HomeMy WebLinkAboutCC 1998-05-12 MinutesCITY
MIAMI
OR
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COMMISSION
MINUTES
OF MEETING HELD ON MAY 12, 1998 (Regular)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter A Foeman/City Clerk
ITEM NO.
INDEX
MINUTES OF REGULAR MEETING
May 12,1998
SUBJECT
LEGISLATION
1. COMMENDATIONS / PROCLAMATIONS: 5/12/98
-PATRICIA A. QUINTANA AND MICHAEL C. SHELTON: DISCUSSION
1997 OUTSTANDING CITY EMPLOYEES OF THE YEAR. 2-3
-JACKSON HIGH SCHOOL CHESS TEAM: NATIONAL
HIGH SCHOOL CHESS CHAMPIONS.
2. COMMENTS FROM COMMISSIONER PLUMMER 5/12/98
REGARDING FUTURE RECOGNITION FOR KATIE DISCUSSION
IRELAND — SEE LABEL 23. 3
3. EXPRESS CONDOLENCES UPON RECENT DEATH OF 5/12/98
CHARLES BEBE REBOZO. R 98-451
3-4
4. CONSENT AGENDA. 5/12/98
DISCUSSION
5-7
4.1. ACCEPT DONATION OF COMPUTER EQUIPMENT — 5/12/98
FROM UNITED STATES DEPARTMENT OF PROBATION R 98-452
— FOR POLICE. 7
4.2 ACCEPT BID: COUNTRY CLUB KENNEL — FOR CANINE 5/12/98
FOOD — FOR POLICE — ALLOCATE $12,529. FROM R 98-453
ACCOUNT 00 1000.290291.6.7 10. 8
4.3 ACCEPT DONATION OF TWO BUSES — FROM MIAMI- 5/12/98
DADE COUNTY TRANSIT AUTHORITY — FOR POLICE. R 98-454
8
4.4 AUTHORIZE REIMBURSEMENT OF GENERAL FUND 5/12/98
MONIES TO CITY RECOVERY PLAN — FROM LAW R 98-455
ENFORCEMENT TRUST FUND, PROJECTS 690002 AND 9
690003.
4.5 APPROVE PROCUREMENT OF UNIFORM RENTAL 5/12/98
FROM ARAMARK UNIFORM SERVICES, INC. — FOR R 98-456
GENERAL SERVICES ADMINISTRATION — ALLOCATE 9
$12,060.00 FROM LIGHT FLEET MANAGEMENT
ACCOUNT CODE 503001.420905.075 ($10,060.00) AND
FROM HEAVY FLEET MANAGEMENT ACCOUNT CODE
509000.420901.075 ($2,000.00).
4.6 APPROVE LEASING PAGERS FOR CITYWIDE USE 5/12/98
FROM PAGING NETWORK OF ORLANDO, INC. — FOR R 98-457
GENERAL SERVICES ADMINISTRATION — ALLOCATE 10
$12,000.00 GSA ADMINISTRATION DIVISION ACCOUNT
CODE 506000.42601.1.670.
4.7 ACCEPT BID: GENERAL CAULKING & COATING CO. 5/12/98
INC. — FOR VIRRICK PARK — FOR PARKS AND R 98-458
RECREATION -- ALLOCATE $30,000.00 FROM CIP 10
PROJECT 331316, VIRRICK PARK RENOVATIONS,
ACCOUNT CODE 589301-860.
4.8 ACCEPT BID: BANNERMAN LANDSCAPING, INC. — 5/12/98
FOR CONCRETE WALKWAY AT MERRIE CHRISTMAS R 98-459
PARK — FOR PARKS AND RECREATION — ALLOCATE 11
$6,000.00 FROM CIP PROJECT 331379, ACCOUNT CODE
589301-860.
4.9 AUTHORIZE AGREEMENT UNDER FLORIDA INLAND 5/12/98
NAVIGATION DISTRICT WATERWAYS ASSISTANCE R 98-460
PROGRAM — FOR WATSON ISLAND PUBLIC BOAT 11
RAMP REPLACEMENT PROJECT.
4.10 AUTHORIZE FUNDING FOR SPONSORSHIP OF 5/12/98
NATIONAL BLACK POLICE ASSOCIATION SOUTHERN R 98-461
REGION ANNUAL TRAINING CONFERENCE ( May 13- 12
17, 1998 ) — ALLOCATE $5,000.00 FROM LAW
ENFORCEMENT TRUST FUND PROJECTS 690001,
690002, 690003.
5. (A) DISCUSS / DEFER CONSIDERATION OF
AGENDA ITEMS 5 (PROPOSED EMERGENCY
ORDINANCE TO APPROVE FRANCHISE AGREEMENT
WITH FPL ENERGY SERVICES, INC.) AND 9 (PROPOSED
FIRST READING ORDINANCE TO AMEND SECTION 40-
250 OF CODE REGARDING PENSION BENEFITS) TO
COMMISSION MEETING SCHEDULED FOR MAY 26,
1998.
(B) DIRECT CITY MANAGER TO PROVIDE
INFORMATION CONCERNING FPL ENERGY SERVICES,
INC., INCLUDING LOCATION AND TYPE OF PROPOSED
FACILITY, BY COMMISSION MEETING OF MAY 26,
1998 - FURTHER DIRECT MANAGER TO ADVERTISE
FOR AND CONTACT OTHER QUALIFIED COMPANIES
THAT MAY WANT TO ENTER INTO FRANCHISE
AGREEMENT WITH CITY TO PROVIDE DISTRIBUTION
SYSTEM OF CHILLED WATER AND STEAM TO MAJOR
INSTITUTIONS.
(C) DIRECT CITY MANAGER TO PROVIDE
COMMISSIONERS WITH TOTAL COST TO CITY OF
PROPOSED PUBLIC TRUST FUND - BRIEFLY DISCUSS
SALARY CUTS TO SENIOR EXECUTIVES EARNING
ABOVE $97,000. - DISCUSS SALARY AND BENEFITS
PACKAGE OF CITY MANAGER - DIRECT CITY
MANAGER TO PREPARE A REPORT FOR COMMISSION
DISCUSSION OUTLINING BENEFITS OF CURRENT CITY
MANAGER AS WELL AS THOSE RECEIVED BY CESAR
ODIO AND EDWARD MARQUEZ. - FURTHER DIRECT
MANAGER TO PROVIDE INFORMATION SHOWING
BUDGETARY IMPACT OF ACCUMULATED VACATION
AND SICK TIME ACCRUALS.
6. RATIFY / APPROVE / CONFIRM SOLE SOURCE FINDING
- WAIVE BID REQUIREMENTS - APPROVE
ACQUISITION OF CRIME PREVENTION PUBLICATIONS
FROM CHANNING L. BETE COMPANY, INC. - FOR
POLICE - ALLOCATE $21,000.00 FROM LAW
ENFORCEMENT TRUST FUND PROJECTS 690001,
690002, 690003.
7. RATIFY / APPROVE / CONFIRM WAIVING BID
REQUIREMENTS - ACCEPT WRITTEN QUOTE FROM
EDWIN M. GREEN SWIMMING POOLS - FOR REPAIRS
AT ATHALIE RANGE SWIMMING POOL - ALLOCATE
$11,875.00 FROM PARKS AND RECREATION ACCOUNT
CODES 116002.588802.1.6.670 AND 001000.580301.6.670.
5/12/98
M 98-462
13-33
5/12/98
M 98-463
33-35
5/12/98
R 98-464
35-37
8. AUTHORIZE REALLOCATION OF AVAILABLE
5/12/98
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
98-465
- FOR FUNDING OF CDBG ELIGIBLE ACTIVITIES,
37-48
INCLUDING DOWNTOWN PARKS AND BAYFRONT
PARK IMPROVEMENTS PROJECT - FURTHER DISCUSS
CRITERIA FOR ALLOCATION OF FUNDS BY
NEIGHBORHOOD AND REDUCTION OF FUNDING FOR
MIAMI CAPITAL.
9. ADOPT SECOND READING ORDINANCE: AMEND
5/12/98
CODE ESTABLISHING BROWNFIELDS ADVISORY
ORDINANCE
BOARD (BAB).
11652
48-49
10. ADOPT SECOND READING ORDINANCE: ESTABLISH
5/12/98
SPECIAL REVENUE FUND: BLUE RIBBON TASK FORCE
ORDINANCE
- APPROPRIATE $21,500.00 FROM BLUE RIBBON TASK
11653
FORCE FOR OPERATION OF SAID FUND.
49-50
11. SECOND READING ORDINANCE: AMEND SECTION 2- 5/12/98
33(E) OF CODE TO REQUIRE THAT ALL POCKET ITEMS ORDINANCE
WITH FISCAL IMPACT BE REVIEWED BY CITY 11654
MANAGER PRIOR TO COMMISSION CONSIDERATION. 50-52
12. FIRST READING ORDINANCE: AMEND ORDINANCE 5/12/98
11506 ESTABLISHING CALI CARTEL ENFORCEMENT FIRST READING
APPROPRIATING ADDITIONAL FUNDS FOR ORDINANCE
OPERATION OF PROGRAM IN TOTAL AMOUNT OF 52-53
$115,555.00.
13. PASS FIRST READING ORDINANCE: ESTABLISH NEW 5/12/98
SPECIAL REVENUE FUND: PROGRAMS FOR THE FIRST READING
DEVELOPMENTALLY DISABLED, 1998-1999 - ORDINANCE
APPROPRIATE $317,818.00 CONSISTING OF GRANTS 53-54
FROM THE STATE OF FLORIDA.
14. AUTHORIZE CITY MANAGER TO ACCEPT GRANTS 5/12/98
FROM THE STATE OF FLORIDA TO FUND PROGRAMS R 98-466
FOR THE DEVELOPMENTALLY DISABLED FROM JULY 54-55
1, 1998 THROUGH JUNE 30, 1999 - ADMINISTERED BY
PARKS AND RECREATION DEPARTMENT.
15. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 5/12/98
13 (ACCEPT RECOMMENDATION OF SELECTION M 98-467
COMMITTEE FOR MOST QUALIFIED TEAM TO 55-59
PROVIDE ENGINEERING AND LANDSCAPE
ARCHITECTURE FOR RIVERSIDE RIVER FRONT
REDEVELOPMENT PROJECT) FOR COMMISSION
16. ESTABLISH $15,000.00 CAP FOR USE FEE PAYABLE BY 5/12/98
INTERFOREVER SPORTS, INC. - FOR ORANGE BOWL R 98-468
USE FOR PROFESSIONAL SOCCER MATCH 59-60
SCHEDULED FOR MAY 27, 1998.
17. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT 5/12/98
WITH SHL LANDY JACOBS - FOR PROMOTIONAL R 98-469
EXAMINATIONS FOR CHIEF FIRE OFFICER AND FIRE 60-63
CAPTAIN CLASSIFICATIONS - ALLOCATE $150,000.00
FROM FIRE -RESCUE ACCOUNT 001000.280601.6.270.
18.
AUTHORIZE SETTLEMENT: RONALD J. SAINTIL
5/12/98
($35,000.00), CASE 97-1183 CIV-UNGARO-BENEGES.
R 98-470
63-64
19.
(A) DISCUSS CLEAN - UP AND FUTURE
5/12/98
DEVELOPMENT OF MARINE STADIUM - PROPOSED
DISCUSSION
FLEA MARKET MEANTIME.
64-68
(B) COMMENTS FROM MARTHA FERNANDEZ
LEON BROUCEK, COUNCIL MEMBER OF VILLAGE OF
KEY BISCAYNE.
20.
(A) DISCUSS / INSTRUCT CITY ATTORNEY TO FILE
5/12/98
LAWSUIT AGAINST CONTROLLING INTERESTS OF
M 98-471
MN OCEAN FREEZE - FOR PURPOSES OF
M 98-472
RECOVERING $90,000.00 OWED TO CITY FOR
68-74
DOCKAGE OF SAID VESSEL AT BAYFRONT PARK.
(B) NOTIFY CONTROLLING INTERESTS OF M/V
OCEAN FREEZE OF POTENTIAL PROBLEM THEY
PRESENT DURING HURRICANE SEASON - FURTHER
INFORMING SAID INTERESTS THAT THEY ARE FULLY
RESPONSIBLE FOR POTENTIAL PROBLEMS CREATED
AND THAT THEY ARE ANSWERABLE TO THE COAST
GUARD - FURTHER DIRECTING THE CITY ATTORNEY
NOT TO HIRE OUTSIDE COUNSEL IN CONNECTION
WITH OCEAN FREEZE MATTER.
21.
DISCUSS ADMINISTRATION'S PRESENTATION /
5/12/98
CURRENT STATUS / FUTURE DEVELOPMENT OF
DISCUSSION
VIRGINIA KEY - ALSO CONTINUE DISCUSSION ON
74-88
CLEAN-UP AND USES FOR MARINE STADIUM,
INCLUDING THE DEFINITIONS ON THE DEED
RESTRICTIONS - FURTHER DIRECTING CITY
MANAGER TO INSTRUCT STAFF TO MEET WITH EACH
COMMISSIONER TO THEN RETURN TO CITY
COMMISSION WITH PROPOSALS.
22. COMMENTS FROM COMMISSIONERS ON NEED TO 5/12/98
KEEP WTVJ-CHANNEL 6 IN MIAMI - FURTHER DISCUSSION
INSTRUCTING CITY MANAGER TO UPDATE 89-90
COMMISSIONERS ON NEGOTIATIONS WITH WTVJ
(SEE LABEL 29).
23. CONTINUED COMMENTS REGARDING 5/12/98
COMMENDATION FOR KATIE IRELAND, GOLD MEDAL DISCUSSION
WINNER. (SEE LABEL 2). 90
24. DISCUSSION - PUBLIC HEARING REGARDING 5/12/98
CONSTRUCTION AT VIRRICK GYM SITE - DIRECT M 98-473
CITY MANAGER TO LIMIT CONSTRUCTION ON 91-113
VIRRICK GYM SITE - FURTHER DIRECTING MANAGER
TO RETURN WITH RECOMMENDATION ON WHETHER
TO DEMOLISH OR NOT THE PINK BUILDING AT 2600
SOUTH BAYSHORE DRIVE - FURTHER DIRECTING
MANAGER TO HAVE PARKS AND RECREATION
MANAGE VIRRICK GYM - ALSO STIPULATING THAT
COMMISSION AND DEPARTMENT WILL DETERMINE
ORGANIZATIONS TO BE ALLOWED AT SAID
LOCATION - FURTHER DIRECTING MANAGER TO
SCHEDULE THIS ISSUE FOR COMMISSION MEETING
OF JUNE 23, 1998.
25. REAFFIRM CURRENT APPOINTMENTS OF ELECTED 5/12/98
OFFICIALS AS MEMBERS OF BOARDS. R 98-474
113-115
26. ACCEPT RECOMMENDATIONS AS PRESENTED BY 5/12/98
CITY MANAGER IN CONNECTION WITH SECTION 108 M 98-475
LOAN FOR PARROT JUNGLE ON WATSON ISLAND IN 115-118
ACCORDANCE WITH CITY MANAGER'S
MEMORANDUM TO CITY COMMISSION DATED APRIL
28, 1998 - FURTHER DIRECTING MANAGER TO
FORWARD TO MIAMI-DADE COUNTY JOINT
PARTICIPATION AGREEMENT AND TO REQUIRE
MIAMI-DADE COUNTY TO EXPAND ITS FINANCIAL
PARTICIPATION FOR SAID PROJECT.
27. ISSUE REQUEST FOR PROPOSALS FOR PLAYGROUND 5/12/98
APPARATUS FOR CITY PARKS (GT SPORTS M 98-476
ENTERPRISES VENDOR) - RETURN TO CITY 118-119
COMMISSION FOR APPROVAL BY JUNE 23, 1998.
28. (A) CONFIRM APPOINTMENTS OF JUAN CARLOS
5/12/98
MAS AND ALVIN WEST TO DOWNTOWN
R 98-477
DEVELOPMENT AUTHORITY.
M 98-477.1
(B) REAFFIRM APPOINTMENTS OF L. GRANT
119-122
"JACK" PEEPLES AND JIMMY MORALES TO
DOWNTOWN DEVELOPMENT AUTHORITY.
29. EXPRESS SUPPORT FOR COMMUNITY
5/12/98
REDEVELOPMENT AGENCY (CRA) APPROVING IN
M 98-478
PRINCIPLE A SECTION 108 ALLOCATION TO CLOSE
122-129
GAP OF MCMC JOINT VENTURE RELATING TO
DEVELOPMENT RIGHTS WITH RESPECT TO PARCELS
IN CITY KNOWN AS BLOCKS 45, 55, AND 56 (CHANNEL
6 STATION) - FURTHER PROVIDING FOR REPAYMENT
- FURTHER STIPULATING THAT PRIOR TO FINAL
APPROVAL TRANSACTIONS ANTICIPATED WILL
REMAIN WITH CRA BOARD AND THE CITY
COMMISSION. (SEE LABEL 22).
30. DIRECT CITY MANAGER TO SCHEDULE WORKSHOP
5/12/98
REGARDING CABLE TELEVISION FRANCHISE.
DISCUSSION
129-130
31. RE -APPOINT PAUL SINGERMAN / FRED JOSEPH / 5/12/98
STEPHANIE KERR / RUTH GREENFIELD / TINA HILLS / R 98-479
LINDA EADS TO BAYFRONT MANAGEMENT TRUST. 130-131
32. RE -APPOINT TRENESE J. TURNER TO UNITY COUNCIL 5/12/98
OF MIAMI. R 98-480
131-132
33. APPOINT MANOLO REYES AND STANLEY GETTIS TO 5/12/98
BUDGET AND FINANCES REVIEW COMMITTEE. R 98-481
132-133
34. RE -APPOINT RAFAEL CABEZAS / CARLOS MARTEL / 5/12/98
LISSETTE RODRIGUEZ / MARTIN URRA / ANITA TEJON R 98-482
RODRIGUEZ-TEJERA TO AFFORDABLE HOUSING 133-134
ADVISORY COMMITTEE.
35. APPOINT DANNY COUCH / RALPH ARZA / 5/12/98
PRISCILIANO FALCON TO CITYWIDE COMMUNITY R 98-483
DEVELOPMENT ADVISORY BOARD. 134-135
36. RE -APPOINT RONNIE ARANGO / SILVIA MORALES- 5/12/98
CEJAS TO COCONUT GROVE STANDING FESTIVAL R 98-484
COMMITTEE. 135-136
37.
APPOINT DANNY PEREZ TO URBAN DEVELOPMENT
5/12/98
REVIEW BOARD.
R 98-485
136-137
38.
RE -APPOINT ROBERT VALLEDOR / MONIQUE TAYLOR
5/12/98
TO NUISANCE ABATEMENT BOARD.
R 98-486
137-138
39.
APPOINT MARY ANN DAVID TO MIAMI AUDIT
5/12/98
ADVISORY COMMITTEE.
R 98-487
138-139
40.
(A) RE -APPOINT JACK KING AND VIVIAN GUZMAN
5/12/98
TO MIAMI WATERFRONT ADVISORY BOARD.
R 98-488
(B) DELETE VIVIAN GUZMAN'S NAME FROM R98-
M 98-488.1
488, APPOINTING HER TO WATERFRONT ADVISORY
139-140
BOARD.
41.
RE -APPOINT YVES FORTUNE TO MIAMI STREET
5/12/98
CODESIGNATION REVIEW COMMITTEE.
R 98-489
141
42.
APPOINT GEORGE CALIL AND CARLOS DE ZAYAS TO
5/12/98
PROPERTY AND ASSET REVIEW COMMITTEE.
R 98-490
141-142
43.
DEFER APPOINTMENTS TO ZONING BOARD.
5/12/98
DISCUSSION
142
44. APPOINT ALLAN SWEENEY, ANTONIO LLANO 5/12/98
MONTES, RAYMUNDO ESCARRA, PEDRO MORA, R 98-491
MARIA ELENA ALFONSO, BOB RODRIGUEZ, RAFAEL 143
GARCIA-TOLEDO, VICKY LEIVA, WALDO CASTRO-
MOLLEDA TO INTERNATIONAL TRADE BOARD.
45. RE -APPOINT NAMES PROFFERED TO LATIN QUARTER 5/12/98
REVIEW BOARD. R 98-492
144
46. DEFER APPOINTMENTS TO PLANNING ADVISORY 5/12/98
BOARD. DISCUSSION
144
47. CONFIRM NOMINATIONS OF ROSA GREEN / JERRY 5/12/98
COLEMAN / JAZZ IRRIZARRY TO OVERTOWN R 98-493
ADVISORY BOARD. 145
48. DEFER APPOINTMENTS OF CODE ENFORCEMENT 5/12/98
BOARD. DISCUSSION
146
49. DEFER APPOINTMENTS TO AFFIRMATIVE ACTION 5/12/98
ADVISORY BOARD. DISCUSSION
146-147
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of May, 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 9:56 a.m. by Mayor Joe Carollo, with the following
members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Tomas Regalado ( District 4)
ALSO PRESENT:
Jose Garcia -Pedrosa, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
ABSENT:
Commissioner Arthur E. Teele, Jr.
Commissioner Humberto Hernandez
An invocation was delivered by Commissioner Gort, who then led those present in a pledge of
allegiance to the flag.
[COMMENTS PRIOR TO MEETING OFFICIALLY CONVENING:]
Vice Chairman Plummer: Mr. Manager, you had requested that one item be put at the very end
of the agenda. Which one was that? Or you got a request to do it.
Mr. Garcia -Pedrosa: I got a request to do it.
Vice Chairman Plummer: Which item was it?
Mr. Garcia -Pedrosa: I think it was the virrick Gym item that they wanted to start no earlier than
five.
Vice Chairman Plummer: All right. That's fine. Just so note, Mr. Clerk -- what item number is
that?
1 May 12, 1998
Mr. Garcia -Pedrosa: That's item 19.
Vice Chairman Plummer: Mr. Clerk, item 19, would you make a note that that item will not start
before 5:00? That's the Virrick Gym item. And people have called and ask that we wait until
5:00 to start. I agree with the manager that it be the last item on the agenda. We're waiting for
the Mayor. Good morning, sir.
Mayor Carollo: We have several awards and proclamations to give this morning. We will
begin by giving two commendations and plaques to the 1997 outstanding City of Miami
employees of the year and if I may ask Patricia Quintana and Michael Shelton to come up,
please. Whereas Patricia Quintana, employee of the City of Miami for almost 11 years, has
consistently shown her willingness and ability to perform far beyond the requirements of her
classification and whereas, living up to her reputation, as a person who gets things done, Patricia
Quintana managed to clean up Simpson Park and develop it into a handsome educational
enhancement program for Miami Dade students and whereas Ms. Quintana then turned her
attention to Rain Right Rickel South Triangle Parks, working tirelessly to address the concerns of
the community, while also finding time to research, apply for and manage grants for her program.
And whereas, Miss. Quintana's, dedication and effort have been recognized and commended by
her community her peers and supervisor, earning her the 1997 award for outstanding City
employee of the year. Now therefore I, as Mayor of the City of Miami, together with the Miami
City Commission do hereby commend Patricia A. Quintana for her continuing outstanding
performance and dedication to the City of Miami. Patricia. And we won't force you to hold
two of these at the same time so you won't drop any, but we also have a plaque for you for the
outstanding employee of the year for 1997, Patricia.
Ms. Patricia Quintana: Thank you.
Vice Chairman Plummer: And if I may ask our chairman of the Public Safety Committee to
present the following commendation.
Commissioner Gort: From the City of Miami, over two years ago, chief Fire Officer, Michael
S. Shelton, embarked on a monumental task of updating the fire department emergency
operations manual and Shelton showed outstanding efforts and diligence in researching and
preparing the manual, a project he started while in the capacity as Chief of the Emergency
Response Division. The emergency's operation manual is a standard operating procedure
manual used by officers at every supervisory level within the fire department and , whereas
Shelton's single-handed dedication to this two year project earned him the 1997 award for fire
officer of the year. Now, therefore, Joe Carollo, the Mayor of the City of Miami, does confirm
and commend Chief Michael S. Shelton for your continuing outstanding performance and
dedication to the City of Miami.
May 12, 1998
Mayor Carollo: And, if I may ask the respective department heads of each of these employees
if they could hold their plaques for them. Congratulations, Ann. Now, this next proclamation is
for a very special group of young people. This is the Jackson High School Chess Team, the
National High School chess champions. If they could come up, please together with their coach
and professors. You got a lot of you here. Maybe you come right here in the bottom. That
would be better.
Vice Chairman Plummer: You all got to come right here in front of us.
Mayor Carollo: And if I can have Commissioner Gort read this together with Commissioner
Plummer.
Commissioner Gort: This is my wife's alumni. She went to Jackson, so I hope she's watching.
Whereas the Jackson High School Chess Team has brought pride to this community by winning
the National High Chess Championship in Los Angeles, California. Whereas this true marks
the first time ever that any Miami Dade County School has won this prestigious title. Whereas,
in addition to the title and National Championship, the Jackson High Chess Team also ranks as
state champions in South Florida Regional Champs and whereas the 13 members team,
coordinated by Mario Martinez, was lead this year by Marse Martinez, who earn special
distinction for being the only competitor on the state championship in Gainesville to win all his
games. And whereas local officials on behalf of the community are proud and pleased to salute
each of the members of the Jackson High School Chess Team. Now, therefore, Joe Carollo,
Mayor of the City of Miami, Florida, do hereby proclaim Tuesday, May 12, 1998 as Jackson
High Chess Team Day. Congratulations, guys. Well done.
2. COMMENTS FROM COMMISSIONER PLUMMER REGARDING FUTURE'
RECOGNITION FOR. KATIE IRELAND —,SEE LABEL 23,
Vice Chairman Plummer: Mr. Mayor, as a point of personal privilege, if I may, my next door
neighbor, who I would ask to be in our next meeting, for the purposes of you totally recognizing
Katie Ireland, a resident of Coconut Grove and a senior at Ransom Everglades, took home three
gold medals from the State's three-day Track and Field Championship in Gainesville over the
weekend. She anchored the 3200 meter relay, which set both school and state records, and won
both the 16 meter and the 800 meter run. She will be attending Boston University in the Fall on
a full athletic scholarship. Mr. Mayor, at our next Commission meeting, that you would
appropriately recognize her through a commendation, please.
Mayor Carollo: It would be our pleasure, Commissioner.
3. EXPRESS 'CONDOLENCES UPONRECENT DEATH OF CHARLES BEBE''
REBOZO,
Vice Chairman Plummer: Mr. Mayor, I'd like to also, at this time, make a motion that one of
the stanch backers of the community as well as the Boy's Club and Girl's Club of Miami passed
away this week. Was no shock but it was a shock to the community that Bebe Charles `Bebe"
Reboso passed away. I had the opportunity, at many times, working with Mr. Reboso through
the Boy's Club, as well as Mr. Gort. The man, through untiring efforts, never ever once hesitated
May 12, 1998
to stick his hand in his pocket and come up with the things that were needed and needed most.
As a matter of fact, I guess one of the things I thought about after I heard of his passing, was that
he donated to the Boy's Club a 1939 Rolls Royce Limousine to be raffled off for benefits for the
Boy's Club ,as well as the Cadillac Limousine that Richard Nixon, his very close friend, used
when he was here, he gave them both to the Boy's Club to be raffled off. Mr. Mayor, I would
make a motion at this time that the appropriate resolution be prepared and delivered to the family
of Mr. Charles `Bebe". Reboso on behalf of this City of Miami. I so move.
Commissioner Gort: Second.
Mayor Carollo: There's a motion. There's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-451
A RESOLUTION EXPRESSING DEEPEST SYMPATHY
AND SINCEREST CONDOLENCES OF THE CITY
COMMISSION ON BEHALF OF THE CITY OF MIAMI AND
ITS CITIZENS TO THE FAMILY AND FRIENDS OF
CHARLES "BEBE" REBOZO UPON HIS RECENT DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Humberto Hernandez
Mayor Carollo: Mr. Reboso is indeed, a dear friend and outstanding citizen for our community
and he's someone that we're all going to miss.
Vice Chairman Plummer: Just for the record, Mr. Mayor, in case anyone is interested, the
services will be tomorrow, Wednesday, at 5:00, at St. Andrews Episcopal Church on Key
Biscayne.
4 May 12, 1998
4. CONSENT AGENDA.
Mayor Carollo: Thank you, Commissioner. Now, we're in the consent agenda, item CA-1
through CA-10. If the Commissioners could go through these items and if there are any items
that need to be pulled for discussion, if you may so indicate.
Vice Chairman Plummer: CA-6, I have a very brief question.
Mayor Carollo: Okay. You want to deal with it now or you want to pull it?
Vice Chairman Plummer: Mr. Mayor, it's just ... my question is, is why we're buying or renting
releasing pagers from an Orlando company. My God, this community is just littered everywhere
with pager companies. Why are we using an Orlando company was my ... Mr. Manager, I don't
know how important it is to you but you know, I've been criticized many times for doing
business with home people.
Mr. Jose Garcia -Pedrosa (City Manager): We're piggybacking off of the County `s Contract
and that's through the Miami Dade County contract.
Vice Chairman Plummer: Did you try to locally find out if you could get it for the same price or
less?
Mr. Jose Pinon (Assistant City Manager): Yeah. They have offices in Opa-Locks and that's the
regional office that they're utilizing and it's a County contract.
Vice Chairman Plummer: Opa-Locka, not in the city of Miami.
Mr. Pinon: No, we understand, sir. But we feel ... we feel that a....
Vice Chairman Plummer: Hey guys, you know, they pay your salary, the people who have
businesses in this city. I hope you all keep that in mind. I mean, it's just ... that's all I have, Mr.
Mayor.
Mayor Carollo: All right. Commissioner Regalado.
Commissioner Regalado: No.
Mayor Carollo: Commissioner Gort. Is there anyone from the public that would like to speak
for or against any item in this consent agenda?
Mr. Mariana Cruz: Myself.
Mayor Carollo: Okay. Go ahead, sir.
Mr. Cruz: Item CA-4, CA-9. My name is Mariano Cruz, 1227 Northwest 46th Street. In
Miami. I'm here with ... on the ... besides all the Law Enforcement Trust only came here once and
the only information they sent me is whatever is in the agenda. To get that, I don't need to come
5 May 12, 1998
here and ask for information. Like Law ... what they do that or how the money come from the
place, how the monies are used during ...like knowledge of those funds. And on CA-9 the same
money is going to the boat ramp. That program for use of the residents of Miami only or
anybody can use the boat ramp because I will tell you subsidizing the people from other cities
that come and use our facilities and then, if I can remember, in that Watson Island has big
problem where people toiling down there and then suing the City of Miami and then we are
responsible for that. So I would like to know, are we spending a hundred and forty-two thousand
dollars ($142,000), I think, with matching funds too, two comes to, to a hundred and eighty-four
thousand dollars ($284,000) there and I go here to the same people, the program there, in Dinner
Key, the same thing, people from all over come and use the place and there is ... we're not getting
any revenue from that ... of the site. Why should we build and spend the money, instead of putting
that money in Allapattah Comstock Park, and we needed that more, the ramp that's used by
everybody else but the City of Miami. Thank you.
Mayor Carollo: Okay. Boom.
Manuel Gonzalez-Goenaga: Good morning, Commissioner. I'm speaking on item 2, 4,6 and 8,
but since Mr. Plummer doesn't like me to speak, I'm going to be shorter than that and I will ... I
will..
Vice Chairman Plummer: Sooner or later he's going to learn.
Manuel Gonzalez-Goenaga: I will speak about number two just. I am glad that the police dogs
are given food. But for heaven's sake, I don't want any confusion... confusion of giving K-9 food
to the police officers because that ... those were the days when they used to arrest me. Regarding
the CA-4, the Law Enforcement Trust Fund, I am not in opposition to anything but I think
that ... every time Mr. Mariano Cruz comes here, we ask for it be change income and expense.
I know is a volatile account and we are never, never been provided and this is the
government of transparency or should be of transparency and transparency. And then on number
eight, I wonder if we ... if we consulted Church and Tower to see if the budget of six thousand
dollars ($6,000) for five hundred linear foot concrete walkway is reasonable. We should
compare it with the advice of Church and Tower, ,who are the experts in lines and concrete
and ... so I would like to know if they are advising as to the costs of those material and for the time
being, thank you, thank you, Mr. Plummer.
Vice Chairman Plummer: If there's no one else, Mr. Mayor, to speak on the ... I second the
motion.
Commissioner Gort: Who moved it?
Mayor Carollo: Motion has been second. Anybody else in the public would like to address this
body for or against any of these items in the Consent Agenda? Hearing none, anyone else in the
Commission would like to address its members. All right. All in favor of this Consent Agenda,
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no nays. It passes unanimously.
6 May 12, 1998
NOTE FOR THE RECORD: ON CONSENSUS OF THE
CITY COMMISSION, IT WAS DETERMINED THAT ANY
CONSENT AGENDA ITEM WHICH IS PULLED BY A
GIVEN COMMISSIONER FROM THE CONSENT AGENDA
FOR FURTHER DISCUSSION AND/OR CLARIFICATION
WILL BE AUTOMATICALLY DEFERRED AND
SCHEDULED AS A REGULAR ITEM ON THE NEXT
AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER
PLUMMER AND SECONDED BY COMMISSIONER GORT,
THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
4.1 ACCEPT DONATION OF COMPUTEREQUIPMENT — FROM UNITED STATES
DEPARTMENT OF PROBATION —'FOR POLICE.
RESOLUTION NO.98-452
A RESOLUTION ACCEPTING THE DONATION OF
COMPUTER EQUIPMENT, WITH AN APPROXIMATE
VALUE OF $7180, FROM THE UNITED STATES
DEPARTMENT OF PROBATION; SAID COMPUTER
EQUIPMENT WILL BE USED BY THE CITY OF MIAMI
POLICE DEPARTMENT'S POLICE ATHLETIC LEAGUE;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO ACCEPT SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
7 May 12, 1998
4.2 ACCEPT BID: COUNTRY CLUB KENNEL- FOR CANINE FOOD — FOR POLICE
ALLOCATE $12,529. FROM ACCOUNT 001000.290291.6.710.
RESOLUTION NO.98-453
A RESOLUTION ACCEPTING THE BID OF COUNTRY
CLUB KENNEL, FOR THE FURNISHING OF CANINE
FOOD TO THE DEPARTMENT OF POLICE, ON AN AS -
NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE
(1) YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS ; AT A TOTAL
PROPOSED ANNUAL COST NOT TO EXCEED $12,529.00;
ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.710; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR SAID ACQUISITIONS
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
4.3 ACCEPT DONATION OF TWO BUSES" — FROM 'MIAMI-DARE COUNTY
TRANSIT AUTHORITY FOR POLICE.
RESOLUTION NO.98-454
A RESOLUTION ACCEPTING THE DONATION OF TWO
BUSES, SERIAL NUMBERS 810301 AND 810348, WITH A
TOTAL ESTIMATED VALUE OF $1.00 EACH FROM THE
MIAMI-DADE COUNTY TRANSIT AUTHORITY; SAID
BUSES WILL BE USED BY THE MIAMI POLICE
DEPARTMENT AND MIAMI/MIAMI-DADE COUNTY FOR
THE WEED AND SEED PROGRAM; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR ACCEPTANCE OF SAID VEHICLES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
8 May 12, 1998
4.4 AUTHORIZE REIMBURSEMENT OF GENERAL FUND MONIES TO CITY
RECOVERY PLAN - FROM LAW ENFORCEMENT TRUST FUND, PROJECTS 690002!
AND 690003
RESOLUTION NO.98-455
A RESOLUTION AUTHORIZING THE REIMBURSEMENT
OF GENERAL FUND MONIES TO THE CITY OF MIAMI
RECOVERY PLAN, IN AN AMOUNT NOT TO EXCEED
$400,000.00, FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NUMBERS 690002 AND 690003 SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE
CHIEF OF POLICE AS COMPLYING WITH THE
DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING."
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
4.5 APPROVE PROCUREMENT OF UNIFORM 'RENTAL FROM ARAMARK'.
UNIFORM SERVICES, INC. - FOR GENERAL SERVICES ADMINISTRATION -'
ALLOCATE $12,060.00 FROM LIGHT FLEET MANAGEMENT 'ACCOUNT CODE'
503001.420905.075 '($10,060.00) AND FROM HEAVY FLEET MANAGEMENT ACCOUNT
CODE i 509000.420901.075', ($2,000.00).
