HomeMy WebLinkAboutCC 1998-02-10 MinutesCITY OF MIAMI
* : INGORW ORATES .� *
COMMISSION
MINUTES
OF MEETING HELD ON February 10, 1998 (Regular)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
MINUTES OF REGULAR MEETING
February 10, 1998
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PRESENTATIONS.
DISCUSSION
2
2/10/98
2.
CONSENT AGENDA.
DISCUSSION
3-4
2/10/98
2.1.
AUTHORIZE AGREEMENT WITH MIAMI-DADE
R 98-120
4
COUNTY -- FOR EXTENSION OF WATER
2/10/98
FACILITIES ON DINNER KEY BOATYARD.
2.2.
ACCEPT BID: JULES BROTHERS
R 98-121
5
UNIFORMS, INC. -- FOR WORK UNIFORMS
2/10/98
TO DEPARTMENTS -- ALLOCATE FUNDS.
2.3.
ACCEPT BID: VWR SCIENTIFIC PRODUCTS,
R 98-122
5
CORP. -- FOR INTRAVENOUS FLUIDS AND
2/10/98
ADMINISTRATION SETS FOR FIRE -
RESCUE -- ALLOCATE $58,056.50 FROM
FIRE -RESCUE ACCT. 001000.280501.6.714
2.4.
ACCEPT BID: DESIGNERS SERVICE
R 98-123
6
BUREAU, INC -- FOR CAFETERIA
2/10/98
FURNITURE IN POLICE -- ALLOCATE
$11,572.50FROM ACCT. 001000.290201.6.850
2.5.
ACCEPT BID: MICHIGAN INSTRUMENTS,
R 98-124
6
INC. -- FOR CARDIO PULMONARY
2/10/98
RESUSCITATORS -- FOR FIRE -RESCUE --
ALLOCATE $12,888 FROM ACCT.
001000.280601.6.850
2.6.
INCREASE BY $100,000. CONTRACT WITH
R 98-125
7
N.A.LAND CLEARING, INC / DEMOLITION
2/10/98
MASTERS, INC / LANGO EQUIPMENT
SERVICES / SHARK WRECKING CORP. --
FOR DEMOLITION SERVICES TO BUILDING
AND ZONING -- ALLOCATE FUNDS FROM
CDBG 23 YEAR BLOCK GRANT PROJECT
799206, ACCT 452320.6.340.
2.7.
ACCEPT BID: G. FAMILY ENTERPRISE, INC --
R 98-126
7
FOR EDISON/LITTLE RIVER C.D. SIDEWALK
2/10/98
PROJECT, B-4603 ALLOCATE $125,000.
2.8. ACCEPT BID: MEF CONSTRUCTION, INC. -- R 98-127 8
FOR OVERTOWN CITY C.D. SIDEWALK 2/10/98
PROJECT, B-4606 -- ALLOCATE $123,800.
2.9. ACCEPT BID: MEF CONSTRUCTION, INC -- R 98-128 8
FOR DOWNTOWN C.D. SIDEWALK PROJECT, 2/10/98
B-4608 -- ALLOCATE $96,000.
2.10. ACCEPT BID: F&L CONSTRUCTION, INC -- R 98-129 9
FOR WYNWOOD CITY C.D. SIDEWALK 2/10/98
PROJECT, B-4607 -- ALLOCATE $96,450.
2.11.
ACCEPT BID: EDU-TECH, INC -- FOR PICNIC
R 98-130 9
AND GAME TABLES AT ALLAPATAH
2/10/98
COMSTOCK PARK -- FOR PARKS AND
RECREATION -- ALLOCATE $12,946 FORM
CAPITAL IMPROVEMENT PROJECT 331309,
ACCT 589301-860.
2.12.
FUND OFFICER FRIENDLY PROGRAM -- FOR
R 98-131 10
POLICE -- ALLOCATE $21,000 FORM LETF
2/10/98
PROJECT NUMBERS 690001, 690002 AND
690003.
2.13.
ACCEPT DONATION: 1987 DODGE DAKOTA
R 98-132 10
PICKUP TRUCK FROM OFF STREET
2/10/98
PARKING -- FOR POLICE DOWNTOWN NET.
2.14.
PAY MUNICIPAL CODE CORPORATION FOR
R 98-133 10
PROFESSIONAL SERVICES RENDERED --
2/10/98
FOR PRINTING / CODIFYING SUPPLEMENT 2
OF CODE -- ALLOCATE $8,110 FROM ACCT
921102-270.
2.15.
APPROVE AMENDMENT TO BUNKERS OF
R 98-134 11
MIAMI MANAGEMENT AGREEMENT -- FOR
2/10/98
REOPENING DATE OF INTERNATIONAL
LINKS OF MIAMI A.K.A. MELREESE GOLF
COURSE AS OCTOBER 15, 1997 -- EXTEND
COMPLETION DATE FOR CONSTRUCTION
OF CLUB HOUSE TO DECEMBER 31, 1998.
2.16.
EXECUTE REVOCABLE LICENSE
R 98-135 11
AGREEMENT WITH RENE AND NICOLE
2/10/98
MILON -- FOR CITY PROPERTY LOCATED AT
MORNINGSIDE PARK FOR $100.00 PER
MONTH.
2.17.
EXECUTE PROFESSIONAL SERVICES
R 98-136 12
AGREEMENT WITH WILLIAM M. MERCER,
2/10/98
INC. -- FOR ACTUARIAL SERVICES --
ALLOCATE $45,000, ACCT.
00100000.921.6.930.
2.18 EXECUTE SUBORDINATION AGREEMENT -- R 98-137
REFINANCE 5-UNIT MIXED -USE HOUSING 2/10/98
PROJECT AT 3650 GRAND AVENUE -- FOR
RENOVATIONS BY COCONUT GROVE
LOCAL DEVELOPMENT CORPORATION,
INC. -- FURTHER SUBORDINATE CITY'S
SECOND MORTGAGE TO A NEW
MORTGAGE WITH STATE OF FLORIDA.
2.19. EXECUTE AGREEMENT WITH CATERING BY R 98-138
DAVID LYNN, INC. -- FOR CONCESSION 2/10/98
SERVICES AT ORANGE BOWL STADIUM.
2.20. REALLOCATE $16,073.73 FROM 1994 R 98-139
HOUSING OPPORTUNITIES FOR PERSONS 2/10/98
WITH AIDS (HOPWA) PROGRAM GRANT
FUNDS -- FOR SHORT TERM HOUSING
ASSISTANCE TO LOW INCOME PERSONS
WITH HIV/AIDS THROUGHOUT MIAMI-DADE
COUNTY.
2.21. AMEND R-97-631 -- INCREASE FUNDING TO R 98-140
$107, 430.64 -- FOR SHORT TERM HOUSING 2/10/98
ASSISTANCE TO LOW INCOME PERSONS
WITH HIV / AIDS THROUGHOUT MIAMI-DADE
COUNTY.
2.22. DECLARE OPPOSITION TO FLORIDA HOUSE
R 98-141
BILL 3291 REGARDING FRANCHISE FEES
2/10/98
FOR UNDERGROUND RIGHT-OF-WAY
ACCESS TO BURY TELEPHONE LINES.
2.23. AUTHORIZE RELEASE / CANCELLATION OF
R 98-142
COVENANT TO RUN WITH LAND WITH
2/10/98
REGARD TO INSTALLATION OF COMPUTER
DUCT BANK WITHIN DEDICATED RIGHT-OF-
WAY OF N.W. 4 STREET EXECUTED BY
WOMETCO ENTERPRISES, INC.
3. RECONSIDER M 98-113 (DENIAL OF M 98-143
PROPOSED ORDINANCE TO AMEND 2/10/98
ZONING ORDINANCE TO ADD ACCESSORY
BANKING AND TRAVEL SERVICE USES) --
SCHEDULE CONSIDERATION OF SAID
PROPOSED ORDINANCE FOR NEXT
COMMISSION MEETING.
12
13
13
14
14
15
15-16
4.
(A) RATIFY / APPROVE / CONFIRM / WAIVE
R 98-144 17-19
COMPETITIVE BID PROCESS -- APPROVE
2/10/98
ACQUISITION OF SMARTPATH LIGHTGATE
SERVICE FOR POLICE E911 SYSTEMS
FROM BELLSOUTH
TELECOMMUNICATIONS -- ALLOCATE
$14,652 FROM ACCT. 196002.290460.6.510.
�B) COMMENTS REGARDING NEED TO
XPEDITE PURCHASE OF NEEDED
EQUIPMENT TO MAINTAIN SOLID WASTE
SERVICES -- FURTHER REQUESTING
COMMISSION TO SUPPORT SOLE SOURCE
INITIATIVES WITH PROPER JUSTIFICATION.
S.
RATIFY / APPROVE / CONFIRM / WAIVE
R 98-145 20-21
COMPETITIVE BID PROCESS -- APPROVE
2/10/98
ACQUISITION OF FRAME RELAY SERVICE
FOR POLICE AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM (AFIS)-- FROM
BELLSOUTH TELECOMMUNICATIONS --
ALLOCATE $7,153.64 FROM ACCT.
00100.290201.6.670.
6.
FIRST READING ORDINANCE: APPROVE
FIRST 21-25
CREATION OF SPECIAL TAXING DISTRICT
READING
BY MIAMI-DADE COUNTY -- FOR ENTRADA
ORDINANCE
NEIGHBORHOOD -- FOR PROVISION OF 24-
2/10/98
HOUR SECURITY GUARD SERVICE.
7.
DISCUSS / DEFER / CONTINUE
M 98-146 25-39
CONSIDERATION OF AGENDA ITEM 5
M 98-147
(AMENDMENT TO DOWNTOWN MIAMI
2/10/98
DEVELOPMENT OF REGIONAL IMPACT (DRI)
MASTER AND INCREMENT I DEVELOPMENT
ORDERS) TO SCHEDULED MEETING OF
FEBRUARY 24, 1998, AFTER FIRE
ASSESSMENT FEE ITEM.
8.
WAIVE BY FOUR -FIFTHS PROHIBITION IN
R 98-148 39-40
SECTION 2-612 OF CODE -- FOR ANITA
2/10/98
NAJIY TO ENTER INTO REVOCABLE
LICENSE AGREEMENT -- FOR LAUNDROMAT
AT OVERTOWN SHOPPING CENTER AT 1490
N.W. 3RD AVENUE, SPACE 104.
9.
AUTHORIZE REVOCABLE LICENSE
R 98-149 40-44
AGREEMENT WITH ANITA NAJIY -- FOR
2/10/98
LAUNDROMAT AT OVERTOWN SHOPPING
CENTER AT 1490 N.W. 3RD AVENUE, SPACE
104.
10.
RESTRICT TEMPORARILY VEHICULAR
R 98-150 44-45
ACCESS TO CORNELIA DRIVE AT
2/10/98
INTERSECTION WITH S.W. 27TH AVENUE
AND TIGERTAI L AVENUE.
11.
CODESIGNATE PARK AT 3410-12 GRAND
DISCUSSION
45-46
AVENUE WILLIAM R. "BILLY" ROLLE DOMINO
2/10/98
PARK-- CODESIGNATE RIVERSIDE PARKAS
JORGE MAS CANOSA PARK -- SEE LABEL
13.
12.
APPROVE MIAMI SPORTS AND EXHIBITION
R 98-151
46-48
AUTHORITY BUDGET.
2/10/98
13.
CONTINUED / CODESIGNATE WILLIAM R.
R 98-152
48-52
"BILLY" ROLLE DOMINO PARK --
R 98-153
CODESIGNATE RIVERSIDE PARK AS JORGE
2/10/98
MAS CANOSA PARK -- SEE LABEL 11.
14.
COMMENTS REGARDING LETTER FROM
DISCUSSION
52
COCONUT GROVE ARTS FESTIVAL AND THE
2/10/98
NEED TO FIX STREETS IN THE GROVE TO
MINIMIZE LIABILITY TO THE CITY OF
HOLDING SAID FESTIVAL.
15.
PERSONAL APPEARANCE: THOMAS JONES
DISCUSSION
53-55
REGARDING ILLEGAL FIREWORKS / LOUD
2/10/98
LATE NIGHT PARTIES ETC.
16.
SECOND READING ORDINANCE: AMEND
ORDINANCE
55-57
SECTION 2-1052 OF CODE -- DECREASE
11605
NUMBER OF OVERTOWN ADVISORY BOARD
2/10/98
MEMBERS AND NUMBER TO MAKE
QUORUM -- COMMENTS REGARDING
PROCEDURE TO SEND DISCUSSION
MATTERS / PERSONAL APPEARANCES TO
CITY MANAGER FOR CONSIDERATION
PRIOR TO SCHEDULING AS AGENDA ITEM.
17.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
57-58
REVENUE FUND: SOLID WASTE REDUCTION
11606
RECYCLING AND EDUCATION (FY'98) --
2/10/98
APPROPRIATE $275,573 FOR
DEVELOPMENT AND IMPLEMENTATION OF
SAME FROM STATE GRANT.
18.
SECOND READING ORDINANCE: AMEND
ORDINANCE
58-59
CAPITAL IMPROVEMENTS ORDINANCE
11607
11337 -- REVISE APPROVED SCHEDULED
2/10/98
CAPITAL IMPROVEMENTS PROJECTS FOR
FY 97-98.
19.
SECOND READING ORDINANCE: AMEND
ORDINANCE
60-61
SECTION 40-250 OF CODE (GENERAL
11608
EMPLOYEES' AND SANITATION
2/10/98
EMPLOYEES' RETIREMENT TRUST) --
PROVIDE FOR REJECTION OF MEMBERSHIP
BY ASSISTANT CITY MANAGERS / SPECIAL
ASSISTANT TO CITY MANAGER.
20. SECOND READING ORDINANCE: AMEND ORDINANCE 62-64
SECTIONS 55-1 AND 55-10 OF CODE -- 11609
PROVIDE FOR BUILDING PERMITS TO BE 2/10/98
ISSUED FOR CONSTRUCTION ON
GOVERNMENTAL AGENCY -OWNED LAND.
21. RATIFY / APPROVE / CONFIRM -- WAIVE R 98-154 64-65
COMPETITIVE BIDS -- APPROVE 2/10/98
ACQUISITION FROM SHARK WRECKING
CORPORATION ON PROPERTY AT 950
MACARTHUR CAUSEWAY -- ALLOCATE
$8,500. ACCT./ 001000-921002-340.
22. EXECUTE LEASE AGREEMENT WITH
ALAMILLA AND ASSOCIATES, INC SUBJECT
TO ASSIGNMENT TO FIREHOUSE IV OF
MIAMI, INC -- FOR LEASING OF
RESTAURANT AT 1000 SOUTH MIAMI
AVENUE -- REQUIRING TOTAL INVESTMENT
OF $367,285 PLUS MINIMUM LEASE OF
$1,356,576 PLUS 11 PER CENT OF GROSS
REVENUES.
23. (A) DEFER CONSIDERATION OF AGENDA
ITEM 17 (PROPOSED PHASE I
DEVELOPMENT OF PARROT JUNGLE &
GARDENS IN WATSON ISLAND) TO
SCHEDULE PLANNING AND ZONING
MEETING OF MARCH 24, 1998 -- COMMENTS
BY VICE-CHAIRMAN TEELE REGARDING
BUSINESS AND COMMUNITY PLANNING
WORKSHOPS IN TARGET AREAS AND THE
NEED TO DECREASE COMMITMENTS TO
FUND PROJECTS OUTSIDE COMMUNITY
DEVELOPMENT TARGET AREAS -- FURTHER
COMMENTS FROM COMMISSIONER
PLUMMER RELATED TO ST. HUGH OAKS
MONIES EARMARKED FOR BAYFRONT
PARK MANAGEMENT TRUST.
(B) AUTHORIZE / DIRECT CITY MANAGER TO
PREPARE STUDY ESTABLISHING FLAGAMI
AS TARGET AREA GIVEN ITS
DEMOGRAPHICS.
24. EXECUTE AGREEMENT WITH EVANS
ENVIRONMENTAL & GEOSCIENCES -- FOR
BROWNFIELDS REDEVELOPMENT
PROJECT -- ALLOCATE $525,000 FROM
SPECIAL REVENUE FUNDS: BROWNFIELDS
REDEVELOPMENT PROJECT AND
BROWNFIELDS DEMONSTRATION PILOT.
R 98-155
2/10/98
M 98-156
M 98-157
2/10/98
R 98-158
2/10/98
65-70
71-81
81-83
25.
REALLOCATE UNEXPENDED COMMUNITY
R 98-159 83-88
DEVELOPMENT BLOCK GRANT FUNDS
2/10/98
FROM COMMERCIAL CODE COMPLIANCE
PROGRAM (CDBG PROJECT 799613) -- FOR
TOWER THEATER REHABILITATION
PROJECT -- INCREASE CONTRACT WITH
PONI-FONTICIELLACONSTRUCTION
CORPORATION BY $400,000 MAXIMUM --
INCREASE BERMELLO, AJAMIL AND
PARTNERS, INC BY $30,000 MAXIMUM --
FURTHER PROVIDE FOR PAYMENT OF
ENGINEERING FEES TO PUBLIC WORKS
FOR %50,000 MAXIMUM -- ALLOCATE FUNDS
FORM CDBG PROJECT 799402/CIP PROJECT
322061 -- FURTHER REQUESTING
PERFORMANCE BOND FOR
CONSTRUCTION PROJECTS -- FURTHER
COMMENTS RELATED TO NEED FOR
PLEDGE OF TITLE AND FOR IN-HOUSE
PROJECT MANAGER TO MONITOR TOWER
THEATER PROJECT.
26.
FIRST READING ORDINANCE: AMEND
FIRST 88-90
SECTION III OF ORDINANCE 11337: CAPITAL
READING
IMPROVEMENTS ORDINANCE -- INCREASE
ORDINANCE
APPROPRIATIONS TO PROJECT 322061:
2/10/98
TOWER THEATER BY $25,000 FROM
$2,276,800. TO $2,526,800.
27.
RATIFY / APPROVE / CONFIRM CITY
R 98-160 90-91
MANAGER'S FINDING -- APPROVE
2/10/98
SERVICES FROM HYVAC INCORPORATED --
FOR REPLACEMENT OF AIR CONDITIONING
SYSTEM AT FIRE STATION SIX (69 N.E. 62
STREET IN LITTLE HAITI) -- ALLOCATE
$56,674 FROM CIP ACCOUNT 319301-860
PROJECT 313300 -- FURTHER COMMENTS
REGARDING NEED FOR OTHER REPAIRS AT
STATION SIX AS WELL AS A REPORT ON
HIGH COST OF AIR CONDITIONING SYSTEM.
28.
RATIFY / APPROVE / CONFIRM CITY
R 98-161 91-94
MANAGER'S FINDING - - WAIVE
2/10/98
COMPETITIVE BIDS -- APPROVE SERVICE
FOR REPAIR OF QUINT-10 FROM SIMON
LTI -- ALLOCATE FUNDS FROM FIRE -
RESCUE ACCT. 280701-670.
29. AUTHORIZE PAYMENTS TO MIAMI-DADE R 98-162
TAX COLLECTOR'S OFFICE FOR 2/10/98
OUTSTANDING AD VALOREM AND
PERSONAL PROPERTY TAXES -- FOR
CARIBBEAN MARKETPLACE AT 5927
NORTHEAST 2ND AVENUE -- ALLOCATE
$200,000 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM --
FURTHER COMMENTS REGARDING
SCHEDULING SECOND READING OF
PROPOSED ORDINANCE FOR PAYMENT OF
EQUIVALENT IN AD VALOREM TAXES TO
CITY -- VICE CHAIRMAN TEELE FURTHER
COMMENTS ON COMPREHENSIVE PLAN
FOR PAYMENT OF AD VALOREM AND
PERSONAL PROPERTY TAXES.
30. (A) RATIFY APPROVE / CONFIRM R 98-163
EMERGENCY FINDING -- WAIVE 2/10/98
COMPETITIVE BIDS -- APPROVE PURCHASE
FROM KNOLL, INC. -- FOR OFFICE OF
WORKFORCE DEVELOPMENT IN
ALLAPATTAH -- ALLOCATE $150,000 FROM
WAGES AND COALITION ACCT. 454-006-184-
089.
(B) COMMENTS REGARDING NEED FOR
JOBS PROGRAM OFFICE IN LITTLE HAVANA.
31. (A) RATIFY / APPROVE / CONFIRM R 98-164
EMERGENCY FINDING -- WAIVE M 98-165
COMPETITIVE BIDS -- APPROVE PURCHASE 2/10/98
OF POLICE DOGS FROM METRO-DADE K-9
GUARD DOGS -- ALLOCATE $19,500 FROM
POLICE GENERAL BUDGET AND FROM
WEED AND SEED GRANT ACCT.
142013.290488.6.875.
(B) AUTHORIZE TO ALLOCATE FURTHER
MONIES TO PURCHASE TWO ADDITIONAL
POLICE DOGS IF NEEDED.
32. DISCUSS / TABLE / DEFER CONSIDERATION M 98-166
OF AGENDA ITEM 30 (LIFE INSURANCE FOR 2/10/98
ELECTED OFFICIALS) TO LATER IN
MEETING.
33. DEFER TO MEETING OF MARCH 10, 1998 M 98-167
CONSIDERATION OF AGENDA ITEM 31 2/10/98
(FUNDING REQUEST FOR BAKEHOUSE
ARTS COMPLEX) -- FURTHER REQUESTING
REPORT ON FORECLOSURE STATUS OF
SAID PROPERTY.
94-97
97-99
99-102
102-103
103-104
34.
(A) AUTHORIZE / DIRECT FUNDING FOR
M 98-168 105-110
LATIN QUARTER SPECIALTY CENTER
M 98-169
PROJECT -- FURTHER SCHEDULE PUBLIC
HEARING.
(B) AUTHORIZE CITY MANAGER TO CONVEY
AND DISPOSE OF PROPERTY, WITH
CONDITIONS, IN LITTLE HAVANA TO EAST
LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION -- DIRECT
EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION TO
COMMENCE CONSTRUCTION WITHIN 12
MONTHS -- FURTHER REQUESTING AN
INDEPENDENT EVALUATOR TO REVIEW /
PLAN LATIN QUARTER SPECIALITY
PROJECT.
35.
DISCUSS FORMAT / CONTENT /
DISCUSSION 111-113
PRIORITIZING OF 1998 STATE AND
2/10/98
FEDERAL LEGISLATIVE INITIATIVES --
FURTHER APPRISE CITY MANAGER OF
PRIOR LEGISLATION SUPPORTING LOWER
RATES FOR HOMEOWNERS' INSURANCE.
36.
(A) APPROVE FUNDING GUSMAN THEATER
M 98-170 113-122
THROUGH SEPTEMBER 31, 1998 --
2/10/98
FURTHER INSTRUCT CITY MANAGER TO
SCHEDULE FOR NEXT AGENDA OTHER
FUNDING ASSISTANCE FOR GUSMAN
CENTER.
(B) COMMENTS REGARDING FUNDING
GUSMAN CENTER FROM OVERTOWN
PARKING FUNDS.
37.
GENERAL COMMENTS ON SALARY AND
R 98-171 122-136
BENEFITS FOR EXECUTIVES -- APPROVE
2/10/98
CATEGORY I BENEFITS FOR CITY
MANAGER / CITY ATTORNEY / CITY CLERK --
FURTHER APPROVE SEVERANCE PAY FOR
CITY MANAGER -- SEE LABEL 56.
38.
AUTHORIZE PLACEMENT OF MONUMENT
R 98-172 136-137
FOR BAY OF PIGS INVASION ON S.W. 13
2/10/98
AVENUE AT S.W. 10 STREET, WITH
CONDITIONS.
39.
APPOINT SEVERAL INDIVIDUALS TO
M 98-173 137-140
COMMISSION ON STATUS OF WOMEN.
R 98-174
2/10/98
40.
APPOINT SEVERAL INDIVIDUALS TO
R 98-175 140-142
BUDGET AND FINANCES REVIEW
2/10/98
COMMITTEE.
41.
APPOINT MARY ANN DAVID TO MIAMI AUDIT
R 98-176
143-144
ADVISORY REVIEW COMMITTEE.
2/10/98
42.
APPOINT SEVERAL INDIVIDUALS TO
R 98-177
144-146
COMMITTEE ON BEAUTIFICATION AND
2/10/98
ENVIRONMENT -- GRANT WAIVER OF
RESIDENCY REQUIREMENT AS NEEDED.
43.
APPOINT ALBERTO GONGORA TO
R 98-178
146-147
INTERNATIONAL TRADE BOARD.
2/10/98
44.
APPOINT MIGUEL SECO / ERNIE MARTIN /
R 98-179
147-149
LOURDES SOLERA / RENE ROLLE TO
2/10/98
HISTORIC AND ENVIRONMENTAL
PRESERVATION BORD.
45.
APPOINT GUILLERMO REVUELTA / ROBERT
R 98-180
149-150
VALLEDOR TO NUISANCE ABATEMENT
2/10/98
BOARD.
46.
CONFIRM APPOINTMENT OF NAMES
R 98-181
150-157
PROFERRED TO DOWNTOWN
2/10/98
DEVELOPMENT AUTHORITY.
47.
APPOINT ANGEL SAYON TO LITTLE HAVANA
R 98-182
157-158
STANDING FESTIVAL COMMITTEE.
2/10/98
48.
(A) ESTABLISH SELECT ADVISORY
R 98-183
159-165
COMMITTEE -- FOR REVIEW OF
M 98-184
APPLICATIONS FOR POSITION OF CITY
2/10/98
ATTORNEY -- CONCLUDE PROCESS
BEFORE MARCH 17, 1998.
(B) APPOINT VICKY LEIVA / RUBEN OLIVA /
MRS THOMPSON BRUTUS / JOE
RODRIGUEZ / MANUEL DIAZ / TO CITY
ATTORNEY SELECT REVIEW COMMITTEE --
ON-GOING DISCUSSION REGARDING
TERMINATION PACKAGE FOR FORMER CITY
ATTORNEY.
(C) DISCUSS RECOMMENDATIONS TO
IMPROVE OFFICE OF CITY ATTORNEY.
(D) DISCUSS PROPOSED RESOLUTION TO
MAKE WHOLE INTERIM CITY ATTORNEY.
(E) VICE CHAIRMAN TEELE ANNOUNCES
VISIT FROM SENATE APPROPRIATIONS
COMMITTEE STAFF ON FEBRUARY 13, 1998.
49. AUTHORIZE CITY MANAGER TO INSTRUCT
CITY DEPARTMENTS AND AGENCIES TO
COORDINATE / PLAN / PRESENT BUSINESS
ENHANCEMENT COMMUNITY PLANNING
WORKSHOP IN NE 2 AVENUE FROM CITY
LINE TO NE 54 AVENUE -- FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AND OTHER PUBLIC DOLLARS
ALONG SAID BUSINESS CORRIDOR --
ALLOCATE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FUNDS FOR
WORKSHOP -- FURTHER DIRECT MANAGER
TO PLAN SIMILAR STUDY IN EVERY
COMMUNITY DEVELOPMENT TARGET
AREA.
50. AUTHORIZE CITY MANAGER TO INSTRUCT
CITY DEPARTMENTS AND AGENCIES TO
COORDINATE / PLAN / PRESENT BUSINESS
ENHANCEMENT COMMUNITY PLANNING
WORKSHOP IN NW 17 AVENUE BETWEEN
STATE ROAD 112 AND NW 62 STREET --
FOR USE OF COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRM FUNDS AND
OTHER PUBLIC DOLLARS ALONG SAID
BUSINESS CORRIDOR -- ALLOCATE
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR SAID WORKSHOP.
51. AUTHORIZE CITY MANAGER TO INSTRUCT
CITY DEPARTMENTS AND AGENCIES TO
COORDINATE / PLAN /PRESENT BUSINESS
ENHANCEMENT COMMUNITY PLANNING
WORKSHOP IN NW 15 AVENUE BETWEEN
NW 62 AND 71 STREETS -- FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AND OTHER PUBLIC DOLLARS
ALONG SAID BUSINESS CORRIDOR --
ALLOCATE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FUNDS FOR SAID
WORKSHOP.
52. OVERRIDE MAYOR'S VETO OF RESOLUTION
98-104 (AFFIRMING DECISION OF ZONING
BOARD GRANTING SPECIAL EXCEPTION TO
PERMIT SUPPER CLUB AT 3131
COMMODORE PLAZA SLOPPY JOE'S) --
DIRECT CITY MANAGER TO ADDRESS
CONCERNS OF RESIDENTS OF SOUTH
GROVE WITHIN 30 TO 45 DAY -- FURTHER
COMMENTING ON NEED FOR MAYOR TO
CONSULT WITH CITY COMMISSIONERS
BEFORE EXERCISING VETO POWER.
R 98-185
2/10/98
R 98-186
2/10/98
R 98-187
2/10/98
R 98-188
2/10/98
165-166
167-168
168-170
170-177
53.
AUTHORIZE PROFESSIONAL SERVICES
R 98-189
177-178
AGREEMENT WITH ISABEL DE LARA FOR
2/10/98
INTERNATIONAL TRADE BOARD --
ALLOCATE $4,166 FROM INTERNATIONAL
TRADE BOARD BUDGET YEAR 97-98.
54.
AUTHORIZE CITY MANAGER TO CREATE
R 98-190
179-181
HEARING OFFICER POSITION -- FOR
2/10/98
SETTLEMENT OF SOLID WASTE BILLING
DISPUTES.
55.
DIRECT CITY MANAGER TO NEGOTIATE
M 98-191
181-182
AGREEMENT WITH INTERNATIONAL BALLET
2/10/98
FESTIVAL -- FOR USE OF MANUEL ARTIME
COMMUNITY CENTER THEATER.
56.
COMMENTS REGARDING SEVERANCE PAY
M 98-192
182-184
PACKAGE FOR CITY MANAGER --
2/10/98
INSTRUCTIONS TO CITY MANAGER
RELATED TO CATEGORY I BENEFITS
PACKAGE TO BECOME EFFECTIVE
OCTOBER 1, 1998 -- SEE LABEL 37.
57.
GRANT MAYOR OUTSIDE EMPLOYMENT
R 98-193
184-187
RIGHTS SIMILAR TO THOSE OF OTHER CITY
2/10/98
EMPLOYEES -- PURSUANT TO
ADMINISTRATIVE POLICY APM-1-90 AND TO
ANNUAL REVIEW.
58.
PROPOSED EMERGENCY CONTRACT FOR
DISCUSSION
187-188
LANDSCAPING AND MAINTENANCE OF US-1
2/10/98
MEDIAN -- FOR RECIO AND ASSOCIATES --
FOR ONE YEAR PERIOD ($69,922).
59.
EFFICIENCY OF CITY SOLID WASTE CREW
DISCUSSION
188-189
PICKUP OF DEBRIS FROM HURRICANE.
2/10/98
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the loth day of February, 1998, 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 10:33 a.m. by Presiding Officer/Commissioner
Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following
members of the Commission found to be present:
ALSO PRESENT:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Chairman Humberto Hernandez (District 3)
Commissioner Tomas Regalado (District 4)
Vice Chairman Arthur E. Teele, Jr. (District 5)
Jose Garcia -Pedrosa, City Manager
Joel E. Maxwell, Interim City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Josh Morales, after which Chairman Hernandez then led
those present in a pledge of allegiance to the flag.
Chairman Hernandez: Before we move to our proclamations and presentations, just for the
record, I want you to know that prior to distribution of the agenda, Item 19, 22, 27, 29, 32, 37
and 45 were withdrawn.
NOTE FOR THE RECORD: At this point, agenda items, 19, 22,
27, 29, 32, 37 and 45 were withdrawn.
February 10, 1998
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS.
----------------------------------------------------------------------------------------------------------------
(1) OFFICER JESUS IBALMEA & SGT. CHRISTOPHER AVINA.
(2) FIREFIGHTERS COMMENDATIONS.
Vice Chairman Teele: While the firefighters are coming forward, let me just say that it's a... it's
very rare that a firefighter or a police officer have the opportunity to really show what hours and
days, and in fact, years of preparation trained them for. And, this is one of the reasons why I
think this Commission is so wholeheartedly in support of more dollars for training. But, these
officers, in particular, Capt. Fernando Fernandez, Lt. Richard Herring, Lt. Ernesto J. Vila,
Firefigher Oswald A. Alvarez, Firefighter Joan Chavez...
Commissioner Plummer: Ivan.
Vice Chairman Teele: I apologize, I apologize. Ivan. I-V-A-N, not J-0-A-N. Ivan Chavez,
Firefighter William T. Christopher, Firefighter Lance Howell, Firefighter Mark Lindow and
Firefighter Hector...
Chairman Hernandez: Seagal.
Vice Chairman Teele: Seagal. Ziggy [phonetic]. These firefighers deserve your commendation.
[APPLAUSE] And, Mayor Suarez has asked the Commission to read this commendation to each
of you separately in recognition of your courageous action while fighting a fire explosion on
February 5, 1998, at 6301 Biscayne Boulevard in our City. And, even though you sustained
injuries, your prompt action averted a major catastrophe. By virtue of the authority invested in
me as Mayor, and on behalf of the City Commission and our citizens, I hereby tender to you this
letter of commendation. And, this is signed on February 10, 1998, by Mayor Xavier L. Suarez.
Let's give them a big hand. Firefighters doing their job. [APPLAUSE] And, while the
Commission is moving down, Mr. Manager, I want to just say this. On the Sunday before this
accident, I visited this fire station, and we have had for the last... what is it guys, the last three
years of promise of upgrading the fire station and moving the NET (Neighborhood Enhancement
Teams) out, so that they have more dormitory space. In the dormitory where they live, Mr.
Manager, it rains in this fire station. And, I really think that our City not only wants to give you
this commendation, but we want to go ahead and move forward with the improvements to the
fire station that is your other home, that we have been promising so many years to do. And, this
opportunity gives us an opportunity to make that commitment again, to you all. Thank you for a
job well done. [APPLAUSE]
END OF DISCUSSION -- NO ACTION TAKEN
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 10:40 A.M., AND RECONVENED AT 10:59 A.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION
EXCEPT COMMISSIONER GORT, FOUND TO BE PRESENT.
2 February 10, 1998
2. CONSENT AGENDA.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS TERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED AS A
REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER REGALADO, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Chairman Hernandez: If you can call Commissioner Gort, Commissioner Plummer, we are
going to move on. The first item of business is Consent Agenda. We have 21 Consent Agenda
items.
Commissioner Plummer: I ask 15 be removed.
Chairman Hernandez: OK. Fifteen, fifteen. You are requesting item... Consent Agenda 15 to be
removed?
Commissioner Plummer: That's correct, sir.
Chairman Hernandez: OK.
Commissioner Plummer: And, I would ask when they bring it back that they give me the
justification of one hundred and fifty thousand dollars ($150,000) for testing. It seems like it's
extremely high to me.
Unidentified Speaker: [inaudible]
Commissioner Plummer: Yes, sir.
3 February 10, 1998
Chairman Hernandez: Does anybody...? Any, of the other Commissioners, have you been able
to review your Consent Agenda items? Is there any other object to any of the Consent Agenda
items?
Commissioner Regalado: Not on my part. No.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: The Manager has cleared the three items that I had concern about, and I
appreciate the Manager responding so quickly with written clarification.
Chairman Hernandez: OK, do we have any motions? We are withdrawing CA-15 pursuant to
the request of Commissioner Plummer. Other than that, we have then, 23 Consent Agenda items
to...
Commissioner Plummer: Mr. Chairman, it's appropriate you read the terminology into the
record.
Vice Chairman Teele: What's he talking about.
Chairman Hernandez: What's he...?
Vice Chairman Teele: What terminology?
Chairman Hernandez: What terminology, the one on...?
Commissioner Plummer: Before the vote of adoption items included in the Consent Agenda is
taken, is there anyone present who is an objector or proponent that wishes to speak on any item
in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now
be taken, and I so move.
Chairman Hernandez: We have a motion by Commissioner Plummer, seconded by...
Commissioner Regalado: Second.
Chairman Hernandez: ... Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
2.1. AUTHORIZE AGREEMENT WITH MIAMI-DADE COUNTY -- FOR EXTENSION
OF WATER FACILITIES ON DINNER KEY BOATYARD.
RESOLUTION NO. 98-120
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND MIAMI-
DADE COUNTY, FOR THE EXTENSION OF WATER FACILITIES
ON DINNER KEY BOATYARD, IN THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4 February 10, 1998
2.2. ACCEPT BID: JULES BROTHERS UNIFORMS, INC. -- FOR WORK UNIFORMS
TO DEPARTMENTS -- ALLOCATE FUNDS.
RESOLUTION NO. 98-121
A RESOLUTION ACCEPTING THE BID OF JULES BROTHERS
UNIFORMS, INC., FOR THE FURNISHING OF WORK UNIFORMS
TO VARIOUS DEPARTMENTS, CITYWIDE, ON AN AS -NEEDED
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS THEREFOR FROM THE
VARIOUS USING CITY DEPARTMENT'S FY '97-98 OPERATING
BUDGETS, SUBJECT TO BUDGETARY APPROVAL;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID ACQUISITIONS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.3. ACCEPT BID: VWR SCIENTIFIC PRODUCTS, CORP. -- FOR INTRAVENOUS
FLUIDS AND ADMINISTRATION SETS FOR FIRE -RESCUE -- ALLOCATE
$58,056.50 FROM FIRE -RESCUE ACCT. 001000.280501.6.714.
RESOLUTION NO. 98-122
A RESOLUTION ACCEPTING BID FROM VWR SCIENTIFIC
PRODUCTS, CORP., FOR THE FURNISHING OF INTRAVENOUS
FLUIDS AND ADMINISTRATION SETS, ON AN AS -NEEDED,
WHEN -NEEDED CONTRACT BASIS FOR ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL
ANNUAL COST OF $58,056.50; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF FIRE -RESCUE, FY '97-98 BUDGET,
ACCOUNT CODE NO. 001000.280501.6.714; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
ACQUISITIONS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5 February 10, 1998
2.4. ACCEPT BID: DESIGNERS SERVICE BUREAU, INC. -- FOR CAFETERIA
FURNITURE IN POLICE -- ALLOCATE $11,572.50 FROM ACCT.
001000.290201.6. 850.
RESOLUTION NO. 98-123
A RESOLUTION ACCEPTING BID FROM DESIGNERS SERVICE
BUREAU, INC., FOR THE FURNISHING OF CAFETERIA
FURNITURE, FOR THE POLICE DEPARTMENT, AT A TOTAL
COST OF $11,572.50; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.850; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5. ACCEPT BID: MICHIGAN INSTRUMENTS, INC. -- FOR CARDIO PULMONARY
RESUSCITATORS -- FOR FIRE -RESCUE -- ALLOCATE $12,888 FROM ACCT.
001000.280601.6.850.
RESOLUTION NO. 98-124
A RESOLUTION ACCEPTING THE BID OF MICHIGAN
INSTRUMENTS, INC., FOR THE Furnishing OF CARDIO
PULMONARY RESUSCITATORS FOR THE DEPARTMENT OF
FIRE -RESCUE, AT A TOTAL COST OF $12,888.00' ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.280601.6.850; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
6 February 10, 1998
2.6. INCREASE BY $100,000. CONTRACT WITH N.A. LAND CLEARING, INC. /
DEMOLITION MASTERS, INC. / LANGO EQUIPMENT SERVICES / SHARK
WRECKING CORP. -- FOR DEMOLITION SERVICES TO BUILDING AND
ZONING -- ALLOCATE FUNDS FROM CDBG 23 YEAR BLOCK GRANT PROJECT
799206, ACCT. 452320.6.340.
RESOLUTION NO. 98-125
A RESOLUTION AUTHORIZING A $100,000 INCREASE TO THE
EXISTING CONTRACT WITH N.A. LAND CLEARING, INC.,
DEMOLITION MASTERS, INC., LANGO EQUIPMENT SERVICES
AND SHARK WRECKING CORP., FOR THE PROVISION OF
DEMOLITION SERVICES TO THE DEPARTMENT OF BUILDING
AND ZONING. THEREBY INCREASING THE TOTAL ANNUAL
AMOUNT FROM $150,000.00 TO $250,000.00; ALLOCATING
FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT 23RD
YEAR BLOCK GRANT PROJECT NO. 799206. ACCOUNT CODE NO.
452320.6.340.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.7. ACCEPT BID; G. FAMILY ENTERPRISE, INC. -- FOR EDISON/LITTLE RIVER
C.D. SIDEWALK PROJECT, B-4603 ALLOCATE $125,000.
RESOLUTION NO. 98-126
A RESOLUTION ACCEPTING THE BID OF G. FAMILY
ENTERPRISE, INC., IN THE AMOUNT OF $114,900.00 TOTAL BID
OF THE PROPOSAL, FOR THE PROJECT ENTITLED:
"EDISON/LITTLE RIVER C.D. SIDEWALK PROJECT, B-4603";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341304, AS
APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL
IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE
AMOUNT OF $114,900.00 TO COVER THE CONTRACT COST AND
$10,100.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $125,000.00; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
7 February 10, 1998
2.8. ACCEPT BID: MEF CONSTRUCTION, INC. -- FOR OVERTOWN CITY C.D.
SIDEWLAK PROJECT, B-4606 -- ALLOCATE $123,800.
RESOLUTION NO. 98-127
A RESOLUTION ACCEPTING THE BID OF NEW CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT OF $110,850.00 TOTAL BID OF
THE PROPOSAL, FOR THE PROJECT ENTITLED "OVERTOWN
CITY C.D. SIDEWALK PROJECT, B-4606"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 341310, AS APPROPRIATED BY
THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF
$110,850.00 TO COVER THE CONTRACT COST AND $12,950.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $123,800.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.9. ACCEPT BID: MEF CONSTRUCTION, INC. -- FOR DOWNTOWN C.D.
SIDEWALK PROJECT, B-4608 -- ALLOCATE $96,000.
RESOLUTION NO. 98-128
A RESOLUTION ACCEPTING THE BID OF MEF CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT OF $85,650.00 TOTAL BID OF
THE PROPOSAL, FOR THE PROJECT ENTITLED "DOWNTOWN
C.D. SIDEWALK PROJECT, B-4608"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 341314, AS APPROPRIATED BY
THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF
$85,650.00 TO COVER THE CONTRACT COST AND $10,350.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $96,000.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8 February 10, 1998
2.10. ACCEPT BID: F & L CONSTRUCTION, INC. -- FOR WYNWOOD CITY C.D.
SIDEWALK PROJECT, B-4607 -- ALLOCATE $96,450.
RESOLUTION NO. 98-129
A RESOLUTION ACCEPTING THE BID OF F & L CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT OF $86,090.00 TOTAL BID OF
THE PROPOSAL, FOR THE PROJECT ENTITLED: "WYNWOOD
CITY C.D. SIDEWALK PROJECT, B-4607; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 341312, AS APPROPRIATED BY
THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF
$86,090.00 TO COVER THE CONTRACT COST AND $10,360.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $94,450.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.11. ACCEPT BID: EDU-TECH, INC. -- FOR PICNIC AND GAME TABLES AT
ALLAPATTAH COMSTOCK PARK -- FOR PARKS AND RECREATION --
ALLOCATE $12,946 FORM CAPITAL IMPROVEMENT PROJECT 331309, ACCT.
589301-860.
RESOLUTION NO. 98-130
A RESOLUTION ACCEPTING THE BID OF EDU-TECH, INC., FOR
THE FURNISHING AND INSTALLATION OF PICNIC AND GAME
TABLES AT ALLAPATTAH COMSTOCK PARK, FOR THE
DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL COST
OF $12,946.00; ALLOCATING FUNDS THEREFOR FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT, CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. 331309, "ALLAPATTAH
COMSTOCK PARK RENOVATIONS", ACCOUNT CODE NO.
589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 February 10, 1998
2.12. FUND OFFICER FRIENDLY PROGRAM -- FOR POLICE -- ALLOCATE $21,000
FROM LETF PROJECT NUMBERS 690001, NET.
RESOLUTION NO. 98-131
A RESOLUTION AUTHORIZING THE FUNDING OF THE OFFICER
FRIENDLY PROGRAM, IN AN AMOUNT NOT TO EXCEED
$21,000.00 AND ALLOCATING FUNDS THEREFOR FROM THE
LAW ENFORCEMENT TRUST FUND. PROJECT NUMBERS 69001,
69002, AND 69003, SUCH EXPENDITURES HAVING BEEN
CERTIFIED 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.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.13. ACCEPT DONATION: 1987 DODGE DAKOTA PICKUP TRUCK FROM OFF
STREET PARKING -- FOR POLICE DOWNTOWN NET.
RESOLUTION NO. 98-132
A RESOLUTION ACCEPTING THE DONATION OF A 1987 DODGE
DAKOTA PICKUP TRUCK WITH AN ESTIMATED VALUE OF
$1,500, VEHICLE IDENTIFICATION NUMBER
1B7GN14M4HS437311, FROM THE DEPARTMENT OF OFF-STREET
PARKING TO BE USED BY THE CITY OF MIAMI POLICE
DEPARTMENT, DOWNTOWN NET OFFICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.14. PAY MUNICIPAL CODE CORPORATION FOR PROFESSIONAL SERVICES
RENDERED -- FOR PRINTING / CODIFYING SUPPLEMENT 2 OF CODE --
ALLOCATE $8,110 FROM ACCT. 921102-270.
RESOLUTION NO. 98-133
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PAY THE MUNICIPAL CODE CORPORATION FOR
PROFESSIONAL SERVICES RENDERED FOR THE PRINTING AND
CODIFYING OF SUPPLEMENT NO. 2 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED EIGHT THOUSAND ONE HUNDRED
TEN DOLLARS (8,110.00), FROM SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT CODE NO. 921102-270.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
10 February 10, 1998
2.15. APPROVE AMENDMENT TO BUNKERS OF MIAMI MANAGEMENT
AGREEMENT -- FOR REOPENING DATE OF INTERNATIONAL LINKS OF
MIAMI A.K.A. MELREESE GOLF COURSE AS OCTOBER 15, 1997 -- EXTEND
COMPLETION DATE FOR CONSTRUCTION OF CLUB HOUSE TO DECEMBER
31, 1998.
RESOLUTION NO. 98-134
A RESOLUTION WITH ATTACHMENT, APPROVING AN
AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO
THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF
MIAMI AND BUNKERS OF MIAMI, DATED OCTOBER 26, 1996,
FOR THE PURPOSE OF ESTABLISHING THE "REOPENING DATE"
OF THE INTERNATIONAL LINKS OF MIAMI, A.K.A. MELREESE
GOLF COURSE AS OCTOBER 15, 1997, AND EXTENDING THE
COMPLETION DATE FOR THE CONSTRUCTION OF THE CLUB-
HOUSE TO DECEMBER 31, 1998; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT IN
SUBSTANTIALLY THE ATTACHED FORM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.16. EXECUTE REVOCABLE LICENSE AGREEMENT WITH RENE AND NICOLE
MILON -- FOR CITY PROPERTY LOCATED AT MORNINGSIDE PARK FOR
$100.00 PER MONTH.
RESOLUTION NO. 98-135
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
WITH RENE MILON AND NICOLE MILON, FOR THE USE OF A
STRIP OF CITY OWNED PROPERTY WHICH IS APPROXIMATELY
12 FEET BY 106.4 FEET, LOCATED IN MORNINGSIDE PARK,
MIAMI, FLORIDA; AT A MONTHLY FEE OF $100; WITH TERMS
AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN
THE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11 February 10, 1998
2.17. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM M.
