HomeMy WebLinkAboutCC 1998-03-24 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON March 24, 1998 (Planning & Zoning)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF PLANNING & ZONING MEETING
March 24, 1998
ITEM SUBJECT
NO.
LEGISLATION PAGE
NO.
1. PROCLAMATION -- WOMEN'S HISTORY DISCUSSION
MONTH. 3/24/98
2. RATIFY MAYOR'S VETO OF R 98-229 -- M 98-282
INSTRUCT CITY ATTORNEY TO DRAFT 3/24/98
LEGISLATION TO PROVIDE FOR
CEREMONIAL HEAD OF GOVERNMENT IN
ABSENCE OF MAYOR -- FURTHER
ALLOWING FOR COMMISSIONERS TO SIGN
ON ANY PROTOCOL DOCUMENT.
3. PRESENTATION OF $2,555,000 CHECK TO DISCUSSION
CITY BY BELL SOUTH OF FLORIDA. 3/24/98
4. (A) APPROVE / CONFIRM EMERGENCY
FINDINGS -- WAIVE COMPETITIVE BIDS --
APPROVE MANUCY AND ASSOCIATES, INC.,
FOR PROFESSIONAL SURVEY SERVICES --
FOR SALE OF F.E.C. TRACT TO MIAMI-DADE
COUNTY -- ALLOCATE $10,000 FROM ACCT.
921002-270.
(B) APPROVE / CONFIRM EMERGENCY
FINDINGS -- WAIVE COMPETITIVE BIDS --
AUTHORIZE HYDROLOGIC ASSOCIATES,
INC. FOR PROFESSIONAL ENVIRONMENTAL
ENGINEERING SERVICES -- FOR SALE OF
F.E.C. TRACT -- ALLOCATE MAXIMUM OF
$25,000 FROM ACCT. 921002-270.
(C) CONSENT AGENDA.
4.1. AWARD FUNDING TO SERVICE
PROVIDERS --- FOR HOUSING ASSISTANCE
AND HOUSING RELATED SERVICES TO LOW
INCOME PERSONS WITH HIV/AIDS --
ALLOCATE $9,166.35 FROM ACCT
194004.590604.6860.94654 AND $203,492.00
FROM ACCT 194004.590604.6860.94654.
R 98-283
R 98-284
3/24/98
R 98-285
3/24/98
1-2
2-8
8-10
11-14
15
4.2. ACCEPT BIDS: FLORIDA LEMARK CORP. R 98-286
AND RAMON LORENTE CORP. -- FOR 3/24/98
PLAYGROUND EQUIPMENT AT WEST
BUENA VISTE AND MILLER DAWKINS
PARKS -- FOR PARKS AND RECREATION --
ALLOCATE $9,892 AND $39,980
RESPECTIVELY FROM CIP PROJECT 331407,
331409 AND 331404.
4.3. ACCEPT DONATION OF PLAYGROUND R 98-287
STRUCTURE FOR KENNEDY PARK -- FROM 3/24/98
U.S. SAILING CENTER.
4.4. ACCEPT BID: HUFCOR/GULFSTREAM, INC. -- R 98-288
FOR FOLDING WALL AND TRACK -- FOR 3/24/98
POLICE -- ALLOCATE $9,700. FROM CIP
CODE 312015.299301.6.860.
4.5. APPROVE PURCHASE OF FORKLIFT FROM
R 98-289
LIFT POWER, INC. -- FOR GENERAL
3/24/98
SERVICES ADMINISTRATION -- ALLOCATE
$16,780. FROM ACCT. 503001.420905.6.850.
4.6. APPROVE AMMUNITION PURCHASE FROM
R 98-290
VARIOUS VENDORS -- FOR POLICE --
3/24/98
ALLOCATE $149,575.00 FROM ACCT
001000.290201.6. 703.
4.7. ACCEPT PROPOSAL OF APPRAISAL AND R 98-291
REAL ESTATE ECONOMICS ASSOCIATES, 3/24/98
INC. -- FOR REAL ESTATE CONSULTING
SERVICES -- FOR REUSE OF BOBBY
MADURO STADIUM -- ALLOCATE $18,000.00
FROM SPECIAL REVENUE FUND "BOBBY
MADURO STADIUM PROGRAM."
4.8. ACCEPT PLAT: ALMIROLA ESTATES. R 98-292
3/24/98
4.9. APPROVE HABITAT FOR HUMANITY OF R 98-293
GREATER MIAMI, INC. AS DEVELOPER FOR 3/24/98
LOW INCOME HOUSING AT 7623-7631
NORTHEAST 3RD AVENUE.
4.10. ACCEPT $15,000 DONATION: ABC R 98-294
CONSTRUCTION, INC. -- FOR MINOR 3/24/98
MODIFICATIONS AT CITY HALL.
4.11. INCREASE ALLOCATION TO KPMG PEAT R 98-295
MARWICK LLP -- FOR ADDITIONAL 3/24/98
SERVICES -- ALLOCATE FUNDS NOT TO
EXCEED $20,000 FROM ACCT
001000.260201.6970.90213.
4.12. AUTHORIZING LAW ENFORCEMENT TRUST R 98-296
FUND -- ALLOCATE $60,000.00 FROM LETF 3/24/98
PROJECT 690003.
16
17
17
18
18
19
19
RIA
20
21-26
5. REALLOCATE $1,877,000.00 IN AVAILABLE R 98-297
COMMUNITY DEVELOPMENT BLOCK GRANT 3/24/98
(CDBG) PROGRAM FUNDING FORM
CERTAIN CDBG-FUNDED PROJECTS AND
PROGRAM INCOME.
6. (A) PERSONAL APPEARANCE: DAN PAUL -- M 98-298
REFER TO BAYFRONT PARK MANAGEMENT 3/24/98
TRUST MAINTENANCE OF BICENTENNIAL
PARK.
(B) COMMENTS FROM DAN PAUL RELATED
TO USING SECTION 108 IN LIBERTY CITY
AND NOT IN PARROT JUNGLE.
7.
PERSONAL APPEARANCE: ANTONIA
DISCUSSION
GERSTACKER REGARDING LAWSUIT
3/24/98
RELATED TO THE CREATION OF THE
BRICKELL VILLAGE DISTRICT --
COMMISSIONER TEELE COMMENTS ON
INABILITY OF COMMISSION TO DISCUSS
PENDING LAWSUITS.
8.
PERSONAL APPEARANCE: IVAN
R 98-299
HERNANDEZ, PRESIDENT CUBAN
3/24/98
MUNICIPALITIES IN EXILE -- WAIVE TWO
EVENTS PER YEAR / PER PROPERTY
RESTRICTION FOR FAIR TO BE HELD APRIL
2 THROUGH APRIL 5, 1998.
9.
APPROVE SECOND READING ORDINANCE:
ORDINANCE
ESTABLISH SPECIAL REVENUE FUND:
11622
"EMERGENCY OPERATIONS CENTER
3/24/98
PROGRAM" -- FOR CITY-WIE EMERGENCY
OPERATIONS CENTER AT FIRE TRAINING
CENTER IN COCONUT GROVE --
APPRORPRIATE $473,000.
10.
(A) APPROVE SECOND READING
ORDINANCE
ORDINANCE: ESTABLISH APPROPRIATIONS
11623
FOR CAPITAL IMPROVEMENTS --
R 98-300
ESTABLISH NEW CAPITAL PROJECTS FOR
3/24/98
FISCAL YEAR 1997-98 -- REPEAL
PROVISIONS OF ORDINANCE 11337.
(B) AUTHORIZE / DIRECT MNAGER TO
REQUEST DIRBURSEMENT OF $700,000
FROM SAINT HUGH OAKS VILLAGE
ASSOCIATION, INC -- FOR CAPITAL
IMPROVEMENT PROJECTS AT BAYFRONT
PARK.
26-31
31-37
37-42
42-45
45-46
47-49
11. (A) DISCUSS / TABLE TO AFTERNOON DISCUSSION
SESSION CONSIDERATION OF AGENDA 3/24/98
ITEM 9 (PROPOSED FIRST READING
ORDINANCE AMENDING SECTIONS OF
ORDINANCE 11553, "ANNUAL
APPROPRIATIONS ORDINANCE" FOR
FISCAL YEAR 1997-1998 -- RELATED TO
OPERATIONAL AND BUDGETARY
ADJUSTMENTS).
(B) DISCUSS CAPITAL NEEDS OF FIRE -
RESCUE -- FURTHER DISCUSS
COMMERCIAL GARBAGE ACCOUNTS.
12. ESTABLISH LAND DISPOSITION POLICY FOR R 98-301
SURPLUS CITY -OWNED PARCELS -- FOR 3/24/98
DEVELOPMENT OF LOW INCOME HOUSING.
13. DISCUSS / DEFER TO NEXT CITY DISCUSSION
COMMISSION MEETING CONSIDERATION 3/24/98
OF AGENDA ITEM (APPROVE DESIGNATION
OF LITTLE HAITI HOUSING ASSOCIATION,
INC. AS DEVELOPER FOR SINGLE FAMILY
HOMES IN LITTLE HAITI) -- BRIEF
DISCUSSION REGARDING PROPOSED
POLICY TO ESTABLISH TIME FRAME FOR
DEVELOPMENT OF PARCELS AS WELL AS
NOT TO TRANSFER LAND UNTIL IT IS
READY FOR DEVELOPMENT.
14. ACCEPT BID: GUS MACHADO FORD -- FOR R 98-302
POLICE ADMINISTRATIVE AND 3/24/98
INVESTIGATIVE TAKE-HOME VEHICLES --
ALLOCATE $1,489,728.00 FROM CIP
PROJECT 311850.
15. TABLE TO LATER IN SESSION DISCUSSION
CONSIDERATION OF AGENDA ITEM 13 3/24/98
(LEGISLATIVE PRIORITIES) -- SEE LABEL 50.
16. (A) DEFER UNTIL THE NEW CITY ATTORNEY
/ CITY MANAGER / RISK MANAGEMENT AND
EXTERNAL AUDITORS CAN REVIEW.
(B) COMMEND INTERIM CITY ATTORNEY
JOEL MAXWELL.
(C) AUTHORIZE SEVERANCE PAY AND PAID
MEDICAL BENEFITS TO FORMER CITY
ATTORNEY A. QUINN JONES, III.
17. (A) APPOINT ALEX VILARELLO CITY
ATTORNEY.
(B) COMMENTS FROM COMMISSIONERS
REGARDING SALARY AND BENEFITS FOR
ALEX VILARELLO.
(C) INSTRUCT CITY ATTORNEY TO ATTEND
OVERSIGHT BOARD MEETINGS.
R 98-303
3/24/98
R 98-304
3/24/98
50-57
58-62
63-64
64-66
66-67
67-72
72-81
18.
GRANT THIRTY DAY EXTENSION TO MIAMI
R 98-305 81-86
TELECOMMUNICATIONS, INC. (MTCI) -- FOR
3/24/98
RENEWAL OF CABLE TELEVISION
FRANCHISE -- SEE LABEL 4.
19.
AUTHORIZE REALLOCATION OF $160,000 OF
R 98-306 86-87
AVAILABLE COMMUNITY DEVELOPMENT
3/24/98
BLOCK GRANT CONTINGENCY FUNDS --
FOR CODE ENFORCEMENT -- SEE LABEL 4.
20.
ACCEPT FULL PAYMENT OF CITY LOAN 177-
R 98-307 87-90
612005 FROM TACOLCY ECONOMIC
3/24/98
DEVELOPMENT CORPORATION -- SEE
LABEL 4.
21.
DISCUSS REQUEST TO INCREASE
DISCUSSION 90
COMPENSATION FOR KPMG PEAT
3/24/98
MARWICK LLP -- SEE LABEL 4.
22.
CONTINUE CONSIDERATION OF AGENDA
M 98-308 91-101
ITEMS 16 THROUGH 22 (PROPOSED
3/24/98
CONTINUANCE OF ENGAGEMENT OF
OUTSIDE LAW FIRMS IN CONNECTION WITH
ON -GOING LAWSUITS) TO MEETING OF MAY
26, 1998 -- FURTHER REQUESTING
PROPOSED BUDGET ON HOW CITY
INTENDS TO PAY SAID FIRMS -- FURTHER
REQUEST THAT INCOMING CITY ATTORNEY
REVIEW EACH CASE FOR DETERMINATION
OF POTENTIAL LITIGATIONS.
23.
CONTINUE AGENDA ITEM 24 (AUTHORIZE
M 98-309 101-118
CITY MANAGER TO EXECUTE JOINT
3/24/98
PARTICIPATION AGREEMENT FOR USHUD
TO REPLACE SECTION 108 LOAN
GUARANTEE FROM MIAMI-DADE COUNTY --
FOR PARROT JUNGLE AND GARDENS OF
WATSON ISLAND FINANCING) -- FURTHER
REQUESTING ADMINISTRATION TO
FORWARD AMERICAN AIRLINES ARENA
PARTNERSHIP AGREEMENT TO PARROT
JUNGLE PARTNERSHIP -- FOR REVIEW OF
FIRST SOURCE HIRING AGREEMENT.
24.
CONTINUE CONSIDERATION OF AGENDA
M 98-310 118-121
ITEM 25 (APPROVE DEVELOPMENTAL
3/24/98
PLANS FOR PARROT JUNGLE AND
GARDENS OF WATSON ISLAND) TO
MEETING OF APRIL 14, 1998 AT 2 P.M. --
FURTHER DISCUSS POSSIBLE
SUBORDINATION OF SAID LEASE
PAYMENTS.
25.
CONTINUE CONSIDERATION OF AGENDA
M 98-311 121-123
ITEM PZ-1 (PROPOSED MAJOR USE
3/24/98
SPECIAL PERMIT FOR PARROT JUNGLE
AND GARDENS OF WATSON ISLAND) TO
MEETING OF APRIL 14, 1998 AT 2 P.M.
26. CONTINUE CONSIDERATION OF AGENDA M 98-312
ITEM PZ-2 (PROPOSED MAJOR USE 3/24/98
SPECIAL PERMIT FOR BAYSHORE PALMS
PROJECT AT 1201 BRICKELL BAY DRIVE) TO
MEETING OF APRIL 28, 1998 AT 6 P.M.
FURTHER ENSURE THAT TRAFFIC STUDY
HAS BEEN DONE.
27. DENY APPEAL OF ZONING BOARD R 98-313
DECISION FOR CLASS I SPECIAL PERMIT -- 3/24/98
FOR DANCE HALL -- LOCATION: 6102-04
N.W. 7TH AVENUE -- APPLICANT: HENRY
KENDRICK.
28.
APPROVE REQUEST FOR WAIVER OF
R 98-314
SECTION 3(mm) (ii) OF CHARTER -- FOR LINE
3/24/98
SETBACK FOR WATERFRONT PROPERTIES
TO FACILITATE CONSTRUCTION OF
ELEVATED BALCONY --LOCATION 495
BRICKELL AVENUE -- APPLICANT:
MASSACHUSETTS MUTUAL LIFE
INSURANCE, INC.
29.
GRANT REQUEST FOR PLACEMENT OF
R 98-315
BILLBOARD -- LOCATION: 515 N.W. 71
3/24/98
STREET --APPLICANT: EUGENE HANCOCK,
JR. FOR EAST COAST ADVERTISING.
30.
APPROVE SECOND READING ORDINANCE:
ORDINANCE
AMEND ORDINANCE 10544 FROM SINGLE
11624
FAMILY RESIDENTIAL TO RESTRICTED
3/24/98
COMMERCIAL -- CHANGE FUTURE LAND
USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- LOCATION: 2401,
2411, 2415, 2445 WEST FLAGLER STREET
AND 25 NW 24 COURT -- APPLICANT:
MAINSTREAM PARTNERS, LTD.
31.
APPROVE SECOND READING ORDINANCE:
ORDINANCE
AMEND ORDINANCE 11000 FROM SINGLE -
11625
FAMILY RESIDENTIAL AND G/I
3/24/98
GOVERNMENT AND INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL TO CHANGE
ZONING ATLAS -- LOCATION: 2401, 2411,
2415, 2445 WEST FLAGLER STREET AND 25
NW 24 COURT -- APPLICANT: MAINSTREAM
PARTNERS, LTD.
32.
APPROVE SECOND READING ORDINANCE:
ORDINANACE
AMEND ORDINANCE 10544 FROM MAJOR
11626
INTITUTIONAL PUBLIC FACILITIES
3/24/98
TRANSPORTATION AND UTILITIES TO
RESTRICTED COMMERCIAL -- CHANGE
FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: 1700 NW 33 STREET --
APPLICANT: RAUL GONZALEZ.
123-128
129-134
134-135
136-138
138-142
142-143
143-145
33.
APPROVE SECOND READING ORDINANCE:
ORDINANCE
145-146
AMEND ORDINANCE 11000 FROM G/I
11627
GOVERNMENT AND INSTITUTIONAL TO C-1
3/24/98
RESTRICTED COMMERCIAL -- CHANGE
ZONING ATLAS -- 1700 NW 33 STREET --
APPLICANT: RAUL GONZALEZ.
34.
APPROVE SUBJECT TO CODE COMPLIANCE
ORDINANCE
147-150
FIRST READING ORDINANCE: AMEND
FIRST
ORDINANCE 10544 FROM MEDIUM DENSITY
READING
RESIDENTIAL TO GENERAL COMMERCIAL --
3/24/98
CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION; 3615 N.W. 23 COURT --
APPLICANT: DWAIN HIGGINBOTHAM.
35.
FIRST READING ORDINANCE: AMEND
ORDINANCE
150-151
ORDINANCE 11000 FROM R-3 MULTIFAMILY
FIRST
MEDIUM DENSITY RESIDENTIAL TO C-2
READING
LIBERAL COMMERCIAL -- CHANGE ZONING
3/24/98
ATLAS -- LOCATION: 3615 N.W. 23RD
COURT -- APPLICANT: DWAIN
HIGGINBOTHAM.
36.
FIRST READING ORDINANCE: AMEND
ORDINANCE
151-153
ORDINANCE 10544 FROM RESTRICTED
FIRST
COMMERCIAL TO CENTRAL BUSINESS
READING
DISTRICT -- CHANGE FUTURE LAND USE
3/24/98
ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- LOCATION: 666
BISCAYNE BLV. -- APPLICANT 666 BISCAYNE
BLV, LTD.
37.
FIRST READING ORDINANCE: AMEND
ORDINANCE
153-155
ORDINANCE 11000 FROM C-1 RESTRICTED
FIRST
COMMERCIAL TO CENTRAL BUSINESS
READING
DISTRICT -- CHANGE ZONING ATLAS --
3/24/98
LOCATION: 666 BISCAYNE BLVD. --
APPLICANT 666 BISCAYNE BLVD. LTD.
38.
SECOND READING ORDINANCE: AMEND
ORDINANCE
155-156
ARTICLE 6 SECTION 614 OF ORDINANCE
11628
11000: LATIN QUARTER COMMERCIAL-
3/24/98
RESIDENTIAL DISTRICTS -- MODIFY
CONDITIONAL USES FOR COIN LAUNDRY
AND DRY CLEANING OPERATIONS --
APPLICANT: PLANNING AND
DEVELOPMENT.
39.
SECOND READING ORDINANCE: AMEND
ORDINANCE
156-157
ARTICLE 9, SECTION 906 (ACCESSORY
11629
USES AND STRUCTURES) AND ARTICLE 25,
3/24/98
SECTION 2502 (TO ADD NEW DEFINITIONS)
OF ZONING ORDINANCE 11000--
APPLICANT: PLANNING AND
DEVELOPMENT.
40.
DENY PROPOSED FIRST READING
M 98-316 157-162
ORDINANCE TO AMEND ARTICLE 9,
3/24/98
SECTION 920.2.2 OF ZONING ORDINANCE
11000 -- TO ALLOW STORAGE OF
RECREATIONAL VEHICLES AND
EQUIPMENT IN RESIDENTIAL FRONT
YARDS -- APPLICANT: PLANNING AND
DEVELOPMENT.
41.
FIRST READING ORDINANCE: APPROVE
ORDINANCE 162-164
WITH CONDITIONS CREATION OF
FIRST
FAIRHAVEN ROVING SECURITY GUARD
READING
SPECIAL TAXING DISTRICT -- FOR
3/24/98
FAIRHAVEN NEIGHBORHOOD -- FOR
ROVING PATROL SERVICE.
42.
AUTHORIZE USE OF MANUEL AIRTIME
R 98-317 164-165
PERFORMING ARTS CENTER BY MIAMI
3/24/98
HISPANIC BALLET -- FOR $1,000 PER
MONTH.
43.
(A) COMMENTS REGARDING VACANT CITY
DISCUSSION 165-167
BUILDINGS IN NEED OF REPAIRS --
3/24/98
FURTHER COMMENTS ON CITY'S NAME
NOT BEING INCLUDED IN TITLE OF CITY -
OWNED PROPERTY, i.e., BUILDING IN THE
PROXIMITY OF 242 NW AND 12th STREET IN
OVERTOWN.
(B) INSTRUCT CITY MANAGER TO WORK
WITH BASIC TRAINING ORGANIZATION TO
FIND THEM SUITABLE SPACE TO SERVICE
HOMELESS.
(C) COMMENTS FROM JOSE PINON,
ASSISTANT CITY MANAGER, ON
SEARCHING FOR SPACE FOR VETERANS
OF FOREIGN WARS ORGANIZATION.
(D) COMMENTS REGARDING NEED FOR
TECHNICAL ASSISTANCE TO IMPLEMENT
BUSINESS ENHANCEMENT COMMUNITY
WORKSHOPS.
44.
COMMENTS FROM VICE CHAIRMAN
DISCUSSION 167
PLUMMER ON NEED TO CLEAN UNDER
3/24/98
EXPRESSWAY IN THE VECINITY OF NW 10
STREET BETWEEN 2nd AND 3rd AVENUES,
SOUTH SIDE.
45.
EXPRESS SUPPORT FOR SENATE BILL 1478
R 98-318 168-169
AND HOUSE BILL 382 -- FOR PROTECTION
3/24/98
AND RELIEF IN HOMEOWNERS INSURANCE
MARKET.
46. EMERGENCY ORDINANCE: AMEND ORDINANCE
SECTION 54-16 OF CODE: PROHIBITION OF 11630
VEHICULAR ACCESS -- AUTHORIZE FENCE 3/24/98
AROUND MARLER AVENUE AT
INTERSECTION WITH DOUGLAS ROAD AND
PLAZA STREET -- TO PROHIBIT
PEDESTRIAN ACCESS -- FURTHER REPORT
ON STATUS OF REAL ESTATE SALES AT
SAINT HUGH OAKS.
47. DISCUSS / PLACE ON NEXT AGENDA DISCUSSION
DISCUSSION RELATED TO PERMITS FOR 3/24/98
CARNIVAL CALLE OCHO.
48. URGE FLORIDA LEGISLATURE TO PASS R 98-319
HOUSE BILL 3427 AND SENATE BILL 882 3/24/98
PROVIDING FOR FUNDING SOURCE FOR
STATEWIDE BEACH MANAGEMENT.
49. RECONSIDER AGENDA ITEM PZ-16 AT NEXT DISCUSSION
COMMISSION MEETING -- SEE LABEL 40. 3/24/98
50. (A) (CONTINUED) -- DISCUSS CITY'S M 98-320
LEGISLATIVE PRIORITIES IN TALLAHASSEE 3/24/98
AND NEED TO RE -GROUP -- SEE LABEL 15.
(B) DIRECT CITY MANAGER TO GIVE
PRIORITY TO CITY'S LEGISLATIVE
LOBBYING EFFORTS IN TALLAHASSEE TO
SUPPORT HOUSE BILL 3411 (SOUTHEAST
OVERTOWN PARK WEST REDEVELOPMENT
DISTRICT INCREMENTAL TAX
REVENUES.) -- NOTIFY MIAMI-DADE
DELEGATION AND DADE LEAGUE OF
CITIES -- FURTHER REQUEST WRITTEN
AGREEMENT FROM OVERSIGHT BOARD TO
ENSURE TIMELY PROCESSING OF
CONTRACTS -- BRIEF DISCUSSION
REGARDING LETTER TO COMMISSION
FROM HOLLAND AND KNIGHT.
169-171
172
172-175
175-177
IiW&A :1•i
51.
(A) CONTINUE DISCUSSION ON
M 98-321 195-213
BUDGETARY RECURRING AND NON
M 98-322
RECURRING SOURCES OF REVENUE FOR
3/24/98
FISCAL YEAR 1997-1998 -- DIRECT
MANAGER TO PROVIDE ALTERNATIVES TO
FIRE FEE AND GARBAGE FEE -- SEE LABEL
11.
(B) INSTRUCT CITY MANAGER TO DRAFT
PROPOSAL FOR MODIFIED FIRE FEE --
ADDRESS CAPITAL NEEDS OF FIRE -
RESCUE DEPARTMENT -- REALLOCATE
PRIOR YEARS' COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
WITHOUT IMPACTING COMMUNITY BASED
ORGANIZATIONS -- FURTHER DIRECTING
MANAGER TO PRESENT PROPOSAL AT
MARCH 31, 1998, SPECIAL COMMISSION
MEETING AT 1 PM.
(C) DIRECT CITY MANAGER TO STUDY
ESTABLISHING SOLID WASTE FRANCHISE
FEE SYSTEM FOR COMMERCIAL HAULERS.
(D) DIRECT MANAGER TO PREPARE
REQUEST FOR QUALIFICATIONS FOR
ENTITY TO REVIEW ACCURACY OF
ASSESSED VALUE OF PROPERTIES --
FURTHER REQUEST TO REVIEW LAST
THREE ASSESSMENTS IN BRICKELL AND
DOWNTOWN.
(E) SCHEDULE SPECIAL COMMISSION
MEETING FOR MARCH 31, 1998 AT 1 P.M. TO
AMEND ANNUAL APPROPRIATIONS
ORDINANCE ENDING SEPTEMBER, 1998 --
INCREASE APPROPRIATIONS TO MEET
OPERATIONAL REQUIREMENTS -- FURTHER
INSTRUCT MANAGER TO SUBMIT
BUDGETARY ADJUSTMENTS TO CITY
COMMISSIONERS BY MARCH 30, 1998.
52.
MAYOR CAROLLO COMMENDS CITY
DISCUSSION 213-214
COMMISSION FOR SPIRIT OF
3/24/98
COMPROMISE.
53.
FIRST READING ORDINANCE: AMEND
ORDINANCE 214-216
SECTION 2-33 AND 2-34 OF CODE --
FIRST
PROVIDE FOR CITY COMMISSIONERS TO
READING
BE ABLE TO SIGN PROCLAMATIONS --
3/24/98
FURTHER PROVIDE FOR CEREMONIAL
HEAD OF GOVERNMENT IN EVENT OF
VACANCY IN POSITION OF MAYOR.
54.
DIRECT MANAGER TO SCHEDULE
DISCUSSION 216-218
WORKSHOP WITH DADE WASTE
3/24/98
HAULERS -- FOR MARCH 27, 1998 AT 1 P.M.,
AT THE MIAMI RIVERSIDE CENTER.
MINUTES OF PLANNING & ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th 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 10:13 a.m. by Presiding Officer/Commissioner
Plummer (hereinafter referred to as Vice Chairman Plummer), with the following members of
the Commission found to be present:
ALSO PRESENT:
ALSO PRESENT:
Commissioner Wifredo Gort (District 1)
Vice Chairman J.L. Plummer, Jr. (District 2)
Chairman Humberto Hernandez (District 3)
Commissioner Tomas Regalado (District 4)
Mayor Joe Carollo
Jose Garcia -Pedrosa, City Manager
Joel E. Maxwell, Interim City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Mayor Carollo, after which Vice Chairman Plummer
then led those present in a pledge of allegiance to the flag.
----------------------------------------------------------------------------------------------------------------
1. PROCLAMATION -- WOMEN'S HISTORY MONTH.
Mayor Carollo: Before we begin the regular scheduled items, Commissioners Plummer and Gort
have two presentations that...
Vice Chairman Plummer: Let him do his first.
Mayor Carollo: ... that they would like to make.
1 March 24, 1998
NOTE FOR THE RECORD: Mayor Carollo requested
Commissioner Plummer to preside over Commission meeting.
Mayor Carollo: All right, the regularly scheduled items will now begin. I have asked
Commissioner Plummer to preside the meeting this morning since I have to go my office and
work on some budgetary matters. For any reason, Commissioner, I am needed to come down, all
you have to do is to contact me upstairs, and I'll gladly come right down.
Vice Chairman Plummer: I'll call collect.
Mayor Carollo: Well, I have been doing it for four months. Thank you.
----------------------------------------------------------------------------------------------------------------
2. RATIFY MAYOR'S VETO OF R98-229 -- INSTRUCT CITY ATTORNEY TO
DRAFT LEGISLATION TO PROVIDE FOR CEREMONIAL HEAD OF
GOVERNMENT IN ABSENCE OF MAYOR -- FURTHER ALLOWING FOR
COMMISSIONERS TO SIGN ON ANY PROTOCOL DOCUMENT.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: OK. Just for the record, is Commissioner Teele going to be joining
us? Is there...? We will proceed through the agenda. Should Commissioner Teele wish
anything to be reconsidered, we would of course afford that option to him. Mr. Manager.
Commissioner Regalado: Vice Chairman. Item ten in the Consent Agenda.
Vice Chairman Plummer: All right, sir.
Mr. Jose Garcia -Pedrosa (City Manager): Hold on, let me, let me...
Vice Chairman Plummer: Wait, wait, wait, now. Hold on. Regalado has the floor.
Commissioner Regalado: OK...
Mr. Garcia -Pedrosa: Commissioner, let me interrupt you for a second. Let me have Christina
explain something to you before you make that announcement.
Vice Chairman Plummer: All right.
Mr. Garcia -Pedrosa: And, if I may in the meantime, Mr. Plummer. We do have a presentation
from Mr. Lacquer, and... from Bell South, at such point as you are... appropriate.
Commissioner Gort: Before...
Vice Chairman Plummer: Let me try to get through the Consent Agenda. Mr. Gort.
Commissioner Gort: I wanted to make a comment, since...
Commissioner Hernandez: Mr. Vice Chairman, just a point of order, a question.
2 March 24, 1998
Vice Chairman Plummer: Mr. Hernandez. Point of order.
Commissioner Hernandez: It... There has been a veto signed by the Mayor last week. My
question is, isn't this the first item that should be taken before this Commissioner proceeds?
Vice Chairman Plummer: The City Attorney says that you are correct, and we will take that item
before anything else? So, Mr. Gort takes precedent. Wishing to discuss the veto. Mr.
Hernandez.
NOTE FOR THE RECORD: Commissioner Teele entered the City
Commission meeting at 1021 a.m.
Commissioner Hernandez: Yes, I would like to discuss the veto. Just to refresh everyone's
memory. This was... This resolution was passed by Vice Chairman Teele at the time and
seconded by Commissioner Plummer. And, the issue was at the time that there was no Mayor.
The Mayor's seat was vacant, and therefore, it authorized the Chairman to sign future
proclamations. And, at the time, Commissioner Plummer, Vice Chairman Plummer, if you
remember, you amended the motion requesting that every Commissioner would be allowed, if
they so desired to sign on any proclamation in the future.
Commissioner Plummer: That is correct.
Commissioner Hernandez: I have no problem with this veto proceeding as long as, of course,
now we have a Mayor. As long as, every Commissioner on this dais has an opportunity to sign
on any proclamation that they so desire.
Vice Chairman Plummer: Mr. Hernandez, I will tell you, I have discussed the issue with the
Mayor. He has no problem whatsoever. We, unless anyone objects, we will let the veto ride. A
motion would be in order at this time.
Mr. Walter J. Foeman (City Clerk): You don't need a motion to override.
Commissioner Hernandez: I am making that motion at this time. Is that correct?
Vice Chairman Plummer: To override or...?
Commissioner Hernandez: No, I... The veto stands as long as I make a motion that every
Commissioner, and I don't know if that's procedurally correct to do that.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): No.
Commissioner Hernandez: We either have to overrule the veto.
Mr. Maxwell: That's right.
Commissioner Hernandez: That's right.
Mr. Maxwell: First thing, in order to amend this ordinance, you would actually have to, this
reso, you would have to override the veto. If you want to do something in addition, what I
suggest you do is this, that a motion be placed on the floor to override the veto. If it's the
Commission's will not to override the veto, that motion will die and the veto will stand. Then,
you can address further action regarding proclamations.
3 March 24, 1998
Commissioner Hernandez: Absolutely.
Vice Chairman Plummer: It really doesn't make any sense to me. We let the veto stand, we are
not able then to make another motion of intent of this Commission?
Mr. Maxwell: Yes. That's what I am saying. I said first deal with the veto.
Vice Chairman Plummer: All right. So, I am asking the question...
Commissioner Hernandez: I have to override?
Vice Chairman Plummer: ... does anyone else wishing to discuss the overriding of the veto?
Commissioner Regalado: No.
Mr. Maxwell: Or is there a motion? Is there a motion to override the veto?
Commissioner Regalado: No.
Vice Chairman Plummer: Is there a motion to override the veto
Commissioner Hernandez: Well, I was willing to let the veto stand...
Vice Chairman Plummer: OK.
Commissioner Hernandez: ... as long as we can make the motion afterwards.
Vice Chairman Plummer: That's what we are going to do, once that there has been no motion to
override the veto stands. And, now the floor is open for a motion. Commissioner Hernandez.
Commissioner Hernandez: I make a motion that any future proclamation that is drafted by the
City of Miami, that any and all Commissioner be given the opportunity, if they so desire, to sign
on that said proclamation.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: It is seconded. Is there any discussion?
Commissioner Teele: Question.
Vice Chairman Plummer: Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you for the observation you made regarding
protecting my right to raise an issue if I were not here. May I be very clear, what... of the... from
the attorney? The veto that is being discussed right now was passed as a resolution.
Mr. Maxwell: That's correct.
Commissioner Teele: And, the resolution was not caveated in the context of the Mayor
position being vacant. Is that right?
4 March 24, 1998
Mr. Maxwell: That's correct. I am sure that was the... as I recall, the discussion. That was the
legislative intent. But, there was no dis... The resolution does not specifically say that. And, I
think that's the Mayor's concern in his memo.
Commissioner Teele: The concern that I have is the same concern that I have had ever since I
sat here. And that is, is that at the City of Miami we do everything as if this day one.
Commissioner Hernandez: Uh-huh.
Commissioner Teele: Now, what are we going to do if there isn't a Mayor? I mean, the
circumstance that brought rise to the resolution are still a certain extingent circumstance that
may exist sometimes in the future. And, what are we doing to build and codify a tradition here?
Does that mean that should the Mayor not be Mayor for whatever reason, whether it be this
Mayor the Mayor ten years from now, that the next Commission is going to have the same mess?
Now, it seems to me, that we ought to try to fix things long term, and not just do everything
patchwork as we go along. So, I believe that I would rather ask the maker of the motion to
withdraw the motion, to instruct the attorney to draft up, to take... be considered today, a
resolution that does exactly what he says, but also provides for the circumstance in the event
there is not a Mayor. Because what we were dealing with was a sort of legal determination
which...
Vice Chairman Plummer: He makes a good point. If the Mayor was out of town for two or three
weeks, yeah.
Commissioner Teele: ... which I respectfully dissent because the decision of the legal
determination meant that the City was powerless to issue pru�1aillat10116. Alld', Lii�- sty 611OUiv
never be in that position. The City should always be in a position to function and flow.
Vice Chairman Plummer: He makes a good point. Yeah.
Commissioner Teele: So, the circumstance that brought rise to this veto has still not been
addressed, Mr. Chairman. Commissioner Hernandez, with all due respect indeference to you, by
the motion that is before us. What it deals with now is a different situation, and that is, a
circumstance whereby we all agree that any Commissioner should be afforded the opportunity to
sign and that opportunity should be safeguarded and guaranteed. And I support the motion as far
as it goes. But, what I am suggesting is, is that the motion doesn't address the unique fact
situation, and we ought to take this opportunity to begin to build a structure for the City of
Miami that doesn't put this Commission, or the next Commission, or subsequent Commissions
ten years from now...
Commissioner Gort: Mr. Chairman.
Commissioner Teele: ... in a position where you don't have that circumstance.
Vice Chairman Plummer: Commissioner Gort.
Commissioner Gort: Mr. Chairman, the... Commissioner Teele is right. In the past, we had a
Vice Mayor when the Mayor was not active, the Vice M:ivoi %v I ,:1�1 .1.' 11,.,1 R:�70, '
present system of government, we do not have that role. If there was not to be a Mayor, if we
didn't have a Mayor who would sign. So, I think the motion could state if there is not a Mayor
in existence...
Vice Chairman Plummer: Commissioner.
5 March 24, 1998
Commissioner Gort: ... we don't have a Mayor, that the president could sign for it.
Vice Chairman Plummer: Commissioner Hernandez.
Commissioner Hernandez: I absolutely agree with my colleagues, and I will withdraw my
motion at the time, and reconsider with a new motion. The motion will be that we... we
authorize the City Attorney to prepare proper documentation that would bring about language to
the fact that, if there is no Mayor at the present time...
Mr. Maxwell: When the office is vacant, you are speaking of?
Vice Chairman Plummer: Well, may I suggest a little modification? And, I am no lawyer. That
the terminology would be "in the absence of a Mayor."
Commissioner Hernandez: Correct.
Mr. Maxwell: Well, Mister...
Vice Chairman Plummer: Whether he's on vacation, or he would be...
Mr. Maxwell: Well...
Vice Chairman Plummer: ... anything...
Commissioner Hernandez: He would be... Right.
Vice Chairman Plummer: in absence of.
Commissioner Teele: No, you are not a lawyer.
Mr. Maxwell: Yeah.
Commissioner Teele: Look to the lawyer. Let him...
Mr. Maxwell: What I... The concern that I have, is this.
Vice Chairman Plummer: But I sure bury those certain people.
Mr. Maxwell: The concern I have is this. And, I placed it on the table for your consideration. Is
that, under the Charter member... amendment, the Mayor is... One of the powers of the Mayor is
that he is the ceremonial head of the City. That's his power. Now, I think he could delegate that
authority if he wanted to. And in his absence he could delegate someone who would, you know,
issue proclamations and the like. Excuse me, but what I think you are getting at, Commissioner
Hernandez, is that if there is a vacancy in the office...
Commissioner Hernandez: Right.
Mr. Maxwell: ... or if he is so disabled... He is disabled, he's injured, his health, or whatever the
case may be, and a circumstance where he cannot under any circumstances perform or make that
designation, then this ordinance would kick in.
Commissioner Hernandez: That's correct.
Commissioner Hernandez: And, I would like to add not only proclamations, but really protocol
documents, per se. Accommodations, proclamations, et cetera.
6 March 24, 1998
Mr. Maxwell: He would step in as the ceremonial head. This person would, would perform the
ceremonial activities or powers of the Mayor.
Commissioner Hernandez: Correct.
Mr. Maxwell: OK.
Vice Chairman Plummer: I don't know why we are complicating matters. As a non -lawyer,
what we are saying is, if the Mayor is not available, for whatever reason, that the Chairman of
the Commission would suffice for the signature.
Mr. Maxwell: But see... But, see that's what would create the problem there.
Commissioner Hernandez: That's the problem. That's...
Mr. Maxwell: That would create a problem.
Commissioner Regalado: Well then, how about if the Mayor is Chairman?
Commissioner Hernandez: J.L.
Mr. Maxwell: The interpretation... The interpretation of when he's unavailable.
Commissioner Hernandez: We are speaking of a vacancy to the seat of the Mayor's position.
Mr. Maxwell: Yeah.
Vice Chairman Plummer: OK.
Commissioner Hernandez: Because if the Mayor is not available...
Vice Chairman Plummer: All right, you are the maker of the motion. That's what you want?
Commissioner Hernandez: Well, this is the situation. If the Mayor for whatever reason would
be out of town... He can delegate.
Mr. Maxwell: That's correct.
Commissioner Hernandez: ... by way of phone and say, listen, I want so and so to sign off on the
proclamation.
Mr. Maxwell: Yes, he could. Or he could issue... He could issue an executive order providing
for circumstances like that, or situations like that.
Vice Chairman Plummer: Mr. Gort do you accept the change?
Commissioner Gort: Yes, I do.
Vice Chairman Plummer: All right, Mr. City Attorney, do you understand...
Commissioner Hernandez: Is that right, Art? [phonetic]
Vice Chairman Plummer: ... what's trying to be accomplished.
7 March 24, 1998
Mr. Maxwell: I think I do so.
Vice Chairman Plummer: You will have it this afternoon?
Mr. Maxwell: Correct.
Vice Chairman Plummer: Thank you, sir. Is there...? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous ballot.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 98-282
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT LEGISLATION,
TO BE BROUGHT BACK DURING THE AFTERNOON SESSION, WHICH WOULD
PROVIDE FOR A CEREMONIAL HEAD OF CITY GOVERNMENT IN THE EVENT
THERE IS A VACANCY IN THE OFFICE OF MAYOR; FURTHER DIRECTING
THE CITY ATTORNEY TO INCLUDE DRAFT LANGUAGE WHICH WOULD
GIVE ANY COMMISSIONER THE DISCRETION TO SIGN ON ANY FUTURE
PROTOCOL DOCUMENT (INCLUDING PROCLAMATIONS, COMMENDATIONS,
ETC.).
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
------------------------------------------------------ ---------------------------------------------------------
3. PRESENTATIONS OF $2,555,000 CHECK TO CITY BY BELL SOUTH OF
FLORIDA.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: We now will go into the Consent... Are you in a hurry? You are in a
hurry. All right, come on up to the microphone. Are you bringing us a check?
Mr. Joe Lacher: I am.
Vice Chairman Plummer: Oh, you're next.
Mr. Lacher: I can leave.
8 March 24, 1998
Vice Chairman Plummer: And, what?
Mr. Lacher: Thank you, Mr. Chairman, my name is Joe Lacher, I am the president of BellSouth
Florida. A year ago, we were asked to set a precedent which I frankly resisted very strongly.
But, because of the City's financial condition, we agreed to do.
Vice Chairman Plummer: Excuse me. Did the photographer leave?
Unidentified Speaker: No.
Commissioner Gort: He's outside.
Vice Chairman Plummer: Is he outside? We want pictures of money being given to the City.
Just spread it around. Go ahead. I am sorry.
Mr. Lacher: But, we did agree to pay our franchise taxes early...
Vice Chairman Plummer: Yes, sir.
Mr. Lacher: ... last year. Given the City's financial condition, we have agreed to do it one last
time this year. And, I have a check today to present for two million five hundred and fifty-five
thousand dollars ($2,555,000).
[APPLAUSE]
Commissioner Regalado: OK.
Mr. Lacher: This will help with the... Well, this doesn't help with the overall budget problem.
It does help with the cash flow. And, so...
Vice Chairman Plummer: Would you come up here, sir, so we can get a picture? And, bring
Tito with you.
Mr. Lacher: Fair enough.
Commissioner Regalado: Tito.
Vice Chairman Plummer: Come on, Tito. I hope this was not a mistake. Paid to the Order of J.
L. Plummer Campaign Fund.
Mr. Lacher: Nice try.
Vice Chairman Plummer: Here we go. Thank you.
[APPLAUSE]
Vice Chairman Plummer: Unfortunately, I have to give it up right away.
Mr. Maxwell: I am sorry, Mr. Chairman.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. City Attorney.
9 March 24, 1998
Mr. Maxwell: I do need... I do need a clarification on one thing. There was a motion, I don't
think you acted on it, and it may have been intentional, that dealt with the five... dealt with the
signatures of Commissions on procla... on the Commissioners on proclamations.
Commissioner Teele: Mr. Lacher.
Vice Chairman Plummer: Well, the terminology as I understood it, was anyone who desires to,
would be afforded the availability. Mr. Teele.
Commissioner Teele: Mr. Chairman, before Mr. Lacher leaves. As a County Commissioner in a
previous life, I was very concerned about a lot of the policies of Southern Bell. Southern Bell is
a very, very smart, well -managed company that does well by its shareholders. Which means
sometimes that the property owners and the government that's responsible for property taxes
gets the short end. As a City Commissioner, I must tell you that I have a totally different view of
Southern Bell's attitude about the community. And maybe from a County Commissioner point
of view, I didn't see it as clearly. But Southern Bell has been in the vanguard of supporting so
many community activities throughout the community. From Calle Ocho to activities in all of
the areas that are represented on this Commission, and in particular in support of the Kwanza
activities during the holiday season. And, I want to take this opportunity not only to thank
Southern Bell for paying, but for being a good corporate citizen for this community. This City
needs good corporate citizens, and I think Southern Bell is setting an outstanding example and I
appreciate it, Mr. Lacher.
Mr. Lacher: Thank you.
Vice Chairman Plummer: Thank you.
[APPLAUSE]
NOTE FOR THE RECORD: Item number 3 and 23 have been
deferred.
Vice Chairman Plummer: Mr. Clerk, the Manager is pulling off of the regular agenda, item three
and twenty-three. If anyone has any interest in three or twenty-three regular agenda, it would be
put over at best, to the next meeting.
10 March 24, 1998
----------------------------------------------------------------------------------------------------------------
4. (A)APPROVE / CONFIRM EMERGENCY FINDINGS -- WAIVE
COMPETITIVE BIDS -- APPROVE MANUCY AND ASSOCIATES, INC.,
FOR PROFESSIONAL SURVEY SERVICES -- FOR SALE OF F.E.C.
TRACT TO MIAMI-DADE COUNTY -- ALLOCATE $10,000 FROM
ACCT. 921002-270.
(B)APPROVE / CONFIRM EMERGENCY FINDINGS -- WAIVE
COMPETITIVE BIDS -- AUTHORIZE HYDROLOGIC ASSOCIATES,
INC. FOR PROFESSIONAL ENVIRONMENTAL ENGINEERING
SERVICES -- FOR SALE OF F.E.C. TRACT -- ALLOCATE MAXIMUM
OF $25,000 FROM ACCT. 921002-270.
(C)CONSENT AGENDA.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: We now go to Consent Agenda.
Vice Chairman Plummer: First, are there any Commissioners who wish to withdraw any items
off of the Consent Agenda?
Commissioner Gort: I got two.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I have two items that I would like to discuss, and maybe I can discuss them
during lunch and come back later. Fourteen and fifteen.
Vice Chairman Plummer: Fourteen and fifteen for this time are pulled. Mr. Hernandez, any
items to be pulled off the Consent Agenda? Items fourteen and fifteen have already been pulled
by Gort.
Commissioner Hernandez: No, no. Mr. Chairman, I just have a question on one of the Consent
Agenda when you are ready to discuss.
Vice Chairman Plummer: Which item?
Commissioner Hernandez: CA-16.
Vice Chairman Plummer: Fifteen?
Commissioner Hernandez: Sixteen.
Vice Chairman Plummer: Sixteen. Commissioner Teele, anything pulled off the Consent
Agenda?
Commissioner Teele: No, Mr. Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I had a question on item ten, but I... my question has been answered,
so I don't have any problem. However, I would really ask Commissioner Gort to let us discuss
CA-14 in the afternoon. Maybe when... You want to bring it in the afternoon or...?
11 March 24, 1998
Vice Chairman Plummer: Oh, I want to discuss that, also.
Commissioner Regalado: Yes.
Vice Chairman Plummer: OK. So we will afford the time. The Mayor has asked me, Mr.
Manager, to pull item 17 off the Consent Agenda. So, it will be pulled. So, then we will not be
discussing item ten, fourteen, fifteen or sixteen at this...
Mr. Jose Garcia -Pedrosa: No, ten is...
Commissioner Regalado: No, but... No, item ten is not pulled.
Vice Chairman Plummer: All right.
Commissioner Regalado: I did not pull item ten.
Vice Chairman Plummer: We will not be discussing item 14, 15, 16 or 17. Are there any other
items. Mr. Clerk.
Mr. Walter J. Foeman (City Clerk): Vice Chairman Plummer, I had mentioned earlier. CA-1
and CA-2 will require a separate four -fifths vote because...
Vice Chairman Plummer: All right, sir.
Mr. Foeman: ... issued on the agenda packet as emergencies.
Vice Chairman Plummer: All right. Let's handle those individually. Is there anyone that wishes
to discuss CA-1 or CA-2? There is a motion in order on CA-1. Is there a second?
Commissioner Hernandez: Second.
Vice Chairman Plummer: All right.. Any discussion on CA-1? Hearing none, call the roll.
Mr. Walter J. Foeman (City Attorney): Roll call.
Commissioner Hernandez: Yes.
Commissioner Teele: This is an emergency?
Vice Chairman Plummer: Yes, that's what we are told.
Mr. Jose Garcia -Pedrosa (City Manager): No, no, no.
Commissioner Teele: By whom?
Mr. Garcia -Pedrosa: No, no, no.
Vice Chairman Plummer: CA-1.
Mr. Garcia -Pedrosa: No, this is not an emergency. This is a resolution confirming the finding of
an emergency concerning Professional Survey Services for the sale of the FEC (Florida East
Coast) tract that already took place.
12 March 24, 1998
Mr. Foeman: In the agenda packet it's showing as requiring a four -fifths vote, that's why I
brought it to the attention of the Commission.
Mr. Garcia -Pedrosa: Yeah, but this is not an emergency. This is a finding that there was an
emergency properly found by the City Manager back in...
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-283
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF EMERGENCY
CIRCUMSTANCES, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING MANUCY AND
ASSOCIATES, INC. TO PERFORM PROFESSIONAL SURVEY SERVICES IN
CONNECTION WITH THE SALE OF THE F.E.C. TRACT TO MIAMI-DADE
COUNTY; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
TEN THOUSAND DOLLARS ($10,000) FROM ACCOUNT NUMBER 921002-270.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Vice Chairman Plummer: Mr. City Attorney, are we required four -fifths vote or not on items
one and two?
Mr. Maxwell: A four -fifths vote would be the prudent thing to do here.
Vice Chairman Plummer: Would be prudent. Continue with the roll.
Commissioner Teele: I vote, no.
Commissioner Regalado: Yes.
Commissioner Gort: Yes.
Vice Chairman Plummer: Yes. Second roll call.
Mr. Foeman: No, it's a resolution. It's just a four -fifths.
Vice Chairman Plummer: CA-2 is of the same category. Is there a motion? Is there a motion?
13 March 24, 1998
Commissioner Regalado: Motion.
Vice Chairman Plummer: Moved by Gort, seconded by Regalado. Is there any discussion on
CA-2? Hearing none, four -fifths vote. Mr. Clerk, call the roll.
Mr. Foeman: Roll call.
Commissioner Gort: Yes.
Commissioner Hernandez: Yes.
Commissioner Teele: No, sir.
Commissioner Regalado: Yes.
Vice Chairman Plummer: Yes.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-284
A RESOLUTION BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF EMERGENCY
CIRCUMSTANCES, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND AUTHORIZING HYDROLOGIC ASSOCIATES, INC., TO
PERFORM PROFESSIONAL ENVIRONMENTAI. FNCiINFFRINC'T SFRVIC'FS IN
CONNECTION WITH THE SALE OF THE F.E.C. TRACT; ALLOCATING FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND
DOLLARS ($25,000) FROM ACCOUNT NUMBER 921002-270.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Vice Chairman Plummer: Now we go to the regular Consent Agenda, once again. Once again,
we are not discussing 14, 15, 16 or 17. Any persons wishing to discuss any other item on the
Consent Agenda? Mr. "Boom -Boom" you are recognized for two minutes, sir. Which item do
you wish to discuss?
Mr. Manuel Gonzalez-Goenaga: In a general way, six, seven, nine, ten and twelve.
Vice Chairman Plummer: All right, sir.
14 March 24, 1998
Mr. Gonzalez-Goenaga: On six, here we go again. Cars, more cars, constant cars, over and over
again. But, now we are... We want 1999 cars while the citizens of Miami, including me, we
have 1984 cars. Why? Because it's our own cars, we have to maintain them, and when you use
other people's cars which are our cars, what we take care, they don't. So, you know, an overall
picture is that what we need here in the budget which should be discussed here today, not all this
bull, because these are menial things in compare... in comparison with the cancer that this City
has. Again, CA-9, ammunition. Last time, we... water pistol. Now, the ammunition for those
water pistols. I wander why all these things are not presented in a logical, coordinated,
integrated way instead of piecemeal. is it to tool the citizens! I would love to hear some
answers.
4.1. AWARD FUNDING TO SERVICE PROVIDERS --- FOR HOUSING ASSISTANCE
AND HOUSING RELATED SERVICES TO LOW INCOME PERSONS WITH
HIV/AIDS -- ALLOCATE $9,166.35 FROM ACCT 194004.590604.6860.94654 AND
$203,492.00 FROM ACCT 194004.590604.6860.94654.
RESOLUTION NO. 98-285
A RESOLUTION AWARDING FUNDING TO SIX (6) SPONSORS
(SERVICE PROVIDERS), FOR THE PROVISION OF HOUSING
ASSISTANCE AND HOUSING RELATED SERVICES TO VERY
LOW INCOME PERSONS WITH HIV/AIDS, ALLOCATING
FUNDING IN THE AMOUNTS OF $9,166.35 (ACCOUNT NO.
194004.590604.6860.94654) AND $203,492.00 (ACCOUNT NO.
194005.590605.6860.94654) FROM THE FY 1996 AND 1997
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM GRANTS, RESPECTIVELY; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, AND ANY AMENDMENTS THERETO, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE
PROGRAMS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15 March 24, 1998
4.2. ACCEPT BIDS; FLORIDA LEMARK CORP. AND RAMON LORENTE CORP. --
FOR PLAYGROUND EQUIPMENT AT WEST BUENA VISTE AND MILLER
DAWKINS PARKS -- FOR PARKS AND RECREATION -- ALLOCATE $9,892 AND
$39,980 RESPECTIVELY FROM CIP PROJECT 331407, 331409 AND 331404.
RESOLUTION NO. 98-286
A RESOLUTION ACCEPTING THE BIDS FROM FLORIDA LEMARK
CORP., IN THE AMOUNT OF $9,892.00, FOR THE FURNISHING
AND INSTALLATION OF A PLAYGROUND STRUCTURE AT
NORTH BAY VISTA PARK AND RAMON LORENTE CORP., IN THE
AMOUNT OF $39,980.00, FOR THE FURNISHING AND
INSTALLATION OF TWO (2) PLAYGROUND STRUCTURES AT
WEST BUENA VISTA PARK AND AT MILLER DAWKINS PARK
RESPECTIVELY, FOR THE DEPARTMENT OF PARKq NNTP
RECREATION, FOR A TOTAL AMOUNT OF $49,872.00;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NOS. 331407, 331409, AND 331404;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.3. ACCEPT DONATION OF PLAYGROUND STRUCTURE FOR KENNEDY PARK --
FROM U.S. SAILING CENTER.
RESOLUTION NO. 98-287
A RESOLUTION ACCEPTING A DONATION FROM THE U.S.
SAILING CENTER, CONSISTING OF A PLAYGROUND
STRUCTURE FOR KENNEDY PARK VALUED AT $12,000.37, FOR
USE BY THE DEPARTMENT OF PARKS AND RECREATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCFPTARI,F TO THE
CITY ATTORNEY, TO ACCEPT SAID DONATION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
16 March 24, 1998
4.4. ACCEPT BID: HUFCOR/GULFSTREAM, INC. -- FOR FOLDING WALL AND
TRACK -- FOR POLICE -- ALLOCATE $9,700. FROM CIP CODE
312015.299301.6. 860.
RESOLUTION NO. 98-288
A RESOLUTION ACCEPTING THE BID OF
HUFCOR/GULFSTREAM, INC., FOR THE FURNISHING OF
FOLDING WALL AND TRACK, FOR THE DEPARTMENT OF
POLICE, AT A TOTAL COST OF $9,700.00; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
ACCOUNT CODE NO. 312015.299301.6.860; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.5. APPROVE PURCHASE OF FORKLIFT FROM LIFT POWER, INC. -- FOR
GENERAL SERVICES ADMINISTRATION -- ALLOCATE $16,780. FROM ACCT.
503001.420905.6.850.
RESOLUTION NO. 98-289
A RESOLUTION APPROVING THE PURCHASE OF A FORKLIFT
FROM LIFT POWER, INC., UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 760-001-96-1 FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, AT A TOTAL COST OF
$16,780.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 503001.420905.6.850; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
17 March 24, 1998
4.6. APPROVE AMMUNITION PURCHASE FROM VARIOUS VENDORS -- FOR
POLICE -- ALLOCATE $149,575.00 FROM ACCT 001000.290201.6.703.
RESOLUTION NO. 98-290
A RESOLUTION WITH ATTACHMENT, APPROVING THE
PURCHASE OF AMMUNITION FORM VARIOUS VENDORS, AS
LISTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF, UNDER EXISTING STATE OF FLORIDA CONTRACT NO.
680-000-98-1, FOR THE DEPARTMENT OF POLICE, ON AN AS
NEEDED CONTRACT BASIS UNTIL JULY 19, 1998, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, AT A TOTAL PROPOSED FIRST YEAR ANNUAL
AMOUNT NOT TO EXCEED $149,575.00; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.703;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDER FOR
SAID ACQUISITIONS.
(Here follows body of resolution, omitted here and on tile in the Office of
the City Clerk.)
4.7. ACCEPT PROPOSAL OF APPRAISAL AND REAL ESTATE ECONOMICS
ASSOCIATES, INC. -- FOR REAL ESTATE CONSTT17INC; SLR\'TrFF FOR
REUSE OF BOBBY MADURO STADIUM -- ALLOCATE $18,000.00 FROM
SPECIAL REVENUE FUND "BOBBY MADURO STADIUM PROGRAM."
RESOLUTION NO. 98-291
A RESOLUTION ACCEPTING THE PROPOSAL OF APPRAISAL
AND REAL ESTATE ECONOMICS ASSOCIATES, INC. ("AREEA")
TO PERFORM PROFESSIONAL REAL ESTATE CONSULTING
SERVICES, INCLUDING A MARKETING STUDY AND
FEASIBILITY ANALYSIS FOR THE REUSE OF THE BOBBY
MADURO STADIUM PROPERTY, FOR A FEE NOT TO EXCEED
$18,000' ALLOCATING FUNDS THEREFOR FROM THE SPECIAL
REVENUE FUND ENTITLED: "BOBBY MADURO STADIUM
PROGRAM"; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH AREEA FOR SAID
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
18 March 24, 1998
4.8. ACCEPT PLAT: ALMIROLA ESTATES.
RESOLUTION NO. 98-292
A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: ALMIROLA ESTATES, A SUBDIVISION IN THE CITY
OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THF, DFDTCATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLANT;
AND 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.)
