by the Police Department, they say it is important. These are the light fixtures that were torn
down by the tornado. I think that we should grant a resolution of the Miami City Commission
authorizing an increase in the contract with the Electrical Contracting Service, Inc., in the amount of six
thousand from twenty thousand four thirty to twenty-six four thirty for the replacement of light pole base
from the Police Department allocating funds therefor from the Capital Improvement Program from
Account Code No. 312015.299401.6.830. Moved by Gort, seconded by Teele. All in favor say "aye."
210 June 22, 1999
fit
The Commission (Collectively): Ave.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-471
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WITH
ELECTRICAL CONTRACTING SERVICE INC., IN THE AMOUNT
OF $6,000 (FROM $20,430 TO $26,430), FOR THE REPLACEMENT
OF A LIGHT POLE BASE; ALLOCATING FUNDS THEREFOR
FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT
CODE NO. 312015.299491.6.830.
(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.
91. COMMISSIONER SANCHEZ CLARIFIED THAT HE VOTES IN THE NEGATIVE IN
CONNECTION WITH APPEAL REGARDING VARIANCE TO ALLOW STRUCTURE WITH
REDUCED SETBACK FOR SINGLE FAMILY RESIDENCE AT 5772 S.W. 7 STREET (Applicant:
Mario and Noraida Perez) (See sections 75 and #89).
Chairman Plummer: All right, is there?
Commissioner Teele: Wait a minute, Mr. Chairman, jsut...
Vice Chairman Gort: I have, wait a minute.
Chairman Plummer: Mr. Gort.
Commissioner Sanchez: ... just to verify. PZ-2, my vote was a "nay."
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: One of the things that we started doing once, and we need to go back to. Mr.
Attorney, somehow these cases come in front of us quite a bit. When an individual buys a property, that
211 June 22, 1999
property is in non-compliance and somehow in the closing documents and the research that does not
appear. I think that we need to do something, we need to sit down with the real estates agents. At one
time, I know we wanted to ask for inspections just like the banks, the lending institutions would ask for
roof inspections and termite inspections, somehow we need to get some kind of code compliance
inspection.
Mr. Joel E. Maxwell (Asst. City Attorney): Well, Commissioner, the responsibility for being in
compliance with the law is that of the property owner. Be it subsequent property owners or current
property owners, and the fact that a person purchased a property and it has a code violation on it really
does not absolve them of responsibility and there they do have a remedy. Their remedy is to go back to
the...
Vice Chairman Gort: Back to the closing...
Mr. Maxwell: ... person that sold it to them or the person that handled the transaction, and if they have
title insurance and the such, and there is no exception for that, then that's their remedy.
Vice Chairman Gort: OK, question. I am not an attorney, but most of the times you have attorneys doing
the closing and they are responsible, and the title insurance is also responsible for this.
Chairman Plummer: Their title insurance.
Mr. Maxwell: They would, they would.
Vice Chairman Gort: OK.
Mr. Maxwell: Unless there is an exception.
Chairman Plummer:
Yeah, you pay one percent.
Vice Chairman Gort:
Somehow, we should go into that.
Chairman Plummer:
OK, is there anything else?
Vice Chairman Gort:
The meeting is adjourned.
Chairman Plummer:
This meeting is adjourned until July, what is it? 1 can't see it.
Vice Chairman Gort:
13"'.
Chairman Plummer:
July the 13"i.
Vice Chairman Gort:
Tuesday, the 13"i.
Chairman Plummer:
Tuesday, the 13"i. All that ends well is well.
212 June 22, 1999
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 6:22 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
Joe Carollo
MAYOR
213 June 22, 1999