MERCER, INC. -- FOR ACTUARIAL SERVICES -- ALLOCATE $45,000, ACCT.
00100000.921.6.930.
RESOLUTION NO. 98-136
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH WILLIAM M. MERCER, INC., PURSUANT TO RESOLUTION
NO. 98-32, TO PROVIDE ACTUARIAL SERVICES TO THE CITY OF
MIAMI FOR THE FISCAL YEAR 1997/1998, IN AN AMOUNT NOT
TO EXCEED $45,000; ALLOCATING FUNDS THEREFOR FROM
NON -DEPARTMENTAL ACCOUNTS, NO 001000.921.6.930.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.18 EXECUTE SUBORDINATION AGREEMENT -- REFINANCE 5-UNIT MIXED -USE
HOUSING PROJECT AT 3650 GRAND AVENUE -- FOR RENOVATIONS BY
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. -- FURTHER
SUBORDINATE CITY'S SECOND MORTGAGE TO A NEW MORTGAGE WITH
STATE OF FLORIDA.
RESOLUTION NO. 98-137
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A SUBORDINATION
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN CONNECTION WITH THE PENDING
REFINANCING OF A 5-UNIT MIXED -USE HOUSING PROJECT,
LOCATED AT 3659 GRAND AVENUE, COCONUT GROVE,
FLORIDA, FOR THE PURPOSES OF RENOVATING SAID UNITS,
BY THE COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, INC. ("CGLDC"), THEREBY SUBORDINATING
THE CITY'S EXISTING SECOND MORTGAGE (HOME MULTI-
FAMILY REHABILITATION LOAN PROGRAM) IN THE AMOUNT
OF $120,000.00 TO A NEW FIRST MORTGAGE WITH THE STATE
OF FLORIDA, UNDER THE STATE'S AFFORDABLE HOUSING
LOAN PROGRAM IN THE AMOUNT OF $250,000.00 FOR THE
AFOREMENTIONED PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
12 February 10, 1998
2.19. EXECUTE AGREEMENT WITH CATERING BY DAVID LYNN, INC. -- FOR
CONCESSION SERVICES AT ORANGE BOWL STADIUM.
RESOLUTION NO. 98-138
A RESOLUTION WITH ATTACHMENT, APPROVING THE TERMS
OF THE ATTACHED AGREEMENT, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH
CATERING BY DAVID LYNN, INC., IN SUBSTANTIALLY THE
ATTACHED FORM,. FOR THE PROVISION OF CONCESSION
SERVICES AT THE ORANGE BOWL STADIUM, FOR A PERIOD OF
FIVE (5) YEARS, WITH THE OPTION TO EXTEND FOR ONE (1)
ADDITIONAL FIVE (5) YEAR PERIOD.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.20. REALLOCATE $16,073.73 FROM 1994 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT FUNDS -- FOR SHORT
TERM HOUSING ASSISTANCE TO LOW INCOME PERSONS WITH HIV/AIDS
THROUGHOUT MIAMI-DADE COUNTY.
RESOLUTION NO. 98-139
A RESOLUTION REALLOCATING FUNDS IN THE AMOUNT OF
$16,073.73 IN FISCAL YEAR 1994 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT FUNDS,
ACCOUNT NO. 194002.590602.6860.94654, FROM LONG TERM
HOUSING ASSISTANCE TO SHORT TERM HOUSING
ASSISTANCE, AND RESCINDING AND REALLOCATING FUNDS
IN THE AMOUNT OF $33,169.00 IN FISCAL YEAR 1995 HOPWA
PROGRAM GRANT FUNDS, ACCOUNT NO.
194003.590603.6860.94654, FROM OPERATING SUBSIDIES TO
SHORT TERM HOUSING ASSISTANCE, AND AWARDING SAID
FUNDING TO MIAMI-DADE COUNTY'S DEPARTMENT OF
HUMAN RESOURCES FOR THE PROVISION OF SHORT TERM
HOUSING ASSISTANCE TO LOW INCOME PERSONS WITH
HIV/AIDS THROUGHOUT ALL OF MIAMI-DADE COUNTY, AND
ALLOCATING SAID FUNDING THEREFOR FROM SAID
ACCOUNTS; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE
PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
13 February 10, 1998
2.21. AMEND R-97-631 --- INCREASE FUNDING TO $107,430.64 -- FOR SHORT TERM
HOUSING ASSISTANCE TO LOW INCOME PERSONS WITH HIV/AIDS
THROUGHOUT MIAMI-DADE COUNTY.
RESOLUTION NO. 98-140
A RESOLUTION AMENDING RESOLUTION NO. 97-631, BY
INCREASING THE FUNDING IN THE AMOUNT OF $97,373.69 TO
$107,430.64 (ACCOUNT NO. 194003.590603.6860.94654), AWARDED
TO MIAMI-DADE COUNTY'S DEPARTMENT OF HUMAN
RESOURCES (OFFICE OF COMMUNITY SERVICES) FROM
UNCOMMITTED AND UNALLOCATED HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) FISCAL
YEAR 1995 FUNDS; SAID FUNDS TO BE USED FOR THE
PROVISION OF SHORT TERM HOUSING ASSISTANCE TO LOW
INCOME PERSONS WITH HIV/AIDS THROUGHOUT ALL OF
MIAMI-DADE COUNTY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.22. DECLARE OPPOSITION TO FLORIDA HOUSE BILL 3291 REGARDING
FRANCHISE FEES FOR UNDERGROUND RIGHT-OF-WAY ACCESS TO BURY
TELEPHONE LINES.
RESOLUTION NO. 98-141
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
ITS OPPOSITION TO FLORIDA HOUSE BILL NO. 3291
REGARDING FRANCHISE FEES FOR UNDERGROUND RIGHT-OF-
WAY ACCESS TO BURY TELEPHONE LINES; FURTHER
DECLARING OPPOSITION TO ANY PROPOSAL WHICH PLACES
UNFAIR RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE
FEES CHARGED BY MUNICIPALITIES TO FOR -PROFIT
TELEPHONE COMPANIES FOR SERVICES AND PERMITTING
THEIR BUSINESS TO BE CONDUCTED ON PUBLIC LANDS
WITHOUT SEEKING ADDITIONAL AUTHORITY FROM
MUNICIPAL GOVERNMENTS; 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.)
14 February 10, 1998
2.23. AUTHORIZE RELEASE / CANCELLATION OF COVENANT TO RUN WITH LAND
WITH REGARD TO INSTALLATION OF COMPUTER DUCT BANK WITHIN
DEDICATED RIGHT-OF-WAY OF N.W. 4 STREET EXECUTED BY WOMETCO
ENTERPRISES, INC.
RESOLUTION NO. 98-142
A RESOLUTION AUTHORIZING THE RELEASE AND
CANCELLATION OF THAT CERTAIN COVENANT TO RUN WITH
THE LAND WITH REGARD TO THE INSTALLATION OF A
COMPUTER DUCT BANK WITHIN THE DEDICATED PUBLIC
RIGHT -OF WAY OF NORTHWEST 4 STREET EXECUTED BY
WOMETCO ENTERPRISES, INC. CONCERNING THAT PROPERTY
DESCRIBED AS LOT 1, 2 AND 3, INCLUSIVE, AND LOTS 21, 22, 23
AND 24, INCLUSIVE, BLOCK 77N, AND LOTS 1 THROUGH 7,
INCLUSIVE, AND LOTS 16 THROUGH 22, INCLUSIVE, AND THE
NORTH 25 FEET OF LOTS 23 AND 24, ALL IN BLOCK 86N, A. L.
KNOWLTON MAP OF MIAMI, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK B AT PAGE 41 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
FURTHER, AUTHORIZING AND DIRECTING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INSTRUMENT
FORMALLY RELEASING AND CANCELING SAID COVENANT TO
RUN WITH THE LAND, AND FORWARD SAID EXECUTED
INSTRUMENT TO THE CLERK OF THE CIRCUIT COURT FOR
RECORDING IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
NOTE FOR THE RECORD: Commissioner Gort entered the City
Commission Chambers at 11:01 a.m.
----------------------------------------------------------------------------------------------------------------
3. RECONSIDER M 98-113 (DENIAL OF PROPOSED ORDINANCE TO
AMEND ZONING ORDINANCE TO ADD ACCESSORY BANKING AND
TRAVEL SERVICE USES) -- SCHEDULE CONSIDERATION OF SAID
PROPOSED ORDINANCE FOR NEXT COMMISSION MEETING.
Commissioner Plummer: Mr. Chairman, I had brought to your attention before, if I may?
Chairman Hernandez: Go ahead.
Commissioner Plummer: Based on, I have never done this before, I need to... where is it?
Somebody moved it. No, I had an item to be revisited. For... to be put over to the next agenda.
I will have to find it, sir, and get back to you.
15 February 10, 1998
Commissioner Plummer: Could you give me a copy of it, and we will put in on... We will bring
it before the Commission before the day's end.
Commissioner Plummer: I had it here. What happened to it, PZ-9, of the last...?
Chairman Hernandez: Is is something that needs to be taken care of, prior to lunch?
Commissioner Plummer: Here it is. Mr. Mayor, Mr. Chairman. Huh, I did it again, didn't I.
Mr. Chairman, PZ-31 of the last Commission meeting, I asked for reconsideration to the next
agenda. I really didn't have all the facts on it. So, at this time, I would move to revisit the item,
to come back on the next agenda, if I may?
Vice Chairman Teele: Second the motion.
Chairman Hernandez: A motion by Commissioner Plummer, seconded by Vice Chairman Teele.
All those in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Thank you, Mr. Chairman.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-143
A MOTION TO RECONSIDER MOTION 98-113 PASSED ON JANUARY 27, 1998
WHICH HAD PREVIOUSLY DENIED A PROPOSED ORDINANCE TO AMEND
ZONING ORDINANCE BY ADDING ACCESSORY BANKING AND TRAVEL
SERVICE USES CONDITIONALLY WITHIN R-3 AND MORE LIBERAL
DISTRICTS; FURTHER DIRECTING THE CITY MANAGER TO SCHEDULE SAID
PROPOSED ORDINANCE AT THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: I don't know why he took if off anyway.
Commissioner Plummer: Because, I didn't... very truthfully, I didn't realize that every one
application took a special hearing.
16 February 10, 1998
----------------------------------------------------------------------------------------------------------------
4. (A)RATIFY / APPROVE / CONFIRM / WAIVE COMPETITIVE BID
PROCESS -- APPROVE ACQUISITION OF SMARTPATH LIGHTGATE
SERVICE FOR POLICE E911 SYSTEMS FROM BELLSOUTH
TELECOMMUNICATIONS -- ALLOCATE $14,652 FROM ACCT.
196002.290460.6.510.
(B)COMMENTS REGARDING NEED TO EXPEDITE PURCHASE OF
NEEDED EQUIPMENT TO MAINTAIN SOLID WASTE SERVICES --
FURTHER REQUESTING COMMISSION TO SUPPORT SOLE SOURCE
INITIATIVES WITH PROPER JUSTIFICATION.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: First agenda item, regular agenda item is item number two.
Mr. Joel Maxwell (Interim City Attorney): Can I see the item, J.L.?
Commissioner Plummer: Moved.
Chairman Hernandez: We have a motion, by Commissioner Plummer...
Commissioner Regalado: Second.
Chairman Hernandez: ... seconded by Commissioner Regalado.
Commissioner Plummer: And, just for the record, just for the record. You know, I really don't
like where we don't go to competitive bidding, Mr. Manager. There are exceptions and I realize
that on sole sources and things like that. But, I haven't had the chance to tell you this before.
So, in the future, I want you to know that I am going to be questioning any time you don't go to
competitive bidding, you are going to have to give me a real good justification.
Vice Chairman Teele: On the point.
Chairman Hernandez: Vice Chairman.
Vice Chairman Teele: Mr. Mayor... Mr. Chairman, I realize we have a short agenda and I
certainly won't belabor this issue that Commissioner Plummer has raised. But, I want the
Manager to know that there may be some other views on that issue. I fully agree with what
Commissioner Plummer has just said to you, Mr. Manager. But, I have to tell you that this City
has been in a financial emergency for the last two years, and a lot of things that should have been
done, have not been done. And, I am very sympathetic to you and your management team in
getting your hands around it. But, I think you are going to need to do some... I have the view
that you are going to have to do some sole sources and some expediting if you ever intend to
work your way through this problem. Mr. Manager, this morning I visited the Solid Waste at
seven... at five thirty this morning. There are seven cranes that have been there since 1994
waiting to be worked on, seven.
Chairman Hernandez: They are brand new.
Vice Chairman Teele: Seven cranes. They cannot find a bidder. The County apparently has
someone who has been doing the work. I asked the question this morning, why don't we buy off
the County contract? There is a company that's called, Hydraulic Sales that's doing the same
17 February 10, 1998
work for the County. I don't know why we got to all write our own bid specifications. We
ought to be willing to buy off of a Pensacola or Key West bid document, if it's going to get the
job done. There four cranes that have been waiting for parts for three years. Buggy rollers,
whatever they are, telescopic rims. And, the reason this is important is, every Commissioner up
here has got neighbors and constituents calling about wanting the get the trash picked up. Now,
Commissioner Plummer whom I generally agreed with has said, "don't do any more sole
sources." Mr. Manager, I will support any reasonable action you can take to get the Solid Waste
and the GSA (General Services Administration) functioning so that we can have the kind of trash
pickup, the kind of rolling stock, fire equipment, police equipment that's moving and rolling so
that we can best serve this City. And, I would ask, Commissioner Plummer, and the Chairman
and the other Commissioners, let's give the Manager a little leeway here to get this thing
straightened out. This didn't happen in one day. You have got a man out there, I can't even
remember his name, he just went over from the Fire Department, as the Fleet Manager, and a
supervisor over there, who is also from the Fire Department. Those people are busting their
fannies out there and the place is a mess. It's a real mess. I was encouraged, Mr. Manager, to
learn that you are going to be going there on Thursday, and they are looking forward to that. So,
this is sort of a pre -warning, but we cannot afford to just continue to wait year after year. It's
going to take them literally a year to draw up specifications to do a bid document. Because,
these are one of a kind items in a City. And, these are seven cranes that have been there literally,
since 1994, paid for, bought, but just sitting there, nobody can use them, and they need a whole
array of things. And, I would just appeal to Commissioner Plummer, Commissioner Gort,
Commissioner Regalado and the Chairman to let's give the manager and management the
opportunity... We have got enough problems with the Oversight Board in getting some of these
sole sourced. But, there is a reason to do sole source and there is a way to document sole source.
There is nothing wrong with doing a sole source if you have an emergency.
Commissioner Plummer: If it is a sole source.
Vice Chairman Teele: What I don't want you to do is, to do it and then come back to us and say,
you want us to ratify. Because, as I told you on yesterday, Mr. Manager, I have concerns, the
same concerns that Commissioner Plummer has said today, I share those concerns about several
items on this list, especially things that have already been done. If you came to us and asked
for... request to approve a sole source, I would feel a lot better than when the City management is
going ahead and doing something and then all we can do is rubber stamp it. And, we have got
some items on here that basically we have to rubber stamp it or we are going to basically put the
City at risk. And, I don't know how that is going to play up the line. But, I do want you to
know, Mr. Manager, you have got real problems, problems that you inherited, and if you go
through all of the steps, you are going to be here another year or two, just getting bid documents
drawn up. So, I agree with Commissioner Plummer, but I wasn't here when the mess was, you
know... I want to help you, and I want to be very clear that I want to help you get your hands
around the problem, and I will yield to Commissioner Gort because this is an area that he has
particular interest in.
Commissioner Gort: Commissioner, I was a bit luckier than you were, I met with them Friday,
but at six o'clock in the morning, not at five thirty. And on Monday, I made the statement, the
same statement you are making today. I told the City Manager, we need to do something,
motorpool. We need to get those vehicles going so they can clean up the City and we won't
have any problem with it. And, I have sent memos to him, and he committed to me that that
would take place, because they need the equipment to do their jobs, so...
Commissioner Plummer: Just for the information, and keeping my friendship with my good
friend, Arthur. I didn't say, no sole sources, I said more justification if they are to be sole
sources.
18 February 10, 1998
Commissioner Gort: Move item three. The justification is there.
Commissioner Plummer: Two, two, two.
Vice Chairman Teele: So moved. Second.
Commissioner Gort: That's... We voted on that already.
Commissioner Plummer: It's been moved. It hasn't been voted on. Voter puts on...
Chairman Hernandez: A motion by Commissioner Willy Gort, second by Vice Chairman Teele.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-144
A RESOLUTION WITH ATTACHMENT, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER
A DULY ADVERTISED PUBLIC HEARING, THE CITY COMMISSION RATIFIES,
APPROVES AND CONFIRMS THE CITY MANAGER'S DETERMINATION THAT
COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES,
AND APPROVES THE ACQUISITION OF SMARTPATH LIGHTGAGE SERVICE
FOR THE POLICE DEPARTMENT'S E911 SYSTEMS FROM BELLSOUTH
TELECOMMUNICATIONS, INC. FOR A TWENTY-FIVE (25) MONTH PERIOD AT
AN ANNUAL COST OF $14,652.00; ALLOCATING FUNDS THEREFOR FROM
THE E911 OPERATING BUDGET, ACCOUNT NO. 196022.290460.6.510;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH BELLSOUTH FOR THIS
SERVICE AND TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
A PURCHASE ORDER FOR SAME.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
19 February 10, 1998
----------------------------------------------------------------------------------------------------------------
5. RATIFY / APPROVE / CONFIRM / WAIVE COMPETITIVE BID PROCESS --
APPROVE ACQUISITION OF FRAME RELAY SERVICE FOR POLICE
AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS)-- FROM
BELLSOUTH TELECOMMUNICATIONS -- ALLOCATE $7,153.64 FROM
ACCT. 00100.290201.6. 670.
Commissioner Plummer: Now three. Move it.
Commissioner Gort: Second.
Commissioner Plummer: Again, the same comments.
Chairman Hernandez: Item number three. Motion by Commissioner Plummer, seconded by
Commissioner Gort. Discussion. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-145
A RESOLUTION WITH ATTACHMENT, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER
A DULY ADVERTISED PUBLIC HEARING, THE CITY COMMISSION RATIFIES,
APPROVES AND CONFIRMS THE CITY MANAGER'S DETERMINATION THAT
COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES,
AND APPROVES THE ACQUISITION OF FRAME RELAY SERVICE FOR THE
POLICE DEPARTMENT'S AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM (AFIS) FROM BELLSOUTH TELECOMMUNICATIONS, INC., FOR A
THIRTY-SIX (36) MONTH PERIOD, AT A FIRST YEAR TOTAL COST OF
$7,153.64 ($6,263.64/SERVICE AND $990,00/ONE TIME INSTALLATION FEE);
ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT
GENERAL FUND, ACCOUNT NO. 001000.290201.6.670; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BELLSOUTH FOR THIS SERVICE AND TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAME.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
20 February 10, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
6. PROPOSED FIRST READING ORDINANCE: APPROVE CREATION OF
SPECIAL TAXING DISTRICT BY MIAMI-DADE COUNTY -- FOR
ENTRADA NEIGHBORHOOD.
Chairman Hernandez: Item number four.
Commissioner Gort: Moved.
Commissioner Plummer: Second.
Chairman Hernandez: Moved by Commissioner Plummer...
Commissioner Plummer: It's my district, I guess, I move it.
Chairman Hernandez: Moved by Commissioner Gort, seconded by Commissioner Plummer.
Discussion.
Commissioner Plummer: Under discussion. There is... In discussion with Mr. Kay, this
morning, there is one item that needs to be cleaned up before it comes back to second reading.
So, if you will put that on the record so that matter can be addressed prior to second reading.
Mr. Jim Kay (Director/Public Works): Yes, sir. And, I have spoken to the...
Commissioner Plummer: For the record, your name and who you represent.
Mr. Kay: My name is Jim Kay. I am the director of the Public Works Department. This
morning I spoke with the president of the Homeowners Association regarding this district which
is just East of Main Highway on Matheson Avenue and Stuart Avenue shown on the display in
the back. The issue that could possibly delay the second reading, is the one of dedication of
public right-of-way. And, that is, to dedicate West Drive, where the pointer is, to the City. That
right now is a private road. West Drive is a private road and it has to be dedicated as a public
road by the Entrada Corporation. So, the...
Commissioner Plummer: So, you have made them aware.
Mr. Kay: Yes, sir, I have.
21 February 10, 1998
Commissioner Plummer: OK, that's fine. So, they know that the ball is in their court and that if
they want a second reading on a timely manner, they have got to comply.
Mr. Kay: Yes, sir, they do.
Commissioner Regalado: Mr. Chairman, I think that we should tell the people of Miami that this
project is being paid by the residents. And, could you...?
Mr. Kay: Yes, sir. It's funded 100 percent by the residents that will be within the taxing district.
Commissioner Regalado: And, I think that we should recognize that there are families here,
and... Would you come up?
Mr. Bill Huggett: My name is Bill Huggett, and I am the chairman of the Action Committee of
Entrada to make the taxing district. I live at 3245 Matheson, and I would like to have the people
who are in favor of it, just stand up and be recognized. I won't name them all, as I would like to
do, because I know you have got lots of other things to do, but, we kind of take this as a Civics
lesson to come here and see our government in action. And, there are, of course, one or two
opposed, as in every project, so I guess, they should have them stand-up, too. Thank you.
Mr. Jose Garcia -Pedrosa (City Manager): Mr. Chairman, if I may just clarify? As always with
these types of projects, the matter of police services is always subject to the availability of
officers. So, with the neighbors here, we want to make sure they understand that we always do
that with these guardhouse projects.
Mr. Joel Maxwell (Interim City Attorney): Mr. Chairman, the Police Department has also
requested two minor changes that one of my assistants will read into the record for your
consideration as well.
Chairman Hernandez: Please.
Ms. Ana Maria Pando, Esq. (Assistant City Attorney/Police Legal Advisor): Good morning,
Ana Maria Pando, Assistant City Attorney/Police Legal Advisor. Section IV of the ordinance
needs to include a minor amendment. It should read, right after the end of "Stationary Guard
Services" at the end. A sentence shall be added to read:
"This service is subject to the availability of off -duty police officers to perform this
function, and excludes coverage that the City requires a utilization of its police officers for
emergency situations, such as natural disasters, civil disturbances, special events, and similar situ
ations."
We are concerned that by passing this ordinance as is, if we have personnel shortages because of
some type of emergency, we won't be able to cover that particular roving patrol detail.
Commissioner Plummer: I don't know why you would go to that extent of that wording. Why
don't you just say "as to the availability" period, amen? I mean, I don't want to bind all the way
down the line. I will accept the terminology as a friendly motion that the City of Miami Police
Department "as available."
Ms. Pando: That's fine.
Commissioner Plummer: What is the other change?
Ms. Pando: That's all. We were just being a little bit more specific, but that's fine.
22 February 10, 1998
Mr. Stephen Helfman: Thank you, Mr. Chairman, my name is Stephen Helfman. My offices are
at 2665 South Bayshore Drive. I am here today on behalf of one of the property owners within
the proposed district, Mister... Actually, a husband and wife, Mr. and Mrs. Sharlen who live on
Stuart. They are opposed to the passage of this district that is, as it's currently proposed. And,
for the record, I would like to state that there are far more than just one simple issue in terms of
the effectiveness of this district. I have raised all of them with the City Attorney's Office, as
well as the Public Works Department. And, what we would like to see happen today, is that this
go forward on first reading, but that there be a clear understanding that there is strong opposition
to the district. We will attempt to meet with our neighbors as well as your staff to try to work
through the problems. But, if they are not resolved by second reading, we reserve our right put
on a full presentation.
Commissioner Regalado: What are the problems?
Commissioner Plummer: Call the question.
Mr. Helfman: The...
Commissioner Plummer: Oh, did you ask a question?
Mr. Helfman: Yes.
Commissioner Regalado: I did.
Commissioner Plummer: Oh, I am sorry.
Mr. Helfman: There are also, I am not the only opposition here. There are three other property
owners who are here in opposition to the request. The problems are very lengthy, but just to tell
you, this was a private subdivision, and all of the roads within that area were private. Some of
them had been dedicated to the public, some of them haven't. There are multiple issues
associated with that. On top of that, for... just for example, West Drive is at its narrowest point, I
believe, 22 feet. Your City Code provides that no public street should be less than 50 feet. How
you create a public street contrary to the code, I don't know. There is a road closure at Stuart
that's required. Your code has a very specific process for closing roads, arising out of the
Natoma problem and all the road closures along U.S. 1. You all adopted a set of regulations on
how you go through a street barricade. Those have not been followed here. There are multiple,
multiple issues. We are not asking that the matter be deferred today. We understand that they
are on a certain time frame. We will try to resolve those issues so that they can stay on that path.
If not, we will be putting on a full case in opposition. Thank you.
Commissioner Plummer: May I suggest, Mr. Helfman, that you make all of the Commission
available of your items of objections, so that we can get them ironed out before the second
reading, if possible.
Mr. Helfman: Absolutely.
Commissioner Plummer: I call the question.
Mr. Ronald Shapo: Mr. Chairman, for the record, if I just may...? Ronald Shapo, 200 Biscayne
Boulevard. I was deferring and appreciating Commissioner Plummer's prompt action, but I
think in view of that comment, I should at least state for the record that the comment of strong
opposition, there is clearly an opponent or two, but more than 75 percent of the people who live
in this district have already signed an approval, and we were aware of Mr. Helfman's issues, and
23 February 10, 1998
we have agreed to meet with him and we are confident, and with Mr. Maxwell and Mr. Kay, we
are confident they can all be resolved before second reading. Thank you.
Chairman Hernandez: Thank you, Mr. Shapo. The question has been called. Do I have a
motion?
Mr. Maxwell: I think you have a motion already, Mr. Chairman.
Commissioner Plummer: I moved it.
Commissioner Gort: It's been moved and seconded.
Mr. Maxwell: Moved and seconded.
Chairman Hernandez: Can you read the ordinance, please?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
An Ordinance entitled -
AN ORDINANCE APPROVING THE CREATION OF A SPECIAL TAXING
DISTRICT BY MIAMI-DADE COUNTY FOR THE ENTRADA NEIGHBORHOOD,
MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING 24-HOUR STATIONARY
SECURITY GUARD SERVICE AND INTERIM ROVING POLICE PATROL
SERVICE; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI
AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION
OF ONE GUARD HOUSE FACILITY, GATES, ONE STREET CLOSURE
RECONSTRUCTION OF MATHESON AVENUE, RIGHT-OF-WAY ACQUISITION
AND RECONSTRUCTION OF WEST DRIVE, DEMOLITION OF A TENNIS
COURT, INSTALLATION AND OPERATION OF TRAFFIC CONTROL DEVICES;
AUTHORIZING AND APPROPRIATING AN AMOUNT NOT TO EXCEED ONE
HUNDRED SIXTY-EIGHT THOUSAND DOLLARS ($168,000) FOR SAID CAPITAL
IMPROVEMENTS, AND ADDITIONAL EXPENDITURES FOR ROVING POLICE
PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES;
PROVIDING FOR TITLE, INSURANCE AND GUARD HOUSE LOCATION;
REQUIRING AN INTERLOCAL AGREEMENT; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
24 February 10, 1998
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 Hernandez: Item number five.
Mr. Shapo: Thank you, very much.
Vice Chairman Teele: Mr. Chairman, before you leave... Could we make sure that all of the
persons that are in opposition, that you give the Clerk a copy of them, so that they can be
apprised of any developments on this?
----------------------------------------------------------------------------------------------------------------
7. DISCUSS / DEFER / CONTINUE CONSIDERATION OF AGENDA ITEM 5
(AMENDMENT TO DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL
IMPACT (DRI) MASTER AND INCREMENT 1 DEVELOPMENT ORDERS)
TO SCHEDULED MEETING OF FEBRUARY 24, 1998, AFTER FIRE
ASSESSMENT FEE ITEM.
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Chairman Hernandez: Item number five.
Mr. Jose Garcia -Pedrosa (City Manager): Mr. Chairman, before I ask Lourdes Slazyk to explain
the details of the matter, let me just introduce it by stating that after the DRI (Development
Regional Impact) of the American Airlines Arena, which is what this matter relates to was
passed, the State Department of Community Affairs made certain objections and issues relating
primarily to traffic and parking matters. Thereafter, my staff met with the DCA (Department of
Community Affairs) personnel as well as with The Miami Heat personnel. We have presented to
you language that Lourdes will describe to you in a moment which constitutes the agreed upon
resolution of those concerns by the Department of Community Affairs. The salient aspect of it,
that is, at this time, the parties and agreement include, not just the staff and the DCA, but also
The Miami Heat. So, if you will permit Lourdes Slazyk to give you a very brief summary of
what the proposed -amendment is, and then, what you have in front of you is a resolution
amending the DRI by including this language if you so desire.
Commissioner Regalado: Mr. Manager, before Lourdes explains. We spoke yesterday, and is
Sunday included or excluded in this?
Ms. Lourdes Slazyk (Assistant Director/Planning and Development Dept.): Within the
Downtown DRI, the definition of peak hour is Monday through Friday, so Sunday would not
be...
Commissioner Regalado: So, this...
Ms. Slazyk: They could have events on Sunday.
Commissioner Regalado: Special daytime events do not include Saturdays or Sundays?
Ms. Slazyk: That's not in the definition of peak hour, so, no.
Commissioner Regalado: But...
25 February 10, 1998
Mr. Garcia -Pedrosa: The answer to your question is, yes. They do not include...
Chairman Hernandez: Include, yes...
Vice Chairman Teele: Right.
Mr. Garcia -Pedrosa: ...
Commissioner Regalado: They will not include. OK.
Chairman Hernandez: All right. Lourdes.
Ms. Slazyk: OK, just... It will be a very brief presentation, because, you know, the conditions
that you all have before you now are the conditions that we are recommending be included in the
development order. But, just by way of explanation, briefly. When we adopted the DRI about
ten years ago or so, we contemplated that we would need changes of land use categories
depending on what the market was going to demand by way of development. So, we built into it
a process by which we could simultaneously increase and decrease land use categories in the
DRI to accommodate the development. You... This Commission has passed several amendments
of this type before. This is again, asking for a reduction in the office credits in order to increase
the attraction and recreation seats by 24,000 seats to accommodate the new arena. There is still
over 6,000,000 square feet of office left in the Downtown DRI. We only have until 1999 to use
it. But, then, we will have to do the studies to increment one, or so on. But, we don't think that
there are... you know, we don't think we are going to get anywhere near 6,000,000 square feet
of office by then. So, this will not have an adverse effect on office development or any other
type of development in downtown. And, with the conditions that were handed out to you, agreed
by DCA and The Heat, we are recommending approval.
Commissioner Plummer: Yeah, but wait a minute. What about the amount of peak hour traffic?
Ms. Slazyk: OK, that is addressed in...
Commissioner Plummer: No, that is, that is major. And, I am amazed that you did not address
that first and foremost because that is still in my estimation, going to be the devastating factor.
When you figure from five to seven o'clock in the afternoon is when those boats come back in,
or when they leave, and you have an event at that FEC Tract, you are going to now have within
two years, you are going to have the Performing Arts. You are going to have the New World
Symphony. You are going to have the new arena. You are going to have Bayside. You OK
Bayfront Park, and you can imagine what's there today cannot accommodate the traffic. That is
the problem area. And, now they are asking us through, I understand through this resolution, to
eliminate that restriction on a great number of the days. Am I correct?
Ms. Slazyk: Well, not really. The way this is written right now with these conditions, they
cannot have any daytime events that... that either begin or end during the peak hour. They are
going to have to do... They are agreeing by these conditions to do another notice of proposed
change to allow them to have daytime events. And, when that's done, at some time in the future,
there will be a limit of ten on those per year, and they have to address...
Commissioner Plummer: I am opposed to any, just for the record, OK.
Ms. Slazyk: Right. This doesn't give them any.
Commissioner Plummer: Now, my other question is, is to the dedicated parking lots. My
understanding was, that they were to give us a designated "X" number of parking lots that could
not be changed. I have not seen that.
26 February 10, 1998
Ms. Slazyk: No. That's going to be part of their traffic management plan which will... which
requires Commission approval.
Commissioner Plummer: Yeah, but you see, what they are doing to us... Excuse me. What they
are doing to us, right now is trying to piecemeal this thing, so that it doesn't look like one big
bam, and that's what I am trying to avoid. I would rather defer this, and let's handle it all at one
time so we realize the tremendous impact that could occur. I mean, you have got the traffic; you
have got the hours; you have got floor space; you have got office space; you have got all of this
together. And, piecemealing it here, it doesn't hurt but a little bit. And, then when they come at
the very end, and you suddenly... You know, let's stop it for one minute. One minute. This
whole proposal was to increase the port facilities. That's gone. That doesn't even exist today. It
might exist in Bicentennial. But, I am telling you that I am very, very concerned about the
traffic and parking. They have 1,200 parking spaces on that site, and every one of those are now
restricted and sold only to the box holders. That's their purview, and I have no problem with
that. But, until they come up and give me some dedicated parking lots, give me dedicated
parking plans, and traffic plans, I think this Commission is making a mistake of doing this thing
piecemeal. That's my thoughts.
Mr. Garcia -Pedrosa: Mr. Chairman, let me respond, if i might, only because... Without
disagreeing with you at all, Commissioner, that the purpose here should not be to piecemeal a
response. What we are trying to achieve, frankly, is to avoid an appeal by the Department of
Community Affairs. And, if we don't do this, that's what going to happen.
Vice Chairman Teele: Mr. Chairman. Excuse me. Did you say you wanted to defer this?
Commissioner Plummer: Sir, I am scared of asking on piecemeal basis. That's my fear.
Vice Chairman Teele: Well, I mean, look. We are getting nickel-dimed here. And, I think it's
pretty obvious to everybody here we are getting nickel-dimed. I mean, the fact that... with all
due respect. The staff starts out this report the way they did, without putting the real problems
on the table and give us all the "gully -gook" [phonetic] about the office space and all of that.
You know, the State of Florida has done our job for us. And, you know, let's face it, all five of
us failed in our obligation to protect the citizens, and it wound up being in our obligation to
protect the citizens. And, it wound up being through the State of Florida, the DRI process, that
the State said, "County and City, you don't have a plan to protect the citizens down there for
traffic." Now, it's fine for all of us to get all excited about it now, but for us not to be informed
of that in a very forthright manner, to me, first of all, just sort of serves notice. There is issues
here relating to the "First Hire" which are not even addressed here.
Chairman Hernandez: Yeah.
Vice Chairman Teele: I mean, in any intelligent way, I guess they think, you know, we are
going to go to sleep on this. I specifically asked that there be a comprehensive agreement and a
plan that they offer us. The County, the MPO, needs to come forth with us, with money to be
able to implement this. This is a County project. We have got to do a transportation
management plan, or they are saying that the arena operators have to do it. But, we have got to
manage it, unless they want us to just rubber stamp it, where is the MPO money to support this
activity?
Commissioner Plummer: I am here, happy to hear somebody else's concern. I now will move to
defer.
Vice Chairman Teele: Second the motion.
27 February 10, 1998
Chairman Hernandez: We have a motion and a second. Before...
Mr. Maxwell: Are you continuing to a date certain, sir?
Chairman Hernandez: Before we vote, I would like to hear from the City Manager.
Mr. Garcia -Pedrosa: Yeah, I think we need to understand the two things. First of all, the limited
purpose of this, as I said, is to avoid an appeal by the Department of Community Affairs, which
is [unintelligible] of the entire project. Mr. Vice Chairman...
Commissioner Plummer: It's not our fault.
Mr. Garcia -Pedrosa: ... the matters that you addressed which you have brought up in the past,
are being addressed. The reason they are not part of this, is because this is a very narrow
response to a very narrow set of objections raised by the Department of Community Affairs.
But, I was just checking with Lourdes to ensure that the matter of...
Vice Chairman Teele: Mr. Manager, with all due respect. If you get the record, the Clerk will
give you the record. They specifically committed that there would be a plan submitted today.
That there would be a budget to implement and support that. I am not interested in the City
incurring anymore cost. I have not seen any money to support this. If it is there, I stand
corrected. Is there money in the plan?
Ms. Slazyk: Let me try to explain. What you approved at the last meeting was their Major Use -
Special Permit. What's before you is the DRI amendment for their credits. Without... Their
Major Use is already...
Commissioner Gort: They can't do anything.
Commissioner Regalado: Yeah.
Vice Chairman Teele: Yeah, hold it, ma'am. Look, I know what I did in the last meeting. And,
I added an amendment to that, that said on February loth... What's today's date?
Chairman Hernandez: The tenth.
Ms. Slazyk: The tenth.
Vice Chairman Teele: That they would come back and present a comprehensive plan. In fact,
we agreed that they would execute the agreement today on the First Source Hiring. Now, why
don't we defer this matter. Let's get the tape out because obviously the staff wants to tell me
what I moved and what this Commission approved. And, the staff, with all due respect is in
error.
Commissioner Plummer: Call the question.
Mr. Maxwell: Defer to a date certain.
Vice Chairman Teele: But, I think we need to clarify so we are not putting the lawyers and the
consultants and the staff in a position of not knowing what we want. And, I would like to take
the opportunity. My motion and my support for Commissioner Plummer is solely so that... to
address what Commissioner Plummer said. And, that is, we are not being nickel-dimed,
piecemealed. We need one comprehensive document on this, so that we know exactly what we
28 February 10, 1998
are doing, including budgets. And, I think it would be very helpful, Mr. Chairman, Mr.
Manager, if the Manager would put all of his issues on the table and allow each of us to put our
issues on the table as it relates to this and all of the various components of this, as well as let the
staff put their concerns on the table.
Chairman Hernandez: State your name and address.
Ms. Judith Burke: Chairman Hernandez, may I address the Commission? My name is Judy
Burke, I am an attorney with law offices at 201 South Biscayne Boulevard and I represent
Basketball Properties, Limited. Basketball Properties, Limited is not the applicant today. The
application that you are being asked to vote on, is an application by the Downtown Development
Authority. Obviously, we are participants but...
Commissioner Plummer: Mr. Chairman, excuse me. This is out of order. You can only speak
to the motion on the floor. The motion on the floor is a deferment. The next meeting is fine
with me, if they can come back with the answers by then, that's fine with me, the next meeting.
If not, we will defer out again.
Chairman Hernandez: Mr. Manager. I need a date.
Mr. Maxwell: All right, I'll ask that you specify the date to save us the advertising cost.
Commissioner Plummer: March the 24th.
Chairman Hernandez: March?
Vice Chairman Teele: February.
Commissioner Regalado: Yeah, but what...?
Chairman Hernandez: You are talking... The next meeting is February.
Commissioner Gort: February.
Commissioner Plummer: You want to make it the next meeting? Then, February is fine with
me. That's up to them to get us the answers and get us something in writing. You know, here
we are, we are already changing the original on the office space.
Chairman Hernandez: OK, the question has been called.
Vice Chairman Teele: Do you have a transcript on this?
Chairman Hernandez: We have a motion by Vice Chairman Teele, seconded by Commissioner
Plummer.
Vice Chairman Teele: Discussion.
Chairman Hernandez: Discussion.
Vice Chairman Teele: Mr. Manager, Mr. Chairman, respectfully, the document that is before me
on page 19 and 20...
Chairman Hernandez: Uh-huh.
29 February 10, 1998
Vice Chairman Teele: ... of I guess, Exhibit A, includes a series of items related to the City of
Miami. These are issues that are in support of the statements that Commissioner Plummer has
made and the objection he has raised. Specifically, it discusses that the City of Miami, that an
amendment must be jointly approved by the City of Miami and the Florida Department of
Transportation, must show that additional special effects will have no negative impact for the
surrounding areas. In the event that the application fails to submit such an amendment, the
operator of the arena shall be precluded from holding such additional revenue items. Item 33, of
the same document, discusses the transportation management plan, which must be submitted by
the arena operator as a condition. And, it goes on to talk about the City of Miami. Such
documentation shall address, for example, or for instance, transit usage, employee arrivals from
the downtown location, counterflow traffic demands and auto occupancy. Mr. Chairman, Mr.
Manager, these are items that are going to cost the City of Miami money, unless we are expected
to just rubber stamp whatever the operator is going to do. And, for the record, ma'am, I have
said from the day I sat here, I am not going to rubber stamp. I would like to hear from the
Transportation Department, our Transportation Department. How much money have you all
requested from the MPO to implement this type of activity and to begin the process to develop
what is being placed upon us by the State, Department of Community Affairs as an affirmative
mandate in terms of the fact that these are things that we should have done? And, Mr. Manager,
through you, if I may ask the Public Works Director, where do we stand in all of this, and how
long is it going to take to monitor this, and does this DRI contemplate an ongoing monitoring
process? Because, again, I don't think the citizens of the City of Miami should be burdened by
the cost of doing what must be done. That's what the MPO and that's what the federal
government gives the MPO funding to do. So, could you just start out by telling me how much
MOP funding is the City currently getting for our ongoing activities and how much MPO
funding is it going to take to support this activity? Because, I think the City should specifically
pass a resolution today requesting the MPO for sufficient funding, an ongoing funding, to carry
out these activities.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Mr. Chairman, my understanding, and Commissioner Teele, I don't know
if this was passed before you were here. But, my understanding is, we passed a resolution by the
DDA, and it was passed and accepted by the Commission, and I might be wrong, so I want you
all to clarify this. That any... that the applicant would be DDA or any expense related to this
application will be paid by the proponent. That's my understanding. Of all the expenses that
will take place in these applications, all the studies required by the State of Florida. All the
requirements that exist here, none of them will be paid by the DDA or the City of Miami, but it
will be paid by the proponent. Now, I don't recollect, I think you did make the statement, and
they made a commitment that they will come up with the plan today, so we can approve, and
make sure that when we approve this, payments will be made by them. That was my
understanding.
Commissioner Plummer: Yeah, but wait a minute.
Vice Chairman Teele: Commissioner Gort, with all due respect. And, I'll let him respond. If
that's true, then I want know how much money have you all billed the applicant? Because, this
is an ongoing process. How much staff time have you all billed the applicant for this activity?
Commissioner Plummer: None.
Vice Chairman Teele: And, just so that you know this, if you get the document, everybody who
has got a balloon and a law degree is billing the applicant. Any promoter, any lobbyist, any
lawyer in town that's able to get to this applicant is billing them for their services. In fact, they
have got over sixty million dollars ($60,000,000) of soft cost built into the bond referendum, just
30 February 10, 1998
to pay for the soft cost. Almost ten million for legal alone. Something like fifteen million for
promotional cost to open the thing.
Mr. Garcia -Pedrosa: Mr. Chairman.
Vice Chairman Teele: That's a lot of balloons.
Chairman Hernandez: Mr. Manager.
Mr. Garcia -Pedrosa: If I may? I think part of the difficulty here is, that we are talking about the
DRI and the Major Use - Special Permit.
Vice Chairman Teele: Interchangeably. But it's the same applicant.
Mr. Garcia -Pedrosa: It's the same applicant.
Vice Chairman Teele: It's the same underlying beneficiary user.
Mr. Garcia -Pedrosa: Yes, it is. The problem is, that the document and the resolution before you,
relates to the DRI only. Rather than the conditions attaching to the Special Use... the permit,
Major Use- Special Permit, and so, if you are going to defer action on DRI...
Vice Chairman Teele: Right.
Mr. Garcia -Pedrosa: ... why don't you give us an opportunity then, whenever it is that you are
taking this up again, separately, to report to you on both instruments so that what belongs to the
permits are on the permits side, and what belongs to the DRI is on the DRI side, and we have
made note, I have, of the questions you raised and let us address them at that time.
Vice Chairman Teele: And, that's fair. And, obviously, I am going back and forth in it, because
this is the point that Commissioner Plummer made from the beginning. We are getting nickel
and dimed here. And, they have put up what they want us to talk about at that precise moment.
We need one comprehensive American Airlines Arena, DRI, Special Use, all the things at one
time, kind of meeting, and we ought to reserve time, so that no one is inconvenienced to do that.
But, we need to get all the items up. And, Mr. Kay, have you all sent them a bill for anything?
Mr. Kay: No, sir. We have not.
Commissioner Plummer: And, you know, you better understand, Art, you weren't here, OK?
One of the things that upset me the most is a pending lawsuit in which they will pay half of the
attorney fees, but the City of Miami assumes 100 percent of any award by a jury. So, you know,
don't think that we are getting off scot free, even though some people say it's a frivolous lawsuit.
It was agreed upon in the original agreement, that the City of Miami would pick up 100 percent
of any jury award. So, you know, these part and parcel. All I am saying again is, you know,
bring me a finished document. This is an "Amen" document. Let's deal with that accordingly,
not this piecemeal. And, as you say, nickel and dime, it's usually half a dollar and quarter today,
because it's more expensive. But, you know, I think, that... you know, he's made a good point. I
need you to come back with the cost of what City staff has been involved, and let's collect.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: No, I think that's something we need to do because that's the only reason
we agreed that we would go through the application. But, at the same time, I want to make sure
that everybody understands, we are not rubber stamping in here. Because, my understanding is,
31 February 10, 1998
and then correct me if I am wrong, anything further that will take place has got to come back to
us, like the traffic study, the parking spaces. And, if we put a lot of demand on those things,
that's got to come back to us and be approved by us. Am I correct on this?
Mr. Garcia -Pedrosa: That's part of the requirements that you've put on the...
Commissioner Gort: OK.
Mr. Garcia -Pedrosa: ... approval of the Major Use - Special Permit.
Commissioner Gort: All right. I just want to make sure it's back on the record, so they
understand.
Mr. Garcia -Pedrosa: Yeah, that's the problem, that we are dealing here with a different
instrument.
Commissioner Gort: So everybody understands, OK?
Commissioner Plummer: Willy, let me tell you where the problem is, as I see it.
Commissioner Gort: J.L., I know you have got your problem...
Commissioner Plummer: No, no, I am going another way.
Commissioner Gort: ... I am voting for this. Let it come back with the...
Commissioner Plummer: Let me give you another one...
Commissioner Gort: But, I want people out there to understand, that this Commission has got to
approve anything that takes place further. I mean, just by... when we approve this, we are not
approving the whole plan.
Commissioner Plummer: Let me give you the problem, of what I think of the problem... of the
process, Mr. City Manager. They came back and said, that because of parking they were going
to identify the parking area, not restricted, and must have parking area. So, when the City
Commission, we looked at it, we thought, oh, yeah, parking lot here, here and here. Tomorrow,
if those things go away and their lease expires, they don't have to renew them. That's why I
said, mandate it. It must be demonstrated with the fact they will have "X" number of parking
spaces. They wanted to come back and say, well, we will identify some lots. That's not going to
happen as long as I am sitting here with my vote.
Commissioner Regalado: So, Mr. Chairman, Mr. City Manager and Jim, when you come back,
will you give this Commission a report and maybe we can talk before, as Chairman of the Public
Works Committee on how much time your department has spent working and how much time
you project that you will spend working on this project and that way we will have an idea of our
situation in the City.
Vice Chairman Teele: Mr. Chairman, may I inquire of the Manager, also? Does this DRI
require that we monitor the traffic and the activities as this goes on, and how long is that DRI...?
I am not certain about the language that it uses.
