HomeMy WebLinkAboutCC 1998-02-24 MinutesCITY OF MIAM;
i
OF MEETING HELD ON FEBRUARY 24, 1998
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
ITEM NO.
INDEX
MINUTES OF SPECIAL MEETING
February 24, 1998
SUBJECT
1. COMMENTS FROM CITY COMMISSIONERS RELATED TO
PROVIDING ASSISTANCE TO COUNTIES IN CENTRAL
FLORIDA AFFECTED BY TORNADOES.
2. PROCLAMATIONS.
3. (A) APPROVE ONE YEAR CONTRACT FOR RECIO AND
ASSOCIATES FOR LANDSCAPING AND MAINTENANCE OF
US-1 (DIXIE HIGHWAY) MEDIANS -- ALLOCATE $69,922 --
(B) INSTRUCTIONS BY VICE-CHAIRMAN TEELE TO CITY
MANAGER / CITY ATTORNEY / CITY CLERK TO
COORDINATE / TRANSITION DOCUMENT / RESEARCH
PUBLIC RECORD AND AGREE ON PROCEDURE TO AVOID
RECONSIDERATION OF PREVIOUSLY APPROVED ITEMS --
FURTHER DISCUSSING TIMELINESS AND LEGALITY OF
PARTIAL MAYORAL VETO ON BENEFITS FOR CATEGORY I
INDIVIDUALS.
LEGISLATION
2/24/98
DISCUSSION
2/24/98
DISCUSSION
4-5
2/24/98
R 98-194
6-11
4.
TABLE TO LATER IN SESSION CONSIDERATION OF
2/24/98
EXECUTIVE BENEFITS FOR CITY MANAGER - REVISE
DISCUSSION
PREVIOUS RESOLUTION DELINEATING BENEFITS FOR
12-15
CATEGORY I INDIVIDUALS - EXCLUDE CITY ATTORNEY
AND CITY CLERK FROM NEW PROPOSAL - INCLUDE CITY
MANAGER AND CITY COMMISSIONERS - SEE LABEL 44.
5.
(A) DENY IMPOSING FIRE RESCUE ASSESSMENT FEE IN
2/24/98
CITY - INSTRUCT ADMINISTRATION TO FURTHER STUDY
M 98-195
ALTERNATIVE SOURCES OF REVENUE TO FIRE
M 98-196
ASSESSMENT FEE INCLUDING SOLID WASTE FEE AND
16-66
BUDGETARY REDUCTIONS ACROSS THE BOARD --
FURTHER DISCUSS STATE ADVERTISING REQUIREMENTS
FOR ASSESSMENT FEES AND RECONSIDERATION OF
DENIAL ACTION BY CITY COMMISSION - FURTHER
DIRECT CITY ATTORNEY TO RESEARCH FLORIDA
STATUTE ON RENT CONTROL UNDER STATE OF
EMERGENCIES.
(B) SCHEDULE WORKSHOP TO DISCUSS ALTERNATIVE
SOURCES OF REVENUE FOR MARCH 2, 1998 AT 10 A.M. -
DIRECT CITY MANAGER NOT TO LAY OFF EMPLOYEES
RESIDING IN CITY IF AN ALTERNATIVE CAN BE FOUND -
FURTHER VICE CHAIRMAN TEELE RESIGNS AS CITY'S
REPRESENTATIVE TO OVERSIGHT BOARD.
6.
PERSONAL APPEARANCE: BY BROTHERS OF THE SAME
2/24/98
MIND TO REQUEST MORE SOCIO-ECONOMIC
DISCUSSION
DEVELOPMENT IN TARGET AREAS AS OPPOSED TO
67-73
INCREASED POLICE PRESENCE - SEE LABEL 46.
7.
(A) DISCUSS / DEFER CONSIDERATION OF CONSENT
2/24/98
AGENDA
M 98-197
ITEM 2 (ACCEPT BID FROM ANTHONY ABRAHAM
74-76
CHEVROLET FOR POLICE TAKE-HOME VEHICLES.)
(B) CONSENT AGENDA
7.1. INCREASE CONTRACT WITH BEST'S MAINTENANCE -- FOR 2/24/98
JANITORIAL AND HANDYMAN SERVICES FOR MIAMI R 98-198
RIVERSIDE CENTER -- ALLOCATE $22,000 FROM ACCOUNT 76-77
504000.421901.6.340.
7.2. AUTHORIZE PROPOSALS FOR PROFESSIONAL PLANNING 2/24/98
SERVICES -- FOR UPDATE OF 1984 DINNER KEY MASTER R 98-199
PLAN -- SEE LABEL 10. 77
7.3. APPOINT THOMAS TOMPKINS TO BOARD OF TRUSTEES OF 2/24/98
GENERAL EMPLOYEES AND SANITATION EMPLOYEES R 98-200
TRUST. 77
8. DENY PROPOSED ADDITIONAL ACCESS INTO ALICE 2/24/98
WAINWRIGHT PARK. M 98-201
78-80
9. WAIVE COMPETITIVE BID -- APPROVE ADVANCED DATA 2/24/98
PROCESSING, INC. AND MEDAPHIS, INC. -- FOR MEDICAL R 98-202
TRANSPORTATION BILLING AND COLLECTION SERVICES -- 80-84
FOR FIRE -RESCUE -- ALLOCATE $300,000 FROM ACCT.
280501-340 -- FURTHER SUGGESTING THAT FUTURE
CONTRACTS FOR EMERGENCY TRANSPORT SERVICES BE
ON PERCENTAGE OF COLLECTIONS NOT FLAT FEE BASIS --
FURTHER DIRECTING CITY MANAGER TO REFLECT ON
AGENDA HEARING DATE AND OUTCOME OF MATTERS
HEARD BY STANDING COMMITTEES.
10. RECONSIDER AGENDA ITEM CA-3 (PROPOSALS FOR 2/24/98
PROFESSIONAL SERVICES FOR DINNER KEY MASTER M 98-203
PLAN) -- APPROVE PROFESSIONAL SERVICES FOR A R 98-204
MAXIMUM OF $60,000 SUBJECT TO WATERFRONT BOARD 85-87
APPROVAL -- SEE LABEL 7.2
11. (A) PERSONAL APPEARANCE: ANGEL GONZALEZ TO 2/24/98
DISCUSS CRIME SITUATION IN Allapattah -- DIRECT M 98-205
ADMINISTRATION TO PROVIDE CRIME STATISTICS BY 87-95
DISTRICT AREA.
(B) RAISE FEE TO RECOVER CONFISCATED VEHICLES
FORM DRUG RELATED CHARGES FROM $500 TO $1,000.
12. DEFER CONSIDERATION OF AGENDA ITEM 7 (PROPOSED 2/24/98
FIRST READING ORDINANCE: REPLACEMENT OF CITYWIDE M 98-206
FLEET) AS WELL AS CONSENT AGENDA ITEM CA-2 (TAKE M 98-207
HOME POLICE CARS) TO SCHEDULED CITY COMMISSION 96-103
MEETING OF MARCH 10, 1998 -- SEE LABEL 23.
13. FIRST READING ORDINANCE: ESTABLISH NEW REVENUE 2/24/98
FUND: EMERGENCY OPERATIONS CENTER PROGRAM -- FIRST READING
APPROPRIATE $473,000 FOR RETROFITTING / ORDINANCE
CONSTRUCTION OF EMERGENCY OPERATIONS CENTER AT 103-104
FIRE TRAINING CENTER IN COCONUT GROVE.
14. FIRST READING ORDINANCE: AMEND SECTION VI OF CIP 2/24/98
ORDINANCE 11337 -- ESTABLISH OTHER CAPITAL FIRST READING
IMPROVEMENT PROJECTS -- FURTHER DIRECT CITY ORDINANCE
MANAGER TO IDENTIFY CAPITAL PROJECTS' NATURE 104-106
MORE SPECIFICALLY FOR PUBLIC INFORMATION
PURPOSES.
15. PROCEDURE TO BE FOLLOWED BY COMMISSION IN 2/24/98
MAKING APPOINTMENTS TO CODE ENFORCEMENT BOARD 98-208
106-111
16. (A) APPOINT ANGEL GONZALEZ, JACQUES DESPINOSE AND 2/24/98
ROSE PUJOL TO CODE ENFORCEMENT BOARD. M 98-209
(B) DISCUSS / CONSIDER PRIVATIZING COLLECTION OF M 98-210
CODE ENFORCEMENT FINES -- INSTRUCT CITY MANAGER M 98-211
TO RETURN WITHIN 30 DAYS WITH PROPOSAL -- FURTHER 111-123
DISCUSS NEED FOR AMNESTY ORDINANCE AND FOR
REVISING AMOUNTS OF CODE ENFORCEMENT FINES --
DIRECT ADMINISTRATION TO INSTRUCT CITIZENRY TO
PLACE BUILDING PERMITS MORE VISIBLE FROM THE
STREET.
17. AUTHORIZE INCREASE IN FEES TO PROFESSIONAL 2/24/98
SERVICES AGREEMENT -- FOR COASTAL SYSTEMS R 98-142
INTERNATIONAL, INC. -- FOR ADDITIONAL 124-130
ENVIRONMENTAL PERMITTING AN INSPECTION SERVICE --
FOR DINNER KEY BOATYARD -MARINA DOCK PROJECT H-
1088 -- ALLOCATE $53,000 FROM PROJECT 4184406 -- DIRECT
CITY MANAGER TO INCREASE PRIVATE SECTOR
PARTICIPATION ON EVALUATION TEAM FOR REQUEST
FOR PROPOSALS FOR VIRRYCK GYM RESTORATION --
FURTHER REQUESTING TO DISCUSS SAID MATTER DURING
SCHEDULED MEETING OF MARCH 10, 1998.
18. DISCUSS WITHDRAWAL OF AGENDA ITEMS 13 2/24/98
(PROFESSIONAL SERVICES AGREEMENT WITH KPMG PEAT DISCUSSION
MARWICK LLP) AND 14 (BENEFITS FOR CITY MANAGER'S 134
STAFF) -- FURTHER REQUEST REPORT ON MONIES PAID TO
KPMG PEAT MARWICK LLP.
19. DISCUSS/ DEFER CONSIDERATION OF AGENDA ITEM 15 2/24/98
(PROPOSED ORDINANCE TO AMEND CODE FOR PENSION M 98-213
BENEFITS FOR MAYOR'S CHIEF OF STAFF AND ASSISTANT 134-137
TO CITY MANAGER) TO SCHEDULED MEETING OF APRIL
14, 1998
20. (A) COMMENTS ON FUNDING FOR INTERNATIONAL TRADE 2/24/98
BOARD. DISCUSSION
(B) DISCUSS ANNUAL REPORTS OF CITY BOARDS AND 137-139
COMMITTEES -- SCHEDULE FOR DISCUSSION DURING
MEETING OF MARCH 10, 1998.
21. APPROVE PURCHASE OF LITTER BINS FROM "AD FOR YOU, 2/24/98
INC.
M 98-214
140-143
22. DISCUSS PROPOSED RUNWAY AT MIAMI INTERNATIONAL
2/24/98
AIRPORT AND POTENTIAL VIOLATIONS OF NOISE
M 98-215
ORDINANCE.
143-145
23. CLARIFY / DEFER CONSIDERATION OF AGENDA ITEM 7
2/24/98
(PROPOSED FIRST READING ORDINANCE TO AMEND
M 98-216
CAPITAL IMPROVEMENTS ORDINANCE: REPLACEMENT OF
146-148
CITYWIDE FLEET) TO MEETING OF MARCH 10, 1998 -- SEE
LABEL 12
24. APPROVE APPEAL -- REVERSE ZONING BOARD DECISION 2/24/98
TO PERMIT REAR YARD SETBACK FOR EXISTING ROOM -- R 98-217
LOCATION: 3885 N.W. 6TH STREET -- APPLICANT: GEORGE 148-156
SANTAMARIA.
25. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2 2/24/98
(PROPOSED SECOND READING ORDINANCE TO CHANGE M 98-218
LAND USE DESIGNATION AT 2401, 2411, 2415 AND 2445 W. 156-167
FLAGLER STREET AND N.W. 25 AND 24 COURT) AND ITEM
PZ-3 (PROPOSED SECOND READING TO CHANGE ZONING
CLASSIFICATION AT 2401, 2411, 2415 AND 2445 W. FLAGLER
STREET AND N.W. 25 AND 24 COURT) FOR MEETING OF
MARCH 24, 1998 AT 2 P.M.
26. SECOND READING ORDINANCE: AMEND ORDINANCE 10544 2/24/98
FROM RESTRICTED COMMERCIAL TO GENERAL ORDINANCE
COMMERCIAL -- CHANGE FUTURE LAND USE ELEMENT OF 11610
COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 168-169
ARE BOUNDED BY NORTH MIAMI AVENUE, N. E. 2ND
AVENUE, I-95 AND N. E. 36 STREET INCLUDING LOTS 1, 2,
23, 24 OF BLOCK 10 OF PRINCESS PARK SUBDIVISION --
APPLICANT: PLANNING AND DEVELOPMENT.
27. AMEND ZONING ATLAS BY CHANGING THE ZONING 2/24/98
CLASSIFICATION FROM C-1 "RESTRICTED COMMERCIAL" ORDINANCE
TO SD-6 "CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT" 11611
FOR PROPERTY GENERALLY BOUNDED BY NORTHEAST 170-171
11TH TERRACE ON THE NORTH, NORTHEAST 2ND AVENUE
ON THE WEST, BISCAYNE BOULEVARD ON THE EAST AND
THAT PORTION OF THE F.E.C. RIGHT-OF-WAY LOCATED
BETWEEN NORTHEAST 6TH STREET AND NORTHEAST 7TH
STREET ON THE SOUTH.
28. FIRST READING ORDINANCE: AMEND ORDINANCE 10544 2/24/98
TO RESTRICTED COMMERCIAL TO CHANGE FUTURE LAND FIRST READING
USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN ORDINANCE
-- LOCATION: 1700 N.W. 33 STREET -- APPLICANT: RAUL 172-174
GONZALEZ.
29. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 2/24/98
FROM GA GOVERNMENT AND INSTITUTIONAL TO C-1 FIRST READING
RESTRICTED COMMERCIAL TO CHANGE ZONING ATLAS -- ORDINANCE
LOCATION: 1700 N.W. 33RD STREET -- APPLICANT: RAUL 174-175
GONZALEZ.
30. SECOND READING ORDINANCE: AMEND ARTICLE 6 OF 2/24/98
ZONING ORDINANCE 11000 -- ADD SECTION 602-4.1.3: ORDINANCE
SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN 11612
OR PARTIALLY OPEN SPACE -- ALLOW USES BY SPECIAL 175-179
EXCEPTION OR CALL II SPECIAL PERMIT FOR SD-2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT --
APPLICANT: PLANNING AND DEVELOPMENT.
31. SECOND READING ORDINANCE: AMEND ARTICLE 4, 2/24/98
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, OF ORDINANCE
ZONING ORDINANCE 11000 -- MODIFY REGULATIONS FOR 11613
CBD (CENTRAL BUSINESS DISTRICT) -- ADD WHOLESALE 180-181
USES ON GROUND FLOOR PRIMARY PEDESTRIAN
PATHWAY STREETS -- APPLICANT: PLANNING AND
DEVELOPMENT.
32. SECOND READING ORDINANCE: AMEND ARTICLE 9 OF 2/24/98
ZONING ORDINANCE 11000 -- ADD NEW SECTION: VENDING ORDINANCE
ON PRIVATE CONSTRUCTION SITES -- SET FORTH 11614
REGULATIONS PRIOR TO ISSUANCE OF CERTIFICATE OF 182-186
OCCUPANCY -- APPLICANT: PLANNING AND
DEVELOPMENT.
33. AMEND ZONING ORDINANCE 11000, ARTICLE 9, SECTION 2/24/98
936, TO MODIFY PARKING REQUIREMENTS TO ALLOW, BY ORDINANCE
SPECIAL EXCEPTION, FOR UP TO A 50 PERCENT 11615
REDUCTION IN PARKING FOR CHILD DAYCARE CENTERS 186-188
LICENSED FOR OVER 100 CHILDREN, THAT ACCEPT
VOUCHERS FOR AND PROVIDE CHILD DAYCARE SERVICES
TO LOW INCOME OR WELFARE RECIPIENTS.
34. SECOND READING ORDINANCE: AMEND ARTICLE 6, 2/24/98
SECTION 606 (CENTRAL COMMERCIAL -RESIDENTIAL ORDINANCE
DISTRICT) OF ZONING ORDINANCE 11000 -- MODIFY 11616
SECTION 606.8: MINIMUM YARD SETBACKS, OPEN SPACE 189-191
AND RESIDENTIAL RECREATION SPACE -- CORRECT /
CLARIFY LANGUAGE IN OTHER SUBSECTIONS --
APPLICANT: PLANNING AND DEVELOPMENT.
35. SECOND READING ORDINANCE: AMEND ARTICLE 6, 2/24/98
SECTION 602.10.1 OF ZONING ORDINANCE 11000 -- MODIFY ORDINANCE
METHOD OF PAYMENT FOR SUPPLEMENTARY PARKING 11617
WAIVERS -- FOR SD-2 COCONUT GROVE CENTRAL 192-193
COMMERCIAL DISTRICT -- APPLICANT: PLANNING AND
DEVELOPMENT.
36. DIRECTIVE TO CITY CLERK TO EXPLORE ELECTRONIC 2/24/98
VOTE SYSTEM FOR COMMISSIONERS. DISCUSSION
194
37. SECOND READING ORDINANCE: AMEND ARTICLE 4, 2/24/98
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS OF ORDINANCE
ZONING ORDINANCE 11000 -- ALLOW FOR HOTEL USES 11618
ALONG BRICKELL AVENUE CORRIDOR AT INTERSECTION 194-196
OF S.E. 25 ROAD -- APPLICANT: PLANNING AND
DEVELOPMENT.
38. TABLE TO LATER IN SESSION CONSIDERATION OF 2/24/98
AGENDA ITEM PZ-15 -- SEE LABEL 41. DISCUSSION
197
39. FIRST READING ORDINANCE: AMEND ARTICLE 9, SECTION 2/24/98
906: ACCESSORY USES AND STRUCTURES OF ZONING FIRST READING
ORDINANCE 11000 -- ADD ACCESSORY BANKING AND ORDINANCE
TRAVEL SERVICE USES WITHIN R-3 -- AMEND ARTICLE 25, 197-199
SECTION 2502 TO ADD DEFINITIONS -- APPLICANT:
PLANNING AND DEVELOPMENT.
40. (A) AMEND MASTER AND INCREMENT I DEVELOPMENT 2/24/98
ORDERS OF DOWNTOWN MIAMI DEVELOPMENT OF R 98-219
REGIONAL IMPACT (DRI) -- MODIFY DEVELOPMENT 199-207
CREDITS IN CERTAIN LAND USE CATEGORIES IN
CONFORMANCE WITH MIAMI COMPREHENSIVE PLAN 1989-
2000 -- APPLICANT DOWNTOWN DEVELOPMENT
AUTHORITY.
(B) GENERAL COMMENTS/ CONDITIONS FOR (ARENA)
DOWNTOWN DEVELOPMENT AREA DRI: PARKING /
TRAFFIC CONTROL / MANAGEMENT PLANS MONITORING /
ENSURING FIRST SOURCE HIRING AGREEMENT WITHOUT
BURDEN TO THE HEAT.
(C) COMMENTS REGARDING NEED TO OPEN JOBS
TRAINING (WAGES) SATELLITE OFFICES IN LITTLE
HAVANA AND OTHER AREAS -- FURTHER REQUESTING TO
ADVERTISE JOB OPENINGS AT MIAMI ARENA.
41. FIRST READING ORDINANCE: AMEND ARTICLE 6, SECTION 2/24/98
614: LATIN QUARTER COMMERCIAL -RESIDENTIAL FIRST READING
DISTRICTS -- MODIFY CONDITIONAL USES PERTAINING TO ORDINANCE
COIN LAUNDRY AND DRY CLEANING OPERATIONS -- 208-210
APPLICANT: PLANNING AND DEVELOPMENT -- SEE LABEL
38.
42. ALLOCATE $240,000 ADVANCE FOR FISCAL YEAR 97098 TO 2/24/98
BAYFRONT PARK MANAGEMENT TRUST. R 98-220
210-212
43. APPOINT ELI FEINBERG TO MIAMI SPORTS AND 2/24/98
EXHIBITION AUTHORITY. R 98-221
212-214
44. AMEND R 98-171 (BENEFITS FOR CITY MANAGER / CITY 2/24/98
ATTORNEY / CITY CLERK / MEMBERS OF CITY R 98-222
COMMISSION) -- DELETE SECTIONS 2 AND 3 (BENEFITS FOR 214-215
CITY ATTORNEY AND CITY CLERK) -- FORMALIZE MOTION
98-192 -- DIRECT CITY MANAGER TO PROVIDE FOR COSTS
OF CERTAIN BENEFITS TO CITY COMMISSION EFFECTIVE
OCTOBER 1, 1998. (See label 4).
45. APPOINT DARLENE Y. BELL-ALEXANDER, ESQUIRE AND 2/24/98
YOLLY ROBERSON TO SELECT ADVISORY COMMITTEE R 98-223
FOR CITY ATTORNEY POSITION. 216-217
46. COMMENTS REGARDING NEED TO HOLD PLANNING AND 2/24/98
DEVELOPMENT WORKSHOPS IN SPECIFIED TARGET AREA DISCUSSION
CORRIDORS -- FURTHER ANNOUNCING LYRIC THEATER 217
OPEN HOUSE SCHEDULED FOR FEBRUARY 29, 1998 AT 5
P.M. -- SEE LABEL 6.
47. VICE CHAIRMAN TEELE ANNOUNCES BLACK HISTORY 2/24/98
MONTH CELEBRATION -- FURTHER COMMENDS MAYOR / DISCUSSION
CITY MANAGER / POLICE CHIEF FOR PARTIAL CLEAN-UP 218
OF CAR IMPOUNDED LOTS.
48. CONTINUED COMMENTS ON NEED TO CLEAN UP 2/24/98
CORRIDORS UNDER I-95 BETWEEN N.W. 7TH AND 8TH DISCUSSION
STREET. 218-219
49. COMMENTS REGARDING PUBLIC SAFETY AND HEALTH 2/24/98
HAZZARDS AROUND JOSE MARTI PARK. DISCUSSION
219-220
50. BRIEF DISCUSSION RELATED TO DATE CERTAIN FOR 2/24/98
COMPLETION OF TOWER THEATER CONSTRUCTION. DISCUSSION
220-221
51. PROBLEMS OF TRASH IN LITTLE HAITI (NORTHWEST 2ND 2/24/98
AVENUE AND 52ND STREET. DISCUSSION
221
52. DIRECTIVE RELATED TO DEMOLITION OF UNSAFE 2/24/98
STRUCTURES REQUESTED BY NET OFFICES. DISCUSSION
222-223
53 INSTRUCT MANAGER TO NEGOTIATE AGREEMENT WITH 2/24/98
BEDMINSTER SEACOR SERVICES MIAMI CORP - EXTEND R 98-224
RESTATED COMPOST RECYCLYING AGREEMENT FOR TWO 223-226
YEARS (OCTOBER 1, 1998 TO OCTOBER 1, 2000).
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of February, 1998, the City 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 10:17 a.m. by Chairman
Humberto Hernandez, with the following members present:
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
ABSENT: Vice Chairman Arthur Teele, Jr.
ALSO PRESENT: Jose Garcia -Pedrosa, City Manager
Joel E. Maxwell, Interim City Attorney
Walter J. Foeman, City Clerk
Maria Argudin, Assistant City Clerk
This is the City Commission Meeting for the City of Miami,
Tuesday, February 24, 1998.
CHAIRMAN HERNANDEZ: Good morning, everyone, welcome to the
City of Miami Commission meeting, February 24, 1998. I need
to make several announcements. Number one, for safety
reasons, the fire chief has told me that a lot of you will
have to stay outside and not be in the hallways. These are
for fire concerns. Everyone will be given an opportunity to
speak today. We will be giving about a minute and a half to
each of you to speak. Either for or against the fire fee.
I assume that most of you here today are against the fire
fee. So we will be --
(APPLAUSE)
CHAIRMAN HERNANDEZ: So the majority that are in the
hallway, for safety reasons, you will have to back out
through the hallway and outside until we start the hearing
on the fire assessment. And then at that point, you can
come in and speak your mind.
COMMISSIONER PLUMMER: Mr. Chairman?
CHAIRMAN HERNANDEZ: Yes.
1 February 24, 1998
COMMISSIONER PLUMMER: If in fact the fire fee is to be
defeated, I don't think we'll have that problem. You might
want to give consideration to either proceed or not to
proceed. All of us are in receipt of the memo from the
Mayor. If any of us wanted to discuss the issue, which I
don't know if anyone has. I did not. All I can say to you,
it might be a quickie.
(Applause)
CHAIRMAN HERNANDEZ: Can you all rise at this point in time
for an invocation. We have the Bishop Thomas Wenski, who
will be giving the in vocation in Spanish and Creole this
morning. And then we have the Reverend Misael Castillo from
Iglesia Nueva Jerusalem, will do it in English
COMMISSIONER PLUMMER: Bishop, I would ask, and I think it
only appropriate, that we say thank God that what happened
in Central Florida, we were spared. For those people that
are there and suffering as we have seen unbelievable as we
saw in Andrew, that our thoughts and our prayers are with
them. I hope you remember them in your prayers.
(Invocation in Creole, Spanish and English delivered by
Bishop Thomas Wenski and Reverend Misael Castillo.)
CHAIRMAN HERNANDEZ: At this point in time, I'd like to
request a moment of silence. Unfortunately, today marked
the second anniversary of four citizens, four heroes that
were shot down as they were flying over the international
waters of the State of Florida by the Castro Regime and we'd
like to honor these four gentlemen, Armando Alejandre, Jr.,
Carlos Costa, Mario de la Pena, and Pablo Morales with a
moment of silence.
Thank you. Join us in the pledge of allegiance, please.
(Pledge of Allegiance)
2 February 24, 1998
1. COMMENTS FROM CITY COMMISSIONERS RELATED TO PROVIDING
ASSISTANCE TO COUNTIES IN CENTRAL FLORIDA AFFECTED BY
TORNADOES.
(Note for the Record: Vice Chairman Teele entered the
meeting at 10:24 a.m.)
COMMISSIONER PLUMMER: Mr. Chairman?
CHAIRMAN HERNANDEZ: Yes?
COMMISSIONER PLUMMER: In keeping with my prior remarks to
the City Manager, I don't know what, if anything, that we
can do to help the people that suffered in this tornado.
But I do remember that those people, especially the Mayor of
Orlando, who gave me a personal call the day after Andrew,
wanting to know what they could do to help out Miami.
If there's anything in your contacting of the Mayor of
Orlando and the others, that we can do, I think it behooves
us, and the spirit of friendship and unity, that you contact
them and see what we can do, if anything, to help them out.
God knows they were there when we needed them.
3 February 24, 1998
2. PROCLAMATIONS:
HECTOR SERRANO-DAY IN REMEMBRANCE.
CLAUDIO FERMIN-DAY - CANDIDATE TO VENEZUELA'S PRESIDENCY
CHAIRMAN HERNANDEZ: We have two awards this morning, some
special guests. I would like to acknowledge the presence of
Commissioner Miguel Diaz De la Portilla from Dade County and
a visitor that he's going to be introducing somebody. The
first proclamation is, a day in remembrance of a gentleman
that's participated as a board member in the City of Miami.
I'd like Commissioner Plummer to come here and read this
proclamation, which is a day in remembrance of Hector
Serrano, who passed away.
COMMISSIONER PLUMMER: Mr. Chairman, proclamation of the
City of Miami. The divine providence in its infinite wisdom
removed from our midst, Friday, February 13 1998, our
invaluable citizen, Hector Serrano. And, whereas: Hector
Serrano was a member of the General Employees and Sanitation
Employees Retirement Trust Board since 1990. And Hector
Serrano was a distinguished citizen who served our city's
retirement board with dedication and commitment,
Now, therefore, on behalf of our community we, wish to
express the condolences in this hour of sorrow to the family
who left a legacy of service in our community and therefore,
our Mayor, Xavier Suarez and this Miami City Commission and
all the people of this community, do express and say, a day
in thV. remembrance of Hector Serrano. Any of the family
here's
(P,�sept4tion to the family of Hector Serrano.)
CHAIRMAN HERNANDEZ: As I said before, we have a
proclamation -- very special guest. We have Commissioner
Miguel Diaz De la Portilla, representing Metropolitan Dade
County,, Miami -Dade County. We also have State
Representative Bruno Barreiro. And we have a candidate to
the presidency of the country of Venezuela, Claudio Fermin,
who is here today and we're going to be introducing Mr.
Fermin with a proclamation.
4 February 24, 1998
Commissioner Regalado?
COMMISSIONER REGALADO: Miami is the gateway of the
Americas. It is only fitting that this City will honor an
important person in Venezuela, a country from which we have
many tourists, many business people and, of course, many
residents.
If I may whereupon, (Comments made in Spanish.)
COMMISSIONER REGALADO: Whereas: it has been said that no
one achieved greatness without being of service. All great
men and women became great because they gave some talent or
ability in the service of others. Dr. Claudio Fermin, a
renowned sociologist, former Mayor of Caracas and
presidential candidate for president of Venezuela is the
epitome of achiever who throughout dedication and hard work
knows how to reach his goals of life. Now therefore, I,
Xavier Suarez, Mayor of the City of Miami, Florida, do
hereby proclaim Monday, February 23, 1998, as Dr. Claudio
Fermin Day.
MR. FERMIN: (Comments in Spanish.)
Chairman, I want to thank all the Miami citizens for the way
that my fellowships from Venezuela have been treated here as
residents. We have never before experienced that role of
immigrants, of residents in another countries. That's a
very recent experience for us Venezuelans. But now, many of
my fellow citizens have moved to Florida, and have moved to
Miami specially; and we recognize the special way that we
have been treated here. The opportunities that we have
received and I get this distinction, this honor, as a way of
stimulating better relations between Venezuelans and people
from Florida.
So, I really thank you all for the way that my fellow
citizens have been received in your community, and I hope
that in the future, we can tighten all our ties. We can be
together for many years, and we can make closer and growing
relations. Thank you very much for everything.
5 February 24, 1998
3. A. APPROVE ONE YEAR CONTRACT FOR RECIO AND ASSOCIATES
FOR LANDSCAPING AND MAINTENANCE OF US-1 (DIXIE HIGHWAY) MEDIANS
-- ALLOCATE $69,922 --
3. B. INSTRUCTIONS BY VICE-CHAIRMAN TEELE TO CITY
MANAGER / CITY ATTORNEY / CITY CLERK TO COORDINATE / TRANSITION
DOCUMENT / RESEARCH PUBLIC RECORD AND AGREE ON PROCEDURE TO
AVOID RECONSIDERATION OF PREVIOUSLY APPROVED ITEMS -- FURTHER
DISCUSSING TIMELINESS AND LEGALITY OF PARTIAL MAYORAL VETO ON
BENEFITS FOR CATEGORY I INDIVIDUALS.
CHAIRMAN HERNANDEZ: Mr. Manager, Mr. City Attorney, before
we begin our regular agenda, there are a couple of
housecleaning measures we need to take care of. Number one,
is in reference to something that was unanimously approved
by the Commission but was not recorded. The votes were not
recorded and that was a pocket item at the end of the last
Commission meeting, regarding the landscaping maintenance on
U.S. 1 from the end of I-95 all the way to the end of the
jurisdiction, which is Douglas Road. We need to record on
statement our vote basically passing the resolution.
VICE CHAIRMAN TEELE: Mr. Chairman?
CHAIRMAN HERNANDEZ: Yes?
VICE CHAIRMAN TEELE: I object to that, respectfully. The
vote was taken.
CHAIRMAN HERNANDEZ: I agree.
VICE CHAIRMAN TEELE: I know the vote was taken because I
stepped off of the dais for the vote. Now, you know,
between the City Attorney's Office and the City Clerk's
Office, and Net Nine, because all of this is recorded;
someone ought to, you know, do their job properly. And I
think, you know, rather than us being required to do things
over again, the staff should be instructed to research the
record again, and to do this, because this is not the only
item.
The Mayor's purported veto, which I would like to discuss,
was also not properly recorded and properly transcribed and
properly placed in form; and somewhere between the Clerk's
Office that I respect and the Attorney's Office that I
respect, we've just got to require, and we shouldn't be
6 February 24, 1998
doing anything over. We're a board of directors, not a
bunch of people who work for the staff. We are the board of
directors, we are the Commission. If it's not convenient
for you, then, you all need to figure out how to get it
done. But we're not going to be doing things over and over
again because they don't have their act together.
In that regard, Mr. Manager -- no, don't, please. In that
regard, Mr. Manager, one of the problems that this City is
having is a change in the Charter. We went from an exec --
from a manager form of government to an executive mayor form
of government, Mr. Chairman; and part of the problem,
beginning with the day you were supposed to be sworn in, is
the fact that the management primarily in the City
Attorney's Office, the City Clerk's Office, and the Manager,
the three of them equally, have not really done a
transition, and a transition document to move us from the
manager form of government to the mayor's form of
government.
Mr. Chairman, I was embarrassed with the spectacle that was
created when you were elected. And the aftermath that you
weren't sworn in. It started then and it goes through right
now. The Mayor did not get items in which he could act on
his veto until the tenth day of the legislation. The Mayor
is entitled to have ten days from the date we act on things.
Is that correct, Mr. Attorney?
MR. MAXWELL (INTERIM CITY ATTORNEY): That's correct.
VICE CHAIRMAN TEELE: The Mayor got the documents that he
purportedly wants to veto on the tenth day; is that right?
MR. MAXWELL (INTERIM CITY ATTORNEY): At least one item. I
don't know --
VICE CHAIRMAN TEELE: At least one item on that date. The
item in question. And now we're being told that the Mayor's
veto is not a veto?
MR. MAXWELL (INTERIM CITY ATTORNEY): If you're speaking,
you're talking about the veto --
VICE CHAIRMAN TEELE: I'm talking about the only item that
the Mayor sent a veto memo on, that you know and I know
about.
MR. MAXWELL (INTERIM CITY ATTORNEY): That item the Mayor
purported to veto was a purported partial veto. I have not
7 February 24, 1998
rendered a written legal opinion on that. But it's my
opinion that there are two questions involving that
particular veto. One is whether or not it was timely
received and the answer is no. The Code is quite clear that
it must be clocked into the City Clerk's Office by 4:30 on
the tenth day. That did not occur. It was clocked in at 7:
11 p.m. So -- and the ordinance is clear that that's a
mandatory requirement.
The other issue regards whether or not he could exercise a
partial veto. And I had my staff researching that issue and
I can only give you an opinion off the top of my head on
that.
VICE CHAIRMAN TEELE: Mr. Attorney, with all due respect,
the question is, when did the Mayor receive the document?
MR. MAXWELL (INTERIM CITY ATTORNEY): I can tell you it was
sent from my office on the tenth day. I cannot tell you
what time.
VICE CHAIRMAN TEELE: In other words, between us acting and
the Mayor receiving it, your office had it up until the
tenth day?
MR. MAXWELL (INTERIM CITY ATTORNEY): That's correct.
VICE CHAIRMAN TEELE: And you see, Mr. Chairman, Mr.
Manager, that, in effect, renders the Office of the Mayor
neutered to do anything. And we don't want to do that. I
mean, we may be willing to overrule his veto, but we're not
interested in trying to marginalize the power of the Mayor,
and I just think, I use this only as a vignette, Mr.
Chairman, to show you we've got some structural issues here
that have not been properly addressed. Similarly, the issue
that the Charter requires that there be committees. The
Manager has not been providing staffing support to those
committees. I don't know if he's been requested to.
The Clerk has not been able to identify resources to staff
those five committees that are required, and I just believe,
Mr. Chairman, I will vote on anything that you instruct us
to, and you request us to. But I think by just merely
asking us to revote on something, we're basically buying
into a system that really needs review by the Manager, the
Attorney and the Clerk, at a minimum, to come in with a
document that tells us how we're going to function. And
this is a slippery slope. If you would like for us to vote
on it again, I would yield to your discretion, Mr. Chairman,
8 February 24, 1998
but I think it's a very bad precedent to allow staff off the
hook.
CHAIRMAN HERNANDEZ: Well, Vice Chairman Teele, this has
happened before, and I agree with the comments you've made.
The situation that concerns me is they're telling me they
being the City Clerk, which obviously records this, that
there is no record of us voting. I believe we did, I
remember it being unanimously passed five -zero.
VICE CHAIRMAN TEELE: It passed four -zero. I walked off the
dais and I told the Clerk here, to please note that I'm off
the dais. I'm sorry.
COMMISSIONER PLUMMER: Did the clerk indicate that we did
not discuss the issue? Or that we didn't vote on it?
CITY CLERK WALTER FOEMAN (CITY CLERK): There was a movant
and a seconder, but no roll call, Commissioner.
COMMISSIONER PLUMMER: Because I distinctly remember
discussing the issue. Okay.
CHAIRMAN GORT: We voted for it.
CHAIRMAN HERNANDEZ: You have no record of us voting on this
issue?
CITY CLERK WALTER FOEMAN (CITY CLERK): I have a record of a
movant and seconder. I have no roll call.
COMMISSIONER GORT: If it's a resolution, there's no need
for the roll call. I think the Chairman asked for the vote.
I know I voted for it.
COMMISSIONER PLUMMER: I voted for it.
CITY CLERK WALTER FOEMAN (CITY CLERK): You're free to look
at the transcript.
COMMISSIONER PLUMMER: Let's do it now.
UNIDENTIFIED SPEAKER: Excuse me, can I speak before you
vote?
CHAIRMAN HERNANDEZ: No.
COMMISSIONER PLUMMER: Vice Chairman Teele made his points
on the record and I agree with his points that we need to
9 February 24, 1998
upgrade and do a better job, but we're in a transition and
we're learning and hopefully we'll learn by our mistakes.
But the issue is clear.
CHAIRMAN HERNANDEZ: It was an emergency item. We needed a
four -fifths vote or we need to bring it before the
Commission and do a proper roll call. That's what I'm going
to request of this Commission at this time. The second
thing is, there is a problem, a timing problem, in which the
Mayor, obviously, is not getting the resolutions in time to
have properly ten days to review it. So I ask the City
Attorney to make sure that these resolutions, and I know
sometimes when we do pocket items, it's tough to do. That's
the biggest problem we are concerned with, it is pocket
items. We're going to try to limit that to two per
commissioner, as we've done in the past, and the bottom line
is we need to get these resolutions to the Mayor within the
ten days, so he can have ample time. The problem is the
Clerk is not getting the resolutions in time from the City
Attorney's Office. That's the problem. Did you want to say
anything?
JIM KAY (Director, Public Works): When you said it
required, this is an emergency requirement, four -fifths
vote in the City Commission. We do have one other thing.
That is that since this is an emergency, that the contract
be for a period of one year only. With no second and third
year renewals.
CHAIRMAN HERNANDEZ: So we are ratifying and approving the
Manager's funding of emergency, 4p4 waiving competitive
bidding and the award to Recio Landscaping, Inc.
MR. MAXWELL (INTERIM CITY ATTORNEY): Would that be as
amended by the comments just made by the director?
CHAIRMAN HERNANDEZ: It would be amended because before what
was given was one year with two options. We have one year.
MR. MAXWELL (INTERIM CITY ATTORNEY): Correct.
CHAIRMAN HERNANDEZ: All right. Um, can you call the roll
qll. We have a motion and a second. I assume the motion
will be made by the same person. Commissioner Gort?
COMMISSIONER GORT: Yes.
CHAIRMAN HERNANDEZ: Second, Commissioner Plummer?
10 February 24, 1998
COMMISSIONER PLUJMMER: Yeah, sure. I did it before.
CHAIRMAN HERNANDEZ: Roll call.
The following resolution was introduced by Commissioner
Gort, who moved its adoption:
RESOLUTION NO. 98-194
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 AWARD OF A CONTRACT WITH RECIO AND ASSOCIATES,
INC. FOR LANDSCAPE MAINTENANCE SERVICES FOR STATE ROAD 5
(U.S. 1) MEDIANS SOUTH OF U.S. HIGHWAY I-95, FOR A ONE (1)
YEAR PERIOD, IN THE AMOUNT OF $69,922.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 310501-340; 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 Plummer, the resolution
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: Thank you, very much.
11 February 24, 1998
4. TABLE TO LATER IN SESSION CONSIDERATION OF EXECUTIVE
BENEFITS FOR CITY MANAGER — REVISE PREVIOUS RESOLUTION
DELINEATING BENEFITS FOR CATEGORY I INDIVIDUALS — EXCLUDE CITY
ATTORNEY AND CITY CLERK FROM NEW PROPOSAL — INCLUDE CITY
MANAGER AND CITY COMMISSIONERS — SEE LABEL 44.
CHAIRMAN HERNANDEZ: The second item is the item on veto.
Basically, we have to take this before the Commission, so we
can act upon it.
COMMISSIONER REGALADO: Mr. Chairman, if I may.
CHAIRMAN HERNANDEZ: Yes.
COMMISSIONER REGALADO: Can we, Mr. City Attorney, can we
have a substantive motion and proceed with the -- only the
manager?
MR. MAXWELL (INTERIM CITY ATTORNEY): Yes, sir. I -- you
could amend the motion that you passed before to have it
apply only to the manager, and make whatever other changes
you want to make to it.
COMMISSIONER PLUMMER: Can I ask a question, if I may. Mr.
City attorney? How many days do we have to over -- we, the
Commission, to override the Mayor's veto?
MR. MAXWELL (INTERIM CITY ATTORNEY): You have --
COMMISSIONER PLUMMER: Hello?
MR. MAXWELL (INTERIM CITY ATTORNEY): Yes. You have ten days
to veto override.
COMMISSIONER PLUMMER: What about if the next meeting is not
for two weeks.
MR. MAXWELL (INTERIM CITY ATTORNEY): I'm sorry, before the
next meeting. You have to override the veto by the time of
the next meeting, or a special meeting, if it's called.
COMMISSIONER PLUMMER: Huh?
MR. MAXWELL (INTERIM CITY ATTORNEY): The charter says you
either -- you override it by your next regularly scheduled
meeting or special meeting. The next regularly scheduled
meeting after that veto was the date you did not have a
12 February 24, 1998
special meeting.
COMMISSIONER PLUMMER: I guess really my question --
MR. MAXWELL (INTERIM CITY ATTORNEY): There is no veto
override now.
COMMISSIONER PLUMMER: Can we defer the vote on the veto.
MR. MAXWELL (INTERIM CITY ATTORNEY): There is no veto.
CHAIRMAN HERNANDEZ: You're absolutely right.
COMMISSIONER REGALADO: So can we proceed and amend that
motion?
MR. MAXWELL (INTERIM CITY ATTORNEY): That's correct.
COMMISSIONER REGALADO: And then separate both issues, the
City Attorney, the City Clerk, the City Manager?
MR. MAXWELL (INTERIM CITY ATTORNEY): Yes, sir.
COMMISSIONER REGALADO: I would like to do that, Mr.
Chairman, if I may.
CHAIRMAN HERNANDEZ: There is a motion on the floor to amend
the motion to what we passed.
VICE CHAIRMAN TEELE: Mr. Chairman, is this a new motion?
CHAIRMAN HERNANDEZ: Complete new motion.
VICE CHAIRMAN TEELE: I would ask, I would ask that we take
it up, if Commissioner Regalado wants to, but we give the
attorney time to write up what this motion is. Let's don't
make the same mistake. We'll be here until 10 o'clock
tonight the way this is going.
COMMISSIONER GORT: Mr. Chair?
VICE CHAIRMAN TEELE: If we could move on to the fire fee
and the order of the day and we'll take that up. But let's
get a written document.
COMMISSIONER GORT: Mr. Chairman?
CHAIRMAN HERNANDEZ: Commissioner Gort?
13 February 24, 1998
COMMISSIONER REGALADO: Mr. City attorney, do you know the
way this motion should be amended? And written?
MR. MAXWELL (INTERIM CITY ATTORNEY): My understanding is,
and I had prepared and submitted to Vice Chairman Teele, I
think copies to you all, a proposed resolution that would
adopt and incorporate the motion that was made. It was
carried as a motion at the end of the last meeting. That
motion was to do several things. But it did not, in our
opinion, separate the manager from the City clerk and the
City attorney's provisions. My understanding now is that
you want a resolution?
COMMISSIONER REGALADO: Only for the City manager.
MR. MAXWELL (INTERIM CITY ATTORNEY): That would do what?
COMMISSIONER REGALADO: Grant the benefits by the
Commission.
CHAIRMAN HERNANDEZ: If I may read --
MR. MAXWELL (INTERIM CITY ATTORNEY): As it applies to the
City Clerk and the City Attorney, you are directing us to do
what?
COMMISSIONER REGALADO: We'll separate that and discuss or
entertain that --
MR. MAXWELL (INTERIM CITY ATTORNEY): In other words, are
you saying, repeal the provisions of that resolution that
apply to the City Attorney and the City Clerk; is that what
you're direction directing us to do?
COMMISSIONER REGALADO: Or separate if we can.
MR. MAXWELL (INTERIM CITY ATTORNEY): Separate and do what?
COMMISSIONER REGALADO: To have only a resolution of the
benefit of the City manager to vote on it.
CHAIRMAN HERNANDEZ: To read just exactly like this --
COMMISSIONER REGALADO: To read --
MR. MAXWELL (INTERIM CITY ATTORNEY): Two resolutions, one
applies only to the City Manager.
14 February 24, 1998
COMMISSIONER REGALADO: That's right.
MR. MAXWELL (INTERIM CITY ATTORNEY): And one applies to the
City Clerk and City Attorney; is that correct?
CHAIRMAN HERNANDEZ: Joel, this is what we want. A
resolution with attachments, setting forth and authorizing
the benefits paid to, to be received by the City manager.
Period. That's it. That's all we wanted to take.
MR. MAXWELL (INTERIM CITY ATTORNEY): You need to address
the previous resolution.
CHAIRMAN HERNANDEZ: We want to eliminate the part that is
further setting forth and authorizing the benefits to be
received by the City Attorney and City Clerk. We want that
out.
MR. MAXWELL (INTERIM CITY ATTORNEY): All right, that's what
I'm saying, repealing the previous resolution as it applies
to the City Attorney and the City Clerk?
CHAIRMAN HERNANDEZ: Correct.
MR. MAXWELL (INTERIM CITY ATTORNEY): All right. There was
another provision of the ordinance -- the resolution that
was not adequately picked up in the transcript that applied
to the City Commission. That portion should stay in there,
in the resolution?
COMMISSIONER REGALADO: Yes.
MR. MAXWELL (INTERIM CITY ATTORNEY): Okay.
CHAIRMAN HERNANDEZ: Now that we clarified that, does this
Commission want to make a motion and a second so we can get
this and vote on it?
COMMISSIONER REGALADO: Mr. Chairman, Vice Chairman Teele --
CHAIRMAN HERNANDEZ: Prepare it and come back before us
later.
15 February 24, 1998
5. A. DENY IMPOSING FIRE RESCUE ASSESSMENT FEE IN
CITY — INSTRUCT ADMINISTRATION TO FURTHER STUDY ALTERNATIVE
SOURCES OF REVENUE TO FIRE ASSESSMENT FEE INCLUDING SOLID
WASTE FEE AND BUDGETARY REDUCTIONS ACROSS THE BOARD --
FURTHER DISCUSS STATE ADVERTISING REQUIREMENTS FOR
ASSESSMENT FEES AND RECONSIDERATION OF DENIAL ACTION BY CITY
COMMISSION — FURTHER DIRECT CITY ATTORNEY TO RESEARCH
FLORIDA STATUTE ON RENT CONTROL UNDER STATE OF EMERGENCIES.
5. B. SCHEDULE WORKSHOP TO DISCUSS ALTERNATIVE
SOURCES OF REVENUE FOR MARCH 2, 1998 AT 10 A.M. — DIRECT
CITY MANAGER NOT TO LAY OFF EMPLOYEES RESIDING IN CITY IF AN
ALTERNATIVE CAN BE FOUND — FURTHER VICE CHAIRMAN TEELE
RESIGNS AS CITY'S REPRESENTATIVE TO OVERSIGHT BOARD.