RESOLUTION NO.98-456
A RESOLUTION APPROVING THE PROCUREMENT OF
UNIFORM RENTAL WITH LAUNDRY SERVICE FROM
ARAMARK UNIFORM SERVICES, INC., UNDER
EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5355-
3/02-OTR, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, ON AN AS -NEEDED,
CONTRACT BASIS UNTIL MAY 31, 1999, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL
AMOUNT OF $12,060.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, LIGHT FLEET
MANAGEMENT, ACCOUNT CODE NO. 503001.420905
($10,060.00), AND HEAVY FLEET MANAGEMENT,
ACCOUNT CODE NO. 509000.420901.075 ($2,000.00);
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR SAID SERVICES
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
9 May 12, 1998
RESOLUTION NO.98-457
A RESOLUTION APPROVING THE LEASING OF PAGERS
FOR CITYWIDE USE FROM PAGING NETWORK OF
ORLANDO, INC., UNDER MIAMI-DADE COUNTY
CONTRACT NO. 5338-2/99-1, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, ON AN AS -
NEEDED, WHEN -NEEDED CONTRACT BASIS FOR SIX
MONTHS, WITH THE OPTION TO EXTEND UNTIL DUNE
30, 1999, AT A TOTAL PROPOSED ANNUAL AMOUNT OF
$12,000.00; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, COMMUNICATIONS DIVISION,
ACCOUNT CODE NO. 506000.420601.670; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
4.7 ACCEPT BID:GENERAL CAULKING &c COATING CO. INC. — FOR VIRRICK PARK
- FOR PARKS AND RECREATION -- ALLOCATE $30,000.00 FROM CP PROJECT
331316, VIRRICK PARK RENOVATIONS, ACCOUNT CODE 589301-860.
RESOLUTION NO.98-458
A RESOLUTION ACCEPTING THE BID OF GENERAL
CAULKING & COATING CO., INC., FOR SHELTER
RENOVATIONS AT VIRRICK PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION, IN A
TOTAL PROPOSED AMOUNT NOT TO EXCEED
$30,000.00; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 331316,
"VIRRICK PARK RENOVATIONS", ACCOUNT CODE NO.
589301-860; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID RENOVATION
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
10 May 12, 1998
4.8 ACCEPT BID: BANNERMAN LANDSCAPING, INC. — FOR CONCRETE
WALKWAY AT MERRIE'CHRISTMAS PARK - FOR PARKS AND RECREATION -
ALLOCATE $6,000.00 FROM CIP PROJECT 331379, ACCOUNT CODE 589301-860.
RESOLUTION NO.98-459
A RESOLUTION ACCEPTING THE BID OF BANNERMAN
LANDSCAPING, INC., FOR THE FURNISHING AND
INSTALLATION OF A 500 LINEAR FOOT CONCRETE
WALKWAY AT MERRIE CHRISTMAS PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION, AT A
TOTAL COST OF $6,000.00; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 331379, "MERRIE CHRISTMAS PARK
RENOVATIONS", ACCOUNT CODE NO. 589301-860;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
4.9 AUTHORIZE AGREEMENT UNDER FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM - FOR WATSON ISLAND PUBLIC BOAT (RAMP
REPLACEMENT PROJECT.
RESOLUTION NO.98-460
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED
RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA
INLAND NAVIGATION DISTRICT WATERWAYS
ASSISTANCE PROGRAM ("PROGRAM"), IN AN AMOUNT
OF $142,000.00 FOR THE WATSON ISLAND PUBLIC BOAT
RAMP REPLACEMENT PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
11 May 12, 1998
4.10 AUTHORIZE FUNDING FOR SPONSORSHIP OF NATIONAL BLACK POLICE
ASSOCIATION SOUTHERN REGION'; ANNUAL TRAINING CONFERENCE i(May 13-17
1998) — ALLOCATE $5,000.00 FROM LAW ENFORCEMENT TRUST FUND PROJECTS
690001, 690002, 690003.
RESOLUTION NO.98-461
A RESOLUTION AUTHORIZING FUNDING FOR THE
SPONSORSHIP OF THE NATIONAL BLACK POLICE
ASSOCIATION SOUTHERN REGION ANNUAL TRAINING
CONFERENCE, TO BE HELD IN MIAMI, MAY 13-17, 1998,
IN THE AMOUNT OF $5,000; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NOS. 690001, 690002, 690003, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING", AND FLORIDA STATE
STATUTES, SECTION 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
[NOTE FOR THE RECORD: AT THIS POINT, 10:14 A.M.,
COMMISSIONER HERNANDEZ ENTERED THE
COMMISSION CHAMBERS.]
12 May 12, 1998
Mayor Carollo: We are now on Item number two, Public Hearings.
Commissioner Regalado: Mr. Mayor, before we go into the regular agenda, I would like to pull
item nine, first reading ordinance for next ... leave it for next meeting.
Vice Chairman Plummer: Are you speaking regular nine?
Commissioner Regalado: Yeah, regular nine.
Vice Chairman Plummer: Okay.
Mayor Carollo: Commissioner Regalado wants to pull item nine.
Vice Chairman Plummer: I wish, Mr. Mayor, to pull item five.
Mayor Carollo: Commissioner Plummer is requesting to move ... to pull item five.
Vice Chairman Plummer: Item five. And, Mr. Mayor, for the record, on item five, what I'm
looking for is much more backup material in comparison to other cities. Thirty-seven years is a
long time for a contract. We have ... I don't have any records as to what revenues are produced or
things. I need more information and so I would defer it over. So 1, at this time, will, for the
record, move to defer Item 5 and 9 of the regular agenda.
Mayor Carollo: There's a motion.
13 May 12, 1998
Commissioner Gort: So moved.
Commissioner Regalado: On item 5, we just do first reading and how it come back, Mr. Vice
Chairman, or...?
Vice Chairman Plummer: I would prefer to get the information, if necessary. If we get all of
whatever is necessary, we can do it on an emergency basis then.
Mayor Carollo: Well, they have it down as an emergency ordinance and from what I remember
reading in he agenda, the reason that it's not as an emergency ordinance is that FPL claims that if
this is not done today or by the 15th, then they cannot enter into agreements on the 15th and they
cannot enter into this contract with us. I ... I think Commissioner Plummer has brought some
legitimate questions about this. These are the kind of items that, frankly, the Administration has
a very brave responsibility of presenting this body with sufficient financials. When we're
entering into a 37-year non-exclusive franchise for the construction operation of maintenance of
an energy efficient distribution system in a public right-of-way, that it means that they're going
to be the only ones that are going to be able to provide this thing, the City's right-of-way by then,
basically.
Mr. Jose Garcia -Pedrosa (City Manager): So not exclusive...
Commissioner Regalado: Well, not exclusive but...
Vice Chairman Plummer: We'll understand that.
Mayor Carollo: What we're also saying here in the non-exclusive... let me go to item 5 and bring
up the question that I had here. Thank you. It says...
Vice Chairman Plummer: Mr. Mayor, that was the very reason that I asked that it be deferred.
It's just not enough information here.
Mayor Carollo: Well, I realize that but there ... there is a couple of things here that we want to go
into but the bottom line is that all that we've been given here is basically the terms of what has
been offered to the City by FPL. This might be excellent. It might not be. We have no idea how
good or not good this is. We have not been given any comparisons to other cities across the state
of the country. We have not even been given any information if there are others that can compete
for this kind of franchise and this is not the way of doing business. And then, on top of that,
we're told that if we don't approve this today, we would lose revenue to the City. Now ... you
know, how can this body make an intelligent decision if we don't have any information
whatsoever? You know, basically, we're just given an amount and told that take it or leave it
today. It might be a great deal for the City. But, then again, in the long run, maybe even the
short run in the next few years, it might not be. Mr. Manager, can you explain to the Commission
what work was done by your staff to confirm just how good this proposal might be or might not
be?
Mr. Garcia -Pedrosa: I'll be glad to, Mr. Mayor. The matter of course in the City's own
code in the absence of any provision in the code for any payment whatsoever in connection with
this kind of activity. When we investigated why it is that tear up streets and sidewalks, all the
vendor has to do is pay us the permit fee, which is minimal. We learned that several years ago ... I
14 May 12, 1998
don't have the exact year ... there was a study done that charged a greater amount than simply the
permit fee for breaking up the streets and sidewalks in the case of the telecommunications
industry only. That study proposed that, for the first time, the City charged an amount in excess
of the permit fee for that particular activity. I don't know why but that matter was never acted
upon by the Commission. And, again, this is several years ago. We will then face the situation
of either charging for simply the permit fee, which was not an acceptable amount of revenue for
the activity in question, or finding some other means and that lead to a number of negotiations.
In the end, the rationale is that the City would not engage in this kind of activity for the term of
the franchise and, in connection with that, that the payments would be made. Our Public Works
Department and others have confirmed that there's been no plans ever contemplated for this kind
of activity to by the City. And ... so we simply undertook to find a negotiation, which we will be
compensated for on a current revenue basis under the rules of the Oversight Board for the first
four years and now a percentage ... a strict percentage basis thereafter. There's no bench warrant
within the City for this. There is no other time that this has been done. And frankly, the vendor
was unwilling to pay us for something which ... for which a permit fee is set forth in that goal,
which is the physical breakup and re -repair of the streets.
Mayor Carollo: Well, the reason is obvious. If they pay us, they open up Pandora's box to
themselves and the rest of the state, but you .... you still haven't answered, Mr. Manager, the most
important question. What comparisons have we done with other cities across the state or other
parts of the country to see if what they're offering is, indeed, a fair compensation to the City?
Mr. Garcia -Pedrosa: Well, we didn't ... we didn't have those comparative numbers so we did not
do that comparison. But I will tell you that the real choice...
Mayor Carollo: Yeah, but you said you didn't have them. Why? Because no one looked at any
other city to see if there's anything similar being done, which I'm sure there is?
Mr. Garcia -Pedrosa: For that reason and also for the reason that in this particular case,
grounded on the fact that there's no precedent for this and no provision for this in the City's code,
we're faced with a situation where the real payment for this was the basis, which is an
entirely different issue.
Mayor Carollo: Well, it...it...it is but as far as what we're going to be getting it is not. They
want to describe it in a different way and if this Commission were ... would be willing to accept a
different definition for the same amount of payment that we would be receiving for the public
right-of-way, that's fine. But, you know, what we're talking about is that frankly, there was no
research done by the administration in providing very critical information to this Commission to
know if this franchise that ... is contemplated to be entered here is a good business decision for the
City or not.
Mr. Garcia -Pedrosa: Well, there I disagree with you. If you're asking me if it was a comparison
made with other cities, which you've already asked me, the answer is no, for the reasons stated.
If you ask me did we look into the transaction to try to determine whether or not, from a financial
standpoint, within the transaction, this makes sense, the answer to that is yes.
Mayor Carollo: And how do you come to that decision, Mr. Manager, if you didn't compare to
anywhere else?
15 May 12, 1998
Mr. Garcia -Pedrosa: Pardon?
Mayor Carollo: How did you come to that conclusion?
Mr. Garcia -Pedrosa: By virtue of comparing and trying to determine the payments set forth in
the schedule that they gave us. Their representations to us that, basically, they should ... these will
break even payments. The amount of, in the early years, real property taxes...
Vice Chairman Plummer: They're telling you.
Mr. Garcia -Pedrosa: Well ... like we don't have ... we're not privy to a private corporation's...
Vice Chairman Plummer: Why not? They're asking us for 37-year franchise. Why aren't we
privy?
Mr. Garcia -Pedrosa: Because they are projecting 37 years worth of revenues.
Vice Chairman Plummer: You know, I don't need to take their word. Show me the books. Let
me look at the books. You know, there's nothing to compare it to. What about downtown
already? There's chilled water downtown by... that's operating down there. Did you compare it
to that?
Mr. Garcia -Pedrosa: What they have done, Commissioner ... what they've done, Commissioner,
is to estimate the contracts that they think they may be able to obtain in the future. It's fairly
speculative on their part. They're saying, our margins are such that if we give you a one
participation, these are the numbers and we try to analyze that.
Commissioner Regalado: Mr. Mayor?
Vice Chairman Plummer: Well, when you come back, I'd also like to know who is the makeup
of FP&L energy services. I have nothing in my backup material telling me who they are.
Obviously, it's a diversion from a FP&L, the usual.
Mr. Garcia -Pedrosa: It is an affiliate.
Vice Chairman Plummer: Yeah, of course. You remember Landco? That was an affiliate that
went broke and I don't know that this one might not go broke because I don't know who they are.
But I think we're entitled, when we're talking about ... and I'm not sure, Mr. Manager, 1 want to
vote for 37 years. I don't know where that magical number came from.
Mr. Garcia -Pedrosa: That was a ... their contracts that they intend to enter into, they total for 30
years and they wanted a window in the next few years, within which to enter a 30...
Vice Chairman Plummer: That's what they want. We're voting and we'll decide what we think
is proper. At least, I think we will.
Commissioner Hernandez: Mr. Manager, would it have satisfied FP&L or could we have put this
on the agenda by way of a regular ordinance instead of an emergency and, therefore, pass it on
first reading and then negotiate it or see comparisons?
16 May 12, 1998
Mr. Garcia -Pedrosa: This was on the agenda for the last meeting and it was deferred because
we had not ... they wanted to expand ... or did expand the area that you see in the chart. By doing
so, we're running up to the May 15th meeting ... date or deadline, which, as I understand it, is their
deadline with the Miami Heat for the chilled water provision for that facility.
Commissioner Hernandez: And could they have been given an exten... could they have extended
that time period, that deadline? What I'm thinking of is ... and I'm sorry. I was not here to hear
Commissioner Plummer's reasons for withdrawing the item. But I was thinking if we would
have put it as a regular ordinance, pass it on first reading, gotten the comparisons, the numbers
from other cities and what have you, and maybe negotiate something with the Heat, not us but
FP&L to give... basically, pass ... extend the deadline period in order to give us an opportunity to
go on second reading and discuss it.
Mr. Garcia -Pedrosa: It's my understanding that we're looking at that possibility now, to try to
get the Heat to extend the deadline.
Mayor Carollo: Now, that...
Vice Chairman Plummer: I have a motion on the floor, Mr. Mayor.
Mayor Carollo: There is a motion on the floor for two items...
Vice Chairman Plummer: Five and nine.
Mayor Carollo: Yeah. Unless the Commission wants to separate them.
Commissioner Regalado: No, I haven't
Mayor Carollo: But before I acknowledge you, Commissioner Regalado, if I may ask the City
Attorney something... and this is what I was trying to get to before. While this is a non-exclusive
franchise agreement, we do have a non -competition clause here by the City. To the City
Attorney, how would this no -compete clause affect the City in other matters that, we taking the
position that they are non -binding? If they're non -binding, why are we...
Mr. Alejandro Vilarello (City Attorney): The ... we have looked at that in connection with the
pending litigation that we have concerning a non -compete provision. And although our position
with regard to that matter still stands, that that provision is non -binding. We don't believe that
this would have a negative impact on that litigation. This ... the way this non -compete provision is
structured, it boils it down to a business decision as to whether or not the City Commission
wishes to enter into this agreement. It may legally do so.
Mayor Carollo: All right. Commissioner Regalado.
Commissioner Regalado: Yeah. I have a simple question maybe for the Manager or the City
Attorney. Suppose that we don't approve this emergency ordinance. Suppose that in three or
four months either FPL or other company wants to do a similar work in the City of Miami, not
relating maybe to the Miami Heat. Because of the City charter, do they have to come to us and to
you to negotiate terms or according to the City charter, they just pay you the fee to break the
17 May 12, 1998
street, install and repair. What I'm saying is, in the future, if we don't approve this deal, what
would be the precedent, the legal precedent?
Mr. Vilarello: That issue is one that utility systems and cities are currently arguing. It's my
position that in order for them to use our right-of-way, they would need to get our consent to use
the right-of-way. The manager speaks with regard to a permitting process for accessing the right-
of-way and breaking the sidewalks and repairing the sidewalks. If they intend to use our right-of-
way, I believe that the City Commission has the right to regulate their use of the right-of-way.
Vice Chairman Plummer: No different is it than what we do now withFPL with a string in their
polls and their lines. I mean, what's the difference? It's a public right -of-way. Am I right or am
I wrong?
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Yeah, go ahead, Commissioner Gort.
Vice Chairman Plummer: As such, we're entitled to a franchise fee.
Commissioner Gort: Look, J.L. asked to defer this. As a courtesy, every time any one of us ask
for a deferment , we guarantee it, we say it. I have a couple of questions I'd like to see come
back. I think this can come back on the 26th.
Vice Chairman Plummer: Sure.
Commissioner Gort: We can pass it as an emergency ordinance. I'd like ... a couple of questions
to have. I'm very ignorant about the tower, where would this be; how long should this facility to
be; where specific would it be built into? This information, I would like to get it.
Vice Chairman Plummer: And also if it could be split up. Because I noticed now that there are
three different areas, you know, where this supposedly emergency basis is on the American
Airlines Arena. You know, that we can grant one without the other or we can grant all three. It's
up to the option of the Commission.
Ms. Mikki Canton: Mr. Mayor, if I may address the Commission to answer some of the
questions that you brought up on the issue of the ... whether the deadline is something that is set in
stone. Because there are questions that have been raised and we were not part of the
negotiation... I'm sorry. For the record, Mikki Canton, with the law firm ofHoland and Knight on
behalf of FPL services to -date before the Commission, City of Miami. We were not involved in
the negotiation of the agreement but since there have been questions raised, we have worked
with the Miami Heat to obtain an extension of that May 15th. They agreed to it. You know, it
was not what they wanted but they agreed to it because we want to make sure that we work in
good faith with all of you and answer your questions. The concern that we would have would be
that since there is no longer a need for an emergency, an emergency ordinance requires, you
know, if certain votes, etcetera, of the Commission... if we could prevail on you to ... just to
approve this on first reading and we will still work out all those issues, but procedurally it's just a
lot easier for us to come back to you on May 26th strictly for procedural reasons before the
Commission. We would still do everything that you would like us to do in addressing the issues.
18 May 12, 1998
Mayor Carollo: Will the maker of the motion...
Vice Chairman Plummer: Mr. Mayor, I asked for it to be deferred. My position is still the same.
I want to hold them under the gun.
Mayor Carollo: All right. Frankly, Miss. Canton, if need be, this could be brought back without
any problems on...
Vice Chairman Plummer: Absolutely.
Mayor Carollo: ... an emergency ordinance. Again, I really don't see that as a problem.
Ms. Canton: That's the only concern, Mayor, that we would not be able to bring it back and have
you vote on it at the date that we would need.
Mayor Carollo: And I appreciate your input here and I...
Ms. Canton: Thank you.
Mayor Carollo: I would greatly appreciate if your people would work with our administration...
Ms. Canton: We will.
Mayor Carollo: ... to make it easier for them, so they won't have to pick up the phone and call any
city or look through the Internet or something...
Ms. Canton: Okay.
Mayor Carollo: ... and get comparisons from other cities in the state and across the country of
what they're getting paid. We have no idea if this is a great deal for the City or if it's not. We
haven't been given the tools to ascertain that decision but I do know this, I don't think that you,
nor the Manager, would make a decision like this for 37 years based on what we've been given
here.
Ms. Canton: We understand that, Mayor, and we will work with you individually to make sure
all your concerns are addressed. And the principal representatives are here. And, for the record,
I just wanted to present to you Mr. Ed Cancio, who is here. He had a bad day yesterday. He was
a little worried. His ... he has a new baby daughter.
Mayor Carollo: Congratulations.
Ms. Canton: His wife went into premature labor so she couldn't come ... he couldn't come and
speak with you as he would have liked.
Vice Chairman Plummer: Why is that a bad day?
Ms. Canton: Well, it was ... it was premature and, as a dad ... you know how it is, Commissioner
Plummer. You kind of wait around and see what happens.
19 May 12, 1998
Mayor Carollo: It's been so long for him, he doesn't remember but...
Ms. Canton: But that is Mr. Cancio. We just wanted to present him to you so you know who
you're dealing with, who the faces are, and who you can call when you need FPL to be there for
you.
Mayor Carollo: Well, we appreciate it
Vice Chairman Plummer: Been doing that for a long time.
Mayor Carollo: Well, FPL has been helpful to the City. We appreciate your friendship and
cooperation, the past three years, in particularly, we had a need to get some advance franchise
fees, and we want to work with you, but we have a responsibility, first of all, to the citizens of
Miami and we have to work as a City business, just like it was our own business at home. So I
appreciate your being here today. Congratulations on your baby daughter.
Mr. Edward Cancio: Thank you.
Vice Chairman Plummer: Mr. Mayor, I ... once again though I do wish to have more background
or at least who FP&L Energy Service, Inc. is. Okay. Because... Okay. Well, I just want to make
sure because I have nothing. You can bring it back, sir, the next meeting... before the next
meeting. I don't want another... another Land Co.
Ms. Canton: Thank you.
Mayor Carollo: Thank you.
Vice Chairman Plummer: We'll have to buy another building.
Mayor Carollo: We're not going to take this up but there is someone else that the Clerk has
informed me that's here, that would like to speak on this issue. I will give you two minutes, sir,
because this will be taken up again later on. And I want to be fair, Commissioner. I don't want
anybody to get the perception that we're favoring FP&L over anyone else. That name that I was
given by the Clerk is Walter Chinn.
Mr. Walter Chinn: Absolutely. I'll be fair. It'll only take the two minutes. But since we're
introducing, five years ago I didn't have a job as well. I though I'd introduce myself as well this
morning. My name is Walter Chinn. I'm with the firm Bozik, Gibson & Associates. We're an
engineering, energy service company owned by Kiko Energy. Kiko Energy also owns Tampa
Electric Company and People's Gas, the gas provider here in this county. I applaud the deferral
today because I believe that there may be other options, other business entities out there, one
being my own, that would enjoy the opportunity to talk with the City about this as a possibility.
Florida Power & Light is a super company. I knew it personally for a good little while. It is a
different organization, other than FPL Services...
Vice Chairman Plummer: See, there is somebody else out there.
20 May 12, 1998
Mr. Chinn: ... who is making this offer. Our firm is very similar, in the fact we are both for profit
entities and it is owned by either a holding company or utility. I look forward to the opportunity
of talking to you, your staff, and the City staff. Thank you.
Mayor Carollo: Let me ask you a question. Have you been in touch with our City
Administration on this subject?
Mr. Chinn: No, sir. In fact, I just found out about this two days ago. I've been dealing with the
County and had assurances with the County that several of the projects in the submittal, number
one, in the airline terminal, also the Performing Arts Center are not to ... have not been discussed
as a part of the FPL Central Chiller Plant and it was assured by county staff that they are part of
their own self -generation, so I have not been following the City agenda. That certainly proves to
be my mistake so far, but it won't happen again.
Vice Chairman Plummer: You know, Mr. Mayor, he makes a very good point. And that point to
me is, Mr. Manager, you ought to immediately go on Cable 9 to see if there are other interested
companies out there who would like to make a presentation. I mean, here we were this morning
knowing that this was a one-time, one-shot, now, dot, drop dead or never, now we're hearing that
there's another company that might be interested. Who knows. There might be three or four
more other companies out there. If you go on Cable 9...I don't know that you could do
advertising quick enough before the 26th, but who knows. There might be other companies.
Mr. Chinn: I thank you very much for the time.
Mayor Carollo: Thank you for your time, sir, and your information. Mr. Manager, if you could
assign someone in your staff to ... I'll give you this gentlemen's card, that was given to me by the
Clerk ... of contacting him and giving him any opportunity that he so wish and we can provide.
Mr. Cancio: Thank you. Again, for the record, my name is Edward Cancio. I'm with FPL
Energy Services, Inc., which is a wholly owned subsidiary of FPL. The agreement that we did
have in front of you today, it was here for a good reason. Some of our customers like the
American Airlines Arena, our ... in the process of almost ... well, they're breaking ground. They're
well on their way. And they need to make a construction decision based on whether they put
their own chillers in their plant or whether they rely on us to bring a pipe. And that was really the
reason for the contractual obligation of May 15th. Luckily, they've been understanding.
They've given us a little more time. We love to work with you all. The one thing I'd like to say
is that our agreement with you all was non-exclusive. So you could have five, ten, as many other
companies as you'd like and in no way are you bound to just, you know, allow us to be in the
City. You can allow all of us to be in the City.
Vice Chairman Plummer: Will you favor the nation?
Mr. Cancio: I'm sorry, sir?
Vice Chairman Plummer: Will you favor the nation? If we get another company that offers
double what you're offering, will you make it the same?
Mr. Cancio: Well, sir...
21 May 12, 1998
Vice Chairman Plummer: I mean, the only way we're going to know is to get comparisons.
Mr. Cancio: Theoretically ... well, theoretically...
Vice Chairman Plummer: You put some numbers here, okay. We don't know what these
numbers really represent. Fourteen million over 37 years. Come on. I guarantee you, if you're
going to give this City fourteen million over 37 years, you're going to make three hundred and
seventy million dollars ($370,000,000.00) out of it. City's entitled to its portion.
Mr. Cancio: Well, sir, I you know, certainly we'd like to negotiate with you all in any way, shape
or form.
Mayor Carollo: I suggest that's what be best if you would do, if you would do that with the City
Administration before it comes back.
Commissioner Plummer: Absolutely.
Mayor Carollo: Thank you. I think we've got over...
Vice Chairman Plummer: Mr. Mayor, there's a motion on the floor and seconded.
Mayor Carollo: ... pretty much item four. Still under discussion, item four.
Vice Chairman Plummer: Joe, there's a motion on the floor that's been voted on. Five and nine
they defer.
Mayor Carollo: I understand that. It's actually five and nine. No further statements by any
member of the Commission on five now. On the other motion that's being deferred, on nine, I
need to go over a few things on this one before it comes back again because, apparently, from the
last meeting, I just wasn't understood. I was fairly specific in asking the administration what I
wanted to see on this one. Item nine has to do with additional dollars being spent by this City
Commission. It's asking this Commission to approve for a group of employees. At this point
and time, I don't know how many it really includes but I know that at least it's including two
Assistant City Managers, beyond what this Commission had approved in the resolution for the
City Attorney. And this time around it includes an unspecified amount of special assistants to the
manager. Now, what I had asked for the last time was to be given exactly the same thing that
we're asking for here, the way that the City should be run in a business like manner. Exact
numbers. If we're to be given total of 28 percent of additional contributions to the pension of
Assistant City Managers and other special assistants to the manager, we should know how much
it's going to cost the City on an annual basis. And the two Assistant City Managers alone is fifty-
five thousand plus, as I understand it, that's going to be our cost. Is that approximately correct,
Mr. Manager?
Mr. Garcia -Pedrosa: Yes. Those numbers were provided to you and placed on the record at the
last time when the matter was deferred.
Mayor Carollo: Mr. Manager, what I had asked for at the last ... and the only reason that it was
placed on the record was because I insisted it be placed on the record. I'm asking for it to be
included in this package that's given to the Commission so it can be clearly specified and no one
22 May 12, 1998
has any doubts as to what we're voting upon. I also would like to know on this category of
special assistants to you, since the way I interpret this to mean not just anyone that could have the
title of Special Assistant, but anyone that you so would designate as your special assistant to
specify what additional people you are including in this and what is the cost to the City of Miami.
So far I've identified fifty-five thousand plus dollars ($55,000), close to fifty-six thousand dollars
($56,000) that this is going to cost us. All that I'm asking is to have openness so that this
Commission would know what it is going to vote upon. And so that the public could know too
what business is being handled and approved by the City Commission.
Mr. Garcia -Pedrosa: If I may go back to your previous question, Mr. Mayor. The numbers that
you asked for the last time and were given both verbally and in a piece of paper that I handed
you, which you then also read, were the gross numbers. I did not take into account that but for
this mechanism in accordance with normal City practices, these employees would put away up to
10 percent of their own salaries and the City would contribute a percent. So I want to make clear
so that you are not mislead, that what you got and what you asked for the last time are that
fifty ... fifty-one thousand dollar ($51,000) number, whatever it was, was not taking into account
the fact that if the Commission doesn't do this, there is still a cost to the City...
Mayor Carollo: How many percent cost? An eight percent, correct?
Mr. Garcia -Pedrosa: Correct.
Mayor Carollo: See.
Mr. Garcia -Pedrosa: As to the matter of the Special Assistant, when this Commission approved
the five-year plan, originally the one that was in turn approved by the Oversight Board on
January the 14. That document included an organizational chart, which the then Commission
spent a fair amount of time discussing. And that organizational chart indicated that there would
be two Assistant City Managers and one Special Assistant to the City Manager.
Mayor Carollo: Mr. Manager, exactly for these reasons, is the reason that I'm asking to spell out
all additional costs to the City. We still have, just in two employees alone, an additional forty
thousand dollars ($40,000) that it's going to cost the City. Now, the way that this ordinance is
worded it doesn't specify whatsoever that there's only one special assistant, as you're saying. It
specified that it could be assistants. With an `s' in parenthesis after the special assistant, which
means that it could be more than one. And, again... I'm sorry if this is something that is
bothersome for you but...
Mr. Garcia -Pedrosa: It's not bothersome. It's just that you're incorrect, sir. The document in
front of you is a piece of legislation. It's a law. It's part of the City's charter code.
Mayor Carollo: I'm not incorrect, sir.
Mr. Garcia -Pedrosa: No, but...
Mayor Carollo: I only graduated from FIU (Florida International University): And maybe, you
know, I still need to learn a lot but I assure you, sir, that the way this ordinance will be passed,
you can go ahead or any future City Manager after you can go ahead and, without any further
23 May 12, 1998
Commission authorization, can go ahead and spend additional dollars, this City's dollars. Now,
you know, Mr. Manager, why is it that...
Mr. Garcia -Pedrosa: Don't ask for amount.
Mayor Carollo: Go ahead, sir.
Mr. Garcia -Pedrosa: That's not so, Mayor.
Mayor Carollo: Okay.
Mr. Garcia -Pedrosa: I can only do that by contradicting the five-year plan. I speak of having a
non -budgeted proposition.
Mayor Carollo: I'm sorry, Mr. Manager, but you know well that it could be done in many
different ways. All you have to do is to move dollars from one place to another, so long as that,
at the end of the year, we have a balanced budget. You know well that...
Mr. Garcia -Pedrosa: I ... I...
Mayor Carollo: But let me take it to you one step further, Mr. Manager, since I gather, for
whatever reason, Mr. Manager, you're always correct and you're never wrong. At least that's
been the experience I've had with you so far. But don't worry, I'll be very patient. Last
Thursday ... let me go back a little further. At the last Commission meeting, this Commission
expressed a philosophical opinion. At no time that any member of this Commission give you
any orders. This Commission nor this Mayor cannot give the City Manager any orders. This
body, like this Mayor, expressed a philosophical opinion that what had been taken away in the
most unprofessional manner that I've ever seen anything done in this City, the salary cuts of
approximately 20 of our top executives, solely for the reason that a former mayor wanted to live
in the make-believe world that he was going to be the highest paid executive in the city
government and then we were going to use smoke and mirrors to show the salaries and benefits
of others in the City of Miami to make ... and then to make it appear, for election purpose, that
look what we had done. We had cut the salaries of all these fat cats tremendously and this is how
we're balancing the budget. This Commission expressed its philosophical opinion that that was
wrong. That approximately a hundred and one thousand dollars ($101,000) that was cut from the
salaries of some twenty top executives to the City should be reinstated back. Again, that's your
decision to make, Mr. Manager. No one instructed you what to do because this Commission
cannot do that. Then Thursday of last week you expressed some opinions that were not too
flattering of this Mayor in one radio station and you made a statement that if you're being forced
to give the salary increases back, that you are going to have City employees making more money
than you are. Now, at the same time the statements were made in their program of how this was
a major savings to the City, of how we were cutting back on our budget through that action. The
truth is, Mr. Manager, that I really don't see how we could say that by cutting back the salary of
many employees for instance in some cases have 20 plus years in the City government, that have
been hard-working, loyal, dedicated employees. That at the end of the day the only savings is
about a hundred ... a hundred and one thousand dollars (101,000). That that is going to give the
perception that we're truly trying to cut back and then, at the same time, we're going to more or
less spend to a handful of employees maybe three quarters or more of what we're claiming that
we were saving on these salary cuts. They were done, as I stated, in the most unprofessional
24 May 12, 1998
manner of anything that I've ever seen done in city government, and all for the wrong reasons.
But having said that, Mr. Manager, I believe that before I came back to this position, you had
proffered to this body an amount... Commissioner Plummer, do you remember what it was? That
you were the one that wanted to know the full amount of the benefits and compensation package
for the Manager because you didn't want ... you didn't want salaries. You wanted it up front.
Vice Chairman Plummer: I asked the other day. What I said, Mr. Mayor, was that I didn't like
the idea of cutting salaries and putting in a fringe package where ... what I like is the bottom line.
If a man is worth a hundred and forty thousand dollar ($140,000) salary, then pay him that. If
he's not, then get rid of him. But what I said to ... many times over this table was, that I didn't like
the idea of ninety-six thousand dollars ($96,000) or ninety-seven thousand dollars ($97,000) and
then giving him a package of fifty or sixty thousand in benefits. What I said was, give him the
hundred and thirty, forty thousand dollars ($140,000) in salary, which he was entitled to and
make it very well known what is his fringe benefit. I mean, what ... what have we got to hide? I
mean, put it all on top of the table. Exactly what we did with the City Attorney. Now, there was
a discrepancy with the City Attorney in one particular area and that was in severance pay. But
basically we laid it up ... what was your salary, a hundred and twenty something?
Mr. Garcia -Pedrosa: A hundred and twenty-five thousand (125,000).
Vice Chairman Plummer: One twenty-five. And I had no problem with that. He's worth it. If
he's not worth it, then let's get rid of him.
Mayor Carollo: And I agreed with that the last week Commissioner. That things need to be put
up front and that's why I'm going to bring this to a head and ask to be placed in the next
commission meeting so we could do things exactly the way that you described it. Now, if I
remember back then, this Commission was told by the Manager ... and we could bring the minutes
back ... that his benefits package was worth a hundred and sixty-seven dollars ($167,000). On
April 20th, I was sent a memorandum by the Manager, of my request of him two days before,
that stated that "pursuant to your request, attached is a compensation analysis of the City
Attorney's and the City Manager's salaries of benefits." This package came to the amount that
this Commission had been previously given, a hundred and sixty-seven thousand. On the next
day, April 21 st, I was sent another memo by the Manager that says, "attached please find a
revised copy of the comparison between my salary and benefits and those of the City Attorney.
The revisions are the following: My sick leave time is 24 days, not 25 days. Two, the double
apostrophe clarifies that the sale back value of leave time is not included in the benefit values. I
believe that that's ... this clarification was made verbally to you by the City Attorney. It's obvious
that on the second memo the City Manager spoke to the City Attorney on my knowledge that
there was a clear value on the sale back on those dates, and it was I who brought it up to the City
Attorney's attention that we had not given a value, like is normally done on those items. Let me
go down the line so that there's no mistake and the Manager could argue these points and bring it
back to this body when we deal with this at the next commission meeting. The amount that the
Manager has expressed to me and to this body differs greatly. The total value that I have on the
City Manager's salary and benefits package, including the annual cash bonus of up to 25 percent
of salary, is twenty-four thousand dollars ($24, 000). And, obviously, if you're not expecting to
receive that, you don't put it in a package. Comes to two hundred and fifty-one thousand, seven
hundred and twenty dollars and twenty cents ($251,720.20). Let me go down the line and fill in
the blanks and Mr. Manager of what you didn't state to this Commission before, nor to me. The
salary is ninety-six thousand dollars (96,000), a salary that falls into the category that
25 May 12, 1998
Commissioner Plummer described. The leave time sale back value, which may be cashed in at
the end of the calendar year, for vacation time you have 25 days. And that has to be given a
value because it's worth that. Nine thousand two hundred and thirty-one dollars ($9,231.). The
sick time is 24 days a year. The cash value on that is eight thousand eight hundred and sixty-two
dollars ($8,862.). The personal leave is 18 days a year. Six thousand six hundred and forty-six
dollars ($6, 646.). Holidays is 11 days. I didn't assign any value to those holidays since I would
hope they're not cashed in at the end of the year, like he's allowed to under his resolution. It's a
total of 78 days total of leave time that the Manager has every year. Insurance, health insurance,
the numbers that I received are thirteen thousand thirty-five dollars ($13,035.). This is one item,
like the above that I read, that you didn't assign any dollar amounts to. The life whole insurance
policy is fifteen thousand dollars ($15,000). Disability insurance - as I was told. I don't know
how accurate this is based on 45 percent of your total salary of ninety-six thousand, is three
thousand dollars ($3,000). You're allowed to get up to 75 percent of total salary, so obviously if
more has been bought or will be bought, dependent on what insurance carrier will give you that,
it will be additional dollars. The complete executive physical,bi-annual, including the stress test,
I am told is a minimum of two thousand dollars ($2,000). Some say it's a lot more. The seller of
phone, three thousand six hundred dollars a year is the estimate ($3,600), based on three hundred
dollars ($300) approximately a month. The lease car and insurance... that's lease with the
insurance ... is ten thousand nine hundred and twenty-six dollars and twenty cents ($10,926.20).