Ms. Slazyk: The... Yeah, the DRI requires... Yes, it requires monitoring, but our DRI is only
now in place until 1999. At that time, the City Administration is going to have to make a
decision as to whether we renew. We collect DRI fees. Any building permit is issued in the
32 February 10, 1998
downtown DRI area, we collect DRI fees for the air quality monitoring, transportation and the
administrative costs.
Vice Chairman Teele: And, in 1999, what do we do?
Ms. Slazyk: OK, we can either reproduce the studies that we did ten years ago to dump into
Increment I, or we... The other option we are looking at is an urban infill ordinance which is
something similar to what the County did, which will... may eliminate the need for a downtown
DRI. But, that's something we have, you know...
Vice Chairman Teele: But the document that I am trying to understand says that an amendment
must be jointly approved by the City of Miami, and the... and Florida DOT (Department of
Transportation). And, must show that special events have no negative impact on the surrounding
area. In the event that the applicant fails to submit such an amendment, are we the applicant?
Ms. Slazyk: The Downtown Development Authority is the applicant. The City of Miami is the
one that approves it and DCA can appeal. There will be an appeal period after your action.
Vice Chairman Teele: So, in the event that the DDA doesn't submit an application, the operator
of the arena shall be precluded from holding such special events, until such time as a NOPC,
including such special events are approved? But, for them to get that, they have got to come to
us first, right?
Ms. Slazyk: Yes, they do, they do. Now, who prepares it for the DDA? Does the City staff
provide, prepare it, or does the DDA staff provide it, prepare it?
Ms. Slazyk: In this particular instance, it was The Heat that provided David Plummer and
Associates the traffic consultants for the study, for the NOPC's.
Vice Chairman Teele: So...
Ms. Slazyk: So, it hasn't cost the City...
Mr. Garcia -Pedrosa: No, they provide the consultants.
Ms. Slazyk: The consultants.
Vice Chairman Teele: Yeah, but see, that's the whole point. I mean, who is the government
here? I mean, is the operator the government or..? It says that an amendment which is jointly
approved by the City and Florida DOT must be submitted up to the State, right?
Ms. Slazyk: Yes, we... the state is copied but the governing body is you.
Vice Chairman Teele: Who is preparing and ensuring that the City application in this language
is being prepared properly? Who's preparing this on our staff.
Ms. Slazyk: Well, the Downtown Development Authority...
Mr. Garcia -Pedrosa: But, we are not the applicant.
Vice Chairman Teele: Who is the...? Who is preparing it for the DDA? Mr. Kay's office or Mr.
Arison's office?
Mr. Garcia -Pedrosa: The consultant.
33 February 10, 1998
Ms. Slazyk: The consultant with the DDA.
Vice Chairman Teele: Which consultant?
Ms. Slazyk: I... I mean, that's something the DDA would have to answer. They...
Mr. Garcia -Pedrosa: But, we are not the applicant.
Ms. Slazyk: We are not the applicant.
Vice Chairman Teele: OK, the DDA is the applicant. I am trying to understand who's preparing
the study?
Mr. Garcia -Pedrosa: Well, so far as we know, it's the consultant.
Ms. Slazyk: David Plummer. Yeah.
Mr. Garcia -Pedrosa: But, it was provided by The Heat. But, that's up to the DDA.
Vice Chairman Teele: So... So, that's my whole point. So, in other words, in other words, the
operator that we are supposed to be checking to make sure that the traffic litigation is proper, that
the impact on the neighborhood is proper, that the operator's staff is preparing the documents for
us to approve. I have a problem with that, Mister... Commissioner Gort...
Chairman Hernandez: Commissioner Gort.
Vice Chairman Teele: ... as Chairman of the DDA. I just want you to know I think we should be
preparing our own document and working with them, and closely with them. But, we don't
need... We really don't need an operator that we are trying to make sure we get the best plan.
Because, I can tell you, Mr. Plummer is one of the greatest transportation planners in the
country. But he is going to work...
Commissioner Gort: Which Plummer?
Vice Chairman Teele: Mr. David Plummer.
Commissioner Gort: OK, not this Plummer?
Vice Chairman Teele: Not J.L. Plummer.
Commissioner Gort: Oh, OK. OK. I want to make sure, then.
Vice Chairman Teele: But, he's going to do what the man who is paying him to do the study is
going to say. And, I got to tell you, that plan that was submitted to us, willfully lacked a
pedestrian traffic component. It's all about getting people in cars and getting them in parking,
and getting then out of here as fast as they can. And, we should be concerned about how the
Downtown, how the CRA...
Commissioner Plummer: The rest of it.
Vice Chairman Teele: ... area, how the Parkwest area, how we can keep those people out of their
cars and get them to walk through. And, we have got a... I mean, we have got a conflict in
mission. I understand why Mr. Arison would want to get the people in their car, get them over
34 February 10, 1998
there, get them to spend their money. Get them back in the car and get them out. But, we have
got an interest in getting them out of their cars, get them to walk through the DDA; get them to
walk through Overtown...
Chairman Hernandez: Bayside.
Vice Chairman Teele: ... Parkwest. Get them to walk through Bayside and to spend their money
as they go before they get to the arena, and save some for the arena.
Commissioner Gort: That's why with the DDA and the Board of Directors recommended certain
conditions that we approve here. When we approved the certain conditions to... And, this is one
of the reasons we are working very close, and I am sure our City staff is working very close with
the consultants and DDA staff are working very close with the consultants. And, we are going to
make sure that that pedestrian takes place, that's why we are requiring that "X" amount of
parking lots be located at five, ten minutes and so on. [phonetic]. And, all that, Vice Chairman,
for your comfort, final decision, although we are working on it, it's up to us up here.
Vice Chairman Teele: But, Commissioner, I agree with you...
Commissioner Gort: But, if you will want.... If you will want our staff...
Vice Chairman Teele: ... and I want to support you as head of the DDA (Downtown
Development Authority). But, I have a fundamental objection...
Commissioner Gort: If you want our staff to get involved and do the study...
Vice Chairman Teele: Absolutely.
Commissioner Gort: I don't have any problem with that.
Vice Chairman Teele: I want our staff, I want Mr. Kay, the Public Works Director, to be the
staff to the DDA, and to go out and get consultants that he is comfortable with that will carry out
our objectives. I want to see, and this is the question I asked the consultants when they came
here. Have you all briefed the CRA (Community Redevelopment Agency)? Nobody, has
briefed the CRA on this thing. I mean, we got a briefing a very fine briefing the other day in the
Mayor's Business Advisory Council, but our objectives are different from the operator. Our
objective should be to get those people out of their cars, five blocks from the Arena, six blocks
from the Arena, to provide them with a safe pedestrian type of atmosphere that they walk
through and they generate traffic. We want to build businesses west of Biscayne Boulevard. We
want to bring that area back to life.
Commissioner Plummer: Now, we are hitting it on the head. They are worried about their self-
interest and not about all of the rest of the surrounding area which we have got to be concerned
about, because we want to develop Parkwest in its proper manner, and you have got an awful lot
of stuff coming on board, and they are only interested in what is affecting the American Airlines
Arena. We have got to be concerned of the whole area.
Commissioner Regalado: When... Mr. Manager...
Commissioner Gort: Excuse me. Excuse me, a minute.
Commissioner Regalado: Sure.
Commissioner Gort: One thing I want you all to understand. We have been concerned with the
whole area. DDA has hired an individual to do a special study to see how we can benefit for any
35 February 10, 1998
public facility, the building or any of that community. [phonetic] I mean, when we selected the
arena site, the reason we selected that site is because once we had the Downtown Peoplemover,
two, we had Rapid Transit, and three we had a neighborhood that we were going to make some
improvement. Unfortunately, you were right. The right studies were not done at that time and
what was supposed to have taken place, did not take place. And, there are other many reasons
why it has not taken place and we are aware of it, and we can deal with it. But, I want to be... I
want to assure you that we at the DDA, our staff has worked very closely to make sure that the
pedestrian takes place, that pedestrian friendly takes... and that we do the connection with the
west side. So, we are in support of all of this. We agree with what you are saying is... but, I
don't want you to think that we have neglected to put that. That's why we put all those
conditions in the... [unintelligible]. They came out of the DDA studies, and our DDA staff
works very closely with MPOs and we get grants from the MPOs all the time. We also wanted
to make sure that they pay for all the expenses. And, what you are saying now, which I think is
very important for them, is to make sure that whoever consultant we hire, the City is part of the
selection. Am I right in...?
Vice Chairman Teele: Yeah, but I am a little... Whatever consultant we hire that the DDA hires
them, and that they are working for the DDA, and that the City be involved. And, whether it be
the City doing the hiring of the DDA, doesn't bother me. What fundamentally bothers me now,
is that the studies that we are relying upon are studies done by the operator.
Commissioner Gort: But, my understanding is, the study has not been done yet.
Vice Chairman Teele: Yes, sir.
Commissioner Regalado: Yes. Yes, it is. When...
Commissioner Gort: Which one?
Ms. Slazyk: The...
Commissioner Regalado: Lourdes, excuse me. When is the traffic study due, here in this
Commission?
Ms. Slazyk: The traffic management plan will have to come back here for approval by you, six
months prior to a CO. Their traffic study that shows that there is sufficient capacity on the street,
that's been done and that's in your packages, and that was accepted. The...
Vice Chairman Teele: Who was it done by, that's the question.?
Ms. Slazyk: It's done by the consultant, but the City has a transportation planner that reviewed
and approved the study. So, we have a transportation planner on staff.
Vice Chairman Teele: You see the study was... The underlying study was done by the wrong
party.
Vice Chairman Teele: But, if we were... Mr. Manager, if we were to do an independent study
by this City, who would pay for that?
Mr. Pedrosa -Garcia: Well, that's the whole point. On the one hand we want to avoid expense.
The answer to your question is, we would pay for it, unless we somehow got the applicant to
reimburse us. But, that's not the way it's setup currently.
Vice Chairman Teele: With all due respect, Mr. Manager, Commissioner Plummer said that one
of the conditions is that all studies would be paid by the consultant in the original deal.
36 February 10, 1998
Commissioner Gort: Right.
Mr. Pedrosa -Garcia: But, they are doing that, except that now we want to add our own study.
Vice Chairman Teele: But, we are required to do a study. We have approved a document based
upon a study that we didn't do.
Ms. Slazyk: But...
Vice Chairman Teele: And, fundamentally that is, that's really just an abrogation of our
fundamental obligation and responsibility as a Commission. We shouldn't rely upon... I mean,
you are talking about the fox guarding the chicken house. I have a high regard for Mr. Plummer.
A high regard for Mr. Arison. But, when that study came before us, I said that this is not a
transit study, this is not a pedestrian study. I am the guy who voted along with Mayor Penelas
and others to build this thing initially on the wrong side of Biscayne Boulevard. And, I said
then, I am holding my nose and voting, yes. But, it should be west of the Boulevard. And, the
condition that we put is that there would be a maximum effort to get pedestrians out of their cars,
west of Biscayne Boulevard. This is all about one thing. Are we going to get the pedestrians out
of their cars and get them to walk through downtown, get them to walk through Parkwest. Are
we going to allow the study that has already been presented to us, where they get in their cars...
And, they are talking about controflow lanes, and turning streets into one way to get everybody
out in their cars as fast as possible. And, I just think we owe it to the landowners, to the citizens,
to the residents of Overtown and Parkwest to do our own study and to see how we can maximize
a transit and pedestrian activity. And, I commend Mr. Plummer and Mr. Arison because I'd do
what they have done, but I think we have got a different obligation.
Chairman Hernandez: We have a motion on the floor by Commissioner Plummer and second by
Vice Chairman Teele. The question has been called. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No nays.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-146
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 5 (PROPOSED
AMENDMENT TO THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL
IMPACT (DRI) MASTER AND INCREMENT 1 DEVELOPMENT ORDERS) TO
THE NEXT CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR
FEBRUARY 24, 1998.
(Note for the Record: Commissioner Plummer stated later after M 98-146 above was
passed that said matter shall be taken up at 3 p.m. It was later stated during further
discussion that the time this item would be heard would be 6 p.m. Ultimately, it was
changed pursuant to Motion 98-147 to after the fire assessment fee is considered, at 5
p.m. or thereafter.)
37 February 10, 1998
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Gort: The 24th February, right, time certain?
Commissioner Plummer: That's assuming they can get all of the stuff finished.
Chairman Hernandez: This is to be continued for a report on the 24th of February which is the
next Commission meeting.
Vice Chairman Teele: Three o'clock. Three o'clock in the afternoon, Commissioner Plummer?
Commissioner Plummer: That's fine. If they can get it finished.
Commissioner Regalado: Excuse me, on the 24th, Mr. Chairman, we have the public hearing on
the fire fee.
Chairman Hernandez: It's going to be a long day.
Vice Chairman Teele: Six o'clock.
Commissioner Plummer: Fine.
Chairman Hernandez: Move on item number seven.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes.
Vice Chairman Teele: I would move that the item relating to American Airlines be held at five
o'clock on the date requested or as soon, thereafter, the fire fee has been completed.
Commissioner Plummer: That's fine. Acceptable.
Vice Chairman Teele: You want to second it and move it.
Commissioner Regalado: I second.
Chairman Hernandez: There is motion by Vice Chairman Teele. Seconded by Commissioner
Regalado for a time and date specific. All those in favor, say "aye."
The Commission (Collectively): Aye.
38 February 10, 1998
Chairman Hernandez: All those against?
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-147
A MOTION AMENDING PREVIOUS MOTION 98-146 TO DEFER
CONSIDERATION OF AGENDA ITEM 5 (PROPOSED AMENDMENT TO THE
DOWNTOWN MASTER DEVELOPMENT OF REGIONAL IMPACT (DRI)
MASTER AND INCREMENT 1 DEVELOPMENT ORDERS) UNTIL AFTER THE
FIRE ASSESSMENT FEE IS CONSIDERED, ROUGHLY AT 5 P.M. OR
THEREAFTER ON FEBRUARY 24, 1998.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
8. WAIVE BY FOUR -FIFTHS PROHIBITION IN SECTION 2-612 OF CODE --
FOR ANITA NAJIY TO ENTER INTO REVOCABLE LICENSE
AGREEMENT -- FOR LAUNDROMAT AT OVERTOWN SHOPPING
CENTER AT 1490 N.W. 3RD AVENUE, SPACE 104.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item number seven.
Commissioner Plummer: Six.
Commissioner Gort: Six.
Chairman Hernandez: Six, I am sorry.
Commissioner Plummer: I move it.
Commissioner Gort: Second.
Chairman Hernandez: Yeah, it's the operation of the laundromat in Overtown.
Vice Chairman Teele: So moved. Second.
Chairman Hernandez: We have a motion by Commissioner Plummer, seconded by
Commissioner, Vice Chairman Teele. All those in favor say "aye."
39 February 10, 1998
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-148
A RESOLUTION WAIVING BY AN AFFIRMATIVE FOUR -FIFTHS (4/5THS) VOTE
OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED
PUBLIC HEARING, THE PROHIBITION CONTAINED IN SECTION 2-612 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS SUCH APPLIES
TO ANITA M. NAJIY, WHO SERVES AS A CITY OF MIAMI POLICE OFFICER, IN
RELATION TO HER ENTERING INTO A REVOCABLE LICENSE AGREEMENT
WITH THE CITY OFFICER, IN RELATION TO HERE ENTERING INTO A
REVOCABLE LICENSE AGREEMENT WITH THE CITY FOR THE OPERATION
OF A LAUNDROMAT AT THE CITY OWNED OVERTOWN SHOPPING CENTER,
LOCATED AT 1490 NW 3RD AVENUE, SPACE 104, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
9. AUTHORIZE REVOCABLE LICENSE AGREEMENT WITH ANITA
NAJIY -- FOR LAUNDROMAT AT OVERTOWN SHOPPING CENTER AT
1490 N.W. 3RD AVENUE, SPACE 104.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item number seven.
Ms. Dena Bianchino (Asst. Director/Asset Mgmt.): Can I...?
Commissioner Plummer: It's in Teele's district.
Chairman Hernandez: It's the same.
Vice Chairman Teele: So, so moved.
Ms. Bianchino: But...
Chairman Hernandez: Moved by Commissioner....
40 February 10, 1998
Commissioner Regalado: Second.
Chairman Hernandez: Hold on a second. We have a motion by Vice Chairman Teele, seconded
by Commissioner Plummer. Discussion. Dena.
Ms. Bianchino: Yes, this morning Ms. Najiy asked us to amend the resolution as follows. At the
end of the title box it would read "further authorizing a transfer by Ms. Najiy to N&B
Enterprises, Inc., a Florida for Profit Corporation." We have no problem with this, if this
Commission so wishes to change it.
Vice Chairman Teele: What did you say?
Commissioner Plummer: What are you trying to tell us?
Ms. Bianchino: She is asking us, for the right... Right now, the lease, the agreement is with her
as an individual.
Commissioner Plummer: Right.
Ms. Bianchino: She is asking us to allow a transfer of the permit, it's not a lease, to a
corporation, the N&B Enterprise, Inc., of Florida...
Commissioner Plummer: But, we don't know who the corporation are, the members of the
corporation. I am not about to vote for that unless I know who they are.
Ms. Bianchino: We were not given that information.
Commissioner Plummer: Well, then I can't...
Vice Chairman Teele: No, I move that the item be deferred.
Chairman Hernandez: The second item, you are talking about?
Vice Chairman Teele: The... the...
Chairman Hernandez: The whole item?
Vice Chairman Teele: The second item be...
Commissioner Plummer: Second.
Vice Chairman Teele: ... be deferred.
Commissioner Plummer: Come back and give us who the people are...
Commissioner Plummer: ... the corporation, how long it's been in business. Whether they have
any problems or any...
Vice Chairman Teele: Is this a minority company?
Ms. Anita Najiy: Yes.
Vice Chairman Teele: Is it your company?
41 February 10, 1998
Ms. Najiy: Yes, it is.
Vice Chairman Teele: In other words you are...
Commissioner Regalado: Yeah, she's a corporation.
Ms. Najiy: I am the sole officer.
Chairman Hernandez: You are the sole officer?
Ms. Najiy: Yes.
Chairman Hernandez: And, shareholder?
Ms. Najiy: Yes.
Vice Chairman Teele: So, you are doing...
Commissioner Plummer: You can't be if it's a corporation.
Commissioner Gort: Name and address for the record.
Chairman Hernandez: Name and address for the record please?
Ms. Najiy: Anita Najiy, 145 Northwest 41 Street.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, I was not apprised of the change. Obviously, what the
applicant is saying is that rather than being operating as a sole proprietor, she would rather
operate a business like this as a company...
Chairman Hernandez: Yeah.
Vice Chairman Teele: ... which makes sense. I would only add... I would add that we take it up
with the amendment that if there are any changes in the officers or shareholders that it must
come back to the Commission for our approval. And, if... if there is any change that the license
is revoked, unless it has approval of the Commission.
Commissioner Plummer: But, we don't know who...
Ms. Bianchino: Right.
Commissioner Plummer: ... officers of the corporation...
Chairman Hernandez: Yes, she is.
Vice Chairman Teele: Yes, she is representing that she is the only officer and the only
shareholder.
Chairman Hernandez: Shareholder.
Commissioner Plummer: She... How can you have a corporation with a sole member?
42 February 10, 1998
Chairman Hernandez: You can.
Vice Chairman Teele: Under Florida, and Delaware law....
Chairman Hernandez: You can do it.
Vice Chairman Teele: ... these are progressive states.
Commissioner Plummer: OK, with a proviso... It's what we need on this Commission, one
more damn lawyer. If there is anything in the background...
Ms. Bianchino: Yes.
Commissioner Plummer: ... that you find, you will bring it to our attention.
Ms. Bianchino: Absolutely.
Commissioner Plummer: I have no problem.
Vice Chairman Teele: OK, motion to approve as amended.
Commissioner Gort: Second.
Vice Chairman Teele: And, that is that the permit would be cancelled if there are any changes in
the officers or directors of this... or shareholders of the company, unless you get previous board
approval.
Ms. Najiy: Thank you.
Ms. Bianchino: OK. Thank you.
Commissioner Regalado: Second.
Chairman Hernandez: OK, so we have a motion by Vice Chairman Teele, seconded by
Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All right.
43 February 10, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-149
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH ANITA M. NAJIY (MS.
NAJIY"), AN INDIVIDUAL, FOR THE USE OF APPROXIMATELY 1,329 SQUARE
FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490
NORTHWEST 3RD AVENUE, SPACE 104, MIAMI, FLORIDA, AT A MONTHLY
FEE OF $664.50 WITH TERMS AND CONDITIONS AS MORE PARTICULARLY
SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING A TRANSFER OF
THE AGREEMENT FROM MS. NAJIY TO N & B N ENTERPRISES, INC., UPON
RECEIPT OF INCORPORATION DOCUMENTATION FOR N & B N'TERPRIZES,
INC.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
10. RESTRICT TEMPORARILY VEHICULAR ACCESS TO CORNELIA DRIVE
AT INTERSECTION WITH S.W. 27TH AVENUE AND TIGERTAIL
AVENUE.
Commissioner Plummer: Item eight.
Chairman Hernandez: Item number eight.
Commissioner Plummer: It's in my district. I move it with a proviso and the full understanding
that there have been problems in that area, there has been a lot of car break-ins in that area.
There was also a very, very unfortunate situation.
Commissioner Gort: Second.
Commissioner Plummer: Excuse me. Let this be understood that in no way this is any
indication of the permanent closing and dedication of this street to the owner of the adjacent
property. Mr. McKay, you will in fact find out what they paid for the other property, so that this
44 February 10, 1998
Commission will know what the amount of money is if we are to give that street to them, that
they will pay the same amount for that street per square footage as they paid for the other
property. This is the property of the citizens of this City and they are entitled to the money. Hi,
your name. I so move.
Commissioner Gort: Second.
Chairman Hernandez: We have a motion by Commissioner Plummer, seconded by
Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-150
A RESOLUTION TO TEMPORARILY RESTRICT VEHICULAR ACCESS TO
CORNELIA DRIVE AT ITS INTERSECTION WITH S.W. 27TH AVENUE AND
TIGERTAIL AVENUE IN THE CITY OF MIAMI, FLORIDA SUBJECT TO THE
PROVISIONS CONTAINED WITHIN THIS RESOLUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
11. CODESIGNATE PARK AT 3410-12 GRAND AVENUE WILL R. "BILLY"
ROLLE DOMINO PARK - - CODESIGNATE RIVERSIDE PARK AS JORGE
MAS CANOSA PARK -- SEE LABEL 13.
Chairman Hernandez: OK, I am waiting for the Mayor to come down. We are...
Commissioner Plummer: Ah-hah. Well, he better be here in three minutes because I am
leaving.
Chairman Hernandez: We have a resolution, two resolutions which has been passed to the
different Commissioners and the Vice Chairman. Reference, expressing the intent of the City
Commission to designate or codesignate two parks. The Coconut Grove mini park located at
3410 and 3412 Grand Avenue, Coconut Grove as William R. "Billy" Rolle Park. And...
45 February 10, 1998
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Plummer: I have had a number of calls, and the only thing that I think that they
would ask is that it be "Billy Rolle Domino Park which carries the name that it had on it before,
but it does include "Billy Rolle" as a designated name on the park.
Chairman Hernandez: It it Rolle or Roll?
Commissioner Plummer: R-O. It depends on whether you are from Nassau or not.
Vice Chairman Teele: Vice Chairman Teele.
Commissioner Plummer: If you are from Nassau it's Rolle, if it's your City of Miami, it's Roll.
Chairman Hernandez: OK, the other park is the... to codesignate Riverside Park located on
Southwest 8th Avenue and Southwest 3rd Street.
Commissioner Plummer: It's not in my district.
Chairman Hernandez: It's in my district and it's to codesignate it to Jose Mas Canosa Park. I
am waiting... They are here in the building. They should be down here in a minute so...
END OF DISCUSSION -- NO ACTION TAKEN
------------------------------ ---------------------------------------------------------------------------------
12. APPROVE MIAMI SPORTS AND EXHIBITION AUTHORITY BUDGET.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes, Vice Chairman.
Vice Chairman Teele: Would you... Would you like to move your pocket item relating to...?
Chairman Hernandez: Yes, I would.
Vice Chairman Teele: I understand there is some necessity to move this forward and get it up to
the Oversight Board.
Chairman Hernandez: Executive Director, please? There is, because he is going to be leaving,
and if we have any questions...
Vice Chairman Teele: Right.
Chairman Hernandez: ... he is here to answer. I would like to congratulate and commend, for
those that were not available, Mr. Emilio Callijas was approved by unanimous vote, yesterday
before the MSEA Board, as our new Executive Director.
46 February 10, 1998
Vice Chairman Teele: Congratulations.
Chairman Hernandez: What you have before you is the new amended operating budget.
Commissioner Plummer: I move it.
Vice Chairman Teele: Second the motion.
Chairman Hernandez: There is a motion by Commissioner Plummer, seconded by Vice
Chairman Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-151
A RESOLUTION WITH ATTACHMENT, APPROVING THE MIAMI SPORTS AND
EXHIBITION AUTHORITY'S PROPOSED OPERATING BUDGET FOR YEAR
ENDING SEPTEMBER 30, 1998, ATTACHED HERETO AND INCORPORATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: Thank you, very much. Congratulations again.
Commissioner Plummer: I move item nine.
Vice Chairman Teele: Second the motion. Is there objection?
Commissioner Plummer: Well, wait a minute. Is there somebody here...?
Commissioner Gort: Wait a minute. What do you mean deny? There's not... There is a
personal appearance.
Commissioner Plummer: They are here?
Chairman Hernandez: OK, hold on. Hold on.
47 February 10, 1998
Commissioner Plummer: Oh, I am sorry. I withdraw my motion.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
13. CONTINUED / CODESIGNATE WILLIAM R. "BILLY" ROLLE DOMINO
PARK -- CODESIGNATE RIVERSIDE PARK AS JORGE MAS CANOSA
PARK -- SEE LABEL 11.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Before we move on to item number nine, let's move on with the
codesignation of these two parks. Is there anyone, or any family member representing Mr. Billy
Rolle, here?
Vice Chairman Teele: Of course.
Commissioner Plummer: Frankie.
Vice Chairman Teele: Of course.
Chairman Hernandez: Can they come up...? Can they please come up here?
Vice Chairman Teele: We have got the entire family.
Commissioner Plummer: Frankie.
Commissioner Gort: Yeah, they are. The whole family is here.
Chairman Hernandez: They can come up to. We have two presentations, or actually resolutions
that are going to be presented by the Mayor. We have already presented this, a resolution, they
know what it's about...
Commissioner Plummer: They want to... Javier, they want to add the word "Domino" in the
Billy Rolle.
Chairman Hernandez: Are there any motions on the two resolutions that I read, codesignating
two parks?
Commissioner Plummer: I move the...
Vice Chairman Teele: I would second Commissioner Plummer's motion relating to the Rolle
Domino Park.
Commissioner Plummer: Right.
Chairman Hernandez: OK, first, we take the Rolle Domino park. Motion by Commissioner
Plummer, seconded by Commissioner Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
48 February 10, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-152
A RESOLUTION EXPRESSING THE INTENT OF THE CITY COMMISSION TO
DESIGNATE COCONUT GROVE MINI -PARK, LOCATED AT 3410 AND 3412
GRAND AVENUE, COCONUT GROVE, FLORIDA, AS WILLIAM R. "BILLY"
ROLLE DOMINO PARK; FURTHER, DIRECTING THE CITY MANAGER TO
INSTRUCT THE ADMINISTRATION TO INITIATE THE FORMAL PROCESS FOR
DESIGNATING SAID PARK.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: Codesignation of Riverside Park into Jorge Mas Canosa...
Commissioner Gort: I would Second.
Vice Chairman Teele: I would... Hold it. I would ask permission to preside, Mr. Chairman, to
allow you to make the motion.
Chairman Hernandez: I would like to make a motion codesignating Riverside Park into Jorge
Mas Canosa Park.
Vice Chairman Teele: Moved by the Chairman, second by the Vice Chairman. Is there
discussion? Is there objection? All those in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All those opposed? Let the record reflect a unanimous vote with all five
Commissioners voting in the affirmative on both motions.
Commissioner Plummer: Let's do it. We are out of time.
49 February 10, 1998
The following resolution was introduced by Vice Chairman Hernandez, who moved its adoption:
RESOLUTION NO. 98-153
A RESOLUTION EXPRESSING THE INTENT OF THE CITY COMMISSION TO
CODESIGNATE RIVERSIDE PARK, LOCATED ON SOUTHWEST 8TH AVENUE
AND SOUTHWEST 3RD STREET, MIAMI, FLORIDA, AS JORGE MAS CANOSA
PARK; AND FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE
ADMINISTRATION TO INITIATE THE FORMAL PROCESS FOR THE
IMPLEMENTATION OF SAID CODESIGNATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Mayor Suarez: Thank you, Mr. Chairman. Thank you, Mr. Vice Chairman, members of the
Commission, ladies and gentlemen. It is a deep honor and also a difficult one in many ways, but
one that we do with great joy in another sense when we find that there two people who have
passed away recently deserve a designation of an important City landmark in their memory. One
such case that I bring to your attention and to the people of Miami, is the case of Billy Rolle.
And, I would like to read the resolution with the family here and then move on to another
important designation that we would to make today in the memory of another great Miamian.
This resolution reads as follows. [AT THIS POINT, THE MAYOR READ THE
RESOLUTION INTO THE PUBLIC RECORD.]
Mr. Jose Garcia -Pedrosa (City Manager): Would you like to...?
Commissioner Plummer: The City Attorney had said... prohibiting any deed restrictions. He
wanted that in there. Unless, you want to ask him.
Mayor Suarez: Do you want that in the record, any kind of prohibition on the restrictions?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): I don't think it's necessary. It could be
done...
Commissioner Plummer: But, why did you tell me?
Mayor Suarez: I want to say the family of Billy Rolle, as you can see, we are talking about a
person of great intellectual, community, civic, human capacity, but also athletic capacity, And, I
know from listening to my children talk about the Rolle family, that they turn up all the time and
all kinds of great athletic endeavors throughout the City, and I have had, myself the opportunity
50 February 10, 1998
of engaging in competition with members of the Rolle family of the next generation. And, so for
all of these reasons we are pleased to present this resolution and ultimately to designate a park in
memory of Billy Rolle. Ladies and gentlemen. [APPLAUSE]
Ms. Frankie Rolle: On behalf of the Rolle family, I would like to thank this Commission and all
the citizens of the City of Miami. I know Billy must be up there smiling with some of the other
angels. I thank you, very much. [APPLAUSE]
Commissioner Plummer: He would take exception if you called him an angel.
Mayor Suarez: Mr. Chairman, I have to commend you for being able to run these meetings so
timely. And, I don't want to add to the... any delays to the process that you have followed so
correctly, and so expeditiously. And, so, I would ask Juan Carlos if he would come around the
back. I think you have to come this way, the detective will let you in.
Chairman Hernandez: Go ahead.
Mayor Suarez: Ladies and gentlemen. Once again, a distinguished community figure. Someone
whose reputation has reached, I was going to say every part of the nation, really every part of the
world. And, we have here from the family of Jorge Mas Canosa, his son, Juan Carlos Mas
Canosa who in addition to all the other things we might say today, is involved in restoring a
Miami landmark and we are extremely pleased that he is doing that. We are going to cooperate
in that, and we are going to make it an essential part of our planning for downtown Miami, and
that is the Freedom Tower, which brings so many memories to so many people of our particular
part of the world and of our ancestry and experience as refugees. The resolution reads, and it
will be again repeated tomorrow in the Senate Caucus room at 4:30 p.m., in a special tribute that
the Congress is giving to Jorge Mas Canosa. And, I will be pleased on behalf of this
Commission, and on behalf of the citizens of Miami to be present for that ceremony. [AT THIS
POINT, THE MAYOR READ THE RESOLUTION INTO THE PUBLIC RECORD.] The
memory of Jorge Mas Canosa will energize in this fashion an area of Little Havana that is long-
suffering and in need of development. And, when I say the memory, I know that I count on the
family, the Mas Canosa family to help us also with their financial support. And, so, ladies
without... and gentlemen, without any... members of the Commission, Mr. Chairman, Mr. Vice
Chairman, members of the general public that are with us through the NET Channel. Without
any further adieu, I would like to present this resolution to the people of our City, and ask you to
give a special welcome to Juan Carlos Mas Canosa. [APPLAUSE]
Mr. Juan Carlos Mas Canosa: I would like to thank... Thank you, Mayor, thank you,
Commissioners for this great honor on behalf of my family, my mother and my brothers. We are
very honored. This further validates what this community has shown in support for his
commitment to country, to the community and to his beliefs, family and faith. We are very
honored, we are very privileged, and we thank you. [COMMENTS IN SPANISH]
[APPLAUSE]
Chairman Hernandez: We are going to be recessing until three o'clock this afternoon when we
will continue the regular agenda items.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:12 P.M., AND RECONVENED AT 3:16 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION EXCEPT
VICE CHAIRMAN TEELE AND COMMISSIONER GORT
FOUND TO BE PRESENT.
51 February 10, 1998
Mayor Suarez: Ladies and gentlemen, we have announced as not a part of the Commission
meeting, but as a separate announcement, the creation of a committee. A Free Cuba Committee.
Dr. and the rest of the people who are here for that, would you please take your
seats. We are pleased to have you.
----------------------------------------------------------------------------------------------------------------
14. COMMENTS REGARDING LETTER FROM COCONUT GROVE ARTS
FESTIVAL AND THE NEED TO FIX STREETS IN THE GROVE TO
MINIMIZE LIABILITY TO THE CITY OF HOLDING SAID FESTIVAL.
Commissioner Plummer: We are waiting. We don't have a City Manager.
Vice Chairman Teele: Sir.
Commissioner Plummer: Mr. City Manager, and to the City Police Department. Are you in
receipt, are you all in receipt of a letter from the Coconut Grove Arts Festival?
Police Chief Warshaw: Yes, we are.
Commissioner Plummer: OK. I don't know whether or not they are trying to throw the liability
on the City, but I think maybe, we might want to cancel the Art Festival this weekend. Because,
they are saying that people might be hurt because of the condition of the street. And, since they
have put us on notice, maybe we should be smart to cancel the Arts Festival this week, and say
to them that they can have it, once we get the street finished. So, I turn the letter over to you, sir,
and I'll expect an answer back from you before we break up this afternoon.
Commissioner Regalado: As Chairman of the Public Works, I promise you that we will fix the
street by next year.
Commissioner Plummer: Well, I am saying to you... No, I am concerned about a position of
liability. Liability... that I think that what they are trying to do is, throw the hot potato. No fault
sidewalks. Are we ready to go?
Chairman Hernandez: Yeah, we are ready to go.
Commissioner Plummer: Let's go.
Chairman Hernandez: I am going to wait, just five seconds, for Willy to...
Commissioner Plummer: Why don't we... ?
Chairman Hernandez: ... Willy...
Commissioner Plummer: Why don't we take some of the housekeeping?
Chairman Hernandez: All right.
END OF DISCUSSION -- NO ACTION TAKEN
52 February 10, 1998
----------------------------------------------------------------------------------------------------------------
15. PERSONAL APPEARANCE: THOMAS JONES REGARDING ILLEGAL
FIREWORKS / LOUD LATE NIGHT PARTIES ETC.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: We were left off, first of all, on item nine which we briefly discussed, but
we didn't vote on.
Commissioner Plummer: All right.
Chairman Hernandez: We will go back to nine, item nine.
Commissioner Plummer: There was a gentleman here who wants to speak on that, I think. Here
he is.
Mr. Thomas Isaac Jones: My name is Thomas Isaac Jones. I live at 1513 Southwest 11th
Terrace. And, it is the first time today, that I have spoke to you. I was here ten years ago with a
complaint about my neighbors parking in my driveway, and unlicensed vehicles, and doing
repairs in the street, and firecrackers, and...
Commissioner Plummer: Sir, did you talk to the Manager?
Mr. Jones: No.
Commissioner Plummer: Well, somewhere we are falling down, OK. Nothing is supposed to
come before this City Commission of an issue that's not first been before the Manager...
Mr. Jones: No, wait just a minute. I did go to the Agenda Office.
Commissioner Plummer: No, sir. I am talking about the Manager. Because, all we are going to
do with you today, at best, sir, is to turn it over to the Manager and say, please look into it. And,
what we've tried to establish is a policy that...
Mr. Jones: Well, I don't... I don't expect anything from you, at all. From the City Commission.
My... I just want to air my complaint. I don't want the City... I don't expect the City Manager to
do anything.
Commissioner Plummer: Well, I do.
Mr. Jones: I don't expect the Police Department. They are entitled to do their job. I mean, I
hope they do do their job. I wouldn't do anything to block the City Commission or the City
Manager from functioning, that isn't my complaint, the City doesn't function. I called the NET
(Neighborhood Enhancement Teams), Department, and I got no response. I called the Mayor's
Office, I got no response, and I waited and I got on the agenda, and then I went to the City... the
Chief of Police, and his secretary referred me to Lt. Orosa. And, Lt. Orosa operated and towed
cars off the street and...
Chairman Hernandez: Sir, do you live in, District 3, is it now?
Mr. Jones: I live 1513 Southwest 11th Terrace.
53 February 10, 1998
Commissioner Regalado: Yes.
Mr. Jones: I don't know.
Chairman Hernandez: That's over in Shenandoah, right?
Mr. Jones: Ah, yes, that's Shenandoah NET.
Chairman Hernandez: Do me a favor, go to my office, and setup an appointment with me, and I
will make sure that everything is followed up on.
Mr. Jones: Well, I want to put you all on notice while you are here, that I am going to take this
to the Circuit Court if...
Chairman Hernandez: OK.
Mr. Jones: There is no reason for this to go on for 25 years. I have drug dealings around my
church, and that's not in your district. And, this has been going on for at least five years, more
than five years.
Chairman Hernandez: Where is the church?
Mr. Jones: And, they are operating with impunity, just like the little boys that I complained
about... year after year, setting off firecrackers. They operated, and no one ever bothered them
about the firecrackers even though I called every year. It's in the newspaper that firecrackers
were illegal. These are scufflords that I have been wrestling with for the past 25 years, and I
have suffered financially and every other way.
Chairman Hernandez: Hold on a second, Mr. Jones. Coral Way NET is under this jurisdiction?
NOTE FOR THE RECORD: Commissioner Gort, entered the City
Commission Chamber at 3:21 p.m.
Major Noel Rojas: Yes, sir. Mayor Rojas, South District Commander. I just want to make a
point of, we have only received one call from Mr. Jones, and that was January 26th regarding
vandalism.
Chairman Hernandez: OK. Let's do this. I represent your district. Go upstairs, if you can,
make an appointment with my office. I will make sure that the NET Administrator is there, and
we will sit down and see how we can bring this to a close, OK.
Mr. Jones: Well, you are not. You don't understand my complaint, sir. They towed cars off,
OK. And, they function. Whatever they have done has been effective up to a point. But, I don't
want to talk to NET. The reason I came here today is to put the City Commission, the City
Manager, the Chief of Police on notice that you will be named in a petition...
Chairman Hernandez: You are going to be filing a lawsuit, then?
Mr. Jones: Yeah, right.
Chairman Hernandez: OK, then there is nothing to talk about. I understand.
54 February 10, 1998
Mr. Jones: All right, OK. All right.
Commissioner Plummer: That's it. That's it. That's it.
Chairman Hernandez: I understand. Thank you, very much.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
16. PROPOSED SECOND READING ORDINANCE: AMEND SECTION 2-1052
OF CODE -- DECREASE NUMBER OF OVERTOWN ADVISORY BOARD
MEMBERS AND NUMBER TO MAKE QUORUM. COMMENTS
REGARDING PROCEDURE TO SEND DISCUSSION MATTERS /
PERSONAL APPEARANCES TO CITY MANAGER FOR CONSIDERATION
PRIOR TO SCHEDULING AS AGENDA ITEM.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item number ten.
Commissioner Plummer: Move it.
Chairman Hernandez: We have a motion on...
Commissioner Regalado: Second.
Chairman Hernandez: ... item number ten. There is a second by Commissioner Regalado. All
those in favor say "aye."
Mr. Walter J. Foeman (City Clerk): No, it's an ordinance.
Commissioner Plummer: No, it's an ordinance.
Commissioner Regalado: It's an ordinance.
Chairman Hernandez: It's an ordinance. Read the ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Mr. Chairman, on this item that you just
voted on right here, it just says that a majority present shall constitute a quorum. And, I would
just like the record to reflect that that would probably be interpreted by our office to mean, that
you would have to have at least three at any given time for that to occur. You would have to
have at least three.
55 February 10, 1998
Commissioner Plummer: Well, how it works at Bayfront Park, if the meeting is to start at noon,
the amount of people there at noon constitute a quorum. And, it works wonders.
Commissioner Gort: Everybody is there on time.
Mr. Foeman: Continuing roll call. Commissioner Gort.
Commissioner Plummer: That's it everybody gets there on time.
Commissioner Gort: We can do the same thing here in the Commission.
Commissioner Plummer: That's it.
Commissioner Gort: Yes.
Commissioner Plummer: By the way, Mr. Chairman, if I may? Mr. City Manager, we
established a policy some years ago, that any matter of discussion that comes on the agenda that
they be afforded the opportunity of meeting with your office prior to, to see it they can't be
worked out, or at least, so you will be prepared to talk to the issue. I would hope that in the
future that policy would be once again adhered to, so that we save the Commission a lot of time,
and you a lot of time. And, I guarantee you, half of them will be ironed out before they ever
come before the Commission.
Mr. Foeman: Continuing roll call. Commissioner Regalado.
Commissioner Plummer: I am sorry.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTIONS 2-1052 AND 2-1053 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO DECREASE THE
NUMBER OF BOARD MEMBERS ON THE OVERTOWN ADVISORY BOARD
AND THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM FOR SAID
BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of January 13, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Regalado, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
56 February 10, 1998
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11605.
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. PROPOSED SECOND READING ORDINANCE; ESTABLISH REVENUE
FUND: SOLID WASTE REDUCTION RECYCLING AND EDUCATION (FY
'98) -- APPROPRIATE $275,573 FOR DEVELOPMENT AND
IMPLEMENTATION OF SAME FROM STATE GRANT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item number 11.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Chairman Hernandez: We have got a motion by Commissioner Plummer, seconded by
Commissioner Gort. Roll... Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Read the ordinance. I mean, roll call.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes.
57 February 10, 1998
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SOLID WASTE REDUCTION RECYCLING AND EDUCATION (FY
'98)" AND APPROPRIATING FUNDS FOR THE DEVELOPMENT AND
IMPLEMENTATION OF SAME IN THE AMOUNT OF $275,573.00, CONSISTING
OF A SOLID WASTE MANAGEMENT RECYCLING PROGRAM GRANT FROM
THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND
TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of January 13, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS:
ABSENT:
None.
Vice Chairman Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11606.
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. PROPOSED SECOND READING ORDINANCE: AMEND CAPITAL
IMPROVEMENTS ORDINANCE 11337 -- REVISE APPROVED
SCHEDULED CAPITAL IMPROVEMENTS PROJECTS FOR FY 97-98.
Chairman Hernandez: Item 12.
Commissioner Plummer: I move it, fully understanding that it only includes five different parks.
Identified for the record are, Robert Clemente, Dorsey, Shenandoah, Jose Marti and Baywood
Park shoreline improvements.
Commissioner Gort: You know, we pay staff to do that, J.L.
Commissioner Plummer: I just want to make sure, because somebody was trying to run with
some of my money.
Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort.
Read the ordinance, please.
58 February 10, 1998
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
Mr. Walter J. Foeman: Roll call.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes.
An Ordinance entitled -
AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDINANCE NO.
11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THEREBY CONTINUING
AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL
IMPROVEMENT PROJECTS FOR FY '97-98; 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 January 27, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11607.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
59 February 10, 1998
----------------------------------------------------------------------------------------------------------------
19. PROPOSED SECOND READING ORDINANCE: AMEND SECTION 40-250
OF CODE (GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST) -- PROVIDE FOR REJECTION OF MEMBERSHIP
BY ASSISTANT CITY MANAGERS / SPECIAL ASSISTANT TO CITY
MANAGER.
Chairman Hernandez: Item 13.
Commissioner Plummer: Move it.
Chairman Hernandez: Moved by Commissioner Plummer.
Commissioner Regalado: Second.
Chairman Hernandez: Second by Commissioner Regalado. Can you read the ordinance, please.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): I am sorry, mine is out of place.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Mr. Maxwell: Is this 13 or 14, we are on now, sir?
Mr. Walter J. Foeman (City Clerk): This is 13. Thirteen.
Mr. Maxwell: You said 13, but do... Is it 13?
Commissioner Regalado: Item 13.
Chairman Hernandez: Roll call.
Mr. Jose Garcia -Pedrosa (City Manager): No, wait a minute. He didn't...
Mr. Maxwell: Hold up.
Chairman Hernandez: What happened?
Commissioner Regalado: He didn't read it.
Mr. Maxwell: I have got a problem with 13. Just a moment. Sanitation Trust. Yeah, OK. It
was missing from my package, Mr. Chairman. I apologize.
[AT THIS POINT, THE CITY ATTORNEY CONTINUED WITH THE READING OF THE
ORDINANCE INTO THE PUBLIC RECORD.]
NOTE FOR THE RECORD: Vice Chairman Teele entered the
City Commission Chamber at 3:26 p.m.
60 February 10, 1998
Chairman Hernandez: Roll call, please.
Mr. Foeman: Roll call.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Vice Chairman Teele: Yes.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CITY CODE RELATED TO THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST ("GESE TRUST"); MORE PARTICULARLY AMENDING
SECTION 40-250 PROVIDING FOR THE REJECTION OF MEMBERSHIP BY
ASSISTANT CITY MANAGERS AND SPECIAL ASSISTANTS TO THE CITY
MANAGER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading, by title, at the meeting of January 27, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Regalado, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11608.
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 February 10, 1998
----------------------------------------------------------------------------------------------------------------
20. PROPOSED SECOND READING ORDINANCE: AMEND SECTIONS 55-1
AND 5-10 OF CODE -- PROVIDE FOR BUILDING PERMITS TO BE ISSUED
FOR CONSTRUCTION ON GOVERNMENTAL AGENCY - OWNED LAND
PRIOR TO FINAL PLAT APPROVAL AND RECORDATION.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 14.
Commissioner Plummer: I have to ask... I will move it, but I have got to ask a question.
Chairman Hernandez: Go ahead.
Commissioner Plummer: The question is, what is this tor? Is this for the FEC (Florida East
Coast) property?
Mr. Jim Kay (Director/Public Works): Yes. There are two properties in the City that...
Commissioner Plummer: Is one of them the FEC?
Mr. Kay: One of them happens to be the FEC. The other one happens to be the Christy House.
Commissioner Plummer: And, should we be in putting everything in nickel and diming into
one? We deferred an item this morning on the FEC property...
Mr. Kay: Uh-huh.
Commissioner Plummer: ... because of my calling it "piecemeal" and Arthur calling it "nickel
and diming." Now, the question is, should be put this in that same boat.
Mr. Jose Garcia -Pedrosa (City Manager): I would recommend that you not do that, because this
is really...
Commissioner Plummer: You recommended not to do it this morning, we overrode you.
Mr. Garcia -Pedrosa: I am going to try again.
Commissioner Plummer: We will override you again. That's...
Mr. Garcia -Pedrosa: No, this is not FEC, specifically. It's an amendment to our Code to permit
some mechanism to take place. And, the reason I want to stress this, Commissioner Plummer, is
that the Christy House is involved here too, if they don't break ground this month, they maybe in
jeopardy of losing one million dollars ($1,000,000) grant.