4.9. APPROVE HABITAT FOR HUMANITY OF GREATER MIAMI, INC. AS
DEVELOPER FOR LOW INCOME HOUSING AT 7623-7631 NORTHEAST 3RD
AVENUE.
RESOLUTION NO. 98-293
A RESOLUTION WITH ATTACHMENT(S), APPROVING THE
DESIGNATION OF THE HABITAT FOR HUMANITY OF GREATER
MIAMI, INC., A NOT -FOR -PROFIT CORPORATION, AS
DEVELOPER, TO UNDERTAKE THE DEVELOPMENT OF ONE (1)
ONE SINGLE-FAMILY HOME, AFFORDABLE TO A VERY LOW,
LOW AND/OR MODERATE -INCOME FAMILY ON THE CITY -
OWNED PARCEL LOCATED AT 7623-7631 NORTHEAST 3RD
AVENUE, IN THE LITTLE HAITI NEIGHBORHOOD, (MORE
PARTICULARLY AND LEGALLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF);
ESTABLISHING $11,000.00 AS THE AMOUNT TO BE PAID TO THE
CITY OF MIAMI BY THE AFOREMENTIONED CORPORATION
BASED ON THE APPRAISED VALUE; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE APPROPRIATE LEGAL
DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO CONVEY THE SAID PARCEL, SUBJECT TO
CERTAIN TERMS AND CONDITIONS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.
19 March 24, 1998
4.10. ACCEPT $15,000 DONATION: ABC CONSTRUCTION, INC. -- FOR MINOR
MODIFICATIONS AT CITY HALL.
RESOLUTION NO. 98-294
A RESOLUTION ACCEPTING A DONATION FROM ABC
CONSTRUCTION, INC. FOR MINOR AESTHETIC MODIFICATIONS
TO CREATE A SMALL WAITING AREA AND INSTALL A GLASS
DOOR IN THE OFFICE OF THE CHAIRMAN AND THE OFFICE OF
PUBLIC INFORMATION LOCATED IN CITY HALL, SAID
DONATION VALUED AT APPROXIMATELY $15,000
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.))
4.11. INCREASE ALLOCATION TO KPMG PEAT MARWICK LLP --FOR ADDITIONAL
SERVICES -- ALLOCATE FUNDS NOT TO EXCEED $20,000 FROM ACCT
001000.260201.6970.90213.
RESOLUTION NO. 98-295
A RESOLUTION AUTHORIZING AN INCREASE IN THE
ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED
$20,000, TO COMPENSATE KPMG PEAT MARWICK LLP,
CERTIFIED PUBLIC ACCOUNTANTS, FOR THE PROVISION OF
ADDITIONAL SERVICES, THE PREPARATION OF THE
COMPREHENSIVE ANNUAL FINANCIAL REPORTS, AS
ANTICIPATED IN THE AGREEMENT AUTHORIZED PURSUANT
TO RESOLUTION NO. 98-805„ ALLOCATING FUNDS THEREFOR
FOR SAID INCREASE FROM CONTRACTUAL SERVICES
ACCOUNT CODE NO. 001000.260201.6970.90213.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
20 M-Irc-h "I 1()4R
4.12. AUTHORIZING LAW ENFORCEMENT TRUST FUND -- ALLOCATE $60,000.00
FROM LETF PROJECT 690003.
RESOLUTION NO. 98-296
A RESOLUTION AUTHORIZING THE FUNDING OF THE LAW
ENFORCEMENT TRAINING TRUST FUND IN AN AMOUNT NOT
TO EXCEED $60,000; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 69003,
SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF
OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF
THE TREASURY'S "GUIDE TO EQUITABLE SHARING."
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Vice Chairman Plummer: Thank you, sir. Anyone else wishing Lo dlscuss Lhe issue: 611, alc;
you getting up for a reason?
Unidentified Speaker: No. When we get to six, I would like to say something.
Vice Chairman Plummer: Are you...? Item six or CA-6?
Unidentified Speaker: CA-6, sir.
Vice Chairman Plummer: CA-6, sir, you are on now. You have two minutes.
Mr. Alan Jacobs: My name is Alan Jacobs, and I work for Anthony... for Abraham Chevrolet.
Have been a good corporate citizen for a great many years here in Miami. This is in regard to a
protest for the scheduled vote giving the Tahoe police vehicles to Ed Morse fleet. And, I have
here...
Vice Chairman Plummer: Aren't they local?
Mr. Jacob: ... the second page of the bid which I would like to pass around, about the City of
Miami Local Preference.
Vice Chairman Plummer: All right, hold on, sir. Mr. City Attorney, I am advised by the City
Manager that this gentleman is putting up a protest, and as such, sir, )'OU should be Vol.
aware. Protest has a certain procedure to follow. Has that procedure been followed?
Ms. Judy S. Carter (Director/Purchasing Department): No, sir.
Vice Chairman Plummer: Or is he just talking? He has not followed the normal procedure.
Ms. Carter: He has not.
Mr. Jacob: If I was informed...
Vice Chairman Plummer: Sir, hold on, just a moment, please.
Mr. Jacob: ... of the proper procedure I'd be happy to follow it, sir.
21 March 24, 1998
Vice Chairman Plummer: Hold on. You might be beyond the deadline.
Ms. Carter: Yes, sir.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Excuse me.
Vice Chairman Plummer: He wishes to register a protest. Is he within the framework of doing
so?
Mr. Maxwell: I don't know if he's met the procedural requirements for filing within the required
days. And, maybe staff can tell me when this award was actually made. Whether or not his
protest is timely.
Mr. Jacob: It hasn't been made yet.
Ms. Carter: It hasn't... No award has been made yet.
Mr. Maxwell: OK, so...
Vice Chairman Plummer: All right.
Mr. Jacob: I just...
Mr. Maxwell: Yeah, so he's fine.
Mr. Jacob: I wish to say something about it.
Ms. Carter: The award has not been made yet. We are here to have the commission consider it.
Vice Chairman Plummer: OK. This individual has not filed a formal protect with me. All of
my bids that we issue contain the procedures thereof.
Vice Chairman Plummer: Thank you. Go ahead, sir.
Mr. Jacob: All right. I would just like to pass this around, the City of Miami Local Preference,
and also concerning our corporation. These are our corporate papers showing that our primary
residence is here, in the City of Miami. And, gentlemen, I would like to read you this statement
so I don't leave anything out or waste your time while I search for the right words.
Vice Chairman Plummer: We would appreciate that.
Mr. Jacob: I asked to award the purchase of the City of Miami... of the chevrolet police Tahoes
on the City of Miami Bid No. 97-87-039 to Abiaham il 4181 :ail,
Miami. The only franchise, new vehicle dealer, I know of, in the City of Miami. The local
Preference Provisions of Ordinance 11087 offers the opportunity for local bidders to accept a bid
contract at the low bid amount provided the amount of the bid submitted by the vendor whose
primary office is located in the City of Miami is not more than ten percent in excess of the
lowest other responsible bidder. We at Abraham Chevrolet have been a City of Miami presence
for at least 44 years. Regardless of technicalities of ownership, we are the local dealer and we
would like you to award us this bid for the following reasons. Number one, it doesn't cost the
City.
22 March 24, 1998
Commissioner Hernandez: Sir, sir, sir. Let me interrupt you. Mr. Chairman, I would like to
defer this item.
Vice Chairman Plummer: Item is deferred. Sir, you will have the opportunity to come back and
speak at a later time. Thank you, for your presence. You can leave. You...
Mr. Jacob: OK. Will I be informed? Will I be informed of when?
Vice Chairman Plummer: It will be at the next regular meeting, sir. That would be April the
14th.
Mr. Jacob: Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: May I just inquire? The deferral is done for the purpose of affording the
gentleman an opportunity really to meet with the staff, and the Manager, and to present your
case. You clearly have established a prima fascia case...
Commissioner Hernandez: Yes.
Commissioner Teele: ... that you are entitled to consideration. Now, whether or not the
Commission gives you consideration, is another matter. But, I think it would be helpful to you,
if you would go over and meet with the lady in brown...
Vice Chairman Plummer: Hernandez asked that item six he deferred.
Commissioner Teele: ... outfit, and give them the documentation that you are going to give us.
Because, ultimately, the Manager...
Commissioner Teele: Now, ultimately the Manager is going to make a recommendation, and
Commissioner Hernandez is really helping you by deferring the matter to afford you that
opportunity.
Mr. Jacob: OK. What I sent... sent to make for circulation, would that wound up over here for
the lady?
Commissioner Teele: Yes.
Vice Chairman Plummer: All right, is there anyone else who wishes to speak on the consent
agenda? Yes, sir. Step up. State your name, mailing address, and you have two minutes.
Mr. Frank Kitko: My name is Frank Kitko, I work for Ed Morse Fleet Sales, Ft. Lauderdale.
Unidentified: Please tell us your name and your address?
Vice Chairman Plummer: Sir, the item has been deferred unless you are speaking to the
deferment, anything else is out of order.
Mr. Kitko: OK.
Vice Chairman Plummer: We will see you on April the 14th.
23 March 24, 1998
Mr. Kitko: OK. Thank you.
Vice Chairman Plummer: Thank you. Anyone else wishing to discuss any item on the Consent
Agenda? Hearing none. Ah-hhh, where is it?
Mr. Lorenzo Simmons: Excuse me.
Mr. Maxwell: Before you move to the...
Mr. Simmons: Excuse me. Excuse me.
Vice Chairman Plummer: Consent Agenda, public hearings, public discussion is invited is
anybody wishing to do so shall.
Mr. Simmons: Excuse me, Mr. Plummer.
Vice Chairman Plummer: ... as soon as possible... Sir. You wish to speak on the Consent
Agenda?
Mr. Simmons: Ah, yes. Item number 16.
Vice Chairman Plummer: Item 16, sir, has been deferred.
Mr. Simmons: Could I have a reason why?
Vice Chairman Plummer: You don't have a reason why, a Commissioner asked for it to be
deferred, sir. It will be taken up on the 14th of April.
Commissioner Teele: Who requested that item be deferred? Item 16, Willy Gort and Humberto.
Commissioner Gort: I didn't pull 16.
Commissioner Teele: I am sorry, Humberto Hernandez. See you on April the 14th, sir.
Vice Chairman Plummer: OK, Consent Agenda...
Commissioner Hernandez: Hold on for just a second. You can talk about it.
Commissioner Gort: Well, watch it.
Commissioner Teele: Wait, wait, wait.
Commissioner Hernandez: Well, I just have questions. I just had some questions. If he would
like to sit down with me or the Manager would like to sit down with me...
Vice Chairman Plummer: Would you like it to be brought back after lunch?
Commissioner Hernandez: ... we can address this after lunch.
Commissioner Teele: Can we ask that it be deferred 'till after lunch?
Commissioner Hernandez: I just had questions. I didn't ask to be deferred.
24 March 24, 1998
Vice Chairman Plummer: All right, sir, it will be deferred 'till after lunch.
Commissioner Hernandez: OK.
Commissioner Teele: But you need to clear up the questions...
Commissioner Hernandez: Yes.
Commissioner Teele: ... before it comes back.
Vice Chairman Plummer: Well, are we speaking then to fourteen fifteen and sixteen will be
brought back after lunch? Mr. Gort.
Commissioner Teele: I was only asking, 16.
Vice Chairman Plummer: You want to bring 14, 15 back?
Commissioner Gort: Fourteen I would like to bring back.
Vice Chairman Plummer: OK. All right. Again, on the Consent Agenda, any person wishing to
approach the microphone can be presid... can be recognized for speaking on the Consent
Agenda. Hearing no one else or seeing no one else, is there a motion to approve the Consent
Agenda.
Commissioner Regalado: Move it.
Commissioner Gort: Second.
Vice Chairman Plummer: Moved by Regalado. Seconded by Gort. City Clerk call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Regalado: Yes.
Commissioner Gort: Yes.
Commissioner Hernandez: Yes.
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: Yes.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED 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.
25 March 24, 1998
THEREUPON MOTION DULY MADE BY
COMMISSIONER REGALADO AND SECONDED BY
COMMISSIONER GORT, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
--------------------------------------------------------------- ------------------------------------------------
5. REALLOCATE $1,877,000.00 IN AVAILABLE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDING FORM
CERTAIN CDBG-FUNDED PROJECTS AND PROGRAM INCOME.
---------------- -----------------------------------------------------------------------------------------------
Vice Chairman Plummer: Once again, announcing the Manager, on regular agenda has pulled
item three and twenty-three. Anyone wishing to... those items would be at the next City
Commissioner meeting. Item number two of the regular agenda. Reallocating one million eight
seven seven in available Community... Community Block Grant Program to certain CDBG
funded projects. Is there a motion? Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort, is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Regalado. Under discussion. Gwendolyn Warren. No
discussion. Yes, sir.
Mr. Grady Muhammed: Good morning, Mr. Chairman.
Vice Chairman Plummer: For the record, your name and your mailing address, please.
Mr. Muhammed: Grady Muhammed, 5660 Northwest 7th Avenue. Grady Muhammed &
Associates, president. This item, as I have given to the Clerk some information relating to the
Code Commercial Compliance Program. That on October 28th was just awarded six hundred
and fifty thousand dollars ($650,000). The documentation will be passed to you to help for -
profit businesses to be able to correct their code violations. That now, some other community...
I think Allapattah and other areas Citywide to help in their code comp... with their violations as it
relate to fire, any electrical related violations. By the NET (Neighborhood Enhancement Team)
Administrator, Karen Coplin-Cooper, we was asked to put in a contract to help in the Model City
area to be able to identify businesses that would qualify for this program. And, now the funds
are currently being reprogrammed to the Latin Quarter Speciality Center. What we are asking
that this Commissioner to consider...
26 March 24, 1998
Vice Chairman Plummer: Well, excuse me, sir. It's not only the Little Havana neighborhood,
but it's also for Southeast Overtown West.
Mr. Muhammed: Yes. But what more than anything what we are asking for this Commission to
consider, some of that funds to be put back into the Code Commercial Compliance Program
because contract or how can I put it? Applications have already been... Letters of interest from
businesses have already been addressed. Have been sent with Michele Deonne of the Little
Haiti, Pierre Toussant Little Haiti... Haitian Catholic Center to help process the paperwork to
correct those violations. And now if the funds are being reprogrammed out, there won't be any
funds to help for -profit businesses to be able to correct their violations. Thank you.
Vice Chairman Plummer: Ms. Warren.
Ms. Gwendolyn C. Warren (Director/Community Development Department): Just a second, sir.
Vice Chairman Plummer: You wish to address the issue.
Ms. Warren: I need one second.
Commissioner Gort: My question is, my understanding was, was funds allocated to help in the
CDBG (Community Development Block Grant) target areas, they were funds to be able to be
allocated to help people comply with the... because of the inspections that we have and the
special task force going to the neighborhoods they find out a lot of violations with the business.
My understanding, we have approved that. There is funds to help individuals in the different
neighborhoods for code compliance.
Ms. Warren: Correct.
Commissioner Gort: Am I correct?
Mr. Muhammed: I am not aware of...
Vice Chairman Plummer: Excuse me, Mr. Gort has the floor.
Mr. Muhammed: Sorry, Mr. Chair.
Commissioner Gort: There is funding. How much it there in there?
Ms. Warren: One hundred thousand.
Commissioner Gort: OK. Now my understanding also, and it is important to understand. Is
there any specific amount that was per - OK, go ahead - (sic) businesses that could acquire it?
Was there a cap to the amount that each business could be acquired?
Ms. Warren: Joni.
Mr. Jose Cerdan (Asst. Director/Community Development Department): Jos,: Cerdan, :1»iNt,lnt
Director for Community Development. The maximum City contribution to the program for
business is seven thousand dollars ($7,000). And, it was on a seven...
Commissioner Gort: That's the maximum that was allocated for... per businesses?
Mr. Cerdan: Per business.
27 March 24, 1998
Commissioner Gort: Thank you.
Vice Chairman Plummer: All right. Any further discussion? Thank you, sir. Ma'am you
wish...
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I think here, once again, what we are seeing, is a short fall of money and
organizations that have projects that have relationships do better than those that don't. Now, the
real issue is not how much money is going to Little Havana or to East Little Havana or to
Overtown Parkwest. But, how much money is being taken from the commercial revitalization in
Liberty City. That's the real issue. And, otherwise, we are going to wind up pitting group
against group. The committee reviewed this and Mister... Commissioners, in the last two years
essentially zero dollars have been expended in commercial revitalization in Liberty City. Money
has been allocated and for whatever reason... I understand that there were problems with the
program manager, Ms. Warren you might want to check with your staff. I understand there is a
whole series of issues, but at the end of the day, it's the same problem Commissioner Dawkins
faced the whole while he was here. You know, money for the swimming pool program and
earmarked to Liberty City gets pulled out and sent somewhere else until you act real ignorant
and real stupid and jump up. And, you know, I just got to tell you, and I am so disappointed with
this Commission when it comes to the way we move around money, and it's... it is not racism, it
is not insensitivity, it is just a shortage of money and everybody is trying to take care of their
group and their community. And, I feel compelled to raise the issue and to get on the record,
Ms. Warren, how much money in commercial revitalization did we spend in Liberty City last
year. With all of the 50 reasons why we didn't, how much did we spend?
Ms. Warren: I'll have to get that information.
Commissioner Teele: Your staff has it, Ms. Warren.
Unidentified Speaker: Zero.
Ms. Warren: The answer...
Unidentified Speaker: Zero.
Ms. Warren: ... is zero from Mr. Blanco.
28 March 24, 1998
Commissioner Teele: OK, the answer is zero. And, I think this Commission needs to
understand that. And, so when you start taking money from programs because you didn't spend
money, what you are doing is, you are exacerbating poverty. You are exacerbating the economic
conditions. You are not making them better by making it a little bit better in another area. You
are making it worst in the area where you have got these problems. You know we have got a lot
of issues. We need funds to complete the park over there in Hadley Park. There is a lot of issues
that this Commission has to face. Nothing is more severe than the fire that's burning downtown,
I might add. But at the end of the day, it gets back to one thing, money, dollars, resources. We
don't have enough. And, so now what you see is the cannibalizing of one group against another
group. Once area against another area, and this is a very slippery slope, ladies and gentlemen
that we are going... we are going down, and... I can't be against where the money is going, these
are good projects, I assume, but I must feel compelled and ask for emir consider-ition i,� we
move forward and as we move down the road over the next year or two to please take these
things in mind. Because, what we are doing now is we are taking money out of one area and
putting it in another area. And in fact, in Allapattah we put... How much money in commercial
revitalization last year? And, it's not fair to pit Allapattah against Little... Liberty City or
Liberty City against Little Haiti. But the dollars need to be on the record. The Commission
needs to know how much money we are spending. And so, the reason we didn't do it was not
the fact that the money wasn't there. It has nothing to do with the fact that the businesses didn't
need it. It has to do with the mechanism whereby the consultant, DEEDCO in this case. Put it
on the record, Commissioner Plummer since you raised the issue of wanting to make sure
DEEDCO gets more money last meeting. DEEDCO in fact was a consultant, and they failed to
run the program, so they turned it over back to us, is that right, Ms. Warren?
Ms. Warren: Correct.
Commissioner Teele: So, you know, the point that I am trying to make is, I am not smarter, or as
smart as anybody up here, but the one thing I am going to do is, I am going to take time and
know the facts. And, this Commission needs to understand that there is a lot wrong with the
Community Development program. I have full confidence in the Manager, and - Ms. Warren
that we are addressing these problems, but we are exacerbating the problems of the program
when we begin to move money around. And, I would appeal that we begin not to move money
from areas to other areas as we go forward in the future, but we allow those areas to reprogram
dollars where they are needed. But, right now everybody needs the monev. and that's where it
is, and I am going to vote in support of this reprogramming, but 1 really don't think it's right
thing to do, but I am voting in support of it, in... Commissioner Regalado and Hernandez
because I am asking for your support in the future to support areas in need in our community in
these communities and I thank you.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: Commissioner Gort.
Commissioner Gort: In following Commissioner Teele's request, remember I requested it, and I
hope you will get it for all us.
Ms. Warren: That information is being prepared.
29 March 24, 1998
Commissioner Gort: The information about how we get the funding, the percentage allocation
for each. And in communities where the funding is not being utilized we have to know why it's
not being utilized to see how we can improve it to make sure that people benefit from it. And I
think this is something that Teele's got... He's right on that is, we have got to bring all the
neighborhoods to a certain standard. There are some neighborhoods that need it more than
others. And if the individuals, the organizations that aren't doing the right thing, let's get
somebody else to do it.
Vice Chairman Plummer: Ma'am do you wish to address the Commission?
Ms. Anita Rodriguez: Not unless you have some questions. Our project is ready to go. I
appreciate any suggestions given.
Vice Chairman Plummer: All right. Thank you. Goenaga do you have to address the
Commission.
Mr. Manuel Gonzalez-Goenaga: Yes, the senor citizens of the Commission, 1 wish to add[css
this Commission and I hope that... since I have been coming here for eight years, and you have
never paid attention, and I have raised red flags. I am... if I am given the opportunity, I am going
to tell you what we actually need in this... in Miami. And I have expressed here many times that
we are the first poorest City in the nation and the one that best pays its employees. And it pays
better if you retire. So this unbalance will show that everything with the City of Miami is a total
unbalance. And I will, and Mr. Manager, when you were in Miami Beach you got away with the
cats and dogs. I wish you get away with this...
Mr. Jose Garcia -Pedrosa (City Manager): Just the cats, not the dogs.
Mr. Gonzalez-Goenaga: Oh, the cats. I wish you get away with the sharks, here in Miami.
Thank you, very much.
Vice Chairman Plummer: Thank you, Solomon.
Commissioner Gort: Mister... Another thing, my understanding is, according to the figure you
gave me, we can help 140 businesses, more or less. I don't have the calculator with me.
Ms. Warren: Correct.
Commissioner Gort: So let's make sure we can distribute that also. Thank you.
Vice Chairman Plummer: Any further discussion? We have a motion and a second. Is this...?
This is a resolution. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it unanimous.
30 March 24, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-297
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REALLOCATE
$1,877,000.000 IN AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FUNDING FROM CERTAIN CDBG-FUNDED PROJECTS AND
PROGRAM INCOME, AS SPECIFIED IN SECTION 2 AND SECTION 3 OF THIS
RESOLUTION, FOR THE PURPOSE OF (1) PROVIDING FINANCIAL
ASSISTANCE TO THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION IN CONNECTION WITH THE DEVELOPMENT OF THE
PROPOSED LATIN QUARTER SPECIALTY CENTER PROJECT PLANNED IN THE
LITTLE HAVANA NEIGHBORHOOD AND (2) PROVIDING ADMINISTRATIVE
FINANCIAL SUPPORT FOR THE SOUTHEAST OVERTOWN PARK WEST
COMMUNITY REDEVELOPMENT AGENCY; AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE THE APPROPRIATE LEGAL AGREEMENTS
AND DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN
CONNECTION WITH THE DISBURSEMENT OF SAID FUNDING.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
------------------------- --------------------------------------------------------------------------------------
6. (A)PERSONAL APPEARANCE: DAN PAUL -- REFER TO BAYFRONT
PARK MANAGEMENT TRUST MAINTENANCE OF BICENTENNIAL
PARK.
(B)COMMENTS FROM DAN PAUL RELATED TO USING SECTION 108 IN
LIBERTY CITY AND NOT IN PARROT JUNGLE.
Vice Chairman Plummer: Item three.
Mr. Jose Garcia -Pedrosa (City Manager): It's been withdrawn, sir, at the request of...
Vice Chairman Plummer: It's been withdrawn.
Mr. Garcia -Pedrosa: ... of the developer.
31 March 24, 1998
Vice Chairman Plummer: Item four, Mr. Dan Paul in reference to Bicentennial Park. Mr. Paul.
Mr. Dan Paul: Thank you, Mr. Vice Mayor, and members of the Commission. My name is Dan
Paul, 777 Brickell Avenue, and I am here to ask you to pass a resolution this morning to request
the Park Trust who I understand now have jurisdiction over B1.;cutcw11a1 Paih to tiwL
park so the public can use it until such time it is... as it is decided what the final disposition will
be. Because that final disposition is four or five years away. The Port Director, or the new Port
Director has said that he wants at least a year to study the old plan even... and doesn't know if he
wants to go ahead with it. The park can be reopened by mowing the grass and stationing one
policeman mounted on a horse to provide for security. And the public used to have fetes in that
park. The community college used to use the athletic fields in the park. And nothing looks
worst than to drive down Biscayne Boulevard and see a big chained linked fence along the
boulevard with a big sign on it saying "This Park is Closed." I realize the City of Miami is in
desperate situation, but it seems to me that the minimum cost of reopening that park would send
a signal to the community that the City is alive and well, and that the public that can enjoy park.
And I would ask you to please consider asking the Trust which I understand is the procedure to
reopen Bicentennial Park so that the public can use it.
Vice Chairman Plummer: Thank you, Mr. Paul. Any Commissioner wish to speak on the issue?
Mr. Teele.
Commissioner Teele: Mr. Chairman, Mr. Paul is a very distinguished citizen that has a
tremendous reputation and record for fighting to maintain the openness of our community, and I
think this Commission should give great deference to what he is asking for. I am concerned
about that horse and police. That's a cost of about seventy thousand, sixty thousand dollars
($60,000),1 am sure.
Vice Chairman Plummer: It's a minimum of seventy.
Commissioner Teele: And he, you know, Dan we don't have the money. The... The issue of
asking Bayfront Trust which has also borrowed about what? Two hundred thousand dollars
($200,000) just to keep its doors open. The last Commission meeting I absent myself because I
thought that was just, again, just more bad policy and no intelligent alternative. I didn't have an
intelligent alternative. But the problem, Dan, that we have is money. Now...
Mr. Paul: Well, if...
Commissioner Teele: ... do you have a vision that somehow we can open this park up and have
it revenue neutral so that we... that it doesn't cost the City any more money. But I will say this,
we have an obligation to do that, and no landlord, you know, in America, or in the world would
have a tract of land that valuable, that beautiful and treat it the way the City of Miami as a
landlord, landowner is treating it. So I mean, the question is, how do we do this intelligently and
fiscally responsible. Could we petition the County as a part of this resolution to cooperate with
us in... in removing the fence and providing the kind of aesthetic that would be necessary to do
this? Do we grant the Port jurisdiction to be able to provide policing in the Park? I mean, you
know, my sense is that there are people saying no. My sense is, the City of Miami is so crazy
right now, we would rather lock it up and burn it up, as opposed to letting anybody else help us
in some cases. So, I mean, we have got a tremendous paralysis, and we need more than just a
good idea, we need a solution.
Vice Chairman Plummer: I got it here.
Commissioner Teele: You have got a great idea, now help us figure out what's the financial
solution.
32 March 24, 1998
Mr. Paul: Well, I think as far as the seventy thousand dollars ($70,000) for the policeman, that if
you ask the community college and restore to them their athletic fields that they would be willing
to pay the seventy thousand dollars ($70,000) for the policeman. That's a small amount...
Commissioner Teele: Say that again? What's that?
Mr. Paul: The community college had athletic fields in the park before, and they got booted out
because they didn't provide insurance to the City of Miami, is my understanding.
Vice Chairman Plummer: That's correct.
Mr. Paul: And I think that it would be appropriate to ask them, I don't think you need insurance,
what you need is an indemnity agreement. The community college is completely solvent. There
is no point in wasting money on insurance. If they indemnify the City for any liability in
connection with their atheletic events. But it's an enormous advantage to them and I would
think that if you ask them that... and tell that they can come back in the park with an indemnity
agreement that they would pay the seventy thousand dollars ($70,000) for the one policeman on
a horse.
Commissioner Teele: See...
Commissioner Regalado: Excuse me. Oh, go ahead.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Yeah. I think that the issue, Mr. Paul, of the policeman is a small
issue. I... 1, we have a substation by the Omni and we have a lot of police officers on Bayside
and that's an area that is very important for the Miami Police Department, and the Miami Police
Department is always on the scene whenever they are needed. I think that what we want to try...
to try to establish is, how can we defray any cost. And you are mentioning the possibility of
Miami Dade Community Colleges. My... My question is, would they be able in the temporary
way to take over maintenance of the park, and maybe have some kind of private security
guarding their events, their sports events. And, you know, everybody love that park, and you
have a lot of people going by back and forth. The people that go to Bayside, so I don't... I don't
see that the issue of the police officer, it's a major obstacle. I would think that maybe Dr. Padron
and his people at Miami Dade Community College would like to discuss this possibility of
maintaining that park, or help the City to maintain that park. Because you are right, it looks
really bad when you drive by Biscayne Boulevard.
Mr. Paul: Right. I would think that if somebody would take the initiative and discuss it with the
community college that you might be able to work out an acceptable solution. But I would urge
you not to do one thing, don't reopen it until you do have adequate...
Commissioner Regalado: Absolutely.
Mr. Paul: ... security because that killed it before. And I don't think that you can depend on
policemen from Bayside or policemen from the Omni to... I think there needs to be a regularly
assigned policeman during the hours that park is opened. I suggested on a horse because of the
ability to be on the spot so quickly, and also to survey the whole picture, because you need to
make people feel safe in that park.
Vice Chairman Plummer: May I suggest that a motion would be in order to suggest to the
Bayfront Park Trust that they try to develop a cost factor in accomplishing what Mr. Paul has
requested, and come back to the City Commission at a later data.
33 March 24, 1998
Commissioner Teele: Mr. Chairman, I would so move that the Bayfront Trust in conjunction
with Mr. Paul work and come back again. I think Mr. Paul's insight is too valuable just to say
thank you, very much and turn it over. And, I would ask that he be incorporated...
Vice Chairman Plummer: He will be invited to the next meeting, sir.
Commissioner Teele: ... as a part... as a part of that... that process. And also, that the Police
Department, because I am a little bit uncomfortable with us trying to make operational
recommendations, a horse and a police, and that sounds good, but it maybe somebody on a
bicycle is better. But, in any event, that the Police Department be fully consulted and that they
come back to us with in a date specific say, within 30 days.
Commissioner Gort: I second the motion, and second the motion, suggestion. You should also
get the Parks Department involved, because you have got a baseball field in there. There is a lot
of softball leagues looking for places that they can... that they have night activities. So, you
might be able to get some of those softball leagues to use... utilize that park, also.
Vice Chairman Plummer: Yeah. There's trouble at nights. There is a motion. I am sure
Mister...
Commissioner Regalado: Excuse me, Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I think that Tony wants to say something.
Mr. Tony Rodriguez: Yes, I do.
Vice Chairman Plummer: Tony, for the record, give us your name and mailing address.
Mr. Rodriguez: Tony Rodriguez, president of Miami FOP (Fraternal Order of Police) 710
Southwest 12th Avenue. I just want to mention a couple of things. I agree with Mr. Paul
completely. I would caution against just saying, well, a security company, you know, that's not
going to do it, it's going to fail. And, I agree with Commissioner Teele that we do involve the
Police Department in terms if an operational plan so that we have the right kind of proper police
protection there for our citizenry So, that's certainly a concern. The wlic;r one i�, you nligia
include maintenance in there because there is wires and all that kind of stuff missing there, and I
think it's quite a task to bring that up to speed. So, I would only recommend that. And, that's
my concern. Thank you.
Vice Chairman Plummer: I am sure, Mr. Katz is watching these proceeds, and he will notify
you, Mr. Dan Paul at the next agenda that you will be on, and I am sure that he will invite not
only yourself, but all other interested and available parties. Any further discussion?
Unidentified Speaker: Mister...
Vice Chairman Plummer: The motion is, to convey it to the Public Trust. I am sorry, the
Bayfront Park Trust. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: To what?
34 March 24, 1998
Vice Chairman Plummer: Opposition? What?
Commissioner Teele: What did you say the motion was?
Commissioner Gort: Your motion.
Vice Chairman Plummer: Your motion.
Commissioner Hernandez: Your motion.
Commissioner Teele: But, not to convey it.
Commissioner Hernandez: No, no, no.
Vice Chairman Plummer: Well, to put it over to them for consideration at their next meeting.
Commissioner Teele: OK. My motion, not conveying.
Vice Chairman Plummer: All right.
Commissioner Teele: All right.
Vice Chairman Plummer: What is your word?
Mr. Jose Garcia -Pedrosa (City Manager): Refer.
Commissioner Teele: To refer.
Vice Chairman Plummer: Refer.
Commissioner Hernandez: Not conveying.
Commissioner Teele: Refer.
Vice Chairman Plummer: I stand corrected in terminology.
Commissioner Hernandez: You just lost the park.
Commissioner Teele: You just lost the park.
Vice Chairman Plummer: Damn lawyers.
Vice Chairman Plummer: Next item.
Mr. Paul: Mr. Vice Mayor. If the Commission would indulge me just one more brief moment
that relates to the matter that Commissioner Teele was discussing and the Commission was, and
that is, the lack of funds for commercial aid in the Liberty City and in that area. I noticed later
on, on your agenda, this Parrot Jungle matter is back on here in... in a negotiation to... for the
City to take over 80 percent of the guaranteed financing and to subordinate their lease payments
to the repayment of that loan. And, I hope if... The Section 108 loans were never intended for
this purpose, and if you are looking for money, Commissioner Teele, for commercial help in that
area, Section 108 was designed to do exactly that sort of thing, and it has not been used. The
City has capability, and if you passed this resolution that has been negotiated between the
Manager of this City and the Manager are the County, that application would go forward and the
City will have given away most of their Section 108 funds.
35 March 24, 1998
Vice Chairman Plummer: Thank you, Mr. Paul.
Vice Chairman Plummer: Item five.
Mr. Walter J. Foeman (City Clerk): Commissioner Plummer we need to call the roll on that.
Vice Chairman Plummer: I thought... All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous. Item...
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-298
A . MOTION REFERRING MR. DAN PAUL'S REQUEST CONCERNING
MAINTENANCE OF BICENTENNIAL PARK TO THE BAYFRONT PARK
MANAGEMENT TRUST, FURTHER INSTRUCTING THE CITY MANAGER TO
DIRECT DESIGNATED INDIVIDUAL FROM THE MIAMI POLICE DEPARTMENT
TO BE PART OF SAID PROCESS, ALONG WITH MR. PAUL, AND REPORT
BACK TO THE COMMISSION WITHIN 30 DAYS WITH A RECOMMENDATION.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I know you are cutting off, Mr. Paul on that issue.
Vice Chairman Plummer: No, sir.
36 March 24, 1998
Commissioner Teele: Mr. Paul, let me tell you, I agree with you. The people in Liberty City
and Little Haiti don't have the Gucci wearing lawyers, and this 108 is a very complicated
process. It is a very legal and economic driven process. And, to be very candid, the CD
(Community Development) floats, and the 108s, and those kinds of financial inducements that
are funded by the Federal government don't reach the communities that they are intended to
help. And we need your help and we need the help of other lawyers to help raise the
consciousness of this Commission as well as to help organizations. Whatever org�nization \,oii
believe in. But there are a lot of good organizations out here that just don't get access to dollars
because this is something that is very complicated. And this Commission stands poised to
subordinate to do whatever is necessary for a loan which may not even be within the Federal
guidelines, and I appreciate you bring it up.
Mr. Paul: The first step is to...
Commissioner Regalado: Yeah, Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Yeah, just... Mr. Paul, what you are reading in the agenda, I don't
think that that's the spirit or the letter of what we will be discussing. Remember that, Vice
Chairman Plummer, Commissioner Gort and myself were at the County the night that that was
discussed and 80 percent and subordination was not the purpose of our visit there, nor it was
approved that way by the County Commission. So, I think that you will see later on that there is
a more clear picture than... other than that 80 percent subordination.
Vice Chairman Plummer: All right.
Mr. Paul: Well, that's the document given to me by...
Commissioner Regalado: Right.
Mr. Paul: ... the Manager's staff that's been negotiated, 80 percent...
Vice Chairman Plummer: Well, that's...
Mr. Paul: .... and subordination of the lease payments. So I am only going by the document that
I have seen, and if you want to start, that's a good place to start. Don't give away your Section
108 money.
Vice Chairman Plummer: Thank you. I was not cutting, Mr. Paul off, but it is item number 25.
----------------------------------------------------------------------------------------------------------
7. PERSONAL APPEARANCE: ANTONIA GERSTACKER REGARDING
LAWSUIT RELATED TO THE CREATION OF THE BRICKELL VILLAGE
DISTRICT -- COMMISSIONER TEELE COMMENTS ON INABILITY OF
COMMISSION TO DISCUSS PENDING LAWSUITS.
Vice Chairman Plummer: Item number five. Ms. Antonia Gerstacker.
Ms. Antonia Gerstacker: Hello.
Vice Chairman Plummer: Hello?
37 March 24, 1998
Mr. Gerstacker: Hello, Commissioners...
Vice Chairman Plummer: For the record, your name and address.
Ms. Gerstacker: My name is Antonia Gerstacker. I used to own Antonia Studio.
Vice Chairman Plummer: If you could backup a little bit, please.
Ms. Gerstacker: Can you give me a second to...?
Vice Chairman Plummer: I could hear you, too good. That's why i am asking you to backup a
little bit.
Ms. Gerstacker: Oh, good.
Vice Chairman Plummer: That's better.
Ms. Gerstacker: Thank you. Hello, Mister... Interim Attorney and Manager. My name is
Antonia Gerstacker.
Vice Chairman Plummer: Do we have your address? Do we have your address? Mailing
address, please?
Ms. Gerstacker: My mailing address for my home?
Vice Chairman Plummer: Mailing address. Wherever you send your mail.
Ms. Gerstacker: P.O. Box 190613, Miami Beach, 33119.
Vice Chairman Plummer: Thank you, you have two minutes.
Ms. Gerstacker: OK, for the public record. My name is Antonia Gerstacker. I used to own
Antonia Studio, located at 640 South Miami Avenue. I am here in front of the government
because I got involved through the DDA (Downtown Development Authouty ) undo[ a brickell
Village Action Plan. To this date, a resolution, motion or ordinance has not been held for
Brickell Village. I have given the City two years to work on this problem. And, due to the lack
of duties and responsibilities, I am the victim, and I want the problem solved now. OK? That's
who I am.
Vice Chairman Plummer: Are you finished, ma'am?
Ms. Gerstacker: Yes.
Vice Chairman Plummer: Thank you. Mr. City Attorney.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): I think she is demanding that the City adopt
a special permit or a Class I permit in the area, and that's the City's prerogative whether they
want to pursue as applicants for a special permit.
Vice Chairman Plummer: Would you have someone from your office meet with her, and
instruct her on how to proceed?
Mr. Maxwell: Well, that would be the administration to proceed for a Class I permit.
38 March 24, 1` 96
Vice Chairman Plummer: Mr. City Manager?
Mr. Jose Garcia -Pedrosa (City Manager): Yes, we will do that.
Vice Chairman Plummer: Would you have your... Mr. Pinon, will meet with you ma'am, and
he will...
Ms. Gerstacker: When?
Vice Chairman Plummer: Within the next five minutes.
Ms. Gerstacker: OK. I have one more thing to issue out to you, per your request...
Vice Chairman Plummer: All right.
Ms. Gerstacker: ... and permission.
Vice Chairman Plummer: Yes, ma'am. You have 109 seconds left.
Ms. Gerstacker: Mr. Plummer.
Commissioner Regalado: Thank you.
Unidentified Speaker: Oh, dear.
Vice Chairman Plummer: Thank you.
Ms. Gerstacker: For you, Mr. Maxwell.
Vice Chairman Plummer: All right, at this particular time, there will be no further discussion on
any item since there is a lawsuit that has now been filed, and as such there will be no further
discussion. Do you have a copy?
Mr. Maxwell: I have just been served. I assume it's been served.
Vice Chairman Plummer: All rightee. Thank you, ma'am.
Ms. Gerstacker: Thank you.
Vice Chairman Plummer: Next item, item six.
Mr. Steve Alvin: Hello.
Vice Chairman Plummer: Mr. Ivan Hernandez.
Mr. Alvin: Hello.
Vice Chairman Plummer: Yes, sir.
Mr. Alvin: I was sitting here.
Vice Chairman Plummer: And, what is...? What... ? Sir, I have cutoff any and all discussion
primary, based on a lawsuit.
39 March 24, 1998
Mr. Alvin.: I wish to address the Commission.
Vice Chairman Plummer: Sir, in what matter.
Commissioner Regalado: It's a lawsuit.
Unidentified Speaker: Well, in what matter? I think that you should settle this problem, so you
don't have a twenty-four million dollar ($24,000,000) lawsuit against you.
Vice Chairman Plummer: Sir, did you understand me, the first...?
Commissioner Regalado: It's a lawsuit.
Vice Chairman Plummer: Did you understand me the first time?
Mr. Alvin: I'm cutoft"?
Vice Chairman Plummer: Sir, you are out of order. Thank you.
Mr. Alvin: Thank you.
Vice Chairman Plummer: Item number six. Mr. Ivan Hernandez.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Is Mr. Hernandez present?
Commissioner Teele: Mr. Chairman.
Commissioner Regalado: They are here.
Vice Chairman Plummer: Mr. Ivan Hernandez.
Commissioner Regalado: Cuban Municipalities. Munici...
Commissioner Teele: Mr. Chairman, before you...
Vice Chairman Plummer: Mr. Teele.
40 March 24, 1998
Commissioner Teele: Before you move on. I must tell you, this absolute rule that you cannot
discuss anything if a lawsuit... is a weird rule. And, I would hope, I would hope that when we
get a City Attorney in here, that it's going to be... That the first order of business I want to do, is
establish some parameters. Because, the laws have never been... have never been. I have
served on any number of boards, and I have never been told that you cannot discuss a matter.
There is... I mean, when we went into single member districting in the County, we discussed the
matter for four or five different meetings, four or five hours. And, we were a party to a lawsuit.
This notion that we just sit around and get sued, and wr all stick ,cur ;;; tli, _, ;i,!.,
around... I mean, we have got coming up today, on the agenda, a series of litigations that we
have uncovered, that quite frankly, have never been dealt with. And, I think this notion that a
lawsuit permits any discussion, is something that we really need to revisit. Now, I don't like
being sued in my public capacity about things that I don't understand and know about. I don't
mind being sued, that's the nature of life. But, if we are doing something wrong, I don't want to
be a party to it. And, all that I am asking, is that the City Attorney and the Manager review this
matter and be prepared to come in and talk to me jointly about this matter. Because, I do not
want to be a confederate in something that is wrong, and it doesn't sound right. It doesn't hit me
right. And, I really want to understand how we got in this situation, Mr. Attorney and Mr.
Manager. I will not be a confederate to something that is wrong.
Vice Chairman Plummer: Thank you, Mr. Teele.
Commissioner Teele: And, I am not suggesting that this is right or wrong. I don't know what's
right. I don't know what's wrong. But, I would like to know what the facts are.
Vice Chairman Plummer: Mr. City Attorney, you wish to comment.
Mr. Maxwell: Yes, sir. First, let me clarify that we do not... There is no prohibition on the
Commission discussing an item. And, we have never said that there is a prohibition. We have
strongly advised and recommended to the Commission in the past and the Commission has, I
think prudently followed our advide on it, that you not have public discus -,inn on pPndin(T
lawsuits. Because very often depending on the nature of the lawsuit, statements made could be
used. That's why we have recommended that in the past. In this particular of course, it's always
the City Commission's prerogative to discuss whatever they choose. In this particular instance
with a lawsuit being filed, with us being informed instantaneously on the floor about the
existence of a lawsuit, and having no knowledge whatsoever of the basis or the contents of that
lawsuit, I would vehemently advise, as you have done, that there be no discussion until we can
find out what this concerns. Because, we... something said now, may affect it. That's the only
reason we take that posture.
Vice Chairman Plummer: Anyone else wishes to...? Mr. Gort.
Commissioner Gort: Well, you know, for the last four years when I sat here, and we have a case
like this, Commissioner Teele, we were always told, we have to be very careful, because
whatever we state here is a public record and it could be utilized against us in a court. I am not
an attorney, so I have got to follow my attorney's recommendations. At the same time, I don't
think any of us know what this is all about, or what the suit is all about. And, until we get more
information, we cannot make a statement. So, I just want to make sure, we put it on the record,
that I would like to follow, not being an attorney, not being an officer of the law, I would like to
follow the recommendation from our attorneys. I am not trying to hide anybody or listen to
anybody, or do anything that is wrong in this City.
Vice Chairman Plummer: The one that had better be aware is the Commission... is Mavor
Carollo, because they are suing him for twenty-four million tour hundred thirty thousand eight
hundred and forty-five dollars ($24,430,845). So, he better be aware.
41 March 24, 1998
END OF DISCUSSION -- NO ACTION TAKEN.
---------- -----------------------------------------------------------------------------------------------------
8. PERSONAL APPEARANCE: IVAN HERNANDEZ, PRESIDENT CUBAN
MUNICIPALITIES IN EXILE -- WAIVE TWO EVENTS PER YEAR / PER
PROPERTY RESTRICTION FOR FAIR TO BE HELD APRIL 2 THROUGH
APRIL 5, 1998.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item six. Ivan Hernandez. Is Mr. Hernandez present? Is there
anyone here in reference to the 16th Fair of the Community... Cuban Municipalities in Exile?
All right, going twice.
Commissioner Teele: Move that it be deferred to a later date.
Commissioner Regalado: OK, I think...
Vice Chairman Plummer: Moved that it be deferred.
Commissioner Teele: A later time in today's meeting if they are available.
Commissioner Regalado: I think they are here.
Vice Chairman Plummer: Excuse me, the motion is to defer.
Commissioner Teele: Just, just...
Commissioner Regalado: OK, OK. They are here.
Vice Chairman Plummer: Mr. Teele, do you withdraw your motion to defer`'
Commissioner Teele: Yeah, but my motion was not to defer, but to a later time during this
meeting. Just to afford...
Vice Chairman Plummer: OK.
Commissioner Teele: ... their opportunity. If they are here, let's hear them.
Vice Chairman Plummer: OK. Mr. Ivan Hernandez. For the record, sir, your mailing address.
Mr. Ivan Hernandez: All right, thank you. Excuse me for my English, very bad. I prefer it, if
possible in Spanish. It's possible?
Vice Chairman Plummer: Yes, sir.
Mr. Hernandez: All right.
Vice Chairman Plummer: Mr. Pepeto will translate.
42 Mnrch 24, 19OR
Mr. Hernandez: OK, Pepeto, translation. Bueno, all right. [COMMENTS IN SPANISH]
Mr. Jose Garcia -Pedrosa (City Manager): [TRANSLATING FOR MR. HERNANDEZ]. We are
here to bring you a petition for the records and authorization to carry out the 16th Fair of the
Municipalities at the Flagler Dog Track. We appreciate the attention that you will give us.
Vice Chairman Plummer: Mr. City Manager, if I can try to help out here. My understanding is,
that he is asking this Commission to waive or defer, not defer, but to waive any expenses relating
to the fair that would be imposed by the City of Miami.
Mr. Garcia -Pedrosa [COMMENTS IN SPANISH]
Vice Chairman Plummer: Has the City Manager determined what that is? Has the City Manager
determined what those expenses are?
Mr. Garcia -Pedrosa: Christina tells me there are two different things they are asking for.
Vice Chairman Plummer: All right.
Mr. Garcia -Pedrosa: Why don't you take the phone off the mike for a second? [Phonetic]
Vice Chairman Plummer: All right.
Ms. Christina Cuervo (Asst. City Manager): Commissioner, they are requesting to...
Vice Chairman Plummer: Speaking is Christina Cuervo.
Ms. Cuervo: This is Christina Cuervo. They are requesting two different waivers. One is a
waiver of Section 906.9 of the Zoning Ordinance that limits...
Vice Chairman Plummer: What? What is it?
Ms. Cuervo: ... that limits two events per site, per year on private property.
Vice Chairman Plummer: Second item.
Ms. Cuervo: The second item that they are requesting is a waiver of fees, of... that would be
applicable to this kind of an event. I don't have...
Vice Chairman Plummer: Would you explain to them please. in Spanish. that this C ornrn seiom
has not and cannot waive any fees under this financial restraint that we are under.
Ms. Cuervo: We have...
Vice Chairman Plummer: Please explain that to them.
Ms. Cuervo: We have explained that to them. And, we have recommended...
Vice Chairman Plummer: Now, the first one I think is in order, and can be waived by this
Commission to waive the two-day rule. Is there such a motion?
Commissioner Regalado: Yes, move it.
Vice Chairman Plummer: By Regalado.
43 March 24, 1998
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded by Gort. Is there any further discussion? Discussion?
Commissioner Hernandez: This motion to waive the two -days, does that also apply to the noise
ordinance? They need to waive their... ordinance...
Commissioner Regalado: No, because it goes to midnight, right?
Commissioner Hernandez: Yeah. After eleven you need...
Vice Chairman Plummer: No, the noise ordinance kicks in at eleven.
Commissioner Hernandez: We need to... No, twelve o'clock, on weekends.
Vice Chairman Plummer: Well, I am saying the noise ordinance itself, kicks in at eleven.
Commissioner Hernandez: That's what I am saying. So, there is an hour there that they need to
waive the noise ordinance.
Vice Chairman Plummer: They didn't ask for it.
Commissioner Hernandez: That's why I'm asking now.
Ms. Cuervo: They say that they are only opened until midnight.
Commissioner Hernandez: Right. But, after eleven...
Ms. Cuervo: So, if the noise ordinance goes beyond...
Vice Chairman Plummer: All right, then the motion should contain the waiver of the two-day
rule and an extension of time for Friday and Saturday night only...
Commissioner Regalado: I am sorry.
Vice Chairman Plummer: ... to midnight. Is that agreeable?
Commissioner Regalado: Yes.
Mr. Garcia -Pedrosa: It's a two -event ordinance that you are talking about.
Ms. Cuervo: Two events per year. You are waiving...
Vice Chairman Plummer: I understand. That's what I said. The tWO CVCuts wc; arc wai\, W8 au.l
on Friday and Saturday night that an extension of time until midnight.
Ms. Cuervo: Uh-huh.
Vice Chairman Plummer: OK? Any further discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Regalado: They state they do understand about the fees, right?
44 March 24, 1998
Vice Chairman Plummer: I asked that it be explained to them in Spanish. Did you explain to
them about the tees? The cupboard is bare. No ticki, no laundry.
The following resolution was introduced by Coinmissioncr Rcgaladu, who iiiw�cd its �l�u�tiuil.
RESOLUTION NO. 98-299
A RESOLUTION RELATED TO THE CUBAN MUNICIPALITIES FAIR TO BE
CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR CORPORATION ON
APRIL 2-5, 1998, ON THE GROUNDS OF THE FLAGLER DOG TRACK,
AUTHORIZING AND DECLARING: (1) THAT SAID FAIR SHALL NOT BE
CONSIDERED AS ONE OF THE TWO TEMPORARY SPECIAL EVENTS
PERMITTED PER SITE PER YEAR, PURSUANT TO SECTION 906.9 OF
ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, (2) AN EXEMPTION FROM THE TIME
RESTRICTIONS PERTAINING TO NOISE CONTAINED IN SECTIONS 36-4 AND
36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
CONDITIONING SAID AUTHORIZATIONS HEREIN UPON THE ORGANIZERS
PLAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
----------------------------------------------------------------------------------------------------------------
9. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE
FUND: "EMERGENCY OPERATIONS CENTER PROGRAM" -- FOR CITY-
WIDE EMERGENCY OPERATIONS CENTER AT FIRE TRAINING CENTER
IN COCONUT GROVE -- APPROPRIATE $473,000.
Vice Chairman Plummer: Item seven.
Commissioner Gort: Move it.
Vice Chairman Plummer: Establish the new revenue fund for center programs appropriating
four hundred and seventy-three thousand. Is there a second?
45 March 24, 1998
Commissioner Hernandez: Second.
Vice Chairman Plummer: Second. Is there any discussion? Mr. City Attorney, read item seven.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Gort: Yes.
Commissioner Hernandez: Yes.
Commissioner Regalado: Yes.
Vice Chairman Plummer: Yes.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMERGENCY OPERATIONS CENTER PROGRAM" AND
APPROPRIATING FUNDS, IN THE AMOUNT OF $473,000, FOR THE
OPERATION OF SAID PROGRAM, CONSISTING OF A GRANT FROM THE
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, TO FUND
THE RETROFITTING AND CONSTRUCTION OF A CITY-WIDE EMERGENCY
OPERATIONS CENTER AT THE FIRE TRAINING CENTER IN COCONUT
GROVE, FLORIDA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE.
passed on its first reading, by title, at the meeting of February 24, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Hernandez, 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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11622.
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.
46 March 24, 1998
----------------------------------------------------------------------------------------------------------------
10. (A)SECOND READING ORDINANCE: ESTABLISH APPROPRIATIONS
FOR CAPITAL IMPROVEMENTS -- ESTABLISH NEW CAPITAL
PROJECTS FOR FISCAL YEAR 1997-98 -- REPEAL PROVISIONS OF
ORDINANCE 11337.
(B)AUTHORIZE / DIRECT MANAGER TO REQUEST DISBURSEMENT OF
$700,000 FROM SAINT HUGH OAKS VILLAGE ASSOCIATION, INC --
FOR CAPITAL IMPROVEMENT PROJECTS AT BAYFRONT PARK.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item eight. It's an ordinance relating to C'npitnl Improvements
Commissioner Gort: Second reading. Move it.
Commissioner Teele: Yes.
Vice Chairman Plummer: Second reading. Moved by Gort. Seconded by...
Commissioner Teele: Yes.
Vice Chairman Plummer: By Regalado?
Commissioner Regalado: Teele.
Vice Chairman Plummer: Teele?
Commissioner Teele: Yes.
Vice Chairman Plummer: Anyone wishing to discuss item eight? Showing none, read the
ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: All right. Hold... Go ahead.
[CITY ATTORNEY CONTINUES READING THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: All right. Now, I have, from my colleagues, I have to add this as a
proviso which you all have already approved. And, it's a resolution.
[AT THIS POINT, THE VICE CHAIRMAN READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: ... which you have already included and voted on previously is now a
part of section... of item eight.
47 March 24, 1998
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Well, on that, you would have to take a
separate vote on it since it wasn't included.
Vice Chairman Plummer: All right, then we will vote on eight first. Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Gort: Yes.
Commissioner Hernandez: Yes.
Commissioner Teele: Yes.
Commissioner Regalado: Yes.
Vice Chairman Plummer: Yes.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF MIAMI
CAPITAL IMPROVEMENTS CONTINUING AND REVISING PREVIOUSLY
APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS;
ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING
FISCAL YEAR 1997-1998; REPEALING PROVISIONS OF ORDINANCE NO.
11337, AS AMENDED, THE FISCAL YEAR 1995-1996 CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, WHICH MAY BE IN
CONFLICT WITH THIS ORDINANCE; PROVIDING CONDITIONS,
AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY
CLERK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading, by title, at the meeting of March 19, 1998, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Teele, 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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11623.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: Now the resolution from the St. Hugh Oaks. Is there a motion?
Mr. Maxwell: Of this ordinance here, of nine?
48 March 24, 1998
Vice Chairman Plummer: Hello?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort.
Commissioner Regalado: Second.
Vice Chairman Plummer: Second by Regalado. It is a resolution, all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show none.
Mr. Maxwell: OK.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-300
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
REQUEST A DISBURSEMENT OF $700,000 FROM THE ESCROW ACCOUNT FOR
THE SAINT HUGH OAKS VILLAGE ASSOCIATION. INC. TO BF PROVIDFD TO
THE DEPARTMENT OF PUBLIC WORKS TO FUND CERTAIN CAPITAL
IMPROVEMENT PROJECTS AT BAYFRONT PARK.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
49 March 24, 1998
----------------------------------------------------------------------------------------------------------------
11. (A)DISCUSS / TABLE TO AFTERNOON SESSION CONSIDERATION OF
AGENDA ITEM 9 (PROPOSED FIRST READING ORDINANCE
AMENDING SECTIONS OF ORDINANCE 11553, "ANNUAL
APPROPRIATIONS ORDINANCE" FOR FISCAL YEAR 1997-1998 --
RELATED TO OPERATIONAL AND BUDGETARY ADJUSTMENTS).
(B)DISCUSS CAPITAL NEEDS OF FIRE -RESCUE -- FURTHER DISCUSS
COMMERCIAL GARBAGE ACCOUNTS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item nine.
Mr. Jose Garcia -Pedrosa: Mr. Vice Chairman, this is the ordinance which memorializes and
formalizes the actions you took on March 2nd, concerning a revised budget for the City of
Miami for the fiscal year of '97-'98, the current fiscal year. You approved this on March 2nd,
this codifies in the form of a budget amendment. Appropriations ordinance.
Vice Chairman Plummer: All right, is there a motion?
Commissioner Gort: Question.
Vice Chairman Plummer: Question.
Commissioner Gort: My understanding is, we are going to do some other amendments, we
might need to.
Mr. Garcia -Pedrosa: We will come back to you in the next ten days or so, when the Mayor calls
a special meeting to add revenues to the budget as requested by the Oversight Board. But, these
changes which we made, we are proposing to keep, obviously.
Vice Chairman Plummer: Is there a motion?
Commissioner Regalado: Question.
Vice Chairman Plummer: Question.
Commissioner Regalado: Are we going to wait until the budget of the State of Florida, is
approved, until you come up with the new budget for the City of Miami?
Mr. Garcia -Pedrosa: No, sir. We will come back to you, literally in the next few days.
50 March 24, 1998
Commissioner Regalado: OK. The reason is, because I have been in touch with several
members of the State legislature, and what, it was published in the paper, I think that it look...
that the City is not getting a lot, if not any money. But, however, I am told by several members
of the legislature, by Senator Al Gutman, and State Representative Rudy Garcia, that they will be
able to bring more of the monies, some of... most of the money that was requested. Specially in
the Parks Department area, Senator Gutman is working with a committee in the House to bring
money that could be used for operational purposes. So, it would go to the General Fund. That's
why I am asking, and I think that probably, Senator Gutman and State Representative Rudy
Garcia will probably... and Luis Morse will probably have information for us in the next three or
four days.
Vice Chairman Plummer: Any further...
Mr. Garcia -Pedrosa: Commissioner... I am sorry.
Vice Chairman Plummer: Go ahead.