You gas card is averaging a hundred dollars ($100) a month. Is twelve hundred dollars ($1200).
An expense allowance of eighteen thousand a year. Deferred compensation of eight thousand a
year. Your retirement, ICMA 401-A, is thirty-one thousand six hundred and eighty dollars
($31,680). The home phone, emergency phone and home fax line approximately five hundred
and forty dollars ($540). Home computer and home fax machine, the lap top computer, no value
that I give to it. No value was assigned to it. This has a sub -total value of two hundred and
twenty-seven thousand seven hundred and twenty dollars and twenty cents ($227,720.20). And
with the annual cash bonus, of up to 25 percent of salary, that's twenty-four thousand. The total
value of the City Manager salary and benefits is two hundred and fifty-one thousand seven
hundred and twenty dollars and twenty cents ($251,720.20). Mr. Manager, with all due respect,
there hasn't been a City Manager in the City's history that has received such a high amount of
salary and benefits. This is the highest of any. So when you go on radio to make a statement that
by you giving the same salaries that employees of this City, 20 of your top executives that have
worked many, many years very hard for the City ... that somehow you want to give the public the
impression that they're going to be earning more than you and that I'm a bad guy because I'm
going to stick up for hard working City employees. Even though it's your decision. Sir, I
suggest you look at this. And the only reason I'm bringing this up is because there is such a wide
gap ... a night and day gap from what you presented to this Commission, what you presented to
me, and from what has been calculated for me. And we need to have things up front. That's all
that I'm looking for, to have things up front. Commissioner Gort.
Commissioner Gort: Mr. Mayor, my understanding, when I first got in here, from the private
sector. When the Manager's budget was presented to us, I totaled a hundred and seventy-six
thousand dollars ($176,000) and it's on the record. We all brought it up with all the benefits.
Now, you bring in a good point in here, which I think we need to analyze. It's my understanding
in the past ... and this is something that we inherited... people here would not take sick days, would
not take vacations, would not take certain things. And when they retired, they were able to
collect all that money. I think, somehow, we need to look into those...
26 May 12, 1998
Mayor Carollo: See, but, Commissioner, in all due respect, what he has is different than what
any other manager has had. He gets to collect those dollars that he would not use at the end of
the year. He doesn't even have to wait until he retires. He gets to collect on them at the end of
the year.
Mr. Garcia -Pedrosa: I'd like to make a brief response, Mr. Mayor.
Mayor Carollo: Certainly, Mr. Manager.
Mr. Garcia -Pedrosa: Because in the next meeting... As you indicated, the amounts and analysis.
I think that the record ought to be clear that when you talk about salary cuts having been made in
an unprofessional manner ... of course, you weren't here when it happened. One of the budget
solutions that was presented to and approved by this Commission on March 1, 1998, included
those salary cuts that were carefully discussed. There was a whole day session devoted to those
budget solutions. This Commission approved them at that time. The motion that we're spending
three quarters or more back of that hundred and one thousand dollars ($101,000), first of all, is
mathematically incorrect ,as we have gone over in the numbers that I gave you. Secondly, it
ignores the fact that the item that is being deferred consist of two separate pieces, both of
whom ... both of which, I should say, were approved by the City Commission. There was a
schedule presented, I believe, by Commissioner Teele among several schedules. I believe that
one was schedule one, which was actually adopted by this Commission because certain benefits
were added or included to individual Commissioners. At the next commission meeting,
Commissioner Regalado moved to rescind that resolution and, therefore, those benefits did not go
into effect. But had that decision not taken place, you would have found that the inclusion of the
Assistant City Managers and the Special Assistant was something that the Commission
previously approved. Likewise, the 20 percent amount for the City Attorney was a decision that
this Commission made. I believe it was two meetings ago but it might have been at the last
meeting. So item number nine, in essence, combines in one document prior decisions made by
the City Commission in two different pieces. Now, apart from coming back, as I will, as you
requested, with a break -down of the ... of the salary and compensation and not harping on what
you and I talked privately but I guess you didn't accept it, but the question that was asked or the
answer that was given on the radio station was as to salaries. And it will be true that there be a
number of employees with a higher salary than mine. The reality of it is that when Commissioner
Gort and others, including the City Attorney, who made his own comparison of his propose at
that time package in mind, when those analysis were made, nobody thought to do what you've
just done. Nobody thought to say, well, we're going to assume that the City Manager will never
get sick a single day or take a single day's vacation. We're going to put a dollar value on all of
that. Nobody thought to do a comparison based on ... certainly wasn't in Commissioner Gort's
figures or in the City Attorney's figures ... of the value of things like the physical or the home fax
or some of these other items. I don't think even the car and insurance were given monetary
values. But all of those items, without exception, were known to and approved by this
Commission. And Mr. Mayor, I would think that you did not intend to give the public or the
Commissioners the perception that I received a City car, for example, or a gas card or anything
like that, without the specific knowledge by and approval by this City Commission. So I think
you did not intend to say that but, so that there's no question, those were all items that this
Commission had specifically approved. And as to the deferred compensation, the twenty-four
thousand dollars ($24,000) that you added at the end, that was part of that schedule one that I
mentioned, or maybe schedule two that Commissioner Teele presented to the Commission. I've
never received that. I don't know that I ever will receive that. That's under the Commission,
27 May 12, 1998
under the charter, has control, absolute control, sole control over my compensation. And,
frankly, if anything, when I go back and compare for my ... some of my benefits. For example,
Mr. Marquez was salaried at a hundred and thirty-nine thousand dollars ($139,000). He
received ... and your number was incorrect. There's a cap on the 401-A of thirty -thousand; your
figure was in excess of that. And he received that thirty thousand as well. So right off the bat,
Marquez had, without car, phone, insurance, sick leave, vacation, without anything, just on the
basis of the 401-A and salary, he was at one hundred and sixty-nine thousand dollars ($169,000).
Okay. Mr. Odio, before him, had a salary, I think, is in the neighborhood of a hundred and
nineteen or a hundred and twenty thousand, an extensive sell back benefits which I believe
brought it up substantially. He too had the car and the insurance and all the other items. So I
want to make sure that you don't leave ... which I don't think you intend to leave ... the impression
with anyone that either I have received something the Commission hasn't approved or with
respect to your last statement, that somehow what I have received, with the approval of this
Commission, is, in any way, greater than that which several of my predecessors have received.
Mayor Carollo: Sir...
Commissioner Regalado: Mr. Mayor?
Mayor Carollo: Commissioner, if I may, for a minute.
Commissioner Regalado: Sure.
Mayor Carollo: I'd like to finish clarifying some of the statements that the Manager made. First
of all, Mr. Manager, I'm going to go, not from the last statements that you made but from the
beginning of the statements that you made. And I very much stand by my statement, that the way
this was handled and frankly, it still has been dealt with ... has been done in an unprofessional
manner. Anytime that a City Manager approves and blesses those decisions and then cannot,
even himself, let employees that have worked many, many long years, loyally and dedicated to
this city, know that their salaries are being cut and why, I consider that, in my estimate...
Mr. Garcia -Pedrosa: You don't if that's what happened. You are wrong.
Mayor Carollo: Mr. Manager...
Mr. Garcia -Pedrosa: We did that as a rule. You weren't here, sir.
Mayor Carollo: Mr. Manager, I did not interrupt you, sir. I would greatly appreciate it if you
don't interrupt me. I didn't agree with some of the things that you made.
Mr. Garcia -Pedrosa: Please be factual, Mr. Mayor. You weren't here.
Mayor Carollo: I am being factual. But, see, the problem is that ... and this is what I am finding,
time and time with you, sir ... that there is only one opinion. That's yours. You're always right.
You're never wrong. It's your way or the highway. Sir, with me, I don't work for you. You
can't send me to the highway. You work for me.
Mr. Garcia -Pedrosa: Yes, sir. But when you have a factual statement and it has to be
acknowledged with the facts.
28 May 12, 1998
Mayor Carollo: And, sir ... you know...
Mr. Garcia -Pedrosa: I'm sure you wouldn't want me to...
Mayor Carollo: Well, that's your opinion, sir. You know, you've made some statements before
that were not factual. I didn't interrupt you and I'm going to deal with them now. So I would
appreciate if you could let me do the same, and then we could handle everything else at the next
commission meeting, as I've been asking you since day one, hours before I even got sworn in
again, that we needed to put up front what your real salary is, with the full amount of your real
benefits. When you stated that it is mathematically incorrect that the numbers that I gave of what
it's going to cost us for additional employees. I think that you confirm that for two Assistant City
Managers, it is approximately forty thousand dollars ($40,000) more. The ordinance that's being
passed talks about additional special assistants. If we have one more, approximately another
fifteen, sixteen thousand dollars more ($15, 16,000). Therefore, it would put it at over fifty
percent. If we have two more, it will put it at approximately three quarters of the amount of what
you claim you're saving on the other end, which is not going to make any difference at all in our
City's budget, the amount that you claim that you're saving on the other end. And the reason that
I brought this up was to show, frankly, the hypocrisy. And the game plan and the politics that a
Manager should not engage in going on radio.
Mr. Garcia -Pedrosa: I think that's unfair.
Mayor Carollo: Sir...
Mr. Garcia -Pedrosa: If we have this four or five, we will then need thousand dollars.
Mayor Carollo: Can I, again, ask you not to interrupt me.
Mr. Garcia -Pedrosa: Well, I would appreciate if you don't call me a hypocrite. That's not fair.
Mayor Carollo: Sir, I'm sorry if you... if you feel that way about it but...
Mr. Garcia -Pedrosa: I do feel that way. You need to treat me professionally as I treated you,
Mr. Mayor.
Mayor Carollo: I am treating you professionally.
Mr. Garcia -Pedrosa: And I don't accept the notion...
Mayor Carollo: Mr. Manager...
Mr. Garcia -Pedrosa: ...that if you need to add a Special Assistant here or there to make up
numbers, you do so but that's not what the five-year plan says.
Mayor Carollo: Mr. Manager, I...
Commissioner Gort: Excuse me.
29 May 12, 1998
Mayor Carollo: I did not interrupt you. Commissioner Gort, please, let me finish. Now, again,
I'm sorry, Mr. Manager that you get upset...
Mr. Garcia -Pedrosa: No, you need to treat me respectfully. If you do that, I will not get upset.
Mayor Carollo: I am treating you respectfully, sir.
Mr. Garcia -Pedrosa: If you treat me disrespectfully, I will get upset.
Mayor Carollo: Mr. Manager.
Mr. Garcia -Pedrosa: I'm a professional and you need to treat me as such.
Mayor Carollo: The problem is, Mr. Manager, that since I have arrived to this City government,
you, sir, have treated me with the utmost disrespect in so many instances, from day one, and I've
taken it. I haven't done what you have, sir, done. Now, if I could again please ask you to let me
finish, like I let you finish, I would appreciate it. On the part on true salary, I think that even a
child in the elementary school level can go through this and see that ninety-six thousand dollars
($96,000) is not the true salary that you're being given. What I discussed with you, the
statements that you were making, that in salary you're going to be making less than others, I
expressed to you that that was a very erroneous and unjust statement. Because your package was
built based on smoke and mirrors. It did not reflect the true amount of compensation that you
were receiving. And then you went even further and you stated that including the whole benefits
package salary that you receive, that there would be others that would be making more than you.
You stated that to me in a meeting last week that we had. Again, Mr. Manager, you are never
wrong. It's only your point of view and only that. When you made a statement back then
nobody thought of assigning dollar values to some of these items. Mr. Manager, it's up to the
administration to provide that information to this body. How in the world can you think, for
instance, a dollar amount should not be given to family health insurance, which comes to thirteen
thousand thirty-five dollars ($13,035)? Do we pay that out of the air? That should not be
included as a benefit? Disability insurance that is worth at least three thousand more can go to
the 75 percent of salary, if you can get insurance for that. An executive physical that no one else
has had or has in the City, prior to you coming that's worth at least two thousand. That's worth
dollars. The cost of a cellular phone. That's worth money. The car lease, the insurance, the gas
card, we're talking about twelve thousand or more dollars ($12,000) here. That's worth money.
And I could go on and on and on into some other areas. I cannot believe that you truly do not
think that these items don't have any kind of value and that no one thought about putting a value
on them, when they always have been given a value in this city and in any other city. Your
statement, Mr. Manager, the Commission knew and approved of all these benefits and somehow
in your previous hat as an attorney, trying to challenge me like if I'm making a false statement.
Yes, Mr. Manager, the Commission ... I would imagine each of the Commission members read
what you had requested for salary and benefits. And it was approved. But the Commission was
never given the true, the real worth of this benefits package and salary. The statement was made
about a hundred and sixty-seven thousand dollars ($167,000). The Commission was not given
the real numbers. And that, Mr. Manager, is what I am trying to do is get to the bottom line of
the real numbers. As far as some of the other managers that you discussed about, none of them,
based on what I'm seeing here, had a package that yours is not worth more than. In the case of
Mr. Marquez, that you appear to have a certain appeal in bringing up his name every time. Mr.
Marquez was up front with this Commission, with everyone, in what his package was worth.
30 May 12, 1998
And that's why he was condemned by some of the same people, I'm sure, will appraise this
package. Mr. Manager, all that I want to do is have things up front and, frankly, sir, if you feel
that I am wrong for trying to run things in a business -like way for acting as the charter changed,
states that I should, as a Chief Executive Officer of this city, then frankly, I would suggest that,
sir, if you cannot work with me, I suggest you find another job. And I know that you're going to
smile again.
Mr. Garcia -Pedrosa: I'm not going to do that, Mr. Mayor.
Mayor Carollo: I know that you're going to smile again.
Mr. Garcia -Pedrosa: I'm going to do my job as I have been doing it.
Mayor Carollo: Because...
Mr. Garcia -Pedrosa: In working...
Mayor Carollo: As you stated to me at our meeting this week, in item nine, for instance, you had
the vote for it.
Mr. Garcia -Pedrosa: I didn't say that.
Mayor Carollo: And it might ... yes, you did. You told me you had the votes, sir.
Mr. Garcia -Pedrosa: I didn't say that. I said to you the Commission had approved the two
pieces that are included in the single document.
Mayor Carollo: That's not what you stated to me, sir. This is why ... because I know that you
have a bad memory already.
Mr. Garcia -Pedrosa: That's...
Mayor Carollo: That's why I have someone from my staff sit on every meeting that we have.
That's correct, sir. So that you can't then go out and say that I said something that I did not say.
So whatever it's worth to you, sir, this is how I feel. If you can't deal with it, then I suggest you
do what you need to, but I will tell you this much, that if you think that you're going to do
whatever you please and that I, as Mayor of this city, do not have a right to get to the truth and
get real numbers, because you will set the dogs of war loose against me and you will have the
votes to override me and that's the attitude that you have.
Mr. Garcia -Pedrosa: My attitude, Mr. Mayor, is that...
Mayor Carollo: You're going to see...
Mr. Garcia -Pedrosa: ...I'm here to do a job and I'm going to do my job professionally and part
of my job is to working with you, even though you continue to treat me with disrespect, which I
do not appreciate.
31 May 12, 1998
Mayor Carollo: Mr. Manager, why do you keep doing this? Why? I have come here with the
best intentions to work with you and, in every point, you try to undermine me, you try to attack
me, you try to discredit me. Why, Mr. Manager? Why?
Mayor Carollo: Can you just bring this up at the next meeting, like I've asked you? I would
greatly appreciate it. Thank you. Can we call the roll on this item, please?
Commissioner Regalado: Before ... Mr. Mayor, I would like, when this issue comes
back ... because I heard the figure for Mr. Marquez, a hundred and sixty-seven but I understand it
was more. This package for Mr. Odio was more, so we can ... we can bring the whole package of
Mr. Marquez and Mr. Odio had. So it would be public record and the people would...
Mayor Carollo: Both Mr. Marquez, Commissioner, Mr. Odio were more than a hundred and
sixty-seven thousand. Mr. Marquez, if you remember, because you were here, gave his amount
publicly but none of theirs was greater than this one combined with what I put in. Is there is
further discussion on this item before I call the roll?
Commissioner Gort: Yeah. I would also like to have a comparisons. How we're being affected.
Since this has been brought up, I think it's ... how it affects our budget. The decisions that we
make, where we allow the sick leaves and not used vacation to come back into dollars and
payments to the employees. I'd like to know the figure of all of them, if possible.
Mr. Garcia -Pedrosa: The figure was?
Commissioner Gort: The figures. The cost of the values of the vacations not taken, the value
of sick days not taken, and all the other ones.
Mayor Carollo: The only thing that I would like to again ask for publicly than I've asked for
privately, and that is to have the budget director be the one that goes over the numbers. At least
in what I was given to the best of my knowledge, he was not involved in that process. Okay. All
in favor of the motion that's been presented before us, signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Mayor: There are no nays.
32 May 12, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-462
A MOTION TO DEFER CONSIDERATION OF AGENDA
ITEM 5 (PROPOSED EMERGENCY ORDINANCE TO
APPROVE FRANCHISE AGREEMENT WITH FPL ENERGY
SERVICES, INC. TO GRANT NONEXCLUSIVE
FRANCHISE FOR ENERGY EFFICIENT DISTRIBUTION
SYSTEM TO DELIVER CHILLED WATER AND STEAM)
AND AGENDA ITEM 9 (PROPOSED FIRST READING
ORDINANCE TO AMEND CODE SECTION 40-250
REGARDING PENSION BENEFITS OF CERTAIN CITY
OFFICIALS AND EMPLOYEES) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MAY 26, 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
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mayor Carollo: There's nothing to address this body...
Mr. Mariano Cruz: No, no, Item four.
Mayor Carollo: Item four.
Mr. Cruz: Yeah.
Mayor Carollo: Okay. Now we're on item two. We're away from item four. We deferred item
five and item nine. We're now on item two.
Vice Chairman Plummer: Mr. Mayor, I'll move it. Again, I ... for the record, usually very
offended by a sole source but I guess in this particular case it might be the case, so I'll move item
two.
33 May 12, 1998
Commissioner Hernandez: I second it, Mr. Mayor.
Mayor Carollo: There's a motion. There's a second. Any further discussion from the
Commission? Mr. Goenaga, do you want to address yourself to item two?
Manuel Gonzalez-Goenaga: Yes. My name is Manuel Gonzalez-Goenaga. In order to solve the
problem that we're having here today, let us bring Martha Flores program to the City Hall. So
we speak only the truth...
Vice Chairman Plummer: Mr. Mayor, if you're going to listen to this...
Manuel Gonzalez-Goenaga: Because item two...
Mayor Carollo: Mr. Goenaga... Mr. Goenaga...
Vice Chairman Plummer: He's out of line.
Mayor Carollo: This has got nothing to do with the item at hand, sir.
Manuel Gonzalez-Goenaga: Item two is the law enforcement...
Mayor Carollo: Mr. Goenaga, you're out of order, sir. This has nothing to do with the item at
hand.
Manuel Gonzalez-Goenaga: The item is...
Mayor Carollo: If you want to address yourself to item two, then do that.
Manuel Gonzalez-Goenaga: Yes, exclusively to item two. Since I have not been provided, even
though I have been promised, with the Law Enforcement Trust Fund, I am asking one question:
Do the hundred thousand dollars ($100,000) that was stolen from the police safe many years
ago...
Mayor Carollo: Mr. Goenaga...
Manuel Gonzalez-Goenaga: How can...
Mayor Carollo: ...again, I guess you're out of order, Mr. Goenaga. I'm sorry.
Manuel Gonzalez-Goenaga: Well, it's a matter of record. I will ask for a personal appearance.
Vice Chairman Plummer: That's fine.
Mayor Carollo: On item two...
Vice Chairman Plummer: You might get it next year.
34 May 12, 1998
Mayor Carollo: Any additional questions from the members of the Commission? Hearing none,
all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's approved unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.98-463
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) 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; WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND APPROVING THE
ACQUISITION OF CRIME PREVENTION PUBLICATIONS FROM
CHANNING L. BETE COMPANY, INC., THE SOLE SOURCE
PROVIDER FOR THIS SERVICE, AT A PROPOSED COST OF
$21,000.00 FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NOS. 690001, 690002, AND 690003, SUCH
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED, AND THE U.S. DEPARTMENT
OF THE TREASURY'S, "GUIDE TO EQUITABLE SHARING," AND
SUBJECT TO APPLICABLE CITY CODE PROCUREMENT
PROCEDURES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
35 May 12, 1998
7. RATIFY / APPROVE / CONFIRM WAIVING BID REQUIREMENTS — ACCEPT
WRITTEN QUOTE FROM EDWIN M. GREENSWIMMING POOLS —:FOR REPAIRS
AT ATHALIE RANGE SWIMMING POOL - ,ALLOCATE $11,875.00 FROM PARKS
AND RECREATION ACCOUNT CODES 116002.588802.1.6 670 AND
00' 1000.5 803 01.6.6 70.
Commissioner Hernandez: I move item three.
Mayor Carollo: Item three...
Vice Chairman Plummer: On item three...
Mayor Carollo: It's been moved by Commissioner Hernandez.
Commissioner Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado.
Vice Chairman Plummer: ...I have only a question. Why wasn't this ... it says not practical to put
out the bidding. Why? I mean is it under a warranty, a guarantee? I thought anything we had to
go out to on a bidding above forty-five hundred dollars ($4500).
Mr. Alberto Ruder (Director, Parks Department): It's just because of the time frame. We found
the problems recently and, in order to open the pools, we did get three quotes and this was the
lowest one. This is a City of Miami vendor. That's the only reason.
Vice Chairman Plummer: Okay.
Commissioner Regalado: When are they opening the pools? It's June, right?
Mr. Ruder: Right.
Mayor Carollo: Okay. Any further questions on item three? All in favor signify by saying
"aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Reluctantly, aye.
Mayor Carollo: It passes unanimously.
36 May 12, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-464
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A
DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING THAT COMPETITIVE SEALED BIDDING PROCEDURES
ARE NOT PRACTICABLE FOR THE PROCUREMENT OF REPAIR
SERVICES AT THE ATHALIE RANGE SWIMMING POOL;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES AND ACCEPTING THE WRITTEN
QUOTE FROM EDWIN M. GREEN SWIMMING POOLS, THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AT A
TOTAL PROPOSED AMOUNT NOT TO EXCEED $11,875.00;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
PARKS AND RECREATION ACCOUNT CODE NOS.
116002.5802.1.6.670 AND 001000.580301.6.670; AUTHORIZNG THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID REPAIRS.
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mayor Carollo: Now we are on item four.
Vice Chairman Plummer: Mr. Mayor, I'll move item four, but then I have got to go into
discussion.
Mayor Carollo: Item four has been moved by Commissioner Plummer. Is there a second?
37 May 12, 1998
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez.
Vice Chairman Plummer: Mr. Mayor, on behalf of the district which I represent, in a meeting of
West Grove, the other night. For whatever reason, they have inquired as to why they feel they
have been short changed, that they have not received their fair share of the pie. And when you
look at the numbers right off the bat, there is a tendency to agree. The real big difference is, is in
the amount of money that was Public Works money for last year that is not up front this year.
Mr. Manager, they got seven hundred and forty-three thousand last year in West Grove. Now we
are talking about, they are going to get three sixty-five. I have to say on behalf, not just because I
represent them, that the amount of money this year, is no less than what it was last year. As a
matter of fact, it's a little increase. Not much, but a little increase. And, yet, the people of West
Grove are saying, hey, we got a little bit more money, but we are getting half of what we got
before. I think they raised a very, very fine point. Now, I don't know whether, Mr. Manager, in
your opinion, that in fact, other monies could be made available. And I would never ask you to
circumvent the process. As I look through here, there were a local development that got monies
that they are not getting this year. For economical development, they are getting no dollars
whatsoever. I see on St. Albans, it's been transferred over to the after school care. I can see that
in the Miami Behavioral Health Center, that basically took a little bit of a cut of one thousand
dollars ($1,000). The Boys' Club took a cut of one thousand dollars ($1,000). But Mr. Manager,
when you tell the people of the LDC (Local Development Corporation) in Coconut Grove that
they have no monies for economical development, and yet, they turn around and say to us, and
we say to them, we want you people to make some turnarounds. How do you do it without
dollars? Now, I know personally, and I am sure you are aware, that the LDC has some very
pressing problems right now. They are hopefully going to be internal problems. But, Mr.
Manager, through you to Community Development, I have got to say to you, I think it is totally
unfair for them not to have economic dollars. So I am going to ask you to speak to the issue,
because I went to their meeting and their concerns are real concerns. I think they must be
addressed.
Commissioner Gort: The...
Mr. Jose Garcia -Pedrosa (City Manager): Commissioner, the decrease...
Commissioner Gort: Go ahead.
Mr. Garcia -Pedrosa: ... in funding does have an explanation and a program that ... Let me ask
Gwen Warren to...
Commissioner Gort: Mr. Manager...
Mr. Garcia -Pedrosa: I am sorry.
Commissioner Gort: ...before you continue. I think it's been important. I have been asking this
for a long time. I think there are certain rules and regulations that we have to follow for the
allocation of funds. And I think the CDBG (Community Development Block Grant) funds that
are allocated according to population neighborhood needs. You know, and we stated before, if
38 May 12, 1998
we are going to go into the territorial, I mean, Allapattah which is one of the target areas, we
should receive "X" amount of money which it's not receiving. And I think it's important for the
public and everybody to understand that the funds are allocated according to the needs of the
different neighborhoods and there are certain criteria that are being followed. So it's important
when you talked about the allocation of funds, also where are the funds which should be
allocated so we can see the fairness in this whole process. And I think it's important for people
to understand. This is not easy sitting here for two days like we did, going through this whole
process for a whole day making the allocations, and let's face it, we are never going to please
everybody. There is no way when you have thirty million dollars ($30,000,000) and you have a
request for sixty million dollars ($60,000,000), you are going to have a lot of unhappy people.
Ms. Gwendolyn C. Warren (Director/Community Development Department): I think we might...
Commissioner Gort: And this is what we have got to go by. If we were to go by standards and
we go by the criteria, we will never have any problems.
Vice Chairman Plummer: Mr. Gort, I am not disagreeing with you, and I...
Mr. Warren: We have got an answer.
Vice Chairman Plummer:... adhered to that policy as close as possible. But when the people ask
the questions, I think it is... behooves me to come to this table and bring those questions to this
table. And I can't think for anything, yes, there are scenarios that are more deserving and in need
than West Grove in this community. But I do believe they are in need, and as such, is the reason
I bring the questions to the table.
Ms. Warren: Sir. The issue for the Coconut Grove LDC. They would receive their
administrative funding after the evaluation from the incentive funds that the Commission has set
aside. So they will come back with a recommendation after the performance evaluation which is
the policy of the Commission.
Vice Chairman Plummer: What is the potential amount of that?
Ms. Warren: Fifty thousand dollars ($50,000).
Vice Chairman Plummer: OK.
Ms. Warren OK. And that's based on them...
Vice Chairman Plummer: I would ask, Mr. Manager if I may? I would ask Gwen Warren to
come to the next West Grove Homeowners meeting...
Ms. Warren: Yes, sir.
Vice Chairman Plummer: ... which is the fourth Monday of the month. And I will let here stand
there with me as they hit me and put me against the wall...
Ms. Warren: Yes.
39 May 12, 1998
Vice Chairman Plummer: I will stand there with here and they will put us both to the wall.
Ms. Warren: That's a deal.
Vice Chairman Plummer: But I want her to be there, because she is the one that has got to
convince them that they are getting what they should be getting. They are not going to want to
hear that, but they got to hear it.
Ms Warren: OK.
Mr. Garcia -Pedrosa: And I'll be glad to go with you as long as you wish.
Vice Chairman Plummer: Then I don't know that I could hold both of you up, but I'll try.
Mayor Carollo: Well, any other members of the Commission would like to express themselves
on this item?
Vice Chairman Plummer: I moved it, Mr. Mayor.
Commissioner Gort: No, wait a minute.
Mayor Carollo: Well...
Vice Chairman Plummer: Oh, I am sorry.
Mayor Carollo: There is a motion...
Commissioner Gort: My understanding...
Mayor Carollo: Well, just for discussion purposes.
Commissioner Gort: OK.
Mayor Carollo: Motion by Commissioner Plummer, second by Commissioner Hernandez.
Discussion only. Go ahead.
Vice Chairman Plummer: Yep.
Commissioner Gort: My understanding, and correct me if I am wrong, that the... You have
taken some funds away from Miami Capital?
Ms. Warren: Yes, sir.
Commissioner Gort: We know, Miami Capital is one of the agencies that has really provided
assistance to a lot of the businesses in the area.
Ms. Warren: Absolutely. What we are doing is, recommending the reallocation of some funds
that were awarded to them three years ago, but have not been utilized.
40 May 12, 1998
Mr. Juan Del Cerro: Mister, Mr. Gort.
Mr. Warren: What the policy...
Mr. Del Cerro: If I may?
Commissioner Gort: Excuse me, you have got to wait.
Mr. Del Cerro: All right..
Commissioner Gort: Excuse me, you are out of order.
Mr. Del Cerro: Point of clarification.
Commissioner Gort: Excuse me, you are out of order. Go ahead.
Ms. Warren: We are recommending the reallocation of some prior year funds, three years funds
that have not currently been utilized. In our audit, one of the concerns that was raised is that we
use our program income funds prior to tapping into allocation funds. Currently, the
Commission... We are projecting approximately one million seven hundred thousand dollars
($1,700,000) of program income for this year. The funds would be used for the purposes of
loans allocation, and if in fact, as a result of activities or extra loans being generated with them,
there was additional need for monies, we would come back to this Commission and ask for
additional monies to be awarded. But, currently, we have monies sitting in a fund. We are
recommending it be reallocated and that we use the monies that are available.
Mayor Carollo: Approximately, if I remember from having read this item a few days ago, you
have approximately eight hundred thousand dollars ($800,000) from Miami Capital that they had
not used in past years?
Ms. Warren: Yes, sir.
Mayor Carollo: OK.
Ms Warren: I am trying to find my letter.
Mayor Carollo: OK.
Ms Warren: OK.
Vice Chairman Plummer: I guess the question then has to be, are any of those funds restricted?
Ms. Warren: Restricted in which way, sir?
Commissioner Gort: Allocations.
Vice Chairman Plummer: Are there reservations for allocations? Are there commitments made
for allocations?
41 May 12, 1998
Ms. Warren: Our understanding...
Vice Chairman Plummer: Are there any restrictions....
Mayor Carollo: Well...
Vice Chairman Plummer: ... on any of those funds? I don't know. I am asking.
Mayor Carollo: Commissioner, frankly, I mean, you know what the old story is. The minute
someone is going to take your funds, you are going to find reasons and ways, that you know, why
you need them to have spent them. The bottom line is, that the reason the administration went
into that pot was because those dollars had been sitting there for several years and they had not
been used.
Vice Chairman Plummer: Mr. Mayor, I fully understand, and I know how to do what is needed
when necessary. But what I am saying is, do they have signed contracts? You know, that's... to
me is a reservation. Signed contracts are not pie in the sky. If they have a signed contract and
there is an obligation of any kind, I think we have got to know that. Now, if it's unrestricted
funds and they want to go out and get contracts, that's a different story. But those that are there
that have any financial commitment that they have given a commitment or they have an
obligation, then I think we have got to know that also. And I don't know. I am just asking the
question.
Mayor Carollo: OK. Commissioner Regalado, are there any statements you would like to make?
Commissioner Regalado: Mr. Mayor, I don't have a problem with that.
Mayor Carollo: OK. Obviously, you are question was not answered on signed contracts.
Vice Chairman Plummer: Well, no. Mr. Del Cerro is here and he is the chairman, and you
know, all I am asking is a breakdown. If there is how much, eight hundred thousand?
Ms. Warren: Correct.
Vice Chairman Plummer: OK.
Mayor Carollo: Yeah, it's approximately that.
Vice Chairman Plummer: If there is eight hundred thousand there, then I would like to know or
see that there are any signed contracts, that there are definite commitments, not pie in the sky, not
maybe. Maybe, could be, no. Are there definite signed obligations and contracts that are existing
that a commitment has been given? That's what I need to know.
Ms. Warren: Again, the gentleman would be in a better position to answer. When we came up
with the figure, it's my understanding that there was three hundred thousand plus remaining in
the prior year accounts. Based on reports from Miami Capital, we are projecting another one
million seven to be collected in program income for program year 24. And again, staffs
recommendation would be that if they were in fact to use the approximate two million dollars
42 May 12, 1998
($2,000,000) we would then come back to this body and ask that additional funds be allocated to
that account. Based on prior years' experience, we are not anticipating that to be the fact.
Mayor Carollo: OK.
Ms. Warren: But I... In terms of, if there is some other obligations that we are not aware of, we
wouldn't know since this report.
Mayor Carollo: Juan, go ahead. It's been so long since I have seen you that I almost didn't
recognize you.
Mr. Del Cerro: Yes, sir. I know. Nice to see you. Nice to see you again. Thank you. My name
is Juan Del Cerro. I am the president and chairman of the board of Miami Capital Development.
The figures which you quote, the eight hundred thousand dollars ($800,000). It's true, that
money is available, but that money has been committed by us under contract with the City of
Miami. We will... We expect and we have advised you and Mr. Cerdan, we expect to exceed
these funds by approximately six hundred and seventy-one thousand dollars ($671,000) for all
communities. West Grove, Allapattah, Little Havana, Little Haiti. The entire City of Miami. So
we will more than likely spend these eight hundred thousand ($800,000) and change, plus
another six hundred thousand dollars ($600,000) before the end of our fiscal year, as you can see
in our letter dated May the 7th 1998.
Mayor Carollo: But do you have signed contracts now, Juan.
Mr. Del Cerro: We have a legal opinion from our attorneys that indicate to us that when we
represent to our clients the availability of funds, and they apply for those funds, those funds are
technically committed to them if the application is within the scope of our guidelines.
Mayor Carollo: You don't have any signed contracts. Thank you. Commissioner.
Mr. Del Cerro: Yeah, we have a signed commitment. We go to the merchants in the City of
Miami, in all these communities. We represent to them that these funds are available. They
apply for the money, and we tell them that we have the money, and the money is ours. It's still
there for us to lend.
Mayor Carollo: Well, I understand what you are saying. But why has this money been sitting
there and not used for several years?
Mr. Del Cerro: OK, we have had... We have had... It's not more than two years.
Mayor Carollo: Two years. Several. More... Two or more, several.
Mr. Del Cerro: Because the... If you understand the way Miami Capital Development works.
Miami Capital is a private, not -for -profit corporation. We are not a bank. The loans we make,
we make all in designated target areas in the City of Miami, and some years have been... We
have been aggressive in making loans, other years we haven't. We have guidelines to follow.
We just haven't had enough applicants up to now to take advantage of this much money. That's
basically the reason.
43 May 12, 1998
Mayor Carollo: What is the will of the Commission?
Vice Chairman Plummer: Well, what I would like to do, Mr. Mayor, is see anything that we have
as far as commitments are concerned. Other than the commitments the money ought to go back
into the pool, and the money should be used. And I would say to you at this particular point, that
of the so called two million dollars ($2,000,000) that any money that they can substantiate that
has a commitment, a financial obligation, that that be deleted from the two million. I mean, you
know, when you give your word, you give your word.
Mayor Carollo: Well, he stated... He stated here...
Vice Chairman Plummer: And if you have got a contract that's signed then, that's the name of
the game. That's the way I feel, Mr. Mayor.
Mayor Carollo: OK, so you are going back to your original statement that you want to see a
contract signed as a commitment? OK.
Vice Chairman Plummer: Absolutely. I mean, to me, you know Father Gibson used to say,
"black and white don't lie." OK.
Mayor Carollo: That's true. Those...
Vice Chairman Plummer: They might to lie to each other, but black and white don't lie.
Mayor Carollo: Those were his words, that's true.
