HomeMy WebLinkAboutCC 1998-03-10 MinutesCITY
MIAMI
* �• INCORN C�A1E� :'
COMMISSION
MINUTES
OF MEETING HELD ON MARCH 10, 1998 (Regular)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/Cfty Clerk
INDEX
MINUTES OF REGULAR MEETING
MARCH 10, 1998
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
INVOCATION: REVEREND RUDOLPH
DISCUSSION
1
DANIELS AND REVEREND FRANCISCO
3/10/98
PALACIOS.
2.
AUTHORIZE CHAIRMAN OF CITY
M 98-229
2-4
COMMISSION TO ISSUE AND SIGN
3/10/98
PROCLAMATIONS IN THE ABSENCE OF A
MAYOR AND ANY COMMISSIONER MAY BY
REQUEST ADD HIS SIGNATURE AND
COMMISSIONER PLUMMER'S SIGNATURE
WILL BE ON ALL PROCLAMATIONS.
3.
(A) DISCUSSION RELATED TO MEETING
M 98-230
4-16
DATE TO SELECT MAYOR.
M 98-231
(B) INSTRUCT CITY ATTORNEY TO SEEK
3/10/98
LEGAL REVIEW OF COURT ORDER CALLING
FOR A MAYORAL ELECTION -- FOR
EXTENSION BEYOND SIXTY DAYS.
(C) INSTRUCT CITY ATTORNEY TO PETITION
THE COURTS TO TAKE NOTE OF THE CITY
CHARTER AS IT RELATES TO FILLING THE
MAYOR'S VACANCY.
4.
CONSENT AGENDA.
DISCUSSION
17-20
3/10/98
4.1.
ACCEPT BID: OAKS TRADING POST &
R 98-232
21
CO. -- FOR GLOCK FIREARMS -- FOR
3/10/98
POLICE -- ALLOCATE $78,440. FROM
ACCTS. 001000.290201.6.840 AND
001000.290201.6. 907.
4.2.
ACCEPT BID: ED MORSE FLEET SALES --
R 98-233
21
FOR PASSENGER VANS FOR PARKS ND
3/10/98
RECREATION -- ALLOCATE $82,839. FROM
FUND-RAISING -- SPECIAL REVENUE
ACCOUNT 580325-840 PROJECT 110032.
4.3.
ACCEPT BID: MARIN & MARIN
R 98-234
22
CONSTRUCTION, INC. -- FOR MIAMARINA -
3/10/98
PIER "G", H-1014G -- ALLOCATE $350,800.
FROM CIP PROJECT 413400.
4.4.
ACCEPT BID: PIFER, INC. -- FOR 1998
R 98-235
22
CUSHMAN OFF -ROAD HAULSTER, 898469
3/10/98
MODEL -- FOR FIRE -RESCUE -- ALLOCATE
$26,370. FROM MIAMI-DADE EMS GRANT
ACCT. 104011-280550-6-840.
4.5.
APPROVE PURCHASE OF PLAYGROUND
R 98-236
23
EQUIPMENT FROM 16 VENDORS -- FOR
3/10/98
PARKS AND RECREATION -- ALLOCATE
$1,410,300. FROM CIP SAFE
NEIGHBORHOOD PARK FUNDS.
4.6.
AUTHORIZE PURCHASE OF FLORIDA LAW
R 98-237
23
ENFORCEMENT HANDBOOKS FROM MIAMI-
3/10/98
DADE POLICE -- ALLOCATE $9,800. FROM
POLICE GENERAL BUDGET ACCT.
001000.290201.6. 722.
4.7.
APPROVE PURCHASE OF RADIO
R 98-238
24
BATTERIES FROM MOTOROLA, INC. -- FOR
3/10/98
POLICE -- ALLOCATE $20,800. FROM ACCT.
001000.290201.6.718.
4.8.
INCREASE CONTRACTS WITH CERTIFIED
R 98-239
24
SOCIAL SERVICE AGENCIES -- FOR VICTIM
3/10/98
ASSISTANCE COUNSELING SERVICES --
FOR POLICE -- ALLOCATE $21,608.92 FROM
VICTIMS OF CRIME ACT GRANT.
4.9.
AUTHORIZE FUNDING OF MIAMI URBAN
R 98-240
25
MINISTRIES YOUTH PROGRAM -- ALLOCATE
3/10/98
$4,950. FROM LETF PROJECT
690001,690002, 690003.
4.10.
ACCEPT PLAT: KRISTI HOUSE.
R 98-241
25
3/10/98
4.11.
DESIGNATE BROWNFIELDS AREA TO
R 98-242
26
INCLUDE WYNWOOD BROWNFIELDS PILOT
3/10/98
PROJECT / ALLAPATTAH /OVERTOWN --
FOR ENVIRONMENTAL REMEDIATION AND
ECONOMIC DEVELOPMENT.
4.12.
AUTHORIZE AGREEMENT WITH VINCAM
R 98-243
26
OCCUPATIONAL HEALTH SYSTEMS, INC. --
3/10/98
FOR MANAGED CARE SERVICES FOR
WORKERS' COMPENSATION -- FOR TWO
YEARS WITH OPTIONS -- ALLOCATE
$300,000 MAXIMUM / ANNUALLY FROM SELF
INSURANCE AND INSURANCE TRUST FUND
ACCT. 515001.42 4401.6. 668.
4.13.
CONFIRM APPOINTMENTS TO DOWNTOWN
R 98-244
27
DEVELOPMENT AUTHORITY.
3/10/98
4.14. CONFIRM NOMINATIONS TO OVERTOWN R 98-245
ADVISORY BOARD. 3/10/98
4.15. AUTHORIZE SETTLEMENT: ROBERT R 98-246
TORRES AND MYRIAM TORRES -- 3/10/98
ALLOCATE $49,500. FROM SELF INSURANCE
AND INSURANCE TRUST FUND ACCT.
515001.424401-652.
4.16. ACCEPT PROPOSAL FROM BELLSOUTH R 98-247
BUSINESS SYSTEMS, INC. -- FOR MEGALINK 3/10/98
T1 CIRCUIT SERVICES TO PROVIDE DATA
COMMUNICATIONS BETWEEN CITY HALL
AND RIVERSIDE CENTER -- ALLOCATE
$6,500 MAXIMUM FROM ACCT.
001000.460101.6.510.
5. COMMENTS BY ALBIO CASTILLO RELATED DISCUSSION
TO VIOLATIONS DURING CALLE OCHO 3/10/98
FESTIVAL.
6. (A) DISCUSSION AND PUBLIC HEARING M 98-248
REGARDING 1998-1999 PROPOSED 3/10/98
CONSOLIDATED PLAN -- FOR CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) / HOME INVESTMENT
PARTNERSHIPS (HOME) / EMERGENCY
SHELTER GRANT (ESG) / HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAMS.
(B) APPROVE STAFF RECOMMENDATIONS
FOR 1998-1999 24TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS -- FOR PUBLIC SERVICES AND
SOCIAL PROGRAMS -- FURTHER RESERVE
RIGHT TO MODIFY ALLOCATIONS DURING
COMMISSION MEETING OF MARCH 24,
1998. -- SEE LABEL 8, 10 AND 19.
27
27
28
29
30-98
7. DISCUSS / CONTINUE CONSIDERATION OF
DISCUSSION 99-101
CA19 (MIAMI TELE-COMMUNICATIONS
3/10/98
RENEWAL PROPOSAL FOR CABLE
TELEVISION SERVICES) FOR SCHEDULED
MEETING OF MARCH 24, 1998.
8. CONTINUE DISCUSSION AND PUBLIC
DISCUSSION 101-113
HEARING -- FOR CITY'S COMMUNITY
3/10/98
DEVELOPMENT BLOCK GRANT (CDBG) /
HOME INVESTMENT PARTNERSHIPS
(HOME) / EMERGENCY SHELTER GRANT
(ESG) / HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA)
PROGRAMS -- SEE LABELS 613, 10, 19.
9. ISSUE CONDOLENCES TO FAMILY AND
DISCUSSION 113-114
FRIENDS OF WALTER PIERCE WHO
3/10/98
RECENTLY PASSED AWAY.
10. (A) CONTINUE DISCUSSION AND PUBLIC
HEARING -- FOR CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) /
HOME INVESTMENT PARTNERSHIPS
(HOME) / EMERGENCY SHELTER GRANT
(ESG) / HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAMS
(B) APPROVE WITH SOME MODIFICATIONS
STAFF RECOMMENDATIONS FOR 1998-1999
24TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS -- FOR
HOUSING / ECONOMIC DEVELOPMENT/
PUBLIC FACILTIES IMPROVEMENTS /
GRANT ADMINISTRATION / HOME
INVESTMENT PARTNERSHIP PROGRAM /
HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) PROGRAMS
FURTHER RESERVING RIGHT TO MODIFY
ALLOCATIONS DURING SCHEDULED
MEETING OF MARCH 24, 1998 -- SEE LABEL
6B, 8, 19.
(C) AUTHORIZE REQUESTING AN
EXTENSION FROM USHUD -- FOR
SUBMITTAL OF PROPOSED CONSOLIDATED
PLAN FOR 1998-1999 FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS
(D) CONTINUE CONSIDERATION OF
AGENDA ITEM 2 (PROPOSED
CONSOLIDATION PLAN FOR CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT
/HOME INVESTMENT PARTNERSHIP
PROGRAM / HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA)
PROGRAMS / EMERGENCY SHELTER
GRANT) TO SCHEDULED MEETING OF
MARCH 19, 1998 AT NOON.
(E) FIRST READING ORDINANCE:
ESTABLISH FOUR REVENUE FUNDS:
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) / HOME INVESTMENT
PARTNERSHIPS (HOME) / EMERGENCY
SHELTER GRANT (ESG) / HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) -- FURTHER APPROPRIATE
$3,000,000. FROM COMMUNITY
DEVELOPMENT PROGRAM INCOME AND
$200,00 FROM ESTIMATED HOME PROGRAM
INCOME -- FOR TOTAL APPROPRIATION OF
$28,608,000.
11. EMERGENCY ORDINANCE: AMEND
SECTION 2-884 OF CODE: EXCEPTING THE
HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) ADVISORY BOARD
(HAB) FROM NOT HAVING MUNICIPAL
EMPLOYEES OTHER THAN CITY OF MIAMI
SERVE ON THE BOARD.
M 98-249
R 98-250
M 98-250.1
FIRST
READING
ORDINANCE
3/10/98
ORDINANCE
11619
3/10/98
115-144
144-146
12. SECOND READING ORDINANCE: AMEND
SECTION II OF ORDINANCE 11337: CAPITAL
IMPROVEMENTS APPROPRIATIONS
ORDINANCE -- INCREASE APPROPRIATIONS
TO PROJECT 322061: TOWER THEATER
REHABILITATION -- FROM $2,276,800 TO
$2,526,800.
13. FIRST READING ORDINANCE: AMEND
ORDINANCE 11395: VICTIMS OF CRIME ACT
SPECIAL REVENUE FUND -- INCREASE
APPROPRIATION BY $60,000 FROM GRANT
FROM STATE OF FLORIDA OFFICE OF
ATTORNEY GENERAL.
14. FIRST READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND: WEED AND SEED
FORFEITURE -- APPROPRIATE $100,000.
FROM US DEPARTMENT OF JUSTICE
GRANT.
15. FIRST READING ORDINANCE: AMEND
ORDINANCE 10021: ESTABLISH INITIAL
RESOURCES AND APPROPRIATIONS FOR
LAW ENFORCEMENT TRUST FUND --
INCREASE AMOUNT BY $1,174,000. FROM
FORFEITURES.
16. FIRST READING ORDINANCE: ESTABLISH
APPROPRIATIONS FOR CAPITAL
IMPROVEMENTS -- CONTINUE APPROVED
SCHEDULED CAPITAL IMPROVEMENT
PROJECTS -- ESTABLISH NEW CAPITAL
IMPROVEMENT PROJECTS FOR 1997-1998 --
REPEAL PROVISIONS OF ORDINANCE 11337
CONFLICTING WITH THIS ORDINANCE.
17. FIRST READING ORDINANCE: AMEND
SECTION 18-182 OF CODE: AUTHORITY TO
SELL -- INCLUDE REQUIREMENT FOR TAX
EXEMPT PROPERTIES TO PAY ANNUAL
MUNICIPAL SERVICE PAYMENT EQUAL TO
CITY'S EQUIVALENT OF AD VALOREM
TAXES.
18. (A) PROPOSED FIRST READING
ORDINANCE: REGULATE PLACEMENT OF
NEWSRACKS IN PUBLIC RIGHTS -OF -WAY --
AMEND ARTICLE VII OF CHAPTER 54 OF
CODE IMPOSING SAFETY AND AESTHETIC
RESTRICTIONS.
(B) DIRECTIVE TO REMOVE UNUSED
NEWSPAPER RACKS IN ORDER TO SELL
THEM.
ORDINANCE
11620
3/10/98
FIRST
READING
ORDINANCE
3/10/98
FIRST
READING
ORDINANCE
3/10/98
FIRST
READING
ORDINANCE
3/10/98
FIRST
READING
ORDINANCE
3/10/98
FIRST
READING
ORDINANCE
3/10/98
FIRST
READING
ORDINANCE
3/10/98
147-148
148-149
150-151
151-152
153-154
155-156
156-169
19. BRIEF COMMENTS FROM ELEANOR
KLUGER ON NEED TO ADOPT
RECOMMENDATIONS OF COMMUNITY
DEVELOPMENT ADVISORY BOARD IN
REFERENCE TO COMMUNITY
DEVELOPMENT BLOCK GRANT
CONSOLIDATED PLAN ALLOCATIONS -- SEE
LABELS 6, 8, 10.
20. RATIFY / APPROVE / CONFIRM EMERGENCY
FINDING -- AUTHORIZE EXPENDITURE
INCREASE OF $226,000. TO TOTAL OF
$750,000. -- FOR CITYWIDE AUTOMOTIVE
PARTS AND ACCESSORIES FROM 18
VENDORS -- FOR GENERAL SERVICES
ADMINISTRATION / POLICE / FIRE -
RESCUE -- ALLOCATE FUNDS FROM
GENERAL SERVICES ADMINISTRATION
ACCT 509000.42000901.6.702 AND
503001.420905.6.702.
21. RATIFY / APPROVE / CONFIRM EMERGENCY
FINDING -- AUTHORIZE EXPENDITURE
INCREASE OF $5,500.00 MAXIMUM FOR A
TOTAL OF $44,500 -- FOR CITYWIDE HEAVY
EQUIPMENT WELDING FABRICATIONS
FROM HYDRAULIC SALES & SERVICE / J. C.
INDUSTRIAL MANUFACTURE / B&B
WELDING / GENERAL WELDING SERVICES --
ALLOCATE FUNDS FROM GENERAL
SERVICES ADMINISTRATION ACCT.
590000.420901.6. 670.
22. RATIFY / APPROVE / CONFIRM EMERGENCY
FINDING -- AUTHORIZE EXPENDITURE
INCREASE OF $25,000.000 FOR TOTAL OF
$75,000 --- FOR CITYWIDE LAWN
EQUIPMENT AND REPLACEMENT PARTS
FROM 11 VENDORS -- ALLOCATE FUNDS
FROM ACCT. 509000.420901.6.702.
23. RATIFY / APPROVE / CONFIRM EMERGENCY
FINDING -- AUTHORIZE EXPENDITURE
INCREASE OF $67,000.000 -- FOR CITYWIDE
MOBILE EQUIPMENT REPLACEMENT PARTS
& SERVICES FROM 44 VENDORS -- FOR
GENERAL SERVICES ADMINISTRATION AND
FIRE -RESCUE -- ALLOCATE $250,000 TOTAL
FROM ACCT. 509000.420901.6/702.
24. AMEND R98-222 -- RESCIND / DELETE
SECTION 2 ENTIRELY: DIRECT CITY
MANAGER TO INCLUDE FUNDING TO
COVER COST FOR BENEFITS FOR CITY
COMMISSIONERS -- FURTHER PROVIDE
THAT BENEFITS FOR CITY ATTORNEY AND
CITY CLERK REMAIN SAME AS THEY
EXISTED PRIOR TO OCTOBER 1, 1997.
DISCUSSION
3/10/98
R 98-251
3/10/98
R 98-252
3/10/98
R 98-253
3/10/98
R 98-254
3/10/98
R 98-255
3/10/98
170-173
173-175
175-176
177-178
179-180
180-183
25.
GRAND COMMUNITY REDEVELOPMENT
R 98-256
184-185
AGENCY (CRA) RIGHT TO USE PROPERTY
3/10/98
UNDER 1-95 BETWEEN N.W. 7TH AND N.W.
8TH STREET -- FURTHER AUTHORIZE CITY
MANAGER TO ENTER INTO INTERLOCAL
WITH CRA TO IMPLEMENT RESOLUTION.
26.
GRANT $25,000 IN MATCHING FUNDS TO
R 98-257
185-188
BAKEHOUSE ARTS COMPLEX WITH
3/10/98
CONDITIONS.
27.
DISCUSSION RELATED TO MONITORING OF
DISCUSSION
189-194
CITY STREET LIGHTS AND TREE TRIMMING
3/10/98
EFFORTS BY FLORIDA POWER AND LIGHT.
28.
PRESENTATION BY CHAIRPERSONS OF
DISCUSSION
194-195
SELECTED BOARDS / COMMITTEES
3/10/98
PURSUANT TO CODE SECTION 2-436.
29.
ENCOURAGE STATE LEGISLATURE TO
R 98-258
196-198
ADOPT SOUTHEAST OVERTOWN/PARK
3/10/98
WEST REDEVELOPMENT DISTRICT AS
PILOT PROJECT -- FOR FUNDING
REDEVELOPMENT ACTIVITIES BY
INCREMENTAL SALES TAX REVENUE
COLLECTED WITHIN DISTRICT.
30.
GRANT REVOCABLE PERMIT WITH
R 98-259
199-203
CONDITIONS TO BAUNIC ORGANIZATION --
3/10/98
FOR BUILDING AT 1390 N.W. 7 STREET.
31.
APPOINT SEVERAL INDIVIDUALS TO
R 98-260
203-205
AFFIRMATIVE ACTION ADVISORY BOARD.
3/10/98
32.
APPOINT RALPH DUARTE TO BAYFRONT
R 98-261
205-206
PARK MANAGEMENT TRUST.
3/10/98
33.
APPOINT ALBENA SUMNER AND ANITA
R 98-262
206-208
TEJERA TO AFFORDABLE HOUSING
FIRST
ADVISORY COMMITTEE.
READING
ORDINANCE
3/10/98
34.
DEFER APPOINTMENTS TO CITYWIDE
M 98-263
208-209
COMMUNITY DEVELOPMENT ADVISORY
3/10/98
BOARD.
35.
APPOINT DOROTHY LEE TO COCONUT
R 98-264
209-210
GROVE STANDING FESTIVAL COMMITTEE.
3/10/98
36.
APPOINT MARIA DEL CARMEN
R 98-265
210-211
CASTELLANOS AND DAVID CABARROCAS
3/10/98
TO THE LATIN QUARTER REVIEW BOARD.
37.
DEFER APPOINTMENTS TO MIAMI STREET
M 98-266
211-212
CODESIGNATION COMMITTEE.
3/10/98
38.
APPOINT SEVERAL INDIVIDUALS TO
R 98-267
212-213
WATERFRONT ADVISORY BOARD.
3/10/98
39.
(A) APPOINT ORLANDO GARCIA, JR. TO
M 98-268
213-214
PLANNING ADVISORY BOARD -- SEE LABEL
R 98-268.1
45.
3/10/98
(B) APPOINT STEVEN POLAKOFF TO
PLANNING ADVISORY BOARD.
40.
APPOINT JOSE COMAS TO PROPERTY AND
R 98-269
214-215
ASSET REVIEW COMMITTEE.
3/10/98
41.
DIRECTIVE TO ABOLISH TAX EXEMPT
DISCUSSION
215-217
PROPERTY STEERING COMMITTEE.
3/10/98
42.
APPOINT RAMON FONTICOBBA TO UNITY
R 98-270
218
COUNCIL OF MIAMI.
3/10/98
43.
APPOINT SEVERAL INDIVIDUALS TO URBAN
R 98-271
219-221
DEVELOPMENT REVIEW BOARD.
3/10/98
44.
APPOINT HUMBERTO PELLON AND ILEANA
R 98-272
221-222
HERNANDEZ-ACOSTA TO ZONING BOARD --
3/10/98
SEE LABEL 48.
45.
WITHDRAW APPOINTMENT OF ORLANDO
M 98-273
222-223
GARCIA, JR. TO PLANNING ADVISORY
3/10/98
BOARD -- READVERTISE FOR SAID
BOARD -- SEE LABEL 39.
46.
(A) BRIEF DISCUSSION RELATED TO
R 98-274
224-227
ZONING BOARD APPOINTMENTS -- SEE
3/10/98
LABEL 44.
(B) APPOINT ARTHUR KING AND REY
MARTINEZ TO HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD --
SEE LABEL 44.
47.
AUTHORIZE USE OF MIAMI-DADE COUNTY
R 98-275
227-229
FACILITIES FOR FUELING AND EMISSIONS
3/10/98
TESTING OF MIAMI VEHICLES -- ALLOCATE
$1,300,787.00 FROM GENERAL SERVICES
ADMINISTRATION LIGHT FLEET
MANAGEMENT BUDGET ACCT.
5903001.420905.6.715.-- SEE LABEL 4.12.
48.
WAIVE RESIDENCY REQUIREMENT FOR
M 98-276
229-230
ZONING BOARD APPOINTMENT.
3/10/98
49. EMERGENCY ORDINANCE: AMEND ORDINANCE 230-233
SECTION 42-82,42-83,42-87 OF CODE -- 11621
INCREASE TO $1,000.00 ADMINISTRAIVE 3/10/98
CIVIL PENALTIES FOR REDEMPTION OF
IMPOUNDED VEHICLES BY POLICE.
50. EXPRESS SUPPORT FOR STATE HOUSE R 98-277 233-234
BILLS RELATED TO ESTABLISHING MIAMI 3/10/98
RIVER COMMISSION.
51. SCHEDULE EXECUTIVE SESSION FOR M 98-278 234-246
MARCH 19, 1998 AT 11:30 AM -- RELATED TO 3/10/98
EDWARD MARQUEZ'LAWSUIT -- CANCELL
SPECIAL COMMISSION MEETING
SCHEDULED FOR MARCH 11, 1998 AT
NOON -- FURTHER LEAVE DISCRETION TO
CALL SPECIAL MEETING FOR MARCH 13,
1998 AT 2 PM IF NEEDED.
52. RECESS / CONTINUE CITY COMMISSION R 98-279 246
MEETING OF MARCH 10, 1998 TO MARCH 19, 3/10/98
1998 AT NOON.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 10th day of March, 1998, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 10:19 a.m. by Presiding Officer/Commissioner
Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following
members of the Commission found to be present:
ALSO PRESENT:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Chairman Humberto Hernandez (District 3)
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
Mr. Jose Garcia -Pedrosa, City Manager
Mr. Joel E. Maxwell, Interim City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Reverend Francisco Palacios and Reverend Rudolph
Daniels, after which Chairman Hernandez led those present in a pledge of allegiance to the flag.
----------------------------------------------------------------------------------------------------------------
1. THE INVOCATION, REQUEST BY COMMISSIONER PLUMMER FOR
SPECIAL PRAYER RELATING TO FIRE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Chairman, we have had a very bad tragedy this morning in a
major fire in the north end of this community. We know that there is already one child that is
dead. One serious, and a woman who jumped out of the building. I think that it would be only
appropriate that in the prayers of this morning, we ask for the help and guidance of these people
for a very, very well recovery as well as the child that passed away.
March 10, 1998
----------------------------------------------------------------------------------------------------------------
2. AUTHORIZE CHAIRMAN OF CITY COMMISSION TO ISSUE AND SIGN
PROCLAMATIONS IN THE ABSENCE OF A MAYOR AND ANY
COMMISSIONER MAY BY REQUEST ADD HIS SIGNATURE AND
COMMISSIONER PLUMMER'S SIGNATURE WILL BE ON ALL
PROCLAMATIONS.
Chairman Hernandez: Good morning everyone. Does any Commissioner have any
presentations or proclamations this morning?
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I would ask that the Head of the Protocol Office be asked to report here
today, immediately before lunch, and clarify the matter of proclamations. Mr. Mayor, Mr.
Chairman, the government must function, the government can't function, and that's all I am
going to say.
Chairman Hernandez: Well...
Commissioner Plummer: I didn't hear. What was your request, before lunch?
Chairman Hernandez: The Chief of Protocol. And, I... Now, you brought that issue up, and it's
an important issue. I was told that the City Attorney gave an opinion that since there was no
acting Mayor, there would be no proclamations because there was no one to sign the
proclamation. Is there something wrong with the Chairman or the...
Vice Chairman Teele: Wait, wait, wait. Hold it, Mr. Chairman. Let me tell you something.
Dade County functioned for three years without a Mayor. Many cities function without a
Mayor. There is nothing innate in any governmental body that says only the Mayor can issue a
proclamation.
Commissioner Plummer: No, no.
Vice Chairman Teele: And, it's a reflection on our City. We sat up here and gave all this
bravado that we... The City runs, we are in charge and whoever is making any kind of opinion
like that, really needs to just go back and read the opinions that state that the government must
function.
Chairman Hernandez: I have requested several proclamations... I am just putting for the record.
That's what I was told, that the City Attorney's office opined. I just want to... Does the City
Attorney have an opinion on that?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Yes, sir. I was asked whether or not... last
week, whether or not you or any Commissioner could individually issue proclamations in the
name of the City. And, my opinion was, or I stated at that time, and it was a quick opinion,
given after a short discussion, that you could not issue an opinion in the name of the City,
unilaterally. You could issue... not an opinion, I am sorry. Whether or not you can issue a
proclamation, on behalf of the City, unilaterally. And, I said, no. You could issue an opinion on
behalf of your office and your position as Chairman of this Board. Absent City Commission
2 March 10, 1998
authorization agreeing to the issue of a particular proclamation and designating someone to issue
that proclamation, I don't think you could do it, or any other Commissioner. But, you can act
here and say, "proclamation shall be given by, so, and so, and...
Vice Chairman Teele: Mr. Chairman...
Mr. Maxwell: ... and the Board could do that.
Vice Chairman Teele: ... I move that the Chairman of the Commission be authorized to issue
proclamations on behalf of the City of Miami.
Commissioner Plummer: I'll second the motion, but I want to go further.
Commissioner Regalado: Second.
Chairman Hernandez: There is a motion, there is a second. Under discussion.
Commissioner Plummer: I don't think that there is any reason why this entire Commission
should not sign every proclamation that goes out of this City. Why not? I have seen
proclamations go out with the Mayor's name and one Commissioner signed on a proclamation.
Are we not all the City of Miami? And, as such, I would ask you to amend the motion, Mr.
Teele, that all Commissioners sign. We are the City.
Vice Chairman Teele: Mister... Commissioner Plummer, I respectfully disagree...
Commissioner Plummer: OK.
Vice Chairman Teele: ... that in any government, in any body, there is one person who is the
head. In the case of England, there is two heads. One is ceremonial, one is governmental. But,
in the case of an Executive Mayor form of government, it goes with the Office of the Executive
Mayor. And, I think that any Commissioner who desires to have his name on the proclamation
should be afforded that and I will amend my motion to specifically state, further providing that
any Commissioner who desires to have his name added to the proclamation may be added.
Chairman Hernandez: So, therefore, your motion is that the Chairman, at this point in time will
sign the proclamations, and any Commissioner that requests his signature on that proclamation
will be allowed to do so?
Commissioner Plummer: And...
Vice Chairman Teele: That... yes, sir.
Commissioner Plummer: And,. I appreciate that, and for the record, I am now putting in my
request that each and every proclamation that goes out of this City, since I am here on a daily
basis, I wish to sign.
Chairman Hernandez: OK. We have a motion by Vice Chairman Teele, seconded by the
Commission, the rest of the Commission. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? No nays.
3 March 10, 1998
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-229
A MOTION OF THE CITY COMMISSION STATING THAT THE CITY OF MIAMI
NEEDS TO HAVE A HEAD OF GOVERNMENT; FURTHER PROVIDING THAT
THE CHAIRMAN OF THE COMMISSION, NAMELY HUMERTO HERNANDEZ,
BE AUTHORIZED TO ISSUE PROCLAMATIONS ON BEHALF OF THE CITY OF
MIAMI IN THE ABSENCE OF AN EXECUTIVE MAYOR, FURTHER PROVIDING
THAT ANY MEMBER OF THE COMMISSION WHO DESIRES TO HAVE HIS
NAME ADDED TO PROCLAMATIONS MAY DO SO; FURTHER PROVIDING
THAT COMMISSIONER PLUMMER'S NAME BE INCLUDED IN ALL
PROCLAMATIONS, FOR SIGNATURE PURPOSES.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
3. (A)DISCUSSION RELATED TO MEETING DATE TO SELECT A MAYOR.
(B)INSTRUCT CITY ATTORNEY TO SEEK LEGAL REVIEW OF COURT
ORDER CALLING FOR A MAYORAL ELECTION -- FOR EXTENSION
BEYOND SIXTY DAYS.
(C)INSTRUCT CITY ATTORNEY TO PETITION THE COURTS TO TAKE
NOTE OF THE CITY CHARTER AS IT RELATES TO FILLING THE
MAYOR'S VACANCY.
Commissioner Regalado: Mr. Chairman, if... Now, that we are on the path of asking for legal
opinion. Tomorrow's meeting has been questioned in the press and by members of this
Commission. And, I was wondering if we are going to have the meeting. If the City Attorney
would tell us that we can go ahead.
Chairman Hernandez: We have a meeting at 12 o'clock. It's been advertised as such. We
notified everyone in our last meeting that would be at twelve, in our last Special Commission
meeting. And, if the City Attorney has changed his mind as to that meeting, I don't know.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): No, sir.
Commissioner Plummer: Well, excuse me, Mr. Chairman. The reason we put the matter off,
was simply, hopefully, that there would be some decision by the third district. From what I read
in the paper, which I don't always take as gospel, they are not going to be making their... your
oral arguments until tomorrow.
4 March 10, 1998
Mr. Maxwell: That's correct.
Commissioner Plummer: Is it then to be, any reason that I would believe that there would be a
decision handed down, tomorrow?
Mr. Maxwell: It is possible. It's possible, quite possible.
Commissioner Plummer: Well, it was my understanding the reason we delayed was to get that.
And, if we are not going to have that decision tomorrow, we have until the 14th. I think we are
trying to avoid confusion that could occur if certain rulings were to be made. I have no problem,
Mr. Chairman, meeting tomorrow. But, I would hate to have cast of thousands that possibly
would come down here, if we put if off until Friday, waiting for the Third District to rule.
Chairman Hernandez: That's one day before the ten days are up, and...
Commissioner Plummer: Yes, sir. Excuse me. I am just saying, I thought the reason we were
waiting was to wait... hopefully, get that results. Now, if I am wrong, then you tell me. But,
that's what was my understanding. I'll abide by the ruling of the Chair. I am available
tomorrow, I am available, Friday.
Chairman Hernandez: We have a meeting tomorrow scheduled for 12 o'clock, and I want to
have the meeting, tomorrow. If it's possible with you.
Commissioner Plummer: Fine, sir.
Chairman Hernandez: Two issues...
Commissioner Plummer: But, wait a minute. Let me ask this question. Are we intending to
proceed tomorrow, if we don't have the ruling?
Chairman Hernandez: I intend to fully proceed tomorrow, if the Commission... If there are
votes, fine. If not, there is Thursday, there is Friday, there is Saturday.
Commissioner Plummer: OK. Thank you, sir.
Chairman Hernandez: Mr. City Attorney, two issues, on this matter of the protest, and then we
move on. We are going to be here for a long time today. Number one, can you go before Judge
Wilson representing the Clerk of the City of Miami, regarding the 60th day deadline that he's set
for special election? To clarify, did he want it within 60 days? Does he want it on the 60th day
which is Sunday, which would move it to a Monday? Does it actually... ? Does it really move to
a Monday, or do we have to have it on...?
Mr. Maxwell: The way the order reads now, it says the trial will be held, shall be held in 60
days. It didn't... The election, rather should be held in 60 days.
Chairman Hernandez: Has anyone...?
Mr. Maxwell: It didn't say... It didn't say within 60 days, it said 60 days. Now, as
Commissioner Teele, Vice Chairman Teele pointed out, the judge is a reasonable man. Under
the rules of Civil procedure now, 60 days, as he said, it means 60 days. It falls on a Sunday, as I
explained before. Under the rules, that would be on a Monday. I am sure, if we move, if we
approach the Court as a non-party movement... movement. And, explained the issue, the judge
may even reduce the time. He may expand it to a Tuesday or whatever is convenient for the
5 March 10, 1998
Elections Department. He, as I understand from reports, selected this 60-day period because the
Elections Department on the record, during the trial indicated that that was the time they needed
to prepare for an election. So, if we went in and asked for a couple of days either way, the court
may be receptive to such.
Chairman Hernandez: Before, or after the 60 days? OK.
Mr. Maxwell: We could do that, or the Elections Department which was also a party, which was
a party, we were not... which was a party, could also ask that on the record.
Chairman Hernandez: Right. Should not...
Commissioner Regalado: But, L.
Chairman Hernandez: My opinion is, that we should clarify this situation as soon as possible, so
we know when we are having an election. I think the people of Miami should know if it's going
to be on a Monday, on a Thursday or on a Tuesday. And, I think we would have proper standing
representing the Clerk of the City of Miami to clarify this issue, and...
Mr. Maxwell: So, those are my directions?
Chairman Hernandez: I am asking you to do that.
Commissioner Regalado: Yeah, Mr. Chairman, I would remind again, the Commission and the
City Attorney, and the City Clerk, that if we do it on a Monday, we are going to have to a pay a
lot of overtime. The last time, we were supposed to pay about twenty thousand dollars ($20,000)
more. So, we have to ask the judge or the Elections Department to ask the judge to have it on a
Tuesday or on a Thursday.
Chairman Hernandez: I think that's a direction that's been given to you, Mr. City Attorney. Go
and clarify this issue and request the court to... to pick a date if he has to. But, definitely not on a
Sunday or on a Monday.
Mr. Maxwell: Have a vote?
Chairman Hernandez: Can I have a motion and a second?.
Vice Chairman Teele: So moved, Mr. Chairman.
Commissioner Plummer: Second.
Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner. All those
in favor say "aye."
Vice Chairman Teele: Mr. Chairman, on the motion...
Chairman Hernandez: Discussion.
Vice Chairman Teele: ... the request is, is that the City Attorney be instructed to seek a legal
review through Judge Wilson's, of Judge Wilson's order to extend the date, at least two days, is
that it?
Chairman Hernandez: I would say, to extend or shorten it to a couple days.
6 March 10, 1998
Vice Chairman Teele: You see, what I didn't want to do is, conflict with the County Elections
Supervisor. The Elections Supervisor said, he needed at least 60 days.
Chairman Hernandez: OK, then it would be to extend it, obviously, a couple days.
Vice Chairman Teele: And, therefore, it would be to extend it. And, the reason, just so that it's
on the record, that we don't want it on a Monday, is that it means that the Elections Office has to
mobilize on a Sunday...
Chairman Hernandez: Right.
Vice Chairman Teele: ... which means, they have to pay overtime.
Chairman Hernandez: Right. And, if it's held on a Tuesday, the Elections Office is in a
position, and the last... And, apparently, the last time they did that, it cost us about fifteen to
thirty thousand dollars ($30,000).
Chairman Hernandez: Yeah.
Commissioner Regalado: Yeah.
Vice Chairman Teele: So, I think the judge can take notice of our financial condition and ask...
that we can request two days extension on the order. Thank you, Mr. Chairman.
Chairman Hernandez: There is a vote. Motion by Vice Chairman Teele, seconded by
Commissioner Plummer. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-230
A MOTION INSTRUCTING THE CITY ATTORNEY TO SEEK A LEGAL REVIEW
OF JUDGE THOMAS S. WILSON, JR.'S ORDER AND FINAL JUDGMENT FOR A
NEW MAYORAL ELECTION TO BE HELD 60 DAYS FROM THE DATE OF SAID
ORDER FOR THE PURPOSE OF EXTENDING THE DATE OF SAME AT LEAST
AN ADDITIONAL TWO DAYS, FROM SUNDAY, MAY 3, 1998 TO TUESDAY,
MAY 5, 1998.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
7 March 10, 1998
Chairman Hernandez: My last question to you, Mr. City Attorney, on this issue. I don't expect
an opinion from you right now, unless you know it. I read your brief to the District Court of
Appeal, and there is a question I still have referenced, if in fact, we would not fill the vacancy of
the Mayor, and a special election would be called within 45 days as per the Charter, and then in
five days we have the other election called by the judge, we in fact, or the difference between the
two elections, number one, is that one is open, the other one is closed. And, two, does the
judge's ruling, does that special election called by the judge supersede what the Charter calls for
or would in fact, we would have two Mayors that would have a right to that seat?
Mr. Maxwell: No, you wouldn't have two Mayors. Remember, as I explained to you before,
you have elections that are running on parallel tracks, that's one thing. And, his order does not
supersede the Charter provision and you wouldn't have two Mayors. Because, if you in fact,
appointed or called for an election, that Mayor would go in place at the latest, at the earliest on
Saturday. At the latest, 45 days from now. Yeah, forty... fifty-five days from now. That would
give you five days where you would have a Mayor that was elected at the latest, or a longer time,
if it was appointed. But, then, when the judge's election took place, that person would then take
office.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Let me ask a question, I am little confused on this. Now, you are saying
that the judge does not oversede our City Charter...?
Chairman Hernandez: He does not supersede the Charter.
Commissioner Gort: Supersede.
Mr. Maxwell: His order did not disturb the Charter.
Commissioner Plummer: Not at all.
Commissioner Gort: OK, in other words, let me ask you question. Are you asking that if we
have the special election, where the judge can consider that election to be his election?
Mr. Maxwell: No, no. You didn't ask me that. I didn't address that issue.
Commissioner Gort: OK.
Mr. Maxwell: I did not address that issue at all.
Commissioner Gort: Well, can we ask that?
Mr. Maxwell; No. I am sorry, I am sorry. What was that question?
Commissioner Gort: Can we ask that of the judge? Would he consider that?
Commissioner Plummer: For what?
Mr. Maxwell: I don't think the two are compatible.
Commissioner Gort: OK.
Mr. Maxwell: The two are not compatible because the judge specifically opened the election... I
mean, limited the election to five people.
8 March 10, 1998
Chairman Hernandez: My only question was, and it's just a point of clarification. The Charter
calls, that if in 10 days we do not fill the vacancy...
Commissioner Plummer: Yeah.
Chairman Hernandez: ... a special election must be held in 45 days.
Commissioner Plummer: Yeah.
Mr. Maxwell: That's correct.
Chairman Hernandez: That person that would win that seat, that election, would sit to fill...
Commissioner Plummer: Five days.
Chairman Hernandez: No, wait. Why five days? He sits there for the term that is left over on
former Mayor Suarez's seat.
Mr. Maxwell: No, sir.
Commissioner Plummer: No.
Mr. Maxwell: Because, there is a provision. If you follow your provision for vacancies.
Chairman Hernandez: All right.
Mr. Maxwell: Vacancies call for, they say how long a person will stay in office. In this
particular case, because the judge voided the 1997 election. If you look at Section 1 of the
Charter, that section says, I am sorry, not section... It's Section 12 (1) there.
Commissioner Plummer: Hell, if they open it up, I'll run.
Mr. Maxwell: It says that that person will remain in office until...
Commissioner Gort: Yeah...
Mr. Maxwell: ... and it gives two events. One event is an odd year...
Commissioner Plummer: Open it up. I'll run.
Mr. Maxwell: ... election for Mayor. That's the election that the judge voided, and in my
opinion...
Mr. Maxwell: Excuse me. That's the election that would be held pursuant the judge's order.
So, it will be satisfied. You... it would only stay... Anybody you appoint would only stay in
office until that election was held.
Chairman Hernandez: So, in fact, you are saying to me, that the judge's ruling supersedes the
Charter?
Mr. Maxwell: No, I am not.
Chairman Hernandez: That's what you are telling me, and you just said it, it doesn't.
9 March 10, 1998
Commissioner Plummer: No, it's not...
Mr. Maxwell: Well, he voided... It didn't supersede, he voided that election.
Commissioner Plummer: It's not in conflict. It's not in conflict.
Chairman Hernandez: Am I making sense of this, Art or...?
Vice Chairman Teele: Well, I'll tell you, you know, why don't we just take ten minutes. This is
not on the agenda. We have got all these people here on CD (Community Development). Why
don't we go ahead and address this thing intelligently. Let me tell you what I think, because no
one has ever asked me, the Chairman still hasn't asked me, so I am going to tell you what I
think.
Commissioner Plummer: Maybe after we hear what you say, we might not want to hear.
Vice Chairman Teele: I think the fact that the City was not represented at the District Court, was
a big mistake, because we have got a lot of confusion now. The reason that I asked that we be
under the Appellant Court, is so we didn't continue the mistake. I believe that if we are going to
go to court, we ought to go into the court, in Judge Wilson's court, and ask the judge to do
what's on everybody's mind, or what's on a lot of people mind. And, we should ask the judge to
take notice of our Charter.
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: That's what we should ask the judge to do. To take judicial notice of our
Charter. And, to amend his order to allow... To amend to his order as it relates to the remedy to
allow our Charter to take precedence over his order. Now, let's don't debate back and forth,
because I think you could get Philadelphia lawyers in a room, and five would agree with the
Chairman, and five would agree with the City Attorney. And, I happen to agree at this point,
that the City Attorney... that the judge's order does not take cognizant notice of the Charter of
the City of Miami. And, there is no way he is going to take notice of it, if somebody doesn't ask
him to. And, the authority that should ask the judge to take notice of our Charter, is the City
Attorney or an attorney that we send into court on our behalf. And, I believe that the judge's
order should be... The judge should be asked to recede from his order as it relates to the remedy
and that the Charter should take effect. That if he vacates the election, or if he has vacated the
election, the City Charter should have cut in, and a vacancy should have been declared and it
should be filled in accordance with our Charter. Now, I don't see anything radical about that,
J.L. I don't see anything that's double talk about that. Now, the effect of that, is very clear.
That if there is a vacancy, then it's a wide open election. And, that's what I think is giving a lot
of us some concern. So, if there... If the Chairman, wants a motion to that effect, if the City
Attorney feels that outside counsel would be better to make that argument, I don't know where
everybody lies on this.
Chairman Hernandez: Well...
Vice Chairman Teele: I have not had that discussion. But, what I am saying is that, if three
Commissioners agree, then that is the will, that is the policy will of this Commission, and only
the Commission makes policy. Not, the Attorney, not the Manager, not the lobbyists. We make
that. And, I would like to be on record as saying if there are two other people willing to support
a notion or a motion, that we go to court and ask the judge to take judicial notice of our Charter,
and ask that his order be amended to conform with our Charter, to allow for the election to take
place as required under our or provided for under our Charter, it has several applications. It will
affect the time line. Under our Charter, the time line would be what, Mr. Attorney?
10 March 10, 1998
Mr. Maxwell: Well, you have to act, for an appointment by Saturday.
Vice Chairman Teele: Say, again?
Mr. Maxwell: By Saturday. You have to appoint by Saturday under our Charter. No later than
Saturday.
Chairman Hernandez: Well...
Commissioner Regalado: Time line is 55 days. Time...
Mr. Maxwell: For appointments, you have to appoint
Chairman Hernandez: It's less.
Mr. Maxwell: by Saturday.
Commissioner Plummer: It's less now.
Mr. Maxwell: If you... Then, if you do not appoint then, 30 days from that Saturday, no less
than 30 days from that Saturday, no more than...
Chairman Hernandez: Forty-five.
Mr. Maxwell:... 45 days from that Saturday, you would have to have an election.
Commissioner Regalado: So, it's 55 days?
Mr. Maxwell: Total of 55 days.
Chairman Hernandez: Five days prior to the other one.
Vice Chairman Teele: And, see, the judge's order could be so simple...
Chairman Hernandez: Right.
Vice Chairman Teele: ... if he has just vacated the election, and let the Charter kick in.
Chairman Hernandez: Right.
Vice Chairman Teele: Because, then the Commission would have one of two options? The
Commission would have the option of appointing a person to serve for the remainder of the term
or the Commission would have the option of not making an appointment, and calling for a
special election. And, I will tell you, right now, I would do everything I could to block an
appointment and get a special election.
Chairman Hernandez: Well, Vice Chairman Teele, we have already directed the City Attorney
to go before Circuit Court Judge Wilson, so you have a motion, another motion.
Vice Chairman Teele: I am not going to make the motion if there is not two other people here...
I don't know how my colleagues feel about it.
Commissioner Plummer: Well, let me ask a question.
11 March 10, 1998
Chairman Hernandez: All right, all right. I am in favor of it.
Commissioner Plummer: Hypothetically, what you saying, if you prevailed with you opinion,
that would open the door, and I could run?
Vice Chairman Teele: Yes, sir.
Chairman Hernandez: Yes, sir.
Vice Chairman Teele: To put it very...
Commissioner Gort: Move it.
Commissioner Plummer: Well, yeah.
Mr. Garcia -Pedrosa: He would have to resign to do that.
Mr. Maxwell: He would have to resign to run, yeah.
Commissioner Plummer: Well, yeah.
Vice Chairman Teele: Mr. Chairman, I would move respectfully.
Commissioner Gort: Second.
Vice Chairman Teele: That the City Attorney and or the special counsel based upon the
judgment by the City Attorney, be instructed to go back into Judge Wilson's court, or maybe...
Or, and or the Appellant Court.
Mr. Maxwell: Well, you have already instructed me to go to the Appellant Court.
Vice Chairman Teele: But, not on this. And, to seek that Judge Wilson's order be amended or
rescinded and that his order relating to the remedy comport to the City Charter, as it relates to the
vacancy that he has declared. The vacancy... The question, the underlying question of the
vacancy and the voiding of the election would not be in question. But, merely, the mechanism of
filling the vacancy. That would be my motion.
Chairman Hernandez: Under discussion. There is motion and a second. Under discussion,
Commissioner Regalado.
Commissioner Plummer: Now, discussion.
Commissioner Regalado: Just one, Mr. Chairman, one point of clarification. What...? If we
approve this motion, what we are doing is, that we are deciding not to have the meeting
tomorrow, that's what we are doing? We have got to wait for the results of the City Attorney
and Judge Wilson's meeting. Is that what we are doing? So, we are not having the meeting,
tomorrow? Or, are we having the meeting tomorrow and hope that you have a response from
Judge Wilson?
Commissioner Gort: It's already been announced. Maybe we get a response. I think we should
go ahead and be here at twelve. If not, this means we will discuss it a little bit more.
Commissioner Regalado: OK. I am fine. I am just asking because of the expectations of this
meeting, and the fact that we do have to follow the Charter. But, the... you know, I am sure that
12 March 10, 1998
the will of the people of Miami is to have an election. That's... and, that's what the people of
Miami wants and that's what we should do.
Chairman Hernandez: No question about it. We have further discussion.
Commissioner Plummer: Mr. Teele.
Chairman Hernandez: Commissioner Plummer.
Commissioner Plummer: Mr. Teele. Am I to understand that in effect, what you are really
asking is to allow the election to be open to anyone who runs, rather than the edict of the court
that said that it was the five. Isn't that really the basic, final outcome?
Vice Chairman Teele: That would be the... That would be a final outcome. I think an important
outcome is also that we should ask the court to take notice...
Commissioner Plummer: Oh, yeah. I hadn't...
Vice Chairman Teele: ... of the Charter.
Commissioner Plummer: But, really the difference...
Vice Chairman Teele: And, I think the real legal principle that we are trying to establish is that
our Charter, is in fact, the constitution of the City of the City of Miami. And, that's why you
know, there have been... I have raised questions about it, from the very beginning, that we really
should adhere to our Charter.
Commissioner Plummer: Well, L. The only comment, I'll vote yes. The comment that I have,
and I have said this before, and I'll say it again. I have sat here for 28 years, and I have been
through this process, many, many times. And, I have to tell you, if this City Commission,
barring what may be coming out of these lawsuits does not make a decision by Saturday, and
forces a second election, shame on us. We have got to make the decision. We can't pass on the
bullet. And, as far as I am concerned, I have said before, if it takes some spirit of compromise,
so be it. But, let me tell you something, in lieu of any of these court decisions, I would feel very,
very badly if we don't make a decision by Saturday.
Commissioner Regalado: Well, we have to make a decision by Saturday.
Commissioner Plummer: No, we don't make a decision, it goes to an election.
Commissioner Regalado: No, no, no, but I am saying, that I am sure that the will of this
Commission is to make a decision. It's just that we are exploring some possibilities.
Vice Chairman Teele: Well...
Commissioner Plummer: I understand that.
Vice Chairman Teele: ... Commissioner Plummer, let me be on the record. I would not make a
decision if the judge were to agree.
Commissioner Plummer: Oh, absolutely.
Vice Chairman Teele: If the judge were agree that he would vacate his order as it relates to...
13 March 10, 1998
Commissioner Plummer: And, the Charter prevails, you don't have to make a decision.
Vice Chairman Teele: ... the special election on 60th. I want to very clear, I would not be in
favor of appointing a Mayor to serve out the term as the Commission did, relating to the
untimely death of Mayor Clark.
Commissioner Plummer: I hear you.
Vice Chairman Teele: I would be in favor of having a special election, and whatever provisions
that would trigger a special election, is what I would be in favor of doing, under our Charter.
And, Mr. Attorney, you can guide me on that.
Commissioner Plummer: I have one other question. When is the next election in the County?
Commissioner Gort: Today.
Commissioner Plummer: No, not today.
Commissioner Regalado: September.
Commissioner Plummer: September?
Commissioner Regalado: September is the primary.
Commissioner Plummer: Now, as I recall, anyone elected in the special... Is it a special or an
appointment, is only in that term until the end or the next election.
Mr. Maxwell: There are two... There are two provisions.
Commissioner Plummer: In other words, if somebody were to run in 45 days, is it my
recollection that they would only serve until September, and run again?
Mr. Maxwell: It says, this is what the Charter says on that. Shall the so person appointed, if you
appoint him...
Vice Chairman Teele: Appointed.
Commissioner Plummer: No, no. Not appointed. I'm talking about...
Mr. Maxwell: Oh. They would serve out the term.
Commissioner Plummer: I am talking about if he were to be elected in a special election in 45
days.
Commissioner Regalado: It would run the term.
Commissioner Plummer: ... Does he serve out the full term or does he serve out until the next
general election?
Chairman Hernandez: Full term.
Commissioner Regalado: Full term. Full term.
Mr. Maxwell: No. Serves out the full term.
14 March 10, 1998
Commissioner Regalado: Full term. Full term.
Mr. Maxwell: Full term.
Commissioner Plummer: Full term?
Mr. Maxwell: Full term.
Commissioner Plummer: OK. Only if they are appointed, do they serve out until the next...?
Mr. Maxwell: To the next election is what it amounts to.
Commissioner Plummer: OK. Thank you.
Chairman Hernandez: Any further discussion? We have a motion on the floor by Vice
Chairman Teele. We have a seconder by Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: There is no "nays."
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-231
A MOTION INSTRUCTING THE CITY ATTORNEY AND/OR SPECIAL OUTSIDE
COUNSEL (SHOULD THE CITY ATTORNEY DEEM IT APPROPRIATE TO HIRE
OUTSIDE COUNSEL) TO GO TO CIRCUIT COURT OF THE 11TH JUDICIAL
CIRCUIT OF FLORIDA, IN AND FOR THE MIAMI-DADE COUNTY, AND ASK
JUDGE THOMAS S. WILSON, JR., AND/OR THE APPELLATE COURT, TO SEEK
THAT JUDGE WILSON'S ORDER RELATING TO THE REMEDY OF THE CITY
MAYORAL ELECTION BE AMENDED OR RESCINDED, IN ORDER TO
COMPORT TO PROVISIONS OF THE CITY OF MIAMI CHARTER, AS IT
RELATES TO THE MECHANISM TO FILL VACANCY CREATED IN THE OFFICE
OF EXECUTIVE MAYOR DECLARED BY JUDGE WILSON.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: We do have a meeting tomorrow at 12 o'clock, anyway.
Commissioner Plummer: Are you serving lunch?
15 March 10, 1998
NOTE FOR THE RECORD: At this point, the minutes of October
28, 1997 were approved by Commissioner Plummer, and
seconded by Commissioner Regalado.
Chairman Hernandez: I need a motion approving the minutes of the Planning and Zoning
meeting of...
Commissioner Plummer: So moved.
Chairman Hernandez: ... October 28, 1997.
Commissioner Regalado: Second.
Chairman Hernandez: There is a motion by Vice Chairman Teele, seconded by Commissioner
Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
NOTE FOR THE RECORD: Consent Agenda items CA-14,
Regular items 6 and 24 ave een withdrawn.
Chairman Hernandez: For the record, items... Consent Agenda 14, regular items six and twenty-
four have been withdrawn from the agenda.
Commissioner Plummer: Woe, woe, woe. Slow down. Say again.
Chairman Hernandez: Consent Agenda 14.
Commissioner Plummer: Yeah.
Chairman Hernandez: Regular item six and twenty-four have been pulled from the agenda.
Commissioner Plummer: OK.
Commissioner Regalado: Mr. Chairman, I have a couple of questions on Consent Agenda item
eight. If we can...?
Chairman Hernandez: We are going to move into the Consent Agenda items now. We might as
well start with...
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Regalado: Eight.
Commissioner Gort: Six and what else?
Chairman Hernandez: Six, twenty-four.
16 March 10, 1998
4. CONSENT AGENDA.
Commissioner Plummer: Six and twenty-four in the regular agenda. Mr. Chairman, item CA-
14, I might as well make my comments instead of bringing it back at the next meeting. Mr.
Manager, if I may? Sir, I told you before, and I am going to tell you again. In the committee
who does the evaluation there were no outsiders in that evaluation committee. I am totally
opposed to that. People in the private sector are not dumb. And, I am going to absolutely vote
against this thing until we get people from the outside who know finance, who know business,
know economics. And, I am not speaking down of your staff. But, I think we should have a
balanced committee of in-house and people from the private sector who wish to serve and to help
this City. I am going to be in opposition, Mr. Manager, until those committees are balanced. So,
I am just putting that on the record for you. You can bring it back if you want, but if it comes
back with the same, I am going to vote against it.
Commissioner Regalado: I think that in this case, it's important that the Manager has time to
review the whole situation, and not necessarily bring this issue on the next meeting, but to wait
for the Manager's timetable for the Commission.
Commissioner Plummer: You know, I am sorry to do this to you, because I'm the one that's
been most insistent to the contrary. But, I want to pull item 19, of the Consent Agenda. But, I
am scared that if I do, I am going to mess up the Manager. But, I got to tell you something, how
many delays are we going to give this cable TV?
Chairman Hernandez: Well, I...
Commissioner Plummer:
I am told that the company that we are negotiating is already sold
without our approval.
Commissioner Regalado:
J.L., I had it written.
Commissioner Plummer:
Are you pulling it?
Commissioner Regalado:
Yes.
Commissioner Plummer:
Oh, if you are pulling... OK, we have given him... I am sorry, I didn't
know you were pulling it.
All right, so, I'll shut up.
Mr. Jose Garcia -Pedrosa (City
Manager): He is talking about 19.
Commissioner Plummer:
I'm talking about TCI.
Commissioner Regalado:
Nineteen.
Commissioner Plummer:
I am talking about TCI.
Commissioner Regalado:
The TCI, the TCI, because of the fact that we keep standing, and
standing...
17 March 10, 1998
Commissioner Plummer: They have already sold out, and yet, we are sitting here holding cable
that don't work. I still want to know what happened to Channel 35, 34 and 33. I am still paying
for it.
Commissioner Gort: You lucked out.
Chairman Hernandez: Commissioner Regalado, you are requesting to pull CA-19?
Commissioner Regalado: Nineteen.
Commissioner Plummer: OK, then I'll shut up.
Chairman Hernandez: OK. CA-19, is now pulled from the agenda. What questions do you have
on CA-8, which I had questions too.
Vice Chairman Teele: I asked that it be pulled from the agenda and ask the applicant, the
successor be required to appear before the Commission.
Chairman Hernandez: Uh-huh. I had the same issues. CA-8...
Commissioner Regalado: I have the same issue.
Chairman Hernandez: ... and CA-19 are being pulled from the agenda.
Commissioner Regalado: CA-8, dates back, Mr. Chairman, to 1993. It's incredible. And, it
hasn't gone to the Commission since then.
Commissioner Plummer: I would like to pull item 12, if I may, for further discussion? It seems
like an awful lot of money. CA-12, yeah.
Chairman Hernandez: You have discussion, or you want to pull it?
Commissioner Plummer: Well, I can pull it, because they can bring it back, and if its need be,
maybe this afternoon they can come explain. It just seems like an awful lot of money for fueling
and testing.
Mr. Garcia -Pedrosa: Why don't we talk to Commissioner Plummer over the lunch break, and
maybe...
Commissioner Plummer: That will be fine, sir, if you can find me.
Commissioner Gort: All of us.
Chairman Hernandez: OK, we will CA-12 out of what we are going to vote now on the Consent
Agenda.
Commissioner Gort: Mr. Chairman.
Mr. Garcia -Pedrosa: Also, Mr. Chairman...
Chairman Hernandez: Yes, yes.
Vice Chairman Teele: Yeah, but, the only... let me just ask this.
18 March 10, 1998
Commissioner Gort: As I recall... As I recall at one time, we discussed this item. My
understanding was, that by utilizing the Metro, it was costing us a lot more. So, I would like to...
Commissioner Plummer: Willy, I have no problem except somebody has got to tell me why it's
so expensive.
Commissioner Gort: That's why I want it to come back to me, because..
Vice Chairman Teele: Yeah, but it's not... I don't think this is a question of expense as much as
it is a question of a limitation of the authority to exceed an amount of money. It's how much gas
you put in.
Commissioner Plummer: Well, Mr. Teele, let me say to you, sir. In my agenda, I have got about
six items that I am probably going to wind up voting against. Because, as I told you before, of
those six and seven items, each one of those are an increase in what was the awarded bid, and in
my opinion, I have said to you before, I am not going to be accused of low balling the bids.
When you make a bid, the contractor has to stand by it. You don't come back and ask for sixty
thousand dollars ($60,000) more, or eighty thousand dollars ($80,000) more which would have
maybe made that bid not the highest and best bid. That's low balling, and I am not in the used
car business. I only sell a casket one time.
Chairman Hernandez: OK, we will take up CA-12 in the afternoon, after you are briefed on the
item. Do we have a motion at this time that the Consent Agenda...
Mr. Garcia -Pedrosa: Mr. Chairman, if I may, before you do that? On CA-9, the resolution needs
to reflect the fact that the increase is of sixty thousand dollars ($60,000) which is the amount of
the grant that we received. The way it reads now it appears to be only for the difference between
thirty-eight and sixty, and that's not exactly accurate.
Chairman Hernandez: OK.
Mr. Garcia -Pedrosa: In other words, we would simply ask that the numbers in the resolution
reflect the fact that the City received a grant for sixty thousand dollars ($60,000)...
Commissioner Gort: Right.
Mr. Garcia -Pedrosa: ... and that is the amount of the increase.
Commissioner Gort: That's the way I understood it.
Commissioner Plummer: That's not mine. That's not mine. That's not the one I'm talking
about.
Mr. Garcia -Pedrosa: No, no, no. This is just... No, this is something that I am bringing up
before you pass the Consent Agenda.
Commissioner Plummer: Yeah, you are entitled once in a while.
Vice Chairman Teele: What are the items that have been pulled from the...
Chairman Hernandez: Here is the motion, and here is the items, with the exception, we are
going to be voting if there is a motion that the Consent Agenda comprised of item CA-1 through
CA-20 be adopted with the exceptions of CA-14, CA-19 and CA-8.
19 March 10, 1998
Commissioner Plummer: Wait a minute, didn't I ask for 12?
Chairman Hernandez: Twelve will be pulled for... Eight, fourteen and nineteen, we are not
going to be voting. It's been withdrawn. CA-12 will be voted upon later on in the afternoon
after you have been informed.
Commissioner Plummer: That's fine, sir.
Chairman Hernandez: Is there a motion?
Commissioner Plummer: So moved.
Mr. Manuel Gonzalez-Goenaga: Mister... Mr. Chairman.
Commissioner Gort: Second. [phonetic]
Commissioner Regalado: Second.
Chairman Hernandez: There is a motion on the floor by Commissioner Plummer, seconded by
Commissioner Gort. Under discussion.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WA TERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED AS A
REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER 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.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
20 March 10, 1998
4.1. ACCEPT BID: OAKS TRADING POST & CO. -- FOR GLOCK FIREARMS -- FOR
POLICE -- ALLOCATE $78,440. FROM ACCTS. 001000.290201.6.840 AND
001000.290201.6. 907.
RESOLUTION NO. 98-232
A RESOLUTION ACCEPTING THE BID OF OAKS TRADING POST
& CO., FOR THE FURNISHING OF GLOCK FIREARMS, FOR THE
DEPARTMENT OF POLICE, AT A TOTAL COST OF $78,440.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NOS.
0001000.290201.6.840 ($39,410) AND 001000.290201.6.907 ($39,030);
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.)
4.2. ACCEPT BID: ED MORSE FLEET SALES -- FOR PASSENGER VANS FOR PARKS
ND RECREATION -- ALLOCATE $82,839. FROM FUND-RAISING -- SPECIAL
REVENUE ACCOUNT 580325-840 PROJECT 110032.
RESOLUTION NO. 98-233
A RESOLUTION ACCEPTING THE BID OF ED MORSE FLEET
SALES FOR THE PROCUREMENT OF PASSENGER VANS FOR THE
DISABILITIES DIVISION OF PARKS AND RECREATION
DEPARTMENT, AT A TOTAL PROPOSED AMOUNT NOT TO
EXCEED $82,839.00; ALLOCATING FUNDS THEREFOR FROM THE
DISABILITIES DIVISION FUNDRAISING -SPECIAL REVENUE
ACCOUNT NO. 580325-840, PROJECT NO. 110032, AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID VEHICLES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
21 March 10, 1998
4.3. ACCEPT BID: MARIN & MARIN CONSTRUCTION, INC. -- FOR MIAMARINA -
PIER "G", H-1014G -- ALLOCATE $350,800. FROM CIP PROJECT 413400.
RESOLUTION NO. 98-234
A RESOLUTION ACCEPTING THE BID OF MARIN & MARIN
CONSTRUCTION, INC., (BIDDER) IN THE AMOUNT OF $331,200.00
TOTAL BID, FOR THE PROJECT ENTITLED "MIAMARINA -- PIER
"G", H-1014G" ALLOCATING FUNDS THEREFOR FROM PROJECT
413400, AS APPROPRIATED BY THE FISCAL YEAR 1995-96
CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED,
IN THE AMOUNT OF $331,200.00 TO COVER THE CONTRACT
COST AND $19,600.00 TO COVER THE ESTIMATED EXPENSES
FOR AN ESTIMATED TOTAL COST OF $350,800.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, WITH THE SUCCESSFUL BIDDER, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.4. ACCEPT BID: PIFER, INC. -- FOR 1998 CUSHMAN OFF -ROAD HAULSTER,
898469 MODEL -- FOR FIRE -RESCUE -- ALLOCATE $26,370. FROM MIAMI-
DADE EMS GRANT ACCT. 104011-280550-6-840.