Mr. Garcia -Pedrosa: To the extent obviously that such information is available at the time, there
will be a special meeting, we will bring it forward. I just don't want to be in a position where, if
they don't make that decision before we have to make ours, I don't want to jeopardize our ability
to comply with a 20-day...
Commissioner Regalado: Right.
Mr. Garcia -Pedrosa: ... limitation or window that we were given by the Oversight Board.
Commissioner Regalado: But, I think, I think it would be prudent also, to just notify the
Oversite Board that we are in contact. I am, at least, in contact with some State legislators, and
they have informed me that they will be working between the two Houses to work and bring
some funds that could be used for the General Fund.
Vice Chairman Plummer: Any further discussion on item nine? Is there a motion?
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I take it you all are very serious at this point, on this item.
Vice Chairman Plummer: Serious?
Commissioner Teele: Yes.
Vice Chairman Plummer: To what extent? That it should pass? We are recommended by the
Manager. You have a reason that it shouldn't be passed, then I think...
Commissioner Teele: Well, I mean... I have sat through some budget processes. Is this the
budget adjustment, the biannual budget adjustment?
Mr. Garcia -Pedrosa: No, Commissioner, this is the budget amendment that this Commission
approved on March the 2nd. This was presented to the Oversight Board, the Oversight Board
referred it to the Estimating Conference. The Estimating Conference reported back out to the
Oversight Board. In addition, the Oversight Board's financial consultant reviewed this, the
51 March 24, 1998
budget as you amended it on March 2nd. And, I think it's important that we take this
opportunity to clarify, Commissioner Plummer read it into the record at the last meeting, that the
financial consultant of the board, found that the budget that you adopted on March 2nd was a
balanced budget, and that it had recurring revenues in excess of recurring expenditures. And, he
recommended that the board approve it. At the board meeting the board chose not to approve it,
and requested that we come back with additional sources of revenue to beef -up the budget. And,
we are in the process of doing that, and we will present them to you in the next few days.
Commissioner Teele: But, aren't the additional sources of revenue the meat and the subject
matter of this ordinance?
Mr. Garcia -Pedrosa: No, sir. These are the budget solutions, Commissioner Teele, that we
presented to you on March 2nd, which if you remember, included a number of adjustments that
were discussed at length in that all day meeting that you had, special Commission meeting. All
of which are properly... are part of our budget this year, and of course will be enhanced by
whatever you decide in the next few days in response to the request by the Oversight Board.
Commissioner Teele: The budget that you are referencing, is the budget that the Oversight
Board essentially rejected?
Mr. Garcia -Pedrosa: That is correct, sir.
Commissioner Teele: And, that's contained here, in this ordinance?
Mr. Garcia -Pedrosa: That is correct. Now, we will not go back to the Oversight Board until you
have another opportunity to amend this budget. And, that will happen literally in the next few
days. But, I want to maintain the integrity.
Commissioner Teele: Yeah, but, Mr. Manager, before you do, though. You know, it gets down
to the fact, and I respect Commissioner Plummer, and I understand what he is trying to do. But,
I think we need to understand what we are doing here, now. The budget that this, the underlying
budget solutions that are contained here have been rejected by the Oversight Board.
Mr. Garcia -Pedrosa: As insufficient.
Commissioner Teele: I understand, but they have been rejected.
Mr. Garcia -Pedrosa: Yes, sir.
Commissioner Teele: Now, you are asking us to approve these, even though they have been
rejected by the Oversight Board.
Mr. Garcia -Pedrosa: Only... Yes, sir.
Commissioner Teele: OK. I understand where you are. But, understand where I am. Do you
really expect this board, those of us that are really reading this and understanding this, to
basically just rubber stamp a document, that you are telling us we are going to change as it
relates to the revenues in the next two or three days? But, you want us to vote, no, vote, yes now
and then change it in two days, and we don't have a clue as to what we are going to voting on?
Mr. Garcia -Pedrosa: This is in two steps, if I may? What you did, which is embodied in item
number nine.
Commissioner Teele: Right.
52 March 24, 1998
Mr. Garcia -Pedrosa: You reviewed and discussed all day long on March the 2nd. And, this
merely captures that discussion. What the Oversight Board did, was to say that's not enough.
They didn't say, undo what you did before, it said that's not enough.
Commissioner Gort: Add to it.
Mr. Garcia -Pedrosa: Right. So, we are asking you to go ahead and finalize, memorialize if you
will, what you did before in an all day hearing, and then in the next few days, we want two or
three, but it will be more days than that, add to it, in the ways that we will have to present to you
at that time for your consideration. But, they are two separate things. Same budget.
Commissioner Teele: Mr. Manager, respectfully, I disagree. I very respectfully, I do disagree. I
understand, you know, the Budget Offices and your need to get the documents moved forward.
But, I think what you are asking this Commission to do, is to rubber stamp a document that you
are telling us that in the next two or few days, we are going to be asked to change it again. And,
yet, the Oversight Board has disapproved this document. They have disapproved without regard
to the statements that you are making which I believe to be correct. The bottom line is, the
Oversight Board has rejected this document. Now, where I am uncomfortable, Mr. Manager, is
asking us to go forward and not having a menu of activities, I mean, I know some of us like to
read, some of us, don't. I know some of us like to absorb, some of us don't. But, the fact of the
matter is, Mr. Manager, for us not to have a menu, for us not to have a policy document at this
time, as to where we are going. I mean, we would have to Commissioners, you know, that are
sheep to approve this document and then for you to say to us, in four or five days or a week later,
we'll come to you and tell you what we are going to be telling you to approve or do. I have
respect for you, I have confidence in you, Mr. Manager. But, I don't think you are treating this
Commission as a legislative body. I mean, we have these kind of discussions seven months,
eight months, before, in a normal legislative process. We know we are going to have to deal
with some revenues, we know we are going to deal with some... This is the time to bring those
forward. And, if a majority of the Commission is comfortable with this, I will acquiesce, as I
have in the past. But, I got to tell you, colleagues, you guys are being handed. Handled now, I
mean, this is not, this is not the way a budget and legislative process works. This may be the
way this Commission wants it to work, this maybe the way the City of Miami works, but I have
got to tell you something, if you all approve this document without a clue as to where we are
going on the revenues side, without even a policy document. I mean, I don't mean the numbers,
I am talking about... This is the time to have the give and take, Mr. Manager, as to what this
Commission will accept and won't accept. This is the time for the Commission to hear what
other colleagues or other Commissioners are saying about a fire fee or a garbage fee, or a spade
and neuter fee, or... Isn't that what made you famous on the Beach? I mean...
Mr. Garcia -Pedrosa: Which side are you on?
Commissioner Teele: But I mean, really, Mr. Manager, in all honesty, this... You know, I
realize this Commission has shown clearly it's more interested in getting out than up sometimes.
but our... our body as a legislative body, not... Our body as a legislative body just like the City...
just like the state legislature, has one principle duty, and that is to pass a budget to appropriate
money. Now, I don't know what's more important, but where are we going, Mr. Manager? I
mean, certainly I cannot vote for this document without you at least putting on the record where
we are trying to go. You are saying we are going to change this document.
Mr. Garcia -Pedrosa: All I can tell you, Commissioner is. You had a discussion last Thursday,
remember when you had the continued meeting for CDBG (Community Development Block
Grant) funding, in which I tried to identify the direction in which staff is leading at this time.
The reason we don't have that in front of you is, that we are not ready yet to present that. If you
53 March 24, 1998
would feel more comfortable doing both pieces the same time, we could bring back item nine at
the time of the special meeting, and then do both pieces concurrently. And, I think that would
satisfy your concerns.
Commissioner Teele: Look, four members of this Commission, three members are going to do
what they want to do. It needs to be on the record. This is not the way a legislative body should
function. And, I don't think, Mr. Dipak, I don't think the other budget professionals would have
any disagreement with what I am saying. A commission is not a bunch of sheep. This is not a
body that's to be led around, you know, with a nose through our ring. We are here to engage in a
discussion, Mr. Manager, about the direction that we are going in. This is a serious document.
This budget document is a serious document. And, I respect the Chairman, and I respect what
the Chairman is trying to do. But, this isn't the way to go about doing this. It's just wrong.
Vice Chairman Plummer: Motion is in order to defer item nine, and bring it back at the same
time that the Manager brings back the full document.
Commissioner Gort: Well, I would like to have some discussion on this.
Vice Chairman Plummer: Mr. Gort.
Commissioner Teele: But, Mr. Chairman, I'll be happy to make that motion, but is the time to
have some discussion so that we are not marginalized as Commissioners, because what's going
to happen is that a bunch of budget gremlins, and a bunch of Managers and Assistant Managers
and the Mayor, and those Commissioners who want to, will be involved in this, and the rest of us
will be out. Now, I believe this Commission has a responsibility to say, where we are on the
budget, what it is we would like to have. I have some things that I want to put on the table, that I
would like to know where the Commission is. And, I don't think asking us to wait until the i3ttt
hour in which you will bring us together for an emergency meeting, and the first line will be, the
same line they are going to say today about the, the telecommunications thing. If you don't vote
on this today, you know.. And, that line... that's the fine line I have been on, ever since I have
been here. If you don't vote on this today, you know... And, today is the day to have some
discussion about this. Is there anybody willing to bring back the fire fee? I mean, we need to
have a discussion as Commissioners, and we need to stop being led around here, and we need to
act like we represent our districts. It's fine to talk to the House and to the Senate, and I
commend you for doing so. But...
Vice Chairman Plummer: Can I make a suggestion? Can I make a suggestion that we go and
hold this till the end of the day, at which time, anytime we have left over, we can discuss this
issue?
Commissioner Teele: Can I tell you something? Just listen at what you have said, J.L.
Vice Chairman Plummer: What I am saying...
Commissioner Teele: Just listen to what you just said.
Vice Chairman Plummer: All right.
Commissioner Teele: You said, "let's hold this to the end of the day, and if aii) tiuic
left over, we will discuss it."
Vice Chairman Plummer: No, no. I am sure we will have time left over. OK. But, I am saying
for the purposes of going through the agenda...
54 March 24, 1998
Commissioner Teele: What's more important on this agenda than this budget?
Vice Chairman Plummer: Nothing.
Commissioner Teele: What is more important than us, as Commissioners engaging ourselves
and coming up with some solutions, J.L...
Vice Chairman Plummer: None.
Commissioner Teele: ... than this budget? I mean, the damn place is burning down. We don't
have fire equipment. We all know we don't have fire equipment. I got the call from the
Manager, when? Saturday night, Sunday morning? More equipment failures, can't move fire
equipment.
Vice Chairman Plummer: It ran into a building.
Mr. Garcia -Pedrosa: That was a rescue...
Commissioner Teele: A rescue vehicle got rolled.
Mr. Garcia -Pedrosa: ... vehicle. An accident.
Vice Chairman Plummer: It ran into a building.
Commissioner Teele: Yeah, but the fact is, it's not funny. The fact is, is that we have a serious
capital problem with our fire equipment. And, today's fire is a prophetic warning to this City
and this Commission that we'd better get off of our butts and start taking care of the City
business. And, the first thing we got to do, and the second and the third thing, is to make a
budget that makes sense. We spend all of our time trying to give away money, and none of our
time trying to raise money. And, I am here to tell you, J.L., I will support anything that you put
on the table to raise money. Anything.
Vice Chairman Plummer: Commissioner Teele, my recommendation still to you is, that we will
use this at seven o'clock this evening, until we are finished. If we do get finished our regular
agenda prior to that, that's fine. But, at seven o'clock, this is important, that we stop all other
matters at seven o'clock if we have not finished the agenda, and we will do this until this matter
is fully discussed.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Or...
Vice Chairman Plummer: That's what I was trying to recommend Mr City Attorney?
Mr. Maxwell: You may want to leave yourself a little room, in case you finish earlier.
Vice Chairman Plummer: What?
Mr. Maxwell: You don't want to have to sit around 'tll seven, should you finish the agenda
early.
Vice Chairman Plummer: I said, unless we finish earlier.
Mr. Maxwell: OK. That would be the P&Z (Planning and Zoning) agenda.
Vice Chairman Plummer: After the P&Z...
55 March 24, 1998
Commissioner Teele: Mr. Manager, I will agree to... Mr. Chairman, I will agree to whatever
you want to do as the Chairman of this meeting, in the context of the order of the day and how
you move the agenda.
Vice Chairman Plummer: Sir, the...
Commissioner Teele: But, just so... Just, so that the Commission is on record, and the Manager,
I would very much like to have a discussion about bringing back the fire fee with a procedure
that the fire fee be used strictly to address the capital needs of the Fire Department coming up
with an emergency ordinance today to address the fire fee, so that the fire fee is used only to
address the capital needs of the Fire Department. Before, it was 51 or 52 percent, which was the
total budget. The capital needs were about two to ten million dollars ($10,000,000) or whatever
it is. I would propose that we take up today, an emergency ordinance to fund the fin• fc•climit ,1
it to capital items. And, I need to know exactly how much the capital backlog is. But, I can tell
you where you are going. You getting ready to start trying to raid the CDBG (Community
Development Block Grant) to buy fire trucks. And, that ain't happen, guys. So, you know, we
may as well start trying to figure out how to work through this thing together, or we need to
agree that we are going to all go separate ways. I also would like an ordinance this evening, an
emergency ordinance, a companion ordinance that will address, with Commissioner Gort's
permission, the need to bring some sanity to the commercial accounts of garbage. Because, I can
tell you what's going to happen. We are all going to vote to put the fee on the homeowner. And,
that's not right. And, there is no reason why we allow a half a million dollars ($500,000) of
garbage diversion to take place. We have got some 21 accounts, and today when we bring this
up, Mr. Manager, I want to know exactly how many accounts. And, who is paying and who is
not paying? But, there are some 21 people who have permits. And, what I would like, Mr.
Attorney, is for the ordinance to transfer this from an open permit to a "true franchise." Ten,
twenty, year franchise kind of concept that allows for a major fee to be paid. Initiation fee, like a
quarter of a million dollars ($250,000) one time. And, let's start talking about getting real
money in here. And, I can tell you this. I have talked to three of the five people that are paying,
they don't have a problem paying up a quarter of a million dollars ($250,000) each on an initial
fee. And, we need to talk in terms of a transition rule for those people who have not been paying
that provides that if they are going to come current, they have got to pay treble damages.
Because, let me tell you something, it's 21 people that are getting permits that... And, of the 21,
15 are not remitting one dollar ($1). Not one dollar ($1) are they remitting each year. The
industry acknowledges that, Mr. Manager, that there is probably as much as a half a million
dollars ($500,000) of garbage being diverted out of the City of Miami in net dollars to the City.
So, I think there are some things that we need to start talking about in a serious way that we can
do. The fire union has got some ideas. I know that Commissioner Gort has been looking at
some specific ideas. But, I think, you know, we don't need to wait any longer to start having a
serious discussion about whether or not we are going to come up with the revenues to run this
City. And, I am particularly concerned about the Fire Department. And, I think... I have had to
drive through downtown, today. That fire today, was a serious fire. And, it involved a response
from Miami Beach and Metro -Dade, or at least Metro -Dade. And, two hours later, the fire was
out of control in downtown Miami. If that's not a warning, if that's not a clear message that we
need to take care of the business of the City of Miami, then I think, you know, we have... We
really are missing the boat. And, so, I don't want at all to belabor this point, Mr. Chairman, as it
relates to the ordinance. But, I am here to say to you, and to my colleagues, like the Tallahassee
legislature, there is nothing we do more important than item number nine. And, I just would
respectfully urge the Commissioners...
Commissioner Gort: Mr. Chairman.
Commissioner Teele: ... to look at this item seriously and let's just don't wait around until the
Manager feeds us up something. And, Commissioner Gort, I apologize.
56 March 24, 1998
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Commissioner Teele, well, I'll bring my discussion later on when we
discuss here. I agree with you 100 percent. I think we should agree and discuss the revenues
that we are going to do. And, I think the Manager, at the least, has received instructions from
me. In approving this budget when it was first presented to me, I had the full understanding
what the budget was, and I made my motion based on that. And, second, in approving it this
time, I agree with you. I would like to see the additional revenues. But, I want you, for your
information. My understanding is, I was at the fire until nine o'clock, when I left at nine fifteen
the fire was in control at all times. And, we have got to say, our fire people did a hell of a great
job.
Commissioner Teele: Absolutely.
Commissioner Gort: Because the... and the training they have, and being the number one Fire
Department, the strategies that they used, somebody else would have done it differently. They
attacked the fire from the side, rather than from the roof, containing it to one part only. So, at all
times, that fire was contained by our Fire -Rescue. Now, my understanding also is, all our
firemen were there present. The only one we utilized was the Key Biscayne firemen that go in
there for reasons to get the training. But, our Fire Department responded. From my
understanding, responded quick. And, we have Mr. Pidderman who was there at that time and
he can elaborate a little bit more on that.
Vice Chairman Plummer: All right. Mr. City Manager and City Attorney, do you understand
what Commissioner Teele and others are asking for, be presented at no later than seven o'clock
tonight?
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Plummer: If we get finished with P&Z earlier, it will be handled earlier. But,
until then, Mr. City Attorney.
Mr. Maxwell: One, just one point. The Commissioner mentioned an emergency ordinance
regarding the...
Vice Chairman Plummer: That's what he said.
Mr. Maxwell: That would be a resolution that's on the revenue... The fire fee would be a
resolution, and not an ordinance.
Commissioner Teele: Yes, sir.
57 March 24, 1998
----------------------------------------------------------------------------------------------------------------
12. ESTABLISH LAND DISPOSITION POLICY FOR SURPLUS CITY -OWNED
PARCELS -- FOR DEVELOPMENT OF LOW INCOME HOUSING.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: OK, item ten. Establishing land disposition position policy related to
surplus property.
Commissioner Gort: I think this is one item we discussed in the past, and we talked about there
being a lot of surplus lots in this neighborhood where they need affordable housing and
homeownership. And this is one way, the only way we are going to bring our neighborhoods
back by having people own their homes. If anyone does not have any problem, I am ready to
make a motion on this one.
Mr. Jeffrey B. Hepburn (Acting Asst. Director/Community Development/Housing Conservation
Development Division): Mr. Chairman.
Vice Chairman Plummer: Sir.
Mr. Hepburn: Members of the Commission we need to...
Vice Chairman Plummer: Your name please?
Mr. Hepburn: Jeff Hepburn, Asst. Director for Housing. We need to modify part of the
resolution when it deals with properties that are acquired through domtions or C odc
Enforcement liens and that sort of stuff. What we are saying is, that the City is requesting that
the developer provides at least 50 percent of the appraised value or the City's actual cost or
whatever is greater. That's the only addition I'd like to add to that.
Vice Chairman Plummer: So what are you...? You are asking us to modify this resolution...
Mr. Hepburn: Yes, sir.
Vice Chairman Plummer: ... to that extent?
Commissioner Gort: Right.
Mr. Hepburn: Yes, sir.
Vice Chairman Plummer: Is that understood? Are there any...? Hello, am I here...
Commissioner Gort: I move it.
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: I move it.
Vice Chairman Plummer: Moved by Gort, second by Regalado.
Commissioner Regalado: If I can ask a question.
58 March 24, 1998
Commissioner Hernandez: I second it.
Vice Chairman Plummer: I am sorry, by Hernandez.
Commissioner Regalado: OK. Do you have any idea of how many vacant parcels are we talking
about, and what areas located?
Ms. Dena Bianchino (Asst. Director/Asset Management): We have currently 80 parcels...
Ms. Bianchino: ... spread mostly...
Vice Chairman Plummer: Your name, please?
Ms. Bianchino: I am sorry. Dena Bianchino, Director of Asset Management. We have about
eight lots. They are mostly in the northern part of the City, Little Haiti, Model Cities. Today,
you are being asked to approve seven, eighteen of those. You have already approved one for
Habitat.
Commissioner Regalado: Uh-huh.
Ms. Bianchino: The next item is 17, for Little Haiti. And then we would have approximately 16
left to put out for affordable housing homeownership which we will be bringing back to you at
the next Commission meeting, a resolution declaring those affordable housing sites as surplus so
we can proceed to dispose of them.
Commissioner Hernandez: We completely deed the property over, and then we get 50 percent of
the acquisition back?
Ms. Bianchino: Well, we don't deed the property until all financing is in place...
Commissioner Hernandez: All right.
Ms. Bianchino: ... and they are ready to build. And, in cloying, ��c bct oui 111011L), .,uJ III,-)
build.
Vice Chairman Plummer: Yeah, but...
Commissioner Hernandez: But, we do get reimbursed 50 percent then, right?
Ms. Bianchino: Yeah, they... Yes, sir. Yes, sir.
Commissioner Hernandez: And they are put on the tax rolls?
Ms. Bianchino: Yes, sir.
Vice Chairman Plummer: Dena, may I strongly suggest, because I don't... I haven't seen. There
should be a policy that is a drop dead date?
Ms. Bianchino: Yes.
Commissioner Hernandez: Is it 12...
Vice Chairman Plummer: That if they don't move by say, six months...
59 March 24, 1998
Commissioner Hernandez: Twelve months.
Vice Chairman Plummer: ... that they lose any vested interest that they have in the award.
Because, I don't want this thing to go on for years, and say well, I'll get to it eventually. I have
seen that happen too many times. So, what I am saying to you is, that once the award is made,
they have "X" number of months in which to perform and if they don't, we reallocate it.
Commissioner Hernandez: Dena, isn't it? It's my... I understand that how it works is they have
12 months in which to commence the project, and if they don't, the property reverts back to the
City?
Ms. Linda Kearson (Asst. City Attorney): That's the way it's been. That's the way it has been.
Ms. Bianchino: Well, it... I think that... we have been working with housing to establish a very
firm policy on this, and we will assure that it is either 12 months or mnyhe even less than that.
and if they haven't started, there will be a firm policy.
Vice Chairman Plummer: Absolutely.
Commissioner Hernandez: And, then if it... it would revert back to the City?
Ms. Bianchino: Yes, sir.
Vice Chairman Plummer: Well, it doesn't revert because we didn't given it away.
Ms. Bianchino: Right. They would lose their development rights.
Vice Chairman Plummer: That's it.
Commissioner Hernandez: So, the City will not deed over the property until the closing date?
Ms. Kearson: Until they are ready to develop.
Ms. Bianchino: That's right.
Commissioner Hernandez: All right. All right.
Mr. Garcia -Pedrosa (City Manager): But, you are still on ten, which is the change in policy.
Commissioner Hernandez: Right.
Ms. Kearson: Right.
Vice Chairman Plummer: That's the policy.
Mr. Garcia -Pedrosa: We are discussing 11, correct.
Vice Chairman Plummer: That's correct. OK. Is there any further discussion on ten?
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Chairman Plummer: Mr. City Attorney, this is not... Madam City Attorney, this is not a
public hearing. Do we still proceed?
60 March 24, 1998
Ms. Kearson: If you want him to speak, you can.
Vice Chairman Plummer: Mr. Goenaga.
Mr. Gonzalez-Goenaga: Will you...? OK. Now, I realize that this is not a public hearing. But I
have presented here, and you were... the other Commissioners were not in yet, except you and
Mr. Gort during our ex -Mayor. Wait, wait, how many ex -Mayors we have had? Suarez, I don't
count him. Steve Clark, and I made a presentation the way it's done in Puerto Rico, and I clearly
emphasized that I acquire the knowledge because my brother was the first president of the
Housing Bank of Puerto Rico, and I presented here the mechanics. I presented here a video and
nothing was done. I was considered a joke for the particular reasons that there was a much more
important issue which was the Mel Reese Golf Course to be given to a group of sharks. So, I
refer you to that, so you try to copy the good things. And let me tell you, I am in full accord with
Mr. Teele, and if these things are not solved, I propose to get signatures, not like, Mr. Suarez to
get him in power, to succeed from the United States of America so Miami will become an
associated free state just like Puerto Rico. Because we will get much more funds and there will
not be so many hanky panky deals going on in here, in the City of Miami.
Mr. Kearson: OK. That's enough.
Vice Chairman Plummer: That's it.
Mr. Gonzalez-Goenaga: Thank you, very much.
Vice Chairman Plummer: You're off... your rocker. Item ten. Anything else on item ten?
Commissioner Gort: Move it.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: So moved.
Commissioner Gort: Second.
Vice Chairman Plummer: So moved.
Commissioner Teele: I mean... I apologize. Commissioner Gort moved.
Commissioner Gort: I'll second it.
Commissioner Hernandez: I second it...
Vice Chairman Plummer: All right, everybody seconds it. lt's a resolution. All in favor say
"aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any in opposition? Show unanimous.
61 March 24, 1998
The following resolution was introduced by Commissionez Gort, who moved its adoption:
RESOLUTION NO. 98-3U1
A RESOLUTION ESTABLISHING A LAND DISPOSITION POLICY RELATING TO
THE DISPOSITION OF SURPLUS CITY -OWNED VACANT PARCELS FOR THE
PURPOSE OF DEVELOPING HOUSING AFFORDABLE TO VERY LOW, LOW
AND MODERATE -INCOME FAMILIES AND INDIVIDUALS THEREBY (1)
ESTABLISHING FIFTY (50%) PERCENT OF THE CITY'S SITE ACQUISITION
COST, AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI AS THE CITY'S
REIMBURSEMENT FOR ITS COST OF SITE ACQUISITION FOR HOUSING
PARCELS ACQUIRED WITH FEDERAL FUNDS PROVIDED FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THROUGH THE
CDBG PROGRAM AND HOME PROGRAM; (2) ESTABLISHING FIFTY 50%)
PERCENT OF THE APPRAISED VALUE OR THE CITY'S ACTUAL COST,
WHICHEVER IS GREATER, AS THE AMOUNT TO BE PAID TO THE CITY OF
MIAMI FOR OTHER CITY -OWNED SURPLUS PROPERTIES NOT ACQUIRED
WITH FEDERAL FUNDS; (3) AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY ATTORNEY TO PREPARE THE NECESSARY
DOCUMENTS TO EFFECTUATE THE CONVEYANCE AND DISPOSITION OF
SAID SURPLUS PARCELS, SUBJECT TO THE APPROVAL OF THE CITY
COMMISSION.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
62 March 24, 1998
----------------------------------------------------------------------------------------------------------------
13. DISCUSS / DEFER TO NEXT CITY COMMISSION MEETING
CONSIDERATION OF AGENDA ITEM (APPROVE DESIGNATION OF
LITTLE HAITI HOUSING ASSOCIATION, INC. AS DEVELOPER FOR
SINGLE FAMILY HOMES IN LITTLE HAITI) -- BRIEF DISCUSSION
REGARDING PROPOSED POLICY TO ESTABLISH TIME FRAME FOR
DEVELOPMENT OF PARCELS AS WELL AS NOT TO TRANSFER LAND
UNTIL IT IS READY FOR DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 11 is now giving some of it away that we have established a
policy.
Commissioner Hernandez: Yes.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I have not been briefed on this. Let me just tell you my
concern. First, and foremost, I think that in the new Charter, the management should ensure that
matters that directly relate to a Commissioner that is charged with representing a district that
they are... that they at least are briefed on the matter, number one. Number two, as a matter of
public policy, I am opposed to transferring land to anyone until they are ready to close or to
build. I think, Commissioner Plummer has said something similar to that. I want to be very
clear. The game in the City of Miami and Metro -Dade is that everybody with a vision goes out
and markets that vision by going and getting land free from a governmental entity and then they
hold on to it, and we need to stop that because what that does is, it inhibits other builders and
other developers and maybe even the private sector from coming forth. I would much prcfcr that
these parcels be given to them as a permit until they are ready to utilize it, granting of an
exclusive permit until they are ready to utilize it, in which they resume responsibility for
maintaining it, and keeping it as a condition of their permit. It could be a permit for a dollar as
far as I am concerned. But, I think to transfer the ownership, we have case after case after case,
and this is particularly true I know in the CRA (Community Redevelopment Agency) area where
people believe that they have vested rights. And, I think the Odassa case is a case that some of
you may remember, where a developer had nothing more than what we are giving now, and
wound up suing for... How much was it?
Vice Chairman Plummer: Huh, a lot.
Ms. Linda Kearson (Asst. City Attorney): Well, he received two point six million dollars
($2,600,000).
Commissioner Teele: And, never built a blade of grass. Never...
Vice Chairman Plummer: Odassa.
Commissioner Teele: ... grew a blade of grass or built a rock.
Vice Chairman Plummer: Overtown.
Commissioner Teele: Now, look, we need to get smart about this. And, 1 don't... I do not at all
condemn the CDCs (Community Development Committee) and the not -for -profits. But it is not
63 March 24, 1998
in our best interest to give them any more than a permit to go forward with the right... And, as
far as I am concerned, they wouldn't get it until they are ready to close with the homeowner.
You know, they have the right to build on it, et cetera, et cetera, et cetera. Because I am going to
tell you what we have got. We have got parcels that are partially built where people have
abandoned the property, walked away from the property. And I have got to tell you, we have
liability. I know of at least three to four million dollars ($4,000,000) of liability that the City has
right now as we speak, that is undeclared and on nobody's books because of this kind of activity.
So, I would respectfully ask that this item be deferred, that it come back to the next meeting.
Vice Chairman Plummer: It's deferred.
Commissioner Teele: And that the purpose of the deferral is to work with the Legal Department
to construct whatever they need to go forward, to give them the rights and be responsible to keep
the lot cut, clean, et cetera. To give them the exclusive right during the penotl of the pertll►t, aiiu
then if they don't do it, all we have to do is just deny an extension to the permit. But we get into
these implied legal rights when we grant these rights of first refusal and all of that that we don't
intend to do.
Vice Chairman Plummer: The matter is deferred.
----------------------------------------------------------------------------------------------------------------
14. ACCEPT BID: GUS MACHADO FORD -- FOR POLICE ADMINISTRATIVE
AND INVESTIGATIVE TAKE-HOME VEHICLES -- ALLOCATE
$1,489,728.00 FROM CIP PROJECT 311850.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 12.
Mr. Jose Garcia -Pedrosa (City Manager): This is a resolution approving the bid of Gus
Muchado Ford for 96 vehicles for the Police Department as part of the Take -Home Program.
Commissioner Teele: So moved.
Vice Chairman Plummer: A motion moved and seconded by Ilcniandcz. The: oill) 'juc."lion I
have, is this in any way like what we had this morning, with a local company, Anthony
Abraham? And the only reason I am asking that question, we are now going to be switching
from Chevrolets to Fords, and all the stock pile of parts that we have are going to be now null
and void.
Police Captain Longueira: No, they won't, J.L. They are different vehicles anyway.
Vice Chairman Plummer: Well...
Commissioner Regalado: I think that... what you have now for this kind of officer are Fords
because they do have... Last year, they had Fords.
Vice Chairman Plummer: Well, OK. The problem, did we consider a local vendor first?
Ms. Judy S. Carter (Director/Purchasing Department): In this issue, it is entirely different from
this morning. We now are talking about the requirement in terms of specifications for the take-
home cars. Unfortunately, the Malibu, and the way it has been manufactured with the center
console does not allow the MDTs for the Police Department needs. And as a result, we have to
go to the second low bidder. That is the only reason. If that had not been the case...
64 March 24, 1998
Vice Chairman Plummer: Who was the first low bidder?
Ms. Carter: It would have been... I believe it was...
Police Chief Warshaw: Anthony Abraham.
Ms. Carter: ... Anthony Abraham. Yes. So local preference is not the issue. The requirements
of the... of the cars are...
Vice Chairman Plummer: These are take-home cars for patrol or administrative?
Police Chief Warshaw: Let me explain this. Commissioner, the... Number one, there is a
savings of money. We are going to a smaller car for non -patrol vehicles. What we will do is, we
will then recycle the larger cars that are being used by these officers back into patrol and then
remove from the fleet the oldest cars that we have. So, it's basically to create a secondary fleet
for non -patrol officers.
Vice Chairman Plummer: Don, the reason I am asking was, the protest that was lodged this
morning.
Police Chief Warshaw: I understand.
Vice Chairman Plummer: I am of the old school that says you do business with your home folks
first, OK? Now if what you are telling me is, predicated on a bid that we could not use the cars,
that the Chevrolet was being proffered. That's all I need to hear. But I want to make sure that
the people who pay your salary, I guess my salary, have the right to do business first and
foremost with this City.
Police Chief Warshaw: And you are correct. The console or the bucket seat structure would not
accommodate the mobile digital computers.
Vice Chairman Plummer: OK, there is a motion and seconded. Is there any further discussion?
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Chairman Plummer: Mr. Goenaga.
Mr. Gonzalez-Goenaga: Here we go, again. And...
Vice Chairman Plummer: Here you go, again.
Mr. Gonzalez-Goenaga: ... I strongly suggest the Chief of Police and the City Manager to travel
to the City of San Juan, Puerto where he will see almost in every corner a policeman, municipal
police, I am not talking about State police, with a calico... [phonetic]
Vice Chairman Plummer: Sit down.
Mr. Gonzalez-Goenaga: ... instead of cars.
Vice Chairman Plummer: Sit down, please.
Mr. Gonzalez-Goenaga: Because what we want is the civilian protection. And let me tell you,
when you are in a car 1999, or 1998, or whatever with air-condition making reports very
65 March 24, 1998
comfortable within the air-condition, and traveling and going to south and go north where there
is no visibility in the City of Miami, how many times have 1 have to repeat! More... Less cars.
I rather see the policemen in bicycles, like in Cuba.
Vice Chairman Plummer: Thank you, sir. To my colleagues, Commissioner Hernandez has
requested... I am sorry, there is a motion on the floor and seconded. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show no opposition. Unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-302
A RESOLUTION ACCEPTING THE BID OF GUS MACHADO FORD FOR THE
PROCUREMENT OF NINETY-SIX (96) POLICE ADMINISTRATIVE AND
INVESTIGATIVE TAKE-HOME VEHICLES BY THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, ON AN AS -NEEDED WHEN -NEEDED
CONTRACT BASIS, AT A TOTAL PROPOSED AMOUNT NOT TO EXCEED
$1,1489,728.00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL FUND
CONTRIBUTION TO THE CAPITAL IMPROVEMENT PROGRAM,
"REPLACEMENT OF CITY-WIDE FLEET," PROJECT NO. 311850; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMEN"1 UI-TICLK 1U
ISSUE PURCHASE ORDERS FOR SAID VEHICLES.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
15. TABLE TO LATER IN SESSION CONSIDERATION OF AGENDA ITEM 13
(LEGISLATIVE PRIORITIES) -- SEE LABEL _50.
Vice Chairman Plummer: Our colleague, Commissioner Hernandez has asked that we not be
back until three thirty. With your permission could we continue until twelve thirty, and we will
still have a three-hour lunch? Does anybody have a problem with that?
Commissioner Regalado: No problem.
66 March 24, 1998
Vice Chairman Plummer: All right, sir. Item 13. I think that that is something we ought to hold
until seven o'clock, also if I may? Or does anybody have a burning desire to handle that now?
Mr. Manuel Gonzalez-Goenaga: I have a burning desire to say something.
Vice Chairman Plummer: Well, you can say something and burn up until then.
Mr. Gonzalez-Goenaga: Well, I am burning right now.
Vice Chairman Plummer: That's good. It's put over until seven o'clock. With a little bit of
luck...
Mr. Gonzalez-Goenaga: Is it changing...?
----------------------------------------------------------------------------------------------------------
16. (A)DEFER UNTIL THE NEW CITY ATTORNEY / CITY MANAGER / RISK
MANAGEMENT AND EXTERNAL AUDITORS CAN REVIEW.
(B)COMMEND INTERIM CITY ATTORNEY JOEL MAXWELL.
(C)AUTHORIZE SEVERANCE PAY AND PAID MEDICAL BENEFITS TO
FORMER CITY ATTORNEY A. QUINN JONES, III.
Vice Chairman Plummer: Item 14.
Commissioner Teele: Mr. Chairman. Mr. Teele. Items 14, 15, 16, 17, 18 and 19, 2u, 21, 22, are
matters from the Law Department. As you know, the previous Mayor had asked that I
coordinate a review of certain legal matters.
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: The most important matters, quite frankly, I think are a review of these
engagements relating to these law firms.
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: Mr. Chairman, the problem is this. The City owns certain money. Mr.
Manager, the City owes in many cases, certain dollars. It totals...
Commissioner Gort: Six hundred thousand dollars ($600,000)
Commissioner Teele: ... according to Commissioner Gort, six hundred thousand, I am not that
good in math. But, the fact... The fact is...
Vice Chairman Plummer: Yeah. When did you get bad at math?
Commissioner Teele: The fact is this. Is that I have asked these matters to be brought forward,
and Mr. Maxwell, I think has dune an outstanding job under the circutnstauces, dad tliib City,
this Commission owes, Mr. Maxwell I think a debt of gratitude as well as a pay adjustment
which I will be proposing from the... on the next Commission meeting as it relates... as it relates
to unreimbursed...
67 March 24, 1998
Vice Chairman Plummer: The new City Attorney is going to fire him, so don't worry about it
Commissioner Teele: ... unreimbursed services during the period of time in which he was forced
to cancel a long-standing trip and he suffered some severe financial hardship. I am asking that
these items be deferred until the next meeting to allow the new Manager... the new City
Attorney, and the Manager to review them. My concern is, Mr. Manager, these are off books
transactions. These transactions are "on nobody books" or were not to some extent.
Mr. Jose Garcia -Pedrosa (City Attorney): To some extent that's true, sir. To some extent they
are in the Risk Management.
Commissioner Teele: And, and what I am really concerned about is that Risk Management, the
Law Office, the Finance Department and the Budget Office as well as the City Attorney's Office
be coordinated in a way so that we don't get any of these transactions. Now, Mr. Manager, you
know and I know, and I am going to speak a little bit in code, that our budget was balanced by
the tighted of margins in the last year. I would hate for us to start opening previous year's, and I
think we need a resolution to adopt these as these years expenses as soon as we can, and to move
forward with it. But the point was to just basically flush this thing out in the open. Now we
have a lot of bills that are owed. The Guccis are beginning to fill up the audience, and they are
not smiling. This is serious business for these law firms that are owed a lot of money, and I
don't know if we have got a solution, Mr. Manager. But I don't think we ought to just start
appropriating money anymore on matters like this, until it's done in consultation with your
office. If you would like move forward today, I would be willing to move forward after lunch.
But my purpose was primarily to make sure, one, that the Commission is informed that we have
well over a half a million dollars of bills, here that I was unaware. I don't know who was aware
and who wasn't aware? Huh, Commissioner Gort?
Commissioner Gort: I don't think....
Commissioner Hernandez: No one.
Commissioner Gort: ... anybody was aware of this. It was never brought forward.
Vice Chairman Plummer: Not to the extent.
Commissioner Teele: And this is a serious matter. So I believe that the more important issues
relate to giving Mister... Giving at least a 24-month medical benefit to the previous City
Attorney who has some very extenuating circumstances and a severance package that is
consistent with whatever the majority would ask for, and the report and the appointment of the
new City Attorney. And whatever, however the Commission would like to proceed. Mr.
Chairman, it's your call.
Vice Chairman Plummer: Are you recommending then that items...
Commissioner Gort: Sixteen through twenty-two.
Vice Chairman Plummer: Fourteen and fifteen be heard now?
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: But 16...
Commissioner Hernandez: Through 22.
68 March 24, 1998
Vice Chairman Plummer: ... 17, 18, 19, 20, 21...
Commissioner Hernandez: Twenty-two.
Vice Chairman Plummer: And 22 be deferred? Is that what you are recommending?
Commissioner Teele: I am recommending that we entertain the deferral, but we allow any City
Attorney or any firm that is here to be heard because I think rather than...
Vice Chairman Plummer: Ping. [phonetic]
Commissioner Teele: ... just simply deferring it, we need to hear from these legal firms that
have been trying to be heard, at least since I have been elected, they have been asking me to put
them on the agenda. And I think it would not be a service to them if we didn't at least hear what
the various law firms have to say... Regarding there is an understanding that I would like to
make sure that before we take a final action on this that we have a written recommendation Lium
the Manager and a coordination with the Budget and the Finance Office, and quite frankly, with
the External Auditor.
Vice Chairman Plummer: All right. Let's address item 14. Commissioner Teele, do you have a
recommendation?
Commissioner Teele: Mr. Chairman, I would recommend six months pay and a 24-month
medical benefit package.
Vice Chairman Plummer: Is there a second? Is there a second?
Commissioner Hernandez: I second it.
Vice Chairman Plummer: The motion is now seconded. Is there any discussion?
Commissioner Regalado: Yes.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Mr. City Manager, is there anything that we should know regarding
the former City Attorney, and money that he could owe the City?
Mr. Garcia -Pedrosa: It's my understanding from staff, Commissioner, that there is a loan
outstanding, with the approximate amount of nineteen thousand dollars ($19,000).
Commissioner Teele: That any severance package, that any outstanding loans and expenses,
cellular phones, anything -- I was unaware of this -- be deducted from the package.
Vice Chairman Plummer: Excuse me. How is anybody loaned, borrow money from the City?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): That's probably through his pension plan or
something. It's...
Mr. Garcia -Pedrosa: Sue Weller is here. Let's not speculate.
Mr. Maxwell: Yeah.
69 March 24, 1998
Vice Chairman Plummer: Well, yeah, because that doesn't sound right to me at all.
Ms. Sue Weller (Labor Relations Officer): Sue Weller, Labor Relations Officer. Back in, I
think it was '96 when the individuals that were in the ICMA Plan were allowed to transfer over
to the JESSE Pension Plan....
Vice Chairman Plummer: I remember...
Ms. Weller: ... certain...
Vice Chairman Plummer: ... how well. I wish I could forget.
Ms. Weller: ... certain employees that transferred over had loans with ICMA. In order for them
to transfer over, the City paid those loans off with a promissory note and such legal documents
that were necessary for the employee to have to pay the City those loans. And...
Vice Chairman Plummer: Did we do that for all of the affected employees?
Ms. Weller: For all those that transferred... Well for... It was available to all those that
transferred over if they had a loan. Not all of them had a loan from ICMA.
Vice Chairman Plummer: OK. So in other words, that would come, Commissioner ieele, from
the severance pay?
Commissioner Teele: That would come from the severance package.
Vice Chairman Plummer: OK. Any further discussion?
Commissioner Teele: Mr. Chairman, I was unaware of this matter, and I apologize.
Vice Chairman Plummer: Needless to say there would be a release from the City Attorney...
from Mr. Quinn Jones...
Commissioner Teele: A...
Vice Chairman Plummer: ... acceptable to the City Manager and to the City Attorney.
Commissioner Teele: A full release.
Vice Chairman Plummer: A full release.
Commissioner Teele: That is satisfactory to the City Attorney. Mutual release.
Vice Chairman Plummer: All right, this is a resolution. All thosc In favor say
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it unanimous. Appoint a new City Attorney.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: The... the...
70 March 24, 1998
Commissioner Gort: Excuse me, Mr. Teele, may I ask a question please, sir?
Commissioner Teele: Yeah.
Commissioner Gort: Can we include in there also because... the committee that made the
recommendations, the release, on the release?
Vice Chairman Plummer: Your item? Speaking on item 14?
Commissioner Gort: On item 14.
Vice Chairman Plummer: Sure you can request it.
Commissioner Gort: In other words, we the Commissioners assigned a committee to do a study
and the study was presented here. [phonetic]
Commissioner Teele: The release would be... I would move also that the release include a
release relating to the committee and all parties and parties that participated in the evaluation,
including the Oversight Board Committee.
Commissioner Gort: Thank you.
Vice Chairman Plummer: Clerk understand?
Mr. Walter J. Foeman (City Clerk): Yes.
Vice Chairman Plummer: So included.
71 March 24, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-303
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PAY SIX (6) MONTHS SEVERANCE SALARY AND MEDICAL BENEFITS FOR
TWENTY-FOUR (24) MONTHS TO FORMER CITY ATTORNEY A. QUINN JONES,
III; SAID SEVERANCE SALARY IS SUBJECT TO THE DEDUCTION OF AN
OUTSTANDING LOAN, IN THE AMOUNT OF APPROXIMAIbl.1 �19,uuu;
FURTHER DIRECTING A. QUINN JONES, III TO EXECUTE A GENERAL
RELEASE FROM LIABILITY, THEREBY RELEASING THE CITY OF MIAMI, THE
CITY COMMISSION, ALL CITY EMPLOYEES, BOARDS, AUTHORITIES,
COMMITTEES, AND THE OVERSIGHT BOARD LEGAL AFFAIRS COMMITTEE,
AS WELL AS THE LEGAL AFFAIRS COMMITTEE OF THE MIAMI CITY
COMMISSION.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Nunc.
------------------------------------------------------ ---------------------------------------------------------
17. (A)APPOINT ALEX VILARELLO CITY ATTORNEY.
(B)COMMENTS FROM COMMISSIONERS REGARDING SALARY AND
BENEFITS FOR ALEX VILARELLO.
(C)INSTRUCT CITY ATTORNEY TO ATTEND OVERSIGHT BOARD
MEETINGS.
Vice Chairman Plummer: All right. Item 15. Mr. Teele.
Commissioner Teele: Mr. Chairman, the City Commission appointed, I think a very
distinguished committee. I don't know if Ms. Dougherty is here. We should have given here the
opportunity perhaps to come and make a report. Suffice it to say, that they did a very outstanding
job, they interviewed a number of persons and they have forwarded their recommendations in
rank order. And I would place their recommendations before the Commission.
Vice Chairman Plummer: OK, is that in the form of a motion, or are you just placing it before
the Commission?
72 March 24, 1998
Commissioner Teele: I am placing it before the Commission.
Vice Chairman Plummer: All right, I will take up the recommendations, and I will proffer the
name of Alex Vilarello as the number one rank for the City Attorney's position.
Commissioner Regalado: Second.
Commissioner Hernandez: I second it.
Vice Chairman Plummer: Any further discussion or any further other...? It's a resolution. All
in favor say "aye."
Commissioner Teele: Mr. Chairman, before you do...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: ... I think it would be appropriate if Mr. Vilarello was present, and could
at least answer questions. Again, Mr. Chairman, I have great appreciation for you and your
dispatch, but I think there are certain things that really, we have an obligation on the record to
build, and I would appreciate if as the first order of business coming back, we could vote on that
motion after we have had an opportunity for Mr. Vilarello to present his outstanding
credentials...
Vice Chairman Plummer: All right, sir. We, then, will invite Mr. Vilarello for here at three
thirty. And also the Mayor has asked, and I have concurred, and I hope my colleagues will, that
this would become effective May 1, to give him time to resign from his Hialeah position, and in
fact become effective here, May 1. And, I talked...
Commissioner Regalado: The Mayor of Hialeah, you are talking about?
Vice Chairman Plummer: Yes, of course.
Commissioner Regalado: Oh, OK.
Commissioner Hernandez: Why don't we ask him how quickly he can come on over? I mean,
why should...
Commissioner Teele: Why should we...?
Commissioner Hernandez: ... we wait until May 1st?
Vice Chairman Plummer: That was the request of, Mayor Carollo.
Commissioner Regalado: Mayor Carollo?
Vice Chairman Plummer: Yes.
Commissioner Regalado: Or Mayor... Martinez?
Commissioner Hernandez: Mr. Vilarello is there. Mr. Vilarello is there.
Vice Chairman Plummer: Mayor Carollo asked that we make it effective May the 1st. Now...
Commissioner Regalado: Well, why don't we talk to him now?
73 March 24, 1998
Commissioner Teele: Well, he's here now.
Commissioner Hernandez: Why don't you bring him? He's right there.
Commissioner Regalado: He's here.
Vice Chairman Plummer: Oh.
Commissioner Teele: Mr. Chairman, while he is coming forward, let me say this, because I
really do think that this Commission really ought to understand what the Commission role is...
Commissioner Hernandez: That's right. That's right.
Commissioner Teele: ... and what the Mayor's role is. And I have said that when Mayor Suarez
was involved. Mayor Suarez had his candidate for Mayor. I have said repeatedly...
Commissioner Hernandez: Manager.
Commissioner Teele: I don't think what Mayor Raul Martinez thinks ought to matter one bit.
Commissioner Regalado: Yeah, right.
Vice Chairman Plummer: No, excuse me, excuse me. It was Mayor Carollo.
Commissioner Teele: I don't think what Mayor Carollo thinks on the matter of the City
Attorney should be the controlling factor as to what this Commission does. And I really do
believe that we need to understand the difference between the legislative body and the executive
body. And even though our Charter is a little bit different, it's important that we have
independence as it relates to the City Attorney. Because the City Attorney works for us. I know
he's here and I would ask him to come forward, Mr. Chairman, if he would?
Vice Chairman Plummer: Alex. Mr. Teele, in response to your comments, we are learning more
everyday your interpretation, and nobody yet, has disagreed of the separation of Church and
State. Do you have questions of the potential candidate?
Commissioner Teele: Yes.
Commissioner Regalado: Yes. Oh, go ahead.
Commissioner Teele: I apologize, I yield to you. No, please.
Commissioner Regalado: No, just a brief question.
Vice Chairman Plummer: Excuse me, before we start. This will be the concluding item of
today.
Commissioner Regalado: This morning.
Vice Chairman Plummer: This morning, OK. I am sorry. This will be the concluding.
Commissioner Teele: Why don't you take up the legislative? Take up the legislative item.
Vice Chairman Plummer: We will reassemble at three thirty for the purposes of the continuation
of the agenda.
74 March 24, 1998
Commissioner Regalado: Mr. Vice Chairman. I think that... Are we going to address before
twelve thirty or whatever the legislative issue...
Vice Chairman Plummer: No, sir, that will be seven o'clock tonight.
Commissioner Regalado: Seven o'clock?
Vice Chairman Plummer: With the other items, yeah.
Commissioner Regalado: Oh. All right.
Vice Chairman Plummer: But just for the record, we will adjourn as soon as this item is
concluded. Go ahead, Mr. Regalado.
Commissioner Regalado: One question. Mr. Vilarello, if you were to be appointed attorney,
when can you start in the City of Miami?
Mr. Alex Vilarello: Well, I would like to discuss that with Mayor Raul Martinez to give him an
opportunity to make sure that he is comfortable with the transition in my office in Hialeah. I
have everything pretty much in order. So, two weeks should be sufficient bat with deference to
Mayor Martinez, I would give him an opportunity to discuss that issue with him. I haven't done
that as of yet. Although, he is aware of this process obviously.
Vice Chairman Plummer: Commissioner Teele.
Commissioner Teele: Thank you Alex, I have had the opportunity to meet with you, and let me
commend you. You were selected as the number one rank candidate from a outstanding panel
that had tremendous diversity, and I also should note that the panel had a majority of females.
So, we were clearly gender sensitive as well. I am very concerned with the lack of women in
senior positions. Do you have a view regarding any limitations that gender may impose on a
person in an office.
Mr. Vilarello: Certainly... Certainly, not.
Commissioner Teele: Let me ask you this? How many African -Americans are contained or
work in the law office that you work in, that you currently head?
Mr. Vilarello: In the City of Hialeah, none.
Commissioner Teele: You clearly... And we have had this discussion privately, and I am very
satisfied with your sensitivity, but I would like a statement at least on the record of your
recognizing that the City of Miami is not only diverse, but it is very, very sensitive, and in many
ways stressed being the fourth poorest City in the nation. Would you just state for the record
your views on diversity and ensuring a representative based upon merit and qualifications.
Mr. Vilarello: Absolutely. It's... it's certainly an important issue to consider 9nd the st-iffin(; of
the office ultimately with the best qualified candidate being appointed. I understand this
community. I understand the ethnic diversity of this community, and I believe a public office
does have a responsibility to reflect accurately along those lines. Always, however, with the best
qualified candidates being selected for those positions.
Commissioner Teele: Alex, another very important point. And one that it really is very, very
germane to your office. The govern... The Oversight Board as well as other panels have
75 March 24, 1998
suggested that one of the largest problems that the City Attorney's Office has had in the past is
political interference. That is, Commissioners engaged in personnel action. Do you believe that
you have the courage to tell myself and any other Commissioner or the Manager or anyone on
the Manager's staff, or lobbyists that are sent to them to butt out of personnel matters? And can
you commit to this Commission that you will hire solely based upon merit and considerations,
other social considerations, but you will specifically not hire based upon political references and
letters of reference and...?
Mr. Vilarello: Not only is it a commitment, but I would turn that back to the Commission and
tell you that that is the commitment that I have received from all of you when I have spoken to
you individually. Politics cannot play a part in the... the selection of attorneys for the office,
because ultimately that comes back to haunt Commissioners in their belief as to whether or not
the legal opinion is politically motivated or not. There is no way to divorce those two issues. So
it cannot be a part of the process. And one of the first orders of business should you vote
favorably on this item will be to stress to the members of the office that politics in the office has
to be over immediately or they can pursue politics elsewhere... somewhere else.
Commissioner Teele: Mister... Alex, let me ask you this, more specifically. Do you have the
courage to go to the State Attorney's Office if in fact someone asked you to violate the Charter?
Mr. Vilarello: Certainly, as corporate counsel, my responsibility if I become aware of violations
of State law would be to deal with it appropriately. As Corporate Counsel it's also my obligation
to make sure that that doesn't happen. So it's a dual role of counsel and advice and certainly if
it's necessary to go to the State Attorney's Office, I'd be obligated to do so.
Commissioner Teele: But you also acknowledge that you have a role to advise us? It's sort of a
trick question in a way.
Mr. Vilarello: Sure.
Commissioner Teele: That you have an obligation to advise us and to advise any of us when we
are in the gray area of violating the City Charter or...?
Mr. Vilarello: My, my... My thoughts and philosophy on providing you advice is to define the
playing field and that playing field will be wherever you can go as a matter of policy. And part
of that is to make sure that you don't go where Ms. Rundell would be concerned.
Commissioner Teele: Finally, the office has had a series of challenges and problems. The
problems that I am mostly aware of is the fact that we have really not been hiring... we don't
have a pool of young, brilliant, energetic lawyers that are fresh out of law school each year.
That, of course, is a function of budget as well as other things. To my knowledge, we have no
paralegals, or certainly few. We have a series of issues and I would invite you to get to know the
Manager's new Director of Community Development because I think there are a series of
challenges, and even snake pits, if you will, awaiting us there in the area of our real estate
activities. I, as the Chairman of the CRA (Community Redevelopment Agency) am horrified at
some of the things that we have allowed to happen and left undone. I want to commit to you that
I will work as a Commissioner to try to make those resources available to you over the next year.
But that doesn't mean a lot when we don't have sufficient funds. I would certainly hope that you
would prioritize bringing in paralegals as well as, you know, young graduates and persons who
have just been admitted to bar so that we can continue to keep the creative juices and the... You
know, young people are much more willing to work long hours at night and weekends than those
of us that are seeing the autumn of our days. So...
Commissioner Gort: I don't know about that.
76 March 24, 1998
Mr. Vilarello: I don't know about that... I don't know about that either.
Commissioner Teele: But, I sincerely think that we do need to try to figure out ways to get more
staff...
Unidentified Speaker: Represent them more.
Commissioner Teele: ... and some of the ways to do that may be outsourcing. I make no
representation on that. The... Commissioner Hernandez is pending a report which I would ask
you to work closely with him on, because the Commission needs a policy. One of the things that
the last City Attorney got criticized for was not outsourcing enough. He also was criticized by
members of the Commission for outsourcing too much. So it tells you that we have an
obligation as a Commission to establish what that policy is and should be. I will only hope that
you would do well and be fair and be totally independent. Independent of the Mayor,
independent of the Commission, independent of the management, and the Manager and the
management. .This City needs more than anything checks and balances. I have raised concerns
about the Finance Department and Budget Department. I have raised the same concern,
particularly noting that you were employed once by our very distinguished Manager, and that we
really need to ensure that you guys don't all go over there and get in bed together, in so to speak.
And I don't mean that in any... I need to... I should clean that up because in this day and age
you just might... I am going to leave that alone. I apologize if I have...
Vice Chairman Plummer: Who is the next candidate?
Commissioner Teele: I apologize if I have offended you or made you happy. But in any event...
He's turned red.
Mr. Jose Garcia -Pedrosa (City Manager): I came from Miami Beach...
Commissioner Hernandez: He's peachy.... It's a sensitive issue.
Commissioner Teele: In any event, I really do hope that you will struggle to maintain a very
professional and close working relationship with the Manager, but at the same time maintain
total independence of the management. This City needs a check and balance. And my final
comment is, that I don't think we have enough women in responsible positions, having already
made the mistake that I have made, I won't get into any gender issues. But we can only hope
that one day we will again have a City Attorney and other high professionals that are of a
different gender. But I am confident that you are going to do a great job.
Vice Chairman Plummer: Mr. Regalado, you had another question?
Commissioner Regalado: Yeah. Basically Alex, there was an issue of the salary. As you know,
this Commission and the Manager setup a cap? Are you aware of that and would you be willing
to negotiate with the Commission your salary and benefits?
Mr. Vilarello: Well, I am aware of the cap that's been imposed and I think somewhere in
between the benefits package and the different, you know, amount in the form of salary. I am
not someone who is motivated by finance. If I was... if I was motivated by that I would be in
private practice. I am motivated by other things. However, a change in life-style is not
something that my family is...
Commissioner Regalado: Yeah, but...
77 March 24, 1998
Vice Chairman Plummer: Well, if I may? Mr. Regalado, we, the Commission have not
established a cap.
Commissioner Regalado: OK, I was going to say that. That we could...
Vice Chairman Plummer: OK? Just so we know and understand.
Commissioner Teele: Yes, you did.
Vice Chairman Plummer: No, sir. On those named parties, we did establish a cap.
Commissioner Regalado: With the administration, we did.
Vice Chairman Plummer: But we did not as a policy establish it uniformly across the board, I
don't believe.
Commissioner Teele: Well, let me say this. I don't... won't bicker with you. We established a
cap in my judgment when we capped the Manager and then when we ordered the Manager to roll
back salaries of those persons that were below that. And we...
Vice Chairman Plummer: Those named persons.
Commissioner Teele: ... and those names. But... But I believe that it's fair to say that the new
Mayor did not campaign, does not believe in the phony cap that Mister... that the unions are so
concerned about. And I don't think that we should concern ourselves with that cap. And I think
the instructions in the motion should be to instruct the current Attorney and Manager to negotiate
over the next two periods with a salary package and to bring it back.
Vice Chairman Plummer: I would like to... I guess it's within my prerogative to add to that,
Commissioner Hernandez as the three of them and he will be the liaison from the Commission,
for the three of them to come back with their recommendation as to the package.
