HomeMy WebLinkAboutCC 1998-05-26 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON MAY 26, 1998 (Planning & Zoning Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
INDEX
MINUTES OF PLANNING & ZONING MEETING
May 26,1998
SUBJECT
1. PRESENTATIONS / PROCLAMATIONS
MANNY DUASSO DAY - BLIND ENGLISH TEACHER AT
MIAMI DADE COMMUNITY COLLEGE.
MARGARITA CROWN AND NESTOR GARCIA - POLICE
OFFICERS OF THE MONTH OF APRIL, 1998.
POLICE OFFICER ANGEL CALZADILLA - RECIPIENT OF
PUBLIC IMAGE AWARD.
JOEL MAXWELL - RECOGNITION FOR JOB AS INTERIM CITY
ATTORNEY.
2. CONSENT AGENDA
(A) DISCUSSION REGARDING ITEMS PULLED FROM
CONSENT AND REGULAR CITY COMMISSION MEETING
AGENDA.
(B) TABLE CONSENT AGENDA ITEM 13 [ACCEPTING
BID FROM J. BALSERA SCHOOL BUS SERVICE, INC.] TO
LATER IN SESSION - FURTHER REQUEST CLARIFICATION
AS TO AMOUNT OF INSURANCE REQUESTED FROM
BIDDERS - SEE LABEL 4.
(C) COMMENTS REGARDING MISSING
DOCUMENTATION FROM BACK UP DATA REGARDING
CONSENT AGENDA ITEM CA15 (APPROVE VENDORS FOR
LOT CLEARING SERVICES).
(D) DISCUSS / DEFER CONSIDERATION OF AGENDA
ITEM 19 (AMENDING SECTION 40-250 OF CODE TO ALLOW
CERTAIN ADMINISTRATORS AND CITY ATTORNEY TO
REJECT MEMBERSHIP IN THE GESE TRUST - FURTHER
ALLOWING PARTICIPATION OF SAME OFFICIALS AND
ADMINISTRATORS IN PUBLIC TRUST FUND APPROVED BY
CITY COMMISSION) TO NEXT CITY COMMISSION MEETING.
(E) WITHDRAW CONSENT AGENDA ITEM CA24
(CONTINUE ENGAGEMENT OF WEISS, SEROTA & HELFMAN,
P.A., AS COUNSEL REPRESENTING CITY IN PERSONNEL
MATTERS PERTAINING TO DEPARTMENT OF COMMUNITY
DEVELOPMENT).
LEGISLATION
5/26/98
DISCUSSION
2-4
5/26198
DISCUSSION
4-10
2.1 ACCEPT PLAT: MOLLINEDO SUBDIVISION. 5/26/98
R 98-494
10
2.2 EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH 5/26/98
FOUNDATION HEALTH SYSTEMS - FOR HEALTH R 98-495
INSURANCE COVERAGE - FOR HOMELESS PROGRAM 11
EMPLOYEES - ALLOCATE $45,000. FROM EMERGENCY
SHELTER GRANT.
2.3 AUTHORIZE REQUEST FOR PROPOSAL FOR CONSULTING 5/26/98
SERVICES - FOR POLICE LIEUTENANT EXAMINATION R 98-496
PROCESS - FOR HUMAN RESOURCES. 11
2.4
APPROVE CONVERSION OF BUSES - BY PRISON
5126/98
REHABILITATIVE INDUSTRIES AND DIVERSIFIED
R 98-497
INDUSTRIES, INC (PRIDE) - ALLOCATE $98,800.50 FROM
12
WEED AND SEED ASSET FORFEITURE GRANT
(142013.290493.6.270).
2.5
AUTHORIZE LEASE AGREEMENT WITH LUBIN'S
5/26/98
DEVELOPMENT CORPORATION - FOR OFFICE SPACE AT
R 98-498
7815 NORTHEAST 2 AVENUE, MIAMI - FOR LITTLE HAITI
13
NET SERVICE CENTER - FOR $872.08/MONTH.
2.6
RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -
5/26/98
APPROVE EMERGENCY REPAIR OF RESCUE 12 BY ALL
R 499
STATE PAINT & BODY SHOP, INC. - ALLOCATE $5,341.00
13
FROM FIRE -RESCUE SPECIAL REVENUE FUND
(105000.280502.6.670).
2.7
AUTHORIZE PURCHASE OF THREE DUPLEXES IN NARANJA
5/26/98
AREA - FORMERLY OWNED BY CHRISTIAN COMMUNITY
R 98-500
SERVICE AGENCY - ALLOCATE (NOT TO EXCEED) $200.00
14
FROM FY 1997 HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS PROGRAM GRANT - FURTHER AUTHORIZE
TRANSFER AND OPERATION OF SAID PROPERTIES TO
SOUTH FLORIDA JAIL MINISTRIES/AGAPE WOMEN'S
CENTER (AGAPE).
2.8
AUTHORIZE TELEPHONE TARIFF AGREEMENT WITH
5/26/98
BELLSOUTH TELECOMMUNICATIONS, INC. - FOR
R 98-501
PROVISION OF T1 MEGALINK CIRCUIT SERVICES - FOR
15
DATA COMMUNICATIONS BETWEEN OFFICE OF WORK
FORCE DEVELOPMENT AND MIAMI RIVERSIDE CENTER -
ALLOCATE $6,000. (NOT TO EXCEED) FROM ACCOUNT
184089.454006.6.510.
2.9
AUTHORIZE PROCUREMENT OF "ISYS" INFORMATION
5/26/98
MANAGEMENT AND RETRIEVAL SOFTWARE SYSTEM -
R 98-502
FOR OFFICE OF CITY CLERK - ALLOCATE $15,000. FROM
15
CIP 311031-229401-840.
2.10 AUTHORIZE CITY MANAGER TO NEGOTIATE / EXECUTE 5/26/98
TELEPHONE TARIFF AGREEMENT WITH BELLSOUTH R 98-503
TELECOMMUNICATIONS, INC. - FOR T1 CHANNELIZED 16
MEGALINK CIRCUIT SERVICES - FOR TWENTY-FOUR
MONTHS - FOR VOICE COMMUNICATION SERVICE TO
INTEGRATED VOICE RESPONSE SYSTEM IN BUILDING AND
ZONING - ALLOCATE $11,850 FROM ACCOUNT
421001.560302.6.907.
2.11 RATIFY / APPROVE / CONFIRM EMERGENCY FUNDING - 5/26/99
AUTHORIZE REPAIR OF QUINT 4 BY SIMON LADDER R 98-504
TOWER, INC. - ALLOCATE $5,940.00 FROM FIRE -RESCUE 16
ACCOUNT 001000.280701.6.670.
2.12 AUTHORIZE ISSUING REQUEST FOR PROPOSAL (RFP) - FOR 5/26/98
PROVISION OF HUMAN DIVERSITY TRAINING - FOR R 98-505
POLICE. 17
2.13 ACCEPT BID: BEST GARAGE DOORS, INC. - FOR OVERHEAD 5/26/98
ROLLING DOORS - FOR FIRE -RESCUE - ALLOCATE R 98-506
$14,676.00 FROM COMMUNITY DEVELOPMENT 23 YEAR 17
BLOCK GRANT ACCOUNT 313300.319301.6.860.
2.14 APPROVE LIST OF QUALIFIED VENDORS - FOR LOT 5/26/98
CLEARING SERVICES - FOR VARIOUS NET SERVICE R 98-507
CENTERS - ALLOCATE $320,000.00 AS FOLLOWS: $100,000 18
FROM CDBG PROJECT 799229, INDEX CODE 459822;
$200,000.00 FROM CDBG PROJECT 799229, INDEX CODE
452422; $20,600.00 FROM SPECIAL REVENUE FUND PROJECT
145001, INDEX CODE 251113.
2.15 ACCEPT BID: LASON SYSTEMS, INC. - FOR MICROFILMING 5/26/98
SERVICES - FOR POLICE - ALLOCATE $15,000.00 FROM R 98-508
ACCOUNT 001000.290201.6.270. 18
2.16 APPROVE PROCUREMENT AND INSTALLATION OF LIGHT 5/26/98
BARS. SIRENS AND ACCESSORIES - FOR POLICE AND FIRE R 98-509
EMERGENCY RESPONSE VEHICLES FROM METRO USA - 19
ALLOCATE $149,115.00 FROM CIP PROJECT 311850.
2.17 AUTHORIZE LEASE AGREEMENT WITH NORTHERN TRUST 5/26/98
BANK, TRUSTEE AND LAWRENCE J. SCHLOSBERG, R 98-510
TRUSTEE - FOR OFFICE SPACE AT 2415 BISCAYNE 20
BOULEVARD - FOR EDGEWATER POLICE MINI STATION -
ALLOCATE FUNDS FROM POLICE GENERAL BUDGET
ACCOUNT 00 1180.290201.6.6 10.
2.18 AUTHORIZE LEASE AGREEMENT WITH COCONUT GROVE 5/26/98
VENTURES, INC - FOR OFFICE AND CLASSROOM SPACE AT R 98-511
3672 GRAND AVENUE - FOR OFFICE OF WORKFORCE 21
DEVELOPMENT - ALLOCATE FUNDS FROM CITY INDEX
454006 AND CITY PROJECT 184089.
2.19 AUTHORIZE LEASE AGREEMENT WITH WARNER PLACE, 5/26/98
INC - FOR OFFICE AND CLASSROOM SPACE AT III R 98-512
SOUTHWEST 5 AVENUE - FOR OFFICE OF WORKFORCE 22
DEVELOPMENT - ALLOCATE FUNDS FROM CITY INDEX
454006 AND CITY PROJECT 184089.
2.20 AUTHORIZE LEASE AGREEMENT WITH BLACK ARCHIVES 5/26/98
HISTORY AND RESEARCH FOUNDATION OF SOUTH R 98-513
FLORIDA, INC. - FOR OFFICE AND CLASSROOM SPACE AT 23
250 NORTHWEST 9 STREET - FOR OFFICE OF WORKFORCE
DEVELOPMENT - ALLOCATE FUNDS FROM CITY INDEX
454006 AND CITY PROJECT 184089.
2.21 ACCEPT DONATION OF PALM TREES FROM RECIO & 5/26/98
ASSOCIATES - FOR BEAUTIFICATION PURPOSES. R 98-514
23
3. BRIEFLY DISCUSS / TABLE TO 2:30 P.M. CONSIDERATION 5/26/98
OF AGENDA ITEM 6 (TCI FRANCHISE UPDATE). DISCUSSION
24
4. ACCEPT BID: J. BALSERA SCHOOL BUS SERVICE, INC. - 5/26/98
FOR BUS TRANSPORTATION SERVICES - FOR PARKS AND R 98-515
RECREATION - ALLOCATE $53,528.00 FROM 25-28
CONSOLIDATED ACCOUNT CODE 580211-530 AND FROM
ACCOUNT 580301-530. - SEE LABEL 213.
5. RATIFY ENGAGEMENT OF LAW FIRM: EARL, BLANK, 5/26/98
KAVANAUGH & STOTTS - FOR ENVIRONMENTAL R 98-516
MATTERS REGARDING SALE OF FEC PROPERTY TO MIAMI 29-30
DADE COUNTY - FURTHER AUTHORIZE PAYMENT OF
OUTSTANDING FEES FOR SERVICES ACCRUED.
6. MODIFY / CONTINUE ENGAGEMENT OF LAW FIRM: 5/26/98
ECKERT SEAMANS CHERIN & MELLOT - TO SERVE AS R 98-517
COUNSEL TO CITY FOR POST TRIAL LITIGATION SERVICES 31-33
AND RETRIAL - FOR CASE OF PERRY L. ANDERSON, JR. VS
CITY OF MIAMI, JORGE L. FERNANDEZ AND A. QUINN
JONES III, CASE 92-0435-CIV-GRAHAM.
7. APPROVE ENGAGEMENT OF LAW FIRM: MULLER MINTZ 5/26/98
CORNREICH CALDWELL CASEY CROSLAND & BRAMNICK, R 98-518
P.A. - FOR REPRESENTATION OF WALDEMAR LEE IN CASE 34-36
OF ANAIS AURORA BADIA VS. CITY OF MIAMI AND
WALDEMAR LEE, CASE 94-2197-CIV-FERGUSON - SEE
LABEL 4 - FURTHER REQUESTING AFFIRMATIVE ACTION
PROFILE OF SAID LAW FIRM.
8.
(A) DEFER CONSIDERATION OF CONSENT AGENDA ITEM
5/26/98
CA30 (APPROVE ENGAGEMENT OF LAW FIRM: MULLER
M 98-519
MINTZ KORNREICH CALDWELL CASEY CROSLAND &
M 98-520
BRAMNICK, P.A. IN CASE OF EDWARD MARQUEZ VS. CITY
36-40
OF MIAMI, CASE 98-5020 CA 30) TO LATER DATE.
(B) INSTRUCT CITY ATTORNEY TO MEET WITH EDWARD
MARQUEZ TO TRY TO RESOLVE LAWSUIT, CASE 98-5020
CA 30.
9.
PERSONAL APPEARANCE: HELEODORO RODRIGUEZ / JOSE
5/26/98
VICTORERO / TORY JACOBS TO DISCUSS EFFECT OF
M 98-521
IMPACT FEE ASSESSED ON BUSINESSES FRO ILLEGAL
40-53
DUMPING - INSTRUCT CITY MANAGER TO STUDY
MANAGER TO STUDY CURRENT IMPACT FEE RELATING TO
ILLEGAL DUMPING -0- FURTHER REQUESTING CITY
MANAGER TO BRING BACK TO CITY COMMISSION FOR
CONSIDERATIN OPTIONS FOR ALTERNATIVE SOURCES OF
REVENUE - MAYOR DIRECTS CITY MANAGER TO PREPARE
LINE ITEM BUDGETS PER DEPARTMENT - BRIEFLY
DISCUSS COST OF SOLID WASTE OPERATION TO THE
GENERAL FUND - FURTHER DIRECT CITY MANAGER TO
PROVIDE FULL STAFFING IN ALL NET OFFICES.
10.
PERSONAL APPEARANCE: MRS. FRANKIE S. ROLLE -
5/26/98
GRANT PERMISSION FOR ALCOHOL BEVERAGE PERMIT
R 98-522
FOR GOOMBAY FESTIVAL.
53-55
11.
REFER TO CITY MANAGER FOR CONSIDERATION REQUEST
5/26/98
FROM MR. CAMILLE MERILUS FOR FEE AND PERMIT
DISCUSSION
WAIVER FOR FOURTH OF JULY EVENT IN LEMON CITY
55-57
PARK - PRESENTATION OF MAYOR SIMON LAPOINTE
FROM LA GONAVE, HAITI.
12.
(A) APPROVE EMERGENCY ORDINANCE: ESTABLISH
5/26/98
SPECIAL REVENUE FUND: 1997 SUPER NOFA SUPPORTIVE
ORDINANCE 11653
SERVICES GRANT - FOR OUTREACH, INFORMATION,
57-59
REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO
HOMELESS - APPROPRIATE $224,811. FROM UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT GRANT.
(B) POSTPONE TO AFTERNOON SESSION CONSIDERATION
OF AGENDA ITEM 8 (EMERGENCY ORDINANCE APPROVING
FRANCHISE AGREEMENT WITH FPL ENERGY SERVICES,
INC.)
13. DEFER CONSIDERATION OF AGENDA ITEM 9 (PROPOSED 5/26/98
SECOND READING ORDINANCE REGULATING PLACEMENT M 98-523
OF NEWSRACKS) - MODIFY PROPOSED ORDINANCE TO 60-62
SATISFY EVERYONE.
14. APPROVE SECOND READING ORDINANCE: ESTABLISH 5/26/98
SPECIAL REVENUE FUND: SOUTH FLORIDA URBAN ORDINANCE 11656
SEARCH AND RESCUE FL-TF2- -- FOR RECEIVING AND 62-63
DISBURSING FUNDS TO BE PAID TO CITY BY FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) AND/OR
STATE OF FLORIDA - FOR ACTIVITIES PURSUANT TO
MEMORANDUM OF AGREEMENT - APPROPRIATE
$1,032,154. FOR OPERATION OF SAME.
15. APPROVE SECOND READING ORDINANCE: AMEND 5/26/98
SECTION 18-84 OF CODE: EMERGENCY PURCHASES - ORDINANCE 11657
AUTHORIZE CITY MANAGER TO EXPEND UP TO $150,000.00 63-64
FOR PURCHASES PURSUANT TO ACTIVATION OF URBAN
SEARCH AND RESCUE TASK FORCE.
16. APPROVE SECOND READING ORDINANCE: ESTABLISH 5/26/98
NEW SPECIAL REVENUE FUND: MIAMI-DADE COUNTY ORDINANCE 11658
EMS GRANT AWARD (FY 97-98) - APPROPRIATE FUNDS FOR 65-66
OPERATION OF SAME FOR $148,902.00.
17. APPROVE SECOND READING ORDINANCE: ESTABLISH 5/26/98
INITIAL RESOURCES AND APPROPRIATIONS TOTALING ORDINANCE 11659
$82,924.00 FOR NEW SPECIAL REVENUE FUND ENTITLED 66-67
EAST LITTLE 14AVANA MINORITY YOUTH DIVERSION
PROGRAM.
18. APPROVE SECOND READING ORDINANCE: AMEND 5/26/98
ORDINANCE 11332 ESTABLISHING SPECIAL REVENUE ORDINANCE 11660
FUND ENTITLED GANG RESISTANCE EDUCATION AND 68-69
TRAINING - INCREASE APPROPRIATIONS BY $85,000.00
FROM FEDERAL GRANT MONIES.
19. APPROVE SECOND READING ORDINANCE: ESTABLISH 5/26/98
SPECIAL REVENUE FUND: PROGRAMS FOR THE ORDINANCE 11661
DEVELOPMENTALLY DISABLED, 1998-1999 - APPROPRIATE 69-70
$317,818.00 FROM GRANT FUNDS.
20. APPROVE FIRST READING ORDINANCE: AMEND CHAPTER 5/26/98
40, ARTICLE III OF CODE: PERSONNEL/CIVIL SERVICES FIRST READING
RULES AND REGULATIONS - FOR MEETING TIME -IN- ORDINANCE
GRADE REQUIREMENT FOR TAKING PROMOTIONAL 71-72
EXAMINATION.
21. APPROVE FIRST READING ORDINANCE: AMEND CHAPTER 5/26/98
40, ARTICLE III OF CODE: PERSONNEL/CIVIL SERVICES FIRST READING
RULES AND REGULATIONS - TO REDUCE NUMBER OF ORDINANCE
PERSONS CERTIFIED AS CANDIDATES FOR POLICE 72-73
OFFICER ON OPEN COMPETITIVE REGISTERS.
22. APPROVE FIRST READING ORDINANCE: AMEND SECTION 5/26/98
54-3 OF CODE - REQUIRE, AS CONDITION FOR PERMIT, FIRST READING
ADVANCE NOTICE OF RESIDENTS AND BUSINESSES OF ORDINANCE
TEMPORARY STREET CLOSURE. . 73-74
23. BRIEFLY DISCUSS AGENDA ITEM 20A - DIRECT CITY 5/26/98
MANAGER TO PROVIDE INPUT AND RESPONSIBILITY BY DISCUSSION
THE MAYOR IN CONNECTION WITH APPOINTMENTS TO 74-76
EXTERNAL COMMITTEES, INCLUDING HOUSING LOAN
COMMITTEE.
24. COMMENDATIONS (CONTINUED) 5/26/98
KATIE IRELAND - SENIOR AT RANSOM EVERGLADES. DISCUSSION
DETECTIVE GENE KOWALSKI - FOR OUTSTANDING WORK 76-77
WITH AT -RISK YOUTH.
25. APPROVE EMERGENCY ORDINANCE WITH 5/26/98
MODIFICATIONS: APPROVE FRANCHISE AGREEMENT ORDINANCE 11662
WITH FPL ENERGY SERVICES, INC. - FOR CONSTRUCTION, 77-84
OPERATION AND MAINTENANCE OF ENERGY EFFICIENT
DISTRIBUTION SYSTEM IN PUBLIC RIGHTS -OF -WAY -
FURTHER COMMENTS FROM COMMISSION REGARDING
NEED FOR FPL ENERGY SERVICES, INC. TO SHARE
GEOGRAPHIC INFORMATION SYSTEM WITH MIAMI POLICE.
26. PRESENTATION BY MIAMI POLICE REGARDING DOMESTIC 5/26/98
VIOLENCE PROGRAM - COMMISSION REQUESTS PERIODIC DISCUSSION
STATUS REPORTS ON PROGRESS OF SAID PROGRAM. 84-87
27. BRIEF DISCUSSION REGARDING APPROVAL OF FRANCHIS
AGREEMENT WITH FPL ENERGY SYSTEMS, INC.
28. (A) SCHEDULE PUBLIC HEARING ON JULY 28, 1998 TO
GRANT OR DENY CABLE TELEVISION LICENSE FRANCHISE
TO MIAMI TCI - FURTHER INSTRUCTING CITY MANAGER
TO ADVISE MIAMI TCI OF CITY COMMISSION'S TERMS
REGARDING RECEIPT OF FORMAL RENEWAL PROPOSAL.
(B) BRIEF COMMENTS REGARDING ATTORNEY'S FEES
RECEIVED BY MATTHEW LEIBOWITZ, ESQ., IN RELATION
TO NEGOTIATIONS WITH MIAMI TCI LICENSE/FRANCHISE.
5/26/98
DISCUSSION
87
5/26/98
R 98-524
88-95
29. DEFER CONSIDERATION OF AGENDA ITEM 20A (PROPOSED 5/26/98
APPOINTMENT OF HOUSING LOAN COMMITTEE MEMBERS) DISCUSSION
UNTIL NEXT CITY COMMISSION MEETING OF JUNE 9, 1998. 95-99
30. DISCUSS / TABLE TO LATER IN SESSION CONSIDERATION 5/26/98
OF AGENDA ITEM 20K (CONTRACT FOR LOAN GUARANTEE DISCUSSION
ASSISTANCE UNDER SECTION 108 OF HOUSING AND 99-101
COMMUNITY DEVELOPMENT ACT OF 1974 FOR $5.5
MILLION TO DADE FOREIGN TRADE ZONE, INC. - TO
ASSIST IN FINANCING WYNWOOD TRADE ZONE) -
FURTHER DIRECTING CITY MANAGER TO HAVE
EXECUTIVE DIRECTOR OF WYNWOOD TRADE ZONE
PRESENT DURING ITEM.
31. APPOINT COMMISSIONER PLUMMER AS CITY LIAISON TO 5/26/98
SEAQUARIUM JOINT COMMITEE. M 98-526
101-102
32. DIRECT CITY MANAGER TO CONTINUE NEGOTIATIONS 5/26/98
WITH MIAMI-DADE COUNTY IN CONNECTION WITH FILING M 98-527
JOINT APPLICATION FOR EMPOWERMENT ZONES AND TO 102-110
MAINTAIN COMMISSION INFORMED OF PROGRESS -
FURTHER DIRECT MANAGER TO PREPARE BUDGET AND
PLAN FOR IMPLEMENTATION.
33. DISCUSS DONATING CITY -OWNED ALLEY LOCATED AT 5/26/98
5220-5300 WEST FLAGLER STREET TO BUSINESSES DISCUSSION
LOCATED IN VICINITY - DIRECT CITY MANAGER TO 110-111
EXPLORE WAYS FOR OWNERS TO MAINTAIN CITY -OWNED
ALLEY IN ORDER TO IMPROVE AND BEAUTIFY AREA.
34. APPOINT WALDEMAR LEE TO CITY OF MIAMI GENERAL 5/26/98
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT R 98-528
TRUST. 111-112
35 ACCEPT RECOMMENDATION OF SELECTION COMMITTEE 5/26/98
TO PROVIDE PLANNING AND DESIGN SERVICES FOR R 98-529
RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT - 113-123
DISCUSS CARNEY NEW HOUSE PROTEST RELATED TO
SAME ISSUE.
36. COMMISSIONER REGALADO REQUESTS REPORT 5/26/98
REGARDING TOWER THEATER. DISCUSSION
123-124
37. DISCUSS / TABLE TO LATER IN SESSION CONSIDERATION
OF AGENDA ITEM 21 (APPROVE RESTRUCTURING CITY'S
MULTI -FAMILY REHABILITATION LOAN FOR COMPLEX
LOCATED AT 5554 N.W. MIAMI COURT, IN LITTLE 1 AITI
TARGET AREA).
38. APPROVE WITH CONDITIONS THE MIAMI CHILDREN'S
MUSEUM PROJECT PURSUANT TO ARTICLE 4 OF ZONING
ORDINANCE 11000 - FOR CONSISTENCY WITH STATION
AREA DESIGN AND DEVELOPMENT PLAN - LOCATION:
VIZCAYA METRORAIL STATION - APPLICANT: MIAMI
YOUTH MUSEUM, INC. FOR MIAMI-DADE COUNTY
(OWNER).
39. (A) CONTINUE CONSIDERATION OF AGENDA ITEM PZ-10
(PROPOSED FIRST READING ORDINANCE TO CHANGE
FUTURE LAND USE ELEMENT AT 5100 AND 5110 N.W. 1
STREET AND 40 N.W. 51 AVENUE FROM DUPLEX
RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL) TO MEETING OF JUNE 23, 1998, AS FIRST
ITEM ON ZONING AGENDA.