RESOLUTION NO. 98-235
A RESOLUTION ACCEPTING THE BID FROM PIFER, INC. FOR
THE FURNISHING OF ONE (1) NEW 1998 CUSHMAN OFF -ROAD
HAULSTER, 898469 MODEL, FOR THE DEPARTMENT OF FIRE -
RESCUE, AT A TOTAL COST OF $26,370.00; ALLOCATING FUNDS
THEREFOR FROM THE MIAMI-DADE COUNTY EMS GRANT,
ACCOUNT CODE NO. 104011.280550.6.840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID VEHICLE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
22 March 10, 1998
4.5. APPROVE PURCHASE OF PLAYGROUND EQUIPMENT FROM 16 VENDORS --
FOR PARKS AND RECREATION -- ALLOCATE $1,410,300. FROM CIP SAFE
NEIGHBORHOOD PARK FUNDS.
RESOLUTION NO. 98-236
A RESOLUTION WITH ATTACHMENT, APPROVING THE
PURCHASE OF PLAYGROUND EQUIPMENT FROM SIXTEEN (16)
VENDORS AS LISTED IN EXHIBIT A, ATTACHED HERETO AND
MADE A PART HEREOF, UNDER EXISTING DADE COUNTY
CONTRACT NO. 4907-3/98-2, FOR THE DEPARTMENT OF PARKS
AND RECREATION FOR A PERIOD OF ONE YEAR WITH THE
OPTION OF RENEW ON A YEAR-TO-YEAR BASIS UNTIL
NOVEMBER 30, 1999, AT A FIRST YEAR AMOUNT NOT TO
EXCEED $1,410,300; ALLOCATING FUNDS THEREFOR FROM
SAFE NEIGHBORHOOD PARK FUNDS AS APPROPRIATED BY
CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED,
ADOPTED JANUARY 25, 1996; FURTHER AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.6. AUTHORIZE PURCHASE OF FLORIDA LAW ENFORCEMENT HANDBOOKS
FROM MIAMI-DADE POLICE -- ALLOCATE $9,800. FROM POLICE GENERAL
BUDGET ACCT. 001000.290201.6.722.
RESOLUTION NO. 98-237
A RESOLUTION AUTHORIZING THE PURCHASE OF 1,400
FLORIDA LAW ENFORCEMENT HANDBOOKS - CITY OF MIAMI
EDITION, FROM THE METRO-DADE POLICE DEPARTMENT, AT A
TOTAL COST OF $9,800.00 FOR THE DEPARTMENT OF POLICE;
ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 001000.290201.6.722; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THESE HANDBOOKS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
23 March 10, 1998
4.7. APPROVE PURCHASE OF RADIO BATTERIES FROM MOTOROLA, INC. -- FOR
POLICE -- ALLOCATE $20,800. FROM ACCT. 001000.290201.6.718.
RESOLUTION NO. 98-238
A RESOLUTION APPROVING THE PURCHASE OF STX RADIO
BATTERIES FROM MOTOROLA, INC., FOR THE DEPARTMENT OF
POLICE UNDER EXISTING STATE OF FLORIDA CONTRACT NO.
450-120-98-1, AT A TOTAL AMOUNT NOT TO EXCEED $20,800.00'
ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 001000.290201.6.718; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.8. INCREASE CONTRACTS WITH CERTIFIED SOCIAL SERVICE AGENCIES -- FOR
VICTIM ASSISTANCE COUNSELING SERVICES -- FOR POLICE -- ALLOCATE
$21,608.92 FROM VICTIMS OF CRIME ACT GRANT.
RESOLUTION NO. 98-239
A RESOLUTION AUTHORIZING THE EXTENSION OF THE TERM
OF THE AGREEMENT BETWEEN THE CITY OF MIAMI AND
LAWMEN, INC., FOR THE PROVISION OF VICTIM ASSISTANCE
COUNSELING SERVICES FOR THE DEPARTMENT OF POLICE,
FOR AN ADDITIONAL TERM OF ONE YEAR, AND INCREASING
THE AMOUNT OF COMPENSATION PAYABLE DURING THE
EXTENDED TERM TO $60,000; ALLOCATING FUNDS THEREFOR
FROM "VICTIMS OF CRIME" ACT GRANT FUNDS; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SAID
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EVIDENCE SAID EXTENSION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
24 March 10, 1998
4.9. AUTHORIZE FUNDING OF MIAMI URBAN MINISTRIES YOUTH PROGRAM --
ALLOCATE $4,950. FROM LETF PROJECT 690001,690002, 690003.
RESOLUTION NO. 98-240
A RESOLUTION AUTHORIZING THE FUNDING OF THE MIAMI
URBAN MINISTRIES YOUTH PROGRAM, IN AN AMOUNT NOT
TO EXCEED $4,950.00; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002, 690004, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING" AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.10. ACCEPT PLAT: KRISTI HOUSE.
RESOLUTION NO. 98-241
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: "KRISTI HOUSE, A SUBDIVISION IN THE CITY OF
MIAMI, FLORIDA, SUBJECT TO ALL OF THE CONDITIONS OF
THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT; FURTHER, PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
25 March 10, 1998
4.11. DESIGNATE BROWNFIELDS AREA TO INCLUDE WYNWOOD BROWNFIELDS
PILOT PROJECT / ALLAPATTAH /OVERTOWN -- FOR ENVIRONMENTAL
REMEDIATION AND ECONOMIC DEVELOPMENT.
RESOLUTION NO. 98-242
A RESOLUTION WITH ATTACHMENT, DESIGNATING A
BROWNFIELDS AREA IN THE CITY OF MIAMI FLORIDA, TO
INCLUDE THE WYNWOOD BROWNFIELDS PILOT PROJECT AND
CERTAIN AREAS WITHIN OVERTOWN AND ALLAPATTAH, FOR
THE PURPOSE OF ENVIRONMENTAL REMEDIATION,
REHABILITATION AND ECONOMIC DEVELOPMENT, FURTHER
AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID
DESIGNATION.
(Here follows body of resolution, omitted here and on tile in the Office of
the City Clerk.)
4.12. AUTHORIZE AGREEMENT WITH VINCAM OCCUPATIONAL HEALTH
SYSTEMS, INC. -- FOR MANAGED CARE SERVICES FOR WORKERS'
COMPENSATION -- FOR TWO YEARS WITH OPTIONS -- ALLOCATE $300,000
MAXIMUM / ANNUALLY FROM SELF INSURANCE AND INSURANCE TRUST
FUND ACCT. 515001.424401.6.668.
RESOLUTION NO. 98-243
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH VINCAM
OCCUPATIONAL HEALTH SYSTEMS, INC. ("VOHS"), FOR THE
PROVISION OF MANAGED CARE SERVICES FOR WORKERS
COMPENSATION, FOR A PERIOD OF TWO YEARS, AT AN
ANNUAL AMOUNT NOT TO EXCEED $300,000, WITH OPTION OF
THE CITY TO EXTEND SAID AGREEMENT FOR THREE (3)
ADDITIONAL ONE (1) YEAR PERIODS, SAID AGREEMENT TO
PROVIDE INCENTIVES TO VOHS SHOULD PERFORMANCE
EXCEED GUARANTEED TARGETS, AND TO REQUIRE
APPROPRIATE REFUNDS BY VOHS TO THE CITY SHOULD
PERFORMANCE FALL SHORT OF GUARANTEED TARGETS;
ALLOCATING FUNDS THEREFOR FROM THE SELF INSURANCE
AND INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.424401.6.668.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
26 March 10, 1998
4.13. CONFIRM APPOINTMENTS TO DOWNTOWN DEVELOPMENT AUTHORITY.
RESOLUTION NO. 98-244
A RESOLUTION CONFIRMING THE APPOINTMENT OF CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE BOARD OF
DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.14. CONFIRM NOMINATIONS TO OVERTOWN ADVISORY BOARD.
RESOLUTION NO. 98-245
A RESOLUTION CONFIRMING THE NOMINATION OF CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE OVERTOWN
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.15. AUTHORIZE SETTLEMENT: ROBERT TORRES AND MYRIAM TORRES --
ALLOCATE $49,500. FROM SELF INSURANCE AND INSURANCE TRUST FUND
ACCT. 515001.424401-652.
RESOLUTION NO. 98-246
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY ROBERT TORRES AND MYRIAM TORRES, HIS WIFE,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $49,500.00, IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, IN UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
COURT CASE NO. 96-0966 - CIV-UNGARO-BENAGES, UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE INSURANCE AND
SELF-INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.424401-652.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
27 March 10, 1998
4.16. ACCEPT PROPOSAL FROM BELLSOUTH BUSINESS SYSTEMS, INC. -- FOR
MEGALINK T1 CIRCUIT SERVICES TO PROVIDE DATA COMMUNICATIONS
BETWEEN CITY HALL AND RIVERSIDE CENTER -- ALLOCATE $6,500
MAXIMUM FROM ACCT. 001000.460101.6.510.
RESOLUTION NO. 98-247
A RESOLUTION ACCEPTING THE PROPOSAL FROM BELLSOUTH
BUSINESS SYSTEMS, INC., AS THE MOST ADVANTAGEOUS
PROPOSAL FOR MEGALINK T1 CIRCUIT SERVICES TO PROVIDE
DATA COMMUNICATIONS BETWEEN MIAMI CITY HALL AND
THE MIAMI RIVERSIDE CENTER; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH BELLSOUTH
BUSINESS SYSTEMS, INC., FOR A PERIOD OF THIRTY-SIX (36)
MONTHS, AT A PROPOSED INSTALLATION COST OF $1,471, AND
AT AN ANNUAL COST NOT TO EXCEED $6,500; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.460101.6.510, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Chairman Hernandez: Mr. Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Well, good morning, Commissioners and citizens of Miami. By
way of introduction, let me tell you that I am available, free of charge with no help whatsoever to
be Interim Mayor. And, I will only ask for one help, and I will solve a big problem for, Mr.
Clinton, Monica Lewinsky in my office. And, regarding these issues, CA-1, with what I am
reading in the newspapers, why do we need to spend eighty thousand dollars ($80,000) to furnish
firearms to the police? Why don't we give them water pistols, so they don't do what they are
doing? And, then, regarding CA-5, this is for the equipment, playground equipment. I think that
some of that money, of one point four million dollars ($1,400,000) should be given to these
Commissioners. CA-6, that's a good one, provided the policemen will study it. It's not just to
get the books, to study the law enforcement handbooks. Why do we need in CA-7, radio
batteries. I think that they are too expensive. On CA-9, I am in total favor with this grant,
provided I have been a victim of police, and I have... they have never approached me to give me
counselling services. And, then on the fuel emissions, it will be discussed, and why do we need
on CA-20, communications between City Hall and the Riverside Center? The less we
communicate, the more peaceful this Commission will work.
Chairman Hernandez: Thank you, very much, Mr. Gonzalez-Goenaga.
Chairman Hernandez: There is a motion on the floor and a second to accept the Consent Agenda
as stated. All those in favor say "aye."
The Commission (Collectively): Aye.
28 March 10, 1998
----------------------------------------------------------------------------------------------------------------
5. COMMENTS BY ALBIO CASTILLO RELATED TO VIOLATIONS DURING
CALLE OCHO FESTIVAL.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item number two. Yes, sir.
Mr. Albio Castillo: May I have a word with this, Commission?
Chairman Hernandez: Regarding.
Mr. Castillo: Regarding a festival that happened March the 8th.
Chairman Hernandez: Sir, I am sorry, we are not taking that issue right now. If the issue comes
before us, we will discuss it.
Mr. Castillo: Well, it's very important because there is a lot of violations that you should be
aware of.
Chairman Hernandez: I understand, sir. What carnival or what festival?
Mr. Castillo: Calle Ocho.
Chairman Hernandez: OK.
Mr. Castillo: You have got a couple of violations in there, and the City has done nothing about
it.
Chairman Hernandez: OK. Please, go see the City Manager's staff and he will put it on the
agenda as a discussion item, OK.
Mr. Castillo: OK.
Chairman Hernandez: Thank you, very much.
Mr. Castillo: You are welcome.
END OF DISCUSSION -- NO ACTION TAKEN
29 March 10, 1998
----------------------------------------------------------------------------------------------------------------
6. (A)DISCUSSION AND PUBLIC HEARING REGARDING 1998-1999
PROPOSED CONSOLIDATED PLAN -- FOR CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) / HOME INVESTMENT
PARTNERSHIPS (HOME) / EMERGENCY SHELTER GRANT (ESG) /
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAMS.
(B)APPROVE STAFF RECOMMENDATIONS FOR 1998-1999 24TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS -- FOR
PUBLIC SERVICES AND SOCIAL PROGRAMS -- FURTHER RESERVE
RIGHT TO MODIFY ALLOCATIONS DURING COMMISSION MEETING
OF MARCH 24, 1998. -- SEE LABEL 8, 10, AND 19.
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Chairman Hernandez: Item number two, dealing with the fiscal year '98-'99, HUD (Department
of Housing and Urban Development) consolidated plan and funding recommendations.
Mr. Jose Garcia -Pedrosa (City Manager): Let me ask, Mr. Chairman that Gwen Warren, newly
appointed director of Community Development, make a presentation, or her assistant.
Ms. Gwendolyn Warren (Director of Community Development): Good morning,
Commissioners. My name is Gwendolyn Warren, I am representing the City of Miami's
Department of Community Development. Today is my first day at my appointment, and what I
am going to do is, ask that my Assistant Directors do the actual presentation on our consolidated
plan, and our proposed plan of action. I would like to introduce to you at this time, Jose Cerdan,
the Assistant Director of Community Development.
Mr. Jose Cerdan (Assistant Director/Community Development): Good morning, Mr. Chairman
and members of the Commission. We have prepared a summary of the USHUD (United States
Department of Housing and Urban Development) proposed plan for your review. It's the legal
sized form that you should have in front in you, that in a nutshell summarizes the
recommendations of the staff, the Citywide Advisory Board, and the Economic and
Development Transportation Committee. We met with the community for a total of 20... We
had 20, 21, 22 neighborhood meetings. We also met with the Economic Development
Committee, and this is the final document that captures all of our recommendations. Basically,
we respectfully request that the Commission adopt the attached resolution and ordinance
appropriating federal funds for the City of Miami from the US Department of Housing and
Urban Development. We are prepared to answer any of your concerns, comments or questions
regarding our proposed recommendations at this time.
Vice Chairman Teele: Mr. Chairman.
Commissioner Plummer: Are you speaking now to the Community Development?
Chairman Hernandez: Yes.
Commissioner Plummer: Just for the record, Mr. Chairman, I had had a request before I walked
out, for Mr. Ken Treister who has a lot of high priced help here with him. I don't know if you
could take it out of order. This is strictly for Virrick Park, and we've got all of the preachers that
need to go back and pray. So, you tell them, no, I am not going to tell them.
30 March 10, 1998
Vice Chairman Teele: Is it....?
Chairman Hernandez: It's related.
Commissioner Plummer: Whatever you want to do. But, I am just honoring a request that was
given to me to, if it was possible to allow them...
Chairman Hernandez: Well, the item is directly related to item two.
Vice Chairman Teele: All right...
Commissioner Plummer: It is related indirectly to item two.
Chairman Hernandez: Right. Vice Chairman Teele.
Vice Chairman Teele: All right. Mr. Chairman, thank you, very much. As Chairman of the
committee with jurisdiction I want to first of all commend the Manager and the Community
Development staff. There has been a lot of time and effort given into this, with a lot of
transition. And, I think probably no department has been affected as much by the upheavals that
we have seen over the last 180 days, as the Department of Community Development. Mr.
Manager, I commend you for moving quickly in placing a director that will have an opportunity
to succeed, or move on. But, I am very confident that the director you have selected is up to the
task. Mr. Manager, members of the Commission, there are a number of serious problems with
our Community Development program. These are problems that didn't... that were not created
in a day or in one year. The committee heard tremendous evidence of confusion and
mismanagement. There are projects that the City of Miami owns that quite frankly, we have not
tracked in several years. We heard evidence of loans that have been granted, and grants that
have been granted in which there is no follow-up. In fact, some of the testimony was, that
buildings may have even been vacated and abandoned, and yet we are still certifying those as
grants and loans on an annual basis. There are a number of problems associated with the
coordination between the Community Development Office, the Finance Office, and the Law
Department. And, Mr. Manager, this is not at all to be redundant regarding the ongoing
Community Development audit, and exceptions by the federal government. And, again, we have
heard evidence of the outstanding actions that your office are taking to correct the problems that
have been identified. But, a number of programs and a number of projects that are clearly so in
need of direction, that your staff has recommended and I am further recommending to the
committee that there be a moratorium placed in several categories where it is clearly going to
require a fix. Those moratorium documents are before the Commission as well. The biggest
problem that we have, Mr. Chairman, members of the Commission, is quite frankly, not enough
money for the very good programs that are out there. Additionally, Mr. Chairman, the problem
that we are confronted with is a lack of policy direction from the Commission. This
Commission has given policy direction in the past, that our priorities, particularly in community
public service should be with elderly and other areas. The committee agrees, the staff agrees.
One of the areas that I think even, Commissioner Plummer, who was in yesterday, just
monitoring and auditing the hearing, concurs with, and the committee concurs with, is we need
to go through a rationalization as to what we are funding and why. One of the areas that sticks
out like a sore thumb is day care. Day care is the one area in which under the new WAGES
(Wages and Gains Economic Self-sufficiency) program there is an abundance of federal dollars,
and a lack of day care facilities, and yet, we are funding day care facilities with no real policy
justification, starting with the City of Miami's own Parks Department. Additionally, the funding
of day care is clearly... is working in a advesary role with for -profit entities that are out there
providing the service without government support. The area of public service and social grants
is the most important area for many of our citizens. And, for that reason, although the
committees, the City's staff recommended spending 100 percent of the money, the committee
31 March 10, 1998
has restructured it so that there is one hundred dollars ($100)... one hundred thousand dollars
($100,000) available to the Commission for earmarking or dedication based upon the needs that
are presented in this hearing today. The other area of course, that are very, very important relate
to the areas of housing, where there is clearly no leveraging or standards. The committee has
requested that the staff work over the next year and not at all interfere with this year's allocation
to develop leveraging standards. In other words, we give out grants sometimes where the dollars
are leveraged one to one, and in other cases, the dollars are leveraged six to one. And, clearly,
we should provide an incentive for greater leveraging. Finally, there are a number of short falls
in areas that have not been addressed to my satisfaction, Mr. Chairman and Mr. Manager. One
of which is the 108 loan, which the City is responsible for, of four hundred thousand dollars
($400,000), which clearly will go into default. We have not not been able to identify funds to
say that we are four hundred thousand dollars ($400,000) short, as we start this proceeding
today. Notwithstanding that, the committee has made available, five hundred thousand dollars
($500,000) for the Commission in addition to the one hundred thousand dollars ($100,000) for
public services for the Commission to make adjustments based upon the five hundred thousand
dollars ($500,000) reserved that has established based upon the committee recommendation.
The task before you today, in addition to hearing from the public, is to decide whether or not you
want to support the City staff recommendations as contained in the bullet. The CD
recommendations, that is, the Community Development Board recommendations, or the
Economic Development Committee recommendations. Mr. Chairman, I have asked for the
privilege of moving the Economic Development Committee recommendations in that there are
six hundred thousand dollars ($600,000) of reserves that have been made available to the
Commission from that category. One hundred thousand dollars ($100,000) in the area of public
service, and five hundred thousand dollars ($500,000) in all of the other areas. Roughly,
allowing each Commissioner the opportunity to make corrective actions of one hundred
thousand dollars ($100,000) without affecting anyone in any of the other categories and
approximately twenty thousand dollars ($20,000) in the area of public service. Finally, and
perhaps, very importantly, the Community Development Board, is a board that is appointed by
this Commission. That board has had a tremendous number of problems, primarily the lack of
staff's support and the lack of Commission's support. The board has not been given sufficient
information, and one of the documents that we are passing out, which quite frankly is the first
time this information has been made available to the Commission in this form, and I commend
again, the Community Development Office and the Planning and Development Office. And, Mr.
Manager, you have a very outstanding Planning Development staff that really is working
cooperatively where they can with Community Development. And, I think it shows one of the
positive sides of what government can do. But, it shows the eight CD (Community
Development) target areas. And, I want to caution the Commission about using this information.
Because, this information was not available and it came to me after talking to the Community
Development Board. They have no idea where the money is coming from. And, what the... this
number. What this shows you is a relative way by target areas of the '98 CD allocation and the
population. Essentially, this should be a back drop, it should not be a guide. But, this should be
a back drop in which we look to ensure that the Community Development funds are being
allocated in a manner consistent with where the dollars are coming from. Finally, we just have a
short fall of money. We have determined that the Citywide streets' and sidewalks needs is well
in excess of one hundred million dollars ($100,000,000) approximately, one hundred and
twenty-five million ($125,00,000). We get virtually no support from the County MPO process at
all. I am not certain that the Public Works Office has been as diligent on that issue. In the target
areas alone, we have roads and sidewalks' needs of over sixty million dollars ($60,000). There
are streets that I took Senator Magstaff (phonetic) in Commissioner Gort's district, and in my
district, and in other districts, in Commissioner Regalado's district, that literally, I don't want to
get into the problem that Mr. Moreno is in. But, I must tell you, we have streets in this City that
are below third world status. And, no citizen in the City of Miami should have to walk on the
kinds of streets and in the kinds of swells, and lack of sidewalks that we have throughout this
Community. It is a matter that Commissioner Plummer has also indicated is affecting our Risk
32 March 10, 1998
Management. We are paying out millions of dollars based upon these needs, and I would ask the
Manager in working in our federal legislative effort, we really must come in, Mr. Manager, with
some outside help on our roads and streets infrastructure. We cannot do it out of the CD budget
alone. We are earmarking approximately two million dollars ($2,000,000), one point nine
million dollars ($1,900,000), again this year, as we have done in the past, somewhere between
one point five and one point seven. And, we need to ensure that those dollars are more carefully
targeted to ensure that areas that really do... What's the...? Mr. Public Works Director, where is
that street that we went through that's there by Commissioner Gort's district? I just can't believe
that we have streets like that. And, I am not trying to embarrass my colleague, because we have
worst streets in my district, in Little Haiti, particularly.
Mr. Jim Kay (Director/Public Works): The vicinity of Northwest 19th Terrace, just west of 17th
Avenue, in that area to the south. Those were the areas we drove.
Commissioner Plummer: Are you talking about behind the bar?
Mr. Kay: I am not sure where the bar is.
Commissioner Plummer: Because, that's machine gun alley.
Commissioner Gort: ... area.
Mr. Kay: This... It's in Allapattah.
Commissioner Plummer: Oh, yeah. I grew up there, remember.
Vice Chairman Teele: But, in any event, we really do need to try to address some of the
backlog. And, we all have a sense of frustration. I want to work with Commissioner Regalado
who is the Chairman of Public Works to get dollars to him, but we cannot do it, it's out of the
Community Development.
Vice Chairman Teele: Mr. Vice Chairman.
Vice Chairman Teele: I think we should...
Commissioner Regalado: Just briefly, so you know from the information of the members of the
Commission. This Commission for many, many years did not approve any Public Works
projects in terms of sidewalks. And, yet, we had approved in the last two or three meetings, I
think about ten projects. And, as of today, we are working in two areas of the City, building
sidewalks as of today, right now.
Vice Chairman Teele: Well, I would like to know the two areas, but... But, I agree, and I think
the Public Works Department has clearly gotten the message, they are moving very quickly, Mr.
Manager. And, again, my comments are not directed, as being critical of Public Works. The
area that I think we do need to focus on, is that we need a survey of the County streets, the state
streets and the federal streets. And, we really need to document better the kind of letter that the
Manager has sent to Florida Power & Light which will come up with... But, Mr. Manager, we
need those kind of letters going to the federal, to the state and to Dade County. A lot of the
streets, like Second Avenue Northeast, which is a Dade County street. Those streets have been
abandoned, and we are not doing our job in insisting that the County do what it's supposed to do
to maintain... Because, they get the funds from the gas tax. They get the funds from the state
revenue sharing through the MPO process. And, the MPO process is not designed to help the
County, it's designed to help every municipality, including the County, and we have not been
getting any of those funds. The final point, is that the Community Development Board deserves
33 March 10, 1998
a lot more credit and a lot more support, and it's very important, Mr. Chairman, that we hear
from them, before we begin the public hearing. Because, they are the citizens that we have
appointed to be our eyes and ears and to report to us on the Community Development. You will
find that the Community Development Board recommendations are dramatically different from
the City staff recommendations. The committee sought to harmonize some of those differences.
I would particularly pay... take note of the fact that all of the Code Enforcement support in the
CD areas is paid for out of this. And, that's a nine hundred thousand dollar ($900,000) decision.
The committee is strongly supporting the continuation of that program, and of course, the
Community Development Board has a different view. But, that is people, and that's something
that just cannot be absorbed, Mr. Manager, by the General Fund at this time. So, Mr. Chairman,
I would yield to the Chairman of the Community Development Board and the representative.
Where is Kluger, and Mr. McKnight, who is, I think is your appointment, Mr. Chairman?
Chairman Hernandez: Yes, it is. Mr. McKnight.
Mr. Irby McKnight: Good morning, Mr. Chairman, Mr. Vice Chairman and Commissioners. I
am Irby McKnight, Chairman of Community Development Block Grant Board, and we have
other members of the board. Our Vice Chairperson, Ms. Rolle. Father Fox, Mr. St. Amand, Mr.
Enrique, Mr. Urquiola, Iris Cuevas, and Ms. Quintana. Mrs. Kluger, there are other board
members present. First, I want to... while the board members gather, I would like very much to
take this time to say that we had several public hearings and workshops to acquaint new board
members with what actually goes on at these hearings. One thing that the board agreed on
unanimously is, we would like to have a Commissioner attend these public hearings and the staff
of the Commissioners attend these hearings. First, it will acquaint you with the problems that the
service providers face in our communities. We know that you get calls from you constituents
about things that are going on, but we feel that if you attended these meetings, you would know a
little more about the service providers and the problem that they have to reach your constituency.
Secondly, we ask that the board be constituted of people who really have an interest in this. We
don't think that people should be placed on this board because they know someone. We really
think they should be here, because, number one, they are aware of the communities, or the
community that they live in. Number two, that they want to serve, because in order to take an
official action, we must have a quorum. We have been very good with quorum because we have
a good group. Thank you, for that. And, please help us maintain a good group. Next, while
there is a vast difference in how we, the board would like to see these monies expended versus
the staff, we must keep in mind that the staff is supposed to be the professional arm of the City,
and the monitoring agency for these projects. So, from time to time, they know things about
projects that the board members are not privileged to. We would like for that to change. And,
secondly, we ask that the board recommendation, as much as possible, be adopted. We wish all
of it is adopted. However, we know that we do not live in a public world, a perfect world,
therefore, we ask that the recommendation from the board and the Transportation Economic
Development Committee be given some priorities here. With that in mind, I want to thank
everyone who participated in the process, and for the service providers that are not
recommended for funds, it is not because you didn't have a good program. It is because we
didn't have the dollars to assist you. We can fund you to fail, but we did not want to do that. So,
without going any further, we bid our recommendation in your hands, and with that, Ms. Rolle.
34 March 10, 1998
Ms. Frankie Rolle: Elected board member from Coconut Grove. I would like to say to
Commissioner Teele, that board is made up of 18 persons. Eight are elected and ten are
appointed. And, we find that the ones who are appointed, they usually come to meeting when
they feel like coming, which isn't too often. And, the ones who were elected, in most instances,
they are always there. My plea is for Coconut Grove, because I live in Coconut Grove. And, the
word that I want to put out to you is, help. We need the help. We are in the process of
revitalizing our Virrick Park, and we need your help. And, when I... as I look through this
manual here, I didn't see where we were getting any help for Virrick Park. Now, you put in
reserve one hundred thousand dollars ($100,000), we don't need all of it, but we need all of it
and some more. And, in Coconut Grove, we need help. And, I would say here too, to the staff,
that when projects are in the Grove, please work with me. Come out there, talk with me. And,
let's go around and see what's going on. And, the same thing to my district Commissioner.
Reverend C. Ronald Fox: My name is Ronald Fox, I was appointed by Thelma Gibson to the
board. And, I would just like to say that, I would like for you to follow the recommendations
that was made on behalf of Coconut Grove. I have been a resident of Coconut Grove since 1982.
I work elsewhere now, but my heart is still in the Grove. There are a lot of problems in the
Grove, and we made some recommendations, we couldn't fund everybody, recommend funding
for everybody, but we tried to come up with an egalantarian approach so that everybody could
get something. And, I would really like to push for that. I was very much upset that we made...
I made a recommendation of one million dollars ($1,000,000), and only fifty thousand dollars
($50,000) was recommended by the staff. I find that unconscionable. And, maybe I'll have to
run for Commission, if you know...
Mr. Fred St. Amand: Mayor.
Reverend Fox: ... if we can't get anything out of it. Or Mayor.
Mr. St. Amand: Yeah, Mayor.
Reverend Fox: You know, if we can't get anything out, maybe that's if... that's what we have to
do, in order to get something out of it. But, I just want to plead to you, don't forget us in the
Grove, you know, and we won't forget you. Thank you.
Commissioner Plummer: You won't be the first Episcopal priest that sat up here.
Mr. St. Amand: Fred St. Amand, elected board member for Little Haiti, Little River. I think I
agree with most of the things that I have heard. I think Commissioner Teele said most of the
things that I was prepared to come before you and say. As a busy businessman, I think it's a
must for me to serve my community in view of the development in our community. We are the
second largest ethnic group in the City, but we are forgotten. I think, when we accept to run and
represent our community is because we care. But, our board has been really powerless. And,
the recommendation that we have made, and after long working hours... When we picked this,
and see what the City staff has done, I think it's a shame. And, then I think most of us have
decided, unless something is done, not only we are wasting our time, but there is no reason for us
to be here. Our community is in great need. First of all, the federal government has cut off most
of the aids that really the poor Haitians depend on. When you take the social agencies, when you
cut all the funds, you don't give them nothing, nothing whatsoever. Social agencies that you
know, the average Haitians depend on. You cut the funds to zero. What do you want them to
do? To turn to crime? To commit violent crime and everything? Then, everything comes right
back to you. You have to make sense. Commissioner and all of you, I want you to know, there
are actually a lot of qualified individuals who are looking at your positions. Yes, we want
balanced representations. You are here, you represent us. Commissioner Teele, you are our
representative. The Haitian community depends heavily on you to do the right thing. And, we
35 March 10, 1998
know you are doing the right thing. But, we expect, we hope, the entire Commission, hears our
notice, that we are watching you. Northeast 2nd Avenue, no lighting. It's not only the road.
When you go there, it was then a ghetto. While we're paying most of the taxes, besides the big
downtown and Coconut Grove, and we are not getting anything back.
Chairman Hernandez: Thank you, sir.
Mr. St. Amand: So we want you to be aware of this, a lot of changes have to be made.
Chairman Hernandez: Thank you.
Mr. St. Amand: Thank you.
Unidentified Speaker: Responsibility. And, we are here to support that.
Mr. Angel Urquiola: Good morning, gentlemen, Mr. Commissioners, Mr. Mayor. My name is
Angel Urquiola, I am member of the board. I was appointed to this board for Commissioner
Willy Gort. Commissioner Willy Gort told me to find out about every organization to ask for
money. I visited all these organizations that you have over here in your... And, I know how they
working. It's a lot of them over here, they don't work right. The money got lost. What we are
recommending in the board, money for somebody is because we are sure, very, very sure these
people working for the money you give to them. I see right now a lot of recommendations, we
did it. It was cut off, for the people who really work, and given away to other people who
doesn't work. We, the board, we know more, believe me, than anyone of you about all these
people, because we visiting these people. We surprised these people. We don't ask them for
appointment. We go over there and see how they work. This is why we have the experience to
recommend money for some people. OK. Thank you, very much. I appreciate you remember
the staff and Mr. Teele cut the only three program we have in Flagami. Flagami is not a target
area, but we pay more tax than the other area. I wanted Mr. Teele to put back the money in
Flagami. It's only about two hundred thousand dollars ($200,000), OK. Thank you, very much.
Ms. Iris Cuevas: Good morning, I am Iris from Allapattah. Good morning, Commissioners. I
just would like to say thank you. OK, good morning, I am Iris Cuevas from... I represent
Allapattah, I was appointed by the people, and I am just... I would like to say, thank you. There
were eight target areas that needed a lot, obviously, we didn't get everything we asked for. But,
I appreciate what you have done for the Allapattah district, although, we need more. Thank you.
Chairman Hernandez: Thank you, very much.
Ms. Jacqueline Cotarelo-Echagarrua: Excuse me. Hello, my name is Jacqueline Cotarelo-
Echagarrua, and I reside at 1815 Southwest 16th Street. I do not serve on this board. I am here
in support of something that was not recommended in the Coral Way NET's (Neighborhood
Enhancement Team) application.
Vice Chairman Teele: No, no.
Ms. Cotarelo-Echagarrua: I can't speak?
Chairman Hernandez: Not yet.
Vice Chairman Teele: You will be able to, but the board is speaking.
Ms. Cotarelo-Echagarrua: OK, I am sorry. That's why I made...
36 March 10, 1998
Ms. Dorothy Quintana: My name is Dorothy Quintana, I even shouldn't be here, because I am
sick. But, anyway, I represent Wynwood and I am 20 years for this City of Miami trying to help
my community and other communities, also. And, I can't understand why Wynwood hasn't
been represented really in the condition it should be. We have Commissioners that belong in
my, district three, and I don't see them going in there. I think that we need more representation
from the Commissioners in Wynwood to see how much we need... Whatever is going on in
Wynwood is terrible. The streets, they are rotten. The lights are not working. The trees, you
can't see the lights because of the trees, and I reported that 100 times.
Commissioner Plummer: We are going to talk about that this afternoon. There is an item from
Florida Power & Light which we are going to...
Ms. Quintana: OK. And, this is what, I keep talking and talking and nobody seems to listen, and
nobody seem to care. We have, like Child Care, ASPIRA We have plenty organizations that
need your help. And, I'll appreciate it, if you do. When you finish talking, then I'll continue
talking.
Commissioner Plummer: Well, you said... We are trying to figure out, who is district three?
Vice Chairman Teele: Well, she is supposed to be representing the Community Development
Board, and...
Ms. Quintana: You and you.
Ms. Quintana: You too. I think, you too.
Commissioner Plummer: No, I am district two.
Chairman Hernandez: I don't, that's not...
Commissioner Plummer: District three is you, isn't it.
Vice Chairman Teele: She's...
Chairman Hernandez: No, but, she is in Wynwood.
Commissioner Plummer: I understand. She spoke of district three. Who is district three?
Chairman Hernandez: I am district three, but district three doesn't even cross that side.
Commissioner Plummer: So, she made a mistake in saying district... It's district...
Chairman Hernandez: Right. It's..
Vice Chairman Teele: Yeah, but the point here is this.
Commissioner Plummer: Two is Wynwood, and I am in charge of that.
Ms. Quintana: OK.
Commissioner Plummer: Which I was there yesterday.
Ms. Quintana: OK, we have KIDCO. We have ASPIRA, we have Exceptional.
37 March 10, 1998
Vice Chairman Teele: OK, but, Ms. Quintana.
Ms. Quintana: Yes.
Vice Chairman Teele: We are affording you the opportunity to speak on behalf of the
Community Development Board. Come back and talk about the various projects, but...
Ms. Quintana: When do you want me to? Anytime you want me too, because...
Vice Chairman Teele: Please. No, today. Today.
Ms. Quintana: OK. But, anyway, I would appreciate it very much for... give us the opportunity
to speak and to really, for all the staff that work with us and all of you that pay attention to us.
I'll appreciate it very much, if you continue this condition. Thank you, very much.
Chairman Hernandez: Thank you, Dorothy.
Vice Chairman Teele: Thank you, Ms. Quintana.
Chairman Hernandez: Eleanor.
Ms. Eleanor Kluger: My name is Eleanor Kluger, and I am your downtown rep, appointed by
the downtown. OK. I would like to say that this is my second year serving on the board and this
year's advisory board has been the most concerned. Everyone that came from each of the target
areas has worked very hard. We have attended almost ten meetings by now, trying to resolve the
problems that have come up. There is many problems. Reorganization is what 1 have suggested
for two years. It is apparent that it's definitely needed. I am happy to have, Commissioner Teele
explore the problems that we have had in this City, because certainly the funding that is deserved
for the target areas, has not gotten there. And, you can tell by just looking at all of these areas.
When you get thirteen million dollars ($13,000,000) being going... dedicated to eight target
areas for 23 years, and you look at our target areas, you know, something is wrong. And, this is
the reason that 1, as a businesswoman, have gone and become part of this board in order to try to
correct the problems that have existed for 23 years. And, I want to thank those that are wanting
to help the City, and wanting to correct it. And, those that are delving into the situation, but
there is more than thirteen million, there is approximately twenty-seven million dollars
($27,000,000) each year that is spent, and I would like to see that brought into fruition where it
means something to each and everyone of the poor people of the City. We should not be a poor
City, we should be a rich City. And, with your help, hopefully, Commissioners, we will get this
problem solved.
Chairman Hernandez: Thank you, Ms. Kruger. Charles...
Mr. Charles Flowers: Good morning.
Chairman Hernandez: Before... you are going to be speaking on behalf of the Over... Right?
Mr. Flowers: Overtown... Overtown Advisory Board.
Chairman Hernandez: One second. I would like to acknowledge Commissioner Natasha Milian
from Miami Dade County, so she can address the Commission.
County Commissioner Natasha Milian: Thank you.
Chairman Hernandez: And, we will continue with the Oversight Board.
38 March 10, 1998
Commissioner Milian: Charles and I have known each other for a long time, and I have great
respect.
Mr. Flowers: Didn't see you over there.
County Commissioner Milian: And, my hat today, has nothing to do with my political position.
It has to do with my position in the private sector with the YMCA (Young Men Catholic
Association) as the vice president.
Commissioner Plummer: I thought you wanted to be Mayor.
County Commissioner Milian: Well, I think I have a chance, because I called most of you and
you returned my calls. Does that say, I can do it. Now, the cameras are going to be waiting
outside and believing this one. No, I thank you very much, and I thank those that are waiting,
just a few more minutes. I'll be very brief. I really do appreciate it. I just wanted to talk on
behalf of the YMCA and tell you that we are the largest childcare provider of the afterschool
child in Dade County. We serve about 4,000 children in over 60 sites. This particular project
which we have in front of you would deal with children from one to twelve years old. It would
increase their potential to have a quality of life, a values teaching, a way for team work and an
ability to interact with each other. And, it's in the areas of not the WAGES (Work and Gains
Economic Self-sufficiency), because I understand what Commissioner Teele is saying, I
certainly agree with you. But, this one is directed to the working poor. The working poor is
kind of like that alley that's being forgotten. So, I want to say, that this is where we are going
for this. We are looking for your support. You can take the numbers you have and if you can
work something that would give more children an opportunity to be able to receive these
services, then I think we will all be doing the right thing for our future. That said, I would like to
put my hat on as a Commissioner now, for a second. And, tell you and offer you, and offer the...
I will offer all of you and the chair the ability to contact me, if there is anything in the MPO that
you feel that I could be of help. I believe, like Mr. Teele does, and we sat together for many
years, that the municipalities, and he knows how strong I feel about municipalities. And,
municipalities should have a very strong voice. I have been a strong voice for my municipality
which is Hialeah, but I will be a strong voice for whatever municipality needs it. So, here, it was
not my intention to come and do that. I didn't think I could walk away without offering to you
my support, my help and whatever you need me to do. If I need to carry a flag for you, I will do
it, gladly.
Vice Chairman Teele: Commissioner Milian, you know how strongly I feel about you and how
much I love and respect you. But, I really want to tell you, how much I appreciate you staying
today. And, I hope you will stay in the MPO meetings, because the City of Miami is really in
need of support through the MPO process, and our roads are just getting worse and worse. And,
any help you can give us we would greatly appreciate it.
County Commissioner Milian: Just keep me posted, so I can be briefed and understand what I
am going to be saying. And, you know me well, no one has been able to keep me quiet, yet.
Vice Chairman Teele: That's right.
County Commissioner Milian: Thank you, very much.
Vice Chairman Teele: Yes, sir.
Commissioner Plummer: Mr. Chairman, if I may? I am sorry. We are looking at ten, twenty
minutes to twelve. I think we need to be realistic. If we hear these people and a few comments
from the City Commission...
39 March 10, 1998
Vice Chairman Teele: Are all of these people with the CD (Community Development) Board?
Commissioner Regalado: No.
Commissioner Plummer: OK.
Vice Chairman Teele: This is the last person?
Commissioner Plummer: Yeah, but I am thinking, Arthur that we are going to be at least hearing
from half of the people that are here. And, I think in the interest of fairness, we need to make an
established... Hello, where is my Chairman? There he is. Hello, I am calling collect. I think we
need to make a policy of what... how we are going to handle this, OK. Whether we are going to
hear just from the CD board, and a few comments here, and then disband until lunch, or...
Vice Chairman Teele: Oh, you are talking about the lunch issue. We are obliged to hear from
every person who wants to heard.
Commissioner Plummer: And, we should.
Vice Chairman Teele: And, we must, or we should. The question of course is, that there one
presentation that you had indicated you wanted heard. I would very much like to have that
presentation done before the lunch break.
Commissioner Regalado: The Virrick. The Virrick Park.
Commissioner Plummer: Which...? Did I want...? Oh, yes. I am sorry. Yes, the Treister.
Vice Chairman Teele: And, what we were going to do was, hear from the last person from the
CD Board. These people give countless hours of volunteer... They are entitled, at least to be
heard for two minutes. And, then, we were going to hear from that person. Then we were going
to start with the public service.
Commissioner Plummer: Mr. Vice Chairman, what I would recommend is, we hear from the
rest of the board members. If courtesy can prevail for the Treister, which is the Coconut Grove
group, and then the rest of it, we will break for lunch, and come back this afternoon, and hear
each and every person that wants to be heard.
Vice Chairman Teele: OK, but...
Commissioner Plummer: But, I am just trying to say, I don't want them to sit here any longer, if
we are not going to hear them until after three o'clock this afternoon. That's all I am saying.
Vice Chairman Teele: It depends on how the Chairman wants to order the day. I am fine with
that. I mean, I think we need to try to... I would like us to go at least to twelve thirty, and then
come back at two thirty. But, whatever is fine, is fine with the Chairman. Whatever the
Chairman wants to do.
Commissioner Plummer: I am just asking for as you call it, the order of the day.
Vice Chairman Teele: Mr. Chairman.
Commissioner Plummer: I was never in the military, so I don't know those terms. I was only in
the Salvation Army.
40 March 10, 1998
Chairman Hernandez: I have no problem with recessing at twelve thirty, and coming back at
two thirty.
Vice Chairman Teele: All right.
Chairman Hernandez: We will hear from the rest of the board members.
Commissioner Regalado: Is it possible, Mr. Chairman to go to three, and...?
Chairman Hernandez: Is there a problem with three o'clock from the rest of the Commission?
No, there is not.
Commissioner Plummer: Sir, my customers have no time limits.
Chairman Hernandez: So, at twelve thirty, we will be recessing and coming back at three. Let
me tell you, Vice Chairman Teele and the rest of the Commissioners what I would like to be...
what I would like to see today. I would like to approve the funding as is, but to leave the
dedication of the money for a future date until I, at least, can be given a little bit more
opportunity to see how the money has been allocated and reallocated. And, those are simply my
wishes before this Commission.
Vice Chairman Teele: Mr. Chairman, this is the problem. I don't know what you mean when
you say, approve. But, this is the problem. Right now, this is the... this is sort of the home
stretch of a federally mandated process. We must act today, and unfortunately, it's one of those
things where the staff has got us in a position that if we don't act today, we are not going to be
able to meet the calendar set up by the federal government. Now, we can request a waiver, and
on and on and on. But, I don't think we ought to be in a position of requesting waivers. Once
we approve this today, or act today, and we have to approve... The only thing for us to approve
are the... all of the applicants that have applied and the earmark of what the Commission is
recommending. That sits for 30 days, and that goes out under notice. And, in 30 days, you
know, we can address it again. But, normally, it goes forward to Washington in 30 days, and we
will meet the time line. Now, you can put whatever proviso you would want on the release of
funds, and you can make a very strong statement that you don't want any funds expended until
you have had the opportunity to review. But, I think, if we are going to do that, we ought to try
to restrict to a narrow... as narrow area as to where your concerns are.
Commissioner Plummer: Well, Mr. Chairman, please. You know, I...
Chairman Hernandez: OK.
Vice Chairman Teele: Does that...?
Chairman Hernandez: I have no problem with that.
Vice Chairman Teele: OK, he doesn't have a problem with that.
Commissioner Plummer: Well, you know, I have what Arthur yesterday referred to as the shock
treatment of today. And, you know, last year we didn't represent districts. We do now...
Unidentified Speaker: Right.
41 March 10, 1998
Commissioner Plummer: ... OK. And, each one of us are going to be charged or looked at with
a responsibility of fighting like hell for our district. Now, I want to tell you, my good friend, Mr.
Gort, I just brought to his attention, that based on this that Arthur gave me yesterday, the three
districts what do you call them? CBO target areas. Target areas. The three that basically exist
in my district get half, I am speaking of Coconut Grove, Downtown and Wynwood, get half of
what Mr. Gort gets in only one of his districts. Now, the point I am trying to make is...
Commissioner Gort: By the way, those dedications were made before I came in here and helped
a little bit. But...
Commissioner Plummer: Excuses, excuses,...
Commissioner Gort: I'll give you credit for that.
Commissioner Plummer: ... excuses. Now, what I am saying to you is, I am not going to be
accused by people in my district, as Frankie just got up and wants to boil me in oil, and say, hey,
you are our District Commissioner, and out of the three districts that are in my district,
Commission district, I am getting eight hundred and seventy-one thousand dollars ($871,000)
total out of thirteen million. Now, to my colleagues, I can't sit here in good faith and sit still and
not fight for my districts, and I am going to. So, I want you to know that, as I told the reverend
there, if he will take the collar off, and he and I will go down the road, and we'll kick something
about the behinds. But, I am just very truthfully saying to you, that in the past that we gave
money out as we thought was appropriate for this area, that area and that area. I am now a
District Commissioner. And, I want to tell my colleagues that in the interest of fairness, I expect
to say divide by five.
Vice Chairman Teele: Well...
Commissioner Plummer: Divide by five. Now, we can't do that, and I understand that. OK. I
fully understand that some areas have bigger needs and I really acquiesce, Model Cities has been
the tail of the dog for years and that's going to change, and without question, OK? Let us look at
Model Cities, they are only getting eight percent. Eight percent. If you take what my three
districts, my three target areas...
Commissioner Gort: Excuse me, Commissioner. If you go by this, these numbers are the way
the request are made.
Vice Chairman Teele: This is a very dangerous exercise. I am going to tell you.
Commissioner Gort: But, this is not the allocation. This is not the actual allocation.
Commissioner Plummer: I understand. But, in the one thing that I cannot speak to, which is not
in this thing here, is what is referred to as the rest of the City. I don't know how that money is
being split up. All I am saying to you is, is the fact that I fully intend to fight for my district and
the three target areas in my district, as I think each Commissioner up here would be doing the
same. That's why we are here, that's what districts were created for. And, I think that that's
very important. So, I just put that on the record.
Vice Chairman Teele: Yeah, but I think you ought to put the whole facts on the record, J.L.
Commissioner Plummer: I....
42 March 10, 1998
Vice Chairman Teele: Because, let me be very honest. We cannot allow ourselves to start down
this slippery slope of doing things based upon arithmetic. We have got to do things first of all,
based upon the history...
Commissioner Plummer: And need.
Vice Chairman Teele: ... and need. And, we have got to move towards some rational approach.
But, you spoke of your three areas. Your three areas represent... Coconut Grove represents one
point one percent of the funds that are generated. Downtown represents zero point eight percent
of the funds, and Wynwood represents five percent of the funds.
Commissioner Plummer: Or six point nine total.
Vice Chairman Teele: Or six point nine total. The funds that are going into the district that you
represent well exceed six point nine percent. And, that's all right. And, if you go back and add
the Community Development float money that you just put in there, you know, which was how
much money?
Mr. Cerdan: Eight million dollars ($8,000,000).
Commissioner Plummer: That's...
Vice Chairman Teele: Eight million dollars ($8,000,000) of CD float. And, then if you talk
about the 108's, and all of the other stuff from the Park West Overtown which is your district
and my district, but most of the money is going in Park West and not Overtown. The point is
this. We have got to try to do this with as little emphasis on the district...
Commissioner Plummer: Fair and equitable.
Vice Chairman Teele: ... one, two, three, four, five, and as much on the need and the target
area...
Vice Chairman Teele: ... recognizing that each area generates a certain amount of money. And,
each area needs to be fully represented. I'll say for the record, I think the area that has been most
underrepresented is Little Haiti Edison.
Commissioner Plummer: Absolutely.
Vice Chairman Teele: In all of this.
Commissioner Plummer: That's both you and 1.
Vice Chairman Teele: And, that doesn't... that is not meant to slight anyone. And, we got to try
to figure out, how do we move towards a process that gets us there. The problem we got is
money.
Commissioner Plummer: Not enough.
Vice Chairman Teele: We don't have enough money.
Commissioner Plummer: Mr. Teele, I...
Commissioner Regalado: Mr. Vice Chairman, just... J.L. I think that the area that is not
represented here at all is Flagami. Flagami is not a target area.
43 March 10, 1998
Commissioner Plummer: See, that's the point.
Commissioner Regalado: And, Flagami is...
Commissioner Plummer: That's the point.
Commissioner Regalado: ... one of the biggest, more important areas of the City. And yet, it's
represented, zero percent here. And, you know, I...
Vice Chairman Teele: Commissioner, let me just respond to you. You requested a study.
Commissioner Regalado: I did.
Vice Chairman Teele: I specifically held hearings to follow-up on your request.
Commissioner Regalado: And, I really appreciate that, and I think you need to be commended.
Vice Chairman Teele: And, the staff is prepared to brief you privately on that, but there is a
tremendous amount of ambivalence by the businessowners in Flagami, to come under the CD
(Community Development) area. Because, once you become under the CD area, it does have a
negative implication in terms of property values. But, as I said to the staff, I think that's
something you should be briefed on privately. Whatever recommendation you have, I can assure
you, the majority of this Commission will support. But, the reason Flagami is not listed is as
much has to do with the businessowners who object, strongly object to us studying Flagami as a
target area.
Commissioner Plummer: Well, my point, and then I'll be quiet. Arthur, yesterday you made a
statement that is so true and I think we have got to remember. It's nice to believe that in my
district we have got the greatest bulk of the float money. We have got the greatest bulk of the
108 money. This is going to the big developers. Now, we are here talking today, not about float,
not about 108, we are talking about food, medicine and housing. That's for the people, not the
big lobbyist, not for the developers. This is for the people. I have had, in all the time that I have
sat here, a theory that's today, just as more important than it was before. I am going to vote for
food, for medicine, housing and anything else left over, we'll talk about. But, that's my criteria.
That is the important to me, of social service programs. I brought out to Arthur, yesterday, to his
committee, there is a lot of day care that is available, that Gwen is very much aware of, and very
much so, that I was cautioned make sure you say it as for people that are welfare qualified, OK.
But, there is a great amount of money out there today, in welfare, in WAGES money. Big
money. There is big money out there in the WAGES for transportation. And, that's where we
have got to be taking care of. Gwen is in charge of the two million dollars ($2,000,000) that this
City... Well, I don't know if you are now.
Ms. Warren: Yes, I am. [phonetic]
44 March 10, 1998
Commissioner Plummer: OK. We are the recipient of two million dollars ($2,000,000) in that
amount of money. So, I just say to you, what we are talking here today, is that to the people, to
the people. Not developers, not the lobbyists, this is for the food, medicine and housing.
Vice Chairman Teele: All right, if we can try to conclude... Are you going to...?
Mr. Flowers: A couple of minutes, sir.
Vice Chairman Teele: A couple of minutes. Then, we are going to hear from Mr. Treister, then
we will start with the public service. If you are here on any area other than public service, we
will not hear you until after three o'clock today.
Mr. Charles Flowers: Good morning, Vice Chairman.
Chairman Hernandez: Good morning.
Mr. Flowers: Charles J. Flowers, Chairman of Overtown Advisory Board. I am not getting
involved with the different areas, but out of twelve point... 12,654,608, Overtown gets four point
four percent, we get five hundred and fifty-eight thousand. All right, totally, totally, agree in
part with the Citywide Advisory Board. But, what disturbed me, is the Overtown Advisory
Board which have never received a penny, of my knowledge, requested seventy-nine thousand.
The Citywide Board authorized or approved twenty-five thousand. The City staff, zero. We are
a board of volunteers, elected by the people of Overtown. And, we put in a lot, a lot of time.
We need funds to operate. We need funds to operate. And, for the staff not to recommend
anything for our office to do a job that is mandated by this Commission is absurd. And, I am
here to not belittle anyone or the process, but I do want to thank the Citywide, CDC (Community
Development Committee) Board for at least, twenty-five thousand that will help, and the other
money that will help for areas that we have already approved. Overtown need it very bad.
Everyone sitting in this room realize that, although other areas also needs it. But, we need funds
to operate.
Vice Chairman Teele: All right.
Mr. Flowers: Thank you, sir.
Vice Chairman Teele: Thank you. All right, Mister... At the request of Commissioner
Plummer, we are going to hear from Mr. Treister, then we are going to start with the public
service, that's page one of fifteen and page two of fifteen. If you are not in those areas, please,
and page three of fifteen. If you are not in those areas, please stand by 'till after three o'clock.
Commissioner Gort: Mr. Vice Chairman.
Commissioner Plummer: Wait, are we ready for Mr. Treister?
Commissioner Gort: If possible, when we come back at three o'clock, I would like to request, if
it's OK with the rest of the Commission, staff to explain each one of the funds, and how they can
be used. Because, there is a lot of misunderstanding out there, how the funds could be used.
Vice Chairman Teele: That's a very good request. And, again, that's a part of the summary that
we had asked be prepared...
Commissioner Plummer: Mister...
45 March 10, 1998
Vice Chairman Teele: ... and we'll do it.
Commissioner Plummer: Mr. Chairman, in reference to, Mr. Treister and I have asked, because
he has to leave and he has a lot of people here with him. As we all are much very much aware,
there was a bond issue in which there will be funds made available through the County issue, for
different parks within the City of Miami. And, again, as always, I don't think we got what we
should have got, but we did get approximately twenty-seven million dollars ($27,000,000) over...
Twenty-three million for our overall parks. Mr. Treister, being the great architect that he was...
Unidentified Speaker: Was?
Commissioner Plummer: ... and civic minded individual. Well, he is. Pro bono, came in, and
offered to assist the people in the Coconut Grove area to come up with concepts for the Virrick
Park. Now, don't misconstrue the Virrick Gym for the Virrick Park. They are two separate.
Virrick Park is in West Grove, and he has come forth with a plan. The committee has been
meeting regularly about this plan, and what they would like to see for this particular park.
Please, don't be confused when you look at the rendering. The rendering is something he will
explain to you that is a considerable amount of more money than in fact what is allocated. We
are asking for money today, through CD (Community Development) and hopefully because it is
matching money. I have been most insistent, and I think that I have them to acquiesce that we
will be in Plan A, B, C and D, as funds become available. "A" will be what we directly get from
the bond issue. Hopefully, we get money from CD. We are going to be looking for grants. We
are going to be looking for private money. These are the things that we are going to be talking
about. But, we asked Mr. Treister to be here today to make his presentation.
Vice Chairman Teele: All right.
Commissioner Plummer: Mr. Treister, you are on.
Vice Chairman Teele: What's the number, Mr. Treister, page number?
Mr. Kenneth Treister: We are number... We are the...
Commissioner Plummer: It's a personal appearance.
Mr. Treister: It's the third item on the agenda. Number three, but it's the second item.
Vice Chairman Teele: No, under the Community Development plan?
Commissioner Plummer: It's...
Mr. Treister: Oh, it's number nine.
Commissioner Plummer: Oh, but that's under Community Development?
Vice Chairman Teele: What page?
Mr. Treister: It's...
Commissioner Plummer: He's here directly, and indirectly. Indirectly for CD, directly for item
four.
Vice Chairman Teele: All right, is there a CD request that we are looking at today?
46 March 10, 1998
Mr. Treister: Yes, sir.
Commissioner Plummer: Their request was five hundred thousand dollars ($500,000). The
request, I think was given how much?
Mr. Treister: It was...
Mr. Jose Sardine (Assistant City Manager): The request was five hundred. The City staff...
Vice Chairman Teele: What's the page number and item number?
Mr. Treister: Page 11.
Mr. Sardine: Page 11 of 15, and it's under...
Mr. Treister: Item nine.
Mr. Sardine: It's number, eh...
Mr. Treister: Nine.
Mr. Sardine: Nine.
Commissioner Plummer: And, the allocation recommendation by the committee was none.
Zilch.
Ms. Frankie Rolle: Right.
Vice Chairman Teele: All right, please, Mr. Treister, proceed.
Ms. Rolle: He said, proceed.
Mr. Treister: My name is Kenneth Treister, and I live in Coconut Grove, 3660 Battersea Road.
And, I appreciate the opportunity of speaking before the Commission for Elizabeth Virrick Park.
And, I came before the City Commission about 40 years ago, with Father Gibson and Elizabeth
Virrick. And, that was so long ago, it was before J. L. Plummer was Commissioner. That shows
you how long ago that was. He was still a friend and active.
Commissioner Plummer: You had to bring that up, right?
Mr. Treister: Right... But...
Commissioner Plummer: Thanks.
Mr. Treister:... I mean, I don't know if anybody goes back that far. But, Elizabeth Virrick Park
named after one of the great Americans that lived in Miami is now a disgrace to the City of
Miami.
Unidentified Speaker: True.
Mr. Treister: If you would like to spend a fabulous morning, go to the Coral Gables Youth
Center, you will see the state of the art gym, recreation, senior citizen, children, the most
beautiful facility you could imagine. And, then you go a few blocks away, and you are in a third
world slum. A park with trash, with junk, with buildings that aren't used. With... The only
47 March 10, 1998
people there being either the homeless or patrol. There are two people on patrol there to protect
the citizens of that area. Now, when I thought about this, I said, if we do a little bit to this park
and a little to that park, we are going to end up with zero, like we have done for many years.
Over the years, the Commissions have put a little bit of money everywhere, and now, the people
who are not here are the kids on the street. We came up with a consensus among the citizens of
Coconut Grove and the West Grove, that what we need is a first rate community center, and we
need a first rate gym. Not, a second rate, not a third rate, but a first rate gym and community
center. Otherwise, don't do anything. If you want to make a minimal facility, don't waste your
money. In this...
Chairman Hernandez: Thirty seconds.
Mr. Treister: I am sorry.
Ms. Rolle: Thirty seconds, he said.
Mr. Treister: Thirty seconds?
Ms. Rolle: Yeah, that the problem. They give you, two minutes.
Mr. Treister: Well, look, again, I would like to come back some time when I can explain this. If
this is going to be taken as a trivial citizen coming, then I am not interested in being here. We
are talking about something serious. It takes... We were supposed to be first, I thought, on the
agenda. We waited here 'tll 12:00 noon. We have citizens of this community that want to talk,
and if we are going to be limited, then there is no... I am not here just as a citizen looking for
something for myself. These are kids out there that have no place to go. Crime is rampant,
drugs are rampant. The City is a disgrace, that park. We would love for you to understand this.
Take off the morning and come and see this park. See what the kids put up with. You have a
swimming pool, that's beautiful...
Commissioner Plummer: Ken.
Mr. Treister: ... that's closed ten months a year.
Commissioner Plummer: Ken. Ken, we all recognize the need.
Mr. Treister: No, but... Yeah.
Commissioner Plummer: We are on time.
Mr. Treister: Well, I know. But, 30 seconds, J.L., to talk about...
Commissioner Plummer: No, all I am saying is, I would hope that we could speak to the project.
Mr. Treister: OK, I would like to.
Commissioner Plummer: OK.
Mr. Treister: And, that... But, I just want to just set the tone that this... I am just trying to say,
gentlemen, that you are talking about an important community, and the lives of a lot of people.
Now...
Commissioner Gort: Excuse me, sir. Do you understand, that everybody that's sitting here have
the same problem, and they want to address the same things, as you do? Do you understand
that?
48 March 10, 1998
Mr. Treister: If you don't want to hear, let's just call it a day.
Commissioner Plummer: No, no.
Commissioner Gort: Excuse me, sir. I am asking you a question.
Commissioner Plummer: What we would like to hear is the project. The project is what is
important...
Mr. Treister: OK.
Commissioner Plummer: ... and the project is what I am trying to fight to get the money for.
Mr. Treister: Let me... OK, OK. The project is to build the first gym in the City of Miami. The
first community center in the City of Miami. We have the land, we have designed a building that
would have a gym, a multipurpose gym for basket ball, for volleyball, for wrestling... For any
community activity in the athletic field. It could be used as a community center at night. It
would have a stage. It would have a teenage center. It would have an arts and crafts area. It
would have, hopefully, a music school. It would be a complete community center. The first in
the City of Miami. And, I would like some of the citizens of Coconut Grove support, that -
support this, now, to get your attention... please.
Commissioner Plummer: Ken, if I may?
Mr. Treister: OK.
Commissioner Plummer: Please explain to my colleagues the project.
Mr. Treister: OK.
Commissioner Plummer: You are the architect. As you did for me, and as you did for the
Manager, and Mr. Ruder. Show us the project, tell us what the project entails and where the fact
that we would like to come out at the final analysis. That's what I need very strongly. Help me.
Mr. Treister: OK. Number one, we have a park plan which would have a main access, a main
thoroughfare that would be used on weekends as a festival, a way to get people to use the park.
We have facilities for a food court, for a crafts area, for plant sales. Anything to bring people to
the park so that the citizens can reclaim the public which isn't theirs, today. Secondly, I
designed 40 years ago, park when we built shelters, which are not maintained and need to be
brought up-to-date. And, this would be a teenage dance area. There will be a place for large
chess games. There would be existing basket ball courts that would be brought up-to-date. The
swimming pool, hopefully will be used once, and again, which it isn't now. And, then we would
build on the top, a gym, to give these children an air-conditioned place to be after school. An
air-conditioned gym. Now, this is the facade of the building. And, again, I did not design a
second rate building. It's an expensive first rate building. But, if you want it to be used, and if
you want it to be meaningful, we got to get the money. And, not from the General Fund. What
we would like is the City Commission to put this as a priority and ask the federal government for
funds, because the President of the United States says he's interested in race and children. And,
the Governor said today in the paper, he's interested in children. And, the County Commission
is interested. So, there is private funds. But, what we need is the enthusiastic endorsement of
this Commission for the first community center in the City of Miami. The first gym. And, we
need you to direct the great City Manager, who is the best thing that has happened, in my
opinion, to the City in many years to fight for these funds from all these different sources. We
need your enthusiasm, otherwise it isn't going to happen. Now...