COMMISSIONER GORT: Mr. Chairman?
CHAIRMAN HERNANDEZ: Yes, Commissioner Gort?
COMMISSIONER GORT: For the sake of time, we have got a lot
of people waiting here for this. When the fire fee first
came to me, I said from the beginning that we needed to do
it across the board to everyone, or don't do it at all. My
understanding is in different meetings they've had,
different Commission meetings that we've had, too many
modifications have been made, exempting a lot of people. If
you recall, we even created a special task force to look at
the tax exempt property and to see how we could get
volunteers to pay for services they receive. I can tell you
right now, after receiving many calls, doing a lot of
research, talking to a lot of people, I am not comfortable
with the way it is presented.today, and I will not be voting
for it. Just for your knowledge.
(Applause)
COMMISSIONER REGALADO: Mr. Chairman, Mr. Chairman, if I
may?
CHAIRMAN HERNANDEZ: Point of order, please.
COMMISSIONER REGALADO: If I may, I, like Commissioner Gort,
voted in the past for the fire fee. Although I did vote and
presented a motion to exclude churches, places of worship.
But hearing all these days -- that we had the time to go
visit several apartment buildings in several areas of the
16 February 24, 1998
City of Miami, I was able to understand that this measure,
although necessary for the situation that the City of Miami
is in from the financial point of view, it would hurt the
poorest of the poor of the City of Miami.
If we only can have the possibility of freezing the rent,
rent control in the City of Miami, then you might say, well,
you know, we might try this to get the City out of the
economic hole as it is. But if this is not drastically, and
I mean drastically reduced, modified, I would insist on what
I said publically in the last days, I would vote no, because
it is important.
(Applause)
COMMISSIONER REGALADO: Mr. Chairman, I just want to make
something clear. This is not a political vote. Even if
there were no people here in City Hall, I would have said
the same, because this is about being compassionate. This
is about people that cannot pay $15 more per month so if --
I -- we are risking the possibility of being called
irresponsible by the Oversight Board, by the big media, by
the people who really care about the future of Miami, but we
are here to represent the people of Miami and not the
Oversight Board, nor any other people.
I would just hope that we run this as a business. This is a
300 million dollar business, ($300,000,000) and if we have
to tighten our belts, we have to do it. I am -- I would be
willing to reduce the budget of my office; I am willing to
reduce the budget of my office; and I just want, I just hope
that we can come up with something to save the City, but at
the same time, protect our citizens. So this is how I feel
on this issue.
(Applause)
CHAIRMAN HERNANDEZ: Mr. Manager?
CITY MANAGER GARCIA-PEDROSA: Yes.
CHAIRMAN HERNANDEZ: I'm going to give you an opportunity to
bring your people up here. Try to convince the people that
are here what this fire assessment fee is all about. I
believe you have the fire chief that's going to speak before
the Commission, as well as the attorneys who represent the
City on behalf of presentation. And then I'm going to give
you the opportunity to some people that want to speak, it's
very clear to this Commission, that probably this will not
17 February 24, 1998
pass today. So if you still want to speak, if you still
want to be heard, I will be giving you the opportunity.
This is a public hearing.
There's a lot of you who have taken the time to come down
this morning to speak to us. I think you should be given an
opportunity to speak to us. Vent your frustrations, your
support or against the fire assessment fee. So I'm going to
ask that whoever is going to speak against the fire
assessment fee line-up behind this microphone. We have a
short presentation by the City of Miami and then we're going
to proceed with the public hearing.
CITY MANAGER GARCIA-PEDROSA: Thank you. Mr. Chairman, I'd
like to ask that the fire chief make a very, very brief
statement as to what factually this is all about, so that we
are all clear and particularly, the people in the audience,
and watching us on television. Likewise, I have asked our
outside counsel to touch on the legal aspects of this.
Again, very, very briefly.
And then with your permission, sir, I'd like an opportunity
to state to the Commission, before you take a vote, as to
what the financial implications of not having a fire fee
would be in reference to the five year plan. So Chief, if
you would, proceed, please.
CHIEF CARLOS GIMENEZ: Carlos Gimenez. I'm the Fire Chief.
Good morning, Mr. Chairman, members of the Commission. This
final resolution which is before you relative to the fire
assessment fee, had as its genesis then City Manager Merrick
Steirheim's wish to look for recurring revenue to match
recurring expenses. This particular fee, if passed, will
generate roughly half of the operating budget of the fire
department and the other half will come from traditional
revenue sources.
We have, at that time, we contracted with the services of an
outside consultant who has placed these fire fees in
different cities, mostly in Broward County; and they're here
to talk to you about the legal background concerning fire
fees and it's Mr. Mark Lawson, from the law firm of Nabors,
Giblin, Nickerson.
MR. MARK LAWSON: Good morning, I'm Mark Lawson. Nabors,
Giblin, Nickerson. I'm one of three firms that is a group
that assisted the City and staff, along with the Government
Services Group and David M. Griffin and Associates. I will
talk for less than two minutes, I hope.
18 February 24, 1998
By way of introduction, the fire assessment fee is an
alternative revenue source. It is a revenue source of last
resort for local governments. It has two basic benefits.
Or basic elements. One, it must benefit property and two,
be fairly and reasonably apportioned.
There are a whole line of Supreme Court cases in this State
that address this. This is an exercise done by local
governments that's often done with a great deal of sobriety,
as nobody wants to see any other revenue source, whether it
be taxes or assessments imposed.
The Supreme Court has addressed the specific issue of fire
rescue assessments, both in the late sixties and early
seventies and has declared that fire protection services, in
one case, ambulance protection service, do benefit property.
This was reconfirmed by a case out of Lake County in front
of the Supreme Court just last year. Much has been written
about a trial court case in Pembroke Pines in the last
several weeks, where a trial court has resisted the rulings
of the Supreme Court and chosen to render a fee invalid on
the basis that it does not benefit property. I can tell
you, Commissioners, today, we've already supplied written
correspondence to the City in October and confirm this now,
we don't dis -- we disagree with that judge. He's a trial
court judge and is bound by the Supreme Court. City of
Pembroke Pines is appealing that case.
Um, with that said, what you've done here procedurally is
adopt an ordinance to put in place this type of mechanism.
That ordinance provides a two-step process to impose a fire
rescue fee. The first portion is an initial assessment
resolution which this Commission adopted on January 13th.
It embodies a program that is designed to comply with the
case law and constitutional constraints of a fire rescue
assessment. We followed the City's policies relative to
matters that deal with exemptions.
For instance, and that, again, is embodied in the initial
resolution. Your procedures then require you to advertise
and allow the public to comment and that is what today's
hearing is about. That issue of procedural update. At
today's hearing, obviously you'll hear a comment from the
public and I have dutifully listened to your comments. You
have before you three options, essentially. You may decide
today not to go forward with the fee; you may decide to go
forward with the fee; or the ordinance provides that you may
choose to defer to a time certain after the public hearing
19 February 24, 1998
is closed and address it substantively.
I am cognizant of your fiscal restraints and zeal to look
for every alternative revenue source. That's beyond the
realm of my responsibilities. My responsibilities here is
to bring you an alternative tool, which is what our group
has done along with your staff. And that is the essence of
this hearing today, a discussion concerning that alternative
tool. Mr. Manager?
CITY MANAGER GARCIA-PEDROSA: Mr. Chairman, members of the
Commission, as you know in December of 1996, Governor Lawton
Chiles declared pursuant to state law, that the City was in
a state of financial emergency and appointed an Oversight
Board resulting from an intergovernmental cooperation
agreement signed between the City and the government.
Pursuant to the terms of that ago agreement, the City was
required to prepare a five year financial recovery plan.
And that plan was presented to this Commission for approval.
It was approved by this Commission and then on January 14,
1998, approximately six weeks ago, a little bit less, the
plan was presented to the Financial Oversight Board for its
approval and the Oversight Board approved it.
That plan states that the City will operate at a surplus
during each of the five years in question. And the revenues
and expenditures for each of the five years are specifically
set forth in the five year plan. For fiscal year 1997-98,
which is the current fiscal year, there is a revenue line
for the fire fee revenues, assessments revenues of 23.8
million dollars ($23, 800, 000) .
Now, the question of whether to have a fire fee or not,
obviously, is a legislative question, well within and
properly within the purview of this Commission's
jurisdiction. From the standpoint of the Oversight Board,
and I suspect from the standpoint of our bond rating
agencies and financial underwriters and what not, the issue
is not so much what sources of revenue the City provides, as
it is that the City provide enough revenues to cover our
anticipated expenditures, and that the City do so from
reliable sources which are recurring year after year.
For example, to the extent that we have used land sales to
cover past deficits, once you sell a piece of property, you
can't sell it a second time. So that's a non -recurring form
of revenue. In looking at the current five year plan and
the current year of that five year plan, as I indicated a
20 February 24, 1998
moment ago, the fire fee revenue that's included in the
plan, is 23.5 -- 23.8 million dollars ($23,800,000).
There have been a myriad of suggestions, including my own,
concerning the reduction in the City's labor force.
Intended either to increase revenues from other sources, or
decrease expenditures. And it really comes down to a very
simple proposition. If you don't pass the fire fee at all,
or if you pass a modified version of the fire fee, whatever
amount of revenues are foregone, we either have to make up
from another source or we have to identify a corresponding
reduction in expenditures.
So, for instance, if the decision of the Commission were not
to impose a fire fee assessment at all, there will be a
decrease in revenues of 23.8 million dollars ($23,800,000)
that has to be made up for in one of two ways. Either from
an increase in revenues from some other source or with a
decrease in expenditures, or perhaps some combination of
both. We have tried to identify, and I know the Mayor has
written to you and to me, his thoughts on the matter. And
here's the problem.
The issue of using the reductions in the anticipated City
expenses, or contributions to the pension funds, is a
prospective issue. We have already heard from the pension
trusts and the pension boards, that because they have been
so successful in their investments, the City's contribution,
the monies that the City is required to contribute to the
pension trusts, the pension funds, will be smaller than
what's in the five year plan. However, however, that
reduction will not take place in this fiscal year. And
that's an important consideration for you to remember.
The fire and police pension trust contribution will diminish
and the general employees and sanitation employees
contribution will diminished by a combined total of nine
million dollars ($9,000,000) on October 1, 1998. Meaning
that it's completely outside the current fiscal year and
that diminution in expenses cannot be used to offset the
23.8 million dollars ($23,800,000), or whatever your
diminution in revenues might be if you don't adopt a fire
fee.
COMMISSIONER PLUMMER: Address second, third, fourth and
fifth year?
CITY MANAGER GARCIA-PEDROSA: That is correct.
21 February 24, 1998
Now, the other item that has been discussed, or one of the
other items that's been discussed is the solid waste fee.
As you know, one half of the solid waste fee has already
been billed. The other half is scheduled to be billed in
the amount of $83 in April. Were we to do that, that
additional half of the solid waste fee would generate
approximately five and a quarter million dollars
($5,250,000). Now, that five and a quarter million dollars
($5,250,000) is not in the five year plan. So that is
properly a credit against a 23.8 million ($23,800,000) or
whatever.
There is one other piece of the solid waste fee that could
be used to offset the fire fee. And Mr. Vice Chairman, I
want you to take particular note of this because you have
been very instrumental in identifying important expenditures
from that source. What is in the five year plan now is only
two million dollars ($2,000,000) of the first half, the
first five and a quarter million dollars ($5,250,000) of the
solid waste fee. So we billed one half of the solid waste
fee. We anticipate getting five and a quarter million
dollars ($5,250,000), but we only put two million
($2,000,000) of that in the five year plan. In theory, we
have an extra three and a quarter million dollars
($3,250,000) that can also be credited against the fire fee.
But now here's the problem.
Here's the problem. The problem is that there has been
repeated discussion at these days with the Oversight Board,
that that three million dollars ($3,000,000) be utilized for
the ongoing beautification program of the City, for the
training program of our employees, for the legislative
office that has been proposed to be established, and for the
audit and management office of the City's administration;
and then a very small balance be placed in reserve. Stated
differently, in order to utilize that three and a quarter
million dollars ($3,250,000) as a credit against the
elimination, if you will, of the fire fee, all of those
initiatives have to be eliminated. Let me just say this and
I'll be quiet.
So, if you were to do that, that is to say, if you were to
eliminate all of those initiatives, you have three and a
quarter million dollars ($3,250,000) from the second half of
the solid waste fee, you have five and a quarter million
dollars ($5,250,000) from the second half of the solid waste
fee, total eight and a half million dollars ($8,500,000).
COMMISSIONER GORT: Only going to have 53.
22 February 24, 1998
COMMISSIONER PLUMMER: You're saying three and a half in the
second phase.
CITY MANAGER GARCIA-PEDROSA: Three and a half in the first
phase and -- three and a quarter.
COMMISSIONER PLUMMER: Was not the first phase in the five
year plan?
CITY MANAGER GARCIA-PEDROSA: The first phase was in the
five year plan to the tune of two million dollars
($2, 000, 000) only.
COMMISSIONER PLUMMER: Okay.
CITY MANAGER GARCIA-PEDROSA: So you have three and a quarter
from the first half and five and a quarter from the second
half of the solid waste fee. If you add them all up
together, that gives you eight and a half million dollars
(8,500,000). Were you to forego 23.8 million dollars
($23,800,000) in revenue this morning, by virtue of not
adopting the fire fee, we would be able to credit against
that, the eight and a half million dollars ($8,500,000) and
we would still have to find 15.3 million dollars
($15,300,000). Or we would have to reduce our expenditures
in the remaining portion of this fiscal year by 15.3 million
dollars ($15,300,000), in order to comply with the state
constitutional requirement that we operate at a balance,
that we not operate at a deficit.
I will tell you that my own initiative to reduce the work
force of the City substantially will provide substantial
savings. But as a practical, not to speak of a legal
matter, we can come no where close to 15 million dollars
($15,000,000) in the remaining of 1997-98 fiscal year. It
depends on the number of people that we can actually reduce
and obviously, we're only talking about either a six or
seven month period left in this fiscal year. So I simply
ask you to bear in mind that since we're 15.3 million
dollars ($15,300,000) short at best, and since the
reductions in the City's contributions to the pension funds
are not applicable to the current fiscal year, we need to
identify decreases in expenditures to the tune of 15.3
million dollars ($15,300,000) for the balance of this year,
or you need to make up the revenues in some other way.
CHAIRMAN HERNANDEZ: Before I open it up to the public --
COMMISSIONER PLUMMER: That's about five percent of our
23 February 24, 1998
budget.
CITY MANAGER GARCIA-PEDROSA: Well, depends on whether you
count the 200 million dollar ($200,000,000) general fund or
if you count the collapsed, with the sanitation, and
everybody else collapsed in it, about 400 million dollar
($400,000,000) total budget. But remember, in the current
fiscal year, solid waste, the proprietary funds, which used
to be separate from the general funds had been collapsed
into the general fund. So now we think we have a 400
million dollar ($400,000,000) budget, when we only really
have to have a 200 million dollar ($200,000,000) budget.
CHAIRMAN HERNANDEZ: Are there any union representatives
that would like to speak on the issue before we open it up
to the public?
MR. CHARLIE COX: Charlie Cox, representing the general
employees. I want to make some real unpopular statements
here today. It will not be the first time in my career I've
done such. But I would hope the public understands, and I
hope that you sit here, now you all had enough fortitude to
pass this thing in the beginning. And since I've watched it
be tinkered with and tinkered with and tinkered with and now
we're at the stage we're at now.
I heard speeches about whether I get elected or not; I have
to be a leader; I have to stand for what's right for this
City. And when I look around here, the amazing part that
amazes me more than anything is that a whole bunch of these
people that are here today were those same people trying to
abolish the City of Miami. So I hope every everybody that's
here looks around and sees those same people that I see,
that tried to abolish the City of Miami.
I've been an employee for twenty-three years. The City has
been good to me. The residents have been good to me. But
by the same token, most employees have been good to the
residents of Miami and to the City of Miami. And I will
tell you, there is no doubt, the Mayor's proposal is a joke.
I'm sorry, it is a joke. When I see people getting
weak-kneed because of politics and that's what it is, it's
politics, it upsets me to the point that what's the point in
it?
If we're going to have decisions made and at the tenth hour,
we're going to get scared and change those decisions all of
you got to sit out there and look at everyone of these
people and let them know that the next time they have a
24 February 24, 1998
heart attack or the let them know the next time the police
are called, they're going to people --
(Jeers from the audience.)
CHAIRMAN HERNANDEZ: Please. Please.
VICE CHAIRMAN TEELE: Mr. Chairman?
CHAIRMAN HERNANDEZ: Vice Chairman Teele?
VICE CHAIRMAN TEELE: I want a Sergeant -at -arms up here on
this dais. And I want somebody pointed out and everybody that
jeers, boos, will not be speaking here. This is a democracy.
And those communists that are yelling out here, need to go
back to Cuba or go somewhere, because we are not --
UNIDENTIFIED SPEAKER: Don't be racist.
VICE CHAIRMAN TEELE: We are not going to go to Africa,
London or anywhere. But we are not going to let this
degenerate into a yelling, cat -calling, communist kind of
thing. Everybody here has a right to speak. This is not a
dictatorship.
Everyone here has the right to speak. Everyone. Not the
one that is saying what you want to hear or what I want to
hear or what she wants to hear. Everyone. The people that
are in this room have come to this country, freely, and of
their own will.
All of us are here and we're going to live together and
we're going to have to respect each other, and we are not
going to start jeering each other because we don't agree
with what someone is saying and it's not fair. It has a
chilling effect on everyone's first amendment rights; and it
is really the most un-American thing any of us can do.
And I want to basically, be very, very clear. Mr. Chairman,
I have never been for this tax. This is a horrible tax.
But I am here to support this tax because the majority of
the Commission said we're going to do it. But if we're
going to turn this Commission meeting, into a spectacle
where people can't speak in America, then I'm in the wrong
country. I'm in the wrong City. This is America. And in
America, you respect your brothers and sisters right to
speak.
And Mr. Chairman, while I'm on it, I'm going to be very
25 February 24, 1998
clear. I represent Overtown, among other areas. When
you've got slum landlords paying people to come down here
and jeer and speak. When you've got slum landlords that I've
got petitions that have chickens walking around with feces
on the front porch with many of these people signing them,
being given free lunches to come down and speak against
something, when you've got slum landlords who are getting
two and three million dollars a year from the City to patch
up property, and paint over it, and put a few rugs down, and
a few fixtures down, and raise the rent, and then go out and
misrepresent the truth by saying that if the City passes
this fee, I'm going to raise your rent.
Well, my friends, if you're that big a fool, come on down
because those of you that are on Section 8, he can't raise
your rent. He's got to eat it. He cannot raise your rent
if you're on Section 8. So, don't let someone come into
this community. We have seen enough damage done to Overtown
with the vote buying. Let's not let these slumlords start
buying citizens like they're slaves on a plantation.
Stand up for your rights. Stand up for your rights. Do not
let people come into Overtown and start to corrupt Overtown
the way other parts of this community have been corrupted.
I am sick to my heart when I read about vote buying in
Overtown.
The part of the community that built Miami. Thirty-three
and one-third of the people who signed for the City of Miami
came from Overtown. And now to have three busses in a
district that I represent offering people free food and
thirty dollars ($30.00) to come down -- and by the way, Mr.
Chairman, you also get a free credit if you're late on your
rent for two months. Instead of paying the $15 fee. We
should not let people buy us like this. This is a joke.
This is a joke.
And I resent people yelling and screaming when someone is
speaking. When you're speaking, I will fight just as hard
for you to be heard. Thank you, Mr. Chairman.
CHAIRMAN HERNANDEZ: Thank you, Mr. Vice Chairman.
MR. COX: Well, I don't know that let them know their parks
won't be manned. I will tell you there's no other
alternative but to take it from the employees. There is
going to be none other. And you're going to have to take it
hard because you're going to have half the year gone to make
this up. But let there be no doubt that the services will
26 February 24, 1998
not be there. You can't take it all from me. You can't.
There isn't enough left to take. So you're going to have to
cut into police; you're going to have to cut into fire.
And they can all talk about privatizing solid waste. That's
the biggest joke I ever heard. Their salaries aren't five
million dollars ($5, 000, 000) . I want to see where you can
save 15, 17 million dollars. That was all politics. It's
going on and it will still go on. There are people in this
building that can pick up their solid waste without no
charge. Everybody has a service. This is not a tax; it is
a fee. Nobody likes it. If you think we like it, you're
wrong. But I'm going to tell you what else is going to
happen. The Oversight Board, you're right. They're going
to be upset.
But how long are the employees supposed to be made the
laughing stock of this City? How long are the rest of us
supposed to be made the laughing stock? And that's all the
that's happening, day after day and that's all that's been
happening for the last year. Over a year since this mess
started. All I heard is all of you saying that we're going
to have to do the right thing. No matter what. And you're
not going to be able to fix this thing overnight. And you
know it, once this thing goes down, you cannot fix it
overnight. And a lot of these people are going to suffer on
services. Thank you.
CHAIRMAN HERNANDEZ: Thank you, Charlie. Tom.
MR. THOMAS GABRIEL: Tom Gabriel, Miami Association of Fire
Fighters. Let me say first, that the Fire Department is
somebody that you all call a lot, and you call them in your
times of need, and you call them in your times when your cat
is stuck in the tree or the wires are down on your fence and
you have to pay for that. But if it's not the fire fee, you
guys are going to have to pay in some other way. So, it's
just a matter of picking your poison, and I believe that
possibly, some people have organized a good crew and a good
lobbying campaign, and I can count my votes just as well --
well, not as well but I can count votes pretty good and I
can see this is going down. But you guys have to understand
that there's got to be an alternative. There's a couple of
viable alternatives that will probably be equally unpopular.
Whether it's the garbage fee or whether it's transferring
services to the county; or whether it's abolishing services.
Whatever it may be. You're going to have to pay the price.
There is no free ride.
27 February 24, 1998
Whatever you do, whatever you decide, as long as my members
are there, the Fire Department will respond to your calls.
I want you to know that this fire fee came about as a way
for the fire chief decided that the Fire Department could
come up with a fee in order to cover the costs. We didn't
do it because the Fire Department believes in fees; nor do
our fire fighters. We're homeowners, renters, also. So
please, don't take it out on the fire service; don't take it
out on the Commissioners. It's a plain financial reality.
We have to do something. And these members of the
Commission are going to have to make a decision and they're
going to be tough decisions and there's not always going to
be landlords out there protecting you. They're going to
raise your rent. They're going to raise your rent. They're
not going to pay your garbage bill for you, either.
CHAIRMAN HERNANDEZ: Thank you, Tom. Charles? Tom, there's
a question for you by the Vice Chairman.
VICE CHAIRMAN TEELE: Tom, let me try to understand this. I
don't know -- look, I came into this very late. When the
budget was passed in October, the budget assumed this fire
fee. I wasn't in the City. I got here in November. The
first time I really heard about this was December. There
was a debate here. One of the Commissioners even thought we
had passed the fire fee. Do you recall that?
Now, you said there are other alternatives. I don't know
but one alternative. One intelligent alternative. The
other alternatives I'm not going to vote for. One, I'm not
going vote to increase solid waste fee, on single family
homeowners. Most of these people, many of these people are
over 65, 60 years of age. I've sat through this on the
taxes where people are losing their houses. I'm not going
to vote to do that. I'm not going to vote to increase
anybody's tax or anybody's fee on their homestead. To me,
that's just almost un-American. Everybody who is on a fixed
income should be entitled, and these fees, Mr. Chairman, as
I understand them in the City of Miami, if you don't pay
your solid waste fee, there's a lien on your house. Is that
right, Mr. Manager?
CITY MANAGER GARCIA-PEDROSA: I'm sorry?
VICE CHAIRMAN TEELE: If a lien -- if a person doesn't pay
their garbage fee on their single family home, it's a lien
on their home?
CITY MANAGER GARCIA-PEDROSA: Yes, sir.
28 February 24, 1998
VICE CHAIRMAN TEELE: I just want to be very clear, Tom. I
want to help you. And I'm prepared to vote for this fee
today, not to help you but to help the City of Miami.
Because no one has given me an alternative. Everybody is
going say, don't tax me. Don't put a fee on me. But what
we need is alternatives today if we're not going to do this.
So I am not going to be in favor of that, even though you
made reference to it, I don't want to mislead you, just like
I don't want to mislead the people over here about what I am
not going to do. I am not going to vote to put a higher
garbage fee on single family homeowners. It's not fair
because it puts a lien on their house. Now, other than
transferring the Fire Department to the County, what other
option -- is that an intelligent option that we can look at?
COMMISSIONER PLUMMER: No.
VICE CHAIRMAN TEELE: That's your opinion, Commissioner, I'm
asking him. You're voting against the thing. It really
doesn't matter, in my opinion, how you respond in this
issue.
MR. GABRIEL: Mr. Vice Chair, at the risk of losing J.L.'s
vote forever, let me run down some of the things that we
discussed in the Miami Association of Fire Fighters and at
Metro Fire Fighters, back when the City looked like it was
going to get abolished. When we first reviewed what would
happen to our members, because that's my job, your job is to
protect the citizens. Mine is to do the members, some is to
protect their tenants. We looked at what would happen to
the City of Miami fire fighters and personnel and the City
of Miami coverage, if the City of Miami, by April 1st of any
year, decided to transfer the dollars, or the Fire
Department to the County.
And basically, it comes down to this. That the Fire
Department budget for this year, and actually, for next
year, 199, is 58 million dollars ($58,000,000). Dade
county, which translates to about four and a half mills,
using thirteen mills per million for the City currently.
Dade County currently charges 2.7 mills for their fire
service.
VICE CHAIRMAN TEELE: 2.567
MR. GABRIEL: We'll do it to 2.6. That translates to 2.6 or
versus 5 or close to five, I'm rounding numbers, fireman's
math, 2.5 mills or 2.6 for the County and close to five for
the City. What would happen is Dade County, the trucks
29 February 24, 1998
would turn green, the City would continue to get service.
VICE CHAIRMAN TEELE: In other words, you all are looking at
that option. You all have looked at that option?
Mr. Gabriel: We have explored it during the crisis.
VICE CHAIRMAN TEELE: Let me just say this, Tom. If this
proposal goes down, I will undoubtedly fully support
transferring the fire rescue services on the -- or the fire
services to Dade County, as opposed to laying off people,
because what we're talking about here is not are we going to
pass the fire fee or not. We're talking about, as the
manager has addressed, how are we going to come up with 23
million dollars ($23,000,000)? I have got to tell you
something, the Manager, while he was totally accurate, he
gave the best case, because what the Manager didn't say is
that we're six months, effectively, six months into this,
and 23 million dollars ($23,000,000) is more like 46 million
dollars ($46,000,000) from for the remainder of this year.
For the remainder of this year, and then it's 23 million
dollars ($23,000,000) thereafter in terms of the overall
budget effect.
The problem you've got, Tom, and I'm going to be very candid
with you because I don't know if everybody understands that
your union is more vulnerable to what the Manager and the
Mayor are proposing than any union other than Solid Waste,
and that's because your budget is largely general fund
budget. The police, on the other hand, they only lay off
one person. You know why? Because to get a general fund
$100,000, they've got to give up 15 million dollars
($15,000,000) in federal grant money. So, there's going to
be no savings at all in laying off one police officer.
Because to lay off one police officer, you've got to give up
almost 15, 16, 17 million dollars of grant money and someone
should give me what the right number is, Dipak or somewhere.
So, the problem is this: The police union, the police
department and the fire department represent together fifty
percent of all of the employees of the City; is that right,
Mr. Manager?
CITY MANAGER GARCIA-PEDROSA: Yes. A little more.
VICE CHAIRMAN TEELE: More than fifty percent. So when you
start talk being a 23 million dollars ($23,000,000) cut,
let's say 15 million dollar ($15,000,000) personnel cut, to
get it for the remainder of this year, you're talking about
30 million dollars ($30,000,000), the equivalent of a 30
30 February 24, 1998
million -- we're six months into --
CITY MANAGER GARCIA-PEDROSA: Just can't be done
mathematically.
VICE CHAIRMAN TEELE: What do you mean?
CITY MANAGER GARCIA-PEDROSA: Can't we cannot extract 15
million dollars in savings and personnel between now and
October 15.
VICE CHAIRMAN TEELE: What are we going to do? The issue is
not are we going to pass the fire fee, the issue is where
are we going to come up with the money in the budget?
CITY MANAGER GARCIA-PEDROSA: That's right.
VICE CHAIRMAN TEELE: And for everybody who is voting no,
which is your right, and I don't condemn anyone for voting
their conscience. I'm not at all condemning anyone. For
everybody voting no, you got to come up with what are we
going to do.
Otherwise, this is going to be New York Times, Wall Street
Journal, Washington Post, forget our favorite newspaper,
front page story again, "Miami Teeters Into Bankruptcy;
Miami In Crisis". And it's not going to be the Oversight
Board. Don't worry about the Oversight Board. They don't
all live here.
The Oversight Board is going to be the least of this City's
problems. The real problem is going to be the fact that
this City is going to basically lose all of its credibility
in Wall Street, in Tallahassee, in Washington, and no one is
going to want to help us out with grant money if we can't
make the hard decisions. So the only solution I see, Tom,
honestly, is to transfer immediately the Fire Department to
the County and hope that we can negotiate something with
them willing to take it over and let them do the paring
down. I don't want to mislead you and we're on the record,
I don't want to do that, Tom, but that's the only thing that
I can see we can do.
MR. GABRIEL: Mr. Chairman, if I may just follow that up a
little bit. You have to remember that this came up as
self-preservation during the Save Miami campaign. Some of
the numbers are not up to date, because we hadn't looked at
it since then. However, there will be some things saying
that Metro does not respond as quickly; they don't do the
31 February 24, 1998
same type of service. We have been in contact with their
Local and have looked at the numbers. Their millage rate
will cover 31 million dollars worth of our coverage, which
covers a whole bunch of that, of necessary vehicles out
there. I do not know anything about transferring mid -year,
and again, it's an alternative.
VICE CHAIRMAN TEELE: But that --
MR. GABRIEL: We're not necessarily out there advocating.
VICE CHAIRMAN TEELE: April 1, they drop dead, something
like that.
CITY MANAGER GARCIA-PEDROSA: I actually have to give them a
six month notice.
VICE CHAIRMAN TEELE: I think with the new board, and I've
got a lot of confidence in the board, Mr. Godoy and Daniel
Webb and those people. We need to start those -- if this
goes down, we need to start those negotiations today and
I'll work with the internal auditor, anyone else to help do
that. I don't want to do that, Tom. I am being honest.
But this is not a case of passing the fire fee or not. This
is a case of are we going to get 23 million dollars
($23,000,000) that the Manager has outlined and I'm going to
tell you, I'm going to be as responsible as a I can and I
don't want to do that but I will work day and night to
effectuate the transfer of the City Fire Department to a
County Fire Department, if that saves us jobs and provides
service to the citizens.
MR. GABRIEL: Just one last thing. If anyone thinks we're
jumping to greener pastures, if anyone reads the paper,
Metro Dade is looming towards the same type of problems so
we're not going into it with looking to go towards greener
pastures. We understand that they're up against the gun
also. But it would save the City a whole bunch of millage
and maybe even reduce the taxes.
CHAIRMAN HERNANDEZ: Mr. Charles?
MR. NORMAN CHARLES: Norman Charles, President of City
Independent Group Union. Mr. Chairman, Mr. Vice Chairman,
it is with deep regrets that I stand here this morning to
analyze the situation of what is going on in Miami. I know
that we're faced with a financial crisis. We're trying to
solve it by moving the audit to pass this fire fee tax.
32 February 24, 1998
I want to state to the Commission, and I want to state
clearly, that you owe the citizens of Miami everything that
they is entitled to. The Manager of the City also owes the
people that work for him a responsibility. I would like to
say, even though it is opposed to Vice Chairman Teele, what
he just said, if you do not get the money from the fire fee,
you will have to get it from the garbage tax. One way or
the other, this money has got to be raised. And it is my
intention and the thoughts that I carry, that everybody is
looking to Solid Waste Department. You're speaking about
privatizing Solid Waste in order to come up with money or
whatever.
I can assure you that when Hurricane Andrew came, I didn't
hear anybody ask for a police officer; I didn't hear anybody
ask for a fire officer. The only question that was asked in
Miami, and it was asked by a lot of you Commissioners, where
is my garbage man and when is they going to come here? I
can assure you that Andrew is the witness to this City. I
have seen more roaches, maggots, rats, you name it.
Everything has been infested under this garbage. So what I
would like to ask you, Commissioners, to do today is to make
sure you go ahead and do the right thing, pass the fire
taxes. Thank you very much.
CHAIRMAN HERNANDEZ: Mr. Rodriguez?
MR. TONY RODRIGUEZ: Good morning, Tony Rodriguez, Miami
Fraternal Order of Police. I'll be brief, because I think
my colleagues have already covered a lot of issues that I
was going to talk about. As I see it here, I'm not going to
stand here and tell you, or our citizenry to think about
what happens next time you call 911, and so on, so forth.
The fact is, no matter how bad it gets, as long as there are
police officers and fire fighters on the street, we're going
to continue to serve our public because that's what we do
and that's what we enjoy doing. I'm not going to sit here
and talk about the politics of this issue because to be
frank, I think I'd be wasting my time. That's a reality.
As I see it, this is an economic issue. Bottom line,
simple. If you don't do this, then what are you going to
do? Because you don't have the money.
Period. And if you don't do this, then someone else is
going to make the decision for you. I mean, I'm
flabbergasted by some of the things that I'm hearing here,
we're even considering giving our Fire Department to the
County so that they can do our fire service? Are we crazy?
That's what we've gotten down to. You know, listen. You
33 February 24, 1998
all have a tough decision to make. Especially in light of
some of the strong opposition you have here. You're elected
officials. I understand that. I'm elected by my members.
Sometimes I make decisions that they don't like and that's
just the way it works. But the reality is, I'm not here in
favor of a fire fee or not in favor of a fire fee. I don't
care how you do it but you got to get the money. That's
what I'm in favor of. If you don't do this, and you don't
want to do a garbage fee, then what are you going to do?
You've got until October to come up with 15 million dollars
($15,000,000), at best scenario. I agree with the City
Manager on that. You've done the numbers, we've done the
numbers.
It's really simple. It's a tough decision, we need to come
up with that money. And let me tell you, to do away with --
not that you'll be able to, because there's no way you can
fire enough people for that. But to do away -- you're
right, you can't fire police officers to get savings,
because federal funding million of dollars. When you do
away with more non -police service, your police services
suffer. Right now our officers are spending more time,
clerical works, reports and so forth when they should be on
the street doing what they do best. So, it all impacts
people. You can, you know, there's no free gifts here. It
all impacts on the services that all of us have become
accustomed to receiving. And it's an economics issue. It's
a tough decision. And that's why you're the Commissioners,
so you know my position on it. Thank you.
CHAIRMAN HERNANDEZ: Okay. We're going to start over here.
Let me recognize the Archbishop. Archbishop Favarola, you
can take the mike and give your statement. And we have
Rabbi Solomon Schiff, Director of the Greater Miami Jewish
Federation, Reverend Irvin Elligan, Jr., African American
Council of Christian Clergy, Anthony Verdugo from the
Christian Coalition. Archbishop, you may start and then
we'll go one and one.
ARCHBISHOP JOHN FAVALORA: Thank you. Mr. Chairman and
distinguished Commissioners. On behalf of the Archdiocese
of Miami and the other religious denominations serving the
residents of the City of Miami, I once again welcome the
opportunity to address the members of the City Commission.
When I appeared before you last month, I reminded you of the
enormous impact that churches, synagogues and temples have
in serving the needs of our City. We serve not only the
spiritual needs of our residents but we provide community,
34 February 24, 1998
social, educational and charitable services as well. In
most cases, our services are provided not only to low income
persons, but to those with no ability to pay for any
services. The proposed limited exemption of the fire
service fee using Dade County's property code classification
is flawed and insufficient. The original fire service fee
was estimated to cost the Archdiocese alone over $400,000.
The fee as proposed at your last meeting, which exempted
only the worship space, will still result in an estimated
fee of well over $265,000 to the Archdiocese.
This .limited exemption is inadequate. This month, the
Greater Miami Religious Leaders Association unanimously
passed a resolution seeking a complete exemption from the
fire service fee consistent with the current ad valorem
exemption, which churches, synagogues and temples have
traditionally enjoyed.
This historically grounded exemption recognizes the critical
role that churches, synagogues and temples make to community
life and the state's accommodation of this important role.
Once again, Commissioners, on behalf of the Archdiocese and
all religious denominations serving the residents of the
City of Miami, I ask that you grant a complete exemption of
the fire service fee to all properties owned by religious
institutions, consistent with the current and lawful ad
valorem exemption.
Thank you.
MR. FRED JOSEPH: Fred Joseph, 1717 North Bay Shore Drive.
I'm the President of the Grand Condominium Association. I
appreciate, Chairman and Vice Chairman, the opportunity to
speak. I have a few items that I wish to make clear. One
is, we're not going to say that we cannot afford this tax or
fee. We're going to say that it's another user fee that
you're putting on condominium developers, condominium
people, apartments, and apartment dwellers. That is, in
essence, your way of trying to discourage more development
by more people into the City of Miami.
The second item that I wish to talk about, is the young men
and women, the City of Miami who say they're employees. We
have Union Representatives, of all the great services, but
unfortunately, I would like to see The Miami Herald or some
other paper run the address where they live. Not their
names, but the personnel and where they live. Do they live
in this fine City that they protect? Do they live in this
fine City that they clean? Because if they did, maybe they
35 February 24, 1998
wouldn't be so eager in their union to vote on something
inside their own City.
We have found most of their people at a lot of functions
outside of this City. I have a lot of problems when I see a
City of Miami vehicle, police vehicle, leave the City of
Miami after 5 o'clock going home. If they paid the same tax
the citizens of Miami paid, maybe they wouldn't vote for
their union to do what they're prescribing for them to do.
The other item that I wish to bring up --
CHAIRMAN HERNANDEZ: Your time is up.
MR. JOSEPH: Thank you.
CHAIRMAN HERNANDEZ: Rabbi Schiff?
COMMISSIONER PLUMMER: If I may, it's with my permission
that if any of the clergymen who have already spoken, just
clergymen, would like to go into my conference room and
watch it on TV, and at least sit down, you're more than
welcome to.
RABBI SOLOMON SCHIFF: My name is Rabbi Solomon Schiff, I'm
the Executive Vice -President of the Rabbinical Association
of Greater Miami. My office is at 4200 Biscayne Boulevard
in the City of Miami. Members of the Commission, I
appreciate this opportunity to add my words to those already
heard from Archbishop Favarola and those that will follow.
I am here to join with the other clergy and the other houses
of worship representatives in asking for a full exemption of
the fire fee for the churches and synagogues as well as
their educational services and programs.
I'd like to paraphrase an often used expression: If it looks
like a duck, it walks like a duck, and quacks like a duck,
it is a duck. If it looks like a tax, and serves as a tax;
it is a tax. No matter what you want to call it. And if
it's a tax, then we have to remember that religious
institutions have been exempt from taxes from the very
beginning of our republic, because of the recognition of its
important work in the health, welfare and social services of
the community. Now, the private and non-profit agencies are
in terrible distress. A few months ago, a well known
agency, religious agency, CCSA, Christian Community Service
Agency, folded because of a shortage of funds. The Health
Crisis network, which did such tremendous work in combating
AIDS, one of the highest communities that we have in the
country is where aid, had to be cut back severely. Today's
36 February 24, 1998
Miami Herald has an article which says, most states hurt
welfare families. Researchers place Florida near the
bottom. It says here, that of all the states, we are close
to the bottom in terms of how we handle the welfare
agencies.
So we, the religious institutions, will have to bear
additional burdens. We help feed the hungry. This
Commission passed a vote establishing the HAC, the Homeless
Assistance City Center and we, the religious institutions,
have feeding programs, each and every day of the year, drug
rehabilitation programs, educational programs. To quote the
Archbishop in a recent comment which he said -- if the
religious institutions are forced to close, then the City of
Miami will have to put out more fires, literally, and
spiritually and figuratively. We ask you to eliminate this
tax and we thank you very much.
CHAIRMAN HERNANDEZ: Thank you, Rabbi.
MR. MANUEL GONZALEZ: I am Mr. Manuel Gonzalez. 2469
Southwest 14th Streets. My dear citizens and Commissioners.
I am going to quote in a few seconds that I have here,
William Shakespeare when he said, "The fault, dear Brutus,
lies not in the stars but in ourselves". You are to be
blamed for electing these people to the Commission. You
should have given the vote to me. I don't cry for any of
you. And I don't cry for any of these Commissioners. And
let me tell you this is my only following, because I cannot
speak in the Hispanic radio stations, and I strongly
criticize Mr. Moreno for one thing, Professor Moreno.
He made a big understatement. Actually, Miami is not a third
world banana republic. Miami is a third world malanga and
boniato republic.
CHAIRMAN HERNANDEZ: Reverend Elligan? Quiet, please.
REVEREND IRVIN ELLIGAN: I'm Reverend Irvin Elligan.
Currently, the chairperson of the African American Council
of Christian Clergy and our meeting headquarters is on
Northwest 15th Avenue in the 6800 block. Our motto is
"Preparing A People". I want to speak briefly, as briefly
as I can, although that's not my usual process as a
preacher, but I speak of a group of people who are under-
represented at best, largely because they happen to fall
into the lower category of citizenry. And this affects
churches, as well as other parts of our community. These
37 February 24, 1998
churches, many of them, just small agencies or institutions
do not know what it would be like, or they do know what it
would be like to have to add on an expense to operate. To
stay in business, to serve the community; to help us fulfill
our motto, "Preparing A People". We have had several recent
evangelistic exercises that are designed to lift the spirits
of the people so that they can be better citizens of our
community. If we now make a greater burden for them, we
submit ourselves and subject ourselves to an increase in
crime; an increase in unintelligence and things of this
nature. Whereas these churches have been dependant for all
these years, all these ages now, upon a government that does
not require them to be taxed.
I don't know what the real solution is and I've heard some
marvelous suggestions about how we would go about it. It
has not become a final thing for us but we do know this.
And we hope that when we do find a way, it will not be
dissipated by somebody or some things, that don't know how
to manage public funds. So we would run into crisis like
this. But we trust that at this point, it will not be a
burden that is cast back upon the poorest segment of our
community to try to make up for what has grown down by those
who perhaps are not as poor.
I would say a lot more on that, but I do trust that you will
find other ways, yes. There are not other ways that we can
utilize, that we see on the horizon, but we've go come out
of things before and I heard the Mayor say something a
little while ago, about our ability to come out of this and
I believe with we can, without taxing and punishing the
smaller institutions like our churches.
Thank you, very much.
CHAIRMAN HERNANDEZ: Thank you, Reverend.
MR. BOB FLANDERS: Bon Jour, Buenes dias, and still good
morning. I'm Bob Flanders and I've lived at 720 Northeast
69th Street which we also call Palm Bay Lane since 1981.
I've lived in the City since 1973 in the Grove. Last night,
I was reelected to the Board of the Palm Bay Towers, and
I'll continue to serve on as president, I hope, for another
three years. I also sit on the board of the revitalized
Palm Bay Club and Marina and I represent actually the three
buildings that make up Palm Bay, which are almost 400
apartments filled with 800 homeowners and taxpayers, I may
add.
38 February 24, 1998
Anyway, we completely oppose the fire rescue fee, tax or
whatever you want to call it. However, we'd like to state
uncategorically that we support the police department and we
support the fire department and we think we have the best
that you can get. We are civic boosters and we've worked
with the City, State and federal officials to improve
Biscayne Boulevard and Miami surrounding historic neighbors.
And I'm a co-founder and vice-president of the Upper
Eastside Miami Council, a not for profit civic improvement
organization. We are focused on revitalization of Miami.
Anyway, there are two compelling reasons why we are against
the tax. One, we pay, as you know, for private garbage
collection. We also just spent in our building alone,
$185,000 putting in a brand new, state of the art electronic
fire safety system and sprinklers, okay? So we don't feel
that this tax or fee is properly administrative. We don't
feel it's fair.
However, let us help you, all right, make a decision here
today. You said you were looking for alternatives and I
have one alternative, actually. If you think of the
business of the City of Miami, it is in the business of
offering intangibles. Fire service is an intangible; police
service is an intangible and I hold that they both accrue to
the benefit of the homeowners and the businesses in the City
of Miami. Garbage collection is a tangible. You physically
have to pick something up and we think you should charge for
it, or you should privatize it. Thank you, very much.
CHAIRMAN HERNANDEZ: Christopher Wheel?
VICE CHAIRMAN TEELE: Mr. Chairman, Mr. Chairman, Mr.
Manager, I see a lot of people that I represent applauding
for that and I want to be very clear. Privatizing the Solid
Waste Department means putting how many people out of jobs?
COMMISSIONER GORT: 300 and some.
VICE CHAIRMAN TEELE: We're not talking about theory now,
we're talking about families. Most of whom are minorities,
either Hispanic or black; 98 percent are minorities, about
80 percent are black; and so, when you all start applauding
putting people out of jobs and having families, this is a
very serious issue. This is not show business, folks. And
we're listening to your views. Some of the Commissioners
are very swayed by applause like that or boos or hisses. I
just want people to understand, particularly the people that
I represent, when you start applauding putting 80 percent of
300 and how many?
39 February 24, 1998
CITY MANAGER GARCIA-PEDROSA: It's probably in the
neighborhood of a couple of hundred.
VICE CHAIRMAN TEELE: Two hundred? Two hundred people out of
work, these are very serious issues. And while I certainly
have heard the argument that somebody's rent could go up $15
or $10, or $20, or whatever the landlord is saying, I just
ask you to question whether or not you'd rather see somebody
that you sit next to because this is a very serious issue.
This is not about the fire fee. This is a about where are
we going to get the money to balance the budget. And if we
don't impose a fire fee; as the gentleman just said,
privatize garbage.
And Mr. Chairman, Mr. Mayor, Commissioners, the garbage
workers have done -- have been asked to do more than any
human being should be asked to do. They are doubling the
amount of garbage they're carrying as compared to two years
ago; they have bent over backwards and I'm very -- I'm very
disturbed as what I'm hearing, Mr. Chairman, particularly
from the churches, because the churches need to understand
that people who go to church are people, and we're talking
about putting the option here not the fire fee or no fire
fee. The option is the fire fee or people hitting the
streets not having a job. And when somebody stands up and
says, put garbage workers out of a job, 200, 180 or so are
black people who don't have any jobs, black unemployment is
three times that of white unemployment in this city. Black
unemployment is four times -- black youth unemployment is
four times that of white youth unemployment in this city.
And if we're saying we're not going to even let black people
carry garbage in the City of Miami, and privatize it, and
then get applause for that, I just wonder where we are
going? Where's our conscience? Now, no one wants to pay a
fee. I will probably pay more fee than anybody on this
commission dais, because I live in the same building that
the first speaker spoke about.
We get hit four times heavier than anybody else. And
everybody knows that I don't have the money. But the fact
of the matter is, this is a serious matter, and I'm just
appealing, particularly to the people that I represent, to
please think about this because you don't need to put your
brothers and sisters out of work. And what the gentleman
just said is privatize garbage.
COMMISSIONER PLUMMER: Sir, if I may. I was just trying to
ask the Chairman where we're going to go because if we're
40 February 24, 1998
going to have any great number of speakers, we normally have
a policy that the last speaker at noon is the last speaker
until the break.
So I think, Mr. Chairman, whether we're going to make a
determination of going through this to its finish and then
go for the break or you could be another two to three hours
of just speakers alone, whether you're going to break at
noon and come back, I'm only asking for a determination of
which way we're going to go. If we are going to break, then
I think all these people standing here know to come back at
3 o'clock.
Yes, that's fine. And you can now be quiet so I can finish.
I would appreciate it. Thank you. Mr. Chairman, I am
merely made the statement for the purposes of an
understanding, which way we were going to go.
CHAIRMAN HERNANDEZ: Well, there's two things. Number one,
Vice Chairman has an event at the Miami Riverside Center
reference to black history month, which was preannounced and
sent by memorandum to everyone here on the Commission.
Number two --
VICE CHAIRMAN TEELE: Mr. Chairman, this is a city event.
I'm a speaker.
CHAIRMAN HERNANDEZ: You're the speaker. We're all going. It
is a city event.