Commissioner Regalado: Yeah, but the reason I was asking that question is not because Alex
himself, but his ability to hire high quality people in terms of... So what I am trying to say here,
if we are not establishing a sort of a cap for him in his department, so he can decide whatever,
whoever he believes is best for the position. That's what I was trying to establish.
Vice Chairman Plummer: All right. Commissioner Hernandez.
Commissioner Teele: Before you do Bert, would you yield just...? Would yuu put uu the Le,-�uid
what your current salary is? I know what it is, but just so that the record is clear.
Mr. Vilarello: One hundred and twenty thousand.
Vice Chairman Plummer: Huh. Commissioner Hernandez.
Commissioner Hernandez: Thank you. Alex, I was fortunate enough to be supervised by you,
and when I first was employed by the City, you were my immediate supervisor. So I know what
you are capable of. I have certain concerns during my five years at the City of Miami Attorney's
office that I want you to address and work with me. One of them is... which has been touched
off on by Commissioner Teele is policies and procedures on retaining outside counsel. I am
presently working on that. I tried to get some information from different municipalities,
different counties on how they do that. But we have had serious problems with outside counsel
and when we've decided to retain outside counsel. Right now, we are looking at over six
78 March 24, 1998
hundred thousand dollars ($600,000) in fees that are owed on outside counsel. So 1 need to work
with you on that. That's one major concern I have over the Law Department. Secondly, I've...
because of my colleagues that I had in the Assistant City Attorney's Office, as Assistant City
Attorneys, we discussed on many occasions and the gripe is really in the controversy on salary
raises based on who they knew and who they did not know. Merit has not been one of the issues
that have been taken into account when raises have been given in that department. I firmly
criticized that in the past, and I have not seen much change in the last couple of years. One of
the reasons is, because they really haven't given raises, I think in the last couple of years to begin
with. But I think we need to, in order to increase morale in that department is to obviously look
at merit when we consider raising salaries. Another issue that has come about is the situation of
benefits for City Attorneys... Assistant City Attorneys. In the past there has been monies for...
allocated for CLE credits, ongoing seminars. I think that's very important for morale and I think
that in the past that hasn't been much of a priority. It was discarded a couple of years ago. And
in speaking to many of the attorneys over there in the office that you... most of them you know,
there is a problem with that. And I think we need to discuss that with the Manager and find
money to possibly increase your budget to provide those benefits. And finally, just touching off
briefly on something that Art... Commissioner Teele did. It's very important that under our new
form of government you consider your allegiances, alliances really on who you work for, who
you have to respond to, and this Commission, the Mayor's Office and the Manager. That's
some... something of concern because in the past, there is no question that the City Attorney's
Office has been manipulated, thrown into the political circle. I have seen that as recent as to
several meeting ago and I strongly urge that if you are to be appointed to this position that you
definitely stay out of that because 1 am one to not... to stand for that. And 1 have spoken to you
on many occasions in interviews that we have had in past. And I congratulate you in advance if
you are to get appointed to this position today.
Mr. Vilarello: Thank you.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I have a... Most of the questions have been asked, but there are two
documents. One was created by the Oversight Advisory Board, and by this Commission the
Advisory Board that went into the Legal Department and they came out with certain
recommendations. And I would say, 90 percent of the two different committees, although it was
done at different tasks and different individuals came out with about 14 conclusions. Our
present Attorney Maxwell, has tried to implement some. Have you had an opportunity to read
those recommendations?
Mr. Vilarello: I have read both of them, yes.
Commissioner Gort: Do you have any problem implementing most of those recommendations?
Mr. Vilarello: 1, 1... What I would like to do is, take a look at the office review and many of
those... I will certainly give consideration to each and every one of those recommendations. I
think all of them are fine recommendations. I just need to take a look at ho,,v that "arks v ithin
the office. The... both of those committees take... took quite a bit of time to go over the office
and those are... those... both reports are incredibly useful tools should I get this position in, in
tackling some of those problems. Things that I would not normally be aware of except for time
in the office. Those reports should be very helpful to me...
Commissioner Gort: I think that...
Mr. Vilarello: ... in analyzing the problems in the office and dealing with them.
79 March 24, 1998
Commissioner Gort: OK. Thank you.
Commissioner Regalado: Ah...
Vice Chairman Plummer: I have two questions. Mr. Regalado, go ahead.
Commissioner Regalado: Just briefly. We... We had had a very stormy relationship with the
Oversight Board. We now have the administration and the Mayor, although we don't have a
Commission representative in, in... before the Oversight Board. Probably, that will be resolved
in the future, near future. But what I think and I want to hear your thoughts on that, that we need
is, the City Attorney being present because there are some areas which you and I discussed and I
believe that the City Attorney can bring some issues to the meetings and our relationship with
the Oversight Board.
Mr. Vilarello: I believe that it's absolutely necessary for the City Attorney to be involved in that
process, to give counsel and advise to the Commission, to the Manager and the Mayor in each of
the issues that they undertake. So if the presence hasn't been there before, rest assured it will be
when I... if you select me.
Vice Chairman Plummer: All right, so we understand then that Mr. Hernandez, Maxwell, and
Pepeto will sit down and come back with a package to this Commission, hopefully, at the next
Commission meeting to put him officially in the driver's seat. Commissioner Regalado, what is
your intention as far as the date of hiring?
Commissioner Regalado: As soon as he is ready.
Vice Chairman Plummer: All right. So then that could be anywhere from two weeks to four? Is
that within the ball park, Alex?
Mr. Vilarello: I believe that will be sufficient for the Mayor, sure.
Vice Chairman Plummer: OK, I have two questions.
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: Number one, do you promise that in the future your answers will be
shorter than they have been today?
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: Number two, do you...?
Mr. Vilarello: That's two words, next time it will be just one.
Vice Chairman Plummer: Number two, do you wear Gucci shoes?
Mr. Vilarello: No.
Vice Chairman Plummer: Congratulations. There is a motion on the floor to appoint Mr.
Vilarello as the City Attorney for the great City of Miami. Is there a second.
Commissioner Hernandez: Second.
Commissioner Regalado: Second.
80 March 24, 1998
Vice Chairman Plummer: Is there any further discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: No opposition. It's unanimous. This Commission will return at three
thirty this afternoon.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-304
A RESOLUTION ELECTING AND APPOINTING ALEJANDRO VILARELLO AS
CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE UNTIL
THE FIRST MEETING FOLLOWING THE NEXT REGULAR CITY ELECTION AS
PROVIDED FOR THE CITY CHARTER.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:42 P.M., AND RECONVENED AT 3:35 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION EXCEPT
COMMISSIONERS TEELE AND HERNANDEZ FOUND TO
BE PRESENT.
----------------------------------------------------------------------------------------------------------------
18. GRANT THIRTY DAY EXTENSION TO MIAMI TELECOMMUNICATIONS,
INC. (MTCI) -- FOR RENEWAL OF CABLE TELEVISION FRANCHISE --
SEE LABEL 4.
Commissioner Regalado: This extension will mean that in 30 days they will come back to us
with a contract, that that will be it. And apparently that is not the case that we are going to have
30 days to bring all the concerns, and you know, I have told Aldo that we have not been
informed. I have not been informed. I don't know about the rest of the Commission, about the
way that the talks are going and you know, if this company is the same company. If there is
going to be a buy-out or... And the fact that there are some concerns that I need to raise in terms
of the channels, in terms of the quality of the service. So I... I don't have a problem in giving
81 March 24, 1998
the administration 30 days, what I do have a problem is to, to... in 30 days to find that we have
on the agenda a contract forever, or whatever, you know. And that... that's my concern. So I
have not... I have no problem in those 30 days extension. I do have a problem in that we will
have to deal in 30 days with a new contract which then, we are going to have to either reject or
approve.
NOTE FOR THE RECORD: Commissioner Teele entered the
Commission Chambers at 3:36 p.m.
Vice Chairman Plummer: Mr. Gort. Item 14, cable.
Commissioner Gort: Well, that was my question also. My understanding in reading this, is that
we were extending 30 days and automatically were given 18 months for them to come back with
a proposal, and I had a lot of problems with that. But it has been explained, and it is my
understanding that all we are doing today is extending another 30 days, one month. They are
supposed to come back to us with a proposal and see if we can accept it or not, and then at that
time we can make a decision.
Vice Chairman Plummer: Mr. Teele, do you have any comments on item 14, in reference to an
extension for the cable? None. Well, my only concern still continues to be that from what I
understand TCI is no more. TCI is gone. And they are now Media One, and if that's the case,
why are we even talking to TCI.
Ms. Elaine Buza (Telecommunications Coordinator): Elaine Buza, Telecommunications
Administrator. Can I clarify that slightly?
Vice Chairman Plummer: Absolutely.
Ms. Buza: The situation currently, as I understand it and TCI confirmed this, is that they are
negotiating or they are entering into a period of fact finding where they are looking at the
disadvantages and advantages of exchanging systems in various geographic areas of the country.
This is not a done -deal. This process could take upwards to 12 months. From now to the next
12 months for them to complete this exchange of systems. The end result should be that the
South Florida holdings of TCI would go to Media One and then TCI will take over Media One
holdings in another area of the country. That's the end result. But this is going to take another
12 months.
Vice Chairman Plummer: What they do in other parts of the country doesn't interest me.
Ms. Buza: Right.
Vice Chairman Plummer: What they do here is what interests me.
Ms. Buza: What... what this process will take though, in this 12-month time period is what we
were looking at doing is having an 18-month agreement brought before you at a future
Commission meeting which would basically carry us through the 12 months it's anticipated for
this transfer to be completed, and then give us six months to negotiate a much more
advantageous agreement with Media One than we will get today from TCI. You know,
ultimately the advantage would be to the City of Miami.
Vice Chairman Plummer: Did you see this?
82 March 24, 1998
Ms. Buza: Yes. I am familiar with what BellSouth is doing.
Vice Chairman Plummer: And you know what this says? It's a big business. And I am telling
you that as far as I am concerned, we are going to be a part of that big business. Mr. Manager, I
want to make sure that TCI and anything they negotiate, they understand that selling to Media
One, they come back and renegotiate. OK? I mean, this is not a thing that they are going to hand
to Media One or anybody else on a silver platter and say, OK, now here is what you have got,
and this is what you have got to pay me for it. We are going to be the recipients of those dollars.
Ms. Buza: Yes. The City, of course, has the opportunity to approve the transfer, to look at the
terms of the transfer, to be sure it's to our advantage.
Vice Chairman Plummer: Yeah, the way that could be written, yes or no, is good or bad. Any
contract that comes here, is going to be understood with this person. OK? That any sale,
transfer or anything, absolutely starts a new negotiation. Automatically, OK? My colleagues
want the extension. I would have voted against it, but my colleague want it, I'll go along with it.
Commissioner Regalado: Yeah, but predicated on the fact that we need to be informed within
the next 30 days. I mean, not to have in the agenda just something that pops up, you know, we
are going to do this. You know, we need to talk to the City staff and the company because we
have several concerns that we don't need to bring it in public. we could. hec m,�(
knows about it. But it will take a lot time. So, might as well say it to you and then you would
respond and you will see, you will have the feeling of how each member feels.
Commissioner Gort: Let me tell you something. And I think, Teele is right on the nose in this.
Mr. Manager, somehow this contract, we need to have in front of us, three months before they
are due. Because when you come to us like today, if we don't take a decision today, what
happens? If we don't extend this, we don't have a contract.
Vice Chairman Plummer: Well...
Commissioner Gort: What happens then?
Vice Chairman Plummer: ... your contract is already over a year expired.
Commissioner Gort: No, I understand that, OK?
Vice Chairman Plummer: And you know, for a while, let's put it on the record, they absolutely
refused to pay us. They just wouldn't pay it. Saying, we don't have a contract, they wouldn't
pay us. And then when we really threatened them down and dirty, they decided they better pay
us. I also am very well... fully very well familiar with the fact that they do not have an
exclusive franchise. It still gives us the right to go out to other parties which is what we, through
Commissioner Regalado once before gave consideration to, but now after this article. I think we
ought to give more consideration. Anyhow, motion by Commissioner Regalado, seconded by
Commissioner Gort to give a 30-day extension.
Commissioner Regalado: And to be informed throughout the talks of this 30 days.
Vice Chairman Plummer: OK. My other question is, how do you give a 30-day extension and
have everything in our hands three months in advance? But that's a trick that you can pull.
Mr. Garcia -Pedrosa (City Manager): Yes, sir.
83 March 24, 1998
Vice Chairman Plummer: Sir, do you wish to speak to the issue?
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Chairman Plummer: I figured that.
Mr. Gonzalez-Goenaga: I always speak to the issue, Mr. Plummer, but you...
Vice Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: But this Commission never pays attention.
Vice Chairman Plummer: Yes, sir. Start the clock, please. His two minutes are running.
Mr. Gonzalez-Goenaga: He doesn't have too much complaint because he is treated with the
elite. And he probably has the cable channel. I do not even have TCI anymore because for the
lousy service that I as an individual, received - 2469 Southwest 14th Street. And this has been
going on and on and on for a long period of time. And now you are trying to collect from
Massachusetts sending me bills of one hundred and forty and I... I could care less. So my name
is Manuel Gonzalez-Goenaga. Check your records and stop trying to collect from me when you
don't even pay the City anything. And you better be prepared when you come with the
extension of this, a lot of front money in advance and commitments for new investment because
I know that you are in trouble now, the company itself. Thank you.
Vice Chairman Plummer: Thank you, sir. They have cable in jail, so...
Commissioner Gort: Quit while you are ahead.
Vice Chairman Plummer: Sir?
Commissioner Regalado: No, they don't.
Vice Chairman Plummer: All in favor of a motion say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposed? Show unanimous.
84 March 24, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-305
A RESOLUTION GRANTING AN EXTENSION FROM MARCH 24, 1998 TO APRIL
24, 1998 TO MIAMI TELECOMMUNICATIONS ("MTCI") FOR THE SUBMITTAL
OF A PROPOSAL FOR THE FORMAL RENEWAL OF MTCI'S CABLE
TELEVISION FRANCHISE AGREEMENT WITH THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Gort, you also asked for consideration on item 15.
Commissioner Gort: CA-16.
Commissioner Teele: Before you move.
Vice Chairman Plummer: Sixteen.
Commissioner Teele: Before you move from that item.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Let me just understand. Now, they have paid... There was some
discussion that they had not paid for a year.
Vice Chairman Plummer: They are current, sir. Madam of City cable operator. Commissioner
Teele is asking the question. Are they current on their payments with the City?
Ms. Buza: Yes, they are, Commissioner since the second quarter of 1997 they have remained
current, up until today.
Commissioner Teele: And they did not pay for one year?
Ms. Buza: That's true. However, the terms of the existing franchise agreement with them that
was negotiated in nineteen ninety... in 1981 rather, did allow that. It allowed them to credit
prepaid franchise fees back in 1981 and '82 against the last year of the franchise agreement. So
that was in fact permitted. There was some additional financial discrepancies between what the
City believed and what TCI believes and that's still being ironed out. And, you know, I expect
that to be ironed out. But they did restart franchise fee payments.
85 March 24, 1998
Commissioner Teele: And is the agreement exclusive or non-exclusive?
Ms. Buza: Non-exclusive. It's always been since 1981.
Vice Chairman Plummer: Since day one.
Commissioner Teele: So have we ever seriously considered going out with another bid?
Ms. Buza: Certainly, what our anticipation was, is once we updated the enabling ordinance
which is Chapter 11 of the Code, which we are in the process of completing that we would then
issue an RFP against that updated ordinance and we would ask for other people to come on
board. Certainly, BellSouth in their wireless implementation is a possibility and we would
certainly look to anyone else who would be anxiously to come into the community.
Commissioner Teele: Well, let me just be on record, Mr. Manager. Again the bravado is fine.
but if you really want to get their attention, issue a new RFP (Request for Proposals) and things,
I think, will begin to fall in line. Particularly if there is a question of transfer of ownership
because that's going to be directly... It's going to directly impact the value of the franchise and I
mean, I don't know where you are on it, Mr. Manager, but I think if you were to even issue a
notice of interest in determining if there is anybody else interested in bidding something "pre" to
that, I think, you know, things would move a lot better for us.
-----------------------------------------------------------------------------------------------------------
19. AUTHORIZE REALLOCATION OF $160,000 OF AVAILABLE
COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY
FUNDS -- FOR CODE ENFORCEMENT -- SEE LABEL 4.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Mr. Gort, you asked that CA-15 be put over 'till this afternoon, are
you prepared, or you wish to defer?
Commissioner Gort: I wanted the Manager to let me know where this is coming from, this
funding?
Mr. Jose Garcia -Pedrosa (City Manager): It's 15 or 16?
Commissioner Gort: Fifteen. This is 15. It's one hundred and sixty thousand for the Code
Enforcement to the NET (Neighborhood Enhancement Team) Program.
Mr. Garcia -Pedrosa: It's coming from CDBG (Community Development Block Grant).
Commissioner Gort: This year's funding?
Mr. Garcia -Pedrosa: I think that's right. From the '97-'98 program year. Yes, sir.
Commissioner Gort: Move it.
Vice Chairman Plummer: Mr. Gort moves item CA-15. Is there a second? Is there a second?
Commissioner Regalado: Second.
86 March 24, 1998
Vice Chairman Plummer: Seconded. Any discussion? Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-306
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REALLOCATE
$160,000 OF AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) CONTINGENCY FUNDS FOR THE CODE ENFORCEMENT/NET
PROGRAM, IN ORDER TO CARRY OUT ONGOING CODE ENFORCEMENT
ACTIVITIES IN LOW AND MODERATE INCOME TARGET AREAS INITIATED
BY THE CITY'S NEIGHBORHOOD ENHANCEMENT TEAM (NET) DURING THE
1997-1998 PROGRAM YEAR.
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
----------------------------------------------------------------------------------------------------------------
20. ACCEPT FULL PAYMENT OF CITY LOAN 177-612005 FROM TACOLCY
ECONOMIC DEVELOPMENT CORPORATION -- SEE LABEL 4.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: OK, we are now back to the regular agenda.
Commissioner Gort: CA-16. My understanding is, the applicant met with the Commissioner
and...
Mr. Jose Garcia -Pedrosa (City Manager): This is a prepayment cif a hmn.
Commissioner Gort: ... my understanding is, they don't have any problem. Yes.
Vice Chairman Plummer: Oh, I am sorry.
Mr. Garcia -Pedrosa: Prepayment of a loan. Present value is about eighty-seven thousand. They
are proposing to pay us ninety-one thousand and change. The property is changing hands, I
believe.
Vice Chairman Plummer: And when do we get the balance?
87 March 24, 1998
Mr. Garcia -Pedrosa: Considering changing hands.
Vice Chairman Plummer: And when do we get the balance?
Mr. Garcia -Pedrosa: No, no, no. We get the payoff on the loan now.
Commissioner Gort: It's the payoff. It's now.
Mr. Garcia -Pedrosa: It's the payoff number... Pretty close to the payoff number now.
Vice Chairman Plummer: Oh, OK. So that makes it...
Commissioner Gort: I move...
Vice Chairman Plummer: It's a wash.
Mr. Garcia -Pedrosa: What they want to do is, is so they can market the property...
Vice Chairman Plummer: It's a wash.
Mr. Garcia -Pedrosa: Yeah. It's a payoff.
Commissioner Gort: I move it.
Commissioner Teele: Second.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): It's not a wash.
Mr. Garcia -Pedrosa: It's not a wash.
Mr. Maxwell: It's a payoff.
Mr. Garcia -Pedrosa: It's a payoff.
Mr. Maxwell: It's less money than we gave them.
Vice Chairman Plummer: Just for the record, how much less is it than what we gave them? Just
get it on the record, I'll vote for it, but I just want it on the record.
Mr. Garcia -Pedrosa: In 1988...
Vice Chairman Plummer: We gave them one hundred and fifty thousand.
Mr. Garcia -Pedrosa: Yes, sir. They have... The current value of the loan is eighty-seven
thousand one hundred and ninety-two dollars and ninety-six cents ($87,192.96). The loan would
be paid off in the year 2014 at current amortization rates.
Vice Chairman Plummer: Am I to assume we are taking fifty-nine thousand dollars ($59,000)
less?
Mr. Garcia -Pedrosa: But you are not taking into account present value. Yes, that's correct.
Vice Chairman Plummer: Just for the record. Thank you. Any further discussion?
88 March 24, 1998
Commissioner Teele: Yeah, but that's not a correct statement of the record.
Commissioner Gort: Right.
Commissioner Teele: You are not taking...
Vice Chairman Plummer: That's why I am asking.
Commissioner Teele: No. You are not taking less, you are taking the full value based upon the
present value.
Mr. Garcia -Pedrosa: Right.
Mr. Joel E. Maxwel, Esq. (Interim City Attorney): Of present... Present value.
Vice Chairman Plummer: Of the property.
Commissioner Teele: Based upon the present value of the note.
Mr. Garcia -Pedrosa: That's right.
Commissioner Teele: This is not... It is not less. It is less than the amount of the note. But if
you want to sit back 'till the year 2014 and get your payments, then that's how you get one
hundred and fifty thousand dollars ($150,000). If you want to get paid 100 percent of your
money now, you get eighty-nine thousand. They are paying two thousand dollars ($2,000) more
than the present value.
Mr. Garcia -Pedrosa: Present value.
Vice Chairman Plummer: Any further discussion? Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed?
Mr. Simmons: Thank you, Commissioners.
Vice Chairman Plummer: Show unanimous.
Mr. Simmons: Thank you.
89 March 24, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-307
A RESOLUTION ACCEPTING THE SUM OF $91,368 IN FULL PAYMENT AND
SATISFACTION OF CITY LOAN NO. 177-612005, IN THE ORIGINAL PRINCIPAL
AMOUNT OF $150,000, MADE BY THE CITY TO TACOLCY ECONOMIC
DEVELOPMENT CORPORATION ON SEPTEMBER 28, 1989, PURSUANT TO
RESOLUTION NO. 88-905, TO FINANCE CERTAIN RENOVATIONS TO THE
PROPERTY LOCATED AT 6200 N.W. 78TH AVENUE AND KNOWN AS THE
EDISON MARKETPLACE; FURTHER AUTHORIZING THE CITY M Al ,,NGER TO
EXECUTE SUCH DOCUMENTS AS MAY BE APPROVED BY THE CITY
ATTORNEY FOR THESE PURPOSES.
(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 Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
21. DISCUSS REQUEST TO INCREASE COMPENSATION FOR KPMG PEAT
MARWICK LLP -- SEE LABEL 4.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: I just want to take a second, Mr. Manager, and tell you, I want you to
know I voted for Peat Marwick Mitchell this morning. But I want to tell you something, that
company this year has taken out of this City eight hundred and forty-five thousand one hundred
and twenty-five dollars ($845,125) not including the twenty thousand that we approved again
today. And the thing that's in my craw is the fact that they wanted to charge this City thirty
thousand dollars ($30,000) to do a study about management contracts. You would think that
they are not starving to death. And I just want to put on the record that I am very, very disturbed
that a company has done this well with this City, would come back and try to, to extract from us
thirty thousand dollars ($30,000) which I feel was totally out of question, and I will not forget it.
90 March 24, 1998
----------------------------------------------------------------------------------------------------------------
22. CONTINUE CONSIDERATION OF AGENDA ITEMS 16 THROUGH 22
(PROPOSED CONTINUANCE OF ENGAGEMENT OF OUTSIDE LAW
FIRMS IN CONNECTION WITH ONGOING LAWSUITS) TO MEETING OF
MAY 26, 1998 -- FURTHER REQUESTING PROPOSED BUDGET ON HOW
CITY INTENDS TO PAY SAID FIRMS -- FURTHER REQUEST THAT
INCOMING CITY ATTORNEY REVIEW EACH CASE FOR
DETERMINATION OF POTENTIAL LITIGATIONS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: We are not proceeding on the agenda. We are on item, regular items,
Consent is over. Regular item 16. These were 16, 17, 18, 19, 20, 21 and 22 are all monies owed
to...
Commissioner Regalado: That was deferred.
Mr. Jose Garcia -Pedrosa (City Attorney): You just did 16. Let's see, 17 was deferred or
withdrawn by the Mayor. And, then I think what you...
Commissioner Gort: No, no, no.
Vice Chairman Plummer: That was a Consent Agenda, sir.
Commissioner Regalado: No.
Vice Chairman Plummer: I am talking about regular agenda.
Commissioner Regalado: No, no, no.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): My understanding was...
Commissioner Regalado: Commissioner Teele deferred that.
Mr. Maxwell: Yeah, you did...
Commissioner Teele: No, no, no. Let me just correct the record.
Vice Chairman Plummer: 'till this afternoon.
Commissioner Teele: I made a motion to defer, we did not vote on that motion, and we asked
that we would hold the motion and afford the opportunity for all of the firms...
Vice Chairman Plummer: To speak.
Commissioner Teele: ... that are listed here, to be able to speak. Because what we did not do is,
I have not met with everybody. I think everybody... needs to put their case on the record. And
what we have asked is that the Manager and the Attorney to meet subsequently and let's try to
figure out, along with the External Auditor and try to figure out exactly where we are and get out
books straight.
Vice Chairman Plummer: All right. Again, are you ready? Item 16, 17, 18, 19, 20, 21, and 22.
If any of the representative of those items are here and wish to put anything on the record, fully
91 March 24, 1998
understanding we are not making decision today, but you will be able to voice your opinion for
your particular firm, so you may or may not have to come back at a later date. For the record,
your name, your mailing address, what firm you represent and what item you are here on.
Ms. Laura Besvinick: Ah, yes. Laura Besvinick, Two South Biscayne Boulevard, Miami, from
Davis Weber and Edwards, and I am here first on item 16 which is the engagement of the firm in
connection with the Rainbow Lighting matter. There are some outstanding fees on Rainbow
Lighting. We were just successful in the Third District Court of Appeal in that case. The case is
over, absent further appeal by the plaintiff. That was the case, you may remember, in which the
City's ability to adopt the fire -fee was challenged. And the Third District in effect held that
what... for whatever reason the City adopted or didn't adopt a fee, the existence of the Oversight
Board and whether it was doing it to satisfy the Oversight Board wouldn't invalidate whatever
action this body decided to take. So that is effectively resolved. There is a outstanding bill
which would be substantially more than covered by this amount that would conclude that matter.
Vice Chairman Plummer: Thank you, ma'am. Do you have a second item?
Ms. Besvinick: Yes, I do.
Vice Chairman Plummer: And which item is that?
Ms. Besvinick: The next item is item 19.
Vice Chairman Plummer: OK.
Ms. Besvinick: In which Davis Weber and Edwards was retained to represent the City in a
matter filed by the Florida Panthers in connection with the Panthers' use of the Miami Arena.
That case is completely closed. That's over. The result there was, the City was not enjoined,
that the City paid no damages and the Panthers dismissed the lawsuit. There is a very small
amount outstanding in that. I believe less than five thousand dollars ($5,000). And again, this
number is substantially greater than necessary, I believe to cover the outstanding fee.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Question. On 19, were you contracted by MSEA (Miami Sports and
Exhibition Authority) or the...?
Ms. Besvinick: Pardon me?
Commissioner Gort: Who is responsible for your billing on 19, MSEA or the City?
Ms. Besvinick: MSEA, no. We were hired by the City of Miami in both Rainbow Lighting and
in the Panthers case, and we have engagement letters with the City of Miami. MSFA was
separately represented in that action by Joseph Portuondo.
Vice Chairman Plummer: We were scared. May I ask a question of the Manager? Mr.
Manager, she says that this matter is under five thousand dollars ($5,000). Yet, I see here in item
19, thirty-five thousand. Not to exceed thirty-five. I mean, if... where is realistic?
Mr. Garcia -Pedrosa: Are you looking at the same 19 we are looking at?
Commissioner Gort: I only see three thousand.
Mr. Maxwell: Yeah.
92 March 24, 1998
Mr. Garcia -Pedrosa: I only see three thousand.
Mr. Maxwell: It's three thousand.
Vice Chairman Plummer: Is this not item 19, the Miami Sports and Exhibition...
Mr. Maxwell: Yeah, it's the agenda. I think it's the agenda that's incorrect.
Vice Chairman Plummer: My agenda says thirty-five thousand dollars ($35,000).
Mr. Maxwell: Yeah.
Vice Chairman Plummer: Self-insurance and insurance trust fund.
Mr. Maxwell: That's a typo.
Mr. Garcia -Pedrosa: The memo... The memo and the resolution.
Vice Chairman Plummer: Excuse me.
Mr. Garcia -Pedrosa: The memorandum and the resolution.
Vice Chairman Plummer: Sir, I am reading from the agenda. Would you like to see my agenda?
Mr. Garcia -Pedrosa: No, I got... I have it here. The matter is... The amount is ak�luall) iiut Lo
exceed three thousand dollars ($3,000)...
Vice Chairman Plummer: Well.
Mr. Garcia -Pedrosa:... from the City Attorney's memorandum.
Commissioner Gort: There is a difference between the backup material and the agenda, J.L.
Vice Chairman Plummer: OK.
Mr. Garcia -Pedrosa: However, there was a question, and that's one of the reasons why we need
to do what Commissioner Teele has indicated. There is a question about whether new monies
were needed now were being told that that's not the case. So in the schedule that I have, that
wouldn't be necessary. We can probably resolve this without Commission's involvement under
forty-five hundred dollars ($4,500).
Mr. Maxwell: On that particular item...
Vice Chairman Plummer: Well, then, you know, I would... What bothers me, let's go back now
to 16. That's also thirty-five thousand dollars ($35,000).
Ms. Besvinick: That's...
Mr. Maxwell: That's... That's a correct figure.
Commissioner Plummer: That is a correct figure.
Mr. Maxwell: Yeah, it's not... That one on 16, what I have done...
93 March 24, 1998
Ms. Besvinick: If... I am sorry.
Mr. Maxwell: What I have done on some of them, Commissioners, is to add an amount for
future litigation. It doesn't make much sense for me to come to you right now and ask for
approval only of back fees only to have continuing litigation generate additional fees with no
authority to pay them. So on some of these we have added in incremental amount for that
particular purpose.
Vice Chairman Plummer: OK.
Commissioner Gort: Mr. Chairman.
Ms. Besvinick: If...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I think the problem that we are looking into to, my understanding is in
looking at the backup material, the resolution states twenty-one, not to exceed twenty-one
thousand sixty-five.
Mr. Garcia -Pedrosa: What item is that?
Mr. Maxwell: Which item is that you are speaking of?
Commissioner Gort: That's 16. The resolution that is here in the backup material.
Vice Chairman Plummer: Not to exceed thirty-five thousand is correct.
Commissioner Gort: No, twenty-one thousand sixty-five.
Mr. Maxwell: Yeah, that... And that includes what we have here is twenty thousand...
Commissioner Gort: ... There is a discrepancy between the agenda package and...
Mr. Maxwell: Of the...
Commissioner Gort: the back up material.
Mr. Maxwell: Yeah.
Commissioner Gort: And, I think this is where the confusion is being created.
Mr. Garcia -Pedrosa: That's correct. And also, I think what the City Attorney is saying is that
the memo talks about future fees which we are now told are not needed because the case is at an
end.
Commissioner Gort: Right.
Vice Chairman Plummer: Yeah, but look at item 21 on the agenda. Item 21, if you read it, you
can read it two ways. Three hundred and fifty dollars ($350).
Mr. Garcia -Pedrosa: Three hundred and fifty?
94 March 24, 1998
Vice Chairman Plummer: You heard me. Or you can look at it as three hundred and fifty
thousand. If you use dash, dash, dash, as zeros...
Mr. Garcia -Pedrosa: Three hundred and fifty thousand. He's got two fifty and then one hundred
thousand for future fees.
Vice Chairman Plummer: Sir, the agenda which I and the public read could interpret that very,
very clearly to be three hundred and fifty dollars ($350), and I like that one better than the other
one.
Mr. Garcia -Pedrosa: So do I.
Vice Chairman Plummer: Ma'am, do you have any other items that you wish to discuss?
Ms. Besvinick: There is a third item...
Vice Chairman Plummer: Yeah.
Ms. Besvinick: ... besides those two, which is item number 20...
Vice Chairman Plummer: Two zero.
Ms. Besvinick: ... in which Davis Weber and Edwards represents the City, and now also MSEA
in conjunction with the lawsuit by Tacoma Miami Associates, Limited. That's the company that
manages the Miami Arena that has sued Miami and MSEA in connection with the validity of the
noncompete provisions in the Miami Arena contracting in the land lease agreement.
Vice Chairman Plummer: Is that over or still ongoing?
Ms. Besvinick: I wish I could tell you it was over, but it isn't. That is the one which remains
decidedly active. The number that the City Attorney has suggested here, we have actually a very
substantial bill outstanding and I don't believe if you add up the bills we have been paid in effect
since anything that we have billed since last September. So this number may look somewhat
large, but over an extensive period of time during which the case has been quite active.
Commissioner Teele: And, Mr. Attorney... If I may, Mr. Chairman, Mr. Manager?
Vice Chairman Plummer: Sure.
Commissioner Teele: That's what's concerning me most. And I don't want to get into that, but I
mean, I don't know how our Finance Department is booking this or who is booking it, but I
really would like to know at another... at a later date how this case and the other case that the...
that Commissioner Plummer has made reference to, 21. I would like to see how those numbers
are being booked on our books. The fis... The fiscal year, the quarter, the whole nine yards, if
it's all right with you, Mr. Manager.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: And adding to Mr. Teele's request, I would also like to know the reason
why they were hired? What have been their accomplishments for the City, and what stage of the
litigation they are in?
95 Mardi 2_ 4, 1996
Vice Chairman Plummer: That's agreeable to the...?
Commissioner Gort: In other words, the expertise why they were hired, whenever you come
back to us.
Mr. Maxwell: Or you mean on each one of them?
Commissioner Gort: Whenever you come back... On each one of these. The reasons whey they
were hired and the expertise why we are not able to provide it in-house. Whatever they have
been able to accomplish for the City and what stage of litigation they are involved in.
Vice Chairman Plummer: Do you have anything else?
Ms. Besvinick: Unless I can answer any additional questions about the litigation?
Vice Chairman Plummer: Do you have any Gucci shoes?
Ms. Besvinick: I am proud to say, I don't.
Vice Chairman Plummer: OK. Anyone else?
Mr. Garcia -Pedrosa: She will, after we pay them.
Vice Chairman Plummer: Anyone else?
Commissioner Regalado: Yeah, Gucci.
Commissioner Gort: You are going to get a pair of Gucci's. [phonetic]
Mr. Garcia -Pedrosa: After we pay them she would.
Commissioner Regalado: Remember what happened to Oprah Winfrey with the meat.
Vice Chairman Plummer: With the hamburger?
Commissioner Teele: Send me to Italy.
Vice Chairman Plummer: Wait a minute, I didn't start the Gucci bit. Sir, your name...
Commissioner Teele: As long as they file the suit in Italy.
Vice Chairman Plummer: ... your mailing address, the company you represent, and what item
you are here to speak on.
Mr. Henry Latimer: Item number 21, Commissioners. My name...
Vice Chairman Plummer: Twenty-one. The three hundred and fifty dollars ($350). All rightee.
Mr. Latimer: My name is Henry Latimer and I am on behalf of the law firm of Eckert Seamans.
My business address is 701 Brickell Avenue.
Vice Chairman Plummer: Where is Vicki Leiva?
Mr. Latimer: I am sorry?
96 March 24, 1998
Vice Chairman Plummer: Vicki Leiva is not there?
Mr. Latimer: Vicki Leiva was here earlier this morning...
Vice Chairman Plummer: Oh, OK.
Mr. Latimer: ... and I was hoping that she would be here this afternoon, but she is not.
Vice Chairman Plummer: Thank you, sir.
Mr. Latimer: Right. But, the item we are here about is the lawsuit that was started back in 1992
with Perry Anderson versus the City of Miami. It was a race discrimination case. That case
was tried through 1993 in which there was a jury verdict returned in the amount of two million
dollars ($2,000,000) in compensatory damages and a half a million dollars ($500,000) in
punitive damages against the City and against your former City Attorney, Mr. Fernandez. We
were successful in persuading the court to give us new trial, at least on the issue of damages
pertaining to the City, that being the two million dollars ($2,000,000). There was an extensive
amount of work which led to the second trial which took place in February of 1997. And we
were successful in getting a zero verdict in that case. Now over the period from 1993 up until
now, we have been very, very cooperative with the City in terms of deferring payment of bills.
This was at the request of the City Attorney. And anytime there was a request that we defer -Ind
not make waves about the bills not being paid, we honored those and we are still doing it now.
For example, we have not been paid any amount in over a year. There was one payment just
before the last trial which concluded in February of 1997. But, I happened to look at the file
today, in terms of trying to give you a status report as to where we got to where we are, and I
note that, as of today there are 38 matters still pending before the court, the District Court, post
trial motion in the nature of, the other side, Mr. Anderson is asking for a new trial. We are
asking for the City's Attorney fees to be paid. We are asking for sanctions to be imposed. But
of those 38 items, the court could rule any day which necessarily means that more work would
be required. In addition, on March loth of this year, we received a notification from the
Eleventh Circuit Court of Appeals asking us what was the status of the case, and there is pending
motion before Judge Moore.
Vice Chairman Plummer: Sir, I think, Mr. Maxwell would like to have a comment at this time.
Mr. Latimer: Right.
Mr. Maxwell: No, I... Mr. Latimer is absolutely correct, that this is a case, the posture to this
case is in. We definitely need to make sure that we keep counsel on board at this time. It's a
high profile case. It's a very expensive case. Further, we have... The Commission should be
aware that they have acquiesced to a certain extent and tried to cooperate with the City aside
from the fact that we haven't paid them for a while just as the other firm has. They have agreed
to accept a portion of the fees that are past due at this time. They agreed through discussions
with my office last week, that they would accept 60 percent or one hundred and fifty thousand
dollars ($150,000) of the past due amount now. They would wait until the next fiscal year for
the other one hundred thousand dollars ($100,000), and the one hundred thousand dollars
($100,000) that I have on there for upcoming fees would be used to pay bills as they come due
now, so we wouldn't be paying that all up front.
Vice Chairman Plummer: Thank you, sir.
Mr. Maxwell: The Tacoma... the Davis firm agreed to the same type situation.
97 March 24, 1998
Vice Chairman Plummer: I don't think you could say any better than that, sir.
Mr. Latimer: Thank you so much, sir.
Vice Chairman Plummer: Thank you, sir.
Mr. Latimer: Thank you.
Vice Chairman Plummer: Are there any other of the firms, item 16 through 21 that wish to make
at this time? This matter... Commissioner Teele, when would you like this to come back on the
nextagenda?
Commissioner Teele: I think it's important that the Manager be given enough time to come back
with a...
Vice Chairman Plummer: Are you talking the 28th of April?
Commissioner Teele: Well, I would be comfortable coming back the second meeting in May
with a budget solution as well.
Vice Chairman Plummer: All right.
Commissioner Teele: The problem is not... I mean, you know, the problem is not voting. The
problem is writing the check.
Vice Chairman Plummer: I hear you.
Commissioner Teele: So we need a budget solution, and one of the things I am hopeful today
we will talk about, is why we really have to deal with a budget solution. So I would be very
comfortable coming back the second meeting in May, but it would be my hope that we can come
back with an understanding of how we are going to pay these people because I don't think it's
really an issue as to whether or not they are owed. I think there are some issues as to whether or
not we need to go forward, and I would hope that the new attorney...
Vice Chairman Plummer: Can I do all of those issues in one vote?
Commissioner Teele: Mr. Maxwell, I would seriously hope that the new attorney would take
each one of these cases and do an evaluation as to whether or not we want to continue with
litigation. I think one of the things that we need to be very careful about is just because we are in
a lawsuit, is no reason to continue a lawsuit. And in some cases, there may be a settlement here
that we can find. And in other cases, we may decide we want to go forward. But it just strikes
me as very strange that we are in a lawsuit like the last case, and there was one point that Judge
Latimer didn't make very clear, but I really would like to understand. Did you all handle the
first trial in which the two million dollar ($2,000,000) judgment...? You seemed to gloss over
that just a little bit.
Mr. Latimer: We handled the first trial in the
unfortunately for us, the City Commission was
who were former members and the former City
And it was an emotional trial.
two million dollar ($2,000,000) judgment, and
berated throughout the trial. Several members
Attorney were the stars of the show in that trial
Commissioner Teele: You mean, City Attorneys... Commissioners testified against the City?
Mr. Latimer: No, what I mean is that, in the absence
M
March 24, 1998
Vice Chairman Plummer: No, but a Police Chief did.
Mr. Latimer: I mean, there was all kinds of allegations against them and it was an emotional
trial not based on facts, and that was the reason we were successful in getting a new trial.
Because there was so much emotionalism, but second to that, it is true there were two key
employees from the City who testified against the City.
Commissioner Teele: But this is the point. The three hundred and fifty thousand dollar
($350,000) fee was essentially run up between what periods of time, '92 and '96?
Mr. Latimer: Ninety-two and today's date.
Commissioner Teele: Yeah, but how much in the last year have you all put on this, of legal fee?
Mr. Latimer: In the last year, my estimate would be... My estimate would be fifty thousand.
Maybe thirty, forty thousand.
Commissioner Teele: And the previous year?
Mr. Latimer: The previous year was the trial period.
Commissioner Teele: In '97?
Mr. Latimer: Ninety-seven was the last trial. The last trial was in '97 where we got a zero
verdict.
Commissioner Teele: And again, my issue, Mr. Manager, more than anything is, I would just
want to understand how these fees are being booked on our budget, on our... in our Finance
Department.
Vice Chairman Plummer: All right, sir, then we will accept item 16, 17, lid, 19 and 20 as being
deferred until May the 26th.
Mr. Maxwell: Twenty-one and twenty-two.
Mr. Walter J. Foeman (City Clerk): Are we going to do it by motion?
Vice Chairman Plummer: Twenty-one and twenty-two, also.
Vice Chairman Plummer: I am sorry.
Commissioner Teele: Call the question.
Vice Chairman Plummer: The matter is to be called. All in favor say "aye."
Mr. Foeman: I need a seconder...
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition?
Mr. Foeman: ... Mr. Vice Chairman.
99 March 24, 1998
Vice Chairman Plummer: They are resolutions.
Mr. Foeman: I need a seconder on the motion.
Vice Chairman Plummer: Oh.
Commissioner Gort: I move it.
Commissioner Teele: Second.
Vice Chairman Plummer: All rightee. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-308
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 16 (PROPOSED
CONTINUANCE OF ENGAGEMENT OF THE LAW FIRM OF DAVIS, SCOTT, WEBER
AND EDWARDS TO SERVE AS COUNSEL IN CONNECTION WITH THE LAWSUIT,
RAINBOW LIGHTING, INC. ETC. AL VS LAWTON CHILES, AS GOVERNOR OF THE
STATE OF FLORIDA, THE FINANCIAL EMERGENCY OVERSIGHT BOARD AND THE
CITY OF MIAMI); AGENDA ITEM 17 (PROPOSED RATIFICATION OF ENGAGEMENT
OF LAW FIRM OF EARL, BLANK, KAVANAUGH AND STOTS TO SERVE AS COUNSEL
TO THE CITY OF MIAMI WITH RESPECT TO ENVIRONMENTAL CONTRACT
MATTERS REGARDING THE SALE OF FEC PROPERTY); AGENDA ITEM 18
(PROPOSED CONTINUANCE ENGAGEMENT OF THE LAW FIRM OF WEISS, SEROTA
AND HELFMAN TO SERVE AS COUNSEL TO THE CITY IN CONNECTION WITH
MATTERS PERTAINING TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT;
AGENDA ITEM 19 (PROPOSED CONTINUANCE OF ENGAGEMENT OF LAW FIRM OF
DAVIS, SCOTT, WEBER AND EDWARDS IN CONNECTION WITH THE LAWSUIT,
FLORIDA PANTHERS HOCKEY CLUB, LTD., ET AL VS MIAMI SPORTS AND
EXHIBITION AUTHORITY AND THE CITY OF MIAMI); AGENDA ITEM 20 (PROPOSED
CONTINUANCE OF ENGAGEMENT OF THE LAW FIRM OF DAVIS, SCOTT, WEBER
AND EDWARDS, TO SERVE AS COUNSEL TO THE CITY OF MIAMI IN CONNECTION
WITH THE LAWSUIT, DECOMA MIAMI ASSOCIATES, LTD. VS CITY OF MIAMI AND
MIAMI SPORTS AND EXHIBITION AUTHORITY); AGENDA ITEM 21 (PROPOSED
CONTINUANCE OF THE ENGAGEMENT OF THE LAW FIRM OF ECKERT SEAMANS
CHERIN AND MELLOT TO SERVE AS COUNSEL TO THE CITY OF MIAMI IN
CONNECTION WITH POST -TRIAL LITIGATION SERVICES ND RETRIAL FOR THE
CASE OF PERRY L. ANDERSON, JR. VS CITY OF MIAMI, JORGE FERNANDEZ, AND A.
QUINN JONES, III.), AND AGENDA ITEM 22 (PROPOSED CONTINUANCE OF THE
ENGAGEMENT OF THE LAW FIRMS OF ALLEY AND ALLEY/FORD AND HARRISION,
AND MILLEDGE IDEN AND HELD FOR LEGAL SERVICES RENDERED IN
REPRESENTING AND DEFENDING THE CITY OF MIAMI AND INDIVIDUAL CITY
COMMISSIONERS) TO THE MEETING PRESENTLY SCHEDULED FOR MAY 26, 1998;
FURTHER DIRECTING THE MANAGER TO BRING BACK A PROPOSED BUDGET IN
CONNECTION WITH HOW THE CITY INTENDS TO PAY SAID FIRMS; FURTHER
STATING THAT IT IS THE COMMISSION'S EXPECTATION THAT THE INCOMING
CITY ATTORNEY WOULD REVIEW EACH CASE AND MAKE A DETERMINATION AS
TO WHETHER OR NOT THE CITY SHOULD CONTINUE THE LITIGATION FOR EACH
OF THESE ITEMS.
100 March 24, 1998
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
Commissioner Tomas Regalado
NOTE FOR THE RECORD: Item number 23 has been deferred.
Vice Chairman Plummer: Item 23. Mr. Manager. Approving the assignment...
Mr. Jose Garcia -Pedrosa (City Manager): This is the item that's been withdrawn at the request
of the...
Vice Chairman Plummer: Twenty-three has been withdrawn.
Mr. Garcia -Pedrosa: We will come back at a later date with the item.
----------------------------------------------------------------------------------------------------------------
23. CONTINUE AGENDA ITEM 24 (AUTHORIZE CITY MANAGER TO
EXECUTE JOINT PARTICIPATION AGREEMENT FOR USHUD TO
REPLACE SECTION 108 LOAN GUARANTEE FROM MIAMI-DADE
COUNTY -- FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND
FINANCING) -- FURTHER REQUESTING ADMINISTRATION TO
FORWARD AMERICAN AIRLINES ARENA PARTNERSHIP AGREEMENT
TO PARROT JUNGLE PARTNERSHIP -- FOR REVIEW OF FIRST SOURCE
HIRING AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 24 and 25 are companions in reference to Parrot Jungle.
Mr. Jose Garcia -Pedrosa (City Manager): These items are the two Parrot Jungle items. Twenty-
five is the approval of the development plans, but twenty-four is a resolution authorizing me to
execute a joint participation agreement setting forth the conditions that the City will require in
order to substitute itself as guarantor of the Section 108 loan. Commissioner Regalado, I think
wanted to be heard on this. And, I see that he stepped off the dais. No, there he is.
Commissioner, this is item 24, the matter that...
Vice Chairman Plummer: Twenty-four and twenty-five.
Mr. Garcia -Pedrosa: ... you and Commissioner Gort and others I think were present at the
County Commission meeting. What item 24 does...
101 March 24, 1998
Commissioner Regalado: Excuse me. I have a question. Did we do 23?
Mr. Garcia -Pedrosa: The applicant asked to be withdrawn to a future meeting.
Vice Chairman Plummer: Twenty-three was withdrawn.
Commissioner Gort: Withdrawn.
Commissioner Regalado: Oh, OK. OK.
Mr. Garcia -Pedrosa: Item 24, sets forth the conditions as we understand it, understand them that
the County had informally agreed to... This is a more formal way of doing that. That is to say,
the City will only enter into a joint participation agreement, if it clear that the substitution of the
City for the County as guarantor for 80 percent of the loan will take place at such time as the
supervisory process comes to a conclusion. At that time, we will also subordinate the lease
payments.
Vice Chairman Plummer: That, that was not my understanding. My understanding was, no
sooner than the supervisory was over.
Commissioner Regalado: Well...
Vice Chairman Plummer: In other words, there was nothing said. They said, "as soon as
possible." And, we said that there was no way that the Oversight Board would allow the monies
that we were receiving in an annual rent to go towards their payoff of the debt. Now, that's the
way I understood it.
Commissioner Regalado: Well, you were there, Commissioner Gort was there. I spoke to
Armando Vidal of... Well, he's gone now, but, but let... I spoke to Commissioner Roberedo,
Commissioner Souto, Commissioner Alonso, and Commissioner Morales during that night
when... when they ended the discussion. They... those Commissioners and this is only four out
our thirteen, and the Manager is gone now, understood that the only way that the City will be
able to do what they thought that we should do is, that they understood that we meant that
anytime that they can... we can only assume this, after the financial crisis was over, that is, after
the existence of the Oversight Board. Commissioner Souto said that he understood that. I mean,
he didn't say it in public, but I spoke to him and he said "no, I understood, I understand
perfectly." Commissioner Alonso, remember Commissioner Morales had this problem with the
rent and his motion failed. He wanted to subordinate the rent, the annual rent to pay for the loan.
So, and, the former Manager, also said that it was his understanding that that was the proposal of
the City. Now there were three members of the City Commission there. I guess, only J.L.,
spoke to the Commission on the record. But, I can tell you that the Commissioners that I spoke
to and the former Manager understood that the City would only be able to do this after what we
call the crisis. So, that's you know, that's the understanding that I had when I left there around
nine, nine -thirty at night.
Vice Chairman Plummer: Mr. Manager, how do you understand what is before us, today?
Mr. Garcia -Pedrosa: It is very simply a authorization for me to sign a joint participation
agreement. The operative language of which reads as follows:
... the County Section 108 loan guarantee shall be provided
that Parrot Jungle only until such time as the State of
Florida Financial Oversight Board, overseeing the City is
dissolved and the City can apply and substitute itself as
102 March 24, 1998
guarantor for a maximum of 80 percent of the County's
Section 108 loan guarantee. "
Then there is the language about subordination. But that is what you are being asked to approve
as the condition, the trigger if you will for our substituting ourselves.
Vice Chairman Plummer: And how do you feel if the City were to adopt this? You feel
comfortable with it?
Mr. Garcia -Pedrosa: Yes, sir. By that time, we will have a very different situation. The
transaction will be much more mature. We will have some history. Hopefully, you know, the
matter will be in a completely different posture.
Vice Chairman Plummer: OK. Mr. Gort.
Commissioner Teele: Mr. Chairman.
Commissioner Gort: My question is...
Commissioner Teele: Oh.
Commissioner Gort: ... what Commissioner Teele has been saying all along. Is there a cap in
the 108 loans that we get every year?
Mr. Garcia -Pedrosa: Yes.
Commissioner Gort: Is there a cap on how much we can borrow or we can secure?
Mr. Garcia -Pedrosa: There is a limit to our capacity.
Commissioner Gort: How will this affect the future 108 loans if we do this?
Mr. Garcia -Pedrosa: No. The capacity is in the fifty something million dollar range?
Unidentified Speaker: Sixty five million dollar ($65,000,000).
Mr. Garcia -Pedrosa: Sixty-five million dollar ($65,000,000). The loan is for twenty-five.
Eighty percent.
Commissioner Regalado: Twenty-eight.
Mr. Garcia -Pedrosa: But the question then becomes what other things are on our plate, three,
four years from now.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I certainly want to be on record, notwithstanding my
strong view that the business entities to whom the 108 was designed to be available to just
cannot seem to gain entry. And, I think a part of the challenge that I have and this Commission
has is to go out in our districts and find entrepreneurs who can meet the requirements and bring
them to the table. Because, obviously, the requirements, the financial, the legal and just the
know how requirements are, are a challenge. Notwithstanding that, clearly anything that's going
103 March 24, 1998
to generate jobs and employment is something that I think that I think we should view positively.
My first question is, in line with what Commissioner Gort has raised, and that is, I want to be
very clear and on the record as to what is the existing capacity of the 108 for the City of Miami
based upon the budget process that is now underway in Washington? And specifically, how
many 108's do we have outstanding? Are they all performing, and specifically how many 108's
are in the pipe line?
Mr. Ed Blanco (Community Development Project Supervisor /Community Development):
Commissioner, Ed Blanco with Community Development. We have a commitment currently
outstanding of twenty-five... twenty-five million dollars ($25,000,000), and we have only one
108 that's in the pipeline right now for the amount of one million dollars ($1,000,000). There is
another 108 that's about to be dispersed probably within the next two months, that is the
Wynwood Free Trade Zone which will be asking for their five point five million dollar
($5,500,000) 108 which was approved many years ago.
Commissioner Teele: That's a part of the twenty-five million outstanding?
Mr. Blanco: That's correct, sir. That's correct.
Vice Chairman Plummer: When you say the pipeline, didn't we indicate...? To me, in the
pipeline means it's in the works but not there?
Mr. Blanco: It's being... An application is being developed, right now. It has not come before
the Commission for approval.
Vice Chairman Plummer: Did we not talk about a 108 at Southwest 8th Street and 2nd Avenue?
Ms. Linda Kearson (Assistant City Attorney): It's gone.
Mr. Blanco: Yes, sir, that was the 108 that was approved, but the application was rescinded.
Ms. Kearson: They withdrew it.
Mr. Blanco: There was a problem with the Davis -Bacon issue, and the application was
rescinded.
Ms. Kearson: They withdrew it.
Vice Chairman Plummer: Nobody told me.
Commissioner Teele: There was a problem with what?
Mr. Blanco: The Davis -Bacon issue in the construction. Because the construction began...
Commissioner Teele: I understand Davis -Bacon.
Vice Chairman Plummer: Well, can I ask a dumb question? Why wasn't I informed? Why
wasn't members of the Commission informed? See, I am sitting here thinking that was a done
deal. You say, uh-uh. Uh-uh, don't tell me. I mean, it would seem like to me, that the
administration... Mr. Manager, would keep me among the well informed, if not the new
Manager will. All right, now another...
Commissioner Gort: Question.
104 March 24, 1998
Vice Chairman Plummer: Well, excuse me, if I may? I see, Mr. Hallow sitting here.
Commissioner Teele: But, Commissioner, I mean. I yield for the purpose of you clarifying that
issue.
Vice Chairman Plummer: Sure.
Commissioner Teele: I am trying to... before we start going to different issues. I am really
trying to understand, because they answered the question and said sixty-five million dollars
($65,000,000). And, I am trying to understand what the sixty-five million dollars ($65,000,000)
represents. Because I have been here just long enough to know if you don't ask the right
question, you are not going to get the right answer.
Vice Chairman Plummer: I understand that.
Commissioner Teele: Nobody volunteers the right answers.
Vice Chairman Plummer: What? Did, Mr. Hallow have an application in for a 108.
Mr. Blanco: No, sir. That was a float loan.
Commissioner Teele: CD (Community Development) float.
Ms. Kearson: No, that's the CD float.
Vice Chairman Plummer: A float loan?
Ms. Kearson: It's a float.
Vice Chairman Plummer: OK, all right.
Mr. Garcia -Pedrosa: Yeah, but hold on. Before we lose the point, I think what you are trying to
get at, Commissioner Plummer is, that some of these loans have not been funded. Maybe, that's
what he means when he says in the pipeline.
Mr. Blanco: That's correct. That's correct.
Mr. Garcia -Pedrosa: to understand that.
Vice Chairman Plummer: Well, I asked what do you mean by the pipeline? To me, it's in the
works.
Mr. Garcia -Pedrosa: I think he means that those funds, that those loans have not been funded.
Mr. Blanco: That's correct. There are several...
Vice Chairman Plummer: Well, sir, if a man withdraws his application, I sure hope it won't be
funded.
Mr. Garcia -Pedrosa: In addition, there are two loans in default which we discussed before.
Commissioner Teele asked us about that in either the last meeting or the meeting before that and
we gave him a schedule. So all of that is part of the twenty-five million.
Vice Chairman Plummer: OK.
105 March 24, 1998
Commissioner Teele: OK, if I may?
Vice Chairman Plummer: Surely.
Commissioner Teele: Now, based upon the twenty-five million dollars ($25,000,000) that's
outstanding, and how much is in the pipeline? One million?
Mr. Blanco: There is one million, Commissioner.
Commissioner Teele: OK. The total capacity that the City has independent of that is how much
money?
Mr. Blanco: It's about sixty-five million dollars ($65,000,000).
Commissioner Teele: OK. So, sixty-five million dollars ($65,000,000) is the total capacity.
Now the question that was asked was how much CB...? How much 108 capacity do we have?
So let me ask the question a different way, it wasn't my question, somebody else asked it, to see
if I can get a different answer. Based upon the amount of loans that are outstanding, how much
capacity, remaining capacity...? Is that the operative word here?
Mr. Blanco: I guess it's sixty-five million minus the twenty-five million we have committed.
Commissioner Teele: OK, so just tell me what the number is? I am not good in math either.
Ms. Kearson: Forty.
Mr. Blanco: Forty, Commissioner.
Commissioner Teele: OK. So, the answer to the question is... No, hold it, Mr. Manager. The
answer to the original question, because the question is, what percentage does this loan represent
of the outstanding capacity? Not, what does it represent of the authority. And so, the answer is,
forty million dollars ($40,000,000). And, this loan is how much?
Mr. Garcia -Pedrosa: Twenty-five.
Mr. Blanco: Twenty-five.
Mr. Garcia -Pedrosa: Thirty percent of twenty-five which is twenty million dollars
($20,000,000). It represents... If it were done today, it will be 50 percent of the remaining
capacity.
Commissioner Teele: OK, so that's all that I... I mean, I am going to support this thing, OK, if
there are some provisions here that are to my liking. But I don't think we ought to mislead the
public. It's all right to mislead the Commission, I guess, but I don't think we ought to mislead
the public. This loan represents substantially, 50 percent or more of the total outstanding
remaining capacity. Because you see, twenty million dollars ($20,000,000) against sixty-five
million doesn't sound so bad. But twenty million dollars ($20,000,000) against forty million is
sort of a different story. Now, the question in my mind is, what type of agreements do we have
other than the federal requirements? Is there a First Source Hiring Agreement with this loan?