Commissioner Plummer: What is the Christy House?
Mr. Garcia -Pedrosa: This is a facility for sexually abused children that is being built on 12th
Avenue, across the street from the State Attorney's Office.
Commissioner Plummer: And, they just found out about it, just now? They haven't known
about it for months? And, yet, you come here, and tell me if I don't vote today, that I am the bad
guy?
62 February 10, 1998
Mr. Garcia -Pedrosa: No, I didn't say that. What I said to you was, that the mechanism that we
seek to accomplish here, will be helpful to them as well.
Commissioner Plummer: OK.
Mr. Garcia -Pedrosa: Thank you.
Commissioner Gort: Move it.
Chairman Hernandez: Moved...
Commissioner Plummer: I moved it for discussion.
Commissioner Gort: Second.
Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort.
Read the ordinance.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): This is item 14.
Chairman Hernandez: Read the... Roll call.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Vice Chairman Teele: Yes, sir.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
An Ordinance entitled -
AN ORDINANCE AMENDING SECTIONS 55-1 AND 55-10 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, DEFINING GOVERNMENTAL
AGENCY AND PROVIDING A MECHANISM WHEREBY CITY BUILDING
PERMITS MAY BE ISSUED FOR CONSTRUCTION OF IMPROVEMENTS ON
GOVERNMENTAL AGENCY -OWNED LAND WITHIN THE BOUNDARIES OF
AN APPROVED TENTATIVE PLAT PRIOR TO FINAL PLAT APPROVAL AND
RECORDATION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
63 February 10, 1998
passed on its first reading, by title, at the meeting of January 27, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 1109.
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. RATIFY / APPROVE / CONFIRM -- WAIVE COMPETITIVE BIDS --
APPROVE ACQUISITION FROM SHARK WRECKING CORPORATION ON
PROPERTY AT 950 MACARTHUR CAUSEWAY -- ALLOCATE $8,500.
ACCT./ 001000-921002-340.
Commissioner Plummer: Move 15.
Chairman Hernandez: Item 15, has been moved. Is there a second?
Commissioner Gort: Second
Chairman Hernandez: Second by Commissioner Gort. Can you please read the ordinance?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): That's a resolution. You need four -fifths
vote.
Chairman Hernandez: All right. Can you call the roll call, please?
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Vice Chairman Teele: Yes, sir.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes.
64 February 10, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-154
A RESOLUTION BY FOUR -FIFTHS (4/5THS); AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE ACQUISITION OF A PRE -DEMOLITION ASBESTOS SURVEY,
DEMOLITION SERVICES, AND ABOVE -GROUND FUEL TANK REMOVAL
FROM SHARK WRECKING CORPORATION, ON THE PROPERTY LOCATED AT
APPROXIMATELY 950 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AT A
COST NOT TO EXCEED $8,500; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000-921002-340; FURTHER AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
22. EXECUTE LEASE AGREEMENT WITH ALAMILLA AND ASSOCIATES,
INC SUBJECT TO ASSIGNMENT TO FIREHOUSE IV OF MIAMI, INC. --
FOR LEASING OF RESTAURANT AT 1000 SOUTH MIAMI AVENUE CITY
OWNED PROPERTY -- REQUIRING TOTAL INVESTMENT OF $367,285
PLUS MINIMUM LEASE OF $1,356,576 PLUS 11 PER CENT OF GROSS
REVENUES.
Chairman Hernandez: Item 16.
Commissioner Plummer: It got awful quiet around here, didn't it?
Chairman Hernandez: Item 16, is Firehouse IV.
Mr. Jose Garcia -Pedrosa (City Manager): The Firehouse resolution, Mr. Vice... Mr. Chairman,
authorizing me to execute a lease agreement with Alamilla and Associates for the... subject to an
assignment for the Firehouse IV facility and restaurant.
65 February 10, 1998
Commissioner Plummer: Well, let's get it on the record. We are not really dealing with
Alamilla, correct?
Chairman Hernandez: That's correct.
Mr. Garcia -Pedrosa: Well we are, but it's subject from an assignment from Alamilla.
Commissioner Plummer: OK, do you have that assignment in hand?
Ms. Julie Bru (Assistant City Attorney): We have reviewed it.
Commissioner Plummer: Do you have it signed, sealed and delivered?
Ms. Bru: No. I am sorry. We have reviewed the draft of it. The attorney for the entity that is
going to be doing business with the City is aware of the conditions that we are going to be
looking for in the assignment.
Commissioner Plummer: Do we then understand that it is... this approval is subject to that being
executed?
Ms. Bru: It is expressly provided for in the resolution, that it is subject to that assignment.
Commissioner Plummer: OK. The only thing I tried to extract, Mr. Manager, was to get a two-
year rolling letter of credit. I still think it's legitimate. Now, how much is the security deposit?
Ms. Dena Bianchino (Asst. Director/Asset Management): Six months, fifty-seven thousand
three hundred and seventy-five dollars ($57,375.00).
Commissioner Plummer: And, in the case of default?
Ms. Bianchino: In the case of default, we have the normal provisions by which we take them to
court, and we then...
Commissioner Plummer: We take them to court, we chase after them to get our money, like we
do all the time.
Mr. Garcia -Pedrosa: Well, but not. In this case, Commissioners, there is an extra aspect to it,
and that is, three hundred and sixty-seven thousand or whatever it is worth...
Commissioner Plummer: That's in fixtures and furniture?
Ms. Bianchino: Yes, sir.
Mr. Garcia -Pedrosa: Well, we have that.
Commissioner Plummer: It's ours.
Ms. Bianchino: Oh, absolutely.
Ms. Garcia -Pedrosa: It would be, yes.
Commissioner Plummer: You know what used kitchen equipment is worth?
66 February 10, 1998
Ms. Bianchino: Commissioner, if I may? They are putting a new roof on the building, they are
doing substantial improvements to the structure that would remain there, if they leave the
premises.
Commissioner Gort: It is my understanding, there is a commitment about six hundred thousand
dollars ($600,000) in improvement?
Ms. Bianchino: Well, at the moment, it's three hundred and sixty-seven.
Mr. Garcia -Pedrosa: Three sixty-seven. Three, six, seven.
Commissioner Gort: Is that equipment and improvement together?
Ms. Bianchino: Yes.
Mr. Garcia -Pedrosa: That's in...
Commissioner Plummer: And, in what time frame do they have to spend that amount of money?
Ms. Bianchino: Ninety days.
Commissioner Plummer: In other words, they have to have it done and completed in 90 days?
Ms. Bianchino: Or they are... Yes, that's correct.
Commissioner Plummer: And, the only thing you are getting as security deposit is sixty-seven
thousand dollars ($67,000).
Ms. Bianchino: It's fifty-seven thousand three seventy-five.
Chairman Hernandez: Which consists of what?
Commissioner Regalado: Six months.
Commissioner Gort: Six months rent pay.
Chairman Hernandez: Six months, total?
Ms. Bianchino: We are getting the first six months rent discounted at 50 percent, which is per
the RFP (Request for Proposals), which is nineteen thousand one hundred and twenty-five
dollars ($19,125). And, then we are getting an additional thirty-eight thousand two hundred and
fifty dollars ($38,250.00) as a security deposit. Which is, six months rent.
Commissioner Regalado: My question... My only question is, when are we going to see
construction workers there?
Commissioner Plummer: That would be within 90 days. Finished.
Chairman Hernandez: They have to finish in 90 days. They have to open in 90...
Ms. Bianchino: If I may?
Commissioner Regalado: Within, 90 days.
67 February 10, 1998
Ms. Bianchino: If I may speak for the lessees. It is my understanding that they intend to start
construction almost immediately.
Commissioner Plummer: But, they have to have it finished in 90 days?
Ms. Bianchino: They have to... We have to approve the plans in 90 days. But, I will tell you
that they want to open in May, and this process is going to be expedited.
Commissioner Plummer: But, they have to spend that amount of money within 90 days.
Ms. Bianchino: No, they just have to get our approval of the plans for the buildings.
Commissioner Plummer: And, so they could take three years to spend it. I mean, r flN not
written out there, there is no provisions.
Ms. Bianchino: They have 90 days from the date we approve the plans to complete the work.
We have 30 days to...
Commissioner Plummer: OK. That's what I was asking.
Ms. Bianchino: I am sorry I gave you inaccurate... Thirty days to approve the plans, then they
have 90 days to complete.
Commissioner Plummer: Let me tell you, I am going to vote for it. But, one of these days we
are going to act like good businessmen and we are going to get deposits where we don't have to
start running after people and going to court to get our money. Every time we turn around here
when something goes sour, we are in court, we are tied -up. I mean, Merrill Stevens is a good
example of where they are just thumbing their noses at us, all day long. And, I am telling you,
that if you get enough deposit upfront, or a rolling letter of credit, you don't have to chase them.
You got it right then and there if they go into default. I would hope that we would start acting
like good business people, and start getting that as a must in the future.
Chairman Hernandez: Mr. Manager.
Commissioner Gort: Dena. Let me ask a question.
Chairman Hernandez: Commissioner Gort, go ahead.
Commissioner Gort: Let me ask a question. My understanding is, there is a deposit for fifty-
seven thousand dollars?
Commissioner Plummer: Which is nothing.
Ms. Bianchino: It's total of, first six months rent, and a security deposit. That's the total.
Commissioner Gort: But, my understanding is, also looking at the rent and the minimum annual
rent is fifty-seven thousand dollars ($57,000.00) for a year.
Ms. Bianchino: For the first year. It goes up every year after that.
Commissioner Gort: Right. OK.
Commissioner Plummer: Plus 11 percent.
68 February 10, 1998
Commissioner Gort: Plus 11 percent.
Ms. Bianchino: Yeah, we get the minimum base rent, plus 11 percent over certain break points.
Commissioner Plummer: And, how many years is this lease?
Mr. Garcia -Pedrosa: Fifteen.
Ms. Bianchino: Fifteen years with two five-year options. And, we can increase the rent at the
time of the options based on fair market appraisals.
Chairman Hernandez: Mr. Manager, do you recommend this lease?
Mr. Garcia -Pedrosa: Yes, sir. I do.
Chairman Hernandez: Do you believe it's in the best interest of the City.
Mr. Garcia -Pedrosa: Yes... [inaudible]
Chairman Hernandez: I call the question. Is there a motion to accept the lease?
Commissioner Regalado: Yes.
Chairman Hernandez: Motion by Commissioner Regalado. Seconded by Commissioner Gort.
All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: Commissioner Teele?
Commissioner Gort: Good luck.
Chairman Hernandez: Yes.
Vice Chairman Teele: Yes.
69 February 10, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-155
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER
TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH ALAMILLA AND ASSOCIATES, INC., A FLORIDA FOR PROFIT
CORPORATION, SUBJECT TO AN ASSIGNMENT TO FIREHOUSE IV OF MIAMI,
INC., A FLORIDA FOR PROFIT CORPORATION, FOR THE LEASING,
MANAGEMENT AND OPERATION OF A RESTAURANT ON CITY -OWNED
PROPERTY, LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA,
FOR A PERIOD OF FIFTEEN (15) YEARS WITH AN OPTION TO EXTEND FOR
TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS; REQUIRING SAID LESSEE TO
MAKE A TOTAL INVESTMENT IN SAID PROPERTY OF NOT LESS THAN
$367,285 AND TO PAY THE CITY OF MIAMI A MINIMUM LEASE PAYMENT
TOTALING $1,356,576 FOR YEARS ONE THROUGH FIFTEEN, PLUS ELEVEN
PERCENT (11%) OF GROSS REVENUES OVER AN ESTABLISHED
BREAKPOINT; AND FURTHER, SUBJECT TO SUCH ADDITIONAL TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LEASE
AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
70 February 10, 1998
----------------------------------------------------------------------------------------------------------------
23. (A)DEFER CONSIDERATION OF AGENDA ITEM 17 (PROPOSED PHASE I
DEVELOPMENT OF PARROT JUNGLE & GARDENS IN WATSON
ISLAND) TO SCHEDULE PLANNING AND ZONING MEETING OF
MARCH 24, 1998 -- COMMENTS BY VICE-CHAIRMAN TEELE
REGARDING BUSINESS AND COMMUNITY PLANNING WORKSHOPS
IN TARGET AREAS AND THE NEED TO DECREASE COMMITMENTS
TO FUND PROJECTS OUTSIDE COMMUNITY DEVELOPMENT
TARGET AREAS -- FURTHER COMMENTS FROM COMMISSIONER
PLUMMER RELATED TO ST. HUGH OAKS MONIES EARMARKED
FOR BAYFRONT PARK MANAGEMENT TRUST.
(B)AUTHORIZE / DIRECT CITY MANAGER TO PREPARE STUDY
ESTABLISHING FLAGAMI AS TARGET AREA GIVEN ITS
DEMOGRAPHICS.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: All right. Item 17.
Commissioner Plummer: Move it.
Chairman Hernandez: We have a motion on item 17, do we have a second?
Commissioner Gort: I don't know...
Chairman Hernandez: I would like to...
Commissioner Gort: I don't know. Wait a minute. Who made the motion?
Commissioner Plummer: I did.
Commissioner Gort: J.L., well, I don't know. J.L., made the motion, wait a minute, wait a
minute.
Mr. Jose Garcia -Pedrosa (City Manager): No, let me... Let me address item 17, sir, please?
Commissioner Gort: Yeah, I got some questions on this item.
Mr. Garcia -Pedrosa: May...?
Chairman Hernandez: Mr. Manager.
Mr. Garcia -Pedrosa: The matter that's in the book is a resolution approving in principle Phase I
of the development plans for the Parrot Jungle. Since then, we have been advised by the City
Attorney that the phrase "in principle" should be removed from the resolution. At the same time,
we received formal written notification from the County Manager concerning the conditions
sought to be imposed by the County Commission as a prerequisite to their proceeding with the
application for this loan. This is, as you know, a Section 108 loan.
Commissioner Regalado: Mr. City Manager, Commissioner Plummer, Commissioner Gort, and
1, we were there.
71 February 10, 1998
Mr. Garcia -Pedrosa: Right.
Commissioner Regalado: And, I was telling you that the County Manager and at least four
members of the Commission that I spoke to, they understood that night, that anything that they
requested was predicated on the end of the fiscal emergency and any fiscal problems of the City
of Miami. That, not until, the City... it's over, all the financial problems, this City will have to
make a commitment. Armando Vidal says that he understood that and it was on the record. So,
I don't know...
Mr. Garcia -Pedrosa: Well, sir, we want to travel in that direction. The problem that I have is
twofold. First of all, the letter that he sent to me either last night or this morning, does not speak
of the trigger being or does not describe the trigger as being the end of the fiscal emergency as
you have stated. And, therefore, we need to clarify that. Because, that... his phrasing which has
to do with our capacity to apply for such a loan, is very different from the end of fiscal
emergency. The second thing that is not clear in his letter that we need to make clear is, that the
subordination of the lease that is being requested does not take place until whatever that trigger
is. And, the way that the letter reads now, maybe it's a draft letter, that subordination would be...
able to, make now. What I would suggest, Mr. Chairman is...
Commissioner Regalado: Excuse me. I think... J.L., it was Jimmy Morales who suggest that,
but it wasn't approved.
Commissioner Plummer: It was not approved. That was...
Commissioner Regalado: It was not approved. The subordination of the lease was not approved
by the Commission.
Commissioner Plummer: Well, that was the third phase. The first phase, so that you know what
I understood as the terminology was, was yes, we had a Financial Oversight Board which would
be empowered for five years. That, in fact, nothing of the City's block grant money would be
used until we had the availability of the amount of funds. Where it broke apart, Mr. Manager,
was, that we do have additional capacity, under the five... the multiplier of five. Which then
gave us about thirty-eight to forty million dollars ($40,000,000). But, it was said very clearly by
your staff people, that in fact, the Oversight Board would not let us to assume that much more
obligation because we know if it's a default, then the City has to back it up. So, then the
question then arose. Was it when the capacity was available? It was not at the end of the five-
year term. It was when the capacity was available. That... As a matter of fact, one of the people
there said it could be six years, ten years, fifteen years.
Commissioner Regalado: Absolutely. Absolutely.
Commissioner Plummer: The subordination was a third item. And, I don't remember the
second. That only if the other two failed, the subordination would kick in, and my answer to
them immediately was, no way. Subordination, in my estimation, was out of question.
Commissioner Regalado: And, it was not approved.
Commissioner Plummer: No.
Commissioner Regalado: Mr. Blanco was there, and he gave us a letter... He gave us a letter,
and I showed that letter to the County Manager and J.L., is right. It's exactly as he is saying.
And, the subordination motion was not approved.
72 February 10, 1998
Chairman Hernandez: Can we... Can I make this recommendation? Can we approve this in
principle without waiving any future rights of the City of Miami and giving you the authority, or
adding to the resolution that we will give the Manager the authority to negotiate with Miami -
Dade County and bring whatever he negotiates to the Commission?
Mr. Garcia -Pedrosa: Mr. Chairman, you can. The difficulty is, that an approval in principle, we
are now being told by the City Attorney is really not what is in the lease, which this step was
supposed to be. The lease provides, that you will approve as one of the steps towards
completing this transaction. The sitplan - Now, because we have an uncertainty, a great
uncertainty between what Commissioners Plummer and Regalado are saying, and what this draft
letter from the County says, what I would like to do....
Chairman Hernandez: Defer.
Mr. Garcia -Pedrosa: ... is not to ask you to approve anything this afternoon, but if you wish,
they are here, and I think it might be useful if we go forward with the brief presentation, so that
at least you know what has been discussed so far, from the standpoint of what the project is.
And, you don't hear it from the news media or hearsay or something like that. But, I am going
to suggest that you not take any action to approve anything, whether it be final or in principle or
not...
Chairman Hernandez: OK.
Mr. Garcia -Pedrosa: ... until we clarify exactly what the requirements are, and our willingness or
unwillingness to accept those requirements.
Commissioner Plummer: Why does that have an bearing...? If the loan was not in question, we
would do this. Because, when we approved these items for the Parrot Jungle and referendum by
the voters of this City, there was no talk of a 108. The talk was in reference here, today. So, I
don't see where this is any idea of not approving it today. The loan is a separate entity aside
from this, which you are asking us to approve, as I understand it. Now, if I am wrong...
Commissioner Gort: You can approve it in principle.
Mr. Garcia -Pedrosa: You can approve it all... No, no, no. You can approve it in principle, but
that's not what the Parrot Jungle and Gardens, Inc., wants under the terms of the lease.
Chairman Hernandez: Mr. Manager, the bottom line is, you don't want us to act today, correct?
Is that what you are recommending?
Mr. Garcia -Pedrosa: I would suggest that you let me clarify this with the County before you take
any action.
Commissioner Gort: Mr. Chairman.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: So, why is it...? Commissioner Gort, and then Vice Chairman Teele.
Commissioner Gort: Yeah, one of the problems that I have is, how long it takes for any to do
any transactions. I mean, we want to bring tourist attractions, we want to bring industries, we
want the private sector to work with us. And, it seems like every time we have a major project,
which has gone to the voters, the voters voted for it, we are in agreement, it takes... When was
this approved, about a year ago already? It's been a year. Anytime we have a major event, or a
73 February 10, 1998
major function that will take place, it takes a year and two years. Now, the private sector and the
public sector, we can do that. But, the private sector is not used to this. I mean, when you
borrow money, you pay interest every day on that money borrowed and the money you are
using. Somehow, Mister... I would like to see how we can expedite some of these things. Like,
I understand, we are going to need some Charter amendments to change the... when we do an
RFP (Request For Proposals), that we have to wait 90 days for a response. And, by the time we
respond and get... it takes eight months before we can say "yes" to an RFP, so... Somehow, Mr.
Manager, I know you have got a lot of things in your hands, but I would really like to see some
of the things being expedited, whatever change you think... needs to be done, we should do it,
and...
Mr. Garcia -Pedrosa: I think I should have mentioned, because it's apropos to your comment,
Commissioner Gort, that this matter is on your March 24th?
Ms. Arlene Weintraub (Asst. Director/Planning & Development): March 24th, yes.
Mr. Garcia -Pedrosa: Agenda already for the Major Use Special Permit. And, it would be our
suggestion, if you not act now. That this step be added...
Commissioner Gort: Bring it all together, all the items and all that together that's in there.
Mr. Garcia -Pedrosa: Yes, sir. Yes, sir.
Commissioner Plummer: That's not a delaying factor.
Mr. Garcia -Pedrosa: I am told that there would not be... [inaudible]
Commissioner Plummer: Is it a delaying factor? Don't sit there like you are relaxed. Get up
here and fight.
Mr. Bern Levine: I am not sure what the real question is, but...
Chairman Hernandez: Name and address for the record.
Commissioner Plummer: Your name.
Mr. Levine: Excuse me, Bern Levine.
Commissioner Plummer: Quack, quack, quack.
Mr. Levine: Eleven thousand Southwest 57th Avenue.
Commissioner Plummer: How come you didn't bring any birds here? You took them down
there. We have got give up here already. Go ahead.
Commissioner Gort: Speak for yourself.
Mr. Levine: Commissioner Plummer, I really don't know how to answer that, but I think there
are two parts to this. The first part is the 108 part, and that would delay if we are going to wait
until the end of March to be able to finalize that. As where it comes to the permit itself, I don't
think that I am capable of answering officially that.
Commissioner Plummer: But, I don't see the 108 as being part of this brought before us, today.
74 February 10, 1998
Mr. Levine: It's... That's not what's listed today.
Commissioner Plummer: I... That's what I am saying. I don't know why we just don't go ahead
and approve this.
Commissioner Regalado: Yeah. I was going to ask that. Why can't we approve this, and clarity
whatever? Because, it was their motion and we were there, but just to support the project. And,
J.L., spoke on behalf of the City and we spoke individually to the Manager and Commissioners,
but that's what about...
Chairman Hernandez: Commissioner Plummer and Commissioner Regalado, if I may intercede?
I would like to follow the request and the recommendation of the Manager at this point? He has
reasons for this, he is going to be negotiating for us.
Commissioner Plummer: OK.
Commissioner Regalado: Sure.
Chairman Hernandez:
Let's just...
Vice Chairman Teele:
Mr. Chairman.
Chairman Hernandez:
Vice Chairman Teele.
Vice Chairman Teele:
You want to move to defer?
Chairman Hernandez:
To March 24th, which is the recommendation of the Manager.
Vice Chairman Teele:
OK.
Commissioner Plummer: And, I'll honor that.
Vice Chairman Teele:
OK, then I would move to defer to March 24th for discussions.
Commissioner Plummer: Second the motion. I withdraw my motion to approve and second
motion to defer. Anytime my colleague ask for further information, I'll always honor that
request.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Discussion.
Vice Chairman Teele: We are going to get into this in a little bit of detail, and I know that this is
not going to be well received, and I want to commend the Manager and his staff again, for
working on item number 20 and 21, which is two hundred and fifty thousand dollars
($250,000.00) of CD (Community Development) funds for the Tower Theater Rehabilitation
Program, and I am going to be supporting that. But, I want to say this, this Commission has
somehow got to get its self together and stop falling all over ourselves every time there is a
request to spend money, especially, CD money. Now, I am going to put this on the record, and
then I am going to move aggressively as Chairman of the Economic Development Committee, to
hold hearings next week. Next week, in terms of my responsibilities under the Charter as given
to me, delegated to me by the Mayor over Community Development and Economic
Development funds. Gentlemen, we are out of control.
75 February 10, 1998
Unidentified Speaker: Amen.
Vice Chairman Teele: Everybody who can get 20 absentee ballots can come down here and get
CD money, and it's not right. We are giving away CD money, we have given away more CD
money on the fly on pocket items, since I have sat here in 90 days, than I saw the County give
away in five years outside of the process. There is no process. The process is outside of the
process. Anybody who can get ten people to come down here and yell, and jeer, can get five
hundred thousand dollars ($500,000.00). This Commission is giving away CD money right and
left. And, we are under federal HUD (Department of Housing and Urban Development) audit to
stop it. Within the last 30 days, the Manager and the Mayor have gotten a letter from HUD
saying, the 108 loan that you all are recommending, City of Miami, is illegal. It was the one for
the DDA (Downtown Development Authority). CD money must be used first and foremost to
remove slum and blight. It's a very simple criteria. CD money is not developer money, it's not
political pay -back money, it's not wheeler-dealer, it's not Gucci lawyer dollars. This is to
remove slum and blight. This City has over seventy million dollars ($70,000,000) of sidewalks
and roads, and gutters and sewage and drainage, in the slum and blighted areas that has not been
touched. Seventy million dollars ($70,000,000). You are the Chairman of the Public Works
Committee. Mr. Kay, Mr. Manager, it's my understanding... I asked that it be moved into the
CD program to try to put some brakes on this. Bayfront Trust, I am all for it. I voted for it.
Give them another million dollars ($1,000,000) of CD money. Gentlemen, it's not eligible.
There is no slum, there is no blight in Bayfront. 108, the third meeting I was here for the Omni
area, and that was a housing project, and the national objectives are to remove slum and blight
and housing. So, you probably will get away with that. We did a 108, the other day for how
much money, Mr. Manager? About three weeks ago. No hearing, no analysis, didn't go through
any process, pocket item, a 108. Now, let me just say this, Mr. Manager. We have got to work
together... Huh? No, it's more than a half a million dollars ($500,000). The one for Mr. Huller.
[phonetic] We did a 108... Mr. Waters, how much was the 108 we did for Mr. Huller the other
day? I voted for it.
Commissioner Plummer: Yes, it was a half a million dollars ($500,000).
Mr. Elbert Waters (Interim Director/Community Development Dept.): Mr. Vice Chairman, that
is a request for a CD float.
Vice Chairman Teele: OK, a CD float. How much was the CD float? It's a little bit. It's...
Mr. Elbert Waters: Approximately eight... Yes, approximately eight million dollars
($8,000,000), sir.
Vice Chairman Teele: Eight million dollars ($8,000,000) on a CD float. I stand corrected on the
108. We have done three 108's since I have been here, or at least there have been three
documents that have come to me. My point is this, if it is outside of the CD area, it it's outside
of the CD target area, Allapattah, Wynwood, West Little Havana, East Little Havana, Overtown,
Park West, Little Haiti, Liberty City, Model Cities. I have got to tell you, its got to go through a
different kind of test. I am 100 percent for the Parrot Jungle. I am 100 percent to find the
money that you need. But, I must tell you, I think we have got to begin to go slow on these
108's, on these CD floats and on the underlying business of what we do with the 13 or fourteen
million dollars ($14,000,000) a year that we get. Because, we need to be trying to remove slum
and blight. Miami is the fourth poorest City in the nation, not in the State of Florida, but in the
entire United States. And, we are not removing slum and blight. So, all I am saying in support
of the motion to defer, I will be looking positively to find the dollars that are requested, but I am
not certain that I will be looking to get this from a 108. It may be this is a perfect UDAD
(phonetic). I mean a Department of Commerce...
76 February 10, 1998
Unidentified Speaker: EDA.
Vice Chairman Teele: EDA. This is a perfect EDA loan. But, I don't think we should let
everybody come in here and tell us how to spend our money, and then we fall all over ourselves
to try to accommodate it. The 108 has never been on the table to my knowledge of the City.
And, if I... if I am wrong, I have only been here 90 days, I stand corrected. But, it was not my
understanding that the City was being asked to put up a 108. It was my understanding the
County was being asked.
Commissioner Gort: It's the County.
Chairman Hernandez: It's the County, so far as I know.
Commissioner Plummer: Yeah.
Commissioner Gort: Commissioner... Mr. Chairman.
Vice Chairman Teele: And, you know, I just think that while we are under a HUD audit, it's
almost the height of arrogance to just say we are going to do whatever we are going to do, we
ought to at least get out from under the problem before we go back to our business as usual.
And, so, I am only asking that we begin to slow down on the commitments to 108's outside of
the CD target areas. If it's inside the CD target area, I am going to be supporting. But, those
things that are outside, I just think we have got to be careful. And, Mr. Manager, you have
gotten a letter since you have sat in that chair from USHUD (United States Department of
Housing and Urban Development) telling you that the... that a 108 that we approved is
ineligible. And, I just want to be very clear that if I am going to chair the Community... the
Economic Development Committee, the grants that we recommend ought to at least meet the
national objectives. I believe that this is a perfect grant for a EDA grant. I think we ought to be
able to go help them get it, and I am not certain if it meets the 108. I am not certain. I am not
saying it does, I am not saying it doesn't. But, I think we need to be darn clear and darn sure,
that we know what we are doing when we approve something like this.
Chairman Hernandez: Thank you. Commissioner Gort.
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Commissioner Gort...
Commissioner Plummer: OK.
Chairman Hernandez: ... first and then Commissioner Regalado, and then Commissioner
Plummer.
Commissioner Gort: Vice Chairman Teele, I would like to clarify. I have been here four years
now. Every 108 that I voted so far that come in front of me has been in a CD target area. The
only difference is, the downtown Flagler Street study. And, the reason that HUD said that it was
not right, because it was done under Public Works rather than the Economic Development.
Now, my understanding is, the reason Flagler Street did qualify, because it's within the
Enterprise zone. The application...
Vice Chairman Teele: Which one is....?
Commissioner Gort: I am talking about the 108 for the DDA for the improvement of Flagler
Street. If you go through Flagler Street, and that's our living room, that's the... where we get a
77 February 10, 1998
lot of the taxes. You go through Flagler Street, and you have for the first time in the history of
downtown Miami, six or seven major stores, they have pulled out of that area, because of the
City lack of maintenance of that one area. Besides all the things that DDA do, and DDA it's
important people understand, is funded by the additional tax paid by the property owner in that
district. This Commission here, every vote has been for people inside the CDC. The votes that
you have here, that we brought in as a pocket item, they were items that were passed in the... by
the previous Commission, and it was just to reassure. And, everyone of those that we voted for
have their track record, and your staff can tell you the track record of the ones that we approved,
like the Allapattah CDC, and the East Little Havana CDC. The amount of apartments they have
built within the target area.
Vice Chairman Teele: Houses.
Commissioner Gort: I understand. But, the 108, my understanding also, this is a County, it's not
a City 108. But, I want you also to understand the 108 that we have approved so far, and they
have all been within your target area. And, my understanding is, we have not had any default, on
any of the 108's.
Vice Chairman Teele: Commissioner, I will get you a copy of the federal HUD letter which
states that the reason the 108 is disapproved is because it fails to meet one of the two national
objectives. The first national objective is the removal of slum and blight. The second is to
increase the housing stock.
Commissioner Gort: Well...
Vice Chairman Teele: And, that's the criteria. It has nothing to do with Public Works. It has to
do with the fact that the subject matter fails to meet the national test.
Commissioner Gort: Then, I am going to have to sit down with our staff, because I was told a
different ballgame. I was told that the reason it was objected because it was put as a Public
Works job, rather than Economic Development.
Vice Chairman Teele: I'll get you the letter. I'll get you the letter.
Commissioner Gort: No, I got the letter, and they told me the same thing. So, this is something
we need to discuss. We made some commitment to those people, and I got some major
companies to come into Flagler Street, because we need them there. And, we got to... I got to go
back and tell these people if we are going to or not.
Vice Chairman Teele: Willy, and Commissioner, and I am telling you, I will work day and night
to support you to get the right kind of money for that kind of activity. And, I hope the Manager
is going to talk today about the legislative agenda. But, those are the kinds of programs that I
believe working with our delegation, we can get funded. Our Dade delegation.
Chairman Hernandez: Commissioner Regalado.
Commissioner Gort: It's your district.
Commissioner Plummer: You wanted to talk first.
Commissioner Regalado: Yeah, I am really happy that Vice Chairman Teele is going to be
monitoring the different projects. And, I wanted to bring this issue too, because I think it's about
time that the administration begins looking into the possibility of bringing Flagami as a target
area. The reason is, that demography has changed a lot in the past two decades in this area.
78 February 10, 1998
And, we now find that, as Vice Chairman says, we have serious problems in that area, and that
area does not qualify for this kind of money. So, I would suggest, Mr. Manager, that we start
looking into that possibility, so we can have a comprehensive plan throughout the City when we
monitor all the monies that we receive, and...
Vice Chairman Teele: Mr. Chairman, if you would allow...? If, Commissioner Regalado would
be able to make a motion to that effect, asking that the City begin the process. The University of
Miami has an office, I forget which of the departments that has done these studies. They did it...
Commissioner Regalado: Yes, I know.
Vice Chairman Teele: ... for Sweetwater very recently. And, in fact, found that Sweetwater was
eligible and it is an ongoing process that we ought to be doing. So, I would be happy to second
the motion, because the time is only right to do that...
Commissioner Regalado: Absolutely,.
Vice Chairman Teele: ... before you get...
Commissioner Regalado: I would...
Chairman Hernandez: OK, before entertain that motion. We have a motion to defer item 17,
first.
Commissioner Plummer: I asked to be heard.
Chairman Hernandez: I understand that. So, we... Have you finished, Commissioner Regalado?
Commissioner Regalado: Yeah, I did.
Chairman Hernandez: OK. Commissioner Plummer.
Commissioner Plummer: First of all, let me make sure that everybody understands, because
there was some misunderstanding at the County. This is not a grant. This is a loan that is paid
back to the City of Miami. Paid back, OK.
Commissioner Regalado: To the County.
Commissioner Plummer: It is at a better rate of interest, but it is a loan. Second of all, maybe,
Mr. Teele, you weren't here, sir, at the time that we were talking about two million dollars
($2,000,000) for Flagler Street, which was well needed. It is understood that Flagler Street and
the Downtown area is having major problems. It was the recommendation of the administration
at that time, that a bond issue would not pass, it would be a major problem, and that we try to
find other sources of getting that money to do what was needed then, now and immediately.
That's why we went to this source of funding. Not a 108, this was block grant funds. I also
want to clear the record up for you, that the money that is going to Bayfront Park Trust is not
money from block grant funds, it is not a 108. That is the escrow money from St. Hugh Oaks,
and that is where that money is coming from, which is City funds and was allowed, and is
dedicated to the problems existing in Bayfront Park. It is not block grant. It is not a 108. It is
escrow funds. And, now because of his comments, Mr. Manager, the Mayor had asked that they
take two hundred and fifty thousand dollars ($250,000) of that money for the Latin Speciality
Center. And, based on the comments of Mr. Teele, it concerns me that I said, yes, that we would
get the money back in the next allocation of block grant monies. That, that's where we would
get the monies, the other two hundred and fifty thousand to complete the projects which we have
79 February 10, 1998
already spent and made allocations for. So, at this time, until I have some clarifications, I am not
willing to forego those funds which were dedicated to Bayfront Park by this Commission.
Chairman Hernandez: OK, let's get back in focus here.
Commissioner Plummer: Well, the focus is very simple. You asked this to be deferred, we are
going to defer it.
Chairman Hernandez: That's... We have two motions on the floor. The first motion is to defer.
It was a motion by Commissioner Teele, second by Commissioner Plummer. All those in favor,
say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-156
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 17 (PROPOSED
PHASE 1 DEVELOPMENT PLANS FOR PARROT JUNGLE AND GARDENS OF
WATSON ISLAND).
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: The second motion was made by Commissioner Regalado, seconded by
Commissioner... Vice Chairman Teele. All those in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-157
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PREPARE A COMPREHENSIVE PLAN / STUDY IN CONNECTION WITH THE
POSSIBLE ESTABLISHMENT OF FLAGAMI AS A TARGET AREA: FURTHER
NOTING THAT SAID STUDY IS WARRANTED INASMUCH AS THE
DEMOGRAPHY WITHIN THE FLAGAMI TARGET AREA HAS CHANGED.
80 February 10, 1998
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Levine, if you want to leave that in my office. If you need a place
to store it, you feel free to do it. It will only cost you two birds barbecued.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I want to give to the Manager, a letter dated November 3, 1997,
addressed to Mr. Ed Marquez. It's in response to your... City's request for a one million dollar
($1,000,000) 108, under the provisions of the CDBG (Community Development Block Grant) to
support the Flagler Street Market Place sponsored by the DDA (Downtown Development
Authority). And, I wanted to make sure that Commissioner Gort has a copy of this, so that he
can consider it. I mean, so that we can figure out how to make it comply, and do what it is that
he wants to do, because I want to be supportive.
Commissioner Gort: Thank you, Commissioner Teele. I agree with you. I think those funds
should be utilized where it's most needed. Because, this is an area where we can provide a lot of
employment.
24. EXECUTE AGREEMENT WITH EVANS ENVIRONMENTAL &
GEOSCIENCES -- FOR BROWNFIELDS REDEVELOPMENT PROJECT --
ALLOCATE $525,000 FROM SPECIAL REVENUE FUNDS: BROWNFIELDS
REDEVELOPMENT PROJECT AND BROWNFIELDS DEMONSTRATION
PILOT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 18. Authorization, execute agreement. City of Miami Brownfields
Redevelopment Project.
Commissioner Plummer: Commissioner Regalado, was the one that had questions on that. Have
you resolved your problem with that?
Commissioner Gort: Which one?
Commissioner Regalado: Yeah, it was on the process...
Chairman Hernandez: Item 18.
81 February 10, 1998
Commissioner Regalado: ... not on the selection. Item 18.
Commissioner Gort: My understanding is, that staff ensured us that the persons you selected can
do the job, and there is no...
Commissioner Plummer: Do we have a performance bond?
Ms. Arlene Weintraub (Assistant Director/Planning Department): No, sir, we don't.
Commissioner Plummer: Why not.
Mr. Weintraub: On selection of consultants of this nature, when we, the City pay them for
services, we don't normally seek a performance bond.
Commissioner Plummer: And, then, they walk off half way through it and nothing is done, and
then we are sitting there holding the bag.
Ms. Weintraub: It's on a reimbursement basis, where when they perform the services, once
reviewed and under monitoring by the City, then we pay for services rendered, not before.
Mr. Jose Garcia -Pedrosa (City Manager): They don't pay... They don't perform, we don't pay.
Commissioner Plummer: You get a performance bond, they perform.
Chairman Hernandez: They get paid as they work, right?
Commissioner Plummer: I hear you.
Mr. Garcia -Pedrosa: Yes, sir, on their invoices.
Ms. Weintraub: After.
Commissioner Plummer: No ticky, no laundry.
Chairman Hernandez: Is there a motion on item 18?
Vice Chairman Teele: So moved.
Commissioner Plummer: Second.
Chairman Hernandez: Moved by Commissioner... Vice Chairman Teele. Seconded by
Commissioner Plummer. All those in favor say "aye."
The Commission (Collectively): Aye.
82 February 10, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-158
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN AN AMOUNT NOT TO EXCEED $525,000.00 WITH EVANS
ENVIRONMENTAL & GEOSCIENCES, TO PROVIDE PROFESSIONAL
ENVIRONMENTAL ENGINEERING SERVICES FOR THE CITY OF MIAMI
BROWNFIELDS REDEVELOPMENT PROJECT; ALLOCATING FUNDS
THEREFOR FROM THE SPECIAL REVENUE FUNDS ENTITLED "CITY OF
MIAMI BROWNFIELDS REDEVELOPMENT PROJECT" ($425,000.00) AND "CITY
OF MIAMI BROWNFIELDS DEMONSTRATION PILOT" ($100,000.00), FOR SAID
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
25. REALLOCATE UNEXPENDED COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FROM COMMERCIAL CODE COMPLIANCE PROGRAM
(CDBG PROJECT 799613) -- FOR TOWER THEATER REHABILITATION
PROJECT -- INCREASE CONTRACT WITH PONI-FONTICIELLA
CONSTRUCTION CORPORATION BY $400,000 MAXIMUM -- INCREASE
BERMELLO, AJAMIL AND PARTNERS, INC. BY $36,000 MAXIMUM --
FURTHER PROVIDE FOR PAYMENT OF ENGINEERING FEES TO PUBLIC
WORKS FOR $50,000 MAXIMUM -- ALLOCATE FUNDS FROM CDBG
PROJECT 799402/CIP PROJECT 322061 -- FURTHER REQUESTING
PERFORMANCE BOND FOR CONSTRUCTION PROJECTS -- FURTHER
COMMENTS RELATED TO NEED FOR PLEDGE OF TITLE AND FOR IN-
HOUSE PROJECT MANAGER TO MONITOR TOWER THEATER PROJECT.
Chairman Hernandez: Item 19, was removed. Item 20, Tower Theater Rehabilitation.
Commissioner Regalado: Mr. Chairman.
Chairman Hernandez: Commissioner Teele... Commissioner Regalado.
83 February 10, 1998
Commissioner Regalado: I believe that it's the will of the Commission to support this project,
but the problem with this project is that it's been delayed so many times, and several times we
have been told that the administration needs more money. Now, I as one vote, I will say that I
will vote for it, because it will be embarrassing for the City, if we leave it as it is. But, I would
request the administration, Mr. City Manager, to give us an exact date of the termination of the
project. And, the commitment from the administration that this will be enough to finish the
whole project.
Commissioner Plummer: There is no way you are going to get that, it's a bottomless pit.
Commissioner Regalado: Well?
Commissioner Gort: Mr. Chairman.
Commissioner Regalado: Then, we don't vote. I wouldn't vote.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I agree with Commissioner
worked on for years now. And, I'll go back to
commitments to neighborhoods, we tell them we
seven years to get them done, and that's not fair.
Vice Chairman Teele: It's not fair.
Regalado. This is something that has been
the same thing we stated. We made certain
are going to do things, and it takes five, six,
Commissioner Gort: I mean, people are there, they are waiting for it. We need to do... We need
our staff to do the research and to do the work...
Commissioner Plummer: Is the trial over?
Commissioner Gort: ... and please let us really know what's happening. We can't continue to
do these things, and I agree with Teele, and this is the frustration in the neighborhood. We all go
back to our neighborhood and the same thing takes place. I want, once and for all, to let me
know how much it's going to cost and when it's going to be done. Because, I mean, we have
been playing with this one now for five years.
Commissioner Plummer: You know, the problem... You know, let's be honest with ourselves.
Commissioner Regalado: No, but can we get a date certain, today, right now?
Commissioner Plummer: How about a dollar certain?
Commissioner Regalado: No, no, no. A dollar is out of the question. I mean, this is the last
amount.
Commissioner Plummer: I mean, we are now over three million dollars ($3,000,000) into this
project, you know. And, here we are three million dollars ($3,000,000) into a project that
doesn't have a parking space.
Chairman Hernandez: Why?
Commissioner Regalado: Well, that... that we addressed, or I, at least know that, Mr. Clark
Cook is willing to buy a lot, which is next to the McDonalds and build a parking area there. I
84 February 10, 1998
will tell you that, that would be... My problem is the construction itself, and the date. I mean,
because, that sign in front of the tower has been changed so many times. And, I don't know, if
today we can get a date certain. Can we, Mr. Casanova, get...?
Mr. Jose Casanova (Planner II/Planning Department): Until we have the funding so... we cannot
give a definite date. But, according to the latest that the contractor gave us, he is estimating
between September and October as a substantial completion date.
Commissioner Plummer: Well, where did...? Who goofed up on this thing? Somebody goofed
up. Now, who goofed up in their estimating of a quarter of a million dollars ($250,000).
Mr. Jose Garcia -Pedrosa (City Manager): Oh, no, no, no. Commissioner, the reason for this
latest change, and I don't know what happened before. But, the reason for this latest change is
that the structural condition of the portion of the building that was to remain, not be demolished,
turned out to be in much poorer condition than had been originally estimated...
Commissioner Plummer: Then, somebody goofed up when they didn't make that determination
in the beginning. Hey, you know, it just seem like we are throwing money in a bottomless pit. I
mean, you are talking three million... Alba can write a check for it. I mean, you're just... It
seems to be no end to it. I mean, how can you have a completion date when every time they
come back, they are throwing the line out for more dollars? And, you know... Just so you know,
we still do not have a release from WOMETCO to allow first run theater movies to be shown
there. That's still...
Mr. Garcia -Pedrosa: Also, Commissioner, there were items that were not of the original list that
are being purchased now. Some equipment, audiovisual equipment, food service equipment that
were not included in the original contract, because of lack of funding. So, you have the
combination of the addition of those items and the structural condition.
Commissioner Plummer: Go to the poorhouse in a limousine.
Commissioner Regalado: Why? What would happen if we were to say on this resolution, is it?
Yeah. What will happen if we amend it and say, this is the last money that will be given by the
Commission.
Mr. Garcia -Pedrosa: I don't think anything will happen. I think the... you know, the tougher
thing is for us to give you... make a representation to you about a completion date, which is
really not in our control. But, as far as the money is concerned, you are perfectly able to say, this
is it.
Commissioner Regalado: I would say. But, still, I would... I mean, we have to have some kind
of idea of when the termination date is. I mean...
Mr. Garcia -Pedrosa: Well, let me make this suggestion, Commissioner, if that's your concern.
Why don't you instruct us that before we disburse any of this money, we bring back to you a
written representation from the contractor as to what's the anticipated substantial completion, the
final completion dates are. And, we will have an opportunity for you to say, stop, don't disburse
any money, if you don't find that timetable to be acceptable.
Commissioner Plummer: I'll give you one better. How about a performance bond for two
hundred and fifty thousand dollars ($250,000), if he doesn't complete it, we draw down on the
two fifty? Let's put the monkey on his back.
Commissioner Regalado: I'll vote for that.
85 February 10, 1998
Chairman Hernandez: That's not a bad deal.
Commissioner Regalado: Hey, I'll...
Mr. Garcia -Pedrosa: I don't know that this contractor will have the ability to come up with that
kind of money...
Commissioner Plummer: Oh, no. He just says, oh, if you don't give me another quarter of a
million dollars ($250,000) everything stops. That's your fault. Bad City Commission.
Commissioner Regalado: Give him a one hundred thousand dollars ($100,000) performance
bond. At least we save something. I mean, because...
Vice Chairman Teele: I have another idea.
Commissioner Regalado: Go ahead.
Vice Chairman Teele: Look, I would hope, and I have asked the Director... I'll say it, again.
These projects, any project that's over some amount of money, one hundred thousand, two
hundred thousand dollars ($200,000,00), we need to have project engineers on staff to give us,
and this is through the Public Works Department, we have those people. It's a simple cost. In
some cases, a five thousand, twelve thousand, seventeen, twenty thousand dollars ($20,000) to
do an estimate of a job, and have an engineer to stand here and tell us what the job is going to
cost.
Commissioner Regalado: That's right.
Commissioner Plummer: It's here. It's here. Fifty thousand dollars ($50,000).
Vice Chairman Teele: No, no. Fifty thousand dollars ($50,000). But, I am saying before we
even get into it. I mean, see, we are half way into this thing now.
Mr. Garcia -Pedrosa: We are 90 percent into it.
Vice Chairman Teele: Well, we are 85 percent...
Mr. Garcia -Pedrosa: Eighty-five or ninety percent.
Vice Chairman Teele: ... hopefully. What I would to see, is that there be a pledge of the title
back to the City, if the thing is not going to be completed.
Commissioner Plummer: It's ours now.
Ms. Linda Kearson, Esq. (Asst. City Attorney): It's... We own it.
Commissioner Regalado: No, we own that. No, we own that one.
Vice Chairman Teele: When I say a pledge, I am talking about the fact that they would just
abandon it, give it up. Because, you see, charging them for a bond, which we are going to wind
up paying for, because we give them CD (Community Development) money. So, I mean, that's
like, we are writing ourselves a check. The only thing... the only leverage that we have, is to say,
if this isn't done right, you give up your rights to operate it, and maintain it in the future.
