HomeMy WebLinkAboutCC 1999-10-26 MinutesCITY'OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD OCTOBER 26, 1999
PREPARED BY THE OFFICE OF THE CITY CLERKUTY HALL
Walter J. Foema► lClty Clerk
ITEM NO.
INDEX
MINUTES OF REGULAR COMMISSION MEETING
OCTOBER 269 1999
SUBJECT
LEGISLATION
ATTORNEY CLIENT SESSION ANNOUNCED (CLOSED 10/26/99
TO PUBLIC) RE BRICKELL LAWSUIT LITIGATION. DISCUSSION
1-2
2. DISCUSS RESCHEDULING OF COMMISSION MEETINGS 10/26/99
FOR NOVEMBER AND DECEMBER 1999. (see section 4 DISCUSSION
3
42)
3. CONSENT AGENDA 10/26/99
DISCUSSION
3
3.1 ACCEPT BID: GROVE NURSERY FOR PALMS AND 10/26/99
CORAL ROCK BOULDERS AT HADLEY PARK ($12,250) 4 99-786
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROJECT.
3.2 ACCEPT BID: LOU'S GUNSHOP, FOR GLOCK R 10/26/99 87
FIREARMS, FOR POLICE DEPARTMENT, ($30,225); 4
ALLOCATING FUNDS FROM DEPARTMENT OF POLICE
GENERAL OPERATING BUDGET.
3.3
71
Nd 40
N OO
ACCEPT BID: ' D. E. GEM AND ASSOCIATES CORP., 10/26/99
FOR PROJECT ENTITLED MANUEL ARTIME R 99-788
COMMUNITY CENTER RENOVATION (211D BIDDING) 5
B-62999 ($89,995); ALLOCATE FUNDS FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
AS APPROPRIATED BY 1998-1999 ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENTS
ORDINANCE 11705, AUTHORIZE MANAGER TO
EXECUTE CONTRACT
3.4 AUTHORIZE ALLOCATION OF $20,948 FROM 10/26/99
COMMUNITY DEVELOPMENT BLOCK GRANT R 99-789
(CDBG) FUNDS PROJECT NO. 799602, FOR S
REHABILITATION OF BUSINESSES -LOCATED IN
THE DOWNTOWN AREA UNDER THE CITY-WIDE
COMMERCIAL FACADE PROGRAM.
3.5 AUTHORIZE FUNDING OF THE LITTLE ACORNS 10/26/99
CHILDREN & FAMILY PROGRAMS, INC., ALLOCATE R 99-790
FUNDS ($15,000), FROM LAW ENFORCEMENT TRUST 6
FUND.
3.6 TRANSFER A PORTION OF THE RIGHT-OF-WAY OF 10/26/99
NORTHWEST 9T' STREET, TO THE STATE OF 6 99-191
FLORIDA HIGHWAY SYSTEM; FURTHER AUTHORIZE
FLORIDA DEPARTMENT OF TRANSPORTATION TO
RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT
ROAD IN THE PUBLIC RECORDS OF MIAMI-DADS
COUNTY, FLORIDA.
3.7 ACCEPT DONATION, WITH ESTIMATED VALUE OF 10/26/99
$3,000, FROM RECIO AND ASSOCIATES, INC., OF R 99-792
ROYAL PALM TREES TO BE PLANTED BY CITY 6
PERSONNEL AT VARIOUS LOCATIONS WITHIN
COMMISSION DISTRICT 3.
3.8 ACCEPT CLERK'S CERTIFICATION OF AUGUST 24, 10/26/99
1999 ELECTION RESULTS OF OVERTOWN ADVISORY R 99-793
BOARD: DONALD BENJAMIN, CHARLES J. FLOWERS, 7
DEMAS JACKSON, IRBY MCKNIGHT, GERALD
MUHAMMAD.
4 RELATED TO THE. TASTE OF THE GROVE EVENT ON 10/26/99
JANUARY 22-23, 2000, GRANT MR. SID SUSSMAN R 99-194
PERMISSION TO SELL SPIRIT BASED ALCOHOLIC 7-9
BEVERAGES AND APPROVE CLOSURE OF
McFARLANE ROAD AND SOUTH BAYSHORE DRIVE.
COMMISSIONER TEELE. STATES ITEMS RELATED TO 10/26/99
USE PERMITS AND DONATION OF IMPROVEMENTS TO DISCUSSION
CITY -OWNED PROPERTY ADJACENT TO AMERICAN 9-10
AIRLINES ARENA, WHICH WERE REQUESTED TO BE
SCHEDULED, DO NOT•APPEAR ON TODAY'S AGENDA..
PRESENTATIONS, PROCLAMATIONS: APPRECIATION 10/26/99
TO GERRITS WALBRIDGE CONSTRUCTION COMPANY DISCUSSION
FOR CONTRIBUTIONS TO DOMINO BRIDGE 10
COMMUNITY TOURNAMENT — COMMISSIONER TEELE
COMMENDS VICE CHAIRMAN GORT FOR HIS EFFORTS
IN BRINGING COMMUNITY TOGETHER.
7 REQUEST TO EXPEDITE HADLEY PARK 10/26/99
CONSTRUCTION PROJECT. DISCUSSION
11-12
8 COMMEND MANAGER AND CITY EMPLOYEES FOR 10/26/99
GOOD WORK DURING HURRICANE IRENE - PICKUP OF DISCUSSION
DEBRIS. 13
SUCCESS OF VIRRICK GYM SHAKE -A -LEG OLYMPIC 10/26/99
BLIND SAILING EVENT. DISCUSSION
13
10 ACCEPT BID OF EDFM CORPORATION, ($167,000),
FOR PROJECT "ENTRADA GUARDHOUSE (SECOND
BIDDING), B4612' ; ALLOCATE FUNDS FROM
APPROPRIATIONS AND CAPITAL IMPROVEMENT
ORDINANCE NO. 11705, $167,000 THE CONTRACT
COST AND $1,000 EXPENSES, AN ESTIMATED TOTAL
COST OF $168,000; AND AUTHORIZE MANAGER TO
EXECUTE CONTRACT.
11 WAIVE PROHIBITION IN CODE SECTION 2-612 AS
APPLIES TO SAL LANDA, A CITY OF MIAMI
EMPLOYEE, AND PRINCIPAL OF MAXPORT, INC., IN
RELATION TO HIS ENTERING INTO A REVOCABLE
LICENSE AGREEMENT FOR 'THE PURPOSE OF
INSTALLING, MANAGING AND OPERATING A
HOCKEY RINK, SKATE PARK AND FUTSAL AT
CITY -OWNED PROPERTY LOCATED AT DOUGLAS
PARK, 2795 SOUTHWEST 37TH AVENUE.
12 SECOND READING ORDINANCE: AMEND CODE
SECTION 50-310 "SHIPS, VESSELS AND
WATERWAYS/CITY MARINAS/COMMERCIAL
VESSELS"; TO ALLOW CURRENT SIGHTSEEING BOAT
DOCKAGE AGREEMENT HOLDERS OPERATING
WITHIN INSIDE BASIN OF MIAMARINA TO OPERATE A
REPLACEMENT SIGHTSEEING BOAT UNDER CERTAIN
CONDITIONS.
13 SECOND READING ORDINANCE: AMEND CODE
CHAPTER 56 "TAXATION," TO PROVIDE FOR
ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN
QUALIFYING SENIOR CITIZENS TO BE APPLIED TO
MILLAGE RATES LEVIED BY THE CITY - COMMENTS
RE MAYOR'S MEMO INACCURATE: NO -FINANCIAL
IMPACT IN FY 2000 AND HERALD ARTICLE
DAMAGING TO COMMISSION.
10/26/99
R 99-795
13-17
10/26/99
R 99-796
17-19
10/26/99
ORDINANCE 11846
19-21
10/26/99
ORDINANCE 11847
22-26
14 (A) FIRST
READING ORDINANCE: AMEND CODE
10/26/99
SECTIONS
42-102. THROUGH 42-104, ADD NEW
ORDINANCE
SECTIONS 42-116 TO 42-118 "TOWING OF MOTOR
M 99-79
M 99-798
VEHICLES";
TO PROVIDE DEFINITIONS AND
ORDINANCE
ESTABLISH
REGULATIONS, PROCEDURES AND
26-44
PENALTIES
FOR THE IMMOBILIZATION OF
VEHICLES
PARKED ON PRIVATE PROPERTY
WITHOUT
PERMISSION OR AUTHORITY -
(BOOTING CARS)
(B) AMEND REQUEST FOR QUALIFICATIONS (RFQ) FOR
TOWING RE FEES AS $80 TOTAL AND REALIGN ZONE
2 BOUNDARY - ADJUST AT END OF YEAR TO ENSURE
EQUITABLE TOWING AMONG COMPANIES.
15
ACCEPT GRANT FROM MIAMI-DADE CULTURAL
10/26/99
AFFAIRS COUNCIL FOR THE MANUEL ARTIME
ORDINANCE
PERFORMING ARTS CENTER, ESTABLISH NEW
44-45
SPECIAL REVENUE FUND, APPROPRIATE FUNDS
($145,000)..
16
SECOND READING ORDINANCE: AMEND CODE
10/26/99
SECTION 2-892, ADD NEW SECTIONS 22-170 THROUGH
ORDINANCE 11849
22-174 TO CREATE COMMERCIAL SOLID WASTE
41-46
MANAGEMENT ADVISORY COMMITTEE.
17
FIRST READING ORDINANCE: AMEND ORDINANCE
10/26/99
11520, TO INCREASE APPROPRIATIONS TO SPECIAL
ORDINANCE
REVENUE FUND "COPS MORE 96" ($340,002), SAID
46-47
ADDITIONAL FUNDS RECEIVED IN 1998 AND 1999 AS
SUPPLEMENTAL GRANTS FROM U.S. DEPARTMENT
OF JUSTICE FOR CONTINUED OPERATION OF SAID
PROGRAM; AUTHORIZE MANAGER TO ACCEPT
GRANTS.
18
FIRST READING ORDINANCE: AMEND ORDINANCE
10/26/99
11167, TO INCREASE INITIAL RESOURCES,
ORDINANCE
APPROPRIATIONS FOR SPECIAL REVENUE FUND
4748
"OPERATION C.A.R.S.," ($49,124), CONSISTING OF
GRANT FROM STATE OF FLORIDA MOTOR
VEHICLE THEFT PREVENTION AUTHORITY;
AUTHORIZE MANAGER TO ACCEPT GRANT.
19 FIRST READING ORDINANCE: ESTABLISH INITIAL 10/26/99
RESOURCES AND APPROPRIATIONS FOR SPECIAL ORDINANCE
REVENUE FUND "TROOPS FOR COPS 99 GRANT," 4849
AUTHORIZE MANAGER TO ACCEPT GRANT,
($54,900), FROM U.S. DEPARTMENT OF JUSTICE,
OFFICE OF 'COMMUNITY ORIENTED POLICING
SERVICES (COPS).
20 FIRST READING ORDINANCE: ESTABLISH INITIAL 10/26/99
RESOURCES AND APPROPRIATIONS FOR SPECIAL ORDINANCE
REVENUE FUND "SCHOOL BASED PARTNERSHIPS 49-50
GRANT II," AUTHORIZE MANAGER TO ACCEPT
GRANT, ($207,317), FROM U.S. DEPARTMENT OF
JUSTICE, OFFICE OF COMMUNITY_ ORIENTED
POLICING SERVICES ("COPS").
21 FIRST READING ORDINANCE: AMEND CODE SECTION 10/26/99
2-892 "ADMINISTRATION/BOARDS, COMMMEES, 50RDMANCE
M COMISSIONS," TO REMOVE REQUIREMENT FOR
-51
SUNSET REVIEW OF OCCUPATIONAL LICENSE
EQUITY STUDY COMMISSION.
22 SUNSET (ABOLISH) OCCUPATIONAL LICENSE 10/26/99
EQUITY STUDY COMMISSION - EXPRESSING TO R 99-199
MEMBERS OF SAID COMMISSION APPRECIATION 51-52
FOR THEIR COMMITMENT AND SERVICE.
23 ESTABLISH POLICY THAT ALLOWS EACH 10/26/99
COMMISSIONER TO INTRODUCE A FEE WAIVER R 99-800
FOR ONE PARADE, FESTIVAL OR SIMILAR EVENT 52-53
IN HIS/IER DISTRICT FOR ANY FISCAL YEAR.
24 AUTHORIZE MANAGER TO EXECUTE AGREEMENT 10/26/99
WITH NIIAMI-DADE HOUSING AGENCY, TO ACCEPT R 99-801
GRANT FOR PROVISION OF POLICE SERVICES 53-54
THROUGH THE COMMUNITY ORIENTED POLICING
PROGRAM ("COPS PROGRAM"), ($300,000), WITHIN
THE FOLLOWING NET SERVICE AREAS:
ALLAPATTAH, OVERTOWN, WYNWOOD, EAST LITTLE
HAVANA, LITTLE HAITI, AND COCONUT GROVE.
25 ESTABLISH ORANGE BOWL STEERING 10/26/99
COMMITTEE, RELATED TO THE REHABILITATION R 99-802
AND MARKETING OF THE ORANGE BOWL. 55-56
26 CONFIRM APPOINTMENTS OF CARIDAD MONTERO 10/26/99
AND RONALD THOMPKINS AS MEMBERS R 99-803
(REPRESENTING CITY INDEPENDENT GROUP UNION) 56-57
OF THE BOARD OF TRUSTEES OF GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST.
27 REFER TO PLANNING ADVISORY BOARD AND 10/26/99
ZONING BOARD TO REVIEW PROLIFERATION OF M 99-804
CLINICS AND DRUG HALFWAY HOUSES IN SD 9 57-58
OVERLAY DISTRICT FOR UPPER EASTSIDE.
28 EMERGENCY ORDINANCE: AMEND CODE SECTIONS 2- 10/26/99
887 AND 2-1131 - REDUCE QUORUM REQUIREMENT ORDINANCE 11849
FOR BROWNFIELDS ADVISORY BOARD. 59-62
29 REQUEST COOPERATION OF MIAMI-DADS COUNTY 10/26/99
SCHOOL BOARD IN THE RELOCATION EFFORTS M 99-805
RELATED TO TENANTS OF MIAMI LIMITED II R 99-806
62-76
HOUSING PROJECT - APPROVE CITY'S REVISED
ADMINISTRATIVE PLAN IN CONNECTION WITH
IMPLEMENTATION AND ADMINISTRATION OF
CITY'S SECTION 8 MODERATE REHABILITATION
PROGRAM AND SECTION 8 MODERATE REHAB
VOUCHER REPLACEMENT PROGRAM; AUTHORIZE
MANAGER TO SUBMIT PLAN, FOR REVIEW AND
APPROVAL BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT. (see section # 70)
30 (RATIFY, APPROVE, CONFIRM MANAGER'S 10/26/99
ACTION IN EXECUTING AMENDMENT NO. 5 TO R 99-807
MANAGEMENT AGREEMENT, WITH LATIN 76-82
AMERICAN GOURMET RESTAURANT, INC., WHICH
PROVIDED FOR:
(1) THE REINSTATEMENT OF THE MANAGEMENT
AGREEMENT;
(2) EXTENSION OF TIME FOR OPENING OF
CONCESSION AREA AT PAUL WALKER PARK,
LOCATED AT 46 WEST FLAGLER STREET;
(3) CITY'S RETENTION OF $100,000 PROCEEDS
RECEIVED UNDER LETTER OF CREDIT UNTIL THE
COMPLETION OF THE CONSTRUCTION OF THE
CONCESSION AREA;
(4) RETURN OF $40;000 TO MANAGEMENT, WITH THE
REMAINING $60,000 PLUS INTEREST TO BE RETAINED
BY THE CITY, IN THE EVENT CONCESSION AREA IS
OPEN FOR BUSINESS ON OR BEFORE MARCH 31, 2000;
(5) CITY'S RETENTION OF $100,000 AND ALL
INTEREST ACCRUED IN THE EVENT CONSTRUCTION
IS NOT COMPLETED AND CONCESSION AREA IS NOT
OPEN FOR BUSINESS ON OR BEFORE MARCH 31, 2000.
31 PRESENTATION BY CORAL WAY NET SERVICE 10/26/99
CENTER DISCUSSION
82-90
32 SUPPORT FREE TRADE AREA OF AMERICAS 10/26/99
SECRETARIAT (OFFICES WITHIN ENTERPRISE ZONE) - R 99-808
SUPPORT PERMANENT LOCATION FOR SECRETARIAT 90-91
WITHIN CITY.
33 AUTHORIZE FUNDING OF NON -VIOLENCE PROJECT,
10/26/99
($75,500), ALLOCATE FUNDS FROM LAW
R 99-809
ENFORCEMENT TRUST FUND.
92-93
34 DISCUSS PROPOSED PLAT: ONE MIAMI PARCEL A.
10/26/99
DISCUSSION
93-94
35 AUTHORIZE MANAGER TO NEGOTIATE AND
10/26/99
EXECUTE REVOCABLE LICENSE AGREEMENT, WITH
R 99-810
COSCAN METROPOLITAN, L.L.0 FOR USE OF PORTION
94-95
OF MIAMI MARINE STADIUM PARKING LOT,
LOCATED AT APPROXIMATELY 3601 RICKENBACKER
CAUSEWAY, FOR TEMPORARY PARKING.
36 ACCEPT PLAT: ONE MIAMI PARCEL A.
10/26/99
R 99-811
95-97
37 RATIFY, APPROVE, CONFIRM MANAGER'S FINDING 10/26/99
OF EMERGENCY, WAIVE REQUIREMENTS FOR R 99-812
COMPETITIVE SEALED BIDS, FOR ACQUISITION OF 97-105
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS
AS REQUIRED FOR BURDEN RELIEF AND DISASTER
ASSISTANCE DUE TO DAMAGE CAUSED BY
HURRICANE IRENE; WHERE SAID CONTRACT OR
AWARD DOES NOT EXCEED $50,000; INSTRUCTING
THE CITY MANAGER TO SUBMIT TO EACH CITY
COMMISSIONER A COPY OF EACH CONTRACT,
PURCHASE ORDER AND/OR AGREEMENT EXECUTED.
38 BRIEF COMMENTS RE LATIN AMERICAN GOURMET 10/26/99
RESTAURANT, CONCESSION AT PAUL WALKER PARK, DISCUSSION
46 WEST FLAGLER STREET. 105
39
(A) ACCEPT DONATION OF IMPROVEMENTS FROM
10/26/99
CALOR DEVELOPMENT, LTD. FOR CONSTRUCTION
R 99-813
AND UTILIZATION OF PARKING LOT AND
R 99-814
105-117
RESTORATION OF PORTIONS OF SHORELINE FOR 801
BISCAYNE BOULEVARD, (F.E.C. TRACT); REPAIRS
AND MAINTENNCE SHALL BE PROVIDED AT COST OF
CALOR, INSTALLATION AND USE OF A FLOATING
DOCK OF A PORTION OF THE DEEP WATER SLIP —
penalty of $1,000 if tenants do not vacate City owned property
after requested to do so.
(B) URGE BASKETBALL PROPERTIES, LTD., AS
MANAGER, AND LEVY RESTAURANTS,
CONCESSIONAIRE, FOR THE ARENA TO AFFORD
FOOD SERVICE EMPLOYEES CURRENTLY EMPLOYED
AT THE MIAMI ARENA WITH FIRST PRIORITY
CONSIDERATION WHEN EMPLOYMENT FOR FOOD
SERVICE POSITIONS; ASSURE THAT FOOD SERVICE
PERSONNEL EMPLOYED AT THE ARENA ARE
BESTOWED WITH THE RIGHT OF UNION
REPRESENTATION.
40
COMMENTS BY COMMISSIONER REGALADO
10/26/99
REGARDING POCKET ITEM HE WISHES TO INTRODUCE.
DISCUSSION
117
41
APPOINT Adela Gonzalez AS REGULAR MEMBER OF
10/26/99
CODE ENFORCEMENT BOARD.
R 99-815
118-119
42
RESCHEDULE NOVEMBER MEETINGS TO TAKE PLACE
10/26/99 '
ON NOVEMBER 16, 1999 -- DECEMBER MEETINGS TO
R 99-816
TAKE PLACE ON DECEMBER 14, 1999 — ATTORNEY-
R 99-817
CLIENT SESSION RE PARKING SURCHARGE LAWSUIT
M 99-818
119-122
ON NOVEMBER 16, 1999.
43
REQUEST PLAN FOR - IMPLEMENTING STREET
10/26/99
SWEEPING IN RESIDENTIAL AREAS WHEREBY ALL
M 99-819
FIVE DISTRICTS WILL BE SWEPT ON AN EQUITABLE
122-126
BASIS; FUND SAID PROJECT FROM FUNDS RAISED BY
HOMEOWNERS IN THE GARBAGE FEE.
44
(A) AMEND 99-382, THE VIRGINIA KEY PARK CIVIL
10/26/99
RIGHTS TASK FORCE, EXPAND POWERS AND DUTIES,
R 99-820
IDENTIFYING FUNDING SOURCES, PROVIDE FOR
R 99-820.1
LEGAL COUNSEL, AND DESIGNATE SECRETARIAL
126-128
AND ADMINISTRATIVE SUPPORT STAFF.
(B) ALLOCATE $25,000 'FOR PRESENTATION OF
CHARRETTE TO FORMULATE STRATEGIES TO ASSIST
IN THE DEVELOPMENT OF VIRGINIA KEY PARK.
45 REQUEST PROCLAMATION TO HONOR JUDGE 10/26/99
LAWTON E. THOMAS, THE FIRST BLACK JUDGE IN DISCUSSION
STATE OF FLORIDA.. 129.130
46 EMERGENCY ORDINANCE: AMEND CODE SECTION 2- 10/26/99
37 "ADMINISTRATION/MAYOR AND CITY ORDINANCE 11850
COMMISSION", BY ADDING LANGUAGE TO CLARIFY 130-132
SECTION 4(g)(6) OF THE CHARTER AS IT RELATES TO
THE TIME WHEN THE REMOVAL OF THE CITY
MANAGER BY THE MAYOR WILL TAKE EFFECT.
47 DISCUSS FIRE DEPARTMENT'S PURCHASE OF AIR 10/26/99
CONDITIONER FOR FIRE STATIONS (see section # 49) DISCUSSION
132-133
48
APPOINT GEORGES WILLIAMS AS A MEMBER OF THE
10/26/99
ZONING BOARD.
R 99-821
133-135
49
(A) DISCUSS FIRE DEPARTMENT'S PURCHASE OF AIR
10/26/99
CONDITIONER FOR FIRE STATIONS (see section # 47)
DISCUSSION
(B) RESTORE ALL OF THE CUTS THAT WERE MADE
135-139
FROM CITY DEPARTMENTS AND AGENCIES, ALONG
WITH PREVIOUSLY PASSED MOTIONS NOS. 99-733, 99-
734 AND 99-735 WHICH ITEMIZED SAID CUTS.
50
DEFER CONSIDERATION OF PROPOSED EMERGENCY
10/26/99
WAIVER OF COMPETITIVE SEALED BIDS FOR
M 99-822
PROCUREMENT OF FURNITURE FROM VARIOUS
139-141
VENDORS FOR RENOVATION OF CERTAIN FIRE
STATIONS.
51
RATIFY, APPROVE, CONFIRM MANAGER'S
10/26/99
FINDING OF EMERGENCY, AUTHORIZE EXTENSION
R 99-823
TO CONSULTING SERVICES AGREEMENT WITH
141-143
MODIS CORPORATION UTILIZING EXISTING STATE
OF FLORIDA NEGOTIATED AGREEMENT PRICE
SCHEDULE (SNAPS), FOR PROCUREMENT OF
COMPUTER PROGRAMMING CONSULTING
SERVICES FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, INCREASE PAYMENT $35,000,
FROM $125,000 TO $160,000.
52
URGE PRESIDENT OF UNITED STATES AND
10/26/99
GOVERNOR OF FLORIDA TO REVIEW AND CONSIDER
R 99-824
EXTENDING CLEMENCY AND PROVIDING POLITICAL
144-146
ASYLUM TO ELIGIBLE CUBANS CURRENTLY
IMPRISONED IN THE UNITED STATES FOR ACTS
COMMITTED IN RELATION TO THE LIBERATION OF
CUBA FROM COMMUNIST DICTATORSHIP.
53 URGE FLORIDA LEGISLATURE TO AMEND CHAPTER 10/26/99
419, FLORIDA STATUTES (1997), TO GRANT LOCAL R 99-825
GOVERNMENTS AUTHORITY TO REGULATE THE 146-149
SITING AND ENFORCEMENT OF GROUP HOMES OF SIX
OR FEWER RESIDENTS IN RESIDENTIAL
NEIGHBORHOODS CONTAINING A
DISPROPORTIONATE SHARE OF GROUP HOMES, OR
WHERE THEY WOULD ADVERSELY ALTER THE
RESIDENTIAL NATURE -AND CHARACTER OF THE
SURROUNDING NEIGHBORHOOD; EXPRESS GRAVE
CONCERN REGARDING OVER -CONCENTRATION OF
GROUP HOMES CURRENTLY SITED WITHIN LOW-
INCOME AND MODERATE -INCOME RESIDENTIAL
DISTRICTS WITHIN THE CITY.
54 LEGISLATIVE PRIORITY LIST FOR THE STATE 10/26/99
LEGISLATIVE SESSION. DISCUSSION
149
55 REJECT BIDS IN CONNECTION WITH TIRES FOR THE 10/26/99
FIRE DEPARTMENT; ISSUE A NEW REQUEST FOR M 99-826
PROPOSALS FOR SAME, REVIEW SPECIFICATIONS TO 149-156
PROVIDE OPPORTUNITY FOR PREFERENCE TO LOCAL
MINORITY VENDORS.
56 MANAGER TO MEET WITH REPRESENTATIVES OF 10/26/99
EVENT TO BE HELD ON OCTOBER 30h', AT GIBSON DISCUSSION
PARK, CALLED "YOUTH EXPLOSION" 156
57 MAJOR USE SPECIAL PERMIT FOR JACKSON 10/26/99
MEMORIAL HOSPITAL PARKING GARAGE PROJECT R 99-827
AT 1975 N.W. 12 AVENUE (AKA N.W. 19 STREET) 157-162
[APPLICANT: PUBLIC HEALTH TRUST]
58 APPROVE CLASS H SPECIAL PERMIT FOR SIGN OF 10/26/99
GRAPHIC OR ARTISTIC VALUE (MURAL / R 99-828
COMMERCIAL) AT 100 NORTH BISCAYNE 162-168
BOULEVARD [applicant: David Garfinkle for NWT Partners,
AK Media Group]
59 CONTINUE CONSIDERATION OF PROPOSED
VACATION AND A CLOSURE OF A PORTION OF 1401
N.W. 16 STREET, 1469 N.W. 16 STREET, 1440 N.W. 17
STREET, 1468 N.W. 17 STREET AND 1641 N.W. 15
AVENUE FOR DEVELOPMENT OF PARKING LOT) AND
PROPOSED SPECIAL EXCEPTION TO ALLOW EXCESS
PARKING FOR EXISTING HEALTH CLINIC AT 1600 N.W.
14 AVENUE IN ORDER TO ALLOW CHAIRMAN
PLUMMER THE OPPORTUNITY TO VISIT SAID
PROPERTY.
60 FIRST READING ORDINANCE: AMEND 10544, THE
COMPREHENSIVE NEIGHBORHOOD PLAN, BY
CHANGING LAND USE DESIGNATION FOR
PROPERTIES AT 1800 NORTH BAYSHORE DRIVE AND
I825-1837 N.E. 4 AVENUE FROM HIGH DENSITY
MULTIFAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL. [APPLICANT: ADER PROPERTIES]
61 FIRST READING ORDINANCE: AMEND ZONING
ORDINANCE 11000 BY CHANGING ZONING
DESIGNATION AND ATLAS FOR PROPERTIES AT 1800
NORTH BAYSHORE DRIVE AND 1825-1837 N.E. 4
AVENUE FROM R-4 MULTIFAMILY HIGH -DENSITY
RESIDENTIAL TO SD-6 CENTRAL COMMERCIAL -
RESIDENTIAL DISTRICTS. [APPLICANT: ADER
PROPERTIES]
62 FIRST READING ORDINANCE: AMEND ZONING
ORDINANCE 11000 BY CHANGING ZONING AND
ATLAS FOR PROPERTIES AT 2600 AND 2612 S.W. 1
STREET AND 2601 AND 2611 S.W. 2 STREET TO ADD
SD-12 BUFFER OVERLAY DISTRICT (FOR PARKING
LOT ADJACENT TO COMMERCIAL FACILITY)
[applicant: Benjamin Leon, Jr., President for Twenty Seven &
First]
63 CONTINUE CONSIDERATION O
APPROVAL OF ALLAPATTAH GARDE
10/26/99
M 99-829
168-171
10/26/99
ORDINANCE
171-175
10/26/99
ORDINANCE
175-176
10/26/99
ORDINANCE
176-177
N
64 FIRST READING ORDINANCE: AMEND ZONING 10/26/99
ORDINANCE 11000 TO MODIFY SIGNAGE ORDINANCE
REGULATIONS FOR PORTIONS OF SD-9 TO ALLOW 179-180
LARGE ESTABLISHMENTS TO HAVE SIGNAGE WHICH
IS APPROPRIATE TO THEIR SIZE IN ORDER TO
REMAIN COMPETITIVE.
65 CONTINUE CONSIDERATION OF PROPOSED FIRST 10/26/99
READING ORDINANCE TO AMEND ZONING M 99-831
ORDINANCE 11000 TO ALLOW STRUCTURES WITH 180-181
MAXIMUM HEIGHT OF 150 FEET BY SPECIAL
EXCEPTION FOR PROPERTIES WITHIN AREA
BOUNDED BY TIGERTAIL AVENUE ON SOUTH, S.W. 27
AVENUE ON WEST AND TRAPP AVENUE ON NORTH.
66 FIRST READING ORDINANCE: AMEND ZONING 10/26/99
ORDINANCE 11000 TO MODIFY PROVISIONS ORDINANCE
REGARDING SIGNS WHICH HAVE ARTISTIC OR 181-182
GRAPHIC VALUE, PROVIDE ADDITIONAL LOCATIONS
ALONG I-395 - ADD CRITERIA.
67 FIRST READING ORDINANCE: AMEND 10/26/99
COMPREHENSIVENEIGHBORHOOD PLAN ORDINANCE ORDINANCE
10544 TO ADD NEW POLICY WHICH ADOPTS 182183
DESIGNATION OF ENTIRE CITY AS AN URBAN INFILL
AREA AND TO COMPLY WITH STATE REQUIREMENTS
BY CONFIRMING CITY'S SCHOOL SITING AND CO -
LOCATION LAND USE POLICIES - THIS WILL AMEND
THE GOALS, OBJECTIVES AND POLICIES OF THE
FUTURE LAND USE ELEMENT.
68 EXECUTE AMENDMENT 6 TO MANAGEMENT 10/26/99
AGREEMENT WITH LATIN AMERICAN GOURMET R 99-832
RESTAURANT, INC. FOR CONCESSION AREA AT PAUL 183-187
WALKER PARK, AT 46 WEST FLAGLER STREET -
CONDITIONS. (See section # 30)
69 BRIEF COMMENTS RE VIRGINIA KEY CHARRETTE 10/26/99
AND GIBSON PARK EVENT. (see sections # 44 and # 56) DISCUSSION
187
70 URGE MIAMI-DADE COUNTY SCHOOL BOARD TO 10/26/99
CONTINUE TO COOPERATE AND ASSIST THE CITY OF R 99-833
MIAMI IN RELOCATION EFFORTS RELATED TO 187-189
TENANTS OF MIAMI LIMITED II HOUSING PROJECT
INSOFAR AS ASSURING THE . MAXIMUM
COORDINATION OF THE SCHOOL EXPERIENCE FOR
THE CHILDREN OF THE TENANTS BEING RELOCATED.
(see section # 29)
71 ACCEPT AT&T'S SPONSOR OF AMPHITHEATER 10/26/99
LOCATED IN MILDRED AND CLAUDE PEPPER R 99-834
BAYFRONT PARK, AT A PROPOSED AMOUNT OF 189-191
$400,000, PAYABLE TO THE BAYFRONT PARK
MANAGEMENT TRUST.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIANII, FLORIDA
On the 26th day of October 1999, the City Commission of Miami, Florida, met at its regular meeting
place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:31 a.m. by Chairman J.L. Plummer, Jr., with the following members
of the Commission found to be present:,
Vice Chairman Wifredo Gort (District 1)
Chairman J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT:
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
Note for the Record: Item 4, Item 17, Item 23 and Item 24 were deferied to the next regularly scheduled
Commission Meeting.
Chairman Plummer: All right. Ladies and gentlemen, if everyone would please stand. I'll ask
Commissioner Gort to give the prayer. Commissioner Sanchez to give the.pledge. Then this Commission
will go into a private session. CommissionerGort.
An invocation was delivered by Vice.Chairman Gort, followed by Commissioner Sanchez leading
those present in a pledge of allegiance to the flag. .
l . ATTORNEY CLIENT. SESSION. ANNOUNCED (CLOSED TO PUBLIC) RE BRICKELL
LAWSUIT LITIGATION.
Chairman Plummer: Mr. City Attorney, do I have to announce anything here?
[COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 9:33 AM.]
Chairman Plummer: Well, let me just read very quickly. "Under the parameters of Florida Statutes
October 26, 1999
286.011(8) 1997, the person chairing the City of Miami Commission will announce immediately after
meeting is convened, the commencement of an Attorney/client session, closed to the public, for the purposes
of discussing pending litigation between Brickell, et. al. versus the City of Miami, et. al., to which the City
is presently a parry. The closed door session will begin at approximately 9:35 and conclude at
approximately 10 a.m. This session will be attended by members of the City Commission, Willy Gort, Joe
Sanchez, J.L. Plummer, Tomas Regalado and Arthur Teele, the City Manager, Donald Warshaw, the City
Attorney, Alex Vilarello and counsel for the City, Olga Ramirez Cejas, and Warren Bitner. A certified
court reporter will be present to ensure that the session is fully transcribed and said transcript will be made
public, upon the conclusion of the above -cited ongoing litigation. Please be further advised that, at the
conclusion of the attorney/client session, the regular Commission meeting will be re -opened and the person
chairing the Commission will be announced, determination of the attorney/client session and all members of
the public are invited to attend the regular portion of said meeting." All right. Mr. City Attorney, 1
understand you have asked that we adjourn to my conference room, is that correct?
Mr. Alejandro Vilarello (City Attorney): ... conference room is available for...
Chairman Plummer: My conference room is available and we will adjourn to the conference room. Very
quickly, for the record, the following items of Item 4, 17, 23, 24 have been pulled from the agenda and will
be carried over to the next meeting. We will be back here at approximately 10 a.m. Mr. Clerk, 1 will
assume that you will inform everyone, periodically, that we're in a closed session.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 9:34 AM AND
RECONVENED AT 10:02 AM WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
Chairman Plummer: Mr. Clerk, do we know whether or not the TV (Television) is on?
Mr. Walter Foeman (City Clerk): No, it's not.
Chairman Plummer: Can your very able assistant go around to the Commissioners' offices and ask for the
approval or check the calendars for November 16 as a single meeting and December 7th as a single meeting
-= one meeting in the morning. One in the afternoon!.- in compliance with the Charter? Is there anyone here
from Garrits Walbridge construction? OK. That means I need to hold the photographer here. Ladies and
gentlemen, we're waiting for a closed session of the Commission of a client — attorney/client relationship,
which is to be concluded at 10 o'clock or thereabouts or soon thereafter, as possible. But while we're
waiting, I will announce to you, once again, that Items number 4, Item 17, Item 23, Item 24 and Item 25 will
not be heard today. We're also anticipating changing Commission dates, with the approval of the
Commissioners' schedules, for the meeting of November would be on the 16th and the meeting of December
would be on the 7th. They would be two meetings in the same day, one in the morning and one in the
afternoon, in compliance with the Charter. All right. Ladies and gentlemen, I am now to announce the
closed -door session of the client — attorney/client has been concluded, I assume, Mr. City Attorney?
Mr. Vilarello: Yes. That meeting is closed and adjourned. And I've been instructed to prepare a resolution
that will come back before the City Commission in open session at the next City Commission meeting.
2 October 26, 1999
2. DISCUSS RESCHEDULING OF- COMIVIISSION MEETINGS FOR NOVEMBER AND
DECEMBER 1999. (see section # 42)
Chairman Plummer: All right, sir. And we now will return to our regular session. To my colleagues, it was
brought to our attention that, normally, in the month of November and December, we have two meetings in
one day. The proffered dates — and I've asked that they go around and check your schedules. That the
meeting of November would be on the 16th. All right. Teele's office will let us know. And the meeting of
December will .be on the 7th. Meeting in the . morning and a meeting in: the afternoon. Having it earl}, in
December, gives anyone the opportunity of a long holiday, if they wish. So, as soon as all of you have had
the opportunity to check your schedules, if there is no conflict, we will, then, accept a motion to that effect.
For the last time, I will announce that the items of 4, 17, 23, 24 and 25 will not be heard today. I have — I
had a quorum. I lost a quorum. I'm going to get a quorum. All right. For the record, pursuant to 4(g)(5) of
the Charter, the Mayor has not vetoed any items of the last 10 days.
0
3. CONSENT AGENDA .
Chairman Plummer: We are now on the Consent Agenda. Any Commissioner wishing to pull any item on
the Consent Agenda? Hearing none, anyone of the public that wishes to speak to any item on the Consent
Agenda? Consent Agenda is items CA-] through CA-8. Hearing no one making any idea of speaking on
the Consent, a motion by Sanchez, seconded by Regalado.
Commissioner Sanchez: So moved.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show a unanimous vote.
THEREUPON MOTION DULY MADE BY COMMISSIONER
SANCHEZ AND SECONDED BY COMMISSIONER REGALADO,
THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Joe Sanchez
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
NOTE. FOR THE RFrORD: Pursuant to City Code Sec. 2-33(i), Consent Agenda items that are removed
from the agenda prior to City Commission consideration shall automatically be scheduled as a regular
agenda item at the next regularly scheduled meeting of the City Commission, unless, by an unanimous vote
of all Commissioners present, the City Commission considers such consent item as a regular item at the
same meeting.
October 26, 1999
3.1 ACCEPT BID: GROVE NURSERY FOR PALMS AND CORAL ROCK BOULDERS AT HADLEY
PARK ($12,250) ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
RESOLUTION NO.99-786
A RESOLUTION OF THE NHAAH CITY COMMISSION
ACCEPTING THE BID OF - GROVE NURSERY, FOR THE
PROVISION AND INSTALLATION OF PALMS AND CORAL
ROCK BOULDERS AT HADLEY PARK, FOR THE
DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL
COST NOT TO EXCEED $12,250, ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
331403, ACCOUNT 589301-860.
3.2 ACCEPT BID:,LOU'S'GUNSHOP,.FOR GL'OCK FrRFARMS,.-FOR POLICE DEPARTMENT,
($30,225); ALLOCATING FUNDS TROM DEPARTMENT_ OF . POLICE GENERAL OPERATING
BUDGET. = .
RESOLUTION NO.99-787
A RESOLUTION OF THE NIIAMI CITY COMMISSION ACCEPTING
THE BID OF LOU'S GUNSHOP, FOR THE PROVISION OF
GLOCK FIREARMS, FOR THE MIAMI POLICE DEPARTMENT,
IN AN AMOUNT NOT TO EXCEED $30,225; ALLOCATING .
FUNDS THEREFOR FROM DEPARTMENT OF POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.840.
4 October 26, 1999
3.3 ACCEPT BID: D. E. GIDI AND ASSOCIATES CORP., FOR PROJECT ENTITLED
MANUEL ARTIlKE COMMUNITY CENTER RENOVATION (2" BIDDING) B-6299. ($89.995);
ALLOCATE FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AS
APPROPRIATED BY 1998-1999 ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS
ORDINANCE 11705, AUTHORIZE MANAGER TO EXECUTE CONTRACT.
RESOLUTION NO.99-788
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF D. E. GIDI AND ASSOCIATES CORP, FOR THE
PROJECT ENTITLED MANUEL ARTIME COMMUNITY
CENTER RENOVATION (2ND BIDDING) B-6299, IN THE
AMOUNT OF $89,995; ALLOCATING FUNDS THEREFORE FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AS
APPROPRIATED BY FISCAL YEAR 1998-1999 ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENTS
ORDINANCE NO. 11705, AS AMENDED, UNDER PROJECT NO.
322060, IN THE AMOUNT OF $89,995 THE CONTRACT COST,
$10,005 EXPENSES, TOTAL ESTIMATED COST OF $100,000;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
3.4 AUTHORIZE ALLOCATION. OF 320,948 FROM COMMUNITY'DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS PROJECT NO. 7996026, FOR -REHABILITATION OF BUSINESSES
LOCATED IN THE DOWNTOWN AREA UNDER THE CITY-WIDE COMMERCIAL FACADE
PROGRAM.
RESOLUTION NO.99-789
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION AUTHORIZING THE ALLOCATION OF $20,948
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
PROJECT NO. 799602, FOR THE REHABILITATION OF
FIFTEEN (15) BUSINESSES LOCATED IN THE DOWNTOWN
AREA UNDER THE CITY-WIDE COMMERCIAL FACADE
PROGRAM; SAID FUNDS TO BE DISBURSED AS HEREIN
SPECIFIED
October 26, 1999
3.5 AUTHORIZE FUNDING OF THE LITTLE ACORNS CHILDREN & FAMILY PROGRAMS,
INC., ALLOCATE FUNDS ($15,000), FROM.LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO.99-790
A RESOLUTION OF THE MIANII CITY COMMISSION
AUTHORIZING FUNDING OF THE LITTLE ACORNS
CHILDREN & FAMILY PROGRAMS, INC., AND ALLOCATING
FUNDS THEREFORE, IN AN AMOUNT NOT TO EXCEED
$15,000, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NUMBERS 690001, 690002, AND 690003, SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
3.6 TRANSFER A PORTION OF;:THE RIGHT OF=WAY> OF... NORTHWEST 9. STREET, TO
THE STATE 'OF FLORIDA HIGHWAY .SYSTEM;_ .'FURTHER ..'AUTHORIZE FLORIDA
DEPARTMENT OF TRANSPORTATION:.,TO-::,RECORD . ,A,:. RIGHT-OF-WAY- MAP OF THE
SUBJECT ROAD IN'THEPUBLIC RECORDS OF NIIANII-DADE�COUNTY, FLORIDA
RESOLUTION NO.99-791
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION, TRANSFERRING A PORTION OF THE RIGHT-
OF-WAY OF NORTHWEST - 9TH STREET, NIIAMI, FLORIDA-,
TO THE JURISDICTION OF THE STATE OF FLORIDA
HIGHWAY SYSTEM IN CONFORMANCE WITH FLORIDA
STATUTES, SECTION 337.29; FURTHER AUTHORIZING THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO RECORD A
RIGHT-OF-WAY MAP OF THE SUBJECT ROAD IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA
3.7 ACCEPT DONATION, WITH ESTIMATED VALUE OF $3,000, FROM RECIO AND
ASSOCIATES, INC., OF ROYAL PALM TREES TO BE PLANTED BY CITY PERSONNEL AT
VARIOUS LOCATIONS WITHIN COMMISSION DISTRICT 3. j
RESOLUTION NO.99-792
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION, WITH AN ESTIMATED TOTAL VALUE OF
$3,000, FROM RECIO AND ASSOCIATES, INC., OF TEN (10)
ROYAL PALM TREES TO BE PLANTED BY CITY PERSONNEL
AT VARIOUS LOCATIONS WITHIN COMMISSION DISTRICT 3.
6 October 26, 1999
3.8 ACCEPT CLERK'S CERTIFICATION OF AUGUST 24, 1999 ELECTION RESULTS OF
OVERTOWN ADVISORY BOARD: DONALD BENJAMIN, CHARLES J. FLOWERS, DEMAS
JACKSON, IRBY MCKNIGHT, GERALD
RESOLUTION NO.99-793
A RESOLUTION OF THE MIAIvII CITY COMMISSION, WITH
ATTACHMENT, ACCEPTING THE CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE ELECTION
HELD ON AUGUST 24, 1999, IN WHICH CERTAIN
INDIVIDUALS WERE ELECTED AS MEMBERS OF THE
OVERTOWN ADVISORY BOARD
4. RELATED TO THE TASTE OF THE GROVE -EVENT ,ON: JANUARY 22,23- 2000, GRANT MR.
SID SUSSMAN PERMISSION TO SELL, SPIRIT. BASED. 'ALCOHOLIC :BEVERAGES AND
APPROVE CLOSURE OF McFARLANE ROAD AND°SOUTH'BAYSHORE DRIVE:'
Chairman Plummer: Gentlemen, I think Item 2 is going to be controversial and I'll wait for a full
Commission. Item 3 requires a four/fifths vote. Item 4 is related to 3. We're then now on 4A. Item 4A.
There has been a request by Mr. Sid Sussman that the name of the Taste of the Grove might be changed and
that permission be given in his name, so that it will not create a problem, at such time, if there is a change of
name. Is there a motion? It comes with the approval of the Commission. Is there a motion?
Commissioner Teele: So moved.
Chairman Plummer: Moved by Commissioner Teele. Seconded by Commissioner Sanchez. All in favor
say "aye."
The Commission (Collectively): Aye.
Chairman Plummer Item 4A is passed.