49 March 10, 1998
Commissioner Plummer: Let me also say to my colleagues that one of the things that the
committee has talked about, and one of the things that the committee would like to pursue is the
possibility of a private, private kind of group that they have in Tacolcy [phonetic] where they
City would hire a group to come in and to put the programs together. Because, as we have all
admitted, without the programs, and without the supervision, we have wasted our money for
bricks and mortar. They are talking with three or four different groups about the possibility of
coming in and running the programs which I think are very, very important.
Ms. Rolle: Will all the members of this board, please just raise your hand because we need the
time. We are down here all morning. And, they fully support what Mr. Treister has said. Also,
what Commissioner Plummer has said. And, we thank you for your consideration, because we
need your help. And, don't let us fall down, because we are going to be down here all the time,
reminding you of an obligation to our park. We don't have the NFL (National Football League)
yet, and we don't have the soccer teams yet to sponsor our gym. Thank you.
Chairman Hernandez: Thank you, very much.
Pastor Rudolph Daniels: Mr. Chairman, to the Commission. I am Pastor Daniels, Masadonia
Baptist Church. Grew up in the Grove from 1941, played football at Carver and all of that. Left
out 32 years in Liberty City and back 15 years as a pastor. I am concerned. I must... I jotted
down my concerns. I am concerned and I am aware, and everyone else can see, can help us see,
right here in Coconut Grove, in the heart of the Grove, West Grove, our home. Virrick Park
shamefully neglected. This is my observation. Run down, dilapidated, inferior, outdated
buildings, blighted grounds. The saddest site. It's just ugly when you drive along and you see
people from other communities stop to buy drugs, suspicious looking characters in that
community. And, we suggest, we must demolish it, tear it down, and termites and all. And,
remove it from the area, and build a first class building, a recreational center. Disenfranchised
young men, because I was once one, young myself. And, I see exactly what's going on in the
streets of Coconut Grove. You can't help but see. We must build something in the center of the
Grove that we can be proud of. Because, if you ride through there, it's blighted, it's ugly. And,
it must be torn down. Will you help us put this community where we should be. If, finally, if, if
one part of the Grove is blighted, then the rest is blighted. We need need to upgrade, update our
community, and put it where it should be. Put the funds where it should go.
Chairman Hernandez: Thank you, Reverend Daniels.
Ms. Dorothy P. Lee: Mr. Chairman, and Commissioners. Dorothy P. Lee, 3459 Percival
Avenue. I live about three houses across the street from Elizabeth Virrick Park. I have been a
resident of Coconut Grove for 60 years. I've played on many parks during my teenage years.
Seeing the things that go on in the Grove, in the park, saddens my heart. We ask for little, and
that's what we get, is little. Maybe we should ask for more, so that we can get more. We are
asking you today, if you would support this project, which is so very, very needed for our
community. Asking, our City Manager to see if we can get funds from the state, federal
government, to help us to finance this. We have some monies, but we need more. We are not
asking this Commission for money, we are only asking that you support this project, and help us
in any way that we can to get funds for it. Thank you, very much.
Commissioner Plummer: I think that what we need, Yvonne, we need to speak to the issue at
hand, and that is, the CD money. I think we have already spoke to the other item, four. So, what
we need is to justify why the City should go beyond and do CD money for matching money.
That's what I want you to hit on.
Ms. Yvonne McDonald: In regards to the CD money. We asked for five hundred thousand
dollars ($500,000). And, as of right now, we have been approved, I think, for two hundred and
50 March 10, 1998
fifty thousand. Now, as you know, we really want this to be a first rate park. And this park, the
price to build the facility that we need, is three point five million dollars ($3,500,000). We are
asking for your support to help us build this state of the art facility. We know that we need to go
out and get monies from other sources, and we want the Commission to approve the Manager of
the City to do whatever he can in his power to help us do that. We will go to private industry, to
the federal government, to the County, to other sources to build this park. But, we want your
support, your enthusiastic support to help us make Virrick Park the park that it should be for our
community. Coconut Grove for far too long has asked for little. And, right now, our children
are suffering, and our children are our number one priority. In order for our community to grow
and to prosper as the rest of Coconut Grove is growing and prospering, we need to invest in the
future. And, that is the children. And, Virrick Park, right now, is under-utilized because the
facility is not at a... in a position where we can really use the park. So, we are asking for you to
support us. We know that the funds are not there through the City of Miami, but if you would
lend your 100 percent behind this three point five million dollar ($3,500,000) project, we will do,
the community will do its part.
Commissioner Plummer: It started out at one million two.
Ms. McDonald: We are asking for the City to do their part. Thank you.
Chairman Hernandez: Thank you, ma'am.
Pastor Willie Leonard: OK. Fellow Commissioners, my name is Pastor Leonard of St. Matthew,
also president of Ministerial Alliance of Coconut Grove. It's important that I keep my finger on
the pulse of our community, and know exactly what's going on. My church is one door from the
park. We are asking for the five hundred thousand dollars ($500,000). It is so needful that we
meet this budget, so we can do something for the young people in that community. Thank you,
very much.
Chairman Hernandez: Thank you, very much.
Mr. Treister: Just... Just. This five hundred thousand that was requested would be matched by
the County and really becomes one million dollars ($1,000,000). The County has a fund in their
bond issue for public parks, saying that every dollar that a City puts into a park, they'll match,
not counting the original money that was given to the park. So, this five hundred thousand dollar
($500,000) request, if you approve it today, means a million dollars ($1,000,000) for the City of
Miami, for Elizabeth Virrick Park. And, that's item nine, on page eleven. We respectfully
request that you show your approval of this project by putting that money into this request. And,
we thank you very much. Two things, we want the five hundred, if possible. And, second, we
want you to pass a resolution endorsing this community center, and asking the City Manager to
do everything possible to request funds from every agency that, and private citizen that possibly
could. We thank you very much.
Chairman Hernandez: Thank you, very much.
Ms. McDonald: Thank you, very much.
Chairman Hernandez: Ma'am.
Ms. Ana Cristina Rodriguez: Ana Cristina Rodriguez. Good morning, Commissioners.
Chairman Hernandez: Good morning.
Ms. Rodriguez: I represent Centro -Marti. And, even though, we have never been visited by the
Board of Community Development, we have been offering services to the community of East
51 March 10, 1998
Little Havana, quality services for the last 30 years. I would like to emphasize that, because of
the allocation of the City of Miami Community Development monies, our Social Services
Department is very powerful. Empowering the families not to be AFDC (Aid to Families with
Dependent Children) recipients, but to be part of the working poor community of Little Havana.
We are not having any children from the WAGES (Work and Gains Economic Self-sufficiency)
at the moment, because we empower them to work for a living even though they quality for the
working poor community. I just don't want this working families that depend on our services,
and our support to fall through the cracks of this WAGES program, that it's not being properly in
place, yet. And, thank you, very much for your support.
Vice Chairman Teele: What item number is that?
Ms. Rodriguez: Public Services and Social Services. Centro -Marti.
Unidentified Speaker: Thirteen.
Chairman Hernandez: Thirteen.
Ms. Rodriguez: Thirteen.
Unidentified Speaker: [Inaudible -- off microphone]
Vice Chairman Teele: Excuse me, could the staff help us? What are the item numbers? When
you come up here, please, on a public service matter, that's all we are going take up. Please
know the subject number, the item and the page number.
Chairman Hernandez: Well, it looks to me, as items 13 and 14.
Ms. Rodriguez: Uh-huh.
Chairman Hernandez: One on page one of fifteen.
Vice Chairman Teele: Thirteen and fourteen.
Chairman Hernandez: Thirteen and fourteen.
Vice Chairman Teele: All right. Thank you.
Ms. Rodriguez: Thank you.
Vice Chairman Teele: Thank you.
Ms. Rodriguez: The recommendation of the board will tremendously affect those families that
are currently working for a living and have been working for a living, not being AFDC
recipients. That's all I wanted to stress. Thank you.
Chairman Hernandez: Thank you, very much.
Vice Chairman Teele: Thank you.
Reverend John White: Mr. Chairman.
Chairman Hernandez: Reverend White. I am here for Public Service and Social Program, item
two and three.
52 March 10, 1998
Commissioner Plummer: Reverend John White, would you give us your name for the record,
please?
Reverend White: Thank you. Reverend John White, greater Bethel AME Church in Overtown.
245 Northwest 8th Street.
Commissioner Plummer: Item number?
Reverend White: Two and three. Mr. Chairman, and I am standing today on behalf of our
children, not only am I standing, but we have got persons from the program, under the
AGAPE program. This program is about children. It's about parents who are seeking to
enhance the quality of life of their children in our community. The program was initially funded
by the University of Miami, a research project. And, I do want to point out, Mr. Chairman and
Commissioners that, too often in our community, our people are studied, they are used and as
you know, in Overtown, you give us a piece of the pie, and all of a sudden the pie is taken away
from us. It is our request that the Commissioners fund this program. When we have parents
who are standing here, who are working in this program now, being paid, they are being trained ,
been trained to be tutors, to teach their children, to enhance the quality of life of their children.
And, if we do not receive funding as of March... May, this program will end. It's another
indication that Overtown parents and children have been used, and the University put the
funding in, the grants have gone, they have knocked not the continuation of the process. I am
asking, Mr. Chairman and the Commissioners, that you consider that this request be granted. I
understand that you requested twenty thousand dollars ($20,000) of one hundred and twenty
dollars ($120,000) request. I understand the limitation of funding. I understand the shortfall of
the funding. But, when I think when it comes to children, we have got to somehow save our
children. We have got to save the next generation. And, education and the enhancement of a
quality of life, if not, we are going to continue to have drug pushers on our street. We are going
to continue to have dropouts. This is a program that I think is going to make a difference, and
has made a difference, and continue to make a difference in the Overtown community. I implore
you, urge you to help continue this program. It is item number two and number three...
Chairman Hernandez: Three.
Reverend White: ... on page one of fifteen.
Chairman Hernandez: Thank you, Reverend White. Ma'am.
Ms. Marisabel Capote: Yes. Marisabel Capote. I represent Sagrada Family Childcare Center in
Little Havana. First I want to thank you for your recommendation from the City Board. And,
also, we had the visit from the City Board in our center which was very positive. And, our item
numbers 13, 14, page one of 15, number 16.
Commissioner Plummer: The lady just spoke to that issue.
Unidentified Speaker: That's...
Ms. Capote: That's Centro Marti.
Commissioner Plummer: Oh, what are you?
Ms. Capote: Sagrada Familia Childcare Center, number 16.
Commissioner Plummer: Sixteen, oh. Can I ask a question, if I may?
53 March 10, 1998
Ms. Capote: Yes.
Commissioner Plummer: Are any of your people that you cater to on welfare.
Ms. Capote: Ah, just very few. Very few.
Commissioner Plummer: Center Mater, Centro Mater, are they on welfare? I mean, you don't
have any welfare people, children of welfare parents?
Chairman Hernandez: Christina, please get...
Unidentified Speaker: Not even ten percent of..
Unidentified Speaker: Very few.
Unidentified Speaker: Very few, sir. [phonetic]
Ms. Capote: Very few.
Commissioner Plummer: OK. Thank you. I just... I thought we were losing something here,
where we could get some more money from some other agency.
Chairman Hernandez: Yeah.
Commissioner Plummer: OK. It's nice to know that they are not.
Ms. Capote: You money provides for the infant and toddler care in our center which is very
much needed in the area. Thank you.
Chairman Hernandez: Thank you, ma'am. Ma'am.
Ms. Nilsa Velazquez: Yes. My name is Nilsa Velazquez, I am the Executive Director of
KIDCO Childcare, item number 43. We have been serving the Wynwood community for 22
years. We are grateful to the City of Miami. We cannot forget that CDBG (Community
Development Block Grant) are funds targeted to communities. So, we have to look at the
community as a whole. And, childcare has always been a number one priority. And, we are
very concerned about the cost. As you can see, we received the visit of the CD (Community
Development) Board, and they as well as the staff recommended the same amount of money,
except for the Education Committee which Mr. Teele chairs. It is very important that you
understand that WAGES program goes to WAGES recipients. And, what about the working
poor, we still need to address those needs. And, the City of Miami has always been supportive
of those needs. And, one of the things that I want to mention. Sometimes Mr. Plummer and I
don't look eye to eye on some items, but here, yes, we agree that the City of Miami... that the
Wynwood community needs more funding. And, we have a good program, and it deserves to be
continued with the quality that we offer. We have... We are in the process of accreditation. We
don't give a minimum salary to employees, we give them benefits, and for that, we need your
support. We give them health insurance and well as other benefits. So, please continue to
support the childcare.
Vice Chairman Teele: Question.
Ms. Velazquez: Yes.
54 March 10, 1998
Vice Chairman Teele: Have you explored working with the City to allow us to extend our
benefits package to your agency and let you buy off of ours.
Ms. Velazquez: Explain better, please?
Vice Chairman Teele: Well, I won't get into it. But, one of the things that we did in County for
certain quasi governmental areas, as opposed to giving money, we gave you... we passed on our
buying power, which in many cases is 20, 30 percent cheaper than you can buy it. If one of the
services that you are looking for, let's say, your benefits, health care benefits amounts to eighty
thousand dollars ($80,000) a year or sixty thousand dollars ($60,000) a year. I have no idea
where you. How many people do you all have?
Ms. Velazquez: I am pleased. We have 67. We have 406 children.
Vice Chairman Teele: And, you have 67?
Ms. Velazquez: Uh-huh.
Vice Chairman Teele: One of the things that we could explore with our carrier, is whether or not
we could extend our price to you. And, that could very well be, well more than the amount of
money that we are talking about in savings to you. It could be a lot more money.
Ms. Velazquez: I am always willing to... Of course. Benefits for the staff, whatever.
Vice Chairman Teele: I mean, I think what you are doing makes a lot of sense, and what you are
saying is, your people are volunteers, and what we are paying for is benefits. Great. It depends
upon how our contract is written, but we can extend to you...
Ms. Velazquez: Uh-huh.
Vice Chairman Teele: ... the City can, the opportunity to buy off of our carrier.
Ms. Velazquez: Uh-huh.
Vice Chairman Teele: And, generally that's going to be 20 to 30 percent cheaper than you can
do it, because of our size of our workforce.
Ms. Velazquez: If the price is right, I don't see why not.
Vice Chairman Teele: But, something maybe the staff would consider.
Ms. Velazquez: Uh-huh. Good. Thank you.
Vice Chairman Teele: Thank you.
Mr. Francisco Brizgela: Good morning. My name is Francisco Brizgela. I am representing
Centro Hispana Catholico Childcare Center, item number 12. And, the reason why I am here is
to thank you, very much, the staff as well as the board for recommending continuation of
funding for childcare services in Centro Hispana. [phonetic] Thanks to the funding that we
received from the City, we are able to provide services to close to 70 children, including the
preschool and afterschool program. We are providing, thanks to the money from the City, a
balanced meal, breakfast, lunch and snacks, as well as educational programs. I would... I
encourage you to keep helping the Wynwood community, as Commissioner Plummer mentioned
before, there is a great need in our community. Now, Centro Hispana Catholico has a waiting
list of 75 children from which very, very few belong to the WAGES program. Thank you.
55 March 10, 1998
Mr. Sergio Fiallo: Hello, my name is Sergio Fiallo. I am the executive director of the Dr. Rafael
A. Penalver Clinic. Our item in your list is number 27. Let me just take a brief minute of your
time to first of all, thank you for allowing me to appear before you. We made this budget
request as a joint venture between seven agencies to serve the children of East Little Havana.
Unfortunately, it was not recommended by either the board nor the staff. But, I have to tell you,
that neither the board nor the staff paid us a visit, so that we could explain to them. I did appear
before the advisory committees of both... in every occasion that I could, but I wasn't given the
privilege of having somebody come and visit our facility. Our facility costs five and a half
million dollars ($5,500,000) with state dollars. It is located in your park, Henderson Park. It is a
government owned facility. We have served 6,000 area residents without cost at all
to the state or to the City or to the County, because the private industry is providing our services
to the population. It's Mercy Hospital is providing the services. Why we are here, we have the
park right next to us, and if we don't take ownership of that park, we run the risk that that facility
will suffer, and that we will not be able to continue to provide the services that we are providing.
We want your help in coming into a match with us. The figure that you see there is a match, and
it is negotiable. I mean, we... This is to serve 200 children. We can start serving a lesser
amount of children, but help us initiate a program of fitness, of health care, to the needy children
of East Little Havana. At the same time, we combined it with an afterschool care program. But,
your consideration is kindly asked. Remember, it is a match. We will be committing... Then
seven agencies involved in this request will be committing an equal amount to the City. I thank
you so much for your time. Any questions? None? Thank you.
Ms. Lucia Vicencio: Good afternoon. Mr. President, Mr. City Manager and members of this
Commission. My name is Lucia Vicencio, and I am here representing the six programs that the
City of Miami funds. Items 12 to 16. And, I am talking about, Centro Hispano, Centro Mater,
Centro Mater Teenage Program, Notre Dame Daycare Center, and Sagrada Familia. First, I want
to thank you for the support that the City has given to these programs for so many years. And, I
also want to tell you that the recommendation that it is going to affect three of our programs.
Centro Mater, Preschool Centro Mater, Teenage Program and Sagrada Familia is going to have a
great impact in the children that we serve. The... I am positive, and I agree with you that we are
going to get a significant amount of money from the Welfare Reform for the welfare recipients.
But, as the previous presentations explained, those monies are for welfare participants, and we
help and we serve the working poor. With that approach, we are penalizing the working poor.
The people who work at Burger King, and makes the minimum wage, and don't qualify for the
Welfare Program. Then, I want you to consider that because we have to help parents and
families to be self-sufficient. Thank you, very much for your support...
Commissioner Plummer: We'll be back at three?
Ms. Vicencio: ... and thank you for your time.
Chairman Hernandez: Yes. Ma'am, I am sorry, we are recessing now, at twelve thirty to three
o'clock, OK? We will be back at three o'clock in session.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:30 P.M., AND RECONVENED AT 3:12 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION EXCEPT
CHAIRMAN HERNANDEZ FOUND TO BE PRESENT.
Vice Chairman Teele: ... is coming down, I am sure. Since this is a public hearing, we will
continue with the public services, social service group. Is that all right, Commissioner
Plummer?
56 March 10, 1998
Commissioner Plummer: Sir, whatever your little heart desires, I will follow your lead.
Vice Chairman Teele: All right. Where is my list? All right, ma'am, would you please proceed.
Give us the page number.
Ms. Teresa D. Leflore: Page two, item 53.
Commissioner Plummer: Item number again, please?
Ms. Leflore: Fifty-three.
Commissioner Plummer: Fifty-three.
Commissioner Gort: Phases of Life.
Ms. Leflore: I am Teresa Leflore, Director of Phases of Life, Inc. Phases is a youth organization
that's based in Model City, at 6114 Northwest 7th Avenue. It operates an afterschool and
evening, weekend program for youth, at risk youth. And, I'm... We are asking that the City
Commissioners approve the recommendation of funding that was recommended for the
operation of Phases project in computer literacy. We would like to implement some outreach
programs targeting youth between the ages of nine to seventeen, serving residents in the City of
Miami.
Vice Chairman Teele: One of the conditions that the committee discussed was whether or not
you would be willing to work that program in conjunction with the City Parks Department, as
well as religious organizations. But, we really need programming in our Parks Department.
Ms. Leflore: Yes, we would.
Commissioner Plummer: What's your total budget.
Ms. Leflore: We were recommended at seventy thousand.
Commissioner Plummer: No, what is your total budget for your program?
Ms. Leflore: One sixty-one. One hundred and sixty-one thousand.
Commissioner Plummer: That was your request.
Ms. Leflore: Yes.
Commissioner Plummer: The program you have, what is the total budget? Have you been in...?
Has this program been in effect before?
Ms. Leflore: One hundred and twelve thousand.
Vice Chairman Teele: One hundred and twelve was funded by the County, and we are... There
are seven, six components to the program, we are eliminating five of the six, asking her to focus
in on just one area.
Commissioner Plummer: And, how long has your program been in existence?
Ms. Leflore: Six years.
57 March 10, 1998
Commissioner Plummer: Six years. Thank you.
Vice Chairman Teele: One of the mandates of the Commission has been, to try to bring in new
programs. This is a program that has previously been funded by the County. It operates in the
City. The County has told them that they would not fund them anymore, which is an issue. I
know Commissioner Milian is here, but it's an issue that the CD (Community Development) has
raised, very, very real concerns about, in how we are going to rationalize that. And, this may be
a very appropriate time. Mr. Director, would you share with the Commission, the concerns that
have been raised regarding the County's pronouncements of not funding anymore activities in
the City.
Mr. Jose Cerdan (Assistant City Manager): It is our understanding, Commissioner, that Dade
County has basically made official a policy, of not funding any project which geographically is
located within the boundaries of another entitlement community, such as Miami, Hialeah, Miami
Beach or North Miami Beach. And, therefore, they are refusing in essence, to continue funding
agencies that are funded by those entitlement cities.
Vice Chairman Teele: We, asked... The committee asked that the staff request of the Manager,
to write a letter to the Manager seeking clarification. But, from my point of view, that's a deal
breaker for a joint enterprise zone application. If the County is not going to work with the City
in the normal course of business, we clearly are not going to work together on an enterprise
zone, an empowerment zone or an enterprise zone.
Commissioner Plummer: Well, you know, unfortunately, Arthur you have been on both sides of
the fence. It's been this City's contention for a long time that the City has never, ever got its fair
share. And, I am saying to you, today, that the only way that the County is going to become
accountable in the way that they should to us, as to other cities, is for us to shut the door, and say
Amen. Now, cooperation is a two-way street. And, you want us to cooperate with you, we will
cooperate, but you are going to have to cooperate with us. Now, you know, you can say that
there are programs that work, and some that don't work. And, that happens to be a true
statement. But, to say that because a program exists in the City of Miami, that they are not going
to be involved, I just don't think that can be the case. They might reduce their involvement, but
there is many programs that we are into these programs joint.
Vice Chairman Teele: Well, again, Commissioner Plummer, I couldn't agree with you more. I
think it's appropriate for the Manager to seek some written clarification, because we don't want
to get into a... I respect everything that everyone is saying, at least five or six different grantees
came in, and said that the City has said that. I have asked specifically, has that been recorded in
writing anywhere or reduced to writing? But, staff was not able to provide it. I think it's
appropriate for the Manager to be requested to look into the matter, to correspond with the
County Manager. But... But, I for one, Mr. Manager, I'm saying, the last time I checked,
County Hall is in the City of Miami. The last time I checked, we have a deal with this County...
Mr. Jose Garcia -Pedrosa (City Manager): And, doesn't pay taxes.
Vice Chairman Teele: A deal with the County in which we are receiving fifty thousand dollars
($50,000) or some ridiculous amount of money, which I have asked the Law Department and
you to work together, to let's go to court and get that invalidated. We are providing well over
one million dollars ($1,000,000) of services to residents of public housing in exchange for forty
thousand dollars ($40,000). Some agreement that was made in the 70's. And, I mean, it just
goes on, and on, and on. Now, we are all either in this thing together or we are going to all go
our separate ways. But, we can't pick and choose which way we are going to work together, and
which way we are not. And, I am just asking, that the Manager really look at this issue and take
it under advisement.
58 March 10, 1998
Commissioner Plummer: Well, Mr. Teele, let me... let me be on the other side of the coin. You
know, I don't think we can be overlooking the fact that... Let me give the example of the Parrot
Jungle. The County has come forth and have agreed to get involved. Yes, they had restrictions,
and yes, we did wish they didn't place them there, but they did. But, in fact, that's a City project
that they are deeply going to be involved in. Now, hopefully, that's going to be a go item,
because it's great for this City, and it's going to bring in a great deal of revenue. But, I think for
them to make a flat out statement, that they are not going to get involved in any involvement
with the City, I think it doesn't speak highly of them, and it surely doesn't speak highly of us.
Vice Chairman Teele: J.L., as shrill as I have been, and I will be as shrill on this point. The only
people to get money in this town are the big developers. That's the problem. That's the problem
when you look at the Economic Development recommendations, when you look at the housing
recommendations. The only people that are getting money are the developers. I support Parrot
Jungle. I think Parrot Jungle is a good activity, and I think it's something we can begin to look
how we can work on. But, to use 108 money from the City, when we are under an audit, and it is
a gray area for us, when we have got the kind of requirements that we have got. I am not there.
The Parrot Jungle deal is a deal about lobbyists. Let's be very clear about what that's about. Mr.
Peneles' top fundraiser is walking this deal through, and that's the way it works over there. And,
what I am saying is, it's not going to work that way over here, as long as I have one vote. And,
and... And, the Parrot Jungle deal is something that makes some sense. But, for the County to
say they are not going to fund poverty, not going to fund daycare, not going to fund childcare,
not going to fund anything that's truly for poor people. And, then, to turn around and say, we are
going to fund, a twenty-five million dollar ($25,000,000) deal, because you have got a bunch of
Gucci lobbyists, you know, it doesn't work like that.
Commissioner Plummer: Can I ask a question?
Commissioner Gort: Mr. Chairman.
Commissioner Regalado: Mr. Vice Chairman.
Commissioner Gort: Mr. Chairman. Wait a minute, let me ask you a question because...
Commissioner Plummer: Go ahead, sure.
Commissioner Gort: This 108 loan, I want to get this straight once and for all, because I get
different facts from everybody. I would like to get a list of all the 108 loans that have been made
by this City Commission. I understand we have a cap, I don't think we have gone to the cap,
because there is not enough applications. And, if we got people that can produce jobs for the
City of Miami, and they can create tourist attraction, which is an industry we need very much,
and they can be paid back the loan, I don't have any problem with the 108 loan.
Commissioner Plummer: Well, yes, you do.
Commissioner Gort: As long as we don't make the cap.
Commissioner Plummer: No, you...
Commissioner Gort: Well, I am telling you right now, I don't care about the Gucci...
Vice Chairman Teele: Well, if you don't have a problem with the 108 loan, then you come up
with the four hundred thousand dollars ($400,000) that we need out of this program, right now,
to pay the 108 loan that we just have. See, we got a 10... J.L. Willy, we have a 108 loan. We
owe four hundred thousand dollars ($400,000) this year on it.
59 March 10, 1998
Commissioner Gort: Which ones?
Vice Chairman Teele: Sir?
Commissioner Gort: Which of the 108.
Vice Chairman Teele: The 108, is a...
Mr. Garcia -Pedrosa: Southeast Overtown...
Vice Chairman Teele: ... Southeast Overtown Park West for all that land that was down there on
2nd Street. And, all that land that we acquired ten years ago. You weren't here. I wasn't here,
but we are responsible for it. And, we are struggling with this 108. We have got 108's that are
in default. I mean, I don't want to talk about things that aren't on the table right now, but we
have got... The big 108 is in default right now.
Commissioner Regalado: Right. [phonetic]
Vice Chairman Teele: And, nobody wants to push the guy out of business, because he is a good
guy and he is a nice guy. But, these funds have to be paid back. And, I just think before we go
into any more big capital programs with this Manager, I strongly recommend that we get our act
together, we clear up the CD audits and we, you know, really give the Manager an opportunity to
clean up some of our portfolio. That's all that I am saying.
Commissioner Regalado: Mr. Vice Chairman.
Commissioner Gort: I agree with you, but I think we should make all those in default pay for it,
not do... take whatever measures, take over their property, or whatever. I don't...
Commissioner Plummer: How? How are you going to do it? They are in default because they
are bankrupt.
Commissioner Gort: Well, but what I am saying is...
Commissioner Plummer: It's like Pan American.
Commissioner Gort: ... if we can get... If we... We got to work like a bank then. We got to
make sure the people can repay the loan.
Commissioner Plummer: You can't do that. That's beautiful. Try to find... If they... If they
could pay it, and they had the collateral, they wouldn't need the 108. That's the problem.
Commissioner Gort: Well, the reasons a lot of people take the 108...
Commissioner Plummer: And, besides, Willy...
Commissioner Gort: ... is to make it feasible.
Commissioner Plummer: Just let me tell you, so that you know. The 108 will not let us go, I
think, beyond 60 percent of our capacity of loaning, because of the fact that we could have to
pick up the balance of it. I have...
Vice Chairman Teele: Mr. Manager.
60 March 10, 1998
Commissioner Plummer: Mr. Vice Chairman, I would like to know who prepared this
document? What is it supposed to mean?
Mr. Garcia -Pedrosa: [Inaudible -- off microphone]
Commissioner Plummer: And, what is it supposed to tell me? Because, I have got a whole
bunch of numbers here, and if I was Chinese, I could maybe decipher what this is.
Mr. Garcia -Pedrosa: Commissioner, this is something my staff prepared for you.
Commissioner Plummer: Instead of just sticking a paper under my nose, tell me this is what you
hope this paper would tell me, because I don't know what the hell it means.
Mr. Garcia -Pedrosa: All right, sir. This is a...
Commissioner Plummer: I am sorry, Mr. Chairman, maybe you do.
Vice Chairman Teele: I have no idea, but I mean, I think the Manager and them are just working
hard to give us all the information we need, and we ought to...
Commissioner Plummer: That's fine to give me this... all of these numbers, but tell me, what
does it mean?
Commissioner Regalado: It's the same thing that we discussed this morning, J.L.
Commissioner Plummer: No, it's... You... not got the same paper then. [phonetic]
Commissioner Regalado: Yeah, it's the same thing. They just added the different... The staff
and...
Vice Chairman Teele: What they have is a relative weight for the... by target area. And, what
they are showing is the staff recommendation, the CD board recommendation and the committee
recommendation for each of these areas.
Commissioner Plummer: And, in the first column, whose recommendation was that?
Vice Chairman Teele: The first column that says staff?
Mr. Garcia -Pedrosa: It's our recommendation, sir.
Commissioner Plummer: Who?
Mr. Garcia -Pedrosa: The staff means, the City staff recommendations.
Vice Chairman Teele: It means the...
Commissioner Plummer: No, the staff is here. Who made these numbers?
Commissioner Gort: This is the guideline that you use to get the funds.
Mr. Garcia -Pedrosa: Oh, those are funds.
Vice Chairman Teele: That... Those are the... That's the formula from Washington.
61 March 10, 1998
Commissioner Plummer: All right. All right.
Mr. Garcia -Pedrosa: That's the population, poverty and overcrowding. [phonetic]
Commissioner Plummer: Thank you.
Commissioner Regalado: Mr. Vice chairman.
Mr. Garcia -Pedrosa: Hold on, one second, Mr. Vice Chairman, so that there is no... it doesn't...
It's not left unsaid. We are not getting into that discussion now. But, the matter of the 108 loan
guarantee with the County is not yet resolved. We are working on it now.
Commissioner Plummer: On the Parrot Jungle?
Mr. Garcia -Pedrosa: Yes, sir.
Commissioner Plummer: Well, there was a lot of strings attached. And, some of the strings we
could live with, and some of them we couldn't live with. The one that was at the final analysis,
as what I understood, and maybe... Regalado and Gort were there, was the fact, that they would
upfront the loan. As our monies became available...
Commissioner Regalado: That's right.
Commissioner Plummer: We would give back to the County to make them eventually whole.
Now, the real key to that was, there was no time frame. It could have five years, it could have
been six years, it could have been ten years, before we had the first million dollars ($1,000,000)
to give back. And, we basically said that we thought that was fair. Now, the other one, you
know, Mr. De Portilla, came up with an idea that I thought was completely unacceptable. I
mean, he is there fighting for the County, and God bless him. But, he said, you know, let's
subordinate the revenues, the annual rent revenues back to the County. Well, that to me, the
Oversight Board would have never gone for, so it never even was in consideration.
Commissioner Regalado: It was Jimmy Morales.
Commissioner Plummer: All right. I stand corrected.
Vice Chairman Teele: All right, but it's three thirty, and the 108...
Commissioner Plummer: Let's go.
Vice Chairman Teele: ... the 108 Gucci boys will be down here whenever there is an issue to be
voted on. In the meantime, we got all these people here who don't have lobbyists and lawyers to
come down and fight, so...
Commissioner Regalado: Mr. Vice Chairman. I would just like to take issue with what you said
about the County not funding programs within the City of Miami.
Vice Chairman Teele: I did not say that.
Commissioner Regalado: That you heard, that you heard.
Vice Chairman Teele: What I said is, is that the committee heard, we heard from a lady who just
said that.
62 March 10, 1998
Commissioner Regalado: OK.
Vice Chairman Teele: She's been funded by the City. We heard from at least seven or eight
different people in committee meetings and all I said is, that I'd pass that on to the Manager.
That I think we shouldn't get into a he said, she said...
Commissioner Regalado: Right.
Vice Chairman Teele: ... about it. We should ask the Manager to clarify it. The only thing that I
am saying is, if the City... if the County is not going to work with the City in funding on
Community Development types of activities, then it would be very difficult for me to support
working with the County on an enterprise zone or an empowerment zone application. Because,
if we don't have a working relationship, we don't have a working relationship.
Commissioner Regalado: You are so right. I would just want to take issue, the fact that this is...
if this is true, this is very dangerous. Because, we have many social programs that are... As a
matter of fact, most of the Hispanic social programs are within the City of Miami, and they
receive funding from the County. And, I would just ask, as you said, the Manager to look into
that. But, meanwhile, I will take the responsibility of contacting... See, we have several County
Commissioners who... whose district is within the City of Miami. Javier Souto, Pedro Reboredo,
Jimmy Morales, Bruce Kaplan, Barbara Carey, and whoever is elected today. So, it's... We are
talking of six County Commissioners who are within the City of Miami boundaries. And, it's
important that if this is the case, that we go talk to them immediately.
Vice Chairman Teele: Again, I assume that's an instruction to the Manager as well...
Commissioner Regalado: It is. It is.
Vice Chairman Teele: ... to agree that we need to clarify the issue? And, I think it came out of
the... In any event, Reverend, thank you for being here. Your number, please.
Reverend J. H. Davis: Number 33, Mr. Commissioner, Mr. Chairman, and we appear to you
today to help us to fund a program, number 33. This program we need in the target area of
Coconut Grove to keep our youths from falling through the cracks. This program will do so by
providing them with tutorial educational... education counselling and recreation...
Commissioner Plummer: Thirty-three.
Reverend Davis: ... and field trips. If these services are not provided with increase in
technology and needed skills, the youths in this comm... this lower income community would not
be able to compete in the job market, and the future of our community and the City of Miami as
a whole is not promising. Therefore, I am asking you to do all you can to help our youths
succeed. Please make this vision a reality by funding this program. We also understand that
number 58, on page two, in our target area will not... did not request funding this year, and if
possible, we would like that... we would like for you to consider adding the twenty-eight
thousand two hundred and seventy-five dollars ($28,275) that was previously funded to St.
Alban's Day Nursery, so that we can continue and help the children in our community that they
might be able to become productive citizens. Our church has been in existence in the City of
Miami for 102 years, helping the people that live in the area of West Grove.
Commissioner Plummer: I noticed, Mr. Vice Chairman. And, I have to ask, of course,
especially with St. Alban's. St. Alban's was listed here to receive no funding. And, I am at a
loss to understand why some of the long ongoing daycare have been completely cut, or cut back
severely. This is a knowing and going scenario...
63 March 10, 1998
Vice Chairman Teele: The answer is, that no application was submitted.
Commissioner Plummer: ... and new ones were brought in.
Vice Chairman Teele: No application was submitted.
Commissioner Plummer: You didn't submit an application for St. Alban's?
Reverend Davis: No, no, no. I am not 58. 1 am number 33. Don't get me in mischies.
Commissioner Plummer: No, no, no, no. I am not getting you in mischief, but I'm... I'm... if...
Reverend Davis: Oh, St. Alban's.
Unidentified Speaker: Tell him that you are St. Paul.
Commissioner Gort: They didn't have funds before. They didn't have money before.
Reverend Davis: Oh, yes, I am St. Paul, Commissioner, number 33. I mentioned...
Commissioner Plummer: They got twenty-eight thousand dollars ($28,000) last year. St.
Alban's Day Nursery, number 58. Number...
Unidentified Speaker: They did not get it.
Unidentified Speaker: They didn't get it.
Commissioner Gort: Number 33.
Commissioner Plummer: Sir, I am talking about number 58.
Vice Chairman Teele: Well, let... We don't have anybody here that can speak to number 58.
Reverend Davis: Number 58 was not funded, according to my information last year.
Commissioner Plummer: It's not. It's not funded at all.
Reverend Davis: It was not funded last year, and that was the reason that I requested that, if
possible, that number 58 be added to number 33.
Commissioner Plummer: Well, let me... You know, I am asking what rational, and I am asking
my Vice Chairman or Chairman of that Committee...
Vice Chairman Teele: Let me defer to staff.
Commissioner Plummer: All right.
Vice Chairman Teele: It's my understanding that no application was submitted by St. Alban's
this year.
Commissioner Plummer: Well, according to this...
Mr. Jose Cerdan (Assistant City Manager): That's correct.
64 March 10, 1998
Vice Chairman Teele: Commissioner, you can... The Commission may fund any reasonable
request that meets eligibility, whether an'application is submitted or not. So, you know, you
don't have to be tied to that. The problem that we have is, we receive nine million dollars
($9,000,000) to almost ten million dollars ($10,000,000) of requests against an allocation of two
point... two point one million dollars ($2,100,000). So, we are sort of not in the business right
now of looking for applications.
Commissioner Plummer: Well, I understand. I am only asking for the rationale. Item 12, let me
use that. Item 12, is... I am sorry, 13. Centro Mater. We all know what they work they do.
Now, they were proposed last year for sixty-three thousand dollars ($63,000), and now this year
the recommendation is forty. That doesn't make sense to me. And, I am... [APPLAUSE]
Woah, woah, woah, woah. Please, please, please. What rationale did you use? You know, if
they were doing a bad job, I'd say, OK, fine. Reduce them or cut them out. But, if an
organization is doing a good job, why did you cut them? I don't understand.
Vice Chairman Teele: The most important rationale that the committee used was also the
requirement that we bring in at least several new grantees. Now, if this won't... If we want to
make this a grandfather deal, and everybody does well, we may as well not have the process.
We have got to bring in new ideas, new concepts, otherwise we are just going to be funding
everybody that's here. So, so...
Commissioner Plummer: All right. Arthur, I'm not trying to argue that point.
Vice Chairman Teele: So, we funded... But, you asked a question. We are recommending
funding six new activities that were not funded last year.
Commissioner Plummer: And, I understand that. Now, my problem, I guess is very simple.
And, I am sorry to use Centro Mater, but that's the one I know best. If they are going to receive
twenty-three thousand dollars less... I don't know how much a child represents there, but let's
assume that it's 20 kids that are not going to be able to be handled by this organization this year,
because we are going to send the funding to some other place. What do they with those 20 kids?
Mr. Cerdan: Commissioner, let me clarify. The City's staff recommends...
Commissioner Plummer: No, answer my question, then clarify. What are they going to do with
those 20 kids? I mean, do they say to those kids, I am sorry, you can't come in the gate. I'm,
I'm... Hey, I am not trying to be dramatic. But, I am just saying is, what do you do with those
kids?
Commissioner Gort: J.L.
Commissioner Plummer: And, yet, you are advocating here to give more money to other
daycare centers that are either starting, and why is it that some are...? It's surely not an incentive
to do better.
Mr. Garcia -Pedrosa: Commissioner, if you are talking about item 13...
Commissioner Plummer: Wait a minute, excuse me. Talk about all the daycares in general. I
used that one...
Vice Chairman Teele: Why don't we have the public hearing and then have the debate?
Commissioner Plummer: You got... You got it. You got it.
65 March 10, 1998
Vice Chairman Teele: I mean, J. L., you can do what you want to do but, I mean, we heard from
a lady who just spoke. We heard from a gentleman who just spoke. The question was, why
didn't St. Alban's... he didn't represent St. Alban's. Sir, are you finished?
Reverend Davis: Yes, sir. I just...
Commissioner Plummer: Mr. Vice Chairman, I will be happy to wait as you requested. And,
will wait our questions 'till the end. But, they are going to be there.
Vice Chairman Teele: No, J.L., but I am not saying, don't ask questions, all that I am saying is,
let's ask questions of the people who are up before us.
Commissioner Plummer: And, I'll wait for heavy questions 'till the very end, and I'll get very
heavy.
Vice Chairman Teele: OK. Yes, sir.
Mr. Ringo Cayard: Yes, sir. Gentlemen of the Commission, we are all here together
representing the Haitian agencies. I think we have some concern and we would like some
explanation in what's taking place. Not only we are not receiving... By the way, my name is
Ringo Cayard, Haitian -American Foundation, 6660 Biscayne Boulevard. Fred is our
representative. Fred St. Amand, along with the other agency. Something is happening here, not
only are we not receiving almost anything because... from the fifty million dollars
($50,000,000), if we take the average, it's about one million three, more or less per group... or
per target area. We haven't get anything. But, what really tickled us, is the fact that this is not
even robbing Paul to pay Peter. This is robbing Paul and robbing Peter, when we see on item
number 26, a new agency which just pop up, and item eight. Wait, wait, wait. I don't think it's
the right one. There is item 26, Little Haiti Job Creation Plaza. Not only they did not... They
were not there in the past. We don't even know who they are. They did not even request any
funds. The City staff did not even recommend them. City board did not even recommend them.
All of a sudden, there is two hundred and twenty-five thousand, which we still don't mind, if
they are doing something for the Haitian community. But, when we had last year...
Commissioner Gort: Excuse me. You're saying, item 26?
Mr. Cayard: Twenty-six, that's correct.
Vice Chairman Teele: He is in Economic Development, which is a whole...
Commissioner Gort: Oh.
Mr. Caynard: Economic Development.
Vice Chairman Teele: It's a whole other discussion.
Mr. Caynard: No, we know. But, since this is taking away from the total that we had. Last
year, the total Haitian...
Vice Chairman Teele: Mr. Cayard, let me just tell you, real clearly.
Mr. Caynard: Yes.
Vice Chairman Teele: The public service area is limited by federal law to 15 percent.
66 March 10, 1998
Mr. Caynard: That's correct.
Vice Chairman Teele: This recommendation... The recommendations here are between 14.8
and 15 percent. The only thing that we can deal with in Public Service, is Public Service. Now,
I think it's highly questionable why anyone would come in and criticize other people's money or
monies that are set aside primary as opposed to justifying what you want. Why don't you speak
to what it is, you would like?
Mr. Caynard: Mr. Teele, we... Look at my skin, and my language and my accent. I know, I am
Haitian. So, I don't think any of you here are more qualified than us Haitians to tell us what we
need to do with the money that the federal government is giving here for us to spend. So, with
all due respect, I am addressing the fact that the Haitian community, for instance, had a program
which was child abuse prevention and intervention. We are the only agency in the whole Little
Haiti who is doing it. Just so HACAD (Haitian -American Community Association of Dade),
they went belly up, and that money was passed on to the Haitian -American Foundation. I don't
mind if you even take it from the foundation and give it to other agency. But, when it was
recommended zero, I have a serious problem with that, when two days ago, there was a child
who was shot right there in the middle of the street. And, Little Haiti is known for an agency,
for an area where we have crime coming up. Why I am so upset, is the fact that we always got
the short end of the stick. Always. We have to come day and day, and day, again. We have to
go to all the meetings, and at the end, it's always J.L. Plummer, out of his good heart, OK, fine,
you know, we are going to give something to the Haitian. That was, of course, before you come
here. We would like for you to be part of the group who wants to redo Little Haiti and shape
Little Haiti. We are basically tired of not getting anything. And, we are all here. It's sort of a
coincidence that, all of a sudden, all of us, we are upset of the way this is being distributed. So,
Fred is here, I am sure he wants to say something also.
NOTE FOR THE RECORD: At this point, 3:39 p.m., Chairman
ernandez entered the City Commission Chambers.
Mr. Fred St. Amand: My name is Fred St. Amand, and I am elected CDBG (Community
Development Block Grant) board member. And, that also, I think, it reflects the same kind of
discussion we had earlier where we and the board, we feel that we are just not even a photocopy.
When we present... OK, we know the community. We... just like you are elected by the
constituents to represent them, there was an election, I was elected to represent them. So, we
know better what our community needs. So, I think it's an insult what City staff has
recommended. As far as me, I am talking about, you know, primarily the social agencies. When
you take... When you see what City staff has recommended as far as the social agencies being in
our community, it's an insult. It is an... Just look at item 23 in public services and social
programs. OK, there was a food voucher project 200 grant, zero. We have HACAD (Haitian -
American Community Association of Dade). One of the agency that really serve the badly
needed folks in our community. OK, now they want to cut it by ten thousand, OK. And, then at
a time when the federal government really tell all the Haitians to go home. We also have again,
HACAD, who present you a good program for the afterschool kid, OK. Nothing. The Haitian
American Foundation for the project, they one hundred and ten
thousand, nothing. Haitian -American Foundation for Workshop Counselling, socialization for
the elderly. Let me tell you this, when you come in our community, our old folks are suffering.
There is no program, really that will meet their daily needs. Nothing. Haitian -American, again,
for Child Abuse Intervention, forty-six thousand dollars ($46,000). Nothing. And, I mean, you
know, everything is cut. What is going on? Little Haiti Housing, I mean, you know, a company
67 March 10, 1998
that is doing such a good job, I will see you in private where I'll tell you. Me, when I was
elected, I don't just come here and defend the agencies. Be... We had quite a few take agencies
in our community. Folks who put Haitians up front, and come here and demand hundreds and
thousands of dollars, and then there was no Haitians receiving, you know, not even a dollar ($1).
1 don't do that. I go there, I inspect them. I see what they are doing. I feel that I am a very
active board member. I go and investigate and see what my tax monies are doing. Little Haiti
Housing is one organization I feel that's really an asset to the community. You take the Haitian -
American Foundation, you take, you know, all the agency there, HACAD and everything. I
mean, you know, why they are not receiving nothing?
Vice Chairman Teele: All right.
Chairman Hernandez: Thank you. I am sorry, I forgot you were...
Vice Chairman Teele: No, Mr. Chairman, go right ahead.
Chairman Hernandez: Go ahead, go ahead. Carry on. Carry on.
Vice Chairman Teele: Now, what we are going to...
Chairman Hernandez: Carry on.
Vice Chairman Teele: What we are going to do is. I think the record needs to be clear, once the
motion is done. What I am going to do is, ask the City staff while we are talking to compile the
dollars, total dollars by category that have gone into the Haitian community, identifiable in
previous year, what the City staff has recommended, what the CD Committee recommended, and
what the Economic Development Committee recommended. I think the only way to get a full
picture is looking at all areas. But, I think, the point that I have tried to make is the point in
response to what one of the Commissioners is saying. It is very clear to me, that the Little River
area, the Edison Little River area, which is inclusive of Haitians and non -Haitians, but
primarily...
Mr. St. Amand: Black.
Vice Chairman Teele: ... African -Americans.
Mr. St. Amand: That is correct.
Vice Chairman Teele: ... has not had the kind of structure and institutions to be in a position to
historically get funding. This is particularly true in the area of housing and in the area of
Economic Development. And, I just want to take a minute and explain. The City staff has
recommended setting aside nine hundred thousand dollars ($900,000) in the area of Economic
Development for CBO's (Community Based Organizations).. CDC's, is that right?
Mr. Cerdan Uh-huh.
Vice Chairman Teele: Seven hundred thousand dollars ($700,000).
Mr. Cerdan: For CBO's, Economic Development.
Vice Chairman Teele: Eight hundred thousand... Seven hundred thousand dollars ($700,000).
There are no Haitian... There are no CBO's in the Haitian community...
Mr. Cerdan: There is one.
68 March 10, 1998
Vice Chairman Teele: ... that are in this...
Mr. Cerdan: There is one. Pierre Toussant.
Commissioner Gort: There is one.
Vice Chairman Teele: Pierre Toussant.
Mr. Cerdan: Yes.
Vice Chairman Teele: I stand corrected. And, what they have recommended was, the majority
of the money would go into areas outside of those areas. What the committee has recommended
is earmarking a quarter of a million dollars to be competitively selected in the Haitian
community. This is new money, because there are no... There is very little infrastructure there...
Mr. Cerdan: Could you get me...?
Vice Chairman Teele: ... primarily oriented toward helping businesses to increase their job
creation. So, I think when you go through this, you'll see that there has been a conscious effort.
The two hundred and twenty-five thousand dollars ($225,000) that's recommended is the largest
amount of money to ever go into the Little Haiti area in one lump sum in terms of Economic
Development.
Mr. St. Amand: Can I say something, Mr. Chairman?
Vice Chairman Teele: Yes.
Mr. St. Amand: OK, why that is done at the last second? Why that organization, I mean, why
me, as their representative, why I was not aware of that until, yesterday, that is presented? And,
then, who is behind it? What kind of job creation are they going to do? And, then that...
Vice Chairman Teele: It will be... It will be done competitively. There is nobody behind it. It
will be done competitively, based upon businesses in the Little Haiti area that want to hire
people. That's the whole idea. You see, right now, there is no history. And, what we have got
to do is, create an opportunity. If we say that there is going to be a seven hundred thousand
dollar ($700,000) CBO, competition, it's really not going to be fair. Because, the question is
going to be raised, the question that Commissioner Plummer is raising. I will tell you, when you
look through this whole category, the Little River Haitian community has traditionally not done
well. When you add up all of the dollars that are recommended by the committee, the Haitian -
American community has more opportunity in terms of dollars, now it may not be the right
political people. It may not be who is doing what, I don't know. But, it's going to be based on a
competitive process of people who can create jobs. That's what the proposal is. And, it matches
the staff recommendation related to the whole Economic Development piece. Next person, your
time expired. Mister... Senator...
Chairman Hernandez: Representative Bush.
Mr. Joe Celestin: Good afternoon, my name is Joe Celestin. Commissioner Teele, I am hopeful
that Commissioner Regalado and Commissioner Hernandez and Commissioner Plummer, that
you guys are going to do the right thing. We want to make sure that Little Havana gets...
Vice Chairman Teele: Did you introduce your name and yourself, please?
69 March 10, 1998
Mr. Celestin: My name is Joe Celes...
Vice Chairman Teele: Don't ever miss that opportunity, if you are going to run for public office.
Mr. Celestin: Thank you, sir. My name is Joe Celestin. My address is 8370 Northwest 7th
Avenue. I am hopeful that Commissioner Regalado, you are going to do the right thing for Little
Havana. And, you Mr. Hernandez will do the same. And, Commissioner Teele, please deliver
for Overtown and Little Haiti and part of Liberty City that you represent. We need equal right
and justice and fair share of the pie. This is twelve or fifteen million dollars ($15,000,000).
Let's make sure we get whatever is allocated, whatever is supposed to be, that we supposed to be
receiving comes to us, not somebody else get more than somebody else get less. Let's do the
right thing.
Vice Chairman Teele: Thank you, Mr. Celestin.
Mr. Louis H. Lacroix: Good afternoon, Commissioner Teele, and the other Commissioners. My
name is Louis H. Lacroix. I am here on behalf of the Haitian -American Community Association
of Dade County which refer to number 34 and 35. HACAD has been in existence since 1974,
and for the past 11 years with... we have been in partnership with the City of Miami. We have
been serving the Haitian, living in Little Haiti through our emergency food program. And, over
the years, thousand of people benefited from that program. Now, as you know, Commissioners,
Little Haiti is traditionally underserved. Right now, business is deteriorating. Youth
delinquency is growing. Unemployment is rampant. Close to 37 percent of the Haitian living in
Little Haiti are unemployed. Little Haiti right now is one of the poorest area in the City, and yet,
Little Haiti has not received it's fair share of the City million in federal community block grants.
What we are asking is for fairness. And, I agree with all of my other friends back there. We
think, Little Haiti should receive more money. Thank you, very much for that quick
presentation. Thank you.
Vice Chairman Teele: Thank you, very much for being here. Welcome ma'am.
Ms. Magally Prezeau: Hello, my name is Magally Preseau I am with the Center for Haitian
studies at 8325 Northeast 2nd Avenue. We are a non-profit community based organization in the
Little Haiti area since 1989.
Commissioner Gort: What's the number?
Commissioner Plummer: I didn't hear it.
Ms. Prezeau: And, we have provided..
services...
Vice Chairman Teele: Item 66.
Ms. Prezeau: Line... Huh?
Vice Chairman Teele: It's item 66, right?
Our reputation is, that we have provided a lot of
Ms. Prezeau: No, item number 23, page one. Yeah, and page two, item number 66.
Commissioner Plummer: For the Haitian Studies.
Ms. Prezeau: Center for Haitian Studies.
70 March 10, 1998
Commissioner Plummer: Yeah, because you have got to explain that to me. You are showing
me is, I would see it...
Ms. Prezeau: Uh-huh.
Commissioner Plummer: ... is a study group. But, yet, it says here that you are a food voucher
program.
Mr. Laurinus Pierre: No, the center, Commissioner Plummer. This is... I am Dr. Pierre, the
Director of the Center for Haitian Studies. The name of the center is the Center for Haitian
Studies, because it was funded in affiliation with the University of Miami years ago. But, the
Center is a CBO providing social services. We do case management counselling and provide
services under the City.
Commissioner Plummer: But, explain to me, food voucher project.
Mr. Pierre: Oh, we have various food voucher programs, now. We... food vouchers program is
a program that we offer... It's a program which offers vouchers to people that are receiving other
social services at the center. So, we provide case management counselling and the voucher, food
voucher program is a program whereby they give vouchers. We have subcontract...
Commissioner Plummer: Is that food stamps?
Mr. Pierre: No, that's vouchers, where people go, they receive vouchers for twenty-five dollars
($25). They go to the marketplace and buy. It's a food supplement nutritional assistance
program that they have. We have a lot of clients, and we have various programs. There is one
thing that is rather unrelated to this specific subject, but I want to address to Vice Chair, Mr.
Teele. I think there is a misconception that there are groups in the Haitian communities, there is
infrastructure. And, I would agree with you, a lot of groups, there is a lack of infrastructure in
the Haitian community. But, recently, I think we have seen the evolution of a new generation of
Haitian -American professionals that are involved in the community, doing community work, and
it's known. I am not talking only about my center, but we are talking about other centers that are
fiscally sound, have good records, good audit, and we have programs with the City and
Countywide. So, I wanted to, for the record, to point out that we do have the be... what we
mean... I mean, the beginning or the evolution of good infrastructures. There are groups,
however, not to point fingers at anyone, that do not comply with regulations in having the
regular annual audit, and performing according to standard practices in accounting and
everything that receive money. And, we need to take a look, close look at those things when we
are using public funds. And, I think we are a mere example of somebody, of an agency where
people can come and look at all those things. I just wanted to point that out for the records.
Vice Chairman Teele: And, I think it's a good point. If I may? My comments were primarily in
the area of organizations that are applying for money. There is a shortage of organizations in the
Haitian community applying for money in the area of Economic Development and Housing.
And, one of the things that we are saying to you is, in the area of Economic Development, what I
as a Commissioner would like to do, is treat the Haitian community the same way we treat the
downtown community. And, that is, let's stop funding or let's don't go out here now and create
CDC's in Little Haiti. Let's go out here and create businesses that can hire people in Little Haiti.
And, my goal as a Commissioner, is to try to figure out ways to work with the Manager and my
colleagues, because we have an opportunity in the Economic Development area where we can
create an opportunity for businesses to come in and get money to expand. Businesses to get
money... The same way you have been hearing all the talk about Parrot Jungle...
Mr. Pierre: Uh-huh.
71 March 10, 1998
Vice Chairman Teele: ... that's a for profit business. When it comes to the Black community,
my frustration as a Black -American, it always gets to one thing. When White America deals
with Black America, it's not for profit. When White America deals with White America, it is for
profit.
Mr. Pierre: You got it.
Vice Chairman Teele: And, why can't we begin to look in the Haitian community, as a way of
saying, we are going to help create businesses that can hire people. We are going to help create
businesses that can expand. Because, the biggest problem that we have in Little Haiti right now,
is we don't have the large number of people applying, except in the Public Service area. And, to
be honest with you, your case is the same case we heard this morning. We got all these
universities, going out and creating these pilot programs, Commissioners, and then, you know
what they do, they dump 'em.
Mr. Pierre: Yep. Yep. Yep.
Vice Chairman Teele: In two years, in three years, and that's the problem with Greater Bethel.
Reverend White's comments this morning, that was a program started by a university? Was that
right, Reverend White? The University of Miami. Now they are being dropped. The Overtown
Partnership, we have to pay for it now. That was a program by a university. They dropped it.
Your program is a program created by a university. They go out there, they write their Ph.D.'s.
They do these studies. They analyze you. They study you. They count the number of children.
This, that, and the other. Then, they get their PHD, and they drop you.
Mr. Pierre: May I, Commissioner, just one second? For the records, also. I am a physician by
training and also I do have a Masters in Public Health, and was part of the University of Miami.
I am right now in Adjunct Assistant Professor at UM (University of Miami). What I did, I
choose to go in the community and to take the leadership, because they will use you to, up to a
certain ceiling. And, when the ceiling is reached, you are dumped. So, this program, we took
the leadership as Haitian -Americans and at a professional level, to bring things to a highly
technical level in the community. And, that's what is happening now. There is such a thing
going on, and it's very, very minimal, but it's getting there. And, I understand, and I take your
point very... And, I address that directly.
Vice Chairman Teele: And, I apologize. Because, I really... it really does bother me.
Mr. Pierre: OK, OK.
Vice Chairman Teele: But, I commend you for the work you are doing. And, unfortunately,
there is no recommendation for funding by the City staff or the CD or the committee. But,
maybe, we can work with you in trying...
Mr. Pierre: Well, we were recommended by the Advisory Board if that means something, at this
point. And, also, you know, my friend, Commissioner Plummer and also, Commissioner Gort
would probably make some recommendations.
Vice Chairman Teele: OK. Thank you.
Mr. Pierre: OK, thanks.
Ms. Yvonne McDonald: Good afternoon. My name is Yvonne McDonald, and I am the
Director of the Coconut Grove Family and Youth Intervention Center. My item is, item number
72 March 10, 1998
20. First, of all, I just want to comment on what Commissioner Teele just said. And, I just
really appreciate your comments, Commissioner. In that, in our communities, we do tend to
look at not for profit, and not for profit. And, one of the points that I would like to make is, our
agency, the Coconut Grove Family Youth Intervention Center was stared in 1994, as a model
program of collaboration. That is, bringing various agencies and providers together to work
together in the community of Coconut Grove. In our first year, we had 12 agencies that we were
providing funds to service families in our community. Our application to the City of Miami for
the last four years has been the same. We have requested funds to support programs in our
community to continue to provide services to families. When we applied this year for the CDBG
funding, we asked for one hundred and fifty-seven thousand dollars ($157,000). Out of that one
hundred and fifty-seven thousand dollars ($157,000), eighty thousand dollars ($80,000) was to
be subcontracted to other agencies that do not apply for CDBG funding because they do not have
the capacity to do so. They are providing services, but when time comes to write grants and to
apply for funding, a lot of programs are not in a position to do this. And, that is where our
agency is filling a role in the community of Coconut Grove. Some programs traditionally, over
the years have received the same funding every year through CDBG funding. We met, we
discussed this with those agencies and they agreed that they would like to apply for CDBG
funding collectively. They were told by the City of Miami, they were recommended not to apply
collectively for CDBG funding. Apply separately because that would ensure that you would at
least continue to get what you have gotten over the last several years. And, I think that this
again, is a part of what the problems are, when it comes to communities really trying to work
together. Commissioner Plummer mentioned this morning that, eight hundred thousand dollars
($800,000) of the CDBG funding is coming to three communities in his district. In Coconut
Grove...
Commissioner Plummer: No, three target areas in my district.
Ms. McDonald: ... three target areas.
Commissioner Plummer: Yeah.
Ms. McDonald: Three separate communities.
Commissioner Plummer: Yeah.
Ms. McDonald: Coconut Grove is receiving less than two hundred thousand dollars ($200,000)
of that eight hundred thousand, out of thirteen million dollars ($13,000,000). And, equitably, we
are not receiving our percentage of the funds. And, I don't want to repeat, and I think what
everybody is saying is, we really need to look at the CDBG process. We are requesting your
support of our application, not only to support our agency and the work that we are doing, but to
support other programs such as Coconut Grove Cares, who has been in our community for over
40 years who, they do not apply this for CDBG funding. Agencies like the Currey Greise
[phonetic] track team that's working with over 60 children annually. They are asking for funds
to help them continue their program. Planned Parenthood, the Miami Museum of Science,
which through our liaison with them, over the last four years, we have been able to provide
Summer programs for over 150 children in our community. These agencies recognize that, one
of the things that are so important, is that they work within the community. And, our agency is
serving as that link to the various providers to really serve our community. So, we are asking you
to look at our application as a collaborative effort, to help those programs to fund their activities.
These agencies support us, they want to see us receive the funds. They would like to see
programs that do not apply, be able to continue to continue their work. And, the only way that
that's going to happen is if the Commission recognizes that there are small groups in these
communities that are doing a lot of work. They need the help. And, agencies like mine, who are
in the position to give that assistance, is not receiving the support. And, so I am asking you to
look at our application. To review the application, and...
73 March 10, 1998
Commissioner Plummer: Number.
Ms. McDonald: Number 20. And, to recommend funding. In particular, for the programs that
we are asking for support in our application. Thank you.
Chairman Hernandez: Thank you, ma'am. Sir.
Mr. David Alexander: Mr. Chairman, if I may? David Alexander, Executive Director...
Chairman Hernandez: David, this gentleman...
Mr. Alexander: ... Coconut LDC (Local Development Corporation), on the same agency.
Chairman Hernandez: OK.
Mr. Alexander: I just wanted to put in the record, Coconut Grove Family and Youth
Intervention Center is a subsidiary agency of the Coconut Grove Local Development
Corporation, was formed three and a half years ago, as a demonstration program with the help of
Commissioner Teele. We received funding from Metro -Dade County in the amount of half a
million dollars ($500,000) to start this agency. The reality is, that this is a widely successful
program that has been operating in the City of Miami for three years, without funding from the
City of Miami, and we are asking now, that the City put up a fair share so that we can leverage
some more money. We have already brought in over one point two million dollars ($1,200,000)
through this agency during the last three years. And, the Boys and Girls Club Program in
Coconut Grove is, but one, of those very successful initiatives. And, we are asking you to please
fund this program, because now they need, they absolutely need the money. And, it's a Social
Services Program. Thank you, Mr. Chairman.
Chairman Hernandez: Thank you.
Mr. Humberto de Armas: Good afternoon, Commissioners, City Manager. My name is
Humberto de Armas, and I represent the Childrens' Psychiatric Center. My colleague is Mrs.
Veronica Gomez. And, we are item 17, page one of 15. And, we submitted a proposal for
mental health day treatment in the Little Havana area which we were not recommended for
funding. If you do not know, the Childrens' Psychiatric Center has been in Dade County for 50
years. We have always taken the leadership role in this community, and did not receive a letter.
We did not... We did not do a presentation to any board, like in the past, we always have. So, it
kind of leaves us, as how do we get rewarded for taking the leadership program in this
community, when we were not even taken into consideration?
Chairman Hernandez: Sir, let me ask you a question? I have heard this complaint on several
occasions today, already. You are telling us that, City staff as well as the Oversight... I am sorry,
the Community Development Board, did not invite you to give a presentation before them?
Chairman Hernandez: Well, why is that? Why does that happen?
Mr. Jose Cerdan: Our funding proposal includes a schedule with the dates and place where we
will meet in advance. And, we have a total of 20 meetings. So, everybody who applies knows
ahead of time when and at what time we will meet to discuss the proposals.
Chairman Hernandez: You don't notify them...