Otherwise, if we require that they pay a bond, they are going to submit a grant. And, we are
86 February 10, 1998
going to now, take it away from some project, and give them the grant. So, I mean, that doesn't
solve our problem, in my judgment. I mean, I'll do it, if that's what you want to do. But, it just
seems to me that the only way around this thing, is to basically say, if it's not done by a certain
time within a certain amount money, then they will basically be asked to vacate the premises, we
will take it over and find someone else that can do it.
Commissioner Plummer: And, then they will place mechanical liens against us, and we'll be
tied up in years in court.
Mr. Jim Kay (Director/Public Works Department): I don't recommend doing that.
Vice Chairman Teele: It's ours anyway.
Mr. Garcia -Pedrosa: This isn't going to help us with this project, Mr. Vice Chairman. But, it
seems to me that one of the things that we need to do, I intend to do with all these projects in the
future is to have an in-house project manager responsible to monitor the progress of each of
these things, so that we are not in the position we are in now. We really are about 85 or 90
percent in. And, what I am fearful of, is that we may tie our own hands by doing something
now, that was a very good idea to have done sometime back. But, now, we are sort of stuck.
Commissioner Plummer: Well, we didn't envision sometime back, that they'd come back every
time we turn around, asking for another quarter of a million dollars ($250,000).
Mr. Garcia -Pedrosa: Well, what you probably, as I understand it, the project was probably
underfunded to begin with.
Vice Chairman Teele: From the beginning but, that's rule one of how you get money.
Mr. Garcia -Pedrosa: That's... That's right. And, it's the change order rule.
Commissioner Plummer: I told them from day one, that they could tear it down and build a
magnificent structure for one million dollars ($1,000,000), and they wouldn't listen. And, it's
your fault. You wanted the historical.
Vice Chairman Teele: Mr. Manager, what is your recommendation on this?
Mr. Garcia -Pedrosa: Sir, my recommendation is that you approve this item, that you instruct us
to come back with a written statement - there is a bug here, for those who are watching (sic) -- a
written statement from the contractor concerning the completion, and then you make it clear
your intention not to appropriate more monies for this project.
Commissioner Regalado: And, you don't disburse money until we have the date certain.
Mr. Garcia -Pedrosa: And, you have had an opportunity to comment on it, if you don't.... That's
right.
Commissioner Regalado: Right.
Commissioner Gort: You got your motion. [phonetic] Second.
Chairman Hernandez: Motion by Commissioner Regalado, second by Commissioner Gort. All
those in favor say "aye."
The Commission (Collectively): Aye.
87 February 10, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-159
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REALLOCATE TWO
HUNDRED AND FIFTY THOUSAND DOLLARS ($250.00) OF UNEXPENDED
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE
COMMERCIAL CODE COMPLIANCE PROGRAM (CDBG) PROJECT NO. 799613)
TO THE "TOWER THEATER REHABILITATION PROJECT" (CDBG PROJECT NO.
799402/CIP PROJECT NO. 322061); INCREASING THE CONTRACT FOR THE
PROJECT ENTITLED: "TOWER THEATER REHABILITATION, B-3253, SECOND
BIDDING" WITH PINO-FONTICIELLA CONSTRUCTION CORPORATION, IN AN
AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS
($400,000); INCREASING THE CONTRACT WITH BERMELLO, AJAMIL AND
PARTNERS, INC. IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND
DOLLARS ($30,000); AND FURTHER PROVIDING FOR THE PAYMENT OF
ENGINEERING FEES TO THE DEPARTMENT OF PUBLIC WORKS IN AN
AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS (450,000), AS HEREIN
SPECIFIED; ALLOCATING FUNDS FOR THE ABOVE CITED EXPENDITURES
FROM CDBG PROJECT NO. 799402/CIP PROJECT 322061; AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENTS, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, TO ABOVE CITED CONTRACTS TO EVIDENCE SAID
INCREASES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
26. PROPOSED FIRST READING ORDINANCE: AMEND SECTION III OF
ORDINANCE 11337: CAPITAL IMPROVEMENTS ORDINANCE --
INCREASE APPROPRIATIONS TO PROJECT 322061: TOWER THEATER
BY $25,000 FROM $2,276,800 TO $2,526,800.
Chairman Hernandez: Item 21.
Commissioner Gort: Same. Companion item
Chairman Hernandez: Same, right. So, you have a motion again.
88 February 10, 1998
Commissioner Regalado: Yeah, I do Move it.
Commissioner Gort: Second.
Chairman Hernandez: Motion by Commissioner Regalado, second by Commissioner Gort. All
those in favor, say "aye."
Mr. Walter J. Foeman (City Clerk): Twenty-one is an ordinance.
Chairman Hernandez: An ordinance. Read the ordinance please.
Mr. Foeman: Linda, your mike.
Chairman Hernandez: The microphone aren't working.
Ms. Kearson: Hello? OK.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call, please.
Mr. Foeman: Roll call.
Commissioner Regalado: Yes.
Commissioner Gort: Yes.
Vice Chairman Teele: Yes, sir.
Chairman Hernandez: Yes.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION III OF ORDINANCE NO. 11337, AS
AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, THEREBY INCREASING THE
APPROPRIATIONS TO THE EXISTING CAPITAL IMPROVEMENT PROJECT NO.
322061 ENTITLED: "TOWER THEATER REHABILITATION" BY AN AMOUNT
OF $250,000 FROM $2,276,800; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Regalado, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
89 February 10, 1998
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.
----------------------------------------------------------------------------------------------------------------
27. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING --
APPROVE SERVICES FROM HYVAC INCORPORATED -- FOR
REPLACEMENT OF AIR CONDITIONING SYSTEM AT FIRE STATION SIX
(69 N.E. 62 STREET IN LITTLE HAITI) -- ALLOCATE $56,674 FROM CIP
ACCOUNT 319301-860 PROJECT 313300 -- FURTHER COMMENTS
REGARDING NEED FOR OTHER REPAIRS AT STATION SIX AS WELL AS
A REPORT ON HIGH COST OF AIR CONDITIONING SYSTEM.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 22, has been withdrawn. Item 23.
Vice Chairman Teele: Now, Mr. Chairman. Mr. Manager, now am I to understand that there is
going to be a series of changes related to the CDBG (Community Development Block Grant)...?
I think, Christina had briefed me.
Mr. Jose Garcia -Pedrosa (City Manager): Yes.
Vice Chairman Teele: I thought she was going to...
Mr. Garcia -Pedrosa: If you want to discuss it, I have a... We have identified funding.
Vice Chairman Teele: Why don't we do it at the end then, if it's all right?
Mr. Garcia -Pedrosa: All right.
Commissioner Gort: What are you asking, to defer twenty...
Chairman Hernandez: Twenty-three.
Mr. Garcia -Pedrosa: You're asking for a deferral?
Vice Chairman Teele: No, sir.
Chairman Hernandez: No, but he's... What's the...?
Mr. Garcia -Pedrosa: It's the resolution approving by four -fifths an emergency...
Chairman Hernandez: Right. Is there a motion?
Commissioner Gort: It's the air condition for Station Six.
Mr. Garcia -Pedrosa: That's right, sir.
Commissioner Gort: Move it.
Chairman Hernandez: There is a motion by Commissioner Gort, is there a second?
90 February 10, 1998
Commissioner Regalado: Second.
Chairman Hernandez: Second by Commissioner Regalado. All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-160
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND
APPROVING THE ACQUISITION OF SERVICES FROM HYVAC INCORPORATED
FOR THE REPLACEMENT OF THE AIR CONDITIONING SYSTEM AT FIRE
STATION NO. SIX, IN AN AMOUNT NOT TO EXCEED $56,674.00' ALLOCATING
FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, ACCOUNT CODE NO. 319301-860, CAPITAL IMPROVEMENT PROJECT
NO. 313300; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
28. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING - - WAIVE
COMPETITIVE BIDS -- APPROVE SERVICE FOR REPAIR OF QUINT-10
FROM SIMON LTI -- ALLOCATE FUNDS FROM FIRE -RESCUE ACCT.
280701-670.
Chairman Hernandez: Item 24. Another emergency purchase.
Vice Chairman Teele: Huh.
Mr. Jose Garcia -Pedrosa (City Manager): This is to repair one of the units that was damaged.
91 February 10, 1998
Chairman Hernandez: Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Teele: Second.
Chairman Hernandez: Moved by Commissioner Gort, seconded by Vice Chairman Teele. All
those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-161
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE ACQUISITION OF SERVICES FOR THE REPAIR OF QUINT-10
FROM SIMON-LT1 FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 280701-670; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: yes, sir.
Vice Chairman Teele: May I inquire, while the Fire Director is here, of the Manager. When are
we going to get the roof...
Chairman Hernandez: Yeah.
Vice Chairman Teele: ... repaired, and get the dormitories built? You know, fire fighters spend
about one-third of their time in these buildings. This is like... This is really like a second home.
And, this has been promised, and promised, and promised. Have we identified the funds for
that?
92 February 10, 1998
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Teele: May I inquire, Mr. Manager? Can we...? This is the same station where
we just honored these six people. And, not that they are more deserving than anyone else. But,
it's certainly an area that has more calls, I understand, than virtually any other area, because of
the socioeconomic circumstances. It's hard enough to get people to go up there. I understand
that it's one of the hardest working units just because of the number of call -outs. We ought to at
least be able to provide them with a clean kitchen. The dormitories are just not in condition.
The water drain, it needs to be level back there. The water drains back into the building, so it's
always wet in the back.
Chairman Hernandez: This is in Little Haiti?
Vice Chairman Teele: This is in the Little Haiti area. But, it serves all of Biscayne Boulevard.
It serves all of Biscayne Boulevard. All of the upper... All of the Northeast upper side. So,
Commissioner Plummer and I have the same interest in this. I realize he is the Chairman. But,
is there anyway we can move forward with this, and to remove the NET (Neighborhood
Enhancement Teams) office there, where they said they were supposed to be going two years
ago, over there on 79th Street, and give the fire fighters a break.
Fire Chief Gimenez: Well, I can't address the NET office issue, but I can tell you that we have
close to five hundred thousand dollars ($500,000) allocated this year for fixing up... starting the
process of refurbishing fire stations. And, the first thing, the first priority items were air -
conditioners, this was the first one. Then, roofs are second, and then we will start the process of
refurbishing the interior of that. Five hundred thousand dollars ($500,000) is only for our first
year expenditure. We need that type of funding from now on, in order to make sure that our
stations are refurbished.
Vice Chairman Teele: So, again, you really are dependent on the fire emergency... the fire
rescue fee, to a great extent?
Fire Chief Gimenez: Yes, sir. Yes, sir, in order to get that extra capital that we need in order to
keep our stations up.
Vice Chairman Teele: I hope you will discuss this with the Chairman of the Committee to
underscore the importance of how important these funds are for your capital improvement.
Fire Chief Gimenez: Yes, sir.
Chairman Hernandez: That fire station, I visited it about six months ago. I was told that the roof
had done... they had done a complete roof job on that.
Fire Chief Gimenez: I don't believe so. It... we have... I just called today, to find out. We have
an estimate for the repair of, just a repair, temporary repair of that roof is about twenty-five
hundred dollars ($2,500). We are going to continue, we are going to go ahead and do that repair.
Vice Chairman Teele: The roof was done, Chief. It was a low bid job.
Chairman Hernandez: Right. Right.
Vice Chairman Teele: The low bidder won.
Chairman Hernandez: Yeah.
93 February 10, 1998
Vice Chairman Teele: The low bidder did it, and the roof leaks.
Chairman Hernandez: Yeah.
Fire Chief Gimenez: OK. Well, we are going to...
Chairman Hernandez: I was told that.
Vice Chairman Teele: I mean, it leaks badly.
NOTE FOR THE RECORD: Commissioner Plummer entered the
City Commission Chambers at 4:21 p.m.
Commissioner Plummer: Long live the low bidder. Mr. Manager, I am sorry that I went out of
the office on 23. I want to tell you something. The City in my estimation got ripped off. You
did an air-conditioning for fifty-six thousand dollars ($56,000) for 22 tons of air-conditioning.
Now, I am not an air-conditioning man, but I just put a brand new unit in my place of business,
16 tons for eighteen thousand dollars ($18,000). I don't buy the excuse that says, well, we went
out twice for bidding, and this was the best bid we got. That, to me, that amount of money is out
of the question. It's already done, all we are doing is ratifying. But, let me tell you something, I
think we got ripped off. Because, it is just absolutely out of question. If I can buy a 16 ton unit,
and I realize it's more than one unit, for eighteen thousand dollars ($18,000), it sure doesn't
seem like to me, you have got to spend fifty-six thousand dollars ($56,000) for four more tons. It
doesn't make any sense to me. So, I just want to put that on the record.
Mr. Garcia -Pedrosa: Let me look into it and get you a written report.
Commissioner Plummer: OK.
----------------------------------------------------------------------------------------------------------------
29. AUTHORIZE PAYMENTS TO MIAMI-DADE TAX COLLECTOR'S OFFICE
FOR OUTSTANDING AD VALOREM AND PERSONAL PROPERTY
TAXES -- FOR CARIBBEAN MARKETPLACE AT 5927 NORTHEAST 2ND
AVENUE -- ALLOCATE $200,000 FROM COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM -- FURTHER COMMENTS REGARDING
SCHEDULING SECOND READING OF PROPOSED ORDINANCE FOR
PAYMENT OF EQUIVALENT IN AD VALOREM TAXES TO CITY -- VICE
CHAIRMAN TEELE FURTHER COMMENTS ON COMPREHENSIVE PLAN
FOR PAYMENT OF AD VALOREM AND PERSONAL PROPERTY TAXES.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Where are we?
Commissioner Gort: Twenty-five.
Chairman Hernandez: Item 25.
Commissioner Gort: Caribbean Marketplace.
94 February 10, 1998
Mr. Jose Garcia -Pedrosa (City Manager): This is a resolution authorizing me to pay off tax liens
on the Caribbean Marketplace, not to exceed two hundred thousand dollars ($200,000).
Chairman Hernandez: We got... We decided to buy it, remember? On foreclosure.
Commissioner Plummer: We did buy it?
Mr. Garcia -Pedrosa: Yes, sir, we closed on the property.
Vice Chairman Teele: We bought it...
Chairman Hernandez: Yeah, we bought it in foreclosure.
Vice Chairman Teele: It was voted on...
Commissioner Plummer: Well, OK. What are we going to do, now that we have got it?
Mr. Garcia -Pedrosa: We are going to pay all the taxes.
Vice Chairman Teele: You are going to pay off the taxes.
Commissioner Plummer: I understand that. But, now that we have got it, we are going to pay
off the taxes, what are we going to do with it?
Vice Chairman Teele: It's Teele's district...
Commissioner Plummer: Teele.
Vice Chairman Teele: We are working on a plan. One of the things that we have at the back of
the agenda, is so that we don't just get into this building by building, is to do sort of an area or
corridor, I should call it a corridor study, down 2nd Avenue to try to come up with a
comprehensive plan as opposed to just any one building at a time.
Commissioner Plummer: I would sure hope that it gets back on the tax rolls in some way.
Vice Chairman Teele: I agree.
Commissioner Plummer: Mr. City Manager. I asked at the last meeting that any government
property that goes out, or sold is in fact, going to be paying the equivalent of ad valorem taxes.
Where is that?
Mr. Garcia -Pedrosa: Yeah, that order is being prepared.
Commissioner Plummer: OK. You already had it, we just never voted on the second reading.
Mr. Garcia -Pedrosa: No, no, no. There is a prohibition against having a second reading more
than...
Commissioner Plummer: OK, all right, all right.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Yeah, it's coming back again.
Commissioner Plummer: Let's just get it back and get the tax rolls running.
95 February 10, 1998
Chairman Hernandez: The two hundred thousand dollars ($200,000) is more than one year in
taxes?
Commissioner Plummer: Oh, I am sure. It's...
Chairman Hernandez: I mean, how many years are we talking about here?
Mr. Maxwell: At least five years.
Mr. Elbert L. Waters (Interim Director/Community Development): Since 1992, sir.
Mr. Garcia -Pedrosa: Yes, it's '92 to '96 according to the four-year election inquiry.
Commissioner Plummer: Four years. Fifty thousand a year.
Mr. Maxwell: Yeah.
Commissioner Plummer: And, those people ran Venezuela.
Chairman Hernandez: Right.
Commissioner Plummer: Or Haiti. No, I mean, the building is total wreck.
Mr. Garcia -Pedrosa: Yes.
Chairman Hernandez: Is there a motion on item 25?
Vice Chairman Teele: So moved, sir.
Commissioner Plummer: We have no choice. Second.
Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Plummer.
All those in favor say "aye."
The Commission (Collectively): Aye.
96 February 10, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-162
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE
NECESSARY PAYMENTS TO THE MIAMI-DADE TAX COLLECTOR'S OFFICE
FOR OUTSTANDING AD VALOREM AND PERSONAL PROPERTY TAXES FOR
RECENTLY ACQUIRED CITY -OWNED PROPERTY LOCATED AT 5927
NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, OTHERWISE KNOWN AS THE
CARIBBEAN MARKETPLACE; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $200,000.00 FROM COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM CONTINGENCY FOR SAID PAYMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
30. (A)RATIFY . APPROVE / CONFIRM EMERGENCY FINDING -- WAIVE
COMPETITIVE BIDS -- APPROVE PURCHASE FROM KNOLL, INC. FOR OFFICE OF WORKFORCE DEVELOPMENT IN ALLAPATTAH --
ALLOCATE $150,000 FROM WAGES AND COALITION ACCT. 454-006-
184-089.
(B)COMMENTS REGARDING NEED FOR JOBS PROGRAM OFFICE IN
LITTLE HAVANA.
Chairman Hernandez: Item 26.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Chairman Hernandez: Moved by Commissioner Plummer, second by Commissioner Gort. All
those in favor say "aye."
Commissioner Plummer: Just for the record, I don't like voting on non -bid items, but, Mr.
Manager, I need more justification. Go ahead.
97 February 10, 1998
Chairman Hernandez: All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-163
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF
FURNITURE AND OFFICE EQUIPMENT FORM KNOLL, INC., UNDER EXISTING
STATE OF FLORIDA CONTRACT NO. 4225-001-97-1, IN THE AMOUNT OF
$150,000, FOR THE ALLAPATTAH LOCATION OF THE OFFICE OF
WORKHOUSE DEVELOPMENT; ALLOCATING FUNDS THEREFOR FROM
WAGES COALITION ACCOUNT NO. 454-006-184-089; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICE TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
Chairman Hernandez: Item 27, has been...
Commissioner Regalado: Mr. Chairman.
Chairman Hernandez: Yeah.
Commissioner Regalado: This is about the Jobs Program, right? For the City of Miami?
Chairman Hernandez: Which one?
Commissioner Regalado: Item 26.
Chairman Hernandez: Yeah, 26, yes.
Commissioner Regalado: Didn't we say that we need to have some kind of office in the Little
Havana area, and the substation ready to house some of these employees?
98 February 10, 1998
Mr. Keith Cross (Client Services Coordinator/Office of Workforce Development): We are in the
process right now, of looking for an office in that area, as well as the Little Haiti area.
Commissioner Regalado: Well, we did say, and it was stated on the record that they had room in
the substation in Flagler for some satellite office.
Mr. Cross: We will do that.
Chairman Hernandez: Sir, name and address for the record, please?
Mr. Cross: Keith Cross, Client Services Coordinator for the Office of Workforce Development.
Chairman Hernandez: Thank you.
----------------------------------------------------------------------------------------------------------------
31. (A)RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- WAIVE
COMPETITIVE BIDS -- APPROVE PURCHASE OF POLICE DOGS
FROM METRO-DADE K-9 GUARD DOGS -- ALLOCATE $19,500 FROM
POLICE GENERAL BUDGET AND FROM WEED AND SEED GRANT
ACCT. 142013.290488.6.875.
(B)AUTHORIZE TO ALLOCATE FURTHER MONIES TO PURCHASE TWO
ADDITIONAL POLICE DOGS IF NEEDED.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 27, has been withdrawn. Item 28.
Vice Chairman Teele: May I inquire of the Manager?
Chairman Hernandez: Yes.
Commissioner Plummer: On 28...
Vice Chairman Teele: Mr. Manager, on 26, are you satisfied with this item? I don't mean, are
you satisfied, that's... Are we meeting our budget obligations and our... is this appropriation
consistent with the budget that we submitted?
Commissioner Plummer: For furniture.
Mr. Garcia -Pedrosa: Yes, it is. And...
Vice Chairman Teele: Fine.
Mr. Garcia -Pedrosa: ... I think we are within the budget.
Vice Chairman Teele: Fine.
Commissioner Gort: Also, my understanding is, the funding that you have been utilizing for this
is a grant that we received, right? Grant money.
Vice Chairman Teele: It's grant money. It's grant money.
Mr. Cross: One point five million dollars ($1,500,000).
99 February 10, 1998
Mr. Garcia -Pedrosa: It was determined, yes.
Commissioner Plummer: On item 28, Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Plummer: Mr. Chief. Hello. Big Chief?
Police Chief Warshaw: Yes, sir.
Commissioner Plummer: I mean, somebody brought to my attention that we need a fourth dog.
That a dog is going to be out of services in less than 30 days, and in fact, you are starting a new
class, and you needed to up this amount of money for the fourth dog to get him in the new class.
Am I correct?
Police Chief Warshaw: I wasn't aware of that, and Major
ear... there might be. I mean, obviously these things...
whispered in my
Commissioner Plummer: But, what I want to do is to make sure that we get the fourth dog to get
him in the training class, if in fact, that is a true statement.
Police Chief Warshaw: Well, what I would do is, request of the Manager, you know, to purchase
another dog. Either bring it back as an emergency or as an item, before the next agenda. But,
this is ratifying the action that took place by the previous Manager, I think back in November.
Commissioner Plummer: But, should I include and ask for an additional allocation for the fourth
dog?
Police Chief Warshaw: Well, if you would like to do that, I won't object.
Commissioner Plummer: Can I do that?
Mr. Jose Garcia -Pedrosa (City Manager): What we have is a different item. This...
Commissioner Gort: We have already done this.
Commissioner Plummer: I move 28. I know how to do it, go ahead.
Vice Chairman Teele: Second the motion.
Chairman Hernandez: Motion on item 28, by Commissioner Plummer, seconded by
Commissioner Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
100 February 10, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-164
A RESOLUTION BY A FOUR -FIFTHS (4/5TH) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE EMERGENCY PURCHASE OF THREE (3) POLICE SERVICE
DOGS FROM METRO-DADE K-9 GUARD DOGS, IN AN AMOUNT NOT TO
EXCEED $19,500.00, FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM THE FOLLOWING $13,000.00 FROM THE POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE 001000-290201.6.875, AND
$6,500.00 FROM THE WEED AND SEED GRANT, ACCOUNT CODE
142013.290488.6.875; FURTHER, RATIFYING, APPROVING, AND CONFIRMING
THE CITY MANAGER ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR
THREE (3) POLICE SERVICE DOGS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Chairman, I make a motion now that if an allocation is needed for
the fourth dog to be in the training class....
Police Chief Warshaw: It's two they need.
Commissioner Plummer: Two? I was told two. Whatever is necessary. Whatever the two dogs
are, the amount of money would be allocated by the Manager, and further ratified by us at a later
time off of Metro -Dade County contract.
Police Chief Warshaw: I thank you.
Commissioner Plummer: I so move.
Commissioner Gort: Second.
Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort.
All those in favor say "aye."
The Commission (Collectively): Aye.
101 February 10, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-165
A MOTION STATING THAT IF AN ADDITIONAL ALLOCATION IS NEEDED BY
THE MIAMI POLICE DEPARTMENT FOR TWO MORE POLICE SERVICE DOGS,
THE CITY MANAGER IS HEREBY AUTHORIZED TO ALLOCATE NECESSARY
FUNDS FOR SAME (FROM THE MIAMI-DADE COUNTY CONTRACT) AND
SAID ACTION SHALL BE RATIFIED BY THE COMMISSION AT A LATER
DATE.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
------------------------------------------------------ --------------- -------------------------------------
32. DISCUSS / TABLE / DEFER CONSIDERATION OF AGENDA ITEM 30
(LIFE INSURANCE FOR ELECTED OFFICIALS) TO LATER IN MEETING.
Chairman Hernandez: Item 29, has been withdrawn. Item 30.
Vice Chairman Teele: I move that it be deferred to later in the agenda, today.
Commissioner Plummer: Second.
Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Plummer.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-166
A MOTION A MOTION TO TABLE CONSIDERATION OF AGENDA ITEM 30
CONCERNING LIFE INSURANCE FOR ELECTED OFFICIALS UNTIL LATER
DURING TODAY'S COMMISSION MEETING.
Note for the Record: Agenda item 30 was not considered again during the Commission
meeting, after this motion was passed.
102 February 10, 1998
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
33. DEFER TO MEETING OF MARCH 10, 1998 CONSIDERATION OF
AGENDA ITEM 31 (FUNDING REQUEST FOR BAKEHOUSE ARTS
COMPLEX) -- FURTHER REQUESTING REPORT ON FORECLOSURE
STATUS OF SAID PROPERTY.
Chairman Hernandez: Item 31. Mr. Manager.
Commissioner Plummer: I don't see, Ms. Pancoast, here.
Mr. Jose Garcia -Pedrosa (City Manager): This is a request for discussion. This matter came
before you previously, and denied, and they ask to appear, and...
Commissioner Plummer: This was for the money for the new roof...
Mr. Garcia -Pedrosa: Right.
Commissioner Plummer: ... which we didn't have? And, which we could not fund?
Mr. Garcia -Pedrosa: It's also my understanding that they are now subject to a... to a foreclosure,
which was not the case earlier. But in any case [inaudible -- off microphone].
Commissioner Plummer: Move to defer to the next agenda.
Vice Chairman Teele: Second.
Commissioner Gort: Why? It's...
Vice Chairman Teele: But, wait now. The next agenda is the...
Chairman Hernandez:
the Fire Assessment Fee, and public hearing.
Vice Chairman Teele: We need to be careful about the next agenda.
Chairman Hernandez: Yeah.
Commissioner Plummer: All right, then move to defer it to a later date.
103 February 10, 1998
Chairman Hernandez: Move it to March the 10th. March 10th, specific date.
Commissioner Plummer: March loth.
Chairman Hernandez: Can we do that, Mr. Manager? Is that...? Is there a time specific on this?
Mr. Garcia -Pedrosa: No, there is no time specific.
Chairman Hernandez: OK, so let's... There is a motion to defer to March loth.
Commissioner Plummer: And, I would like to know, if in fact, that it is in foreclosure, because
that would make an entirely different scenario. Please?
Mr. Garcia -Pedrosa: We will determine that between now, and March loth.
Commissioner Plummer: Very important.
Chairman Hernandez: Moved by Commissioner Plummer, seconded by Vice Chairman Teele.
All those in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-167
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 31 (FUNDING
REQUEST FOR THE BAKEHOUSE ARTS COMPLEX) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MARCH 10, 1998; FURTHER
REQUESTING THE CITY MANAGER TO REPORT TO THE COMMISSION IF
SAID PROPERTY IS IN FORECLOSURE.
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
104 February 10, 1998
----------------------------------------------------------------------------------------------------------------
34. (A)AUTHORIZE / DIRECT FUNDING FOR LATIN QUARTER SPECIALTY
CENTER PROJECT -- FURTHER SCHEDULE PUBLIC HEARING.
(B)AUTHORIZE CITY MANAGER TO CONVEY AND DISPOSE OF
PROPERTY, WITH CONDITIONS, IN LITTLE HAVANA TO EAST
LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION --
DIRECT EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION TO COMMENCE CONSTRUCTION WITHIN 12
MONTHS -- FURTHER REQUESTING AN INDEPENDENT
EVALUATOR TO REVIEW / PLAN LATIN QUARTER SPECIALITY
PROJECT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 32, has been withdrawn. Item 33. As per Mayor Suarez' request.
A discussion concerning a request for funding for the Latin Quarter Specialty Center.
Commissioner Plummer: All right, now that's where I got a problem. Where is the money
coming from? Because, I had said that I would agree that he could take part of the money from
the St. Hugh Oaks that would be reimbursed from the CDBG (Community Development Block
Grant) when it was allocated in June. Now, Commissioner Teele, says that ain't going to
happen. He didn't say it, to this project. But, he said, it ain't going to happen and I need to
know that for sure, because I am committed... Excuse me. The City is committed to that money
for the projects that we have already started.
Ms. Christina Cuervo (Assistant City Manager/Finance & Administration): Commissioner, the
memorandum that you have in your package indicates that we are not going to use funds for St.
Hugh Oaks. But, it does mention that we were to go to the 34th year CDBG funds. We have
subsequently identified funds from existing CDBG funds that could be reallocated to be used for
this project, because the monies have to be committed now in order for the project to move
forward. So, we have a list here, and I think this is along the lines of what Vice Chairman Teele
was mentioning earlier in terms of some reallocation of CDBG monies that we can identify.
Commissioner Plummer: I am sure we are going to hear from, Commissioner Teele.
Vice Chairman Teele: No. I think that staff is working on this. Again, my concern is that we
have an engineer's report on this project before we get started. I... The worst thing that can
happen to us, is that we get into this... You are looking at one point six million dollars
($1,600,000)?
Chairman Hernandez: Yeah.
Mr. Elbert L. Waters (Interim Director/Community Development Dept.): Yes.
Vice Chairman Teele: That we find out we need two point one. I mean, and somehow,
someway, with all due respect to the proposal, which these are wonderful people, and God bless
America. But, we need somebody that's not with them, that is with the CD (Community
Development) office, that's an independent engineer that is saying, we have reviewed this, this is
realistic. This is...
Commissioner Gort: It's within the budget.
105 February 10, 1998
Vice Chairman Teele: This budget is realistic. This can happen. This is how we recommend
that we do it. Here is the timetable. Here is the milestone, so we know... The same thing the
Manager said, there has to... We cannot commit one million and a half dollars ($1,500,000) and
not have a project engineer, whether it be a staff person, or an outside person, to protect our
investment.
Ms. Cuervo: You are 100 percent correct, and that's what we will ensure that that happens.
Ms. Anita Rodriguez Tejera: Can I make some comments on that? Good afternoon. Thank you
for having us. My name is Anita Rodriguez Tejera. I am the executive director for the
organization. I do want to stress, Commissioner Teele and the rest of the Commission that we
come before you, based on our track records, and when we have come to you for funding, we
don't return for funding. When we tell you, we can construct the project, it gets constructed.
Believe me. Casa Grand Phase I, which was the last one you funded, is a 13-story building, we
are already on the eight floor of that construction. I do want to put on the record, though, that we
did pay a firm to provide cost estimates for this project from outside our organization, so that we
could have... so that we could have an objective set of numbers that we could work with in
terms of the construction cost, and we have paid for that. The CDC (Community Development
Corporation) has paid for that, and we didn't ask the City to have to absorb that. And, that is in
the files we have provided to the Department of Housing and the Mayor's Office.
Chairman Hernandez: Christina, are you saying that the St. Hugh Oaks project, and the monies
that are there right now are not going to be used as intended?
Ms. Cuervo: The money in St. Hugh Oaks project are not going to be used for this purpose. We
are going to reallocate certain CDBG funds that can outline... the CDBG funds that we have
identified to use for this project. But, are not going to use St. Hugh Oaks funds for this project.
Commissioner Plummer: In other words, this Commission has already allocated from the
escrow account of St. Hugh Oaks, one million dollars ($1,000,000). The Mayor had come to me
subsequently and asked me, what amount of money was absolutely committed at the time. And,
I told him, I think roughly seven twenty-five. He wanted to know could he take the additional
two fifty for the Latin Specialty Center and reimburse us the other two fifty at the time of the
money being given out from block grants, and I said, fine, as long as we are assured we will get
that money. Now, I am being told that, that's not the case. They are not going to pursue that
line.
Mr. Waters: Right.
Commissioner Plummer: So, I have no problem, whatsoever.
Vice Chairman Teele: Mr. Chairman, I would move item 33 as amended by the one page
document entitled "Sources of CDBG funds." It starts with "Homeloan Recovery fund of five
hundred thousand dollars ($500,000)." It's a handout. I hope everybody has it. And, it ends
with "Total Reallocation of two point one two seven. It allows one point six million for the
Latin Quarter. Two hundred and fifty thousand for the Tower Theater, and two seventy-seven
for the CRA (Community Redevelopment Agency). And, what it does is, it fulfills the
commitments that the City has already made. This will have to go before a public hearing. This
is merely... Mr. Director, correct me if I am wrong. This will have to go before a formal public
hearing...
Ms. Cuervo: Yes, sir.
106 February 10, 1998
Vice Chairman Teele: ... to be ratified.
Mr. Waters: Yes, sir.
Vice Chairman Teele: Before this Commission.
Mr. Waters: Thirty day review, and comment period, Mr. Vice Chair, and we anticipate the item
being before this body on March 24th.
Vice Chairman Teele: The Tower Theater project we had today. The CRA project we had last
week. And, this basically just merely conforms to what we have already approved in the CRA
budget and the Commission budget, and the Tower Theater project of today. And, the Latin
Quarter. And, I think the Manager and the new Assistant Manager deserves a lot of credit in
making this two point one two seven million available.
Commissioner Plummer: I had a question on your sheet here, your handwritten sheet. Down at
the bottom you show program income. As I see it here, you are showing it as an expense.
Mr. Waters: No.
Ms. Cuervo: The program income is revenues that we receive, and we are going to use those
funds for...
Commissioner Gort: Allocated.
Ms. Cuervo: ... to fund that portion of the project.
Commissioner Gort: This is how they are going to fund it, with the different...
Vice Chairman Teele: Each year... Each year there is a program income of about three million,
two million?
Chairman Hernandez: Three.
Mr. Waters: Approximately.
Vice Chairman Teele: Approximately two million?
Mr. Waters: Three million.
Vice Chairman Teele: Three million a year. And, what they saying is, they are taking one point
two four... Program income is normally shown as contingency funds, because you don't get it in
until you get it in. And, they are using... they are withdrawing that from the program income,
contingency wise.
Commissioner Plummer: Where it is going?
Vice Chairman Teele: It's going into the Latin Specialty Quarter.
Commissioner Gort: This is the different funds that substitute.
Mr. Waters: This is the...
Commissioner Plummer:
right. All right.
funds are coming from and that's the... OK, all
107 February 10, 1998
Commissioner Regalado: Mr. Chairman. Now, just for the record. This program income that
we are getting is not what we could get if we were to aggressively try to get paid for the loans, is
that correct?
Mr. Waters: Yes. When we receive loan repayments, that becomes program income, that goes
back...
Commissioner Regalado: But, how much are we not getting in terms of payments, that we are
not seeking from loans? That could become program income, additionally to this that we have
here?
Vice Chairman Teele: He's talking about your arrears. I looked at those numbers the other day.
Mr. Waters: It could be approximately one million that we are talking about.
Commissioner Regalado: I think it's more.
Vice Chairman Teele: But, there are a number of projects that are delinquent and we don't
understand what's going on.
Chairman Hernandez: Right.
Vice Chairman Teele: One of which, for example, is the... What's that project in the CRA
(Community Redevelopment Agency) area? Brand new.
Mr. Waters: Citadel.
Vice Chairman Teele: The citadel. Why they are not paying, I don't know. When the County
and City are renting space from them. But, that's his question, and it's about one million dollars
($1,000,000).
Commissioner Plummer: It's very simple. Because, we are bad businessmen. And, that's pure
and simple. We are paying them rent, and they owe us money, and they don't pay us. That's...
Chairman Hernandez: Item 33 has been moved by Vice Chairman Teele with the amendments.
Seconded by?
Commissioner Gort: Second.
Chairman Hernandez: Seconded by Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
108 February 10, 1998
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-168
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FUND
THE LATIN QUARTER SPECIALTY CENTER PROJECT AS OUTLINED IN
"SOURCES OF CDBG FUNDS" HANDED OUT DURING TODAY'S MEETING
AND WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK (GRANTING
$1,600,000 TO THE LATIN QUARTER SPECIALTY CENTER, $277,000 TO CRA
AND $250,000 FOR THE TOWER THEATER): FURTHER DIRECTING THE
MANAGER TO SCHEDULE A PUBLIC HEARING IN CONNECTION WITH THIS
ISSUE.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: Item 34. Mr. Manager.
Commissioner Regalado: Just one... Mr. Chairman, just one question. When is breaking
ground?
Ms. Rodriguez-Tejera: We plan to have a ground breaking ceremony in approximately 30 days.
We hope to close on all the loans in about 60 days, and plan to actually start construction at that
point. Does this resolution include the transfer of the land?
Ms. Cuervo: No. Mr. Chairman, I would like if you could allow us to read this resolution. This
would authorize the City administration to work with the Law Department to transfer the land to
East Little Havana Development Corp., in order for them to go forward with the project. So, if
you would like us to read that into the record.
[AT THIS POINT, MS. CHRISTINA CUERVO, ASSISTANT CITY MANAGER READ THE
RESOLUTION INTO THE PUBLIC RECORD.]
Chairman Hernandez: Thank you.
Commissioner Regalado: Do we need a roll call here?
Chairman Hernandez: No, we already voted.
Ms. Cuervo: No, no. You need to vote on that new item.
Chairman Hernandez: Separate and complete item. Is there motion.
109 February 10, 1998
Commissioner Regalado: Motion.
Commissioner Gort: Second.
Chairman Hernandez: Motion by Commissioner Regalado, seconded by Commissioner Gort.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-169
A RESOLUTION RELATING TO THE DEVELOPMENT OF THE PROPOSED
LATIN QUARTER SPECIALITY CENTER PROJECT; AUTHORIZING THE CITY
MANAGER TO CONVEY AND DISPOSE OF CITY -OWNED PARCELS LOCATED
AT 1435, 1453 AND 1461 SOUTHWEST 8TH STREET, MIAMI, FLORIDA
(LOCATED IN THE LITTLE HAVANA NEIGHBORHOOD), TO THE EAST LITTLE
HAVANA COMMUNITY DEVELOPMENT CORPORATION ("EELHCDC"), SAID
PARCELS MORE PARTICULARLY LEGALLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF; DIRECTING THE ELHCDC
TO COMMENCE CONSTRUCTION WITHIN TWELVE (12) MONTHS FROM THE
DATE OF THIS CITY COMMISSION ACTION OR THE SUBJECT PARCELS
SHALL REVERT BACK TO THE CITY; AUTHORIZING THE CITY MANAGER TO
CONVEY THE SUBJECT CITY -OWNED PARCELS AT NO COST IN RETURN FOR
ANY FUTURE NET PROCEEDS FROM THE SALE OF THE
COMMERCIAL/RETAIL SPACE SHOULD ELHCDC SELL THE IMPROVED
PROPERTY OR CEASE TO EXIST AS AN ORGANIZATION; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE
CLOSING DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE ELHCDC TO EFFECTUATE SAID CONVEYANCE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
110 February 10, 1998
----------------------------------------------------------------------------------------------------------------
35. DISCUSS FORMAT / CONTENT / PRIORITIZING OF 1998 STATE AND
FEDERAL LEGISLATIVE INITIATIVES -- FURTHER APPRISE CITY
MANAGER OF PRIOR LEGISLATION SUPPORTING LOWER RATES FOR
HOMEOWNERS' INSURANCE - INQUIRY TO SCHOOL BOARD ON TAX
ASSESSMENT.
Chairman Hernandez: Item 34.
Ms. Rodriguez-Tejera: Thank you.
Chairman Hernandez: You are welcome.
Ms. Christina Cuervo (Assistant City Manager/Finance & Administration): Mr. Chairman, item
34 is a list of our state and federal legislative priorities. And obviously, we are looking for the
Commission to give us input into the state and federal legislative priorities. I know some of you
have already indicated what some of your top priorities are. The Mayor has referenced, the
Municipal Fire and Police Pension Plans, that are up in front of the state legislature.
Commissioner Regalado, has discussed Community Development funding and increases in
Public Service funding availability at federal level, and Commissioner Teele, today, identified
some Public Works projects that we need to pursue funding for. So, those were all included in
this package. If you have any comments, we are available to hear your comments and input.
Commissioner Regalado: We also have here, or I guess, I don't know if we have it already. But,
this Commission approved, I think about two months ago, a motion to support a bill by Insurance
Commissioner, Bill Nelson.
Commissioner Plummer: Correct.
Commissioner Regalado: That bill, would eliminate the three member panel that is able to
override any of Commissioner Nelson's rejection of raises in home insurances. And, I think we
need to include that in the state legislation program.
Ms. Cuervo: We will add that to the state legislative program.
Commissioner Regalado: I guess, that the City Clerk will have the precise wording of that...
Mr. Walter J. Foeman (City Clerk): Of the motion?
Commissioner Regalado: Yeah.
Mr. Foeman: Yes.
Commissioner Plummer: Mr. Chairman, I would strongly suggest that this package which has
been put together... I personally think it's a little overboard as far as what we are trying to
accomplish. It should be forwarded to the Florida League of Cities to be incorporated with their
legislative program.
Vice Chairman Teele: Mister...
111 February 10, 1998
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, I would ask that this package be held open for... as a final
draft for one additional meeting. I recognize at the time... I really want to look at what the other
cities are doing in comparison, and the School Board, et cetera. I think one of the more
important issues relates to the Fire Rescue Fee, and I think one of the issues we need to
construct... I have had discussions with the speaker on, as a way to adjust the education formula,
to allow for reimbursement to school districts relating to this, and there is a receptiveness to it.
So, I mean, I think there are some subtle issues, that are very big ticket items that relate to other
government. I would also indicate that, I think it's a very good package and I realize we are
behind the power curve. I hope you would also get copies of the County legislative and the
School Board, and pass them out, so we can look. I know the School Board has always done an
outstanding job in their presentation of their package, and I would like to see what their package
looks like this year.
Ms. Cuervo: I do have the County's legislative package, and that was utilized to prepare this.
But, I do not have the School Board, so I will obtain that.
Vice Chairman Teele: I would hope that a part of this would be that the package be put together
in a way... Someone says, it's a little overboard. I think it's very heavy. But, too much. But, I
would think how it's presented is more... is just as important as what you have there. And,
nobody is going to, you know, read this the way it is. We have got to get some work from our
Public Information people, and make it acceptable.
Commissioner Plummer: One of the best times we ever were successful in Tallahassee, is that
we allocated five projects as priority out of whatever the number is. And, I think that that, if you
give to our lobbyists, five items that are the hard sell items that are needed by this City, is the
best way that we could travel. So, when this comes back, I would hope that we could settle on
five items. I don't mind putting them all in, but five of priority.
Vice Chairman Teele: I would also ask... I would like to associate myself with Commissioner
Plummer's remarks. I think we ought to ask the Manager to give us, five, not more than six,
with the Mayor's consultation. And, I would be specifically interested in the one or two items
that the Mayor feels are important, so that we are, you know, all working on the same sheet.
Because, a lot of times, you know, if we don't involve everybody, then we can wind up working
a little bit cross-purpose. So, I would be hopeful that also, next week you all could give us, what
the Mayor views is his one or two top priorities are, so that could be a part of that five or six
items.
Commissioner Plummer: Also, I would like to ask the question. When you are getting the
School Board's legislative package, it is my understanding the School Board has an allocation of
10 mils, just like the City and the County. And, that there millage is nowhere near the maximum
of their millage. And, I am wondering why they are concerned of the Fire Fee, if in fact, they
have a lot of millage left that they could access. Maybe, they just don't want to be bad guys and
assess taxes.
Vice Chairman Teele: The School Board millage, believe it or not, is controlled by the
legislature. And, they cannot appropriate money, under the state... What do they call it,
Equalization formula?
Commissioner Plummer: Correct.
Vice Chairman Teele: They cannot appropriate money more than the legislature authorizes them
to go for on the millage. If they appropriate more, then they lose formula money.
112 February 10, 1998
Commissioner Plummer: I understand that, but if they have the allocation and they could apply
to the state legislature for an additional amount for the City...
Vice Chairman Teele: Additional amount of money for the equalization.
Commissioner Plummer: That's... That's what I am saying.
Vice Chairman Teele: Yeah, you're right.
Commissioner Plummer: Let's move on.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
36. (A)APPROVE FUNDING GUSMAN THEATER THROUGH SEPTEMBER 31,
1998 -- FURTHER INSTRUCT CITY MANAGER TO SCHEDULE FOR
NEXT AGENDA OTHER FUNDING ASSISTANCE FOR GUSMAN
CENTER.
(B)COMMENTS REGARDING FUNDING GUSMAN CENTER FROM
OVERTOWN PARKING FUNDS.
Chairman Hernandez: Item 35. Funding status for the Gusman Theater.
Commissioner Plummer: Mr. Chairman, I have been pushing, and pushing, and trying, and
trying, and trying. Mr. Cook has done a tremendous job of trying to bring together all of what he
feels are the possible and potential sources to keep Gusman alive for the rest of this year. Once
we get by that, it will give us breathing room, to in fact, try to come up with some kind of a
realistic plan, not only of funding for the coming year, or years, but also a realistic plan of
expenses, and expenses, and expenses. Now, I am very pleased to tell you that he is going to go
ahead and allocate the money for the fire alarm which has to be immediately installed for safety,
and hopefully he will get his money back in the coming year, and I have pledged to him that I
will try and help him get that money back. And, I was pleased to hear that the Fire Department
is cooperating with you, in trying to bring that about to a very successful and a quick realization.
The monies that we are looking at right now, for the purposes, you want to say that, or you want
me to?
Mr. Clark Cook (Executive Director, Off -Street Parking): No, you go right ahead, sir.
Commissioner Plummer: Go right ahead, thank you. I am on the hook. Yeah. The monies that
we are looking at right now, are some from the Law Enforcement Trust Fund, which I have
spoken with the Chief to see if they can't put on a couple of programs in the Gusman Center, that
do in fact, address crime prevention which makes it legitimate of those funding for the Law
Enforcement Trust Fund. We are looking to MSEA (Miami Sports and Exhibition Authority) for
possibly some funding there, to put on programs. We are also looking for money from DDA
(Downtown Development Authority). All of those beautiful people in the downtown area who
continuously write letters, saying Gusman is very, very important. That in fact, there are monies
113 February 10, 1998
there that have not been allocated, and according to what we need to do is, adjust their budget to
allow them to make the monies available for the Gusman Center. What we can argue about is
the amount. The final area of funding was, Off -Street Parking Authority. And, as reluctant as
Mr. Cook is, and as tight wade as he is, he has agreed to see if we can't come up with money
from the Off -Street Parking, in some way, shape or form to address the funding for the rest of the
year. I want to thank, Mr. Cook, for what he's done so far. I think he will tell you now, exactly
what we need to fund for the rest of the year. I want to thank, Mr. Cook for what he's done so
far. I think he will tell you now, exactly what we need to fund for the rest of the year. Let me
also say, that we have indication from the DDA that will make funds available in the following
year for... for possible...
Commissioner Gort: I am not aware of that.
Commissioner Plummer: Well, you will be aware. You will learn to love it, don't worry about
it. That they would talk about the possibility of funds available in the coming year. Mr. Cook,
you take it from there, and let's see what we can... We are talking about until September the
31st, right?
Mr. Cook: That is correct.
Commissioner Plummer: OK.