(B) CONTINUE CONSIDERATION OF AGENDA ITEM PZ10
(PROPOSED FIRST READING ORDINANCE TO CHANGE
ZONING AT 5100 AND 5110 N.W. 1 STREET AND 40 N.W. 51
AVENUE FROM TWO-FAMILY RESIDENTIAL TO MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL) TO MEETING OF
5/26/98
DISCUSSION
124
5/26/98
R 98-530
124-160
5/26/98
M 98-531
M 98-532
161-178
JUNE 23, 1998.
40. APPROVE FIRST READING ORDINANCE: AMEND
ORDINANCE 10544, THE COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING DESIGNATION FOR PROPERTY AT
APPROXIMATELY THE EAST HALF OF BLOCK BOUNDED
BY S.W. 1 AND 2 STREETS BETWEEN S.W. 9 AND 10
AVENUES (EXCLUDING MANUEL ARTIME COMMUNITY
CENTER LOCATED AT APPROXIMATELY 900-970 S.W. 1
STREET) FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO
RESTRICTED COMMERCIAL.
41. APPROVE FIRST READING ORDINANCE: AMEND
ORDINANCE 11000 TO CHANGE ZONING AT
APPROXIMATELY THE EAST HALF OF BLOCK BOUNDED
BY S.W. 1 AND 2 STREETS BETWEEN S.W. 9 AND 10
AVENUES (EXCLUDING MANUEL ARTIME COMMUNITY
CENTER LOCATED AT APPROXIMATELY 900-970 S.W. 1
STREET) FROM G/I GOVERNMENT AND INSTITUTIONAL TO
C-I RESTRICTED COMMERCIAL.
5/26/98
FIRST READING
ORDINANCE
179-192
5/26/98
FIRST READING
ORDINANCE
193-194
42. GRANT APPEAL OF ZONING BOARD DECISION WHICH 5/26/98
DENIED VARIANCE TO PERMIT STRUCTURE WITH A R 98-533
HEIGHT OF 44'-9" - FOR EXPANSION TO EXISTING 194-198
SECONDARY SCHOOL - LOCATION: RANSOM
EVERGLADES SCHOOL, 3575 MAIN HIGHWAY - APPLICANT:
RANSOM EVERGLADES SCHOOL.
43. AMEND SECTION 2 OF R-98-315 - APPROVE WITH 5/26/98
MODIFICATIONS PLACEMENT OF BILLBOARD BY EAST R 98-534
COAST ADVERTISING - LOCATION: 515 N.W. 72 STREET - 198-200
APPLICANT: EAST COAST ADVERTISING.
44. CONTINUE CONSIDERATION OF AGENDA ITEM PZ 3 5/26/98
(APPEAL OF ZONING BOARD DECISION DENYING M 98-535
VARIANCES TO PERMIT SETBACKS AT 1520 S.W. 11 200-206
STREET) TO MEETING OF JUNE 23, 1998.
45. DENY APPEAL OF ZONING BOARD DECISION FOR 5/26/98
VARIANCE TO PERMIT STRUCTURE WITH REAR SETBACK R 98-536
OF 5'-7" FOR EXISTING ADDITION TO SINGLE FAMILY 206-214
RESIDENCE - LOCATION: 1636 S.W. 11 STREET -
APPLICANT: PABLO & ANA VALDES.
46. APPROVE FIRST READING ORDINANCE: AMEND 5/26/98
ORDINANCE 10544 FROM DUPLEX RESIDENTIAL TO FIRST READING
RESTRICTED COMMERCIAL TO CHANGE FUTURE LAND ORDINANCE
USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN 214-216
- LOCATION: 3188 S.W. 18 STREET AND 1801 S.W. 32
AVENUE - APPLICANT: PLANNING AND DEVELOPMENT.
47. APPROVE FIRST READING ORDINANCE: AMEND 5/26/98
ORDINANCE 11000, FROM R-2 TWO-FAMILY RESIDENTIAL FIRST READING
TO C-1 RESTRICTED COMMERCIAL TO CHANGE ZONING ORDINANCE
ATLAS - LOCATION: 3188 S.W. 18 STREET AND 1801 S.W. 32 217-218
AVENUE FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL.
48. APPROVE SPECIAL EXCEPTION TO ALLOW COMMUNITY 5/26/98
BASED RESIDENTIAL FACILITY - LOCATION: 955 N.W. 3 R 98-537
STREET - APPLICANT: VICTORIA PARTNERS, FLORIDA 218-221
JOINT VENTURE.
49. APPROVE FIRST READING ORDINANCE: AMEND 5/26/98
ORDINANCE 10544 FROM MEDIUM DENSITY RESIDENTIAL FIRST READING
AND RESTRICTED COMMERCIAL TO OFFICE - TO CHANGE ORDINANCE
FUTURE LAND USE ELEMENT OF COMPREHENSIVE 221-224
NEIGHBORHOOD PLAN - LOCATION: 3250 MARY STREET -
APPLICANT: SPP REAL ESTATE (CONTINENTAL PLAZA)
INC.
50. APPROVE CONDITIONALLY FIRST READING ORDINANCE: 5/26/98
AMEND ORDINANCE 11000, FROM R-3 MULTIFAMILY FIRST READING
MEDIUM DENSITY RESIDENTIAL WITH AN SD-3 COCONUT ORDINANCE
GROVE MAJOR STREETS OVERLAY AND SD-2 COCONUT 225-226
GROVE CENTRAL COMMERCIAL DISTRICT TO O OFFICE
TO CHANGE ZONING ATLAS - LOCATION: 3250 MARY
STREET - APPLICANT: SPP REAL ESTATE (CONTINENTAL
PLAZA) INC.
51. APPROVE REQUEST FOR RELEASE OF SANITARY SEWER 5/26/98
COVENANT, DATED APRIL 2, 1965 - WITH REGARD TO R 98-538
INSTALLATION OF PRIVATE SANITARY FORCE MAIN 226-229
WITHIN DEDICATED PUBLIC RIGHT-OF-WAY - LOCATION:
2785, 2835, 2855 TIGERTAIL AVENUE - APPLICANT: THE
CLARKSON COMPANY (CONTRACTEE) AND JAMES G.
ROBERTSON (OWNER).
52. APPROVE MODIFICATION OF ZONING COVENANT 5/26/98
RUNNING WITH THE LAND, DATED JULY 18, 1988, TO R 98-539
DELETE LANGUAGE IN PARAGRAPH C AND PERMIT 229-230
DEVELOPMENT OF LODGING HOUSE ON PROPERTY -
LOCATION: 2785, 2835, 2855 TIGERTAIL AVENUE -
APPLICANT: THE CLARKSON COMPANY (CONTRACTEE)
AND JAMES G. ROBERTSON (OWNER).
53. BRIEF DISCUSSION - APPELLANT WITHDRAWS APPEAL OF 5/26/98
ZONING BOARD DECISION TO PERMIT LODGING HOUSE AT DISCUSSION
2785, 2835, 2855 TIGERTAIL AVENUE - APPELLANT: 231
BERNARD WOLFSON INDIVIDUALLY AND TRADING AS
COURTYARDS RENTALS.
54. DENY APPEAL OF IMPACT FEE BOARD OF REVIEW 5/26/98
DECISION WHICH DENIED RELIEF FROM IMPACT FEES IN R 98-540
THE AMOUNT OF $75,382.10 - LOCATION: 3000 S.W. 3 231-232
AVENUE (MONSERRAT APARTMENTS) - APPLICANT:
LAZARO MILTON.
55. APPROVE FIRST READING ORDINANCE: AMEND 5/26/98
ORDINANCE 11000 - CHANGE ZONING DESIGNATION BY FIRST READING
AMENDING ZONING ATLAS FROM O OFFICE TO SD-5 ORDINANCE
BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT 232-234
- LOCATION: 194-218 S.E. 14 STREET - APPLICANT:
BAYHAVEN INVESTMENTS, INC.
56.
APPROVE FIRST READING ORDINANCE: AMEND
5/26/98
ORDINANCE 10544, FROM MAJOR INSTITUTIONAL, PUBLIC
FIRST READING
FACILITIES, TRANSPORTATION AND UTILITIES TO
ORDINANCE
GENERAL COMMERCIAL TO CHANGE FUTURE LAND USE
234-235
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN -
LOCATION: 1975 N.W. 12 AVENUE - APPLICANT:
PLANNING AND DEVELOPMENT.
57.
APPROVE FIRST READING ORDINANCE: AMEND
5/26/98
ORDINANCE 11000 FROM Gil GOVERNMENT AND
FIRST READING
INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL TO
ORDINANCE
CHANGE ZONING ATLAS - LOCATION: 1975 N.W. 12
235-236
AVENUE - APPLICANT: PLANNING AND DEVELOPMENT.
58.
APPROVE FIRST READING ORDINANCE: AMEND
5/26/98
ORDINANCE 11000 FROM G/I GOVERNMENT AND
FIRST READING
INSTITUTIONAL TO R-3 MULTIFAMILY MEDIUM DENSITY
ORDINANCE
RESIDENTIAL TO CHANGE ZONING ATLAS - LOCATION:
236-238
2301 N.W. 10 AVENUE (BOBBY MADURO STADIUM) -
APPLICANT: PLANNING AND DEVELOPMENT.
59.
APPROVE FIRST READING ORDINANCE: AMEND ARTICLE
5/26/98
4, SECTION 401 FO ZONING ORDINANCE 11000 - TO ALLOW
FIRST READING
PROCESSING / PACKAGING / HANDLING / DISTRIBUTION
ORDINANCE
AND WHOLESALE AND RETAIL SALES OF SEAFOOD
238-239
PRODUCTS AS CONDITIONAL PRINCIPAL USE AS WELL AS
CONDITIONAL ACCESSORY USES WITHIN C-1 RESTRICTED
COMMERCIAL ZONING DESIGNATION - APPLICANT:
PLANNING AND DEVELOPMENT.
60.
APPROVE FIRST READING ORDINANCE: AMEND ARTICLE
5/26/98
9, SECTION 926 OF ORDINANCE 11000 - TO ALLOW SIGNS
FIRST READING
OF GRAPHIC OR ARTISTIC VALUE (INCLUDING MURALS)
ORDINANCE
WITHIN SD-6, SD-6.1 CENTRAL COMMERCIAL -RESIDENTIAL
240-243
DISTRICTS AND CBD CENTRAL BUSINESS DISTRICT BY
CLASS II SPECIAL PERMIT, WITH CITY COMMISSION
APPROVAL - APPLICANT: PLANNING AND DEVELOPMENT.
61. APPROVE FIRST READING ORDINANCE: AMEND CHAPTER 5/26/98
35 OF CODE: MOTOR VEHICLES AND TRAFFIC - AMEND FIRST READING
ARTICLE VIII: VALET PARKING - PROVIDE FOR VALET ORDINANCE
PARKING WITHIN SD-5 BRICKELL AVENUE AREA 243-245
RESIDENTIAL -OFFICE DISTRICT, SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICT AND SD-7 CENTRAL
BRICKELL TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT
-APPLICANT: PLANNING AND DEVELOPMENT.
62. APPROVE FIRST READING ORDINANCE: AMEND CHAPTER 5/26/98
4, SECTIONS 4-13 OF CODE: CENTRAL BUSINESS DISTRICT FIRST READING
DISTANCE REQUIREMENTS TO PERMIT SALE OF LIQUOR IN ORDINANCE
RESTAURANTS, CAFES, CAFETERIAS AND DELICATESSENS 245-247
WITH SEATING FOR 50 CUSTOMERS OR MORE - LOCATION:
CBD CENTRAL BUSINESS DISTRICT - APPLICANT:
PLANNING AND DEVELOPMENT.
63 DEFER TO CITY COMMISSION MEETING OF JUNE 9, 1998 5/26/98
CONSIDERATION OF AGENDA ITEM 20 (PRESENTATION BY M 98-541
CITY MANAGER ON CITY'S RESPONSE TO HUD HOUSING 248-259
AND URBAN DEVELOPMENT AUDIT) - FURTHER
DEFERRING RELATED AGENDA ITEMS 20A; 2013; 20C; 201);
20E; 20F; 20G; 20H; 20I; 20J TO SAME MEETING OF JUNE 9,
1998 - FURTHER DIRECT CITY MANAGER TO SCHEDULE
ITEMS 20 THROUGH 20J IN THE CONSENT AGENDA OF THE
JUNE 9, 1998 COMMISSION MEETING.
64. RATIFY EXECUTION OF AGREEMENT OF CONTRACT FOR 5/26/98
LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF R 98-542
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 - 260-271
DIRECT CITY MANAGER AND CITY ATTORNEY TO
EXECUTE DOCUMENTS AND DISBURSE $5.5 MILLION IN
SECTION 108 LOAN GUARANTEE TO DADE FOREIGN TRADE
ZONE, INC. - TO ASSIST IN FINANCING OF WYNWOOD FREE
TRADE ZONE.
65. APPROVE RECONSTRUCTURING CITY'S MULTI -FAMILY 5/26/98
REHABILITATION LOAN FOR COMPLEX LOCATED AT 5554 R 98-543
N.W. MIAMI COURT, IN LITTLE HAITI TARGET AREA - 272-273
AUTHORIZE CITY MANAGER TO RECEIVE $225,000.00 FROM
PROPERTY OWNER AS PARTIAL PAYMENT OF CITY LOAN.
66. APPROVE EMERGENCY ORDINANCE: AUTHORIZE VALET 5/26/98
PARKING ALONG CORAL WAY CORRIDOR (SOUTHWEST 22 ORDINANCE 11663
STREET, SOUTHWEST 3 AVENUE AND 274-276
SOUTHWEST/SOUTHEAST 13 STREET) FROM SOUTHWEST
37 AVENUE TO BRICKELL AVENUE.
67. COMMISSIONER REGALADO DIRECTS CITY ATTORNEY TO 5/26/98
EVALUATE PENSION MATTER. DISCUSSION
276
68. APPROVE IN PRINCIPLE EMERGENCY REPAIR OF TRAFFIC 5/26/98
CIRCLE IN MILDRED AND CLAUDE PEPPER BAYFRONT R 98-544
PARK - ALLOCATE $50,000.00 AS FOLLOWS: $20,000. FROM 277-278
BAYSIDE CENTER LIMITED PARTNERSHIP; $20,000.00
FROM BAYFRONT VENTURES DB/A BAYFRONT PRINCESS;
$10,000.00 FROM BAYFRONT PARK MANAGEMENT TRUST
CAPITAL IMPROVEMENT ACCOUNT - RECONSIDER
MATTER AT JUNE 9, 1998 COMMISSION MEETING.
69. ACCEPT DONATIONS FROM BAYSIDE CENTER LIMITED 5/26/98
PARTNERSHIP ($20,000.00) AND FROM BAYFRONT R 98-545
VENTURES DB/A BAYFRONT PRINCESS ($20,000.00) - FOR 279
REPAIR OF TRAFFIC CIRCLE IN MILDRED AND CLAUDE
PEPPER BAYFRONT PARK.
70. DIRECT CITY MANAGER TO DISBURSE FUNDS TO 5/26/99
BAYFRONT PARK MANAGEMENT TRUST FOR $700,000.00 - R 98-546
FOR CAPITAL IMPROVEMENT PROJECTS AT MILDRED AND 280-281
CLAUDE PEPPER BAYFRONT PARK PURSUANT TO R98-404 -
FURTHER DIRECTING TRUST TO BID SAID CAPITAL
IMPROVEMENT PROJECTS.
71. COMMENTS FROM COMMISSIONER REGALADO 5/26/98
REGARDING YOUTH SERVICE ORGANIZATIONS USING DISCUSSION
CITY PARKS. 281
72. (A) DIRECT CITY MANAGER TO PREPARE ORDINANCE FOR 5/26/98
NEXT COMMISSION MEETING ADDRESSING DISCUSSION
DEVELOPMENT OF BUSINESS CORRIDOR IN OVERTOWN - 282-283
TO PRESENT COMPREHENSIVE PLAN TO ADDRESS CRIME
AND IMPROVE CONDITIONS AT LIBERTY CITY
(NORTHWEST 61 STREET BETWEEN 12-15 AVENUES,
REFERRED TO AS GERM (CITY) - FURTHER REQUESTING
PRESENTATION FROM POLICE REGARDING SAME DURING
JUNE 9, 1998 CITY COMMISSION MEETING.
(B) DIRECT CITY MANAGER TO PROVIDE STATUS REPORT
STATING WHEN DATA REGARDING DRUG AND
PROSTITUTION CONVICTIONS WILL BE TELEVISED
THROUGH NET 9.
73. DIRECT CITY MANAGER AND CITY CLERK TO PROVIDE 5/26/98
REPORT REGARDING VACANCIES AND RETAINED FUNDS DISCUSSION
OF THE BAYSIDE MINORITY FOUNDATION. 283-285
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the day of May 26, 1998, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in
regular session.
The meeting was called to order at 10:10 a.m. by Presiding Officer/Executive 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 Humberto Hernandez (District 3)
Commissioner Tomas Regalado ( District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Jose Garcia Pedrosa, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Mayor Joe Carollo, who then led those present in a
pledge of allegiance to the flag.
1 May 26, 1998
Mayor Carollo: We will begin with presentations that we have this morning. If may ask
Manny Duasso ... I believe his father's with him and family members. If you can come
with him, please. If I may ask Commissioner Gort if he could come and read this
proclamation, that he will present to Professor Duasso, in the company of his father,
Councilman Duasso from Sweetwater.
Commissioner Gort: Proclamation: Whereas Manny Duasso, Professor of English at
Miami Dade Community College, Inter -American Campus, is consistently rated as the
student's formidable professor, who's also generally interested in his students. As where
Manny Duasso strives to instill in his students, many of them single mothers, new
immigrants of hard working heads of families, with the confidence that they can
overcome obstacles, no matter how seemingly unanimous table; and whereas Manny
Duasso teaches for example. Showing his students that a young man, who was blind at
the age 23 can go on and obtain two undergraduate degrees and a master's and become a
valued, productive and contributing member of society. And whereas Manny Duasso's
students have responded by nominating him for an induction into the Who's Who of
America Educators, an event that will take place this summer. And wheras local
authorities, on behalf of the community, salute Manny Duasso for his strength, courage,
and preference. I, therefore, Joe Carollo, Mayor of the City of Miami, Florida, do hereby
proclaim Tuesday, May 26, 1998, as Manny Duasso Day. Congratulations. You're an
example for everybody.
Mr. Manny Duasso: Thank you.
Mayor Carollo: If I may ask Officers Margarita Crown and Nestor Garcia, if they could
come up, please. Officer Crown and Officer Garcia.
Commissioner Teele: Proclamation of the City of Miami. Whereas: it has been said,
few things are possible are impossible to diligent and skill. Great works are performed
not by strength but by perseverance. And whereas the City of Miami Police Officer
Margarita Crown demonstrated skill and perseverance during the month of April, 1998,
earning her the selection of the most outstanding officer of the month. And whereas
Officer Crown, together with Officer Nestor Garcia, compiled an impressive 94 arrests,
including 55 felonies, most of which stem from self -initiated investigations into
2 May 26, 1998
robberies, burglaries, homicide, narcotics dealings, domestic crimes, and others; and
whereas Officer Crown and Garcia, assigned to the Overtown NET, had been described
by their supervisors as the street drug dealers worst nightmare and as individuals who
have initiated... who have the initiative, the integrity and the professionalism to get the job
done and whereas local authorities and on behalf of the community salute Officer
Margarita Crown for her dedication and commitment. Now, therefore, the Mayor of the
City of Miami, Joe Carollo, do hereby proclaim and commend Officer Margarita Crown
for her outstanding performance of duty and dedication to the profession law enforcement
community. Signed May 26, 1998 by our Mayor. Officer Garcia will receive an identical
proclamation, but let me just state for the record, this commendation from the City of
Miami, Whereas: City of Miami Police Officer, Nestor Garcia, has also demonstrated
skill and perseverance during the month of April, earning him the selection of the most
outstanding officer of the month. Whereas local authorities on behalf of the community
salute Officer Nestor Garcia for his dedication and commitment. Now, therefore, the
Mayor of the City of Miami, Joe Carollo, do hereby commend Officer Nestor Garcia for
his continued outstanding performance of duty and dedication to professional law
enforcement. Signed May 26, 1998, by our Mayor.
Mayor Carollo: And if I may ask Officer Angel Calzadilla if he could come up, please.
This commendation reads as follows: Whereas the City of Miami Police Officer Angel
Calzadilla has devoted the last three and a half years to bring in positive publicity to the
Miami Police Department. And whereas Officer Calzadilla most successful projects have
included the Teddy Bear Patrol, which collects and delivers teddy bears for children in
distress and his frequent interaction with school children and troubled teens. Whereas
Officer Calzadilla tireless efforts have earned him numerous awards and commendations,
including the Florida Law Enforcement Public Information Officer Association, Public
Image Award for 1998, and wereas asked local authorities on behalf of the community
are pleased to salute Officer Angel Calzadilla for his dedication and commitment. Now,
therefore, I, as Mayor of the City of Miami, Florida, do hereby commend Officer Angel
Calzadilla for his continuing outstanding performance of duty and dedication to
professional law enforcement. Officer Calzadilla, we're very proud for the work you
have done. You, indeed, are an example of that Public Image Award for 1998 that you
received. Thank you. And if I may ask Joel Edward Maxwell if he could come up,
please. Now, Joel, the City Attorney is not going to fire you. That's you, yeah. We did
work out a year of severance pay, though. Seriously, now, as Interim City Attorney, Joel
Maxwell served this City extremely well. It showed dedication above and beyond the
call of duty and for that this Commission is proud to give him this commendation.
Whereas; capable individuals are often challenged to take unaided responsibilities in time
of need. And whereas Assistant City Attorney, Joel Edward Maxwell, rose to the
occasion when he was asked to function as Interim City Attorney for the period of
January 27 to April 15, 1998. And whereas Mr. Maxwell's effective service during that
time, which further evidence of his competence and allegiance to the City of Miami. And
whereas Mr. Maxwell first joined the City as Law Clerk on June 30, 1979 and was hired
fresh out of law school as Assistant City Attorney on February 1, 1982 and whereas Mr.
Maxwell has consistently served the City of Miami with professionalism and
3 May 26, 1998
commitment. And whereas local authorities on behalf of this community salute Joel E.
Maxwell for his dedication and dependability. Now, therefore, I, as Mayor of the City of
Miami, Florida, do hereby commend Joel Edward Maxwell for his outstanding
performance of duty and loyal service, and I would add dedication, to the City of Miami.
Thank you, Joel. Mr. City Attorney, would you like to join us? You get between him
there. I assure you this is not given to you instead of a raise this year.
Mr. Joel E. Maxwell: Thank you very much. Thank you very much.
Mayor Carollo: The additional commendations that we have will be at 2:30, so we will
proceed with the regularly scheduled items. Items 22, 24, 25, 26, and 28 from the
Consent Agenda have been withdrawn. That's Item 22, 24, 25, 26 and 28 from the
Consent Agenda have been withdrawn.
Commissioner Teele: Who were they withdrawn by, Mr. Chairman?
Mayor Carollo: These were withdrawn by the City Attorney. In addition, the City
Attorney has asked to pull Items 23, 27, 29, and 30. He's asked for Item 27 to be
modified and we will deal with that separately. The modifications, as I understand it, is
from ... is going to include that we will pay the law firm involved in this item, two hundred
and fifty thousand at this time and twenty-five thousand in the future. And, in addition
to...
4 May 26, 1998
Commissioner Teele: Which number is that, Mr. Mayor?
Mayor Carollo: This is 27 that will be modified to that. Also 23, 29 and 30 will be
pulled and deal with separately. In addition, the City Manager has pulled Item 2 and also
24 from the agenda. Are there any additional...?
Mr. Jose Garcia -Pedrosa (City Manager): Twenty-two also.
Mayor Carollo: Twenty-two? O.K. Two, 22 and 24. O.K. Two, 22 and 24 have been
withdrawn from this agenda. Are there any other items that any members of the
Commission need to pull from the Consent Agenda or from the regular agenda?
Commissioner Gort: I have a question and ... just a question. CA-13. My understanding
is we're requiring a, from this bid of transportation, we're requiring the operators to have
one million dollars ($1,000,000.00) bonds. My understanding is the School Board is
going out with the ... their own RFP (Request for Proposals) and they're only requesting
liability for three hundred thousand dollars ($300,000.00). I think going to one million
dollars ($1,000,000.00), that might put a burden on the operators.
Commissioner Regalado: I will try to amend that resolution stating that we will require
the same amount the School Board and not the million dollars ($1,000,000.00) that we
are asking.
Commissioner Gort: The same amount we had. I think it was a half a million dollars
($50,000.00), wasn't it?
Commissioner Regalado: Yeah, on the same amount.
Commissioner Gort: Whatever we had in the past.
Unidentified Speaker: We had in the past half a million.
Commissioner Regalado: Yeah. Do we need a ... Mr. Mayor, do we need a vote or just
a...?
Mayor Carollo: We would need to vote on the ones that are being withdrawn, so I need...
Commissioner Regalado: No, I mean on this one, just amending this CA-13.