Commissioner Gort: Individually.
74 March 10, 1998
Chairman Hernandez: ... other than when they apply, and that's when they know when the
presentation is going to begin?
Mr. Cerdan: The proposal itself...
Chairman Hernandez: Uh-huh.
Mr. Cerdan: ... has a document with a timetable for meetings, and places and times. In addition,
we advertise in the media, and I don't see the reason. But, everybody else was at the board
meetings making the presentations.
Commissioner Plummer: You know, for 28 years, I have sat here and this is the most difficult
day of every year, trying to make people understand that we have requests for nine million
dollars ($9,000,000) and only two million dollars ($2,000,000) to put out. Federal regulations
say, that of all our entire money we cannot dedicate more than 15 percent to social services. All
these programs are good programs. But, it only can go so far, and so far around. And, it's very
difficult... Some people are going to go away happy, some are going to go away satisfied, and
others are going to go away unhappy. And, you know, it's just extremely difficult. I got to tell
you, I take my hat off to Arthur Teele, as I sat yesterday and watched him go through this
process. As a single individual when they throw rocks, he was going to get them all. With us, at
least there is five of us, they can distribute them out. But, he did a good job yesterday, and I
want to tell you, on behalf of this Commission, am I happy with everything that he did? No. Do
I think he did a good job and tried to do the best that he could for this City, yes. And, I am just
saying to you, you know, everybody can come up here, and everybody can say that they were
shortchanged or we didn't get what we wanted or we didn't get enough, there ain't enough here.
When we have requests for nine million dollars ($9,000,000), and there is only two million to
give out. So, you I just... You know, I had say that, because I don't think some of the people
realize that we have got unlimited amount of money and when they see this number of twenty-
six million dollars ($26,000,000), they think, well, why didn't we get more? Only 15 percent
maximum can we use for social services. And, I hope people realize that we sit up here,
hopefully... There is no Gucci shoes up here, to my knowledge.
Mr. Humberto de Armas: Oh, there is no Gucci shoes here either.
Commissioner Plummer: OK.
Mr. de Armas: I mean, we don't have lobbyists ourselves.
Commissioner Plummer: Sir, all I am saying to you is, I am not putting you down or any
program am I putting down. I don't know of one year that I know anything negative about. I
have always used a theory and I'll continue. When I make my final decision predicated on
feeding the hungry, taking care of the sick and putting a roof over their head, and the rest that's
left over, if there is any, we will argue about. That's my criteria. So, I am just saying, that's for
one vote.
Chairman Hernandez: I think that most of us here, and the problem I have always had with this
process is, when you have certain agencies that get almost 100 percent of what they request, and
then there are others that just get completely zero.
Commissioner Plummer: Zilch.
Chairman Hernandez: There is something wrong with that, and I certainly don't approve of that.
There are certain people here that I have see the numbers, it's almost, I mean, what they have
75 March 10, 1998
been reduced is minimum. And, then there are people like this gentleman that's here before us
who has gotten zero across the board. I think they provide vital services, especially after school
services that we severely lack in all parts of the City of Miami, and we have to work in fixing the
process. This is the second time I go through this. Last year I was here doing this too...
Commissioner Plummer: You're lucky. It's my 23rd.
Chairman Hernandez: ... and it...
Mr. de Armas: Commissioner, if I may? Quite frankly, it's not with pride that we as an agency
come here, because in our industry expansion it's not necessarily growth because we wish we
didn't have to do this. We wish we didn't have to expand and accommodate certain referrals that
we get to take care of children that have mental problems at such an early age. But,
unfortunately, we do. And, in an area where we are constantly getting referrals from the
Juvenile Center, from Children and Families, and we are probably one of the only agencies, and
there is a couple more, that provide this service, I don't know how we can be just overlooked
liked that. I quite don't understand. And, that's a little bit frustrating for me.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Let me see if I can explain it, because we that sit here listen to all of you,
you come and see us and lobby us. And, like J.L. was stating and Commissioner Teele was
stating, all the agencies here, provide great services. They all do. The questions that we have to
answer here is, to give you, who do we take it away from, and the person we take it away from,
what is it going to do to the community? And, that's a question that J.L. asked a little while ago.
And, that's a decision that we had to take. If we take it away from someone to give to somebody
else, how do we do it? I don't agree with the process, it's been established for a long time, but
we inherited all this. We are trying to fix it, we are trying to work with it. The first year I was
here, we knocked off four agencies that were not providing the services, and this is one thing
that... that I think the Committee Commissioner can really, the people in the community can
really come back and tell us. Look, this agency is just there, they are getting money, but they are
not performing. They are not providing services, and cut it away. And, we need to do that. We
need to... Maybe, we might have to come to a competitive bid, let everybody compete every
year. I don't know, that's... But, I want you all to understand that we, that sit here have been
going through this for a few years, it's not easy, people. It's not easy. And, then there is other
ways, where they get money where a lot of people don't apply, which is what Commissioner
Teele stated a little while ago.
Mr. de Armas: OK. Thank you, gentlemen.
Chairman Hernandez: Thank you, very much.
Mr. Adrean Lans: Good afternoon, Honorable Chairman, Vice Chairman, members of the City
Commission, City Manager. I'm here representing Page 12 of 15, item 33, Inner -City Sports. I
submitted a Community Development Block Grant proposal.
Chairman Hernandez: What number are you, again?
Mr. Lans: Page 12 of 15, number 33, sir.
Vice Chairman Teele: We're only on pages 1 and 2.
Mr. Lans: One and two?
76 March 10, 1998
Commissioner Plummer: Well, you see, that's where he got goofed up. He put in two
applications, Art.
Mr. Lans: Yes, sir.
Commissioner Plummer: And they put him in under Public Facilities, rather than under Social
Service Programs, and that's where he wanted to be, and yet they didn't even recognize his
application under social service. They put him over here, and of course...
Vice Chairman Teele: Commissioner, we have the authority and we have the power to move
that application from that category right now and to consider it under public service.
Commissioner Plummer: He is... I'm just telling you that's the reason he's up here speaking
right now...
Vice Chairman Teele: OK.
Commissioner Plummer: ... as to where he thought he was and found out that he wasn't. He's
item 33, called Inner -City Sports.
Vice Chairman Teele: Could we just hear from the staff. Could the staff find out and make sure
that this is an eligible public service activity?
Mr. Cerdan: It is my understanding that based on the description of the project, it was more
appropriate to categorize that activity under public facilities, which is, by the way, unrestricted.
So it works to their benefit.
Commissioner Gort: Yes, it's the monies to renovate the old Dorsey library building. My
understanding is, according to what I get here, what I read is to renovate an existing building.
Mr. Lans: What you have here is basically was two applications and according to the former
director, he said that is one application with two components. What I basically asked the
Commission to do here today, I would appreciate every consideration if you could look at your
surplus dollars and allocate some funds for it, I would most appreciate every bit of it.
Vice Chairman Teele: I can tell you, if the Manager would allow us, we could consider it under
public services. In fact, you can consider any activity under public service, essentially. But you
are ducking from the frying pan into the fire, because it's less money in public service than there
is in any category.
Mr. Lans: Well, I'm asking it to go into service that way that you could go into your reserve
funds and provide some assistance.
Vice Chairman Teele: We don't have reserve funds here.
Mr. Lans: Well, the reserve from whatever funds you have available.
Vice Chairman Teele: You weren't here for the fire fee. We don't have any funds. That's the
problem.
Mr. Lans: You don't have no surplus funds?
Vice Chairman Teele: No, sir.
77 March 10, 1998
Commissioner Plummer: What he's talking about, he heard and he explained to me this morning
about the $100,000 split before... between five Commissioners to make different choices.
Vice Chairman Teele: Are all of these persons on Public Service? Could we just see what the
end of this is, because we are going to close...
Commissioner Plummer: No, there's two there that I can see, Southwest Senior Citizens, that's
not Public Service.
Commissioner Regalado: Yes, it is.
Vice Chairman Teele: Yes. it is.
Commissioner Plummer: Huh?
Commissioner Regalado: Yes, it is.
Vice Chairman Teele: Yes, ma'am. Go right ahead.
Commissioner Plummer: Oh, I am sorry. Art, you changed it from Social Programs to Public
Service, and I am just... I am confused.
Vice Chairman Teele: I am sorry. Public Service and Social Programs.
Commissioner Plummer: OK. For 22 years it was Social Programs.
Vice Chairman Teele: Well, it's still Social Programs. It's City of Miami rules. I ain't bucking
the system. Thank you, ma'am.
Ms. Betzaida Ferrer: Good afternoon, Commissioners. My name is Betzaida Ferrer, and I am
the Executive Director of De Hostos Senior Center in Wynwood at 2902 Northwest 2nd Avenue
site. I want to thank this Commission and the City staff for their recommendations. And, I want
to add that the amount of elderly and handicap in Wynwood and in these inner -City areas has
duplicated since the 1990 census. Yet, our funding has gone down. I understand the difficulty
faced by the Commission. In response to that difficulty, we submitted two other proposals under
Housing. One to purchase a building because our rent has gone up considerably, and when we
had expand to the County, they are asking for sixteen dollars ($16) a square foot in Wynwood.
It would cost the City fifty-five thousand dollars ($55,000) to rent the same amount of space we
now have. De Hostos Senior Center, through the intervention of its Board of Directors was able
to secure a state grant for two hundred thousand to purchase the building across the street. We
ask the Commission to consider matching funds so then we can write a grant to the federal
government and bring in dollars. We would also be able to do a joint venture, perhaps with the
public sector further on, to bring in more dollars for the elderly, and relieve the City Commission
of some of this responsibility. So, I thank the Commission and I ask that you reconsider the
funding under Housing. Thank you.
Vice Chairman Teele: All right. Thank you, ma'am.
Ms. Elena Del Monte: Good afternoon, Chair and Commissioners. My name Elena Del Monte,
and I represent the Association for the Development of the Exceptional. We are an agency that
has provided for the past 25 years, services to adults with disabilities. We are requesting under
number eight of page one of fifteen, thirty-five thousand dollars ($35,000) for one of our
programs that offers vocational training and job placement. We have been fully recommended
by the Advisory Board. And, also, we are very thankful that the ED (Economic Development)
78 March 10, 1998
Committee recommended twenty-five thousand dollars ($25,000) for our program. And, we are
here seeking support of the rest of the Commission, and we hope that we will get that support.
Thank you, very much. If you have any questions...
Commissioner Plummer: Yeah, I have a question.
Ms. Del Monte: Uh-huh.
Commissioner Plummer: Do you realize that you are probably the only group that's getting
double what you got last year?
Chairman Hernandez: OK.
Ms. Del Monte: Believe me, we deserve it. I think that to rebuttal...
Commissioner Plummer: I didn't say you didn't.
Ms. Del Monte: ... that, we should have been gotten much more for years past.
Commissioner Plummer: I didn't say you didn't.
Ms. Del Monte: We have been in the City of Miami for 25 years, and believe me, I have only
asked for money for the past six years, and that was when the Department of Children and
Family started cutting us, that's when I came to you.
Vice Chairman Teele: Ma'am, why don't...
Ms. Del Monte: When I did not need it, I was not here.
Vice Chairman Teele: Ma'am, why don't you explain just very briefly. Take that as an
opportunity to explain that you all have... Is it an oven?
Ms. Del Monte: That's under another category, under Facility Improvement.
Vice Chairman Teele: OK.
Commissioner Plummer: No, that... I heard that one yesterday.
Vice Chairman Teele: OK.
Commissioner Plummer: To put in a professional kitchen.
Ms. Del Monte: I'll be back to the podium for that when the time comes.
Commissioner Plummer: I heard it yesterday, you don't have to repeat it for me.
Ms. Del Monte: But, the rest of the Commission needs to hear it, Commissioner.
Vice Chairman Teele: Thank you, very much.
Ms. Del Monte: Thank you.
Commissioner Regalado: Are you coming back to talk on the other issue, later on?
79 March 10, 1998
Commissioner Plummer: Oh, yeah.
Commissioner Regalado: OK.
Chairman Hernandez: Ma'am.
Ms. Christina Penedo: Good afternoon.
Commissioner Plummer: She'll be there.
Commissioner Regalado: All right.
Chairman Hernandez: Go ahead.
Ms. Penedo: Good afternoon, Mr. Chairman, members of the Commission. My name is
Christina Penedo, and I represent Southwest Social Services Senior Center, located at 25
Tamiami Boulevard. We had requested ninety-one thousand dollars ($91,000) to provide
services for the elderly. We have been recommended, and I am very grateful for seventy
thousand one hundred and twenty-five dollars ($70,125). The reason why I am here is to have
you consider giving us additional funds. As our client population gets older, the demand for
home delivered meals have increased. At present, we have a waiting list of over 80 elderly
clients who are home bound and whose... probably their only hot meal would be a home
delivered meal served by our agency. Thank you.
Chairman Hernandez: Thank you.
Commissioner Regalado: Thank you.
Vice Chairman Teele: Thank you, very much.
Commissioner Plummer: You know, what I am almost going to do? I'll tell you what I am
thinking about, and we did it at the TDC (Tourist Development Council). All those people that
have come up here and said, "thank you, we are happy with what we got." I am about ready to
make a motion to lock them in, so that when we start doing the cuts, they are not touched.
Commissioner Regalado: Well, she wanted more. She thank you for it.
Vice Chairman Teele: She thanked you for what you gave, but she was asking for... asking for...
Commissioner Regalado: Yeah, but she wanted more. So, don't lock her.
Commissioner Plummer: Well, you... Mr. Teele, taught me at the TDC when you happy say,
thank you, and you sit down.
Vice Chairman Teele: Ma'am.
Ms. Carmen C. Maine Mailer Mailer: Good afternoon, ladies and gentlemen. My name is
Carmen Maine Mailer Mailer. I am the Director for the Association of the Useful Aged, also
known as Los We have been in existence since 1971. We offer social,
educational, food, recreational and lately even community service hours for those who are
recommended to us by certain organizations. We asked for eighty thousand dollars ($80,000) to
continue funding. We were not funded last year. We were recommended by the Community
Committee who came and visited us, saw the need that we have for 40. We are in dire need of
the eighty thousand. I won't say, thank you, so Mr. Plummer, won't say anything. I won't thank
80 March 10, 1998
anyone. I really need your assistance and your help. If we do not continue funding, if we do not
continue with our doors open... We are in an area where the need is beyond recognition. Flagler
from downtown to 22nd Avenue is a disgrace. You all know it, you all see it. We had a hole
outside of our agency, we are in the City of Miami limits, which my husband personally had to
fill with cement.
Commissioner Plummer: What avenue are you?
Ms. Maine Mailer: I fell twice.
Commissioner Plummer: What avenue are you?
Ms. Maine Mailer: To me, I am so big, nothing happened to me. I kind of just rolled around and
got up.
Commissioner Plummer: No, on Flagler Street, is your office on Flagler Street?
Ms. Maine Mailer: 982 West Flagler.
Commissioner Regalado: Carmen, you said 87, it says here 67.
Ms. Maine Mailer: I am sorry. Well, I asked for 80, I put it down to 67.
Commissioner Regalado: OK.
Ms. Maine Mailer: We were recommended for 40.
Commissioner Regalado: OK.
Ms. Maine Mailer: I am the only...
Commissioner Plummer: What number?
Ms. Maine Mailer: ... paid employee.
Commissioner Plummer: What number?
Ms. Maine Mailer: It's number six on page one.
Commissioner Regalado: Seven, seven.
Ms. Maine Mailer: I am sorry. Number seven on page one.
Commissioner Plummer: Useful Aged?
Ms. Maine Mailer: Yes.
Commissioner Plummer: That's was what's her name who used to be there, and she died.
Ms. Maine Mailer: My mother. Carmen.
Commissioner Regalado: Her mother, Carmen Maine Mailer.
Commissioner Plummer: And, we are not recommending her?
81 March 10, 1998
Commissioner Regalado: They didn't get any funds last year.
Commissioner Plummer: Huh?
Commissioner Gort: They used to be funded. At one time they took it away.
Commissioner Plummer: They absolutely were funded.
Mr. Jose Cerdan (Assistant City Manager): They reason that we...
Ms. Maine Mailer: No, we were not funded last year.
Commissioner Plummer: Not last year.
Commissioner Regalado: Not last year, not the year before.
Ms. Maine Mailer: The reason that they were not funded last year is because of an number of
administrative concerns that were never resolved, and as such, we did not recommend them for
funding last year.
Commissioner Plummer: And, you are recommending this year?
Mr. Cerdan: No.
Commissioner Plummer: You are not recommending this year. Huh.
Mr. Cerdan: Mr. Plummer, Mr. Teele, Mr. Regalado, Mr. Hernandez, Mr. Gort. Mr. Plummer,
gheeze, you have always helped me. The elderly for sure, I'll put my hand on that.
Commissioner Plummer: Number seven, right?
Commissioner Regalado: Seven.
Chairman Hernandez: You still got that refrigerator we got you a couple of years ago? I
wheeled it in myself.
Ms. Maine Mailer: Let's not talk about that. Let's not talk about... Let's not open up sores that
haven't healed yet.
Vice Chairman Teele: All right. Thank you, very much.
Ms. Maine Mailer: The committee did come and visit us. They saw the need, they opened one
refrigerator and door just stayed in the... He was here. Mr. McKnight was there, the refrigerator
door just fell in his hands.
Chairman Hernandez: I am sorry I asked that.
Vice Chairman Teele: All right, thank you, very much.
Ms. Maine Mailer: Oh, well, I just wanted to say, thank you for listening to me. Please, help me
keep doing what I am doing. I am the only paid staff member. And, if you look at other
organizations, I am the only one that makes a reasonable amount for salary. All the other
organizations have humongous salaries. Everyone else is volunteer, totally.
82 March 10, 1998
Vice Chairman Teele: Thank you, very much.
Ms. Maine Mailer: No, thank you, gentlemen. Have a good day. I want ladies.
Vice Chairman Teele: All right, the public hearing on the Public Service area is closed. Before
we go into discussion on it. This is a public hearing on the Public Service and Social Programs
ESG (Emergency Shelter Grants). The recommendations are for four basic activities. That's the
Emergency Shelter Grants. Are there any persons coming forward? No persons coming
forward. The public hearings are closed. There is only one change from, I guess, the City staff
recommendation, and that is that the Basic Training Program which was recently funded as an
emergency by Sylvester Stallone is also considered and recommended for funding there for
twenty-five thousand dollars ($25,000), with it being a match toward the funding that was
provided. All right, Commissioner Plummer, Commissioner Regalado, I don't know how you
would like to proceed. I would much prefer to at least try to have some preliminary discussions
on Public Service. This is the most difficult area by far.
Commissioner Plummer: OK.
Vice Chairman Teele: It's the area that is most limited. The committee recommendations are...
that are before provide for an additional one hundred thousand dollars ($100,000) of reserves so
that you don't have to take away and give... It is not intended as a... an allocation for each
Commissioner, but to address the disparity and the needs that are there. I am very comfortable
moving the staff recommendation or the committee recommendation. I would prefer to move
the committee recommendation. However, I am not comfortable moving the...
Commissioner Gort: For which ones?
Commissioner Plummer: For all of Social Service.
Vice Chairman Teele: CD (Community Development) Board recommendation, for the simple
fact, that the CD Board in their process assigned each area, each target area, approximately, what
was it, one million dollars ($1,000,000)?
Mr. Irby McKnight: Yes, sir.
Vice Chairman Teele: For purposes of distribution. And, I think, given the lack of information
that they had at the time that they did that, it really distorts the realities of the need. And, what
you are going to see is that the CD is recommending money in almost every area. And, I think if
you could do CD... That is, the Community Development Board recommendations, it's probably
going to provide more money for various organizations, but at the end of the day, what it does is,
is it eliminates a lot of activities that have been going on, that are ongoing. And, I would hope
that as we move forward that we give the Community Development staff, I mean, board more
information, so that as they make their distributions, they are more realistic in terms of the
population, the amount of the population. For example, an area that generates ninety-nine
thousand dollars ($99,000) got a million dollars ($1,000,000) to allocate, as an area that
generates three million dollars ($3,000,000) got a million dollars ($1,000,000) to allocate. And,
that's just... We... I gave great deference to the Community Development Board, because they
actually went out and looked at every one of these projects, and that's how we get some projects
being funded that had never been funded before, because the Community Development Board
did that. But, I am comfortable moving either one. I will say this, this was not about the district
that I represent, the minister that I go to church with. I used to go to church with, I guess, a lot,
is very unhappy with me. And, I am very distressed about that, Reverend White. I mean, you
heard the Haitian community that I represent. This is a very difficult process, because when you
83 March 10, 1998
have got one City center, like the Action Center getting three hundred thousand off the top, the
Allapattah Community Center getting two hundred and fifty thousand off the top, and you go
right down. De Hostos Center getting one hundred and eighty, two hundred thousand off the top.
It's difficult at that point, to fit anybody else in. And, what you don't want to do is stop
programs that are working. And, it's very difficult particularly in these areas that are
underrepresented to break in.
Chairman Hernandez: Vice...
Mr. McKnight: However, sir, we did leave five million dollars ($5,000,000) in reserve for the
Commission to...
Commissioner Plummer: Five million?
Vice Chairman Teele: No, no, no. This is Public Service. Public Service, only.
Mr. McKnight: Right. Oh, only in Public Service?
Vice Chairman Teele: You all allocated... You all allocated...
Mr. McKnight: We allocated the cap in Public Service.
Commissioner Gort: In Public Services, yes.
Vice Chairman Teele: You all exceeded the cap.
Mr. McKnight: Well, we exceeded the cap by one hundred and fifty thousand dollars
($150,000), and then Community Development contact us, and we reduced our recommendation
to get back to the cap. And, when we took one million dollars ($1,000,000) per target area, it
actually only used eight million of the thirteen million, leaving five million available.
Vice Chairman Teele: The legal cap is one point three million dollars.
Mr. McKnight: Yes.
Vice Chairman Teele: Is that right?
Commissioner Plummer: Here is the committee.
Vice Chairman Teele: The legal cap. The committee recommends that we stay below the legal
cap, and around one point two million dollars ($1,200,000).
Mr. Cerdan: The cap is 15 percent of the grant plus program income. Based on our
computation, the total is two million three hundred and forty thousand two fifty.
Mr. McKnight: Right.
Vice Chairman Teele: I stand corrected.
Commissioner Regalado: Excuse me. How about the issue that we have before the Congress of
raising the cap, it...?
Vice Chairman Teele: It's not applicable now.
84 March 10, 1998
Commissioner Regalado: It's not applicable? When?
Mr. Cerdan: Not, with this...
Commissioner Regalado: Not in this year?
Mr. Cerdan: Right, but we are still pursuing...
Commissioner Regalado: Because it has been passed by the House.
Mr. Cerdan: Yes. But, we are pursuing and working with Congresswoman Carrie Meek. And,
we hope to get a positive response from Congress.
Vice Chairman Teele: The... Just to use the County. The County never appropriates at 15
percent. They stay at 14.9, because at the end of the year if you wound up with a problem that
you need to round something, you can unintentionally go over this thing, just by bookkeeping.
So, the committee is recommending it at two point three one, and you could go to three point...
two point three four. But, we... I think we need to be at least twenty-five thousand dollars
($25,000) below that. Because, we have got enough problems now. They have accused us of
exceeding the cap in the past. The have accused us of exceeding administrative funds. And, we
just need to stay prudent.
Commissioner Plummer: Well, Mister...
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes.
Vice Chairman Teele: However, you want to proceed.
Chairman Hernandez: I...
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Commissioner Plummer.
Commissioner Plummer: I don't know how to rectify, but I can give you the following. I have
extreme pain in item 58, St. Alban's Daycare. I have pain in 13 and 14, Centro Mater. I have
problems in number 48, Little Havana Activity Center, in the 48. Forty-seven is fine, in 48, no.
And, I have problems in number 11, which is the Boys Club, but we can rectify that. Those are
the areas that I have the problems in Social Services. I cannot in any way help out any other
way. I would like to help everybody. The Haitian Studies, I think is a good program. I think
that there are problems in the Haitian area, but how do we rectify with a little bit of money that
we have? I don't know what to do.
Commissioner Regalado: OK, how much we have to try to balance our need?
Commissioner Plummer: Well, you know, I am not going to argue where the thing came from of
funding new programs.
Commissioner Regalado: No, no, no. I am... What I am saying...
85 March 10, 1998
Commissioner Plummer: Well, I think that's a thing we have got to discuss. Funding new
programs is roughly about two hundred thousand dollars ($200,000) that we would have had
available for the programs if we didn't go into new programs. Now, you can argue back and
forth, that we ought to keep the ones that we have got that are good programs, and not go to the
new ones. And, you can argue the other way just as loud and just as long. But, you know, when
I sit here and see St. Alban's without funding...
Ms. Frankie Rolle: Mister...
Mr. McKnight: Commissioner Plummer...
Commissioner Plummer: ... I see Centro Mater is going to have to tell 20 kids...
Ms. Rolle: Let me tell him why. Let me tell him why.
Commissioner Plummer: ... that they in fact, I am sorry, we can't handle you this year because
we lost twenty thousand dollars ($20,000) or whatever amount of funding I... I am not Solomon.
Commissioner Regalado: OK.
Commissioner Plummer: I am not Solomon, and I am not Jesse James. I just don't know how.
But, those are the two that I feel very deeply.
Commissioner Regalado: Mr. Chairman.
Ms. Rolle: Mister...
Commissioner Plummer: I am talking about Centro Mater and... And, I am talking about St.
Alban's, and I am talking about 48 which is... I have to look.
Vice Chairman Teele: Little Activity.
Mr. McKnight: Little Havana.
Commissioner Plummer: Little Havana.
Mr. Rolle: I don't know nothing about them.
Commissioner Plummer: Yeah.
Vice Chairman Teele: It's my understanding... We need to clear up the record. Did St. Alban's
apply for funds?
Mr. Cerdan: They did not apply for funds.
Ms. Rolle: Mr. Chair, may I speak on that, please? That's why I mentioned before that the
communication in... within the area need to be held, and we need to talk with our Commissioners
and our staff. St. Alban's is having internal problems, and therefore, they did not apply for a
grant for this year. I talked with the director of the St. Alban's Day Nursery, and I know that
they were having internal problems. They were having board problems and they did not apply.
Commissioner Plummer: Yeah, twenty-eight thousand dollars ($28,000).
Ms. Rolle: Now, as far as the new problem... the new programs are concerned, I have been on
the board for a long time, and when new people come in with their applications, they fuss us out,
86 March 10, 1998
and say, why have us go through all of this paperwork, get all of this paperwork into you, when
you are not going to consider us from Jump Street? So, we tried to tell them, submit your
applications, we will consider them. But, they really fuss us out. There is not need in... for them
to fill out, if you are not going to ever consider new programs.
Vice Chairman Teele: I think we are obliged under federal law to consider every applicant.
And, how a Commissioner feels about it, it's his own prerogative, obviously. Commissioner
Plummer has expressed his views.
Chairman Hernandez: Commissioner Gort.
Commissioner Regalado: No, go ahead.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: I don't know how we are going do it, if we are following what J.L.
said we are going to present to the Commission the different programs that we have problems, or
we are going to come back next meeting with the list worked out with the administration. What
I would say is that, I... For instance, I have visited many times, the Southwest Social Services.
And, yes, the allocation that they have now, is more or less what the City staff and the CD Board
and the Economic Development Committee recommended. But, the problem is that, you know,
a lot of Hispanics are getting older in that area. And, what Christina said before, it's becoming a
major obstacle to serve well, this community. She is having more people at their homes. People
that are disabled, and she is having more clients. So, I would try to raise whatever, not maybe
reaching the request that they make which is the one that they need, but I would ask the
Commission to try to work out a raise in their budget. The other problem that I have...
Commissioner Plummer: Who is it? Which one is he talking in favor? Who is he...
Commissioner Regalado: That is number 55.
Commissioner Plummer: Huh? Yeah.
Commissioner Regalado: The other problem that I have is, again, the Little Havana Activity
Center. The problem... The problem that I have with the Little Havana Activity Center is that
this, this center it could be seen as an organization that gets money in Little Havana. And, then
you will see in paper, that Little Havana gets a lot of money. But, Little Havana Activities
Center, it's an umbrella that serve in West Little Havana, in Allapattah, in Wynwood. As a
matter of fact, it's serving now Claude Pepper Towers in Overtown. So, I am sorry...
Mr. McKnight: Commissioner, that center is in Allapattah.
Commissioner Regalado: Yeah, well, it's in 17th, 18th Street, Northwest. I am sorry. Yeah,
what I am saying is, that we could be misled by areas or by names, and I think that if we reduce a
single penny from the Little Havana Activity Center, we will be starting a domino effect
throughout the City with the activity centers that they operate. And, I wish that we would
consider that, because...
Vice Chairman Teele: May I inquire?
Commissioner Regalado: Sure.
Vice Chairman Teele: The program that we are talking about, as I understand is the medical
screening?
87 March 10, 1998
Mr. McKnight: Yes.
Vice Chairman Teele: And, the medical screening, I thought Congressman Shaw took care of
that, and that was why they had the... that was why there was a salute to Congressman Shaw, that
the medical screening now, is an area that is eligible under the federal funding. And, the
disparity treated against immigrants has been removed based upon the action of Congress.
Commissioner Regalado: Mr. Vice Chairman, I, you know, if that is the case, and I was there
that day. But, apparently, you know, in this country and this City, the poor are getting poorer.
And, all these centers are being flooded. But, if that is the case, and if...
Vice Chairman Teele: Mr. Chairman, I would move that forty-one thousand dollars ($41,000)
be moved from line 67 to line 48.
Chairman Hernandez: Sixty-seven thousand?
Vice Chairman Teele: Forty-one thousand dollars ($41,000) be moved from line 67 to 48, under
the Development Committee recommendation. That addresses your issue...
Commissioner Regalado: Yeah, it does.
Vice Chairman Teele: ... and Commissioner Plummer's issue.
Commissioner Plummer: Yeah, that's, that's one that I was involved in.
Commissioner Regalado: All right, I would ask you, Mr. Vice Chairman to consider raising, not
the whole thing, but in two or three, four thousand dollars ($4,000) more for Southwest Social
Services, because that way they can help some people at home. And, I would...
Commissioner Plummer: Second the motion.
Vice Chairman Teele: Is that five thousand or four thousand?
Commissioner Regalado: Five thousand, sir.
Commissioner Plummer: You said, four.
Commissioner Regalado: No, I said five.
Commissioner Plummer: I'll accept five.
Chairman Hernandez: Before we start piecemealing this, this is what I would like to see, if it's
possible from the Commissioners and Vice Chairman. I would like to approve the City staff
recommendations reserving the right of all of us to modify, further modify these numbers come
March 24th, which is our next Commission meeting, and see what we could come up with, if
any, for that Commission meeting. If, I stated on the record earlier how I stand on this issue, and
again, it's a no win situation for all of us up here. You can start breaking this up in pieces, and
we are already starting to do that. And, I have no problem with the two motions that have been
put on the floor, they are both good organizations. I have worked and seen what they have done
in the past. I would like to see us passing City staff, if possible, City staff's recommendation,
but reserving the rights to modify these numbers and reserving the rights of every and each
Commissioner up here to modify those numbers on March 24th, if it's possible.
88 March 10, 1998
Commissioner Plummer: So, then are we going to modify the first two motions we just made,
prior to?
Vice Chairman Teele: Well, it doesn't matter, because what he is moving... or what he is
requesting to be moved, and I am going defer to the Chairman, is that the City staff
recommendation be the recommendation moving forward.
Commissioner Plummer: But, for the chance of modification on the 24th?
Vice Chairman Teele: How many new activities are funded under the City staff
recommendation?
Unidentified Speaker: None.
Mr. Cerdan: None.
Commissioner Gort: None.
Unidentified Speaker: One.
Mr. Cerdan: One?
Vice Chairman Teele: Well, you know...
Mr. Cerdan: Oh, there is...
Vice Chairman Teele: ... I am going to tell you, I'll do whatever the Chairman wants to do on
this, but I am going to tell you right now, I am not going to be a rubber stamp in two weeks. I
mean, I am going... And, you may not like it, Mr. Chairman, but I am going to spend as much
time as necessary, because we cannot lock in what this City has done for the last five years. I
mean, part of the problem, is what we have done. And, the fact of the matter is, is it's not fair. It
basically tells an entire CD... The recommendations that I have made are recommendations that
are drawn primarily from the CD Advisory Board, our board. Now, these are volunteers. I think
none of them had conflicts of interests. They all voted their conscience, they went out and did
site visits. And, it sends a very, very strong signal. I do not adopt the actions of the CD
Advisory Committee, but I think there is a lot of good recommendations there. They looked at
things, the kicked the tires. They went out, they did visits, and in some cases, you know, our
staff has not had the kind of opportunity to do that. So, I will, at the request of the Chairman,
move that the City recommendations be moved forward.
Commissioner Plummer: Second the motion.
Chairman Hernandez: There is a motion by Vice Chairman Teele, there is a...
Commissioner Plummer: With a clear proviso...
Commissioner Gort: Well, let me ask...
Commissioner Plummer: ... that we have the opportunity on the 24th...
Chairman Hernandez: We are going into discussion now.
Commissioner Plummer: ... if we wish, to make changes.
89 March 10, 1998
Chairman Hernandez: Correct, correct, that's what the motion reads. There is a motion by Vice
Chairman Teele, second...
Vice Chairman Teele: Only to accommodate the Chairman. I mean, I would rather
Commissioner Plummer make the motion, and somebody else second it.
Commissioner Plummer: Hey, if you can't bet, told. I'll make the motion.
Chairman Hernandez: There is a motion by Commissioner Plummer. Is there a second? Is there
a second? What we are doing is, approving City staff recommendations, but reserving the rights
to modify those numbers on March 24th.
Commissioner Plummer: The Chairman is calling collect.
Commissioner Regalado: OK, so the two motions that we already...
Commissioner Gort: It doesn't matter.
Chairman Hernandez: It doesn't matter.
Commissioner Regalado: ... said that we will not be voting on. OK, I'll second the motion.
Commissioner Plummer: OK.
Chairman Hernandez: There is a second by Commissioner Regalado. Let me, Vice Chairman
Teele, let me explain why, one of the reasons. I really want to be given a little more time to look
at these numbers.
Commissioner Plummer: Mariana.
Chairman Hernandez: I commend you, as Commissioner Plummer said, for what you went
through. I...
Commissioner Plummer: What?
Chairman Hernandez: This is something that is a no win situation, and you are right, a lot of the
same people have been getting the money around here, the bulk of the money. Under the
numbers that I have looked at, in our Social Service Programs, my district is taking a 30 percent
cut, overall. I just want to look at the numbers, and I want to make sure that we are being fair.
That's the bottom line. And, I'm... I, this is definitely not an afront at the Economic
Development Committee or the job you did, I want you to know that. I want to reserve
everybody's rights here, to further modify these numbers. Let's look at the numbers and let's
spread the pain as equitably as we can.
Vice Chairman Teele: Mr. Chairman, the only reason that I am going to vote against this, is
because I think what we are going to do is, we are going to start down a slippery slope. Because,
when you do... when you put me in this position, I have to now, not be a City... a Commissioner
of the City of Miami, but a Commissioner for District V. I was not a Commissioner for District
V, when I sat up here as Chairman of this Committee. You know, Overtown is all upset. Little
Haiti is upset. Everybody is upset. And, that should tell you, right away, that I didn't take care
of it. JESCA (James E. Scott Community Association) should be upset, they didn't get the full
amount. They were one of the few organizations that got, you know, almost one hundred
thousand dollars ($100,000) historically, that didn't get it. They went down. Because, I think
we have to open up the door to new organizations. But, coming back around, I am just going to
be just like... I am not going to call names, but some of my colleagues sitting up here.
90 March 10, 1998
Commissioner Plummer: Well...
Vice Chairman Teele: And, it's going to be about my district.
Commissioner Gort: Mister...
Commissioner Plummer: If you look... If you look at those items which I outlined, of my
concern, you can't say that I was of my district. I mean, Centro Mater is not in my district, Little
Havana Activity Center is not in my district. But, I am very, very much aware of the work that
they do. The Boys Club is in my district, and St. Alban's, which may or may not... And, in this
category here, is not funded, is in my district. But, you know... I can't sit here and say that I
fought... fought everything for my district.
Commissioner Gort: Let me see if I can have a friendly amendment, and if you will accept this,
since... I think we all need to sit down and analyze it. What I would like in the future, if
possible, have this process to take care... We have all the numbers, at least two or three days
before we have the meeting, and we need to dedicate the whole day, just for this meeting. I
mean, there is no way that this could be in the regular agenda. Now, I have been here four years
now, looking at these numbers. There has always been large differences between the board and
City staff recommendations. When you look at the Economic Development Committee
recommendation, and the City staff recommendation, there really is not that much of a variance.
So, if we are going to be looking at the numbers, and coming back and do some funds in there
where they can... we can uplift some of the allocations, and still be able to do new programs, I
won't have any problem with it. Mr. Chairman, why don't you change your motions, J.L., to
instead of City staff, let's take the Economic Development Committee and at least we recognize
the work that those people have been doing. The volunteers in the committee. And, then we can
change it on the 24th, if we want to. We all know what the... some of the needs and some of the
programs that we have here. And, it's important that people understand, a lot of the existing
programs have a waiting list of people wanting more service. So, each one of them in existence,
will need more money also. And, I think we need to sit down with... When it comes to the
district level, then we need to sit down with them and help or do the fund raising with the private
sector. I made a commitment to Allapattah, I want to sit with them. I am going to create an
advisory board, and we are going raise money from the private sector. And, I think we, as a
district, that what we need to do. But, we have to very careful, and this is one of the problems
with districts. Be got to look at the City as a whole guys.
Commissioner Plummer: Mr. Gort, the only reason I made the motion or seconded the motion,
whichever I did, was not in any way to be insulting to the Committee who did a very good and
long and audios task. But, I just thought it was the only way to bring it to a conclusion today,
where each one of us would have the opportunity for the next two weeks, to go and try and
study, what it is without making rash and quick decisions that we would be able to do such.
Because, I am going to ask staff, assuming this motion...
Commissioner Gort: I agree with your motion. But, instead of going with the City staff
recommendation, why don't you go with ED (Economic Development) recommendation, which
is very close?
Vice Chairman Teele: Well, the City staff recommendation has been out there longer, and that
maybe a more appropriate one to work off of.
Vice Chairman Teele: The only thing that I respect, Commissioner Gort, is the fact that you,
also...
91 March 10, 1998
Commissioner Plummer: And, I feel closer to the City staff recommendations, that's the reason.
Vice Chairman Teele: ... are saying, you respect the work that the CD (Community
Development) Board has done. That's what I am trying to make sure that we capture, and in that
spirit, I have no objection to working off of the City staff recommendation. As long as we are
working off of it, and not adopting it. Because, I am not going to live very comfortably with a
recommendation that doesn't bring anybody else in. It locks... And, to bring somebody else in,
somebody is going to have to...
Chairman Hernandez: Absolutely.
Vice Chairman Teele: ... go down.
Chairman Hernandez: We...
Commissioner Plummer: Well, I would like to ask staff, assuming this motion passes. Let me
tell you what I want you to bring back to this, Commissioner. I want you to go through these
and analyze these that are here, and come back to me with my recommendation which are
programs to feed the hungry. Programs that address the sick, and programs that put roofs over
their heads. And, the rest of it, will be a balance. And, I'll argue about that. But that's what I
am really looking for. You know, all of these other programs are very, very good. There is no
question about it. But, to me, the meanest man in the world, is a man with an empty stomach. A
person that's sick that can't be taken care of. And, we know what the homeless are.
Commissioner Gort: Let me ask you a question. You talk about the roof over their heads.
Wouldn't that be...?
Commissioner Plummer: The roof over their head, I am talking about where they provide
shelter. The programs where they provide shelter for females and children and families.
Commissioner Gort: OK.
Commissioner Plummer: That kind of roof. I am talking about homeless. We know that we
have got millions of dollars going out to the homeless. And, someday, somebody is going to tell
me why we are doing it, but I don't know why. We spent fifteen million dollars ($15,000,000)
to establish a facility downtown for 350 people.
Chairman Hernandez: Well, let's... We...
Commissioner Plummer: I'll never understand that one.
Vice Chairman Teele: On the motion.
Chairman Hernandez: Vice Chairman Teele...
Vice Chairman Teele: Mister...
Chairman Hernandez: ... before this... Let's... Let's commit, we are going to work off of the
City staff. We are reserving the rights to modify these numbers, and let's make a whole
Commission commit... commitment as a whole to provide those that need it the most. Let's...
regardless of who got it in the past, or who is going to get it in the future. Let's give it to those
people that are the neediest. I understand what you are saying about Little River and Edison.
This is the second time, I go through this, and I have heard their complaint for two years in a
row. They have been shut out. They have been shut out of the system, as well as other people.
92 March 10, 1998
So, let's make a full commitment that we are going to spread this money to those people that
need it the most in this community. The poorest areas of the City of Miami. That's what this is
about. That's where I stand. Regardless, it's your committee, it's City staff, it's the CD board, I
really don't care.
Commissioner Gort: Mister...
Chairman Hernandez: That's where I stand on this issue.
Commissioner Gort: Mr. Chairman, also I think, it's important to some of the agencies that had
certain names, that deals with certain neighborhoods are providing services Citywide. I think it's
important too, if we can get a breakdown of those agencies, where the services are being
provided, it will be important. Because, some of those allocations can be singled out to just one
part of the City, when services are being provided throughout the whole City.
Chairman Hernandez: All right. There is a motion.
Vice Chairman Teele: Mr. Chairman, on...
Chairman Hernandez: We are still under discussion.
Vice Chairman Teele: ... on the motion, on the point of Commissioner Gort. The Citywide
designation is an important designation. But, we shouldn't fool ourselves in Miami when
JESCA says they provide Citywide services, they don't provide Citywide services. They are
providing services Citywide relating to the Black community, primarily. When Little Activities
Nutritional Center says they are providing Citywide services, let's be very clear, they are not
providing Citywide services. They are providing City... services throughout the City for one
group, for a group, an ethnic group. And, it's nothing wrong with JESCA or Little Activities.
But, I am just saying we need to be very careful, that we don't start using that, because that will
become a catch all where everybody will start to fly that banner. On the issue, Commissioner
Plummer has given his view. I respect, Commissioner Plummer's view, but I also believe that
each of us have different views, and we should respect each others views.
Commissioner Plummer: Absolutely.
Vice Chairman Teele: In the Black community, in the Haitian community, unemployment is as
important as any other issue. It's very easy for someone to say, I want to food, feed the hungry
and provide medicine, and housing. But, there is not a African -American grandmother out there,
that would not say, give my grandson a job, and I won't take the food. Because, that's a part of
the way we see things. It may be a different view from some, but it's a very important view,
providing jobs. When you have got areas like Reverend White is talking about, where
unemployment is 18 percent. Eighteen percent and higher. When you have areas throughout the
City of Miami where the employment is five percent, or throughout the County. You know, we
have to look at... We cannot make a one shoe fits all. And, all that I am saying to the City staff
is, employment issues, and issues related to juveniles. The biggest problem that we have for our
children in the high poverty area, is what do we do with our children. Many of these mothers are
working domestic jobs, working jobs... They rely on public transportation. They don't get to get
in their car and go home after work. And, so we have got to look at these communities, not with
a view of how I see it or how you see it. But, how each of the five of us see this. Because, it
isn't a one shoe fits all. It isn't just about food, medicine and shelter. In some communities, that
may be the important issue. But, I dare say, if you take a poll in the Black community, there is
not a mother or a grandmother out there that won't say, give my child a job...
Unidentified Speaker: Uh-huh.
93 March 10, 1998
Vice Chairman Teele: ... or give my child something to do, or help my child learn how to
operate a computer, so that they are computer literate today...
Unidentified Speaker: Uh-huh.
Commissioner Plummer: That's what we are doing.
Vice Chairman Teele: ... as opposed to giving me food.
Unidentified Speaker: That's a fact.
Vice Chairman Teele: Now, I know that may sound funny to some, but that's what we are
talking about.
Unidentified Speaker: That's a fact.
Vice Chairman Teele: We are talking about, are we going to give people jobs or are we going to
get people food? Because, we don't have money to do it all. And, all that I am saying to the
City staff, respectfully, is that when you look at Overtown, when you look at Liberty City, when
you at Little Haiti, please look for job creating activities. Please look for activities that are going
to productively engage our children in the kinds of things that Commissioner Milian is here
about with the "Y" and the afterschool kind of programs. Because, this is a problem. And, in
many of our areas, children don't have anywhere to go. There are no public facilities in the
building, so they go out in the street and they get shot, or they get exposed to drugs or they get
exposed... And, we need things to gainfully employ these children, so that we are not spending
all of our time building prisons. So, there are two clear separate views, Mr. Manager. You
heard what Commissioner Plummer says, I agree with him. I don't disagree with him as it
relates to the areas that he's speaking for. But, the areas that I am speaking for, I have totally
different view.
Commissioner Gort: Mr. Chairman.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Since we are talking to staff on so many things, and Gwendolyn being in
the WAGES (Work and Gains Economic Self-sufficiency) program, you are aware of all the
training, and jobs, I think it is very important. Also, we have to see the existing resources that
we have from other agencies. For example, we established... One of the things I noticed which I
first ran, is the need for afterschool activities. Our Parks Department has money for certain
things, the school system has money for education. And, we established four programs in
Gibson, Comstock, Robert Clemente Park, and those with the school system that combined the
two, and we really used the funds from the school system to establish those programs. Also,
let's try to analyze what are the existing agencies that can coordinate some of the needs in this
community, too. Because, there are other resources there that we can tap to us.
Mr. McKnight: Mr. Chairman, sir. If you adopt the City staff recommendation, then you have
negated the public involvement, which is why the board was setup. So, as to not negate that
which is a HUD (Department of Housing and Urban Development) requirement, why not
looking at adopting the Economic Development Committee recommendation, which correlates
not exactly with the board, but it does not negate the board. And, citizen participation is a must,
said HUD. And, as the Chairperson of the Board, I am asked to sign this application stating that
there were citizen participation. I couldn't so well sleep that night, if I was to sign on the staff
recommendation, because they are not considered citizen participation, according to HUD
94 March 10, 1998
guideline. And, the next thing I would ask you to allow me to say. Is, sir, Commissioner
Regalado, the House did not pass the bill filed by Representative Meek for Miami to exceed the
15 percent cap in social service. However, in Overtown, two weeks ago, we met with an
Assistant Director of HUD, Mr. Brown, and we explained to him that Miami had a special need.
And, that we were asking HUD to use it's power, Mr. Cuomo to use his power and just grant
Miami that...
Commissioner Regalado: Excuse me, the House did pass a resolution...
Mr. McKnight: and feel that the...
Commissioner Regalado: ... that give the power... give the power to certain cities to raise the
cap from 15 to 25 percent. The did that in Los Angeles...
Mr. McKnight: Yes.
Commissioner Regalado: ... and they can do it in Miami, if there is a will.
Mr. McKnight: But, when we asked... But, when I...
Commissioner Regalado: But, the House did pass a resolution.
Mr. McKnight: Yes.
Commissioner Regalado: I have it. A resolution.
Mr. McKnight: Yes, it passed in the House, but it failed in the Senate, said Representative
Meek.
Commissioner Regalado: I am sorry, there is Conference Committee that is dealing on that
issue. Senator Mack and Senator Graham are working on that. However, they still can do it, by
executive decision.
Mr. McKnight: That's what we asked HUD to do, to use an executive order and grant it to
Miami. But, if you want citizen participation that is required, then you need to go with the CD
Board, and we would really be happy. But, because we don't live in a perfect world, and we
attended the Economic Development Committee hearing, and no board members voiced any
objections to it, then we are in agreement that we could support and sign off on, the Economic
Development Committee recommendations. But, we couldn't so well do that for staff, because
after all, if we do it for staff, I don't know about Ms. Quintana here, but I had want to be paid for
the 33 meetings I attended.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I think in fairness, the motion, the understanding is, that we are just going
to work off of that recommendation.
Chairman Hernandez: That's all we are doing.
Mr. McKnight: Don't you need...? [phonetic]
95 March 10, 1998
Vice Chairman Teele: I'm... I can assure you that my first motion will be to... in two weeks to
return to the committee recommendation after more refinements, and the Manager has had an
opportunity to review it.
Chairman Hernandez: Absolutely.
Vice Chairman Teele: So, for the sake of moving forward, I think we need to move forward, and
we are not going to take an action today. Whether it's the Economic Development or the City
staff, the Chairman, the Manager are obviously more convinced to work off of the City staff. So,
I just we ought to call the question and move on.
Chairman Hernandez: The question is being called. There is a motion by Commissioner
Plummer, seconded by Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
Vice Chairman Teele: No.
Chairman Hernandez: Oh, there is a "nay." Vice Chairman Teele.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-248
A MOTION TO APPROVE CITY OF MIAMI STAFF RECOMMENDATIONS IN
CONNECTION WITH 1996-1999 24TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS FOR PUBLIC SERVICES AND SOCIAL
PROGRAMS; FURTHER RESERVING THE RIGHT OF THE COMMISSION TO
MODIFY THE AMOUNTS BEING PROPOSED WHEN THIS ISSUE IS AGAIN
CONSIDERED ON MARCH 24, 1998.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Chairman Hernandez: Item number three, first reading of the ordinance, approving the...
adopting the ordinance establishing for new special revenue funds.
Vice Chairman Teele: Did we finish the other four categories of the...
Chairman Hernandez: No. No, we didn't. I am sorry. I am sorry.
Vice Chairman Teele: Mr. Chairman, I recommend that you allow the hearing on all of the other
categories...
96 March 10, 1998
Chairman Hernandez: Absolutely.
Vice Chairman Teele: as one hearing...
Chairman Hernandez: Absolutely.
Vice Chairman Teele: ... as opposed to have having separate hearings for each one.
Chairman Hernandez: Absolutely.
Ms. Jacqueline Cotarelo-Echagarrua: Can...?
Chairman Hernandez: Mr. Hepburn, we are moving now to the Housing Division, Department
of Community Development.
Ms. Echagarrua: Are you going to go Housing, or can you pick from...
Chairman Hernandez: Housing.
Ms. Echagarrua: So, you are not doing Public Facilities?
Chairman Hernandez: We finished... We finished.
Ms. Echagarrua: Public Facilities.
Chairman Hernandez: Oh, that's after.
Ms. Echagarrua: After.
Chairman Hernandez: We were just going to run right through it.
Commissioner Plummer: We are now on Housing?
Chairman Hernandez: Yes. Sir.
Mr. Roberto Godoy: My name is Robert Godoy, I am an attorney, Executive Director of Model
House Cooperative. I am in page... page six, number twenty-four. Model House Cooperative,
Inc. My address is 782 Northwest LeJeune Road, Suite #3, Miami, Florida. We are a total
organization certified by the City of Miami, non-profit organization. Since, 1988, I have been
providing my services pro bono as an attorney, first to Florida Housing and then to Model House
in 1991. I... We have been working for... giving free services until 1995, when the late Robert
Godoy passed away. That was my father, and I continued doing my work as a pro bono attorney
for Model House Cooperative. The City of Miami and Miami -Dade County staff has been
working with Model House Cooperative in the acquisition and rehabilitation of six family unit
apartments, located at 1262 Northwest 5th Street. Last February, we applied already and we get
Homestead Exemption for those six tenants that now they are owner. Until last year, we are full
funding by the County. And, I agree with Vice Chairman Teele, that the County will not give us
the funding, because we are in the City of Miami. When Vice Chairman Teele was in the
County, in Dade County, they support this program. What our project now is located on Flagler
and 15, 15th Avenue, that we will provide... Well, they tell me here to stop. But, anyway, can I
continue?
Commissioner Regalado: Yeah, sure, go ahead
97 March 10, 1998
Mr. Godoy: We will accommodate large and small low income family, elderly people, first
buyer, and we will have in the first floor of the building, a family business. In that way, we will
have pharmacy there. We will have place where these old people can do the shopping in the
same building.
Commissioner Regalado: OK, the City staff recommended fifty thousand, right?
Mr. Godoy: Fifty thousand. We are requesting... We originally requested ninety-nine. Now,
we would like, if it's possible, I present to each of the Commissioners our budget and we are
requesting seventy... seventy-five thousand dollars ($75,000). We have already over a million
dollars ($1,000,000), a million two hundred sixty-five from the.. from Dade County and from
the City of Miami for the acquisition and the construction of the building. The problem is that
we need that... this money, for administration because we have the money to buy the land. We
have the money to do the construction. But, I have been providing free services to the
community...
Commissioner Regalado: If you get...? If you get seventy-five thousand dollars ($75,000)...
Mr. Godoy: Yes.
Commissioner Regalado: ... could you start construction with that money and the rest of the
funding?
Mr. Godoy: Yes, sir. Because, we have the money from the County and from the City of
Miami, and we will do the closing like I say here, before... no later than July of this year,
because we need to have the money by June. We have the personnel to do the work because this
is a big project that it's going to cost like, close to the two million dollars ($2,000,000) we have
already from Dade County and from the City of Miami, one million two hundred and sixty-five
thousand dollars ($1,265,000). What we need is to have the money to start doing the work. Like
I told before, I have been doing this job since 1988 for free. I have here the people working in
this project that they live in the City, the City of Miami. If I don't have the money, I will be
forced to fire everybody that work in the program, and we cannot continue... We cannot do the
project unless we have the money for the administration. We prove already that we did this
before. We did three different buildings, that we are not asking the Commission to do something
for something new. We already provide these tenants that before they were tenants, now paying
less money, now they are the owner of the places.
Commissioner Regalado: Thank you.
Mr. Godoy: That's why we are requesting from this Commission, if they can recommend the
seventy-five thousand dollars ($75,000).
Chairman Hernandez: Thank you, very much.
Commissioner Regalado: Thank you, very much.
Chairman Hernandez: Thank you, very much.
Mr. Godoy: OK
98 March 10, 1998
----------------------------------------------------------------------------------------------------------------
7. DISCUSS / CONTINUE CONSIDERATION OF CA-19 (MIAMI
TELECOMMUNICATIONS RENEWAL PROPOSAL FOR CABLE
TELEVISION SERVICES) FOR SCHEDULED MEETING OF MARCH 24,
1998.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: For the record, Mr. Clerk. On CA-19, which is the issue on the cable
TCI. That's going to be continued to March 24th.
Commissioner Regalado: I thought that they said that they didn't have until March
24th? Do they have it?
Chairman Hernandez: We need, latest, March 24th.
Commissioner Regalado: OK. OK, no problem. But, Mr. Chairman and Mr. Manager, we
need to be informed...
Chairman Hernandez: Definitely.
Commissioner Regalado: ... of what has been going on, because...
Commissioner Plummer: Ah, nah, nah, nah.
Commissioner Regalado: No, no, no. J.L., we need to be informed. I didn't say... I didn't...
Commissioner Plummer: [Inaudible -- off microphone]
Commissioner Regalado: No, OK. Well, I didn't say that we are going to rubber stamp
whatever the staff brings. I say, that we need to be informed, what are they discussing. Because,
it seems that what they want... what they want is they want to bring the whole process cooked
here, to this table, a new contract, a new deal with TCI, and we need to know. Because, we have
complaints. I have told them already. And, we need to address those complaints and we need to
know if there is another better offer.
Unidentified Speaker: Who is TCI?
Commissioner Regalado: TCI is...
Commissioner Plummer: Yeah, who is TCI?
Commissioner Regalado: One of the firms.
Commissioner Plummer: That's not the company that's now in the City of Miami.
Commissioner Regalado: Well, they are in the process of being bought, but they are still...
Commissioner Plummer: No, no, no, no.
Commissioner Regalado: They are still...
99 March 10, 1998
Commissioner Plummer:
Is it Media One, or is it TCI?
Commissioner Regalado:
My understanding...
Commissioner Plummer:
We have a franchise that expired with TCI...
Commissioner Regalado:
My understanding...
Commissioner Plummer:
... not Media One.
Commissioner Regalado:
Well, my...
Commissioner Plummer:
So, Media One has no negotiation with this City? Am I incorrect, Mr.
Manager?
Mr. Jose Garcia -Pedrosa (City Manager): You are correct.
Commissioner Plummer:
So, we can only deal with TCI, if they exist today. And, I don't know
whether they do or they don't. But, their contract...
Commissioner Regalado:
Well, they do in some other part of the country.
Commissioner Plummer:
No, no, no. But, they are not here.
Commissioner Regalado:
OK.
Commissioner Plummer:
Their contract with this City expired, am I correct, a year ago?
Commissioner Regalado:
Ten years ago, I think.
Commissioner Plummer:
No, a year ago.
Commissioner Regalado:
Well...
Commissioner Plummer:
So, you know, as far as I know...
Commissioner Regalado:
... whatever... You know, J.L., whatever, whatever the administration
does, we need to know. Because, we have... I have a lot of complaints that I want to bring before
the Commission.
Commissioner Plummer:
OK, I don't disagree with that point, OK. I am still wondering what
happened to Channel 35,
34, and 33, which I am paying for.
Commissioner Regalado:
OK, that's a complaint.
Commissioner Plummer:
OK.
Chairman Hernandez: On March 24th...
Commissioner Plummer:
TCI.
Chairman Hernandez: The bottom line, that's CA-19, that they informed, the administration
informed that it must be put on March 24th. So, we make a decision on what have, OK?
100 March 10, 1998
Commissioner Gort: What is TCI... ?
Commissioner Plummer: Look, I'll go along with the 24th. But, by the 24th, Mr. Manager, I
want you to clarify for this Commissioner... I don't know who we are dealing with, OK. TCI as
I am told, have sold out. And, they have sold out, that's... I don't know how you can deal with a
company that's sold out. Just let me know by the 24th.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
8. CONTINUE DISCUSSION AND PUBLIC HEARING -- FOR CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) / HOME
INVESTMENT PARTNERSHIPS (HOME) / EMERGENCY SHELTER
GRANT (ESG) / HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAMS -- SEE LABELS 613, 10, 19.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: OK, Mr. Clerk, two minutes per speaker. All right, ma'am.
Ms. Connie Ray: Good afternoon, Commissioners.
Commissioner Plummer: Well, wait a minute are you, Humberto are you going to cancel the rest
of the meeting?
Chairman Hernandez: We are going to run as much as we can...
Commissioner Plummer: OK, all right.
Ms. Rey: Thank you. Good afternoon.
Commissioner Plummer: Sorry.
Ms. Rey: It's OK. We are from Jubilee Community Development. We are located in the City
of Miami in 2828 Coral Way. Our proposal is on page eight, item 44 and 45. My colleague here
will give a proposal description.
Mr. Doug Mayer: Yes, my name is Doug Mayer. The project... There are two items before you.
The first one is for Jubilee Villas. This is a brand new 30-unit condominium that will be built in
Little Havana. This project would be done in partnership with East Little Havana CDC
(Community Development Corporation). We are asking for the one hundred thousand dollars
($100,000) that was recommended by the Advisory Board, because we plan on going before the
County and the State for additional funding. And, as you are probably are aware, without the
support of the City for this project, we will be unable to get County support and subsequent
support from the State. This project will leverage about nine hundred thousand dollars
($900,000) of additional funds both from the County, the State and the Federal application that
we have coming later this year. It's going to provide first time home buyers with an opportunity
that they didn't have before. We feel that this project will expand the tax base which we know is
an issue of concern here. And, that basically, that without... we are asking for one hundred
thousand dollars ($100,000) which has already been recommended. Without that, we can't go
forward with the project. We can't get the County to kick in. So, we are asking for your support
of that. We also appreciate the staff recommendation for the fifty thousand dollars ($50,000) on
item number 45.
101 March 10, 1998
Chairman Hernandez: Thank you, very much.
Mr. Mayer: Thank you, we appreciate it.
Ms. Marie Wims: Good evening, Commissioners. I am Marie Wims from Town Park Plaza
South and the number is 46. We asked you all for five hundred thousand dollars ($500,000)
because we have problems from the fixing of I-95 over there. And, it deteriorated our property
so bad, until the parks are bad. We have the water now coming up in the house is brown, and
milky looking. And, so... this is not the first time I asked. I have asked everywhere I go. And,
so you all... We asked for five hundred and you all gave us fifty thousand. And, we thank you
for that. We needs help, and thank you.
Unidentified Speaker: Thank you.
Chairman Hernandez: Thank you ma'am.
Mr. Angel Diaz: Good afternoon, Commissioners. My name is Angel Diaz. I am the
Secretary/Director of Rafael Hernandez Housing and Economic Development Corporation.
That's 2902 Northwest 2nd Avenue. That's Wynwood. We are on page five, numbers 11 and
12. We requested two hundred thousand dollars ($200,000). Seventy-five thousand for
administration and one hundred and twenty-five thousand for construction. City staff is
recommending fifty thousand dollars ($50,000) and CD Board, ninety thousand and the
Economic Development Committee, fifty thousand. We prefer to have what we have requested,
but we ask the Commission that at least we can keep the fifty thousand, if it's possible. We
know that there are many applications and the money... you have less money. But, if you can
keep the fifty thousand, we will be, not happy, but we will be satisfied. OK, thank you, very
much.
Ms. Maria Quintana: Good afternoon, Mr. Chairman and Commissioners. My name is Maria
Quintana. I am the Executive Director of the Edgewater Economic Development Corporation,
located at 2697 Biscayne Boulevard, Miami. My item is number three in page four of fifteen.
And, our agency is in the process of initiating construction of our first two units and we are
negotiating to acquire additional lots to continue the housing program in Edgewater. Both the
Citywide Advisory Board and City staff have recommended our agency with the contract
funding of fifty thousand dollars ($50,000). On behalf of our board and staff I thank them for
their recommendation, and I urge you to fund this at the recommended level of 1998-1999 year.
Thank you.
Chairman Hernandez: What number?
Commissioner Regalado: Three.
Ms. Quintana: Number four.
Commissioner Regalado: Three, three.
Ms. Quintana: Three on page four of fifteen.
Chairman Hernandez: Thank you, very much.
Mr. Donald Benjamin: Good afternoon, Mr. Chairman, gentlemen.
Commissioner Plummer: Brother Ben.
102 March 10, 1998
Mr. Benjamin: My name is Donald F. Benjamin. I am Executive Director of St. John
Community Development Corporation in Overtown. Page five, item seventeen. We had asked
for one hundred and twenty thousand, and we got fifty thousand. Thank you, very much.
Commissioner Plummer: Oh, bless you.
Chairman Hernandez: Thank you, very much.
Commissioner Plummer: Good God, he finally learned after all these years.
Ms. Bernice Butler: Good afternoon, Commissioners. I am Bernice Butler, and I am with
DEEDCO. I am here to talk about items 38 and 39 on page eight of fifteen. And, item number
36 on page seven of fifteen. What we have done is, we have requested funding, project funding
for two downtown housing projects. Rok Tower and Miami River Village. I will not go into
extensive detail on those again, because you probably heard it. However, we think they are very
important projects. There has been a lot of talk, an endorsement by the DDA (Downtown
Development Authority) for downtown housing. So, we are certainly putting forth projects that
have been well thought out, and projects that are needed. And, I might add, both projects are
actually in the works. With the Rok Tower, we have received some planning funding from the
City of... I am sorry, from Dade County, and we received funding from the State of Florida,
through their Eastwood How [phonetic] initiative. We requested fifty thousand dollars ($50,000)
to complete paying for our consultant. And, we want to make a big note here, in terms of both
projects. DEEDCO, on all of our projects, we leverage our public dollars, and we seek to do a
three to one leverage. And, that's what we are looking for here. Rok Tower, we are all going to
be putting together a tax free bond financing deal. The funds we are asking for here, are simply
for planning. With the Miami River Village, again, this is an area that has been endorsed by the
City, the Greater Miami Chamber and some other agencies for housing. So, this again, is a
needed project. And, on today, we did submit to Tallahassee an application for tax credits for
this project. So, they are ongoing and we are not asking complete funding. We have been told
by City staff that both projects are eligible for home funding. But, that's eligible. That is fine
with us, that's if we can get a commitment though, for home funding, which is what I thought
Commissioner Teele had asked for this morning. Is to get a list of projects that can get that.