Commissioner Regalado: Mr. Chairman, if I may? Just a brief... J. L., just a brief comment,
before Clark tells us what he believes he can do. I think that when we leave here, tonight, we
should have addressed and finalized this situation of Gusman. We should not and we cannot say,
well, let's say what we have on our minds, and then come back in the next meeting, because, I
mean, it's an embarrassment for this City to have the most historical piece of property in our
area, in this situation.
Commissioner Plummer: We need funding for five months, right?
Commissioner Regalado: I would hope that we can just finalize here, what we need to do. I
mean, we are talking one hundred and fifty thousand dollars ($150,000) for the operation. And, I
am sure that Clark or somebody could come up with some idea. I just hope that we can... we can
leave here with the good news that we have something to tell the people of Miami, that indeed
love Gusman, that we have a solution. Clark.
Mr. Cook: My name is Clark Cook. I am the Executive Director of the Miami Parking System.
And, Commissioner Regalado, I would like to thank you personally for talking to the Sports and
Exhibition Authority. I walked in the other day, and they informed me you had already called
them, and that was a big help. I would like... Commissioner Plummer, has pretty much outlined
my major presentation, in that, we have been out knocking on doors. I believe, standing here in
front of you today, that I will be able to accumulate enough funds using the various different
organizations that Commissioner Plummer mentioned and you have mentioned. That we could
meet our goal of one hundred and fifty thousand dollars ($150,000) and keep Gusman opened
this year. I have talked to my board, and have made a commitment to ask them to assist me with
this commitment, and they have... Mr. Hertz and Mrs. Delgado and the group have insisted that
they are going to support this theater, because this theater is extremely important. Mr. Bobby
Gusman, standing behind me has made a commitment from the Friends of Gusman, that what I
can't get out of the government entity, he is going to get out of the private entity, and we are
going to keep the theater opened. I will make this commitment to you. I need your help. I don't
need you to step back from me. I need you to keep calling and insisting that these groups such
as, Sports and Exhibition, and the Police Department cooperate and help us get these things
done, because, certainly, all they have got to do is shut me out, and I am dead. But, I believe,
based on the conversations I have had, that we can be successful. Thank you.
114 February 10, 1998
Commissioner Plummer: Mr. Manager, I would ask you at the next meeting to please ask the
following organizations to be present with a check book. Miami Police Department, MSEA
(Miami Sports and Exhibition Authority), Off-street Parking and DDA (Downtown Development
Authority). I am not asking anyone of them to pick up the entire tab. But, I think all four of
them need to put their shoulders to the wheel, if they truthfully, truthfully want to keep a
historical site in this community, they are going to have to do it, because there is no question that
the City of Miami cannot do it.
Mr. Cook: Commissioner, the only request that I would make of you, if I could get them to
make that commitment to me, if they don't have to come, maybe they will... maybe they'll
commit quicker.
Commissioner Plummer: Well...
Mr. Cook: I think, I believe that commitment will be made.
Commissioner Plummer: All right, if they don't, then let's invite them.
Mr. Cook: You got it.
Commissioner Plummer: If you got the commitment, then they don't need to be here, and we'll
cancel the item, but at least schedule it for the next Commission meeting.
Mr. Cook: Thank you.
Commissioner Regalado: So, what are we saying, it's, it's... Do we have the funds?
Commissioner Plummer: The four equities....
Mr. Cook: We are going to...
Commissioner Plummer: ... that we have named, hopefully, will put their shoulder to the
wheel...
Commissioner Regalado: J.L., the Chairman of the DDA just said that he didn't know.
Commissioner Gort, said that he didn't know. And, I just wanted to ask whether DDA has some
money. I was told that the DDA had some money sitting in the bank that they could not use,
eighty thousand dollars ($80,000), something like that.
Mr. Cook: I don't mean to speak for DDA, I just want to quickly say that DDA has not
promised me any money this year, they made a commitment to look at next year, but they made
no actual commitment. But, I am meeting with the DDA board, Friday morning at eight thirty,
and I'll get my shot. DDA may not be able to come through with major funds this year, maybe
they can help next year or the year after. But, they are all pushing together. I don't want to nail
in anyone of them right now, we are in that position where we are talking to each other. I am
convinced standing here in front of you, that I can raise one hundred and fifty thousand out of
those three groups, including Miami Parking System, Commissioner. Give me a chance to do
that. The County has been very cooperative...
Commissioner Plummer: All right, let me do it a different way. You're ready? I make a motion
at this time we instruct the Manager that the policy of this Commission is, we want it to be kept
open. And, we leave it to the great discretion of our City Manager to find the necessary funds to
accomplish what is the request of this City Commission. I so move.
115 February 10, 1998
Commissioner Regalado: Second.
Chairman Hernandez: There is a motion and a second. Under discussion. Mr. Cook.
Mr. Cook: Yes, sir.
Chairman Hernandez: I have been discussing this item with you for a while, and you know
where I stand. The issue that I have spoken to the Manager about is the issue of the monies the
County holds, I believe it's about three point eight million dollars ($3,800,000)?
Mr. Cook: That's correct.
Chairman Hernandez: Where... where do we lie to tap into that money? And, I think this is the
real source of money we should tap into to continue...
Mr. Cook: Absolutely. And, the Manager met with myself, Parker Thompson and...
Mr. Garcia -Pedrosa: Michael Spring.
Mr. Cook: ... Michael Spring. Excuse me. I went blank again, when I was trying to remember
that. Michael Spring. Michael is doing some numbers and studies, and information for me. The
Manager feels very strongly. He would like to se us get it... this year, he was very clear. I
believe that we have got an opportunity. I know dern well that money is available to us after the
1st... after October 1. I promise you that I will stay very close on that. I promised the Manager a
report within this month, explaining what I thought what the costs were, my recommendations
on which way the system went where... from... Whether the cost should stay with the City or the
County, etcetera. Those... that information will be provided this month. But, I share your belief
that we need to get our hands on that three point eight million dollars ($3,800,000). We earned
it, very hard, with a very fine report. My understanding is, the bonds have not been sold to do
so, but I will follow-up with the City Manager on that very quickly,.
Commissioner Plummer: And, I tell you what, try to get some out of Bayfront Park.
Chairman Hernandez: Do you want to speak on that?
Vice Chairman Teele: yeah.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Who is the gentleman?
Chairman Hernandez: I don't know.
Mr. Arturo Campa: My name is Arturo Campa, I am the president of CAC Entertainment,
producer of the Miami Latin Jazz Festival for the benefit of Gusman Center for the last two
years. I am not a politicianer or a very famous face around this town, but I am a resident of
Dade County, and the Greater Miami area since 1959. And, without the authorization of the
Friends of Gusman, or their knowledge for that matter, that I was going to be here today, I just
read in the paper that this was going to take place today, and I felt it my obligation to be here,
being that I have a vested interest in the matter of time, effort and money. And, my real reason
for being here, is to publicly expose the idea or concept that I have to help the issue of how to
fund Gusman. I came to the Friends of Gusman two years ago, approximately, with the concept
that we could hold a festival, that is, of Latin Jazz music which is very famous and very well
116 February 10, 1998
liked all over the world, especially in countries where we get most of our tourism, Germany,
Japan, etcetera, etcetera. And...
Commissioner Gort: He's out of place here.
Commissioner Plummer: Eh?
Commissioner Gort: That's out of place here.
Commissioner Plummer: I agree.
Mr. Campa: ... use that as a venue to benefit the Gusman Center. If we could only be successful
in filling the theater in one year and have the participation of some of the private sector, we
would be in the position at the average ticket price to fulfill just about a third of that amount of
money needed. I am talking about a target amount of forty thousand dollars ($40,000). That is a
fact. That is the numbers. And, I see some of you here shaking your heads, like saying, well,
who is this guy, you know. The fact of the matter is...
Chairman Hernandez: No, let me tell you what the situation is.
Vice Chairman Teele: No, no, let me tell you...
Chairman Hernandez: Go ahead, Vice Chairman Teele.
Vice Chairman Teele: No, the situation at this point is trying to make a policy decision on
whether or not we are going to keep Gusman open? Are we going to walk away? Are we going
to find some funding sources?
Mr. Campa: I understand.
Vice Chairman Teele: Now, if we keep it open, then your venue would be to go to the Friends of
Gusman and the Off-street Parking and make your presentation. We care about Gusman, we
have a responsibility, but we don't do programming at all, for Gusman.
Mr. Campa: Commissioner, I have a contract with the Friends of Gusman for the next five
years. Three more years to expire. That is a fact, that it's there.
Vice Chairman Teele: Then, why don't you let us see if we are going to keep it open or close it.
If we keep it open, then you are going to have an opportunity to work with them to implement...
Mr. Campa: Well...
Commissioner Regalado: I would just...
Mr. Campa: ... I am glad that you took the position that that is taken for granted. I was, you
know, trying to address the issue of cooperation on all the parts. I am talking about the political
sector as well as the private sector, as well as the venue that is in place to conduct this affair.
Vice Chairman Teele: Yeah, but that's the point. We are not dealing with the venue or the
activities that go on in the venue. We are trying to deal right now with the policy question, as to
whether or not we are going to continue the venue, and what instructions the operators of
Gusman to move forward. And, if I may, on the motion? There is only one motion only, and
that is, to instruct the Manager to work with, Mr. Cook...
117 February 10, 1998
Mr. Cook: Right.
Vice Chairman Teele: ... to keep Gusman open. And, I have an objection to that motion as
stated, or at least a concern. The last time this motion was made, Commissioner Plummer...
Commissioner Plummer: I am... I'm listening.
Vice Chairman Teele: ... the Manager, Mr. Odio, then set about an absolute, and I don't want to
use the word "rate." But, what the City Manager did, was the most disgusting thing that I have
found, since I have sat here. They literally went into Overtown, which is the poorest of the
poorest CD (Community Development) areas, and took all of the money generated by parking in
Overtown and directed it to Gusman. Now, a million dollars ($1,000,000) of money,
approximately one million dollars ($1,000,000) which Mr. Cook, and his fine organization took,
which in any terminology really would be just misappropriated. There was no resolution, there
was no direction, there was no authorization, other than a naked motion for the Manager to do
whatever is necessary to keep Gusman open. Now, Mr. Cook, I want to be very clear, you all
did take that money from Overtown, right? From the parking?
Mr. Cook: We took the money from the parking, from the parking lots addressed to the Arena.
We were instructed to, by the City Manager. That's correct.
Vice Chairman Teele: And, you don't intend to pay it back? Is that right?
Mr. Cook: No, sir. It went for the operation of Gusman.
Vice Chairman Teele: Well, I want to be on the record. My objection to the Off-street Parking
Board, and to you, and to everybody in the process is, I think that was an unconscionable act.
You have a CRA that is broke. You have poor people over there that are looking for jobs. And,
yet and still, you take the money from the poorest of the poor. And, then you all come back to
me and say, well, we were instructed by the Manager. And, the motion was simply, and I went
and got a copy of the motion. It was a motion, the same motion...
Mr. Cook: You are correct.
Vice Chairman Teele: ... to take the money from whatever source necessary to keep Gusman
open. Now, I want to be very clear. In voting for this motion, I do not want you to take it from
any area, not Allapattah, not Wynwood. I don't want you to cancel the contract in Little Havana
or something, and... Because, I think what we'll wind up doing is pitting area against area.
And, it's most unfortunate, because I must tell you, I don't feel good about Off -Street Parking,
and I don't feel good about this process, because you all had no business taking that million
dollars like that. Now, Mr. Cook, I realize you are just a good soldier, and you know, your
position is, you all don't have the money. I happen to think you all have the money to make it
hold. But, I am going to support Commissioner Plummer's motion, with the understanding that
you will not repeat those kinds of actions of taking it from some poor community, and just
literally leaving these people without an avenue. Now, that's what happened. Mr. Cook, am I
correct?
Mr. Cook: You are correct.
Commissioner Plummer: I think you are wrong on the amount. I don't think it was a million
dollars ($1,000,000).
Mr. Cook: It... But, it was right up... Over a long period of time, it was million...
118 February 10, 1998
Commissioner Plummer: More than one year?
Mr. Cook: Oh, yeah. Oh, yeah.
Commissioner Plummer: Oh, oh, OK. All right.
Mr. Cook: This was... This was a... the last time this problem came up, so to speak, a long
time. Commissioner Teele is absolutely correct. And, he and I have talked about this, and he
knows my feelings on it. We did not ask for anything. We simply said we got to have help, and
the City Manager came up with his answer.
Vice Chairman Teele: And, I really got to tell you, what really bothers me....
Mr. Cook: Commissioner Teele, I assure you... Commissioner, I can assure you, that I haven't
asked anything...
Vice Chairman Teele: What really bothers me, Mr. Cook, is not only did your board go along
with it but organizations like the Miami Herald and the Miami Herald Editorial Board refused to
deal with these kinds of problems in this community, and it's not right. And, everybody gets
blamed. That is an unfair action, and you know it's unfair, I know it's unfair, and everybody that
looks at it knows that it's unfair. And, I have raised this issue with the Editorial Board
repeatedly, that these are the kinds of things that government does that's just not fair and it
maintains poverty. It maintains the kind of economic deprivation and more than anything else, it
pits people against people. There is no reason that African -Americans should be pitted against
culture.
Mr. Cook: Absolutely, not.
Vice Chairman Teele: No reason at all. And, has the Gusman given anybody in the African -
American community free entertainment or an opportunity to have that venue? They pay just
like everybody else. And, somebody has got to say, this isn't right. And, Mr. Manager, I
apologize to you, I apologize to the public. But, this is not right, and I don't want this kind of act
repeated under a bland motion that sounds real good, but it really has a really very depriving
effect. And, I know that Commissioner Plummer didn't mean it this way, and I apologize to
you, Commissioner Plummer, if it's being taken that way, but, I want you to know what the fact
is. One million dollars ($1,000,000) got raided out of the Overtown Parking. You know, for
the...
Commissioner Plummer: The Arena, yeah.
Vice Chairman Teele: ... Miami Heat and all those games, the Arena, and nobody wants to pay
it back.
Commissioner Plummer: OK, I think, Mr. Cook, you've had the consensus of the feeling of this
Commission.
Mr. Cook: I certainly do.
Commissioner Plummer: I would hope that you would be able to come back within the next 30,
almost 30 days. Because, April 1, we are...
Mr. Cook: Commissioner, I am confident that I can do that.
Commissioner Plummer: OK. So, I wish you well. Go down and knock on Mr. Gort's door,
and other doors...
119 February 10, 1998
Mr. Cook: Yes, sir.
Commissioner Plummer: ... and let's proceed.
Mr. Cook: Thank you.
Mr. Campa: Well, I would like to thank the Commission for the opportunity to address the...
even though my point, I don't think it was well taken in this matter. In fact, it was overlooked
somewhat, in my opinion...
Commissioner Regalado: Mister, mister...
Commissioner Gort: Sir, it was not overlooked, at all.
Mr. Campa: And, I... OK.
Commissioner Gort: My understanding is, the public sector has done what needs to be done.
It's up to the private sector to come up with a plan, and tell them how you are finance it.
Mr. Campa: I have a plan, and I just wanted to expose it, publicly, that's all.
Commissioner Gort: Well, your plan... See, what Commissioner... What Vice Chairman Teele
was trying to tell you is, that plan is not properly presented in here, it should go to the Friends of
Gusman and present it to them.
Mr. Campa: Uh-huh.
Commissioner Regalado: Yeah, but, if I may? What, Mr. Campa said, because I was at his Jazz
Festival. And, if people dedicated like him will make the Gusman their home for their activities,
every week, we won't have this kind of problem.
Mr. Campa: That's exactly what I am saying.
Commissioner Regalado: Mr. Campa, works throughout the year to bring the best of the best
from every country. And, I saw there, people from Brazil. People from Germany...
Mr. Campa: Panana.
Commissioner Regalado: ... People from Spain. And, you know, what this guy did, without the
help of the City, mind you, because we couldn't give him money, and we should, whenever we
have. But, what he did, it's important, and we should bring people like him to Gusman, and we
should tell the management of Gusman that they could ...
Commissioner Gort: Tomas, Tomas, what we have been saying...
Commissioner Regalado: No, no. I know what you are saying, Willy. But, I am saying... what
I am saying is that we, should have some kind input in telling the management of Gusman of
listening to people like him who really want to do good for the theater.
Commissioner Gort: Tomas, my understanding is, when I was Chairman of the Off-street
Parking, we welcome all these individuals to come to us with a plan. As a matter of fact, we
were looking for individuals that could come back and give us a whole year of promotions and
events to take place, and we will work with them. That's all I am saying. This is what we have
been looking for, for a long time.
120 February 10, 1998
Mr. Campa: Mr. Gort, if I may interrupt you? The plan is in place. What I am asking here, and
what I am here before this Commission is, to actually... It's not only about talking, it's about
doing. And, I feel that I have done my share, quite a bit of... And, on top of that, my plan is a
viable plan, that if it works it will surfice to one third of the needed funds to maintain the
Gusman open. I am not benefiting personally from this plan. Eighty percent of the receipts, 80
percent of the receipts will go towards the maintenance of Gusman being open. I am only
interested in the artistic, from my community point of view. And, by the way, when I say, my
community, that's not necessarily, specify Latin community because the attendees were across
the board from all parts of the community. And, obviously, from just looking at me, you can tell
that I am not exclusive. On the contrary, I am exclusively, inclusive. And, in... what I am trying
to tell you is, that it is here that I openly invite you all to partake, including you, sir. And, thank
you very much for your attention.
Chairman Hernandez: Thank you very, much.
Vice Chairman Teele: Thank you.
Chairman Hernandez: What was the motion, again?
Commissioner Plummer: The motion is, to ask the Manager that this Commission created a
policy, that we would like to see Gusman to be successful until September 30th of this year, 31st.
And, that he come back to this Commission working with, Mr. Cook, and telling us how he can
accomplish it, keeping in mind, Mr. Teele's ideas and thoughts. And, let's see if we can't bring
it back to a reality, which I think it's possible to do.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): I suggest that be carried as a resolution, sir.
Commissioner Plummer: What?
Mr. Maxwell: It be adopted as a resolution.
Commissioner Plummer: Adopted, I so move.
Vice Chairman Teele: Second the motion.
Chairman Hernandez: Motion by Commissioner Plummer, seconded by Vice Chairman Teele.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-170
A MOTION INSTRUCTING THE CITY MANAGER THAT IT IS THE POLICY OF
THE CITY COMMISSION TO FUND GUSMAN CENTER FOR THE PERFORMING
ARTS THROUGH SEPTEMBER 30, 1998, IN ORDER THAT IT MAY BE KEPT
OPEN.
121 February 10, 1998
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
37. GENERAL COMMENTS ON SALARY AND BENEFITS FOR
EXECUTIVES -- APPROVE CATEGORY I BENEFITS FOR CITY
MANAGER / CITY ATTORNEY / CITY CLERK -- FURTHER APPROVE
SEVERANCE PAY FOR CITY MANAGER -- SEE LABEL 56.
Chairman Hernandez: Item 36. Discussion concerning salaries and benefits in other
jurisdictions.
Commissioner Plummer: Well, where are we with that? Thirty-six, Mr. Manager.
Mr. Jose Garcia -Pedrosa (City Manager): This is a discussion concerning benefits. There have
been some additional changes made, discussions between my staff and...
Commissioner Regalado: Are we discussing...? Excuse me. Thirty-six or 36-A?
Chairman Hernandez: Thirty-six. Thirty-six.
Commissioner Plummer: I guess they go together, don't they?
Commissioner Regalado: Well, I don't know if they do, but I just... Mr. Chairman, I brought...
I tried to bring this issue because it is important that we send a clear message to all the
employees, all the residents of Miami that it was the will of this Commission of hiring this City
Manager and it has been now, two months or more than that I guess, and we haven't decided on
the package that the City Manager will receive. When the former Manager - Ed Marquez was
here now - was appointed by this Commission, we made a decision on his compensation package
and it was approved. Some of the members had a something... a lot to say, but finally it was
approved. And, I think it's about time that we decide on the City Manager's compensation
package.
Commissioner Plummer: Is there anybody taking it on themselves to produce a document which
we can work from?
Mr. Garcia -Pedrosa: Yes, sir. You have it on 36-A, and it's in the form of a contract, but it
could easily be retyped in the form of a resolution, if that's what you prefer to do.
Commissioner Plummer: Do I see a copy of it?
122 February 10, 1998
Mr. Garcia -Pedrosa: It's in your booklet. It should be in 36-A.
Commissioner Regalado: This is more or less of what Mr. Marquez had or...?
Mr. Garcia -Pedrosa: No, sir. Because, this takes into account the desire or policy or whichever
of capping my compensation at ninety-six thousand dollars ($96,000) as I understood it. Mr.
Marquez's compensation was substantially in excess of that at one hundred and thirty-nine or
something thousand dollar range. So, in that respect, it is obviously substantially less. It does
have other pieces that are a little bit better and basically conforms with an agreement subject of
course, to your agreement, that the Mayor and I had made prior to my accepting the... his
appointment and seeking your ratification.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, there have been... This issue has come before the
Commission since I have been here on three separate occasions. Once with reference to Mayor
Suarez, once with reference to I guess Mr. Ruder, and twice now as it relates to Mr. Garcia -
Pedrosa. As a result, I undertook with the Manager's staff... the Manager specifically chose not
to be directly involved in what I believe to be a more comprehensive approach to the situation.
What I would ask is that you look at the document that is entitled "City of Miami's Incumbent
by Category," and I would ask that we approve the benefit package as contained in here under
Category One, effective immediately for the Manager. And, with the further caveat that
Categories one, two, three, four and five, would be reviewed by the Manager and his staff and
put in resolution form not to exceed 60 days from now. And, that we move forward
immediately, I am sorry, with a program related to the City Manager, the City Attorney and the
City Clerk. The rest of the package as amended would be adopted effective October 1, with a
series of caveats. And, I would like to, first of all, indicate to you that in my judgment, virtually
everything that the Manager is seeking in his agreement which is drafted I believe, by his
attorney, is contained in the proposed Category One, and with the language meaning same or
same referring to all persons in that category. Specifically, as it relates to the Commission, there
would be no change in any benefits for Commissioners until October 1, when the rest of the City
staff would be involved. This comprehensive package contains among other things, basically a
program that would involve some 341 persons and in many ways, it just repeats what many
people have. I think what's really important is whether or not this Commission wants to adopt
the policy, number one, of limiting the Manager and the persons under our jurisdiction to ninety
thousand... ninety-nine thousand dollars ($99,000) a year, or some amount. I think now, ninety-
six to ninety-nine thousand. I have said repeatedly that I don't necessarily agree with the policy,
but I think the Mayor was elected on a campaign pledge and that he has set that as a standard.
His negotiations with Mr. Garcia -Pedrosa included that and I believe that we need to be careful
that we don't allow form shopping in this context. I note that the union representatives are
leaning forward eagerly trying to figure out what all this means. But, what it really means is,
that we are making a commitment to technology and education and training as we have
continued to talk about. The basic program would allow that the City Manager, the City
Attorney and the City Clerk be treated relatively equal as it relates to benefits. Salaries,
however, are another matter. But, I think it's important that we adopt something as it relates to
the City Attorney, because we are going to have to deal with this issue again, and it doesn't make
sense to keep dealing with the same issue time and after time after time. So, I am in favor of
adopting a standardized benefit package that basically relates to the persons contained in
Category One, among those provisions are insurance policies of about two times the salary or
approximately one hundred and seventy-five thousand dollars ($175,000) for all persons in the
category. It also contains various items specifically related to technology, such as fax machines,
123 February 10, 1998
computers and technology. It should be stated for the record... Also, one important thing, is that
everyone in this category would be entitled to a biannual physical, including stress tests,
something that is currently not being done. It's important to note that the Commission, although
you are in this package, would not receive any of the benefits that relate to salary or
compensation, specifically as it relates to leave, sick time, vacation time. Specifically, you will
not receive disability insurance or deferred compensation. Commissioners specifically,
Commissioners will not receive an annual budget bonus. And, I think a very important provision
in here, is the annual bonus which could be awarded not to exceed 25 percent of the salary, for
all of the people in that category. Commissioners, would not be eligible to receive, but even if
you would, you would be talking about one thousand dollars ($1,000)...
Commissioner Plummer: Yeah.
Vice Chairman Teele: ... but you are not eligible for that.
Vice Chairman Teele: It's a departure in a way, because what it does is, it provides an incentive
and it forces the Commission to evaluate the City Clerk, the City Attorney and the City Manager
annually. This would force an annual evaluation, because it would require that you make a
decision relating to whether or not they are entitled to any type of bonus on an annual basis.
And, the obvious advantage of bonuses as opposed to salary is that...
Commissioner Plummer: It don't accumulate.
Vice Chairman Teele: ... it doesn't accumulate. It hurts the person as it relates to their
retirement, obviously. But, it also has the effect of not dragging up the pay scale. Now, what is
not addressed in here...
Commissioner Plummer: Or the fringe package.
Vice Chairman Teele: ... that should be on the record is as follows. I propose, number one, that
all persons that have current benefits, that those benefits be recorded and made a part of the
record within the next five days. Because, I would propose that we grandfather everybody in
that has a benefit at this current level. I am talking now about, say the Police Chief or the Fire
Chief, all these people that have various benefit packages. And, that on October 1, they would
have to decide whether they are going to come under this plan or they are going to continue their
grandfathering. Of course, the Manager is going to be free to make salary adjustments based
upon what he deems to be appropriate and that is the most sensitive issue. Because, right now,
you are going to have approximately what, Mr. Manager? Eight or nine, ten people making
more money than you...
Mr. Pedrosa -Garcia: Twelve.
Vice Chairman Teele: ... on a salary basis. See, he knows the number. And, that's something
the Manager is going to have to deal with that I don't propose that we deal with. Another feature
of this proposal that I am going to be urging the Commission to consider is that anyone who is in
the category that's contained here, be downgraded one category if they do not live in the City of
Miami. I think this Commission is doing the wrong thing when we incentivize people to live
outside of the City. And, I also think that we should provide a one time salary... a one time
moving allowance to any City employee who wants to move in the City that's under this. Mr.
Manager, we honored people today who were damaged... who were hurt. But, I want you to
know that none of those people live in the City of Miami.
Commissioner Regalado: One.
124 February 10, 1998
Vice Chairman Teele: One of the six?
Commissioner Regalado: One. One.
Vice Chairman Teele: One of the six. I want you to know that we are hiring people all over this
place at sixty, seventy thousand dollars ($70,000), and I would be willing to bet professionally, a
dollar ($1), Mr. Manager, that 50 percent of the people in this City who make over seventy
thousand dollars ($70,000) a year, do not live in the City. And, the problem that we have, and I
know this Commission has dealt with this a lot of times, is you cannot force somebody to move
into the City. And, I don't think we should, but I don't think we should provide a benefit
package that incentivizes people to be out of the City. I think our incentives should be that you
live in the City. And, I know the Clerk is now looking real hard at me, but that's just the way it
is. Our top staff does not live in this City, and that's one of the reasons that we are in such
financial trouble. Because, we get our revenues based upon the tax base. We have got to look at
ways to incentivize people to move in the City of Miami, and if they don't want to, fine. I am
not proposing to take any money away from anybody. But, I am proposing that if we adopt a
benefit program, that quite frankly is an enhanced benefit program from basically what most of
the employees have, the incentive should be to be in the City and not out of the City. And, I
know, that I just moved from where I lived into a district office, into a district home in the Little
Haiti area and I know how traumatic it is on a family and all that. But, I am just here to tell you,
if the five Board of Directors have to live in the City, then I think we ought to provide an
incentive for every employee to live in the City and if you choose not to, that's your personal
business. But, I don't think we ought to reward people to live outside of the City. And, so I put
this on the table. I would ask that we approve the Category One, as it relates to the Manager, the
Attorney and the Clerk at this time, and further that no other person receive benefits under this
plan until it has been adopted by... studied further by the Manager, it is adopted. It obviously
will be dependent on the financing and the budget scenario of the City, but I think with one
exception, Mr. Manager. I think with one exception, this basically meets everything that you
have in your letter.
Commissioner Regalado: OK, if I may, Mr. Manager, just to add something? I don't see on
this... Is it an agreement? I don't see an agreement, a severance payment, and I would think that
this should be part of the agreement, because it brings stability to the position. Do we have it in
the agreement?
Commissioner Plummer: What do you call an agreement? Are you talking about a contract?
Commissioner Regalado: Well, it's here. It's what...
Vice Chairman Teele: I am not moving the agreement.
Commissioner Regalado: No, OK...
Commissioner Plummer: And, I'm not voting for a contract.
Commissioner Regalado: Absolutely. But, Vice Chairman Teele is proposing a package, and I
am saying that we should include in that package that the Vice Chairman is proposing, a
severance... one year severance pay. And, the reason is that this will bring stability to the
position.
Commissioner Plummer: Why?
Commissioner Regalado: Why? Because...
125 February 10, 1998
Commissioner Plummer:
You mean, because you get kicked out of the door, you get something
that's an incentive.
Commissioner Regalado:
That's right. That's right.
Commissioner Plummer:
Does that mean, don't get kicked out the door?
Commissioner Regalado:
No, it means... It means that whatever political situation is in the City,
we are sending a message that we want that person in that position. It's the same thing that we
did with the past Manager. It's the same thing.
Commissioner Plummer:
Well, excuse me. Just for the record.
Commissioner Regalado:
I mean, we did. You didn't.
Commissioner Plummer:
I did not.
Commissioner Regalado:
OK, I did.
Commissioner Plummer:
OK, so, you know, my feelings are different. But, to me, if you want
to give an incentive, it's not in the severance pay. An incentive is more reason to stay.
Vice Chairman Teele: To stay.
Commissioner Regalado:
Absolutely.
Commissioner Plummer: And, to me, the best job security is a job well done. And, to me, that's
the contract that should be binding. And, what I mean, binding is, you do a good job, we are
going to keep you. You don't do a good job... Because I asked him the day he came in, did he
understand that he serves at the subject of the will of this Commission? His answer was "yes."
Commissioner Regalado: Well, my question... Mr. City Attorney, is that... is that the right
situation for the City Manager?
Mr. Maxwell: The City Manager now serves at the pleasure of the City...
Commissioner Plummer: Absolutely.
Mr. Maxwell: ... of the Mayor, of course.
Commissioner Plummer: Of the Mayor?
Mr. Maxwell: The Mayor.
Commissioner Plummer: The City Commission can remove him.
Mr. Maxwell: Well, the City Commission can remove him with four -fifths vote. So... But, he
first serves at the pleasure of the Mayor.
Commissioner Plummer: Uh-huh, well, that depends on how the wind is blowing.
Commissioner Regalado: Because, the City Commission can retain the...
Mr. Maxwell: You can override the Mayor if he attempts to remove...
126 February 10, 1998
Commissioner Plummer: Of course, four -fifths vote. Anytime.
Commissioner Regalado: Well, then... then I don't see why not we should not have that
mechanism of guarantee of one year severance pay. I mean...
Commissioner Plummer: Because it's a hell of a lot of money.
Commissioner Regalado: It is.
Mr. Garcia -Pedrosa: Well, let me address that, if I might. And, Mr. Vice Mayor, I would like
for you to respectfully to listen to this closely because... I think everybody knows that I didn't
come here to make money, and that even if you approve this package, I probably have given up
some money. Having said that, it would... I think, be unfair to hold me to my... the portion of
my agreement with the Mayor, which limits my compensation and I agreed with some of the
comments you made publicly, artificially low, and we gave you the comparison. Mr. Plummer,
we did the work that... My staff did the work, and I want to commend them, that the outside
auditors wanted to charge us...
Commissioner Plummer: For thirty thousand dollars ($30,000). Yes.
Mr. Garcia -Pedrosa: Yes, sir. Yes, we did it in-house.
Commissioner Plummer: That could be your severance, but go ahead.
Mr. Garcia -Pedrosa: But, we showed you in the results of that survey, that at ninety-six
thousand dollars ($96,000),1 am the lowest paid City Manager on the chart.
Commissioner Plummer: And, that's ridiculous.
Mr. Garcia -Pedrosa: Now... and this is the largest City in the State of Florida. I remind you that
Jacksonville is not a City, it is the UNIGOV which is a combination of City and County. So, to
hold me to the deleterious portion of my agreement with the Mayor, that is to say the portion that
inhibits artificially the compensation, and yet, not hold me to it and not give me the benefit of
the other features of it, such as the one year severance that Commissioner Regalado is talking
about. And, such as the other elements which I think by and large are captured in the Vice
Mayor's... the Vice Chairman's proposal, would kind of be... I don't think would be equitable in
the sense that we either take the benefit of both or the detriment of both, but not a combination
thereof. The other point I would urge you to consider is, I have two Assistant City Managers and
a Special Assistant that I want to retain shortly, and like me, they have been awaiting your
disposition of these benefits.
Commissioner Plummer: We want to keep them nervous.
Mr. Garcia -Pedrosa: I want to be, I think you will always find that I like to stick up for my staff
and I will urge you not to leave them "nervous" to use your word, Commissioner Plummer, for
much longer out of fairness to them.
Commissioner Plummer: Let me... Let me make a comment. You know, you made your
agreement with the Mayor, but the Mayor is not voting on it, we are. And, you should have
made your agreement with us, I guess. But, I'll pass that up. I have no problem with severance,
if severance is not for cause.
Mr. Garcia -Pedrosa: Oh, that reads the way it is written.
127 February 10, 1998
Commissioner Plummer: If severance for cause, that's a different story.
Mr. Garcia -Pedrosa: No, no, sir. That's the way it reads.
Commissioner Plummer: OK. I think the only thing we are really arguing about now, is how
much. Is it six months? Is it a year? Or it's nothing. And, that's what I would like to think
about. The rest of the package I think is fine. And, I have to put on the record, I think that it is
wrong that our City Manager should carry the stigmatism (sic) that there are twelve people in
this City that are making more money than he is. I think that's wrong. I mean, we should be
proud that our City Manager is doing the job that we want him to do and he is compensated
properly for that amount of money. I think it is just really artificial, I think it's misleading that in
fact, you hold him to ninety-six thousand dollars ($96,000) and then you give him a package on
the other side of the coin that brings him up to what it was if it would have been in the... I like to
do things straightforward, OK. I think that we ought to pay him what he's worth. I think that he
is entitled to it. What he wants to do with his money, if he wants to put it in a 401 or he wants to
put it in something else, then let him do it as he sees fit. But, I think that anything short of the
actual compensation that he is entitled to is wrong. And, that's just my thoughts.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman.
Vice Chairman Teele: I have said repeatedly, I agree with the statement that Commission
Plummer is making. But, I don't agree with it as it applies to our very distinguished and very
hard working Manager. A deal is a deal. And, I don't think any Manager...
Commissioner Plummer: He didn't make a deal with me.
Vice Chairman Teele: ... should be negotiating with all five Commissioners. I think it's very
important, Commissioners, that we understand that the Charter has been changed. And, one of
the reasons the Charter has changed is, to do business in any of these cities, you got to go
running around to five Commissioners, nine Commissioners, fifteen Commissioners. One of the
reasons to have an Executive Mayor is to allow for the Executive Mayor to be the lead and to
make basic agreements. Now, if we don't agree with what the Mayor negotiated...
Commissioner Plummer: And, we do it our way.
Vice Chairman Teele: ... we should have rejected that when we hired the Manager. But, the
Manager and the Mayor formed an agreement. This Mayor has basically gone all over the
community voting for... running on election saying that he will not have people making over one
hundred thousand dollars ($100,000) a year, and I have got to tell you, I think, with all due
respect to the Manager. I think the Manager is putting the Mayor right in the cross hairs now.
Because if this Commission decides now to become again the Mayor, as we used to be before a
Mayor -Commission form of government and we now vote to pay him what I believe him to be
worth, which is well in excess of one hundred and thirty, one hundred and forty thousand dollars
($140,000) a year, given the political climate, given the reality of what's going on all over this
City, it looks like now that we are all trying to cut a deal before an election. It's going to smell
like stink. And, it's not going to play well with the public. It's going to be subject to a lot of
misinterpretation. If I were the Mayor, I would veto it, and pray that you overrode me and play
those kind of games. If, Mr. Garcia -Pedrosa had not sat down with the Mayor and negotiated a
package which is comprehended and contemplated in this agreement. Everything that he agreed
to with the Mayor is on the table now. We have not left anything off. If he had not done that, I
would be with you, J.L. But, the one thing that the Executive -Mayor form of government is
128 February 10, 1998
intended to do, is to stop people from negotiating with four and five Commissioners up and
down the line. Now, a deal is a deal. And, I believe that if the Manager agreed to that, to a
ninety-six thousand dollar ($96,000) a year salary, which he agreed to, then the Manager ought
to come forth and say, Commissioners, please don't put me in this position because I am going
to put the Mayor in a bad position. Because, I am going to tell you right now, it's going to play
very poorly out there in the community on the eve of court trials going on and it's going to
become a major political opportunity for whoever wants to be Mayor and whoever is Mayor. So,
all that I would ask you to do is I would be willing to move the items as it relates to Category
One and Two, to address the Manager's issue related to the Assistant Managers. I see the
Mayor's Chief -of -Staff in here. I assume, if I may, Mr. Chairman? Mr. Chief -of -Staff, if you
would come up. Are you being paid an executive benefit package? I mean, it's fine for the
Manager to be concerned about his staff, but we have got a lot of people around here, and I think
one of the things that we have got to do is, make sure that everybody gets taken care of when we
take these issues up. And, I don't particularly like you, and you don't particularly like me, but I
am going to be fair to you.
Mr. George Alvarez (Chief-of-Staft): That's not true, Mr. Vice Chairman. My name is George
Alvarez, I am the Mayor's Chief -of -Staff. And, currently it's a salary only with no benefits.
Vice Chairman Teele: So, you have no benefits?
Mr. Alvarez: Yes, sir.
Vice Chairman Teele: And, yet in any City, the Mayor's Chief -of -Staff would be, you know,
right up their with the Assistant Manager. So, I mean, it's contained in Category Two of my
plan and if we are going to move the Assistant Managers, then I would say move all of Category
Two.
Commissioner Plummer: But, I thought we were only speaking to Category One today?
Vice Chairman Teele: Well, I was, but the Manager said, "I want to take care of my Assistant
Managers" and he has a point.
Commissioner Plummer: Well, I have another point. Your concern maybe is a valid point about
the court trial going on. Let's just defer it until it's over, and then there will be no criticism to be
made.
Vice Chairman Teele: But, I don't think the issue is to defer it.
Commissioner Regalado: No.
Vice Chairman Teele: I think the issue here is, do we want to approve an executive benefit plan
based upon the salary level that the Manager agreed on? If you are going to change the salary
level, then I certainly would not be in support of this benefit plan.
Commissioner Plummer: Mr. Manager...
Vice Chairman Teele: Because this salary... This benefit plan equates where the Manager was
on Miami Beach at approximately one hundred and fifty to one hundred and sixty thousand...
Commissioner Plummer: Exactly.
Vice Chairman Teele: ... dollars ($160,000).
129 February 10, 1998
Chairman Hernandez: Vice Chairman Teele, can I ask you a question?
Commissioner Plummer: Call it by any name, it's the same.
Chairman Hernandez: What the exception between your plan and his plan, again? There was
one exception.
Vice Chairman Teele: One exception, the... There are two exceptions. One would be paying
him the salary of one hundred and forty thousand or so. He didn't say a number, but I think it's
widely accepted that the Mayor, the Managers of most cities are... What is the Manager of Coral
Gables making? What were you making in Miami Beach?
Mr. Garcia -Pedrosa: One hundred and forty-six and change in salary.
Vice Chairman Teele: OK, so one hundred and fifty thousand...
Mr. Garcia -Pedrosa: But, I want to make it clear, Vice Mayor, because... Vice Chairman,
because I hope I didn't misspeak. I support what I agreed to with the Mayor and I hope that's
clear that I agreed to ninety-six thousand dollars ($96,000). And, I would like to be paid as a
matter of... if nothing else, of honor, what I agreed to with the Mayor.
Vice Chairman Teele: So, the only issue of dispute is the severance package?
Mr. Garcia -Pedrosa: Well, your Category One, if it is to be applied to me as indicated on this
document without reduction would be a comparable category, yes. Except for the one year
severance provision.
Chairman Hernandez: Vice Chairman, can...?
Vice Chairman Teele: The only difference would be the one year severance pay.
Chairman Hernandez: Right.
Mr. Garcia -Pedrosa: And, I would assume that some of these benefits would go to my
employment date?
Vice Chairman Teele: We would go... It would all be retroactive, yes, sir.
Commissioner Regalado: I would... I..
Chairman Hernandez: I want to make a motion, and I want to pass it on to you, if I can. Pass the
gavel to you.
Commissioner Regalado: I would amend the motion to include the severance pay, one year
severance pay. Or... Mr. Chairman, you were going to make a motion.
Mr. Maxwell: Mr. Chairman.
Chairman Hernandez: All right...
Vice Chairman Teele: Hold it. I have got the gavel, I am going to recognize the Chairman to
make a motion.
Mr. Maxwell: Mr. Chairman, before you make that motion...
130 February 10, 1998
Commissioner Plummer: Still have further discussion.
Mr. Maxwell: ... could I clarify something on the record? It is important that you keep in mind,
Commissioners, that you only are authorized to direct compensation or determine the salaries of
the Mayor, the Manager, the City Attorney and the City Clerk under the Charter. Now, you have
to be careful when you make the directives regarding the other tier levels and so forth, that you
aren't stepping into the purview of the City Manager and now directing what their compensation
should be. So, in your motion, separate it so that you are dealing specifically with tier...
Commissioner Plummer: But he is only doing tier one.
Mr. Maxwell: ... one, which are the people in there first.
Mr. Garcia -Pedrosa: And, let me add that... because that's a very good point. But, the way to do
that, Mr. Vice Chairman...
Commissioner Plummer: Is modify the budget.
Mr. Garcia -Pedrosa: Well, not only that, but provide that in order to get these benefits, they are
only applicable if the City Manager determines that people make no more than whatever their
cap is. In other words, you are not dictating the compensation, but you are triggering the
benefits to my determination in those cases, in which the City Attorney has indicated, the
salaries that are within the cap.
Commissioner Plummer: Mr. City Manager, predicated on what is in this package now, what
would your total compensation be?
Mr. Garcia -Pedrosa: Something in the neighborhood of that, yeah?
Commissioner Plummer: OK, so in effect, you are making as much or more than you made on
Miami Beach.
Mr. Garcia -Pedrosa: I think my package might on Miami Beach was one hundred and... with
benefits...
Commissioner Plummer: Yeah.
Mr. Garcia -Pedrosa: ... was one hundred and eighty and change.
Commissioner Plummer: So, if it's one seventy-seven, you are within a stone's throw?
Mr. Garcia -Pedrosa: You may remember...
Commissioner Plummer: But, the point I am trying to make is, why are we trying to hide and
say that we are not paying you more than what we are paying you, all right? I think it is artificial
in every sense of the word. You know, and... You know, I am not trying to find a fight with my
Mayor, but I very clearly remember him making the statement that nobody in this City would
make more than eighty-five thousand dollars ($85,000) a year. Remember? I remember, OK.
So, I am saying to you, we are not reducing anybody below the eighty-five thousand dollar
($85,000) level, but that was said at the time that this was going to be the provisions. I think the
Manager is entitled to this amount of money. You want to include one year's severance, as long
as you don't call it an incentive, I will go along with it. But, I just don't know why we are trying
to hide when in fact the package comes out the same way. You want to call it salary, you want
131 February 10, 1998
to call it benefits. I just don't like the idea that my Manager is working for less money than 12
of the people that he governs. I think it's wrong.
Chairman Hernandez: Mr. Chairman, I would like to call the question at this time.
Vice Chairman Teele: Commissioner... Chairman... Chairman Hernandez.
Chairman Hernandez: I would like to make a motion at this time to approve as it applies to
Category One and the City Manager, the request and recommendation of the City Manager
which would include in his benefits one year severance package.
Commissioner Plummer: I'll second the motion. I have made my point, but I'll second the
motion. It comes out the same way.
Vice Chairman Teele: Would you include the Attorney and the Clerk as well, just for the sake
of... I mean, we have got to do something with the Attorney. Why are going to keep...
Chairman Hernandez: I will do the same for the... I will amend it to include the City Attorney
and the City Clerk as it applies to Category One.
Vice Chairman Teele: As it applies to Category One.
Chairman Hernandez: Yeah.
Vice Chairman Teele: On the motion...
Commissioner Plummer: The second accepts.
Vice Chairman Teele: ... is there a second by Commissioner Plummer?
Commissioner Plummer: Yes, sir.
Commissioner Gort: Discussion.
Commissioner Regalado: Mr. Chairman, so we are approving...
Chairman Hernandez: One year.
Commissioner Regalado: ... Category One, plus one year severance pay?
Chairman Hernandez: Go ahead.
Vice Chairman Teele: As it relates to the Manager.
Chairman Hernandez: That's correct.
Commissioner Regalado: As it relates to the Manager.
Vice Chairman Teele: All right.
Commissioner Gort: Discussion.
Vice Chairman Teele: Discussion on the motion. Commissioner Gort.
132 February 10, 1998
Commissioner Gort: I am a little lost on this one. My understanding is, by adding the Clerk and
the Attorney, they are not going to grandfathered in with the package that they have now? That
they...
Commissioner Plummer: They have their choice.
Vice Chairman Teele: They would have a choice.
Commissioner Gort: We are giving them a choice, OK.
Vice Chairman Teele: Yeah.
Commissioner Plummer: But, wait a minute. Are we talking severance pay for the Attorney and
the Clerk?
Vice Chairman Teele: No, he said the Manager.
Commissioner Regalado: No, just the Manager. Just the Manager.
Commissioner Plummer: Just the Manager, all right. Only for the Manager. No, no, you read
wrong. You conveniently read...
Vice Chairman Teele: Question on readiness, further unreadiness. I just want to say just say this.
I think you are setting a precedent now. I have no objections to it, but I have objections as
applied. I am going to be... I have been asked to negotiate... This has been a very difficult thing
that I have been working on as it relates to our former City Attorney, and you know this man
served 15 years, and just know that a precedent is a precedent. And, just know that I have been
asked to negotiate, I mean he's got very, very extenuating circumstances. A very difficult
situation at home and I think you are establishing a precedent that you may not want to make,
but you are making it and I certainly recognize the will of the majority and I yield to the will.
Further discussion? Mr. Cox, did you want to be heard on this?
Mr. Charlie Cox: Yes, I want to...
Vice Chairman Teele: Is the Manager in your bargaining unit?
Mr. Cox: No, he is not.
Vice Chairman Teele: Are you trying to sign him up?
Mr. Cox: No, I am not. But, I want everybody to know that I have stood before you now for ten
years and watched the game being played. And, Mr. Pedrosa may be worth two hundred
thousand dollars ($200,000), three hundred thousand dollars ($300,000), but it that's what we
are going to pay somebody, that's what we need to pay them. I have had to come before this
Commission numerous times to tell you that our pension does not cost a penny and yet, you sit
there and you put a 25 percent number on that. Now, if we are going to hide everybody's salary
and we are going to go with these caps, let me tell you, when garbage runs down, it don't run up
hill. It runs up down hill. And, if we are all going to figure when we figure out, I will tell you, I
am a 23 year employee, I make fifty thousand dollars ($50,000) a year, and all of a sudden
somebody is going to come along and say, our City Manager makes ninety-six thousand dollars
($96,000) and by far, he deserves to make a lot more than I do, or any City Manager or any
Assistant City Manager. And, if we are going to start putting these caps on, let me tell you, I
have sat here and watched, excuse my language, but idiots, say that our City employees are not
qualified. And, those idiots are the ones that are making more money than our City Manager in
133 February 10, 1998
some cases. And, yet, what are we going to bring in the door when we start putting caps in and
we play a game with what these caps are. And, that's all this is. It's a game. And, at some point
in time, it's all going to come out. And, if we want to pay a Manager, whether it's Mr. Marquez
or Mr. Pedrosa, two hundred thousand dollars ($200,000) plus a benefit package, it's nothing
that Dade County doesn't do, Miami Beach doesn't do. Every other City... And, when you do a
comparison just like for the salaries of the people that I represent and the salaries of the people
that Tom represents, you are going to do it against comparable cities. And, now we have got a
two tier system in here that we are breeding poverty as it is, where employees can't afford to eat.