Mr. Blanco: Under the lease, Commissioner, the City's... the lease between Parrot Jungle and
the City of Miami, there is a First Source Hiring Agreement.
106 March 24, 1998
Commissioner Teele: Is that agreement similar an
Vice Chairman Plummer: That's mine.
Mr. Blanco: I believe so. I believe so, sir.
d
Ms. Kearson: I did not negotiate that lease agreement, but this First Source Hiring Agreement
requires that the City of Miami residents are giving... given first employment opportunities.
Commissioner Teele: Does it have the similar and same mechanisms? 1 mean, does it have
similar and same mechanisms for enforcement as the other agreement has?
Ms. Kearson: I have not seen the other agreement.
Commissioner Teele: Well, let me tell you.
Ms. Kearson: I can't respond to that, but I know what our enforcement...
Commissioner Teele: See, I have gone through every First Source Hiring Agreement and I can
tell you, these agreements are nothing but a piece of paper. Other than the one with, with..
because I started this with the Winn -Dixie thing.
Ms. Kearson: Uh-huh.
Commissioner Teele: There is no mechanism to monitor them. There is nobody monitoring
them. There is no money set aside to enforce them. The agreement, just for the record, with the
American Airline requires for at least forty thousand dollars ($40,000) annually...
Ms. Kearson: No.
Commissioner Teele: ... to be paid. Because I wrote it. I mean, with all due respect, to be paid
to enforce the agreement. Because these agreements are just there, but nobody enforces them.
And, I want to make sure that we have an agreement that is a very real agreement that gives the
City of Miami residents, in the case of the American Airlines Arena, it was a two -tiered
agreement. But let's have a one tiered agreement Citywide. But let's have an enforcement
mechanism on it. Let's just don't do something, because this is a very real commitment. We are
not doing a favor, I mean, by asking for a First Source Agreement. We owe it to the citizens. If
we are going to take up all of the capacity, 50 percent of the capacity of the 108 and give to
Parrot Jungle, then we ought to make sure that the people that are being hired are people that live
in the City of Miami. And Mr. Manager, I don't... I want like for someone to tell me that we
have a very real agreement that has teeth in this agreement.
Mr. Garcia -Pedrosa: Commissioner, I am told by my staff that the lease in question was
executed in September prior to your arrival and prior to the consequent drafting of your language
in the American Airlines Agreement that as you say gives teeth to the code provisions. So this
agreement has the First Source Hiring requirement, but it does not have those other mechanisms.
Commissioner Teele: Well, I don't... I would like to get Dr. Levine. I don't... He's an
honorable man, and a man who has done a lot of good, and he's certainly has shown a lot of
community responsiveness. He lets children come in sometimes and they pay discounts and he
works with the school system and all those things. I have not had the pleasure of working with
him at all directly or indirectly.
107 March 24, 1998
Vice Chairman Plummer: And he'd like you to be the Easter bunny two weeks from now.
Commissioner Teele: Yeah, yeah. What's up doc?
Commissioner Teele: But I really do think that we ought to ask Dr. Levine if he could live with
an agreement that has for an enforcement mechanism, at least for the first, through the
construction in the first two years of it.
Vice Chairman Plummer: Dr. Levine, would you come to the microphone? You can bring your
lawyer with you if you want to. For the record, please, state your name and mailing address.
Mr. Bern Levine: Bern Levine, 11000 Southwest 57th Avenue.
Vice Chairman Plummer: You've heard the question of Commissioner Teele, would you like to
respond to it?
Mr. Levine: Commissioner Teele, we have, in our construction phase, we have given to
minorities and promised at least 40 percent of all the construction will go to minorities. We
spent, and I know Linda Kearson spent a great deal of time working out this lease over a year,
and I think we tried to abide by each and every part of this that the City required at the time. We
are going to need quite a few employees, 240 employees. It's obviously much easier for us to
hire those who are close by. We let thousands of school kids in for free. We let thousand of kids
in at a discount. We are going to have an educational program that will teach horticulture. Some
food service, some landscaping...
Vice Chairman Plummer: Let's speak to the First Source Hiring Agreement was his question.
Mr. Levine: The question is, we have already... We are going to hire within the City of Miami.
Vice Chairman Plummer: Commissioner Teele.
Commissioner Teele: Dr. Levine, I am grateful for whatever commitments you've made to
minority businesses and women businesses and others. But my issue has nothing to do with any
of those, it has to do really with the global issue that we are moving from welfare to work. The
fact that the City of Miami is the... has one of the highest poverty rates, highest unemployment
rates of any municipality in the United States. What I am simply asking, would it be a burden to
you, if we were to place the additional requirement on the 108 in a modified First Source Hiring
Agreement comparable to the agreement entered into relating to the Arena be placed there that
would be Citywide, one tier, and that there would be enforcement mechanisms which essentially,
when we get down to the fact is, we would require that you provide us with a staffing that would
enforce this agreement through the construction in the first two years of operation.
Mr. Levine: Ah, well, Commissioner, I can't commit to say that we are going to accept
something, and I have no earthly idea in what it says, and I am sure it's encumbering. But I will
commit that we... we will have somebody on our staff that will definitely try to enforce this. Is
that what you are asking?
Commissioner Teele: No. What I am prepared to do is move forward, Dr. Levine. Is it Levine
or Levine?
Mr. Levine: Levine, Levine...
Commissioner Teele: Dr. Levine. I am prepared to move forward with the majority of the
colleagues with the proviso that the language will be forwarded to you and your staff and if it's
108 March 24, 1998
not acceptable to you that I'll reserve the right to bring the matter back. I think you need to be
very, very clear that we are talking about essentially, the City, not immediately but somewhere in
the future is saying we are going to commit 50 percent of all of the 108 capacity. That means
there are no businesses in Little Havana or Little Haiti or Overtown or anywhere that's going to
have access to this twenty million dollars ($20,000,000) which is a very preferable rate of
money. These funds were really designed, in my judgment, to remove and to address poverty. If
we... If you are going to the most pristine island, one of the most valuable pieces of land in all of
the United States, Watson Island, it's very hard to make an intelligent argument that what we are
doing is removing slum and blight and economic deterioration. Now, the comp... the parallel to
that, is that at least you need to make a very strong statement that you are going to work with us
in addressing unemployment in the areas on the mainland here. And the way I would be
comfortable with you doing that, and certainly you may come up with more, more acceptable
ways, and I would defer to your good judgment. But the best and the easiest way to do that is to
work with us in ensuring that a First Source Hiring Agreement that has teeth, that has an
enforcement, an enforcement in which is a part of the grant activity or part of the activity that
would flow with that is being done, because we have a very real problem. And I am telling you,
I don't think the public understands that come October 1st, a lot of people Bern that are getting
government checks are not going to get checks. And that maybe all right, but those people will
not be able to get checks nor will they be able to get jobs. And so we have got to work...
Mr. Levine: Commissioner...
Commissioner Teele: ... right now to work to make businesses like your own sensitive to the
fact that we need your help.
Mr. Levine: Commissioner, absolutely. And this loan is predicated that we are going to hire
jobs. And that's what the whole loan is based upon to begin with. And we have promised that
we are going to hire over the next ten years 600 people. But at least when we open up 240 or
250. So I think that's the basis of the 108 to begin with. We have not only committed...
Commissioner Teele: And all I am saying to you, sir, is that it's fine for you to hire 600 people,
but it doesn't do the City of Miami any good if they come from Pinecrest, or they come from...
there goes the Pinecrest vote, or if they come from Davie...
Vice Chairman Plummer: Yeah, I want to see that one.
Commissioner Teele: ... and Hallandale and whatever. What I am saying is, this is a City of
Miami's 108 capacity generated based upon the poverty and the density of poverty in the City of
Miami. And, what I am seeking is a very clear statement, and a very clear memorialized
statement. Something that could be enforced four years from now, two years from now, ten
years from now, that your First Source Hiring for those persons that are eligible and competent
to do the job, I am not talking about your veterinarians, and this. But your First Source Hiring of
eligible jobs will not be, you know, you know Art Teele's wife's brother. But someone who
lives in the City of Miami and someone who is able to do the job.
Mr. Levine: Commissioner, you have my word that I will do that, and if you would like to
forward us some wording that we... that will be acceptable, I'll be happy to sit down and try to
work out something.
Commissioner Teele: I would only ask that the Manager or the Attorney forward to you the
agreement that has been entered into to by the American Airlines Partnership or The Heat
Partnership and see if that's acceptable. But I am very pleased to support you today and I think
this community needs the kind of job creation that you are going to do.
109 March 24, 1998
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Let me give you a suggestion. We have a WAGES (Work and Gaines
Economic Self -Sufficiency) Program where are a lot of people are being trained to be hired by
the private sector. You can get in touch with them, at the same time all the target arcas that
receive CDBG (Community Development Block Grant) funds, their NET (Neighborhood Jobs
Enhancement Program) Office have an employment office too, so whoever is in charge of your
hiring can talk to this individual and make sure that they receive the type of training that you can
accept them later on, so it will be to your convenience to you, to have your personnel staff get
together with our NET people and the people in charge of the WAGES Program.
Vice Chairman Plummer: I would assume, Mr. Goenaga, you would like to impart some words
of wisdom?
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Chairman Plummer: Turn the clock on.
Mr. Gonzalez-Goenaga: To share the concern of Mr. Teele, and to balance the situation of Mr.
Levine in the hiring people of the City of Miami, I make the proposal that since I saw some
parrots voting during the last election, these are smart animals, and I tell you, I have been there
many times. Smarter than many of the employees of the City of Miami, you can rest assured and
some of these Commissioners.
Vice Chairman Plummer: Would you address the issue, please?
Mr. Gonzalez-Goenaga: And the issue is, that we should consider as employment the parrots
because they will be living in Miami, and I... hopefully, that they will go to the polls in the year
2001. Thank you, very much.
Commissioner Teele: Mr. Chairman, one final...
Mr. Gonzalez-Goenaga: I hope you get my, my...
Vice Chairman Plummer: No, I didn't understand that at all. Mr. Teele.
Commissioner Teele: What is the time period, Mr. Manager, that it would be assumed...?
What's the time period that the City's obligation to come forward and what is the nature of the
City's obligation? Is the day the Oversight Board dissolved...? Does that trigger that we have to
come forward and does the Commission still have the discretion and the flexibility on that issue?
Mr. Garcia -Pedrosa: Well, the way we proposed the joint partnership agreement to read, and as
you know, the County has not signed off on this language. The trigger would be the date of the
solution, and I'll defer to the lawyer on the legal question of whether at that point you can, in
essence change that, or whether that's a binding contractual obligation.
Commissioner Teele: Wait a minute. Say that again.
Vice Chairman Plummer: Say... Yeah.
Mr. Garcia -Pedrosa: We will enter into a contract with the County, if you... if the County were
to sign off on this language which they have not done yet. The language is the language that I
read, and that language says that we substitute ourselves...
110 March 24, 1998
Vice Chairman Plummer: Today.
Mr. Garcia -Pedrosa: ...as guarantors...
Vice Chairman Plummer: See, that's what I didn't understand.
Commissioner Teele: No, that's not... that's not what was stated previously. That...
Vice Chairman Plummer: Well, you see, that's the point. What I understood, and I am not
saying that I... verbatim. But it was my understanding it would no... be no sonnet than the env vi
the Oversight Board. And as it was said on the record, it could be ten years from today, or
twelve years from today. But that when the City was financially viable...
Commissioner Regalado: That's the wording.
Vice Chairman Plummer: ... they would assume up to 80 percent of the loan. So, Mr. Manager,
I... I don't know where the understanding came from. It surely was not my understanding that
that's the way... You know, they had many propositions that day, so...
Commissioner Teele: Mr. Chairman, I think it is...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I think it's a grievous error for this Commission to try to obligate a
succeeding Commission at this point in time. I mean, I have no problems of saying that at that
point in time the Commission will undertake a review to relieve the City, the County of that. I
have no problem saying that based upon the economic conditions now, that it would our intent to
recommend that or whatever. But... but in effect to enter into a contract, and we are signing
first? I mean, why would we sign an agreement like that first? Why wouldn't the...?
Vice Chairman Plummer: Well, the reason for it, Mr. Teele, is simply the fact that they came out
with so many different ideas. Each Commissioner seemed to have his own idea of ho',\ this
should be written. And I think that what the Manager has tried to do is to come down to a
consensus of bringing together something that may or may not fly. I... I very, very remember of
the statement that said ..." when the City is viable. When would that be." And the answer from
one of them was, it may not be for the duration of the loan. But it was fully understood that it
was when the City was financially able it would assume up to 80 percent.
Commissioner Regalado: You know, J.L., that we will resolve that if we asked for the minutes
of that night.
Vice Chairman Plummer: Well...
Commissioner Regalado: You spoke, and those words were said as you just said it. I remember
that one of the Commissioners, I think it was, either Commissioner Milan who said that or
Commissioner Alonso who said, "you know it will take the duration of the loan."
Vice Chairman Plummer: It could be.
Commissioner Regalado: That, that was said when Dr. Levine was here, too.
Vice Chairman Plummer: Well, let me tell you what I would...
Commissioner Teele: Mr. Chairman, let me say this.
ill March 24, 1998
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: And we'll get back into this later on this evening. This is not an
announcement but it clearly is a statement that we have been saying for sometime to the
Manager and to the public. As Chairman of the CRA (Community Redevelopment Agency), we
are proposing an adjustment in the boundary of the CRA. One of the adjustments that I am
preparing to move forward for a recommendation by this Commission is that the boundary
would include Watson Island, all of Watson Island. That boundary recommendation would
come forward if we are successful in our legislative effort within the next 30 days. I will say
right here and now that if we are able to move the tax increment district legislation through that I
for one would be prepared to enter into the commitment now, on behalf of the 108. Because in
effect what we are saying is that the sales tax revenues of the Parrot Jungle would go into the tax
increment district, and I don't want... Bernie, I have said this to you privately, I want to say it
publicly, I am not playing a game here. This legislation is that important in terms of the future
redevelopment of Overtown and Park -west and what I propose to be the... the island. But I think,
without a clear revenue stream, and you know, this Commission does a great job of spending
money, and I have been here now, I have seen, you know, the money get spent. But, when it
comes time to raise money, I am very uncomfortable... I am very uncomfortable moving
forward with that kind of language which in effect is a contract. It's a contract to... I mean, it's
really bad public policy to enter into a contract like that because what it does is, it binds the next
Commission and the next Commission and the next Commission. But this is an important
project. But I think we have got a lot more work to do on this. I think someone needs to review
the transcript and the tape of what was said, a transcript needs to be pulled. But I for one do not
think that this City Commission should enter into a contract that on the day... Because I got to
tell you something. I think that is a statement of... as Ronald Reagan would say, "there you go
again." I mean, if we are saying now, we don't have the power and the ability to do this 108 on
our own because it is going to raise so many questions about the capacity and all of that. Why in
the name of goodness would be publicly say here while we are still under the Oversight Board,
as soon as we can get rid of these guys and ladies, we are going to go back and do the same thing
again. So I think we are sending the wrong signal. On the other hand, I want to support this, and
if we were to adjust the CRA, get the funding, and we are going to know this within the next 30
days. It's either going to happen or it's not going to happen in this session. I think we'll be in a
much better position to move forward. So...
Vice Chairman Plummer: Mr. City Manager.
Ms. Kearson: Mr. Chairman.
Vice Chairman Plummer: Miss... Excuse me. Madam City Attorney.
Ms. Kearson: In addition to that, I would make sure that we contact HUD (Department of
Housing and Urban Development) to be certain that this type of takeout is permissible. That is
crucial. I think that Administration has been in contact with the department, we have not
received a definitive answer as to whether we can do this. I think that is crucial that we get that
information.
Vice Chairman Plummer: Let me ask you a question. You know, we are all suffering because of
Pan American, OK? That's really the problem, because Pan American had a 108. God only
knows now, the County is going to be smarting for a while. They did it in good faith. If I was
sitting there, I probably would have done the same thing. But that has set off all the bells and all
the red flags of 108's. Now, Mr. Manager, would it be conceivable that if my memory is not
totally gone, that we could alter this motion to say what I think they said and send that to them
assuming it can be in concert with what the tapes would show? That says that this 108 would be
112 March 24, 1998
assumed up to 80 percent by the City, as soon as we are financially viable. Can we change the
wording in this today, to that kind of wording and send it to the County?
Mr. Garcia -Pedrosa: Well, I guess the answer is yes, you can change the wording. But I would
caution you against doing that because there is an issue there.
Vice Chairman Plummer: What is the downfall there?
Mr. Garcia -Pedrosa: The differing interpretations of when the City is financially capable.
Vice Chairman Plummer: Sir, it's what they said. When they themselves said, "when the City
was financially viable."
Mr. Garcia -Pedrosa: Yeah, but what does that mean?
Vice Chairman Plummer: I don't know, ask them. They said it.
Mr. Garcia -Pedrosa: OK, but I don't want us to enter into.
Vice Chairman Plummer: Excuse me. What is the downside: of that loi uN.
Mr. Garcia -Pedrosa: OK, the down...
Vice Chairman Plummer: They agree that we will agree to the 80 percent when we are
financially viable. What, what? I don't see any downside to us.
Mr. Garcia -Pedrosa: I think the downside, Commissioner is, that a court in the future might
determine that we have to assume this loan at a time when we don't think we should or really
can. And let me give you an example of that. The first draft that I got from then County
Manager Vidal on this issue, had different language. The language, the trigger language was,
whenever the City has the capacity to apply for the loan. And as we just went through with
Commissioner Teele, that means today. So I don't want to put the City in a position where we
are arguing tomorrow...
Vice Chairman Plummer: Well...
Mr. Garcia -Pedrosa: ... about assuming the guarantee on a twenty million dollar ($20,000,000)
loan.
Vice Chairman Plummer: Sir, the reason that wording was there, was this gentleman who said
that the City did not want to go beyond what percentage of its liability on a 108. Was it not you
who made that statement before...?
Mr. Blanco: Well, Commissioner, the statement that I made to them was, that all the 108's that
we had approved, that the County was aware of were approved prior to November of 1996
before the advent of the financial crisis. As a result of that, the City had taken, the
Administration a policy that it would be prudent not to consider any future 108's as long as we
have a financial crisis. That's what I stated.
Vice Chairman Plummer: OK. Now, Mr. Manager, you know, I am up to here. I mean, not... I
am not finding fault with you, you are a new boy on the block. But, sir, we are playing down a
path that we are going to lose the Parrot Jungle. We are going to lose it. Now, I am just trying
to get us off of the dead nickel. And, I am asking my colleagues, the colleagues of the County,
whoever we can get to bring this thing to some kind of a conclusion. As the days run on, the
skies are getting darker and darker. And I don't want to lose it.
113 March 24, 1998
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: You are looking at the guy who five years ago went and begged this
man, don't go to Hollywood, come to Watson Island. He thought I was crazy then, he probably
thinks I am even crazier now. But, Mr. Manager, we can't continue to do business this way. Mr.
Teele.
Commissioner Teele: Mr. Chairman. I fully agree that we cannot continue to do business this
way. This matter should have gone before the Dade County Commission which has initiated this
procedurally first. Now, Mr. Manager, you are an attorney, you know, with all due respect.
They are the ones that are doing this deal, we are basically providing a guarantee. Now, I mean,
I have no problem with us providing language and all of that. But we don't need to argue about
six different Commissioners over there and the fact that Pan Am may or may not default on their
108. Well, I have got news for you. We are probably going to have a 108 default within the
next 30 days too, you know, if you want to...
Vice Chairman Plummer: Beautiful.
Commissioner Teele: You now, if you want to hear some good news. So rushing ahead of the
Pan Am crisis doesn't solve anything. And by the way, Mr. Manager, there is a balloon on our
108 of about four hundred thousand dollars ($400,000) that I haven't been able to find out where
it's on anybody's books, because the guy who says that he owes it says the way his agreement is
written, he doesn't pay the four hundred thousand until next year. So there's another four
hundred thousand dollars ($400,000) that's missing in this equation. What we need to do is be
prudent and be prudent business people in the context of what Commissioner Plummer is saying.
Dr. Levine has been induced to come here, it was a close call. He thought about going to
Hollywood. There are a lot of reasons. The last time I saw The Miami Herald, 50,000 other
people had the same thought, and did it, and left the County line and went over to Broward
County. And we are in a real competition to try to keep quality businesses like Parrot Jungle.
But I really do believe that there is a way to go through this, and I have said repeatedly, I want to
do this deal. But I think, number one, it is the County deal today, and nothing will change that.
We cannot do this deal today. The first thing we ought to do is get the County to sign off on this
deal and to send it over to us so that we don't play ping-pong. And we need to be very clear, not
with a lot of lobbyists per se, but with the Manager's staff needs to go over there and explain to
the County what it is we can do and what we can't do and our attorneys. It is inappropriate for
us to oblige the next Commission to have to take this loan out particularly if you don't have a
preclearance of HUD. Now, let me just ask the question, Mr. Manager, and I think you need to
get on the record. Has HUD precleared this deal for the City of Miami? Has this matter been
sent to the Regional HUD Office? Now, we are in the midst of audits, we are in the midst of
audit discrepancies. We have got all kinds of people breathing down our back right now. And
has this matter been precleared by HUD?
Mr. Garcia -Pedrosa: Well, I am told that the County has asked HUD for that clearance and has
not yet obtained it.
Commissioner Teele: But, the City... I respect that. But the City's problcnis arc totally diffLrLut
from the County's problems. I mean, from an eligibility point of view, that's fine, but in terms of
the kinds of going back and forth, the expressions that HUD says about our capacity and our... I
just think we are little bit ahead of ourselves and I don't know why it's on the agenda now. Mr.
Manager?
Mr. Garcia -Pedrosa: It's on the agenda for the reason that Commissioner Plummer indicated
earlier, that between the confusion amongst County Commissioners and the change in the
114 March 24, 1998
administration at the County, we wanted to have a definition from the City as to what we are
prepared to do.
Vice Chairman Plummer: All right, you know, I...
Commissioner Teele: Well, I think, Commissioner Plummer had made it very clear, and I agree
with Commissioner Plummer. Let's pull the transcript. Let's pull the transcript. I trust the
Manager, I trust the Attorney.
Mr. Garcia -Pedrosa: But, the whole point I think is that the transcript wasn't clear.
Vice Chairman Plummer: Well, it's not only the transcript wasn't clear, the Commissioners
themselves on that particular day were almost in a debate with each other. And I want to remind
everybody that when I went down there and was invited to be there, not knowing why, there was
no talk whatsoever about the City picking up any aspect of this loan. It was an unspoken thing
that it was free, it was clear, and we were just there to say thank you. And that's where it
developed from there. And I remember at least five different opinions, and you know... Look,
all I want to do, I want to save this thing. I want to get off the nickel.
Commissioner Regalado: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Manager, what is the quickest way we can do something now?
Mr. Garcia -Pedrosa: Well, I guess the easiest way for you to proceed at this point, absent
approval of what we have put in front of you for all the reasons stated, would be to give me an
opportunity to talk to the new County Manager who has made an appointment.
Vice Chairman Plummer: Yes, we know him.
Mr. Garcia -Pedrosa: Yes. And see It we can't. reach Nonic \oo, lil.. 1
because I don't want to come back here in two weeks and have you say, what happened? The
concern I have is the very point you just made, Commissioner Plummer. And that is, he will
turn to his Commission which is not in agreement on this. And I am not sure whether we will be
able to resolve it, but perhaps, that's the easiest way to go right now.
Commissioner Regalado: Can I say something?
Vice Chairman Plummer: Well... Mr. Regalado.
Commissioner Regalado: I, I just want to say that I remember when we campaigned, I was not
in this Commission, but when the issue of the Parrot Jungle went to the polls, I campaigned on
the radio for it because I was told and I promised as a news commentator to the people of Miami
that we were going to have our first, major entertainment center in the City of Miami. That we
were going to employ people from our poor areas. That we were going to have an economic
impact of dozens of millions of dollars in the City. And, you know, I committed my credibility
as a news commentator to call the people of Miami to vote for this project. And, you know,
I'm... I was not the only one. Many people did that because we believed at that time that it was
a good project and the people of Miami approved that project. And, now we are here sitting,
saying that, you know, the County or... And, you know, I really respect Commissioner Teele
saying that we should be prudent and not place the next Commission with this burden. But, we,
today are discussing some legal issues that were put on us by other Commission. Now, the TCI
(Tele-communications Incorporated) cable, whatever contract was done in 1081
Vice Chairman Plummer: Careful, I was here.
115 March 24, 1998
Commissioner Regalado: Well, you are the only one. And, probably you vote against this, so...
Because... But, but, I really think that we should do something.
Vice Chairman Plummer: All right.
Commissioner Regalado: Because we have the philosophy of deferring...
Vice Chairman Plummer: Can I make a suggestion?
Commissioner Regalado: ... in this City, and I just hope...
Commissioner Teele: Before you make a suggestion.
Vice Chairman Plummer: Yes, sir. Mister...
Commissioner Teele: I just want to respond to Commissioner Regalado because I have great
respect... And Commissioner Regalado has done a tremendous job in trying to make this City
business friendly. But there was never a commitment... There was never a commitment, ever,
ever, ever until J.L. and Commissioner Gort and a few others walked into the ambush down at
County Hall. There was never a commitment that we would issue a 108 loan in the amount of
twenty million dollars ($20,000,000).
Commissioner Regalado: True. That's true. That's true.
Vice Chairman Plummer: You are absolutely right.
Commissioner Teele: OK, and I... With all due respect, I mean, Tomas, I don't think you
should, should, should convert the discussion about money...
Commissioner Regalado: No, I understand.
Commissioner Teele: ... into one of lack of resolve or commitment. I have said on the record, if
we are able to pass the kind of legislation that this City should have had on the tax increment
district, utilizing the sales tax, I'll be the first guy to say, let's take the money... Let's takL' it 1'1„11;
the City, we don't need to go through the County because we will have a guarantee on a way to
repay it if... But the problem becomes in a 108, what happens if you don't pay the money back?
Vice Chairman Plummer: The City is obligated.
Commissioner Teele: That's the question. What happens if you pay it back? You were here
when the Sennidale was built. The Sennidale is a great project. They just owe us three hundred
thousand dollars ($300,000)...
Vice Chairman Plummer: And, a lot of other stuff.
Commissioner Teele: ... you know, and so the point is this. And we are going to have to write a
check for that money this year, Mr. Manager or work with them to come up with another way to
fund it. And all that I am saying, we cannot afford to put the City in that kind of risk today.
Vice Chairman Plummer: I think the Chair would like to...
Commissioner Gort: Excuse me. I have been trying to get the...
116 March '24, 1 QQS
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: My understanding, that we were told... we told the County Commission
and J.L. expressed that, that we will not be able to take the subordination at this time.
Vice Chairman Plummer: No way.
Commissioner Gort: So what he is saying is... I think your message should be the motion that
J.L. wants to pass, and you should sit down with the new County Manager who is much in favor
of making sure that this project is done.
Vice Chairman Plummer: Huh, he's got a thing across the street. The Chair would like to
entertain a motion that our City Manager go in concert immediately with the County Manager
and try to come back with some workable agreement by the next Commission meeting.
Commissioner Teele: No, I so move, but with the understanding that we are going to have an
expression from the County Commission as to what it is they want. Because we don't need to
get into this ping-pong with Dr. Levine going hack and forth. We need to have the Manager,; to
agree and to get their various Commissions to agree.
Vice Chairman Plummer: And, then the wording should be, as soon as possible.
Commissioner Teele: As soon as possible.
Vice Chairman Plummer: All right. Now, that would be a deferment on item 24, City Attorney?
Ms. Kearson: Yes, sir.
Vice Chairman Plummer: OK, so we are deferring item 24. Now...
Commissioner Teele: Call the question.
Vice Chairman Plummer: All right, on the question on 24. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
117 March 24, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-309
A MOTION TO CONTINUE AGENDA ITEM 24 (AUTHORIZE CITY MANAGER
TO EXECUTE A JOINT PARTICIPATION AGREEMENT SETTING FORTH THE
CONDITIONS UNDER WHICH THE CITY OF MIAMI SHALL APPLY FOR A
USHUD SECTION 108 LOAN GUARANTEE TO REPLACE 80 PERCENT OF
MIAMI-DADE COUNTY'S SECTION 108 LOAN GUARANTEE); FURTHER
DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO CONSULT WITH
THE COUNTY MANAGER IN TRYING TO BRING BACK A WORKABLE
AGREEMENT WHICH WOULD REPLACE MIAMI-DADE COUNTY'S LOAN
GUARANTEE WITH A USHUD SECTION 108 LOAN GUARANTEE THAT THE
CITY WOULD APPLY FOR BY THE NEXT COMMISSION MEETING; FURTHER
URGING AN EXPRESSION OF SUPPORT BY MIAMI-DADE COUNTY
COMMISSION REGARDING SAME.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
24. CONTINUE CONSIDERATION OF AGENDA ITEM 25 (APPROVE
DEVELOPMENTAL PLANS FOR PARROT JUNGLE AND GARDENS OF
WATSON ISLAND) TO MEETING OF APRIL 14, 1998 AT 2 P.M. --
FURTHER DISCUSS POSSIBLE SUBORDINATION OF SAID LEASE
PAYMENTS.
Vice Chairman Plummer: Now what about 25? They want that deterred. Motion to defer item
25 by Gort, seconded by Regalado. Any further discussion?
Mr. Jose Garcia -Pedrosa (City Manager): Hold on.
Vice Chairman Plummer: Hold on.
Commissioner Teele: Hold on.
Mr. Garcia -Pedrosa: Do we want it advertised, readvertised, or can we save some money?
Ms. Linda Kearson, Esq. (Assistant City Attorney): Yeah, just continue until a date certain.
118 March 24, 1998
Mr. Garcia -Pedrosa: Yeah, so we don't have to readvertise.
Vice Chairman Plummer: For both 24 and 25, or just 25?
Mr. Garcia -Pedrosa: On 24, it doesn't matter.
Ms. Kearson: PZ-1 and 25.
Vice Chairman Plummer: I am talking about 25.
Mr. Garcia -Pedrosa: Twenty-five.
Vice Chairman Plummer: To a date a certain?
Mr. Garcia -Pedrosa: Right. So, we don't have to readvertise.
Vice Chairman Plummer: I am going to make it 'till, April the 14th. But, we can move it again,
if we have to from that date.
Ms. Kearson: Right. That's also, PZ-1 too, right?
Vice Chairman Plummer: But, at least we could have the opportunity if everything were to fall
into place. So, it's a date certain of April the 14th...
Mr. Garcia -Pedrosa: At?
Vice Chairman Plummer: .. at 2:00 p.m.
Commissioner Gort: Also...
Vice Chairman Plummer: Mr. Gort.
Mr. Garcia -Pedrosa: Hold on, hold on.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: When the CDBG (Community Development Block Grant) staff comes
back, I would like to find out why 108? What are the restrictions why some of the target areas
have not been able to utilize the 108? Because, I think that's one of the questions being asked in
here.
Vice Chairman Plummer: OK, but, that's a different item.
Commissioner Gort: We have the cap in there, it's been there for a long time, but people are not
applying for it.
Vice Chairman Plummer: OK.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I would also specifically request that either the motion or request to the
Manager, that a preclearance by HUD (Department of Housing and Urban Development) on this
119 March 24, 1998
matter be secured prior to it coming back to this Commission, as it relates to the subject matter,
as well as the subordination, and the language that we are talking about.
Vice Chairman Plummer: Motion understood. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: In opposition? Show unanimous.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-310
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 25 (APPROVE
DEVELOPMENTAL PLANS FOR PARROT JUNGLE AND GARDENS OF
WATSON ISLAND) TO THE CITY COMMISSION MEETING PRESENTLY
SCHEDULED FOR APRIL 14, 1998 AT 2:00 P.M., FURTHER DIRECTING THE
CITY MANAGER TO SECURE A PRE CLEARANCE WITH USHUD PRIOR TO
BRINGING SAID MATTER BACK BEFORE THE CITY COMMISSION, AS IT
RELATES TO AFOREMENTIONED SUBJECT MATTER.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
NOTE FOR THE RECORD: Commissioner Hernandez entered
the Chambers at 5:00 p.m.
Vice Chairman Plummer: This Commission is going to stand in adjournment for a true five
minutes. An American five minutes.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 5:00 P.M., AND RECONVENED AT 5:10 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION EXCEPT
FOR COMMISSIONER TEELE FOUND TO BE PRESENT.
120 March 24, 1998
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th 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 5:10 p.m. by Presiding Officer/Commissioner J. L.
Plummer, Jr. (hereinafter referred to as Vice Chairman Plummer), with the following members
of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Wifredo Gort (District 1)
Vice Chairman J.L. Plummer, Jr. (District 2)
Commissioner Humberto Hernandez (District 3)
Commissioner Tomas Regalado (District 4)
Jose Garcia -Pedrosa, City Manager
Joel E. Maxwell, Interim City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Arthur E. Teele, Jr. (District 5)
----------------------------------------------------------------------------------------------------------------
25. CONTINUE CONSIDERATION OF AGENDA ITEM PZ- l (PROPOSED
MAJOR USE SPECIAL PERMIT FOR PARROT JUNGLE AND GARDENS
OF WATSON ISLAND) TO MEETING OF APRIL 14, 1998 AT 2 P.M.
Vice Chairman Plummer: All right, we are on the PZ agenda.
Mr. Jose Garcia -Pedrosa (City Manager): Commissioner...
Vice Chairman Plummer: PZ-1. PZ-1 is 901 MacArthur Causeway.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning and Development): That's Parrot Jungle.
Mr. Garcia -Pedrosa: Commissioner, I think in light of your action a moment ago, on item
number 25. 1 think the applicant wanted to have PZ-1...
121 March 24, 1998
Vice Chairman Plummer:
There is a motion in order for the deferment of PZ-1...
Commissioner Regalado:
Second.
Mr. Garcia -Pedrosa: A continuation on PZ-1.
Vice Chairman Plummer:
... made by Regalado, seconded by Commissioner Hernandez.
Mr. Garcia -Pedrosa: It's not a deferment, it's a continuation.
Vice Chairman Plummer:
It's a continuation until...
Mr. Garcia -Pedrosa: Same time and date, April 14th at 2:00 p.m.
Ms. Slazyk: April 14th.
Vice Chairman Plummer:
April 14th at 2:00 p.m.
Commissioner Hernandez:
I have...
Vice Chairman Plummer:
Any further discussion?
Commissioner Hernandez:
No further discussion.
Commissioner Regalado:
Excuse me, April 14th is not a date for Zoning matters.
Vice Chairman Plummer:
We are going to do it just in case we can get it done.
Commissioner Regalado:
Oh, OK.
Vice Chairman Plummer:
They are in concert.
Commissioner Regalado:
All right.
Vice Chairman Plummer:
Are there any discussion? All in favor say "aye."
The Commission (Collectively):
Aye.
Vice Chairman Plummer:
Any opposition? Show it unanimous.
122 March 24, 1998
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-311
A MOTION TO CONTINUE CONSIDERATION OF AGENDA TTFM P7-1
(PROPOSED MAJOR USE SPECIAL PERMIT FOR THE PARROT JUNGLE AND
GARDENS PROJECT ON WATSON ISLAND) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR APRIL 14, 1998 AT 2 P.M.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
----------------------------------------------------------------------------------------------------------------
26. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2 (PROPOSED
MAJOR USE SPECIAL PERMIT FOR BAYSHORE PALMS PROJECT AT
1201 BRICKELL BAY DRIVE) TO MEETING OF APRIL 28, 1998 AT 6 P.M.
FURTHER ENSURE THAT TRAFFIC STUDY HAS BEEN DONE.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: PZ-2.
Commissioner Hernandez: Motion to defer.
Vice Chairman Plummer: Motion to defer. Is there a second?
Commissioner Regalado: Mr. Chairman. I would ask, Commissioner Hernandez to reconsider.
I think that....
Commissioner Hernandez: I am not going to reconsider this.
Commissioner Regalado: ... we can...
Commissioner Hernandez: I need professional courtesy on this one. I can't.
Vice Chairman Plummer: Excuse me. You can ask him to defer, and he can consider it, and it
depends of what happens. He has made a motion and there has to be a second. Now, that puts
me in a real bind, and I am going to tell you why. I have always said that when a constituent
asked for a deferment for more information that I would go for one deferment. Now, I hate to do
that because this is a very, very important project. Mr. Yatta, Just hold on a uiiiiute. 1 dill gonig
to ask... I am going to second the motion. I have to do it. I am sorry. I am not sorry, but I have
got to second the motion.
Mr. Joel E. Maxwell (Interim City Attorney): Excuse me.
123 March 24, 1998
Vice Chairman Plummer: It has always been the courtesy shown to me and I'll also show the
same courtesy.
Mr. Maxwell: Excuse me. You are chairing the meeting.
Vice Chairman Plummer: Oh, I can't second the motion?
Mr. Maxwell: Not without passing the gavel.
Vice Chairman Plummer: All rightee. Commissioner...
Mr. Jose Garcia -Pedrosa (City Manager): Before you second the motion, are we continuing or
are we deferring?
Vice Chairman Plummer: Well, I would assume continue.
Mr. Garcia -Pedrosa: Then you need a time and a date certain.
NOTE FOR THE RECORD: Commissioner Teele entered the
Chambers at 5:13 p.m.
Vice Chairman Plummer: OK, Commissioner Teele, on item two, item PZ-1 was, was
continued. Commissioner Hernandez has asked that PZ-2 likewise be continued. The problem
is, he wants more additional information. It's a very important project. If you don't wish to
second the motion, then I will relinquish the chair.
Commissioner Teele: Second what motion?
Vice Chairman Plummer: His motion is to continue to April the 14th nt ' -00 p m
Commissioner Teele: Is there opposition?
Vice Chairman Plummer: Oh, I am sure the opponent...
Commissioner Teele: Well, let me do this. I would like the second it for the purpose of
understanding if there is opposition and the nature and the quality of the opposition.
Vice Chairman Plummer: All right, sir, then... Well, that's fully in order. Just list first, if we
may. Those that are in opposition to PZ-2.
Commissioner Teele: No, opposition to the motion to defer.
Vice Chairman Plummer: Oh. Opposition to the motion to defer, please stand up. OK. I
assume most all of these are proponents. All right. Be seated. And those who would like to see
the deferment, stand up. All rightee. I declare a tie.
Ms. Judith Burke: That's the groom side.
Vice Chairman Plummer: Ah, OK. Now, Commissioner Teele, I don't know which that
accomplished, but...
124 March 24, 1998
Commissioner Teele: No, no. What I wanted to understand is from the maker of the motion,
because I think as a matter of professional courtesy, any Commissioner who needs more
information should be afforded that opportunity, I mean, under normal circumstances. And, I
just would like to understand what the nature of Commissioner Hernandez' request for the
deferral is. And, clearly, I mean, it's a very controversial issue and it's one that I was going to
ask if the City has its own, independent consultant involved in this. Because I am sure we are
going to hear experts on both sides of this. And, I mean, I will confess that I voted against the
blue and green diamond solely based upon the shadow that it would have created on Miami
Beach. It was reversed by the Third DCA (District Courts of Appeals) and they instructed us
to... that we had to hear it, and act on it. And based upon the whole issue of a shadow. And the
Third DCA said that the shadow was not appropriate, whatever their lone rational. But, but I just
would like to know from the Manager, do we have an independent consultant evaluating this
whole issue of the shadow?
Vice Chairman Plummer: Mr. Manager.
Mr. Garcia -Pedrosa: No, no, no more that the Urban Design and Development, Design Review
Board which is basically, functionally what acts in that capacity, but we don't have a separate,
independent consulting firm, no.
Commissioner Teele: Well, I would really hope that we could at the time this matter comes
back, that we could have... I mean, I know that these arguments get very shrilled and very heated
and debated. But, you know, there are statements such as it would have a chilling effect that I
have read in the newspaper on future development and all that based upon the shadow, and I
have no way of knowing. I am sure that the experts will be here saying there will be no shadow
at all, and someone else will make it look like... it will be a... what was that thing where the
planet came, the 4th of July or something, and the world...
Ms. Phil Yaffa: Independence Day.
Commissioner Teele: Independence Day. So, somewhere in between, I really hope that the
Manager can help us by getting some type of expert.
Vice Chairman Plummer: All right. Mr. Hernandez, I want to say to you, because let me tell
you what bothers me here. I am definitely voting for the continuance. This is the kind of
projects whether it's modified or not, that this community dearly needs. We are not sending a
good signal to future people that are sitting out there thinking about coming here I w ilcl hop ,
and I would pray that by the 28th of April, at 2:00 p.m., that all of the members of this
Commission will be fully ready to make a vote, OK? We now will call the question.
Commissioner Teele: Commissioner, Mr. Chairman.
Mr. Yaffa: Mr. Chairman, if I may?
Mr. Garcia -Pedrosa: April 28th or April 14th?
Vice Chairman Plummer: The 28th is next zoning.
Mr. Yaffa: Mr. Chairman, if I may?
Vice Chairman Plummer: No, sir.
Commissioner Teele: Mr. Chairman.
125 March 24, 1998
Vice Chairman Plummer: Yes, sir. Mr. Teele.
Commissioner Teele: I don't understand your comments. And I am really... I am naive in this.
I really don't... What are you saying?
Vice Chairman Plummer: What I am saying is, is that, if I was a developer standing out there
and I am thinking about coming in and putting millions of dollars into this community and I go
forth fully expecting to do what is normal then I would have to have some second thoughts,
that's all. Just like, you know, today, we have got to understand that one of the things that I am
going to be working with the new Manager is this one -stop through our Building Department. I
mean, I have people coming to me every day talking about the Building Department. You know,
the sign is that welfare should be as hard to get as a City of Miami roofing permit. I have looked
at that bumper sticker a little bit too long. I am just saying is, is that, Mr. Teele, I would hope
when this comes back that all of us will have the opportunity to fully discuss, fully understand,
exactly our point of view and that we will, we will make a decision on this item on the 28th. Mr.
Regalado.
Commissioner Regalado: I just want to say that I agree with Vice Chairman Plummer that what
we are looking for the City is what we always are deferring. You know, I was reading this report
to the Manager and the Mayor regarding the different projects that Svc h:ivL thr.t��h.
and I... and that project caught my eye because it says that the ad valorem tax revenues for the
City of Miami will be two million nine hundred fifty-two thousand sixty-five, fifty-nine dollars
($2,952,059.00). And one hundred and fifty-three thousand seven hundred and ninety-two
dollars ($153,792.00) to City miscellaneous and six hundred thousand for... to the City debt
service. -
Vice Chairman Plummer: Excuse me. Did you say two million in ad valorem?
Commissioner Regalado: Yeah. I said that. That's what...
Mr. Maxwell: Commissioner.
Commissioner Regalado: Santiago Jorge -Ventura estimates.
Vice Chairman Plummer: Huh?
Commissioner Regalado: Out of nine million four...
Mr. Garcia -Pedrosa: That must be for the whole tax bill.
Vice Chairman Plummer: Even 30 mils. Thirty mills is thirty-two thousand dollars ($32,000) a
million. How many million dollars is this proposed?
Ms. Judith Burke: The project is two hundred and forty-eight million. The annual...
Vice Chairman Plummer: So call it two hundred and fifty million.
Ms. Burke: The annual ad valorem taxes will be nine point five million dollars ($9,500,000) a
year.
Vice Chairman Plummer: Oh, OK. That's...
Commissioner Regalado: Out of... out of that.
126 March 24, 1998
Vice Chairman Plummer: That's...
Commissioner Regalado: So, I... What I see...
Commissioner Teele: That's the County... That's the total.
Commissioner Regalado: What I see on this project. What I see on this project is half of what
maybe the Administration will ask us to do to raise the garbage fee. And you know, L.
Commissioner Teele is willing to bring back the issue of the fire fee, and he is very entitled and
he will have the opportunity to try to convey the message that he wants to give. But I am still
going to vote no, because I cannot punish...
Commissioner Teele: This is a good project.
Commissioner Regalado: It is a good project.
Commissioner Teele: Why are you going to vote, no?
Commissioner Regalado: No, on the fire fee, I said. I am just putting you on notice on the fire
fee. But what I am... what I am saying is that, you know, yesterday... yesterday, I had to run
down and get the Manager because there was a developer in downtown who was trying to
continue work to open very soon, the Sports Authority store right across the Gusman, and I had
to call the Manager because this developer had his project stopped for three weeks because there
were some plans that were not approved. And whatever day he called, they said, you know, we
have not had the time, we will do it. Three weeks, they stopped the project. I mean, we have two
choices, it's either we do this kind of things or we put the fire fee on the people of Miami.
Vice Chairman Plummer: Fish or cut bait. Mr. Manager...
Commissioner Regalado: You know, I...
Vice Chairman Plummer: ... when you come back, I would ask please? There has been a
request of me by a very good looking lady and I hate to turn down good looking ladies request,
to make sure that there is a traffic study that has been done and will be fully explaining as to the
traffic conditions that will exist so that will be on the record when it comes back. OK, the item
is to be deferred. I am sorry...
Commissioner Gort: It's to be continued.
Vice Chairman Plummer: ... continued until April 28th at two o'clock. OK?
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I would hope that on that day we don't have any more than
five items for zoning. I don't think it makes sense. This is obviously going to be an important
discussion. It's obviously going to be one that has proponents and opponcutb 100kiiig at LhL;
crowd, and I would only ask the management to work with us and not have a full zoning agenda
on that day so that we can really give it a careful...
Vice Chairman Plummer: May I recommend to you sir, that we schedule it for six o'clock and
no other items after six o'clock, if you feel it's that important.
127 March 24, 1998
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: All right. Mr. Manager, you understand?
Mr. Garcia -Pedrosa: You mean to amend the motion, right.
Vice Chairman Plummer: Continued until April 28th at 6:00 p.m., and no other zoning items to
be... No other items to be scheduled for after six. That gives a full three hours, if necessary. Call
the roll, please.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 98-312
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2
(PROPOSED MAJOR USE SPECIAL PERMIT FOR THE BAYSHORE PALMS
PROJECT AT 1201 BRICKELL BAY DRIVE) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR APRIL 28, 1998 AT 6 P.M.; FURTHER
DIRECTING THE MANAGER TO SCHEDULE THIS ITEM AS THE LAST ITEM OF
THE AGENDA.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: Nonr.
ABSENT: None.
Vice Chairman Plummer: We will see you on the 28th.
Ms. Burke: Is it possible to ask, what kind of additional information Commissioner Hernandez
would like to see?
Vice Chairman Plummer: I would suggest that you contact, as you have already done with me,
Commissioner Hernandez and he will, I am sure without question tell you what he has in... what
he wants.
Ms. Burke: Thank you.
Vice Chairman Plummer: Thank you.
128 March 24, 1998
----------------------------------------------------------------------------------------------------------------
27. DENY APPEAL OF ZONING BOARD DECISION FOR CLASS I SPECIAL
PERMIT -- FOR DANCE HALL -- LOCATION: 6102-04 N.W. 7TH
AVENUE --APPLICANT: HENRY KENDRICK.
Vice Chairman Plummer: Item number 3. Item number three.
Commissioner Teele: Mr. Chairman, did we do the item on the regular agenda relating to the
transit station?
Vice Chairman Plummer: Transit station? I don't remember what the
Commissioner Teele: I am sorry, the bus shelter...
Vice Chairman Plummer: Yes, we did.
Commissioner Regalado: No, we didn't.
Mr. Jose Garcia -Pedrosa (City Manager): No, that was not. At the applicant's request, it was...
Vice Chairman Plummer: Oh, that was... No. That was 23?
Mr. Garcia -Pedrosa: That was withdrawn by the Manager.
Vice Chairman Plummer: That was withdrawn by the Manager.
Mr. Garcia -Pedrosa: At the applicant's request, until a later date.
Vice Chairman Plummer: All right, item three is 6102-04 Northwest 7th Avenue. It's for a
Class I -Special Permit, and this is an appeal of Zoning Board which gave a denial to allow a
dance... dance hall within the SD-1, Martin Luthur King Boulevard commercial district. Are all
parties who are ready to testify present? All parties including the lawyers who will testify raise
their hand and be sworn by the Clerk. Mr. Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Chairman Plummer: All right, Mr. Mason. Sam? I don't know which of you brought the
appeal.
Unidentified Speaker: ... the appellant.
Vice Chairman Plummer: You're the appellant? All right, then you go first.
Mr. Henry Kendrick: As you stated, we are trying to hope...
Vice Chairman Plummer: Now you will start off by giving us your name and mailing address
first, please?
129 March 24, 1998
Mr. Kendrick: OK. Henry Kendrick. My address is 1672 Northwest 116 Terrace, Miami, FL
33167. We, Harry and I, we are trying to overturn a denial.
Vice Chairman Plummer: Excuse me. Can I ask everybody over in this very noisy section to
either sit down... Teresita, por favor? Silencio. Thank you. Proceed.
Mr. Kendrick: I would like to overturn a denial by the appeal board...
Vice Chairman Plummer: No, three minutes is what they have.
Mr. Kendrick: ... concerning a dance hall at the Martin Luthur King building. We would... In
opening such a project we will employ twenty-five people for the community. We also had a
recent election at the Martin Luthur King building and the community voted and I was elected to
the board. I am now on the board. I serve as vice president. So the community clearly stated
that it was in favor of the project by overwhelmingly electing me. Also, came in third was
Harry. I second in the voting process. They... We would like to increase the workforce by 25.
We would go on record as saying, we would keep at least one -fifth of our employees as people
who are getting off welfare which would take place on October 1st. We also have a gentleman
here who personally went around the community, who is a resident, lives directly across the
street, went and got petition for it. He knows the community. He lives directly across the street.
Vice Chairman Plummer: All right, sir. Does that conclude your presentation?
Mr. Kendrick: For me, yes.
Vice Chairman Plummer: I am sorry?
Mr. Kendrick: For me. He would like to speak.
Vice Chairman Plummer: All right, sir. Your name, please.
Mr. Jefferey Everett: My name Jefferey Everett, 736 Northwest 61 Street. I am here because I
really want a dance hall for the teenagers. I think we should have somewhere for teenagers to go
into. To be at. And the dance hall, I am quite sure, is not going to be one, two o'clock in the
morning. I am quite sure of that. You know, it's going to be at 12 o'clock. It's generally for
teenagers. And I don't see no harm in that, so I think they should, you know, continue to do so,
you know.
Vice Chairman Plummer: Thank you, sir. Anybody else on your side? You will have rebuttal
time. Mr. Mason, for the record, your name and mailing address, please.
Mr. Sam Mason: Mr. Chairman, members of the board, Manager. Samuel Mason, 5524
Northwest 7th Avenue. Speaking against clank hall :it thL, 'MAI—tin I.uth(r Ki11c; I _ :.
Development Corporation. As a community person who have worked in that community over
20 years and worked very closely with this Commission and the City of Miami trying to make
Liberty City a place that will be accepted for all of our people. This kind of program would be
detrimental to our community. Our community is on record that they do not want this kind of
program in the area. We have worked through the years with the Police Department on a day to
day basis with community policing. We are working trying to turn our community around. We
spoke to several of our Commissioners and we have your support on the last time we spoke to
you about this issue. And our community is saying, if you want a good community, then give us
what we want, a safe community and let us control the kind of entertainment that we think would
be better for our community. This would be detrimental for our community and we are asking
you to deny this application.
130 March 24, 1998
Vice Chairman Plummer: Thank you, sir. Ma'am, do you wish to speak? Your name and
mailing address. You have two minutes.
Ms. Alberta Jenkins: My name is Alberta Jenkins. I reside at 749 Northwest 61st Street,
Apartment 5, Miami, Florida 33127. Ah... I am standing here to represent the community that
has an opposition for the dance hall. For instance, one example, the illustrious Mayor, I mean,
from Dade County invited me last month to cut a ribbon to a training center and we had 23
graduates for the 21st Century for computers. That will be next door to this dance hall, and I can
see the detriment of being broken in at night when they... The young man means well. He is an
interpreter... I mean, an entrepreneur, and I am not the enemy, but I just say the zoning is wrong
for that and would be around an apartment building, and the entrance to that building that they
want a dance hall will be approximately three compact sized cars from my tenants' windows.
And we also have the Regency Program that was doing something at night for seniors and that
would be detrimental also. And, what the main thing... This is at the City Manager. City
Manager, listen to this. I had five entrepreneurs say, if it come, they will go to Broward County.
They are willing to put it in writing. And I just met with a... A union is coming in there and is
going to hire 20 people. I met with him yesterday, and I got the people constructing. Thank
you.
Vice Chairman Plummer: Thank you, ma'am. Sir, your name, mailing address and you have
two minutes.
Mr. Wayne Rawlins: Wayne Rawlins, 6161 Northwest 9th Avenue. Commissioners and City
Manager, I am the executive director of Weed and Seed. We represent ten federal, state, and
local law enforcement agencies and 72 social and economic agencies. working with the recidentc
of Liberty City, Model City to revitalize the community. We vehemently oppose in... the
zoning for a dance hall on the Martin Luthur King commercial district. One of the major
problems in revitalization of the Liberty City, Model City area is the degradation of morality and
this dance hall in an area that has historically had dance halls that have contributed to the
violence and the crime in the area and the moral degradation. We would anticipate and logically
see that this dance hall would also contribute the same way. So we do ask you to oppose zoning
it for a dance hall. Thank you, very much.
Vice Chairman Plummer: Thank you, sir. Mr. Kendrick, you have two minutes for rebuttal.
Excuse me, Mr. Gort has a question, sir.
Commissioner Gort: No. Is anyone from the NET (Neighborhood Enhancement Team) going to
speak on item item, or... from the NET Office? My understanding is, the last time...
Vice Chairman Plummer: Well, let's, let's get...
Commissioner Gort: The last time this was deferred...
Vice Chairman Plummer: OK, let's get their rebuttal and then we will go to NET
(Neighborhood Enhancement Team). All right, Mr. Kendrick you have two minutes of rebuttal.
Mr. Kendrick: We heard the issue of security the last time we was here. The Chairman at that
time, Commissioner Hernandez recommended that we meet with the Police Department.
Unfortunately, there was a major appointed to the 62nd Station. We did meet, and his... What
he said to me in the meeting was, he was neutral on it, but he guaranteed us off -duty officers to
patrol outside and if we wanted their presence that would be provided, also. As far as previous
dance halls, we would step forward with our own character. At age 34, with many riots in this
community and violence I have never been arrested. Never has my nephew, so I think that
131 March 24, 1998
speaks for itself. We are here going through the proper system not because we are criminals, but
because we believe in the system and we stand proud.
Vice Chairman Plummer: Thank you, sir. We will close the public hearing. Excuse me. Is
there anyone else in the public who wishes to be heard? We will close the public hearing. We
will ask the NET officer to please...
Mr. Roger Ellison: I would like speak.
Vice Chairman Plummer: I am sorry, sir.
Mr. Ellison: My name is Roger Ellison. I reside at 9205...
Vice Chairman Plummer: Were you sworn in, sir?
Mr. Ellison: Yes, I was.
Vice Chairman Plummer: I just want to speak on behalf of the project at the MLK Economic
Development Center. I want to say that economically this club, dance hall for young teenagers
will bring nice business into the area. Once again, it's for teenagers and no alcoholic beverages
will be sold there. In that area, there are a lot of teenagers. Where are they to go? To Miami
Beach, out on the Beach for a club life? No. We want to keep one inside the community and
with the dollars employ, up to 25 members of the community and keep our entertainment there,
not outside but inside.
Vice Chairman Plummer: Thank you, sir. Now close the public hearing, and ask the NET
officer for comments.
Ms. Karen Copeland Cooper (Administrator/Model City NET): Karen Copeland Cooper,
Administrator - Model City Neighborhood Enhancement Team. All communications and/or
correspondence that the NET office has received have all been non -supportive for this particular
dance hall. And it has primarily been baNed oil Lhe fa,-;< alai, a6 aLdLc.i i,y 1`iwi,,,i�, kiluaa
that were previously there, they brought about a lot of negative connotations to the area and they
just do not want it back.
Vice Chairman Plummer: Thank you, ma'am. Commissioners, discussion. If not,
Commissioner Teele to close and make a motion.
Commissioner Teele: Mr. Chairman, I would like to clarify the Weed and Seed. Is Mr.
Rawlins? Is that the Federal Justice Department Program that's funded? Is that the program you
are with?
Mr. Rawlins: Yes, sir.
Commissioner Teele: And you all are funded to coordinate law enforcement activities.
Mr. Rawlins: That is a part... That's the Weed portion, correct.
Commissioner Teele: And your recommendation is that this activity is not appropriate in this
location?
Mr. Rawlins: Yes, sir.
Commissioner Teele: Let me inquire. When you met vv ith N4:ijk)r D:irlina. "�!-T
Lieutenant available.
132 March 24, 1998
Mr. Rawlins: Yes, she was there. She was in office.
Commissioner Teele: What's here name?
Mr. Rawlins: Ah... Lieutenant Williams.
Commissioner Teele: Lieutenant Williams. And she was present in the meeting?
Mr. Rawlins: Correct.
Commissioner Teele: And the NET Lieutenant is...? You said they have no problems with this?
Mr. Rawlins: Well, the major assured us of off -duty protection. But for the exterior and interior
we would like, he just said he was neutral.
Commissioner Teele: All right. All right. Mr. Chairman the Zoning Board has recommended
by a vote of four to zero to deny the appeal. Based upon the testimonies we have heard today, I
see no reason that we should overrule the Zoning Board's determination, and therefore, I would
move to support the determination of the Zoning Board and deny the appeal. But I would further
proviso that nothing in this denial if it passes should be designed to infer that this is a criminal or
an improper or for that matter, even an immoral activity. The issue is, as far as I am concerned
is the location. The proximity to the neighborhood that has been testified by the NET... the
Weed and Seed and Mrs...
Unidentified Speaker: Jenkins.
Commissioner Teele: ... Jenkins.
Vice Chairman Plummer: There is a motion to deny the appeal.
Commissioner Hernandez: I second the motion.
Commissioner Teele: And there is a motion... a second to the motion. Any further discussion?
Call the roll.
Vice Chairman Plummer: I'll make it unanimous. Yes.