Now, we could either proceed and go through lunch time and
hear everyone out; we could either make a decision if those
people that are here that would like to speak, not speak at
all, we make a decision and vote, but again I --
VICE CHAIRMAN TEELE: Mr. Chairman, with your permission, I
will excuse myself at the appropriate time to give the
speech on behalf of the City's black history month
celebration, but I think, in fairness to these people, and
particularly, given the direct impact that it's going to
have disproportionately on the minority communities, that we
should go ahead and accommodate the citizens that are here
to be heard.
And obviously, I would apologize on behalf of all of my
colleagues, that this is important business at hand. But
obviously I don't feel great when the last conversation is
to lay off, you know, half of the blacks of the city.
That's basically what they're saying. And worst, black
41 February 24, 1998
people sitting out there applauding.
CHAIRMAN HERNANDEZ: Well, we're going to hear two more
speakers. I think everyone should be given an opportunity
to speak. We shall break and we shall come back and
continue this meeting on this issue and take a vote upon the
last person speaking.
CHAIRMAN GORT: Mr. Chairman:
CHAIRMAN HERNANDEZ: Commissioner Gort?
COMMISSIONER GORT: Let me ask you a question. If we're
going to be repetitious, we all more or less know where we
stand. And Vice Chairman Teele, for your benefit, before,
you were here, both J.L. and I, we suggested that some
measures should be taken in order to increase the revenues
that come in here.
Unfortunately, we didn't have the support of the rest of the
Commission to do so. At the same time, I'll state it one
more time, when they came to me, one of the biggest problems
we had was the amount of tax-exempt properties that we have
within the City of Miami. And one of the things that I
talked about since from the beginning, I told the attorneys
and I told the fire chief, I told everyone. That if this
fee is across the board for everyone, I don't have any
problem. But once we start modifying this and we start
making special fees for certain people and it is not all
across, then I told him I would have a problem.
That's why I have a decision today. At the same time in
conversations with the City Manager, because I also think
there are employees, sanitation and police, that have done
an excellent job. Unfortunately, we only reflect the
negatives. Many employees have done quite a bit. The City
Manager assured me that whatever takes place in the
Sanitation Department, the employees wouldn't be affected.
That's my understanding of what he had stated to me. There
are many other alternatives that we can look into. We had
looked into it before, but we didn't have the support of the
rest of the commissioners.
But both J.L. and I came up with some alternatives. And you
don't have to fire everybody. You can make a combination,
increase revenues some how or it's all across the board. We
know where we all stand, I think coming back at 3 o'clock
and hearing the same people saying the same thing, would be
just a futile exercise. I think we need to take a vote and
42 February 24, 1998
make a decision right now.
(Applause)
CHAIRMAN HERNANDEZ: Can I see a show of hands of those that
want to continue this hearing and speak before we take a
vote; or -- may I see a show of hands, please? How about
those of you that are willing for us to -- I'll let you
speak, before we vote, to take a vote and not continue this
meeting?
COMMISSIONER PLUMMER: Mr. Chairman?
CHAIRMAN HERNANDEZ: Commissioner Plummer?
COMMISSIONER PLUMMER: Mr. City Manager, Mr. City Attorney,
would you advise me. We are only here today to vote on the
issue on the agenda; am I correct?
MR. MAXWELL (INTERIM CITY ATTORNEY): That's correct.
COMMISSIONER PLUMMER: Okay. Now, with the exception of my
colleague, Mr Teele, it is my understanding that the rest of
the colleagues in reference to the item on the agenda are in
opposition. I'm second-guessing, but I've read the paper, I
don't always trust the morning edition, but once in a while
they're correct.
My question is, if in fact that is the only thing we're
going to vote on today, I'm ready to say, item 2, is not
approved. Now, excuse me. If that is the case, and I'm
asking you, Mr. City Attorney, I know that we're going to
have to come back and we're going to have to find other
sources of revenue, and some that are going to be just as
distasteful as this one is, we've got to find the revenue,
so don't kid yourself, when you walk out that door, this
City has got to come up with a way of finding revenue. But
if what we're here to vote on today is just that item two,
then I'm ready to move for its defeat. If I can do that,
but I don't know if that's what we're talking about; and at
the same time, would be to instruct the Manager to go about
the business of trying to come up with alternatives for the
purposes of covering the deficit.
So you know, I can cut this off from any more speakers if
that's the case. I think I can. Wait a minute. Please.
Please let's do this as my colleague says, orderly. Mr.
City Attorney?
43 February 24, 1998
MR. MAXWELL (INTERIM CITY ATTORNEY): Sir, you have four
options before you today. The you're right, agenda item
involves really implementation of the fire assessment fee.
One, you can conduct the hearing as you're doing and proceed
to vote to confirm or modify the first or the initial
assessment resolution. Or you can conduct the hearing and
immediately vote to repeal the initial assessment
resolution. If you do that, there will not be an imposition
of the fee.
Or you can conduct a hearing and at closure, may continue
the item to another date certain, therefore, you would not
have to advertise it; or you may simply continue this
hearing to a date not certain, therefore, we would have to
advertise it. So the question, based on what you just said
before is that if you vote to repeal the initial assessment,
that would kill the item.
COMMISSIONER PLUMMER: Wait a minute. You did also say
modify?
MR. MAXWELL (INTERIM CITY ATTORNEY): Modify.
COMMISSIONER PLUMMER: That we could modify. If we kill it
today, we would not have the opportunity then to have
anything on the tax rolls as we were scheduled to do; is
that correct?
MR. MAXWELL (INTERIM CITY ATTORNEY): That's correct. If
you repeal the initial assessment. And I can -- may want to
also direct that question to the --
COMMISSIONER PLUMMER: Well, just going to give a very brief
opinion. I think Commissioner Gort and I are of the same
thinking. Instead of all eggs in one basket, that we could
come up with some kind of an across-the-board kind of
scenario, or a combination, because it's got to be. There
is just no ifs, ands, buts about it, that 23 or 15 million
for this year has got to be found. Now, I've said from day
one that I was opposed to a fire fee, because I didn't think
that it was equitable. I was the idiot in an election year
who agreed to double the garbage fee. It did not pass. So,
now what we're going to have to do, like it or not, and I
don't like it, because I pay the taxes; we got to find
another source. And I think I would hate to give up on a
vote today, my option, if we were to say, reduce the fire
fee down to $25, or some combination thereof, but I think,
you know, we can't kid ourselves. We just can't kid
ourselves. I'll tell you what I'm doing right now. I'm
44 February 24, 1998
probably going to be damned unpopular, but I'll tell you
right now what I'm doing in my office. I'll tell you this
afternoon. I'm ready to cut my budget five percent.
Now what I'm saying -- wait a minute. Please let me finish.
What I'm saying to you is, Mr. Manager --
COMMISSIONER GORT: We cut it ten.
COMMISSIONER PLUMMER: I cut it 15 at the last budget
hearing.
I dropped two employees. I'm down now to three. And I'm
looking at my budget of whether I can live within my budget
and I think I can. But I think, Mr. Manager, the budget
total is 300 million.
CITY MANAGER GARCIA-PEDROSA: I think you're right.
COMMISSIONER PLUMMER: And predicated on, that's a five
percent cut, you cannot convince me that you can't cut five
percent, police chief might not like it; fire chief might
not like it, but let me tell you, if it's that or their job
or give it to Metro, they'll like it.
(Applause)
COMMISSIONER PLUMMER: Excuse me. Let me finish, please.
I'm saying is what I would like to look at before this
afternoon, when we could come back, without giving up any
options now, I don't want to give up an option that I can't
come back to if necessary, is to look at the option of
coming back with a five percent reduction, I mean, across
the board, across the board.
Yes, you're going to have to do more with less. But you've
got to cut -- you know, I'm in business. I can't spend
money I don't have. And this City found itself in a
position that that's what happened to us. Bad information,
I said from day one. People say, Plummer, you were here. I
was no better in my votes than the information that was
supplied to me. And yes, it was bad information and yes,
the votes were not proper. But that's what that's what
happens. I'm saying again, I don't want to give up my
option, even though we possibly will. But Mr. Chairman, I'm
giving you my thoughts of which I'm entitled to. I've been
very quiet, unusual for me, but I just had to say that on
45 February 24, 1998
the record and am I correct in a five percent, would be
roughly 15 million dollars ($15,000,000)?
CITY MANAGER GARCIA-PEDROSA: Five percent of 300 million is
15 million.
VICE CHAIRMAN TEELE: Effective October 1, but now we're six
months into this thing. So five percent at this point in
time is ten percent for the remainder of the year.
COMMISSIONER PLUMMER: Seven and a half. Okay. All right,
you know, I'm not sitting here saying that there isn't some
other combination. You know, if we could eliminate
tomorrow, a third of our assessable tax base as tax exempt,
we're out of the trouble and we're in clover. That's a
hundred million dollars ($100,000,000) in taxes that we're
not receiving because properties are tax exempt and I'm not
talking about churches or homestead exemption.
You got private companies, profit making that are tax
exempt.
It's wrong. For two years I have fought in the legislature
and for two years, they keep telling me, we don't want to
change it.
VICE CHAIRMAN TEELE: The Miami Heat.
COMMISSIONER PLUMMER: What I'm saying is, just look, we got
a new Post Office going down here, Post Office Annex on
Dixie Highway and Bird Road. That paid, I think, about
$150,000 a year in taxes when it was an automobile agency.
Today, is now the Post Office and they pay us nothing. We
cannot continue to have thirty-three and a third percent of
our assessable base tax exempt. I know some of the
churches, I would fight to my last breath for the church but
Bishop, you might not like what I'm going to say. There are
accessory uses in the church that I think have a possibility
to be taxed. The church, no. The church, no. But I think
that if there are profit -making things in the church, that's
test case in the State of Florida. So, you know, I'm making
my point, the bottom line, can't be denied.
VICE CHAIRMAN TEELE: Mr. Chairman?
CHAIRMAN HERNANDEZ: Mr. Vice Chairman.
VICE CHAIRMAN TEELE: If Commissioner Plummer is right and
there are four votes here to kill this fire fee, then I
46 February 24, 1998
think it would be a disservice to everyone to continue the
hearing and we should vote on it. If that's-- I did not
know until that moment, I assumed that the Chairman was
voting to support the fee. I was shocked to learn that
Commissioner Gort, of course and Commission Regalado had
receded, but I respect their views, and the fact is that
this is America, and you're free to have your own opinion
and I respect your opinion, Commissioners.
I have never been for the fire fee. My concern is simply,
when I was elected, this is the only proposal that had been
developed and brought forward. Commissioner Plummer, with
all due respect, you argued with me and the Manager that we
had already imposed the fire fee. You thought we had. The
public had been told we were going to impose the fire fee.
If there is a better fee; there if there is a better way to
do this, then let's do it. If there's four votes not to do
this, then so be it. The simple fact is this,
Commissioners. It is financially irresponsible for us to
continue to play games and play chicken with the Governor's
Oversight Control Board, with Wall Street and worst of all,
with the reputation of the City of Miami.
Unfortunately, Mr. Manager, the Attorney has said that's the
only issue on the agenda. I respectfully accept, because
this board, Commission, has until today to send forth by
March 1st, how we're going to have our budget in balance
based upon the October budget, based upon a requirement of
the Oversight Board. The Oversight Board agreement is an
inter -local contractual agreement. It is a contract between
the City and the State of Florida. And while this fee may
not be accepted, we have until when, Mr. Manager, did they
give us? Did they give the City of Miami to report back
into the first meeting in March?
CITY MANAGER GARCIA-PEDROSA: We told them that we would
present them with the revised budget during the course of
the month of March, and we indicated it would probably be in
the beginning, yes.
VICE CHAIRMAN TEELE: You indicated it would be at the first
meeting, which based upon the estimated conference -- in any
event, the issue is not the fire fee, gentlemen. The issue
is the budget. The fire fee was simply the way to address
the budget. If we're not going to impose the fire fee,
let's let everybody go home; let's vote four to one because
that's the only thing on the table.
I don't like the fire fee but I'm not going to be in my -- I
47 February 24, 1998
am not going to vote against a fire fee or against a revenue
stream, unless somebody gives me an alternative revenue
stream. And yes, it's fine to talk about we got to study
this; we got to study this.
Well, guys, the last time I looked, we all studied this for
two years. Okay? So now we're at the 13th hour. The
budget that we're talking about is not the 1999 budget.
We're talking about the October 1, 1998-97 budget for FY 98.
Now, this is a 13th-hour debate that we're having. The
clock has already struck 12. It did on September 31st or
30th, 1997. When Commissioner Plummer talks about these
great cuts of five percent, okay. The fact of the matter is
we're talking about a cut much deeper than five percent; but
each Commission budget is across the board approach, which I
don't necessarily support. But it's got to be an across the
board cut as it relates to the general fund. And some
departments are not going to have any cuts unless it's a cut
of their general fund.
And we've already heard testimony about how we got police
officers writing reports now, because they don't have
secretaries and clerical to do this. And so all that I'm
saying to him, Mr. Manager, Mr. Chairman, my colleagues, is
the issue is not whether or not we're for the fire fee or
against the fire fee.
The issue is 23 million dollars ($23,000,000). And it's the
only proposal on the table. And from my vantage point, to
vote no is to basically vote to put this budget
substantially out of balance, because our five year plan
that we all canceled our Christmas and Chanukah and Kwanza
and New Years activities to come back here and work all day,
was it included that this fee would be in it. And as far as
I'm concerned, we knew that then, nothing new has come up.
I know Commissioner Gort says we've created all kinds of
exemptions. Commissioner, I'm willing to remove all
exemptions, including the church, if that will be the third
vote to get this passed. But if it's four votes, that
doesn't make sense. The fact is we have to come up with
something, and debating this and discussing this, as to
whether or not you are for the fire feet or not for the fire
fee is really not the issue. If there's four votes here,
Mr. Chairman, I would call the question so I can vote no and
you four fine colleagues that I'm honored to serve with can
vote yes and we can put all these people out of their
misery.
48 February 24, 1998
COMMISSIONER REGALADO: Commissioner, if I may.
CHAIRMAN HERNANDEZ: Commissioner Regalado.
COMMISSIONER REGALADO: I would just like to remind Vice
Chairman Teele that when we first talked about the fire fee,
this Commission approved the motion, that I remember, I
introduced, saying that it was the will of this Commission,
to substitute the fire fee as we went along the budget
process. This fire fee idea came because of the financial
crisis. And I say this because on that moment and most of
us were here, we had the administration, we had the fire
chief come to us and said, well, we have realized that a lot
of businesses do not have occupational licenses.
And they went out and they projected, I think a million and
a half of those licenses, which I think we did charge and
would bill these people. I am telling you that we could go
now to several businesses which do not have occupational
licenses.
And they cannot complain if we go after them. They are
going say, these are pennies; these are few dollars. But I
think that this city has to do what is on the books to get
revenues. I would tell you, I will tell you, excuse me. I
will tell you that I really resent Mr. Cox's statement about
this being a political issue. I will tell you that in the
district that I represent, 80 percent of the residents live
not in buildings, but in residences. However, I have gone
to other districts and I have seen, people who do not live
in plan A, people who do not live in buildings who are not
operated by Dade County; and these people are going to be
hurt. And these are the poorest of the poor.
I am not voting, I do not have to go to an election until
two years, if I want to. I was told don't worry, because
people forget. And people do forget because we have seen
the history. But this is a human thing. It is not a
political thing. I really resent the fact that some people
are saying that this is political, that this Commission does
not have the guts. I understand, I understand perfectly,
that we need to get the money, but we have a very able
Manager and we're willing to come back here and make some
decisions, hard decisions if we have to make it. I will
tell you, for me things are different.
When I visited several apartment buildings and I saw the
paper that they are going to have to pay $15; $15 for me is
nothing. Maybe for the members of this Commission, $15 is
49 February 24, 1998
nothing. But $15 is a lot for people who are on a fixed
income; $15 means that they cannot eat.
(Applause)
COMMISSIONER REGALADO: Mr. Manager, you know, I am willing
to come back here and take decisions that probably will hurt
the district that I represent, but I think that we have to
side with the poor people of Miami. These are the people
that are going to be hurt. And I will tell you that Mr.
Chairman, I'm just ready to vote. And decide what are we
going to do. If we have to come back tonight, tomorrow,
I'll be here to study this situation. But what we cannot do
is defer once again this issue and say that we will be back
some day to study another possibility of the fire fee. I
mean if we're going to do it, let's do it, and then we come
back, and then we will tell the people of Miami how
different measures we're going to have to take and they're
going to have to come back if they feel that they should.
CHAIRMAN HERNANDEZ: Thank you, Commissioner Regalado.
(Applause)
CHAIRMAN HERNANDEZ: Before we take a vote I'd like this
Commission to consider a motion I'd like to put before the
floor. I would like to speak my mind on this issue and tell
you that I was one of the Commissioners that has voted both
positively for this fire assessment fee since day one.
Looking and praying and studying for an alternative. We do
need recurring revenues, our expenditures have increased,
and other revenues have decreased. The bottom line is --
and I speak to Vice Chairman Teele and Commissioner Gort --
Between us three -- even though all of us here represent the
entire City of Miami -- we represent the poor people of the
City of Miami. Us three bear the burden of the poor people
of the City of Miami.
District Three, 51 percent of the people who live in
District Three are 70 years of age or older. These are
people that are retired; people that live off of fixed
income. District Three, East Little Havana alone is 47
percent of the residents of District Three below the poverty
level. We cannot at this point in time continue. We know
that all of us we're going to have to find these recurring
revenues one way or another. We need to find alternatives.
But us three, in specific, represent the poor people. In
good conscience, I will tell you that I walked door to door
50 February 24, 1998
the entire District Three and I saw the poor people out
there. They can't afford another dollar a month. I know
that. But we have a financial problem that we have to
solve.
I'm not going to grandstand up here. I voted every single
time for the fire assessment fee and I pray to this day that
we find an alternative because we need to find an
alternative. Because if not we're going to continue to be
in the financial crisis that we find ourselves in today. In
good conscience today, there is no other way I can vote but
to turn down this fire assessment fee. And I ask, if you
please, that we have to and I will work with my colleagues
and with the administrator with the management. But
something that has bothered me through the past is when we
talk about cutting expenditures, that we really do cut
expenditures. I've been here almost over a year now, and I
can tell you on and off that there has been a shell game
being played with the cutting of expenditures. I have not
seen any drastic cuts in our labor force. We have been
talking about it, and with all due respect to the new
Manager, he wasn't part of that at the time. There was a
lot of talk of cuts here and there and the cuts never came.
I am ready to vote today. I want to ask this Commission,
and I don't want to continue this, but I think it would
behoove this Commission to indefinitely postpone this issue.
That we consider making a motion to indefinitely postpone
this issue, and further study alternatives to come up with
the monies that we need to cover or substitute the fire
assessment fee.
MR MAXWELL (INTERIM CITY ATTORNEY): Mr. Chairman, before
you move to that, if you're closing the public hearing, you
should close the public hearing first and move into that.
CHAIRMAN HERNANDEZ: We're going to be closing the public
hearing at this time. And the question had been called by
Vice Chairman Teele. I am posing this motion or this
request, if we indefinitely postpone it, then we do not have
to have a time certain, a date certain.
MR. MAXWELL (INTERIM CITY ATTORNEY): Here's another thing.
As you know on resolutions and ordinances, the advertising
issue is what you have to take into consideration here.
State law governs assessment fees of this type and there's a
twenty day advertising period for adoption of a resolution
to actually implementing what this is, right now. Now, you
can continue to a date certain and you won't have that
51 February 24, 1998
advertising problem. You won't have that public notice
requirement. And or you can just defer indefinitely. If
you do that, you have to meet all the requirements of state
law with notification and getting it back on the agenda,
which is more stringent than just continuing to a date
certain.
VICE CHAIRMAN TEELE: But that's the only way to be fair,
Mr. Chairman.
MR. MAXWELL (INTERIM CITY ATTORNEY): You can do that.
VICE CHAIRMAN TEELE: Nobody is going to throw a sneak
attack on these people. The Chairman said that what he
would like to do is indefinite postponement means that it is
effectively killed. And it means to bring it back again,
means you've got to have public notice, newspaper notices,
and that's what he said. There's no sneak attack going to
be made.
MR. MAXWELL (INTERIM CITY ATTORNEY): I understand that.
I'm simply making sure that and I think --
VICE CHAIRMAN TEELE: You referred to it as a problem. I
mean, notifying the people and letting people be heard is
not a problem in a democracy.
CHAIRMAN HERNANDEZ: I am asking this Commission --
MR. MAXWELL (INTERIM CITY ATTORNEY): What we normally do is
tell you that because of the costs related to it.
CHAIRMAN HERNANDEZ: I'm asking this Commission to consider
indefinitely postponing this issue. Is there a motion?
COMMISSIONER GORT: Let me explain.
COMMISSIONER PLUMMER: Mr. Chairman, obviously, you're
looking for a motion. I don't think anybody made it, nor
did I hear a second. I'll make the motion at this
particular time -- well, no, I'm not either. Changed my
mind.
UNIDENTIFIED SPEAKER: Call the question.
COMMISSIONER PLUMMER: There is no question to call. There
is no motion on the floor. What would you like us to do?
UNIDENTIFIED SPEAKER: Like you to vote up or down.
52 February 24, 1998
COMMISSIONER PLUMMER: That's what we're trying to decide.
UNIDENTIFIED SPEAKER: Kill the motion.
COMMISSIONER PLUMMER: Let me ask this question, Mr.
Chairman?
CHAIRMAN HERNANDEZ: Yes?
COMMISSIONER PLUMMER: Mr. City Attorney. Any action taken
at this meeting could be reconsidered at the next meeting;
am I correct?
MR. MAXWELL (INTERIM CITY ATTORNEY): It could be.
COMMISSIONER PLUMMER: I make a motion to defeat item 2.
COMMISSIONER GORT: Second.
COMMISSIONER PLUMMER: My motion is to defeat item 2, which
is the fire fee. Now, Mr. Clerk?
MR. MAXWELL (INTERIM CITY ATTORNEY): Wait a minute.
COMMISSIONER PLUMMER: Mr. Clerk, you heard my comment.
CITY CLERK WALTER FOEMAN (CITY CLERK): Yes.
COMMISSIONER PLUMMER: Any motion made up or down today
could be reconsidered at the next meeting.
MR. MAXWELL (INTERIM CITY ATTORNEY): Let me clarify that.
The only point I was making about the notice, you may not be
able to reconsider it at the next -- you could reconsider it
and then tell us to go through all the notice requirements
to bring it back. You can do that. But you cannot at the
next meeting, immediately bring it back up for passing at
that time.
COMMISSIONER GORT: Can advertise.
COMMISSIONER PLUMMER: Excuse me. You can bring it up; I'm
not going to argue the point because that's against my
thinking but you can bring it up at the next meeting and the
next day call a special meeting of the City Commission, as
long as no one invoked the rule.
MR. MAXWELL (INTERIM CITY ATTORNEY):
all the notice requirements.
As long as you meet
53 February 24, 1998
COMMISSIONER PLUMMER: Okay.
MR. MAXWELL (INTERIM CITY ATTORNEY): You may not be able to
do that.
COMMISSIONER PLUMMER: Mr. Chairman, as you know, I have
been opposed to the fee. I'm going to avoid any
dissertation. Want everybody to realize one thing, folks.
It's got to come from somewhere else. Okay? I want you all
to understand that very, very clear. My colleagues who
voted for this fee and in their honest opinion did it
because they felt it was the best way to handle it. Okay?
I was opposed to it. But I respect their opinion as they
have mine. But please don't walk out that door with any
false impression that it's over. Now we start all over and
we've got to go find that amount of money. I can't go out
of the City of Miami and bring dollars in. It's got to come
from within the City of Miami. I'm willing to do as much
cutting as I can do, even if I get all of that, I don't
think it's the answer. My motion, Mr. Chairman, is at this
time, is to deny number 2. Item 2 on the agenda.
CHAIRMAN HERNANDEZ: Motion on the floor.
COMMISSIONER REGALADO: There is a second.
CHAIRMAN HERNANDEZ: Second by Commissioner Regalado.
Before we take roll call, under discussion, I'd like -- Mr.
Clerk, like to introduce into the record the package that
was given to me by Alsay Condominium Association, Ms.
Nagamally which requested these petitions be put in the
record as opposing the fire assessment fee. Is there any
further discussion by the Commission?
VICE CHAIRMAN TEELE: Mr. Chairman?
CHAIRMAN HERNANDEZ: Vice Chairman Teele?
VICE CHAIRMAN TEELE: This is a very scary moment for anyone
that's a citizen of Miami. And it's a particularly
frightening moment for the employees of the City. Like you,
Mr. Chairman, I particularly commend you, Chairman
Hernandez, because I know that you have gone out in the
community, you've even come into the community that I
represent and I'm grateful, any time you or any other
Commissioner does that to hear concerns. Like you, Mr.
Chairman, and many of the Commission, I, too, have gone out
and listened to a number of people.
54 February 24, 1998
I'm really concerned, I was, I continue to be concerned
about the overall and unintended consequences and the effect
of the fire fee. I spent some time recently with Mr. and
Mrs. Don Evans. I don't know if they're here today. But
they're at the Golden Age and enjoying each other a lot. He
was a general contractor. He had built quality houses in
the poorest of the poor areas and what is known right now
around 70th Street, around Little Haiti and Northwest 2nd
and Miami Avenue. A lot of problems. He complained about
our code, Mr. Manager, that we've got a requirement that
there be a light on, exit light on for 24 hours when you
have six apartments, you know. Just things that
questionably, may not make sense. But what he really
convinced me of, and what his wife convinced me of, is that
they have property that has not increased in value for over
15 years.
They have the property appraisal. The effect of this fee
could have very well be the unintended effect of this fee,
could very well have been to lower property values, because
based upon the way real estate people appraise property, we
could have very well wound up having an unintended
consequences where we would begin to see a dip, a drop.
Please. I just want people to know that this is a serious
issue. I've given it a lot of thought.
I've met with a lot of people. This is not something I
necessarily support. But the problem is the alternative,
and the alternative is going to be a lot of hand -wringing up
here, but there's going to be a lot of sleepless nights for
citizens in this community and particularly, people who work
in the City of Miami. The workers in this City have come
gone through enough, Mr. Manager. This last two years has
been scary for anybody whose got a house note, whose got
children in college, who has young children. And what we're
doing today is we basically are declaring open season on the
employees of the City of Miami, because nobody knows today
how deep the cuts are going to run. We're going to lay off
people.
And this is Black History Month. And I don't mean to be
racist but I'm going to tell you something. It is always
been the rule in America, in my 52 years of existence, that
the last hired are the first fired. And I know what that
translates to. I know what that means during this Black
History Month. I know that when the gentleman, a very
distinguish and a very fine gentleman, stands up here and
says, I respectfully recommend that you privatize garbage,
what that means directly is, is that almost 200 people that
55 February 24, 1998
happen to be African American will be laid off without
employment.
MR. FLANDERS: Why wouldn't they be hired by the company
that would --
CHAIRMAN HERNANDEZ: Order.
VICE CHAIRMAN TEELE: It hasn't worked that way anywhere in
America. Because they talk about efficiency and they talk
about the very thing that has happened at the Miami
International Airport, where the sky caps who sent their
children to college with me, don't have a job, because they
can hire somebody for minimum wage plus 25 cents, when those
people have been working for twenty years, thirty years,
they've done what everybody does, they've climbed and
crawled and scratched their way up the economic ladder and
so now they have a job that they're basically out of the
door, because they're making nine dollars ($9.00) an hour,
eleven dollars ($11.00) an hour. That's why.
Because the economics of a private hauler is going to be to
come in here, with all due respect, and pay minimum wage
plus a quarter, and look for some people who are illegal
that they can hire for less than minimum wage.
UNIDENTIFIED SPEAKER: Go after them.
CHAIRMAN HERNANDEZ: Order.
VICE CHAIRMAN TEELE: What I'm saying to you,
Mr. Chairman --
UNIDENTIFIED SPEAKER: Stop feeding them.
VICE CHAIRMAN TEELE: Commissioners Gort, Regalado, Plummer,
who has consistently opposed this fee. I respect you, I
respect this vote. But with all due respect, I am
submitting to you gentlemen, that the date and the moment we
do this, this City is financially out of balance; the budget
is financially in violation of state law; that we will reap
the wrath of Wall Street. The Oversight Board will be
totally distressed by what we're doing. The Oversight Board
has the authority under the contract to impose this fee or
any other fee and what we will be doing, if we do not act
immediately to find the 23 million dollars ($23,000,000), is
we will be abrogating our responsibility as Commissioners
and inviting the Oversight Board with a gold plated
invitation to do something. And whatever they do, I can
56 February 24, 1998
assure you will be something that the majority of us here up
here will not like.
I cannot, in good conscience vote to put the budget of the
City of Miami in violation of the State of Florida's
requirement. And with all due respect, we can plan all we
want to, but the moment this budget item is rejected and
there is no substitute, the budget for the City of Miami
that was passed in September of 1997, is in direct violation
of the State of Florida's requirement that every city budget
be in balance. We've had five months to do this, and I
don't think the Oversight Board will or should give us
another Commission meeting. And so I'm going to vote no,
not because I want the fire fee, but because no other
plausible alternative has been proposed. And had the fire
fee been imposed, I would have been working to change it,
and to make it more acceptable. But that's not going to be
the case. And so we will hear now from the Governor and
from Wall Street.
COMMISSIONER PLUMMER: Mr. Chairman, at the conclusion of
this vote, I have another motion I wish to offer.
CHAIRMAN HERNANDEZ: Commissioner Gort?
COMMISSIONER GORT: I'm not an attorney, but it's my
understanding that the budget will be passed. This would
not have been approved. My understanding is from what I've
read in other cases, this could be taken to court, and it
could be challenged. And there are a lot of things that
could have happened to this. If the court were to rule
against the City of Miami, all collected revenue would have
to be returned to the individuals who made the payments
which would have made it even harder. My understanding in
conversation I've had with the City Manager, there are other
alternatives that we can come up with the money. We may not
lay off as many people as we thought. Let's face it a lot
of employees with the City of Miami are very good. But we
have some employees that should not be working for the City
of Miami. And that's what the management has to look at. I
understand the Manager is a very smart and sharp person. I
don't think he would make a decision where the services of
the City would be affected. Yes, this means there's going
to be more work for us, but Commissioner, from the
beginning, I have always stated this and let's have it
across to everyone, not only let's not only put this penalty
on a few people. Let's do it across to every one, all of
us, and that's the reason why I'm doing this today.
57 February 24, 1998
CHAIRMAN HERNANDEZ: Commissioner Gort, just before we vote
today, Commissioner Plummer has another motion after we
entertain it. To refresh everyone's memory. The
alternatives given to us, apart from cutting expenditures
were one, doubling the garbage fee; two, increasing property
taxes; and three, the fire assessment fee. The least
harmful of the three was the fire assessment fee. That's
why, since it was not across the board, and not everyone was
going to be affected, we decided to work with the fire
assessment fee.
COMMISSIONER PLUMMER: I'd like to talk for another hour and
have Judy Clark have a heart attack.
(Inaudible comments from the audience.)
UNIDENTIFIED SPEAKER: Can we get an apology from Mr. --
Commissioner Teele?
CHAIRMAN HERNANDEZ: Ma'am, you are out of order, please.
COMMISSIONER PLUMMER: While we are waiting for the lady to
change the paper, my motion which will be after this vote,
assuming this passes -- who are you representing?
CHAIRMAN HERNANDEZ: She's representing the City of Miami.
She's here on our behalf.
COMMISSIONER PLUMMER: Okay.
CHAIRMAN HERNANDEZ: Anyway, those are the three
alternatives we have before us. We asked to look at other
alternatives. And just let me refresh everybody's memory,
that that was the least harmful for everyone here, so
Commissioner Plummer, we have a motion on the floor before
we entertain a second motion.
COMMISSIONER PLUMMER: That's fine, sir.
COMMISSIONER REGALADO: Second.
CHAIRMAN HERNANDEZ: There is a second by Commissioner
Regalado. Call the roll call, please.
CITY CLERK WALTER FOEMAN (CITY CLERK): Commissioner
Plummer?
COMMISSIONER PLUMMER: Yes.
58 February 24, 1998
CITY CLERK WALTER FOEMAN (CITY CLERK): Commissioner Gort.
COMMISSIONER GORT: Yes.
CITY CLERK WALTER FOEMAN (CITY CLERK): Vice Chairman Teele?
VICE CHAIRMAN TEELE: If I apologize to you, ma'am, anyone
else, if I have offended you, I want to apologize. But I
will not apologize to slumlords who have brought people down
here.
UNIDENTIFIED SPEAKER: No one else there is a slumlord.
VICE CHAIRMAN TEELE: I will apologize to you.
I vote no.
CHAIRMAN HERNANDEZ: Please, please, please, please.
COMMISSIONER PLUMMER: Mr. Chairman, the public hearing is
over.
CHAIRMAN HERNANDEZ: Please. You're out of order and this
hearing has been closed. Commissioner?
VICE CHAIRMAN TEELE: I will have a lot to say when this
part is over, about the slumlords because what I'm going to
do is I'm going to --
UNIDENTIFIED SPEAKER: It's cruel
VICE CHAIRMAN TEELE: If you're a slumlord, so be it.
UNIDENTIFIED SPEAKER: I'm a tenant
VICE CHAIRMAN TEELE: If you're a slumlord, I have said
repeatedly that I will not apologize to any slumlord.
UNIDENTIFIED SPEAKER: I'm not a slumlord.
VICE CHAIRMAN TEELE: Then it doesn't apply to you.
CHAIRMAN HERNANDEZ: Ma'am. Continue, please.
CITY CLERK WALTER FOEMAN (CITY CLERK): Roll call,
Commissioner Regalado?
COMMISSIONER REGALADO: Yes.
VICE CHAIRMAN TEELE: If you're a slumlord --
59 February 24, 1998
CHAIRMAN HERNANDEZ: Vice Commissioner, Teele. Please.
Ma'am, please. Please. Vice Chairman Teele?
VICE CHAIRMAN TEELE: Mr. Chairman, as I've said repeatedly,
I will not tolerate slumlords paying people to come down
here to lobby me, and if it doesn't apply to you, so be it,
but I will tell you right now, you can put your thumb right
up where you sit, sir, because I will not be intimidated by
you. I will not be intimidated by you, and furthermore, I
will say on the record repeatedly --
CHAIRMAN HERNANDEZ: Please, please, can we have some order
here? Hold on.
VICE CHAIRMAN TEELE: Mr. Chairman, I will say it on the
record repeatedly, people are not going to continue to
exploit Overtown. People are not going to come to Overtown
and buy people to come down here and do that. I'm just not
going to tolerate it. The City of Miami has done --
CHAIRMAN HERNANDEZ: Can we have some order here, please?
Start removing people.
VICE CHAIRMAN TEELE: Mr. Chairman, I respectfully vote no,
but I would like to make a motion immediately following this
regarding the kinds of money that the City has spent in
Overtown to prop up buildings and then people still be
paying these high and unfair rents and then these people are
being bussed down here. I will not let government money be
used to work against the government.
CHAIRMAN HERNANDEZ: Thank you, Vice Chairman Teele. I vote
yes.
60 February 24, 1998
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 98-195
A MOTION TO DENY AGENDA ITEM NO. 2 (PROPOSED FIRE RESCUE
ASSESSMENTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF
MIAMI) .
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
Chairman Humberto Hernandez
NAYS: Vice Chairman Arthur E. Teele, Jr.
ABSENT: None.
COMMISSIONER PLUMMER: Mr. Chairman, I have a right for the
motion?
CHAIRMAN HERNANDEZ: Commissioner Plummer.
COMMISSIONER PLUMMER: Mr. Chairman, we now realize that we
are in phase two. Phase two is we have to look elsewhere.
I have tremendous confidence in our new City Manager. He
is, by his proven history, from the city from which he came,
knows how to do things. I would ask the Chairman to call a
special meeting of this Commission on the 3rd of March, for
the City Manager to come back to us, as much always it
hurts, and tell us, tell us --
CHAIRMAN HERNANDEZ: What day is March 3rd?
COMMISSIONER PLUMMER: It's a Tuesday, just picking a
regular Tuesday.
CHAIRMAN HERNANDEZ: We have a Commission meeting the
following Tuesday, the 10th.
COMMISSIONER PLUMMER: That's correct. What I'm saying is
the City Manager, would come back and tell us, if it's 7
percent, or 8 percent, cut, as it's got to be, what, in his
opinion, how he would do it, we can agree; we can disagree;
61 February 24, 1998
we can modify, but at least we cannot be accused of sitting
back idle and doing nothing. Mr. Chairman, my motion is to
instruct the City Manager to come back with alternatives in
which to balance that which was not raised by the fire fee
in a special meeting on March 3, starting at 10 a.m. I so
move.
CHAIRMAN HERNANDEZ: Motion on the floor by Commissioner
Plummer. A second?
COMMISSIONER REGALADO: I'd like to, if I can, to the maker
of the motion, add something to be considered by this
Commission. I agree with Vice Chairman Teele that there
are, there are many slumlords here in the City of Miami.
COMMISSIONER GORT: Yes.
COMMISSIONER REGALADO: I will ask the administration to
look into the laws of the State of Florida. The laws of the
State of Florida clearly say that when there is an
emergency, you can invoke a rent control program in any city
in the State of Florida. I will urge the administration to
look for that statute in the Florida law. Because there
are, there are many slumlords here and these are the people
that send this leaflets to the poor people of Miami, who are
not to blame, telling them that they will be raised the rent
thirty dollars ($30.00) because of the retroactive
provision of this fee, that probably then next year will
only be raised $15 a month.
And I would tell you that I fear that a lot of people will
be hit by this slumlords who would say, no, the City has
already passed a fire fee, or another fee. They raised the
taxes because you know what, not all the people in Miami are
watching us on Net Nine or will be watching the TV at 6
o'clock; or reading the Herald tomorrow or listening to the
radio. And if you go out on the street some people will
tell you that we have raised taxes in the City of Miami.
And these slumlords are going to raise the rent for these
people.
So, I would urge the administration to look for that
information, because there is one. We could have used it
during Andrew in South Florida but we didn't. And I would
tell you that I am afraid that some slumlords will raise the
rent to the poor people of Miami, even though we are
defeating this fire fee. So, if the maker of the motion is,
it's okay. I
would --
62 February 24, 1998
CHAIRMAN HERNANDEZ: There's a motion and a second and
discussion by Vice Chairman.
VICE CHAIRMAN TEELE: On the motion, Mr. Chairman. There
are two things. First is, Commissioner Regalado is right,
and I would ask the Manager to look for ways including a
notice to say that the City did not approve the fire fee,
and, therefore, any rent adjustments or increases are the
responsibility of the property owner, and not the City of
Miami.
And I would also think working with Florida Power and Light
or Dade County Water and Sewer, or any other place that we
could put notices in bills, we should do so, because there
are people who, I can tell you, the kind of money that they
have thrown around. The lobbyists that have been hired, I
can assure you that these people are going to be trying to
recover their costs anyway.
So we need to make sure that the public knows that the City
did not increase or impose the fire fee. On the motion, Mr.
Chairman, Mr. Commissioner Plummer, I -- you live in the
City, Commissioner Gort lives in the City; Commissioner
Regalado lives in the City, Commissioner Teele lives in the
City. Now, five of us live in the city. The Manager has
been asked move into the City and is making arrangements.
I would hope, Mr. Manager, in carrying out Commissioner
Plummer's motion, that we will proactively look to protect
any City employee that resides in the City. Now, that
doesn't mean that a person who doesn't live in the city
should be treated unfairly, but I am saying this. People
have said it all day today. Our tax base is based upon the
people who pay taxes in the City of Miami.
No person who works for the City should be laid off if they
live in the City, if there is another alternative. Because
the biggest problem that we got, and Mr. Manager, I'm going
to ask you to do this -- not by name but by category of
every employee who makes over $60,000, no names -- whether
or not they live in the City or outside of the City.
Because what you're going to see is that a large majority of
our tax base is being exported. And it's very, very
important if we're going to have to take these kind of
Draconian measures and they're going to be Draconian, that
we could do everything we can to protect the residents of
the City of Miami. They should not have to be punished
twice.
63 February 24, 1998
So, Mr. Manager, I'm not adding anything to Commissioner
Plummer's motion, but I am asking you to look at that issue
and to tell us how you can work within the context of the
civil service rules, the labor union rules and all of the
others, particularly as it relates to the exempt employees.
Finally, Mr. -- nothing else.
COMMISSIONER PLUMMER: Mr. Chairman?
CHAIRMAN HERNANDEZ: Commissioner Plummer?
COMMISSIONER PLUMMER: I think that we need to share with
some people who are not aware, that in a memo which I
received from the City Manager, that his anticipation by the
end of this fiscal year, we will be 357 employees less. And
by March of next year, twelve months, that we will be 500
and some, I don't remember the number, less employees.
Now, what was my understanding was to do the top and the
bottom. Was simply so that we could address the issue that
we suffer from, of mid -management and those kinds of people
could be hired.
COMMISSIONER GORT: Mr. Chairman, I haven't voted yet.
CHAIRMAN HERNANDEZ: There's a motion on the floor.
CITY MANAGER GARCIA-PEDROSA: Before you vote, Mr. Chairman,
the date of March 3 is a bit problematic because that's also
the date the next Oversight Board meeting.
COMMISSIONER PLUMMER: So, we don't want you to go. Don't
you understand?
CITY MANAGER GARCIA-PEDROSA: Vice Chairman, also, as you're
a representative --
VICE CHAIRMAN TEELE: No, I'm resigning, in all seriousness.
In good conscience, you know, we worked through this on
December 30th. I will resign as representative and liaison.
The Commission needs a liaison, but it needs to be someone
who is in the thinking of the majority. I'm clearly outside
the thinking of the majority. I mean, with all due respect
to the dean, Commission Plummer, whoever the Chairman would
designate, the Commission must have a liaison. Otherwise, I
think there are issues that relate to, the Clerk's Office,
the Attorney's Office, and the Commission, that are not
being -- that you will have to, you know, proceed through.
64 February 24, 1998
CHAIRMAN HERNANDEZ: Can you be prepared on the 2nd of
March, which is Monday, instead?
COMMISSIONER PLUMMER: How about Saturday?
CHAIRMAN HERNANDEZ: No, Monday.
COMMISSIONER PLUMMER: How about Saturday?
COMMISSIONER GORT: J.L., you don't have a life. We
understand. We do have a life.
COMMISSIONER PLUMMER: Hey, hey, hey. There ain't no
vacations in a funeral home.
CHAIRMAN HERNANDEZ: Motion on the floor. Seconded by
Commissioner Regalado.
COMMISSIONER PLUMMER: Hold on. The City Attorney wishes --
MR. MAXWELL (INTERIM CITY ATTORNEY): That was the 3rd.
What we're voting on now is the 3rd. Going to amend?
CHAIRMAN HERNANDEZ: Amend it. Commissioner Plummer amended
it to the 2nd.
VICE CHAIRMAN TEELE:
COMMISSIONER PLUMMER:
CHAIRMAN HERNANDEZ:
meeting for March 2,
the morning.
Ten in the morning?
Ten o'clock, please
Motion is to have a special commission
ten in the morning. Monday. Ten in
COMMISSIONER PLUMMER: I don't think anybody should think
that that's going to be the only special meeting we're going
to have. Have more.
COMMISSIONER REGALADO: Second.
CHAIRMAN HERNANDEZ: Seconded by Commissioner Regalado.
Call rollcall.
65 February 24, 1998
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION 98-196
A MOTION CALLING FOR A SPECIAL MEETING OF THE CITY
COMMISSION MONDAY, MARCH 2, 1998, 10 A.M. FOR THE PURPOSE OF
CONSIDERING ALTERNATIVE WAYS TO BALANCE THE BUDGET, OTHER
THAN FROM ANTICIPATED REVENUE WHICH WAS SUPPOSED TO BE
RAISED BY THE FIRE RESCUE ASSESSMENT; FURTHER DIRECTING THE
ADMINISTRATION TO LOOK INTO THE LAWS OF THE STATE OF
FLORIDA, SAID LAWS WHICH CLEARLY STATE THAT WHEN THERE IS AN
EMERGENCY, ONE CAN INVOKE A RENT CONTROL PROGRAM IN ANY CITY
IN THE STATE OF FLORIDA.
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.
COMMISSIONER GORT: What about the other one? We haven't
voted.
COMMISSIONER PLUMMER: You were going to bring up one.
COMMISSIONER GORT: This was moving the 3rd to the 2nd.
CHAIRMAN HERNANDEZ: Right.
COMMISSIONER GORT: We have not voted on the previous
motion.
COMMISSIONER PLUMMER: That was incorporated in the
amendment.
COMMISSIONER REGALADO: It was incorporated.
66 February 24, 1998
6. PERSONAL APPEARANCE: BY BROTHERS OF THE SAME MIND TO
REQUEST MORE SOCIO-ECONOMIC DEVELOPMENT IN TARGET AREAS AS
OPPOSED TO INCREASED POLICE PRESENCE — SEE LABEL 46.
VICE CHAIRMAN TEELE: The only thing I was going to do.
These people have been waiting all morning. I know a lot of
people have been waiting. But item number five, I told them
I would try to take it up. The Brothers of the Same Mind.
I think it can be dealt with very quickly, unless you all
want to back at 3.
CHAIRMAN HERNANDEZ: I have no problem. Let's take care of
them a right now. Let's take care of them right now.
COMMISSIONER GORT: Before we get to that, I want to clarify
something before a lot of people walk out of here. You all
might not be so glad. There's a lot of people that have
taken federal money, county and state monies and they have
rehabilitated some of the buildings but they have not
maintained them. That's what we're talking about. When
this is court enforcement, and we are going to enforce it.
CHAIRMAN HERNANDEZ: Brothers of the Same Mind. The
representatives are here?
VICE CHAIRMAN TEELE: Mr. Leroy Jones? Mr. Jones? Come on
up.
Item number five, Mr. Chairman.
CHAIRMAN HERNANDEZ: Item number five. Let's wait just a
second as people file out so we can take care of this item.
And then we're going to be recessing for lunch and be back
at 4 o'clock in the afternoon.
VICE CHAIRMAN TEELE: Name, address?
MR. LEROY JONES: Leroy Jones, 455 Northwest 17th Avenue, on
behalf of the Brothers of the Same Mind. Um, I delivered a
letter, I sent the letter to the County Manager requesting
that -- to find out some information about the funding that
was given to the police department; and our group had a
meeting about it, and it was real strange, because we
couldn't understand why every time the police department
come in front of the City for money, they was always giving
money for even more polices or police activity. The City
Manager sent a letter to the chief. I gave you all a copy
67 February 24, 1998
of the letter that I sent.
CHAIRMAN HERNANDEZ: We have it.
MR. JONES: And a copy of the letter the Chief sent me. It
was not addressed to the City Manager, not to attack the
police, or police department. Mr. Warshaw. It was
addressed to the County Manager, and specifically to you all
because we wanted to know why no funds, no economic
development is never coming into the disadvantaged
community.
And when it is funds coming, it's never enough to do what
need to be done. So the Chief sent me a letter. Um, and I
know what it was going to say what he wrote was that he
would try to get as many officers as he could. So Chief,
this letter wasn't to criticize you or anything else. As a
matter of fact, it wasn't even sent to you, I was giving it
to the County Manager, so I don't know why they sent it to
you. If you read it, you know, so maybe it's a
misunderstanding or something like that.
Um, but we are real concerned about it, because when all the
Commissioners were sworn in, you all were sworn in to serve
and protect and create a balanced atmosphere in our
communities and we all aware that you all have your own
boundaries and own districts but still, when issues brought
up, have to come back to the full body that you all have to
decide on issues. But we are real concerned because it's not
enough for economic development coming into our community.
You know.
Every time we turn around, it is more police and more police
and more police activity. And no jobs and no creations for
your own people to do. I mean, but to stand on corners, and
but to be targeted by the Police Department. And we
understand that the Police Department have a job to do. But
we also understand that you as voted in Commissioners are
that supposed to serve and protect, and deliver a balanced,
atmosphere, that is as far as economic development, job
creation, recreational centers, things for your own people
to do, that's not happening in our community.