Now, I can tell you that I can't live off of taking a cut in pay or a game that's being played.
Now, maybe Mr. Pedrosa can because of his business practices before and everything else. But,
somebody has to wake up. And, if we are going to pay him a decent salary and even give him a
benefit package on the top, that's fine. But, let's do it, because the garbage is going to run down
hill and in three or four months I am going to be here before you all, and then let me guarantee
you, I know how to play with numbers. Just like the City does, let me guarantee you, I can play
a little better. And, you can't hide them, because the public records make you show what
everybody's salary is. I pull one every single month. And, then what the benefit package is...
He is not trying to hide and I am not saying anybody is hiding it. But, you can't hide it and the
dollar amounts are the same, and you know what, I can't take money out of my pension and go
buy groceries, I can't, because that's my ten percent that's coming out of my salary. I don't have
a deferred comp that I can go borrow from or take from. I have a ton of money in my pension
plan but I will never see it until I walk out of this place, because we can't touch it. And, this is a
game that is being played. And, I am sorry, that, yes, his word means something when he
negotiated this, but you know what? From the get go it's been a game.
Vice Chairman Teele: All right.
Mr. Cox: And, it's going to run down hill to us.
Vice Chairman Teele: All right.
Mr. Tom Gabriel: Tom Gabriel, Local 587. Mr. Pedrosa, maybe he does need a union to
negotiate his pay or maybe he is in a position where he can afford to come over and do some
government service at a lower price, but I think that what you ought to do is remember that the
City has been blasted in quite a few reports about higher management not having the skills and
not being properly trained and proper education. And, now, if you are going to put a cap on that
salary that you are going to have a harder time to get people to come into this City and to work
for the City. So, please, keep that in mind. If you want to straighten out the City, which I think
we have done a pretty good job over the last year and a half, that you shouldn't go around
punishing the people that help pitch in and save it. You have to reward the staff, you have to
give them a decent pay. And, certainly if you are going to force them into the City where the
crime rates are higher, where the affordable housing is almost nonexistent. There is no mid -level
housing compared to other places. I mean, obviously, you either are going to have to pay them
high or we are going to continue to be a poor City, and you are not going to get the help that you
need at the staff. And, we want good staff to fight against because good staff fights well and
they take care of business in the proper way. And, we can no longer afford to have people that
aren't qualified in the upper positions. So, you know, bowing to Mr. Pedrosa's decision to
keep... and the Mayor's decision to keep a ninety-eight thousand dollar ($98,000) cap, you are
going to run into trouble getting quality people in the long run.
Vice Chairman Teele: On the motion, this relates to Category One, only...
Commissioner Plummer: Right.
Vice Chairman Teele: ... as it relates only to the Manager, the Attorney and the Clerk. The other
items will be taken up in that category as a part of the budget.
134 February 10, 1998
Commissioner Plummer: All right. The only question I have remaining. The only one that I
know of at time to be retroactive would be the Manager.
Vice Chairman Teele: That's correct.
Commissioner Plummer: The other two have been on and have been receiving compensation in
their package up until this point.
Vice Chairman Teele: That's... Well, there is...
Commissioner Plummer: So, the only one retroactive would be the Manager.
Vice Chairman Teele: There is only one retroactive. And, the only one as it relates to the
severance.
Commissioner Plummer: What's an interim?
Vice Chairman Teele: Further discussion? Mr. Clerk, call the roll.
The following resolution was introduced by Vice Chairman Hernandez, who moved its adoption:
RESOLUTION NO. 98-171
A RESOLUTION WITH ATTACHMENT(S), SETTING FORTH AND
AUTHORIZING THE BENEFITS AND SEVERANCE PAY TO BE RECEIVED BY
THE CITY MANAGER; FURTHER SETTING FORTH AND AUTHORIZING THE
BENEFITS TO BE RECEIVED BY THE CITY ATTORNEY AND THE CITY CLERK.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: Vice Chairman Arthur E. Teele, Jr.
ABSENT: None.
Commissioner Plummer: I will make a motion to fire the Manager.
Mr. Maxwell: As to the other categories, Commissioner, if you want to deal with those... This...
Vice Chairman Teele: Let's... I am not going to move those now.
Commissioner Plummer: No.
Commissioner Gort: No, no.
135 February 10, 1998
Mr. Maxwell: OK.
Vice Chairman Teele: Let's deal with those in a resolution form, and I think we are going to
have to separate out some of this and rework it a little bit.
Commissioner Gort: I think the Manager is going to have to come back with it.
Commissioner Plummer: All right.
----------------------------------------------------------------------------------------------------------------
38. AUTHORIZE PLACEMENT OF MONUMENT FOR BAY OF PIGS
INVASION ON S.W. 13 AVENUE AT S.W. 10 STREET, WITH
CONDITIONS.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 38, is Commissioner Regalado's request, reference memorial
monuments for Cuban political prisoners.
Commissioner Regalado: Yeah, Mr. Chairman, I have here a resolution regarding a monument.
And, this is a very simple issue. It's a resolution authorizing the placement of a monument on
the median of Southwest 13th Avenue, at approximately Southwest loth Street in honor of those
individuals imprisoned after the Bay of Pigs invasions, conditioned upon the proponents
assuming all costs associated with the acquisition, installation and subsequent maintenance of
said monument. Now, this is...
Commissioner Gort: Second.
Commissioner Regalado: Yeah. OK. Just wanted to mention something. I just wanted to
mention something. State Representative Bruno Barreiro has pledged that he will bring funds
from Tallahassee to maintain the monument and also to contribute in the construction. Public
Works Director, Jim Kay, has been on the area and I think that the only thing that we need is just
to finalize the agreement, and start construction on the part of the association.
Mr. Jim Kay (Director/Public Works Department): That is correct. The only one thing that we
asked that be added to this resolution is that, it be subject to an agreement between the
sponsoring entity and the City of Miami to outline those responsibilities.
Commissioner Plummer: Absolutely.
Commissioner Regalado: Right. Mr. Chairman, so I move.
Commissioner Plummer: Second. The motion, Mr. Chairman.
Chairman Hernandez: There is a motion by Commissioner Regalado, seconded by
Commissioner Gort. All those in favor, say "aye."
The Commission (Collectively): Aye.
136 February 10, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-172
A RESOLUTION AUTHORIZING THE PLACEMENT OF A MONUMENT ON THE
MEDIAN ON SOUTHWEST 13TH AVENUE AT APPROXIMATELY SOUTHWEST
LOTH AVENUE AT APPROXIMATELY SOUTHWEST LOTH STREET, MIAMI,
FLORIDA, IN HONOR OF THOSE INDIVIDUALS IMPRISONED AFTER THE 1961
BAY OF PIGS INVASION, CONDITIONED UPON THE PROPONENTS ASSUMING
ALL COSTS ASSOCIATED WITH THE ACQUISITION, INSTALLATION AND
SUBSEQUENT MAINTENANCE OF SAID MONUMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
39. APPOINT SEVERAL INDIVIDUALS TO COMMISSION ON STATUS OF
WOMEN.
Chairman Hernandez: Item 39, are board and committee appointments.
Commissioner Gort: Twenty-five appointments to the Status of Women.
Commissioner Plummer: Thirty-nine, I'll pass.
Commissioner Gort: I reappoint the present appointments.
Commissioner Regalado: I have...
Chairman Hernandez: OK.
Commissioner Plummer: Thirty-nine, is it five for each?
Mr. Walter J. Foeman (City Clerk): Thirty-nine, is the Commission on the Status for Women.
Commissioner Regalado: I have my appointments, Mr. Chairman, if you want to... On the
Commission on the Status of Women...
137 February 10, 1998
Commissioner Plummer: Are all of these names proffered to us, up for reelect... up for
reappointment.
Mr. Foeman: Yeah. All of these appointments have expired as of May of '97. I am sorry, as of
July of ' 97.
Commissioner Regalado: OK, I... My appointments are, Jim Whipple, Kelly Millett, Susane
Torriente, Maricela Curbedo DeArias, and one appointment to be deferred.
Commissioner Plummer: I'll make mine as Ruth Castlewitz, Pat Clark, Reverend Nagy, Chief
Warshaw, and Joe Wilkins. This is for the...
Vice Chairman Teele: What is this?
Commissioner Gort: What are these for? Wait a minute, wait a minute.
Chairman Hernandez: Commissioner Gort, Commission on the Status of Women.
Commissioner Gort: Excuse me.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Mr. Chairman.
Commissioner Gort: Excuse me. I think the list you have in front of you, is not the one?
Commissioner Plummer: That's what I asked, if it was, and the answer was yes.
Mr. Maxwell: Yeah.
Commissioner Gort: No.
Mr. Foeman: No, we haven't received a list from the Commission on the Status of Women.
Commissioner Plummer: Well, what is this that you gave us?
Commissioner Gort: This is Beautification.
Mr. Foeman: That's from the Beautification Committee that my staff has handed out.
Chairman Hernandez: On Status of Women, we...
Mr. Maxwell: Mr. Chairman, could I? Could I ask that when you, the Commissioners give the
names, give them one at a time and slower than what you are giving them, so that we have a
record.
Chairman Hernandez: Yeah. You've deferred only one position, correct?
Commissioner Regalado: I only deferred one position, and I will give the Clerk the names.
Chairman Hernandez: Mr. Clerk, you have the names?
Mr. Foeman: Yes.
Chairman Hernandez: There has been a motion by Commissioner Regalado, is there a second?
138 February 10, 1998
Commissioner Plummer: Second.
Chairman Hernandez: Second. All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-173
A MOTION APPOINTING JEAN WHIPPLE, KELLEY MILLETT, SUSANNE
TORRIENTE AND MARICELA CURBELO DE ARIAS TO THE COMMISSION ON
THE STATUS OF WOMEN.
[Note for the Record: The above -mentioned individuals were nominated by
Commissioner Regalado. Commissioner Regalado deferred on his fifth nomination.]
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Gort: Commissioner Gort, do you have any appointments?
Commissioner Gort: Ah, for the Status of Women? I want to reappoint the persons stated
before.
Mr. Foeman: OK.
Commissioner Gort: The same ones. I have got one more appointment.
Chairman Hernandez: Commissioner Plummer.
Commissioner Gort: You want me to go through the names?
Chairman Hernandez: Yeah, please.
Commissioner Gort: Regina Berman, Crystal Griggs, Pola Reyburd, Luisa Garcia -Toledo. I
have one more, which I'll leave it for later.
Commissioner Plummer: Moved they be accepted.
Commissioner Regalado: Second.
Chairman Hernandez: Motion, second. All those in favor say "aye."
139 February 10, 1998
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-174
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES:
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS:
None.
ABSENT:
None.
Chairman Hernandez:
Commissioner Plummer?
Commissioner Plummer: I'll defer until the next meeting.
Chairman Hernandez:
Commissioner Regalado, we have already got you. Commissioner Teele.
Vice Chairman Teele:
Which are we talking about?
Chairman Hernandez:
The Status of Women. Item number 39.
Vice Chairman Teele:
Deferred to the next meeting.
Chairman Hernandez:
I am going to be deferring, myself.
----------------------------------------------------------------------------------------------------------------
40. APPOINT SEVERAL INDIVIDUALS TO BUDGET AND FINANCES
REVIEW COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 40.
Commissioner Plummer: I appoint as my appointment, Marianne David.
Chairman Hernandez: Commissioner Gort.
140 February 10, 1998
Commissioner Gort: Move it.
Chairman Hernandez: Moved, second by Commissioner Gort. All those in favor say "aye."
Commissioner Plummer: Well, let me do this individually.
Commissioner Gort: That's what he recommended.
Commissioner Plummer: Do them individually?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): No, no, no. I said...
Commissioner Plummer: Just name them slower.
Mr. Maxwell: No, no. I said, each one of the Commissioners give theirs, but you don't have to
vote...
Commissioner Plummer: OK.
Mr. Maxwell: ... you can vote collectively.
Commissioner Plummer: OK, Marianne David is my appointment.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Steve Kneapler.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Yeah, which one?
Chairman Hernandez: Budget and Finances Review Committee.
Commissioner Regalado: I got Stanley Gettis, for the Budget and Finance Review Committee.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Temporarily pass.
Commissioner Plummer: Who did you appoint?
Commissioner Regalado: Stanley Gettis.
Chairman Hernandez: And, I have, Louis Wechsler.
Mr. Jose Garcia -Pedrosa (City Manager): Are you at 40, or are you at 41?
Chairman Hernandez: Is there a motion?
Vice Chairman Teele: So moved.
Commissioner Plummer: Well, that's what I am trying to figure out here, I might have...
Mr. Maxwell: They are in 40.
141 February 10, 1998
Mr. Garcia -Pedrosa: You maybe ahead. You are 40.
Chairman Hernandez: There is a motion. There is a second by Commissioner Gort. All those in
favor say "aye."
Commissioner Plummer: Well, hold on, I got a mistake here. Hold on. Well, hold on, let me go
back here and find out on 41. Hold up just a minute. I am sorry, I... my appointment would still
be Guy Sanchez on 40.
Mr. Maxwell: Call the board. Plummer, I am sorry, I... my appointment would still be Guy
Sanchez on 40.
Mr. Maxwell: Call the board.
Chairman Hernandez: For number 40?
Commissioner Plummer: Forty. Yeah.
Mr. Maxwell: Finance Review Board. Committee.
Chairman Hernandez: There is a motion by Vice Chairman Teele, and a second by
Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-175
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE BUDGET AND FINANCES REVIEW COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
142 February 10, 1998
----------------------------------------------------------------------------------------------------------------
41. APPOINT MARY ANN DAVID TO MIAMI AUDIT ADVISORY REVIEW
COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 41, Miami Audit Advisory Committee.
Commissioner Plummer: That's my Mary Ann David.
Chairman Hernandez: Commissioner Plummer?
Commissioner Plummer: Yes.
Chairman Hernandez: What is it?
Commissioner Plummer: Mary Ann David.
Commissioner Gort: Commissioner Gort?
Commissioner Gort: I'll pass on mine.
Chairman Hernandez: Commissioner Regalado?
Commissioner Regalado: Deterred.
Chairman Hernandez: Commissioner Teele.
Vice Chairman Teele: Deterred.
Chairman Hernandez: And, I am deterring too. Motion to approve Commissioner Plummer's
appointment.
Vice Chairman Teele: So moved.
Commissioner Regalado: Second.
Chairman Hernandez: Moved and seconded by Commissioner Regalado. All those in favor say
'
The Commission (Collectively): Aye.
143 February 10, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-176
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
42. APPOINT SEVERAL INDIVIDUALS TO COMMITTEE ON
BEAUTIFICATION AND ENVIRONMENT -- GRANT WAIVER OF
RESIDENCY REQUIREMENT AS NEEDED.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 42. Committee on the Beautification.
Commissioner Plummer: I will appoint Ruth Kassewitz, Pat Clarke, Reverend Nagy, Chief
Warshaw and Joe Wilkins.
Chairman Hernandez: We have got to pick from this list, eh?
Vice Chairman Teele: On which one, 42?
Commissioner Plummer: That's it. The Beautification.
Chairman Hernandez: We have to pick from this list here, that we got?
Commissioner Plummer: No, you don't have to.
Chairman Hernandez: No, we don't have to.
Commissioner Plummer: You can... anyone you want.
Mr. Walter J. Foeman (City Clerk): No, that was a list that was proffered by the Chairman of the
Committee. And, the last time we took this issue up, we just took it, a blanket motion, to accept
all 50 that were submitted.
144 February 10, 1998
Commissioner Plummer: I so move. Move all 50 be accepted.
Commissioner Gort: Second.
Commissioner Plummer: These people want to serve, God bless 'em.
Commissioner Gort: Yeah. They have done a good job.
Chairman Hernandez. There is motion...
Commissioner Plummer: When Allapattah was there, it was 150.
Chairman Hernandez: ... by Commissioner Plummer, and a second by Commissioner Gort
accepting all 50 names proffered by...
Mr. Foeman: Mr. Chairman.
Chairman Hernandez: Yes.
Mr. Foeman: Excuse me. Also included the last time, because there were a certain number of
people who weren't residents, we included in there a blanket waiver for the residency
requirement as well.
Commissioner Plummer: I so move.
Commissioner Gort: Second.
Chairman Hernandez: There is a motion by Commissioner Plummer, and a second by
Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-177
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
145 February 10, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
43. APPOINT ALBERTO GONGORA TO INTERNATIONAL TRADE BOARD.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 43. International Trade Board. Commissioner Gort. You have
three appointments.
Commissioner Plummer: You better get me some money.
Commissioner Gort: I'll pass on two of them, but I will name Alberto Gongora, and Julian...
No, that... Only one, Alberto Gongora.
Chairman Hernandez: Is there a motion?
Vice Chairman Teele: So moved.
Commissioner Plummer: Move 'em.
Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Plummer.
All those in favor say "aye."
The Commission (Collectively): Aye.
146 February 10, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-178
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE INTERNATIONAL TRADE BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
44. APPOINT MIGUEL SECO / ERNIE MARTIN / LOURDES SOLERA / RENE
ROLLE TO HISTORIC AND ENVIRONMENTAL PRESERVATION BORD.
Chairman Hernandez: Item 44, the Historic and Environmental Preservation Board.
Commissioner Gort.
Commissioner Plummer: Yeah, I got it here. It's a pocket item.
Commissioner Gort: Ernie Martin.
Vice Chairman Teele: Which category?
Chairman Hernandez: Commissioner Gort?
Commissioner Gort: Miguel Seco.
Chairman Hernandez: Gort, which one's for...? Which one is going to be the Historian,
Architectural Historian?
Commissioner Gort: OK, Architectural, will be Ernie Martin.
Chairman Hernandez: Alternate.
Commissioner Gort: Historical will be Miguel Seco. And, the historian Lourdes Solera.
147 February 10, 1998
Chairman Hernandez: You only have two.
Commissioner Plummer: You only have two. Don't be greedy.
Commissioner Gort: I was under the impression I have three.
Chairman Hernandez: No, two.
Commissioner Regalado: Excuse me. Willy.
Commissioner Plummer: You're wrong.
Commissioner Gort: OK, Miguel Seco, Ernie Martin.
Commissioner Regalado: Willy, Willy.
Commissioner Plummer: I got it here.
Commissioner Regalado: I am appointing Lourdes Solera. Are you...?
Chairman Hernandez: So, you have your two?
Commissioner Gort: Yes. Miguel Seco and Ernest Martin.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): OK.
Mr. Walter J. Foeman (City Clerk): I have it.
Chairman Hernandez: Commissioner Regalado?
Commissioner Regalado: Lourdes Solera, and I will deter on the citizen.
Commissioner Plummer: Move the names be accepted.
Commissioner Gort: Hold it.
Chairman Hernandez: Hold on. Commissioner Teele.
Vice Chairman Teele: Renee Rolle, on the real estate broker.
Mr. Foeman: Yes. At the last meeting, you had proffered that name. We did it by motion. But,
since then, the application has been received. So, you got to do it.
Vice Chairman Teele: So, I have got to do it.
Mr. Foeman: Yeah, you have to do it. You need to formalize it.
Vice Chairman Teele: Renee Rolle.
Chairman Hernandez: We have a motion.
Commissioner Plummer: I am not arguing.
Chairman Hernandez: Motion on item 44.
148 February 10, 1998
Commissioner Plummer: Forty-four, I don't have any.
Vice Chairman Teele: So moved.
Commissioner Plummer: Second.
Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Plummer.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-179
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
45. APPOINT GUILLERMO REVUELTA / ROBERT VALLEDOR TO
NUISANCE ABATEMENT BOARD.
Chairman Hernandez: Forty-five was withdrawn. Forty-six. Nuisance Abatement Board.
Commissioner Gort.
Commissioner Gort: Guillermo Revuelta.
Chairman Hernandez: I am appointing, Robert Valledor. Item 46.
Vice Chairman Teele: Second the motion.
Commissioner Plummer: Move they be accepted.
149 February 10, 1998
Chairman Hernandez: Moved by Commissioner Plummer, seconded by Vice Chairman Teele.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-180
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
46. CONFIRM APPOINTMENT OF NAMES PROFFERED TO DOWNTOWN
DEVELOPMENT AUTHORITY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 47, DDA (Downtown Development Authority)
Chairman Hernandez: Item 47, DDA.
Commissioner Plummer: We have the right by Charter to withdraw any names and send back
for more names. I withdraw the name of Raul Tercilla.
Commissioner Regalado: Excuse me. Can we add?
Chairman Hernandez: No, we can't add, we can only remove.
Commissioner Regalado: We can only remove.
Commissioner Plummer: Right.
Commissioner Regalado: We cannot add.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): The DDA appoints.
150 February 10, 1998
Chairman Hernandez: You have moved... You want Raul Tercilla...
Commissioner Plummer: Removed.
Chairman Hernandez: Right. Commissioner Regalado.
Commissioner Regalado: Who did he... did you remove from here?
Chairman Hernandez: He removed Raul Tercilla.
Commissioner Regalado: OK.
Chairman Hernandez: Commissioner Teele.
Vice Chairman Teele: To remove one?
Chairman Hernandez: Yeah. If you'd like. I am just asking.
Commissioner Gort: You don't have to.
Chairman Hernandez: You don't have to, but I am just...
Mr. Maxwell: You.. Be aware that there is a provision in Section III of this ordinance that
provides for alternative selections if you remove any of the names in Section II. For instance,
when you just removed Raul Tercilla, there is a provision in Section III, says that two
individuals, one, Santiago Echemendia, and Frank Vanderpost, one of those individuals will
move up to that point.
Commissioner Plummer: Or we can ask for two alternatives to be reconsidered for more names
to be supplied to the Commission.
Mr. Maxwell: Correct. Or, you can simply "X" Section III out, that's your option. I just want
you to be aware that there was an automatic promotion provision in here.
Chairman Hernandez: What if one of the alternates are removed?
Commissioner Plummer: I would remove both of the alternates.
Chairman Hernandez: Yes.
Commissioner Plummer: And, then, we have the right to supply and to nominate people to the
nominating committee, for the purposes of consideration.
Chairman Hernandez: OK, you've removed Raul Tercilla. I am removing one of the alternates.
We need somebody else to remove another alternate, and...
Commissioner Regalado: I will.
Chairman Hernandez: OK. Vice Chairman Teele, do you have any...? Do you want anything...?
Vice Chairman Teele: Can I remove, this guy, Winton?
Chairman Hernandez: Johnny Winton?
151 February 10, 1998
Commissioner Plummer: Oh, God, would that be a blessing.
Vice Chairman Teele: No, I asked a question. I am not doing that.
Chairman Hernandez: Yes. I know, I know, that.
Commissioner Plummer: Chicken.
Vice Chairman Teele: He's a fine American.
Chairman Hernandez: All right.
Commissioner Plummer: But, not a good DDA (Downtown Development Authority) member.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I make the motion, but I think somebody wants to speak.
Chairman Hernandez: OK.
Ms. Eleanor Kluger: Well, I don't know if it's proper or not, but I would like to speak, if you
allow me.
Chairman Hernandez: Of course, it's proper. You may speak.
Commissioner Plummer: Always. Willy.
Ms. Kluger: My name is Eleanor Kluger, and I
being lifted from that position. But, I would like
know if they received it through the fax. And, I
have a show of hands who received my letter?
Commissioner Regalado: I did.
Unidentified Speaker: Yes, I have.
am a now board member of the DDA who is
... I have given a letter to everybody, I don't
had hoped that there would be other.. Can I
Ms. Kluger: OK. It's there. And, I don't know if it's proper or not. But, I just wanted to tell
you that, I am here today only to object because I have listened to two speeches and was very
inspired by our new City Manager, Jose Garcia -Pedrosa. I was not going to challenge this, but
when we talk about integrity and we talk about accountability, and we talk about following
procedures, these are the things that our government needs to do, and these are the things that I
feel will instill trust in our government. And, the things that happened within the DDA to elect
this board, I do not feel followed any kind of procedures that are normal on most boards. And,
in my letter, I did explain some of the things that did happen in the procedures for this. And, I
would like to say that, I would like to see, that we the public, and we the DDA, and we the
people who pay for the DDA would find more trust in our government. And, we would not have
people such as this nominating committee which had secret meetings and which are people that
were on the... what they call, not secret meetings, they call them ad noch committee meetings.
And, these very same people that now have eliminated people off of the DDA, are the same
people that I attended and saw at an ad noch meeting that wanted to disband the City. I mean,
we have to stop this going out the back door and these ways of not following correct procedures.
And, if you all are going to continue to have this happen, then nobody is going to be able to trust
you. And, I would like to see a stop to it. And, I had given you an option. The people that they
152 February 10, 1998
did select, yes, they are good people, and yes, they might help the City downtown, because they
are in development. But, to put this all under the control of one Commissioner, is by tar the
wrong thing to do. And, I would want... I would want other Commissioners to be able to appoint
their people. And, truthfully, I go to meetings as a DDA board member. There are two board
meetings... two board members at the meeting, and five or six staff people. Certainly, we could
use more people on the DDA. Add another eight people to the DDA board. There is plenty of
work for us to do.
Commissioner Plummer: I had everybody there, and I had 31.
Ms. Kluger: And... No, what I am saying is, that I would like to see each Commissioner, still
have their two people to come to the DDA, and you know, at first I thought, this was a good
idea. And, I voted even for having the DDA pick their own board. But, as it went and the
nominating committee was picked by a small group was... met secretly and not comes before the
full board... This doesn't happen in other boards, and other things that we attend. And, I am on
the Performing Arts Center Board, and we get to read the resumes, and we get to vote on these
people. You know, the procedure is faulty. And, if you want to give all this power right now to
one Commissioner, Commissioner Gort...
Commissioner Plummer: Well, let me...
Ms. Kluger: ... and it's in development. You know what a developer would pay to get onto that
board...
Commissioner Plummer: Well, let me, let me...
Ms. Kluger: ... if it becomes all powerful?
Commissioner Plummer: Let me be in defense. I have nominated developers to that board, and
they haven't paid a dime, OK. And, I am surprised to hear you saying... it might be true, and I
don't dispute what you've said, that only two members show up for a meeting. It makes me very
glorified that, in fact, when I was chairman, we had anywhere from 20, because I think we had
23 members at the time. Eleanor, we do have the ability, as we have already done, to withdraw
at our request, any names that are there and proffer new names to the nominating committee.
And, we can do that until hell freezes over, if we do not feel that the names proffered are those
that are proper. I, in defense of Commissioner Gort, would have to tell you, that in my
estimation, he has done a very good job. And, it should lie in the form of one Commissioner as
we have on most, all boards. I am Chairman of Bayfront Park, and I am Chairman of
International Trade Board. And, because of that, I am the direct liaison between those two
boards and this City Commission. And, I hope that I keep my colleagues informed of what's
going on, on those two boards, as Commissioner Gort is responsible to do to this Commission, to
keep us informed of what's happening with the DDA, and any other board that he serves as
chairman on. I think that without question, even though Brother Teele, made a comment. The
monies that are going to be... the million dollars ($1,000,000) for Flagler Street would have not
been possible without Commissioner Gort's lead. He did that job, he handled it perfectly, and
we are going to see, hopefully, the results of that. I say to you, I understand. There is only so
many members can be appointed, that in fact we are going to be doing it. We still reserve the
right of those that we feel that we could do with better members on, we still reserve that right.
Commissioner Gort: Mr. Chairman, I would ask the person appointed to share the committee, to
come in and give his report. My understanding, and please correct me, if I am wrong. I think
there is only one meeting when we did not have a quorum in the last five years that we have had
meetings. We... meetings have been well attended. People in the past... We always had one
chairperson who was either the Mayor of the... or one of the Commissioners, was the chairperson
153 February 10, 1998
for this committee. And, just as you were nominated by the board, itself, and approved by the
whole board, this process took the same thing. This process of the nomination committee went
to the full board, and the full board voted against it, and there was some people that voted for it,
and some people voted against it. At this time, I don't think any of the meetings were held in
secrecy. I stayed away from the meeting for the same purposes, because I didn't want to be
accused of selecting the individuals. And, my commitment, when I first got in is, we were trying
to get at least 75 percent of the property owners that pay their taxes to be a part of the board of
the DDA, and that's what I solely did. For that reason, Mr. Chairman, I am ready to make a
motion to be accepted, with the exception of the individual removed by you all.
Ms. Kluger: Mr. Gort. Commissioner Gort. Mr. Gort, I think on many things you have done a
fine job. Committee meetings are attended only by two members, or three members, or none,
and, staff sits there. And, certainly more people could be put on that board that would make it a
more well rounded board, and not only for developers.
Commissioner Gort: I understand, ma'am. But, it was the wish of the board at that time, to have
that number of people, and that's what was passed.
Ms. Kluger: And, you know that not all members were notified of meetings, and that was done
in secrecy, and if we have to take it to lawyers, we might do so. Not that I want to be nasty
about it all. Because, truthfully, the board that they selected is a good board for development.
But, not a good board for the rest of the community. And, it needs more people to keep you in a
straight line and to report to you.
Commissioner Gort: Well, you know, Eleanor, let me tell you something. I think I have kept a
very straight line in all of my life, and all the projects and everything that I got involved with, I
have kept the most straight line there is.
Ms. Kluger: I didn't mean it sir... I did not mean it against you, personally.
Commissioner Gort: So, I want you to understand. That my understanding is, there is retail
represented there, the banks are represented there. Like you all requested to be represented on of
that board. And, I think that's the committee... that's what the committee did. And, you know,
very well, I will never try to influence my personal feeling. I always went with what the
majority of the board stated and wanted to do.
Ms. Kluger: My problem is with the selection committee, the nominating committee. There
were no resumes, really, we have gone through. I have not read one resume. You say there were
30 resumes, the people I talked to say they were picked and not... There was no selection.
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Thank you, Ms. Kluger.
Ms. Kluger: OK, well, I just wanted you to know that the process is faulty.
Commissioner Regalado: So, how many names we...?
Chairman Hernandez: Three. We removed two alternates and one regular.
Commissioner Gort: We removed two alternates and one member.
Commissioner Regalado: So, can we proffer more names to the...?
154 February 10, 1998
Commissioner Plummer: To be...
Chairman Hernandez: You can tell your people to apply. Send there...
Commissioner Plummer: Well, excuse me, now. Let's make sure we understand what you are
doing. If you proffer more names, you are only going to be filling one position.
Chairman Hernandez: Right.
Commissioner Gort: And, two alternates.
Commissioner Plummer: Well, but the alternates are only for the purposes of filling if the names
are not put in.
Commissioner Gort: That's correct.
Commissioner Plummer: So, regardless of what you are going to be doing, you can put in 100
names. But, there is only going to be one chosen to outline the 12. Alternates are only if come,
in reverse. Now, let me put on the record. I dealt with some of the people of DDA, my problem
is still my problem. But, I have assurances from enough, I feel of the board, to address the
problem on unfair distribution of members to what I consider to be four distinct and separate
areas of DDA. I outlined them as OMNI as one area. Park West as a second area. Downtown is
a third area. And Brickell as a fourth area. I have the feeling of comfort from enough of the
members that they will in coming year, address the issue of better and more equal distribution to
the four different areas. I am not saying that each area has to have three from each one. But, at
this particular time, there is only one that I could say, truthfully addresses the Park West area.
That's my problem. I want better and equal distribution to the four areas than what is here today.
I am assuming that that's going to happen. When do we vote again, on this?
Commissioner Gort: Next...
Commissioner Plummer: Is this on October 1. Or.. when does this...? When are they up?
When are the ones...? Is it one year from today?
Mr. Johnny Winton: Commissioner, the... by ordinance, there are four of the members will have
one year terms.
Commissioner Gort: Name and address for the record.
Mr. Winton: And, so...
Commissioner Gort: Name and address for the record, sir.
Mr. Winton: Oh, I am sorry. My apologies. My name is Johnny Winton. My address, my
business address is 150 Southeast 2nd Avenue, in downtown Miami. My residential address is
1627 Brickell Avenue. So, I live and work in the City of Miami. The... and by ordinance, four
of the twelve members will have one-year terms. Four will have two -years; four will have three-
year terms.
Commissioner Plummer: Is that by Statute?
Mr. Winton: By ordinance.
Commissioner Plummer: The reason I am... Eh? Well, by ordinance did we...? I thought we
changed to everybody was on a one-year renewal.
155 February 10, 1998
Mr. Winton: Not with...
Commissioner Plummer: Mr. City Attorney, when we changed the ordinance, did we exclude
DDA from a one-year renewal?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Not to my recollection. But, we can check
that. There were a couple of exceptions. There might be...
Commissioner Gort: My understanding is DDA and Off-street Parking... [phonetic]
Commissioner Plummer: No, those... Only those that were by State Statute.
Commissioner Gort: DDA, and Off-street Parking, they were both exempt from that.
Mr. Maxwell: OK, I can check and let you know, before you finish this item.
Commissioner Plummer: OK. All right. Hey, all I am asking for, in my opinion, is better
distribution. That's all I am asking. I have been promised it will be addressed by the board, and
I want to remind the board, that we still control your budget.
Commissioner Regalado: And, yes. To contribute to that process, I am removing, William
Pruitt.
Chairman Hernandez: All right, so we have William Pruitt, Raul Tercilla, as regular appointees
being removed from the list and the two alternates.
Commissioner Plummer: That's correct.
Chairman Hernandez: OK, do we have a motion?
Commissioner Gort: Move it
Commissioner Plummer: Second.
Chairman Hernandez: Motion by Commissioner Gort, seconded by Commissioner. All those in
favor say "aye."
The Commission (Collectively): Aye.
156 February 10, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-181
A RESOLUTION CONFIRMING THE APPOINTMENT OF CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE BOARD OF DIRECTORS OF
THE DOWNTOWN DEVELOPMENT AUTHORITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Wait a minute, Mr. Joseph, I think wanted to speak.
Mr. Fred Joseph: That's all right, it's after the vote. Commissioner, I do appreciate your input
into Park West, but remember, you are now the Commissioner for the Omni area. That's one
item, we are going to look for your help.
Commissioner Plummer: Sir, I am saying...
Mr. Joseph: Yeah, I know, we heard it on record.
Commissioner Plummer: That's right.
Mr. Joseph: And, that's what we want to hold it to. And, on the Omni Advisory Board, I want
to hold you to that, and I am glad to hear you are going to work towards it. Thank you, very
much.
Commissioner Plummer: Thank you, sir.
---------------------------------------------------------------------------------------------------------------
47. APPOINT ANGEL SAYON TO LITTLE HAVANA STANDING FESTIVAL
COMMITTEE.
Chairman Hernandez: Item 48, status report concerning City Attorney selection process. Vice
Chairman Teele.
Vice Chairman Teele: Yes, sir.
157 February 10, 1998
Commissioner Regalado: Mr. Chairman, Mr. Chairman, if I may? Before we go on to this
discussion, remember on the last meeting, we appointed a committee for Little Havana, a
Standing Festival Committee for Little Havana. And, we appointed several members and Luis
Sabines was appointed as the Chairman of that committee. On my...? My appointment was
Frank Lopez, who passed away very sudden, so I am nominating to that committee, Mr. Angel
Zayon, who is now an owner of the theater on Southwest 8th Street. So, I just... be noted on the
record that Mr. Zayon is now on the Little Havana Festival Standing Committee. Madam Clerk.
Vice Chairman Teele: Second the motion.
Commissioner Regalado: Thank you, sir.
Chairman Hernandez: There is a motion by Commissioner Regalado, seconded by Vice
Chairman Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-182
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE LITTLE HAVANA SPECIAL EVENTS ADVISORY COMMITTEE FOR A
TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
158 February 10, 1998
----------------------------------------------------------------------------------------------------------------
48. (A)ESTABLISH / SELECT ADVISORY COMMITTEE -- FOR REVIEW OF
APPLICATIONS FOR POSITION OF CITY ATTORNEY -- CONCLUDE
PROCESS BEFORE MARCH 17, 1998.
(B)APPOINT VICKY LEIVA /RUBEN OLIVA/ MRS. THOMPSON BRUTES /
JOE RODRIGUEZ / MANUEL DIAZ / TO CITY ATTORNEY SELECT
REVIEW COMMITTEE -- ONGOING DISCUSSION REGARDING
TERMINATION PACKAGE FOR FORMER CITY ATTORNEY.
(C)DISCUSS RECOMMENDATIONS TO IMPROVE OFFICE OF CITY
ATTORNEY.
(D)DISCUSS PROPOSED RESOLUTION TO MAKE WHOLE INTERIM
CITY ATTORNEY.
(E) VICE CHAIRMAN TEELE ANNOUNCES VISIT FROM SENATE
APPROPRIATIONS COMMITTEE STAFF ON FEBRUARY 13, 1998.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes.
Vice Chairman Teele: Thank you. I passed out a letter dated February the 9th entitled "City
Attorney Selection Process." In my capacity as the Chairman of the Legal Committee, I have
made this report to you and we have worked to develop a public notice which is... has been
advertised in several newspapers. Additionally, we have gone to the lengths of going to the
Florida Bar and getting all 1,200 names of the members of the Florida Bar Association of Local
Government section which is the section that any person who should aspire to be the attorney
should at least be familiar with, and we are mailing out directly to all 1,200 members of the
Florida Bar the notice. I would call to your attention that the notice does require the normal like
criteria including a demonstrated sensitivity to the social process, including international law
issues and issues relating to Civil Rights and Affirmative Action. The City Attorney is a
position of public trust and therefore, public integrity, ethics and reputation for good character,
generally in the legal community, must be beyond reproach. That should eliminate most of
them. And, we have adopted the date, the proposed timetable. I call your attention to the
timetable which specifically would require that the submissions be submitted by the 27th to the
Clerk's Office. They must be received by the Clerk's Office. A schedule is before you, and I
am specifically seeking your approval in the form of a resolution, the discussion as it relates to
the Select Committee. The Select Committee would include the two persons who chaired the
two committees or a person designated in the case of the Legal Affairs Committee of the
Oversight Board. I think Lynn Lewis who worked very closely with Commissioner Gort,
continues to deserve our commendation. And, in this regard, I think it would be most
unfortunate... I think it's most... It's an opportunity for us to have some continuity and that is, to
draw upon those persons. Today, before you is a resolution requesting that each Commissioner
appoint today, if possible, one person to serve on the Advisory Committee. This is a very tight
timetable. You could wait until possibly the next Commission meeting, but I really do hope that
we can begin to get started so that Committee can begin to meet, adopt its rules and procedures
and the Committee would be chaired by a former City Attorney, Lucia Dougherty who is
obviously someone that everyone said, everybody on the Commission worked well with. So...
Commissioner Plummer: No, it was his.
Vice Chairman Teele: Say, again?
159 February 10, 1998
Commissioner Plummer: It was your nomination.
Vice Chairman Teele: Well, they told me it was your best friend, that's why. I ain't no fool.
Commissioner Plummer: Well, I tell you, you couldn't do any better.
Commissioner Plummer: My nomination for that Committee would be Vicky Leiva, who is also
a former Assistant City Attorney.
Commissioner Gort: My nomination will be Ruben Oliva who is in the private sector.
Commissioner Plummer: Is that it?
Vice Chairman Teele: My nomination will be Mrs. Thompson Brutus, [sp] who is employed
with the Office of the Attorney General in Ft. Lauderdale, in Broward County, but a resident of
Miami.
Commissioner Plummer: Chairman.
Chairman Hernandez: Attorney Joe Rodriguez.
Commissioner Plummer: The only question I have, Arthur, is there anyway that we could
expedite this and make it quicker? I just...
Vice Chairman Teele: We have briefed the Oversight Board Legal Committee on this. This is a
very tight timetable, and what we want to do is, is really do want to have a selection process. I
think you are going to be pleasantly surprised that people from across the State are going to want
to be interested. And, I think the point about the Manager's discussion today, the City of Miami
is still the most prestigious City to serve in, particularly at the City Manager and the City
Attorney level. And, I think we do ourselves and the citizens of this community a real service by
ensuring that everyone has an opportunity. It's a tight schedule. The City Manager... The City
Clerk and the Acting City Attorney have both said this is very, very tight. We will try to move
it, compress it even more. And, I know that your relationship with the Chairman of the
Committee, you will be able to influence compressing it.
Commissioner Plummer: I just think the sooner the better that we can get that person in the chair
and get it seated and get it going is the better off we are going to be.
Vice Chairman Teele: Well, I don't really agree, but I don't disagree, and let me tell you why.
The... This City under the Oversight Board must conduct a top to bottom review called a
strategic review. We have worked with the External Auditor. It's really going to be better to
have the strategic review going on right now, which they are supposed to be working on in the
City Attorney's Office, so that when we have a City Attorney we can do pretty much the same
thing we did with the City Manager, and say, here is the Gort findings, here is the strategic
review. We want you to have read this, review it. We want you to agree to it, so that the City
Attorney can hit the ground running and not spend a lot of time coming up with a lot of ideas
about what's right and what's wrong. So...
Commissioner Plummer: So be it. I move that the names proffered...
Mr. Joel Maxwell (Interim City Attorney): Commissioner... One more name.
Vice Chairman Teele: Well, let me do this. You have two other... You have one other
Commissioner. But, I think we need to adopt a resolution...
160 February 10, 1998
Commissioner Gort: Move it.
Vice Chairman Teele: And, moved by Commissioner Gort.
Commissioner Plummer: Second.
Chairman Hernandez: Second.
Vice Chairman Teele: Seconded by the Chairman.
Commissioner Regalado: Is that about the names, Mr. Vice Chairman?
Vice Chairman Teele: This is on the Resolution itself. And, then that is moved and adopted.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-183
A RESOLUTION ESTABLISHING A SELECT ADVISORY COMMITTEE TO
CONDUCT A REVIEW OF APPLICATIONS FOR THE POSITION OF CITY
ATTORNEY INCLUDING PERSONAL INTERVIEWS OF THE APPLICANTS;
APPOINTING INDIVIDUALS AND DESIGNATING THE CHAIRPERSON
THEREOF; FURTHER REQUESTING SAID COMMITTEE TO: (A) FOLLOW
CERTAIN CRITERIA IN ITS CONSIDERATION; (B) RECOMMEND NO LESS
THAN THREE AND NO MORE THAN FIVE APPLICANTS FOR SAID POSITION;
AND (C) CONCLUDE ITS PROCESS, IF POSSIBLE, BEFORE MARCH 17,1998.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: And, then the names that have been proffered.
Commissioner Plummer: Move them.
Vice Chairman Teele: We are down to all of them but one. Could we give Commissioner
Regalado an opportunity.
161 February 10, 1998
Commissioner Regalado: Sure. For the appointment, Mr. Vice Chairman?
Vice Chairman Teele: Yes, sir.
Commissioner Regalado: Manuel Diaz.
Chairman Hernandez: Vice Chairman Teele, I had a question. I read the advertisement that
came up referenced this position, and I wondered if you could give me just a little background on
what actually is demonstrated sensitivities to social process including the area of International
Law?
Vice Chairman Teele: I think we want somebody that doesn't... I mean, I am not saying that we
want a home grown boy or a home grown lady, but the fact of the matter is...
Commissioner Plummer: I do.
Vice Chairman Teele: ... is that we cannot afford to bring someone here that doesn't understand
the importance of the "Free Cuba Committee" for example. That doesn't understand the
importance of the Anti -Cuba, the Cuban Embargo or the various treasury rules that relate to
Cuba and the United States position in that. We also need to have someone who is sensitive to
the issues in Nicaragua and in Haiti. That doesn't mean that we need an immigration lawyer or
an expert. But, we certainly need someone much more so than the City Attorney of Polatka, for
example, would need.
Chairman Hernandez: Absolutely.
Vice Chairman Teele: There is no disrespect to Polatka.
Commissioner Gort: Mr. Chairman.
Chairman Hernandez: Yes, Vice Chairman. I mean, Commissioner Gort.
Commissioner Gort: For discussion. I understand what J.L., is saying that we should expedite it,
but at the same time, you all instructed me to sit down with the Acting City Attorney, and try
to... for us to implement as many recommendations as possible. I want you to know, I did have
a meeting with him and I think he has got a report for all of us today. I feel very comfortable
with the person that we have as the Acting City Attorney, and I want to make sure that when we
select a City Attorney, we select the best. So, I am not... I want to expedite it, but at the same
time I want to make sure we do a process and it is the best.
Vice Chairman Teele: Mr. Chairman, if I may? There is also one other matter. I will be coming
back to you hopefully in the next Commission meeting. There have been ongoing discussions
with the previous attorney, as I was instructed with the Mayor. We will be coming back with a
resolution hopefully in the next meeting, but we also will be coming back with a resolution to try
to make the Interim City Attorney whole, who has sustained a substantial loss in economic
opportunity on a long planned family cruise or something that he wound up losing revenues on,
and we would like to make him whole.
Commissioner Plummer: Give him five dollars ($5).
Chairman Hernandez: Item 49, I believe is yours, Vice Chairman...
Mr. Maxwell: Roll call vote.
162 February 10, 1998
Chairman Hernandez: There is a roll call.
Mr. Walter J. Foeman (City Clerk): Roll... Yeah, on the composition of the board.
Commissioner Plummer: What's the roll call on, the City Attorney, making him whole?
Mr. Foeman: It's on the Committee composition.
Commissioner Plummer: I will put him in a hole.
Mr. Maxwell: On your committee, you can vote on it.
Commissioner Gort: You are good at that.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-184
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE SELECT
ADVISORY COMMITTEE TO CONDUCT A REVIEW OF APPLICATIONS FOR
THE POSITION OF CITY ATTORNEY:
VICKY LEIVA (nominated by Commissioner Plummer)
RUBEN OLIVA (nominated by Commissioner Gort)
MRS. THOMPSON BRUTUS (nominated by Vice Chairman Teele)
JOE RODRIGUEZ (nominated by Chairman Hernandez)
MANUEL DIAZ (nominated by Commissioner Regalado)
Upon being seconded by Chairman Hernandez, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: Item 49.
Mr. Joel Maxwell (Interim City Attorney): Mr. Chairman.
Chairman Hernandez: Yes.
Mr. Maxwell: I was asked as Commissioner Gort just pointed out to you. I have been working
with two Commissioners on two separate committees since my appointment two weeks ago.