Mayor Carollo: On 13, let's just ... it's 13... regular 13, you're saying?
Commissioner Regalado: no, the Consent Agenda number 13.
Commissioner Gort: No, CA-13.
5 May 26, 1998
(NOTE FOR THE RECORD: COMMISSIONER HUMBERTO HERNANDEZ
ENTERED THE COMMISSION CHAMBERS AT 10:27 A.M.]
Commissioner Regalado: And what we did, I ... I'm trying to amend that to say we are
going to have the same amount of insurance that the school board has and that we used to
have in the past and not...
Mayor Carollo: Why don't we just pull that and we'll deal with that right after we deal
with the Consent Agenda. That will be the first one we deal with.
Commissioner Regalado: O.K. All right.
Mayor Carollo: So that will be 13 that...
Commissioner Teele: Mr. Mayor, I don't have Item CA-15 in my packet.
Mayor Carollo: O.K. You want to pull that one, Commissioner?
Commissioner Teele: Was it distributed late? Could we just hold it until this afternoon
or something? I'd like to review it. Do you have a copy of one, Mr. Mayor, Mr.
Manager?
Mayor Carollo: I don't ... I don't have one either, I don't believe. Just let me know once
you all are ready. Any other items right now that anyone else would like to pull? This is
for the Commission. I'm sorry. When we get to the Consent Agenda, you could address
us then. On Item 19, at the last Commission meeting, the Manager had been instructed to
bring back the item relating to his personal package with the estimates that ... new
estimates that he was going to be given, what his package was worth, so that that could be
discussed. It's not in this agenda and what I would like to do, which would really make
more sense than doing it this way, is to include 19... save 19, so that when we discuss that
item, we could make sure, as it was previously discussed by this body in the past, that the
benefits, as far as that we have to give, would be in line with what salaries are given. I
think that ... now that it appears that there's a new philosophy that there are ... none of the
caps that were talked about before. I don't know if there's going to be any re -adjustment
insofar as the straight salary of the Assistant City Manager. Therefore, I think it would be
probably not appropriate for this Commission to approve an additional twenty percent
benefits in their salary, if we don't know how much of raise a they might get or not get,
so I'd like to pull 19 and then bring it back next week together...
Commissioner Teele: Is that CA19 or...?
Mayor Carollo: No, just regular 19. So I'm going to include 19 with the others that will
be withdrawn, which ... on the regular agenda, which is two, 22, 24 and now 19.
6 May 26, 1998
Commissioner Gort: Excuse me, Mr. Mayor. Which one being pulled on regular
agenda?
Mayor Carollo: Excuse me?
Commissioner Gort: On the regular agenda...
Mayor Carollo: On the regular agenda is 19... well, let me go by number. Item 2, Item
19, 22 and 24. From ... these are being withdrawn. From the Consent Agenda, 22, 24, 25,
26 and 28 are being withdrawn. And, then, from the Consent Agenda, CA-13, 23, 27, 29
and 30 are being pulled and we will deal with them individually. Any others? O.K. Are
there any questions that any member of the Commission might have on any items that are
left in the Consent Agenda? O.K. Hearing none, let me ask, is there anyone here, besides
Mr. Mariano Cruz, that would like to address this body on any item in the Consent
Agenda?
Mayor Carollo: O.K., there's two gentlemen. Mr. Cruz, which item would you like to
address, sir?
Mr. Mariano Cruz: One is CA-2 and then I got the other ones...
Mayor Carollo: CA-2...
Mr. Cruz: Yes, the homeless things. The homeless employees. O.K.
Mayor Carollo: O.K., the CA-2? Very good. So, you want to address CA-2. O.K.
Mr. Cruz: CA-14 and 15... and the others ... most of them were pulled, from 22 to 31,
about the...about the lawyer's fee first. I'm going to be...
Mayor Carollo: Well, from 22 to 31. We're pulling 23 and 30 in...
Mr. Cruz: Yeah, I know. But still I want to ... to touch generally, generally. I'm not
going to touch any of those.
Mayor Carollo: O.K. And take two minutes, then, sir. Thank you.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. First, I'm going to go on
the homeless. I didn't know we got so many. Now, the City employees with the
homeless because we're dealing there with the homeless in Allapattah for eight or 10
years now and I see the same homeless in the street that I saw eight years and since 1988,
and at the Miami Marine Stadium, they're still there. And my wife tells me that everyday
she goes by the market, that's one of the big problems over there. They don't do outreach
or I don't know what's going on there, but they use the money for the homeless... what
they use for food stamps or what they use the money for. That's one. O.K. The other
7 May 26, 1998
one is the ... I ... monies are being used for capital improvements for the Fire Department
from Community Development. Maybe it is eligible use but I don't think it's fair to use
the money from the poor people for the Fire Department. They can use that from the
general funds. They got now a tax that they go ... fee ... fire fee. They could use that money
for that. Community Development money should be used in the poor areas, there. That's
what it should be. The same thing ... O.K. What Code Enforcement they say or the lot
clean. O.K. Now, the lawyers' money. I got here about nine items that lawyers
business is being farmed out. Why do we need a Law Department in the City of Miami?
With high pay lawyers' and all that. I don't know how many lawyers we got but
being ... that' doesn't n make sense to me. And then we go in here and we get ... farm out
six hundred and sixty-six thousand, twenty-five dollars and eighty-six cents
($666,025.86). Now, they took some money out of that but still it's a big money and
they... Most of these lawyers, I know they live well: Fisher Island, William's Island,
Pinecrest. They don't live in Coral ... within the city limits. At least make an effort to
get ... I really doesn't ... it doesn't mean get in my mind, that we need only an administrator
and somebody ... and somebody to farm out or to say we farm out this and we settle this or
litigate this. We don't need so many lawyers in the city if we're going to pay this amount
of money.
Mayor Carollo: Two minutes, Mr. Goenaga.
Manuel Gonzalez-Goenaga: Good morning, Commissioner, citizens of Miami and today,
The Miami Herald. My name is Manuel Gonzalez Goenaga, 2469 Southwest 14 Street. I
will ... I came prepared to speak about the farming out on lawyers' fees and so many law
firms and we ... I think that we have 22 sophisticated, honorable attorneys within that
department. I am afraid it's our time that is there just like legal help or legal assistants.
We should not try to farm out. After all, I realize also that the problems created when
they arrive at the lawyer's seat, they are lost before they arrive to the lawyers. Because
the problems that we have had in Miami, that have cost all these lawsuits, are very old
from a bad administration, so I presume that, from now on, things are going to be
different. We are just paying the sins of the past. Thank you very much.
Mayor Carollo: All right. Is there anyone else?
Mr. Ivey Kearson. Yes. My name is Ivey Kearson. In regards to CA-24, will that be
discussed this morning or this afternoon?
Mayor Carollo: No, that's being withdrawn.
Mr. Kearson: Totally withdrawn?
Mayor Carollo: Yes. CA-24, the City Attorney asked to withdraw that, along with 22,
25, 26 and 28.
Mr. Kearson: Thank you very much.
8 May 26, 1998
Mayor Carollo: O.K. All right. Is there anyone else that would like to address this body
on any item in the Consent Agenda? Yes, ma'am. Good morning.
Ms. Marion Crawford Kiley: Good morning. This is in reference to CA-18.
Mayor Carollo: Yes.
Ms. Crawford -Kiley: Mr. Mayor, Mr. Manager, Commissioners, some of you know me
from speaking on my professional role on behalf of children in the community. Today,
I'm here for the neighborhood of Edge Water and my family settled in that community in
1919, so I have a very long history. And this is in regard to Edge Water Police Mini -
Station, CA Number 18. 1 want to speak in behalf of that. Thank you very much if you
would vote for it, the City of Miami Police has done amazing things to help us in the
community. I'd like to keep that presence. Thank you very much. Marion Crawford -
Kiley is my name.
Mayor Carollo: Thank you for your time. Thank you. All right. Any further statements
from any members of the Commission?
Commissioner Gort: Move the Consent Agenda.
Mayor Carollo: It's moved by Commissioner Gort.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor, signify by saying
"aye." There are no nays. It passes unanimously.
The Commission (Collectively): Aye.
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.
9 May 26, 1998
THEREUPON MOTION DULY MADE BY
COMMISSIONER GORT AND SECONDED BY
COMMISSIONER HERNANDEZ, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
2.1 ACCEPT PLAT: MOLLINEDO SUBDIVISION.
RESOLUTION NO.98-494
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
PLAT ENTITLED: MOLLINEDO SUBDIVISION, A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL
OF THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE, AND ACCEPTING THE DEDICATINS SHOWN
ON SAID PLAT; ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
10 May 26, 1998
2.2 EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH FOUNDATION
HEALTH SYSTEMS — FOR HEALTH INSURANCECOVERAGE - FOR
HOMELESS PROGRAM EMPLOYEES — ALLOCATE $45,000. FROM
EMERGENCY SHELTER GRANT.
RESOLUTION NO.98-495
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
FOUNDATION HEALTH SYSTEMS, TO PROVIDE HEALTH
INSURANCE COVERAGE FOR THE EMPLOYEES OF THE
OFFICE OF HOMELESS PROGRAMS, FOR A PERIOD OF
ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, IN AN ANNUAL
AMOUNT NOT TO EXCEED $45,000; ALLOCATING FUNDS
THEREFOR FROM THE EMERGENCY SHELTER GRANT,
ACCOUNT CODE 183011.450392.6.130.
2.3 AUTHORIZE REQUEST FOR PROPOSAL FOR CONSULTING SERVICES
FOR POLICE LIEUTENANT EXAMINATION PROCESS FOR HUMAN
RESOURCES.
RESOLUTION N. 98-496
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ISSUE A REQUEST FOR
PROPOSALS ("RFP"), IN SUBSTANTIALLY THE
ATTACHED FORM AND SUBJECT TO REVIEW BY THE
CITY ATTORNEY,TO SOLICIT PROPOSALS FOR
CONSULTING SERVICES FOR THE POLICE LIEUTENANT
EXAMINATION PROCESS FOR THE DEPARTMENT OF
HUMAN RESOURCES, AND TO SUBMIT THE MOST
ADVANTAGEOUS PROPOSAL TO THE CITY COMMISSION
FOR APPROVAL.
11 May 26, 1998
2.4 APPROVE CONVERSION OF BUSES — BY PRISON REHABILITATIVE
INDUSTRIES AND DIVERSIFIED INDUSTRIES, ;INC (PRIDE) - ALLOCATE
$98,800.50 FROM WEED AND SEED ASSET FORFEITURE GRANT
(142013.290493.6.270).
RESOLUTION NO. 98-497
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
CONVERSION OF TWO BUSES BY PRISON
REHABILITATIVE INDUSTRIES AND DIVERSIFIED
INDUSTRIES, INC., (PRIDE), A FLORIDA CORPORATION
ESTABLISHED UNDER SECTION 946.504(7), FLORIDA
STATUTES, TO CARRY OUT THE PROVISIONS OF
SECTION 946.502, FLORIDA STATUTES, SAID
CONVERSION BEING AUTHORIZED UNDER THE
"MIAMI/MIAMI-DADE WEED AND SEED PROGRAM," AT A
TOTAL PROPOSED COST OF $98,800.50; ALLOCATING
FUNDS THEREFOR FROM THE WEED AND SEED ASSET
FORFEITURE GRANT, ACCOUNT CODE NO.
142013.290493.6.270.
12 May 26, 1998
RESOLUTION NO. 98-498
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH LUBIN'S
DEVELOPMENT CORPORATION, FOR USE BY THE CITY
OF APPROXIMATELY 1,750 SQUARE FEET OF OFFICE
SPACE AND TWENTY-FIVE (25) PARKING SPACES,
LOCATED AT 7815 NORTHEAST 2"D AVENUE, MIAMI,
FLORIDA, FOR THE LITTLE HAITI NET SERVICE CENTER;
PROVIDING THAT THE USE OF SAID OFFICE SPACE
SHALL BE AT RENTAL RATE OF $5.98 S.F.
($872.08/MONTH) AND FOR A TERM OF FIVE (5) YEARS;
AUTHORIZING THE CITY MANAGER TO RENEW THE
LEASE FOR FIVE SUCCESSIVE ONE YEAR TERMS,
SUBJECT TO THE SAME TERMS AND CONDITIONS AND
THE AVAILABILITY OF FUNDS; WITH TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN
THE AGREEMENT.
2.6 RATIFY / APPROVE / CONFIRM EMERGENCY FINDING APPROVE
EMERGENCY REPAIR OF RESCUE 12 BY ALL STATE PAINT & BODY 'SHOP,
INC. — ALLOCATE $5341.00 FROM FIRE -RESCUE SPECIAL REVENUE 'FUND
(105000.280502.6.670).
RESOLUTION NO. 98-499
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE EMERGENCY REPAIR OF RESCUE 12, BY
ALL STATE PAINT & BODY SHOP, INC., AT A COST OF
$5,341.00; WITH FUNDS THEREFOR HEREBY ALLOCATED
FROM THE DEPARTMENT OF FIRE -RESCUE SPECIAL
REVENUE FUND, ACCOUNT CODE 105000.280502.6.670.
13 May 26, 1998
RESOLUTION NO.98-500
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACQUIRE THREE DUPLEXES LOCATED IN THE NARANJA
AREA OF MIAMI-DADE COUNTY, FORMERLY OWNED BY
CHRISTIAN COMMUNITY SERVICE AGENCY;
ALLOCATING FUNDS FROM THE FY 1997 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM GRANT (ACCOUNT NO.
194005.590605.6860.94654) IN AN AMOUNT NOT TO
EXCEED $200,000.00 FOR THE PROVISION OF HOUSING
ASSISTANCE TO VERY LOW INCOME PERSONS WITH
HIV/AIDS; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE FOR THE TRANSFER AND OPERATION OF
SAID PROPERTIES WITH THE SOUTH FLORIDA JAIL
MINISTRIES/AGAPE WOMEN'S CENTER (AGAPE);
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY AND ANY AMENDMENTS
THERETO, WITH CERTAIN TERMS AND CONDITIONS,
FOR THE CONVEYANCE OF THE SUBJECT PROPERTIES
TO SOUTH FLORIDA JAIL MINISTRIES/AGAPE WOMEN'S
CENTER, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
14 May 26, 1998
RESOLUTION NO. 98-501
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A TELEPHONE TARIFF
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH BELLSOUTH
TELECOMMUNICATIONS, INC., FOR THE PROVISION
OF T1 MEGALINK CIRCUIT SERVICES FOR A PERIOD OF
TWENTY-FOUR (24) MONTHS TO PROVIDE DATA
COMMUNICATIONS BETWEEN THE OFFICE OF WORK
FORCE DEVELOPMENT AND THE MIAMI RIVERSIDE
CENTER; AT A TOTAL PROPOSED INSTALLATION COST
OF $1,471. AND AN ANNUAL AMOUNT NOT TO EXCEED
$6,000; ALLOCATING FUNDS THEREFOR FORM
ACCOUNT CODE NO. 184089.454006.6.510 FOR SAID
SERVICES.
RESOLUTION NO.98-502
A RESOLUTION AUTHORIZING PROCUREMENT OF THE
"ISYS" INFORMATION MANAGEMENT AND RETRIEVAL
SOFTWARE SYSTEM FROM ODYSSEY DEVELOPMENT,
INC., FOR THE CITY CLERK'S OFFICE AND OTHER CITY
DEPARTMENTS, AT A TOTAL COST NOT TO EXCEED
$15,000.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, PROJECT NO.
311031-229401-840.
15 May 26, 1998
RESOLUTION NO.98-503
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A TELEPHONE TARIFF
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH BELLSOUTH TELECOMMUNICATIONS,
INC., FOR THE PROVISION OF T1 CHANNELIZED
MEGALINK CIRCUIT SERVICES FOR A PERIOD OF
TWENTY-FOUR (24) MONTHS TO PROVIDE VOICE
COMMUNICATION SERVICE TO THE INTEGRATED VOICE
RESPONSE SYSTEM CURRENTLY BEING INSTALLED AT
400 N.W. SECOND AVENUE FOR THE DEPARTMENT OF
BUILDING AND ZONING, AT A TOTAL PROPOSED
INSTALLATION COST OF $1,700 AND AN ANNUAL
AMOUNT NOT TO EXCEED $10,150; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO.
421001.560302.6.907 FOR SAID SERVICES.
2.11 RATIFY / APPROVE / CONFIRM'' EMERGENCY FUNDING — AUTHORIZE
REPAIR OF QUINT 4 BY SIMON LADDER TOWER, INC. — ALLOCATE
$5,940.00 FROM FIRE -RESCUE ACCOUNT001000.280701.6.670
RESOLUTION NO. 98-504
A RESOLUTION BY A 4/5T' S AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
AUTHORIZING THE EMERGENCY REPAIR OF QUINT 4 BY
SIMON LADDER TOWER, INC., AT A COST OF $5,940.00;
ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF FIRE -RESCUE GENERAL FUND,
ACCOUNT CODE 001000.280701.6.670.
16 May 26, 1998
2.12 AUTHORIZE ISSUING REQUEST FOR PROPOSAL (RFP) - FOR PROVISION
OF HUMAN DIVERSITY TRAINING - FOR POLICE.
RESOLUTION NO. 98-505
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ISSUE A REQUEST FOR
PROPOSALS ("RFP"), IN SUBSTANTIALLY THE
ATTACHED FORM AND SUBJECT TO REVIEW BY THE
CITY ATTORNEY, TO SOLICIT PROPOSALS FOR THE
PROVISION OF HUMAN DIVERSITY TRAINING FOR THE
DEPARTMENT OF POLICE, AND TO PRESENT THE MOST
ADVANTAGEOUS PROPOSAL TO THE CITY COMMISSION
FOR APPROVAL.
RESOLUTION NO. 98-506
A RESOLUTION ACCEPTING THE BID OF BEST GARAGE
DOORS, INC., FOR THE FURNISHING AND INSTALLATION
OF OVERHEAD ROLLING DOORS FOR THE DEPARTMENT
OF FIRE -RESCUE, AT A TOTAL PROPOSED AMOUNT OF
$14,676.00; ALLOCATING FUNDS THEREFOR FROM THE
COMMUNITY DEVELOPMENT 23RD YEAR BLOCK GRANT,
ACCOUNT CODE NO. 313300.319301.6.860.
17 May 26, 1998
RESOLUTION NO. 98-507
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
ESTABLISHMENT OF A QUALIFIED BIDDER'S LIST
COMPRISED OF SIXTEEN (16) PRE -QUALIFIED VENDORS,
AS LISTED ON EXHIBIT A ATTACHED HERETO, FOR
CITY-WIDE LOT CLEARING SERVICES, 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, FOR VARIOUS NET
SERVICE CENTERS, AT A TOTAL ANNUAL AMOUNT NOT
TO EXCEED 320,000; ALLOCATING FUNDS THEREFOR AS
FOLLOWS: $100,000 FROM COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, PROJECT NO. 799229, INDEX
CODE 459822; $200,000 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO.
799229, INDEX CODE 452422; AND $20,600 FROM THE
SPECIAL REVENUE FUND, PROJECT NO. 145001, INDEX
CODE 251113.
2.15 ACCEPT BID: LAA.SON SYSTEMS, INC. — FOR MICROFILMING 'SERVICES
FOR POLICE — ALLOCATE $15,000.00 FROM ACCOUNT 001000.290201.6,270.
RESOLUTION NO. 508
A RESOLUTION ACCEPTING THE BID OF LASON
SYSTEMS, INC., FOR THE PROVISION OF MICROFILMING
SERVICES FOR THE DEPARTMENT OF POLICE, ON A
CONTRACT BASIS FOR TWO (2) YEARS, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, AT A TOTAL ANNUAL AMOUNT NOT TO
EXCEED $15,000.00; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 001000.290201.6.270.
18 May 26, 1998
RESOLUTION NO.98-509
A RESOLUTION APPROVING THE PROCUREMENT AND
INSTALLATION OF LIGHT BARS, SIRENS, AND
ACCESSORIES FOR POLICE AND FIRE EMERGENCY
RESPONSE VEHICLES FROM METRO USA, UNDER
MIAMI-DADE COUNTY CONTRACT NO. 5038-3/99-2, ON
AN AS -NEEDED CONTRACT BASIS UNTIL OCTOBER 31,
1998, WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE-YEAR PERIOD, FOR THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, AT A TOTAL ANNUAL AMOUNT NOT
TO EXCEED $149,115.00; ALLOCATING FUNDS THEREFOR
FROM THE CAPITAL IMPROVEMENT PROGRAM,
"REPLACEMENT OF CITY-WIDE FLEET," PROJECT NO.
311850.
19 May 26, 1998
RESOLUTION NO. 98-510
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, WITH NORTHERN TRUST BANK, TRUSTEE &
LAWRENCE J. SCHLOSBERG, TRUSTEE, FOR USE BY
THE CITY OF APPROXIMATELY 500 SQUARE FEET OF
OFFICE SPACE, LOCATED AT 2415 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, TO BE OCCUPIED FOR
THE OPERATION OF THE EDGEWATER POLICE MINI
STATION; PROVIDING FOR (i) A MONTHLY RENT AT AN
AMUONT OF $475.00 FOR THE FIRST YEAR, $500.00 FOR
THE SECOND YEAR AND $525.00 FOR THE THIRD YEAR,
(ii) A TERM OF THREE (3) YEARS, AND SUCH
ADDITIONAL TERMS AND CONDITIONS AS ARE MORE
PARTICULARLY SET FORTH IN THE ATTACHED LEASE;
ALLOCATING FUNDS THEREFOR FROM POLICE
GENERAL OPERATING BUDGET ACCOUNT CODE
00180.290201.6.610 FOR THE LEASE OF SAID SPACE.
20 May 26, 1998
2.18 AUTHORIZE LEASE AGREEMENT WITH COCONUT GROVE 'VENTURES,'
INC - FOR OFFICE AND CLASSROOM SPACE AT 3672 GRAND AVENUE' — FOR
OFFICE OF WORKFORCE DEVELOPMENT ALLOCATE FUNDS FROM CITY'
INDEX 454006 AND CITY PROJECT 184099.
RESOLUTION NO. 98-511
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM BETWEEN THE CITY OF MIAMI AND COCONUT
GROVE VENTURES, INC., FOR THE PURPOSE OF
LEASING 1,116 SQUARE FEET OF OFFICE AND
CLASSROOM SPACE AT 3672 GRAND AVENUE, MIAMI,
FLORIDA TO BE OCCUPIED BY THE OFFICE OF
WORKFORCE DEVELOPMENT, PROVIDING FOR: (i)
MONTHLY RENT AT AN AMOUNT OF $12.50 PER SQUARE
FOOT, FOR A TOTAL MONTHLY COST OF $1,162.50, (ii) A
TERM OF ONE (1) YEAR, (iii) A CITY OPTION TO RENEW
FOR UP TO FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS,
AND SUCH ADDITIONAL TERMS AND CONDITIONS AS
ARE MORE PARTICULARLY SET FORTH IN THE
ATTACHED LEASE; ALLOCATING FUNDS THEREFOR
FROM CITY INDEX NO. 454006 & CITY PROJECT NO.
184089.
21 May 26, 1998
2.19 AUTHORIZE LEASE AGREEMENT WITH WARNER PLACE, ' INC FOR
OFFICE AND CLASSROOM SPACE AT III SOUTHWEST 5 AVENUE'— FOR
OFFICE OF WORKFORCE DEVELOPMENT - ALLOCATE FUNDS FROM
CITY INDEX 454006 AND CITY PROJECT 184089.
RESOLUTION NO.98-512
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM BETWEEN THE CITY OF MIAMI AND WARNER
PLACE, INC. FOR THE PURPOSE OF LEASING 2,887
SQUARE FEET OF OFFICE AND CLASSROOM SPACE AT
111 SOUTHWEST 5"' AVENUE, MIAMI, FLORIDA, TO BE
OCCUPIED BY THE OFFICE OF WORKFORCE
DEVELOPMENT; PROVIDING FOR: (i) A TERM OF ONE (1)
YEAR, (iii) A CITY OPTION TO RENEW THE TERM FOR UP
TO FIVE (5) ADDITIONAL ONE-YEAR PERIODS, AND
SUCH ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE ATTACHED LEASE
AGREEMENT; ALLOCATING FUNDS THEREFOR FROM
CITY INDEX NO.454006 AND CITY PROJECT NO. 184089.
22 May 26, 1998
RESOLUTION NO.98-513
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM BETWEEN THE CITY OF MIAMI AND THE BLACK
ARCHIVES HISTORY AND RESEARCH FOUNDATION
OF SOUTH FLORIDA, INC., FOR THE PURPOSE OF
LEASING 1,534 SQUARE FEET OF OFFICE AND
CLASSROOM SPACE AT 250 N.W. 9"' STREET, MIAMI,
FLORIDA TO BE OCCUPIED BY THE OFFICE OF
WORKFORCE DEVELOPMENT, PROVIDING FOR: (i) RENT
IN AN AMOUNT OF $7.82 PER SQUARE FOOT, FOR A
TOTAL MONTHLY COST OF $1,000.00, (ii) A TERM OF ONE
(1) YEAR, (iii) A CITY OPTION TO RENEW FOR UP TO
THREE (3) ADDITIONAL ONE-YEAR PERIODS, AND SUCH
ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE ATTACHED LEASE;
ALLOCATING FUNDS THEREFOR FROM CITY INDEX NO.