And you know, only thing happening in our community is more
police and more police, and you know, more police, you know,
presence in the community, really ain't taking effect to the
crime. Chief Warshaw himself said that crime has been going
down for the past six years. You know, if crime has been
going down for the past six years, now we're going to get a
68 February 24, 1998
hundred seven new police officers in our community, when we
don't even have jobs. I mean, it's not balancing out.
Where do the balance come out?
More than half of the budget of the City of Miami, go to the
police department, or for police activity, or corrections,
or something like that. Everybody is fully aware of that.
Where's the balance? Where's the structure? Where is the
economic development. You know, we don't want your own
brother standing on the corner selling drugs. We don't want
robbery. We don't want any of that. Not in our community,
not in you all community neither. But you know, just police
presence, you know, and not economic development, not a
future, you know, I can't even -- I can't even tell my kids
that when they get old enough to be responsible, that I can
secure a good life for them where I live at.
You know, when you open the newspaper, the only thing you
see, police officer jobs, correction officer jobs and
security officer jobs. You know, we are confused, because
we thought that the economic development was supposed to
come in and if you think you're going to go into a sweep and
sweep out crime and do economic development, those young
kids that are standing on the corner, we ain't providing
them with a future. When you take the ones that need to go
off the corner, there will always be somebody to take his
place, if you don't create enough nothing for him to do.
If you can name me one place, Allapattah, Liberty City,
Overtown, Wynwood, and Little Haiti, one place where our
kids can go and have a nice time without being laid dawn
down on the ground or have a nice time, name one place, not
one -- name one place. If you can name one place, we can't
even provide a place to gather our kids to have a nice time
in our own community. You know, and I think it's sad, you
know. It's not -- it's not an attack on Chief Warshaw. I
know he's doing his job and I would never sent this letter
to the Chief because quite naturally he's going to think we
need more police officers. You know, so this letter wasn't
really addressed to the Chief. It was addressed to you all
because I wanted to know why, why, um know, all the efforts
and all the money can go into hiring police officers, and I
also want to understand, that it's federal money, which is
we as citizens of the City of Miami don't have to pay.
But, federal money is still taxpayer's money. Maybe not
paying it directly, but it is still our money. After three
years, the money that's given for the 107 officers, the
money is going to be gone, the citizens of the City are
69 February 24, 1998
going to have to foot the bill. We are still going to have
to pay for it. I think it's unfair. I think it's a target.
I think it's unfair to the people where I live, because when
I ride around, there is nothing for them. I really do.
VICE CHAIRMAN TEELE: Mr. Jones has made, I think, a very
important point and I think the fact that the people with
him, the delegation have been so respectful and patient,
speaks volume of the sincere need. Mr. Chairman, I wanted,
and I wanted to get an opportunity again to meet with Mr.
Jones and the Brothers of the Same Mind and I promise to do
that. But I think what they have to say is important to be
put on the record. This Commission voted in the last
meeting, Mr. Jones, to address the very issue that you just
spoke about. We talked about doing a Carter study.
Unfortunately, I think the Manager's office has taken the
resolution perhaps in a way that we would like to bring it
back to exactly what you're talking about; and that is,
working with consultants at the Planning and Development
Office, using community development funds. We need to look
at these corridors not as a road project, per se, but how we
can design and create a business activity as well as places
to be. So, we've agreed to do that on 17th Avenue, which is
a very important corridor and on 15th Avenue. In fact.
Commissioner Regalado said we need to be studying other
corridors, too. I don't want to dwell on those/ three -- oh
COMMISSIONER GORT: I'd like to add, in conversations with
the Mayor, we talked about 7th, 12th and 36th Street.
VICE CHAIRMAN TEELE: And 36th Street as well.
UNIDENTIFIED SPEAKER: 79th Street.
COMMISSIONER GORT: We'll get there in a minute.
VICE CHAIRMAN TEELE: And Haberland Park is a very good
example of why we need people like you to help us. We have
a very dynamic program that we're trying to plan, to build
the kind of facility so children have somewhere to go. And
I'm going to ask the Manager if he'll work with you and me,
to move that project along a little bit faster. A youth
facility, a facility that will be used by our senior center,
as well as our Optimists and other neighborhood
organizations.
I believe if you'll work with us, if the Manager will let
the Planning Department, the Planning and Development
70 February 24, 1998
Department take the lead on this so we can really have -- I
didn't want to call it a charete, Mr. Manager, but really
that's what we're talking about where we can bring in the
community and community leaders and this not be a government
activity but a community activity and we can sit down. I
think we can have a more meaningful dialogue.
MR. JONES: If I can say this with all due respect, Mr. Vice
Chairman, we got a lot of parks in our community and they
not really serving the need, because everybody in our
community don't want to be football players, basketball
players. What we need is some economic development. We
need those young guys standing on the corner working.
Because right now, we're paying $40,000 as taxpayers to
incarcerate them for one year when we can send them to
college for four years? It's unfair. Because what you're
doing is, you have other young people that don't have
anything else to do, nothing to do but find trouble, because
we are not creating nothing else for them to do, no place
for them to go, no jobs for them. So then what happens?
The police have to come and do their job. I understand they
have to do their job. We understand that. But we also
understand we need a balanced life in our community. We
need some balance there.
We don't want just economic development coming in and people
outside our community coming in doing the work, that's
what's happening. All I have to do is ride through that.
You see all the construction going and nobody live in that
community is working. So, where does that lead them? Back
into jail again? Because regardless of what anybody wants
you to think, you have to do what you have to do to survive.
You have to eat. People will do whatever they have to and I
don't care what you say. People will do whatever they have
to do to eat and feed their families and that's what is
boiling down to, is that we're not providing anything for
those young guys who stand on the corner doing whatever
they're doing. We're not providing no alternative. It's
just go directly to jail. Not here, go get a job. Now, if
you want to give something to pay for it now, I'm down over
there. We create something else for them to do and the ones
that don't want to work, then do whatever you need to do
with them. But we're not even creating nothing for them to
do from the beginning.
VICE CHAIRMAN TEELE: Mr. Jones, would you allow me to meet
with you again and to try to come up with something
constructive that we can specifically ask this Commission to
do? Because I know that there are four other people that
71 February 24, 1998
agree with me, in agreeing with you and I know Chief
Warshaw, because I've heard him give the same speeches that
you're giving now, that we've got to provide something other
than a life of crime and drugs for our children to have.
The reason that I feel so hurt today, is that I know that
what this Commission did, and it was not intentional, but
it's going to filter down to more people not having a job.
And I don't think government can provide jobs for everybody,
but I do think that this last hired, first fired is the
thing that kicks in and we've got to be very careful. This
City is hurting. The government just doesn't have the money
that it had before and we need to come up with some specific
alternatives that we'd like to see us act on and I'll
sponsor them.
COMMISSIONER GORT: Vice Chairman Teele, I would like to
inform you that we opened up a quote unquote, "The Wages
Program", which is on 36th Street and 13th Avenue. We can
send a lot of young people there.
My understanding, and Commissioner Plummer is more
knowledgeable than me on this, people can be trained and
jobs can be located for those individuals.
COMMISSIONER PLUMMER: That's right. And the lady that you
wanted to see is Gwendolyn Warren. She is a direct
representative of this City in Wages. She has money for
training. One of the training provisions is they must place
you in a job at the conclusion of training or they don't get
their money. So when you talk about that, I just make one
other thing, I think you got to be aware that even though
it's not on site today, 27 million dollars ($27,000,000) in
a bond issue is going into parks in this city. It was
passed by the total County.
For example, the only one I have exact numbers on is West
Grove and we're spending on their park, 1.7 million dollars
($1,700,000) right now, to get started to improve that park.
Other parks are proportionately the same. And I'm starting
to work on one park after another in my district as each
Commissioner will be doing in his particular district.
MR. CHARLES STRINGER: Charles Stringer, Brothers of the
Same Mind member. I want to first thank Vice Chairman Teele
for allowing us, as well as the other Commissioners, for
time on the agenda here. Basically, we're really concerned
about the social economic development in our community and
we have some specific ideas, plans and projects that we
would like to present to those appropriate parties that can
72 February 24, 1998
help us with that. And again, thank you for the time.
CHAIRMAN HERNANDEZ: Thank very much. We're going to
recess.
COMMISSIONER PLUMMER: Mr. Chairman, I would ask one thing,
that I asked in the past. I ask the Manager if he was aware
of this issue and he was not. It was my understanding that
no issue got on to an agenda by even the request of a
Commissioner, without it first going before the Manager, so
he could be prepared to speak to the issue. And I would
hope that we would go back to that policy.
MR. GARCIA-PEDROSA: I misunderstood your question. The
gentleman did write to me. That's when they got the
response from Chief Warshaw.
COMMISSIONER PLUMMER: I'm just saying that I would hope
that that would be the case.
VICE CHAIRMAN TEELE: It was put on the agenda by the
Manager. They have every right.
CITY MANAGER GARCIA-PEDROSA: Yes.
CHAIRMAN HERNANDEZ: Thank you very much. We're going to be
recessing until 4 o'clock.
Thereupon the Commission recessed
At 1:10 p.m. and reconvened at 4:25 p.m.
with all members of the Commission present,
except Chairman Hernandez
73 February 24, 1998
7. A. DISCUSS / DEFER CONSIDERATION OF CONSENT AGENDA
ITEM 2 (ACCEPT BID FROM ANTHONY ABRAHAM CHEVROLET FOR POLICE
TAKE-HOME VEHICLES.)
7. B. CONSENT AGENDA
COMMISSIONER PLUMMER: Mr. City Attorney, while we're
waiting. I guess maybe I should ask this off the record.
COMMISSIONER REGALADO: You want to discuss the Allapattah
situation, the chief is here. The Manager is here.
COMMISSIONER REGALADO: You guys want to take 7, 8, 9?
We've got a Vice Chairman here now.
COMMISSIONER PLUMMER: There's the Vice Chairman. Now we
can start.
VICE CHAIRMAN TEELE: Why don't we just do the non-
controversial items? Mr. Manager, has the Chairman
indicated a concern about any of the items on the agenda?
COMMISSIONER PLUMMER: The only -- Mr. Vice Chairman, on
Consent 3, I would like to stipulate that this matter is
subject to approval after a public hearing at the Waterfront
Board, if it is passed, it is approved. If not, it comes
back before the City Commission. That's item CA-3, and I
wish to put to the next agenda CA-2
VICE CHAIRMAN TEELE: Motion to defer item CA-2 by
Commissioner Plummer. Is there a second?
COMMISSIONER REGALADO: Second.
VICE CHAIRMAN TEELE: Second by Commissioner Gort and
Commissioner Regalado. No objection from the Manager. All
those in favor of the motion to defer item CA-2 say "Aye."
VICE CHAIRMAN TEELE: Those who oppose have the same right.
The item has been unanimously deferred.
74 February 24, 1998
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 98-197
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM CA-2
(PROPOSED BID OF ANTHONY ABRAHAM CHEVROLET FOR PROVISION OF
POLICE ADMINISTRATIVE AND INVESTIGATIVE TAKE-HOME VEHICLES
AT A TOTAL PROPOSED AMOUNT NOT TO EXCEED $640,346.
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.
NAYS:
ABSENT:
None.
Chairman Humberto Hernandez
(NOTE FOR THE RECORD: The City Commission later clarified
that item CA-2 was deferred to the meeting of March 10,
1998.)
VICE CHAIRMAN TEELE: On consent item number 1, has that
item been taken up?
COMMISSIONER PLUMMER: 1 and 3, I move. CA-4. The name
that's been proffered is Ron Tompkins. T-o-m-p-k-i-n-s
CITY MANAGER GARCIA-PEDROSA: T-H.
COMMISSIONER PLUMMER: CA-4.
VICE CHAIRMAN TEELE: We have a motion on item CA-1, 3 and
4. Is there a discussion? Good afternoon and welcome.
MR. GONZALEZ-GOENAGA: I am interested in addressing the
question regarding CA-4. And I present to the Commission
that before accepting the proposal, which I don't know him,
I think that this honorable Commission should question him
regarding what is his position as to give a pension to a
crook. That is going to be discussed next Friday. My name
is Manuel Boom -Boom Gonzalez.
75 February 24, 1998
VICE CHAIRMAN TEELE: Thank you, Mr. Gonzalez. And Mr.
Tompkins has gone through a screening.
COMMISSIONER PLUMMER: I move the consent agenda.
VICE CHAIRMAN TEELE: Moved by Commissioner Plummer.
COMMISSIONER GORT: Second.
VICE CHAIRMAN TEELE: Second by Commissioner Gort.
Discussion? Hearing none, all those in favor say aye.
Those opposed have the same right.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER GORT THE CONSENT AGENDA ITEMS WERE
PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
NAYS:
ABSENT:
None.
Chairman Humberto Hernandez
7.1 INCREASE CONTRACT WITH BEST'S MAINTENANCE -- FOR
JANITORIAL AND HANDYMAN SERVICES FOR MIAMI RIVERSIDE
CENTER -- ALLOCATE $22,000 FROM ACCOUNT 504000.421901.6.340
RESOLUTION 98-198
A RESOLUTION AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO
EXCEED $22,000 FROM $145,580.41 TO $167,580.41, TO THE
CONTRACT WITH BEST'S MAINTENANCE AND JANITORIAL SERVICES,
INC., (BEST'S) FOR THE PROVISION OF AN EXPANDED SCOPE OF
JANITORIAL AND HANDYMAN SERVICES FOR THE CITY OF MIAMI
RIVERSIDE CENTER (MRC), -- ALLOCATING FUNDS THEREFOR FROM
THE MRC OPERATING BUDGET, ACCOUNT CODE NO.
504000.421901.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH
BEST'S TO EVIDENCE THE INCREASE IN PERSONNEL AND
COMPENSATION.
76 February 24, 1998
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
7.2 AUTHORIZE PROPOSALS FOR PROFESSIONAL PLANNING SERVICES -
- FOR UPDATE OF 1984 DINNER KEY MASTER PLAN -- SEE LABEL 10.
RESOLUTION 98-199
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
SEEK PROPOSALS FOR ACQUISITION OF PROFESSIONAL PLANNING
SERVICES, AT A FEE NOT TO EXCEED $60,000 TO PREPARE AN
UPDATE OF THE 1984 DINNER KEY MASTER PLAN, SAID UPDATE TO
INCLUDE A FUTURE USE AND DEVELOPMENT PROGRAM, A MARKET
ANALYSIS AND A FEASIBILITY STUDY FOR SAID AREA AND THE
ADJACENT SUBMERGED LANDS AND PICNIC ISLANDS, SAID FEES TO BE
PAID BY THE DEVELOPER CHOSEN BY THE CITY COMMISSION TO
DEVELOP SAID SITE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Note for the Record: Resolution 98-199 was later
reconsidered by Motion 98-203 and ultimately passed and
adopted as Resolution 98-204. See label 10.
7.3 APPOINT THOMAS TOMPKINS TO BOARD OF TRUSTEES OF GENERAL
EMPLOYEES AND SANITATION EMPLOYEES TRUST.
RESOLUTION 98-200
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT RUST FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
77 February 24, 1998
B. DENY PROPOSED ADDITIONAL ACCESS INTO ALICE WAINWRIGHT
PARK.
VICE CHAIRMAN TEELE: The next item is the public hearing.
We don't have to go to the fire rescue any more. Public
hearing on item number 3. The discussion concerning access
from the Wainwright Park.
COMMISSIONER PLUMMER: Mr. Vice Chairman, this is in my
district. I have had very, very heavy response in this
issue and all has been to deny, so I move to deny.
VICE CHAIRMAN TEELE: All right. This is a public hearing.
Any person desiring to be heard on the discussion related to
the City's Wainwright Park access directly from the
Rickenbacker should come forward. There are no persons
coming forward.
Sir, are you coming forward on this item? Please come
forward, give us your name, your address, for the record,
please.
MR. JOE WILKINS: Joe Wilkins. Miami Neighborhood Civic
Association, 228 Southwest 23rd Road. We had a meeting
Saturday of our park committee. We also met with the
representatives of Brickell Homeowners and I have a letter
here from the --
COMMISSIONER PLUMMER: Are you for or against?
MR. WILKINS: I just want to say our park committee,
Brickell Homeowners' Association and the Cliff Hammocks
Homeowners' Association are against this idea for a variety
of reasons.
VICE CHAIRMAN TEELE: The record is clear. That is the
motion. Any other person? There being no persons coming,
the public hearing's closed. Motion by Commission Plummer?
COMMISSIONER PLUMMER: Yes.
COMMISSIONER GORT: Second.
VICE CHAIRMAN TEELE: Seconded by Commissioner Gort.
Is there discussion, objection?
MR. MAXWELL (INTERIM CITY ATTORNEY): Point of
clarification.
78 February 24, 1998
VICE CHAIRMAN TEELE: Point of clarification.
MR. MAXWELL (INTERIM CITY ATTORNEY): This is item 3? Item
3 is a discussion item. What are we denying?
VICE CHAIRMAN TEELE: It's listed here under my agenda as a
public hearing item.
MR. MAXWELL (INTERIM CITY ATTORNEY): Yes. And the motion
was to --
COMMISSIONER PLUMMER: Deny the request. Request to put
another access into Wainwright Park for pedestrians and
automobiles.
CITY MANAGER GARCIA-PEDROSA: Which the County, by the way,
would not permit.
COMMISSIONER PLUMMER: We're not even going to ask the
County to look into the matter.
MR. MAXWELL (INTERIM CITY ATTORNEY): Okay.
VICE CHAIRMAN TEELE: This involves a pedestrian path. And
we have been very well briefed, I think. On the motion, all
those in favor, signify by "aye". Those opposed have the
same right. The "ayes" have it. It is unanimously adopted.
COMMISSIONER PLUMMER: No, not adopted, denied.
VICE CHAIRMAN TEELE: Denied. The item has unanimously been
denied. Please note the absence of the chair.
79 February 24, 1998
THE FOLLOWING MOTION WAS INTRODUCED BY COMMISSIONER PLUMMER,
WHO MOVED ITS ADOPTION:
MOTION 98-201
A MOTION TO DENY REQUEST TO PLACE AN ADDITIONAL ACCESS ROUTE
FOR PEDESTRIANS AND AUTOMOBILES INTO THE CITY'S WAINWRIGHT
PARK DIRECTLY FROM RICKENBACKER CAUSEWAY.
Upon being seconded by Commissioner Gort, the motion was
passed and adopted.
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
9. WAIVE COMPETITIVE BID -- APPROVE ADVANCED DATA
PROCESSING, INC. AND MEDAPHIS, INC. -- FOR MEDICAL
TRANSPORTATION BILLING AND COLLECTION SERVICES -- FOR FIRE -
RESCUE -- ALLOCATE $300,000 FROM ACCT. 280501-340 -- FURTHER
SUGGESTING THAT FUTURE CONTRACTS FOR EMERGENCY TRANSPORT
SERVICES BE ON PERCENTAGE OF COLLECTIONS NOT FLAT FEE BASIS
-- FURTHER DIRECTING CITY MANAGER TO REFLECT ON AGENDA
HEARING DATE AND OUTCOME OF MATTERS HEARD BY STANDING
COMMITTEES.
VICE CHAIRMAN TEELE: Public hearing item involving a bid
competition waiver to engage advance data processing. Mr.
Manager, you want to give us a little background?
CITY MANAGER GARCIA-PEDROSA: Let me ask the fire chief to
do so, please.
CHIEF CARLOS GIMENEZ: We're asking for an extension of an
existing contract on a month to month basis in order for us
to prepare the RFP. Actually, the RFP has already been
prepared by the law department, to come before the
Commission, to award a billing and collection contract for
the billing and collection of EMS transports.
80 February 24, 1998
COMMISSIONER PLUMMER: Mr. Vice Chairman, came before your
Public Safety Committee. We are in concurrence for the one
year. And we will draw up an RFP for multiple years and
I've suggested that in the new RFP, it but be put on, or
considered a percentage of collections rather than on a flat
fee. Move the item.
VICE CHAIRMAN TEELE: Moved by the Chairman of the Public
Safety Committee. Second?
COMMISSIONER REGALADO: Second for discussion.
VICE CHAIRMAN TEELE: Second for discussion. Mr. Clerk, Mr.
Attorney, Mr. Manager, I don't know how we're going to
proceed. I've made comments this morning, but if a matter
has gone before the committee, it should be reflected on the
agenda as being heard by the name of the committee and the
date and an action, if it was adopted. As part of how we're
going to have to get here. It's going to take us some time.
We'll all be patient. All right. Discussion by the
Commissioner Regalado.
COMMISSIONER REGALADO: Chief, how much are we getting in
terms of the service of the department of fire rescue? How
much are we getting in terms of money, how much we don't
get, we don't get paid for service?
CHIEF GIMENEZ: We collect approximately 43 percent. That
amounts to close to four million dollars ($4,000,000) a year
in collections.
COMMISSIONER REGALADO: So the rest?
CHIEF GIMENEZ: The rest is outstanding. On a yearly basis.
That's why we are hoping to put out this RFP that in the
past, we only had a billing company that would bill the
individual. There were no outstanding collection efforts tc
go after people that were delinquent. This new RFP will
take care of that.
COMMISSIONER REGALADO: What is the profile of these people
that are delinquent?
CHIEF GIMENEZ: Well, the only profile I can give you is the
profile of people who actually paid. Ninety-six percent of
those are either paid through private insurance, Medicare or
Medicaid. Only four percent pay through cash.
81 February 24, 1998
(Note for the Record: Chairman Hernandez entered the meeting
at 4:32 p.m.)
CHIEF GIMENEZ: That's the profile we have. We don't really
have a profile on the individuals that don't pay.
COMMISSIONER PLUMMER: I think it might be interesting for
you to note that at Jackson Hospital indigent and welfare
cases that come into the emergency room, forty percent come
from the City of Miami. I also want you to know that five
years ago, we didn't collect a dime until I learned about
what Miami Beach was doing, and now we're the recipient of
about four million dollars ($4,000,000) a year, and I think
we can go much higher than that with a good faith effort.
COMMISSIONER REGALADO: I think so. I just want to tell you
that how -- do you have any projection in terms of with this
company?
CHIEF GIMENEZ It's difficult for us to make a projection on
what collection efforts will do. Because we don't really
have a profile on the individuals that are not paying. It
could be that they simply don't have the money to pay. We
are -- we got a very good track record of the ones that do
pay that actually come from third parties, so it's actually
readily available money. Basically, somebody assigns their
right to either the insurance company, Medicare, Medicaid.
They do the actually paying. Only four percent of the
people paying this bill actually do so with their own money.
COMMISSIONER REGALADO: We charge Medicaid, too?
CHIEF GIMENEZ: Medicare, Medicaid, everything we can.
COMMISSIONER PLUMMER: Charge everybody.
VICE CHAIRMAN TEELE: On the motion, Mr. Goenaga?
MR. MANUEL GONZALEZ-GOENAGA: Lady, my name is Manuel
Goenaga. I have many different names. I might even change
very soon to Bimbo-Been.
COMMISSIONER PLUMMER: I thought it was Boniato.
MR. GONZALEZ-GOENAGA: Boniato was when I spoke this
morning.
VICE CHAIRMAN TEELE: Gentlemen, it's 4:30.
82 February 24, 1998
MR. GONZALEZ-GOENAGA: My issue here, let's go to the crux
of the matter. If I were the owner of this corporation, the
City of Miami, the majority shareholder, and I have a law
department with twenty-two attorneys, and I have to, in
order to make collections, I have to go through outsiders,
or bidding, let me tell you, I would fire the whole legal
department and branch out all the costs on a percentage
basis, because there are many. I am willing to organize a
collection agency to get fifty percent of whatever I
collect. Without using intimidation. And so we have to
operate this and let me tell you, I have my greatest respect
for the fire department. Because this is a department that
when the rats leave, they get in to save our lives.
VICE CHAIRMAN TEELE: All right.
MR. GONZALEZ-GOENAGA: I cannot say the same things for the
police department for the City of Miami.
VICE CHAIRMAN TEELE: Okay. That's quite enough. Thank
you.
On the motion, is there further objection? Commissioner
Regalado, your issue is cleared?
COMMISSIONER REGALADO: Okay.
VICE CHAIRMAN TEELE: On the motion, all those in favor say
aye. All those opposed? The item is unanimously adopted.
Please note the presence of the Chairman.
83 February 24, 1998
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 98-202
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED
PUBLIC HEARING, WAIVING COMPETITIVE BIDDING PROCEDURES AN
APPROVING THE ENGAGEMENT OF ADVANCED DATA PROCESSING, INC.,
AND MEDAPHIS, INC., FOR MEDICAL TRANSPORTATION BILLING AND
COLLECTION SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE, ON A
MONTH -TO -MONTH BASIS, PENDING THE ISSUANCE AND EVALUATION OF
A REQUEST FOR PROPOSALS AND THE AWARD OF A CONTRACT
THEREUNDER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
A PERIOD NOT TO EXCEED ONE (1) YEAR, AT A COST NOT TO EXCEED
$300,000.00, FOR SAID SERVICES; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 280501-340
(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.
84 February 24, 1998
10: RECONSIDER AGENDA ITEM CA-3 (PROPOSALS FOR PROFESSIONAL
SERVICES FOR DINNER KEY MASTER PLAN) -- APPROVE PROFESSIONAL
SERVICES FOR A MAXIMUM OF $60,000 SUBJECT TO WATERFRONT
BOARD APPROVAL -- SEE LABEL 7.2
VICE CHAIRMAN TEELE: Mr. Clerk, on item CA-3, what did we
do on that?
CITY CLERK WALTER FOEMAN (CITY CLERK): CA-3 was approved.
CITY MANAGER GARCIA-PEDROSA: The conditions that Mr.
Plummer gave, which is approved --
VICE CHAIRMAN TEELE: The Chairman wants to discuss that
item.
Motion to reconsider by the Chairman. Motion by the
Chairman to reconsider.
COMMISSIONER PLUMMER: Second the motion for
reconsideration.
VICE CHAIRMAN TEELE: Seconded by Commissioner Plummer. All
those in favor for the motion for reconsideration say "aye".
All those opposed? The item is on the agenda.
The following motion was introduced by Chairman Hernandez,
who moved its adoption:
MOTION NO. 98-203
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON AGENDA ITEM CA-3
(RESOLUTION NO. 8-199, WHICH AUTHORIZED AND DIRECTED CITY
MANAGER TO SEEK PROPOSALS FOR THE ACQUISITION OF
PROFESSIONAL PLANNING SERVICES, AT A FEE NOT TO EXCEED
$60,000 TO PREPARE AN UPDATE OF THE 1984 DINNER KEY MASTER
PLAN) .
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
85 February 24, 1998
NOES: None.
ABSENT: None.
CHAIRMAN HERNANDEZ: Mr. Manager, can you explain to me on
CA-3 what has been the conditions placed on the resolution?
Or Mr. Plummer?
COMMISSIONER PLUMMER: Yeah, very simple is that the
Waterfront Board asked to have a look see at the issue. The
matter is approved subject to their having a hearing to
understand it. If they have no objections, it's approved.
If they have an objection, it comes back on our next agenda.
CHAIRMAN HERNANDEZ: Okay. Which will be what?
COMMISSIONER PLUMMER: March loth.
CHAIRMAN HERNANDEZ: Fantastic. Go on.
VICE CHAIRMAN TEELE: On the motion, item CA-3 by
Commissioner Plummer.
CHAIRMAN HERNANDEZ: Second.
VICE CHAIRMAN TEELE: Seconded by the Chairman. Is there an
objection? Discussion? All those in favor, say aye. Those
opposed? Item is unanimously adopted. Continue for the
chair until he's ready.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 98-204
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
SEEK PROPOSALS FOR THE ACQUISITION OF PROFESSIONAL PLANNING
SERVICES, AT A FEE NOT TO EXCEED $60,000, TO PREPARE AN
UPDATE OF THE 1984 DINNER KEY MASTER PLAN, SAID UPDATE,
SUBJECT TO REVIEW BY THE WATERFRONT BOARD, SHALL INCLUDE A
FUTURE USE AND DEVELOPMENT PROGRAM, A MARKET ANALYSIS AND
FEASIBILITY STUDY FOR SAID ARE AND THE ADJACENT SUBMERGED
LAND AND PICNIC ISLANDS, SAID FEES TO BE PAID BY THE
DEVELOPER CHOSEN BY THE CITY COMMISSION TO DEVELOP SAID
SITE.
86 February 24, 1998
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Chairman Hernandez, 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. A. PERSONAL APPEARANCE: ANGEL GONZALEZ TO DISCUSS
CRIME SITUATION IN Allapattah -- DIRECT ADMINISTRATION TO
PROVIDE CRIME STATISTICS BY DISTRICT AREA.
B. RAISE FEE TO RECOVER CONFISCATED VEHICLES FORM DRUG
RELATED CHARGES FROM $500 TO $1,000.
VICE CHAIRMAN TEELE: Next item is public hearing item
number 6. As per Commissioner Gort.
Personal appearance. Mr. Gort?
COMMISSIONER GORT: Mr. Albas asked to be here to make a
presentation.
VICE CHAIRMAN TEELE: And we should also express our
appreciation to you, Mr. Alvarez for being so patient with
us today, thank you.
MR. ANGEL GONZALEZ: Good afternoon. My name is Angel
Gonzalez, on behalf of Mr. Lazaro Albes. Good afternoon,
Chairman, Vice Chairman, Commissioners. Mr. Alvarez was
here this morning until 1 o'clock this afternoon but due to
your hearing in the morning, he had to leave to attend his
business. I'm here on behalf of Mr. Lazaro Albes. My name
is Angel Gonzalez. I reside at 3280 West Flagler Street in
the City of Miami. I'm representing as a president of the
Allapattah Chamber of Commerce, I am representing Lazaro
Albes and many other hundred businesses in our community,
who have been very upset due to the increase in crime in the
Allapattah community. But in October of 1995, we had a
87 February 24, 1998
meeting with Chief of Police Warshaw and his staff and at
the time, we emphasized the need for more police presence in
the Allapattah community.
We went to the community and had a petition signed by more
than 700 residents and businesses in the community and here
are the copies of the petition with all the signatures. We
never had an additional police officer in our community.
About a month ago, we had a meeting at the Chamber of
Commerce with these concerned businessmen that were
complaining about increase in crime and the violence in our
community. The meeting was attended by the NET
administrator and by Lieutenant Villa, who is the chief of
the area. At the time we were told by the Lieutenant that
we had thirty-four officers in the community, in the
Allapattah community, assigned to that community. He said
that the number that he should have in order to provide a
better service was forty-two officers.
They've been doing a great job as far as the effort, that
effort that they have put into doing the job that they are
paid to do. But unfortunately, they don't have the
necessary resources or personnel to do the job that they
should be doing over there. Mr. Alvarez wanted to address
this Commission, and ask you respectfully, and I'm asking
you respectfully, in the name of all of these business
people and these residents, that something be done in order
to provide us the necessary amount of police officers that
we need to cover the Allapattah area.
Last week I was at a business and a police officer is
supposed to be patrolling 20th Street, was attending this
merchant and she was called and asked to move about five
miles away from where she was. She had to leave that call,
and move somewhere else. I hope to have your assistance
because if we don't do something in Allapattah, we're going
to start losing businesses. We have a gentleman that have
just invested close to a million dollars ($1,000,000), Mr.
Frank Mora. This gentleman was brought into the community
by Commissioner Willy Gort to invest in our community.
Last, two weeks ago, three weeks ago, one of his customers
came to buy some merchandise and the lady was robbed in
front of the store as she was walking in front of the store
and $18,000 was steal from her purse.
COMMISSIONER PLUMMER: Angel, let me tell you something.
I'm sorry that it happened to the lady. But any woman that
walks around with $18,000 in cash in their purse is asking
for a problem. You know, you just can't say it any other
88 February 24, 1998
way.
MR. GONZALEZ: Unfortunately, that's something that isn't
going to be a consolation to the lady. And that has only
been one case, okay? I mentioned one case. Mr. Alvarez was
robbed four times before he got shot, okay? Four
consecutive times. Until finally, this man got shot in his
store. Another guy, the police chief was walking the
Allapattah area last week and while he was walking in the
Allapattah area, a liquor store was held up on 22nd Avenue
and 28th Street. I mean, is a - is not a matter of night
time. It happens at 12 noon; it happens at 3 o'clock; it
happens at 7 o'clock in the morning. This is going out of
proportion. Something has to be done if we want to keep the
businesses in this community. We want to let this community
go to hell, well, let's do it.
VICE CHAIRMAN TEELE: I don't think any of us, certainly
none of us, want to even consider that as an option. We're
going to do everything that we can. Let's just do this now.
This is a discussion item Commissioner Gort has placed it on
the agenda. I'm going to look for direction from
Commissioner Gort but I think the Chief should be allowed,
at least through the Manager, I think the Chief should be
allowed to at least put on the record what he'd like to put
on the record. Chief Warshaw, Mr. Manager, the one thing
that we keep hearing about are these crime statistics. I am
repeatedly asked where we are in geo mapping, and I would
very much be interested in seeing five maps by district,
annually, as to where the crime is in the five districts
that we have.
I mean, we talked about that the first week I was here. I
think every community has got a story. And every
businessman has got a story. You know, just two nights ago,
you know, drive -by shooting killed someone. I mean, you
know, there's a lot of murders going on in businesses as
well, as you talked about this in the district that I
represent and I know that each Commissioner has a story.
And I commend you, again, for coming forward and I commend
Commissioner Gort for bringing you forward. But I think we
really need to look at this in the context of what's
happening all over the City, and a picture, Chief, trust me,
at this point is worth a thousand words. We need to see,
Commissioner Plummer, Commissioner Gort, Commissioner
Regalado and myself and the Chairman, need to see how the
crime is being managed district by district because we're
not here anymore as at large Commissioners. We're here
representing districts. And again, Commissioner Gort has
89 February 24, 1998
expressed a lot of concern about this in every meeting.
Chief?
MR. GONZALEZ: I share my --
VICE CHAIRMAN TEELE: Excuse me. Let's let Chief Warshaw,
Commissioner Gort?
COMMISSIONER GORT: I'd like to for the Chief to answer.
J.L.?
COMMISSIONER PLUMMER: I just wanted to let you know, all of
you let you know that he and I have been talking and that he
has agreed that he would go to each one of our districts and
individually discuss the problems which I think is what
you're asking right now, that be done. I know that he did
walk Allapattah the other day when I tried to reach him. He
was not available. And I think he was shown up there what
needs to be shown. But I'm saying to each and everyone of
you, if you will schedule with him, he would like to come in
with the staff, if necessary, to show to you what he is
doing in your particular district and what the stats are in
your particular district and recommendations that he might
have to offer which would make it better for your particular
district. I just wanted that on the record.
VICE CHAIRMAN TEELE: In other words, you all have the data
right now on a district by district basis?
COMMISSIONER PLUMMER: He was prepared to start immediately.
CHIEF WARSHAW: It's not by district. It is by NET area.
VICE CHAIRMAN TEELE: No, sir. District by district.
COMMISSIONER PLUMMER: Okay. We can do that just as well.
Just a matter of reformulating the lines.
VICE CHAIRMAN TEELE: Reformulating.
COMMISSIONER PLUMMER: Yeah. When you go by Net offices, I
think know, there are thirteen, I have five of the thirteen
in my district.
CHIEF WARSHAW: Right.
COMMISSIONER PLUMMER: I understand fully what you're
saying, Art.
90 February 24, 1998
COMMISSIONER GORT: You're lucky, I only have three.
CHIEF WARSHAW: Just a couple of comments. We do geographic
mapping by Net area and when the Net lieutenants meet every
two weeks, we have updated information as to where
particular crimes are being committed so that they can be
targeted and zeroed in to even particular street corners.
That's the whole purpose of those kinds of meetings. Angel,
let me talk about the staffing issue. A year ago, we were a
department in the low to mid 900's. It takes from a year to
a year and a half. You've heard me stand up here many times
before, we are about to reach our all-time high in staffing,
but 80 of the officers right now who we have in the
department are in various levels of training. Eighty or 90
or 100 police officers, is ten percent of our entire work
force makes an enormous impact to put five officers more in
Allapattah, four officers more over in Overtown and X number
in any of the other NET areas. Unfortunately, because of
what has happened, not only to the City but the Department
as well, it takes 18 months from the time you get a police
exam to actually put a police officer on the street who is
ready, able, you know, to perform as an officer.
So by the summer of this year, we'll have over 1100 officers
fully trained who are out of either the academy or field
training center and those staffing numbers will go up. As
far as the statistics go, I've always said even though the
crime numbers are going down, statistics don't tell the
whole stories. Statistically, crime in Allapattah has gone
down. There's been recently a rash of crimes in Allapattah,
and I know many of you are aware from having read about it,
that some of this, not all, has been attributable to this
loosely constructed gang. And all I can tell you is that we
have worked very hard and are very close to some resolution
of that, without going into all the details. But this group
of young hoodlums has committed, you know, numerous
burglaries and robberies and have stockpiled weapons and
other contraband and we're very close to some resolution of
that case.
But, Angel, you're right about the staffing levels. It's
five more officers in Allapattah will make an enormous
difference and we're very close to reaching that point.
We've spoken with the gentleman you're representing and I
know he was the victim of a burglary and subsequently, I
know he was involved where he was shot this past December,
and I have Lieutenant Cotera here who has been with him on
numerous occasions and his people are investigating the
case. I'm not disagreeing with anything you're saying. We
91 February 24, 1998
want to put these additional officers on the street and
we're very close to being able to do that.
MR. GONZALEZ: I hope so, because you say --
COMMISSIONER GORT: Mr. Chairman, let me express something.
I've been involved quite a bit and I told Angel and I told
the gentleman I went to see him personally. I talked to the
detective doing the investigation, where allegations have
been made that I know where all the criminals are, but yet
nobody is willing to identify. A lot of times when we
apprehend someone, and you ask people to testify, they'll
not testify. It's a role that takes two of us. I been
victimized three times. Three days ago, there were three
shots fired at my house; there was a knock on the door. By
the time the police get there, the police cannot guard every
house, every business a hundred percent. We got to work
with the police, too. Let me tell you, I've been involved
in the sting operations. The police are trying to do those.
One of the things I did when I got up in the morning, I
went and I looked for the casings, I got the three bullet
cases. I called the police, gave it to them and then tried
to work with them. And I told them, if you need my
cooperation, I'll be there at any time.
We try to form Crime Prevention. We are asking people to
participate. We're working to towards that. Like the Chief
is saying, there's a couple of things happening there that
are being investigated. I am committed to meet with them
one on one and sit down with the owners and with the Chamber
of Commerce, not in here, because in here we are not going
to make decisions, but at the Chamber of Commerce. We sit
down there. We could go into specific plans that we'd like
to implement, but we need everybody to work on those things.
That's a commitment I made to Allapattah and a commitment I
made to the City and to my whole district and I continue to
work with them constantly.
VICE CHAIRMAN TEELE: Well, I think the issue is clearly
before us. I think if we're going to have a committee
system, a matter like this normally would not have been
discussed but referred to the committee. In deference to
Commissioner Gort I've tried to at least put it --
facilitate an opportunity for you to put it on the record.
I think you have. In fairness, I think, to the rest of the
City, you know, it's very clear that there is a crime
problem there with some youth, but I certainly think that no
area has gotten the kind of attention from congressmen to
chief of police, to mayors walking through it, at least
92 February 24, 1998
showing the flag and showing there is concern, so I would
hope that you feel that you've had your day now that you've
had twenty minutes on this, and that we will ask both your
Commissioner and the Chairman of the Committee, Commissioner
Plummer, to work with the Manager and with the Chief to see
if we can further provide more relief for your neighborhood.
MR. GONZALEZ: We thank you. That's all we ask.
COMMISSIONER GORT: At the same time, like to put in the
record, I'd like to be fair, I have worked with Lieutenant
Cotera on quite a few sting operations in that area. I'd
like him to explain some of the things that have been done
in there.
LIEUTENANT AL COTERA: Lieutenant Cotera, Commander,
Central, CSU, GIU. That encompasses Wynwood, Overtown,
Allapattah, and downtown. Um, last month as an example,
thirty-three felony arrests were conducted by just the CSU
unit in specifically, the Allapattah area. I personally
responded to the burglary at La Rampa. It's interesting to
note that the money room where the safe was kept is the only
place in the store that doesn't have an alarm. The safe was
also left open over the weekend. Not to make excuses, but it
doesn't help any when you got $40,000 laying around in an
open safe. We responded, and I had investigators respond,
the Sergeant respond to the robbery when it occurred. The
victim could not ID -- identify anyone. The supposed
witness has gone to the station at least on two occasions,
has been shown photographs of suspects that we have picked
up in the area of the everybody else, and he has not been
able to identify anyone, either. You know, that's just the
reality.
VICE CHAIRMAN TEELE: I think we probably may be going a
little far in this in terms of an ongoing investigation.
And obviously, we want to protect everyone's rights.
Including, I guess, the suspects. But the fact here is
that, obviously, a lot of attention has gone into this and
Commissioner Gort has kept it, I think, at a very high level
of visibility and you certainly are welcome to continue to
work with this Commission and we'd like to hear from you in
the future.
MR. GONZALEZ: Thank you very much.
LIEUTENANT COTERA: Commissioner Teele, I would also like to
mention real quick that on Friday, we had handled a sting
operation in Overtown and we made thirty-one arrests.
93 February 24, 1998
VICE CHAIRMAN TEELE: Reverse sting and I commend you for
that.
You know, the irony to the public is right before we broke,
we heard citizens complaining that all we do is worry about
police; and we really don't focus in on business and
economic development. It really does show how dynamic our
City is and how this Commission and the Manager is
struggling to address everyone's concerns.
COMMISSIONER PLUMMER: The only problem I have is he, major
sting operation in Overtown and now they're over on Pine
Street.
LIEUTENANT COTERA: That's a different district.
COMMISSIONER PLUMMER: That's obvious.
VICE CHAIRMAN TEELE: I don't know why they released the
cars for $500.
COMMISSIONER PLUMMER: I don't either.
VICE CHAIRMAN TEELE: That's the only question I have, Mr.
Manager. Why somebody can come in and buy $100 worth of
drugs, whatever, and then they can get their car back for
$500. Maybe that's a rhetorical question.
COMMISSIONER PLUMMER: Let's do it this way, Art. I'll make
a motion now, that the City Manager, the City Attorney,
contemplate upping the ante on a drug related car to $1,000
and report back to this Commission. I so move.
VICE CHAIRMAN TEELE: Second the motion. That the Manager
and the Chief study the issue and report back to the
Commission. Is there a discussion on the Manager studying
this? Commissioner Gort?
COMMISSIONER GORT: Call the question.
VICE CHAIRMAN TEELE: All those in favor? All Commissioners
present say aye.
VICE CHAIRMAN TEELE: Opposed?
94 February 24, 1998
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 98-205
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND THE
CITY MANAGER TO RAISE THE FEE TO RECOVER CONFISCATED
VEHICLES FROM DRUG RELATED CHARGES FROM $500 TO $1000;
FURTHER REQUESTING THE ADMINISTRATION TO COME BACK WITH A
RECOMMENDATION BY THE CITY COMMISSION.
Upon being seconded by Vice Chairman Teele, the motion was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NOES: None.
ABSENT: None.
COMMISSIONER PLUMMER: How much have you collected on the
$500.
CHIEF WARSHAW: Almost $300,000. And I have to tell you,
they pay fast. They pay with cash and very few people fight
us, so $1,000 would be fine with us.
VICE CHAIRMAN TEELE: I mean, the whole idea is we ought to
make, you know, using drugs in the City very expensive for
people.
CHIEF WARSHAW: Okay.
VICE CHAIRMAN TEELE: Mr. Chairman, I yield back to you.
95 February 24, 1998
12. DEFER CONSIDERATION OF AGENDA ITEM 7 (PROPOSED FIRST
READING ORDINANCE: REPLACEMENT OF CITYWIDE FLEET) AS WELL AS
CONSENT AGENDA ITEM CA-2 (TAKE HOME POLICE CARS) TO
SCHEDULED CITY COMMISSION MEETING OF MARCH 10, 1998 -- SEE
LABEL 23.
CHAIRMAN HERNANDEZ: Thank you, Mr. Vice Chairman. Number
7, first reading ordinance.
COMMISSIONER PLUMMER: Mr. Chairman, this is coupled with
the other one that I pulled on CA-2. My concern is, in
fact, that these are some of the areas in my opinion, that
we need to explore further, now that the fire fee has
failed. It is very much aware to me that we have
contractual obligations on cars.
But I don't know that without going into this further, for
example, that the administrative cars that they're using
today, are going to be given over to patrol for pursuit
vehicles, that instead of getting for the administrators
mid -sized cars, why can't we get compact cars? And so this
is the reason that I ask the issue to be deferred. Let us
look at it further and come back to the next meeting. So in
effect, you might note that this here comes to a total of
just over three million dollars ($3,000,000) when you read
the whole issue. I'm not sure that that's the smartest
thing to do, but I would like to say at this point, I don't
feel that I have had enough information, enough look see at
this, to make as the Chairman of Public Safety, a
recommendation. So I would ask that item 7 be deferred as
coupled with CA-2.
CHAIRMAN HERNANDEZ: Want to defer it to a date certain?
COMMISSIONER PLUMMER: Yes, of course, the next meeting,
without question.
CHAIRMAN HERNANDEZ: March 10. There's a motion on the
floor by Commissioner Plummer. Is there a second?
VICE CHAIRMAN TEELE: Second.
CHAIRMAN HERNANDEZ: Any discussion? Staff? All those in
favor say aye.
96 February 24, 1998
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION 98-206
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NO. 7
(PROPOSED ORDINANCE TO AMEND THE CAPITAL IMPROVEMENTS
ORDINANCE BY CONTINUING AND REVISING PREVIOUSLY APPROVED
SCHEDULED CAPITAL IMPROVEMENT PROJECT ENTITLED "REPLACEMENT
OF CITYWIDE FLEET") TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR March 10, 1998.
Upon being seconded by Vice Chairman Teele, the motion as
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur Teele, Jr.
Chairman Humberto Hernandez
NOES:
None.
ABSENT: None.
MR. TONY RODRIGUEZ: I'm Tony Rodriguez, Miami FOP
(Fraternal Order of Police). The only thing I would comment
on is a couple of things. First of all, before this fire
fee was defeated, because that's a contractual issues, those
cars are contractually issued with by the Fraternal Order of
Police.
Before the fire fee was defeated, we had been working with
the City and administration to do everything we can to
reduce costs such as what you just mentioned. The fact that
these cars were going to administration, the fact that they
were 96 cars going to be purchased; the fact that they were
not police pursuit vehicles, that, among other facts, the
extension of spare vehicle fleets, among others, which I
would happily discuss with you, is exactly what we've been
doing to lower costs. My concern is to defer this now,
because there's -- this bill that you deferred now, this
item now is an appropriations issue, resolution, and the
problem with that is we may not have enough time to purchase
these cars because of the bids.
COMMISSIONER PLUMMER: Only talking two weeks.
97 February 24, 1998
CITY MANAGER GARCIA-PEDROSA: Let me also point out this is
an ordinance, unlike the one you deferred is a resolution.
COMMISSIONER PLUMMER: Pass it on first read. I have no
problem with that. That even gives me thirty days.
CITY MANAGER GARCIA-PEDROSA: It gives you --
COMMISSIONER PLUMMER: Thirty days for second reading.
CITY MANAGER GARCIA-PEDROSA: We were going to put it on
March 10 but thirty days thereafter is when it takes effect.
COMMISSIONER PLUMMER: Mr. Manager, I'm only trying to find
ways to save money. I don't want to talk about taking away
take-home cars at this point. But as you know, that's going
to be one of the items. That's a five million dollar
($5,000,000) item somewhere or somewhere in that
neighborhood. I'm trying to find ways to save money. Okay?
CITY MANAGER GARCIA-PEDROSA: We'll put -- if you would pass
it on first reading.
COMMISSIONER PLUMMER: I'll move it on first reading.
CITY MANAGER GARCIA-PEDROSA: Thank you, sir.
CHAIRMAN HERNANDEZ: Make a motion to withdraw your prior
motion?
MR. MAXWELL (INTERIM CITY ATTORNEY): You have to reconsider
your vote.
CHAIRMAN HERNANDEZ: Is that a reconsider?
COMMISSIONER PLUMMER: Fine. Put it on for first reading.
I have no problem with that.