However, of more importance, we can live with the home funding for these projects. But, more
so, importantly are item 36, where we were asking for administrative funding for the housing
development funds. We need that to carry out the projects. And, my recommendation is, that
we look at some other agencies, simply sharing with us, where we might be able to take a little
from other agencies who got administrative funding for development and share that, so that we
can carry out these projects. Thank you.
Commissioner Plummer: DEEDCO, tell me where downtown you are?
Ms. Butler: Ah, we...
Commissioner Plummer: These projects, downtown.
Ms. Butler: The Rok Tower, is on the Rok... the building owned by the Rok's. It's at first and
first. Northeast 1st and 1st with the Frenzy Building. It's a... It's currently a two-story building.
We are... The Rok's are donating air rights to us. We are looking to build about ten...
Commissioner Plummer: Just next to Jesu... (phonetic) Church?
Ms. Butler: Yes, the Miami River Village is... I am sorry. Commissioner Gort...
103 March 10, 1998
Commissioner Regalado: No.
Ms. Butler: It's one eighteen...
Commissioner Plummer: One eighteen what?
Ms. Butler: First. First and...
Commissioner Plummer: First Street?
Commissioner Gort: Northwest First Street.
Ms. Butler: Yes.
Commissioner Regalado: No, no, it's...
Commissioner Plummer: Northwest or Northeast?
Commissioner Regalado: Southeast. Southeast.
Commissioner Plummer: Southeast?
Commissioner Regalado: Yes, it's the Rok Building.
Ms. Butler: Yeah, the Rok Building.
Commissioner Regalado: Yes.
Commissioner Plummer: I am lost.
Ms. Butler: Commissioner Gort can help me out there. I don't have...
Commissioner Gort: The project is not the Rok Building, the project is the building right across,
right next to the discount on 1st and 1st.
Commissioner Regalado: OK, that's what I said. Southeast, Southeast.
Ms. Butler: First and First.
Commissioner Plummer: Is it the old bank building.
Commissioner Regalado: Northeast?
Ms. Butler: No, this is not the old bank building. This is a... like a two-story building. I have
provided you with a picture of it. But, it's at 118 Northeast 1st.
Commissioner Plummer: Jesu... (phonetic) is 118 Northeast 2nd.
Commissioner Gort: It's a block away, behind.
Ms. Butler: And, it just got painted a kind of a mustard color.
Commissioner Plummer: It's got to be the old bank building. Flagler Federal Savings and Loan.
104 March 10, 1998
Unidentified Speaker: That is the building.
Commissioner Plummer: Yeah, they turned it into....
Ms. Butler: Yeah.
Commissioner Plummer: The first floor is retail...
Ms. Butler: Right.
Commissioner Plummer: ... and the second floor is... They tried to give it to us for...
Commissioner Gort: You know your history...
Chairman Hernandez: Thank you, J.L.. Thank you, ma'am. Next.
Ms. Butler: Thank you.
Ms. Jackie Bell: Jackie Bell, Executive Director of New Washington Heights Community
Development Corporation. 1600 Northwest 3rd Avenue. First, let me say, thank you, for the
recommendations for the fifty thousand dollars ($50,000) for administrative fees for the housing
project. We have joint ventured with another group to provide 56 townhouse single-family
ownership homes on Northwest 2nd Avenue, from 6th to 8th Street. We understand that we
were not recommended for the construction financing. But, we have been told that it is a
possibility that maybe this could be from the SHIP funds. First, let me say that I have been in
Overtown for 25 years, October 23, 1997, gave us our 25th year. It had been a many suns that
we have tried to do something that was really constructive for this community. I think this
development can make a difference. It can make a difference because not only do we want to
look at homeowenrship, but we want to begin in that development in creating some new
businesses. And, I do thank you. And, I will shut up.
Chairman Hernandez: Next.
Ms. Georgia Miller: Good evening, my name is Georgia Miller. I am Vice President of the
Board of Directors for Town Park Plaza North. I am here. We were recommended for fifty
thousand dollars ($50,000) by the board. I am very grateful for that. We put in a request for one
point five million, because Town Park Plaza North has been here for 25 years. I have been there
25 years. They have never... We have never received CDBG (Community Development Block
Grant) for the upkeep of it, for the renovations of it. We are asking, we would like to have more
money. We appreciate what we are getting, that we have been recommended for. But, the place
need it, it's very rundown, and we need... We would like to see if the board could be able to find
it's way, and will be able to try to let us get a little more funds in order to be able to do this. The
units, we have 169 units. The place, as I say, has been there for 25 years. There are a lot of
things that need to be done for it. And, we just wish there were a little more money that would
be able to come our way. Thank you.
Vice Chairman Teele: All right. Thank you, ma'am.
Unidentified Speaker: Mr. Commissioner.
Ms. Anita Rodriguez-Tejera: Do we still have a quorum?
Vice Chairman Teele: The Chairman is standing right here, looking at us.
105 March 10, 1998
Ms. Rodriguez-Tejera: Good afternoon. My name is Anita Rodriguez-Tejera. I am the
Executive Director for East Little Havana CDC (Community Development Corporation). And, I
would like to address the Commissioners and the Chairman. We have various projects that we
have submitted for funding. We are items nine and ten. But, we are also items 54, 55, 56 and
57, under the...
Vice Chairman Teele: In Housing?
Ms. Rodriguez-Tejera: In Housing. When the application time lines were extended, we
resubmitted all of our projects under the new priorities established by the Commission for
projects that generated increased tax revenues for the City or reduced the operating cost of the
City. So, we submitted various projects for Housing, including the administrative costs to
undertake these projects. Basically, you have that data there, but I would like to stress to you,
the importance of the urgency we have with the operating funds for our organization this year.
We received a fifty-six thousand dollar ($56,000) cut from the County, and one hundred and
fifty thousand dollars ($150,000) that we had been receiving on a multi -year grant from two
foundations, this was the last year. We are short two hundred thousand, besides what we
typically get from the City. Whether the City assists us, through providing it directly for
operating support, or through development fees in one of the various projects we have under
construction right now, either way, at least I can pay staff, and I can keep my constructions... my
projects under construction. And, we don't have the luxury of stopping the projects at the stage
they are." We have the most projects underway than ever before in the history of the
organization. And, I would like to stress that all these projects will generate a tremendous
amount of annual revenue to the City through property taxes. Two more points, since my time is
up, I guess. Is that I would like insist and I have sent correspondence to all of you, that please
look at the number of people under poverty in all of these neighborhoods when allocating the
funds. Also, you are providing technical assistance funding in some of those line items for the
CDC's. If you have CDC's that are at this stage, still need technical assistance, they should not
be getting funded, and instead, those technical assistance monies could go to the CDC's that are
already producing for the City. And, the other thought is, maybe you should allocate the funding
based on the number of units that we are all producing for you as opposed to the flat amounts
that we have seen over the years. And, I'll stop right there. Thank you.
Vice Chairman Teele: Thank you. I think those recommendations are something the City staff
should take very close note of. Thank you.
Ms. Rodriguez-Tejera: Thank you.
Vice Chairman Teele: Reverend White.
Reverend White: Thank you, Mr. Chairman, Commissioners. Reverend White, Chairperson of
the BAME Development Corporation of South Florida. Item 22 on Housing. I would like to
thank the Commission and the staff recommendation for the fifty thousand dollars ($50,000). It
is our hope to break ground May 1, for the 40-single family houses. I would also like the
Commission to consider item 23, for home funds for the elderly project. Thank you, sirs.
Vice Chairman Teele: Did the Chairman open this up to... Is there a quorum?
Ms. Linda Kearson, Esq. (Assistant City Attorney): We don't have a quorum.
Vice Chairman Teele: We have lost a quorum. A point of inquiry, Madam Attorney, when the
Chairman opened up this public hearing, was it for all categories or for just...
Ms. Kearson: It was for all categories, sir.
106 March 10, 1998
Unidentified Speaker: I thought he was going in order
Ms. Kearson: Well, he was going in order.
Vice Chairman Teele: Going in order.
Ms. Kearson: Yeah.
Vice Chairman Teele: All right, we have lost a quorum temporarily. All right, we have a
quorum. The next category is Economic Development Division.
Mr. Donald Benjamin: Mr. Chairman, my name is Donald F. Benjamin, I am the Executive
Director of St. John Community Development Corporation. I am... I noticed that the way the
program if set out, there is going to be a CBO incentive fund established and then later on some
divisions made. But, I want to make the case for Overtown in terms of the establishment of a
business corridor. We have been talking about building a lot of housing in Overtown, and some
of us are proceeding. Reverend White is going to start up. And, we are doing something that we
will start in July, I hope. But, there is going to be a substantial amount of new housing being
built in Overtown and there is not the corresponding convenient stores, retail stores and all that
sort of thing, that needs to be done. And, we have been pushing more and more for the
establishment of a business corridor where we can attract new businesses and create jobs. And,
we hope at some point in time, we can have some discussion and some consideration of that
aspect of Economic Development for Overtown. Thank you.
Vice Chairman Teele: Don, does that mean, you know, there is this concern, and I think, Mr.
McKnight raised it before and I won't get into it. But, the St. John's was proposing to turn
housing into what would be the business corridor. What is that thing, Mr. McKnight? And,
there is a lot of concern. We support what you are saying. The concern is, is that we don't
want...
Mr. Benjamin: Oh.
Vice Chairman Teele: Let's take that up. But, I support what you saying, and I think the real
problem here, is that if you look at what we are doing in Economic Development and in
Housing, we are just funding the CBO's now, and...
Mr. Benjamin: Right, right. But, I...
Vice Chairman Teele: ... it's really unfortunate, because... And, that's where I am really going
to dig in, and it relates to Little Haiti, because we don't need to start that kind of process over
there. We need to start a process... It's doing exactly what you are saying doing, and that is, to
build a business corridor.
Mr. Benjamin: You know, when we proposed this, we talked of redeveloping 2nd Avenue, from
say, 14th Street to 8th Street, and 3rd Avenue, same distance. And, even looking at the
possibilities of developing something across in the Metrorail Station. Overtown Metrorail
Station. So, we have lots of possibilities. And, that other thing, we can also talk about that.
Vice Chairman Teele: Well, at some point, I hope the Manager is going to tell me where we are
on those corridor studies that we requested and we funded, but, we can't get, seem to get, and
we'll try to deal with that in that context.
Mr. Benjamin: Thank you.
107 March 10, 1998
Vice Chairman Teele: Mr. McKnight
Mr. McKnight: Irby McKnight, 880 Northwest 7th Avenue. I am here on ten of fifteen, item
number eighteen. The Overtown NET (Neighborhood Enhancement Team) City of Miami, one
hundred thousand dollars ($100,000) for a micro -loan program to assist businesses in Overtown
and to help establish, reestablish our business corridor. We ask your consideration for these
funds, if you are sincere about the housing that is planned for Overtown, as Mr. Benjamin said.
The necessary commercial structures need to be there in order to attract, just buyers. Thank you.
Vice Chairman Teele: All right. Any other areas there, the... ? Move to Public Facilities.
Ms. Becky Roper-Matkov: Good afternoon. I am Becky Roper-Matkov, Executive Director of
Dade Heritage Trust, Dade County's largest Historic Preservation organization. And, I would
like to speak to item on page 12 of 15, number 48, for the City cemetery lighting and security
fencing. This is a request from the City Parks. And, we have been working with the City of
Miami Parks on a task force to try to improve the dreadful vandalism that has been going on in
this 101 year old cemetery which is an incredibly important historic landmark, but more
important than that, and for your purposes, I think today, is that this security fencing would
address the fact that the City cemetery is a magnet for vandalism, for drug activity and for
criminal activity in the neighborhood.
Vice Chairman Teele: Which number is this?
Commissioner Gort: Forty-eight.
Ms. Roper-Matkov: This is page 12 of 15, number 48, under Public Facilities Improvements for
the City cemetery light and fencing, one hundred and ten thousand. And, we are trying to
develop the City's cemetery as a tourist attraction, as many other cities have, Boston, Key West,
New Orleans. And, we would... The one number issue that has to be addressed there is
improving the security. And, so we very much support the request of the Parks, and we would
really appreciate your consideration of it. Thank you, very much.
Vice Chairman Teele: Thank you. Who would do the work, ma'am?
Commissioner Gort: That's the Parks Department.
Unidentified Speaker: Excuse me, Commissioner Teele said, who would do the work?
Vice Chairman Teele: That Parks and Public Works sort of work that together?
Ms. Roper-Matkov: Yes, it's a request from Al Ruder's office, City Parks, and I guess they go
for competitive bidding.
Vice Chairman Teele: Thank you, so much.
Ms. Roper-Matkov: Thank you.
Vice Chairman Teele: Thank you for taking the time.
Ms. Jacqueline Cotarelo-Echagarrua: Hello, this is the third time I think I come up here. My
name is...
Chairman Hernandez: Ma'am, for the record. I don't want to get you in trouble. Is it OK?
108 March 10, 1998
Ms. Linda Kearson, Esq. (Assistant City Attorney): Yes. The question posed to the Law
Department is whether you, as a member of the Code Enforcement Board.
Ms. Cotarelo-Echagarrua: Exactly.
Ms. Kearson: ... could come before the City Commission? The answer is, yes.
Ms. Cotarelo-Echagarrua: I can?
Ms. Kearson: Yes, you can.
Ms. Cotarelo-Echagarrua: OK, I thought I couldn't, so I was going to say anything about. I was
just here as a citizen.
Chairman Hernandez: That's all right. I asked in the morning, I didn't want to get you in
trouble.
Ms. Cotarelo-Echagarrua: OK, thank you.
Ms. Kearson: Well, yeah. But, you are not here as a Code Enforcement Board...
Ms. Cotarelo-Echagarrua: No, no, no.
Ms. Kearson: ... representative, you are here as a citizen.
Ms. Cotarelo-Echagarrua: Exactly.
Ms. Kearson: OK.
Ms. Cotarelo-Echagarrua: OK, my name is Jacqueline Cotarelo-Echagarrua, and I reside at 1815
Southwest 16th Street. I am here in support of an application made by the Coral Way NET
(Neighborhood Enhancement Team) Office for a CDBG (Community Development Block
Grant) fund for a permanent office. I... I will not do them justice by speaking here, but I am
going to go ahead and try. These people have done an incredible job in this community. They
have brought City services to the level of the ordinary citizen. They are accessible. They are in
the heart of the communities that they serve. They have brought Code Enforcement, they have
brought Zoning, they have brought many things, you know, to the awareness of a lot of
individuals living here. The presence of the Police Department has also lowered the crime in
and around the park. Unfortunately, this park has a lot of problems with gang activity, drug
sales. Their presence there has lowered that, and they have always... They have also worked
hand in hand. They've become aware when a problem arises, and they are there to deal with it.
They have developed a partnership with the community, providing community service such as
graffiti paint outs. They are involved all along the way. Right now, there is renovations
happening in the park, and from day one, we have counted with the NET to be there. We are...
It's almost like family. This is... We want to go ahead and develop a community plaza with the
NET being part of that. And, we were counting with this funding, because they cannot, under
the Safe Parks Bond Issue, we cannot use that money to build a NET Office there.
Vice Chairman Teele: All right.
Ms. Cotarelo-Echagarrua: All I can tell you is, that this serves many communities. It serves
Commissioner Plummer, Commissioner Regalado and Commissioner Hernandez district. We
109 March 10, 1998
hope that you find it somewhere that we can go ahead and use it for the NET. This is the sole
reason. I am here for the NET Office, we want to keep them there. If they leave, all the work
that a lot of neighbors have done, is going to go backwards. So, with all that in mind, please.
Thank you.
Chairman Hernandez: Thank you.
Vice Chairman Teele: Mr. Chairman, ma'am. Let me particularly thank you. I think the thing
that the County... the City does, really do ourselves a disservice. Is that we really don't fight for
our own facilities enough. And, other than the union that is going to come down and fight for
another ten thousand or fifty thousand dollars ($50,000) for something. I mean, we really do
need to hear from the public to advocate and help us to do what we should do for the City,
because we only hear from the citizens who have, you know, and most of them quite frankly, are
out here working hard, trying to serve the community as well. But, we need to balance, and we
need to hear. So, thank you.
Ms. Cotarelo-Echagarrua: Commissioner Teele, I mean, you have a wonderful NET office there,
and I invite you to go visit us anytime.
Vice Chairman Teele: Yes.
Ms. Cotarelo-Echagarrua: They are doing something real good. Keep us there, please. Keep
them there.
Ms. Florenlifcut Nichols: Good evening. My name is Florenlifcut Nichols. I am representing
the Inner City Children Touring Dance Company, Page 11 of 15, Number 27. Commissioner
Hernandez, Vice Chair, Mr. Teele, Mr. Gort. I represent a cultural organization that has a 25
year history of providing cultural programs to children in the area. I am very pleased to boast
that we have had no drugs, no pregnancies, no expulsions and no arrests. If they stay with me,
they do not get in trouble. We requested seventy-seven thousand for renovation and
reconfiguration of our dance studio. We... We were recommended for fifty thousand dollars from
the Community Development Board, and we thank them very much for that. We have never
received funding in the past and we hope that you will please consider the CD Board's
recommendation. Thank you, very much. Hello, Mr. Manager.
Mr. Garcia -Pedrosa: How are you?
Ms. Nichols: Fine thank you.
Mr. Laurinus Pierre: Good afternoon, I am Dr. Larry Pierre, Director of the Center for Haitian
Studies. For the records, I am on Page 11 of 15, Number two and three. Number two, there is a
typo here I wish to bring to your attention. There is a current allocation for one hundred and
ninety-four thousand. We do not have such allocation, and if we do, I wouldn't be here to speak
to... on behalf of this item. So, item three, that's the City's request from the Center for Haitian
Studies to complete purchase of its building and to renovate the building. The Advisory, Citizen
Advisory Board has been to the center, so I don't have much to add, except that we do need this
money in order to renovate the facilities so we can move in as soon as possible. So, if you have
any questions?
Vice Chairman Teele: Is that number two or number...?
Mr. Pierre: Number two. The 194, current allocation is a typo. We do not have such allocation
from the City.
110 March 10, 1998
Vice Chairman Teele: What's the total cost of the facility?
Commissioner Plummer: This is Public Facilities?
Chairman Hernandez: Public.
Mr. Pierre: What's that?
Vice Chairman Teele: What's the total cost?
Mr. Pierre: Two hundred and sixty-eight thousand.
Vice Chairman Teele: And, you have money for the rest of it?
Mr. Pierre: We already paid half of it. We gave about half of it, already. We paid one hundred
and twenty-five thousand dollars ($125,000) down. The building.
Vice Chairman Teele: Thank you. Thank you.
Mr. Pierre: OK, if you don't have any questions. Item two. You are looking, Commissioner
Plummer...
Commissioner Plummer: No, I see it here, sir. Yes.
Mr. Pierre: Two and three. But, two is a typo, that's the one I fix, and it's item two.
Mr. Garcia -Pedrosa: So, what should it be?
Mr. Pierre: What I mean is, on item two.
Mr. Garcia -Pedrosa: Well, what should it be?
Mr. Pierre: Zero.
Mr. Garcia -Pedrosa: You are not getting anything?
Mr. Pierre: We don't have any current allocation. If we do, then I need to know about it.
Commissioner Plummer: Well, item two on mine shows no allocation by City staff, and none by
the committee.
Vice Chairman Teele: No, he's saying under the current allocation, that it's showing that he
received one hundred and ninety-four thousand.
Commissioner Plummer: That... Oh, that's what you got last year.
Mr. Pierre: No.
Vice Chairman Teele: No. And, he's saying he got none. And, if he did get it, please give him
the paperwork so he can fill it out.
Mr. Pierre: And, then, I can purchase the building. I don't know... You know, I know...
Commissioner Plummer: It must be a blank check.
ill March 10, 1998
Mr. Pierre: Well, you know, last year I brought to your attention that there are agencies, that
were groups buying buildings every year.
Commissioner Plummer: They sent the check...
Mr. Pierre: So, we are not in this business.
Commissioner Plummer: They sent...
Mr. Pierre: That's the first time by the way.
Commissioner Plummer: They sent the check, they didn't sign it. They wanted to remain
anonymous
Mr. Pierre: All right, OK. OK, thank you.
Commissioner Plummer: Mr. Chairman, I apologize for having to be absent from the meeting
for five minutes, but I had to make a very important phone call, and at such time as it is
available, I have to... would like to go back on one item in the Housing area, when it's available.
Chairman Hernandez: OK.
Commissioner Plummer: And, I do apologize to the people that I had to be absent for five or ten
minutes.
Chairman Hernandez: We are almost finished with Public Facilities, and then we will go back to
that one item.
Commissioner Plummer: That'll be fine, sir.
Chairman Hernandez: Irby.
Mr. McKnight: Thank you. Irby McKnight, 880 Northwest 7th Avenue. I am here on Page 12
of 15, for Item Number 57, Miami Community Police Benevolent Association, in reference to
restoring the old Police Precinct at 490 Northwest 11th Street, in Overtown as a museum,
documenting the history of Black Law Enforcement Officers in the City of Miami. The board
recommended one hundred and seventy-four thousand six hundred and ninety-nine dollars
($174,699) for this project. It is a very vital project to the revitalization of Overtown. The one I
am here on, on Page 12 of 15, is Number 48. The Parks Department came before the
Community Development Block Grant Board, and explained to us wholeheartedly something
that we who live in the area already know. The cemetery is being vandalized all the time. There
is no rest for the dead. We ask that you support the CD board recommendation of one hundred
and ten thousand dollars ($110,000) so that that cemetery can be fenced in, lit and properly
secured, and then the dead can rest in peace. Thank you.
Commissioner Plummer: Which cemetery are you talking about?
Mr. McKnight: This is the Miami Cemetery on Northeast 2nd Avenue.
Commissioner Plummer: And, that's... What number?
Mr. McKnight: It's number 48. It's on...
112 March 10, 1998
Commissioner Plummer: OK. You know, Irby, I am going to tell you. The last time I brought
up about fencing and lighting for the City cemetery, they laughed me out of these chambers.
Why worry about the dead? Let me tell you...
Mr. McKnight: They are voting now, you need to worry about them.
Commissioner Plummer: Well, you know, I guess, I get all the phone calls because of the
business I am in.
Mr. McKnight: Yeah.
Commissioner Plummer: And, that's logical. I mean, very, very logical that I should get the
phone calls. But, I have got to tell you something. I went down there two or three times in the
last month. Mr. Manager, the guy doesn't have a machine to cut the grass. He doesn't have
machinery for anything. He had a weed eater that was broken. And, yet, we look at him, and
say to that gentleman, sir, why don't you... this cemetery kept in better condition than it is?
Show me a way a nation handles its dead, and I'll measure the degree of integrity of the nation.
Sir, I beg you to go down and look where the pioneers and the forefathers of this community,
and very few people realize that that was the first integrated cemetery. That's where Father
Gibson is. Father Gibson is in that cemetery. And, it just begs out. They have things that are
there, trees that have been blown over by Andrew that are still uprooted in that cemetery. I want
to tell you the City is guilty, and let me tell you why? I am not going to press the issue. In the
State of Florida, the sale of every cemetery lot, 15 percent is to be kept in reserve for
maintenance. We never did, and we have no reserve for maintenance. Mr. Manager, it's a
disgrace. I would hope, whether it comes from this allocation or a special work project, that we
respect the dead of this community, the pioneers, the ones who started this community. You
have the Burdines, you have the Tuttles, you have the Gibsons, you have all. I would hope, that
we would show that we measure our nation by how we respect the dead.
Mr. McKnight: I thank you, sir. And, please show the same kind of leadership with the Miami
Police Benevolent Association.
Commissioner Plummer: They are still alive.
Mr. McKnight: Not all of them, sir.
Mr. Adrean Lans: Good evening.
113 March 10, 1998
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9. ISSUE CONDOLENCES TO FAMILY AND FRIENDS OF WALTER PIERCE
WHO RECENTLY PASSED AWAY AND PREPARE PROCLAMATION
WITH ALL FIVE COMMISSIONERS SIGNATURES AVAILABLE.
Commissioner Plummer: Mr. Chairman, if I would? And, I think the TV is rolling, and I guess I
was reminded. This City lost a very dear friend, and I would like to put it on the record. Most of
us, very, very well remember a gentleman who served this City well, Mr. Walter Pierce. Mr.
Walter Pierce passed away on Saturday of last week. Yes, yes. He had had problems. I
understand that he had had a quadruple bypass, and that they found him dead at home on
Saturday and just for those who were like me, yesterday, couldn't find out anything about the
funeral, I'll do it through the medium, if I may here, to let the people know that there will be
calling hours from four to nine on Friday, at Poitier Funeral Home on 62nd Street. The funeral
will be on Saturday at one o'clock, at the New Shiloh Missionary Baptist Church at 1350
Northwest 95th Street, and the burial will be immediately thereafter in Dade Memorial Park.
Many of... as you know, Walter left the City and went to work for the County, but he was
always... His heart was in this City of Miami, and we have lost a very, very good friend. So,
Mr. Chairman, I don't... when they were talking cemetery, which reminded me, I wanted to get
this information out. Thank you.
Vice Chairman Teele: Mr. Chairman. Commissioner Plummer, thank you very much, also for
bringing that. This morning when I cam in, I was so distraught about the fact, because I wanted
to ask the Chairman to do a proclamation of mourning, that I was told that there could be no
proclamation for Mr. Pierce. And, it was in that spirit, that I really didn't want to hear a whole
lot of he said, she said, because, I just think the City must function. I would specifically ask that
a proclamation be prepared, a mourning proclamation, and all five signatures be made
available...
Commissioner Plummer: Second the motion.
Vice Chairman Teele: ... for that. And, this man served as an Assistant Manager. He served in
a very difficult time, and yet, a very important period of the growth of the City, where he really
coordinated the Building and Zoning, and much of what you see on Brickell, and much of what
you see downtown, was done while Walter Pierce served in the Building and Zoning and
Planning function. So, I only commend you Commissioner Plummer, again, and ask that the
Chairman, please be diligent in making available to us, the opportunity to mourn his great work.
Commissioner Plummer: Well, and I think, Mr. Manager, it will be appropriate as it always has
been in the past for a man who has served his City well, that we provide motorcycle escorts at no
charge for the funeral, even though it's not in the City. I think it's the least we can do for a
person who served us, in serving him in his last day. And, I would ask that that be taken care of,
it can be.
114 March 10, 1998
----------------------------------------------------------------------------------------------------------------
10. (A)CONTINUE DISCUSSION AND PUBLIC HEARING -- FOR CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) / HOME
INVESTMENT PARTNERSHIPS (HOME) / EMERGENCY SHELTER
GRANT (ESG) / HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) PROGRAMS
(B)APPROVE WITH SOME MODIFICATIONS STAFF
RECOMMENDATIONS FOR 1998-1999 24TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS -- FOR HOUSING /
ECONOMIC DEVELOPMENT/ PUBLIC FACILTIES IMPROVEMENTS /
GRANT ADMINISTRATION / HOME INVESTMENT PARTNERSHIP
PROGRAM / HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAMS -- FURTHER RESERVING RIGHT TO MODIFY
ALLOCATIONS DURING SCHEDULED MEETING OF MARCH 24,
1998 -- SEE LABEL 6B, 8, 19.
(C)AUTHORIZE REQUESTING AN EXTENSION FROM USHUD -- FOR
SUBMITTAL OF PROPOSED CONSOLIDATED PLAN FOR 1998-1999
FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
(D)CONTINUE CONSIDERATION OF AGENDA ITEM 2 (PROPOSED
CONSOLIDATION PLAN FOR CITY'S COMMUNITY DEVELOPMENT
BLOCK GRANT /HOME INVESTMENT PARTNERSHIP PROGRAM /
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAMS / EMERGENCY SHELTER GRANT) TO SCHEDULED
MEETING OF MARCH 19, 1998 AT NOON.
(E) PROPOSED FIRST READING ORDINANCE: ESTABLISH FOUR
REVENUE FUNDS: COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) / HOME INVESTMENT PARTNERSHIPS (HOME) /
EMERGENCY SHELTER GRANT (ESG) / HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) -- FURTHER APPROPRIATE
$3,000,000. FROM COMMUNITY DEVELOPMENT PROGRAM INCOME
AND $200,00 FROM ESTIMATED HOME PROGRAM INCOME -- FOR
TOTAL APPROPRIATION OF $28,608,000.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Sir.
Mr. Adrean Lans: Yes. Good afternoon Honorable Mayor and members of the City
Commission, City Manager. I have a concern with Item 56. It has two stars next to it, do not
meet City Commission requirement. And, the Economic Development Committee
recommending seven thousand five hundred for that project. I would like to know which project
is that, and who is... who is operating that project for the record as well..
Chairman Hernandez: That's 56 on Public Facilities?
Mr. Lans: Yes, sir. Page 12, 15.
Chairman Hernandez: Twelve of fifteen.
Mr. Lans: Yes, sir. As well as, Item 33, Number 33...
Chairman Hernandez: OK.
115 March 10, 1998
Mr. Lans: ... I represent, which I requested several years ago, and this is a copy of the request, to
request the use of that facility. And, Cuevene.... Cuevenas, (phonetic) the Assistant City
Attorney, respond with me with a letter. And, as of yet, I have not got a... not a response, and I
will like to go public, and I want to know, who the property belongs to? Is it City property, or
someone property? And, what's the deed process on it, and how can we go about in acquiring it
to provide a needed project that I have been before this Commission on numerous times trying to
get this project going? And, I would appreciate every consideration. I would like this
Commission, the City Manager, to get back in touch with me, and let me know. I get in touch
with you find out where we at in the process, because I don't want to be left out in this process.
And, I am only being fair and I think that we have a few people that making recommendations,
and they've been on the board a long time, and you know I have a project I been working on for
many years, and I have not seen the support that I think is needed and this is a project that I think
is vital and is needed in the community. And, I would ask for this Commission to reconsider the
decision, and look at my project, look at the proposal I have submitted and please give it some
consideration. And, I would like this Commission to get back to me on that. And, I appreciate
it.
Vice Chairman Teele: Mr. Chairman, the answer to the first part of his question, regarding Item
Number...
Mr. Lans: Fifty-six.
Vice Chairman Teele: ... 56, is the City Parks Department, in conjunction with Mt. Zion which
was asked to review a site and they rejected that site, and came up with an alternative. So, that's
the answer to that question.
Mr. Lans: Yes, sir. Thank you, very much. And, number 33, to renovate the old Dorsey Library
building. I understand... it is City owned property or who the property belongs to? I understand
it is City owned, from my research. And, I would like to know, and I would like to leave here
knowing, that I would get a response back from this Commission, this entire board, knowing that
who the property belongs to, and my request, I submitted years back, in '91, '92, '93, '94, '95,
'96, '97, '98, I am still here. And, I want you to please give me a chance. Give me an
opportunity. I am knocking.
Unidentified Speaker: You mean, Item Number 42?
Mr. Lans: Number 33, sir.
Vice Chairman Teele: All right, Mr. Chairman, I will make it my business to provide you with a
letter that outlines who owns... That's the Dorsey...
Mr. Lans: Yes, sir.
Vice Chairman Teele: ... Library? And, it's my understanding that it's owned by the City, by
the Asset Division. But, I'll confirm that and provide that to you with a letter.
Mr. Lans: Yes, sir. I would like that confirmed as well as knowing the proposal I have
submitted, and I have here in my hand, and I would like to share with each and every one of you
to review it. The things I have here, the mission and statement here, what I would like to see
accomplished.
Vice Chairman Teele: All right.
116 March 10, 1998
Mr. Lans: And, I would like the support, and I would like you to go into your reserve funds, if
you don't have any, or surplus funds and see how you could help me with this project. And, I
would appreciate every bit of it. Mr. Chairman, Vice Chairman, the Commission and City
Manager.
Vice Chairman Teele: I'll look into it.
Mr. Lans: Thank you, sir.
Commissioner Plummer: Mister... Can I ask a question of the Manager, please?
Chairman Hernandez: Please.
Mr. Lans: Yes.
Commissioner Plummer: Mr. Manager, someone indicated that the Fire Department, the money
for the roofs on the Fire Department has been taken out of Public Facilities? Is that a...
Mr. Jose Cerdan (Assistant City Manager): That's not correct. We allocated last year four
hundred and eighty-three thousand dollars ($483,000) for renovations of fire stations. And...
Commissioner Plummer: What about the roofs, I think that are leaking? Was there money in
here for the roofs of the fire station, and they were taken out? Hey, Shorty. Come make me
whole. Tell me the real story.
Asst. Fire Chief Kemp: OK. Assistant Chief Kemp, Fire -Rescue. In this year's CDBG
(Community Development Block Grant) allocations, we have four hundred and eighty-three
thousand dollars ($483,000), and we are using part of that to do roofs. So, in this year, it has not
been taken out. In the recommendations that you have before you...
Commissioner Plummer: There was no money allocated and then removed?
Asst. Fire Chief Kemp: Not... Not, in the current year, sir.
Commissioner Plummer: No, I am talking about next year, not the current year.
Asst. Fire Chief Kemp: Next year?
Commissioner Plummer: That's what we were talking about.
Asst. Fire Chief Kemp: You have recommendations before you. The staff recommends two
hundred and fifty thousand dollars ($250,000), and we requested five hundred thousand dollars
($500,000).
Commissioner Plummer: And, what was the five hundred for?
Asst. Fire Chief Kemp: It was for...
Commissioner Plummer: Charity starts at home.
Asst. Fire Chief Kemp: Yeah, it's for roofs, air...
Commissioner Plummer: That's what I thought.
117 March 10, 1998
Asst. Fire Chief Kemp: ... air conditioning systems, apparatus bay doors, tile.
Commissioner Plummer: Well, Commissioner Teele was the very one who brought out the fact
that he went into one of them, and it rains inside as well as outside. Now, why would we even
consider taking back money...
Mr. Jose Garcia -Pedrosa (City Manager): It wasn't just roofs?
Commissioner Plummer: Well, that's the way it came to me. What...
Mr. Garcia -Pedrosa: Maybe, the question is, Chief, correct me if I am wrong.
Asst. Fire Chief Kemp: Uh-huh.
Mr. Garcia -Pedrosa: If the question is, have we taken roof money away?
Commissioner Plummer: Well, you took money away. You took... There was in here for five
hundred thousand.
Mr. Garcia -Pedrosa: No, no, the request was five hundred and the funding level was lower than
that.
Commissioner Plummer: OK, I am assuming this matter is coming back before us, also on the
24th?
Mr. Garcia -Pedrosa: Yes.
Commissioner Plummer: OK. I want to see, as Chairman of Public Safety, exactly what the five
hundred was for and what was to be deleted. You know, because, I don't want unhappy firemen.
And, if they are getting wet, they are not going to be happy when they are trying to sleep. Quit
while you are ahead. Thank you, sir. Arthur, that's your fight.
Chairman Hernandez: Eleanor. Eleanor. Ms. Kluger.
Commissioner Plummer: Mr. Chairman, as I look over this program here, and I see what the
Omni area is getting, I think everybody in this community should be aware of this lady, who two
years ago, was the most easy going, placid, without any problems. And, what she has done with
herself in two years, and turned around her area, I want to tell you something. If everybody
fights as hard as she does, I think it's reflective in what is in these allocations here today, and
well deserved.
Mr. Eleanor Kluger: Thank you, very much for those encouraging words. OK. Something
needed to be done, and I seem to be the last stand... standing. So, I am elected from the Omni
area to come here. Today, I would like to talk to you about Number 38, on Page 12.
Commissioners, City Manager, again I am here today as before, to appeal for your sense of
fairness, and to tell you to stop and now regulate the system that for 23 years has neglected the
poorest of its neighborhoods. If there would be an audit of the CDBG funds, for the past 23
years, I am sure you would see that very little funding has gone to the North Downtown. So bad
is the situation, that if I uttered the words, Overtown Park West Omni, many would consider
them curse words. Three-quarters of the acreage in downtown is in blight, and in slum. Many in
these communities want to change their areas name, if only to rid themselves of the stigma that
now goes with it. Eight months ago, the OMNI formed an advisory board of private citizens,
willing to volunteer their time and their expertise to help the City that they still love. Knowing
full well, that they could not quickly change the image of such a vast blighted area, they opted to
118 March 10, 1998
improve the downtown's front doors which they call the gateways. The Mayor at that time,
agreed to get the funding. The board in turn, engaged the neighborhood art schools, who are a
wealth of very talented students. The New World School of Arts and the International School of
Art provided us with at least ten fantastic designs that we can work with to build structures that
in themselves would be tourist attractions, and symbolized the new spirit of our young City. If
you cannot find funding from the Community Development Block Grant's fund for the full
amount, please give us a quarter of the amount so that we may continue to work within our
communities with government, and to make Miami the great City that it should be. Thank you.
Commissioner Regalado: Thank you.
Chairman Hernandez: Helena.
Helena Del Monte: Helena Del Monte, Assistant...
Commissioner Plummer: Excuse me. Can I stop you for one minute?
Ms. Del Monte: Yes.
Commissioner Plummer: I think that one of the things that we have to remember about OMNI,
and one of the problems, and let's lay it on top of the table, is tax abatement. That's one of the
problems that exists. That the money was taken, put into a pool, and a great deal of that money
for whatever was said, and I voted against, went for performing arts. Of the ad valorem taxation
that was raised, what was it, one point six?
Commissioner Gort: One point...
Commissioner Plummer: One point or one point six of the ad valorem tax dollars that is raised
within that area, immediately goes on an annual basis to the performing arts reducing the
obligation which should have been one point six, that went back into that community to upgrade
that community, and it didn't happen. So, I think that when we look at things, we have to know
the full picture. I didn't think it was fair then, I don't think that it was fair now. And, when you
talk about, and the reason I am making this statement, when the County said, that they are not
going to do anything that has the City of Miami's name on it, they sure didn't hesitate to come
into the City of Miami and take one million six of our ad valorem taxation for what more so is a
County project even though it exists in the City. So, I just want that on the record.
Ms. Kluger: I would like to say that the Performing Arts Center itself cannot revitalize the Omni
area. We need the whole neighborhood...
Commissioner Plummer: Oh, absolutely.
Ms. Kluger: You just can't count on one project.
Vice Chairman Teele: Let me just echo what Commissioner Plummer is saying, from a different
perspective. The tax increment district in the Omni raises just under seven hundred thousand
dollars ($700,000) annually. In fact, it has been declining, which is very dangerous.
Commissioner Plummer: That's all we are raising.
Vice Chairman Teele: The problem is, that for whatever reason, the City and the County... The
County would not approve the plan. And, so, even though the district has existed for ten years,
which we could have collected seven hundred thousand dollars ($700,000) a year.
119 March 10, 1998
Unidentified Speaker: It was higher than...
Vice Chairman Teele: It was higher than that at one point. We have literally collected only one
year of the increment. The County, of course, got the rest of it, because we distributed the funds.
So, the problem is, is as Commissioner Plummer has said, the Omni cries out for attention, and
the Omni I think, is one our best hopes for a fair start in reinvigorating our tax base. The project,
the Gucci driven project on a CD float is one of the best projects we can ever do. And, I don't
criticize the project for doing it. The project where we are going to loan, eight, fifteen, fourteen
million dollars ($14,000,000) in the Omni area. The problem that I have is, that nobody can get
access to those funds, but a handful of people. But, that project is one of the best projects, and
Commissioner Plummer brought it up. It's going to be a housing project, and that housing unit
alone, will be valued at about forty to fifty million dollars ($50,000,000), and will greatly
enhance the tax increment district. So, I think, if we can just get through the next two or three
years, we'll be able to provide through the tax increment, a tremendous amount of support to
what the people are doing, and they are working very hard. And, I commend you, Commissioner
Plummer, for really continuing to keep the fire burning to help the Omni area.
Commissioner Plummer: If I could just now find something to go on the Venture Property. That
would tie that whole area together.
Vice Chairman Teele: One of the requests they made for funds is really an appropriate request
before the MPO, Mr. Manager. They need money to help solve the problem of 95 and 3-95, and
you come into the Omni. There is vandals all around. And, of course, it's a CD eligible project.
And, they are asking for CD money. But, that money should come from the MPO, because that
is a federal ramp, that is a federal expressway, and the funds are available. We just have got to
figure how to access them through the County.
Commissioner Regalado: Go ahead.
Ms. Del Monte: Helena Del Monte, Association for Development of the Exceptional, Number
one in Page eleven of fifteen. Again, we are an agency that has been operational for 25 years
offering vocational, on-the-job training and placement to adults with disabilities. I... You must
all be very tired of listening about my kitchen project, because this is the second year that I stand
before this podium asking for these monies.
Commissioner Regalado: Excuse me, how much money you have already for the kitchen?
Ms. Del Monte: Two years ago, I presented a request of one hundred and twenty-five thousand,
and I was given fifty thousand.
Commissioner Regalado: You can use that money.
Ms. Del Monte: With the hopes... Yes. With the hopes that, last year I was going to get the rest
of the monies. Because, with fifty thousand, I cannot build the kitchen. So, unfortunately, last
year, due to all the crisis with the City of Miami, all the dollars with Public Facilities and
Improvement went for City programs. So, again, I am here this year, and I want you all to
understand the full scope of this project. We have the full support of Dade County Public School
Systems, with instructors, with culinary arts, to be able to offer on-the-job training and then we
will offer the placement. Not just to adults with disabilities, we are going to start with that
population, but we will have the opportunity in the future to train the homeless, to train those
that will be affected by Welfare Reform. It's endless, all the things that we can do, and all the
services that we can render, if we can build this professional training kitchen.
Commissioner Gort: My understanding is, you have been recommended both by the board and
the Economic Development Committee?
120 March 10, 1998
Ms. Del Monte: Yes, and I am very happy, but if I don't have...
Commissioner Gort: And, Chief Pepine, also, I understand, recommends.
Commissioner Regalado: The only one was the City staff that did not...
Ms. Del Monte: Yeah. And, not only that, but last year, I also was fully recommended by the
ED board.
Chairman Hernandez: OK. Thank you.
Ms. Del Monte: Thank you, very much for your time.
Ms. Maria Quintana: Good evening, my name is Maria Quintana. I am the Executive Director
for the Edgewater Economic Development Corporation. We have been performing Economic
Development activities since July, 1992. Since July, 1994, the City has placed us in an annual
contract of requirement for a minimum number of activities to be completed during the contract
year. We have always exceeded the numbers successfully. Completed tasks in national
objectives and in commercial facades. And, this year is no exception. This year we have
received a recommendation of the Citywide Advisory Board, and the City staff has not made a
recommendation because they always come back to this Commission after May 15th of each
year, to make the final recommendation which is based on our accomplishment. We encourage
the Commission to continue the incentive program for the Edgewater Development Agency. My
item is 99, on Page ten.
Mr. Ernest Martin: I am Ernie Martin. I am the president of the Spring Garden Civic
Association, a 30-year old neighborhood group that operates in the Overtown target area, which
is where Spring Garden is located. We were designated by the City of Miami as a historic
neighborhood, it's fourth neighborhood this year. And, we are the first historic neighborhood on
the Miami River that has been designated in the City of Miami. We had two goals for this year.
One was the historic designation, and the other was to receive a lease from the County for a
small easement on the river, so that our neighborhood could have access to the river, and open it
up as a public park for the residents of the City of Miami and all others. We successfully got
that lease on June 17th, and we are seeking twenty thousand dollars ($20,000), the second
smallest grant application you have in your whole package for a couple of benches, trees, paving
and a fence for the park in order to maintain it for the enjoyment of the public and we thank you
for your consideration.
Vice Chairman Teele: Mr. Martin, let me just ask one thing, if I may? Mr. Martin, is the twenty
thousand dollars ($20,000) going to be matched, or if you...? Is that the sole total cost, or are
you all looking at other sources of funding?
Mr. Martin: We have a lease from the County for a dollar ($1) a year for the property which is
one of the contributions we negotiated. We have a small grant from the County for twenty-eight
hundred dollars ($2,800) which basically covers the cost of the insurance that is required on the
property. Other than that, we have not successfully gotten any other funding. But, we plan to
continue to seek funding for it. Our major goal which we will be talking to you about in the
future, is a much larger park, a much more significant park...
Vice Chairman Teele: I knew it. I knew it.
Mr. Martin: ... that is at confluence of the Wagner Creek and the Miami River which is a six
hundred thousand dollar ($600,000) project that is in the works now with a number of
contributors from the State and the County and so on.
121 March 10, 1998
Mr. Martin: So, we have been working very hard on park acquisitions monies. But...
Vice Chairman Teele: I just want to commend you. I think the Miami River is one of the most
underutilized, underrecognized assets that we have. And, anything that we can do to start putting
people on it, you are to be commended.
Mr. Martin: Thank you.
Mr. Armando Rodriguez: My name is Armando Rodriguez, I am the President of the Edgewater
Economic Development Corporation. I would like to thank the City Advisory Board, and the
staff for recommending Edgewater for Housing and Economic Development. And, I want to
congratulate the Commissioner for moving so fast on this agenda, today. I am impressed. I am
very impressed. I am here, it's two issues [phonetic] on an issue that is on Page 11, Issue 21 and
26. You are going to see that it's a repetition of the same issue that is, it's Northeast 25th Street
improvement project. We have been asking one hundred thousand dollars ($100,000), not for us,
but for Public Works, to do this work on 25th Street and Biscayne Boulevard. This project was
presented and approved by the Commission, it was approved by you for funding in 1996, '97.
The project of facility improvement was stopped in 1997, because of the crisis. Public Works
requested last year, to Community Development that funds would be set aside for this project. It
was never accomplished. Public Works asked a consultant to make a visual inspection of the
street, and because of the condition of this street, it's a block, Public Works is now requesting
the funding to undertake this project in 1998-1999, again. You can see, this is on Page 11, it's
the 21 and the 26. It's one hundred thousand dollars ($100,000) for the improvement of 25th
Street.
Commissioner Plummer: Let me ask a question. Commissioner Teele, yesterday you spoke of a
reserve of a considerable amount of money for sidewalks improvements. Would this project that
he's asking for which is... I read here, the funding that he's asking is sidewalks. Could that not
be included in that amount of money?
Vice Chairman Teele: It would be up to the department to determine the eligibility in terms of
the project itself. But, the way that reserve works is, it's a Public Work reserve for them to do
the work, and one of the concerns that we have, is that we really need to try to work it based on a
backlog.
Commissioner Plummer: Yeah.
Vice Chairman Teele: But, it probably would be eligible, if it's sidewalk, J.L.
Commissioner Plummer: Of need.
Mr. Rodriguez: If Public Works is asking for the money too, then I get the money for Public
Works.
Commissioner Plummer: Well, yeah, but, we are talking about, what Commissioner Teele,
yesterday, was talking at least two million dollars ($2,000,000)...
Mr. Rodriguez: That sounds good.
Commissioner Plummer: ... for sidewalk improvements. And, I do feel that yours, possibly, Mr.
Manager, could be considered, where here, we don't have to allocate it from this as a line item,
but it could be incorporated in the overall project.
122 March 10, 1998
Mr. Rodriguez: That, that sounds good.
Commissioner Plummer: Everything that ends well, is well. So...
Mr. Rodriguez; We are here basically to support what Public Works has been asking for, for
four years. OK. Thank you, very much.
Mr. Charles J. Flowers: Good afternoon. Charles J. Flowers, Chairman of Overtown Advisory
Board. Item Number 40. The Overtown Advisory Board requested seventy-nine thousand, were
recommended for twenty-five by the Citywide Advisory Board, for renovation and upgrading of
our office. The Overtown Advisory Board, as I have stated this morning, are all volunteers. I
look at the Commission up here, you have a nice podium, dais, which we have in Overtown.
You have an office where the citizens can come and discuss their problems with you. We, as a
Overtown Advisory Board do not have those luxuries to have that office. We have an office that
needs to be renovated. Of the seventy-nine thousand, twenty-five have been approved by the
Citywide Board. The City staff approved nothing. And, neither did the Economic Development
Committee approve anything. Please, if you want us to do a job, that you ordained us to do, give
us those funds so that we could do it in ease, and our free time that we are giving. Number 41,
Overtown Advisory Board do approve and do ask the City of Miami to give twenty thousand,
whatever they can, for the Spring Garden Advisory Civic Center Park. I understand that the park
will be maintained by the citizens of Spring Garden and not the City of Miami, where the County
has given the park for one dollar ($1), where the Commission have given the funds for a... for the
insurance. We are asking for this committee, this City Commission to give to the Spring Garden
those funds. And, Number 57, the City of Miami... the Overtown Advisory Board support the
Miami Community Police Benevolent Association. I was one that I think had spearheaded this
some months ago, got before the Commission, and it was approved as a historical building.
Now, they are requesting for funds. At this time... Just a moment.
Chairman Hernandez: Go ahead.
Ms. Diane Jones: Good evening, Commissioners. My name is Diane James. I am a
representative of the Item Number 57, the Miami Community Police Benevolent Association, on
the restoration of the historic building. We were seeking one hundred seventy-four six ninety-
nine for this project. I am requesting that we receive this amount, or at least, if we can't receive
the full amount, at least half or three-quarters for this project. The former Commissioner
Gibson, showed her passion toward this project. I am hoping that we do follow through on this.
Commissioner Plummer did speak that it is a disgrace that we do not acknowledge the dead.
Well, we must acknowledge our former first Black policemen for the City of Miami. I would
find it very unfortunate that we do not support when we have the Lyric Theater going on for...
being supported to restore that. We have the Folklore Village, and it would be really unfortunate
for the first Black precinct of the City of Miami, not to be included in these efforts. So, I do
hope, again, that you do find some support, some monies, for this project. Thank you.
Mr. Flowers: Thank you.
Ms. Bernice Butler: Good evening, again, Commissioners. I am Bernice Butler with DEEDCO.
I am here at this time to address Item Number 25 on Page 11. We had requested...
Commissioner Plummer: You spent the day here.
Ms. Butler: Yes, I have. It's been enjoyable. I requested initially...
Commissioner Plummer: We are going to get you an armored car to go home in.
123 March 10, 1998
Mr. Butler: All right. Requested funding, four hundred thousand for the Northeast 79th Street,
medical clinic. Again, I will not go into detail here. This project is listed under Public Facilities
and Improvements, but it's also, as well, equally as well, an Economic Development project, as
well as a project that is going to eliminate slum and blight. In fact, we have done part of that
already. We have site control of the two parcels on Northeast 79th Street, between Northeast 1st
Avenue and 2nd Avenue. We got funds from the City last year to buy them. However, we were
able to get the owners to donate them. That's because there is so much tax liens, and things like
that. We will put this property back on the tax rolls. We have already demolished the unsafe
structure that was there. We are working with Charles Polly, doing pro bono work for us right
now. We are building 15 to 24,000 square foot medical building. It will also result in a creation
of a minimum of 25 new jobs. Dr. Rudolph Moises who has a clinic about four blocks to the
north, will be closing down that clinic and relocating to this clinic and buying the building. So, it
could result in additional dollars coming. So, again, we are taking elimination of slum and blight
and economic development. And, we would ask the Commission to please reconsider funding of
this project. Thank you.
Mr. Roberto Godoy: Mr. Commissioner, I am here, again. This is Robert Godoy, Executive
Director of Model House in Page 12, Number 37, Model House Cooperative. This time is
regarding my request, one hundred thousand dollars ($100,000), like the same project that I told,
to build two office and thirty-two housing units. I am not going to repeat all the comments that I
did before, only to remind you, the Commissioners, that this building will accommodate large
and small low income families, elderly, first buyers, and will have on the first floor, a small
family business. We have already, like I mentioned before, one million two hundred thousand
dollars ($1,200,000) from Dade County. We were until last year, full funded by the County, but
the County, because this project is in the City of Miami, will not do the full funding and they
request from us that we get assistance from the City of Miami, if we wanted to continue having
assistance from Dade County. That is the reason that I would like that you reconsider our
application for Model House for the building of two offices and thirty-two units. Thank you, Mr.
Commissioners.
Chairman Hernandez: We can move now, Vice Chairman Teele, to Grant Administration, and
no one else has anything to speak of on Public Facilities.
Vice Chairman Teele: Mr. Chairman, the Grant Administration. The only thing that I am very
concerned about is the 108, not being covered in this, and I would ask the Manager again, to
look at this. You know, we... I don't need to go into this, but the 108, it's got to be covered
some type of way.
Chairman Hernandez: We will move on to Home Investment Partnership Program. Home
funds.
Mr. Jeff Hepburn (Assistant Director/Housing): Mr. Chairman, and members of the City
Commission. In terms of the home program, the City of Miami is receiving for this fiscal year,
four point five million dollars ($4,500,000) under the home program. Staff if recommending
allocating funds at this time, only. These funds would be made available through an RFP
(Request For Proposal) during the month of May, early June to both private developers and non-
profit corporations. So, what we are doing today is, basically allocating to five particular
categories. One point one million dollars ($1,100,000) to the Home Multi -Family New
Construction Program; Five hundred thousand dollars ($500,000) to the Multi -Family Rehab.
Program, which we would like to have that moved into the Home Buyers Financing pot to bring
that total to one million dollars ($1,000,000). One point nine million dollars ($1,900,000) to the
CHDO non-profit pot, and four hundred and fifty-two thousand dollars ($452,000) for
administration. We are allowed ten percent for administration.
124 March 10, 1998
Commissioner Plummer: Explain to me, Home eligibility monies? The reason I am asking that,
I had asked the Chairman to go back to the projects of Housing. And, on Page nine, the one that
I saw that has the best potential in my particular group is the Greater Miami Neighborhoods.
You have the availability of potentially 150 to 250 units in that project done in two phases. And,
yet, you made the notation somewhere here, I saw, eligible for HOME... Is that the
terminology... HOME...
Mr. Hepburn: Yeah, the short HOME Program.
Commissioner Plummer: So, explain to me... You turned these people down with no funds at
all, but made the comment that they were eligible for HOME Investment funds.
Mr. Hepburn: Yes.
Commissioner Plummer: Now, I'll be parochial, this is in my district. I don't have a lot of
housing in my particular district. But, explain to me, how they are going to get the monies from
these HOME funds.
Mr. Hepburn: OK. Again, what we are doing today is recommending allocating funds to four
categories. The group... The group, Greater Miami Neighborhoods, and we are talking Item 52,
now, right.
Commissioner Plummer: Item 52...
Mr. Hepburn: Item 52.
Commissioner Plummer: ... under that provision. Yes. sir.
Mr. Hepburn: Right. Greater Miami Neighborhood qualifies as a non-profit, community
housing development corporation. They would submit an application under Item Number four
on Page fourteen of fifteen.
Commissioner Plummer: Page fourteen or fifteen. OK, that's where... OK, fine.
Mr. Hepburn: And, what...
Commissioner Plummer: Now, in this kind of a category, and you know what this company is
dealing with. They have already done one, I understand in another area. OK? What kind of
monies would be available and which category would they qualify for? One, two, three, four or
five?
Mr. Hepburn: They would again, qualify under Item Number four, line Item Number four,
which is the funding for non-profit corporations, which they are.
Commissioner Plummer: OK. I guess my question is, you are saying, in their request under
Page nine. You are saying, no. No funds. OK? Now, if I want to make sure, can I transfer
funds out of item four on Page fourteen, to fund them on Page nine? I don't know. That's the
question I am asking.
Mr. Hepburn: Commissioner, this year, that's a problem. And, the reason that's a problem is,
back on... back in January, the Commission approved one point one million dollars ($1,100,000)
to a project that Greater Miami Neighborhoods and a group called Affordable Neighborhoods
submitted a tax credit application for...
125 March 10, 1998
Commissioner Plummer: Correct.
Mr. Hepburn: ... on yesterday, or today. The City can only commit, and there is federal
regulations on this, only commit, precommit up to 25 percent of its allocation. And, that's what
occurred back in January. So, we have to wait until basically, June 1st when the funds are
available to make the additional dollars under HOME available. Because, we have already
precommit that 25 percent. But, that was subject...
Commissioner Plummer: And, what kind of funds would they be available for on June the 1st?
That's around the corner.
Mr. Hepburn: The same group?
Commissioner Plummer: Yeah.
Mr. Hepburn: Brick and mortar dollars or construction dollars or project financing, again, under
Item Number four. Because, actually, Item Number one we have already committed those
dollars to one particular project already. Unless, they do not get tax credits, those funds will be
gone, are gone.
Commissioner Plummer: OK, then I guess... I guess, my final question is, is the Number four
item totally uncommitted?
Mr. Hepburn: That's correct.
Commissioner Plummer: OK. So, how do I go, and what way do I proceed, you can tell me
tomorrow, to fight like crazy to get this project done?
Mr. Hepburn: Tell you, tomorrow.
Commissioner Plummer: You'll tell me, tomorrow. Bless you, son.
Vice Chairman Teele: You know, it's real funny, but I am going to tell you something. I see
why Miller Dawkins acted the way he did up here. Because, I am going to tell you, you guys
have no problem moving around one point three million, one point seven million. And, you
know, I am damn sick and tired of it, J.L. It's just not right.
Commissioner Plummer: It's not going to be moved.
Vice Chairman Teele: Well, but it is not right. You know, it's not right. And, I am going to tell
you right now. I am going to draw the line in the sand. In Little Haiti, we are going to have a
reserve of funds that are going to be designed to help people who want to build businesses. The
community has been locked out, you all can move around one million three, twelve million,
eighteen million...
Commissioner Plummer: Sir.
Vice Chairman Teele: You know, and I know how this game works.
Commissioner Plummer: Sir.
Vice Chairman Teele: And, J.L., no, sir.
Commissioner Plummer: I'll second your motion. Remember, that Little Haiti is a part of my
district as well as it is a part of yours.
126 March 10, 1998
Vice Chairman Teele: But, it's not about whose district it is, J.L., it's about what's doing right,
and giving everybody a chance. You all go right back, you lock everybody out of the process in
public service. Not one new application is being considered. You know, now you are telling me
about somebody who got one million and a half last year, how can you get another million three
to them, this year. You know, Jesus Christ.
Commissioner Plummer: He's not here.
Vice Chairman Teele: How far do we go, on this stuff? And, I mean, you know, J.L., the City
doesn't have money. We got all these people out here who have legitimate projects, but
somewhere along the line, this thing has got to get opened up, and the people that are at the
trough are going to have to move on to the next trough, and let somebody else come get to this
trough
Commissioner Plummer: And, I hear you.
Vice Chairman Teele: Because, I wasn't here a year ago, or 28 years ago. But, I am damn sure
here now, and the people that I am representing are going to be heard. Now, I am going to be
very honest about this, because I can see the way the Manager and this whole process is
beginning to work, with the Manager saying move my recommendation, you know, the
Chairman wanting to go that way. And, I am just not going to be... sit up here, and I mean, if I
have to become disruptive or do whatever I got to do, I am not going to go along with it. This
process has got to get opened up so that people who have not been in this process are given a
chance. And, I am going to draw the stake in the ground, as it relates to Little Haiti and the
Little River area. We are not going to start creating a bunch of, of, of, poverty pimps. When
you look at the economic development that we are funding... You know, with all due respect to
all CDC's (Community Development Corporation), no businesses are getting money. You know
why? Because the businesses get the money on the off side. On the off book stuff. You know,
and all the people who... the Parrot Jungles, the, the... project, the fifty million dollar
($50,000,0000) project in Omni, those are all book projects. How much did we just move for
Tower Theater? How much money have we moved for Tower Theater? I sat here, I voted, yes.
Mr. Garcia -Pedrosa: Three million dollars ($3,000,000).
Vice Chairman Teele: Three million dollars ($3,000,000). All this is off book, you know. And,
then, I'm supposed to sit up here and go along with this bull. This is not right. Now, you call
can play the game if you want to. But, I am going to tell you right now, we are not going to lock
everybody out. Somebody is going to get in that wasn't in before. And, it doesn't have to be
anybody I know. But, it's going to have to be some people getting in. And, as it relates to Little
Haiti, I want to be very clear, so all the CDC's don't go running to Little Haiti. We are going to
find businesses that want to grow and expand. We are not going to do the Haitian community
what Miami did to the Black community, and turned everybody into pimps and beggars, and
people asking every time you look around for some money. When have we ever given one
Black business money to expand? We can't do it, we have got regulations. We can't do it. But,
yet, everybody wants to jump on me about Parrot Jungle. How much money are we trying to
give to Parrot Jungle? What's the 108 for Parrot Jungle?
Commissioner Plummer: Twenty-five million.
Vice Chairman Teele: Twenty-five million. It's not right. It's just not right.
Commissioner Plummer: Well, but also, let's remember. And, I am not arguing with you.
127 March 10, 1998
Vice Chairman Teele: It's not right, J.L.
Commissioner Plummer: But, remember, Parrot Jungle is a loan. That's pay back. Yes, it's low
interest, but it's a loan. These are grants, and...
Vice Chairman Teele: J.L., I don't have a problem with it.
Commissioner Plummer: ... neither do I.
Vice Chairman Teele: What Blacks....? You name me one Black organization in this town that
is getting money...
Commissioner Plummer: In this allocation?
Vice Chairman Teele: ... on a loan basis?
Commissioner Plummer: On this allocation?
Vice Chairman Teele: For the last 24 years. This is how many years are we into this?
Chairman Hernandez: Twenty -tour.
Commissioner Plummer: Well, I... Excuse me. You know, I'll... Well, I can't talk to you
privately, so I have got to you publicly. Mr. Teele, I have sat here for years, all right. And, I
have got to tell you, I had great faith in the Little Haiti Marketplace. And, we...
Vice Chairman Teele: That was not a Black owned business. That was a government project.
Commissioner Plummer: It was a Haitian owned. It was a Haitian owned.
Vice Chairman Teele: It was done by a list. It was done by, Maurice Ferrer, whom I love,
whom I will vote for, tomorrow to be Mayor. I don't have any problems with Maurice. But, this
was not a for profit business. And, we have got to start helping the Black businesses and the
other communities, because we are helping the Hispanic and the White businesses for profit.
Commissioner Plummer: Bring 'em to the table, and I'll vote for 'em, OK? Bring 'em to the
table.
Vice Chairman Teele: It's just not right. I can see, and I am not going to sit up here and rubber
stamp ensuring that black people remain poor. And, ensuring that Black people remain outside
of the for profit business realm. That's not what I am about. I have never been about that. I
didn't just get this way. I was the President of the National Business League, founded in 1900
by Booker T. Washington. I have spent my whole adult life in the private sector, advocating for
Black owned businesses. For businesses to be a part of the mainstream of this country. And,
Miami is the only City in America, where Blacks are not a part of the mainstream. We don't
have one Black owned savings and loan. Not one Black owned insurance company. Not... We
don't even have a Black owned Kentucky Fried Chicken in this whole town. I mean, now when
are we going to wake up and understand, that the CD process has not worked for 24 years in the
Black community. And, I'll be darned, if I am going to sit here and let you all export that
foolishness into Little Haiti. So, let's be very clear. I am interested in looking for ways that we
can help build Black business capacity, the same way we can help, Mr. Hollo whom I think is
the greatest builder that this City has ever seen, since Mr. Flagler.