And, one of course, was Commissioner Teele, Vice Chairman Teele as Chairman of the Legal
Committee, and also with Commissioner Gort, and who was given the directive by the
Commission to work in the implementation of recommendations of the Oversight Board. And,
there are a couple of things that I want to bring to your attention. There were 21
recommendations made by the Oversight Board. Many of them, and you have them deal with
matters that would be best left to the permanent City Attorney when that City Attorney is
163 February 10, 1998
appointed. But, there are others that we have immediately attempted to initiate the
implementation of, and I just want to briefly, to... so, I can be brief it on to let you know what
has occurred. Immediately after my appointment we met with staff. It was necessary I thought
to settle them down and let them know exactly what was expected of them during this interim
period, and I believe they responded well to that. There has been tremendous criticism of the
office and morale is down as you well know. As the report pointed out, they have worked well
and they are dedicated and they have sustained some economic or substantial economic injury
that we certainly hope that the future City Attorney will deal with on an immediate basis. As
was pointed out in a newspaper article, they have not had raises, be it cost of living, be it merit,
be it anything since 1994. No department in the City to my knowledge has sustained that, none.
Commissioner Plummer: Yes, there is. Yes, there is.
Mr. Maxwell: Oh, well, maybe there is another.
Commissioner Plummer: The City Commission. We haven't had a raise since 1949.
Mr. Maxwell: I stand corrected on that. But, what we immediately did, Commissioners, was to
let them know to address the... one of the pressing problems of the Oversight Board, was the
matter of political activity on the part of staff, on the part of attorneys and they were, under no
uncertain terms advised that that would not be tolerated. There would be no political activity,
whether it was on the part of them seeking individually the position of City Attorney or working
in political elections on the outside. Now, there are certain First Amendment Rights and
Constitutional Rights as you know that we have to deal with there, so they aren't totally
prohibited from doing that. The Deputy City Attorneys and the Division Chiefs have been
delegated specific responsibilities. That's something that the board had a problem with before.
We have moved to implement a CLE (Continuing Legal Education) library with audio tapes and
video tapes. And, that's something we had going, but we weren't pursuing to the extent that we
are now, and we can shift funds from trips to do that as well. So, that's being addressed. We are
increasing the network with other local government law practitioners as was suggested and
concerns regarding the administration of the office, that is the staff administrations have also
been addressed. Before, there was some concern that the Office Manager did not have the
authority to really implement policies, that it would be overridden by the City Attorney. The
Office Manager has been on no uncertain terms been given that authority. So, we are moving
to... We are moving to implement the strategic report.
Commissioner Plummer: And, Mr. Interim City Attorney, we want you to know that you and all
the other City Attorneys, we appreciate how much you have done. Thank you. No money, but
thank you.
Vice Chairman Teele: On the point, we would like to just advise the Commission and the
public, that again, relating to the Legal Department, and the... that we will be offering... Well,
first of all, there will be a committee meeting on Tuesday, February 17th at 2:00 p.m., here in the
Chambers of the Legal Committee, and we will be asking the legal staff to provide
documentation particularly relating to the issues that have been outlined. And, moving forward,
Commissioner... Chairman Hernandez is specifically asked to give us some direction...
Chairman Hernandez: Yes.
Vice Chairman Teele: ... regarding how you would propose that we move forward. One of the
matters that we intend to invoke, unless there is objection from two members of the
Commission, is the Cone of Silence once the new City Attorney has been named, placed on the
Commission for one year, prohibiting any discussion on or relating to the employees or potential
new hires or any of that. I think that is very important that the Commission as well as the
164 February 10, 1998
Mayor, as well as any other person refrain from that. That has been highlighted as one of the
sources of problems, there is no fingers being pointed at anyone. But, I think we all should
invoke a Cone of Silence on that issue. And, I would particularly note that the press seems to be
focusing on the Commission. I think there are a lot of other issues that they should look at
relating to the office. And, finally, not directly related to the Legal Committee, we are asking
that one of the senior members of the Congress come down on Friday, the Appropriations
Committee. And, Mr. Manager, we asking one of the Appropriation Committee staffs to come
down as we begin to put our federal legislative program together, and I would like to just make it
be known that a senior member of the Senate Appropriations Committee Staff will be down to
visit with me, and the CRA (Community Redevelopment Agency), and we want to make those
resources available to any Commissioner, or the Manager related to where we are going to be
moving. But, we are focussing in on the CRA, and it will be a senior member of the Senate
Appropriations Staff.
----------------------------------------------------------------------------------------------------------------
49. AUTHORIZE CITY MANAGER TO INSTRUCT CITY DEPARTMENTS AND
AGENCIES TO COORDINATE / PLAN / PRESENT BUSINESS
ENHANCEMENT COMMUNITY PLANNING WORKSHOP IN NE 2
AVENUE FROM CITY LINE TO NE 54 AVENUE -- FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND OTHER
PUBLIC DOLLARS ALONG SAID BUSINESS CORRIDOR -- ALLOCATE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS FOR
WORKSHOP -- FURTHER DIRECT MANAGER TO PLAN SIMILAR STUDY
IN EVERY COMMUNITY DEVELOPMENT TARGET AREA.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 49.
Vice Chairman Teele: Mr. Chairman, 49, 50 and 51, are related items. They get back to the
issue that we dealt with today. This is a request for... in effect, a review of corridors. This is not
related to a project, but to try to identify projects. One of the big items, for example, that we just
spent money on today, is on the Haitian Marketplace, which would be in one of these corridors,
but we need to try to develop a long-term and a strategic plan. I would ask that these items be
approved, that the funding come from CD (Community Development) program income provided
they are not considered administrative income or administrative expense. And, it would be my
hope that we could use someone on the architects selection committee to assist in this process, so
that it is clearly project money, and not administrative money. I would so move.
Commissioner Regalado: Second.
Chairman Hernandez: We have a motion by Vice Chairman...
Commissioner Regalado: And, Mr. Vice Chairman, I would ask for you expertise on trying to
bring this kind of action to the different areas of the City.
Vice Chairman Teele: And, I will look at this as a pilot item, but I believe we should do this in
all of the CD areas, not in every corridor. But, these are corridors that have been identified. The
15th Street Corridor, for example, is an area that the Urban League, and quite frankly, some
people from South Beach, as a humanitarian or charitable activity have been involved in. The
2nd Avenue, Mr. Goldman, Tony Goldman, has been working in that area. But, it's important
that we get all of the people at the table. The 54th Street, Northeast 2nd Avenue, is the area that
we talked about earlier today, and 17th Avenue is obviously one of the busiest corridors that we
165 February 10, 1998
have. And, we just need to try to come up with a comprehensive plan as to what we are going to
be doing in there. And, I would take as an instruction, the idea that we should plan one, or
studies in every CD area, and that we will begin in coming budget year to make those funds
available.
Chairman Hernandez: There is a motion by Vice Chairman Teele, seconded by Commissioner
Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-185
A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
DEPARTMENTS OF COMMUNITY DEVELOPMENT, PUBLIC WORKS,
PLANNING AND DEVELOPMENT, THE NEIGHBORHOOD ENHANCEMENT
TEAM ("NET"), AND OTHER DEPARTMENTS AS DEEMED APPROPRIATE, TO
COORDINATE AND JOINTLY PLAN AND PRESENT A BUSINESS
ENHANCEMENT COMMUNITY PLANNING WORKSHOP FOR PARTICIPATION
WITH THE BUSINESS COMMUNITY AND AREA RESIDENTS AS IT RELATES
TO NORTHEAST 2ND AVENUE, FROM CITY LINE TO NORTHWEST 54TH
STREET, MIAMI, FLORIDA, SAID WORKSHOP TO ADDRESS THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND OTHER PUBLIC
DOLLARS TO PRESERVE THE CULTURAL UNIQUENESS OF SAID AREA AND
INCREASE BUSINESS VIABILITY, CULTURE, TOURISM, TRADE AND
COMMERCE ALONG SAID BUSINESS CORRIDOR; ALLOCATING FUNDS
THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
THE COORDINATION AND PRESENTATION OF SAID WORKSHOP.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
166 February 10, 1998
----------------------------------------------------------------------------------------------------------------
50. AUTHORIZE CITY MANAGER TO INSTRUCT CITY DEPARTMENTS AND
AGENCIES TO COORDINATE / PLAN / PRESENT BUSINESS
ENHANCEMENT COMMUNITY PLANNING WORKSHOP IN NW 17
AVENUE BETWEEN STATE ROAD 112 AND NW 62 STREET -- FOR USE
OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRM FUNDS
AND OTHER PUBLIC DOLLARS ALONG SAID BUSINESS CORRIDOR --
ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
SAID WORKSHOP.
Chairman Hernandez: On item 50. Is there a motion?
Vice Chairman Teele: We have moved all three of them.
Chairman Hernandez: All three of them at the same time? All right, 49, 50 and 51. All of them
at the same time? All right, 49, 50 and 51.
Commissioner Gort: Under discussion.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Separate items.
Chairman Hernandez: Fifty. Item 50. There is a motion by Vice Chairman Teele, seconded by
Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-186
A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
DEPARTMENTS OF COMMUNITY DEVELOPMENT, PUBLIC WORKS,
PLANNING AND DEVELOPMENT, THE NEIGHBORHOOD ENHANCEMENT
TEAM ("NET"), AND OTHER DEPARTMENTS AS DEEMED APPROPRIATE, TO
COORDINATE AND JOINTLY PLAN AND PRESENT A MINI BUSINESS
ENHANCEMENT COMMUNITY PLANNING WORKSHOP FOR PARTICIPATION
WITH THE BUSINESS COMMUNITY AND AREA RESIDENTS AS IT RELATES
TO NORTHWEST 17TH AVENUE, BETWEEN STATE ROAD 112 AND
NORTHWEST 62ND STREET, MIAMI, FLORIDA, SAID WORKSHOP TO
ADDRESS THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AND OTHER PUBLIC DOLLARS TO PRESERVE THE CULTURAL UNIQUENESS
OF SAID AREA AND INCREASE BUSINESS AVAILABILITY, CULTURE,
TOURISM, TRADE AND COMMERCE ALONG SAID BUSINESS CORRIDOR;
ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE COORDINATION AND PRESENTATION OF
SAID WORKSHOP.
167 February 10, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
51. AUTHORIZE CITY MANAGER TO INSTRUCT CITY DEPARTMENTS AND
AGENCIES TO COORDINATE / PLAN /PRESENT BUSINESS
ENHANCEMENT COMMUNITY PLANNING WORKSHOP IN NW 15
AVENUE BETWEEN NW 62 AND 71 STREETS -- FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND OTHER
PUBLIC DOLLARS ALONG SAID BUSINESS CORRIDOR -- ALLOCATE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS FOR
SAID WORKSHOP.
Chairman Hernandez: Item 51. There is a motion by Vice Chairman Teele, seconded by
Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
168 February 10, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-187
A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
DEPARTMENTS OF COMMUNITY DEVELOPMENT, PUBLIC WORKS,
PLANNING AND DEVELOPMENT, THE NEIGHBORHOOD ENHANCEMENT
TEAM ("NET"), AND OTHER DEPARTMENTS AS DEEMED APPROPRIATE, TO
COORDINATE AND JOINTLY PLAN AND PRESENT A MINI BUSINESS
ENHANCEMENT COMMUNITY PLANNING WORKSHOP FOR PARTICIPATION
WITH THE BUSINESS COMMUNITY AND AREA RESIDENTS AS IT RELATES
TO NORTHWEST 15TH AVENUE, BETWEEN NORTHWEST 62ND AND 71ST
STREETS, MIAMI, FLORIDA, SAID WORKSHOP TO ADDRESS THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND OTHER PUBLIC
DOLLARS TO PRESERVE THE CULTURAL UNIQUENESS OF SAID AREA AND
INCREASE BUSINESS VIABILITY, CULTURE, TOURISM, TRADE AND
COMMERCE ALONG SAID BUSINESS CORRIDOR; ALLOCATING FUNDS
THEREFORE FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE COORDINATION AND PRESENTATION OF SAID WORKSHOP.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Gort: Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Gort: It is my understanding also, that this type of resolution to be provided in
the other targeted areas that we can identify corridors where they are going to be applying. Am I
correct?
Chairman Hernandez: That's correct.
Mr. Maxwell: I didn't understand that.
Commissioner Plummer: Read the pocket items.
Commissioner Gort: My understanding is, we passed these specific corridors, but my
understanding is, you all are coming back, and selecting corridors in other CD areas?
169 February 10, 1998
Mr. Jose Garcia -Pedrosa (City Manager): I didn't know if it was CD Target areas or Districts. I
am not sure what the Vice Chairman...
Commissioner Gort: Well, I think the Vice Chairman is talking about utilizing and maximizing
on the funds from CDBGs (Community Development Block Grants). So, there has got to be
CDBGs...
Mr. Garcia -Pedrosa: It has to be in the target areas.
Commissioner Gort: Am I correct, Mr. Chairman? Mr. Vice Chairman?
Vice Chairman Teele: In the target areas, these are strictly in target areas. And, the proviso in
this resolution, in each of those motions, was that there not be funds, CD funds, not from
administrative funds, but from program funds.
Commissioner Plummer: Are we in pocket items?
----------------------------------------------------------------------------------------------------------------
52. OVERRIDE MAYOR'S VETO OF RESOLUTION 98-104 (AFFIRMING
DECISION OF ZONING BOARD GRANTING SPECIAL EXCEPTION TO
PERMIT SUPPER CLUB AT 3131 COMMODORE PLAZA SLOPPY JOE'S) --
DIRECT CITY MANAGER TO ADDRESS CONCERNS OF RESIDENTS OF
SOUTH GROVE WITHIN 30 TO 45 DAY -- FURTHER COMMENTING ON
NEED FOR MAYOR TO CONSULT WITH CITY COMMISSIONERS
BEFORE EXERCISING VETO POWER.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Before we get into the pocket items, we have one more issue at hand.
And, we must deal with an item that we approved by a 3-2, vote in the last Commission meeting.
It was a special exception which was vetoed less than ten days ago by the Mayor, and the City
Clerk has directed me to place the item vetoed by the Mayor. And, we must act upon it. There
must be a motion or the veto passes. This is in reference to the issue of Sloppy Joe's
remaining... giving them an extra... the special exception giving them two hours extra in which
they can sell alcoholic beverages.
Commissioner Plummer: Mr. Chairman, I think one of the things that in the Mayor's document
which he provided, spoke to the possibility of all other such establishments be uniform across the
board. And, I know that that's the only area that I have got real complaints from, very rapidly. I
did not have complaints from the others. I am left at a disadvantage, I want to tell you that.
And, that is, in the fact that, this matter has come up and we have no alternative but to vote "yes"
or "no." I would have liked to have said that we could study this matter and have the public
come back in, all parties be involved. But, according to the City Attorney, I am not afforded that
opportunity, that I have to vote "yes" or "no" on the veto. And, I think that's unfortunate that I
have no other alternatives. So, you know, we will just have to take a vote. We are not voting as
I understand it, on all other five o'clock licenses. Am I correct? We are only voting on the one,
and yet, there will be others remaining in the Grove. How many are there, do we know? There
are four others besides Sloppy Joe's. Four others.
Mr. Jose Garcia -Pedrosa: I am told there is four others.
Commissioner Plummer: OK. So, in effect then, we are looking at as a detriment to that one
company, that he is not going to be afforded the same rights and privileges as the other four,
170 February 10, 1998
unless some... And, I don't know that you can legislate people out of business. I don't think you
can, once they are granted. Now, I don't know. But, I think there is a tremendous inequity here.
As I recall the hearing, when I voted for this issue, it was in fact predicated on the fact that they
could stay opened until five o'clock, they just couldn't serve alcohol beyond the three o'clock.
Now, one of the things that we did not have before, and I don't know that we are going to get it
today, was the area of question in reference to police complaints.
Ms. Jill Velasquez: We have them.
Commissioner Plummer: As... that since they have been opened. And, I can only tell you, that I
have not received any documents "yes" or "no" about complaints. Now, complaints don't mean
that they are any more than an alleged phone call. If you can supply me with police complaints
that are substantiated, as a real complaint directly related to this establishment. I would like to
see that, and it would have a bearing on my vote as to how I vote today. My real problem again,
is the fact that I am not afforded the opportunity to be fair and equitable across the board. We
are going to be leaving four companies who will have an economic advantage over one that has
been granted. And, I think that's unfair. So, I think we have to come up with uniformity in one
way, phase, shape or form. And, in saying that, I will listen to my colleagues. If you have such
a document about police complaints, I would like to get it from the Police Department. Those
that are substantiated, I would like to see it, while the others are talking, I would like to be able
to. Thank you, Mr. Chairman.
Mr. Garcia -Pedrosa: We have some information pending on that.
Chairman Hernandez: Captain.
Commissioner Plummer: It was not available at the last Commission meeting.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Please, you need to... This is not a public
hearing on that particular item now.
Chairman Hernandez: OK.
Mr. Maxwell: The only item, the only thing before you...
Chairman Hernandez: Is it that we vote to override, or not to override.
Mr. Maxwell: I know. But, I wanted to make sure that it is clear, because this is the first time
we have had a veto before this Commission.
Chairman Hernandez: OK.
Commissioner Plummer: Well, you know, but, let's be fair.
Mr. Maxwell: It's important that you follow the procedures on that.
Commissioner Plummer: We asked for this information at the last Commission meeting, and it
was not available. All right. So, now you are going to cut me off of asking what I think are very
factual information in my determination. But, if that's... you know. I think this damn system
has got to be changed.
Mr. Maxwell: No, no. I... What I am saying is...
171 February 10, 1998
Commissioner Plummer: When I don't have the opportunity to sit up here, and get my
information, and deal with it accordingly. So... But, I play by the game, if that's the rules, I
can't do it, I can't do it, OK?
Mr. Maxwell: No, I... Let me finish, Commissioner. What I am saying is, you are asking for
specific information. You have a right to ask for that information, and the police can respond.
But, you must remember, you can't tamper with the resolution that was passed on the 27th.
Commissioner Plummer: No, no. Excuse me. I am not tampering with that. I am tampering
with a veto of the Mayor. That's all I am addressing here today. And, I understand that, all
right. That I either have to vote to uphold the Mayor, or override the veto.
Mr. Maxwell: That's correct.
Commissioner Plummer: So, that's what I am voting on. But, I was asking for additional
information predicated on, it was not available at the 27th meeting, as I recall. And, if's
available, fine. And, if its' not available, well, I asked.
Police Capt. Longueira: Commissioner, I have got some printouts on calls for service to that
address, since I believe it opened in July of '97. And, the citizens have the same information.
They asked me to review it.
Commissioner Plummer: Thanks, I don't have it. So...
Police Capt. Longueira: Of all of those calls... There are 52 calls to that address for the whole
time period. But, in order to be... try to be specific to this issue, I looked at all calls that
happened after midnight.
Commissioner Plummer: OK.
Police Capt. Longueira: OK. Of those calls, three of the calls were 32's - assaults; four of the
calls were 27's - some kind of a theft, you know, theft from a purse, theft from a car; seven of
the calls were 14's which normally is an arrest type of situation, OK. Three of the calls were
34's - disturbances. It could be two guys, it could be a husband and a wife, it could be the
bartender and a customer, but disturbances. One of the calls was an alarm. One of the calls was
a suspicious person. One A, suspicious vehicle. Three of them were information type calls,
where we just wrote a report, but it wasn't a specific violation. And, one of them was apparently
a stop of a vehicle right in front of the business.
Commissioner Plummer: So, that's not...
Police Capt. Longueira: Those are the calls that happened after midnight, till five in the
morning, for a little over six months. Out of the 52 calls, 24 of them occurred in that time
period.
Commissioner Plummer: Thank you.
Police Capt. Longueira: That's the specifics of the information.
Commissioner Plummer: Thank you, sir.
Chairman Hernandez: Do we have a motion by any of the Commissioners on the board to
override the veto of the Mayor.
172 February 10, 1998
Vice Chairman Teele: Move we adjourn.
Commissioner Regalado: We still have the pocket items.
Chairman Hernandez: Is there a motion?
Commissioner Regalado: Motion to override.
Commissioner Gort: I am going to second the motion. And, I am going to tell you why I am
going to second the motion.
Chairman Hernandez: There is no motion.
Mr. Maxwell: There is no motion.
Commissioner Gort: There is no motion?
Mr. Maxwell: There is no motion.
Commissioner Gort: There is a motion.
Commissioner Regalado: I did.
Chairman Hernandez: Oh, you motioned?
Commissioner Regalado: Yeah, I did.
Chairman Hernandez: Oh, there is a motion by Regalado.
Commissioner Gort: As I remember on that particular evening, I voted against two cases. One,
it was this case, what my understanding is, there are four others businesses in that area, they have
the same rights that this gentleman is applying for. And, then the other one was in an area where
that did not exist, and it was granted. And, that was not vetoed. So, to me, it is very difficult to
understand that. For that reason, I second the motion.
Ms. Velasquez: Excuse me. May I say, something?
Chairman Hernandez: No. No, ma'am. We have a motion, we have a second.
Vice Chairman Teele: On the second.
Chairman Hernandez: Roll... Under discussion.
Vice Chairman Teele: Mr. Chairman, let me say this. Now, I take note of what I have read in
the press. I would hope, and if I can ever find any evidence that the Mayor is using his veto, I
will be voting to override every veto that the Mayor does, if it's for political purposes. I don't
know who supported who, I have no idea. I voted against the one in Coconut Grove. I voted
against the one in Allapattah, as I remember. I think Commissioner Gort and I voted. I think I...
Chairman Hernandez: Yeah.
Vice Chairman Teele: ... voted with... on both of those items. I believe that each of those items
has to stand on their own merit, and based upon their own circumstances. I would hope that the
Mayor is not using vetos to reward friends or to punish enemies. And, I want to be very, very
173 February 10, 1998
clear, that I am supporting the veto, because I fundamentally believe that on the merits, we
should not further impact communities. I didn't vote to put any of those facilities there, that are
operating after two o'clock. I realize there are some there, but two wrongs don't make a right.
So, as far as I am concerned, everybody can vote the way they do, but I would hope for the
record, that the Mayor is not using his veto for political purposes.
Chairman Hernandez: Roll call. Before we take the roll call, I am just going to read this into the
record, because that's how it's supposed to be phrased. The motion by Commissioner Regalado
should read, that he moves: "... that the resolution be adopted and become effective not
withstanding the veto of the Mayor." We have a motion and a second. Roll call, please.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Regalado: Yes.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Vice Chairman Teele: No, sir.
Chairman Hernandez: No.
Mr. Maxwell: The veto stands.
Commissioner Plummer: Now we have got pocket items.
Chairman Hernandez: Wait a second. What was the vote?
Vice Chairman Teele: It takes five... It takes four votes.
Chairman Hernandez: Hold, hold on a second. What...?
Vice Chairman Teele: I am "no" with you.
Chairman Hernandez: The motion. Your motion is to override?
Commissioner Plummer: Yes.
Mr. Foeman: That's right.
Chairman Hernandez: I vote, "yes."
Vice Chairman Teele: Hey, how many votes you get?
Commissioner Plummer: I don't under..
Commissioner Gort: Pocket items.
Chairman Hernandez: Two pocket items.
Commissioner Plummer: I don't understand.
Vice Chairman Teele: Mr. Chairman, I just want to know now, is the vote "yes" or "no"?
174 February 10, 1998
Chairman Hernandez: The vote is a "yes."
Vice Chairman Teele: So, the veto is overridden?
Mr. Foeman: That's correct.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-188
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF ALL
COMMISSIONERS PRESENT, OVERRIDING THE MAYORAL VETO OF
RESOLUTION NO. 98-104, ADOPTED ON JANUARY 27, 1998.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: All right, I am going to make one other statement. I feel it most
unfortunate that the unity of this City Commission is not as strong after this vote, as it was
before. It hurt me in a way to override the Mayor's veto. I did not know about the Mayor's veto
until, Monday morning, which did not give me the opportunity to discuss with him, my feelings
on something in my district. When I read about this, and the first that I knew of this, is what I
read in the paper that he had issued the veto. I would hope for the purposes of unity of this
Commission and the Mayor's Office, that in the future, that the Mayor would consult with us as
to our feelings. He is still free to do what he wants to do as Mayor. But, I think that if he is
looking to us to act, in the best interest of this City, I would strongly suggest that he do in fact,
consult with us, and ask us our opinions. I do feel that's very important.
Vice Chairman Teele: Second the motion.
Commissioner Plummer: I would like to see this Commission be as unified as it has been since
last November. And, I did not enjoy making this vote today, but I felt strongly that in fact, I had
supported it before, I had nothing to change my mind, and I supported the... actually the
applicant today, is what I did. But, I didn't like the idea of having to override the Mayor, so, in
the future, maybe we can have better communications, that way, at least, he will know how we
feel, before he reads about it in the paper.
Commissioner Regalado: Mr. Chairman, if I may, just a comment? I do feel like Commissioner
Plummer, also that it's very difficult for this Commission, because we have been trying, and we
have worked, and the Mayor's Office has a lot of memos from myself regarding a lot of his
175 February 10, 1998
projects and supporting most of his projects. And, I just wanted to say on the record, that I don't
believe that this was a political move by the Mayor, and that I for one, did not vote just because
the Mayor vetoed that action that the Commission took. What I did is because I think that we
need a comprehensive study, if we are going to leave everybody open until five a.m., let's do it.
If not, let's close everybody at three a.m., and I, this is not personal against the Mayor. And, I
think that eventually, the City administration will have to do a study whether or not the hours of
operation of some of these places should be five a.m., or three a.m. Thank you, Mr. Chairman.
Commissioner Plummer: Pocket items.
Commissioner Gort: Mr. Chairman, I would like to add the same thing. I don't think this was
politically motivated. I think that the Mayor did their homework, but at the same time, I want to
add to what J.L., stated. I think that we ought to be consulted. We got to be talked to, especially
when it's in our districts. And, if it's uniform, I think that if he wants to eliminate it, and I'll be
in favor of it if it can be done, and bring all them to three o'clock, I don't have any problem with
that. But, let's do it for everybody. Let's not go against one person, and take the privilege away
from one individual.
Commissioner Plummer: Well, I think there is one other think to remember, as I recall. There
was a provision in there of a one year review on the issue. If in fact, you know, we still have a
bite at the apple, if they don't do what they are supposed to do, and they are not acting, then they
have... we have the right to remove that, which we granted. I just simply say again, I supported
the issue at the 27th meeting, and I had nothing to really change my mind at this time.
Commissioner Gort: Also, I think it would be very important in the future, the zoning hearings
that we have here, that we have the police reports, NET (Neighborhood Enhancement Team)
reports, and all the other reports that affects our decision. And, I think it is very important to
have all those in zoning hearings.
Commissioner Plummer: Are we up to pocket items?
Chairman Hernandez: We are up to pocket items.
Ms. Velasquez: Mr. Chairman, may I say something, just as a resident?
Chairman Hernandez: Sure.
Ms. Velasquez: I don't think that it's fair that the residential community has to suffer because
the Commissioners can't agree, or they are not happy with the way the Mayor did something.
We went to the Mayor because the Commissioners weren't doing something for us. You don't
have all the facts, and we haven't been able to get them to you, because we have been cut off or
we have been shut off, or we have been told... There is a reason why we went after this bar. We
agree, all bars should close at two o'clock, like other cities.
Commissioner Plummer: Three, three.
Ms. Velasquez: But, two o'clock is when other cities close. Two o'clock would be a great hour.
We would deal with three. But, there is a reason why we chose this one, and it's because, we
went after this one because this one is the one closest to our community. I don't know about the
other bars. I don't live within the square footage of those, OK. Unfortunately, I can't do every
bar in town. But, this one is affecting my community, it's affecting the South Grove. It's
affecting Camp Biscayne. It's affecting Franklin Avenue, and it's affecting Arbitare. And,
that's why we went after this particular bar. We gave you the police reports. I don't know what
more you need.
176 February 10, 1998
Mr. Manuel Alonso-Poch: Mr. Chairman, can I address the Commission?
Chairman Hernandez: Hold on a second. We have already voted.
Commissioner Plummer: Mr. Chairman, I thought this was not going to be a public hearing
Chairman Hernandez: This is a... Listen. Yeah. Ma'am, just name and address for the record,
so we know who you are, please.
Ms. Velasquez: Jill Velasquez, 3505 Main Highway. That's the community of Camp Biscayne.
Chairman Hernandez: Mr. Manager, if this... This item has already been voted upon, and it's...
We are going to move on to pocket items. But, the bottom line is, I think everyone up here read
the memorandum from the Mayor, when he chose to veto this item. There are social concerns
obviously in the area of Coconut Grove, we are not blind to the fact of what's going in Coconut
Grove. Commissioner Plummer is the Commissioner of that district. I think, it would behoove
the administration as well as this Commission to request some kind of comprehensive study at
this point in time, to see what is going on in Coconut Grove. We have already taken a vote, and
the bottom line is, if you can come back with some kind of report within the next 30, 45 days to
see what, if anything, can be done, to alleviate the area, and the concerns of Ms. Velasquez.
Ms. Velasquez: It's not... Sir, it's just not my concerns. I speak for the South Grove, at least
most of the South Grove. And, I speak for the communities I have named, OK. This is... This, I
don't understand. The South Grove is a large area of the Grove, and I don't understand why...
what we have to say and how we feel means nothing. We are taxpaying citizens. And, Coconut
Grove is a very residential community with a lot of schools. And, we don't like what is
happening. I told you, we would like to see all, all five a.m., variances abolished. However, this
one we went after because it is closest to our homes. You can question Ellie Haydock, our NET
Officer. I mean, I don't understand this. We are the ones that vote, we are the one that pay the
high taxes. You should be all listening to us. I am only representing them, because I have the
time and I have the energy. But, after this episode, I don't know. Because, I can't understand
the way, with the exception of Commissioner Teele, who I praise, no I praise...
Vice Chairman Teele: All right, don't make them mad at me up here. I have got to live here,
you are going to leave.
Ms. Velazquez: No, I praise you, Commissioner Teele. I praise you.
----------------------------------------------------------------------------------------------------------------
53. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH ISABEL DE
LARA FOR INTERNATIONAL TRADE BOARD -- ALLOCATE $4,166
FROM INTERNATIONAL TRADE BOARD BUDGET YEAR 97-98.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Pocket items. Commissioner Plummer.
Commissioner Plummer: Mr. Chairman, as you know, I have been trying to get the International
Trade Board settled, and I have a problem of getting my salaries paid. So, what I am saying to
you is, I need this resolution, so that I can pay my people.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE
PUBLIC RECORD.]
177 February 10, 1998
Commissioner Plummer: In effect, what this does to my colleagues, the Manager feels that he
will have the financial wherewith of the ITB (International Trade Board) finished by the end of
March, and this would keep my bare bone staff together. I have two people there, for the
remaining time until the actual full budget is approved. So, I ask my colleagues. I move this in
the form of a motion.
Vice Chairman Teele: Second the motion.
Chairman Hernandez: Moved by Commissioner Plummer, second by Vice Chairman Teele. All
those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-189
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ISABEL F. DE LARA,
ADMINISTRATIVE ASSISTANT FOR THE INTERNATIONAL TRADE BOARD
(ITB), THEREBY EXTENDING THE TERM OF SAID AGREEMENT TWO
ADDITIONAL MONTHS, FEBRUARY 8, 1998 THROUGH APRIL 8, 1998, AND
INCREASING COMPENSATION, IN THE AMOUNT OF $4,166, FOR THE
EXTENDED PERIOD; ALLOCATING FUNDS THEREFOR FROM THE ITB
BUDGET, FISCAL YEAR 1997/1998.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Is that forty-one a month, or for the two month period?
Commissioner Plummer: That's for the two month period.
Chairman Hernandez: Is that it?
Commissioner Plummer: Yeah, that's all I have.
Chairman Hernandez: Commissioner Gort.
178 February 10, 1998
---------------------------------------------------------------------------------------------------------------
54. AUTHORIZE CITY MANAGER TO CREATE HEARING OFFICER
POSITION -- FOR SETTLEMENT OF SOLID WASTE BILLING DISPUTES.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I have got a pocket item. It comes from the administration. It's a
resolution authorizing the City Manager to execute... A resolution authorizing the City Manager
to execute... no, that's not the one. There we go. Authorizing the City Manager to create and
establish a position of Hearing Officer who shall hear the disputes on bills issued by the Solid
Waste Task Force, takes testimony of grievances of property owners. Determine the total
number of dwelling units for Solid Waste billing purposes. Determine the number of years or
arrears for which the property owner is liable. Consider any special circumstances that result in
the undue burden of the property owner. Further making all decisions of the Hearing Officer
final. In other words, one of the biggest problems that we have had in the past is all these... with
the special task force going to the different neighborhoods. The inspector sometimes stating that
there was an additional apartment and people were billed retroactive for waste. And, we should
have a process like Commissioner Teele has stated, Vice Chairman Teele, in the past for the fire
fee. We got to have a process where people have the right to come and appeal, and given a
chance if they have to, to make payments.
Vice Chairman Teele: Second the motion. Has this gone through legal?
Mr. Joel Maxwell, Esq. (Interim City Attorney): We got it today, Mr. Vice Chairman. What I
would suggest on this, after reading it, is that it may require...
Vice Chairman Teele: It's going to be an ordinance.
Mr. Maxwell: ... in addition to the resolution...
Commissioner Gort: Yeah.
Mr. Maxwell: ... it's going to require probably some code changes, so we should get direction
from the Commission regarding those code amendments as well.
Vice Chairman Teele: To codify it and make it an ordinance...
Mr. Maxwell: Yes, sir. That's correct.
Vice Chairman Teele: ... and to further name the ordinance the... Is it Rasco?
Mr. Jose Garcia -Pedrosa (City Manager):
Vice Chairman Teele: Is your Special Assistant, Mr. Manager, Ms. Rasco?
Mr. Garcia -Pedrosa: You mean, Cuervo?
Commissioner Plummer: Who? What's her name?
Vice Chairman Teele: I want to name this the Potter Rasco. Is it...? What's your special, your
Chief -of -Staff...
179 February 10, 1998
Mr. Maxwell: Oh, Galvez.
Vice Chairman Teele: ... the lady you brought on your staff?
Mr. Garcia -Pedrosa: Christina Cuervo.
Vice Chairman Teele: No, not her. The...
Mr. Garcia -Pedrosa: Neyda Galvez.
Vice Chairman Teele: Oh, Galvez. The Galvez Potter Commission.
Commissioner Plummer: Oh, is that the one we are firing?
Vice Chairman Teele: Yeah. Name it for the two of them.
Commissioner Plummer: Is that the heart relief bond?
Vice Chairman Teele: Because, you know, this really is necessary. And, I commend you,
Commissioner Gort because a lot of times they are just mix-ups and foul-ups And, what we saw
with Mr. Potter was really unnecessary, but this would correct that.
Commissioner Plummer: Are we adjourned?
Chairman Hernandez: No.
Commissioner Regalado: No.
Chairman Hernandez: Commissioner Regalado.
Commissioner Plummer: There is a little Greek restaurant over there that's calling for me.
Chairman Hernandez: There is a motion by Commissioner Gort, seconded by Vice Chairman
Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
180 February 10, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-190
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CREATE AND
ESTABLISH A POSITION OF HEARING OFFICER WHO SHALL: HEAR
DISPUTES OF BILLS ISSUED BY THE SOLID WASTE TASK FORCE; TAKE
TESTIMONY OF AGGRIEVED PROPERTY OWNERS; DETERMINE THE TOTAL
NUMBER OF DWELLING UNITS FOR SOLID WASTE BILLING PURPOSES;
DETERMINE THE NUMBER OF YEARS OF ARREARS FOR WHICH THE
PROPERTY OWNER IS LIABLE; AND CONSIDER ANY SPECIAL
CIRCUMSTANCES THAT RESULT IN AN UNDUE BURDEN UPON THE
PROPERTY OWNER; MAKING ALL DECISIONS OF THE HEARING OFFICER
FINAL; PROVIDING FOR SAID POSITION TO BE ABOLISHED UPON
DISSOLUTION OF THE SOLID WASTE TASK FORCE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
55. DIRECT CITY MANAGER TO NEGOTIATE AGREEMENT WITH
INTERNATIONAL BALLET FESTIVAL -- FOR USE OF MANUEL ARTIME
COMMUNITY CENTER THEATER.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: I, Mr. Chairman, I have a pocket item. It's a very simple one. The
International Ballet Festival of Miami is now located in Southwest 27th Avenue and 10th Street.
They want to move to the Manuel Artime Community Center. Christina Abrams, from our
Public Facilities have been talking to the people that will be using the Artime. They will be
paying the City. This pocket item, it only propose a motion directing the City Manager to
negotiate a "Use Agreement" with that Ballet Festival of Miami for the use of the Manuel Artime
Community based on the following list of proposed terms. And, you have the list in your...
Vice Chairman Teele: Second the motion, Mr. Chairman.
Commissioner Regalado: Thank you.
181 February 10, 1998
Chairman Hernandez: There is a motion by Commissioner Regalado, second by Vice Chairman
Teele, all those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-191
A MOTION DIRECTING THE CITY MANAGER TO NEGOTIATE A USE
AGREEMENT WITH INTERNATIONAL BALLET FESTIVAL OF MIAMI FOR THE
USE OF THE MANUEL ARTIME COMMUNITY CENTER THEATER BASED ON
THE TERMS AS LISTED IN HANDOUT DURING TODAY'S MEETING TITLED
"MANUEL ARTIME COMMUNITY CENTER USE AGREEMENT WITH
INTERNATIONAL BALLET FESTIVAL OF MIAMI" ON FILE IN THE OFFICE OF
THE CITY CLERK.
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
56. COMMENTS REGARDING SEVERANCE PAY PACKAGE FOR CITY
MANAGER -- INSTRUCTIONS TO CITY MANAGER RELATED TO
CATEGORY I BENEFITS PACKAGE TO BECOME EFFECTIVE OCTOBER
1, 1998 -- SEE LABEL 37.
Commissioner Plummer: All right, are we adjourned?
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: No, we have, Vice Chairman Teele, and my pocket item.
Vice Chairman Teele: Mr. Chairman, on the benefits package. I want to be very clear on the
record. I support the Manager's package. My only objection, I fully support the package, Mr.
Manager. My only objection was the precedent that it created as it related to the severance.
And, I am just not sure how that's going to play out on some things that are under consideration.
But, my pocket item would be to remove the remainder of Category I, effective October 1, with
instructions for the Manager to prepare the budget in accordance with that. That's one item only,
that's the City...
182 February 10, 1998
Commissioner Plummer: Which October, '97 or '98?
Vice Chairman Teele: Ninety-eight.
Mr. Jose Garcia -Pedrosa (City Manager): When you say remove, make it begin on October 1.
Vice Chairman Teele: Yeah. As it relates to the one category that was not covered.
Commissioner Plummer: But, is that '97 or '98?
Chairman Hernandez: Ninety-eight.
Vice Chairman Teele: Ninety-eight.
Commissioner Plummer: October 1, of '98.
Vice Chairman Teele: October 1, of '98.
Commissioner Plummer: Are we ready to adjourn.
Chairman Hernandez: I have a....
Vice Chairman Teele: Can we get a second to the motion?
Chairman Hernandez: I have a motion by Vice Chairman Teele, and a second by Commissioner
Plummer.
Commissioner Plummer: Why should we worry about severance pay, if he isn't going to quit?
Chairman Hernandez: All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-192
A MOTION RELATED TO THE CATEGORY 1 BENEFITS PACKAGE, DIRECTING
THE CITY MANAGER TO REMOVE (MAKE EFFECTIVE OCTOBER 1, 1998) THE
REMAINDER OF CATEGORY 1 THAT WAS NOT COVERED IN PRIOR
RESOLUTION NO. 98-171; FURTHER INSTRUCTING THE MANAGER TO
PREPARE THE BUDGET IN ACCORDANCE WITH SAID STIPULATION, WHICH
WILL APPLY TO THE CITY COMMISSION.
183 February 10, 1998
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
57. GRANT MAYOR OUTSIDE EMPLOYMENT RIGHTS SIMILAR TO THOSE
OF OTHER CITY EMPLOYEES -- PURSUANT TO ADMINISTRATIVE
POLICY APM-1-90 AND TO ANNUAL REVIEW.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: I have two pocket items. One is just... One...
Commissioner Plummer: No, no, no. You could only get one. Remember, that was your law.
Chairman Hernandez: That's right. But, I only have one. The other one is the administration.
Commissioner Plummer: Just because you are Chairman, you get two, eh?
Chairman Hernandez: The other one is the administration. One is the same one that has come
before us, and for whatever reason, there was a mix-up last time we voted, which is a resolution
granting the Mayor...
Vice Chairman Teele: So moved, Mr. Mayor. Mr. Chairman.
Commissioner Plummer: I only have... I have a question on that.
Vice Chairman Teele: This has been voted on three times.
Chairman Hernandez: Three times.
Commissioner Plummer: OK.
Chairman Hernandez: This is a resolution granting the Mayor all rights and privileges afforded
to all City of Miami employees.
Commissioner Plummer: This is the Mayor's... This is the Mayor's relief fund.
Commissioner Gort: Second.
Chairman Hernandez: Right.
Commissioner Plummer: Now, wait a minute, I have got a question.
184 February 10, 1998
Chairman Hernandez: OK.
Commissioner Plummer: Granting him the same rights as other City employees. Do not other
City employees have to get permission?
Commissioner Gort: Yeah.
Vice Chairman Teele: Yes.
Commissioner Plummer: Hello?
Vice Chairman Teele: Yes.
Chairman Hernandez: Let the City Attorney answer.
Commissioner Plummer: Mr. City Attorney.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): It says... I believe that resolution says, he
will follow the administrative procedures manual, and it does in tact say that.
Commissioner Plummer: It says all rights and privileges afforded to all other City of Miami
employees...
Mr. Maxwell: He would have to...
Commissioner Plummer: ... as they relate to out... engagement of outside employment.
Mr. Maxwell: It is a anomaly, he would have to seek permission from the Manager.
Commissioner Plummer: From the Manager?
Mr. Maxwell: Yes.
Commissioner Plummer: Oh, no, no, no. Ha -ha-ha. You are fooling. Ha, ha, ha.
Mr. Garcia -Pedrosa: There is no more cap.
Vice Chairman Teele: No, it's... No. Mr. Attorney, if you read that provision, it said "from
their employer."
Commissioner Plummer: We're in his employer? [phonetic]
Vice Chairman Teele: The Mayor only has one employer.
Commissioner Plummer: Who?
Vice Chairman Teele: We set his compensation, the Commission. Under the Charter...
Commissioner Plummer: Excuse me, I don't think that we need to have the Mayor coming
before the Manager or this City Commission, every time he wants to engage a client. I think
that's foolish.
Mr. Maxwell: I don't think that's what... That isn't required.
185 February 10, 1998
0
Vice Chairman Teele: That's not what it says.
Commissioner Plummer: All City employees have to do it.
Mr. Maxwell: That's right, but it would be a one request.
Commissioner Plummer: And, he can't even... he can't represent anybody that sells booze or
liquor.
Mr. Maxwell: No, what would happen here, there will be one request made of whomever...
Commissioner Plummer: Why don't we give it a 60-day trial?
Mr. Maxwell: ... and from that point on, it would not have to come back.
Commissioner Regalado: OK, we have a motion by Vice Chairman Teele. We have a second
by...
Chairman Hernandez: Second.
Vice Chairman Teele: I would ask that it be... I would ask that it be amended to annual process.
Commissioner Plummer: Absolutely.
Chairman Hernandez: The resolution is... The motion is by Vice Chairman Teele, which is
amended to make it into an annual process, second by Vice Chair... by Commissioner Gort. All
those in favor say "aye."
The Commission (Collectively): Aye.
186
February 10, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-193
A RESOLUTION GRANTING THE MAYOR ALL RIGHTS AND PRIVILEGES
AFFORDED ALL OTHER CITY OF MIAMI EMPLOYEES, AS THEY RELATE TO
THE ENGAGEMENT OUTSIDE EMPLOYMENT BY CITY EMPLOYEES,
PURSUANT TO ADMINISTRATIVE POLICY APM-1-90; FURTHER REQUIRING
THAT THE MAYOR COMPLY WITH ALL APPLICABLE PROCEDURES SET
FORTH IN SAID POLICY ON AN ANNUAL BASIS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: At 7:06 p.m Vice Chairman Teele
exited the City Commission Chambers.
----------------------------------------------------------------------------------------------------------------
58. PROPOSED EMERGENCY CONTRACT FOR LANDSCAPING AND
MAINTENANCE OF US-1 MEDIAN -- FOR RECIO AND ASSOCIATES --
FOR ONE YEAR PERIOD ($69,922).
Chairman Hernandez: And, the second and last pocket item is an administrative pocket item
dealing with a resolution authorizing the City Manager to execute a contract on an emergency
basis with Recio and Associates, Inc., for the landscape maintenance of State Road 5, which is
US-1 medians south of US-1, Highway 1-95.
Commissioner Gort: Second.
Commissioner Regalado: Second.
Commissioner Plummer: Second. And, that's with Recio?
Chairman Hernandez: Yes.
187 February 10, 1998
Commissioner Plummer: Let me tell you something. The storm Monday night that hit out here.
Recio maintains Bird Road from Red Road east to... I don't know how far. Let me tell you,
Tuesday morning at eight o'clock when I went to work, he was out there with all of his crews
cleaning out every bit of those branches and everything that was on that roadway. And, I have
got to tell you something, that's the kind of people we need to work in our City.
Chairman Hernandez: For the record, Commissioner, this is an emergency issue, but not
because... It did go through an RFP (Request For Proposal) process. The first two bidders were
disqualified, he was the third bidder. So, it did go through procurement process.
Commissioner Plummer: I hear you.
Chairman Hernandez: And, we are now in an emergency
Commissioner Plummer: Are we adjourned?
NOTE FOR THE RECORD: Commissioner Teele was absent
during this discussion. Also, there was no roll call.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
59. EFFICIENCY OF CITY SOLID WASTE CREW PICKUP OF DEBRIS FROM
HURRICANE.
Mr. Jose Garcia -Pedrosa: Are we to understand, Mr. Chairman, and in constance with Mr.
Plummer... Commissioner Plummer's comment. I want to put in a word of commendation to my
staff because the same thing is true of our City crews right after the storm. I think we were
probably the fastest City in picking up debris of any in this county.
Commissioner Regalado: I will say, not probably, Mr. City Manager. We were...
Commissioner Gort: We were.
Commissioner Regalado: ... the first City in South Florida. I will tell you that in radio programs
on Tuesday afternoon, there were people calling, of course from Hialeah, but mind you it was
major damage. Opa Locka, Coral Gables...
Commissioner Plummer: Are we finished?
Commissioner Regalado: ... and people from the City of Miami saw immediate action by the
City. I would commend you and especially, Joe Pinon, Assistant City Manager, because he was
out in the street all morning. And, I think that the citizens of Miami are very grateful.
Mr. Garcia -Pedrosa: And Solid Waste, Parks and Recreation, Public Works certainly deserve a
great deal of praise. Thank you.
188 February 10, 1998
END OF DISCUSSION -- NO ACTION TAKEN
Commissioner Plummer: I just got a frantic call from Maria's Restaurant that they are about to
file for bankruptcy.
Chairman Hernandez: Is there a motion to adjourn?
Commissioner Regalado: Motion to adjourn.
Commissioner Gort: Moved.
Chairman Hernandez: Motion to adjourn by Commissioner Regalado...
Commissioner Plummer: Always in order.
Chairman Hernandez: ... seconded by Commissioner Gort. This meeting is adjourned.
Commissioner Plummer: And, Regalado, you still owe me a Greek dinner.
Commissioner Regalado: No. No.
Commissioner Plummer: Yes, you do. Thirteen sixty-nine Coral Way.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:09
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
COMMISSIONER HUMBERTO HERNANDEZ
PRESIDING OFFICER/CHAIRMAN
189 February 10, 1998