7 October 26, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-794
A RESOLUTION RELATED TO THE TASTE OF THE GROVE
FESTIVAL, CONDUCTED BY THE COCONUT GROVE CHAMBER
OF COMMERCE, TO BE HELD ON JANUARY 22-23, 2000, AT
PEACOCK AND MYERS PARKS, IN COCONUT GROVE;
AUTHORIZING THE CITY MANAGER TO ISSUE A TWO-DAY
PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES DURING
SAID EVENT; AUTHORIZING THE CLOSURE OF STREETS IN
THE AREA OF MCFARLANE ROAD FROM SOUTH BAYSHORE
DRIVE TO MAIN HIGHWAY AND SOUTH BAYSHORE DRIVE
FROM MCFARLANE ROAD TO MARY STREET, INCLUDING ALL
STREETS, AVENUES, ALLEYS, WAYS AND THOROUGHFARES
WHICH INTERSECT SAID AREAS IN COCONUT GROVE, MIAMI,
FLORIDA, FOR SAID EVENT; SAID AUTHORIZATION
CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL
PERMITS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED
TO A TEMPORARY PERMIT TO SELL ALCOHOLIC BEVERAGES
BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
PURSUANT TO SECTION 54-13 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; (2) PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING
INSURANCE, INCLUDING LIQUOR LIABILITY, TO PROTECT
THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; (4) INSTITUTING AN
IDENTIFICATION PROGRAM TO ASSURE THAT ONLY THOSE
INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY
PURCHASE ALCOHOLIC BEVERAGES; (5) ADVISING ALL
ADJACENT BUSINESSES, PROPERTY OWNERS, AND
RESIDENTS OF STREET CLOSURES ASSOCIATED WITH SAID
EVENT; AND (6) COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
8 October 26, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
5. COMMISSIONER TEELE STATES ITEMS RELATED TO USE PERMITS AND DONATION OF
IMPROVEMENTS TO CITY -OWNED PROPERTY ADJACENT TO AMERICAN AIRLINES
ARENA, WHICH WERE REQUESTED TO BE SCHEDULED, DO NOT APPEAR ON TODAY'S
AGENDA.
Chairman Plummer: I still will wait for Mr. Gort to come back. We'll now go to — Item 5 is no better, nor
6.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: While you're waiting for Commissioner Gort, may I inquire of the City Attorney, why
my items...
Chairman Plummer: Absolutely.
Commissioner Teele: ...are not on the agenda that I discussed with you?
Mr. Alejandro Vilarello (City Attorney): Commissioner, I had distributed yesterday one item, which was
referring to the use of certain property next to the new American Airlines Arena and I had indicated to you,
in fact, that I had distributed that last week. When we finished our telephone conversation, I confirmed that,
in fact, I had not distributed it and I did so yesterday. But my memorandum to the City Commission and to
the Manager indicates that you did contact me before the five-day rule, on the 20th, and asked me to place it
on the agenda. And it was my clerical error that kept that from going forward to the City Commission. It
concerned two items concerning two revocable use permits adjacent to the American Airlines Arena and the
donation of certain improvements to city -owned property adjacent to the arena.
Chairman Plummer: Commissioner Teele.
Commissioner Teele: Let me inquire. Was the item relating to the Union, was that item distributed
properly?
Mr. Vilarello: That was distributed earlier in the week, together with several other items by other
9 October 26, 1999
Commissioners.
Commissioner Teele: But it was — OK. So, there is no four -day rule on those?
Chairman Plummer: Five.
Mr. Vilarello: Five-day rule on those. Although, technically, on the — due to my clerical error, there would
be one on the last item or the first item on my...
Commissioner Teele: Mr. Chairman, with your permission, after lunch — whenever we come back from
lunch, could we bring up the items relating to American Airline, please?
Chairman Plummer: Mr. Teele, no problem whatsoever, except that at 2 o'clock itself, we do have the NET
(Neighborhood Enhancement Team) Office to make a five-minute presentation. Immediately following that
would be no problem, sir.
Commissioner Teele: Thank you, Mr. Chairman.
6. PRESENTATIONS, PROCLAMATIONS: APPRECIATION 'TO GERRITS WALBRIDGE
CONSTRUCTION :COMPANY FOR CONTRIBUTIONS: ,.TO .DOMINO BRIDGE COMMUMTY
TOURNAMENT -- COMMISSIONER TEELE ..CO1vIlV1ENDS - VICE: CHAIRMAN GORT, FOR. IRS
EFFORTS IN BRINGINGCOMMUNITY TOGETHER:
Chairman Plummer: We do have a ceremonial item. Mr. Gort.
Vice Chairman Gort: Good morning. Please, come on in.
[AT THIS POINT, VICE CHAIRMAN GORT PRESENTS COMMENDATION TO GERRITS
WALBRIDGE CONSTRUCTION COMPANY]
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: We just presented an award to this gentleman for what he's doing with the Dominos
and I, again, I think we don't pay enough attention to the little things that Commissioners are doing
sometimes. I want to commend Commissioner Gort because the Domino Tournament is a big item in my
district and it really is the kind of bridge building that this community needs. And I really do think that, at
the appropriate time, this Commission should certainly give Commissioner Gort an appropriate
commendation for building bridges. We pass these Commissions; we change the names of roads; we do a
lot of things, but the Domino Tournaments are very meaningful and they're multigenerational. They cut
across all lines and you would be surprised at the amount of intensity that goes on in the Dominos in some
of the communities. So, I, again, wanted to ask my colleagues to salute Commissioner Gort for his
leadership in bringing this community together and we are, indeed, indebted.
Chairman Plummer: Absolutely.
10 October 26, 1999
7. REQUEST TO EXPEDITE HADLEY PARK CONSTRUCTION PROJECT.
Commissioner Teele: Mr. Chairman, before the gentleman leaves — and we're honoring him — I have on the
item — on the Commission an informational item that I would like to bring up at this time and that is the
informational item relating to the Hadley Park. Mr. Ruder and Mr. Public Works Director, I did not realize
that it but, apparently, the company that won the bid is a company that you're affiliated with?
Mr. David Gerrits: Yes, sir.
Commissioner Teele: And, Mr. Chairman, I can tell you this: The director will tell you that the committee
was made up, primarily, of officials from the State of Florida, the City of Miami, and the public at large.
The recommendation of the entire committee was unanimous. And, in fact, I've heard from members of the
community — maybe you don't want to know this, but your presentation was so clearly superior to
everything else that you blew everybody away. And I just had it on the agenda item as an update from the
Parks Department. Mr. Attorney, what item is that? -But the update on the Hadley Park item is on the
agenda. It was one of the items that the Attorney passed out, I believe.
Chairman Plummer: The only thing I saw for Hadley Park was some coral rock.
Mr. Donald Warshaw (City Manager): Yeah. That's an agenda item.
Chairman Plummer: Oh, you're speaking other than an agenda item?
Mr. Alejandro Vilarello (City Attorney): Unless it was contained within the five or six matters that were
presented last week and distributed as a supplement to the agenda.
Commissioner Teele: Yeah. Where are those items? I don't have them.
Mr. Vilarello: I've asked for a copy of that to be prepared for the City Commission.
Chairman Plummer: The only thing I have on supplemental is that item, which was ceremonial.
Commissioner Teele: All right. Well, if we could, Mr. Chairman, would you just give us an update?
Because I understand now that the Legal Department has ruled that the City Commission does not need to
approve the selection, which was our intent from the beginning. But I would note, for the record, that it's
taken us three weeks from the date of the decision to get to this point, to know that we don't have to rule.
Mr. Alberto Ruder: OK. The company that was selected...
Chairman Plummer: Mr. Al Ruder.
Mr. Ruder: Al Ruder. Parks Director.
Chairman Plummer: Department head of Parks and Recreations.
Mr. Ruder: Negotiations were supposed to begin yesterday but we were advised by the State that, I think
one of the main principals from the company was out of town, so they're meeting today. I see the gentleman
nodding. We're trying to get in writing — we want to get in writing from them an exact timetable when the
11 October 26, 1999
ribbon cutting and the ground breaking can be held. We tried all day yesterday to get a hold of the head of
the state department that is handling this and we couldn't. We're still trying this morning and we hope to
have something to you in writing, either today or tomorrow.
Commissioner Teele: But the important issue is that the Commission does not have to act...
Mr. Ruder: Right.
Commissioner Teele: ... that under the agreement that we signed with the state, the state has the authority...
Mr. Ruder: Right, the construction manager.
Commissioner Teele: ...to move forward. And I would only note again, for the record, that Commissioner
Gort and I share that area largely. He was there last week and he spoke. And, Commissioner Gort, you
might just tell the public — the Parks Director how many people were there and just how bad the situation
really is.
Vice Chairman Gort: There was over a hundred individuals there and -it was very warm, very hot, very
uncomfortable and you have a- good group of citizens that get involved in that park. It being utilized, not
only by the young people, but a lot of the senior citizens were in the area.
Mr. Ruder: Yeah. Well, Hurricane Irene had affected that park and there was no power and we tried to
relocate the seniors before the event, but they still wanted to meet there. So, that's not really normal
situations. And the power has come back to the park in the last couple of days.
Commissioner Teele: Mr. Chairman, I appreciate the indulgence. I don't want to — I just want to commend
the Manager and the Parks Director and the Public Works Director and the State in moving forward with
this Hadley Park. This has gone on now for about four years. And what we're trying to do, Mr. Manager, is
just expedite the ribbon cutting. I'm not worried about the ground breaking. We want to get the ribbon
cutting and I wanted to make that point to the apparent successful bidder while you're here getting your
accolades, that we're counting on you to move this project forward...
Mr. David Gerrits: We're looking forward to it.
Commissioner Teele: ...in a quality, expeditious manner.
Mr. Gerrits: Absolutely, sir.
Commissioner Teele: Thank you so much.
Mr. Gerrits: Thank you.
Vice Chairman Gort: Thank you.
12 October 26, 1999
8. COMMEND MANAGER AND CITY EMPLOYEES FOR GOOD WORK DURING HURRICANE
IRENE '- PICKUP OF DEBRIS.
Chairman Plummer: If I can take a moment — and I think I can very rarely ever speak for the Commission
but I think, in this case, that I can. I think we need to commend the City administration. During the Irene
storm, which hit on Friday afternoon, Warshaw, the City Manager, had city people out that night at
midnight cutting the trees that were blocking the streets, the same night as the hurricane. The next morning
he had the sanitation crew, with Mr. Patterson, out cleaning up what they had cut from 6 a.m. until dark.
Sunday, 6 a.m. until dark. And I want to tell you, last night, at 7 o'clock, I still saw them out picking up the
debris, which I'm estimating that it's four to six' times normal. And, Mr. City Manager, I think you need to
express to the employees of this City that they made us, the five of us, look good. And I mean that by
sincerely saying a great thank you on behalf of the people of this community.
Vice Chairman Gort: J.L., my understanding is, they had seven thousand two hundred 911 calls and they
were responded to. That's a biggie.
Chairman Plummer: I hope'none of them were collect.
9. SUCCESS OF VIRRICK GYM SHAKE -A -LEG OLYMPIC BLIND_ SAILING EVENT.
Chairman Plummer: I also want to announce that — I don't think any of you were there, so that's why I
wanted to tell you. I have attended the first event in the Virrick Gym. It was the Shake -A -Leg. The
Shake -A -Leg had the most unique event that ever could take place in the United States and don't think I'm
confused. They had the first Olympic blind sailing event, of which 14 countries were represented with blind
sailors. They had an event of the awards ceremony, which they had over four hundred people in Virrick
Gym for dinner. It was a great event. It would have made each and every one of you, as I was, proud to be a
part and parcel of that scenario. Mr. Manager, they did a great job. They really did.
10. ACCEPT BID OF EDFM CORPORATION; ($167,000), -FOR PROJECT "ENTRADA
GUARDHOUSE (SECOND BIDDING), B4612"; ALLOCATE FUNDS FROM APPROPRIATIONS
AND CAPITAL IMPROVEMENT ORDINANCE NO. 11705, $167,000 THE CONTRACT COST
AND $1,000 EXPENSES, AN ESTIMATED TOTAL COST OF $168,000; AND AUTHORIZE
MANAGER TO EXECUTE CONTRACT.
Chairman Plummer: OK. We're on, Item 2, regular agenda. It is a resolution in reference to EDFM
Corporation, amount of one hundred and sixty-seven thousand dollars ($167,000), and it is referred to as the
Entrada Guardhouse.
Mr. Alejandro Vilarello (City Attorney): Commissioner?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: I believe this item was on the Commission agenda at the last meeting and the City
Commission directed the City Attorney and the administration to discuss with the objector, who presented
himself at the last meeting, to,discuss his concerns and the issues that he brought forward. Due to the
hurricane and other obligations last week, we were not able to do that. We did have a conversation with Mr.
Helfman yesterday and indicated that the Manager and myself and Mr. Kay would meet with him later in
this week; that the item was still before the City Commission and only the City Commission can defer
13 October 26, 1999
consideration of the item. But we would recommend the deferral of consideration of the item until the next
meeting. But...
Chairman Plummer: All right.
Mr. Vilarello: But we did not commit the City Commission. We had been trying since early this morning
to get a hold of Mr. Helfman to let him know that the City Commission is interested in going forward; that,
as of this moment, we've been unable to contact him.
Chairman Plummer: Let me set the record straight. Is my understanding of what happened at the last
Commission meeting was that this item was on the Consent Agenda and, as such, it was requested by a
number of people that it be put on as a regular agenda item. Now, let me set the precedent this way.
Number one. Mr. City Manager, obviously, with this on the agenda, it comes with your approval?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: Mr. City Attorney, a memo, which you wrote about the litigation pending, you felt
that, in that memo, as I understood it — you could speak for yourself — that there was no problem to
proceed?
Mr. Vilarello: Yes, sir, that's correct.
Chairman Plummer: OK. Now, Mr. Kay, I'll start with you and, then, we'll have two sides to discuss the
issue.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: At. some point, I would like to get some clarification. When we left here two weeks
ago, there was a clear understanding that the City Attorney would talk to — I believe, it was Mr. Helfman.
Chairman Plummer: The objectors.
Commissioner Teele: It's my understanding that there has been no communication, until yesterday, with
Mr. Helfman, is that...
Mr. Vilarello: Well, at least — that's correct. Mr. Kay and I called Mr. Helfman yesterday.
Commissioner Teele: For the first time?
Mr. Vilarello: Yes, sir.
Chairman Plummer: All right. Mr. Kay.
Mr. Jim Kay (Director, Public Works): This is a resolution to award a contract to EFDM Corporation,
amount of hundred sixty-seven thousand dollars ($167,000) for construction of a guardhouse at Entrada.
Nothing more to say, other than that we're presenting it for...
Chairman Plummer: All right. We might have to call on you again. All right. Who wishes to speak?
14 October 26, 1999
Anyone wishing to speak, please raise their hand. We only have one — two speakers, OK. Now, just for the
record, so that we can understand correctly, everybody that is here on this item in favor, please raise your
hand. OK. Now, put it down. For the record, anyone that is in opp — you better put his hand down.
Anyone that's here in opposition, please raise their hand. OK. Let the record reflect there were
approximately 20 people, including the children; who are in favor, and no one came forward in objection.
Sir, do you wish to be heard? .
Mr. Gary Carman: Very, very briefly, Mr. Chairman.
Chairman Plummer: All right, sir. Your name and mailing address, please.
Mr. Carman: My name is Gary Carman. My address is 201 South Biscayne Boulevard, 30th Floor, Miami,
Florida.
Chairman Plummer: Are you an attorney?
Mr. Carman: I am an attorney.
Chairman Plummer: Are you here for a fee or are you here gratis?
Mr. Carman: I'm here for a fee, your Honor.
Chairman Plummer: All right. Are you a...
Mr. Carman: And I have base — I have filed as a lobbyist, as well.
Chairman Plummer: Thank you, sir. Proceed.
Mr. Carman: We are here this morning, Mr. Chairman, to basically urge the Commission to vote on
something that both has been recommended, as you have pointed out, by both the City Manager and the City
Attorney, and that's to award a contract so that the guardhouse can be built and the subdivision. By way of
really short background: In April of 1998, this Commission voted to created this district. Since that time,
the residents have gone ahead and deposited the monies necessary to create the district, pay their taxes for it,
and have gone before the County, which has approved it. Subsequent to the approval by this Commission
and by the County Commission, three lawsuits were filed. The current status of those lawsuits is that they
remain in limbo. Motions to dismiss had been filed by your counsel. Motions to dismiss have been filed by
our firm on behalf of the residents. No further action has been forthcoming. There have been two basic
requests for production of documents. But other than that, there has been no attempt by any objector to
move those lawsuits forward. We have in the audience today various residents and their children, who
really desire the need to have this guardhouse built; to have the protection available to them and have the
protection available to their children, as well. And we would urge the Commission to vote in favor of that.
Chairman Plummer: Thank you, sir. The lady wishes to be heard. If you will, give us your name and
mailing address.
Ms. Anne Mac Donald -Korth: My name is Anne MacDonald -Korth. My mailing address is 3575 Stewart
Avenue. I'm the president of the Entrada Homeowner's Association and I work for free. The Entrada
Homeowner's Association is concerned for the safety of all our residents but, most especially, our children.
We, the homeowners, have voted two separate times to build a security guard gate and both votes passed by
75 to 80 percent, respectively. It was, then, unanimously approved by you, the City Commissioners. These
15 October 26, 1999
homeowners have paid thousands in tax assessments for the guard gate and no City money will be used.
Unfortunately, a suit was filed against us but none of the plaintiffs reside in our neighborhood. This is a
self-serving suit, with no merit and, thankfully, the City Manager's Office legal opinion agreed and approved
the issuance of bids. Everything has moved forward properly, until this time. So, please, sirs, help us carry
out this democratic process and approve a contractor for the continued security and safety of all our
children.
Chairman Plummer: Thank you, ma'am.
Ms. MacDonald -Korth: Thank you. (Applause)
Chairman Plummer: And I am to announce that all of the children are out of school today and this is
because they are here for a lesson in civics.
Commissioner Sanchez: City government.
Chairman Plummer: I'll close the public hearing and ask for the Commission discussion. If not, a motion is
in order.
Vice Chairman Gort: Mr. Chairman, my understanding, this is a process that's been going on for a long
time. The majority of the property owners voted in favor of it. So, for that reason, I move forward. Move
for approval. ;
Commissioner Sanchez: So second.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Motion understood? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All right. Show unanimous. No one wishing to vote opposite? Unanimous vote.
Please, exit quietly.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-795
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF EDFM CORPORATION, IN THE PROPOSED
AMOUNT OF $167,000,06, FOR THE PROJECT ENTITLED
"ENTRADA GUARDHOUSE (SECOND BIDDING), B4612";
ALLOCATING FUNDS THEREFORE FROM PROJECT NO. 341204
AS APPROPRIATED BY THE FISCAL YEAR 1998-1999 ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT ORDINANCE
NO. 11705, AS AMENDED, IN THE AMOUNT OF $167,000.00 THE
CONTRACT COST AND $1,000.00 EXPENSES, AN ESTIMATED
TOTAL COST OF $168,000.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT.
16 October 26, 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.
11. WAIVE PROHIBITION IN CODE SECTION 2-612 AS APPLIES TO SAL LANDA, A CITY
OF NIIAMI EMPLOYEE, AND PRINCIPAL OF MAXPORT, INC., IN RELATION TO HIS
ENTERING INTO A REVOCABLE LICENSE AGREEMENT .FOR THE PURPOSE OF
INSTALLING, MANAGING AND OPERATING A HOCKEY -RINK SKATE PARK AND
FUTSAL AT CITY -OWNED PROPERTY LOCATED AT DOUGLAS PARK, 2795
SOUTHWEST 37Tn AVENUE.
Chairman Plummer: Item number 3. Item number 3 requires a four/fifths vote. Please, we have a lot of
work to do. This is applied to Sal Landa to put in the hockey rink at Douglas Park.
Vice Chairman Gort: Is she roller skating or something?
Chairman Plummer: Huh?
Vice Chairman Gort: Is she using the roller skates?
Chairman Plummer: Yeah, she did the roller skating all right.
Ms. Laura Billberry (Director, Asset Management): Not exactly.
Chairman Plummer: All right. I think most of us are all familiar with this. I know Regalado is. We
attended a couple of meetings over there. Also, Gort. Moved by Regalado.
Ms. Billberry: Excuse me.
Chairman Plummer: Seconded by Gort.
Ms. Billberry: Excuse me.
Commissioner Sanchez: Discussion.
Chairman Plummer: All right. Discussion.
Commissioner Sanchez: Mr. City Manager, this is on — this is the hockey rink that's going to be established
17 October 26, 1999
at Douglas Park. What — in the agreement that was set forth with the City, the City does not have any --
cannot be held liable for any injuries caused by anybody at the park?
Mr. Donald Warshaw (City Manager): That's correct.
Ms. Laura Bilberry: Lori Billberry, Director of Asset Management. The item before you today is strictly
waiving a conflict of interest for Sal Landa. The agreement itself, which is Item 4, has been deferred and
will be placed on a future agenda. Mr. Landa has requested that we review the form of the agreement and
the Law Department is presently looking into that. So, we're strictly proceeding on the Waiver of Conflict.
I would like to request, though, that the reso be amended to — instead of using the words, specifically,
"authorizing in relation to Mr. Landa entering into a revocable license agreement," that we strictly use the
word "agreement," which is consistent with the ad. The agreement itself will come back to the City
Commission and we can include — it will include language that you're requesting.
Commissioner Sanchez: I don't want to confuse three with four. Three is a conflict of'interest because he's
a city employee...
Mr. Warshaw: He's an employee, correct.
Commissioner Sanchez: ... with the City.
Ms. Billberry: He is the City employee.
Chairman Plummer: Yes.
Commissioner Sanchez: OK.
Chairman Plummer: All right. Is there a motion?
Commissioner Sanchez: Move.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. It requires a four/fifths vote. So,.call the roll.
Mr. Vilarello: That's as amended, removing "revocable license."
Chairman Plummer: As amended. Call the roll.
18 October 26, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-796
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, WAIVING THE PROHIBITION
SET FORTH IN SECTION 2-612 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AS SUCH APPLIES, TO SAL
LANDA, A CITY OF MIAMI EMPLOYEE, AND PRINCIPAL OF
MAXPORT, INC., IN. RELATION TO HIS ENTERING INTO AN
AGREEMENT FOR THE PURPOSE OF INSTALLING, MANAGING
AND OPERATING A HOCKEY RINK, SKATE PARK AND FUTSAL
AT CITY -OWNED PROPERTY LOCATED AT DOUGLAS PARK,
2795 SOUTHWEST 37TH 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.
12. SECOND READING ORDINANCE: AMEND CODE SECTION.50-310 "SHIPS, VESSELS AND
WATERWAYS/CITY MARINAS/COMMERCIAL VESSELS"; TO ALLOW CURRENT
SIGHTSEEING BOAT DOCKAGE AGREEMENT HOLDERS OPERATING WITHIN INSIDE BASIN
OF NiIAMARINA TO OPERATE A REPLACEMENT SIGHTSEEING BOAT UNDER CERTAIN
CONDITIONS.
Chairman Plummer: Item 4 has been deferred. Item 4A has been approved. We are now on Item 5, the
Marina at Bayside. This is a second reading. It was previously moved by Gort. Seconded by Sanchez. If
nothing further, that will be the prevailing second and motion. Christina, do you have anything to add?
Ms. Christina Abrams (Director, Public Facilities): No, no. We just recommend its adoption.
Chairman Plummer: All right. Mr. Dudik, do you wish to address the issue?
Mr. Michael Dudik: My only request is, we're supportive of the agreement, with the exception that we
would like to have the one word put in there "Charters," so when our vessels are vacated from the slip for
the complete day, that we'll be able to have the replacement vessel come in. It eliminates all round robins;
it's beneficial, not just to myself but also to the entire industry throughout the city. And it's a way to add
19 ® October 26, 1999
growth and bring additional vessels into the City. And, again, the only thing we're asking for. additionally.
on this is that we add the word "Charters" so, when we are booked; we're out with the corporate industry.
we're out with weddings, that we have a boat to do our normal sightseeing and our daily operations. Thank
you.
Chairman Plummer: Thank you, sir. Yes, ma'm? You wish to be heard?
Ms. Laurel Isicoff: Yes. Thank you.
Chairman Plummer: Your name and address for the record.
Ms. Isicoff: Laurel Isicoff, 200 South Biscayne Boulevard. I am here on behalf of Bayside Center Limited
Partnership.
Chairman Plummer: Are you an attorney?
Ms. Isicoff: Yes, I am.
Chairman Plummer: Are you registered?
Ms. Isicoff: Yes, I have.
Chairman Plummer: Proceed.
Ms. Isicoff: Thank you. We are here today on what's supposed to be a second reading of an ordinance that
you asked us to go back and try to work out after you all voted down a proposed ordinance, to which
Bayside and its merchants objected and as did the Pier 5 Boatmen's Association. We worked out that
agreement. We came up here with what we thought was an agreement. At that time, Mr. Dudik's attorney
asked that the word "charter" be inserted in what we thought was our agreement. We went back. We
worked it out. We agreed that the word "charter" would not be a part of this agreement, for reasons that I
won't go into at this time because its a second reading and it's an agreement that we all signed off on,
including Mr. Dudik. We — as you know, it's Bayside's position that there can be no change to the cap
ordinance without Bayside's consent, pursuant to written agreements between the parties that are here today.
We consent to the ordinance change in the form that you passed at the first reading last time. We do not
consent to a change that would include the word "charter," as requested by Mr. Dudik. So, we would ask
that the ordinance, as it was passed on first reading, as it was agreed to, be passed on second reading today.
Thank you.
Chairman Plummer: Does the Manager of Bayside wish to be heard?
Mr. Tercilla.
Mr. Raul Tercilla: Yes. Raul Tercilla, Vice President and General of Bayside Marketplace, 401 Biscayne
Boulevard. I would like just to add that I appreciate the time that the Commission has given to this matter
and I apologize for the delays on more pressing matters that you have. Thank you.
Chairman Plummer: All right. Hello.
Ms. Lucia Dougherty: Hello. Lucia Dougherty, with offices at 1221 Brickell. Here today on behalf of the
Pier 5 Boatmen. We also would urge you to adopt the ordinance, as drafted, and as we agreed to three
different times. If Mr. Dudik wants to run a charter, he can run a charter out of any other slip in Bayside.
0 20 October 26, 1999
Thank you.
Chairman Plummer: OK. There is a request for an amendment. Is the floor open? Is the floor open for an
amendment? Hearing none, we have to go on what is before us on second reading. Call the roll. Wait a
minute. I'm sorry. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE CITY OF MIAMI COMMISSION AMENDING
CHAPTER 50/ARTICLE V/DIVISION 3 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS AND
WATERWAYS/CITY MARINAS/COMMERCIAL VESSELS"; TO ALLOW
CURRENT SIGHTSEEING BOAT DOCKAGE AGREEMENT HOLDERS
OPERATING WITHIN THE INSIDE BASIN OF MIAMARINA TO OPERATE
A REPLACEMENT SIGHTSEEING BOAT UNDER CERTAIN
CONDITIONS; MORE PARTICULARLY BY AMENDING SECTION 50-310;
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 September 21, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11846
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 October 26, 1999
13. SECOND READING ORDINANCE: AMEND CODE CHAPTER 56 "TAXATION," TO PROVIDE
FOR ADDITIONAL HOMESTEAD EXEMPTION FOR.CERTAIN QUALIFYING SENIOR CITIZENS
TO BE APPLIED TO MILLAGE RATES LEVIED BY .THE CITY — COMMENTS RE MAYOR'S
MEMO INACCURATE: NO FINANCIAL IMPACT IN FY 2000 AND HERALD ARTICLE
DAMAGING TO COMMISSION.
Chairman Plummer: Item 6.
Commissioner Regalado: Move it.
Chairman'Plummer: Senior Citizens Taxation. Moved by Regalado. Seconded by Gort. In the first
in is there any change? Hearing none, is there anyone wishing to speak to Item 6? Read the
ordinance. Motion understood? Call the roll.
Mr. Alejandro Vilarello (City Attorney): Hold on.
Chairman Plummer: Wait a minute. Time out.
Mr. Vilarello: Commissioners, I've been advised that the administration has requested that the ordinance
become effective 30 days after final reading and adoption and approval of the Governor's Emergency
Financial Oversight Board. They requested that we include that within the ordinance.
Chairman Plummer: As amended. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER' 56 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,.ENTITLED
"TAXATION," TO PROVIDE FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR
CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES
LEVIED BY THE CITY OF MIAMI; PROVIDING FOR REQUIREMENT OF ANNUAL
APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING
FOR WAIVER OF EXEMPTION, AND PROVIDING FOR AN ANNUAL INCREASE IN THE
INCOME LIMITATION; MORE PARTICULARLY BY ADDING NEW ARTICLE IV,
ENTITLED "HOMESTEAD EXEMPTION FOR SENIOR CITIZENS" TO CHAPTER 56 OF
SAID CODE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
ORDINANCE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER PRIOR TO
DECEMBER 1, 1999; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION
IN THE CITY CODE.
22 October 26, 1999
Passed on its first reading, by title, at the meeting of October 12, 1999, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11847
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
[COMMENTS MADE DURING ROLL CALL:]
Vice Chairman Gort: I'd like to clarify the few points, which I think is very important, especially for the
press. I want him to understand that we passed this resolution in March of this year. At the time that we
were voting on the budget, we asked a question of the attorney: How long did we have before we had to
make a decision? We were informed by the attorney that we could go ahead and make our decision and
approve our budget and still be able to incorporate this later on. So, I want to make sure I put this on the
record. Yes.
[COMMENTS MADE AFTER ROLL CALL:]
Chairman Plummer: Item 7 is the towing of motor vehicles.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like for there to be some clarification on what has continued to be thrown
around regarding the Save Our Seniors. Now, the ordinance that we just passed does what?
Chairman Plummer: You're speaking of the senior citizens?
Commissioner Teele: Yes.
Chairman Plummer: Mr. City Manager?
Commissioner Teele: The ordinance we just passed does what?
Chairman Plummer: Item 6.
23 October 26, 1999
Ms. Bertha Henry: This is Bertha Henry, Assistant City Manager. This ordinance will allow the City to
implement the Save Our Seniors Program, effective FY-2001.
Commissioner Teele: Is there any financial impact in FY-2000 of the Save Our Seniors?
Mr. Donald Warshaw (City Manager): No.
Commissioner Teele: Even though the media continues to say that there is a financial impact or that the
Oversight Board is requiring that we make provisions for FY-2000 fiscal impact, in effect that's an
impossibility because we can't make financial provisions for what doesn't happen in that year. Is that a fair
statement?
Mr. Warshaw: That's correct.
Chairman Plummer: Absolutely.
Mr. Warshaw: There's no fiscal impact this fiscal year.
Commissioner Teele: The Major's memorandum of September made references to the financial impact for
this year. Is there some financial impact that you're aware of, that the Mayor made reference to, that we
have not discussed or that we've not understood?
Mr. Warshaw: The only financial impact was that Oversight Board wanted, in this fiscal year, for us to
make provisions in the Five -Year Plan, in the out -years, to fund Save Our Seniors initiative. But in this
fiscal year, there's no dollar impact in this fiscal year, at all.
Commissioner Teele: Have we made provisions for the out -year implications?
Mr. Warshaw: That's what I've been working...
Chairman Plummer: They're in the process.
Mr. Warshaw: ... with the Oversight Board on now.
Commissioner Teele: Have we made — has this Commission passed any legislation...
Mr. Warshaw: Yes.
Commissioner Teele: -...to make, provisions for the fiscal out -year impact for the Save Our Seniors?
Mr. Warshaw: Commissioner, if you're referring to the resolution that states, "If the money can't be found,
that there would be an adjustment in the millage," the answer is yes.
Commissioner Teele: It was my understanding that we didn't say that it can be found; that it would come
from the millage, and if we need to clarify that, can we do so? Because I spoke to the press on yesterday.
They continue to harp on the fact that Mr. Beatty had said that that resolution is not sufficient. Is there
anybody — is there a joint estimating conference? I mean, it's time for us to take the gloves off with the
Oversight Board on some of this because what they're doing now is purely, politically, posturing and the
story today in "The Miami Herald" relating to the Save Our Seniors is designed, quite frankly, to put an
24 October 26, 1999
arrow through the head of City Commissioners that are on the ballot this year. Now, I want to be very clear.
Is the Save Our Seniors under any kind of financial issue with the Oversight Board relating to the fact that
this Commission has put it in jeopardy or has not acted appropriately or has not acted fully to implement the
Save Our, Seniors?
Mr. Warshaw: Commissioner, I can't speak for Mr. Beatty but I intend to take forward — I've already taken
forward the Commission's action, the Commission's resolution. In particular, the resolution that backs up
that, if the money isn't found, that the millage rate would be adjusted accordingly and, as far as I'm
concerned, we're moving forward and the passing of the second reading today will take us to the next step.
Commissioner Teele: Mr. Manager, I really — I mean, I think this is very important to my colleagues,
Commissioner Gort, Commissioner Regalado, especially, that it be very clear on the record, that the Save
Our Seniors is not at risk; it's not in jeopardy, based upon actions of this Commission and based upon what
we understand the history has been with the Oversight Board. And I think Mr. Beatty needs to get a very
clear message. Number one, that he needs to understand that there's an election going on on November 2;
that there are people who have a vested interest in this election, whether they admit it or not, and that his
comments need to be tempered to the facts of the financial matters and not to an election. Because what is
being said and what is being carried forward right now is that the Save Our Seniors is in jeopardy and this,
of course, is on the eve of an election. Now, if this were coming from a candidate, I could understand it.
But I cannot understand this kind of rhetoric being taken place totally out of context, using Mr. Beatty — and
using Mr. Beatty as the source for this. Because the fact of the matter is, is that there's no FY 2000
implications to the budget for the Save Our Seniors; that the resolution that the Commission passed
dedicating and committing any shortfall for the Save Our Seniors will come from the ad valorem base.
Now, other than everybody taking out a knife and cutting themselves and doing an old Indian blood oath
kind of thing here, I don't know what anybody would want us to say. But I think it's very important that the
record be cleared today, that the Save Our Seniors proposals that have been acted upon by this Commission
are full, they're complete and that the management does not expect a problem from the Oversight Board on
those elements. Is that a fair statement, Mr. Manager, Ms. Henry, whoever you'd like to direct it to?
Mr. Warshaw: It's a fair statement, and I think the legislation speaks for itself and, again, as far as I'm
concerned, after this passes today, the Commission has taken a legislative action and I intend to...
Chairman Plummer: It's pretty clear.
Mr. Warshaw: ...take it forward to the Oversight Board.
Commissioner Teele: May I inquire of Ms. Henry? Ms. Henry, are you aware of anything that the
Oversight Board, the Estimating Conference, that something that we've not done on the Save Our Seniors?
Because I don't think this should be raised because, you know, at the end of the day, there are a lot of people
in this community who are above the age of 65, who are on fixed incomes, that are depending on this. And I
don't think it's good tax policy. I don't mind saying that but it certainly...
Chairman Plummer: Mr. Teele, for the record, cable is out. You can continue if you wish or you can wait
until it comes back on. I just wanted to inform my colleagues, especially, when you're talking real nice.
Commissioner Teele: Well, I mean, it doesn't surprise me that the cable is out when you're talking about the
Save Our Seniors. But maybe we should clarify the record on this at a later date, Mr. Chairman. At a later
date today.
Chairman Plummer: And now that the cable's off, I don't really know how you can say Mr. Beatty is getting
25 ' October 26, 1999
political just because he gave five hundred dollars ($500) to my opponent. I wouldn't think that was
political, at all. All right. Do we wish to proceed with the agenda?
Commissioner Teele: Mr. Chairman, the only — I do want to say this. I'm not saying that Mr. Beatty is
getting political. I'm saying that...
Chairman Plummer: Oh, I am.
Commissioner Teele: ...Mr. Beatty — well, you may say that, Mr. Chair. I think Mr. Beatty is being used
and his comments are being used to create a political cloud over the Save Our Seniors, which is a very.
important issue in, at least, two of our colleagues' districts. And I don't think that that's fair that Mr. Beatty
would allow himself to be used in that manner because it's just not correct. It's factually not correct. This
Commission has taken all of the legislative actions necessary for the'Save Our Seniors. There is no fiscal
implications in FY 2000, notwithstanding the Mayor's memo, notwithstanding the media's discussions about
it, and the fact of matter is, the Save Our Seniors does not have a cloud over it at this point in time, unless
someone is going to come forth with something. I've inquired of the Manager., I've inquired of Ms. Henry.
And if there's anyone else in the management that knows of some issue, I think now would be the time to
come forward. Thank you, Mr. Chairman.
Chairman Plummer: OK. All right. What does my colleagues wish to do? Do you wish to proceed without
Cable 9 or do you wish to...
Commissioner Regalado: Yes.
Chairman Plummer: Proceed?
Commissioner Sanchez: Yes.
14. (A) FIRST READING ORDINANCE: AMEND CODE SECTIONS 42-102 .THROUGH 42-104,
ADD NEW SECTIONS 42-116 TO 42-118 "TOWING OF MOTOR VEHICLES"; TO PROVIDE
DEFINITIONS AND ESTABLISH REGULATIONS. PROCEDURES AND PENALTIES FOR
THE 11M MOBILIZATION OF VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT
PERMISSION OR AUTHORITY — (BOOTING CARS)
(B) AMEND REQUEST FOR QUALIFICATIONS (RFQ) .FOR TOWING RE FEES AS $80
TOTAL AND REALIGN ZONE 2 BOUNDARY - ADJUST AT END OF YEAR TO ENSURE
EQUITABLE TOWING AMONG COMPANIES.
Chairman Plummer: We're now on Item 7. Item.7...
Vice Chairman Gort: It's back on.
Chairman Plummer: It's back on. Item 7 is the towing of motor vehicles. Mr. Manager. Officer Moe.
Commissioner Sanchez: Mr. Chairman, I have some clarification on this item.
Chairman Plummer: All right. Hold on, hold on. I'm being informed, we did not take a roll call on six? I'm
saying we did. All right. Mr. Sanchez...
Commissioner Sanchez: What are you wishing to do, Mr. Chairman? Do you want to vote on six or what?
26 October 26, 1999
Chairman Plummer: No, we finished six. And we're now on seven, which is the towing of motor vehicles.
Commissioner Sanchez: Just clarification on towing of motor vehicles. It's my understanding that, first of
all, I have not gotten a contract or a copy of the proposed contract between the City of Miami and the
towing companies.
Vice Chairman Gort: This is not the towing companies.
Commissioner Sanchez: This is the towing companies.
Chairman Plummer: This is more for the booting.
Commissioner Teele: Booting.
Commissioner Sanchez: Oh, the booting. OK.
Chairman Plummer: It's misleading because, if you read down further, it is, in fact, the towing and
immobilization. Ain't -going -nowhere kind of thing. All right. Officer Moe, if I may, through the Manager,
inquire?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: Officer Moe, this does not give anyone an exclusive, am I correct, on the booting?
Officer Moe: That's correct.
Chairman Plummer: Anyone that meets the requirements can, in fact, be a company to do the booting, as
long as the minimum requirements are met the City has put forth?
Officer Moe: Yes.
Chairman Plummer: OK. The only requirement would be that they would have the maximum of the
charges that, in fact, have been already set by this Commission.
Officer Moe: Yes. To follow all regulations and amendments.
Chairman Plummer: All right. Now, we also talked about the towing of vehicles. In this particular case,
with the booting, it was 65/15. Is my recollection correct?
Officer Moe: Fifty-five and 10 is what's on the ordinance for booting.
Chairman Plummer: Fifty-five and 10. OK. That was on first reading?
Officer Moe: Yes.
Chairman Plummer: And that's what's here for second reading?
Officer Moe: Yes.
27 October 26, 1999
Chairman Plummer: Now, on the towing of vehicles, we did change, in fact, the fees that were being
proffered there, correct?
Officer Moe: Not for private property towing. No. That...
Chairman Plummer: Was it for City towing?
Officer Moe: That concerned City...
Chairman Plummer: OK. Was it a separate issue than this one or was it, in fact, part and parcel that we talk
to at the same time?
Mr. Alejandro Vilarello (City Attorney): It was a separate issue that you talked about at the same time.
Chairman Plummer: OK. And what was our final on the towing, on private or City vehicles?
Mr. Vilarello: There was no change with regard to private property towing and with regard to City -initiated
towing, Officer, do you recall the numbers?
Officer Moe: Yes. We came up with a final price of 70 and 25 for police -initiated tows, and City -owned
vehicles would be at no cost and, again, private property tows were never discussed.
Chairman Plummer: All right. Now, is that for the RFP (Request for Proposal) or is that already in an
ordinance?
Mr. Vilarello: That's for an RFP in connection with the police -initiated tows.
Chairman Plummer: OK. So, actually, we're talking about two separate issues here, am I correct?
Officer Moe: Yes.
Chairman Plummer: All right. Let's address the first issue first and that is the booting, all right? And that's
the ordinance, as I understand it, that is before us. It was moved by Teele before and seconded by Gort,
with two negative votes of Plummer and Regalado. Mr. Gort, you have the floor.
Vice Chairman Gort: Move it.
Chairman Plummer: Mr. Gort moves it as he...
Commissioner Teele: Second.
Chairman Plummer: And seconded by Teele.
Commissioner Teele: I have some comments — questions.
Chairman Plummer: Mr. Teele, you — for discussion.
Commissioner Teele: On the ordinance, the method of payment, have we clarified the "and" or the "or"?
Vice Chairman Gort: Yes.
28 October 26, 1999
Commissioner Teele: Is that clarified, Mr. Attorney?
Mr. Vilarello: I'm sorry. Repeat your question.
Commissioner Teele: On page 5 of first reading, it said "shall include a check cashed and credit card. Did
we change "and" to an "or"?
Vice Chairman Gort: My understanding, we changed their mind..
Mr. Vilarello: To "or" — "and/or." No, it was not changed and we will make sure it's changed.
Commissioner Teele: All right. Regarding signage on page 6. In accordance with the towing ordinance, it's
my understanding that we do not require the individual property owner to be placed on the immobilization
sign, is that convect?
Mr. Warshaw: Yes.
Commissioner Teele: Can this ordinance be conformed to that — the same standards? We don't need to —
what we need to do is have a little bit of transparency so that a property owner has either one, but we don't
need to have one set of rules for towing and another set of rules ,for booting. Do you all have a problem
with that?
Mr. Hugh Cochran: No. We've changed that.
Commissioner Teele: That has been changed?
Officer Moe: Has been changed in the ordinance.
Commissioner Teele: OK. So, you all went through this after the first reading, too?
Officer Moe: Yes.
Commissioner Teele: What other changes do you have from the first reading?
Officer Moe: The owner's name of the lot, where the vehicle would be booted, is to be placed in the
contracts that will be on file at the Police Department in case a citizen wants to get in contact with the owner
of the property that was where the vehicle was booted.
Chairman Plummer: All right. Any other questions? Any other discussion? Mr. Sanchez.
Commissioner Teele: What about the enforcement and collection? Does that conform to the towing
ordinance, that the booting or the immobilization company should be responsible for collection and not the
property owner? In the first reading we had the property owner being — having some responsibility.
Officer Moe: That remained in there. The property owner does have responsibility. That remained in the
ordinance.
Commissioner Teele: Does he have that same responsibility in the towing ordinance?
29 October 26, 1999
Vice Chairman Gort: Yes.
Chairman Plummer: Yes.
Commissioner Teele: You certain?
Officer Moe: Yes, I believe he does.
Mr. Hugh Cochran: I was lead to believe that they did not.
Officer Moe: It's not responsibility for collection. Responsibility for any civil action that may arise out of
the booting of the vehicle.
Commissioner Teele: Civil action, yes. Collections, no.
Officer Moe: Correct. No.
Commissioner Teele: There's no collections issue here?
Officer Moe: No.
Commissioner Teele: But civil, there is. And what is the fee that we've agreed on, that the management is
recommending? We asked — you know, we asked you to just take the fee issue under advisement. You all
were supposed to come back to us with a separate memo on what you're recommending on the fee. Did we
get that separate memo?
Major Joseph Longueira: No.
Commissioner Teele: Do we have a separate memo on the fee? When we adjourned this, there was a whole
lot of discussion going back and forth.
Chairman Plummer: Sixty-five and fifteen?
Commissioner Teele: And what we asked you to do is just go back and discuss it and let the management
give us a written recommendation. Do we have a written recommendation from the management?
Major Longueira: Commissioner, I don't believe that was this item. I believe the recommendation right
now is 65 and...
Chairman Plummer: Sixty-five and 15, as I recall.
Major Longueira: Right.
Commissioner Sanchez: Sixty-five and 10.
Chairman Plummer: Ten?
Commissioner Teele: When we adjourned — and, see, this is one of the issues. When we adjourned, we cut
off this because it was going back and forth and it really was beginning to look like the making of sausage in
here and we asked the management to go back, to work it out, to work with everyone, and to come back to
30 October 26, 1999
us with a written recommendation on what that would be. And we just sort of left that in abeyance with
whatever we had at that time. Now, has there been any written management recommendation on this? Is
there a management written recommendation? Is there a written recommendation on this?
Officer Moe: No. Other.than...
Commissioner Teele: Well, well let me ask — do you all have a recommendation?
Chairman Plummer: If we get anymore high-priced help up here, we might get an answer.
Major Longueira: Commissioner, it's six...
Commissioner Teele: Do you all have a written recommendation, sir?
Chairman Plummer: You know, everybody's saying "we don't know. We don't know." If you donl know,
say it.
Commissioner Teele: Yeah, but see — but, J.L., look, we have staff — we're entitled to written
recommendations.
Chairman Plummer: I don't disagree.
Commissioner Teele: We shouldn't have to come up here and have an oral discussion about something that
we already said. Does the industry have a recommendation?
Mr. Cochcran: If I could refresh everyone's memory, perhaps. My recollection was...
Commissioner Teele: No, no, no, no.
Commissioner Sanchez: No. A written recommendation.
Commissioner Teele: Do you have a recommendation?
Mr. Cochran: Yes. It's seventy-five/sixty, Fifteen to the City.
Commissioner Teele: Seventy-five...
Mr. Cochran: Sixty, and 15 to the City.
Commissioner Teele: OK. That's your recommendation? ,
Mr. Cochran: Yes, it is.
Commissioner Teele: Do you all agree to that recommendation? Do you object to the recommendation?
Major Longueira: No, Commissioner, I don't object.
Mr. Warshaw: No, we don't.
Commissioner Teele: All right. Then, let's just...
31 October 26, 1999
Chairman Plummer: I only have one question.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I have a question.
Chairman Plummer: Go ahead, sir.
Commissioner Sanchez: So, instead of making ten dollars ($10) onto that, the City would be making fifteen
dollars ($15)...
Mr. Cochran: That's correct.
Commissioner Sanchez: ... and you would be making sixty dollars ($60)?
Mr. Cochran: That's correct.
