HomeMy WebLinkAboutCC 1998-04-28 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON APRIL 28, 1998 (Planning and Zoning)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. FoemanlClty Clerk
INDEX
.MINUTES OF PLANNING & ZONING MEETING
April 28, 1998
ITEM SUBJECT
NO.
1. COMMENDATIONS.
LEGISLATION
DISCUSSION
4/28/98
2. GENERAL COMMENTS BY VICE CHAIRMAN DISCUSSION
PLUMMER AND MAYOR CAROLLO ON: 4/28/98
(A) AGENDA ITEM 10- REQUEST FROM CITY
MANAGER EXACT COST TO CITY OF
PROPOSED ORDINANCE ESTABLISHING
PUBLIC TRUST FUND FOR CERTAIN SENIOR
OFFICIALS -- FURTHER INSTRUCTING
MANAGER TO PROVIDE COST IMPACT OF
SCHEDULED AGENDA ITEMS.
(B) NEED TO HAVE FLORIDA POWER AND
LIGHT MONITOR STREET LIGHTS ON
PUBLIC RIGHT OF WAYS AND TRIM
OVERGROWN LANDSCAPING
OBSTRUCTING SAME.
(C) UPDATE FROM CITY MANAGER
REGARDING CITY'S EFFORTS TO RECOVER
MONIES IN CONNECTION WITH HUD AUDIT.
(D) ILLEGAL POLITICAL SIGNS ON PUBLIC
RIGHT OF WAYS.
(E) ILLEGAL DUMPING OF TRASH IN WEST
COCONUT GROVE.
3. CONSENT AGENDA. DISCUSSION
4/28/98
3.1 ESTABLISH POLICY REGARDING DONATION R 98-406
OF RETIRED POLICE DOGS. 4/28/98
3.2 APPROVE CERVICAL COLLARS PURCHASE R 98-407
FROM AERO PRODUCTS -- FOR FIRE- 4/28/98
RESCUE -- ALLOCATE $37,000, FROM
ACCOUNT CODE 001000.280501.6.714.
3.3 ACCEPT BID: ED MORSE FLEET SALES -- R 98-408
FOR UTILITY VEHICLES -- FOR FIRE- 4/28/98
RESCUE USE -- ALLOCATE $68,497.18 FROM
CIP PROJECT SOUTH FLORIDA URBAN
SEARCH PROJECT 313826.
PAGE
NO.
2
2-4
4-15
15
16
17
3.4 APPROVE REBUILDING SOLID WASTE R 98-409 17
TRASH CRANES -- ALLOCATE $400,000. 4/28/98
FROM CIP PROJECT 311702, HEAVY
EQUIPMENT PLUS WASH REPLACEMENT.
3.5
ACCEPT BID: SECURITY EQUIPMENT
R 98-410 18
CORP -- FOR AEROSOL DELIVERY
4/28/98
3.6
RESCIND BID AWARD TO BENDEL
R 98-411 18
CORPORATION -- FOR MARINA CLEANING
4/28/98
SERVICES AT MIAMARINA -- FURTHER
AWARD BID TO MR. CLEAN RELIABLE
SERVICES, INC. -- ALLOCATE $9,564.00
FROM ACCOUNT CODE 412000.350505.6.340.
3.7
EXTEND LEASE WITH MIAMI-DADE
R 98-412 19
COUNTY -- FOR SPACE AT STEPHEN P.
4/28/98
CLARK CENTER AT 111 NW 1 ST STREET --
FOR TELECOMMUNICATIONS EQUIPMENT
FOR POLICE AND FIRE -- ALLOCATE FUNDS
FROM ACCOUNT 506000.420601.6.620.
3.8
EXECUTE PROFESSIONAL SERVICE
R 98-413 19
AGREEMENT WITH GALLAGHER-WESTFALL
4/28/98
GROUP, INC -- FOR POLICE TRAINING --
ALLOCATE $44,235.00 FROM LAW
ENFORCEMENT TRUST FUND.
3.9
ISSUE REQUEST FOR PROPOSALS (RFP)
R 98-414 20
4/28/98
4/28/98
3.10
APPROVE SWIMMING POOL REPAIRS FROM
R 98-415 20
L.A.W. CONSTRUCTION, INC., -- FOR
4/28/98
GENERAL SERVICES ADMINISTRATION --
ALLOCATE $29,000.00 FROM ACCOUNT
CODE 504000.420119.6.670.
3.11
APPROVE ISSUANCE OF INVITATION TO BID
R 98-416 21
($900,000. MINIMUM BID) -- FOR
4/28/98
DISPOSITION OF 12.6 ACRES AT 2301 NW
10TH AVENUE (BOBBY MADURO BASEBALL
STADIUM) -- UNDER AFFORDABLE HOUSING
EXCEPTION, SECTION 29-B OF CHARTER.
4.
COMMENTS FROM CITY MANAGER
DISCUSSION 22
REGARDING WITHDRAWAL OF AGENDA
4/28/98
ITEM 20 (APPROVE PLAN BY FPL ENERGY
SERVICES, INC FOR WATER DISTRIBUTION
SYSTEM) -- SEE LABEL 7.
5.
TABLE TO AFTERNOON SESSION AGENDA
DISCUSSION 23
ITEM 4 (PERSONAL APPEARANCE: ELLIOT
4/28/98
KAPLAN) -- SEE LABEL 13.
6. DISCUSS / DEFER CONSIDERATION OF M 98-417 23-24
AGENDA ITEM 23 (REMOVAL OF M/V OCEAN 4/28/98
FREEZE FROM FLORIDA EAST COAST
PROPERTY (FEC) SLIP).
7. DEFER CONSIDERATION OF AGENDA ITEM M 98-418 25-26
20 (APPROVE PLAN BY FLORIDA POWER 4/28/98
AND LIGHT (FPL) ENERGY SERVICES, INC. --
FOR WATER DISTRIBUTION SYSTEM) -- SEE
LABEL 4.
8. COMMENTS / DIRECTION TO CITY DISCUSSION 26-27
MANAGER REGARDING COMMUNITY 4/28/98
DEVELOPMENT ALLOCATIONS TO WEST
COCONUT GROVE AREA, WEST OF 32ND
AVENUE.
9. (A) APPROVE ESTABLISHING RATE OF
ASSESSMENT FOR FIRE RESCUE
SERVICES -- IMPOSE FIRE RESCUE
ASSESSMENTS AGAINST ASSESSED
PROPERTY WITHIN CITY LIMITS -- APPROVE
ASSESSMENT ROLL -- DIRECT CITY
ATTORNEY TO ENGAGE OUTSIDE COUNSEL
TO PURSUE PUBLIC HOUSING PAYMENT OF
FIRE ASSESSMENT -- FURTHER DIRECT
CITY ATTORNEY TO EXPLORE LEGALITY OF
PUBLISHING NAMES AND FACES OF
CONVICTED DRUG DEALERS AND
PROSTITUTES ON CABLE NET 9 -- ALSO
DIRECT ADMINISTRATION TO STUDY
CURTAILING NOISE OF ICE CREAM AND
LUNCH TRUCKS IN EVENING HOURS.
(B) DISCUSSION REGARDING PRIOR
INSTRUCTION TO ADMINISTRATION TO
CONDUCT RECYCLING WORKSHOPS AND
TO DEVISE EFFORTS TO REGULATE
RECYCLING COMPANIES -- FURTHER
COMMENTS REGARDING NEED TO ENSURE
THERE IS NO DIVERSION OF FUNDS
UNDER RECYCLING -- FURTHER DIRECT
CITY ATTORNEY TO REVIEW LEGALITY OF
USING FIRE FEE FUNDS TO PROTECT
POOR TENANTS FROM ABUSIVE RENT
HIKES.
10. APPROVE WITH CONDITIONS CONTINUING
ENGAGEMENT OF GOVERNMENT SERVICES
GROUP / NABORS, GIBLIN & NICKERSON,
PA / DAVID M. GRIFFITH & ASSOCIATES,
LTD. -- FOR CONSULTING SERVICES -- FOR
NON -AD VALOREM ASSESSMENT
PROGRAM FOR FUNDING FIRE RESCUE
SERVICES -- ALLOCATE $95,000.00 FROM
SPECIAL REVENUE FUND.
R 98-419
4/28/98
R 98-420
4/28/98
27-59
59-66
11.
APPROVE WITH CONDITIONS MAJOR USE
R 98-421 66-69
SPECIAL PERMIT FOR PERFORMING ARTS
4/28/98
CENTER OF GREATER MIAMI -- LOCATION:
1300 AND 1301 BISCAYNE BOULEVARD --
APPLICANT: KNIGHT RIDDER, INC & MIAMI
DADE-COUNTY.
12.
GENERAL COMMENTS TO TABLE TO LATER
DISCUSSION 70
IN SESSION AGENDA ITEM 3 (RATIFY SOLE
4/28/98
SOURCE FINDING FOR PURCHASE OF
MOTOROLA PORTABLE RADIOS WITH
SMARTNET SOFTWARE) -- SEE LABEL 14.
13.
DENY REQUEST FROM COCONUT
M 98-422 70-72
PRODUCTIONS FOR NEW YEAR'S EVE
4/28/98
PARTY AT PEACOCK AND MYERS PARK --
SEE LABEL 5.
14.
RATIFY APPROVE / CONFIRM FINDING OF
R 98-423 73-75
SOLE SOURCE FOR PURCHASE OF
4/28/98
MOTOROLA PORTABLE RADIOS WITH
SMARTNET SOFTWARE -- ALLOCATE
$45,000.00 FROM ACCOUNT CODE
799211.452264.6.940. -- SEE LABEL 12 --
FURTHER COMMENTS REGARDING NEED
TO FIND OTHER VENDORS FOR SIMILAR
FUTURE PURCHASES.
15.
APPROVE EMERGENCY ORDINANCE:
ORDINANCE 75-77
ESTABLISH SUMMER FOOD SERVICE
11646
PROGRAM FOR CHILDREN 1998 SPECIAL
4/28/98
REVENUE FUND -- APPROPRIATE $471,000.
GRANT FUNDS THROUGH STATE
DEPARTMENT OF EDUCATION.
16.
AUTHORIZE MIAMI-DADE COUNTY TO
R 98-424 77-78
ACCEPT BID FOR CITY -- FOR VENDORS TO
4/28/98
PROVIDE UNITED STATES DEPARTMENT OF
AGRICULTURE (USDA) APPROVED MEALS
TO CHILDREN UNDER CITY'S SUMMER
FOOD SERVICE PROGRAM 1998.
17.
TABLE TO LATER IN SESSION
DISCUSSION 78-79
CONSIDERATION OF AGENDA ITEM 7
4/28/98
(EMERGENCY ORDINANCE: AMEND
SECTIONS 1,3,5 OF ANNUAL
APPROPRIATIONS ORDINANCE -- FOR
FISCAL YEAR ENDING SEPTEMBER 30,
1998 -- FOR BUDGETARY ADJUSTMENTS
PURPOSES) -- SEE LABEL 41.
18.
FIRST READING ORDINANCE: AMEND
ORDINANCE 79-82
CHAPTER 54, ARTICLE 1, SECTION 54-8 OF
FIRST
CODE: USING STREET OR SIDEWALK FOR
READING
ADVERTISING -- FURTHER COOMENTS ON
4/28/98
USING STREET OR SIDEWALK
ADVERTISING IN LIEU OF NEWSPAPER
RACKS ORDINANCE.
19. CONTINUE CONSIDERATION OF AGENDA M 98-425
ITEM PZ-1 (PROJECT FOR MIAMI 4/28/98
CHILDREN'S MUSEUM) TO COMMISSION
MEETING OF MAY 26, 1998 AT 2 P.M. -- SEE
LABEL 23B.
20.
CONTINUE CONSIDERATION OF AGENDA
DISCUSSION
ITEM PZ-7a (RELEASE OF SANITARY SEWER
4/28/98
COVENANT -- LOCATION: 2785, 2855, 2835
TIGERTAIL AVENUE) AND AGENDA ITEM 7b
(ZONING COVENANT MODIFICATION FOR
PROPERTY AT 2785,2855, 2835 TIGERTAIL
AVENUE) TO COMMISSION MEETING OF
MAY 26, 1998 NO EARLIER THAN 4 P.M.
21.
CONTINUE CONSIDERATION OF AGENDA
M 98-427
ITEM PZ-8 (APPEAL REGARDING
4/28/98
PROPOSED LODGING HOUSE AT 2785, 2855,
2835 TIGERTAIL AVENUE) TO COMMISSION
MEETING OF MAY 26, 1998 AT 4 P.M. OR
LATER.
22.
BRIEF COMMENTS REGARDING
DISCUSSION
WITHDRAWAL BY APPLICANT OF PZ9
4/28/98
(APPEAL OF ZONING BOARD DECISION
APPROVING SPECIAL EXCEPTIONS TO
PERMIT MARINA FOR RESIDENTIAL
DEVELOPMENT -- LOCATION: 1643
BRICKELL) AND PZ10 (APPEAL OF ZONING
BOARD DECISION APPROVING VARIANCE
TO PERMIT SEPARATION OF DOCK --
LOCATION: 1643 BRICKELL AVENUE).
23.
(A) CONTINUE CONSIDERATION OF
M 98-428
AGENDA ITEM PZ11 (APPEAL OF ZONING
4/28/98
BOARD DECISION TO DENY VARIANCE TO
PERMIT SETBACKS -- LOCATION: 1520 SW
11 STREET) TO COMMISSION MEETING OF
MAY 26, 1998, AT 2PM.
(B) CHANGE HEARING TIME FOR AGENDA
ITEM PZ1 SCHEDULED FOR MAY 26, 1998
FROM 5 PM TO 2 PM. -- SEE LABEL 19.
24.
(A) FIRST READING ORDINANCE: AMEND
ORDINANCE
ORDINANCE 11332 -- INCREASE
FIRST
APPROPRIATIONS FOR GANG RESISTANCE
READING
EDUCATION AND TRAINING SPECIAL
4/28/98
REVENUE FUND BY $85,000.00 GRANT.
(B) INSTRUCT CITY MANAGER TO
SCHEDULE SHORT PRESENTATION ON
DOMESTIC VIOLANCE FOR MAY 12, 1998
COMMISSION MEETING.
82-83
83-84
84-86
E-*r-
87-88
89-90
25.
FIRST READING ORDINANCE: AMEND
DISCUSSION
90-91
ORDINANCE 11332 -- INCREASE
4/28/98
APPROPRIATIONS FOR GANG RESISTANCE
EDUCATION AND TRAINING SPECIAL
REVENUE FUND BY $85,000.00 GRANT.
(B) INSTRUCT CITY MANAGER TO
SCHEDULE SHORT PRESENTATION ON
DOMESTIC VIOLANCE FOR MAY 12, 1998
COMMISSION MEETING.
26.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE
91-92
SOUTH FLORIDA URBAN SERACH AND
FIRST
RESCUE FL-TF2 SPECIAL REVENUE FUND --
READING
FOR DISBURSING FEDERAL EMERGENCY
4/28/98
MANAGEMENT AGENCY FUNDS DUE CITY
AS REIMBURSEMENTS.
27.
CONTINUE DISCUSSION -- RESCHEDULE
DISCUSSION
92-93
FOR NEXT AGENDA PROPOSED FIRST
4/28/98
READING ORDINANCE TO ESTABLISH
PUBLIC TRUST FUND FOR CERTAIN SENIOR
OFFICIALS AND STAFF MEMBERS --
COMMISSIONER TEELE REQUEST BRIEFING
FROM CITY MANAGER ON SAID ITEM -- SEE
LABEL 25.
28.
FIRST READING ORDINANCE: AMEND
ORDINANCE
93-94
SECTION 18-84 OF CODE: EMERGENCY
FIRST
PURCHASES -- AUTHORIZE CITY MANAGER
READING
TO EXPEND UP TO $150,000 FOR URBAN
4/28/98
SEARCH AND RESCUE TASK FORCE.
29.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE
94-95
MIAMI-DADE COUNTY EMS GRANT AWARD
FIRST
(FY'97-'98) SPECIAL REVENUE FUND.
READING
4/28/98
30.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE
95-96
INITIAL RESOURCES FOR EAST LITTLE
FIRST
HAVANA MINORITY YOUTH DIVERSION
READING
PROGRAM SPECIAL REVENUE FUND.
4/28/98
31.
DIRECT CITY MANAGER TO SELL OR LEASE
R 98-429
96-97
SURPLUS REAL PROPERTIES WITH
4/28/98
CONDITIONS.
32.
ACCEPT PROPOSAL FROM PARSONS,
R 98-430
98-99
BRINCKERHOFF, QUADE & DOUGLAS, INC --
4/28/98
FOR ALLAPATTAH PRODUCE AREA
TRANSPORTATION STUDY -- ALLOCATE
$15,000. FROM COMMUNITY DEVELOPMENT
BLOCK GRANT CONTINGENCY ACCOUNT
700022.
33.
AWARD $1,210,831.00 HOPWA (HOUSING
R 98-431
99-100
OPPORTUNITIES FOR PERSONS WITH AIDS)
4/28/98
GRANT FUNDS TO SERVICE PROVIDERS --
FOR HOUSING ASSISTANCE AND RELATED
SERVICES TO VERY LOW INCOME
PERSONS WITH HIV/AIDS.
34.
TABLE TO LATER IN SESSION APPROVING
DISCUSSION
100-103
PERMITS FOR CALLE OCHO EVENT -- SEE
4/28/98
LABEL 36.
35.
RATIFY / APPROVE / CONFIRM CITY
R 98-432
103-104
MANAGER'S EMERGENCY FINDING --
4/28/98
AUTHORIZE INCREASE IN AGREEMENT
WITH DATA STORAGE CENTERS -- FOR
STORAGE OF INACTIVE RECORDS OF CITY
ATTORNEY'S OFFICE -- ALLOCATE
$10,000.00 FROM ACCOUNT 231010-250.
36.
DEFER CONSIDERATION OF APPROVING
M 98-433
104-105
PERMITS FOR CALLE OCHO EVENT --
4/28/98
DIRECT CITY MANAGER TO RESEARCH
MATTER AND RETURN WITH
RECOMMENDATIONS -- SEE LABEL 34.
37.
(A) TABLE TO LATER IN SESSION
DISCUSSION
105-107
EXTENDING EMERGENCY VALET PARKING
4/28/98
IN COCONUT GROVE -- SEE LABEL 43.
(B) COMMENTS REGARDING NEED TO
REGULATE PARKING FOR MOTORCYCLES
IN COCONUT GROVE.
38.
GRANT SIX MONTHS EXTENSION TO LATIN
R 98-434
107-113
AMERICAN GOURMET RESTAURANT, INC.
4/28/98
CONTINGENT UPON OBTAINING LETTER OF
CREDIT WITHIN 30 DAYS.
39.
DISCUSS / REQUEST PENSION BOARD TO
DISCUSSION
113-122
RECONSIDER AWARDING PENSION TO
4/28/98
FORMER CITY MANAGER CEASR H. ODIC.
40.
APPOINT THOMAS A. MOORE TO COCONUT
R 98-435
123
GROVE PARKING ADVISORY COMMITTEE.
4/28/98
41.
(A) EMERGENCY ORDINANCE: AMENDING
ORDINANCE 124-133
SECTIONS 1.3 AND 5 OF APPROPRIATIONS
11647
ORDINANCE 11553 -- INCREASE
4/28/98
APPROPRIATIONS FOR BUDGETARY
ADJUSTMENTS --FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1998.
(B) DISCUSSION REGARDING SALARY
INCREASES FOR SENIOR EXECUTIVES AND
RESIDENCY REQUIREMENT FOR
EMPLOYEES.
(C) DISCUSSION REGARDING EQUAL
BUDGETARY ALLOCATIONS FOR OFFICES
OF CITY COMMISSIONERS.
(D) COMMENTS REGARDING PROPOSED
TRANSFER OF SURPLUS FUNDS FROM
UTILITY SERVICE TAX SPECIAL REVENUE
FUND TO GENERAL FUND ($1,949,000.) --
FOR FISCAL YEAR ENDING SEPTEMBER 30,
1998 -- FOR BUDGETARY ADJUSTMENTS.
42.
EMERGENCY ORDINANCE: TRANSFER
ORDINANCE 133-136
SURPLUS FUNDS FROM UTILITY SERVICE
11648
TAX SPECIAL REVENUE FUND TO GENERAL
4/28/98
FUND ($1,949,000.) -- FOR FISCAL YEAR
ENDING SEPTEMBER 30, 1998 -- FOR
BUDGETARY ADJUSTMENTS.
43.
EMERGENCY ORDINANCE: AMEND
ORDINANCE 137-138
ORDINANCE 11543 -- EXTEND AUTHORIZED
11649
TIME FOR VALET PARKING IN PUBLIC
4/28/98
RIGHTS -OF -WAY IN COCONUT GROVE --
FOR ADDITIONAL SIX MONTHS.
44.
URGE UNITED STATES COAST GUARD TO
R 98-436 139-140
MAINTAIN IN CLOSED POSITION EAST
4/28/98
BASCULE BRIDGE ON VENETIAN
CAUSEWAY -- UNTIL WEST BASCULE
BRIDGE IS COMPLETED.
45.
GRANT EXEMPTION TO NOISE
R 98-437 140-142
ORDINANCE -- FOR USA NETWORK
4/28/98
TELEVISION SERIES "SINS OF THE CITY"
WITH CONDITION.
46.
DIRECT CITY MANAGER TO SURVEY
DISCUSSION 142-143
SPRING GARDEN AREA -- FOR TRAFFIC
4/28/98
CONGESTION CAUSED BY CONSTRUCTION
DONE BY WATER AND SEWER AUTHORITY
(WASA) .
47.
DIRECT CITY MANAGER TO HAVE PUBLIC
DISCUSSION 143
WORKS REPAIR ROAD SURFACE ON
4/28/98
FRANKLIN AVENUE.
48. DIRECT CITY MANAGER TO INFORM UTILITY DISCUSSION 143-144
COMPANIES THEY MUST REPAIR 4/28/98
SIDEWALKS DAMAGED DURING
CONSTRUCTION WORK -- FURTHER
INSTRUCT MANAGER TO PURSUE
CONSTRUCTION COMPANIES DRIVING
HEAVY EQUIPMENT OVER SIDEWALKS.
49. EXPRESS SOLIDARITY WITH HONDURAN R 98-438 144-145
COMMUNITY FOR UNJUST TREATMENT BY 4/28/98
IMMIGRATION AND NATURALIZATION
SERVICES (INS).
50. RECOMMEND ENGAGEMENT OF HOLLAND R 98-439 145-146
AND KNIGHT AS BOND COUNSEL FOR 4/28/98
DEPARTMENT OF OFF STREET PARKING.
51. DIRECT ADMINISTRATION TO CONTACT M 98-440 147-148
FLORIDA DEPARTMENT OF TOURISM TO 4/28/98
INCLUDE CITY LOCATIONS IN STATE OF
FLORIDA TOURISM ADVERTISING
CAMPAIGN -- FURTHER REQUEST THAT
CITY LEGISLATIVE LIAISON WORK WITH
CITY DELEGATION IN STATE LEGISLATURE
TO PROMOTE CITY ATTRACTIONS.
52. DIRECT CITY MANAGER TO STUDY M 98-441 148-149
MAPPING PROCESS DEVICE APPLIED BY 4/28/98
ST. PETERSBURG, FLORIDA, TO DETER
PROSTITUTION.
53. (A) DIRECT CITY MANAGER TO PROVIDE R 98-442 149-151
COMMISSIONERS WITH CHART LISTING ALL 4/28/98
STATE AND COUNTY ROADS RUNNING
THROUGH CITY.
(B) DIRECT CITY MANAGER TO APPEAR
BEFORE METROPOLITAN PLANNING
ORGANIZATION (MPO) TO REQUEST THAT
N.E. SECOND AVENUE, FROM 36 STREET
NORTH TO CITY LINE, AND 17 AVENUE BE
CONSIDERED HIGH PRIORITY FOR STATE
FUNDING -- FURTHER REQUEST FUNDS
FOR RECONSTRUCTION THAT WOULD
INCLUDE PUBLIC ART RECOGNIZING
HAITIAN COMMUNITY.
54. DIRECT MANAGER TO STUDY PARKS IN M 98-443 151-152
LITTLE HAITI -- PRESENT PLAN TO ENSURE 4/28/98
HAVING PARK IN LITTLE HAITI, POSSIBLY
USING INACTIVE PARKING PARCEL.
55. BRIEF COMMENTS REGARDING POOL DISCUSSION 152-153
CLOSURE AT VIRRICK PARK -- DIRECT CITY 4/28/98
MANAGER TO DEVELOP PLAN ROTATING
USE OF PARKS WITH POOLS TO ENSURE
THEM OPEN FOR MORE THAN TWO
MONTHS.
56. GRANT MAJOR USE SPECIAL PERMIT FOR R 98-444
MUTINY II CONDOMINIUMS -- LOCATION: 4/28/98
2889 McFARLANE ROAD & 2951 SOUTH
BAYSHORE DRIVE -- APPLICANT: MUTINY
ON THE BAY. LTD.
57. UPHOLD ZONING BOARD R 98-445
RECOMMENDATION FOR OFFICIAL 4/28/98
VACATION AND CLOSURE OF PUBLIC RIGHT
OF WAY -- LOCATION: NW 63 STREET
BETWEEN NW 6 AVENUE AND 7 AVENUE --
APPLICANT: BELAFONTE TACOLCY
CENTER, MICKENS STATES, TACOLCY
ECONOMIC DEVELOPMENT
CORPORATION -- PERSONAL APPEARANCE;
LORENZO SIMMONS.
58. APPROVE MAJOR USE SPECIAL PERMIT R 98-446
FOR RITZ-CARLTON PROJECT -- LOCATION: 4/28/98
3300 & 3350 SW 27 AVENUE 2701 S.
BAYSHORE DRIVE & TIGERTAIL AVENUE --
APPLICANT: GROVE MIAMI HOLDINGS, INC,
COCONUT GROVE BANK & GROVE
COMPCO.
59. APPROVE OFFICIAL VACATION AND R 98-447
CLOSURE OF PUBLIC RIGHT OF WAY -- FOR 4/28/98
PORTION OF CORNELIA DRIVE AND
GREENWOOD ROAD -- LOCATION; 3300 SW
27 AVENUE 2701 S. BAYSHORE DRIVE &
TIGERTAIL AVENUE -- APPLICANT: GROVE
MIAMI HOLDINGS, INC. COCONUT GROVE
BANK & GROVE COMPCO.
60. DENY APPEAL OF ZONING BOARD R 98-448
DECISION WHICH DENIED SPECIAL 4/28/98
EXCEPTION TO PERMIT USED CAR SALES
IN C-1 RESTRICTED COMMERCIAL
DISTRICT -- LOCATION; 916 NE 79
STREET -- APPLICANT: SONNY NETKIN.
61. SECOND READING ORDINANCE: APPROVE ORDINANCE
AMMENDING ORDINANCE 10544 -- AMEND 11650
FUTURE LAND USE MAP OF 4/28/98
COMPREHENSIVE NEIGHBORHOOD PLAN --
CHANGE LAND USE DESIGNATION FROM
RESTRICTED COMMERCIAL TO CENTRAL
BUSINESS -- LOCATION: 666 BISCAYNE
BOULEVARD -- APPLICANT: 666 BISCAYNE
BOULEVARD LTD. -- FURTHER INSTRUCT
OWNER TO CLEAN PROPERTY.
153-156
157-158
158-162
162-164
165-171
171-175
62.
SECOND READING ORDINANCE: AMEND
ORDINANCE
ORDINANCE 11000, CHANGE ZONING ATLAS
11651
FROM C-1 RESTRICTED COMMERCIAL TO
4/28/98
CBD CENTRAL BUSINESS DISTRICT --
LOCATION: 666 BISCAYNE BOULEVARD --
APPLICANT: 666 BISCAYNE BOULEVARD
LTD.
63.
FIRST READING ORDINANCE: TO AMEND
ORDINANCE
ORDINANCE 10544 FROM MEDIUM DENSITY
FIRST
MULTIFAMILY RESIDENTIAL TO
READING
RESTRICTED COMMERCIAL -- LOCATION:
4/28/98
3691-93 SW 13 TERRACE, 1305 SW 37
AVENUE & 1321 SW 37 AVENUE --
APPLICANT: CORAL WAY DIAGNOSTIC
CENTER, INC.
64.
DENY FIRST READING ORDINANC: TO
M 98-449
ALLOW STORAGE OR PARKING OF MAJOR
4/28/98
RECREATIONAL EQUIPMENT (BOATS,
RECREATIONAL VEHICLES) IN RESIDENTIAL
FRONT YARDS.
65.
APPROVE MAJOR USE SPECIAL PERMIT
R 98-450
WITH CONDITIONS FOR BAYSHORE PALMS
4/28/98
PROJECT -- LOCATION: 1201 BRICKELL BAY
DRIVE -- APPLICANT: MUTUAL OF OMAHA
INSURANCE COMPANY (OWNER) 7
MULTIPLAN USA CORP.
(APPLICANT/PURCHASER) -- FURTHER
COMMENTS FROM COMMISSIONERS
REGARDING NEED TO ADRESS TRAFFIC
ISSUE AS WELL AS REQUESTING COPY OF
DOCUMENTS REGARDING BEAUTIFICATION
OF AREA.
175-176
176-188
189-199
200-249
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th day of April, 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 10:01 a.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)
Commissioner J.L. Plummer, Jr. (District 2)
Jose Garcia- Pedrosa, City Manager
Alex Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Humberto Hernandez (District 3)
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Mayor Carollo who then led those present in a pledge of
allegiance to the flag.
1 April 28, 1998
COMMENDATIONS
DETECTIVE ROBIN STARKS: OUTSTANDING POLICE OFFICER OF THE
MONTH OF FEBRUARY, 1998.
DETECTIVE CARLOS AVILA / DETECTIVE JACK CALVAR / SERGEANT
NELSON ANDREU: OUTSTANDING POLICE OFFICERS OF THE MONTH
OF FEBRUARY, 1997.
END OF DISCUSSION -- NO ACTION TAKEN
------------------------------------------------------- --------------- ------------------------------------------
2. GENERAL COMMENTS BY VICE CHAIRMAN PLUMMER AND MAYOR
CAROLLO ON:
(A) AGENDA ITEM 10 - REQUEST FROM CITY MANAGER EXACT
COST TO CITY OF PROPOSED ORDINANCE ESTABLISHING
PUBLIC TRUST FUND FOR CERTAIN SENIOR OFFICIALS --
FURTHER INSTRUCTING MANAGER TO PROVIDE COST IMPACT
OF SCHEDULED AGENDA ITEMS.
(B) NEED TO HAVE FLORIDA POWER AND LIGHT MONITOR
STREET LIGHTS ON PUBLIC RIGHT OF WAYS AND TRIM
OVERGROWN LANDSCAPING OBSTRUCTING SAME.
(C) UPDATE FROM CITY MANGER REGARDING CITY'S EFFORTS TO
RECOVER MONIES IN CONNECTION WITH HOUSING AND
URBAN DEVELOPMENT (HUD) AUDIT.
(D) ILLEGAL POLITICAL SIGNS ON PUBLIC RIGHT OF WAYS.
(E) ILLEGAL DUMPING OF TRASH IN WEST COCONUT GROVE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, the minute that we get an additional member of the Commission here, and
we have a quorum we will begin... Yeah, at ten.
Vice Chairman Plummer: Mr. Mayor, with your permission, I have a few items to throw at the
City Manager. Mr. Manager, one of the items in reference to the equating of pension, to
straighten out that pension problem that's on the agenda, there is no backup as to the dollars
amount. We need to know those dollars amounts, if not, it's going to be pulled.
Mr. Jose Garcia -Pedrosa (City Manager): The dollars?
Vice Chairman Plummer: The cost factor of this related ordinance.
Mr. Garcia -Pedrosa: In so far as the twenty percent is concerned, it would be twenty percent of
what the salary is...
Vice Chairman Plummer: Well, we need to know what the cost dollars are, OK? Is it one
hundred dollars ($100)? Is it one thousand dollars ($1,000)? We need to know that in lieu of,
it's going to be pulled, OK?
Mayor Carollo: Well, what Vice Chairman Plummer is trying to say, Mr. Manager, is that this
Commission needs to know every time it is voting upon something the exact dollar amount of
2 April 28, 1998
what is before them that they are going to approve. It's really the way that we should have been
doing this for some time. I understand it's difficult with so many items that are in an agenda
every time. And so little time sometimes to put it together, but this is the kind of thing that we
need to start doing on every item that comes before the Commission, to have an exact dollar
amount of what it's going to cost the City.
Vice Chairman Plummer: Mr. Manager, I spoke to you previously about the street light problem
with Florida Power and Light. To my knowledge, nothing has been done. The street lights are
still out. The street lights are still in the trees. To give you a good example, on Tigertail, Florida
Power and Light sent a crew down there to trim all of the trees to get away from their wires, the
street lights were still hidden, you can't find them at night because they are in a clump of trees.
You know, my problem I guess is, Mr. Manager, is they really don't care because they get paid
regardless. Whether the street light is on or off, whether it's in a clump of trees or not, they still
get paid. I mean, I would love to have a business that way, but they just don't seem to want to
take and to clean out a five million dollar ($5,000,000) account and they don't have a single
person that is backing up and looking into that account. Mr. Manager, it cries out to be done. I
have a little two block by four block subdivision I live in, and you are looking at the fact that
there are two lights out and two in the trees that you can't find. I have asked before, I never get a
response, I never get any action. I think it's absolutely, it's getting to be a rip-off. So take it
from there and get back to me. I don't want to talk with the people at FP&L, I want action.
Mr. Garcia -Pedrosa: Let me ask Jim Kay who has been dealing with this issue...
Vice Chairman Plummer: You know, Mr. Manager, we are not in the regular meeting. I am just
making a notation on the things I need you to address.
Mr. Jim Kay (Director of Public Works): We will look into that, Commissioner. We'll take care
of it.
Vice Chairman Plummer: Yeah. I will ask at the end of the day, Mr. Manager, as I was asked
last night at the Coconut Grove meeting in reference to the HUD (Department of Housing and
Urban Development) audit, what we are doing to in fact, try to reclaim some of the monies that
have been lost and not recovered. I need to have an update on that for the television, for people
to be able to understand what is going on. And the final thing I have, Mr. Mayor, it will sound
funny. Mr. Manager, I have sent you two memos in reference to political signs. Politics in this
town are a minimum of six months off. We are getting inundated with four by eight political
signs in which there is no place in this City that they are legal. On public -right -of way, you can
take them down as they are put up. On private property they are regulated in size and must take
out and pay for a permit. I don't see any action. I beg you to drive Biscayne Boulevard,
everywhere you look, every day, you get a hundred or four by eight political signs. If you don't
stop it now, Mr. Manager, it's six months off, you can imagine what's going to happen between
now and then. A good seventy-five dollar ($75) ticket to the owner of the property, he ain't go
stand for it very, very long. Again, we are not in regular meeting, as far as I am concerned, I just
need to bring this up. I'll tell you what else I will bring up, and these are things that came from
West... from the West Homeowners of Coconut Grove yesterday. Mr. Manager, they are upset
about...
NOTE FOR THE RECORD: At 9:50 a.m. Commissioner
ega a o entered the City Commission Chambers.
drugs and crime. But let me tell you what they are also very, very upset about, illegal dumping
of trash and garbage. For whatever reason, Coconut Grove, West Grove is being inundated...
April 28, 1998
inundated, and it is crazy. I don't know whether we want to go the route of Ft. Lauderdale. I am
not even sure I want to go that route, and that is jail time. Ft. Lauderdale is becoming a very,
very clean City, because those people, who are taking pickup trucks and dumping everything on
the street, are going to jail. That they respect. But we need to do something and we need to do it
now. And I will ask you to give me an answer on that because I have to report back to my
district as to what they are very, very concerned... And it's not just them. It's a lot of places.
Mr. Pinon, are you going to take care of the garbage cans?
Mr. Jose Pinon (Assistant City Manager): Yes, sir.
Vice Chairman Plummer: They make a good point, Mr. Mayor, last night. That is that they...
garbage cans on Grand Avenue and we say to them keep it clean, and they got no place to throw
the garbage. So they are going to get some garbage cans. We got three members now.
Mayor Carollo: OK. And it is 10:01, so we could begin.
----------------------------------------------------------------------------------------------------------------
3. CONSENT AGENDA
(A) DEFER TO LATER IN SESSION AGENDA ITEM CA-14
(CONTINUED ENGAGEMENT OF FIRE ASSESSMENT FEE
CONSULTANTS). -- SEE LABEL 10.
------------------ ---------------------------------------------------------------------------------------------
Mayor Carollo: OK, we are now beginning the Consent Agenda.
Vice Chairman Plummer: Mr. Mayor, the request is that items one, two and eleven...
Commissioner Gort: Two.
Vice Chairman Plummer: Just two?
Commissioner Gort: One is fine.
Mayor Carollo: OK.
Vice Chairman Plummer: OK. Mr. Gort asked that number two be pulled and I am asking that
number eleven be pulled.
Mayor Carollo: OK, so CA-2 and CA-11.
Vice Chairman Plummer: Will be thrown over to the next meeting automatically on regular
agenda.
Commissioner Regalado: I don't... Mr. Mayor. I don't want any issue pulled from the agenda,
but I have just a question and a comment, maybe on CA-4. I'm looking at space that we rent at
the County Hall, the Stephen Clark...
Vice Chairman Plummer: CA-4?
Commissioner Regalado: ... Center. This is for the City's communications, and...
Vice Chairman Plummer: Excuse me.
4 April 28, 1998
Mayor Carollo: The CA, CA-8.
Vice Chairman Plummer: Are you saying CA-4?
Mayor Carollo: No, eight. Eight.
Commissioner Regalado: No, I am sorry. CA-8. I am sorry.
Vice Chairman Plummer: Oh.
Commissioner Regalado: CA-8. And I am looking here that the rent is going up. It's an irony
though, that we... when we were discussing the fire -tee, we had here Commissioners and
representatives from the County that were really adamant on us not imposing any fee on the
County and we got letters from the Housing Department saying that it would be a tragedy. But
now, I am looking here that not only we have to pay ten thousand eight hundred and ninety
dollars ($10,890) for that space, but they are raising the rent. Maybe, because of inflation, right?
I am not quite sure why are they doing that.
Ms. Dena Bianchino (Assistant Manager/Asset Management): Because it's in the lease.
Commissioner Regalado: I am sorry.
Ms. Bianchino: It's in the lease agreement that they have the right to raise the rent.
[NOTE FOR THE RECORD: COMMISSIONER HERNANDEZ ENTERED THE
COMMISSION CHAMBERS AT 10:03 A.M.]
Commissioner Regalado: Oh, yeah. Well, they have the right, but what I am... what I am
saying is, that it's untimely because it's... Well, it shows that we have a one-way relationship,
then.
Commissioner Gort: Let me...
Vice Chairman Plummer: Oh, oh, and you are just finding that out.
Commissioner Regalado: Yeah. No.
Vice Chairman Plummer: It's been for years.
Commissioner Regalado: No, no.
Commissioner Gort: Let me ask you a question. Can we somehow, the Manager and staff, sit
down with their management and their staff and in lieu of the services that the City of Miami
provides for them, can we have some exchange? I mean...
Mr. Jose Garcia -Pedrosa (City Manager): Commissioner, the accounting of who does what for
whom has been done by, I am told for several years, in different ways, in different times. And I
will tell you that the last time it came up, it's as Commissioner Regalado says, because of the
fire -fee. And the then County Manager told me that they were giving us, I don't know how
many millions of dollars more than... than...
Commissioner Regalado: Yeah, but that was their assessment.
5 April 28, 1998
Mr. Garcia -Pedrosa: That was their assessment.
Commissioner Regalado: Could you make our assessment?
Mr. Garcia -Pedrosa: I think we should, yes. I
have to take a number of not just physical
something that we should do, yes.
think that's not a simple task, but... because you
places, but services into account. But that's
Vice Chairman Plummer: Mr. Regalado, until you start saying no to everything they come on.
This is over a period of 28 years that I have been here, they are going to take advantage of this
City every time they have the opportunity. They... they think that cooperation is a one-way
street.
Commissioner Regalado: Mr. Chairman, I have another question on CA-14. This is a question
for the City Attorney. Alex, we recently decided on the fire -fee, and it's been decided that it
would be, but yet it seems that we have to pay ninety-five thousand dollars ($95,000) more for
these studies. Why are we paying this? Why do we need to pay ninety-five thousand dollars
($95,000)?
Mr. Alex Vilarello (City Attorney): As... as I understand it, this was a recomputation of the non -
ad valorem assessment when we went from the higher assessment amount to the most recent
streamline assessment with regard to capital.
Commissioner Regalado: So we...?
Mr. Vilarello: Is that...? I believe that's correct. So this is work that had to be redone. The law
firm is not charging additional fees associated with this. This is the actual work of determining
the non -ad valorem assessment.
Vice Chairman Plummer: Who authorized it? Who authorized it?
Commissioner Regalado: It wasn't us.
Vice Chairman Plummer: Eh?
Commissioner Regalado: It wasn't us.
Vice Chairman Plummer: I don't remember approving it.
Commissioner Regalado: We did not. That's why I am asking. It's like the...
Mr. Vilarello: The work hasn't been done yet. The work...
Vice Chairman Plummer: It's like the ninety thousand for Watson Island by Holland and
Knight.
Mr. Vilarello: The work hasn't been done yet.
Vice Chairman Plummer: I mean, there are things going out this door that we don't know about.
Commissioner Regalado: Which by the way, Mr. Chairman, I... I asked for a legal opinion on
whether who was responsible for doing this action in terms of authorizing something that the
Commission did not authorize.
6 April 28, 1998
Mr. Vilarello: Mr. Chairman, this is a future work to be performed. This is the Request for
Authorization for the work to be performed.
Commissioner Regalado: Well...
Commissioner Gort: You got to have it in case you go to court.
Commissioner Hernandez: I have a question on CA-13 when you are finished with CA-14.
Commissioner Regalado: I have... I already finished. I mean, you know, there is nothing we can
do about it.
Mayor Carollo: Go ahead, Commissioner.
Vice Chairman Plummer: Well, I... You know... I... I... you raised a good question now. I
mean, I... if we did not approve this, is it really necessary? I mean, we're... here we are
approving something today on the fire -fee and I don't understand why we are... What happens,
Mr. Manager, if we don't approve 14? That's the way to ask the question. What happens?
Mr. Garcia -Pedrosa: The question is, what legal work is left to be done, and I don't know that.
But the lawyer is here from Tallahassee.
Vice Chairman Plummer: OK, then fine. I will ask you to defer this and come back this
afternoon and tell us because...
Mr. Garcia -Pedrosa: The lawyer is here from Tallahassee.
Vice Chairman Plummer: What?
Mr. Vilarello: We... we...
Mr. Garcia -Pedrosa: The lawyer is here from Tallahassee.
Vice Chairman Plummer: We can... You come back this afternoon. Excuse me. Mr. Mayor...
Mayor Carollo: Yes. Go ahead.
Vice Chairman Plummer: ... we were trying to establish a policy here that...
Mayor Carollo: Yeah.
Vice Chairman Plummer: ... items that were not understood on the Consent Agenda would be
put over to the next meeting. And I don't want to drag this out because if we are going to
establish a policy, we ought to stick to it. But...
Mayor Carollo: Well, I... I understand, Commissioner...
Vice Chairman Plummer: I, I will...
Mayor Carollo: You are basically correct, but I think, and I think you will agree that this
particular item...
Commissioner Gort: We need it.
7 April 28, 1998
Mayor Carollo: ... we do need to deal with it today.
Vice Chairman Plummer: Well, that's tine, and that's why I have suggested to let them come
back this afternoon, or get to us at lunch time and explain to us what it's for.
Mayor Carollo: By... by what time do... well, do we foresee that, Mr. Manager? Yeah. He's got
to fly, so we got to do that before that. But what time do you foresee that we would be arriving
at the item today, on the...
Vice Chairman Plummer: The fire -fee.
Mayor Carollo: ... fire -fee and the garbage fee?
Commissioner Gort: It's right now.
Vice Chairman Plummer: No, no. It's...
Mr. Garcia -Pedrosa: Yeah.
Commissioner Gort: Item two.
Mr. Garcia -Pedrosa: It's item two?
Mayor Carollo: OK, so there'll be...
Commissioner Gort: It's the first item of business.
Mayor Carollo: Right.
Vice Chairman Plummer: Is the airplane more important than ninety-five thousand dollars
($95,000)?
Mayor Carollo: Well, then I don't think that, Commissioner, you know, we are going to be
dealing with this item...
Commissioner Gort: You can take it at...
Mayor Carollo: ... within the next half hour, if not less.
Vice Chairman Plummer: That's fine.
Mayor Carollo: And what if we do this? What if we take CA-14...
Vice Chairman Plummer: And wrap it in with two.
Mayor Carollo: ... right afterwards, and...
Vice Chairman Plummer: And wrap it in with two?
Commissioner Regalado: Consent Agenda, now?
Mayor Carollo: Yeah.
Vice Chairman Plummer: That's fine.
8 April 28, 1998
Mayor Carollo: Let's do that.
Vice Chairman Plummer: OK.
Mayor Carollo: OK.
[NOTE FOR THE RECORD: COMMISSIONER TEELE ENTERED THE COMMISSION
CHAMBERS AT 10:09 A.M.]
Commissioner Hernandez: I got my question answered on CA-13, so I have no questions.
Mayor Carollo: OK, CA-13. Mr. Manager, on CA-13, if maybe Dena can explain just how hard
we have tried to do some other creative disposal of this property, and you know, why you are
coming back with this here, today.
Ms. Bianchino: OK, we view this as a very viable option for this property.
Mayor Carollo: Yeah.
Ms. Bianchino: We have had discussions with other potential users on the site for other uses and
from what we can gather, we don't feel that we are going to get the required number of bids or
there is enough interests to be generated through that use. This is a tremendous use for the
property. It's a... it's a high need in the community, and we feel that we can get a maximum
dollar amount for this site as well. It's something that can be completed very quickly. This
transaction could be completed within two months.
Mayor Carollo: The appraisals that we had on the property were slightly, both of them, over
eight hundred thousand or so.
Ms. Bianchino: They were just under nine hundred thousand.
Mayor Carollo: Yeah. That was putting into consideration the cost of tearing down the stadium,
I would imagine, or...?
Mr. Bianchino: Yes, whoever buys this property is going to have to tear down the stadium, and
we have demolition estimates that run from... from a minimum of two hundred and eighty
thousand to almost four hundred thousand dollars ($400,000). So that would be an additional
cost to the developer.
Mayor Carollo: OK, so is that the reason why the appraisal on the property came lower, because
they took into consideration...
Ms. Bianchino: You...
Mayor Carollo: the cost of tearing down, then?
Vice Chairman Plummer: What about salvage rights.
Ms. Bianchino: You are correct.
Mayor Carollo: OK.
Vice Chairman Plummer: What about salvage rights?
9 April 28, 1998
Ms. Bianchino: I am sorry?
Vice Chairman Plummer: Salvage rights. The steel.
Ms. Bianchino: I don't know what's left there that's salvageable.
Vice Chairman Plummer: Well, he's paying it, so I don't guess we have to worry about it.
Mayor Carollo: OK. All right. Commissioner Teele, on the Consent Agenda, we have pulled
out item CA-2...
Vice Chairman Plummer: And 11.
Mayor Carollo: ... CA-11, and as I think you have heard now, 14 is going to be left until right
after we deal with item two. Is there anything else you would like to have pulled out?
Commissioner Teele: No, on item number, CA-13. I am under... I would like the Manager to
explain why this is an invitation to bid as opposed to a Request for Proposal (RFP)?
Ms. Bianchino: You want...?
Mr. Garcia -Pedrosa: Go ahead.
Ms. Bianchino: Because it is exactly what it says. It is not a Request for Proposals, it is a bid.
It's a bid for affordable housing, and the only item that will be taken into consideration is the
price. The zoning controls the density on the property. This is not an RFP, this is a... This is a
bid, a sealed bid.
Commissioner Teele: Mr. Manager, again, I understand that. The question that I wanted to...
and I'll defer, of course, to Commissioner Gort. But is this...? Is this the highest and best use of
the property? I know...
Vice Chairman Plummer: It's already been declared surplus.
Commissioner Teele: .. that at one point, we had asked that there be a study done to determine
the feasibility of a series of activities, and I just would like to hear from either yourself or
Commissioner Gort, that this is the... I mean, that this is not a decision that government is
making sort of in the blind here that we are going to build housing. I mean, I don't know if... if
Jackson Hospital for example, would like an annex. I mean, I just would like to be comfortable
that this is the highest and best use, and the most compatible use based upon the neighborhood.
And can you just give us a little bit of background as to how we got here?
Mr. Garcia -Pedrosa: Last year the Commission declared this property surplus property. At that
time, there was no designation concerning its use. Where we are now, is as a result of the
actions taken by the Commission previously. We are seeking to issue an invitation for bid which
does, which does, specify a use.
Commissioner Teele: Right.
Mr. Garcia -Pedrosa: So, were you to approve this resolution, you would be designating that as
the use for that property. At the same time, Commissioner, that this process is going forward,
you instructed us and this was discussed openly in two different channels being followed
simultaneously. You instructed us to utilize an EDA (Economic Development Administration)
10 April 28, 1998
grant for a study, precisely for the purpose of determining what the best use of that property
would be. I think the idea was that if a sufficiently high bid came in for the property for this
particular use, then the Commission, as a matter of policy, wanted to proceed to build affordable
housing, or have affordable housing built on that site. Absent that, you wanted to have the
benefit of whatever this study would give you in terms of what to do with the property.
Commissioner Teele: I guess that's precisely my question, Mr. Manager. And again, I am
prepared to yield to Commissioner Gort on this matter. But it was my understanding, because...
It was my understanding some three months ago when we brought this... when Commissioner
Gort brought this matter up. There was a discussion about the EDA grant. My concern then, and
my concern now, is that government not decide what is best, but we let the neighborhood and the
marketplace decide what is best for this community, the marketplace and the neighborhood. And
I was just trying to get some comfort that the EDA grant yield this as the best result.
Mr. Garcia -Pedrosa: No, sir. The EDA... the EDA grant study has not been done. That's the
second track that is parallel to this. If you want to leave this open, you need to do one of two
things. Either...
Commissioner Teele:
Mr. Manager, I just need to understand. We have an EDA grant for this.
Mr. Garcia -Pedrosa:
For a study.
Commissioner Teele:
We are going to study the EDA grant, the best potential uses of this site.
Mr. Garcia -Pedrosa:
Yes, sir.
Commissioner Teele:
But we have this invitation to bid...
Mr. Garcia -Pedrosa:
Yes, sir.
Commissioner Teele:
...going forward.
Vice Chairman Plummer: Right.
Commissioner Teele: Now, and again, I am prepared to yield. This is Commissioner Gort's
district. But I think it's... I think it's very important that we don't view an invitation to bid as a
mere invitation to bid. We should be as serious about an invitation... If we are going to put out
the invitation to bid, we should be prepared to award it. Companies will go out and spend fifty,
one hundred, two hundred thousand dollars ($200,000) preparing a bid, and if we... I think we do
our own credibility to some extent, you know, some concern if we are signalling here, once we
get the bids we'll determine if we are going to award it. If I vote for this, I am not going to be
wanting to consider the EDA grant activities, and I would recommend that we look at truncating
that if... if we go forward with this. But, but I certainly don't agree that we should go forward on
a parallel track and put the public at an expense in responding to this. And I really would like to
hear from Commissioner Gort, he represents the district and he has spent a lot of time on the
issue, and I am prepared to follow his direction to a great extent on this, except for the fact that if
we do an invitation to bid, I think we should be prepared to award the bid as opposed to just
saying we are going to do an invitation to bid and see what happens. Because these companies
are going to spend, hopefully, they'll spend a lot of money.
Mayor Carollo: OK. Commissioner Teele is absolutely on target on this issue, but I think that
right after Commissioner Gort responds, maybe we ought to get Dena to give us a little history
on that. Because in essence, we have tried to get the best and highest use out of it. It just hasn't
been anyone out in the market that has come forward in wanting to do any of the other initiatives
that we thought could be done in that property. Commissioner Gort.
11 April 28, 1998
Commissioner Gort: Commissioner Teele, we have worked in that area quite a bit. That's one
area that we had several industries come by, but unfortunately because of the neighborhood and
the appearance of it, they were not interested in purchasing. We have always thought that
housing would be one of the best use because this will bring population back up into that area
which it lacks, and that would help the small businesses within that area and bring a good use for
it. I agree with you. One of the things that maybe we can do is, put it up for bid without
specifying that it be for housing and see if anybody will come buy it, and then you can explain
further on that if you want to.
Ms. Bianchino: Well...
Commissioner Gort: But we have tried in the past and we even talked to the produce market, see
if they want to expand there. And I tell you, the only interest that we have had is from non-profit
corporations where they wanted City money to go into there and to rehab the stadium...
Ms. Bianchino: Exactly.
Commissioner Gort: ... and you also have that one time, Miami -Dade was interested. But if we
get a governmental agency in there we are not going to get any tax base. So by having housing,
we are going to bring affordable housing, bring people into the neighborhood where we need to
do so. We will support the small businessmen in the area, and at the same time, we will get
some tax revenues. That's the reason... And now, my understanding is, the grant... the people
who awarded the grant made the statement that if there was someone interested, which we never
had the interest before, that we should go ahead and see if we could do it, and they don't want to
spend their money if the need... if there is a use for it.
Vice Chairman Plummer: Just for the record, Mr. Mayor. In conversation with Jackson, we are
in negotiation with them to buying the property on the corner of 12th Avenue and 20th Street,
and they have indicated that the completion of that sale that they are pretty much in order as to
what they will be needing and requiring for quite some time.
Ms. Bianchino: The only thing that I would like to respond to, Commissioner Gort, is that there
is two... This is a very specific bid process for affordable housing which is different than our
normal bid process. So we would have to go on two parallel tracks, if you wanted to bid it out
for something else. But affordable housing follows its own rules, and it would have to be
separate.
Vice Chairman Plummer: Make them... Well, that's part of the Consent, right? Yeah.
Mayor Carollo: Any...?
Vice Chairman Plummer: So, it will get caught up.
Mayor Carollo: Any further statements from the Commission, their questions on this item from
the Commission?
Commissioner Teele: Mr. Mayor, two final questions.
Mayor Carollo: Yes.
Commissioner Teele: Is the affordable housing homeownership or rental?
Commissioner Gort: Rental.
12 April 28, 1998
Ms. Bianchino: Either is allowable.
Commissioner Teele: And does the R...? And does the invitation to bid specify that there will
be no City subsidies?
Ms. Bianchino: Our invitations to bid normally state that. I will make sure it says that. We will
not... We make a affirmative statement that we will not provide financing.
Commissioner Teele: Or subsidy?
Ms. Bianchino: Right.
Vice Chairman Plummer: Let me ask in the other vein. What about ad valorem taxes?
Ms. Bianchino: Yes.
Commissioner Gort: They have to pay it.
Ms. Bianchino: Absolutely.
Vice Chairman Plummer: Thank you.
Mayor Carollo: OK. On any other items that any member of the Commission would like to
have pulled? OK, Vice Chairman Plummer had made the motion for the approval of the Consent
Agenda, I believe...
Commissioner Gort: Second.
Mayor Carollo: ... and Commissioner Gort has seconded it. Now...
Commissioner Hernandez: With the exception of 14, right?
Mayor Carollo: Yeah, with the exception of the ones that we stated, CA-2...
Commissioner Hernandez: Eleven and fourteen.
Commissioner Gort: Fourteen.
Commissioner Teele: Eleven and fourteen.
Mayor Carollo: ... eleven and fourteen that were being pulled out.
Commissioner Hernandez: We are going to discuss it with two. Right.
Mayor Carollo: Now, is there anyone from the public that would like to address this body in any
of the items before us?
Mr. Manuel Gonzalez-Goenaga: Yes, Mayor.
Mayor Carollo: Yes, sir. Go ahead. Two minutes.
Mr. Gonzalez-Goenaga: My name is, Manuel Gonzalez-Goenaga, alias "Boom -Boom." By way
of introduction, I have to welcome the delegation of Hialeah into Miami through the City
13 April 28, 1998
Attorney. And I hope that Mr. Martinez won't take over the City of Miami. Regarding CA-13,
the Bobby Maduro, this has been a very, very long history of hanky-panky proposals here for a
long time. I made a proposal during Steve Clark, they didn't pay any attention because they
wanted to get... to give Sergio Pino the contract of the... of the golf course. And let me tell you,
these things have happened. And I even brought a video, but they didn't pay attention. Anyway,
there are many ways of affordable housing and many complexities and I wonder if I can be sent
that paper to my home address because I have Mr. Solomon from Washington, D.C., interested.
And regarding CA-9, Professional Services Agreement for the Police Department. I have
volunteered for a Professional Service Agreement free of charge with the Police Department.
Why is it needed? Because I understand that we have the best Police Department, allegedly, in
the nation.
Mayor Carollo: Ten seconds left, Mr. Goenaga.
Mr. Gonzalez-Goenaga: And I have more respect for the dogs and bicycles, of the surplus dogs,
CA-1 and CA-2, and for the Police Department for the few...
Mayor Carollo: Your time is up, sir.
Mr. Gonzalez-Goenaga:... the way they have treated me.
Mayor Carollo: Anybody else who would like to address this body on the Consent Agenda?
Vice Chairman Plummer: I move the Consent Agenda.
Mayor Carollo: It's been moved and second already. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes
unanimously.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WA TERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED AS A
REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
14 April 28, 1998
THEREUPON MOTION DULY MADE BY VICE
CHAIRMAN PLUMMER 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.
3.1 ESTABLISH POLICY REGARDING DONATION OF RETIRED POLICE DOGS.
RESOLUTION NO. 98-406
A RESOLUTION ESTABLISHING A CITY COMMISSION POLICY
GOVERNING THE DONATION OF RETIRED POLICE SERVICE
DOGS PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN
PERSONNEL OF THE MIAMI POLICE DEPARTMENT IN
ACCORDANCE WITH THE HEREIN ENUMERATED STANDARDS
AND CRITERIA TO BE FOLLOWED IN REGARD TO SUCH
DONATION; FURTHER, CATEGORIZING ALL SAID POLICE
SERVICE DOGS AS CATEGORY A SURPLUS STOCK PURSUANT
TO SECTION 18.75 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15 April 28, 1998
3.2 APPROVE CERVICAL COLLARS PURCHASE FROM AERO PRODUCTS -- FOR
FIRE -RESCUE -- ALLOCATE $37,000, FROM ACCOUNT CODE
001000.280501.6. 714.
RESOLUTION NO. 98-407
A RESOLUTION APPROVING THE PURCHASE OF CERVICAL
COLLARS FOR THE DEPARTMENT OF FIRE -RESCUE, FROM
AERO PRODUCTS CORP., UNDER EXISTING DADE COUNTY
CONTRACT NO. 5241-1/98-1, ON AN AS NEEDED CONTRACT
BASIS UNTIL MARCH 31, 1999, AT A TOTAL PROPOSED
AMOUNT NOT TO EXCEED $37,000.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.280501.6.714;
AUTHORIZING 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.)
16 April 28, 1998
3.3 ACCEPT BID: ED MORSE FLEET SALES -- FOR UTILITY VEHICLES -- FOR
FIRE -RESCUE USE -- ALLOCATE $68,497.18 FROM CIP PROJECT SOUTH
FLORIDA URBAN SEARCH PROJECT 313826.
RESOLUTION NO. 98-408
A RESOLUTION ACCEPTING THE BID OF ED MORSE FLEET
SALES FOR THE PROCUREMENT OF TWO (2) 1999 GMC 2500,4 X
4 SUBURBAN UTILITY VEHICLES IN A TOTAL AMOUNT OF
$68,497.18, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FOR USE BY THE URBAN SEARCH AND
RESCUE TEAM OF THE DEPARTMENT OF FIRE -RESCUE;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM, "SOUTH FLORIDA URBAN SEARCH",
PROJECT NO. 313826, STATE OF FLORIDA GRANT;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID VEHICLES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.4 APPROVE REBUILDING SOLID WASTE TRASH CRANES -- ALLOCATE
$400,000. FROM CIP PROJECT 311702, HEAVY EQUIPMENT PLUS WASH
REPLACEMENT.
RESOLUTION NO. 98-409
A RESOLUTION APPROVING THE REFURBISHING AND
REBUILDING OF THE SOLID WASTE DEPARTMENT'S TRASH
CRANES FROM B & B WELDING SERVICES, GENERAL WELDING
SERVICES, HYDRAULIC SALES & SERVICES, AND J.C.
INDUSTRIAL MANUFACTURING CORP., UNDER MIAMI-DADE
COUNTY HEAVY EQUIPMENT WELDING FABRICATION
CONTRACT NO. 0339-0/00-2, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, ON AN AS -NEEDED
CONTRACT BASIS THROUGH JANUARY 31, 1999, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT OF
$300,000; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 311702, "HEAVY EQUIPMENT
PLUS WASH REPLACEMENT"; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDER FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
17 April 28, 1998
3.5 ACCEPT BID: SECURITY EQUIPMENT CORP -- FOR AEROSOL DELIVERY
SYSTEM FOR POLICE -- ALLOCATE $6,925.00 FROM ACCOUNT CODE
001000.290201.6. 722.
RESOLUTION NO. 98-410
A RESOLUTION ACCEPTING THE BID OF SECURITY EQUIPMENT
CORP., FOR THE ACQUISITION OF AN OLEORESIN CAPSICUM
(OC) AEROSOL DELIVERY SYSTEM FOR THE DEPARTMENT OF
POLICE, AT A TOTAL PROPOSED ANNUAL COST OF $6,925.00,
ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION
TO EXTEND FOR TWO ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 001000.290201.6.722; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.6 RESCIND BID AWARD TO BENDEL CORPORATION -- FOR MARINA
CLEANING SERVICES AT MIAMARINA -- FURTHER AWARD BID TO MR.
CLEAN RELIABLE SERVICES, INC. -- ALLOCATE $9,564.00 FROM ACCOUNT
CODE 412000.350505.6.340.
RESOLUTION NO. 98-411
A RESOLUTION RESCINDING THE BID AWARD TO BENDEL
CORPORATION IN THE AMOUNT OF $5,640.00, FOR THE
FURNISHING OF MARINA CLEANING SERVICES AT
MIAMARINA BAYSIDE FOR FAILING TO PROVIDE THE
REQUIRED SERVICES TO THE DEPARTMENT OF PUBLIC
FACILITIES, AND AWARDING THE BID OF MR. CLEAN
RELIABLE SERVICES, INC., THE THIRD LOWEST RESPONSIVE
AND RESPONSIBLE BIDDER, FOR THE FURNISHING OF MARINA
CLEANING SERVICES AT MIAMARINA BAYSIDE UNTIL
OCTOBER 26, 1998, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE YEAR PERIODS, AT AN ANNUAL AMOUNT
NOT TO EXCEED $9,564.00; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 412000.350505.6.340; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
18 April 28, 1998
3.7 EXTEND LEASE WITH MIAMI-DADE COUNTY -- FOR SPACE AT STEPHEN P.
CLARK CENTER AT 111 NW 1ST STREET -- FOR TELECOMMUNICATIONS
EQUIPMENT FOR POLICE AND FIRE -- ALLOCATE FUNDS FROM ACCOUNT
506000.420601.6. 620.
RESOLUTION NO. 98-412
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE EXISTING LEASE WITH MIAMI-DADE COUNTY,
DATED SEPTEMBER 3, 1985, FOR AN ADDITIONAL ONE YEAR
PERIOD TO EXPIRE APRIL 30, 1999, FOR THE LEASE OF
APPROXIMATELY 400 S.F. OF SPACE AND ROOF TOP SPACE AT
THE STEPHEN P. CLARK CENTER LOCATED AT 111 NW 1ST
STREET, MIAMI, FLORIDA, FOR OPERATION OF CITY
TELECOMMUNICATIONS EQUIPMENT UTILIZED IN
CONNECTION WITH THE POLICE AND FIRE RADIO SYSTEM;
SAID LEASE RENEWAL SHALL BE SUBJECT TO THE SAME
TERMS AND CONDITIONS EXCEPT RENT WHICH SHALL BE
INCREASED FROM $10,890.00 TO $11,434.56 PER YEAR TO
COVER INCREASES IN BUILDING OPERATING COSTS;
ALLOCATING FUNDS THEREFOR FROM GENERAL SERVICES
ADMINISTRATION DEPARTMENT, ACCOUNT NO.
506000.420601.6.620; FURTHER AUTHORIZING THE CITY
MANAGER TO EXTEND THIS LEASE FOR ADDITIONAL ONE
YEAR PERIODS, SUBJECT TO THE SAME TERMS AND
CONDITIONS, EXCEPT RENT, WHICH MAY BE INCREASED TO
COVER INCREASES IN BUILDING OPERATING COSTS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.8 EXECUTE PROFESSIONAL SERVICE AGREEMENT WITH GALLAGHER-
WESTFALL GROUP, INC. -- FOR POLICE TRAINING -- ALLOCATE $44,235.00
FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 98-413
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
GALLAGHER-WESTFALL GROUP, INC., FOR A PERIOD OF
THREE (3) WEEKS, TO PROVIDE SUPERVISORY, AND
MANAGERIAL TRAINING, FOR THE CITY OF MIAMI POLICE
DEPARTMENT AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $44,235.00, FROM THE LAW
ENFORCEMENT TRAINING TRUST FUND, ACCOUNT CODE
136002.290506.6. 410.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
19 April 28, 1998
3.9 ISSUE REQUEST FOR PROPOSALS (RFP) -- FOR RELAY NETWORK FOR CITY'S
COMMUNICATIONS INFRASTRUCTURE.
RESOLUTION NO. 98-414
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO SOLICIT
PROPOSALS FOR A FRAME RELAY NETWORK FOR THE CITY OF
MIAMI'S COMMUNICATIONS INFRASTRUCTURE; FURTHER
DIRECTING THE CITY MANAGER TO PRESENT THE MOST
RESPONSIVE PROPOSAL TO THE CITY COMMISSION FOR ITS
REVIEW AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.10 APPROVE SWIMMING POOL REPAIRS FROM L.A.W. CONSTRUCTION, INC., --
FOR GENERAL SERVICES ADMINISTRATION -- ALLOCATE $29,000.00 FROM
ACCOUNT CODE 504000.420119.6.670.
RESOLUTION NO. 98-415
A RESOLUTION APPROVING THE PROCUREMENT OF
SWIMMING POOL REPAIRS FROM L.A.W. CONSTRUCTION, INC.,
ON AN AS -NEEDED CONTRACT BASIS, UNDER MIAMI-DADE
CONTRACT NO. 3037-0/97 "CONCRETE RESTORATION", FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT
A TOTAL COST NOT TO EXCEED $29,000; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION'S FY '98 BUDGET, ACCOUNT CODE NO.
504000.420119.6.670; FURTHER AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR SAID REPAIRS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
20 April 28, 1998
3.11 APPROVE ISSUANCE OF INVITATION TO BID ($900,000. MINIMUM BID) --
FOR DISPOSITION OF 12.6 ACRES AT 2301 NW LOTH AVENUE (BOBBY
MADURO BASEBALL STADIUM) -- UNDER AFFORDABLE HOUSING
EXCEPTION, SECTION 29-B OF CHARTER.