454006 AND CITY PROJECT NO. 184089.
2.21 ACCEPT DONATION OF PALM TREES FROM RECIO & ASSOCIATES
FOR BEAUTIFICATION PURPOSES.
RESOLUTION NO. 98-514
A RESOLUTION ACCEPTING THE DONATION OF FOUR (4)
PALM TREES FROM RECIO & ASSOCIATES, WITH A
TOTAL VALUE OF APPROXIMATELY $400, FOR
BEAUTIFICATION PURPOSES IN THE FLAGAMI AREA.
23 May 26, 1998
3. BRIEFLY DISCUSS1 TABLE TO 2:30 P.M. CONSIDERATION OF AGENDA
ITEM 6 (TCI FRANCHISE UPDATE).
Mayor Carollo: Now, we'll go to CA-13.
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Yes, sir.
Commissioner Teele: Before you do, I note in the audience we have Mr .... the
distinguished attorney, Mr. Lebowitz and an item requested by Commissioner Plummer.
It's my understanding that Commissioner Plummer won't be here until 2:30.
Mayor Carollo: In the afternoon agenda, that's correct.
Commissioner Teele: This is Item Number 6. Personal appearance. Are we going to
hear this item? I don't know if he's charging us by the hour but...
Mr. Garcia Pedrosa: Mr. Mayor, if I may clarify.
Mayor Carollo: Go ahead.
Mr. Garcia Pedrosa: What Commissioner Plummer requested is the matter of the fees.
Mr. Lebowitz is also here to report to the Commission on the latest developments in
respect to the cable franchise and his recommendations.
Commissioner Teele: But as a courtesy to Commissioner Plummer, don't you think we
should hold that item until Commissioner Plummer is present, Mr. Mayor?
Mayor Carollo: That's correct. Matt, if you like ... you know, if you want to come back at
2:30, that will be fine. Thanks, Matt. Thanks, Art.
(Discussion)
24 May 26, 1998
4. ACCEPT BID: J. BALSERA SCHOOL BUS SERVICE, INC.- FOR BUS
TRANSPORTATION SERVICES — FOR PARKS AND RECREATION '-
ALLOCATE $53,528.00 FROM CONSOLIDATED' ACCOUNT CODE 580211-530'
AND FROM ACCOUNT 580301-530. - SEE LABEL 213
Mayor Carollo: All right. Anything else? O.K. We're back to CA-13. What are the
changes we need to make on this one?
Commissioner Regalado: Mr. Mayor, just basic change that we would only require half
a million dollars ($500,000.00) in insurance instead of a million dollars ($1,000,000.00)
that was requested this year by the administration and the reason for half a million dollars
($500,000.00) is that that is the same amount that the Dade County ... Miami -Dade County
School Board wants on their busses and their private contractors and that's the same
amount that was requested last year and throughout the years, so this is the amendment to
that.
Mayor Carollo: You want to go from five hundred thousand to a million?
Commissioner Regalado: No, I'm sorry. Instead of a million, five hundred thousand.
Mr. Alejandro Vilarello (City Attorney): Mr. Mayor?
Mayor Carollo: Mr. City Attorney.
Mr. Vilarello: This item involves a sealed bid and that was the insurance requirement
required in the sealed bid. The other bidders ... I believe there was two other bidders that
we received bids on ... bided at a million dollars ($1,000,000.00) of insurance. If you...
Mayor Carollo: Nothing we can do on that?
Mr. Vilarello: Pardon me?
Mayor Carollo: There's nothing we can do on that?
Mr. Vilarello: Well, I believe, you either have to ... if you want to change the business
terms of the bid, you can reconsider and reject all bids and allow even competition
amongst anybody interested.
Commissioner Gort: You need to implement that program, so why don't you move it
the way it is.
Mayor Carollo: Did he ... I would imagine, since he won the bid, he presented proof of
insurance for a million dollars ($1,000,000.00)? Mr. Ruder?
25 May 26, 1998
Mr. Ruder: Excuse me.
Mayor Carollo: Since he won the bid, I would imagine he presented proof of insurance
for a million dollars ($1,000,000.00)?
Mr. Ruder: Yes. Yes, he did. Or he's ... he's going to present it now that he ... that he got
the bid. If we were to rebid this, I don't see how we could have this in place for our
summer program, which starts on June 22°d
Mayor Carollo: I would agree, and there'd be no other way that this could be done, so...
Commissioner Regalado: Why ... why is the million dollars ($1,000,000.00)... why the
decision was made if Dade County School Board has a half million dollars
($1,000,000.00)?
Mario Soldevilla: We re ... we had reviewed ... we typically review this every year. We
hadn't reviewed this bid for the last two years and we felt that half a million really wasn't
sufficient because of the number of children that they're carrying. It's for ... it's for a full
year and it's a reasonable amount to request a million dollars ($1,000,000.00).
Commissioner Regalado: Well, why did Miami -Dade School Board does not...
Mr. Soldevilla: I don't know exactly why. My...
Commissioner Regalado: But I mean, they ... they move more children than we do.
Mr. Soldevilla: Maybe that's part of the risk also over a lot more buses than what ... than
what we're having. They ... they require three hundred thousand dollars ($300,000.00) or
five thousand dollars ($5,000.00) per seat of capacity in a bus. Some buses carry in, you
know, in excess of 60, 65, 70, 70 children so that also bumps the ... their requirements.
Commissioner Regalado: So what's going to happen now is that ... is ... is the service
going to charge more to the City because it has to pay more insurance?
Ms. Judy Carter: No, sir. Whatever was bid by the vendor is the rate that we will expect.
Every bid in which there is insurance requirements required, must sign an
acknowledgment of what those particular requirements are, so every bidder knows that
these are the kinds of requirements that we will require for this bid, although we do not
accept the certificate until an award has been made, naturally.
Commissioner Regalado: How many accidents we had last year?
Mr. Ruder: None that I know.
26 May 26, 1998
Mayor Carollo: Commissioner, if I may. It's been made clear by the City Attorney that
there's nothing that this body could do, unless you want to throw all the bids out and
want to rebid it with five hundred thousand dollars ($500,000.00) of insurance. I'm sure
that this discussion that you carry on with them for the following years at another time.
Commissioner Regalado: No, I ... Mr. Mayor, I just needed to know who made the
decision and why because it's a question that I don't understand.
Mayor Carollo: Well, but see, this is something that should have been handled before it
went out to bid. A million dollars ($1,000,000.00) frankly, is not odd or strange. It's
common in any type of bidding like this. If we wanted to have gone with half a million,
it's also not an odd amount to go with, but it's been done. You know, the problem is
dealing with something after the fact, we can't do that now, unless you want to go ahead
and rebid again and, by that time, you know, we'd be late.
Commissioner Regalado: No, I don't. No, I don't. I'm ready to vote.
Mayor Carollo: All right. So you're making a motion for CA-13?
Commissioner Regalado: Yes.
Mayor Carollo: There's a motion for Ca-13.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Gort.
Commissioner Teele: Discussion.
Mayor Carollo: Discussion.
Commissioner Teele: Mr. Mayor, I just want to be on the record as taking the position
that Commissioner Regalado's taking. And I'm not satisfied, Mr. Manager, with the
response of the staff. I agree that the Mayor is right and the attorney's right. There
appears to be nothing that can be done, but we should work to be a business friendly
government. If the School Board is in the business of moving children, then, we should
not go out in a vacuum and create our own requirements and I think that's the point that
Commissioner Regalado is making. I'm unaware of the issue, but it just seems to me
that, as I've said to Miss Carter any number of times, we get ... the smarter we are, the
more we work with other governmental bodies. And, as far as I'm concerned, if the
procurement office did nothing but buy off of other contracts, such as the School Board
contract or the Jackson Hospital or the City of North Miami Beach or Fort Broward
County, I would be very satisfied, as long as we're getting the lowest price. But I think,
by just creating these requirements and there's no real satisfactory answer given yet, and
I'd like the Manager to give ... be afforded the opportunity to give us a satisfactory answer.
27 May 26, 1998
Why was the million dollars ($1,000,000.00) established when the School Board, which
moves children, apparently has a three hundred thousand or five hundred thousand dollar
($500,000.00) requirement. I mean, it's not to beat a dead horse but I think the point is, is
it ... that office should really work proactively to have the highest requirements that are
necessary but just know that when you put a requirement like this ... and this is
Commissioner Regalado's point ... it does cost us money, if it's beyond what is normal.
Because the vendor is either going to comply and pay more money or he's going to do
something worse, which is what we don't want him to do. So, I just want to be on record.
I really think we ought to work to try very hard to make our government more business
friendly, if we can. Call the question.
Mayor Carollo: O.K. All in favor, signify by saying "aye." It passes unanimously.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 98-515
A RESOLUTION ACCEPTING THE BID OF J. BALSERA
SCHOOL BUS SERVICE, INC., FOR THE PROVISION OF
BUS TRANSPORTATION SERVICES FOR THE
DEPARTMENT OF PARKS AND RECREATION, ON A
CONTRACT BASIS FOR TWO (2) YEARS, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, AT A TOTAL ANNUAL AMOUNT NOT TO
EXCEED $53,528.00; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 580301-530 AND THE
CONSOLIDATED ACCOUNT CODE NO. 580211-530.
(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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
28 May 26, 1998
5. RATIFY ENGAGEMENT OF LAW FIRM: EARL, BLANK, KAVANAUGH
STOTTS FOR ENVIRONMENTAL MATTERS REGARDING SALE OF FEC
PROPERTY TO MIAMI DADE COUNTY - FURTHER AUTHORIZE PAYMENT OF
OUTSTANDING FEES FOR SERVICES ACCRUED.
Mayor Carollo: Let's see. Twenty-three, 27, 29 and 30 were pulled. Are we ready to
deal with them now, Mr. City Attorney individually or do you want to bring them back in
the afternoon?
Mr. Vilarello: How ... at the convenience of the Commission.
Mayor Carollo: It was your request of pulling them, so...
Mr. Vilarello: That's right. I wanted to individually discuss each item, if you wish to
discuss it now...
Mayor Carollo: O.K. All right, let's do it now so we could...
Commissioner Teele: Now, which items are you going to discuss?
Mayor Carollo: Twenty-three, 27, 29 and 30. That's in the Consent Agenda.
Mr. Vilarello: Item CA-23 is a resolution ... a proposed resolution to pay for the services
provided by Earl, Blank, Kavanaugh & Stotts in connection with the environmental
contract matters regarding the sale of the FEC Bicentennial Park property to Miami -Dade
County. These services had been provided in the amount of six thousand four hundred
and three dollars and twenty cents ($6,403.20) satisfies the City's obligation to the firm.
Commissioner Teele: I move.
Mayor Carollo: It's a motion by Commissioner Teele.
Commissioner Gort: And second. I think it should be explained that this were contracts
that were established from before and have not been paid before.
Mayor Carollo: It's second by Commissioner Gort. Hearing no further discussion, all in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously. No nays.
29 May 26, 1998
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 98-516
A RESOLUTION RATIFYING THE ENGAGEMENT OF THE
LAW FIRM OF EARL, BLANK, KAVANAUGH & STOTTS
(THE "FIRM") TO SERVE AS LEGAL COUNSEL WITH
RESPECT TO ENVIRONMENTAL CONTRACT MATTERS
REGARDING THE SALE OF THE FEC PROPERTY TO
MIAMI-DADE COUNTY, IN THE AMOUNT OF $2128.83
($700.00 ALLOCATED FROM THE PLANNING
PROFESSIONAL SERVICES BUDGET, ACCOUNT NO.
660101-250 AND $1,428.83 ALLOCATED FROM SPECIAL
PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921002-270);
FURTHER AUTHORIZING THE PAYMENT OF
OUTSTANDING FEES FOR SERVICES ACCRUED IN
EXCESS OF THE AMOUNT AUTHORIZED BY THE
ENGAGEMENT LETTER, IN THE AMOUNT OF $6,403.20;
ALLOCATING FUNDS THEREFOR FROM SPECIAL
PROGRAMS AND ACCOUNTS, ACCOUNT NO.920205-250.
(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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
30 May 26, 1998
Mayor Carollo: CA-27.
Mr. Vilarello: CA-27 is a proposed resolution with regard to the representation of the
City of Miami and Jorge Fernandez and Quinn Jones in the Perry Anderson case
of...versus the City and Jorge Fernandez and Quinn Jones by the law firm of Eckert
Seamans. The services to date have been provided and the modification to the attached
resolution is that the firm has agreed to forgive approximately twelve... thirteen thousand
dollars ($13,000.00) off of their fee and has agreed to accept two hundred and fifty
thousand dollars ($250,000.00) for services rendered through May 8, 1998. In addition,
the request is for additional services of twenty-five thousand dollars ($25,000.00) instead
of what the resolution currently calls for, of a hundred thousand dollars ($100,000.00).
Commissioner Teele: Is there ... Mr. Mayor, may I?
Mayor Carollo: Go ahead, please.
Commissioner Teele: Is there a solution to this? I mean ... I mean, two hundred and fifty
thousand dollars ($250,000.00) in legal fees, which if they've ... if they have been
provided, that's not the issue to me at all. But what's the end of the road here? I mean,
what... what... what...
Mr. Vilarello: With regard to that particular representation?
Commissioner Teele: With regard to the matter. Is there a solution? Is there a
disposition of this matter?
Mr. Vilarello: The case has gone through two trials and is currently on appeal for the
second time. I have requested that, during the pendency of the appeal, that we sit down
and attempt to mediate some kind of solution, notwithstanding that it's currently on
appeal. With regard to this particular matter, it is a case that has gone through two trials.
Commissioner Teele: Yeah, I understand that. But those two trials, you weren't the City
Attorney.
Mr. Vilarello: Right.
31 May 26, 1998
Commissioner Teele: So the question is, as City Attorney, have you reviewed this and
are you prepared now to meet with our counsel and their counsel and see if there is a
solution to this?
Mr. Vilarello: Yes, sir. I have ... I have preliminarily met with them. The initial meeting
was primarily to establish and preserve the rights of all the parties on the appeal, which
we have done and now we're ... the next step and what we discussed at that very same
meeting was to discuss the opportunity to resolve the case generally.
Commissioner Teele: May I just ask ... and I don't want to discuss the litigation. What is
the judgment or the amount prayed for by Mr. Anderson?
Mr. Vilarello: The current judgment against the City is one dollar in nominal damages.
As you know, Commissioner, in a civil rights claim a dollar of nominal damages does
provide for the payment of attorney's fees awarded to the plaintiffs. In addition, there is a
punitive damage claim that's been award against Jorge Fernandez, who was then the City
Attorney. Those are the two pending judgments against the City and Mr. Fernandez. The
case against former City Attorney Quinn Jones has been dismissed. And we do
have ... that was dismissed prior to trial and we do have the claim for attorneys fees against
the plaintiff in that case.
Commissioner Teele: Mr. Mayor, with your permission, I will move the item ... I mean,
the issue that we're discussing really is the payment of fees that have been earned.
Mayor Carollo: That's correct.
Commissioner Teele: And noting that the law firm has discounted their fees, I would
move the item.
Mayor Carollo: There's a motion on CA-27.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Any further discussion? Hearing
none, all in favor signify by saying "aye." Passes unanimously.'
The Commission (Collectively): Aye.
32 May 26, 1998
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 98-517
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES
FOR LEGAL SERVICES PROVIDED TO THE CITY OF
MIAMI THROUGH MAY 8, 1998, BY THE LAW FIRM OF
ECKERT SEAMANS CHERIN & MELLOT ("ECKERT
SEAMANS") IN CONNECTION WITH POST -TRIAL
LITIGATION SERVICES AND RETRIAL FOR THE CASE OF
PERRY L. ANDERSON, JR. VS. CITY OF MIAMI, JORGE L.
FERNANDEZ, AND A. QUINN JONES, III, CASE NO. 92-0435-
CIV-GRAHAM, IN AN AMOUNT NOT TO EXCEED $250,000;
FURTHER CONTINUING THE ENGAGEMENT OF ECKERT
SEAMANS FOR SAID CASE, IN AN AMOUNT NOT TO
EXCEED $25,000; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $275,000 ($250,000 ACCRUED
AND $25,000 PROSPECTIVELY) FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT
CODE NO. 515001.424401.6.661.
(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:
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
None.
Vice Chairman J.L. Plummer, Jr.
33 May 26, 1998
Mayor Carollo: Now, we're on CA-29.
Mr. Vilarello: Both items, CA-29 and Ca-30 are before you based on a conflict that my
office has in the continued representation of each of the named defendants in that lawsuit.
In the case of Badia versus City of Miami, we have represented Mr. Lee and have
exhausted all attempts to have him dismissed from the lawsuit, asserting qualified
immunity issue that have been appealed to the Eleventh Circuit.
Mayor Carollo: What...
Mr. Vilarello: However, it's...
Mayor Carollo: What is this case all about? I see from the case number that it's a case
that goes back to 1994.
Mr. Vilarello: Mr. Mayor, I prefer to...
Mayor Carollo: I wasn't here at the time.
Mr. Vilarello: ...brief you personally with regard to the specific issues of the case;
however, it is a case that we've been representing Mr. Lee and the City since that point. I
just prefer not to discuss it.
Mayor Carollo: No, no. I don't want to get into this publicly. I just wanted ... just a one...
Mr. Vilarello: It's a Title 7 claim. It's an employment claim versus the City and Mr.
Lee.
Mayor Carollo: O.K. All right. All right. What is the will of this Commission?
Commissioner Hernandez: Move it.
Commissioner Teele: Is the attorney recommending this?
Mayor Carollo: He is.
34 May 26, 1998
Mr. Vilarello: This law ... yes. This is a firm that has provided labor counsel for me in the
past and has done a fine job and efficiently provided services to the City of Hialeah and,
therefore, I'm recommending that we use this firm in these cases as well.
Commissioner Hernandez: I move CA-29.
Commissioner Gort: Second.
Mayor Carollo: It's a motion by Commissioner Hernandez. Second by Commissioner
Gort. Is there any further discussion?
Commissioner Teele: Is the firm a ... a practicer of affirmative action?
Mr. Vilarello: I don't know, Commissioner. I can address that question for you.
Commissioner Teele: Mr. Attorney, when you ... when you came on, I noted that Hialeah
had no African Americans in their legal department. I specifically cautioned you and
asked you to, please be sensitive. I think ... you know, this firm is a new firm the City has
never engaged, to my knowledge. I ... I respect you. I'm going to vote for it but I would
ask specifically that you give us a report and an affirmative action profile of the firm. I
think this city should be a city that really reaches out to find competent firms that practice
diversity in their law firms.
Mr. Vilarello: I'm sorry, Commissioner. You're right. I do recall you mentioning it and
I apologize for not having that ready for you, today.
Mayor Carollo: Thank you, Mr. City Attorney. Hearing no further discussion, all in
favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
35 May 26, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its
adoption:
RESOLUTION NO. 98-518
A RESOLUTION APPROVING THE ENGAGEMENT OF THE
LAW FIRM OF MULLER MINTZ KORNREICH CALDWELL
CASEY CROSLAND & BRAMNICK, P.A. FOR THE
REPRESENTATION OF WALDEMAR LEE IN THE CASE OF
ANAIS AURORA BADIA VS. CITY OF MIAMI AND WALLY
LEE, CASE NO. 94-2197-CIV-FERGUSON; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$25,000.00, FROM THE CITY OF MIAMI'S SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.424401.6.661, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
Mayor Carollo: And we're now on 30.
Mr. Vilarello: CA-30 is a reference matter of Ed Marquez versus the City of Miami.
This is to ... again, we have a conflict. We represented Mr. Marquez in a variety of cases,
where he's been named as the City Manager, and individually, and for us to represent him
in this case versus the City creates a conflict and, therefore, the recommendation that we
retain the law firm of Muller Mintz to represent the City in this matter.
36 May 26, 1998
Mayor Carollo: If I may...
Commissioner Teele: Mr. Mayor, I'm not comfortable with this. I really do think
that ... before we start ... you know, we've just paid out two hundred and fifty thousand
dollars ($250,00.00). We're suing everybody. We've got Item Number 24 that we ... you
know, the guy just had 15 people in here to discuss ... we need to stop being so ... I wish the
Mayor would take the matter under advisement, that the matter be deferred for the
next ... until the next meeting, but I really do think that we should not start out suing
somebody else, particularly with a law firm that, this is their first case with the City since
I've been here, and I really do think it send s a bad tone. We ... we should try to resolve
this matter. I really do believe that and I may be the only person that feels that way. I did
not work with Mr. Marquez as a Commissioner. I worked with him when he was a
County Finance Director. He's an honorable person and I just think we need to slow
down on these lawsuits. And ... if the Perry Anderson case, where we've already spent two
hundred fifty thousand dollars ($250,000.00) is a precedent, you know, I can assure you
this is going to be a long haul and I just don't think it makes sense for us to get into this
kind of lawsuit.
Mayor Carollo: Commissioner, I'm in agreement with you on that and I'm glad that you
spoke before I did because I was basically going to mirror your opinion on this matter. I
think that's ... we have not tried truly to resolve this issue yet. I ... I would suggest to this
body if they would give the City Attorney the opportunity to try to resolve it before we
start spending more money and we end up paying what is owed Mr. Marquez and, then,
legal fees on top of that. I'm not going to get into discussing this item here because I
don't think it's the right thing to do, nor would it help our cost legally in any way, not
that ... I think we have much to stand on on this one, but I do think that we haven't truly
tried to resolve this and I think that it would be wise for this body to give the City
Attorney, now that he's on board to try to resolve this with the plaintiff.
Commissioner Gort: Move to defer.
Commissioner Teele: Second the motion.
Mayor Carollo: There's a motion to defer. It's been second. All in favor, signify by
saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
37 May 26, 1998
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.98-519
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM
CA-30 (PROPOSED ENGAGEMENT OF LAW FIRM OF
MULLER MINTZ KORNREICH CALDWELL CASEY
CROSLAND & BRAMNICK, P.A. IN CASE OF EDWARD
MARQUEZ VS. CITY OF MIAMI) UNTIL A LATER DATE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
Mayor Carollo: Would ... now that it's been deferred, Commissioner Teele, would you
like to make a motion instructing the City Attorney to try to sit down with counsel
representing Mr. Marquez and try to reach, if it can be reached, a solution to this matter?
Commissioner Teele: So moved, Mr. Mayor.
Mayor Carollo: It's a motion by Commissioner Teele. Second by Commissioner Gort.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
38 May 26, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-520
A MOTION INSTRUCTING THE CITY ATTORNEY TO MEET
WITH FORMER CITY MANAGER EDWARD MARQUEZ
AND TRY TO RESOLVE THE LAWSUIT WHICH WAS FILED
BY HIM AGAINST THE CITY OF MIAMI.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS:
ABSENT:
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Yes, sir.
None.
Vice Chairman J.L. Plummer, Jr.
Commissioner Teele: I want ... if I may, I'd like to commend the Manager. I realize that
this is a lot coming forth. I mean, I ... the ... I'm sorry, the attorney has come in and put a
lot on his plate here and certainly these judgments or these awards in no way reflect on
you, Mr. Manager. These are all things that were done. My concern is that we work with
the external auditor and ensure that these things are being properly booked because we
didn't make a big deal out of it before you got here but some of this stuff just never
really ... it's just sort of been in Cyber space, floating around. And I think ... you know,
you're doing the right thing. I think you're trying to get a handle on this. I, in many
ways, wish that other parts of the staff were moving as quickly as you are on some of
these items because this represents a lot of work and I certainly don't want my comments
about Mr. Marquez to be taken as commented. We don't encourage you to move forward
on this. Similarly, Mr. Manager, I've been reprimanded appropriately by your staff.
Miss Carter, who's advised my staff they did not generate the one million dollar
($1,000,000.00) requirement. It came from Risk Management and I want to apologize to
Miss Carter and the contracting staff when I say that they should be more careful about
that. Apparently, it came from Risk Management and I take the clarification
constructively.
39 May 26, 1998
Mayor Carollo: In that same tone, I just want to thank the City Attorney for the
professionalism and the courteous manner that he has shown since he has come on board.
I don't want any statements here to reflect negatively or, you know, make you feel down
in any way. I, as one person of this selected body, just want to personally thank you for
the professionalism that you have shown the courteous manner, which you have handled
things. It doesn't mean that there's not going to be difference of opinions between the
Commissioners, yourself, yourself and mine, but you have certainly started in the right
way, as far as I'm concerned, so I want to thank you for that.
Mr. Vilarello: Mr. Mayor, in light of those comments, I'll just let you all know that at the
next meeting, you'll have quite a few items, including the items that were deferred, back
before you and I'll try to brief each of you before the next meeting on each item.
Mayor Carollo: Thank you, Mr. City Attorney.
Mayor Carollo: We're now on personal appearances. Item Number 3. Appearance by
local merchants concerning the impact fee related to illegal dumping. This was requested
by Commissioner Regalado.
Commissioner Regalado: Yes.
Mayor Carollo: [COMMENTS IN SPANISH]
Unidentified Speaker: [COMMENTS IN SPANISH]
Commissioner Regalado: Yes. Mr. Mayor, in the past two weeks, I have attended three
meetings of merchants in different parts of the city. They've come and they have invited
me because of -the City of Miami has sent them a bill for a new fee, illegal dumping fee.