Commissioner Sanchez: OK.
Chairman Plummer: All right. My only problem has been from the very beginning. I can envision that this
is going to be a tremendous burden on the Police Department.
Major Longueira: Yes.
Chairman Plummer: That when it hits the fan, they're going to call the Police Department and they're the
ones that are going to have to go there and settle the problem. Now, would it be within the keeping that, if
the police are called and have to respond, that the City gets more money than the fifteen dollars ($15)?
Commissioner Teele: J.L., I would make that a separate ordinance and I think it should apply to tow trucks,
as well as this. I mean, I don't have — see, the whole idea, J.L., is not to protect one industry from the
market or to favor one industry from the market. We should have a transparent ordinance that applies
equally to the tow trucks, that applies to this, and if you want to have an ordinance that requires a fee when
the police are called on the immobilization, whether it's tow trucks or boot and as long as it's the same thing,
I have no objection. I strongly support it.
Chairman Plummer: OK. Mr. City Attorney, you'll prepare it for the next Commission meeting. We now
have — unless there's any further discussion, Item 7 will be with a fee schedule of seventy-five dollars ($75)
for the booting, of which the City will receive fifteen dollars ($15). Moved by Gort. Seconded by Teele.
Mr. Vilarello: This will be on first reading. We'll also incorporate...
Chairman Plummer: Why first reading?
Commissioner Teele: No, this is second reading
Chairman Plummer: This is second reading.
32 October 26, 1999
Mr. Vilarello: You have increased the fee on the — this ordinance was advertised for second reading at a
lower fee.
Chairman Plummer: OK. First reading. Read it on first reading.
Mr. Vilarello: We will also incorporate the comments made by Commissioner Teele and Officer Moe and
amendments to it, is that correct?
Commissioner Teele: Yes, sir.
Chairman Plummer: Read the ordinance.
Commissioner Teele: And, Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Attorney, would you go through this ordinance and the other ordinance and point
out any inconsistencies? The whole idea here is to give the property owners the determination so that he
can or she can choose which one they want to use or both.
Chairman Plummer: And I will request a monthly report of all calls of service by the Police Department or
complaints be given to this City Commission on a monthly basis.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: One concern that I have is the standardization both on the booting and the towing.
Now, I think both arguments have been made on both sides and, of course, one requires more insurance and
other expenses that accumulate during the process of business. But one thing that I do want to get across is
that there has to be standardization on both industries. If we're going to allow one industry to do something,
then, we should allow the other. And I think that one of the things that have been left out on this argument
is that maybe the towing company could do booting. Because I'll tell you this much. I think that every
Commissioner up here has made the statement that "I'd rather have my car booted than towed" because, of
course, after being towed, I have to go to the yard; I get storage fee; administration fee. It becomes more of
a burden to our taxpayers. So, I think that the key word on both arguments here is a standardization, where
both are in the same level playing field that we can make a reasonable decision to benefit not only the both
companies, or the towing and the booting, but also the taxpayers in the City of Miami. So, having that
motion made that's on the floor for 75, I'm ready to vote on it.
Chairman Plummer: All right. Read it under first reading.
Mr. Vilarello: Commissioner, when we bring the ordinance back, we had omitted the references to towing.
On the next draft, we will bring it back with that language there, so the City Commission can see the rules.
Chairman Plummer: That will be fine, sir. Read the ordinance. Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Chairman Plummer: I'm going to vote yes. I think the City is going to be all right. I still — my main
33 October 26, 1999
concern is tying up the Police Department on matters other than what I think they should be doing. But this
can always be revisited. We can always alter it or change it. And that's where I'm at.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 42/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "TOWING OF MOTOR VEHICLES;"
TO PROVIDE DEFINITIONS AND ESTABLISH REGULATIONS,
PROCEDURES AND PENALTIES FOR THE IMMOBILIZATION OF
VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION
OR AUTHORITY; MORE PARTICULARLY BY RENAMING ARTICLE IV
OT "TOWING AND IMMOBILIZATION OF MOTOR VEHICLES,' BY
DIVIDING SAID ARTICLE INTO DIVISIONS 1, 2 AND 3, BY AMENDING
SECTIONS 42-102 THROUGH 42-104, AND BY ADDING NEW SECTIONS
42-116 TO 42-118 TO SAID CODE; PROVIDING FOR A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was passed on first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr. '
NAYS: None.
ABSENT: Commissioner Tomas Regalado
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Chairman Plummer: Now, Sergeant Longueira (sic). I need to talk to the RFP on the towing. Now, I hear
my colleague, Mr. Sanchez, talk about standardization. I don't know. Can I ask the gentleman, what does a
boot cost? The cost of a boot.
Mr. Cochran: About five hundred dollars ($500). Four hundred ninety.
Chairman Plummer: About five? OK. Now, when we talk about fairness to the towing companies — and
we have an RFP — if we're allowing for a five hundred dollar ($500) mechanism, a seventy-five dollar ($75)
fee with a fifteen dollar ($15) surcharge, I don't know what a wrecker cost but I know what a car cost and 1
would assume a wrecker, in my estimation, has got to cost twenty-five to forty thousand dollars. I think that
what we're trying to do in limiting the towing companies — and what was it in the RFP to the towing
companies?
Major Longueira: Seventy and twenty-five.
Chairman Plummer: OK. I think that, as far as I'm concerned, I would like to see a consideration of even
34 October 26, 1999
standardization or I think more so, all right? Now, you're talking about 75 and twenty-five is a hundred
dollars or you're talking 75 less the 25?
Major Longueira: No, it's 70 plus the 25.
Chairman Plummer: Seventy plus 25? _
Major Longueira: Commissioner, I have a suggestion.
Chairman Plummer: Mr. Longueira.
Major Longueira: We met with the towing industry yesterday
Chairman Plummer: All right.
Major Longueira: We heard their concerns about their costs.
Chairman Plummer: Correct.
Major Longueira: OK? The towing companies wanted to go to 90 and 25.
Chairman Plummer: And I think that's fair.
Major Longueira: We disagreed with them. Our recommendation to the Commission is that we go to 70
and 25.
Chairman Plummer: No, 80.
Major Longueira: I'm sorry. Seventy-five and 25. That's our recommendation, it go to 75 and 25. That
gives them an increase from the current ordinance today of 60. It takes them to 75. That's a fifteen dollar
($15) increase. OK.
Chairman Plummer: No, this — the booting's taken care of. That's finished on first reading.
Major Longueira: Well, I'd like to go back to booting in a minute, though.
Chairman Plummer: All right.
Major Longueira: So, if we go to 75 and 25, that gives them a fifteen dollar ($15) increase from what they
have today, OK? In that fifteen dollar ($15) increase, is like three dollars ($3) of it covers the cost of doing
all the City tows for free.
Chairman Plummer: OK.
Major Longueira: So, they get a net twelve dollar ($12) increase.
Chairman Plummer: I hear what you're saying. I would like to see in the RFP — to my colleagues; I would
like to see it 80 and 25. Now, what do I have to do in — Mr. City Attorney? This is to the RFP, of course.
Mr. Vilarello: The RFP is coming back at...
35 October 26, 1999
Mr. Warshaw: Hasn't gone out yet.
Chairman Plummer: Hadn't gone out yet.
Major Longueira: We haven't put it out, yet. _
Unidentified Speaker: So, we need to bring it back and change it.
Mr. Vilarello: If this City Commission makes a motion to...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would move the Chairman's recommendation that RFP — that the management be
requested or instructed to include a recommendation coming forward with'this 80/25, and the management
has a right to make any other recommendation on the financials that you agree or disagree that you'd like to.
Chairman Plummer: All right. Now, do we need a motion on that, Mr...
Commissioner Teele: But, Mr. Chairman.
Chairman Plummer: Yes, sir.
Commissioner Teele: I would like to have a time certain in this motion as to when it's going to come
forward. In other words, you give us a date. When will the RFP be ready...
Ms. Judy Carter (Director, Purchasing): The document is ready right now and it's — this is Judy Carter. In
fact, the document is prepared to be issued as of today. It is in the print shop. However, we will hold it in
order that we may make the change that you desire and then we will mail it.
Commissioner Teele: Well, I would ask that, in the next Commission meeting, we just be given an update.
Ms. Carter: No problem.
Commissioner Teele: In writing.
Ms. Carter: Yes.
Commissioner Teele: With a copy of the RFP that has gone out for the Commission's information.
Ms. Carter: Yes, sir.
Commissioner Teele: That would be the motion.
Chairman Plummer: OK. I understand, Officer Moe, through the Manager, if I may, that there was one
other problem. It was brought to my attention. Something about the zone of 20th Street instead of 24th
Street. You wanted to make a change?
36 October 26, 1999
Major.Longueira: Yes. We want to realign to southern boundary of zone two down to 20th Street instead
of 24th Street.
Chairman Plummer: OK.
Major Longueira: On the map.
Chairman Plummer: That would be in the RFP also?
Major Longueira: Yes. We can make that change if the Commission agrees to that.
Chairman Plummer: All right.
Commissioner Teele: Well, what's the effect of that?
Major Longueira: Commissioner...
Chairman Plummer: Twenty-fourth Street doesn't go...
Major Longueira: ...what it does is allows us to, hopefully, balance the companies a little bit more.
Currently, it's at 20th Street and because of the sting issues on prostitution in that neighborhood, we...
Commissioner Teele: Well, I've got a better way to do it. That 60 days before the end of the year, the
management will waive all boundaries and will make adjustments, as the management deems appropriate, to
ensure equitable towing. So, every year you've got a 60-day window to make adjustments and that's how
that should be done, as opposed to having it — because what — we're still waiting — I'm still waiting on the
distribution and I'm hearing that it's all over the place. Is that a fair statement?
Chairman Plummer: Mr. City Attorney?
Major Longueira: Between the companies?
Chairman Plummer: No. I think what — if I understand — and I don't mean to interpret for him. But from
now until the RFP is awarded, that it be open competition, is that — am I...
Commissioner Teele: No.
Chairman Plummer: Nope. All right.
Commissioner Teele: What I'm saying is that, between now and until its awarded, what they should be
doing is ensuring that the companies that have been selected already, that have been under given the
opportunity that they be equalized and that's what should be happening right now. And the new RFP should
reserve the right every year for you all to equalize during a 60-day period.
Major Longueira: And we do that administratively.
Commissioner Teele: And administratively. So, the boundaries, to the extent — you know, you become the
— Major, you become the real high sheriff for 60 days. You get to make the decisions the way you see fit, as
long as the numbers come out right.
37 October 26, 1999
Chairman Plummer: And I wonder why it's even in the hands of the Police Department, but...
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding, read a report — there is two zones that were each receiving above
one million and the rest was an average of six hundred thousand. And I think this is what we need to look
at, to make sure it's fair for everyone. That's a report that I got two weeks ago.
Major Longueira: And, Commissioner, you may be right in the dollars and cents of it, but I just...
Commissioner Teele: Well, I'll tell you what I'd like to do. When we come back at noon, let's make
everybody aware of what of it is so that he's — we're not guessing about what Commissioner Gort says, but
it's spread over the record. And I would like, at 2 o'clock, when we come back, to have a break-out of what
everybody received so that we can ensure that it is equal. Because you all may already have it equal.
Major Longueira: That's what we provided you at the last meeting, was that break-out that showed two
companies were over a million. The rest were — some around six hundred thousand dollars ($600,000).
That was the information provided by the companies. Remember, you...
Chairman Plummer: OK. You understood the Commissioner?
Major Longueira: Yes.
Chairman Plummer: See you at 2 o'clock.
Major Longueira: Commissioner, if I can...
Chairman Plummer: And make the two changes of the towing RFP to the boundary change of 20th to 24th
and 80 and 25.
Mr. Vilarello: I need a motion on that and...
Chairman Plummer: Motion by...
Vice Chairman Gort: Move it.
Chairman Plummer: ...Teele. Seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
38 October 26, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-797
A MOTION INSTRUCTING THE CITY MANAGER TO AMEND
THE REQUEST FOR QUALIFICATIONS (RFQ) IN CONNECTION
WITH CHARGES FOR TOWING OF MOTOR VEHICLES TO
INCLUDE RECOMMENDATIONS PROFFERED BY THE
ADMINISTRATION ON THIS SAME DATE REGARDING
POSSIBLE FEES TO BE CHARGED FOR SAID SERVICES, AND
THAT ONE OF THOSE PROPOSED RECOMMENDED FEES BE $80
TOTAL ($55 FOR INDUSTRY AND $25 FOR THE CITY); FURTHER
DIRECTING THE MANAGER TO UPDATE THE COMMISSION IN
WRITING AT THE NEXT COMMISSION MEETING, WITH A COPY
OF THE RFQ WHICH IS SCHEDULED FOR DISTRIBUTION SOON;
FURTHER AMENDING THE RFQ TO REALIGN THE SOUTHERN,
BOUNDARY OF ZONE NO. 2 DOWN TO 20' STREET, INSTEAD
OF 24T" STREET (ZONE 2 NEW BOUNDARIES: 54 STREET ON
THE NORTH, BISCAYNE BAY ON THE EAST, 20T" STREET ON
THE SOUTH, THE CITY LIMITS, INCLUDING N.W. 36 STREET
STRIP TO RAILROAD TRACKS ON THE WEST); AND FURTHER
AMENDING THE RFQ TO STIPULATE THAT ON AN ANNUAL
BASIS THE LAST 60 DAYS OF THE CALENDAR YEAR THE
ADMINISTRATION WILL WAIVE ALL BOUNDARIES AND MAKE
ADJUSTMENTS AS IT DEEMS APPROPRIATE TO ENSURE
EQUITABLE TOWING OF MOTOR VEHICLES AMONGST
COMPANIES SELECTED TO PERFORM SAID SERVICES.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Chairman Plummer: All right.
Major Longueira: Commissioner...
Mr. Vilarello: Between now and until, I'll try to understand exactly what Commissioner Teele is requesting
and whether we can lawfully do that.
Commissioner Teele: I requested exactly what the Chairman said he'd like to see done.
Chairman Plummer: No. He's in reference to opening it up for 60 days. He says there might be a legal
39 October 26, 1999
problem.
Commissioner Teele: There should be language in the bid document that simply states that it is the goal of
the City to ensure that the economic activities are relatively balanced and equal.
Chairman Plummer: I don't know how anybody could object to that.
Commissioner Teele: And that, annually, the management reserves the rights to suspend the zones for the
purpose of ensuring an equitable balance for that purpose — for that limited purpose.
Chairman Plummer: All right, sir.
Commissioner Teele: And that gives you the power. We're not trying to do it.
Chairman Plummer: You wish to be heard, sir?
Mr. Joffrey Saragosey: Yes. Just a few moments ago Commissioner Sanchez and yourself were talking
about trying to standardize the industry. I still think that there's a direct conflict between the trespassing
laws with booting and it's starting to form.
Chairman Plummer: Your name and address for the record, sir
Mr. Saragosey: Joffrey Saragosey, 1674 Bay Road, Miami Beach.
Chairman Plummer: Who do you represent?
Mr. Saragosey: I'm a community activist in the beach.
Chairman Plummer: OK.
Mr. Saragosey: The only thing that I would like to recommend, that the City Attorney take a look at the
state trespassing laws to see if there is a direct conflict with booting in the way that it's in its current form.
Chairman Plummer: Thank you, sir.
Major Longueira: Commissioner?
Chairman Plummer: OK. All in favor of the changes in the RFP say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
[THIS IS A SECOND ROLL CALL TO MOTION NO.99-797.]
Commissioner Teele: That included a motion — in the motion that the management would present, for
informational purposes...
Chairman Plummer: Right.
40 'October 26, 1999
Commissioner Teele: ...at the next Commission meeting this item. Mr. Chairman, I would also ask to take
note that, at 11:30 or so, we would like to continue with the update on Miami Limited. As you know, these
fine citizens have been here, at least, four, five, six times trying to get an answer and I think the management
is prepared to give them...
Chairman Plummer: All right, sir.
Commissioner Teele: ...some good news.
Major Longueira: Commissioner...
Chairman Plummer: We're now, on...
Major Longueira: Can I just one thing? Go back to the boot. In your explanation that you wanted the two
industries to be kind of equal. What I would recommend, as we go back on the booting thing, and address
one issue.
Chairman Plummer: What is that?
Major Longueira: In the towing, the ADMN (Administration) fee for us to administer, to receive the calls,
to track the calls, is a twenty-five dollar ($25) ADMN fee.
Chairman Plummer: Right.
Major Longueira: Currently, as the booting is going to be, it's a fifteen dollar ($15) fee. We have to do the
same amount of work. If you're going to — if you want it equal, I would make the ADMN fee for the
booting the same as the towing, twenty-five dollars ($25).
Vice Chairman Gort: Let me tell you what I think is difference, and correct me if I'm wrong. I'm not a
police officer. But when you come out and your car has been towed, you call the police because to report a
stolen car. Excuse me. I mean, if I come out and my car is not there in the parking where I left it, I'm going
to call the police.
Chairman Plummer: That's not what he's talking to. He's talking about...
Vice Chairman Gort: Excuse me. Excuse me.
Chairman Plummer: Go ahead.
Vice Chairman Gort: Excuse me. Let me finish. My understanding is, I have to call the police officer,
police station. "My car has been stolen" and the police will have to come back to mean and say, "Oh, no,.
no. Your car has not been stolen. Your car, it was towed away by such and such a company. You have to
go get it." My understanding is, when you place a boot on the car, the car stays there. So, there's no reason
to call the police and tell them "my car has been stolen." So, I think that administration is a little different.
Major Longueira: They still have to call in the record to us that they're booting the cars.
Vice Chairman Gort: They will call to report and tell you, "This car has been booted. So, we can go ahead
and collect."
41 October 26, 1999
Major Longueira: Yes. We're still tracking that...
Vice Chairman Gort: But the administration is a little different to work. That's my understanding.
Chairman Plummer: No. It's the same amount of paperwork.
Major Longueira: It's the same amount of paperwork and I'd recommend that change so that, if you do want
to make it equal, it's equal across the board.
Chairman Plummer: All right. For consideration on the -second reading. Have it both ways. -
Major Longueira: No, I think you get...
Mr. Vilarello: Well — I'm sorry, Commissioner. If you're going to consider increasing that fee at the second
reading...
Chairman Plummer: No, not increasing. It's changing. The fee would still be seventy-five dollars ($75),
but the City would receive 25, correct?
Major Longueira: No. What they're...
Chairman Plummer: Are you increasing the fee to 85 and 25?
Major Longueira: Yes. It would be 60 and 25.
Chairman Plummer: OK. Then, that's what would be recommended.
Mr. Vilarello: If you wish to do that, you need to reconsider the ordinance, which has been adopted on first
reading, and make that change.
Chairman Plummer: All right. As soon as I get a quorum, which I don't have.
Vice Chairman Gort: Move to reconsider. Teele is here.
Chairman Plummer: All right. Move to reconsider by Gort. Seconded by Teele. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All right.
42 October 26, 1999
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-798
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON AGENDA
ITEM 7, FIRST READING ORDINANCE TO AMEND CERTAIN
SECTIONS OF CHAPTER 42 OF THE CODE TO PROVIDE FOR
PROCEDURES FOR THE IMMOBILIZATION OF VEHICLES
(BOOTING CARS) PARKED ON PRIVATE PROPERTY WITHOUT
AUTHORITY.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman Plummer: Now, a motion on the floor would be to make the fee eighty-five dollars ($85) and the
City receive twenty-five dollars ($25). Moved by Gort. Seconded by Teele. All in favor say "aye."
Mr. Vilarello: It's an ordinance, so we'll have to go through that and, of course, it also incorporates all the
changes that you previously made.
Chairman Plummer: All right. Does that take care of it or not?
Mr. Vilarello: It's a first reading of the ordinance, as amended.
Chairman Plummer: All right, as amended. Do we need to do anything else on that?
Mr. Vilarello: Read the ordinance.
Chairman Plummer: Read the ordinance. All right. Call the roll.
[COMMENTS MADE DURING ROLL CALL:]
Commissioner Sanchez: Before I vote, I want to make clear that .I will reserve my right for the next time
that it comes up, to make arguments on, one, the administration fee, and the other on the difference between
the towing company and the booting. Because I disagree with Mr. Plummer on the item of which one's
going to cost more problems. I think the first thing — when your car is not there, the first thing you do is,
you call the police because you think it's stolen. With the boot, you know that your car is there. So, those
are two arguments that I'm going to make very strongly when it comes back up. But, yes, 1 approve it this
time.
43 October 26, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE - MIAMI CITY COMMISSION AMENDING
CHAPTER 42/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "TOWING OF MOTOR VEHICLES;"
TO PROVIDE DEFINITIONS AND ESTABLISH REGULATIONS.
PROCEDURES AND PENALTIES FOR THE IMMOBILIZATION OF
VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION
OR AUTHORITY; MORE PARTICULARLY BY RENAMING ARTICLE IV
TO "TOWING AND IMMOBILIZATION OF MOTOR VEHICLES,' BY
DIVIDING SAID ARTICLE INTO DIVISIONS 1, 2 AND 3, BY AMENDING
SECTIONS 42-102 THROUGH 42-104, AND BY ADDING NEW SECTIONS
42-116 TO 42-118 TO SAID CODE; PROVIDING FOR A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was passed on first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
15. ACCEPT GRANT FROM MIAMI-DADE CULTURAL AFFAIRS COUNCIL FOR THE MANUEL
ARTIME PERFORMING ARTS CENTER, ESTABLISH NEW SPECIAL REVENUE FUND,
APPROPRIATE FUNDS ($145,000).
Chairman Plummer: We're now on Item 8. Artime Center Improvements.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved previously by Sanchez. Seconded by Gort. Does anyone wish to speak to Item
8? Let the record reflect no one came forward. Read the ordinance. Call the roll.
44 October 26, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION ACCEPTING A
GRANT FROM THE MIAMI-DADE CULTURAL AFFAIRS COUNCIL FOR
THE MANUEL ARTIME PERFORMING ARTS CENTER, AND
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "ARTIME
CENTER IMPROVEMENTS" AND APPROPRIATING FUNDS FOR SAID
PROJECT IN THE AMOUNT OF $145,000, AS REFLECTED IN A GRANT
AWARD AGREEMENT OFFERED TO THE MANUEL ARTIME
PERFORMING ARTS CENTER BY THE MIAMI-DADE CULTURAL
AFFAIRS COUNCIL; AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AWARD AND EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of October 12, 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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11848
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
16. SECOND READING ORDINANCE: AMEND CODE SECTION 2-892, ADD NEW SECTIONS 22-
170 THROUGH 22-174 TO CREATE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY
COMMITTEE.
Chairman Plummer: Item 9.
Vice Chairman Gort: Move it.
Chairman Plummer:. An Advisory Committee for Garbage and Solid Waste. Moved by Gort. Seconded by
Sanchez. Anyone wishing to address Item 9? Read the ordinance. Let the record reflect no one came forth.
Call the roll.
45 October 26, 1999
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS", AND
CHAPTER 22, ENTITLED "GARBAGE AND OTHER SOLID WASTE" TO
CREATE THE 'COMMERCIAL SOLID WASTE MANAGEMENT
ADVISORY COMMITTEE, SET FORTH SAID COMMITTEE'S FUNCTION
AND REQUIREMENTS FOR MEMBERSHIP, PROVIDE FOR TERMS OF
OFFICE, FILLING OF VACANCIES, OFFICERS, RULES OF PROCEDURE,
MEETINGS, QUORUMS, AND ATTENDANCE REQUIREMENTS,
ASSIGNMENT OF STAFF, FILING OF OFFICIAL RECORDS AND THE
ANNUAL REPORT, AND TO PROVIDE FOR THE "SUNSET" REVIEW OF
SAID COMMITTEE EVERY FOUR YEARS; MORE PARTICULARLY BY
AMENDING SECTION 2-892 AND BY ADDING NEW ARTICLE VII TO
CHAPTER 22 OF SAID CODE, CONSISTING OF SECTIONS 22-170
THROUGH 22-174; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of October 12, 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: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11849
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
17. FIRST READING ORDINANCE: AMEND ORDINANCE 11520, TO INCREASE
APPROPRIATIONS TO SPECIAL REVENUE FUND "COPS MORE = 96" ($340.002). SAID
ADDITIONAL FUNDS RECEIVED IN 1998 AND 1999 AS SUPPLEMENTAL GRANTS FROM
U.S. DEPARTMENT OF JUSTICE FOR CONTINUED OPERATION OF SAID PROGRAM;
AUTHORIZE MANAGER TO ACCEPT GRANTS.
Chairman Plummer: Item 10, Cops More 96.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Anyone wishing to speak to Item 10? Read
46 October 26, 1999
the ordinance since no one came forward. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11520, TO INCREASE APPROPRIATIONS TO THE
SPECIAL REVENUE FUND ENTITLED "COPS MORE 96" IN THE
AMOUNT OF $340,002, SAID ADDITIONAL FUNDS RECEIVED IN 1998
AND 1999 AS SUPPLEMENTAL GRANTS FROM THE U.S. DEPARTMENT
OF JUSTICE FOR THE CONTINUED OPERATION OF THE "COPS MORE
96" PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANTS, AND TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION,
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 Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
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.
18. FIRST READING ORDINANCE:. AMEND ORDINANCE 11167, TO INCREASE INITIAL
RESOURCES. APPROPRIATIONS FOR SPECIAL REVENUE FUND'"OPERATION C.AILS. "
($49,124), CONSISTING OF GRANT FROM STATE OFTLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY; AUTHORIZE MANAGER TO ACCEPT GRANT.
Chairman Plummer: Item 11, moved by Gort. Seconded by Sanchez. Operation C.A.R.S., forty-nine
thousand one hundred and twenty-four dollars ($49,124). Let the record reflect no one came forward. Read
the ordinance. Call the roll.
47 October 26, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE,% MIAMI CITY COMMISSION AMENDING.
ORDINANCE NO. 11167, AS AMENDED, ADOPTED JULY 14, 1994,
WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS
FOR A SPECIAL REVENUE FUND ENTITLED "OPERATION C.A.R.S.," TO
INCREASE SAID APPROPRIATIONS, IN THE AMOUNT OF $49,124.00,
CONSISTING OF A GRANT FROM THE STATE OF FLORIDA MOTOR
VEHICLE THEFT PREVENTION AUTHORITY; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE ALL
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER
TO EXPEND MONIES TO CONTINUE THE OPERATION OF THE
PROGRAM; CONTAINING A REPEALER PROVISION AND
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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
19. FIRST READING ORDINANCE: ' ESTABLISH -INITIAL RESOURCES AND
APPROPRIATIONS FOR SPECIAL REVENUE FUND "TROOPS FOR COPS 99 GRANT."
AUTHORIZE MANAGER TO ACCEPT GRANT. ($54,900). FROM U.S. DEPARTMENT OF
JUSTICE, OFFICE'OF COMMUNITY ORIENTED POLICING SERVICES (COPS)
Chairman Plummer: Item 12, Troops for Cops 98.
Vice Chairman Gort: Additional grants. Second.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Gort. Seconded by...
Vice Chairman Gort: Moved by Sanchez.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Read the ordinance. No one come forward.
Call the roll.
48 October 26, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING
INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED "TROOPS FOR COPS 99 GRANT,"
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE
AMOUNT OF $54,900, FROM THE U.S. DEPARTMENT OF JUSTICE,
OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS), AND
TO EXECUTE - ALL NECESSARY DOCUMENTS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT;
AUTHORIZING THE EXPENDITURES OF SAID GRANT FOR OPERATION
OF SAID PROGRAM; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
20. FIRST READING ORDINANCE: ESTABLISH_ ; INITIAL! RESOURCES AND
APPROPRIATIONS FOR - SPECIAL REVENUE FUND . "SCHOOI BASED PARTNERSHIPS
GRANT H." AUTHORIZE MANAGER ; TO :ACCEPT GRANT, (S207317). FROM U.S.
DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES
("COPS").
Chairman Plummer: Item 13. Moved by Gort. Seconded by Sanchez. School Based Partnership, two
hundred and seven thousand dollar ($207,000) grant.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Second.
Chairman Plummer: Let the record reflect no one came forth. Read the ordinance. Call the roll.
49 October 26, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING
INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED "SCHOOL BASED PARTNERSHIPS GRANT
II," AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE
AMOUNT OF $207,317, FROM THE U.S. DEPARTMENT OF JUSTICE,
OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ("COPS"),
AND TO EXECUTE ALL NECESSARY- DOCUMENTS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT;
AUTHORIZING THE EXPENDITURES OF SAID GRANT FOR OPERATION
OF SAID PROGRAM; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
21. FIRST, .., READING .ORDINANCE: `.., :AMEND CODE SECTION 2-892
"ADMINISTRATION/BOARDS. COM IITI'EES - CONIMMSIONS," TO ' REMOVE
REOUIREMENT . FOR SUNSET -REVIEW OF OCCUPATIONAL LICENSE EOUTTY STUDY
COMMISSION.
Chairman Plummer: Item 14. Moved by Gort. Seconded by Sanchez. Anyone wishing to speak on Item
14? No one coming forth. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE. MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATIONBOARDS,
COMMITTEES, COMMISSIONS," TO REMOVE THE REQUIREMENT
FOR A FOUR YEAR SUNSET REVIEW OF THE OCCUPATIONAL
LICENSE EQUITY STUDY COMMISSION; MORE PARTICULARLY BY
AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
50 October 26, 1999
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
22. SUNSET (ABOLISH) OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION —
EXPRESSING TO MEMBERS OF SAID COMMISSION APPRECIATION FOR THEIR
COMMITMENT AND SERVICE.
Chairman Plummer: Item IS. Thanking the Commission for their study of the Occupational Licenses.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez.
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-799
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUNSETTING THE OCCUPATIONAL LICENSE EQUITY
STUDY COMMISSION ESTABLISHED BY RESOLUTION NO.
98-856, AND EXPRESSING TO THE MEMBERS OF SAID
COMMISSION 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
OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION
51 October 26, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado.
Commissioner Arthur E. Teele, Jr.
Chairman Plummer: Item 16. American Gourmet Restaurant in the downtown area. This one is going to be
fun. I would prefer a full Commission on this item.
Commissioner Sanchez: Yes.
Chairman Plummer: OK.
Nnte for the Reenrd: Item 16 was tabled, pending a full Commission.
23. ESTABLISH. POLICY THAT. ALLOWS EACH COABUSSIONER TO INTRODUCE A FEE
WAIVER FOR ONE PARADE, FESTIVAL OR SEVIM AR EVENT IN HIS/HER DISTRICT FOR
ANY FISCAL YEAR. :.
Chairman Plummer: Item 17. Item 17 has been pulled. Item 18 — 17-A. Moved by Gort. Seconded by
Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show. unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-800
A RESOLUTION OF THE MIAMI CITY COMMISSION
ESTABLISHING A POLICY THAT ALLOWS EACH
COMMISSIONER TO INTRODUCE A FEE WAIVER FOR ONE
PARADE, FESTIVAL OR SIMILAR EVENT IN HIS/HER DISTRICT
FOR ANY FISCAL YEAR.
52 October 26, 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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Plummer: Eighteen is a resolution about your replacement program. Is that relating to this —
people that are here?
Unidentified Speaker: Correct.
Chairman Plummer: Hold it until a full Commission.
Note for the Record: Item 18 was tabled, pending a full Commission.
Chairman Plummer: Item 19, air conditioning in the fire stations. We let them burn up and roast or not?
Hello?
Mr. Alejandro Vilarello (City Attorney): Requires a four/fifths vote.
Commissioner Sanchez: It's ratification.
Chairman Plummer: It requires a four/fifths. We can't do it until next year. All right.
Note for the Record: Item 19 was tabled, pending a full Commission.
Chairman Plummer: Item 20. Item 20 is also a four/fifths vote. They don't get anything to sit on until next
year.
Nnte for the Record: Item 20 was tabled, pending a full Commission.
24. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MIANII-DADE HOUSING
AGENCY. TO ACCEPT GRANT FOR PROVISION OF POLICE. SERVICES THROUGH THE
COMMUNITY ORIENTED POLICING PROGRAM ("COPS. PROGRAM"), ($300,000), WITHIN
THE FOLLOWING NET SERVICE AREAS: ALLAPATTAH, OVERTOWN, WYNWOOD, EAST
LITTLE HAVANA, LITTLE HAM, AND COCONUT GROVE.
Chairman Plummer: Item 21, a COPS (Community Oriented Policing Services) Program, not to exceed
three hundred thousand dollars ($300,000) Miami -Dade Housing Agency.
53 October 26, 1999
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-801
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MIAMI-DADS HOUSING AGENCY, TO
ACCEPT A GRANT FOR THE PROVISION OF POLICE SERVICES
THROUGH THE COMMUNITY ORIENTED POLICING PROGRAM
("COPS PROGRAM"), IN AN AMOUNT NOT TO EXCEED
$300,000, FOR THE PERIOD AUGUST 1, 1999, TO DECEMBER
31,2000, WITHIN THE FOLLOWING NET SERVICE AREAS:
ALLAPATTAH, OVERTOWN, WYNWOOD, EAST LITTLE
HAVANA, LITTLE HAITI, AND COCONUT GROVE.
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Excuse me. Comments.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I think this program is very important because we've had a lot of problems with the
senior citizens in their places and I'm glad to see the Fire and the County and the City's working together and
solve the problem in there.
Chairman Plummer: So be it.
Vice Chairman Gort: Thank you.
54 October 26, 1999
25. ESTABLISH ORANGE BOWL STEERING CONffvE I'EE, RELATED TO THE
REHABILITATION AND MARKETING OF THE ORANGE BOWL.
Chairman Plummer: Item 22 requires a four/fifths. We can't do it. The City Attorney has pulled 23 and 24.
We're now — 25 is withdrawn.
Mr. Alejandro Vilarello (City Attorney): Deferred item 23 and 24 to the next meeting.
Chairman Plummer: Deferred. Continued. Orange Bowl Steering Committee by Commissioner Sanchez.
He moves it. Seconded by Gort. Is there anyone in opposition? All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Wait a minute. Back up.
Commissioner Sanchez: Mr. Chairman, if I may? I have been working on a list of appointees to that
committee. Just for information, FYI (For Your Information), I will be providing each Commissioner with a
list and they will have two appointments from that list to appoint or you could appoint somebody from
outside the list.
Chairman Plummer:. All right, sir. Very fine. All in favor of the Orange Bowl Steering Committee say
flaye „
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous vote.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-802
A RESOLUTION OF THE MIAMI CITY COMMISSION
ESTABLISHING THE ORANGE BOWL STEERING COMMITTEE
("COMMITTEE") FOR A PERIOD NOT TO EXCEED ONE YEAR,
TO ADVISE AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION . RELATED TO THE REHABILITATION AND
MARKETING OF THE ORANGE BOWL; SETTING FORTH SAID
COMMITTEE'S PURPOSE, POWERS, AND DUTIES; AND
PROVIDING FOR OFFICERS, MEETINGS; QUORUMS, AND
REQUIREMENTS FOR MEMBERSHIP.
9
55 October 26, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
26. CONFIRM APPOINTMENTS OF CARIDAD 'MONTERO AND RONALD THOMPKINS AS
MEMBERS (REPRESENTING CITY INDEPENDENT GROUP. UNION) OF THE BOARD OF
TRUSTEES OF GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST.
Chairman Plummer: Resolution of the employees — of sanitation employees for — let's see. The City
Independent Group is the Union (CIGU). Carridad Montero.
Vice Chairman Gort: Move it.
Chairman Plummer: And from City Independent Group Union, Ronald Thompkins.
Commissioner Sanchez: So move both.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. All in favor say "aye."
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-803
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS
AS MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST FOR TERMS AS
DESIGNATED HEREIN.
a
56 October 26, 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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Note for the R ..nrd: Item 28 was tabled, pending Commissioner Teele's presence.
Chairman Plummer: Item 28 is Commissioner Teele's and he is not here. Item 29.
Vice Chairman Gort: Excuse me? Oh, OK.
Chairman Plummer: Item 29. I will defer my Community Relations and the others are Teele's. Item 30,
Health Facilities Authority. Mr. Gort.
Vice Chairman Gort: I defer.
Chairman Plummer: Defer it until the next meeting. Item 31 is a Property Assessment, is Regalado, and he
is not here.
Note for the Record: Item 31 was tabled, pending Commissioner Regalado's presence.
Chairman Plummer: Waterfront Advisory Board is mine and I will defer. Item 33 is the Zoning Board. I'll
defer mine and Teele is not here.
Note for the Record: Item 33 was tabled, pending Commissioner Teele's presence.
27. REFER TO PLANNING ADVISORY BOARD AND ZONING BOARD TO REVIEW
PROLIFERATION OF CLINICS .AND DRUG HALFWAY HOUSES IN SD 9 OVERLAY DISTRICT
FOR UPPER EASTSIDE.
Chairman Plummer: Mr. Manager, can we take up some pocket items? Let's see. Mr. Gort has nothing on
the blue copy.
Mr. Alejandro Vilarello (City Attorney): Commissioner, you don't have a quorum.
Chairman Plummer: I don't have a quorum. Mr. Sanchez, you're deleting a quorum. Are you going to be in
earshot? All right. Mr. Manager, on the blue copies, I brought forth the SD-9 Overlay. There is a scenario,
up in the north end, in reference to SD-9 that I think we need to take it back to the Planning Board and the
Zoning Board for the purposes of a review. The problem is up in the northeast, we're starting to see a
57 October 26, 1999
proliferation again of clinics and drug houses and halfway houses. So, I'm going to make a motion. that this
matter go back to the City's Planning and Zoning Board for a review and recommendation to this
Commission. I so move?
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Mr. Gort.
Vice Chairman Gort: I was under the impression that we had passed a resolution, that we didn't want any
other facilities like that to take place within the City of Miami.
Chairman Plummer: That's correct.
Vice Chairman Gort: I mean, we passed that two years ago.
Chairman Plummer: Yeah. But there was an amendment at a later time and that's where it goofed up.
Vice Chairman Gort: OK.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-804
A MOTION TO REFER TO THE PLANNING ADVISORY BOARD
AND THE ZONING BOARD TO REVIEW THE PROLIFERATION
OF CLINICS AND DRUG HALFWAY HOUSES IN THE SD 9
OVERLAY DISTRICT FOR THE UPPER EASTSIDE; FURTHER
INSTRUCTING THE MEMBERS OF SAID BOARDS TO MAKE
RECOMMENDATIONS IN CONNECTION WITH THIS ISSUE.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner. Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
58 October 26, 1999
28. EMERGENCY ORDINANCE: AMEND CODE SECTIONS 2-887 AND 2-1131 - REDUCE
QUORUM REQUIREMENT FOR BROWNFIELDS ADVISORY BOARD.'
Chairman Plummer: Mr. Manager, a waiver of the majority quorum in reference to Brownfields Advisory
Board. What I have done, Mr. Attorney, in the past, whatever is the scheduled time of the board to meet.
those members present constitute a quorum. I've done, that with the other boards.
Mr. Alejandro Vilarello (City Attorney): We have an ordinance prepared, if you want to consider it...
Chairman Plummer: Read the ordinance, please.
Mr. Vilarello: ...which reduces the number of members required per quorum. This would be an emergency
-- are you proposing it as an emergency ordinance?
[NO AUDIBLE RESPONSE]
Mr. Walter Foeman (City Clerk): Don't have four votes. Tell Plummer I need four. Need four votes.
Emergency, I need four votes.
Commissioner Sanchez: It's a four/fifth vote.
Chairman Plummer: All right. Well, Teele's walking in.
Commissioner Teele: We passed an ordinance, when I was in the County, that precluded any press
conferences while the Commission was in session.
Chairman Plummer: Well, you can do that one again, if you want. All right. Commissioner Teele, the
matter before us right now is my suggestion that, on the Brownfields Advisory Board, that, as I have done
on the other boards to try to make them get more of a quorum, that, at the scheduled time of the meeting to
start, the members present constitute a quorum.
Commissioner Teele: When is the — what item is that?
Chairman Plummer: That's on the blue copies, sir, for Commissioner Plummer. And a resolution — or the
ordinance was already drawn by the City Attorney for today. And if you have no objections...
Commissioner Teele: Is this the blue — what is this)
Chairman Plummer: The blue copies, sir.
Commissioner Teele: I don't have my blue copy out here. I didn't know you were going to go — how did we
get into the blue copy?
Chairman Plummer: Sir, we're almost finished.
Vice Chairman Gort: We're almost finished.
Commissioner Teele: I saw you. I saw you. What is the item, Commissioner?
59 October 26, 1999
Chairman Plummer: Sir, the Brownfields Advisory Board has had a problem of trying to get a quorum.
What I have done with other boards, and very successfully, is that whatever is the scheduled time of that
board to start its meeting, the members present constitute a quorum. And I'll tell you what it's done.
Commissioner Teele: When was the Brownfields Advisory Board established?
Chairman Plummer: Mr. Manager?
Mr. Donald Warshaw (City Manager): I don't know the answer to that.
Mr. Walter Foeman (City Clerk): We could find that out for you, Commissioner. Just a minute.
Commissioner Teele: About how old is it?
Mr. Foeman: It's fairly recent. Within the last year or so, but I can tell you the exact date. I can check the
legislation.
Chairman Plummer: And the probably was, they couldn't get a quorum.
Commissioner Teele: How were the appointments made?
Chairman Plummer: By the Commission.
Commissioner Teele: Who's got the list of the appointments?
Mr. Foeman: We do. My office. I can provide you with that. I think, prior to this ordinance, the quorum
was four members, and Commissioner Plummer's ordinance seeks to change that.
Commissioner Teele: I would fully support it. But, Mr. Chairman, you know, the point here is this: We
have a lot of boards here. We probably have too many boards and we need to make sure that all of these
boards have a sunset date on them.
Chairman Plummer: We've done that, sir.
Commissioner Teele: What's the sunset date on this board?
Chairman Plummer: On all boards, we set a four-year — what item was that, Mr. Manager?
Mr. Foeman: The Code sets that out and it's...
Chairman Plummer: What item? We just voted on it.
Commissioner Teele: In any event, before Commissioner Sanchez leaves, I would second the motion or
whatever you want to do.
Chairman Plummer: All right. Call the roll. This is on an emergency basis, a four/fifths vote required.
Mr. Foeman: OK. Excuse me. The movant to this is who? The movant and the second?
60 October 26, 1999
Chairman Plummer: I did.
Mr. Foeman: OK.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS", AND
CHAPTER 22, ENTITLED "GARBAGE AND OTHER SOLID WASTE" TO
CREATE THE COMMERCIAL SOLID WASTE MANAGEMENT
ADVISORY COMMITTEE, SET FORTH SAID COMMITTEE'S FUNCTION
AND REQUIREMENTS FOR MEMBERSHIP, PROVIDE FOR TERMS OF
OFFICE, FILLING OF VACANCIES, OFFICERS, RULES OF PROCEDURE,
MEETINGS, QUORUMS, AND ATTENDANCE REQUIREMENTS,
ASSIGNMENT OF STAFF, FILING OF OFFICIAL RECORDS AND THE
ANNUAL REPORT, AND TO PROVIDE FOR THE "SUNSET" REVIEW OF
SAID COMMITTEE EVERY FOUR YEARS; MORE PARTICULARLY BY
AMENDING SECTION 2-892 AND BY ADDING NEW ARTICLE VII TO
CHAPTER 22 OF SAID CODE, CONSISTING OF SECTIONS 22-170
THROUGH 22-174; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Chairman Plummer 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: Chairman J. L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Whereupon the Commission on motion of, Chairman Plummer and seconded by Commissioner Teele,
adopted said ordinance by the following vote:
AYES: Chairman J. L. Plummer, Jr.
Vice Chairman Wifredo
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11849
61 October 26, 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 .
[COMMENTS MADE AFTER ROLL CALL]
Chairman Plummer: And I'm misunderstanding that there are two members yet to be appointed by who?
Mr. Warshaw: That's correct.
Chairman Plummer: Whose appointments are they? ,
Mr. Erdal Donmez: Erdal Donmez from Real Estate and Economic Development. Commissioner Sanchez
and Commissioner Regalado haven't appointed, you know, their...
Commissioner Teele: Who's my appointee?
Mr. Erdal Donmez: I believe Ernie Martin, sir.
Commissioner Teele: Who?
Mr. Donmez: Ernie Martin.
Chairman Plummer: Ernie Martin.
Commissioner Teele: You know, I would really like to look at this committee because I really do think
we're missing the mark. I mean, we still have not dealt with the Soyka problem. We still are running
around chasing our tails on the real issues relating to what is stopping the redevelopment of the Eastwood
Hoe and all of that, and that is the County, Water and Sewer and these other issues that we've got to deal
with. I mean, we've got to bring these issues into focus.
Chairman Plummer: OK.
29. REQUEST COOPERATION OF MIAMI-DADE . COUNTY SCHOOL BOARD IN THE
RELOCATION EFFORTS RELATED TO TENANTS OF MIANH LIMITED II HOUSING PROJECT -
APPROVE CITY'S REVISED ADNM41STRATIVE ''PLAN IN :CONNECTION WITH
IMPLEMENTATION AND ADMINISTRATION OF CITY'S SECTION 8 MODERATE
REHABILITATION PROGRAM' AND SECTION .8 MODERATE REHAB VOUCHER
REPLACEMENT PROGRAM; AUTHORIZE MANAGER TO SUBMIT PLAN, FOR REVIEW AND
APPROVAL BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (see section #
70)
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: It's 11:30 or 11:28 and I know that the children are restless. Mr. Chairman, I would
note for the record...
Chairman Plummer: You have the floor, sir.
62 October 26, 1999
Commissioner Teele: ...that we have approximately 50 persons here, plus or minus maybe 10, of persons
who have lived in Miami Limited and before anyone says anything, I would like to ask the management and
his director if you could give us an update? It has been widely reported in the press, but Mr. Manager —
ladies and gentlemen, ladies and gentlemen, ladies and gentlemen, we need to get everybody focused on this
agenda now because this is why everyone's here. If we could get your attention, please. But, Mr. Chairman.