RESOLUTION NO. 98-416
A RESOLUTION WITH ATTACHMENTS, WAIVING CERTAIN
COMPETITIVE BIDDING REQUIREMENTS PERTAINING TO THE
DISPOSITION OF CITY OWNED PROPERTY UNDER THE
AFFORDABLE HOUSING EXCEPTION PROVIDED IN SECTION 29-
B OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED,
AND AUTHORIZING THE CITY MANAGER TO ISSUE AN
INVITATION TO BID, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR SALE OF APPROXIMATELY 12.6 ACRES OF SURPLUS
CITY -OWNED REAL PROPERTY WITH IMPROVEMENTS
LOCATED AT 2301 NORTHWEST 10 AVENUE, MIAMI, FLORIDA,
COMMONLY KNOWN AS THE BOBBY MADURO MIAMI
BASEBALL STADIUM, FOR THE PURPOSE OF DEVELOPING
AFFORDABLE HOUSING, WITH A MINIMUM BID PRICE OF
$900,000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PURCHASE AND SALE AGREEMENT AND TO PRESENT THE
NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR
FINAL APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
21 April 28, 1998
------------------------------------------------------- --------------------------------------------------------
4. COMMENTS FROM CITY MANAGER REGARDING WITHDRAWAL OF
AGENDA ITEM 20 (APPROVE PLAN BY FPL ENERGY SERVICES, INC.
FOR WATER DISTRIBUTION SYSTEM) -- SEE LABEL 7.
----------------------------------------------------------------------------------------------------------------
Mr. Garcia -Pedrosa (City Manager): Mr. Mayor, if I may, as a matter of information?
Mayor Carollo: Yes. Certainly.
Mr. Garcia -Pedrosa: In case somebody from the public is interested in item 20, the applicant has
asked that it be deferred.
Mayor Carollo: OK.
Mr. Garcia -Pedrosa: FPL Energy Services, Inc.
Mayor Carollo: Item 20.
Vice Chairman Plummer: Item 20 of the regular agenda?
Mr. Garcia -Pedrosa: Of the regular agenda.
Mayor Carollo: Item 20 of the regular agenda has been...
Mr. Garcia -Pedrosa: And bring it back at a future date.
Mayor Carollo: ... deferred.
NOTE FOR THE RECORD: Tabled to later in session
consideration of agenda item A-14 (Continue consulting services
for Fire Assessment Fee) -- See label 10.
22 April 28, 1998
------------------------- --------------------------------------------------------------------------------
5. TABLE TO AFTERNOON SESSION AGENDA ITEM 4 (PERSONAL
APPEARANCE: ELLIOT KAPLAN) -- SEE LABEL 13.
----------------------------------------------------------------------------------------------------------------
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Yes.
Chairman Regalado On item...
Commissioner Hernandez: Ten.
Commissioner Regalado: Four, the personal appearance. I was asked this morning by a group
of neighbors to ask you and the Vice Chairman to see if we can bring this item in the afternoon.
They are all going to be here because of the Ritz Carlton and other issues regarding the area and
they wanted to participate in the debate. It's about a New Year's eve party in Peacock Park, so...
I was asked to ask you...
Vice Chairman Plummer: Yes.
Commissioner Regalado: ... and the Vice Chairman to bring it in the afternoon.
Mayor Carollo: The only question that I would have is, I don't know how many people might be
here now that wanted to address this body on this item. Is there anyone else here other than the
people from the production company that is here in order to address this item, that are...? Are
you with the production company or...? OK. Is there anyone else other than the production
company representatives? OK, there is none so, Commissioner?
Vice Chairman Plummer: Move to defer until after two o'clock.
Mayor Carollo: OK, all right. So, it's going to be deferred for the afternoon agenda.
----------------------------------------------------------------------------------------------------------------
6. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 23 (REMOVAL
OF M/V OCEAN FREEZE FROM FLORIDA EAST COAST PROPERTY
(FEC) SLIP).
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Mr. Mayor, I ask that item 23 be deferred.
Mayor Carollo: OK.
Vice Chairman Plummer: Entirely? Deferred entirely?
23 April 28, 1998
Commissioner Hernandez: Yes.
Mayor Carollo: OK, item 23 has been deterred.
Vice Chairman Plummer: Eh...
Mayor Carollo: Commissioner.
Vice Chairman Plummer: Mr. Mayor, to my colleague, I really have no problem with the
deferral except to this point and I caution. It has been notified us, as Bayfront Park and us the
City, that this boat is possibly posing a major problem with the start of hurricane season and
have demanded that the boat be removed. I have no problems with the deferral today, for the
information I have, as Chairman of Bayfront Park, instructed the City Attorney to file a lawsuit
against the owners of the boat. They owe the Park thirty thousand dollars ($30,000) and they
owe the City ninety thousand dollars ($90,000). I have already instigated the lawsuit through the
City Attorney's Office. As far as anything else is concerned you can surely wait until the next
meeting, but I just wanted to put on the record, so that I can't be accused of not trying to comply
with the Coast Guard's request, that they have made this demand upon us and, so, I can tell them
that we will address at the next meeting. But the lawsuit is going to be filed. So, that's 20 and
23, eh?
Commissioner Regalado: Hurricane season starts on June the 1st.
Mayor Carollo: If I may, before we take a roll call on 23 to defer it? Mr. City Attorney, are
there any legal reasons why we should not defer this item today?
Mr. Alex Vilarello (City Attorney): Item 23?
Mayor Carollo: Yes, on item 23.
Mr. Vilarello: The Bayfront Park Trust has already directed me to institute a lawsuit. I am
exploring some options which gets the City and the Bayfront Park the funds, the dollars that it's
owed and also takes into consideration the removal of the vessel. If it's deferred to May 12th,
that's fine, and I can report back to the Commission at that time.
Mayor Carollo: All right.
Vice Chairman Plummer: No problem.
Mayor Carollo: OK. There is a motion to defer. Moved by Commissioner Hernandez, seconded
by Vice Chairman Plummer. All in favor signify by signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
24 April 28, 1998
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 98-417
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 23 (PROPOSED
DISCUSSION CONCERNING THE REMOVAL OF MN OCEAN FREEZE FROM
THE FEE SLIP).
Upon being seconded by Vice Chairman Plummer, 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.
----------------------------------------------------------------------------------------------------------------
7. DEFER CONSIDERATION OF AGENDA ITEM 20 (APPROVE PLAN BY
FLORIDA POWER AND LIGHT (FPL) ENERGY SERVICES, INC. -- FOR
WATER DISTRIBUTION SYSTEM) -- SEE LABEL 4.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Any other item?
Mr. Walter J. Foeman (City Clerk): Yes, Mr. Mayor, if we could also get a roll call for agenda
item 20, the deferral.
Vice Chairman Plummer: So moved.
Commissioner Gort: Second.
Mayor Carollo: Moved by Plummer, seconded by Commissioner Gort. All in favor signify by
saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Plummer, who moved its adoption:
MOTION NO. 98-418
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 20 (PROPOSED
APPROVAL OF PLAN BY FLORIDA POWER & LIGHT (FPL) ENERGY
SERVICES, INC., TO CONSTRUCT A CHILLED WATER DISTRIBUTION
SYSTEM DOWNTOWN).
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
25 April 28, 1998
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.
----------------------------------------------------------------------------------------------------------------
8. COMMENTS / DIRECT CITY MANAGER TO PREPARE REPORT
REGARDING COMMUNITY DEVELOPMENT ALLOCATIONS TO WEST
COCONUT GROVE AREA, WEST OF 32ND AVENUE -- FURTHER
INSTRUCTING MANAGER TO JUSTIFY SAID ALLOCATIONS DURING
COMMISSION MEETING OF MAY 12, 1998.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Gort: Before we continue, I think there is a lot of individuals here, a lot of
citizens that believe there might be some motion on CDBG (Community Development Block
Grant) funds or something like that.
Vice Chairman Plummer: There is? What is it here?
Mayor Carollo: Is there anyone here...?
Commissioner Gort: And I don't think there is any item dealing with CDBG today.
Vice Chairman Plummer: What item? There is no item here on CDBG.
Mayor Carollo: OK. No, I don't think there is anyone here for any CDBG items.
Vice Chairman Plummer: There is no item.
Mr. Jose Garcia -Pedrosa (City Manager): It's on May 12th...
Mayor Carollo: Yeah.
Mr. Garcia -Pedrosa: ... the allocation of CD funded programs.
Mayor Carollo: Yeah.
Vice Chairman Plummer: So they can go home?
Mayor Carollo: OK.
Vice Chairman Plummer: Would you prepare through civil... Community Development for me
what is the amount of money that is being allocated through that source to West Grove, that
26 April 28, 1998
would be west of 32nd Avenue. How much they requested and how much they are receiving,
and be prepared on May the 12th to justify whatever your results are because they are coming
down here to let you know they are not happy. And they also asked me to thank Commissioner
Teele for helping to get the money for Virrick Park. And I said that he was helping me to get the
money for my district, and they said to say, thank you.
Mayor Carollo: OK.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
9. (A) ESTABLISH RATE OF ASSESSMENT FOR FIRE RESCUE
SERVICES -- IMPOSE FIRE RESCUE ASSESSMENTS AGAINST
ASSESSED PROPERTY WITHIN CITY LIMITS -- APPROVE
ASSESSMENT ROLL -- DIRECT CITY ATTORNEY TO ENGAGE
OUTSIDE COUNSEL TO PURSUE PUBLIC HOUSING PAYMENT OF
FIRE ASSESSMENT AND TO EXPLORE LEGALITY OF
PUBLISHING NAMES AND FACES OF CONVICTED DRUG
DEALERS AND PROSTITUTES ON CABLE NET 9 (TELEVISION).
(B) DISCUSSION REGARDING RECYCLING WORKSHOPS AND TO
DEVISE EFFORTS TO REGULATE RECYCLING COMPANIES --
FURTHER COMMENTS REGARDING NEED TO ENSURE THERE IS
NO DIVERSION OF FUNDS UNDER RECYCLING -- FURTHER
DIRECT CITY ATTORNEY TO TRY TO PROTECT POOR TENANTS
FROM ABUSIVE RENT HIKES.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we are now on item two.
Vice Chairman Plummer: Mr. Mayor, if I may, to start off on item two. I wish to include two
items to the language. And the first one is, that we are very much aware that this item is to be
sunseted in five years. That is, absolutely there at the present time. I would want even though
we know that it has to be readopted every year, according to the Legal Department, I want to
make sure that two things prevail. Number one, that in the five years the fee cannot go up at all.
Second, of all, that which we promised to the public is that all the money that is derived from
this fee will definitely go for Capital Improvements of equipment and fire stations. That's
number one. Number two, Mr. Mayor, I think that it is only proper that we should sent, since we
are not going to tax those that are tax exempt today. I think we ought to send a letter to these
people asking them since they will be serviced by this equipment, that it is only fair that they
make a voluntary contribution for the purposes, OK? You laugh if you want. Mercy Hospital
has already indicated that they would like to do such and they feel an obligation as a community
scenario that they should, so I have no problem of asking the administration that any and all
people who are tax exempt should, in fact, be sent a letter to ask them to voluntary contribute to
this fund. I would want, Mr. Mayor, for my vote on the fire fee that those two items would be
included.
Mayor Carollo: OK, having heard Vice Chairman Plummer's request, is there any other
statements from any members of the Commission on those statements, or any other matter
relating to this fee?
Vice Chairman Plummer: Well, Mr. Mayor, let me, if I may, just ask the Fire Chief. Because I
think it's very, very important that the people of this community know where those dollars are
27 April 28, 1998
going. We will be raising approximately tour million dollars ($4,000,000) a year and over the
five-year period will be raising a total of twenty million dollars ($20,000,000) which will in
effect, completely make a new equipment for the City of Miami. That money will not be used
for any other purposes than equipment and modifying and upgrading the fire stations. I think it's
important to note that this Commission, feeling that it was going to pass in the last Commission
meeting, took the initiative to instigate the ordering of ten new fire rescue trucks. We also
ordered a new Quint which is a very, very much needed so we can send the one back to Miami
Beach that's on loan to us. Chief, I don't know that you want to put up any kind of a chart or
anything that is necessary. But I think the people should know that the twenty million dollars
($20,000,000) that will be raised from this fee will be used for Capital Improvements. It will not
go into the General Fund. It will not be for the purposes of operating the Fire Department. So
any comments you wish to make beyond that, Mr. Mayor, through the Chair I would allow him
to do such...
Mayor Carollo: Very good.
Vice Chairman Plummer: ... to make sure that it's understood fully by the public of what we are
doing.
Mayor Carollo: Chief, go ahead.
Commissioner Gort: Well, I think it's important he goes over the documents he sent us.
Vice Chairman Plummer: Ah, yeah. Well, I don't know that we really... He sent us all a bunch
of documents. Now, you want... Mr. Gort, do you want him to go through all of the documents,
or just the highlight?
Commissioner Gort: The five-year plan...
Vice Chairman Plummer: Chief, if you would as to what this fee would accomplish for our...
I... You know, not many people realize, what are we running now, almost 70,000 calls a year?
Fire Chief Carlos Gimenez: More than 70,000 calls.
Vice Chairman Plummer: More than 70,000 calls a year with 23 rescues.
Fire Chief Gimenez: We have twenty-one frontline rescues. We have eleven pumpers and six
Quints.
Vice Chairman Plummer: Yeah, so... As Commissioner Gort, maybe the others would like to
know that... If you could give a brief scenario of what will be accomplished by this fee in the
five-year plan?
Fire Chief Gimenez: Certainly, sir. We have calculated that the fire fee will bring to the Fire
Department a total of approximately twenty-one million dollars ($21,000,000) over a five-year
period. The revenue projection is something like four point two million dollars ($4,200,000)
over a five-year period. We have allocated the monies, the twenty-one million dollars
($21,000,000) in this fashion. There is eight million six hundred and ninety-five thousand
dollars ($8,695,000) going directly to fire apparatus replacement. And in that fire apparatus
replacement, we anticipate purchasing ten bumpers; refurbishing six bumpers; purchasing one
Quint; refurbishing two Quints; purchasing sixteen new rescues and refurbishing ten rescues; and
purchasing of an air truck. What that will do at the end of the five-year period is that all of our
frontline vehicles, all our frontline fire fighting and rescue vehicles will be less than ten years
old, and all of our spare apparatus will be less than fifteen. At the current time, we have fire
28 April 28, 1998
trucks in service frontline that are over fifteen years old which is something we do not want to
see. We would like to see frontline apparatus in place for ten years and then rolled into the spare
fleet. Because obviously, they are taking a heck of a pounding with all the calls we're getting.
We are allocating five point four million dollars ($5,400,000) for fire station maintenance and
renovations. We need a new Station 11, that was built in 1949. It services the Flagami area.
That station is about fifty years old and needs to be replaced. We need to refurbish the
downtown station, Station 1 which was built in 1960. We want to refurbish Station 10, that's in
the Grapeland area on 41 Avenue and 7th Street, Northwest. That was built in 1964. We need to
refurbish Station 5, which was built in 1976 and services the Allapattah neighborhood. And with
that money we also want to renovate all the fire stations, including the interior furnishings which
some of the furniture there has probably been around as long as I have been, it's about 23 years.
We want to allocate two million six hundred and forty-eight thousand dollars ($2,648,000) for
fire and EMS equipment. A large... a portion of that will go to an infrared imagining system.
It's a new technology used by fire fighters that will allow us to locate the victims of fire quicker
because our fire fighters will be able to see through smoke. It's also a safety item for fire
fighters and they will be able to see their way in a fire building. We will be able to located a fire
quicker, get the victims out quicker and also do it in a safe manner. We want to purchase a fire
fighter accountability system which, for us, it's another safety feature that fire fighters when they
get inside of buildings may get lost. We want to make sure that we account for all the fire
fighters that are in hazardous environments and we do roll calls and there are some technologies
available that will allow us to locate fire fighters that may be in trouble much quicker. We need
new self-contained breathing apparatus. Our air tanks are about fifteen years old and they are
coming to the end of their service life and we need to purchase a new set of breathing tanks.
That's about a half a million dollar item ($500,000). We want to purchase a new air... rescue air
bag which is...
Vice Chairman Plummer: Stop while you are ahead.
Fire Chief Gimenez: Sure. OK.
Vice Chairman Plummer: Questions? I think as most people are aware, Mr. Mayor, I was
opposed to the original fire fee. I thought that it was unfair. I have to say as I have gone around
to the different fire stations and seen some of the equipment that this is a fair and equitable... It
will cost approximately two dollars ($2) a month per unit, and I think it's very much in line. So,
after the public has been heard, Mr. Mayor, I'll be ready to make a motion, unless one of my
colleagues want to.
Commissioner Regalado: I. Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Regalado: I have a question for the City Attorney, and I think that, for the
Manager too, although... I don't know what there is that we can do legally to stop the practice of
some landlords that last week notified several tenants that because the City imposed a fire fee,
their rent, the monthly rent was going to be raised thirty dollars ($30). Now, we did not use this
ordinance from the State of Florida after Andrew, we could have. But there is a law in the State
of Florida that allows areas to declare an emergency in housing, and impose some kind of freeze
on the rent control. There is a... There are many... There are many landlords who are very
community oriented. Here, I saw this morning, and I see now, several. But there is... I hope
that there is something that we can do other than publicize the fact of what Vice Chairman
Plummer has said. Two dollars ($2) a month. What we are seeing here, it's a domino effect on
the friends of many poor people that cannot afford twenty... That was precisely what we tried to
avoid when we rejected the fire fee. And now we see that some landlords are going that way no
matter... I mean, if it were... If we had approved fifty cents ($0.50) some would have raised the
29 April 28, 1998
rent. So, Mr. City Attorney, is there anything that we can do other than go out and knock on
everybody's door, go to the media and say that these people are wrong in saying that the City
raised their taxes thirty dollars ($30) a month.
Ms. Eva Nagymihaly: Can I just interject that it is not two...?
Vice Chairman Plummer: Excuse me. Ma'am, you are out of order.
Ms. Nagymihaly: I know, but it is not two dollars ($2) a month.
Vice Chairman Plummer: Excuse me, ma'am, you are out of order.
Ms. Nagymihaly: But you all are making a mistake.
Vice Chairman Plummer: At such time as we open it to the public, you will be given the
opportunity...
Ms. Nagymihaly: But, don't you...?
Vice Chairman Plummer: ... to speak. At this time, ma'am, you are out of order.
Ms. Nagymihaly: But it's not two dollars ($2) a month. But if you are up there saying two
dollars ($2) a month, you should at least...
Vice Chairman Plummer: You will be given the opportunity to speak at the proper time. We
will hear from you at that time.
Ms. Nagymihaly: Well, why don't you say what it really is?
Vice Chairman Plummer: Captain, would you please take the microphone? Thank you. Would
you have a seat please, ma'am?
Ms. Nagymihaly: [inaudible -- off microphone]
Vice Chairman Plummer: Mr. City Attorney, the question is to you.
Mr. Alejandro Vilarello (City Attorney): Commissioner, other than to provide the public notice
of the fee and the amount, this City doesn't have anything to do with the individual contractual
rights between the landlords and the tenants, other than to provide notice to the public of the
amount of the fee so that any assertion that it's a thirty dollar ($30) a month increase would be
dispelled.
Vice Chairman Plummer: Are there any other questions of the Commission?
Commissioner Regalado: Ah, yes, I have some, I guess direction to the administration, although
we... I am sure that we are going... we were going to do it anyway. But to use Channel 9 to try to
tell the people of Miami exactly what it is that they are paying. One problem though, if we get
too technical, nobody would care to see it or understand it. I would recommend to you that it
will have some kind of a headline or phrase that says, "fire fee, you will be paying this.
Residents and apartment building, condominiums, that's it. Two dollars ($2); two dollars fifteen
cents ($2.15); three dollars and forty cents ($3.40); four dollars and fifty-nine cents ($4.59) a
month. And so, I guess that... so the people would understand that their apartment owners would
only have to pay that.
30 April 28, 1998
Ms. Jose Garcia -Pedrosa (City Manager): We'll put out a simple statement to that effect, sir.
Commissioner Regalado: It has to be very simple, though.
Vice Chairman Plummer: Any other Commissioners have questions? I am sorry, Mister... Is
there any other questions by Commissioners?
Mayor Carollo: Commissioner Teele?
Vice Chairman Plummer: Then, it's time to time to open up the public.
Mayor Carollo: Commissioner Hernandez? Commissioner Gort? OK, now we'll open it up to
the public. State your name and address please.
Ms. Sheila Anderson: I don't know if Mr. Joseph, he's been standing at the other side wants to
speak first.
Mayor Carollo: Yes. Would you like to be first? That's very gracious. Go ahead.
Mr. Fred Joseph: Good morning, Fred Joseph, 1717 North Bayshore Drive, The Grand
Condominium. I noticed that the Fire Department had quoted a number of 70,000 calls. I would
like very much for the public to know that if any percentage of those are the exempt, and if the
law claims none... or the exempt or tax free, if this is not a tax, then why should they be exempt?
This is a fee. If they are not a user, then don't charge them. But, if they are user, charge them.
That was the basis of our argument before and this Commission said that if the exempts were put
back on, they would pay the fee, they are the users, the County, the School, the Churches. The...
all the foundations that we have. We are... The City is the exempt dumping ground for the
whole County. We pay everybody. The Police, the Fire, the pickup, the trash. Why are we not
saying to the exempt, this is a fee, not a tax, you want to call it that. Let's go after them and
make them pay their fair share. [APPLAUSE] The volunteers doesn't work. The other item I
wish to address, if I may have another minute? We are in favor, but when your ad valorem taxes
are already where they are, where is the Fire Department's money going for new equipment?
For safety equipment, for all these items? Can we just keep saying to the taxpayers, well, we
used it for something else? If it's in our ad valorem, why shouldn't we not be getting our fair
share of our ad valorem for the Fire, the Police, the trash? Something is not working. And this...
and a fee doesn't always fix what's broken. Thank you.
Mayor Carollo: Thank you, Fred.
Vice Chairman Plummer: Mr. Mayor, I was handed this and I don't know where she got it from.
Mayor Carollo: Uh-huh.
Vice Chairman Plummer: But reading this here, I understand what Regalado is talking about.
It's a reminder of a hearing that is supposed to take place today and it says in here, among other
things... "if any Fire Rescue fee is passed, it's very likely the charges will be significantly
increased in the future years. Can I ask where this came from, without identifying you? Who
distributed it, do you know?
Unidentified Speaker: No.
Vice Chairman Plummer: But I think this is what Commissioner Regalado was talking about.
Mr. Malcolm Wiseheart: Commissioner. Yes, I distributed that.
31 April 28, 1998
Vice Chairman Plummer: OK, thank you, sir.
Mr. Wiseheart: My name is Malcolm Wiseheart. Can I explain the circumstances?
Vice Chairman Plummer: When your turn comes up, you will have the opportunity, sir.
Mr. Wiseheart: Well, you have singled me out, it's only fair I explained it now.
Vice Chairman Plummer: I didn't single... I just asked where it came from.
Mayor Carollo: Well, hold on for a minute. Go ahead, please.
Vice Chairman Plummer: Do you want to see it?
Ms. Anderson: My name is Sheila Anderson. I have offices in the City of Miami at 901
Northeast 2nd Avenue. I would like to respond to the comments that we made here this morning
by Vice Chairman Plummer and Commissioner Regalado. Everybody in the City knows what
you're doing. And what we object to, is that you are imposing an illegal tax. It doesn't matter if
you charge a penny. It is an illegal tax. It is an imposition on the citizens of this community that
violates their constitutional rights. There is no accountability. There is no credibility to what
you are doing. You have been told this from the... from the very first day this became public.
You have ignored your constituents. You are being irresponsible. It is not relevant how much
money is involved or the games that can be played with how the money is going to be spent on
public record which can be changed with administrative directive. What is critical to the people
of this community, is an illegal system of government where everybody's rights are protected by
the Commission. That's the objection. You haven't addressed that point and that is the issue in
which I protect and I am sure everybody else does too. [APPLAUSE]
Mayor Carollo: Thank you, Sheila. If I may ask? If I could see hands of how many people
would like to address the Commission on this item. OK. Maybe, if everyone go could up here
and give your names to the City Clerk, and then just line up as you are called by the Clerk, so
you could go ahead and speak. If everybody could do that, I would appreciate it. Yeah, over
here. Thank you.
Mr. Manuel Gonzalez-Goenaga: Yes, my name again is, Manuel Gonzalez-Goenaga, alias
"Boom -Boom." My position is to save the City in an honorable way. Will you please shut up,
please? You are confusing me.
Mayor Carollo: Thank you, Mr. Goenaga.
Mr. Gonzalez-Goenaga: OK. And since six months have already elapsed from the situations,
previous situations with the previous Mayor, et cetera, et cetera and all the confusion, if I were a
member of the Oversight Board, I will ask for the actual six months period and then the
projections for only six months. Because in Miami everything has been convoluted. And since
six months have elapsed already of the actual budget that has never been approved, I would love
to see actual six months figures with a procrastination, and as you know, I have always said here
that a budget, even a fool can prepare a balanced budget on paper. And that budgeting is the art
of bureaucratic... is the... I forgot my definition which was quite accurate. Twenty-nine,
twenty-eight seconds. The art practiced by bureaucratic magicians. Thank you, very much. I
hope you got my point.
Mr. Wiseheart: Yes, my name is Malcolm Wiseheart, and my address is 2840 Southwest 3rd
Avenue, Miami, Florida. Mister... Vice Chairman Plummer has singled me out saying that I
32 April 28, 1998
have sent out a notice or he said a notice went out... found fault with it. Asked who the author
was, I am the author, Mister... Vice Chairman Plummer. And in that piece of paper, no numbers
were provided. A basic, and I believe fair, political statement was made of opinion, not of fact
and that is granted the history of the City of Miami and other state and local governments that we
generally see taxes once imposed, fees once imposed, however denominated do increase over
time. That's the historical record. That's the record of this City. Now, let's start with the facts.
I don't know where the figure, two dollars ($2) which is not a figure we came up with per month
comes from. That to me sounds like twenty-four dollars ($24) a year. But the Commissioners
have said that it... that this new modified, and presumably more reasonable fee would be
approximately thirty dollars ($30) a year for apartment owners. But what is not being said to
these people is that's for the last half, is it not, Mr. City Manager, of fiscal year beginning
October of 1970... 1997? In other words, for a six month period. So the real figure that these
people will be asked to pay will be sixty dollars ($60) not thirty. Is that correct?
Mr. Garcia -Pedrosa: May I...?
Mayor Carollo: Go ahead, please.
Mr. Garcia -Pedrosa: I don't think so, sir. I think what you are referring to is the fact that the
charge extension for the period October 1, 1997 through September 30, 1998.
Ms. Wiseheart: No, sir. Let me correct that, I am not. In the ordinance, in the resolution passed
and we are now looking at for the second reading, it states in the beginning that this is for
revenue for the second six months of the fiscal year beginning in October, 1997. On an
annualized basis, I could do the math. It's easy. Thirty times two is sixty. But not only that,
Mr. Commissioner, of that matrix of possible choices that the City Manager presented, and I
think he did a good job of doing it, three, not just one, but three items applied to apartment
owners. The garbage franchise fee went up and we have already received the notification that
our garbage bills are going to go up. And incidentally, right now, landlords and their tenants pay
100 percent of their garbage without any subsidy whatsoever. There is nothing wrong with
people paying the full amount of the garbage. If homeowners paid the full amount of garbage
their fee would go up from one sixty-six to approximately three hundred and seventy-five times
eighty... times eighty thousand.
Mayor Carollo: Sir, I am sorry your time is up. I am sorry.
Mr. Wiseheart: That would be sixteen million dollars ($16,000,000). There is money, and you
don't need all this expensive ninety-five thousand dollars ($95,000) and the other costs. Thank
you, Mr. Carollo.
Mayor Carollo: Thank you. Mr. City Clerk.
Mr. Walter J. Foeman (City Clerk): Yes.
Mayor Carollo: Can you call people by order as they appear to you?
Mr. Foeman: Sure, Mr. Mayor. The next speaker is Richard Crisomno.
Mr. Richard Crisomno: Good morning, Mr. Mayor, Commissioners.
Mayor Carollo: Good morning.
Mr. Crisomno: My name is Richard Crisomno, 2534 Southwest 6th Street. I very much applaud
Vice Chairman Plummer's support of the Fire Department and the need for Capital
33 April 28, 1998
Improvement, but I think we are going about it the most circuitous, the most expensive and most
hazardous way. There are means in place to raise that money by raising the garbage tee. We
could raise that money easily without spending ninety-five thousand dollars ($95,000) which is
just a start for a study without going through class action lawsuits which are going to absolutely
be filed in this action. There is a good chance and there and there have been other situations
where similar laws have been declared unconstitutional, if that happens in this case, not only will
the City have spent hundreds of thousands, possibly millions of dollars, but we will be back here
and you'll all have egg on your face, because we'll have the same problem of having to raise the
money in six months, a year, a year and a half. The mechanism is in place. It's simple. It's
cheap. Raise the garbage fee. We know that we are only paying one hundred and sixty-three
dollars ($163) for homeowners, instead you are putting the yoke on the back of the people who
can least afford it, people who don't own their own property, who are struggling, who are... who
live in apartments from three hundred to three hundred and fifty dollars ($350) a piece. And
that's not appropriate, it's not cost effective and I think we are making a big mistake in doing
that. Thank you.
Mayor Carollo: Thank you. If I...?
[APPLAUSE]
Mayor Carollo: If I can for a moment, I would like to ask the City Attorney as a point of
information, can you describe to this Commission if there is any legal difference between
implementing a fire fee or implementing a garbage fee? I have heard the questions here this
morning that the fire fee is constitutional, but at the same time, the impression that I am getting
is, that what you need to do is just raise the garbage fee, because somehow that's constitutional
but a fire fee is not. Is there any real difference between a fire fee and a garbage fee?
Mr. Vilarello: Mr. Mayor, if I may? Mr. Lawson is here and is available. And perhaps he is
best able to respond to that question.
Mayor Carollo: OK. If he could?
Mr. Mark Lawson: In deference to Vice Chairman Plummer, I will be very brief. Both are
assessments. The law in Florida says assessment must benefit property. We have discussed at
nauseam the issue as to whether or not Fire -Rescue or Solid Waste meet those categories. There
are Supreme Court rulings on both that address them as that classification of services and capital
that meet the category of benefiting property. So yes, both are assessful. It is a policy decision
on your part which vehicle you use. Obviously, which group of constituents are reached by each
assessment may vary because different constituents receive services differently, i.e. solid waste
and fire -rescue.
Mayor Carollo: All right. Proceed please.
Mr. Foeman: The next speaker is Eva Nagymihaly.
Ms. Nagymihaly: I do not want to be timed because this is a question and this is the crux of the
matter, and I need to know, is it sixty dollars ($60) or twenty-four dollars ($24)? And I think
before we continue this, somebody should tell us what you are implementing.
Mayor Carollo: Go ahead, Mr. City Manager.
Mr. Garcia -Pedrosa: Yes, sir. The chart is on page five. The single-family charge is twenty-
four dollars ($24).
34 April 28, 1998
Ms. Nagymihaly: It was printed in the newspaper as being twenty-four for single-family, and
thirty for multifamily. However...
Mr. Garcia -Pedrosa: Right.
Ms. Nagymihaly: ... if you look at the chart, it shows that it is for a six-month period. Now, if
you can tell me, and put this down for fact, then I know what I need to say. But don't, don't
cloud the issue. It says it's for a six-month period and then the chart does... does not say it's for
six months, but everything within the reading says it is for six months, and it shows thirty dollars
($30).
Mayor Carollo: Go ahead. Go ahead, please.
Mr. Lawson: Again, as to clarify the confusion that was raised, apparently it prevails. The City
Commission in February decided not to go forward. Subsequent to that, City Commission
directed staff to entertain a different level of assessment. As often times happens, the number
that was palatable to the Commission, as I recall, was twenty-four dollars ($24) for a residential
unit. The approach taken by this program is based upon historical demand. There is a slight
difference between single-family... certain types of single-family residential and certain types of
multifamily, that's why the twenty-four and thirty dollar ($30) number is in the quote, unquote
"chart." With that decision made, because people that owned property, numerous units had made
the point to the Commission at prior hearings that imposing the assessment for the entire fiscal
year '97-'98 which begin October 1, last fall would be unfair reaching back that far. The
decision was made to have the imposition period be only from April 1, through September 30th.
The last half of the fiscal year for twenty-four dollars ($24) to try to, to deal with that, if you
will, argument. The reality that the prior speaker makes I, assuming that the fee will be doubled
for an annual period may seem plausible, I guess, but that's a policy decision this court has to
make. I heard one Commissioner already say that there is an intention to hold any increases.
The assessments must be reviewed on an annual basis. The reality is, once this is imposed for
the fiscal year, that we're in the last half of now, this Commission will be faced very shortly in
its budgetary process for the next fiscal year determining whether and how much of a fire -rescue
assessment they use as a part of their overall budget. That's... I can't tell you what their decision
will be, but I will tell you that their budgetary exercise will be on a full fiscal year. So the reason
it's only for the last half was to avoid legal argument over whether the twenty-four dollars ($24)
was over the entire fiscal year or the last half. The reality is, it's twenty-four dollars ($24) or
thirty for a multifamily. Now, you asked the question, what should you budget for, for this next
fiscal year? That's not an issue that's before this board, necessarily today. I certainly don't have
that answer. That's for this Commission to decide in its budget deliberations for fiscal year '98-
199.
Mayor Carollo: Thank you.
Ms. Nagymihaly: Then my understanding is, as we're hearing that it's two dollars per month,
per increase. This is what it's going to stay, because we don't charge our tenants monthly, it's
yearly. So therefore, my assumption is, it will not be... It will show zero the next fiscal year. Is
this my understanding of what the Commission wants, since it was suggested by Mr. Plummer
that two dollars ($2) a month is what it is, and two dollars a month by Commissioner Regalado
($2), did they agree to that? Because, they say that's the only amount that they going to have to
pay.
Vice Chairman Plummer: Well, let me if I may, understand with you. Oh, I am sorry, go ahead
and finish.
Ms. Nagymihaly: No, this is not my time. This is question "C." The sad thing is, we as the
people, we get to come up here for two minutes, pour our hearts out, say what we want and we
35 April 28, 1998
go sit down and nothing got resolved, because we don't even understand what's going on.
Things change. Do not time me on this. This is asking you, you're asking us to sit here and
make decisions and talk, well you tell us what you are talking about so that we can answer you.
[APPLAUSE]
Mayor Carollo: Ma'am, with, with all due respect, every time that you speak, you will be timed.
If the Commissioner has to answer you, the Clerk will not time.
Commissioner Gort: I want to speak on behalf of this Commissioner. The reason I listen to the
public hearings and I never say how I am going to vote is because I don't know until I hear from
the public what I am going to do. But I am not going to sit here and have you ask questions and
have us discuss items that we'll discuss later on. We'll listen to your input and that's why we've
made a lot of changes in this ordinance. We increased the garbage fee, and that was also passed.
So we would like to listen to your opinions and then we make our decisions. Thank you.
Ms. Nagymihaly: I can listen to that. All right, the main thing that I want to say and I have got
to say it very rapidly at this point is, let's go back where we were. It was the garbage fee, alias
"garbage fee" is what we're talking about. You talk about fire -rescue, you don't think you are
bringing lawsuits, you will. You will bring lawsuits because fire -rescue has to benefit the
people. The people that are being benefited by this are the ones that are not paying. It was
explained to you before. Garbage is being picked up. You can actually see garbage picked up,
raise it to three seventy-five. Get your money. Forget this. If you don't like what's going on...
I... You have got to do the right thing. Raise the garbage fee. Get rid of this fire -rescue fee and
start from the beginning where you should have first of all.
[APPLAUSE]
Mayor Carollo: OK. Next.
Mr. Foeman: Robert Pournier.
Mr. Robert Pournier: The more I listen, the more confused I get.
Vice Chairman Plummer: Huh.
Mr. Pournier: OK. I own two pieces of property, one is a luxury home overlooking the Miami
River. Do I understand, I am going to pay twenty-four dollars ($24) a year for the fire protection
or whatever, for that property? Now I own 20 units over by Jackson Hospital. Do I understand,
I am going to be paying twelve hundred dollars ($1,200) a year for these tenants? I am confused.
Anybody can...? Is it thirty dollars ($30) per unit in the apartment, and twenty-four dollars ($24)
for a luxury home?
Vice Chairman Plummer: Why don't you put the chart up on the board.
Mayor Carollo: Yeah.
Vice Chairman Plummer: Put the chart up. Let them see the chart. The answer is yes, sir.
Mr. Pournier: OK. Then, I would like to bring up a statistic. Eighty-one percent of
homeowners in Miami vote. I understand only eighteen percent of the people in apartments are
registered voters. It appears to me that this is a hit upon the disenfranchised, and I say this is
unconstitutional. And if none of you can remember the Boston Tea Party, I think you better go
back to your history books. That's all.
36 April 28, 1998
[APPLAUSE]
Mayor Carollo: Mr. Clerk.
Mr. Foeman: Judy Clark.
Ms. Judy Clark: J.L, you said you went to the fire stations and you felt so bad because they have
such crummy equipment. We have been paying our taxes, I have, for 35 years and my
assumption is, a part of my ad valorem taxes has always gone to provide for fire -rescue services.
If I have been paying into it for 35 years, where did the money go? What happened to the ad
valorem taxes I have been paying all these years to keep the department working, to keep it in
good shape, to make it a prideful entity for the citizens as well as the people who work for it? If
that money has disappeared over the years, and there is so much deferred maintenance, and they
are such crummy Fire Department right now, I think you have a number of choices. One of
which is not the fire fee. It seems to me, that you could... You have got one mil left, you could
raise that. You could have... you could have... work in your... workout in your budget the... the
issues that go to the... the monies that would go to the Fire Department so that they are... so that
there are some rehab taking place in the Fire Department, year after year, after year, which is
what should have been done for the last 15 years. God knows what happened to the money.
Secondly, I think you could have done a bond issue. I see absolutely no reason to implement a
brand new tax on the citizens of this City simply to provide fire equipment. Let me tell you, I
went to a meeting with the Fire Department because I was so incensed about you implementing a
new fee which I understand is costing hundreds of thousands of dollars to implement. At the
meeting with the Fire Department, the Fire Chief actually told us that 80 percent of all the phone
calls that they get, and all the work that they do is for rescue. Somebody needs to tell me how a
tax that you are charging me on my property has anything to do with the rescue that happens for
80, 80 percent of the work that the Fire Department does. This doesn't benefit my property
whatsoever. Secondly... Lastly, let me say this. I think it absolutely, unbelievable that all of
you are sitting here today and can't tell any of us who are here, fighting this fee how much it is.
That is the dumbest thing I have ever heard in my life, that you don't know how much you are
going to charge us each year.
[APPLAUSE]
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Commissioner, go ahead
Commissioner Gort: Point of clarification. I think, I recall, Chief about three years ago, we
went to the public with the bond issue it would have been a lot cheaper and it was voted down.
Is that correct?
Fire Chief Gimenez: That's correct. We went... In 1994 there was a bond issue placed on the
ballot and it was voted down.
Vice Chairman Plummer: The last three bond issues for Police and Fire and City and County
have all gone down.
Mayor Carollo: Look, if I may ask the administration so the one thing I don't think is
constructive in any way is for anyone to actually get the impression that members of this
Commission do not know what is going to be charged. If the administration could take a couple
of minutes and go down the line exactly as to what it's going to cost for this fire fee, on homes,
on apartments, on condominiums, et cetera.
37 April 28, 1998
Vice Chairman Plummer: Don't we have the chart we can put up on the board?
Mayor Carollo: Well, let's put it on the board, but let's go through it clearly so there is no
confusion anymore.
Vice Chairman Plummer: Well, the problem is Joe, you have quite a...
Mr. Garcia -Pedrosa: We are getting a transparency, Mr. Mayor, to put right up there so
everybody can see it.
Vice Chairman Plummer: While we are waiting, Mr. Mayor, I would just like to answer one
question to the gentleman who put out this circular, obviously did not hear that my vote was
predicated on the fact that this fee once it is set would not be increased. Would not be increased
in the five years that it is set here today. So I really don't understand, unless my vote here
doesn't count. My vote is not taken into account. My vote says there will be no increase in the
fee.
Mayor Carollo: OK, while we're waiting, Mr. City Clerk, if you can go ahead and read the
names of the next person that is to speak.
Mr. Foeman: Merle Nelson.
Mayor Carollo: Yes. Mr. Nelson.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Teele: Excuse me.
Mayor Carollo: Yes, Commissioner.
Commissioner Teele: I think a part of the confusion may be generated by some of our own
statements, and I think what you are asking the Manager to do is very important. But let's be
very clear. Mr. Manager and Mr. Attorney, are we imposing a five-year fee? Are we
imposing...? This resolution, as I read it is for the remainder of FY'98 which distinctly stated, is
a six-month fee. It is my understanding like in every other legislative process, that the funds for
this fee or any other fee must be appropriated annually which would normally be done in
September as a part of the normal budget process. That's two questions, or... But is that...? Are
those two questions both correct?
Mayor Carollo: Yeah.
Commissioner Teele: Is this resolution a six-month fee?
Mr. Lawson: Yes, sir. It's designed for an imposition period for six months. You will have, I
think your finance people will come to you with a budget amendment today that will follow
through with your decision.
38 April 28, 1998
Commissioner Teele: All right, that's item number seven. But... but, this is a six-month tee?
Mr. Lawson: Right.
Commissioner Teele: And thereafter, in that the ordinance has already been adopted, thereafter
each year annually, normally it would be in September when the overall budget is considered
and adopted, this Commission. So I think the confusion that we may be putting out is that this is
a five-year resolution. This is a six-month resolution. The five-year plan that the Manager has
presented, obviously may include this, but that is a merely a planning document and not a...
Vice Chairman Plummer: Not for me.
Commissioner Teele: ... a... It's a...
Mr. Lawson: Commissioner Teele, you are right, and Vice Chairman Plummer, you are right.
Commissioner Teele: Well, I am only trying to...
Mr. Lawson: The direction you gave your staff that came indirectly to me was, that you wanted
it clear to the public that the intention of this Commission was to impose the fee for the six-
month period, acknowledging you have to address this on an annual basis during your budgetary
process and that it was intended to be only in place for a period of five years. You do not have
the power to bind a future board's budgetary decision. However, you have put in this resolution
language that has stated the intention of this board, whether your successors fulfill that or not,
you really don't have any power over that. But, I think that's a function of the political process.
Vice Chairman Plummer: Well, let me tell you how you do it, OK?
Mr. Lawson: All right.
Vice Chairman Plummer: Because I am not confused. It's forty-eight dollars ($48) a year.
That's what it is for the single-family homeowner. It's sixty dollars ($60) for the apartment units
and it will not exceed that in the five-year as an annual fee. So, that's what my vote is. Now, I
don't know what you might misinterpret or interpret to the contrary. It is spelled out very, very
clear. I will not vote here for anything that exceeds that on an annual basis. And I can inject
into that, the only way it can be changed is through a referendum of the public. And guess what?
It ain't going to happen. And I don't want to do that, OK? But that's how, as far as my vote is
concerned. I made a promise to the people that I represent and all of the people that came to me
and talked to me. That fee would not increase over the period of five years.
Mr. Foeman: Merle Nelson.
Vice Chairman Plummer: Have we got the...? Excuse me, Mr. Mayor, I don't know what...
Chief...
Mayor Carollo: I don't know if he's ready or not.
Vice Chairman Plummer: ... is there a chart, or where is the...?
Mr. Garcia -Pedrosa: He's trying to get an overhead.
Mayor Carollo: Yeah, he's trying to get it. Let's keep going then until he gets it
Vice Chairman Plummer: OK, all right. Thank you. OK.
39 April 28, 1998
Mayor Carollo: Mr. Nelson.
Mr. Merle Nelson: My name is Merle Nelson. I live at 437 Northeast 82nd Street, just inside
the City line. I came here in 1981, bought some apartment buildings after I left the federal
government in Washington, D.C. Since that time, I saw the standard of living rapidly slip away
for myself and my tenants. I have been down here twice. The last time, at the last public
hearing, saw you folks in action. I can't address the intricacies of the budget aspects and what
should be and what shouldn't be, but there is one thing I can address, and that is the end results
of your actions. I represent the people on the street. My tenants, my own living. I got a
building without wind insurance. I drive a car, 1979 Pontiac, 122,000 miles on it. The standard
of living has really slipped. My vacancy rate has gone right through the clouds. I know
probably, I don't know 12, 15 apartment owners like myself in the Northeast section. The
vacancy rates, I don't know where the people have gone. I am cutting deals, can't get deposits.
This is life that you people are causing. I view you as the enemy. The battle lines have been
drawing. You are putting me out of my business. And to see the level of discussion that
Commissioner Teele addressed last hearing, of call us slum landlords. I dare say, that if you had
any honest integrity on that matter, he could go out and get rid of them because all the laws are
in place to do it. You are the enemy and it is a shame that we have to address this environment
like this. It's too bad we can't work together in better ways. But this is the reality of the
situation. Thank you.
[APPLAUSE]
Mayor Carollo: Next.
Mr. Foeman: Monique Taylor.
Mayor Carollo: Yes.
Ms. Monique Taylor: My name is Monique Taylor. I reside at 1271 Northeast 85th Street, and
as you know, I am a landlady. And I can only echo the words of Mr. Nelson who just spoke.
We are functioning or attempting to, under the most hostile environment that ever, ever was.
Most of us, including me, certainly cannot afford windstorm insurance nor flood insurance and
barely can afford liability. We have tenants who without our help would be in the streets. This
is in the Northeast area. I went to a lot of people depending on HOPWA (Housing Opportunities
for People With Aids) Program, Housing Opportunity for People with Aids. Once their subsidy
ends, most of them are not able to continue paying their rent. I am, myself, subsidizing about
four of them at this point. We are asked, not only to contribute to the City and the powers that
be, but in such an unfair fashion that it's absolutely... It's impossible, we can't do it. First of all,
we are subsidizing the single-family home garbage pickup at the tune of one hundred and sixty
dollars ($160) per unit per year, because we need... We have our private haulers which we pay,
and we need to pay otherwise they are not going to pickup our garbage. Out of that, you people
are getting 20 percent in franchise fee. Fee, we pay for that. Now, we are also expected to pay
40 April 28, 1998
for the portion that is incumbent on the churches, the public housing and the School Board,
because they cannot be exempted. It's going to be taken out of a General Fund which is my
pocket and your pocket, and everybody else's. We are having to pay tacked unto our CU
(Certificate of Use), a fee to pickup the illegal dumping which is clearly a police matter and only
the commercial is charged for. And it is my understanding, that four million dollars
($4,000,000) - yes, you heard me - four million dollars ($4,000,000) are presently earmarked for
the collection of this illegal fee or tax. Gentlemen, go back to the garbage. This is not viable.
It's going to take you to the courts. We are almost there. We want to work with you. We want
to help save the City of Miami. For God sakes, don't send it to the court on a class action suit.
You'll lose. We'll all lose. Rethink it. Go, go for the garbage. Thank you.
[APPLAUSE]
Mayor Carollo: OK. Who is next?
Mr. Foeman: Phillip Thomas.
Mayor Carollo: Phillip Thomas.
Mr. Phillip Thomas: Gentlemen, Phillip Thomas, 2700 Northwest 82nd Street. I would like to
set this in a little historical perspective. The City of Miami was chartered in 1896 for 101 years,
the cost of the Fire Department and all of the Police Department have been borne from your
General Fund and... and ad valorem.
Vice Chairman Plummer: That's not true.
Mr. Thomas: This matter of the non -ad valorem fee, is a new thing. The state has set a
constitutional provision that no subdivision, City, County, School Board can charge more than
10 mills. We wouldn't be here today if the administration of this City had not gotten so rotten
and so many millions of dollars have been siphoned off illegally through the years and many of
you gentlemen have been here for many years, and should share in that responsibility. We
would not be here today, if the Oversight Board had not come down on the backs of you people
and the City and demanded more income, even in spite of the fact that Mr. Garcia -Pedrosa said,
that the budget was essentially in balance. This whole issue could still be resolved very simply,
as had been said many times by charging the single-family homeowners the full amount of their
garbage fee collection, you would not be here with this issue. This very Commission voted out
this fire fee, I believe on February the 24th. You voted it out. You felt that it was not right, and
it was unconscionable. You voted it back in again, essentially two weeks ago, and here we are
today to make the final decision. I think that the problem here is that this board has been
seduced by the Nabors law firm into a...
Mayor Carollo: Sir...
Mr. Thomas: ... an action...
Mayor Carollo: I am sorry, your time is up.
Mr. Thomas: Let me say this, if I may?
Mayor Carollo: If you could hurry up, please?
Mr. Thomas: You gentlemen have it on your conscience. I would hate to have it on mine, what
you may do today by balancing this budget on the poorest of the poor.
41 April 28, 1998
[APPLAUSE]
Mr. Foeman: Josue Morales.
Mr. Josue Morales: Josue Morales, 3501 Southwest 16th Street. Once again, areas like
Overtown and Wynwood and Little Haiti and East Little Havana and the poorest areas are going
to have to pay for the mistakes that you all made. Once again, we are going to answer to the
State Oversight Board and get afraid and run away because we don't have a balanced budget,
although the City Manager presented a very good balanced budget. And once again, who gets it
at the end? The poor people. When are we going to find a better way? We are telling you
where is a better way which is the garbage fee. But yet, again, you represent us, but you really
care what we say at this point. You are going to go ahead and do this because the State is
basically running the City. Our own Commissioners are not. Thank you, Commissioner
Regalado. I live in your district. My landlord already wants to raise my rent forty dollars ($40),
but she knows that I am very well versed in this, because I was here when this all began. And I
am not going to let her get away with it. What about the rest that don't know, and that you don't
explain to? Ask the State Oversight Board to answer to them.
[APPLAUSE]
Mr. Foeman: Edwin Bliss. Edwin Bliss.
Mr. Edwin Bliss: Good morning. My name is Edwin Bliss and I am going to be referring to the
address 7001 Northwest 15th Avenue in the Northwest section. I have a 38-unit building in
which I have four tenants. I wish you people would do a little bit of math for me. It comes out
to be a fee of approximately twenty-two hundred and eighty dollars ($2,280), I believe that I will
have to pay for that building. Or in other words, five hundred and seventy dollars ($570) a piece
per tenant. And I guess this is for a six-month period. I have another building on 219 Northwest
loth Street in which I have a... It's a ten -unit building in which I have three tenants. By the
way, the reason I have so few tenants is because the crack business. Meaning users and the sales
are so bad in these areas that I can't... I can't get anybody in there but drug addicts and I am not
going to rent to those people. You talk about how much it is per apartments. What are these
apartments going to be paying? In one case, I come up with approximately five hundred and
seventy dollars ($570) for six months. And the other one, two hundred dollars ($200) for six
months. The good landlord is supposed to pay this? That's what... that's what these poor, poor
tenants are supposed to pay if they came up with their share through the vacancy rate. And
nothing that I have heard about, so far has had to do... anything to do with vacancy rates. And
it's the Police Department, I would guess, is the reason that we have so many problems with the
crack and the drugs. This just isn't fair to have these kinds... I mean, these are wonderful
tenants that I have, and I have the best. The reason being that I won't rent to the worst. And it's
just not fair for them to pay those kind of fees. I don't know why we can't... You can't settle
with this garbage fee that has been mentioned so many times in the past. Maybe you can
consider vacancy rates when you do your considerations. Thank you.
[APPLAUSE]
Mr. Foeman: Tom Gabriel.
Mr. Tom Gabriel: Tom Gabriel, Miami Association of Firefighters, 2980 Northwest South River
Drive. I am going to tell you a little about the other side of the story. The other side of the story
is the Fire Department has been doing without for about ten years now. We have had no new
fire trucks to respond to the ever increasing runs. That may turn a lot of heads and say, so what?
But let me explain this to you. That the Fire Department has been more and more efficient. Ms.
Clark had mentioned about 80 percent of the calls being on EMS, well we now use our EMS
42 April 28, 1998
paramedics as part of the response to put the fires out. We have reduced the amount of fire
trucks. We have cut the costs by four million dollars ($4,000,000). We also increased the
revenues by charging for those runs. So, the Fire Department has been doing its share. Now, we
have a problem. We have a problem in that there is not enough money to go around to run the
City right now. Partially, because of economics. Partially, because we are a poor City. I can tell
you for a fact that each one of these six individuals do not like this. They don't like raising
taxes. They don't like raising fees. They don't like raising anything. They don't like cutting the
costs that's going to affect services. But it's a business decision. It's a business decision just as
much as it is as raising the rent. And nobody here is going to tell me they haven't raised the rent
to make a little profit. This isn't about profit. This isn't putting money in the bank. This is
about giving the tools that the fire fighters and paramedics need to save lives. I can tell you that
we have been as efficient as any department in this City. And what we are trying to do and what
we promise you as the Association of Firefighters, working with the Commissioners and the
Mayor is that we'll watch over that money to make sure it's not spent foolishly.
Unidentified Speaker: What did you do about the one before? [inaudible -- off microphone]
Mayor Carollo: Excuse me, please.
Mr. Gabriel: We have... To answer the comment, we have advocated raising some other fees
ourselves. So please, remember, this is a business decision. They don't want to do it. I have
been just about thrown out of their offices a couple of times advocating fee increases whether it
was garbage or fire fee. But it's a business decision that has to happen. So I encourage the
Commissioners and the Mayor to move forward with this. I think it's the best deal. It covers
everybody between the combination of fees. Thank you.
Unidentified Speaker: Boo! Boo!
Mayor Carollo: OK. Yeah, hold on. Woa, look, look. Hold on for a minute. Hold on for a
minute. You know I have been very patient with everyone here and, you know we have rules to
follow. Let me read them, because we could all disagree, but we could do it an orderly fashion,
in a dignified way. Let me read what every agenda has in the front, just so that people can
remember the way that we need to behave here, and it says ... Any person making impertinent
or slanderous remarks or who becomes boisterous while addressing the commission, shall be
barred form further audience before the Commission by the presiding officer, unless permission
to continue again or to address the Commission be granted by the majority vote of the
Commission members present. No clapping, applauding, heckling or verbal outbursts in support
or opposition to a speaker or his or her remarks shall be permitted." So please, if I may ask
everyone here to try to observe those rules and regulations that we have here. Thank you. Next.
Mr. Foeman: Frank Skinner.
Mr. Frank Skinner: I own an apartment building in the City of Miami and to me it seems like the
City of Miami has run the budget, the City's budget into the red and now you are trying to put
the responsibility of getting it back right on the lowest income people in the City. It just doesn't
seem fair. That's all.
Mr. Foeman: Peter Sobel.
Mr. Peter Sobel: Peter Sobel, 421 Northwest 3rd Street. I am an apartment owner, apartment
building owner. I think that it's short-sighted, the fire fee because what's going to happen as you
have heard from many owners of apartment buildings, is that they are on the brink of not being
able to cover the ad valorem taxes and other expenses such as the utilities that have gone through
the roof. And the vacancy factor is extremely high. So you may be successful in passing this
43 April 28, 1998
today, be it thirty or sixty dollars ($60) per year, I am still contused sitting here. But I think
what's going to happen is you're going to lose these buildings. You are going to end up with
buildings that are not maintained privately because the landlords won't be able to come up with
the tee that you are now assessing them, and I am saying some of them will. I also don't see
where hotel rooms are covered. Aren't hotel rooms have the same thing with the fire -rescue?
And I haven't heard anything about hotel rooms. There are many hotel rooms in the City of
Miami. Are they exempt? Are the hotel rooms exempt unto this?
Fire Chief Gimenez: Hotel rooms are... Hotels are classified are classified and they are rated as
square footage.
Mr. Sobel: They are exempt from this fee.
Vice Chairman Plummer: No.
Fire Chief Gimenez: No. Hotels, no.
Mr. Sobel: How are you assessing them?
Fire Chief Gimenez: They are rated as commercial property.
Mr. Sobel: And how are they being...? How are you getting your fee?
Mr. Garcia -Pedrosa: Square footage.
Mayor Carollo: Square footage.
Vice Chairman Plummer: Depending on the square footage.
Fire Chief Gimenez: Square footage.
Mr. Sobel: Oh, you're getting it by square footage?
Vice Chairman Plummer: Right.
Fire Chief Gimenez: Yes, sir.
Mr. Sobel: So they are... Thank you. Well, I think that... We all know the City of Miami's
quality of living of... in the apartment buildings in the various Northeast section, Northwest
section has declined over the years, and the vacancy rate has gone way up because of the
handling of the City and the public and the problems of crime. And I think you'll get... you'll
assess it and I think you are going to find you're going to lose a lot of your tax base because of
the apartment buildings no longer being able to afford to keep their buildings. And if you want
to lose these buildings, and lose the tax base for these buildings...
Mayor Carollo: OK, you're time is up, sir.
Mr. Sobel: ... you just go ahead and pass this fee, you will see what happens. Thank you.
Mayor Carollo: Thank you.
[APPLAUSE]
Mr. Foeman: Felix Cobo.
44 April 28, 1998
Mayor Carollo: Let's go. You're next.
Mr. Felix Cobo: [COMMENTS IN SPANISH]
Mayor Carollo: Excuse me. Excuse me, Felix. Espera. Mr. Manager, can you get someone to
translate for him, please?
Mr. Garcia -Pedrosa: Would you like me to do it?
Mayor Carollo: Yeah, that will be fine. Thank you.
Mr. Cobo: [TRANSLATED BY MR. GARCIA-PEDROSA] My name is Felix Cobo of Robert
King High. 1403 Northwest 7th Street. District number three. It is my view, for the second
time that I speak here, so please forgive me. To participate and debate as a conflictive as this
one for the fire fee. I maybe out of group to try to say something that the majority of persons
may find to be unjust, but I will ask, a City that does not pay taxes, a City where we the
taxpayers, do not try to maintain by our own effort is a City possibly, of poor people, as is the
City of Miami that among those cities we have a very high place among other
poverty levels. I believe, and I have experienced since I live in an apartment building that
elderly people, the work done by the rescue personnel always saving lives of we, the elderly, and
especially those in the Little Havana area. I would tell the property owners and the apartment
owners in particular, that if we don't have firefighters, we don't have the rescue personnel, if we
don't have any professional personnel with equipment to help the citizenry, perhaps on any
given morning we may wake up like the fire in Rome or the fires all over the City. I believe that
the finance people, especially the Manager have done an exhaustive investigation analysis before
setting a fee that, we the taxpayers are going to have to pay. That all the alternatives that may
exist may have been analyzed, that this may represent substantial revenues in the City of Miami.
And all done, they have to please the voters and the taxpayers. Thank you. That's my opinion.
Mayor Carollo: Thank you.
Mr. Foeman: Jack Stupp.
Mr. Jack Stupp: Good morning, gentlemen, Commissioners. I know you people are sincere, you
are trying to do a good job. You have a big mess that you did not create. Years ago, your
predecessors passed the inventory tax which destroyed the whole industrial area, the northwest
section along the FEC (Florida East Coast). You had a striving industrial area in the City of
Miami. Where is the City industry now? The inventory tax killed it. And by passing this
ordinance here, you are going to kill the apartment industry. And Mr. Teele mentioned ten
percent of the employees of the City of Miami actually live in the City and those are Solid Waste
employees. Where are the other 90 percent? Why don't you ask the other 90 percent why they
live in Weston. The Police Department and the Fire Department are doing a fantastic job. The
Police Department has a high speed chase every day and then they call the Fire Department to
mop up after them. You are using these people as scapegoats. The man from the union, you're
doing a fantastic job. Why are you buying new garbage trucks? I see new garbage trucks. The
last time I was here, you're talking about garbage. All month, the City is strong with cash.
[phonetic] Why you do a survey? How many tons you're hauling? You are hauling more tons
than Dade County is. Why you just give it to IWS (Industrial Waste Services); BFI (Broward
Ferris Industries); Wayne Huizenga, let them pick up garbage. The City is cosmetically shot.
You passed the South Florida Building Code. Exxon, Mobil, Texan, Burger King can afford to
put tile roofs on buildings. You are allowing them to put shingle roofs on, and the
neighborhoods look cosmetically deteriorated. Mr. Willy Gort, asked me, show me a house for
fifty thousand dollars ($50,000). Like I misstated the last time I was here. A house should be
45 April 28, 1998
selling for two hundred to five hundred thousand, it's selling... is going for fifty to eighty-five
thousand in Mr. Teele's district. Why aren't any of your employees living in the City? The City
is cosmetic has cosmetically deteriorated. You're trying to cure syphilis with aspirins and band -
aids. You're not attacking the real problem.
Mayor Carollo: Sir, you're time's up, sir. Your time is up. Thank you, sir.
Mr. Stupp: OK. I would like give Mr. Pedrosa a copy of the Miami Beach...
Mayor Carollo: Go ahead. Go ahead.
Mr. Stupp: ... building codes that reforms to the South Florida Building Codes...
Mayor Carollo: That's fine.
Mr. Stupp: ... that the City will better and you can get taxes. Your getting... your tax base has
been cut one quarter...
Mayor Carollo: Sir, sir. Your time is up, sir. Please.
Mr. Stupp: ... and your taxes are four times too high. Mr. Teele is sincere.
Mayor Carollo: OK.
Mr. Foeman: Janet Kilroe.
Mayor Carollo: Sir.
Mr. Stupp: He is an honest and he's trying to help his constituency. You didn't create any of
this, but you're not trying to solve it.
Mayor Carollo: Go ahead.
Mr. Foeman: Janet Kilroe.
Ms. Janet Kilroe: You know me. I have been here a few other times. This gentleman back here
said the owners make money. Where I live, come where I live, 638 Northeast 83rd Terrace. I
am there 19 years, and it's deteriorated. I am on Social Security Disability, not from my own
doing. I am 59. This was when I was 50 years old. I haven't been able to work, and I can't
work the doctors told me. I had a brain operation. I can't move. The rent is low. The owners
are keeping it low. They are not making money. Come on over. Why don't you come over, Mr.
Teele, and the rest of you? I wish I could move, but I can't, and I see what's going on. I can't
afford more rent. I get one check a month. I don't even get food stamps. At first they gave
them to me, the first year, ten dollars ($10) a month, they gave me for one year back in '89, then
they stopped it after a year. I took it because I was an American citizen. It's no good to be an
American citizen. I have been in the systems. I know what's going on. I was embarrassed that I
can't work. I go to Jackson. You want to see my card? I have Medicare after two years. I can't
afford it. What do they give Social Security, two percent increase? Last month... week, I got my
hair done. I couldn't afford, but I got twelve dollars ($12) to do it because I looked a mess. You
can't pass this. I can't afford it, and the rest out there can't afford it. And if you do pass it, you
better tax the rest, the housing, because I am in the same predicament. I can't afford more rent.
And the churches and the schools. What's good for one, should be good for everyone. And
don't do it. I can't afford it. I tried to be a proud citizen, and you know what? You lose it. I
have lost it. Why don't you clean up the City, the NET (Neighborhood Enhancement Team)
46 April 28, 1998
operations? Get rid of a lot of people you're overpaying that don't do the work. I see what's
going on. Because I am a crime watch in my area, my street. I see what goes on and what they
don't do.
Mayor Carollo: Ma'am, I am sorry, you time is up.
Ms. Kilroe: I try to clean the City up, that block. And they don't do it.
[APPLAUSE]
Ms. Kilroe: They were out there last week with all junk cars, they says get rid of them. I keep
reporting what's going on.
Mayor Carollo: Mr. Manager, I hope you're taking notes of what she's saying. Thank you.
Whose next, please?
Mr. Foeman: Marden Goodwin.
Ms. Kilroe: They didn't come out.
Mayor Carollo: You have to sign up here, Mr. Casanova.
Mr. Gilberto Casanova: Yes, sir.
Mr. Marden Goodwin: Yes, sir.
Mr. Goodwin: There are two things that I want to say. One is that Broward County tried this...
Broward County tried this and they were unsuccessful, now they have to go through the expense
of paying back everybody who paid in the tax because they had a class action suit filed against
them and they lost it, and that will cost the City more money. This boils down to a tax on the
fire services for the garbage of the private homes. Let me tell you something that has been
around for a long time. Garbage is garbage is garbage. And no matter what the name is, it
smells as bad. That's where this should... tax should go. Thank you.
[APPLAUSE]
Mayor Carollo: Thank you, sir.
Mr. Foeman: Deborah Cimadevilla.
Mayor Carollo: What's the name?
Mr. Foeman: Deborah Cimadevilla.
Ms. Deborah Cimadevilla: Deborah Cimadevilla.
Mayor Carollo: Deborah, OK. Deborah, go ahead. Mr. Casanova, you have to sign up here,
now. Mr. Manager, can you explain to him what he has to do to speak?
Mr. Foeman: He signed up, Mr. Mayor.
Mayor Carollo: Did he? OK, well, he's got to wait, then. OK, Deborah, go ahead. Deborah, go
ahead.
47 April 28, 1998
Ms. Cimadevilla: Hello, my name is Deborah Cimadevilla, and I am here simply to say
something which all of you know already. Isn't the job of a politician to be a visionary person?
To look at the past and think about the future of a City? I am asking you to use that. You are in
the power to do it, and all I have to say is, isn't it obvious that people are against a fire fee, that
it's going to be a dangerous thing? That it's going to drive away the future, the working people?
The poor people are the working people. It's the gasoline, because most of the rich people that I
know in Miami do sit around and do nothing. They live off of their parents money or whatever.
But, what I am going to say is that, you're driving away the people who are keeping the City
going. You might pass this, but what's going to happen? You are driving away the people that
are going to be paying for the City to be beautiful and strong and to keep it going. And let me
tell you something, I am the daughter of a landlord, I work really hard. My parents live very
humbly, and they are very far from being slum lords. They work very, very hard, and they have
for 35 years. I know all of my tenants, OK. They are people who want to make the City strong.
But, you know, what's happening? They are leaving. They are leaving because they cannot
afford it. Now, just like my father did so many years ago, like I do, because I work those
buildings just as hard as they do. Just how we have done to make the City strong and we've put
so much money into this City, why can't you make it possible for the people who want to do it
for the City, who want to be here working. And, I'll tell you another thing is that, how obvious
is it? People don't mind having the garbage fee raised. They want it to be raised. Why are you
insisting? Why? If people don't want a fire fee, it's so obvious, and they don't mind paying a
garbage fee, a higher garbage fee, why is it so obvious that you are insisting on something that's
going to be detrimental to the future of Miami? And that's all I am going to say. Thank you,
very much.
[APPLAUSE]
Mayor Carollo: Thank you.
Mr. Foeman: Gilberto Casanova.
Mr. Gilberto Casanova: [COMMENTS IN SPANISH]
Mayor Carollo: OK, Mr. Manager, if you could translate again? Thank you.
Mr. Casanova: [TRANSLATED BY MR. GARCIA-PEDROSA]: Honorable Mayor Joe
Carollo and all Commissioners. I am Gilberto Casanova. A voter of the United States of
America... without exception. We are totally against that retirement benefits be paid no matter
who it is to, to those who may have violated the laws of the United States. We believe that it is
the duty of United States of America, all persons... whites, blacks, all nationalities know that all
the laws of the United States have to respected. To that effect, all the Commissioners... if
today... the Mayor and Commissioners would approve pay pension benefits to those breaking the
laws of the U.S. that tomorrow it will somebody be somebody else that we will also have to pay
with our cents the millions of dollars that some have stolen where we live for 37 years and our
hands are clean. At this time, Gilberto Casanova is seeking federal office, Congress of the
United States...
Vice Chairman Plummer: He is? Well, wait, wait, wait. If this guy is running for political
office, let him run out the door. Now, if he's going to speak to the fire fee, that's fine. Tell him
that.
Mr. Casanova: OK, sir.
Vice Chairman Plummer: Oh, you understood that?