It is approximately a hundred dollars ($100.00)... a hundred and two ... a hundred and four
in some cases, and the merchants had meeting within themselves and then they called for
another major meeting, which I attended. Their complaint was they do pay private
haulers and that they do take care of their immediate area and ... not only ... they did not
mind because they feel that the City should be clean so that there's business should try
40 May 26, 1998
but what they really complained about is that in the bill they were told that next year, this
amount will be incorporated to the occupational license. This bill arrived within 48 hours
of the prior fee, which they have accepted graciously and they will pay, but I ... in
discussions with them and with the administration, I know that illegal dumping is a major
issue for us, that we have directed administration, you, Mr. Mayor, and every member of
the Commission to fight illegal dumping. But I really believe ... and they do ... that if we
work as we should in the next six or seven months punishing harshly those who dump
illegal trash in the city, we will be able to have a normal situation. Therefore, they ask to
come before the Commission, to come before you, to come before the members of this
Commission, the City Manager, to tell you ... tell us that the merchants of the City of
Miami are always willing to help the City. They have had in the past. But it seems that
it's getting impossible to do business in the City of Miami if we keep imposing fees and
taxes. So this is why I requested this meeting. Because this is their government and, Mr.
Mayor, I am ... if you want to listen to them ... but I do have a motion later on.
Mayor Carollo: You have a motion?
Commissioner Regalado: Yeah. You want to listen to them before...
Mayor Carollo: Christina, can you translate, if you would, if it's possible. Is that all
right, Mr. Manager?
Mr. Garcia -Pedrosa: Sylvia Lowman.
Mayor Carollo: Sylvia is fine. I know that you're... that's fine. Sylvia. O.K.
Ms. Sylvia Lowman (Chief Deputy Clerk): [Translating for Heleodoro Rodriguez]:
Good morning. My name is...
Mr. Heleodoro Rodriguez: Heleodoro Rodriguez.
Ms. Lowman: And I'm a merchant from the Little Havana area. I come to protest that
you, as elected officials, are not protecting our taxes. We, the merchants, are the ones
that contribute the most toward taxes and you, as elected officials, are not protecting
those taxes. I received a tax bill from you and you increased our taxes because it was the
easiest thing for you to do and we ... our taxes just keep on going up and up and we will
eventually not be able to afford them. I pay four hundred and eighty dollars ($480.00) a
month for ... oh, a year? For a dumpster. Why do I also have to pay this in addition? We,
the merchants, are going to have to protest this and get organized and create a revolution
like was done in San Francisco and we are up to our heads in taxes and we just cannot
afford anymore. Remember that we are the ones that vote for you and have elected for
you and we will have to punish you if you don't represent us correctly and he wanted to
thank Commissioner Hernandez for being the only one that voted against this tax.
41 May 26, 1998
Commissioner Regalado: Mr. Mayor, I ... I have a motion and I have discussed this with
the Administration. I trust that the Administration and the Police Department and the
Solid Waste Department will be able in the next few months to, if not eliminate, to
decrease the illegal dumping. I really think that the City should be business friendly,
especially to this loyal Miamians. My motion is to eliminate next year, in next year
budget, this fee. This year we cannot do it. It's in the budget. It was approved and it's
been already spent and it's been already being charged and paid by some of the
merchants, but my motion, if this Commission will support it, will be to eliminate this fee
from next year budget.
Mayor Carollo: O.K. There's a motion for the purpose of discussion. Is there a second?
Commissioner Hernandez, you want to second that motion?
Commissioner Hernandez: I'd like to second it but, honestly, I'd like him to repeat the
motion. I didn't...
Mayor Carollo: O.K. Commissioner Hernandez would like for you to repeat that motion.
Commissioner Regalado: Yes. Basically is to eliminate on next year budget this fee that
is being charged to the merchants. I trust that the administration has the capability
of -within the next six or seven months ... if not eliminating, at least decreasing the illegal
dumping with a different action that the administration is taking.
Mayor Carollo: Well, do you want to eliminate it or do you want to decrease it?
Commissioner Regalado: No. I ... I ... what I said is that I ... I trust that the administration
will be able to eliminate or decrease the illegal dumping in the City of Miami and that by
next year's ... in next year budge we should eliminate... abolish this fee.
Mayor Carollo: You're never going to be able to eliminate fully illegal dumping. Can
we decrease it? We certainly can. But before I get into that issue and making a
suggestion, I just want to see if your motion is going to be second, so it could properly be
discussed.
Commissioner Regalado: Yes. What we're seeing now ... and I think that we need to
publicize what the administration is doing regarding the illegal dumping. In the past 10
days, the City of Miami Police Department have arrested four people, I think seven, in
different areas of the city. Being arrested, not fined or ticketed but arrested. If we are
able to arrest some people and, at the same time, publicize those arrests, I am sure, like
you said, we won't be able to eliminate dumping but at least there's going to be a lot of
people afraid of coming to the City of Miami and dumping trash. I would tell you, I will
tell you that this morning, this morning, around five ... 5:30 a.m., in the alley located near
Coral Way and 23`d Avenue, there was a truck that dumped about 10 pieces of furniture
and 11 tires right there on the sidewalk and on the alley. One guy from the service station
ran after them and ... and they said "hey, we're coming from deep south." So, they did
42 May 26, 1998
come to the City of Miami and I ... and I think, if those people like ... people like that are to
be arrested and will be arrested, I believe that we can decrease, if we publicize, if we send
the right information to all the media outlets in the City of Miami, so, this is basically
why I think that if we work with the public campaign and with a punishment campaign,
we can decrease, if not eliminate, the illegal dumping.
Commissioner Gort: For discussion purposes, I'll second the motion and under
discussion, if I recall ... let's clarify everything. As we talk about the different fee that is
needed, my understanding is one of the reasons this fee came out is because of the
cleanliness of the street, the white wings and the supplies, which it was Commissioner
Hernandez suggestion that we would ... we'd pay for the services somehow and I think this
had came out, it really is not for the illegal dumping. I think staff called it illegal
dumping, but the reason was, because an additional service has been given to the business
district. Now, let me tell you a little something. This illegal dumping, we need to do
something. If you go through Allapattah right now and you go through my
neighborhood, you can see all kind of dumping taking place in there and this is something
we need to go after. I think, somehow, the police needs to work with the NET and the
police office, I know they got a lot of work to do, but they should be trained to be look
out for this and somehow we can eliminate it because it's being abused. And let me tell
you, my neighborhood is one of the most abused by everyone and, unfortunately, a lot of
the abuse come from the same businessmen within that area. So, this is something we
really need to look into it.
Mayor Carollo: Sylvia.
Ms. Lowman: My name is Jose Victorero and I own a business in 10 and Allapattah.
He's an air compressor person. Oh, he bought one for fifty-five dollars ($55.00).
Now ... now, it's ... he was speaking before the taxes. I thought he said something else. Oh,
he's talking about different licenses. He's ... and the license ... the money for the license
was raised. He paid it. Because he's aware that the City of Miami is in a financial crisis.
Now the firemen ... the fire fee came in. He paid that in order to help the City. Now
there's a new tax. He has someone in his office that ... from 10`h to 12d' Street. Someone
in his office picks up some of the garbage from 10' through 22°d Street, even though it's
not his responsibility to do so. He pays sixty-six dollars ($66.00) for a dumpster. His
rates went up fifteen percent. The City now has passed Ordinance 11622. Now, he's
been billed for two hundred and six dollars ($206.00). Business is bad. He has received
many calls from apartment buildings, offices, fruit stands. The apartments affect the
community because the tenants have had to raise their rates. They're going to have to
pay fifteen or twenty dollars ($20.00) more. All the merchants that I have interviewed do
not wish to pay this bill. We would be willing to pay for a sample fifty dollars ($50.00).
That would be acceptable. In my block, Rosa Brothers, a hundred and some dollars;
Lobster Trap business, over a hundred. Proveedora Latina, more than a hundred; Pepe
Tires, more than a hundred. And all throughout the City of Miami has been affected. All
businesses of the City of Miami has been affected. We have ... we have come here because
all businesses, large and small, have been affected. We want ... we want to help the great
43 May 26, 1998
City of Miami. I have a subcontract with the City. I pick up abandoned cars. I have a
contract for six or seven years. I pick up boats. I have been called a vacuum cleaner of
the city because I pick up cars and boats. I'm not against the City. I want the City of
Miami to take measures to help the merchants. Thank you very much.
Mayor Carollo: Go ahead.
Mr. Tony Rodriguez: Thank you, Mr. Mayor. Tony Rodriguez, president of Miami FOP
(Fraternal Order of Police). I sympathize with these merchants in that they are paying
additional fees and they are also feeling the burden and the crunch of this City's financial
crisis. I really do. And I agree with Commissioner Regalado that there is a significant
illegal dumping problem in the City of Miami and that perhaps there's more that can be
done, clearly, in terms of enforcement in those areas. However, I would like to caution
this body in making any decision that would reduce revenue enhancement measures for
this city. I would remind all of you that the FOP, as well as other unions, have taken
action and has moved against the City for their failure to comply significantly comply
with the Fair Matrix, the Fair Share Matrix in terms of revenue enhancements and to take
away anymore revenues toward this city, would just not be right. Although I sympathize
with these merchants and that they're paying more, I think, first, we should look at other
ways first in terms of more enforcement and enhance enforcements, be clearly to take a
fee away where money's being generated for the City, I think would be inappropriate at
this time. Thank you.
Mayor Carollo: Thank you. Tory. Good morning.
Mr. Tory Jacobs: Thank you. Good morning. Mr. Mayor, Commissioners. My name is
Tory Jacobs. I live at 145 Southeast 25`f' Road. I'm here representing the Brickell
Homeowners' Association, a group of the residential condominiums between
Rickenbacher Causeway and the Miami River, including Claughton Island on Brickell
Key. There's another aspect to the impact of this fee and that is, on residential properties.
I think a number of city officials, as well as the condo residents, were blind sighted when
these bills went out and we found that condominiums were impacted by it. The
ordinance originally exempted condominiums and somewhere in the process that
exemption was crossed out. Now, we all know that some people characterize a marriage
as a business and running a home and a family is a business and the dining room table is
often the office or maybe today more a PC, but that kind of business of running a family
does not make a condominium into an office. According to Webster's Dictionary, if I
may briefly read. Commercial: Of or connected with commerce or trade. Offices made
or done for operated... operating primarily for profit. Now this ordinance was designed to
impact businesses, not residential. Condominiums are already adversely impacted by
various garbage fees, vis-a-vis, the single family home. We pay ... for our own garbage,
we now have a ... not a 15 percent but a 20 percent excise tax on that. Was increased 33
percent. And in addition to that, we, through ad valorem taxes, as you know, subsidize
single family garbage pick up to the tune of over a hundred dollars ($100.00) a month.
We respectfully request that the Commission not defer this for relief next year, but take
44 May 26, 1998
action now, today, to restore the exemption for condominiums. This was an emergency
fee that the ordinance was ... was passed on one session with three readings and we would
certainly hope that you are able to rectify this. Because I'm sure it was not your intention
to impose this on residential properties and I don't think any of you have seen any illegal
dumping piled up in the residential area of Brickell. Thank you very much. I'm going to
pass out, if I may, the dictionary definition, as well as copies of the crossed out section of
the ordinance where the exemption for condominiums was crossed out. Thank you.
Mayor Carollo: We have a motion and a second on the floor. Mr. Manager, what is the
total amount of revenue that this item was supposed to have brought to the City
Government?
Mr. Garcia -Pedrosa: Two million two hundred fifty-five thousand seven hundred and
ninety-five dollars ($2,255,795.00).
Mayor Carollo: Two million two hundred and fifty-five thousand...
Mr. Garcia -Pedrosa: Seven hundred and ninety-five dollars ($795.00).
Mayor Carollo: Seven hundred and ninety-five. We're talking about a significant
amount of dollars.
Commissioner Regalado: Mr. Mayor, if I may. What Tory said makes a lot of sense but
we have to clarify that most of this money will be used to pay overtime for the police
department. No? Overtime for the Solid Waste Department
Commissioner Teele: Solid Waste and those kids that you all have running around
cleaning up.
Commissioner Regalado: No, that's not...
Commissioner Teele: Yes, it is.
Mr. Joseph Pinon (Assistant City Manager): Joseph Pinon, Assistant City Manager for
the record. Commissioner, as you know, the supplemental waste fee on the average will
be a hundred and fifteen dollars ($115.00) a year per customer. The two point two five
million that would be collected will be used specifically for solid waste collection, illegal
dumpings. And the additional people that we are hiring to clean the streets. As you
know, the original supplemental waste fee that was in the books prior to January of 1998,
produced a much higher fee but it was never collected. In fact, it ranged between forty-
six dollars ($46.00) and four thousand dollars ($4,000.00) per unit. The supplemental
waste fee that we passed reduced it from, on an average, from seventy-six to two hundred
and fifty-four. So what we did was, there was an ordinance in the book that was never
applied. The fees were never collected for that purpose. And we looked at that, at the
direction of Commissioner Teele, who said look at everything that you have there and
45 May 26, 1998
come up with a plan and we came up with a supplemental waste fee that was more
tolerable. And that will be used, like I said, specifically to hire new people and to get
more crane operators. As you know, we need between 18 and 20 crane operators. Last
week and for the last three weeks we've had 12 crane operators coming in. That produces
a shortage of people. Now, it's not only equipment anymore. We fixed the equipment
that we had, although it can break down at any minute. We made allotments for
additional overtime to fix the equipment. Now the problem is or was the problem at the
time as well, is that not enough operators are out there to operate the cranes to pick up the
illegal trash, which has to be done by equipment, not by hand. So, we are asking for this
amount of money for the hiring of new people so that we can keep on schedule.
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Go ahead, Commissioner.
Commissioner Teele: Mr. Mayor, I've got three concerns. First of all, the real question
that we should ask ourselves before we even talk about reducing this, is this department
or is this activity, the total activity, breaking even or self-sufficient? Now, the last time
we had this discussion, and it seem to me that we were seven million dollars
($7,000,000.00) in the red or enlighten me, how much money are we short in the total
solid waste budget? Because you just can't pick out one piece of it. I mean, it's all
interconnected with residential pick up, with commercial pick up, with the various impact
fees. It's all going into one basic pot of money called the Solid Waste Department and it
seem to me that we were still supplementing from the general fund the Solid Waste
Department, by ex -number of dollars. So what ... what is the amount of money that, when
you add all this up, and you add up the costs, that we're short? because it's not just a
simple question of reducing one line item. You've got the entire budget to look at. Now,
correct me, Mr. Pinon, if I'm wrong.
Mr. Pinon: You are correct, sir. The ... right now we are not ... as far as I know. I don't
have the specific figures. I don't have the budget with me. But it's ... it's a few million
that we need to recoup. And as part of the ... our review of Chapter 22, we are asking that
the residential waste fee be increased on an annual basis in the next three years to bring it
up to what it should be.
Commissioner Teele: So, in other words, you are looking at an increase again in the
residential fees that are paid by the taxpayers, the homeowners, the people who are in
residents?
Mr. Pinon: Correct. That is what we proposed when we met here last time, when we
gave a presentation. We said we would do it incrementally so as not to produce a large
fee at one time.
Mayor Carollo: But... but... but ... hold ... I'm sorry, Commissioner. I ... I ... you know, I have
to get this clarified. You're saying that you proposed that before.
46 May 26, 1998
Mr. Pinon: Yes, sir.
Mayor Carollo: Since I was gone for a short period on vacation ... not of my
choosing ... can you refresh my memory when this was brought to this Commission.
Mr. Pinon: Well, I gave a presentation whereby we discussed what we needed to do to
cover the cost of sanitation services, including illegal dumping. In our proposal, we
didn't propose any additional fees on a year ... on other years, but we said we would bring
it back so that we could discuss the additional increases and waste fees to the
homeowners.
Mayor Carollo: But see the ... the problem, Assistant City Manager Pinon, that I have
is ... you know, not ... when the administration takes a very strong stand that we are in good
shape in this year's budget and don't really press for much of an increase and, then, I'm
hearing again now that the real plan is to increase it gradually in the next three years,
which it's not going to be that gradually because, in three years, it's going to be
substantially and this is the problem that I have. That we're not being frank with the
public. See, at the end of the fourth year ... because this is one year. You're looking at
three more years. Some of you, I would imagine, might not be around here, so, it's going
to be others that are done ... stuck in facing the public and, of course, if some were able to
confuse the issue enough that, by bringing the City to the problems that it has today, and
still they can go out and try to confuse and say that there was never any financial crisis.
In fact, we have a hundred and seventy million dollars ($170,000,000.00) surplus. I
guess, you know, something like this would be easy to confuse a few years from now.
And we need to stop playing the games. We need to be truthful with the public and if the
administration feels strongly about something, then the admin., the administration needs
to have the back bone, even if this Commission does not agree. Even if it's not popular
with some. The administration needs to be a career oriented administration in its
recommendations and, in essence, look, this is what we think is correct. This is what we
feel is the right thing to do. If, after you throw the gauntlet down, this Commission still
wants to do something else, it's not your fault then, but at least you've laid it on the line.
And this is the problem that I'm having. I'll give you an example. And before I do that,
Commissioners, have any of you received the budget book for the next fiscal year
recommendation so far, from the administration's recommendations and what the
departments are asking for, their wish list? Do you have that? Do any of you? Well, I
guess that answers that. I was able to glance at that during the workshop that we had last
week and I'll give you a prime example of what I'm talking about. This is not even the
real line item budget and, for the record, I'm going to state it to the administration that I
want a real line item budget from soap to hand towels to everything for each department
so that we can go through it with a fine tooth comb and if there's some items that I feel
that have to be veto line items, I could do that without vetoing the full items in the
departments, so I expect to get ... exactly like the police department presented in the
budget workshop. The same thing from every single department of the city. But in the
solid waste proposal that I ... Commissioners, listen to this because this is very key. It's a
47 May 26, 1998
prime example. There was some twenty-two thousand... excuse me, twenty-four thousand
tons a year of waste that it was estimated that we were picking up of illegal dumping in
the city streets. This fiscal year. This is the estimate. This fiscal year we've had three
inspectors that were hired for the first time and one supervisor to go out, code
enforcement officers, and deal and write tickets for illegal dumping. During the time that
I was away, you know how many tickets were written for illegal dumping? Would you
care to estimate? Zero. Now, for the next fiscal year, we are going to go with a full
contingency of six code enforcement inspectors to go after illegal dumping and one key
supervisor to seven. If we're going to seven, you would think that from the twenty-four
thousand tons of illegal dumping a year, we should be seeing a reduction for next fiscal
year's budget in illegal dumping, in the city. That's not what is being estimated. It's
being estimated that it's going to go from twenty-four thousand to twenty-seven
thousand, but we're putting twice the amount of people in the street if we had this year's
inspectors. We're going double six and the one supervisor. From three to six. Now,
something is wrong if these are the expectations that we have. Someone is either not
reading what is being put down or there's just not sufficient supervision, stimulation, and
if we could reduce, like we should be able to in one fiscal year this illegal dumping by
half ...and I may add, not all of it is illegal dumping. A good portion of this twenty-four
thousand tons that's classified as illegal dumping a year is coming from private residents
and businesses that we're collecting the garbage from, either not knowingly that they're
not paying the City or it's being done illegally, that we're collecting it without them
paying and that's one thing we got to find out. So if we would do things in a business-
like manner, we could reduce our costs tremendously and not having to be killing our
business people, that are the ones that are trying to help this city, along with our
employees, to death. We ... we are just not going about things in a business -like manner.
For instance, another point in the solid waste that... so you could see the reality of things.
This year we are bringing to the transfer station, it's estimated, a hundred and two
thousand tons of garbage. The difference between bringing it to the transfer station and
bringing it straight to the main dumping place is nine dollars ($9.00) a ton, from 45 to 54,
from 45 to 54. For next fiscal year, all of a sudden, it is estimated that we're going to
reduce this amount to about eight thousand tons. Unless we have stringent supervision,
that I have not seen whatsoever, this is not going to happen. And we're going to be faced
in another short fall within the budget and if we don't have any reserves, we're not going
to be able to deal with it. We're going to be running around again. Furthermore, there's
no way that you're going to be able to truly reduce illegal dumping in this city. If we're
not going to be picking up the trash on time and Mr. Assistant City Manager, I know
you've been working very hard at this and I compliment you for that and I truly mean
that, because I know you have tried. But, nevertheless, we're ... we're failing. We're
constantly being late in picking up trash. You remember in our meeting, Commissioner
Teele, on Friday, with the City Manager, that I brought up to his attention, which he do
not know, that we had two districts that I knew of at that time because of all the
complaints that were coming to my office ... Little Haiti and Short Crest in the
northeast... that the trash had not been picked up in one area for two weeks and another
one for another week. Since that time there were more neighborhoods that I had found
out that their garbage... their trash has not been picked up. In your district, Commissioner
48 May 26, 1998
Regalado, I had the opportunity to have lunch in one of the restaurants in your district on
Sunday and there, on the table next to me, I had some of the residents of your district by
the Melrese Golf Course area, that told me that their trash had not been picked up that
week either. In your own neighborhood, around your house, it has not been picked up.
Others had told me that their trash was being picked up on Sunday and Saturday but they
were concerned that that's costing us extra, which it is, but I know it's an effort that we
had to do because we couldn't let that trash lie there for a three-day holiday.
Mr. Pinon: Even to make up the personnel that we don't have, because they called in
sick, we went to retired personnel and we brought them in to do that.
Mayor Carollo: So, there's no way that we're going to be able to discourage this
situation when we can't pick up the trash on time. Because the more time the trash piles
are out there, the more trash people are going to throw in there and we're going to
encourage that. And then, frankly, how can we go and find people if they put their trash
out a few days ahead of time and, then, we're going to be late a week or two in picking up
their trash? It doesn't make sense and it doesn't make sense either, some of the stories
that I've heard from the Solid Waste Department, that now the story is that it's because
we have only 18 operators of the cranes and, supposedly, I'm hearing about a third of
them don't show up, for either taking time off or calling in sick. About a third on a daily
basis don't show up. Now, I can't figure that one out at all but this is a problem of
supervision, of administration, and it has to be taken care of and I guess part of the
problem that we have is, we do not have a solid waste director that has the ample
experience to be able to deal with the situation either. But I wanted to bring this out so
that my colleagues can understand what we're facing. That we could put down any
numbers in any budget and be talking about taking monies out but, gentlemen, this is
serious what we're facing.
Commissioner Teele: Mr. Mayor, if I may regain, you wanted the floor from me. It's
11:48. We've been on this item really for about 45 minutes. It just ... Mr. Mayor and
Commissioner Regalado, in particular, I am prepared to work with the management and
with the Commission to reduce taxes. I think, you know, the clearest thing that we need
to do, and I know the unions are all taking a deep breath now, but I really do think that
this City has got to be a city that is business friendly and ... what the people are saying is
not falling on me. But the approach cannot be, in my judgment, to require the entire tax
base to subsidize specific problems in areas. And the solid waste area is one that's
clearly burnt out. I mean, it's not un... it is not surprising at all to me that you would have
20, 30 percent of the people not showing up, giving my experience in transit. When you
get into a situation that is high demand like this, you burn out people and it's no
reflection on them. People are human. It's just hard to work seven days a week for nine
months in a stressful job and come to work. And, believe it or not, Mr. Mayor, the no-
show or absentee rate in transit nationally is about 28 percent. Nationally. So what we're
dealing with is a symptom of a much bigger problem and the problem is that we really
have never fully funded and staffed and made the kind of commitment to the Solid Waste
Department. It ... I cannot support removing any of the funds from Solid Waste unless
49 May 26, 1998
we're going to come back with the funds from somewhere else. I believe that the
appropriate position to take is we should say we're going to reduce the tax base because
that provides the relief that everybody wants. Everybody wants to see their taxes go
down. The condominiums want the taxes down. The homeowners want the taxes down.
The business people want the taxes down. But to just pick out one area in which we've
got more problems than any other area in this entire city and say we're going to reduce it,
I'm just not sure that we should spend this kind of time on it. I really don't think that it's
proper or healthy for us to talk about reducing fees and taxes, unless we have a meeting
for that purpose. And, then, we can put everything on the table and have that kind of
discussion and I want to be on record as supporting Commissioner Regalado to make the
City more business friendly and my view is the way to do that is to provide tax relief to
all of the citizens. Where are we now on the millage rate? Nine point eight?
Mayor Carollo: Nine point five.
Commissioner Teele: Nine point five? And I think we should look at collecting the
same number of dollars, the amount of dollars as we did last year, next year. And if that
means the rate goes down to nine point four, I mean, I don't know where we are. What I
am concerned about, Mr. Mayor, is the fact that there are a number of things that we are
not doing and the things that we're not doing that I believe we need to address, Mr.