I would note, for the record, that I have never seen a more responsible group of individuals. They have
come here patiently, four, five, six, seven times over the last 18 months. They have conducted themselves
in a most lady -like and gentleman -like fashion. The children, by and large, have been extremely
well -disciplined, and I wanted to say to each one of you again, we appreciate the way you have made
democracy and government work for you. You are, really a model. I also would like to say that I think the
going back and forth is very frustrating and it also underscores some of the structural problems with our
government. But, Mr. Manager, would you just give us a full update as to where we are on this? And
appreciate your patience, Mr. Manager.
Mr. Donald Warshaw (City Manager): Yes. I'm going to ask Ms. Warren to give the update. But you're
getting passed out to you copies of the letter to HUD, that I had faxed to you previously. So, we have good
news for all these residents.
Commissioner Teele: "When" is the only question.
Ms. Warren: Gwendolyn Warren, Director of Community Development. Commissioners, what we've
provided to you, per your instructions, is a copy of a letter sent to Art Martinez, the owner of Miami
Limited, II, notifying him, on October 18th, that the contract — HAP (Housing Assistance Program) contract
has been terminated with the City of Miami. It also cites the reasons for the termination and the time
frames.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, may I interrupt for a moment? I just want to
correct one thing. You said pursuant to the City Commission's instructions. The City Attorney and City
Manager reviewed all of the evidence that was presented, pursuant to the inspections, and we came to a
conclusion that these default letters needed to go out. It was not based on anything — any action taken by
the City Commission.
Ms. Warren: I stand corrected. The statement I was intending to...
Chairman Plummer: Can I stop you?
Ms. Warren: Yes.
Chairman Plummer: How does Item 18 relate?
Ms. Warren: This is the same information.
Chairman Plummer: But that is a City Commission action, correct?
Ms. Warren: What I failed to say is that the Commission instructed that, once the City Manager and City
Attorney had determined that there was a contract violation, that the Commission be formally informed of
the outcome and, so, per your instructions, we're informing you publicly of the outcome.
Chairman Plummer: OK. My question was, when the comment was made that there's no City Commission
63 October 26, 1999
action required, I'm looking at 18 and I think there's no question we've got to act on that.
Ms. Warren: Item 18, it does require Commission action, and what is required in Item 18 is that. in order
for us to administer a voucher program, we must modify our administrative plan with HUD (Department of
Housing and Urban Development), that would have our administrative plan, include — be expanded to
include a voucher program and also updated, based on the new Federal regulations, and that is a requirement
in order for the City to enter into a voucher program, and that does take Commission action.
Chairman Plummer: Thank you.
Commissioner Teele: But the City Attorney is basically discussing the underlying facts, which we have
made no determination of. We merely gave the Manager the full authority, once he made a determination.
to act without the necessity of coming back to us and seek our concurrence. And, so, we're being advised
now of the Manager and the Attorney's joint determination. Is that a fair statement?
Mr. Vilarello: That's correct. And, of course, any other items, including item number 18, will be brought to
your attention, as necessary, for Commission action.
Commissioner Teele: The effect of the cancellation of the contract is really the issue here. What happens to
the people? How many people are living there? How many families and how many people?
Ms. Warren: Currently, there are 109 families who are residing in the buildings that are identified in the
contract.
Commissioner Teele: And about how many people?
Vice Chairman Gort: Three per family.
Commissioner Teele: Where is Tonya?
Ms. Warren: Approximately, 400.
Commissioner Teele: Approximately, 400?
Ms. Warren: Yes.
Commissioner Teele: Commissioner Gort was saying three per family. I was asking where one person was.
I know...
Chairman Plummer: He knows better. He's a good Catholic boy.
Vice Chairman Gort: I have six in my family. I'm above that.
Commissioner Teele: OK. So, we're saying an average of four persons per household?
Ms. Warren: Correct.
Commissioner Teele: All right. And what happens...
Chairman Plummer: All right. Commissioner Teele, what do you want to do?
64 October 26, 1999
Commissioner Teele: Would you proceed? Because the real issue here is the timetable.
Chairman Plummer: That's right. The sooner the better.
Ms. Warren: Also, staff, one, we're notifying you of what the actions were of the administration and the
City Attorney, and that the contract has been terminated. The residents have been notified of that
termination. We're also, currently, in the -process of completing a contract with an organization called Hope.
Their responsibilities will be to assist in the relocation effort. We've identified four major steps that will be
involved in the relocation process. First, per HUD requirements, because we're going from a HAP to a
voucher program, all of the residents who will be moving out will have to be recertified. The recertification
will, basically, determine the amount of HAP assistance and the open market we can pay and some other
issues.
Commissioner Teele: How long will that take?
Ms. Warren: Staff is currently — the letters went to the residents this morning; the appointments for
recertification are set for next week, starting Monday through Tuesday — Thursday. We will do evenings
and, also, there will be a mobile onsite.
Commissioner Teele: But the question is, about how long will the recertification...
Ms. Warren: I'm sorry. He said Thursday and Friday. The recertification process, given if the residents
bring the information provided, should take approximately an hour.
Commissioner Teele: So, it will be completed within a week?
Ms. Warren: Yes.
Commissioner Teele: OK. And what's the next step. So, within a week, if the residents cooperate — and
they've got to give you information?
Ms. Warren: Absolutely.
Commissioner Teele: Could you just put on the record, essentially, what the information is that's usually
not available?
Ms. Warren: OK. I have that here.
Chairman Plummer: OK.
Ms. Warren: The information that we're going to need is current proof of income, which would be,
basically, any tanif receipts, employment receipts or social security letters or an affidavit saying that a
person is not employed. They'll have to sign that, or give us proof of family income.
Commissioner Teele: Is there a form affidavit made available?
Ms. Warren: Yes, there will be.
Commissioner Teele: There's a form affidavit available?
65 October 26, 1999
Ms. Warren: Yes.
Commissioner Teele: OK. So, everybody's got the form affidavit that's not...
Ms. Warren: But what people need to bring — since — I'm sorry. Hold on. What people need to bring is
proof of their 'tanif benefits, so the last check you received or AFDC (Aid to Families with Dependent
Children) statement that you got last month is, literally, all you need. And if you don't have that, then, we'll
do the affidavit. But that's the easiest way to do it.
Commissioner Teele: OK.
Ms. Warren: The second thing is proof of the household composition. In other words, we need proof of the
individuals who are going to be living under the voucher. So, that would be a birth certificate and a social
security card for all of the household members who make that household eligible. The next thing is a
picture ID (Identification).
Commissioner Teele: What about the school board registration for the children? See, sometimes you'll
have a child — you know how Black Africans have always taken care of the village, and a lot of times you'll
have a nephew living with an aunt and they're going to school there. And how did we accommodate those?
Ms. Warren: Well, that — there are some other issues that are involved but, again, what we need for each
individual is a birth certificate or a social security card. The picture — then we need picture ID. That's a
driver's license or any other government -issued ID, physical ID. Picture. The last one...
Commissioner Teele: Do we have the facilities —. I know in the County, the County's Correction
Department will come out and make pictures. We did it for everybody who was getting a green card. Can
we give the same courtesy to the...
Ms. Warren: If our residents do not have a picture ID, we can make arrangement to take them to get one
Commissioner Teele: OK.
Vice Chairman Gort: Communications Department can do that.
Ms. Warren: And the last one is...
Commissioner Teele: Does our Communications Department — are they supporting you in this?
Ms. Warren: Well, we're — they're not an official issuer of ID, so we would have to take them to get an 1D.
Commissioner Teele: I got one down at Gort's Photo Studio I.
Vice Chairman Gort: Then, it should be official.
Ms. Warren: Well, you're not supposed to do that. The last one is proof of U.S. citizenship or legal
immigration status and, again, we'll be looking for a passport, birth certificate, which would also cover that,
naturalization papers, etcetera.
Commissioner Teele: So, essentially, a birth certificate?
66 October 26, 1999
Ms. Warren: A birth certificate.
Commissioner Teele: In lieu of a birth certificate, what else would you accept?
Ms. Warren: Passport paperwork from the Immigration Department regarding your status.
Commissioner Teele: About how many of these fine people do you think need immigration papers?
Ms. Warren: Probably none, but that's not the issue.
Commissioner Teele: How many of them do you really think have passports? So, I mean, the point is this...
Ms. Warren: All of them are required to have a birth certificate, so...
Commissioner Teele: But other than a birth certificate, what you will accept? That's the question.
Ms. Warren: Is there anything else? No.
Commissioner Teele: Is there anybody that doesn't have a birth certificate here or can't get a birth
certificate? OK, fine.
Ms. Warren: Everybody has a birth certificate. And, again, these are the same items that have been used in
your regular HAP voucher certification process. So, you just need to bring your...
Commissioner Teele: So, once all that's done, Ms. Warren, what then happens?
Ms. Warren: The next step is that, based on first -in, first -out, which is the way we decided that it would be
the most equitable...
Commissioner Teele: Oh, I thought you said you were going to do it on the size of the family. That's what
you announced before.
Ms. Warren: We determined...
Commissioner Teele: I think first -in, first -out is preferrable.
Ms. Warren: We decided it was preferrable for a lot of reasons. And for those individuals who have been
there the longest, we're going to go in by your move -in date.
Commissioner Teele: Do we require anything from the Federal Government that we don't have now?
Ms. Warren: No.
Commissioner Teele: So, right now...
Ms. Warren: We require — everything, at this point, is contingent upon our residents. So, there is the
certification process; then there will be an orientation; then we will start looking — there's a whole process
by which we have to get the leases agreed to with landlords and also signed off on.
67 . October 26, 1999
Commissioner Teele: Ms. Warren, now, there was a big issue of the first payment, last payment and
moving expenses. Do we have a solution for that?
Ms. Warren: We have identified a solution.
Commissioner Teele:. OK. And, so, that's not going to be a problem. Now, I don't mean to push the
envelope here, but could you get Mr. Hepburn and the people to try to work — because Ms. — several people
have come to me and said, what they really like to do is buy a house. And what I think it is, is that if we can
find houses that are for lease and, then, ask them to give the person an option to buy the house, after going
into the lease, when the voucher expires — I think there's some room for some real creative activity there.
And we could get a form that would encourage people to give the residents the option, at the end of the
lease, to purchase. And that, of course, would be a part of our ongoing — don't we have a requirement now
to do a thousand houses?
Ms. Warren: Yes, we do.
Commissioner Teele: So, that could be a part of how we meet some of that. Are there any other issues that
— what's the bottom line? When should all of these persons and families be moved, realistically?
Ms. Warren: Again, there are some — there are several issues. Not only do we have to do the certification,
but we also have to identify housing that meets the housing quality standards of HUD.
Commissioner Teele: But, Ms. Warren...
Ms. Warren: I'm trying to just go through this very briefly.
Commissioner Teele: But I just want to make one point. One of the whole issues of the voucher is, it gets
the government a little bit out of that and, so, what — the voucher program, they have to be certified, the
houses themselves have to be certified, or the units. But identifying them under the whole Jack Kemp, if
you'll allow me just a partisan reference here, of creating this program was that each one of these people
need to be out there now looking to find an...
Ms. Warren: Oh, absolutely.
Commissioner Teele: ...appropriate Section 8 house that you want, not what government wants you to have.
Because the whole — hold it, hold it, hold it (applause). The whole concept of this is to let them go out and
if some of them want to move to Homestead, some people want to move — now, it's limited to Dade County,
is it not?
Ms. Warren: No, it is not. And it's very important to note that one of the concerns that we do have...
Commissioner Teele: We shouldn't let them — anybody move to Broward County. We need all of our good
residents to stay here. Somebody getting upset. I'm only joking. Go ahead, ma'am.
Ms. Warren: But one of my — one of the concerns I would like to list with you, Commissioner, is the fact
that of qualified housing, a shortage does exist and, so, residents are going to have to look at the possible
option of living outside of the City of Miami. It is absolutely true that we need for you to be out there
assisting us in finding a location and, in order to do that the right way, to save time, it's imperative that you
go to the orientations because certain houses do not qualify, and it's important that you have enough
information so you can get out there and be your best advocate. The other portion of this...
68 October 26, 1999
Commissioner Teele: Ms. Warren, make that point again. If the housing doesn't qualify, you cannot use the
voucher?
Ms. Warren: Period.
Commissioner Teele: If the — if there's no exceptions?
Ms. Warren: No.
Commissioner Teele: No waivers? If it doesn't qualify, you can't — and you need — what kind of document
would they have if it qualifies?
Ms. Warren: When they go to orientation — there's going to be given information on — of course, obviously,
everybody knows what their family size is and it's going to be the number of rooms; they'll be certain
structural issues, location issues, especially for children. And, so, all of that information will be provided.
There will be a slew of individuals who will be assisting and making sure — we have a list of qualified
landlords, but it's important that you'll not go out and identify a facility without knowing if it meets the
qualifications. The second part — third part of this is that there has to be an authorized lease, OK? It has to
be authorized; it has to be signed; it has to be reviewed, and that is the third piece. And once that's done,
then, it's obviously the relocation. And, Commissioner, to answer your question — to answer the question
that nobody likes to hear. We're looking at 30 to 60 — 60 to 90 days to get everybody out, based on the track
record of other agencies have done a federal relocation of this many individuals. And we'll start with those
families in first.
Commissioner Teele: How long do you think the first families will be able to move out, if everything goes
right?
Ms. Warren: Fifteen days, if everybody works with us.
Commissioner Teele: So, in a large way, it's going to depend on whether or not everybody stops talking and
goes to work now and gets all of the documentation and the form that you need?
Ms. Warren: Yeah. You can't move on to step two without doing — you've got to get certified. You've got
to come to the orientation. We've got to get a lease signed. You know, we've got to schedule you with the
mover, and it's got to happen in that order.
Commissioner Teele: Commissioner Gort...
Ms. Warren: Nothing else can happen.
Commissioner Teele: ...has had a question and, Commissioner, before you do, I just would like for you to
answer one thing, Ms. Warren. There are a number of previous residents that moved out within the last, let's
say, 90 days or 180 days. Are they qualified under this program?
Ms. Warren: We have received — we have written — based on your inquiry and assistance, we have
contacted HUD. They have basically told us that only those residents who had a lease and was occupying
the apartment at the time that the unit was terminated out of the contract are eligible for relocation
assistance.
69 October 26, 1999
Commissioner Teele: So, the Federal HUD determination is — the Federal Government is saying, only those
persons who were living in the unit on — what day did you advise them?
Ms. Warren: October 18th.
Commissioner Teele: On October 18. If you moved out on October 17th, you would not be qualified?
Ms. Warren: This is correct. And, again, Commissioner...
Commissioner Teele: But we're going to review...
Ms. Warren: Thank you.
Commissioner Teele: We're going to seek an appeal of that.
Ms. Warren: Individual cases.
Commissioner Teele: But, to date, the only people that are qualified are the people that — the families that
are living there on October 18th?
Ms. Warren: Correct.
Commissioner Teele: Commissioner Gort, I apologize.
Vice Chairman Gort: No. My questions later. Since we're going to make some amendments to the Section
8 with HUD, one of the thing I would' like to see, that I've talked to a lot of the nonprofit that are going into
the building, if finance allow it, there's a program where you can do rental with an option to buy, and I think
they can do that after a certain amount of time. And I think that would be very important if we can
incorporate it that. So, when we talked about 75/25 of the funding, 75 for home ownership and 25 for
rental, maybe that renal — that could be worked into it.
Ms. Warren: You did — the Commission did pass that policy, and all of the Section 8 Housing residents will
be priority for our new homeownership program, and this is just a phase of getting them some place safe, so
we can start.
Chairman Plummer: Commissioner Teele, you have the floor.
Commissioner Teele: Commissioner, I would like to see if Mr. Variety or Ms. James would like to make
any comments and, then, I would like to move Item Number 18 or any other companion item that the
management would instruct us or advise us that need to be acted upon. Item 18 is the only item?
Ms. Warren: Yes, sir.
Chairman Plummer: Item 18.
Commissioner Teele: Ms. James, Mr. Variety.
Mr. Lee Variety: Yes, sir.
Commissioner Teele: Your name and address for the record.
70 October 26, 1999
Mr. Variety: Good morning. I'm speaking on behalf of the residents, 1370 and the series of buildings in
that area. I'm Evangilst Lee Variety. And what I would like is that we — myself and Mr. Hardemon, who
has walked this process along, would be able to work hand in hand with the staff, with Mrs. Warren, and
also to be able to make suggestions that are pertinent to the issues that the residents are concerned about,
and keeping you abreast of what's going on, as the steps take place. I would also like to take the position of
being able to consult in this issue, in terms of bringing about the expediency of moving this along in a time
frame that could be a little bit ahead of what has been done in the past. Because I don't think they're as good
as us, for one. And for two, I think that, as life goes on, we should — not to say that in a negative sense.
What I'm saying, we should all be working to do better. You know what I'm saying? Now, in reference to
that, we should be able to expediat this issue, and I believe that is possible. That's all I'm saying. Not to say
anything negative about anyone, but let's try to do better. Because I think that we can. If we make the
effort, there should be no reason why we should not be able to do so.
Commissioner Teele: Mr. Variety, I know that the management — this is a public process. The orientations,
which will be the critical point, you'll be certainly afforded the opportunity to make any comments at the
end of that, along with anyone else that's there. And, madam, to the extent that we can do notice, you know,
of the orientations in the newspaper or on radio or whatever, you know, for these people — I mean, for the
residents there, it would be very helpful. But I think it should be a very public process and I think everyone
that wants to make input should be allowed to. Ms. Warren, did you...
Ms. Warren: Yes, sir. And on that point, for the residents who are here, and since we're on NET 9, the first
orientation, the letters went out today, both certified and hand -delivered. The orientation classes for the
certified persons will be November 3rd and 4th at six p.m...
Commissioner Teele: Where?
Ms. Warren: North substation, roll call room.
Commissioner Teele: OK. That will be the Miami Police substation...
Chairman Plummer: Sixty-second Street.
Commissioner Teele: ...there on 62nd and about — what is that, about 8th Avenue?
Chairman Plummer: Tenth Avenue.
Commissioner Teele: Tenth Avenue. And at 6 o'clock.
Ms. Warren: Six o'clock. And that is for those persons who have been certified at that point. There's also
one for November the 8th at 1 Oa.m. and 6p.m., same location. The class sizes will be for 30 individuals at a
time.
Mr. Variety: Mrs. Warren?
Ms. Warren: Yes, sir.
Mr. Variety: Is it possible that you can assist the residents in any type of transportation needs or — you
know, to help to expedite the issue...
71 October 26, 1999
Ms. Warren: It's three blocks.
Mr. Variety: ...because we don't know what they have and I think that, if it is possible, it would be a great
help to them.
Ms. Warren: Again, if anybody has any special needs, CD Mac or the CD Mobile is right there at the
facility. If you need assistance getting there or any special need requirements, staff will accommodate you.
So, just go across the street.
Commissioner Teele: Now, but we're talking about three blocks. So, I mean, let's...
Ms. Warren: Well, again, if somebody has a physical handicap..:
Commissioner Teele: Let's don't — I mean, if you...
Chairman Plummer: Be a good walk.
Commissioner Teele: If anybody needs help, the staff — City staff, the City — I'm sure even the City Police
would help somebody that's handicapped or whatever, as required. My staff will be there and we'll drive
you, as you know, but let's stay focused in on trying to get this. And what she's saying now, these are for the
people that have...
Ms. Warren: 'Been certified.
Commissioner Teele: That have been certified. That means...
Ms. Warren: No certi...
Commissioner Teele: ... getting your information in early, complete, is the whole ball game. Now, one point
that's very important. A lot of these children are in schools. Are we coordinating with the school board?
Ms. Warren: Yes.
Commissioner Teele: And are we getting good cooperation from the school board?
Ms. Warren: Yes, absolutely.
Commissioner Teele: I would ask that the City Attorney prepare for me a pocket item that simply resolves
that we have this situation, and we bring it to the matter of the school board, asking for their full cooperation
and...
Chairman Plummer: Moved by Commissioner Teele. Seconded by Commissioner Gort, that it be
forwarded immediately to the school board. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
72 October 26, 1999
The following motion was introduced by Commissioner, who moved its adoption:
MOTION NO.99-805
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE A
RESOLUTION REQUESTING THE FULL COOPERATION OF THE
NIIAMI-DADS COUNTY SCHOOL BOARD IN THE RELOCATION
EFFORTS RELATED TO TENANTS OF THE MIANII LIMITED II
HOUSING PROJECT, ASSURING THE MAXIMUM COORDINATION
OF THE SCHOOL EXPERIENCE FOR THOSE CHILDREN OF SAID
TENANTS WHO ARE TO BE EITHER RELOCATED AND/OR
TRANSFERRED.
[Note: This motion was later formalized as Resolution 99-833.1
Upon being seconded by Commissioner, 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.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Teele: All right. Ms. James, did you have anything? Ma'am, would you just step up?
know you were — you've moved out. Give us your name and address for the record very quickly, please.
Chairman Plummer: Paul Bunyan.
Commissioner Teele: Just go right ahead.
Ms. Marilyn Williams: Hi. My name is Marilyn Williams. I'm a former resident of the 1501 Building and
59th Street. On behalf of the current residents, they did want to say thank you for all the hard work. But
what I had a question about was, I "have a letter, the same letter that you represented about HUD, which I
feel was unfairly done because, for the record, of what it hits the Commission office. That was May 28,
1998. We have fought this since '97, which a lot of previous residents was there. So, how come they can't
help the ones from when it went on record, even though they moved out? Some moved out because of the
condition of the apartment, which they turned around and moved newer residents in the same conditions that
we left out on? So, how come we wouldn't be eligible or could something be done to help the previous
residents? Because some are still displaced, even though they gave up they home there.
Ms. Warren: As the Commissioners indicated, this was a ruling by HUD, but we are going to appeal on an
individual case. I have talked to you and yours will be one of the ones that we would, again, ask them to
reconsider on an individual basis.
Ms. Williams: OK.
73 October 26, 1999
Ms. Warren: Along with — as well as anybody else who contacts us and could provide us a good rational.
But I don't...
Commissioner Teele: The priority, however, is going to have to rest with the people that are there now...
Ms. Warren: That is where we'll start.
Commissioner Teele: ...in processing them and, then, after this is all over, anybody who wants to come up
that was there for the last year or two years when this started, I'll be willing to sponsor some legislation to
ask that it be reopened at the federal level.
Ms. Williams: Right. I know they're working with the CORE residents now. But, you know, would the
previous residents, that did fight, be left out? That's the situation I don't want to be happening.
Commissioner Teele: What I'm saying is that, once we move everybody out in Jan — in December or so, I'll
have a public hearing here —I'll ask the Manager to give us — and any former resident can come and present
their petition, and we will — I will ask the Commission to consider asking the Federal Government to reopen
it, as it relates to any person that was there over the last 18 months. But there's got to be an ending point to
this.
Ms. Williams: OK.
Commissioner Teele: OK.
Ms. Williams: I'll be patient.
Commissioner Teele: Thank you.
Ms. Williams: Thank you.
Commissioner Teele: Thank you, ma'am. Thank you for coming.
Ms. Teresa James: Hi.
Chairman Plummer: Your name and mailing address, please.
Commissioner Teele: You name, please.
Ms. James: My name is Teresa James and I represent all the buildings in Miami Limited. We conclude that
we'd like to thank each and everybody for helping us in understanding the situation that we have been
through for almost a decade. I'd like to congratulate all the women from the building, congratulate you, and
move you to a better, new life to start for your family. God bless all y'all.
Commissioner Teele: Thank you very, very much.
Ms. James: This the last time y'all will see me now.
Commissioner Teele: We rarely get a thank you, so you don't know what that means to the Commission.
Mr. Chairman, with your permission, I would like to bring up number — Item 18 and ask the management to
explain it.
74 October 26, 1999
Chairman Plummer: You have the floor.
Commissioner Teele: Ms. Warren or Mr. Manager, would you explain Item 18 and what it is you're
seeking?
Ms. Warren: Again, under our current Administrative Plan with HUD, it only includes the City operations
of a HAP program: In that, this new action is now requiring that we operate a voucher program. The City
has been advised that we need to amend our Administrative Plan, not only to be able to provide vouchers,
but to incorporate other federal changes that became effective October 1, and that requires the action of this
Commission.
Chairman Plummer: All right.
Commissioner Teele: I would so move that, Mr. Chairman.
Chairman Plummer: Moved by Mr. Teele, Item 18.
Vice Chairman Gort:- Second.
Chairman Plummer: Seconded by Gort.
Commissioner Teele: With a further proviso, asking that the management come forward with a plan to do
an in-house and a plan to do it by contract.
Chairman Plummer: OK. Motion understood? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous..
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-806
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION APPROVING THE CITY OF MIAMI'S REVISED
ADMINISTRATIVE PLAN IN CONNECTION WITH THE
IMPLEMENTATION AND ADMINISTRATION OF ITS SECTION 8
MODERATE REHABILITATION PROGRAM AND SECTION 8
MODERATE REHABILITATION VOUCHER REPLACEMENT
PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT
THE ATTACHED ADMINISTRATIVE PLAN, ATTACHED HERETO
AND MADE A PART HEREOF, FOR REVIEW AND APPROVAL BY
THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND TO EXECUTE ANY AND ALL
DOCUMENTS AND AGREEMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO'CARRY OUT THE TERMS AND
CONDITIONS OF THE AFOREMENTIONED PROGRAMS.
75 October 26, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
30. RATIFY, APPROVE, CONFIRM MANAGER'S ACTION IN EXECUTING AMENDMENT
NO. 5 TO MANAGEMENT AGREEMENT, WITH LATIN AMERICAN GOURMET
RESTAURANT, INC., WHICH PROVIDED FOR:
(1) THE REINSTATEMENT OF THE MANAGEMENT AGREEMENT,
(2) EXTENSION OF TIME FOR OPENING OF CONCESSION AREA AT PAUL WALKER PARK,
LOCATED AT 46 WEST FLAGLER STREET,
(3) CITY'S RETENTION OF $100,000 PROCEEDS RECEIVED UNDER LETTER OF CREDIT
UNTIL THE COMPLETION OF THE CONSTRUCTION OF THE CONCESSION AREA;
(4) RETURN OF $40,000 TO MANAGEMENT, WITH THE REMAINING $60,000 PLUS INTEREST
TO BE RETAINED BY THE CITY, IN THE EVENT CONCESSION AREA IS OPEN FOR BUSINESS
ON OR BEFORE MARCH 31. 2000;
(5) CITY'S RETENTION OF $100.000 AND ALL INTEREST ACCRUED IN THE EVENT
CONSTRUCTION IS NOT COMPLETED AND CONCESSION AREA IS NOT OPEN FOR
BUSINESS ON OR BEFORE MARCH 31, 2000.
Chairman Plummer: We're now on Item 16, the last item of the morning.
Commissioner Teele: What's Item 16?
Chairman Plummer: Item 16 is the American Gourmet Restaurant at Paul Walker Park. The Administration
wish to make a comment?
Ms. Laura Billberry (Director, Asset Management): I can tell you what the item is. The item before you is
ratifying the Manager's action for execution amendment number five. The last time the...
Commissioner Teele: I would so move, Mr. Chairman.
Chairman Plummer: Mr. Teele, that's only one portion of it. I think, if you want, I'll take that individually,
but that's only one portion of the request.
Commissioner Teele: I thought we were ratifying this action.
Chairman Plummer: We are, but there's other matters to come forth. You want to ratify the action?
Commissioner Teele: Is there an objection to ratifying the Manager's action?
76 October 26, 1999
Commissioner Sanchez: No.
Chairman Plummer: All right. Mr. Teele moves Item 16, in ratifying...
Commissioner Sanchez: Second.
Chairman Plummer: Mr. Sanchez seconds. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Teele, who moved its adoption, introduced the following resolution:
RESOLUTION NO. 99-807
A RESOLUTION OF THE NIIANII CITY ' COMMISSION
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S ACTION IN EXECUTING AMENDMENT NO. 5
TO THE MANAGEMENT AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH LATIN AMERICAN GOURMET
RESTAURANT, INC., ("MANAGEMENT") WHICH PROVIDED
FOR: 1)' THE REINSTATEMENT OF THE MANAGEMENT
AGREEMENT, DATED MAY 29, 1992, AS AMENDED (THE
"AMENDED AGREEMENT"); 2) AN EXTENSION OF TIME FOR
THE OPENING OF THE CONCESSION AREA AT PAUL WALKER
PARK, LOCATED AT 46 WEST FLAGLER STREET, TO MARCH
31, 2000; 3) 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 THE CONCESSION AREA; 4) THE RETURN
OF $40,000 TO MANAGEMENT, WITH THE REMAINING $60,000
PLUS INTEREST TO BE RETAINED BY THE CITY, IN THE
EVENT THE CONCESSION AREA IS OPEN FOR BUSINESS ON OR
BEFORE MARCH 31, 2000; 5) THE CITY'S RETENTION OF THE
ENTIRE $100,000 AND ALL INTEREST ACCRUED IN THE EVENT
THE CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPEN FOR BUSINESS ON OR
BEFORE MARCH 31, 2000.
77 October 26, 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
Chairman Plummer: All right. Now, let gets to the meat of the subject.
Ms. Billberry: I think...
Chairman Plummer: Well — OK. It's here because I raised holy hell and I'm going to raise the questions. I
think it is totally unfair — my father always taught me, when 1 make.a mistake, I pay for it. When you make
a mistake, you pay for it. These people and I went there Sunday and took time to go there and I personally
visited the spot.
Commissioner Teele: Did you eat?
Chairman Plummer: No, sir, there's nothing there to eat. Concrete, if you want. These people played by the
rules. These people got all of their things approved by the City. When they — after getting all of the
approvals, they wind up going and being told, at the very last minute, "nope, the City has changed its mind
and you can't do what you got approved; that you've got to put in roughly a hundred and fifty thousand
dollars ($150,000) sprinkler system." Now, I think that is totally unfair. Had you told them that from the
inception and from the beginning, they've got to live by it and that's it. But after the fact, I want to tell you
something, I think it's — personally, it's totally unfair. Now, y'all can make your side and you can make your
side, but I'm giving you my side.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: This is a unique problem. It happens in every government. I saw it a hundred times.
Chairman Plummer: I've seen it before.
Commissioner Teele: The problem is that we've got to pass some ordinance that basically limits the
company, that is, the management. When you have these pre -inspections, you can't change it dramatically.
You know, it's not fair. And I can tell you what's going to happen. What you're going to have is different
people doing inspections, but it's one guy writing all the checks. And I don't even know what the issue is, but
the problem is always the rules change as you go along. Now, there's one thing about the ordinances
changing or the standards changing. You can't grandfather that in. But if the ordinance is the same, the
City, the Water Department, the Sewer Department, the Public Works Department, the Fire Department, the
78 October 26, 1999
Building and Zoning, everybody ought to have one shot at this thing, and we're not going to be serious with
this one -shopping and moving and making this more friendly until we, basically, say to the management.
you can't change it. Once you do it, you've got to certify it and it's up to the owner — and once you do that.
that's the end of it. But you can't have one guy saying, "it's too high." Another guy saying, "it's too low."
And somebody else saying, "Move it to the right." And I don't even know what the issue is, but I can tell
you what this is going to wind up being.
Chairman Plummer: All Right. Let's hear from the Administration, briefly, and then we'll hear from the
other side, and let's try to come to a conclusion.
Mr. Carlos Gimenez (Chief of Fire): The issue on this particular piece of property...
Chairman Plummer: Carlos Gimenez.
Mr. Gimenez: Carlos Giminez, Fire Chief, City of Miami.
Chairman Plummer: The last time I checked, was still the Fire Chief.
Mr. Gimenez: Yes, sir. The issue with this piece of property, as far as I understand it, is that the Fire
Department required that, once they put a mezzanine, things changed in the occupancy and they needed to
put a sprinkler system or a secondary means of egress. We tried to work with this particular — these people,
trying to, work out something of a compromise, but there's really no way around it. They either have to
sprinkler the whole building or they're going to have to find a secondary means of egress.
Chairman Plummer: Let me ask a question. Did they come to the City for the mezzanine and get it
approved?
Ms. Lucia Dougherty: The mezzanine was in the plans.
Chairman Plummer: Excuse me. Do you work for the City?
Ms. Dougherty: No, sir.
Chairman Plummer: Thank you.
Mr. Gimenez: I think that some things happened, where there was a — they've gone from one contract or
one architect to another.
Chairman Plummer: Excuse me. Chief, I asked a very simple question and I think that it can be a yes or no
answer.
Commissioner Teele: Oh, I don't know.
Chairman Plummer: Did they bring the mezzanine for approval by the City prior? Yes or no?
Ms. Gimenez: I don't know.
Chairman Plummer: That's a smart answer. Now, does anybody have the answer?
Mr.. Gimenez: We can find out for you.
79 October 26, 1999
Chairman Plummer: OK. You know, do you understand my point?
Mr. Donald Warshaw (City Manager): We know the answer.
Chairman Plummer: Oh, we know the answer? Oh, OK. Fine.
Mr. Frank Rollason (Director, Building & Zoning): The answer is yes.
Chairman Plummer: They did get it approved?
Mr. Rollason: Yes.
Chairman Plummer: See, that's my point.
Commissioner Teele: Well, you know what?
Chairman Plummer: Excuse me. Whoa! For the record. Last time I checked....
Mr. Rollason: Frank Rollason.
Chairman Plummer: ...you were still head of Building and Zoning Department head?
Mr. Rollason: Yes, sir.
Chairman Plummer: Mr. Rollason, thank you.
Commissioner Teele: Mr. Rollason, before you leave, would you give some thought — you have experience
in working with the Fire Department. Would you give some thought to coming back to us and giving some
recommendations on an ordinance that we can pass that permits the kinds of changes — if the plans change,
it's a new ball game. I think everybody understands that. If an ordinance changed or the State law changes,
it's a new ball game. But, you know, we should not have government by individuals and personalities and
one person saying this and one person saying that. And I'm very serious.
Mr. Rollason: Listen, I agree. And I think, in all fairness, what everybody that's sitting here that
understands how the process works, people understand where the responsibility lies to comply with the
codes. It does not lie with the City of'Miami to comply with the Code. It lies with the owner. And if we
miss something and it is found later, we are not going to omit it because we missed something. That's the
process. Now, whether they have any recourse from that, that we missed something, that may be and that's a
decision that they can make. But the fact remains that, once we find it, we're going to pursue. it and we're
going to bring it into Code, and it's really no different than when we find something out on the street that's
been approved years ago.
Commissioner Teele: That's half of it, Mr. Rollason. What curative action are we, the City, taking?
Because we're responsible, too. And the point is, is that Pm not talking about he can go down and file a
lawsuit. But if we have a process that has deficiencies in it, then we need to figure out what are the
solutions. And every time there is a Code deficiency that's missed, then maybe it should be reported, in
writing, to the Manager and to the Commission or to the Mayor and maybe the person should be required to
write an answer or an explanation to the department head. And maybe, you know, that person or whoever
those persons are, should be — but the point is this, it's not just that simple. It's not, "well, tough luck. That's
80 October 26, 1999
the way it is in America." It doesn't have to be that way. And we have an obligation to look behind what
you're saying because we agree with what you're saying, but we don't need to keep a person or a defect in
the system to repeat itself time and time and time again.
Mr. Rollason: I agree with that.
Chairman Plummer: Mr. Manager, look, you know what my problem is, I guess? They had three change
orders, as I understand it. They went almost double the amount of money they anticipated from the
beginning to spend. Now, they're under a time frame to finish, which we gave them the extension of time.
Mr. Warshaw: Yes, we did.
Chairman Plummer: That if they don't have a hundred and fifty thousand dollars ($150,000) to do this
sprinklers, which the City is now requiring, they're going to lose their hundred thousand dollars ($100,000).
They're not going to have the money to finish their project. They're going to go into defunct. It's going to
go into a lawsuit, and we're going to come out the loser big time. Now, Mr. Manager, I would hope you
could say to this Commission that you feel that there's some way that a compromise, without — and let me
make it extremely clear, not compromising safety. I would never vote for that, all right? But I think there's
got to be some way that this City can say, "Hey, we acknowledge that it's partially our fault and that we, the
City, want to work with you and do what we can to try to make amends for what's happening." Now, if we
can do that and you can come back this afternoon, through all of this high, intelligent people that we have
here, that's where we ought to go. And if not, then — Ms. Dougherty.
Ms. Dougherty: Yes, sir. I think that we can propose a solution for it, because you're holding a hundred
thousand dollars ($100,000) of our money.
Chairman Plummer: Why didn't you tell me to shut up in the beginning? Go ahead.
Ms. Dougherty: Lucia Dougherty, representing Lazaro Albo and Peter Amaro, who are both here today. As
you know, this is a revocable permit on the park property and you — initially, this property was going to be a
four hundred thousand dollars ($400,000) building. It's actually up to a million two. You held back a
hundred thousand dollars ($100,000) of our money; sixty thousand dollars ($60,000) was for delays and you
were to return forty thousand dollars ($40,000) if we opened July the 1 st. We were about to open July the
l st. That's the first time we found out about the new requirements for the sprinklers and the dollar
(phonetic) system. We are willing to go ahead and do that work. Wet want to do that work because we
agree with the Fire Department that it should be done for a safety issue, but we would ask you to return our
hundred thousand dollars ($100,000) to us, so that we can apply that to the sprinkler system. We will open
on time.
Chairman Plummer: Mr. Manager?
Ms. Dougherty: We would also like a couple of other things.
Chairman Plummer: All Right. We will see you this afternoon. The Manager asked for time to think about
it and I would suggest that, before you leave, you go to him now and make sure he understands everything
you're saying. It may be a compromise that could work or not, but we'll find out.
Ms. Dougherty: Thank you.
Chairman Plummer: We'll be back in meeting at 1:30.
81 October 26, 1999
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:07 PM AND RECONVENED
AT 1:34 PM WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,_
EXCEPT COMMISSIONERS SANCHEZ, REGALADO, AND TEELE.
31. PRESENTATION BY CORAL WAY NET.SERVICE CENTER.
Chairman Plummer: Mr. Clerk, would you see if we have, at least, two others in the building that we can
get started? All four of my colleagues have indicated they would like to get out as early as possible and
that's why I said we would start back at 1:30 and, in fact, we will take up the NET (Neighborhood
Enhancement Team) Office. Which NET office is it? Coral Way NET Office at 1:45. For that, we don't
need a quorum. One thirty, if we had some pocket items we could handle. You can look up on the board
and see the items that have not been handled in the morning, which are basically Item 16, 19, 20, 22, 28, 29,
31, 33, 34, 35 and 36. Where are all the people who wanted to get out of here early? Yeah, that's about the
only one. Do we have a third in the building? Ok. I'll tell you what we're going to do. You're ready? Is the
TV (Television) on? Is everybody here from — which NET Office? Coral Way. Is the TV on? Mr. Clerk?
Mr. Walter Foeman (City Clerk): We're checking.
Chairman Plummer: Is the TV on?
Mr. Foeman: Yes.
Chairman Plummer: It is on? OK. Coral Way NET (Neighborhood Enhancement Team), you're on.
Mr. Tony Wagner: Some of our people are not here because we were, originally, told that it was going to be
here at 2:30, so they're on their way. Do you still want to go ahead or do you want us to wait a few minutes?
Chairman Plummer: Proceed.
Mr. Wagner: All right. That will be fine...
Chairman Plummer: They can watch it on television or we get them a copy of it.
Mr. Wagner: Well, we've got some community activists that are coming, but that's fine. Maybe you can
talk to them afterwards.
Chairman Plummer: Go ahead.
Mr. Wagner: Are we ready?
Chairman Plummer: But he said they were invited to be here at 2:30.
Mr. Wagner: Right, but we asked them to get here...
Chairman Plummer: That's an hour from now.
Mr. Wagner: No, no, no. But we asked them to get here earlier because we were just called and told that
we should be here by 1:30. I think we owe them...
82 October 26, 1999
Chairman Plummer: Well, you know, all I'm trying to do is trying to accommodate everybody, OK? Now. I
don't have a third one here. I was hoping I could get a third person here but I don't have a third person.
Mr. Wagner: There's one gentleman, Mr. Tory Jacobs, just arrived.
Chairman Plummer: I know Mr. Tory Jacobs.
Mr. Wagner: I know you do.
Chairman Plummer: But he don't get to vote here. He votes over on Brickell.
Mr. Wagner: No. But he votes. If you'll give us a few minutes, we would really appreciate it, until we get
the other people. We're expecting...
Chairman Plummer: All right. I'm just going to have to cut you down on the amount of time that you have.
Mr. Wagner: That will be fine.
Chairman Plummer: That's what I've got to do.
Mr. Wagner: You can interrupt me.
Chairman Plummer: All right.
Mr. Wagner: Thank you, sir.
Chairman Plummer: Mr. Manager, do you have anything you need to put on the record?
Mr. Warshaw: All require some action by the Commission.
Chairman Plummer: OK. Somebody standing by the door, tell me when there's a third party here. I'm
looking for a third Commissioner.
Mr. Wagner: Chairman Plummer?
Chairman Plummer: Yes, sir.
Mr. Wagner: If I may interrupt? Most of our community leaders are here, if you want to go ahead now.
Chairman Plummer: Sir, when you've got Josefina Pando, you've got the whole damn community.
Mr. Wagner: And she doesn't like to wait.
Chairman Plummer: I want to tell you.
Chairman Plummer: I went knocking on her door yesterday trying to get her vote and it took me four...
Mr. Wagner: Well, she's here.
83 October 26, 1999
Chairman Plummer: ...four and a half hours to get away.
Mr. Wagner: I brought her for you.
Chairman Plummer: Good.
Mr. Wagner: I think we should maybe go ahead, if it's OK with you?
Chairman Plummer: Sir, you were the one asked for the delay. I asked that you go. Now, we say you go. .
Mr. Wagner: All right. Thank you.
Chairman Plummer: Go ahead.
Mr. Wagner: First of all, good afternoon, Chairman Plummer and Commissioners, for those who are here,
Commissioner Gort, City Manager and other staff members. My name is Tony Wagner. I'm the
administrator for the Coral Way NET Office and I want to thank you for the opportunity that you have given
us to come before you with my staff, which is here to the left, to give you a brief overview of the Coral Way
NET area. As the gatekeepers to the qualify of life in the Coral Way area, we are proud to report that up to
September of 1999, the Coral Way NET Office has been visited and contacted by 24,569 residents.
Chairman Plummer: That's all?
Mr. Wagner: That's all. We have conducted 1,915 inspections and out of those one hundred — 1,915
inspections, we have brought to compliance 1,037. Also, the total revenues collected for the year is one
thou — one hundred and seven thousand seventy-four dollars ($107,074). Also, during my four month tenor,
we have conducted two clean-ups. One in the Marine Stadium area, which is an area that I'm very much
concerned with, and another one in the Shenandoah area. I would also like to highlight that we monitor and
maintain main transportation roads for the City of Miami, that being Coral Way, 27th Avenue, Brickell
Avenue, South Miami Avenue, and others. The Coral Way neighborhood is composed of seven unique
communities, each with a character of its own. One being Brickell, two being Coral Gate. All this planned
community dating back to World War II. Douglas, Parkdale-Lyndale, Silver Bluff and The Roads. The
resident population of the area is 54,000; made up of lower, middle and upper class residents. All of these
stabled, residential communities are linked by beautiful tree -lined street, making Coral Way one of the most
desirable residential areas in the Miami area. And with that in mind, I'd like to introduce some of the
community residents that would appear before you to share their feelings on the service that they're
receiving from the NET offices.
Chairman Plummer: Thank you, sir.
Mr. Wagner: First, I would like to introduce Mr. Tory Jacobs from the Brickell Homeowner's Association.
Chairman Plummer: Never heard of him.
Vice Chairman Gort: He's got 30 seconds.
Chairman Plummer: No, 15.
Mr. Tory Jacobs: My name is Tory Jacobs and I live in the Brickell area. And we certainly have found the
NET office to be very responsive and cooperative. And, Commissioner Plummer, I believe that you brought
84 October 26, 1999
the NET con =- the decentralization from City Hall down from Atlanta and its been a blessing, I think, and
it's only improved. I don't know how we would function without it, and we're very grateful and we
appreciate the cooperation with all the folks at both NET offices that serve us. And we just — we
understand that one of your campaign objectives is to strengthen the NET and put more people in there.
Chairman Plummer: Which has already been approved in the budget.
Mr. Jacobs: And that can only help and make the City better. Thank you very much.
Chairman Plummer: It might interest you to know that, in my particular district, because it runs from the
very top to the very bottom, I touch five of the NET offices in my district.
Mr. Wagner: Yes.
Chairman Plummer: It's amazing.
Mr. Wagner: You're certainly one of the Commissioners that we service, along with Commissioner
Regalado and Commissioner Sanchez. I'd like to bring to the podium now Josefina Sanchez-Pando, a
well-known lady in the community.
Chairman Plummer: And we give her all the time she wants because if not, God help you.
Ms. Josefina Sanchez-Pando: That's correct, J.L. Josefina Sanchez-Pando, 2110 Southwest 24th Terrace. I
am here in behalf of Silver Bluff community. We are very, very grateful to the NET offices. You have a
wonderful idea in Miami to work with these kinds'of substations, sub -offices, divisions, whatever you want
to call them. They make everything accessible to Joe Blow, the public, who doesn't know how to go
downtown, who doesn't know how to go to a zone — hey, sit down, J.L.
Chairman Plummer: I'm listening.
Ms. Sanchez-Pando: Now, you listen sitting down. It's not the first time I've asked you.
Chairman Plummer: I can't do it standing up.
Ms. Sanchez-Pando: Nope.
Chairman Plummer: All right.
Ms. Sanchez-Pando: You're not giving me the whole attention. You're just giving me part of it.
Chairman Plummer: All right. That's not true.
Ms. Sanchez-Pando: OK.
Commissioner Sanchez: You need all your attention. .
Ms. Sanchez-Pando: That's right, Mr. Sanchez. From one Sanchez to another, I'm glad you came in.:.
Commissioner Sanchez: Thank you.
85 October 26, 1999
Ms. Sanchez-Pando: ... to listen to what we have to say about the wonderful offices of the NET.
Commissioner Sanchez: Absolutely.
Ms. Pando: I've been working with the Coral Way NET since it started with Margarita Cordovi, then with
Rafael Rodriguez, now with Tony Wagner. And they have been three, excellent, well-chosen persons that
have done a terrific job there. But let me tell you something. Now, they can't do it alone, Mr. Plummer, Mr.