CITY MANAGER GARCIA-PEDROSA: You move to reconsider but you
already voted.
CHAIRMAN HERNANDEZ: We've voted. You have to make a
motion.
COMMISSIONER PLUMMER: I make a motion to reconsider.
COMMISSIONER REGALADO: Second.
CHAIRMAN HERNANDEZ: Motion to reconsider seconded by
98 February 24, 1998
Commissioner Regalado.
The following motion as introduced by Commissioner Plummer,
who moved its adoption:
MOTION 98-207
A MOTION TO RECONSIDER VOTE TAKEN ON MOTION 98-206, WHICH
HAD DEFERRED CONSIDERATION OF AGENDA ITEM NO. 7 (PROPOSED
ORDINANCE TO AMEND THE CAPITAL IMPROVEMENTS ORDINANCE BY
CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED
CAPITAL IMPROVEMENT PROJECT ENTITLED "REPLACEMENT OF
CITYWIDE FLEET") TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR MARCH 10, 1998.
(NOTE FOR THE RECORD: Item 7 was later reconsidered and
deferred. See Motion No. 98-216.)
Upon being seconded by Commissioner Regalado, the motion was
passed by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NOES:
None.
ABSENT: None.
COMMISSIONER PLUMMER: I move that we pass. That we pass on
first reading with the provisions of the stipulation, which
I've already mentioned.
CHAIRMAN HERNANDEZ: There's a motion on the floor by
Commissioner Plummer, seconded by Commissioner Regalado.
VICE CHAIRMAN TEELE: Discussion?
CHAIRMAN HERNANDEZ: There will be discussion.
VICE CHAIRMAN TEELE: Mr. City Attorney, City Manager, City
Attorney, why does this have to be an ordinance?
MR. RALPH DIAZ (DEPUTY CITY ATTORNEY): The ordinance that
99 February 24, 1998
was originally passed adopting the budget was an ordinance.
We cannot amend an ordinance with a resolution.
CITY MANAGER GARCIA-PEDROSA: Mr. Vice Chairman, if I may
address that, since I got here, I've been asking the same
question. And given that same answer. I asked the City
Attorney to find a way of maybe, in the next year's
appropriation, to do this by resolution, so we don't have to
have this cumbersome process.
Obviously, they have an ordinance now, which needs to be
amended by ordinances which is what they've told you. Maybe
we could do the whole thing differently.
VICE CHAIRMAN TEELE: The underlying ordinance contains a
set of resolutions. This is the most cumbersome,
bureaucratic --
CITY MANAGER GARCIA-PEDROSA: And expensive, because we have
to advertise for every second reading of those.
VICE CHAIRMAN TEELE: How much general fund is involved in
this appropriation? Because I heard, you know, the very
esteemed representative speak. I don't want to get into a
name calling with everybody that comes up today. But let me
tell you, you know, collective bargaining or no, you know,
you all need to be on notice that we don't have money to
live up to our obligations. And the question is, if this is
general fund, I'm voting against it. Not because I'm
against it. But our budget is 23 million dollars
($23,000,000) out of whack right now with the general fund.
And I'm not going to be supporting any more general fund
expenditures until we get this budget in balance. You can't
keep saying we're going to have emergency meetings and we're
going to do that and then just continue, because I'm telling
you, this City is headed to a financial disaster if we don't
act. And only the legislative body can act other than under
the inter -local agreement we can force the Governor to act.
That may be what somebody wants to do, but I don't see how
on one hand you can just vote down 23 million dollars
($23,000,000) of budget, which puts you 21 million dollars
($21,000,000) out of budget adjustment and, then, start
spending money like nothing else has happened today.
COMMISSIONER PLUMMER: Got a second vote on that one, I'll
tell you.
VICE CHAIRMAN TEELE: If this is grant money; if this is
impoundment money; if this is fees, I'm all for it.
100 February 24, 1998
CITY MANAGER GARCIA-PEDROSA: This is your capital
improvements projects and those were funded in different
ways, including a contribution from the general fund. I
will tell you, because we had three or four hours between
the time that the fire fee was defeated and the time that
you resumed, and since we have a meeting on Monday where we
have to present to you a 23.8 million dollar ($23,800,000)
solution.
VICE CHAIRMAN TEELE: We had two million dollars
($2,000,000) of carry-over in the budget, didn't we? One
and a half? I'm talking about in your projections?
CITY MANAGER GARCIA-PEDROSA: For?
VICE CHAIRMAN TEELE: For reserves, contingencies and all
that.
CITY MANAGER GARCIA-PEDROSA: True. But one of the things
that we are considering, Mr. Vice Chairman, is reducing, not
eliminating, reducing the contribution from the general fund
to capital improvements. And what we need to do at that
point, and we will do it over the next few days is to
identify what the impact of those reductions would be. So I
can't tell you at this moment, because that's not the way we
keep the books, whether this is funded out of one source or
the general fund or some other source. Locally, usually
it's a combination of sources.
VICE CHAIRMAN TEELE: I think we ought to defer this to the
end of the meeting, get the budget officer to figure out,
because look, we cannot start spending general fund money
that we don't have. It's bad enough that we've got all
these people on board, and recognizing that 85, 90 percent
of our budget, or 75, 85 percent of our budget is personnel,
fringe benefits associated with that.
CITY MANAGER GARCIA-PEDROSA: Let me say again, I don't
think I made myself clear, at least to Commissioner Plummer.
Because the capital improvements budget projects are funded
from different sources, we can't take a particular project
and say, this one is being funded from the general fund.
It's the totality of the projects. As we diminished or
reduce the projects that we're going to fund we will have tc
tell you which ones.
VICE CHAIRMAN TEELE: When the Finance Department spends
money, they've got to draw it from some account. So
somewhere along the line, there is going to be an account
101 February 24, 1998
that that is going to have to come from.
CITY MANAGER GARCIA-PEDROSA: Right. What I'm saying to you
is that account is nourished from different sources,
including the general fund. So when we reduce the general
fund, which we will, contribution to capital improvements,
we will report that to you on Monday, we will identify the
projects that cannot be funded by virtue of that diminution.
Now the other thing you need to remember is, this particular
amendment includes not just the sea wall, but the
neighborhood guard houses for which the property owners --
COMMISSIONER PLUMMER: Wait. What are you talking about?
We're talking about police cars.
CITY MANAGER GARCIA-PEDROSA: I'm sorry, I thought you were
on 9.
VICE CHAIRMAN TEELE: Mr. Chairman, I would strongly ask
that we defer this item until this meeting today, and let's
try to get the Budget Office and the Finance Office to come
up here and tell us how much of this is general fund money,
because the problem that we have here is that this
Commission just took an action that stripped 23 million
dollars ($23,000,000) out of the budget. Now, we said we're
going to meet on Monday, but it seems to me that the clock
has to started as of the day we took this decision. And
with all due respect, I don't want to have to fight. I'm
not spoiling for a fight with the police or with the union.
But the fact of the matter is, we don't have the money to
pay for any more capital items that are general fund until
we bring this budget into balance.
CHAIRMAN HERNANDEZ: Commissioner Plummer, will you withdraw
your motion for the time being and we'll defer this item.
COMMISSIONER PLUMMER: Sure.
CHAIRMAN HERNANDEZ: Motion on the floor to move it to the
end of the afternoon session.
COMMISSIONER PLUMMER: There is breakdown, Art, in the back
up material. But I'm fully in concurrence. If my colleague
ask it be deferred, let it be deferred.
CHAIRMAN HERNANDEZ: He'll have time to review. There's a
motion to defer. Is there a second?
COMMISSIONER PLUMMER: Second.
102 February 24, 1998
CHAIRMAN HERNANDEZ: Second by Commissioner Plummer.
Deferring until later on in the afternoon. Giving the Vice
Chairman an opportunity to review.
13. FIRST READING ORDINANCE: ESTABLISH NEW REVENUE FUND:
EMERGENCY OPERATIONS CENTER PROGRAM -- APPROPRIATE $473,000
FOR RETROFITTING / CONSTRUCTION OF EMERGENCY OPERATIONS
CENTER AT FIRE TRAINING CENTER IN COCONUT GROVE.
COMMISSIONER PLUMMER: I move 8.
COMMISSIONER GORT: Second.
CHAIRMAN HERNANDEZ: Motion on item 8, seconded by
Commissioner Gort.
COMMISSIONER PLUMMER: Read the ordinance.
CHAIRMAN HERNANDEZ: Read the ordinance, please.
MR. RALPH DIAZ (DEPUTY CITY ATTORNEY): An ordinance
establishing a new special revenue fund order entitled
"emergency operations center program" and appropriate funds
in the amount of $473,000 for the operation of said program,
consisting of a grant from the State of Florida, Department
of Community Affairs, to fund the retrofitting and
constructing of a City-wide emergency operations center at
the Fire Training Center, Coconut Grove, Florida, containing
a repealer provision and a severability clause; providing
for an effective date; and providing for inclusion in the
City code.
CHAIRMAN HERNANDEZ: Roll call.
COMMISSIONER PLUMMER: For my colleagues' edification, very
briefly, we're getting a great deal of money in a State
grant which was now going to be used to take and to move the
Fire Department from the MRC building down to the Coconut
Grove Fire Training Facility, where they will be all in
total in one facility, with the money that they receive from
the State. I vote yes.
103 February 24, 1998
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ORDER
ENTITLED "EMERGENCY OPERATIONS CENTER PROGRAM" AND
APPROPRIATE FUNDS IN THE AMOUNT OF $473,000 FOR THE
OPERATION OF SAID PROGRAM, CONSISTING OF A GRANT FROM THE
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, TO FUND
THE RETROFITTING AND CONSTRUCTING OF A CITY-WIDE EMERGENCY
OPERATIONS CENTER AT THE FIRE TRAINING CENTER, COCONUT
GROVE, CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
INCLUSION IN THE CITY CODE.
was introduced by Commissioner Plummer, seconded by
Commissioner Gort, and was passed on first reading, by title
only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS:
None.
ABSENT: None.
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of
the City Commission and to the public.
14. FIRST READING ORDINANCE: AMEND SECTION VI OF CIP
ORDINANCE 11337 -- ESTABLISH OTHER CAPITAL IMPROVEMENT
PROJECTS -- FURTHER DIRECT CITY MANAGER TO IDENTIFY CAPITAL
PROJECTS' NATURE MORE SPECIFICALLY FOR PUBLIC INFORMATION
PURPOSES.
CHAIRMAN HERNANDEZ: Yes. Item number 8. Item number 9?
COMMISSIONER PLUMMER: Mr. Manager, in these capital
improvement items, it would be nice, in my estimation on the
agenda, if you would tell the public what these items are.
I can go to the back up and find out that one of the major
projects is Morningside Park, but the public doesn't have
that ability to know what they are. And I think it would be
very helpful in the future, especially when it is going
104 February 24, 1998
through Cable 9, to identify the capital improvements they
are actually addressing. Morningside Park is in my
district. I move item 9.
CITY MANAGER GARCIA-PEDROSA: Hopefully the guard houses.
COMMISSIONER PLUMMER: Yeah, I understand that.
COMMISSIONER GORT: Second.
CHAIRMAN HERNANDEZ: There is a motion on the floor by
Commissioner Plummer, seconded by Commissioner Gort.
Discussion. Hearing none, seeing none, all those in favor,
say aye.
MR. RALPH DIAZ (DEPUTY CITY ATTORNEY): It is an ordinance
amending section 6 of capital improvements Ordinance No.
11337, as amended, adopted January 25, 1996; continuing,
revising and establishing capital improvement projects;
providing conditions, authorizations and directions to the
City Manager and City Clerk; containing a repealer provision
and a severability clause, and providing for an effective
date.
CHAIRMAN HERNANDEZ: Roll call.
105 February 24, 1998
An ordinance entitled -
AN ORDINANCE AMENDING SECTION 6 OF CAPITAL IMPROVEMENTS
ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996;
CONTINUING, REVISING AND ESTABLISHING CAPITAL IMPROVEMENT
PROJECTS; PROVIDING CONDITIONS, AUTHORIZATIONS AND
DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer, seconded by
Commissioner Gort, and was passed on first reading, by title
only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS:
None.
ABSENT: None.
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of
the City Commission and to the public.
15. PROCEDURE TO BE FOLLOWED BY COMMISSION IN MAKING
APPOINTMENTS TO CODE ENFORCEMENT BOARD.
CHAIRMAN HERNANDEZ: Item number ten. This is my item.
It is in reference to changing the procedure to the Code
Enforcement Board. Similar to the problem we're having with
Commissioner -- the problem, really, that Vice Chairman
Teele was having that he got stuck with no appointments.
Basically, what we have is to make a Commissioner -- I have
one regular item, one regular member that I have to appoint
as a Commissioner at large that has to be made.
COMMISSIONER PLUMMER: Wait a minute. Are we on 10 or 11?
VICE CHAIRMAN TEELE: Wait a minute. I got to be careful.
CHAIRMAN HERNANDEZ: Item number 10.
COMMISSIONER PLUMMER: But you are addressing 11.
106 February 24, 1998
CHAIRMAN HERNANDEZ: Yeah, because it's a companion and I'll
tell you what the thing is. Item number 10 and I'd like the
City Attorney just to explain briefly the problem we were
having with Code Enforcement appointments. And the
companion item, which is 11, is to make those appointments
to make the Code Enforcement Board whole.
MR. WYSONG (ASSISTANT CITY ATTORNEY): Okay, as you know the
Code Enforcement Board is comprised of nine members, seven
regular, two alternate. As we tried to apportion the
members to each of the Commissioners for nomination, it
became difficult to divide seven and two. So the easiest
way to do it was to give each Commissioner one regular
member and then have the Commission at large appoint the two
extra regular members and the two alternate members.
And we have seven regular and two alternate because we
essentially follow the Florida State Statute, 162, which
sets up procedures for creating the code enforcement boards
and all the other relevant procedures. So that's why we
have such an odd number. But this was the most equitable
and expeditious way of apportioning the members.
CHAIRMAN HERNANDEZ: That's the bottom line.
COMMISSIONER PLUMMER: Well, name him.
CHAIRMAN HERNANDEZ: I have Angel Gonzalez is going to be my
regular board member.
VICE CHAIRMAN TEELE: Wait, Mr. Chairman. Am I going to get
hurt in this?
CHAIRMAN HERNANDEZ: No, you're going to have one and then
there's going to be two at large appointed by the
Commission, and two at large alternates.
COMMISSIONER REGALADO: How can you do that? We only have
here one commission at large now today.
CHAIRMAN HERNANDEZ: Because I'm left without one right now.
COMMISSIONER REGALADO: Right. You got one.
CHAIRMAN HERNANDEZ: Everyone gets one regular, and then
there's two at large, which are going to be regular members
and two at large, that are going to be alternates that we
all get to pick.
107 February 24, 1998
COMMISSIONER REGALADO: Right. But some of them, whose
terms will expire in the year 2000 or '99; right?
CHAIRMAN HERNANDEZ: Correct.
COMMISSIONER REGALADO: So, there is only one that just
expired; correct?
CHAIRMAN HERNANDEZ: Right.
COMMISSIONER REGALADO: That would be Vice Chairman Teele.
COMMISSIONER PLUMMER: My appointment on there is who? Who
is my appointment?
CITY CLERK WALTER FOEMAN: Luis Roca.
COMMISSIONER PLUMMER: Who?
CITY CLERK WALTER FOEMAN: Luis Roca.
COMMISSIONER PLUMMER: Right. He's a construction man. Is
Carolyn Cope on that on there?
CITY CLERK WALTER FOEMAN: No. What happened, the last at
large prior to this piece of legislation, you had appointed
Deborah Valador for your at large seat and she resigned. So
that creates a vacancy.
COMMISSIONER PLUMMER: All right.
CHAIRMAN HERNANDEZ: Do you have an appointment?
VICE CHAIRMAN TEELE: Yes, sir.
CHAIRMAN HERNANDEZ: Vice Chairman Teele has an appointment.
VICE CHAIRMAN TEELE: Jacques Despinose.
CHAIRMAN HERNANDEZ: Is this your regular appointment?
VICE CHAIRMAN TEELE: Yes, sir.
CHAIRMAN HERNANDEZ: This is the first time you've appointed
somebody to the board?
VICE CHAIRMAN TEELE: Apparently, they say the person who
was appointed was excessively absent.
108 February 24, 1998
CITY CLERK WALTER FOEMAN: Jasper Sweat was excessively
absent. We received a memo from the board yesterday.
VICE CHAIRMAN TEELE: So it would be Mr. Despinose to
replace Mr. Sweat.
CHAIRMAN HERNANDEZ: Right. Okay. And you have your
appointment, your regular appointment?
CITY CLERK WALTER FOEMAN: Raymond McElroy.
COMMISSIONER REGALADO: Yes. Raymond McElroy.
CITY CLERK WALTER FOEMAN: He's currently serving.
CHAIRMAN HERNANDEZ: Commissioner Gort?
COMMISSIONER GORT: At this time I'm going to pass on my
appointments.
CHAIRMAN HERNANDEZ: Commissioner Plummer?
COMMISSIONER PLUMMER: I have Luis Roper.
CHAIRMAN HERNANDEZ: And I have?
CITY CLERK WALTER FOEMAN: Well, we received a letter
yesterday from Angel Gonzalez saying he was resigning the
alternate.
CHAIRMAN HERNANDEZ: We are appointing him as a regular
member.
COMMISSIONER REGALADO: Wait.
CHAIRMAN HERNANDEZ: I'll appoint him.
CITY CLERK WALTER FOEMAN: I think you first need to pass
the legislation first. Then we can get to the appointments.
CHAIRMAN HERNANDEZ: That's right. That's item number 11.
Go ahead Commissioner Regalado.
COMMISSIONER REGALADO: Just a question. Is this list any
good any more or not?
CITY CLERK WALTER FOEMAN: The list is good, but as of 6
o'clock yesterday, we had two issues that I sent to you via
memoranda.
109 February 24, 1998
One was excessive absence of Commissioner -- Vice Chairman
Teele's appointment, which was Jasper Sweat. And the second
one was the resignation of Angel Gonzalez who was serving in
the alternate seat.
COMMISSIONER REGALADO: Right. And so in this case,
Jacqueline Cotarello, she is still --
CITY CLERK WALTER FOEMAN: She's still serving because her
expiration is 199.
COMMISSIONER REGALADO: That's what I wanted to find out.
VICE CHAIRMAN TEELE: We got to pass the underlying.
CHAIRMAN HERNANDEZ: Right, we have to pass item number 10.
Is there a motion on the floor to pass?
COMMISSIONER GORT: Move it.
COMMISSIONER PLUMMER: Second.
CHAIRMAN HERNANDEZ: Moved by Commissioner Gort, seconded by
Commissioner Plummer. Any further discussion by the
Commissioner? By the staff? Hearing none, all those in
favor, say aye.
CHAIRMAN HERNANDEZ: All those against? Pass.,
110 February 24, 1998
The following resolution was introduced by Commi sioner- -.
Gort, who moved its adoption.
RESOLUTION 98-208
A RESOLUTION STATING THE PROCEDURE TO BE FOLLOWED BY THE
CITY COMMISSION IN MAKING APPOINTMENTS OF REGULAR AND
ALTERNATE MEMBERS TO THE CODE ENFORCEMENT BOARD.
(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 Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
16. A. APPOINT ANGEL GONZALEZ, JACQUES DESPINOSE AND ROSE
PUJOL TO CODE ENFORCEMENT BOARD.
B. DISCUSS / CONSIDER PRIVATIZING COLLECTION OF CODE
ENFORCEMENT FINES -- INSTRUCT CITY MANAGER TO RETURN WITHIN
30 DAYS WITH PROPOSAL -- FURTHER DISCUSS NEED FOR AMNESTY
ORDINANCE AND FOR REVISING AMOUNTS OF CODE ENFORCEMENT FINES
-- DIRECT ADMINISTRATION TO INSTRUCT CITIZENRY TO PLACE
BUILDING PERMITS MORE VISIBLE FROM THE STREET.
COMMISSIONER PLUMMER: What about 11?
CHAIRMAN HERNANDEZ: Okay. Item 11. Now we can just fix the
appointments. I want to appoint Angel Gonzalez as my
regular member to the Commission,. I mean to the Code
Enforcement Board. Now, we have to pick two at large
regular members.
CITY CLERK WALTER FOEMAN: There's an at large that the
Commission needs to do now.
ill February 24, 1998
CHAIRMAN HERNANDEZ: One at large.
CITY CLERK WALTER FOEMAN: It was on the agenda as
advertised. The Commission needs to appoint.
COMMISSIONER REGALADO: Mr. Chairman, I'm proposing for
Commission at large, Rose Pujol. She is a member now.
COMMISSIONER GORT: Second.
CITY CLERK WALTER FOEMAN: She's currently serving.
CHAIRMAN HERNANDEZ: She's expired.
COMMISSIONER REGALADO: Her term has expired.
COMMISSIONER GORT: Second the motion.
CHAIRMAN HERNANDEZ: We have a motion to reappoint Rose
Pujol by Commissioner Regalado, seconded by Commissioner
Gort. All those in favor, say aye.
112 February 24, 1998
The following motion was introduced by Commissioner
Regalado, who moved its adoption:
MOTION NO. 98-209
A MOTION APPOINTING ANGEL GONZALEZ AS A REGULAR MEMBER OF
THE CODE ENFORCEMENT BOARD; FURTHER APPOINTING ROSE PUJOL AS
AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD.
(NOTE FOR THE RECORD: Angel Gonzalez was nominated by
Chairman Hernandez as a regular member. Rose Pujol was
nominated by Commissioner Regalado as an alternate member
for an at -large seat. The essence of this motion is
incorporated into Resolution 98-210.)
Upon being seconded by Commissioner Gort, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
VICE CHAIRMAN TEELE: Mr. Chairman, are there any more at
large appointments vacant?
CHAIRMAN HERNANDEZ: There are two at large for alternates.
Two more.
VICE CHAIRMAN TEELE: Are they advertised and can be
appointed today?
CHAIRMAN HERNANDEZ: They have to be advertised, correct?
CITY CLERK WALTER FOEMAN: No, they can be appointed today.
CHAIRMAN HERNANDEZ: No. Do it.
VICE CHAIRMAN TEELE: I would appoint Jacques Despinose as a
regular member to replace Mr. Sweat.
113 February 24, 1998
CHAIRMAN HERNANDEZ: There is a motion on the floor by Vice
Chairman Teele to appoint Mr. Despinose.
COMMISSIONER PLUMMER: Second.
CHAIRMAN HERNANDEZ: All those in favor say aye.
The following resolution was introduced by Vice Chairman
Teele, who moved its adoption:
RESOLUTION NO. 98-210
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS A
REGULAR MEMBER AND AS AN ALTERNATE MEMBER OF THE CODE
ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN.
Upon being seconded by Commissioner Plummer, the resolution
was passed and adopted by the following votes:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
CHAIRMAN HERNANDEZ: Any appointments as alternates at this
point in time by the Commission?
COMMISSIONER PLUMMER: Defer to the next meeting.
CHAIRMAN HERNANDEZ: Motion to defer. Is there a second?
COMMISSIONER GORT: Second.
MR. WYSONG: Mr. Chairman, could I clarify something? The
appointment, Rose Pujol, was there a vacant regular seat?
CITY CLERK WALTER FOEMAN: Her term expired.
MR. WYSONG: Her term expired, but she was replaced by Angel
Gonzalez?
114 February 24, 1998
CHAIRMAN HERNANDEZ: And she is now being appointed on the
Commission at large.
MR. WYSONG: But that would be an alternate member, because
there were no regular member slots available.
CITY CLERK WALTER FOEMAN: That's correct. When you moved
Angel Gonzalez, prior to that, he was serving as an
alternate. So, we moved him in a regular slot, that still
left one alternate slot open.
CHAIRMAN HERNANDEZ: Okay.
COMMISSIONER PLUMMER: Mr. Chairman, as you know, I've had a
long outstanding, vocal problem with code enforcement.
Still do.
CHAIRMAN HERNANDEZ: Yeah.
COMMISSIONER PLUMMER: I would like once again, now that we
understand fully the financial problem that we're into, tell
me, Mr. City Attorney, how many hundreds of millions of
dollars has the fines been levied by the Code Enforcement?
MR. WYSONG: I can't give you --
COMMISSIONER PLUMMER: Is it in excess of hundred million?
MR. WYSONG: Right around that number.
COMMISSIONER PLUMMER: A hundred million in excess. We
spend a million dollars ($1,000,000) a year in code
enforcement; and every time I tune into that soap opera, the
fine imposed is reduced down to like peanuts. I saw a
$40,000 fine imposed; the City, City attorney, yourself,
recommended that the board reduce it to 29,000 and then the
board turned around and reduced it to 2500, I think it was.
Do you think that that was any deterrent to the future?
What I would like to recommend, once again, we have a lot of
hungry attorneys in the City of Miami. That we consider a
process that, in fact, we turn over cases for collection to
private attorneys on a contingency basis. We are absolutely
-- we're being laughed at in code enforcement. It means
nothing. Because they know if they get caught they're given
six months, twelve months, eighteen months to correct a
broken water pipe.
So, I'm saying that we need to revamp what we're doing. I
would hope that we would come back with a process,
115 February 24, 1998
recommended by the City Manager and the City Attorney to
say, hey, we can turn these over to private attorneys on a
contingency. They collect, they get something; they don't
collect, they get nothing. I would move at this time to ask
the two of them to come back as early as possible but no
later than the thirty days with a recommendation to this
Commission. I so move.
VICE CHAIRMAN TEELE: Second the motion.
CHAIRMAN HERNANDEZ: Motion by Commissioner Plummer,
seconded by Vice Chairman Teele.
VICE CHAIRMAN TEELE: Under discussion?
CHAIRMAN HERNANDEZ: Under discussion.
VICE CHAIRMAN TEELE: Mr. Chairman, who is the attorney for
Code Enforcement Board?
CHAIRMAN HERNANDEZ: Mr. Wysong.
MR. WYSONG: Right here, sir.
CHAIRMAN HERNANDEZ: He's sitting right here.
VICE CHAIRMAN TEELE: Let me understand now. Why does a
lawyer make a recommendation on a policy matter to the
board?
COMMISSIONER PLUMMER: Only code enforcement can a lawyer --
can the law department do it.
MR. WYSONG: Right. Pursuant to the code. Actually, now,
previously, I was able to --
VICE CHAIRMAN TEELE: No, just in just -- don't confuse me.
Just answer the question, and then tell me anything you want
to tell me.
MR. WYSONG: Pursuant to the code I'm authorized to offer a
settlement amount to the code enforcement.
VICE CHAIRMAN TEELE: Are you required to make a
recommendation?
MR. WYSONG: No, I'm not required to.
VICE CHAIRMAN TEELE: Is there any way we can tie the
116 February 24, 1998
recommendations of the settlement amount to a pro rata
reduction in the City Attorney's budget?
COMMISSIONER PLUMMER: Oh-ho. I like that one.
VICE CHAIRMAN TEELE: That would be totally inappropriate.
But let me tell you something. The point that I'm trying to
make is, we either are broke or our budget is balanced. And
it's fine to be magnanimous. But I don't think an attorney
-- I think that's a policy matter. And if they are offering
to settle and you and the client or you and the defendant
have an agreement, that's one thing. If you agree to 29,000
from 40,000 and they agree, that's one thing. But if they
don't agree with that, I don't think you should be making a
recommendation. Because in the scenario that Commissioner
Plummer just gave us, you're recommending 29 and they're
walking away with five.
COMMISSIONER PLUMMER: Or less.
VICE CHAIRMAN TEELE: Or less.
COMMISSIONER PLUMMER: Mr. Teele, if I may, there was a
policy set by this Commission and it is still the policy, as
far as I know.
CHAIRMAN HERNANDEZ: Fifteen percent.
COMMISSIONER PLUMMER: The fine is levied, in the first
month they can only reduce it down to twenty percent?
CHAIRMAN HERNANDEZ: 15.
MR. WYSONG: 25.
COMMISSIONER PLUMMER: Fifteen -- whatever it is. Second
month, ten percent less; third month, ten percent less. The
fourth month, every month it's ten percent less that they
cannot depreciate the loan or the fine. But on the fourth
month, it's automatic foreclosure. Okay?
What our problem is, let me tell you the joke here. You
have some of the liens that are five times the value of the
piece of property that's involved. And that's simply
because they give them six months, nine months and a year to
correct the problem. At $250 a day. So that's why I'm
asking procedures to be codified, to be changed, and let's
make them with some clout.
117 February 24, 1998
I have one other question that I wish to ask, Mr. City
Manager, Mr. City Attorney. It is my understanding that any
construction of any kind in the City of Miami, must have a
visible permit from the street. If not, how much is the
fine? How much?
MR. WYSONG: Fifty dollars ($50.00).
COMMISSIONER PLUMMER: Fifty dollars ($50.00). Mr. City
Manager, I have traveled down the streets all of the time.
So does my police department; so do the Net inspectors, so
do the sanitation inspectors. I want to tell you there is a
wealth of money. You know why a lot of times the signs
aren't there? Guess why. They don't have a permit. That's
why there's no permit showing.
I think it behooves that the police department, the Net
inspectors, anyone in this City who drives down the street
and sees construction in excess of $500, is that what the
rule is? Which you can't do anything today for less than
$500. You can't paint your house for that. Mr. City
Manager, I think the police department would like to make
sure that -- I guarantee you that they can bring in tomorrow
3, 400. But when I see police cars, don't pick on them. I
see inspectors, sanitation, whatever else, drive down the
street, drive right by a house that's got construction. He
might have the permit but it's not out visible from the
street, which is mandated by law. Now, why should I have to
go watch that as a Commissioner?
CITY MANAGER GARCIA-PEDROSA: Sir, you shouldn't. Let me,
without disagreeing for one moment with what you're saying.
I, too, have taken those trips. One of the problems we run
into is the following. They do have a permit, but they
don't display it because it gets stolen. Or defaced or
ripped up. The other problem that I also have encountered
personally doing the same thing you're doing. I won't
disagree with you at all. I think we have a source of
revenue there to tap. Is that they have a permit to do X
and they do three times that.
VICE CHAIRMAN TEELE: And they do Y.
CITY MANAGER GARCIA-PEDROSA: They do Y. Which means that
unless we use the code enforcement inspectors, we would have
to have people like police determining whether it's a proper
or improper use of a permit.
COMMISSIONER PLUMMER: Mr. Manager, if I drive by Boom
118 February 24, 1998
Boom's house and I see him putting in a new swimming pool
and there's no permit out there and I turn in the address to
you, I would assume common sense says you're going to look
up that address and see if there is a permit. And if there
is a permit, then you'll just cite him for not having it
visible. If there is no permit, code enforcement, baby.
I'm telling you, there are literally hundreds that are out
there that permits are not visible. The only way you're
going to know is to actually ask the people whose revenue,
whose income depends on it, that they do it. I'll show you
two houses in Morningside right now, that have got roofs
being put on that have no permits.
VICE CHAIRMAN TEELE: Mr. Chairman, on the motion, I would
only add, clarify to the City Attorney in respect. Mr.
Attorney, City Attorney, I really do think the City Attorney
should make recommendations to settle, but I think it should
be only when you have an agreement. And I don't think you
should let them use your office to make a better deal for
them to come behind you and appeal it. So, I would hope
that settlement offers, with the attorney's office, I would
encourage to be aggressive, should be provided. There is an
agreement. Otherwise, they're setting you up.
CHAIRMAN HERNANDEZ: Vice Chairman Teele, if I may get
involved in this. I sat in that same chair five years ago
and I remember Commissioner Plummer having these same
arguments five, six years ago. Code enforcement process is
doing everything it can, and I have to protect and defend
the Law Department for this because the fines are just
totally out of whack. We have homes that are worth $50,000
with $125,000 fines. They're going to go mitigate these
damages, regardless of whether he gives them a settlement
offer or not. We need to go into a system like we did, by
amending the ordinance, went into a ticketing process like
the County does, where there is a cap set. When it got to
$10,000, the fines just completely stopped and we brought
it, we either foreclosed or brought it before the Code
Enforcement Board. What we can't have is these fines just
running way out of balance. 100, 200, $300,000, fines on
homes worth $50,000 dollars. We can't expect the City
Attorney to try to collect 15 percent of that fine. It's
just ludicrous to have someone pay $100,000 on a fifty
thousand dollar ($50,000) home.
COMMISSIONER PLUMMER: Set the cap at the value of the home
at the time it's sold.
VICE CHAIRMAN TEELE: Got to give the person an inducement.
119 February 24, 1998
It's got to be the value less some amount.
CHAIRMAN HERNANDEZ: The inducement is that the policy that
we set, and that was not part of this, that we have given
... them the authority to not settle for anything less than
fifteen percent. If you have a $150,000 fine, that's
$15,000 on a property worth more or less 40-50,000 dollars.
COMMISSIONER PLUMMER: Yeah, but the man knows that at the
time he wants to sell, that there is a 100 percent
assessment in a lien against that house. I think he'll do
something before it reaches the assessed value.
VICE CHAIRMAN TEELE: What's the value of the outstanding
amount of lien?
COMMISSIONER PLUMMER: Over 100 million dollars
($100,000,000). It's a joke.
VICE CHAIRMAN TEELE: But.
MR. GONZALEZ: It's no joke.
VICE CHAIRMAN TEELE: It makes us look stupid. That's not
good legislation.
CHAIRMAN HERNANDEZ: It isn't.
VICE CHAIRMAN TEELE: It's really not. I understand now why
the attorney's office is doing this, in light of what the
Chairman has just explained. But it reflects not on the
Chairman's -- on the City Attorney's office now, it reflects
on this Commission, because we're the only ones that can
solve the problem. And we're making ourselves look like a
joke. And it's sort of like, you know, if you know you're
going to get fussed at or spanked long enough, you just do
like a lot of kids do, and I did. You say, well I'm going
to get it. So I may as well enjoy myself and go home and get
it. So why don't we hold an amnesty; why don't we ask the
Manager, the attorneys, to come back here in the next thirty
days and give us a recommendation for an amnesty.
CHAIRMAN HERNANDEZ: I have been working on that.
VICE CHAIRMAN TEELE: I yield.
CHAIRMAN HERNANDEZ: I've been working on that, and I tell
you this much. I've been working on an ordinance for some
time now, creating some type of period where people can
120 February 24, 1998
comply. Because this statute, which is what, 162, is it?
Chapter 162 Florida Statute is not a money -creating statute.
It's one that really calls for compliance. Now, let's force
the people, let's give them an opportunity to comply, bring
their property under compliance and then we'll deal with the
fine and work with a fine that obviously, is realistic and
not unrealistic. And I think if we-- let me tell you
something. The City of Hialeah did this and much to Mayor
Martinez' credit, it works, people loved it.
They were given an opportunity to come in, comply, which is
what the statute calls for. That's all we're interested in.
At that point, either we levy some type of minor fine or
just let them walk if they comply within that certain time
period. But we have to give -- the majority of the people
who are in violation, again, are the poorest neighborhoods.
It's not rich folks who are in the major violations except
someone -- the guy that breeds rabbits out there in that
island.
COMMISSIONER PLUMMER: But you know, the problem is, is the
fact, yes, it's for code compliance. But let me tell you
something. The $300,000 fine is $300,000 because the guy is
thumbing his nose at you and saying the hell with you. I'm
not going to pay it. Come take and do whatever you want;
and you're not getting any fine and you're not getting any
compliance.
CHAIRMAN HERNANDEZ: I'll tell you what, Commissioner
Plummer. I'm going to work with the City Attorney's Office,
Mr. Wysong and the Manager to bring about an ordinance, to
work about, number one, an amnesty period and see how we can
bring this to its end. And number two, I think we have to
revamp, one way or another, what we're going to do with
these fines that were just running completely out of
control.
COMMISSIONER PLUMMER: The Chief wanted to be heard.
CHIEF WARSHAW: Just to share with you, the remote digital
computers that are now being installed in all police care,
we have developed the capability that will be on line within
the next six months, where police officers who observe
illegal construction, illegal kinds of trash piles,
abandoned vehicles in front of houses, will be able through
an MDC to type that information on line, go directly into
the Net officers and the Net administrators will then have
that as an arm of enforcement. So while the police officers
themselves won't be involved in issuing citations, they're
121 February 24, 1998
the eyes and ears out there, certainly will be able to
transmit that information. That capability is a few months
away.
COMMISSIONER PLUMMER: Don, that's great, but in six months,
the way we're going, the Governor is going to be running
this City.
I'm saying now, the Police Department is out there,
supposedly designed to travel on every street every day.
Doesn't happen and we know that. But as they drive down the
street, they can make notations of where they see
construction going on and report it to the Building
Department, because there is no building permit visible from
the street. The worst that happens to you is they get a
fifty dollar ($50.00) fine and maybe we get 2 to $3,000 in
permit fees.
CHAIRMAN HERNANDEZ: Thank you. Mr. Gonzalez-Goenaga?
MR. GONZALEZ-GOENAGA: Yes. Just a simple comment. Why
blame or try to speak this issue with the new City Manager,
with new Commissioners when Mr. Plummer, you have been here
27 years and you were not able, through Cesar Odio, to solve
the problems. The City Manager is not a magician.
COMMISSIONER PLUMMER: Sir, first and foremost of the -
MR. GONZALEZ-GOENAGA: I have said since 1990, governments
like trees, start to decay from the top down.
COMMISSIONER PLUMMER: If I may, since it was addressed to
me.
CHAIRMAN HERNANDEZ: Commissioner Plummer.
COMMISSIONER PLUMMER: First and foremost, I've been here 28
years. That's your first mistake. You're second mistake,
it was never an argument with Cesar Odio, it was always with
the City attorney. And your third mistake is you obviously
talk and don't listen because every year I have brought up
this same subject matter, and I think the Chairman can
remember that he used to cringe when I brought it up every
year. So, in the future, Mr. Boniato, I would appreciate
that you would in fact do more listening than talking.
Thank you.
MR. GONZALEZ-GOENAGA: Well, I love to have more action than
talking.
122 February 24, 1998
COMMISSIONER PLUMMER: Thank you, sir.
CHAIRMAN HERNANDEZ: We have a motion on the floor and a
second. Can we take a vote, all those in favor, further
discussion by staff? All those in favor, say aye.
The following Motion was introduced by Commissioner Plumber,
who moved its adoption:
MOTION 98-211
A MOTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO
STUDY PROPOSAL TO TURN OVER ALL COLLECTION OF FINES IMPOSED
BY THE CODE ENFORCEMENT BOARD TO PRIVATE ATTORNEYS ON A
CONTINGENCY BASIS; FURTHER DIRECTING THE MANAGER AND THE
CITY ATTORNEY TO COME BACK WITH A RECOMMENDATION ON THIS
ISSUE NO LATER THAN 30 DAYS HENCE; FURTHER DIRECTING THE
CITY ATTORNEY TO RECOMMEND WHAT AMOUNTS WOULD BE CONSIDERED
REASONABLE FINES FOR CODE ENFORCEMENT VIOLATIONS.
Upon being seconded by Vice Chairman Teele, the motion was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
123 February 24, 1998
17. AUTHORIZE INCREASE IN FEES TO PROFESSIONAL SERVICES
AGREEMENT -- FOR COASTAL SYSTEMS INTERNATIONAL, INC. -- FOR
ADDITIONAL ENVIRONMENTAL PERMITTING AN INSPECTION SERVICE --
FOR DINNER KEY BOATYARD -MARINA DOCK PROJECT H-1088 --
ALLOCATE $53,000 FROM PROJECT 4184406 -- DIRECT CITY MANAGER
TO INCREASE PRIVATE SECTOR PARTICIPATION ON EVALUATION TEAM
FOR REQUEST FOR PROPOSALS FOR VIRRYCK GYM RESTORATION --
FURTHER REQUESTING TO DISCUSS SAID MATTER DURING SCHEDULED
MEETING OF MARCH 10, 1998.
CHAIRMAN HERNANDEZ: Item number 12. Reference to
authorizing an increase in fees. Mr. Manager?
MR. JIM KAY: Mr. Chairman, this is a resolution for an
increase in the scope of services. Additional scope of
services and increase in the contract for the consult anting
firm on the Dinner Key Boat Yard. The original contract --
COMMISSIONER PLUMMER: Are you talking about Merrill Stevens,
they're -- or behind us?
MR. KAY: The one that is under construction right now.
COMMISSIONER PLUMMER: Merrill Stevens?
MR. KAY: Merrill Stevens, yes, sir.
COMMISSIONER PLUMMER: And who did the original estimating
and why is it $53,000 more money? Because let me tell you
something, Jim. That, to me, if I was standing out there
and I had been one of the previous bidders, I'd call that
low -balling.
MR. KAY: Sir, let me explain. This was a professional
services agreement.
COMMISSIONER PLUMMER: I understand.
MR. KAY: It was for only for design and construction plans
and some permitting. That was all that was in the
agreement. Now that it's under construction, and by the
way, the agreement was for $74,000 dollars. The set of
construction plans for a $74,000, on a 2.3 million dollar
($2,300,000) project. That's only 3.2 percent of the
construction costs, which by industry standards, is a
bargain.
So now we're asking to increase these services by $53,000 in
124 February 24, 1998
order for the consultant to move forward and assist us in
the construction phase and do additional permitting work
required by the County.
COMMISSIONER PLUMMER: Was there another firm that bid on
this?
MR. KAY: There were other firms that had requested
proposals.
COMMISSIONER PLUMMER: You know, I just -- you're saying you
got the low bid and now that you got it, and you got your
foot in the door, we're going to give you more money.
Whereas it might have been if you had chosen number two
firm, that their total costs would have been less than
127, 5.
CITY MANAGER GARCIA-PEDROSA: They're saying something
different. They're saying we're giving you more work. And
therefore, more money.
MR. KAY: That's right.
CITY MANAGER GARCIA-PEDROSA: And also, I should point out
that these are all -- all FEMA reimbursement?
MR. KAY: Yes, sir, FEMA reimbursement.
CITY MANAGER GARCIA-PEDROSA: I think what has happened,
Commissioner Plummer is that the scope of services that
they're supposed to administered has been expanded, and
therefore, more work is to be performed.
COMMISSIONER PLUMMER: Okay. I just don't like the sudden
out of nowhere, we got to have fifty thousand dollars
($50,000) more than the original contract.
CITY MANAGER GARCIA-PEDROSA: Well, the scope of services,
you're absolutely right. The scope of services that was bid
or made the subject of the RFP should have been broader.
COMMISSIONER GORT: That's the name of the game.
COMMISSIONER PLUMMER: Is there any money of this in the
general fund?
MR. KAY: No, this is FEMA.
COMMISSIONER PLUMMER: I'll move item 12.
125 February 24, 1998
COMMISSIONER REGALADO: Before you go, Jim, do we have a
date for the completion of the Vinyck Gym restoration?
MR. KAY: I'll have to get back to you on the exact date of
that. For the phase one?
COMMISSIONER REGALADO: Phase one.
MR. KAY: Phase one. That's under construction. I believe
it's about another four to five months. Four more months,
but let me verify that.
COMMISSIONER PLUMMER: Where are we on the process of the
operation and manual? I had asked the Manager to make more
appointments from the private sector. I have not seen any
memo. Mr. Manager?
CITY MANAGER GARCIA-PEDROSA: For which RFP, sir?
COMMISSIONER PLUMMER: For the Virryck Gym operation,
whatever is going in there.
CITY MANAGER GARCIA-PEDROSA: I think we have that on the --
we have the Virryck Gym on the next agenda? On the March
10th agenda.
COMMISSIONER PLUMMER: Sir, I had asked you for an
evaluation committee to have more private sector in the
evaluation committee than what was there. You only had one
person from the private sector, who had a vested interest.
CITY MANAGER GARCIA-PEDROSA: That's correct.
COMMISSIONER PLUMMER: And I think you, you know, the
private sector are not dumb. They happen to balance their
books at the end of the year. So I guess, then, we're just
going to have to throw it out at that particular time.
COMMISSIONER REGALADO: Commissioner, I also have a problem,
because there is a parallel situation. The possibility of a
management agreement and at the same time, a consultant
being selected to decide what it's going to be there. So I
don't know what's --
CITY MANAGER GARCIA-PEDROSA: Well, what I discovered,
Commissioner Regalado and Commissioner Plummer is that,
apparently there were some conflicting directions given to
the administration over the past few months on this issue.
On the one hand, we were supposed to negotiate a management
126 February 24, 1998
agreement; on the other hand, we were supposed to do a
design or use -- a competition to design the proper use of
the facility. Because those are somewhat at odds with each
other, what I think we have coming up the 10th is a
discussion item which seeks the Commission's direction as to
which way with you want us to go.
COMMISSIONER REGALADO: But the consultants have not been
chosen yet, have they?
CITY MANAGER GARCIA-PEDROSA: That's correct. That's what
Commissioner Plummer is inquiring into, with respect to the
composition of the evaluation.
COMMISSIONER PLUMMER: All right. It's just the idea that I
think that we need a balance on these recommendation
committees of the private sector who have very, very good
expertise as well as the internal, or administrative people.
We did have at one time, a policy that said, in fact,
whatever the composition of the committee was, it had to be
one more of the private sector than in-house.
CITY MANAGER GARCIA-PEDROSA: I'm committed to that,
Commissioner Plummer, but there is some provision in the
case of professional services, I think it is of the
ordinance, that defines the composition of some of these.
COMMISSIONER PLUMMER: That's fine. Okay. But again, in
this particular case, I guess my concern was that all in
house and the only private sector was in fact a person who
is one of the bidders. Okay?
CITY MANAGER GARCIA-PEDROSA: You're absolutely right.
COMMISSIONER PLUMMER: Okay. I would like to bring out, if
I could, Mr. Chairman, I want to tell you why, in my
opinion, this City has a lot of major problems. Ready for
this one? We have been around here for how long now?
Talking about the Tower Theater? How long? Long time?
COMMISSIONER GORT: Ten, fifteen years.
COMMISSIONER PLUMMER: Ten, fifteen years. All of you
receive this book today? This is just to operate. I want
you to look at all of this which is the RFP (Request for
Proposal) for a management agreement.
Now, I don't know what it costs to put this thing together,
but let me tell you something, you know what this kind of a
127 February 24, 1998
document says to me? We want you to bid but we're going to
make damn sure you fail. I mean, this is ridiculous.
Imagine what this thing cost us to put together, just to put
together for a management contract. I haven't had time to
read it, but I guarantee you it's a hell of a lot more than
what we need.
CHAIRMAN HERNANDEZ: Is there a motion on item 12?
COMMISSIONER GORT: Move it.
CHAIRMAN HERNANDEZ: Moved by Commissioner Gort.
VICE CHAIRMAN TEELE: Second.
CHAIRMAN HERNANDEZ: Second by Commissioner Teele.
Discussion?
COMMISSIONER PLUMMER: Mr. Teele, you were the one on this
subject, was the one who told me that the only way to
rectify this problem was to go back out to a bidding. I
concurred with you at the time. You are in the finance end
of the committee.
I'm ready to vote against this extension and put it back out
to bidding as you recommended because of what they did to
this City in trying to put together a package for $30,000.
CITY MANAGER GARCIA-PEDROSA: Wait. This is this 13 or 12?
CHAIRMAN HERNANDEZ: Talking about being item 12.
CITY MANAGER GARCIA-PEDROSA: That's him.
COMMISSIONER PLUMMER: I am talking about being Pete -- I'm
sorry, I stand corrected.
CHAIRMAN HERNANDEZ: Please. 12.
COMMISSIONER REGALADO: I got a question on the Tower.
CHAIRMAN HERNANDEZ: What's the Tower have to do with any of
this?
COMMISSIONER PLUMMER: I was only try trying to show you the
objections.
CHAIRMAN HERNANDEZ: Let's vote on item 12 and then we'll
128 February 24, 1998
discuss the Tower Theater for a minute. Item 12, we have a
motion by Commissioner Plummer, seconded by Vice Chair
Teele. Any further discussion? All those in favor, say
aye.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION 98-212
A RESOLUTION AUTHORIZING AN INCREASE IN FEES, NOT TO EXCEED
$53,000 (FROM $74,500 TO $127,500) TO THE PROFESSIONAL
SERVICES AGREEMENT (PSA) BETWEEN THE CITY OF MIAMI AND
COASTAL SYSTEMS INTERNATIONAL, INC., FOR THE PROVISION OF
ADDITIONAL ENVIRONMENTAL PERMITTING AND STRUCTURAL
INSPECTION SERVICES REQUIRED DURING CONSTRUCTION FOR THE
"DINNER KEY BOATYARD - MARINA DOCK PROJECT H-1088"
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 418406 AS
APPROPRIATED BY FISCAL YEAR 1995-1996 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO SAID PSA, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE SAID INCREASE.