Attorney, Mr. Manager, is this whole issue of the environmental recycling of people who
are collecting garbage and calling it recycling and we're not getting anything. We asked
for an emergency ordinance a month ago, six weeks ago. We asked for a workshop
beforehand. That hasn't come forward. Second area is in the NET offices. We
asked ... we passed a resolution a month ago making the NET offices the number one
priority for staffing and, Mr. Mayor, Mr. Manager, the NET offices are still below
staffing and we're ... Overtown doesn't have one inspector. And, you know, you just cant'
keep saying O.K., O.K., O.K., especially when we give you the authority to do it. I don't
agree that the collection of illegal garbage, illegal dumping, is going to go down. I think
it's going to go up dramatically and I know that I may be out of sync with what the
Manager's budget is saying for next year but I've got to tell you, Commissioners, when
you start a real enforcement and when you raise the rates the way we have of commercial,
there's going to be some stuff that goes out the back door. And, Mr. Manager, I saw in
the paper the other day that one of the NET administrators, Canton, I believe, called the
police and they apprehended some outstanding, otherwise outstanding citizens, red-
handed, right there dumping it in the river, in the Miami River this past week. I mean,
just loads, truck loads of debris being dumped into the river and that's what's happening.
So, I believe that we need to re -double our efforts in terms of the NET. We need to
declare one month illegal dumping in Solid Waste month. As I've recommended before,
we need to get the police, the fire, and everybody else that can help us, involve in trying
to cramp, clamp down and get this resolve. But I really do think, to reduce this rate right
now, without coming up with a corresponding, a corresponding revenue screen would be
the wrong signal to send in a department that really is the last department that can afford
to see funds taken away. So, I would call the question. I ask you to...
50 May 26, 1998
Mayor Carollo: Question is called.
Mr. Jacobs: Mr. Mayor, may I respectfully ask you to ask the City Attorney, if the City,
by ordinance, can make a residential condominium into a commercial property? This
ordinance says that these will be assessed upon commercial establishments and I,
respectfully, ask you to see whether it is possible for the City to characterize a residential
structure as a commercial establishment.
Mayor Carollo: Mr. City Attorney, can you deal with that at the appropriate time
afterwards?
Mr. Vilarello: I'd be happy to.
Mayor Carollo: And give Mr ... if you'd give him a legal opinion on that, please?
Mr. Vilarello: I'd be happy to address that with him.
Mayor Carollo: O.K. Thank you.
Mr. Jacobs: It is payable the 31 ' of May and we would appreciate action on it prior to the
time that they're paid. I think the total impact will be less than a hundred and fifty
thousand dollars ($150,000.00). It's just a matter of something being done. It's probably
not legal.
Mayor Carollo: O.K.
Heleodoro Rodriguez: May I have a suggestion, Mayor?
Mayor Carollo: Real quickly, please. We have to...
Mr. Rodriguez: What about if we ... we pay ... I pay four hundred dollars ($480.00) a year
for the private company. What happen if we pay you, the City, the amount that we pay
and you take care of everything or leave the private people to take care of the ... of the ... of
the garbage and everythingI think that's two solutions, that we can have it. Let the
private people take care of the City for the garbage or you can take care and we pay
whatever we pay now for the private company.
Mayor Carollo: The question is called. Can you call the roll call on this?
Commissioner Gort: Why don't you modify ... why don't you modify the motion? Why
don't you modify the motion because, as you recall, whatever decision we take here
impacts a budget. The budget is...
Commissioner Regalado: I just ... I just want to say something very briefly. We have been
talking about bad news for about an hour here. Unfortunately, I read in the paper, and
was not discussed today, about a deal that the administration made with the unions, that
51 May 26, 1998
we're going to save thirteen million dollars ($13,000,000.00) next year and we're going
to save some money. That we have many plans. The Mayor has a lot of plans. This
Commission has a lot of plans to bring more money to widen the tax base of the City of
Miami. The government, the government has a responsibility. I mean, are we going to
ask the Chief of Police to come up with some fees so we can pay for the police
department? It is our responsibility of picking the garbage. It is our responsibility of
maintaining the city without crime. It is our responsibility to keep the fire department the
best fire department that we have. I, I, you know, you do whatever you want. I think...
Commissioner Teele: Commissioner, all I would ask, respectfully, is that you, that the
motion be amended in such a way that the Manager be prepared...
Commissioner Regalado: I will do that.
Commissioner Teele: ...as when the budget is presented, to present an option.
Commissioner Regalado: I will do that, Commissioner. Because, I think, it's unfair to
do this to the Commission and the Administration, but I think that we, like you said, like
everybody on this Commission, we have to send a clear message that we are business
friendly. That we don't want this people to move to Westchester or Hialeah. We just
don't want it. And I'm telling you, you know, I am exposed to complaints daily because
I get it on the radio program. I don't have to go out. I get it daily with details. I, they
bring papers to me in the morning and I have to see it and respond. What ... what is my
response when they - this merchants ask me, so what do you want us to do? Here's what
I sold this month. I have a guy that owns a market right here next to the City Hall, very
close to the City Hall. He told me when he sold during the month and the fees and the
permits that he has to pay and the garbage and he just cannot make ends meet. He had to
lay off one employee because, otherwise, he had to close the market. So, I would, I
would modify the motion to request the Manager to study and bring it back. But I think,
and present an option for the elimination of how are we going to get the money to pay for
whatever services we have. I keep saying, I keep saying we should make a big thing
when we arrest one person. Those people that were arrested in the Miami River should
have been walking through the lobby of the police department, like we do with hard core
criminals because, because the only thing that will make people stop is the fear of being
arrested. I will tell you that, if not, illegal dumping will continue. If we don't arrest
people, if we don't publicize that...
Commissioner Teele: I'll second the motion without all that arresting and all that...
Commissioner Regalado: Well, you know...
Commissioner Gort: As the seconder of the motion, I accept the amendment.
Mayor Carollo: It's a motion. There's a second. Can you call the roll, please? O.K.
Pass unanimously.
52 May 26, 1998
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its
adoption:
MOTION NO. 98-521
A MOTION INSTRUCTING THE CITY MANAGER TO
STUDY CURRENT IMPACT FEE RELATING TO ILLEGAL
DUMPING AND BRING BACK, FOR PRESENTATION WHEN
THE NEXT BUDGET IS PROPOSED, OPTIONS TO THE
COMMISSION FOR ALTERNATIVE SOURCES OF
REVENUES IN ORDER THAT SAID FEE MAY BE
ELIMINATED OR DECREASED FOR NEXT YEAR'S
BUDGET.
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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
10. PERSONAL APPEARANCE: MRS. FRANKIE S. ROLLE — GRANT
PERMISSIONFOR ALCOHOL BEVERAGE PERMIT FOR 'GOOMBAY
FESTIVAL.
Commissioner Teele: Mr. Mayor, it's 12 o'clock. I really would like to bring up Item
Number 5
Mayor Carollo: Go ahead.
Commissioner Teele: It's a...
Mayor Carollo: We'll skip four and bring five and go back to four.
Commissioner Teele: Yeah. It's an innocuous. It's a Goombay Festival and the
manager has recommended it and I would move the Manager's recommendations that the
53 May 26, 1998
request be approved subject to the conditions outlined by the Manager. Miss Rolle is
here and I assume that you can live with the conditions laid out by the Manager, that the
paying for the cost as required by law, that obtaining insurance, including liquor liability
to protect the City and instituting an identification program to insure that only persons
that are of age are served.
Mayor Carollo: There's a motion.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye." It
passes.
The Commission (Collectively): Aye.
Ms. Frankie Rolle: Thank you very much. Just change my name from Mr. Frankie
Rolle to Miss Frankie Rolle.
Commissioner Teele: Miss, yeah.
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 98-522
A RESOLUTION GRANTING THE REQUEST OF THE
MIAMIBAHAMAS GOOMBAY FESTIVAL IN COCONUT
GROVE, INC., TO SELL ALCOHOLIC BEVERAGES FOR A
TWO-DAY PERIOD IN CONNECTION WITH THE MIAMI
BAHAMAS GOOMBAY FESTIVAL TO BE CONDUCTED ON
JUNE 6-7, 1998, IN AN AREA OF COCONUT GROVE, AS
HEREIN SPECIFIED, SUBJECT TO THE ISSUANCE OF ALL
PERMITS REQUIRED BY LAW; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS GRANTED HEREIN
UPON THE ORGANIZERS: (1) PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2)
OBTAINING INSURANCE WITH THE CITY AS AN
ADDITIONAL INSURED, INCLUDING BUT NOT LIMITED
TO COVERAGE FOR LIQUOR LIABILITY, TO PROTECT
THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; AND (3) INSTITUTING AN
IDENTIFICATION SYSTEM TO ASSURE THAT ONLY
THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE
MAY PURCHASE ALCOHOLIC BEVERAGES.
54 May 26, 1998
(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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
11. REFER TO CITY MANAGER FOR CONSIDERATION REQUEST FROM MR
CAMILLE MERILUS FOR FEE AND PERMITWAIVER FOR FOURTH OF
JULY EVENT IN LEMON CITY PARK — PRESENTATION OF MAYOR SIMO
LAPOINTE FROM LA GONAVE, HAITI.
Mayor Carollo: Back on Item 4, Camille.
Commissioner Teele: Mr. Man ... Mr. Mayor, the Manager's got a recommendation.
Camille is sitting back there. Camille, you may want to come up. But, again, this is the
same issue that we have been dealing with with the Oversight Board and we're just not
permitted by the conditions of the Oversight Board to do what Mr. Camille is asking us to
do, but he's here and I certainly want to be supportive and I'll try to help raise some
funds to do this if it's something the community wants to do, but certainly, it's four
thousand dollars ($4,000.00) and...
Mr. Camille Merilus: Good morning, Mr. Mayor. Good morning, Commissioner Teele,
Commissioner Hernandez, Commissioner Regalado, Commission Plummer. My name is
Camille Merilus. I'm the Founder and the Executive Director of Save Eyes, Inc. As you
know, a non -for -profit organization. So, this year we have made a decision to celebrate
the July 4d'. We've got project call July 4d', USA, Independence Day Celebration. Why
we have made such a decision? We got a lot of people from our community becoming
US citizens. We think that July 4' is an opportunity for them to understand that they're
US citizens like any other communities. Because they have a tendency to think that
they're just Haitians, you know. So we want to change that concept. And, secondly, they
are your - our youth. That's why on Friday, the Yd, a delegation of you know people
from our community, business people, community organizers will go to the juvenile
centers to visit those young Haitians, young criminals, you know, incarcerated at Miami -
Dade County Juvenile Centers. Because we want to set an example for them, you know.
We want to tell them that this not a place for you to be on the eve of July 4`' and then, on
55 May 26, 1998
July 4`h, we going to have this celebration and we invite all of the kids who are out there
going to school, you know, so that, Commissioner Teele, the Mayor, or any of the other
Commission could come down and say something to them, to invite them to ... you know,
to go to school, to go to higher education, so that they could become productive citizens
of society. So we want to take this opportunity to set an example so that's why we
believe that the Commission should help us to make this event a success. So, and we're
asking for something, so we'd like you to do whatever you can do to improve it for us.
And the last thing. That place, that park on 59 Street used to be called Lemon City Park.
But, at that time, Little Haiti did not exist and given the fact that it's in the heart of Little
Haiti, I would very much like the Commission to think about turning the name from
Lemon City Park to Little Haiti Park. We'll feel more ... we'll feel more comfortable with
this name. So when I go to the Parks Department to request, I would, I would just say
Little Haiti Park instead of having to say Lemon City Park. So we need some help and
the community is ready to do a lot of things, you know, so that, that July 4"` could be a
biggy within our community.
Mayor Carollo: Mr. Merilus, thank you for being here. And, unfortunately, I think
Commissioner Teele said it best. We're bound to commitment with the Oversight Board
because we ... our financial situation not to be able to lift this waiver to anyone and I
would suggest that you meet with the administration to see if they have any other ideas of
other organizations that might be able to help. But the City of Miami cannot lift this
waiver request for you, for any other organization. We wish it wasn't the case, but...
Mr. Merilus: Yes, I know that. That's why, if you can even, as you said, get some
sponsors, that would be good.
Mayor Carollo: Well, I would suggest you meet with the Manager and see what he might
suggest.
Mr. Merilus: What are you suggesting?
Mayor Carollo: Meet with the Manager and see what he could suggest. All right. Thank
you.
Mr. Merilus: O.K. Thank you very much. And, Mr. Mayor, I ... you plan you can ... you
can make it to say something to the community on July 4`h .
Mayor Carollo: We will do our best to be there, sir.
Mr. Merilus: Even couple of minutes, you know. Thank you very much.
Mayor Carollo: Have a good day.
Mr. Merilus: Oh. I don't know. I was having a Mayor of a city in Haiti coming to
observe how you work around here and he's right here with me.
56 May 26, 1998
Mayor Carollo: If he can come up, we ... you know ... if you could introduce him, please.
Commissioner Gort: Why don't Commissioner Teele volunteer to help and would also
work with him.
Mayor Carollo: Why don't you go ahead and introduce him, Camille?
Mr. Merilus: His name is Simon Lapointe and he's the Mayor of that island in Haiti
called La Gonave. That's next to Port-au-Prince. There was something happening, a
boat, you know, got sink and more than 250 people, you know, died at that time. That
was a death island. So given the fact that another leg of the organization... Commissioner
members ... is to help rebuild Haiti. What we do now, we try to set up sister city
relationship between one town in Haiti and one town in US. So, in that capacity, so that's
why I invited him to come here so he can observe how the Commission work. So that's
why he's here because he was ... we're trying to set his town, I mean, to set up some kind
of sister city relationship between his town and a town in US or in Florida, whatever. He
said that his island is kind of little country within the country of Haiti because it's an
island and it's got, it's kind of a huge one, you know. And he said that he's got a lot to
learn from you, you know. The last thing that he say is that he's in search of investors
because they got beach, everything in there. It's kind of...things are not being exploited
yet within the Island of La Gonave. So, he said he wants to thank you for listening to his
message and he's ready to get in touch with you, to meet you, you know. So, thank you
very much.
Mayor Carollo: Thank you, Camille. We're now on Item 7.
Commissioner Gort: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: It's been moved by Commissioner Gort. Second by Commissioner
Hernandez. Can you read the ordinance, please. Before you read the roll call, you would
like to address this?
57 May 26, 1998
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I hear about two hundred
and some thousand dollars that are going for the outreach, information, repealer,
assessment and the placement of homeless. I think this is adding to the other millions,
millions of dollars that allocated already, that supposedly in Allapattah they've been
taking care of the people there by the Rapid Transit Station, by the produce market and
you go there now, you see the same people years and years and years there. You know
what happen too, you're eliminating, you eliminate the need for homeless problem.
That's why. So, you don't eliminate them. You just leave them there and keep on more
credits and more credits and more credits. And that was, I see the same people and those
are the ones that doing the dumping of the and everything there. And you don't live
there but I live there. And my wife, and she's watching me on TV since I'm saying this.
Because she get by there, by 13 Avenue and Willie Gort goes by there and you... Willie,
you see the same people everyday there? Same wise. So I don't know where the money,
and you have the Martini there, the HUD thing, and you got all the money. I want, I'd
like to have a report on the salary that we spend on that and the money that the Dade
County and the Coalition and the whole homeless trust and everything spend on this
money because that's food and beverage tax. It's a lot of money going there because I
contribute to that and I don't see the results there. Because I still see the same thing
going on since what, 1988, since the Bobby Maduro Stadium going on there. So, I don't
know what's going on. I'd like to see the money. O.K. Borrow the money but send me
a report.
Mayor Carollo: Mariano, from now on, if your wife needs confirmation that you're here,
I'll be happy to let her know. You don't have to speak on every item to have her watch
you. O.K.? Call the roll, please.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "1997 SUPER NOFA
SUPPORTIVE SERVICES GRANT" TO PROVIDE
OUTREACH, INFORMATION, REFERRAL, ASSESSMENT
AND PLACEMENT SERVICES TO HOMELESS
INDIVIDUALS, AND APPROPRIATING AN AMOUNT OF
$224,811.00 CONSISTING OF A GRANT FROM THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("US HUD") THROUGH THE MIAMI-DADE
COUNTY HOMELESS TRUST ("TRUST"), AN AGENCY OF
MIAMI DADE COUNTY; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE
THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
58 May 26, 1998
was introduced by Commissioner Gort and seconded by Commissioner Hernandez, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman J.L Plummer, Jr.
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11655
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. On Item 8, another emergency ordinance.
Commissioner Regalado: Mr. Mayor, on Item 8, I was asked to ask you
that... Commissioner Plummer ... Vice Chairman Plummer wants to be here
Commissioner Gort: He wanted to be here.
Mayor Carollo: That's... that's right. That's right. This is the one that we had set, that
was being left for him to be here. O.K. Eight is for the afternoon.
59 May 26, 1998
13. DEFER. CONSIDERATION OF AGENDA ITEM 9 (PROPOSED SECOND
READING ORDINANCE REGULATING PLACEMENT OF NEWSRACKS) —
MODIFY PROPOSED ORDINANCE TO SATISFY EVERYONE.
Commissioner Gort: Mr. Mayor, if you'll recall, on Item 9, the Newsrack Ordinance, I
requested it. The Administration get together with the industry and try to come up with
some kind of ideas. My understanding, a meeting took place but I think that no
conclusion was created at that meeting. So I would like for the, for the Administration to
go back and come up with the ... with an ordinance that satisfies everyone. I understand
we're trying to imitate and do the same thing as Coral Gables did. Unfortunately, for
some reason, when Coral Gables did it, nobody said anything. When Miami does it,
everybody jumps on it. But I think we should give the benefit because some of the
arguments, the argument makes sense is, in Coral Gables do not have as many small
newspapers, weekly newspapers we deal with in the City of Miami. So, we want to make
sure we don't eliminate anyone and I'm sure the industry and the big guys in the industry
will be willing to work with the little ones and try to come up with a comprehensive plan
that we can implement.
Mayor Carollo: So you're asking for it to be deferred...
Commissioner Gort: Deferred for them to get together and come up with a...
Mayor Carollo: O.K. There's a motion to defer. There's a second. All in favor, signify
by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-523
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM
9 (PROPOSED SECOND READING ORDINANCE
REGULATING PLACEMENT OF NEWSRACKS); FURTHER
DIRECTING THE CITY MANAGER TO BRING BACK AN
ORDINANCE CONCERNING THE ABOVE -CITED, WHICH
SATISFIES EVERYONE.
60 May 26, 1998
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
Commissioner Regalado: Mr. Mayor, I just want to say on that ordinance that whenever
it comes back, I hope that it comes back soon. I met with Mr. Ted Stahl, who has been
the person behind this movement to get this ordinance passed. I told them that I cannot, I
cannot support and I will fight this ordinance as it is because I think it hurts the small
outlets of the media and there's a lot of things we can do, starting now, to regulate and
clean and eliminate those ordinance. I remember, about six months ago, I sat here and we
still had some empty racks of papers that were not in existence at that time and we need
to note those things but the amount of money, the brunt that this newspaper, the
community newspapers are going to take on this ordinance, it's, it would drive them out
of business and as simple as that. Because we talk about Coral Gables. You know, we
want to look like Coral Gables but let me ask how many newsstands we have in the Coral
Gables area? I will ... I can go and count it for you and I will, then, ask you how many we
have in the City of Miami. And we have thousands and thousands. A lot of them in very
bad shape. Let's get rid of them. But that's what I ask the Administration to consider.
Commissioner Teele: Mr. Mayor, I just want to be on record. I am adamantly opposed
to this ordinance. I think it's a misuse of City resources. I think it's, it's going to have a
chilling effect on the First Amendment in free speech, ultimately. When the small
newspaper owners realize that this is literally going to tell you what color your newspaper
racket is going to be, what size it's going to be, the strength of the spring. You know, I
mean, it's on and on and on and on and on and it really, I think, is a reflection that this
City needs to, really, take a close look at its priorities. I cannot believe we've got City
staff that's prepared to talk about regulating newspapers when we can't even get the trash
up, off the street and I opposed it before. I mean, I continue to oppose it and I would
hope that there would be a third person that would send a message to the Manager to let's
just go on to something more important because I am not going to support this and I will
do everything I can to defeat it because I think, ultimately, it has a chilling effect on the
First Amendment and on the right of free speech. And this is the one city in America that
should not even pass this kind of ordinance. If there, you know, if there is one city,
it's ... we just had a Mayor from some place in Haiti to come up. I mean, this is ... Miami,
in many ways, is a reflection and the last thing we need is to tell newspapers what colors
their racks are going to be. The Brazilian newspaper all have a, everybody from Brazil
61 May 26, 1998
that comes here knows what the Brazilian newspaper rack looks like. You know, and on
and on and on. And I just think we need to move on and I'm glad that Commissioner
Regalado's on record. I just think that a third Commissioner maybe could say that
they've got concerns and we can move on to something more important.
Mayor Carollo: All right. We're on number 10 right now.
Commissioner Gort: This is second reading. Move it.
Mayor Carollo: Second reading. Moved by...
Commissioner Hernandez: Second.
Mayor Carollo: ...Commissioner Gort. Seconded by Commissioner Hernandez. Read
the ordinance, please.
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "SOUTH FLORIDA URBAN SEARCH
AND RESCUE FL-TF2" FOR THE PURPOSE OF RECEIVING
AND DISBURSING FUNDS TO BE PAID TO THE CITY BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY,
("FEMA") AND/OR THE STATE OF FLORIDA ("STATE") AS
REIMBURSEMENTS FOR ACTIVITIES UNDERTAKEN BY
THE CITY PURSUANT TO THE TERMS OF THE
MEMORANDUM OF AGREEMENT, ENTERED INTO BY
AND BETWEEN THE CITY, THE STATE AND FEMA,
UNDER WHICH THE CITY RECRUITS, AND SPONSORS AN
URBAN SEARCH AND RESCUE TASK FORCE; AND
APPROPRIATING FUNDS THEREFOR, IN THE AMOUNT OF
$1,032,154, FOR THE OPERATION OF SAME; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
62 May 26, 1998
Passed on its first reading, by title, at the meeting of May 12, 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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11656
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: Passes unanimously.
Mayor Carollo: We're on...
Commissioner Gort: Eleven. Second reading. Move it.
Commissioner Teele: Second.
Mayor Carollo: Moved by Commissioner Gort. Second by Commissioner Teele. Can
you read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Mayor Carollo: Call the roll.
63 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 18-84 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: "EMERGENCY PURCHASES," THEREBY
AUTHORIZING THE CITY MANAGER TO EXPEND UP TO
ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000)
FOR PURCHASES OF GOODS AND/OR SERVICES
REQUIRED PURSUANT TO AN ACTIVATION OF THE
URBAN SEARCH AND RESCUE TASK FORCE, PURSUANT
TO THE TERMS OF THE MEMORANDUM OF
UNDERSTANDING, ENTERED INTO BY AND BETWEEN
THE CITY OF MIAMI, THE STATE OF FLORIDA, AND THE
FEDERAL EMERGENCY MANAGEMENT AGENCY, AND
TO WAIVE COMPETITIVE BIDDING METHODS IN
CONNECTION WITH SUCH PURCHASES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Teele, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11657
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.
64 May 26, 1998
16. APPROVE SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL''
REVENUE FUND: MIAMI-DADE COUNTY EMS GRANT AWARD (FY 97-98) -
APPROPRIATE FUNDS FOR OPERATION OF SAME FOR $148,902.00
Commissioner Hernandez: Move 12.
Commissioner Gort: Second.
Mayor Carollo: Twelve has been moved. Seconded by Commissioner Gort. It's a
second reading ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Mayor Carollo: Call the roll.
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS
GRANT AWARD (FY `97-'98), AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE TOTAL
AMOUNT OF $148,902.00, CONSISTING OF A $129,902.00
GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM
THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES "GRANT PROGRAM FOR
COUNTIES," AND $19,000.00 IN CARRY-OVER FUND
BALANCE FROM PREVIOUS EMS GRANT AWARDS;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
GRANT AWARD AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
65 May 26, 1998
Passed on its first reading, by title, at the meeting of May 12, 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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11658
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: Passes unanimously.
17. APPROVE SECOND READINGORDINANCE: ESTABLISH INITIAL
RESOURCES AND APPROPRIATIONS TOTALING $82,924.00 FOR NEW SPECIAL
REVENUE FUND ENTITLED EAST LITTLE HAVANA MINORITY YOUTH
DIVERSION PROGRAM.
Mayor Carollo: On 13. Second reading ordinance.
Commissioner Hernandez: Move.
Mayor Carollo: Moved by Commissioner Hernandez.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Can you read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
66 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING INITIAL RESOURCES
AND APPROPRIATIONS FOR A NEW SPECIAL REVENUE
FUND ENTITLED: "EAST LITTLE HAVANA MINORITY
YOUTH DIVERSION PROGRAM," IN THE AMOUNT OF
$82,924.00, CONSISTING OF A GRANT, IN THE AMOUNT
OF $70,000.00, FROM THE FLORIDA DEPARTMENT OF
JUVENILE JUSTICE AND AN IN -KIND SERVICES MATCH
EQUAL TO $12,924.00 , TO BE PROVIDED BY THE
DEPARTMENT OF POLICE; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE
THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading, by title, at the meeting of May 12, 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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11659
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.
67 May 26, 1998
Mayor Carollo: Fourteen.
Commissioner Gort: Move it.
Commissioner Regalado: Second.