Commissioner Plummer: Who?
128 March 10, 1998
Vice Chairman Teele: Tibor Hollo.
Commissioner Plummer: Oh, oh, Hollo.
Vice Chairman Teele: I think he is a great man. But, this City is helping him. And, I am proud
to help him, but I want to help other people, too. And, that's all that I am saying, Mr. Chairman.
I just think this is... this is a process that is going to just rubber stamp what has been done. The
resolution that you all had just passed, four to one, is a resolution that brings in nobody new in
the Public Service area. And, all that I am saying is, I'll will let you all do anything you want to
do in Public Services. I'll let you do... virtually, anything you want to do in the Housing area.
But, as it relates to Economic Development, we have got to start creating some businesses that
can hire some people, that can do the same kind of things that other business owners in this town
do. And, all of you all, and myself included, when it's time to be talking about who do you go
to, to get support? You don't go to not for profits. When the President comes to this town to
talk about a big fund-raiser at... Where did he go?
Mr. Garcia -Pedrosa: Biltmore.
Commissioner Plummer: Biltmore Hotel.
Vice Chairman Teele: Those hotels. He doesn't look for not for profits, he looks for business
people. So, Mr. Chairman, I apologize. But, I just am not... I have to serve notice, because I
have played this game now for 120 days. It's not right, and we cannot do it. And, Mr.
Chairman, with all due respect, I would ask that as we move forward, and I don't know if you
want to move the Manager's recommendation in all these categories or not. I am going to vote
in the negative. But, as it relates to Economic Development, I am specifically asking... Because,
let's look at Economic Development, just for a minute. I appeal to your conscience. What Page
is that?
Chairman Hernandez: [inaudible]
Commissioner Gort: Excuse me.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Commissioner Teele, I apologize, I was out of the room at the time. I
don't know what dictated this discussion, could you bring me up-to-date, please? Did we make a
motion or anything?
Chairman Hernandez: No, no, we have not voted, yet.
Commissioner Gort: OK.
Vice Chairman Teele: But, I just want you to know. In the area of Economic Development,
there is four hundred and twenty-five thousand dollars ($425,000) for facade. Now, I am not
even get into facade. But, not one dollar ($1) was spent in Liberty City for facade last year. Not
one dollar ($1). Is that correct, Mr. Manager, Mr. Staff?
Commissioner Plummer: I got fifty thousand for administration.
Mr. Ed Blanco (Project Supervisor/Community Development Department): That's correct, Mr.
Chairman. Vice Chairman.
129 March 10, 1998
Vice Chairman Teele: Not one dollar ($1). OK, so let's just be very clear.
Commissioner Plummer: Fifty thousand for administration.
Vice Chairman Teele: The recommendations of the City staff are four twenty-five; one fifty for
the Liberty City... for the Latin Chamber of Commerce; two hundred and fifty for Miami
Capital; and one hundred thousand for Neighborhood Jobs, for business development training.
For seven hundred thousand dollars ($700,000)...
Commissioner Plummer: Where are you talking about for training?
Commissioner Gort: Ten of fifteen. Page ten of fifteen.
Vice Chairman Teele: Page ten of fifteen. And, this is our Economic Development package for
the poorest City in the nation, the fourth poorest. This is what we are doing to stop poverty.
Look, all the rest of this stuff, with all due respect to helping...
Commissioner Plummer: Why...?
Vice Chairman Teele: ... people get medicine and seniors and all of that. That is not going to
change anybody's condition.
Commissioner Plummer: Ten of fifteen? Ten...
Vice Chairman Teele: That is not going to change anybody's condition. I am not against giving
seniors medicine. I am not against giving them transportation. But, at the end of the day, that's
money that is not going to change anybody's condition. When we spend one hundred thousand
or the five hundred or the two million dollars ($2,000,000)...
Commissioner Plummer: Why not...?
Vice Chairman Teele: ... everybody who is poor, is going to be poor, when we finish that. Now,
what are we doing to alleviate poverty?
Commissioner Plummer: What are we...? Let me ask you a question. Item ten is for training,
and which other item?
Vice Chairman Teele: I don't know. I'll be honest with you, I have no idea what this is all
about.
Commissioner Plummer: The Economic Development.
Vice Chairman Teele: I have no idea. The staff has to tell you.
Commissioner Plummer: Well...
Vice Chairman Teele: The only thing that I am... The only thing that I am suggesting is, that I
very much, Mr. Manager, would like to see a job creation, multi -year program that is designed to
help businesses; not CBO's; not not for profits; not churches; not political organizations;
businesses. People that are in business expand and multiply, because that's the only way that we
are going to create jobs in this City. That's all that I am saying, Mr. Chairman.
Commissioner Regalado: Can I...? I... It's good that, Vice Chairman Teele spoke about the
need to bring money, to create businesses. Because, we talk here about food, medicine, business
130 March 10, 1998
and jobs. And, like, Vice Chairman Teele said, the Afro-American people want jobs, and they
would rather have a job than a plate of food. But, I keep asking, and I have not gotten an answer,
about the Jobs Programs in the Latin community. The Latin community has been
disenfranchised, and I know you are tired, and you are upset with the question... You... because
I kept asking this. But, it's a good time. Because, I keep asking about moving an office to Little
Haiti, but also to Little Havana. I went to your Jobs Office. I did not see one Latin applicant
there. Can you tell me how many Latin, Spanish speaking applicants have you served in the last
two weeks?
Ms. Gwendolyn Warren (Director/Community Development Department): No, I cannot.
Commissioner Regalado: OK. I can. I...
Ms. Warren: I can tell you, historically, what our service levels have been to the Hispanic
community.
Commissioner Regalado: OK.
Ms. Warren: OK. Primarily, our funding is through JTPA (Job Training Partnership Act), in the
past. And, we have two specific programs. One is...
Commissioner Regalado: No, but excuse me. But, we are talking here, perception and reality.
Ms. Warren: Uh-huh. I am talking statistics.
Commissioner Regalado: Don't try to give me a theory about why not.
Ms. Warren: No, I am not offering that. What I would offer is, we have a program for laid -off
individuals, or dislocated workers, as we will call them. That program is Title 1II.
Commissioner Plummer: And, that's...
Ms. Warren: It's approximately 60 percent Hispanic.
Commissioner Plummer: That's right.
Ms. Warren: Thirty to forty percent Black and other. Title II-C, or Title I1, is primarily for
structurally unemployed people or economically disadvantaged people who live below the
poverty level. It is primarily African -American, approximately 80 percent Black, 20 percent
Hispanic. We have a refugee assistance program, which is generally split out between two
communities. The Haitian community and the Hispanic community. It is primarily Hispanic...
Commissioner Plummer: And, that's the toughest...
Ms. Warren: ... because, of the federal time limitations on importees.
Commissioner Plummer: Refugee program is the toughest one we have to meet our goals.
Ms. Warren: And, what the federal...
Commissioner Plummer: It's incredible. We have got the money there. We have money for
refugee program, and we can't fulfill 100 percent of what we are trying to accomplish.
Commissioner Regalado: OK, I will tell you why. I will tell you why. Because...
131 March 10, 1998
Commissioner Plummer: It's amazing. So much money there.
Ms. Warren: I would only add that our largest program is our Title III program. So, in... on the
whole, I would say that we are 50 to 60 percent Hispanic in terms of our client population, the
balance being African-Arnerican.
Commissioner Regalado: Well, last summer, I went around the NET (Neighborhood
Enhancement Team) offices, and the different City offices, I did not see that ratio, frankly. And,
I can tell you, that I can give you... But, that's not the point. The point is, that we need to be fair.
And, Vice Chairman Teele is right, in calling on this Commission to bring businesses and to be
fair with Little Haiti, with the Black areas of this City. But, we also need to be fair. I mean, we
keep dragging our feet. I am telling you that, you need like about 30 to 40 applicants, before two
or three weeks for the Refugee Program, because that's the deadline. You cannot get it, if you
keep having your office where you have it. It's impossible. It's... We talk about going to the
Dupont Plaza. Now, it's very difficult for people in either East Little Havana or West Little
Havana or Flagami or Shenandoah to go to... or Allapattah, to go to... Allapattah is there, to go
to that office. And, I am just asking, when do you think that we are going to have more offices?
I am not talking only about the office in Little Havana. I think that we should have an office in
Little Haiti, and we should have an office in the west and in the east of the City. North and
south. That's... Because, people walk.
Ms. Warren: Currently, we... To answer your question specifically. Within 90 days.
Commissioner Regalado: OK.
Commissioner Plummer: And, we are using some of that money, by the way, that we are going
out... already in effect, service providers who are in different locations.
Mr. Warren: What the Commissioner is referring to. What we are doing in the Little Havana
community is, we are going to be subcontracting with the training facilities that are there.
CAMACOL, Surveyor and SER Jobs, they will be providing our classroom training. We are
currently negotiating those contract activities. That is ongoing. We are actually not going to be
providing our own training, but are going to be subcontracting with training agencies. So, we are
looking to out station staff, and currently we are utilizing our funding source and some public
agencies to do that. The issue is a little different in the Little River area. We are currently...
actually looking for a facility, versus entering into subcontracts with current operators in the
community. But, again, our office location, which will have counselling and placement staff, we
should be opened and operational in about 90 days, from what staff has told me.
Commissioner Regalado: Thank you.
Ms. Warren: But, I... One last point. I can... Commissioner, I can assure you, that our
programs are federally certified, eligible programs. In other words, the City of Miami staff are
not the entity that certifies a person eligible for service under our federal funds. The clients are
referred to us from various public agencies, HRS (Department of Health and Rehabilitative
Services); Department of Labor and the Employment and Training Consortium. We take clients
from all communities. And, I would also say at this point, that our WAGES (Work and Gains
Economic Self-sufficiency) Program, which currently we are at about approximately a 700 client
capacity, over 400 clients are from the Hispanic community. So, I think that one...
Vice Chairman Teele: Did you say, your capacity is 700?
Ms. Warren: We're currently...
132 March 10, 1998
Commissioner Plummer: For the money that we have.
Ms. Warren: We contracted to serve 1,000 clients. We currently have 700 enrolled. And, I
would say, well over SO percent of that group are Hispanic. The other... Probably, the most
important thing is, when you come to our facility, the clients who are there are not reflective of
the individuals who are enrolled. Our job is to enroll people into educational institutions and
place them on a job. So, one, you will never see our client population in our facility. Our clients
are attending public schools, and private training institutions. Currently, we have over 1,000
enrolled in school. And, I can ensure that the ethnic balance is consistent with the community
and the referrals from other public agencies in the community.
Commissioner Plummer: We are running with the WAGES money, everybody over 100 percent
capacity. Everybody is.
Chairman Hernandez: Let's move on. Housing Opportunities for Persons With Aids Program.
HOPWA Funds.
Vice Chairman Teele: Mr. Chairman, before you move on, may I ask the Manager, Ms.
Gwenn... What's here name, again?
Chairman Hernandez: Gwendolyn Warren.
Vice Chairman Teele: Ms. Warren, if you would determine, whether or not the Center for
Haitian Studies and the South Florida... The Haitian... The South Florida Haitian Chamber of
Commerce are appropriate, because I... appropriate vehicles to look at in the Little River area.
We heard some very eloquent testimony, today for the Center for Haitian Studies, and some of
the work they are doing. I don't know it's compatible. But, would you just look at them to
determine... I mean, I have a real concern about government going in, setting up an office, as
opposed to utilizing capacity that may be there. And, the same thing is true of South Florida
Haitian Chamber of Commerce. If you could just look at those, and make your own
determination.
Ms. Warren: Yes, sir.
Commissioner Gort: Yeah, if you recall, that's one of the suggestions that we gave when they
first began, and we received this grant. We told them to... And, I think they are doing that,
exactly that. They are utilizing existing agencies within different neighborhoods.
Chairman Hernandez: HOPWA (Housing Opportunities for People with Aids) Funds.
Mr. Jeff Hepburn (Assistant Director/Housing): Mr. Chairman, and members of the City
Commission. In terms of the HOPWA Program, the anticipated allocations starting June 1st, '98
is seven point seven million dollars ($7,700,000). All we are going to do today is basically
recommend allocating funds to certain eligible program activities. The recommendations in
terms of allocating funds to service providers will come back to you through an RFP (Request
for Proposal) process and also by recommendations by the HOPWA Advisory Board, at a later
date.
Commissioner Plummer: And, is the last year's allocation been audited?
Mr. Paul Eisenhart (HOPWA Administrator)/Community Planning Dept.: Mr. Plummer, my
name is Paul Eisenhart, I am the HOPWA Administrator for the City of Miami. We are just
starting to utilize last year's funds. So, to answer your question, no.
133 March 10, 1998
Commissioner Plummer: And, are we in-house doing all of the dispersing?
Ms. Eisenhart: Could you clarify your question, Commissioner?
Commissioner Plummer: Well, I want to know, who is giving out these contracts? Who is
giving out this money?
Mr. Eisenhart: Commissioner...
Commissioner Plummer: We are talking about seven point seven million dollars ($7,700,000)
that when I voted on here, I don't want to wait down the road and hear about it, like I heard
about some other AIDS organizations that are, I guess, fighting among themselves. I want to
make sure that we, the City, you, the City are monitoring at all times all of the contracts, all of
the disbursements of these funds, to make sure, the five of us sitting up here, down the road,
don't read about the same thing we read about with some other groups that were handling these
funds. Does that make it clear for you?
Mr. Eisenhart: Commissioner, all disburse... All contracted works come before the Commission
to be awarded, number one. Number two, all financial disbursements are reviewed by the
Finance Department, according to the budgets that are submitted by the agencies.
Commissioner Plummer: And, who does the monitoring to make sure that the monies that were
given for a given reason were in fact utilized for that project?
Mr. Eisenhart: This department is...
Commissioner Plummer: That's all I am asking.
Mr. Eisenhart: ... responsible for monitoring.
Commissioner Plummer: Thank you.
Chairman Hernandez: Thank you, very much. Any further discussion, before we take a vote?
Commissioner Plummer: Well, I just want to make sure. It's a lot of money.
Chairman Hernandez: I am recommending to the Commission that we follow with the same
vote, the same motion that we made...
Commissioner Plummer: So moved.
Chairman Hernandez: ... which was to recommend the City staff, reserving the rights of every
Commissioner to further modify the numbers.
Vice Chairman Teele: Mr. Chairman, with all due respect. In the area of the Economic
Development, the City staff recommendations are so fundamentally flawed, there is absolutely
no money... I mean, this is the same old business, all over again. We just did it before. And, I
would ask at least that you allow for one amendment as it relates to Economic Development.
Commissioner Plummer: Name it.
Commissioner Regalado: I'll second that.
134 March 10, 1998
Vice Chairman Teele: And, that is, Number 26.
Chairman Hernandez: Twenty-six. What Page?
Vice Chairman Teele: There would be a... Just like the CBO process, there would be a reserve
for competitive process, for profit businesses for expansion and development in the Little Haiti
area.
Commissioner Plummer: All right, what area are we going to take it from? And, I...
Vice Chairman Teele: Well...
Commissioner Plummer: I am in favor of it. And, I need to know is it a loan or is it a grant?
Vice Chairman Teele: Loan or grant. The Manager will determine that. The staff would
determine that.
Commissioner Plummer: OK. So, if we give them the two hundred and twenty-five thousand,
where do we take the two hundred and twenty-five thousand from? Or is that to be determined
between now and the next meeting?
Vice Chairman Teele: Be determined based upon the Manager's recommendation.
Commissioner Plummer: I so agree. I second the motion.
Commissioner Plummer: Again, I just questioned as you did, just a few minutes ago, whether
Gwenn can in anyway incorporate this under Item 26 on Page ten, that you might be able to
helpful, beneficial. This is a job creation. I don't know what in fact, it says here... "loan grant
program on job creation." I sure hope it's not duplication.
Vice Chairman Teele: Well, no. Because, what you are talking about is not a training program.
You are talking about a program to help people that have businesses to expand. The same way
we are trying to help Parrot Jungle.
Commissioner Plummer: OK, all right.
Vice Chairman Teele: Just think of it like that.
Commissioner Plummer: That's not a job to me. That's business creation.
Commissioner Gort: OK.
Vice Chairman Teele: Well, it... Well, then call it, business creation...
Commissioner Plummer: OK.
Vice Chairman Teele: ... and job expansion.
Commissioner Plummer: All right.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: OK, when you analyzing it, you are looking for the difference between the
Economic Development Committee and City staff. The biggest difference comes out of the
135 March 10, 1998
facade, the NET. The facade for the NETs. And, I think that's the only place where there is a
lot of differences. Or the only differences.
Commissioner Plummer: All right. So, then my motion is, in Economic Development, we
accept the City staff's recommendation, with one amendment, and that is, that the Little Haiti
Job Creation Plaza be funded at the amount of two hundred and twenty-five thousand dollars
($225,000). And, we expect the Manager to come back and tell us what has to give to establish
that amount of money. I so move the remainder.
Commissioner Regalado: I second it.
Chairman Hernandez: There is a motion on the floor, and there is a second by Commissioner
Regalado. And, this applies to the whole, to the whole thing, J.L.
Commissioner Plummer: Primarily, yes.
Chairman Hernandez: Public Facilities...
Commissioner Regalado: No, the Economic Development Division.
Chairman Hernandez: No, it applies to everything.
Commissioner Plummer: No... the rest of it. I mean, there is no discrepancy in the rest.
Chairman Hernandez: All right. There is one exception which was to Economic Development.
There is a motion, there is a second.
Commissioner Plummer: And, keeping in mind, Tomas, and this is also with a full
understanding that on the 24th, we can come back to make different changes if we wish.
Chairman Hernandez: We have reserved that right. All those in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: And, hope and pray that someway next year can be devised a system, a
hell of a lot better than this one.
136 March 10, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-249
A MOTION TO APPROVE CITY OF MIAMI STAFF RECOMMENDATIONS IN
CONNECTION WITH 1996-1999 24TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS FOR HOUSING, ECONOMIC DEVELOPMENT,
PUBLIC FACILITIES IMPROVEMENTS, GRANT ADMINISTRATION, HOME
INVESTMENT PARTNERSHIP PROGRAM AND HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM; FURTHER RESERVING THE RIGHT OF
THE COMMISSION TO MODIFY THE AMOUNTS BEING PROPOSED WHEN
THIS ISSUE IS AGAIN CONSIDERED ON MARCH 24, 1998; AND FURTHER
MODIFYING THE CITY STAFF RECOMMENDATIONS IN THE ECONOMIC
DEVELOPMENT CATEGORY TO GRANT OR LOAN (#26) LITTLE HAITI JOB
CREATION PLAZA AN AMOUNT OF $225,000; FURTHER DIRECTING THE
CITY MANAGER TO COME BACK ON MARCH 24, 1998 AND IDENTIFY THE
APPROPRIATE FUNDING SOURCE FOR SAID PROGRAM.
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.
Vice Chairman Teele: Mr. Chairman, there is a series of resolutions. I would ask that those
resolutions all be moved to the 24th. But, those resolutions are very important, because they
really relate to the HUD audit and compliance with that, as well. But, I think, just so that we
have... When we are taking a final action, that we are taking a final action consistent with all of
the policies and thinking that be there at that time.
Commissioner Gort: OK, let me ask a question. Can we just go ahead and have a special
meeting just to deal with this. Because, let's face it, look, we have been here all morning, all
day, and... Bring it on the 24th, and we are going to be discussing other items that we have, the
zoning, the whole works. I won't mind coming back for a special meeting.
Vice Chairman Teele: I think it's important to do a special meeting, and I'll tell you why. This
means the whole program is continued to that. If you adjourn on this item, you are going to have
to readvertise it.
Commissioner Plummer: Continue.
Vice Chairman Teele: And, I think the motion should be to continue the hearings and the
decision on the... And, Ms. Kearson, you need to help me. But, if we adjourn on this item, and
then bring it back to another meeting, we are going to have to do a whole new notice provision.
Ms. Linda Kearson, Esq. (Assistant City Attorney): Well, you can continue this, but what I want
to also state, Commissioner is that we also need a resolution authorizing the administration to
137 March 10, 1998
contact HUD for an extension. Because, keep in mind, we have to submit our application by
April 15th. And, there has to be a 30-day review period. So, we also need a resolution
requesting an extension of that submission deadline.
Commissioner Plummer: So moved.
Chairman Hernandez: That's something we've done in the past, correct?
Commissioner Plummer: Right.
Ms. Kearson: That's been done in the past. That's correct.
Chairman Hernandez: And, it's pretty much of a....
Commissioner Plummer: Standard.
Chairman Hernandez: ... standard.
Ms. Kearson: From what I am told, that's not a big deal.
Chairman Hernandez: OK.
Commissioner Plummer: I move it.
Chairman Hernandez: OK, we have a motion on the floor.
Vice Chairman Teele: What's the motion?
Commissioner Plummer: The motion is to instruct the Manager to apply for an extension of 30
days as well as we ask that this matter be continued to a date certain of March 24th.
Chairman Hernandez: OK.
Commissioner Gort: How about the 17th?
Chairman Hernandez: That's it. That's next Tuesday, correct?
Commissioner Gort: How about next Tuesday, the 17th.
Vice Chairman Teele: Next... 17th.
Chairman Hernandez: Seventeenth, Tuesday.
Commissioner Plummer: Next Tuesday, to a date certain of March the 17th.
Chairman Hernandez: Ten in the morning.
Commissioner Plummer: Why are you going to be in Tallahassee?
Mr. Jose Garcia -Pedrosa (City Manager): The Governor's Office has set up meetings for us,
next week.
Commissioner Gort: We don't need you.
138 March 10, 1998
Commissioner Plummer: We don't need you.
Commissioner Gort: You don't have to be here.
Commissioner Plummer: Leave Pinon, here. To a date certain, of March the 17th at high noon.
You all like high noon.
Commissioner Gort: That's fine with me.
Commissioner Plummer: I so move.
Commissioner Gort: Second.
Chairman Hernandez: There is a motion on the floor by Commissioner Plummer, seconded by
Commissioner Gort. Discussion. All those in...
Vice Chairman Teele: And, the motion is to continue this meeting...
Commissioner Plummer: To a date certain.
Vice Chairman Teele: ... until March the 17th...
Commissioner Plummer: At...
Vice Chairman Teele: ... at twelve noon?
Chairman Hernandez: Twelve o'clock.
Commissioner Plummer: That's correct.
Ms. Kearson: It doesn't matter. We are continuing...
Chairman Hernandez: This matter.
Ms. Kearson: This matter.
Vice Chairman Teele: This matter.
Chairman Hernandez: Yes.
Commissioner Plummer: Yes.
Chairman Hernandez: We are to continue with the agenda, today.
Ms. Kearson: Until March 17th, and we are going to ask for an extension of the submission
deadline for our proposal.
Chairman Hernandez: Correct.
Vice Chairman Teele: I am... Respectfully, I am not sure you can... Respectfully, this has been
noticed as a Commission meeting. And, what you are going to have to do procedurally is extend
the Commission meeting as well to that. Because, you can't just...
Chairman Hernandez: Item...
139 March 10, 1998
Vice Chairman Teele: I'll yield to the City Attorney, but what you have got is... The issue is not
an agenda item, it's a meeting.
Ms. Kearson: Certainly. I...
Vice Chairman Teele: OK.
Mr. Garcia -Pedrosa: I think what we were saying is, that the Chairman has to go on with other
items on the agenda.
Chairman Hernandez: Right.
Vice Chairman Teele: Yeah, he is going to continue with other items on the agenda.
Chairman Hernandez: But, we are going to continue...
Vice Chairman Teele: But, at the end of the day, we will also have to make another motion to
continue this meeting as it relates to that... other items on those... for those two.
Ms. Kearson: We can do it two ways, Commissioner. We can either continue this item and have
a notice. We have time to notice a special meeting for next week, or we can continue the entire
City Commission meeting. Either way.
Vice Chairman Teele: I would prefer to do the latter.
Chairman Hernandez: Right.
Vice Chairman Teele: Because the federal guidelines take precedent over our City rules on
notice. And, any meetings on this have a requirement of 30 day notice.
Ms. Kearson: OK.
Vice Chairman Teele: You don't want to break that. We have given proper notice of this
meeting, and we don't want to break that now and have somebody say that we...
Commissioner Plummer: Let me... Let me ask a question. Does anybody, in all kidding aside,
have a problem with having the meeting on Thursday the 19th, so that the administration can be
here? I mean, I am just asking. Would that have... anybody have a problem?
Vice Chairman Teele: I would prefer that the Manager be here.
Commissioner Regalado: I don't have a problem.
Commissioner Plummer: Then, let's call it for a date certain on March the 19th at high noon.
And, that way we can in fact have everybody, all the players present.
Commissioner Regalado: What time?
Commissioner Plummer: High noon.
Ms. Kearson: OK, so I am clear. So, we are continuing the City Commission meeting, this
meeting, until...
140 March 10, 1998
Chairman Hernandez: To the 19th.
Mr. Garcia -Pedrosa: Well, not yet, not yet.
Vice Chairman Teele: We are continuing this item, at this point. We are continuing this item to
that, and then at the end of the meeting, we will continue the meeting to that.
Mr. Garcia -Pedrosa: Take up other matters.
Ms. Kearson: OK, that's fine.
Chairman Hernandez: Right.
Ms. Kearson: OK, that's fine.
Commissioner Plummer: I move we adjourn.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-250
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
REQUEST FROM THE U.S.D DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT A THIRTY (30) DAY EXTENSION OF THE DEADLINE FOR
SUBMITTING THE CITY'S PROPOSED CONSOLIDATED PLAN, INCLUDING A
FY 1998 ACTION PLAN WITH PROJECTED USES OF FUNDS FOR THE CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT
PARTNERSHIPS, EMERGENCY SHELTER GRANT AND HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
141 March 10, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-250.1
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 2 (PROPOSED
CONSOLIDATED PLAN FOR THE CITY'S COMMUNITY DEVELOPMENT
BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY
SHELTER GRANT AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
PROGRAMS) TO THURSDAY, MARCH 19, 1998 AT NOON.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: Item Number three.
Commissioner Plummer: Well...
Mr. Jose Garcia -Pedrosa (City Manager): You want to carry one to the adjourned meeting?
Commissioner Plummer: Yeah. It's got to be... That's got to be continued over, also, because
we have not passed it.
Commissioner Gort: No, you can pass it.
Chairman Hernandez: Well, we can pass it today. Why not?
Ms. Linda Kearson (Assistant City Attorney): I mean, you can pass it on first reading, because
what we are doing here is, just allocating the amounts.
Chairman Hernandez: Right.
Ms. Kearson: We are not going to change that. So, we can deal with this...
Chairman Hernandez: Is there a motion adopting the ordinance establishing...
Vice Chairman Teele: So moved, Mr. Chairman.
Commissioner Plummer: Second.
Commissioner Gort: It's an ordinance.
Chairman Hernandez: We have got a motion by Vice Chairman Teele...
142 March 10, 1998
Ms. Kearson: I need to read it.
Chairman Hernandez: ... seconded by Commissioner Plummer. Can you read the ordinance,
please.
Ms. Kearson: Certainly.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call, please.
Mr. Walter J. Foeman (City Clerk) Roll call.
Vice Chairman Teele: Yes, sir.
Commissioner Regalado: Yes.
Commissioner Plummer: I am voting, yes.
Commissioner Gort: Yes.
Chairman Hernandez: Yes, sir.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS
UNDER THE FOUR TITLES LISTED BELOW AND APPROPRIATING FUNDS FOR
THE OPERATION OF EACH OF THE FOUR (4) NEW SPECIAL REVENUE FUNDS
IN THE AMOUNTS SPECIFIED AS FOLLOWS: COMMUNITY DEVELOPMENT
BLOCK GRANT (TWENTY FOURTH YEAR) - $12,655,000, HOME INVESTMENT
PARTNERSHIP (HOME) GRANT - $4,520,000; EMERGENCY SHELTER GRANT
(ESG) $501,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) GRANT - $7,732,000; AS APPROVED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD); FURTHER APPROPRIATING
THE SUM OF $3,000,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM INCOME TO BE ALLOCATED AS FOLLOWS: $1.5 MILLION
FOR THE HOUSING REHABILITATION LOAN PROGRAM; $1.4 MILLION FOR
MIAMI CAPITAL DEVELOPMENT INC. REVOLVING LOAN FUND PROGRAM
AND $100,000 FOR BUILDING DEMOLITION ACTIVITIES; FURTHER
APPROPRIATING THE SUM OF $200,000 FROM ESTIMATED HOME PROGRAM
INCOME FOR A TOTAL APPROPRIATION OF $28,608,000; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
143 March 10, 1998
was introduced by Vice Chairman Teele, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
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.
Commissioner Plummer: You know, Mr. Chairman, I can't let it pass without making the same
notation that I always do. That these funds are made being made available for people with a
very serious illness. We have other people with very serious illness and no funds are made
available. And, I would think that this administration should, without question, ask the federal
government how you can give one group with a serious illness funds in seven million dollars
($7,000,000), and other people with serious illnesses, nothing? I don't think that's fair. And, it
should be that we ask fairness for all people.
----------------------------------------------------------------------------------------------------------------
11. EMERGENCY ORDINANCE: AMEND SECTION 2-884 OF CODE:
EXCEPTING THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) ADVISORY BOARD (HAB) FROM NOT HAVING MUNICIPAL
EMPLOYEES OTHER THAN CITY OF MIAMI SERVE ON THE BOARD.
----------------------------------------------------------------------------------------------------------------
Mr. Jose Garcia -Pedrosa (City Manager): Item four.
Chairman Hernandez: Item four was heard in the morning. Item Number five.
Commissioner Gort: [inaudible -- off microphone]
Commissioner Plummer: Yeah.
Mr. Garcia -Pedrosa: Mr. Chairman, Item five is an emergency ordinance seeking to permit your
HOPWA Advisory Board to have non -City residents that were there already. What this does is,
to prevent them from being, in essence, taken off by necessity. This is important, because
obviously the services go beyond the City's borders.
Commissioner Gort: What item are we on?
Commissioner Plummer: Item five.
Chairman Hernandez: Now this is the ordinance that I passed in reference to the...
Ms. Linda Kearson (Assistant City Attorney): That's correct.
144 March 10, 1998
Chairman Hernandez: OK, so you are doing an exception for the HOPWA.
Mr. Garcia -Pedrosa: This is the exception to that ordinance to keep people who are already on
this board from being kicked off this board.
Chairman Hernandez: Yeah, I know. Is there any motions on the floor?
Commissioner Plummer: Move it.
Chairman Hernandez: Can you identify the people, please?
Mr. Paul Eisenhart (HOPWA Administrator): Specifically, they are representatives of the City
of Miami Beach, representatives of Miami -Dade County, and representatives of the City of
Hialeah.
Chairman Hernandez: OK. There is a motion on the floor by Commissioner Plummer, seconded
by Commissioner Gort. Can you read the ordinance, please?
Ms. Kearson: Yes, sir.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: Yes.
Commissioner Regalado: Yes.
Vice Chairman Teele: Yes, sir.
Commissioner Gort: Yes.
Chairman Hernandez: Yes, sir.
Mr. Foeman: Second roll call.
Commissioner Gort: Yes.
Commissioner Plummer: Yes.
Vice Chairman Teele: Yes, sir.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes, sir.
145 March 10, 1998
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 2-884 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SET FORTH THE
PROVISION THAT EXCEPTS THE HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) ADVISORY BOARD (HAB) FROM NOT
HAVING AN EMPLOYEE OF MIAMI-DADE COUNTY, FLORIDA, OR ANY
MUNICIPALITY THEREIN OTHER THAN CITY OF MIAMI EMPLOYEES,
SERVE ON OR BE APPOINTED TO ANY BOARD OF THE CITY OF MIAMI,
FLORIDA, CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Commissioner J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11619.
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.
146 March 10, 1998
----------------------------------------------------------------------------------------------------------------
12. SECOND READING ORDINANCE: AMEND SECTION II OF ORDINANCE
11337: CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE --
INCREASE APPROPRIATIONS TO PROJECT 322601: TOWER THEATER
REHABILITATION -- FROM $2,276,800 TO $2,526,800.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item Number six is a second reading ordinance.
Commissioner Plummer: Move it.
Mr. Jose Garcia -Pedrosa (City Manager): That's been withdrawn, sir.
Chairman Hernandez: That's correct. That's one of the ones that was withdrawn.
Mr. Garcia -Pedrosa: Lack of publication. We will bring it back.
Chairman Hernandez: Right. Item Number seven.
Mr. Garcia -Pedrosa: This is a second reading of the ordinance, increasing the appropriation for
the Tower Theater in the amount of two hundred and fifty thousand dollars ($250,000).
Commissioner Plummer: Yeah, this is second reading. Come on, Regalado, move it.
Commissioner Regalado: OK, move it.
Commissioner Gort: Second.
Chairman Hernandez: Moved by Commissioner Regalado, seconded by Commissioner Gort.
Can you read the ordinance, please?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
Mr. Walter J. Foeman (City Clerk): Roll Call.
Commissioner Regalado: Yes.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Vice Chairman Teele: Yes.
Chairman Hernandez: Yes, sir.
147 March 10, 1998
An Ordinance entitled
AN ORDINANCE AMENDING SECTION III OF ORDINANCE NO. 11337, AS
AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, THEREBY INCREASING THE
APPROPRIATIONS TO BE EXISTING CAPITAL IMPROVEMENT PROJECT NO.
322061 ENTITLED: "TOWER THEATER REHABILITATION" BY AN AMOUNT
OF $250,000 FROM $2,276,800 TO $2,526,800; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of February 10, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Regalado, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11620.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
13. FIRST READING ORDINANCE: AMEND ORDINANCE 11395: VICTIMS
OF CRIME ACT SPECIAL REVENUE FUND -- INCREASE
APPROPRIATION BY $60,000 FROM GRANT FROM STATE OF FLORIDA
OFFICE OF ATTORNEY GENERAL.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item eight.
Mr. Jose Garcia -Pedrosa (City Manager): Item eight. That's Victims of Crime Acts Special
Revenue Fund by increasing its amount by sixty thousand dollars ($60,000) to coincide with a
grant received by the City in that amount.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Chairman Hernandez: There is motion by Commissioner Gort, seconded by Commissioner
Plummer. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
148 March 10, 1998
Chairman Hernandez: Roll call.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Gort: Yes.
Commissioner Plummer: Yes.
Commissioner Regalado: Yes.
Vice Chairman Teele: Yes, sir.
Chairman Hernandez: Yes, sir.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11395, ADOPTED AUGUST 23,
1996, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND
INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED:
"VICTIMS OF CRIME ACT," THEREBY INCREASING SAID APPROPRIATION IN
THE AMOUNT OF $60,000, CONSISTING OF A GRANT FROM THE STATE OF
FLORIDA, OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE ANY NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
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.
149 March 10, 1998
----------------------------------------------------------------------------------------------------------------
14. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
WEED AND SEED FORFEITURE -- APPROPRIATE $100,000 FROM US
DEPARTMENT OF JUSTICE GRANT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item nine.
Mr. Jose Garcia -Pedrosa (City Manager): Item nine is a ordinance establishing a special revenue
fund entitled "Weed and Seed Forfeiture" appropriating the amount of one hundred thousand
dollars ($100,000) to coincide with a grant received by the City from the FBI (Federal Bureau of
Investigation), and authorizing acceptance of...
Commissioner Plummer: Before this comes back for second reading - I am voting for it. I want
to know a lot more about it, OK...
Commissioner Plummer: Yeah.
Chairman Hernandez: Motion by Commissioner Plummer.
Commissioner Gort: Second.
Chairman Hernandez: Second by Commissioner Gort. Read the ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Commissioner Regalado: Yes.
Vice Chairman Teele: Yes, sir.
Chairman Hernandez: [No response given]
An Ordinance entitled -
AN ORDINANCEESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"WEED AND SEED ASSET FORFEITURE," AND APPROPRIATING FUNDS FOR
THE OPERATION OF SAME IN A TOTAL AMOUNT OF $100,000, CONSISTING
OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU
OF INVESTIGATION (FBI); AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
150 March 10, 1998
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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
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. FIRST READING ORDINANCE: AMEND ORDINANCE 10021:
ESTABLISH INITIAL RESOURCES AND APPROPRIATIONS FOR LAW
ENFORCEMENT TRUST FUND -- INCREASE AMOUNT BY $1,174,000
FROM FORFEITURES.
Chairman Hernandez: You want...
Commissioner Plummer: Move item ten.
Chairman Hernandez: You want to speak on item ten, ma'am?
Commissioner Plummer: Each unit has to come back here.
Chairman Hernandez: Eleanor.
Ms. Eleanor Kluger: Yes, I would want to speak. Not on what you are voting on, right this
moment.
Chairman Hernandez: On Item ten? What...?
Ms. Kluger: No, on what we have just finished here. The Community Development Board.
Chairman Hernandez: OK, hold on, one second, then. Hold on. Just let's... We got a motion on
Item Number ten.
Commissioner Plummer: Correct.
Chairman Hernandez: Seconded by Commissioner Gort. Motion by Plummer. Can you read
the ordinance, please?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
151 March 10, 1998
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: Yes,
Commissioner Gort: Yes.
Vice Chairman Teele: Yes, sir.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes, sir.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED JULY 18, 1985,
AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND, RECEIVED
AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9,
1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF
$1,174,000, FROM MONIES REALIZED AS A RESULT OF SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
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.
152 March 10, 1998
----------------------------------------------------------------------------------------------------------------
16. FIRST READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR
CAPITAL IMPROVEMENTS -- CONTINUE APPROVED SCHEDULED
CAPITAL IMPROVEMENT PROJECTS FOR 1997-1998 -- REPEAL
PROVISIONS OF ORDINANCE 11337 CONFLICTING WITH THIS
ORDINANCE.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 11.
Commissioner Plummer: Move it.
Mr. Jose Garcia -Pedrosa (City Manager): Mr. Chairman, there is a change in Item 11. We
distributed a sheet, corrected some of the entries. The amount of two thousand five hundred
twenty-six dollars and eighty cents ($2,526.80), should be two thousand two hundred and
seventy-six dollars and eighty cents ($2,276.80) on Item five. Also, item... The Community
Development Block Grant 23rd year should be three hundred and seventy dollars ($370) not
thirty seven dollars ($37). And, finally, Item "H" was dropped from your copy. It's two hundred
and fifty dollars ($250) for Community Development Block Grand, unexpended funds.
Commissioner Plummer: All right. Let me make sure that the monies that were set aside for...
Mr. Garcia -Pedrosa: These are in the thousands.
Commissioner Plummer: The money set aside from St. Hugh Oaks in the escrow account was
definitely dedicated and given to Bayfront Park?
Unidentified Speaker: I am getting an accounting from the department?
Commissioner Plummer: Excuse me?
Unidentified Speaker: I am getting an accounting from the department with the backup
resolutions when this was allocated.
Commissioner Plummer: Well, if not, then I am going to pull this item.
Unidentified Speaker: No, no, no.
Mr. Garcia -Pedrosa: No, no, let us give you that report before the second reading.
Commissioner Plummer: OK, because it has nothing to do with these capital improvement
funds, which is where it originally was coming from. That money is committed and has been
spent, OK. So, I want to make sure that this other monies that they are coming from St. Hugh
Oaks, where it's coming from, the monies are there. I don't remember the exact amount. But, in
fact, we have got to make sure that money is forthcoming.
153 March 10, 1998
Chairman Hernandez: There is a motion by Commissioner Plummer, seconded by
Commissioner Regalado. Read the ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Tom.
Mr. Tom Gabriel: Tom Gabriel, Local 587, Miami Association of Firefighters. I am sorry, I
didn't get the hand out on the amendments, and I would only ask for a clarification, if anything
has been taken out of the Fire Department Capital Improvements.
Mr. Garcia -Pedrosa: No, what Commissioner Plummer asked for, we will provide you as well.
It's a clarification that, even though they appropriate... the requested amount was greater than
what was funded, that we itemize or specifying what the items requested were, and what the
items funded were. I will make sure you get a copy of that as well.
Mr. Gabriel: OK, but as... On Item 11, on the background there were certain items that were
funded, including our apparatus, et cetera. All of that is still untouched?
Mr. Garcia -Pedrosa: That wasn't touched.
Mr. Gabriel: Thank you.
Mr. Garcia -Pedrosa: The only thing we corrected...
Chairman Hernandez: Roll call.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: Yes.
Commissioner Regalado: Yes.
154 March 10, 1998
----------------------------------------------------------------------------------------------------------------
17. FIRST READING ORDINANCE: AMEND SECTION 18-182 OF CODE:
AUTHORITY TO SELL -- INCLUDE REQUIREMENT FOR TAX EXEMPT
PROPERTIES TO PAY ANNUAL MUNICIPAL SERVICE PAYMENT
EQUAL TO CITY'S EQUIVALENT OF AD VALOREM TAXES.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 12.
Mr. Jose Garcia -Pedrosa: Item 12 is an ordinance requiring payments in lieu of taxes in
connection with open ventures real property that the City may make. This is a request that we
were given in a prior Commission meeting, I believe last month. And, this is the first reading of
the ordinance making that requirement.
Chairman Hernandez: Read the ordinance, Mr. City Attorney.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: For the record, Commission Gort motioned Item 12, seconded by
Commissioner Regalado. Can you call the roll call, please?
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Gort: No response.
Commissioner Plummer: Yeah.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes, sir.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 18-182 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "AUTHORITY TO SELL," TO
INCLUDE THE REQUIREMENT THAT ALL CONVEYANCES OF REAL
PROPERTY BY THE CITY OF MIAMI SHALL BE SUBJECT TO A DEED
RESTRICTION THAT REQUIRES GRANTEES WHO ARE LEGALLY IMMUNE OR
EXEMPT FROM TAXATION TO PAY TO THE CITY AN ANNUAL MUNICIPAL
SERVICE PAYMENT IN AN AMOUNT EQUAL TO WHAT THE CITY WOULD
RECEIVE IN AD VALOREM TAXES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
155 March 10, 1998
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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
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.
----------------------------------------------------------------------------------------------------------------
18. (A)FIRST READING ORDINANCE: REGULATE PLACEMENT OF
NEWSRACKS IN PUBLIC RIGHTS -OF -WAY -- AMEND ARTICLE VII
OF CHAPTER 54 OF CODE IMPOSING SAFETY AND AESTHETIC
RESTRICTIONS.
(B)DIRECTIVE TO REMOVE UNUSED NEWSPAPER RACKS IN ORDER
TO SELL THEM.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 13.
Mr. Jose Garcia -Pedrosa: Item 13?
Chairman Hernandez: Item 13.
Mr. Garcia -Pedrosa: Item 13 is an ordinance regulating the placement of newsracks in the City's
rights -of -ways.
Commissioner Gort: Move it.
Mr. Garcia -Pedrosa: If you want a presentation on that, Mr. Kay is here.
Chairman Hernandez: Moved by Commissioner Gort, seconded by Commissioner Plummer
Commissioner Regalado: Yes.
Chairman Hernandez: Discussion.
Commissioner Plummer: Where are you?
Chairman Hernandez: Newsracks.
Commissioner Regalado: Yes, Mr. Chairman...
Commissioner Plummer: Where are you?
156 March 10, 1998
Chairman Hernandez: Newsracks, Item 13.
Commissioner Regalado: Mr. Chairman, Mr. Manager, I have been in touch with the people
from the former Exito magazine. They still have to pick up several news stands that are being
used as trash cans throughout the City. They have picked up some. We have been in touch with
their offices in Ft. Lauderdale. Also, there are several, maybe dozens of Viva magazines,
magazines that no longer exist. These racks were given to somebody, but apparently, the people
that were supposed to pick up, did not do that. So, I would ask the administration to tell the
NET(Neighborhood Enhancement Team) offices, maybe that we can pick up all the unused racks
of Viva and Exito. Keep it and do as we do with the shopping carts. Sell it back to them for five
dollars ($5), or something like that. Because, they are being used for really....
Commissioner Gort: Trash cans and the works.
Commissioner Regalado: trash cans and graffetti, and all that. And, they have no use at all.
And, I can tell you that 1, myself, have seen more than a dozen here in this Grove and
Shennendoah area. OK, thank you.
Commissioner Plummer: Mr. Manager.
Mr. Garcia -Pedrosa: Sir.
Commissioner Plummer: The man who really brought this to light was Mr. Ted Stahl. And, he
has suggested and I concur, that the fee... How much is the fee per rack?
Mr. Jim Kay (Director/Public Works): We have a fifty dollar ($50) fee per rack, plus a ten dollar
($10) publisher fee, which is sixty dollars ($60). But, that's a one time fee.
Commissioner Plummer: Well, he is suggesting that we make this a yearly fee. And, I don't
have any problem with that.
Mr. Garcia -Pedrosa: I don't either. It's a recurring revenue.
Commissioner Plummer: Recurring revenue is what this City needs.
Mr. Garcia -Pedrosa: I think the Oversight Board loves you. [phonetic]
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): May I, sir?
Commissioner Plummer: Yes, please.
Mr. Maxwell: I need you be aware on the record, of the fact that...
Mr. Garcia -Pedrosa: There is a cost, only.
Mr. Garcia -Pedrosa: Only to cover cost.
Mr. Maxwell: That's right. The record needs to be...
Commissioner Plummer: Absolutely.
Mr. Maxwell: The record needs to be abundantly clear that anything that we collect from a fee
of this type has to reflect the actual cost of regulating the activity.
157 March 10, 1998
Commissioner Plummer: Absolutely. We have got to go around and count them. You know,
let's admit the truth. This ordinance is directly, is the same ordinance that exists in the City of
Coral Gables.
Mr. Kay: Yes, sir.
Commissioner Plummer: It's uniformity. It limits the number of racks that can be in any one
given corner, am I correct?
Mr. Kay: We are going to change that to five racks only.
Commissioner Plummer: OK, that's fine. You know, it's the idea that you go around some of
these corners around here, and there are 87 different racks up and down the street. And, this is
going to bring some uniformity to that scenario. And, I don't know how you are doing it, of who
gets the first five racks, or who doesn't get the first five racks. But, there is going to have to be
some uniformity. The colors are going to be uniform, and the only thing that I didn't ask and
that is the question about the advertising on the outside of the racks.
Mr. Kay: There is no advertising.
Commissioner Plummer: Some of these racks are selling advertising on the outside. Is this
eliminated with this ordinance?
Mr. Kay: Yes, sir, it is.
Commissioner Plummer: Thank God. OK.
Mr. Maxwell: Howvever, you pointed out, Commissioner that it was identical to the Coral
Gables ordinance.
Commissioner Plummer: That's correct.
Mr. Maxwell: And, when you charge the fee an annual basis, that's where you differ from the
Coral Gables ordinance that does not do that.
Commissioner Plummer: Yeah, I understand that.
Mr. Maxwell: And, that's where you open the potential legal Pandora's box.
Commissioner Plummer: Thank you, sir. Is it... they are ready to call the roll on the issue?
Mr. Ted Stahl: May I make a suggestion? I know we are all tired, but I have been sitting here
since ten, just like you on this item. And, I would like to...
Commissioner Plummer: Well, I have been here since seven.
Mr. Stahl: Well... I need to ask that in the specifications, there are three areas that I am
concerned about. And, number one, it is not specified by color. It just says, beige and brown.
For the future, if this ordinance is passed, there should be an identification number of the color,
that we stay with the same color by all the different firms that will be involved in purchasing the
newsracks. That it is beige. There are ten different colors, beiges. There are ten different
browns. So, somewhere in the ordinance it should be specified the exact color that all of them
are uniformed. The limitation of how many boxes on per area, he mentioned five. Now, getting
back to, Mr. Maxwell. And, I have... over the ten years that I have been on this issue, have
158 March 10, 1998
brought about the amount of money charged. What I am saying is, that we are not in this for a
profit. What we are, in raising monies to have this ordinance in effect and monitored by the
City. That costs money. That costs Public Works money every year to send out certified notices
to have inspections, to go out and make templates. It's money, money, money, and the taxpayers
are paying for this. All I am saying is, that the ten dollars ($10) collected every year, be put into
an account monitored to run this one small department. And, at the end of the year, if there is a
profit, then it goes back. Now, what is wrong with that? It goes back to...
Commissioner Plummer: That's not... That's not our intent. I have no problem with
establishing a maintenance account, but its got to have a cap, and after that, it goes into the
General Fund.
Mr. Garcia -Pedrosa: But, there is a problem with that, Commissioner. And, that is, first of all,
we are required by law as the attorney has told us, to pass things like this on the basis of cost
rather than revenue rates, and we understand that.
Commissioner Plummer: OK.
Commissioner Gort: Let me give you a suggestion. I have seen it done in other ciities. I
brought this four years ago to you here. We need to build in certain places, specific areas where
they can all put it in, that could be very uniform. The funds could be utilized to build those
facilities.
Mr. Garcia -Pedrosa: I don't think we are going to have any problem with the revenue aspect of
this, to the contrary. My concern, Commissioner Plummer, is if you start requiring us to open
additional accounts, the administrative cost begins to mushroom, and we try not to do that
frankly, for that reason.
Commissioner Plummer: So, what are you suggesting?
Mr. Garcia -Pedrosa: I am suggesting you pass the ordinance with the modification that you
mentioned which I think is entirely appropriate. And, we will be more than expending the
revenues for the very reasons stated in monitoring and...
Commissioner Plummer: That's fine. We will try it that way. If it doesn't work, we will come
back and change it.
Mr. Garcia -Pedrosa: Fair enough.
Commissioner Plummer: Is there a drop dead date on this when it becomes effective?
Mr. Kay: After the...
Mr. Garcia -Pedrosa: Well, you have to pass it on second reading, and then 30 days thereafter.
Mr. Kay: Yeah, 30 days thereafter.
Commissioner Plummer: Now, so that there is no screaming and hollering at the last minute,
when are you going to notify those individuals that this is becoming law on "X" date.
Mr. Kay: Right after second meeting, we are going to notify all of the companies.
Mr. Garcia -Pedrosa: The first thing we need to do is to advertise the second reading.
159 March 10, 1998
Mr. Kay: Yeah.
Commissioner Plummer: I understand that.
Mr. Garcia -Pedrosa: That in itself constitutes notice.
Commissioner Plummer: OK. But... Was not this one advertised?
Mr. Garcia -Pedrosa: No, this is the first reading.
Mr. Kay: This is the first reading, right.
Commissioner Plummer: OK. All right.
Commissioner Gort: Yes, sir.
Mr. Jack King: Mr. Chairman, my name is Jack King. I am a publisher of the Coconut Grover,
and I live at 3549 Laquat Avenue in Coconut Grove. Quite frankly, I think this is a much to do
about nothing. I know that Coral Gables has an ordinance in place, and its been challenged, and
it is slightly different than this one. But, I don't think that anybody, especially in Coconut
Grove, and probably the better part of Miami wants to look like Coral Gables. I mean, when do
we have the Fascha police tell us that we can only design certain buildings to look a certain way,
especially in Coconut Grove, where there is a God given right to build an ugly building and then
cover it up with trees. I don't know where you are going with this thing. I have looked around
the Grove, and I don't see hundreds of newsracks all over the place. They just don't exist. The
NET Office (Neighborhood Enhancement Team) in the Grove has done an excellent job over the
past years of retrieving abandoned newsracks. They have been short of help, as of late. But,
before that, they were... they got taken off if they weren't used, if they were abused, were ended
being used as garbage cans. The NET office took them and held on to them for a certain period
of time. As a matter of fact, there are still quite a few of them in the back of the NET office in
the glass house right now. I just, I am at a loss to try to figure out why we are trying to legislate
something like this. I just don't think that it means that much of it. There are a lot of other
pieces in this. There is a bond that you have to place, if you have newsracks. For the Miami
Herald, that is not a big deal. For smaller publishers, it's a very large deal. It's an extremely
large deal. And, I just... Help me out here. I mean, there is... As far as I can tell, one person
has brought this up, and no one else has spoke for or against it, up to this point. No one has
complained bitterly. I don't see it as a major problem. I spoke to the Police Chief today, he
doesn't seem to think that it's a major problem. There haven't been any crisis with newsracks.
We look in here, and there is a part about liability and people being hurt and whatever. I think
you have a far greater chance of being hurt by a fixed newsrack, one that, if somebody runs into
can cause a serious amount of damage than you can ones that are nonfixed. I just... I wish you
all would reconsider this, because... and take a look at the communities and see what you are
doing before you go ahead and do this. I mean, it's easy to pass something when there is not a
lot of opposition to it, and makes it look like you are doing something worthwhile. The reality
is, is this isn't going to halp anybody, and it's one more thing that the City has to maintain, even
if you do have the money, you don't have the bodies to do it. You can barely keep the streets
clean in Coconut Grove right now. We need garbage cans. That's the reason why the newsracks
are used as garbage cans, because there aren't any garbage cans in Coconut Grove. And, we
have a large weekend and nighttime crowd. And, when the... people will put garbage in the cans
if they are there, but we don't have them. So, they put them in the next available receptacle
which is an unused newsrack. So...
Chairman Hernandez: Thank you, Mr. King.
160 March 10, 1998
Mr. King: I just... You know, look at at different place. You have a lot of problems in this
City, and this is not one of them.
Chairman Hernandez: Mr. Manager.
Mr. Garcia -Pedrosa: I guess we see very differently, the pedestrian traffic, particulary in the
areas we intend to have these things. It's impeded when you have large numbers of these things.
They also are frankly a aesthetic hindrance to the City. Cities throughout the United States are
regulating these racks, precisely because of traffic, because of safety and because of a asthetic
considerations.. And, all three of those militate in favor of making our City safer, casier to walk
though in the areas of high pedestrian traffic and frankly prettier.
Commissioner Gort: You might not have any problems here, in Coconut Grove. But, I can tell
you, a lot of the neighborhoods especially in downtown Miami, in Allapattah and in Little
Havana, we do have an amount of that views of those racks. Maybe, in Coconut Grove, because
you don't have some of the newspapers tho go... into the other neighborhoods, you don't have
that problem. But, we do have it throughout the City.
Chairman Hernandez: This is a first reading ordinance. I implore you to bring people that are
against this ordinance, so we can, at least get a better feel of what the community feels about that
newsrack ordinance.
Mr. King: I implore some of you to bring somebody that's in favor of the ordinance. So far, I
haven't... I have heard two people speak in favor of it, or three people. And, of them sit on this
side of the room. It's just... It's not a... You know, asthetics are, I mean, I can go through
Coconut Grove and show you houses that you love, and houses that you hate. And, you know, I
mean, they are all over the place. But, we go through... I have four newsracks in Coconut
Grove. I am a very small publisher. And, through those newsracks, we distribute about 2,000
papers each month, our monthly publication. And, I think we do a public service by letting
people know what's going on here, too. And, you... And, the prices that you want to charge for
this, and the bond that you have to put up... Like I said, the only people that are going to be able
to pay it are the ones, are the large publishers. You are going to be down to probably, New
Times and the Miami Herald. And, after that, you have excised all the... everybody else out.
And, I don't think that that's a particularly fair way of doing it. It's the... If you look at the bond
schedule, it's skewed in favor of somebody with a lot of units.
Commissioner Regalado: Mr. Charman.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Jack, what we can.. could consider, is to make a difference between
daily, weekly and monthly. Becauase, it is the use, right? And, you don't use yours as much as
the Herlad does. They have the early edition and the late edition. And, I think that, it's worth to,
in the next reading, talk about the issue of the bond, and the issue of the charge. Although, the
City may say, well, we are charging you for the space which is similar to what the Herald... You
are right in saying that nespapers like the Herald and the New Times are the ones that are going
to be able to pay and not complain. But, news magazines and weekly magazines likes yours, and
all the Hispanics, are going to have a problem dealing with the bond, and with the payment. So,
I think that... that the money issue should be something that this Commission should consider in
terms of the publication, or the different publications.
Commissioner Plummer: Two things for the record. Number one is, I am informed by the City
Attorney that even though this becomes law in 30 days after the second reading, they have one
year in which to come into compliance. Second of all, I don't know why, that really in fact, this
161 March 10, 1998
is no different that any person that uses public right-of-way, pays a franchise tee, that this should
be any different. The telephone company pays us a franchise fee, Florida Power and Light.
And, why did they pay it? The use over public right-of-way. To my knowledge, most 90
percent of these exists on public right-of-way, and as such, not that we are trying to get any
monies that's going to make this City solvent, but it does give us the right to regulate.
Commissioner Regalado: Yeah, but J.L. You are right, in saying that we need to regulate this.
But, my... my idea is that we should categories, because that's a daily, daily newspapers, and
weekly newspapers are different than...
Commissioner Plummer: I have no problem with that.
Commissioner Regalado: ... the monthly newspapers. And, we should at least...
Commissioner Plummer: I don't have any problem with that.
Commissioner Regalado: ... you know, look into the economics part. I mean, yes, they have to
comply. Yes, they have to have it painted in some color. But, I think that we should understand,
that it is not the same for the Miami Herald or the New Times for that matter, to pay a bond
monthly or yearly fee, than to a weekly or monthly magazine. And, I think that, that's only fair.
That's what I think.
Mr. Maxwell: It may be fair, Commissioner...
Mr. King: Two other things I would like to point out.... Two other things I would like to point
out to you. One, that a lot of the free newspapers have gone to high impact plastic boxes with
round corners for those very reasons. They cut down the maintenance, because the color is all
the way through the plastic if they are scratched, they don't look scratched. They don't hurt
people. We have sloped lids, or sloped tops, so you can't pile anything into it. I mean, there is a
lot of thought been given into this. And, what you are actually telling people to use here, is
something that many, many areas are getting away from. I mean, even daily newspapers are
going to the high impact plastic with the rounded corners, because they have so many problems
with people running into the metal boxes and causing injury. But, that would... That alone, in
the City of Miami. I can't... I couldn't find any, any evidence of a problem with somebody suing
the City for running into a newsrack. The bricks in Coconut Grove are in far worst shape than
the newsracks are.
Chairman Hernandez: Thank you, Mr. King. Sir.
Michael Cohn: Yeah, my name is Michael Cohn, I am the publisher of New Times. And, sorry
that I am late, but I was trying to catch this... I don't know what was discussed so far, but I just
wanted to speak for a few minutes on what I think is important. And, I believe that regulation is
a good idea, but I have some concerns about what's being regulated. There are some things in
this ordinance that will dramatically impact our ability to stay in business. A few of the issues
are the color. I don't know if everybody is looking at the potential problems that the newspapers
will have in not being able to have brand awareness.
Commissioner Plummer: Excuse me, did you say you are from the New Times.
Mr. Cohn: Yes, I am the publisher of Miami New Times.
Commissioner Plummer: You are the publisher?
Mr. Cohn: Yeah.
162 March 10, 1998
Commissioner Plummer: And, did you not concur with the City of Coral Gables when you had
objections to them? Where, this ordinnace is identical to theirs.
Mr. Cohn: Right.
Commissioner Plummer: ... You concurred with the City of Coral Gables, and did not object.
So, I am wondering why, today you are objecting to the City of Miami handling this ordinance,
when in Coral Gables, you did not object? And, it's identical, that's where I got the ordinance
from. So, I hope you will speak to that issue.
Mr. Cohn: I wasn't the publisher at the time that Coral Gables was...
Commissioner Plummer: Oh, OK. I am sorry. OK.
Mr. Cohn: That's OK. Although, from what I am aware, we spent a lot of money and a lot of
time fighting the ordinance and it has been a problem. I mean, our concerns, we think it's... We
think it's very important that, you know, a lot of the issues that the City is looking at, you know
are safety issues, public right-of-way issues are very valid. Some of the concerns that I have are
minor in terms of what you are trying to do. I am not trying to...
Commissioner Plummer: Why don't you write us a letter before the second reading...
Mr. Cohn: OK.
Commissioner Plummer: ... and we can take them into consideration, and the same way when
you lost your litigation in the City of Coral Gables...
Mr. Cohn: Right.
Commissioner Plummer: ... you came back to the table and you reached a compromised
position, and there is no reason you can't do the same here. We'll pass it on first reading here
today, and before second reading comes back, you can come back to this Commission with all of
your ideas, all of your thoughts, and I would hope the administration would compromise as you
did in the City of Coral Gables, so we can go down that road together.
Mr. Cohn: So, basically, my thoughts at this point are...
Commissioner Plummer: You can express them if you want.
Chairman Hernandez: You have got one minute and twenty seconds. Go ahead.
Mr. Cohn: OK, yeah. I would like to... just to let everybody know the way, you know, what we
view the issues are. And, the color of the boxes for myself, the Miami Herald and probably the
other publications are really important. I am a free paper. The only way that people can identify
what we are and where we are is by our color. We have 150 boxes in Miami. We use this to
brand ourselves. Just like Kodak sued over somebody else using their yellow, the New Times
red is a way that people identify us when they are driving in their cars. Our paper serves a very
valuable... We are very imnportant to Miami. We help the businesses keep going. I mean
everybody is interested in maintaining businesses. The restaurants, the retailers, all depend on
US.
Commissioner Plummer: No commercials.
163 March 10, 1998
Mr. Cohn: Pardon.
Commissioner Plummer: No commercials.
Mr. Cohn: No commercials. But, they depend on us to stay in business. If the community has a
difficult time finding my boxes, which they do in Coral Gables, because we blend in, it hurts us.
And, another issue is by being bound to the ground, we lose the ability to make moves based on
traffic patterns. In Coral Gables, we don't have any flexibility. We would like to maintain the
flexibility, and I think that we could probably work together to come up with some regulation
that works with what you want. If you feel that you only want four boxes at a corner, we all can
do that. And, I think we can do that...
Commissioner Plummer: Fine.
Mr. Cohn: ... in the first phase. And, if doesn't work...
Commissioner Gort: Fine.
Mr. Cohn: ... we can move forward to something more dramatic.
Commissioner Plummer: Red and yellow.
Chairman Hernandez: Thank you, very much, sir. Roll call, please.
Mr. Maxwell: Mr. Chairman, may I please...
Chairman Hernandez: Yes.
Mr. Maxwell: ... address, Commissioner Regalado's point just so... because I know you will be
probably talking to the public between first and second reading on this, and I would like to give
him some guidance on that?
Chairman Hernandez: Sure.
Mr. Maxwell: And, that is, that the issue he raised regarding whether or not he could charge a
different bond to different newspapers based on the fact that they are not as economically strong
or viable as others. And, I can tell you, when you start making those type distinctions in an
ordinance of this type, you are sowing the seeds of its distruction. We cannot support that, no
matter how... You point out... You are correct, it may be a fair thing to do, but I do not think it
is the legally correct thing to do. And, you must charge... It's going to cost the same amount to
regulate a weekly newspaper as it costs to regulate a daily. And, the bond should be the same for
that. And, when you charge a different amount, we are going to lose in court on that.
Commissioner Regalado: Let me ask you this. Can we...? I have got two questions. First of all,
can we waive the bond for any kind of publication?
Mr. Maxwell: No, you can say that you don't want a bond.
Commissioner Regalado: No, no, no.
Mr. Maxwell: You have a bond provision in there.
Commissioner Regalado: I am saying, charge to one, to a daily and waive to a monthly. Can we
do that?