(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
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
CHAIRMAN HERNANDEZ: All those against? There are no nays.
Commissioner Regalado?
COMMISSIONER REGALADO: Brief question. We were promised,
Mr. Manager, to have a date certain for the completion of
the Tower Theater.
CITY MANAGER GARCIA-PEDROSA: Let me find the Public Works
129 February 24, 1998
Director.
18. DISCUSS WITHDRAWAL OF AGENDA ITEMS 13 (PROFESSIONAL
SERVICES AGREEMENT WITH KPMG PEAT MARWICK LLP) AND 14
(BENEFITS FOR CITY MANAGER'S STAFF) -- FURTHER REQUEST
REPORT ON MONIES PAID TO KPMG PEAT MARWICK LLP.
CHAIRMAN HERNANDEZ: Okay. While we wait. Item 13 and 14
have been withdrawn. We moved on --
COMMISSIONER PLUMMER: Whoa, whoa, whoa, whoa, wait. I
would like to ask the reason why.
CITY MANAGER GARCIA-PEDROSA: On item 13, Commissioner
Plummer, the amount of money that is being proposed to be
charged the City and the scope of services, is not exactly
the way I had understood it. And I spoke with the
engagement partner, and he agrees that we need to discuss
this further.
COMMISSIONER PLUMMER: No, no, no, no. I may be -- unless I
read Commissioner Teele wrong, we might want to save you
some time. That is to tell you to prepare a new RFP. But I
don't like what these people did to us and I don't know why
anybody else should sit up here and take any less light to
the fact that you do a little thing that we ask them to do
as a favor, they wanted to charge us $30,000.
CITY MANAGER GARCIA-PEDROSA: Let me respond.
VICE CHAIRMAN TEELE: Mr. Manager, if I may respond and I'll
yield to you. Look, I wasn't here when KPMG was selected.
They've never done any accounting work for me or any of my
companies, to my knowledge. I couldn't afford them, I'm
sure.
But they are one of the world famous accounting firms. We
are in a litigation right now with our past accounting firm.
I'm very interested in the City being the kind of stable
governmental body that enters into a contract and receives
value and pays. When you were discussing this matter, you
led me to believe, because you have been here and you were
here, that KPMG was a month to month, annual contract. It'
my understanding subsequent, that the KPMG has a three year
contract with the City. Is that correct, Mr. Attorney?
130 February 24, 1998
MR. MAXWELL (INTERIM CITY ATTORNEY): My understanding is
that's correct, as well.
VICE CHAIRMAN TEELE: Mr. Manager, I think your Assistant
Manager of Finances has been up to date on this, because I
took Commissioner Plummer seriously and I said, if this is
the case, then I'm prepared to rebid their contract. It's
not the case, Commissioner. They have a three-year
contract. The work that is under debate and discussion,
quite frankly, is work that any other accounting firm could
do. The issue here has nothing to do with the external
auditing service. It has to do with the consulting side of
the house that is providing, I guess we would call it
organizational effectiveness, but a strategic review as
mandated by the Governor's Oversight Board. They have done
this as a convenience for us.
If you want to get another accounting firm to do it, I don't
have a problem with that on the consulting aspect. They've
done, I assume, a credible job for the Public Works
Department. It's a very impressive document. It's a
bottoms -up review. It's something the City should have done
five years ago, seven years ago, perhaps. But the fact of
the matter is, in today's financial world, and this is the
only thing, Mr. Manager, you need to weigh in, the only
thing that got this City through the Financial Control
Board's recommendation by their public finance group, their
financial advisor, was the Chairman of the Board, who is a
very distinguished accountant -- I mean a very distinguished
financial person, a Bank CEO (Chief Executive Officer), Mr.
Adolfo Henriques, who was very much tempted to vote to hold
us out of compliance.
The Manager eloquently fell on the sword and committed that
we would do the strategic reports, the strategic reviews,
department by department, which I think is something we
should have done. And the only reason that we're moving
forward today as a City is because that commitment was made.
Now, there was no commitment that KPMG would do it, but
since they're in here, since they're reviewing our City, the
department by department, the logical thing to do would be
to let that firm move forward with that. That is a
different scope of work. It is not an accounting scope; it
is a consultant scope. The only issue that has come to
light subsequent to that discussion has been the whole issue
of the legal department in light of the City Commission
determination to -- not to renew the contract of the City
Attorney; and the Clerk's Office, which is, has sort of
131 February 24, 1998
been, you know, twelve people that's been out in a little
bit of an orbit, because it really doesn't -- it's not under
the Manager, so to speak.
We requested KPMG as a part of the overall legal review, to
go in and do a detailed review of the Law Department. I
read in "The Miami Today", that you said we have studied the
Law Department enough. The fact of the matter is we haven't
studied the law department one time. The Oversight Board
studied them once. Commissioner Gort, using volunteers, we
haven't paid one dollar ($1.00) to my knowledge, for any
study. This is the only review that is being done and this
review is required by the Oversight Board. And so the
additional 30,000 dollars ($30,000) or so, max --
CITY MANAGER GARCIA-PEDROSA: Fifty.
VICE CHAIRMAN TEELE: Fifty thousand dollars ($50,000) was a
scope of work based upon the idea of getting the Law
Department fast tracked along with the Clerk's Office, so
that when we got ready hire a City Attorney which we will be
doing in the next two, three weeks, if anybody will dare
come to the City now after today, the fact is, is that we
owe it to the Law Department to give them a strategic review
as we've done with Public Works and other departments. I am
not in favor of keeping KPMG. I'm not opposed to removing
them. The only thing I say is, I am in favor of us living
up to our contractual obligations because we're not going to
have any kind of reputation even with local vendors.
I would ask you to take under advisement, that we're suing
an accounting firm. And I got to tell you something, when
you start suing doctors, and lawyers, and accounting firms,
please note that the next doctor, lawyer and accountant is
going to take that in mind and I got to tell you something,
if you go out with a bid right now, I'm not sure how many
big eights are going to be rushing here to do this on a low
bid basis.
COMMISSIONER GORT: Mr. Chairman?
CHAIRMAN HERNANDEZ: Commissioner Gort?
COMMISSIONER GORT: Commissioner Teele, in 1994, I wanted to
do something very, very similar. We wanted to do an audit,
performance audit of each department. I had people from the
University of Miami Accounting School. A lot of the big six
CPA's and a price tag to that do that was anywhere from
$600,000 dollars to 800, $900. If we had done that in 194,
132 February 24, 1998
maybe we wouldn't have that problem today. I think the
Manager wants to pull this item now because he wants to get
a better deal. Should let him pull it and bring it back
next meeting.
COMMISSIONER PLUMMER: That's fine. I would like the
following. I would like a copy of their contract; I would
like a copy of all of the monies that KPMG have received in
the past twenty-four months. My concern, again, the item
before was an increase of $55,000. This is an increase of
$50,000. And I'm seeing more and more of either poor
planning, poor projecting, or whatever, that we just
constantly are having to up, which gives the effect of low
ball when we make the awards.
CHAIRMAN HERNANDEZ: Item --
VICE CHAIRMAN TEELE: With all due respect, Mr. Chairman, I
would respectfully urge that we move forward with the KPMG
thing. We keep going back.
CITY MANAGER GARCIA-PEDROSA: I'm withdrawing.
COMMISSIONER PLUMMER: He withdrew it.
VICE CHAIRMAN TEELE: Fine.
CITY MANAGER GARCIA-PEDROSA: Make clear the. I don't
disagree we should go forward.
VICE CHAIRMAN TEELE: Would you allow it to be deferred
until Monday, the --
CHAIRMAN HERNANDEZ: Special meeting?
CITY MANAGER GARCIA-PEDROSA: Or Mr. Rodriguez before that.
He wants to meet with me and I want to meet with him on
this.
VICE CHAIRMAN TEELE: That's fine.
CHAIRMAN HERNANDEZ: Item 13 was removed by the Manager;
item 14 was also withdrawn.
133 February 24, 1998
19. DISCUSS/ DEFER CONSIDERATION OF AGENDA ITEM 15
(PROPOSED ORDINANCE TO AMEND CODE FOR PENSION BENEFITS FOR
MAYOR'S CHIEF OF STAFF AND ASSISTANT TO CITY MANAGER) TO
SCHEDULED MEETING OF APRIL 14, 1998.
CHAIRMAN HERNANDEZ: Can we move on to item 15, which is
reference to what's continued by February loth meeting.
CITY MANAGER GARCIA-PEDROSA: Yes, sir. This is an
ordinance on first reading, to permit the -- creating a
401(a) retirement plan for the Assistant City Manager,
Special Assistant City Managers and Mayor's Chief of Staff.
COMMISSIONER PLUMMER: I thought this was pulled.
VICE CHAIRMAN TEELE: I thought the Mayor asked this be
withdrawn.
CITY MANAGER GARCIA-PEDROSA: That was 14. That was the
benefits of those three individuals.
COMMISSIONER PLUMMER: What does this do?
CITY MANAGER GARCIA-PEDROSA: This establishes a new 401(k),
as I understand, for those individuals. 401(a), I'm sorry.
CHAIRMAN HERNANDEZ: To participate in; right?
COMMISSIONER PLUMMER: I've got a problem.
CITY MANAGER GARCIA-PEDROSA: You haven't been asked to fund
it.
COMMISSIONER PLUMMER: No, no, no. Let me tell you
something. My problem as I explained to you yesterday, is
the Chief of Staff of the Mayor. Why would the Chief of
Staff of the Mayor and not the rest of our Chief of Staffs
be entitled to the same? And I don't think this City can
afford it. Now, that's all I'm saying. Now, I have no
problem with coming up with a compensation package for the
administration and we set that by budget. But as far as
Chief of Staffs, is it next going to be administrative
assistants and on down the line? I'm not even prepared, nor
would I vote to give my own chief of staff this kind of a
privilege. And I don't think it should be extended to
anyone else. We have extended everything to the Mayor that
he has asked for, I think we've been very beneficial in this
particular case. I think his Chief of Staff is making
134 February 24, 1998
$75,000; am I correct? Plus benefits.
CITY MANAGER GARCIA-PEDROSA: 70.
COMMISSIONER PLUMMER: Seventy something.
CITY MANAGER GARCIA-PEDROSA: Seventy-four, seventy-five.
COMMISSIONER PLUMMER: I'm just saying to you, my particular
vote, it's not personal with Mr. Alvarez. It's just that
this City can't afford it. Period, amen, I will be a
negative vote on the issue because of that portion of the
issue.
VICE CHAIRMAN TEELE: Is the City Attorney's Office covered
under this?
MR. MAXWELL (INTERIM CITY ATTORNEY): No, sir.
VICE CHAIRMAN TEELE: Is the City Clerk's Office?
COMMISSIONER PLUMMER: No. I move that it be deferred.
CHAIRMAN HERNANDEZ: Only the Mayor' Chief of Staff and City
Managers.
COMMISSIONER PLUMMER: Move it be deferred.
VICE CHAIRMAN TEELE: Unless you all have a legislative
budget office here, everything is going to be driven, with
all due respect, the way it was by the old form of
government by, City Manager. There is nobody here to speak
up for the Attorney's Office. There is nobody to speak up
for the Clerk's Office. And we got to be fair with
everybody across the board on this thing, I think.
COMMISSIONER PLUMMER: I move the item be deferred.
COMMISSIONER GORT: Second.
CHAIRMAN HERNANDEZ: Motion.
MR. MAXWELL (INTERIM CITY ATTORNEY): To a date certain or -
COMMISSIONER PLUMMER: Fine. Date certain, 1999.
MR. MAXWELL (INTERIM CITY ATTORNEY):
item?
So, just with draw the
135 February 24, 1998
COMMISSIONER PLUMMER: You want a date certain, let's talk
about it again April 14th? That's a date certain.
CITY MANAGER GARCIA-PEDROSA: Do you want to do the
individuals other than the chief of staff?
COMMISSIONER PLUMMER: No, not until we balance our budget.
I'm with Art Teele. Let me tell you something, I am not
voting for anything in the general fund until we balance our
budget.
MR. MAXWELL (INTERIM CITY ATTORNEY): Continued until April
14th.
COMMISSIONER PLUMMER: Yes, sir. Excuse me. Those are
friends of mine and we can make it retroactive on anything
we want to have to do or we're going to do.
CITY MANAGER GARCIA-PEDROSA: Without getting into it, the
reason for this legislation is that we do have a 401(a) plan
but I can't open it back upright now for legal reasons.
COMMISSIONER PLUMMER: You'll have to tell me why.
CITY MANAGER GARCIA-PEDROSA: Okay.
COMMISSIONER PLUMMER: If we would could always reconsider
and bring it up earlier, but say we're giving you sixty
days.
CHAIRMAN HERNANDEZ: Commissioner Plummer?
COMMISSIONER PLUMMER: Sir, I move to defer.
COMMISSIONER GORT: Second.
COMMISSIONER PLUMMER: It was seconded.
CHAIRMAN HERNANDEZ: Date certain?
COMMISSIONER PLUMMER: Yes, April 14th.
CHAIRMAN HERNANDEZ: We a have a motion by Commissioner
Plummer to defer the assignment to a date certain, April 14,
1998, seconded by Commissioner Gort. Further discussion?
Hearing none, all those in favor, say aye.
136 February 24, 1998
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION 98-213
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NO. 15
(PROPOSED ORDINANCE TO AMEND THE CODE RELATED TO THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST IN CONNECTION WITH PENSION BENEFITS FOR
MAYOR'S CHIEF OF STAFF, ASSISTANT CITY MANAGERS AND SPECIAL
ASSISTANTS TO THE CITY MANAGER) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR APRIL 14, 1998.
Upon being seconded by Commissioner Gort, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur Teele, Jr.
20. A. COMMENTS ON FUNDING FOR INTERNATIONAL TRADE BOARD.
B. DISCUSS ANNUAL REPORTS OF CITY BOARDS AND
COMMITTEES -- SCHEDULE FOR DISCUSSION DURING MEETING OF
MARCH 10, 1998.
CHAIRMAN HERNANDEZ: Item 16 withdrawn. Item 17 concerning
annual reports, City boards and committees.
COMMISSIONER PLUMMER: What are we on, 17 or 18?
CHAIRMAN HERNANDEZ: 17.
COMMISSIONER PLUMMER: What's the concern?
COMMISSIONER PLUMMER: I have surrendered mine to Bayfront
Park. I think all of you had the opportunity to read it.
If there's any questions. I have not surrendered anything
with reference to the International Trade Board because I
have no money. MSEA (Miami Sports & Exhibition Authority)
137 February 24, 1998
hasn't given it to me. The City Manager hasn't given it to
me, which was the instructions of this City Commission, that
one of the two would fund it by the beginning of March. I
still have no money. So I can't give you a report. And I
guess really, it would be in effect, I would be asking why
haven't you lived up to your promise, Mr. Manager?
COMMISSIONER PLUMMER: You promised money by the first of
March.
CITY MANAGER GARCIA-PEDROSA: We're not there yet. Give me
a chance. I don't know the answer right now but let me get
back to you.
COMMISSIONER PLUMMER: That would be fine, sir. Just
holding you to your promise. You promised March 1st for the
funding.
COMMISSIONER PLUMMER: March lst.
MS. CHRISTINA CUERVO: We're meeting with ITB (International
Trade Board) March, I believe, 51h. We're sitting down with
George going through the budget on March 15" and
identifying --.
COMMISSIONER PLUMMER: You don't have that prerogative at
this point. The City Commission told you 150,000 dollars.
Either it comes from MSEA (Miami Sports and Exhibition
Authority), and if that was not possible, that it would come
from the City Commission or City administration. You can't
go over a budget and telling me as Chairman what I'm going
to be able to do if I've got to tell you, each and every
item which I can't do. Right now, I can't tell you anything
because I don't have any money for three months.
MS. CUERVO: Cristina Cuervo.
COMMISSIONER PLUMMER: And who do you work for?
MS. CUERVO: I work for the manager -- Commissioner Plummer
at the last commission meeting we allocated funds to carry
ITB (Internal Trade Board) through the end of March. So that
we could sit down at the beginning of March and come back
the first meeting of March and identify to you --
COMMISSIONER PLUMMER: All right. I'll hold you to that
one.
MS. CUERVO: You did give the Manager authority to identify
138 February 24, 1998
the funding and that would have to come back and get
approval from you.
COMMISSIONER PLUMMER: Fine. Mr. Chairman, I do have a
pocket item which I believe relates at any time you so wish
in relation to Bayfront Park.
CHAIRMAN HERNANDEZ: We'll be doing that at the end of the
regular agenda.
COMMISSIONER PLUMMER: That will be fine, sir.
CHAIRMAN HERNANDEZ: I have a question. Where are the rest
of the annual reports?
COMMISSIONER PLUMMER: Mine are in.
COMMISSIONER GORT: Not due until March loth
CHAIRMAN HERNANDEZ: March loth?
MS. CUERVO: The chairpersons, by the person of the code,
the reports have to be submitted and presented to you by the
Manager and the Chairman of each committee comes back March
loth and makes an oral presentation to you on March 10th.
So, we will schedule it as a discussion item.
COMMISSIONER PLUMMER: For my information, if I may. Mr.
Manager, you're not looking for me as liaison to the
Consortium to make a report, were you?
CITY MANAGER GARCIA-PEDROSA: No.
COMMISSIONER PLUMMER: Good. Because Gwenn is now back to
work, thank god. She has come through her surgery well,
We're pleased to have her back but you're not looking for a
report?
MS. CUERVO: From, only these boards and these committees
are required to report. They report every four years, and
there's a schedule in the code.
COMMISSIONER PLUMMER: Don't want to be caught short.
MS. CUERVO: Only the boards that are listed here and in
your packages. There's a code, a section of the code is
attached that lists the different committees that need to
report.
139 February 24, 1998
21. APPROVE PURCHASE OF LITTER BINS FROM "AD FOR YOU, INC.
CHAIRMAN HERNANDEZ: Thank you very much. Item 18 is my
discussion item. It's an item that's been timely set. I
did not know that this article was going to come out. I
don't know if most of you read it. You will have a copy of
it in about thirty seconds. This past weekend in the Miami
Herald, the Neighbor section was an article referencing
garbage cans and the whole discussion was that the City was
supposed to, about a year ago, purchase 500 trash cans to
place throughout the City of Miami to basically keep the
City a lot cleaner than it is.
Because of budget reasons, we never purchased these trash
cans. This is according to the article. Needless to say, I
still put this discussion item on the agenda. Has nothing
to do with the article that came out but I think it is
timely, based on the fact that a group from Ad For You, Inc.
came to me. They have a pilot program, which is in place
right now, with Metropolitan Dade County, wherein they place
these trash bins, very nice looking trash bins in the City
right of way.
They maintain the trash bins, they collect the garbage and
basically, they have a pilot program with the County that I
think we should look into, especially that we do not have
the money at this point in time to purchase these 500
garbage cans. I brought this before the Manager. The
Manager is aware of the project with Miami Dade County, and
I just bring it to discussion to see if we would like to
basically, piggy back to this pilot program that the County
has as this time with this company called Ad For You, Inc.
There's a representative here from Ad For You, Inc. to show
you. I've seen the -- did everyone get to read that that
came out in the Neighbors? Just came out today.
COMMISSIONER REGALADO: I did, Mr. Chairman. And by the
way, you're right. About a year ago, and I don't know what
happened, but funds were allocated to buy some trash cans
for the Orange Bowl area, and --
CHAIRMAN HERNANDEZ: Never came.
COMMISSIONER REGALADO: Never came.
COMMISSIONER REGALADO: How big are these?
CHAIRMAN HERNANDEZ: You can see here a picture.
140 February 24, 1998
There's the size of the gentleman standing pretty much next
to it. The beautiful thing about it, they maintain and pick
up the trash for us; and it's been working for Dade County
up until now. Since we don't have the money, I figured it
was a good idea to latch on to this pilot program and see if
it works for us, and if it doesn't, basically, we can always
terminate any type of agreement that we enter into with this
company.
CITY MANAGER GARCIA-PEDROSA: Mr. Chairman, what I would
suggest is if you're inclined to do this, to have me
authorize me to work something out with this company, in
terms of the number of units, the location and maybe we can,
just talking to Mr. Cortina, maybe make a touch wider so we
can get them in some areas which have high visibility but
are going to need something a little bit more.
CHAIRMAN HERNANDEZ: And I think also, it's important that
we equitably distribute these around the entire City of
Miami. I do not want this company just end up going to the
nicer parts of the City of Miami. I think we need to spread
them --
Wynwood, Allapattah, Coconut Grove and Liberty City and
Overtown. I think it's very important that we spread it
throughout the City, so we can maintain the entire City in a
cleaner fashion.
COMMISSIONER PLUMMER: When you come back, I hope you will
be prepared to discuss to me what is a beautiful trash can.
MR. MAXWELL (INTERIM CITY ATTORNEY): Mr. Chairman?
COMMISSIONER PLUMMER: Excuse me. One other thing that I
think is important, and I asked when he came to see me this
morning. Mr. Manager, one of our major problems is over the
past years that I've been here is trying to get a receptacle
that, in fact, we don't see the homeless crawling into and
throwing the stuff shelter-skelter everywhere, but in the
receptacle. I would hope that when you negotiate with these
individuals, that some kind of a device can be applied that
in fact would discourage or whatever, that from happening on
these particular, which we're talking about being today.
We've used cable. We've used locks. We've used bolts.
We've used everything. So I would hope that there is some
way that you could do it.
MR. MAXWELL (INTERIM CITY ATTORNEY): Mr. Chairman?
141 February 24, 1998
CHAIRMAN HERNANDEZ: Yes.
MR. MAXWELL (INTERIM CITY ATTORNEY): Can you also, in the
resolution to approve this addition to the conditions
requested by the Manager, also make it subject to Law
Department review of the bid by Dade County, that this is
piggy backed, to make sure it meets our requirements?
CHAIRMAN HERNANDEZ: Absolutely.
CITY MANAGER GARCIA-PEDROSA: I assume we're coming back to
you with some kind of a contract.
COMMISSIONER PLUMMER: I'm assuming that's normal procedure.
CHAIRMAN HERNANDEZ: Absolutely.
CITY MANAGER GARCIA-PEDROSA: That would go through the City
Attorney's Office.
COMMISSIONER PLUMMER: Absolutely.
CHAIRMAN HERNANDEZ: Bring it back to us. Motion by
Commissioner Gort, seconded by Commissioner Plummer, further
discussion? All those in favor, say aye.
142 February 24, 1998
The following motion was introduced by Commissioner Gort,
who moved its adoption:
MOTION 98-214
A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT, SUBJECT TO REVIEW AND APPROVAL BY THE CITY
ATTORNEY, WITH "AD FOR YOU, INC." TO INSTALL LITTER BINS
THROUGHOUT THE CITY WHICH WILL BE MAINTAINED AND EMPTIED BY
SAID COMPANY AT NO COST TO THE CITY.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur Teele, Jr.
22. DISCUSS PROPOSED RUNWAY AT MIAMI INTERNATIONAL AIRPORT
AND POTENTIAL VIOLATIONS OF NOISE ORDINANCE.
CHAIRMAN HERNANDEZ: Item 19 is Commissioner Regalado's
request, discussion item in reference to continued noise
pollution from the airport and proposed runway.
Commissioner Regalado?
COMMISSIONER REGALADO: Mr. Chairman, this is about a new
runway that the Miami Dade Aviation Department is trying to
build. They have held hearings in Miami Springs and in
different parts of, I think, parts of Hialeah. And I have
attended one of those hearings and I have received
information regarding this proposed runway. I think that
the City of Miami, and I remember that we, when we were
discussing the American Airlines Arena, we were concerned
about the traffic that it would bring to the area of
downtown Miami. Well, it seems that once again, the County
is trying to do something that would impact the City of
Miami and the City has not been consulted. The planes that
would fly and use that runway will fly over your district,
my district, your district and Commissioner Plummer's.
COMMISSIONER PLUMMER: I will not allow it.
143 February 24, 1998
COMMISSIONER REGALADO: Well, then, we got to do something.
I'm going to tell you, they're talking about this new
runway, and you know, nobody is against progress; nobody, on
the contrary, we want Miami International Airport to grow.
But what we are seeing here, we're talking 72,000 more
passengers a year; and you're talking transportation, you're
talking different situations that would impact the City of
Miami. So, I would make a motion to direct the
administration to have -- as a matter of fact, we have here
a person that has been dealing with the Aviation Department
of the County for several months now, on the noise pollution
ordinance, that we were working on, and we have been for so
many months. And I think if Francisco, can you come up
Francisco? He, along with Captain Marcus Cabrera was
commissioned by this Board to establish different links with
the Aviation Department of Dade County, in terms of noise
pollution. So I was wondering if you just briefly,
Francisco, give us an idea of how do you think that this
runway will impact the City of Miami. The municipality of
Miami.
MR. FRANCISCO GARCIA: Briefly stated for the record,
Francisco Garcia, Department of Planning and Development.
I think the way Commissioner Regalado described the impact
is entirely accurate. Since the runway as they are
proposing at present will be parallel to the other two east -
west heading runways, all the traffic taking off from that
run way will pass directly over the City of Miami, so
essentially, it would be tantamount to taking what is now
two runways and turning it into three, east -west, traffic
over the City of Miami.
COMMISSIONER REGALADO: Mr. Manager, I would move, then, to
have the administration contact the Aviation Department and
tell them that we are really concerned; that there are many
issues that they have to address with the City of Miami. I
know that the City does not run the airport, but we have a
situation here which we are going to be the victims and they
are not consulting. They are making plans and they are on
the way with their plans and the citizens of Miami need to
be protected. So I would make a motion.
COMMISSIONER GORT: I would second the motion, and I would
add that the noise in different neighborhoods, it is really,
really bad. I never thought of this until we started
discussing it. If you look at the industry, when it first
began, most of the pilots and everyone moved to Miami
Springs, which is north of the airport and all the runways
have been built east -west.
144 February 24, 1998
COMMISSIONER REGALADO: Of course.
COMMISSIONER GORT: Nothing built north -south. I don't know
if that was coincidence or well planned.
COMMISSIONER REGALADO: It's not. All the planes that would
land and take off will cross over the City of Miami, whether
it is Shenandoah out to the sea, Allapattah and West Little
Havana, or Allapattah, Overtown, Morningside. So I believe
that they have to come up with at least some explanation to
what we are doing. So Mr. Chairman, there is a motion. We
need one.
CHAIRMAN HERNANDEZ: Thank you, Commissioner Regalado.
Motion by Commissioner Regalado. Seconded by Commissioner
Plummer.
No further discussion on this item. All those in favor, say
aye.
The following motion was introduced by Commissioner
Regalado, who moved its adoption:
MOTION 98-215
A MOTION DIRECTING THE CITY MANAGER TO CONTACT MIAMI-DADE
COUNTY AVIATION DEPARTMENT TO INFORM THEM THAT THE CITY IS
VERY CONCERNED ABOUT THE NEW PROPOSED RUNWAY LOCATED AT
MIAMI INTERNATIONAL AIRPORT, WHICH IS DESIGNED IN SUCH A WAY
THAT WILL ROUTE AIRPLANES TO FLY AND CREATE NOISE OVER THE
CITY OF MIAMI.
Upon being seconded by Commissioner Gort, the motion was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
Commissioner J.L. Plummer, Jr.
145 February 24, 1998
23. CLARIFY / DEFER CONSIDERATION OF AGENDA ITEM 7
(PROPOSED FIRST READING ORDINANCE TO AMEND CAPITAL
IMPROVEMENTS ORDINANCE: REPLACEMENT OF CITYWIDE FLEET) TO
AEETING OF MARCH 10, 1998 -- SEE LABEL 12.
CHAIRMAN HERNANDEZ: This brings an end to the regular
meeting.
CITY MANAGER GARCIA-PEDROSA: You asked for a clarification
on item 7.
This was the police vehicles.
CHAIRMAN HERNANDEZ: Right.
CITY MANAGER GARCIA-PEDROSA: I'm told that the grant money
that was used at one time to fund some of these purchases is
to run out. This is all going to be general fund money
because we won't have another recurrent source.
CHAIRMAN HERNANDEZ: Okay. We'll wait until Commissioner
Plummer and Commissioner Teele come back. The bottom line,
all coming out of general funds?
CITY MANAGER GARCIA-PEDROSA: This would come out of general
fund.
CHAIRMAN HERNANDEZ: I'll bring that up then, when they come
back. They were the ones who were really objecting to it.
CHAIRMAN HERNANDEZ: Commissioner Plummer, did you hear that?
On item number 7, just to revisit on the issue of
consolidating the funds, remember, for City-wide fleet from
650 to 300 million dollars, all the monies are coming out of
the general fund.
COMMISSIONER PLUMMER: And as such, my colleague, Mr. Teele
said no way, Jose. I don't disagree with it.
CITY MANAGER GARCIA-PEDROSA: Remember this has the
additional factor that we have a have a contract.
COMMISSIONER PLUMMER: Obviously you didn't hear my comments
before, and my comments were, I think that we can possibly
buy cheaper cars. Cheaper cars mean cheaper maintenance.
Cheaper maintenance means other things. It is high time,
after fire fee has failed, all I'm asking is to have the
opportunity, the next two weeks, to look at the issue,
146 February 24, 1998
discuss the issue and come back to this Commission from
Chairman of the Safety committee, to make a recommendation.
I am not prepared to do such today. If they want to
overrule me, that's their prerogative. But I think we
better start thinking about saving money.
CHAIRMAN HERNANDEZ: Commissioner Gort? No? Okay. So
we're basically at this point, you want to make a motion to
defer that?
COMMISSIONER GORT: Make it right now.
COMMISSIONER PLUMMER: What's that?
CHAIRMAN HERNANDEZ: Deferred until later on in the
afternoon.
COMMISSIONER PLUMMER: Yeah. The problem was, is and I have
to respect my colleague, Mr. Teele, who said he would not
vote on it under any circumstances for general fund funding.
I had no objection to in fact first reading, but my
colleague is not here to make his comments known. So that's
the reason that I've asked to be deferred.
CHAIRMAN HERNANDEZ: Okay. Number 7 will be deferred to a
time specific, date specific, which will be?
COMMISSIONER PLUMMER: March loth.
CHAIRMAN HERNANDEZ: Commission meeting of March 10. Motion
by Commissioner Plummer seconded by Commissioner Gort. No
further discussion, all those in favor, say aye.
147 February 24, 1998
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION 98-216
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NO. 7
(PROPOSED ORDINANCE TO MEND THE CAPITAL IMPROVEMENTS
ORDINANCE BY CONTINUING AND REVISING PREVIOUSLY APPROVED
SCHEDULED CAPITAL IMPROVEMENT PROJECT ENTITLED "REPLACEMENT
OF CITYWIDE FLEET") TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR MARCH 10, 1998.
(Here follows body of motion, omitted here and on file in
the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the motion was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
24. APPROVE APPEAL -- REVERSE ZONING BOARD DECISION TO
PERMIT REAR YARD SETBACK FOR EXISTING ROOM -- LOCATION: 3885
N.W. 61B STREET -- APPLICANT: GEORGE SANTAMARIA.
COMMISSIONER PLUMMER: Are we going to do pocket items?
CHAIRMAN HERNANDEZ: PZ 1, we're now going to initiate and
commence Planning Zoning agenda. Ms. Slazyk?
COMMISSIONER PLUMMER: Is the applicant here?
CHAIRMAN HERNANDEZ: Is George Santamaria?
MS. LOURDES SLAZYK: PZ-1 is an appeal of the variance
granted by the zoning board. Department has also
recommended denial.
It's an after the fact, construction, it's an oversized lot
and no hardship to justify the variance.
148 February 24, 1998
COMMISSIONER PLUMMER: Does the Department know when he
bought this property?
MS. SLAZYK: No.
COMMISSIONER PLUMMER: Do you know how long has he been the
owner?
MS. SLAZYK: No.
COMMISSIONER PLUMMER: Does the Department know when this
illegal construction was done?
MS. SLAZYK: No. It was work that was completed without a
permit. We don't know whether.
COMMISSIONER PLUMMER: Do we know whether it was done?
MS. SLAZYK: No, I don't.
CHAIRMAN HERNANDEZ: Mr. Santamaria, can you raise your
right hand and be sworn?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH
UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY
ON ZONING ISSUES.
CHAIRMAN HERNANDEZ: Sir, can you give your presentation?
MR. SANTAMARIA: My name is George Santamaria, 3885
Northwest 6th Street. I made this thing here for a storage,
you know, and I didn't know what the situation was. Until I
had someone that told me that I did something wrong. I put
the value is the variance twenty feet in from the house but
I don't know. I seen so many other house, they have up to
three feet away from the fence.
CHAIRMAN HERNANDEZ: How long have you had this property
for?
MR. SANTAMARIA: My mother had it since 1957.
CHAIRMAN HERNANDEZ: Since 1957.
MR. SANTAMARIA: That's right.
CHAIRMAN HERNANDEZ: Your family is still the owner of the
property?
149 February 24, 1998
MR. SANTAMARIA: My mother passed away and I took over.
CHAIRMAN HERNANDEZ: How long has this shed --
MR. SANTAMARIA: 1980.
CHAIRMAN HERNANDEZ: 1980, the shed?
MR. SANTAMARIA: No, it's about a year ago.
CHAIRMAN HERNANDEZ: It's a year old?
MR. SANTAMARIA: Yup. I did that for my kids, because they
come from New York back and forth and I wanted to put a
pool, you know, pool table, you know, these things to play.
CHAIRMAN HERNANDEZ: It's a storage shed?
MR. SANTAMARIA: Right.
CHAIRMAN HERNANDEZ: Subsequently to finding out and being
cited as a violation, have you pulled permits to try to
legalize this?
MR. SANTAMARIA: Yes, I do. The gentleman is over there,
Alfredo Quintero. He has the permits. You know.
COMMISSIONER PLUMMER: Who did the construction, sir?
MR. SANTAMARIA: I had a couple of people helping me to do
it. I did most of it. I'm the one to blame. Let's put it
that way.
CHAIRMAN HERNANDEZ: But are there presently -- are you
going through the process of pulling the permit for this?
MR. SANTAMARIA: I think I do have a permit.
MS. SLAZYK: He has one permit but can't get the other
permit without the variance.
CHAIRMAN HERNANDEZ: Obviously.
MR. SANTAMARIA: That's what it is.
COMMISSIONER PLUMMER: What is the hardship? You got to
demonstrate a hardship. A pool table is not a hardship.
MR. SANTAMARIA: No, I did that to put the, you know, the
150 February 24, 1998
washing machine
COMMISSIONER PLUMMER: Sir, our law says you have to
demonstrate a hardship.
MR. SANTAMARIA: Usually on I'm in a wheelchair and that's
why. It's third floor, you know, three floors, and I had a
big operation on my back, and I can't stand up too long, and
I can't sit down too long and I can't sleep too long. I was
operated here at the VA Hospital.
COMMISSIONER PLUMMER: Sounds like a hardship to me.
MR. SANTAMARIA: It is a hardship. For a ramp on a
wheelchair.
COMMISSIONER PLUMMER: And built it to accommodate the
wheelchair?
MR. SANTAMARIA: That's right. That's what I did it for.
MR. MAXWELL (INTERIM CITY ATTORNEY): Just for the record,
Mr. Chairman, legally, that would constitute a self-imposed
hardship.
COMMISSIONER PLUMMER: What, because he's in a wheelchair,
that's self-imposed?
MR. MAXWELL (INTERIM CITY ATTORNEY): The problem is that he
built the structure that creates the problem right here, so
that's a self-imposed hardship, and he also, in his
documents indicates some other things that would be economic
hardship, which is not a legal hardship?
CHAIRMAN HERNANDEZ: Thank you, Mr. City Attorney. There
anyone here? I see a gentleman standing here. Are you in
opposition to this variance, to the application?
MR. ROY LEVI: I'm for it and against it, I guess.
CHAIRMAN HERNANDEZ: Okay, can you take the mic?
MR. SANTAMARIA: Can I sit down?
CHAIRMAN HERNANDEZ: Okay. You can sit down.
MR. SANTAMARIA: I can't stand very much.
CHAIRMAN HERNANDEZ: Thank you, very much. Sir, can you
151 February 24, 1998
state your name and address for the record?
MR. LEVI: Roy Levi, I live at 3889 Northwest 6th Street.
The house is exactly west of his house.
CHAIRMAN HERNANDEZ: Raise your right hand, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH
UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY
ON ZONING ISSUES.
MR. LEVI: Yes. I'm for it in the sense if you put this in
if this passes, then I want to piggy back, that I'll be able
to do such as on my property. And the house east of his
property, should be able to do the same thing, and we have
all everything should be changed. However, it's not in
continuity of the neighborhood, what we have. He talked
about pulling the permits.
Many times, I've called down to report permits or something,
and I was completely ignored or no action was taken. But
that's beside the point. So if it's okay he gets his permit
in, I think that's fine, because I want the same thing.
COMMISSIONER PLUMMER: Sir, are you in a wheelchair?
MR. LEVI: Sir?
COMMISSIONER PLUMMER: Are you in a wheelchair?
MR. LEVI: No, sir.
COMMISSIONER PLUMMER: Do you walk with a cane?
MR. LEVI: No, sir.
COMMISSIONER PLUMMER: Are you handicapped in any way?
MR. LEVI: No, sir.
COMMISSIONER PLUMMER: Do you not feel that this man, as
such, as we provide handicapped parking for people, and
handicapped curbways, that this man is not having a
hardship? I think that's a hardship. Now, maybe I'm wrong
but --
CITY MANAGER GARCIA-PEDROSA: The question that's not been
made clear, it's not just a matter of building this without
a permit. The issue also entails the fact there is no
152 February 24, 1998
setback law -- five feet?
MS. SLAZYK: Five feet.
CITY MANAGER GARCIA-PEDROSA: When twenty feet are required.
COMMISSIONER GORT: Mr. Chairman? Mr. Chairman? I agree
with the gentleman. I think if it should be done, it should
be uniform. Let me tell you, most of the time, I would vote
against this type of variances but being that this is being
backed into business area, I think that's something the
Planning Department should look at. We got businesses.
This is my understanding, this setback twenty feet is to a
commercial area.
MS. SLAZYK: Yes.
COMMISSIONER GORT: Which commercial area can be built all
the way to the back, and a lot of times we got problems
creating a buffer between the commercial and the
residential. Most of the time being detrimental to the
residential.
I'll be frank with you, I would not have any problem moving
in favor of this, being that the variance source is
commercial area.
MS. SLAZYK: The commercial setback here is ten feet for the
C-1. And when commercial abuts residential, that commercial
has to meet the same setback as the adjacent residential.
So usually the brunt of meeting the extra setback is put on
the commercial, not the residential.
But that is the point.
COMMISSIONER GORT: But what I'm saying is, the residential
expansion to the commercial shall not affect the commercial
at all?
MS. SLAZYK: No.
COMMISSIONER GORT: But commercial to residential affects us
quite bit.
MS. SLAZYK: Yes, sir.
COMMISSIONER GORT: That's why I don't have any problem with
this one.
153 February 24, 1998
CHAIRMAN HERNANDEZ: Is there a motion to approve this
variance?
COMMISSIONER GORT: My motion is to support the appeal.
CHAIRMAN HERNANDEZ: Support the appeal. We are appealing.
That's correct. Reversing the zoning. Is that your motion?
COMMISSIONER GORT: Yes, it is.
COMMISSIONER PLUMMER: Wait. Tell me what does that mean.
That he is granted or denied?
COMMISSIONER GORT: No, granted.
COMMISSIONER PLUMMER: Granted. I second the motion.
COMMISSIONER GORT: Subject to pulling all the permits,
being in compliance with South Florida's law and paying the
penalty for constructing without a permit.
MS. SLAZYK: That goes without saying. He has one year to
do it.
CHAIRMAN HERNANDEZ: You understand that, sir?
MR. SANTAMARIA: Yes.
COMMISSIONER PLUMMER: In his consideration, if he wishes to
render a set of plans, we'll look at his individually as we
have with this one.
CHAIRMAN HERNANDEZ: There is a motion to reverse the denial
by the zoning board, seconded by Commissioner Plummer; any
further discussion? Staff, Commission? Hearing none, all
those in favor --
154 February 24, 1998
The following resolution was introduced by Commissioner
Gort, who moved its adoption.
RESOLUTION 98-217
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
GRANTING A VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL TO PERMIT A REAR
YARD SETBACK OF 518" (20' REQUIRED) FOR AN EXISTING UTILITY
AND STORAGE ROOM, FOR THE PROPERTY LOCATED AT 3885 NORTHWEST
6 STREET, MIAMI, FLORIDA; SUBJECT TO PROPERTY OWNER PULLING
ALL REQUIRED PERMITS, PAYING ALL APPLICABLE FEES, AND
COMPLYING WITH THE SOUTH FLORIDA BUILDING CODE WITHIN ONE
YEAR.
(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 Tomas Regalado
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
MR. SANTAMARIA: Excuse me?
CHAIRMAN HERNANDEZ: -- of the resolution on this.
MR. SANTAMARIA: Got four people here with me.
COMMISSIONER PLUMMER: Sir, you just won, quit.
Now, Mr. City Attorney, I got to tell you something. I do
feel that handicapped, as defined by law, not by me, should
have a consideration in a hardship. I don't know how you
can deny that. We have to provide handicapped bathrooms; we
have to provide handicapped curbs; we have to provide
handicapped parking spaces. And if that's not a good
hardship for a variance, I think we're dropping the ball.
155 February 24, 1998
MR. MAXWELL (INTERIM CITY ATTORNEY): I think it would
depend on the situation. Here, you have a situation where
he built too close to the property line.
COMMISSIONER PLUMMER: I understand that but I did not see
it, but he said it was one of the reasons was for his
access. Okay? I'm taking it at his word.
COMMISSIONER GORT: You look at this case, is the
alternatives were either go to the side set back, because he
needs to enlarge the house, side setback, which would affect
the residents, or a back set back, which would affect the
commercial area.
MR. MAXWELL (INTERIM CITY ATTORNEY): What we can do is take
a look at the requirements in the zoning ordinances for
variances and see if we can work that in.
COMMISSIONER GORT: Thank you, sir.
CHAIRMAN HERNANDEZ: Thank you very much, item PZ-2. Second
reading ordinance.
COMMISSIONER REGALADO: We haven't voted.
CHAIRMAN HERNANDEZ: Yeah, we voted. We voted; right?
COMMISSIONER REGALADO: We did? In favor?
COMMISSIONER PLUMMER: Yeah.
CHAIRMAN HERNANDEZ: All right. Four -zero.
25. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2 (PROPOSED
SECOND READING ORDINANCE TO CHANGE LAND USE DESIGNATION AT
2401, 2411, 2415 AND 2445 W. FLAGLER STREET AND N.W. 25 AND
24 COURT) AND ITEM PZ-3 (PROPOSED SECOND READING TO CHANGE
ZONING CLASSIFICATION AT 2401, 2411, 2415 AND 2445 W.
FLAGLER STREET AND N.W. 25 AND 24 COURT) FOR MEETING OF
MARCH 24, 1998 AT 2 P.M.
CHAIRMAN HERNANDEZ: PZ-2, second reading ordinance.
MS. SLAZYK: PZ-2 and 3 are companion ordinances to amend
the Comp Plan and Zoning Atlas. At the first reading, the
Commission had requested some additional information in
response to Mr. Rice's concerns about the property. The
156 February 24, 1998
applicant had also proffered a covenant. There are two
conditions in the covenant that the applicant is proffering
that the Department believes responds to Mr. Rice's
concerns.
Specifically, the applicant has agreed that the single
family lot that's the subject of this application, will be
solely limited to parking of automobiles, green space or
recreational space; and the second issue Mr. Rice had a
concern about was the density and intensity increase that
the property would have by adding this single family lot.
So the applicant has agreed that for all FAR, flow area
ratio and density calculations, that single family lot will
be left out of the calculations. So the additional
potential 15 units that the applicant could get by leaving
this property in, is not an issue, because it will be out
for all zoning calculations for FAR and density. With that,
if you have any questions, the applicant is here.
COMMISSIONER GORT: Was that with the covenant?
MS. SLAZYK: Already submitted and Mr Rice --
CITY MANAGER GARCIA-PEDROSA: Voluntarily submitted it.
MS. SLAZYK: Yes, voluntarily submitted it. Yes.
CHAIRMAN HERNANDEZ: Adrienne?
MS. ADRIENNE PARDO: Yes.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH
UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY
ON ZONING ISSUES.
MS. PARDO: Hello. My name is Adrienne Pardo, law offices
at 1221 Brickell Avenue. I'm here today on behalf of the
owner of the property, Main Stream Partners, Inc. We're
requesting approval. This is the second reading. I'd be
happy to answer any additional questions that the Commission
may have, or that may arise today. But we do state on the
record that we are proffering this covenant to the City of
Miami and it would limit parking, green space or
recreational space on lot 241, which is the R-1 lot that
we're requesting rezoning to C-1 and that for density and
FAR purposes, lot 241 would not be included.
CHAIRMAN HERNANDEZ: Thank you. Mr. Rice?
157 February 24, 1998
MR. JACK RICE: Well, my name is Jack Rice. I was sworn the
last time. Does it carry over?
CHAIRMAN HERNANDEZ: No.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH
UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY
ON ZONING ISSUES.
MR. RICE: Well, the covenant is all right as far as it
goes.But my suggestion is if she believes that that lot has
no effect on the property on Flagler Street, that the
property should not be included in the C-1 classification.
By including it in the C-1 classification, she also provides
for increased parking. And what does parking do? It
provides for more units or provides, if she don't have
enough parking for the existing units by including this
residential lot as a C-1 lot, she'll be able to use it for
additional parking. Parking. That's contrary to what I
think is right and what is proper for the property owners in
that area. Particularly, me, who lives within 150 feet of
the subject property.
Now, when the plan report submitted a letter of
recommendation to you, it says the commercial development
can only be made within the existing corridor, C-1
corridors. In other words, that nothing should be
considered except on the Flagler Street property, which is
C-1. And preserving the commission areas, the areas,
without intrusion into R-1. Well, she's using this R-1 as a
part of the basis for parking. I don't want that. I don't
think the law allows it and I think -- I think she ought to
have it or the owner or the applicant should voluntarily
remove this from the C-1 application. Now, if she does that,
she's nailed the head, nailed it right on the argument. But
she hasn't done it.
She says she's not including the FAR but she is including
the parking that provides for more parking in the area, to
provide for additional units. I don't know how many units
she wants to build because we have no control over the type,
style, or so forth of the units. But without -- ordinarily,
without including that lot, she could not put the 120 foot
building, she could not have 150 units. But by having that
lot in which she's covered in the voluntary covenant,
without that lot in there, she could not have the 150 units.
And besides that, it will allow for 15 more units, which
would be giving her 165 units.
158 February 24, 1998
I am thankful that she made the covenant but I don't think
it goes far enough. Now, in addition to that, when you have
a lot such as this C-1, abutting a residential area, it has
to have a twenty foot setback, which they must comply with.
The only problems with this, when you use the C-1, that's
next to this residential area, they can still use the set
back area of twenty feet for parking. So, they really don't
have to have a set back because they're going to use it for
parking, that's what this covenant says.
I would suggest in addition to what she's covenanted here,
that we have a six-foot ball placed on the twenty feet from
the property line, and order that that set back area could
not be used for parking.
COMMISSIONER PLUMMER: Well, Puffy, you're very well aware
that we can do a one foot from the property line and
accomplish the same thing. You know, I think we got more
walls in this damn town than we need to have right now.
MR. RICE: But this also limits the number of units they can
put because they won't have enough room for the parking.
COMMISSIONER PLUMMER: I understand.
MR. RICE: In other words, you might put more units in but
you got to have parking. What this does is permit them to
have parking.
COMMISSIONER PLUMMER: And you're trying to discourage
additional parking?
MR. RICE: I'm trying to discourage additional units by
limiting the parking.
COMMISSIONER PLUMMER: Oh, I see. In reverse.
MS. PARDO: Could I respond for the record?