Vice Chairman Plummer: That's right. And I am not going to use his other words. It got the
Mayor in trouble.
Mr. Cesar Phillips: Let me...
Vice Chairman Plummer: Ferre never got over it. Mr. Mayor....
Mr. Phillips: Let me...
Vice Chairman Plummer: ... I will move the issue and...
Mr. Phillips: Commissioner Plummer.
Vice Chairman Plummer: Excuse me.
Mr. Phillips: OK, let me make a comment here. We currently have six hundred and nineteen
thousand dollars ($619,000).
Vice Chairman Plummer: It would be nice for the record, your name.
Mr. Phillips: OK. Cesar Phillips, Executive Director of Miami Capital Development. We
currently have six hundred and nineteen thousand dollars ($619,000) in approved loans, OK. On
yesterday, we closed an additional one hundred and six thousand dollars ($106,000) in a loan in
44 May 12, 1998
the Allapattah area. Next week, going to committee, we will be taking approximately nine
hundred thousand dollars ($900,000) just in the City of Miami alone, OK. Now, the question that
you raised when you ask us, do we have signed contracts? Yes, when we approve a loan and we
send a commitment letter out to the applicant, they have a time frame on which... that they have
to sign that commitment letter, OK. If they don't sign it in that time frame, then of course, it will
expire. And basically, in pending loan applications, right now we have a total of two million
twenty-three thousand dollars ($2,023,000) in the City of Miami. Next week is our next loan
committee meeting. And that's a situation when you say you are going to take funds now, we
need to tell those people at this point that, you know, we have to send back your application
which we have already accepted.
Vice Chairman Plummer: Sir, again...
Mr. Phillips: Now, you raised a... You...
Vice Chairman Plummer: Let me try to make myself clear. I don't want you to have egg on
your face, or egg on mine. If there is a commitment, if there is a vested interest, if there is a
contract, we have to live up to that obligation. If there is no commitment, there is no contract,
there is no obligation, no vested right, we have no obligation. So, it's very, very clear. Any of
those that there is an obligation to commit is deducted in my opinion, from the amount of the two
million dollars ($2,000,000). Other than that, the rest of it would go over to the City.
Mr. Phillips: OK.
Mayor Carollo: Hearing no further statements from the members of the Commission,
Commissioner Hernandez...
Commissioner Hernandez: No, I have none.
Mayor Carollo: ... do you have a statement to make. Mariano, two minutes. You will be the last
speaker then. I don't see anyone else.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am about the only one that is
going to talk two minutes, but you talk plenty. And all of them talk plenty, the administration.
First, since this involves federal taxes, I worry about that. I don't pay that much in City taxes,
because I work for City, just a few days for the City to pay my taxes and fees to the City. But
here, as Mr. Gort said before, a lot of people don't know about everything you ever needed to
know about CDBGs. Twenty- for CA bar, 570. Do your homework before you come here. It
just takes one postage stamp or 800 call to get this. And I didn't have the backup material, but I
think you all are going to open a Pandora box with all these reallocations. Like I see here, again,
the fifteen thousand dollars ($15,000) going back to Allapattah when we were... Seventy-two
thousand dollars ($72,000) were allocated, and they were reallocated, you know, they were
reallocated to Southwest 8th Street, and now back there is a thing. And the only thing it takes is
a little letter or a little postcard, twenty cents ($0.20) to Mr. Andrew Cuomo. And you know
what they will do? They will send somebody from Washington, a federal employee. I happen to
be a federal employee, too. They don't care who is in Miami. They don't know anybody here.
They do their work and they go back to Washington. You know, you follow here the eligibility
things here, and I am going to read just a few things that are not eligible here. You got here the
General Government Expenses, it said that otherwise, it's specifically authorized in this sub-
45 May 12, 1998
paragraph, blah, blah, blah... 87. It's a lot of government expenses. And here you see lot
clearings, work for development facility. A lot of things like government expenses. Now,
Political Activity: CDBG funds shall not be used to finance the use of facilities or equipment for
political purposes or political payoffs. Who knows? Because you could hear... What is a my...
Micro Business Program Loan Program? That's an overlapping of things. I say this thing
because I don't work for the City of Miami, I have no political connection or anything. But here,
like Bayfront Park money going. When they going, they have an RFP (Request for Proposal) for
valet parking now in Bayfront Park. And whenever we get a festival in Bayfront Park...
Mayor Carollo: Mariano. Mariano, your time...
Mr. Cruz: ... we have to pay a lot of money there.
Mayor Carollo: Your time is up. Thank you.
Mr. Cruz: Well, you know.
Mayor Carollo: I appreciate it.
Mr. Cruz: That's up, but it's a matter of information. Very little time, but there is a lot of hanky-
panky going on here.
Mayor Carollo: Yeah. Let's see, ma'am are you part of Miami Capital?
Ms. Kathleen Gordon: No, I am not. I am part of Working Capital. I am rising to speak on
Microlending. My name is Kathleen Gordon. I live at 2901 South Bayshore Drive, and I am
president of Working Capital Florida. There are some money allotted in the CDBG allocation for
Microlending and I rise to speak on that. We are a non-profit, and we give loans to people
under ten thousand dollars ($10,000) to start businesses. Many of them are in the West Grove.
We started ten businesses there. We have started 400 businesses in the last two years and we
have a great track record, so I really want to advocate for the concept of Microlending because it
provides accountability and the interests from the loans throws off money to help defray
the cost of running the organization. We also do business training. Thank you.
Mayor Carollo: OK. Hearing no one else on this item. Jacques, are you going to address this
item?
Mr. Jacques Despinosse: I don't see why not. Jacques Despinosse.
Mayor Carollo: Go ahead, Jacques. Go ahead.
Mr. Despinose: Well, I don't see why J. L. is looking at me. All I need is a lousy three hundred
and fifty thousand dollars ($350,000). That's their money.
Vice Chairman Plummer: Oh, I thought it was something big.
Mr. Despinosse: That's all I need, you know, for the Little Haiti area from that microloan.
Where are you going, J.L.?
46 May 12, 1998
Mayor Carollo: Well.
Mr. Despinosse: Do I have the money or not? Everybody is laughing. No, on a serious note,
you know, and definitely in the Little Haiti area we have a Chamber of Commerce from not long
ago, and the purpose of it is to give the business opportunities. Things are not going great over
there. So whatever can be done to help us out, you know, to get some money to help the
business, to create job opportunities in the area, we will greatly appreciate it. So think about us.
Mayor Carollo: Jacques, can you contact the City Manager's Office and have a meeting with
whomever he will assign to meet with you unless he would like to meet with you and see what
creative ideas they could come up for the Little Haiti, Edison area? And then, get back to me and
see what we could do. Three hundred and fifty thousand, you know, we don't have that now.
But maybe we could start looking at doing some things that at least might start laying the
foundation for it.
Mr. Despinosse: All right. So, I will sit down the City Manager. He's.... smiling on his face, but
he's a little... I don't know. Jose, you think we can sit down together? We'll do that.
Mayor Carollo: All right, thank you, Jacques.
Mr. Despinosse: OK.
Mayor Carollo: Hearing no further discussion on this item, all in favor signify by saying "aye"
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.98-465
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
REALLOCATE $1,435,858 FROM AVAILABLE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM
CERTAIN CDBG-FUNDED PROJECTS AND PROGRAM INCOME
FOR THE PURPOSE OF FUNDING CDBG ELIGIBLE ACTIVITIES
AS SPECIFIED IN SECTION 3 OF THIS RESOLUTION; ALSO,
ALLOCATING $411,611 FROM THE IMPACT FEE TO
DOWNTOWN PARKS AND $388,389 FROM THE CDBG
CONTINGENCY FUND ALLOCATION AS THE IMPACT FEE
MATCH TO DOWNTOWN PARKS TO THE BAYFRONT PARK
IMPROVEMENTS PROJECT; FURTHER AUTHORIZING HTE CITY
MANAGER TO EXECUTE THE APPROPRIATE LEGAL
AGREEMENTS AND DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, IN CONNECTION WITH THE
DISBURSEMENT OF SAID FUNDING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
47 May 12, 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
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
Commissioner Gort: I have a question.
Mayor Carollo: It passes unanimously. Commissioner Gort, go ahead.
Commissioner Gort: I have a question of staff. Excuse me, Gwen.
Ms. Warren: Sir.
Commissioner Gort: Microloan Pilot Business Program. Is this the one that was targeted to the
Northwest 36th, 17th, 12th, and so on?
Ms. Warren: Yes, sir.
Commissioner Gort: OK. Thank you.
a. ADOPT SECOND READING ORDINANCE: AMEND CODE ESTABLISHINC
BROWN>~IELDS ADVISORY BOARD (BAB)
Mayor Carollo: O.K. We're now on Item Number 6. It's a Second Reading Ordinance.
Commissioner Gort: Move it.
Mayor Carollo: Moved by Commissioner Hernandez. Seconded by Commissioner Gort. Can
you read the ordinance, please. Call the roll, please.
Vice Chairman Plummer: Plummer votes yes.
Mayor Carollo: Plummer votes yes on Item 6.
48 May 12, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, THEREBY CREATING AND
ESTABLISHING THE BROWNFIELDS ADVISORY BOARD
(`BAB") AND SETTING FORTH AND/OR PROVIDING FOR:
PURPOSE, COMPISITION IOF MEMBERSHIP, TERMS OF OFFICE,
QUALIFICATIONS, DISQUALIFICATION, FILLING OF
VACANCIES, SUPPORT PERSONNEL, FINANCIAL DISCLOSURE,
FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE
PROCEDURES; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE: AND PROVIDING FOR INCLUSION IN THE CITY CODE.
Passed on its first reading, by title, at the meeting of April 14, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Hernandez, seconded by
Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11652.
The City Attorney read the ordinance into the public record and announced that
copies were available to the members of the City Commission and to the public.
Commissioner Hernandez: I move Item 7.
Mayor Carollo: Item 7 has been moved by Commissioner Hernandez.
Commissioner Gort: Second.
Mayor Carollo: Seconded by Commissioner Gort. Can you read the ordinance, please. Call the
roll.
49 May 12, 1998
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED: `BLUE RIBBON TASK FORCE" AND
APPROPRIATING $21,500 FOR THE OPERATION OF THE FUND,
CONSISTING OF A DONATION FROM THE BLUE RIBBON TASK
FORCE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
DONATION AND EXECUTE THE NECESSARY DOCUMENTS, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading, by title, at the meeting of April 14, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Hernandez, seconded by
Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11653
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.
Mayor Carollo: It passes unanimously.
Mayor Carollo: Item 8, Second Reading Ordinance. Moved by...
Commissioner Gort: Gort.
Mayor Carollo: Commissioner Gort.
Commissioner Hernandez: Second.
Mayor Carollo: Seconded by Commissioner Hernandez. Can you read the ordinance, please.
50 May 12, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 2-33(E) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REQUIRE
THAT ALL POCKET ITEMS WHICH HAVE A FISCAL IMPACT ON
THE CITY BE REVIEWED BY THE CITY MANAGER WHO SHALL
MAKE A WRITTEN RECOMMENDATION TO THE CITY
COMMISSION ON EACH SUCH ITEM PRIOR TO ITS
CONSIDERATION BY THE COMMISSION; 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 April 14, 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 Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11654
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.
Mayor Carollo: It passes unanimously. Mr. Manager, is Item Number 8 your initiative in this
ordinance?
Mr. Garcia -Pedrosa: No, sir. Commissioner Gort's.
Mayor Carollo: No. I was going to say it was a good initiative. I was going to compliment you
for it. I'll compliment Commissioner Gort then.
Mr. Garcia -Pedrosa: The item though that I had mentioned, Mayor ... and I don't know if there
was any interest on it but it seems to me that because of the fact that the Commission hears
pocket items at the end, if it's an emergency reason that you want to pass something, I think you
ought to give yourselves a little leeway on that.
Vice Chairman Plummer: We can always do it subject to your approval.
Mayor Carollo: Yeah, but...
51 May 12, 1998
Mr. Garcia -Pedrosa: Maybe that's the other way...
Mayor Carollo: But on this one here, it has to do with actual dollars and cents. It's good. Its...
Mr. Garcia -Pedrosa: Yeah, but the requirement of a writing, if you do it at the end of the
meeting, it won't give us a chance to give you a writing, unless you do it as Commissioner
Plummer, as subject to but...
Mayor Carollo: Maybe we could make that the first item in the agenda pocket items after we
come back from lunch every meeting. That gives more time. Or in the morning.
Commissioner Gort: Not only that, I think any pocket item that would have a fiscal impact
should probably be...be acknowledge for two or three days before the Commission meeting. So
that can be sent up to you.
Mayor Carollo: Okay. Nine...
Commissioner Gort: Move 10.
Commissioner Hernandez: Second.
Mayor Carollo: ...we pulled. We're on 10 on First Reading on Item 10. Moved by
Commissioner Hernandez. Second by Commissioner Gort. It's First Reading Ordinance. Is
there any discussion from the Commission on this? Hearing none, can the City Attorney read the
ordinance. Read the...
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11506, ADOPTED
DUNE 9TH , 1997, WHICH ESTABLISHED A SPECIAL REVENUE
FUND ENTITLED: "CALI CARTEL ENFORCEMENT," THEREBY
APPROPRIATING ADDITIONAL FUNDS FOR THE OPERATION
OF THE PROGRAM IN A TOTAL AMOUNT OF $115,555,
CONSISTING OF A GRANT FROM THE MONROE COUNTY
SHERIFF'S OFFICE; 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.
52 May 12, 1998
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was passed in
first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that
copies were available to the members of the City Commission and to the public.
Mayor Carollo: It passes unanimously.
Vice Chairman Plummer: Move 11.
Mayor Carollo: Eleven has been moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Can you read the ordinance or first reading?
Call the roll.
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY
DISABLED, 1998-1999;" APPROPRIATING FUNDS FOR ITS
OPERATION IN THE ESTIMATED TOTAL AMOUNT OF $317,818,
CONSISTING OF A GRANT ESTIMATED AT $20,956 FROM THE
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES, AND ANOTHER GRANT ESTIMATED AT $296,862
FROM THE STATE OF FLORIDA AGENCY FOR HEALTHCARE
ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
53 May 12, 1998
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was passed in
first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that
copies were available to the members of the City Commission and to the public.
Mayor Carollo: It passes unanimously.
14. AUTHORIZE CITY MANAGER TO ACCEPT GRANTS FROM THE STATE Of
yLORIDA TO FUND PROGRAMS FOR THE DEVELOPMENTALLYDISABLED fff FROM
DULY 1, 1998 THROUGH JEINE 3011999 — ADMNTSTERED BY PARTS ALIT;
RECREATION DEPARTMENT.
Mayor Carollo: Twelve is a companion item to 11. Moved by Commission Hernandez. Second
by...
Commissioner Gort: Second.
Mayor Carollo: ...Commissioner Gort. Call ... read the ordinance.
Mr. Foeman: It's a resolution.
Mayor Carollo: Resolution...
Mr. Maxwell: Resolution ... 12 is a resolution.
Mayor Carollo: It's a resolution. Call ... call the roll.
54 May 12, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-466
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT TWO GRANTS TO FUND PROGRAMS FOR THE
DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED
BY THE PARKS AND RECREATION DEPARTMENT THROUGH
ITS PROGRAMS FOR PERSONS WITH DISABILITIES DURING
THE PERIOD OF JULY 1, 1998 THROUGH JUNE 30, 1999 AS
FOLLOWS: (1) FROM THE STATE OF FLORIDA DEPARTMENT
OF CHILDREN AND FAMILIES, IN THE ESTIMATED AMOUNT
OF $20,956, AND (2) FROM THE STATE OF FLORIDA AGENCY
FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM
DEVELOPMENT, IN THE ESTIMATED AMOUNT OF $296,862;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR ACCEPTANCE AND
IMPLEMENTATION OF SAID GRANTS.
(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:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mayor Carollo: It passes unanimously.
Mayor Carollo: Item 13.
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Yes.
55 May 12, 1998
Commissioner Regalado: Item 13, I do not have enough information. I ... as a matter of fact, I
even attended one of the meeting of the Selection Committee, but I know that there was a
problem and that it was withdrawn but I...
Mayor Carollo: Was there a protest on this?
Commissioner Regalado: I need to ... I need to bring this back on the 26th.
Vice Chairman Plummer: Second.
Mayor Carollo: Okay. Item 13, there's a motion to defer it.
Commissioner Hernandez: Under discussion, Mr. Mayor. I just have an issue on this. I met ... I
read the report on the Selection Committee findings. There's an issue that's been brought up on
some monies that are grant monies from the state that by June 30th, I believe is the deadline, in
which the money must be expended and, if not, the City would lose these monies. I believe it's
50,000 and an extra 200,000. I wanted to see if that was the case. That's what I'd been told by
the...
Mayor Carollo: June 30th?
Ms. Diane Johnson: Yes, there is a fifty thousand dollar ($50,000.00) grant from the Department
of Community Affairs to the Coastal Management Program, which must be spent by June 30th_
There is a state grant of two hundred, as you mentioned, which we do have approximately 36
months to spend.
Mayor Carollo: Well, then, what I would suggest that this item be placed in the next available
agenda and that you put a ... clearly a clause in there that it has to be approved by June 30th.
Otherwise, we lose that grant. To remind everybody of it.
Ms. Johnson: An actual fact, the money must be spent by June 30th.
Mayor Carollo: Spent by June 30th. Then...
Commissioner Hernandez: Can it be spent by June 30th if it is not passed today, it's withdrawn
today? That's the question.
Ms. Johnson: We are attempting to look to other methods to perform the work required, perhaps
through another contract that may exist with another consultant so that we do not lose the money,
but at this point it's iffy at best whether we'll be able to accomplish.
Vice Chairman Plummer: Don't all you have to do is be under contract?
Ms. Johnson: No, we have to have the money spent. The work must be performed and
completed by June 30th.
Vice Chairman Plummer: Well, if Commissioner says he doesn't have enough information to
vote, then I think that ends it up right there, as far as I'm concerned. Mr. Manager, I again ... you
know, I continue to tell you the people in the private sector are not dumb. The people in the
56 May 12, 1998
private sector are usually very intelligent people who know the difference between profit and
loss. As I look over this Evaluation Committee, all of them in-house. None of them from the
private sector.
Commissioner Gort: Yeah, I think there were three.
Ms. Johnson: There was one.
Vice Chairman Plummer: Who?
Mayor Carollo: Only one.
Ms. Johnson: It was Fran...
Mayor Carollo: Yeah.
Ms. Johnson:... Bonzack from the Miami River Marine Group.
Mayor Carollo: And if you look at her evaluation, there are considerable differences from some
of our in-house people, but...
Vice Chairman Plummer: Well, Mr. Mayor, all I'm saying is that...
Mayor Carollo: You got a good point. You got a good point.
Vice Chairman Plummer: that an injection of the private sector who have somewhat of an idea of
how to do things should, in fact, be a part of...I'm not saying that they control the Committee but
I think their input into committees would be very valuable.
Mayor Carollo: Well, what I think that we should do is have a process where we choose "x"
amount of people from each category of the private sector and we use those names for, say, a
year's time or 18 months or two years' time, whatever is appropriate, and then we chose at
random, you know, names from each selective area.
Vice Chairman Plummer: I have no problem with that.
Mayor Carollo: this way there's no question that anyone is trying to stack a committee one way
or another. If we establish clear criteria of how to select individuals with expertise in that
particular area, then chose them and then we select at random.
Vice Chairman Plummer: As long as you can get people that are qualified in the field of the
discussion. That's...
Mayor Carollo: Well, that's exactly what we're saying.
Vice Chairman Plummer: That's, of course...
Ms. Johnson: Understood.
57 May 12, 1998
Mr. Alex Vilarello (City Manager): Mr. Mayor.
Mayor Carollo: Yes.
Mr. Vilarello: If I could address a point that was brushed on by Commissioner Regalado. There
was a protest in this matter by the second ranked proposer. They... they... that bid ... that protest
was dismissed as untimely. They did go to court requesting injunctive relief. That motion was
denied. So that currently... it's appropriate for you to consider this item if you wish.
Mayor Carollo: It's null and void then. All right. What is the will of this Commission?
Vice Chairman Plummer: My understanding, Commissioner Regalado asked that it be deferred.
Mayor Carollo: He's got ... he's got a motion.
Vice Chairman Plummer: That ends it.
Mayor Carollo: Second...
Vice Chairman Plummer: As far as I'm concerned.
Mayor Carollo: It's second by Commissioner Plummer.
Vice Chairman Plummer: Yes.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Hernandez: No.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-467
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 13
(PROPOSED APPROVAL OF FINDINGS OF SELECTION
COMMITTEE FOR RIVERSIDE RIVER FRONT REDEVELOPMENT
PROJECT'S PLANNING AND DESIGN SERVICES IN THE FIELDS
OF ENGINEERING AND LANDSCAPE ARCHITECTURE) FOR THE
NEXT COMMISSION MEETING PRESENTLY SCHEDULED FOR
MAY 26, 1998.
58 May 12, 1998
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Humberto Hernandez
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Gort: Question.
Mayor Carollo: There are three yes, one no. Commissioner Hernandez voted no. It passes.
Commissioner Gort: Question.
Mayor Carollo: Yes.
Commissioner Gort: My understanding, you stated, if you, by any chance, did not see that this
can be finished by June the 30th, you going to piggy back on the existing contract and get the
work done.
Ms. Johnson: I'm going to make every attempt now to see if we can piggy back on another
contract to accomplish this initial fifty thousand dollars ($50,000.00) worth of work.
16. ESTABLISH $15,000.00 CAP FOR USE FEE PAYABLE BY INTERFOREVER
SPORTS, INC. - FOR ORANGE BOWL USE FOR PROFESSIONAL SOCCER MATCH'
SCHEDULED FOR MAY 27,1998.
Mayor Carollo: O.K. We're now on Item 14.
Vice Chairman Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Seconded by Commissioner Gort. Any discussion? Hearing none, all in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no nays.
59 May 12, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-468
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING A
$15,000 CAP ON THE AMOUNT OF USE FEE PAYABLE BY
INTERFOREVER SPORTS, INC., TO THE CITY OF MIAMI FOR
THE USED OF THE ORANGE BOWL STADIUM FOR THE
PRESENTATION OF A PROFESSIONAL SOCCER MATCH
BETWEEN JAMAICA AND PERU ON MAY 27, 1998, SUBJECT TO
THE ORGANIZERS PAYING ALL APPLICABLE FEES, ALL
REQUIRED INSURANCE AND COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS, AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND INTERFOREVER SPORTS,
INC. FOR SAID PURPOSE.
(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:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
17. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH SHL LANDY
JACOBS -- FOR PROMOTIONAL EXAMINATIONSFOR CHIEF FIRE OFFICER AND FIRE'
CAPTAIN CLASSIFICATIONS - ALLOCATE' $150000.00 FROM FIRE -RESCUE'
ACCOUNT 001000 280601.6.270.
Mayor Carollo: Item Number 15.
Commissioner Regalado: Move it.
Vice Chairman Plummer: I'm going to second it. Mr. Mayor, I want it to be understood that I
think this is one heck of a lot of money. I realize it's a union -negotiated provision. A hundred
and fifty thousand dollars ($150,000) for testing that we used to do in-house. I guarantee you
smaller cities couldn't afford it. They wouldn't do it. And second of all, Mr. Mayor, somewhere
along the line ... and hopefully it's going to come up in this year's budget ... we've got to say we've
60 May 12, 1998
got too many chiefs and too few Indians. I don't know that we really need any more captains or
any more lieutenants in the fire department. Maybe we need to talk about better utilization in the
area of where we are. So that's all I'm saying. I'm voting for the issue. It's a negotiated item
with the fire department. I can't argue ... I can't argue the point. What I'm just saying is, that if
we're going to try to start saving some money around this city, that's the name of the game. Was
it moved? I'll move it. I mean, we have no choice. It's a negotiated provision.
Mayor Carollo: It's been moved by Commissioner Plummer. Second by Commissioner
Hernandez. Chief, would you like to address this item by any chance or ... you don't have to. If
you like to.
Vice Chairman Plummer: Quit while you're ahead.
Chief Carlos Gimenez (Fire Department): I think I'll do that.
Mayor Carollo: O.K. Angela?
Ms. Angela Bellamy (Director, Human Resources): No.
Mayor Carollo: You pass too. Anyone else?
Mr. Mariano Cruz: Me. Mariano Cruz, 1227 Northwest 27th... no. I was going to say the same
thing, but J.L. said it already and I believe the same thing.
Vice Chairman Plummer: That's scary.
Mr. Cruz: One other thing. I'd like to ask a question on the record. What happened? Used to
come here and get all the ... all the little papers. Miami Today. And now I don't see anything
there. Everything's clean. What happen. Tough decision because I don't see the paper there.
Mayor Carollo: That was before...
Mr. Cruz: That's infringing on the First Amendment of the Constitution.
Mayor Carollo: That was before I came back. In fact, you mentioned Miami Today. I had
expressed that, shortly after I came back, to Mr. Lewis that that was a very and is a very
informative newspaper that I used to find out a lot by reading it.
Vice Chairman Plummer: Which one?
Mr. Cruz: I used to get...
Mayor Carollo: Miami Today.
Mr. Cruz: ... the Grove paper, Miami Today, everything.
Vice Chairman Plummer: Oh, yeah.
Mayor Carollo: But...
61 May 12, 1998
Mr. Cruz: And now I don't see anything.
Mayor Carollo: That was a decision that was made before I came back, so I would send you to
the City Manager to address it there for you.
Mr. Cruz: I see ones outside the window, but the other ones inside, I think...
Mayor Carollo: But, anyway...
Commissioner Hernandez: Moved and seconded.
Mayor Carollo: It's been moved and second, 15. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no nays. Unanimously passes.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-469
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SHL LANDY JACOBS,
PURSUANT TO RESOLUTION NO. 98-18, TO PROVIDE
AND ADMINISTER THE PROMOTIONAL EXAMINATION
PROCESSES FOR THE CLASSIFICATIONS OF CHIEF FIRE
OFFICER AND FIRE CAPTAIN (TWO PROCESSES PER
CLASSIFICATION) FOR THE DEPARTMENT OF HUMAN
RESOURCES, ON A CONTRACT BASIS FOR AN INITIAL
TERM OF SIX (6) MONTHS WITH THE OPTION TO
EXTEND FOR THREE (3) ADDITIONAL SIX (6) MONTH
PERIODS, AT AN ESTIMATED COST NOT TO EXCEED
$150,000.00; ALLOCATING FUNDS THEREFOR FROM
THE GENERAL OPERATION BUDGET OF THE
DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO.
001000.280601.6.270; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THESE
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
62 May 12, 1998
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
18. AUTHORIZE SETTLEMENT: RONALD J. SAINTIL ($35,000.00), CASE 97-1183 CIV-
UNGARO-BENEGES.
Mayor Carollo: Sixteen.
Vice Chairman Plummer: I don't have any backup. What was this, Mr. City Attorney?
Mr. Alex Vilarello (City Attorney): This is a settlement of a ... the matter of Saintil versus City of
Miami in...
Vice Chairman Plummer: What was the matter? That's what I'm asking.
Mr. Vilarello: Pardon me?
Vice Chairman Plummer: What was the matter? Was it an accident?
Mr. Vilarello: No. It's a use of force, excessive use of force by our ... one of our police officers.
Vice Chairman Plummer: O.K.
Mr. Vilarello: And it does have my recommendation.
Vice Chairman Plummer: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: It's been moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
63 May 12, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-470
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY RONALD J. SAINTIL, THE SUM OF $35,000.00, WITHOUT
ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE
NO. 97-1183-CIV-UNGARO-BENEGES; ALLOCATING FUNDS
THEREFOR FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 515001.424401.6.652.
(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:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mayor Carollo: We're on Commission Discussion Items. We don't want to take 17 up now
because it's going to take longer than some 20 minutes.
Vice Chairman Plummer: Eighteen is basically the...
Mayor Carollo: Eighteen is one that I think we could take up. Would you like to take it up now,
Commissioner?
Commissioner Regalado: Sure. It will be brief and I guess, out of all of the members of this
Commission, most of the people of Miami, who have gone to Crandon Park, Key Biscayne, they
go by Marine Stadium and they see an eyesore there. Since August 24th, of 1992, when
Hurricane Andrew devastated South Florida this has been like that, so I went there the other day
and, apart from any discussion regarding a master plan or regarding any problems that the Village
of Key Biscayne or the City of Miami may have or may not have, we need to do something
64 May 12, 1998
immediately, like tomorrow, with the situation of the trash and the way that this areas look. So I
am proposing to this Commission and to the Administration a very simple thing that we could do
without legal problems, without spending a lot of money or none from the budget and this is to
open the parking lot to the north or I should say the west of the Marine Stadium to have during
the summer month of June, July, August, a marine flea market. Whatever the vendors will
pay ... and this is an immediate thing. It doesn't have to do anything at all with any master plans in
the future. Whatever we make from the vendors we can use to pay overtime to clean up that
whole area. I've talked to some of the street sweepers. They work from eight to four in the
afternoon. I will tell you, Mr. Manager, that these people are really hungry for work. And if we
can arrange, Mr. Pinon knows about this. If we can arrange for them to work overtime, maybe
during the weekdays, four to seven or four -thirty to seven -thirty... it's only ... it's daylight still ... this
time and pay them overtime, I'm sure that they will be willing to work. And what we can do is
just have that area clean. It's really a shame for the City of Miami to have one of the most
beautiful pieces of land in that situation and I would think that if we invite some vendors for a
marine flea market, which will be the appropriate thing to do there, and they will pay the City
some money, we could use that money to clean that area. In that way we're not going to be
ashamed of people looking when they go through Crandon Park or Key Biscayne to that area.
Trees should be trimmed. Leaves should be picked up. Garbage should be picked up. And we
can do this. There is no ... I don't think any legal problem. People don't have to go into the
Marine Stadium, which is a condemned building. It's only a matter of getting some money.
Bringing some people into the area and cleaning the place. The summer, is a season where so
many people go to Crandon Park and Key Biscayne. And I would hope that these people would
see that the city is taking care ... at least cleaning part of his property. So, I don't know, Mr.
Manager, what can we do? I don't think that there is any legal problem. This is not a major thing.
This is not a whole new project. It's just a matter of small size just for a marine flea market and
to use that money to clean that area.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: What... Commissioner.
Commissioner Hernandez: Just to add a little bit and bring a little bit of history into this. I can
tell you, Commissioner Regalado, that I know where you're headed with this and I think it's a
good idea. We had an open air market several years ago in the area.
Commissioner Regalado: I know.
Commissioner Hernandez: It did not do well because, number one, the Village of Key Biscayne,
which is now a Village of Key Biscayne, has always been opposed to it, even though we had it
there. It was somewhat of a failure. It was an open flea market. I was able to work with that
company that was out there but, realistically, I don't know ... I think, rather than ... and yours is a
quick -fix solution right now for the short-term period. I'd like to see a little bit more of a
direction from the City Manager's Office. I'd like to see, as soon as possible... we've been
discussing what to do with Miami Marine Stadium, which is, if I'm not incorrect at this point, it's
an unsafe structure, correct, and it's been closed since Hurricane Andrew. Direction in the
following of an RFP (Request for Proposals), something that the planning department has been
dealing with and working with is what we're going to do with Miami Marine Stadium. Now, a
flea market, by all means ... at least we'll have something going on there in that ... in that piece of
land, but I don't think that is a solution and I think based on several years ago ... almost now 18,
65 May 12, 1998
19 years ago, there was a request from the citizens of the City of Miami for more water
recreational facilities. More facilities where we can interact with the water. That's what Miami
Marine Stadium is all about. That's what it was about. I want to see that position that the
Planning Department has with this piece of property. We've read recently that the Miami
Sequarium is interested in bringing a water recreational facility to the Miami Sequarium and I
think, before we lose the edge here, before we lose the opportunity to bring some kind of water
recreational facility, anything dealing with the water, we should really fast forward what we want
to do with Miami Marine Stadium by way of an RFP.
Mayor Carollo: Well, this is one of them items that we're going to be taking up in the
afternoon. It's going to be a key item to go through it and, you know, then we can discuss after
we're done with it, I think all these proposals. The one Commissioner Regalado has mentioned is
on the short-term, obviously.
Commissioner Regalado: Mr. Mayor...
Mayor Carollo: But I'm...
Commissioner Regalado: ...and Commissioner Hernandez, like you said, this is a very quick -
fix. It's just to get some little money so we can get some big clean. That's all that there is to it. I
don't want to go asking the Manager. We need to clean there because we do need to clean the
streets of Miami. And but if we give the Manager the possibility of having several thousand
dollars in two or three months, well, he can send the solid waste people, who, I'm telling you,
they're really anxious to work overtime to just clean the place. And, you know, the idea is to
clean the place. Had we had a better economic situation, I would have had the Manager... well,
Mr. Manager, let's send a crews there, but he can't. He's using all what he got cleaning the
streets of Miami, so if we can do this, I don't think that it will hurt because it would just help.
And I'm ... Commissioner Hernandez is right, we have to address that issue. So I would just hope
that we can leave here tonight with...
Vice Chairman Plummer: Tonight. What do you mean tonight?
Commissioner Regalado: Tonight.
Vice Chairman Plummer: Today, this afternoon.
Commissioner Regalado: Oh, O.K. I thought you said we're going to take this issue after five.
Well, anyway...
Vice Chairman Plummer: It's still daylight.
Commissioner Regalado: Mr. Mayor...
Mayor Carollo: I compliment you, Commissioner in trying to come up with ways that we can
clean up that area in the short-term, while not costing the City any additional dollars. It's as
dishardening to see such a beautiful piece of property in one of the best waterfront locations you
could have anywhere in the country, and I would venture to say anywhere in the world, to be in
the condition that that property is in. So, you know, I applaud your efforts in trying to get it
66 May 12, 1998
cleaned up and trying to find ways of doing it without it costing the City any additional more
dollars.
Commissioner Regalado: Mr. Mayor, I would like to recognize a council member of the Village
of Key Biscayne, Martha Fernandez -Leon. She's here and she wants to address the Commission
on Item 17. So we're going to do that in the afternoon, I guess.
Mayor Carollo: Sure. Certainly. We're not going to do this until the afternoon, but if you can't
come, we'll be happy to hear from you now.
Ms. Martha Fernandez -Leon: Honorable Mayor, members of the Commission. I will be here for
Item 17 but I cannot help, but having listened to what Commissioner Regalado has proposed, and
I'm not here representing the Village of Key Biscayne as such. I came to talk as a young
grandmother and a mother and a daughter on the issue of Virginia Key, but I do see why
Commissioner Regalado is so eager to perhaps have some revenues to clean up Virginia Key and
maybe there's another way of doing it without putting a flea market there. Maybe we could
explore an interlocal agreement with the Village of Key Biscayne and maybe we could share
some funds and have that done. I mean, I'm just brainstorming here, Mr. Mayor, members of the
Commission. But thank you for acknowledging my presence and I look forward to addressing
you after the 17th.
Mayor Carollo: Thank you very much. Commissioner.
Vice Chairman Plummer: Interlocal and cooperation go both ways, correct?
Ms. Fernandez -Leon: Absolutely, absolutely.
Vice Chairman Plummer: Well ... because if you want some of Virginia Key...
Mayor Carollo: Commissioner, Commissioner.
Vice Chairman Plummer:... we want some of Key Biscayne. O.K., that's fine.
Ms. Fernandez -Leon: Commissioner Plummer...
Mayor Carollo: Please, please, Commissioner. Commissioner, please. Please, Commissioner.
Ms. Fernandez -Leon: Commissioner Plummer, I, again, do not come here on any way
aggressive. I'm just trying to speak to fellow members of the Commission and service of the
people and that's my aim.
Vice Chairman Plummer: So be it.
Mayor Carollo: Well, we ... we appreciate you being here and welcome to Miami/City Hall.
There are some areas of Virginia Key that I think that we ... we could work together very closely.
In fact, last year I had spoken to your Mayor on one particular tract that's about one hundred and
twenty acres that ... it's not the one you're thinking, Commissioner, I assure you...
Vice Chairman Plummer: Don't mess with my RV (Recreation Vehicle) park.
67 May 12, 1998
Mayor Carollo: Mabel, please, you can get him later. But this area would be a great recreational
area that City of Miami and Key Biscayne can work jointly together and we might even get Dade
County involved and the State and make it into a regional area.
Ms. Fernandez -Leon: Well, actually, I don't think we have a choice with all due respect, Mr.