Gort and Mr. Sanchez. They need more help. They run their fingers dry to the bone with the amount of
work they have and, at times, the citizens get frustrated because they can't do any thing more. We go and
help them. Believe me, I am a volunteer, that I told them, if I have to go and clean up with you. Tony,
haven't we worked together like that?
Mr. Wagner: That's right.
Ms. Sanchez-Pando: We need more help for the offices. They're doing fine but we can still — nothing is
perfect and we can still make it better. What do you want?
Mr. Wagner: We appreciate it.
Chairman Plummer: I've got to say that was unique.
Mr. Wagne: Two more residents — two more residents and, then, we have a report from the lieutenant. It's
very important. I know you're in a rush but it's very important that you get this information. I'd like to bring
to the podium Luis Cabrera and, then, Mr. Camps.
Mr. Luis Cabrera: Good afernoon. rm Luis Cabrera. I'm the President of the Shenandoah Homeowner's
Association. I reside at 1860 Southwest 16th Street. I want to thank you for inviting us to this meeting. In
regards to the Coral Way area, we've been working with the NET office, hand -in -hand, in different projects.
One of the projects is the graffiti clean-up project. We've been very successful and, basically, eliminating
the graffiti/vandalism within the area, thanks to the Sears Corporation and the assistance of the City. The
other project is the clean-up of the Coral Way business district. You have the crews that are out there
cleaning up and we're very grateful and thankful. The association will continue to support all of you and
continue to work with the City. Once again, I thank you. We ask for your assistance in the business district,
hopefully, to expand and beautify that and, once again, thank you for your help and assistance. Bye-bye.
Chairman Plummer: Very good.
Mr. Wagner: We now have a gentleman from the Coral Way Commercial District, which we feel is very
important and we feel very (inaudible) to maintaining the revenues for the City. Mr. Camps.
Mr. Rodolfo Camps: Good afternoon, Commissioners, City officials. I want to thank you for the
opportunity of being here today. We had been working — my name is Rodolfo Camps. I'm at 2267 Coral
Way and I represent the Coral Way Merchants Association. We've been working with the City of Miami
NET Office for about three years now. Only three years. But they have been very helpful in listening to our
concerns and helping us achieve numerous tasks. I want to extend a special thanks to Commissioner
Regalado, which I see is not present today, and also to Lieutenant Mirabile. They have been very helpful
listening to our concerns and making sure that we follow up on the things that need to be done. We look
forward to working with the City of Miami NET offices in the future, and we really appreciate this
opportunity to make things better for everyone.
86 October 26, 1999
Chairman Plummer: Thank you, sir. Have a nice day.
Vice Chairman Gort: But I'll tell you, it's us that have to thank you, the citizens that participate into the
programs. because that's what makes the difference.
Mr. Wagner: That is so right. I'd like to introduce Lieutenant Mirabile, a very important component of the
NET concept, which will also be delivering a brief report to you all.
Lieutenant Hector Mirabile: Good afternoon, Commissioners, Mr. Manager. In your package you should
see something similar to this. If you don't,.it's — it is in there. We'll just guide through it. The first part says
our Mission Statement. For us, it's very clear that we try to follow the Mission Statement as set by the Chief
of Police and you can peruse through that. At this time, I'd like to go ahead and introduce you to three
officers that do great, great things in the Coral Way Brickell area. Officer Giodamo. He's mainly in your
area, Commissioner Plummer. He handles most of the Brickell area. Then, we have Officer Balsino. He
handles the majority of The Roads section. That's where you live, Commissioner Sanchez. And we have
Officer Sala. He handles the remaining portion of the Coral Way NET area. These three fine officers is
what makes NET work and I'm very proud of them. Thank you, gentlemen. Also included in your package
the rest of the team, which is the sergeants and the police officers. Without them, obviously, crime would
be at a rampant stage. And it's their great efforts that make things happen around the City of Miami,
especially, Coral Way. You also have there a cat comparison and what we did — normally do is, we
compare last year to this year's so you understand where is the flow going on. And, as you can see, the
various peeks and valleys, it's historical in nature, where in the summer months, that's where most of your
crime is being committed and the reason for that is, obviously, your children are out and becoming
mischievous and we're trying to control that. On the next page, which is the CAT comparison year-to-date,
you'll notice that we have a trending of decrease in crime overall and we attribute that to, you know, the
positive work of the police and the community. So far in operations that we've had since I've been the
commander of Coral Way, we've had Operation Fire and Ice, which is designed to go-ahead and tackle the
gang problems that we had during the summer months. We coordinated this with a Gang Unit and they are
still persistently going after the gangs in our areas. We also went ahead and had a Coral Way — with a Coral
Way business area had a slight problem, which was, they were getting vandalized continuously and at two
hundred and fifty thousand dollars ($250) a window, that's costly. So, we did is, we assigned for a
temporary basis, for two months — it ends this month — a Coral Way BEAT Officer. And what the function
of that officer is to go and assess the situation and let me know, which he did, how best to stop the graffiti
and all this vandalism and burglaries. We also had multiple prostitution details, which has helped
considerable down the 8th Street corridor, and we had Operation Checker Board, which is a short duration
task force that we set up. Its focus, patrolling in various areas to combat auto theft and the burglaries. We
will continue using department crime statistics, to identify the various areas -that we need to tackle, using
those task force approach. We take it out of hide. There's no additional officers coming in. We use the
resources that we currently have, task force them in, and try to eliminate or, at least, move the crime out to
another area. Hopefully, outside the City of Miami. Future events.
Chairman Plummer: Very outside.
Lieutenant Mirabile: Very important. October 29th, which is this Friday, at nine o'clock, the Southside
Elementary children, we will be assisting them through a walk-through for Halloween, where the various
businesses around Brickell are going to be donating their candy and dressing up for that occasion. Also, this
Saturday, October 30th, we're doing a Halloween/Auto Theft Prevention Bash, where we're going to have
members of the community come in. We're sending out 38,000 fliers to the community and, hopefully, we'll
get...
87 October 26, 1999
Chairman Plummer:
Thirty-eight thousand?
Lieutenant Mirabile:
Yes, sir.
Chairman Plummer:
That's half of your district.
Lieutenant Mirabile:
Yes, sir.
Chairman Plummer:
I hope they all don't show up.
Lieutenant Mirabile:
Well...
Commissioner Sanchez: I hope they all show up.
Lieutenant Mirabile:
There you go.
Chairman Plummer:
Oh, I don't.
Lieutenant Mirabile: It's going to be...
Chairman Plummer: Can you imagine 38 kids all trying to hit one house at the same time?
Lieutenant Mirabile: Traditionally, if you send out fliers, if you get four percent, you're lucky. So, we're
hoping for that magic number and it should be a very successful event. We will have the following future
events: We're going to be having a turkey giveaway. Of course, a date and time are to be determined
because we still have that coordination phase. And that's going to be at Southside Elementary School, to
support the children and their families there. A Thanksgiving dinner for the elderly. We'll be hosting that at
one of the Brickell churches. And, finally, the usual events that we hold, which 'is the Christmas toys
presented to the Southside, and this year we're including now a new school, the Coral Way Elementary.
And every year after that, we try to go to another school and add, so that we can have all the elementary
schools that are in our NET service areas participate in the Christmas holidays. Thank you very much.
Chairman Plummer: Thank you, sir.
Mr. Wagner: In conclusion, I'd like to make one announcement. Within the next three weeks, the Coral
Way NET office will be moving to a new location, the former fire station located on 13th and 12th Avenue.
Hopefully, we will be in that location within three weeks, and you will all be invited by the City Manager to
the ribbon cutting event. And before we end, I'd like to, individually, introduce the people who are really
the back bone of the Coral Way NET Office because, without them, there wouldn't be an office. And that's
the inspectors and the clerical staff. Mayda, if you please? Mayda Navarro, she's been with the City for
almost 20 years. Anna Fernandez, she's our office — I call her office Manager. I know she has another title.
She's been with the City for like seven years. Marlene Castellanos, She's been with the City for 15 years,
and our Code Inspector Aid, a new position that was granted temporarily to our office, Rosemary.
Altogether, they almost have represented 80 years of experience for the City of Miami, and I'm very happy
to be able to work with them and I'm only a reflection of the kind of work that they do. If you have any
questions, I will entertain them at this point.
Chairman Plummer: Thank you, sir. Questions or comments by Commissioners?
Commissioner Sanchez: Mr. Chairman?
88 October 26, 1999
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: As a Commissioner that supports the NET concept a hundred percent, 1 am one to
say that I am very proud of this NET Office. Not only have I had the opportunity to work as a police officer
with Lieutenant Mirabile but I've also had the opportunity to work with Cabrera and many of the other fine
officers and the staff, which is truly the back bone of that office. I am so happy to have them here today
and, basically, what the thing is, that we were able to send this message through Channel 9 for the people to
see that what builts a community and what keeps a community going is the concept of NET. Although, I
think that there's been some arguments of people not agreeing with me on that. I am one to say that the best
thing that this City ever did was to put government in the hands of the people and this con — thank you —
and this concept, which is, it leads people to go one mile or two miles to walk in an office and not walk into
a 10-story building and not have that shock of going in and picking a number, like a number in a deli, but
being able to walk in and talk to one of these fine people that work at that office. And rve been there many
times. I've taken people to that office and referred them to that office because, once again, you run a tight
ship and I am so proud to, at least, be a Commissioner that works with you in that district. And, once again,
I thank each and every one of you. And Ms. Sanchez-Pando, my pleasure for you to be a Pardo.
Ms. Sanchez-Pando: Pando.
Mr. Wagner: Pando.
Commissioner Sanchez: Pando. Sanchez-Pando. My pleasure...
Mr. Wagner: Josefina Sanchez-Pando.
Chairman Plummer: Believe me, you'll learn.
Commissioner Sanchez: Maybe I will learn to speak Spanish, J.L.
Chairman Plummer: OK.
Commissioner Sanchez: Maybe -- one day. One day.
Mr. Wagner: Thank you for your support.
Chairman Plummer: Thank you.
Mr. Wagner: And before we end, Commissioner, I forgot someone, who's just as important as the rest of the
members, Lazaro Roche. Please, get up. He's our solid waste gentleman and he's the one that keeps Coral
Way and all the other areas clean.
Chairman Plummer: We thank all of you for the good job that you're doing and keep it up.
Commissioner Sanchez: And best of luck in your new office...
Vice Chairman Gort: The Commander's no longer an officer?
Commissioner Sanchez: ... two blocks away from my house.
89 October 26, 1999
Mr. Wagner: What was that, Commissioner Gort?
Vice Chairman Gort: Resigned from the...
Lieutenant Mirabile: I'm sorry?
Vice Chairman Gort: You're still an officer or...
Lieutenant Mirabile: Yes, sir.
Vice Chairman Gort: Oh, OK.
Chairman Plummer: Only on Saturday, Sunday and Monday.
Mr. Wagner: Thank you.
Chairman Plummer: OK.. Pocket items, while we're waiting. The Manager has one we can't do because it's
a four/fifth.
Vice Chairman Gort: I have one.
Chairman Plummer: Joe, have you got a pocket item?
Commissioner Sanchez: I'm waiting. I'll pass. I'll be the last one.
32. SUPPORT .FREE TRADE -.AREA OF .AMERICAS :SECRETARIAT (OFFICES WITHIN
ENTERPRISE ZONE) - SUPPORT PERMANENT LOCATION -FOR SECRETARIAT WITHIN CITY
Chairman Plummer: All right. Mr. Gort, you have pocket item.
Vice Chairman Gort: You have copy of this...
Chairman Plummer: Mr. Manager — we'd ask all of you, please, to exit quietly so we can conduct our
business. Mr. Manager?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: Go ahead, Mr. Gort.
Vice Chairman Gort: This is a resolution supporting the Free Trade Area of the Americas, FTAA
Secretariat. This is a — if you all recall, when they had the — on December of 1994, the City of Miami
hosted the Summit of the Americas. What we're trying to do is work with the local — to bring the secretary
— permanent secretary location here in the City of Miami at the Enterprise Zone.
Chairman Plummer: OK. Mr. Manager...
Vice Chairman Gort: And this is working with Team...
Chairman Plummer: ...you're familiar with this?
90 October 26, 1999
Vice Chairman Gort: ... working with Team Florida.
Mr. Warshaw: Yeah.
Chairman Plummer: And it meets with your approval? Moved by Gort.
Vice Chairman Gort: Move it.
Chairman Plummer: Seconded by Sanchez.
Commissioner Sanchez: Second.
Chairman Plummer: A copy will be afforded the Clerk. 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. 99-808
A RESOLUTION OF THE MIAMI CITY COMMISSION,
SUPPORTING THE FREE TRADE AREA OF THE AMERICAS
("FTAA") SECRETARIAT, WHOSE OFFICES ARE LOCATED
WITHIN THE ENTERPRISE ZONE; FURTHER SUPPORTING THE
EFFORTS OF TEAM FLORIDA/FTAA TO SECURE A PERMANENT
LOCATION FOR THE FTAA SECRETARIAT WITHIN THE CITY
OF MIAMI; FINDING THAT THE FTAA SECRETARIAT PROJECT
IS CONSISTENT WITH THE CITY OF MIAMI'S LOCAL PLANS
AND - REGULATIONS, INCLUDING THE CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN.
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
91 October 26, 1999
33. AUTHORIZE FUNDING OF NON -VIOLENCE. PROJECT, ($75,500), ALLOCATE FUNDS FROM
LAW ENFORCEMENT TRUST FUND.
Chairman Plummer: Do you have another one, Mr. Gort?
Vice Chairman Gort: That's it.
Commissioner Sanchez:. Mr. Chairman?
Chairman. Plummer: Mr. Sanchez.
Commissioner Sanchez: Pocket item.
[AT THIS POINT, COMMISSIONER SANCHEZ READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Commissioner Sanchez: Therefore, moved.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Any discussion? Hearing none, all in favor
I
y ..aye
The Commission (Collectively): Aye.
ChairmanPlummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-809
A RESOLUTION OF THE MIAMI CITY 'COMMISSION
AUTHORIZING THE FUNDING OF A NON -VIOLENCE PROJECT,
IN AN AMOUNT NOT TO EXCEED $75,000; ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NOS. 6900011 690002, AND ' 690003, SUCH
EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND
FLORIDA STATE STATUTE 932.7055, AS AMENDED.
92 October 26, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
34. DISCUSS:PROPOSED.PLAT: ONE MIAIVII PARCEL
Chairman Plummer: Mr. Sanchez, anything else?
Commissioner Sanchez: No, sir.
Chairman Plummer: All right. This is a plat.
[AT THIS POINT, CHAIRMAN PLUMMER READ THE • RESOLUTION INTO THE, PUBLIC
RECORDS]
Chairman Plummer: I so move.
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Gort. All in favor say — excuse me. For the record, Mr. Kay, this comes
with your approval?
Mr. James Kay (Director, Public Works): Yes, sir, it does.
Chairman Plummer: Thank you, sir.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Yes, sir.
Vice Chairman Gort: Since we have Mr. Kay there — don't go away, Mr. Kay. Question: 1 think this is the
third meeting they're bringing 22nd Avenue —.Northwest 22nd Avenue, between 3rd and 4th Street. There's
some repair that took place in there and there's a temporary'— but the temporary is gone. There's a'hole in
there now. And my understanding is, that was going to be taken care of.
Mr. Kay: Well, it was supposed been taken care of last week. I'm not...
Vice Chairman Gort: Because we don't even have a temporary
93 1October 26, 1999
Mr. Kay: It was supposed to have been taken care of last week but the storm...
Chairman Plummer: You'll look into it?
Mr. Kay: But 1 will look into it.
Chairman Plummer: Thank you, sir.
Vice Chairman Gort: Appreciate it. Thank you.
Chairman Plummer: A resolution of the Miami City Commission with the — accepting the plat entitled —
no, that's the one I just did.
Vice Chairman Gort: You just did that.
Chairman Plummer: Have we got four/fifths? I don't have a fourth.
Mr. Donald Warshaw (City Manager): He's here.
Vice Chairman Gort: He's here.
35. AUTHORIZE MANAGER ..-TO..NEGOTIATE =AND;; .EXECUTE.; REVOCABLE -LICENSE
TH AGREEMENT, WICOSCAN . METROPOLITAN;: L:L C FOR .USE - OF PORTION OF MIAMI
MARINE STADIUM PARKING. LOT, .LOCATED, AT APPROXIMATELY 3601 RICKENBACKER
CAUSEWAY, FOR TEMPORARY PARKING:
Chairman Plummer: All right. I have one other.
[AT THIS POINT, CHAIRMAN PLUMMIER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Chairman Plummer: I.so move. Seconded by Sanchez.
Commissioner Sanchez: Second.
Chairman Plummer: All in favor say "aye."
Commissioner Teele: Which one is that?
Chairman Plummer: That's to give the City Manager the right to negotiate with this company for temporary
parking at the Marine Stadium, if he works it out. If he doesn't, then — if it's source of revenue...
94 October 26, 1999
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-810
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH COSCAN METROPOLITAN, L.L.C.
("LICENSEE") FOR THE USE OF A PORTION OF THE MIAMI
MARINE STADIUM PARKING LOT, LOCATED AT
APPROXIMATELY 3601 RICKENBACKER CAUSEWAY, MIAMI,
FLORIDA, ON A MONTH TO MONTH BASIS FOR TEMPORARY
PARKING, AT TERMS AND CONDITIONS MORE
PARTICULARLY SET FORTH IN SAID AGREEMENT.
(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: Chairman J. L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
36. ACCEPT PLAT: ONE MIAMI PARCEL A.
Commissioner Teele: Whose item is that?
Chairman Plummer: All right. 'On this one, the Miami Parcel "A," I am told that we did not finish the roll
call. Mr. Teele, you were not here. You want me to read it again for you guys?
[AT THIS POINT, CHAIRMAN PLUMMER REREAD THE RESOLUTION INTO THE PUBLIC
RECORD]
95 October 26, 1999
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-811
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED ONE MIAMI
PARCEL A, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT
TO ALL OF .THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: No, the one — the item that you just read in, about the Marine Stadium. Whose item
is that?
Chairman Plummer: Oh. That was my pocket item, sir. That's not a foregone conclusion. That is to send it
to the Manager for negotiation at the Marine Stadium.
Commissioner Teele: Well, I mean, I'm fine with that, J.L., but item was not — see, I don't like pocket items
and I've tried to say, repeatedly...
Chairman Plummer: Yeah.
Commissioner Teele: ...we should not do pocket items. I don't want that item being shown as a pocket item
because it was on the agenda and the Manager — the Attorney discussed that earlier.
Chairman Plummer: No. I think the one on the agenda is for the Port of Miami — near the Port of Miami.
This one is for Virginia Key, sir.
Commissioner Teele: Oh, this is for Virginia Key?
Chairman Plummer: Yes, sir. This is the potential of additional revenue to the City if the Manager can
96 October 26, 1999
negotiate terms with them. It's a revocable license.
Commissioner Teele: Well, J.L., you know, I just really feel like these pocket items — you know, I saw
these pocket items you all voted on under the last regime. You know, the ones in Overtown. I really believe
that pocket items should try to figure out a way to get the management review. I got asked a bunch of
questions yesterday by "The Herald" about an item that, quite frankly, was properly on the agenda, properly
discussed, and no matter what happens, you know, this is one of these things, J.L., if something goes wrong,
we get the blame. So...
Chairman Plummer: Arthur, I fully understand what you're saying, all right? But now, what do you do
when the City Manager brings me a resolution that says it's an emergency because of the hurricane? You
know, I feel obligated to do...
Commissioner Teele:. I agree, but I — But, J.L., see, this is the whole point. That item should have the
Manager's memorandum...
Chairman Plummer: It came from him.
Commissioner Teele: It should have a Manager's memorandum recommending it to this Commission.
Mr. Donald Warshaw (City Manager): It does.
Chairman Plummer: It does. The front cover has that, sir.
Commissioner Teele: Then, I support it.
Chairman Plummer: Well, I haven't read it, yet. All right. Finish the roll call, if you will, Mr. Clerk, please.
37. RATIFY, APPROVE, CONFIRM' MANAGER''-S-: FINDING,. OF EMERGENCY, WANE
REQUIREMENTS FOR COMPETITNE SEALED. BIDS,- FOR ACQUISITION OF SERVICES,
EQUIPMENT, GOODS AND/OR MATERIALS AS'. REQUIRED FOR .BURDEN RELIEF AND
DISASTER ASSISTANCE DUE TO DAMAGE 'CAUSED -BY HURRICANE IRENE, WHERE SAID
CONTRACT OR AWARD DOES NOT EXCEED $50.000, INSTRUCTING THE CITY MANAGER
TO SUBMIT TO EACH CITY COMMISSIONER A COPY OF EACH CONTRACT, PURCHASE
ORDER AND/OR AGREEMENT EXECUTED.
Chairman Plummer: OK. Now, this is a long one, guys, so hold your breath.
Commissioner Teele: Whose item is it?
Chairman Plummer: This is the Manager's item, which you have in front of you, with a coversheet memo,
titled "Pocket Item Hurricane Irene."
[AT THIS POINT, CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Commissioner Teele: So moved.
Chairman Plummer: Moved by Teele. Seconded by...
97 October 26, 1999
Commissioner Sanchez: Second.
Commissioner Teele: Amendments.
Chairman Plummer: ... Sanchez. Under discussion.
Commissioner Teele: Amendments. Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The resolution should include that the Manager shall submit this for ratification in the
Commission. I mean, the idea of giving each individual Commissioner sounds good but there ought to be, at
least, a formal recognition. Second of all, Mr. Manager, if there are items that were, basically, ratifying,
reading this, it appears as if you've already entered into contract, but there are no contracts and amounts
contained in here. It gives us a sealant. But if you've already entered into contracts, please, read into the
amount and the vendors, who those contracts have been awarded to. The way it reads is it ratifies whatever
the contract that he's been amend — that he's entering into and if that's not appropriate, then, we need to
strike that section.
Mr. Warshaw: Commissioner, it is ratifying actions that were taken from the very first day.
Commissioner Teele: No. I'm talking about contracts now. I'm only talking about contracts.
Mr. Donald Warshaw (City Manager): They're all purchase orders, so there are no contracts. But they are
expenditures of the City.
Commissioner Teele: Well, all purchase orders. All right. Well, a purchase order is a contract.
Ms. Carter: Exactly.
Commissioner Teele: So, what purchase orders have been issued and what amounts?
Mr. Joe Fernandez: Joe Fernandez.
Commissioner Teele: You know, again, I just think this should be in writing; it shouldn't be before us, and
we shouldn't have to fish and cut pick for this stuff. Please.
Chairman Plummer: All right. Do you have it in writing, that you could submit to each one of us?
Mr. Warshaw: This is an going process that started...
Chairman Plummer: But as of today, what he's asking is, how many purchase orders have been issued
and/or contracts? Do you have it in writing?
Mr. Fernandez: Yes. Joe Fernandez, Department of Fire Rescue.
Commissioner Teele: Could you read it into the record, please? I mean, you know, Commissioners, we've
got to stop just rubber stamping things and then being responsible after it's done. I mean, that's why we're in
the box we're in right now, and we need to require the management to submit this to us in writing. It needs
98 October 26; 1999
to be submitted, not to us individually, which is fine as a courtesy, but it needs to be submitted to the
Commission and put into the record. And, Mr. Attorney, you know, I really wish you would help us with
this. And, furthermore, I think the ordinance should be very clear, that he shouldn't have to come to us when
the President or the Governor issues an emergency decree. There should be an authority that goes to the
Manager automatically, Mr. Attorney. And I would appreciate if you would design an ordinance properly
that gives the Manager that authority, once the President or the Governor issues an emergency decree.
Because -- I mean, I think what he's doing is the right thing but I don't think we've got the system set up
properly.
Mr. Alejandro Vilarello (City Attorney): Ultimately, Commissioner, he would still be required to come
back and seek ratification by this Commission. When a Declaration of Emergency is made, there are certain
authorities that the Manager is given, either by declaration of the Mayor or by the Mayor of Dade County or
the State.
Commissioner Teele: Has the Mayor given a declaration?
Chairman Plummer: No.
Mr. Vilarello: My understanding, with regards to Hurricane Irene...
Commissioner Teele: Mayor Carollo issued a declaration?
Mr. Vilarello: No.
Commissioner Teele: OK. And my point is still the same, is that we should have an ordinance that says
when the President of the United States or the Governor declares an emergency that affects the City of
Miami, the Manager should have the authority to proceed and do all of the things we're talking about now in
this so-called emergency ordinance and give him that authority, with the proviso that there's some dollar
limit, as you've got in here, and that he submits it back to the Commission for informational purposes.
Mr. Vilarello: I'll review -your request. There's a state statute which gives him this authority, but I will
review your comments.
Chairman Plummer: OK. Fernandez, would read into the record that which is requested by Commissioner
Teele?
Mr. Fernandez: Yes, sir. Joe Fernandez, Department of Fire Rescue. We have 14 emergency purchase
orders that follow our procedures during the emergency, four items, mainly in support of EOC (Emergency
Operations Center) and, then, food items for the workers that were confined to the EOC for that period
and...
Commissioner Teele: Are any of the vendors minorities?
Mr. Fernandez: I am not sure, based on this list. I know that it's all done off the emergency book that's
prepared by Ms. Judy Carter.
Commissioner Teele: Well, it seems to me that the EOC is right in Overtown, right?
Mr. Fernandez: It's currently in the Miami Police Department.
99 October 26,.1999
Commissioner Teele: Which is right in Overtown.
Mr. Fernandez: Correct.
Commissioner Teele: Long before the Police Department was there, Overtown was there.
Mr. Fernandez: Yes, sir.
Commissioner Teele: OK. And it just seems to me that this City, when we start dealing with these
emergencies, we need to make sure that there's some diversity that is utilized and — I mean, you know, a
simple looking into it and trying to make sure that we get diversity because, you know, people go to
restaurants and places to eat and all that I'm saying is that we're going to Spend City money, especially if
we're going to get FEMA (Federal Emergency Management Agency) reapplied, I'm going to take the J.L.
Plummer rule.
Ms. Carter: We understand that, sir,but...
Chairman Plummer: Wait a minute. Wait a minute. What is the "J.L. Plummer's rule"?
Commissioner Sanchez: Keep everything local.
Commissioner Teele: Keep everything local, which I don't agree with.
Chairman Plummer: Oh, I...
Commissioner Teele: Which I don't agree with if you're going to buy tires and cars and all of that. But, my
God, if you're going to buy food, you ought to buy food locally. You ought to buy it in the neighborhood
where the people — where the business is.
Chairman Plummer: I couldn't concur more.
Ms. Carter: I would like to state...
Chairman Plummer: You do business with people who do business with you.
Ms. Carter: I would like to state on the record, sir, that the caterer that we do provide is a local vendor.
Chairman Plummer: OK.
Commissioner Teele: I sim — that wasn't my question. My question is, are there any African American
minorities on the purchase order list, of the 45 purchase orders?
Ms. Carter: I don't know that, sir.
Commissioner Teele: Well, would you get back to us on it before we leave it today, please?
Ms. Carter: Yes.
Chairman Plummer: OK. Then, call the roll on that item, please. I'm sorry. Mr. Boom -Boom. Two
minutes.
100 October 26, 1999
Mr. Gonzalez-Goenaga: Well, I must be sick today because this is the first time, in the afternoon or
morning, that I show up to speak my mind. But, unfortunately unfortunately, a Commissioner with common
sense has already asked the questions that I was going to ask. And I hope that we will get reimbursement
from FEMA, right?
Chairman Plummer: Hopefully.
Mr. Gonzalez-Goenaga: OK. That's number one. Number 2. And I didn't get this clear. Has the Mayor
declared an emergency within the City of Miami on Irene? Yes or no.
Chairman Plummer: No. The answer is no.
Mr. Gonzalez-Goenaga: So, why are we doing this on an emergency basis?
Chairman Plummer: Because the bills have got to be paid.
Mr. Alejandro Vilarello (City Attorney): However, the Mayor of Dade County has declared an emergency
within Dade County and the Governor has declared an emergency over 27 counties in the State of Florida,
including Miami -Dade County. I don't know about the President.
Commissioner Sanchez: And our Mayor did nothing.
Chairman Plummer: All right. Call the roll.
Commissioner Teele: May I just inquire as to one thing?
Chairman Plummer: Mr. Teele. ,
Commissioner Teele: Was any barbecue purchased?
Mr. Fernandez: Pardon me, sir?
Commissioner Teele: Bar -be -cue.
Mr. Fernandez: A barbecue...
Commissioner Teele: Was any barbecue purchased, food?
Chairman Plummer: Especially, across the street in the police station.
Commissioner Teele: No, no, no, no. I just want my colleagues and I want the public to understand what
my issue is. Because I'm not going to change. I'm going to keep saying the same thing. Did you all buy any
barbecue? Is there a Tony Romas? Is there a Sonny's Pit barbecue there? Anybody
Mr. Fernandez: Barbecued chicken, sir, I believe. ,
Commissioner Teele: But I didn't — is there a Tony Romas or a Sonny's barbecue? Or what are some of the
other nice, big barbecue franchises?
101 October 26, 1999
Mr. Fernandez: There was one — one of the 14 from Tony Romas.
Commissioner Teele: OK. There's a Tony Romas right there, right?
Mr. Fernandez: Yes.
Commissioner Teele: Do you know where People's Barbecue is?
Mr. Fernandez: I do not, sir.
Commissioner Teele: It's about,three blocks — two blocks from the EOC.
Chairman Plummer: Excuse me. Where is Tony Romas that's in Overtown?
Commissioner Sanchez: There is no Tony Romas in Overtown
Mr. Fernandez: Thirty...
Chairman Plummer: He said there was one close by.
Commissioner Teele: There's no Tony Romas in Overtown, Liberty City or Little Havana — Little Haiti, but
that's not my issue.
Chairman Plummer: Where is it, the one you brought from?
Mr. Fernandez: I believe it's in the City, on 37th Avenue.
Chairman Plummer: That one burnt down. Excuse me. You were the Fire Department that tried to save it
and you were not successful. Those ribs were well done. Now, that one's gone. Where is the one you
brought from?
Mr. Fernandez: I did not execute the actual ordering, so...
Chairman Plummer: Well, don't you have it there?
Mr. Fernandez: The address of the restaurant is not here. I'd have to go to the purchase order.
Chairman Plummer: And you didn't know the other one burnt down?
Mr. Fernandez: I didn't know it had a fire. I didn't know it....
Chairman Plummer: Well, you're going to look good in a brown uniform.
Commissioner Teele: Well, the question is, where is the address for Tony Romas? J.L., you know, I'm very
serious about this. You know...
Chairman Plummer: Listen, I am too but when they tell me there's a Tony Romas, I'm asking where.
Commissioner Teele: But, J.L., I mean, the whole point is this. In an emergency, the management has the
authority to do a lot of things. The Governor has the authority. But one of the things that you can do — and
102 October 26, 1999
I mean, you know, I don't know why the. Purchasing Director is laughing. This is a serious matter for me
and it should be a serious matter for the City of Miami. Now, the fact of the matter is very simple. If we're
going to have emergency purchases, then I would hope that purchases would be based on who's providing
the service, with some degree of ensuring that we're representing the tax base because you don't have to
have a low bid; you don't have to have the most competitive bid, but you certainly, ought to have a
convenient bid if you're dealing with that. People's Barbecue is less than three blocks away from the EOC
building. They built — they make barbecue as good as anybody in Miami. And the problem with this whole
issue of black and minority participation is we don't have access. Now, if you can't have access during
emergencies, when you don't have biding rules, then when, in God's name, are you going to ever get access?
The same thing is true of food. Right there next — two doors — three blocks down on 3rd Avenue and 1 Oth
Street is a restaurant. Half of the police from Overtown go there, but I'd be willing to bet you that, when it
came time to do an emergency, the vendors are elsewhere. And my point is only this to the Manager,
please, respectfully: If you're going to be in a community — I'm going to say the same thing. This was my
warm-up speech for Mr. Jay Cross over there in Overtown east. Over there called the American Airline
Arena. If you're going to do business in this community, then do business in the community and don't pick
and choose. Do business in — it's good policy to do business in the neighborhood where you are. And we
know that we disproportionately have the arrests in these communities. At least, give something back.
These communities are 40 percent unemployed — 50 percent unemployed. How are they going to have
employment if you have business and contracts and you don't even consider them? And so, I ask you,
respectfully, Mr. Manager, again, you know, please, let's look at the community and let's look at it not from
a bureaucratic point of view about who filled out a piece of paper or who didn't because the real issue is, can
we take the paper to the people and let them fill it out?
Chairman Plummer: All right. If you'll furnish each member of the Commission a copy of those four
thousand purchase orders before you leave here this afternoon.
Mr. Fernandez: Yes, sir.
Chairman Plummer: OK. Did we call the roll on that. All right. Call the roll on the emergency item
relating to Hurricane Irene.
103 October 26, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-812
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, FOR THE ACQUISITION OF SUCH
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY
BE REQUIRED FOR BURDEN RELIEF AND DISASTER
ASSISTANCE DUE TO THE DAMAGE CAUSED BY, AND
AFTERMATH OF, HURRICANE IRENE; RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S PREVIOUS
EXPENDITURE OF MONIES FOR CONTRACTS AND AWARDS IN
CONJUNCTION WITH SAID BURDEN RELIEF AND ASSISTANCE;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE MOST
REASONABLE, RESPONSIVE AND RESPONSIBLE BID(S) FOR
NECESSARY IMPROVEMENTS, SERVICES, EQUIPMENT, GOODS
AND/OR MATERIALS ASSOCIATED WITH SAID BURDEN
RELIEF AND DISASTER ASSISTANCE; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY AGREEMENT(S), IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
PROFESSIONAL SERVICES, AS MAY BE REQUIRED FOR SAID
PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS AND/OR PURCHASE ORDERS FOR
ACQUISITION OF SUCH SERVICES, EQUIPMENT, GOODS
AND/OR MATERIALS AS MAY BE REQUIRED; PROVIDING
THAT THE CITY MANAGER BE PERMITTED TO PROCEED IN
THE FUTURE WITHOUT EXPRESS CITY COMMISSION
APPROVAL IN HIS EXECUTION OF SUCH PURCHASE ORDERS,
CONTRACTS AND/OR AGREEMENTS AND IN HIS
EXPENDITURE IN CONJUNCTION WITH SAID BURDEN RELIEF
AND ASSISTANCE WHERE SAID CONTRACT OR AWARD DOES
NOT EXCEED $50,000; INSTRUCTING THE CITY MANAGER TO
SUBMIT TO EACH CITY COMMISSIONER A COPY OF EACH
CONTRACT, PURCHASE ORDER AND/OR AGREEMENT
EXECUTED.
104 October 26, 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.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
38. BRIEF COMMENTS � RE': LATIN . A MRICAN• GOURMET, RESTAURANT, CONCESSION AT
PAUL WALKER P 46 WEST•.FLAGLER`STREET -
Chairman Plummer: Mr. Manager, you said that on Item 16, you have not reached a conclusion as of yet?
Mr. Donald Warshaw (City Manager): No, not yet. We're still working on it.
Chairman Plummer: You want more time, Mr. Manager?
Mr. Warshaw: Yes.
39. A) ACCEPT DONATION OF IMPROVEMENTS FROM CALOR DEVELOPMENT, LTD. FOR
CONSTRUCTION AND UTILIZATION OF PARKING LOT AND RESTORATION OF PORTIONS
OF SHORELINE FOR 801 BISCAYNE BOULEVARD, (F.E.C. TRACT); REPAIRS AND
MAINTENNCE SHALL BE PROVIDED AT COST OF CALOR, INSTALLATION AND USE OF A
FLOATING DOCK OF A PORTION OF THE DEEP WATER SLIP — penalty of $1,000 if tenants do
not vacate City owned property after requested to do so.
B) URGE BASKETBALL PROPERTIES, LTD., AS MANAGER AND LEVY RESTAURANTS,
CONCESSIONAIRE, FOR THE ARENA TO AFFORD FOOD SERVICE EMPLOYEES CURRENTLY
EMPLOYED AT THE MA MI ARENA WITH FIRST PRIORITY CONSIDERATION WHEN
EMPLOYMENT FOR FOOD SERVICE POSITIONS, ASSURE THAT FOOD SERVICE
PERSONNEL EMPLOYED AT THE ARENA ARE BESTOWED WITH THE RIGHT OF UNION
REPRESENTATION.
Chairman Plummer: All right. We're now on Item 19.
Commissioner Teele: Mr. Chairman, may I be...
Chairman Plummer: Mr. Teele.
Commissioner Regalado: Are we doing pocket items?
Commissioner Teele: Are you doing your pocket items, other than yours?
105 October 26, 1999
Chairman Plummer: We were doing those at 1:30, to try to fill in. Now, do you want to-do yours now, we
can do it or we can...
Commissioner Teele: Mr. Chairman, as I indicated, I would like to bring up items relating to the Miami
Heat at 2 o'clock.
Chairman Plummer: All right, sir.
Commissioner Teele: And, Mr. Chairman, respectfully, I really do think that, as a rule, whoever's the
presiding officer, their pocket items and their questions should go after everyone else. Their questions and
their items should go last, as a matter of just good parliamentary procedure. Because there's a natural
tendency, when you do — whoever's presiding does theirs, to move on to something else.
Chairman Plummer: Mr. Teele, I only brought mine and my other two colleagues that were here up to try to
expedite time.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: I have no problem with going last or first or whatever, but I did try to move along the
meeting, where we had three Commissioners present.
Commissioner Teele: And I commend you, Mr. Chairman. You've done a great job and you're doing a
great job.
Chairman Plummer: Thank you.
Commissioner Teele: Mr. Chairman, there are two items. They are not pocket items, but they were
submitted on the agenda — under the memo — Manager's memo — City Attorney's memo of October 22nd.
The first item involves an item relating to — that were previously noted, the revocable license agreement
issued by the City of Miami for the occupancy of the property along Biscayne Boulevard, east of the
Biscayne Boulevard. And the other is for a boat slip that's contiguous upland. And the question is, has the
management reached an agreement and is there something that we can give to the Manager the authority to
move forward? And, if you would, just explain into the record. This is not a pocket item. It was placed on
the agenda but, again, I want the management to have a full opportunity to evaluate this. It's my
understanding, Mr. Manager, that the owner. of the American Airline Arena, the development team, is
prepared to do approximately a million dollars ($1,000,000) of improvements, understanding that they have
no property rights, no lease hold rights, and that they're subject to a.termination of 30 days.
Mr. Donald Warshaw (City Manager): That's correct.
Commissioner Teele: And that is a hard pill for me to swallow, that anybody would make that kind of
improvement with those kinds of conditions, and I commend the City Attorney and Ms. Dena Bianchino for
negotiating so hard. But it seems real hard to me — and Ms. Bianchino, Mr. Manager, could you just explain
to the public what it is we're doing or Mr. Attorney, and why they would agree to such an onerous terms?
Mr. Warshaw: I'll explain the first piece and, then, I'll let the City Attorney explain the rest. The Miami
Heat wants to make certain improvements to a piece of the slip, the wall along the slip, the parking lot,
certain landscaping improvements, and the only way we can do that is through a 30-day revocable license.
We've been working with The Heat to try to come to some, not compromise, but understanding as to what
106 October 26, 1999
that revocable license means. What it means to them. What it means to the City. And we have pretty much
reached an agreement that will be able to do that, and I think The Heat certainly has something to offer and
to beautify the area. And, at the same time, they're looking for certain guarantees from the City, some of
which we're unable to do; however, I think they understand the intent of the City, the Commission, myself.
Ms. Bianchino, that we see them as a good, corporate partner and we certainly want to enter into an
agreement with them. I'll let Alex explain to you a little bit about the terms of the revocable license.
Commissioner Teele: I'm going to ask Mr. Cross, if he would also come forward and. at least, after the
Attorney has explained, that you would just put your name and address on the record and acknowledge, for
the record, these terms because we've had a similar problem with Chalks and everybody else and we
wouldn't want to get back into that. So, Mr. Cross, if you would, come forth while the City Attorney is
explaining.
Mr. Alejandro Vilarello (City Attorney): The agreements that are contemplated are two revocable license
agreements, with 30-day termination clauses, which are strictly at the discretion of the City Commission.
The courts have ruled that this kind of agreement doesn't pass on any interest in land, and we will — the
standard form agreement that we have will make sure that there's no impediment to this City Commission
revoking their right to use the premises with 30 days notice. They have indicated that they are going to put
in significant improvements on the sea walls and the parking lot area, and those are going to be given to the
City in the form of a donation, which would not be a condition or a purpose to prohibit the City Commission
in the future, if it decided to, with 30 days notice, ask them to leave the premises. We have had significant
discussions on those issues. rm comfortable, in my conversations with Mr. Cross, that he understands the
limitations of that agreement, and I'm ready to proceed under those — with the authority of the City
Commission, to draft an agreement that protects the City's interest and allows them the temporary use of this
property.
Commissioner Teele: But they, in effect, have agreed to put in a million dollars ($1,000,000), plus, and
donate it to the City?
Mr. Vilarello: They have already done some improvements to the sea wall, which they've already donated
to the City. Mr. Cross corrects me. The million dollar ($1,000,000) number has been thrown around. It is
slightly less — it's less than that. However, it's still a very significant improvement. Cost -value
improvement.
Commissioner Teele: Mr. Chairman, with your permission, I would like for Mr. Cross to introduce himself
for the record and to publicly acknowledge and embrace the understanding that, even though they're making
this substantial improvement, that they would not derive an ownership right or any type of right that would
be other than the 30-day notice provision.
Chairman Plummer: Mr. Cross, if you will, sir, give us your name and mailing address and proceed.
Mr. Jay Cross: Jay Cross. I'm president of Business Operations for The Miami Heat and Basketball
Properties, Limited, which is our real estate subsidiary and developer of the American Airlines Arena. And,
as you all know, we're going to be opening on New Year's Eve and the building is looking spectacular, but
we have an issue on the north side of the building, which is the slip, where we are concerned that there's a
safety issue, in that, about half the slip we have improved already and donated to the City, but the top half of
the slip, which is the westerly end of it, is in bad repair and we are afraid that people are going to attempt to
come to the arena by boat. We want to repair that wall and donate it to the City. Similarly, there's a small
piece of land at the head of the slip that is, obviously, available as a surface parking lot. I know, from
Commissioner Plummer's point of view, parking is an important issue, and we -would be prepared to
107 October 26, 1999
improve that and create a surface parking lot, recognizing that when Biscayne Boulevard gets widened and
beautified, which we hope will happen sooner rather than later, that parking lot will effectively be wiped
out. But, in the meantime, because we have no assurance as to when Biscayne Boulevard will be widened.
we're prepared to make the investment in that parking lot. And, finally, there is a significant part of the
million dollar ($1,000,000) investment is in the form of floating docks. The reason why we chose.
specifically, to put floating docks in is so that, at such time, if the City wishes to use the slip for some other
purpose and give us our notice, as good corporate partners, we'll leave and we can float the docks away. So.
we've tried to the greatest extent possible to give maximum flexibility to the City. We recognize that. from
the City's perspective, we have to proceed with a 30-day revocable license and, basically. we are here
negotiating with the staff and you, the Commission, in good faith. And we know that, when you ask us to
leave, it will be for a greater purpose and no one wants to see the slip developed and Biscayne Boulevard
widened and Bicentennial Park opened up more than we do. So, at such time, as you ask us to leave, we're
sure it will be for a good reason and we'll be happy to do so.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: What are we talking the dollar value, amount on improvements? We're talking a
million dollars ($1,000,000)?
Mr. Cross: It's a million dollars ($1,000,000), which is basically made up of three components. Roughly,
four hundred thousand dollars ($400,000) for the shoreline rehabilitation, and that's where its crumbling.
Commissioner Sanchez: So, you're going to clean up the whole area there that's...
Mr. Cross: Cut it down and rip rap it and make it safe. About a hundred thousand dollars ($100,000) for
the parking lot and about five hundred thousand dollars ($500,000) for the floating docks.
Commissioner Sanchez: Mr. Manager, are they paying a fair value property amount for that? Are they
paying a fair market...
Chairman Plummer: They're not paying anything.
Commissioner Teele: They're not paying anything.
Chairman Plummer: They're making the improvements, which will become the property of the City.
Commissioner Sanchez: No. Just the improvements. Just the improvement on it?
Mr. Warshaw: Well, no. They're going to pay us for certain things, yes.
Commissioner Sanchez: What are they — that's what I want to get to. What are they going to pay for?
Ms. Laura Billbeny (Director, Asset Management): We have proposed for the parking lot that they pay
twenty-five hundred a month for years one through three, and anytime beyond that would be increased to
forty-five hundred a month. For the marina area, we're...
Commissioner Teele: Does that include the 20 percent?
108 October 26, 1999
Ms. Billberry: Yes.
Chairman Plummer: Does that include what?
Commissioner Sanchez: Twenty percent surcharge.
Ms. Billberry: If applicable, yes. On the boat slip area, it would be eight percent of the revenue for the first
two hundred and twenty-five thousand, and 10 percent for any amount above two hundred and twenty-five
thousand gross. These numbers were arrived at based on looking at the profonma that were prepared by The
Heat.
Commissioner Sanchez: OK. That's — thank you.
Chairman Plummer: My only question, Mr. City Attorney, are we getting indemnified? I assume they're
going to be running who ties up their boat and who doesn't. 1 haven't heard how many parking spaces would
be available. But I think that, you know, the City needs to be indemnified if, in fact, a lawsuit were to occur.
When you've got boats involved and tying them up, you can always have a problem. And my final question
would be, is that for both sides of the slip or just south side of where The Heat will be?
Ms. Billberry: Sorry?
Chairman Plummer: South side only, not the north side?
Ms. Billberry: Correct.
Chairman Plummer: Well, I think they ought to fix that one up also because it's not a pretty looking thing
from their side of the view. Mr. Gort?
Ms. Billberry: There are 119 parking spots.