COMMISSIONER PLUMMER: I'm just trying to figure out a
compromise. You have every right to speak.
MS. PARDO: I would like to respond in the following:
Number 1. This parcel, lot 241, has a history of already
being used for parking purposes. When it was the Aerospace
Academy and at the last hearing, I submitted an aerial
photograph which had showed that back in 1977. Also I
submitted at the last hearing, a letter from the adjacent
159 February 24, 1998
property owner of lot 241, saying that he was in favor of
this particular application and he had no objection. With
regard to the issue of if you allow this lot to be rezoned
to C-1, it will allow additional use and more parking. The
City Zoning Ordinance kind of works just the opposite. It
says whatever your development is, whatever the number of
square feet, we then have to provide that much parking for
the square feet.
And in the C-1 district or the G-I district, either one,
you've got an unlimited height. So I don't really
necessarily need the extra area for the parking per se in
order to increase the use on the C -- the property fronting
on Flagler. In addition, it will be the FAR on the property
fronting Flagler, that will limit the number of units as
well as the amount of retail or commercial that we could
have and that would be the same for the G-I, or the C-1.
And by the covenant, we've agreed not to include the
additional FAR from lot 241 and so that will really take
care of any increase in number of residential units as well
as the number of commercial or retail.
MR. RICE: Well, my answer to that question is, if it has --
C-1 has no effect, that we not change the zoning, to C-1 on
the residential lot, as the Planning and Zoning Board
recommended to the Commission. That they let that stay R-1.
Now, if it doesn't have any effect, then, all right, we'll
leave it staying R-1. But the fact is that it does have an
effect. It provides for additional parking.
COMMISSIONER GORT: Mr. Chairman?
COMMISSIONER PLUMMER: Whose district?
CHAIRMAN HERNANDEZ: Mine.
COMMISSIONER GORT: Let's look at it this way. Let me tell
you something. The biggest problem that we have with any
businesses or public buildings become built anywhere is the
excess parking. Then, what happens is, if you don't provide
excess parking, you're going to have the people in the
building, visiting the building, parking all over the
residential area. I don't have any problem with this
application. I'm ready to rule on it.
MR. RICE: You don't live down the street from it.
COMMISSIONER PLUMMER: Yeah, but Puffy, you know, I
understand what you're saying, but whenever you can provide
160 February 24, 1998
additional parking, I think that we're just ahead of the
game.
MR. RICE: I think they ought to reduce the units is my
recommendation. Not increase the parking.
MS. PARDO: We did agree to but not including lot 241 in any
density calculations. We're limiting the number of units,
strictly to the parcels that are on Flagler Street, which is
exactly what they are allowed to have now.
COMMISSIONER PLUMMER: All right. Hold on, you've got a
motion on the floor. You know, I'm going to second it.
CHAIRMAN HERNANDEZ: I'm going to call the question. This
is in my district.
COMMISSIONER PLUMMER: I have a question. Basically reading
for the record the conditions that are recommended.
MS. SLAZYK: For the record, the two conditions that the
applicant has proffered as part of the covenant, is that the
single family lot, lot 241 shall be solely limited to
parking of automobiles, green space or recreational space;
and there shall be no direct automobile ingress or egress to
or from lot 241 via Northwest 24th Court; and lastly, the
owner covenants that all floor area ratio and density
calculations for development properties shall be computed
based solely upon the net and gross lot area acreage 242,
243, 245, 246 and 247.
That explicitly leaves out 241.
COMMISSIONER PLUMMER: Can we leave a one foot buffer?
MS. PARDO: I did. That's in the covenant as well.
COMMISSIONER PLUMMER: What about the landscaping to the
north? I'd like to eliminate a wall. Okay?
MS. SLAZYK: You can ask that
to the department. We'll make
around the perimeter.
landscaping plans be submitted
sure it's a thick hedge
COMMISSIONER PLUMMER: That's fine. At Bayfront Park, they
will not let me call it a retaining wall. They call it an
attendance retainer. I would like to stipulate that
condition to the application.
161 February 24, 1998
MS. SLAZYK: Something that we found worked well in other
areas of the City, is a combination, short wall, wrought
iron picket and landscaping. It's much more attractive.
MS. ADRIENNE PARDO: Fine. We accept it.
MS. SLAZYK: They accept it in the covenant.
COMMISSIONER PLUMMER: It has already been moved and I
seconded. Number 2.
CHAIRMAN HERNANDEZ: Just so -- before you read the
ordinance, um, besides the changing of the zoning, what is
the intended purpose here, Ms. Pardo, what do we want to do
with this piece of property?
MS. PARDO: The owner isn't sure at the current time.
CHAIRMAN HERNANDEZ: Up in the air right now?
MS. ADRIENNE PARDO: Right.
COMMISSIONER PLUMMER: Owner has twelve months in which to
draw permits or it reverts back. Correct?
MS. SLAZYK: No. Not for zoning change.
COMMISSIONER PLUMMER: Excuse me. It does by virtue of our
policy that says that any permits not drawn within one year,
it immediately instigates another hearing by this board. Of
course it does.
MR. MAXWELL (INTERIM CITY ATTORNEY): Then, this is a
zoning change. You have two, which is a comp plan change,
and you have a zoning change. There is no special permits
or anything.
COMMISSIONER PLUMMER: I'm adding that as a provision. I
have that right. That if they don't draw a permit within
twelve months, that we instigate at City's behest, a change
back to the original zoning. That gives them twelve months
to do something.
MR. MAXWELL (INTERIM CITY ATTORNEY): I don't think that's a
proper condition, Mr. Plummer.
MS. SLAZYK: You can make a separate motion that the
department take a look at this in a year and come back.
162 February 24, 1998
COMMISSIONER PLUMMER: We did it before.
MS. SLAZYK: But it shouldn't be a condition of zoning.
COMMISSIONER PLUMMER: It's not a condition acceptable to
the City Attorney at this time, I'll discover it for the
next. I'm just saying, you know, we have beautiful plans,
I'm trying to eliminate spec. That's what I'm trying to do.
Speculation that I'll do this, I'll do this, and they never
do it but get a bigger price for selling it out before they
come in here and do this what they promised.
MR. MAXWELL (INTERIM CITY ATTORNEY): If I may,
Commissioner, that's one of the things we tried to make the
legislative bodies aware of. Planning Advisory Board, what
you have before you is a comprehensive plan amendment, and
they are entitled to do everything in that amendment that
the law allows them to do without conditions. The
conditions that you all have been discussing and will be
applied, really apply to 3, which is the companion item, the
zoning change. That's where you place the conditions and do
the things you want.
COURT REPORTER: I need to change my paper.
CHAIRMAN HERNANDEZ: Mr. Clerk, is she here from now on?
CITY CLERK WALTER FOEMAN: At this point she is here on a
trial basis. We are experimenting.
COMMISSIONER PLUMMER: Free of charge?
CITY CLERK WALTER FOEMAN: Not free of charge.
CHAIRMAN HERNANDEZ: Mr. City Attorney.
MR. MAXWELL (INTERIM CITY ATTORNEY): As I was saying -- The
conditions that you were placing on this property, really,
will go to the zoning change, that is PZ-3, so the record
needs to be clear on that. But when you are allowing the
zoning change, there's no application in it right there.
Other than the one foot setback, stuff like that, you really
don't have anything, there's nothing that you can say at
that time about how the property is used, because they could
use it for anything.
COMMISSIONER PLUMMER: That's exactly what I'm trying to
avoid.
163 February 24, 1998
MR. MAXWELL (INTERIM CITY ATTORNEY): Well, the only way you
can avoid that situation like that is to unfortunately, deny
it.
COMMISSIONER PLUMMER: And that, I don't want to do. The
property is vacant; I would like to see development, but I
don't want to change the zoning and have it sit there for
speculation to get a higher price that someday I might. I'm
saying this to try to get it to where it's going to be on
the tax rolls.
CHAIRMAN HERNANDEZ: Okay. We can't do that, we can't
attach.
MS. SLAZYK: Not as a condition to this but if you want a
separate motion, after this item is done, you know -- but
first to initial down -zoning --
COMMISSIONER PLUMMER: On the second portion, on the second
portion, I will request a covenant, voluntarily, willing to
pull a permit within twelve months.
CHAIRMAN HERNANDEZ: Ms. Pardo.
MS. PARDO: That, we can't agree to. Part of the problem if
I can --
COMMISSIONER PLUMMER: Then I can vote against it. That's
simple enough.
CHAIRMAN HERNANDEZ: To voluntarily --
CITY MANAGER GARCIA-PEDROSA: Not requiring it, just
exercising your rights.
COMMISSIONER PLUMMER: I'm asking them to voluntarily do it.
MS. PARDO: Can't do it.
COMMISSIONER PLUMMER: All right? That's all I'm saying.
If not, then look, you know, we've got to come to a point,
this is an R-1 property today, right?
MS. SLAZYK: G-I.
COMMISSIONER PLUMMER: G-I. Very limited in what it can be
used for. They're asking us to zone it to what?
MS. SLAZYK: C-1.
164 February 24, 1998
COMMISSIONER PLUMMER: That is going to quadruple the value
of the property. The owner of the property is not entitled
to anything other than what he had when he bought it. Now,
if you want to talk about he voluntarily gives the City four
times what he paid for it, as a contribution to the City, to
the general fund, then let's talk about it.
CHAIRMAN HERNANDEZ: All right.
COMMISSIONER PLUMMER: Look, that is City right. The man
paid X for the property. What we're doing here tonight
would probably quadruple the value of that property. All
right?
He's not entitled to that. He bought it under certain, he
paid under certain and that's what he's entitled to. No
more, and no less. He doesn't want to give a voluntary
covenant at best on the second item I would move to defer;
if not move to deny.
CHAIRMAN HERNANDEZ: Okay, we have a motion right now on PZ-
2. Let's call the question to approve with conditions --
MS. PARDO: No.
MS. SLAZYK: No. The conditions will be on 3.
MR. MAXWELL (INTERIM CITY ATTORNEY): Wait, wait, wait,
wait.
You should not approve -- you cannot approve 1 and defer 3.
I'm sorry approve 2 and defer 3. These are companions. Once
you amend that Comp plan, if you approve this on first
reading and you then toy with 2, you cause a problem.
Whatever you do, you should do to both of them.
CHAIRMAN HERNANDEZ: Okay, fellas, we either have to both
vote on both or defer. Commissioner Plummer?
MS. PARDO: Could I respond?
COMMISSIONER GORT: Let me tell you. Commission is asking
to defer. I respect that, and --
COMMISSIONER PLUMMER: Move to defer.
MS. ADRIENNE PARDO: Could I respond to Commissioner
165 February 24, 1998
Plummer?
COMMISSIONER PLUMMER: You want to speak to the deferment,
that's the motion on the floor?
MS. ADRIENNE PARDO: I wanted to respond to the comments
that you made with regard to the deferment.
COMMISSIONER PLUMMER: I want to give you two weeks to think
about it. Four weeks.
CHAIRMAN HERNANDEZ: March 24th.
COMMISSIONER PLUMMER: 2 o'clock, or later.
CHAIRMAN HERNANDEZ: Is there a second on the motion to
defer?
COMMISSIONER GORT: Second.
CHAIRMAN HERNANDEZ: There's a motion for by Commissioner
Plummer seconded by Commissioner Gort. All those in favor,
say aye.
166 February 24, 1998
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION 98-218
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2
(PROPOSED ORDINANCE TO AMEND THE COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING LAND USE DESIGNATION AT 2401, 2411, 2415
AND 2445 W. FLAGLER STREET AND 25 N.W. 24 COURT FROM SINGLE
FAMILY RESIDENTIAL AND MAJOR INSTITUTIONAL PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED
COKaRCIAL) AND ITEM No. PZ-3 (PROPOSED ORDINANCE TO CHANGE
ZONING CLASSIFICATION AT 2401, 2411, 2415 AND 2445 W.
FLAGLER STREET AND 25 N.W. 24 COURT FROM R-1 SINGLE-FAMILY
RESIDENTIAL AND G/I GOVERNMENT AND INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR MARCH 24, 1998 AT 2 P.M., OR LATER.
(Here follows body of motion, omitted here and on file in
the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the motion was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
167 February 24, 1998
26. SECOND READING ORDINANCE: AMEND ORDINANCE 10544 FROM
RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL -- CHANGE FUTURE
LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: ARE BOUNDED BY NORTH MIAMI AVENUE, N.E. 2ND
AVENUE, I-95 AND N.E. 36 STREET INCLUDING LOTS 1, 2, 23, 24
OF BLOCK 10 OF PRINCESS PARK SUBDIVISION -- APPLICANT:
PLANNING AND DEVELOPMENT.
CHAIRMAN HERNANDEZ: PZ-2, PZ-3. PZ-4?
COMMISSIONER PLUMMER: Planning department recommends a
second reading
MS. SLAZYK: Yes, this is a correction of an error in the --
COMMISSIONER PLUMMER: Move item 4
COMMISSIONER GORT: Second.
COMMISSIONER PLUMMER: Hello, Mr. Chairman, I'm calling
collect.
CHAIRMAN HERNANDEZ: We have a motion on the floor by
Commissioner Plummer, seconded by Commissioner Gort. Can
you read the ordinance?
MR. MAXWELL (INTERIM CITY ATTORNEY): An Ordinance, with
Attachment, amending the future land use map of the
comprehensive neighborhood plan by changing the land use
designation for the properties located within the area
bounded by North Miami Avenue, NE 2nd Avenue, I 195 and NE
36th Street including Lots 1, 2, 23, and 24 of Block 10
PRINCESS PARK SUBDIVISION, from "Restricted Commercial" To
"General Commercial". Directing transmittals to affected
agencies; containing a repealer provision and a severability
clause; and providing for an effective date.
VICE CHAIRMAN TEELE: Public hearing.
COMMISSIONER PLUMMER: We've had the public hearing.
VICE CHAIRMAN TEELE: We've had the public hearing. Call the
roll.
CHAIRMAN HERNANDEZ: Call the roll.
168 February 24, 1998
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTIES LOCATED WITHIN THE
AREA BOUNDED BY NORTH MIAMI AVENUE, NORTHEAST 2ND AVENUE, I-
195 AND NORTHEAST 36TH STREET, INCLUDING LOTS 1, 2, 23 AND
24 OF BLOCK 10 OF PRINCESS PARK SUBDIVISION, FROM RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTINUING 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 Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11610.
The City Attorney read the ordinance into
and announced that copies were available
the City Commission and to the public.
the public record
to the members of
169 February 24, 1998
27. AMEND ZONING ATLAS BY CHANGING THE ZONING CLASSIFICATION
FROM C-1 "RESTRICTED COMMERCIAL" TO SD-6 "CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICT" FOR PROPERTY GENERALLY
BOUNDED BY NORTHEAST 117K TERRACE ON THE NORTH, NORTHEAST 2D
AVENUE ON THE WEST, BISCAYNE BOULEVARD ON THE EAST AND THAT
PORTION OF THE F.E.C. RIGHT-OF-WAY LOCATED BETWEEN NORTHEAST
67K STREET AND NORTHEAST 7TB STREET ON THE SOUTH.
COMMISSIONER PLUMMER: Item 5 is my district. Move it on
second reading.
COMMISSIONER GORT: Second.
VICE CHAIRMAN TEELE: Moved.
COMMISSIONER PLUMMER: Read the ordinance.
VICE CHAIRMAN TEELE: Read the ordinance, please.
MR. MAXWELL (INTERIM CITY ATTORNEY): An ordinance, with
attachment, amending page No. 23 and page no. 36 of the
Zoning Atlas of the City of Miami, Florida, by changing the
zoning classifications from C-1 "restricted commercial" to
SD-6 "Central Commercial -Residential District" for the
property located at approximately in the area generally
bounded by Northeast llth Terrace on the north, Northeast
2nd Avenue on the west, Biscayne Boulevard on the east and
that portion of the F.E.C. right-of-way located between
Northeast 6th Street and Northeast 7th Street on the south;
makings findings; containing a repealer provision and a
severability clause; and providing for an effective date.
VICE CHAIRMAN TEELE: Yes, ma'am?
COMMISSIONER PLUMMER: Call the roll.
170 February 24, 1998
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO. 23 AND PAGE
NO. 36 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM C-1 "RESTRICTED
COMMERCIAL" TO SD-6 "CENTRAL COMMERCIAL -RESIDENTIAL
DISTRICT" FOR PROPERTY GENERALLY BOUNDED BY NORTHEAST 11TH
TERRACE ON THE NORTH, NORTHEAST 2ND AVENUE ON THE WEST,
BISCAYNE BOULEVARD ON THE EAST AND THAT PORTION OF THE
F.E.C. RIGHT-OF-WAY LOCATED BETWEEN NORTHEAST 6TH STREET AND
NORTHEAST 7TH STREET ON THE SOUTH; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of
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 Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11611
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of
the City Commission and the Public.
171 February 24, 1998
28. FIRST READING ORDINANCE: AMEND ORDINANCE 10544 TO
RESTRICTED COMMERCIAL TO CHANGE FUTURE LAND USE ELEMENT OF
"OMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 1700 N.W. 33
STREET -- APPLICANT: RAUL GONZALEZ.
COMMISSIONER PLUMMER: Item 6, move it on first reading.
VICE CHAIRMAN TEELE: Moved by Commissioner Plummer.
COMMISSIONER REGALADO: Second.
VICE CHAIRMAN TEELE: Seconded by Commissioner Gort.
COMMISSIONER PLUMMER: Is the applicant here?
COMMISSIONER GORT: Yes, he's here.
VICE CHAIRMAN TEELE: Any objection? Call the roll. Read
the ordinance, I'm sorry.
MR. MAXWELL (INTERIM CITY ATTORNEY): An ordinance amending
the future land use map of the comprehensive neighborhood
plan by changing the land use designation of the property
located at approximately 1700 Northwest 33rd Street from
major institutional, public facilities, transportation and
utilities to restricted commercial; making findings;
directing transmittals to affected agencies; and providing
for an effective date.
COMMISSIONER PLUMMER: Let the record reflect no objections
were present. The Planning Department made recommendation
for approval. The Planning Advisory Board moved for
approval.
COMMISSIONER GORT: Mr. Chairman?
VICE CHAIRMAN TEELE: Yes, sir.
COMMISSIONER GORT: Did we vote on this already?
CITY CLERK WALTER FOEMAN: No, that's it.
COMMISSIONER GORT: Before we vote on it, let me ask a
question.
VICE CHAIRMAN TEELE: Any discussion?
COMMISSIONER GORT: It is my understanding, this gentleman
172 February 24, 1998
bought this property, went to the City of Miami and
requested the permits, and after he pulled the permits and
everything told was okay, then he made an investment, he
needed to come in front of us. Is this correct?
MS. SLAZYK: I'm not aware of it. This is a G-I property
used to be a Post Office and it's no longer a Post Office.
Therefore, it needed a change of zoning. It was going to be
a Laundromat.
COMMISSIONER GORT: Right. My understanding was at first,
it was with the impression that when he bought the property,
yes, he could set up the Laundromat. When he tried to pull
the permits, he was told, no, you need to change the zoning.
MS. SLAZYK: He went and made the investment before getting
the zoning change.
COMMISSIONER GORT: He checked with one of staff, staff was
ill-informed. My question is can we pass this? Do we need
two readings? Can we have an emergency? There is no
opposition. We need this.
MR. MAXWELL (INTERIM CITY ATTORNEY): No, sir, I'm sorry,
cannot ask land use by --
VICE CHAIRMAN TEELE: Call the roll?
COMMISSIONER PLUMMER: Yes.
VICE CHAIRMAN TEELE: Have you read it?
MR. MAXWELL (INTERIM CITY ATTORNEY): Yes.
173 February 24, 1998
An Ordinance entitled
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1700
NORTHWEST 33RD STREET FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by
Commissioner Regalado, was passed on first ready, by title
only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
29. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 FROM G/I
GOVERNMENT AND INSTITUTIONAL TO C-1 RESTRICTED COMMERCIAL TO
CHANGE ZONING ATLAS -- LOCATION: 1700 N.W. 33RD STREET --
APPLICANT: RAUL GONZALEZ.
VICE CHAIRMAN TEELE: Next item?
MS. SLAZYK: PZ-7, companion.
COMMISSIONER GORT: Move it.
COMMISSIONER REGALADO: Second.
VICE CHAIRMAN TEELE: Move by Commissioner Gort. Second by
Commissioner
Regalado.
MR. MAXWELL (INTERIM CITY ATTORNEY): Ordinance amending the
zoning ordinance and page number 19 of the Zoning Atlas of
the City of Miami, Florida, by changing the zoning
classification from G/I Government and Institutions to C-1
restricted commercial district for the property located at
approximately 1700 Northwest 33rd Street, Miami, Florida,
174 February 24, 1998
more particularly described herein; making findings;
containing a repealer provision and a severability clause;
and providing for an effective date.
VICE CHAIRMAN TEELE: all right. Any person? No person?
Call the roll.
An Ordinance entitled
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND PAGE NUMBER
19 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM G/I GOVERNMENT AND
INSTITUTIONS TO C-1 RESTRICTED COMMERCIAL DISTRICT FOR THE
PROPERTY LOCATED AT APPROXIMATELY 1700 NORTHWEST 33RD
STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by
commissioner Regalado, and was passed on first reading, by
title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
30. SECOND READING ORDINANCE: AMEND ARTICLE 6 OF ZONING
ORDINANCE 11000 -- ADD SECTION 602-4.1.3: SALES DISPLAY AND
SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE --
ALLOW USES BY SPECIAL EXCEPTION OR CALL II SPECIAL PERMIT
FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT --
APPLICANT: PLANNING AND DEVELOPMENT.
VICE CHAIRMAN TEELE: Next item.
COMMISSIONER PLUMMER: Item 9... 8.
VICE CHAIRMAN TEELE: Item 8, second reading.
MR. FRANCISCO GARCIA (PRINCIPAL LAND DEVELOPMENT
SPECIALIST): Item No. 8 is again the vending in private
property in the Coconut Grove downtown district private
175 February 24, 1998
property. This is subject to special exception. We feel
that there are adequate guidelines to control this use and
it is good for the district. I'd be happy to answer any
questions. We recommend approval.
COMMISSIONER PLUMMER: Yeah, answer one question for me.
Why did your PAB (Planning Advisory Board) turn it down
seven, naught.
MS. TERESITA FERNANDEZ: Mr. Plummer, this is Teresita
Fernandez from the office of Hearing Boards. The original
resolution signed on behalf of Mr. Jack Luft, indicated
seven to zero, when in reality, that was a tie vote. It was
four to three. And that original resolution from June 30th
was carried over on the legislation, and was prepared by the
law department and that is shown.
COMMISSIONER PLUMMER: For whatever reason, why the
objecting votes object?
MR. GARCIA: From early early. The reason is this. A
number of community, number of residents in the Coconut
Grove community, basically expressed their opinion that the
implementation of these users in private property, if not
well controlled might very well get out of hand and result
in visual clutter.
COMMISSIONER PLUMMER: All right. Let me ask you a
question, if I may.
Does this only pertain to self enclosed, such as Cocowalk or
Mayfair? This does not to open lots or vacant lots?
MS. FERNANDEZ: No, sir.
COMMISSIONER PLUMMER: Okay. In other words, it must be in
an already in an existing, either self-contained or open
contained kind of scenario?
MS FERNANDEZ: Partially enclosed or open spaces, private
property, however.
COMMISSIONER PLUMMER: Private property, of course.
MS. FERNANDEZ: Yes.
COMMISSIONER PLUMMER: I move it.
COMMISSIONER REGALADO: Second.
176 February 24, 1998
VICE CHAIRMAN TEELE: Moved by Commissioner Plummer,
seconded by Commissioner Regalado.
MS. JULIE FEINBERG: I have something to say.
VICE CHAIRMAN TEELE: This is a public hearing? Yes.
Welcome.
MS. JULIE FEINBERG: My name is Julie Feinberg.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH
UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY
ON ZONING ISSUES.
MS. FEINBERG: I'm here on behalf of Cocowalk. I just want
to make sure that if this does get approved that Cocowalk
and streets of Mayfair is part of the planning, as far as
what the special exemption will allow, as far as what
guidelines that they are going to determine which push carts
and which merchandise can be sold.
COMMISSIONER PLUMMER: But they got to be inside of the
area; correct?
MS. GARCIA: That's correct, within the SE-2 District.
COMMISSIONER PLUMMER: It can't be imposing upon a fire
safety scenario; and if they're already inside of somewhere,
what I, I can't see the objection.
MS. FEINBERG: Oh, I absolutely agree. I think we should be
able to sell whatever we want to sell. But I know the whole
point of the special exemption application is that so some
committee can allow us to sell items that are not hand made.
COMMISSIONER PLUMMER: That's us.
MS. FEINBERG: Exactly. I know that. So I want to make
sure when that committee is put together --
COMMISSIONER PLUMMER: Oh, ho, ho, ho, ho.
MS. FEINBERG: That we're part of the process.
COMMISSIONER PLUMMER: Part of the problem, also.
MS. FEINBERG: We feel Cocowalk runs its push cart program
very effectively and professionally.
177 February 24, 1998
MR. FERNANDEZ: May I clarify that, sir?
COMMISSIONER PLUMMER: Sure.
MR. GARCIA: May I clarify that, sir? What Ms. Feinberg is
referring to is they will have to submit to us a master plan
showing where every one of those vending plans carts is
going to be located. The special exemption will be acted on
by the Zoning Board and is appealable to the City
Commission.
COMMISSIONER PLUMMER: Fine. Let's go.
MS. FEINBERG: Thanks.
VICE CHAIRMAN TEELE: On the question. Call the question,
further discussion? If not, the Clerk, you read the
ordinance?
MR. MAXWELL (INTERIM CITY ATTORNEY): No, sir.
Consideration of amending Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, by amending Article
6, to add a new Section 602.4.1.3. entitled "Sales display
and service activities within open or partially open space",
to modify the existing provisions and allow certain
components of said uses by Special Exception or Class II
Special Permit within open space for the SD-2 Coconut Grove
Central Commercial District. Containing a repealer
provision and severability clause; and providing for an
effective date.
VICE CHAIRMAN TEELE: On the motion, Mr. Clerk? Before you
call the roll, the Planning Advisory Report voted seven to
zero or four to three?
MS. SLAZYK: Four to three.
VICE CHAIRMAN TEELE: To deny?
COMMISSIONER PLUMMER: Correct.
VICE CHAIRMAN TEELE: Why wasn't the typo corrected, Mr.
Manager?
CITY MANAGER GARCIA-PEDROSA: I just asked the same
question, Commissioner. I don't know the answer. Do you
know the answer to that?
VICE CHAIRMAN TEELE: Mr. Manager, I would hope that if
178 February 24, 1998
there is a typo or something, that an addendum sheet would
be put out.
Because I can tell you, you know, I was prepared to vote no
on the seven to zero vote. Out of deference to the
community. Call the roll, please.
An Ordinance entitled
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
6, TO ADD A NEW SECTION 602.4.1.3. ENTITLED "SALES DISPLAY
AND SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE",
TO MODIFY THE EXISTING PROVISIONS AND ALLOW CERTAIN
COMPONENTS OF SAID USES BY SPECIAL EXCEPTION OR CLASS II
SPECIAL PERMIT WITHIN OPEN SPACE FOR THE SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT. CONTAINING A REPEALER
PROVISION AND 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 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 Tomas Regalado
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
NAYS: Vice Chairman Arthur E. Teele, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11612
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.
179 February 24, 1998
31. SECOND READING ORDINANCE: AMEND ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, OF ZONING ORDINANCE 11000
-- MODIFY REGULATIONS FOR CBD (CENTRAL BUSINESS DISTRICT) --
ADD WHOLESALE USES ON GROUND FLOOR PRIMARY PEDESTRIAN
PATHWAY STREETS -- APPLICANT: PLANNING AND DEVELOPMENT.
VICE CHAIRMAN TEELE: Next item.
MS. SLAZYK: PZ-9 is an amendment we've been working on with
the CBD, Downtown Miami Partnership, to expand the
possibilities of certain wholesale sale uses within CBD.
This will allow those upper floor of class B and C office
spaces to be used for another activity, to allow an adaptive
reuse of those spaces. The way the ordinance is written
now, it's going to put a pretty severe limitation on the
ground floor part of it. If it's a ground floor, if the use
comes all the way to the ground floor, and it's on a primary
pedestrian pathway they have to use the ground floor as
their open to the public or retail component so as not to
disrupt the retail ground floor uses and CBD.
If it's a non -primary pedestrian pathway then they can bring
their use all the way down and they would need a class two
special permit, so that we can make sure that that ground
floor retail open to the public component is consistent with
the retail frontages of downtown.
Almost all the streets in downtown are primary pedestrian
pathways.
COMMISSIONER PLUMMER: I accede to my cohort on DDA
(Downtown Development Authority) in my district. Second the
motion.
VICE CHAIRMAN TEELE: Moved by the Chairman of the DDA and
seconded by the District Commissioner. Mr. Clerk?
MR. MAXWELL (INTERIM CITY ATTORNEY): Consideration of
amending Ordinance 11000, as amended, the Zoning Ordinance
of the City of Miami, by amending Article 4, Section 401,
Schedule of District Regulations, to modify the list of
permitted principal and conditional principal uses in the
CBD (Central Business District) relating to general
wholesale activities; containing a repealer provision and
severability clause; and providing for an effective date.
CHAIRMAN TEELE: Mr. Clerk, public hearing, any person
desiring to be heard. There being none. The Clerk will
180 February 24, 1998
call the roll.
An Ordinance entitled
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO MODIFY
THE LIST OF PERMITTED PRINCIPAL AND CONDITIONAL PRINCIPAL
USES IN THE CBD (CENTRAL BUSINESS DISTRICT) RELATING TO
GENERAL WHOLESALE ACTIVITIES; CONTAINING A REPEALER
PROVISION AND 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
Gort, seconded by Commissioner Plummer, 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 Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11613.
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.
181 February 24, 1998
32. SECOND READING ORDINANCE: AMEND ARTICLE 9 OF ZONING
ORDINANCE 11000 -- ADD NEW SECTION: VENDING ON PRIVATE
CONSTRUCTION SITES -- SET FORTH REGULATIONS PRIOR TO
ISSUANCE OF CERTIFICATE OF OCCUPANCY -- APPLICANT: PLANNING
AND DEVELOPMENT.
VICE CHAIRMAN TEELE: Next item.
MS. SLAZYK: PZ-10 is a second reading ordinance to allow
vending from vehicles on private construction sites. The
way this is written there's a lot of safe guards as well.
They have to obtain all licenses and vending approvals, per
the City Code. The vending will be limited to prepared
foods only; and active construction sites only and only
until the CO is issued. This is with all the major
construction we have going on in the City.
COMMISSIONER PLUMMER: Now, let me ask you. You're talking
about the roach coach?
MS. SLAZYK: Yeah.
COMMISSIONER PLUMMER: They all have those weird, weird
horns at 6 a.m. that I keep getting complaints about. How
are you going to address that problem?
MS. SLAZYK: Well, that problem is actually a noise
ordinance.
COMMISSIONER PLUMMER: They all have these weird horns
making noises. I think it's unfair to the neighbors,
really, okay?
It's like the sanitation people that go in there in the
dumpsters at 5:30 in the morning in a residential area.
MS. SLAZYK: Unfortunately, I don't think that's something
we can control with zoning because it is -- if they are on -
COMMISSIONER PLUMMER: What about if I deny this?
MS. SLAZYK: Then, they can't pull up to the private
construction sites.
COMMISSIONER PLUMMER: Can we limit the hours that they can
pull up to the private construction sites?
MS. SLAZYK: It will still be a policing problem.
182 February 24, 1998
COMMISSIONER REGALADO: It starts at 7 in the morning.
COMMISSIONER PLUMMER: Sir, my neighbors like to sleep until
8. Now, what I'm saying to you, I have no problem from 9 to
9.
COMMISSIONER GORT: You don't have any construction taking
place in your neighborhood.
COMMISSIONER REGALADO: They do in Brickell.
COMMISSIONER PLUMMER: My neighbors have a lot of
construction.
VICE CHAIRMAN TEELE: Gentlemen, it's 7 o'clock.
COMMISSIONER PLUMMER: Okay. I can impose a condition;
correct?
MR. MAXWELL (INTERIM CITY ATTORNEY): That particular
condition probably would not be a proper one. It is not
related to the use. However, Commissioner --
COMMISSIONER PLUMMER: I will defer. Let me find a way. I
move to defer.
MR. MAXWELL (INTERIM CITY ATTORNEY): I think it is
probably controlled under the noise ordinance. There is
already a noise ordinance
MS. SLAZYK: It's a noise ordinance. It is a police issue.
The noise ordinance is a police problem.
MR. MAXWELL(INTERIM CITY ATTORNEY): Under the noise
ordinance, they can start construction activities at 7 a.m.
COMMISSIONER REGALADO: Come on, these people, J.L., these
people would be visiting all the Brickell construction
sites.
COMMISSIONER PLUMMER: We have a tremendous amount of things
going in there. My complaints have been coming from the
1400 block of Bayshore Drive. You have two major
constructions and you're now we are going to have
construction of two 700 feet buildings.
COMMISSIONER REGALADO: You also have a full time police
officer there.
183 February 24, 1998
COMMISSIONER PLUMMER: Look, all I'm asking is that they be
allowed to go from 8 to 9, 9 to 9.
VICE CHAIRMAN TEELE: The attorney has said that it's
difficult to place that as a restriction. I mean, I support
you in a residential neighborhood. I mean --
COMMISSIONER PLUMMER: Well --
VICE CHAIRMAN TEELE: I'd me hard pressed --
COMMISSIONER REGALADO: Can we send just a notice, hey,
don't honk the horn?
VICE CHAIRMAN TEELE: I'd be hard pressed to protect the
last owl who is still trying to find his home.
COMMISSIONER PLUMMER: Okay, guys, when they call you guys,
I want to remind you, I'm going to tell them all and give
them your phone numbers at 2 in the morning when that horn
goes off.
MR. MAXWELL (INTERIM CITY ATTORNEY): If I may, Mr.
Chairman?
VICE CHAIRMAN TEELE: Yes.
MR. MAXWELL (INTERIM CITY ATTORNEY): There was concern
raised, too, as to the ability of these operators to also
make sales to the general public. Therefore, if we can
have, you could place a restriction in there that says they
have to be a certain distance away from the right-of-way and
not have that particular problem.
COMMISSIONER PLUMMER: So, they have to take out an
occupational license in the City of Miami?
MR. MAXWELL (INTERIM CITY ATTORNEY): Yes, they do.
COMMISSIONER PLUMMER: I bet you if you check, you'll not
find.
MR. MAXWELL (INTERIM CITY ATTORNEY): They're required to.
COMMISSIONER PLUMMER: They are required, be we are not
check. I'm voting against it. You all do what you want. I
think it's an imposition to the neighbors, that they are
absolutely annoying the neighbors. You all want to pass it,
pass it.
184 February 24, 1998
COMMISSIONER GORT: Let me ask a question of staff. My
understanding is those vendors license are given out, they
got the rights to pull on the sidewalk and blow the horn and
do whatever they want without pulling into the construction
site. All we're doing here is allowing them to pull into
the construction site and keep inside the constructed
instruction site rather than sidewalk.
MS. SLAZYK: And keep it off the street.
MR. MAXWELL (INTERIM CITY ATTORNEY): They can do that in
certain districts.
COMMISSIONER PLUMMER: I made my point clear, and I'm going
to make my vote clear. You all do what you want.
COMMISSIONER REGALADO: Move item.
VICE CHAIRMAN TEELE: Mr. Clerk, call the roll, please. Mr.
City Attorney, read the ordinance
MR. MAXWELL (INTERIM CITY ATTORNEY): An Ordinance amending
Ordinance no. 11000, as amended, the zoning ordinance of the
city of Miami, Florida, to introduce new section 950 to
Article 9, to allow limited vending activities within
private construction sites until a certificate of occupancy
is issued; containing a repealer provision and a
severability clause; providing for an effective date.
VICE CHAIRMAN TEELE: Mr. Clerk, is there any person
desiring to be heard? If not, the attorney -- the Clerk
will call the roll.
CITY CLERK WALTER FOEMAN: I have a movant. Need a second.
COMMISSIONER REGALADO: Second.
VICE CHAIRMAN TEELE: Moved by Commissioner Gort. Second by
Commissioner Regalado.
185 February 24, 1998
An Ordinance entitled
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO INTRODUCE
NEW SECTION 950 TO ARTICLE 9, TO ALLOW LIMITED VENDING
ACTIVITIES WITHIN PRIVATE CONSTRUCTION SITES UNTIL A
CERTIFICATE OF OCCUPANCY IS ISSUED; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; 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
Gort, 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 Tomas Regalado
Chairman Humberto Hernandez
NAYS: Commissioner J. L. Plummer, Jr.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11614.
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.
33. AMEND ZONING ORDINANCE 11000, ARTICLE 9, SECTION 936, TO
MODIFY PARKING REQUIREMENTS TO ALLOW, BY SPECIAL EXCEPTION,
FOR UP TO A 50 PERCENT REDUCTION IN PARKING FOR CHILD
DAYCARE CENTERS LICENSED FOR OVER 100 CHILDREN, THAT ACCEPT
VOUCHERS FOR AND PROVIDE CHILD DAYCARE SERVICES TO LOW
INCOME OR WELFARE RECIPIENTS.
VICE CHAIRMAN TEELE: Next item.
MS. SLAZYK: PZ-11, is a second reading ordinance to allow
fifty percent parking reduction for daycare centers for over
100 children that accept welfare or other forms of reduced
child care and cost for low income.
COMMISSIONER PLUMMER: Move it.
186 February 24, 1998
COMMISSIONER GORT: Second.
VICE CHAIRMAN TEELE: Moved by Plummer, seconded by Gort.
COMMISSIONER PLUMMER: A lot of money coming down for day
care and they need day care centers.
VICE CHAIRMAN TEELE: Read the ordinance.
MR. MAXWELL (INTERIM CITY ATTORNEY): An ordinance amending
Ordinance no. 11000, as amended, the zoning ordinance of the
city of Miami, Florida, to introduce new section 950 to
Article 9, to allow limited vending activities within
private construction sites until a certificate of occupancy
is issued; containing a repealer provision and a
severability clause; providing for an effective date.
VICE CHAIRMAN TEELE: Any person desiring to be heard, if
not, the public hearing is closed.
Mr. Clerk, call the roll.
187 February 24, 1998
An Ordinance entitled
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO INTRODUCE
NEW SECTION 950 TO ARTICLE 9, TO ALLOW LIMITED VENDING
ACTIVITIES WITHIN PRIVATE CONSTRUCTION SITES UNTIL A
CERTIFICATE OF OCCUPANCY IS ISSUED; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; 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 Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11615.
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.
188 February 24, 1998
34. SECOND READING ORDINANCE: AMEND ARTICLE 6, SECTION 606
(CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT) OF ZONING
ORDINANCE 11000 -- MODIFY SECTION 606.8: MINIMUM YARD
SETBACKS, OPEN SPACE AND RESIDENTIAL RECREATION SPACE --
CORRECT / CLARIFY LANGUAGE IN OTHER SUBSECTIONS --
APPLICANT: PLANNING AND DEVELOPMENT.
MS. SLAZYK: PZ-12 is an amendment to the zoning ordinance.
Also second reading, to modify the setback provisions in SD-
6. This is something we came across in reviewing for the
new Performing Arts Center that there was some very language
and some very difficult to administer, actually
contradicting itself language, on setbacks. This is
clarifying all of that and getting rid of all the
contradictions so it's a lot easier to administer and makes
more sense for the district now.
COMMISSIONER PLUMMER: I have a question. Commissioner
Teele, I hope you're listening. Is this in any way
eliminate any control that the City might have over the
Performing Arts?
MS. SLAZYK: No, no, they need a major use specialty permit.
They're going to their first hearing March 2nd.
COMMISSIONER PLUMMER: What controls does the City have over
that?
MS. SLAZYK: You are going to be doing the same thing as the
Arena and all the other major uses. You will be issuing a
development order.
COMMISSIONER PLUMMER: And in such, then we have the right
to require a first source agreement?
MS. SLAZYK: Yes, sir. And the traffic study and everything
else.
COMMISSIONER PLUMMER: Okay. And so in reference to item 17
today, as we are going to put stipulations on the Arena, we
can likewise do that in the major use permit; is that
correct?
MS. SLAZYK: Yes, sir.
COMMISSIONER PLUMMER: My final question, is the Performing
Arts under the DDA application?
189 February 24, 1998
MS. SLAZYK: No. No. They don't need a DRI amendment.
Just a major use special permit.
COMMISSIONER PLUMMER: Okay. You might inform them that --
I hope we're going to look at that.
VICE CHAIRMAN TEELE: Yeah. Especially in the area of
Wynwood and Overtown.
COMMISSIONER PLUMMER: Yes, sir.
MS. SLAZYK: Let me clarify something, actually, for the
record. The DRI amendment that you'll be hearing later
today, actually affects both of those. The Arena more so
immediately because the Performing Arts filed afterwards.
But by filing first, the Arena took all the seats left in
the DRI. So they both need it.
COMMISSIONER PLUMMER: Am I possibly the only one that has
not seen plans for the Performing Arts?
MS. SLAZYK: No, they have not been sent to anybody because
they're doing their first hearing, the zoning board hearing
next Monday. You'll get your book and the plans.
COMMISSIONER PLUMMER: We haven't seen any regulations
relating to parking. We haven't seen any relation to
transportation studies?
MS. SLAZYK: They have submitted to the City, a traffic
study but like the Arena, the traffic management plan is
something that will come later when the operations people
are on board.
COMMISSIONER PLUMMER: Thank you.
VICE CHAIRMAN TEELE: Please read the article.
CITY CLERK WALTER FOEMAN: Excuse me. I need a movant and a
second, please.
VICE CHAIRMAN TEELE: Is there a mover?
COMMISSIONER GORT: Yes.
COMMISSIONER REGALADO: Second.
VICE CHAIRMAN TEELE: Moved by Commissioner Gort, second by
Regalado. Please read the ordinance
190 February 24, 1998
MR. MAXWELL (INTERIM CITY ATTORNEY): An Ordinance amending
Ordinance No. 11000, as amended, the zoning ordinance of the
City of Miami, Florida, by amending Article 6, Section
606.8, to modify provisions regarding setbacks within the
central commercial residential district; further amending
subsection 606.3.2, to modify the considerations in Class II
permit determination; containing a repealer provision and
severability clause; and providing for an effective date.
VICE CHAIRMAN TEELE: Any person desiring to be heard? If
not, public hearing is closed. Call the roll.
An Ordinance entitled
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 6, SECTION 606.8, TO MODIFY PROVISIONS REGARDING
SETBACKS WITHIN THE CENTRAL COMMERCIAL RESIDENTIAL DISTRICT;
FURTHER AMENDING SUBSECTION 606.3.2, TO MODIFY THE
CONSIDERATIONS IN CLASS II PERMIT DETERMINATION; CONTAINING
A REPEALER PROVISION AND 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
Gort, 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 Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11616.
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.
191 February 24, 1998
35. SECOND READING ORDINANCE: AMEND ARTICLE 6, SECTION
602.10.1 OF ZONING ORDINANCE 11000 -- MODIFY METHOD OF
PAYMENT FOR SUPPLEMENTARY PARKING WAIVERS -- FOR SD-2
COCONUT GROVE CENTRAL COM4ERCIAL DISTRICT -- APPLICANT:
PLANNING AND DEVELOPMENT.
VICE CHAIRMAN TEELE: Next item?
MR. FRANCISCO GARCIA (PRINCIPAL LAND DEVELOPMENT
SPECIALIST): Item 13. It is a proposal to change the
method of payment that presently exists for parking waivers
in the Coconut Grove Central Commercial District from a
quarterly basis to a monthly basis. We think this will
greatly enhance the ability of Off Street Parking to
administer this process. We recommend approval.
VICE CHAIRMAN TEELE: Any objection to this? All right.
Mr. Attorney, read -- is this a motion?
COMMISSIONER GORT: It's J.L.'s district.
COMMISSIONER PLUMMER: Okay. This is item 13, Coconut Grove
Central.
The only question I have. I'm sorry that I was ordering
coffee to keep me awake. How does this tie in with the
parking that Mr. Cook is doing; and the payment of the
parking, into the parking trust fund? Does this alter that
in any way?
MR. GARCIA: No, sir, the amount to be paid is exactly the
same. It will simply be prorated from a quarterly basis to
actually down to a monthly basis. That's essentially it.
COMMISSIONER PLUMMER: Okay. But again, no one can sell
their property without the necessary required parking until
the matter is completely paid up; am I correct?
MR. GARCIA: Exactly correct.
COMMISSIONER PLUMMER: That's all I'm worried about. I vote
yes.
VICE CHAIRMAN TEELE: Would you move it first?
COMMISSIONER PLUMMER: I move it.
COMMISSIONER GORT: Second.
192 February 24, 1998
VICE CHAIRMAN TEELE: Moved by Commissioner Plummer, second
by Commissioner Gort. Is there any person desiring to be
heard? If not, the attorney will read the ordinance.
MR. MAXWELL (INTERIM CITY ATTORNEY): An Ordinance amending
Ordinance No. 11000, as amended, the zoning ordinance of the
City of Miami, Florida, by amending Article 6, Section
602.10.1, to modify the method of payment for supplementary
parking waivers of off-street parking for the SD-2 "Coconut
Grove Central Commercial District"; containing a repealer
provision and severability clause; and providing for an
effective date.
VICE CHAIRMAN TEELE: Any person desiring to be heard? The
public hearing is closed. Mr. Clerk, call the roll.
An Ordinance entitled 11617
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 6, SECTION 602.10.1, TO MODIFY THE METHOD OF PAYMENT
FOR SUPPLEMENTARY PARKING WAIVERS OF OFF-STREET PARKING FOR
THE SD-2 "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT";
CONTAINING A REPEALER PROVISION AND 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 Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11617.
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.
193 February 24, 1998
36. DIRECTIVE TO CITY CLERK TO EXPLORE ELECTRONIC VOTE
SYSTEM FOR COMMISSIONERS.
COMMISSIONER PLUMMER: Mr. Vice Chairman, if I may. Mr.
City Manager, you know, I thought I would maybe hear, this
from Commissioner Teele. Just real quick like, I think it
would behoove us, in the essence of time, I hear at the
County, lock the ballot, count the vote. Instead of having
to go through a roll call on the ordinance, they have a
machine, you push a button yes or no; if it's not too
expensive I think it's worthwhile that we look into it.
COMMISSIONER GORT: Too expensive.
COMMISSIONER PLUMMER: The ballot system that you have in
the County?
VICE CHAIRMAN TEELE: That's expensive.
COMMISSIONER PLUMMER: If it's expensive, forget it, if it
can be done very simply, the clocks up there, we're not
cheap, either. I'm just saying in the essence of time, Art.
If it can be done cheap, do it; if it can't, then forget it.
VICE CHAIRMAN TEELE: The Clerk will call the roll.
VICE CHAIRMAN TEELE: Yes, sir. Next item.
37. SECOND READING ORDINANCE: AMEND ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS OF ZONING ORDINANCE 11000 -
- ALLOW FOR HOTEL USES ALONG BRICKELL AVENUE CORRIDOR AT
INTERSECTION OF S.E. 25 ROAD -- APPLICANT: PLANNING AND
DEVELOPMENT.
MS. SLAYZK: PZ-14 is a second reading ordinance, it's an
amendment regarding hotels. I was asked some questions at
first reading and asked to clarify. I provided a cover memo
in your package. The first of the amendments in this is for
that section of R-4 zoning, the intersection Southeast 25th
Road and Brickell Avenue; the Brickell Homeowners
Association have written us a letter in favor and the second
one is to require a class two instead of special exception
for hotels, and C-2.
COMMISSIONER PLUMMER: You're speaking of that very
congested area?
MS. SLAZYK: Well, you know, the project, there was a
194 February 24, 1998
project approved on that site several years ago, Chateau
Miratage which was a high density residential project.
COMMISSIONER PLUMMER: High density?
MS. SLAZYK: It was high density. 168 units. This would
allow a hotel on the same site where we already did all the
analysis and concluded a high density project would be
appropriate.
COMMISSIONER PLUMMER:
Rickenbacker?
MS. SLAZYK: It's near.