Mayor, because Tallahassee has dictated that we, meaning the Village of Key Biscayne, City of
Miami, Miami -Metro Dade County, sit together for area -wide development original of regional.
So finally...
Mayor Carollo: We're aware of that.
Ms. Fernandez -Leon: What we were trying to get all along might ... might be a reality that might
serve all of us very well.
Mayor Carollo: Sure. We're aware of that, but what I'm referring to in this particular piece, out
of about seven hundred acres that we own there, would be one that we could have soccer fields
in. We could have additional recreational areas, baseball fields. Some of the type of recreational
areas that you don't have the room for in the City ... the Village of Key Biscayne, so...
Ms. Fernandez -Leon: Well, thank you for those words, Mayor Carollo, and I look forward to one
o'clock. Thank you.
Mayor Carollo: Good. Thank you.
END OF DISCUSSION
Vice Chairman Plummer: Mr. Mayor, if you want to supplement of the next eight minutes, I
would...
Mayor Carollo: You want to do 23?
Vice Chairman Plummer: I'd like to do 21.
Mayor Carollo: O.K. Let's ... do you think this will be done quickly?
68 May 12, 1998
Vice Chairman Plummer: I ... I would hope so, Mr. Mayor. The boat is there. We, of Bayfront
Park, have filed a lawsuit against the boat owners and controlling interests. They owe the park
thirty thousand dollars ($30,000.00). We have already filed a lawsuit. The City has owned
ninety million... excuse me, ninety thousand dollars ($90,000.00) and I think a motion is in order
here, that the City file a lawsuit against the controlling owners.
Mayor Carollo: Hold on.
Vice Chairman Plummer: Yeah.
Mayor Carollo: Let me see if I understand this. Ninety thousand dollars ($90,000.00), right?
Vice Chairman Plummer: Yes, sir.
Mayor Carollo: If they would pay that money, would the City get it directly?
Vice Chairman Plummer: Thirty thousand to the park and ninety thousand to the City directly,
yes, sir.
Mayor Carollo: O.K. So ninety thousand would be directed to the City?
Vice Chairman Plummer: Absolutely, sir.
Mayor Carollo: And thirty thousand would be to the park trust?
Vice Chairman Plummer: That is correct, sir.
Mayor Carollo: How come...
Vice Chairman Plummer: And I so...
Mayor Carollo: How come we can't get the same deal on the lease arrangements that you made
with the construction company on the American Arena?
Vice Chairman Plummer: Because you were there first. You got the first hundred by five
hundred feet.
Mayor Carollo: I don't think I understand that one, but...
Vice Chairman Plummer: Well, I'll show you on a map.
Mayor Carollo: No, that's all right. I just thought I'd ask. I take my question back.
Vice Chairman Plummer: O.K. Mr. Mayor, I move that the City Attorney be instructed to file a
lawsuit in behalf of the City of Miami against the controlling interest of the Ocean Freeze Liner
that is indebted to the City of Miami for the rental estimated to be in the neighborhood of ninety
thousand dollars ($90,000.00). I so move.
Mayor Carollo: There's a motion. Is there a second?
69 May 12, 1998
Commissioner Gort: Second. But that was my understanding. That's ... after you had...
Mayor Carollo: Second by Commissioner Gort.
Vice Chairman Plummer: According to the City Attorney, I was told that we, of the park, have
the right to do it; that it would take an action of the City Commission to do it on behalf of the
City.
Commissioner Regalado: I just wanted to remind that El Nino is gone. I want ... I remember
that ... last year, because of El Nino, we had no hurricanes. This year ... this year El Nino is not
here.
Vice Chairman Plummer: But we got El Nina this year.
Mayor Carollo: Yeah. Some people thought he left. But anyway...
Commissioner Regalado: No, he left. So, I'm telling you, that you're going to be facing,
starting June 1 st, the hurricane season and it's going to be a very active hurricane season.
Vice Chairman Plummer: I'll be making you a second motion after this.
Mayor Carollo: There's a motion. There's a second. Is there any further discussion? Can you
call the roll?
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-471
A MOTION INSTRUCTING THE CITY ATTORNEY TO FILE A
LAWSUIT AGAINST THE CONTROLLING INTERESTS OF
M/V/OCEAN FREEZE FOR THE PURPOSE OF TRYING TO
RECOUP AN AMOUNT OF $90,000 WHICH SAID COMPANY IS
INDEBTED TO THE CITY OF MIAMI FOR DOCKAGE OF SAID
VESSEL AT BAYFRONT PARK MIAMARINA.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
70 May 12, 1998
Vice Chairman Plummer: It passes. I now make you a motion, sir, that as we did it at the
Bayfront Park, that the Manager be instructed to notify the controlling interest of that boat; that
the Coast Guard has demanded that in fact is a potential problem in the upcoming hurricane
season and that puts them on notice that they are fully responsible for any problems that are
created and answerable to the Coast Guard. I so move, sir.
Mayor Carollo: It's a motion by Commissioner Plummer. Second by Commissioner Gort.
Hearing no further discussion, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-472
A MOTION INSTRUCTING THE CITY MANAGER TO NOTIFY
THE CONTROLLING INTEREST(S) OF M/V/OCEAN FREEZE
THAT THE UNITED STATES COAST GUARD HAS STATED THAT
SAID SHIP MAY PRESENT A POTENTIAL PROBLEM DURING
THE HURRICANE SEASON; FURTHER PLACING SAID
CONTROLLING INTEREST(S) OF SAID VESSEL ON NOTICE
THAT IT IS FULLY RESPONSIBLE FOR ANY POTENTIAL
PROBLEMS CREATED, AND SHOULD TAKE THE NECESSARY
PREVENTIVE MEASURES REGARDING SAME; AND FURTHER
STIPULATING THAT THE ABOVE CITED CONTROLLING
INTEREST(S) ARE ANSWERABLE TO THE U.S. COAST GUARD.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mayor Carollo: Let's jump to 23 and this will be the...
Vice Chairman Plummer: I'd like to have 23 in the afternoon. I want to get some more
information on that, Mr. Mayor.
Mayor Carollo: All right.
Commissioner Hernandez: Mr. Mayor.
71 May 12, 1998
Mayor Carollo: Yes, go ahead.
Commissioner Hernandez: Just one question for the City Attorney on Item 21. This is not one
of these items that we're going to need to go to outside counsel, correct?
Mr. Abandro Vilarello (City Attorney): No, we can handle that matter in-house.
Vice Chairman Plummer: To file a simple...
Mayor Carollo: All right.
Vice Chairman Plummer: Mr. Mayor, what time are we coming back?
Mayor Carollo: Would three -thirty, four.
Vice Chairman Plummer: Four o'clock would be fine.
Mayor Carollo: Four o'clock. This meeting will be adjourned at four.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT
12:27 P.M. AND RECONVENED AT 4:18 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT, EXCEPT COMMISSIONER HERNANDEZ AND
COMMISSIONER TEELE.
COMMENTS PRIOR TO OFFICIAL RECONVENING:
Vice Chairman Plummer: We pulled in before Code Enforcement. If you go look at 26th Road
and right under the expressway... all the columns under the expressway, they now have a picture
of some guy ... I mean, he's a dopey looking dope that's two foot by three foot. And then all over
town you're seeing these yellow signs and I just don't understand why we can follow back to the
promoter and cite them in violation of littering up this town.
Mr. Alejandro Vilarello (City Attorney): The problem is one of proof and if we don't catch
someone putting up the signs, it's going to be difficult to ... to prove.
Vice Chairman Plummer: So, in other words, we've got to worry about all of those signs being
put up and nothing to be done about it?
Mr. Jose Garcia -Pedrosa (City Manager): No, no. What we did ... and I'm going to ask the City
Attorney to see if we can do under our code or try to amend our code, is on the beach we made
the establishment responsible. Whether they put it up or not ... for the very reason the City
Attorney...
Mr. Vilarello: So not the promoter, so the venue will then be responsible for any event that is
at...
Mr. Gracia-Pedrosa: Right. A, B, C is the place...
72 May 12, 1998
Vice Chairman Plummer: O.K. That's fine. If we don't have that, would you bring it to the next
commission meeting?
Mr. Vilarello: Certainly.
Vice Chairman Plummer: Mr. City Manager, Public Works, I reported to you this week, sir, that
nothing was done about a huge earth moving machine that tore up sidewalk and streets in my
neighborhood. The person responsible couldn't have cared less. I sent a memo to the Manager.
I think what we need to do, Mr. Manager, is that all these constructions sites, we have got to
check the sidewalks because I could tell you, a lady in high heels, walks down this sidewalk
where I was, you've got a lawsuit. O.K. I'm not trying to pick on one company. But they didn't
lay down any sand. They didn't lay down any plywood. I called the NET (Neighborhood
Enhancement Team) office to try and get them to come to do something about it while they were
on the scene and nobody showed up. Off the record I'll give you the address and the name of the
company. What are we doing about screening the dumpsters? What are we doing about
screening the dumpsters?
Mr. Garcia -Pedrosa: By that J.L...
Vice Chairman Plummer: Private property, yes.
Mr. Garcia -Pedrosa: By that, you mean they paid the fees?
Vice Chairman Plummer: Can't we force these places to screen in the dumpsters?
Mr. Garcia -Pedrosa: Oh, screening in. I see.
Vice Chairman Plummer: A screen, a round, so we don't look at dumpsters.
Mr. Garcia -Pedrosa: I need to get Mr. Pinon here. He's at a United Way meeting at the MRC
(Miami Riverside Center).
Vice Chairman Plummer: Well, I'd like a report back on what we can and what we can't do.
Mr. Garcia -Pedrosa: O.K. In some places there's not enough room.
Vice Chairman Plummer: In one minute. O.K. Mr. Manager, my final bug -a -boo of the day:
Whatever we're doing in reference to trash and graffiti is not working. They hit Dixie Highway
last night again. Blue paint.
Commissioner Regalado: Yeah, is working. The thing is that we have to come back and come
back and come back.
Vice Chairman Plummer: The point very simply is that the deterrent that the judges are issuing is
not sufficient. I think that what we need to do is to talk with the judicial system, explain to them
that this is a mockery, and that something else has got to be done to stop this amount of graffiti.
Have you seen in front of the old Merrill Stevens today? I guess the people are moving out that
73 May 12, 1998
have violated the City all the way along. All of the garbage is out in the front. Have you seen
that?
Mr. Garcia -Pedrosa: No.
Vice Chairman Plummer: Go look. All of the garbage is out front. I got nothing else to gripe
about today. I'll find something else later.
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Plummer: Mr. City Attorney, I was appointed to a thing ... Mr. City Manager, I
was appointed to the Wynwood Community Economic Development Corporation, Inc. This is an
organization in which I was to be a board member. I have not been invited to a board meeting for
the past three years, Mr. City Attorney, I think all board actions in those three years are illegal,
predicated on the fact that the members were not notified. Would you, please...
Mr. Vilarello: I'll be more than happy to look into it.
Vice Chairman Plummer: I thank you, sir. Anybody got anything else?
Mayor Carollo: Good afternoon, ladies and gentlemen. We will now begin the afternoon
session of the regular scheduled Commission meeting. We will begin with Item Number 17, the
presentation that the Administration is going to present to the Commission on Virginia Key and
the surrounding areas of Virginia Key. Anytime you're ready.
Ms. Arlene Weintraub: Good afternoon. I am Arlene Weintraub, Assistant Director in the
Department of Planning and Development. I do have several members of our staff here today to
go through the presentation. Virginia Key is a one thousand acre bare Island in Biscayne Bay,
displaying broad contrast between its developed areas and its sensitive, natural environments.
Virginia Key has been placed on today's agenda as a discussion item for three primary reasons:
One, to present an overview highlighting the issues and opportunities at Virginia Key; two, to
present the status of outstanding zoning matters, and three, to obtain your input and direction
regarding appropriate development and enhancements for specified areas on the island. The
presentation before you today, prepared by the Department of Planning and Development, is
based upon and consistent with the Virginia Key Master Plan, adopted in June, 1987, which was
incorporated by reference into the Miami Neighborhood Comprehensive Plan. The Master Plan
established policies for the use, development, and management of lands, the protection and
enhancement of natural resources and the development of infrastructure to serve the island. A
copy of the Virginia Key Master Plan has been included as backup to this item for your
reference. To facilitate the discussion, we have divided Virginia Key into seven geographic
areas, each with distinct characteristics, issues, and opportunities as follows: Number One, the
74 May 12, 1998
Marine Stadium Basin Properties; 2, the old county park site; 3, the Northpoint; 4, the old
landfill; 5, the beach and existing hammock areas; 6, shrimper's lagoon and treatment plant; and
7, the critical wildlife area and adjacent environmental lands. The format of this presentation will
be to first show a series of images organized according to these seven areas. That will take
approximately 10 minutes in length to go through the slides. We will then bring up the lights and
through overhead transparencies, we would like to proceed with a more in depth discussion
relating to zoning and development matters.
Vice Chairman Plummer: Go run for the County Commission.
Ms. Weintraub: We would like to leave here today with clear direction regarding these
outstanding zoning matters and development approach appropriate for Virginia Key. I'd like to
now introduce Diane Johnson and Lidia Medina from our staff, who will now present the slides.
Ms. Diane Johnson: Good afternoon. Ladies and gentlemen, we present to you Virginia Key.
The first area we wish to discuss is the Marine Stadium and Basin Properties. The Marine
Stadium is an 18 acre site, which includes one acre of submerged lands. There's a sixty-five
hundred grand stand which was built for viewing marine events and a nine hundred and twenty-
five space parking lot. The Marine Stadium was the premiere facility of its kind when it opened
in the 1960's. There is a deed restriction from Dade County that the property be used only for
Marine Stadium and allied purposes. The stadium has been closed since Hurricane Andrew in
1992. Marine Stadium Basin is approximately two hundred acres. It was uniquely designed and
constructed for boat racing. It also has been used to accommodate other marine concerts and
special events. It also has a four thousand eight hundred foot strip of land across the north side,
which forms the basin's northern edge and provides access to the critical wildlife area. That's the
Marine Stadium Marina. This is a six point six acre site, which also includes one acre of
submerged lands. It is a two hundred and fifty slip dry dock storage marina which is currently
operated by the City and was the former Virginia Key Boat Yard. It's current occupancy is 80
percent. Estimated net revenues are as follows: FY-1998, one hundred and seventeen thousand
dollars ($117,000.00). And for FY-1999 we estimate two hundred forty thousand nine hundred.
There are a number of lease holds in the Marine Stadium Basin area. The combined revenues
from these operations amount to approximately five hundred and fifty thousand dollars
($550,000.) for the City of Miami. The issues relating to zoning, which we'll discuss later, but
we are looking to rezone the Marine Stadium area to a new marine facilities category and, along
the basin's north edge, from conservation to a new parks and recreation category. The master
plan provides that the development suitability for this area to be a great potential for a
government institutional recreation, commercial, and marine related uses. The next area we wish
to discuss is the old county park site. This is approximately 77 acres and was the former Dade
County Park and, at one point, was a segregated beach. It has a two thousand five hundred linear
foot beach front along Bear Cut. And currently it is part of a one million beach re -nourishment
project which is under permitting. The site has been used by the City, primarily on a permit
basis, for groups events and concerts. The county park site is also the location of the annual
county operated parking for the Lipton Tennis Tournament. There is a county deed restriction on
the property that it be used for public park purposes. And specifically a camp ground, according
to a jointly approved master plan by the County and City. The development potential for this
area includes recreation and camp ground use. The next area is the north point. This 70 acre site
consists of bay bottom dredged from Bear Cut and other environments, primarily through
expansion of the Port of Miami. That is a three thousand linear foot water front alongNorris Cut.
And it offers spectacular views of Miami and the Miami Beach Skyline. The site is also the
75 May 12, 1998
subject of the Wetland Mitigation Project under a City/County consent agreement. It is the
location of the City's composting facility by Solid Waste and there is also a lease hold to the
FAA (Federal Aviation Administration), which expires in the year 2004 and brings the City
approximately fourteen thousand dollars ($14,000.00) a year in revenue. We do propose to do
some rezoning along the northeastern edge of this area from conservation, parks and recreation,
to allow public access to the beach. There is a state deed restriction that the area be used only for
airport and harbors. According to the Master Plan, the area is suited for commercial and
recreational redevelopment. Area number four is the old land fill. This is approximately one
hundred and twenty acres and was a former uncontrolled public dump. It includes a fifteen acre
wetland in its southern region. It was closed and capped in 1976 under EPA's (Environmental
Protection Agency) supervision. Its reuse is subject to further environmental testing and
remediation. There is a leasehold of a two ... point two acre site to radio station WKAT which
expires in the year 2007, with estimated annual revenue to the City at seventy-four thousand
dollars ($74,000.00). Proposed reuses include overflow parking and support or recreational
fields for the community.
Ms. Lilia Medina: Area five is the beach and hammock. It contains 72 acres with a five
thousand foot beach. It includes a 14 and a half acre hardwood hammock, plus nearly four acres
of prime coastal hammock. There is a restoration project underway by the City. The city beach
was closed in January of 1997. There is a one million beach renourishment project, which is
permitting, and includes a turtle nesting habitat, a popular area for swimming, and is world
renown for wind surfing. The proposed rezoning of the sandy beach is from conservation to a
new parks and recreation category. Area five ... area six is the Shrimper's Lagoon and Treatment
Plan. It contains an eight acre lagoon with a channel opening to Norris Cut. It is a popular area
for boaters and for film shoots. It has a manatee protection zone and is also the location of Jim
Bo's, which is in a conservation zone. The City's proposing to rezone it to a new parks and
recreation category. The area also contains one hundred and fifty acre county waste water
treatment facility with an odor control program that is ongoing and an out -fault pipeline project
under construction. The last area is a critical wildlife area and adjacent lands. Area seven
contains four hundred and sixty acres of mangrove, marsh, and title flats. It is also a state
designated bird and wildlife center. The area is closed from August through April for bird
migration. It's also a manatee protection zone, therefore, there are no development permitted in
the protected areas. There's also a site for a proposed environmental center, where there is five
hundred thousand dollars ($500,000.00) available from Parks Bonds. The Center's location is
proposed to be rezoned from conservation to a new parks and recreation category.
Ms. Lourdes Slazyk: Hi. I'm Lourdes Slazyk. I'm Arlene's co -assistant director in the
Department of Planning and Development. Now that you've had an overview of the different
areas and issues on Virginia Key, I'm going to discuss the island zoning in a little more detail.
These issues are some of the more pressing issues yet to be resolved on Virginia Key. This map
depicts the existing zoning on Virginia Key; however, these zoning designations are not
consistent with the adopted Virginia Key Master Plan. The areas shaded in gray are the portions
of the island which were annexed by the City several years ago and are currently undesignated
and therefore interpreted as conservation zoning. As you may recall, we presented a series of
zoning and land use changes to you last year for Virginia Key, which would have brought the
entire island into conformance with the Master Plan. The changes depicted on this map not only
propose to add our zoning to these annexed areas, but they also propose some zoning corrections
to other areas of the island to make them consistent with the master plan. These changes were
approved on first reading and then submitted to DCA (Department of Community Affairs) for
76 May 12, 1998
their review. In January of this year, we received DCA's report on our proposal. There were a
series of concerns from DCA in their report, which we have since been trying to resolve. The
primary concerns were related to density and intensity limitations, which they would like to see
addressed by either creating new land use classifications for certain areas or amending our
current classifications. Other concerns were over potential impacts to environmentally sensitive
areas. Last month we met with DCA and we were successful in addressing a majority of their
problems. As a result of these efforts, we believe that we have a plan of action which will allow
us to achieve our objective while insuring the protection of those portions of the island, which are
environmentally sensitive. This map depicts our proposed zoning change plan of action. The
areas shaded in dark green are those which we are recommending that we proceed on. These
include a small strip on the north point being changed to parks and recreation, the old county
parks site being changed to parks and recreation and the small spoil island being changed to parks
and recreation. DCA has no concerns over those areas.
Vice Chairman Plummer: Excuse me. Under Parks and Recreation...
Ms. Slazyk: Allows a series of things including limited retail and concessions...
Vice Chairman Plummer: Would it, for example, include an RV (Recreational Vehicle) park?
Ms. Slazyk: No, I don't believe so.
Vice Chairman Plummer: And...
Ms. Slazyk: We do have campground facilities.
Vice Chairman Plummer: Okay, but...
Ms. Slayzk: Which are a little different...
Vice Chairman Plummer: Who made these proposals on behalf of the City that this Commission
did not inject or ask?
Ms. Slayzk: The Commission approved this on first reading about...
Vice Chairman Plummer: As you're submitting it now?
Ms. Slayzk: The three dark green areas, yes.
Vice Chairman Plummer: O.K.
Ms. Slayzk: It was a little over a year ago. We...
Vice Chairman Plummer: All right, go ahead. Keep going.
Ms. Slayzk: O.K. The light green areas are the areas that we're proposing to resubmit under a
new Parks and Recreation category, which will be much more conservative than the existing
Parks and Recreation category. This new category ... one of DCA's biggest concerns was that we
jump from conservation to Parks and Recreation, which allows an arena. They wanted us to
77 May 12, 1998
create a new, more pure Parks and Recreation district that was much more conservative in list of
uses and put much more of an emphasis on conservation. We're in the process of writing that
category now. The red areas we're proposing to resubmit under a Marine Facilities Category.
The way we submitted these last year, they were going to be C-1 and G-I, which allow residential
uses. DCA had a concern over the residential uses on the island because of hurricane evacuation
routes and times. Under the new Marine Facilities Category, we propose a designation very
similar to the existing liberal parks and recreation category, except that it will add density and
intensity limitations and a limited hotel use, which is in the program for that portion of the island.
Again, we're already in the process of creating these new designations. In conclusion of the
zoning presentation, we're here today to seek your concurrence with these recommendations on
the outstanding zoning issues. First, that we proceed with the changes in dark green and
secondly, that we complete the creation of the two new land use categories, which I've just
described, and apply them to the Marine Stadium and Shrimper's Lagoon area.
Ms. Weintraub: In accordance with the Virginia Key Master Plan and subject to approval of the
zoning changes just presented to you, three areas on Virginia Key, with limited environmental
sensitivity, if, at all, are suitable for development. These include the Marine Stadium Basin
Properties, which include the stadium itself, the boat yard, the basin and shore for government
and institutional recreation, commercial, and marine related uses as discussed under this new
marine facilities category. The second is the old county park site for recreation and campground
uses. And third, the north point for commercial and recreational uses.
Vice Chairman Plummer: Can't get to the third site.
Ms. Weintraub: In priority order, we recommend proceeding with unified development of area 1,
the Marine Stadium Basin Area, and area 2, the old county park... campground area. We're
recommending packaging the parcels for unified development as follows: The Marine Stadium,
which is 18.3 acres, along with the Marine Stadium Marina, the City -operated boat yard, which is
6.6 acres, for a total land parcel of approximately 25 acres of which two are submerged lands.
The City, as you may recall, issued separate RFP's (Request for Proposals) for these two areas in
1995 and received no proposals. It is suggested that combining these land parcels would make a
feasible offering. A minimum annual return to the City, under a long-term lease agreement,
would be set, of course, at no less than the revenues the City derives today from the boat yard,
which, as we showed in our earlier slides, is one hundred and seventeen thousand estimated for
fiscal year '98 and estimated at two hundred and forty thousand for fiscal year '99. Returning...
Vice Chairman Plummer: What is that difference? Why is it double in one year?
Ms. Christine Abrams: Christine Abrams, Director of Public Facilities. The increase is due to
the fueling station that we're going to be putting in.
Vice Chairman Plummer: O.K.
Ms. Weintraub: Returning the Marine Stadium to active stadium use, would both be in keeping
with the deed restriction and would certainly invigorate a deteriorating closed City facility.
Vice Chairman Plummer: Stop. I have heard estimates in the neighborhood of two to three
million dollars to restore the Marine Stadium and I'm not sure that's going to do it. Now, when
you talk about that, where's that money coming from?
78 May 12, 1998
Ms. Weintraub: We're suggesting this go through a unified development project process, where
any interested developer would come to the City and be responsible for one hundred percent of
the improvements and any repairs to facilities.
Vice Chairman Plummer: On property that they are totally, totally limited what they can do.
Ms. Weintraub: They're limited as to the use.
Vice Chairman Plummer: Absolutely. And the use...
Ms. Weintraub: That it remain as a stadium.
Vice Chairman Plummer: ...is what produces their revenue.
Ms. Weintraub: Well, it's...
Vice Chairman Plummer: O.K. Go ahead.
Ms. Weintraub: It certainly can be incorporated into something to make it a spectator area again.
Whether the Marine Stadium looks like it does today is not necessarily one that has to stay.
Vice Chairman Plummer: How long ago were you over there?
Ms. Weintraub: Oh, I would say the last few weeks we've been out there photographing...
Vice Chairman Plummer: Have you seen the chunks of concrete with the exposed steel exposed
by the salt water?
Ms. Weintraub: Yes.
Vice Chairman Plummer: And you think it can be restored?
Ms. Weintraub: No, I'm not suggesting that it be restored exactly as it is. I think that the use as a
stadium could certainly be incorporated into someone's development scheme.
Commissioner Regalado: Why do you say that we are limited for a hundred and some thousand
dollars? If we get an appraisal that tell us, well, it cost more now, can we get a ten percent
return? So ... I mean, what are we saying? We should get this or we should get that.
Ms. Weintraub: I'm not saying that that would be the maximum by any means. I said that we
would certainly expect no less than what the City derives in revenues today. We would certainly
expect more than that.
Mayor Carollo: Well, one of the things also that could be done there with that stadium, there's
nothing that I recollect that says that that stadium cannot be torn down and then smaller one built
there. At the end of the day, what's going to dictate what goes there, if it's going to be the
market, whether you have a stadium that holds six thousand five hundred seats like this one or a
smaller one, how much would it cost to redo this one versus tearing it down and building a new
79 May 12, 1998
one? The problem with this stadium is, that in today's market, six thousand five hundred falls
right in between a number that makes it somewhat hard to sell. It's too small for some of your
bigger attractions and too big for some of your smaller ones. So ... it's basically going to be what
the market dictates for someone to come in and decide what is best and cheaper for them to do.
Commissioner Gort: Let me ask, Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Gort: My understanding, the first thing we need to do is make the change in the
zonings. After we do that, we can go out for RFP according to the zoning and the market would
dictate what's going to go in there.
Ms. Weintraub: That's correct. We would like to proceed along concurrent lines with the zoning
changes as proposed proceeding and then shortly followed by our development side of the
department putting together and offering, along with...
NOTE FOR THE RECORD: Commissioner Hernandez entered the meeting at 4:43 p.m.
Commissioner Gort: Question: How long would it take the zoning ... ever since I got elected,
November, '93, we've been talking about this problem. This is a problem that we've had in here.
Anytime going to go out for a proposal, it takes revenue. Let me tell you ... as an investor, I can
tell you that it's not much that investor can hold onto his money, paying interest. So, I think,
somehow we need to expedite some of the things in here and if we can maybe have the process of
going through the zoning at the same time as RFP, if we could do that, I think it would be ... I
would be very much in favor of that.
Ms. Slazyk: I agree. I think they could go concurrently. We anticipate the zoning and land use
changes to take approximately six to nine months. The added difficulty here is the creation of
these new categories, but based on our meetings with DCA, we feel that these new categories will
address all of their concerns.
Vice Chairman Plummer: How big a hotel can you put there?
Ms. Slazyk: We're going to put density and intensity limitations on there, which will limit, to a
certain amount of rooms per acre. We haven't established those yet. I want to run some numbers
by DCA to see what they'll ... they feel comfortable with. But it will be a limited hotel use. We're
also ... the Parks and Recreation... it's very similar to Parks and Recs, so it will allow all the
accessory retail and all the other things that I think could make Marine Stadium work. The
biggest thing that had a problem with was the uses we were proposing allowed residential and
that is something that the island is really not set up for, but if we exclude the residential in this
new category and put other limitations in, they were very comfortable with it.
Vice Chairman Plummer: Is the construction on the outfall line finished?
Ms. Weintraub: No.
Vice Chairman Plummer: I was over there about a month ago and it wasn't finished then.
80 May 12, 1998
Ms. Weintraub: It's approximately a two more year construction period.
Vice Chairman Plummer: Two more years?
Mayor Carollo: Two more years?
Vice Chairman Plummer: Years or...
Ms. Johnson: The bulk of the work is going offshore and then we will come back and finish
some of the onshore work.
Vice Chairman Plummer: But is the onshore going to be torn up until they're ready to come
back?
Ms. Johnson: I am not completely with their time schedule, but I'd be happy to get this
information back to you.
Vice Chairman Plummer: Sure going to be important. It's got to be important to anything you
do...
Ms. Johnson: That's correct.
Vice Chairman Plummer: ... beyond the sewage road.
Ms. Johnson: Correct.
Vice Chairman Plummer: I mean, that is Item six and three and five, almost are at the point
where you can't do a thing with them at this point.
Ms. Weintraub: That's correct. If I could just continue. We have a priority order and a sequence
and timing that actually absorbs that kind of construction period and it's further out than two
years. What we were suggesting, as we first started to speak, is beginning in Area 1 with that
chartreuse color green and that green, which is the boat yard and Marine Stadium at once, and
then moving secondly to the area ...for Unified Development, which we're calling the basin and
the shore, and that's approximately 22.6 acres and that is the area recommended to be part, as
well, of the new Marine Facilities Category and this more restricted Parks and Recreation
Category. We're also presenting to you for your consideration a package concept and we're
looking for some input on this. Let me first mention the third parcel and then I'd like to return to
that issue. The third parcel ... and this is in priority order ... that we're talking about is a 77 acre old
county park site for recreation and campground use. This is one-half of the acre that was offered
in 1995 request for proposal. This is the down scaled version in terms of area. Certainly, this is
the area that is best suited and has the most opportunity for development of an active natural
resource based recreation area. We're recommending perhaps, citing the Environmental Study
Center, that we have five hundred thousand dollars ($500,000.00) from Park Bonds from that
area, which she's pointing to, and moving it over to the area within two, so that it can serve as an
interpretive center for those who would be going and camping and be more accessible. In the
other ... but in that area where we had originally looked at, we would still want to see boardwalks
and some trails so that you could overlook the critical wildlife area. That is the area that has the
only access to that area on the island. We think that citing the actual facility, the built structure,
81 May 12, 1998
might work better in the campground area. We would like to discuss this further with the
environmental organizations. There is an environmental Sharette scheduled for June 13th that is
being hosted by the Tropical Audibon Society, the University of Miami and University of Florida
on Virginia Key and we'd like to discuss that kind of an arrangement with them. It is further
recommended that these areas that we've just pointed out in color, the light greens to the dark
greens, along with two, through our UDP/RFP process be allowed to go forward as a package
where perhaps a developer could get on one individually or consider combining them together.
They could stay separate or be combined in their use. As you know, through the Unified
Development Project process, we would return to this Commission and we would be looking for
a defined land parcel and we would define the uses at that time. What we want to do today is put
forth the priority order in terms of development, taking into consideration the construction we
know is further off and then get some input from you in terms of packaging the actual land
parcels, whether they should remain individual through offerings or does there seem to be some
good sense to putting some of those areas together. And we were looking at the darker green,
along with two...
Vice Chairman Plummer: Why not let the developer decide?
Ms. Weintraub: ...as potential. That's why we're offering concurrent...
Vice Chairman Plummer: Why not put it in total package and then, if they want to break it down
into individual packages, they can. That's the only smart thing to do.
Ms. Weintraub: You can bid on one, bid on the others. I think that's our proposal.
Commissioner Regalado: Tell me ... tell me about the Marine Stadium. You said that there's
some deed restrictions that would only allow in Marine Stadium. That's what you said?
Ms. Weintraub: There's a county deed restriction to its use, that it remain a stadium active
spectator type, water dependent use.
Commissioner Regalado: O.K. What kind of spectator show?
Ms. Weintraub: In terms of..
Commissioner Regalado: In terms of restrictions, what does it says?
Ms. Christina Cuervo (Assistant City Manager): I believe the deed...
Ms. Weintraub: Let me just read you the exact language.
Ms. Cuervo: I believe it's Marine Stadium purposes and think that you have to explore what uses
would be included within that permit.
Commissioner Regalado: Because if you have ... for instance, if you have an amusement park, it
could have a small stadium for whatever purpose and that would be part, but it would not be the
whole area. It could be smaller. It could be bigger.
82 May 12, 1998
Ms. Cuervo: And I believe the zoning ... the new zoning category that's being contemplated
would permit additional uses that would be ancillary to the Marine Stadium purpose use.
Vice Chairman Plummer: The people that are talking to me, all right, about the Marine Stadium
area, are contemplating a twenty-five million dollar ($25,000,000.00) complex and they would be
using most of that what you show in green now.
Ms. Cuervo: Arleen, why don't you read..
Ms. Weintraub: That's correct. Yeah. I'll tell you what the deed says and the area, as shown,
does not have to all remain as it is today. So what I was getting to earlier, the use must be
maintained in some way with lots of allied associated related type facilities that could be part of
that. The deed itself says this: "This deed of conveyance is made upon the expressed condition
that the land hereby conveyed shall be perpetually used and maintained for the operation of a
Marine Stadium and allied purposes only. And allied purposes is what we would be seeking a
broad concept.
Vice Chairman Plummer: And that's not defined?
Ms. Weintraub: It's not defined.
Vice Chairman Plummer: I can define it many ways.
Ms. Weintraub: That's right. This really concludes the formal part of our presentation through
the slides and overheads and, again, what we would be looking to walk out of here today is a ... we
hope ... is a blessing from you all and concurrence that we may proceed with the direction and the
path that we've laid out before you.
Vice Chairman Plummer: Well, let me speak for one. This is the first time I've seen your plan.
I'd like to have the opportunity to study it before we make decisions. I think it's only fair. I've
not seen a thing before today and, for one, I enjoyed the presentation. I think we need to study
this presentation and schedule it for an upcoming meeting and try then to make some decisions.
Because I got to tell you, from everything that I saw there, basically, I think area 3 is
really... really out of question for retail. I think it's just completely. That is the real area up in
there that, in my estimation, is good beach area. It is good, good beach area. Area 2, which is
you call the old camp site, it's the only one over there that, in my estimation, has got any
potential for making revenue to the City. Absolutely. I don't see any of the others ... oh, over
there. That's a different story. That's almost commercial, all right. The beach area, that's going
to be a negative issue. It has been and that's why we had to close it. We didn't have the money
for lifeguards. Where are you going to get the money for lifeguards? I don't know. So take it
from there.
Commissioner Regalado: Excuse me. Why there are no lifeguards on the beaches along the
causeway operated by the County and yet people swim there at their own risk?
Mayor Carollo: That's correct. The difference is that the currents over at our part of the beach
five is still pretty rough. And then if you get close to number two area, it's real, real rough. I
mean, that's why we never use that...
83 May 12, 1998
Vice Chairman Plummer: That's Bear Cut.
Mayor Carollo: ...when we open the beaches up. That's the main reason. The other place is
very shallow and you don't have the currents that we have on this side. But I'd like to
congratulate all of you in the Planning Department. This is a fine presentation. I think you put a
lot of hours and effort into this in giving the Commission a lot to look at and think about. And
you've done an excellent job. I congratulate you.
Ms. Cuervo: Mr. Mayor and Commissioners, I guess I would add if you'd like for us to come
back on the discussion item or if you'd like us to come back on something more formalized in
terms of some kind of proposal to you and how you'd like to communicate your direction to us.
Vice Chairman Plummer: I think you ought to come back with a proposal and we can discuss it
or propose.
Mayor Carollo: I think what Commissioner Plummer wanted to do was to go over it and then to
have the administration bring it back to take action and discuss the plan further. What I would
recommend, however, is that staff would meet with each of the Commissioners between now and
then to go one on one carefully over all that you covered here today.
Ms. Cuervo: Thank you. And I ... I would also ask for direction on the zoning recommendations.
I...
Mayor Carollo: That's the same. Yeah, the same. Commissioner Hernandez.
Commissioner Hernandez: Yeah, I have a question on ... specifically regarding... and any of you
can answer this question. Dealing with Miami Marine Stadium specific, I think it could be
understood that as long as any project that comes in there encompass or brings into the project,
Miami Marine Stadium, it falls into the definition of the deed restriction. The question that's
been asked of me on several occasions is, do we have to restore Miami Marine Stadium? Do we
have to refurbish it? Can we demolish it and build a new stadium? I see everybody nodding so I
guess the question is, yes, we can demolish it as long as we build a new stadium.