48 April 28, 1998
Mr. Casanova: OK, sir. Me continue. Me continue. This is very happy for you. It is my story
and the right story. No forget it. No forget it. [COMMENTS IN SPANISH]
Vice Chairman Plummer: Can you top that? No. What did I do now?
Mr. Garcia -Pedrosa: You bothered his rights.
Vice Chairman Plummer: I did. Oh, all right.
Mr. Casanova: [TRANSLATED BY MR. GARCIA-PEDROSA]: The laws of the U.S... cannot
violate... (inaudible).
Mayor Carollo: OK, his time is up. His time is up. Time's up. OK, now is this the last
speaker?
Mr. Foeman: Yes, it is, Mr. Mayor.
Mayor Carollo: The best for the last.
Vice Chairman Plummer: We have... We wound up with a bang.
Mayor Carollo: Is there anyone else that would like to address this Commission before we
close? Sir, go ahead. Anyone else after this gentleman? OK, after this gentleman speaks we are
going to be closing the public section part. Go ahead.
Mr. Leo Bloom: My name is Leo Bloom. I live at 3670 Southwest 23rd Terrace. And as a
wound up, I think I am going to be a calming effect. I own five houses, all in a row, and
everybody speaks about raising the garbage fee. Well, I do not raise the rent on my people. I
have some people there ten years, seven years, and these people can barely make it. So I
absorb... My insurance, the other charges I get from the City taxes and the whole bit. Now, I
understand you folks have a problem, and you're trying to do the right thing. I can understand
these people that own houses with 50 apartments and all that, and they really have a problem. I
have a problem, I don't want to raise the rent on my folks, they can barely make it. They just
make it. Some of them are late on the rent. Once in a while I lower the rent, which is very
unusual. But, they think I am one of the best landlords. So, I understand what's happening here.
There must be, maybe another way to average out the charges so everybody pays a little bit, and
I really didn't want to do any speaking, but gosh, I had to say "wow." That's all for me.
Mayor Carollo: Thank you, sir.
Mr. Charles J. Flowers: Good morning, Charles J. Flowers, resident of Spring Gardens. I am
sorry I came here late. I was out of town, but I would at least like to say this. If you must
initiate a fire fee, I am for it. I live in a townhouse. I own four buildings. I do not pay City
garbage fee, we have a private pickup. So to have a fire fee, I would believe I am paying my fair
share to keep the City alive. Thank you.
Mayor Carollo: Anyone else? Anyone else? Go ahead, sir. Your name and address for the
record.
Mr. Ramon Guillen: Ramon Guillen, G-U-I-L-L-E-N. You know all the Commission look at
me. I work for 35 years, for 32 years in the City of Miami. I speak to them, but I speak in my
language, Spanish. I speak it very, very well. I got a better communication, but I speak English.
And the people come right here and the reverends is all give me money, the churches. And I
read where the people, they come to the City of Miami, give me money, the community. But
49 April 28, 1998
when the rescue come, the rescue... I working hard. Working seven years. Work in the
community and the Miami Police work there seven years. Work the community. Work the City
of Miami. What do you do to support if you don't get the project today? You put more money
on the rescue, him working hard. Me pay my money. Somebody come a different City. They
come a New York, they come from California. They making a building in the Miami City. The
lady, you know, the people got a good building in Miami City, no pay tax, no pay nothing at all.
He make a good money over here. You know how to make it over here in Miami. He got it, you
know the person and he got a good citizens of Miami. But other people coming, they collect the
money, and lady when you got... go to the Dominican Republic, I got a good vacation. You go
in the Columbia. You go in the rest of the Country. Me American, me no have a chance to go
on the vacation, because me no have the money. But other people... you know. One sign the
block over here, put the building. No pay tax to the City of Miami. No make a permits. Later,
he say, Oh, he rent to the... room for four hundred dollar ($400). He collected my money. My
money... the Centro America where he no pay tax and the City of Miami. And I repeat to all the
Commission, you Commission, you boss.
Mayor Carollo: Time's up, sir. Thank you.
Mr. Guillen: Right. You boss, you good... be boss. If Tomas Regalado, Mr. Arthur Teele, I
look for a long time. What do you to the people live in the United States of America don't pay
tax?
Mayor Carollo: [COMMENTS IN SPANISH]
Mr. Guillen: OK.
Mayor Carollo: Gracias. OK, now the public participation part of this item will now be closed.
Is there any further statements, questions from any members of the Commission, which I am
sure there is?
Commissioner Gort: I would like to...
Mayor Carollo: Commissioner Gort.
Commissioner Gort: ... a point of clarification. Mr. Manager, my understanding is, when we
make the certain motions, the total budget that we approved at that time and the total increase
was about ten million dollars ($10,000,000) if I recall. Do you remember the exact amount?
Mr. Garcia -Pedrosa: I am sorry, the total what?
Commissioner Gort: We, on first reading approved this. We also approved all the fees to
increase not the four million but it was... What was the total at that time, do you recall?
Mr. Garcia -Pedrosa: The original fire fee?
Commissioner Gort: No, no, I am talking... The original fire fee was going to raise thirty
million dollars ($30,000,000), we reduced it and put it equivalent to all the residents within the
City of Miami, and it has come down from thirty million dollars ($30,000,000) to four million
dollars ($4,000,000). We were also, my understanding is, increased the garbage fee. We also
put some additional fees to the businesses. And my understanding is, when we did that we came
up with about eight or ten million dollars ($10,000,000).
Mr. Garcia -Pedrosa: I think we came up with nine and a half million dollars ($9,500,000) of
recurring revenues which included the fire fees.
50 April 28, 1998
Commissioner Gort: Of recurring new revenues which the fire fee is four million of that nine.
Mr. Garcia -Pedrosa: Roughly, yes.
Commissioner Gort: About 40 percent of the increase. Thank you.
Mayor Carollo: OK, Commissioner Plummer.
Vice Chairman Plummer: The chart is on the board...
Mayor Carollo: OK, it's on the board now? Good.
Vice Chairman Plummer: Mr. Mayor, the people that asked for it to see. I think it's very, very
clear.
Mayor Carollo: Chief, could you go through the chart real briefly? It's very difficult to read it
from here and something that I think we need to get on the record.
Vice Chairman Plummer: You can't read that?
Commissioner Gort: If you move the machine back, it will increase the...
Vice Chairman Plummer: You can't read that?
Fire Chief Gimenez: Yes, sir.
Vice Chairman Plummer: I can read that from here. Now it's getting blurred.
Commissioner Gort: Just move it back. Focus on a good spot.
Mayor Carollo: Well, maybe you are closer to it than I am, Commissioner.
Vice Chairman Plummer: I can read that easily. It's the truth, I can. I can read that. If he put it
up close to me I can't read it, but if you... that far, I can read it easily.
Fire Chief Gimenez: Yes, sir. The chart on the upper left hand corner shows the single-family
rate which is twenty-four dollars ($24) for the period ending, which will be ending September
30th. Multifamily rate per unit is thirty dollars ($30). Public Housing is eighty-six dollars ($86).
Now on the... on the bottom right, to the bottom right is a chart that shows by square footage
depending on the type of property it is, it's divided into commercial, industrial and warehouse
and institutional. And depending on the square footage of that property, it's how much you will
end up paying. As an example, a commercial property of... of up to 1,999 square feet will pay
twenty-three dollars ($23) and on down the line. It is capped off at 200,000 square feet. The
maximum that a building will pay... The maximum on a commercial property is... it appears to
be forty-five hundred dollars ($4,500) on 200,000. Two hundred thousand square feet or greater
it will be forty-five hundred dollars ($4,500).
Vice Chairman Plummer: But, now let's be honest, OK. That's for the six-month period. For a
full year, they'll pay nine. Roughly nine, whatever that number is. Just double what's there.
Fire Chief Gimenez: The...
Commissioner Gort: For a 12-month period.
51 April 28, 1998
Vice Chairman Plummer: For a 12-month period. Hey, look, let's don't deceive me or the
public or anybody else, all right. It is a forty-eight dollar ($48) a year fee for single-family.
Commissioner Gort: No.
Vice Chairman Plummer: It is... what?
Commissioner Gort: That's not my understanding.
Fire Chief Gimenez: That is... Come September during the budgetary process, you have the
right to redo this on a yearly basis.
Vice Chairman Plummer: Sir, you're about to lose my vote. Now, I am telling you that I made a
commitment to the people that I have talked to that this will not exceed forty-eight dollars ($48)
a year for the homeowner; sixty dollars ($60) a year for the apartment or just double what that
charts says and it will not exceed that over the five-year period. Now, if it's other than that, tell
me so, and I'll vote against this thing.
Commissioner Gort: Less than that.
Fire Chief Gimenez: No, sir.
Vice Chairman Plummer: All right.
Commissioner Gort: It's less than that.
Commissioner Regalado: Well, what he's saying is that we can do it less next year.
Vice Chairman Plummer: Look, nobody is here to complain if you are going to charge less.
Commissioner Regalado: Of course.
Vice Chairman Plummer: Nobody... As a matter of fact, they would be tickled pink. But the
point simply is, everybody is concerned about it might go higher. I am saying to you that for this
vote, for the five years, it's not going to go more than double what you see on that chart which
represents six months on an annual basis. Period. Amen.
Commissioner Regalado: Then, can we... can we say that on the resolution, on this...?
Vice Chairman Plummer: Sir, I am telling you that my vote is predicated on that.
Commissioner Regalado: Mine, too.
Commissioner Gort: Let me ask a question. My understanding was that twenty-four dollars
($24) would be a year.
Mr. Garcia -Pedrosa: You are only voting for the fee to be set for the fiscal year that's already in
place.
Commissioner Gort: I understand that.
Mr. Garcia -Pedrosa: The fiscal year '97-'98, half of which is gone. So, when you charge
twenty-four dollars ($24) which is what this chart indicates for the six-month period, that's what
52 April 28, 1998
you're charging this fiscal year. Commissioner Plummer is absolutely correct. The annualized
rate would be double that. But you get to vote on that separately next year. And what he's
saying is, his vote is predicated...
Vice Chairman Plummer: Not to exceed.
Mr. Garcia -Pedrosa: ... not to exceed that. The annualized rate.
Vice Chairman Plummer: Now, let me make sure that also that I understand. The numbers that
you gave me Chief, that this would raise on that fee approximately four point two million dollars
($4,200,000) a year is predicated on not exceeding forty-eight dollars ($48) a year.
Fire Chief Gimenez: That's correct. It will not exceed that.
Vice Chairman Plummer: OK. All right. So, let's... let's just put it out there like it is. It is
double the chart for the year two, three, four, and then if there is a half a year, whether it's four
and half years or five years.
Commissioner Gort: I think you have got the Budget Department saying something different.
Mayor Carollo: Yeah.
Vice Chairman Plummer: If the Budget Department has got a different opinion...
Commissioner Gort: Let's get it on the table.
Vice Chairman Plummer: Put it on the record. You know... Hey, you guys huddle, but don't
keep me out of the loop.
Fire Chief Gimenez: OK. The numbers I gave you for the five years, OK, were predicated on a
24... the single-family home having a twenty-four dollar ($24) rate throughout the entire year.
Mr. Garcia -Pedrosa: For future years.
Fire Chief Gimenez: OK.
Mr. Garcia -Pedrosa: So it will be less than the forty-eight.
Commissioner Gort: Right.
Vice Chairman Plummer: Yes.
Fire Chief Gimenez: That's correct.
Commissioner Gort: Yes.
Commissioner Regalado: That's what I... That's what I understood.
Fire Chief Gimenez: And that's what you asked. It would not go more than forty-eight. It
would not go more than forty-eight, it's predicated on twenty-four.
Commissioner Gort: No, no, no. My understanding is, and once again, I want to be... make it
clear, because there is a lot of people here and on TV. My understanding is, the budget that you
received of four million dollars ($4,000,000) from the fire fee was paying twenty-four dollars
($24) a year...
53 April 28, 1998
Fire Chief Gimenez: That's correct.
Commissioner Gort: ... for the residential. Thirty dollars ($30) for multifamily and Public
Housing sixty, plus the other share for the public.
Vice Chairman Plummer: No, public...
Commissioner Gort: So there is no need to increase them to double.
Vice Chairman Plummer: Public Housing is eighty-six.
Mr. Garcia -Pedrosa: But the point, Commissioner Plummer is making is absolutely correct. The
cost, the assessment period this year is for six months. You have to double that for this year.
Vice Chairman Plummer: For a total year. For a total.
Mr. Garcia -Pedrosa: For a total year.
Vice Chairman Plummer: Twelve-month period.
Mr. Garcia -Pedrosa: Of the four point two million dollar ($4,200,000) figure was predicated on
it being twenty-four dollars ($24) next year and twenty-four dollars ($24) the year after and so
forth, which is a decision that you have to make each and every year in the future, up until five
years...
Vice Chairman Plummer: But it will not exceed the forty-eight.
Commissioner Gort: We made that decision.
Mr. Garcia -Pedrosa: That's correct.
Commissioner Gort: We made that decision. My decision is 24, 30 and 86 for the whole...
Mr. Garcia -Pedrosa: For the balance of this fiscal year.
Commissioner Gort: And for the whole year and the future, too.
Mr. Garcia -Pedrosa: Well, you can't vote today on fiscal year '98-'99.
Commissioner Gort: No, I understand. I understand. But I want to make sure. I want to put it
on the record, OK.
Mr. Garcia -Pedrosa: That's fine.
Mayor Carollo: Any further questions? Statements? Any further clarification, Mr. Manager?
Mr. Garcia -Pedrosa: Unless the Commission has any... any other questions, the only thing I
would say, Mr. Mayor, is that one of the speakers made the point very clearly. I thought that is
really something that needs to be done for the... In fact, Mr. Gabriel for the firefighters union for
the sake of the protection of lives in our City. The other point that I would make is that in terms
of the process with the Oversight Board, I think there has been a very clear indication from the
Oversight Board that this is the kind of revenue raising measure that will look favorably upon,
and it will be a very important part of our budget approval for this year.
54 April 28, 1998
Mayor Carollo: Is there a motion?
Vice Chairman Plummer: Ah, you know, we have got to fish or cut bait, right?
Mayor Carollo: That's correct.
Vice Chairman Plummer: Mr. Mayor, I don't think there is any question where I stand. Do I
like it? Absolutely, not. I am also a homeowner. I think it's very significant that we didn't hear
today, at least, I don't think we heard today from a single, single-family homeowner. Everyone
we heard from was in fact, apartment house owners. Mr. Mayor, I have made my points before.
I will make them again. And that is, is that at no time will this fee increase more than forty-eight
dollars ($48) per on an annual basis. That in fact, will be a five-year fee. It will sunset at the
end of the fifth year. Well, let me... let me go back, because now... Yeah, let me go back in as...
At no time will the fee double the chart that is presently on the board representing six months.
Let me... maybe that might clear it up so that it won't be misleading in the future. I really don't
know anything else. So... Well, you can say a voluntary letter. I am, you know, to the people
who are tax exempt and especially those people who are tax exempt and are profit making. You
know, that's always in my craw. I don't know of anything else to include in that. And that
would be my motion, Mr. Mayor.
Mayor Carollo: There is a motion. Is there a second?
Commissioner Teele: Second.
Mayor Carollo: Second by Commissioner Teele.
Commissioner Teele: Mr. Chairman. Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Teele: On the motion. I have a number of concerns about this. First, Mr.
Morales came up and spoke, the City Attorney has opined to Commissioner Regalado that there
is nothing the City can do. I would hope that the City Attorney and the Manager and the Mayor
will take under advisement creative options. I don't think that we should turn the City, the
poor... the poor apartment dwellers in this City over to any unscrupulous landowner, if there are
any out there. The notion that rents will be raised, I will never support. I will never support rent
freezes and those kinds of governmental intrusion in the marketplace. But I will say this, I think
the government does have a role in protecting its citizens. I am reminded of Walter Darling,
maybe a name that some of you may have heard, an aggressive consumer advocate in a more
enlightened era of Dade County where the County and the City and others really worked to
protect people. And I don't accept for one moment the ruling that there is nothing the City can
do. We can use CDBG (Community Development Block Grant) funds if we choose to, to fund a
consumer protection office. We can work with Legal Services. There are a lot of things that we
can do. We can put an attorney on the City payroll to do nothing but protect people that live in
public housing. And I would hope that if this begins to get out of control. If we have more
people like Mr. Morales to come before us and say that his rent was being raised by forty dollars
($40) a month because of this I would really hope, Mr. Mayor, that you would lead an effort to
enlighten this Commission and this City in ways that we really can protect the poor people that
persons so eloquently have spoken of. Mr. Clerk, I didn't get the name of the last gentleman
who spoke who said he had five houses, four of them in a row. But I really do think that those
kind...
Commissioner Regalado: Leo Bloom.
55 April 28, 1998
Mr. Foeman: Yes, Leo Bloom.
Commissioner Teele: Mr. Bloom. But I really do think that the spirit of Mr. Bloom should be
encouraged and really should not roll up our sleeves and say there is nothing we can do, Mr.
Attorney. Secondly, as it relates to the so-called "vacancy rate." It's a real problem, particularly
in the Northeast. And, J.L., you and I share a lot of Northeast. I am not sure if the railroad track
is the boundary or not, but again, I drove that area all this weekend.
Vice Chairman Plummer: It is.
Commissioner Teele: The vacancy rates are up. The neighborhood looks like garbage. And I
am waiting on the Manager, I have asked repeatedly, what are we going to do in the Northeast as
it relates to Little Haiti and the Northeast section? We have got City... the Miami Herald
reporting that police don't have any place to even write reports. Pictures of police officers
writing reports on the back seat of their vans. Trash is all over the place and I think this is a very
real problem and I think we need to try to form a partnership with the apartment owners and
really try to target areas particularly where we have apartment owners that are going to be
adversely impacted. In other words, I don't think this has to be a lose -lose, situation. And I
would really encourage the Manager and the NET Offices, particularly in the Northeast
quadrant... and the Northwest quadrant of the City to work through the NET office to improve
the overall aesthetics, the garbage et cetera with a view toward the vacancy rate. The motion
does not include what I have said is one of the real, I think, horrors of this ordinance, of this
resolution. And that is, disproportionately people that live in public housing, disproportionately
in the area of Overtown that I represent where people have large public housing, they are not
going to wind up paying. Now, the chart shows public housing at some figure. I need to be very
clear, Mr. Attorney, is public housing exempted or is public housing...?
Commissioner Hernandez: Exempt.
Commissioner Teele: Well, why does the chart reflect that number without it clearly being
indicated that it is exempted?
Mr. Lawson: Unfortunately, you have just one aspect of your resolution. If you go on to the
next page, you make a finding, you made a declaration. That was the instruction you gave staff
to fund the share of public housing out of other generally available funds. The eighty-six dollars
($86) is only shown for that purpose.
Commissioner Teele: I understand that and I appreciate that, because I want the public to
understand that I don't intend to mislead them on this issue, that public housing is exempt. I
believe that that is a mistake. I have asked the City Attorney's Office repeatedly, I am going to
ask them again, to engage outside counsel to work to resolve that contract which may be
voidable. We have agreed that the contract has no begin... no end dates on it. We have said,
we... by motion we have voted to instruct the City Attorney's Office to bring in outside counsel,
to give us a legal opinion. To date, that has not occurred. I will support this...
Vice Chairman Plummer: You better be listening. He's talking about outside counsel.
Commissioner Teele: I will support this, Mr. Manager, Mr. Attorney, Mr. Mayor. But with the
outstanding that next year which is three months from now, that I expect public housing to share
its burden. We had a discussion with public... with HUD (Department of Housing and Urban
Development). There is no reason why the federal government funds that come down as block
grants for public housing are not allocated for this purpose. And finally, Mr. Attorney, do you
understand the issue and...?
56 April 28, 1998
Mr. Vilarello: The issue was before me and I was trying to get briefed on it to be able to respond
to you right now Commissioner, but I will follow-up on the issue.
Commissioner Teele: Finally, in this regard, I specifically requested, there was a vote. It was
directed by a majority, a unanimous vote that at the time this ordinance would appear today, that
the recycling ordinance would come forward. As I have driven over this City, I don't have a
statistical yardstick but I dare say that 20 percent of the commercial accounts in the district that I
represent have recycling on them. And recycling is nothing but... Recycling is a large gray
market that we are creating, and this ordinance was supposed to have been on the agenda this
week. It's a part of the so called "Solid Waste" issue, and I am in agreement with a lot of the
apartment owners who talk about the problem of the garbage. The problem with the garbage is
not being clearly stated, Mr. Manager. And that is, is that we are picking something like four to
five millions dollars ($5,000,000) of illegal garbage a year. When people come and discuss this
issue with us, they assume that the homeowner is not fair... paying his or her fair share. They
probably are not and we have committed to move toward higher garbage rates and we have done
that.
Commissioner Gort: We did that.
Commissioner Teele: But I do think, and we did that two weeks ago. But I do think that it is
important that we quantify what the illegal garbage is and that we really try to bring the Solid
Waste from the commercial, the recycling and the residential as well as the various impact fees
to a 100 percent so that there is no argument that apartment owners are paying for Solid Waste.
And it's with that understanding, Mr. Manager, that in September when we take this issue up, I
am really going to be looking closely to ensure that the garbage department or the Solid Waste
Department with all of its sources of funds, and I just cannot understand why your office, and I
specifically asked Mr. Pinon to host a workshop and to make sure that that was here. We are
seeing literally hundreds of thousands of dollars being diverted under the name "recycling." And
recyclers... A recycling commercial bin looks just like a regular commercial bin. And recycle...
The difference is, a recycler doesn't pay the 20 percent. And I am telling you, there are
apartment houses one right beside the other where you have got companies out there, in addition,
you have got companies that don't even have a registration with the City all over the place. So I
mean, I think we ought to listen to the citizens in this regard, and I really do think that there is a
lot of improvement that we can make as we come forth. Because I will not support this kind of
approach if we don't address what the citizens are talking about on the Solid Waste side in the
upcoming appropriations.
Mr. Joseph Pinon (Assistant City Manager): Assistant City Manager, Joe Pinon for the record.
In response to your directive. I did have a meeting with the representatives of the garbage
haulers who were involved in recycling. And a lot of the remarks and the questions that were
raised. They claim that according to State Statute, we cannot regulate recycling. We can't even
do the permitting on the recycling and I have asked for that legislation to be forwarded to me.
Subsequent to that meeting which was held last Tuesday, I had another meeting on Thursday
with one their leading experts in the area, nationally, and in fact, I am meeting with her
tomorrow, again to go over that legislation which according to her prohibits us from going any
further. And I thought that was your directive for me to meet with them, get an assessment and
then come back to you with that legislation. And the City Attorney is involved in this as well.
Commissioner Teele: The only that I can tell you, Mister... Mr. Pinon, Mr. Manager and Mr.
Mayor, Commissioners. I would encourage each Commissioner to look at the garbage bins in
your district. You will be surprised. You will be shocked. In some ways you will be horrified at
what's going on. Everything that says recycling on it means they are not paying anything. And
in Northeast and Little Haiti and especially over in Commissioner Plummer's district, almost 50
57 April 28, 1998
percent of the apartment owners have recycling... have garbage companies that have recycling on
the side of them, that says, we are recycling. And I am sure there is some legitimate recycling
going on, but I really think we need to look at this. And in addition, you have all sorts of
companies that don't even have licenses to do business in the City.
Vice Chairman Plummer: They are at Broward County. I would also like to ask you, Mr. Pinon
when you are dealing with these companies, is there anyway that we can prohibit them from
having them in the front, almost like a sign in the front of the their business... these apartment
houses? They look like hell. The problem that I see in most of them, is they are not using
adequate sized bins and the stuff is just... people are throwing it, and it's all going on the ground
because the bin won't hold anymore. And they're not giving any oversized or any bigger bins.
Is there any way we can make it where they have to hide the thing? I know... Many people do.
Mr. Pinon: Absolutely. But there are a lot of buildings that don't have the room to do that.
Vice Chairman Plummer: Yeah, because I mean, the bins are horrible looking. Sure, they paint
them green, you know, I mean, it doesn't look like a tree, I don't care what you do. But, you
know, the fact is, is that if they are three or four times in a row been found to have overflowing
garbage and going on to the street, isn't there something we can force them to do to use a bigger
bin?
Mr. Pinon: We are in process right now of getting more inspectors, as you know, we are lacking
in that area. And we should be on board with quite a few in the next month. Thank you.
Commissioner Regalado: Mr. Mayor, just very briefly. Coming back to my concern, and
Commissioner Teele's statement regarding that we should try to do something. I remember
many years ago that I refer at least three or four cases of rent abusers or problems in apartments
to Walter Dowland. [phonetic] Walter had an office in the County and he would sent letters and
send even... he had the power to send inspectors in terms of upkeeping of the buildings and the
rent control issue. There was no rent control at that time, nor we want to impose that in Miami,
but at least, we should have some tools to work with the people who feels that they are not being
represented as tenants or I would ask again, the City Attorney to look into the possibility of
trying to do something. And if we have some possibility that we could use, maybe some funds
from the fire fee to function in that direction, I would really like to pursue that. So...
Vice Chairman Plummer: One question, if I may? One other thing that I want to make sure and
I am going to reiterate. Is that all of the money derived from the source of this fee will go for
capital improvements in either equipment, in the stations, in some way, as he spoke about the
new oxygen tanks that are needed and things of that nature is the kind of thing that I am looking
at. The new thing that has come on line and I am very disappointed, we haven't had the money
to buy it where they have a thing now cost twenty-five thousand dollars ($25,000) each where
they can see through the smoke and find people that are inside of a building. These are the kind
of things that I am going to be looking for from these fees.
Commissioner Teele: Commissioner, would you yield on the point?
Vice Chairman Plummer: Of course, sir.
Commissioner Teele: Does that include? I would hope that that includes capital improvements
of the stations themselves, as well.
Vice Chairman Plummer: Yes, sir. Without question.
Mayor Carollo: OK, any further statements?
58 April 28, 1998
Commissioner Gort: Just one statement. I want to make sure the administration is well aware of
it. When that comes back in September, I don't want to see it doubled; I would like to see it the
way it is. I think that was enough to make it.
Vice Chairman Plummer: Not to exceed.
Mayor Carollo: Hearing no further statement, could you call the roll on this one, Mr. Clerk?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-419
A RESOLUTION RELATING TO THE PROVISION OF FIRE RESCUE SERVICES,
FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA;
ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING FIRE RESCUE
ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY
OF MIAMI; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; 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 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: Commissioner Humberto Hernandez
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
10. APPROVE WITH CONDITIONS CONTINUING ENGAGEMENT OF
GOVERNMENT SERVICES GROUP / NABORS, GIBLIN & NICKERSON,
PA / DAVID M. GRIFFITH & ASSOCIATES, LTD. -- FOR CONSULTING
SERVICES -- FOR NON -AD VALOREM ASSESSMENT PROGRAM FOR
FUNDING FIRE RESCUE SERVICES -- ALLOCATE $95,000.00 FROM
SPECIAL REVENUE FUND.
Mayor Carollo: OK, we need to go back now to item CA-14.
Vice Chairman Plummer: Mr. Mayor, if I could? I would like to put that... Have you missed
your plane already? Have you already missed your plane?
Mr. Mark Lawson: No, sir, I have not.
59 April 28, 1998
Vice Chairman Plummer: What time does your plane leaving?
Mr. Lawson: I have to drive from here to Ft. Myers. I am at your disposal, and I would like to
explain that the... if you would give me a courtesy of two minutes.
Vice Chairman Plummer: Yeah, but we're into the lunch period. I just really want to know what
I am getting for ninety-five thousand dollars ($95,000,000). That's what... Mr. Mayor, if you...
I was wanting to delay it, but I...
Mayor Carollo: Yeah. What time does your plane leave from Ft. Myers?
Vice Chairman Plummer: He's got to drive to Ft. Myers. to catch it.
Mr. Lawson: I have to drive.
Mayor Carollo: You have to drive. Well, then...
Commissioner Teele: Mister... Mr. Mayor.
Vice Chairman Plummer: I'll tell you what, if it's agreeable to my colleagues. Pass it subject to
72 hours of objection. If it does not object, it's passed.
Mayor Carollo: I think that's fair.
Commissioner Gort: Move it.
Vice Chairman Plummer: Is that fair?
Mayor Carollo: It's fair.
Commissioner Teele: Yeah, Mayor, I think given the testimony today...
Mayor Carollo: Uh-huh.
Commissioner Teele: ... that people all came down and threatened litigation. The last thing I
want to do is send the man away...
Mayor Carollo: Yeah.
Commissioner Teele: ... feeling less than warm toward his client about this thing, so...
Vice Chairman Plummer: Well, he's warm, all right. I just want to know what we're getting. I
want to know if we are sued what we are going to have to do. Is that included in his fee? I need
to know all of those numbers, so if you will pass it and give me 72 hours...
Mayor Carollo: OK.
Vice Chairman Plummer: ... to look into it.
Mayor Carollo: OK, can you make the motion.
Vice Chairman Plummer: I move that the matter be approved subject to any Commissioner in 72
hours having objection would bring it back on the next agenda.
60 April 28, 1998
Mayor Carollo: Second by Commissioner Gort.
Commissioner Teele: Teele.
Commissioner Gort: Discussion.
Mayor Carollo: OK, second. Discussion.
Commissioner Gort: I would like to make sure that our City Attorney participate and look at the
case law before, the case law before and all this, and make sure he gets involved in it too.
Mayor Carollo: Yeah, within the 72-hour period that...
Mr. Alex Vilarello (City Attorney): Sure.
Mayor Carollo: ... that the motion addresses itself to. Can you call the roll, please.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-420
A RESOLUTION CONTINUING THE ENGAGEMENT OF GOVERNMENT
SERVICES GROUP, INC., NABORS, GIBLIN & NICKERSON, P.A., AND DAVID
M. GRIFFITH & ASSOCIATES, LTD., WITH RESPECT TO THE PROVISION OF
SPECIALIZED CONSULTING SERVICES FOR THE STRUCTURE,
DEVELOPMENT AND IMPLEMENTATION OF A NON AD -VALOREM
ASSESSMENT PROGRAM FOR THE FUNDING OF FIRE -RESCUE SERVICES;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $95,000,
FROM SPECIAL REVENUE FUND FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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: Commissioner Humberto Hernandez
ABSENT: None.
Vice Chairman Plummer: Joe, am I running the afternoon meeting, or are you going to run it?
Mayor Carollo: No.
Vice Chairman Plummer: Because if I am going to run it, I want to start it at two.
Commissioner Teele: What time are we coming back?
Vice Chairman Plummer: That's what I am just discussing now.
61 April 28, 1998
Mayor Carollo: That's tine. I basically want to be here for item seven.
Vice Chairman Plummer: OK.
Mayor Carollo: Up to seven or eighteen and then you...
Vice Chairman Plummer: OK, I just want... We have got a long agenda. That's what I would
like to do.
Mayor Carollo: Gentlemen, we'll be back at two.
Commissioner Hernandez: Two o'clock.
Mayor Carollo: We'll be back at two in the afternoon.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:25 P.M., AND RECONVENED AT 2:14 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION EXCEPT
COMMISSIONERS GORT AND TEELE FOUND TO BE
PRESENT.
Vice Chairman Plummer: I don't see... Deferred.
Mr. Jose Garcia -Pedrosa: No, sir.
Vice Chairman Plummer: Are any of the Planning and Zoning items going to be requested to be
deferred?
Mr. Garcia -Pedrosa: It's my understanding that there are some, yes, but...
Vice Chairman Plummer: Well, seeing as how I might be running this meeting, what are the
numbers of the items that want to be deferred? Do we know?
Ms. Lucia Dougherty: Eight.
Vice Chairman Plummer: Item number eight. Anything else?
Ms. Dougherty: Item number one, number seven, and number eight.
Vice Chairman Plummer: All of those to be deferred?
Ms. Dougherty: Item number one, seven -A, number seven-B, and number eight. And, then,
withdrawn...
Mr. Garcia -Pedrosa: Hold on. Hold on.
Vice Chairman Plummer: Wait, wait, wait.
Mr. Garcia -Pedrosa: Can we get who is deferring on this?
Vice Chairman Plummer: You have got to be kidding? What?
Mr. Garcia -Pedrosa: We are not deferring on this. Let's find out who is requesting this?
62 April 28, 1998
Vice Chairman Plummer: I am asking those that are going to be requesting to be deterred. I am
not saying they're deterred.
Mr. Garcia -Pedrosa: No, I know, but...
Vice Chairman Plummer: I am just trying to get an idea. Go again.
Ms. Dougherty: Item number one.
Vice Chairman Plummer: Item number one.
Ms. Dougherty: Item number seven -A, seven-B.
Vice Chairman Plummer: Seven -A as in Apple.
Ms. Dougherty: Seven-B.
Vice Chairman Plummer: Seven-B as in Boy.
Ms. Dougherty: And eight.
Vice Chairman Plummer: Number eight.
Ms. Dougherty: And then, withdrawn is items number nine and ten.
Vice Chairman Plummer: Who withdrew them, the applicant?
Ms. Dougherty: The appellant in that case.
Vice Chairman Plummer: Withdrawn is nine and ten.
Ms. Dougherty: Correct.
Vice Chairman Plummer: OK, that's it? You represent all of those people?
Ms. Dougherty: No, the appellant is opposing me, so...
Vice Chairman Plummer: What is your desire, sir?
Unidentified Speaker: I am associated with number eight. I am the appellant. I represent the
appellant in number eight, and probably an objector in seven-B.
Vice Chairman Plummer: OK, now nine and ten, Mr. City Attorney, the applicant has the right
to withdraw, correct?
Mr. Alex Vilarello: It's an appeal?
Ms. Dougherty: Yes.
Vice Chairman Plummer: Was it an appeal.
Ms. Dougherty: This was an appeal of the Special Exception that I secured and the appellant has
withdrawn it.
63 April 28, 1998
Vice Chairman Plummer: All right, so is anybody here on item nine or ten, that's PZ, the
Zoning agenda? You can go home, you just won?
Mr. Vilarello: No.
Vice Chairman Plummer: Right.
Mr. Vilarello: The appellant didn't... Well...
Mr. Garcia -Pedrosa: Well, the appeal is withdrawn.
Vice Chairman Plummer: If they've withdrawn it, there is nothing... no action to be taken. Ms.
Dougherty, the question is, are you withdrawing any on behalf of a client?
Ms. Dougherty: No, sir.
Vice Chairman Plummer: No. Does that answer that question?
Mr. Garcia -Pedrosa: Don't you represent 7-A and B?
Ms. Dougherty: I just said we are continuing those.
Vice Chairman Plummer: Oh, you're...
Ms. Dougherty: Seven -A and B.
Vice Chairman Plummer: Excuse me.
Mr. Garcia -Pedrosa: OK, OK.
Vice Chairman Plummer: Let's be clear. You're asking for them to be continued at such time as
we have a quorum?
Ms. Dougherty: That's correct.
Mr. Garcia -Pedrosa: OK, OK.
Ms. Dougherty: Seven -A, Seven-B and eight are all companion items. Mr. Hill is on the other
side. We are going to be meeting with him in-between now and the next meeting.
Mr. Garcia -Pedrosa: And what's the story with one, again?
Ms. Dougherty: One is being continued so that we can meet with our neighbors.
Vice Chairman Plummer: Requesting to be continued.
Mr. Garcia -Pedrosa: OK.
Ms. Dougherty: That's correct.
Mr. Garcia -Pedrosa: So, we don't have anything left.
Vice Chairman Plummer: Mr. City Attorney.
64 April 28, 1998
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: If I have the chance while I am waiting. The last Commission
meeting there was discussion in reference to Cable 9 about where we used to take and put
people's pictures and a background of people that were arrested for prostitution. The question
arose last night, when are we going to instigate that policy, again, and can, in fact, we do the
same with drug dealers?
Mr. Vilarello: I have looked at that...
Vice Chairman Plummer: Could you give me an answer, I...?
Mr. Vilarello: I can give you an answer...
Vice Chairman Plummer: No, we're not in Commission meeting, OK? So if you would,
research the issue and give me an answer at that next Commission meeting. The next one, Mr.
City Manager or Attorney, and Captain of the Police Department. I fought this battle once
before, this is in lieu of having to write memos. Mr. Manager, the ice cream trucks and the roach
coaches with their loud speakers and their noise are disrupting neighborhoods on ungodly hours.
Kids hear that ice cream truck at ten o'clock at night and want to run out in the middle of the
night, wake up and go buy ice cream. I think I know the answer, but since it was asked of me at
a meeting last night, was it possible that there was any way that the City Commission could in
fact, curb the disturbance and unnecessary problems in the neighborhoods? I think it's also a
safety item according to them. They are concerned that the kids are running out into the street
the make these buys and make these purchases. They're... they're are worried about in the
evening mostly, OK. I don't think I have anything else to bother you with. I'll find something.
Well, hey, you know, there is a Heat game at seven. We don't have but one Commissioner,
that's me here. Well, maybe if I change my deodorant, I don't know. You know what we ought
to do? Do we know if the TV cameras are up... are on? How do we know if they are on? The
little red light, right? Mr. Clerk are the TV cameras on?
Mr. Walter J. Foeman (City Clerk): I am not aware of that, Mister... Commissioner Plummer.
Vice Chairman Plummer: Are they working for a living? How do we know if they are on?
What did you say?
Mr. Foeman: We are going to check.
Vice Chairman Plummer: We need a monitor in here. You know at the County, they have got
them right there in front of their dais.
Unidentified Speaker: [inaudible]
Vice Chairman Plummer: Yeah, right on each... in front of each Commissioner. Are the
cameras on or not? They are not on. So should we fire them for not being here and ready to go
to work? They ran out of tape. What excuse are they giving you?
Mr. Foeman: Quorum. It's not a quorum.
Vice Chairman Plummer: Oh, they only turn it on when there is a quorum. Oh. The way things
are going we might not have any.
65 April 28, 1998
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
11. APPROVE WITH CONDITIONS MAJOR USE SPECIAL PERMIT FOR
PERFORMING ARTS CENTER OF GREATER MIAMI (CONCERT
HALLBALLET HOUSE -- LOCATION: 1300 AND 1301 BISCAYNE
BOULEVARD -- APPLICANT: KNIGHT RIDDER, INC & MIAMI-DADE
COUNTY.
---------- -----------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Mr. Johnson, as soon as I two other of these so-called elected
officials. I need to talk with you. -- No, that's a different story -- If somebody in my office
would bring me my Zoning book. They'll get it. No, somebody will bring it to me. Could be. I
want to know why they wear Rolex watches and never look at them. All right, we now have a
quorum. Mr. Johnson. "Oye, oye. Venga." Mr. Johnson, this is PZ-3. PZ-3 which is the
Performing Arts.
Commissioner Regalado: But...
Vice Chairman Plummer: I really...
Commissioner Regalado: Excuse me.
Vice Chairman Plummer: Excuse me?
Commissioner Regalado: Well...
Vice Chairman Plummer: He has to get out of here, and I am accommodating just this one item
for Zoning.
Mr. Bill Johnson: Thank you, Commissioner.
Vice Chairman Plummer: OK. Are you going to be brief"?
Mr. Johnson: Yes, sir. We will.
Vice Chairman Plummer: Very brief"?
Mr. Johnson: Very brief.
Vice Chairman Plummer: Proceed, sir.
Mr. Johnson: We are seeking approval.
Commissioner Regalado: PZ-3, you said?
Vice Chairman Plummer: I am sorry?
Mr. Johnson: PZ-3.
Vice Chairman Plummer: PZ-3.
66 April 28, 1998
Commissioner Regalado: OK.
Mr. Johnson: Thank you, Commissioner. I appreciate the opportunity to be with you this
afternoon. Bill Johnson, Senior Assistant to the County Manager. The item before you this
afternoon is an application for a MUSP, Major Use Special Permit...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Johnson: I do, yes. Again, Bill Johnson, Senior Assistant to the County Manager, Miami -
Dade County. We appreciate the opportunity to be with you this afternoon. We promise to be
brief. The item before you, PZ-3, is an item for a MUSP, Major Use Special Permit for the
Downtown Performing Arts project.
Vice Chairman Plummer: Do you have any problems with this? Do you have any problems
with it? Does Dena have any problems? Where is she?
Mr. Johnson: This is a catalytic project in the downtown area, located along Biscayne Boulevard
between 13th and 14th Streets. It is a two hundred and twenty-five million dollar
($225,000,000) investment of both public and private funds, and it's one of the largest projects
of its type in terms of a partnership between the public and private sector. With us this
afternoon...
Vice Chairman Plummer: Mr. Regalado, have you got any problems with this issue? You got
any questions?
Commissioner Regalado: No, I don't. I, I...
Vice Chairman Plummer: Is there anybody of the public that has any questions in reference to
this issue?
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Chairman Plummer: Oh, I should have known. Mister... Mister, eh... You have two
minutes, sir.
Mr. Manuel Gonzalez-Goenaga: I am Mr. Manuel Gonzalez-Goenaga. I am in total favor of the
Performing Arts Centers, and I hope that it is approved as soon as possible, with one condition.
Vice Chairman Plummer: And that is?
Mr. Gonzalez-Goenaga: That the first performance of... in the Performing Arts Centers is the
Miami and Dade County Commission meetings. Thank you.
Vice Chairman Plummer: Sir, I will recommend that highly when we go to Puerto Rico.
[AT THIS POINT, 2:15 P.M., COMMISSIONER TEELE ENTERED THE COMMISSION
CHAMBERS.]
Vice Chairman Plummer: Mr. Teele, we are on item three of the Performing Arts, something
that you are probably more familiar with than anybody.
Commissioner Teele: I would move.
67 April 28, 1998
Vice Chairman Plummer: And I ask you sir, if you have any questions relating to it.
Commissioner Teele: Move the item.
Commissioner Hernandez: Second.
Vice Chairman Plummer: There is a motion to... I am sorry, who has a problem? Clarify. The
business of Police and Fire. Clarify it. Well, we were going to defer the issue because they want
ten thousand dollars ($10,000) to put an antenna on top of their building. I figure, if we defer it
long enough, they'll eliminate that. What is the... What is the need of clarification on Police and
Fire, Captain?
Police Captain Longueira: Well, we just... I don't believe it's written anywhere, but it's our
understanding. But we wanted to get it on the record that the services will be provided by the
City of Miami.
Vice Chairman Plummer: Police and Fire?
Police Captain Longueira: Police and Fire services. OK
Vice Chairman Plummer: Mr. Johnson?
Mr. Johnson: The answer is, yes.
Vice Chairman Plummer: That's understood. And for the record...
Commissioner Regalado: But that's including off -duty, right?
Mr. Johnson: Where there is a need for, if you will, off -duty officers, the answer is, yes.
Commissioner Regalado: For the City of Miami Police Department?
Mr. Johnson: Yes, sir.
Police Captain Longueira: And Fire.
Commissioner Regalado: That will be your prime source?
Mr. Johnson: Similar to... Exactly what happened with the Miami Arena.
Commissioner Regalado: All right.
Vice Chairman Plummer: OK. Anybody else have any last minute problems? None? The
motion is made, call the roll.
68 April 28, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-421
A RESOLUTION WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE PERFORMING ARTS CENTER
PROJECT, TO BE LOCATED AT APPROXIMATELY 1300 AND 1301 BISCAYNE
BOULEVARD, MIAMI, FLORIDA; TO BE COMPRISED OF A CONCERT HALL OF
APPROXIMATELY 166,000 SQUARE FEET WITH 2,1 94 SEATS, AN
OPERA/BALLET HOUSE OF APPROXIMATELY 250,000 SQUARE FEET WITH
2,401 SEATS AND ACCESSORY COMMERCIAL SPACE; DIRECTING
TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT
AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Vice Chairman Plummer: Yes, sir. Congratulations. Go away and sin no more.
Mr. Johnson: Thank you, very much. I just want to introduce Cesar Pelle [phonetic]. This is
Cesar Pelle, the architect of this well-known building.
Vice Chairman Plummer: Good. When do you expect ground breaking, and when do you
expect the door to be opened?
Unidentified Speaker: Let me see.
Mr. Johnson: We will break ground one year from now, May of 1999. We will open in the
summer of 2002 for a gala in the fall of 2002.
Vice Chairman Plummer: Thank you, sir.
Mr. Johnson: Thank you, very much.
69 April 28, 1998
----------------------------------------------------------------------------------------------------------------
12. GENERAL COMMENTS TO TABLE TO LATER IN SESSION AGENDA
ITEM 3 (RATIFY SOLE SOURCE FINDING FOR PURCHASE OF
MOTOROLA PORTABLE RADIOS WITH SMARTNET SOFTWARE) -- SEE
LABEL 14.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: We will now revert back to... As you will exit, everything quietly
please. We will revert back to item three of the regular agenda. Item three of the regular
agenda.
Mr. Jose Garcia -Pedrosa (City Manager): Commissioner, this is a resolution which needs four -
fifths vote confirming a Sole Source..
Vice Chairman Plummer: We'll now go to item four, because I have got a problem with it. I
have a problem with Motorola.
Commissioner Hernandez: Then, why did you call it?
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
13. DENY REQUEST FROM COCONUT PRODUCTIONS FOR NEW YEARS'
EVE PART AT PEACOCK AND MYERS PARK -- SEE LABEL 5.
Vice Chairman Plummer: Item four. Are the people here for item four, the New Year's Eve
party?
Mr. Jose Garcia -Pedrosa (City Manager): Mister...
Vice Chairman Plummer: For the record, if you would, state your name, mailing address and
you have two minutes?
Ms. Margaret Ortiz: Good afternoon. My name is Margaret Ortiz representing IOC and
Coconut Productions for this. 3911 Southwest 49th Avenue, Suite 911, Ft. Lauderdale, 33314
Vice Chairman Plummer: This is the applicant.
Ms. Ortiz: Yes, we're the applicant.
Vice Chairman Plummer: Go ahead. You have two minutes, ma'am.
Ms. Ortiz: We became... came before the Commission at the last meeting to obtain waivers
concerning the Coconut Grove Special Events District.
Vice Chairman Plummer: Well, hold on, excuse. I asked and I will again ask that you try to exit
quietly. And I thank you. Go ahead.
70 April 28, 1998
Ms. Ortiz: These waivers included a relaxation of the noise abatement until 1:00 a.m. A
relaxation of pyrotechnics for 12:00 a.m., and also a relaxation for the waiver of consecutive
events for the Coconut Grove Special Events district, and that's what we're here for today.
Vice Chairman Plummer: All right, just for the record. Mr. City Attorney, I don't know that this
is... but I have got to put it on the record. The Festival Committee had originally approved this
item. Mr. Ted Small... Stahl who is the chairman came to my office this morning and said that
they had once again met, and had withdrawn their approval predicated on the fact that there was
no plans surrendered as to what was going to happen. Now, you advise me as to what is the
name of the game. Mr. Attorney or Mr. Manager.
Mr. Alex Vilarello: The Coconut Grove Standing Festival Committee is a recommending body
only. So, this Commission can establish whatever it would like consistent with the Manager's
policy as to this festival.
Vice Chairman Plummer: OK. And, hello? Is there anyone else wishing to discuss item four?
Is there a motion on item four?
Mr. Jose Garcia -Pedrosa (City Manager): Let us be heard on this, if we may, Mr. Plummer?
Vice Chairman Plummer: You would, please be... I asked if anybody else wanted to be heard?
Mr. Frank Castaneda (Community Development Coordinator/NET (Neighborhood Enhancement
Team): Frank Castaneda. We did have the meeting on April the 22nd. The board after hearing
from the business sector...
Vice Chairman Plummer: We're on item four.
Vice Chairman Plummer: ... was opposed to the meeting, for events to take place because they
felt that the Grove is topped out on December 31st. That businesses cannot do any more
business on that particular day and you'll be attracting, you know, 15,000 more people to the
Grove. There will not be parking for them, and so forth. And they just feel it's a bad day for
them to have that event.
Vice Chairman Plummer: All right, and I also just for the... for the... I don't know, I got all the
calls. I also received a call from a representative of the Coconut Grove Sailing Club who said
that they were not necessarily in objection, but they did have activities and that that in no way
should they excluded from visible or regular access to their property. The other question,
Captain, we had a problem with the availability of police New Year's eve. They're thin anyhow.
Chief would you like to comment?
Police Chief Warshaw: Yeah, the problem Commissioner on New Year's eve, of course is
number one, it's the night of the parade. Number two, there are other events downtown and
historically...
Vice Chairman Plummer: Everywhere.
Police Chief Warshaw: ... and historically we have had to draft officers for these events. So, if
this event were to be scheduled, it would be conceivable that on New Year's eve, we would have
to have, yet, another draft for this event which basically makes the staffing almost at its
saturation point, or beyond. It will be very difficult for us on New Year's.
Vice Chairman Plummer: Thank you, chief. Anyone else? Hello? Is there a motion?
71 April 28, 1998
Commissioner Gort: [inaudible -- off microphone]
Vice Chairman Plummer: I'm not supposed to be making a motion while I'm chairing.
Commissioner Gort: OK. My understanding is, and unfortunately because of the calls that I
received from the Grove and business people within the area, they all... seems that they don't
want to have this. For those reasons I'll vote against... Move to deny.
Vice Chairman Plummer: Motion to deny. Is there a second?
Commissioner Teele: Who made the motion?
Vice Chairman Plummer: Gort.
Commissioner Teele: Who put it on the agenda?
Vice Chairman Plummer: Request of the applicant.
Mr. Garcia -Pedrosa: It's a personal appearance at the request of the applicant.
Vice Chairman Plummer: Personal appearance.
Commissioner Gort: It was a personal appearance that was deferred from last...
Commissioner Teele: Second the motion of Commissioner Gort.
Vice Chairman Plummer: OK, any further discussion? Call the roll. The motion has been
denied.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-422
A MOTION TO DENY REQUEST OF COCONUT PRODUCTIONS TO HAVE A
NEW YEARS'S EVE PARTY IN PEACOCK AND MYERS PARKS.
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: None.
ABSENT: None.
72 April 28, 1998
----------------------------------------------------------------------------------------------------------------
14. RATIFY / APPROVE / CONFIRM FINDING OF SOLE SOURCE FOR
PURCHASE OF MOTOROLA PORTABLE RADIOS WITH SMARTNET
SOFTWARE -- ALLOCATE $45,000.00 FROM ACCOUNT CODE
799211.452264.6.940. -- SEE LABEL 12 -- FURTHER COMMENTS
REGARDING NEED TO FIND OTHER VENDORS FOR SIMILAR FUTURE
PURCHASES.
----------------------------------------------------------------------------------------------------------------
Ms. Lucia Dougherty: Mr. Chairman. Mr. Chairman.
Vice Chairman Plummer: Item number number... I am sorry.
Ms. Dougherty: I am going to have the pleasure of being with you all day, but there are certain
people who are in opposition to items number one and items number 7-A, B, and eight, which I
indicated earlier we would like to continuance on. And therefore, they would like to leave if you
would entertain those continuances now. That's PZ...
Vice Chairman Plummer: Well, after 21 more items, we might get to it.
Ms. Dougherty: It's not for me.
Vice Chairman Plummer: Item number three.
Mr. Jose Garcia -Pedrosa (City Manager): Mr. Vice Chairman, item three is a resolution...
[phonetic]
Vice Chairman Plummer: Item number three is Motorola which requires four -fifths vote.
Commissioner Hernandez: I move it.
Vice Chairman Plummer: A motion is made by Hernandez, seconded by Teele. Under
discussion. Mr. Manager...
Commissioner Gort: Under...
Vice Chairman Plummer: Go ahead.
Commissioner Gort: Yeah. Under discussion. My understanding is when we first started, I
guess this is one of those equipments that we have to stay with the provider from the beginning.
But one of things that we're requesting where we have a lot of the Zoning items -- I mean,
Zoning items -- a lot of the computer items coming in front of us, I wanted to make sure that
whatever equipment we buy that it's something that we can go into the open market and not be
attached to any one particular sales... manufacturer.
Mr. Garcia -Pedrosa: Well, this is a...
Commissioner Gort: Well, I understand. I read it. The radios.
Mr. Garcia -Pedrosa: You mean, in the future when we buy radio systems. Hopefully, we'll
make so that this...
73 April 28, 1998
Vice Chairman Plummer: Well, you see, that's the problem, Mr. Manager, you are not able to
get out of the system because you're into a Sole Source of these people.
Mr. Garcia -Pedrosa: That's right.
Vice Chairman Plummer: OK. I want to tell you, Motorola is not the company it used to be.
Motorola is laying off people. They have just closed a factory. They have closed a beeper
factory. They are closing factories and depleting because they are not producing. It concerns me
that a company that has had the reputation of Motorola is not doing well. I don't want my City
to suffer because Motorola is not doing well. I think we need to look at the future, especially in
this particular case, there is no reason that these people at the NET Offices (Neighborhood
Enhancement Team) have to be tied in to the Smart System. Just as we did with the special
events radio. We had 25 of them for special events that we used at the Marine Stadium and the
Orange Bowl. They are not part of the Smart System. The idea of it is, is that you're locking it
in further and further. And you know what happens, they've got you price -wise, because you
can't go anywhere else.
Mr. Garcia -Pedrosa: Let me ask Mr. Pascual...
Vice Chairman Plummer: Sure.
Mr. Garcia -Pedrosa: ... if I may, to address the issue?
Mr. Juan Pascual (Director/General Services Administration Department): Sure. Juan Pascual,
GSA (General Service Administration). The Smartnet Software is a system that basically
operates our complete communication system currently. In order for these inspectors to be on
line in our local governmental channels as well as to be able to communicate, either with the
emergency channel to the dispatcher or to other departments, we have to have radios that have
Smartnet. And Smartnet is proprietary of Motorola, therefore, it has to be a Sole Source
purchase.
Vice Chairman Plummer: How many channels are these?
Mr. Pascual: NET has one channel.
Vice Chairman Plummer: How many of these radios have?
Mr. Pascual: These radios will have the capability of functioning on 14 different channels. This
is the...
Vice Chairman Plummer: Fourteen?
Mr. Pascual: This is the bottom tier radio which is for about thirteen hundred dollars ($1,300)
and it will be able to give us access to all the local government.
Vice Chairman Plummer: If you were spending your money, you wouldn't buy 14-channel
radios. But you're not spending your money, OK? Hey, there is a motion made, duly seconded.
I have made my comments on the record. I personally think that we should be looking elsewhere
trying to save money, but that's it. Call the roll.
74 April 28, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-423
A RESOLUTION BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF SOLE SOURCE, FOR THE PROVISION OF XTS 3000, MTS 2000, AND LTS
2000 PORTABLE RADIOS WITH SMARTNET SOFTWARE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
APPROVING THE INITIAL PURCHASE OF THIRTY-NINE (3) LTS 2000
PORTABLE RADIOS WITH SMARTNET SOFTWARE FROM MOTOROLA, INC;
THE SOLE SOURCE PROVIDER, AT A TOTAL COST NOT TO EXCEED $45,000;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
799211.452264.6. 940.
(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.
----------------------------------------------------------------------------------------------------------------
15. APPROVE EMERGENCY ORDINANCE: ESTABLISH SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN 1998 SPECIAL REVENUE FUND --
APPROPRIATE $471„000. GRANT FUNDS THROUGH STATE
DEPARTMENT OF EDUCATION.
Vice Chairman Plummer: Item five. Summer Food Program.
Commissioner Hernandez: Move it.
Vice Chairman Plummer: It's moved by Hernandez, seconded by...
Commissioner Regalado: Second.
Vice Chairman Plummer: ... Regalado. It is an ordinance. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
75 April 28, 1998
Vice Chairman Plummer: Motion understood? Call the roll.
Commissioner Teele: Who made the motion on this?
Mr. Walter J. Foeman (City Clerk): Commissioner Hernandez.
Commissioner Hernandez: Yes.
Vice Chairman Plummer: Yes, item six. Summer Youth Program.
Mr. Foeman: Second roll call. Excuse me.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN -
1998" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN
THE ESTIMATED AMOUNT OF $471,000, CONSISTING OF A GRANT FROM
THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE
FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Hernandez 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.
76 April 28, 1998
Whereupon the Commission on motion of Commissioner Hernandez 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. 11646.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
16. AUTHORIZE MIAMI-DADE COUNTY TO ACCEPT BID FOR CITY -- FOR
VENDORS TO PROVIDE UNITED STATES DEPARTMENT OF
AGRICULTURE (USDA) APPROVED MEALS TO CHILDREN UNDER
CITY'S SUMMER FOOD SERVICE PROGRAM 1998.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item six is a resolution for food for the Summer Youth Program.
Motion made by Hernandez.
Commissioner Gort: Second.
Vice Chairman Plummer: Second by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? None. Show unanimous.
77 April 28, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-424
A RESOLUTION AUTHORIZING MIAMI-DADE COUNTY ON BEHALF OF THE
CITY OF MIAMI TO ADVERTISE FOR, EVALUATE, AND ACCEPT THE BID(S),
OF A VENDOR OR VENDORS TO PROVIDE UNITED STATES DEPARTMENT OF
AGRICULTURE ("USDA") APPROVED MEALS TO ELIGIBLE CHILDREN FOR
THE CITY'S SUMMER FOOD SERVICE PROGRAM 1998; FURTHER
AUTHORIZING MIAMI-DADE COUNTY TO ENTER INTO THE NECESSARY
CONTRACT(S) WITH THE SUCCESSFUL BIDDERS) FOR SAID PURPOSE; AND
DIRECTING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE THE NECESSARY PURCHASE ORDER(S), SAID
AUTHORIZATIONS BEING SUBJECT TO AND CONDITIONED UPON THE CITY
OF MIAMI'S ACCEPTANCE OF A GRANT IN THE ESTIMATED AMOUNT OF
$471,000 FROM USDA THROUGH THE FLORIDA DEPARTMENT OF
EDUCATION AND UPON APPROPRIATION OF SAID FUNDS FOR THE 1998
CITY'S SUMMER FOOD SERVICE PROGRAM.
(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.
----------------------------------------------------------------------------------------------------------------
17. TABLE TO LATER IN SESSION CONSIDERATION OF AGENDA ITEM 7
(EMERGENCY ORDINANCE: AMEND SECTIONS 1, 3, 5 OF ANNUAL
APPROPRIATIONS ORDINANCE -- FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1998 -- FOR BUDGETARY ADJUSTMENTS PURPOSES) --
SEE LABEL 41.
Vice Chairman Plummer: Item seven. The Mayor had asked, he wanted to be here, I think for
item seven. So, we'll bypass that until he has the time to be here. Item eight, the litter bins.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: When you... When you come back to item seven...
78 April 28, 1998
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: ... could I get a copy of the ordinance relating to the utility service tax
special revenue fund, please?
Vice Chairman Plummer: Mr. Manager.
Commissioner Teele: If someone could just pass it to me let me read it.
Vice Chairman Plummer: He will.
Mr. Jose Garcia -Pedrosa (City Manager): We have as a pocket item..
Vice Chairman Plummer: All right, sir.
Commissioner Teele: No, no.
Vice Chairman Plummer: Don't go into it. Just give him what he asked for. We'll go into it
later.
Commissioner Teele: I just would like to see the underlying authorizations, not the pocket item.
I have that. But, I need to understand the legislation that creates this fund and what it used.
Where the funds revenues come from and all of that. Uses. Please?
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
18. APPROVE FIRST READING ORDINANCE: AMEND CHAPTER 54,
ARTICLE 1, SECTION 54-8 OF CODE: USING STREET OR SIDEWALK
FOR ADVERTISING -- ALLOW INSTALLATION OF LITTER BINS ON
PUBLIC PROPERTY -- FURTHER COMMENTS ON USING STREET OR
SIDEWALK ADVERTISING IN LITTER BINS AS WELL AS NEWSPAPER
RACKS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: OK, item eight, litter bins.
Commissioner Gort: No, no, no. I have got a question.
Vice Chairman Plummer: You've got a... Ask your question. Ask you question.
Commissioner Hernandez: Item eight.
Vice Chairman Plummer: Huh?
Commissioner Gort: Item eight.
Vice Chairman Plummer: That's what I said. Item eight.
Commissioner Gort: My understanding is, we are going to work very closely with individuals to
make sure that we get them in the right places, like the areas of the Northwest, like 17th Avenue,
12th, 2nd Avenue and that type of...? Am I correct? OK.
79 April 28, 1998
Mr. Garcia -Pedrosa: You asked that we discuss the locations and my suggestion would be,
Commissioner Gort, that for the second meeting we come back to you with a list of locations that
we can work with Mr. Cortina, and I also want to chat with them about the width of the cans.
Commissioner Gort: Make sure they don't block...
Vice Chairman Plummer: How many are you buying?
Commissioner Gort: Make sure they don't block anything else.
Vice Chairman Plummer: How many are you buying?
Mr. Garcia -Pedrosa: This is simply the amendment to permit the installation. This is not the
purchase.
Vice Chairman Plummer: OK.
Commissioner Regalado: So we need to approve the sites, right? I mean, not all the sites, but...
Commissioner Gort: Yeah, staff...
Mr. Garcia -Pedrosa: We need to come back with that among other things. But this is simply an
amendment to the ordinance that adds an exception for these liter bins so that they may be placed
on public property.
Vice Chairman Plummer: Item eight.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort, seconded by...
Commissioner Regalado: Second.
Vice Chairman Plummer: Moved by Gort seconded by...
Commissioner Regalado: Second.
Vice Chairman Plummer: ... Regalado. Any further discussion?
Commissioner Teele: Mr. Mayor, Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I am not going to support it. I don't really understand it, but I can tell you
this, with the amount of excess garbage in the City...
Vice Chairman Plummer: Would you like to defer?
Commissioner Teele: No, I don't want to defer it, but I want the Manager to consider this in
light of the so called "newspaper rack" ordinance. I mean, on one hand we're preparing to put
out liter bins and I just... I mean, I'm really trying to follow the logic of what we're talking
about. I mean...
80 April 28, 1998
Vice Chairman Plummer: That mean, you're going...
Commissioner Teele: To me newspaper rack ordinances, you know, that... the color, size,
description and all of that.
Vice Chairman Plummer: Oh, OK.
Commissioner Teele: And, then, right next to it, it's going to be a litter bin. I just think we
really ought to think this very carefully, and this could very well be... have some unintended
consequences. And, then, we're talking about advertising...
Vice Chairman Plummer: I am going to cry.
Commissioner Teele: ... on the side of them, and, yet, we want a Coral Gables looking City as it
relates to newspaper racks. So, I...
Vice Chairman Plummer: I am going to cry.
Commissioner Teele: I am just going to vote, no. But, I just don't see where we're going with
this.
Vice Chairman Plummer: OK, read the ordinance on item eight.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Motion understood.
Mr. Walter J. Foeman (City Clerk): Roll call. Commissioner Gort.
Commissioner Gort: Mr. Teele, I think you are right. And one of the reasons we deferred the
racks is because... for the industry to get together and I see some samples that are taking place in
Orlando where they can build a unit and they can all use their own little rack, but still be very
pretty. The thing about the... My understanding that when the presentation was made to me
about the sanitation's... these waste baskets, they are very nice looking, but at the same time they
are going to provide a service. They are going to pick up garbage and they are going to do it on
their own. In other words, that's a job they are going to take away from the City of Miami, so,
we should be able to save some money in our trash collections by putting the burden on those
individuals. So, they will be paying for that... This is the first reading, second reading reading.
I am sure we can come up with a lot of things. Yes.
Commissioner Hernandez: Yes.
Commissioner Teele: For first reading, yes.
Commissioner Regalado: Yes.
Vice Chairman Plummer: Yes.
81 April 28, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 54, ARTICLE 1, SECTION 54-8 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "USING
STREET OR SIDEWALK FOR ADVERTISING OR DISPLAY PURPOSES,
EXCEPTIONS; PERMIT AND FEE," THEREBY ADDING AN EXCEPTION TO
ALLOW THE INSTALLATION OF LITTER BINS FOR ADVERTISING OR
DISPLAY PURPOSES SUBJECT TO APPLICABLE RULES, REGULATIONS,
ORDINANCES AND STATUTES GOVERNING THE LOCATION, INSTALLATION
AND MAINTENANCE OF SUCH BINS; AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENTS FOR THE INSTALLATION AND MAINTENANCE
OF SUCH BINS SUBJECT TO THE APPROVAL OF THE CITY COMMISSION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner 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.
----------------------------------------------------------------------------------------------------------------
19. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1 (PROJECT FOR
MIAMI CHILDREN'S MUSEUM) TO COMMISSION MEETING OF MAY 26,
1998 AT 2 P.M. -- SEE LABEL 23B.
Vice Chairman Plummer: All right, let me deviate for a minute because we have someone that
maybe needs to get out of here. I am going to go and jump over now... Follow me, colleagues,
to the Zoning agenda. There has been a request to defer a number of items. The first one is item
PZ-1, the Miami Youth Museum. Is there anyone present who will object to it being deferred?
Is there anyone objecting to it being deferred? It would be rescheduled for May the 26th.
Commissioner Gort: Move it.
Commissioner Hernandez: Second.
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show unanimous; 2:00 p.m., time certain.
82 April 28, 1998
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-425
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1
(PROPOSED PROJECT OF THE MIAMI CHILDREN'S MUSEUM TO BE
LOCATED AT VIZCAYA METRORAIL STATION AT INTERSECTION OF S.W. 32
ROAD AND SOUTH DIXIE HIGHWAY (US-1) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR MAY 26, 1998 AT 5 P.M.
Note for the Record: The Commission later agreed to consider the above item at 2 p.m.
on May 26, 1998.
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.
----------------------------------------------------------------------------------------------------------------
20. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-7a (RELEASE
OF SANITARY SEWER COVENANT -- LOCATION: 2785, 2855, 2835
TIGERTAIL AVENUE) AND AGENDA ITEM 7b (ZONING COVENANT
MODIFICATION FOR PROPERTY AT 2785,2855, 2835 TIGERTAIL
AVENUE) TO COMMISSION MEETING OF MAY 26, 1998 NO EARLIER
THAN 4 P.M.
Vice Chairman Plummer: The next item is seven -A, under Zoning. It actually is seven -A and B.
Is there anyone here on seven -A or B who would object to this matter being deferred until May
the 26th at two... Well, I think this gentleman here might have a problem.
Commissioner Gort: No, this gentleman on the first item number one, he would like see because
there are some neighborhoods... some neighbors who would like to come up and a lot of people
are working. They would like to see it, rather than two o'clock, maybe at six o'clock.
Unidentified Speaker: At what time?
Vice Chairman Plummer: How about if we split the difference? How about five o'clock?
Unidentified Speaker: That will be all right.
Vice Chairman Plummer: All right?
Commissioner Gort: OK.
83 April 28, 1998
Vice Chairman Plummer: Make it a time certain of five o'clock on May the 26th. All right now
on item seven A and B of PZ agenda. Is there anyone here who has an objection that this is
continued until May the 26th? No earlier than 4 p.m.
Commissioner Hernandez: I move it.
Commissioner Gort: Second.
Vice Chairman Plummer: Moved and seconded. Is there any objection? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 98-426
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-7a
(PROPOSED RELEASE OF A SANITARY SEWER COVENANT WITH REGARD
TO INSTALLATION OF PRIVATE SANITARY FORCE MAIN AT 2785, 2855 AND
2835 TIGERTAIL AVENUE) AND AGENDA ITEM PZ-7b (PROPOSED
MODIFICATION OF ZONING COVENANT FOR PROPERTY AT 2785, 2855 AND
2835 TIGERTAIL AVENUE TO DELETE LANGUAGE AND PERMIT
DEVELOPMENT OF A LODGING HOUSE ON SAID PROPERTY) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 26, 1998 NO
EARLIER THAN 4 P.M.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Vice Chairman J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
21. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-8 (APPEAL
REGARDING PROPOSED LODGING HOUSE AT 2785, 2855, 2835
TIGERTAIL AVENUE) TO COMMISSION MEETING OF MAY 26, 1998 AT
4 P.M. OR LATER.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: And finally, is PZ-8. Is there anyone here on PZ-8 who would object
to this item being deferred until May the 26th at 4:00 p.m. or later. This refers to 2785, 35, and
55 Tigertail Avenue.
84 April 28, 1998
Commissioner Hernandez: Move it.