164 March 10, 1998
Mr. Maxwell: All right, I think what you have just... That's a distinction without a difference
from what you said before. If you do that, we don't have a rational basis for doing that, because
any criteria you would use, I suggest to you...
Commissioner Regalado:
OK, now I got...
Mr. Maxwell: ... would not be defensible.
Commissioner Regalado:
... another question. Would it be legally feasible to do barter with
those publications?
Commissioner Plummer:
Barters?
Commissioner Regalado:
Yes.
Commissioner Gort: Change
the fee for...
Commissioner Plummer:
Oh, you mean, advertising dollars, soft dollars?
Commissioner Regalado:
Uh-huh. Uh-huh.
Mr. Maxwell: I don't know. That's an interesting concept. We have to look into that, because...
Commissioner Regalado:
Let me tell you, because...
Mr. Maxwell:... it may be possible, we could look into that and see, but it's...
Commissioner Regalado:
Right. We are...
Commissioner Plummer:
Yeah.
Commissioner Regalado: We are... We need to advertise. We need to advertise. OK, they want
the service. We... by law we need to advertise in different publications. Now, my question is,
can we defray the cost of what the City Clerk has to pay to the Herald by charging the Herald
some amount of money, monthly or yearly. I mean, for them... For them it's going to be some
money that they will not earn, but that will be some money that they will not have to expend.
And, for us, it's money that we don't have to charge, but it's money that we have to pay,
anyway. So....
Mr. Maxwell: Well... No, you are. You would still be charging it, but it's the way they pay
that's different.
Commissioner Regalado: No, no. What I am saying is, what I am saying is, we don't have to go
through the process of... if, how about if you don't pay? How about if, Jack King doesn't pay,
you know? Things like that. He won't, probably. But, what I am saying is, what...? Can we
consider the idea of barter.
Commissioner Plummer: You know, it's amazing to me that we are trying to beautify our City
and make it look good, and are spending this much time, arguing. You know, it's not like we are
trying to dirty the City. It's not like we are trying make things worse. This thing is something...
If you go to the City of Coral Gables, it's nice, it's an appearance, it's safe. And, why are we...?
I don't understand.
165 March 10, 1998
Mr. Cohn: South Miami has just adopted this program, two months ago. They are the same as
Coral Gables today.
Commissioner Regalado: But, J.L., I am not saying that we shouldn't do it. I am saying that if
we do it, can we use that scenario to use...
Mr. Maxwell: They are bond...
Commissioner Regalado: ... advertising...
Commissioner Plummer: Sure.
Commissioner Regalado: ... time or space in newspapers.
Mr. Maxwell: To pay the bond?
Commissioner Regalado: Yes.
Mr. Maxwell: The bond is only fifty dollars ($50).
Commissioner Regalado: OK.
Unidentified Speaker: For us a thousand dollars ($1,000) for one to twenty-five. Look on
page...
Chairman Hernandez: Under discussion.
Vice Chairman Teele: Mr. Clerk, how long have we been on this item?
Chairman Hernandez: At least 32 minutes.
Commissioner Plummer: Too long.
Chairman Hernandez: More than some of the CDBG (Community Development Block Grant)...
Vice Chairman Teele: Mr. Charirman. Mr. Chairman, if I may to the Manager? Mr. Manager,
why are you doing this?
Mr. Garcia -Pedrosa: Why are we doing what, sir?
Vice Chairman Teele: Mr. Clerk, what item are we on?
Mr. Walter J. Foeman (City Clerk): Agenda Item 13.
Mr. Garcia -Pedrosa: It's the newsrack ordinance. We disucssed earlier, Commissioner Teele,
while you were away from the dais...
Vice Chairman Teele: No, I...
Mr. Garcia -Pedrosa: ... the three basic purposes, flow of pedestrian traffic...
Vice Chairman Teele: I mean, but is this something we really ought to be doing now? How
much money is it going to take to implement this regulation?
166 March 10, 1998
Commissioner Plummer: Shouldn't take any if the monies generated will produce enough to
monitor.
Mr. Garcia -Pedrosa: The amount of the fee, I hope.
Vice Chairman Teele: How much is the fee?
Mr. Garcia -Pedrosa: A fifteen dollar ($15) fee.
Mr. Kay: Well, right now, as the ordinance states, right now, it's fifty dollars ($50) per
newsrack plus a ten dollar ($10) publisher fee per newsrack.
Mr. Garcia -Pedrosa: And, that will be charged out of...
Vice Chairman Teele: And, so you really expect the Miami Times... I can only speak for the...
You really expect the Miami Times to be able to pay fifty dollars ($50) a rack, just to be able to
put their message out here?
Chairman Hernandez: New Times.
Vice Chairman Teele: I could care less. The New Times doesn't use a nice picture of me, so I
am not going to fight their battle. This applies to all of the newspapers, is that right?
Commissioner Plummer: Absolutely.
Mr. Kay: Yes, sir.
Vice Chairman Teele: I mean, with all due respect, New Times is fine, but if they would change
my picture, I would be more inclined to be concerned. But, in all seriousness, Mr. Manager, I
mean look, we just said we have how much in liens? Last month, last week? Mr. Attorney,
didn't we say we have one hundred million dollars ($100,000,000) in liens?
Commissioner Plummer: Over.
Mr. Maxwell: Yes, sir. It's very expensive.
Chairman Hernandez: Code Enforcement.
Vice Chairman Teele: Code Enforcement liens. I mean ,the last thing we need right now is
another law that is going to be difficult to enforce, it's going to be costly. And, read this, just
read this. Section 54-269. "A newsrack shall be a single pedestal, TK80PM..." And, it goes on
and on and on. And, it says that "newsracks shall have a glossy round pedestal. Gloss beige
sides and doors. Gloss brown coin box. The height of the rack shall be" and it goes on talk
about" it shall be maintained in good order, freshly painted with unbroken hood." I mean, are we
serious? I mean...
Commissioner Plummer: I hope we are.
Mr. Garcia -Pedrosa: Commissioner, I am sure that you are...
Vice Chairman Teele: ... this is a City that has got one hundred million dollars ($100,000,000)
of liens that we can't enforce, that's broke, dead butt broke. And, now we are going to pass a
law like this. I mean, you know, look, I am here to be a Commissioner, but I just think we need
to be very, very careful. We are playing games now. And, if this were a City like Coral Gables...
What's the millage in Coral Gables? Four mills, four point five mills?
167 March 10, 1998
Commissioner Plummer: That's correct.
Vice Chairman Teele: OK. I mean, we are a broke City. We are ten mills, and now we are
looking for somebody else to try to legislate around. It's going to cost us more money to
implement the thing, and all that's going to happen is, when somebody is being regulated, they
are going to scream bloody murder that we are abridging their first amendment right. The first...
And, it's not going to be the New Times, with all due respect, because the New Times is going to
be able to do it. It's going to be a paper in Little Havana. It's going to be a paper in Liberty
City, that's not going to have the money to do this. So, we got a big law on the book, and you
say, go take the rack down? Come on, that's...
Commissioner Regalado: That's why I raised the issue. The economic issue.
Vice Chairman Teele: I mean, you know. I mean, it sounds good. It works in Coral Gables.
You know, Coral Gables has got the prettiest city in the south. They have got more sidewalks.
They have got beautiful plantings. They have got a millage rate of four mills. I mean, we are
not Coral Gables, let's face it. We are struggling to survive. The last thing we need is some
Code Enforcement guy running around here now, with a scope looking up newspaper racks. I
just can't support it. I think it doesn't make sense. We have got, you know, thousands of unkept
vacant lots all over the City of Miami, and now we are going to start looking at newspaper racks.
I can't get serious with this.
Commissioner Regalado: That's why I rasied the economic issue of
Chairman Hernandez: OK, I call the question at this time. There is a motion, a second. We
have read the ordinance, can you roll call, please?
Mr. Maxwell: No, sir. I didn't read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll Call.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Gort: Yes.
Commissioner Plummer: Yes.
Commissioner Regalado: Yes.
Vice Chairman Teele: No, sir.
Chairman Hernandez: Yes.
168 March 10, 1998
An Ordinance entitled -
AN ORDINANCE REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC
RIGHTS -OF -WAY IN THE CITY OF MIAMI BY REPEALING EXISTING ARTICLE
VII OF CHAPTER 54 OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, PERTAINING TO SUCH REGULATION AND SUBSTITUTING, IN
LIEU THEREOF, A NEW ARTICLE VII IMPOSING SAFETY AND AESTHETIC
RESTRICTIONS RELATED THERETO; PROVIDING FOR PURPOSE; PROVIDING
DEFINITIONS; PROVIDING FOR NEWSRACK CERTIFICATION PROCEDURES
AND FEES; REQUIRING INSURANCE AND INDEMNIFICATION;
ESTABLISHING STANDARDS FOR OPERATIONS, PLACEMENT AND
INSTALLATION OF NEWSRACKS; PROVIDING FOR ENFORCEMENT AND
APPEALS; MORE PARTICULARLY BY REPEALING SECTIONS 54-261
THROUGH 54-269 AND SUBSTITUTING NEW SECTIONS 54-261 THROUGH 54-
273; PROVIDING DIRECTIONS FOR TRANSMITTAL OF COPIES OF THIS
ORDINANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: Vice Chairman Arthur E. Teele, Jr.
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.
Commissioner Plummer: And, just for the record. Sir of the New Times, and anyone else, Jack,
if you have some suggestions, I would hope that you would make them in writing to this
Commission as for consideration on March the 24th.
Mr. Jack King: Let me give you one right now that you did not address. In front of Coco Walk,
you have the One World United and Shabbadabbadoo Church. That under the guise of the first
amendment is selling T-shirts. Tell me, what are you going to do about that one, because we
want the same play they get.
Commissioner Plummer: And, the minute you put a collar on and get holy, the opposite way
you live today, we will do it for you.
Mr. King: Thank you, sir. I don't think that's going to happen nor with you. But, it's a first
amendment consideration. And, the City of Miami has passed on that completely.
Commissioner Plummer: We haven't passed. I raised the question a year ago. I was told that
we had no power to eliminate. But, the question was raised without any hesitation, and they are
there. And, according to the Law Department, there is nothing we can do.
169 March 10, 1998
----------------------------------------------------------------------------------------------------------------
19. BRIEF COMMENTS FROM ELEANOR KLUGER ON NEED TO ADOPT
RECOMMENDATIONS OF COMMUNITY DEVELOPMENT ADVISORY
BOARD IN REFERENCE TO COMMUNITY DEVELOPMENT BLOCK
GRANT CONSOLIDATED PLAN ALLOCATIONS -- SEE LABELS 6, 8, 10.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Move.
Commissioner Plummer: Next item.
Chairman Hernandez: Before we move on to resolutions. Ms. Kluger.
Mr. Eleanor Kluger: Yes.
Commissioner Plummer: Where on item 14?
Chairman Hernandez: Yes.
Ms. Kluger: Maybe, I am a little bit slow, but I think I understood that you passed all of this
paperwork, except for Economic Development.
Commissioner Plummer: No, we passed Economic Development with one amendment.
Ms. Kluger: One exception.
Commissioner Plummer: Item 26.
Ms. Kluger: Right.
Commissioner Plummer: That is changed. And, two hundred and twenty-five thousand dollars
($225,000) is brought over into the approval side, and we left it to the Manager's discretion to
find what would be given to make that whole.
Ms. Kluger: And, all Social Services and Public Facility Improvements, was it passed?
Commissioner Plummer: All of that was passed on the City staff recommendations.
Ms. Kluger: Staff recommendations. Well, then my...
Commissioner Plummer: Subject to a meeting of a continuation of this board on March the 29th
at high noon.
Commissioner Regalado: No, March the 19th.
Ms. Kluger: Right.
Commissioner Plummer: Nineteenth. I am sorry, 19th.
Ms. Kluger: OK. We have a problem with that, in that the community board that was elected
from the communities, the board, has voted that if you accept City staff's recommendations the
170 March 10, 1998
way they are, that we would not sign off. We will not be a party. You need us, you need the
community people to sign your paperwork that you send to the federal government. And, we
have voted that we will not stand for you all just arbitrarily taking City staff's word for it, when
we have spent, maybe 1,0000 hours going over all of this. Commissioner Teele tried to help us.
He, at least came a little bit closer to what we were doing, and you did not go line by line
looking at these...
Commissioner Plummer: Eleanor, you didn't listen. Let me clarify it for you.
Ms. Kluger: OK. Go ahead. I don't want to be argumentative.
Commissioner Plummer: It was said for the purposes of moving on and giving time to give
thought, that we could accept the City staff's recommendation with the full intent that at the next
meeting on the 19th, that we can change any allocations. We can change over to the committee
recommendations. We can do a combination thereof. So, this is not the final action of this
Commission.
Chairman Hernandez: Thank you, very much.
Ms. Kluger: OK.
Chairman Hernandez: Item 14. We need to move on.
Mr. Jose Garcia -Pedrosa: Item 14 is...
Chairman Hernandez: Item 14.
Commissioner Plummer: I hope, Eleanor, that when you say that you won't sign off that you are
not saying, it's either our way or no way, and that we will say to the City, you get no funds if you
don't do it our way.
Ms. Kluger: No, no.
Commissioner Plummer: I hope that's not what I am listening to.
Ms. Kluger: I don't mean to be threatening about this. And, I don't think that you should take it
that way.
Commissioner Plummer: OK.
Ms. Kluger: But, certainly, I cannot disappoint the people that have elected me to this position.
And, at seven o'clock in the evening when everyone has gone home, thinking that they are being
considered and they have been spending the day here, and they have been spending at least two
days with Commissioner Teele, going over this word by word, that you don't automatically at
seven o'clock in the evening say, City staff, OK, we are going to take yours. And, as long as you
say that we still have a chance...
Commissioner Plummer: OH, absolutely.
Ms. Kluger: ... to be in the running...
Commissioner Plummer: That's what we are coming back on the 19th for. The 19th will be a
special meeting.
171 March 10, 1998
Commissioner Gort: We have a special meeting on the 19th.
Ms. Kluger: ... then we can go home and face our constituents.
Commissioner Plummer: The 19th will only be for this issue.
Ms. Kluger: OK, because there is a lot of good projects in here. And, I sure you have heard a lot
of them, today. So, thank you, Commissioners.
Chairman Hernandez: Thank you, very much.
END OF DISCUSSION -- NO ACTION TAKEN
NOTE FOR THE RECORD: At this point, Commissioner Plummer
introduces his daughter, Jonie Plummer.
Chairman Hernandez: Item 14.
Mr. Jose Garcia -Pedrosa: Item 14, is a resolution ratifying a...
Commissioner Plummer: Mr. Chairman. Mr. Chairman, if I may?
Chairman Hernandez: Yeah.
Commissioner Plummer: Special Privilege. May I introduce you to my daughter who has just
graduated from Florida Atlantic University, unfortunately with a Political Science degree, who is
now, unfortunately going back into a Masters program. Come in, come on. We have got to get
you on television. Come on, up here with your daddy. Come up, here. She is going for a Public
Administration so she can replace the City Manager.
Mr. Jose Garcia -Pedrosa: Political Science 101.
Commissioner Plummer: Come here, Jonie. Come here, come here.
Mr. Garcia -Pedrosa: How long is that program?
Commissioner Plummer: You have two years, Mr. Manager.
Mr. Garcia -Pedrosa: Oh.
Chairman Hernandez: Does she live in the City? We are looking for a Mayor.
Commissioner Plummer: She lives on Halacy. [phonetic] And, I would like to take this
opportunity to introduce my youngest and prettiest, and oldest and the ugliest. Turn around, so
the camera can see you. Thank you. Jonie Plummer. [APPLAUSE] And, there is no money.
Go back, my crew is in the office. We'll tell you like we told everyone else today, no money.
Vice Chairman Teele: Jonie, I hope you live in his district.
Chairman Hernandez: Yeah.
172 March 10, 1998
Commissioner Plummer: Thank you, Mr. Chairman.
----------------------------------------------------------------------------------------------------------------
20. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- AUTHORIZE
EXPENDITURE INCREASE OF $226,000 TO TOTAL OF $750,000 -- FOR
CITYWIDE AUTOMOTIVE PARTS AND ACCESSORIES FROM 18
VENDORS -- FOR GENERAL SERVICES ADMINISTRATION/ POLICE /
FIRE -RESCUE -- ALLOCATE FUNDS FROM GENERAL SERVICES
ADMINISTRATION ACCT. 509000.42000901.6.702 AND
503001.420905.6. 702.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 14.
Mr. Jose Garcia -Pedrosa: Item 14 is a resolution ratifying an emergency finding by the City
Manager in connection with emergency repairs to the City's Solid Waste cranes and trucks.
Commissioner Plummer: Where are we? What item?
Commissioner Gort: Move it.
Mr. Garcia -Pedrosa: Fourteen. Ratifying the findings.
Vice Chairman Teele: Second Mr. Gort's motion.
Commissioner Gort: Discussion. My understanding...
Vice Chairman Teele: And congratulations, Mr. Manager.
Mr. Garcia -Pedrosa: It wasn't my finding, but thank you, on behalf of the administration.
Commissioner Gort: My understanding with this, we should be able to get most of the vehicles
outside... outside to provide services.
Mr. Garcia -Pedrosa: Yes, sir. Again, my problem here had been primarily, parts. These were
ordered back in December.
Commissioner Gort: OK.
Commissioner Plummer: Just for the record. I am voting for it, but I am tired of increasing
every time, bids. It's giving the perception to the public that we are giving a low bid, and then
we turn around and we increase the bid, which is much more than what the second bidder was.
It's called low balling. I don't like it. I am voting for it, but I don't like it. And, I am going to
raise hell every time you do it. I got seven more times, today. Call the roll. It's a resolution,
call the roll. I moved it. Is anybody else here. I moved 14. Is there...?
Commissioner Gort: I second it, I moved it first. Second.
Commissioner Plummer: Mr. Vice Chairman, you are running the meeting.
Vice Chairman Teele: Commissioner Gort moved on it. Seconded it. All those in favor?
173 March 10, 1998
The Commission (Collectively): Aye.
Vice Chairman Teele: Is there a discussion? Now this is an item. Did the Finance Department
sign off on this? The memo I have, again, doesn't have any final... It has the department,
General Service Administration, approved by Budget.
Mr. Garcia -Pedrosa: The Budget approved it, sir. That's...
Vice Chairman Teele: So, Finance does not approve?
Mr. Garcia -Pedrosa: No sir. What the Budget Department does is to certify that the matter is
within the budget. Finance would pay, if approved.
Vice Chairman Teele: All those in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All opposed?
Mr. Garcia -Pedrosa: It needs a four -fifths, and the record should so reflect.
Commissioner Plummer: Well, you... Didn't you hear them, Mr. Chairman, he said, yes. I vote,
yes.
Vice Chairman Teele: Call the roll, Mr. Clerk.
Mr. Walter J. Foeman: Roll call.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Vice Chairman Teele: Yes, sir.
Chairman Hernandez: [inaudible -- off microphone]
174 March 10, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-251
A RESOLUTION WITH ATTACHMENT(S), 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 EMERGENCY CIRCUMSTANCES AND AUTHORIZING AN INCREASE IN
THE AMOUNT OF EXPENDITURES APPROVED PURSUANT TO RESOLUTION
NO. 97-322, IN AN AMOUNT NOT TO EXCEED $226,000.00, FOR THE
FURNISHING OF CITYWIDE AUTOMOTIVE PARTS AND ACCESSORIES FROM
EIGHTEEN (18) VENDORS, AS MORE PARTICULARLY LISTED IN "EXHIBIT A",
ATTACHED HERETO AND INCORPORATED HEREIN, FOR THE
DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION, FIRE -RESCUE
AND POLICE, UTILIZING EXISTING DADE COUNTY CONTRACT NO. 1070-3/02-
TR-CW, THEREBY INCREASING THE TOTAL ANNUAL AMOUNT FOR SAID
EXPENDITURES FROM $524,000.000 $750,000.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FY '98-98 OPERATING BUDGET, ACCOUNT CODE NOS.
509000.420901.6.702 AND 503001.420905.6.702.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
----------------------------------------------------------------------------------------------------------------
21. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- AUTHORIZE
EXPENDITURE INCREASE OF $5,500.00 MAXIMUM FOR A TOTAL OF
$44,500 -- FOR CITYWIDE HEAVY EQUIPMENT WELDING
FABRICATIONS FROM HYDRAULIC SALES & SERVICE / J. C.
INDUSTRIAL MANUFACTURE / B&B WELDING / GENERAL WELDING
SERVICES -- ALLOCATE FUNDS FROM GENERAL SERVICES
ADMINISTRATION ACCT. 590000.420901.6.670.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The same remarks on item 15. Here we are, increasing this amount by
forty-four thousand five hundred dollars ($44,500). Perception out in the public, it's low balling.
I move it. It's got to be done.
Commissioner Gort: Second.
175 March 10, 1998
Commissioner Plummer: Bad, bad, forecasting.
Vice Chairman Teele: Moved by the... Moved by the...
Commissioner Plummer: Objector.
Vice Chairman Teele: Commissioner Plummer, seconded by Commissioner Gort. Is there
objection? All those in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All those opposed, say no? Please reflect, Commissioner Hernandez
votes in the affirmative and Commissioner Regalado is off the dais.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-252
A RESOLUTION WITH ATTACHMENT(S), 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 EMERGENCY CIRCUMSTANCES AND AUTHORIZING AN INCREASE IN
THE AMOUNT OF EXPENDITURES APPROVED PURSUANT TO RESOLUTION
NO. 96-924, IN AN AMOUNT NOT TO EXCEED $5,500.00, FOR THE FURNISHING
OF CITYWIDE HEAVY EQUIPMENT WELDING FABRICATIONS FROM
HYDRAULIC SALES AND SERVICE, J.C. INDUSTRIAL MANUFACTURE, B&B
WELDING AND GENERAL SERVICES ADMINISTRATION AND FIRE -RESCUE,
UTILIZING EXISTING DADE COUNTY CONTRACT NO. 043900/00, THEREBY
INCREASING THE TOTAL ANNUAL AMOUNT FOR SAID EXPENDITURES
FROM $44,500.00 TO $50,000.00; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FY '97-98
OPERATING BUDGET, ACCOUNT CODE NO. 509000.420901.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
176 March 10, 1998
----------------------------------------------------------------------------------------------------------------
22. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- AUTHORIZE
EXPENDITURE INCREASE OF $25,000.000 FOR TOTAL OF $75,000 --- FOR
CITYWIDE LAWN EQUIPMENT AND REPLACEMENT PARTS FROM 11
VENDORS -- ALLOCATE FUNDS FROM ACCT. 509000.420901.6.702.
Vice Chairman Teele: The next item.
Commissioner Plummer: Item 16. Here we go again, same comments. Another increase of
twenty-five thousand dollars ($25,000). Perception is bad. I move it.
Commissioner Gort: Second.
Vice Chairman Teele: Moved by Commissioner Plummer, seconded by Commissioner Gort. Is
there objection? All those in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All those opposed, say no?
177 March 10, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-253
A RESOLUTION WITH ATTACHMENT(S), 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 EMERGENCY CIRCUMSTANCES AND AUTHORIZING AN INCREASE IN
THE AMOUNT OF EXPENDITURES APPROVED PURSUANT TO RESOLUTION
NO. 97-922, IN AN AMOUNT NOT TO EXCEED $25,000.00, FOR THE
FURNISHING OF CITYWIDE LAWN EQUIPMENT, AND REPLACEMENT PARTS
FROM ELEVEN (11) VENDORS, AS MORE PARTICULARLY LISTED IN
"EXHIBIT A". ATTACHED HERETO AND INCORPORATED HEREIN, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, UTILIZING
EXISTING DADE COUNTY CONTRACT NO. 5079-2/99-2, THEREBY
INCREASING THE TOTAL ANNUAL AMOUNT FOR SAID EXPENDITURES
FROM $50,000.000 $75,000.00; ALLOCATING FUNDS THEREFOR ACCOUNT
CODE NO. 509000.420901.6.702.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
178 March 10, 1998
----------------------------------------------------------------------------------------------------------------
23. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- AUTHORIZE
EXPENDITURE INCREASE OF $67,000.000 -- FOR CITYWIDE MOBILE
EQUIPMENT REPLACEMENT PARTS & SERVICES FROM 44 VENDORS FOR GENERAL SERVICES ADMINISTRATION AND FIRE -RESCUE --
ALLOCATE $250,000 TOTAL FROM ACCT. 509000.420901.6/702.
Commissioner Plummer: We are on 17. We are increasing this one by sixty-seven thousand
dollars ($67,000). Very, very poor projection. I move it. We have got to do it.
Vice Chairman Teele: Moved by Commissioner Plummer. Seconded by Commissioner...
Commissioner Gort: Second.
Vice Chairman Teele: ... Gort. Is there objection? All those in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All opposed? Please reflect the same four votes.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-254
A RESOLUTION WITH ATTACHMENT(S), 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 EMERGENCY CIRCUMSTANCES AND AUTHORIZING AN INCREASE IN
THE AMOUNT OF EXPENDITURES APPROVED PURSUANT TO RESOLUTION
NO. 96-923, IN AN AMOUNT NOT TO EXCEED $67,000.00, FOR THE
FURNISHING OF CITYWIDE MOBILE EQUIPMENT REPLACEMENT PARTS
AND SERVICES FROM FORTY-FOUR (44) VENDORS, AS MORE
PARTICULARLY LISTED IN "EXHIBIT A", ATTACHED HERETO AND
INCORPORATED HEREIN, FOR THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE, UTILIZING EXISTING DADE COUNTY
CONTRACT NO. 5380-2/00, THEREBY INCREASING THE TOTAL ANNUAL
AMOUNT FOR SAID EXPENDITURES FROM $183,000.00 TO $250,000.00;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION FY '97-98 OPERATING BUDGET, ACCOUNT
CODE NO. 509000-420901.6.702.
179 March 10, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
----------------------------------------------------------------------------------------------------------------
24. AMEND R98-222 -- RESCIND / DELETE SECTION 2 ENTIRELY: DIRECT
CITY MANAGER TO INCLUDE FUNDING TO COVER COST FOR
BENEFITS FOR CITY COMMISSIONERS -- FURTHER PROVIDE THAT
BENEFITS FOR CITY ATTORNEY AND CITY CLERK REMAIN SAME AS
THEY EXISTED PRIOR TO OCTOBER 1, 1997.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Eighteen, I move it.
Mr. Jose Garcia -Pedrosa: Eighteen is Commissioner Regalado's motion, and I don't see him on
the...
Commissioner Plummer: No. Hey, we can all agree on it.
Mr. Garcia -Pedrosa: This is the elimination of...
Commissioner Plummer: We are all in favor of it. I move 18.
Commissioner Gort: But, wait a minute. I just...
Commissioner Plummer: What?
Commissioner Gort: I think we should go through it, to make sure you explain who is
eliminated out of those benefits and so on.
Commissioner Plummer: I just wanted to be out of here.
Commissioner Gort: Yeah, I understand. But that's big issues.
Mr. Garcia -Pedrosa: Let me say, let the City Attorney who drafted it explain exactly what he's
done. What do you want me to...
Commissioner Plummer: One of you do it. But, don't...
Mr. Garcia -Pedrosa: It eliminates the City Commissioners from the package of benefits that I
was awarded. And, also restates that the City Attorney, City Clerk... Commissioner Regalado.
180 March 10, 1998
The City Attorney and the City Clerk retain the same benefits that they had prior to October 1,
1997.
Commissioner Plummer: That's not my understanding. My understanding, that this rescinds the
entire...
Mr. Garcia -Pedrosa: No, this modifies. It amends the ordinance. It doesn't rescind it.
Commissioner Gort: No, modifies. That's why I wanted it to be explained.
Vice Chairman Teele: Mr. Clerk, Mr. Attorney, as it relates to the City Attorney and the City
Clerk, are there benefits that they had on October 1, retained?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Yeah. It says... Yes. It says the City
Attorney and the City Clerk shall retain all benefits as they previously existed prior to October 1,
1997.
Vice Chairman Teele: As it relates to the City Commission, are the benefits that they previously
had retained?
Mr. Maxwell: No. It doesn't affect any benefits that you had in... prior to October the 1st 1997.
It... What is does, it deletes the benefit package that you got, meeting passed.
Vice Chairman Teele: All right, let me ask the question again. Are the City Commission
benefits package prior to October 1st, changed?
Mr. Maxwell: No.
Vice Chairman Teele: Are they repealed?
Mr. Maxwell: No.
Vice Chairman Teele: The only person affected by this benefit package is the City Manager?
Mr. Maxwell: Well, no. This also rein... This resolution right here, would reinstate the benefits
that the City Clerk and the City Attorney had been denied by previous resolution.
Vice Chairman Teele: By error. By omission.
Mr. Maxwell: Yes, sir.
Commissioner Plummer: I'm... I'm...
Vice Chairman Teele: Commissioned by... Motion by Commissioner Regalado.
Commissioner Plummer: Wait, wait, wait, wait. I am almost to the point of wanting to defer
this here, because this is not what I understood. It was my understanding that we were going to
delete this in its entirety and then start afresh. Now, that was my understanding.
Mr. Garcia -Pedrosa: Well, I think the City Attorney drafted what he was told to draft. He was
told to draft an amendment to the ordinance which deleted completely the additional benefits for
the City Commission, and he's done that.
Mr. Maxwell: Which has happened. And, it all...
181 March 10, 1998
Mr. Garcia -Pedrosa: And, to clarity...
Commissioner Plummer: Well, I understand what you are saying, but let me tell you something.
My personal, I would rather delete it and start clean.
Commissioner Regalado: J.L.
Commissioner Plummer: Hey, I'll vote for this, all right. But, I think that...
Vice Chairman Teele: A motion by Commissioner Regalado...
Commissioner Plummer: ... this whole damn thing was so screwed up.
Chairman Hernandez: Second.
Vice Chairman Teele: Seconded by the Chairman. All those in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All opposed?
Commissioner Plummer: Now, is it behind us?
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Teele: Yeah.
Commissioner Plummer: Yeah, fine. I want to see how it's going to read in the Herald,
tomorrow.
Vice Chairman Teele: Well...
Commissioner Plummer: Not that L. Not that I give a damn.
Commissioner Regalado: Well, it's going to read, it's going to read that it was, if they write it
right.
Vice Chairman Teele: If it's the real story, it wouldn't even read.
Commissioner Regalado: Right, right, if they write the real thing.
Commissioner Plummer: Tomas this thing was so screwed up, that it was incredible for anybody
to really understand, and that's how it got through in the form that it did. And, I am not going to
sit here and lie, that I was confused without any question whatsoever. I was standing over there
when the roll was called, and I understood it one way, and it came out another. So...
Commissioner Gort: Well, let me tell it to him. And, I think it's good to clarify this. My
understanding in going through... And, I think, Commissioner Teele in the questions that he
asked, he clarified it quite a bit. There was a package that was proposed, and certain... different,
three different scenarios. There was one, two and three. And, in package one, everybody was
included. The Commissioners, the Manager and the Assistant City Manager. And, we always
said, the Commission would not be a part of that, because that was not part of the resolution that
was passed.
182 March 10, 1998
Chairman Hernandez: Right.
Commissioner Gort: Then, my understanding is, the other people picked up a different package
that was part of the... And, that's where they got the idea of lap tops and all the things that we
were supposed to have gotten.
Mr. Garcia -Pedrosa: That's what we have learned.
Commissioner Gort: So...
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-255
A RESOLUTION WITH ATTACHMENT, AMENDING RESOLUTION NO. 98-222,
ADOPTED FEBRUARY 24, 1998, BY RESCINDING AND DELETING SECTION 2
IN ITS ENTIRETY, WHICH SECTION FORMALIZED MOTION NO. 98-102,
ADOPTED FEBRUARY 10, 1998, WHICH DIRECTED THE CITY MANAGER TO
INCLUDE IN THE PREPARATION OF THE FISCAL YEAR 1998-1999 BUDGET,
FUNDING TO COVER THE COSTS OF CERTAIN BENEFITS TO BE RECEIVED
BY THE MEMBERS OF THE CITY COMMISSION, EFFECTIVE OCTOBER 1, 1998;
FURTHER PROVIDING THAT THE BENEFITS RECEIVED BY THE CITY
ATTORNEY AND THE CITY CLERK SHALL NOT BE THE CATEGORY 1
PROPOSED BENEFITS AS SHOWN ON THE ATTACHMENT, AND FURTHER,
PROVIDING THAT THE CITY ATTORNEY AND CITY CLERK SHALL RETAIN
ALL BENEFITS AS THEY PREVIOUSLY EXISTED PRIOR TO OCTOBER 1, 1997.
(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.
183 March 10, 1998
----------------------------------------------------------------------------------------------------------------
25. GRAND COMMUNITY REDEVELOPMENT AGENCY (CRA) RIGHT TO
USE PROPERTY UNDER 1-95 BETWEEN N.W. 7TH AND N.W. 8TH
STREET -- FURTHER AUTHORIZE CITY MANAGER TO ENTER INTO
INTERLOCAL WITH CRA TO IMPLEMENT RESOLUTION.
Commissioner Gort: Nineteen.
Vice Chairman Teele: Nineteen.
Mr. Jose Garcia -Pedrosa (City Manager): Item 19, is Commissioner Teele's... Vice Chairman
Teele's resolution concerning utilization of property by the Community Redevelopment Agency.
Commissioner Gort: Move it.
Vice Chairman Teele: Mr. Chairman, I would like permission to move the motion.
Commissioner Regalado: Second.
Chairman Hernandez: There is a motion on the floor, and there is a second. All those in favor
say "aye."
The Commission (Collectively): Aye.
Commissioner Regalado: And, by they way, Vice Chairman, I was there the other day, the
theater. And, this looks very... This area looks much better now.
Vice Chairman Teele: Thank you, and it really does. And, the City Police Department and Off-
street Parking deserve a lot of credit.
184 March 10, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-256
A RESOLUTION GRANTING THE COMMUNITY REDEVELOPMENT AGENCY
(CRA) THE RIGHT TO UTILIZE THE PROPERTY UNDER 1-95 BETWEEN N.W.
7TH AND N.W. 8TH STREETS, WHICH WAS RECENTLY USED BY THE POLICE
DEPARTMENT TO STORE IMPOUNDED VEHICLES, FOR CULTURAL AND
COMMUNITY ORIENTED ACTIVITIES FOR A PERIOD EQUAL TO THE TIME
SAID PROPERTY WAS PREVIOUSLY UTILIZED BY THE POLICE
DEPARTMENT, SUBJECT TO ANY EXISTING RESTRICTIONS AND
LIMITATIONS; FURTHER, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE CRA, FOR PURPOSES NECESSARY TO EFFECTUATE
THIS RESOLUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
26. GRANT $25,000 IN MATCHING FUNDS TO BAKEHOUSE ARTS
COMPLEX WITH CONDITIONS.
Chairman Hernandez: We move to the discussion items.
Mr. Jose Garcia -Pedrosa (City Manager): Commissioner Plummer had asked for the next one
which is item...
Vice Chairman Teele: Let's temporarily pass it.
Mr. Garcia -Pedrosa: Twenty-one is a deferral from your February loth meeting, a discussion
concerning a request made to you by the Bakehouse Arts Complex. I am not sure if they are
here or not.
Mr. Robert Apfel: Commissioners...
Chairman Hernandez: Name and address, please.
185 March 10, 1998
Mr. Apfel: City Manager, my name is Dr. Robert Apfel. I am president of the... Governors
Board of Directors in the Bakehouse Arts Complex. We submitted this to you, or to the City
Management and Development Office last August when it was simply a matter of repairing
structural problems in the exhibition gallery. We had... they were built of sand back in the 20's.
And, what happens when the building is built with sand, the beams and columns deteriorate.
The gallery was closed, and inhabitable. That would be just a simple matter as far as
construction monies at this point. We have a matching grant from the County to repair that. It's
more of a need now, which is basically the life or death of the Bakehouse. The matter was
deferred last meeting because we were served with foreclosure by Beale Bank [phonetic] out of
Texas that has our mortgage. This has nothing to do with our mortgage payments, we have been
current all along. This has to do with the mortgage maturing. We had a commitment from City
National Bank to... for a new mortgage. However, this is the... let me pass out what I have
before the... The commitment from City National Bank. So, you see how this is much more of a
serious matter now.
Unidentified Speaker: Right
Mr. Apfel: Among the conditions of City National Bank, because this has developed since the
original commitment which was last March, they want to be sure that they are giving a mortgage
on a structurally sound building. Beale Bank also said they would go ahead and extend their,
and delay their foreclosure action, which the City Attorney has been notified of this, allowing us
time to close on the new mortgage. City National will close on the new mortgage provided they
have assurance that there are funds available to do the repairs. We have...
Commissioner Plummer: Is this the document sir, you want me to
look at?
Mr. Apfel: That's the... Yes. I have crossed out....
Commissioner Plummer: You know, I got a real problem when you hand me a document that
has been modified...
Mr. Apfel: Well, the reason why it's modified..
Commissioner Plummer: ... and something has been crossed out, I just immediately become
suspicious.
Mr. Apfel: Well, what I have modified, sir, is so as a matter of privacy, the people who have
guaranteed, their personal guarantee, the board members.
Commissioner Plummer: They are bad people?
Mr. Apfel: I am sorry.
Commissioner Plummer: Are they bad people?
Mr. Apfel: No, they are not. They are not. I am one of them.
Commissioner Plummer: OK, I just...
Mr. Apfel: It's just a matter of privacy, is all it really was.
Commissioner Plummer: Just a matter for the record, when you hand me a document that's
been...
186 March 10, 1998
Mr. Apfel: OK.
Commissioner Plummer: ... modified, and scratched over.
Mr. Apfel: I understand, sir.
Commissioner Plummer: Mr. City Manager, this is something that has been ongoing for a long
time. I guess, I am responsible from day one, of why they are here. What can we do to help?
What can we do to try to keep them in existence, if there is any way humanly possible, you
know...?
Mr. Garcia -Pedrosa: Well, there is a way humanly possible, and that is, that you could approve
the use of the twenty-five thousand dollars ($25,000) that's available. However, I would urge
you to have a condition attached to that, if you are so inclined. And, that condition would be that
the City's money would be last in.
Commissioner Plummer: You hear what he said, sir?
Mr. Apfel: Certainly. That it would be contingent upon closing. What...
Mr. Garcia -Pedrosa: I mean, because he's got a number of... The problem with that, and I
respect the issue of privacy. But, the problem is, we can't gauge whether those monies come in,
and also there is some County money that apparently would be matched.
Mr. Apfel: The County money is there.
Mr. Garcia -Pedrosa: And, so we want to make sure...
Commissioner Plummer: Mr. Chairman, I move this item subject to the conditions set forth by
the City Manager that this matter be approved to the City Manager's approval and the City
Attorney, as he has indicated under his auspices. I so move.
Chairman Hernandez: We have a motion, and a second. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
187 March 10, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-257
A MOTION GRANTING REQUEST FROM BAKEHOUSE ARTS COMPLEX FOR
$25,000 IN MATCHING FUNDS FROM MIAMI-DADE CULTURAL AFFAIRS
COUNCIL, SUBJECT TO THE CITY MANAGER AND THE CITY ATTORNEY'S
APPROVAL AND FURTHER STIPULATING THE CONDITION THAT THE
CITY'S MONEY WOULD BE THE LAST TO BE RECEIVED.
Upon being seconded by Commissioner Gort., the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Did you jump over Florida Power & Light?
Chairman Hernandez: Yes, we did. We'll go back to item number 20.
Mr. Apfel: Well, just an explanation, so I understand. Basically, the City is approving the
funds. They will be the last. It will be spent after the County pays...
Commissioner Plummer: After the other monies are spent.
Mr. Garcia -Pedrosa: My staff will get in touch with you and we'll work out the details.
Mr. Apfel: OK, very good.
Commissioner Plummer: Yeah.
Mr. Apfel: Because, I would just like... I need to let City National Bank know that that's going
to be...
Mr. Garcia -Pedrosa: Absolutely.
Mr. Apfel: OK, thank you, very much.
188 March 10, 1998
----------------------------------------------------------------------------------------------------------------
27. DISCUSSION RELATED TO MONITORING OF CITY STREET LIGHTS
AND TREE TRIMMING EFFORTS BY FLORIDA POWER AND LIGHT.
Commissioner Plummer: OK, is there anybody here from Florida Power & Light, or they are not
here?
Mr. Jose Garcia -Pedrosa (City Manager): Sir, they provided a letter that indicated...
Commissioner Plummer: Well, OK. The letter to me, is far from being true. To my colleagues
on the City Commission, this City pays so much per street light in the City of Miami which
equates to approximately five million dollars ($5,000,000) a year. In my little four block area
where I live, presently there are three lights out, and six lights that you cannot find at night
because they are in the clumps of trees. We have other street lights that are on daytime and
nighttime. If you were to take, and I just only assume that Florida Power & Light charges the
City what they charge me, I have two, what they call off -premise lights in my establishment are
twenty-four dollars and fifty cents ($24.50) a month, per light. If that in my little four block area
is, holds true throughout, that's two hundred and fifty dollars ($250) a month, just in my little
subdivision that this City is putting out that is wasted money. Now, Florida Power & Light has
taken an attitude that these lights are on City property and they have no responsibility to cut the
trees so that the lights will be of value. And, my question is, well, who is? Because, what it is
today, a great number of these lights are totally useless. They are useless. They are in clumps of
trees that you can't see the lights. Now, I am saying is, if we are going to have to pay for these
things, then let's come about some kind of an idea. I have to tell you again, as I tell you, here is
a five million dollar ($5,000,000) account. Am I correct...?
Mr. Jim Kay (Director/Public Works): Well, it's four million dollars ($4,000,000) annually.
Commissioner Plummer: OK, give or take a million, we will talk about big money pretty soon.
Not a single person in Florida Power & Light is dedicated to our account. Not a single person.
They say, well, when you call in and complain, we'll do something about it.
Commissioner Regalado: There is... There is one person dedicated to our account.
Commissioner Plummer: Where is he? I haven't seen him.
Commissioner Regalado: I can't remember his name. But, there is one person that...
Commissioner Plummer: Well, that's probably because he is a phantom.
Commissioner Regalado: No, no, J.L., I know there is a person...
Commissioner Plummer: Hey, Florida Power & Light have trucks out all day long. And, I
watch their trucks drive by lights that are not working. And, all I am saying is, that I think...
You know, we pay for those lights whether they are on or they are off. We pay for them. We,
the taxpayers. Whether we could see them and they produce any light because of the tree or
clumps of trees they are in, we pay for them. Now, Mr. Manager, I don't know how we are
going to force Florida Power & Light to make those lights operable, to produce what they are
supposed to produce. But, I am going to leave it up to you, and the City Attorney to find a way.
I think it is only fair that this City get what it's paying for, and in my opinion, we are not getting
it today.
189 March 10, 1998
Mr. Jose Garcia -Pedrosa: Commissioner Plummer, I want to raise with you, if I might, another
issue that is related. And, that is, that at your request, and frankly, there is a letter from Mayor
Suarez also. We asked representatives of Florida Power & Light to appear to answer some of
these questions, and discuss with this rather large customer, these issues. And, frankly, I was
disappointed that they did not do so.
Commissioner Plummer: Oh, more so. And, let me tell you. Let me read you one paragraph
from their letter. They found it, obviously very objectionable that this should not be a matter
before the City Commission. How do you like that, OK? I guess, I am a bad guy for bringing it
up. It says here, "... we feel that due to the technical nature of our business..." Technical, cutting
a tree is technical, all right."... working with you and your staff to the Manager, is a more
appropriate form for the resolution of these issues, rather than in front of the Miami City
Commission." Mr. Manager, I am saying to you sir, we are not getting our money's worth. I
expect you to find a way to make sure we get our money's worth and take it from there. If we
don't have the trees removed, we can't see the lights, take 'em off our bill, because they are not
worth a damn otherwise. So, let's do something. That's all I am saying. Thank you, sir.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Commissioner Plummer: I'll expect an answer back at the next meeting.
Chairman Hernandez: Vice Chairman Teele.
Commissioner Teele: I am not certain that I disagree with Florida Power & Light's concern
about coming to the Commission, because I think we really have to be a lot more careful of our
image. But, I have met with Florida Power & Light on this issue, Mr. Manager, because unlike,
Commissioner Plummer who has lights, but blocked by trees, I don't have lights at all
throughout most of my district. Northeast 2nd Avenue, this morning where you heard people
talking, lights are out throughout Northeast 2nd Avenue. Throughout Liberty City, we have
poles that were placed up, new poles have been put up, and the old poles have not been removed.
Now, which creates a blight throughout neighborhoods. When I met with their management
team, what they said is what we really need to do is sit down through the Manager's Office,
through the Public Works Department and give them a punch list of items. Apparently, the way
our contract is written with them, which is a part of our franchise agreement, Public Works is
responsible for providing notification to them, through the contract, through the agreement.
There are people assigned, I apologize, I don't know the name of the gentleman. He is a
Hispanic gentleman. I think he is based in Hialeah, who is the Contract Officer responsible for
this contract. My staff has his number. I have not taken the opportunity to call him, because I
have tried to work through the Public Works Department on this. But, I think, you know, once
we finish with this, and I agree with Commissioner Plummer that it's unfortunate that they
would reduce to writing, what I think many people feel, and that is, they really don't want to
come to the City of Miami and make a presentation on something that's advisarial like this. That
we really need to try to figure out a way to ensure that our Public Works Department, and in
particular, our NET (Neighborhood Enhancement Team) offices, and in particular our Police
Department and Fire Departments, and Code Enforcement, which really have the responsibility
of reporting these things. I mean, we should not have a system that is dependent on citizens
calling in. We have people out there, day and night on the streets. And, what I have been able to
determine, and I have sat down with the NET office, is that those responsibilities have never
really been clearly defined. And, I don't know that Florida Power & Light has given me the full
story, Mr. Director and Mr. Manager. But, I would like just a moment for the Public Works
Director to explain at least, what is the procedure for Florida Power & Light making changes in
190 March 10, 1998
lightbulbs and the kind of vegetation removal that Commissioner Plummer specifically is
requiring under the contract?
Mr. Kay: At the present time, we have a staff person that is assigned as a Street Lighting
Engineer. And, that person regularly, at night, rides areas to determine and find out which street
lights are not burning.
Vice Chairman Teele: Does...? Excuse me. Does the NET office or the Police Department or
Fire Department provide to your office a list regularly of lights that are out?
Mr. Kay: We do get listings from the NET office.
Commissioner Plummer: From citizen complaints?
Mr. Kay: From citizen complaints, or from any other, other ways.
Vice Chairman Teele: But, has our Police Department and.. I mean, are those other offices
engaged in this process with us?
Ms. Kay: I don't believe we are getting them from the Police Department or the Fire
Department.
Vice Chairman Teele: Do we have the responsibility of informing Florida Power & Light under
our contract, or does Florida Power & Light have the responsibility? I mean, you know, because
you listen to this, and you would think, just listening, that Florida Power & Light has the
obligation of identifying lights that are out, and fixing lights. It's my understanding that we have
the responsibility of identifying the lights, and they have the responsibility of fixing them.
Mr. Kay: That's correct. Now, sometimes, certain lights take longer to fix when they are an
underground cable problem, than there is in just changing out the luminar, for example. And,
that happens to be the case on Northeast 2nd Avenue. I know that for a fact.
Vice Chairman Teele: As it relates to the specific issue that Commissioner Plummer is
concerned about, vegetation. Do we have the responsibility of removing vegetation or does
Florida Power & Light have the responsibility?
Mr. Kay: That has never been made clear, who has the responsibility over that. I know that we
have had our own people go out there and remove vegetation around street lights, and...
Vice Chairman Teele: Well, I am sure that you...
Commissioner Plummer: When we had the money.
Vice Chairman Teele: Yeah, but you have got to understand contract law.
Commissioner Gort: You have got to check the contract. [inaudible -- off microphone]
Vice Chairman Teele: You got to understand what contract law says, that you can't impliedly
contract something that has a big ticket item to do, unless it's specific. I mean, if I... We are the
ones that own the City, and we are hiring them to do lights. Now, if our contract says they
remove the vegetation, I just want to be very clear. Because, what I really don't want to do is
give the public the wrong perception. I am no friend of Florida Power & Light, they are no
friend of mine, to my knowledge, at least. They don't give me any...
191 March 10, 1998
Commissioner Plummer: They are monthly.
Mr. Kay: Let me say this.
Vice Chairman Teele: Yeah, I got to pay my bills. But, I think it's important that we try to be
honest about this, and we just not beat up on everybody. That we need to acknowledge when we
have a responsibility. And, from what they kept telling me is, they don't have the tickets of
whatever these things are, in the area that I represent, and they are not coming through. So, they
can't repair lights, if they don't know about it.
Chairman Hernandez: Well, it... Absolutely, right. Two things, I wanted to bring up, Vice
Chairman Teele, to bring this to a close. Number one, the City of Miami has only one employee,
supervising all these lights from the Department of Public Works, one employee. Number two...
And, that's for the entire City of Miami. Number two, in reading a letter from a gentleman that I
know has been completely, at least with my office, cooperative with this problem, from FP&L,
writes a letter back to the City Manager stating... "In my conversation with your staff, I have not
been able to identify any unresolved issues with the City at this time." So, if we have problems,
let's list it, and let's send it to him. Up 'till now, I can tell you, he has done everything within
his power to help us out.
Commissioner Plummer: Well, I would hope that those lights, if we don't have to make them
take them out of the bushes, then at least we remove them, all of them, from our bill, and remove
the light because they are of no value, and deduct it from our bill. So, I would hope that you
would start making notations of all of the lights that are of no value to the people of this
community. And, you know, let them be concerned about any liability that occurs, because a
robbery occurs in this dark area, and it's Florida Power & Light's fault. Hey, they got plenty of
money. But, I am just saying, if it isn't producing what it should produce for the safety of the
people of this community, let's take the light out. Save twenty-four dollars ($24) per pole. Mr.
Manager, I leave it to your discretion. I am only asking that the citizens of this City get what
they are paying for, and in my opinion today, they are not getting what they are paying for.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Let's face it, I agree with Commissioner Teele, we have got to check the
contract with them and see whose responsibility the trees and bushes are, number one. Number
two, the lights, they don't go on until about seven or eight o'clock, it depends. In the summer
they go on at eight o'clock, in the winter maybe they go on at six o'clock. Most of our staff are
out, there is nobody inspecting that. We only... And, I can tell you, 14th Avenue, we have been
having trouble with the lights on 14th... Northwest 14th Avenue, all the way from 12th Street to
23rd Street.
Commissioner Plummer: We have been fighting this for years.
Commissioner Gort: They have been out for quite a few... I called them in, and I reported it,
and I did that last week. Somehow, we have to establish a system that if someone sees a light
out, and I know, I don't want to burden the police, but I mean, the police. But, I mean, the police
understands the importance of lights, and crime. So, sometimes, a police can identify it and give
it to the NET. Because, they have got people at night patrolling the different neighborhoods.
But we have got to establish a system where we go and we check them, and as soon as... My
experience with FP&L have been great. Every time I have called with a complaint, they will
take care of it. But, they need to have the information.
Mr. Garcia -Pedrosa: Let me come back to you with a report. I am told by the Police Chief that
our Citizens on Patrol Program can be utilized for this purpose.
192 March 10, 1998
Commissioner Plummer: That's a great idea.
Mr. Garcia -Pedrosa: I know that our NET offices have been supplying the information. I am
told, Commissioner Plummer that you lights have been reported, and apparently, they have not
been taken care of. But let me look into all of that.
Commissioner Gort: It's another J.L.'s lights. [inaudible -- off microphone]
Mr. Garcia -Pedrosa: Well, you know, the problem I had on Miami Beach...
Commissioner Plummer: [inaudible -- microphone]
Mr. Garcia -Pedrosa: ... Vice Mayor is that, Vice Chairman is that they did come out and cut too
much. I know that happened on Old Cutler Road. Coral Gables had a terrible problem with
FP&L's subcontractor because they almost did away with all those old historic trees. So, it's
kind of the opposite here. They don't want to cut in front of Commissioner Plummer's home,
and I need to look into that and get back with him.
Commissioner Plummer: No, it's not my home. No, no. The three lights around my neighbors
work. Work, OK. But, in the four square block area there are three that don't work and six that
are covered by trees.
Mr. Kay: Mr. Chairman, can I make one statement?
Chairman Hernandez: Yes, Mr. Kay.
Mr. Kay: And, that is, that back in the late 1980's, we had a lot of help from Florida Power &
Light in identifying these problems, and they also assisted in patrolling streets at night with us.
Commissioner Plummer: They sure did.
Mr. Kay: That's back when they were going for Demming Prize, if you remember that, the
Demming Award. And, after they got the award, they changed dramatically.
Commissioner Plummer: They didn't care... They could care less, afterward.
Mr. Kay: And, we had... Ever since then, we have had a... Have not had the same relationship,
I would say. So, if we could somehow get them to assist in patrolling the streets that would help
greatly, and I would like to talk to them about that.
Commissioner Plummer: They have got hundreds of trucks out every day.
Chairman Hernandez: All right.
Vice Chairman Teele: Mr. Chairman....
Commissioner Plummer: Move on.
Chairman Hernandez: Yes, yes.
END OF DISCUSSION -- NO ACTION TAKEN
193 March 10, 1998
NOTE FOR THE RECORD: At this point, Vice Chairman Teele
acknowledged Mr. Sergio Pina's presence.
Vice Chairman Teele: You gave Commissioner Plummer the opportunity to introduce his lovely
daughter. I don't have a daughter, but there is a very distinguished businessman, gentleman that
has come in. And, I have not seen him here since I have been a Commissioner, and I am just
delighted because this past Saturday he sat next to my wife, and he was so lovely to her, she
remarked that she didn't know he liked us at all. And, I just want to acknowledge the presence
of Mr. Pina. He's here...
Commissioner Plummer: Yeah, but you have one problem. He's not a Plummer, but he is in the
plumbing business, so don't worry about it.
----------------------------------------------------------------------------------------------------------------
28. PRESENTATION BY CHAIRPERSONS OF SELECTED BOARDS /
COMMITTEES PURSUANT TO CODE SECTION 2-436.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 22. Are there any chairpersons or selected boards or committees,
today?
Commissioner Plummer: No.
Chairman Hernandez: Are there any? I want to give the presentation to those that are here, and
if we can make it... They have been here, all day, J.L.
Commissioner Plummer: Yeah, right.
Chairman Hernandez: Go ahead.
Commissioner Plummer: Come on, get up, say everything is great, and sit down.
Ms. Sarah E. Eaton (Planner II- Land Development/Community Planning Department): Mr.
Chairman, Arthur King who is the Chairman of the Historic and Environmental Preservation
Board had asked me to make his presentation. I think the Commission is very familiar with the
work of the board. We have had a great year. We designated Spring Garden, and I think the
board is performing as it was intended.
Commissioner Plummer: Good. Next item.
Mr. John Brennan: Hi, J.L. My name is John A. Brennan. I am on the City of Miami's
Waterfront Board. I am their appointed or designated whatever, to replace the chairman who
was here from ten 'till, four or five, or something like that. Anyway, each of you gentlemen
have a letter that the chairman sent out, telling according to the ordinance what the Waterfront
Board has done. I am here to answer any questions about it. I hope you all realize that we are in
business and have been. We meet every month and try to keep things going. If you have any
appointments, please make them, because we are sometimes a little short on a quorum.
194 March 10, 1998
Commissioner Gort: Thank you, very much. That's very good.
Mr. Brennan: You are welcome.
Commissioner Plummer: Come on, Ted.
Mr. Ted Stahl: Ted Stahl. I represent Commissioner Gort on the Standing Festival Committee.
We are very active. We work very hard. We do not meet quarterly for the last three years, we
meet every month. We now meet with the organizers three days before the event. We go
through the parks, looking at any damages that are there now. We go over and meet with the
organizers after the event, three days later, and go through the parks to check any damages.
And, if there are any damages, they pay for it. And, so, that is one of the things that we are
doing. We work very hard. We have had three workshops this year to strengthen the existing
ordinance to make it better for the City. We have two basic plans in operation, as I brought to
the attention of this Commission. About four months ago, was the redoing of all of the medians
along, from Aviation to McFarlane. The County has agreed to pay for irrigation, electrical,
design, and place the new plantings in. But, it is up to the City to maintain it. And, that's where
we are at the moment.
Commissioner Plummer: Good.
Commissioner Gort: Thank you.
Commissioner Plummer: To my colleagues on the City Commission, we surrender to you the
report of the Bayfront Park Trust.
Commissioner Gort: That's very good.
Commissioner Plummer: I did not receive anyone that wanted any questions. I have not
surrendered a report on the International Trade, because you cheap people have not given me any
money, and I don't have any money to write a...
Commissioner Gort: You don't have to deliver a report.
Mr. Jose Garcia -Pedrosa (City Manager): I just sent you a memo giving you eighty thousand
dollars ($80,000) until the end of the...
Commissioner Plummer: I ain't got it yet, so I couldn't write the report.
Commissioner Gort: Excuse me. You don't have to deliver a report. You are not in here.
Commissioner Plummer: What?
Commissioner Gort: You are not a part of this. You don't have to give a report.
Commissioner Plummer: Oh, that's fine, good-bye.
Commissioner Gort: Bye.
END OF DISCUSSION -- NO ACTION TAKEN
195 March 10, 1998
----------------------------------------------------------------------------------------------------------------
29. ENCOURAGE STATE LEGISLATURE TO ADOPT SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AS PILOT
PROJECT -- FOR FUNDING REDEVELOPMENT ACTIVITIES BY
INCREMENTAL SALES TAX REVENUE COLLECTED WITHIN DISTRICT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Next item.
Commissioner Gort: Twenty-three.
Chairman Hernandez: Before we go on, the Miami Sports and Exhibition Authority, I am also
going to surrender a copy of the report. I am the Vice Chairman of the board. I guess, I am now
the Acting Chairman of the...
Vice Chairman Teele: You are the Acting Chairman.
Chairman Hernandez: That's right, of the Miami Sports and Exhibition Authority.
Commissioner Plummer: Wait a minute. We didn't vote for him.
Chairman Hernandez: So, we will be giving you a copy of the report, and that is all that we have
here as to boards. Item 23.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes, Vice Chairman Teele.
Vice Chairman Teele: On the Park... Southwest Park Overtown, I would like to, as a board, I
would like to ask the Manager and the Commission, especially, to pay very close attention to the
pocket item which is really not a report, but the only thing that we can come up with that will
dramatically change the revenues of this City, and this is the first time we are really coming
forward with this, is a change in the legislation, which we are asking. And, we have coordinated
with Christina, that will be extremely dramatic. Number one, it will fund the Parrot Jungle
activities in terms of a loan, and it will remove the Southeast... Southwest Park Overtown
responsibilities for continuing to use CD (Community Development) funds. Additionally, I
think the activity would provide for sufficient funding to take over the 108. Mr. Manager, what
we are proposing... We don't have a Senate sponsor. We are beginning to work through this
very closely...
Commissioner Plummer: Tomorrow.
Vice Chairman Teele: ... is to use a provision that is used in other states of sales tax increment to
go to the Tax Increment Trust Fund. By readjusting the boundaries, to round out the census tract
which would get Watson Island as well as the area to the bay, we believe that we can provide
close to five million dollars ($5,000,000) a year in revenue...
Commissioner Plummer: From sales tax?
Vice Chairman Teele: ... to the tax increment district.
196 March 10, 1998
Commissioner Plummer: Sales tax?
Vice Chairman Teele: In sales tax, increment.
Commissioner Plummer: Would that not take a state legislative action?
Vice Chairman Teele: It will take a state legislative action. That is the essence of our request.
And, Mr. Manager, this is five million dollars ($5,000,000) of new money that will not be a tax
on anybody, recurring revenue.
Mr. Jose Garcia -Pedrosa: Recurring revenue.
Vice Chairman Teele: It's reoccurring revenue. It will provide you with an opportunity to
move, I believe, substantially a series of activities away from the General Fund into the tax
increment district. I mean, we would probably be in a position to talk about taking a unit of
police in the district, a unit of code enforcement. The entire nine yards. It would in effect,
overnight transform the tax increment district from being a upside down financially dependent
tax increment district, to literally...
Commissioner Plummer: Is he speaking about Omni?
Vice Chairman Teele: ... a very, very successful tax increment district.
Commissioner Plummer: Omni?
Commissioner Regalado: Oh, oh.
Vice Chairman Teele: How?
Commissioner Plummer: What is he talking about?
Commissioner Regalado: I am asking, are we on time for this session?
Vice Chairman Teele: Yes, we are on time. And, let me just break the code, real fast. The two
pieces of the increment... It's two pieces. The legislation is very clear. We are working off of
Carlos LaCasa's house bill 3411. We are proposing to greatly restrict it, because there is a lot of
concern about the number of districts that would be affected. We are talking about pervasive
poverty and chronic unemployment. We believe that the definition will only include one tax
increment district in the State of Florida, and the increment essentially would be all of the sales
tax of the new arena, and all of the sales tax of the Parrot Jungle. The two things together, would
in effect, create an opportunity to address the concerns of Parrot Jungle in a very positive way,
because then we could do a 108, and use the tax increment district as the guarantee against it,
and I would be happy to move that and make that happen, because, again, that's a very important
element. And, the other thing, of course, would be the concession that we got from Micky
Erickson and American Airlines that they will work with us to readjust the boundaries. So, this
could be a win -win -win, for the City. We have got a very tight window, and we believe that we
can get it passed. We're talking to the Senate now. We have got big problems over there. There
is no companion bill. But, with a favorable Senate president, we will be able to get it through.
She is not committed. So, I'll bring this back up, under the pocket item. But, it's a very, very
important revenue measure. I mean, a dramatic revenue measure of about five million dollars
($5,000,000) beginning in... about three and a half million dollars ($3,500,000) beginning in 18
months. And, an additional million and a half after Parrot Jungle is built.
Commissioner Gort: Is that a motion?
197 March 10, 1998
Commissioner Regalado: You want to do it now?
Vice Chairman Teele: I would move my, the pocket item at this time.
Commissioner Regalado: Second.
Vice Chairman Teele: The pocket item is merely to instruct the Manager to make this a high
legislative item. An item to work and to work with the staff to codify the language in a way that
is believable. We need to work with the Governor's office as well as the Senate as well as the
Cabinet. Moved by Commissioner...
Chairman Hernandez: I move.
Commissioner Gort: I vote.
Vice Chairman Teele: Moved by Commissioner Gort, seconded by the Chairman. And, is there
objection? All those in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: Those opposed? Unanimous vote.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-258
A RESOLUTION ENCOURAGING THE LEGISLATURE OF THE STATE OF
FLORIDA TO ADOPT THE SOUTHEAST OVERTOWN/PARKWEST
REDEVELOPMENT DISTRICT AS A PILOT PROJECT FOR THE PURPOSE OF
FUNDING REDEVELOPMENT ACTIVITIES BY INCREMENTAL SALES TAX
REVENUE COLLECTED WITHIN THE DISTRICT; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE LEGISLATURE AS SOON AS IT IS PRACTICABLE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
198 March 10, 1998
----------------------------------------------------------------------------------------------------------------
30. GRANT REVOCABLE PERMIT WITH CONDITIONS TO BAUNIC
ORGANIZATION -- FOR BUILDING AT 1390 N.W. 7TH STREET.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 23. I need to know, is that going to be producing an amount of
revenue, and if so, how long is the contract for?
Commissioner Gort: They are here to make a presentation.