Vice Chairman Plummer: Just eliminate it, period?
Mayor Carollo: I covered that.
Ms. Weintraub: All of those things seem to be allowable.
Commissioner Hernandez: Because that was an issue that's been asked on many occasions.
That's good. What's the ... is there an attendance seat requirement?
Ms. Weintraub: There's none in the deed restriction. There's none. It's just the use.
Commissioner Hernandez: Excellent.
Vice Chairman Plummer: I would like to hear more before this thing comes back about that out
fall line because I got to tell you, I think that that is definitely got to have some bearing on the
overall project as to what's going to happen. Because the last time I was over there, I want to tell
84 May 12, 1998
you, they had that place torn up unbelievable. They're putting in a ... Mr. Mayor, putting an out
fall line. If you haven't seen it, you can drive a jeep in it. Twelve foot across.
Mayor Carollo: You certainly won't get any RV's up to point three.
Vice Chairman Plummer: Oh, yeah. Don't worry about a thing.
Commissioner Gort: Mr. Mayor?
Vice Chairman Plummer: I wouldn't want them in three. I want them in two.
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Go ahead, Commissioner.
Commissioner Gort: As far as discussion, we could save this for the ... for this item here but I
think the ... in the short term, we need to do something with that property and I think that
Commissioner Regalado's idea was a great idea. If we could fix it up and make it look more
attractive. Right now, as you go by there, it really looks like a waste land. It's a shame. Such a
beautiful place that's not being utilized. I concur with Commissioner Regalado. I think that
administration should look into it and see if we can put some kind of a use that can be decorative
and some amenity and we could fix the place up a little bit, at least the landscape and so on.
Ms. Cuervo: After we studying it, we are going to determine what uses would be permitted with
the current zoning since we are going to a zoning change and then we would come back to you
with either solicitation or with proposals that we may receive for your recommendation and move
forward.
Commissioner Hernandez: What would be the time period on that?
Ms. Cuervo: Well, that would be just the Marine Stadium. That would be for the short-term use.
Staff can look at it now before the next meeting in June and we can come back in June. If there
are some interested parties now, please refer them to us and we can be sitting down trying to
work up some kind of short-term use agreement.
Commissioner Regalado: I don't know if there are interested parties. I think that my
intention... and I'm sure that they will ... be ... my intention was to get some revenues. Since we
don't have the revenues to clean the place...
Vice Chairman Plummer: Can I help you?
Commissioner Regalado: Yes, sir. You can ... you know, I knew that there might be a problem
because of whatever zoning or deed restrictions or whatever. However, I've gone there and like I
told you, I've seen people parking, on the special events, on Southfork and Rusty Pelican. They
use the parking lot of the stadium. Also, I have seen young people walking inside the stadium.
I've seen it on the roof. I've seen it on the shore. I don't know how they got there. I'm sure
that ... maybe they swim.
Vice Chairman Plummer: They swim.
85 May 12, 1998
Commissioner Regalado: Yeah, right, right. They use this jet ski to go there. My idea was not
like a flea market or anything. My idea was anything that we can have some revenues. If you
want to bring the Metropolitan Museum Art Exposition to the parking lot, that's fine. But my
idea is that meanwhile... because imagine... think about this. When we go public with this RFP,
people... investors, potential investors would want to see that area and it's really a shame to go... if
I had money and go there, well, you know, this is really, really bad and it's a shame for the City
of Miami ... the City has many areas that we should be ashamed of. Bobby Maduro, now Marine
Stadium and others. And I think that we just need for the short run immediately... just... if you
guys come up with the money to clean it, fine.
Vice Chairman Plummer: Can I help you?
Commissioner Regalado: Yeah.
Vice Chairman Plummer: O.K. Christina, if you would get in touch with Ira Katz at Bayfront
Park. We had a proposal from a company in Buffalo, New York, who we were going to put into
Bicentennial Park until they saw the condition, because of the construction that's going on, then
they were not interested. They have the unique ... most unique flea market concept that you've
ever seen in your life. They have maybe one or two a month and every one of the concepts are
different. Entirely different. They have six major cities around the United States. They have one
weekend, for example, that are nothing like classic cars and ancient cars. They have weekends
that are arts and craft. They have all different kinds of weekend and they don't like to be called a
flea market. They object to that terminology. But if you get in touch with Ira, he can put you in
touch with ... Fred Joseph and Tina Hills were the ones that negotiated with this individual until
they saw the condition of the property. And I would say to you that that would be an ideal kind
of a setup as far as developing revenue is concerned.
Commissioner Regalado: O.K. What I would recommend, Administration, is to do exactly that,
but if you agree with them on something and you can project the revenues that the City is going
to get doing one shows or two shows during the summer, then we can proceed immediately and
clean the place. We can use what we are going to get as revenue to pay Solid Waste or Parks
people overtime or whatever and we can clean the place. The idea is to clean the place first and
then have the show, not have the show and then probably clean the place. So I would ask you to
report back to us on this.
Ms. Cuervo: We'll report back to you.
Commissioner Hernandez: Mr. Mayor. One last thing. Christina, if I can clarify my point, what
I brought up this morning. I'm not talking about a short-term basis. I'm not interested in your
proposal for a short-term. I'm interested in long-term. I want to see what proposals, what issues,
what uses you can bring about for the long-term. This has been sitting there for what, four, five,
six years now? Nothing's being done. There's no shows that are going to be coming here. This
is an ... you know, it's an unsafe structure. Let's face it. It's dirty, it's unhealthy, it's ... I'm talking
about long-term and I want to see what proposals you can come up with and I'm not talking
about six months. I'm talking about in the next 30 to 60 days, so we can bring about some kind
of development to this area. That's what all of us want to see. And short-term is great, but we
have to focus on the long-term and I just... That's what I want you to focus on, at least as to what
I'm asking the Administration to look at.
86 May 12, 1998
Ms. Cuervo: Commissioner, I think the Mayor suggested that we sit down with all
Commissioners, get input from you, go over the plan that's been presented to you today, and
come back to you within the next 30 days hopefully, if not, a little bit later with a proposal to go
forward in Unified Development Project on both those parcels.
Mayor Carollo: I know there are several people that have asked the City Clerk if they could
address this body. This has not been a public hearing and we haven't taken any action here
today. This is an informative session for the Commission. What I will do is give some
professional courtesy to one of our colleagues from the Village Council, if she would like to
address this body. But outside of that, we're going to hold off. If anybody would like to address
this Commission before we take any action, it will have to be at the next meeting when we might
take some action then. Can ... excuse me. Can staff member remove that map so we could see
her. Thank you.
Ms. Martha Fernandez -Leon Broucek: Mayor Carollo, members of the council. Thank you for
your graciousness. I stated early this morning that I'm not here in the capacity of a member of
the Village Council. I'm here as a citizen. I cannot speak for the Village Council. I'd like to
congratulate your staff, your Planning Department, Diana Johnson, Lilia Medina, and Arleen
Weintraub. Our Planning Department can sure get some inspiration from what you put forth to
your Commission. The issue of the City of Miami need for revenue is known to everyone and I
commend you for the efforts that you're trying to put forth to generate some revenues. I only
want to very briefly state the following to you. Disregarding the Village of Key Biscayne. Let's
forget ... let's not assume there was anybody... anything there. You do have Miami Dade County
Crandon Park. That is the park and the beaches of the people in Dade County in the City of
Miami enjoy for their leisure. At the end of Key Biscayne is the Bill Baggs State Park. I
respectfully invite each and every one of you Commissioners to come out on a weekend or any
day during the summer and you will see that Crandon Park is used, fully used. The parking lots
are full and also at Bill Back State Park. Any development that is to take place in Virginia Key
must and should be considered as an overall. I will not take any more of this Commission's time
but just remind you all that all of us, that is the City of Miami, Miami -Dade County, the Village
of Key Biscayne, and the Department of Community Affairs have to sit together to do an area
wide, development of regional impact, not only on Key Biscayne but on the City of Miami.
Finally, there is a bottleneck. We are in the middle of that bottle. The neck is Virginia Key and
we do have people who live there. There is issues of very sensitive nature that we should all sit
together and speak. Thank you very much for your kindness and I think in a proactive manner
we can resolve everything to everybody's mutual satisfaction. Mr. Mayor, thank you so much.
Mayor Carollo: Thank you. Have a good day. Mabel...
Ms. Mabel Miller: I wonder if you'd allow me to make one suggestion that would be helpful to
you?
Mayor Carollo: Mabel, I ... out of all due respect ... and please understand me. If I open it up to
anyone other than this elected official from the Village of Key Biscayne, then I'm going to have
to let everyone speak and it's not right. And we do have it clear here in the agenda that this is not
a public meeting. I know that this is a very important issue to you. But I assure you, you'll have
time to address this body before any action will be taken. So if you could...
87 May 12, 1998
Ms. Miller: Well, there's just one point I want to make.
Mayor Carollo: Mabel, can you...
Ms. Miller: And that is, Mayor...
Mayor Carollo: Just really quickly please, please.
Ms. Miller: All right. Thank you. And I am representing many of the environmental groups in
this community and we want to ask you to consider establishing a Virginia Key Advisory
committee as you have established many committees and councils and have them work
throughout the process with you and your planning people. We think that would only be fair and
very wise on your part. Thank you.
Mayor Carollo: Thank you. O.K. Does any other member of the Commission...
Commissioner Gort: Mr. Mayor, I'd like ... I'd like to bring a point up, which I think is very
important, now that we're working together, the County, the City and the State. You know, one
of the reasons the City of Miami is one of the poorest cities in the world... in the United States, if
you remember, we have a beautiful city and we needed to expand to the suburbs. In order to
facilitate the transportation to the suburbs, first we had to create the one, one, one, two, which
destroyed Allapattah, destroyed 36th Street, then we had to build I-95, then we had to build the
East/West 336...836. You know, nobody sat down with us and asked us how we're going to be
affected. I personally was affected twice by the expansion to benefit the suburbs. So I hope,
when people sit down to consider the whole matter, they take into consideration the City of
Miami.
Mayor Carollo: Is it clear, Staff, what we need to do?
Ms. Cuervo: Thank you.
Vice Chairman Plummer: Thank you.
END OF DISCUSSION
Mayor Carollo: O.K. Seventeen and Eighteen have been done. Are we...
Vice Chairman Plummer: Mr. Mayor, I might suggest to you, sir, that we do 22 and then leave
the Virrick Gym to the very ... oh, I'm sorry. No, there's Item 20. I for...
Mayor Carollo: Well .... we might as well do 19, J.L.
Vice Chairman Plummer: O.K.
Mayor Carollo: We're now on Item 19, the Virrick Gym.
88 May 12, 1998
Commissioner Regalado: Mayor, before we go to this item, I was thinking that we need to ask
the Commission ... I know that the Mayor has been working on it but I think that, as a
Commission, we should try to do our part in getting one of the landmarks of the City of Miami to
stay in the City of Miami, which is Channel 6. I know that you, Mayor, have been very active on
this but I wanted to bring to the members of the Commission the idea of selecting each
Commissioner one business people, one business person of the City of Miami so they can ... five
of them can go and meet also with them and help you in trying to have Channel 6 stay in the City
of Miami.
Mayor Carollo: Commissioner, I have no problem with each member of the Commission
sending me one name. There is very little time left. As you know, I had been meeting with NBC
and Channel 6 since last year working on this. I think they were close to a solution but there's
not much time left. So I suggest that by tomorrow each of you send me a name and...
Commissioner Regalado: I will. And, J.L. what I was saying is that...
Vice Chairman Plummer: O.K., Channel 6.
Commissioner Regalado: Yeah, Channel 6. That we all should send one name to the
Mayor... business people in the City of Miami, one by each Commissioner so they can all meet
with the general manager, the management too. I mean, to ... in behalf of the City of Miami.
Vice Chairman Plummer: Well, I did one better. I personally talked with Mr. Brown. I talked to
the manager, who gave me every assurance that the City is doing everything that it possibly can
and that they were trying to put a package together and I would much rather meet with them
myself, rather than having a designated person. But I think we need to find out from the
Manager ... I've not talked to him since I think Friday. What has happened. Because what I'm
looking at, they're looking... well, I even talked to the Mayor about it. There's a number of
parcels and they really can't make up their minds which parcel they're really and truthfully
interested in.
Commissioner Regalado: Yeah, but what they talk... they will talk to the Administration is about
parcels, is about size, it's about incentive...
Vice Chairman Plummer: Package.
Commissioner Regalado: Package.
Vice Chairman Plummer: Correct.
Commissioner Regalado: What these civic leaders would tell them is that they are a landmark in
the City of Miami. They were the first T.V. (television) station in the City of Miami. They've
been in downtown Miami since 1947, right? And just to meet with them and say, we, the
89 May 12, 1998
business community of the City of Miami, we really want you to stay here and that's, you know,
as part of...
Vice Chairman Plummer: I don't think there's any harm in it. But I would ... you know, what
they're looking for is a package and that's what I think is ... either we're going to be able to come
up and find some way to offer a package. As he ... as the General Manager said to me, he
told ... the decisions are not being made really and totally locally. The decisions could be made in
New York: General Electric and NBC. And he need some kind of a package, which is ... you
better believe it, Joe, O.K. That they got to have a package that's going to be able to say, "Hey,
G.E. (General Electric), here's the reason we need to stay in Miami." Now, you know, if they go
into the CRA (Community Redevelopment Agency), I think we can be very, very helpful.
Commissioner Gort: That's enterprise zone, which is a lot of benefit.
Vice Chairman Plummer: That's exactly correct. And I ... you know, I would just ask the
Manager ... not to take up time here now, but to give us a memo tomorrow telling us exactly where
the City is and what it's doing.
Commissioner Gort: What's next?
Mayor Carollo: We're on 19. Again, this is ... Item 19 is another discussion item for the
Commission. If the Manager can begin by explaining to the Commission the different options
that the Administration has suggested that we look at.
23. CONTINUED COMMENTS REGARDING COMMENDATION FOR KATIE IRELAND ,
GOLD MEDALWINNER. (SEE LABEL 2)
Vice Chairman Plummer: Mr. Mayor, if I may?
Mayor Carollo: Go ahead.
Vice Chairman Plummer: Mr. John Ireland is here. I spoke to you this morning about his
daughter and she was the one who brought the three gold medals back from the State
Championships. You daughter will be requested to be at out next Commission meeting for a
presentation before this Commission to send her off to Boston University. Please make sure
she's here.
Mayor Carollo: Congratulations, Jack.
90 May 12, 1998
Mayor Carollo: Mr. Manager.
Mr. Jose Garcia -Pedrosa: Thank you. Mr. Mayor, the facility in question is ... I think everybody
knows ... has been in use since 1972 by the Parks and Recreation Department and by approved
tenants, Coconut Grove Cares and 70s and 80s Shake a Legs since 1990 and so on for
recreational programs such as boxing, sailing, dancing, and so forth and also for office and
storage space. Currently, the Annex of Building Houses Administrative offices for the day care
division and programs for persons with disabilities and the stock room for the recreation division,
the historic hanga itself is undergoing reconstruction and that is progressing. There are some
adjective pieces being added or restored with it. Shortly after Hurricane Andrew, which is
obviously what caused the facility to shut down and require renovation, the Building
Department... the Planning Department was directed by this Commission to conduct acharette to
obtain input from the community and that was done. The recommendations were first approved
in 1994 by resolution of this Commission and an outside consultant was hired by the City to
review those results and to report on them. The report from the consultant being very close to the
report of the results of the charette and that, in a nut shell, was a narrative plan or program which
was also approved by this Commission in 1994. That program or plan called for the renovation
of the Virrick Gym site for community recreation and possible historic, interpretative historic
programs. Specifically, the plan recommended that Virrick not be included in a development
RFP with the adjacent commercial site, but that it be reserved and renovated for Shake a Leg,
City of Miami Public Sailing Programs and other City -sponsored recreational programs, as well
as a Community Recreation Center, Multi -Sports Aquatic Center, if feasible, and so on. And that
is the operative plan, the latest pronounced of the Commission on that subject. We have been
dealing with this matter for some time now and have attempted to ... and have met actually several
times with a number of interested parties. The purpose of this item being before you at this time
is to seek direction from the Commission with respect to the use of the facility. There was an
RFP (Request for Proposals) process that has not been culminated in terms of the hiring of a
consultant to examine uses and even to prepare construction drawings because we felt that it was
important to get the direction of the Commission before expending the money to make or to take
that step. Frankly, there is not agreement or consensus among the various groups and the
situation requires that the matter be presented to the Commission and we thought that we would
provide what, in the Administration's view, are some parameters that we would encourage you to
consider and that would ultimately you decide we would come back to you with a much more
specific plan. Those parameters are as follows: One, with respect to the parties with an interest
in the use of the facility, we think it is important to recognize the role of Shake a Leg in having
disabled and youth at risk programs at this facility. We think it's important that we recognize the
YMCA (Young Men's Christian Association), if it chooses to provide programmatic effort that
91 May 12, 1998
would enhance the use of the facility. And we also believe that it's important to recognize the
role of the City's Parks Department in conducting both summer and year-round sailing programs
and other youth oriented programs. And, finally, we think it's important that we recognize other
residents and community groups who may be interested in the use of this facility. So the first
parameter would be the recognition that this priceless waterfront public property ought to be
shared, if you will, by all of the entities and community groups and people of the city that may
wish to utilize it.
Vice Chairman Plummer: Do you have any idea when the present construction that's going on
now will be anticipated to be finished?
Mr. Garcia -Pedrosa: Well, if we're speaking about the hangar, Jim Kay is...
Vice Chairman Plummer: No, I'm speaking about ... where it will be finished to the point where,
whoever is chosen, would be ready to walk in the door. Is it six months, is it four months, is it a
year?
Mr. Jim Kay (Director, Public Works): We're looking at...at the end of November we'll be
finished with this contract that we have going on now. It will just be enclosed ... an enclosed
structure. It will not be ready to be moved into as yet. That still has to be done.
Commissioner Regalado: We were told October, Jim.
Mr. Kay: November, I think.
Vice Chairman Plummer: November he said.
Commissioner Regalado: Yeah, but ... when we approved it, we were told October, by the end of
October.
Mr. Kay: Well, we're having a little problem with the hangar door that has not ... even though I
don't think that's been ordered as yet, and that won't ... if we order it today, it won't get here until
September the 1 St. That's what we were told as of this morning.
Commissioner Regalado: So ... so by November we'll the shell, right?
Mr. Kay: Yes, sir.
Commissioner Regalado: And the inside will have it by January, February? If, by then, we have
all the plans in place, we can build partitions and all that and ... because I know that the shell is the
most difficult thing to do.
Mr. Kay: The shell has been difficult, yes, that's true. But an additional contract after that will
have to be ... have to put that out in order to build the partitions and whatever else is needed, so
that we can have somewhere to move into.
Commissioner Regalado: Yeah. Can we do this concurrent to whatever we're doing so
we'll ... don't have a delay on getting bids and 90-days wait and all that?
92 May 12, 1998
Mr. Kay: I think that...
Commissioner Regalado: What I'm saying is, can we do it like start with an RFP for that
company or any company on maybe July or August at the most?
Mr. Kay: I think, at some point, we can take beneficial occupancy of the structure at that point
and ... I believe, then we can start working on a second contract.
Vice Chairman Plummer: What are you doing to the portion of the Administration? Is that
going to be in any way renovated?
Mr. Kay: That's not part of this contract.
Vice Chairman Plummer: O.K. I understand. But is that ... it's part and parcel of the Virrick Gym
property. Now...
Mr. Garcia -Pedrosa: Well, that is ... that is not the historic...
Vice Chairman Plummer: I understand that, but it's still contiguous to the gym. Now, I think
what I need to know, is that going to be part and parcel of what we're talking about as to what's
going to be let out for community use? Are we going to...
Mr. Garcia -Pedrosa: One of the things...
Vice Chairman Plummer: Are we going to continue to use it as city use? I mean, these are the
things I've not heard.
Mr. Garcia -Pedrosa: We don't have a recommendation with ... before you at this moment that
encompasses that particular building. What we have is a request for direction so we can come
back precisely with those types of specifics. The issue of who is going to utilize the building, for
what purpose, how much parking, how much footprint and so forth you're going to have are
really the guidelines that we need in order to ascertain things like the utilization of the pink
building, which is not currently being presented.
Commissioner Regalado: So I think the first thing we have to do is stop the process of the
consultants.
Mr. Garcia -Pedrosa: But we've done that in terms of not coming before you for an award of that
contract...
Commissioner Regalado: Right.
Mr. Garcia -Pedrosa: ...pending your giving us direction as to whether that's the way you want to
go.
Vice Chairman Plummer: That's money can be used for what? For the City to do that decision,
for the City to do that planning, or for the City to decide to hire architects or whatever?
93 May 12, 1998
Mr. Garcia -Pedrosa: That's right. The idea was that this consultant would do two things,
which ... I'm not sure what the process was in terms of sequence... time table. One was to study the
uses of the facility and two was to prepare construction drawings. Now, I don't think you want to
have construction drawings prepared before you decide what uses you want the facility to have,
so we put a stop to that as a practical matter and are coming before you with a request for
direction based on certain parameters.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Gort: Let me ask a question. I think we got all the above that you mentioned in
front of us before. I think we even had a charette with the people in here and they come up with
the uses. I think the problem that we having right now, you have several proponents. You have
your YMCA, you have Shake a Leg, and you have other people in the city parks that would like
to use the facility, and you have people that have problems with the parking and the way the
parking has been laid out. As a matter of fact, we had plans presented in front of us that were
called ... they were going to raise money to build all this without any ... the City putting the money.
I think what we need ... Mr. Mayor, personally, I think what we need to do is sit down with these
different groups, work out the different disagreements and I think they have a plan, a plan which
we all agreed about two years ago.
Mayor Carollo: Well...
Commissioner Gort: I think we all agreed to that and...
Mayor Carollo: The...
Commissioner Gort: And bring the disagreement to the table, all the different groups, let's get
together and get it going.
Mayor Carollo: I don't think the problem, Commissioner, is the use of the property and by what
groups. I think the problem is, who gets control of the property.
Commissioner Gort: Well...
Mayor Carollo: That's the basic problem that we have. Because, at no time, has anyone the this
Commission, in the City Administration, or anywhere else in this building has said that it would
not be open to legitimate groups. The problem has to do with control of the whole property.
Who is going to manage it, who is going to be the overall coordinator/manager of that whole
property.
Commissioner Gort: You have your Condominium Association, maybe something relating to
that can be created, working closer with the City. Because they need to work as a company.
Commissioner Regalado: Mr. Mayor, I think that many people in the City of Miami ... and I've
read quotes several days ago ... believe that the Parks Department is not capable of running that or
anything. As a matter of fact, some people believe that the City is not capable of running
anything. But ... but I think we have to show the City of Miami that we are capable, that we are
94 May 12, 1998
capable to bring important entities. I think the most visible one is Shake a Leg and Shake a
Leg ... I had in the past questions about Shake a Leg. I don't anymore. I've seen their program. I
think it's a very good problem. I think they deserve to be there. But I think this has to be run by
the City of Miami, by the Parks Department. I was told that the Athletic Police League would be
interested in being part of the management of this particular park and the Athletic League has
been in the past one major component of all the sports activities in the City of Miami and I think
that if anybody has doubts, they can go see in Coconut Grove and Liberty City and Little Havana
what the Police Athletic League has done and their ability to bring in fact funds to run their
programs. I think, with that component, Shake a Leg, the City of Miami, the Police Athletic
League, that will be a center that will be used and that would be enjoyed by all the children of the
City of Miami. This is not for the children of Coconut Grove. This is for the children of all the
City of Miami. And we have the capability of bring the children from East Little Havana, from
Flagami, from Liberty City or Model City or any place Upper East side to this and I really believe
we have the capability of doing it. I've seen the City has run many parks. We have 10 pools in
the City of Miami. We don't have the money to keep it open all year. We could if we had the
money, but we only have two heated pools. I think that everybody agrees that this is the center
for a sports by the kind of the City of Miami summer sailing program and Shake a Leg. It's an
ideal place and it's the place that the City should use. So my idea is that the City should run that
gym, that center, and that Shake a Leg should be there as it was before and as it is now. It's just
that they cannot be there because the place is a disaster. But they should be there and the City
should support fully Shake a Leg in their efforts to bring more people to the gym.
Mayor Carollo: Commissioners, again, I think that before this can truly get off the ground, the
initial decision that this Commission needs to make is to decide who is going to manage the
facility. Commissioner Regalado has expressed his desire to have the City of Miami, through its
Parks and Recreation Department, and I gather with the assistance of the Police Athletic League
to manage the facility. That's one Commissioner's expressed opinion. And are there any other
opinions?
Vice Chairman Plummer: Mr. Mayor, mine ... I'm not sure about the Police Athletic, but I'm
definitely in favor of the management in the Parks Department in the City of Miami. Now, the
only other question that I have is, in fact, for the purposes of what groups go in there because I
think that we have operating expense and maintenance, which is extensive in a waterfront
facility, any waterfront facility. And so I thing that the groups that are going to go in there are
going to have to share the burden of the ONM monies that it will take to containing that facility.
Mayor Carollo: That's why you need someone, Commissioner, to be in charge of management.
You're absolutely correct.
Vice Chairman Plummer: O.K. There's no question in my mind. But as far as any long-term
lease is out of the question with me. I fully concur ... it would seem only logical to me that,
number one, we make a determination as yes, the City of Miami Parks is going to run it or not
and then, if so, figure out and determine what groups that we're going to basically allow to go in
there and then we build it out accordingly. I don't know how else you can do it. Right now, I
don't know all the groups that are interested in being in there. I mean, we're talking about a
facility that is limited in size. The walls don't expand. So we got to know, before the can go start
to build out, besides the four walls that are presently there, who's going to go in there and what's
going to be the utilization of the building so they'll know how to build it out. At least that's my
opinion.
95 May 12, 1998
Mayor Carollo: Commissioner Gort.
Commissioner Gort: I think... there's two groups that show interest in being the facility. I think
that some additional groups that want to be in the facility and I think it can be a joint venture
between the parks Department and different groups. I think they need to sit down. J.L. was
stating a little while ago, what's the uses going to be, who's going to be in it? You know, the
management what you can do in a ... set up in a group like, in a joint venture. That's the only way
to do it.
Mayor Carollo: Commissioner Hernandez.
Commissioner Hernandez: Yes. Mr. Mayor, just for the record, I never approved of and never
been very fond of public facilities or public lands being run by a private sector, whether it's profit
or non-profit. I share the comments stated by Commissioner Gort. I would like to see some kind
of joint venture between the non-profit private sector and the City of Miami Parks and
Recreations Department. I think we can work something out with Shake A Leg. Possibly
YMCA or whatever other groups are interested out there. And basically, for the record, I
either ... I would like to see a joint venture, which is my initial ... what I really favor between the
City of Miami Parks and Recreation and this private sector and/or have the City run it by itself
with whatever interests the groups as Shake A Leg, which I, for the record, would like to state
that I have also looked into the matter and approve of what they have been doing for many years
now. So I think the best way for the record, I'd like to say the joint venture would be the way to
go. Like to have us ... the City of Miami having control of administration but running it with a
group that has real experience in running a facility of this kind.
Mayor Carollo: O.K. Any further statements or questions by the Commission? Mr. Manager.
Commissioner Gort: I'm ... if we have to do this by a motion, I have a motion to bring.
Mr. Garcia -Pedrosa: If I may, Mr. Mayor, make one other suggestion. Again, in the way of
making sure we understand your direction. The issue of the site plan density is very important
because in order to accommodate uses we have to talk about how much space there is to
accommodate uses.
Mayor Carollo: Absolutely.
Mr. Garcia -Pedrosa: It's only natural. And it would be out intention, unless the Commission
directs us otherwise, to maximize waterfront access and open areas, including parking areas,
rather than increase the footprint of construction. I say that because that's going to impact ... and
we can work things out, I think. But it's going to impact on the available space and just to make
sure that we understand the direction in which you wish for us to travel, be our recommendation
that there be no additional construction on the site and, if anything, that we consider and bring
back for your decision what to do about the so-called pink building.
Commissioner Regalado: I think the pink building ... if you're going to fix it and you and the
Mayor and I have been there several, several times. By the way, it's still ... there still are many...
Mr. Garcia -Pedrosa: Did you go check the records, Commissioner?
96 May 12, 1998
Commissioner Regalado: Yes, I did. I did went again and check... there's boxes and boxes of
complaints about TCI dated 1984, 1985. They're still in one room. Although the room leaks
though. We can't use it because you can't read it anymore. But I think that to fix that building
will be an exercise in futility. I think that ... we have this beautiful shell and we have this beautiful
place, which is enough to house what I think we all want and that building, which is not used a lot
now because it's mostly empty ... to fix it and for what? You know, for what purpose? However,
if we can, in that area, have landscaping, parking, another facility, and maybe a playground for
children, maybe for buses to drop off and pick up children, that will be part of this complex that
we're all going to be very proud but I think that the Manager is right in saying that we should not
add more construction to it. In fact, we should consider ... if we have to do this by a motion, I'm
ready to do a motion to do away with a pink building and by doing that, we're not affecting any
department of the City because we only have the problem of people with disability that occupies
two or three offices, small offices in that. The second floor is vacant. Most of the first floor is
vacant. And we can accommodate this city official in other area, so I would urge this
Commission to get rid of the Pink Building. It's very ugly.
Mayor Carollo: All right. So, if I understand your motion, Commissioner, it's a motion...
Commissioner Regalado: My motion...
Mayor Carollo: ...to get rid of the building and follow the Administration's recommendation not
to expand on any blueprint?
Commissioner Regalado: Of not to expand, exactly. That's one of the motion, Mr. Mayor.
I ... but I think that the main motion here will be the Management and ... I don't know what the
other members of the Commission think but I am ready to bring a motion stating that it should be
managed by the City of Miami Parks Department and the City of Miami Parks Department
working with the Athletic League and Shake a Leg and other entities will they ... the City of Miami
Parks Department will decide, you know, the places and the sites for all this organization, who
should be there.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: If I may...
Vice Chairman Plummer: For the purposes of discussion, I'll second the motion.
Mayor Carollo: O.K. Maybe if I could ask the maker of the motion and the seconder of the
motion if ..what might appeared have been two motions could be combined into one for the
purpose of discussion.
Commissioner Regalado: It could be combined, Mr. Mayor. I don't have any...
Mayor Carollo: For the purpose of discussion.
Vice Chairman Plummer: Sure.
Mayor Carollo: O.K. Go ahead, Commissioner.
97 May 12, 1998
Commissioner Gort: Mr. Mayor, my suggestion is there's some drawings, some preliminary
plans that have been made by some individual, some of the organizations. Why don't the
Administration look at it and maybe that new facility could be place where the pink building's at.
That way you're not taking any additional... because we all understand. We're going to need the
parking, although additional parking is going to be provided by the new development that's going
to take place, which, by the way, later on I want to know when that's going to take place. But I
think maybe in the pink building, if...the Administration should sit down...
Commissioner Regalado: Well, Willie, remember... remember, why don't we take a break, Mr.
Mayor, and go to the pink building. The pink building is no good. It leaks, it's falling down...
Commissioner Gort: That's what I'm saying, knock it down. Let the ... if there's a facility that
can be built instead of the pink build ... to replace the pink building, that can be used by this
organization, should be better for us.
Mayor Carollo: You're saying to build a new facility there?
Commissioner Gort: If they want ... my understanding is that some of the organization want to
have some facilities in there. If they can build it within those footprints, I don't see why not.
This is not costing the City.
Mayor Carollo: That's another opinion. The motion is...
Mr. John Brenner: Mr. Mayor.
Mayor Carollo: John, I'm sorry, we're not...
Mr. Brenner: I ... we were lead to believe that we would be able to speak on this issue.
Mayor Carollo: John, if you could read this.
Mr. Brenner: No, I did read it, sir. I ... and I...
Mayor Carollo: Yeah. O.K. Now, before we get into some serious motions and the
Management there and so on, I will let some people speak. I will not have the Commission take
action until the public that's here can express itself. The only thing that I ask is let's see where
the Commission stands on these issues and once we have a set motion that will be voted upon ... I
don't know if we're going to vote upon this one or not. Then, before this time, I will let some
members of the public speak, including yourself.
Mr. Brenner: We talking about today?
Mayor Carollo: Yes.
Mr. Brenner: Thank you.
Mayor Carollo: Surely.
98 May 12, 1998
Vice Chairman Plummer: Well, let me clarify my position and my position is very simple. One,
City of Miami Parks Department manages the facilities. Two, let's gather all the people who are
interested. Let's set down. This Commission will decide who is going to go in there and I'd
even make that with the priority of Shake a Leg, number one; YMCA number two, and anyone
else that is interested. Let this Commission make its decision and then let's go complete the
building. I don't know how else you can do it. I mean, because every one of the them have
different needs, I'm sure.
Mayor Carollo: Commissioner.
Vice Chairman Plummer: Yes.
Mayor Carollo: One thing Commissioner Regalado mentioned was Police Athletic League.
Besides the proven work that it's done in the city, throughout all our communities, one other
major plus that it has, beside that direct contact across older neighborhoods, is the ability and
proven ability in the past, they can raise dollars too. If you could consider, based on your
statement, that the City of Miami Parks and Recreation Department manages with the assistance
City of Miami manages they will have the assistance, the help, whatever other word you would
like to use to describe it at the Police Athletic League. But it's the City of Miami that manages
and then they...
Vice Chairman Plummer: I have no problem with that at all.
Mayor Carollo: ...and then they can decide what groups will come in, with the order that you
suggested, Shake A Leg...
Vice Chairman Plummer: You can have the Police Athletic League, you can have the Boys Club,
which is also very good raisers of funds...
Mayor Carollo: Yeah, absolutely. They're all very good. Boys and Girls Club.
Vice Chairman Plummer: Yep.
Vice Chairman Plummer: It's a new name now.
Vice Chairman Plummer: I'm sorry. You cut me off where I ... well, you know, anybody that can
come in and assist of keep and maintaining the building, I think is very, very important. Because,
if not, you know and I know, being waterfront, near salt water is going to deteriorate. There's no
question about it.
Mayor Carollo: Yeah. O.K. That was one. Second, where do you stand on as far as what the
Administration is proposing that we limit the blueprint to the actual Virrick Gym and to what
Commissioner Regalado suggested on doing away with the pink building.
Vice Chairman Plummer: Mr. Mayor, I've not been to the pink building, but if the Manager is
telling me that the building is not worth rehabbing then I've got to go along with what the
Manager recommends because he would be the one recommending where the money would
come from, that he doesn't have to do it, so that's pretty pure and simple as far as I'm concerned.
99 May 12, 1998
Mayor Carollo: Mr. Manager.
Mr. Garcia -Pedrosa: My suggestion was that we ... that we limit any ... that we not have any
expansion of the footprint and that we consider what to do with the pink building, including
tearing it down, but I want to be slow about making that latter point because I don't know ... we
need to get the assistance of counsel, whether there are some...
Vice Chairman Plummer: Limitations.
Mr. Garcia -Pedrosa:... some limitation on that, yes, sir. But I think the important thing
is ... because we need to ... it keys into the use of the facility... that it be clear that the attempt is to
maximize waterfront access...
Vice Chairman Plummer: Absolutely.
Mr. Garcia -Pedrosa: ...green areas, open areas, additional parking and so forth, rather than ... or
more concrete next to the water or in the adjacent area. That's not I think what we...
Mayor Carollo: And that ... that part is real close to South Bayshore Drive, so it takes away from
it. Not only does it take away from the look and the opening to the waterfront, but also in the
flow of pedestrian traffic from one part of our City -owned lands in Coconut Grove to the others,
all the way down to downtown Coconut Grove.
Mr. Garcia -Pedrosa: And what we would try to do, Mr. Mayor, is come back to you if that be
your direction. As I think what Commissioner Plummer suggested, with some preliminary but
more specific plan that hopefully also ties into the whole area. Because, obviously, we're trying
to develop the shore all along from Peacock Park to Kennedy Park and this should be the for
both.
Mayor Carollo: This is very important. Very important. Let me see if I understand then ... I'm
trying to get a majority consensus here before we open it up to the public, if the Commission is
going to take a vote on it today. If we're limiting any additional construction, any additional
blueprint of the area, and the Administration will come back in recommending to this
Commission on whether the City can demolish the pink building and whether the City should
demolish the pink building.