133 March 24, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-313
A RESOLUTION DENYING THE APPEAL FROM, AND AFFIRMING THE
DECISION OF THE ZONING BOARD PURSUANT TO SECTION 1800 OF THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, THUS AFFIRMING
THE DENIAL OF THE CLASS I SPECIAL PERMIT APPLICATION NO. 97-0308
ISSUED BY THE ZONING ADMINISTRATOR ON OCTOBER 31, 1997, FOR THE
PROPERTY LOCATED AT 6102-04 NORTHWEST 7 AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioncr Wifrcdo Cort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
28. APPROVE REQUEST FOR WAIVER OF SECTION 3(mm) (ii) OF
CHARTER -- FOR LINE SETBACK FOR WATERFRONT PROPERTIES TO
FACILITATE CONSTRUCTION OF ELEVATED BALCONY --LOCATION
495 BRICKELL AVENUE -- APPLICANT: MASSACHUSETTS MUTUAL
LIFE INSURANCE, INC.
Vice Chairman Plummer: Item four.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning
& fDevelormentl P7 4 i,z i renuw,�r fr,"., th,
Sheraton for a waiver of the waterfront charter requirements. It is for a small elevated balcony.
It will only encroach about...
Vice Chairman Plummer: All of those who wish to be heard in this matter, please be sworn in at
this time. Anyone wishing to testify in this matter. For the record, I see only the attorney.
Would you swear in the attorney.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Unidentified Speaker: I do. I do.
134 March 24, 1998
Vice Chairman Plummer: Does the Commission need a presentation!
Commissioner Hernandez: If there are no objections out there, I'll make a motion to approve.
Vice Chairman Plummer: Motion to approve.
Commissioner Regalado: Second.
Vice Chairman Plummer: And there is a second. Any discussion? For the record, I just want to
state that they came to my office and demonstrated everything to me, and I am in accord with the
motion. Call the roll.
Unidentified Speaker: Thank you, very much.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-314
A RESOLUTION WITH ATTACHMENT, APPROVING A MODIFICATION OF THE
REQUIREMENTS, AS SET FORTH IN SECTION 3(MM) (II) (A), OF THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT THE
CONSTRUCTION OF AN ELEVATED BALCONY ON THE EAST SIDE OF THE
EXISTING STRUCTURE ON THE PROPERTY COMMOINLY KINO"'N AIS 111L
SHERATON BISCAYNE BAY HOTEL AND LOCATED AT 495 BRICKELL
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN),
TO ALLOW AN ENCROACHMENT INTO THE 50' SETBACK AREA OF 1 FOOT
AT THE NARROWEST POINT TO 4 FEET AT THE WIDEST POINT (FOR A
TOTAL OF 38 FEET).
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
135 March 24, 1998
----------------------------------------------------------------------------------------------------------------
29. GRANT REQUEST FOR PLACEMENT OF BILLBOARD -- LOCATION: 515
N.W. 71 STREET -- APPLICANT: EUGENE HANCOCK, JR. FOR EAST
COAST ADVERTISING.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item five.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning & Development): PZ-5 is a request for City
Commission approval of a new billboard, the tenth billboard, in accordance with the legislation.
Vice Chairman Plummer: All people wishing to testify on item five, you need to be sworn in.
Commissioner Hernandez: I move it if there is no objection.
Commissioner Regalado: Second.
Ms. Slazyk: The applicant is here. We are recommending an approval with two conditions. I
spoke to the applicant. He is in agreement with...
Vice Chairman Plummer: On the record, what are the conditions?
Ms. Slazyk: The landscape plan has to be modified to add some more ground coverage hedges.
As you can see from the photographs in your package it's bare, and he has to agree to maintain
it, and he has agreed.
Vice Chairman Plummer: OK.
Commissioner Hernandez: I move it with the conditions stated on the record.
Vice Chairman Plummer: All right. Moved by...
Commissioner Regalado: Second it.
Vice Chairman Plummer: ... Hernandez, seconded by Regalado. Call the roll.
Commissioner Teele: Let me... Let me just say this.
Vice Chairman Plummer: Hold up. Mr. Teele.
Commissioner Teele: Is this near 95?
Ms. Slazyk: Yes, yes.
Vice Chairman Plummer: It's almost adjacent to.
Commissioner Teele: And is this in the district that I represent?
Vice Chairman Plummer: Correct. Yes. It is in his district. It's not in mine. No.
Commissioner Teele: And you are satisfied with the landscaping plan now?
136 March 24, 1998
Ms. Slazyk: We would like him to augment it a little bit. The landscape plan that he submitted
with his drawings showed two trees with no ground cover or hedges. We have photographs in
your package which show that it is a very barren area and we would like him to beautify it just a
little bit more than what he's proposed.
Vice Chairman Plummer: And also maintain.
Ms. Slazyk: And to maintain it, because without the maintenance it will fall apart right away.
Commissioner Teele: But have they given you a commitment that this is going to look like a
paradise or something very representative. Please work with them and make sure that they do a
full and adequate job in this area.
Ms. Slazyk: Yes.
Vice Chairman Plummer: Do you understand since you hold approval that Commissioner Teele
is holding you responsible?
Ms. Slazyk: Me, OK...
Vice Chairman Plummer: You understand that?
Ms. Slazyk: Along with our NET Office, I hope.
Vice Chairman Plummer: No, you.
Ms. Slazyk: Me, personally.
Commissioner Teele: Ma'am, let me tell you something, I read the Charter, do whatever you
think is right.
Vice Chairman Plummer: God forbid.
Vice Chairman Plummer: Call the roll on item five.
137 March 24, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-315
A RESOLUTION APPROVING EAST COAST ADVERTISING'S REQUEST TO
PLACE AN OUTDOOR ADVERTISING SIGN (BILLBOARD) ON THE PROPERTY
LOCATED AT APPROXIMATELY 515 NORTHWEST 71ST STREET SUBJECT TO
THE CONDITIONS SPECIFIED 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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------
30. APPROVE SECOND READING ORDINANCE: AMEND ORDINANCE 10544
FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL -- CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2401, 2411,
2415, 2445 WEST FLAGLER STREET AND 25 NW 24 COURT --
APPLICANT: MAINSTREAM PARTNERS, LTD.
Vice Chairman Plummer: Item six.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning & Development): PZ-6 and 7...
Vice Chairman Plummer: Boy, talk about Gucci shoes.
Ms. Slazyk: PZ-6 and 7 were the companion zoning atlas and comprehensive plan amendment.
Vice Chairman Plummer: All people wishing to testify on item six, please stand, raise your right
hand to be sworn in. Including, you Buffy. Mr. Clerk.
Mr. Walter J. Foeman (City Clerk): Could you raise your right hand please?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
138 March 24, 1998
Vice Chairman Plummer: The applicant. You have two minutes.
Ms. Adrienne Pardo: Hello, my name is Adrienne Pardo with law offices at 1221 Brickell
Avenue. I am here today on behalf of Mainstream Partners. With me is Tony Fernandez, the
owner of the property. We are here before you on second reading. We are requesting that the
property be rezoned from, one lot is zoned R-1 and the remaining six lots which are on Flagler
Street are zoned G/I. We are requesting that they all be zoned to C-1 restricted commercial
which the property is abutting on both sides of the subject property are zoned C-1. The only
reason it was zoned G/I, the property on Flagler is because it used to be the Aerospace Academy
which it is no longer. Mr. Rice had previous hearings, raised concerns with regards to the small
lot that zoned R-1 that if that lot was also zoned C-1, it could be used to increase the density as
well as the FAR for the remaining lots. We have submitted a covenant to the City stating that we
would not use that lot for FAR calculations for density or FAR and therefore we feel that we
have eliminated that concern. We think it would be a benefit to the City as well as the property
owner adjacent to lot 241 has supported the proposed rezoning and we have submitted a letter
into the record for the directly adjacent property owner. Also, just in regards to whether it's C-1
or G/I, staff is in support of it and their report in front of you states that the height would not be
affected if it was zoned C-1 versus G/T nor would the density And T would like I few minl!f�-
for rebuttal
Vice Chairman Plummer: That you will have. Mr. Rice, I assume that you have heard the
statement that the illustrious...
Mr. Jack Rice: First of all that abutting property...
Vice Chairman Plummer: For the record your name and mailing address.
Mr. Rice: My name is Jack R. Rice, Jr., and I live at 90 Northwest 24th Avenue and I am
avehement objector.
Vice Chairman Plummer: All right, sir, do you wish to go into detail as to why or are your
previous objections so noted?
Mr. Rice: Well, first of all, they talk about that abutting property owner approving the project.
Well, he don't speak for me and the other objectors, if any... that... obectives of this project.
Secondly, that property... I am really objecting primarily to changing that residential lot that the
Planning and Zoning Board said should not be changed to a C-1. I think that's totally
inadequate, totally wrong, and the last time we were here, I was under the impression that they
were going to give a covenant run with the land that they had one year to get a sale of this
property.
Vice Chairman Plummer: No, sir. I will be making the provision that within one year they will
draw a building permit, or we will instigate an automatic renewal.
Mr. Rice: Right, right. But I still don't approve it. I think it's... to have that...
Vice Chairman Plummer: Even though I am told I can't do it.
Mr. Rice: ... that residential.
Vice Chairman Plummer: Well, excuse me. Mr. City Attorney, are you telling me as a
Commissioner in this City that I can't instigate a study to be done of a certain piece of property
for change of zoning?
139 March 24, 1998
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Oh, no, YOU crin do that, ccrtninly
Vice Chairman Plummer: I thank you, sir. Next item.
Mr. Maxwell: But that's not what you are saying now.
Vice Chairman Plummer: Well, you better... you better mark it down on your calendar for one
year, and if a building permit isn't pulled within that one year, you are now responsible for
reminding me to bring this matter back up.
Mr. Rice: He's gone.
Vice Chairman Plummer: What do you mean he's gone?
Mr. Jose Garcia -Pedrosa (City Manager): He's gone after next month. You just hired his
replacement.
Mr. Rice: Well, Alex is the new man.
Vice Chairman Plummer: Are you retiring? Are you getting fired? All right, let's knock it off.
Let's get finished here. You have made your notes. Is there anything else you wish to add? OK.
Back to two minutes of rebuttal.
Ms. Pardo: I would just like to say with regard to the comment that they obtain a building permit
within one year. It's definitely not possible in this case. They don't have plans. Even if they
did have plans to get them reviewed by the City, et cetera, it wouldn't be possible. We also think
its quite appropriate that the property be C-1... zoned C-1 in relationship to the other properties
that are adjacent and we would request that you make a motion to approve all seven lots for C-1.
Thank you.
Vice Chairman Plummer: I'll close the public hearing and ask for discussion among
Commissioners.
Mr. Gort: Mr. Chairman.
Vice Chairman Plummer: Yes.
Commissioner Gort: My understanding is, the biggest worry that you had. My understanding is,
first of all, in order to use that as a parking lot, you have the change the zoning which is no...
condition, and so on. And the only reason they are using the rezoning is to be able to use it for
parking. I think a covenant that is run with the property, you receive that, that the FAR will not
be used in... that property will not be used towards the FAR so the building will be same. That
building has been vacant, that lot has been vacant for the last ten or fifteen years. Nothing has
been built there. So I was in favor of it and I think the maker of the motion is not in my district.
One of the suggestions to keep the domino effect away from the old one is... one perimeter, one
foot perimeter will not be rezoned.
Ms. Pardo: I included that within the covenant.
Vice Chairman Plummer: Excuse me, the public hearing is closed. Mr. Regalado this is in your
district.
Commissioner Hernandez: It's my district.
140 March 24, 1998
Commissioner Regalado: No, it's Commissioner Hernandez' district.
Vice Chairman Plummer: I am sorry.
Commissioner Hernandez: It's my district.
Vice Chairman Plummer: Do you wish to comment or shall...? Humberto will close.
Commissioner Hernandez: I have been in... I have been in favor of this change since day one,
and I think as long as the approved conditions are met, I have no problems with making a motion
approving it.
Vice Chairman Plummer: There is a motion to approve. Is there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded by Mr. Gort. Is there any further discussion? Call the roll.
Oh, I am sorry, it's a second ordinance, second reading.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Call the roll. I vote no.
Ms. Pardo: Thank you, very much.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF 1HE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2401,
2411, 2415 AND 2445 WEST FLAGLER STREET AND 25 NORTHWEST 24TH
COURT, FROM SINGLE FAMILY RESIDENTIAL AND MAJOR INSTITUTIONAL
PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
141 March 24, 1998
passed on its first reading, by title, at the meeting of January 27, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Hernandez, 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 Humberto Hernandez
Commissioner Tomas Regalado
NAYS: Vice Chairman J.L. Plummer, Jr.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 1 1021-1,
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.
----------------------------------------------------------------------------------------------------------------
31. APPROVE SECOND READING ORDINANCE: AMEND ORDINANCE 11000
FROM SINGLE - FAMILY RESIDENTIAL AND G/I GOVERNMENT AND
INSTITUTIONAL TO C-1 RESTRICTED COMMERCIAL TO CHANGE
ZONING ATLAS -- LOCATION: 2401, 2411, 2415, 2445 WEST FLAGLER
STREET AND 25 NW 24 COURT -- APPLICANT: MAINSTREAM
PARTNERS, LTD.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Hold on. Wait a minute, what about seven?
Ms. Lourdes Y. Slazyk (Asst. Director/Planning & Development): Seven is a companion.
Commissioner Gort: A companion item.
Vice Chairman Plummer: Do we have to hear anything else' Anything adrlitinnnl on celwn'l
Ms. Slazyk: Seven is where the covenant is attached.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): The covenant applies, yeah.
Vice Chairman Plummer: All right.
Commissioner Hernandez: Motion to approve.
Vice Chairman Plummer: Motion by Hernandez to approve. It's in his district. It's seconded by
Gort. Any further discussion?
Mr. Maxwell: An ordinance.
Vice Chairman Plummer: It an ordinance. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
142 March 24, 1998
Vice Chairman Plummer: Call the roll. I vote no.
Ms. Pardo: Thank you, very much.
An Ordinance entitled -
AN ORDINANCE AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM R-1 SINGLE FAMILY RESIDENTIAL AND G/I GOVERNMENT AND
INSTITUTIONAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 2401, 2411, 2415 AND 2445 WEST FLAGLER
STREET, AND 25 NORTHWEST 24 COURT, MIAMI, FLORIDA, WITH A ONE
FOOT (1') RESIDENTIAL ZONING BUFFER AROUND THE PROPERTY
LOCATED AT 25 NORTHWEST 24 COURT AND SUBJECT TO THE RECEIPT
AND RECORDATION OF VOLUNTARY COVENANT FROM THE PROPERTY
OWNERS LIMITING THE USE OF SAID PROPERTY FOR PARKING PURPOSES
ONLY; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of January 27, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Hernandez, 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 Humberto Hernandez
Commissioner Tomas Regalado
NAYS: Vice Chairman J.L. Plummer, Jr.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11625.
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.
----------------------------------------------------------------------------------------------------------------
32 APPROVE SECOND READING ORDINANCE": AMEND ORDINANCE
10544 FROM MAJOR INSTITUTIONAL PUBLIC FAC'TLITIF,S
TRANSPORTATION AND UTILITIES TO RESTRICTED COMMERCIAL --
CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- LOCATION: 1700 NW 33 STREET --
APPLICANT; RAUL GONZALEZ.
Vice Chairman Plummer: Item eight. Raul Gonzalez.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning & Development): PZ...
Vice Chairman Plummer: 1700 Northwest 33rd Street.
143 March 24, 1998
Ms. Slazyk: Right. PZ-8 and 9 are companion. Actually land use and zoning change. This is
the property that is also... It's the old post office and since it is no longer :i post officc the (-,I
Governmental Institutional zoning and major public facilities land use category is no longer
appropriate and C-1...
Vice Chairman Plummer: All parties wishing to testify, please be sworn in.
Mr. Raul Gonzalez: I don't speak English. Teresita...
Mr. Walter J. Foeman (City Clerk): That's all right.
Vice Chairman Plummer: Mr. Gonzalez... You better swear him in in Spanish. Who can do it?
Josephine?
Commissioner Regalado: Does he need to speak?
Vice Chairman Plummer: Anyone testifying has to sworn in.
Commissioner Regalado: No, no, no.
Commissioner Gort: Let him be sworn in just in case. I'll make the motion.
Commissioner Regalado: OK.
Vice Chairman Plummer: Let Josephine swear him in.
Ms. Maria J. Argudin (Asst. City Clerk): [TRANSLATING IN SPANISH]
AT THIS POINT THE ASSISTANT CITY CLERK ADMINISTERED REQUIRED OATH
UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON
ZONING ISSUES.
Mr. Gonzalez: Yeah.
Vice Chairman Plummer: Did he say, yes?
Mr. Foeman: Yes.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: This is my district.
Vice Chairman Plummer: Your district.
Commissioner Gort: 1 looked at this property
will be in favor of it. I move for it.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: I move for approval.
this property 11000N to 0C 10l1Cvc1opcu... al1U r
144
March 24, 1998
Commissioner Regalado: Second.
Vice Chairman Plummer: Now, for the record, is there anyone who wishes to object or anyone
wishing to testify? Hearing none, this is second reading. Mr. City Attorney read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Motion understood? Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1700
NORTHWEST 33RD STREET, FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of February 24, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11626.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
33. APPROVE SECOND READING ORDINANCE: AMEND ORDINANCE 11000
FROM G/I GOVERNMENT AND INSTITUTIONAL TO C-1 RESTRICTED
COMMERCIAL -- CHANGE ZONING ATLAS -- 1700 NW 33 STREET --
APPLICANT: RAUL GONZALEZ.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item nine is a companion. Same...
Commissioner Gort: Move it.
Vice Chairman Plummer: Move, second.
145 March 24, 1998
Commissioner Hernandez: Second.
Vice Chairman Plummer: Any discussion? Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Motion understood. Any further discussion? Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND PAGE NO. 19 OF
THE ZONING ATLAS OF THE CITY OF MIAM1, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM G/I GOVERNMENT AND INSTITUTIONAL
TO C-1 RESTRICTED COMMERCIAL DISTRICT FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1700 NORTHWEST 33RD STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of February 24, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Hernandez, 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 Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANU, Isu. llo.� i.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: Would you explain to the gentleman in Spanish that he knows that he
won?
Commissioner Regalado: Yes.
Mr. Gonzalez: Yeah.
Commissioner Regalado: He knows...
146 March 24, 1998
----------------------------------------------------------------------------------------------------------------
34. APPROVE SUBJECT TO CODE COMPLIANCE FIRST READING
ORDINANCE: AMEND ORDINANCE 10544 FROM MEDIUM DENSITY
RESIDENTIAL TO GENERAL COMMERCIAL -- CHANGE FUTURE LAND
USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION; 3615 N.W. 23 COURT -- APPLICANT: DWAIN
HIGGINBOTHAM.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 10. Dwain W. Higginbotham, 3615 Northwest 23rd Court.
Ms. Lourdes Y. Slazyk (Assistant Director/Planning Department): PZ-10 and 11 are companion
items again for land use and zoning change at 3615 Northwest 23rd Court. The request is from
medium density residential to commercial. The department is recommending denial of the
application. There are outstanding code violations on the property which consists of illegally
operating a business on a residential property. That's inconsistent with the comprehensive plan
which specifically requires the City to discourage incompatible land uses 11`0111 e11croactling Into
residential areas. They also have an outstanding code violation which consists of illegal parking
on unimproved surfaces and that's also inconsistent with the comp plan which specifically
requires the City to preserve the character of existing residential areas.
Vice Chairman Plummer: OK. What? May I ask, what is the business that's being operated
there now?
Ms. Slazyk: I didn't do the code enforcement action. I am not sure if the... if somebody from...
Vice Chairman Plummer: All right. Is there anyone beside Mr. Higginbotham who wishes to be
heard or to testify on this matter? Would you swear him in please?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Dwain Higginbotham: I do.
Vice Chairman Plummer: For the record, sir, state your name and mailing address.
Mr. Higginbotham: Dwain Higginbotham, 2340 Northwest 23rd Street, Miami.
Vice Chairman Plummer: And presently, may I ask, sir, what kind of business are you operating
there?
Mr. Higginbotham: I operated, I have leased the whole property out now, but for 40 years I
operated a tire store there, and I own the property next door to the property. At the present time,
I own four lots. Two lots in the front on 36th Street are zoned properly and the two in back are
not. I, at one time owned the four lots immediately to the east and I sold those and the person
that bought those four lots from me had the two lots in the back of his which are adjacent to my
two illegal lots, rezoned, and I was not notified that the zoning... And he was also leasing those
lots from me and did so for more than ten years and operated an automotive business on those
two lots. So...
Vice Chairman Plummer: All right, sir.
147 March 24, 1998
Mr. Higginbotham: Yes.
Vice Chairman Plummer: Is there anything else we need to know? Mr. Gort.
Commissioner Gort: That's a very transitional area. There are a lot of changes that are taking
place. And if you look at the... How come we don't have a map showing in there? Because I
think it's important to...
Vice Chairman Plummer: I think it's broken. I have already asked.
Commissioner Gort: Oh, it is? For the public to see that right next... right behind it is already
been zoned general commercial. And about one block away is only general commercial. You
know if you look at the lines, it's kind of... I would like to straighten that line. I don't have any
problem. I do have... I would like to have the opportunity for you to comply with all the...
whatever the code violation they have. Is the violation only concerned with the zoning and...?
Because this has been there for a long time.
Ms. Slazyk: Yes. The... the violation did not come to the Planning Department's attention until
after his application was filed.
Commissioner Gort: But the reason, my understanding, he filed for this petition because Code
Enforcement...
Ms. Slazyk: To correct the violation.
Commissioner Gort: ... told him that if he could correct this then he would not have a violation.
Vice Chairman Plummer: Your motion, Mr. Gort?
Commissioner Gort: Move it.
Vice Chairman Plummer: All right, subject to the code compliance. Is that correct?
Commissioner Gort: That's correct. Well, by making this motion we...
Vice Chairman Plummer: All right, is there a second? Is there a second?
Commissioner Hernandez: There is a second.
Vice Chairman Plummer: There is a second.
Commissioner Hernandez: I just have a question. Under discussion, Mr. Chairman. And maybe
they explained it.
Vice Chairman Plummer: Under discussion. Commissioner Hrrn:rode z
Commissioner Hernandez: Lourdes, why did the Planning and Development Department
previously approve this and then deny it?
Ms. Slazyk: We had recommended approval before the information was made available to us
about the violations. The violations put it into noncompliance with some of our criteria.
148 March 24, 1998
Mr. Jose Garcia -Pedrosa (City Manager): Commissioner, I should clarity that when I came on
board, I told my staff that anybody who comes before the City Commission asking for something
should comply with the City's laws.
Commissioner Hernandez: Yeah.
Vice Chairman Plummer: With clean hands.
Mr. Garcia -Pedrosa: That as a matter of policy, we should not approve anything for anyone who
is not in compliance with the City's laws.
Commissioner Hernandez: Absolutely.
Vice Chairman Plummer: And, I sure agree with that.
Commissioner Gort: This has Planning approval, Planning Board approval and Zoning Board
approval.
Mr. Higginbotham: Excuse me.
Vice Chairman Plummer: Well, understanding fully that this has to be only at such time as code
compliance is...
Mr. Joel E. Maxwell (Deputy City Attorney): It's going to go into effect immediately.
Commissioner Gort: Well, my understanding is, this is the action that we are taking by
approving the change of zoning, we... they are complying with the code.
Vice Chairman Plummer: Well, this is first reading.
Ms. Slazyk: Yes.
Vice Chairman Plummer: This is first reading. I would assume second reading will not take
place until we have been notified that code compliance is taken care of.
Ms. Slazyk: Yeah, he has to... Yeah, he basically has to move the business out, get a zoning
change and then move it back in.
Mr. Higginbotham: There is... They have ten employees there.
Vice Chairman Plummer: Sir, either you're... come in with clean hands or you are not. Now,
that's up to Commissioner Gort. It's up to him. What do you want to do, sir?
Commissioner Gort: I'll say it again. There is a transitional use in that area that used to be
residential. It's no longer residential. A lot of the people are using that as... and it... Right next
to it, right behind it, you have got a commercial area. Right behind, right next to his lots. I don't
have any problem. By taking this action today, this will bring him in compliance with the code.
Vice Chairman Plummer: OK.
Commissioner Hernandez: But, and I second it and just under discussion. again I understand
your policy, Mr. Manager and I think it's a good one. 1 just... My question is, there is going to
be certain instances, and a lot of them where people are going to be here before us unclean
hands, and the reason they are here is to... they are in obviously in noncompliance, the fines are
149 March 24, 1998
running and they are here appealing either the Code Enforcement Board or the Zoning Board on
a variance. So they will be in noncompliance until the point that we approve their variance...
Mr. Higginbotham: But, sir...
Commissioner Hernandez: ... or special exception, correct?
Vice Chairman Plummer: All right. Call the roll. I am sorry, read the ordinance first.
Mr. Higginbotham: Can I make one other statement, please?
Vice Chairman Plummer: No, sir. I have closed the public Quit �dlllk. )„" .,I�
Read the ordinance, please. All right, call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3615 NW
23RD COURT, FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
35. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 FROM R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL -- CHANGE ZONING ATLAS -- LOCATION: 3615 N.W.
23RD COURT -- APPLICANT: DWAIN HIGGINBOTHAM.
Vice Chairman Plummer: Item 11 is a companion.
Commissioner Gort: Move it.
Commissioner Hernandez: Second.
150 March 24, 1998
Vice Chairman Plummer: Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE
ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-I. MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED
AT APPROXIMATELY 3615 NORTHWEST 23 COURT MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
CommissionerHumbcoo
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
36. APPROVE FIRST READING ORDINANCE: AMEND ORDINANCE 10544
FROM RESTRICTED COMMERCIAL TO CENTRAL BUSINESS
DISTRICT -- CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 666
BISCAYNE BLVD. -- APPLICANT 666 BISCAYNE BLVD. LTD.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Yes, item 12, 660... 666 Biscayne Boulevard.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning & Development): PZ-12 and 13 are companion
land use.
Vice Chairman Plummer: Anyone wishing to testify will stand up and be sworn in at this time.
Including the attorneys.
Commissioner Hernandez: Move to approve, if there is no objection. If there is no objection, I
move to approve.
Vice Chairman Plummer: Sir, this is in my district.
Commissioner Gort: Well, you are the Chair, you cannot make the motion.
Vice Chairman Plummer: Oh, OK.
151 March 24, 1998
Commissioner Gort: Second.
Vice Chairman Plummer: Six, six, six. What does that mean?
Commissioner Gort: Right next to the Freedom Tower.
Commissioner Hernandez: It's in your district.
Vice Chairman Plummer: Six, six. Touche. All right. Do we really would like to know what's
going in there, or we don't want to know?
Commissioner Gort: We don't want to know.
Vice Chairman Plummer: We don't want to know. All rightee. I'll close the public... Is there
anyone here wishing to object? Is there anyone here who would like to say anything?
Commissioner Gort: No.
Vice Chairman Plummer: Mr. City Attorney, read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 666
BISCAYNE BOULEVARD, FROM RESTRICTED COMMERCIAL TO CENTRAL
BUSINESS DISTRICT; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
152 March 24, 1998
was introduced by Commissioner Hernandez, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
37. APPROVE FIRST READING ORDINANCE: AMEND ORDINANCE 11000
FROM C-1 RESTRICTED COMMERCIAL TO CENTRAL BUSINESS
DISTRICT -- CHANGE ZONING ATLAS -- LOCATION: 666 BISCAYNE
BLVD. -- APPLICANT 666 BISCAYNE BLVD. LTD.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 13 is a companion.
Commissioner Hernandez: Move it.
Vice Chairman Plummer: Moved by Hernandez.
Commissioner Gort: Second.
Vice Chairman Plummer: Second by Gort.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning & Development): I have one correction.
Vice Chairman Plummer: You have one correction.
Ms. Slazyk: Since the application was filed the zoning has been changed on this property from
C-1 to SD-6. So, I just want to say, this is going from SD-6 to CBD (Central Business District).
That kicked into effect since our application, so...
Vice Chairman Plummer: All right. I would like to ask a question because it is in my zone. Do
we have any idea what might be going on this property?
Ms. Lucia Dougherty: The answer is no. The only reason that... Let me just say this to you.
This is the north half of the same block that the Freedom Tower is in. If the Freedom Tower is
on CDB... this was zoned C-1...
Ms. Slazyk: C-1.
Ms. Dougherty: ... now it's SD-6. If you don't zone this the same as the Freedom Tower, it
really precludes any development of a unified project.
153 March 24, 1998
Vice Chairman Plummer: OK.
Ms. Doughtery: So that's the reason we are asking.
Ms. Slazyk: For your comfort though, the CBD (Central Business District) zoning does require
design review, so there are... It's actually better than the C-1 in that now the City has a chance to
review and approve whatever is going to go on that property.
Vice Chairman Plummer: Read the ordinance on 13.
Mr. Joel E. Maxwell, Esq. (City Attorney): I am sorry, from... What was that again?
Ms. Slazyk: SD-6.
Mr. Maxwell: From SD-6. Restricted commercial?
Ms. Slazyk: It's SD-6 central commercial residential.
Mr. Maxwell: OK.
Vice Chairman Plummer: All right, any further discussion? You know, I just said to
Commissioner Gort, it's great to change all of these properties and change all of this zoning, but
I hope we ware not doing it for the spec of investors. We need construction, we need people to
build, we need taxes. So I just hope that we are not doing this to line the pockets of developers
who expect to resell to somebody else. So, let it be a thing. Call the roll on item 13.
Ms. Dougherty: Thank you, very much.
An Ordinance entitled -
AN ORDINANCE AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM SD-6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICT TO CBD
CENTRAL BUSINESS DISTRICT FOR THE PROPERTY LOCATED AT
APPROXIMATELY 666 BISCAYNE BOULEVARD; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
154 March 24, 1998
was introduced by Commissioner Hernandez, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
38. APPROVE SECOND READING ORDINANCE: AMEND ARTICLE 6
SECTION 614 OF ORDINANCE 11000: LATIN QUARTER COMMERCIAL -
RESIDENTIAL DISTRICTS -- MODIFY CONDITIONAL USES FOR COIN
LAUNDRY AND DRY CLEANING OPERATIONS -- APPLICANT:
PLANNING AND DEVELOPMENT.
Vice Chairman Plummer: Item 14. Any wishing... Anybody wishing to testify? This is a
second reading for the Latin Quarter commercial residential district to allow coin laundries and
dry cleaning operations.
Commissioner Gort: Move it.
Vice Chairman Plummer: It's moved by Gort.
Commissioner Hernandez: Second.
Vice Chairman Plummer: Seconded by Regalado. Any further discussion? Read the ordinance.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 1100, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6,
SECTION 614, LATIN QUARTER COMMERCIAL -RESIDENTIAL AND
RESIDENTIAL DISTRICTS, IN ORDER TO MODIFY CONDITIONAL USES
PERTAINING TO COIN LAUNDRY AND DRY CLEANING OPERATIONS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
155 March 24, 1998
passed on its first reading, by title, at the meeting of February 24, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Hernandez, 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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11628.
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.
----------------------------------------------------------------------------------------------------------------
39. APPROVE SECOND READING ORDINANCE: AMEND ARTICLE 9,
SECTION 906 (ACCESSORY USES AND STRUCTURES) AND ARTICLE 25,
SECTION 2502 (TO ADD NEW DEFINITIONS) OF ZONING ORDINANCE
11000 --APPLICANT: PLANNING AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 15, the City of Miami Planning Department and what it proposes
to do. An accessory banking and travel service within an R-3 and more liberal districts. Is there
anyone wishing to testify for or against?
Commissioner Gort: Move it.
Vice Chairman Plummer: Read the ordinance. Seconded by Regalado.
Commissioner Regalado: Yes.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Call the roll.
156 March 24, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 1100, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 9, SECTION 906.7 TO INCLUDE THE R-3 ZONING DISTRICT; TO ADD
ACCESSORY BANKING AND TRAVEL SERVICE USES CONDITIONALLY;
FURTHER AMENDING ARTICLE 25, SECTION 2502 TO ADD NEW
DEFINITIONS FOR "ACCESSORY BANKING" AND "TRAVEL SERVICE" USES;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of February 24, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11629.
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.
----------------------------------------------------------------------------------------------------------
40. DENY PROPOSED FIRST READING ORDINANCE TO AMEND ARTICLE 9,
SECTION 920.2.2 OF ZONING ORDINANCE 11000 -- TO ALLOW
STORAGE OF RECREATIONAL VEHICLES AND EQUIPMENT IN
RESIDENTIAL FRONT YARDS -- APPLICANT: PLANNING AND
DEVELOPMENT.
Vice Chairman Plummer: Item 16, the City of Miami Planning Department in reference to the
use of residential districts for the storage of RVs and boats, I guess, here. OK.
Mr. Francisco Garcia (Principal Land Development Specialist/Planning & Development): Yes,
sir. For the record, Francisco Garcia with the Department of Planning & Development. This is
the item commonly known as "boats in front yards" but also "recreational vehicles in front
yards." This applies Citywide. This is basically in response to a request by a citizen that will
appear before the City Commission to have the Department of Planning and Development
provide some new regulations that would consider approving conditionally the implementation
or the parking rather of boats and recreational vehicles in front yards. The department did that
and then took the amendment, the proposed amendment to the Planning Advisory Board and is
now here before you. We are recommending that it be denied simply because we feel that its
applicability would be too constraining and really, essentially, unenforceable by the City's Code
Enforcement Division.
157 March 24, 1998
Vice Chairman Plummer: All right. Anyone else wishing to testify will please be sworn in at
this time.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Chairman Plummer: All right, sir, you have two minutes. State your name and mailing
address, please.
Mr. Bruce Reep: My name is Bruce Reep, 3530 East Ferry Street Coconut Grove. I just want to
speak on behalf of allowing boats in the front yard, and I realize it is against your... your
Commission, your regulations as of now. The important thing to understand is that there is a lot
of people in the Grove and all through Miami you have five foot setbacks on their side... their
side lot size. They can't put the boats in the backyard. They don't have garages, they can't
afford to do that. We have eliminated our catwalks on the Rickenbacker Causeway. The one
thing they do... finally afford to do is have a little boat, and you are telling them they can't have
it in their front yard. I have noticed today you passed the zoning changes for a residential lot for
one foot which now can have parking commercially on it. All I am saying is, if you are going to
do all this for commercial industries, remember us the little people, we need a place to keep our
boats, in our front yards. Yes, we would go along with some way to hide them or protect them
and think that there are a lot of people... and you will be hurting a lot of marine industries where
a lot of the little people who have their little will not fit through the side yard of five feet, and
they do not have garages. Thank you.
Vice Chairman Plummer: Thank you, sir. Mr. Clerk, is there a reason why the clock is not
working beside the fact that Josephine is not here and you don't know how to do it?
Mr. Walter J. Foeman (City Clerk): No.
Vice Chairman Plummer: Thank you.
Mr. Foeman: There is no reason.
Vice Chairman Plummer: Joe, you got two minutes.
Mr. Joe Wilkins: Jose Wilkins, 228 Southwest 23rd Road, Director of the Miami Roads
Neighbhorhood Civic Association. I would just like to point out, our association... The reason
we have the ordinance prohibiting this goes back about ten years when our association on
concert with several other community associations brought this forth from a barrage of
complaints about having these vehicles in the front yards. We have heard no... nothing to
conflict with that since. Our neighborhoods have been nicer, our property values have gone up.
We don't think this is the kind of thing we want in our residential neighborhoods, specifically
single-family residential neighbhorhoods and we urge you to deny it. Thank you.
Vice Chairman Plummer: Thank you, sir. Yes, ma'am. Please, your name and mailing address
for the record. You have two minutes.
Ms. Deborah Swain: I am Deborah Swain. My address is 228 Southwest 22nd Road in Miami.
I also represent the Miami Roads Neighborhood Association but I was asked also to speak on
behalf of the Silver Block Association. I spoke to their president just a short while ago and to
state that they also are completely opposed to this ordinance. Thank you.
158 March 24, 1998
Vice Chairman Plummer: Thank you, ma'am. Mr. Monk [phonetic] you have two minutes.
State your name and mailing address.
Mr. Terry Lawrence: Lawrence Terry, 1896 Tigertail Avenue. I just hope you... you support the
administration on this. We... this is a... This would be a terrible precedent to set in Miami.
There are enough boats... If you drive around, there are enough boats as it is where they
shouldn't be. And inspite of what my colleague, Mr. Reep says, if you own a boat, you got to
pay the price, even if it's a small one. So let's not get these in the front yard more than they
already are.
Vice Chairman Plummer: All right, is there anybody else wishing to give us words of wisdom?
All right, then we will close the public hearing and discussion among the Commission.
Commissioner Gort: Move for denial.
Vice Chairman Plummer: There is a motion to deny.
Commissioner Teele: Second.
Vice Chairman Plummer: Is there a second?
Vice Chairman Plummer: There is a second.
Commissioner Teele: Second.
Vice Chairman Plummer: Any further discussion on the motion to deny?
Commissioner Regalado: Yeah, I just wanted to find out...
Vice Chairman Plummer: Commissioner Regalado.
Commissioner Regalado: Sorry. Just wanted to find out. OK. The enforcement part of.. both
sides, if we deny, what would happen?
Mr. Garcia: Basically, the status quo would remain, that is, boats would not allowed in front
yard, period.
Commissioner Regalado: OK. But boats are in the front yard as of now?
Vice Chairman Plummer: Not legally.
Commissioner Regalado: What are we doing?
Mr. Garcia: Illegally, sir.
Vice Chairman Plummer: They would have to move.
Mr. Jose Garcia -Pedrosa (City Manager): They are not there legally, Commissioner.
Commissioner Regalado: Well, you know, do we have the...? I mean, do we have the
possibility of enforcing all this, and what do we do if somebody does not have the possibility of
bringing the boat to the side or the back of the house?
Vice Chairman Plummer: Take it to their mother-in-law and hide...
159 March 24, 1998
Commissioner Regalado: That person should sell the boat?
Mr. Garcia: It is better stored in a marina, perhaps is the other option.
Commissioner Regalado: And how much is the marina?
Mr. Garcia: I don't know the answer to that question, sir?
Commissioner Regalado: OK, if we work to put this into effect, would the City of Miami waive
all fees for residents who could tell us they do not have the money that rich people have to store
their boats in the marina, in the City Marina?
Vice Chairman Plummer: Mr. Manager.
Commissioner Regalado: Do we have the capability?
Mr. Garcia -Pedrosa: No, sir. We don't waive fees.
Vice Chairman Plummer: The answer is no.
Commissioner Regalado: OK.
Mr. Garcia -Pedrosa: But we are not putting anything into effect, Commissioner. The adoption
of this motion to deny would preserve the status quo.
Vice Chairman Plummer: Any further questions?
Mr. Garcia -Pedrosa: The legal status quo.
Vice Chairman Plummer: The motion on the floor is to deny. Is there any other discussion? I
guess I can discuss even though I can't make a motion, correct? OK. You know, the real
problem that I see here is that we... there is nothing we can really do about it.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Well, I am sorry...
Vice Chairman Plummer: I don't think anybody would object to a reasonable size boat in
reasonable good shape.
Mr. Maxwell: Debating...
Vice Chairman Plummer: The problem is, is the old junkers, the clunkers that are half a mile
long...
Mr. Maxwell: Excuse me. Mr. Chairman.
Vice Chairman Plummer: Sir.
Mr. Maxwell: You do need to pass the gavel to debate.
Vice Chairman Plummer: Oh. [Clump] Whatever it's worth.
Mr. Maxwell: You are passing it to Commissioner Hernandez, are you?
Commissioner Hernandez: What?
160 March 24, 1998
Vice Chairman Plummer: I haven't had it all day. What difference does it make? Right, I'll
pass it to whoever.
Commissioner Hernandez: If I would have known it... we would have kept him this quite for the
last four months, I would have... I would have relinquish the chairmanship a long time ago, OK.
Commissioner Gort: That's it.
Vice Chairman Plummer: We are going to miss you.
Commissioner Hernandez: You know... Geeze, I agree with the Mayor on this one.
Vice Chairman Plummer: You know, OK. Well, we have got to have one out of every ten
years. You know that's the problem. You get people that have junk pieces of boats and they put
in them in their front yards, they deteriorate the neighborhood. You know, they are 30, 40 feet
long. They want to work on the boat, disrupt the neighborhood. You know, and... and I feel
sorry for them, but like they say, you know, it's... owning a boat is a privilege, and
unfortunately, you have got to pay for the privilege. If not, keep it at your mother -in-laws in
Hialeah. I want Raul to come back at me now, OK. Now, you know, I can't... I got to vote with
the motion. Is there any other...? Excuse me, give me back the gavel, that's what I need.
Commissioner Regalado: I...
Vice Chairman Plummer: Any other discussion?
Commissioner Regalado: I, I still... I still think that if we do this, we are going to be really
unfair to many legitimate people who do not have the money to bring their boats to the marinas,
and...
Vice Chairman Plummer: All right. Well, if we are denying, we don't need to read the
ordinance, right?
Mr. Maxwell: That's correct.
Vice Chairman Plummer: OK. Call the roll.
Commissioner Regalado: No.
161 March 24, 1998
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-316
A MOTION TO DENY PROPOSED ORDINANCE TO ALLOW STORAGE OF
MAJOR RECREATIONAL EQUIPMENT (BOATS) IN FRONT YARDS.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION SIDERATION OF THE PLANNING
AND ZONING PORTION OF THE AGENDA TO FURTHER
CONSIDER ITEMS FROM THE REGULAR PORTION OF THE
AGENDA.
Vice Chairman Plummer: All right, is there any other zoning matter to come before this
Commission? We will now adjourn the zoning and go into pocket items.
----------------------------------------------------------------------------------------------------------------
41. FIRST READING ORDINANCE: APPROVE WITH CONDITIONS
CREATION OF FAIRHAVEN ROVING SECURITY GUARD SPECIAL
TAXING DISTRICT -- FOR FAIRHAVEN NEIGHBORHOOD -- FOR
ROVING PATROL SERVICE.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Commissioner Gort... Regalado, we will start with you.
Commissioner Regalado: OK, I have two pocket items.
Vice Chairman Plummer: No problem.
Commissioner Regalado: One, Mr. Vice Chairman is the Fairhaven Roving Security Guard
Special Taxing District. I was given this, but I understand that...
Vice Chairman Plummer: Oh, good. That's...
Commissioner Regalado: OK.
Vice Chairman Plummer: That eliminates one of mine.
162 March 24, 1998
Commissioner Regalado: This... This is one I will be...
Vice Chairman Plummer: An ordinance with attachment(s) approving creation of the "Fairhaven
Roving Security Guard Special Taxing District" by Miami -Dade County for the Fairhaven
Neighborhood, Miami, Florida, for the purpose of providing roving police patrol service; subject
to compliance with applicable City of Miami and Metropolitan Dade County requirement;
approving necessary expenditures for said roving off -duty police patrol service; requiring
reimbursement for all expenditures; requiring execution of the Interlocal Agreement, in
substantially the form attached, between the City and Metropolitan Dade County; containing a
repealer provision, severability clause; and providing for an effective date.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): First reading.
Commissioner Regalado: OK.
Vice Chairman Plummer: First reading. Any discussion?
Commissioner Regalado: OK, this does not cost a penny to the City of Miami, mind you.
Vice Chairman Plummer: Call the roll. Oh, wait a minute, I have read the ordinance. Call the
roll.
Commissioner Teele: Motion. Motion by?
Vice Chairman Plummer: Commissioner Regalado and seconded by Gort. Call the roll.
Commissioner Regalado: Second by...
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), APPROVING CREATING OF THE
"FAIRHAVEN ROVING SECURITY GUARD SPECIAL TAXING DISTRICT: BY
MIAMI-DADE COUNTY FOR THE FAIRHAVEN NEIGHBORHOOD, MIAMI,
FLORIDA, FOR THE PURPOSE OF PROVIDING ROVING POLICE PATROL
SERVICE, SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI
AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING NECESSARY
EXPENDITURES FOR SAID ROVING OFF -DUTY POLICE PATROL SERVICE;
REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; REQUIRING
EXECUTION OF INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, BETWEEN THE CITY AND MIAMI-DADE COUNTY; CONTAINING
A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
163 March 24, 1998
was introduced by Commissioner Regalado, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
42. AUTHORIZE USE OF MANUEL ARTIME PERFORMING ARTS CENTER
BY MIAMI HISPANIC BALLET -- FOR $1,000 PER MONTH.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Your second pocket item, sir.
Commissioner Regalado: Yes, the second pocket item is something that the administration has
been working with, Miami Hispanic Ballet. The Manuel Artime Center, it's as you all know in
some areas empty, and Miami Hispanic Ballet is moving, of course, paying the monthly payment
that the City has agreed with them. So we only need this "Use Agreement" approved by the
Commission so the administration can go ahead and work out the details with the Miami
Hispanic Ballet. I think...
Vice Chairman Plummer: All right. Let me, if I may? I have it here in front of me. Is not this
one of the properties we are trying to sell?
Commissioner Regalado: Yes. But there is... But, I understand that Christina had already
advised these people that if the property is to sold that they have to just leave, and they agree to
do that.
Vice Chairman Plummer: And for how many days a week will they be using this facility?
Ms. Christina Abrams (Dir. of Public Facilities): This is a "Use Agreement" for a period of five
months to conduct ballet classes in the Manual Artime Community Center Theater, and also
performances on weekend subject to the availability of the theater and the City retains the right
to book more events that are more profitable to the City. But it guarantees us a revenue stream
of one thousand dollars ($1,000) a month.
Vice Chairman Plummer: OK.
Ms. Abrams: And uses the center during the week when it's...
Vice Chairman Plummer: Any further questions? Is...?
164 March 24, 1998
Commissioner Regalado: I move it.
Vice Chairman Plummer: Moved by Regalado, seconded by...?
Commissioner Hernandez: Me.
Vice Chairman Plummer: Hernandez. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-317
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM AND ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND MIAMI HISPANIC BALLET & CREATION ART, INC./, FOR THE
USE OF THE MANUEL ARTIME PERFORMING ARTS CENTER (FACILITY) FOR
A PERIOD OF FIVE (5) MONTHS FOR A FEE OF $1,000 PER MONTH, FOR THE
PURPOSE OF CONDUCTING BALLET AND THEATER CLASSES AND
PERFORMANCES.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
43. COMMENTS REGARDING CITY OWNED BUILDINGS IN OVERTOWN IN
VERY POOR CONDITION OF DISREPAIR -- MANAGER TO REVIEW
POSSIBILITY TO ASSIST "BASIC TRAINING" ORGANIZATION AND
IMPLEMENT BUSINESS ENHANCEMENT COMMUNITY WORKSHOPS.
Vice Chairman Plummer: Mr. Teele, do you have any pocket items?
Commissioner Teele: Yes, I do, but not in the form of ordinances or resolutions.
Vice Chairman Plummer: All right.
Commissioner Teele: My item...
165 March 24, 1998
Vice Chairman Plummer: Let's see if we can handle what you have.
Commissioner Teele: Mr. Manager, there are two matters that I would like to get a little bit of
understanding on. The first one, relates to a very complicated matter that we took up in the
Community Development. And, that is, the City of Miami appears to own several buildings, but
unfortunately, these buildings have not been placed in our names. In other words, it's sort of like
the Cluc 90 land. We heard testimony about a building, it's called, I think, 242 or two four two,
over there in Overtown. Mr. Manager, that building is a total disgrace. I have visited it three
times in the last week.
Vice Chairman Plummer: What street is that on?
Commissioner Teele: It's on fourth. I am sorry, it's on Second Avenue and about 12th Street.
Vice Chairman Plummer: Well, let me tell you, there is another one. Mr. Manager.
Commissioner Teele: And, the position that the City is in, just so that the record is clear. Is that
the City provided a mortgage, first mortgage to co-op, and they have abandoned it. But it's not
in our name, so you know, we are billing it, we are liening it, we are sending notices, we are
doing all of this. It has about 50 people living in it, I would imagine. The building has no water,
no lights, no roof, but, yet there are... I mean, it's a very busy building. Very busy building.
And, we have just got to be very careful in our Asset Management, because I am becoming more
and more convinced that the City is probably the largest slum lord in the City of Miami. We are
very heavily... And, Mr. Manager, I don't... I am not at all attacking you, I am just telling you,
you know, when you don't have money, and things begin to all go wrong. We have got some
serious problems. Now, I have asked the City Attorney to review this, because we are sort of...
The CD (Community Development) office is engaged in this charade. Well, it's not in our
name, so we don't own it. The building has been vacated, it's been abandoned, and I think as you
know, if you are the first mortgage holder, you own it, whether you transfer it in you name or
not. But, its been this way for about six years. Six years. I would like specifically to ask you to
see if you could work with this organization called Basic Training. I am very impressed with the
sincerity of that group, and I have a lot of questions about the sincerity... a lot of these homeless
groups. I am going to be very candid with you. But, they have got people that are living in very,
very barrack conditions along 7th Avenue. What they need is space to help people. They have
got them in a full regiment of physical fitness and training, et cetera. And, the least we ought to
be able to do is, look through our inventory, and I offer that as one opportunity to see if we can
begin to provide them with a place, a barracks type of situation. This is ten units that apparently
was once 20 units, or 24 units that got, you know, reduced. They were very large apartments
because they were expanded. And, I would ask respectfully, if you would, in the next meeting or
so, have someone, and if it's convenient for you or one of your Assistant Managers to physically
go there and look at it. And, I think you... I think you will speak volumes in terms of the
challenge that we have before us. But, I would very much like to see if we can have Basic
Training. And, I would note that while Mr. Stallone purportedly gave twenty-five thousand
dollars ($25,000) to the group to keep them from being foreclosed on, the fact of the matter is, is
that he bought the rights to a story for twenty-five thousand dollars ($25,000). I won't comment
on that, one way or the other. But, he bought the rights to the story of Basic Training. I think we
ought to try to find ways to help people like this. And, I think we have the resources. We do
have stock, housing stock that we can make available. So, I would ask your indulgence and your
cooperation, and specifically ask you to look at it. I think, if you visit Basic Training, and this
location, it will speak volumes of our challenge. The second area, and Mr. Manager, I would
very much like to know, if that's something that you would deem appropriate or it's something
that...
Mr. Joseph Pinon (Assistant City Manager): Mr. Teele, Joseph Pinon, Assistant City Manager,
for the record. I am also working on a project, similar to that, with the Veterans of Foreign
166 March 24, 1998
Wars. There is about 60 veterans in Liberty City who are looking for a place, a home. There are
12 posts in Dade County, only two are African -American. And, I made a visit last week to them.
So, I will incorporate that group also, in this search.
Commissioner Teele: Thank you. And, maybe, through the NET (Neighborhood Enhancement
Team) office, and others. There are just a lot of abandoned and vacant buildings around here.
The other area, Mr. Manager, and I have discussed it with you, is the business enhancement
community workshops. It's my hope, that we can look through the panel of consultants that
have been selected through a competitive process, and that you and your very capable staff, will
be able to find someone or some company that can assist us with this, as opposed to going out.
And, I have taken the opportunity to discuss this with your Assistant Manager. But, the work
plan that I have is, you know, 60 days, 75 days of selection. And, we go through and select task
audit consultants to avoid this kind of process. But, yet, at the same time, have a competitive
process. So, I am very interested in a architect, engineering firm that has been selected through
an competitive process, but, may be appropriate. And, if there is none that appropriate, then we
could engage in this as your memo has outlined. And, then, finally, the other issues that you
have indicated, will be on the agenda after this. And, that relates to the federal and state
legislative priorities. And, I would like...
Vice Chairman Plummer: After seven o'clock.
Commissioner Teele: I would like to discuss the state priorities again.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
44. COMMENTS FROM VICE CHAIRMAN PLUMMER ON NEED TO CLEAN
UNDER EXPRESSWAY IN THE VICINITY OF NW 10 STREET BETWEEN
2ND AND 3RD AVENUES, SOUTH SIDE.
Vice Chairman Plummer: And, Mr. Manager, without dipping into my colleagues district. I
want you to go look on Northwest loth Street between 2nd and 3rd Avenue on the south side of
the street, just under the expressway. Without a doubt, the most deplorable scenario that you can
find in any slum area, this far exceed it. It is absolutely atrocious. I mean, it is collecting
garbage by the ton. And I would hope that we could get it demolished, if not, make the owner
clean it up, and board it up.
END OF DISCUSSION -- NO ACTION TAKEN
167 March 24, 1998
45. EXPRESS SUPPORT FOR SENATE BILL 1478 AND HOUSE BILL 382 --
FOR PROTECTION AND RELIEF IN HOMEOWNERS INSURANCE
MARKET.
Vice Chairman Plummer: Mr. Hernandez, do you have pocket items?
Commissioner Hernandez: No.
Vice Chairman Plummer: Thank you. Mr. Gort, pocket items.
Commissioner Gort: Yes, I do, and a copy was sent to every one of you. The Honorable Bill
Nelson, State Treasury and Insurance Commissioner is proposing comprehensive legislations in
the 1998 session, to provide needed relief and protection for Floridians in the homeowners
insurance market. Attached you have documents detailing the information. I would like to pass
this resolution supporting that.
Vice Chairman Plummer: Boy, I'll tell you.
Commissioner Teele: Second the motion.
Commissioner Regalado: I, I...
Vice Chairman Plummer: There is a second. I want to tell you, and I can speak... Mr.
Regalado, first.
Commissioner Regalado: Yeah. Remember, Commissioner Gort, that this Commission also
about two or three months ago. I think it was two months ago, approved one pocket item that I
brought regarding supporting this bill in the state legislature, the same bill. But, then, we don't
have a lobbyist.
Vice Chairman Plummer: Well, relinquishing the gavel to whoever wants it, I want to tell you
something.
Commissioner Gort: You can't.
Vice Chairman Plummer: The...
Commissioner Gort: Nobody wants to take it. Nobody will take it. That's it. Call the question.
Vice Chairman Plummer: Good. I am now the dictator. The people of this community and the
State of Florida are getting ripped off. Mr. Manager, I don't know what we can do. I know we
are a local municipality, but when we talk about people leaving Dade County because they can't
afford the taxes, that's not the only item. Thank God, I can afford the taxes on my house of five
thousand dollars ($5,000) But, when they did my homeowners insurance the day before
Andrew, it was one thousand dollars ($1,000), one thousand and forty-eight dollars ($1,048). I
just paid for a lot less coverage thirty-two hundred and nineteen dollars ($3,219). For a thousand
dollar ($1,000) deductible rather than five hundred or two percent. And let me tell you, they
don't even want to talk about my satellite dish. They don't want to talk about anything except
more premium and less coverage. I have just been thrown out of JUA (Joint Underwriters
Association) and put into a private company who tells me it is a privilege for me to belong.
168 March 24, 1998
Now, I am saying to you, Mr. Manager and Mr. Attorney, something in this City is not the
scenario of taxes of... only reason people are leaving this community. When you are talking
about a homeowner having to put out seven, eight, nine thousand dollars ($9,000), it has nothing
to do with the other. We have got to have relief. Any other discussion? Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-318
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING SB1478 AND
HB3827, THE HOMEOWNERS' PROTECTION ACT, PROPOSED BY THE
FLORIDA INSURANCE COMMISSIONER AT THE 1998 FLORIDA LEGISLATIVE
SESSION; 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 Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
46. EMERGENCY ORDINANCE: AMEND SECTION 54-16 OF CODE:
PROHIBITION OF VEHICULAR ACCESS -- AUTHORIZE FENCE AROUND
MARLER AVENUE AT INTERSECTION WITH DOUGLAS ROAD AND
PLAZA STREET -- TO PROHIBIT PEDESTRIAN ACCESS -- FURTHER
REPORT ON STATUS OF REAL ESTATE SALES AT SAINT HUGH OAKS.
Vice Chairman Plummer: I give the gavel to Mr. Gort. To my colleagues on the City
Commission, I have to pass this emergency ordinance, which I don't like to do emergency
ordinances.
Commissioner Gort: Wait a minute. Could you explain the emergency, please, sir?
Vice Chairman Plummer: Yes, sir. I sure will. I...
Commissioner Gort: You are sure it's an emergency now?
Vice Chairman Plummer: The emergency is, that Commissioner Gort is the secretary of St.
Hugh Oaks and never shows up.
169 March 24, 1998
Commissioner Gort: Good.
Vice Chairman Plummer: So I am burdened with the full 100 percent of the responsibility. And
because of that, we have, and I hate to put it on the record, but to make sure you understand the
emergency, people pulling guns on each other over parking spaces. Two people arrested over
the weekend of trying to run over each other with cars. I have to pass this resolution. If that's
not an emergency, I don't know what is.
[AT THIS POINT, THE COMMISSIONER PLUMMER READ THE ORDINANCE INTO
THE PUBLIC RECORD.]
Vice Chairman Plummer: I so move.
Commissioner Gort: Is there a motion? Is there a second.
Commissioner Hernandez: Second.
Commissioner Regalado: Second.
Commissioner Gort: Moved and seconded. Discussion? Being none, all in favor state it by
saying "aye."
Mr. Walter J. Foeman (City Clerk): No, it's an emergency ordinance, I will have to call the roll.
Commissioner Gort: An emergency ordinance. Sorry about that. Call the...
Vice Chairman Plummer: Call the roll.
Commissioner Gort: ... roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ORDINANCE AMENDING SECTION 54-16
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "PROHIBITION OF VEHICULAR ACCESS," THEREBY
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO PLACE AND
ERECT A FENCE AT CITY EXPENSE ACROSS MARLER AVENUE AT ITS
INTERSECTION WITH DOUGLAS ROAD AND AT ITS INTERSECTION WITH
PLAZA STREET FOR THE ENHANCEMENT OF PUBLIC SAFETY BY
PROHIBITING PEDESTRIAN ACCESS AT SUCH LOCATIONS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
170 March 24, 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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11630.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: May I make a report to my colleagues...
Commissioner Gort: Yes.
Vice Chairman Plummer: ... in reference to St. Hugh Oaks? We have one unit left.
Commissioner Gort: Thank God.