Commissioner Gort: Second.
Vice Chairman Plummer: Moved and second to defer. Is there anyone objecting?
Mr. Gary Held: Commissioner.
Vice Chairman Plummer: A motion... Sir. For the record state your name and mailing address.
Mr. Held: Gary Held with the firm of Milledge, Iden and Held, 2100 Ponce de Leon Boulevard.
Seven -A, and B and eight are companion items. On the 26th, I have an insulation dinner at six
o'clock. Is there anyway we...
Vice Chairman Plummer: You better be brief.
Mr. Held: I...
Vice Chairman Plummer: All right then, we'll schedule it then for sometime after two.
Mr. Held: OK.
Vice Chairman Plummer: I won't guarantee what time, but we'll make it... It can be as early as
two.
Mr. Held: Thank you.
Vice Chairman Plummer: If you will remind me on that day, we might be able to do it quickly
for you.
Mr. Held: Thank you very much.
Vice Chairman Plummer: OK, a motion made. All in favor of deferring eight, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it on that date.
Ms. Lucia Dougherty: Thank you.
85 April 28, 1998
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 98-427
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-8
(PROPOSED APPEAL OF ZONING BOARD DECISION REGARDING A
PROPOSED LODGING HOUSE AT 2785, 2835 AND 2855 TIGERTAIL AVENUE)
TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 26, 1998
AFTER 2 P.M.
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.
----------------------------------------------------------------------------------------------------------------
22. BRIEF COMMENTS REGARDING WITHDRAWAL BY APPLICANT OF PZ-
9 (APPEAL OF ZONING BOARD DECISION APPROVING SPECIAL
EXCEPTIONS TO PERMIT MARINA FOR RESIDENTIAL
DEVELOPMENT -- LOCATION: 1643 BRICKELL) AND PZ-10 (APPEAL OF
ZONING BOARD DECISION APPROVING VARIANCE TO PERMIT
SEPARATION OF DOCK -- LOCATION: 1643 BRICKELL AVENUE).
Vice Chairman Plummer: Now also for the agenda, is there anyone here on item PZ-9 or 10?
PZ-9 or 10? The applicant who is doing the appeal has withdrawn the appeal. Items PZ-9 and
10 are withdrawn.
END OF DISCUSSION -- NO ACTION TAKEN
86 April 28, 1998
----------------------------------------------------------------------------------------------------------------
23. (A) CONTINUE CONSIDERATION OF AGENDA ITEM PZ-11 (APPEAL
OF ZONING BOARD DECISION TO DENY VARIANCE TO
PERMIT SETBACKS -- LOCATION: 1520 S.W. 11 STREET TO
COMMISSION MEETING OF MAY 26, 1998, AFTER 2 PM.
(B) CHANGE HEARING TIME FOR AGENDA ITEM PZ-1 SCHEDULED
FOR MAY 26, 1998 FROM 5 PM TO 2 PM. -- SEE LABEL 19.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: We will now go back to the regular agenda.
Commissioner Hernandez: Commissioner, Commissioner.
Vice Chairman Plummer: We are on item nine of the regular agenda. It is...
Commissioner Hernandez: Commissioner.
Vice Chairman Plummer: I am sorry, Commissioner Hernandez.
Commissioner Hernandez: PZ-11. I am asking that PZ-11 be deferred.
Vice Chairman Plummer: Is the applicant here on PZ-11?
Commissioner Hernandez: The attorney for the applicant...
Vice Chairman Plummer: Is the applicant here or the attorney on PZ-11? That's the property of
1520 S.W. 11th Street, represented by Virgilio Perez.
Commissioner Hernandez: No, he's being represented by an attorney Anibal J. Duarte. He
asked me... He was...
Vice Chairman Plummer: Well, I am looking at what it says on the sheet here.
Commissioner Hernandez: He was the prior agent.
Vice Chairman Plummer: Is there one...? Is there anyone here in favor or in opposition of PZ-
11? It is your request it to be deferred?
Commissioner Hernandez: Yes, sir.
Vice Chairman Plummer: That is an honorable request. Is there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: Is there any further discussion? Sir, are you here, for what reason?
Commissioner Gort: PZ-1.
Mr. Luis Herrera: Yes, sir. By that time, the 26th, May 26th at five o'clock, the lawyer can't
show up. It got to be at two o'clock.
87 April 28, 1998
Vice Chairman Plummer: Sir, I will not guarantee two o'clock. We will schedule it for two
o'clock.
Mr. Herrera: Then, it is scheduled. [phonetic]
Vice Chairman Plummer: But not necessarily will be guarantee two o'clock, OK? We'll do the
best we can.
Mr. Herrera: Thank you.
Vice Chairman Plummer: All right, Item item 11, PZ-11 is up for continues to May the 26th
after 2:00 p.m. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition?
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 98-428
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-11
(PROPOSED APPEAL OF ZONING BOARD DECISION REGARDING SETBACKS
WAIVERS FOR PROPERTY AT 1520 S.W. 11 STREET) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MAY 16, 1998 AFTER 2 P.M.
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.
88 April 28, 1998
----------------------------------------------------------------------------------------------------------------
24. (A) APPROVE FIRST READING ORDINANCE: AMEND ORDINANCE
11332 -- INCREASE APPROPRIATIONS FOR GANG RESISTANCE
EDUCATION AND TRAINING SPECIAL REVENUE FUND BY
$85,000.00 GRANT.
(B) INSTRUCT CITY MANAGER TO SCHEDULE SHORT
PRESENTATION ON DOMESTIC VIOLENCE FOR MAY 12, 1998
COMMISSION MEETING.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: We will now go back to the regular agenda. I think. And we now are
on an ordinance for the great... grant. Is there a motion?
Commissioner Gort: What item, five?
Vice Chairman Plummer: Item nine.
Commissioner Regalado: Move it.
Commissioner Gort: Nine.
Vice Chairman Plummer: Is there a...?
Commissioner Hernandez: Second.
Vice Chairman Plummer: There is a second. Is there any question; anyone wishing to discuss
item nine? 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 ORDINANCE NO. 11332, ADOPTED JANUARY 25,
1996, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS
FOR A SPECIAL REVENUE FUND ENTITLED: "GANG RESISTANCE
EDUCATION AND TRAINING," BY INCREASING SAID APPROPRIATIONS, IN
THE AMOUNT OF $85,000, CONSISTING OF A GRANT FROM THE BUREAU OF
ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER
TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
89 April 28, 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.
Vice Chairman Plummer: Chief Warshaw.
Police Chief Warshaw: Yes, sir.
Vice Chairman Plummer: I would ask at the next City
someone here to give a three minute dissertation on what
thing of "Domestic Violence."
Police Chief Warshaw: OK.
Commissioner Hernandez: Yeah.
Commission meeting that you have
you are doing with this new, fantastic
Vice Chairman Plummer: I think the people of this community, and the only way they are going
to know what you have to offer in that area, is through this Cable 9, and I would ask you to have
someone here, at the next Commission meeting, Mr. City Manager, as a scheduled item, to make
a presentation on "Domestic Violence."
Police Chief Warshaw: I am smiling because I don't know if he can say it all in three minutes.
But, he'll be here.
Vice Chairman Plummer: OK.
25. NO ACTION TAKEN ON PROPOSED FIRST READING ORDINANCE TO
ESTABLISH PUBLIC TRUST FUND FOR CERTAIN SENIOR OFFICIALS
AND STAFF MEMBERS -- SEE LABEL 27.
Vice Chairman Plummer: Item ten.
Mr. Jose Garcia -Pedrosa (City Manager): This is a first reading of an ordinance permitting the
City, Assistant City Attorneys, the City... I am sorry, the City Attorney, the City Manager and
Special Assistants to the City Manager to participate in a public trust fund approved by the City
Commission and rejecting the membership in the GESE (General Employees and Sanitation
Employees) trust and also contributions to be made, 20 percent of the salaries on behalf of the
90 April 28, 1998
City, on behalf of the employees, with the employees right to continue with 80 percent of their
salaries over and above that.
Commissioner Teele: You're not in it, right? You don't want to be in it?
MR. Jose Garcia -Pedrosa: The Mayor asked me to clarify on the record that our recurring
salaries for personnel currently on board, the cost of this would be on an annual basis of sixty-
three thousand dollars ($63,000) and for the balance of the fiscal year, will be thirty-six thousand
seven hundred and fifty dollars ($36,750).
Vice Chairman Plummer: Is there a motion? Is there a motion? For the third and final time, is
there a motion?
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
26. FIRST READING ORDINANCE: ESTABLISH SOUTH FLORIDA URBAN
SEARCH AND RESCUE FL-TF2 SPECIAL REVENUE FUND -- FOR
DISBURSING FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDS
DUE CITY AS REIMBURSEMENTS.
Vice Chairman Plummer: Item 11. Special account for urban search and rescue.
Mr. Jose Garcia -Pedrosa (City Manager): This sets up a special revenue fund for...
Commissioner Gort: Move it.
Mr. Garcia -Pedrosa: ... the sole purpose of requesting task force...
Vice Chairman Plummer: It is moved by Commissioner Gort.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Hernandez. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Call the roll.
91 April 28, 1998
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"SOUTH FLORIDA URBAN SEARCH AND RESCUE FL-TF2" FOR THE PURPOSE
OF RECEIVING AND DISBURSING FUNDS TO BE PAID TO THE CITY BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY, ("FEMA") AND/OR THE
STATE OF FLORIDA ("STATE") AS REIMBURSEMENTS FOR ACTIVITIES
UNDERTAKEN BY THE CITY PURSUANT TO THE TERMS OF THE
MEMORANDUM OF AGREEMENT, ENTERED INTO BY AND BETWEEN THE
CITY, THE STATE AND FEMA, UNDER WHICH THE CITY RECRUITS, AND
SPONSORS AN URBAN SEARCH AND RESCUE TASK FORCE; AND
APPROPRIATING FUNDS THEREFOR, IN THE AMOUNT OF $1,032,154, FOR
THE OPERATION OF SAME; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner 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.
27. CONTINUE DISCUSSION -- RESCHEDULE FOR NEXT AGENDA FIRST
READING ORDINANCE TO ESTABLISH PUBLIC TRUST FUND FOR
CERTAIN SENIOR OFFICIALS AND STAFF MEMBERS --
COMMISSIONER TEELE REQUESTS BRIEFING FROM CITY MANAGER
ON SAID ITEM -- SEE LABEL 25.
Vice Chairman Plummer: Mr. City Attorney on item ten which refused to get a motion or a
second? Is that just a dead issue, or is to be available to be brought back at a later time?
Mr. Alejandro Vilarello (City Attorney): That can be brought back.
Vice Chairman Plummer: OK. Would you schedule it for the next agenda, Mr. City Manager?
Item 12. Proposed ordinance emergency funding for urban search.
Commissioner Teele: Mister... Mister Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: On number ten, I don't have a problem with it. My concern is, I thought
Commissioner Hernandez had negotiated a full package with the attorney.
92 April 28, 1998
Vice Chairman Plummer: Well, this will give us the opportunity to let him write a note on it.
Commissioner Teele: Well...
Commissioner Hernandez: I have already done that.
Commissioner Teele: And, I mean, we have gone through this thing about four times...
Vice Chairman Plummer: I'm trying to save you.
Commissioner Hernandez: Uh-huh.
Commissioner Teele: And, then, everybody wounds up defending what they did. The Herald
doesn't understand it. The media doesn't understand it. I would like to get a briefing.
Vice Chairman Plummer: Well, what I am saying is, is we do that between now and the next
Commission meeting and they can come and brief you and do a good job with the media.
Commissioner Teele: Commissioner, I only wanted to put on the record that my hesitancy is not
with the issue. It is to ensure that the issue is fully understood. And I need to understand why
Commissioner Hernandez and others...
Vice Chairman Plummer: OK.
Commissioner Teele: ... didn't do that when the City Attorney's contract is up.
Vice Chairman Plummer: OK. Mr. Manager, you will go around and make sure that everybody
is fully aware.
Mr. Garcia -Pedrosa: Yes, Commissioner.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
28. APPROVE FIRST READING ORDINANCE: AMEND SECTION 18-84 OF
CODE: EMERGENCY PURCHASES -- AUTHORIZE CITY MANAGER TO
EXPEND UP TO $150,000 FOR URBAN SEARCH AND RESCUE TASK
FORCE.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 12, Emergency... It has already been seconded, made and
seconded, I believe. Am I correct? Mr. Gort, you moved it...
Commissioner Gort: I moved it.
Vice Chairman Plummer: ... Regalado seconded it. All right, it is an ordinance, read the
ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
93 April 28, 1998
Vice Chairman Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 18-84 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "EMERGENCY PURCHASES,"
THEREBY AUTHORIZING THE CITY MANAGER TO EXPEND UP TO ONE
HUNDRED FIFTY THOUSAND DOLLARS ($150,000) FOR PURCHASES OF
GOODS AND/OR SERVICES REQUIRED PURSUANT TO AN ACTIVATION OF
THE URBAN SEARCH AND RESCUE TASK FORCE, PURSUANT TO THE TERMS
OF THE MEMORANDUM OF UNDERSTANDING, ENTERED INTO Y AND
BETWEEN THE CITY OF MIAMI, THE STATE OF FLORIDA, AND THE
FEDERAL EMERGENCY MANAGEMENT AGENCY, AND TO WAIVE
COMPETITIVE BIDDING METHODS IN CONNECTION WITH SUCH
PURCHASES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner 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.
----------------------------------------------------------------------------------------------------------------
29. APPROVE FIRST READING ORDINANCE: ESTABLISH MIAMI-DADE
COUNTY EMS (EMERGENCY MEDICAL SERVICES) GRANT AWARD (FY
'97-'98) SPECIAL REVENUE FUND.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Yes, item 13. A special revenue fund for the EMS (Emergency
Medical Services) grant.
Commissioner Gort: Move it.
Commissioner Hernandez: Move it. Second.
Vice Chairman Plummer: Moved by Hernandez, seconded by Gort. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Motion understood? Call the roll.
94 April 28, 1998
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI-DADE COUNT EMS GRANT AWARD (FY'97-98), AND
APPROPRIATING FUNDS FOR THE OPERATING OF SAME IN THE TOTAL
AMOUNT OF $148,902.00, CONSISTING OF A $129,902.00 GRANT
APPORTIONED BY MIAMI-DADE COUNTY FROM THE STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES: "GRANT
PROGRAM FOR COUNTIES," AND $19,000.00 IN CARRY-OVER FUND
BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
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.
30. APPROVE FIRST READING ORDINANCE: ESTABLISH INITIAL
RESOURCES FOR EAST LITTLE HAVANA MINORITY YOUTH
DIVERSION PROGRAM SPECIAL REVENUE FUND.
Vice Chairman Plummer: Item 14. East Little Havana Minority Youth Diversion Program.
Commissioner Gort: Move it.
Commissioner Hernandez: Move it.
Vice Chairman Plummer: Moved by Gort, seconded by...
Commissioner Hernandez: Hernandez.
Vice Chairman Plummer: Hernandez. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
95 April 28, 1998
Vice Chairman Plummer: Motion understood? Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING INITIAL RESOURCES AND
APPROPRIATIONS FOR A NEW SPECIAL REVENUE FUND ENTITLED: "EAST
LITTLE HAVANA MINORITY YOUTH DIVERSION PROGRAM," IN THE
AMOUNT OF $82,924.00, CONSISTING OF A GRANT, IN THE AMOUNT OF
$70,000.00, FROM THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE AND
AN IN -KIND SERVICES MATCH EQUAL TO $12,924.00, TO BE PROVIDED BY
THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENT(S),
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
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
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.
----------------------------------------------------------------------------------------------------------------
31. DIRECT CITY MANAGER TO SELL OR LEASE SURPLUS REAL
PROPERTIES WITH CONDITIONS.
Vice Chairman Plummer: Item 15. Declaration of surplus properties and authority to sell or
lease. Mr. Manager.
Mr. Jose Garcia -Pedrosa (City Manager): This is a list of properties which is in a schedule
attached to the materials in your book which we seem to have declared as surplus properties and
permit me to seek bids for their sale and negotiate agreements which agreements would have to
come back before for Commission approval.
Vice Chairman Plummer: Is there a motion?
Commissioner Regalado: Move it.
Commissioner Hernandez: Second.
96 April 28, 1998
Vice Chairman Plummer: Moved by Hernandez and seconded by Gort.
Commissioner Gort: No.
Vice Chairman Plummer: No.
Commissioner Gort: Moved by Regalado, seconded by Hernandez.
Vice Chairman Plummer: Moved by Regalado, seconded by... I mean, big deal. All right, all in
favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-429
A RESOLUTION WITH ATTACHMENT, DECLARING SURPLUS CERTAIN CITY -
OWNED PROPERTIES AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO SELL OR LEASE THE CITY -OWNED
REAL PROPERTIES DESCRIBED IN EXHIBIT "A" (THE "PROPERTIES");
FURTHER AUTHORIZING THE CITY MANAGER TO: (1) ESTABLISH THE
MINIMUM SALES PRICE FOR THE PROPERTIES TAKING INTO
CONSIDERATION THE APPRAISED VALUE OF THE PROPERTIES AS
ESTABLISHED BY THE RESULTS OF TWO INDEPENDENT APPRAISALS AND
THE ASSESSED VALUE OF THE PROPERTIES AS DETERMINED BY THE
COUNTY PROPERTY APPRAISER; (II) EMPLOY SUCH PROCEDURES AS MAY
BE REQUIRED BY THE CITY CHARTER OR CODE FOR PURPOSES OF
DISPOSING OF THE PROPERTIES; (II) ACCEPT RESPONSIVE AND
RESPONSIBLE BIDS; (IV) NEGOTIATE PURCHASE AND SALE AGREEMENTS
OR LEASE AGREEMENTS; AND PRESENT THE NEGOTIATED AGREEMENTS
TO THE CITY COMMISSION FOR FINAL APPROVAL.
(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.
97 April 28, 1998
----------------------------------------------------------------------------------------------------------------
32. ACCEPT PROPOSAL FROM PARSONS, BRINCKERHOFF, QUADE &
DOUGLAS, INC -- FOR ALLAPATTAH PRODUCE AREA
TRANSPORTATION STUDY -- ALLOCATE $15,000. FROM COMMUNITY
DEVELOPMENT BLOCK GRANT CONTINGENCY ACCOUNT 700022.
Vice Chairman Plummer: Sixteen. Allapattah Produce study.
Commissioner Gort: Move it.
Commissioner Hernandez: Second.
Vice Chairman Plummer: Moved by Gort. Oh, you acknowledged that one. Seconded by...
Commissioner Gort: It's long coming.
Vice Chairman Plummer: ... Hernandez. Anyone wishing to discuss item 16? Hearing none, all
in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-430
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO ACCEPT A PROPOSAL FROM PARSONS, BRINCKERHOFF,
QUADE & DOUGLAS, INC. TO PERFORM A TRANSPORTATION STUDY FOR
THE ALLAPATTAH PRODUCE AREA; AUTHORIZING THE CITY MANAGER TO
EXECUTE A NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR A FEE NOT TO EXCEED $15,000; AND, FURTHER
ALLOCATING AVAILABLE FUNDS THEREFOR FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS CONTINGENCY ACCOUNT, NO.
700022.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
98 April 28, 1998
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.
----------------------------------------------------------------------------------------------------------------
33. AWARD $1,210,831.00 HOPWA (HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS) GRANT FUNDS TO SERVICE PROVIDERS -- FOR
HOUSING ASSISTANCE AND RELATED SERVICES TO VERY LOW
INCOME PERSONS WITH HIV/AIDS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 17. A resolution awarding funding for the HOPWA (Housing
Opportunities for Persons with Aids)...
Commissioner Hernandez: Move it.
Vice Chairman Plummer: ... for the HOPWA program grant.
Commissioner Hernandez: Move it.
Commissioner Gort: Second. My understanding is...
Vice Chairman Plummer: Moved by Hernandez, seconded by Gort. Anyone wishing to discuss
item 17? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show none.
99 April 28, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-431
A RESOLUTION AWARDING FUNDING TO EIGHT (8) 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 AMOUNT OF $1,210,831.00 FROM THE FY 1997
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM
GRANT (ACCOUNT NO. 194005.590605.6860.94654); 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 PROGRAM.
(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
Vice Chairman J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
34. TABLE TO LATER IN SESSION APPROVING PERMITS FOR CALLE
OCHO EVENT -- SEE LABEL 36.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Eighteen. Approval of permits...
Commissioner Regalado: Move it.
Vice Chairman Plummer: ... for Calle Ocho Festival. Mr. Gort.
Commissioner Regalado: Move it.
Commissioner Gort: I have got a question on this one.
Vice Chairman Plummer: Second by Mr. Rega... Moved by Regalado...
Commissioner Gort: No, no.
Vice Chairman Plummer: ... seconded by...
100 April 28, 1998
Commissioner Gort: For discussion purposes.
Vice Chairman Plummer: Wait a minute, I haven't got a second.
Commissioner Teele: Second.
Vice Chairman Plummer: Second. Mr. Gort, for discussion.
Commissioner Gort: You know, I would like for staff to explain to me how many of these
programs go through the City without coming in front of the City Commission and why this is
going to be the only one? And I am going to pass around some of the documentations that shows
the thousand of dollars that this committee spends within the City of Miami building parks,
creating events for the different neighborhoods. We have built over three parks within the City
of Miami. We have created youth programs to help in the summer. We help Miami High. We
help a lot of the schools. I wanted to see, you know, why Calle Ocho is going to be the only one
that's going to request that.
Commissioner Regalado: Well, Commissioner Gort, it's because it impacts the lives of so many
people in the City of Miami. Merchants and residents. It brings 1,000,000 people to Little
Havana, and it is for this reason, because it impacts so many lives that I think that the
Commission deserve to meet face to face with the organizers and interact. And I think that we
can work many things. The other... The reason that I brought this is because in the past, Calle
Ocho Festival there were some complaints that at the last minute were resolved, and they had to
run from one place to another and the police had to get involved. And I think that it will be best
to do this in a very detailed way. I think that it will benefit the Kiwanis and it would give the
merchants and the people that will be impacted the opportunity to express, before the event, and
not during the event, the problems that they face. That's why I wanted to bring it to this
Commission.
Commissioner Gort: Commissioner, I'll be... And I don't want to be argumentative, but I have
been a member of the Kiwanis since the inception. I have been part of the Calle Ocho and
Carnival Miami from the inception, and I can tell you for the amount of events and the amount
of money and benefits that we bring to the City of Miami, the complaints that we had have been
few. For your information, except for the last two years... In November, we sent letters to all the
merchants that were going to be affected. In December, we walked the streets and we talked to
each merchant and told them about the benefits and the things that they can do. Then, we do that
once again in January, and I think in a way we're punishing someone for being very successful.
If we are going to do it with the Kiwanis, then, I would like to see it with every one of them.
Commissioner Regalado: I don't think that we are punishing...
Vice Chairman Plummer: Well, you know... Let me ask if I may? If I may?
Commissioner Regalado: Sure.
Vice Chairman Plummer: You know, there has got to be an area of compromise. Calle Ocho is
probably one of the best things that happen in this community. But merchants, yes, have to
make a living. And I think that there ought to be some way that a compromise can be worked
out. And, Mr. Manager, that's what you should be doing. And, you know, I don't want to
punish Calle Ocho. I don't want to punish the merchants. And there has got to be an area of
level playing ground as far as I am concerned, and I would hope that we could get them all
together and, and try to work out some kind of an agreement that could be...
Commissioner Gort: That's why we created that committee to get together and work with the
representatives from the merchants, representatives from the Kiwanis. At the same time, I want
101 April 28, 1998
you to understand, each merchant is visited by us and they can have, if they want to use the
space in front of their... they are welcomed to do it. All they have to pay is the insurance, that's
all. Not like the other outside vendors. So, the merchants get first right of refusal every year.
Vice Chairman Plummer: All right, Mr. Regalado, I interrupted you for which I am sorry, and if
you wish to continue saying anything, please do so.
Commissioner Regalado: No, no. I don't... I don't have any problem, on the contrary. I think
that Calle Ocho is, like you said, the best thing that happens to Miami, the Little Havana area.
And I just wanted, I think that since it impacts so many people, I wanted the opportunity for the
Commission to meet face to face with the organizers. For instance, I have... I have had a
question that nobody can answer and it is, why can't they not accommodate local talents in-
between the major international stars that they bring to Calle Ocho? I think...
Commissioner Gort: Well, I can answer that question. We hire all the local bands in here, and
we pay for it. We pay for all the services of the City of Miami. But when you have special
sponsors like Pepsi Cola, a national sponsor where you have got your Channel 23, 51, your own
radio station, they bring their own talent. They're the ones that selected talents they would like
to bring.
Commissioner Regalado: No, right. But, before and after...
Commissioner Gort: So, you know, it's... The Kiwanis does not have a say so on that.
Commissioner Regalado: No, Willy, but before and after the main act. I think that Calle Ocho
is a 12, almost 12-hour festival. And, you know, I don't have any problem. I don't... I am not
trying to get in the middle of this. I am just... believe that we really...
Commissioner Gort: Regalado, you got to... The committee is working very close. If you look
at the documentation that I passed on to you, you can see the benefit that it has brought to the
people in Calle Ocho. Not only the publicity that they receive, the revenue and so.
Vice Chairman Plummer: Mr. Manager, I would like to bring this to a conclusion. I would ask
you, Mr. Manager, to get all of the parties involved. To sit down in a friendly atmosphere and
try to come up with some kind of an area that's agreeable to everybody. I think, you know, it's
that important to this community, and we'll defer it until... I'll give you 30 days, is that enough?
OK.
Mr. Manuel Gonzalez-Goenaga: My input into this particular issue.
Vice Chairman Plummer: Sir, if you are speaking to the deferment, yes. If not, we'll see you in
30 days.
Mr. Gonzalez-Goenaga: Yes. So the Manager will also consider that it is my position as a
citizen of Miami that anything that uses public property that belongs to the citizens in any way,
shape or form, they should provide a financial statement of the profits that they make.
Vice Chairman Plummer: OK.
Mr. Gonzalez-Goenaga: To see if part of those profits...
Vice Chairman Plummer: You are only supposed to be talking to the deferment. If you are for
the deferment or against.
102 April 28, 1998
Mr. Gonzalez-Goenaga: Well, but he should consider that as a... And I am in favor of whatever.
Let me tell you, remember that we have a world record of the largest "Macarena" during Lent.
Thank you.
Vice Chairman Plummer: Thank God.
Vice Chairman Plummer: Item 19.
Commissioner Gort: It wasn't "Macarena", it was the "Conga."
Vice Chairman Plummer: Well, he don't know the difference. Don't... please?
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
35. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY
FINDING -- AUTHORIZE INCREASE IN AGREEMENT WITH DATA
STORAGE CENTERS -- FOR STORAGE OF INACTIVE RECORDS OF CITY
ATTORNEY'S OFFICE -- ALLOCATE $10,000.00 FROM ACCOUNT 231010-
250.
Vice Chairman Plummer: Agreement for the increase of agreement with the Data Storage
Centers. Moved by Gort. Seconded by Hernandez. It's a resolution. Anyone wishing to speak
on item 19, if not, all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed?
103 April 28, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-432
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AND IN
AUTHORIZING AN INCREASE IN THE AGREEMENT WITH DATA STORAGE
CENTERS, IN AN AMOUNT NOT TO EXCEED $10,000, FOR THE ACQUISITION
OF ADDITIONAL COMMERCIAL RECORDS MANAGEMENT AND SPACE FOR
THE STORAGE OF THE INACTIVE RECORDS OF THE CITY ATTORNEY'S
OFFICE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
231010-250 FOR SAID INCREASE.
(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.
------------------------------------------------------- --------------------------------------------------------
36. DEFER CONSIDERATION OF APPROVING PERMITS FOR CALLE OCHO
EVENT -- DIRECT CITY MANAGER TO RESEARCH MATTER AND
RETURN WITH RECOMMENDATIONS -- SEE LABEL 34.
Vice Chairman Plummer: On which one? On the deferment of the Calle Ocho. Moved by Gort,
seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All right.
104 April 28, 1998
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-433
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 18 (PROPOSED
APPROVAL OF ALL NECESSARY PERMITS PERTAINING TO "CALLE OCHO"
EVENT).
Upon being seconded by Commissioner Regalado, 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.
----------------------------------------------------------------------------------------------------------------
37. (A) TABLE TO LATER IN SESSION EXTENDING EMERGENCY
VALET PARKING IN COCONUT GROVE -- SEE LABEL 43.
(B) COMMENTS REGARDING NEED TO REGULATE PARKING FOR
MOTORCYCLES IN COCONUT GROVE.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 20, has already been deferred. Am I correct?
Mr. Jose Garcia -Pedrosa (City Manager): Yes, sir. At the request of the applicant.
Vice Chairman Plummer: All right, item 21 is a discussion item for valet parking for Coconut
Grove. Who brought this up? Mr. Regalado, this is your item.
Commissioner Regalado: Yes, I think that of the major problems that we have in the Grove, and
you know very well, Commissioner... Vice Chairman Plummer, is the parking. I have checked
on several cases of valet parking and it seems to be working very well. Now, I... I wish that this
can be extended, not until we have a final solution. But let me...
Mr. Joel E. Maxwell, Esq. (Deputy City Attorney): This is extending the ordinance.
Mr. Alejandro Vilarello, Esq. (City Manager): ... bring it back.
Vice Chairman Plummer: What is your recommendation?
Commissioner Regalado: To extend.
Vice Chairman Plummer: For how long?
Commissioner Regalado: Six months.
105 April 28, 1998
Mr. Maxwell: No, we need an emergency ordinance.
Vice Chairman Plummer: There is a motion made to extend the ordinance in relation to valet
parking for six months. Is there any opposition?
Commissioner Regalado: Mr. Vice Chairman, I just want to say something that I think that...
Vice Chairman Plummer: You might loose.
Commissioner Regalado: ... it's important because now that we have the Chief of Police here.
There are some information distributed in the Coconut Grove area, I think by the Police, that
starting on May the 1st, only one motorcycle will be allowed on a parking meter. In the past...
Vice Chairman Plummer: Can I? Can I enter...? Will you yield for a second?
Commissioner Regalado: Sure.
Vice Chairman Plummer: They brought that to me last night because it's part of my district.
Commissioner Regalado: Right, I was...
Vice Chairman Plummer: I have asked them not to try to implement until we, the Commission
have the right to have input. I have suggested that they might want to look to another area for a
compromise of having it set aside just for motorcycles. I am very concerned about the fact
where they have six motorcycles in one parking space now. If one motorcycle per parking
space...
Commissioner Regalado: We are going to have six times the problem.
Vice Chairman Plummer: ... they'll be no parking spaces left. So I am telling you, I have
asked...
Commissioner Regalado: We are going to have six times the problem. I don't understand.
Vice Chairman Plummer: I have asked Lieutenant Watkins, Captain Watkins to, please look at
this issue. We discussed it last night and that no implementation, Chief, until this Commission
comes up with a workable solution. OK?
Commissioner Regalado: Fine.
Vice Chairman Plummer: Now, I am also told by the City Attorney that it takes an ordinance
that will have to be prepared for later on to give the extension of six months, so it will be coming
back. All right, sir?
Commissioner Regalado: All right.
Vice Chairman Plummer: Anything else? Item 22.
Mr. Walter J. Foeman (City Clerk): Roll call, Vice Chairman Plummer.
Vice Chairman Plummer: No, it's not... We're just putting off 'till this afternoon.
Mr. Foeman: Oh, OK, the motion you're going to put off?
106 April 28, 1998
Vice Chairman Plummer: 'till this afternoon.
END OF DISCUSSION
----------------------------------------------------------------------------------------------------------------
38. GRANT SIX MONTHS EXTENSION TO LATIN AMERICAN GOURMET
RESTAURANT, INC. CONTINGENT UPON OBTAINING LETTER OF
CREDIT WITHIN 30 DAYS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 22, Latin American Gourmet Restaurant. Where is Dena?
Hello?
Commissioner Hernandez: Vice Chairman Plummer, this is my item. I placed it on the agenda.
Vice Chairman Plummer: Yes, sir, I see that.
Commissioner Hernandez: I sat down with Dena. Dena sat down with the lessor of Paul Walker
Park, Latin American Gourmet Restaurant, and Dena if she is here, she can explain in detail
what they have agreed to, which is a six-month extension to finish the contract. There is a bank
that basically has made a commitment, a letter of credit, based on a six-month extension to finish
the construction. And if at the end of six months, if I remember correctly with my conversation
with Dena, that if at the end of six months construction is not complete, then, it will revert back
to the City of Miami.
Vice Chairman Plummer: Well she, as I recall, went one step further in my conversation that
that was that either the building permit or the loan had to be within 30 days.
Commissioner Hernandez: OK.
Vice Chairman Plummer: That if in fact, the loan was within...
Commissioner Hernandez: That is correct. The loan had to be...
Vice Chairman Plummer: The loan had to be secured...
Commissioner Hernandez: Within 30 days.
Vice Chairman Plummer: ... and in effect within 30 days of the time that we pass it here locally.
Which when the loan is in effect means, it's time to fish and not cut bait. OK? Is that, Dena?
Mr. Jose Garcia -Pedrosa (City Manager): Can we get Dena on this...?
Vice Chairman Plummer: Well, I have been asking for here but she's...
Ms. Dena Bianchino (Assistant Director/Asset Management): I am sorry.
Vice Chairman Plummer: ... she's been out there fishing.
Commissioner Gort: Well, excuse me. I want you to be aware that the motion we all passed a
little while ago, this is one of the properties, the ten properties involved in that.
107 April 28, 1998
Mr. Garcia -Pedrosa: That's true.
Commissioner Gort: OK.
Commissioner Hernandez: And you're absolutely right. And I... I spoke to you about that, that
if it would come up, we would have to remove that.
Vice Chairman Plummer: Well...
Commissioner Hernandez: Not remove it, but we have to discuss that at the time.
Vice Chairman Plummer: Well, wait a minute, what item are you talking about?
Ms. Bianchino: Did you pass 15?
Commissioner Hernandez: Yes, we did. We did pass 15.
Commissioner Gort: Ten lots to sell. That's one of them.
Ms. Bianchino: All right. So, you...
Commissioner Hernandez: The Paul Walker Park is one of the properties that we put up for a
possible sale.
Ms. Bianchino: OK. Let me just give you the status of that situation and... Latin American
Gourmet Cafeteria is in default on every possible tenant of their management agreement. They
are in default on everything. They are in default on everything. The rent checks bounce. They
don't pay their rent on time, and they are not building. They are not doing anything. They have
informed me, and I have been trying to work with their architect and their lender that if they get
a six-month extension from the City Commission they can get a letter of credit. What I would
propose to the Commission is that we give them two or three weeks to get their letter of... give
them the extension...
Vice Chairman Plummer: Thirty days.
Ms. Bianchino: Give them 30 days to get their letter of credit. If they don't get it, sayonara.
Vice Chairman Plummer: Mr. Hernandez moves proves predicated on the recommendation of
the Property Management. Seconded by Mr. Gort?
Commissioner Gort: I guess so.
Vice Chairman Plummer: Guess so.
Commissioner Hernandez: Thirty days.
Vice Chairman Plummer: Thirty days.
Commissioner Hernandez: If they get the letter, the letter of credit they get six months to
complete the project.
Mr. Lazaro Albo: No, no, no.
108 April 28, 1998
Vice Chairman Plummer: That's it.
Commissioner Hernandez: OK.
Mr. Albo: Wait a minute. The bank no give me...
Commissioner Hernandez: The six months...
Vice Chairman Plummer: Wait a minute. Let's get a motion on the floor. Is that understood?
Commissioner Hernandez: Yes.
Vice Chairman Plummer: Mr. Lazaro Albo.
Mr. Albo: OK, the bank, they no give the money, if you don't have an extension for six months.
Vice Chairman Plummer: You are going to get the extension.
Commissioner Hernandez: You are going to be getting...
Vice Chairman Plummer: You get the letter of credit and the bank...
Mr. Albo: Thirty days when? The bank don't give me if you no get an extension.
Ms. Bianchino: No.
Commissioner Hernandez: Hold on.
Mr. Albo: You read the letter, OK.
Vice Chairman Plummer: Which comes first, the chicken or the egg?
Ms. Bianchino: Exactly.
Commissioner Hernandez: You have 30 days to get the money once you get the letter of credit
from committed by the bank...
Ms. Bianchino: [COMMENTS IN SPANISH]
Mr. Albo: OK, you know...
Commissioner Gort: Let me rephrase this. Let me rephrase the motion.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Let me rephrase the motion.
Vice Chairman Plummer: Mr. Gort has the floor.
Commissioner Gort: An extension of six months subject to the letter of credit.
Mr. Albo: Yeah, yeah.
Ms. Bianchino: In 30 days.
109 April 28, 1998
Commissioner Gort: In 30 days.
Mr. Albo: No, not 30 days. In six months.
Commissioner Gort: No, no, no.
Ms. Bianchino: No, no, no.
Vice Chairman Plummer: Thirty days. The letter of credit is within 30 days.
Mr. Albo: All right, listen. Let me tell you.
thousand dollars ($350,000). OK?
Ms. Bianchino: Could I?
I invest over here over three hundred and fifty
Vice Chairman Plummer: He's arguing against himself.
Mr. Albo: Wait a minute. Wait a minute. Let me finish, OK? You know what I do over there
is close to four hundred thousand dollars ($400,000). The bank, they don't give me a letter of
credit until I got six months in paper.
Ms. Bianchino: No, he doesn't..
Vice Chairman Plummer: We are giving you the six months subject to you getting a letter of
credit. You take this thing from the City Commission, you go to the bank. They say here, here
is six months extension if you'll give the letter of credit, and they give the letter of credit. That's
it.
Ms. Bianchino: Right.
Mr. Albo: Well, you confuse too much, Plummer.
Vice Chairman Plummer: No, no.
Ms. Bianchino: No.
Vice Chairman Plummer: I'm not... No, no, you're confused and I'm trying to straighten it out.
Mr. Albo: You confuse too much. You know, the people in the bank, they know exactly what
they want to do, this and this, and this and this.
Vice Chairman Plummer: Would you try to unconfuse him? I've failed.
Ms. Bianchino: Mr. Albo, you know, I have talked to you...
Mr. Albo: I understand what you say, all right.
Ms. Bianchino: No, but I have talked to your bank, and personally...
Vice Chairman Plummer: Yeah.
Ms. Bianchino: ... and they have told me...
110 April 28, 1998
Vice Chairman Plummer: No, automatic.
Ms. Bianchino: ... that if you get the six-month extension...
Mr. Albo: Yeah.
Ms. Bianchino: ... they will give you a letter of credit right away. That's all we're asking for.
Mr. Albo: Well, all right. The bank, who you talk to over there?
Ms. Bianchino: The gentleman I was referred to by your lawyer, Mr. Mesa at Transatlantic
Bank.
Commissioner Hernandez: Lazaro, you're getting confused.
Mr. Albo: Mesa is in the hospital now, OK. OK, do what you want to do, all right, OK? Do
what you want to do, but I think it's... working, the bank, OK.
Ms. Bianchino: This isn't...
Mr. Albo: It should me 30 days extension and, then, when you get a letter of credit you give me
six months.
Ms. Bianchino: No, no, no. Does he understand?
Vice Chairman Plummer: Is there anybody that can explain to Lazaro?
Commissioner Hernandez: I'll explain to him.
Ms. Bianchino: All right.
Vice Chairman Plummer: Tell him in Spanish. Tell him in Arabic.
Mr. Albo: Listen. You're not going borrow... Yeah, wait a minute. Wait a minute, OK. I
understand what you said, very clear. I understand. I know what you say.
Unidentified Speaker: You're winning.
Mr. Albo: Yeah, great for you. Go ahead.
Commissioner Hernandez: [COMMENTS IN SPANISH]
Vice Chairman Plummer: What else do I do? All I said say is, we pass it. Right?
Mr. Albo: OK, All right. OK.
Commissioner Hernandez: [COMMENTS IN SPANISH]
Mr. Albo: It's OK. All right, OK, OK. What you said is all right, go ahead. You know what
happen? Something happen, I go bother you in the (unitelligible) cemetery.
Vice Chairman Plummer: No, I'll tell you what's happened? Nothing's happened, that's the
problem.
111 April 28, 1998
Commissioner Hernandez: Exactly.
Mr. Albo: All right, go ahead. Go ahead. OK, go ahead. All right.
Vice Chairman Plummer: "Oye."
Commissioner Hernandez: There is a motion... There is a motion.
Vice Chairman Plummer: Are we ready?
Mr. Albo: Go ahead.
Vice Chairman Plummer: Are you sure?
Commissioner Hernandez: Yeah, I think so.
Mr. Albo: Yeah, no, I don't want...
Vice Chairman Plummer: Do you understand it? I don't.
Mr. Albo: Hey, Plummer, it's not for me, it's for the bank, OK.
Vice Chairman Plummer: All right, call the roll. Hello? There is a motion.
Commissioner Hernandez: I think you just killed the project.
Vice Chairman Plummer: Now, understand, this is automatic.
Ms. Bianchino: I will. Absolutely, and I will...
Vice Chairman Plummer: It's automatic. OK. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Hearing none, it's unanimous.
Mr. Albo: Thank you, very much.
112 April 28, 1998
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 98-434
A MOTION AUTHORIZING AN EXTENSION OF TIME TO LATIN AMERICAN
GOURMET RESTAURANT, INC., FOR THE OPENING OF THE CONCESSION
AREA AT PAUL WALKER PARK, LOCATED AT 46 W. FLAGLER STREET,
FROM MAY 25, 1998 TO NOVEMBER 25,1998, PROVIDED THAT AN
INDEMNITY BOND OR LETTER OF CREDIT, SATISFACTORY TO THE CITY
ATTORNEY, IN THE AMOUNT OF $100,000, IS PROVIDED TO THE CITY ON OR
BEFORE MAY 28, 1998, THE TERMS OF WHICH WOULD GUARANTEE THE
CITY'S ABILITY TO COMPLETE THE CONSTRUCTION AND ACQUISITION OF
THE EQUIPMENT FOR THE CONCESSION AREA; FURTHER AUTHORIZING
THE TERMINATION OF THE MANAGEMENT AGREEMENT WITH LATIN
AMERICAN GOURMET RESTAURANT IF THE INDEMNITY BOND OR LETTER
OF CREDIT, AS SPECIFIED ABOVE, IS NOT RECEIVED BY MAY 28, 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.
---------- -----------------------------------------------------------------------------------------------------
39. COMMISSION DISCUSSION REGARDING PENSION BOARD'S VOTE TO
AWARD PENSION TO FORMER CITY MANAGER CESAR H. ODIO.
Vice Chairman Plummer: Item 24.
Commissioner Regalado: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Mr. Vice Chairman, this is a... I think, I believe a very sensitive issue,
but one that I placed it on the agenda because many people in the City of Miami want it to be
discussed. It is the pension that was awarded to former City Manager Cesar Odio. The Pension
Board hired a law firm and this law firm recommended against the pension. However, the
pension vote... voted... Here the votes are four, I believe, five in favor or five denying the denial,
and yes, in favor of the denial: Ms. Rose Gordon, Jack Rayburn and Sue Weller. These are the
ones that voted to deny the pension. Now, I asked for a legal opinion to the former City
Attorney and Interim City Attorney, and he deferred that to the new City Attorney. I received
that opinion several days ago, and this is why it was placed on the agenda. My understanding is,
that for the first step,+ we may not need a vote of the City Commission. For second step, we do
113 April 28, 1998
need a vote of the City Commission. Basically, I understand that Mr. Odio will receive what is
entitled to him which is about two hundred thousand dollars ($200,000) that he contributed while
employed by the City of Miami. However, if the pension were to be denied that would be the
only sum that he would receive. So, Mr. City Attorney, if I may, do I need to ask the City
Manager to ask you to go to the Pension Board and ask them to reconsider their decision?
Mr. Alejandro Vilarello, Esq. (City Attorney): Either the Manager or the Mayor can direct me to
request the administrative relief which is simply to go back to the Pension Board and request that
they reconsider their decision.
Commissioner Regalado: And, can I do that by myself without the votes of the City
Commission?
Mr. Vilarello: Pardon me?
Commissioner Regalado: Mr. Vilarello, can I do that...?
Vice Chairman Plummer: I apologize, I was asking him a question.
Commissioner Regalado: No, OK.
Vice Chairman Plummer: Go ahead, ask your question.
Commissioner Regalado: Can I do that by myself without the vote of the City Commission?
Mr. Vilarello: Requesting the administrative...
Commissioner Regalado: To ask the City Manager?
Mr. Vilarello: No. You need to... The City Commission... You individually, can't direct the
City Manager to do anything, as a Commission, you may.
Vice Chairman Plummer: No, I don't think that was his questions, was it?
Commissioner Hernandez: Yeah, that was his question. Can he direct...?
Commissioner Regalado: Yeah, well, that was my question.
Vice Chairman Plummer: I thought his question was as to whether he, individually could ask.
Commissioner Hernandez: That's what he said.
Commissioner Regalado: Right. The City Manager...
Vice Chairman Plummer: He as an individual, not as a Commissioner, but as an individual.
Commissioner Regalado: No, no, no., no. As a Commissioner.
Vice Chairman Plummer: Oh, as a Commissioner. I am sorry, then, I misunderstood.
Commissioner Regalado: Yes.
Mr. Vilarello: You certainly can ask. The Manager is not obligated to follow that request.
114 April 28, 1998
Vice Chairman Plummer: OK, off the nickel. Are you asking...
Commissioner Teele: May I inquire?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: By what authority does the Mayor or the Manager instruct the City
Attorney on the matter, and I just need to know legally on what... by what authority, where in
the Charter or the code does the Mayor or the Manager, but the Commissioner cannot?
Commissioner Regalado: Right that's what...
Mr. Vilarello: The request for the administrative review or request that the Pension Board
reconsider its possession... position is inherent I believe in the Manager's authority and the City
as well as the Mayor's request to the Manager.
Vice Chairman Plummer: I was asking the question before. I don't think, unless I am mistaken,
that the Mayor has the right to direct the City Attorney.
Commissioner Teele: Well, see...
Commissioner Hernandez: Uh-huh.
Vice Chairman Plummer: He does have the right to direct the City Manager as we do, we both
have that right.
Commissioner Teele: Mister...
Vice Chairman Plummer: That's my understanding.
Commissioner Teele: I wasn't here when the attorney was hired.
Vice Chairman Plummer: OK.
Commissioner Teele: But, that opinion really greatly troubles me because the City Attorney
does not work for...
Commissioner Hernandez: The Mayor.
Commissioner Teele: ... the Mayor.
Commissioner Hernandez: Uh-huh.
Vice Chairman Plummer: The City... That's correct.
Commissioner Teele: The City Attorney, and the Clerk work for the Board of Directors.
Vice Chairman Plummer: That's correct.
Commissioner Teele: In corporations... in corporate law or in municipal corporate law. I
certainly believe that any request by the Mayor should be given great deference and I certainly
fully support that the Mayor should and may have the authority to request, but I think any
Commissioner should have that authority. And, I think the inherent power would be in the
Office of the City Attorney. I mean, I think the inherent authority that you are citing is not in the
115 April 28, 1998
power of the Mayor, because that's a violation of separation of powers. It's a clear violation of
separation of powers in a legis...
Vice Chairman Plummer: Mister Teele, I agree with you.
Commissioner Teele: ... in a legislative and an executive body. If there is an inherent power, the
inherent power would be in the Office of the City Attorney, not in the two offices cited.
Vice Chairman Plummer: So, we come down then, to the aspect is, that if we feel that... any
Commissioner has the right to direct the City Attorney...
Commissioner Teele: No.
Vice Chairman Plummer: No.
Commissioner Teele: I believe that any Commissioner may request.
Vice Chairman Plummer: Request.
Commissioner Teele: The attorney has the authority.
Vice Chairman Plummer: OK.
Commissioner Teele: The inherent authority to act or not act.
Vice Chairman Plummer: OK.
Commissioner Teele: But, only the Commission could do so. And, I certainly think that the
Mayor has the authority to request.
Vice Chairman Plummer: That's... Fine. Now, Mr. Regalado.
Commissioner Regalado: Now, my...
Commissioner Teele: And the Manager has the authority to request.
Vice Chairman Plummer: Right.
Commissioner Regalado: As we clarified this legal aspect...
Vice Chairman Plummer: Can request. Not demand, request.
Commissioner Regalado: ... I am requesting from the City Attorney... I am requesting from the
City Attorney to go back to the Pension Board and ask them to reconsider. Is that the way to do
it?
Mr. Vilarello: No. I think that... I think the Commissioner individually does not have the
authority to request that I take the administrative action that we are discussing.
Vice Chairman Plummer: Sir, we are not asking you to take administrative action.
Commissioner Regalado: Right.
Vice Chairman Plummer: We are asking you to ask them to reconsider.
116 April 28, 1998
Commissioner Regalado: Right.
Vice Chairman Plummer: We are not demanding they reconsider, but basically you, I hate to say
it, are the messenger who the City Commissioner is asking to go to that board. He alone is
asking that that be your charge to go there and ask them to reconsider. Am I correct?
Commissioner Regalado: That is correct.
Vice Chairman Plummer: Not demanding that you go, and you can or not go. If you don't go,
God help you. OK? But, I am saying is, that is the name of the game that he has that right to
ask, and you have the right to refuse or to go. Anything else on the issue?
Mr. Manuel Gonzalez-Goenaga: Yes.
Commissioner Regalado: I don't have anything else other than to...
Vice Chairman Plummer: Is this a public hearing?
Mr. Vilarello: No.
Commissioner Regalado: No.
Vice Chairman Plummer: It is not a public hearing, Mr. Goenaga, when the matter comes back,
I'll allow you...
Mr. Gonzalez-Goenaga: Well, give him the pension. Crime pays in Miami.
Vice Chairman Plummer: That's true. You are here, and it proves it. Mrs. Odio, you wish to be
heard.
Ms. Maria Antonieta Prio: I want to know if I have the opportunity...
Vice Chairman Plummer: Excuse me, for the record, I asked you your name, Maryanne.
Ms. Prio: My name is Maria Antonieta Prio, Maryanne. I am called Maryanne Prio. I live at
1607 Micanope Avenue. I am married to Cesar Odio. I don't know if I have the right now to
speak, but I know this issue of Cesar Odio has been going around for a long time. And, all the
truth has not been heard.
Vice Chairman Plummer: Maryanne, may I make a strong suggestion to you?
Ms. Prio: Yes.
Commissioner Gort: She should not speak. [phonetic]
Vice Chairman Plummer: I think you can do nothing but harm by speaking here today. I think
that if, in fact, the City Attorney goes to the Pension Board, and in fact, asks, and they were to
reconsider, that is the time when I think you should speak loud and long.
Mr. Prio: Ah...
Vice Chairman Plummer: I'll give you the right to speak, if you wish...
117 April 28, 1998
Ms. Prio: I want the right to speak.
Vice Chairman Plummer: ... without question. OK?
Ms. Prio: Let me... First of all, I don't think the Pension Board does not have a procedure to
reconsider. At this point, that is not an option. So that would be a mute point, OK. But, since
this issue, the issue of Cesar Odio has been brought for political reasons time and time again,
what I would like is permission of the Commission to address it on this point, and to have the
time to address it on this point on behalf of myself, of my two children, and of my husband who
has not been able to defend himself. And, I believe that if I don't tell the whole truth, this issue
will come back, again and again, and it will haunt us. And, I just want the opportunity, since it is
an item on the agenda...
Vice Chairman Plummer: All right... Maryanne...
Ms. Prio: ... to tell the truth.
Vice Chairman Plummer: I tell you what I am going to do, OK? I am going to deny you the
right today.
Ms. Prio: That's not fair, Mister...
Vice Chairman Plummer: Excuse me. I am going to give you that right to come back in two
weeks after you have had the opportunity to speak and if you think you still want, because this is
not a public hearing today. This is an item by Commissioner Regalado, and I will give you that
opportunity. Mr. Manager, if she wishes to be heard in two weeks, after consideration of
whether she wishes to address the issue or not, she will have that right according to this
Commissioner. But, I want her to think about it before she goes. I, hopefully by that time that
you Mr. City Attorney will have the right to ask, and she might be right, there is no provision...
Ms. Prio: There is... I am raising the legal issue now. We do not have an attorney here, today,
OK. I am the low budget alternative to a lawyer. I am.
Vice Chairman Plummer: All right. What is your legal...?
Ms. Prio: And, it's a legal issue that you have no authority to reconsider.
Vice Chairman Plummer: What is your legal question?
Ms. Prio: The legal question is, I do not think there is any provision for a reconsideration by the
Pension Board. You have no authority.
Vice Chairman Plummer: Mr. City Attorney, the question has been raised, do you know the
answer?
Mr. Vilarello: I do. I can address that question. The Board, the last time it met and discussed
this issue, was actually reconsidering whether or not they would continue the pension benefits.
So, they have not had an interceding meeting. Under their parliamentary rules, they can
reconsider at the next meeting.
Vice Chairman Plummer: Would you explain that to me as the answer "yes" or "no."
Mr. Vilarello: Yes, they can recon...
118 April 28, 1998
Vice Chairman Plummer: They have the right to reconsider.
Mr. Vilarello: Yes.
Vice Chairman Plummer: OK.
Ms. Prio: Mr. Chairman, let me ask you, again.
Vice Chairman Plummer: Yes, ma'am.
Ms. Prio: I would like the opportunity to speak in relation to my husband, because...
Vice Chairman Plummer: And, I am giving...
Ms. Prio: ... many things have been said today and will be said, and I want to be heard.
Vice Chairman Plummer: I will give you that opportunity, Maryanne. I would like for you to
think about it, first.
Ms. Prio: I have thought about it. I have thought about it for more than a year, Mr. Chairman,
and I have a right.
Commissioner Gort: It is not a public hearing.
Vice Chairman Plummer: All right. It...
Ms. Prio: My children have the right.
Commissioner Teele: Mr. Chairman, before you rule.
Vice Chairman Plummer: There has got to be a motion made because it is not part... Mr. Teele.
Commissioner Teele: Mr. Chairman, before you rule.
Vice Chairman Plummer: I have not ruled.
Commissioner Teele: Our procedures provide for any citizen to come before it, and the time to
do that is as a personal appearance. I believe that if Mrs. Odio would like to appear before this
Commission, she has that right at the appropriate time in the next meeting or when it's
appropriate in terms of her own timetable. I do think, Mr. Chairman, that you have given her
very good advice in urging her at this time, not to speak, given the fact that she probably, really
should have the benefit of counsel or some...
Ms. Prio: I have spoken to our attorney, Mark Herring. I have.
Commissioner Teele: And, I for one, am very supportive of Mrs. Odio's position. But, I do
think that only damage can come at this point in time and I would be very frightened on your
behalf and on your family's behalf for what may be said or misquoted and misstated as this
media... all these cameras are pointed not at me right now, but at you.
Ms. Prio: I want to take the risk.
Commissioner Teele: I really wish you would do it at...
119 April 28, 1998
Vice Chairman Plummer: All right the...
Commissioner Gort: Legally, you can. [phonetic]
Ms. Prio: It is not fair. May I say something?
Vice Chairman Plummer: The Chairman has got to rule, all right. The Chairman will rule,
Maryanne that you are scheduled for the next meeting . You will be scheduled under a public
appearance. Only you will be able to cancel that appearance. I will give you at least five
minutes, and if needed, more.
Ms. Prio: Yes, please.
Vice Chairman Plummer: But, I would ask you as your friend, please, check with your family,
check with your lawyer what you are going...
Ms. Prio: I have.
Vice Chairman Plummer: OK. And...
Ms. Prio: I am ready now.
Vice Chairman Plummer: You will be better prepared in two weeks, OK?
Ms. Prio: No.
Vice Chairman Plummer: You will have that opportunity.
Ms. Prio: It is not fair that this be hanging over our heads any longer.
Vice Chairman Plummer: I... Two weeks is not going to make "yes" or "no." And, we will get
you that opportunity in two weeks, I guarantee it. You have my word, OK.
Ms. Prio: All right. Thank you, thank you.
Commissioner Teele: Mr. Chairman...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: ... if I may, to the attorney? I would...
Vice Chairman Plummer: Mr. Attorney.
Commissioner Teele: Mr. Attorney, I would request that you seek a legal opinion from the
counsel for the Pension Board, and to make that opinion available to Mrs. Odio as well as to the
public.
Vice Chairman Plummer: I'll go one step further.
Ms. Vilarello: With regard to reconsideration?
Commissioner Teele: Regarding... Regarding whether or not there is a procedure for
reconsideration and what it is. Not... I am not asking you to ask that they reconsider it. I am
only asking so that Mrs. Odio is in a position to address the issue because she's obviously giving
120 April 28, 1998
her considered advice on the matter, and, I think you have given your advise. But I think,
ultimately, the lawyer that must rule on this is neither Mrs. Odio or yourself.
Ms. Vilarello: Correct.
Commissioner Teele: But I guess the firm in Tallahassee.
Vice Chairman Plummer: Mr. Clerk, I would instruct you, sir, to make provisions for the
minutes of this matter to be immediately made to Ron Silver, the attorney; to Mrs. Odio, and to
the Pension Board, copies of the minutes of this action just taken.
Commissioner Hernandez: That's... But, that's...
Vice Chairman Plummer: Mr. Hernandez.
Commissioner Regalado: And, the action taken is?
Vice Chairman Plummer: Of the minutes that have been relating to this subject.
Commissioner Regalado: No, no. The action.
Commissioner Teele: The discussion. The discussion.
Commissioner Regalado: The discussion. The action taken was, that the City Attorney will go
the Pension Board.
Vice Chairman Plummer: It was your request that he go to the Pension Board asking them for
reconsideration. OK?
Commissioner Regalado: Yes.
Commissioner Teele: The City Attorney is in the position, I would assume, that he can consider
that...
Vice Chairman Plummer: Or not.
Commissioner Teele: ... and act or consider it and not act.
Vice Chairman Plummer: That's eh... that's... That's right.
Commissioner Teele: It's an individual request.
Commissioner Hernandez: That's... that's...
Vice Chairman Plummer: It's a difference in a mandate. Mr. Hernandez, you have a comment?
Commissioner Hernandez: Yes. I have a question for... various questions, I guess. I read what
the City Attorney was quoted in The Miami Herald referenced to this issue, and I want to know
what the administrative procedures are to the actions taken by the Pension Board. They have
made a decision, what happens then? What can happen? Who can request? I have never seen
one Commissioner request something without the vote of two other Commissioners, and go on
that direction. Now, I agree with what Commissioner Teele has said about the Mayor and him
directing you to do anything. I... that was not what you answered to me on the day that we
decided to employ you. It was very clear that you worked for this board. Now, what happens
after the decision by the board, what can happen? Have they made a decision or not?
121 April 28, 1998
Mr. Vilarello: The Pension Board?
Vice Chairman Plummer: Well, they made it. Yeah, they made a decision.
Commissioner Hernandez: Yes.
Mr. Vilarello: Has made a decision.
Vice Chairman Plummer: Yeah.
Commissioner Hernandez: OK, now what happens? What's the reconsideration? What's the
issue? Who can reconsider? How can we get there?
Vice Chairman Plummer: The board can...
Mr. Vilarello: The board can reconsider its action.
Vice Chairman Plummer: And deny.
Commissioner Gort: We can't make a decision for the board. [phonetic]
Commissioner Hernandez: We cannot request a reconsideration?
Vice Chairman Plummer: No. Oh, no, we... I am sorry.
Commissioner Hernandez: The Commission as a whole?
Mr. Vilarello: The Commissioner has asked me to request a reconsideration of their action. At
their next meeting they can reconsider their actions.
Vice Chairman Plummer: Yeah. We'll know at the next meeting.
Commissioner Hernandez: One Commissioner can request you to do something...
Vice Chairman Plummer: Sure.
Commissioner Hernandez: ... a motion on something without a second or without a...
Vice Chairman Plummer: Sure, yeah.
Mr. Vilarello: It's a request, not a direction.
Vice Chairman Plummer: It's the same as if you sent him a memo.
Mr. Vilarello: This Commission can direct me to do... to request the board, but that has not
happened here, today. There has been a request.
122 April 28, 1998
---------------------------------------------------------------------------------------------------------------
40. APPOINT THOMAS A. MOORE TO COCONUT GROVE PARKING
ADVISORY COMMITTEE.
Vice Chairman Plummer: OK, the next item, I have an appointment to make. I would like to
make to the Coconut Grove Parking Authority Board, and that is, Mr. Thomas A. Moore, Jr. I so
move.
Commissioner Gort: Second.
Commissioner Regalado: Second.
Vice Chairman Plummer: Is there any further discussion? All in favor say "aye."
The following resolution was introduced by Vice ChairmanPlummer, who moved its adoption:
RESOLUTION NO. 98-435
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, 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.
123 April 28, 1998
------------------------------------------------------- --------------------------------------------------------
41. (A) APPROVE EMERGENCY ORDINANCE AMENDING SECTIONS 1.3
AND 5 OF APPROPRIATIONS ORDINANCE 11553 -- INCREASE
APPROPRIATIONS FOR BUDGETARY ADJUSTMENTS -- FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1998.
(B) DISCUSSION REGARDING SALARY INCREASES FOR SENIOR
EXECUTIVES AND RESIDENCY REQUIREMENT FOR
EMPLOYEES.
(C) DISCUSSION REGARDING EQUAL BUDGETARY ALLOCATIONS
FOR OFFICES OF CITY COMMISSIONERS.
(D) COMMENTS REGARDING TRANSFER OF SURPLUS FUNDS
FROM UTILITY SERVICE TAX SPECIAL REVENUE FUND TO
GENERAL FUND ($1,949,000) -- FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1998 -- FOR BUDGETARY ADJUSTMENTS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: The Mayor is present and has asked to be heard on item number seven
which is the only item we left out of the morning agenda. Immediately following that item, we
will be in fact be going to the PZ (Planning and Zoning) agenda. Mr. Mayor.
Commissioner Gort: Which item is this?
Vice Chairman Plummer: This is item seven of the morning agenda.
Mayor Carollo: It's an emergency ordinance that we need to pass today, and it is a must that we
pass it today. I just wanted to... Excuse me, can...? I just need some legal guidance from the
City Attorney on a couple of matters that we...
Vice Chairman Plummer: Mr. City Attorney.
Mayor Carollo: ... we need to make sure that we have right, here. Now, I am not sure if what I
am going to ask you is something that we need to clarify it in line item or if it could be done after
we pass this internally. I basically have two areas of concerns. One is, on the budgets that
would fall within each department. Sometime ago, for whatever reasons and I won't get into it
now, because I think we all know why. The budgets of approximately, well the salaries actually
for approximately 20 department heads and senior management personnel of the City were cut
back. Supposedly, to go on the theory that the Mayor would be the person that would have the
highest salary in the City, 97, and the Manager would have 96, and everyone else below that.
What in essence happened was, and I think the Manager would agree with me on this, that in
order to go along with that philosophy at that particular moment, a lot of the dollar amounts that
the Manager would have preferred to have received up -front in salary were given and hidden
instead in other ways. And I am not questioning nor am I complaining about the total package
that a City Manager is making. I think that a City Manager should be making a certain amount
for a large City as Miami. The problem is, that when the monies are not up -front and it's not
done in that way so the impression is given that the actual salary is 96, and then dollars are put
into other areas so that approximately 20 other department directors, senior executives had to
receive pay cuts. That's not right in doing it that way, and particularly when in this fiscal year,
the remaining part, the savings that we were only going to have was for around fifty thousand
dollars ($50,000) and the harm that is done to the morale has been much, much damaging than
any minute amount that we are to be saving. So what my question is, Mr. City Attorney, if this
Commission would so decide to suggest to the Manager that those senior executives that had
their salaries slashed, cut should have those salaries restored to the level they previously had, do
124 April 28, 1998
we need to include this in any particular line item or when... before this is passed, or can that be
done after we pass this and just take it from a lumpsum?
Mr. Alejando Vilarello, Esq. (City Attorney): You can provide the funding within this
ordinance. However, the Manager is the only individual with the discretion to either increase
those salaries or not.
Mayor Carollo: Yeah, I understand that. That's why I said the statement that I made. And, of
course, he made that determination at the strong suggestion before of the previous individual that
sat for a small period of time in this chair. The... the other area that I would like to bring up for
your guidance is on the line item on Board Commissioners, any adjustments that need to be
made there... You know what, let's deal with the other ones first, before I get into this one right
now. Mr. Manager, you know, we could do it right in the open in the sunshine. It's your
decision. I don't know how the Commission might feel, but whatever the philosophy was before
that might have led you to feel any kind of pressure that the salaries of the top leadership of the
City had to be cut in the way that it was, obviously is no longer the feeling from this chair. I
don't know how the rest of the Commission might feel, but if it is your feeling that things should
be restored in the orderly fashion that they were before the changes that we drastically had, I
would just respectfully request, following the City Charter, that it would probably be better to
include this now, when we pass this than to be coming back and changing things again. But, it's
your call. I just want to be very clear to you and to the top echelon of this City that this is not
how I feel. I think that what was done before was wrong, and it was harmful to this City.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Teele: May I offer also, an opinion? I am in complete agreement with the
statements that you have acknowledged and made. First of all, so that the public is not deceived.
We are talking about probably, a total of about fifty thousand dollars, when you add up all of
those salary cuts that were made. So, we're talking about a budget of close to four hundred
million dollars ($400,000,000) and we're talking about fifty thousand dollars ($50,000) so... so
that there is some order of magnitude for the public and the press. I was one of those who... who
said that I don't agree with the philosophy that the incumbent Mayor had announced, but I
certainly respect it, the fact that he was the Mayor, and that he had run for office saying that no
person's salary... He had run for office of the Mayor of Dade County. Had come out with a list.
Presented a list of employees that made over one hundred thousand dollars ($100,000). He ran
for City of Miami with the same thing. I think the Manager would have been almost
disrespectful not to acknowledge in a democracy that the will of the majority, the people of
Miami, had spoken. But now we hear a new voice from the citizens of Miami as evidenced by
your seat and your voice today. And I think the philosophy of the Mayor should have great
deference in terms of these broad, policy matters and I am certain that the Manager will take that
into... under consideration. But I wanted to just admit or register to you, that I was one of those
persons who said, I don't personally agree with what the incumbent Mayor had run for office had
said as a County Mayor or as a City Mayor. But I also acknowledge that that is what the citizens
of Miami voted for because it was clearly one of his main platforms. He is no longer the Mayor
and I would hope that the Manager would take that into consideration, and that is not him
reversing his position, but him only speaking to what the citizens of Miami have voted for, if he
so chooses.
Vice Chairman Plummer: How about...? How about a motion that says...
Commissioner Gort: Excuse me, J. L.
125 April 28, 1998
Vice Chairman Plummer: I am sorry. Go ahead.
Commissioner Gort: I request the floor.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Gort: Yeah, I think it was in the record and we all stated the way the salary was
disclosed. You had a base salary, but then you had "X" amount of benefit. We said it from the
beginning, all of us, and it's on the record there. Let's be straight. Let's say it, what the real
salary is, and let's not try to hide behind benefits and so on. So, I think that was stated by all of
us from the beginning. And I agree with Mr. Teele. We were respecting the opinion at that time
of the Office of the Mayor, but I also understand that we're talking about fifty, forty, fifty
thousand dollars ($50,000). Thank you.