Vice Chairman Gort: What I'd like to make sure — because in the past, we've had — I know The Heat,
they're good corporate partners. They're working very close with us and were very proud to have them, and
Biscayne beautiful — building coming along very beautiful. But I want to make sure we document —
because we've had cases before where we've had this same type of agreement and it's taken us years to
remove anyone from there, and we had that experience over here. So, I want to make sure that whatever
proposing document you put together — because it's very understandable because that property is very
valuable. My understanding, we have plans that we have been discussing for a long time for that property
and it will be to the benefit of The Heat for that to be developed. So, I want to make sure that, that is taking
place in there. Thank you.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Well, let's see. One hundred and ninety-one slips, at ten dollars ($10) a piece, for 42
games. Mr. Sanchez.
Commissioner Sanchez: And that's one of the concerns that I have, and I'm glad to see now with the 30 days
and you're out because the concern that I had was the 30 days and, then, penalty. Because, I mean, if the
penalties are minimal, you don't mind paying them. So, Pm glad to see that. But I think we have — at least, I
look at it, and I look at it as a visionary, of seeing the area with — not only the Arena there, the Performing
Arts and all the other events that are coming forward and the people going with their boats there. I don't
109 October 26, 1999
have a boat. I can't afford a boat. But I just think it's going to bring in a new spark to the downtown area.
Mr. Plummer, you know, you're handling that district. That's yours. It's just — it's good for Miami. It puts a
little bit of magic back in Miami.
Chairman Plummer: Mr. Sanchez, anymore parking we can get in that area, I beg for.
Commissioner Sanchez: Oh, absolutely.
Chairman Plummer: Mr. Gort.
Commissioner Sanchez: And the deal is that there's — parking lots going to be included, so it's a good deal.
Chairman Plummer: Mr. Gort?
Vice Chairman Gort: What?
Chairman Plummer: Didn't you want to speak?
Vice Chairman Gort: I already did..
Chairman Plummer: OK.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like, in all seriousness, to commend the Manager and Ms. Bianchino. I don't
get to commend Ms. Bianchino often, so I want to strain at this opportunity to do that because I really do
think that this is important. But, Mr. Cross, we need to get one thing on the record. If we did nothing; if we
did the usual; what would happen? In your estimation, what would happen with this land in this area? If we
didn't approve it; if it just sort of sat there; what do you think would happen in the marketplace? What do
you think boaters wound wind up doing anyway?
Mr. Cross: Well, I think — and we're already getting calls, "Where can we dock on New Year's Eve?" And
we would be afraid — and we've had discussions with the Marine Patrol that we have to — if we don't have
appropriate facilities for people to land on, they're going to try to land anyway. And we really have — and
not only is it a dangerous situation but, I think, from your point of view, an eye sore. And this Arena is
going to be on national TV a lot. And this just completes the package. So, if we did nothing, I think it
would be a missed opportunity, and I think that...
Commissioner Teele: But don't you really think that people would figure out away to just come in anyway?
I mean...
Mr. Cross: Oh, absolutely.
Commissioner Regalado: Of course.
Commissioner Teele: You know, uninvited, unsolicited, pay nothing. I mean, that's sort of the way it would
wind up really working in the real world.
110 October 26, 1999
Mr. Cross: Yeah. They're going to land anyway. And our concern would be, they might land dangerously
or unsafely and somebody's going to fall in the water or a boats going to get damaged and we're all going to
be liable.
Chairman Plummer: All right. Mr. Teele, I only have one question of you, sir. In this other thing from Cite
Attorney in reference to the employees.
Commissioner Teele: That's a different item.
Chairman Plummer: But I would — I think it may be — itmould be well that it be tied and discussed at this
time and get a commitment. We are in session, ma'am. Mrs. Rubio, we are busy.
Ms. Estrella Rubio: I talk to you later.
Chairman Plummer: Thank you.
Commissioner Teele: Commissioner, she only wanted to give me a picture of a tender moment where we
were embracing in Orlando, at the recent Republican Parry Convention.
Chairman Plummer: Yes. And if you put it in your garage, you won't have rats for six months.
Commissioner Teele: Mr. Chairman, I think the two issues should be separated because I do think one has
NLRB (National Labor Relations Board) implications.
Chairman Plummer: Proceed, sir. What do you wish to discuss? .
Commissioner Teele: I would like to move this item for adoption, and with commendations to the Manager
and the management team. The resolution would be to authorize the Manager and the Attorney to enter into
an agreement that is acceptable to the Manager and the Attorney — these are two separate agreements — with
the revenues to be reflective of the proforma, less any adjustments that have to be made.
Chairman Plummer: OK. I'm going to amend that a little bit, if I may. A friendly amendment, to a certain
extent. You know, I have been very upset around here with other leases, when they said they would leave
and they didn't and that bothers me. So, all I'm going to ask is that a penalty be installed, at a thousand
dollars ($1,000) a day, if they do not remove themselves after it is requested in 30 days, and that they would
pay any court costs or expenses incurred in getting them out after the 30-day revocable has been exercised.
Mr. Vilarello: Commissioner, could you just give me that as a direction to consider that?
Chairman Plummer: Sure, sure. You know, my concern, like with Merrill Stevens, OK? We had to wind
up going to court in another four or five months to get those people out of there. We know the Cuban
Museum over on 12th Avenue. They're still not out of there. You know, So that's all I'm saying.
Commissioner Teele: But, Mr. Attorney, ' Mr. Manager, Mr. Chairman, I think what you're saying is right,
but I think the instruction to the Attorney should be to draft the agreement in such a way that there are
waivers that are — but I want it to be based upon the Commission's approval and not — a Commission's
decision, and not the Manager's decision.
Chairman Plummer: Oh, absolutely.
III October 26, 1999
Commissioner Teele: Because they have to have due process. They have to be able to have a hearing on
whatever it is the issue is that...
Chairman Plummer: It will be this Commission...
Commissioner Teele: This Commission.
Chairman Plummer: ...who invokes the revocable — votes on the revocable.
Commissioner Teele: But all waivers should be in the document.
Chairman Plummer: Sure.
Commissioner Teele: I mean, there should be a waiver for notice, a waiver for...
Chairman Plummer: Here we go.
Commissioner Teele: ...bankruptcy, if they file bankruptcy, if they do this, if they do that, the entire
commercial "bag of tricks" that Donald Trump would use...
Chairman Plummer: Our City Attorney...
Commissioner Teele: ... with one of his tenants.
Chairman Plummer: ...instead of one paragraph, I assure you, will have 18 pages. All right. Mr. Attorney;
what do you need from this Commission to proceed?
Mr. Vilarello:, The resolution that you all are considering right now is sufficient for the Manager and I to
proceed.
Chairman Plummer: All right.
Commissioner Sanchez: And there isn't a second on it: You moved it?
Commissioner Teele: •I moved it.
Chairman Plummer: Moved by Teele.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez. And both of you devils stay out of my district.
Commissioner Sanchez: Well...
Commissioner Teele: Yes, sir.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
112 October 26, 1999
Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-813
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE DONATION OF IMPROVEMENTS FROM CALOR
DEVELOPMENT, LTD. ("CALOR") FOR THE CONSTRUCTION
AND UTILIZATION OF A SURFACE PARKING LOT AND THE
RESTORATION OF PORTIONS OF THE SHORELINE FOR CITY -
OWNED LAND LOCATED AT APPROXIMATELY 801 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, COMMONLY KNOWN AS THE
F.E.C. TRACT ("PROPERTY"); FURTHER PROVIDING THAT ALL
REPAIRS AND MAINTENANCE SHALL BE PROVIDED AT THE
SOLE COST AND EXPENSE OF CALOR; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A
REVOCABLE LICENSE AGREEMENT ("PARKING
AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH CALOR FOR THE USE OF APPROXIMATELY
56,660 SQUARE FEET OF SPACE WITHIN SAID PROPERTY TO
BE USED FOR EVENT PARKING ON A MONTH -TO -MONTH
BASIS, AT TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID PARKING AGREEMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("BOAT
SLIP AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH CALOR FOR THE INSTALLATION AND USE
OF A FLOATING DOCK OF A PORTION OF THE DEEP WATER
SLIP LOCATED AT SAID PROPERTY ON A MONTH -TO -MONTH
BASIS, AT TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID BOAT SLIP AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Next item.
113 October 26, 1999
Commissioner Teele: Mr. Chairman, there is a second...
Chairman Plummer: You have another pocket item?
Commissioner Teele: There's a second item, which is not a pocket item. It was properly noticed.
Chairman Plummer: Yes, sir.
Commissioner Teele: And that item involves the Miami Heat, although it directly involves the Union. Are
there representatives of the Union here, please? If you could just come and give your name for the record.
again. But if I could .read the title. This is a resolution of the Miami City Commission relating to the
employment of services personnel at the American Airlines Arena; urging Basketball Properties, Limited, as
Manager, and Levy Restaurant as concessionaire for the arena to afford the food service employees
currently employed at the Miami Arena with a first priority consideration for employment, when food
service positions are determined by the said Manager and concessionaire at the new arena to be available;
further urging the Basketball Properties, Limited — that's Mr. Cross and Levy Restaurants — to assure that
the food service personnel employed at the arena are bestowed with the right to have collective bargain
representation. And, sir, would you just — at my request, rve asked you to come down and just introduce
yourself for the record, please.
Chairman Plummer: Your name and mailing address and who you represent, please.
Mr. Andre Balash: Yes. My name is Andre J. Balash. rm the Secretary/Treasurer of the Hotel Employees
Restaurant, Employees Union, Local 355, 7910 Northwest 25th Street, Miami, Florida.
Commissioner Teele: Would you let my dear friend also introduce herself, please?
Mr. Balash: Yes.
Ms. Gloria Louis: Hi. My name is'Gloria Louis. I'm almost an organizer for Hotel Employees Union. I've
been working closely with the Miami Arena workers.
Commissioner Teele: And this is a resolution that is almost identical in form to the one that — the County
Commission adopted unanimously, introduced by Commissioner Carrie. And, essentially, we're just saying
to the management, we want the people that are working...
Chairman Plummer: We're recommending.
Commissioner Teele: ...at the current arena to have the rights to have collective bargaining and the right to
have first consideration. We can't order it. We can't mandate it. But we're strongly urging it.
Chairman Plummer: Moved, Commissioner Teele. Seconded by Commissioner Gort. All in favor say
flaye t,
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Anybody wishing to be recorded as no? It is a unanimous ballot.
114 October 26, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-814
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED
TO EMPLOYMENT OF SERVICES PERSONNEL AT THE
AMERICAN AIRLINES ARENA ("ARENA"); URGING
BASKETBALL PROPERTIES, LTD., AS MANAGER, AND LEVY
RESTAURANTS, CONCESSIONAIRE, FOR THE ARENA TO
AFFORD FOOD SERVICE EMPLOYEES CURRENTLY EMPLOYED
AT THE MIAMI ARENA WITH FIRST PRIORITY
CONSIDERATION WHEN EMPLOYMENT FOR FOOD SERVICE
POSITIONS ARE TO BE DETERMINED BY SAID MANAGER AND
CONCESSIONAIRE AT THE NEW ARENA; FURTHER URGING
BASKETBALL PROPERTIES, LTD. AND LEVY RESTAURANTS
TO ASSURE THAT FOOD SERVICE PERSONNEL EMPLOYED AT
THE ARENA ARE BESTOWED WITH THE RIGHT OF UNION
REPRESENTATION.
(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
Chairman Plummer: All right. We're back to the regular agenda.
Ms. Louis: Thank you.
Commissioner Regalado: OK.
Commissioner Teele: Mr. Chairman, final question. Mr. Cross?
Chairman Plummer: Mr. Cross, come forward, please.
Commissioner Teele: Mr. Cross, final question. And I would hope that you would work'with the Union
and I won't go into that. I do know that this is a matter for NLRB considerations and we don't want to go
across the lines. But is there anyway this matter will be resolved before the Millennium?
Mr. Cross: Oh, we'd like to think it would be resolved before the Millennium, but it takes two to resolve an
issue.
115 : October 26, 1999
Commissioner Teele: By the way, do you know where People's Barbecue is?
Mr. Cross: I'd like to point out, not only do we know where it is, we are regular patrons and we have an
agreement with People's Barbecue to have a concession in -the arena.
Commissioner Teele: And you're patrons there? Well, thank you very much. And they're very close to
where you. are now and I just want to...
Mr. Cross: If I could also take this opportunity to point out that we had a job fair at the Wolfson Campus.
Over 1800 people participated. I would say over 80 percent of them were African Americans. It's
reasonable to presume that most of them were residents of either Overtown or Liberty City, Park West. And
for about 800 jobs that we will be creating, we, unfortunately, got affected by the hurricane and will be
doing some follow-up job fairs between now and the opening.
Chairman Plummer: Do you know where Tony Romas is?
Ms. Louis: Well, Mr. Cross — can I ask you a question, Mr. Cross, if you don't mind?
Commissioner Teele: All questions have to be directed to the Chair.
Ms. Louis: OK. Chair.
Chairman Plummer: Sure.
Ms. Louis: OK. May I ask Mr. Cross a question about the job fair?
Chairman Plummer: Sure. Proceed.
Ms. Louis: OK. Mr. Cross; I was there at the job fair and not too many of our union members showed up at
this job fair because they were unaware of this job fair. It was not posted at Arrow Mark, where they work,
and they were unaware. And they came to me and said, "Was there a job fair?" So, I noticed it was in "The
Herald," but not too many of our workers read "The Miami Herald," but if you would have posted it...
Chairman Plummer: Should have put it in the Sun Sentinel.
Ms. Louis: Pardon me?
Commissioner Teele: Miami Times.
Chairman Plummer: Yeah.
Ms. Louis: But not too many of our workers, you know — but it should have been posted...
Chairman Plummer: "The Miami Herald" is always three years behind. I mean, I haven't had a beard in
three years but they still put it in everyday.
Ms. Louis: I know. But it still should have been posted at Arrow Mark, where they work, where they could
par — you know, see it.
Chairman Plummer: That's why I'm here — he's here.
116 October 26, 1999
Commissioner Teele: Well, I want to publicly acknowledge my commitment that I made privately to you
and Mr. Julian and others that, if there is no agreement and if there is a picket on Millennium night. while 1
have plans to be with my family on the Millennium, I will join the Union in front of the arena, on a picket
line, on Millennium night, because I really do think it's important that workers have retirement...
Ms. Louis: Thank you, Mr. Teele.
Commissioner Teele: ...have health benefits. And we all know that everybody's trying to get the most they
can for as cheap as you can, and the real issue here is, are we going to have a facility...
Ms. Louis: That's right.
Commissioner Teele: ...in which the workers have health benefits, have retirement plans, and have the
kinds of things that we all want them to have? We cannot order Mr. Cross or the Levy to do anything, but
we can express our support for your cause. Thank you very much.
Ms. Louis: Thank you, Commissioner.
Chairman Plummer: All right. We're on Item 19, on the regular agenda.
40. Comments 1!1 Commissioner Re ado irewding pocket item he wishes to introduce.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I have a pocket item and also a resolution that was prepared by the City Attorney, but I ask you to — if we can wait for that resolution. But I do have — the people are not here, yet, and I do
have a pocket item, which is an emergency ordinance, and I would like to — when we have the full
Commission, if you would let me present it? I can go ahead and...
Chairman Plummer: That's fine, sir.
Commissioner Regalado: ... do it now, but..
Chairman Plummer: All right. Nineteen, I can't do because I don't have four/fifths. Twenty needs
four/fifths. Twenty-two needs four/fifths.
Vice Chairman Gort: They all need four/fifths.
Chairman Plummer: Twenty-three, 24, 25. Mr. Regalado, you have an appointment on Item 31 on the
Property and Asset Review Committee. Do you have your recommendation?
Commissioner Regalado: No, Mr. Chairman.
Chairman Plummer: Defer it to the next meeting.
Nate far the Record: Item 31 was deferred.
117 October 26, 1999
41. APPOINT Adela Gonzalez AS REGULAR MEMBER OF CODE ENFORCEMENT BOARD.
Vice Chairman Gort: Mr. Chairman.
Chairman Plummer: Mr. Gort:
Vice Chairman Gort: I believe I have an appointment to the Code Enforcement Board. I'm ready to make it.
Chairman Plummer: 'That's not on the agenda, sir, is it? I don't think Code Enforcement's here.
Mr. Walter Foeman (City Clerk): That's for the next meeting. We've scheduled that for the next meeting.
Vice Chairman Gort: Beg your pardon?
Chairman Plummer: All right.
Mr. Foeman: We've scheduled it for the next meeting. It's not on this agenda.
Vice Chairman Gort: Does it have to be on the agenda in order to appoint it?
Mr. Foeman: No, it doesn't.
Vice Chairman Gort: No, it doesn't have to.
Chairman Plummer: Well, you...
Vice Chairman Gort: Well, I'd like to make my appointment.
Chairman Plummer: Mr. City Attorney, can he make an appointment to Code Enforcement when it's not on
the agenda?
Mr. Alejandro Vilarello (City Attorney): It's his appointment to Code Enforcement Board. I don't know of
any limitation on his ability to make the appointment.
Chairman Plummer: Sir, proffer your name.
Vice Chairman Gort: Adela Gonzalez.
Chairman Plummer: Adela Gonzalez for Code Enforcement. Mr. City Clerk, the Mr. City Attorney has
opined that its not a problem. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
-118 October 26, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-815
A RESOLUTION OF THE
APPOINTING AN INDIVIDUAL
THE CODE ENFORCEMENT
DESIGNATED HEREIN. -
MIAMI CITY COMMISSION
AS A REGULAR MEMBER OF
BOARD FOR A TERM AS
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: . None.
ABSENT: Commissioner Arthur E. Teele, Jr.
42. RESCHEDULE NOVEMBER MEETINGS TO TAKE PLACE ON NOVEMBER 16, 1999 —
DECEMBER MEETINGS TO TAKE PLACE ON DECEMBER 14, .1999 — ATTORNEY -CLIENT
SESSION RE PARKING SURCHARGE LAWSUIT ON NOVEMBER_ 16, 1999.
Chairman Plummer: Discussion of report of street sweeping. Who's going to tell us about street sweeping?
Mr. Patterson. Item 35.
Vice Chairman Gort: That was at Teele's request.
Chairman Plummer: Well — you know, I mean, what do you want me to do? I can only do so many things,
all right? Mr. City Attorney, hold up street sweeping until Mr. Teele comes back. Mr. City Attorney
requesting an Executive Concession concerning Miami -Dade County. Mr. City Attorney, you wish to tell
us more?
Mr. Alejandro Vilarello (City Attorney): Yes. I'm requesting an Executive Session with regard to the
litigation filed by Miami -Dade County against the City of Miami, as well as the McGrath versus the City of
Miami lawsuit, both cases involving the Parking Surcharge.
Chairman Plummer: All right. Hold up. Let me do this one first. I assume that all of you know have had
the opportunity to check your schedules so that we can go ahead and set a date for this that he's requesting
now. What we're looking at is the November meeting — two meetings in the same day would be November
the 16th. Is there a motion?
Commissioner Sanchez: Moved.
119 October 26, 1999
Commissioner Regalado: Second.
Chairman Plummer: Second. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-816
A RESOLUTION OF THE NIIAMI CITY COMMISSION
RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF NOVEMBER ORIGINALLY SCHEDULED FOR
NOVEMBER 9, 1999, TO TAKE PLACE ON NOVEMBER 16, 1999
AT 10:00 A.M.; FURTHER RESCHEDULING THE SECOND
REGULAR CITY COMMISSION MEETING OF NOVEMBER,
ORIGINALLY SCHEDULE FOR NOVEMBER 23, 1999, TO TAKE
PLACE ON NOVEMBER 16, 1999 AT 2:00 P.M.
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: . None.
ABSENT: None.
Chairman Plummer: December meetings. Two meetings on the same day, morning and afternoon,
December the 7th. You all have checked your schedules? Motion?.
Commissioner Teele: What's the date again?
Vice Chairman Gort: Move it.
Chairman Plummer: December 7th. Moved by Gort. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All right.
120 October 26, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-817
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF DECEMBER ORIGINALLY SCHEDULED FOR
DECEMBER 14, 1999, TO TAKE PLACE ON DECEMBER 7, 1999
AT 10:00 A.M.; FURTHER RESCHEDULING THE SECOND
REGULAR CITY COMMISSION MEETING OF DECEMBER
ORIGINALLY SCHEDULED FOR DECEMBER 28, 1999, TO TAKE
PLACE ON DECEMBER 7, 1999 AT 2:00 P.M.
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Now, Mr. City Attorney, which date do you want, of the new revised dates, for your
closed door session again?
Mr. Alejandro Vilarello (City Attorney): The 16th would be preferable...
Chairman Plummer: That's in November the 16th at 9:30 a.m.
Mr. Vilarello: Yes.
Chairman Plummer: Mr. Regalado can't make it any earlier. OK? Keep in the back of your minds, we're
doing two meetings in one day. All right. All in — Mr. Gort — Mr. Teele, please. Item 36, a request of the
City Attorney. Is there a...
Commissioner Teele: You need a motion on that or is that...
Chairman Plummer: Yes. That's what I'm asking for, a motion.
Commissioner Teele: So moved, Mr. Chairman.
Chairman Plummer: All right. Seconded by Mr. Gort, that there will be a special meeting in reference to
litigation, Miami and Dade County, over the Parking Surcharge. November the 16th, at 9:35, a closed door
121 October 26, 1999
session. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-818
A MOTION SCHEDULING AN EXECUTIVE ATTORNEY/CLIENT
SESSION, CLOSED TO THE PUBLIC, CONCERNING THE CASE
OF mjAMI nAnF roITNTY V4 C'ITY of MIAMI REGARDING
THE PARKING SURCHARGE FOR TUESDAY, NOVEMBER 16,
1999 BEGINNING 9:30 A.M.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
43. REQUEST PLAN FOR IlOLEMENTING STREET SWEEPING IN RESIDENTIAL AREAS
WHEREBY ALL FIVE DISTRICTS WILL BE SWEPT ON AN EOUTTABLE BASIS, FUND SAID
PROJECT FROM FUNDS RAISED BY HOMEOWNERS IN THE GARBAGE FEE.
Chairman Plummer: We're now back to Mr. Teele's request on street sweeping. Mr. Patterson.
Mr. Clarence Patterson (Director, Solid Waste): Thank you, Mr. Chairman. This request was a request, as
you know, that came out during our budget hearing and, of course, was delayed and has, subsequently, been
brought back. The question was of the department, how many streets was swept and what of your
Commission districts? The little map that I've passed out to you is the same as you're.seeing on the large
map here to your left. Up in the left-hand corner you'll see the legend, which indicates the days of the week
and the frequency that the sweeping takes place in your district. What we have done there is overlaid each
of your respective districts and show you what days of the week and what thoroughfares are swept on what
days of the week. In addition to that, you have a little cost sheet here that gives you the total cost of street
cleaning that we're doing in the City of Miami. I'll be happy to entertain any questions you have.
Chairman Plummer: Probably, my district gets more than anybody, doesn't Teele, because I've got the
downtown?
Commissioner Teele: Mr. Chairman, but you see, we need to understand something. That the homeowners
are paying for this, as well as everyone else. We need a plan in which every street in the City of Miami is
122 October 26, 1999
swept and that's why I've been trying to work to get more and more money into Solid Waste. Now, it doesn't
make sense, Mr. Manager, for this Commission to go on record by increasing the Solid Waste, the fees, if
we're not going to provide more service. if this is going to wind up being a shell game, that is, we increase
the fees and the service stays the same, then we need to roll back the fees. And, so, what I'm looking for is a
plan whereby all five districts will have a relative amount of street sweeping, prioritized the same way we're
talking with Community Development, in conjunction with the NET (Neighborhood Enhancement Team)
Office and the Commissioners, where we basically identify the business corridors throughout the City of.
Miami. It's my understanding that the red on, this represents the streets that are swept everyday.
Mr. Patterson: That is correct.
Commissioner Teele: Now, how far west do you go from downtown?
Mr. Patterson: How far west?
Commissioner Teele: What's the western most street?
Chairman Plummer: Twenty-seventh Avenue.
Commissioner Teele: No, no. Red, Red. The western most red street.
Chairman Plummer: That's what I said.
Commissioner Teele: See, J.L., with all due respect, the whole sweeping is in your district and that's not
your fault, I'm sure...
-Chairman Plummer: No, it's not.
Commissioner Teele: ...or to your credit, necessarily. It really is a function that we all believe that the
commercial areas are more important than the residential areas, and I'm telling you, when — every dollar that
we raise, we raised it on the residential homeowner.
Mr. Patterson: The western most area of the red in downtown area is Northwest 2nd Avenue.
Chairman Plummer: That's not what he asked. What is the western most place that you do?
Commissioner Teele: Daily.
Chairman Plummer: It's 27th Avenue.
Commissioner Teele: No, sir. Daily.
Chairman Plummer: Daily, daily. I'm sorry.
Commissioner Sanchez: Red everyday.
Chairman Plummer: Yeah.
Mr. Patterson: In the red that.you're looking at here downtown, the western most area is 2nd Avenue.
123 October 26, 1999
Commissioner Teele: Is that northeast or northwest?
Mr. Patterson: Northwest. The only other red that you have on here is a village of the Coconut Grove and
37th Avenue for this little piece here.
Commissioner Teele: Before I make a motion, I just want to ask this: Would it be any trouble if you just
went one street over and you just swept Northeast 3rd Avenue? I mean, you've got the...
Mr. Patterson: We sweep 3rd Avenue.
Mr. Warshaw: You mean, Northwest 3rd Avenue
Commissioner Teele: Northwest 3rd Avenue? Would that be any trouble to you?
Mr. Patterson: No, sir. We sweep Northwest 3rd Avenue.
Commissioner Teele: You just said the far west you go is north — I can tell you right now, you don't sweep
Northwest 3rd Avenue. I can tell you that now because I'm up that street every day and half of the City is on
that street every day and that street is not swept once a year. Northwest 3rd Avenue. Is there a problem
with that?
Mr. Patterson: No, sir.
Commissioner Teele: OK. Mr. Chairman, my motion would be this: That all of the funds — that the
increment of all of the dollars that have been raised by the homeowners in the garbage fee, that the Manager
be instructed to develop a plan to utilize the majority of those funds in additional street sweeping throughout
the City — the five districts of the City on a fair and proportionate basis, that is, of the five districts. And,
really, that's excluding District 1, which is getting all of the money, but I'm going to say it, that all five
districts. Is that a problem for you all, to develop a planT
Mr. Warshaw: No, sir.
Chairman Plummer: Are you saying now, Mr. Teele, outside of the downtown central business district?
Commissioner Teele: In the residential areas. Yes, sir.
Chairman Plummer: Yeah. Outside of the — OK. That's fine.
Commissioner Teele: J.L., I want to make it very clear. When we passed the budget, we raised garbage
collection for homeowners by twenty-five dollars ($25).
Chairman Plummer: Yes, sir.
Commissioner Teele: Homeowners are not getting any of the street sweeping and I guarantee you, if the
homeowners see a street sweeper that cleans up the area, even if it's commercial areas — there are areas on
17th Avenue, there are areas on 12th Avenue that need to be swept. Ms. Range just sitting here on another
issue, but I can assure you that the community — that the homeowners that live in Hadley Park and Liberty
City would be so grateful to see 12th Avenue get swept regularly, 7th Avenue, l7th Avenue. And all we're
asking the management to do is to look at the increment...
124 October 26, 1999
Chairman Plummer: OK. Mr. Manager, you understand the motion?
Mr. Warshaw: Yes, absolutely.
Chairman Plummer: Is there a second?
Commissioner Teele: And that would be throughout the five districts on an equitable basis.
Chairman Plummer: Absolutely.
Commissioner Sanchez: On an equitable basis. Second.
Chairman Plummer: Second. All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-819
A MOTION INSTRUCTING THE CITY MANAGER TO PROVIDE
THE COMMISSION WITH A PLAN FOR IMPLEMENTING STREET
SWEEPING IN RESIDENTIAL AREAS WHEREBY ALL FIVE
DISTRICTS WILL BE SWEPT ON AN EQUITABLE BASIS;
FURTHER DIRECTING THE MANAGER TO FUND SAID PROJECT
FROM FUNDS RAISED BY THE HOMEOWNERS IN THE
GARBAGE FEE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regaiado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman, my last pocket item is the one that Mrs. Range is here on. I'm looking
for it.
Ms. Mary Hill: I would like to say something concerning the sweeping, if I may?
125 October 26, 1999
Chairman Plummer: You wish so speak on street sweeping?
Ms. Hill: Yes. I'm standing here.
Chairman Plummer: It's not a public hearing, ma'am.
Ms. Hill: You can't make a comment on it?
Chairman Plummer: Ma'am, it's not a public hearing. You can surrender, in writing, any comments that you
have. Yes, ma'am.
Chairman Plummer: All right.
Ms. Hill: Thank you. It's different.
44. (A) AMEND 99-382, THE VIRGINIA KEY PARK. CIVIL. RIGHTS TASK FORCE. EXPAND
POWERS AND DUTIES, IDENTIFYING FUNDING SOURCES, PROVIDE FOR LEGAL COUNSEL,
AND DESIGNATE SECRETARIAL AND ADMINISTRATIVE SUPPORT STAFF.
(B) ALLOCATE $25,000 ,FOR , PRESENTATION OF CHARRETTE -TO FORMULATE
STRATEGIES TO ASSIST IN THE DEVELOPMENT OF VIRGINIA KEY PARK
Chairman Plummer: Mr. Teele, do you wish to speak on the item of Virginia Key?
Commissioner Teele: Mr. Chairman, yes. Mr. Chairman, the resolution is contained before you and,
essentially, what the resolution does — and I won't belabor this, but I would ask Mrs. Range or Mr. Tinny to
come forward, representing the Virginia Key. This is not a pocket item. It was on the agenda. There had
been a number of organizational issues that have plagued this committee. In fairness, I think to everyone,
the City of Miami has been totally engaged in a budget exercise that has diverted the Management's
attention away from everything, other than the budget. It's my understanding, Mrs. Range, that you all *never
really got staff support; that you never really got the ability to sort of work, and what we would like to do,
Mr. Chairman, is extend the committee report date, which is due in December, to the last meeting in
February, which is about a 60-day extension, to provide them with the resources to have a charrette, to
ensure that the meetings are held in accordance with the Sunshine Law and the public — and the records law.
It would place additional duties and responsibilities on the Clerk of the board to get the notices out; to have
minutes of the meeting, and to convene the meeting. And one of the issues, Mr. Attorney, is that people are
beginning to submit specific proposals to the committee and while we didn't necessarily envision that,
there's nothing wrong with them receiving it, but we certainly would like for it to be done in a proper way so
that there's no question that anything's going to them is done in accordance with the state law.
Chairman Plummer: Mr. Manager, you have any comments?
Mr. Donald Warshaw (City Manager): The only comment, sir, are that we support doing this and if the
Commission directs us so, we're going to find the money to do it.
Chairman Plummer: Mr. Teele makes the motion. Seconded by Mr. Gort.
Commissioner Teele: Could I just pause for a moment and ask Mrs. Range to make any comments?
Chairman Plummer: Always in order.
126 October 26, 1999
Ms. Athalie Range: Thank you very much. We certainly appreciate your consideration of moving the
moratorium from December to February. We do need this additional time in which to perfect the plans that
we hope to bring before this Commission -at that time. We further wish to thank you for the twenty-five
thousand dollars ($25,000) in order to have the charrette. Of course, the charrette are. today. a way of life
and we feel that this is the most expedient way to gather all of the information that is needed to bring before
this Commission a sensible report that is a workable document.
Chairman Plummer: And you're not being rushed.
Ms. Range: And we're not being rushed. And believe you me, . we're meeting regularly. It was most
inspiring on last evening to have a person from the Manager's office, I believe it was, who actually took the
notes. We'd been asking for this for some time but had not been successful in obtaining it. So,
Commissioner Teele and others of you, we certainly want to thank you for having seen to it that this is now
in progress.
Chairman Plummer: All right.
Ms. Range: And we stand ready to answer questions at any time you would like to call us before the
Commission. We'd be more than pleased to give you a progress report.
Chairman Plummer: Ms. Range, at this point, you're a winner, as you have always been.
Ms. Range: Good for you.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
The following resolutions were introduced by Commissioner Teele, who moved their adoption:
RESOLUTION NO. 99-820
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO: 99-382, WHICH ESTABLISHED THE VIRGINIA
KEY, PARK CIVIL RIGHTS TASK FORCE, TO SET FORTH
PROVISIONS EXPANDING THE TASK FORCE'S POWERS AND
DUTIES, IDENTIFYING FUNDING SOURCES. FOR THE TASK
FORCE'S OPERATING COSTS, PROVIDING FOR LEGAL
COUNSEL, AND DESIGNATING SECRETARIAL AND
ADMINISTRATIVE SUPPORT STAFF.
127 October 26, 1999
RESOLUTION NO.99-820.1
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF AN AMOUNT NOT
TO EXCEED $25,000 FROM ACCOUNT NO. 921002-
270, FOR THE PRESENTATION OF A CHARRETTE TO
PRESENT A FORUM AT WHICH THE MEMBERS OF THE
VIRGINIA KEY CIVIL RIGHTS TASK FORCE, THE CITY
ADMINISTATION, REPRESENTATIVES OF VARIOUS
GOVERNMENTAL AGENCIES AND OTHER INTERESTED
PARTIES MAY EXCHANGE INFORMATION AND FORMULATE
STRATEGIES TO ASSIST IN THE DEVELOPMENT OF VIRGINIA
KEY PARK.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolutions were passed and adopted by the following
vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Could we ask the members of the committee that are here to please stand or the
people that are here in support of it? Because I think it's important for the Commission to see the broad
diversi...
Chairman Plummer: Oh, no. No. Mr. Teele, Mrs. Pickney is only an expert on cemeteries. She and I work
together.
Ms. Range: Thank you very much.
Commissioner Teele: Thank you.
Ms. Range: Thank you very much, sir.
Chairman Plummer: All right. Let's get back to the agenda.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
128 October 26, 1099
45. REQUEST PROCLAMATION TO HONOR JUDGE LAWTON E. THOMAS. THE FIRST BLACK
JUDGE IN STATE OF FLORIDA.
Commissioner Teele: And, for the record, a number of the black lawyers and former judges hosted a
graveside memorial service for the first African American judge in the State of Florida. Judge Thomas. In
the entire south, actually.
Chairman Plummer: He was in Miami.
Commissioner Teele: And it was a wonderful service. Justice Hatchet, as well as judges from across the
country, were in attendance. I would ask, if it's convenient, that, at the first meeting in December, that this
Commission sign a proclamation with our Mayor, also honoring Judge Thomas, with his lovely wife being
present, to receive, that at 9:30 on November the 16th, would it be?
Chairman Plummer: November 16th, if you wish it in November.
Commissioner Teele: On November 16th, if that's convenient.
Chairman Plummer: So be it. Its so ordered to the City Manager to convey it to the Mayor's Office. Was
that Judge Thomas of Miami?
Commissioner Teele: His wife is right here. Yes, that's Judge Thomas...
Chairman Plummer: 1 remember;— how well I remember back in those days.. What year?
Ms. Thomas: Nineteen fifty.
Chairman Plummer: That's — I was just getting into Miami High at that time.
Vice Chairman Gort: He was 30 years old at that time.
Chairman Plummer: Oh, watch your language.
Commissioner Teele: But it's important that he was the first black judge in the entire south and he presided
with great dignity and dispensed justice. And he something, quite frankly, we're still trying to do: He held
court in hours that were convenient for the public. He would have court late in the evening...
Chairman Plummer: Eleventh Street.
Commissioner Teele: And on Saturday mornings and, you know, there's some real wisdom that we can
learn from that.
Chairman Plummer: Eleventh Street and 5th Avenue.
Chairman Plummer: And, Mr. Manager, let me tell you something. That building, I. think, we still own.
Sir, it is a disgrace. The yard is filthy. Yesterday it was full of tires. The things where they tried to board
up the windows have been all taken out. There's three homeless sleeping there on a daily basis. It's our
property. And, again, as I said earlier this morning, it's difficult for us to tell others to clean up theirs when
129 October 26, 1999
we don't clean up ours. You know where I'm talking about, don't you?
Mr. Donald Warshaw (City Manager): No.
Chairman Plummer: Fifth — 11th Street and 5th Avenue
Commissioner Teele: Yes. It's the old police precinct.
Chairman Plummer: The old municipal justice. I would hope that we could get that cleaned up.
Commissioner Teele: We're working on that with them and the management's doing a great job in trying to
get a program.
46.EMERGENCY ORDINANCE: AMEND CODE SECTION 2-37 "ADMINISTRATION/MAYOR
AND CITY COMMISSION", BY ADDING LANGUAGE TO CLARIFY SECTION 4(g)(6) OF THE
CHARTER AS IT RELATES TO THE TIME WHEN THE REMOVAL OF THE CITY MANAGER BY
THE MAYOR WILL TAKE EFFECT.
Commissioner Regalado: I have a pocket item.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: And Commissioner Sanchez, I'm sure, will be here. We do need the full
Commission for this item. Mr. Chairman, members of the Commission, this is an emergency ordinance that
I requested, actually long time ago, from the City Attorney and I asked him to bring it back and it's about —
I'll read it to you.
[AT THIS TIME, COMMISSIONER REGALADO READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Plummer: Moved by Commissioner Regalado. Seconded by...
Commissioner Sanchez: Second.
Chairman Plummer: ...Mr. Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
Mr. Alejandro Vilarello (City Attorney): It's an emergency ordinance.
Commissioner Teele: Roll call. Roll call.
Commissioner Regalado: Roll call.
Chairman Plummer: Is it an ordinance?
Mr. Vilarello: Yes.
130 October 26, 1999
Commissioner Regalado: It.is an ordinance, yes.
Chairman Plummer: Well, wait a minute.
Commissioner Regalado: It is an emergency ordinance.
Mr. Vilarello: And Commissioner Regalado just read the entire title.
Commissioner Teele: Did you read the title?
Mr. Vilarello: Commissioner Regalado read the entire title.
Chairman Plummer: Regalado...
Commissioner Regalado: I read it.
Chairman Plummer: I'm sorry. Then, I stand corrected. A roll call is correct. I thought it was a resolution.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMEDED, ENTITLED "ADMINISTRATION MAYOR AND CITY COMMISSION",
BY ADDING LANGUAGE TO CLARIFY SECTION 4(g)(6) OF THE CHARTER
was introduced by Commissioner Regalado 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: Chairman J. L. Plummer, Jr.
Vice Chairman Wifredo
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
131 October 26,1999
Whereupon the Commission on motion of Commissioner Regalado and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Chairman J. L. Plummer, Jr.
Vice Chairman Wifredo
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11850
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.
47. DISCUSS FIRE DEPARTMENT'S -PURCHASE OF. AIR CONDITIONER FOR FIRE STATIONS
(see section # 49)
Chairman Plummer: Item 19. Item 19 is the air conditioners in two of fire stations for a total of
seventy-five thousand dollars ($75,000). Its a resolution. Moved by?
Commissioner Teele: So moved.
Chairman Plummer: Teele. Seconded by...
Commissioner Regalado: Second.
Chairman Plummer: ...Regalado. You wish to be heard, Mariano?
Mr. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 16th Street.
Chairman Plummer: It's a not public hearing, but I'll give you a couple of seconds.
Mr. Cruz: I ??? in a way opposed to this because anyway this will pass, regardless, because its already...
Chairman Plummer: All right. Hold on. Mariano, I've got to...
Mr. Cruz: It's already...
Chairman Plummer: Wait, wait, wait. Hold it.
Mr. Cruz: Over here. Why they using CDBG (Community Development Block Grant)?
Chairman Plummer: Hold it, please. I don't have four/fifths present. I must have four/fifths here. All right.
We'll move on, then, to...
132. . October 26, 1999
Commissioner Teele: Mr. Chairman, while you're...
Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to make sure...
Chairman Plummer: Mr. Teele, you have a number. Let's try yours..
Commissioner Teele: Huh?
Chairman Plummer: Mr. Teele, you have Item 28.
Commissioner Teele: I thought we said that we were going to take zoning issues ahead _ OK.
Chairman Plummer: Do you have your appointment for Bayfront Park, sir?
Commissioner Teele: No appointment.
Chairman Plummer: Defer?
Commissioner Teele: Yes, sir.
Chairman Plummer: All right. Defer that.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele, Community Relations Board. Do you have your two appointments?
Commissioner Teele: No appointments.
Chairman Plummer: Defer? They are deferred. All right.
48. APPOINT GEORGES WILLIAMS AS A MEMBER OF THE ZONING BOARD.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like to hear from the head of the boards committee — the board staff. Who's
the staff on the boards — that we have sufficient Commission meetings to deal with the zoning issues.
Several people have been calling saying that items are being deferred because we're out of time. I know that
that happened in the past during the budget but as we look at our calendar — I mean, you know, we really
didn't hear a lot of zoning issues in...
Chairman Plummer: We'll be finished this agenda today.
Commissioner Teele: No. But I want to make sure because they took items off of the agenda this time,
extensively, because we didn't have enough time and I wanted to make sure that we don't have any items
133 October 26, 1999
being backed up...
Chairman Plummer: I'm not aware of that.
Commissioner Teele: ...in the Zoning, at all, and that the schedule of one meeting in November and
December will not impact because...
Chairman Plummer: I asked that, sir, before I even proffered it and I was told that it was no problem. Your
Chairman is looking out for you, sir.
Commissioner Teele: Thank you. Thank you, Mr. Chairman?
Chairman Plummer: All right. Mr. Teele...
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Hold it. Mr. Teele, you also have an appointment to the Zoning Board. Do you wish
to defer or make your appointment?
Commissioner Teele: I thought that the appointment was Mr. Georges Williams.
Mr. Walter Foeman (City Clerk): Ms. Georges Williams had submitted an application but we had to go
back -out and advertise.
Commissioner Teele: Is it now time to nominate...
Mr. Foeman: He's on the agenda for today. You made an appointment...
Commissioner Teele: May I nominate him now?
Mr. Foeman: Yes, sir.
Commissioner Teele: Boy, we've got more rules than we can't even — we need to eliminate some...
Chairman Plummer: All right. Mr. Teele proffers the name of?
Mr. Foeman: It's not me. It's the...
Commissioner Teele: Williams. Georges Williams.
Chairman Plummer: Seconded by Mr. Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
134 October 26, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-821
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF
THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman GoM the resolution was passed and adopted by the following
vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Mr. Alejandro Vilarello (City Attorney): J.L.?
Chairman Plummer: Mr. City Attorney?
Mr. Vilarello: With regard to the meetings in November and December, you did give us additional time to
the November 16th date but between that and the first meeting in December, it's actually just 14 days. It
might create advertising requirements.
Chairman Plummer: That's fine. You only need 10, OK?
49. (A) DISCUSS FIRE DEPARTMENT'S PURCHASE OF AIR CONDITIONER FOR FIRE
STATIONS (see section # 47)
(B) RESTORE ALL OF THE CUTS THAT WERE MADE FROM CITY DEPARTMENTS AND
AGENCIES, ALONG WITH PREVIOUSLY PASSED MOTIONS NOS. 99-733. 99-734 AND 99-735
WHICH ITEMIZED SAID CUTS.
Chairman Plummer: I now have four/fifths. Item 19, to try to get the air conditioner back on in the fire
station. Mr. Mariano.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. Anyway, this already done. But the only
thing I question is the use of CDBG (Community Development Block Grant) for this purpose, when you got
the fire fee and you have General Funds. Well, I rather see a contemplate this money of CDBG being used
for air condition for the — like the...
Chairman Plummer: Mr. Manager, why are you using Community Development...
135 October 26, 1999
Mr. Cruz: Right.
Chairman Plummer: ...instead of Fire Fee money?
Mr. Donald Warshaw (City Manager): Because those monies are eligible for use in certain areas of the
City, and I'll let the Chief tell you which areas are specifically affectedby...
Chairman Plummer: I don't you need to go any further than that. That answers the question. Did it not
answer the question?
Mr. Cruz: Well, probably is legal...
Commissioner Teele: When was the public hearing on this item?
Chief Carlos Gimenez (Fire Chief): Couple years ago.
Mr. Cruz: When you got the old people have to wait four years to get the air condition at the King High
Towers on the (inaudible) and then people that live at the station one day...
Commissioner Teele: When was the public hearing on this?
Mr. Cruz: .... one day there, and they take two days off.
Commissioner Teele: When?
Chief Gimenez: Couple years ago.
Chairman Plummer: This is the public hearing.
Mr. Cruz: People that live 24 hours, they don't have air conditioning. Why? Why is that?
Chairman Plummer: All right, sir.
Commissioner Teele: No, no, no, no. When was the public hearing on this item and was it advertised as air
conditioners or repair items for the Fire Department?
Chairman Plummer: Yes.
Ms. Warren: Yes, it was, and it was done in'97 and it was a...
Commissioner Teele: -In'97 what?
Ms. Warren: Nineteen ninety-seven.
Mr. Cruz: I don't remember.
Chairman Plummer: You dirty devil. Sit down.
Ms. Warren: This is the same item that was brought up the last time, same resolution, same award, the 23rd
1.36 October 26, 1999
Year.
Chairman Plummer: OK. Item 19, all in favor say "aye." Well, maybe nobody's in favor. We'll go on to
the next item.
Vice Chairman Gott: Question.
Chairman Plummer: Wait a minute. I asked — I closed public discussion. Now, Mr. Gort.
Vice Chairman Gott: OK. Well, I'm not the public. Question: If this was pass, they had public hearings in
'97 —when we had the public hearings in '97, was this projected for the future years or...
Ms. Warren: I'm sorry, sir?
Vice Chairman Gott: When this was projected in'97, was this funds allocated to be used in future years or
do you recall?
Ms. Warren: The way it was done during the consolidated planning process for the 23rd Year, and there
was a resolution — what the Commission did is approved, I think, a sum of four hundred thousand dollars
($400,000) for the improvements to City fire stations within target areas and this was a part of that
resolution.
Chairman Plummer: All right. One more time: Is' there — all people in favor of Item 19 — call the roll.
That's the way I'll do it..
Mr. Walter Foeman (City Clerk): I need a movant and seconder, Mr. Chairman.
Chairman Plummer: The move was by Teele and sec...
Commissioner Teele: No, I didn't move that.
Chairman Plummer: You did move it and Regalado seconded it.
Commissioner Regalado: No.
Commissioner Teele: I didn't mean to move it.
Chairman Plummer: Now, that I've put a call to roll, we're going to do a little shucking and jiving.
Commissioner Regalado: I didn't second it.