Vice Chairman Plummer: Last night, thank God, I was replaced as president of the
condominium who doesn't own a condo. To my colleagues, you are probably going to get phone
calls about Marler Avenue. The Public Works Department has put everybody on notice, 30 days
on April the 13th... 14th. People who have not removed any and all encroachments on Marler
Avenue, Mr. Kay and Rosario Kennedy are going to drive the bulldozer down and clean and
vacate that entire City -owned parcel. It is bone of contention. It is causing all kinds of
problems. I am saying without question, if you get phone calls and people say to you... tell them
if you have nothing on the encroachment, you have got no problem. OK. Now to my
colleagues...
171 March 24, 1998
----------------------------------------------------------------------------------------------------------------
47. DISCUSS / PLACE ON NEXT AGENDA DISCUSSION RELATED TO
PERMITS FOR CARNIVAL CALLE OCHO.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: I am sorry. The City Manager has two pocket items.
Mr. Jose Garcia -Pedrosa (City Manager): One is a discussion item requested by Commissioner
Regalado concerning the next year's carnival, Calle Ocho and the business of issuing the
permits.
Commissioner Regalado: Yeah. And the reason that the Manager is bringing this, and he's very
gracious in doing that...
Vice Chairman Plummer: You have already had two.
Commissioner Regalado: ... is that I sent... No, I just... I sent it. I think it got there late, and...
But I think it's important because it... The only thing that I wanted to do with this is for the
Commission to hear and approve the special permits that are used during carnival Calle Ocho.
We did not do this last year or this year, and I think it's important, because this event impacts the
whole City of Miami.
Vice Chairman Plummer: Can we put it on the next agenda?
Commissioner Regalado: I, I would really like to do that, because you know, we got time...
Vice Chairman Plummer: Mr. City Manager, you are instructed to put it on the next agenda.
Commissioner Regalado: OK.
Mr. Garcia -Pedrosa: OK.
Vice Chairman Plummer: All right.
----------------------------------------------------------------------------------------------------------------
48. URGE FLORIDA LEGISLATURE TO PASS HOUSE BILL 3427 AND
SENATE BILL 882 PROVIDING FOR FUNDING SOURCE FOR
STATEWIDE BEACH MANAGEMENT.
----------------------------------------------------------------------------------------------------------------
Mr. Jose Garcia -Pedrosa (City Manager): The other is a resolution. If I may pass the copies
out? Thank you. Urging the 1998 Florida Legislature to pass the House and Senate bills to
provide a dedicated funding source for statewide beach management. The reason we are
bringing this to you now, obviously is that the State Legislative session is well under way. Two
more weeks would make a difference, and obviously, this is something that a community such as
ours which depend in large measure on tourism would have... like to have our beach resources
protected with a stable source of funding.
Vice Chairman Plummer: And it reads.
172 March 24, 1998
[AT THIS POINT, COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE
PUBLIC RECORD.]
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: Any further discussion?
Commissioner Regalado: Yes, I... Just brief, very brief, Mr. Vice Chairman. 1 sent the Manager
a memo because there was a wire story out of Tallahassee that said, and this is along those lines
that the State was sending to counties and cities some money for hurricane preparedness in the
coastal areas. And I... I believe that the City should apply. I guess, we would have to do it
through the County. So, I just wanted to remind the administration that we should do that.
Vice Chairman Plummer: Thank you, sir.
Vice Chairman Plummer: To my colleagues, would you like to take a ten minute break before
we go into...
Mr. Walter J. Foeman (City Clerk): Excuse me. I need to call the roll.
Vice Chairman Plummer: ... the budget?
Mr. Foeman: I need to call the roll on this item.
Vice Chairman Plummer: Call the roll.
173 March 24, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-319
A RESOLUTION OF THE COMMISSION OF THE CITY OF MIAMI, FLORIDA,
URGING THE 1998 FLORIDA LEGISLATURE TO PASS HB3427 AND SB883
WHICH PROVIDES A DEDICATED FUNDING SOURCE FOR STATEWIDE
BEACH MANAGEMENT, AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: To my colleagues, would you all like to take a ten or fifteen minute
break? Willy, you want to take it?
Commissioner Teele: Please?
Vice Chairman Plummer: OK. You got it Toyota. Should we make it, say seven o'clock sharp?
Commissioner Gort: No.
Commissioner Regalado: No.
Commissioner Hernandez: No.
Vice Chairman Plummer: What time?
Commissioner Gort: Six forty-five.
Vice Chairman Plummer: Six... Is that a Latin time or American time?
Commissioner Regalado: Latin.
Commissioner Gort: American
174 March 24, 1998
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 6:34 P.M., AND RECONVENED AT 6:46 P.M.,
WITH ALL MEMBERS EXCEPT COMMISSIONERS
HERNANDEZ AND GORT OF THE CITY COMMISSION
FOUND TO BE PRESENT.
49. RECONSIDER AGENDA ITEM PZ-16 AT NEXT COMMISSION MEETING --
SEE LABEL 40.
Vice Chairman Plummer: What item are we taking up first? Commissioner Regalado and Teele,
there are two issues before the Commission remaining. One is the legislature and the other one
is the budget, which I think would probably take more time than the first one. Commissioner
Teele, give me your wisdom.
Commissioner Teele: I think we should take up the state legislative items. I am interested.
Does the Manager have a document?
Vice Chairman Plummer: We don't even have a Manager.
Commissioner Teele: Does the Manager have a document related to the budget?
Vice Chairman Plummer: He indicated to me, he is prepared. OK.
Mr. Garcia -Pedrosa: Very good.
Vice Chairman Plummer: I would sure appreciate my other two colleagues getting in here.
Mayor Carollo, I am about to notify you, sir, that we are about to take up the legislative process.
You asked to be notified at such time. I am only waiting for my other two colleagues to show
up.
Vice Chairman Plummer: I now have one more. And, that one who said that he didn't want to
wait 'till seven o'clock, he wanted 6:45 sharp is not here. No, not you, the skinny devil. Are
any of you folks in the audience still here on an item, either the legislature or the budget?
Because, everything else is said and done, and gone. I mean, you are more than welcome to stay
for this sitcom, but...
Mr. Albert Valdez: I was informed by two different departments that...
Vice Chairman Plummer: Would you come to the microphone, sir.
Mr. Valdez: Yes, sir. My name is Albert Valdez. I live at 2480 Amoco Avenue. I was
informed by Planning and Revitalization, also from the NET (Neighborhood Enhancement
Team) that P... P&Z item 16 would be sometime after seven o'clock. This is the first... I walked
in, and I see that's been denied. And...
Vice Chairman Plummer: That is correct, sir.
Mr. Valdez: Yeah, I realize that, but I informed by Ellie Haydock and from Francisco Garcia
that this would be after seven o'clock, and there is other people that are going to show up.
175 March 24, 1998
Vice Chairman Plummer: That's the danger.
Mr. Valdez: Yeah, I know.
Vice Chairman Plummer: Sir, I would have to tell you that it passed unanimously. Now, if it
didn't pass unanimously, I might say to you, when I say passed unanimously, the motion was to
deny.
Mr. Valdez: Denied. OK.
Vice Chairman Plummer: OK. If it didn't pass unanimously, I might say to you, sir, that we
take it up for reconsideration predicated on one of our people allegedly made a mistake.
Mr. Valdez: But, I also understand that Francisco Garcia was supposed to be here and he...
Vice Chairman Plummer: They were here, sir.
Mr. Valdez: ... he made some comments. Well, I don't know what he stated, but he said that
there was supposed to be a committee drawn up to discuss this particular issue that never...
Vice Chairman Plummer: Mr. City Attorney. I, you know, I feel bad some of our people
allegedly made a mistake, and what should we do to try and correct that mistake?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Actually, Commissioner my
recommendation to you would... This is item 16. The applicant was the City of Miami.
Vice Chairman Plummer: I stand corrected. Sir, it was unanimous. Mr. Regalado did vote
against the ordinance. I stand corrected. Is there a way to try to rectify a mistake.
Mr. Maxwell: Well, you can always move for reconsideration, if you want to readdress it. The
applicant was...
Vice Chairman Plummer: All right. Does any of my colleagues...? Does any of my colleagues
wish to move for reconsideration?
Commissioner Teele: Yeah, in moving to reconsider, you would have to have another hearing.
Vice Chairman Plummer: I understand that, sir.
Commissioner Teele: In other words, a motion to reconsider, and correct me, Mr. Attorney,
would only vacate the previous vote, but we could not hold a hearing today.
Vice Chairman Plummer: OK, is there a motion?
Mr. Maxwell: Well, you... This is still... You have not... You have not adjourned this particular
public hearing. However, everybody that was here for that item has gone home, and the
applicant...
Vice Chairman Plummer: That's correct. If it is to be reconsidered, the chair will so rule that it
will be at the next Commission meeting on Zoning, all right? And, I think that's within my
purview. Is there a motion to reconsider?
Commissioner Regalado: Move it.
176 March 24, 1998
Vice Chairman Plummer: There is a motion on the floor. Is there a second? Is there a second?
Is there a second? The motion dies for the lack of a second. Sorry, sir. We tried.
Mr. Valdez: Thank you.
----------------------------------------------------------------------------------------------------------------
50. DISCUSS CITY'S LEGISLATIVE PRIORITIES -- DIRECT CITY MANAGER
TO GIVE PRIORITY TO CITY'S LEGISLATIVE LOBBYING EFFORTS IN
TALLAHASSEE TO SUPPORT HOUSE BILL 3411 (SOUTHEAST
OVERTOWN PARK WEST REDEVELOPMENT DISTRICT INCREMENTAL
TAX REVENUES.) -- NOTIFY MIAMI-DADE DELEGATION, FLORIDA
LEAGUE OF CITIES AND DADE LEAGUE OF CITIES -- FURTHER
REQUEST WRITTEN AGREEMENT FROM OVERSIGHT BOARD TO
ENSURE TIMELY PROCESSING OF CONTRACTS.
Vice Chairman Plummer: Is there anyone here otherwise for the purposes of either the
legislative management or budget modifications? Mr. Gort. All right.
Commissioner Gort: Are those the only items we are going to be discussing?
Vice Chairman Plummer: They are the only things left. And if Maria's Greek Restaurant closes
before that, sir, you are in trouble, because it's your fault. All right, we are taking up the
legislative session, Mr. Carollo, do you wish to be heard on the issue? For the record, would you
state your name and mailing address?
Mayor Carollo: Who else wants to be presiding... By the way, Commissioner, let me
congratulate you for doing a fine job today.
Vice Chairman Plummer: Thank you, sir. They have made their determination to make these
short. When I can't speak, I am permanent chairman, so go ahead.
Mayor Carollo: I just wanted to address this body briefly on this item. The agenda says, a
resolution adopting federal, state legislative priorities for fiscal year 1998. Expressing priorities
among its concerns for the upcoming federal, state legislative sessions. This is almost a bad joke
talking about expressing priorities for the state legislative session when we have missed the boat
in this, just about totally. This should have been done some time ago. The ball has been
dropped. It's been dropped from the office upstairs, the office downstairs, and to make it clearly,
I am talking about the Mayor's Office, the Manager's Office, and it's been dropped by the
people that this is assigned to. Now, I understand that there were some problems with the
Oversight Board approving this contract, but nevertheless, all the individuals involved in this
knew the time constraints that we were on, all of us, every City in Florida was under with the
state legislature. I think that the only way that we are going to get any amount of dollars is by
each of us trying to use our contacts as best we can in Tallahassee, to try to get at least some of
the dollars that we would have gotten otherwise if the ball had not been dropped. The City of
Miami stands to lose millions of dollars by this having happened. The only thing that I want to
say is, that it is up to this body to decide, to chose whom you want to represent us, the City of
Miami as your lobbyist in Tallahassee. I just would very much be appreciative if we do not pay
any monies for work that has not been performed. If anything, I would like to see who wants to
take the responsibility for the negligent that is going to cost this City of Miami, hundreds of
thousands of dollars. That's the only point that I want to make. I don't know what work there is
177 March 24, 1998
for anybody to do at this point in time. It's... You know, we missed the timetables, and I don't
think that we should be talking about paying tens of thousands of dollars to any firm, I don't care
who they are, at this point in time. What we need to do now, is to try to regroup as best we can
and to see what fundings we possibly might be able to get through conference and get through all
of our mutual contacts in Tallahassee. If any of you would like to...
Vice Chairman Plummer: I'll make a comment, if I may?
Mayor Carollo: Certainly.
Vice Chairman Plummer: As we all know, that there have been troubled times in this City. And
I am not finding fault, I am not finding blame. But, soon after the election of November, this
Commission did make a decision in December, and I think it was December the 9th in which we
did in fact select a firm to lobby for the State of Florida. I have to tell you, until day before
yesterday, I was not aware that that contract was not fully implemented. Nobody ever told me I
can't speak for my colleagues, that the Oversight Boardhad a problem or wanted it modified. I
was traveling under the full impression that matter was a go item, and I was shocked when I read
in the paper that the City of Miami didn't have a lobbyist. I thought we did. I thought that this
Commission in December did in fact, make a decision. And if I find fault, I don't know whose
fault it is, and I am not looking to find out whose fault because it's history and it's spilled milk
that I, and maybe some of my colleagues, who were like myself and didn't know that contract
was in effect. That to me, is where the problem occurred. So I just want to put on the record
that this Commissioner on the 9th of December voted for a contract for a firm to handle the
lobbying in Tallahassee.
Commissioner Regalado: I can...
Commissioner Gort: Well. Mr. Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Regalado: Go ahead.
Commissioner Gort: I would like to add, part of the things that we did, when we made a
decision, we also instructed, and I personally called staff and we talked to staff. And at that time
the persons that were in charge of doing it for the past for the City of Miami were no longer
employed by the City of Miami. My understanding is, it was one department, one personnel that
was in charge of every year coming to all of us, getting their priorities from us putting the
package together, and that person was no longer with the City at that time when that took place.
For that reason, I think the new Manager is coming in and the new changes taking place, it took
them a little while to put their priorities together. But my understanding is, we voted on this
priority in January, and that was presented. The whole package was presented to us. And I, like
J. L. Plummer, was never told that contract was never accepted.
Vice Chairman Plummer: Commissioner Regalado.
Commissioner Regalado: I did a long interview the other day for the radio with Senator Tony
Jennings and then with Dan Webster, and they said that contrary to what they have done in the
years past, they will try this year to get the budget resolved as the first issue, and the budget
should be done with in about a week and then the Conference Committee. So whatever we are
going to do, if we hire, if we don't hire. If we pay, or if we don't pay. It's little that we can do
now except to work with the Dade County Delegation and the people from other areas to get
what we feel we deserve. I... I have good friends in the legislature and these friends, I am sure
that they are going to come through for the City of Miami because they all love the City of
178 March 24, 1998
Miami and they are going to work. Senator Goodman, State Representative Rudy Garcia, Luis
Morse, Bruno, and Carlos Valdes, they all have told me that they would try to work out in
conference some budget. I know that the Mayor requested some money from Senator Goodman,
and I believe... I spoke to him on Sunday, and I believe that he is convinced that he can bring
more than what the paper said that he was able to get.
Mayor Carollo: Well, that's obvious, Commissioner. However, no matter how hard they all try
to bring the maximum for us, no matter how much all of us work to try to talk to our friends up
there to help, we are out in the cold, and we are not going to get anywhere near as much as we
would have if the ball had not been dropped and things would have been done right. And all that
I am saying is, Commissioner Plummer is right. What's happened has happened, we can't go
back to the past. We have missed the boat on that, and there is nothing we could do. However, I
do have a responsibility to ask and request that we don't throw additional monies out the door
and pay anybody fees when there is nothing that any lobbyist could do for us at this point in
time. And I think that certainly, the lobbyists that have called me, including the lobbyists that
were contacted a couple of weeks ago by the people that were awarded the contract originally,
they were trying to subcontract to them. They are willing to help out as best they could no
matter what has happened. Others have, I believe Holland & Knight has offered to help pro
Bono from this point on. But I think we have to be responsible particularly with the financial
problems that we still face.
Commissioner Regalado: You know, Mr. Mayor and Mr. Manager, we seems to have two
parallel governments, the Oversight Board and the City of Miami government. And I only wish
that when the Oversight Board meets and... We will be able to convey the message that
whenever one of those things happen, they should tell us. You know, they should send a memo
to the Mayor and to the Commission saying, we just rejected the contract to build two towers in
Downtown Miami, because, you know, we are talking to the press and telling the people of
Miami we are going to do this, we hired a lobbyist or whatever, and they just decide to reject...
Vice Chairman Plummer: I keep telling you.
Commissioner Regalado: .. and we don't... We don't know, because, I mean, we have to read
The Herald to find out that... what is the Oversight doing. And I have attended several meetings
with the Oversight Board in many, in no official capacity. I am really sad that Commissioner
Teele decided not to represent anymore, the Commission, several weeks ago, because I think that
the Commission should have something there, somebody there and the Mayor should be there
but they need to tell us what is going, because we just don't know. I didn't know that the
contract was rejected, nobody told me. But, I just hope that somebody will convey to the
Oversight Board the need for the Commission to be informed.
Vice Chairman Plummer: I continue to say, they can't operate in a void, but they continue to
operate in a void.
Commissioner Hernandez: No, I would like the floor.
Vice Chairman Plummer: Mr. Hernandez.
Commissioner Hernandez: Mr. Mayor, let me tell you this. Obviously, you weren't here four
months ago, or five... three months ago. I can tell you, speaking as Chairman, former Chairman
of this body up here that we did what we were supposed to do. I can tell you that we chose a law
firm to represent us in Tallahassee. I can tell you that we personally voted on priorities. We sent
priorities to the City Manager's Office, and I was the first one to hear the rumor that the
Oversight Board was not going to pass this contract that we had approved with this law firm. I
was surprised. I know that we were talking about possibly one hundred and thirteen thousand
179 March 24, 1998
dollars ($113,000), I believe the number was. And if there is someone that dropped the ball on
this issue, and I was very surprised it was the Oversight Board, because I don't know where they
are coming from. Did they expect us to have free lobbying services in Tallahassee? Did they
expect pro bono attorneys? Maybe, you should know the answer because you were there
recently, but I was very disturbed and I asked and nobody had an answer. It was a limbo
question. Oh,.supposedly, they are not going not to pass it. Mr. Beatty never had an answer for
anyone and it was up in the air, week after week closer to the legislative session. Nobody had an
answer for this Commission, and all of a sudden now, we have no firm to represent us. All of a
sudden it's too late to do anything in Tallahassee. I think the ball was in the court of the
Oversight Board. They dropped the ball, and they should be responsible for whatever problems
we have in Tallahassee right now, and I can tell you, we did what we were supposed to do in
your absence.
Mayor Carollo: Commissioner, I appreciate the history that you have given me through the time
that I was not here, but the Oversight Board, it's my understanding, did notify the City of Miami.
If the Commission was not notified through the proper channels, and obviously, none of you
were notified, it's not the Oversight Board's fault. It's not your fault that you were not notified.
You took whatever action as a body that you so... it seemed you had to take to have
representation in Tallahassee, so that there will be lobbying firm that will lobby in Tallahassee.
The bottom line is, that you were not informed. The City of Miami was informed however, and
the appropriate people that are responsible, or were responsible to carry the policy of this City
forward, should have been, if they weren't aware of the timetables that were involved. And if
there were any problems that were happening at the time, it should have taken the appropriate
measures so that this City would have been represented in Tallahassee.
Vice Chairman Plummer: Commissioner Teele, comment.
Commissioner Teele: Well, I wish human nature isn't what it is, but we all are what we are and
human nature is what it is. Now, I don't have a lot of patience for the kinds of charades that this
Commission engages itself in, and quite frankly, I am somewhat surprised that the Mayor would
come today and do what the previous Mayor did. Now, let's be very clear, and I have the
highest regard for Mayor Carollo. But, I am not about to start playing games. So we need to be
very clear, and everybody needs to figure out how you are going to face yourselves in the
morning, and as we go through this process for the next two and four years. Now, Mayor, your
predecessor for four months spent the better part of those four months trying to undo things that
you had done. I told him privately, and I told him publicly, I will not be a party directly or
indirectly, to playing these kinds of games. Whatever the Commission has done, whatever
Mayor Carollo did, as long as it was done in a proper way, I support it. Mayor Suarez spent the
better part of four months trying to reverse a contract given to a law firm related to the Deloitte
& Touche privately with me, publicly with me. He went to the Oversight Board, and it was
almost a hysteria to undo that. They even said that it was done on a three to zero vote on a
Saturday, nobody was around, and you can't argue... you can't support that. But the
Commission voted, and the Commission did it. And I think the one thing that we have to stand
for is that we are going to be a government of systems, procedures, and laws, and not of
personalities.
Mayor Carollo: Absolutely, Commissioner. I am in full agreement on that.
Commissioner Teele: Mayor, I have said, from the very beginning that there is a role for the
Mayor and there is a role for the Commission. And one of the gray areas that I have said
repeatedly is that the lobbyists, the representatives for the City in Miami... in Washington, in
Tallahassee is an area that 1, as a Commissioner, and I have said this on the record, three or four
times, that I believe that the Mayor should have the greatest amount of latitude. I used the word
"deference" that this Commission should give "deference" to whoever the Mayor wants to
180 March 24, 1998
represent him or her in Washington and Tallahassee. There is no rule on that. It's a contract.
We decide contracts. But I publicly acknowledge, Mr. Mayor, that whoever you want to
represent you in Tallahassee, I want to be for it, even if I don't like the firm. I want to be for
them. Because I think you were elected to lead this City. But we have a situation whereby this
Commission voted, quite frankly for a Mayor that I had a 180 degree philosophy with about the
role of the Oversight Board, and what the City ought to be doing in Tallahassee. But I said here
publicly, I don't agree with you, Mr. Mayor, but the people elected you, and this Commission
has voted on a contract, supports that contract, and I am going to support the process. Now, I
want to read a letter which I have never made public that was given to Mr. Beatty on January
13th. And it says:
"Dear Mr. Beatty: It has come to my attention that you have
expressed concern about the validity of the engagement of
outside counsel for the Deloitte Touche lawsuit. The Mayor's
pronouncement, Mayor Suarez' pronouncements, to the Oversight Board that the fee
agreement with counsel should be
withdrawn has no legal effect or impact."
I didn't like writing a letter like that, but that Mayor was running around with the Oversight
Board playing a game of chicken trying to get everything that you had done, everything that this
Commission had done, overruled. And I stood there in the door and protected you, not
personally, but.you as the Office of Mayor and this Commission, and I didn't win any friendship
with that with Mayor Suarez or many of the people around him. And it went so far as to outline
every time that it was done, it said "... by way of background on November 1, the Commission
passed a resolution for a fee agreement which was adopted and scheduled with Tim Gardner."
And it went on, and on, and on. And Mayor, what I am trying to tell you is this, I will support all
of the positive agendas that you put forth, but I think to start now, playing around and
revisiting... Look, we...
Mayor Carollo: How am I playing around, Commissioner, please, can you explain that to me.
Vice Chairman Plummer: OK...
Mayor Carollo: Let's get on the record who is playing around and who is not?
Vice Chairman Plummer: Mr. Mayor, I...
Mayor Carollo: In fact, you know, excuse me.
Vice Chairman Plummer: No, I'll ask you to let him finish...
Mayor Carollo: Thank you.
Vice Chairman Plummer: ... and then you will have the floor.
Mayor Carollo: Thank you.
Commissioner Teele: I think we need to be very careful when we start undoing contracts, and I
for one, will not be a party to that. I am going to tell you right up front. When this contract
expires at the end of the year, and even if there is a technicality that... that the Oversight Board
maybe attempting to address, I believe that it is a dangerous precedent for this Commission to
engage itself in reviewing contracts based upon personalities and based upon issues. Now, let
me go further since you...
Mayor Carollo: And I am in agreement with that last statement, fully.
181 March 24, 1998
Commissioner Teele: Well, let me go... Let me go further, and make my point.
Mayor Carollo: Please do.
Commissioner Teele: I have said to the lawyers involved in this, that they cannot represent you,
this City ethically, if they continue to attack you on radio...
Mayor Carollo: That's their prerogative. I am not here because of that Commissioner.
Commissioner Teele: No, no, Mr. Mayor, I am not engaging in a debate with you, I am telling
you what I said, because I take this obligation and I take the responsibility very seriously, that a
law firm when it is engaged has an obligation to its client. I am well aware of what is going on
around the essence of this contract, to the extent that I am concerned that the law firm that has
been engaged should conduct itself in an appropriate manner as it relates to the canons of ethics.
The code... the canon and the code. I have stated also to principles in this, that I believe that the
Mayor has the right, as we move to the next session of the legislature to select and engage its
own people. But I am... I am keenly aware, Mr. Mayor, that we need to be a government of rules
and procedures as it relates to our contractual obligations. If we begin to start opening up
everything that has been done in the past, I think we are going to start...
Mayor Carollo: Commissioner, I am in full agreement with your statements that we have to be a
government of rules and procedures, of law and order for all to follow. I am not here this
evening to be pleading with one firm or another, or to be asking for a contract to be denied or
approved. Somehow, I think maybe, you missed the point, or maybe I haven't explained myself
well enough. I am not here even to suggest whom this Commission should chose as its lobbyist
or representatives in Tallahassee or Washington or Timbucktu. 1, first of all would like to go
back into history a little bit, because some of the things that you mentioned with the Oversight
Board and the previous Mayor has nothing to do with me, has nothing to do with the item that
we are discussing here today. I purposely, the four months that I was absent from this body,
never spoke to a single member of the Oversight Board during that whole time, so that no one
could ever accuse me of trying to interfere of trying to interfere in anything between the
Oversight Board and this Commission. And I even went further than that. I purposely stayed
away from making any public declarations or statements in radio, in TV, in the press, on any
matters relating to the City of Miami because I thought that was the proper thing to do.
However, whether the Oversight Board has approved the contract that this Commission
approved, like your legal right, it is to approve it, even though going to history there was a
contract before that one. If we are going to talk about law and order, about rules and regulations,
there was a contract that this City had that was valid for another two years with a lobbying firm
to represent us in Tallahassee, that was Holland & Knight. Lobbyists that were chosen several
years before I even returned back to the Commission even before I became Mayor. I had
nothing to do with that. That was done before I came back here. Maybe, I was happy with it,
and maybe I was not, but I did what we both, I think you are in agreement, that should be done,
you abide by previous decisions, contracts of this body. I am not here to say that we should
break a contract or not. I don't know if we have a contract that's valid or not. I am told by some
that the Oversight Board did not approve it, then I am hearing that it has been approved. I don't
know what the case is. What I am saying is, that this Commission has every right to enter into a
contract to chose the lobbyist that he so wishes for one year or longer. And I am not even going
to get into the reasons that we all know why the changes were made, and the rules and
regulations, the law and order was not followed with the previous lobbyist. We all know that.
So, I am not going to come here and play around, and do to others what they've done to me.
What I am here to say is, that what are we going to pay them for this year? What have they
done? I don't care who the firm is or was. What has been done? What I am saying is, that if we
are going to pay anyone for lobbying services in Tallahassee, they have to work and produce,
182 March 24, 1998
Commissioner. And all that I have heard was, when I received a call from our mutual friend,
Ron Book [phonetic] that he and Mike Abrams wanted to meet with me. They stated to me that
just a couple of weeks ago, the firm that this body chose, and it was your right, to represent us in
Tallahassee had not done anything up until that point, until they contacted them to subcontract
the work that you gave them to do, so that Mr. Book and Mr. Abrams would be the
representatives in Tallahassee at a much lower rate than what you offer this firm. They
subcontracted that. Now, the bottom line is, I would never, never come here and tell you, you
can't chose this firm or the other. And I appreciate that you made the statements, that you want
to listen to the Mayor. I appreciate that. But I would never come here and say, no, don't vote
for this firm, or vote for that firm because this firm supported me or supported you or supported
whomever, or didn't support us. That's your decision to do. What I am saying is, that I do not
want to see this City of Miami after we are going to lose hundreds of thousands of dollars
because the ball was dropped. I do not want to see this City be paying the bills, the full bills that
we have to look at for work that has not been performed, Commissioner, and I think in that, Art,
you should be in agreement with me also. If people have performed a job, we should pay. But if
they haven't performed the job, why should the residents of Miami have to pay? That's all that I
am saying, Commissioner.
Vice Chairman Plummer: Mr. City Attorney, or Mister...
Commissioner Teele: Mr. Chairman, before you start.
Vice Chairman Plummer: I am sorry. Mr. Teele.
Commissioner Teele: I was cut off by the Mayor, and I am going to be respectful, always.
Mayor Carollo: Yes, sir.
Commissioner Teele: But, I am going to finish what I am saying, before you all start cutting up,
before everybody starts cutting me up.
Vice Chairman Plummer: Without question, sir.
Commissioner Teele: All right. As I was saying, and Mr. Mayor, thank you for inserting your
views on this. And I want to give you a slightly different view. But I can tell you one thing, that
I have sat here as a Commissioner for four months, I have never uttered, to my knowledge, an
unkind word about the Oversight Board. But, I got to tell you, I mean, I think the culprit here is
the Oversight Board. Now, I have gone to the board meetings, I have watched the board
function. I have sent the board letters. I have talked to the Clerk's Office, talked to the
Attorney's Office, talked to the Manager. There is a lot of procedural problems. We are
transferring from a Manager -Commission form of government to an executive form of
government with an Oversight Board, and we really haven't worked out all of the systems of
how paper flows. But I am prepared, if somebody would second the motion. I am prepared to
instruct the City Attorney to file a mandamus against the Oversight Board. Because I am going
to tell you something, until we let the Oversight Board know that we respect their authority, that
they have got to respect our authority, this thing is going to get off track. Now, I wrote Mr.
Beatty another letter on January 20, and I told him at that time, and it said: "Mr. Beatty: This
letter is memorializing our conversations that we have had regarding concerns that you have
expressed. An identical copy of this letter was forwarded to Mr. Wolfe, the executive director.
After discussing with Walter Foeman the process involved in tracking legislative actions, I am of
the belief that timely receipt of you by legislative actions should foster better communication.
And Mr. Foeman has given me assurances that he will include you in future mailing lists of
marked up agendas, committee clerk reports and verbatim transcripts." Now, what we said to
Mr. Beatty at that time, is that once legislation is approved, a contract may take two months,
183 March 24, 1998
three months, four months. But the Manager is restricted in that contract to what has been
approved. So rather than waiting on contracts, it would seem appropriate that you would review
the Commission decisions. And I went to Mr. Foeman and asked him to provide a legislative
markup... to Mr. Beatty and them. Have they been getting that?
Mr. Walter J. Foeman (City Clerk): Yes, they have.
Commissioner Teele: So, in other words, after every Commission meeting, there is a legislative
markup by the Clerk of everything that is passed. A contract may be required under the
Interlocal Agreement. But I think we need to look at this matter very closely, Mr. Manager, Mr.
Attorney, Mr. Mayor. We need to take a strong judicial action and force the Oversight Board to
get on a clock with us, because we cannot afford to get on a clock with them. If they are going
to begin to hold actions and wait for contracts, when in fact, all over government actions begin
when the legislative clock, a window has closed, and it... and this is the normal course of
business. Then I think we really are doing ourselves and the citizens of this City a real
disservice if we don't go in and either clarify this voluntarily or seek a mandamus action
requiring them to either act or not act within a timely point of view, because they should not
have 90 days or 120 days, or whenever the heck they get around to it to act. And this is not only
the case with this, it was the problem with the letter in which, you know, they tried to rescind
the... Deloitte & Touche agreement that had been done, well before I was elected. They spent a
lot of time debating that they wanted to bring it to them to reject because the same kind
shenanigans was going on. Mayor Suarez was up there saying to them, reject this agreement and
we will send you a new agreement up with the new law firm and all of this kind of stuff. The
same thing happened on the contracts related to the external auditors. Mr. Manager, on the
external auditors, we had the same problem. And I think at some point, you know, government
needs to have some degree of regularity. And so the one thing that is becoming very clear to me,
is that the Oversight Board has become, knowingly or unknowingly, the place where everybody
can run to, and go and get things reviewed a second time around. And that's not the reason and a
role for... I respect the Oversight Board. But I think the Oversight Board must respect a
legislative process and a legislative window. Finally, let me just say this. I am very, very
concerned because I have had at least two conversations with the Mayor and, and... the only
thing that I have talked about is House Bill 3411. That's the only thing that I have talked with
the Mayor about. House Bill 3411 will bring more money than all of these turkey appropriations
that you all can stick in if the Governor was supporting it or not supporting it. House Bill 3411
represents probably close to four million dollars ($4,000,000) a year to the tax increment district
to the CRA (Community Redevelopment Agency) which would free -up money. It would free -up
Police. It would free -up Fire. It would free -up all the kinds of things, especially in the areas that
we are talking about. It would literally take, as far as I am concerned, the Overtown station out
of the general fund and put it on the tax increment fund. It would take a new downtown station
there. House Bill 3411 means a minimum of four million dollars ($4,000,000) of reoccurring
money for the next 30 years. OK, this is one hundred million dollars ($100,000,000) ticket item.
And for the Mayor to stand up here and say there is nothing left to do and... and for the
Commission and the Manager to basically be in a position of saying, we got to get turkey money,
I am not down with the deal, gentlemen. I am not down with that kind of deal. What we need is
solid legislation that changes structurally how the City of Miami operates. If we get three
million dollars ($3,000,000) to clean up some lots, that's not going the change the budget of the
City of Miami one bit, in terms of a reoccurring item. Mr. Mayor, I appeal to you, because I
know you've been to Tallahassee, I don't if you talked about this deal.
Mayor Carollo: I have not been to Tallahassee, since I have been back.
Commissioner Teele: Well, the press reported that you were there. I apologize.
Mayor Carollo: No, no, they did not report that I was there.
184 March 24, 1998
Commissioner Teele: Well, see, I was under anesthesia, and I don't know what I read then. So,
I apologize.
Vice Chairman Plummer: You are not always right.
Mayor Carollo: I could understand how that happens, Commissioner.
Commissioner Teele: But, but let me just...
Mayor Carollo: I will gladly go up there with you to lobby for this senate bill.
Commissioner Teele: Mr. Mayor, this bill only would do one thing. And let me be very clear,
what this bill does, is rather than using solely the property tax values and the tax increment, it
will allow for any new revenues within the CRA area that are based on sales tax to be placed into
the docu... into the tax increment. Redefining the boundaries just a few blocks east of Biscayne
Boulevard, OK. To where that little arena is being built...
Vice Chairman Plummer: Huh.
Commissioner Teele: ... and a few feet out into the water where Parrot Jungle is being built, will
automatically, instantaneously generate five million, three point five to five million dollars
($5,000,000) of reoccurring money for the next 30 years. The bill is drawn in such a way that
only the City of Miami could comply, because the fact of the matter is, it requires high
unemployment of at least 18 percent in the census tract area and poverty in the amount of at least
50 percent. And there is only one area in the State of Florida that can make those kind of
numbers, that's Overtown. And using the Overtown poverty, what we are talking about is a bill,
this year. If we don't pass that bill this year, if that arena gets built, and we don't have the bill
passed, the increment is gone. So we have got a window of about 12 months to get this done,
and it quite frankly is going to require your help, it's going to require the lobbyist's help, the
sponsor of the bill, of House Bill 3411 is representative Carlos Lacasa, and I just want to be very
clear. I don't want to do anything to upset Representative Lacasa until this bill is passed, and I
am being very, very... quite candid about this, Mr. Mayor, because this represents a unique
opportunity. The bill was filed before I was elected to the Commission. The bill was filed by
him last year, and I think it's very...
Mayor Carollo: Commissioner, please, I...
Vice Chairman Plummer: Let him finish, Joe.
Commissioner Teele: I think it's very, very important that this Commission understand that
there are activities that can be done by the legislative session this year. These things are multi-
million dollar things. A private sector guy would hire a lobbyist right now. Wayne Huizenga
would come in here and pay someone two million dollars ($2,000,000) to pass this bill. So if we
can get this bill passed, you know, I would really appreciate it. But, I think more importantly,
the citizens of Miami and the budget process would be greatly enhanced. And, so Mr. Mayor, I
would only ask that we work cooperatively together as a team, that is, you the Commission and
all of us over the next 45 days while the session is in order. Because, if we start playing... If we
start adjusting and readjusting now, I think we are asking for trouble. And I appreciate very
much the sincerity that you come here, and I tell you, Mr. Mayor, that I am willing to work very
hard for you and with you, and I respect you as the Mayor of this City, but I really do believe
that to address legislative lobbyists in the middle of the session is inviting the kind of
miscoordination and miscommunications that this all represents that we have been on for 30
minutes.
185 March 24, 1998
Mayor Carollo: Commissioner...
Vice Chairman Plummer: Joe, you have the floor.
Mayor Carollo: ... I appreciate your statements, even though whatever motion you will like to
make or this Commission would like to entertin reference the Oversight Board, it's your
prerogative. I will not get in the midst of stopping you from making any motions. I know also
that there are some other contracts or contract extensions that are quite important before them
that there are people that want to see some quick action like the extension to the Bedminster
contract that's worth millions of dollars, incidentally to some of the same people that are
lobbyists in Tallahassee. And I, I understand that there has to be quick action taken by the
Oversight Board. But whatever motions this body will like to make, you know, you're certainly
entitled to it. I am not here to defend or to attack the Oversight Board. Now, my...
Vice Chairman Plummer: If I may?
Mayor Carollo: If I could finish, please?
Vice Chairman Plummer: Finish, please?
Mayor Carollo: My concern is strictly to, and I understand very clearly, we have known each
other for a long time, and believe me, Art, I fully understand what you have been saying, fully
understand. But at the same time, I just want to make this Commission fully, fully aware that for
the bulk of the action that we will need lobbyists to engage in Tallahassee for at least 90 percent
has passed. And all that I am saying is, if you want to reward any group of lobbyists, I don't
care who they are. I am not putting a name to it, and pay the full price for a year of lobbying
work, for a session of lobbying work that hasn't been done, that's this Commission's
prerogative.- I am glad that you mentioned that Representative Lacasa is going to be helpful, or
at least I understood that. I am sure he is, and that you don't want to get him upset in any way,
and let me add this for the record so that no one would misconstrue this. The fact that State
Representative Lacasa is willing to help has nothing to do whatsoever with the fact that a relative
of his is part of the lobbying team that was hired to be in Tallahassee. Because, I don't want
anybody to go on radio and say anything to the contrary. I... I have known Carlos, he is a very
bright State Representative, an honorable, young, up and coming State Representative. But, I am
here, Commissioner, to work with this body fully. I am here to not do as had happened in the
four past months, on the contrary. To do as was happening in the previous fifteen months before
the last four where this body worked very closely together moving this City forward. I
understand -that it's hard to get readjusted to things when there has been a vacancy for so long in
the Mayor's Office. I understand that. But, you know, soon enough, you know we will get
reacquainted again and get things on the right track again. So I appreciate the opportunity to put
my humble opinion before this body.
Vice Chairman Plummer: Thank you, sir.
Mayor Carollo: Thank you.
Vice Chairman Plummer: Mr. City Attorney, or City Manager, can you inform me, and
hopefully my colleagues, exactly where do we stand? I mean, is in fact, this matter been
approved by this board... the Oversight Board? It hasn't been approved? I mean, somebody tell
me where we are? I know we are in trouble when you two are arguing.
Mr. Jose Garcia -Pedrosa (City Manager): No, no, no. I understand the... First of all, to clarify.
The contract was adopted by this Commission as stated previously, was approved by the
186 March 24, 1998
Commission as stated previously. It was sent to the Oversight Board. It was there for, I think,
all about a week in the month in February, and it's my understanding... then it came back. It's
my understanding that it is back here, and it has been sent for some additional language or, or
exhibits that the Oversight Board had noted weren't there, or for the correction of some figures
concerning reimbursement limits to the Legal Department. And so, it's never been approved
finally by the Oversight Board.
Vice Chairman Plummer: Mr. City Attorney, is that your understanding?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): No, there apparently is some discrepancy
here between what I have been told by my staff and what the Manager has been told by his staff.
So we will have to... we will have to resolve that. I was told this morning that the document had
in fact, well had been sent to the Oversight Board. There was a question by the Oversight Board
as to, as the Manager pointed out. A discrepancy...
Vice Chairman Plummer: Excuse me, would you stop one minute? Would you ask please,
Noreen Reboso to please come for the microphone? I have a question to ask, since her name is
mentioned in the memo. Go ahead, sir. I am sorry.
Mr. Maxwell: OK.
Mr. Garcia -Pedrosa: She is not here.
Vice Chairman Plummer: She is not here?
Mr. Garcia -Pedrosa: Noreen, the secretary?
Vice Chairman Plummer: Noreen Rebosa whose name is mentioned in the memo. I have a
question. Formerly worked in my office. The daughter of Minola Reboso. The daughter of
Nora Reboso. The sister of... I mean, do I have to go any further, who I am looking for?
Mr. Garcia -Pedrosa: _Yes, she is the secretary of Christina Cuervo...
Vice Chairman Plummer: Yes.
Mr. Garcia -Pedrosa: OK. She's not in.
Vice Chairman Plummer: Now, is she in?
Mr. Garcia -Pedrosa: She is not in the building.
Vice Chairman Plummer: She doesn't work after five o'clock. OK, go ahead. I am sorry. I'll
ask it of Christina...
Mr. Garcia -Pedrosa: Christina has the answer...
Vice Chairman Plummer: ... she might know what's going on, but, we'll find out.
Mr. Garcia -Pedrosa: ... whatever the question is, you might ask.
Vice Chairman Plummer: I am sorry. Go ahead.
Mr. Maxwell: That's OK. Apparently, it had been sent. Well, I was informed it had been sent
back, because the Oversight Board said there was a discrepancy between the resolution amount
187 March 24, 1998
for expenses, and the contract amount for expenses. As you may recall, I think there was... You
approved fifteen thousand dollars ($15,000) for expenses in addition to fees and supposedly the
Oversight Board sent it back and said that there was a discrepancy between those two and they
wanted that addressed. I... It was addressed and sent back, I was informed to the Oversight
Board, and the Oversight Board signed it, and then sent it back. But, I was told this morning it
had not been signed by the Manager. If that's so...
Vice Chairman Plummer: The bottom line sir, of... in your opinion, where are we? I mean,
somebody has got to have an answer.
Mr. Manuel Gonzalez-Goenaga: I might have.
Vice Chairman Plummer: No, no, no. Not you.
Mr. Maxwell: OK.
Vice Chairman Plummer: No, no, no. No, no, no. God forbid.
Mr. Gonzalez-Goenaga: I am more aware than you think.
Vice Chairman Plummer: I am scared of that.
Mr. Maxwell: OK, now...
Vice Chairman Plummer: Mr. Mana... Mr. City Attorney.
Mr. Maxwell: And that's what... that's what I was told this morning on the way in, if my
recollection serves me correctly. That it either... it hadn't been signed at that time, or it had been
signed. Frankly, I don't recall...
Vice Chairman Plummer: Oh.
Mr. Maxwell: ... which way... which way... whether or not they said it had been signed this
morning or not. But still, the thing is that it was still in MRC (Miami Riverside Center)
apparently, this morning.
Vice Chairman Plummer: All right. The reason I asked for Noreen Reboso, her name was
mentioned in a memo which I have seen, which at March the 5th, this document was in her
possession, and as such, had not been verified and had not been sent back. Now, if...
Mr. Maxwell: That was the 5th?
Vice Chairman Plummer: I am sorry?
Mr. Maxwell: March the 5th.
Vice Chairman Plummer: March the 5th is what that memo states. So now, since she is not
here, and her boss is, would you please tell me what happened on March 5th and subsequent to
that? No, you will be next to speak, Mr. Lacasa. I am just asking for a clarification from
somebody that works after five o'clock.
Ms. Christina Cuervo (Asst. City Manager): Commissioner Plummer, on the 5th the contract
had been revised as requested by the Oversight Board, was sent back to Noreen, and then,
Noreen, I asked her to forward it to Ruden McClosky so they could sign it. Because any
188 March 24, 1998
contract, as you know, that's signed by the City is first signed by the person that we are
contracting with, or the firm we are contracting with. They did sign it. It was sent back to us,
and then it needs to be signed off by the Law Department, and then needs to be signed off by the
Manager.
Vice Chairman Plummer: Then, .can you tell me where it is right now? Is it somewhere
swimming -down the river, or...? I mean, really. You know, March the 5th it came back by the
Oversight Board as being approved, correct?
Ms. Cuervo: It's been...
Vice Chairman Plummer: OK, so she's forwarded it to where, the Law Department?
Ms. Cuervo: She forwarded it Ruden McClosky who signed it.
Vice Chairman Plummer: OK.
Ms. Cuervo: We received it back, and forwarded it...
Vice Chairman Plummer: And they brought it back, and then it went where?
Ms. Cuervo: Back to the Law Department.
Vice Chairman Plummer: Now, Mr. Maxwell, the ball is in your court. Where is it?
Mr. Maxwell: I'll have to find out. I was told this morning that it was in the Manager's Office.
If it's... if it's in my office, I'll have to find out.
Vice Chairman Plummer: OK, so, nobody knows the answer. All right, Mr. Lacasa, you wish to
be heard?
Mr. Armando Lacasa: Yes, Commissioner. For the record, my name is Armando Lacasa with
the firm of Wood & McClosky. My address is 701 Brickell Avenue, 19th Floor, Miami.
Vice Chairman Plummer: You are next.
Mr. Lacasa: I think that I could shed some light about what has been happening here, and clarify
certain statements that has been made that deviate slightly from the realities. On December 9,
1997, this Commission unanimously approved the contract appointing Ruden McClosky to
represent the City in Tallahassee. Shortly thereafter, we received a draft from the Legal
Department of the resolution, and we proceed to prepare a contract as requested. A contract that
was practically a copy of the exist... of the contract that was existing before with the firm of
Holland & Knight. That contract, and I have a copy here, of the draft. Because, I want to clarify
on behalf of our firm, and especially because of a statement that has been made to the Miami
Herald last Saturday. This contract... this contract was drawn along the lines of a service
agreement that was furnished to us by the Legal Department. In that service agreement, it was
stated that the fees were to be one hundred and eighteen thousand dollars ($118,000), and that
the annual amount of reimbursable expenses was not to exceed the amount of twenty thousand
dollars ($20,000). This is the resolution, the copy of the resolution. I'll pass it to you, so you
can see this. Based on this, a contract was submitted by us to the City Manager's Office which
in turn submitted it to the Legal Department. And eventually landed with the Oversight Board.
The Oversight... In the meantime, and I don't know how, a new resolution was drafted, and the
resolution lowered the amount of the reimbursable expenses to fifteen thousand dollars
($15,000). We did not object to it, we have no problem with the reduction from twenty to fifteen
189 March 24, 1998
thousand dollars ($15,000). But by then, the contract has already been sent to the Oversight
Board. At that point, Mister... Robert Beatty returned the contract and asked for clarification. I
had the opportunity to discuss this personally with Mr. Beatty, and he told me that he had no
problem with the contract, that the only point he has was, that he wanted this matter clarified. So
clarified it was. And as this memorandum from the Legal Department signed by Olga Ramirez-
Saez, dated March 16, 1998 states since March 5th, they have had this contract reviewed
according to the provisions of the new resolution and in accordance to the directive of the
Oversight Board in their hands. And for whatever the reason, it was not sent to the Oversight
Board. But it goes on. In the meantime, and here goes one clarification about remarks made by
the Mayor concerning we subcontracting with Ron Burke and Mike Abrams. The firm of Wood
& McClosky have not subcontracted with anybody. Ron Burke and Mike Abrams are working
in the firm of Ruden McClosky out of our Tallahassee office for things other than this contract
with the City of Miami, since time was going on, the legislation... the legislative session has
already started and we didn't have a contract, we took upon ourselves, and at our risk and
without any responsibilities to the City of Miami, to ask Mr. Burke and Mr. Abrams to represent
the City, unofficially, I would say. Because since we did not have a valid contract, because it
was not approved yet, by the Oversight Board, we could not represent that we were actually the
lobbyists of the City of Miami in Tallahassee. Notwithstanding that, all throughout this period,
from the first day that the legislative session started, up to today, Ron Burke and Mike Abrams,
working for Ruden McClosky, not as subcontractors, have been representing to whatever the
extent, the City. As far as the question of the legislative priorities and what has been done so far.
As far back as February 2nd, 1998, the City Manager's Office furnished us with a list of the
legislative priorities. And 1, myself, discussed them, item by item and made remarks and we add
wording to it, in working in cooperation with Assistant City Manager, Christina Cuervo. This
list of legislative priorities was given to Ron Burke and Mike Abrams as far back as the end of
February, 1998, prior to the beginning of the session of the legislature. And it is with this list
that they have been working up to now. Where are we now? We have continued to do the very
best we can, under the circumstances for the City of Miami. Where do we intend to go? We
intend to go with our contract, if you so see that fit. In the same terms and conditions that it was
approved on December 9, 1997. As far as collecting fees or expenses for work we have not
done, that is completely besides the questions because we are charging one hundred and twenty-
five dollars ($125) per hour, and we are to bill per hour, and we cannot collect any monies that
we have not worked for. And as far as expenses are concerned, we haven't billed a penny,
because we have not entered into any expenses so far, obviously because we don't have a
contract, so we did not incur in any expenses. So the'City of Miami at this particular point is not
at risk a penny on this contract. Work has been done, basically by Ron Burke, Mike Abrams,
and myself. As far as I am concerned, I do not intend to bill that I have done so... to bill the
work that I have done so far, because I recognize that I have done that at my peril, since I did not
have, through Ruden McClosky, a valid contract. As far as Ron Burke and Mike Abrams, I
assume that their position will be likewise. There is a lot of work to be done on behalf of the
City of Miami. A lot of work. If you go through the legislative list, priority list that we have
been furnished, you will see that a lot of it is yet to be done. Some money has already been
allocated. Mike Abrams called me about three days ago to tell me that through their efforts,
some money has been allocated for parks that has been requested by the City of Miami. Another
very important issue that I want to clarify is the following. House Bill 3411 to which
Commissioner Teele referred, is not a new bill. This bill was introduced by a State
Representative Carlos Lacasa, last year, for the first time. At the time that Mayor Carollo was
Mayor. At the time that we did not, and were not seeking to represent the City of Miami in
Tallahassee, and it had absolutely nothing to do with us. This was a House Bill introduced and is
sponsored by Carlos Lacasa based on his belief that is one of the best things that could happen to
the City of Miami, and in that I concur with Commissioner Teele. We have been working
because Carlos Lacasa is well known to me. So we have been working very closely on this
matter and a... this bill is something that we believe that with adequate help at the senate level,
we will be able to pass successfully this year. And for that, we need lobbyists, and we need very
190 March 24, 1998
effective lobbyists from now to the day that the bill will reach the Senate, because I have been
assured that it will pass the House. We...
Vice Chairman Plummer: Can you try and wrap it up, please?
Mr. Lacasa: All we have to say at this point is that we are under contract theoretically, because
that contract will not be validated until after the Oversight Board finally approve it, and that will
be when the Legal Department sends it to the Oversight Board.
Vice Chairman Plummer: They have finally approved it. It's out of their hands now.
Mr. Lacasa: And... and this bill requires much more... This contract requires much more than
work until the end of the regular session of the legislature. It requires us to be there for the
whole year. It requires us to be available for any special session of the legislature. It requires us
to lobby as effectively as we can at the level of the Governor's Cabinet. So it is not a question of
six more weeks to go in the state legislature. As far as the fees are concerned, I repeat, they are
per hour. They are per diem. I mean we do not charge regular monthly fees. We charge for
what we work, and that is up to the amount of. one hundred and eighteen thousand dollars
($118,000). If we don't reach that amount, because we don't work that amount of hours,
obviously we will not be billing the City of Miami for that amount of money. What we know is,
that we have a cap and that's it. It might as well be, that we don't reach that amount of money.
So in conclusion, that is, members of the Commission, where we are at this particular point. My
feeling quite frankly is that we should expedite this matter as soon as possible. We should have
this contract sent to the Oversight Board by the Legal Department. There is no reason why it
should continue to be held there, and as soon as the Oversight Board returns the contract, and
Mr. Beatty has stated to me that he will do so as soon as he receives this and that the
amendments that he requested were made, and those has been made, we will have a contract and
you will have an official lobbyist in Tallahassee. Thank you, very much.
Vice Chairman Plummer: Thank you, sir. Mr. Goenaga, you have two minutes, sir.
Mr. Manuel Gonzalez-Goenaga: Well, I am no different from him. First suggestions to this
honorable Commission with the Oversight Board, don't play games babies. Cooperation instead
of confrontation, and I am an alleged honorable citizen of the City of Miami. And regarding this
issue of the lobbyists in Tallahassee, let me tell you something, Shakespeare was right in 1454
when he referred to the lawyers, let's start by killing all lawyers. They are the reason why we
have to spend so much money here, in the City of Miami. And remember, Mr. Lacasa has done
a marvelous job. He understand... made an understatement. He has performed very well as a
lobbyist for the City in Martha Flores Programs and Radio Mambese problems... programs.
Let's talk the truth, and let's stop the hypocrisy and Remember, in this we live in a
sea of lies to tell the truth in Miami is the exception rather than truth... than the rule. Thank you.
[APPLAUSE]
Vice Chairman Plummer: Thank you, sir. Tony.
Mr. Tony Rodriguez (President, Fraternal Order of Police): Very briefly Commissioners, I just
want to say, as you all may or may not know, the FOP (Fraternal Order of Police) I, namely, and
some of my colleagues in the union spent quite a bit of time in Tallahassee especially during the
legislative session. I have heard quite a bit of talk here, and I think it's very important. I mean,
there are some things that I am quite impressed and taken by. I would just like to offer, as part
of, as... on behalf of the FOP, if there is anything that we can do to help bring funds into the City
of Miami in our lobbying efforts, I would certainly offer that, and I am at your disposal should
you need any help with that. OK.
191 March 24, 1998
Vice Chairman Plummer: And, likewise, Christina, I guess it's your responsibility since it's my
understanding from the clarity of Commissioner Teele in reference to 3411, that it only effects,
and could only effect one City, that's the City of Miami. I would ask you to contact, tomorrow
morning, Mr. Mike Sittig, at the Florida League of Cities who do a tremendous job of lobbying
and does collect dues from this City, that we would expect him to, in our behalf, to go forth and
to do all he can in seeing that 3411 is in fact, implemented. And I'll give you his 1-800 number
so you don't have to pay for it.
Ms. Cuervo: In fact, Commissioner, this was already sent to him, and we told him it was
pending, obviously approval again today, but it had already been discussed at a previous
Commission meeting, and as you had requested earlier was for us to forward all of our priorities
in our legislative package, and we did so, do that.
Vice Chairman Plummer: Very, well. You can call him back and remind him.
Commissioner Gort: You could also do this...
Vice Chairman Plummer: Now, what does the Commission want to do? Mr. Gort?
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Gort?
Commissioner Teele: Oh.
Commissioner Gort: You should also forward to Dade League of Cities, they have their own
lobbyists doing the work also.
Vice Chairman Plummer: I can't see Mr. Teele.
Commissioner Teele: Mr. Chairman, the item that we are having the discussion in, is item
number 13, which is the FY '98 legislative priorities.
Vice Chairman Plummer: Correct, sir.
Commissioner Teele: I am little bit, really embarrassed that we started this at seven o'clock.
We're... you know, I don't know where we go, Mr. Manager, Mr. Attorney, but I think
something has got to be clarified with the Oversight Board. And, you know, we always wind up
with this finger pointing between the Attorney's Office, the Manager's Office and the Clerk's
Office about this. But, I really hope, that Mr. Manager somehow we can get a working group
established and clear this. This is ridiculous, and I am going to be very candid with you. I really
do believe that we should ask the board, the Oversight Board, by written agreement, by written
memoranda, by resolution, to work with us in establishing a pre -clearance process relating to our
legislative actions.
Vice Chairman Plummer: How about joint meetings?
Commissioner Teele: I have no problems with joint meetings. But the fact of the matter is, is
that I don't think we want to make them a co -City Commissioner. They... they really have a
different role from us. They are to ensure that our actions are in conformity with... with
financial, and I don't think they really ought to be in the policy. If we want to meet about some
particular items, and I think this issue has reached a point where we really need a joint meeting
on the procedures and where we are going as it relates to this, this bill tracking contract. The
Chairman of the Oversight Board is from the private sector. He is a very honorable and a very
192 March 24, 1998
fair person. But he has been totally, totally direct and clear that he wants no work to begin on
anything until there is a contract. That's not normally the way government works. Normally,
when the legislature takes an action and the president or the executive signs it, everybody can
rely upon those actions. I mean, when the Congress appropriates the bill, it may take... it may
take six months for the agencies to get the formula done would it be the COPS (Community
Oriented Policing Services) Program, such as the Janet Reno Program of CDBG (Community
Development Block Grant) allocations. But you can't wait until government releases contracts
and enters into agreements. That's just not the normal course of business for governmental
agencies. And I really do think there needs to be meeting of the minds around this issue. The
public has a right to rely upon an action by this Commission and this Mayor in the course of a
veto and at the end of that ten day period, it is normally supposed that action can... can begin.
And I just think we need to review that process. I don't have a recommendation, but I do have
this to say. I think that the particular bill that I have been working with, the lobbyists and with
the legislature and with the public sector and I have told Mr. Levine, if this bill passes; Mr.
Levine doesn't have a problem with his Parrot Jungle. I mean, the... the 108 is a no brainer at
that point, because we have another revenue stream to back it. This is not about public policy
being for the project or against the project. It's about not having money. A bill such as this
magnitude which would give us a clear three point five, four million dollars ($4,000,000) most
people estimate five million dollars ($5,000,000) of new money a year will leverage one hundred
and fifty million dollars if you wanted to look at it in terms of a capital project which we are not
going to do. But, this is the most significant piece of legislation that this City can generate in
terms of reoccurring income that could possibly save the City at least a million dollars
($1,000,000) a year in reoccurring income, just by repositioning for example, how the Overtown
and the Downtown and the Arena Police and Fire Services are done, I mean, there is a
willingness on all of our parts to work through this. Getting turkey legislation, getting
earmarked legislation is the old fashion way of doing it. But that's a business that's sort of going
out of business. A piece of legislation like this literally means, over a 30-year period of time,
well over one hundred and fifty million dollars ($150,000,000) to this City. And... and I don't
think, you know, with all due respect and deference to the Mayor, I don't think the real issue
here is how many turkeys you can pass. I think the real issue is, how can we help restructure our
budget process so that we provide reoccurring income and that's one of the things that this bill
does." So, I just would like to be on the record as it relates to this item as saying that I .believe,
based upon the dire situation that we are in, that the increased or the change or the provision that
allows for sales tax dollars and know that this is a big... would be a major change in public
policy. Sales tax are exclusively today the providence of the State. But this would be merely a
drop in the bucket. Merely just a few pennies in comparison to a statewide budget to alleviate
distress poverty of Overtown and the Parkwest area. And I would ask that this Commission
respond by how Commissioner Plummer and Commissioner Gort have responded by instructing
the Manager to make this piece of legislation our number one priority. To call upon the Mayor
to use his good offices as well as the public and private sector. Mr. Levine has already made
calls to Was... to Tallahassee and .has instructed his lobbyists to begin working on this. Because
when staff visited with him and they briefed him on it, he understood right away that this is the
biggest bird, this is the biggest turkey, if you will, or biggest parrot that he could ever get in that
jungle over there. Because I am committed to using these funds to support that kind of project.