Vice Chairman Plummer: Mr. Mayor.
Commissioner Teele: Mr. Mayor, there is one point, if I may, Mr. Chairman?
Mayor Carollo: Yes.
Commissioner Teele: I also said at that time that I really wished we could look for an incentive
to incentivize City employees to move back into the City. I... you remember me saying that.
And I still say that. I... if there were a way we could offer a bounty of ten thousand dollars
($10,000) assisting homeownership or something, I'd be willing to support it because I really do
think that if we listened to the people this morning on this fire fee issue, we have the problem of
a declining tax base. And so I... Mr. Mayor, I also proffer to you that while we do have these
employees that have... And I think you're absolutely right. I think, you know, fifty thousand
dollars ($50,000) to demoralize 20 employees is not really worth it. But I also think that we
should be put on the record, at least I want to be associated with the fact that we need to look at
positive ways to incentivize our employees to move back into the City. And Mr. Manager, I
would very much like to have a list of all employees that make over some amount of money and
whether or not they live in, in... a location as to where they live at an appropriate time. Well, no,
I don't. I don't want that because I don't want to create that document. I don't.
Commissioner Regalado: Mr. Mayor, if I may?
Mayor Carollo: Yes.
Commissioner Regalado: Commissioner Teele, I remember that about eight months ago, the
Commission approved a motion and it became a resolution giving five thousand dollars ($5,000)
to every City of Miami police officer who would buy a house in the City of Miami. It was my
motion. That money was identified but then it got tangled in the past administration's
bureaucracy. I would ask the administration to bring back that, to revive that. Because I was
told by the Police Department that at least 15 police officers called and were interested on, on
that project. It would give them five thousand dollars ($5,000), you remember, J.L. They have to
live at least five years in that house, in the City of Miami.
Vice Chairman Plummer: Mr. Mayor, seeing as how the Manager is the only one that has the
authority to set salaries, I think a motion would be appropriate at this time that we give the
Manager the purview of increasing the salaries and reinstating them to what they were
previously from the surplus which is identified here. And I think the Manager has read between
the lines of what this Commission is look for and I don't think that he would do anything
contrary. We realize it's his prerogative, but I think when five Commissioners are saying that
we like the idea to be restored, I would hope that he would understand that. And I think legally,
that's all we can do, Mr. City Attorney. So, I so move.
126 April 28, 1998
Commissioner Teele: I'd rather not have... I'd rather not have a motion. I mean...
Mayor Carollo: I agree with Commissioner Teele. I...
Vice Chairman Plummer: OK, you don't want a motion?
Mayor Carollo: I think we're getting too close to the line with a motion like that.
Vice Chairman Plummer: OK, OK.
Mayor Carollo: We have expressed our individual feelings here today.
Vice Chairman Plummer: We've expressed them.
Mayor Carollo: As a matter of fact, it's up to the Manager. My only question to the City
Attorney was...
Vice Chairman Plummer: I'll type him a letter.
Mayor Carollo: ... if he felt that that was something that the Manager should make a decision
before this is approved or can that be readjusted...
Vice Chairman Plummer: Of course.
Mayor Carollo: ... or might it be better for it to be readjusted afterwards?
Vice Chairman Plummer: Afterwards, you have got a thirty-two million dollar ($32,000,000)
surplus. And I would assume it would have to go before the Oversight Board.
Mayor Carollo: Yeah.
Commissioner Gort: I think...
Commissioner Teele: No.
Vice Chairman Plummer: Because they were the ones who said no, no, no... No, you don't
think so? Well.
Mayor Carollo: No, its...
Mr. Jose Garcia -Pedrosa (City Manager): Individual salaries.
Mayor Carollo: Yeah, if...
Vice Chairman Plummer: All right.
Mayor Carollo: If you could guide us on that, Mr. City Attorney...
Vice Chairman Plummer: Let's move on.
Mayor Carollo: ... of whichever way you think is the best way of pursuing it.
Mr. Vilarello: The Manager has brought this forward today. If you conditioned the passage of
this emergency ordinance on him making the decision, I think that that is going around and
127 April 28, 1998
getting him to commit to the increases when he needs this ordinance to go forward with the
budget.
Vice Chairman Plummer: Fine. Let's... Whatever it is, let's do it.
Mayor Carollo: I am sorry, I didn't quite understand what...
Mr. Vilarello: My suggestion is that, that this ordinance needs to be dealt with...
Mayor Carollo: Oh, it does.
Mr. Vilarello: ... in the budget. And if you wait and condition the adoption of this ordinance on,
on whether or not he takes into consideration the Commission's comments that that is...
Mayor Carollo: We cannot do that...
Mr. Vilarello: Right.
Mayor Carollo: ... whatsoever for two reasons. One is the Oversight Board needs this approved
today. Secondly, I think you would advise us that we would be crossing the line if we did it that
way. But my...
Mr. Vilarello: The question? I am sorry, I don't understand the question.
Mayor Carollo: I guess my direction question to you is, if it is the intention of the Manager to go
back to the status quo, should he advise the Commission or does he need to advise the
Commission now before voting on this, if that's what he wants to do? Or can we actually just
readjust it in-house after this is approved with some of the reserves that we have.
Mr. Vilarello: If he wishes to readjust that he can do that later on in the process.
Vice Chairman Plummer: It's his purview. OK, I move item...
Mayor Carollo: That's fine. OK. That's fine, so it's something he don't have to decide now.
The other point that I just like to make on this budget is that on the amounts that are being
approved for the Board of Commissioners, we're approving more on this budget on the Board of
Commissioners as I add it up, and correct me if I am wrong, Dipak as our Budget Director. We
are approving more than what has been previously allocated for each Commissioner which is, I
believe one hundred and seventy thousand per each office. So, my only statement to that is, that
each Commissioner should have the same amount of dollars. If for any reason there are some
that have more than others, the Manager is the only person that can deal with that and needs to
correct that so it could be readjusted. If we are going to approve an amount an amount for the
Board of Commissioners that's more than what has been approved in the past, I think this is
going to create problems, particularly problems of unfairness to the other Commissioners, so...
That's the only other area that I wanted to bring up. I will live with the budget that I was left
with, and I'll readjust it in whatever way I have to make sure that the Mayor's office ends up
with a balanced budget this fiscal year.
Vice Chairman Plummer: Mr. Mayor, I am not going to get into long dissertation, but I have
always felt that in the Commission offices themselves, the problem sometime exists when you
have a Commissioner who has a staff person who has been with the City for 22 or 23 years and
the buildup over the period of the years takes them out of the average range of twenty-two,
twenty-three thousand dollars ($23,000). And that's where... but I am sure it can be adjusted as
you said by the City Manager, so I...
128 April 28, 1998
Mayor Carollo: Well, that's not the case in what I am seeing here. But all that I am saying is, is
that this is something that this Commission needs to address or at least if not, the Manager that
you need to establish a policy...
Vice Chairman Plummer: Yeah.
Mayor Carollo: If it's going to be the same for all Commissioners, so make sure it's going to be
same. If it's not, let's have it out in the open, but...
Vice Chairman Plummer: Absolutely.
Mayor Carollo: ... this situation of passing the buck should not keep happening. I am not saying
this...
Vice Chairman Plummer: It's got to stop.
Mayor Carollo: ... to embarrass anyone. That's not my intention, on the contrary. I think we
need to, everything we need to do in this City needs to be done a businesslike manner. And this
is one of those that needs to be dealt with in a businesslike manner.
Vice Chairman Plummer: Any other questions on seven? If not, I'll make you a motion.
Commissioner Teele: No, I have a question.
Vice Chairman Plummer: Oh, I am sorry.
Commissioner Teele: Does, or to pick up on what the Mayor said, does this encompass five
equal parts?
Mr. Garcia -Pedrosa: No, sir. There weren't five equal parts to begin with and there are still not
five equal parts.
Commissioner Teele: For the Board of County Commission... board of City Commission?
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Plummer: Well...
Commissioner Teele: No, no. You know, let's don't put the whole budget in jeopardy. I
mean...
Mayor Carollo: No, you can't. We have got to pass this.
Commissioner Teele: But you are not going to have a junior Commissioner and a senior
Commissioner. You not going to have... I mean, it's going to be five equal parts or it's going to
be nothing. I mean, I had the... I spent the better part of two months just trying to get a chair and
a desk. And I mean, I mean, that's not funny though, because it really is reflective of the fact
that citizens are entitled for their representatives to be able to function, and I don't think that in
any legislative body, I mean, if you want to have a reserve for the Chairman, and the Vice
Chairman or something like that, I don't have a problem with that. But each Commissioner
should have the same amount of money.
Vice Chairman Plummer: That's the way to handle it.
129 April 28, 1998
Commissioner Teele: Now, if you want to put... take money aside for the Chairman, I will
support that. If you want to do something for the Vice Chairman, I'll support that. It you want
to have something for a researcher, I'll support that. But each Commissioner...
Vice Chairman Plummer: Listen to him. Listen to him, he's making a very good point.
Commissioner Teele: Each Commissioner in the purview of being a Commissioner who
represents relatively the same number of people, and remember this is, you know, Baker versus
Carr, this is one man, one vote. This is all of that. Each Commissioner, each of the five
Commissioners, must be treated the same. Now, the fact that one Commissioner is Chair and
maybe needs someone or assistance, I would support that. A Vice Chair or whatever. A
legislative person, I'll support that. I mean, I'll support... But each Commissioner, OK? And
so, I am going to ask permission to make the motion with the proviso that each Commissioner be
treated the same way. Now...
Vice Chairman Plummer: Second the motion.
Commissioner Regalado: That's true.
Mayor Carollo: OK, there is a motion, there is a second. Is there any further discussion?
Commissioner Teele: Question.
Mayor Carollo: Question.
Commissioner Teele: Now there is a pocket item relating to utility fees, public service fees
taxes. Is that included in this?
Commissioner Gort: That's for last year.
Mr. Dipak Parekh (Director/ Budget Department): Commissioner deals with last fiscal year.
Commissioner Teele: I understand it deals with last year's funds, but the way it's stated it... The
way it's stated it transfers them...
Mr. Garcia -Pedrosa: This is a book transfer that we learned from the auditors as a result of our
meeting with them last week.
Commissioner Teele: OK.
Commissioner Teele: So, this is not included in...
Vice Chairman Plummer: This is not item seven.
Mr. Garcia -Pedrosa: This is not item seven. This is not item seven.
Vice Chairman Plummer: You do have... You do have a...
Commissioner Teele: A revenue fund, a special revenue fund line item here that relates to...
Vice Chairman Plummer: You have a replacement ordinance on seven, Art.
Commissioner Teele: On page five. No, on the... In the budget item that's up for discussion...
130 April 28, 1998
Vice Chairman Plummer: Yeah.
Commissioner Teele: ... on line, on page five the second line you have got a utility service tax
fund. Are we...? Are these numbers balanced now? I mean...
Mr. Dipak Parekh (Budget Director): Commissioner, basically to answer your question. The
emergency ordinance dealing with the public services tax transferred for last fiscal year one
point nine million dollars ($1,900,000). Then, we started the books again for this fiscal year.
The number which you see on page five is for this fiscal and the projections we have. These
monies have already been transferred...
Commissioner Gort: The answer is not the actual number?
Mr. Parekh: These are the actual numbers.
Vice Chairman Plummer: The answer is yes.
Mr. Parekh: OK, yes.
Commissioner Gort: Thank you.
Mayor Carollo: Well, last but not least, Dipak, since you're up here, if I could ask another
question? We have an item today that's item ten that it's up to the Commission to deal with it all
that I had requested the Manager, which he did, when that comes up is to put the numbers, the
dollar amounts it's going cost...
Vice Chairman Plummer: We've already, we've already done that.
Mayor Carollo: ... which is... Yeah, which you've done. Good. Is that also reflective in the
numbers of the budget of the City Manager's office, this which was just passed today?
Vice Chairman Plummer: The item relating to the Pension Board and the twenty percent that
you gave us, was that adjusted here?
Mayor Carollo: Yeah.
Mr. Garcia -Pedrosa: The thirty-six thousand was not included here, but it also did not passed.
Vice Chairman Plummer: It couldn't be adjusted most likely until we approved it.
Mr. Garcia -Pedrosa: I am sorry. The thirty-six thousand and change number was not included
here. I should also tell you that the Commission did not adopt that item.
Mayor Carollo: OK, it was dealt with.
Mr. Garcia -Pedrosa: It was...
Commissioner Hernandez: There was not a motion or a seconder.
Commissioner Teele: Right.
Vice Chairman Plummer: No, it was actually deferred, Mr. Mayor. There was no motion or
second. It was deferred because of Commissioner Teele's request that the Manager be instructed
131 April 28, 1998
to go around to each Commissioner and make each Commissioner better versed in the item and
to be brought back on the 12th of May.
Mayor Carollo: That's fine. All that I am trying to do is, make sure that we're not opening
ourselves up at all in the future that we adopt, and that someone is going to say, hey, this
Commission has voted for something and they don't have it anywhere in the line item budget.
And all that I am asking for is to have things included in the budget so that it's clear. I, you
know, personally if the Manager is recommending that, I have personally no problem in this
Commission taking action. I just want to make sure that there is sufficient dollars in that line
item budget of the Manager's office so we don't have to get into the shifting of dollars later on.
All right. There is a motion made and seconded.
Vice Chairman Plummer: We have a motion made and duly seconded.
Mayor Carollo: Commissioner.
Vice Chairman Plummer: Call the roll.
Mr. Vilarello: You need to read the ordinance.
Vice Chairman Plummer: Read the ordinance. And for the record there is a replacement
ordinance rather than the one in the book. And Mr. City Attorney I assume you are reading from
that which has been handed to us as the replacement.
Mr. Vilarello: Yes, sir.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.
Vice Chairman Plummer: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, AND 5 OF
ORDINANCE NO. 11553, THE ANNUAL APPROPRIATIONS ORDINANCE
FOR FISCAL YEAR ENDING SEPTEMBER 30, 1998, FOR THE PURPOSE OF
INCREASING SAID APPROPRIATIONS RELATING TO OPERATIONAL
REQUIREMENTS AND TO OTHER REQUIRED BUDGETARY
ADJUSTMENTS AS ARE MORE PARTICULARLY DESCRIBED HEREIN;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY.
132 April 28, 1998
was introduced by Commissioner Teele and seconded by Vice Chairman Plummer, 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 Teele and seconded by Vice
Chairman Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Vice Chairman J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11647.
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. APPROVE EMERGENCY ORDINANCE: TRANSFER SURPLUS FUNDS
FROM UTILITY SERVICE TAX SPECIAL REVENUE FUND TO GENERAL
FUND ($1,949,000.) -- FOR FISCAL YEAR ENDING SEPTEMBER 30, 1998 --
FOR BUDGETARY ADJUSTMENTS.
Vice Chairman Plummer: We are going to take a five minute recess to allow... Wait a minute,
excuse me.
Mr. Dipak Parekh (Director/Budget Department): Can we...?
Vice Chairman Plummer: Read it.
Mr. Parekh: Pocket item.
Vice Chairman Plummer: Read the pocket item. Mr. City Attorney. The pocket item relating to
that question.
133 April 28, 1998
Mr. Alejandro Vilarello, Esq. (City Attorney): The utility service tax.
Commissioner Gort: Yes.
Vice Chairman Plummer: Yes. No, we're...
Mr. Parekh: Thank you.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort, seconded by Regalado and Teele. Call the... All in
favor?
Commissioner Teele: Question. Question.
Vice Chairman Plummer: Question.
Commissioner Teele: Mr. Manager.
Vice Chairman Plummer: Mr. Manager. Joe...
Commissioner Teele: Let me just understand this. Now this is one point nine million dollars
($1,900,000) of found money? Of money that...
Mr. Garcia -Pedrosa: Surplus money.
Commissioner Teele: ... of surplus money. Did the external auditors identify the funds or are
they recommending the funds? I need to understand what KPMG's role here is because I really
do think...
Vice Chairman Plummer: To make money for retirement.
Commissioner Teele: ... and I am saying this, Commissioner, Mr. Chairman, I am really saying
this because we are going to develop a problem as I am hearing in the industry because we are
suing one external auditor. We are bashing another external...
Vice Chairman Plummer: Excuse me. Mr. Manager, and please while he is speaking, please,
the courtesy to the speaker.
Commissioner Teele: What is KPMG's role in this process and... What is their role in this
process?
Mr. Garcia -Pedrosa: We've consulted on this item with KPMG twice and we either fail to
understand them or they failed to understand us. The reason for this item is, that when we first...
and I personally asked that the external auditors be consulted on this issue, and when we made
that inquiry we understood that the response was that this transfer was not required to be made in
order to close, if you will, last year's books or last year's budget which is what this refers to. At
our meeting last Friday concerning the City's financial statements at September 30, 1997, which
KPMG is about to opine on formally, this issue was again raised and this time, we understood
and they told us that this action was necessary, that is the reason we are bringing this before you,
now.
134 April 28, 1998
Commissioner Teele: OK, may I just inquire? There was a photo finish, if you will, based upon
the Oversight Board's financial advisor and the external auditor and all of us, sort of the budget
office in terms of whether or not our... we had a surplus. You may have come in a little bit late
on this issue. Is this the issues...? Or is this on top of...? What is the surplus with this amount
being nunc pro tunc, now for then being carried forward, what is the amount of the surplus that
we are carrying forward from last year, Sep... beginning October 1? I know we got one point
nine.
Mr. Dipak: That's inclusive. No, inclusive.
Commissioner Teele: Is this plus this or including?
Mr. Garcia -Pedrosa: No, no, this is included in that.
Mr. Dipak: Included.
Commissioner Teele: So, if we don't do this, we're out of balance?
Mr. Dipak: Absolutely right.
Commissioner Teele: So, but...
Mr. Garcia -Pedrosa: No, no. But they always... But we always knew about this and they did
too.
Commissioner Teele: I know, but I just think it's important for the Commission to know that if
you really want to extend the life of the Oversight Board one additional year, don't approve this.
Because the life of the Oversight is predicated on a balanced budget for "X" number of years.
Without this item auditedly out, the books would be out of balance. And what they are doing is
moving this from a special account into the General Fund so that there is no question that this
fund, these funds do mean that we have an excess and, therefore, we move one step further...
away from the Oversight Board. I...
Vice Chairman Plummer: Well, Commissioner Teele again, my problem is not with the
Oversight Board. My problem is with Peat Marwick Mitchell. You know, I am tired of them
having to retire with all of the goodies from the City of Miami. And I just think they have taken
us for a ride. I think they are taking advantage of us financially. And as you said, Mr. Manager,
don't let it happen that the auditing of this City does not go out for bid.
Mr. Garcia -Pedrosa: Goes out for what?
Vice Chairman Plummer: It goes out for bidding.
Commissioner Teele: At the end of their contract.
Vice Chairman Plummer: I can't do anything until then, maybe. But I just feel that they have
demonstrated to me, without question, that their involvement is dollars when they tried to hit us
for thirty thousand dollars ($30,000) to do a little knit thing for this City that you did in-house
and didn't cost anything. Hey, their day will come.
Commissioner Gort: Call the question.
Vice Chairman Plummer: Second. Ready. Roll call.
135 April 28, 1998
An Ordinance entitled -
AN EMERGENCY ORDINANCE TRANSFERRING SURPLUS FUNDS FROM
THE UTILITY SERVICE TAX SPECIAL REVENUE FUND, IN THE AMOUNT
OF $1,949,000, TO THE GENERAL FUND FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1997, FOR THE PURPOSE OF EFFECTUATING REQUIRED
BUDGETARY ADJUSTMENTS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort 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 Gort 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. 11648.
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.
136 April 28, 1998
----------------------------------------------------------------------------------------------------------------
43. APPROVE EMERGENCY ORDINANCE: AMEND ORDINANCE 11543 --
EXTEND AUTHORIZED TIME FOR VALET PARKING IN PUBLIC
RIGHTS -OF -WAY IN COCONUT GROVE -- FOR ADDITIONAL SIX
MONTHS.
Vice Chairman Plummer: Mr. Regalado, do not leave sir, your ordinance. Read it, Mr. City
Attorney.
Commissioner Gort: Oh, OK.
Vice Chairman Plummer: This is your ordinance, sir.
Commissioner Regalado: Thank you.
Vice Chairman Plummer: Moved by...
Commissioner Regalado: Me.
Vice Chairman Plummer: ... Regalado, seconded by Gort.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Just for the record, there is one organization, Mr. Regalado in the
Grove who was to provide valet services, they have not provided it, and they are going to be
brought back before this Commission at the next Commission meeting at the request of the
citizens of Coconut Grove. So, I just want you to know that the ordinance is being extended, but
the ones that are not really doing what they are supposed to be doing are going to be cited. Call
the roll.
137 April 28, 1998
An Ordinance entitled -
AN EMERGENCY ORDINANCE RELATING TO VALET PARKING IN
COCONUT GROVE; AMENDING ORDINANCE NO. 11543, ADOPTED
SEPTEMBER 9, 1997, BY EXTENDING THE TIME AUTHORIZED FOR
VALET PARKING IN THE PUBLIC RIGHTS -OF -WAY IN CERTAIN AREAS
OF COCONUT GROVE FOR AN ADDITIONAL SIX (6) MONTHS FROM THE
DATE OF THIS ORDINANCE; PROVIDING THAT ALL OTHER PROVISIONS
OF ORDINANCE NO. 11543 SHALL REMAIN IN FULL FORCE AND EFFECT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado and seconded by Commissioner Gort, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner 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 Regalado and seconded by
Commissioner Gort, 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. 11649.
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.
138 April 28, 1998
----------------------------------------------------------------------------------------------------------------
44. URGE UNITED STATES COAST GUARD TO MAINTAIN CLOSED
POSITION EAST BASCULE BRIDGE ON VENETIAN CAUSEWAY --
UNTIL WEST BASCULE BRIDGE IS COMPLETED ON SAID CAUSEWAY.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: I have a pocket that is an extreme emergency.
Commissioner Gort: We are going to do pocket items now?
Vice Chairman Plummer: Yeah, it's the end of the regular agenda. The problem exist is
Venetian Causeway. Venetian Causeway the east bridge is, of course, nonexistent today. We
made an arrangement with the City of Miami Beach Rescue and Fire to cover us from their side
when the east side of the bridge, I am sorry, the west side of the bridge was gone. And that we
would cover them when the east side of the bridge was gone and could not on the west side.
There was a temporary bridge that was there around a pending bridge which was removed the
minute the regular bridge got into effect. What happened was, I think about a week ago, a
person was affected medical... medically effected and the only bridge between the east side and
the west side was broken. And the rescue medical could not get to the individual because the
bridge was broken. The only thing we can do is request is request of the Coast Guard the
following resolution.
[AT THIS POINT, THE VICE CHAIRMAN READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: To my colleagues on the Miami City Commission, the people on
Venetian Causeway are living in constant fear of another medical emergency arising and that
bridge won't work.
Commissioner Teele: I second the motion.
Vice Chairman Plummer: OK. Is there any discussion? Mr. Manager, I urge you, sir, to make
this immediately known and take it to the Coast Guard, have somebody go over and plead the
case of the people over there. It's just unfortunate, but it happened. It was demonstrated in a
case where it was failed. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? It passes.
139 April 28, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-436
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, URGING THE UNITED STATES COAST GUARD TO
MAINTAIN THE EAST BASCULE BRIDGE ON THE VENETIAN CAUSEWAY IN
A CLOSED POSITION IN THE INTERESTS OF PUBLIC HEALTH, SAFETY, AND
WELFARE UNTIL THE WEST BASCULE BRIDGE ON THE VENETIAN
CAUSEWAY IS COMPLETED AND OPERABLE.
(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 Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Commissioner Tomas Regalado
----------------------------------------------------------------------------------------------------------------
45. GRANT EXEMPTION TO NOISE ORDINANCE -- FOR USA NETWORK
TELEVISION SERIES "SINS OF THE CITY" WITH CONDITION.
Commissioner Teele: Mister...
Vice Chairman Plummer: The Manager has asked me to present a pocket for him.
[AT THIS POINT, THE VICE CHAIRMAN READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Excuse me, "Sins of the City."
Mr. Jose Garcia -Pedrosa (City Manager): We don't control the name of the film.
Vice Chairman Plummer: Sir, I don't need to be "Chain -saw Harry" that I remember from
previous years.
Mr. Garcia -Pedrosa: It's better than Miami Vice.
Vice Chairman Plummer: Sir, who is the sins of what City?
Mr. Garcia -Pedrosa: This is a film that is being... is supposed to be filmed by...
140 April 28, 1998
Vice Chairman Plummer: I hear you. You are not hearing me.
Commissioner Teele: Mr. Chairman, I would move the item deleting the name of the movie.
Commissioner Hernandez: Second.
Vice Chairman Plummer: It's moved. The motion is, the motion is that he approves it, deleting
the name of the movie.
Mr. Garcia -Pedrosa: OK, let me...
Commissioner Teele: It's a film. It's going to be for that, but just...
Mr. Garcia -Pedrosa: OK, let me just clarify that they want to start shooting two days from today
at Jose Marti Park.
Commissioner Teele: I so move.
Mr. Garcia -Pedrosa: OK.
Vice Chairman Plummer: You heard that the...
Commissioner Teele: Deleting the name of the City. The film.
Vice Chairman Plummer: The name of the City shall be deleted.
Commissioner Teele: The name of the... Yeah.
Vice Chairman Plummer: OK, it's like scriveners asked me to be the circus director over in the
Orange Bowl, and I refused. I...
Mr. Garcia -Pedrosa: That's not a good name for a movie, though.
Vice Chairman Plummer: All in favor of...?
Commissioner Gort: What's the difference between that and funeral director?
Vice Chairman Plummer: There is a lot.
Commissioner Gort: Yeah.
Vice Chairman Plummer: All right, all in favor of saying yes, to "No Sin in the City" say "aye,"
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed?
141 April 28, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-437
A RESOLUTION DECLARING AN EXEMPTION FROM THE PROHIBITIONS
CONTAINING IN SECTION 36-4(A) OF THE CITY CODE (THE "NOISE
ORDINANCE") FOR DATES SPECIFIED HEREIN IN CONNECTION WITH THE
FILMING OF CERTAIN ACTION SEQUENCES FOR THE USA NETWORK
TELEVISION BEING PRODUCED BY SCREENWRITERS I PRODUCTIONS, INC.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Plummer, the resolution 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
----------------------------------------------------------------------------------------------------------------
46. DIRECT CITY MANAGER TO SURVEY SPRING GARDEN AREA -- FOR
TRAFFIC CONGESTION CAUSED BY CONSTRUCTION DONE BY
WATER AND SEWER AUTHORITY (WASA).
Commissioner Teele: Mister... Mr. Chairman.
Vice Chairman Plummer: Yes, sir. Mr. Teele. Under discussion. And I apologize that it's not
listed. In the Spring Garden area...
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: ... Mr. Manager, there is construction, water and sewer construction that
has been going on for the better part of six months. The entire road is not passable. Now, I
remember coming here and falling on the sword relating to Brickell water and sewer
construction, and we apologized into the City in saying we'd get it done and we wouldn't block
the City. The same rules, Mr. Public Works Director through the Manager, should apply. I
would specifically ask that someone from the Manager's office go out into the Spring Garden
area, survey the situation and file a complaint to Water and Sewer. We want to cooperate, but
clearly Water and... Our public right-of-ways generate revenues and commerce and Public
Works or Water and Sewer really should be paying the City damages, when they have used in a
prolonged time like that. And so, I would respectfully request that the Manager, or his designee,
undertake that and formalize a letter that files a complaint and I would like very much to be a...
notified of that, please.
142 April 28, 1998
Vice Chairman Plummer: Mr. Kay, you take note?
Mr. Jim Kay (Director/Public Works Department): Yes, sir.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
47. DIRECT CITY MANAGER TO HAVE PUBLIC WORKS REPAIR ROAD
SURFACE ON FRANKLIN AVENUE.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Mr. Kay, would you also, please take note on Franklin Avenue from
Main Highway to Douglas Road. Water and Sewer Department came in there and did some
things in the road. When you have a lump in a road which my big Cadillac can fall into to, I
think it demands your attention.
Mr. Jim Kay (Director/Public Works): Sir, that is a problem that we, just at the moment happen
to be working on. It's Citywide,. It's not just on Franklin Avenue. We're..
Vice Chairman Plummer: Sir, the patch that they put on that road is inadequate.
Mr. Kay: I know it is. We... they are being informed of that.
Vice Chairman Plummer: OK.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
48. DIRECT CITY MANAGER TO INFORM UTILITY COMPANIES THEY
MUST REPAIR SIDEWALKS DAMAGED DURING CONSTRUCTION
WORK -- FURTHER INSTRUCT MANAGER TO PURSUE CONSTRUCTION
COMPANIES DRIVING HEAVY EQUIPMENT OVER SIDEWALKS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: We are going to take...
Commissioner Gort: Wait a minute. Before you go on, I have pocket items.
Vice Chairman Plummer: Well, do it.
Commissioner Gort: Kuper, will you bring my pocket items? Before we go on, there is one
thing that I would like to see our Public Works somehow, I guess we have to issue a permit
whenever any utility company or any private company breaks into our sidewalks or streets. The
problem that I have had, I have seen it going through many of our streets and not fix it the way it
should be. And I think, somehow, we have got to make those people responsible. You
responded to a complaint that I gave you the other day...
Mr. Jim Kay (Director/Public Works Department): Yes, sir.
143 April 28, 1998
Commissioner Gort: ... in a particular area
after we get through with it. Thank you.
Mr. Kay: Yes, sir.
think, somehow, we have got to inspect that right
Vice Chairman Plummer: OK, and Mr. Kay, you know, somewhere along the line
Commissioner Teele has addressed the problem of the problem of sidewalks. Sir, almost every
construction job in this City is damaging sidewalks. Some way or another, if we are going to
stop some of these lawsuits, we have got to make these people who are running bulldozers and
12-yard dump trucks and everything else over sidewalks that they are going to be responsible,
because it's costing us a small fortune.
END OF DISCUSSION -- NO ACTION TAKEN
49. EXPRESS SOLIDARITY WITH HONDURAN COMMUNITY FOR UNJUST
TREATMENT BY IMMIGRATION AND NATURALIZATION SERVICES
(INS).
Vice Chairman Plummer: All right. Mr. Gort, pocket. Excuse me. Mutiny. Who is Mutiny?
Have you got anything to setup? Start setting it up now. You are not on, but start setting up
what you have got to do. Mr. Gort, pocket.
Commissioner Gort: Ah, yes. Yes, I received a call from other cities. They passed a resolution
to the unjust immigration status of the Honduran community residing in the United States in
particular, in the City of Miami. It's a resolution, support to...
Vice Chairman Plummer: Is there a second?
Commissioner Teele: Second.
Vice Chairman Plummer: Is there any discussion? Show a unanimous vote.
The Commission (Collectively): Aye.
144 April 28, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-438
A RESOLUTION STRONGLY URGING THE GOVERNMENT OF THE UNITED
STATES TO FIND A SOLUTION AND PROVIDE IMMEDIATE RELIEF FOR THE
UNJUST IMMIGRATION PRACTICES AS IT PERTAINS TO THE HONDURAN
PARENTS OF UNITED STATES CITIZENS; DIRECTING THE CITY CLERK TO
IMMEDIATELY TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED 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 Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
----------------------------------------------------------------------------------------------------------------
50. RECOMMEND ENGAGEMENT OF HOLLAND AND KNIGHT AS BOND
COUNSEL FOR DEPARTMENT OF OFF STREET PARKING.
Vice Chairman Plummer: Any other pocket items?
Commissioner Gort: I have got another one. If you recall, we requested from the Department of
Off-street Parking to hire the bond counsel that we had. But unfortunately, they responded, they
sent us a letter stating that they have a conflict of interest.
Vice Chairman Plummer: Who do you recommend?
Commissioner Gort: Holland and Knight which is the next in line for the...
Vice Chairman Plummer: Is there a second?
Commissioner Teele: Second.
Vice Chairman Plummer: Any discussion? Show a unanimous vote. No wait a minute...
Commissioner Gort: Thank you.
Vice Chairman Plummer: ... that is in concert with the City Attorney.
145 April 28, 1998
Commissioner Gort: That's a...
Vice Chairman Plummer: It will be in concert with the City Attorney.
Commissioner Gort: That's tine. Yes, no problem.
Vice Chairman Plummer: All right.
Commissioner Teele: Subject to the advice... Subject to the concurrence by...
Vice Chairman Plummer: Of the City...
Commissioner Teele: the City Attorney.
Commissioner Gort: Sure. Right.
Vice Chairman Plummer: Right, OK.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-439
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE
SERVICES OF THE LAW FIRM OF HOLLAND & KNIGHT AS OUTSIDE BOND
COUNSEL TO REVIEW THE DEPARTMENT OF OFF-STREET PARKING'S
(DOSP) BOND DOCUMENTS.
(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 Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
146 April 28, 1998
----------------------------------------------------------------------------------------------------------------
51. DIRECT ADMINISTRATION TO CONTACT FLORIDA DEPARTMENT OF
TOURISM TO INCLUDE CITY LOCATIONS IN STATE OF FLORIDA
TOURISM ADVERTISING CAMPAIGN -- FURTHER REQUEST THAT
CITY LEGISLATIVE LIAISON WORK WITH CITY DELEGATION IN
STATE LEGISLATURE TO PROMOTE CITY ATTRACTIONS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Any other pockets, Mr. Regalado?
Commissioner Regalado: I have two pocket items. One has to deal with... The State of Florida
will begin an advertising campaign to encourage residents of Florida to visit a state tourist
attraction. This is a campaign... They're spending one million three hundred thousand dollars
($1,300,000) and of course, you have to know by now that they're going to advertise Orlando.
So, by this pocket item I am directing the administration to get in touch with the Florida
Department of Tourism and find... find out what areas of the state will be advertised in this in-
house...
Vice Chairman Plummer: Seconded by the Chair. Any further discussion? All in favor say
"aye.
The Commission (Collectively): Aye.
Commissioner Regalado: Now the...
Vice Chairman Plummer: Any opposition? Show unanimous.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-440
A MOTION DIRECTING THE ADMINISTRATION TO CONTACT THE FLORIDA
DEPARTMENT OF TOURISM TO GATHER DETAILS OF THE ADVERTISING
CAMPAIGN TO PROMOTE FLORIDA TOURIST ATTRACTIONS; FURTHER
DIRECTING THE MANAGER TO REQUEST THE STATE TO PROMOTE
DIFFERENT LOCATIONS WITHIN THE CITY OF MIAMI (BAYSIDE, COCONUT
GROVE, DOWNTOWN, LITTLE HAVANA AND OTHER HISTORIC SITES); AND
FURTHER DIRECTING THE MANAGER TO COME BACK WITH A
RECOMMENDATION TO THE COMMISSION.
147 April 28, 1998
Upon being seconded by Commissioner Plummer, 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 Regalado: The other...
Commissioner Teele: On the item... On that item, I would also ask that the City Manager's
designee, governmental liaison designee, work with the State Legislature, the City delegation as
well on that because ultimately those folks are going to listen the State Senators and the State
House members as much as anyone else, so...
Commissioner Regalado: I... I think you know, we at least deserve some money to advertise
Coconut Grove, Bayside, you know the different areas of the City.
----------------------------------------------------------------------------------------------------------------
52. DIRECT CITY MANAGER TO STUDY MAPPING PROCESS DEVICE
APPLIED BY ST. PETERSBURG, FLORIDA, TO DETER PROSTITUTION.
Vice Chairman Plummer: Second item.
Commissioner Regalado: The other pocket item?
Vice Chairman Plummer: Yeah.
Commissioner Regalado: OK, it's a... This is a mapping process. This is a device that is
currently being applied in the City of St. Petersburg in Florida to deter prostitution. I propose a
motion directing the administration to study the implementation of this process in the City of
Miami and report back to the City Commission in about 30 to 60 days. And the reason, I got this
from St. Petersburg and it is working very good. Prostitution has been deterred by 50 percent
and what it is, very briefly, it's... It's a map. Any... any woman arrested on prostitution charges
is mapped and when she's seen in that area, she's arrested again for several charges. And you
will find all the details here. It's legal. It's been approved by...
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: Is there any further discussion? Under discussion, Mr. Regalado. I
think it was while you were absent for whatever reason this morning. I have asked the City
Attorney and the City Manager to come back about Channel 9 and to be on there as we were
before with the arrests for prostitution and also for drugs. I am not sure that I personally want to
148 April 28, 1998
see it when they are arrested because they're innocent until proven guilty, but once they're
proven guilty, I think we ought to have them on there for 30, 60 or 90 days, to let their fellow
friends... citizens and neighbors know what kind of people are living next door. So, just to add
that to it. All in favor of the pocket item say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Everybody say "nay."
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-441
A MOTION DIRECTING THE CITY MANAGER TO STUDY MAPPING PROCESS
DEVICE CURRENTLY BEING APPLIED IN THE CITY OF ST. PETERSBURG,
FLORIDA, TO DETER PROSTITUTION; FURTHER DIRECTING THE MANAGER
TO MAKE A RECOMMENDATION FOR THE IMPLEMENTATION OF SAID
PROCESS IN THE CITY OF MIAMI, AND REPORT BACK TO THE COMMISSION
WITHIN 30-60 DAYS.
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.
----------------------------------------------------------------------------------------------------------------
53. (A) DIRECT CITY MANAGER TO PROVIDE COMMISSIONERS WITH
CHART LISTING ALL STATE AND COUNTY ROADS RUNNING
THROUGH CITY.
(B) DIRECT CITY MANAGER TO APPEAR BEFORE METROPOLITAN
PLANNING ORGANIZATION (MPO) TO REQUEST THAT N.E.
SECOND AVENUE, FROM 36 STREET NORTH TO CITY LINE,
AND 17 AVENUE BE CONSIDERED HIGH PRIORITY FOR STATE
FUNDING -- FURTHER REQUEST FUNDS FOR
RECONSTRUCTION THAT WOULD INCLUDE PUBLIC ART
RECOGNIZING HAITIAN COMMUNITY.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Can we take a five-minute break?
Commissioner Teele: May I have a pocket item, please?
Vice Chairman Plummer: I am sorry. I am sorry. Please, Mr. Teele.
149 April 28, 1998
Commissioner Teele: Mr. Chairman, two things very quickly. I would ask to the Manager that a
list of all of the State roads and County roads that run through the City be made available in a
chart form for the entire Commission within the next 60 days or so, because I really do think that
we are not being treated fairly. I am specifically moving this pocket item...
Vice Chairman Plummer: Boy, that's the truth.
Commissioner Teele: ... which is a resolution requesting that the City Manager or his designee
appear before the MPO (Metropolitan Planning Organization) in May, which is next Tuesday,
and to request that Northeast 2nd Avenue 36th Street, north to the City line as well as 17th
Avenue be considered a high priority for funding, and that the Manager will request a... an
amount of money that is representative of the reconstruction including public art that recognizes
the Haitian culture. And, further that the Manager and the CRA (Community Redevelopment
Agency) which has staff working in the area, and in engineering would device a method of
coming up with the cost estimates for the Manager. I would move that first.
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded by? Seconded by Gort. Any further discussion? All in
favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-442
A RESOLUTION DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO
APPEAR BEFORE THE METROPOLITAN PLANNING ORGANIZATION ("MPO")
IN MAY TO REQUEST THAT NORTHEAST 2ND AVENUE, FROM 36TH STREET,
NORTH TO THE CITY LINE, BE CONSIDERED A HIGH PRIORITY FOR
STATE/MPO FUNDING AND THAT $65,000,000 MILLION DOLLARS BE
EARMARKED FOR RECONSTRUCTION, INCLUDING PUBLIC ART THAT
RECOGNIZES THE HAITIAN CULTURE; FURTHER, DIRECTING THE CITY
MANAGER TO PROVIDE A COST ESTIMATE, WITHIN SEVENTY-TWO HOURS
FORM THE ADOPTION OF THIS RESOLUTION, BY THE DEPARTMENT OF
PUBLIC WORKS, AND A SECOND ESTIMATE BE PROVIDED BY AN
ENGINEERING/ARCHITECTURAL CONSULTANT TO THE COMMUNITY
REDEVELOPMENT AGENCY ("CRA"); FURTHER, SAID COST ESTIMATES
SHOULD INCLUDE SIGNAGE, SIDEWALK, DRAINAGE, REPAVING,
LANDSCAPING AND ALL OTHER COSTS ASSOCIATED WITH THE COMPLETE
RECONSTRUCTION OF NORTHEAST 2ND AVENUE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
150 April 28, 1998
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
54. DIRECT MANAGER TO STUDY PARKS IN LITTLE HAITI -- PRESENT
PLAN TO ENSURE HAVING PARK IN LITTLE HAITI, POSSIBLY USING
INACTIVE PARKING PARCEL.
----------------------------------------------------------------------------------------------------------------
Commissioner Teele: Mr. Chairman, and also, I would ask in a motion that the Manager and the
Parks Department evaluate the parks in Little Haiti, and to present a plan to ensure that there is at
least a comparable, comparable to other areas of not less than eight acres of park. Mr. Mayor,
Mr. Chairman, Mr. Manager, there is not one park in Little Haiti. There is a Buena Vista Park
on Northwest 2nd Avenue that has a basketball court. But, between the railroad track and 95...
It is really hard to believe that somehow along...
Vice Chairman Plummer: Excuse me. Would somebody, please go out and tell the party out in
the hallway that second meetings are outside of the building, and we ask for courtesy of the
speaker.
Commissioner Teele: And, I have raised this with the Parks Director. You know, it's the kind of
thing that just sort of slips through the cracks, and we can't change it overnight. But, we, at
least, need to recognize it, and begin an intelligent plan to move forward. I would also, further
request that the Manager and Off-street Parking develop a "use plan" or a transfer to the Parks
Department of any inactive parking parcels that may be appropriate depending upon what the
Manager and Off-street Parking...
Vice Chairman Plummer: You are asking that to be done in the study?
Commissioner Teele: As a part of the study.
Vice Chairman Plummer: Yes.
Commissioner Teele: And, I would so move.
Commissioner Gort: Second.
Vice Chairman Plummer: Show the Chair seconds the motion. All those in favor say "aye."
The Commission (Collectively): Aye.
151 April 28, 1998
Vice Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-443
A MOTION DIRECTING THE CITY MANAGER TO CONDUCT A STUDY WITH
THE DESIGNATED PARKS DEPARTMENT STAFF TO EVALUATE PARKS IN
THE LITTLE HAITI AREA; FURTHER DIRECTING THE MANAGER TO
PRESENT A PLAN TO ENSURE THAT THERE IS AT LEAST A PARK,
COMPARABLE TO OTHER AREAS, OF NOT LESS THAN EIGHT ACRES IN
LITTLE HAITI; FURTHER DIRECTING THE MANAGER TO DEVELOP A USE
PLAN IN CONJUNCTION WITH THE DEPARTMENT OF OFF-STREET PARKING
FOR TRANSFER TO THE CITY'S PARKS DEPARTMENT OF ANY INACTIVE
PARKING PARCEL WHICH MAY BE APPROPRIATE FOR THE
AFOREMENTIONED PROPOSED PARK.
Upon being seconded by Vice Chairman Plummer, 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.
---------------------------------------- -----------------------------------------------------------------------
55. BRIEF COMMENTS REGARDING POOL CLOSURE AT VIRRICK PARK --
DIRECT CITY MANAGER TO DEVELOP PLAN ROTATING USE OF
PARKS WITH POOLS TO ENSURE THEM OPEN FOR MORE THAN TWO
MONTHS.
Vice Chairman Plummer: Mr. Manager, I have one other item, it's not really a pocket. The
people of West Grove last night asked about the pool at Virrick Park. They are saying that we
have two parks that only have year round pools. That why isn't it rotated that all of the parks
would be open on a rotated basis rather than just Shenandoah Park and... Hadley? Javier, what
are the two that are opened year round? There's two opened year round.
Unidentified Speaker: Jose Marti...
Commissioner Gort: Jose Marti and Hadley.
Vice Chairman Plummer: Jose Marti and Shenandoah.
Unidentified Speaker: No, Hadley.
Commissioner Gort: No, Hadley Park.
152 April 28, 1998
Vice Chairman Plummer: Whatever the two are, they are asking that consideration for rotation
be given to all of the pools so that Virrick Park could be opened more than two months in the
summer months and that they even would like to maybe try to find certified lifeguards to assist
you in keeping the parks open. I think it's a legitimate request. I would ask for you to give me
an answer in writing...
Mr. Jose Garcia -Pedrosa (City Manager): Definitely.
Vice Chairman Plummer: ... that you are going to do it, or the reason why you can't.
Mr. Garcia -Pedrosa: Let me comment on that briefly, if I may?
Vice Chairman Plummer: No sir, you can't. You'll do it in your memo. Thank you, we're
taking a five minute recess. And I mean five minutes.
END OF DISCUSSION -- NO ACTION TAKEN
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:12 P. M., AND RECONVENED AT 4:17 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT EXCEPT COMMISSIONERS GORT,
HERNANDEZ AND REGALADO.
----------------------------------------------------------------------------------------------------------------
56. GRANT MAJOR USE SPECIAL PERMIT FOR MUTINY II
CONDOMINIUMS -- LOCATION: 2889 McFARLANE ROAD & 2951 SOUTH
BAYSHORE DRIVE -- APPLICANT: MUTINY ON THE BAY, LTD.
Vice Chairman Plummer: Is the applicant here from Belafonte Tacolcy?
Commissioner Teele: Tacolcy. Belafonte Tacolcy. Mr. Lorenzo?
Vice Chairman Plummer: Is the applicant here?
Commissioner Teele: Lorenzo Simmons? He was here a second ago.
Vice Chairman Plummer: Houdini [phonetic] has disappeared. We are now on item two. I'll
switch back the minute he gets here. Where is Regalado?
Commissioner Teele: Right here.
Vice Chairman Plummer: Tomas, Venga. All right, anyone wishing to testify on item PZ-2,
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.
Ms. Lucia Dougherty: I do.
153 April 28, 1998
Vice Chairman Plummer: OK. Ms. Dougherty, state your name, your mailing address, and you
have got at least two minutes.
Ms. Dougherty: Lucia Dougherty with offices at 1221 Brickell Avenue, here today on behalf of
the owners of the property.
Vice Chairman Plummer: Wait. Whoa, whoa, whoa. Ladies and gentlemen, we can only have
one meeting at a time. If you feel compelled that you must speak to your neighbor we would ask
you to go outside and do it as a matter of courtesy to the speaker. I thank you. Mrs. Dougherty.
Ms. Dougherty: Here, today on behalf of the owners of the property. With me is Ricardo
Denine [phonetic] and Omar Morales. Also my partner Adrienne Pardo. You may recall that
this property was abandoned almost for ten years and it's because it was burdened by four
different zoning districts. An SD-2; an SD-17; an SD-19 and an office district. And finally, we
have a developer, frankly, that is very resourceful and creative.
Vice Chairman Plummer: Excuse me. I am sorry. Do we have any policemen here, to go and
clear out the hallways? I would like to hear what the speaker is speaking about. Now, we have
got policemen and we've got public service aides and everybody out there is supposed to be in
here sitting down or outside, Captain.
[NOTE FOR THE RECORD: COMMISSIONERS GORT AND REGALADO ENTERED THE
CHAMBERS AT 4:20 P.M., AND 4:21 P.M. RESPECTIVELY.]
Police Captain Longueira: I just shut the doors.
Vice Chairman Plummer: Do you have any help here?
Police Captain Longueira: Yes.
Vice Chairman Plummer: I mean, do you hear what I hear?
Police Captain Longueira: Yes, and that's why I shut the doors, hoping that will help.
Vice Chairman Plummer: Shutting the doors is not doing it.
Commissioner Gort: Get them out.
Vice Chairman Plummer: Get them out. Either invite them in to have a seat or tell them bye
bye. Now enough. Sir, to the both of you, there is no extra charge for a seat. Please come in
and have a seat. Thank you. Continue.
Ms. Dougherty: Anyway, we have finally found a developer who is a very resourceful and
creative one who has devised a methodology of taking an old and decrepit building and making
it look like a brand new and beautiful building. He has also purchased the Murray Diamond site
and has created a second building, and that is the subject of this Major Use Special Permit. You
may recall, there was some issues dealing with the grave site which is on this particular... The
grave site issue was one... one that was... raised some issues with Civic Association, et cetera.
And we have actually moved our building away from the grave site leaving a 50 foot setback
between the Womens' Club and the library. We have raised the building up about four stories as
a result of moving it back. So this rendering is slightly modified. In other words, this building is
four stories taller but it's cutoff this much in the perspective. This building is then, also, cutoff
this way. So, from McFarlane, this is the view from McFarlane. This building is actually
154 April 28, 1998
shorter this way and shorter this way, but about four stories taller. This project has been through
the Large Scale Development Committee, the UDRB (Urban Development and Review Board),
the Planning Board, the Zoning Board, all have recommended approval along with your staff and
we would urge your approval of this Major Use Special Permit.
Vice Chairman Plummer: Anyone wishing to speak for or against the project? If you will come
forward, ma'am. Were you sworn before?
Ms. Beryl Taylor: Yes. Yes, sir.
Vice Chairman Plummer: If you will give us your name and your mailing address, please? You
have two minutes.
Ms. Taylor: My name is Beryl Taylor and I am the president of the Womens' Club of Coconut
Grove and our address is 2985 South Bayshore Drive, and I am representing the Club, and we
are... we approve of the... of this proposal by the Mutiny.
Vice Chairman Plummer: It's nice to hear.
Ms. Taylor: Thank you. Is that it?
Vice Chairman Plummer: That's it. If you got... I don't know what else you could say beyond
that. That says it all. Anyone else wishing to speak? I don't know why you need rebuttal.
Commissioner Gort: Well being...
Vice Chairman Plummer: Motion.
Commissioner Gort: Being the area in Coconut Grove, we don't have anyone in opposition
which is a miracle. You must have done a great job. So, I move for approval.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: Sir. OK.
Mr. Francisco Garcia (Principal Land Development Specialist/Planning and Development
Department): I am sorry, sir. Briefly for the record. Francisco Garcia with the Department of
Planning and Development. Our recommendation as well as for approval subject to the
conditions that are in your packet, sir.
Commissioner Gort: To the conditions, of course, yes.
Vice Chairman Plummer: You are aware Ms. Dougherty of the conditions?
Ms. Dougherty: We are. We...
Vice Chairman Plummer: You concur?
Ms. Dougherty: We accept those conditions.
Vice Chairman Plummer: OK. Is this an ordinance or is it...?
Mr. Walter J. Foeman (City Clerk): It's a resolution.
155 April 28, 1998
Commissioner Gort: Resolution.
Vice Chairman Plummer: Is the motion understood? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show it passing.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-444
A RESOLUTION WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE MUTINY CONDOMINIUMS PHASE
II PROJECT, TO BE LOCATED AT APPROXIMATELY 2889 McFARLANE ROAD
AND 2951 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; TO BE COMPRISED
OF A PLANNED UNIT DEVELOPMENT PROJECT WITH APPLICABLE
INCREASED FLOOR AREA RATIO BONUSES, CONSISTING OF 211 UNIT
APARTMENT/HOTEL, ACCESSORY FUNCTION AND COMMERCIAL/RETAIL
SPACES AND 700 PARKING SPACES; DIRECTING TRANSMITTAL OF THE
HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
(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
156 April 28, 1998
----------------------------------------------------------------------------------------------------------------
57. UPHOLD ZONING BOARD RECOMMENDATION FOR OFFICIAL
VACATION AND CLOSURE OF PUBLIC RIGHT OF WAY -- LOCATION:
NW 63 STREET BETWEEN NW 6 AVENUE AND 7 AVENUE --
APPLICANT: BELAFONTE TACOLCY CENTER, MICKENS STATES,
TACOLCY ECONOMIC DEVELOPMENT CORPORATION -- PERSONAL
APPEARANCE; LORENZO SIMMONS.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item PZ-3 is Dade County. We have already done that. It's the
Performing Arts.
Mr. Walter J. Foeman (City Clerk): PZ-3 has already passed.
Vice Chairman Plummer: PZ-4. The Grove Holdings.
Commissioner Teele: Could we take up six real fast?
Vice Chairman Plummer: I am sorry, PZ-6. It was a request. Is the applicant here?
Commissioner Teele: Six. Come on Mr. Simmons.
Vice Chairman Plummer: Six. Is the applicant here?
Mr. Lorenzo Simmons: Yes.
Vice Chairman Plummer: What do you want to do, sir? Have you been sworn?
Mr. Foeman: No.
Mr. Simmons: No.
Mr. Foeman: Raise your right hand.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Simmons: I do. My name is Lorenzo Simmons. I am the president of Tacolcy Economic
Development, and we're before the Commission today to re...
Vice Chairman Plummer: Is there any opposition? Mr. Teele, you have motion?
Commissioner Teele: So moved.
Commissioner Gort: Second.
Vice Chairman Plummer: Is there a second? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Sir, you're winner. Thank you. Good-bye.
157 April 28, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-445
A RESOLUTION WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING FOR PUBLIC USE THE PORTION OF
NORTHWEST 63RD STREET, AND NORTHWEST 6TH AND NORTHWEST 7TH
AVENUES, MIAMI, FLORIDA, MORE PARTICULARLY LEGALLY DESCRIBED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
Commissioner Teele: Was Public Works allright with this?
Mr. Jim Kay (Director/Public Works Department): I just want to state that the Plat and Street
Committee has met on this item and we recommended that the vacation and closure be in
conjunction with the plat... conditions.
Vice Chairman Plummer: So they have no objection?
Commissioner Gort: Right.
----------------------------------------------------------------------------------------------------------------
58. APPROVE MAJOR USE SPECIAL PERMIT FOR RITZ-CARLTON
PROJECT -- LOCATION: 3300 & 3350 SW 27 AVENUE 2701 S. BAYSHORE
DRIVE & TIGERTAIL AVENUE -- APPLICANT: GROVE MIAMI
HOLDINGS, INC. COCONUT GROVE BANK & GROVE COMPCO.
NOTE FOR THE RECORD: Commissioner Hernandez entered
the Commission Chambers at 4:26 p.m.
Vice Chairman Plummer: Item four. Ritz Carlton Hotel on 27th Avenue. What a great addition
to this community. Anyone wishing to testify on this issue, please stand up at this time and be
sworn.
158 April 28, 1998
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.
Vice Chairman Plummer: Ms. Dougherty. Boy, you are retiring today.
Mr. Lucia Dougherty: If I don't die first, yes.
Vice Chairman Plummer: State your name and mailing address for the record. You have two
minutes.
Ms. Dougherty: Lucia Dougherty, offices at 1221 Brickell Avenue. Here today with Adrienne
Pardo representing the owners and the applicant. With us is Neil Fisher. John Nickels is the
architect. Neil Fisher representing the owner, the McCann Group. This was an amazing
property acquisition, because as you may know, it's not just one site, but several sites. In fact,
there were forty-nine owners that had to be purchased including one condominium and eight
different parcels, and they were able to do this over a period of one year. So, that kind of
acquisition in this area was pretty amazing to get accomplished and so, now we're coming before
you for a Major Use Special Permit for the Ritz -Carlton as you know, which includes a
residential tower as well as a hotel. We have met with the Civic Association and...
Vice Chairman Plummer: You know, you'll have two minutes to rebuttal, right?
Ms. Dougherty: No, I am not going to rebut anything, because we're not going to have any
rebuttal. We have met with the... We have met with the Civic Association and we have met
with their concerns, and this is what I need to put on the record. We have given you some
scrivener's, errors and some modifications of the Major Use Special Permit that are necessary to
meet the concerns of some of these citizens. We have given that to your City Attorney, and
Adrienne is going to pass a copy to you as well. Part of the issues that... that the Civic
Association had was, how are we going to dispose of the trees on the site which are in an
environmental preservation district? In lieu of actually transplanting, root pruning, moving and
relocating the trees, what we have agreed to do is pay the Truman [phonetic] Trust in Coconut
Grove, five hundred thousand dollars ($500,000) to actually plant trees in Coconut Grove,
including on part of our right-of-way, not right-of-way, but including part of the 27th Avenue all
the way from Dixie Highway down to our site they have agreed to landscape. So we think that
this is a reasonable agreement and we would urge your approval of this request.
Vice Chairman Plummer: Anybody else wishing to speak to the issue? Anyone else wishing to
speak to the issue? Is there any rebuttal?
Mr. Francisco Garcia (Principal Land Development Specialist/Planning Department):
Commissioner?
Vice Chairman Plummer: Are you aware of the conditions?
Ms. Dougherty: We are.
Vice Chairman Plummer: Do you want to make any voluntary covenant? I am sorry. Sir.
Mr. Garcia: Brief statement for the record, sir. I believe the City Commission and I will defer to
the City Attorney on this. But I believe the City Commission needs to supersede a pre... a prior
159 April 28, 1998
decision by the Urban Development Review Board which was a Certificate of Approval for the
Mitigation Program. I believe that has been now substituted by this private agreement they have
entered into it.
Ms. Dougherty: That is correct.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Garcia: And we agree to it.
Mr. Joel Maxwell, Esq. (Assistant City Attorney): Well, they wouldn't be superseding the
Urban De... UDRB (Urban Development Review Board) decision. It would be the Planning
Director's acceptance of that.
Mr. Garcia: In that case, in particular, the Urban Development Review Board was acting as the
Historic and Environmental Preservation Board and issued a Certificate of Approval...
Mr. Maxwell: OK.
Mr. Garcia: ... which is final, in and of itself, accepted if superseded by the City Commission.
Mr. Maxwell: So you... On the record, clearly state what it is that you are asking them to do.
Mr. Garcia: Yes, sir. Basically, the Urban Development Review Board granted a Certificate of
approval based on a Mitigation Program they submitted to the UDRB. This private agreement as
I understand it, now supersedes that Mitigation Program. The City is, or staff anyway is, happy
with it and we submit to you that you should act thus.
Vice Chairman Plummer: Ms. Dougherty.
Ms. Dougherty: Oh, yes, we do have a proffer that we would like to make in connection with the
next item which is a street closure.
Vice Chairman Plummer: That will be fine. Sir. Sir. Madam.
Commissioner Gort: Move it.
Vice Chairman Plummer: All right, there is a motion -moved on PZ-4.
Commissioner Hernandez: Second.
Commissioner Regalado: Question. Just a question.
Vice Chairman Plummer: Excuse me?
Commissioner Regalado: Question.
Vice Chairman Plummer: The conditions are accepted. Wait a minute, let me get a second to
the motion.
Commissioner Hernandez: Second.
Vice Chairman Plummer: Second the motion. Now, Mr. Regalado.
160 April 28, 1998
Commissioner Regalado: The Public Works Department, Lucia... The Public Works
Department will be working with the Tree Committee to decide...
Ms. Dougherty: The Public Works... All of the trees will be on public right-of-way, so the
Public Works Department must approve any of these tree planting.
Vice Chairman Plummer: Is this a resolution or an ordinance?
Mr. Maxwell: It's a resolution.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-446
A RESOLUTION WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9,13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE RITZ CARLTON PROJECT TO BE
LOCATED AT APPROXIMATELY 3300 SOUTHWEST 27TH AVENUE, MIAMI,
FLORIDA, TO BE COMPRISED OF A PLANNED UNIT DEVELOPMENT PROJECT
WITH APPLICABLE INCREASED FLOOR ARE RATIO BONUSES, CONSISTING
OF 250 HOTEL ROOMS, 208 RESIDENTIAL UNITS, ACCESSORY FUNCTION
AND COMMERCIAURETAIL SPACE AND 564 PARKING SPACES; DIRECTING
TRANSMITTAL OF THIS RESOLUTION AS DESIGNATED HEREIN, MAKING
FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; AND CONTAINING A SEVERABILITY CLAUSE 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 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.
Vice Chairman Plummer: PZ-5 is the closing of the street.
Mr. Maxwell: Yeah, the... Mr. Vice Chairman.
Vice Chairman Plummer: Sir.
Mr. Maxwell: Ms. Dougherty, you...
Vice Chairman Plummer: Ms. Dougherty.
Ms. Dougherty: Yes, sir.
161 April 28, 1998
Mr. Maxwell: Pardon me, we just... As pointed out, we just need the record to be abundantly
clear that you did accept all the conditions.
Vice Chairman Plummer: I asked that question.
Mr. Maxwell: Yeah.
Vice Chairman Plummer: She said, "yes."
Ms. Dougherty: All the conditions except for 16 which is removed because in lieu of the new
proffer.
Mr. Maxwell: OK.
Vice Chairman Plummer: OK.
----------------------------------------------------------------------------------------------------------------
59. APPROVE OFFICIAL VACATION AND CLOSURE OF PUBLIC RIGHT OF
WAY -- FOR PORTION OF CORNELIA DRIVE AND GREENWOOD
ROAD -- LOCATION; 3300 SW 27 AVENUE 2701 S. BAYSHORE DRIVE &
TIGERTAIL AVENUE -- APPLICANT: GROVE MIAMI HOLDINGS, INC.
COCONUT GROVE BANK & GROVE COMPCO.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: PZ-5 is the closing of the street on Cornelia Drive.
Ms. Lucia Dougherty: Yes, sir.
Mr. Jim Kay (Director/Public Works): The Planned Street...
Ms. Dougherty: We have passed that, a new legal description because the one in your package is
incorrect because it actually has all of the properties, and not just simply the street, the legal
description for the street. So that legal description is now substituted, and we would be pleased
and hope that you would accept one hundred and fifty thousand dollars ($150,000) to go to
Gusman in lieu of this street closure. Fifty thousand dollars ($50,000) to be paid for... by May, I
believe and the remaining amount to be paid in October. Is that right?
Commissioner Regalado: One hundred thousand dollars ($100,000)?
Vice Chairman Plummer: One hundred and...
Commissioner Regalado: Is this.... is this until to cover until September or passed September?
Vice Chairman Plummer: This will be for whatever is necessary to keep Gusman open until I
can find someone else who is just as generous. To be honest with you, I can't answer it,
Regalado. I am saying to you, that this is... When I spoke with them and they asked about
something that they could do in the community spirit, Gusman was the thing that we were
discussing at the time. And I asked them that Mr. Cook had said that they were needing
approximately one hundred and fifty thousand dollars ($150,000) and this monies would go
towards them. I proffered it to Ms. Dougherty. She brought it to the attention of the... of the
developers and came back and said they would be tickled pink to be cooperative and a
community citizen.
162 April 28, 1998
Ms. Dougherty: Mr. Chairman, I would like to introduce my client, Neil Fisher, who is this very
generous developer.
Vice Chairman Plummer: Now that's going to cost you another one.
Mr. Walter J. Foeman (City Clerk): I have to swear him in.
Mr. Stuart Fisher: Mr. Plummer, it's very nice to be here. I want to thank everybody on behalf
of the City of Miami that we're very excited about this Ritz Carlton.
Vice Chairman Plummer: How soon, sir?
Mr. Fisher: How soon will it be built?
Vice Chairman Plummer: How soon will you be breaking ground? How soon will we be there
for the opening of the door?
Mr. Fisher: We expect to break ground within the next 30 to 35 days. Approximately 18 months
to build to open up the door for our grand opening.
Vice Chairman Plummer: Can you make it 15 months, I run in 18?
Mr. Fisher: I would like to, but I don't think that's possible.
Vice Chairman Plummer: I'm kidding, of course. Sir, on behalf of the City and on behalf of
Gusman Hall, I would like to personally thank you for your volunteer contribution to that.
Gusman is a very big treasure of this community. You should have the feeling that you have
done something that is very, very worthwhile, and also, I happen to be aware that you are trying
to do whatever you can for the Boys Club of Southwest Miami. And, without any commitment
whatsoever, they're calling me telling me what a great guy you are. I said, hey, I am already
voting for the guy, you don't need to tell me no more. But thank you for being involved in the
community.
Mr. Fisher: Thank you, sir. We're happy to be here.
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? None.
Mr. Foeman: Vice Chairman Plummer, I need a mover and a seconder on it.
Vice Chairman Plummer: PZ-6.
Ms. Dougherty: Thank you, very much.
Mr. Fisher: Thank you.
Mr. Foeman: For PZ-5.
Vice Chairman Plummer: I am sorry.
163 April 28, 1998
Mr. Foeman: I needed a mover and a seconder.
Vice Chairman Plummer: Who has a question?
Mr. Foeman: I did.
Commissioner Regalado: Second.
Vice Chairman Plummer: Who has a question?
Commissioner Gort: Never mind.
Commissioner Regalado: You need to...
Vice Chairman Plummer: All right. PZ-6 has been done.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-447
A RESOLUTION WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING FOR PUBLIC USE THE PORTION OF
CORNELIA DRIVE AND GREENWOOD ROAD, MIAMI, FLORIDA, MORE
PARTICULARLY LEGALLY DESCRIBED 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.
164 April 28, 1998
----------------------------------------------------------------------------------------------------------------
60. DENY APPEAL OF ZONING BOARD DECISION WHICH DENIED SPECIAL
EXCEPTION TO PERMIT USED CAR SALES IN C-1 RESTRICTED
COMMERCIAL DISTRICT -- LOCATION; 916 NE 79 STREET --
APPLICANT; SONNY NETKIN.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: We're now, PZ-7.
Mr. Jose Garcia -Pedrosa (City Manager): Moved to make a...
Mr. Joel E. Maxwell, Esq. (Assistant City Attorney): Seven, yeah, it was continued.
Vice Chairman Plummer: What? Seven -A and B have been moved, right? Transferred over,
and PZ-8 is likewise? Is that correct?
Ms. Lourdes Slazyk (Assist. Director/Planning and Development): We up to 12.
Vice Chairman Plummer: We're now on PZ-9.
Commissioner Regalado: Withdrawal.
Vice Chairman Plummer: 701 Brickell Limited Partnership.
Mr. Walter J. Foeman (City Clerk): PZ-9 was withdrawn.
Ms. Slazyk: That was withdrawn.
Vice Chairman Plummer: I am sorry?
Commissioner Regalado: PZ-9 was withdrawn?
Mr. Foeman: PZ-9 was withdrawn.
Vice Chairman Plummer: I am not hearing you.
Commissioner Regalado: It was withdrawn. PZ-9.
Mr. Foeman: PZ-9 was withdrawn.
Vice Chairman Plummer: Who wants to withdraw.
Commissioner Regalado: No, it...
Ms. Slazyk: PZ-9 and 10 were withdrawn.
Ms. Teresita Fernandez (Chief/Office of Hearing Boards): Mister... Mr. Plummer, nine and ten
were withdrawn by the appellant.
Vice Chairman Plummer: PZ-9 and 10 were withdrawn, correct.
165 April 28, 1998
Ms. Fernandez: Yes.
Vice Chairman Plummer: I am sorry. Eleven was also withdrawn. Is that correct? Nine and
ten.
Ms. Slazyk: Continued.
Vice Chairman Plummer: Eleven was deterred.
Mr. Foeman: Eleven was continued.
Vice Chairman Plummer: OK, so we're up then to twelve.
Ms. Slazyk: You're up to twelve.
Vice Chairman Plummer: Good morning. Thank you. PZ-12.
Ms. Slazyk: This is an appeal.
Vice Chairman Plummer: Seventy-nine. I am sorry. 916 Northeast 79th Street. Are you the
applicant, sir?
Mr. Sonny Netkin: Yes, sir.
Vice Chairman Plummer: Anyone wishing to testify on this issue, please come forth raise your
hand and be sworn in.
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 for the name... for the record state your name and your
mailing address and you have two minutes.