Vice Chairman Plummer: Mr. Mayor, I have to be governed by what the Manager tells me. I
have not been in the building. I don't know the condition of the building. There reaches a point
where it's of no return and maybe that's where it is and so I have to depend on somebody who's
better informed in the kind of work that I do doesn't qualify.
Mayor Carollo: You don't bury buildings, huh?
Commissioner Regalado: You are qualified. It's scare.
Vice Chairman Plummer: It's a dead building. All right, all right. I'm sorry. I stand corrected.
Mayor Carollo: O.K. Commissioner Gort, are you following my other two colleagues?
100 May 12, 1998
Commissioner Regalado: So, Mr. Mayor, I ... I would...
Mayor Carollo: Any suggestions? None. O.K.
Commissioner Regalado: Then I would ... I would amend the motion...
Vice Chairman Plummer: But wait a minute. There's...
Commissioner Regalado: Wait, wait, wait. Because the motion said do away with the pink
building, so we have to wait for the Administration's...
Vice Chairman Plummer: Absolutely.
Commissioner Regalado: So that's the only amendment to the motion. The motion still remains
as it was. My motion or my original motion. The City of Miami Parks Department will be the
entity running and managing the gym and it would ... this Commission and the City of Miami
Parks Department will decide who goes there, starting with Shake A Leg, Police Athletic League,
and other entities. That is my motion. And, of course...
Vice Chairman Plummer: And that motion, I seconded it. I mean, we're rehashing here.
Mayor Carollo: O.K. Let me see if I ... again, understand that the motion is limiting any further
construction there?
Commissioner Regalado: Right. It includes that too.
Mayor Carollo: O.K.
Commissioner Regalado: The only amendment, Mr. Mayor, was the fact that originally I said,
well, tear down the pink building.
Mayor Carollo: Right. You're changing that into having the Administration come back and give
a final recommendation for this Commission to determine that.
Commissioner Regalado: Absolutely.
Mayor Carollo: Before I would open it up to the public, I don't want to waste anybody's time,
the public or the Commission, so I need to find out if there is going to be a quorum here for any
final determination today.
Mr. Brenner: There was when we came in.
Mayor Carollo: Yeah. I understand, John. But I need to find out ... two Commissioners stepped
out because they had to attend to some brief business, then they're going to come back or, if they
stepped out because they're not going to come back to vote on this item.
Mr. Brenner: I hope it wasn't because of me.
Mayor Carollo: Then again, I want to make sure that when you speak, they listen.
101 May 12, 1998
Vice Chairman Plummer: Mr. Gort's back.
Mayor Carollo: O.K. We have Commissioner Gort back. So we have a quorum now that can
listen to you and others, so that your opinions can be heard by a majority of this Commission.
Commissioners, can we open it up to...
Vice Chairman Plummer: Mr. Mayor, absolutely. I think the public should be heard, especially
old loud mouth John. I mean, he's going to be heard one way or another either at that podium or
screaming from the outside. And there's some very, very important people here, like Joe Able,
who is a long time, Barth Green. These are people that I think should be heard from. I think,
though, I could ask them ... well, Jack is here. He's got his problems. A man his rank can
smell ... you know ... I just truthfully think that we've established a policy and I would hope that
people would realize that we're going to be operating within the parameters of that policy and
there would address the Commission in that vein, so I take it from there. I have no problem with
the public speaking.
Mayor Carollo: Can we establish the following guidelines: First of all, anyone that would like to
be heard, if they could come up and give their names to the City Clerk, so that he could then call
upon you in order so we can have an orderly process. Then each person will have two minutes to
address this body and if you can limit your statements to the motion at hand. So if Mr. Brennan
you've been there first patiently waiting, so if we could proceed then with you.
Mr. Brenner: Can we ... can we get J.L. to say I was polite too?
Vice Chairman Plummer: Who?
Mr. Brenner: He won't say that. Gentlemen, I'm here to ask you to open up Virrick Gym to the
children of this City. That's... that's why I'm here. Ten years ago I was out here essentially for
the same reason. Daniel, stand up for a minute. Before he becomes a grandfather... he was an
infant. He was an infant when I started. So before he becomes a grandfather, I would hope, if
the doors are open for the children of this community...
Vice Chairman Plummer: He's big for two years old.
Mr. Brenner: Huh?
Mayor Carollo: Is that Bobby's or David's?
Mr. Brenner: That's, Kathleen's.
Mayor Carollo: Oh, Kathleen's. O.K.
Mr. Brenner: David doesn't have any and Bobby has three.
Mayor Carollo: That you know. But anyway.
Mr. Brenner: I'm not talking. The deed restriction on...
102 May 12, 1998
Mayor Carollo: By the way, I went to school with David and Bobby. They're long time friends.
We were in the ... I don't know if I should say this ... same fraternity together, John? And John was
our chaperon, that kept us all out of trouble. Go ahead, John. We'll give you the time back. I'm
sorry to interrupt you.
Mr. Brenner: The deed restriction on this property says that the City may not take any money
from it, whatever monies or profits or however you want to describe it, leftovers. Has to go back
into the Park's Department. I'm concerned that we have a Crime Prevention Program and this is
a good place to start. The police are in support of this. You take them off the streets, the police
don't end up picking them up and this is really what it's all about. If, indeed, you intend that the
Parks Department should run this program ... now, I sat in a couple of meetings and it appeared to
me that the Y and Shake A Leg and the Parks Department had a pretty much good agreement and
they were ready to go on it. That apparently fell apart. But, if you do intend that the Parks
Department is going to run this program, I would hope that you would properly fund the Parks
Department and permit the director of the Parks Department to hire the type of talent that he
needs. We've got a city filled with friends, who are friends of friends and they're employees of
less than perfect talent. This is a job that's going to take a lot of talent and I would hope that he
can get ... he can be able to hire the proper talent. But please do fund the Parks Department, if this
is what your plan is. And please do press to get it open as soon as you can. Ten years is a long
time for the City of Miami. Thank you for letting us in.
Vice Chairman Plummer: Well, Mr. Mayor, if I may just one quick to John. John, it was not my
impression that the City would run the programs. The programs would be run by the individual
groups who wish to use it to have their programs. The City would be the management and to
avoid any long-term commitment outside of the control of the City of Miami of its waterfront.
Mr. Brenner: You cannot make a lease anyway. You can only make a management agreement.
I ... you can set the time frame. I think it's wonderful. But please do forge ahead.
Mayor Carollo: Thank you, John. Mr. Clerk, can you read the names of whoever is going to be
next?
Mr. Foeman: The next speaker is Bill Mauk.
Mr. Bill Mauk: My name is Bill Mauk and I'm on the Board of Directors of the YMCA and also
on their Executive Committee as well as the Chair of Shake A Leg. And I'm very pleased to be
here to, I think, provide you some information about a very important project that has great
community interest and can be of a great benefit to our community. I will be brief and I will be
direct. We have spent a lot of time in a variety of venues talking to a whole bunch of people
about the use of this site. We've participated in the charette. We've talked to various boards and
authorities. We've been in front of the Village Council. We've been in front of this council.
We've talked with the Park Department. We have interviewed and been part of various civic
group activities that have talked about this site, as well as we've participated in the Safe
Neighborhood Parks Bond Issue, raising money as well as helping in the passage of that issue.
This group, the YMCA and Shake A Leg, formed a strategic alliance. We put together a program
proposal that we think is of tremendous benefit to this community, using the full aspects of what
this site provides, which is access to water and also provides opportunities for people in our
community of all different skills, ethic, backgrounds, race to participate and have access to the
water. These programs are comprehensive, they're useful but I think, most importantly, besides
103 May 12, 1998
being useful, this strategic alliance is committed to providing the operating expenses for these
programs, every aspect of operating this site, as well as we're pledged to raise an additional two
million dollars ($2,000,000.00) of capital, beyond the five million that is available currently for
this facility. Let me talk just a little bit about your motion. One, I think we have a program and
we have a comprehensive one and you've talked about the needs for various groups to come and
use this facility. We're committed to access. We're committed to people of all backgrounds, all
organizations to use this facility. On the other hand, there needs to be choices made but those
choices may, in fact, influence the type of buildings that you want on the property. I do not think,
as part of this motion, that you should include any restrictions in terms of the City Manager and
the Parks Department looking at what these various activities that will be using this property,
what it needs. So I think that part of the... should be amended. Second of all, I think that this
idea, both by two Commissioners, in terms of a joint venture with Shake A Leg and YMCA, is
the best. It will not limit access. The facility that will be produced there as par ... will be used for
everyone who you want. There has been this question of relinquishing control. What does that
mean? The City will not relinquish control. The Parks Department will have oversight, will
participate in the management. One of the ways that you participate in management is to sign a
contract with the people that you want to manage that property and provide access to as well as
programs that you're interested in and you can put it as part of the management agreement. We
will negotiate a management agreement with you that will be open access. On the other hand,
there needs to be a coordinator. There needs to be people who make judgments about who
should be using the facility at any particular point and time. We will put up the operating
expenses. We'll provide in kind services to the City. We have come up with a very
comprehensive program with ... with the Parks Department, as far as what their use will be for the
property. So I think we have a tremendous opportunity here. Let me mention one other thing.
There has been continued discussion about the property and about parking. It is a real economic
issue. I'm a business person. I know what it means in terms of having parking for your business.
We want to make sure, in any of these agreements, that in fact the parking issue is directly
addressed. So we're committed. We care about people. We want to provide something and help
you provide something that is of great significance to the city and we think we can do it for you.
Mayor Carollo: Thank you, Bill. O.K. Who's the next speaker, please?
Mr. Foeman: Fernando Vivar.
Mr. Fernando Vivar: My name is Fernando Vivar. I live in the Roads section of Miami. I am a
father of two beautiful kids, both boys, who use the parks in the area. I'm here for the YMCA to
be one of the people using this park ... this particular structure. Reasons for it are great. The
YMCA has provided for my children and many children in the community a place, a home, a way
of staying off the streets. My kids are at a dangerous age, where the streets can make them very,
very mean. And these programs are providing for them a structured shelter where my kids are
safe. I feel good about them. I felt so good about them that I became a volunteer coach. I've
been coaching for particular league for the last two years. As a business owner, it's really
difficult to devote a couple, three hours a week on a weekday and then on weekends, for these
children and I do it because the programs work, the programs help, the programs that are keeping
kids that could be a danger to themselves out on the street, they're putting them in a place that's a
safe surrounding, safe environment with proper leadership. Basically, I won't take too much
more of your time. I hope you take that into consideration. Thank you for your time.
Mr. Foeman: Frank Balzabre.
104 May 12, 1998
Mayor Carollo: Who?
Mr. Foeman: Frank Balzabre.
Mayor Carollo: Oh, Frank. O.K.
Mr. Frank Balzabre: Mr. Mayor, fellow Commissioners. Thank you for your time for the
community to be heard. Frank Balzabre Chairman of the Coconut Grove Village Council. I too
had been attending these meetings, the City meetings, the staff meetings, and all relating to the
formation that I thought we would have a working agreement for you this afternoon. So,
basically, we are rehashing, Commissioner Plummer, the same thing we've been doing for six
weeks. We all agree that YMCA has the money. They want to fund the programs and we all
agree the City of Miami should perhaps either take the front lead and manage it or over... provide
an oversight committee, so to speak, and work in conjunction with Shake A Leg and YMCA.
The community is behind it. It's mandated by Federal Land Deed Restrictions that it be a
community center, open to all community citizens and visitors, and we recommend your support
for it. Thank you.
Mr. Al Johnson: Mr. Mayor, Commissioners, my name is Al Johnson. I reside at 3370 Poinciana
Avenue. I'd like to address this issue. I'd like to speak to the diversity and accessibility of the
Shake A Leg Program. I have two children, AJ and Jasmine, ages eight and seven. AJ is a
special needs child. He has cerebral palsy. Jasmine is a very bright and gifted young lady, who's
in the first grade at Carolton. Both these children have, for the past three years, gone sailing at
Shake A Leg. I can't tell you what it means to my family to have both my children provided with
an opportunity to enjoy one of the blessings of this particular environment, to be out there sailing
together. I can't tell you what it means to my family for my wife and I to have opportunity to do
things as a family. The Shake A Leg program is accessible. It has an extremely diverse program.
It's open to all and I encourage you to embrace this program and accept it and give it every
opportunity to succeed. I can't say anymore. It's a very personal issue with me and I hope you
appreciate that. Thank you very much.
Mr. Harry Horgan: Thank you, Mayor and Commissioners. My name is Harry Horgan. I'm the
Executive Director for Shake A Leg. And since 1990 you guys gave us an opportunity to get
together with your Parks Department and open up Biscayne Bay to people with disabilities. It's
been a true pleasure working with Al Ruder and the whole Parks Department. It's been a
partnership that we set out with a goal at the beginning and we've been working at expanding the
number of people served ever since. After Hurricane Andrew and devastation at the building and
the community got together, we participated and the community said we want to expand this to
all people. We raised our hands and said we'd like to work with you to make that happen. We
had been working with over 60 community -based organizations that are based around the Dade
County and it's through these collaborations that we've been able to reach out and serve a diverse
group, not just taking them out on the water, but helping them to develop self-esteem, building
friendships, developing new skills. Leading these kids back into a positive frame of life. We
look forward to expanding our relationship with you and with the Parks Department. It is the
Parks Department that has done a supper job in offering recreational activities throughout the
City. We have the expertise, together with the YMCA, to bring resources both personal and
financial resources to the table and take this property and turn it into a world class center as all
you would like and we're here to work with you to make that happen. Thank you.
105 May 12, 1998
Mr. Foeman: Barth Green.
Mayor Carollo: Who's next?
Mr. Foeman: Barth Green.
Mayor Carollo: O.K.
Commissioner Gort: I have to be gone in a little while.
Vice Chairman Plummer: You know, you just can't say Barth Green. You've got to say Dr.
Barth Green, one of the most recognized, orthopedic, neuroman in the world. And let me tell
you, this man, I have the greatest, greatest respect in the world for and for what he has done in his
involvement.
Mr. Barth Green: Thank you very much. It's an honor to be able to speak in front of this group.
I'm here in total support of everything that was said today and I just want to make a couple, very
brief remarks. Number one, I live in Miami. I'm a taxpayer. I'm not coming here as a doctor or
researcher but as someone who cares deeply about our community and our resources. Number
two, I'm coming as a volunteer and you see some of the best of what Miami has as far as
leadership and organization standing before you and sitting before you today. We're all here, not
to make a penny or not to gain any power or any position but to help be part of this community
and make it better and please have no doubts about that. There's no hidden agendas. What you
see is what you get. What we'd like to do is exactly what you suggested, we'd like to work under
the direction/supervision of the Parks Department and to be able to have this coalition of Shake A
Leg and the YMCA manage your facility under their direction and make it a world class center
for sailing and sports that's accessible to every group you mentioned. Everybody would be
welcomed. What we would bring to the table is not only our commitment. Our own time and our
blood, sweat, and tears. We are committing to raise millions of dollars. We are the private
sector, yes. But we're a non-profit volunteer. We're citizens. We want to raise the money. We
want to make this work. We want to work with you. We have no interest in controlling parking
or obstructing anybody's private business interest. We're capitalists. We believe in America.
We believe in everything that's right about this. What we want to do is have this program
become the greatest program in the world and I hope you all allow us to do that. Thank you.
Mr. Foeman: Mariano Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami. Somebody was telling
me a few minutes ago that what I was going to talk about the Virrick Gym since it was in
Coconut Grove. I live in Allapattah. Say, well, Elizabeth Virrick is in the City of Miami, within
the city limits. Maybe it's part of the village of Coconut Grove. You know, it's spelled different.
But still it's within the city limits and I am a city taxpayer and whatever happen here would affect
my taxes there, especially, also for the federal taxes they get Community Development money
there to fix all that and they bond issue for the County, for the gym. And what I'm concerned is,
this ... I read so much about that. See, 1 don't come around here. But I am with the Parks
Department, everything that happen. I've been lobbying for the Parks Department for more than
20 years and what concern me is the waterfront use because there's been so many things about
the ... you know, the Monte's and ... what you call that? Merrill Stevens, Santana Marine thing and
106 May 12, 1998
all that. You know, so many things going on for so many years. I wonder ... see, I wonder, the
City should be fiscalizing whatever is going on there because what I don't want is private gain. I
want the children to use it. And maybe they can go in and do and get some children from
Allapattah and boating here and used go sailing and all that there. I don't know how many
children from Allapattah are going there, but we live in the city. And the only thing they do
there... whenever they don't want anything there, the Coconut people don't want, like the Naval
Reserve to used for the homeless. Oh, but the homeless okay to have in Bobby Maduro Miami
Stadium there but not ... not around here. So I say, don't get ... don't use the children all this for a
thing. Be even. Do the common good. Be good for everybody. Allapattah and Coconut Grove,
we are part of the same city. We are part of the City of Miami. It's not ... we don't live in
vacuums or sealed compartments, you know. We live in a whole City. Thank you.
Mayor Carollo: Thank you. Next.
Mr. Foeman: Christine Sequenzia.
Vice Chairman Plummer: Are we finished?
Mayor Carollo: No, we have more people. How many more people do we have there?
Commissioner Gort: I got to go in a little while, I can tell you.
Mr. Foeman: Four more.
Mayor Carollo: Four more? O.K. All right. We have four more people. Christine, go ahead.
Ms. Christine Sequenzia: Thank you, Mayor. Thank you for allowing me to address you today.
My name is Christine Sequenzia and I am the president of and executive director of Disabilities
and Possibilities Foundation. For those of you who don't know what that is ... you don't know
what that is, it's a ... on your station everyday in Dade County. It films people with disabilities and
shows the possibilities in their lives and we're very proud of that. But I really am
concerned ... and I know I only have two minutes. As to what I'm listening to today and I
originally was going to talk about ... we had an alliance with Harriett Shake A Leg and there was a
Disability's Day on the bay because, at one time, it was basically just for people with physical
disabilities and when Harry and I got working together, he asked and I asked if he would extend
that to people that had other types of disabilities and he did. He expected a hundred people that
day. He had more than four hundred. Mayor, you know, do you know, some of those live in the
City of Miami? Four hundred people came to that sailing and some of them had never seen the
bay before. So I guess what I'm saying to you is that I've been with Harry for the last three and a
half years. Also on the trust for Safe Neighborhood Parks, I was one of the campaign
coordinators. I worked with Bill Mauk and we went and we sat down and we brainstormed as to
how we could help the City of Miami and Dade County specifically to form a world class water
center. Yes, it would cater to people with disabilities. Lord knows there's nothing like that
around. We are under funded. The whole population is under funded and under served. You
don't have to go to any stats to see that. But what has come out of that is a lot more and I went to
meetings at the City of Miami, Mayor. I went to the Parks meetings, where a contract and a
management agreement was being discussed three years ago and today it's like all bets are off
and it's back to where it was before. And I don't think that that was the spirit that everyone met
in and did this three years ago. Certainly not Mr. Mauk. Certainly not myself. Certainly not the
107 May 12, 1998
YMCA. Everyone has spent a sizable amount of time on this project, sir, including the architects.
I mean, there have been plans drawn for over two years. It sounds like we're back to square one,
Commissioner Plummer, and that disturbs me and that's what I wanted to say. Thank you.
Mr. Monk Terry: Good evening. Monk Terry, 1896 Tigertail. I've also been watching this for
many, many years. Both as a resident of Tigertail and on the Village Council and so on. I've
worked with Mr. Ruder. I have ... there's no question in my mind that he can run any program, as
long as he's got the resources. So now we have the resources. With his supervision, we have the
resources, we've tilled the land, we've planted the seeds. Everything is ready and I, too, am very
concerned that ... that what you all have been talking about this afternoon is a delaying tactic,
maybe not intentionally. I get extremely worried when I hear about tearing down the pink
building for more parking. That is not what this about. This is about programs and it's time to
get it rolling. Thank you.
Mr. Foeman: Mireya Martinez.
Ms. Mireya Martinez: Good afternoon, Mr. Mayor, Commissioners. I'm Mireya Martinez. I'm
the director of the Hispanic Coalition Youth and Family Program. I'm here to let you know what
Shake A Leg has done for the Group at Risk that I am able to manage. My kids doors were
closed in every place that I went asking for help. And three years ago Mr. Horgan opened a door
for me. Nowadays is the mentor group from Shake A Leg, my at risk group, these kids not only
are doing something productive, but working with the disabled, growing as human beings and not
only that, Mr. Horgan gave opportunity to two of my youth to work as part-timers after school in
Shake A Leg. I have nothing negative to say about Shake A Leg. The only thing that I'm asking
for you, Mr. Mayor and Commissioners, I have no doubt that you will embrace this project and
this joint venture. Thank you so much.
Mr. Foeman: Bruce Reep.
Mr. Bruce Reep: My name is Bruce Reep. I'm a volunteer coach in the Grove for the last four
years. Half of ..over half of my kids come from the West Grove, the YMCA, and under PAL. I
work for both groups and these kids are in there for free. Thank you, Y and thank you PAL for
helping these kids. I'm here to talk to you about your actual resolution you're thinking of
passing. I don't know where in the world the logic is to have a land base, which is required,
organization, as well as water based, where are you going to put both of them if you say this is
the only footprint you're going to have? You tear down the pink building, that's fine only when
you decide who's going to be here and what amount of space they need. You're also going to
probably have to go before the State on a Section 106 because it's historical, just as the building
across the driveway as up on the naval base, they're all historical. You're going to have to do a
Section 106 of the state of Florida . My main concern, though, is where in the world is the
logic? Where are you going to have administration offices? In the middle of the basketball
court? The boats. You're going to have to have places to put some of the kayaks outside
underneath racks. Nestor came, the City came, PAL came, all of us have met together with Mr.
Ruder as the leading person. Yes, the Parks Department is leading the way in this. Shake A Leg
and the YMCA. Let's talk about the YMCA. They're offering five million dollars
($5,000,000.00)... almost a million dollars ($1,000,000.00) a year in what they estimate that's it's
going to cost in the budget. You have 3.8 million in Safe Neighborhood Parks money. This
money can't be moved. That has to be spent here. The one million two hundred thousand that
the City has already spent, eight hundred thousand is your insurance money, four hundred
108 May 12, 1998
41L
thousand is state historic funds. You have these funds. How are you going to build a five million
dollar ($5,000,000.00) project and then turn around and limit the amount of footprint that you're
going to have? You have to give these kids a place to play. Think wisely before you pass a
resolution limiting the footprint or taking the pink building out, until you know who's going in.
Thank you.
Mr. Foeman: Peter Pomeranz.
Vice Chairman Plummer: It was in the part of the motion was not to take the building out or to
restore the building, but to find out the real condition of the building as to whether or not it
should or should not be replaced. So I ... you know, I...
Mr. Reep: The footprint, though. The footprint.
Vice Chairman Plummer: I hear you, but I'm saying is, no decision's been made.
Mr. Reep: O.K.
Mr. Peter Pomeranz: What I can't understand here ... my name is Peter Pomeranz and I'm a
volunteer for Shake A Leg. I'm a businessman and I have no monetary interest, except to help
everybody who has a disability that I can. I have a son who is developmentally disabled and
fortunately, upon his entry into the activities of Shake A Leg, it has changed his life completely.
But I don't want to talk just from a personal viewpoint, but I do want to address just the human
side here. I think we all know what politics is. We've all been involved in politics, whether you
sit on boards or whether you're on the Commission or not, but it seems that the focus is missing
here of who's going to manage this and who's going to manage that and who's going to have the
power to do this and that. I have watched three people in wheelchairs, Harry Horgan, Bruce
Klein, and Alan Fish, run Shake A Leg all by themselves. Bring thousands of people down.
Thousands of people down every single year and they just go away with a different expression on
their face. Quadriplegics, who are put into a boat, had never smiled until they're out in the water
there. They're not doing anything but sailing. This is something that seems to be lost here in all
the discussion that I've heard. I mean, all I've heard is like destroy the pink building, let's get a
parking lot, let's do this, let's do that. As someone said before, this has been all set up. How
many organizations do you want to bring down? The PAL, The Young Lady Soccer League,
the ... I mean, this is a small area. How many square feet are down here on this dock? And Harry
and Company has done like an incredible job. You should want him to do the managing. You
guys can't do it. You have too much to do. You have a city to manage. Believe me, it's harder
for what you have to do than what he has to do, but he can do it and everybody ... and everyone of
us is putting in our time to help him do it. And they'll be more of us where I come from and
where the others come from. I guarantee you. That's all I have to say.
Mr. Foeman: Kate Terry.
Ms. Kate Terry: Yes. Good evening. My name is Kate Terry. I live at 1896 Tigertail. I'm here
as a member of the Board of Directors of the Coconut Grove Civic Club, the largest civic
organization in the village of Coconut Grove, within the City of Miami. We're here to endorse
everything that people have said here. To endorse what Harry Horgan has said and we would
like you all to go ahead with this and we ... please, please, ask you to try to put the politics aside at
this moment. I'm also wearing another hat and that is I'm a social worker at Ponce de Leon
109 May 12, 1998
Middle School. I work with 12 at risk young women. I asked them this week, all of them have
never, ever seen the waterfront and they live in the West Grove. So we're looking forward to
working with this program. I just hope that you all will not stall any further and go ahead with it.
Thank you very much.
Vice Chairman Plummer: That's it?
Mr. Tyrone Badeas: Mr. Mayor, can I say something?
Mayor Carollo: All right. Well, sir, you're going to be the last person. We're going to close
the...
Mr. Badeas: That will be fine. Each of you received a written note from me. I'm Tyrone
Badeas. I'm the Executive Director for Community Crusade Against Drugs. I just want to ditto
what Mr. Pomeranz and others said. We have spent about six thousand dollars ($6,000.00)
bussing in North Dade Community to Shake A Leg. We've had a wonderful relationship and in
two weeks, we will have exposed four hundred inner city youth to sailing from Lilly C.
Elementary School and Crestview Elementary School and I hope that we'll have a continuing
network with Shake A Leg under the leadership of Shake A Leg, with the help of the City of
Miami Parks and Recreation, that oversee opening up your pool so we have less drownings.
Thank you.
Mayor Carollo: All right. We're back to the Commission. Is Commissioner Gort still here?
Vice Chairman Plummer: I think so.
Mayor Carollo: Is there any further discussion from the Commission on this item?
Vice Chairman Plummer: Call the roll.
Mayor Carollo: Well, lets get Commissioner Gort here.
Vice Chairman Plummer: Then don't call the roll. Here he comes.
Mayor Carollo: Commissioner, we're calling the roll now on the motion we had at hand
Commissioner Gort: All right.
Mayor Carollo: O.K. The motion that we had before us was a motion assigning and designating
the Miami Parks and Recreation Department to be the manager of the facility, for them to work
with all the groups that were mentioned here, PAL, Shake A Leg, YMCA, and others and
curtailing the footprint of any additional construction at that site and then having the Manager
come back and advising as to the recommendations of the administration on the pink building.
Can you call the roll, please.
Commissioner Regalado: Mr. Mayor, just ... because most of the members of the community that
have spoken have raised the issue of don't delay ... don't delay this anymore. We say to the
Manager, can you come back in certain time to the ... report to the community and to the
Commission as soon as possible. And, as soon as possible, I guess, it means maybe next month,
110 May 12, 1998
at least would you have an idea of what do we have to decide and ... and the people will have a
date ... as a matter of fact, we're seeing construction now but to start the real work on that gym.
Vice Chairman Plummer: I ... just let me make one comment. I guess my comment's to Mr.
Ruder. It is my understanding or my feeling that, Mr. Ruder, you will come back through the
Manager to this Commission once you have made any determinations as to the allocation of
space and to the allocations of how things will be operated for this Commission's final approval.
You don't have to answer. You don't have to answer.
Mr. Garcia -Pedrosa: The director...
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Gort: I'd like to ... for the administration to consider a lot of the work that has
been put in place and lot of meeting has been taking place for the different groups in here, that
you would take into consideration, look at it, because this is a lot of work that been put ... and see
how much of that can be incorporated into the plans. I'm ready.
Mayor Carollo: Call the roll, please.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-473
A MOTION DIRECTING THE CITY MANAGER TO LIMIT
CONSTRUCTION ON THE VIRRICK GYM SITE; FURTHER
DIRECTING THE MANAGER TO COME BACK BEFORE THE
CITY COMMISSION WITH A RECOMMENDATION
CONCERNING WHETHER TO DEMOLISH THE PINK BUILDING
NEAR SAID SITE (2600 SOUTH BAYSHORE DRIVE); FURTHER
DIRECTING THE MANAGER TO HAVE THE PARKS
DEPARTMENT MANAGE VIRRICK GYM; FURTHER
STIPULATING THAT THE CITY COMMISSION TOGETHER WITH
THE PARKS DEPARTMENT WILL DETERMINE WHAT
ORGANIZATIONS WILL BE ALLOWED AT SAID LOCATION,
BEGINNING WITH SHAKE -A -LEG, POLICE ATHLETIC LEAGUE,
ET CETERA.
111 May 12, 1998
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mayor Carollo: The motion passes unanimously.
Vice Chairman Plummer: Well, can we set some kind of a timetable?
Commissioner Regalado: Next month.
Vice Chairman Plummer: Well...
Commissioner Regalado: Next month for the Manager to come back...
Vice Chairman Plummer: Can you do it by next month? If you can, that's fantastic.
Mayor Carollo: Well, he should try to make an attempt to do it by June.
Vice Chairman Plummer: Well, are you ... are you comfortable being able to come back next
month with some definitive ideas?
Mr. Garcia -Pedrosa: The second meeting in June, I think that's the best month.
Mayor Carollo: That's fine.
Vice Chairman Plummer: Just so you know. So, in other words, we're telling everybody here
right now that the second meeting in June you're welcome to come back. It's going to be on the
agenda. Is that what we're telling them right now?
Mr. Garcia -Pedrosa: June 23rd, yes, sir.
Vice Chairman Plummer: O.K. So it's a time certain.
Commissioner Regalado: Date certain.
Vice Chairman Plummer: Date certain. Come on.
Mayor Carollo: Date certain.
Vice Chairman Plummer: Our days run so damn long, what difference does it make?
112 May 12, 1998
Mr. Reep: Can it be after five o'clock again, so that ... as it's been...
Vice Chairman Plummer: No.
Mr. Reep: As it's been promised at all the charettes and all the other things on this Virrick Gym?
Vice Chairman Plummer: No. Your five o'clock runs in for ever and ever.
Mayor Carollo: Thank you.
Mr. Reed: Just so that the public can be here.
Mayor Carollo: Thank you all very much for coming. We appreciate it and we're now on
Item...
Commissioner Gort: Mr. Mayor, before you go on, it's important to understand everything
that's been stated here, we all agree with that. The thing is, bring all this together and put it into
one program where we can all agree on it. That's all. But we all understand the program. I
think they're very good and we're backing them up a hundred percent. I think it's important for
everybody to understand that.
Mayor Carollo: Thank you. O.K.
25. REAFFIRMCURRENT APPOINTMENTS OF ELECTED OFFICIALS AS MEMBERS
OF BOARDS'.
Vice Chairman Plummer: Where are we?
Mayor Carollo: We're on Item 20.
Mr. Jose Garcia -Pedrosa (City Manager): This is a discussion item the Clerk had requested.
Mayor Carollo: Yeah.
Mr. Walter J. Foeman (City Clerk): Mr. Mayor, these are the annual board appointments that
Commissioners appoints to the board.
Mayor Carollo: Well, if there are no changes the Commission would like to make, that we just
want to extend all these appoints for another year like this?
Mr. Foeman: Originally, they were actually made January... January of this year.
Mayor Carollo: January of this year.
Mr. Foeman: But the code says we should bring this issue back each year, 30 days before...
Vice Chairman Plummer: I move that the January appointments be reaffirmed for another year.
113 May 12, 1998
Commissioner Gort: Second.
Vice Chairman Plummer: Is that what you're looking for?
Mr. Foeman: Yes.
Mayor Carollo: Hold on. If it was brought up January of this year...
Vice Chairman Plummer: Yeah.
Mayor Carollo: ...the Code says that it should be brought up 30 days prior to the ending?
Mr. Foeman: Prior to June 1 st.
Mayor Carollo: Oh, prior to June 1 st.
Vice Chairman Plummer: And the reason for that, Mr. Mayor, we made changes in the structure
of how they were done.
Mayor Carollo: Yeah, I remember. Yeah. That's fine. All right. There's a motion by
Commissioner Plummer. Second by Commissioner Gort. All in favor, signify by saying "aye."
O.K.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-474
A RESOLUTION APPOINTING MEMBERS OF THE MIAMI CITY
COMMISSION TO SERVE AS CHAIRPERSONS AND/OR
MEMBERS ON VARIOUS CITY TRUSTS, AUTHORITIES,
BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
114
10
May 12, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mayor Carollo: O.K. Twenty-one we did already.
Vice Chairman Plummer: Twenty-two.
Mayor Carollo: Twenty-two.
Vice Chairman Plummer: Mr. Manager.
Mr. Jose Garcia -Pedrosa (City Manager): Mr. Mayor, Item 22 is a discussion item concerning
the Parrot Jungle Section 108 loan.
Mayor Carollo: It's the same ... excuse me, Mr. Manager. I'm sorry. It's the same as the one that
we did at the last meeting, correct?
Mr. Garcia -Pedrosa: I'm sorry?
Mayor Carollo: This is the same as the item we did at the last meeting with the corrections that
the County Manager had requested?
Mr. Garcia -Pedrosa: Well, no, there's a little bit more to it.
Mayor Carollo: O.K. All right, then I apologize.
Mr. Garcia -Pedrosa: No, no. We did the analysis that we were instructed to make...
Mayor Carollo: Yeah.
115 May 12, 1998
Mr. Garcia -Pedrosa: ...on April 14th and the very quick summary of it is that the financials show
the project to be viable. The assumptions are deemed to be reasonable, in some places
conservative. But the project has a significant regional impact that may not have been taken into
account at the time that the matter was presented to the County Commission. So there's basically
two recommendations: One, is that the bullets that you see on pages two and three of the
Commission memoranda, be added, that is to say that there be economic incentives in the
WAGES (Work and Gains Economic Self -Sufficiency Coalition) Program, Urban Jobs Program,
and so forth that reduce the requirement of the loan ... the amount of the loan. Second, that, based
upon those and any additional resources, the loan amount therefore be reduced accordingly.
Three, that obviously any HUD requirements be made a part of this transaction. And fourth, that
if the loan should go into default before the City's obligation kicks in, that there be an escape
clause or, in essence, we're not required to take over a loan that's already been placed in default.
Having said all of that, at the threshold, the suggestion or recommendation is made that the matter
be presented to the County perhaps again, if you will, for them to consider the project as we think
it really is. This is not simply a City of Miami project.
Mayor Carollo: It's not. It's a regional project.
Mr. Garcia -Pedrosa: Right. And I think, perhaps, the County Commission may have deemed the
matter to be essentially an a combination to the City, given our financial condition, when an
important fact because of it's regional significance, we would hope that the County be able to
shoulder a heavier responsibility financially for the project, and so the recommendation would be
in that regard that the ... that effort be made with respect to Miami -Dade County so that the 80
percent City participation be diminished accordingly. The only other conclusion that the analysis
disclosed is that if that fails and if the City wishes to go forward with 80 percent, there be
identifiable benefit to taking over 100 percent of the loan and doing it ourselves, and that would
really only increase our potential liability and diminish the availability of Section 108 money for
US.
Vice Chairman Plummer: So what action are you looking for us to take today?
Mr. Garcia -Pedrosa: First a direction that the matter be presented to the County again with a
request that ... and with a presentation that gives it what we think is it's true flavor, which is
regional impact program, with the request that the County expand its financial participation.
Vice Chairman Plummer: So moved.
Mayor Carollo: O.K. There's a motion.
Commissioner Gort: Second.