Commissioner Regalado: Let me... Let me say that this is something that Mayor Suarez sent me
as the Chairman of the Public Facilities, and this is a former park building, and this is on the sale
list. It cannot be taken off the sale list. There is a Cuban refugee office on the first floor, and
Baunic is willing to use this office until we tell them that they have to leave, as an emergency
office for the immigration reform that affects Nicaraguans. Baunic has said they would...
Baunic, being the organization, that they will fix the roof on the second floor of this building, at
their cost. And, they are under the impression that they would not need to pay rent. That the
fixing of the roof would defray the cost of the rent. So, I... that's all I can report to the
Commission in terms of what the Public Facilities Committee has ascertained. The building, it's
located in a place that it's very accessible to the Nicaraguan community. That's one of the
things that I can say, in favor of this issue. However, I understand that the Cuban Refugee
Center pays the City rent, and I have to tell you that, because that's what I found out. If I have to
make any recommendation, I will tell the members of the Commission that, the administration
should meet with them. And, we should, first of all, we should advise members of this
organization that, if tomorrow, there is a bid for that building, in the case that they will be using
the building, they will have to vacate the building, even if they have spent money fixing the roof.
Because, we can't take it off the sale list, and...
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): So, you are talking about a revocable permit,
is the best that we could give them?
Commissioner Regalado: I, you know, that's what I am saying. That, they understand that they
are there, maybe two, three, four months. They only want the building for the duration of
Immigration Reform Act, you know.
Commissioner Plummer: They could be spending twenty-five, thirty thousand dollars ($30,000)
for a roof.
Mr. Maxwell: No, they..
Commissioner Regalado: I am sorry.
Mr. Maxwell: Well, we wouldn't be able to give them a term, if... In utilizing a revocable
permit, you understand that, yeah.
Commissioner Regalado: No, no, what I am saying is, what I am saying is, that they don't want
to be there forever. But, they have to understand that if tomorrow somebody buys that building,
they have to vacate it, no.
Mr. Maxwell: Or, if the City simply walks in and say, we... Go.
199 March 10, 1998
Commissioner Regalado: Or, the City says that they need the building.
Commissioner Plummer: How much is the root? You get to be talking twenty-five, thirty
thousand dollars ($30,000) for a roof.
Ms. Patricia Mayorca: Yeah, excuse me. If I may?
Commissioner Plummer: Has the City estimated the repair work?
Mr. Jose Garcia -Pedrosa (City Manager): No, sir. But, they have.
Commissioner Plummer: And...
Ms. Mayorca: We did submit the repairs, expenses. More or less what we think.
Commissioner Gort: Name and address for the record.
Ms. Mayorca: I do apologize for not...
Commissioner Gort: Name and address for the record.
Ms. Mayorca: I am sorry. My name is Patricia Mayorca, and I am from Baunic. Like I was
saying, we are submitting the expenses detail that we think, you know...
Commissioner Gort: How much do you think there is?
Ms. Mayorca: A total of fifteen thousand eight hundred and fifty dollars (15,850) which
include...
Commissioner Gort: OK. Thank you.
Ms. Mayorca: Plus tax.
Commissioner Plummer: Now, that's assuming...
Commissioner Gort: That...
Commissioner Plummer: That's assuming the City Manager concurs that what you are
proposing to do, is within the City purview of what is needed. I would also assume that you
understand that you are going to be paying for utilities...
Ms. Mayorca: Yes.
Commissioner Plummer: Hot water, electric and phones.
Ms. Mayorca: Yes, of course.
Commissioner Plummer: ... hot water, electric and phone. You are going to pay for indemnity
of insurance of any liability that might occur, which will be subject to Risk Management...
Ms. Mayorca: That's correct.
Commissioner Plummer: ... and a 30-day revocable lease. But, you realize, I hope...
200 March 10, 1998
Mr. Garcia -Pedrosa: Determent.
Commissioner Plummer: Revocable permit, I am sorry.
Mr. Maxwell: No, no, no. No 30-day, just a revocable permit.
Commissioner Plummer: A revocable permit. Well, what's wrong? I can make it 30 days.
Mr. Maxwell: When you do that, then you stepping in the lease territory where you give them a
specific time.
Commissioner Plummer: All right, a revocable permit. And, based on that, I have no problem.
Commissioner Gort: OK, are you going to make the motion?
Commissioner Regalado: I'll make a motion that they... But, understand this, you understand
that, the building cannot be taken off the sale list, you understand that?
Ms. Mayorca: Yes,
Commissioner Regalado: And, whatever investment that you make, you may lose it. I mean, if
you... Let me... Let me just be clear.
Commissioner Gort: Regalado, I think it's important, even if the City is to sell it tomorrow, by
the time it comes through us, we go through all the paperwork, it will take at least six months.
Commissioner Plummer: Don't give them no false hope.
Commissioner Regalado: No, no. But, Willy, I... It's important that they understand because
that's what...
Commissioner Plummer: Don't give them no false hope. If we can sell that building, let's get rid
of it.
Commissioner Regalado: And, so I hope you understand?
Ms. Mayorca: Yes, we do understand.
Commissioner Regalado: So, I'll make a motion to have the Manager and his staff meet with
members of Baunic and discuss the possibility of revocable permit, them paying for the repair of
the roof.
Commissioner Gort: Could you make the motion that if the Managers agree, that it will not have
to come back here for approval?
Commissioner Regalado: Yes.
Commissioner Gort: In other words, move to approve subject to the acceptance by the City
Manager.
Commissioner Regalado: Right.
Commissioner Gort: OK. Second.
201 March 10, 1998
Commissioner Plummer: Let me make sure.
Ms. Mayorca: Thank you.
Chairman Hernandez: Under discussion.
Commissioner Plummer: Yours is a not for profit organization?
Ms. Mayorca: That's correct. We are a non profit. Our purpose is, you know, basically to serve
our community and all the people in services.
Commissioner Plummer: OK. You are not for profit?
Ms. Mayorca: No.
Commissioner Plummer: OK.
Ms. Mayorca: Thank you.
Chairman Hernandez: There is a motion on the floor.
Mr. Maxwell: Just the... Just to clarify the motion, Mr. Chairman.
Chairman Hernandez: There is a motion on the floor by Commissioner Regalado. There is a
second by Commissioner Gort. Commissioner Regalado, can you just clarify your motion?
Commissioner Regalado: Yeah. Basically, we are directing the Manager to meet with Baunic
and decide if they should have a revocable permit, and that if the Manager decides that it's the
right way to go, the legal way to go, that they agree with fixing the roof and leaving the building,
whenever the City decides that they have to, that... That's it. And, it doesn't have to come back
to the Commission. It's up to the Manager.
Mr. Maxwell: Well, what you should do really, what you are saying is, you are granting the
revocable permit subject to that group agreeing to the conditions that the Manager may apply.
Commissioner Regalado: Right, right.
Commissioner Gort: Right.
Commissioner Plummer: Well, and also that the money will be put up in a deposit prior to the
roof being done. So, that in fact, the money will be there to pay the roofer when they are
completed.
Commissioner Regalado: Well, that's up to the Manager to...
Commissioner Plummer: Well, I don't want to have to go looking for people to pay for
something that they agreed to do.
Commissioner Regalado: OK.
Commissioner Plummer: They can put the money up in escrow.
Commissioner Regalado: That's basically the motion.
202 March 10, 1998
Commissioner Plummer: Yeah, OK.
Chairman Hernandez: There is a motion the floor, there is a second. All those in favor say
"aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays." Congratulations.
[APPLAUSE]
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-259
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A REVOCABLE LICENSE AGREEMENT ('AGREEMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH BAUNIC, INC., A FLORIDA
NON-PROFIT CORPORATION, FOR THE USE OF APPROXIMATELY 2,414
SQUARE FEET OF SPACE ON THE SECOND FLOOR OF THE BUILDING
LOCATED AT 1390 NORTHWEST 7TH STREET, MIAMI, FLORIDA, ON A
MONTH -TO -MONTH BASIS, CONTINGENT UPON BAUNIC, INC. PERFORMING
ROOF REPAIRS TO THE BUILDING AT ITS SOLE COST AND EXPENSE, AND
FURTHER SUBJECT TO THE TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
----------------------------------------------------------------------------------------------------------------
31. APPOINT SEVERAL INDIVIDUALS TO AFFIRMATIVE ACTION
ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 24.
Commissioner Gort: It was pulled.
Chairman Hernandez: Item 24 was pulled.
203 March 10, 1998
Commissioner Plummer: Was deferred,
Chairman Hernandez: Let's go on to, we are running quickly, to board and committee
appointments.
Commissioner Plummer: I pass on 25.
Chairman Hernandez: I pass on 25. Commissioner Gort.
Commissioner Gort: Affirmative Action, I appoint the same individuals and they are on the
record. But... Do you need to, names or do you inderstand that I confirm the same individuals.
Mr. Walter J. Foeman (City Clerk): You had previously appointed Nora Hernandez -Hendrix,
and Ramiro Marrero.
Commissioner Gort: That is it. He is not here.
Mr. Jose Garcia -Pedrosa (City Manager): We need to read into the record, Mr. Chairman, the
AFSCME (American Federation, State, County, and Municipal Employee) and the Firefighters
Union appointees.
Commissioner Plummer: To what board?
Chairman Hernandez: To what board?
Mr. Garcia -Pedrosa: This is item 25, the Affirmative Action Advisory Board.
Chairman Hernandez: OK. Wait before we... Commissioner...
Mr. Garcia -Pedrosa: Jessica...I am sorry.
Chairman Hernandez: OK, Commissioner Gort, have you stated your names on the record?
Commissioner Gort: Dr. Marrero, and Nora Hernandez -Hendrix.
Chairman Hernandez: Commissioner Regalado, do you have any?
Commissioner Regalado: No.
Vice Chairman Teele: What number?
Chairman Hernandez: Twenty-five, which is... You have one for the Affirmative Action
Advisory Board?
Commissioner Plummer: I move the names be as surrendered be approved.
Chairman Hernandez: Hold on, hold on. Mr. Manager. Just a minute.
Mr. Garcia -Pedrosa: The AFSCME appointee is, Jessica Angel, and the IAFF ( )
appointee is Lt. Edward Pidermann.
Chairman Hernandez: Is there a motion?
204 March 10, 1998
Commissioner Plummer: I move the names proffered be approved.
Commissioner Regalado: Second.
Chairman Hernandez: There is motion by Commissioner Plummer, seconded by Commissioner
Regalado. All those in favor say "aye/"
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-260
A RESOLUTION APPOINTING AND CONFIRMING THE APPOINTMENT OF
CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
32. APPOINT RALPH DUARTE TO BAYFRONT PARK MANAGEMENT
TRUST.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 26. Bayfront Park Management Trust. Commissioner Gort.
Commissioner Plummer: O000h.
Commissioner Gort: Ralph Duarte.
Commissioner Plummer: What? I invite all of you to Willy Gort's wake at Plummer's Funeral
Home, which is a freebee.
Chairman Hernandez: Motion to approve the name proffered.
Commissioner Plummer: Who? What's his name?
205 March 10, 1998
Mr. Jose Garcia -Pedrosa (City Manager): Ralph Duarte.
Commissioner Gort: Ralph Duarte.
Commissioner Plummer: You give me... Write that out for me...
Chairman Hernandez: That's...
Commissioner Gort: Write what?
Commissioner Plummer: OK, fine.
Chairman Hernandez: There is a motion by Commissioner Plummer...
Commissioner Regalado: Second.
Chairman Hernandez: Seconded by Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-261
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
----------------------------------------------------------------------------------------------------------------
33. APPOINT ALBENA SUMNER AND ANITA TEJERA TO AFFORDABLE
HOUSING ADVISORY COMMITTEE.
------- --------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 27. Housing Advisory Committee, Affordable Housing Advisory
Committee. I would like to nominate as a Commission at -Large, which is... She is already
sitting there, Anita Rodriguez-Tejera.
206 March 10, 1998
Commissioner Gort: My appointment will be Albena Summer.
Vice Chairman Teele: Second the motion.
Commissioner Plummer: Move the rest of the names be deterred 'till the next meeting.
Chairman Hernandez: There is a motion by Commissioner Teele, seconded by Commissioner
Plummer. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-262
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITY OF MIAMI AFFORDABLE HOUSING ADVISORY
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
207 March 10, 1998
Commissioner Gort: Yes.
Chairman Hernandez: Yes, sir.
An Ordinance entitled -
AN ORDINANCEAMENDING ORDINANCE NO. 10021, ADOPTED JULY 18, 1985,
AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND, RECEIVED
AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9,
1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF
$1,174,000, FROM MONIES REALIZED AS A RESULT OF SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
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.
----------------------------------------------------------------------------------------------------------------
34. DEFER APPOINTMENTS TO CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD.
Chairman Hernandez: Item 28, Citywide Community Development Advisory Board. I am
passing on mine.
Commissioner Regalado: Me too.
Commissioner Plummer: Move the item be deferred until the next meeting.
Commissioner Gort: Yes.
Chairman Hernandez: OK. There is a motion by Commissioner Plummer, seconded by
Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
208 March 10, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-263
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 29
(APPOINTMENTS TO THE CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD) TO THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
35. APPOINT DOROTHY LEE TO COCONUT GROVE STANDING FESTIVAL
COMMITTEE.
------------------------- --------------------------------------------------------------------------------------
Chairman Hernandez: Item 29. Vice Chairman Teele for the Coconut Grove Standing Festival
Committee.
Vice Chairman Teele: Ms. Dorothy Lee.
Commissioner Plummer: Arthur Lee?
Chairman Hernandez: Dorothy Lee.
Commissioner Plummer: Dorothy Lee.
Chairman Hernandez: Is there a motion?
Commissioner Plummer: Move the names proffered by accepted.
Commissioner Regalado: Second.
Chairman Hernandez: Motion by Plummer, seconded by Commissioner Regalado. All those in
favor say "aye."
The Commission (Collectively): Aye.
209 March 10, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-264
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE COCONUT GROVE STANDING FESTIVAL COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
----------------------------------------------------------------------------------------------------------------
36. APPOINT MARIA DEL CARMEN CASTELLANOS AND DAVID
CABARROCAS TO THE LATIN QUARTER REVIEW BOARD.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 30. Latin Quarter Review Board. I pass on mine.
Commissioner Plummer: You don't have any.
Chairman Hernandez: Yes, they informed me that...
Commissioner Plummer: No, you don't.
Chairman Hernandez: ... one of my appointments cannot serve.
Commissioner Plummer: Not so. I don't care. That's not on the...
Commissioner Gort: I have got two.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Maria Carmen Castellanos, and David Cabarrocas.
Chairman Hernandez: All right. Commissioner Teele.
Vice Chairman Teele: Inaudible.
210 March 10, 1998
Commissioner Plummer: Move that the names be proffered be accepted.
Chairman Hernandez: Motion by Commissioner Plummer. Seconded by Commissioner
Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-265
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE LATIN QUARTER REVIEW BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
---------------------------------------------------------------------------------------------------------------
37. DEFER APPOINTMENTS TO MIAMI STREET CODESIGNATION
COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 31. Miami Street Codesignation Review Committee. I pass on
mine.
Commissioner Plummer: Anybody got any names? Move the item be deferred 'till the next
meeting.
Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner Gort.
All those in favor say "aye."
The Commission (Collectively): Aye.
211 March 10, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-266
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 31
(APPOINTMENTS TO THE MIAMI STREET CODESIGNATION REVIEW
COMMITTEE) TO THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
---------------------------------------------------------------------------------------------------------
38. APPOINT SEVERAL INDIVIDUALS TO WATERFRONT ADVISORY
BOARD.
---------- -----------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 32. Waterfront Advisory Board.
Commissioner Gort: I'll maintain the same members. Stuart Sorg and John Brennan.
Commissioner Plummer: Reappoint the two. Any others?
Chairman Hernandez: Bob Granoff, and I'll leave the other one for the next meeting.
Commissioner Plummer: Move that the names be proffered be accepted.
Chairman Hernandez: Motion by Commissioner Plummer.
Commissioner Regalado: Second.
Chairman Hernandez: Seconded by Commissioner Regalado. All those in favor say "aye."
Commissioner Plummer: Thank you.
The Commission (Collectively): Aye.
212 March 10, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-267
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
---------- -----------------------------------------------------------------------------------------------------
39. (A)APPOINT ORLANDO GARCIA, JR. TO PLANNING ADVISORY
BOARD -- SEE LABEL 45.
(B)APPOINT STEVEN POLAKOFF TO PLANNING ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 33.
Commissioner Plummer: I'll move mine 'till the next meeting.
Chairman Hernandez: Planning Advisory Board. Vice...
Commissioner Gort: Orlando... Confirm Orlando Garcia, Jr., again.
Chairman Hernandez: Orlando Garcia, Jr., by Commissioner Gort. Commissioner Plummer,
passed. Vice Chairman Teele passes. And, I appoint Steven Polakoff.
Commissioner Plummer: Move the names be proffered be accepted.
Commissioner Gort: Second.
Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort.
All those in favor say "aye."
The Commission (Collectively): Aye.
213 March 10, 1998
Chairman Hernandez: No "nays."
The following motion and resolution were introduced by Commissioner Plummer, who moved
their adoption:
MOTION NO. 98-268
A MOTION APPOINTING ORLANDO GARCIA, JR. AS A MEMBER OF THE
PLANNING ADVISORY BOARD.
(Note for the Record: This motion was later rescinded by Motion 98-272 because Mr.
Garcia had not submitted an application for the Planning Advisory Board.)
RESOLUTION NO. 98-268.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE PLANNING
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the motion and resolution were 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
------------------------------------------------------- --------------- ------------------------------------------
40. APPOINT JOSE COMAS TO PROPERTY AND ASSET REVIEW
COMMITTEE.
Chairman Hernandez: Item 34. Property and Asset Review Board. Commissioner Gort.
Commissioner Gort: Jose Comas.
Commissioner Plummer: Move the name proffered be accepted.
Chairman Hernandez: Motion by Commissioner Plummer, seconded by Vice Chairman Teele.
All those in favor say "aye."
214 March 10, 1998
The Commission (Collectively): Aye.
Vice Chairman Teele: Does this board never meet.
Chairman Hernandez: I have still... Nobody has ever... from my appointments siad they have
never met.
Vice Chairman Teele: Has this board ever met?
Commissioner Plummer: Which board?
Vice Chairman Teele: The Property Review Board.
Chairman Hernandez: Never met. They have never called meeting in the last year, that I know
of.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-269
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE PROPERTY AND ASSET REVIEW COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
41. DIRECTIVE TO ABOLISH TAX EXEMPT PROPERTY STEERING
COMMITTEE.
Commissioner Regalado: Nor the Tax Exempt Property Steering Committee.
Chairman Hernandez: And, neither the next board, either.
Commissioner Plummer: OK, I suggested that the next board be sunseted.
215 March 10, 1998
Mr. Maxwell: Yes, you can abolish that.
Commissioner Plummer: OK.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): You are talking about item 35, are you not?
Commissioner Plummer: OK, without... The one thing that this next board was very clear...
Mr. Maxwell: Thirty-six.
Commissioner Plummer: ... and could not do a thing without changing of legislation. We have
still got it before the legislature the try to change the terminology. Without a change of
terminology, this board can't move.
Mr. Maxwell: Well, this... No, sir. Well, you have the PILOT. You are speaking about pilot,
payment in lieu of taxes.
Commissioner Plummer: pilot, in lieu of taxes.
Mr. Maxwell, But... Right. But, the committee that you have before them, well, it's says Tax
Exempt Property Steering Committee.
Commissioner Plummer: Right.
Mr. Maxwell: And, that's a separate board. You really don't have to act on this board, because
this board came into being because of a legislative requirement a couple of years ago.
Vice Chairman Teele: Which number are we talking about?
Mr. Maxwell: This is 35. You really can just direct the administration to abolish this board,
right now.
Commissioner Plummer: I move that the item 35, the board be abolished.
Mr. Maxwell: And, we will present you with the proper legislation.
Commissioner Plummer: Hello.
Chairman Hernandez: Hold on a second.
Commissioner Plummer: Thirty-five to be abolished as recommended by the City Attorney. No,
it's a different board.
Mr. Maxwell: This is the... We are speaking now of the Tax Exempt Property Steering
Committee.
Commissioner Plummer: That's correct.
Commissioner Regalado: No, he was...
Unidentified Speaker: That's the one you are eliminating?
Commissioner Plummer: Yeah.
216 March 10, 1998
Mr. Maxwell: Yes. Not PILOT. No, PILOT is a separate committee.
Chairman Hernandez: What do we have on item thirty...?
Commissioner Plummer: We are abolishing item 35...
Chairman Hernandez: You are...
Commissioner Plummer: ... at the recommendation of the City Attorney.
Chairman Hernandez: Item 35...
Commissioner Plummer: Yes, sir.
Mr. Jose Garcia -Pedrosa: It's the board.
Chairman Hernandez: ... is being abolished or withdrawn. What did you say?
Mr. Garcia -Pedrosa: It's the board and...
Mr. Maxwell: The board... We will come... with the committee. Yeah, we will come back with
the legislation to wipe it out of the books for you.
Commissioner Gort: Second.
Chairman Hernandez: OK, so at this point in time, what are we doing, withdrawing the item?
Mr. Maxwell: You don't... Yes, you don't need to act on it today.
Chairman Hernandez: OK.
Mr. Garcia -Pedrosa: Is it abolished or not?
Mr. Maxwell: Well, it would be a pocket resolution. I have to check to see if there is anything
in the Code on it.
Commissioner Plummer: Bring it back. Come on, please, let's get out of here.
Chairman Hernandez: All right.
END OF DISCUSSION -- NO ACTION TAKEN
217 March 10, 1998
----------------------------------------------------------------------------------------------------------------
42. APPOINT RAMON FONTICOBBA TO UNITY COUNCIL OF MIAMI.
Chairman Hernandez: All right, item 36.
Commissioner Gort: Maria is waiting.
Chairman Hernandez: Community Council, TUCOM. (The Unity Council of Miami). I pass.
Commissioner Plummer: I pass.
Commissioner Gort: Ramon Fonticobba.
Commissioner Plummer: I move the names be proffered be accepted. The remainder to be put
over 'till the next meeting.
Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner Teele.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-270
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
BOARD OF DIRECTORS OF THE UNITY COUNCIL OF MIAMI ("TUCOM") FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
218 March 10, 1998
----------------------------------------------------------------------------------------------------------------
43. APPOINT SEVERAL INDIVIDUALS TO URBAN DEVELOPMENT REVIEW
BOARD.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 37, Urban Development Review Board.
Commissioner Regalado: I have an appointment, Mr. Chairman.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Willy Bermello.
Commissioner Plummer: He's on another board now. It's not a conflict, is it?
Commissioner Regalado: Which one?
Chairman Hernandez: One could be advisory, the other could be quasi judicial.
Commissioner Plummer: OK, OK.
Commissioner Regalado: OK, Willy Bermello, that's the name.
Commissioner Gort: I got two.
Mr. Joel E. Maxwell, Esq. (Interim City Manager): Which board are you putting him on?
Commissioner Plummer: Thirty-seven. Urban Development Review Board.
Commissioner Gort: I have got two.
Mr. Maxwell: Yeah, what is the other board that he's on?
Commissioner Plummer: What? Willy Bermello.
Mr. Maxwell: Willy Bermello.
Commissioner Gort: I have Robert Chisholm, and Clyde Judson.
Commissioner Plummer: Thirty-seven the... It is the Urban Development Review Board.
Mr. Maxwell: Right, he is on that board. And, I understand you said he is on another board as
well?
Commissioner Plummer: I understand... Isn't he on another board?
Mr. Walter J. Foeman (City Clerk): Yes, he is. We will check that. I believe he is on Latin
Quarter Review. But, I'll have to check it and confirm it.
Mr. Maxwell: I... those two boards...?
Commissioner Plummer: And, I don't know that it's in a conflict. But, I am just asking.
219 March 10, 1998
Mr. Maxwell: Yeah, he can't be on those two boards. He can't be on both of those two boards.
Mr. Foeman: Joel, let me confirm that he is on Latin Quarter Review. I am going to have to
check.
Vice Chairman Teele: I thought you all made him the engineering consultant on the Latin
Tower?
Mr. Foeman: We'll confirm. We'll confirm that.
Commissioner Regalado: No, he's been the engineer for the Tower Theater for... No he
expressed interest on being on that board. So, I don't know.
Commissioner Plummer: All right, where are we?
Mr. Garcia -Pedrosa: Number 37.
Unidentified Speaker: And, no one moved...
Commissioner Gort: No, wait a minute, did you move on my appointments?
Commissioner Plummer: I move the names on item 37 that have been proffered be accepted.
And, the remainder be carried 'till the next meeting.
Commissioner Gort: Second.
Mr. Garcia -Pedrosa: Mr. Chairman, with the Commission's acquiescence, for the next meeting
we would not reproduce the inch worth of paper?
Commissioner Plummer: Well, wait a minute, hold on. We might answer our own question on
37. Willy Bermello is a member of that board presently, and he can be reappointed according to
the bottom paragraph.
Mr. Maxwell: He is the chairman of that board, Urban Development Review Board.
Commissioner Plummer: So, then, I don't see that there is any problem there.
Commissioner Regalado: Huh?
Commissioner Gort: It's been moved and it has been seconded.
Commissioner Plummer: Yes.
Commissioner Regalado: I am sorry. What did you say?
Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort.
Commissioner Regalado: Willy can be...
Commissioner Plummer: Yes.
Commissioner Regalado: OK, OK.
220 March 10, 1998
Chairman Hernandez: OK, all those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: What was that? Who appointed...? What was the appointment.
Commissioner Plummer: On... Bermello can serve on that board...
Chairman Hernandez: Right.
Commissioner Plummer: ... by the bottom paragraph...
Chairman Hernandez: OK.
Commissioner Plummer: ... of the thing.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-271
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE URBAN
DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
44. APPOINT HUMBERTO PELLON AND ILEANA HERNANDEZ-ACOSTA TO
ZONING BOARD -- SEE LABEL 48.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Can we...?
Commissioner Plummer: On thirty-eight, I move mine 'till the next meeting.
Commissioner Gort: I have Humberto Pellon and Illeana Hernandez -Acosta.
Chairman Hernandez: I am passing mine. Vice Chairman Teele.
221 March 10, 1998
Vice Chairman Teele: Pass.
Chairman Hernandez: Pass too.
Commissioner Plummer: Move the names proffered be accepted. The remaining be put off...
Commissioner Regalado: Second.
Commissioner Plummer: ... 'till the next meeting.
Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner
Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-272
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE ZONING
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
45. WITHDRAW APPOINTMENT OF ORLANDO GARCIA, JR. TO PLANNING
ADVISORY BOARD -- READVERTISE FOR SAID BOARD -- SEE LABEL
39.
Chairman Hernandez: Let's go back to item 33, there is a problem with the City Clerk.
Commissioner Plummer: Wait a minute, we are up to 39.
Chairman Hernandez: Yeah, but let's go to 33, again.
222 March 10, 1998
Commissioner Plummer: Thirty-three, again.
Chairman Hernandez: Planning Advisory Board.
Commissioner Plummer: Planning Advisory Board. All right. Who wants to make an
appointment?
Commissioner Gort: The appointment that I made has to be readvertised.
Commissioner Plummer: All right.
Commissioner Gort: I withdraw my appointment.
Commissioner Plummer: All right. What action do we need to take before this board to do that?
Mr. Walter J. Foeman (City Clerk): Just to direct the Clerk to go back out and readvertise the...
Commissioner Plummer: I direct that by a motion we direct the Clerk to do it.
Commissioner Regalado: Second.
Commissioner Plummer: No objections. We are back to item 39.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-273
A MOTION DIRECTING THE CITY CLERK TO READVERTISE FOR
APPLICATIONS TO THE PLANNING ADVISORY BOARD.
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 Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
223 March 10, 1998
----------------------------------------------------------------------------------------------------------------
46. (A)BRIEF DISCUSSION RELATED TO ZONING BOARD
APPOINTMENTS -- SEE LABEL 44.
(B)APPOINT ARTHUR KING AND REY MARTINEZ TO HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD -- SEE LABEL 44.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: We are back to item 39. I guess.
Chairman Hernandez: Hold on a second. What...? Thirty-nine.
Commissioner Plummer: Yeah.
Chairman Hernandez: Thirty-eight, thirty-eight.
Commissioner Plummer: Thirty-eight. I move mine over 'till the next meeting.
Chairman Hernandez: I pass, and Vice Chairman Teele pass. So, there are no appointments for
38, right?
Commissioner Gort: Yes, there is. I made two appointments.
Chairman Hernandez: There is? OK.
Commissioner Plummer: Move that it be moved over 'till the next meeting.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I made two appointments.
Commissioner Plummer: Well, hurry up.
Commissioner Gort: I already did it...
Mr. Garcia -Pedrosa (City Manager): No, you already did it. And, you only have...
Commissioner Gort: ... and, it was passed.
Chairman Hernandez: OK, he appointed to... There is a motion by Commissioner Plummer,
seconded by Commissioner Regalado. All those in...
Vice Chairman Teele: He appointed who?
Commissioner Gort: The Zoning Board.
Chairman Hernandez: Who are your two appointments, sir? Who are his two appointments?
Mr. Garcia -Pedrosa: Commissioner Gort appointed Ileana Hernandez -Acosta and Humberto
Pellon.
Vice Chairman Teele: Is this to the Zoning Board?
224 March 10, 1998
Chairman Hernandez: Yes, sir.
Commissioner Plummer: Yes.
Commissioner Gort: Right.
Commissioner Plummer: Ho-ho-ho. Historic Board. I don't have anything.
Commissioner Gort: Let me ask a question. Pellon, I only put him for the Planning, not for the
Zoning.
Commissioner Plummer: What...?
Commissioner Gort: Let me ask you a question. I mean, the application is in. Mr. Attorney.
Commissioner Plummer: You didn't advertise.
Commissioner Regalado: Thirty-nine?
Mr. Joel E. Maxwell (Interim City Attorney): He didn't... If he didn't submit the name in... the
name is non on file.
Commissioner Gort: He submitted an application. His application is here on file for Zoning.
Six appointments...
Mr. Maxwell: But, it is not for this board. Mr. Clerk, where do you have it?
Mr. Walter J. Foeman (City Clerk): Pellon applied for the PAB (Planning Advisory Board), and
not the Zoning Board.
Commissioner Gort: But, you have it here in the Zoning appointments. His name is here under
the Zoning appointments.
Mr. Foeman: Well, if you look on my list for the PAB, he is listed for the Planning Advisory
Board. He submitted an application for that.
Commissioner Plummer: What are we going to do? Hello?
Mr. Maxwell: If it's not... If he didn't submit an application for that board, I suggest you
readvertise and let him...
Commissioner Gort: So, readvertise.
END OF DISCUSSION -- NO ACTION TAKEN
Commissioner Plummer: Are we on the next item? Mr. Chairman, are we ready for pockets?
Chairman Hernandez: No, item 39.
Commissioner Plummer: We moved that over, didn't we?
Chairman Hernandez: No, I appointed Arthur King.
225 March 10, 1998
Mr. Jose Garcia -Pedrosa (City Manager): Hold on for a minute. Because, what I am reading
here is that he can apply for the Planning Advisory Board...
Commissioner Regalado: Ray.
Mr. Garcia -Pedrosa: ... and or the Zoning Board.
Commissioner Gort: That was my understanding, but the Clerk is telling me differently.
Mr. Walter J. Foeman (City Clerk): That is correct. That is correct.
Mr. Garcia -Pedrosa: Well, that's what this piece of paper says.
Commissioner Regalado: Ray Martinez is... Mr. Chairman.
Commissioner Gort: So, can I appoint him or not? Come on, guys.
Mr. Maxwell: It depends on... The Clerk told you, he only applied for one board. Now, if he
misread.
Commissioner Gort: Now it says that he's applied for two boards.
Mr. Maxwell: ... It may be that the Clerk overlooked that, and he can clarify that, right now.
Commissioner Gort: Will you put on the record, Mr. Clerk...?
Mr. Maxwell: The application that...
Mr. Foeman: Yes. Can I just say, he did it?
Commissioner Plummer: Wait, wait, wait. What is this?
Commissioner Gort: Wait a minute.
Mr. Foeman: He did apply for both. On our handout, we only reflected the PAB, but he in fact,
applied for PAB and Zoning.
Mr. Maxwell: OK. Then you can consider it.
Commissioner Gort: I would like to appoint, Mr. Pellon to the Zoning Board.
Commissioner Plummer: I move the name proffered be accepted.
Commissioner Regalado: Second.
Chairman Hernandez: Did you hear, Arthur King for 39.
Mr. Garcia -Pedrosa: Yeah.
Chairman Hernandez: OK. There is a motion by Commissioner Plummer, seconded by
Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
226 March 10, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-274
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
47. AUTHORIZE USE OF MIAMI-DADE COUNTY FACILITIES FOR FUELING
AND EMISSIONS TESTING OF MIAMI VEHICLES -- ALLOCATE
$1,300,787.00 FROM GENERAL SERVICES ADMINISTRATION LIGHT
FLEET MANAGEMENT BUDGET ACCT. 5903001.420905.6.715. -- SEE
LABEL 4.12.
-------------------- -------------------------------------------------------------------------------------------
Chairman Hernandez: Pocket items. Commissioner Plummer.
Commissioner Plummer: This is one of the Police Department...
Commissioner Regalado: Excuse me. Item 39, we did that?
Commissioner Plummer: That... We have finished it.
Commissioner Regalado: OK. Ray Martinez is the person there.
Commissioner Gort: Maria is waiting for me.
Chairman Hernandez: Before....
Commissioner Gort: J. L. is paying. Come on, guys.
Commissioner Plummer: No. No, no, you are not going to the Greek Restaurant. Uh-uh.
Chairman Hernandez: What's that?
227 March 10, 1998
Commissioner Plummer: No, we don't want Willy at the Greek Restaurant. Maria says, "no,
Willy Gort."
Chairman Hernandez: Before we go to pocket items...
Commissioner Plummer: But, wait...
Chairman Hernandez: Before we go to pocket items, Commissioner Plummer. We promised
and we said for them to prepare it. If we don't want to hear it... But, at least, let's call it up.
CA-12, what you wanted to withdraw, the...
Commissioner Plummer: Was that the one in reference to the fueling and testing? I move CA-
12. They came and gave a very clear and definite explanation.
Vice Chairman Teele: Second the motion.
Chairman Hernandez: There is a motion by Commissioner Plummer, seconded by Vice
Chairman Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-275
A RESOLUTION AUTHORIZING THE USE OF MIAMI-DADE COUNTY
FACILITIES FOR THE FUELING AND EMISSIONS TESTING OF CITY OF MIAMI
VEHICLES, AT THE SAME ESTABLISHED CONTRACTUAL TERMS AND
CONDITIONS AGREED TO IN A LETTER OF UNDERSTANDING DATED JULY
13, 1994, FOR AN INITIAL PERIOD OF ONE YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, UNDER THE
SAME TERMS AND CONDITIONS, AND SUBJECT TO THE AVAILABILITY OF
FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $1,300,787,00;
ALLOCATING FUNDS THEREFOR, FOR THE INITIAL FIRST YEAR PERIOD,
FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, LIGHT
FLEET MANAGEMENT, FY '98 OPERATING BUDGET, ACCOUNT NO.
503001.420905.6.715; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
FUELING AND EMISSIONS TESTING SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
228 March 10, 1998
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
48. WAIVE RESIDENCY REQUIREMENT FOR ZONING BOARD
APPOINTMENT.
----------------------------------------------------------------------------------------------------------------
Mr. Jose Garcia -Pedrosa (City Manager): Mr. Chairman, I am told that on 39, there is a need of
a waiver of residency for Mr. Regalado's appointment.
Commissioner Plummer: Where does he live?
Chairman Hernandez: I got it. Heisenbottle and King, right?
Commissioner Plummer: Where does he live?
Commissioner Regalado: He does live outside the City of Miami.
Commissioner Plummer: that's...
Mr. Maxwell: He doesn't have an office in the City?
Vice Chairman Teele: In Weston.
Chairman Hernandez: You need a four -fifths.
Commissioner Regalado: Southwest 94th Avenue.
Chairman Hernandez: Four -fifths.
Commissioner Plummer: Outside of Dade?
Vice Chairman Teele: Weston.
Commissioner Regalado: No. It's in Westchester.
Commissioner Plummer: Outside of South Florida? I move the waiver.
Commissioner Regalado: Poor guy.
229 March 10, 1998
Chairman Hernandez: There is a motion to waive the requirements. Is there a second?
Commissioner Regalado: Second.
Chairman Hernandez: Seconded by Vice Chairman Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-276
A MOTION WAIVING, BY A FOUR -FIFTHS VOTE OF THE COMMISSION,
REQUIREMENTS OF CITY CODE SECTION 2-884 (ALL MEMBERS OF CITY
BOARDS SHALL EITHER BE PERMANENT RESIDENTS OF THE CITY, OWN
REAL PROPERTY IN THE CITY, OR WORK OR MAINTAIN A BUSINESS IN THE
CITY) AS IT PERTAINS TO REY MARTINEZ, MEMBER OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD (CITIZEN SEAT CATEGORY).
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.
---------------------------------------------------------------------------------------------------------
49. EMERGENCY ORDINANCE: AMEND SECTION 42-82,42-83, 42-87 OF
CODE -- INCREASE TO $1,000.00 ADMINISTRATIVE CIVIL PENALTIES
FOR REDEMPTION OF IMPOUNDED VEHICLES BY POLICE.
Chairman Hernandez: Pocket items.
Commissioner Plummer: This is from the Police Department
[AT THIS POINT, COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE
PUBLIC RECORD.]
Commissioner Regalado: Second.
Mr. Joel Maxwell (Interim City Attorney): Is that an emergency ordinance.
Commissioner Plummer: I said, emergency ordinance. Are you asleep? It doesn't say two
readings. Two... Call the roll, twice.
230 March 10, 1998
Chairman Hernandez: Why don't we read the ordinance, first?
Commissioner Plummer: I just read it.
Chairman Hernandez: Just kidding you. Roll call.
Commissioner Plummer: Succotash.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: All these people are asleep. Yes.
Commissioner Regalado: Yes.
Vice Chairman Teele: [No response given]
Commissioner Gort: Yes.
Chairman Hernandez: Yes.
Vice Chairman Teele: Before I vote, how much was the impoundment fee?
Commissioner Regalado: That's five hundred.
Mr. Garcia -Pedrosa: It went up from five hundred to one thousand.
Chairman Hernandez: Five hundred to a thousand. That was...
Vice Chairman Teele: I vote yes.
Mr. Foeman: Second roll call.
Chairman Hernandez: Was that your pocket item?
Commissioner Plummer: Yes.
Chairman Hernandez: That was great.
Commissioner Plummer: That was my pocket...
Mr. Foeman: Second roll call. Second roll call by...
Vice Chairman Teele: Second roll call.
Commissioner Plummer: And, Mr. Chairman, if I may? Have you done it twice? God.
Vice Chairman Teele: Second roll call.
Mr. Foeman: Second roll call.
Vice Chairman Teele: Yes, sir.
Commissioner Regalado: Yes.
231 March 10, 1998
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
Chairman Hernandez: Yes.
Commissioner Plummer: Chief Warshaw, sir. Sit down, you don't need to come to the
microphone. For God sakes, it's not my district, it's Arthur's. And, he's just too much of a
gentleman to tell you. Please, clean up under the expressway. Please?
Commissioner Regalado: It's already done.
Commissioner Gort: He's doing that.
Chairman Hernandez: We were just commenting on that.
Commissioner Regalado: It's already done. He has already done that.
Commissioner Plummer: Thank you.
Commissioner Gort: You should have gone there, Saturday.
Commissioner Regalado: You didn't go to the Lyric the other day?
Commissioner Plummer: What?
Commissioner Regalado: You didn't go to the Lyric the other day.
Commissioner Gort: You should have gone to the inauguration the other day.
Commissioner Plummer: What inauguration?
Commissioner Regalado: It's already done. It's already done.
Commissioner Gort: OK.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 42, ARTICLE VI,
SECTIONS 42-82 AND 42-83, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "VEHICLE IMPOUNDMENT." BY
INCREASING THE AMOUNT OF THE ADMINISTRATIVE CIVIL PENALTY
TO BE PAID FOR THE REDEMPTION OF IMPOUNDED VEHICLES, AS
HEREIN SPECIFIED, TO $1,000.00; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
232 March 10, 1998
was introduced by Commissioner Plummer and seconded by Commissioner Regalado,
for adoption as an emergency measure, and dispensing with the requirement of reading
same on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Regalado, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11621.
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.
----------------------------------------------------------------------------------------------------------------
50. EXPRESS SUPPORT FOR STATE HOUSE BILLS RELATED TO
ESTABLISHING MIAMI RIVER COMMISSION.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: As you remember, there was a meeting that took place for many months of
the Miami River Commission, and there is a bill that's being introduced to the House and to the
Senate. And, a bill to be entitled an act relating to the Miami River Commission providing
purposes; providing for a policy committee and a managing director, and a working group; a
specific membership for committee; providing powers and duties of the committee; requiring a
report, providing an appropriation, and providing an effective date. I would like to pass a
resolution supporting this bill.
Chairman Hernandez: I have the same pocket item, by the way.
Commissioner Gort: You got a copy of the bill.
233 March 10, 1998
Commissioner Plummer: Did you move it?
Commissioner Gort: Yes.
Commissioner Plummer: I second.
Chairman Hernandez: There is a motion of the floor, there is a second. Motion by
Commissioner Plummer, seconded by... Sorry. Motion by Commissioner Gort, seconded by
Commissioner Plummer. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-277
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING HB3807
AND SB1368 WHICH ESTABLISHES THE MIAMI RIVER COMMISSION, ITS
PURPOSE, STRUCTURE, POWERS, AND DUTIES; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN NAMED
OFFICIALS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
51. SCHEDULE EXECUTIVE SESSION FOR MARCH 19, 1998 AT 11:30 A.M. --
RELATED TO EDWARD MARQUEZ' LAWSUIT -- CANCEL SPECIAL
COMMISSION MEETING SCHEDULED FOR MARCH 11, 1998 AT NOON --
FURTHER LEAVE DISCRETION TO CALL SPECIAL MEETING FOR
MARCH 13, 1998 AT 2 PM IF NEEDED.
Chairman Hernandez: I have no pocket items. Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, I have...
Commissioner Plummer: Turn the...
234 March 10, 1998
Vice Chairman Teele: I have had my pocket item. I have an inquiry. I hope the... Is the press
on? The Herald has already gone to bed, hopefully.
Chairman Hernandez: I don't think so.
Vice Chairman Teele: In seriousness. Mr. Attorney, we have been sued by Mr. Marquez.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Yes, sir.
Vice Chairman Teele: Since I have been here, as a Commissioner, I have never been afforded
the opportunity to address the issue of Mr. Marquez. It has not come up. It has not been on the
agenda. I don't think that should occur like that. I mean, we shouldn't have issues that we.. that
are so complicated or so difficult. I mean, I have served for eight years in the legislative body,
and to my knowledge there were never issues that we couldn't deal with. As I said, I have never
even been in an executive session in the County. Does our contract with Mr. Marquez require
that he be the City Manager or an equivalent?
Mr. Maxwell: Mr. Vice Chairman, I would suggest to you that, because we are in litigation right
now, that with Mr. Marquez... Mr. Marquez on this issue, that would not be the proper subject of
discussion right now. Because, everything you say at this point, it could become the subject of
discussion in court and used against us or for us, or whatever the case may be. And, my advise
would be that you... that that not be the discussion... discussed today.
Vice Chairman Teele: I agree that it shouldn't be discussed. But, the facts are the facts. And,
the facts are not in dispute. The contract itself will speak for itself. Does the contract require that
he be the Manager or that he be...? Does the contract specifically require that he be the
Manager?
Mr. Maxwell: Well, there is a resolution that's at issue, not a contract. He would allege that the
resolution is a contract, and...
Vice Chairman Teele: Has the resolution been presented to this Commission? Has it been
rescinded?
Mr. Maxwell: The resolution was adopted by the City Commission.
Vice Chairman Teele: Has the resolution been rescinded?
Mr. Maxwell: The resolution, to my knowledge, has not come before the City Commission for
further action.
Vice Chairman Teele: Well, that's my point. And, you see, I have had a little legal experience
and I am not going to get myself in a situation where I am being sued, and I am never being
afforded the opportunity to deal with the issue. Now, you know, there is nothing... I mean, the
County was sued on 50,000 different issues. We never went into an executive session. We
could have discussions on issues. You clearly don't want to discuss things that are in grey area.
But, even on the lawsuit, relating to the composition of the County, we discussed that. Because,
there is no prohibition on discussing matters as it relates to a lawsuit. And, we cannot let... we
cannot let ourselves by governed by a rule that doesn't exist. Now, if Mr. Marquez has a
resolution, can a previous Commission bind a subsequent Commission as it relates to a mere
naked resolution?
Mr. Maxwell: Again, sir. I have rendered a legal opinion on this. I... What you are getting
into...
235 March 10, 1998
Vice Chairman Teele: I have not seen the opinion.
Mr. Maxwell: I rendered a legal opinion of...
Vice Chairman Teele: I am interested...
Mr. Maxwell: Yeah.
Vice Chairman Teele: ... in providing Mr. Marquez a relief. It may not be the relief that he
wants. But, I think it is the height of irresponsibility for this legislative body to sit here and say
we are in a lawsuit, and not try to minimize our damages.
Mr. Maxwell: Yes, sir.
Vice Chairman Teele: I mean, now, the law business works both ways. You don't just sit there
and take it in the ear. You sit there and try to figure out how to get out of it too. So, I have got
no advice on how to get out of this lawsuit.
Mr. Maxwell: Well, the lawsuit was... We got the lawsuit in our office, yesterday.
Vice Chairman Teele: Well, I am interested in...
Mr. Maxwell: Yeah.
Vice Chairman Teele: ... trying to address Mr. Marquez' issues. I want to be on the record. I
may be the only person.
Commissioner Gort: No.
Vice Chairman Teele: I am being forewarned all year. But, I am going to continue to fight for
what I believe. I think it is the height of irresponsibility for this Commission, I am talking about
Commissioner Plummer, Commissioner Gort, Commissioner Hernandez, Commissioner Teele
and Commissioner Regalado, to let someone sue us, and us not to try to figure out a way to
minimize our damages if... You now, look, I am the Chairman of the CRA (Community
Redevelopment Agency).
Commissioner Gort: I agree with you, that should have come in front of us, and we should have
made a decision if we wanted to or not.
Vice Chairman Teele: I am the Chairman of the CRA. I got a vacancy. Herb Bailey was
making one hundred and forty thousand dollars ($140,000). I mean, can I offer? Can the
Commission offer Mr. Marquez the job of the CRA Executive Director. I mean...
Mr. Maxwell: Well, I... Let me say this.
Vice Chairman Teele: I mean, I am asking that rhetorically.
Mr. Maxwell: Thank you.
Vice Chairman Teele: I am not offering that. I am not saying that. I am merely saying that
there ought to be some other ways that we can afford ourselves of some remedy without having
to write a check. Because, I am telling you, I have seen this City do this. We did it with Police
Chiefs. If you go back and you get all the money that we have written checks to people for, I
236 March 10, 1998
believe one of the reasons we write checks is we don't really try to figure out how to get out of
these problems. And, I have not been afforded... Since I have been a Commissioner here, no
one has given me... the Law Department, the Clerk or the Manager have not given me any
mechanism to say what I am saying now. And, that is, I am comfortable with Mr. Garcia -
Pedrosa as the Manager. I am going to be comfortable with him for the next year. He is not
going to get that job back. But, if I had been given an opportunity to vote for Mr. Marquez, I
would have offered him something. And, I am saying, we need to not just put our heads in the
sand, and say, we have been sued, we have been sued, we have been sued. And, we need to try
to figure out a way to address Mr. Marquez' issue. Because, I can tell you, if we don't do
something, we are going to write a check to this man for all of the time that we have done
nothing. And, I mean, Mr. Manager, you know, if you want to weigh in on this? I mean, I
would really like to hear what you got to say, but I am being very sincere about this. There is...
This is no way to run this ship. It is how much money he is suing us for?
Mr. Maxwell: Well, he simply asked minimum damages for jurisdictional purposes. That's all
that's stated in this complaint. That's fifteen thousand dollars ($15,000). But, of course, the real
issue would be what he alleges is the value of the contract.
Vice Chairman Teele: For one year?
Mr. Maxwell: No, he alleges that... Well, the reso... He alleges that it's through 1999.
Vice Chairman Teele: Well, Mr. Chairman, I don't know how to deal with this, other than... I
mean, if we have to go to an executive session, I don't mind going into executive session, but I
will tell this, Mr. Chairman. We do not need to put ourselves in this position. Especially, if he
has a colorable claim, which I am not saying he does, or he doesn't. I don't know. But, I know
one thing, he has run around here saying that he wants to be paid, it's never come up. I said, Mr.
Marquez when it comes up, I'll address it. And, I have never been afforded that. And, I had no
idea that we were at the point of him suing.
Chairman Hernandez: he was...
Vice Chairman Teele: So, I just hope that Mr. Chairman, you will look into this and that we can
figure out a way to get this matter to some resolution other than just...
Chairman Hernandez: It was...
Commissioner Gort: I have a question.
Chairman Hernandez: It was my understanding that the City had...
Commissioner Plummer: I told you so.
Chairman Hernandez: ... made an offer, but it wasn't the one he wanted.
Commissioner Gort: Excuse me.
Chairman Hernandez: That's what he told me. And, he gave us two weeks to counter offer. He
told me that there was an offer made at one point in time. But, it's not...
Commissioner Plummer: By who?
Chairman Hernandez: It's not the one...
237 March 10, 1998
Mr. Jose Pedrosa -Garcia (City Manager): Mr. Commissioner. I think, if I may say this...
Commissioner Plummer: The little boy voted against it.
Mr. Garcia -Pedrosa: If you want to discuss the possibility of a settlement, that's what executive
sessions were designed...
Vice Chairman Teele: I don't want to discuss a settlement. I would like to get the facts, because
I have never been appraised of the facts. You may have the facts, but I don't have the facts, and
this is the Board of Directors for the City. We are the ones being sued.
Commissioner Plummer: I have got a great idea for you. I think you ought to...
Chairman Hernandez: Stop the bleeding.
Commissioner Plummer: ... make the City Manager here, in charge of Finance. No, in charge of
money.
Chairman Hernandez: I'll call an executive session to...
Mr. Garcia -Pedrosa: Yeah, but, that doesn't resolve the lawsuit.
Commissioner Plummer: That way, I don't have to pay you for not doing anything.
Vice Chairman Teele: Mr. Chairman, if you want to call an executive session. I mean, I
certainly don't...
Chairman Hernandez: Just to get all the facts.
Vice Chairman Teele: ... object to that. But, I mean, I must tell you... You know, this idea of
going into...
Mr. Maxwell: That would be the proper place for it, Mr. Vice Chairman.
Commissioner Gort: Why don't we do it on the 19th at 11:30?
Chairman Hernandez: We can...
Commissioner Plummer: Ah-hhh.
Chairman Hernandez: Yeah, we can do it, 30 minutes prior to our...
Mr. Garcia -Pedrosa: That's the day of the special session.
Commissioner Gort: Right. Let's do it on the 19th at 11:30. I think you can give all the
information at that time.
Commissioner Regalado: OK.
Chairman Hernandez: That way we can...
Vice Chairman Teele: Mr. Chairman, I would move that we have the executive session on the
19th at 11:30 for the purpose of discussing...
238 March 10, 1998
Chairman Hernandez: The facts.
Vice Chairman Teele: ... the facts and the lawsuit relating to Mr. Marquez.
Chairman Hernandez: Absolutely. There is a motion by Vice Chairman Teele, seconded by
Commissioner Regalado. Discussion.
Mr. Garcia -Pedrosa: Where do you want to have the session? You don't want to have it here?
Commissioner Regalado: No.
Commissioner Gort: There are certain rules...
Chairman Hernandez: No, we have it upstairs. In my conference room. In my conference
room. That's fine.
Commissioner Plummer: Wait a minute, we are going to have an executive session?
Chairman Hernandez: At 11:30 on the 19th. In...
Mr. Garcia -Pedrosa: In his conference room.
Commissioner Plummer: Ah-hhh. You know...
Chairman Hernandez: Just for facts and figures. That's all we want.
Commissioner Plummer: OK.
Chairman Hernandez: Facts and figures.
Chairman Hernandez: This meeting is... Is there any further discussion by this Commission, the
City Manager...?
Commissioner Gort: Call the question.
Commissioner Plummer: On what?
Commissioner Regalado: Tomorrow, noon?
Chairman Hernandez: Tomorrow at 12 o'clock we meet here, and...
Commissioner Plummer: Oh, we are still meeting?
Commissioner Gort: Sure.
Chairman Hernandez: Yes, we are.
Commissioner Regalado: I don't know.
Mr. Maxwell: Why?
Commissioner Gort: We got to meet guys.
Mr. Maxwell: What is it? Are we adjourning?
239 March 10, 1998
Vice Chairman Teele: Mr. Chairman, why are we meeting?
Commissioner Regalado: I don't know.
Mr. Maxwell: Mr. Chairman.
Chairman Hernandez: Yes, sir.
Commissioner Plummer: I make a motion now for the new Mayor, are you ready?
Commissioner Regalado: No, no.
Mr. Maxwell: Are you now entertaining a motion to adjourn?
Chairman Hernandez: Yes.
Vice Chairman Teele: Motion to recess.
Mr. Maxwell: I... Well, actually, what you are doing is, fixing the time at which to adjourn.
And, I think that was to March the 19th.
Commissioner Gort: Right.
Mr. Maxwell: At noon.
Chairman Hernandez: Correct.
Mr. Maxwell: OK. Thank you.
Vice Chairman Teele: Mr. Chairman, are we going to meet tomorrow?
Commissioner Plummer: Sure, I am going to make the motion.
Chairman Hernandez: Yes, we are. We are going to meet tomorrow.
Vice Chairman Teele: But, the hearing is going to be tomorrow morning?
Commissioner Plummer: What hearing?
Mr. Maxwell: Nine o'clock.
Chairman Hernandez: Oral arguments at nine in the morning.
Commissioner Plummer: Wait a minute. What's the hearing tomorrow? Oh, you mean, before
the...
Vice Chairman Teele: Oral arguments before the Appellant Court at 9:30, 10 o'clock?
Chairman Hernandez: Yes, sir.
Mr. Maxwell: Nine o'clock.
Mr. Garcia -Pedrosa: At nine o'clock.
240 March 10, 1998
Vice Chairman Teele: At nine o'clock.
Mr. Maxwell: Yes, sir.
Vice Chairman Teele: And, we expect an opinion to be rendered immediately?
Mr. Maxwell: That's pure speculation.
Chairman Hernandez: The court stated, at least today in the paper, that they wouldn't even...
They... not on Wednesday at least.
Commissioner Plummer: Are you buying lunch?
Chairman Hernandez: I'll buy lunch.
Commissioner Plummer: At Joe's Stone Crabs?
Commissioner Gort: Should you wait for the court decision, then?
Chairman Hernandez: No, we stay... We stay within the City of Miami.
Commissioner Gort: Should you wait for the court decision, then?
Chairman Hernandez: Well, listen. What's the spirit of this Commission at...? You want to
wait for the court ruling? We wait for the court ruling.
Commissioner Gort: Well, let met ask you a question. My understanding is, we talked about
today, that we added some... We amended the document that was presented by our attorney...
Commissioner Plummer: Well...
Commissioner Gort: ... where according to that document, it's to the decision of the Judge.
Then, we have to make the decision.
Chairman Hernandez: Are you going before Judge Wilson...?
Mr. Maxwell: All right, I filed... Your directions to me were either to go Circuit Court or to
Appellant Court. I filed this afternoon, pleadings in the Court of Appeal setting forth the
directions that you gave me this morning. So, that, I have followed through on that already.
Chairman Hernandez: In the Court of Appeals?
Mr. Maxwell: With the Court of Appeals.
Chairman Hernandez: All right.
Mr. Maxwell: That's right. I filed an amended Amicus brief. I am sorry, supplemental Amicus
brief.
Commissioner Plummer: Can I make a suggestion, I think that's smart?
Vice Chairman Teele: Friday at five o'clock.
241 March 10, 1998
Commissioner Plummer: No, not necessarily, OK. When the decision comes down, the
Chairman calls a meeting.
Vice Chairman Teele: Does the Chairman have the authority...?
Commissioner Plummer: And, at the latest we have a meeting would be...
Commissioner Gort: It's Saturday.
Commissioner Plummer: ... Friday afternoon.
Commissioner Gort: OK.
Vice Chairman Teele: The Chairman has the authority to call a meeting?
Commissioner Plummer: Absolutely. It takes three of us without a Chairman to overrule 'em.
Chairman Hernandez: Correct.
Mr. Maxwell: In this particular instance, yes, you do.
Chairman Hernandez: What...? Saturday deadline is what, six o'clock, twelve o'clock? What's
the deadline.
Mr. Maxwell: Midnight.
Chairman Hernandez: Midnight, six... at Saturday.
Mr. Maxwell: Yes, yes.
Chairman Hernandez: All right....
Vice Chairman Teele: Why don't we agree on an optional time? What about Friday at four or
Saturday at two.
Commissioner Plummer: No, no, no. Excuse me. I got a set funeral for that and that... If you
have it on Friday, it's...
Vice Chairman Teele: No, no, no. We are not going to agree. But, the Chairman is going to call
the meeting. And, what I am saying is, why don't we now harsh out the schedule problems that
we have. You got a funeral on Saturday.
Commissioner Plummer: I can make it Friday afternoon. Friday at four o'clock.
Chairman Hernandez: I would like to do it Friday. Friday at twelve o'clock.
Commissioner Regalado: Friday afternoon.
Commissioner Gort: Friday at four.
Chairman Hernandez: Friday at twelve o'clock. At what? That's too late in the afternoon.
Commissioner Plummer: Oh, now you are going to buy dinner.
242 March 10, 1998
Vice Chairman Teele: What about Friday at two?
Commissioner Regalado: Friday at two.
Chairman Hernandez: Friday at two is tine with me.
Commissioner Gort: OK.
Chairman Hernandez: Friday at two.
Vice Chairman Teele: So, we voted to have a special meeting on tomorrow at noon. Are we
going to rescind that now, and leave it to the discretion of the Chair to call the meeting?
Commissioner Plummer: No, we get free lunch. [inaudible -- off microphone]
Commissioner Gort: That is correct.
Vice Chairman Teele: Is that...?
Commissioner Gort: Well, that's my understanding.
Chairman Hernandez: That's right.
Vice Chairman Teele: Mr. Chairman, is that what you want?
Chairman Hernandez: That's what I want. The question is, I just forewarned that if we do not
get a response from the court by Friday, we need to meet Saturday.
Commissioner Plummer: Seven o'clock in the morning?
Chairman Hernandez: Or, we make a decision on Friday at two o'clock. It's as simple as that.
Commissioner Gort: We make a decision on Friday at two o'clock.
Vice Chairman Teele: Mr. Chairman, I would move that the meeting...
Mr. Maxwell: Ah... thank you. Just a minute, you adjourned the meeting. You need to...
Vice Chairman Teele: No, we didn't adjourn, we recessed.
Mr. Maxwell: You... Remember what you did. You adjourned this meeting to...
Commissioner Gort: Move to reopen.
Mr. Maxwell: ... to the 19th.
Vice Chairman Teele: Did we vote on that?
Chairman Hernandez: No, we never closed.
Mr. Walter J. Foeman: We never voted on this at all.
Chairman Hernandez: We haven't voted.
243 March 10, 1998
Mr. Maxwell: You didn't vote. Oh, I stand corrected. I am sorry, I thought you did vote.
Vice Chairman Teele: We did not vote.
Chairman Hernandez: No.
Commissioner Plummer: Continue.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes.
Vice Chairman Teele: I would move that the meeting previously called for tomorrow at high
noon be cancelled and that the Chair be given the leave to call a meeting with a notice of
availability that two o'clock on Friday is a convenient time for a majority... for the unanimous...
for five, all five Commissioners.
Chairman Hernandez: Regardless if there is a court opinion or not?
Vice Chairman Teele: Well, you don't have to call the meeting on Friday.
Chairman Hernandez: Right.
Vice Chairman Teele: It's up to you.
Commissioner Regalado: If they don't have the session, you don't have to.
Chairman Hernandez: All rightee.
Commissioner Plummer: If you don't have it by Friday at two o'clock, you are not going to
have it, by Saturday, OK.
Chairman Hernandez: That's right. That's what I am saying. So, then...
Vice Chairman Teele: Well, that...
Commissioner Plummer: What?
Vice Chairman Teele: That may or may not be.
Commissioner Plummer: Who asked you?
Chairman Hernandez: OK.
Commissioner Plummer: Can I check with Commissioner Kuper, first?
Chairman Hernandez: That's fine. There is a motion.
Vice Chairman Teele: Mr. Chairman, there is a motion.
Chairman Hernandez: There is a motion.
Vice Chairman Teele: Is there a second?
244 March 10, 1998
Commissioner Gort: Second.
Chairman Hernandez: There is a motion by Vice Chairman Teele, seconded by Commissioner
Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-278
A MOTION CALLING AN EXECUTIVE SESSION OF THE CITY COMMISSION
TO BE HELD ON THURSDAY, MARCH 19, 1998 AT 11:30 A.M., IN CHAIRMAN
HERNANDEZ'S CONFERENCE ROOM, IN CONNECTION WITH FACTS AND
FIGURES RELATED TO THE COMPLAINT FILED AGAINST THE CITY OF
MIAMI BY FORMER CITY MANAGER EDWARD MARQUEZ ALLEGING
BREACH OF CONTRACT, FURTHER CANCELLING THE SPECIAL
COMMISSION MEETING WHICH HAD BEEN CALLED FOR WEDNESDAY
MARCH 11, 1998 AT NOON; AND FURTHER LEAVING TO THE DISCRETION
OF PRESIDING OFFICER HERNANDEZ TO CALL A SPECIAL MEETING ON
FRIDAY, MARCH 13, 1998, 2 P.M., WITH A NOTICE OF AVAILABILITY THAT
SUCH TIME IS CONVENIENT TO ALL MEMBERS OF THE CITY COMMISSION.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: Is there a motion to...?
Vice Chairman Teele: Mr. Chairman, I move that the meeting be recessed until twelve o'clock
on Thursday...
Chairman Hernandez: March the 19th.
Vice Chairman Teele: March the 19th.
Commissioner Gort: Adjourned.
Mr. Maxwell: Adjourned to twelve o'clock.
Chairman Hernandez: There is a motion by Vice Chairman Teele, seconded by Commissioner
Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
245 March 10, 1998
Chairman Hernandez: This meeting is now adjourned.
----------------------------------------------------------------------------------------------------------------
52. RECESS / CONTINUE CITY COMMISSION MEETING OF MARCH 10, 1998
TO MARCH 19, 1998 AT NOON.
Vice Chairman Teele: Recessed.
Chairman Hernandez: Recessed.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-279
A MOTION TO RECESS (CONTINUE) TODAY'S COMMISSION MEETING UNTIL
THURSDAY, MARCH 19, 1998 BEGINNING AT NOON.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:10 P.M.
COMMISSIONER HUMBERTO HERNANDEZ
PRESIDING OFFICER/CHAIRMAN
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
246 March 10, 1998