Right by the entrance to the
COMMISSIONER PLUMMER: Yeah, that's what I thought.
MS. SLAZYK: We recommend approval.
VICE CHAIRMAN TEELE: All right. Discussion? Is there a
motion?
COMMISSIONER PLUMMER: Absolutely. Move it.
COMMISSIONER REGALADO: Second.
VICE CHAIRMAN TEELE: Moved by Commissioner Plummer,
seconded by Regalado. Discussion, objection, any person?
Mr. City Attorney, read the ordinance.
MR. MAXWELL (INTERIM CITY ATTORNEY): An ordinance amending
Ordinance No. 11000, as amended, the zoning ordinance of the
City of Miami, Florida, by amending Article 4, Section 401,
schedule of district regulations, to all ow hotels,
conditionally, within that portion of the "R-4" Zoning
District along the Brickell Avenue corridor at its
intersection with Southeast 25th Road; further, to allow
motels and hotels by Class II special permit in the "C-2"
liberal commercial district; containing a repealer provision
and severability clause; and providing for an effective
date.
VICE CHAIRMAN TEELE: Any person desire to be heard should
come forth. There are no persons coming forth. Clerk call
the roll.
195 February 24, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
ALL OW HOTELS, CONDITIONALLY, WITHIN THAT PORTION OF THE "R-
4" ZONING DISTRICT ALONG THE BRICKELL AVENUE CORRIDOR AT ITS
INTERSECTION WITH SOUTHEAST 2518 ROAD; FURTHER, TO ALLOW
MOTELS AND HOTELS BY CLASS II SPECIAL PERMIT IN THE "C-2"
LIBERAL COMMERCIAL DISTRICT; CONTAINING A REPEALER PROVISION
AND 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 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 Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11618.
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of
the City Commission and to the public.
VICE CHAIRMAN TEELE: Next item.
196 February 24, 1998
38. TABLE TO LATER IN SESSION CONSIDERATION OF AGENDA ITEM
PZ-15 -- SEE LABEL 41.
MS. SLAZYK: PZ-15 is an amendment to the Latin Quarter SD-14
District, in order to allow coin laundry and dry cleaning
operations.
VICE CHAIRMAN TEELE: Can we temporarily pass that item?
That is the Chairman's area, I believe. Go to the next one.
39. FIRST READING ORDINANCE: AMEND ARTICLE 9, SECTION 906:
ACCESSORY USES AND STRUCTURES OF ZONING ORDINANCE 11000 --
ADD ACCESSORY BANKING AND TRAVEL SERVICE USES WITHIN R-3 --
AMEND ARTICLE 25, SECTION 2502 TO ADD DEFINITIONS --
APPLICANT: PLANNING AND DEVELOPMENT.
MS. SLAZYK: Okay. PZ-16 was
at February loth meeting. It
high density projects, R-3.
the item that was reconsidered
is to allow accessory uses in
COMMISSIONER PLUMMER: Mr. Vice Chairman?
VICE CHAIRMAN TEELE: Yes, sir.
COMMISSIONER PLUMMER: I was not aware that this in fact was
on an individual basis. Each application would have to come
back before this Commission; and as such, I have no problem.
I'll move it.
MS. SLAZYK: One clarification. Not all of them would
necessarily come back here. Some of them are class 2's. It
depends on what they're applying for but some may and some
would be administrative.
COMMISSIONER PLUMMER: As long as they --
MS. SLAZYK: They'll get the reviewed.
COMMISSIONER PLUMMER: Okay, that's fine. I move it.
COMMISSIONER REGALADO: Second.
VICE CHAIRMAN TEELE: Moved by Commissioner Plummer,
seconded by Commissioner Regalado. Attorney, read?
MR. MAXWELL (INTERIM CITY ATTORNEY): An ordinance amending
Ordinance 11000 is amending the zoning ordinance of the City
of Miami, Florida by amending Article 9, Section 906.7 to
197 February 24, 1998
include the R-3 zoning district to add accessory banking and
travel service uses conditionally further amending article
25 section 2502 to add new definition for accessory banking
and travel services containing a repealer provision and
severability clause; and providing for an effective date.
VICE CHAIRMAN TEELE: All right.
CITY MANAGER GARCIA-PEDROSA: So it's clear, is this the
first reading? Sixteen is the first reading. It says second
on the sheet, but it's first. It is a first reading.
VICE CHAIRMAN TEELE: All right. Is there a motion?
COMMISSIONER PLUMMER: Move it.
COMMISSIONER REGALADO: Second.
VICE CHAIRMAN TEELE: Second by Commissioner Regalado.
Clerk, call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE 11000 IS AMENDING THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY AMENDING ARTICLE
9, SECTION 906.7 TO INCLUDE THE R-3 ZONING DISTRICT TO ADD
ACCESSORY BANKING AND TRAVEL SERVICE USES CONDITIONALLY
FURTHER AMENDING ARTICLE 25 SECTION 2502 TO ADD NEW
DEFINITION FOR ACCESSORY BANKING AND TRAVEL SERVICES
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WAS INTRODUCED BY COMMISSIONER PLUMMER, SECONDED BY
COMMISSIONER REGALADO, AND WAS PASSED ON FIRST READING, BY
TITLE ONLY, BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Humberto Hernandez
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of
198 February 24, 1998
the City Commission and to the public.
40. A. AMEND MASTER AND INCREMENT I DEVELOPMENT ORDERS OF
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) --
MODIFY DEVELOPMENT CREDITS IN CERTAIN LAND USE CATEGORIES IN
CONFORMANCE WITH MIAMI COMPREHENSIVE PLAN 1989-2000 --
APPLICANT DOWNTOWN DEVELOPMENT AUTHORITY.
B. GENERAL COMMENTS/ CONDITIONS FOR (ARENA) DOWNTOWN
DEVELOPMENT AREA DRI: PARKING / TRAFFIC CONTROL / MANAGEMENT
PLANS MONITOKING / ENSURING FIRST SOURCE HIRING AGREEMENT
WITHOUT BUR!" TO THE HEAT.
C. COMMENTS REGARDING NEED TO OPEN JOBS TRAINING (WAGES)
SATELLITE OFFICES IN LITTLE HAVANA AND OTHER AREAS --
FURTHER REQUESTING TO ADVERTISE JOB OPENINGS AT MIANi AiNA.
VICE CHAIRMAN TEELE: Next item, I'm going to yield to
Commissioner Plummer because I'd like to make a motion on
this. I realize that this has gone through a lot of
reiterations, I want to apologize to the public and the
applicant. The DDA (Downtown Development Authority). But I
really feel that it was necessary for these delays and I
apologize. Ma'am?
MS. SLAZYK: What I just handed out, the two new conditions.
COMMISSIONER PLUMMER: Wait, wait, wait a minute. Did you
hand the chair over for the purposes of making the motion?
VICE CHAIRMAN TEELE: Let's get it on the floor first.
COMMISSIONER PLUMMER: All right.
MS. SLAZYK: Being that, you know, they're handed out and
submitted to the Clerk and the Attorney for the record, if
you like me to read them, I'll read them in, but they're in
front of you.
COMMISSIONER PLUMMER: Mr. Vice Chairman, I met with the
people on two different or three different occasions. As
you know, I was very concerned about a number of things.
And I have before you a document. I don't know if you've
all had the opportunity to read. But basically, I want to
read, because it is in concurrence with the applicant, the
following: Item 34. The City shall require the operator to
submit a parking inventory as part of the traffic control
199 February 24, 1998
management plan required, be submitted under major special
permit for the Arena, (parking inventory). The parking
inventory will identify the location of not less than 7500
parking spaces guaranteed, guaranteed to be available for
parking for events at the Arena. The guaranteed spaces.
The operator shall be permitted to submit a modification of
the parking inventory on an annual basis, which
modification, must be approved by the City Commission. The
modification which must be submitted to the Planning
Department, City of Miami shall confirm that the minimum
number of guaranteed spaces are being provided. The operator
will have the obligation to ensure that guaranteed spaces
will be available each and every year during the first ten
years of operation of the Arena. The guaranteed spaces will
be located within a reasonable proximity to the Arena. The
on site parking will be considering considered a part of
required guaranteed spaces. I'll stop there, as you know,
the guaranteed spaces are 1200 on site, is it?
MS. SLAZYK: Yes.
COMMISSIONER PLUMMER: Okay. So that takes care of my
concern about the parking aspect. I would like to have had
more but that was a compromise. Now, the second portion is
the traffic control problems that exist and we came up with
this verbiage. The traffic control management plan will
also address issues relating to shuttle services for the
Arena, in conjunction with shuttle initiative being studied
by the applicant. The operator agrees to submit interim
reports on the status of the traffic control management plan
to the City Manager, six months intervals at such time as
the plan has been approved by the City Commission.
It is understood that the traffic control management plan
must be submitted for City Commission approval at least six
months prior to the issuance of a temporary, not permanent,
temporary certificate of occupancy. I made this very, very
crystal clear, that that has not been approved by this City
Commission, don't come crying. Don't come crying.
MR. MAXWELL (INTERIM CITY ATTORNEY): You need to change the
word "must" to "shall".
COMMISSIONER PLUMMER: That's correct. That's been changed
to "shall". Making it mandatory. So that addresses the
problem of the ongoing traffic report.
My other one was brought to me by David Plummer, no
200 February 24, 1998
relation. And that was to form a committee of the DDA, Mr.
Gort, a committee by the DDA, who would have the authority
to in fact try and schedule all, and I'll read the
following: The applicant shall form and chair a committee to
act as a coordinator of events in the downtown area, the
events committee. Specifically, the events committee shall
be used in good faith efforts to coordinate scheduled events
with a special focus on traffic and imparted related issues
at the following locations: American Airlines Arena,
Performing Arts Center, Bayfront Park, the Miami Arena,
Bayside Specialty Center, Miami Gambling Ship and
collectively, the facilities.
The applicants shall require that each of the facilities
appoint a representative to sit on the committee and shall
use its best faith effort to ensure that the representatives
participate in the scheduled events. These do in fact
address my issues; and I am prepared at such time to vote on
the issue. And I would like to personally thank the people
from The Heat, the people of the DDA, the law firms. If I
could remember Judith's name, I would congratulate her and
thank her. Mikki Canton, for the spirit of cooperation to
come about and try to relieve what I think is a necessary
evil. If no one else has?
COMMISSIONER GORT: I think there's the motion.
VICE CHAIRMAN TEELE: Mr. Chairman, I would like to move the
item but I would also like to ensure that the Miami First
Source Hiring --
COMMISSIONER PLUMMER: It's in there.
VICE CHAIRMAN TEELE: -- is incorporated specifically by
reference. But more importantly, Mr. Chairman, Mr. Manager,
I want to commend, I really want to sincerely commend The
Heat Organization and their counsel, and their staff,
because I think this First Source agreement can very well be
the model.
Now, The Heat has been very careful in not proffering to pay
for the monitorings. They have said that the City must do
that.
To the extent funds aren't available. I take it all you all
weren't here this morning, so you don't understand what that
means, but we can be assure --
COMMISSIONER PLUMMER: Oh, they're going to learn.
201 February 24, 1998
VICE CHAIRMAN TEELE: We'll be back in touch with you. I
think it's the spirit and I would only hope, Mr. Manager,
that the Performing Arts Center is on notice that these
hiring agreements are city-wide, but you have to start
somewhere and in the case of the Performing Arts Center,
both Wynwood and Overtown are equally contiguous to that
area, and I would hope that as we move forward, we can look
at that in a way to be very responsive. It is really,
really tragic when, as we heard this morning, from these
gentlemen, when people are standing on the corner, looking
for a job and people are coming through their neighborhood,
literally, getting those jobs and so I without further ado,
I just wanted to sincerely commend The Heat.
This agreement, I believe, may be a model and I really look
forward to the City Manager working to ensure that this
agreement is fully and fairly implemented without a burden
on The Heat; and I want to be very clear. The intent of
this agreement is not for the burden -- to put the burden on
The Heat but to put the heat on the City to be ahead of the
construction cycle, because we do not intend to delay or
stop or in any way impede the construction schedule while
providing these opportunities for other people to work on
it.
So it's with pleasure that I commend The Heat and move the
matter and commend you also for working on the matter with
Commissioner Plummer, as it relates to this very important
parking area and also your willingness to work with us in
the long term issue of the overall parking management. By
working with the university to develop an alternative.
Thank you.
COMMISSIONER GORT: Is that a motion?
VICE CHAIRMAN TEELE: So moved.
COMMISSIONER REGALADO: How can we monitor, Mr. Manager, the
sources of hiring minorities?
MS. SLAZYK: The First Source? The First Source, there will
be a City staff person assigned to that. That's part of the
agreement.
COMMISSIONER REGALADO: And how is this going to work out?
Will they inform the Commission? Inform the Manager?
CITY MANAGER GARCIA-PEDROSA: There are regular reporting
requirements built into the agreement and I have someone
202 February 24, 1998
monitor those.
If you're asking, are we going to do some sort of a check on
that, that's a different story.
COMMISSIONER REGALADO: Yeah. I was asking about that. Go
ahead, Gwen.
MS. GWENDOLYN WARREN: Gwendolyn Warren, Director of the
Office of Work Force Development, City of Miami. As a part
of the First Source hiring agreement, it outlines a
monitoring review process for the hiring of City residents.
It also requires that the referrals to positions in the
project come from the Office of Work Force Development and
that the individuals certified as City residents. It also
requires that specific recruitment in CDBG target areas be
undertaken and also requires for a diverse population.
COMMISSIONER REGALADO: Okay.
MS. WARREN: And monthly oversight and we also have monthly
oversight review of all personnel.
COMMISSIONER REGALADO: I just wanted to hear that because
Mr. Manager, we have not moved on what we said that this
Commission said we had to do. We have not set an office in
Little Havana. I'm sorry?
MS. WARREN: I was instructed to schedule a meeting with you
to talk about our plans to have that office up and
operational by May.
COMMISSIONER REGALADO: By May will be too late.
MS. WARREN: We have staff there now, but our office is not
there.
COMMISSIONER REGALADO: I'm telling you, I'm telling you,
people from Little Havana, West Little Havana, Flagami, are
not going to your office in Allapattah. Why? Because they
don't have the money or transportation to go.
MS. WARREN: We are stationing staff in Little Havana.
CHAIRMAN HERNANDEZ: I think there should be several.
Several offices.
VICE CHAIRMAN TEELE: Satellite offices.
203 February 24, 1998
COMMISSIONER PLUMMER: Let me just tell you, guys. We now
have 33 satellite offices. If there's not one in Little
Havana, as you're liaison to the Consortium, I will bring it
to their attention. But we have 33 across Dade County
presently. For your edification, we now have and have just
received additional monies which I don't want to tell
anybody how much, but we have got a very large amount, a
grant from the State of Florida, additional grant. So if
there is not one Gwenn, I will be meeting with Mr. Alfano
tomorrow, and I will bring that very much to his attention
and ask him to rectify it.
MS. WARREN: Again, to answer the question specifically, we
do have a coordination agreement with training agencies,
SABER, sir, jobs, and Camacol, in Little Havana to provide
the training under WAGES. They have agreed to accept
referrals from us. We are in fact currently trying to find
our own office space there; and we're utilizing other
community agencies right now.
COMMISSIONER REGALADO: Okay. How can we publicize the fact
that we will -- the City will be able to provide jobs in the
construction projects of the Arena?
MS. WARREN: As a part of the agreement, it requires that
there be advertisement of Net 9, and minority publications,
newspapers, radio, and that recruitment will be listed
through us. We will be on line with all the unemployment,
Department of Labor offices in the City of Miami. All jobs
openings and minimum requirements will be listed through
that Internet job system, that the City is helping to
coordinate. So, within 24 hours, it will be there.
COMMISSIONER PLUMMER: For your edification, CAMACOL, alone
was granted $800,000 for WAGES.
VICE CHAIRMAN TEELE: I got to tell you. I respect Mr.
Regalado, but there's no agency in Little Haiti.
COMMISSIONER PLUMMER: Excuse me, there are.
VICE CHAIRMAN TEELE: Not from the City.
COMMISSIONER PLUMMER: Sir -- oh, no. From the consortium
where I sit.
VICE CHAIRMAN TEELE: Not from the City.
COMMISSIONER PLUMMER: Excuse me, sir, I will speak to you
204 February 24, 1998
outside of the meeting, we do have one from the Consortium.
VICE CHAIRMAN TEELE: No, I've already paid my fine to the
State's Attorney. You're not talking to me outside the
meeting. Anything you got to say, you say right here.
MS. WARREN: I again, I have good news for everybody.
COMMISSIONER PLUMMER: Then, I'm sorry, I've got to
embarrass people. All right. But I've got to tell you the
truth. The truth of the matter is, a cap has been put on a
direct cash payment.
MS. WARREN: Again sir, just for -- the City of Miami
received two million dollars ($2,000,000) to do wages, to
implement employment transition centers. That includes
three training facilities. One in Little Havana, one in
Little River community and one in Allapattah with two
satellite light offices in Coconut Grove and Overtown.
We're currently in the process of putting together the
implementation program to bring all of those centers on
line. We opened up our first initial city center, which is
in Allapattah. The reason we selected the area is because
it's in the center of the City, because of the
transportation. And the Commissioners direction to have our
office move out of the DuPont. That has been completed.
The next phase at this point is to identify the space for
the Little Havana, Little River community. That will be
done before the end of this contract year.
COMMISSIONER PLUMMER: Don't you have space in the police
department sub -station?
MS. WARREN: No, we do not.
COMMISSIONER PLUMMER: Why?
MS. WARREN: Several reasons. The police department has
indicated that they lack the space. Also --
COMMISSIONER PLUMMER: You know --
MS. WARREN: The nature of our agreement and our clientele.
COMMISSIONER PLUMMER: Mr. Manager, would you look into it.
The police department ain't going to tell you they have
space at all. They don't want anybody looking over their
shoulders.
205 February 24, 1998
MS. WARREN: One last point. It is very difficult for our
client population to utilize the police department as an
employment center. Given the nature of our client
population, it's not quite the appropriate match. They're
not comfortable there.
VICE CHAIRMAN TEELE: Call the question. Do you have a
motion?
CHAIRMAN HERNANDEZ: We have the motion by Vice Chairman
Teele. Seconded by Commissioner Gort.
COMMISSIONER PLUMMER: We sure got a hell of a long way away
from the Arena.
CHAIRMAN HERNANDEZ: Discussion? Roll call.
206 February 24, 1998
The following resolution was introduced by Vice Chairman
Teele, who moved its adoption.
RESOLUTION 98-219
A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I
DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87-1149
ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION NOS. 91-
698 ADOPTED SEPTEMBER 26, 1991, AND RESOLUTION NOS. 94-849
AND 94-850ADOPTED NOVEMBER 17, 1994), FOR THE AREA OF THE
CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN
DEVELOPMENT AUTHORITY (MORE PARTICULARLY DESCRIBED IN
EXHIBITS 1 AND 2 ATTACHED HERETO), BY AMENDING THE MASTER
AND INCREMENT I DEVELOPMENT ORDERS BY SIMULTANEOUSLY
INCREASING AND DECREASING THE QUANTITIES OF DEVELOPMENT IN
CERTAIN LAND USE CATEGORIES; ADDING NEW CONDITIONS; FINDING
THAT THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS
PER CHAPTER 380, FLORIDA STATUTES (1997); AND ALSO FINDING
THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000.
(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
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
207 February 24, 1998
41. FIRST READING ORDINANCE: AMEND ARTICLE 6, SECTION 614:
LATIN QUARTER CONMRCIAL-RESIDENTIAL DISTRICTS -- MODIFY
CONDITIONAL USES PERTAINING TO COIN LAUNDRY AND DRY CLEANING
OPERATIONS -- APPLICANT: PLANNING AND DEVELOPMENT -- SEE
LABEL 38.
MS. LOURDES SLAZYK (ASSISTANT DIRECTOR, PLANNING AND
DEVELOPMENT DEPARTMENT): We tabled PZ-15 until the Chairman
was back.
CHAIRMAN HERNANDEZ: Thank you. Congratulations. Good Luck.
COMMISSIONER PLUMMER: PZ-15 is in his district so we tabled
it until he got back.
CHAIRMAN HERNANDEZ: Yes. PZ-15.
MS. SLAZYK: PZ-15 is an amendment to the Latin Quarter SD-
14 District to allow the coin laundry and dry cleaning. The
Latin Quarter, this was a use that was eliminated from this
district years ago, but the Latin Quarter is very unique in
that it's a true mixed use district.
There are people that live there, they work there, there's
commercial there. This is one of the areas in the City
where people walk to, you know, their businesses and their
services from their homes it's a true walking community.
And one of their daily service needs that they desperately
need in this area and there have been no new ones in a while
because of this prohibition, is dry cleaning and coin
laundry. So, this would allow that type of use in SD-14 by
class two special permit. Also so we can make sure that
it's designed and oriented in a way that it would not
disrupt the pedestrian traffic, pedestrian flow of traffic
in the Latin Quarter.
COMMISSIONER PLUMMER: Move it. It's in your district.
CHAIRMAN HERNANDEZ: Yeah, I have no problem with it.
MS. SLAZYK: Yeah, we've had a lot of very favorable response
so far.
COMMISSIONER GORT: I'll second it with the discussion.
CHAIRMAN HERNANDEZ: Motion by Commissioner Plummer,
seconded by Commissioner Gort. Discussion?
208 February 24, 1998
COMMISSIONER GORT: One of the things I'd like to see, we
put this back together in 1978, unfortunately what we wanted
to do is not working, so, I think it has, and I have told
Mr. Casanova that we should look into it.
MS. SLAZYK: The whole district should be looked at again.
COMMISSIONER GORT: The whole district should be looked
into, to make it more feasible for the people to build. I
don't have any problems with some of the constructions,
architecture design as you go along with it, but not make it
to too restrictive. For those reasons, I second the
motion.
COMMISSIONER PLUMMER: Call the roll.
CHAIRMAN HERNANDEZ: Call the roll, please.
CITY CLERK WALTER FOEMAN: We need to read the ordinance.
MR. MAXWELL: An ordinance amending Ordinance 11000, as
amended, the Zoning Ordinance of the City of Miami, by
amending Article y, Section 614 Latin Quarter Commercial -
Residential and residential districts in order to modify
Conditional uses pertaining to coin laundry and dry cleaning
operations, containing a repealer provision and severability
clause; and providing for an effective date.
COMMISSIONER PLUMMER: Call the roll.
209 February 24, 1998
An Ordinance entitled
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE
Y, SECTION 614 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND
RESIDENTIAL DISTRICTS IN ORDER TO MODIFY CONDITIONAL USES
PERTAINING TO COIN LAUNDRY AND DRY CLEANING OPERATIONS,
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by
Commissioner Gort, and was passed on first reading, by title
only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of
the City Commission and to the public.
42. ALLOCATE $240,000 ADVANCE FOR FISCAL YEAR 97098 TO
6AYFRONT PARK MANAGEMENT TRUST.
CHAIRMAN HERNANDEZ: Are we ready for pocket items?
COMMISSIONER PLUMMER: First of all, not a pocket item but
I'm going to inform my colleagues that deal with Gusman is
progressing very, very nicely, and I would hope that I shall
have an announcement by the 10th of March in reference to
that.
The First Source Hiring agreement we've got. Mr. Vice
Chairman and Chairman. I have a problem at Bayfront Park.
Are you listening?
CHAIRMAN HERNANDEZ: Yes.
COMMISSIONER PLUMMER: No, you're not. I have been hit with
two major problems at Bayfront Park. Not of my own
210 February 24, 1998
choosing, nor could I stop. We lost the full backing of
AT&T. They could only do it half a year. And when we sold
the FEC property to the County, we were deriving
approximately 120 thousand dollars ($120,000) a year from
that source for Bayfront Park revenue.
COMMISSIONER GORT: We haven't sold that yet.
COMMISSIONER PLUMMER: Well, yes, they've taken possession
and we can't use it. What I'm asking my colleagues is to
grant me the following: A resolution authorizing the City
Manager to provide an advance in the amount of $240,000, to
the Bayfront Park Management Trust from the Trust FY 98-99
budgetary allocation to offset the loss of said income, in
fiscal year 97-98. I'm only asking for an advance. Okay?
I will move it.
Man: Sorry, we don't have that money right now.
COMMISSIONER REGALADO: Second for discussion.
CHAIRMAN HERNANDEZ: Under discussion.
COMMISSIONER GORT: I want to ask a question. My
understanding is we have not closed the transaction with
Dade County?
CITY MANAGER GARCIA-PEDROSA: For?
COMMISSIONER GORT: For the --
CITY MANAGER GARCIA-PEDROSA: We closed the FEC sale. What
we haven't done, we're still negotiating the Bicentennial
Park sale.
COMMISSIONER GORT: Okay.
CITY MANAGER GARCIA-PEDROSA: The money for the FEC park is
in escrow.
COMMISSIONER GORT: Okay.
COMMISSIONER PLUMMER: All right. Mr. Chairman, I call --
hello? I call the question.
CHAIRMAN HERNANDEZ: There's a motion on the floor by
Commissioner Plummer. Seconded by Commissioner Gort. All
those in favor say aye.
211 February 24, 1998
The following resolution was introduced by Commissioner
Plummer, who moved its adoption.
RESOLUTION 98-220
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE AN
ADVANCE IN THE AMOUNT $240,000, TO THE BAYFRONT PARK
MANAGEMENT TRUST (TRUST), FORM THE TRUST'S FY 1998/99
BUDGETARY ALLOCATION, TO OFFSET THE LOSS OF SAID INCOME IN
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 Commissioner Gort, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
COMMISSIONER PLUMMER: Sir, I do not have a second pocket
item.
13. APPOINT ELI FEINBERG TO MIAMI SPORTS AND EXHIBITION
4UTHORITY.
CHAIRMAN HERNANDEZ: No nays.
COMMISSIONER PLUMMER: Sir, I do not have a second pocket
item.
CHAIRMAN HERNANDEZ: Thank you very much. Commissioner
Gort, do you have a pocket number? No.
COMMISSIONER PLUMMER: Yes, you do. It's been handed to me.
I think it's an appointment.
COMMISSIONER REGALADO: Hey, it's here.
COMMISSIONER GORT: I understand that was made already.
212 February 24, 1998
COMMISSIONER PLUMMER: Talk to Cooper; he's around here
throwing papers like he knew what he was doing.
COMMISSIONER GORT: Mr. Clerk, my understanding is I have
done that appointment.
CITY CLERK WALTER FOEMAN: No, Commissioner. Mr. Eli
Feinberg is not --
COMMISSIONER GORT: Eli Feinberg to the Sports authority.
COMMISSIONER PLUMMER: I move to deny.
COMMISSIONER GORT: I move that the name proffered be
accepted.
COMMISSIONER REGALADO: Second.
CHAIRMAN HERNANDEZ: Motion to approve Eli Feinberg to Miami
sports and exhibition authority by Commissioner Gort.
Seconded by Commissioner Regalado. All those in favor say
aye.
213 February 24, 1998
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION 98-221
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR A
TERM AS DESIGNATED HEREIN.
(Here follows the 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
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
44. AMEND R 98-171 (BENEFITS FOR CITY MANAGER / CITY
ATTORNEY / CITY CLERK / MEMBERS OF CITY COMMISSION) --
DELETE SECTIONS 2 AND 3 (BENEFITS FOR CITY ATTORNEY AND CITY
CLERK) -- FORMALIZE MOTION 98-192 -- DIRECT CITY MANAGER TO
PROVIDE FOR COSTS OF CERTAIN BENEFITS TO CITY COMMISSION
EFFECTIVE OCTOBER 1, 1998. (See label 4)
CHAIRMAN HERNANDEZ: Commissioner Regalado?
COMMISSIONER REGALADO: Mr. Chairman, I have a resolution
that was amended this morning by the City Attorney regarding
the City Manager benefits. In this new resolution the one
adopted February loth, it is amended by deleting sections 2
and 3, which set forth and authorize the benefits to be
received by the City Attorney and the City Clerk. So I --
as we discussed, this is the new resolution for the City
Manager benefits and members of the City Commission. I move
it.
CHAIRMAN HERNANDEZ: Motion on the floor by Commissioner
Regalado. Is there a second?
214 February 24, 1998
COMMISSIONER PLUMMER: I really hate to do this. He looks
too happy. Yes, I'll second the motion.
CHAIRMAN HERNANDEZ: There's a second by Commissioner
Plummer.
Further discussion? Staff, Commission? Hearing none, all
those in favor, say aye.
The following resolution was introduced by Commissioner
Regalado, who moved its adoption.
RESOLUTION 98-222
A RESOLUTION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO.
98-171, ADOPTED FEBRUARY 10, 1998, BY RESCINDING AND
DELETING SECTIONS 2 AND 3, IN THEIR ENTIRETY, WHICH SECTIONS
SET FORTH AND AUTHORIZED THE BENEFITS TO BE RECEIVED BY THE
CITY ATTORNEY AND THE CITY CLERK; FURTHER FORMALIZING MOTION
NO. 98-192, ADOPTED FEBRUARY 10, 1998, THEREBY DIRECTING THE
CITY MANAGER TO INCLUDE IN THE PREPARATION OF THE FISCAL
YEAR 1998-1999 BUDGET, FUNDING TO COVER THE COST OF CERTAIN
BENEFITS TO BE RECEIVED BY THE MEMBERS OF THE CITY
COMMISSIONER, EFFECTIVE OCTOBER 1, 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
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
215 February 24, 1998
45. APPOINT DARLENE Y. BELL-ALEXANDER, ESQUIRE AND YOLLY
?,OBERSON TO SELECT ADVISORY COMMITTEE FOR CITY ATTORNEY
POSITION.
COMMISSIONER PLUMMER: Are we ready to go home?
VICE CHAIRMAN HERNANDEZ: Dose vice Chairman Teele have a
pocket item?
CITY MANAGER GARCIA-PEDROSA: Oh, no, no, no.
VICE CHAIRMAN TEELE: Mr. Chairman, in the last meeting,
there were -- there was, I think, a problem. Mr. Clerk,
what was the problem with the Clerk of the person that was
named? We need to ratify the Mayor's appointment to the --
to the legal to the City Attorney's Selection Committee.
CHAIRMAN HERNANDEZ: That's right. There were two members
to the Committee, Selection Committee for City Attorney.
CITY CLERK WALTER FOEMAN: One is Vice Chairman Teele's --
VICE CHAIRMAN TEELE: Would you read the names, please.
CITY CLERK WALTER FOEMAN: Yolly Roberson, Vice Chairman
Teele's appointment, and the Mayor's appointment is Darleen
Belle Alexander. We need to ratify.
VICE CHAIRMAN TEELE: Move that those two names will be
ratified.
COMMISSIONER PLUMMER: Okay. All right. Second the motion.
CHAIRMAN HERNANDEZ: Motion to approve by Vice Chairman
Teele, seconded by Commissioner Plummer. All those in favor
say aye.
216 February 24, 1998
The following resolution was introduced by Vice Chairman
Teele, who moved its adoption.
RESOLUTION 98-223
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF
THE CITY ATTORNEY SELECT ADVISORY COMMITTEE.
(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
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
46. COMMENTS REGARDING NEED TO HOLD PLANNING AND
DEVELOPMENT WORKSHOPS IN SPECIFIED TARGET AREA CORRIDORS --
FURTHER ANNOUNCING LYRIC THEATER OPEN HOUSE SCHEDULED FOR
FEBRUARY 29, 1998 AT 5 P.M. -- SEE LABEL 6.
VICE CHAIRMAN TEELE: Mr. Chairman, there were three items
passed last week, relating to Carter studies, relating to
17th Avenue, we heard some discussion today. On those three
areas relating to 17th Avenue, Northeast 2nd and Northwest
151h avenue. Mr. Pinon, Mr. Manager, I would like to
clarify, that while we talked about community development
and public works and the consultants, of course, that it was
the intent that the Planning and Development, that what
we're talking about, really, is trying to organize these
corridors for more business development, consistent with the
discussion we had today. It is my hope that while we said
that the Community Development Office in conjunction with
that, the real lead on the ground would be with the Planning
and Development along with the Net Office, with Community
Development providing support. It is our hope we can move
forward on that immediately and I just wanted to clarify
that in the record.
217 February 24, 1998
47. VICE CHAIRMAN TEELE ANNOUNCES BLACK HISTORY MONTH
CELEBRATION -- FURTHER COMMENDS MAYOR / CITY MANAGER /
POLICE CHIEF FOR PARTIAL CLEAN-UP OF CAR IMPOUNDED LOTS.
VICE CHAIRMAN TEELE: And finally, Mr. Chairman, I don't
really have a pocket item, but I would like to invite and
ask that the Manager work with the Net Office, I mean the
Net Nine to invite the public to the Lyric Theater open
house on this coming Saturday as a part of Black History
Month there in historic Overtown. And following that, we
would like to invite the Commission to the Black History
Month celebration in Overtown, right in front of People's
Barbeque, and commend the Mayor, the Manager, and the police
chief for removing one-fourth of the impoundment lots that
have been in Overtown for twenty-two years.
48. CONTINUED COMMENTS ON NEED TO CLEAN UP CORRIDORS UNDER
I-95 BETWEEN N.W. 72B AND 81B STREET.
VICE CHAIRMAN TEELE: That particular corridor between 71n
Street and 78th Street is particularly offensive because for
twenty-two years, people going to Greater Bethel Church or
Mt.Zion Church or St. John's Church, or any of the churches,
Trinity, have had to walk past this rodent infested, totally
deteriorated condition. The Manager and the Chief have
worked cooperatively to reorganize the lots. We still have
three blocks of lots in Overtown. I told the Chief, it's a
lot more space right down there, around lst Street and 2nd
Street. We can move it down into downtown. Or we could
find some other places. But twenty-two years of an
impoundment lot that was supposed to be there for six months
is long enough. And so, while we're commending the police
department, we will be honoring the first officer, African
American police. The speaker will be Mayor Robert
Ingraham, who was, I think was the first African American,
the Mayor of Opa-locka, to serve on the Miami City
Motorcycle Squad. There are about five firsts, including
Chief Dixon, as well as Chief Boyd and many, many others and
I would certainly hope that it is convenient at 5 o'clock,
the Commission, the City employees and the public would come
at 5 o'clock, there right in front of under the I-95 between
8th Street and 7" Street, in what was the City impoundment
lot --
COMMISSIONER REGALADO: What date?
218 February 24, 1998
VICE CHAIRMAN TEELE: -- this coming Saturday. And this is
after the open house with the Lyric Theater which is from 3
to 5, and we plan to arrange to have some good old fashioned
barbeque from People's Barbeque. So thank you very much.
COMMISSIONER REGALADO: We'll be there.
VICE CHAIRMAN TEELE: All right. Thank you.
49. COMMENTS REGARDING PUBLIC SAFETY AND HEALTH HAZZARDS
AROUND JOSE MARTI PARK.
COMMISSIONER PLUMMER: Mr. Manager, what are you doing?
Hello? What are you doing under Jose Marti Park on the
south side of the basketball court? Why are they scarifying
(phonetic) all of that property?
COMMISSIONER REGALADO: I'm sorry, J.L., that went before my
committee. I can explain it to you. What was your
question?
COMMISSIONER PLUMMER: No, I want to know what they're
doing. There's been a whole lot of machinery in there,
looks like they're scarifying (phonetic) the property.
COMMISSIONER REGALADO: The City had money to buy some
property to expand Jose Marti Park.
COMMISSIONER PLUMMER: This is City -owned property where
they're working. And I'm asking, it's just -- the south
side of the street of the basketball courts.
COMMISSIONER GORT: Going to build the center.
COMMISSIONER REGALADO: A new community center will be built
there.
COMMISSIONER PLUMMER: Thank you, that's what I wanted to
know.
COMMISSIONER REGALADO: You're welcome.
COMMISSIONER PLUMMER: Just asking.
COMMISSIONER REGALADO: I thought you were asking about the
property that the City is going to buy to expand Jose Marti
Park. One business is not going to be bought by the City
because it is a business and they just don't want to move
219 February 24, 1998
from there, so, we're going to go around to expand the park.
COMMISSIONER PLUMMER: Mr. City Manager, I'm going to
conclude my remarks this evening by asking you and the
police department, Net Offices, because part of it is mine,
and part of it is Hernandez, the mess that is being left by
the boats on river drive in my district, but it's all the
way along River Drive.
The illegal activity that is going on of peddlers selling a
lot of merchandise, questionable as to whether it's stolen.
There are grocery carts galore that are there all of the
time. But in particular, I'm speaking to the fact of the
mess, the stuff they don't want, they throw in the streets;
the abandoned cars, I'm talking about, Joe, from Jose Marti
park all the way to 8tn Avenue, on both sides of the river.
It is atrocious, the stuff they're throwing out there, that
they don't want to take on those boats. There's a lot -- I
watched them on Saturday morning and I can't prove it, three
generators in the crates were on there in grocery carts and
were bought right there on the streets. I seriously,
seriously doubt that they had receipts. Now, I know once you
get on the boats, you can't do anything about it. I realize
that. By God, when they're on the streets right there, we
can stop it or we should be stopping it and we're not doing
it.
50. BRIEF DISCUSSION RELATED TO DATE CERTAIN FOR COMPLETION
OF TOWER THEATER CONSTRUCTION.
CHAIRMAN HERNANDEZ: No, wait. Administrative issue.
COMMISSIONER REGALADO: While we wait, does Jim Kay have an
answer regarding the Tower Theater? I was asking about the
date certain. For construction or something.
MR. JIM KAY (DIRECTOR, PUBLIC WORKS DEPARTMENT): The best
answer we were able to get from the contractor was that it
would be the end of the year. I could not get a definite
date and that's because we're still waiting, so, for some
revised structural drawings from the architect. The project
cannot proceed unless we get those revised structural
drawings completed and approved by Building and Zoning
Department.
220 February 24, 1998
COMMISSIONER REGALADO: They are aware that this Commission
said that if they would not respond with a date certain, we
would not allocate the money? That was that intent of the
resolution when it passed here.
MR. KAY: I understand that. But I can't --
COMMISSIONER REGALADO: I'm just telling you, so you in your
communications with them...
MR. KAY: We expect to have those plans completed very soon
from the architect. When he does that, then we will get a
date certain from him. That should be shortly.
51. PROBLEMS OF TRASH IN LITTLE HAITI (NORTHWEST 2"D AVENUE
kND 520D STREET.
VICE CHAIRMAN TEELE: Mr. Patterson, while you're here,
through the Manager, apparently, there is some problem in
Little Haiti with the pick up of trash. Apparently, the Net
Office says that we're running way behind? That was a grand
opening that occurred of a day care about two weeks ago,
there was trash, open debris right in front of it. A police
officer was trying to help the people in business. I went
there Saturday, the same trash that was there two weeks ago,
was still in the streets.
MR. CLARENCE PATTERSON (COORDINATOR, SOLID WASTE
DEPARTMENT): Where was that, Mr. Vice Chairman?
VICE CHAIRMAN TEELE: Off of Northwest 2nd and about 52nd,
is it? Right next to that park. The park where all the open
drugs sales are going on on Saturdays, that I saw.
MR. PATTERSON: 52°d Street. This is the first I've heard of
it.
VICE CHAIRMAN TEELE: I think it's 52.
MR. PATTERSON: I'll check it tomorrow morning. This is the
first I heard of it.
221 February 24, 1998
52. DIRECTIVE RELATED TO DEMOLITION OF UNSAFE STRUCTURES
REQUESTED BY NET OFFICES.
VICE CHAIRMAN TEELE: This is the first you have heard of it?
MR. PATTERSON: Yes, sir.
VICE CHAIRMAN TEELE: The Net Officer just said they've been
having a very hard time trying to get the trash picked up.
And Mr. Kay, Mr. Manager, while you're here, and while the
Chairman is trying to get his administrative issue
straightened, there is a list of buildings that are unsafe
that are City -owned that Net Offices have submitted. Is
there any particular problem with getting the unsafe
structures or the structures that have been requested for
demolition, moved through? I've seen about three different
Net Office requests, but yet, there appears to be -- is
there a problem?
COMMISSIONER PLUMMER: Money.
VICE CHAIRMAN TEELE: Well, it's CD (Community Development)
eligible. It's CD eligible.
COMMISSIONER PLUMMER: Got $250,000 total. That's the
problem.
VICE CHAIRMAN TEELE: But why don't we use up 250 and, then,
deal with the next problem.
COMMISSIONER PLUMMER: Let me tell you, Art, what happened.
I gave them a -- Mr. Pinon, an address on North Miami Court,
1433, to be. I gave it to him one morning, obviously, he
went that afternoon, put the arm on the people. Guess what
happened that night? Three alarm fire. Now, the building
is totally, totally destroyed and yet, I went by there
yesterday, Mr. Pinon and it's still, in the condition it's
in, being used for a crack house.
VICE CHAIRMAN TEELE: That's even worse. See, that's even
worse. But the point here is there are City -owned buildings
that the Net Office have asked that they be destroyed -- be
demolished. There is no reason for the City of Miami to be
a slumlord. I mean, it's bad enough that we have to deal
with, with some of these other people, but I would hope that
we would work through the Asset Management Office and move
our buildings ahead of everything else, because we are
responsible for those. And there are several requests in
222 February 24, 1998
Model City, those requests, Mr. Kay, your staff was even at
the community meeting.
I commend you -- about a month ago. There in Model City;
right? But nothing has happened. Please, Mr. Chairman, can
we adjourn? You have --
CHAIRMAN HERNANDEZ: I just have one pocket item and I was
just trying to --
VICE CHAIRMAN TEELE: By the way. Excuse me. We had the
pleasure of having the distinguished speaker pro tem here
for some while. Did we resolve his issues, Mr. Chairman?
COMMISSIONER PLUMMER: Speaker pro item of what?
VICE CHAIRMAN TEELE: Of the Florida House of
Representatives.
CHAIRMAN HERNANDEZ: I did not see him here.
VICE CHAIRMAN TEELE: I saw Luis Morse, here.
COMMISSIONER PLUMMER: I saw him earlier. That was an hour
ago.
VICE CHAIRMAN TEELE: Did we resolved his issue?
CHAIRMAN HERNANDEZ: His wife was very happy because we
voted against the fire assessment fee.
COMMISSIONER REGALADO: No, your pocket item is his issue.
COMMISSIONER PLUMMER: I love her dearly but I didn't like
the tear sheet that she put out.
53. INSTRUCT MANAGER TO NEGOTIATE AGREEMENT WITH
BEDMINSTER SEACOR SERVICES MIAMI CORP — EXTEND RESTATED COMPOST
RECYCLYING AGREEMENT FOR TWO YEARS (OCTOBER 1, 1998 TO OCTOBER
1, 2000)
CHAIRMAN HERNANDEZ: My pocket item deals with what he's
here for. I don't know where he is right now, but anyway.
My pocket item and it is the only one that I have today,
deals with the restated compost recycling agreement between
City of Miami and Bedminster Seacor. What I'd like to
request of this Commission and recommend, is that authority
223 February 24, 1998
be given to the City Manager to negotiate an extension to
the agreement that is in existence right now and expires
October 1st, 1998, and extend it to October 1st, the year
2000. As long as, and my recommendation is giving the
authority to the City Manager to negotiate, number one,
cover all the best interests of the City in the sense of
one, that both years, 199 and 2000 our recycling program
costs be covered by the company; and that any other
performance bond and/or letter of credit to cover lack of
performance by the year 2000 is part of that negotiation.
And any other issue that would come before that you think
would behoove the City of Miami, Mr. Manager.
VICE CHAIRMAN TEELE: Is that a motion?
CITY MANAGER GARCIA-PEDROSA: Just a couple of other points
that I want to make.
VICE CHAIRMAN TEELE: Is that a motion, Mr. Chairman?
CHAIRMAN HERNANDEZ: That is a motion.
VICE CHAIRMAN TEELE: Moved by the chairman. Is there a
second?
COMMISSIONER PLUMMER: I'll second.
VICE CHAIRMAN TEELE: Second by Commissioner Plummer.
CITY MANAGER GARCIA-PEDROSA: I just wanted to add, if I
may. I don't know if you want this as part of the motion or
not but there is that million dollars outstanding.
VICE CHAIRMAN TEELE: How much?
CITY MANAGER GARCIA-PEDROSA: This morning, pardon me?
COMMISSIONER PLUMMER: The million dollars was paid.
CITY MANAGER GARCIA-PEDROSA: No, we have never - it's an
escrow account.
CHAIRMAN HERNANDEZ: Part of the negotiation, Mr. Manager,
and what I've spoken to you, I've spoken to the company, is
that if that million dollars will be given to the City as it
is right now deposited to be used into our general fund to
solve part of the problem.
CITY MANAGER GARCIA-PEDROSA: That helps. Every million
224 February 24, 1998
dollars helps.
CHAIRMAN HERNANDEZ: We need you to negotiate that with them
is the bottom line.
VICE CHAIRMAN TEELE: It is not non -reoccurring money. Let's
not fool ourselves.
CITY MANAGER GARCIA-PEDROSA: That is a problem. The other
-- the million dollars, the other question is, you have --
are you moving an extension or are you moving an authority
to negotiate? I'm not clear, Mr. Chairman. I thought you
were moving the extension subject to these conditions
subsequent.
MR. RAFAEL DIAZ ( Deputy City Attorney): If I may clarify
something.
CHAIRMAN HERNANDEZ: I think what you're trying to move is
to extend the date when they're supposed to open the plant,
not the date of the agreement.
CHAIRMAN HERNANDEZ: Correct. Correct. October 1st, 1998,
to October 1st, year 2000.
MR. DIAZ: And secondly, it has to be subject to the
approval by the County where we have an inter -local
agreement.
CITY MANAGER GARCIA-PEDROSA: What I'm trying to clarify
subject to that, is that you granted the extension subject
to the conditions subsequent that I come back to you with a
proper document.
CHAIRMAN HERNANDEZ: Correct.
CITY MANAGER GARCIA-PEDROSA: They have the extension, so
long as these conditions are met.
CHAIRMAN HERNANDEZ: Correct.
CITY MANAGER GARCIA-PEDROSA: I don't have to come back to
you for the extension a second time?
CHAIRMAN HERNANDEZ: No. There is a motion on the floor by
myself; seconded by Commissioner Gort. Any further
discussion? All those in favor say aye.
225 February 24, 1998
THE FOLLOWING RESOLUTION WAS INTRODUCED BY CHAIRMAN
HERNANDEZ, WHO MOVED ITS ADOPTION.
RESOLUTION NO. 98-224
A RESOLUTION AUTHORIZING THE EXTENSION OF THE DATE TO OPEN
THE COMPOSTING FACILITY (FACILITY), SUBJECT OF THE AGREEMENT
BETWEEN THE CITY OF MIAMI AND BEDMINSTER SEACOR SERVICES
(BEDMINSTER) FROM OCTOBER 20, 1998 UNTIL OCTOBER 20, 2000,
SUBJECT TO: (1) THE CITY MANAGER OBTAINING AN AGREEMENT FORM
BEDMINSTER THAT IT WILL PAY TO THE CITY AN AMOUNT EQUIVALENT
TO THE CITY'S RECYCLING COSTS FOR FISCAL YEARS 1998-1999 AND
1999-2000, (2) THE POSTING OF A PERFORMANCE BOARD OR LETTER
OF CREDIT BY BEDMINSTER GUARANTEEING THE OPENING OF THE
FACILITY BY OCTOBER 20, 2999, (3) THE AGREEMENT BY
BEDMINSTER THAT THE $1,000,000, HELD BY THE CITY PENDING
PERFORMANCE BY BEDMINSTER UNDER THE TERMS OF THE AGREEMENT,
B E IMMEDIATELY RELEASED TO THE CITY'S GENERAL FUND FOR USE
AT THE CITY'S DISCRETION, AND (4) APPROVAL BY MIAMI-DADE
COUNTY
UPON BEING SECONDED BY COMMISSIONER GORT, THE RESOLUTION WAS
PASSED AND ADOPTED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner J. L. Plummer, Jr.
Chairman Humberto Hernandez
NOES:
None
ABSENT: Vice Chairman Arthur E. Teele, Jr.
CHAIRMAN HERNANDEZ: This meeting is now adjourned.
COMMISSIONER PLUMMER: Thank God.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:53 P.M.
Humberto Hernandez
PRESIDING OFFICER/CHAIRMAN
226 February 24, 1998