Mr. Netkin: My name is Sonny Netkin. My mailing address is eight... 7930 East Drive, Miami,
33141. I am the owner of a very small lot at 916 Northeast 79th Street, and to deny a variance, I
believe has no basis. I believe it's discriminatory and it's arbitrary. Approximately five years
ago there was a variance allowed with the criteria that I erect a six foot block concrete wall
behind the building or the car lot, I should say, separating the residential from commercial. This
was completed and a variance was allowed for new and incidental used cars. Today, with the
mega car lots, the new car, the car... the lot is so small that we just can't put new cars. So, we're
asking for used cars only, nothing else. One block west of this property there is a car lot, a used
car lot. West of that car lot there are 17 more car lots, used car lots on 79th Street. And that's
really what I am asking for, is just the variance to you for used cars only. Thank you, very
much.
Vice Chairman Plummer: Department's recommendation.
Ms. Slazyk: The department has recommended approval with conditions of this application. It
was denied by the Zoning Board. And let me clarify for the record, it's a Special Exception, not
a variance. Variance you have to show hardship, and this is... We don't have that in the City for
uses. It's a Special Exception for used car sales at this lot. We have recommended approval
with conditions that they increase the amount of landscaping and, also, we wanted to make sure
that there are... We didn't get color samples for the building or the signs they were going to
166 April 28, 1998
propose and we wanted those to be in scale and character with the area, so we asked that those be
submitted for separate review and approval.
Vice Chairman Plummer: Sir, you will have the chance of rebuttal. We will now hear from the
people in opposition. I'll ask you to not be repetitious and take less than two minutes.
Mr. Elias Martin: Good afternoon. My name is Elias Martin. My mailing address is 924
Northeast 78th Street. My house sits directly behind the car lot that gentleman is proposing.
When he was approved for a used car lot, he was not approved for mechanical use of the lot.
And as you see in that picture, there are clear grease stains all over the walls, meaning that
mechanical work was conducted there. We could hear on daily basis how the mechanics went
on and on, and this is how the lot looks like now. The place has been abandoned. He's clearly
an absentee landlord. If he had any intentions in maintaining the property and attract other
business that would be more productive to the neighborhood in general, he would have taken
care of his property. Those lots have sat empty for over a year. He not only owns that lot, he
owns the whole block and it's all under the same conditions. He stated his address as Miami, no,
it is not the City of Miami where he lives and he's, clearly, an absentee landlord as we all know
in the neighborhood. He was failed before to maintain the quality of his business there, and that
is why we're asking for his... a special permit to be denied. Other businesses that are more
intuned with the neighborhood, that residential area could be attracted to that area, and they
could work better with the neighborhood in general.
Vice Chairman Plummer: Thank you, sir. Next speaker. Name, mailing address. Please don't
be repetitious.
Mr. Heikki Talvitie: Thank you, Mr. Chairman. My name is Heikki Talvitie. I am the president
of the Shorecrest Homeowners Association...
Vice Chairman Plummer: That's what I was just looking for. Go ahead.
Mr. Talvitie: I guess, you got a fax from me last night or this morning saying that our Board of
Directors, unanimously recommended not to approve this. One of my board members, Caroline
Gainer, lives at 960 78th Street, which is almost like behind the car lot, and you all been in a
used car lot what happens over there. You kick the tires, phone call comes in, "Hey, George
come to the phone." That's the loud speaker, intercom, what you want to call it. You take a car,
you go test drive. In that neighborhood, where do you go? You make a turn on loth Avenue,
you are on the back of 78th Street and a residential street. And I don't think you can control that
from a new business from a new business who would come in there. Because...
Vice Chairman Plummer: Next speaker. I am sorry.
Mr. Talvitie: Because he won't be running the business, because he's got the properties for sale.
Thank you.
Vice Chairman Plummer: Thank you, sir. Name, mailing address, please don't be repetitious.
Mr. David Bogle: David Bogle. 820 Northeast 83rd Street. The secretary of the Shorecrest
Homeowners Association. I just want to state that the neighborhood is against this used car lots.
There is not space for it. It's already caused traffic problems in the area, and we don't need it.
Thank you.
Vice Chairman Plummer: You said it all. Thank you. Sir, do you wish to speak? Your name,
mailing address, two minutes, and don't be repetitious.
167 April 28, 1998
Mr. Arturo Abin: My name is Arturo Abin, 820 Northeast 80th Street. I will be pretty close to
that car lot also, and I do not approve of that car lot being there and I do not want to hear all that
noise and all that loud speakers when they call for the phone calls from my back yard. Thank
you.
Vice Chairman Plummer: Thank you.
Vice Chairman Plummer: Sir, you have two minutes for rebuttal.
Mr. Netkin: Well, first of all, sir, I do live in the City of Miami. I have proof of that, and second
of all, there has never been a loud speaker on that lot. The cars that they professed are being
tested or with oil on the wall, or what have you, I don't deny that we... there is a oil check, or
battery check, but there is no mechanic on the lot and there will be no mechanic. And any cars
that were tested or are tested are not on 78th Street, they are 79th Street that go over the bridge to
North Bay Village. Thank you, very much.
Vice Chairman Plummer: Thank you, sir. I'll close the public hearing and ask for discussion
among the Commission. Hearing none, I'll ask for a motion.
Commissioner Teele: I would like to...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like to know, the pictures that were shown around had a
photograph on it that said "for sale, three lots". Of the three... Is this business... is this location
up for sale now?
Mr. Netkin: The location has been for rent or for sale.
Commissioner Teele: It said "for sale, two hundred and fifty thousand dollars ($250,000). 1
mean...
Mr. Netkin: That's correct. And naturally, all prices are negotiable. But it's been for sale for
some time and I have maintained the property. The grass has been cut.
Commissioner Teele: But it's right now in... according to these pictures, it's vacant, is that?
Mr. Netkin: That's correct, sir. It... I have had it up for sale or for rent which as I say is
negotiable for any kind of business on 79th Street. I don't think that I have to tell you,
gentlemen, that 79th Street is not the most popular. I have tried to beautify the street. I have
tried to ask for support from residents in the area and different businesses which, to no avail. We
are trying to enhance the area, and I know we will. And there has never been a loud speaker,
even previously, when there was a car lot, there has never been a loud speaker on that lot.
Vice Chairman Plummer: Any other questions by Commissioners?
Commissioner Hernandez: Yes. Mister...
Vice Chairman Plummer: Mr. Teele. Mr. Hernandez.
Commissioner Hernandez: Mr. Netkin.
Mr. Netkin: Yes, sir.
168 April 28, 1998
Commissioner Hernandez: You're not in... You not in agreement with the Planning
Department's conditions?
Mr. Netkin: Well, I would naturally go forward with that if the variance was allowed, and only
under that condition. Because I asked for the variance some months previously, and I just had
open heart, so I haven't been available and... But, we would certainly comply with the City's
wishes and make that proposal and a rendering for their approval.
Vice Chairman Plummer: Any further questions?
Commissioner Hernandez: Yes, I have a question.
Vice Chairman Plummer: Mr. Hernandez.
Commissioner Hernandez: You do not... You are totally against the Special Exception even with
the conditions placed upon by the Planning Department?
Mr. Talvitie: Yes, because the conditions that are over there to controlling the traffic, controlling
where the cars are going to go, go for test driving, there is no way you can do that.
Vice Chairman Plummer: Yes, or no would have been an answer. Any further questions? I
can't make a motion...
Ms. Slazyk: No.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: ... even though it's my chair, it's my district.
Commissioner Gort: Mr. Chairman, I'll follow the Zoning Department's recommendation, also
the neighborhood. This is a very strong neighborhood. They have done... tried quite a bit to
bring this community back and to improve it. So, I'll move to deny.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: Move to what?
Commissioner Gort: Deny it.
Vice Chairman Plummer: So, in other words, to deny the appeal?
Commissioner Gort: That's...
Mr. Joel E. Maxwell, Esq. (Deputy City Attorney): That will be a... That will a...
Commissioner Teele: To support the Zoning Board's recommendation...
Commissioner Hernandez: Board's decision. Right.
Commissioner Teele: .... in denying the appeal.
Mr. Maxwell: Affirming the decision of the Zoning Board.
Vice Chairman Plummer: And that was to...
169 April 28, 1998
Mr. Maxwell: Deny.
Commissioner Gort: Support the...
Vice Chairman Plummer: ... to deny?
Mr. Maxwell: Yes.
Vice Chairman Plummer: OK, so that means, no?
Mr. Maxwell: That's correct. He cannot get the Special Exception.
Vice Chairman Plummer: OK. All right. Motion is made and seconded. Is there further
discussion?
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I am very mindful that 79th Street is a business corridor
and I think we can work to improve that corridor and to make it more desirable for businesses.
But I think we have to do that consistent with a neighboring a neighborhood and, clearly, the
condition of the property as evidenced by the picture show that there... there really... it hasn't'
been the kind of attention, and I would encourage you to work with the neighbors and I am sure
you all could probably work out something and come back at a later date.
Vice Chairman Plummer: Motion understood? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Unanimous.
170 April 28, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-448
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD
THEREBY DENYING A SPECIAL EXCEPTION FORM THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, TO PERMIT USED CAR SALES IN A C-1
RESTRICTED COMMERCIAL DISTRICT, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 916 NORTHEAST 79 STREET, MIAMI, FLORIDA.
(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.
----------------------------------------------------------------------------------------------------------------
61. APPROVE SECOND READING ORDINANCE: APPROVE AMENDING
ORDINANCE 10544 -- AMEND FUTURE LAND USE MAP OF
COMPREHENSIVE NEIGHBORHOOD PLAN -- CHANGE LAND USE
DESIGNATION FROM RESTRICTED COMMERCIAL TO CENTRAL
BUSINESS -- LOCATION: 666 BISCAYNE BOULEVARD -- APPLICANT:
666 BISCAYNE BOULEVARD LTD. -- FURTHER INSTRUCT OWNER TO
CLEAN PROPERTY.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item PZ-14.
Ms. Lourdes Slazyk (Asst. Director/Planning and Development): Thirteen and fourteen are
companion land use and zoning change for the property at 666 Biscayne Boulevard.
Vice Chairman Plummer: The recommendation of the department?
Ms. Slazyk: Approval all the way.
Commissioner Gort: Move it.
Vice Chairman Plummer: Is the applicant here? Is the applicant here?
Ms. Lucia Dougherty: Yes.
171 April 28, 1998
Vice Chairman Plummer: I am about ready to deny.
Commissioner Gort: Move it.
Vice Chairman Plummer: Well, no, no, no. Wait a minute. The applicant is not here.
Mr. Joel E. Maxwell, Esq. (City Attorney): Which one?
Commissioner Gort: She represents the applicant.
Mr. Maxwell: What 13?
Commissioner Gort: Yeah.
Vice Chairman Plummer: You represent the applicant?
Ms. Dougherty: Yes, sir. The applicant is Paul Seyhause and his family. There is a...
Vice Chairman Plummer: You don't look like Paul Seyhause.
Ms. Dougherty: There is Roberto... Robert Murral [phonetic] is here with me.
Vice Chairman Plummer: For the record, you are representing the owner.
Ms. Dougherty: Lucia Dougherty, representing the owner. 1221 Brickell Avenue.
Vice Chairman Plummer: Are there any conditions attached to this?
Ms. Slazyk: No. Just a correction on PZ-14.
Vice Chairman Plummer: All right.
Ms. Slazyk: It's from SD-6 to CBD (Central Business District). The property was rezoned after
they applied. So that's just a correction. I made it a first reading and it didn't...
Vice Chairman Plummer: For my edification. Is this... 666 is just north of the Greyhound?
Commissioner Gort: North... the railroad track.
Ms. Slazyk: The Freedom Tower. That's the rest of the block.
Commissioner Teele: Adjacent to the Freedom Tower.
Ms. Slazyk: It's adjacent.
Vice Chairman Plummer: It's between the railroad tracks and the next street?
Ms. Slazyk: Yes, sir.
Vice Chairman Plummer: OK, then, I want to know what's going in there because that's in my
district.
Mr. Walter J. Foeman (City Clerk): I am going to have to swear you in Lucia.
172 April 28, 1998
Ms. Dougherty: Right...
Vice Chairman Plummer: It's vacant now?
Ms. Dougherty: It is vacant right now.
Vice Chairman Plummer: And it's only occupied by the homeless.
Mr. Foeman: Excuse me, Vice Chairman Plummer, I'll will have to swear her in if she going to
speak.
Vice Chairman Plummer: What? Swear at her, don't swear he in.
Mr. Foeman: I need to swear her in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Gort: I thought she was sworn in. [phonetic]
Vice Chairman Plummer: I guess, each issue she has to be sworn in, that way she doesn't get a
fee.
Ms. Dougherty: I do.
Vice Chairman Plummer: What is...? What is contemplated for that parcel?
Ms. Dougherty: To tell you the truth there are no concrete plans. But what we're doing is we're
trying to... Remember, I told you the problems that the Mutiny had of ever developing when you
have four different zoning districts. This is two different zoning districts. It only makes sense, it
is directly across the street from the Arena, literally across the street. It only makes sense to
develop this property in conjunction with the Freedom Tower, that's our plan. But we can't do it
with two different zoning districts.
Vice Chairman Plummer: Yeah. Let me tell you something. You tell your owner, I want that
property cleaned because it hasn't been, and if he doesn't, he's going to get a Notice of Violation
because he needs to clean it up.
Ms. Dougherty: Yes, sir.
Vice Chairman Plummer: OK, PZ-13, is there a motion?
Commissioner Gort: Move it.
Commissioner Hernandez: Second.
Vice Chairman Plummer: Is there a second?
Commissioner Hernandez: Second.
Commissioner Teele: Second.
173 April 28, 1998
Vice Chairman Plummer: Any opposition? Anyone wishing to speak to the issue? All in favor
of 13, say "aye."
Commissioner Regalado: Fourteen.
The Commission (Collectively): Aye.
Mr. Foeman: It's an ordinance.
Mr. Maxwell: This is an ordinance.
Ms. Slazyk: It's an ordinance.
Mr. Maxwell: This is an ordinance.
Vice Chairman Plummer: Thirteen is first.
Commissioner Regalado: OK.
Vice Chairman Plummer: You want 14 first, and then 13?
Commissioner Gort: No.
Mr. Maxwell: No, 13 would go first. This is a land use change.
Vice Chairman Plummer: All right, on 13, all in favor say "aye."
The Commission (Collectively): Aye.
Mr. Maxwell: And this is an ordinance.
Mr. Foeman: It's an ordinance.
Commissioner Hernandez: It's an ordinance.
Commissioner Teele: Is it an ordinance?
Commissioner Hernandez: Ordinance, Ordinance.
Vice Chairman Plummer: It's an ordinance, read the ordinance. Why didn't you tell me.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Call the roll.
174 April 28, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 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.
passed on its first reading, by title, at the meeting of March 24, 1998, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Hernandez,
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. 11650.
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.
----------------------------------------------------------------------------------------------------------------
62. APPROVE SECOND READING ORDINANCE: AMEND ORDINANCE
11000, CHANGE ZONING ATLAS FROM C-1 RESTRICTED COMMERCIAL
TO CBD CENTRAL BUSINESS DISTRICT -- LOCATION: 666 BISCAYNE
BOULEVARD -- APPLICANT: 666 BISCAYNE BOULEVARD LTD.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: Item 14.
Commissioner Gort: Move it.
Vice Chairman Plummer: Fourteen is a resolution or an ordinance?
Commissioner Hernandez: Second.
Mr. Joel E. Maxwell, Esq. (Deputy City Attorney): It's an ordinance.
Vice Chairman Plummer: All right, read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
175 April 28, 1998
Vice Chairman Plummer: Motion understood? Call the roll.
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.
passed on its first reading, by title, at the meeting of Mach 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. 11651.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
63. DISCUSS FIRST READING ORDINANCE TO AMEND ORDINANCE 10544
FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL -- LOCATION; 3691-93 SW 13 TERRACE,
1305 SW 37 AVENUE & 1321 SW 37 AVENUE -- APPLICANT; CORAL
WAY DIAGNOSTIC CENTER, INC.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: PZ-15.
Ms. Lourdes Slazyk (Assist. Director/Planning and Development): Fifteen and sixteen are
companion land use and zoning changes. The department has recommended denial, so has the
Planning Advisory Board and the Zoning Board.
Vice Chairman Plummer: Is the applicant here?
Commissioner Regalado: I have got a question.
Mr. Joe Companioni: Yes. I am Joe Companioni...
176 April 28, 1998
Vice Chairman Plummer: No, you have got to do it on the record, sir, and you have got to be
sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Campanioni: I do. Your honor, Joe Campanioni for the applicant...
Vice Chairman Plummer: Excuse me, were you...? Are you folks going to testify? Have you
been sworn in?
Mr. Campanioni: Thank you. [sic]
Vice Chairman Plummer: You can't be... Well, you can't testify without being sworn in. Mr.
Clerk, these people were not sworn in.
Mr. Walter J. Foeman (City Clerk): Would 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.
Vice Chairman Plummer: This is an appeal, right?
Mr. Joel E. Maxwell, Esq. (Deputy City Attorney): No.
Ms. Slazyk: No, it's a change in zoning.
Vice Chairman Plummer: No. The department's recommendations.
Ms. Slazyk: The department has recommended denial because it's going from multifamily
residential to restrictive commercial, and the list of uses... I don't think their intention is to use it
for everything that's on the list of C-1 uses, but that list is very broad. It allows as you saw in
the case before you, used car sales and some other things that may not be appropriate for this
neighborhood. So we recommended denial.
Vice Chairman Plummer: This is Douglas Road?
Commissioner Gort: Right.
Ms. Slazyk: Yes.
Commissioner Regalado: Yeah, Lourdes.
Vice Chairman Plummer: On... in the Southwest.
Commissioner Regalado: Lourdes. I have got a question. Who approved the building next, the
next block? The huge...
Ms. Slazyk: The building or the change of zoning?
Commissioner Regalado: I am sorry?
177 April 28, 1998
Ms. Slazyk: The building or the zoning.
Commissioner Regalado: Well, it is a building. I, you know, I drive there all, every day
because... on my way to work. Who approved the building?
Ms. Slazyk: I...
Commissioner Regalado: What happened with that building?
Ms. Slazyk: I would have to look and see what the history is. It could very well be that it was
under a different zoning designation when it was approved.
+Commissioner Regalado: It's across the street. About how many meters?
Ms. Slazyk: Oh, across the street is not the City's limits. It's Coral Gables.
Vice Chairman Plummer: No, Coral Gables is on the West side.
Commissioner Regalado: No, no, no, no. No, no, no.
Ms. Slazyk: Across...
Commissioner Regalado: Look, I know the district I represent. It's on... it's on Miami side.
Commissioner Gort: Two blocks down you got a change in zoning.
Commissioner Regalado: No, no. One block. It's the next block.
Commissioner Gort: It's two blocks. I don't know.
Ms. Slazyk: Well, the zoning designation changes one block up, a block and a half up it changes
to office. It could very well be that that is... that's in the office district. I need to know which
building and look it up.
Mr. Companioni: If, if I may, I think I can clarify that?
Mr. Maxwell: Could you give your name and address, please?
Mr. Companioni: Joe Companioni, 201 South Biscayne Boulevard, Suite 2400, for carr and
Associates. I believe that the Commissioner is indicating or talking about the building that's
located immediately to the north of the subject property, and that building is located on two...
Vice Chairman Plummer: Sir, excuse me. Mr. Clerk, is this gentleman a registered...? Has he
given you a check?
Mr. Walter J. Foeman (City Clerk): I am trying to verify it. No, Commissioner, I don't show it
on my lobbyist registration list.
Vice Chairman Plummer: Have you given a check, sir?
Mr. Companioni: Yes.
Vice Chairman Plummer: You have for the record?
178 April 28, 1998
Mr. Companioni: I have for the record.
Vice Chairman Plummer: OK, and you'll verify that, Mr. Clerk? Go ahead, we'll take your
word for it, sir. Unless, you goofed.
Mr. Companioni: No.
Vice Chairman Plummer: And if you goofed...
Mr. Companioni: No, I provided the check this morning, so I'm pretty sure that I gave a check,
and I don't think that it has bounced, yet. No. The subject property that I think the
Commissioner is talking about is, the property that's immediately to the north of the requested
change and I have placed it on the map to indicate that a commercial utilization is there. I have
provided in previous hearings, I have provided a pictorial of this entire area, and there is a
building that occupies both. That building is being utilized right now for a commercial purpose.
I believe it is a medical building. But what I have done here in this presentation is I have
indicated in yellow all the commercial utilizations in this area, and what the Commission can see
is what it appears to be is an egg shell. And on the surrounding areas to the south is Coral Way.
To the east is 27th, 8th Street and Douglas, the majority of the utilization there is commercial.
All we are asking to do is to conform with what appears to be the utilization and the rule that is
indicated by this map and use this property, also for commercial purpose. What we have
indicated previously is that we are not adversed because the reasoning behind the change is that
we would like to place there the corporate headquarters of my client who... who currently has a
national business, would like to place it there. His business has a commercial component, so it's
not merely an office building, there would be a retail portion and that's Dr. Rico Perez products
and what he would like to do there is create and manufacture... and structure a building that
would house that headquarters. And what we would propose here is that the change be done and
I have talked to the department, I believe, that we can agree on having exclusions in a covenant
for some of the uses that are less warranted, and I believe, that in the previous objections that
there has been to this petition, the neighbors have objected to having a liquor store because
apparently there is a liquor store in the neighborhood and they feel that crime has raised as a
consequence of it, and there is a strip mall right by 16th and they object to that because they feel
that crime has raised as a consequence of that, or... or even a bar of some sort. I... when I keep
saying "they believe," I have conducted and I have for the Commission if they would like, to
present statistics of the area and crime has not increased. In fact, in this particular area, and
Commissioner Regalado since it's his district can verify.
Vice Chairman Plummer: Sir, the Commission would like for you to start wrapping up.
Mr. Companioni: Crime... As I was saying, and I apologize for taking too long. That particular
area including the strip mall and including the bar is among the areas with the least amount of
crime in this City. As I have here, and I'll circulate and then hopefully have some time for
rebuttal is the proposed covenant.
Vice Chairman Plummer: You will, sir. You'll have two minutes for rebuttal. OK, doctor do
you wish to make any comment at this time, or you want to wait for a rebuttal?
Dr. Rico Perez: I'll wait for rebuttal.
Vice Chairman Plummer: That'll be fine, sir. The people who wish to speak in opposition, state
your name, mailing address.
Mr. Waldo Perez: All right. My name is Waldo Perez. I am living in 3675 Southwest section
13th Terrace. I come here in the name of the neighborhood, the people of the neighborhood, and
179 April 28, 1998
we are opposed to this building or to this change because we believe that we'll be... or that will
detar the section, the problem that have... the shopping center two blocks nearer of our section,
that was the first time. The second time we want to be sure that Mr. Rico will construct an office
for his business and we don't want that to leave... to loose the quite and peaceful, peaceful
neighborhood that we have at this moment in this section. We oppose, completely oppose.
Thank you.
Vice Chairman Plummer: Thank you, sir. The next gentleman.
Mr. Juan Garcia -Lavin: Hi, my name is...
Vice Chairman Plummer: Try not to be repetitious.
Mr. Garcia -Lavin: My name is Juan Garcia -Lavin and I am speaking on behalf of my mother
and some of the neighbors. She lives at 3670 Southwest 70... 13th Terrace, which will be
greatly affected by that project. We want to keep our neighborhood quiet and we don't want the
sleeze factor that comes just two down... two streets down from that street mall that faces 37th
Avenue. So just... We want to keep it like that, quiet. Thank you.
Vice Chairman Plummer: Thank you, sir. Mr. Attorney, you have two minutes of rebuttal.
Mr. Companioni: Thank you, Mr. Commissioner.
Commissioner Regalado: Before, before he goes.
Vice Chairman Plummer: Wait a minute, wait, wait. Mr. Regalado.
Commissioner Regalado: You have... You have offered a covenant to accommodate the people.
You would not place like a car sales place or...
Mr. Companioni: Correct.
Commissioner Regalado: ... or a bar or a liquor store.
Mr. Companioni: Correct.
Commissioner Regalado: What are you offering to the people?
Mr. Companioni: We would restrict... I think that the objection that neighbors have had is a fear
that this property will turn into, or be similar to the property that is located immediately north of
16th and 37th Avenue which located there is a strip mall.
Vice Chairman Plummer: Sir, excuse me. Motion of the City Commissioner is that it be
deferred, that you get together with the neighbors and see if they...
Commissioner Gort: No, no, no.
Commissioner Regalado: No, no, no. No, I'm...
Commissioner Hernandez: No, no, no.
Mr. Jose Garcia -Pedrosa (City Manager): No.
Vice Chairman Plummer: Excuse me. I am sorry.
180 April 28, 1998
Commissioner Regalado: Who, who made that motion?
Commissioner Hernandez: I don't know.
Commissioner Regalado: You did?
Vice Chairman Plummer: Proceed, sir.
Commissioner Regalado: He wants to take a break. He wants to take a break.
Mr. Companioni: So what we have presented here and is currently before the Commission is a
proposed covenant. There maybe additional utilizations that we may want to exclude. Again,
the present intent to build on that property is not dissimilar for a use that is already on the
property immediately north which I think the Commissioner was referring to, which is an office
building that does have a retail component. So, it would mix well with that. It's not going to be
a strip mall as is feared and we're willing to sit down and write the language that is agreeable so
that a liquor store... and we have by the way. The liquor store would not be in the place. That
there would not be a bar in the place. That there would not be a facility that in some way would
affect and impact adversely the... the neighbors. And I think that that is their concern, and would
be our concern as well because we are their neighbors on the other side. Thank you.
Commissioner Regalado: I...
Vice Chairman Plummer: OK, doctor, would you like...? I am sorry, Mr. Regalado.
Commissioner Regalado: OK, I don't know if the neighbors will agree to that. I think that they
have gone through the process and it will be very difficult to defer this once again. The
neighbors are here. The applicants are here. I... if you have assurances, like you have received
now, that this is going to be a building with... a nice building in that area... And one of the
concerns that Mr. Waldo Perez told me is around the crime situation. I asked the Chief of Police
and he provided information that... that area is one of the lowest crime areas in the City of
Miami. As a matter of fact, it's the lowest in all the Shenandoah and West Little Havana area.
I... I think that we can offer to the people of that area the assurance that this will not be a
shopping center or, or whatever. I don't know if you agree. I would ask you to consider that
because that would be a nice building and I would also like to say that Dr. Rico Perez has been a
person that is very visible in the community and we have already seen here how the people that
are bringing projects to the City of Miami also want to share with the community. And I will
suggest... we have a park called Coral Gate in Southwest 32nd Avenue and 16th Street. The
park bonds money will facilitate new lighting for that park. By October we are going to have
new lighting. However, we can always get some new things. We are going to have a
playground and if we get some commitment from Dr. Rico Perez in terms of some donation, we
can also benefit the playing areas of baseball and basketball areas for that park. I... I think that
that neighborhood deserves a good park and that we, working with the members of the
community that we can achieve it. So, that...
Vice Chairman Plummer: Are you? Are you about to make a motion, Commissioner?
Commissioner Regalado: I am. Call. Yes, I am. I would like to make a motion that we
accept...
Vice Chairman Plummer: Excuse me. Hold on, before you commit yourself, the City Attorney
would like to warn you about something.
181 April 28, 1998
Mr. Joel E. Maxwell, Esq. (Deputy City Attorney): Yes, Mr. Vice Chairman and members of the
Commission. I am a bit troubled as I listen to the comments made by the Commissioners that
again, as I have advised you in the past. Remember, the decision as to whether or not you
approve a land use application or not, is your decision. It's not the decision of the neighbors.
What they say really is irrelevant unless their testimony constitutes competent, substantial
testimony. That would be testimony of an expert. Even the testimony of counsel there is not
competent testimony unless...
Commissioner Regalado: I hear you. I know what you're saying. But what I am saying is, I am
talking to the neighbors that they understand what is being offered here in terms of assurances,
and that we, the City and the applicants are giving the neighbors in that area. And also that we
are committed to maintain that neighborhood at its prime. So, it's...
Mr. Maxwell: Well...
Commissioner Regalado: ... not, the vote is not predicated on, as a condition to what the
neighbors say.
Mr. Maxwell: I hear you. If I may, if I may finish, Commissioner? If it is the will of the
Commission to approve this item, if you make the motion and the rest of the Commissioners
agree with you, then, I am sure you would want that decision to be upheld in a court of law and
right now, you are at the... The only expert testimony on the record right now that I have heard
is that of the Planning Department which recommended denial. Therefore, if... if this decision is
to be defended if it was to approve and go against that, it would require that somewhere in the
record there be expert testimony which there has been... has not been at this time. If this item
were deferred for instance, and the applicant was given an opportunity to come back with expert
testimony that supports... those crime statistics that he gave you, he just gave you those. And
information...
Commissioner Regalado: No, he did not. The Chief of Police gave me this.
Mr. Maxwell: OK. That would definitely be expert testimony, I would think. But...
Commissioner Regalado: Yeah, absolutely. I mean, there is no... no other expert.
Mr. Maxwell: ... but you follow, but something, something...
Vice Chairman Plummer: What does he know?
Mr. Maxwell: Yeah, but something to also deal with the testimony of the Planning Department
which is contrary to their position right now. It will be very difficult for us to defend your
decision.
Vice Chairman Plummer: Are you making the motion?
Commissioner Regalado: Yes, I am making the motion.
Vice Chairman Plummer: Sir, the public hearing has been closed. You had your... you had your
shot. Unless someone want... Unless a Commissioner ask you to speak.
Commissioner Regalado: Go ahead.
Vice Chairman Plummer: Sir, Commissioner Regalado has asked you to speak. For the record,
state your name. We know your mailing address.
182 April 28, 1998
Mr. Waldo Perez: [COMMENTS IN SPANISH]
Vice Chairman Plummer: Piedete, Piedete. Translate.
Ms. Christina Cuervo (Assistant City Manager) [TRANSLATING FOR MR. PEREZ] : I'll
translate for him.
Mr. Perez: All right. [COMMENTS IN SPANISH]
Ms. Cuervo: His name is Waldo Perez -Perez. He lives at 3675 Southwest 13th Terrace. He has
come here today because neighbors around his residence in the area, which is an area of elderly
people, people that are retired and opposed to problems. Those persons are opposed to the
change of zoning in this area, primarily. Primarily, because the Chief of Police has said that
there are no major crimes in this one block area. Everything would be OK, but they are the
residents that live there.
Vice Chairman Plummer: All right.
Ms. Cuervo: And they know in that corner the elderly people that live around there have a
problem going there. In addition, he would like to tell Commissioner Regalado that the personal
merits of Mr. Rico Perez are not a subject of this discussion. What is being discussed is the 36th
Avenue and the Northwest... and that the area surrounding this is residential area that's being
discussed.
Vice Chairman Plummer: Thank you, sir. Gracias. All right, Mr. Regalado.
Mr. Garcia -Lavin: Sir, one last...
Vice Chairman Plummer: Sir, only if a Commissioner asks.
Commissioner Gort: I'll ask.
Vice Chairman Plummer: The Commissioner has asked. Your name for the record, sir.
Mr. Garcia -Lavin: Juan Carlos Garcia -Lavin. I just wanted to conclude with the fact that it is a
residential area and we want to keep it that way. And the... the fact that you approve one more
commercial building, it will be like a trickle down effect that leads to a lot of abuse.
Vice Chairman Plummer: It's called domino.
Mr. Garcia -Lavin: Eventually... Exactly, it will be one giant strip mall. So... and we don't
want it.
Vice Chairman Plummer: Thank you, sir.
Ms. Cuervo: Mr. Chairman, can staff add another comment on the record, please?
Vice Chairman Plummer: Of course, they can.
Ms. Slazyk: Thank you.
Vice Chairman Plummer: If staff tell me her name.
183 April 28, 1998
Ms. Slazyk: The staff... Lourdes Slazyk, Assistant Director of Planning and Development. Our
recommendation of denial was based on the intrusion... the potential intrusion of commercial
uses in a C-1 category. With the proffer of the covenant and the ability for the department to sit
with the applicant and list on the covenant the uses which we would find objectionable on... in
this location, we would have no objections to the application. But when you ask for a change of
zoning or a change of land use, the list of uses is wide open and the only body that can accept a
voluntarily proffered covenant is the Commission. So, if the Commission were of a will to
accept the covenant and restrict the uses on this property as the applicant has proffered, our
objections would no longer apply.
Vice Chairman Plummer: I'll now close.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Let me give you a suggestion, I had a few years experience in the Zoning
Board, and my experience have been always, and I can understand the point of view from the
residents, and I'll say it in Spanish, the same thing. And say it in English for them to understand
on the point of view of the individuals that want to make the settlement. A lot of times, in a
residential like this you can get, that's... My understanding it's a multifamily where you can
have apartment buildings with how many units?
Ms. Slazyk: Yes, it's a medium density multifamily, but as you know was stated on the record,
there are some grandfathered uses that are higher.
Commissioner Gort: No, I understand. How many units can be built in the same parcel?
Ms. Slazyk: Ah, six... Well, it's 65 per acre. You can do a small apartment building per parcel,
maybe four, six units.
Commissioner Gort: OK. An apartment building might create as many problems... My
suggestion is have this defer, let them get together with the neighborhood, and I know in the...
and part of the request that the neighborhood can ask about, part of the problem that they have
was crime itself. I am sure the applicant, if he is going to have a security which he is going to
put a lot of money into it and he is going to have the retail, he might have security and he might
have some things that might benefit the individual. It's up to them. But I have always found
that for them to defer and get together, they might come up with a solution which is amicable by
both parties. [COMMENTS TRANSLATED IN SPANISH.] Thank you.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: There is a motion...
Vice Chairman Plummer: And your motion is what?
Commissioner Regalado: ... the neighbors, the neighbors understand what has been offered here.
Vice Chairman Plummer: I don't.
Commissioner Regalado: There is no... They are very confident. There is not going to be any
extreme commercial use or no liquor or cafeterias or store that sells toys or whatever, I don't
know, cars. It's just going to be a corporate building. And I, you know, I don't...
184 April 28, 1998
Vice Chairman Plummer: What's your motion?
Commissioner Regalado: Motion is to approve. And...
Ms. Slazyk: To accept the covenant.
Commissioner Regalado: ... to accept the covenant. To accept the covenant and inform the
neighbors of exactly what they have offered which have addressed their complaints.
Vice Chairman Plummer: Is there a second?
Ms. Slazyk: The covenant is actually to detach to PZ...
Vice Chairman Plummer: Excuse me, there is a motion on the floor, is there a second?
Commissioner Hernandez: Second. Under discussion.
Vice Chairman Plummer: There is a discussion. Second for discussion. Proceed.
Ms. Slazyk: The covenant should be addressed under PZ-16 which is the change of zoning.
Vice Chairman Plummer: Thank you, ma'am. Any further discussion under 15? The motion is
to approve.
Commissioner Hernandez: There is further discussion.
Commissioner Teele: Further discussion.
Vice Chairman Plummer: Further discussion.
Commissioner Teele: Would you read the permissible uses?
Ms. Slazyk: Ah, let me get the Zoning Administrator. That's in the zoning ordinance.
Commissioner Teele: I guess the covenant is in the next... Well, but we need to know what
we're doing here. Let me just say, if I could, for the record? Commissioner Gort probably has
had as much experience coming to this Commission from the Zoning Board, and his... I have
found his advice always to be good advise. I really believe that counsel for Mr. Perez, for the
applicant, should consider seeking a deferral and working with the neighbors and drafting up this
covenant in a way that everything comes off as a win/win. Because, let me tell you, the worst
thing that can happen for the long-term business is to shoestring, to shoehorn this thing into the
neighborhood because long after, and I am not attacking you counsel, but long after all this is
over and you have gone back down to Biscayne, he's going to be stuck in there with these
neighbors. Now, I think what is being proposed, I like the motion that Commissioner Regalado
has made, and I can support that motion in light of the department changing their
recommendation based on the covenant. But I am very afraid that a good man and a good
business could wound up being unnecessarily in a hostile environment. And let me tell you
something, these things take years to overcome. They take years to overcome. And I have
listened to both sides, I don't have a dog in the hunt or horse in this race, but I got to tell you,
there are some distinguished citizens that live in this community and these things have a way of,
the Hatfields and McCoys. I think this is a good proposal. I think that if you sit down with the
neighbors they will agree that this is going to be better and this is what Commissioner Gort was
leading to and he didn't close the door. It's better to put this kind of building in there than what
could be put in there which is some apartments that would be, about how many units?
185 April 28, 1998
Commissioner Hernandez: Sixty-five.
Commissioner Teele: Sixty-five?
Ms. Slazyk: Sixty-five per acre.
Commissioner Teele: And how many acres is this? Is this about an acre?
Commissioner Regalado: About a third.
Ms. Slazyk: About a third of an acre.
Commissioner Teele: OK, so you could put in a good 20 something units of apartments in there.
I think a high quality office, with retail, that's going to have a security guard. The security guard
could very well be asked to spend a little more time outside than inside. I think this could be a
very big win for the community. But again, this is not, and I am mindful of the attorney's view.
This is not something where the neighborhood or the residents have a veto over it. This is our
decision and I am very mindful of the fact that I think counsel has given us excellent advise. I
am just sort of left handily appealing here to counsel to take Commissioner Gort's advice under
consideration. I don't mind telling you, I have no problems with this application based upon the
covenant provided I know that this is restrictive and I would like to know what's not included in
the covenant. That's sort of where I am. So, would you just read those off real fast while they
sort of confer?
Mr. Juan Gonzalez: Financial institutions, clinics, studios including radio and television
broadcasting. Private clubs, resident hotels, hotels, tourists homes and guest homes.
Restaurants, retail establishments. A list of a whole bunch from anything from groceries to retail
apparel. Hospital equipment, repair and incidental permitted to electronics and T-cart. Public
and private primary secondary schools. Post -secondary schools and private educational
facilities. Service establishments including photo... anywhere from photographic studios to dry
cleaning establishments, your dress making shops, driving school agencies, mortuaries, funeral
homes.
Commissioner Teele: See my concern is, I don't think the covenant narrows enough what we're
agreeing on. I mean, I think we all have a meeting of the minds here, but, you know, 100 years
from or 50 years from now, when Mr. Perez has moved this business to a free Cuba or to Brazil,
you know, someone could come in there and maybe put in, I don't want to say a mortuary... a
funeral home, but that was one of the permissible...
Commissioner Regalado: There is one.
Commissioner Teele: A mortuary was one of the permissible uses.
Commissioner Regalado: No, no, there is one. There is one about three blocks from there.
Commissioner Teele: Ah, well, but still you know, it's...
Commissioner Regalado: Two, two. There are two.
Commissioner Teele: ... that's more than... One is more than enough. But, but you know you
have got electronic shops...
Commissioner Hernandez: Deferred.
186 April 28, 1998
Vice Chairman Plummer: They want a new one to bury dead Commissioners in.
Commissioner Hernandez: Defer. Let them get together.
Ms. Slazyk: There are... there are a lot of conditional principle uses in C-1 that are really the
ones that we found most objectionable and that is...
Vice Chairman Plummer: Mr. Attorney, did you hear the south paw coming from left field?
Commissioner Regalado: Do we...? Can?
Vice Chairman Plummer: I asked a question.
Commissioner Regalado: Commissioner Teele. Commissioner... Excuse me. How about if we
amend the motion to say that the covenant should be more precise and... Mr. Attorney.
Vice Chairman Plummer: How can this be so complicated?
Mr. Maxwell: Yes, sir. All covenants would have to be... You can make them subject to
approval by the City Attorney's Office which they would have to be, before you can act on it at
the second meeting anyway. This is first reading, remember. So it has to come back to you.
Commissioner Regalado: This is the first reading. So...
Mr. Maxwell: So we could... we could work that out...
Commissioner Regalado: OK.
Mr. Maxwell: ... and circulate it to all the Commissioners.
Commissioner Regalado: OK, so my motion will be that on the second reading, you will bring
the covenant after discussion with the neighbors and approved by the City Attorney. That would
be my motion.
Vice Chairman Plummer: There is a second.
Commissioner Teele: Before you do... Before you do, I withdraw my comments if this is first
reading.
Commissioner Hernandez: It is the first reading.
Commissioner Teele: And I would... I would only suggest that between first and second reading
that you all vote, that you all have a meeting with the neighbors and you work toward this with a
very clear covenant.
Vice Chairman Plummer: Does the second accept the amendment to the motion?
Commissioner Hernandez: Yes.
Vice Chairman Plummer: OK, motion understood. Read the ordinance.
Mr. Companioni: OK, excuse me.
187 April 28, 1998
Commissioner Regalado: Excuse me. Excuse me.
Vice Chairman Plummer: What?
Mr. Companioni: I, 1...
Vice Chairman Plummer: You want to lose?
Mr. Companioni: We are going to withdraw our application.
Vice Chairman Plummer: You are going to withdraw it?
Mr. Companioni: Yes.
Commissioner Teele: Defer?
Mr. Companioni: Withdrawn.
Commissioner Regalado: No, they want to withdraw.
Vice Chairman Plummer: That simplified it.
Mr. Maxwell: Fifteen and 16 withdrawn.
END OF DISCUSSION -- NO ACTION TAKEN
Vice Chairman Plummer: Item seventeen. No, eighteen. Eighteen? Yeah. To my colleagues,
may I have a point of personal privilege? I would like to make...
Commissioner Regalado: Seventeen will be at 6:00 p.m., right?
Ms. Lourdes Slazyk (Asst. Director/Planning Department): Seventeen and then eighteen is at
6:00 p.m.
Commissioner Regalado: 6:00 p.m.
Vice Chairman Plummer: All right. May I have a point of personal privilege. I would like to...
If Hernandez will be quiet. I would like to introduce to you the most valuable rower in Barry
College, Kathrina Albanas who is Maria's Restaurant's better half. And I would like to make a
rousing thank you on her behalf as being the most valuable rower of Barry College.
[APPLAUSE]
Vice Chairman Plummer: Stand up and be recognized. Now, your grandmother will love you.
Item 17.
Commissioner Gort: How come we didn't get any samples from Maria?
Vice Chairman Plummer: Because you're cheap.
Commissioner Gort: ... not going to use you now.
Vice Chairman Plummer: Because you're cheap. Because you're cheap.
188 April 28, 1998
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64. DENY FIRST READING ORDINANCE TO ALLOW STORAGE OR
PARKING OF MAJOR RECREATIONAL EQUIPMENT (BOATS,
RECREATIONAL VEHICLES) IN RESIDENTIAL FRONT YARDS.
Vice Chairman Plummer: All right, item 17, please. Item 18, we cannot take until 6 o'clock. I
hope you know that.
Commissioner Gort: Oh, come on.
Vice Chairman Plummer: It says that on agenda. I am sorry. All right, 17, quickly.
Mr. Francisco Garcia (Principal Land Development Specialist): Yes, sir. Item 17 is a rehearing
of a proposal to amend the zoning ordinance to allow boats in front yards conditionally,
citywide.
Vice Chairman Plummer: That's also motor homes, right?
Mr. Garcia: Yes, sir, and recreational vehicles as well.
Vice Chairman Plummer: All right.
Mr. Garcia: That is correct.
Vice Chairman Plummer: Let me go on the record right up -front, because somebody was trying
to extort me with my motor home. My motor home sits in the back of a vacant lot, in the rear, of
a vacant lot. Am I? When I... when this ordinance came in before, I did in effect ask that
question, and I was told that as long as it is the rear of what is declared the rear part of the
property, there is no problem. Am I correct?
Mr. Garcia: Yes, sir.
Vice Chairman Plummer: OK, just want it on the record, so nobody has any misunderstanding?
All right, this is proposed by the City Planning Department?
Mr. Garcia: Yes, sir. Except that it is recommended for denial.
Vice Chairman Plummer: By the Planning Department or by...?
Mr. Garcia: The item is proposed to you...
Vice Chairman Plummer: Wait a minute, you recommended it, and you are recommending
denial in the same breath?
Mr. Garcia: No, sir, let me explain briefly.
Vice Chairman Plummer: Please do.
Mr. Garcia: Certainly. This is... was originally draft in a response to a request by the City
Commission that we work with the applicant to try to draft the most reasonable response to their
needs which is how to possibly have boats and recreational vehicles in front yards. We
189 April 28, 1998
subsequently dratted such an ordinance that we felt that because of the enforceability of such an
ordinance would be basically unfeasible we had to recommend denial of the amendment.
Vice Chairman Plummer: So, in other words, you recommend it, but you say you can't enforce
it, so you can't put it in? Is that what you are saying.
Mr. Garcia: Yes. We don't recommend it, sir. We proposed it for your consideration.
Mr. Jose Garcia -Pedrosa (City Manager): We were asked to...
Vice Chairman Plummer: Why did you withdraw it?
Mr. Garcia -Pedrosa: No, no, we were asked to bring it forth.
Vice Chairman Plummer: OK.
Mr. Garcia -Pedrosa: So technically, we have to be the applicant but the department...
Vice Chairman Plummer: So, then, it stands before us as denied.
Mr. Garcia -Pedrosa: You already denied it. This is a reconsideration at the request of...
Mr. Joel E. Maxwell, Esq. (Deputy City Attorney): Commissioner Regalado.
Mr. Garcia -Pedrosa: ... Commissioner Regalado.
Vice Chairman Plummer: And this was the gentleman who was... Are you the one that was late
before and didn't get the chance to speak?
Commissioner Regalado: No, J.L., Mr. Vice Chairman. The other time we met, I asked this to
be brought back because I have received several comments from a lot of people who thought that
this was unfair because some people did not have the space next to their houses to comply with
the ordinance.
Vice Chairman Plummer: Yeah, I hear you. You know, the problem...
Commissioner Regalado: OK. No, but however, I... I have received a lot of input from
neighborhood associations and well, most of... most of the input that I have received is for...
from people who would really like to see this ordinance enforced. Now, my question to the
administration, Francisco is, what do we do if a person that does not have a vote, does not have
the space on the side of the house?
Vice Chairman Plummer: Sell it.
Commissioner Regalado: OK, how...? How long, how long that person will have to sell the boat
before he or she gets fined?
Mr. Garcia: I think I would defer to Code Enforcement personnel on that, sir. Perhaps...
Vice Chairman Plummer: Well, I think we have the right to determine that.
Commissioner Regalado: Yeah, that's what I am, that's what I am saying.
Vice Chairman Plummer: I don't think there is any question, we can set a deadline on that of six
months, a year, forty-three years or... No, I...
190 April 28, 1998
Commissioner Hernandez: I don't... I don't think so, J.L.
Vice Chairman Plummer: I think we have the right.
Commissioner Teele: I don't think so.
Commissioner Hernandez: Code Enforcement is the only ones that have that. That's a statutory
animal, and I don't think that we could...
Vice Chairman Plummer: We make the ordinance effective on a certain date, we can do that
any...
Commissioner Teele: Yeah, but see, I think...
Commissioner Hernandez: I don't...
Commissioner Teele: ... there is misunderstanding.
Vice Chairman Plummer: OK.
Mr. Joel E. Maxwell, Esq. (Deputy City Clerk): What's going on
Commissioner Hernandez: It's immediate compliance.
Commissioner Teele: Right now, if you do nothing...
Commissioner Hernandez: Right.
Commissioner Teele: ... these votes are out of compliance. I mean, it's not like we have got to
pass something and put boats out of compliance. And there has just been this... The media has
turned this thing around on us a little bit, and it sounds like we're denying somebody...
Commissioner Hernandez: Right.
Commissioner Teele: ... something. We are not denying anyone anything at this point. The law
is the law. And the law says you cannot have a boat in your front yard. Now... or on your side
yard or whatever it says. Now, there has been an effort and I commend Commissioner Regalado
for trying to figure out a way to accommodate boats. But the people who have boats are out of
compliance with the law, and that's Commissioner Hernandez' point. We can't start telling
people you cannot enforce this, or we are going to give you six months. I mean, we can all say...
I would hope no one gets a fine. I would hope that everyone is allowed a reasonable
opportunity, but I don't want to participate in a vote on that, because I think that is something we
don't have the authority to do.
Vice Chairman Plummer: All right, let's, I guess hear from... Everybody that wants to testify
has got to be sworn in. Mr. Clerk. And please, let's don't drag this out.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Chairman Plummer: Who do I hear from first, Mr. City Attorney?
191 April 28, 1998
Mr. Joel Maxwell, Esq. (Deputy City Attorney): This case will still be the applicant which is the
City.
Vice Chairman Plummer: City, what do you want to tell me?
Mr. Francisco Garcia (Principal Land Development Specialist): Very briefly, simply to say, and
I think part of it has been covered already. Presently, property owners in the City of Miami,
residents in the City of Miami can have their boats and recreational vehicles in their back yard,
legally, if permitted legally that is. They can it... They can have them in their side yards if they
comply with applicable setbacks. They cannot have them in their front yards. That's the way it
stands right now.
Vice Chairman Plummer: Thank you, sir. Now who do I hear from? The proponents or
opponents?
Mr. Maxwell: Those in... those in... Proponents. Proponents.
Vice Chairman Plummer: Sir.
Mr. Joe Wilkins: Am I a proponent? I don't know.
Vice Chairman Plummer: You've been called worst.
Mr. Wilkins: Especially right here. Joe Wilkins, 228 Southwest 23rd Road. I am the director of
the Miami Roads Civic Association, and I am a small part of the reason this ordinance is in
existence. When our Homeowners Association started in 1986, next to crime, the largest single
number of complaints we received involved recreational vehicles, and let's remember, this is not
just votes, but RVs, Winnebagos, mobile homes and boats parked in the front yard. We were
inundated with complaints. We formed a coalition with other homeowners associations, in Coral
Way, in Coconut Grove, throughout the City. We went to the City and the City enacted this
ordinance. This is a people's ordinance. This came in response to what the people wanted. We
wanted boats and recreational vehicles out of the front yard. I think the results, at least in our
neighborhood speaks for themselves. Our neighborhood looks better. Our property values are
up. Complaints are down, thank goodness, and we think things should stay as they are. Owning
of a boat is a privilege and every privilege has a price, and if that price means putting your boat
in a marina... I am sorry, but the rest of us should not pay that price, and it's not just a matter of
having one boat on a block or two boats on a block. What you allow for one, you are allowing
for everybody. And do you really want a boat or RV or a Winnebago in front of every house? I
think not. I hope not. And I encourage you to support the expert testimony of your Planning
Advisory Board and your Public Works and your Planning and Development Department. Keep
things as they are. Keep the boats in the water or in the backyards. Thank you.
Vice Chairman Plummer: Thank you, Joe. Next speaker.
Mr. Maxwell: Those speaking now, Mr. Chairman, should be those who want boats in the front
yard.
Vice Chairman Plummer: All right. Sir, for the record state your name and mailing address.
You have two minutes.
Mr. Albert Valdez: My name is Albert Valdez. I live at 2480 Abaco Avenue. The intention of
this was never to remove, and never to give carte blanche to let...
Vice Chairman Plummer: Pull the microphone up, sir.
192 April 28, 1998
Mr. Valdez: ... was never to give carte blanche to people to let them put their boats in their
yards. What... The amendment was very stringent and it was more in favor of the non -boater,
the person that did not want a boat in their yard. If you don't want to see your neighbor with a
boat in your yard, you don't sign his permit, he doesn't get it. If you've had a problem with it in
the past, you would have filed a complaint, it would have been gone. This is so that the
neighborhood does not mind that the individual has his boat and everybody is happy with it that
he can. If one person around in his neighborhood doesn't like it, it won't happen. There is a lot
of safeguards in here for the community. It's the same way as if... For a Class II permit, if you
don't want your neighbor to have a swimming pool, he doesn't get one. When we came up with
this thing, it was to define a compromise. Right now, the way the ordinance reads, and this is
why I... I would like to see this thing readdressed. I am not saying passed, but just to review the
ordinance because all the ordinances from time to time to see if they meet the community needs.
A boat, an RV couldn't be put on the side of the yard, because of the setback restrictions, and the
height restrictions. This, all I am asking is that it be reviewed again, not that it be passed, not
that I get... Not that I can put anything I want in my front yard, and this is my yard, and you
can't tell me what to do. I don't want a piece of junk in my neighborhood. I don't want
something next to me that's going to be detracted. If you don't like it, you don't have to sign the
guy's permit. It does not happen. Thank you.
Vice Chairman Plummer: The next speaker.
Mr. Larry Pendlebury: My name is...
Vice Chairman Plummer: Sir, your name, mailing address, two minutes and please don't be
repetitious.
Mr. Pendlebury: My name is Larry Pendlebury, 2481 Abaco Avenue. I would like to show you
a photograph if I could, please. That's Miami. That's the front yard of Miami, circular
[phonetic] 1993, maybe. What we're looking at... A lot of it is new, is Bayfront Park which is
now Bayside and that is the heart of the boating industry right down through Miami through
Coconut Grove. In Dade County there is 150,000 registered... there is... Sorry. There is 50,000
registered boats in Dade County. In the very hub of that recreational boating is down through
Miami and Coconut Grove.
Vice Chairman Plummer: Excuse me, sir.
Mr. Pendlebury: Yes.
Vice Chairman Plummer: What's wrong with the clock? Proceed sir, thank you.
Mr. Pendlebury: My time is still running?
Vice Chairman Plummer: It is now.
Mr. Pendlebury: OK. I was born in the Bahamas and brought to Coconut Grove in 1934 on a air
boat my mother brought me in here in Pan American Airways. Landed right out here in our
front yard. As we sit here today, we are surrounded by boats that are registered proper, come
under certain specifications or they wouldn't be where they are today, in docks where they can
afford to be. And I can't afford for my boat to be at a dock or any other place. There has been
boating in our family, has been in my family for years. My dad had the Seminole Queen and
went up the Miami River to the Musile [phonetic] Indian Village. You now it.
Vice Chairman Plummer: Yep.
193 April 28, 1998
Mr. Pendlebury: I have been a commercial fisherman in Coconut Grove for 23 years, retired,
from here to Bahamas.
Vice Chairman Plummer: Through the housing is now. Musile Housing. Used to be an Indian
Village.
Mr. Pendlebury: This ordinance, I think has got a lot of changes to be made. We can
compromise. There is a few amendments being brought about, I think for better boating. My
whole family is here backing me up, all three of them. Thank you, very much.
Vice Chairman Plummer: Thank you. Next speaker. Name, mailing address, two minutes, and
please don't be repetitious.
Ms. Valerie Valdez: Thank you, Commissioners. My name is Valerie Valdez, I live at 2480
Abaco Avenue. I am a Miami native. I have been here all 36 years of my life. And I just want
to remind you as the man just said, there are 50,000 boats. That's 50,000 voters, and that's
50,000 people are going to be awfully angry if we don't just take a look at this. We need to
make a provision for people to park their boats in the front or the side yard with the neighbors
approval only. That's what we're saying, they would need the neighbors approval. If you don't
want the boat in your neighborhood, you don't sign the petition. It's the same thing that's
already in place for swimming pools. Thank you for your time.
Vice Chairman Plummer: You know, she makes a point by the way. You know when I put the
satellite dish at my house, you know I had to get all four of my neighbors to agree. I almost
died, because Rosario Kennedy was my next door neighbor, and I... She was going to turn
everything down. I am sorry, sir.
Mr. Carl Lambert: Carl Lambert.
Vice Chairman Plummer: Your name, mailing address, two minutes and don't be repetitious.
Mr. Lambert: Thank you. Carl Lambert. 2500 Southwest 28th Street. I have a boat in my side
yard. I have had since I have lived there. I have no complaints from my neighbors and I think
that this ordinance should be reasonably enforced and enacted. If there is a complaint from your
neighbors or they're... you're doing something that infringes upon their rights, then, you should
have an inspector that will deal with your situation. But... but I have read the ordinance, and I
am an attorney, and it's unclear to me, how this can be enforced and how it can go forward
with... with fair enforcement overall. So, I think it should be studied.
Vice Chairman Plummer: Thank you, sir. Your name, mailing address, and tell us why you're
opposed, briefly.
Mr. Heikki Talvitie: Thank you. My name is Heikki Talvitie. I am the president of the
Shorecrest Homeowners' Association. I reside at 1245 Northeast 81st Terrace. Our association
opposes this ordinance and the reason for that is, if the permitting process goes to the neighbors,
you're putting neighbors against neighbors. Hey, why don't you give me a permit to put the boat
out on the front yard? We have an ordinance that says it's in the back yard, or the side yard, so it
doesn't clutter the neighborhoods and people don't trip over it. And we are finally get nice code
enforcement, but let's not overburden you with this one, so we can keep our neighborhoods
clean. And I understand there is a problem with the zero lot lines that there is no way. Is the
zero lot line that we want to encourage in our City, or do we want to have full lots in the City?
We shouldn't... I think we want the full lots. Thank you.
194 April 28, 1998
Vice Chairman Plummer: Next speaker. Please don't be repetitious. Your name, mailing
address.
Ms. Mari Martinez-Canas: My name is Mari Martinez-Canas. I live in 2011 Southwest loth
Street. I am also a board member of the Shenandoah Neighborhood Association and I am
opposed the changing of the ordinance. We are working very hard to make the City a better
place. And, you know, boats belong in a boatyard, not in a front yard. And, you know, things
are not as simple as just getting a neighbor's signature. If you read today's paper you could see
that from Coconut Grove, a disagreement that they are having right now and we feel that some of
you have supported the City of Miami a lot and we hope that you do on this one. This is not the
thing to do. It would open a Pandora box, and it will be a very general ordinance where you
never know what can happen later on. Even we're having so much trouble right now enforcing
the ordinance that we have at this moment. Imagine changing it to make it more general and to
allow things to happen that in reality will be detrimental to the City of Miami. We had enough
problems already, we don't need this. We don't want this. And we represent the public, we are
the public, and we just wanted to let you know, our Commissioners, that we don't want this. So,
I hope you hear us. Thank you.
Vice Chairman Plummer: Name, mailing address, two minutes, and don't be repetitious.
Ms. Jacqueline Cotarelo-Echagarrua: My name is Jacqueline Cotarelo-Echagarrua, and I reside
at 1815 Southwest 16th Street. I want to go ahead and clear -up something. Fifty thousand
voters against the City of Miami homeowners. I think there is more than fifty thousand
homeowners. Right now...
Vice Chairman Plummer: All I want to know on election day, where are all these voters?
Ms. Cotarelo-Echagarrua: Yeah, I know. Right now, you're shifting the responsibility signing
permits. We're supposed to be...
Vice Chairman Plummer: That's a lot of votes. [phonetic]
Ms. Cotarelo-Echagarrua: We're supposed to report violations, you know, I mean, enough of the
citizens to have to do, we shouldn't be relaxing our codes. We should be toughening them.
Laws should be changed for the betterment of the community and not to benefit a minority or
special group. My neighborhood... In my neighborhood lots are regularly 50... 50 feet. If you
go ahead and put some of these boats, even the clearance from the front of the property to the...
to the line, to the sidewalk is less than 25 feet. I don't understand how this could be inviting.
This would be more detrimental than it would any benefit. Unfortunately, I hate to report that in
my neighborhood, this will become a business. That people will literally rent their front yards to
trailers. We've already had trailers and people living in them. I don't want to see this. I don't
want to see boats. I don't want to see trailers. It... I want to go ahead and reiterate. It is not the
responsibility of you, or of me to find storage solution for someone's hobbies. It is their
responsibility. I think we should keep the ordinance as it is. It is strict. It's straight to the point
and it's not going to put neighbors against neighbors. I thank... Also, another thing, island
communities like Miami Beach, do not allow this. Thank you.
Vice Chairman Plummer: Should we sent the City Manager back? He was very good on cats.
Sir, your name, and mailing address.
Mr. Jose Echagarrua: Yes. Jose Echagarrua, 1815 Southwest 16th Street. I am also a member
of the Shenandoah Neighborhood Association Board. Our board voted unanimously to
recommend denying the change in this ordinance. We just ask that you follow the Zoning
Department's recommendations of denial strictly because enforceability is going to be
195 April 28, 1998
impossible, if you make it so that some people can have the boats on front of their yards, and
depending if they have a permit, there is no way they are going to be able to enforce this. And
like they say, the NET (Neighborhood Enhancement Team) Office Code Enforcement has
enough to keep track of, you know, not to have to keep track of who has a permit to have a boat
in their front yard or not. Thank you.
Vice Chairman Plummer: Thank you, sir. The first speaker over here, the gentleman.
Mr. Valdez: Sir.
Vice Chairman Plummer: Come back up, I am going to give you a few minutes of rebuttal if
you want...
Mr. Valdez: Thank you.
Vice Chairman Plummer: .... only because you got cheated before.
Mr. Valdez: Thank you, very much. I appreciate that. Albert Valdez, 2480 Abaco. I wish I had
the time to meet with a lot of the homeowners' association to go over this ordinance. A lot of
people have just seen it as just boats in the yard, and they just go over it very quickly. We have
been working on this for quite a while and these people, the first time I've seen them come
forward. This has been going on for about two years of trying to come together with a... some
kind of compromise. To address some of the issues, enforcement -wise, this would have never
came about if they weren't actively enforcing it. The 50 boats that they had originally started
this, nobody complained on them. They weren't around. They got the addresses. They had to
pull the legals on it. They had to handwrite certified receipts. They had to go ahead and get it
mailed and returned. They had the manpower to do that, but they don't have the manpower to
take it one step further to take a look and see if the individual has a permit. Overall, everybody
loses if we don't make some kind of adjustment. I am going to loose my boat. There is going to
be active enforcement. They City has spent all this man-hours. I am going to move my boat.
You get nothing out of it, I get nothing out of it. At least with the permit, you get some money
out of it. As far as putting neighbor against neighbor, Class II permits already do that. If you
want a swimming pool, or as Commissioner says, you want to have a satellite dish, you have to
get your neighbor's... That's not my... That was not my choice. That was not something that I
put in there, that was something the City put there. As far as, should I take to a marina? There
aren't any. There are no marinas that are in the City of Miami that I can put it in. Grove Key
has a three-month waiting list. And that's only talking me, personally. And to be honest with
you, I am not going to be able to keep my boat where it's at. Because when we sat down and we
drew up these agreements, and these conditions, I don't fit anymore. But after two years, I am
not going to stop. The thing is, is if I can't keep my boat there because it's too large, and there
are restrictions on height, and there's restriction on... on the lane, then, I can at least put a 15 foot
little piece of junk there, at least keep boating. The other... the alternative is, no. The other thing
is, I put a packet together to show people, because I was having a hard time in showing you what
I wanted to project in the neighborhood. If you saw it, the visibility is negligible. Most of the
people I showed it to could not see the boat. They had... I had to point it out to them. I just...
All I'm asking is that we can get together and address this. If you still say no, then, it's no. But
all I want to do is share this and give you an opportunity to meet as a workshop and come to an
agreement. If you still don't like it, then, it's no.
Vice Chairman Plummer: Thank you, sir.
Mr. Valdez: Thank you.
Vice Chairman Plummer: Close the public hearing and ask Commissioners... Hello? Am I
calling collect.?
196 April 28, 1998
Commissioner Regalado: I'm here.
Vice Chairman Plummer: Is there...? I assume, Mr. City Attorney, no action is to leave it as it
is.
Mr. Maxwell: No, sir. Upon the motion for reconsideration, you're going to have to act... You
now have to act on this as if it was here for the first time.
Vice Chairman Plummer: All right. Since Mr. Regalado got us all goofed -up, and you now
made for reconsideration, what is your motion, sir?
Commissioner Regalado: Well, I make a motion to leave it as it is, and...
Vice Chairman Plummer: All right, is there a second?
Mr. Maxwell: That motion would be to deny the application then.
Vice Chairman Plummer: The motion is to deny the application.
Mr. Maxwell: Is that the...?
Commissioner Hernandez: I second the motion to deny the application.
Vice Chairman Plummer: No, Mr. Gort did. You were asleep.
Commissioner Hernandez: I never heard him say anything.
Vice Chairman Plummer: Well, you should listen.
Commissioner Teele: He said...
Commissioner Hernandez: He's talking in your ear.
Vice Chairman Plummer: All right. The motion is, is to deny. Is there...? It's a motion or an
ordinance?
Mr. Maxwell: It's an ordinance.
Vice Chairman Plummer: It an ordinance. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: A what? Mr. City Manager, you wish to clarify what?
Mr. Jose Garcia -Pedrosa (City Manager): No, no. I am just concerned. A "yes" vote means
"yes" for the motion or "yes" for the vote?
Mr. Maxwell: The motion... The motion, Commissioner Regalado, I understand your motion is
to deny this application.
Commissioner Regalado: That's right.
197 April 28, 1998
Mr. Maxwell: This ordinance.
Vice Chairman Plummer: So that would be a "yes" vote.
Mr. Garcia -Pedrosa: But you just...
Mr. Maxwell: Of this ordinance. You vote "yes", that's correct.
Commissioner Hernandez: And that leaves the ordinance as is.
Mr. Maxwell: That, the ordinance... The ordinance before you...
Vice Chairman Plummer: We're not... we're not forming Metro, again. A "yes" vote meant
"no." A "no" vote meant "yes."
Mr. Maxwell: Yes. The ordinance before you would amend the code...
Vice Chairman Plummer: He heard you.
Mr. Maxwell: ... to allow... to allow these vehicles in the front yard.
Vice Chairman Plummer: He heard you.
Mr. Maxwell: You vote "no" and those vehicles remain illegal.
Commissioner Hernandez: And that means that the ordinance remains as is?
Vice Chairman Plummer: You vote... That's correct.
Mr. Maxwell: That's correct. Unchanged.
Commissioner Hernandez: All right.
Vice Chairman Plummer: Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call. Commissioner Rega...
Commissioner Regalado: Well, excuse me. You have to vote to deny it, you have to vote "yes"
right?
Vice Chairman Plummer: Ah-hhh.
Commissioner Hernandez: Yes, yes.
Commissioner Regalado: OK.
Vice Chairman Plummer: Call the roll.
198 April 28, 1998
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-449
A MOTION TO DENY PROPOSED ORDINANCE WHICH WOULD HAVE
AMENDED ZONING ORDINANCE 11000 IN ORDER TO SET FORTH
REGULATIONS ALLOWING STORAGE OF MAJOR RECREATIONAL
EQUIPMENT (BOATS, RECREATIONAL VEHICLES [RV's]) IN FRONT YARDS.
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.
Vice Chairman Plummer: I thank you. We will now be adjourned until six o'clock, because the
items scheduled, the last item is for six o'clock. I am warning everybody The Heat game starts
at seven.
Mr. Maxwell: May I? Commissioner, may I just clarify something?
Vice Chairman Plummer: Clarify. Wait a minute. Hold on.
Mr. Maxwell: Just...
Vice Chairman Plummer: Clarification for the record.
Mr. Maxwell: Just, so that we don't have a question when it comes... something like this comes
up again. I... I said you had to read the title just now, because the motion was to deny, it was not
necessary that the title be read.