Chairman Plummer: All right, then, since neither one of these silent partners — became extremely silent...
Vice Chairman Gott: This is an emergency.
Chairman Plummer: Excuse me..
Vice Chairman Gott: This is an emergency.
Chairman Plummer: Wait a minute, Mr. Gort.
137 October 26, 1999
Vice Chairman Gort: Yes.
Chairman Plummer: Item 19, is there a motion to approve?
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Is there a second? Is there a second? I cannot second a motion...
Vice Chairman Gort: No.
Chairman Plummer: Is there a second for the third time? And hearing none, we're now on Item 20.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele. On Item 20.
Commissioner Teele: The budget was supposed to have been on this agenda. We asked that the budget
item — we, specifically — Mr. Clerk, will you provide the Manager and the Attorney again with instructions
that this — the entire budget of those items that were not dealt with and those deletions that were made were
supposed to have been restored on this budget item, and there was a specific motion and resolution to deal
with that. That is the total budget. Particularly, those agencies that we cut. There's no reason to cut
agencies when you're walking — when you have the funds to do it. The International Trade Board, the
Bicentennial. We agreed to bring those back. Now, one of the items — the item that bothers me more than
anything, Mr. Manager, was the fact that we cut the Fire Department. We cut the Fire Department's budget.
Mr. Warshaw: That was one hundred and sixty-eight thousand.
Commissioner Teele: A hundred and sixty something thousand dollars.
Chairman Plummer: No. That was...
Commissioner Teele: No. We did.
Chairman Plummer: I thought that was Sister City.
Commissioner Sanchez: No.
Commissioner Teele: No, we*didn't do that. We didn't do anything to Sister City. We didn't cut them one
dollar. We just simply held their funds until they do a plan...
Chairman Plummer: You.froze the account.
Commissioner Teele: Until they submit a plan on how the money's going to be submitted. I would again
renew the request that a public hearing, with this being an ordinance, to restore all of the funds that were cut
and that, including the Fire Department, and, specifically, in that we make available the funds that are made
— that are reference to this item. I don't think this Commission has any intent to not vote for the Fire
Department and the fire issues, but the policy issue — because I know this could wind up being a story
tomorrow in "The Herald," that somebody didn't second the motion because of the Fire Department or the
Fire Union. But the issue is, we don't want to see Community Development funds going for internal issues,
138 October 26, 1999
when we have so much need in the community. And that's what this is about.
50. DEFER CONSIDERATION OF PROPOSED EMERGENCY WAIVER OF COMPETITIVE
SEALED BIDS FOR . PROCUREMENT OF FURNrrURE FROM VARIOUS VENDORS FOR
RENOVATION OF CERTAIN FIRE STATIONS.
Chairman Plummer: OK. Item 20. Furniture for Fire Stations, eighty-eight thousand dollars ($88,000). Is
there a motion?
Commissioner Sanchez: There's a motion to deny.
Chairman Plummer: A motion to deny. ' Is there a second to the motion? Is there a second to the motion for
the second time?
Commissioner Teele: Mr: Chairman, I would rather...
Chairman Plummer: Mr. Teele.
Commissioner Teele: ...the Fire Department come by and explain to us why they could not buy that off of a
state purchase order.
Ms. Judy Carter (Director, Purchasing): We did.
Mr. Carlos Gimenez (Fire Chief): We did. We did.
Ms. Carter: We did. And we're here to share with you, sir, that we utilized State of Florida contract
numbers 42505097-1 and 42098.
Commissioner Teele: They were purchase by a purchase agreement?
Ms. Carter: They were purchased — we issued a purchase order utilizing those State of Florida contracts...
Commissioner Teele: But that's not the way it was presented on the agenda before. It was presented as a
sole source. The last time these items were on this agenda...
Ms. Carter: It was presented as an emergency. The City Manager...
Commissioner Teele: As an emergency.
Ms. Carter: Yes, sir. And the City Manager approved the utilization of the State of Florida contract to buy
the furniture. We did, however, utilize informal quotes to procure the biding. There was no biding on the
State of Florida contract.
Chairman Plummer: All right. There is a motion on the, floor to deny. Is there a second for the second
time?
Commissioner Regalado: I'll second it.
Chairman Plummer: Seconded by Commissioner Regalado.
139 October 26, 1999
Commissioner Teele: Motion to defer.
Chairman Plummer: A motion to defer. Does that require a second?
Mr. Alejandro Vilarello (City Attorney): Yes, sir, it requires a second.
Vice Chairman Gort: Second.
Mr. Vilarello: It can be considered during the pendancy of another -motion.
Chairman Plummer: OK. Then, the motion on the floor present and first to be voted is a motion to defer
and it's seconded by Commissioner Gort. Call the roll on the motion to defer. Hello
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-822
A MOTION TO DEFER CONSIDERATION OF ITEM 20
(PROPOSED EMERGENCY WAIVER OF COMPETITIVE SEALED
BIDS FOR PROCUREMENT OF FURNITURE FROM VARIOUS
VENDORS FOR RENOVATION OF CERTAIN FIRE STATIONS).
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Joe Sanchez
ABSENT: None.
Chairman Plummer: What's the vote?
Mr. Walter Foeman (City Clerk): Two to two.
Chairman Plummer: Uh-oh. I vote to defer. All right. Item 22.
Commissioner Teele: Didn't defer it.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Huh?
Commissioner Teele: You saved it. You killed it.
Chairman Plummer: I didn't second it.
140 October 26, 1999
Commissioner Teele: Yes — you saved it because the motion was to kill it.
Chairman Plummer: I'm not in favor of killing it. You, want to defer it? I've always — excuse me. Let's
don't play politics. I'm not — I have always — when a colleague_ asks for a motion to defer. I have always
honored a colleague's request...
Commissioner Teele: And, Mr. Chairman, the reason I asked to defer is that, if it had to be voted on today. I
would join the two persons who are willing to vote to kill it.
Chairman Plummer: OK.
Commissioner Teele: And I think the issue is — the Manager's already approved it, and I just want to -review
-it a little bit closer.
Chairman Plummer: OK. Item 20...
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: There are some people here that...
Chairman Plummer: Sir, let me get finished with this agenda. I've got about another 15 or 20 minutes.
Commissioner Regalado: Sure. But I just want to make sure that you're aware that before we go into
Zoning, there is a...
Chairman Plummer: Absolutely, sir. I will honor your request.
Commissioner Regalado: Thank you.
51. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY, AUTHORIZE
EXTENSION TO CONSULTING SERVICES AGREEMENT WITH MODIS CORPORATION
UTILIZING EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE
(SNAPS), FOR PROCUREMENT OF COMPUTER PROGRAMMING CONSULTING
SERVICES FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, INCREASE
PAYMENT $35,000, FROM $125,000 TO $160,000.
Chairman Plummer: Item 22 is a resolution, four/fifths vote required, with Modis Corporation Computer
Programming Consulting Services. Its an increase,of thirty-five thousand to a hundred and sixty. Is there a
motion? Moved by?
Vice Chairman Gort: Moved.
Chairman Plummer: Gort. Seconded by Regalado.
Vice Chairman Gort: Discussion.
Chairman Plummer: Discussion. Mr. Gort.
141 October 26, 1999
Vice Chairman Gort: Could you explain to us what this will be doing for the whole complex? Are we
doing the whole...
Mr. Dean De Jong: Dean De Jong, Acting Director, GSA (General Services Administration). The reason.
gentlemen, this is an emergency is because of the fact that this particular contract expired at the end of
September and, as a result, the man who had been working with us in creation of the Fleet Management
System and a Work Order System, who was originally hired by Modis, would have walked out the door.
All his expertise would have walked out and the impact on the City, in terms of financial Y2K implications
and all that, would have been just tremendous.
Chairman Plummer: OK.
Mr. Donald Warshaw (City Manager): And I'd just like to add. The whole purpose of this is to enhance our
whole Fleet Management Systems.
Mr. De Yong: Right.
Mr. Warshaw: It's got long-term costs to save us...
Chairman Plummer: All in favor...
Vice Chairman Gort: That's what I wanted you to come to. My understanding is, by utilizing this system...
Mr. Warshaw: Yes.
Vice Chairman Gort: ... we're going to be saving into the...
Mr. Warshaw: Save money in the future.
Vice Chairman.Gort:... Fleet Management. Thank you.
Mr. De Jong: Save money and be certain (inaudible)
Chairman Plummer: All in favor of the Item 22 say "aye."
The Commission (Collectively.): Aye.
Chairman Plummer: Opposition? Show unanimous.
142 October 26, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-823
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, AND
AUTHORIZING AN EXTENSION TO THE CONSULTING
SERVICES AGREEMENT WITH MODIS CORPORATION FROM
SEPTEMBER 30, 1999 TO NOVEMBER 5, 1999, UTILIZING
EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT
PRICE SCHEDULE (SNAPS) CONTRACT NO. 973-584-99-1, FOR
THE PROCUREMENT OF COMPUTER PROGRAMMING
CONSULTING SERVICES FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, AND INCREASING PAYMENT
FOR SAID SERVICES IN THE AMOUNT OF $35,0900, FROM
$125,000 TO $160,000; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 2 TO SAID
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM;
ALLOCATING FUNDS THEREFOR FROM GENERAL SERVICES
ADMINISTRATION, GENERAL OPERATING BUDGET, ACCOUNT
CODE NO.503001.420905.6.340.
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: All right. All of the rest of 28, 29 and 30 and 31 have already been --those were the
appointments, which have been addressed.
143 October 26, 1999
52. URGE PRESIDENT OF UNITED STATES AND GOVERNOR OF FLORIDA TO REVIEW AND
CONSIDER EXTENDING CLEMENCY AND PROVIDING POLITICAL ASYLUM TO ELIGIBLE
CUBANS CURRENTLY IMPRISONED IN THE UNITED STATES FOR ACTS COMMITTED IN
RELATION TO THE LIBERATION OF CUBA FROM COMMUNIST DICTATORSHIP.
Chairman Plummer: Mr. Regalado, do you wish to take up that item that I don't know or items on your blue
copy?
Commissioner Regalado: Mr. Chairman, there is a copy that was distributed by the City Attorney to all the
members of the Commission. Three — a resolution. Done, number 2 and number 3. So, I'm doing number
one now. And this follows Miami -Dade County and Hialeah...
Chairman Plummer: For the record, this was one of the items that was in the Hopper (phonetic) but missed
the actual cut-off date.
Commissioner Regalado: Exactly.
[AT THIS POINT, COMMISSIONER REGALADO READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Commissioner Regalado: This, exactly...
Chairman Plummer: All right. Wait. Hold it. Lets get it on the record. Motion by Regalado. Seconded
by?
Vice Chairman Gort: I'll second.
Chairman Plummer: By Gort. Under discussion. Mr. Regalado.
Commissioner Regalado: Yes. Miami -Dade County and other municipalities have approved this resolution,
and the purpose is to try to reach the Governor and the President for the same treatment that a group of
Puerto Rican prisoners received from the administration in terms of clemency. This is a campaign that is
not only being done in South Florida but throughout the United States, some cities throughout the east and
the west of the country have already approved this or are in the works. So, Miami is the biggest city in the
State of Florida, I guess that is one of the few, that still are not in record on this issue. So, I'm presenting
this resolution to the members of the Commission.
Chairman Plummer: All right.
Vice Chairman Gort: Commissioner Regalado?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I think it's important to state that these individuals -- my understanding is, they have
not committed any acts against the United States, but have been act against the communist Cuba.
Commissioner Regalado: And this is for review of — as a matter of fact, this is one of the things that are
being asked is for transfers so relatives can be close to these prisoners and also the clemency issue, that it's
144' October 26, 1999
up to the federal or the state government: So, this is basically what we are requesting from the Governor
and the President.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-824
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
THE PRESIDENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNOR OF THE STATE OF FLORIDA TO REVIEW AND
CONSIDER THE APPROPRIATENESS OF EXTENDING
CLEMENCY AND PROVIDING POLITICAL ASYLUM TO
ELIGIBLE CUBANS CURRENTLY IMPRISONED IN THE UNITED
STATES FOR ACTS COMMITTED IN RELATION TO THE
LIBERATION OF CUBA FROM COMMUNIST DICTATORSHIP;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE OFFICIALS 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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: All right. Let's do your blue copy. Just for the record, Commissioner Sanchez has
indicated that he will put his off until the next — he had one item and he'll put it off until the next agenda.
Mr. Regalado, I'd like to get you finished up so we can into the Zoning.
Commissioner Regalado: I am — I understand that — I wanted to discuss the Young Explorers Programs, but
I'd like to get with the Manager and...
Chairman Plummer: All right. So that one is deferred.
Commissioner Regalado: ...and explore this. So, that one is deferred.
145 October 26, 1999
Note fnr the Reenrd: Item 4-B was deferred.
Chairman Plummer: All right. Office of Media Relations.
Commissioner Regalado: It's deferred because I understand that Mr. Hernandez is on a leave or something.
Is it...
Mr. Donald Warshaw (City Manager): Sick.
Chairman Plummer: I don't know why, but over this last weekend, in particular, it was off the air most of
the weekend.
Mr. Warshaw: He's been at home sick.
Commissioner Regalado: OK.
Chairman Plummer: Oh, OK. All right. The gentleman has been ill that does it.
Nnt fnr th . R enrd: Item 4-A was deferred.
Commissioner Regalado: Now...
53. URGE FLORIDA LEGISLATURE TO AMEND CHAPTER 419, FLORIDA STATUTES (1997),
TO GRANT LOCAL GOVERNMENTS AUTHORITY TO REGULATE THE SITING AND
ENFORCEMENT OF GROUP HOMES OF SIX OR FEWER RESIDENTS IN RESIDENTIAL
NEIGHBORHOODS CONTAINING A DISPROPORTIONATE SHARE OF GROUP HOMES, OR
WHERE THEY WOULD ADVERSELY ALTER THE RESIDENTIAL NATURE AND CHARACTER
OF THE SURROUNDING NEIGHBORHOOD; EXPRESS GRAVE CONCERN REGARDING OVER -
CONCENTRATION OF GROUP HOMES CURRENTLY SITED' WITHIN LOW-INCOME AND
MODERATE -INCOME RESIDENTIAL DISTRICTS WITHIN THE CITY.
Chairman Plummer: All right. Legislative action.
Commissioner Regalado: This legislative action in reference to Adult Living Facilities. The City Attorney
has already prepared something.
Chairman Plummer: All right.
Mr. Alejandro Vilarello (City Attorney): Commissioner?
Chairman Plummer: City Attorney.
Mr. Vilarello: Before we bring that forward, I had set up a meeting that was cancelled, I believe, because of
the storm.
Commissioner Regalado: Right.
Mr. Vilarello: I'd like to, if it's possible, if we can convene and discuss the issue with you? Although, I
have prepared a resolution, which generally asks the legislature to consider granting local governments the
146 October 26, 1999
right to deny ALFs (Adult Living Facilities) in the community if there is no real concentration in particular
areas.
Commissioner Regalado: I would rather do it now, if that is -possible. Because I think that we need to give
Commissioner Sanchez all the information that...
Chairman Plummer: All right.
Commissioner Regalado: ...he needs for the legislative session.
Chairman Plummer: Read the resolution.
[AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD]
Chairman Plummer: And we're looking at a resolution by Regalado and seconded by Sanchez. Let me say
to both of you. Gentlemen, in the northeast part of my district, it is becoming a very severe problem, as well
as the reproduction of clinics everywhere. They're trying to take advantage of some of these old motels and
things of that nature and let me tell you something: The northeast definitely will back this to the hilt
because that's why I asked earlier today for a review and revision of SD-9, as 'it relates to north of 36th
Street. All in...
Commissioner Sanchez: J.L.?
Chairman Plummer: I'm sorry. Mr. Sanchez.
Commissioner Sanchez: Let's vote on it, but I would just like to, just for FYI (For Your Information)...
Chairman Plummer: All right. All in favor of the legislation on Adult Living Facilities say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
147October 26, 1999
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-825
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
URGING AND ENCOURAGING THE FLORIDA LEGISLATURE TO
AMEND CHAPTER 419, FLORIDA STATUTES (1997), TO GRANT
LOCAL GOVERNMENTS AUTHORITY TO REGULATE THE
SITING AND ENFORCEMENT OF GROUP HOMES OF SIX OR
FEWER RESIDENTS IN RESIDENTIAL NEIGHBORHOODS BY
ALLOWING LOCAL GOVERNMENTS TO DENY GROUP HOMES
OF SIX OR FEWER RESIDENTS WHERE THEIR PROPOSED
LOCATIONS ARE IN NEIGHBORHOODS ALREADY
CONTAINING A DISPROPORTIONATE SHARE OF GROUP
HOMES, OR WHERE THEIR PROPOSED LOCATIONS WOULD
ADVERSELY ALTER THE RESIDENTIAL NATURE AND
CHARACTER OF THE SURROUNDING NEIGHBORHOOD; AND,
FURTHER EXPRESSING ITS GRAVE CONCERN REGARDING
THE OVER -CONCENTRATION OF GROUP HOMES FOR SIX OR
FEWER RESIDENTS CURRENTLY SITED WITHIN LOW-INCOME
AND MODERATE -INCOME RESIDENTIAL DISTRICTS WITHIN
THE CITY OF MIA.MI, RESULTING IN INCREASED DEMANDS
ON ESSENTIAL MUNICIPAL SERVICES SUCH AS POLICE, FIRE,
AND SOLID WASTE, AND CAUSING ADVERSE IMPACTS ON
THE CHARACTER AND PROPERTY VALUES OF THE AFFECTED
NEIGHBORHOODS; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS
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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Just for FYI, it's very prudent that you provide me and Wiley from the
administration — Administrator's Office your package for the Year 2000 Legislative Session. We're
underway now and I think that, for the first time, we are going to have our documents way in advance, and
148 October 26, 1999
we're going to be in a good position to try to bring as much money as we can from the state government. So.
I ask you to please put your packages together, if you have not, yet, and present them either to me or Ms.
Wiley from the City Manager's Office? Thank you.
Noe for the Record: Commissioner Sanchez will need the Legislative Priority List from the Commission as
soon as possible.
54. LEGISLATIVE PRIORITY LIST FOR THE STATE LEGISLATIVE SESSION.
Chairman Plummer: Mr. Sanchez, I'm going to tell you, again. If you can get nothing passed — and I'm only
going to give you one item for the agenda, from this Commissioner, all right? The law relating to
tax-exempt property on profit -making corporations would bring in recurring revenue to this City between
thirty and fifty million dollars ($50,000,000) a year. For a profit -making company to be tax-exempt, in my
opinion, is absolutely, absolutely an insult to the taxpayers who have to pick up the burden, where they are
getting a sweetheart deal. I'm saying to you, sir, that I have been working on for two years. If you can get
any action on there, I'll support it to the hilt. It needs to be done.
Vice Chairman Gbrt: Especially the cemeteries.
Chairman Plummer: Cemeteries, absolutely.
Vice Chairman Gort: That's the most expensive real estate there is.
Chairman Plummer: Hey, I can give you a lot more than cemeteries. I can give you hospitals. I can give
you schools. Nobody is going to touch the senior citizen or Homestead Exemption; nobody is going to
touch churches, but the others are profit -making should be paying taxes.
55. REJECT BIDS IN CONNECTION WITH TIRES FOR THE FIRE DEPARTMENT; ISSUE A NEW
REOUEST FOR PROPOSALS FOR SAME, REVIEW SPECIFICATIONS TO PROVIDE
OPPORTUNITY FOR PREFERENCE TO LOCAL MINORITY VENDORS.
Chairman Plummer: Mr. Regalado, your last item of discussion, minority vendors.
Commissioner Regalado: Yes, sir. Yes. This has been an issue that has been back and forth between some
of the parties and the administration and we — Mr. Manager, we have here just an example. One person that
has been talking to the administration. It's a minority vendor in the City of Miami and we have discussed
this. I have received memos from the administration, and Mr. Olivera — Colonel Olivera is here. And I
would like for him to explain, briefly, what, basically, has been going on in terms of his issues and the
issues of the administration.
Chairman Plummer: If you will, give us your name and mailing address, sir, and take either microphone.
Mr. Humberto Olivera: Humberto Olivera, 1633 Northwest 27th Avenue, Miami.
Chairman Plummer: Congratulations for being in the City.
Mr. Olivera: Thanks a lot. I came here last month and I tried to work with the administration. The contract,
98/99-84. As I explained last time, I won the contract in October 1998 and there was no federal standards
and the City was using those federal standards for two years and they were terminated. Those standards
149 October 26, 1999
eliminate the minor vendors out of the biding system. Finally, the Manager say, "OK. You have to use
CATL. We went to the GSA (General Services Administration) and we talked with the GSA. CATL is a
private company. It's not the federal government. And they charge money in order to get those tires
checked. Finally, after several months, they came back and they prepared this bid, 98/99-84 with all kind of
specifications to throw me out or the minor vendors out of the bid. For the first time in the City, they asked
for only U.S. manufacturers tire. The second one, you have to take all the scrap tires and take it to the dump
and pay for that. They went to CATL again and, finally, the Fire Department, they say, "Only Good Year."
We talked with the administration and they never say anything firm. They say, "Well, 1 think the bid has
problems." And the U.S. manufacturer say "Well, yeah, I see your point." Scrap tires. I say, well. you
know, it's something that we were trying to work out. And CATL, they said, "Well, we need more research
on that." This is the first time, then I wait another two weeks and they haven't answered yet and everything
is delay and delay. The Fire Department, they came back and they say "Well, we have four kinds of tires
but they only bid for one, for Good Year.
Chairman Plummer: You know, this — Mr. Regalado, this is the third time...
Commissioner Regalado: Yeah. But I don't — I just cannot understand why is it that one City Department
just request one brand of tire.
Chairman Plummer: The same reason when the Police Department ordered motorcycles out of the back of
the Harley book, they sent it to Suzuki. Figure that one out.
Mr. Carlos Gimenez: Do you want me to answer? Carlos Gimenez..
Chairman Plummer: Chief.
Chief Gimenez: ...Fire Chief. On this particular biding, we did ask for one particular brand of tire because
that's what we required. We have done some research. We have four different types of tire and, for safety
reasons, you want to have the same tire, same brand tire on any one axle, especially on the bigger trucks that
we have, due to braking and steering, et cetera. We have ordered, in the past, Cooper, Good Year, and those
are the two main tires that we have ordered. But now we also need to start ordering some Michelins
because we've got some trucks with Michelin. As we — we don't replace all the tires on one axle, which that
could be up to four tires on one axle at one time, so we have to have the same tire, the same brand, the same
tire tread on that one axle. That's why we require for — this truck, we require Good Year; for another truck,
we require Cooper; and for another truck, we require Michelins. On this one year, we just required the
Good Year. We will be going out to bid for other tires, you know, depending on the tires that we need on
those trucks.
Commissioner Regalado: But, Carlos, is that bid — Mr. Manager, is that bid already processed or — because
I just don't understand. I cannot understand the fact what you're saying. I understand what you're saying,
that you need the same kind of tire on one axle. So, that's — everybody understands that. But I cannot
understand why you want to buy just first Good Year and, then, Michelin. I mean...
Mr. Gimenez: Because that's all...
Commissioner Regalado: Are we not supposed to...
Chairman Plummer: You know what I don't understand? I don't understand why this matter is being argued
up here, OK?
150 October 26, 1999
Commissioner Regalado: Because it's has not been resolved.
Chairman Plummer: This matter should be argued — no. It was — excuse me. '
Commissioner Regalado: J.L., because it have-not been resolved.
Chairman Plummer:, Tomas?
Commissioner Regalado: And I feel — and I really feel — I don't understand it. I don't understand whj,...
Chairman Plummer: The City Manager is telling me it has never been argued in front of him.
Mr. Donald Warshaw (City Manager): Wait. But let me just say. Excuse me. Commissioner, we have
been meeting with Mr. Olivera. I understand that Raul Martinez and Dean De Jong from GSA have been
meeting and we are looking — and you can correct me if Pm wrong. rve just been told that we are looking at
the standards, at the selection process, at whether or not the tires you're talking about meet our standards.
So, you've brought something to our attention we're not necessarily in dispute with.
Chairman Plummer: We did that at the last meeting.
Commissioner Regalado: No, no. But, Don?
Chairman, Plummer: We did that at the last meeting.
Commissioner Regalado: J.L., look, this is not about him. This is about the whole process. I mean, he
brought some issues to their attention and the administration is now reconsidering some of the issues. But —
and I my question is: What would have happened if this man would not have come forward and said,
"Well, most of the local vendors would have been thrown out. of the system"? That's my point. It's not
about what they got or why they didn't. Because, after all, they don't need the City to live. They are local
vendor, minority, and the issues that he brought to the Commission, I think, makes sense. I mean, I am not
an expert on tires or anything, but what he's saying makes sense. And what he's saying, in terms of saving
money to the taxpayers of Miami, it also makes sense. So, my proposal -will be to start all over again this
process and have them, you know, a plain level field. That's all I'm asking.
Chairman Plummer: Mr. Regalado's motion is to start...
Mr. Olivera: I would like to....
Chairman Plummer: Sir, I'm running the meeting, please.
Mr. Olivera: Yes, sir.
Chairman Plummer: Mr. Regalado's motion is to start the process over again. Is there a second?
Commissioner Sanchez: Well, hold on. Before I do that...
Chairman Plummer: Is there a second?
Vice Chairman Gort: Second for discussion purposes.
151 October 26, 1999
Commissioner Sanchez: For discussion.
Chairman Plummer: There is a motion and a second. Now, the floor is open. Mr. Sanchez.
Commissioner Sanchez: OK. The other people that are on the list, are there any local vendors?
Mr. Olivera: None.
Commissioner Sanchez: None? That's it. That's all I needed to know.
Mr. Martinez: The only vendors are him. He's one of the vendors.::
Chairman Plummer: Excuse me. He asked a simple question. Are there any other minority vendors, yes or
no? I don't need editorial.
Mr. Warshaw: Local vendors.
Commissioner Regalado: Local. Non -minority.
Chairman Plummer: OK. Thank you. The answer is no.
Commissioner Sanchez: That's it.
Chairman Plummer: Now, what's the next question?
Commissioner Sanchez: No, I don't have another question.
Chairman Plummer: Sir, you have the floor.
Mr. Olivera: OK. The first thing I would like to say is...
Chairman Plummer: Everybody likes to editorialize.
Mr. Olivera: ...I have been one year working this item, so I don't know whoever this administrator doesn't
know about that, but' I have been working one year with the GSA, the previous GSA. I provide all the
information; I show the City how to save the money; I told them that DOT is the only thing that is used by
the federal government in the GSA and by the private industry. I have provided all the information. I have
number of meetings with them, but I don't see a solution. The only solution that I see is a specification to
eliminate the last vendor of the City.
Chairman Plummer: All right. There is a motion — Mr. Warshaw.
Mr. Warshaw: A couple of things. Last year we spent, I'm told, around a hundred and fifty thousand dollars
($150,000) with Malado Tire. So, he is a vendor of ours that we use regularly. The other thing is — and 1
commend him for being here. And in answer to Commissioner Regalado's comment about what would
happen if he hadn't been here? There's no question about it, that the departments of this City, at times, state
specifications based upon the needs of the department and oftentimes people come forward and say they
have comparable, either equipment or supplies or what have you. So, there's nothing wrong with the fact
that we're taking a look at that. Now, the Fire Department is saying they need a special tire for a special
axle. If you've got something to offer us that's comparable, we are going to take a look at it. The bids, I
152 October 26, 1999
understand, have expired. We'll start the process over again...
Chairman Plummer: OK.
Mr. Warshaw: And I don't have a problem with that, at all.
Chairman Plummer: Now,,Mr. Manager is editorializing.
Mr. Olivera: Mr. Chairman?
Chairman Plummer: Mr. — sir, for the final and closing remark.
Mr. Olivera: OK. Well, finally, I get a chance. What I saying is it's not to repeat again but eliminate the
specification that eliminate the minor or the minority vendors. And, as I said, DOT is the one required by
the federal government, not the private company. OK. Now...
Chairman Plummer: . Sir, I'm just reading the letter here from — that was sent to Mr. Sabina from Mr.
Warshaw that said, "On September the 28th, Dean De Jong, the Acting Director of General Services
Administration, was to meet with you.
Mr. Oliver: Yeah, but he didn't change position.
Chairman Plummer: "They have agreed to work together to resolve the problem."
Mr. Olivera: He didn't resolve the problem.
Chairman Plummer: Well — all right, We're going to solve the problem because we're going to throw all the
bids out and start anew.
Mr. Olivera: OK. That's good. But the main thing is the specification. Mr. Chairman, the specification is
the way that the minor vendors are always eliminated in the City.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The gentleman is correct. Throwing out the bids doesn't solve the problem. Now, we
either are going to adopt a philosophy here that the Fire Department gets to write its own bid specs and it
gets to write bid specs more exclusive than NASA for the Space Shuttle. I mean, I've gone around and I've
talked to a number of authorities. 1�believe — 1 thought I believed before that we had to have Good Year
tires because we had two Good Year tires on. That's really not the way theother departments are
functioning. The County has said, they don't do that. And I don't see any reason why, if we can't have the
dimensions of a tire, if its a 14 by 106 or — I don't know what tires are anymore. I used to — it's a 14 by 106.
And whether it's — I mean, you could talk about two ply or a four ply or a steel belted or a, you know,
platnum belted, but to specify Good Year or Fire Stone or Michelin, I don't think that really gets us where
we ought to be in terms of the oversight. And, quite frankly, I think this is one of the kinds of examples that
we need to have experts that have no vested interest sitting here at the table. I mean, I wish this man wasn't
here; I wish these people — I wish there were some expert in the City who could come to us and say we've
talked to the St. Petersberg Fire Department; we've talked to the Clearwater Fire Department; we've talked
to Metro -Dade County; we've talked to the U.S. DOT, and here is our professional recommendations.
153 October 26, 1999
Because the problems around here is that all that we hear from is this wonderful gentleman. who wants us to
buy his product, and these wonderful gentlemen, who have a view that we shouldn't be buying anything but
what they want us to buy. And, I mean — you know what this is about. This is about over specifications.
this is about him wanting his specifications or his tires. Now, I don't mean to impugn you, at all, sir.
because I think you're doing the public a great service in bringing it to us. But the point is this: Throwing
out the bids doesn't change the fundamental issue as to whether or not were going to allow the Fire
Department or GSA — I mean, it really should be GSA who's doing purchasing or the Purchasing Director —
to specify, without providing us with a clear documentation and a rational and what an industry standard is.
And that's what I'm looking for. What is the Fire Department's engine standard? Does Fort Lauderdale's
Fire Department specify Good Year tires; Does the Jacksonville Fire — a fire department is a fire
department. And the fact of the matter is, this may be the only Fire Department in the City of Miami but
this is not the only Fire Department in America. It's not the only Fire Department in Florida. And we
should be looking at industry standards and that's the issue. Do we know what the industry standards are
and is there some type of document or memorandum that can help guide this discussion away from this fine
gentleman and away from the Department that clearly has had a history — a long history of specifying? And
I wanted you to know, this is the same department that has — what are those trucks that everybody's telling
me — I don't know a truck from an SUV (Sports Utility Vehicle) from a van. I drive a Sedan. I always have.
I always will. But, apparently, the Fire Department bought some vehicles that the taxpayers are outraged
about. Now, I don't know why. I don't know — is there some big vehicle you all bought that everybody's
saying is like...
Chairman Plummer: We're getting far afield.
Commissioner Teele: Huh?
Chairman Plummer: We're getting far afield.
Mr. Warshaw: I think that was the Tahos, which I think we???
Chairman Plummer: Well, OK. The motion on the floor...
Commissioner Teele: The Tahos?
Mr. Warshaw: There were not extraordinary.
Chairman Plummer: That was the Rolls Royces. The motion on the floor — and I understand what Teele is
saying.
Mr..Warshaw: So do I.
Chairman Plummer: And the reason I understand so well is when my friend called me that sells Suzuki and
sent him a Harley Davidson spec out of the back of the book, asking him to bid, and he can't bid. Now, you
know, this is the same thing. You can limit your bidders by virtue of how you write your specs.
Commissioner Teele: And limiting the bidders, you raise the price.
Chairman Plummer: Oh, absolutely.
Commissioner Teele: That's the point.
154 October 26, 1999
Chairman Plummer: You cut down on your competition. Now, Mr. Manager. I think you understand where
we're coming from.
Mr. Warshaw: I do. .
Chairman Plummer: I think you understand where we're trying to get to. Take us off the horns of.a
dilemma.
Mr. Warshaw: OK. I will tell you right now that the Fire Chief will present to me the specifications. the
need for tires, why they have to be a certain brand of tire, if they have to be a certain brand of tire, if these
tires are suitable, and all the answers to all the other questions you asked. And I don't have any problem
looking at that.
Chairman Plummer: And if you disagree with the Fire Chief, were going to give you the right to go out and
rebid by the motion on the floor. If you don't disagree with the Fire Chief, you're going to so notify us by
memo, in writing, justification of why.
Mr. Warshaw: That's correct.
Chairman Plummer: I don't think we can ask any more than that.
Commissioner Regalado: Right. But, Mr.. Manager, -you have shown that you can work with the people
within the City of Miami, and what I'm asking you is to review those specifications. Because if we're going
to kill the local vendors with the at
quality standard — I mean, it's something that — it will be sad for the
City. So, I would request that...
Chairman Plummer: All right.
Commissioner Regalado: ...before you go out with a new bid, you will try to ,work and change the
specifications.
Chairman Plummer: All right. Motion understood? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show unanimous.
October 26, 1999
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-826
A MOTION REJECTING ALL BIDS RECEIVED IN CONNECTION
WITH TIRES FOR THE FIRE DEPARTMENT; FURTHER
DIRECTING THE CITY MANAGER TO ISSUE A NEW REQUEST
FOR PROPOSALS FOR SAME, AFTER REVIEWING THE
SPECIFICATIONS IN ORDER TO PROVIDE THE OPPORTUNITY
FOR PREFERENCE TO LOCAL MINORITY VENDORS.
Dir ctinn to the City Manager: by Commissioner Teele to consult
with expert(s) in the field of tires for the Fire Department in order that
the specifications are appropriately addressed; further instructing the
Manager to study what industry standards are in other cities.
Upon being seconded by Vice Chairman GoM the motion was passed and adopted by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: This Commission stands in adjournment for five minutes before we start Zoning. Item
16 — we're not closing the regular agenda. We will take Item 16 before we leave tonight, but we will take a
five-minute break prior to starting the Zoning agenda.
56. MANAGER TO MEET WITH REPRESENTATIVES OF EVENT TO BE HELD ON OCTOBER
30"", AT GIBSON PARK, CALLED "YOUTH EXPLOSION"
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: May I ask the Manager, while...
Chairman Plummer: Mr. Teele — Mr. Warshaw.
Commissioner Teele: During the break, could you meet with these fine people on the Youth Explosion?
And I'm not sure what the issue is, but could you have someone that's over there at Gibson Park, and the
event is October 30th?
THEREUPON THE CITY COMMISSION WENT INTO RECESS ' AT 3:37 PM AND
RECONVENED AT 3:47 PM WITH ALL MEMBERS OF THE CITYCOMMISSION FOUND TO
156 October 26, 1999
BE PRESENT, EXCEPT COMMISSIONER REGALADO AND VICE CHAIRMAN GORT.
NOTF FOR THE RECORD: AT THIS POINT THE CITY COMNIISSION CLOSES
CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS
FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.
Chairman Plummer: Ladies and gentlemen, this Commission is now back in session. Ladies and
gentlemen, we're now on the Planning and Zoning agenda. I have three members of this Commission
present. PZ-1.
Ms. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-1 is a Major Use...
Chairman Plummer: All right.
Ms. Slazyk: It's a Major Use Special Permit.
Chairman Plummer: All persons — would everybody listen up, please, right now? Anyone who is intending
to testify today in any Planning and Zoning matter, stand up, raise your right hand and be sworn in,
including attorneys. More so attorneys. Mr. City Clerk. ,
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO.10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Chairman Plummer: Now in Spanish.
AT THIS POINT, THE ASSISTANT CITY CLERK ADM 41STERED REQUIRED OATH (IN
SPANISH) UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON
ZONING ISSUES.
Chairman Plummer: So be it.
57. MAJOR USE SPECIAL PERMIT FOR JACKSON MEMORIAL HOSPITAL PARKING GARAGE
PROJECT AT 1975 N.W. 12 AVENUE (AKA N.W. 19 STREET) (APPLICANT: PUBLIC HEALTH
TRUSTI
Chairman Plummer: Item PZ-1. Approximately, 1975 Northwest 12th Avenue for the Public Health Trust.
It is with approval for conditions of both the Planning and Zoning and the Planning Advisory. It's a new
parking structure with 804 parking spaces. Well, let's ask a very good question, since you have us in court
over the parking surcharge.
Commissioner Teele: Who has us in court?
Chairman Plummer: Dade County.
Commissioner Teele: Not the parking — not the Off— not the Public Health Trust.
Chairman Plummer: Are they not Dade County, Florida?
Commissioner Teele: No, sir.
157 October 26, 1999
Chairman Plummer: All right. So, are you moving this item?
Commissioner Teele: I would, sir.
Chairman Plummer: Is Mr. Sanchez seconding this item?
Commissioner Sanchez: Second.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Wait a minute. All right. Go ahead, sir.
Mr. Mariano Cruz: It's not that easy. I know that it's going to pass anyway but, regardless, I'm going to say
a few things here, as a matter of information. Mariano Cruz, 1226 Northwest 26th Street, that's seven
blocks from that garage there, 19. I live at 26. One of the things I'd like to know for — that's going to impact
my neighborhood there, the garage from 12th Avenue. One thing...
Chairman Plummer: Sir, it should relieve your neighborhood if they're putting in a parking structure to take
804 cars off the street.
Mr. Cruz: OK. Fine, fine. OK. Or Jackson. Let's go to Jackson Hospital, OK. They have — they live —
they are there but they are like people don't know (inaudible) They don't bother with the neighborhood.
Chairman Plummer: Excuse me. Who's playing with these switches? rn get you a rubber ducky. All right.
Mr. Cruz: I would like to know, how many people in my neighborhood are going to be hired to be working
in the construction of this garage and then in the permanent?
Chairman Plummer: Ah, come on.
Mr. Cruz: Yes.
Chairman Plummer: Mariano, we have no idea. Who's the contractor? Ask him.
Mr. Cruz: I have to know. Now, I would like to have an EEO (Equal Employment Opportunity) profile on
Jackson, like Mr. Teele ask many times for different companies and different entities. An EEO profile of
Jackson Hospital to see how many Hispanic people are in the high level authority there. Yeah, because
they...
Chairman Plummer: Sir, we're talking — speak to the issue of parking.
Mr. Cruz: Well, that's — I know that's going to be a problem.
Chairman Plummer: What is — you can speak to the issue of parking...
Mr. Cruz: Can you give me some information of the egress and ingress of this garage?
158 October 26, 1999
Chairman Plummer: Right, that's a legitimate question.
Mr. Cruz: I can talk about that, too. But I'm going to say the other things too because 1 get here. That's the
only chance I get to inform the people that's watching on TV (television) what's going on. The deal that cut
here, especially with many, other...
Chairman Plummer: Sir, you're not going to get any more money for being on TV than if you're not on TV.
Mr. Cruz:. (Inaudible) cost me money to be here.
Chairman Plummer: That's good.
Mr. Cruz: It cost me money to be here.
Chairman Plummer: All right. Answer — his question is...
Mr. Cruz: Let the attorneys, earn their money.
Chairman Plummer: ...show the ingress and egress to this gentlemen, please, so we can move on.
Mr. Cruz: Yeah. Let the lawyer earn the money.
Chairman Plummer: Right.
Mr. Eddy Lamas: Good afternoon. My name is Eddy Lamas. I'm a principal with Carl Smith Cardino.
We're the architects/engineer for the garage.
Chairman Plummer: Fine, sir.
Mr. Lamas: OK. The egress and ingress of the garage is right off l9th Street, which is a private street.
Chairman Plummer: Thank you, sir. Next question:
Mr. Cruz: Next question. Like I saw in the problem of Michael Putney (phonetic) this week in South
Florida, how are they taking care of the — with a hundred and twenty million they got at Jackson or the poor
people that go to...
Chairman Plummer: That's not related to parking.
Commissioner Teele: That's not related to this, Mr. Chairman.
Chairman Plummer:. That's all right. Do you have any other questions that you would like to get on TV?
Mr. Cruz: When they go to Jackson, are they always using 12 — loth Avenue, this eight hundred cars or
they bringing them by helicopter there to the parking garage?
Chairman Plummer: Well, I think foolish questions, we don't answer because I can't remember...
Mr. Cruz: They using my neighborhood.
159 October 26, 1999
Chairman Plummer: 1 can't remember the last time they brought a car by helicopter to Jackson Hospital.
All right. Thank you very much. And the next time you get on TV, please pay for the commercial. The
motion is to approve. All in favor say "aye."
[AT THIS PONT, VICE CHAIRMAN GORT ENTERED THE COMMISSION CHAMBERS AT 3:49
PM]
Chairman Plummer: Wait a minute. Mr. Gort.
Commissioner Teele: Mr. Chairman, Commissioner — Oh, OK. I didn't know you were here.
Chairman Plummer: No, no, no.
Vice Chairman Gort: I have a couple of questions. My understanding — I apologize for walking in late.
But my understanding is, Jackson does not have any problem with the surcharge on the parking?
Chairman Plummer: Well, I asked that question and it was said by Commissioner Teele that it wasn't the
hospital.
Commissioner Teele: Mr. Chairman, the question was, is Jackson a part of the lawsuit? Jackson is a legal
entity. Their budget is approved by the County. But they're just like Off -Street Parking is to us. They have
their own board; their own identity. They have not been a party to this lawsuit, to my knowledge. Mr.
Attorney, you can correct the record if it's wrong. The employees of Jackson have raised very real and
probably the most organized opposition. They've given us petitions, which we've taken note of. But the
management of Jackson has said they are not going to — at least they've said to me, they will not be a part of
that. The fact is, is that we need this parking garage to help our revenue collection. Mr. Chairman, all along
12th Avenue — we've asked the Public Works Department — who's the Manager — Assistant Manager that
oversees Public Works?
Commissioner Regalado: Raul Martinez.
Commissioner Teele: Right now, if someone drives over there on 12th Avenue between 11 Street,. in front
of Winn Dixie, the entire area is littered with cars of people from Jackson that are parking all along the
residential areas there. Unless and until we get parking lots, its not fair to go out there. with boots and start
booting people. But I'm going to say this: We need to get these parking garages built so we can stop these
cars from, literally, destroying the neighborhood. And, Commissioner Gort, you have the same problem
throughout your district.
Vice Chairman Gort: Commissioner Teele, I don't have any problem with that but, at the same time, I
would — like you stated before, we should have standard, all across, so everything that takes place within
this City — and the question is to the developer is, are you going to try to hire people within the
neighborhoods? And you have two neighborhoods in there that the unemployment rate is very high to the
east and west and north of it. So, my recommendation is that, when you talk to your developers is, please
try to hire as many people as possible within the area.
Commissioner Teele: Or sign a First Source Agreement.
Chairman Plummer: OK. Are we ready for the vote?
160 October 26, 1999
Commissioner Teele: Well, Mr. Chairman, I would like to know — Commissioner Gort has raised an
interesting question. Would the developer be prepared to sign an agreement that they will work with the
City of Miami to provide jobs to the people of Allapattah, where this facility is going to be built?
Chairman Plummer: Make it part of the motion.
Ms. Vicky Garcia Toledo: For the record, Vicky Garcia -Toledo on behalf of Jackson Memorial Hospital. 1
am accompanied here today by the architect, Eddy Lamas from Carr Smith. In our MUSP (Major Use
Special Permit) book there is, in fact, a section of the MUSP that is dedicated to Jackson's commitment to
the City of Miami and its surrounding neighborhoods. This matter will be a matter that will be put for
public bid for the actual construction, but the contracts from the government entities normally include the
requirement that they hire First Source, the neighborhood and the City in which it is located. So, I think the
answer is yes.
Vice Chairman Gort: OK, good. And my suggestion is, we have a WAGES program that is taking place in
there and they're training a lot of people, which it will not cost them any — and they live within the area, so it
will be a lot better for you all. Thank you.
Ms. Garcia -Toledo: Thank you.
Vice Chairman Gort: We're ready.
Chairman Plummer: All right.
Commissioner Sanchez: Call the question.
Chairman Plummer: Motion is to approve, subject to the conditions outlined. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous vote.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-827
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR
USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR JACKSON MEMORIAL
HOSPITAL NORTH PARKING GARAGE PROJECT, TO BE
LOCATED AT APPROXIMATELY 1975 NORTHWEST 12TH
AVENUE, MIAMI, FLORIDA, AND TO BE COMPRISED OF NOT
MORE THAN 804 PARKING SPACES ON FIVE (5) LEVELS AND
INCLUDING A PEDESTRIAN BRIDGE OVER A PRIVATE ROAD
(A/K/A NORTHWEST 19' STREET); 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.
161. October 26, 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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
58. APPROVE CLASS H SPECIAL PERMIT -FOR SIGN OF GRAPHIC OR ARTISTIC VALUE
(MURAL / COMMERCIAL) AT 100 NORTH BISCAYNE'BOULEVARD [applicant: David Garfinkle
for NWT Partners, AK Media Group]
Chairman Plummer. Item 2. One hundred North Biscayne Boulevard. It is by the Zoning Board's approval;
the Review Board's approval. It's a mural containing a commercial message.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. Each of you got this handout in your
package that shows...
Chairman Plummer: All right. What are we supposed to be doing? Are we supposed to pick one of the...
Ms. Dena Bianchino (Assistant City Manager): The staff is recommending...
Ms. Slazyk: We're recommending alternative five versus alternative...
Chairman Plummer: That's fine, you can recommend anything you want. We might want something else.
Ms. Slazyk: Yes. These are in your package for you to...
Commissioner Teele: You know what, Mr. Chairman? You know, in light of Merritt Juliano's activities, I
think we really ought to be careful. I would prefer to approve it and let the Manager — let the developer
submit the one that he would like. 1 don't...
Ms. Bianchino: This one...
Commissioner Teele: Well, I don't know if...