Mayor Carollo: It's been moved by Commissioner Gort. Second by Commissioner
Regalado. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Mayor Carollo: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11332,
ADOPTED JANUARY 25'H, 1996, WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR A
SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE
EDUCATION AND TRAINING," BY INCREASING SAID
APPROPRIATIONS, IN THE AMOUNT OF $85,000,
CONSISTING OF A GRANT FROM THE BUREAU OF
ALCOHOL, TABACCO AND FIREARMS; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
68 May 26, 1998
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11660
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.
19. APPROVESECOND 'READING ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND: PROGRAMS FOR THE DEVELOPMENTALLY DISABLED;
1998-1999 - APPROPRIATE $317,818.00 FROM GRANT FUNDS.
Mayor Carollo: Fifteen. Read the ordinance. Excuse me. Is there a motion?
Commissioner Hernandez: Move it.
Mayor Carollo: Moved by Commissioner Hernandez. Second by...
Commissioner Gort: Second.
Mayor Carollo: ...Commissioner Gort. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Mayor Carollo: Call the roll.
69 May 26, 1998
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 $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 HEATH CARE
ADMINISTRATION, MEDICAID PROGRAM
DEVELOPMENT, CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading, by title, at the meeting of May 12, 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
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11661
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.
70 May 26, 1998
Mayor Carollo: Sixteen. Is there a motion? First reading ordinance.
Commissioner Hernandez: Move.
Mayor Carollo: Moved by Commissioner Hernandez.
Commissioner Teele: Second.
Mayor Carollo: Second by Commissioner Teele. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Mayor Carollo: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 40, ARTICLE III,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED: "PERSONNEL/CIVIL SERVICE
RULES AND REGULATIONS," TO PROVIDE THAT
SUBJECT TO ANY PROVISION IN AN EXISTING LABOR
AGREEMENT, REAPPOINTED EMPLOYEES SHALL ONLY
RECEIVE CREDIT FOR SERVICE RENDERED PRIOR TO
REEMPLOYMENT FOR THE PURPOSE OF MEETING THE
TIME -IN -GRADE REQUIREMENT NECESSARY FOR
TAKING A PROMOTIONAL EXAMINATION; MORE
PARTICULARLY BY AMENDING SECTION 40-119(b) OF
SAID CODE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
71 May 26, 1998
was introduced by Commissioner Hernandez, seconded by Commissioner Gort,
and was passed in first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
Commissioner Wifredo Gort
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 Teele: Why is this necessary? The unions have no objection and
personnel has no objection, right?
Ms. Priscilla Thompson: That's correct, sir.
Commissioner Teele: All right. I vote yes.
Mayor Carollo: Seventeen. First reading ordinance.
Commissioner Hernandez: Move it.
Mayor Carollo: Moved by Commissioner Hernandez.
Commissioner Teele: Second.
Mayor Carollo: Seconded by Commissioner Teele.
Mayor Carollo: It passes unanimously.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Mayor Carollo: Call the roll.
72 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 40, ARTICLE III, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: "PERSONNEL/CIVIL SERVICE RULES AND
REGULATIONS," TO REDUCE THE NUMBER OF PERSONS TO
BE CERTIFIED AS CANDIDATES FOR POLICE OFFICER ON
OPEN COMPETITIVE REGISTERS; MORE PARTICULARLY BY
AMENDING SUBSECTION 40-88(a)(1) AND REPEALING
SUBSECTION 40-88(a)(2); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Hernandez, seconded by Commissioner Teele, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
Commissioner Wifredo Gort
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: Eighteen. First reading ordinance.
Commissioner Regalado: Move it.
Mayor Carollo: Moved by Commissioner Regalado.
Commissioner Teele: Second.
Mayor Carollo: Seconded by Commissioner Teele. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
73 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 54-3 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
THEREBY REQUIRING NOTIFICATION OF ADJACENT
BUSINESSES, PROPERTY OWNERS AND RESIDENTS AT
LEAST TEN DAYS IN ADVANCE OF ANY TEMPORARY
STREET CLOSURE AS A CONDITION PRECEDENT TO
PERMIT ISSUANCE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Teele, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, 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.
[NOTE FOR THE RECORD: AT 12:28 P.M. COMMISSIONER GORT ENTERED
THE COMMISSION CHAMBERS.]
Mayor Carollo: Passes unanimously. Nineteen is withdrawn.
23. BRIEFLY DISCUSS AGENDA ITEM 20A — DIRECT CITY MANAGER TO
PROVIDE INPUT AND RESPONSIBILITY BY THE MAYOR IN CONNECTIONi
WITH APPOINTMENTS TO EXTERNAL COMMITTEES, INCLUDING HOUSING
LOAN COMMITTEE.
Mayor Carollo: Twenty, I'd like to hold that off until I could get some additional
information in the ... for the afternoon. Have you looked at 20 -20a, Commissioner Teele?
Commissioner Teele: Yes, sir. Twenty -A?
74 May 26, 1998
Mayor Carollo: Twenty, have you looked at that?
Commissioner Teele: I've looked at 20. I've got some concerns about one ... did you say
20a?
Commissioner Hernandez: A.
Mayor Carollo: Twenty -A. It's ... 20 is a presentation by the City Manager on the City's
response to HUD audit and, then, you have 20a that's a companion to that somehow, but
we're at 12:30 now and probably be a good time for us to break now for the afternoon.
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Teele: Can ... before we break, on the Loan Committee, how has the Loan
Committee been done in the past?, and can we - I'll - I'll meet over lunch, but I really
would like to understand how it was done in the past and what this corrects. And what
type of guidance is given. I really do believe in some of this, and I don't know how to
say this, but I really think that the Mayor should have some input and responsibility when
we're appointing external people. And if it's no more than ... than doing this and giving
the Mayor a veto or the Commission a veto but, you know, what happens is these things
wind up becoming runaway committees. I mean, people are getting money in people's
districts that may not be the kind of people we want to be doing business in our district. I
can tell you, I mean, I'm going to discuss today this article, Germ City and, you know,
the Commission's taken a lot of the heat for this kind of stuff but we've got a condition, a
public health condition and the Commission knows nothing about it. So, I really wonder,
Mr. Mayor, if you and the Manager or other Commissioners have some input but I think
we need some safeguards on this.
Mayor Carollo: That's my concern, Commissioner. Again, you're in sink with my
thinking on this item.
Commissioner Teele: Well, wait a minute. Maybe I'm doing something...
Mayor Carollo: Or maybe you're doing it much better than you think. Anyway, what
time would this Commission like to come back, this afternoon?
Commissioner Gort: I have a business meeting.
Mayor Carollo: Three o'clock? O.K. We'll reconvene at three in the afternoon, then.
Thank you.
75 May 26, 1998
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:31 P.M. AND RECONVENED AT 3:21 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, EXCEPT COMMISSIONER REGALADO,
COMMISSIONER TEELE AND MR. GARCIA-PEDROSA.
24. COMMENDATIONS (CONTINUED)
KATIE IRELAND - SENIOR AT RANSOM EVERGLADES.
DETECTIVE GENE KOWALSKI - FOR OUTSTANDING WORK WITH AT -RISK
YOUTH.
Mayor Carollo: We're in the noon section of this meeting and if I may get Kate Ireland
to come up here for a presentation that Commissioner Plummer is going to read.
Vice Chairman Plummer: Thank you, Mr. Mayor. Ladies and gentlemen, it's an honor
that not only is this young lady happens to be my immediate next door neighbor, but she
also happens to be a very recent addition to this community and she came down here
about a year ago from Chicago. And a number of the schools down here had the
opportunity of running away with all of the track meets until she got here and when she
got here, she kind of changed history quite a bit and went up to the State finals this year
and came back and brought to this community three gold medals for our community. She
has a scholarship and I asked the Mayor that we, please recognize the good work in the
Coconut Grove resident Katie, a senior at Ransom Everglades, brought home the three
first place medals from the State's 3A Track and Field Championships recently held in
Gainesville. And Katie anchored the 3200 meter relay, which set both school and state
records and won both the 1600 meter and 800 meter runs. Katie will be attending Boston
University in the Fall on a full athletic scholarship. And the Mayor of this great city and
our great Mayor has made this Katie Ireland ... and for her continued commitment to
academic in sports in this community. Katie, congratulations. All right, come on over
here. Come on, guys. It's not often you get with a pretty girl.
Commissioner Gort: She's speedy Katie.
Mayor Carollo: Now, if we could have Detective Gene Kowalski, please. You know,
Chief, let me ... let me have you read this one. I think it would be appropriate.
Police Chief Donald Warshaw?: Whereas, the City of Miami Gang Unit, Detective Gene
Kowalski has devoted the past three years to helping at -risk youths make positive
changes in their lives. Whereas, Detective Kowalski's caring concern and tireless efforts
have earned him the respect of many former gang members and the appreciation of their
families and teachers. And whereas, since joining the Miami Police Department in 1981,
Detective Kowalski has been assigned to patrol the SWAT Team, Missing Persons and
the Gang Unit. And whereas, Detective Kowalski, who is D.A.R.E. trained, G.R.E.A.T.
trained, a School Resource Officer, a Field Training Officer, and has been the recipient of
76 May 26, 1998
82 commendations, 52 citizen letters, three unit citations, one silver life saving award and
seven Officer of the Month awards. And whereas local authorities, on behalf of the
community and especially on behalf of the young people, whose lives he has helped to
turn around, are proud and pleased to salute Detective Gene Kowalski for his dedication
and commitment. Now, therefore, I, Joe Carollo, Mayor of the City of Miami, Florida,
do hereby commend Gene Kowalski for his continuing outstanding performance of duty;
his dedication to professional law enforcement and his commitment to the citizens of this
community. And it's signed Joe Carollo, Mayor. Congratulations.
Mr. Gene Kowalski: This is a shirt of our program, the GRASP Program, and this is
what we give out to the kids and this is the program that helps all these kids, that helps
turn them around. It's called GRASP,
Gang Reduction Activities and Sports Program. And this is just, it's called a bridge of
opportunity and it shows sharks on the bottom.
Mayor Carollo: Thank you very much. I'll need some of this kind of help with some of
the sharks I got around here. Thank you.
[NOTE FOR THE RECORD: AT 3:25 P.M. COMMISSIONER REGALADO
ENTERED THE COMMISSION CHAMBERS.]
Mayor Carollo: Matt Leibowitz. See, is Commissioner Teele coming right now? Matt,
hold on before we start with you because we really need a full Commission for this item.
Let's see if I can go to another one briefly.
We could go to ... while we're waiting for Commissioner Teele for Item 6, if we could go
to Item 8. Commissioner Plummer, as I remember, they were offering one percent the
last time they were up here on this item. And I think you were up to six percent?
Vice Chairman Plummer: Mr. Mayor, we came very close to six but...
Mayor Carollo: Or was it over six?
Vice Chairman Plummer: I think you'll be happy to know that we have come out with a
bottom line, regardless of the percentage. The bottom line is, it looks like, instead of
fourteen million dollars ($14,000,000.00), that we will be coming out with about thirty-
seven million dollars ($37,000,000.00). We went on a graduated schedule and, of course,
77 May 26, 1998
needless to say, without question, this is projections, that we hope they do well because
the better they do, the better we do. The guaranteed portion of it is the ad valorem taxes.
It is three different areas of this community, which are being spelled out in the ordinance.
One is the downtown and the immediate effectiveness will be in the new arena, which
saves them approximately four million dollars ($4,000,000.00). It would also include the
Civic Center, as well as Brickell Avenue. I think it is very, very important, on a 37 year
franchise, that it be understood that this, in fact, is a non-exclusive franchise. Anybody
wanting to can come before this City Commission and they can make a proposal and this
Committee can we accept it or not, as we did in this particular case? There's only one
question that came up today that is a change and it's been agreed by the parties and that is
into the No Compete Clause. It was said that it had to be that, in fact, that the City, if
they wanted to ... because the way the written document is now, the City could not enter
into the business at all. What it will read in its change in an amendment to the ordinance,
is that the City can provide for any of its own that it wishes to do so. In other words,
we're not going to go out and provide and sell it to other people but we want it to, for
example, do Dinner Key Auditorium and City Hall, we would have the right to do such. I
would also want to enter into the ... into the ordinance the following terminology that
states: The granting of non-exclusive franchise described herein shall not preclude or
provide a basis for denying any qualified third party application of for a non-exclusive
franchise to construct, operate and maintain a distribution system for delivery of chilled
water and/or steamed, to provide proficiency heating and cooling to exist in future
developments, both public and private, within the City of Miami, including but not
limited to the franchise area established herein. Any such subsequent qualified third
party franchise applicant shall be afforded the same expedient review and proc... approval
process applied to in the instant application. Mr. Mayor, I think that ... I hope that you're
pleased and other members of this Commission. I have to tell you, FPL was very
cooperative and their attorney, Mikki Hampton, was very helpful and I think it showed
that when reasonable people sit down and talk about things in a reasonable manner, that a
very nice conclusion can be drawn. From that point, I would ans... try to answer if you
have any questions, but at such times I'm ready to offer such a motion.
Mayor Carollo: O.K. There's a motion by Commissioner Plummer. Is there a second...
Commissioner Hernandez: Second.
Mayor Carollo: ...for discussion? Second by Commissioner Hernandez. Commissioner,
from what they had originally offered, what was the total gross amount that it was
estimated that we would get...
Vice Chairman Plummer: Mr. Mayor, was seven million in ad valorem taxation and
seven million in franchise fees. And, needless to say, that was also projected. The one
thing I did overlook but it's not to be overlooked and that is, in the first four years during
construction of the downtown facility, we will benefit into the tune of three quarters of a
million dollars ($750,000.00). That is guaranteed. So I wanted that included. But the
initial offer was seven and seven. Now you have the seven and the additional thirty.
78 May 26, 1998
Mayor Carollo: So now we have seven and an additional thirty?
Vice Chairman Plummer: Yes, sir.
Mayor Carollo: O.K. So...
Vice Chairman Plummer: And that doesn't kick in until the fourth year.
Mayor Carollo: Right. All right. I think this is a little better than what we had on the
table before.
Vice Chairman Plummer: Slightly.
Mayor Carollo: The staff, do you feel comfortable with the studies that you've
conducted, that we're getting a fair fee payment on this?
Ms. Christina Cuervo (Assistant City Manager): One of the attachments to the agreement
is a study that was conducted by the Public Works Director of the different work ... other
that have similar franchise agreements and I think you'll notice that these are more
favorable than all those that we contacted or were able to obtain information from.
Mayor Carollo: O.K. That was done on the request that I made, that we would do a
comparable. Mr. City Attorney, have you had the opportunity to go with the contract, to
be satisfied with the legality and forms of it?
Mr. Vilarello: Yes.
Mayor Carollo: Very good. All right, there's a motion. There's a second. Is there any
further discussion from the Commission...
Vice Chairman Plummer: Mr. Mayor, there's one other...
Mayor Carollo: ...before we go to the public?
Vice Chairman Plummer: If I may? I'm sorry. Just that I think it's important... it's in the
contract but there's what we would refer to as a favor the nation and that is, that if any
other group were to come in and be awarded a franchise by this City, that they could not
be afforded a better deal than what Florida Power & Light has unless Florida Power &
Light was afforded the same opportunity. It does not preclude any different kind of
scenario of the bottom line. For example, they could come in with soft dollars or in -kind
services or things of that, but at the bottom line, must equate to the same bottom line
numbers that it was with Florida Power & Light. So I ... I think that's important to note.
79 May 26, 1998
Mayor Carollo: Let me open it up to the public then, if anybody would like to address
this body on this issue.
Mr. Manuel Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga, 2469
Southwest 14' Street. I would like to ask if, by any chance, this is an income for the
City. Are they, in turn, going to raise franchise fee that I pay when I pay the light every
month, directly or indirectly?
Mr. Walter Chinn: No.
Manuel Gonzalez-Goenaga: And, then, this is a ... an agreement that has been worked out
by sophisticated people and especially a sophisticated Commissioner, Mr. Plummer.
Congratulations.
Vice Chairman Plummer: Thank you, sir.
Manuel Gonzalez-Goenaga: For the first time in 28 years.
Vice Chairman Plummer: Thank you.
Manuel Gonzalez-Goenaga: If you would have performed the same way in this
agreement 27 years ago all the way to now, we wouldn't be in the situation that we are
now. Thank you very much.
Vice Chairman Plummer: Thank you, sir. The gift certificate's still waiting at the funeral
home.
Mr. Walter Chinn (Director of Development): My name is Walter Chinn. I'm Director
of Development for _ Gibson Associates, a Tico Company. I spoke last month or two
weeks ago. It seem like a month ago. I can tell you we should have started an hour ago
because it was a total sea of green shirts out here and just a fine group of young adults
and so I'm not sure of their issue but I certainly wish them the best. I would like to also
congratulate the Commission and especially Commissioner Plummer. Let me just simply
say, ain't it great what a good negotiator and competition can do. To go from one percent
to four percent is pretty good in a two -week time period. I also appreciate the
amendment to the ... to the ordinance as well. I appreciate the fact that the City will be
able to ... to provide service to itself. I would be remiss though if I did not add that I think
it also would be ... I'd be able to say ain't it great if the City could also down the road
partner with other companies to provide this as an additional revenue source. Obviously,
I think my company would be one of the best. Certainly FPL services would be right in
there competing with me. But I do believe that down the road it's going to be a missed
revenue source. This is a new industry. There are three, I believe, or four of these in the
state. It is something to come 37 years from now it will have come and been here and
that's probably the only thing and the only short fall that I would have liked to have seen.
But other than that, I thank you and my compliments to you.
80 May 26, 1998
Mayor Carollo: Anyone else would like to address this body on this item? Before
we ... we vote on it, hopefully Commissioner Teele will come in right now. If not, maybe
we could bring it up in a few minutes after because I think he does deserve the
opportunity to be here present on this one.
Vice Chairman Plummer: Fine with me.
Mayor Carollo: But last meeting, when this was brought up, we were told that we had to
do it ... approve it at the last meeting or else the deal would be completely lost. The
amount that was offered was, as you have heard, much less than what we have here today
and, if it hadn't been that couple of us questioned why it had to be done in the fashion
that it was being done, why we didn't have any backup of any studies of any other cities
to see if, in fact, the deal was a good one or a bad one, if that had been the case, we would
not have a much, much substantially better deal today from potential of fourteen million
dollars ($14,000,000.00) maxed to potential of thirty-seven million dollars
($37,000,000.00) in this deal. And, at the same time, a confirmation that in comparison
to other cities that have done similar contracts, the one that we're doing is a better one
than other municipalities have entered into, so this is the way that I would hope that City
Administration and the City Commission will work in the future in solving problems for
the City and moving forward in trying to acquire additional revenue for the City.
Commissioner, would you like to approve this, subject to any objections that
Commissioner Teele would have and, if he doesn't, we'll bring it right back in this
meeting?
Vice Chairman Plummer: Mr. Mayor, whatever your pleasure.
Mayor Carollo: We could do it subject to that. And if he has any objections, then we'll
deal with it again.
Vice Chairman Plummer: No, I think it's going to be four/fifths unless there's somebody
that's negative.
Mayor Carollo: Don't see...
Vice Chairman Plummer: Is there anybody negative?
Mayor Carollo: I don't see it.
Vice Chairman Plummer: So you got the four/fifths.
Mayor Carollo: Right. O.K. Can you read the ordinance then, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
81 May 26, 1998
Vice Chairman Plummer: It's included, the amendment, which I read into the record. I
moved it. Then it was seconded.
Mayor Carollo: Can you call the roll, please.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE APPROVING THE
FRANCHISE AGREEMENT ("AGREEMENT"), ATTACHED
HERETO AS EXHIBIT "A" AND MADE A PART HEREOF, BY
AND BETWEEN THE CITY OF MIAMI AND FPL ENERGY
SERVICES, INC., ITS SUCCESSORS AND ASSIGNS,
GRANTING A THIRTY-SEVEN (37) YEAR NONEXCLUSIVE
FRANCHISE FOR CONSTRUCTION, OPERATION AND
MAINTENANCE OF AN ENERGY EFFICIENT
DISTRIBUTION SYSTEM IN THE PUBLIC RIGHTS -OF -WAY
OF THE SERVICE AREA, SPECIFICALLY DESCRIBED IN
THE ATTACHED AGREEMENT, FOR PURPOSES OF
DELIVERING CHILLED WATER AND STEAM TO PUBLIC
AND PRIVATE INSTITUTIONS IN THE CITY OF MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT, AS AMENDED; CONTAINING A REPEALER
PROVISION AND PROVIDING FOR AN EFFECTIVE DATE
AND EXPIRATION DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Hernandez,
for adoption as an emergency measure, and dispensing with the requirement of reading
same on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
82 May 26, 1998
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11662
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: Mr. Mayor, if I may?
Mayor Carollo: Go ahead.
Vice Chairman Plummer: Captain? Florida Power & Light, they want to do this before
because I didn't want them to say I was going to be holding them up but I am. Captain,
tell us what Florida Power & Light has that you need desperately, at no cost.
Captain Longueira: Florida Power & Light has a GIS mapping system, similar like the
City's and they have property down to the lot lines. I mean, commercial property, the
building footprints. They also have aerial photographs in the City of Miami. Both of
these items integrated into our system would greatly enhance our ability to respond in
emergencies and do planning.
Vice Chairman Plummer: And some day maybe save the president of Florida Power &
Light from having a major problem, is that correct?
Captain Longueira: Yes, sir.
Vice Chairman Plummer: Joaquin, are you listening? The Police Department tell me
they cannot afford to pay the price you're talking. I would personally... and I'm sure that
my colleagues on this Commission would appreciate Florida Power & Light working
with the police department to see if you can't come up ... you've already paid for it.
You're using it. We need a copy of it. O.K. Now, if you don't do it, I'm going to blow
the steam out of your whistle. Thank you, Mr. Mayor.
Mayor Carollo: Let me see if I canjump to...go ahead.
83 May 26, 1998
Mr. Ed Cancio: Excuse me. My name is Ed Cancio and I'm the Director of Business
Development for FPL Energy Services. I just want to thank all the Commissioners, the
Mayor, Mr. Manager, and all the staff. Everyone's worked very hard for a very quick
turnaround and this is not only going to bring great revenues to the City, but it's also
going to provide for economic development in downtown area, in the Urban Center and
also in the Brickell ends of the carrier. This is really a great thing. By the way,
something that wasn't mentioned is that we'll be investing over the next 14 months of ten
million dollars ($10,000,000.00) into what we call the downtown area. And over the next
five years, we'll be putting at least another eight right there in that area. So this is a very
good thing for all of us and just wanted to thank you.
Vice Chairman Plummer: Thank you, sir.
Mayor Carollo: Thank you.
26. PRESENTATION BY MIAMI POLICE REGARDING DOMESTIC VIOLENCE
PROGRAM COMMISSION REQUESTS PERIODIC STATUS REPORTS O
PROGRESS OF SAID PROGRAM.
Mayor Carollo: If we could go to Item 25 now, please.
Vice Chairman Plummer: Don't let this devil talk more than three minutes. This is my
item, Mr. Mayor. This is a new in its present conception in the Miami Police Department
of Domestic Violence. It has received tremendous amount of support and financing from
the state, from the federal and all the way through as law ... as well as the local. I ask that
Lieutenant Green come as much as he talks too much and we'd like to try to limit him to
three minutes. I told him, Mr. Mayor, that you'd limit him to two but I think it's
important that the people of the City, through the media of Cable 9, have just a glimpse of
what is being offered to the citizens of this community, where, I think, in a lot of cases,
people are not aware of this service that they are offering and have been offering and has
been working for its fullest extent. So, Mr. Mayor, through you, I would like to turn it
over to the police department for their presentation.
Mayor Carollo: Go ahead. Thank you.
Assistant Police Chief John Brooks: Mr. Mayor, honorable members of the
Commission. January 1, 1992 the Florida Legislature passed one of the first...
Vice Chairman Plummer: Chief Brooks, for the record, would you give us your name?
Assistant Police Chief Brooks: Sure. Assistant Chief John Brooks. The Florida
Legislature passed one of the first domestic violence laws in the nation, which mandated
certain responses by law enforcement. This also mandated certain requirements, which
84 May 26, 1998
significantly changed the way that we policed domestic violence issues. As you
know ... as you've been told before, approximately 20 percent of our homicides are
domestic related deaths, but I want to bring to your attention some significant statistics,
which we do not believe have been previously reported. In 1994, there were 21 domestic
violence murders in the City of Miami. In 1995, that figure dropped to 12 and in 1996 to
ten; 1997 to nine; and today, present... today we have four domestic related homicides
within the City of Miami. We think that this is in part to the program that Lieutenant
Green is going to bring to you and show what we're doing in domestic violence arena.
With him is Sergeant Carol Thoney, also of our Domestic Violence Unit. Lieutenant
Green.
Vice Chairman Plummer: Would you turn the clock on, please, for three minutes?