Vice Chairman Plummer: Clarified on the air. We'll reconvene promptly at six.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 5:46 P.M., AND RECONVENED AT 6:07 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
199 April 28, 1998
----------------------------------------------------------------------------------------------------------------
65. APPROVE MAJOR USE SPECIAL PERMIT WITH CONDITIONS FOR
BAYSHORE PALMS PROJECT -- LOCATION: 1201 BRICKELL BAY
DRIVE -- APPLICANT: MUTUAL OF OMAHA INSURANCE COMPANY
(OWNER) & MULTIPLAN USA CORP. (APPLICANT/PURCHASED) --
FURTHER COMMENTS FORM COMMISSIONERS REGARDING NEED TO
ADDRESS TRAFFIC ISSUE AS WELL AS REQUESTING COPY OF
DOCUMENTS REGARDING BEAUTIFICATION OF AREA.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Plummer: For the record. For the record. Hello? Anyone wishing to speak on
item 18, either for or against, I will ask you, please to go over and sign up with the Clerk
indicating whether you are going to be speaking for or against the item, and we will
systematically call upon you to speak for your two minutes. Let's try to do this as organized as
possible. We will be starting in six minutes sharp. I would like to invite my colleagues on the
City Commission to come back in. We are about ready to start. We are going to start off with
the department's recommendations. I have two Commissioners, I need one more to start. How
are you? I need one more Commissioner to start. Is there a Commissioner in the house? It is
now six o'clock and this agenda says we start at six. At least that's what I read. You called
them. What did you call them, late?
Mr. Walter J. Foeman (City Clerk): All of the Commissioners.
Vice Chairman Plummer: Do we need the City Manager? I don't think so. OK, when they
don't get to go to The Heat game it's their fault. Is there a third Commissioner in the house?
Well, OK. Nah, let's try to do where we are right now, and see how it works out. Does anybody
know where there is a Commissioner? Hello? Can I send the sheriff out?
Unidentified Speaker: Right.
Vice Chairman Plummer: Due to the lack of interest, today has been cancelled. I haven't done
anything for the Boys Club today. Is there another Commissioner in the house? Would anybody
like to volunteer to be a Commissioner? You are not certified to be crazy. We are not going to
finish by seven, and they are not going to see The Heat game if they don't get in here.
Unidentified Speaker: We are not going to finish by seven...
Vice Chairman Plummer: Oh, yeah. We are going to be out of here before 7:00 a.m. Demey.
[phonetic] Just leave it here, and, then, you can draw another sheet. This is crazy. Did they
leave or are they here? OK, we have three votes. We are ready to proceed. Ladies and
gentlemen, this is a very, very important issue.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: I... Mr. Teele.
Commissioner Teele: I would ask you to defer it. Let's wait until we have Commissioner Gort
and Regalado... Hernandez.
Commissioner Gort: Gort is here.
200 April 28, 1998
Vice Chairman Plummer: There...
Vice Chairman Plummer: I got Mr. Gort. Sir, I will be glad to wait to the point of not being
discourteous.
Commissioner Teele: Well, I mean, you know, this is how the County has gotten itself in a
couple of boxes.
Vice Chairman Plummer: I'll wait.
Commissioner Teele: It's enough Gucci in here that whatever decision is taken there could very
well be an appeal. And one of the...
Vice Chairman Plummer: I hear you, sir.
Commissioner Teele: One of the things that the courts have ruled, it's a quayside judicial
proceeding sometimes, and if you are not there from the beginning to the end, you can't vote in
the end. One of the rules.
Vice Chairman Plummer: That sounds good to me. I'll get out. Would somebody go out and
grab Hernandez by the ear and bring him in.
Commissioner Gort: He's taking a shower.
Vice Chairman Plummer: Oh, he's in the shower. Somebody lock the door. Love it. Yep.
Would somebody go see if Mr. Hernandez fell in? [APPLAUSE] Yeah, you made a grand
entrance. The salary is excellent. Again, ladies and gentlemen, this is a very important issue.
The Chair is going to exercise a great deal of discretion. I don't want to deny anybody, but I am
going to ask you to cooperate with the Commission in not being repetitious which has a tendency
of not stating what you want us to hear, but people wanting to editorialize and the elected
officials are probably the worst offenders here. But I am going to ask you to cooperate with the
Chair. Anybody that wants to speak will have that opportunity. And at this particular point, I
am sorry that I have to ask you to stand and raise your right hand if you do intend to testify so
that the City Clerk can in fact, swear you in. All right, 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: Thank you. I will now give the opportunity to the applicant.
Commissioner Gort: Staff.
Vice Chairman Plummer: How long? Staff, yes, of course. Go ahead, staff.
Ms. Lourdes Y. Slazyk (Asst. Director of Planning & Development Dept.): Two minutes. I
promise. For the record, Lourdes Slazyk, Assistant Director of the Department of Planning and
Development. The proposal before you is a Major Use Special Permit for a residential complex
comprised of two high-rise towers with accessory commercial space 1,254 parking spaces. The
project is intended to accommodate 749 residential units. The department if recommending
approval with conditions that are attached in your package to the development order. There are
14 conditions in total. Our recommendation is based on findings that the proposed Planned Unit
Development Project will benefit the downtown district by creating new housing opportunities
for employees of the area as well as attracting new residents to downtown Miami. This is
201 April 28, 1998
consistent with our comprehensive plan and our downtown masterplan. The sub... the special
exception was also recommended for approval by the Zoning Board to include a bar/lounge as an
accessory use to the project. The Urban Development Review Board has recommended approval
of the project at their meeting of November 13, 1997, and the Large Scale Development
Committee met on July 25, 1997 and reviewed the project for compliance with technical
concerns. Several issues were brought up at that meeting. Specifically, Public Works required
that the plan... that the developer provide the proposed sidewalk and swale area improvements
including the construction of their half of a cul-de-sac turnaround at the easterly end of Southeast
12th Street prior to a build... issuance of a building permit. Another big concern in the
neighborhood is the construction employee parking, and we have asked that they give us
temporary parking arrangements for the project while it's under construction. The department is
in concurrence with these findings of the Large Scale Development meeting and we will require
they be complied with prior to issuance of permit for the project. It is found that due to the
location of the project along Biscayne Bay the applicant shall also be required to present the
project to the Miami -Dade County Shoreline Development Review Committee for review and
approval. So, we recommend approval with those conditions. We find that it is... it complies
with our zoning ordinance, the intent of the SD-5 district and with the conditions of the
development order, we recommend approval.
Vice Chairman Plummer: Thank you, ma'am. And so that the policeman doesn't have to get up
and work too hard, our requirements are that we wish you would come in and have a seat. There
is no extra charge for having a seat and we would ask you, please to accommodate the policeman
so that he doesn't have to work any extra hard. How much time do you need as the applicant?
Ms. Judith Burke: I believe our initial presentation will take approximately 45 minutes.
Vice Chairman Plummer: No way. You got 30.
Ms. Burke: I'll talk awfully fast. Mr. Chairman, members of the Commission.
Vice Chairman Plummer: So be it. Your name and...
Ms. Burke: My...
Vice Chairman Plummer: ... address for the record.
Ms. Burke: My name is Judy Burke practicing law with Schultz and Bowen, 200... 201 Biscayne
Boulevard in Miami. I represent Brickell Invest Joint Venture, the applicant for Major Use
Special Permit for the Bayshore Palms project. I would like to thank Lourdes Slazyk for her
introduction, and thank Lourdes and the entire City staff for all of this help... their help during
this process. It has been a very long and involved procedure which began with the filing of this
application almost 11 months ago. Throughout the process staff has been helpful, professional
and at all times completely committed to the best interest of the City of Miami. I hesitate to start
the evening with an apology, but I am afraid that our presentation will be a bit lengthy because
of the legal challenge being brought by our opposition Tibor Hollo and Company, it is absolutely
necessary for us to ensure that the record of the hearing accurately reflects the nature of this
project and the decision taken by the Commission today. On that note, I would like to
incorporate into the record today the proceedings of all of the previous public hearings held on
this project. At the beginning of tonight's hearing I provided a binder to the City Clerk which
contains all those documents and I also placed that binder of record at the Planning Department
on April 17th. Also, to save my time running back and forth to the Clerk giving him exhibits as I
go along, I have provided him with a binder containing the exhibits that I intend to proffer
tonight. I would like to begin the presentation with some background information on the
applicant and the project. I would like to, then, call on the members of our development team to
202 April 28, 1998
present the project to you. In addition to the development team we have retained the services of
a number of independent experts to evaluate the concerns which have been raised by our
opposition. As part of our main presentation, each of them will make a brief opening statement.
I would, then, like to turn the meeting over to our opposition for their presentation and then I
hope the Commission will ask the residents who live in the area to speak on the project. I would,
then, like to reserve...
Vice Chairman Plummer: The Chair will turn it over to the people who will speak accordingly
in opposition.
Ms. Burke: OK. If I could, then, reserve sufficient time to address any issues raised by either
the opposition or the public.
Vice Chairman Plummer: You will have a chance of rebuttal as long as it is not repetitious.
Ms. Burke: OK. The applicant is Brickell Invest Joint Venture whose principle is Jose Issac
Perez. I have had the pleasure of representing Dr. Perez for the last six years. He is the founder
of Multiplan which is one of the largest developers of shopping centers and residential
communities in Brazil. He is also the developer of the Ilviallagio Condominium Project which is
nearing completion on Ocean Drive in Miami Beach. As you might have heard, the Ilviallago
project has been extremely successful. So successful that Dr. Perez began a search for a sight in
the City of Miami that would offer a similar opportunity to develop a world class project. There
were originally three sites that were offered for sale by Mutual of Omaha, he chose the
waterfront property. Obviously, it was a lot more expensive than the other two sites located just
to the west which were eventually purchased by Mr. Hollow. However, Dr. Perez was willing to
make that investment in the City of Miami. He didn't enter into a contract subject to obtaining
zoning. He actually closed on the purchase of this site. Dr. Perez then assembled the same
development team that created Elvealego and instructed them to design a project that would
require no variances and would be in complete compliance with the City's zoning code. With
those marching orders the development team developed two elegant high-rise residential towers
containing the total of 749 units. The project also includes certain accessory commercial space
including a restaurant to be located in the northeast section of the property adjacent to Baywalk
which is opened to the public. This parcel could easily accommodate a residential development
in excess of 2,500 units under the City code. As you know the last few projects that have been
approved by this Commission in that area have had extremely high density. For example, the
other Mutual of Omaha site which was purchased by our principle opponent Tibor Hollo was
recently approved with numerous variances in excess of 500 units per acre. Brickell Invest,
however, chose to develop the property with only 148 units per acre. If you were to read the
newspapers you would think that there is considerable controversy, controversies surrounding
this project, and that might seem very strange for a project with no variances and low density. A
project that has complete staff support. A project that was approved by a four to one vote of the
Urban Development Review Board, by the unanimous vote of the Dade County Shoreline
Development Review Committee. The unanimous vote of your Zoning Board and the
unanimous vote of your Planning Advisory Board. However, Mr. Yaffa has objections to the
project and he's voiced those objections at many of the public hearings that we previously
attended. And although he's made a valiant effort to stir up some opposition, and it does appear
that he's brought some friends with him this evening, we have presented this project at five
previous public hearings and only Mr. Yaffa has spoken in opposition before tonight. Mr. Yaffa
states that his only objection to the project is the orientation of the buildings. So, before we
present the project, I would like specifically to address that issue. Section 605.3.2 of the City
Code provides for projects, and this is a quote "... along the waterfronts buildings shall be so
oriented and designed as to minimize impediments to water views from principle public
viewpoints at the ground level and from high portions of nearby buildings." I think you will see
from our presentation this evening that this project is in complete compliance with that
203 April 28, 1998
provision. There is no question that the orientation of the buildings enhances the principle public
view points at the ground level. Placing the buildings on the north, south access allows us to set
the towers way back from Biscayne Bay, thereby opening up the views for pedestrians along the
Baywalk. The provision also seeks to minimize that the impediments to water views from higher
portions of nearby buildings. It does not restrict us only to consider those properties directly
behind the project, but mandates that we consider the views of all nearby buildings, and we have
clearly met that challenge. Because of the curvature of the land along the bay there are many
more views affected by this project than merely those properties directly to our west. Most of
those properties, including the second phase of the Yacht Club which was recently approved by
the Commission are residential buildings. It is all these buildings that we had in mind when we
selected the project design. It is clear that orientation of our two towers will create the least
impediment to those existing views. That fact is clearly attested to by the letter of
encouragement we received from Tory Jacobs on behalf of the approximate 5,000 members of
the Brickell Homeowners Association. Although the association does not take official positions
on new projects, their feelings are very clear and we previously put this letter in the record at the
Zoning Board, but I would like to read it to the Commission and make it part of the record
tonight. This is on Brickell Homeowners' Association stationery addressed to our principal.
"Thank you, for arranging the presentation on our Bayshore Palms project to our Brickell
Homeowners' Association Board of Directors on November 19th. The attendees at the Board
meeting were favorably impressed with the proposed development. We were particularly
pleased with the high quality of design, the low density of development and the sensitive
pedestrian friendly treatment along Biscayne Bay. We took note that you have not requested any
variances in order to develop this project and the Special Exception included in the application is
required only to provide a restaurant along the Baywalk which should benefit the entire area. In
addition, the orientation of the towers of a north/south access appears to be the least restrictive to
the views of the surrounding neighborhood as well as those who travel along Brickell Avenue
and Brickell Bay Drive. We were especially impressed by the contribution of those twin towers
should add to Miami's waterfront profile. Your project looks like the kind of development that
is in keeping with our vision of the Brickell neighborhood's future. We wish you success with
this major undertaking."
Vice Chairman Plummer: I would like to invite everybody to come in, and please have a seat.
Proceed.
Ms. Burke: We also met with many of the homeowners living in the condominiums south of our
project along Brickell Bay Drive. As our nearest neighbors, they will be the ones most affected
by our project. There are six condominium buildings in that area. I have letters of support from
each of those associations. In addition, each of the condominium associations are members of an
extremely active homeowners association by the name of Pointview Association. And I would
like to read into the record a letter from the president of Pointview Association which was
addressed to the Commission. I wouldn't read the other six letters but I would like to read this
one. It's signed by Nely Zamora, president of Pointview, and it's addressed to the Mayor and
Commissioners. "Pointview Association, Inc., is a homeowners association comprised of the
following condominiums and cooperative located in Brickell Bay Drive in the City of Miami.
Commodore Bay, Brickell Bay Tower, Bayshore Place, Pointview at the Bay, Brickell Shores
and Castabella. In total, we represent the owners of approximately 1,000 condominium and
cooperative units. Because our homes are located in the closest proximity to the proposed
Bayshore Palms projects we took special interest in reviewing the plan. We met on a number of
occasions with the developer of the project and were favorably impressed with the high quality
of design, low density of development and pedestrian friendly treatment along Biscayne Bay.
We strongly recommend that the City Commission approve the Bayshore Palms project as
submitted with the orientation of the two towers in the location proposed by the developer. The
fact that the towers have been designed on a north/south access was a significant inducement for
the homeowners we represent to support the project. This orientation allows the towers to be set
204 April 28, 1998
far back from the bay and provides the least possible impediment to our existing views. We
hope that the City Commission will seriously consider the opinion of the existing residents in the
area of the project when making their decision. We believe the project is the kind of
development that will increase our property values and the Brickell neighborhood. We thank
you for your consideration of our opinion. Our opponents may try to convince you that there
are many people who are opposed to the project. I have seen the petition that they have
circulated. It calls for the signature of anyone who lives, works, or recreates anywhere in the
City of Miami. Therefore, someone who lives and works in Stuart, but once had dinner in a
restaurant in Coconut Grove can sign that petition. The people who signed that petition have
never seen the project presented. And the petition includes the untrue statement that the turning
of the buildings would create less impact on the public view of the bay. Heck, I would have
signed that petition. It's the residents of the area, the actual tax paying voters who have spoken
through their elected representatives of their respective condominium and homeowners
association. These people have actually seen the project. Their support constitutes the most
substantial, competent evidence, the project will create the least impediment to existing views.
Our opposition also contends that our project will inhibit commercial development to our west.
That argument is clearly negated by the fact that two developers have recently announced
commercial projects immediately to the west of Bayshore Palms. That's the Barclay's Office
Building and a 75-story millennium tower. Those developers were obviously not worried about
a diminution of values due to our project. As you know, by the comments made by Lourdes
Slazyk at the beginning of the hearing, your City staff is also in agreement that the proposed
orientation of the buildings is in compliance with the literal wording and the spirit and the intent
of your code. With all due respect to Mr. Hallow and Mr. Yaffa, the orientation of the buildings
is clearly not the issue. The issue is whether or not one developer for his own economic self-
interest can delay or derail the project of another developer. The Bayshore Palms parcel was
available for sale a long period of time. Perhaps, Mr. Hallow did not want to pay the price for
waterfront property and he purchased the two western parcels with the hope that he could get his
buildings built and sold while they still retained unrestricted water views. If he could force us
tonight to redesign our buildings it would take us at least one full year to get back before this
Commission. Or, if the project were denied and that ruling were appealed, he knows that would
keep us tied up in court even longer. In any event, delay is the issue today, not the orientation of
the building. We have conducted and will show you view studies which will show that a change
in the orientation of the building will make negligible difference to Mr. Holloy's project or the
office buildings along Brickell Avenue. However, such a change would adversely effect almost
all the existing residential projects along the bay. Besides the effect of the project on the City's
residents, we hope that this Commission will consider the economic benefit of this project to the
City of Miami. The Bayshore Palms project will cost approximately two hundred and forty-six
million dollars ($246,000,000). Brickell Invest will pay impact fees for the combined project to
the City of Miami in excess of three million dollars and the annual projected ad valorem taxes
payable in connection with the project is nine point five million dollars ($9,900,000). Of that
amount, the City of Miami would keep annually three million seven hundred and forty-five
thousand dollars ($3,745,000). An estimated 325 jobs will be created with the approval of this
project including the professional fees in construction jobs. I would like to now introduce the
members of the Bayshore Development team. As Developers Representative, Manny DeZaraga
who is the managing director of Solomon Goldman and Company. He is with us this evening
along with colleague Thai Hines. [phonetic] The traffic impact analysis which is part of the
MUSP application was prepared by the firm of Carr Smith Corradino and their representative,
Mr. Armada, is available to answer questions. Also with us is co -counsel, is Tony O'Donald of
the law firm of Baker and McKenzie. We asked Tony to assist us in reviewing the City's code to
confirm that we were in total compliance and to help us address any legal issues raised by our
opposition. The Economic Impact Analysis which is part of the application was prepared by
Merchant Associates, Inc., and Beverly Merchant is here tonight to answer any questions. And,
also Ms. Merchant's qualifications were not part of the MUSP application and I have submitted
that to the Clerk to be part of the record. The landscaping for the project was designed by the
205 April 28, 1998
firm of Bradshaw Gill and Associates, and their representative Taft Bradshaw is here tonight to
present their plan. We have also retained the services of three independent consultants to present
expert testimony. I previously delivered to the Clerk and now make part of the record, the
qualifications of John Blazejack of Blazejack and Company who will testify on economic issues.
The resumes of Harvey Sasso and Mary Newton of Coastal Systems, International who we asked
to assess the environmental impact of the project. I have also submitted the resume of Dr. James
Forquaran [phonetic] a foremost authority on seagrass preservation who will assist Ms. Newton
and Mr. Sasso. And finally, the resume of Reginald Walters who among other positions was
Planning Director for Dade County for 28 years. And last, but not least, I would like to
introduce our architect, Luis Revuelta. As you know, Luis is also the architect of I1 Villagio,
Bristol Towers, and Santa Maria. I am very pleased to call upon Luis at this time to present the
project. Thank you.
Vice Chairman Plummer: Let me ask a question. If in fact, the opposition is solely in opposition
as to the spacing... What is the terminology?
Ms. Burke: Orientation.
Vice Chairman Plummer: The orientation of the buildings, do we really need to go into the rest
of it? I am only asking the question. If in fact, that is the only bone of contention..
Ms. Burke: Ah...
Vice Chairman Plummer: ... that we can address the issue that is the burning desire, do we have
to address the rest? Is really I think, is really the question that we have to deal with.
Ms. Burke: Well, it seems that the orientation takes many phases. One is a phase in terms of
planning which Mr. Walters will address. Another is how the orientation affects the economics
in the area which Mr. Blazejack will address. And then we read in the newspaper that they've
said the orientation somehow is going to kill all the seagrass...
Vice Chairman Plummer: OK.
Ms. Burke: ... so we brought in someone to address that issue.
Vice Chairman Plummer: My problem is, is putting on your experts and have them come out to
come back to have to go back to the experts, again. I am trying to avoid that, if possible.
Ms. Burke: We are going to try to make our opening statements by our experts very brief so that
we only bring them back if they raise issues that are necessary for the record.
Vice Chairman Plummer: OK. All right. Go ahead. Because let me tell you something...
Ms. Burke: I am sorry, but...
Vice Chairman Plummer: ... just for everybody's edification, I don't know how long you all
want to stay here, but there is an awful lot of people wishing to speak. So, I ask you to speak as
if you were paying for a long distance call to Hong Kong.
Ms. Burke: OK, well, now we present the project. Luis.
Vice Chairman Plummer: For the record, who wishes to speak, come on. Your name, mailing
address.
206 April 28, 1998
Mr. Luis Revuelta: My name is Luis Revuelta. I am the architect for the project with offices at
4260 Southwest 73rd Avenue.
Vice Chairman Plummer: I suggest in the future, you get an office in the City, but proceed, sir.
Mr. Revuelta: Point well taken, sir. Thank you very much for allowing, you know, us to present
our project tonight. When the owner first was looking at buying this piece of property, we did a
few things along with their due diligence studies. The first thing to do was a site analysis study.
A study, pedestrian traffic in the area is really nonexistent, but we have to the south of us a most
unique public baywalk, and we felt that was important to preserve. Our original goals were to
look at the zoning ordinance and look at the intent that SD-5 had of maintaining 12th Street as an
attractive and focal point for pedestrians to the bay. From the very beginning in the site analysis,
we felt that creating focal points and magnets to attract people to this Bayfront walk that we
would eventually have to provide and connect to the existing one and to the one to the north of
us of a project that is currently being built was very important. We felt that restaurants,
promenades, lounges, plazas, fountains, well landscaped and seating areas along with retail and
com... retail spaces fronting Bayshore and 12th and 14th was something important to protect in
our site analysis. We determined preferential views. Obviously, City views and bay views,
Brickell Key, Key Biscayne were important views to capture for the residents of the future
Bayshore Palm. We studied vehicular traffic and it will be essentially Bayshore travelling north
and south 12th, 14th and we expected minor access from 13th Court and 12th Terrace. We
studied the effects that nearby buildings, that we would have on nearby buildings and the effects
that nearby buildings would have on us. We identified a project that is currently being built that
is called Yacht Club. This project, specifically, Phase II which has not yet been started would
be... the south of that building would be facing our project... our project on our property. It is
approximately a 40-story high structure. One of the concerns that we had from the very
beginning was not to create a canon <phonetic] effect on 12th based on what I just spoke about
on the original intent of 12 which was to create an attractive way for pedestrians down to the
Bayshore. To the west of us there is a proposed building called Brickell Bay Plaza which is
being developed by Tibor Holloy and Phillip Yaffa. This building, the narrow portion of this
building is facing the west side of our project. And again, compared to the building to the north
of us, it's a very, very narrow space. I am reiterating again, the canon effect on both on 12th and
Bayshore. That is something that we had in mind and concern about what could eventually
happen on the other sites. Buildings to the southwest of us is Fortune House, under construction.
Again, those units are facing us and the view that they have of us will be a northeast view. And
again, essentially due south of us we have the Pointview neighborhood with buildings that
essentially there apartments are looking north to our building. We made a study of the view
corridor and setback requirements. Our site is 220,000 square feet. Of the 220,000 square feet,
the blue shaded area that you see here are required setbacks, view corridors and areas which are
in the slightly different blue color that are... that have been devoted as open areas accessible to
views and pedestrian. The area that you see in yellow is the floor plate of our building. That
area is approximately 108,900 square feet. In essence, half of our site is dedicated to views,
open vistas at ground level to the pedestrian which is the principle intent of SD-5 and the Class II
permit, Loggias, shaded areas and landscaping, fountains. That does not include the area of the
restaurants that are there that will also be accessible to the public, but they will be part of the
building floor plate. As part of our study, we also made an analysis Peter, where is the board
that I had? The board that I just had.
Vice Chairman Plummer: I think you have got too many people working on this project.
Mr. Revuelta: We made a study of the building orientations, possible building orientations.
North, north/south, parallel versus east/west perpendicular. The north/south parallel option
allowed us to have buildings which will be greater setback from the water. By providing a very
thin building and setting it back from the water would allow us to respect the public promenade
207 April 28, 1998
that we will be providing on the east side of this... of this project. By an east/west perpendicular
orientation, the east portion of this promenade will be substantially encumbered by a building
structure, whether we build three or four buildings which were studied, rentals or condominiums,
perpendicular to the water would really bring those buildings close to the water. The north/south
parallel orientation provides and creates visual access to the roof plaza amenities for the nearby
buildings. Substantially allows both buildings to the north, the northwest south and southwest to
have better views of the water. Provides a less canning (phonetic) effect on 12, while the other
one those provide that. We feel that maximizes the views. In terms of the shadows whether the
buildings were perpendicular or parallel to the water the shadow studies that we made were it
were essentially the same and it minimizes the impact on the pedestrian. Our program and goals
from my client, that he established from the very beginning was not to request any variances,
meet all the current regulations and intent, maintain a long density on the project, provide
enough parking for marketing demands, but minimize the parking impact and the parking
pedestal. Make it functional, make it feasible on a budget. Make it marketable after the bay and
City views reserve their privacy between the Bayshore Palms residents as well as the nearby
residents and make it an architectural landmark. Create an attractive and well -landscaped public
plazas like we talked about before encouraging the pedestrian to traverse through our project and
through attractive connectors between Bayshore and the bay, which is again, one of the intents of
SD-5 and the Class II permit. We wanted to provide attractive roof tops for both our pedestal
and our building to provide a landmark for the sea's skyline and I... using the monumental
courtyard that we have provided in the center. Of the project, we have achieved with the
setbacks and the many plazas that we have to the north and the south, we have achieved that
objective. We explore different building types and different view studies that I would like to
share with you quickly, and, then, I'll move on and just give a brief description of the project.
Vice Chairman Plummer: You have used 27 minutes so far.
Mr. Revuelta: As you can see, the building to the south of us, to the west of us is substantially
oriented with units north and south. We did this study to prove to ourselves and a suggestion of
the UDRB (Urban Development Review Board) of our buildings in a different configuration or
different building types would affect the views. As you can see, the buildings as proposed or the
buildings tilted at an angle have a very similar effect on the south side of the building which is
the only side of this building that is substantially affected along with the two units that are on the
west side. That will be a four -building concept which will be essentially rental units that blocks
substantially the view to the south and the same thing would happen with an L-shaped type of
building that would have a very similar effect. All these concepts were developed with the
premise that they will be as -of -right with no variances, meeting all code requirements. We
realize that any towers on this type of urban settings would affect our neighbors, whether it's a
condominium, a rental apartment building, hotel or office building. The slender the towers the
further they are pushed back to the water, the less effect that they have on the pedestrian and
nearby buildings. Buildings are not viewed on a straight on elevation. They are seen 95 percent
of the time in an oblique fashion. I have always felt that avoiding the wall to wall syndrome
that's created by buildings that have been developed historically on narrow single-family homes,
provides to the pedestrians and the vehicular traffic that is predominantly north and south, a wall
to wall effect. I would like to show you briefly. These are views of our buildings turned
perpendicular to the water. These are our views of our building as proposed. This is an example
of a building that I designed, the San Rio on Brickell Avenue, that if you meet the current
regulations, setbacks and view corridors, and you have a wider site, wider than the typical
narrow sites, these buildings parallel to the water, do provide a relief for the pedestrian and the
vehicular traffic. All the sky here, that you would see on the side would be gone if the building
was perpendicular to the water. It's something that I feel very strongly about and I think that as
long as you meet current regulations that have been carefully throughout three years by the
Planning and Zoning Department, this relief is better for the pedestrian and the vehicular traffic
and nearby buildings.
208 April 28, 1998
Ms. Burke: Thank you, Luis. Unless...
Vice Chairman Plummer: Excuse me, the building just tell.
Ms. Burke: I hope that's not a sign. Unless, anyone in the Commission has an specific question
to Taft Bradshaw who provided our landscaping plan, I thought maybe we move it along.
Vice Chairman Plummer: Let's hold... It we can, let's hold it for rebuttal.
Ms. Burke: OK. So, now, I would like to introduce John Blazejack who will make a brief
statement in response to certain economic issues previously raised by our opponents. Mr.
Blazejack has his BA from Florida State University. His MSM real estate degree from Florida
International University.
Vice Chairman Plummer: Did you surrender that for the record?
Ms. Burke: Pardon me?
Vice Chairman Plummer: Did you surrender his qualifications for the records?
Ms. Burke: Yes, I did.
Vice Chairman Plummer: I think that should be adequate, Mr. Attorney.
Ms. Burke: OK. Mr. Blazejack.
Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Yes, unless there is objection from the
opponents.
Vice Chairman Plummer: Thank you.
Ms. Burke: It's all yours.
Mr. John Blazejack: Thanks. John...
Ms. Burke: Don't knock the buildings over now.
Mr. Blazejack: My name is John Blazejack. My office is at 655 Southwest Miami Place. I am
looking at three issues. The impact on rents for office space. The impact on rental apartments
and the impact on condominiums whether they are built as planned or turned perpendicular. So,
I have three issues to think about. I think that these large projects are going to be a major
positive for the Brickell community and turn the market into a 24-hour community that we have
been working for, for years. There is about six projects coming that have this magnitude that I
think are going to make the difference. The economic impact of the projects surrounding the
entire market are going to be positive in our effect. As as far as office buildings, I don't think
there is any rental difference between 1221 and 1401 with this building there. I just... The main
thing with office buildings at Brickell has been the Brickell address, not whether it's waterfront
or not. People, the tenants want Brickell assuming that you get all the rest of the amenities in an
office building. So I don't see a difference there. As far as rental apartments, I think the
difference that we came up with in our recent study we did, we think that non -waterfront rental
apartments can achieve about one dollar forty ($1.40) a square foot on a rental basis and the
difference between water and non -water views is between two hundred and two hundred and
fifty dollars ($250) a month, as an amenity package. We are comparing island club to fifteen
209 April 28, 1998
fifty, to give you some idea. So, we are looking at comparisons in each case. The big deal here
is condominiums. Bayshore Palms' plan will enhance the image of Brickell. It will support new
retail and office growth and add to the tax base. A reorientation of this particular building would
cause, we think, about 65 percent of the units to lose premium view amenities. What's worked
in Santa Maria is that, through building view that Luis has designed, and that's what the public
wants or the buyers want. They see want to see both the view of the water and of the City and
that's what the hot item is, and that's what they are carrying forward to this project. A reduction
in units with views would lower the prices and also lower the market share, the absorption. The
cost of the condominium units at a high-rise of this magnitude is very expensive and if you lose
that price point and you lose your... the rate... the speed of selling these units, it quickly becomes
non -feasible. Competing condominium projects that have the waterfront views like Tequesta
Point or Santa Maria, or the projects over in Key Biscayne like Grand Bay or Ocean Club all
offer that parallel through unit view which is the item in the market today. The highest and best
use of this project would change to rental, if the orientation changes. Thank you.
Vice Chairman Plummer: Thank you. Does that wrap it? No.
Ms. Burke: No. Two more. I would like to introduce Mary Newton. She is with Coastal
Systems International. We asked them to do an environmental assessment on the project, and
she will briefly present that. Thank you. And her resume and qualifications are in the record.
Ms. Mary Newton: Good evening. My name is Mary Newton, I am a marine biologist with
Coastal Systems International. Our company was asked to look at the marine resources in the
area and determine any potential effects that this potential development had on the area. In order
to do this, we conducted a barometric and seagrass investigations which allowed us to map the
seagrasses in the area and to determine whether or not the proposed towers would have an effect
on them in relationship to the shadows that are thrown along Biscayne Bay. We did a shadow
and light attenuation study for the entire year. We found that the most impactive time was the
Fall... sorry, the Winter, December 23rd, and that's what you see here. This is the proposed
tower on the north/south line. You have shadows at one o'clock, three o'clock and five o'clock
in the afternoon. Over here you see the percentage of light which reaches the bottom of the
Biscayne Bay in the area where the shadows are. Now, without the shadows what you would
expect is to see these lines go straight across. In other words, 30 percent of the light would be
reaching the bottom in this area, 40 percent in this area, and 50-60 percent in the area to the
shore. The reason it is reduced is because the symmetry gets deeper. Now the towers are
creating these little bumps and down and reductions of light in this area. However, it is
important to remember that seagrasses need at least 20 percent of the light to reach the bottom in
order to grow efficiently. In this... in every area that's impacted by the shadow of the proposed
towers, you have well over 20 percent of the light reaching the bottom. In other words, there is
no impact by these towers unto the seagrass beds in Biscayne Bay. We were also asked to look
at the other scenario, the rotated tower, and that's what you have on the bottom. Again, the
shadow is at one o'clock, three o'clock and five o'clock. And again, the percentage of light
reaching the bottom. Again, you see we have well over 20 percent in every area that is impacted
by the tower shadows. So in conclusion, we found that whether the towers are rotated as
proposed or as rotated as requested, there will be no impact to the seagrasses in Biscayne Bay.
Vice Chairman Plummer: Thank God.
Ms. Newton: Thank you.
Ms. Burke: Thank you, Mary. I am very pleased now to introduce our final expert witness,
Reginald Walters. And, Mr. Walters is eminently qualified to testify on planning issues...
Vice Chairman Plummer: A long time known factor in this community.
210 April 28, 1998
Ms. Burke: ... and codes compliance as the Planning Director of Metropolitan Dade County for
28 years.
Vice Chairman Plummer: That we won't hold that against him.
Ms. Burke: OK. Mr. Walters, please. And I told him he could just ramble on. So...
Vice Chairman Plummer: Reginald, welcome. It's always nice to have you here.
Mr. Reginald Walters: Mr. Chairperson, members of the City Commission, Mr. Manager, other
staff, ladies and gentlemen. It is a pleasure to be here and it's a pleasure to be associated with
this project. I... By the way, my name is Reginald Walters. I reside at 7300 Southwest 61st
Street. My wife and I have lived there for 38 years. We have been in Dade County, 39 years.
My tenure with Dade County for 33 years with the Planning Department, 28 as Planning
Director has enabled me to review many projects of large scale nature. Not only review them
and making recommendations but also observing how they turned out and whether in truth
turned out the way we visualized them. In this instance by the way, in preparation, I was asked
by the clients if I would merely evaluate very thoroughly and if I could not support, that's fine.
And that's about the only condition and basis on which I will accept any commission. I am
retired now, basically. I do enjoy doing free-lance type of consulting work. I spend hours
reviewing the testimony of both... before your Development Review Board as well as your
Planning Advisory Board. I visited the site. I looked over your codes and your requirements of
your codes and I feel on the basis of that, without hesitation my feeling is, this is a project of
signature importance, signature quality. I think if built as planned and proposed it would be a
true credit, not only to the City of Miami, but to Dade County. Something this tall, by the way,
had better be nice, had better be good because it's going to stand out and be quite an impression.
And I have satisfied myself at least, that this is truly an exemplarity project. I have enjoyed
working with the many team members. I have asked many questions of them to satisfy my
inquisition as to the elements that I am mostly concerned with which is urban design, and
especially in this instance, the orientation of buildings in view. And with that, I would like to
focus my remaining brief comments on that aspect of this. I think to the credit of your zoning
code in this RU, this SD-5 district, there is not the mandate that the buildings be oriented
perpendicular to the water. It leaves that orientation subject to other tests, and other criteria.
And a reference has been made by Judy earlier, to one of these tests and it has to do with
orientation and views. And this is uttermost importance. Certainly, in this district with this type
of density and intensity of buildings, and with this proposed type of development, you may
satisfy one person and totally make unhappy someone else. There is going to be that kind of
impacts. The important thing is looking at all aspects and balancing them off as to what is truly
in the best interest and does the minimal amount of harm to any one party. I think the first thing
that impressed me as I evaluated this, was the size and configuration of this site. This site is
about five acres in size, it's long exposure is on the bay. Six hundred feet of this sides on
Biscayne Bay. It's depth back from Biscayne Bay is only about 300 feet. So just looking at the
configuration, the site would suggest an orientation of buildings that go the same access as the
site itself, which would be parallel to the bay. This is unlike many of the platted lots in Brickell
Avenue which was done years ago when most of these lots were platted for large estate homes in
which they were long and narrow. Each one providing an access to the bay but being very deep.
There have been some instances where developers have combined these lots to give large sites
such as this, but for the most part, the development that exists now in Brickell and has
developed, developed on much smaller lots that were long and narrow. The orientation almost
was precluded and.... and, and predicted that it had to be a.. an access that was east and west
perpendicular to the bay. In this instance I say, it gave the developer an opportunity to see just
what is the best access. What is the best orientation. And, certainly a project of this quality and
the projected cost of owning these condominium units, this developer expected nothing but
excellence from all standpoints.
211 April 28, 1998
Vice Chairman Plummer: How much longer?
Mr. Walters: Very briefly, very briefly.
Vice Chairman Plummer: Everyone kept saying that.
Mr. Walters: I know. I want to now make reference to the evaluation that was extensive and
thorough especially done by your boards, and your staff on this. I have already given you my
bottom line of consideration that this not only satisfies and meets thoroughly all of the
requirements for view and for orientation, but especially your Urban Development Review
Board spent two separate meetings on this. Their first meeting, they had very serious questions
about this, because this was something that was done different than what normally has been the
case and development along Brickell. At that point, by the way, they deferred asking the
architect to do additional, extensive studies and bring it back to them. Jack Luft, long time
member of your staff, a person who I regard, very highly. I think he is one of the finest urban
design planners anywhere in the nation. And he's had good experience here and I think he's
performed extremely well for the City. I would like to quote some references that Jack had of
this project. Initially, Jack was quoted saying to the board that his initial reaction was similar to
the reaction of the board members, and that is, this... public... this project probably should have
buildings oriented perpendicular to the water. And he quoted by saying "... your..." meaning the
Urban Development Review Board "... reaction was pretty much like mine, initially, but after
field checking the neighborhood, I changed my own mind." Between the deferral by the Design
Review Board and little over one month later when this project came back to them with
extensive studies on views and orientation, Jack Luft, here again, testified before the Review
Board that he had had the opportunity and he took this opportunity to go out into the
neighborhood. Now, if anybody knows Miami better than Jack Luft, I don't know who it would
be in terms of appreciation of design and orientation and magnitude and scale of buildings. But
Jack went into the community, all the way from north of the Miami River, south to Rickenbacker
Causeway, went up into many of the high-rise structures and actually viewed this site with the
visualization of what was proposed to take place and from the standpoint of what impact it
would have on any one of these buildings. Jack's conclusion by the way, and he's objective.
And, I quote his objective as stated in the testimony. He said, "I tried to get a sense of what were
the more complexed relationships between building and view corridors and the environments
that are surrounding them." Then, Jack went on to say "... my greater responsibility was to try to
find a balance of all the view impacts and the value of those view impacts concerned in the
larger community and make a weighted decision." And I think we all agree, this is exactly what
has to be done. Not only by the experts but by this Commission because any one particular
location you can say what the impact would be, but you have to consider the totality. You have
to consider just what is the best for the total community and does the minimal amount of harm.
Jack's conclusions were this, and I quote this: "There would probably be on balance more
adverse impacts in terms of limiting key corridors of view by turning these buildings at right
angles to the bay than there would be to the more westerly projects facing a project parallel to
the bay." He goes on to conclude by saying. "We are on balance comfortable with the
orientation that they, the developers had at the beginning and still have because I think it has the
least impact to the most people." Before your Planning Advisory Board, Jack was no longer
with the City then, but your very able Lourdes Slazyk, excuse me for stumbling. I haven't used
that name that much to make it come out smoothly. I thought she made a very astute observation
and I would like to quote her. She quote... She observed to your Planning Advisory Board, "If
these had been two square towers, we probably wouldn't even be discussing this tonight because
squares don't have a thin side access or a long side. But because the applicant chose to chip
away at the squares and create a project with a lot more architectural integrity, they are being
penalized by even discussing orientation." And, so often it's been my experience that when a
developer attempts to do something creating an unordinary, rather than something he knows
212 April 28, 1998
really will have the least amount of controversy, it's easier to go through but it certainly doesn't
produce the kind of quality which I think this City demands and which certainly I think this
community is deserving. Yes, this developer, if turned down could sell... this land could be
divided into three building lots, and, then, you would be faced with three towers or three
buildings lots, probably similar to the Four Ambassadors square towers, far less the potential
significance that this development would have. And I would employ you, this Commission, that
you would consider the quality that this developer is proposing to build in... in Miami, and
certainly without any reservations I would encourage this Commission to wholeheartedly
endorse this development and in effect complement quality of design and development with a
sensitivity to the surrounding development. One last thought. Most of the time, and it's been
my experience that most of the opposition came from adjoining residents and the owners.
Rarely, has it been my experience that it seems to be developers fighting in which the residents
that are directly affected, and mainly these who have condominiums along the Bayfront are those
that are endorsing this and saying, it has been sensitive, we do endorse this. We do support this.
This is very unusual twist in my experience. And I think in this instance, the residents are
displaying a lot of sensitivity to what affects them the most, and that's their home, their location,
and what they feel is best for this community. I think you, Mr. Chairperson. [APPLAUSE]
Vice Chairman Plummer: All right. All right. This is not the Ted Mack Amateur Hour. I
would ask you to, please refrain from booing, hollering and calling names. Are you finished?
Ms. Burke: Yes. That completes our initial presentation. And...
Vice Chairman Plummer: Thank God.
Ms. Burke: ... we thank you very much for your patience and your attention.
Vice Chairman Plummer: You will have time for rebuttal.
Ms. Burke: Thank you, so much.
Vice Chairman Plummer: Now, Mr. Yaffa, I am very much aware sir, that you are the main
opponent. Yet, on my list of speakers, you are the last to sign up. Do you wish to proceed first,
and, then, others follow you? I am only asking for a matter of trying to organize in a way that is
best.
Mr. Phillip Yaffa: For the record, Phillip Yaffa, 100 South Biscayne Boulevard. Perhaps, it is
my passion how I feel about this issue that led the public to believe that I am the pro... major
proponent, and that Mr. Holloy is the major proponent. In fact, we have a group of investors that
have spent more than five hundred million dollars ($500,000,000) represented here and we are
an ad -hoc [phonetic] committee. So, please, please understand that this is...
Vice Chairman Plummer: OK, I understand what you are saying, but help me out as to who is
going to speak first...
Mr. Yaffa: The attorney representing the ad -hoc group of five or six or seven different property
owners will open our presentation.
Unidentified Speaker: No, no, no. Last. We would go last after the public. We will go last
after the public.
Vice Chairman Plummer: Well, I have Mr. Jude Williams.
Mr. Yaffa: Oh, I see. You want the public. You would like the public to speak next.
213 April 28, 1998
Unidentified Speaker: We would like the public to go first.
Vice Chairman Plummer: I don't know. I am trying to ask what is the best procedure.
Mr. Yaffa: We would this public to go... We would like the public to go first.
Vice Chairman Plummer: All right, Mr. Jude Williams. I am sorry.
Mr. Ron Mastriana: No, he's part of our...
Mr. Yaffa: Jude, you are part of our group.
Mr. Mastriana: He's part of our...
Vice Chairman Plummer: I am sorry.
Mr. Mastriana: My name is Ron Mastriana.
Commissioner Gort: He's part of the presentation.
Mr. Mastriana: He's part of the group, so you could just allow the public to go first.
Vice Chairman Plummer: All right then, how about Mr. John Henning? Is he part of your
group?
Mr. Mastriana: Yes, he is.
Vice Chairman Plummer: All right, how about, Mr. Frank Schnidman? Is he part of your...?
Ms. Mastriana: Yes.
Vice Chairman Plummer: He is a part of you. Mr. Thomas Schlosser. Is he part of the group?
Ms. Mastriana: Yes.
Vice Chairman Plummer: All right. Gloria Hernandez?
Ms. Mastriana: Yes.
Vice Chairman Plummer: Yes. Is it, Mer... Marcus Denville? Am I close on that? Is that part
of the group? Is that person present?
Mr. Marcus D. Denville: That's me. I am also part of the group.
Vice Chairman Plummer: I am sorry, sir.
Mr. Denville: I am also...
Vice Chairman Plummer: You are... They don't know you, but you are part of the group. All
right. Ralph Warburton.
Mr. Ralph Warburton: Yes.
214 April 28, 1998
Vice Chairman Plummer: Are you part of the group, sir?
Mr. Warburton: Yes.
Vice Chairman Plummer: Boy, you have got a lot of people on payroll. Ron Mastriana.
Mr. Mastriana: Why don't we just go ahead and start.
Vice Chairman Plummer: Well, hold on? Phillip Yaffa, are you part of the group? Then, sir, go
ahead and proceed. About how long do you think, you might need?
Mr. Yaffa: Two hours. [phonetic]
Mr. Mastriana: Well, they were about one hour, I guess.
Vice Chairman Plummer: No, sir. They were exactly...
Mr. Mastriana: Forty-six minutes.
Mr. Walter J. Foeman (City Clerk): Forty-six minutes.
Vice Chairman Plummer: Thank you.
Mr. Mastriana: We will be less.
Vice Chairman Plummer: I appreciate that. Proceed sir. And excuse me, for the people who are
going to speak for, OK, I have all of you listed here. I'll come to that after they are finished. Go
ahead, and proceed sir.
Mr. Mastriana: Good evening. My name is Ron Mastriana. I am a development attorney, have
been for twenty something years in Dade, Broward, Palm Beach counties. My office is in Ft.
Lauderdale at 2750 North Federal Highway.
Vice Chairman Plummer: Question, sir. Are you appearing... Are you appearing here for a fee?
Mr. Mastriana: Yes, I am.
Vice Chairman Plummer: Are you a registered lobbyist with the City?
Mr. Mastriana: Yes, I am.
Vice Chairman Plummer: Thank you, sir.
Mr. Mastriana: You are welcome. Our team is comprised of developers, lawyers, architects,
planners and CPA's. Our lawyers and myself, and I have been practicing development law for
some time. I don't do opposition law. Represented over one billion dollars worth of property in
Dade County. With me is, John Henning who has been a City Attorney with many cities for
almost 20 years. And Frank Schnidman who is now a professor at the University of Miami, head
of the development, the real estate development program at the law school. We represent parcels
of land that are directly behind this property. And I believe that most of you have received a
letter indicating from them all of the properties they represent. And if I could, just point to the
parcel that's being developed shaded, nearly 100 percent of all of the parcels directly behind that
parcel are our clients. These are the people who are actually represented... Let me give you a
yellow paper. I see you are looking and saying, how could you represent some of those. But, let
me give you...
215 April 28, 1998
Vice Chairman Plummer: Yes, some of colleagues are affected by old age
Commissioner Gort: Hey, what can I tell you, we are getting there. Just make sure and get all
the information.
Mr. Mastriana: This is the development parcel. These are the parcels that we represent in
person. So you see, I saw the question on your face, I wanted to make sure you knew what we...
Commissioner Gort: I just want to make sure I know which...
Mr. Mastriana: OK. We have major investments that we believe that are materially affected by
this project and we believe can be cured by a change in the orientation. There are simply... four
simple, but complexed issues. Number one, is the design and orientation. Number two, is
compliance with City policy and codes. We will demonstrate how the present design of the
building violates City policy, the comprehensive plan and City codes by not protecting the
visibility of Biscayne Bay. Three, the economic adverse impact of this development will not
only affect our properties, but will also cost citizens more than one million dollars ($1,000,000)
in tax revenue. And fourthly, we believe that this project is going to create a very, very
dangerous precedent by creating walls along Biscayne Bay that once you approve it, you are
going to have a very difficult time in reversing. We have constructed a model that we feel
depicts it very well. And I want to introduce at this time, Phillip Yaffa, who has been the
principle spokesperson for this group, but is not the only person, as I indicated on the chart. And
Phil, let me... You want to bring this out first?
Mr. Yaffa: Please. Good evening, Phillip Yaffa, 100 South Biscayne Boulevard, Miami. As
Ms. Burke started off, we are not opposed to this development. It's an exciting development for
the City of Miami. We are not opposed to its height. We are not opposed to its density. As
previously stated, we are solely opposed to this orientation because this orientation blocks the
view of this community's most precious resource, Biscayne Bay from lots and lots of people. It
is in fact the importance of the bay view that results in these buildings being oriented this way.
But on this site, in this neighborhood, they are inappropriate and incentive to their surroundings.
These buildings certainly capture the water view for their 794 condominium owners. But they
do so at the expense of thousands of other residents and workers. At the expense of hundreds of
thousands of square feet of offices, apartments and hotel rooms, and at the expense of hundreds
of millions of dollars in investments by developers that relied on the legal historic precedent that
buildings along the waters edge would be oriented so as to maximize the views of the water for
everyone to enjoy. We are seeing in this area of Brickell Avenue, a very unique neighborhood
developing. A first time, true, mixed use urban center of hotels, condominiums, offices, rental
apartments, retail and restaurants. An area that can truly turn the City into its realization of its
long-term goal of a 24-hour a day downtown. These buildings are unique in this area because
they are in such close proximity to one another. These buildings are all separated by single two-
way streets for approximately 60 feet in width. Unlike the condominium building South on
Brickell Avenue, south of 15th Road, where the nearest neighbors to the west are some three to
five hundred feet away; where they are separated by swales and sidewalks and the four lanes of
Brickell Avenue and the 30 foot wide median on Brickell; where the swales and the medium are
heavily landscaped with old and mature trees. In this area, we have single two-way streets that
separate the mass of all of these buildings. These are more urban in character. Here the
buildings are forced to relate to one another. But these twin towers relate only to themselves.
They literally turn their backs on the Brickell area neighborhood. I want to explain these towers
to you. We first heard a lot of these buildings are set far back from the bay, but we want you to
clearly understand that these buildings are built on top of ten story buildings. There is a 100 foot
high pedestal. From a pedestrian experience and from the experience of all the condominiums to
the south of Brickell Point, the orientation of these buildings are almost irrelevant. The
216 April 28, 1998
buildings to the south at Brickell Point are clearly just barely higher than the parking pedestal
that these towers sit on. The towers are 230 feet in overall length. Twenty feet veers off to the
northeast and northwest and southwest leaving what's facing directly west, an area of 215 feet.
Of that 215 feet, 130 feet, 60 percent of the wall facing west is solid concrete. There are two 20-
foot high strips that house in the apartments... their bathrooms and closets. In the center there
are two 45 foot wide strips extending 666 feet in the air of solid concrete. When I say that these
buildings are insensitive and that they turn their backs to the neighborhood, what I am saying is,
of all the apartments are oriented on the east side of the building. On the west side of the
building we are looking at solid walls. We are looking at the areas where the elevator part is,
where their fire staircase is, where their mechanical rooms are, and in two instances where a
bathroom and a closet is located. We have 60 percent of 130 feet of solid wall. What does that
look like? Here, if I was standing on 14th Street at an elevation of 220 feet, this is what I would
be looking at. If I was... If I was standing on 13th Street and I was six feet tall, this is what I will
be looking at. [inaudible] I apologize, I am missing a rendering. The pedestrian experience and
the experience from the buildings that are nearby and to the west of this, is not a pleasant one.
We are looking at solid, dark walls. What kind of shadow does this building have? What's the
impact, if not the visual impact? What is the impact of all these properties to the west and
ultimately to the east? Well, How about at nine o'clock in the morning on December 15th? This
building will cast a shadow 3,400 feet in length. That's more than 11 football fields and the
shadow is 500 feet wide, covering more than four City blocks. At 9:45 in the morning, on
December 15th, the shadow is solid. It extends 2,000 feet. So far the area of Brickell Avenue
between 8th and 14th, at ten o'clock in the morning has yet to see the first ray of sun. How
about if we go at 11:15 in the morning? Now the shadow reduces itself to 900 feet and at 11:15
in the morning, Brickell Avenue has yet to see sunlight. How about if we go to noon? Noon on
December 15th, the shadow was 750 feet in length and we still have a shadow on Brickell
Avenue. How about if we move up to the spring? That's in the winter. How about if we go to
March 15th? At March 15th at nine o'clock in the morning, the shadow is still 2,200 feet in
length, blocking four blocks west of Brickell Avenue. Let's go to 9:45 in the morning on March
15th. The shadow is 1,000 feet long, and as you can see, more than two blocks wide. How
about if we go to 11:15 in the morning, 600 feet in length. And let's finish our March 15th
study. At high noon, the shadow is still 450 feet in length. Ronnie, pass this out to each one. I
would like to introduce into the record a copy of the shadow studies that you have just seen. In
the interest of time, I am not going to take you through the afternoon, but it's not until three
o'clock in the afternoon that Brickell Avenue finally begins to see some sunlight. And, what
happens at three o'clock, the shadow starts hitting on Biscayne Bay and five o'clock in the
afternoon, the shadow encompasses the southern tip of Brickell Key? The Brickell Area
Association for the first time in its 15-year history has taken a position on a development in the
neighborhood. I have been authorized by John Holtsberg, the president of the Brickell Area
Association to read and submit into the record the following statement.
"The following is the position taken by the Brickell Area
Association Board of Directors at its March 10, 1998 meeting. The board approved a
motion to issue an opinion of special concern opposing the north/south orientation of the
buildings proposed by Multiplan U.S.A., on its site on Brickell Bay Drive between 12th and
14th Street."
I submit that into the record. Contrary to Ms. Burke's statement that we went to Stuart and
found diners that were coming into the area once in a while to eat dinner, in the last six days, we
went to office buildings and condominiums and stood on street corners with orientations of the
building as proposed and orientation of the buildings as suggested. In those days, in those few
days, in those few hours, we collected the signatures of more than 600 people who are opposed
to this orientation. I submit these 600 people into the record. We never elected to stop and say it
is a bad project, because this is not bad project. We are very fortunate. They have a very
experienced team and a very committed developer who is financially capable of pulling this
217 April 28, 1998
project off. But I ask you, you are looking at this property from the west, the way the majority
of the residents are going to see it. The way the majority of the people that office and recreate;
and work; and live; and will populate these condominiums; and these rentals, and these rental
buildings will see this. I ask you, just you... just go down Rickenbacker Causeway north to Palm
Beach. Every building with minor exceptions are oriented on this kind of access. Now, what do
we have here? Suddenly, all the light and all the view of Brickell Avenue is opened up to the
public. To these office buildings; to these condominiums; to these apartment buildings; and to
the projects that aren't yet developed, but they will be developed as this City continues to grow.
The apartments that are now in the shadow, that will one day be developed. All of this area of
Brickell Avenue is being deprived. And I would say to you, that in our opinion, this is the best
case scenario. In our opinion, this is the worst case scenario. We have tried to meet with this
developer on a number of occasions to compromise. We don't like standing up here and saying,
hey, we don't want this project. We want this project. We want this site to be developed. But,
let me ask you a question. Let's assume that I did it at my towers. Now my view, this tower, the
bay still exists, the water still exists, and we perceive this to be a better view. Because down this
tower is looking at the Port of Miami, and the cruise ships, and the landing of the Pan Am air
bridge. And this tower is looking down to the Rickenbacker Causeway, and the lights of Key
Biscayne, and Soldier Key and Elliot Key. This is a very dramatic view. How about if we did
this? How about if we turned the towers this way? Dramatic views. There is going to be an
economic impact so great, as to deprive so many people as against a compromised solution,
where we could open up... There is no question that they have designed this building without
variances and without zoning requests. But they have designed this building to the minimum
standards of our code. How about something more than the minimum to recognize the hundreds
of millions of dollars worth of investments of developers that bought and built with the
expectation that this community would maintain its objective of maximizing views to Biscayne
Bay? There is only one reason and one reason only that these towers are being oriented in the
way that they are. And we could hear these wonderful studies that they are so sensitive of the
views of the adjoining condominium owners. And, we listened to Jack Luft's analysis and it's
very interesting that we have the Planning Department saying, "you know what, we need to
protect the views of the buildings on Brickell so they can look north, and the buildings north so
they can look south." When here we have a developer saying "that's not the view we want. We
want to look east." At the first UDRB (Urban Development Review Board) meeting, the board
did not defer, the board voted seven to nothing to deny this applicant, and sent them back to
redesign this building in the correct orientation. At that meeting, Mr. Revuelta, before he knew
there was such significant opposition to this building, truly said what the reason was for
developing this building. Unfortunately, the Planning Development opined that they didn't have
the money to transcribe the minutes of that meeting. So, we have to go to the minutes that were
transcribed by the applicant. And here is what we find Mr. Woltberg, a member of the UDRB
and a respected architect, reiterating to Mr. Revuelta, and I quote. Page 47 lines 14 to 25.
"Luis, you were very truthful. You were very honest and you were very sincere when you
said you were designing these
buildings because this is the way our client wants it to be.
He wants to look at the water, OK? And, you were sincere in
saying it. And quite honestly, what other people do, and you
know, that's their problem. Our marketing plan is to let
people see the water, period."
End of story. And I respect you for that, and I, if you recall, I even said, that's the dilemma that
we are in. We have to serve our clients, and their goal is not necessarily to make the City fabric
better. Their goal is to sell units. I submit to you, gentlemen, that it might not be the goal of the
developer to better the fabric of this City. I respectfully suggest that that's your decision. That's
your concern, to make the fabric of this City better.
218 April 28, 1998
Commissioner Teele: Excuse me. Mr. Chair. Excuse me.
Mr. Yaffa: You have the power and you have the duty to tell this developer that we welcome
them into this town.
Commissioner Teele: Mr. Yaffa.
Mr. Yaffa: We respect them and... Yes, sir.
Commissioner Teele: Excuse me. Mr. Chairman.
Vice Chairman Plummer: Yes, Mr. Teele.
Commissioner Teele: I assume everyone is troubled now. I am. The record needs to be clear.
Now, the testimony of our staff was that it was a four to one vote to defer?
Ms. Lourdes Y. Slazyk (Asst. Director/Planning & Development Department): The original vote
by the Urban Development Review Board was for denial, but they asked the applicant to come
back and to rethink their orientation. And...
Commissioner Teele: But that hasn't been... The first time that we heard about a denial vote
was now. I mean, the staff has not briefed us on that.
Ms. Slazyk: Because the action, the ultimate action that is in here before you, was for the
approval because they went back. Subsequent to the denial, the board asked us specifically if
they were prejudice from coming back with additional information? And the answer was, no,
they can come back as many times as they want. And the... they presented new information to
the director which was Jack Luft at the time. He found the additional information compelling
enough to bring the application back to Urban Development Review Board and it was approved
by a four to one vote.
Commissioner Teele: All right. I don't want to delay... Mr. Manager and Mr. Attorney, it's
very important especially when the testimony is, that we don't have the money to provide a
record. It's very troubling that we get a record that is not totally complete and that we are
learning from someone giving opposition about a vote. Because it was my understanding that it
was a four to one vote to... Now we are learning... I mean, I assume... Is he correct, that there
was a seven/zero vote to deny?
Ms. Slazyk: Yes. That's in a... That was at a previous meeting though and they came back.
Commissioner Teele: So the seven/zero vote to deny. A four to one vote to defer.
Ms. Slazyk: To approve.
Commissioner Teele: To approve.
Ms. Slazyk: And actually on the third time where it was continued. It went in September,
October, November.
Commissioner Teele: I don't mean... I don't mean at all... It's not... I just think that it's really
important that in a matter like this that we get not the last facts, but all... you know, we get the...
the full history. Mister...
Vice Chairman Plummer: Is yours a clarification?
219 April 28, 1998
Commissioner Teele: Mr. Chairman, I... I apologize.
Vice Chairman Plummer: No, it's...
Mr. Francisco Garcia (Secretary/Urban Development Review Board): Yes, sir. Brief statement
of clarification. I am speaking now as secretary to the Urban Development Review Board. Just
to make the record perfectly clear. Three hearings, three presentations before the Urban
Development Review Board. The first one resulted in a continuance of the item by the request
of the board. The second one resulted in a motion to recommend denial as presented asking the
applicants to bring the project back with more information. The last one which supersedes the
previous one, the previous ones, was to approve as submitted, pursuant to the recommendations
of our department and conditions of our department and that vote was split four to one in favor
of recommendation of approval.
Vice Chairman Plummer: Does that answer your question, Mr. Teele?
Commissioner Teele: Yes.
Mr. Yaffa: Commissioner, I don't know...
Vice Chairman Plummer: Mr. Yaffa.
Mr. Yaffa: ... you gentlemen. I have a letter here that was sent to the Mayor and I thought all of
you. It is written by Willie Bermeo, the Chairman of the UDRB. I would like to submit it.
Vice Chairman Plummer: We are in receipt of such... said letter.
Mr. Yaffa: But I would like to read this one paragraph.
"Unbeknownst to me and other colleagues on the board, when
the developer returned for his second presentation, he
returned not with the modification of the site plan, as
requested by the board, but with a more expensive presentation to justify their unmodified
site plan."
"Unfortunately, I had to leave for South American that day, and missed the second presentation.
I was surprised later to learn, the board, by a vote of four to one, recommended approval of the
application, thus reversing the commentary observations and findings of the board at the prior
meeting. Although the second minutes meetings were transcribed, paid for by the applicant, the
first existed only on tape. At the last UDRB meeting, I requested that the City Attorney had the
tapes of the first meeting transcribed and provided to you prior to the April 28th meeting." I
would like to submit this letter into the record, and I would hope that... that all of you would
have an opportunity to read it. And I might request in light of this development... And I would
like... I also have the tapes which by the way we transcribed because the tapes we received from
the Planning Board were recorded at a speed that no other machine can replay. We had to find a
commercial transcriber just to re-record the tape. And Commissioner Teele, I would like to
make... state that in light of this development, in light of the fact that you gentlemen do not have
the benefit of reading the minutes of the April 28th meeting, that perhaps it would be apropos for
this hearing to be continued to give you an opportunity to listen to what the seven board
members that heard this presentation. I would say, and I would leave that for your consideration,
that I would just close with this. This is an important developer, this is an important project, and
I think that we should roll out the tape for a developer of this quality. We should let them know
that we are proud to have them come in Miami and that we are proud to have them invest in
220 April 28, 1998
Miami. But they must also know that we are a City that looks far into our future, and that we
have a plan for development today, and we have a plan for development tomorrow, and that they
must respect that plan because it is respect for our neighbors and as a respect for our community
that will make us into the shining example of the international City... International urban centers
when we turn into the 21st Century. And, I look for your leadership in assuring that Miami
reaches that plateau.
Mr. Mastriana: We will go...
Vice Chairman Plummer: Why are we picking up the noise on the PA system?
Mr. Walter J. Foeman (City Clerk): That's feedback into the system. We are beeping the
communications person now.
Vice Chairman Plummer: OK, go ahead. Are you sure it's not that hand mike? OK.
Mr. Mastriana: Ah, we will quickly go through... I guess it's turned off. We will quickly go
through... Two lawyers are going to present some of the legal arguments very quickly and
present some expert testimony. Then, we have three of the developers of these parcels that are
going to speak, and they will also be very quick. But it's very important to them that they be
heard due to the fact that they will absolutely have an adverse impact on this project. John
Henning will start and quickly go through some of the zoning issues and legal issues and, then,
Frank Schnidman.
Vice Chairman Plummer: Eh? Yeah. The clock should be running
Mr. John Henning: Copies. We have about... Excuse me. My name is John Henning. I am an
attorney with Guss Henning and Mitzer. [phonetic] I am pleased to be before you. I have had
opportunities to appear before government boards and Commissions on both sides of the dais. I
have an office in Ft. Lauderdale. I have registered as a lobbyist, and I am appearing here as a
fee... for a fee. We presented about... We have prepared, our four boards, to review with you the
code... We are handing out reducing of these boards for your convenience and for the record.
We have also through a cooperative office of myself and Professor Frank Schnidman, who will
be speaking in a moment, prepared a legal memorandum which we have provided to the City
Attorney, and we will make copies available to you for the record, and now for your
consideration which covers additional legal arguments and points that we do not want to take up
all of your time reviewing on the record or on... What is unique about the City of Miami Code
is... is that you have a zoning provision in your Charter and it's referenced in the code and its
subsection three double M, and it addresses Building and Zoning. And what's key about your
Charter is that the roots of your zoning code are in the Charter, and in the heart of the City's
legislation, and it provides in 3M that the ordinances to divide by ordinance, Building, Planning
and Zoning regulations and restrictions governing the height, the number of stories, the method
of construction, the type and size of buildings and other structures, etcetera that you are provide
in ordinances which you have in other sections of your code, the actual regulations for buildings
and zoning such as you are hearing tonight. And one of the aspects of great concern is double
"I" it is to preserve the City's natural scenic beauty, the guaranteed open spaces and to protect
the waterfront. And this comes straight from your Charter. Without going into great detail at
this moment, I would ask the applicants at their rebuttal to address and clarify for the record and
for the Commission how the Charter requirements for 25 percent aggregate side yard setbacks
are provided for in this application because your Charter requires to have an aggregate of 25
percent, not fleet, 25 percent of side yard setbacks which would assist in vistas and views of the
waterway. Also you were directed to the Dade County code through your City Code for
shoreline protection and the priorities and the concerns of the Dade County Code, that's Section
33D-31, addresses in the intent to have a... to plan for the procedures and criteria including
221 April 28, 1998
those listed below, some of which are number five: to provide monotony in building heights, and
widths, and appearances along the developed areas of shoreline and above all, to avoid further
walling off of the shoreline through appropriate site preparation and landscape design. Also in
six, paragraph six to prevent the citing of uses along the bay shore that are incompatible with
adjacent and in -water developed areas. We are looking for compatibility with the developed
area and this is what you are hearing about, the people that have joined in opposition to this, so
that this building can be as compatible as possible with... with the adjoining areas. To plan and
design, in paragraph ten, new developments or make improvements to existing developments in
a matter that will enhance the view and enjoyment of the water, the shoreline area from the
street, from the water, and from within the development, overlooking the development. So your
area is referring code sections to protect those adjacent buildings that have views overlooking the
waterway. The next board addresses the SD-5 in Section 605 of your City Code, and there are
numerous provisions regarding the intent and the requirements of this protected area, and we will
talk about this in another moment, and it's also referenced in the memo. The special area of SD-
5, the office area of SD-5. You have heard a lot about the residential and condominium sections
adjacent to SD-5 and in the area of SD-5, but in the SD-5 district, the importance of the upscale
office community that is nearby this development. Let's go... the middle of that section, moving
right along. It talks about high density, so long as it provides public and scenic access to the
natural and historic areas is permitted. Water views, easy access to contiguous waterwalks and
several key water vistas should be available to the public. There are numerous provisions in the
SD-5 section that need... need to be considered to protect this area. Also, moving down to
605.32, I think the bottom of that page, Ron. Along waterways buildings shall be so oriented
and designed as to minimize impediments to waterviews. From public, principle public
viewpoints at the ground level, and from higher portions of nearby buildings. So, we are looking
at the pedestrian, the public and the nearby buildings that have a right under your code to be
protected. Now, is this as they claim a matter of right? Is this development appropriate under
the MUSP permit? Certainly, that is for you to determine and based on what you have heard,
and will be hearing, it is.... it is clear that there are, and I'll wrap quickly.
Vice Chairman Plummer: Sir, just to let you know, your side has a total of 16 minutes left.
Mr. Henning: All right. What is important under Section 1305.8, "Control of potentially
adverse effects generally." This is the section that lands on your shoulders. This is the area of
the code that says "... where such potentially adverse effects..." And we feel, that clearly adverse
effects have been shown by the testimony you have heard, by the shadow studies, by the impact
on the community, and the adjacent buildings on the views, from the pedestrians, the views from
the adjacent buildings. When such potentially adverse effects are found consideration shall be
given to special, remedial measures appropriate in the particular circumstances of the case
including the alteration of the proposed designed or construction of the building relocation of the
proposed open space or alteration of such... of the use of such space, or other measures as are
required to assure that such potential adverse effects will be eliminated or minimized to the
maximum extent reasonably feasible. I mean this... and that the use of occupancy will be
compatible and numerous with other development in the area. This is your opportunity,
obligation, responsibility in considering this application. We have the opportunity and the... on
our side for you to hear briefly from Professor Ralph Warburton who is with the University of
Miami as a full professor. He is a registered PE (Professional Engineer). He is a planner. He is
an architect. He has reviewed these plans. He has his own expert testimony and commentary,
and he will address you, briefly, at this point.