Mayor Carollo: There's a second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
116 May 12, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-475
A MOTION ACCEPTING THE RECOMMENDATIONS AS
PRESENTED BY THE CITY MANAGER IN CONNECTION WITH
SECTION 108 LOAN FOR PARROT JUNGLE ON WATSON
ISLAND (AS MORE FULLY CONTAINED IN PAGES 2 AND 3 OF
THE MANAGER'S MEMORANDUM TO THE CITY COMMISSION,
DATED APRIL 28TH) AS FOLLOWS:
ECONOMIC INCENTIVES THROUGH THE WAGES
PROGRAM, THE URBAN JOBS CREDIT PROGRAM OR OTHER
GRANT PROGRAMS SHOULD BE PURSUED AND REQUIRED AS
A PART OF THE SECTION 108 LOAN AGREEMENT, THEREBY
REDUCING FIXED OPERATING EXPENSES AND ENSURING A
DIRECT BENEFIT TO THE LOCAL JOB MARKET;
BASED UPON ANY ADDITIONAL RESOURCES THAT
MAY BE DEDICATED TO THIS PROJECT THROUGH ECONOMIC
INCENTIVES OR OTHER GRANT PROGRAMS, THE LOAN
AMOUNT SHOULD BE REDUCED ACCORDINGLY;
THIS LOAN IS SUBJECT TO THE REVIEW AND
APPROVAL BY HUD AND ANY ADDITIONAL CONDITIONS OR
COLLATERAL THAT HUD MAY REQUIRE;
THE JOINT PARTICIPATION AGREEMENT BETWEEN
MIAMI-DADE COUNTY AND THE CITY SHOULD BE MODIFIED
TO PROVIDE FOR THE CITY TO SUBSTITUTE ITSELF AS A
GUARANTOR FOR A MAXIMUM OF 80 PERCENT OF THE
COUNTY'S LOAN GUARANTEE PROVIDED THAT THE COUNTY
LOAN IS CURRENT, AND NO EVENT OF DEFAULT IS IN
EXISTENCE UNDER THE COUNTY LOAN AT SUCH TIME AS
THE GUARANTEE REPLACEMENT OCCURS;
FURTHER AUTHORIZING AND DIRECTING THE CITY
MANAGER TO FORWARD TO MIAMI-DADE COUNTY FOR ITS
APPROVAL THE JOINT PARTICIPATION AGREEMENT
(BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY
IN CONNECTION WITH THE SECTION 108 LOAN FOR PARROT
JUNGLE ON WATSON ISLAND); FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER UPON FORWARDING SAID
AGREEMENT, TO EMPHASIZE THE REGIONAL IMPACT OF THE
PARROT JUNGLE PROJECT TO BE DEVELOPED ON WATSON
ISLAND, AND TO REQUIRE MIAMI-DADE COUNTY TO EXPAND
ITS FINANCIAL PARTICIPATION FOR SAID PROJECT.
117 May 12, 1998
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer: Mr. Mayor, on Item 23, there was a problem existing before in
reference to a program for the Parks Department and I would ask to ... that this matter has been
before the Manager and the City Attorney. That the Parks Department will issue a bid for the
playground containing recyclable materials for six playgrounds out of the 30 playgrounds
previously approved by Resolution 98-236 adopted March loth to be brought back for City
Commission approval by the second meeting of June. Mr. Mayor, I so move.
Commissioner Gort: Second.
Mayor Carollo: Is there a second?
Vice Chairman Plummer: Yes, sir.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
118
May 12, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-476
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ISSUE REQUEST FOR PROPOSALS FOR
PLAYGROUND APPARATUS MADE WITH RECYCLABLE
MATERIALS FOR SIX OUR OF 30 CITY OF MIAMI
PLAYGROUNDS, WHICH WAS PREVIOUSLY APPROVED BY
RESOLUTION NO. 98-236, ADOPTED ON MARCH 10, 1998, CITY
COMMISSION AGENDA TO BE BROUGHT BACK FOR CITY
COMMISSION APPROVAL BY THE JUNE 23, 1998 CITY
COMMISSION MEETING.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer: Are we going to go through this arduous process...
Commissioner Gort: Mr. Mayor?
Vice Chairman Plummer: ...of appointing all these boards?
Commissioner Gort: J.L., excuse me. I'm suppose to have been out of here by 6:30.
Vice Chairman Plummer: Well then, leave.
Commissioner Gort: I thought it was going to be a real short meeting, but looking at the
agenda ... Mr. Mayor, if I may?
Mayor Carollo: Yes.
119 May 12, 1998
Commissioner Gort: There's two appointments that we and was approved, but,
unfortunately ... this is the first time I've ever done that in my life, J.L. You do it all the time. We
need to reconfirm the appointments of Alvin West and Juan Carlos Mas to the DDA.
Mayor Carollo: O.K.
Vice Chairman Plummer: I move to deny.
Commissioner Gort: And then the Jack Peeples as representative of the governor and Jimmy
Morales as representative of the County.
Vice Chairman Plummer: Excuse me. I don't think that he can appoint ... Jack Peeples would be
an excellent board member, but I think it has to be a member of the cabinet.
Commissioner Gort: No, sir.
Vice Chairman Plummer: I think that's in the Charter.
Commissioner Gort: No, sir.
Vice Chairman Plummer: On DDA? Willy, I think, as well, it has to be a Metro -Dade County
Commissioner...
Commissioner Gort: Well, J.L., for the last ... for the last...
Vice Chairman Plummer: O.K. If I'm wrong, I'm wrong.
Commissioner Gort: ...eight years, we've been doing it incorrectly then and illegally.
Vice Chairman Plummer: Who have you had?
Commissioner Gort: I've had Jack Peeples there for the last four years.
Vice Chairman Plummer: Representing the Governor's office?
Commissioner Gort: Yes, sir.
Vice Chairman Plummer: Then I think you've been doing it wrong. Hey, that's fine with me. If
he can be there, that's fine. I think you couldn't do better. I think, when I was there, it was
Secretary of...
Commissioner Gort: Yeah, but I was told anybody.
Vice Chairman Plummer: Fine.
Mr. Alejandro Vilarello (City Attorney): Commissioner, through the Mayor, apparently it does
require a member of the cabinet.
Commissioner Gort: Is that in there?
120 May 12, 1998
Mr. Vilarello: That...
Commissioner Gort: You looked it up?
Mr. Vilarello: Mr. Maxwell just looked it up for me and...
Commissioner Hernandez: Where is the legal opinion for the last eight years?
Mr. Vilarello: Excuse me, Commissioner. I'll let you know for sure in a second.
Commissioner Gort: O.K., thank you. Appreciate it.
Vice Chairman Plummer: All right. Are you finished now?
Commissioner Gort: Yes, sir.
Vice Chairman Plummer: Going out of turn and out of line and both of...
Commissioner Gort: Yes, sir.
Mr. Foeman: Are we going to call the roll?
Vice Chairman Plummer: Yeah, next week. Well, you've got to first make a determination
whether the second appointment he can make, but I'll ... I'll make a motion that the names
surrendered be approved.
Commissioner Gort: Second.
Mayor Carollo: It's a motion.
Vice Chairman Plummer: If it's out of line, then they'll have to correct it.
Mayor Carollo: There's a second by Commissioner Gort. All in favor, signify by saying "aye."
Mayor Carollo: It passes unanimously.
The Commission (Collectively): Aye.
121 May 12, 1998
The following resolution and motion were introduced by Commissioner Plummer, who moved
their adoption:
RESOLUTION NO. 98-477
A RESOLUTION CONFIRMING THE APPOINTMENT OF CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE BOARD OF
DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
MOTION NO.98-477.1
A MOTION REAFFIRMING THE APPOINTMENTS OF L. GRANT
"JACK" PEEPLES AND JIMMY MORALES AS MEMBERS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY.
Upon being seconded by Commissioner Gort, the resolution and motion were passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer: No pocket items.
Commissioner Gort: Mr. Mayor, I have to leave but I have a request from Commissioner Teele.
We had a request resolution with the relocation of project ... the WTVJ/NBC 6 and this will be a
resolution approving in principle an agreement between Sawyers Walk, Ltd., and Southport
Company and MC Squared Partners collectively known as the MCMC Joint Venture relating to
certain development rights with respect to three parcels in the City of Miami known as Blocks 45,
55 and 56.
Mr. Vilarello: If it's appoint...
122 May 12, 1998
Commissioner Gort: We have some representative from the CRA in here, if we could listen to
him.
Vice Chairman Plummer: Well, I'll listen to it but I'm not in a position to vote for it today. ]
want to be honest with you. No. I mean, hey, this ... I don't even know what you're talking about.
So don't ask me to vote on something that I haven't even seen.
Mr. Erdal Donmez: My name is Erdal Donmez from Community Redevelopment Agency.
Commissioner Plummer, first of all, this meeting has to be conducted as a CRA board and you
might want to reconvene as CRA board to...
Commissioner Regalado: We haven't done all the appointments, so we can't do it now.
Vice Chairman Plummer: No, no, no, no.
Commissioner Hernandez: Who's the vice chairman?
Mr. Donmez: We have been...
Commissioner Regalado: We don't have one.
Commissioner Hernandez: We don't have one.
Commissioner Regalado: We don't have it, Vice Chairman, so we can't have a CRA meeting
now or...
Vice Chairman Plummer: Well, no. But I was going to discuss ... but Willie Gort's got to run and
I ... Mr. Manager, I would hope that we could consider ... we do have some flexibility on what we
have left of our 108 and I think that, with our 108, we can talk to WTVJ about a 108 loan. Is
that ... is that here?
Mr. Donmez: Commissioner, if I may. The Community Redevelopment Agency has a 108
capacity for about 2.9 million dollars ($2,900,000) and what you're suggesting is throwing down
six hundred thousand dollars ($600,000) to assist us in a project to go forward. And we're also
proposing that the City to help the CRA to repay the loan in the next 15 years in a period.
Vice Chairman Plummer: Sir, that's all well and good but you can't come here to this meeting
and lay papers in front of me and ask me to vote on something I haven't seen before this.
Commissioner Gort: Excuse me. I was requested by Commissioner Teele's office if we could
have this as a pocket item. If you guys don't feel comfortable with it, we can always bring a
special meeting to CRA...
Mr. Donmez: If I may, Commissioner. This...
Commissioner Gort: There's no way you're going to convince them today, the way I look at it.
Vice Chairman Plummer: Do you want to vote on it?
123 May 12, 1998
Mr. Donmez: This is really approval in principle and you're not really approving any documents
related to the City.
Mayor Carollo: There are two different items at hand here. One is a resolution by the CRA,
which obviously cannot be done here now for the reasons stated and others too. There has been
no public notification the CRA's meeting, so that would be faulty. That could quickly be done
though, the minute that we know we have something that's a hundred percent. The one that I
think we could do, in principle only, if the Commission would decide to go along with it, is for
the Commission to consider approving a resolution authorizing the CRA to draw down a amount
not to exceed six hundred thousand from the Section 108 allocation that will close a financial gap
the project currently faces, while providing for its repayment over a 10 to 20 year period from
future years of CDBG (Community Development Block Grant) funding. This is a conceptual
approval only. It's not binding, but it's a statement of agreement in principle. And, of course,
prior to closing final approval for all transactions that are anticipated herein will remain with the
CRA board and the City Commission.
Commissioner Gort: Move it.
Mayor Carollo: It's a simple...
Vice Chairman Plummer: Mr. Mayor, in principle, I have no problem. But it's got to be in
principle.
Mayor Carollo: ...forthright. Motion. O.K. Yeah. There's a motion by Commissioner Gort.
Second by Commissioner Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.98-478
A MOTION IN SUPPORT OF THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVING, IN PRINCIPLE,
THE ALLOCATION OF AN AMOUNT NOT TO EXCEED
$600,000.00 FROM ITS SECTION 108 ALLOCATION THAT
WOULD CLOSE THE FINANCIAL GAP OF THE MCMC JOINT
VENTURE RELATING TO CERTAIN DEVELOPMENT RIGHTS
WITH RESPECT TO THREE PARCELS IN THE CITY OF MIAMI
KNOW AS "BLOCKS 45, 55 AND 56;" FURTHER PROVIDING FOR
ITS REPAYMENT OVER A 10-20 YEAR PERIOD FROM FUTURE
YEARS OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING; FURTHER STIPULATING THAT PRIOR TO
FINAL APPROVAL, ALL TRANSACTIONS WHICH ARE
ANTICIPATED HEREIN WILL REMAIN WITH THE CRA BOARD
AND THE CITY COMMISSION.
124 May 12, 1998
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Gort: Mr. Mayor, thank you. I appreciate it. Unfortunately, I have to leave now.
Mayor Carollo: We understand, Commissioner.
NOTE FOR THE RECORD: AT 6:48 P.M. COMMISSIONER GORT
EXITED THE COMMISSION CHAMBERS.
Vice Chairman Plummer: Good. I'm glad we got rid of you. Don't come back no more.
Mayor Carollo: If we need for the CRA Board to meet, then I suggest that someone gets a hold
of me so that we could try to go about it and advertise it as quickly as we can and call a meeting
then.
Commissioner Regalado: Mr. Mayor, what...
Mayor Carollo: But we also need everything to go through the City Attorney and the attorney of
the CRA to make sure that we're coordinating this correctly.
Mr. Donmez: Mr. Mayor, time is the essence, you know, for this particular transaction and the
CRA approval of the item is not really approval of any documents between the CRA and the
developers, you know, per se. It's really the ratification of the agreement between the two parties
and what we're asking is the respective parties to come back with the lease agreement. You will
have several opportunities to discuss and also approve. And what the developer... new developer
is asking is for the purpose of convincing the NBC 6 Station that we are committed and there is
a ... you know, a deal in the making. We need the CRA's ratification of this particular...
Mayor Carollo: But we...
Vice Chairman Plummer: We don't do business this way.
Mayor Carollo: Well, it's not only not doing business this way, but it's a point of not being
legally able to do it in the way that you're asking.
Vice Chairman Plummer: Is that right or wrong?
125 May 12, 1998
Mayor Carollo: We have to call a meeting of the CRA that's duly noticed and only then can the
meeting be legally binding.
Mr. Donmez: I understand, sir.
Vice Chairman Plummer: Mr. Mayor...
Mayor Carollo: The other thing that we need to do, frankly, is ... and Johnny, you could work in
this right now. Give copies of whatever needs to be contemplated by the City Commission and
the CRA to the City Attorney and whomever the present attorney is for the CRA.
Mr. Donmez: OK, sir.
Vice Chairman Plummer: Yeah. Hey, listen guys. I don't think anybody up here is trying to do
anything but help to keep NBC Channel 6 in this community. But, you know, you cannot come
her and drop this stack of papers on me and ask me to vote on something and say that I make an
intelligent vote. That don't happen this way.
Mayor Carollo: Now, what we could do is, if the majority of the Board Members of the CRA,
which you have, I think, four up here ... there was four. There's three left ... and, of course,
Commissioner Teele's the chairman, can meet tomorrow sometime after you check with the City
Attorney and...
Vice Chairman Plummer: You able to advertise those meetings?
Mayor Carollo: ...the attorney of the CRA, have the City Clerk...
Vice Chairman Plummer: Joe, I think you've got to advertise those meetings.
Mayor Carollo: You do have to advertise it in the paper.
Mr. Walter Foeman (City Clerk): I don't know the State statute, but I think it's reasonable to
notice the CRA....
Mayor Carollo: Yeah, that's what I thought, have reasonable notice, like our meetings.
Vice Chairman Plummer: Twenty-four hours.
Mayor Carollo: Well, more or less. But...
Vice Chairman Plummer: Hey, I'm available tomorrow.
Mayor Carollo: Once you get the go ahead from the attorneys and the City Clerk can go ahead
and do it and we could do it late tomorrow and it could be taken care of before the end of
tomorrow's day.
Mr. Johnny Winton: May I speak?
Mayor Carollo: Yes, sir.
126 May 12, 1998
Mr. Johnny Winton: My name is Johnny Winton. I forget now what all I'm suppose to tell you.
My address and name, is that...
Vice Chairman Plummer: That's for starters.
Mayor Carollo: Yeah, the real Johnny Winton, I remember, had a mustache.
Mr. Winton: Right. Johnny Winton. My address is 1627 Brickell Avenue. That's my home
address. My office address is 150 Southeast 2nd Avenue. And my apologies for this ... I
understand completely. I mean, I wouldn't like it if someone dumped all of that information on
me at the last moment; however, what has happened here is that because of New York's pressure
on WTVJ to make a decision, and because the opportunity to keep WTVJ in the City of Miami,
through this site ... this whole process only started 10 days ago. So we've been ... all of us have
been forced into a box that none of us would like to be in but it's because of the pressure that
NBC is under. They have sold their site. They now have a limited amount of time to get the new
site chosen, their facility, the design and built. So what I am told by WTVJ locally is that if we
don't have something by Thursday, this coming Thursday, which gives them written
documentation, which gives them a great deal of comfort that the site that we're talking about
right here, which is the ... I'll refer to as the Overtown CRA site ... if we can't prove to them that the
new development team can negotiate in good faith with them the deal to keep them on that site,
then New York is going to force them to continue to focus on Miramar and move that way. So
my apologies again for this time frame. And if we can do it tomorrow, I think we could be in
good shape.
Mayor Carollo: Well, then I need for you, the minute we adjourn here, is to get with the City
Attorney and then keep the City Clerk on hand, give him all the documents so that...
Commissioner Regalado: After five ... after four o'clock, Mayor, if we could do it.
Mayor Carollo: Yeah, it will be late afternoon. If all of you could let the City Clerk know the
best time for you and you'll choose ... four is O.K. with you, J.L.? Got to bury anybody?
Vice Chairman Plummer: Not at four o'clock.
Mayor Carollo: O.K.
Vice Chairman Plummer: Wait a minute. Hold on. I'm hearing 24 hours in my ear.
Mr. Alejandro Vilarello (City Attorney): Normally, if you're going to call an emergency
meeting, you need to leave at least 24 hours. I was asking the City Clerk so he can comply with
some reasonable procedure that he follows in posting and notifying of hearings.
Vice Chairman Plummer: How about Thursday morning at seven a.m.?
Mr. Winton: That ... that works as far as any legal requirements. I don't know if the Clerk can...
Mr. Foeman: Yeah.
127 May 12, 1998
Commissioner Regalado: I have to ... I have to do it at three a.m. because I start work at...
Vice Chairman Plummer: That's all right with me.
Commissioner Regalado: ...at four, so at three I'll be here.
Vice Chairman Plummer: That's all right. Thursday morning at seven o'clock is fine with me.
Commissioner Regalado: I can't do it. I'm on the air. I'm on the air at that time.
Vice Chairman Plummer: Why can't you? You're not on from three to seven.
Commissioner Regalado: Four to nine.
Vice Chairman Plummer: Seven thirty.
Commissioner Regalado: I'm telling you, four to nine. Four a.m. to nine a.m.
Vice Chairman Plummer: Nine o'clock then.
Commissioner Regalado: I can't. What's wrong with you?
Vice Chairman Plummer: Damn radio broad ... you're the laziest devils I've ever seen.
Mayor Carollo: Nine -thirty.
Commissioner Regalado: I told you three a.m. is O.K. for me.
Vice Chairman Plummer: What time?
Commissioner Regalado: After 10, but I would rather do it in...
Vice Chairman Plummer: Is that an American 10...
Commissioner Regalado: Why don't we do it noon? I mean, is it O.K.?
Vice Chairman Plummer: On Thursday?
Commissioner Regalado: Thursday at noon.
Vice Chairman Plummer: That's fine.
Mayor Carollo: O.K., Thursday at noon.
Vice Chairman Plummer: Here?
Mayor Carollo: O.K. Yeah, of course, here. Johnny, you have to get with the City Attorney and
give him all these contracts and resolutions.
128 May 12, 1998
Mr. Winton: I understand. And I think they all are there, so understand completely. We just got
all those done at five.
Vice Chairman Plummer: I hope somebody at my office is listening to Thursday at noon.
Mayor Carollo: Does the attorney for the CRA have all this ready?
Mr. Donmez: Yes, sir. He couldn't attend it this afternoon. There was a family emergency.
Vice Chairman Plummer: Are we going to make appointments?
Mayor Carollo: O.K. I'll...
Commissioner Regalado: Yes. Mr. Mayor, before we do the appointments, one thing that you
have to consider is to convey maybe a special session of the Commission to discuss the cable
franchise. I'm telling you that there are a lot of complaints about the cable franchise. They're
going to come here in a few weeks saying that if we don't give them 18 month, then...
Mayor Carollo: Well, why don't we maybe bring this up at the next meeting and get guidance
from the attorneys that we have.
Vice Chairman Plummer: Well, Mr. Mayor, if I may. There's a lot more to be discussed. And
let me tell you why.
Mayor Carollo: Excuse me, Commissioner. I'll let you finish chairing the meeting.
NOTE FOR THE RECORD: AT 6:53 P.M. MAYOR CAROLLO
EXITED THE COMMISSION CHAMBERS.
Vice Chairman Plummer: Thanks. You know at the meeting when we talked about hiring this
high class pro for the cable TV and it was said that he got thirty-eight thousand the year before
and now we were increasing it by a hundred? Was anyone told up here that that was the second
hundred? That he's already got two hundred and thirty-eight thousand plus forty-five hundred in
another thing and that does not include if we go into any litigation? That's why I've asked for
that matter to come back up at the next Commission meeting, so...
Commissioner Regalado: I'm, you know ... but J.L., apart from that issue, there are many, many
concerns in terms of the quality, in terms of the channels, in terms of complaints.
Vice Chairman Plummer: It's simple. Mr. City Manager, when you feel comfortable that you
have enough for a workshop for this Commission, you let myself know or the Manager ... or the
Mayor...
Commissioner Regalado: That's what I'm saying, a workshop. I mean, we can do it.
129 May 12, 1998
Vice Chairman Plummer: And we'll call a meeting at seven a.m. on Sun...
Commissioner Regalado: No, it has to be at three a.m.
Vice Chairman Plummer: On a Sunday morning. All right.
Commissioner Regalado: Oh, Sundays O.K. Seven a.m. on a Sunday is O.K.
END OF DISCUSSION
31. RE -APPOINT PAUL SINGERMAN L FRED JOSEPH t STEPHANIE KERR / RUTH
GREENFIELD 1 TINA HILLS f LINDA EADS TO B YFRONT MANAGEMENT TRUST.
Vice Chairman Plummer: Right. All right. Mr. Hernandez, what boards do you wish to make
appointments to?
Commissioner Hernandez: The Bayfront Park Management Trust.
Vice Chairman Plummer: All Right, sir. What are you recommendations?
Commissioner Hernandez: I want to reappoint Paul Singerman.
Vice Chairman Plummer: All right.
Commissioner Hernandez: And I'd like to make a motion to continue with the same three
Commission at Large seats. If there's any objections, I don't think so but...
Vice Chairman Plummer: All right.
Commissioner Hernandez: Which is...
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: On Bayfront Management Trust, Fred Joseph.
Vice Chairman Plummer: O.K. And I will ... who did I do? I don't know. I have one somewhere.
I know that Gort just appointed Duarte so I would assume he would want...
Commissioner Hernandez: Yours hasn't expired, I guess.
Vice Chairman Plummer: Yeah. O.K. A motion to approve those names.
Mr. Walter Foeman (City Clerk): Excuse me, Commissioner, you appointed Stephanie Kerr.
Vice Chairman Plummer: Stephanie Kerr, without question, I will reappoint. So the names that
are proffered, is there a motion to approve? Is there a second. All in favor say "aye."
The Commission (Collectively): Aye.
130 May 12, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-479
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
32. RE -APPOINT TRENESE'J. TURNER TO UNITY COUNCIL OF MIAMI'.
Commissioner Hernandez: On Item 24... I'm sorry. Trenese Turner for me.
Vice Chairman Plummer: This is on Item 24?
Commissioner Hernandez: Yes. Unity Council of Miami.
Vice Chairman Plummer: All right.
Commissioner Regalado: O.K. Second.
Vice Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
131 May 12, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-480
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE BOARD OF DIRECTORS OF THE UNITY
COUNCIL OF MIAMI ("TUCOM") FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
33. APPOINT MANOLO REYES AND STANLEY GETTIS TO BUDGET AND
FINANCES REVIEW COMMITTEE.
Vice Chairman Plummer: What other board?
Commissioner Regalado: Item 26, Budget and Finances Review Committees, Stanley Gettis.
Vice Chairman Plummer: All right. Reappointment.
Commissioner Hernandez: Reappointment.
Vice Chairman Plummer: Mr...
Commissioner Regalado: I'm putting in Manolo Reyes in there.
Vice Chairman Plummer: Manolo Reyes. And mine is Guy Sanchez. I'll hold up on mine.
Names proffered be accepted? Motion. Second. All in favor say "aye."
The Commission (Collectively): Aye.
132 May 12, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-481
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE BUDGET AND FINANCES
REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
34. RE -APPOINT RAFAEL CABEZAS / CARLOS MARTEL / LISSETTE RODRIGUEZ /
MARTIN URRA / ANITA TEJON RODRIGUEZ-TEJERA TO AFFORDABLE HOUSING
ADVISORY COMMITTEE.
Commissioner Regalado: Item 27. Affordable Housing Advisory Committee. I'm re-
appointing Lissette Rodriguez.
Vice Chairman Plummer: O.K. Mr. Hernandez.
Commissioner Hernandez: I want to put Anita Rodriguez-Tejera.
Vice Chairman Plummer: O.K. And Marty Urra, without question, should be on there and
Hernandez, you put on Martel before. And Rafael Cabezas I put on. Lissette Rodriguez...
Commissioner Regalado: Yeah, Lissette Rodriguez is my appointment.
Commissioner Hernandez: I'll tell you what, J.L., I'll reappoint Martel and that will leave Anita
as a Commission at Large. That's what she is right now.
Vice Chairman Plummer: O.K. That's fine. Those ... motion made by Hernandez. Second by...
Commissioner Hernandez: I want to reappoint mine.
Commissioner Regalado: Second.
133 May 12, 1998
Mr. Foeman: Excuse me, Commissioner. As far as the same categories would apply because
they're categories...
Vice Chairman Plummer: Yes, of course. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any oppose? O.K.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-482
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE CITY OF MIAMI AFFORDABLE
HOUSING ADVISORY COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
Commissioner Regalado: Item 28, Citywide C.D. (Community Development) Advisory Board.
I'm re -appointing Prisciliano Falcon and I'm deferring one appointment.
Vice Chairman Plummer: All right. Mr. Hernandez?
Commissioner Hernandez: This is 28, right?
Vice Chairman Plummer: Yes, sir.
Commissioner Hernandez: Danny Couch and Ralph Arza.
134 May 12, 1998
Vice Chairman Plummer: Names proffered be accepted. Motion? Second. All in favor, say
"aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-483
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
36. RE -APPOINT RONNIE ARANGO / SILVIA MORALES-CEJAS TO COCONUT
GROVE STANDING FESTIVAL' COMMITTEE.
Commissioner Regalado: Item 29, Coconut Grove Festival Committee. I'm re-appointingSilvia
Morales-Cejas.
Vice Chairman Plummer: O.K. Hernandez?
Commissioner Hernandez: Ronnie Arango, re -appointing him also.
Vice Chairman Plummer: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
135 May 12, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-484
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE COCONUT GROVE STANDING
FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
37. APPOINT DANNY PEREZ T4 URBAN DEVELOPMENT REVIEW BOARD.
Vice Chairman Plummer: Thirty.
Commissioner Regalado: I don't have an appointment.
Commissioner Hernandez: I have Danny Perez.
Vice Chairman Plummer: Danny or Julian?
Commissioner Hernandez: Julian, I would not have to go through a waiver because he's not an
architect and the board requires an architect and he's an Economic Planner. So Danny Perez is
going to be my...
Vice Chairman Plummer: Danny Perez is the name. Motion second. All in favor, say "aye."
The Commission (Collectively): Aye.
136 May 12, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 98-485
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS REGULAR MEMBERS AND AS AN ALTERNATE
MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
Vice Chairman Plummer: Thirty-one.
Commissioner Regalado: Monique Taylor on Nuisance Abatement Board. I'm re -appointing
Monique Taylor.
Vice Chairman Plummer: O.K.
Commissioner Hernandez: And I'm ... I am re -appointing Bob Valledor.
Vice Chairman Plummer: O.K. Motion second. All in favor, say "aye."
The Commission (Collectively): Aye.
137 May 12, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-486
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
39. APPOINT MARY ANN DAVID', TO MIAMI AUDIT ADVISORY COMMITTEE.
Vice Chairman Plummer: Audit Advisory.
Commissioner Regalado: I'm deferring the appointment for next meeting.
Vice Chairman Plummer: Hernandez?
Commissioner Hernandez: This is on 32, correct?
Vice Chairman Plummer: Correct.
Commissioner Regalado: Yes.
Commissioner Hernandez: I'm going to pass on that one.
Vice Chairman Plummer: All right. I will definitely appoint Mary Ann David. Motion second.
All in favor, say "aye."
The Commission (Collectively): Aye.
138 May 12, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-487
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE MIAMI AUDIT ADVISORY
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
40. (A) RE -APPOINT JACK KING AND VIVIAAN GUZMAN TQ MIAMI 'WATERFRONT
ADVISORY BOARD.
(B) DELETE VIVIAN GUZMAN'S NAME FROM R98-488, APPOINTING HER TO
WATERFRONT ADVISORY BOARD.
Vice Chairman Plummer: All right. Thirty-three.
Commissioner Hernandez: I'm passing my two.
Vice Chairman Plummer: All right, pass.
Commissioner Regalado: Waterfront Advisory Board.
Vice Chairman Plummer: Regalado?
Commissioner Regalado: Jack King and Vivian Guzman re -appointment.
Vice Chairman Plummer: Oh, boy, did you make bad ... bad appointments. I mean, we really got
to accept those?
Commissioner Regalado: Of course. I mean, I accept yours.
Vice Chairman Plummer: One ... I don't mind Vivian.
139 May 12, 1998
Commissioner Regalado: I accept yours. You don't mind Vivian? I thought it was Vivian
you ... the one you minded.
Vice Chairman Plummer: I don't mind Vivian. All right. Motion seconded. All in favor, say
"aye."
The Commission (Collectively): Aye.
The following resolution and motion were introduced by Commissioner Regalado, who moved
their adoption:
RESOLUTION NO. 98-488
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS REGULAR MEMBERS AND AS AN ALTERNATE
MEMBER OF THE WATERFRONT ADVISORY BOARD FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the
City Clerk.)
MOTION NO.98-488.1
MOTION REAPPOINTING VIVIAN GUZMAN AS A MEMBER OF
THE MIAMI WATERFRONT ADVISORY BOARD.
Note for the Record: Ms. Guzman was renominated by Commissioner
Regalado. Ms. Guzman's reappointment required a 4/5ths vote of the
Commission because she had previously been absent excessively from
Waterfront Advisory Board meetings. This issue will be rescheduled on
the June 9, 1998 Commission meeting.
Upon being seconded by Commissioner Hernandez, the resolution and motion
were passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
140 May 12, 1998
Vice Chairman Plummer: Thirty-four.
Commissioner Regalado: I'm re -appointing Yves Fortune.
Vice Chairman Plummer: Mr. Hernandez?
Commissioner Hernandez: I'm not ... I don't have anyone for 34 right now.
Vice Chairman Plummer: All right. Motion seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-489
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE MIAMI STREE CODESIGNATION
REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
42. APPOINT GEORGE CALIL AND CARLOS DE ZAYAS TO PROPERTY AND
ASSET REVIEW COMMITTEE.
Vice Chairman Plummer: Property Asset Review Committee.
Commissioner Regalado: Carlos De Zayas.
Vice Chairman Plummer: All right.
Commissioner Regalado: Re -appointing him.
141 May 12, 1998
Vice Chairman Plummer: All right. Hernandez?
Commissioner Hernandez: George Calil, C-A-L-I-L.
Vice Chairman Plummer: O.K. And who is my nominee?
Mr. Foeman: Roger Baretto.
Vice Chairman Plummer: Wow. I definitely want him there. That's Rodney's father. But I also
wanted Moreno Habiff. That's on the...
Commissioner Hernandez: What board is that? Oh. That was my ... that was my appointment.
Vice Chairman Plummer: Yeah, I know, but you put Calil. I'll pass. Let me talk to them.
Motion seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-490
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE PROPERTY AND ASSET REVIEW
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
43. DEFER APPOINTMENTS TO ZONING BOARD.
Vice Chairman Plummer: Zoning Board. Hernandez?
Commissioner Hernandez: I'm passing on that.
Vice Chairman Plummer: All right. And I'll pass.
142 May 12, 1998
44. APPOINT ALLAN SWEENEY, ANTONIO LLANO MONIES, RAYMUNDO
ESCARRA, PEDRO MORA, MARIA ELENA ALFONSO, BOB RODRIGUEZ, RAFAEL
GARCIA-TOLEDO, VICKY LEIVA, WALDO CASTRO-MOLLEDA TO INTERINATIONAL
TRADE BOARD.
Vice Chairman Plummer: International Trade.
Commissioner Regalado: O.K. I've got three names: Allan Sweeney, Antonio Llano Montes,
and Raymundo Escarra.
Vice Chairman Plummer: All right. Hernandez?
Commissioner Hernandez: I'm going to re -appoint Bob Rodriguez, Maria Elena Alfonso and I
am removing Ralph Arza, who I appointed to another board, and I'm going to appoint Pedro
Mora to that.
Vice Chairman Plummer: O.K. Without question, my three remain, Ralph Garcia Toledo, Vicky
Leiva, Waldo Castro. Motion, seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-491
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE INTERNATIONAL TRADE BOARD
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
143 May 12, 1998
45. RE -APPOINT NAMES PROFFERED TO LATIN QUARTER REVIEW BOARD.
Vice Chairman Plummer: Latin Review Quarter.
Commissioner Regalado: Lucrecia Machado and Manuela Calvo.
Vice Chairman Plummer: Hernandez?
Commissioner Hernandez: Jorge Trelles... re -appointment of Jorge Trelles and Rafael Portuondo.
Vice Chairman Plummer: And I'll pass ... oh, no. Hector Gasca is definitely one of mine and a
vacant position I'll hold until later. Motion and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-492
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE LATIN QUARTER REVIEW
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
46. DEFER APPOINTMENTS TO PLANNING ADVISORY BOARD.
Vice Chairman Plummer: Planning Advisory Board. The only one there is Teele, Gort, and
Plummer and I'll pass.
END OF DISCUSSION
144 May 12, 1998
47. CONFIRM NOMINATIONS OF ROSA GREEN / JERRY COLEMAN / JAZZ
IRRIZARRY TO OVERTOWN ADVISORY BOARD.
Vice Chairman Plummer: Overtown Advisory Board. Commission at Large.
Commissioner Regalado: O.K.
Mr. Foeman: This is just a confirmation, Commissioner.
Vice Chairman Plummer: I'm sorry?
Mr. Foeman: This is a confirmation. We're confirming...
Commissioner Regalado: Move it.
Vice Chairman Plummer: Move the confirmation. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-493
A RESOLUTION CONFIRMING THE NOMINATION OF CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE OVERTOWN
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
145 May 12, 1998
48. DEFER APPOINTMENTS OF CODE EI4Ft3R EI# ITT BOARD.
Vice Chairman Plummer: DDA.
Commissioner Hernandez: Move it.
Vice Chairman Plummer: That's...
Commissioner Regalado: It's already done.
Vice Chairman Plummer: That would be Alvin West and Juan Carlos...
Commissioner Regalado: It's already done.
Vice Chairman Plummer: ...and J.C. Mas.
Commissioner Regalado: We already vote on it.
Mr. Foeman: It was previously done.
Commissioner Regalado: Already...
Vice Chairman Plummer: So we don't have to vote on it. O.K. Code Enforcement. One
appointment of the Commission at Large.
Commissioner Hernandez: Like to recommend someone for that seat, if you don't have any.
Vice Chairman Plummer: Let me find out and I'll let you know at the next meeting. O.K.
END OF DISCUSSION
49, DEFER APPOINTMENTS TO AFl?IRmATIVE ACTION ADVISORY BOARD.
Vice Chairman Plummer: Affirmative Action. Hernandez?
Commissioner Hernandez: Pass.
Vice Chairman Plummer: Pat who.
Commissioner Hernandez: I'm passing on that one. Passing.
Vice Chairman Plummer: All right.
Commissioner Regalado: Me too.
146 May 12, 1998
Vice Chairman Plummer: All right. And, likewise, so will I. I guess that's it. Is there any other
matters, any pocket items? Anything else to come before this Board? Mr. Manager, do you have
anything? Mr. City Attorney, do you have anything?
Mr. Vilarello: No, sir.
Vice Chairman Plummer: O.K. I guess that's it. We stand adjourned.
Commissioner Regalado: J.L., Thursday?
Vice Chairman Plummer: We're talking Thursday at noon for the CRA.
Commissioner Regalado: O.K.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 7:02 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
VICE CHAIRMAN J.L. PLUMMER, JR.
PRESIDING OFFICER/CHAIRMAN
147 May 12, 1998