Ms. Bianchino: This is the one proffered by the — this is the one they want, the first one on your...
Commissioner Sanchez: And I want to be very...
Ms. Slazyk: I'm sorry. I'd like to add something, too.
162 October 26, 1999
M
Commissioner Sanchez: Yeah, but wait.
Commissioner Teele: But I want to speak to the principal. I don't care if the censor of art is the
Commission, the Mayor or ,the Manager. I think we ought to say it has to be tasteful: If you give us
samples, we'll approve all of the samples. But I would be much— if you want to take a sample out. that's I
could live with that. But I don't think we ought to tell people exactly what kind of art to do. I mean, there is
— once we start down that slippery slope, we're...
Chairman Plummer: It's censorship.
Commissioner Teele: Huh?
Chairman Plummer: It's censorship.
Commissioner Teele: It's censorship. And — well, I mean...
Chairman Plummer: All right.
Commissioner Teele: ... we have certain rights; we have certain obligations..
Chairman Plummer: Mr. Teele, make me a motion.
Commissioner Sanchez: No, Mr...
Commissioner Teele: I would move that — well, let me defer to Commissioner Sanchez.
Chairman Plummer: Mr. Sanchez.
Commissioner Teele: I would prefer, if there is something that everybody finds — that the management
finds objectionable, that we remove that and we return the rest of them to them, if any of those that they
would like to do with an artistic, tasteful presentation.
Chairman Plummer: Is that a motion?
Mr. Joel E. Maxwell (Assistant City Attorney): Mr. Chairman?
Commissioner Sanchez:. Now, Mr. Chairman....
Chairman Plummer: Now, hold on. Is that a motion?
Commissioner Sanchez: Well, when you want to let me talk, you let me know.
Commissioner Teele: If the attorney will allow me to make it?
Chairman Plummer: Sure, you can make it. Why can't you?
Mr. Maxwell': I would like to put something on the record before you actually vote on that, Commissioner.
Vice Chairman Gort: Commissioner Sanchez wants to speak.
163 October 26, 1999
Chairman Plummer: All right. All right. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I agree with Mr. Teele on some issues. And let me just state to
you: This will be put on the side of a building that's going to be seen from both major areas of downtown.
After reviewing all five, I'll tell you one thing. There is one or two in here that I will not support to be put
up on the side of a building, especially the number one that they picked with this lady with just a leaf
covering her breasts. There is no way that I, as a Commissioner, would approve such a thing to be put on a
building. If you consent...
Commissioner Teele: Would you object if that were a picture of Eve in the Great Book?
Commissioner Sanchez: Art, I'm not even going to touch that,
all right? But I'll...
Chairman Plummer: Wait a minute. You better talk about Adam or he's going to get accused.
Commissioner Sanchez: OK. And it's just a concern that I have, both as a Commissioner, as a parent, and
as somebody who cares about the community.
Chairman Plummer: All right.
Commissioner Sanchez: You know, J.L., rve said very few words today.
Chairman Plummer: Oh, OK.
Commissioner Sanchez: Very few.
Chairman Plummer: Go ahead.
Commissioner Sanchez: So, you can't blame me for taking control of the mike.
Chairman Plummer: No. I'm sorry.
Commissioner Sanchez: OK.
Chairman Plummer: I was asked by the administration to ask...
Commissioner Sanchez: But when there's...
Chairman Plummer: ... them which one they wanted, and I spoke out of turn.
Commissioner Sanchez: But when there is an issue, such as this one — and you say, well, you know, let's
put the one that they want and censorship .and stuff. When it comes to this, we are the legislative body.
You put this film out there, you're going to have local churches and local groups complaining about this
picture. There is no doubt about it. The people will complain about this picture because it sends the wrong
message and right now we can't afford to be sending bad messages. The other ones — I mean, there's some
in here that I could see as being OK. But this one, forget this one either. You know, I...
Chairman Plummer: Somebody make me a motion.
164 October 26, 1999
Commissioner Sanchez: A motion for what?
Vice Chairman Gort: Excuse me. Wait.
Commissioner Sanchez: A motion for what? There's three that I would approve. There are three right here
that I would approve. I will not approve anything that shows any type of nudity or close to it. obscene.
untasteful. I will not put that on.any building on this city.
Chairman Plummer: For the record, mark them one, two and three, and those are the.ones that you will
approve. Mr. Gort.
Vice Chairman Gort: I agree with Mr. Sanchez. I think there's two that wants to be eliminated.
Chairman Plummer: So do we.
Vice Chairman Gort: We'll eliminate those two and (inaudible) three more. That's it.
Chairman Plummer: But let's move it.
Commissioner Sanchez: All right. Motion to...
Chairman Plummer: Mark it one, two and three.
Vice Chairman Gort: They're already marked.
Commissioner Sanchez: I'm going to make a motion.
Commissioner Teele: But in fairness to the public, I think you should at least let the public see all five of
them, if you're going to censor it. I mean...
Chairman Plummer: Excuse me. I'll give the public all five of mine, all right. I'm not trying to...
Commissioner Sanchez: I would support two, four and five.
Mr. Maxwell: Excuse me.
Chairman Plummer: That's the motion. Mr. Maxwell.
Mr. Maxwell: I'm very concerned that the message that may be going out right now is that the decision that
you're about to make is an arbitrary and capricious one. The statements you've made about censorship and
so on are troubling. In order to make a decision on this, you need to...
Vice Chairman Gort: I have a motion.
Mr. Maxwell: Excuse me, Commissioner. You are sitting in a quasi-judicial capacity.
Chairman Plummer: Excuse me. Mr. Maxwell, you do not override a Commissioner who wishes to speak.
Mr. Maxwell: Yes, sir. I stand corrected.
165 October 26, 1999
Vice Chairman Gort: No. Let him...
Chairman Plummer: Mr. Gort, you have the floor.
Vice Chairman Gort: I'll listen to the attorney. I'll let him finish. Sony.
Mr. Maxwell: Thank you, Commissioner. And I apologize, Commissioner, for that (inaudible) of mine.
You do have standards and criteria. This item has been to the Urban Development Review Board. There's a
rec — they reviewed it. There's a recommendation to you from them, as well. You have the
recommendation of staff. As Commissioner Teele pointed out, you could very easily say you approve of all
of them and you let them select the one you want. But it's important that, when you make your decision,
that it doesn't appear that you're randomly picking one without reference to your criteria.
Chairman Plummer: All right. Do I have a motion on the floor, Mr. Clerk?
Vice Chairman Gort: My motion is, I think the applicants are very intelligent applicants. I think they have
realized what we have stated here and they volunteer their choice and they'll select the one they think is best.
Chairman Plummer: What number is that, sir?
Mr. Nick Gutierrez: The numbers have changed, Mr. Commissioner. So, this is — there's not one set of
numbers. This is the one that we have selected. We'll make it easier for you.
Chairman Plummer: All right.
Ms. Slazyk: That's number three in your package.
Chairman Plummer: Slow down. Is that, Mr. Teele — I'm song — Mr. Sanchez, the one that. you're
concurring with?
Commissioner Sanchez: Teele, do you like that one, Teele?
Commissioner Teele: You know, I'm going to tell you something. This is being treated very lightly and we
really shouldn't take ourselves too seriously. But there's a bigger — much bigger issue here and when
government starts to censor and say what the public can see, I've got tell you something: For years I used to
look at that Copper Tone Kid with the dog that hit him — you know, bit him and I've got to tell you
something: It grew on me. But when I first saw it, I thought it was inappropriate. I really did. But, you
know, I don't think government should try to censor things that are clearly artistic expressions; things that,
you know -- and whether you like the fig leaf or you don't — and I told him when I saw it, I said, I don't like
this. I think it should be a palm leaf = a palm tree branch over it. I mean, it looks like some branch out of
north Georgia. But, you know, J.L., you've been around here a long time and the most successful ad
campaign that has ever been in the history of Miami, other than Jackie Gleason's helicopter flying over
panning Miami Beach was "Miami See It Like A Native" and it was — you know, and the Commission went
crazy; they banned it, you know, for Reggae speeches and home leaders and prayers and you know what? It
was the successful advertising campaign in the history of Miami. One of the most successful. And it was a
woman who had no clothes on the top and all you could see was her back and it said, "Miami See It Like A
Native." And then, after awhile, you know, everybody had their own view of what it meant, and that's really
what art is about. It really allows people to give their own interpretations. I am comfortable if
Commissioner Sanchez wants to withdraw one or two from the...
166 October 26, 1999
M
Chairman Plummer: All right.
Commissioner Teele: ... panel.
Chairman Plummer: Here. Bring it to me.
Commissioner Teele: And I would second his motion. But I don't want us to approve one item...
Chairman Plummer: All right.
Commissioner Teele: ... because I think it sends a precedent.
Chairman Plummer: All right. Is this one agreeable to everybody? OK. I am putting on this one "OK.
J.L." This is what we're voting on, all right?
Commissioner Sanchez: So moved.
Chairman Plummer: All right. All in...
Commissioner Sanchez: OK. I had a motion. I withdraw my motion. So move that one.
Commissioner Regalado: But — excuse me. This — no, no, no. Just want to clarify the record because I
agree with Commissioner Sanchez and Commissioner Teele. This is the one that was chosen by the
developer?
Mr. Gutierrez: Yes. There's no choice. And we'll make it easier for the Commission. Nick Gutierrez, for
the record, representing AK Media. Our client has chosen, mindful of community concerns, mindful of not
putting this Commission in ari awkward. position and mindful that the Urban Development Review Board,
although it did choose one, it did approve, under the factors analysis of the Dade County Art in Public
Places, it approved all of them. Willy Bermayo compared it to a Maltese versus a Picasso versus a Vango.
So, we're comfortable that all of them fall within the Dade County ordinance of Art in Public Places. We
have made it easy for you. We've chosen one, which the Commissioners have now labeled as number one.
Chairman Plummer: And how long will this be in place?
Mr. Gutierrez: For one year.
Chairman Plummer: One year. OK.
Mr. Gutierrez: Starting almost immediately.
Chairman Plummer: Anything after a year has to come back before this Commission.
Ms. Slazyk: It has to get renewed, yes.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
167 October 26, 1999
Chairman Plummer: Oppose? Thank you. It passes unanimously.
Mr. Gutierrez: Thank you.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-828
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE RECOMMENDATION OF THE DIRECTOR OF
THE PLANNING DEPARTMENT FOR ISSUANCE OF CLASS II
SPECIAL PERMIT APPLICATION NO. 99-0142, SUBJECT TO THE
CONDITION THAT THERE SHALL BE NO WRITING PERMITTED
WITH THE MURAL AND OTHER CONDITIONS AS
RECOMMENDED BY THE PLANNING, DEPARTMENT, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 100 NORTH
BISCAYNE BOULEVARD, MIAMI, FLORIDA, PURSUANT TO
SECTION 401 OF ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED.
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: Commissioner Arthur E: Teele, Jr.
ABSENT: None.
59. CONTINUE CONSIDERATION OF PROPOSED VACATION AND A CLOSURE OF A PORTION
OF 1401 N.W. 16 STREET. 1469 N.W. 16 STREET, 1440 N.W. 17 STREET. 1468 N.W. 17 STREET
AND 1641 N.W.. 15 AVENUE FOR DEVELOPMENT OF PARKING LOT) AND PROPOSED
SPECIAL EXCEPTION TO ALLOW EXCESS PARKING FOR EXISTING HEALTH CLWIC AT
1600 N.W. 14 AVENUE IN ORDER TO ALLOW CHAIRMAN PLUM IER THE OPPORTUNITY TO
VISIT SAID PROPERTY.
Chairman Plummer: Item 3. Official vacation enclosure of public right-of-way by Cedar's Health Group.
How many square feet are they...
Commissioner Teele: For the record...
Chairman Plummer: I'm sorry.
168 October 26, 1999
Commissioner Teele: Mr. Chairman?
Chairman,Plummer: Mr. Teele.
Commissioner Teele: For the record, I'm voting no on it, not because I'm opposed to it but because I realIN
don't think that we should establish the precedent of selecting, particularly when our committee, the Urban
Design, approved a different one and now — I mean, it really does start us down a slippery slope and I don't
want to debate it now. So, I'm just voting no on the principle that I don't think we ought to be approving it.
I would have approved all five of them and let you select the one you want.
Chairman Plummer: All right. Mr. Kay, how many square feet are they trying to steal from the City?
Mr. Jim Kay (Director, Public Works): the vacation enclosure is for six thousand twenty square feet.
Chairman Plummer: Six thousand and twenty?
Mr. Kay: Of public right-of-way.
Chairman Plummer: All right, sir. And about what is a square foot of property worth over there?
Mr. Kay: I think it's, approximately, about twenty dollars ($20).
Chairman Plummer: Twenty dollars ($20) a square foot. And let's see, that's four zero — that's one million
two hundred — no. Hundred and twenty thousand four hundred. All right, sir. Yes, sir.
Mr. William Sklar: Mr. Chair, Commissioners, William Sklar on behalf of Cedars Healthcare at 1400
Northwest 12th Avenue.
Chairman Plummer: Yes, sir.
Mr. Sklar: This is an approximate 3.1 acre site. Let me first indicate, items three and four on your agenda
are directly related and this has and is the employee parking lot, primarily servicing Cedar's and its medical
facility. Over 350 employees park there. They have been parking there for more than twenty — I'm told,
actually, more than 25 years. The alleyways sought to be vacated on agenda item number three are wholly
located on the property. They're alleyways as a result of a 19/13 plat. Effectively, those alleyways — and
they're 10-foot alleyways, which are only on the property. They do not service nor have they serviced for
more than 20 years and probably longer any other properties Northwest 16 Street, Northwest 17th Street, to
the north. The point is that those — this is a vacation being sought relative to our continued use of this
property for parking. What this stems from, very briefly, is as a result of Code Enforcement requesting
improvements on the property, substantial landscaping, street lighting, paving. We were required to come
back before this Commission, before the Planning and Zoning Board, to get a special exemption, which is
item number 4.
Chairman Plummer: All right, sir. Let me ask you a question. Are you in a position to volunteer some kind
of a contribution in lieu of the property that you're trying to acquire?
Mr. Sklar: Unfortunately, we are not.
Chairman Plummer: All right, sir.
169 October 26, 1999
Vice Chairman Gort: Let me tell you. I go through there every morning and that has been used illegally for
the last five, six, 10 years. Never been in compliance with Code. I think the City is being very good to you
all, and that should have been done a long time ago. And one of the reasons being done right now because
we're trying to bring our neighborhood back and we're doing a lot of Code enforcement, not only to you but
to everyone. And we even getting residents — and a lot of complaints from the residents of the businesses.
If you go to Produce Market today, you'll see some changes that have taken place in the last few years and
that's because of Code compliance, and we need to do that in order to bring our neighborhoods back and
forth. What we're looking for is to try to go back and — right now we had a study done for the Produce
Market, which study we had — traffic study, which is going to help you also. Now, what we need to do is
implement that study. So, any funds that you can volunteer to that study would be welcomed.
Mr. Sklar: Commissioner Gort, first of all, we agree with you and are fully attempting to work with Code
Enforcement. That's why we have the plans that have been submitted and agreed to all conditions, as to all
substantial improvements that have been requested, which will relieve overage parking on Northwest 16th
Street. Right now the parking condition, I believe, you're partially complaining of...
Chairman Plummer: Excuse me, sir. I'd like to go out and see it. Let's defer it. And I'd like to go out and
personally look at this property. And I would ask my colleagues, please, to defer item 3 and 4 at this time.
Is there a second?
Vice Chairman Gort: Second.
Chairman Plummer: All right. Motion is to defer Item 3 and 4, so that I can go out and physically look at
the property, which I think I need to do. Because he's talking about making improvements but, as I see it,
those improvements are for their benefit. So — all right.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): To a date certain.
Chairman Plummer: I'm certain — a date certain would be in December, which is the 7th. The afternoon of
the 7th. OK. All in favor of the deferment say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-829
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-3 (PROPOSED VACATION AND A CLOSURE OF A PORTION
OF 1401 N.W. 16 STREET, 1469 N.W. 16 STREET, 1440 N.W. 17
STREET, 1468 N.W. 17 STREET AND 1641 N.W. 15 AVENUE FOR
DEVELOPMENT OF PARKING LOT) AND ITEM PZ-4 (PROPOSED
SPECIAL EXCEPTION TO ALLOW EXCESS PARKING FOR
EXISTING HEALTH CLINIC AT 1600 N.W. 14 AVENUE) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR
DECEMBER 7, 1999, IN ORDER TO ALLOW CHAIRMAN
PLUMMER THE OPPORTUNITY TO VISIT SAID PROPERTY.
170 October 26, 1999
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
60. FIRST READING ORDINANCE: AMEND 10544, THE.COMPREHENSIVE NEIGHBORHOOD
PLAN, BY CHANGING LAND -USE DESIGNATION. FOR"_'
OR_ PROPERTIES AT 1800 NORTH
BAYSHORE DRIVE AND 1825-1837 N.E. 4 AVENUE FROM HIGH.DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED COWyIERCIAL. [APPLICANT: ADER PROPERTIES]
Chairman Plummer: Item 5 is 1800 North Bayshore Drive, 1825 and 1837 Northeast 4th Avenue. This is
for the purposes of what?
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-5 and 6 are companion Land Use and
Zoning Amendments from medium density — high density multifamily residential to restricted commercial
for the land use and from R-4 to SD-6...
Chairman Plummer: All right. Basically, tell me, what are they trying to do?
Vice Chairman Gort: Two hundred units per square...
Ms. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo.
Chairman Plummer: I didn't ask you.
Ms. Garcia -Toledo: Oh, I'm sorry.
Ms. Slazyk: What are they trying to do?
Ms. Slazyk: What they're trying to do is up the zoning to SD-6, like Mr. Hollow did on the Miramar Park...
Chairman Plummer: Across the street?
Ms. Slazyk: That's correct. This is going to start filling in the rest of that circle with similar land usage
zoning.
Chairman Plummer: And why would you recommend that to make it uniform?
Ms. Slazyk: Well, SD-6 right now allows another Omni, the way SD-6 is written. What we're looking for
in this Circle is residential, an office or hotel -type uses, but SD-6 allows free standing retail. And, in this
particular circle, it fronts Pace Park, we're concerned about that. The applicant has proffered a covenant at
171 October 26, 1999
the Zoning Board level, which she will explain to you.
Chairman Plummer: Explain it.
Ms. Garcia -Toledo: We will proffer a covenant that the use of this property -will be only for residential and
that any retail will be strictly for the tenants or owners in the building.
Chairman Plummer: Accessory use.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Let me tell you — if I may, Mr. Teele. At T-Board Hallows Groundbreaking or -1'm
sorry. At his dedication, he indicted to me — what was it, 400 and some units? Almost 80 percent of those
units' were, in fact, already rented. But what I couldn't believe is that those units started at 450 a month.
That was hard for me to believe. And if we need anything is we need is housing. Mr. Teele, you have the
floor, sir.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Yes, sir.
Commissioner Teele: I have a strong disagreement with what we're doing here.
Chairman Plummer: All right, sir.
Commissioner Teele: A very strong disagreement. First of all, what does Mr. Hallow have right next door?
Ms. Slazyk: He has SD-6.
Commissioner Teele: And what is it — what is your objection to this application having SD-6?
Ms. Slazyk: There is no objection, as long as the covenant were to be accepted by this Commission.
Commissioner Teele: Do you have a covenant by Mr. Hallow?
Ms. Slazyk: Yes, we do. The exact same covenant that they're proffering here. The problem with the
covenants is, the only body allowed to accept them is the Commission. So, we can't consider it in our
recommendation.
Commissioner Teele: But let me tell you what — let me tell you where I am. I don't want the covenant,
personally. You see, if this area were — I've spent the last 18 months, every day almost — I should — better
be careful here — in that park.
Chairman Plummer: You play me like you play hockey, right?
Commissioner Teele: For those of you who don't know, that park is not necessarily desirable in the
afternoon, but were working on it. But wearing the other hat, as Chairman of the Redevelopment Authority
for the Omni for this area, and when I was 30 pounds lighter, I used to exercise in that park.
Chairman Plummer: And 10 years younger.
172 October 26, 1999
Commissioner Teele: And 10 years younger. 1 used to exercise in that park every day. There is no reason
that we would restrict commercial development in that area right now. You know, the area is the Marriott.
the Grand, you have a huge parking lot there that serves, in effect, the Women's Club, a park; you have
across the street the Omni; you have the Miramar, and you have, essentially, no residential housing at all in
there. The logical development, commercial development, is along this boulevard. It's along Bayfront. You
know, and the fact of the matter is, having a park of the magnitude of the Margaret Pace Park limits density
immediately. What we need is more commercial activity in this area.
Ms. Slazyk: What we're afraid of is a free-standing retail -type development. If the covenant were to be
modified...
Commissioner Teele: But just tell me this.
Ms. Slazyk: ...to say mixed use, it would be acceptable.
Commissioner Teele: Tell me this. Why do you fear a free-standing development in that area in front of —
directly in front of a park, directly next to or within walking distance of the Marriott, the Grand, the Omni?
Why do you favor that? I mean, why are you afraid of that?
Ms. Slazyk: Well, what we — what the downtown master...
Commissioner Teele: I'll tell you what my issue is. My issue is trying to increase the tax base of the City of
Miami. And the difference between residential and commercial is night and day in terms of the tax base.
First of all, everybody's got a twenty-five thousand dollar ($25,000) exemption. Now, we're getting ready to
add another twenty thousand dollar ($20,000) exemption. I mean, to me, I don't think we should have that
covenant. I think we ought to be encouraging commercial development in that area. That is one of the few
areas where we have the potential of building, in effect, like a Brickell corridor, right? Because it curves
right around the Biscayne Boulevard. Now, I know that you've got some apartments around that bend, but
even there you're separated, literally, geographically, by the turn in the road.
Chairman Plummer: What is your motion?
Commissioner Teele: My motion is to accept the application, without the covenant, and allow for
commercial development in this area, if that's what the marketplace wants.
Chairman Plummer: Is there a second?
Vice Chairman Gort: I'll second for discussion.
Chairman Plummer: Second. Gort for discussion.
Vice Chairman Gort: What is your fear of the retail business? At one time, I remember we tried to establish
in that area, especially in the Circle, we started to establish the sidewalk cafes instead of using the old
houses in there. At the same...
Ms. Slazyk: We believe that that should be part of a mixed use development. Now, when we say
commercial, we don't mean hotels and offices. We would like to see mixed uses of hotels, offices,
residential, with ground floor commercial and cafes and that sort of thing. We don't want another Omni
mall. And with an SD-6, you could get another Omni.
173 October 26, 1999
Commissioner Teele: Yeah, but what's wrong with their being an Omni right — you know what, if you had
an Omni there, you would create, in effect, a South Beach effect there. We're getting read)' to spend — we
just approved two and a half million dollars ($2,500,000) for a park there and none of that park money is
going to generate taxes.
Chairman Plummer: All right. Mr. Teele?
Commissioner Teele: You have the Omni a half a block away; you have the Grand a half a block away-, you
have the Marriott a half a block away. The only thing that stands between them and that is the Miramar,
which is a — how many stories?
Ms. Slazyk: Residential.
Commissioner Teele: Thirty...
Ms. Slazyk: Thirty-four.
Ms. Garcia -Toledo: The Miramar is 34, I believe.
Ms. Slazyk: Yeah, thirty...
Chairman Plummer: Thirty-two.
Commissioner Teele: Thirty-two, 34 story. And the Women's Club. And the fact of the matter is, the
Women's Club is a commercial — it's used now by a college and would you have a tremendous commercial.
That area could be a second South Beach if we do what we're supposed to do in the park. And that — in fact,
the owners of the new club over there are owners from South Beach. I just think we're, unnecessarily,
limiting the development in an area that's clearly ripe for development.
Chairman Plummer: And I think we all agree. Read the ordinance, without the Covenant.
Mr. Joel Maxwell (Assistant City Attorney): You got the vote? You got the maker of the motion?
Chairman Plummer: The motion is to approve Item PZ-5 without the covenant.
Mr. Maxwell: An ordinance of the Miami...
Chairman Plummer: And I can't imagine that the applicants would want any problem of the covenant being
removed.
Ms. Garcia -Toledo: We are submitting our application to your pleasure.
Chairman Plummer: So be it. Read it. Call the roll.
174 October 26, 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 1800 NORTH BAYSHORE
DRIVE AND 1825-1837 NORTHEAST 4T" AVENUE, MIAMI, FLORIDA.
FROM HIGH DENSITY MULTIFAMILY 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.
was introduced by Commissioner Teele, seconded by Vice Chairman Gort, and was passed on first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
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.
61. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 BY CHANGING
ZONING DESIGNATION AND ATLAS FOR PROPERTIES AT 1800 NORTH BAYSHORE DRIVE
AND 1825-1837 N.E. 4 AVENUE FROM R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO
SD-6 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS [APPLICANT• ADER PROPERTIES]
Chairman Plummer: PZ-6 is an accompanying item. Moved by...
Commissioner Teele: Teele.
Chairman Plummer: ...Teele.
Vice Chairman Gort: Move it.
Chairman Plummer: Seconded by...
Vice Chairman Gort: Gort:
Chairman Plummer: ... Gort. Read the ordinance. Call the roll. Go away and sin no more.
175 October 26, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 23 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM
R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICTS FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1800 NORTH BAYSHORE DRIVE AND
1825-1837 NORTHEAST 4' AVENUE, MIAMI, FLORIDA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Vice Chairman Gort, and was passed on first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
62. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 BY CHANGING
ZONING AND ATLAS FOR PROPERTIES AT 2600 AND 2612 S.W. 1 STREET AND 2601 AND
2611 S.W. 2 STREET TO ADD SD-12 BUFFER OVERLAY DISTRICT (FOR PARKING LOT
ADJACENT TO COMMERCIAL FACILITY) fapplicantr Beniamin Leon. Jr., President for Twenty
Seven & First]
Chairman Plummer: All right. Twenty-six hundred, 2612 Southwest 1st Street; 2601, 2611 Southwest 2nd
Street. Ben Leon.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is to add the SD-12 overlay to these
properties. We recommend approval.
Gort: Move it.
Chairman Plummer: Ms. Leyva, it says on my agenda you're representing Mr. Leon.
Ms. Vicky Garcia -Toledo: Yes, I am.
Sanchez: Second.
Chairman Plummer: Mr. Gort moves Item 7. Seconded by Mr. Sanchez. Read the ordinance. Call the roll.
176 October 26, 1999
Mr, Walter Foeman (City Clerk): Excuse me. I need a movant and a seconder.
Chairman Plummer: It was moved by Teele. Seconded by Sanchez.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE
NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000. AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI.
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY ADDING THE SD-12 BUFFER OVERLAY DISTRICT
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2600 AND 2612
SOUTHWEST IsT STREET AND 2601 AND 2611 SOUTHWEST 2M
STREET, NIIAMI, FLORIDA; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first
reading, -by title only, by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele; 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.
63. CONTINUE CONSIDERATION OF PROPOSED APPROVAL OF ALLAPATTAH GARDEN
APARTMENTS AT N.W. 36 STREET AND 12 AVENUE FOR CONSISTENCY WITH STATION
AREA DESIGN AND DEVELOPMENT f SADD] PLAN AT ALLAPATTAH METRORAIL STATION.
Chairman Plummer: PZ-8. Northwest 36th Street and 12th Avenue.
Mr...
Vice Chairman Gort: I'd like that one continued to...
Chairman Plummer: Continue?
Vice Chairman Gort: ... December the 7th.
Chairman Plummer: Continue to December the 7th. Moved by Gort. Seconded by Sanchez.
Commissioner Sanchez: No.
177 October 26, 1999
Chairman Plummer: Wait a minute. He wants to continue it. Mr. Bercow, which item are you here on. sir'.'
Mr. Bercow: The next one, PZ-9.
Chairman Plummer: Oh. All right. A motion is made. All in favor of
Vice Chairman Gort: Hold it.
Commissioner Teele: This the continuance?
Vice Chairman Gort: For continuance. But I want to make sure that the applicant understands there's a lot
of objections from the Allapattah Homeowner's Association. I've told already so; they better meet with
them and get together with them. I have warned them three times already.
Ms. Slazyk: Yes. I've spoken to him. He said he had no objections to the continuance.
Chairman Plummer: All right. Until December the 7th. All in favor say "aye.".
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-830
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-8 (PROPOSED APPROVAL OF ALLAPATTAH GARDEN
APARTMENTS AT N.W. 36 STREET AND 12 AVENUE FOR
CONSISTENCY WITH STATION AREA DESIGN AND
DEVELOPMENT [SADD] PLAN AT ALLAPATTAH METRORAIL
STATION) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR DECEMBER 7, 1999.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
178 October 26, 1999
64. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TO MODIFY
SIGNAGE REGULATIONS FOR PORTIONS 'OF SD-9 TO ALLOW LARGE ESTABLISHMENTS TO
HAVE SIGNAGE WHICH IS APPROPRIATE TO THEIR SIZE IN ORDER TO REMAIN
COMPETITIVE.
Chairman Plummer: Item number 9, SD Biscayne Boulevard North — now, wait -a minute. This is what?
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is an amendment to the sign ordinance
for SD-9.
Chairman Plummer: Oh, this is on the shopping center?
Ms. Slazyk: Yes.
Chairman Plummer: OK.
Ms. Slazyk: Biscayne Shopping Center. It was recommended for approval.
Chairman Plummer: Because I asked this morning for a complete revision of SD-9.
Ms. Slazyk: The clinic, yes..
Chairman Plummer:. But it referred it to the clinics and the conglomerate living.
Ms. Slazyk: Yes.
Chairman Plummer' OK.
Ms. Slazyk: This is'on the sign ordinance that would affect the Biscayne Shopping Center.
Chairman Plummer: Is Shorecrest in opposition? No. You're in favor? All right. Is there a motion?
Moved by Gort. Seconded by.Sanchez. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, SD-9
BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, TO MODIFY
THE SIGNAGE REGULATIONS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
179 October 26, 1999
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on first
reading, by title only, by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
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.
65. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE I1000 TO ALLOW STRUCTURES WITH MAXIMUM HEIGHT OF 150
FEET BY SPECIAL EXCEPTION FOR PROPERTIES WTTIIIN AREA BOUNDED BY TIGERTAIL
AVENUE ON SOUTH, S.W. 27 AVENUE ON WEST AND TRAPP AVENUE ON NORTH.
Chairman Plummer: Item 10. Pm going to ask that to be deferred and the reason I'm asking that to be
deferred is that the administration, in both instances, has, in fact, recommended that I understand, at the last
minute, a whole group of citizens have come out in — I'm not going to say in opposition, but in...
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Would like to meet...
Chairman Plummer: ...looking further and deeper into the subject.. So, I'm asking that this matter, Item 10,
be deferred until the next Commission meeting, which would be in November.
Ms. Slazyk: Either that or December 7th. That gives us enough time to meet with them and come back.
Chairman Plummer: All right, December 7th., I move to defer. until December the 7. Is there a second?
Seconded by Commissioner Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Deferred.
180 October 26, 1999
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-831
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-10 (PROPOSED FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE 11000 TO ALLOW STRUCTURES WITH
MAXIMUM HEIGHT OF 150 FEET BY SPECIAL EXCEPTION FOR
PROPERTIES WITHIN AREA BOUNDED BY TIGERTAIL AVENUE
ON SOUTH, S.W. 27 AVENUE ON WEST AND TRAPP AVENUE
ON NORTH) TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR DECEMBER 7, 1999.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
66. FIRST READING. ORDINANCE: AMEND ZONING ORDINANCE 11000 TO MODIFY
PROVISIONS REGARDING SIGNS WHICH HAVE ARTISTIC OR GRAPHIC VALUE, PROVIDE .
ADDITIONAL LOCATIONS ALONG I-395 - ADD CRITERIA.
Chairman Plummer: All right. Item 11. Item 11 is by the City of Miami Planning and this is art work in
signs with minimal commercial messages.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. This is an amendment to the
ordinance for that mural you just approved a little while ago. What we're trying to do with this is create an
intense statement and close some of the loopholes in that ordinance. The ordinance has not been...
Chairman Plummer: This is a first reading?
Ms. Slazyk: Yes.
Chairman Plummer: Read the ordinance.
Mr. Joel Maxwell (Assistant City Attorney): An ordinance amending...
Chairman Plummer: Moved by Sanchez.
Vice Chairman Gort: Move it.
Chairman Plummer: Seconded by Gort. Read the ordinance.
181 October 26, 1999
Mr. Maxwell: This is number 11.
Chairman Plummer: 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 9, SECTION 926, TO
MODIFY PROVISIONS REGARDING SIGNS WHICH HAVE ARTISTIC OR
GRAPHIC VALUE, PROVIDING FOR ADDITIONAL LOCATIONS FOR
SAID SIGNS ALONG I-395 AND ADDING CRITERIA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Gort, and was passed on first
reading, by title only, by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
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.
67. FIRST READING ORDINANCE: AMEND COMPREHENSIVE NEIGHBORHOOD PLAN
ORDINANCE 10544 TO ADD NEW POLICY WHICH ADOPTS DESIGNATION OF ENTIRE CITY
AS AN URBAN RILL AREA AND TO COMPLY WITH STATE REQUIREMENTS BY
CONFIRMING CITY'S SCHOOL SITING AND CO -LOCATION LAND USE POLICIES - THIS WILL
AMEND THE GOALS OBJECTIVES AND POLICIES OF THE FUTURE LAND USE ELEMENT.
Chairman Plummer: Item 12, the last item on the agenda is an amendment to Ordinance 10544 and it is
recommended by the Department and by the Board. It will amend the goals, objective and the policies of
future land use as an element. Moved by Gort. Seconded by Sanchez. It is first reading. Read the
ordinance. Call the roll.
182 October 26, 1999
4%,
An Ordinance Entitled -
AN ORDINANCE OF THE NIIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, BY AMENDING THE TEXT OF THE
GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE - LAND USE
ELEMENT TO ADOPT DESIGNATION OF AN URBAN INFILL AREA AND
TO MEET STATE REQUIREMENTS REGARDING SCHOOL SITING AND
CO -LOCATION; SAID AMENDMENTS MAKING SUBSTANTIVE
ADDITIONS; DIRECTING TRANSMITTAL OF THE HEREIN ORDINANCE
UPON APPROVAL OF FIRST READING; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, andwas passed on first
reading, by title only, by the following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, 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.
68. EXECUTE AMENDMENT 6 TO MANAGEMENT AGREEMENT WITH LATIN AMERICAN
GOURMET RESTAURANT, INC. FOR CONCESSION AREA AT PAUL WALKER PARK, AT 46
WEST FLAGLER STREET - CONDITIONS. (See section # 30)
Chairman Plummer: Reverting back to the regular agenda. The regular agenda item number 16. The
Manager now has a proffer -- ready to proffer a compromise. Mr. Manager.
Lucia Dougherty: Mr. Chairman, members of the board, Lucia Dougherty. I have the compromise written
down. The Manager has agreed to immediately return the forty thousand dollars ($40,000), instead of in the
June 30'" — I mean, instead of March the 31st, as your resolution states. He would also agree to a rent
abatement until June the 31'`, year 2000, and he reduced the percentage rent from 15 percent to 10 percent,
and the lease — where the 10-year lease would begin at the time that the restaurant opens, which would be
March the 3 l st.
Mr. Donald Warshaw (City Manager): And that's based upon the fact that, at the time the Commission
increased the rent from 750 to fifteen hundred dollars ($1500), they did not simultaneously reduce the
percentage, and 10 percent is a more industry -wide standard for a restaurant. So, there's...
183 October 26, 1999
Chairman Plummer: OK.
Mr. Warshaw: ...no problem reducing it to 10 percent.
Chairman Plummer: Is there a motion?
Ms. Laura Billberry (Director, Asset Management): In doing this, I would ask that you...
Chairman Plummer: I'm sorry?
Ms. Billberry: ...do this as an Amendment 6 because the last one was a ratification of Amendment S of the
Manager, that this be a new amendment.
Commissioner Teele: I would move it, subject to the Manager providing a written memorandum...
Commissioner Sanchez: Second.
Commissioner Teele: ...as to what we're doing.
Chairman Plummer: Seconded. And I'm assuming this was a compromise and you all are in concurrence
and agree?
Ms. Dougherty: We do agree.
Mr. Warshaw: The ultimate compromise.
Chairman Plummer: The ultimate compromise. All right.
Commissioner Sanchez: Yeah, it's a good compromise.
Chairman Plummer: Is this a motion? Is this a resolution? All in favor say "aye."
Mr. Wilarello: This would be a resolution. And just to make sure that it's a resolution, the form of the
agreement is in a form acceptable to the City Attorney?
Commissioner Teele: Yes.
Chairman Plummer: Of course. Always.
Commissioner Teele: Mr. Attorney?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The amendment — the motion was that there would be a written recommendation
from the Manager...
Chairman Plummer: Absolutely.
Commissioner Teele: ... at a point, you know, before the agreement is signed.
184 October 26, 1999
A,
Chairman Plummer: All right. This Commission is in adjournment.
Commissioner Teele: No. Hold it, Mr. Chairman.
Chairman Plummer: I'm sorry.
Mr. Vilarello: Did you — Commissioner, on the last item...
Ms. Dougherty: Thank you very much.
Mr. Vilarello: Commissioner, did you want this item to come back before the Commission...
Commissioner Teele: No, not necessarily. No.
Mr. Vilarello: ...before approval?
Chairman Plummer: No. Just in writing.
Commissioner Teele: But just for the Manager to put it in writing and file -it with the Clerk and the
Commission.
Chairman Plummer: Of course.
Commissioner Teele: Mr. Chairman, there were two other matters..Wasn't there a resolution that you all
had relating...
Chairman Plummer: All we had was Item 16 that I know of, sir.
Mr. Vilarello: On the items that were distributed lasf'week, Commissioner, there was...
Chairman Plummer: All right. I'm song. On the item — the last item...
Mr. Walter Foeman (City Clerk): Show a unanimous roll call? Is that what you said?
Chairman Plummer: ' You don't need a roll — wasn't it a resolution?
Mr. Foeman: I know. I'm just asking you, did you...
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
185 October 26, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-832
A RESOLUTION OF THE M ANII CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 6 TO THE MANAGEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
LATIN AMERICAN GOURMET RESTAURANT, INC.,
("MANAGEMENT") FOR THE MANAGEMENT, OPERATION AND
MAINTENANCE OF THE CONCESSION AREA AT PAUL
WALKER PARK, LOCATED AT 46 WEST FLAGLER STREET;
MIAMI, FLORIDA, TO PROVIDE FOR: 1). AN ABATEMENT OF
THE MANAGEMENT FEE FOR THE PERIOD OF AUGUST 1, 1999
TO JUNE 30, 2000; 2) A DECREASE IN THE MONTHLY
PERCENTAGE PAYMENT OF GROSS RECEIPTS FOR THE
MANAGEMENT FEE FROM FIFTEEN PERCENT (15%) TO TEN
PERCENT (10%); 3) AMENDING THE TERM OF THE
MANAGEMENT AGREEMENT FROM TEN (10) YEARS
BEGINNING ON NOVEMBER 30, 1995 (THE "EFFECTIVE DATE"),
TO A PERIOD OF TEN (10) YEARS COMMENCING ON THE DATE
THE CONCESSION OPENS FOR BUSINESS, WHICH SHALL NOT
BE LATER THAN MARCH 31, 2000; 4) THE RETURN OF $40,000
TO MANAGEMENT OF THE $100,000 PROCEEDS RECEIVED BY
THE CITY FROM A LETTER OF CREDIT PROVIDED BY
MANAGEMENT TO THE CITY, WITH THE REMAINING $60,000
PLUS INTEREST TO BE RETAINED BY THE CITY, 5)
MANAGEMENT AGREEING TO RELEASE THE CITY FROM ANY
AND ALL CLAIMS, SUITS, DAMAGES OR CAUSES OF ACTION
ARISING AS A RESULT OF OR RELATING TO COSTS INCURRED
BY MANAGEMENT DURING THE CONSTRUCTION PERIOD AND
UNTIL THE PARK CONCESSION AREA OPENS FOR BUSINESS,
SUBJECT TO THE CITY COMMISSION'S REVIEW OF THE CITY
MANAGER'S WRITTEN RECOMMENDATION PRIOR TO THE
EXECUTION OF AMENDMENT NO.6.
196 October 26, 1999
4
(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: Chairman,J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
69. BRIEF COMMENTS RE VIRGINIA KEY : CHARRETTE AND GIBSON . PARK EVENT. (see
sections # 44 and # 56)
Chairman -Plummer: Mr. Teele, do you have anything else?
Commissioner Teele: Mr. Attorney, don't I have one other item?
Mr. Alejandro Vilarello (City Attorney): You had one item with regard to the separate funding of the
Charrette in connection with the Virginia Key Task Force.
Chairman Plummer: We took that up already.
Commissioner Teele: We took that up, included in that.
Chairman Plummer: That was included in the motion he made in reference to Virginia Key.
Commissioner Teele: Is there any way we can get a report — Mr. Manager, is there any way we can help
these folk — these fine people regarding the Gibson Park matter?
Mr. Donald Warshaw (City Manager): We're working with them and we'll do something to make sure it
happens.
Chairman Plummer- Anything else to come before this Commission? This Commission is in...
70. URGE MAW-DADE COUNTY SCHOOL BOARD TO CONTINUE TO COOPERATE AND
ASSIST THE CITY OF MIAMI IN RELOCATION EFFORTS RELATED TO TENANTS OF MIAMI
LIMITED Q HOUSING PROJECT INSOFAR AS ASSURING THE MAXIMUM COORDINATION OF
THE SCHOOL EXPERIENCE FOR THE CHILDREN OF THE TENANTS BEING RELOCATED.
(see section # 29)
Commissioner Teele: Mr. Chairman, now, we did one on the School Board but 1 would like to just read it
into the record again. This is asking the School Board to cooperate — appreciating their....
187 October 26, 1999
Chairman Plummer: All right, sir. Read it into the record.
Commissioner Teele: Mr. Attorney, you have it?
Chairman Plummer: Who has it?
Mr. Alejandro Vilarello (City Attorney): You have it, Commissioner.
Chairman Plummer: You have it, Commissioner.
Commissioner Teele: I'm so disorganized here. A resolution of the City Commission strongly urging the
Miami -Dade School Board to continue to cooperate and assist the City of Miami in the relocation efforts
related to tenants of the Miami Limited lI Housing Project, insofar as assuring the maximum coordination of
the school experience for the children of attendance being relocated, including but not limited to authorizing
special transfers or vouchers and directing the City Clerk to transmit a copy of this resolution to the officials
designated herein. So moved.
Chairman Plummer: All right. That's part of the record.
Commissioner Teele: Thank you.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-833
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
URGING THE MIAMI-DADS COUNTY SCHOOL BOARD TO
CONTINUE TO COOPERATE AND ASSIST THE CITY OF MIAMI
IN THE RELOCATION EFFORTS RELATED TO TENANTS OF THE
MIAMI LIMITED II HOUSING PROJECT INSOFAR AS ASSURING
THE MAXIMUM COORDINATION OF THE SCHOOL
EXPERIENCE FOR THE CHILDREN OF THE TENANTS BEING
RELOCATED, INCLUDING BUT NOT LIMITED TO
AUTHORIZATION' FOR SPECIAL TRANSFERS OR VOUCHERS;
AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
188 October 26, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
71. ACCEPT AT&T'$ SPONSOR OF.AMPHII IEATER LOCATED IN MILDRED AND CLAUDE
PEPPER BAYFRONT PARK; AT -A PROPOSED`.. AMOUNT .OF .$400,000. PAYABLE TO THE
BAYFRONT PARK MANAGEMENT TRUST:
Chairman Plummer: All right. I'm about ready to get boiled in soil. May I make one pocket? Mr. Teele,
you'll be pleased.
Commissioner Teele: Yes, f11 be happy.
Chairman Plummer: A resolution of the Miami City Commission, with attachments, accepting AT&Ts
proposal to sponsor the amphitheater located in Mildred and Claude Pepper Bayfront Park at a proposed
amount of four hundred thousand dollars ($400,000), payable to the Bayfront Park Management Trust in
four semi-annual payments, plus additional in -kind services and income; including but not limited to the
shows and ongoing advertisement to promote the amphitheater; further authorizing the executive director of
Bayfront Park Management Trust to execute an agreement in substantially the attached form on behalf of
the City of Miami and the Bayfront Park Management Trust with AT&T for its corporate sponsorship of the
amphitheater. For those dirty devils that said we did nothing.
Vice Chairman Gort: It means we can put that money into some other...
Chairman Plummer: That means you make a motion, Sanchez seconds it, and everybody in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: So be it.
189 October 26, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-834
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING AT&T'S PROPOSAL TO SPONSOR
THE AMPHITHEATER LOCATED IN MILDRED AND CLAUDE
PEPPER BAYFRONT PARK, AT A PROPOSED AMOUNT OF
$400,000, PAYABLE TO THE BAYFRONT PARK MANAGEMENT
TRUST IN FOUR SEMIANNUAL PAYMENTS, PLUS ADDITIONAL
IN -KIND SERVICES AND INCOME, INCLUDING BUT NOT
LIMITED TO SHOWS AND ONGOING ADVERTISEMENTS TO
PROMOTE THE AMPHITHEATER; FURTHER AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE BAYFRONT PARK
MANAGEMENT TRUST TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE
CITY OF MIAMI AND THE BAYFRONT PARK MANAGEMENT
TRUST WITH AT&T FOR ITS CORPORATE SPONSORSHIP OF
THE 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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Chairman Plummer: This Commission...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Would you inquire of AT&T if they have the cellu — those phones that have the
two -ways and that could be a part of their con...
Chairman Plummer: No, sir, it is not. That is Nextel and it is not part of AT&T. 'AT&T just reaches out
and touches someone.
Commissioner Teele: Well, I would hope — Mr. Chairman, I would really hope that the management would
consider working with AT&T in some of our services because, you know, we've had an exclusive — and I
have no problems with Bell South, but we ought to do business with people that are making donations to us.
190 October 26, 1999
Chairman Plummer: Absolutely.
Commissioner Teele: Thank you, Mr. Chairman.
Chairman Plummer: That's it.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 4:33 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin ._
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
191 October 26, 1999