Vice Chairman Plummer: For the record, at the end of the first quarter, The Heat is winning 30
to 24. [APPLAUSE] Just had to inject something very important.
Mr. Ralph Warburton: I would like to introduce my resume for record here, and...
222 April 28, 1998
Unidentified Speaker: Do you have extra copies?
Mr. Warburton: Sure, I have them.
Vice Chairman Plummer: You know darn well it is.
Mr. Warburton: It is a pleasure to be here this evening to speak with you about... about this
important subject. I wouldn't go into my record very long.
Vice Chairman Plummer: Sir, would you pull the microphone a little closer?
Mr. Warburton: OK.
Vice Chairman Plummer: That's fine. Thank you, sir.
Mr. Warburton: ... won't go through... my background is very long. But, I do want to say that I
have been here 26 years, so I have been around Brickell Avenue and other parts of Miami and
Dade County. I visited and photographed the site and the environment several times, and
reviewed the submitted application, publication as a developer including the plan sheets,
[inaudible] publicities and so forth. The basic physical quarter of the definition is
given in Metro -Dade Code Section 33D-32, which I think is very important in this case. Under
Article III - Shoreline Development Review it says, "Visual corridor, an unobstructed area seen
from the public right-of-way to the shoreline which retained its grade and landscape is just a
matter as to prevent, permit and encourage the uses of water. In the City of Miami's
Comprehensive Plan, Code CM-2 states, ensure adequate public access to Biscayne Bay and the
City shoreline. Objective CM-2.1 states increase visual public access to Biscayne Bay and the
City's shoreline. Note that on the applicant's first plan sheet, Al on the City map, the plotting of
the subject property, 13 lots has somewhat lined coincidence with the center lines of two East
and West streets. Coincidence in direction. Southeast 12th Terrace and Southeast 13th Street
from Biscayne Boulevard to the former South Bayshore Drive. This essentially defines visual
corridors to the bay to these lot side yards along lot lines, to the most heavily travelled nearby
public way, Brickell Avenue which now has a daily traffic volume of over 16,000 vehicles,
probably more than 20,000 people. Prediction, in the year 2000 these numbers grow to
respectively nearly 40,000 and approaching 60,000 people, not considering traffic from this or
any other new projects. We can see the applicant in the Bayshore Palms book, Article II1, Tab
three, figures three and four for background on this. The proposed parking towers and parking
garages in these visual corridors deny visual access to the bay to many thousands of people at
ground level, plus appli... occupants in many surrounding modernized buildings from west to
Brickell Avenue to the bay. This is of particular interest with regard to zoning section 605, SD-5
Brickell Avenue Office residential district.
Mr. Mastriana: [inaudible]
Mr. Henning: OK.
Mr. Mastriana: I am going to submit Ralph's comments because what we want to do is, is we
want... and I apologize Ralph, but...
Mr. Ralph Warburton: OK.
Mr. Mastriana: We have...
Vice Chairman Plummer: If you want to surrender his comments in writing to the Clerk, we'll
make it part of the record, sir?
223 April 28, 1998
Mr. Mastriana: Yes, that's what I am going to do. I am going to surrender his comments and in
addition, we have two people that... that doesn't work?
Vice Chairman Plummer: Whatever you want to do sir, you have 11 minutes.
Mr. Mastriana: OK. We would like to do is have the three developers not have to be part of this
presentation, then, and be able to have their own three minutes.
Vice Chairman Plummer: You want to cheat on me.
Mr. Mastriana: Ah, yes.
Vice Chairman Plummer: Go ahead, let's see... Let's see what we could do.
Mr. Mastriana: OK, what I would to do then is...
Vice Chairman Plummer: Let me again, just for the record. This is a very, very important
project to this community. I don't want to deny anybody... I am not here to make a record. I am
not here to make lawyers money to go to court. This is a very important project for this
community, and I want to give everybody ample opportunity to voice their frustrations, the
hurrahs and whatever, but I ask that they don't be repetitious. Proceed from there, sir.
Mr. Mastriana: That's one thing we haven't been yet is, repetitious, and we won't be. My
concern is that we be able to get enough information within the record in order to substantiate
what we feel is... is competent evidence. And we have Frank Schnidman who has provided to
you a memorandum of law, but in addition the economic impact discussion needs to go on the
record in order to protect the developer's interest. When I talk about developer, of course, I am
talking about the five developers behind this project. If it... If it's OK with you, Mr. Chairman
and the Commissioners, I would like to have complete or legal discussions very quickly and,
then... and, then, allow the three developers to speak very quickly on their own time. Would that
be OK?
Vice Chairman Plummer: Proceed.
Mr. Mastriana: OK. Frank.
Mr. Frank Schnidman: Good evening. My name is Frank Schnidman. I am a land use attorney.
I have for 24 years been both an attorney and an academic. I now currently chair the real estate
development program, the graduate real estate program at the Law School at the University of
Miami. I am registered with the City of Miami as a lobbyist and...
Vice Chairman Plummer: Bless you son, bless you.
Mr. Schnidman: ... and appearing here for a fee, helping deal with the budget shortage. I just
wanted to put one picture up as an exhibit. Yeah, Frank, the picture from the west.
Vice Chairman Plummer: ... keeps up, we are going to have to buy more easels.
Mr. Schnidman: Yes, sir. I distributed to each of you a legal opinion and I would like that
submitted in the record. And I briefly want to, in the interest of time, make just a few short
points dealing with that memorandum. Following up with Mr. Henning's presentation, I do want
to say that it is my opinion that the Bayshore Palms project cannot be built as submitted as a
matter of right. There is discretion in you... you as a City Commission to make that
224 April 28, 1998
determination. It is my opinion that the project has not been designed in conformance with the
conference of neighborhood plan and the City code. The memorandum goes on and cites a
number of issues, but I would like to do in the interest of time, is to focus on the issue of the SD-
5 zoning regulations. Because in fact, this is an office district not a residential district. And I
would like you to turn to page seven of the legal memorandum so that I could quickly make a
point, and in the interest of time move very quickly through the main point of my testimony. I
say, about the third paragraph down that it is the intent of the City code to enhance the district,
that is the SD-5 district so that it continue to perform its "importance of the economic well being
of the City as a prestigious high-rise office district." In this regard it is clear that the concerns
for the high-rise office uses in the district are primary as there are many other areas in the City
where residential development can occur, but limited areas of special and substantial public
interest because of its prime location, quoting from the code. The parallel orientation will have a
blighting effect upon properties whose view of the bays are permanently eclipsed by the towers
and darkened by the tower shadows for a significant portion of the day, every day. This not only
impacts existing structures within the zone of influence, but also future development. Existing
buildings will see tenants depart when leases expire and have to reduce rents commensurate to
space without bay views. Contrary to Mr. Luft's opinion as quoted to you, and as he appeared
before the Urban Development Review Board, office views of the water are important and as the
expert following me will testify, there is a difference between bay view office space rental and
non -bay view office space rental. Existing buildings will see tenants depart when leases expire
and have to reduce rents commensurate to space without these bay views. In addition, the
proposed orientation will affect buildings conceived for development or redevelopment, but not
yet born. Buildings only a twinkle in the eye of the landowner and buildings not yet even
considered. And I ask you to just turn now to page eight to take a look at the exact language of
SD-5, because in the block quote that appears in footnote two, it states. "This district is of
special and substantial public interest because of its prime location on Brickell Avenue along the
Bayfront and the Miami area, close to and visible from the CBD (Central Business District) and
Biscayne Bay and its importance to the economic well being of the City as a prestigious, high-
rise office district housing; banking; financing; international trade, and other professional uses."
Now that language gives priority to office uses and discusses the residential uses later in its text.
If you compare the SD-6 language with the SD-5. And the SD-6 language deals with districts
and there are more than one SD-6 district and only one unique and special prestigious high-rise
office district in SD-5. The SD-6 language says, these districts are of special and substantial
interest because of their proximity to the central business district and the need to provide
supporting and complementary, high density, residential and office development with major
retail shopping and entertainment. It says, "high density, residential and office." Without going
into additional detail that is provided in the memo, I just want to say that it's my opinion that you
have in the Brickell Avenue Office Corridor an area that was recognized by your implementing
regulations of your comprehensive plan to have a unique role to play in the future economic
health of this City, and that the priority should be given to the office uses in this district because
this district is unique, this SD-5 district. This issue which has not been discussed before any of
the boards that have really looked at this issue. This issue of the primacy of SD-5 as an office
district is what I am bringing before you. And let me now introduce to you, L. Thomas
Schlosser, a CPA who has had experience in this area over many MUSP permits. In the interest
of time, I am going to submit his resume for the record, ask you to accept his qualification as an
expert and ask him to give a narrative about his impression of the economic impact that the
orientation of these buildings will have to the prestigious office district which is supposed to be
protected by the regulations of SD-5. Thank you, very much. Tom?
Mr. Thomas Schlosser: My name is Tom Schlosser, I am with Sharpton Bronson and Company.
I have done economic impact studies upwards of ten on virtually every new construction on
Brickell Avenue over the past five years. What I have done in regard to this subject, I have
taken eight buildings from 1101 Brick... eight office buildings from 1101 Brickell to 1401
Brickell that are going to be directly west of the proposed projects. And those buildings, the fair
225 April 28, 1998
market value of those existing buildings totals approximately two hundred and twenty million
dollars ($220,000,000). Also, there is the Tibor Hollo Building that the MUSP (Master Urban
Service Plan) has been approved that's directly behind... directly west of the proposed project
which is going to be worth eighty million. There is a second Tibor Hollo Building, that would
be worth fifty million. And then Esperito Santos [phonetic] is planning a building that will be
worth one hundred and twenty million. The math on that is four hundred and seventy million of
office building value that will be directly affected by the project. If... I have done studies and...
and looked at some other office buildings that exist, such as the Sun Tower in One Biscayne,
SunTrust in One Biscayne, and I have come to the conclusion that the... And, also I have had
discussion with the people at 1221 Brickell and they believe that they will lose about 20 percent
of their rental. In other words, it will be diminished by about 20 percent. Applying that 20
percent to the four hundred and seventy million gives you ninety-four million dollars
($94,000,000) worth of value that maybe... that will be reduced by the shadow effect, and
applying the millage to that ninety-four million means that the long run tax loss will be upwards
of two million eight hundred thousand dollars ($2,800,000). Now, that could be... should be
compared with the fact that if those buildings there are just reoriented slightly, we don't believe
that they will lose any of their value by their slight reorientation. And if they are reoriented, this
20 percent diminution will not occur. So, you... you would actually have a net loss of the two
million eight hundred thousand because of the... if you do a direct shadow effect. And not only...
these are the hard numbers. These are the buildings that are actually there and that are actually
planned. Also, in the area there is a lot of vacant land that may be developed and probably
would not be developed in the same manner as might be if they could view the bay. Thank you,
very much.
Vice Chairman Plummer: Thank you, sir.
Mr. Mastriana: Thank you.
Vice Chairman Plummer: Now, we have three developers...
Commissioner Gort: OK.
Vice Chairman Plummer: ... and...
Mr. Mastriana: Yes. We were going to summarize.
Vice Chairman Plummer: How much time do they need?
Mr. Mastriana: They only need a few minutes each. Of course, they have...
Vice Chairman Plummer: OK. Let's go.
Mr. Mastriana: OK, Gloria Hernandez first. Let me grab your boards.
Ms. Gloria Hernandez: Let me... I am sorry. [phonetic] Let's put one up, only the first one up
now.
Mr. Mastriana: This one?
Ms. Hernandez: Just the first one.
Mr. Mastriana: I am sorry. [phonetic]
Ms. Hernandez: Good evening. My name is Gloria Hernandez. I am the property manager for
1221 Brickell Avenue and I am Vice President of AFA Real Estate Services. For the record, my
226 April 28, 1998
office is located at 1221 Brickell Avenue, Suite 1870, Miami, Florida. Our company, the
company that I represent is a surrogate owner of 801 Brickell Avenue, 1221 Brickell Avenue and
1001 Brickell Bay Drive. These three Class A office buildings totalling over 1,100,000 square
feet of leasable office space are valued in excess of one hundred and ninety million dollars
($190,000,000). And combined, they make an annual real estate tax contribution of over four
million one hundred thousand dollars ($4,100,000) to the City of Miami. 1221 Brickell is
without a doubt, the most affected of our three buildings. It is situated directly west of the
proposed development site. And although it rises 26 stories and over 350 feet in height, it will
be dwarfed, eclipsed and its views of the bay will be virtually destroyed. This rendering that I
have before you is a shot from within the top floor of 1221 Brickell, looking at the Bayshore
Palms Tower and illustrated here, using the proposed orientation of the Multiplan developers.
As you can see, we will be looking at the cement that Phil Yaffa keeps referring to. As has been
stressed by my associates here this evening, we are not opposed to new development. We
welcome it, and we think the City of Miami needs it. We have always known that some day,
something will be built on this parcel that's east of us. We do, however, oppose the orientation
of these towers because it stands to benefit only one person, or one individual, one set of... one
group, and that is the developer. And in so doing, it will cause extreme financial harm to the rest
of us. The Brickell Corridor has historically attracted tenants for three major reasons. One, the
prestigious address affords these corporations and individuals. Two, the fact that it is not as
congested as downtown Miami, at least not until these buildings are built. And three, and the
third one being the most important of all, the views of Biscayne Bay. I was very surprised to
hear the gentleman that spoke from Blazejack that stated that the obstruction of the views that
this project presents would adversely affect the sale price of the units. In other words, if the... if
the buildings were oriented differently, the units would not command the price that the developer
wants. And we say to you, that is our argument exactly. He also said, "office building rates are
not affected by the views if they are obstructed." So, how can our views not be affected... I am
sorry, our rates not be effective if our views are hindered and theirs be affected if their views are
hindered? They are fighting for the same cause that we are. We, however, are proposing a
compromise with this developer. Indeed, we have asked for a conference so that we can discuss
the issues at hand in hopes of reaching a meeting of the minds that would be mutually beneficial
and our request for this meeting was denied. In essence, again, we are here tonight fighting for
the same bay views as the Multiplan developers. The two major differences being, that we are
willing to share this view with the neighborhood and the community at large, and they simply
are not. The other major difference is that our properties are already in existence and have been
contributing to this community for quite some time. We stand to lose a great deal more than just
the planning that they have put into this project.
Unidentified Speaker: [inaudible]
Ms. Hernandez: No, if I may? I am almost finished.
Vice Chairman Plummer: You are up to four minutes.
Ms. Hernandez: Thank you. Looking at what shifting these towers to an east to west orientation
does for the views for 1221, that is that rendering over there and the surrounding buildings. It
opens up and makes the obstruction minimal while it continues to allow for fabulous views from
the Bayshore Palms Towers. This last rendering is a shot taken from Biscayne Bay towards the
City, and in it we can see the towers with a proposed orientation. It's not only obvious that they
standout from the skyline, but it is also obvious that all the residents that are for this project are
nowhere near getting affected. Why? Because they are along the shoreline and their views are
not in any way, shape or form going to be affected by these towers, and those are the people that
are supporting this project. We urge you to step back and see not only how this affects our
properties today, but also to consider the precedence that your vote will set for the future of this
City, and it will cause irreparable damage if you vote for this project. I thank you for you time.
227 April 28, 1998
Vice Chairman Plummer: Thank you. St. Jude.
Mr. Jude Williams: Jude. I am not sure what he meant by that, but I'll let you go and continue.
Thank you. Good evening. My name is Jude Williams. I represent Bloomberg Brickell
Limited, owners of the 1401 Brickell Office Tower, located at 1401 Brickell Avenue. We are
not here to oppose the project either. We just would like the Bayshore Palms project, its
orientation altered a bit. We feel that the proposed orientation has a walling off effect of
Brickell Avenue which will diminish the views now enjoyed by occupants of those buildings
located on the west side of the project. This ultimately will result in lower income for the
building owners which ultimately lower property values and diminish the property tax base.
This would not be in the best interest of the City of Miami nor the real estate community. Thank
you.
Vice Chairman Plummer: Mr. Hollo.
Mr. Tibor Hollo: Good evening, honorable board, Mr. Chairperson. My name is Tibor Hollo.
100 South Biscayne Boulevard. The impact of this project not only to me, but to my
neighborhood, to the community and to the City is so great that I requested my doctor to delay
my operation from today until Thursday, so I can appear in front of you, and I appreciate your
time in giving me this opportunity. I have labored in this community since the last 42 years. I
have produced over 20,000,000 square feet of construction. I have built over 15 buildings on the
bay, all of them perpendicular to the bay, respecting the air that comes from the bay. Respecting
the prevailing breezes, the sunshine and the beautiful view of our sole and magnificent natural
resource which is Biscayne Bay. I did not have the arrogance nor did I have the greed to
wanting to usurp that only for my clients who are occupying my buildings. I wanted to avail it to
the entire City. I was careful with it as I will be careful with it, heavens willing, if I have the
time to do more in our City. The projects I have produced in these decades represented over one
hundred million dollars ($100,000,000) ad valorem taxes to this City. My oh my, over one
hundred million dollars ($100,000,000). The City of Miami benefits from it, approximately 28
percent of it. I hope to produce more. I ask you to carefully consider what you heard here. I ask
you to make the right decision, not only for this generation which is passing now, but to our
children and childrens' children. If you would allow the orientation as it's presented by
Multiplan, it would set a hopeful precedent for our City and for our bay. Because anybody could
come into this community from anywheres and wanting to build in Coconut Grove on the water,
wanting to build anywheres on the water buying some old buildings or some property tearing
them down and building them... And if you deny it to them they will say, oh, you are
discriminating against me. You have approved Multiplan, why don't you approve us. You'll
create a canyon, a canyon similar to that of Collins Avenue on the 50's. You will... You will
create a canyon similar to Lexington in New York City where the air doesn't come in, where the
sunshine doesn't hit except maybe on high noon. Please, I appeal to you. No, I plead with you,
to approve this project with only the proper orientation with perpendicular orientation to the bay
to save our bay, save this wonderful amenity. Thank you for giving me this opportunity to
appear before you.
Vice Chairman Plummer: Thank you, Tibor. OK. Now, I guess we are into the process of
hearing from the public. Is everybody awake? OK, Mr. Maxwell, before I start calling on these
people would you give them the idea that I am not for, I am not against, it's not a legal
presentation, so you tell them what you need to tell them, that the reason that they are going to
testify.
Mr. Joel E. Maxwell, Esq. (Deputy City Attorney): Oh. Well, the neighbors... in terms of the
neighbors speaking you mean?
228 April 28, 1998
P
Vice Chairman Plummer: Correct.
Mr. Maxwell: That's right. Your testimony generally does not constitute... as neighbors will not
constitute competent and substantial testimony in the... in the eyes of the court, that's generally
speaking unless you are speaking as experts on a given subject. The courts, however, have...
have wavered quite a bit on what neighborhood testimony or the testimony of individuals what...
what constitutes expert testimony in that particular case. If you want to talk about traffic and so
forth, generally, they don't consider that expert testimony. If you want to talk about building
orientation as it affects your views, it's possible that they will consider that expert testimony. If
you want to test... if you want to want to testify about the property values and how it may
affect... the building may affect your property, that probably... that probably will not constitute
expert testimony. But this Commission, and that's, I think what the Chairman really wants you to
know is that... that this is not a plesbicite. This is not a popularity contest. Their decision must
be based solely on evidence adduced during this hearing.
Vice Chairman Plummer: OK, now I also want to tell you
minutes, we have got at least another hour or an hour and
yourself accordingly. I will start off with Richard Kanner.
two minutes. You are to state you name...
Mr. Richard Kanner: I have less than two minutes.
Vice Chairman Plummer: Sir, I love you.
Mr. Kanner: I am...
Vice Chairman Plummer: Your name and mailing address.
that if everybody speaks for two
a half, plus rebuttal. So, govern
Mr. Kanner. Hopefully, you have
Mr. Kanner: I am Richard Kanner. I am the vice president of the Brickell Bay Towers which is
at the north end of the neighborhood. I am not here as a paid spokesman, I am here as the vice
president representing them. We welcome this project with open arms. Our experience with
them, they have proven themselves to be good neighbors and they are going to increase the
prestige of our neighborhood. Our neighborhood wants them. The City needs them. For this
City to reject this project as it is written is to advise the Governor's Financial Supervisory Board,
is the advise the Wall Street bankers that underwrite our bonds, is to advise future developers
with vision that this Commission does not have the interest, the wisdom or the leadership to
approve a project that has been approved by staff. The law is clear that adjoining property right,
property owners do not have any vested view of scenic view, vested rights and scenic view or
lack of shadows, that was the Fountainbleau Hotel versus Eden Rock. I have given your lawyer
a copy of it and he can advise you. I agree with Mr. Hollo that the future of Miami is here today,
April 28th at 8:15. Are we going, we the City going to revert back to the sleepy town where I
was born and raised and where I went fishing on this very property? Or are we going to claim
our opportunity that geography has provided us? The owners of Brickell Bay Towers urge you
to approve the project as presented. You all are not supposed to sit as a super legislative body
and inflict your financial ideas on the developer. Thank you.
Vice Chairman Plummer: Thank you, sir. Mr. Paul Berry and the next speaker is Nely Zamora.
Mr. Paul Berry: Thank you. My name is Paul Berry. My mailing address is at Post Office Box
is 12163 Miami. I live in the... the Spring Garden area. I wanted to make three points, and I am
not coming as an expert. One is, in all these concerns the types of questions that are being asked
here, first of all, there are more parking spaces than units being proposed and apparently this is
because the people are not planning on using public transportation. This is a big issue as far as
urban planning overall. You may have read about three or four months ago an article in the
229 April 28, 1998
newspaper that said "Activist Wants Map." I am that activist, the East/West Corridor project and
other projects are going to be put on display at Government Center, and I am urging you, this
City Commission of Miami to attend to any unveiling ceremony that they happen to... Ask Mr.
Alvarez when they are going to unveil these projects. Another point on this is, when you look at
orientations of buildings and you start to talk about changing them, I am... I work for a structural
engineering firm and I am curious as to how are these buildings being analyzed. Here we are
talking of the tallest structures in South Florida manipulating their... their form, are they being
analyzed in terms of single structures? Are they being analyzed...? I think this is an important
question and this brings me to another point. I work as a threshold observer. This is a define
term. I work for a threshold inspector which is a registered engineer, a private speciality
engineer. Ah, is that...? That's it? Oh. OK. And the point I would like to make is that the
contractors have got their own newsletters and they have their own meetings. The profess... The
registered professional engineers have their own newsletters, their own meetings, but the
observers, the speciality inspectors in the field, and the City which is the building official, eh...
their inspectors do not have any similar thing. We don't have any newsletter, we don't have any
meetings, periodic meetings, and I would suggest that the building official take some interest and
bring us all together so we can see and compare notes. And the third thing I wanted to say is,
folks it's great to go out in Miami on a tall building and look at the City. Now, as far as these
people don't have... this is a suburban type development but these people don't have a back yard,
this is high-rise development, where is their park space. Could we at some point get someone to
build a public access, public viewing platform on top of a tall building and use that as a tourist
attraction in the City? Thank you.
Vice Chairman Plummer: [Inaudible -- off microphone]
Ms. Nely Zamora: It's a thought.
Vice Chairman Plummer: Mrs. Zamora, the next speaker is Esparanza El Farro.
Ms. Zamora: She had to... Ms. El Farro had to leave.
Vice Chairman Plummer: That's her loss and our gain. The next speaker is Ed McCormick. Ed
for the mike.
Ms. Zamora: Wait a minute. How about me?
Vice Chairman Plummer: You are to speak here now.
Ms. Zamora: OK.
Vice Chairman Plummer: Carry on.
Ms. Zamora: I am Nely Zamora. I am 1408 Brickell Bay Drive, and I am the president of
Pointview Association which represents all the buildings on the Brickell Bay Drive. The closest
neighbors to the actual project in question here. I am really overwhelmed. I never heard so
many millions being thrown about. It seems like everybody is losing billions not millions. But
no one has referred to quality of life in these issues here, and that's important for us, the
residents in that community. We have been there for over 30 years and we have put up with the
good and the bad in this City. You are proposing several developments in the area. One the
Multiplan development, and if I might borrow Mr. Yaffa's little thing here, I'll show you.
Vice Chairman Plummer: You have got to take a hand microphone
Ms. Zamora: [Inaudible -- off microphone]
230 April 28, 1998
Vice Chairman Plummer: No, you got to... You gat to... on the mike. Thank you, Phillip.
Ms. Zamora: These are our little biddy buildings here. The highest being 23 stories. This is
how they would prefer to have the tower, and I am going to borrow this tower and I am going to
put it back here about ten or fifteen stories higher. This is the next proposed development that
you will be reviewing which is a 75 story tower. And what do I have? I am stuck right in the
middle of this thing buried in concrete, OK. Keep that in mind. There are six buildings that you
are burying in concrete.
Vice Chairman Plummer: I do that all the time.
Ms. Zamora: I know. Now these are developer's condominiums. Now, order people. These
are... You are running on my time. [APPLAUSE] OK. These are... These are developers'
condominiums which is important for us, the residence. We don't any more of your office
towers. We don't want any more of your rental units in our properties. We want condominiums.
It shows stability and it shows commitment to the City of Miami which we rarely get lately. It's
important for us that you develop this property correctly. It's important that you listen to us. We
are going to be the ones who pay the price of having those towers turn around and invade our
views. We are not horses that you can lead to water like this. We need to have some kind of
view and not concrete steering us dawn the face. You need to, please pay attention to what we
are saying. We have sat here for hours listening to blaah, blaah, blaah of all these developers
and all these experts, patiently, because we believe that we are right in our position. We want
these towers the way they are faced. Please do not change them. Thank you. [APPLAUSE]
Vice Chairman Plummer: Thank you. Mr. McCormick, and the next speaker is Carmen Barros.
If she would address the microphone please.
Mr. Ed McCormick: She...
Vice Chairman Plummer: Is she present.
Mr. McCormick: I am going to speak for Carmen Barros.
Vice Chairman Plummer: She's absent. No, she's here, but I... we don't want to take up any
more time of the Commission.
Vice Chairman Plummer: All right, sir. Proceed. Then the next speaker will be something
Gonzalez.
Mr. McCormick: Dulce... Dulce Gonzalez?
Vice Chairman Plummer: Yes.
Mr. McCormick: Yes, I'll speak for her as well, sir.
Vice Chairman Plummer: Oh, boy. We're... And then, Carmen... Help me, Willy?
Commissioner Gort: Ramirez.
Vice Chairman Plummer: Ramirez. Is she here? She is not here? Carmen A. No it's R-O-M...
Commissioner Gort: Dominguez or Dominguez. [phonetic]
231 April 28, 1998
Vice Chairman Plummer: OK, so we won't worry about that one. How about Sophie
McCormick?
Mr. McCormick: Sylvia.
Vice Chairman Plummer: Sylvia.
Mr. McCormick: Yeah, I'll speak for her, yeah.
Vice Chairman Plummer: You'll speak for... My God, we are winning here. Ellen de
Tourvnillon.
Ms. Ellen de Tournnllon: [inaudible -- off microphone]
Vice Chairman Plummer: You are going to speak?
Ms. Tournillon: Absolutely.
Vice Chairman Plummer: You are after Mr. McCormick.
Ms. Tournillon: Thank you.
Mr. McCormick: Good evening. My name is...
Vice Chairman Plummer: Mr. McCormick proceed.
Mr. McCormick: ... is Ed McCormick. I live at 1440 Brickell Bay Drive. I am the president of
the Condominium Association in the building that I live in and as I have said to Commissioner
Plummer that I am speaking for a number of people that have come here, tonight, to express their
support of Multiplan's development and the orientation of the building. I am sure all of you
know our street, it's... it runs along the bay and it's really unique in all of the City of Miami. I
don't think there is another street in all of the City of Miami that... that has the beauty and
tranquility of our street. I feel sorry for the developers and... that have spoken here tonight, but I
realize that this Commission has to weigh what is best for our community. Whether you are
going to protect the interest of the Brickell Avenue people that have spoken here today, or
whether you are going to protect the interest of the people that live on Brickell and also live on
Brickell Bay Drive. What we are going to be faced with is, if you drive or look north on our
street, you are going to see a great big wall if you follow the orientation that the opponents want
to take. So, you either have to give the wall to us, or you have got to give the wall to them, one
way or the other, somebody has got to suffer. And we feel that... that as long time residents of
the City of Miami and, and people that have a vested interest in living here on a 24-hour basis
that we have a... a... more important position that those people that come to the office buildings
maybe spend eight hours a day there. We are 24-hour people. We are... we live here and we ask
that you support the Multiplan plan.
Vice Chairman Plummer: Thank you, sir.
[APPLAUSE]
Vice Chairman Plummer: No, no, not. This is not the time. [phonetic] Go ahead.
Ms. Ellen de Tournillon: My name is...
Vice Chairman Plummer: Tora Nilland.
232 April 28, 1998
Ms. de Tournillon: De Tournillon. It's a French name.
Vice Chairman Plummer: I'll take your word for it.
Ms. de Tournillon: De Tournillon.
Vice Chairman Plummer: And June Castro, you are in the bull pen. You are passing? All right.
Phil DeTorion.
Unidentified Speaker: [Inaudible -- off microphone]
Vice Chairman Plummer: Are you going to speak, or is she going to do it all for you?
Unidentified Speaker: I am waiting to see what she says.
Vice Chairman Plummer: All right. You are smart. Josefina Pando, you are in the bull pen.
Proced ma'am.
Ms. de Tournillon: My name is Ellen de Tournillon. I live at 1430 Brickell Bay Drive in
Pointview Apartments. We are at the point where the sculpture is that was donated by some
office building on Brickell Avenue. They didn't know where to put it, and they gave it to us. I
want to say very simply, if... Mr. McCormick has already covered some of my points. When
Brickell Key started developing, we are on thePpoint, we lost our water views to the north
depriving us of the fireworks on New Year's and July the 4th from Bayside. That is a wall. We
are now receiving a new wall if you orient the buildings as suggested by the opponents. I am
asking you, please do not (unintelligible) in the buildings on Brickell Bay Drive? It's a curved
street. It is a prime location. We look forward to a development of the calibre of these people
proposing to put up, and I am asking on behalf of our building that you not put up anymore solid
walls as has been done and will continue to be done on Brickell Key. Thank you.
Vice Chairman Plummer: All right, Phil.
Unidentified Speaker: She said it. She covered it all.
Vice Chairman Plummer: You are a smart man. Josefina. And the next speaker is Yvonne
Martinez Maio. Is Yvonne here?
Ms. Yvonne Martinez -Maio: Yes.
Commissioner Gort: She's right there.
Vice Chairman Plummer: All right. And the last... No, it's not the last speaker. Josefina.
Ms. Sanchez-Pando: Josefina Sanchez Pando. Really, you have to be repetitious here.
Everything has been said. We are going to be walled in, and if you heard everything that was
said by both sides, we come to one sorrowful thing, money talks, money talks, money talks. So
many millions here, so many trillions over there. But the bay... If you are going to permit that
big, humongous thing to go up to shadow us and the bay, the manatees and everybody that goes
there, you might as well put them the way they are. They are going to do less harm that way.
And if the people who are going to build behind to the east, to the west and to the north are going
to be harmed, sorry, Charlie. We were here first. We have been paying taxes for 30 years, and I
think we deserve a little bit of commensuration for those tiny little dwarfs. Because if the 26
high... story high office building feels that it's going to be dwarfed by these towers and the other
233 April 28, 1998
future towers, the 75... story building that's coming behind and the other one and the other one,
we are going to be midgets. We are going to be little vermins. Please, for the next few things
that are going to be built, control the size of the buildings and if you are not going to control
them, let us have a little bit of air left. Thank you.
Vice Chairman Plummer: Little vermin.
Commissioner Gort: Little what?
Ms. Sanchez-Pando: Exactly. That's how we feel.
Vice Chairman Plummer: I assume you are talking about rats? It's only good for the Panthers.
Yvonne, you are the next speaker. Mr. Zamora you are in the bull pen.
Ms. Yvonne Martinez-Malo: I live at 1408 Brickell Bay Drive. I just want to tell you as a
resident of the area I support the project.
Vice Chairman Plummer: Thank you, ma'am. Antonio.
Mr. Antonio Zamora: Yes, sir. My name is Antonio Zamora. I...
Vice Chairman Plummer: Gloria Caballero is next.
Mr. Zamora: I live at 1408 Brickell Bay Drive. I am a resident of the area. I also have my
office in downtown Miami. Contrary to some of colleagues in the opposition, I do not live in Ft.
Lauderdale. I am directly affected by this project and I would like to point out a couple of things
that perhaps have been overlooked. One of them is, that there is already three buildings in this
area that are parallel to the water. That's the Palace, the Santa Maria and Bayshore Place. So,
this is not a new thing. Secondly, the point about the future and all of that, I think is important,
but perhaps, the most important thing is that this developer has played by the rules. They have
not applied for any variances. They have built according to the code and the worst possible
message that you can send is that if you play by the rules, somehow the rules are changed and
the project is not allowed. And last, but certainly not least. Something that has been completely
overlooked by everybody is that this particular project is below the density that can be built in
this area. Somebody mentioned that they could build 2,500 apartments, and my question, and
I'll try to get one of those buildings. If you build what you can actually build there, what you are
going to get is this space, this space and continued up all the way here, perhaps to 80 stories.
And, then, you are going to have, possibly if this project is denied, the next developer is going to
build three buildings 80 stories high, this size, not this size, and I think is tremendously
important, and that's one of the reasons I am very much in favor of this project because I think
we are getting the best possible solution to something that is, perhaps, much worst. Thank you.
Vice Chairman Plummer: Three buildings, 80 stories, a lot of taxes.
Mr. Zamora: Multiply, yeah, could be.
Vice Chairman Plummer: Gloria Caballero.
Unidentified Speaker: I pass.
Vice Chairman Plummer: You pass. Thank you, ma'am. Armando Valcarce?
Commissioner Gort: Valcarce.
234 April 28, 1998
Mr. Armando Valcarce: How are you doing?
Vice Chairman Plummer: I am close.
Mr. Valcarce: Armando Valcarce, 1450 South Bayshore... Brickell Bay Drive. I am the vice
president for the association. I am not going to repeat myself. When I go to work... I don't have
time to look outside, OK? But I spend 24 hours in my home where a woek a virtual office. I am
not... Like I said, I supported the Zamora. I support the Multiplan development, and thank you
for your attention.
Vice Chairman Plummer: Thank you, sir. The last speaker I have of record is Lil... Is it
Iglesias? Lilly Iglesias. You are much better looking than Julio.
Ms. Lilian Iglesias: I am going to be very brief. I just want to express my opinion that I support
the project. Thank you, very much.
Vice Chairman Plummer: Boy, it took you longer to walk up than it did to speak. All right, for
the record. At the end of the half, The Heat is winning 56 to 44. [APPLAUSE] Rebuttal is how
long?
Ms. Judith Burke: Five minutes.
Vice Chairman Plummer: You got it Toyota.
Ms. Burke: OK. I just...
Vice Chairman Plummer: I would like to welcome Seth Gordon. Seth, are you going to make
any comments? OK. Nice to have you here.
Ms. Burke: I would just like to respond. Mr. Yaffa mentioned that Brickell Area Association
sent a letter for the record, and I wanted to state that, number one, Mr. Yaffa is a member of the
board of that association. He presented the project to that association when we were not present
and weren't able to show the project. There was another quote given by... is... reported to be
from David Wolfberg from the URDB meeting and it was supposedly from the first meeting.
But I want you to know that David Wolfberg was one of the four people who did vote for the
project, so, I think that that quote was taken out of context. The next thing is, there was a letter
submitted for the record that was written by Mr. Bermello, and I really want to address this issue.
At the time Mr. Bermello was chairman of the URDB and the first time the project came to the
board they recommended denial of the project, and they asked us to do some view studies and
they asked us to come back, and we did come back. Now, Mr. Bermello was not at the meeting
when we brought the project back. He never saw our view... our view studies and he never saw
our revised plan. At that meeting, Mr. Luft made a very strong presentation for the project and
the board voted four to one to approve the project. Mr. Bermello was aware of the decision that
was made in November. He never asked the board to reconsider that and he never asked us to
present the project to him. And you may know, Mister... Dr. Perez, who is the principle of our
project responded to Mr. Bermello's initial letter and asked him to clarify two issues for this
Commission. He first asked him to point out that letter was written by Mr. Bermello as in
individual, as an architect, but not in his capacity as the chairman of that board. And second,
they asked him to point out to this board that he has a substantial financial interest in both in
both the Fortune House and Millennium Projects. Now, as you know, Mr. Bermello wrote
another letter which we can make part of the record saying that the Bayshore Palms project has
absolutely no effect on either of his projects, which is good to know. And that caused us to
wonder why he would be taking such an action. And yesterday we received some information
that could answer that question. I have a copy of a letter written by Mr. Bermello to Mr. Yaffa
235 April 28, 1998
on February 27, 1998 regarding the Bayshore Palms project, and I'll be happy to put that letter in
the record. It is a proposal proposing to prepare evidence for Mr. Yaffa's presentation and he
charged eighteen thousand dollars ($18,000) for those studies. Now, I do not know whether they
ever entered into a contract, and whether Mr. Bermello was paid eighteen thousand dollars
($18,000) to present studies. However, I think that when you consider his objectivity, you might
consider that proposal and I'll be happy to put this in the record.
Vice Chairman Plummer: The cheese do get binding. Are you finished?
Ms. Burke: Let's see, what else we have. There was some mention made that the SD-5 district
was, in fact, an office district and it was not a residential district, and that is contrary to the fact.
I am looking for... Here it is. I would like to read you the title of SD district. SD-5 Brickell
Avenue area office residential district. And I would like to read just one sentence from the intent
from your zoning code. "It is intended that multifamily residential occupancy in this area is to
be promoted and encouraged either in separate buildings or in a combination with office and
supporting retail." So, the fact that this is an office district and it should... Offices should come
before residential is clearly not the case. I also want to state for the record, since their planning
expert simply put his testimony into the record without speaking, it's impossible for us to rebut
that and that shouldn't be made part of the record. And last, not least, Ms. Hernandez stated that
they had asked to meet with us and that we refused to do so, she did have a meeting with Mr.
Zarraga and our architect. They had a meeting. They had three subsequent telephone
conversations. We have met with Mr. Yaffa and Mr. Hollo. We have brought our project to
their offices on a number of occasions. We have had lunch with them. We have had so many
meetings with these people over the period of the last 11 months. Although, it can't possibly
part... be part of this record that we have been unwilling to talk to them. Thank you.
Vice Chairman Plummer: All right. I close the public hearing at this time and ask for discussion
among the Commissioners.
Commissioner Gort: I have a question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: My understanding in the manual here, we have moved, and it's very easy
to move it from one side to the other side. I wonder what the effect would be of moving it.
Vice Chairman Plummer: Who are you asking to know?
Commissioner Gort: The applicant. He's the...
Vice Chairman Plummer: OK. Did you understand the question?
Ms. Burke: Yes. If whether we could...
Commissioner Gort: The question is, my understanding is in here that the building, we change it
from one phase to another phase and it looks very simple in there. I want you to explain what...
Mr. Burke: The building cannot possibly be moved directly
were going to change the orientation and completely redesig
Commissioner Hernandez: Well, I...
n
236 April 28, 1998
Vice Chairman Plummer: Mr. Hernandez.
Commissioner Hernandez: I have several questions for the architect. I know that you've met all
the requirements of the City of Miami, and just, did you also meet the view corridor for the
requirements of the City Miami?
Mr. Revuelta: We met both the Charter amendment and the shoreline review and the planning
and zoning code.
Commissioner Hernandez: What...? And when we met, and I have been able to meet with you
and met... I met also with the other side. I had some questions. And when we spoke, I asked you
the question of, if it would be possible to turn the buildings, and one of the... I remember one of
your answers was, number one, it would bring possible delay over one year. Correct?
Mr. Revuelta: Correct.
Commissioner Hernandez: Number two, it would bring a reduction in the value of the units. Is
that correct?
Mr. Revuelta: Correct. Not only that, it would, it would... it will be a fear on the part of the
developer of not being able to sell units. It's not only reduction, and it's not only price increase,
but it's marketability of the units.
Vice Chairman Plummer: Any other question?
Commissioner Hernandez: Yeah. Do you know the percentage of the reduction in the units, if
that would be the case? More or less, ballpark.
Mr. Revuelta: The percentage of reduction of sales?
Commissioner Hernandez: Yes.
Mr. Revuelta: No, I don't.
Commissioner Hernandez: But obviously it would affect also the contribution to the tax base of
the City of Miami, once you lower the price?
Mr. Revuelta: Correct. Correct. And there is another item that wasn't mentioned is, that when
you attempt to turn the towers because of the structural need... of you have of share walls from
this tower of the efficiency of the parking garage actually gets affected, then, the parking
pedestal would have to grow. And right now, in terms of parking we are somewhere in between
what the maximum and the minimum of the Code requires.
Commissioner Hernandez: When you speak of the low density of the development, what...? I
believe somebody said that you could have built what? Twenty-five hundred units, was it?
Mr. Revuelta: Approximately, yes.
Commissioner Hernandez: How many units are there in this project?
Mr. Revuelta: Seven hundred and forty-nine. It's about one hundred fifty units per acre. It's the
lowest density that we found in the area, to the best of our knowledge.
237 April 28, 1998
Commissioner Hernandez: If you would go, if you would be able to, besides the one year delay
and I forgot what you said to me when we met. If you were to turn it perpendicular to the bay,
what would be the cost to the developer in doing this?
Mr. Revuelta: I have engaged that cost, but it will be substantial in terms of architectural fees
and in terms of time because you can... you cannot actually turn these towers. Besides, the
structural problems that I mentioned and the ramifications that we have with the pedestal, by
turning the towers you really have to change the type of product that you are putting into the site.
Commissioner Hernandez: Also, I remember, and this is probably one of the most important
projects, I think we have seen in the last year, here, before this Commission. I was troubled by
the fact that the opponents which have compelling arguments and I can see a lot of their
arguments. But this isn't setting any precedent because Santa Maria is not perpendicular to the
bay. Correct?
Mr. Revuelta: Correct. And there are many buildings in town that are not perpendicular to the
bay mainly when they have wide site and meet the requirements. The projects on Brickell like
the Palace that is semi -parallel to the bay. You have buildings on Brickell Key that are parallel
to the bay and you have buildings in other areas that are parallel to the bay. The Keys meet the
requirements.
Commissioner Hernandez: That's all for right now, J.L.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Pass.
Vice Chairman Plummer: Pass?
Commissioner Teele: For a minute.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Question. I was told by the neighbors that you have committed to
them that you will work with them to beautify the next street over and to build and maintain the
boardwalk. Is that part of the agreement?
Ms. Burke: We have entered into a signed agreement with them as to a number of improvements
that we are going to do for their property and jointly to enhance the area. It's all committed to
writing.
Commissioner Regalado: All right. How long would the... will be the boardwalk?
Vice Chairman Plummer: Six hundred and something feet.
Ms. Burke: Well, we will begin... We will build the boardwalk with the first phase of our
project, and we are already working with designs between them and us to coordinate that effort.
Commissioner Regalado: OK. The other thing is, that I was told... so that you'll be sort of
covering the surface areas on the back of the building that shows to the next street. How do you
plan to do that?
Ms. Burke: Well, we have submitted to them a rendering of a change to the side of the building
in terms of the landscaping and other issues that we are doing, and they have accepted that
238 April 28, 1998
rendering and it's an exhibit to the agreement. If I could just ask the board...? If I could ask
Manny Zarraga to... if he wants to...?
Vice Chairman Plummer: We have closed the public hearing. If a Commissioner asks you have
the opportunity to answer.
Ms. Burke: OK. OK. It's about...
Vice Chairman Plummer: Mr. Regalado.
Ms. Burke: It's about a voluntary contribution to the City that we would like to make on behalf
of the records.
Vice Chairman Plummer: Hold tight.
Commissioner Regalado: Yeah, I was going to ask you that because I think that you, you...
when you met with us I thought that... that this developer wanted to work with the community.
It seems he has done that with the neighbors. However, we have two, maybe three parks that are
closed to the Brickell area that is Jose Marti, Shenandoah and also one in Liberty City. I am
talking those who have pools and the City is having problems maintaining the pools throughout
the year open. And so, if... if this company wants to do something in regards to the City I would
ask you to consider the possibility of helping with the pools throughout the City, but especially
those free pools that are enjoyed by the children.
Ms. Burke: It would be our pleasure, and may I ask Mr. Zarraga to speak on that issue. It would
just be a very...
Vice Chairman Plummer: I think the City Attorney would like to speak.
Mr. Maxwell: Thank you. As I pointed out before, Commissioners, it's very important that your
decisions be based solely on expert testimony in the record, and based on the standards and
criteria for issuance... [APPLAUSE] ... of a Major Use Special Permit that's before you now.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: Mister...
Mr. Maxwell: Any tender... any tender on the part of the applicant is totally irrelevant. Any
offer for parks for the neighborhood, any boardwalk, any of that stuff, that's irrelevant to this
application. If they... if they offer that, that's fine and good. It's purely voluntary. It should not
in any way factor into your decision and I hope you make that clear on the record. Thank you.
Vice Chairman Plummer: Mr. Gort. I am sorry.
Commissioner Regalado: Oh, yeah, it's clear all right. I just... I just was told that the company
wanted to get involved in the community, and I thought that we needed to put it on the record so
we don't have to submit again.
Mr. Maxwell: And a good time to do that would be after you make your decision.
Commissioner Regalado: Absolutely.
Ms. Burke: We would like to address that issue after you vote tonight.
239 April 28, 1998
Commissioner Regalado: OK.
Vice Chairman Plummer: Mr. Gort?
Commissioner Gort: You know one of the benefits of being able to serve on the Zoning Board
and the Planning Board is all of the developments that are in front of here today, most of them
want to build with the variances and they had to come in front of the board and in front of the
Commission to address a lot of that. And I think the highest was Tibor Hollo. I think he is one
of the pioneer developments in the Brickell area and he's done a great job. But I have a project
that has come in here, they have not asked for any variances, they are not going to the maximum
that they can build, they have some architecture that is being done. And I think they are going
beyond the call of duty to do a beautiful job in there. It's a shame it could not be built the way
you wanted to. And I think if they were to build it the way you wanted to, they would probably
have to build more units. Because if you lower the cost of the units, then, you have to get you...
your money back somehow, and you know as an investor, then, you have to build more units in
there and you have to put a different structure completely. You also have the recommendation
from all the different boards that they have made presentation to, our staff recommends. You
know, it would be very difficult to vote against this, and I am going on the issues itself, and I am
going on the opinions that was given by the Planning Board by all the different boards it was
presented to, and it was approved by everybody. I don't think it's being denied by any one of
the boards.
Vice Chairman Plummer: Mr. Teele?
Commissioner Teele: Yes. I would just like to clarify. Is the area in front, and I think when you
first began to speak you talked about the Vista, maybe boardwalk right in the front of the
building that you described? Is that actually opened to the full public? You represented that it
was.
Vice Chairman Plummer: It has to be.
Commissioner Teele: I want to be very clear that it's open to anyone.
Ms. Burke: Yes, both the bay walk and 109 corridor running right between our buildings which
will be landscaped with fountains and seating area is opened to the public. You can come from
Brickell Bay Drive through the project and enjoy the bay walk.
Commissioner Teele: Right. I find myself in the same position I think as Commissioner Gort. I
must tell you, I have looked for a reason to vote against this project because I really do think that
a lot of people have come to this community and maybe the City was not as sophisticated in
writing our rules as we should have been, but what we had was a spirit, a pioneer spirit of trying
to share. I am thinking about Plaza Venetia which is per... oriented perpendicular. The Grand
which is oriented perpendicular, both of whom were developed by Mr. Hollo who I just happen
to think is one of the greatest Americans that ever lived in Miami.
Commissioner Gort: I'll second that.
Commissioner Teele: But the problem that we have here is that our Code does not limit what the
architect and the developer have designed. And I must tell you, I... I wish we could change our
rules and I would like very much to sponsor that the presumption is that all buildings be
perpendicular. I... I... wherever I would do that in the Code, I would like to... the staff to
consider that. That there be a presumption that buildings be oriented perpendicular as we go
forward. But, but, what we have to be concerned about is that we cannot change the rules
midstream. This developer has come here, he's looked at our rules. He's looked at our code and
240 April 28, 1998
he has designed it without... variances or exemptions. I am just hard pressed to go against
anyone who is playing by the rules. Now, clearly there has been no showing in my mind of
competent evidence that this is in violation of our City Code, and that's sort of what I was
hoping to hear. I mean, I have heard a lot of discussion about how this blocks the view. I have
heard a lot of discussion about how the orientation, and quite frankly, I just wish that our code...
If our code said that the presumption is, is that buildings adjacent to the water will be
perpendicular, I would feel a lot differently about this application. But I am also very much
guided by our influenced by the fact that a lot of other people have come here. Our rules were
tight. Our Code wasn't tight. It's sort of a common sense approach that I think that many of our
predecessors or previous developers have taken and clearly, I believe orienting buildings
perpendicular is much preferable, but it's not prohibited. It's not required by our rules, by our
code. And so, I... I have a lot of trouble not supporting Mr. Hollo's views given the way he has
designed and built buildings in this City from Brickell, downtown, Omni, et cetera. But I think
we have to be limited by our code and the evidence that's presented and for that reason, I am
leaning very, very much toward the fact that we've got a set of rules... I don't... I think they
could be tightened a little bit. If that's what the staff recommendation will be. But the fact of
the matter is, is this is not precedent setting and it trouble me, I think...
Commissioner Hernandez: Uh-huh.
Commissioner Teele: ... that a lot of opposition suggested that this was the first precedent.
There are at least, I think four buildings that have been stated on the record, and I would very
much would like for staff to verify that the Santa Maria, the... what's it? The Palace...
Commissioner Gort: Bristol.
Commissioner Teele: ... Bristol, or whatever that was... that they too are not perpendicular,
because I think I could figure out a way to support the opposition if this were the precedent
setter, if this would break... if this were the one making the precedent. But... but staff needs to
clarify the record as to whether or not there are other buildings in the area, in the City that are
not oriented perpendicular. I really believe that the project is a first-rate project, and I really do
think that the project will add in terms of the overall image of the City as a world class City and
in fact, may have the... an impact that is contrary to what has been put on the record by those in
opposition and I am very much impressed by the economic analysis that the proponent has put
on. I noted specifically that in the first opportunity that this project was presented and then we
deferred it. The opposition put on evidence that this, in fact would block a hotel, and I would
take note of the fact that today, we approved that hotel that... that was testimony previously that
this project would block, that being the Ritz -Carlton, some... what was it? About two months
ago when we first...
Commissioner Hernandez: Now it's the J. W. Marriott. The J. W. Marriott.
Commissioner Teele: The Marriott. The Marriott. The Marriott. But the fact of the matter is, is
that there have been no compelling testimony economically that it is going to have... the
conclusion, economic conclusion that has been argued, and so I am very troubled by that. In
sum, I align myself very much with Commissioner Gort on the issue, I... Perhaps, even more so
that I give a lot of deference to the citizens and the people who have really tried to play by the
rules as they understood them. But, the fact of the matter is, the City code is the City Code and I
wish it were a different code, but I cannot find that the architect, the developer is violating any
provision of the Code and that the competent evidence appears to be in support of the applicant.
I...
Vice Chairman Plummer: All right. Ah...
241 April 28, 1998
Commissioner Teele: Can staff enlighten or at least put on the record as to whether or not this is
a precedent or not precedent?
Commissioner Hernandez: It is not a precedent.
Commissioner Teele: ... because there appears to be conflicting evidence...
Vice Chairman Plummer: Santa Maria.
Commissioner Teele: ... by the two...
Commissioner Hernandez: There is no precedent.
Commissioner Teele: ... sides.
Ms. Lourdes Y. Slazyk (Assistant Director/Planning Department): Yeah, there are four projects
that have been referenced here today that also are parallel.
Unidentified Speaker: [inaudible -- off microphone]
Ms. Slazyk: Yeah, they are north/south parallel. That is, Santa Maria, The Palace, Brickell Key
and The Miami Herald.
Vice Chairman Plummer: O000h. O000h. The Miami Herald.
Mr. Henning: Mr. Chairman, I had... I had asked her to indicate the zoning district of those
buildings, please? Oh, that's not... [phonetic]
Vice Chairman Plummer: Sir, is that necessary, really? Mr. Teele, it's your floor.
Commissioner Teele: No, not... Only from the point of view that I... that was testimony on...
that this was not precedent setting, there was testimony that it was precedent setting, and...
Vice Chairman Plummer: You know why David Lawrence didn't run for governor? Because
he couldn't get the editorial board to call him a crook.
Commissioner Teele: ... I just wanted to at least have, and the staff to read into the record if it
was a precedent setting.
Unidentified Speaker: It's not SD-5. It's not an SD-5.
Commissioner Regalado: It's not SD-5.
Commissioner Teele: All right.
Ms. Burke: [Inaudible]
Vice Chairman Plummer: Excuse me. If you are answering a question, a the direct question of
Mr. Teele, please feel free. Mr. Teele.
Commissioner Teele: Yeah, I guess I would like to hear, you know, how you are trying to
distinguish. I assume you are saying, not in the SD-5. But I really thought the issue of pars... of
being perpendicular and parallel related more to a waterfront than to a...
242 April 28, 1998
Commissioner Hernandez: Not perpendicular. I mean, they are parallel to...
Unidentified Speaker: No.
Commissioner Teele: I would like to hear your view, yes.
Mr. Henning: Yes. John Henning, very briefly. The point that we were making is that this is
the SD-5 zone that we are talking about with this building and it's been on the record and in the
memos, the SD... and in your code. There is only one SD-5, it is the premiere office area. It's
adjacent to the downtown. It is not as the other condominium areas. There are four areas that
are in there. And the... and some of these parallel buildings that are to the waterway, I believe
there are four, or other districts, they are not SD-5 and the premier downtown or adjacent to
downtown, the Brickell address, the Brickell area office area.
Commissioner Gort: Right.
Mr. Henning: And that's SD-5. These others, there are four and et cetera.
Commissioner Gort: Is the Four Ambassador in SD-5?
Vice Chairman Plummer: Four Ambassador has been changed five times.
Ms. Slazyk: Yes.
Commissioner Gort: Four Ambassador is SD-5?
Ms. Slazyk: Yes, it is.
Commissioner Gort: OK.
Mr. Henning: What? And then... And then...
Ms. Slazyk: But all of those projects, the difference is all of these projects required special
permits and, and... you know, and the criteria is the same whether it's in an R-4 and it needs a
special permit or it's an SD-5. The criteria we look at for special permits is the same and the
waterfront is the waterfront.
Commissioner Teele: Will you consider...? Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Maybe a rhetorical, if you are not comfortable answering it, don't answer.
But would you consider after this is all over the language that basically makes a presumption that
a building will be perpendicular, to change the rationale of coming forward? I don't want to
prohibit parallel, but...
Ms. Slazyk: See... See, I wouldn't recommend making that a presumption....
Commissioner Teele: All right.
Ms. Slazyk: ... because on a property like this, that would not be appropriate.
Commissioner Teele: All right. Thank you.
243 April 28, 1998
Ms. Slazyk: And, and... you know, you would tend to hurt something like that from happening
Vice Chairman Plummer: Yes, it's nine o'clock and we quit for the evening and we come back a
month from today. Hello? Hello? Mr. Hernandez.
Commissioner Hernandez: I just wanted to add something, the comments I made and
Commissioner Teele has made. My final conclusion and my decision came down after meeting
with Mr. Yaffa and listening to Mr. Hollo. There is no question if we shift the orientation of the
building that the vistas change and that there is different views. But, no matter, just by the sheer
of size of these buildings regardless on how you shift the orientation you are still going to block
different vistas depending on where you stand, or where the other buildings, competing buildings
are going to be. I just think it's come down that we are a growing City, we are growing by... by
the day. The major Cities, New York, Chicago, LA, Atlanta. There is buildings there that cast
shadows on top of shadows, and that's what going to happen. This is prime real estate. I don't
think any other developer in this town is going to fail to develop in this area because a shadow is
being cast by this building or these two buildings or any other buildings that are going to be built
around. And the bottom line is, I think, you know, regardless on how you put the orientation of
the building, the bottom line for me was, that it was going to block views regardless. Depending
on where you stood.
Vice Chairman Plummer: Mr. Regalado for financial comments.
Commissioner Regalado: I think that the City of Miami has matured and I think that the City
deserves a project of this magnitude. That's... that's my only comment. I would move to
approve.
Vice Chairman Plummer: Ah... I just have question. My concern is predicated on the fact that
749 units, there will also be office building in this... will there not be, or retail space? Retail.
My concern is traffic and nobody has really addressed what I would perceive to be like 1,500 to
2,000 car trips a day. Now, I know that Ms. Zamora that they were striving, their area protected
which is the "half moon" I would call it, in front of their area over there with guard houses. That
would limit the amount of traffic. They have already spoken to the fact of the landscaping,
hopefully, to address the area of the loading. But I haven't heard of anybody in the staff or
either... wants to speak to traffic. And I am concerned about traffic because not just my concern
in this area, but we know there is a 75 unit, 75 floors going in behind it. We know there are two
other projects after that. And nobody is telling me that that street is going to increase in size, and
I am concerned about the traffic. So somebody got to talk to me about.
Ms. Slazyk: OK. As part of the submittal of the Major Use Special Permit, they submitted a
traffic study. The conclusion of the traffic study which was reviewed by our Transportation
Planner was that there is sufficient capacity on the streets to handle the volumes expected. The
peak hours are different. The positive thing for this project and the other residential projects is
that most of the development in the area is office. And the... the vehicle trips, and the peak hour
movements and the directions are opposite flow. So there is sufficient capacity. Most of these
towers will be emptying to go to work before the office peak hour kicks in and the conclusion is
that there is sufficient capacity. The Millennium project which is in the... you know, the
preliminary stages right now, there traffic study is shaping up at this point to probably
recommend another light be added to Brickell Avenue. But this project has not put it over that
threshold. So we are comfortable and we accept the study and recommend.
Vice Chairman Plummer: Well, you know, you address part of my question. Part of my
question, not to these people's detriment, but we have got to think, the next building and the next
building. Have you given consideration that the capacity is going to be there? And I don't know
what the 75-story building is going to be. Is it condominium? Is it offices? A combination
244 April 28, 1998
thereon? And my concern has to be that you have at least... Well, you have got two buildings
beings built there right now.
Ms. Slazyk: Yes.
Vice Chairman Plummer: Almost near completion. You have got two units and I understand
one is going to be built, and then the other one will be built predicated. They are talking about
two, three, maybe four more buildings being built. When you tell me that you studied the
capacity of the road, are you telling me that that capacity will handle all that we are envision
going in there?
Ms. Slazyk: Well, the Downtown...
Vice Chairman Plummer: Hello?
Ms. Slazyk: The Downtown DRI does anticipate that, and it also anticipated that there would be
a split to the public transportation. What we can't do with the project is make somebody come
in and do their traffic study based on the unknowns that are coming two or three years from now.
They have to take everything that is in application and approved and under construction into
consideration in their study. Millennium will have to take this project into consideration. But
these guys didn't know that Millennium was coming and they can't take Millennium into
consideration because there application was submitted several months ago before we even
started to the Millennium people. And... so each one is going to kind of have to take what is
approved in application or under construction into account.
Vice Chairman Plummer: OK, I would like to see a copy of the document in which you have
agreed with the people of the Pointview North area. Do we have a copy of that? I want to see it
for the record.
Ms. Burke: I will get you a copy.
Vice Chairman Plummer: And the reason I am asking that, just on the record is, is the fact that
they have agreed, my understanding to provide adequate funding for the guard houses of both
ends of that, which is not being closed off.
Mr. Garcia -Pedrosa: We haven't approved those Commissioners.
Vice Chairman Plummer: I understand that. But they are willing to fund that, if in fact, it is to
be approved.
Ms. Burke: And if it is not approved, we will take the same amount of money and allow them to
use it for other beautification things in the area. So, even if the guard houses are not approved,
they will not lose the value of that money. Here is a copy of the signed agreement.
Vice Chairman Plummer: I am not worried about the value of the money. I am worried about
the 1,500 to 2,000, please make that as a part of the record. I am worried about the 1,500 to
2,000 people who live in that semicircle who are going to be impacted a little, a lot or maybe on
the traffic and that we could in fact try to limit the impact through either houses, closing the
streets or whatever might be in the future. And I want to make sure that when we do it, that the
funds are there and the funds are provided, not through City funds but through the funds that we
are talking about in this application. Mr. Maxwell, you seem to be nervous again.
Mr. Maxwell: I'm apologetic. No. Again, at the risk of sounding like I am beating a dead
horse. I must, must continue to advise you that when comments such as the last one are made, it
245 April 28, 1998
places us in a somewhat tenuous situation. As the roll call is taken for this vote, regardless of
which way it goes, I will ask that you all be particularly cognizant and explain as I said before
that your vote is based solely on the facts and the information that has been provided you by the
various experts here and also that you give weight, give the proper weight to the testimony of the
neighbors that, that may not be expert in nature. That you not, under any circumstances base
your decision on any proffers, any gate houses, any boardwalks other than the information
dealing with the river... the walk, the public walk out there which is part of the project. And... or
any other offers that might have been made by developers or opponents or any comments that
were not made that you don't have in the record right here. That... that it be based solely, solely
on the information that is a part of this record. And if you do that, your decision regardless of
what that decision may be, will be infinitely more legally defensible. Thank you.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Plummer: Mr. Maxwell, when the day comes that I can't sit here and try to
defend the people who I represent, you can have this chair. That's all I am trying to accomplish.
And that is, that these people who are going to be vitally affected should have some protection
and not at their cost or City cost but at the cost of the person who is benefiting. And sir, when I
can't do that, I don't belong here.
Mr. Maxwell: And you understand that...
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Mr. Chairman, I made a motion...
Commissioner Hernandez: And I am...
Vice Chairman Plummer: Your motion is to approve. Is there a second?
Commissioner Hernandez: There is a second.
Vice Chairman Plummer: All right. Are these guys standing by the door over there as they get
out in a hurry in case it goes the opposite way. I guess that's what it is. Is there any further...?
Is the motion understood? Is there any further discussion, among the Commission? Public
hearing is closed. Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call. Commissioner Regalado?
Commissioner Regalado: Yes.
Mr. Foeman: Commissioner Gort.
Commissioner Gort: Like our attorney has stated. I like to explain that my 20 years of
experience in the Planning and the Zoning Board is what makes... is what makes the decision.
[phonetic] You know, it's very difficult. I, like Commissioner Teele, was looking for an excuse
to vote against it because Bill Jaffa and Tibor Hollo of Florida Eastcoast has done quite a bit for
this City. But I have to tell you, just about every building that was done in Brickell Avenue had
a variance, had to come in front of this board asking for different things. This is the first time
that we had a developer who would come in front of us without asking for a variance, without
asking for any other... any other additional that has given to other... granted to other buildings
within that area. For those reasons, I vote, yes.
Mr. Foeman (City Clerk): Commissioner Hernandez?
246 April 28, 1998
Commissioner Hernandez: Yes.
Mr. Foeman: Commissioner Teele?
Commissioner Teele: The evidence that has been presented today, I think, clearly is in favor of
the applicant, the substantial evidence. I wish to state for record that my staff shields from me
any memos or letters that relate to any zoning application. I have had no conversations with
anybody about proffers, about gates, about swimming pools. I am not interested. I have enough
issues right now, and... My vote is solely based upon the evidence that was presented the last
time when it was deferred, the record was deferred and today. And I am voting, yes.
Mr. Foeman: Vice Chairman Plummer?
Vice Chairman Plummer: The Heat is winning 76 to 67, and I vote, yes.
Ms. Burke: Thank you, so much.
[APPLAUSE]
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-450
A RESOLUTION WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE BAYSHORE PALMS PROJECT, TO
BE LOCATED AT APPROXIMATELY 1201 BRICKELL BAY DRIVE (F/K/A)
SOUTH BAYSHORE DRIVE), MIAMI, FLORIDA; TO BE COMPRISED OF NOT
MORE THAN 749 UNITS, ACCESSORY AND COMMERCIAL SPACE AND 1,254
PARKING SPACES (INCLUDING VALET SPACES); DIRECTING TRANSMITTAL
OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
(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.
Vice Chairman Plummer: Hold on. Hold on.
Commissioner Regalado: Hold...
247 April 28, 1998
Vice Chairman Plummer: Hold on. Maybe he wants to change our minds. Sir, you wish to
make a statement.
Mr. Henning: No, sir. No, I... I just thank you for your attention. One housekeeping matter to
work with your Clerk, I would just to mention on the record that there were exhibits that were
submitted by the opponents. One exhibit was a legal memorandum authored by John... Frank
Schnidman and John Henning. Another one was the four boards regarding the Code provisions.
We gave you reductions on letter size. Another one was a resume of Professor Ralph
Warburton. Another item on the record was written comments by Professor Ralph Warburton.
There was a... Next was a resume of Thomas Schlosser. There were two aerial photos, one from
the east view and one from the west view. We have reductions for the record. There are... there
is a shadow study booklet that we presented to... on the record. There are computer renderings
which we have not reduced but we will work with the City to get reductions for the record. And
there is a model, if you would like, we will get photographed for record.
Unidentified Speaker: And a tape of the..
Mr. Henning: And the tape of the... of the Advisory Board meeting, is public record... but we
incorporate that in the record. And we are available afterwards to clarify this to.
Vice Chairman Plummer: Thank you, sir.
Mr. Henning: Thank you, very much.
Vice Chairman Plummer: Mrs. Burke, you said that after the vote you wish to be...
Ms. Burke: Yes, if we are done, Manny Zarraga would like to make a statement to the
Commission.
Vice Chairman Plummer: That's fine.
Ms. Burke: There you go.
[NOTE FOR THE RECORD: COMMISSIONER TEELE LEFT THE CITY CHAMBERS AT
9:14 P.M.]
Mr. Manuel Zarraga: Good evening. Thank you, again for all of your time to the Commission,
the staff which has worked feverishly with us. To our team and to all the residents that came
out to work with us, we look forward to being your neighbors. Very quickly, on behalf of Dr.
Perez and the Multiplan family, the tradition of the group, not withstanding anything of this in
Brazil has been to be active in funding activities for children. And clearly our City has great
needs in that regard. We would like to announce the formation of a program which we were
kind of inspired by the corporate rate, and that would be the City of Miami Kids Corporate
Challenge. And we would like to prepare a fund where we will contribute fifty thousand dollars
($50,000). Those fifty thousand dollars ($50,000) will be part of a larger fund which will be
used by, hopefully, the Parks and Recreation Department for many of the needs of the City kids
which include things including pools that need to be open. There is toddler parks in the Brickell
area, et cetera. But, just a sincere level of appreciation. And we also invite other major property
owners in the area, many of those that are present here, to join us in this fund. And... So again,
thank you very much for all the time and all the effort. I appreciate it.
[APPLAUSE]
248 April 28, 1998
Vice Chairman Plummer: Any other matter to comes before this board? If not, we adjourn. So
be it.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:15 P.M.
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
COMMISSIONER J. L. PLUMMER, JR.
PRESIDING OFFICERNICE CHAIRMAN
249 April 28, 1998