So, again, Mr. Manager, and Mr. Chairman, members of the Commission, I believe that we
really do have a window here to do something dramatic. It would be historic in terms of the
State. It's well documented. Poverty rate of 18 percent with pockets of poverty of over 40
percent, unemployment that is. Poverty of over 50 percent. We need to move forward and get
this legislation done, and get it through and if necessary, we need to all go to Tallahassee and try
and get it accomplished.
Vice Chairman Plummer: Is there any further discussion?
Commissioner Teele: Mr. Chairman, I would respectfully move that this bill be our number one
priority and that...
193 March 24, 1998
Vice Chairman Plummer: There is a motion on the floor that 3411 be our utmost priority. Is
there a second?
Commissioner Hernandez: Second.
Vice Chairman Plummer: Is there any further discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Is there any further discussion on item 13? Hearing none, we move
on...
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-320
A MOTION DIRECTING THE CITY MANAGER TO GIVE TOP PRIORITY AS IT
RELATES TO OUR STATE LEGISLATIVE LOBBYING EFFORTS IN
TALLAHASSEE TO HOUSE BILL 3411 (IN CONNECTION WITH
SUPPLEMENTAL LEGISLATION PERTAINING TO THE SOUTHEAST
OVERTOWN PARK WEST REDEVELOPMENT DISTRICT ESTABLISHING A
PILOT PROJECT FOR FUNDING REDEVELOPMENT ACTIVITIES WITH
INCREMENTAL SALES TAX REVENUES COLLECTED WITHIN THE
DISTRICT); FURTHER URGING THE 'MAYOR TO USE HIS DISCRETION IN
FURTHERANCE OF SAME.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: I am sorry, I have been asked by the writer of Holland & Knight, Ms.
Nickie Canton to make this letter a matter of record, and I so do. The next item is the agenda for
the changes as...
Commissioner Regalado: OK.
Vice Chairman Plummer: I am sorry, Mr. Regalado.
Commissioner Regalado: So, we do have a lobbyist?
Vice Chairman Plummer: Sir, it's my understanding...
Commissioner Hernandez: Good question. That's a good question.
194 March 24, 1998
Vice Chairman Plummer: ... understanding, unless I am to the contrary, that at this particular
time the action previously taken by the Commission is the action taken by the Commission.
Commissioner Regalado: OK.
----------------------------------------------------------------------------------------------------------------
51. (A)
CONTINUE DISCUSSION ON BUDGETARY RECURRING AND
NONRECURRING SOURCES OF REVENUE FOR FISCAL YEAR
1997-1998 -- DIRECT MANAGER TO PROVIDE ALTERNATIVES
TO FIRE FEE AND GARBAGE FEE.
(B)
INSTRUCT CITY MANAGER TO DRAFT PROPOSAL FOR
MODIFIED FIRE FEE -- ADDRESS CAPITAL NEEDS OF FIRE -
RESCUE DEPARTMENT -- REALLOCATE PRIOR YEARS'
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WITHOUT IMPACTING COMMUNITY BASED
ORGANIZATIONS -- FURTHER DIRECTING MANAGER TO
PRESENT PROPOSAL AT MARCH 31, 1998, SPECIAL
COMMISSION MEETING AT 1 P.M.
(C)
DIRECT CITY MANAGER TO STUDY ESTABLISHING SOLID
WASTE FRANCHISE FEE SYSTEM FOR COMMERCIAL
HAULERS -- (D). DIRECT MANAGER TO PREPARE REQUEST
FOR QUALIFICATIONS FOR ENTITY TO REVIEW ACCURACY
OF ASSESSED VALUE OF PROPERTIES -- FURTHER REQUEST
TO REVIEW LAST THREE ASSESSMENTS IN BRICKELL AND
DOWNTOWN. (E). SCHEDULE SPECIAL COMMISSION
MEETING FOR MARCH 31, 1998 AT 1 P.M. TO AMEND ANNUAL
APPROPRIATIONS ORDINANCE ENDING SEPTEMBER, 1998 --
INCREASE APPROPRIATIONS TO MEET OPERATIONAL
REQUIREMENTS -- FURTHER INSTRUCT MANAGER TO
SUBMIT BUDGETARY ADJUSTMENTS TO CITY
COMMISSIONERS BY MARCH 30, 1998.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Manager, you are on. And I hope you can finish in 55 minutes.
Maria's Restaurant on Coral Way closes at nine.
Mr. Jose Garcia -Pedrosa (City Manager): All right, sir, I will be very brief.
Commissioner Plummer: And you are going to be a lousy Greek if you don't let me get there on
time.
Mr. Garcia -Pedrosa: I'll be very brief, Vice Chairman.
Commissioner Regalado: Can we approve a waiver for Maria to stay open?
Commissioner Gort: [Inaudible -- off microphone]
Commissioner Plummer: But, I am not buying your dinner. Cheapskate.
Commissioner Regalado: You never do.
195 March 24, 1998
Mr. Garcia -Pedrosa: When the Commission discussed the matter briefly concerning the
additional sources of revenue that might be available to the City for this fiscal year within the
next, at that time 19 days, now fewer, I identified for you basically four possibilities, and I would
like to go over them very quickly. Number one, the fire fee. And I basically mentioned to you
then, and would reiterate to you now, that absent instruction to the contrary. My staff and I are
not, are not proposing to bring back to you any type of fire fee for this fiscal year at least, for a
number of reasons none the least of which is, the very strong possibility that several pieces of
litigation might be filed against the City on the fire fee.
Commissioner Plummer: There went my dinner.
Mr. Garcia -Pedrosa: There is a bug flying around here. [sic] I thought you wanted me to do this
quickly. And frankly, the thing that concerns me about the fire fee at this point, more than
anything else, is not the legality...
Commissioner Plummer: Excuse me. I don't mean to be impolite, but this was at the request of
Commissioner Teele, and I am sure he had an emergency that could not be done by anyone else,
and I would ask you to wait...
Mr. Garcia -Pedrosa: All right.
Commissioner Plummer: ... until he returns, OK? And you can fulfill your emergency and other
emergencies, but I think it's only right that we wait for him. Let me ask a question while we are
waiting. Has any consideration...? You know, Commissioner Teele brought up at the last
meeting, that I thought was a very interesting concept that should be considered. Rather than
sticking everything of one fee on one given group of people, have we considered going with a
modified, slight increase in garbage fees? Not double, but slight? Have we thought about
possibly modifying the fire fee, maybe applying it somewhat to the condos, to the houses?
Where it was before, it all fell, let's be honest, on the condos and the commercial. So I am just
asking. Teele brought it up the other day. Is there any modifications that you have given
consideration to, so that when you address, now I have lost Commissioner Gort. I think this is
too important for not each Commissioner to be involved.
Vice Chairman Teele: Hear, hear, Mr. Vice Chairman.
Commissioner Plummer: Just for the record, Commissioner Teele, you made me get off my
dead bazookas and go down to the fire. And I want to tell you, Fire Chief, come up here please.
I want to tell you, at two thirty this afternoon that fire was still burning, OK. And the real reason
I went down there was is your statement this morning about bringing in mutual aid. And I have
to tell you that tootie-fruity truck that I saw there, green, I would ask the City Fire Chief to
explain why.
Fire Chief Gimenez: Yes, sir. Carlos Gimenez, Fire Chief. That's the vehicle that we have
borrowed from the County. We have had it for a number of months. It was staffed by City of
Miami firefighters and brought to the scene. It was used as aerial four. Therefore, it was the
second aerial in and that's why we used it.
Commissioner Plummer: Was there any request at the fire for mutual aid?
Fire Chief Gimenez: There were no outside agencies fighting that fire. They were City of
Miami firefighters. We did request mutual aid to provide coverage to the stations that were
vacated by... We had 17 units at that fire. So we needed coverage for the City.
Commissioner Plummer: OK, and the one from Key Biscayne was there on a training mission.
196 March 24, 1998
Fire Chief Gimenez: That's correct. Actually, it was... it had come off duty, and we do provide
training for Key Biscayne firefighters and he wanted to get some experience so we put him on
handline outside.
Commissioner Plummer: Well, I want to tell you, when I went down there, I want to send a
word to the Fire Department, they did a very fine job.
Fire Chief Gimenez: Thank you, sir.
Commissioner Plummer: Mr. Gort has returned. Mr. Manager, proceed.
Mr. Garcia -Pedrosa: Let me identify quickly the four sources of, frankly quick revenue that we
have, because we are talking about six months left in the fiscal year, and we are talking about
something less than 17 or 18 days left as a window given to us by the Oversight Board to present
to them a revised budget. There are four of such revenue sources that are particularly
meaningful: the fire fee, a third solid waste fee, or bill I should say, some additional sanitation or
solid waste fees or permits that we would like to discuss with you briefly, and as we discussed at
the last Commission meeting, some reallocation of CDBG (Community Development Block
Grant) monies. Let me touch on those four quickly, and then whatever is your pleasure, Mr.
Vice Chairman or members of the Commission. We obviously would welcome, because we're...
I want to describe to you the path that we are traveling on, and if you want us to travel on a
different path, we need to know that. We are not proposing to come back to you with a fire fee,
at least for this year. To me, the most important reason for that is a very practical reason. The
problem with a fire fee is that suddenly you make a whole new universe of enemies that you
didn't have before, namely the tax exempts. The churches, the schools, the governments and so
forth. All of whom, without exception, threaten to sue us. Some or all of whom, I expect, will
sue us. And that's OK. I am not afraid of litigation. But the practical impact of it might be a
huge shortfall in the collections this year. The last thing we want as a City it seems to me, is to
sit around here in October having closed the books on September 30th and find out that we
missed that golden opportunity to change fundamentally the Oversight process by having a
second year of operating surplus in a row. We have to avoid that result, otherwise you back to
square one, and we have to produce two fresh years, consecutive years, of operating surpluses
before the Oversight process will change dramatically. So for that practical reason, if nothing
else, that's not an area that we are proposing to come back to you for, for this year, not to say
that we can't explore for subsequent years. We are looking at the following additional
opportunities, not a doubling of the waste collection fee, but simply the sending out for your
approval of a third bill for eighty dollars ($80).
Commissioner Plummer: How much would that raise?
Mr. Garcia -Pedrosa: Two hundred... Five... five and a quarter million.
Mr. Garcia -Pedrosa: The combined total would be two hundred and forty dollars ($240). It cost
us about three hundred and sixty some odd dollars to pick up garbage at a residence. So there is
still a huge municipal subsidy.
Commissioner Plummer: Can I stop you?
Mr. Garcia -Pedrosa: Sure.
Commissioner Plummer: I was proffered by a very well known man who asked me not to
mention his name, who we all know and respect. Could any consideration be given about my
colleagues' concerns that possibly a garbage fee would only be applied to a house in excess of
197 March 24, 1998
eighty thousand dollars ($80,000), one hundred thousand dollars ($100,000)? That, you can't do
that?
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): I think you would have serious equal
protection problems doing that.
Commissioner Plummer: OK, well, I thought it was a good idea. Arthur continues to say, not to
put the burden on the people who can afford it the least. I thought that was a possibility that we
could, in fact, come up with something for others. Go ahead, sir.
Mr. Garcia -Pedrosa: Mindful of the admonitions, particularly articulated particularly well by, or
strongly by Commissioner Teele that we have to spread the impact and come up with a package.
We are also looking at a couple of items that frankly we worked on on Miami Beach that would
impose a surcharge on construction permits for sanitation and for solid waste. This has to do
with the fact that on construction sites normally there is refuge that falls on the City streets and
sidewalks that has to be cleaned up. We have done a quick study of that and determined what
the costs are of that, and we seek to recover that. We would seek to recover that... those costs.
And likewise, on the commercial accounts, by Certificate of Use, we have done a study and we
believe we have justification for charging a fee in connection with sanitation or the generation
and collection of refuge. If you follow with me briefly a third solid waste fee would raise five
and a quarter million dollars ($525,000,000) in the balance of this fiscal year. An additional five
and a quarter. These two sanitation fees and permanent increases we estimate would raise in the
balance of this fiscal year two point seven million dollars ($2,700,000). Obviously, in a full
fiscal year in the future, it will raise more. And then finally, we have taken a hard look at
reallocation of CDBG funding. I want to say that I received a... frankly, a beautiful letter from
our local HUD (Department of Housing and Urban Development), head of the local HUD office.
I believe you received copies of that letter. Very kind, offering his assistance. I immediately
wrote him back. I think I sent you a copy of my response thanking him profusely for seeking to
help us, Commissioner Teele, to make sure that the reallocations are done with strict observance
of federal requirements, and taking him up on that offer, and we are doing so. Regrettably, even
if in this year, and this would be not a recurring item, but certainly this year. I don't think, and
we are still working on it. But, I don't think realistically we can raise, we can raise... we can
reallocate more than three million dollars ($3,000,000). Those three items would add up to ten
point ninety-five million dollars ($10,950,000). We then have a proposal by the Clerk which is
on your next agenda to in essence, take in passport applications in this building. Something that
other municipalities are doing, and apparently something that would in the future raise a
substantial, several hundred thousand dollars. But if we booked that at one hundred and fifteen
thousand dollars ($115,000) only for the balance of the fiscal year, conservatively. And then we
also add one other proposal that we are working on, and that is to offer to developers and others
an opportunity to expedite plans and permits. And apparently there is interest in that because
even if they have to pay us more, they save money by getting their construction projects stated
quicker and paying less money in interest on their loans, construction loans. The Director of the
Building and Zoning Department has prepared a written report which we would share with you
that indicates after a study that has done which we will also share with you that might raise in
this fiscal year, two hundred and eighty-five thousand dollars ($285,000). Again, more in the
future, but in this half fiscal year about two eighty-five. So if you add the ten point ninety-five
million, the one hundred and fifteen thousand, and the two hundred and eighty-five thousand, I
think you will find that these revenue measures which are that kind of package that we hoped we
can put together and discuss with you soon, would if approved, raise about eleven point thirty-
five million dollars ($11,035,000). Candidly, no one at the Oversight Board meeting put a
number on the additional revenue that we have to raise, but it's my judgement, after sitting there
and trying to interpret the comments made, that unless we come up with something in this range,
and the nonrecurring piece would be replaced next year by a recurring piece in the form of
substantial savings in the pension monies, that that might not, that unless we come up with a
198 March 24, 1998
number of this magnitude that would not really do the kind of work that the Oversight Board had
in mind. Let me just add a couple of more quick things for the future. We are looking at a
number of other possibilities for the future years, the out years. One of them, which this
Commission has already done in part, but not in whole, might be to revisit the whole... the whole
Gates settlement with respect to the remaining union as to which or fund, pension trust fund, as
to which that hasn't been done. As you know, you, you restructured Gates with FIPO and
JESSE. With FIPO and, and the other union, but not with JESSE. We are also looking
obviously at the whole issue which has been floating around for some time, I am told of the Off -
Street Parking Department. The Mayor has spoken to me briefly about obtaining some revenues
from MSEA (Miami Sports and Exhibition Authority), and frankly, those were all good
initiatives. I don't know that those are capable of helping us in the next six months, within the
next thirteen or fourteen, or fifteen days. But, the reason I mentioned those things to you is, that
there are number of things happening in the out years which would permit us to go back and
revisit, for example, the CDBG (Community Development Block Grant) allocations, because I
don't think we should be doing that every year. I am looking to do that, probably only once.
Commissioner Plummer: Members of the Commission, comments.
Commissioner Regalado: Can I? Can I make a comment, here and a question? We have to
bring to the Oversight Board one budget for this year plus the four years of the five-year plan. Is
that correct, Mr. Manager?
Mr. Garcia -Pedrosa: Yes, but in the next 20 days or...
Commissioner Regalado: The budget.
Mr. Garcia -Pedrosa: ... 16 or 17. Only this year's budget.
Commissioner Regalado: OK, only this year's budget?
Mr. Garcia -Pedrosa: In the next few... In the next couple weeks.
Commissioner Regalado: But they, they would not... they would not accept any other than
recurring revenues on this year's budget?
Mr. Garcia -Pedrosa: No, I think they are looking primarily for recurring revenues. Something
like a reallocation that gives us some cushion this year, I am sure that they would consider.
Commissioner Regalado: OK, because... because I have been checking the projects. I requested
a list of projects and I went to those projects to see if the projects were under construction, and
they are. And then I requested some information regarding from you, regarding the different
projects and the ad valorem taxes that when finished, the City of Miami will be getting. As of
today, there are four projects under construction, complete date, next year that will bring in ad
valorem taxes two million three hundred thousand and nine... Three hundred nine thousand five
hundred and twenty-five dollars ($309,525.00). Now my question is, if we bring some kind of
substitution, whether it's the funds from MSEA, or some money from the legislature for park
operation, and if they know, because it's tangible, because they can see it, if they only drive by,
that we are going to have two million and a half next year, and next, next, next and next year of
ad valorem taxes, would they accept that? Would that be much... a lot to ask?
Mr. Garcia -Pedrosa: Commissioner, first, let me of course note that unless the property is on the
rolls or sealed by the beginning of the year, it won't be on the tax rolls.
Commissioner Plummer: It doesn't count.
199 March 24, 1998
Mr. Garcia -Pedrosa: So that any project...
Commissioner Regalado: No, but what I am... What I am saying, Mr. Manager, is that it's there,
and eventually it will be.
Mr. Garcia -Pedrosa: Sure. Well, but if we miss next year, then we would have missed two out
of the five years of the five-year plan.
Commissioner Regalado: That's true.
Mr. Garcia -Pedrosa: Having said that, I think the answer to your question is, yes. I think the
Oversight Board will be, I hope most reasonable, and I think they will be. They will look at
every one of our proposed sources of revenue, and obviously, recurring revenues, they prefer.
But having said that, we do have some built in assumptions of the growth of the tax base. And I
will tell you that one of the arguments that they never fully bought from our prior Mayor was
that the assumptions were understated, because I think they tend to think of those things as
additional cushion. But sure, all those projects help, and I think the board would give them due
consideration.
Commissioner Plummer: Further comments. All right, I have a question. What is the deadline
or the 20th day?
Mr. Garcia -Pedrosa: April 9th.
Commissioner Plummer: April 9th. This Commission doesn't meet again.
Mr. Garcia -Pedrosa: Commissioner, I have discussed briefly with the Mayor the need for a
special Commission meeting, and I have also been discussing with the Governor's Office the
timing of this. The Oversight Board will actually not meet again until the 15th which is one day
after your next meeting. And what I am going to be suggesting to the Mayor is that he consider
calling a special Commission meeting for this purpose, sometime around a week from today, and
perhaps, exactly a week from today depending on what... what his wishes and yours might be.
The reason for that is, that would give us an opportunity to then have the estimating conference
consider the proposal after you adopt it, which is the way they like to do it. I am not... I am not...
I was there and I took a lot of little body blows, and I am not prepared to think that they were not
listening in. I really do believe that, that this thoughtful process will, will get us there. But, if
the estimating conference then meets at... near the end of that week, and works through this, one
of two things can happen which is very salutary. Either they will agree with what we have done,
and what you have approved and then we will simply go forward on the meeting of the 15th with
the Oversight Board, or we have the opportunity to come back to you on the 14th...
Commissioner Plummer: Still have ample time.
Mr. Garcia -Pedrosa: ... The 14th. Get some modifications made and still make the meeting of
the Oversight Board on the 15th.
Commissioner Plummer: Mr. Manager, I don't think that I will have any conflict with the
Mayor, that we will in fact call a meeting, a special meeting of the Commission on the 31st of
the month, which is a week from today. Unless any Commissioner has any serious objection
after checking their calendar, I would call it for noon or one o'clock. I mean, you don't need all
day do you? You need all day, for a single item?
Mr. Garcia -Pedrosa: I don't need any time. Our presentation will probably be, you know, a
matter of fifteen, twenty minutes.
200 March 24, 1998
Commissioner Plummer: All right, then I set it that the meeting will start at one o'clock in the
afternoon. Still let us have the morning in the office and have lunch before we come here.
Commissioner Regalado: You said...
Commissioner Plummer: Under discussion.
Commissioner Regalado: You said, Tuesday?
Commissioner Plummer: A week from today as the Manager requested.
Commissioner Regalado: OK.
Commissioner Plummer: Any other discussion?
Vice Chairman Teele: Mr. Chairman.
Commissioner Plummer: Mr. Teele.
Vice Chairman Teele: Mr. Chairman, I... I need to understand two issues. As it relates to the...
I need to understand two issues, and I would like to ask the Commission to at least go on record
as asking the Manager to come back on Tuesday with the details of several proposals. The first
issue that I would like to understand is the two point seven million dollars ($2,700,000) of Solid
Waste out of this eleven point three million. How are you getting the two point seven million of
Solid Waste from the non -homeowners?
Commissioner Plummer: You are asking now or for him to come back on Tuesday?
Vice Chairman Teele: Yeah, I am trying to defend it now. He just read the numbers off and I
just need to understand it.
Mr. Garcia -Pedrosa: Can you...? Let me ask Assistant City Manager Joe Pinon who worked this
out on the Beach and then did it again here to explain it, if I might?
Mr. Joe Pinon (Assistant City Manager): Mr. Commissioners, Joe Pinon, Assistant City
Manager, for the record. There are two fees that were talking about here, the supplemental waste
fee which in my numbers is two point four million, but of course, we did a 90 percent here. That
is based on the Certificate of Use. And the average rate that we came up with about 90 dollars
per unit. However, because it is based on the Certificate of Use, it is based not only on square
footage, but also on number of units. If it is an apartment building, it is how many units there
are in the building, up to ten you pay this much, up to twenty you pay that much, and so on and
so forth. We try to spread the numbers so that it would be a multiple of whatever that coefficient
was. I don't have the coefficient here for the formula we used because we were not ready to
make that presentation to you.
Vice Chairman Teele: No, but I just need to understand. Are you talking now about...? There is
a 15 percent franchise fee...
Mr. Pinon: Correct.
Vice Chairman Teele: ... on, on these commercial accounts.
Mr. Pinon: That's correct.
201 March 24, 1998
Vice Chairman Teele: Now what is this, this two point seven, two point...
Mr. Pinon: Let me give you these figures and it will explain. Actually, when I made the
presentation...
Vice Chairman Teele: I just need to know the generic category that we are talking about.
Mr. Pinon: It would be a Solid Waste impact fee. And it's based on the fact, on this fact. We
collect 64,000 tons of garbage a year, but we also collect 65,000 tons of illegally dumped
garbage and debris on the streets of the City of Miami. That's just as much as what is done
legally. We have every right to collect fees to do that.
Vice Chairman Teele: OK. So what you are proposing is an impact fee...
Mr. Pinon: Correct.
Vice Chairman Teele: ... on the commercial accounts?
Commissioner Plummer: Who are you going to collect it from?
Mr. Pinon: That's is correct.
Vice Chairman Teele: OK.
Mr. Pinon: On all commercial accounts.
Commissioner Plummer: All right, wait, wait, wait.
Mr. Pinon: Based on consecutive use.
Commissioner Plummer: How? Who are you going to...? The illegal dumping of garbage on
the street, who are you going to collect the money from?
Mr. Pinon: It's based on Certificates of Use. Everyone will pay for it. The direction you gave
us was to spread the pain, was to do something that it wouldn't be based only on the residential,
so we did that.
Commissioner Plummer: But, wait a minute. Wait a minute. I stand down here and I see guy
backup a dump truck all the time on Grand Avenue and he dumps stuff out, before I can get a
policeman there, he's gone. But, who...
Mr. Garcia -Pedrosa: We were misleading you by...
Commissioner Plummer: Who is going to pay for the illegal dumping?
Mr. Garcia -Pedrosa: The source is the commercial accounts on the theory that it is their garbage
that is generated and dumped illegally for the most part. In other words, you already took care of
the residential accounts, you are charging them a fee.
Commissioner Plummer: Yeah.
Mr. Garcia -Pedrosa: But this other stuff has to come from somewhere, and we think that the
logical and equitable place is, is the other nonresidential generators, if you will, of refuse.
202 March 24, 1998
Vice Chairman Teele: Mister...
Commissioner Plummer: Sounds good.
Vice Chairman Teele: OK. Yeah, I think the approach that you are taking is a very thoughtful
approach, and it's one that really does address the problem, one of the problems that we are
confronted with now. But, so, two point seven is, basically...
Mr. Garcia -Pedrosa: That's only part of it. He's got a second part.
Vice Chairman Teele: I know that he has the...
Mr. Pinon: Construction debris.
Vice Chairman Teele: ... the construction.
Mr. Garcia -Pedrosa: The construction debris.
Mr. Pinon: That is a two percent on all construction with a minimum fee of twenty dollars ($20),
and a maximum of twenty-five hundred. So that if you do some...
Vice Chairman Teele: And, so that generates how much?
Mr. Pinon: Well...
Commissioner Plummer: That gap. [phonetic]
Vice Chairman Teele: Is that in the two point... two point seven?
Mr. Pinon: No. That's separate, that's one point four million in my numbers.
Vice Chairman Teele: The one point four.
Mr. Garcia -Pedrosa: Wait a minute. We need to discount that and then we add the...
Vice Chairman Teele: OK.
Mr. Garcia -Pedrosa: ... annualize it and all that.
Vice Chairman Teele: Well, I don't think that you ought to have a cap on it. But... but we can
discuss that. Now, then the other question that I have is the three million dollars ($3,000,000) of
CDBG. What are we talking about there? Because that is clearly an area that gives me a lot of
concern when you look at the condition of our... of our distressed communities.
Mr. Garcia -Pedrosa: Well, to begin with we are funding as you instructed us to do the... the two
point three million dollars ($2,300,000), that's in tact that Commissioner Regalado made the
motion.
Ms. Christina Cuervo (Assistant City Manager): Commissioners. Commissioners, on the three
million dollars ($3,000,000) that the Manager has identified from CDBG funds, we have three
different options that we can pursue. I think, we have heard strongly from the Commission that
you do not want to impact the CDBG funding to CBOs in this coming 24th year. That was one
203 March 24, 1998
option. However, we have heard that's something you don't necessarily want to pursue. The
second option would be to reallocate prior years CDBG funds that have not been utilized. We
have identified several different sources that we can tap to reallocate those funds and that would
be something that we would bring forward to you if that's the direction you indicate.
Vice Chairman Teele: Yeah, but I am trying to understand. The Manager just said, eleven point
three five million dollars ($11,035,000). Now, we need to be very careful that we talking apples
and oranges. Avoidance of cost, I mean, that's like taking some of the six million dollars
($6,000,000) from the Winn -Dixie purchase. I mean, that does not translate as recurring income.
And so the three point five is not... I didn't know if you had come up with some formula or
something, is not as... So in effect, it's eleven point three less the three million dollars
($3,000,000) in effect of recurring income?
Mr. Garcia -Pedrosa: Of recurring, yes.
Vice Chairman Teele: Of recurring income?
Ms. Cuervo: Uh-huh.
Mr. Garcia -Pedrosa: Yes.
Vice Chairman Teele: So we are down to, eight million dollars ($8,000,000)? And of the eight
million dollars ($8,000,000), five million dollars ($5,000,000) is hitting the homeowners?
Ms. Cuervo: Right. In the solid waste. The garbage.
Vice Chairman Teele: So, you see, let me tell you, Mr. Manager. And what I would like to do,
Mr. Chairman. I know it's late, I would like to seriously ask this Commission. I would like to
appeal to this Commission to let's really put the issues, let's really... why don't we put the issues
on the table and let's see if we can come to some closure and some compromise. First of all, the
Manager has proposed what I have always said is the easiest thing to do, and that is, to hit the
homeowners again, for another eighty... eighty dollars ($80) in garbage fees. I don't... I don't
think... I agree with you, Mr. Manager, that the garbage fees are artificially low. I think it makes
the Solid Waste Department subject to a lot of buzzards who may be flying overhead, flying
lower and lower, looking to pick our department, and they are all smiling, apart. I am talking
about...
Commissioner Plummer: But they don't have Gucci shoes.
Vice Chairman Teele: Oh, yes, some of them do. You should see Hammersmith's shoes. But,
in any event, Mr. Chairman, I think we have an opportunity here to come to some closure on this
tonight. If this Commission would consider, and I heard what the Manager said, and I agree with
him. Let's don't reopen a war, but let's look at this thing as a balanced approach. If you raise
the Solid Waste fees, eighty-five dollars ($85), now hear me out. You basically can not ever put
in the fire fee, you know why? Because you have got that same equal protection problem,
because you have got to charge the homeowners something. And are we going to charge them
eighty-five dollars ($85) additional? That's one hundred and sixty plus eight -five, plus talk
about doing the fire fee down the road, two years from now, three years from now, whatever.
What I would propose that we ask the Manager to study and to bring back to us, is a modified
fire fee that would be drastically reduced. In other words, Mr. Manager, it would only be for
capital. Our capital backlog is about twenty million dollars ($20,000,000) right now. Let's do it
at about seven million dollars ($7,000,000) a year. Do it for three years. The results of that, and
the numbers have been run, Mr. Manager. The results of that would be, instead of covering 56
percent of the budget, it would cover about 13 percent, just over ten percent of the budget in
204 March 24, 1998
terms of a calculation. But it would be strictly capital. I believe that we really ought to address
the capital needs of the Fire Department. In doing so, the proportionate allocation to the
homeowner would be approximately... Is thirty-five dollars ($35), George? The proportionate
relationship of this reduction to the homeowner would be about thirty-five dollars ($35). Is that
correct?
Mr. George Wysong (Assistant City Attorney): We are talking about the... generating an annual
increase or...? Ten million dollars ($10,000,000) would be the...
Vice Chairman Teele: Roughly, ten million dollars ($10,000,000). Well, it would be seven
million dollars ($7,000,000) after exemptions.
Mr. Wysong: Right, that would knock the homeowner... The single family homeowner would
experience a reduction from one hundred and thirty-two dollars ($132) down to fifty dollars
($50). So that's approximately, my math is terrible, but what were you saying?
Unidentified Speaker: Eighty-two bucks ($82).
Mr. Wysong: Near eighty-two bucks ($82).
Vice Chairman Teele:. Well, OK, but let's... Just hear me out. If... if the homeowner were being
hit for somewhere between thirty-five and fifty dollars ($50) on a modified fire fee, that would
include all exemptions. Exemptions of all not for, of all institutions.
Mr. Wysong: Of institutional property.
Vice Chairman Teele: Of all institutional properties which addresses the Manager's concern.
The churches, the schools, the YMCA (Young Mens' Christian Association), everybody would
be out. But after all of that you would generate about net, of seven million dollars ($7,000,000).
The homeowner would pay about fifty million dollars ($50,000,000) of that, OK. But what we
have done is, we have basically taken the correct approach in addressing the very real capital
needs of the Fire Department. This would... and at the end of two years or three years when
we've billed it out. When we have billed out the Fire Department... We have got twenty million
dollars ($20,000,000) in backlog, J.L., you know. And we are not going to get it stealing and
nickel diming and out of CDBG. I just got to tell you because there is just too many eyes
watching you now. Too many auditors looking at us now. And it's just not going to happen
right now. We can solve the fire capital backlog over the next two years. It doesn't commit us
to an operational account if you want to end it, we can end it. It's a painless way. It would be
roughly about... It would be a reduction of over 60 percent, 70 percent of what everybody's bill
would have been. And all that I am suggesting is that let's look at it. Mr. Chairman Hernandez,
Commissioner Hernandez. I know for a fact that there were three votes here to support the fire
fee before the change in administration in the Mayor's Office. And I know for a fact, that the
Mayor said, that Mayor said he would veto it. And I can understand anybody not wanting to
vote for something that's going to get vetoed. But I think, you know, this is a middle ground. A
fire fee, a... that would strictly be for capital which would hit the homeowner... We are going to
hit the homeowner eighty-five dollars ($85) already. I am saying, let's take fifty dollars ($50) of
it, and apply it to the fire fee. Let's give the Manager the other thirty-five dollars ($35) for the
Solid Waste fee. So, Mr. Manager, you are at 85, you are at eighty-five dollars ($85) for the
homeowner. Now, the fact of the matter is, the best way to clear the air on the lawsuits, the best
way to clear the air on all of the other issues that everybody wants to raise about the fire fee, is to
do a fire fee that is not operationally dependent, and then you don't have the problem that the
Manager just described of wondering at the end of the year, do you have the money to match... to
make the budget numbers work. But if we really want to help the Fire Department, if we really
want to address this very real capital need, J.L., and you more than anybody on this Commission
205 March 24, 1998
have demonstrated the leadership in trying to protect the Fire Department and to provide the
resources. The last thing we need to do is have them going around with a tin cap, you know
begging for fire trucks, and begging for equipment. And it's not going to get any better. And so
all that I am asking you to do is to at least let three of us agree to ask the Manager to look at this,
look at this balanced approach. It's an approach that hits the homeowner for the full eighty-five
dollars ($85), but it preserves the fact that this fee is strictly for capital. It was not operational,
so you don't have the problem, Mr. Manager, of the collection issue. It gives in effect a dry run.
And if it doesn't work, we have seven million dollars ($7,000,000) for fire trucks, and we leave
it alone. But if it works, then we can begin to look at whether or not we want to just use it and
finish out the capital needs over the next three years. And you have got twenty million dollars
($20,000,000) of backlog of whether or not you want to tailor it in a different way. So I would
respectfully ask the Commission to at least give enough support to the Manager, to ask the
Manager to look at a blended approach looking at the Solid Waste fees and a very, very scaled
down... We are talking about now about 12 percent of the total budget. Before we were talking
about 56 percent of the budget. So this is like a 80 percent reduction in where we were before
with all the exemptions in. And I specifically have discussed this with the Fire Union. They
strongly support it. They think it's a compromise. I am willing to compromise. But I really do
think that if we put the eighty-five dollars ($85) on the Solid Waste fee, we have not solved
anything as it relates to the recurring capital needs of the Fire Department. And Mr. Chairman, I
would ask that you just allow the Fire Union to address this issue, very briefly, please?
Commissioner Plummer: I have no problems. State your name and... Well, I know where I'll
find you. Go ahead.
Mr. Ed Pidermann: Ed Pidermann, second Vice President of the Miami Association of Fire
Fighters, 2980 Northwest South River Drive. I would like to commend Commissioner Teele for
this initiative because this is not a problem that started yesterday, or last week, or last month.
This is a problem that has been brewing for at least four years, OK? And through all the
situations that we have had in the City, it's always been put in the back burner and it will be
solved tomorrow. Well, the... some events over the last week or so has shown that tomorrow has
come and we need to do this. And not to look a gift horse in the mouth, but when we do address
this backlog problem, we do need to keep an eye open for the out years, because if not, we are
going to be in the same boat five, six years from now. So we do need to look at the funding
mechanism for the capital projects on an ongoing basis on the out years. But we definitely...
The emergency exists right now, and the backlog needs to be taken care of, and hopefully you
will take a look at this. Thank you.
Commissioner Regalado: Mr. Chairman.
Commissioner Plummer: Mr. Regalado.
Commissioner Regalado: Mr. Manager, has anybody asked the Oversight Board how many
millions they mean when they say "millions"?
Mr. Garcia -Pedrosa: No, sir.
Commissioner Regalado: Why then we have to go to eleven million? Could it be five million?
Commissioner Plummer: It's possible.
Mr. Garcia -Pedrosa: It's my judgment, and I may be wrong, that the order of magnitude is
closer to eleven than it is to five.
Commissioner Regalado: But, we don't know?
206 March 24, 1998
Mr. Garcia -Pedrosa: Thinking about the things that were said at the meeting and the comments
and so forth.
Commissioner Regalado: They will... They will not accept reductions in expenses at all? That's
the...
Mr. Garcia -Pedrosa: No, no.
Commissioner Regalado: ... the philosophy of the...
Mr. Garcia -Pedrosa: That... they did not deem that to be sufficient. They wanted additional,
substantial additional revenues.
Commissioner Plummer: Yep.
Commissioner Gort: Mr. Chairman.
Commissioner Plummer: Mr. Gort.
Commissioner Gort: Let me give you a suggestion. I think we have to look at all the options
that we can, too. I did a lot of talking on the fire fee to different individuals. I did a lot of
talking about the sanitation fee, the garbage fee to a lot of homeowners, too. I think that it is a
combination of the two. I think homeowners being hit with eighty-five dollars ($85), you are
going to have a little problem with that. But you can make a combination of twenty dollars
($20), and I have heard twenty, twenty-five dollars ($25), people would not have any problem
paying that. And you can make a combination of the fire fee and the... and that's another option
I would like for you to look at, rather than the eighty-five, twenty...
Commissioner Regalado: Right. Well, that's precisely what I asked.
Commissioner Gort: Twenty dollars ($20) from the garbage fee would raise you one point three
million dollars ($1,300,000). 1 mean, from the garbage fee, plus all the other ones that you are
talking about, that's some amount. And then, I think we talked about it. We... I was in favor if
we put it all across to everyone. If it's not fire fee being across to everyone, I think people
would be more in favor of it. [phonetic] What Teele is talking about by reducing the amount, it
will hit the people for a lot less and we are really hitting everybody across the board.
Commissioner Regalado: That's precisely what...
Commissioner Gort: So I will also like to see that combination.
Commissioner Plummer: All right.
Commissioner Regalado: No, just, just...
Commissioner Plummer: Let's try to get off dead nickel here.
Commissioner Regalado: Sure.
Commissioner Plummer: Mr. Regalado.
Commissioner Regalado: No, no. Just that, that's precisely why I asked how many millions,
because I would tell you that eighty dollars ($80) which I think it's eighty, the amount, is very
207 March 24, 1998
hard especially when you get in a one time bill for a family, a homeowner, a worker, a retired
person. But I would tell you that, twenty dollars ($20) a year will be something that people
would not, I mean, nobody wants to pay ten dollars ($10) more in each bill, but people would
understand that this has to be done. But I... this is why I am asking how many millions do we
think that they believe we need to come up with a right budget?
Commissioner Plummer: Well, is everybody else finished? Can I make a comment?
Commissioner Gort: No.
Commissioner Plummer: I can't make a comment.
Vice Chairman Teele: Mr. Chairman, I... We need to hear your comment. Mr. Chairman, what
I would like to do. I just would like to poll the Commission and see...
Chairman Hernandez: I would like to make a comment.
Vice Chairman Teele: ... if there are three people willing to at least ask the Manager to report
back in the emergency meeting that we are going to have, and to look at it. That doesn't mean
anybody is voting for it...
Commissioner Gort: Right.
Commissioner Plummer: I don't think anybody would object from a 510 vote, to look at it.
Chairman Hernandez: Chairman Plummer.
Commissioner Plummer: Yes, sir.
Chairman Hernandez: If, if... Commissioner Teele has made a motion. If it's a motion, I will
second it.
Commissioner Plummer: All right, that's fine.
Chairman Hernandez: No one is committing to anything other than to maintain...
Vice Chairman Teele: I would so move.
Chairman Hernandez: ... their eyes open, so. [phonetic] So there is a motion, there is a second.
Commissioner Plummer: All right. I don't think we needed a motion, but if it is, that's it. Any
discussion on the motion? Hearing none. Call the roll. Everybody in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: It's unanimous.
208 March 24, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-321
A MOTION INSTRUCTING THE CITY MANAGER TO PREPARE A PROPOSAL
FOR A MODIFIED FIRE FEE (LOOKING AT OTHER POSSIBLE
COMBINATIONS, INCLUDING SOLID WASTE AND FIRE FEE IN SAID
PROPOSAL), DRASTICALLY REDUCED FROM PREVIOUS PROPOSAL, ONLY
TO ADDRESS CAPITAL NEEDS OF THE FIRE DEPARTMENT, IN AN AMOUNT
OF $7,000,000 A YEAR FOR THREE YEARS; FURTHER INSTRUCTING THE
MANAGER TO PRESENT SAID PROPOSAL FOR COMMISSION
CONSIDERATION AT ITS SPECIAL MEETING OF MARCH 31, 1998, BEGINNING
1 P.M.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Teele: All right, Mr. Chairman, two other very quick matters
Commissioner Plummer: All right.
Vice Chairman Teele: ... as it relates to this. The Manager, I think, is on the right road on the
Solid Waste issue. The biggest problem that I see in Solid Waste is the divergence of Solid
Waste that is not recorded. When you look at Ft. Lauderdale... When you look at Ft.
Lauderdale's commercial accounts, and look at Miami, it is very clear that a lot of waste is being
diverted. I have prepared an emergency resolution that I would like to ask the Manager to
review on next Tuesday. For... before next Tuesday that we convert our commercial accounts
into a franchise. Right now, what we have is an open permit system. I have polled the industry
on a ten-year franchise basis. There appears to be support for an initiation fee of two hundred to
two hundred and fifty thousand dollars ($250,000) and an annual fee of twenty-five thousand
dollars ($25,000) without adjusting the rate. Now I know that representatives of BFI are here. I
see them and their well heated lobbyists. I see representatives of Waste Management.
Chairman Hernandez: Lazaro Waste.
Vice Chairman Teele: Huh?
Chairman Hernandez: Lazaro Waste.
Vice Chairman Teele: Lazaro Waste. I saw U.S.A. Waste and their expensive lobbyists.
Commissioner Plummer: How did they suddenly all realize we were going to be discussing this,
this evening?
209 March 24, 1998
Vice Chairman Teele: Well, this morning at 11:30, I said that I believed that we should create a
franchise system and everybody understands what a franchise system is. It means that there is
no territories.
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: But it means that rather than having an open permit system, it means that
we go to a real franchise system.
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: The problem is, it's at least three... three to six hundred thousand dollars
($600,000) of waste that's being collected, that's not being reported to the City, and that's
commercial waste. That has nothing to do with what the Manager is talking about, which is the
illegal waste that's just being dumped on the streets. And so, I believe that a franchise
agreement, one that would allow the commercial accounts to pay well over a million dollars
($1,000,000) in this... in this fiscal year, that gives them a real franchise very similar to what
Miami Beach has...
Chairman Hernandez: Uh-huh. Right.
Vice Chairman Teele: ... I might add, will provide. I have looked at the list of companies and
most... many of the companies are really not even collecting or remitting anything.
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: And I think, you know, you are going to see a lot of people rushing in this
week and next week to pay. But I believe, Mr. Manager, that there is a real opportunity to
collect an additional one and a half to two million dollars ($2,000,000) by converting to a
franchise system and providing for a transition rule for the small companies to ensure that they
are not squeezed out. But what we don't need is a lot of companies in here that aren't serious
about collecting waste, but keeping the accounts open. Because all they are doing... The
potential for that is to create diversion. And so I would ask respectfully, Mr. Manager, Mister...
The City Attorney has had legislation that he's worked with over the weekend to convert this to
a franchise system. I believe that we can collect well over one million and a half dollars
($1,500,000) this year, in just converting to a franchise system that will allow for non -territories,
but an openness with some degree of exclusivity. And finally, Mr. Chairman, Mr. Manager, and
Mr. Mayor, I think the greatest area that we really have to look at is a long-term area. And that
is, the property taxes as it relates to commercial accounts. I don't believe that we can come up
with a solution, but what I would like to do on behalf of the City through the CRA (Community
Redevelopment Agency) is do a pilot study. Mr. Mayor, Mr. Chairman, Mr. Manager, if you
look at the last three commercial transactions, those pieces of property are on the roll for less
than 40 percent of what they sold for, which means that we are getting, the City of Miami in
particular, is getting hurt by the way the County is collecting, is assessing the taxes, and I would
challenge the Manager to look at the last three major transactions that occurred downtown and
look at where they were on the tax rolls and what they sold for. It has been estimated, and the
reason this comes to my attention is that the tax increment district, as you know, is an upside
down negative cash flow. It has been estimated that our cash flow of the tax increment district
could be doubled if the County were to comply with the State constitutional mandate of 90
percent or 92 percent.
Commissioner Plummer: One hundred.
210 March 24, 1998
Vice Chairman Teele: It's 100 percent, but the way they do it, valuation. This is not
discretionary with the County, and if we go out and do a systematic approach on the property
values as it relates to commercial property values, I have it on very good authority that the
property tax rolls in downtown in the DDA (Downtown Development Authority) area, in the
Brickell area, in the Omni area and in the CRA area could very well be doubled in terms of what
we are not getting collected. And the methodology is there, Mr. Manager. And so I would ask
that the Manager on Tuesday be empowered to go out with a request for qualifications to bring
in an outstanding entity to valuate properties, because I am telling you, we looked at this project
today, and everybody start calculating the money, I think somebody came up with eight million
dollars ($8,000,000)...
Commissioner Gort: Crime support service. [phonetic]
Vice Chairman Teele: ... on the project that we just deferred.
Commissioner Regalado: Two million dollars ($2,000,000).
Commissioner Plummer: The Two Towers.
Chairman Hernandez: Two million.
Vice Chairman Teele: Two million dollars ($2,000,000) for the City of Miami. Was it two
million for the City?
Chairman Hernandez: Two million. Two million dollars ($2,000,000).
Vice Chairman Teele: Is that the total of the tax valuation?
Unidentified Speaker: The total was...
Commissioner Regalado: Nine million.
Mr. Garcia -Pedrosa: I think she said nine hundred something thousand...
Vice Chairman Teele: Yeah.
Mr. Garcia -Pedrosa: .... for the whole tax bill counting City and School Board. But I, 1... That's
just what...
Vice Chairman Teele: The partnership in Texas, the... Was it Rainwater or...?
Commissioner Gort: What is the total value?
Vice Chairman Teele: Who was it? The real estate trust that just bought...
Ms. Cuervo: Loredo? [phonetic]
Vice Chairman Teele: The Rainwater Trust, or whoever it was. The group in Texas.
Mr. Garcia -Pedrosa: Loredo? [phonetic]
Vice Chairman Teele: No, no. They just bought the... the building next to Intercontinental.
That property was on the tax rolls for 40 percent of what they paid for it, and if in fact what some
experts are suggesting is correct, there could well be tens of millions of dollars of uncollected ad
valorem taxes. And I believe that...
211 March 24, 1998
Commissioner Plummer: Oh, absolutely.
Vice Chairman Teele: Say again, Mr. Chairman, Mister...?
Commissioner Plummer: Absolutely.
Vice Chairman Teele: And if that's the case, you know, somebody else has made our job a hell
of a lot harder than it ought to be, because if we can come up with ten million dollars
($10,000,000) of ad valorem taxes...
Chairman Hernandez: Uh-huh.
Vice Chairman Teele: ... as a hypothetical number of money and, and Mr. Manager, Mr.
Chairman, Mr. Attorney, Mr. Mayor, this is not discretionary. There is a state constitutional
mandate that all properties be valued at their... at their full and appraised value. And there
appear to have been a systematic effort, particularly starting in the DDA area and the CRA area...
Commissioner Plummer: Yeah, yeah.
Vice Chairman Teele: ... with efforts to reduce property taxes, and apparently it has just slidden.
It has slid out of control. And so, I would ask that the Manager to at least come in with a
statement, Mr. Manager, review those last three major transactions in the downtown and the
Brickell area and let us know exactly where they were on the tax rolls and what they have done.
Because I can tell you this, if in fact those properties have sold for two times what they are on
the tax rolls for, the City of Miami and the taxpayers are being cheated, and most of all, this
Commission and this government has been made... has had a very difficult time, unnecessarily.
Commissioner Plummer: Mr. Teele, if you read, which I am sure you do, the Miami Business
Review which I read for another reason. You will see, that in fact from where they are sold and
what they are valued for and taxed, there is no absolute comparison. And I have asked time and
time again, why the tax assessor does not fully understand State Statute. Now, you know, it just
doesn't make any sense to me at all. None at all. I would say to you that, I have checked with
the Mayor, he has no problem with the special meeting next Tuesday at one o'clock, that
anybody that has any kind of input that they wish to give to the Manager for consideration, they
do so by the end of this week. I would hope that the Manager would be able to come back in
written form to this Commission with information no later than Monday at noon, so we have at
least the opportunity to look over, read over and hopefully digest so that we will be meeting on
Tuesday at one o'clock. Now, first of all I need a motion on the meeting of Tuesday, the 31st at
one o'clock. Is there a motion?
Commissioner Gort: Move it.
Chairman Hernandez: Second.
Commissioner Plummer: Motion made by Teele, seconded by Gort. Any further discussion?
All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: The motion now carries.
212 March 24, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-322
A MOTION SCHEDULING A SPECIAL COMMISSION MEETING ON TUESDAY,
MARCH 31, AT 1 P.M. IN CONNECTION WITH AMENDING THE ANNUAL
APPROPRIATIONS ORDINANCE ENDING SEPTEMBER 30, 1998 (AMENDING
SECTIONS 1, 3 AND 5 OF ORDINANCE 11553) FOR THE PURPOSE OF
INCREASING SAID APPROPRIATIONS RELATING TO OPERATIONAL
REQUIREMENTS AND TO OTHER REQUIRED BUDGETARY ADJUSTMENTS
FOR FISCAL YEAR 1997-1998; FURTHER INSTRUCTING THE MANAGER TO
SUBMIT IN WRITING ALL PROPOSALS FOR BUDGETARY ADJUSTMENTS TO
THE MEMBERS OF THE COMMISSION FOR THEIR CONSIDERATION BY
NOON ON MONDAY, MARCH 30, 1998.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
52. MAYOR CAROLLO COMMENDS CITY COMMISSION FOR SPIRIT OF
COMPROMISE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Is there anything else that we...? Oh, I am sorry, we have that other
proclamation, Mr. Maxwell, in reference to the Mayor absent for first reading. You have it
handy? Hello?
Mayor Carollo: Before you...
Commissioner Plummer: Mr. Mayor.
Mayor Carollo: Before you give me the chair back to close the meeting...
Commissioner Plummer: Yes, sir.
Mayor Carollo: ... Commissioner, and again, thank you for running such a well meeting. At the
risk of having lobbyists going to the radio station, and as my good friend, Art said, doing
something unethical in attacking me, I will take the risk and just really want to congratulate all
of you for the consensus that I am seeing that's coming here. You know people were asking me
after the last Oversight Board meeting, what did I think the Commission was going to do. And I
kept saying, that the Commission was going to do what was right. That I have faith the
213 March 24, 1998
Commissioner would come to a consensus and do the proper thing, and I am seeing that. And I
just want to congratulate all of you, because I see that the decisions that you are coming to are
decisions that we all know were not going to be easy, but I see that there is a will to compromise,
to work with one another. And I just wanted to end the meeting in thanking all of you in seeing
that.
Commissioner Plummer: We...
Mayor Carollo: I am very happy. I am very happy when I heard that.
----------------------------------------------------------------------------------------------------------------
53. FIRST READING ORDINANCE: AMEND SECTION 2-33 AND 2-34 OF
CODE -- PROVIDE FOR CITY COMMISSIONERS TO BE ABLE TO SIGN
PROCLAMATIONS -- FURTHER PROVIDE FOR CEREMONIAL HEAD OF
GOVERNMENT IN EVENT OF VACANCY IN POSITION OF MAYOR.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, we have this ordinance which I think you are in concord
with. An ordinance amending sections 2-34 of the Code of the City of Miami, Florida, as
amended, to provide for a ceremonial head of the City government in the event of a vacancy in
the position of Mayor containing a repealer provision and a severability clause.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Eh...
Commissioner Plummer: Sir.
Mr. Maxwell: Commissioner Plummer, I inserted, just so the Commissioners will know it. I
don't know. Do you all have copies of the...? We might have run out of copies.
Commissioner Plummer: Everybody has a copy?
Mr. Maxwell: We might have run out of copies. We passed them out just now.
Commissioner Plummer: Do you want to use Section C as the resolution... the ordinance?
Mr. Maxwell: That's correct. Section... No. What happened is, I inserted also, after the word,
Mayor in the title "and providing for proclamation signatures." Because that's the information
you asked be added.
Commissioner Plummer: Yes, that's correct. Mine doesn't have that.
Mr. Maxwell: And yours doesn't have it, because I did it by hand. OK.
Commissioner Plummer:
Commissioner Plummer: Let me start over. An ordinance amending Section 2-34 of the Code
of the City of Miami, Florida, as amended to provide for a ceremonial head of the City
government in the event of a vacancy in the position of Mayor. And providing for proclamation
signatures of any City Commissioner, containing a repealer provision, severability clause and
providing for an effective date. I think, Commissioner Teele, this covers in form and substance
what you had in mind, is that correct?
214 March 24, 1998
Vice Chairman Teele: The only area that I have concern about is the... the original proviso
which affords any Commissioner the opportunity to counter sign. Is that independent of the... in
the event of a vacancy or is that dependent on that?
Commissioner Plummer: Mine shows it as part of the Section C.
Vice Chairman Teele: Then that's an error.
Mr. Maxwell: Yeah, if you want it independent of it...
Vice Chairman Teele: That's the whole issue. It was two separate issues.
Mr. Maxwell: I... I can read... It can be done so that it does reflect that. If you... All you have
to do is let me know that's what you... the way you want it, and it should be redrafted that way.
Vice Chairman Teele: Well, that was the main issue, and the... the structural issue is, so that we
never get in a situation again like that. So...
Commissioner Plummer: So, do we pass this as it is presented?
Mr. Maxwell: As it is, as amended. Now, let me make sure, because I'll be... I will redraft it.
The way it is right now, Section C says, that if there is a vacancy in office it provides for filling
the ceremonial position, if there is a vacancy. Then, in addition, where we have the language we
just added as a result of the Commissioner's comment. "Any Commissioners shall have the
opportunity to sign any proclamation, he or she chooses" will be separate and apart from the
vacancy issue. That would be something that would apply to every...
Vice Chairman Teele: That would be "D."
Mr. Maxwell: That will be "D" and that would be ongoing from day to day regardless
Vice Chairman Teele: Is...?
Mr. Maxwell: ... of whether there is a vacancy or not.
Commissioner Plummer: Is the matter understood as amended?
Vice Chairman Teele: This is first reading.
Chairman Hernandez: I move it.
Commissioner Plummer: First reading, of course.
Chairman Hernandez: I move it.
Commissioner Plummer: Moved and seconded by?
Commissioner Gort: Second.
Commissioner Plummer: Commissioner Gort. OK? Call the roll.
215 March 24, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING SECTIONS 2-33 AND 2-34 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT ANY
COMMISSIONER WHO SO DESIRES MAY BE A SIGNATORY ON CITY OF
MIAMI PROCLAMATIONS, AND FURTHER PROCEEDING FOR A CEREMONIAL
HEAD OF CITY GOVERNMENT IN THE EVENT OF A VACANCY IN THE
POSITION OF MAYOR; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Hernandez, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
54. DIRECT MANAGER TO SCHEDULE WORKSHOP WITH DADE WASTE
HAULERS -- FOR MARCH 27, 1998 AT 1 P.M., AT THE MIAMI RIVERSIDE
CENTER.
Commissioner Plummer: Is there any other matters to come before this City Commission?
Vice Chairman Teele: Mr. Chairman, one issue.
Commissioner Plummer: Mr. Teele.
Vice Chairman Teele: Mr. Manager, I would respectfully ask that you set a date, a time, this
week now that you could have a workshop with the industry in that there are certain federal rules
that prevent them from coming together to meet. There appears to be some interest by the
members of the Solid Waste Hauling Industry. If you could just have a workshop, you know,
just... You know, date and time, anytime that's convenient, so that they could all have an
opportunity and then we could ask Solid Waste to do that.
Commissioner Plummer: Right. You can call a meeting. But, Mr. Teele, let me state to you,
OK, rom one Commissioner's perspective. Anything that pertains to this, I am going to be
looking at under a very close microscope. I don't have to draw any conclusions of what has
transpired many times in the past. I, myself, have an argument with my private hauler right now,
OK? And I am not saying, I am going to get even, but I want to tell you, when they can come
back to me without asking me, and without notifying me and raise my rate, that's what I am
going to be looking at very closely, because if I can stop it, I am going to do it. If they want to
216 March 24, 1998
tell me in advance that they are going to up my rate, and I have the opportunity to agree or
disagree, that's fine. But to just send me a bill telling me that my bill now has jumped from
seventy-five dollars ($75) to ninety-four dollars ($94). Hey, Charlie, here it is, pay it. Now,
yeah, I have the option. I have the option. But let me tell you something, the history of this
industry begs out that we are going to look at it with a microscope. So don't rush it. Don't
expect to rush it as far as this Chairman or this one vote is concerned, OK? Have your
workshops, Mr. Manager. The one thing that I am going to be looking at is the schedule of fees,
and who controls whether they can raise and how they can be raised. Sir, it is a very crucial
point for me. Is there any other matter to come before this Commission?
Commissioner Gort: Move to adjourn.
Vice Chairman Teele: L. Could I get the... Before you give that statement. Mr. Manager,
could you give us please, just a date and time, and would you please ensure that all members of
the industry at least are called?
Mr. Garcia -Pedrosa: Yes, sir. The ones that are here would probably benefit. We think one
o'clock on Friday would give us enough time to be ready...
Vice Chairman Teele: Where would that be?
Mr. Garcia -Pedrosa: ... and at the same time...
Commissioner Regalado: One o'clock, Friday here?
Mr. Garcia -Pedrosa: No, at the tenth floor conference room at MRC (Miami Riverside Center).
Commissioner Regalado: How are you going to invite everybody that serves the City?
Vice Chairman Teele: Everybody.
Mr. Garcia -Pedrosa: We will send notifications out, but there are some here that will benefit
from knowing that now.
Commissioner Plummer: Those that have Gucci shoes. They were notified. All right, is there
anything else to come before this Commission?
Commissioner Gort: Move to adjourn.
Commissioner Plummer: Move to adjourn is always in order. Thank you, and good night.
217 March 24, 1998
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:07 P.M.
COMMISSIONER J. L. PLUMMER, JR.
PRESIDING OFFICERNICE CHAIRMAN
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
218 March 24, 1998