Lieutenant Gerald Green: Thank you. My name is Gerald Green. I'm a lieutenant with
the City of Miami Police Department and a commander of our Domestic Violence Unit. I
want to thank the Mayor, the Commissioners and the Manager's staff for the support
you've given me for the last three years in what we've been doing. With me is Sergeant
Carol Thoney, who's our supervisor in our Domestic Violence Unit. I understand I only
have three minutes and I've got 30 years of war stories with the City of Miami and I'll
think about later. But the main thing that I want to bring out to you is that we went ahead
with some grant funded proposals and were awarded grants that brought to the Miami
Police Department some civilians who had expertise in the area of Domestic Balance
Intervention, Stalking Assessments with risk markers; Victim Advocacy work in terms of
helping the victims of homicide devastation; traffic; homicide; sexual crimes, and also
we're dealing with a new area, which is the work place violence concerns. All the issue
that we've had to date has allowed our civilians at the police department to reach out and
work with people who have had the most difficult time that you can imaging. The
statistics on the criminals in jail have indicated that violent offenders are claiming that
they've received as much as 70 percent ... 70 percent of them have been the victims of
domestic violence and family violence before they got to jail and we know that we have a
lot ... as a matter of fact, the majority of the City is a lot of loving, caring, family people
who would not ever consider that violence is a way to settle an argument, but at the same
time we're receiving over six thousand reported incidents of domestic violence in the city
of Miami each year. That comes out to almost every hour and a half a domestic violence
call goes out in the City of Miami. Fortunately, not all of them end up in high trauma or
death or anything like that, but we do know that many of the cases are receiving the type
of misunderstanding from the courts and misunderstanding from the community about
what we're trying to do. We established a mandatory report writing system. It's no
longer a discretionary system. Domestic violence requires a report. Especially if there's
children involved. Another thing that the police department initiated was a pro -arrest
policy. We've decided that we would go along with the national model and the state
model, which is that we immediately tell the victims that the state is prosecuting and
there is no discretion from the victim on who's going to make a decision if the abuser is
going to jail. All of this has allowed our domestic violence advocates to reach out and
they've talked to thousands of people but they've particularly been helpful in getting over
85 May 26, 1998
nine hundred people to go into a program where they've got an existing program here in
the community to help them. At the same time, the City of Miami Beach wasn't looking.
We got a victim's advocate to work for us. And this victim's advocate at our station has
done a tremendous job in terms of reaching out to the families of victims of homicides,
traffic homicides, sex crimes and she has been instrumental in providing the victims of
this type of devastation about fourteen hundred referrals over forty thousand dollars has
been returned to them. The main thing that I wanted to tell you here. In all my years in
law enforcement, two words have popped up that I really care a lot about now and that is
victims rights. And we're now caring about the offenders. We're caring about the
victims. These programs have helped put us in the right direction. I thank all of you for
your support. I'm telling you that these programs are working and the electronic device
on my ankle is shocking me.
Vice Chairman Plummer: Thank you, sir. Thank you.
Commissioner Regalado: Mr. Vice Chairman, I just want to say that I had the pleasure
of bringing to the Chief and Lieutenant Green and Assistant Chief, the Chief of the
federal police of Venezuela and the former First Lady of Venezuela, who is very involved
in fighting domestic violence. They came to Miami to seek the help of the City of Miami
Police Department and the Chief was very gracious to spend some time with the Chief of
Police of Venezuela and they will be requesting to the State Department that we send
somebody to Venezuela to train the police in Venezuela on this case. And so we're,
we're really very proud of your unit and of the police department.
Lieutenant Green: Thank you.
Vice Chairman Plummer: Thank you. Chief Warshaw?
Chief Donald Warshaw: Thank you, Commissioner. I'll be very brief. You know...
Vice Chairman Plummer: Somebody has to be.
Chief Warshaw: Lieutenant Green is a ... is a 30-year veteran of the police department,
having worked in homicide for many years. He's, you know, very well-known nationally
and I have to tell you that this is the model domestic violence program in America and
because of Lieutenant Green and the members of the unit who have gone out of their way
to seek, not only a lot of federal funds, they have shown compassion and sensitivity and
reached out to victims of domestic violence at a time in our history when domestic
violence really is, you know on the front burner every day. And my hat's off to
Lieutenant Green. And I meant what I said. He is the father of domestic violence in
America right now and people are coming here from all over the country to see what it is
he's doing. So, I wanted to heap some praise on him that's very deserved because he's
really put Miami on the map. So, again, Gerry, congratulations to you and to all the
people who've made us really look so good. Thank you.
86 May 26, 1998
Vice Chairman Plummer: I think it would be very appropriate ... I think it would be very
appropriate, Chief, that we have a six month and a 12 month report of how that unit is
actually doing. And I think that the people of this city that ... you know, we can ... through
Channel 9, we can distribute to the people of this city what is happening and how this
thing is available to them, so I think it's very, very important and I thank both of you for
being here. And the lady and ... no, no. Go away, go away, go away.
Vice Chairman Plummer: The Mayor had said he wanted to wait.
Commissioner Regalado: About Leibowitz?
Vice Chairman Plummer: I'm sorry?
Commissioner Regalado: Going to do the cable thing?
Mr. Leibowitz: Well, I need to discuss FPL, so Art, any comments...
[NOTE FOR THE RECORD: AT 3:52 P.M. COMMISSIONER TEELE ENTERED
THE COMMISSION CHAMBERS.]
27. BRIEF DISCUSSION REGARDING APPROVAL ;OF FRANCHIS AGREEMENT
WITH FPL ENERGY SYSTEMS, INC.
Vice Chairman Plummer: Oh, Art, we ... we did FP&L subject to you having any thoughts
that you wish to explain. If you had any idea, we would reconsider. If not, then, we
would deem it to be passed. That's Item 8.
Commissioner Teele: Mr. Chairman, I want to thank you for the effort that you've taken
in looking at the matter and I'm satisfied that you and the Mayor and the Manager have
given it a good going over.
Vice Chairman Plummer: We have.
Commissioner Teele: Thank you.
87 May 26, 1998
Mayor Carollo: All right. We're back on Item 8. If Mr. Leibowitz can come up and...
Vice Chairman Plummer: Six.
Mayor Carollo: Excuse me, six. We did eight before. You're right.
Mr. Matthew Leibowitz: Mr. Mayor, members of the Commission. I've previously
reported to you, along with the staff, the progress or lack thereof with respect to the
renegotiation for the renewal for the TCI Cable Franchise. And, as you may recall, given
the delays and the failure to respond at the table and to time deadlines, it was my
recommendation and as Commission adopted to impose a formal renewal process under
the Federal Statutes. Under that process, the City has lived up to its requirements and in
late April, April 29"' , I believe the date was, TCI was required under that agreed
procedure into the Federal Statutes to submit a formal proposal to this City as to what it
intended to provide in ... during a renewed term of service in order to meet the need and
interests of this community. Despite numerous conversations and communications, the
bottom line, TCI failed to provide notification, provide that proposal to the City. So the
question is, what do we do now and where do we go from here? TO be candid, as
always, we're somewhat in uncharted waters. Federal procedure both in state both in
terms of statutes and case law is great at best and there are a number of alternatives on
how to proceed, but I think in meeting with staff, meeting with the City Attorney's office
and the City Manager's office, we've come up with a proposed procedure that attempts to
move the ball forward, quickly and not delay an inordinate amount of time, not concede
the time requested to TCI of the 18 months that they have previously requested. And to
avoid litigation, if, at all, possible and in the event of litigation, to present the best face
and the best record before any judge in the event the City Commission makes an adverse
determination to TCI. So, specifically, what the resolution before you calls for is that this
City Commission today, formally notify TCI that there will be a public hearing to be
scheduled on July 28, 1998. At which time, the City Commission will hear from staff
and have a public hearing with respect to what proposals, if any, have been submitted by
TCI and compare those proposals to ascertain needs and interests of this city in terms of
what we need out of our cable, cable service franchisee. We also include within this a
period of time up to July 10' to give them essentially one more opportunity to file a
formal proposal. This provides 45 days, which was the agreed upon time that they would
88 May 26, 1998
need to put a formal proposal together based on prior discussions. In the event that they
do not come forward with that formal proposal, this puts them on notice, both by
resolution of this Commission and in writings by the City Manager to them that at the
July 28`h Commission meeting, we will, then, take up any of the other proposals, informal
or otherwise; conflicting or otherwise that they have previously submitted and use that as
the basis of comparison of...to base a decision on whether they are proposing to meet the
needs and interests of the city and its residents. At that time, the City would, then have
developed a record sufficient in my judgment to withstand scrutiny in terms of the cable
procedure and the ultimate substantive determination of whether in fact, on a preliminary
basis or depending on their actions or failure to act, the potential denial of the TCI
renewal.
Commissioner Regalado: Mr. Mayor?
Mayor Carollo: Go ahead.
Commissioner Regalado: Before the public hearing, don't you think that it will be wise
to do a workshop with the Commission and members of the industry, at least to compare
the different services there are between cities and the same company serving other cities?
Because I would think that, on the public hearing, there's going to be members of the
public and I ... I think that we should publicize that in different media outlets because, after
the fact, then, you know, people say, well, we ... we wanted to speak. But don't you think
that we should call for sort of a workshop? Not a Commission meeting but a workshop
and anybody from the industry who would attend can answers questions of the members
of the Commission who are present.
Mr. Leibowitz: In my own experience, I find workshops to be very valuable and I
certainly agree that having a workshops to work with the City Commissioners
themselves, you know, pursuant to the Sunshine laws, as well as the public and any
industry people would be very helpful. My only question would be, given this time
frame, it seems to me there ... there are at least two logical times that you might want to do
this. One ... and, again, remember, we're trying to give them one more opportunity to give
us that formal proposal. Assuming they do give us one on July 10", it's going to be
difficult but not impossible to have a full report before this Commission for the
consideration on the 29. So if you want to assume that they're going to give us a
proposal and have that as part of the discussion at the workshop, then have the workshop
the 28`h or the 27t .
Commissioner Regalado: No. I ... I ... I'm saying during June because, I mean, we don't
need to have their proposals.
Mr. Leibowitz: Exactly. If you want to do more of a generic workshop as to what's
going on in the industry, what TCI is doing in other communities, we could do that
at ... just give us two weeks notice and we'll be happy to provide it for you.
89 May 26, 1998
Commissioner Regalado: It think it's important, Mr. Mayor. It is important because we
should know what is going on with Media One and what is going on with the technical
aspect of the cable industry. There are ... there are many, many changes and, of course,
you know more than anybody on this ... but, you know, we're going to fall behind if we
don't set the pace with whoever we do something. So I would suggest that we should do
this on June because it is important. What we do on July the 28t' is going to remain.
Mr. Leibowitz: Correct.
Commissioner Regalado: And...
Mr. Leibowitz: We'd be happy to work that out and we could provide a variation of, I
guess, the analysis that Commissioner Plummer had asked for or the Mayor. With
respect to the prior item, we could give you a ... an analysis of what TCI and Media One
have offered and provided in other communities, discussion on the various technology
issues that you'll have before you. And those type of matters.
Vice Chairman Plummer: Let me ask you a question.
Mr. Leibowitz: Yes, sir.
Vice Chairman Plummer: Media One, in my opinion, is not in the picture so what
discussion would I want to have with them?
Mr. Leibowitz: Well...
Commissioner Regalado: It is in the picture.
Mr. Leibowitz: Well, TCI is your renewal applicant. We all know that Media One is
going to come to you for a transfer. The only relevant question...
Vice Chairman Plummer: If we approve it.
Mr. Leibowitz: If you approve it. The only relevant ... you know, relevancy would be
that you could look at an industry wide scenario, including Time Warner and others,
Adelphia that provide service in South Florida... Florida, to show what type of services the
industry provides so that way you have an industry benchmark to compare TCI against.
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Go ahead.
Commissioner Gort: The question that I've asked in the past is, why can't we just deal
directly with all of them by having an RFP?
90 May 26, 1998
Mr. Leibowitz: Well, again, you don't need an RFP
Commissioner Gort: Because I think, by extending 18 months, which is what they're
requesting, is giving them leverage to negotiate, which is something the City can do for
his behalf.
Mr. Leibowitz: One ... as I say, I do not believe we need the 18 months and we should not
have agreed to the 18 months. Two, is as we discussed ... and I think this Commission
recommended or directed the City Manager is, you don't need an RFP. Is you can direct,
you know, the Manager's office or the staff to notify the industry that you're seeking
alternative nonexclusive providers to provide service and competition with TCI and that
will save you a lot of time and unnecessary expense and accomplishes your same
purpose. Thank you.
Vice Chairman Plummer: Mr. City Attorney, what do you recommend?
Mr. Vilarello: We did discuss this at a meeting last week and this resolution, as
presented, receives my recommendation that we proceed. In the event that the
matter ... that they propose a formal proposal for ... or they give us a formal proposal, we'll
be able to evaluate that. If it does get to the point where they do not respond, then, this
puts us in the best posture if we have to start litigation on this matter.
Vice Chairman Plummer: Do you have that in the form of a motion or an ordinance or
resolution?
Mr. Vilarello: Resolution.
Vice Chairman Plummer: Read it. I move it.
Mr. Vilarello: Resolution scheduling ... a resolution scheduling a hearing on July 2V,
1998, to determine whether to grant or deny cable television licensee franchise renewal to
Miami TCI. Authorizing City Manager to advertise notice of public hearing and to notify
Miami TCI in writing that one, the City Commission will consider whether Miami TCI
failed to comply with the April 24, 1998, deadline for the formal renewal proposal; two,
unless a new formal proposal is delivered to the City by no later than July 10, 1998, the
City will consider the previous proposals received from Miami TCI to constitute the
formal proposal; three, the City Commission will determine whether Miami TCI Cable
proposal meets the needs and interests of the city; four, a public hearing to determine
whether to grant or deny the license franchise renewal has been scheduled for July 28t',
1998 and five, the City remains available for continuing and informal license franchise
renewal process.
Vice Chairman Plummer: I move it, Mr. Mayor.
Commissioner Gort: Second.
91 May 26, 1998
Mayor Carollo: There's a motion by Commission Plummer. Second by Commissioner
Gort. Any further discussion?
Commissioner Hernandez: Yeah, under discussion. Matt, the last time you were here, I
asked you if Media One had entered into a Letter of Intent with Miami TCI and you said
no, correct?
Mr. Leibowitz: Well, no, no, no. I believe I said they had entered into a Letter of Intent
but not the formal contract.
Commissioner Hernandez: And they were basically waiting for us to give an 18 month
extension in order to enter into that agreement?
Mr. Leibowitz: Well, they were ... no. Officially, they're continuing their due diligence. I
am sure part of their due diligence is in part, at least significant part, what this
Commission is doing.
Commissioner Hernandez: As to opening it up to anyone that would want to bring cable
business into the City, you also said that it wasn't economically feasible because they had
to bring in ... basically, create their own infrastructure and/or buy Miami TCI
infrastructure?
Mr. Leibowitz: Well ... I think we touched briefly on economic feasibility. In the past it
was simply not economic to over build. Now you have alternative technologies in ... and
some new federal statutes, which bring the economics much closer to a parity level. You
have Bell South already proposing service through the County, although on a cherry
picking basis. You know, which is an issue of concern for some. So you do have
competitors and, you know, you go from the range of a full overbuild with the very costly
infrastructure to the satellite to wireless technology, which Bell South is purchased the
license for this area. The ... the piggy back, if you will, of telephone lines and lease lines
through that technology. There's a whole slew of different alternatives that are available.
So, following Commissioner Gort's concept, you know, the idea of inviting other
companies in, today makes ... makes, you know, a great deal of sense, where two/three
years ago it would have been a waste of the postage stamps.
Mayor Carollo: Any further questions from the members of the Commission?
Vice Chairman Plummer: Mr. Mayor, I have a statement to make and I asked that this be
placed on the agenda so that the record is clear. The indication that the last time that this
matter came before us in reference to the fees of the attorney, it was indicated to us that
he had previously been granted thirty-eight thousand dollars ($38,000.00) and that we
were increasing it by another hundred thousand dollars ($100,000.00) for further ... of his
time. It, then, became aware to my understanding that, when I asked the question, was
this the entire amount of the fees, the answer was yes. I then found out that it is no. That,
92 May 26, 1998
in fact, this firm has received two hundred and thirty-eight thousand dollars
($238,000.00) and it does not include if, in fact, we go into any litigation. So I just hope
and understand that this is not a one-way street for any one given law firm, that we're
going to be competitive if we go to a litigation of any kind and we're going to try to get
the best deal we can for the City and it might be them or it might be someone else, but so
far we've spent two hundred and thirty-eight thousand dollars ($238,000.00), which is a
lot of money.
Mr. Leibowitz: For the record, Commissioner, I don't know if I was the one who
misspoke and if it was, I apologize. We have spent or the City has spent approximately a
hundred thousand dollars ($100,000.00) and a hundred and thirty-eight thousand is now
approved but not yet spent. And when the question was raised to me through the
Manager's office on the litigation, I've sent you a letter indicating that our normal
retainer agreement excludes litigation because of a number of factors, which are not
present here and we'd be happy to provide those services under that. I would also point
out to you that, I would agree with you that this is a hell of a lot of money and a very
large and unusual amount in this process. It is been ... you know, it has been expended in
large measure because of TCI's position in failure to respond. The best example is the
procedure we've gone through this meeting and the prior meeting, trying to drag them to
the table. Finally, I would note for you one bright potential light and that is, under your
franchise agreement, which is relatively unique, you have a cost recovery system. And,
in fact, TCI and its predecessors have paid the City that cost recovery. Now, I'll tell you
TCI and all cable companies now come kicking and yelling to the table on that issue, may
claim that there are some cases that suggest that it is improper or deductions from
franchise fees. That is not our position. We have been successful, generally speaking,
getting cost recovery. Getting no guarantees but that is a potential light at the end of the
tunnel on this issue.
Vice Chairman Plummer: Are you aware, sir, that this week I received a notice that TCI
is upping their fees for the citizens of the City of Miami.
Mr. Leibowitz: They have sent a similar notice to their ... their subscribers all over the
country.
Vice Chairman Plummer: And I'm sure one of their justifications is all of the legal fees
they're having to pay?
Mr. Leibowitz: Well, they're just...
Vice Chairman Plummer: Just for the record, I want it understood that this is not a one-
way track for anybody.
Mr. Leibowitz: I understand.
Mayor Carollo: Any further discussion from administration?
93 May 26, 1998
Ms. Christina Cuervo: No further comments. We concur.
Mayor Carollo: Mr. City Attorney, you have any...
Vice Chairman Plummer: It's his motion.
Mayor Carollo: There's a motion. There's a second. All in favor, signify by saying
"aye." It passes unanimously.
The Commissioner (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 98-524
A RESOLUTION SCHEDULING A PUBLIC HEARING ON
JULY 28"', 1998 TO DETERMINE WHETHER TO GRANT OR
DENY CABLE TELEVISION LICENSE/FRANCHISE
RENEWAL TO MIAMI TCI; AUTHORIZING THE CITY
MANAGER TO ADVERTISE NOTICE OF THE PUBLIC
HEARING AND TO NOTIFY MIAMI TCI IN WRITING THAT:
(1) THE CITY COMMISSION WILL CONSIDER WHETHER
MIAMI TCI FAILED TO COMPLY WITH THE APRIL 24TH,
1998 DEADLINE FOR THE FORMAL RENEWAL PROPOSAL,
(2) UNLESS A NEW FORMAL PROPOSAL IS DELIVERED
TO THE CITY, BY NO LATER THAN JULY 10, 1998, THE
CITY WILL CONSIDER THE PREVIOUS PROPOSALS
RECEIVED FROM MIAMI TCI TO CONSTITUTE THE
FORMAL PROPOSAL, (3) THE CITY COMMISSION WILL
DETERMINE WHETHER MIAMI TCI' S CABLE
PROPOSAL(S) MEETS THE NEEDS AND INTERESTS OF
THE CITY, (4) A PUBLIC HEARING TO DETERMINE
WHETHER TO GRANT OR DENY THE
LICENSE/FRANCHISE RENEWAL HAS BEEN SCHEDULED
FOR JULY 28, 1998, AND (5) THE CITY REMAINS
AVAILABLE FOR CONTINUING THE INFORMAL
LICENSE/FRANCHISE RENEWAL PROCESS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
94 May 26, 1998
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mayor Carollo: Thank you, Mr. Leibowitz.
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Go ahead.
Commissioner Teele: To the City Attorney and the Manager, I just ... I wanted to be on
record as saying, I think it's very refreshing when you have persons that are experts that
come before you. I mean, you can feel the quality, you can understand and I, in no way,
want to be on a descending view from Commissioner Plummer, as it relates to being
physically responsible, but, you know, we pay for what we get and I think, in the case of
advice on communication matters, we're getting very good advice and I don't know if it's
right, but it sure sounds good.
Vice Chairman Plummer: Time will tell.
29. DEFER CONSIDERATION OF AGENDA ITEM 20A (PROPOSED''
APPOINTMENT OF HOUSING LOAN COMMITTEE MEMBERS) UNTIL NEXT
CITY COMMISSION MEETING OF JUNE 9, 1998.
Mayor Carollo: O.K. We're now on Item 20. I believe, Commissioner Teele, that 20a
was one that we were getting to some discussions. I believe you wanted to...
Commissioner Teele: Mr. Mayor...
Mayor Carollo: ...defer 20a or bring it back in a different manner.
Commissioner Teele: What I'd done is, I've met with the Manager and his staff over
the ... over the break. I think, in fairness to the public that's here, can we put this item to
the end of the meeting and maybe take up ... and while we're on that, could we pass out to
95 May 26, 1998
the Mayor and the Commission the recommended changes that I would like to propose, if
the Manager's not...
Mayor Carollo: On 20... 20a?
Commissioner Teele: On 20a.
Mayor Carollo: O.K.
Ms. Cuervo: We were ... we were going to read it into the record and I guess Items 20a
through 20i...
Mayor Carollo: Well, there's a lot of...
Ms. Cuervo: Those are all part of 20.
Commissioner Regalado: Twenty J.
Mayor Carollo: Right.
Ms. Cuervo: And 20 is the presentation on our response to the HUD audit. So...
Commissioner Teele: Mr. Mayor ... Mr. Mayor, in deference to and conserving time, it's 4
o'clock. We've advertised... this is sort of an internal matter. We could bring it back this
evening.
Mayor Carollo: That ... that will be fine. I might not be here. Most likely, I ... I won't. It's
my wife's birthday and I ... I do have a commitment. It's not like Mariano, that I got to be
here so she can see me. But the... basically, 20 through 20k is all the same. Most of it is
pretty simple. I think the only area that there was some question, that was 20a out of that
and if you might want to leave that for the next meeting... because this is not one that we
have to appoint that today, I don't feel.
Commissioner Teele: Yeah. If it's all right with you, why don't we move...
Vice Chairman Plummer: Twenty.
Commissioner Teele: Could we defer 20a?
satisfaction...
I mean, it's been worked out, I think, to the
Vice Chairman Plummer: Twenty...just a through...
Mayor Carollo: A. 20, as in apple.
Commissioner Teele: Twenty -a, as in apple.
May 26, 1998
Mayor Carollo: Yeah.
Commissioner Teele: It's a,b,c,d, all the way to h, isn't it?
Mayor Carollo: O.K. Defer 20a and deal with the rest.
Vice Chairman Plummer: No, I ... I ... I have a problem ... I have a problem with 20k.
Ms. Cuervo: Twenty-k is separate. It's not part of.. fortunately, it was inserted as part of
these items. Twenty-k should be handled separate, but 20a through 20i are part of...
Vice Chairman Plummer: And what do you want to do, defer it until the next meeting or
the afternoon, the last item of the night?
Commissioner Teele: I would like to defer 20a and i until the next meeting.
Vice Chairman Plummer: So moved.
Mayor Carollo: It's a motion. There's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 98-525
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM
20-A (PROPOSED APPOINTMENT OF HOUSING LOAN
COMMITTEE MEMBERS) UNTIL NEXT CITY COMMISSION
MEETING PRESENTLY SCHEDULED FOR JUNE 9, 1998.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
97 May 26, 1998
Commissioner Teele: Is that a problem with the lettering going out?
Ms. Cuervo: We ... we have 60 days deadline to respond to the HUD audit. Today was
the deadline. We met with local HUD officials. They verbally granted us the 30-day
extension; however, they asked us to put a letter in writing. We have put that letter in
writing. That's why this item is before you today. Local HUD officials said they wanted
the Commission to discuss this, hear it and also take our resolutions. I think we could
give them a phone call right now and see if they had any inconvenience. This was heard
on January ... June 9"'.
Mayor Carollo: Yeah, but 20a should not have any...
Ms. Cuervo: It's one of the corrective actions that were taking to address some of the
deficiencies cited in the HUD audit. I think it's something...
Mayor Carollo: I'm sorry, but I ... I cannot understand how ... how, by taking the right of an
elected body to take action over one individual making a decision that has to do anything
with what HUD's given.
Ms. Cuervo: That's why we can go ahead and ... we can go ahead and defer it.
Mayor Carollo: Absolutely. All right. We did defer that one. The others going to be
taken up at the end of the meeting. So let's move to the items that...
Commissioner Gort: Twenty-b,c and d, you going to take them up?
Mayor Carollo: Well ... these are going to be left up for the end of the meeting.
Commissioner Teele: What item you had a problem with?
Vice Chairman Plummer: Twenty-k.
Mayor Carollo: You could take it up at the end of the meeting.
Vice Chairman Plummer: That's fine.
Mayor Carollo: O.K. I think...
Vice Chairman Plummer: For the record, I had asked the Clerk to pull the record. I was
appointed by the Commission to serve on the board of Wynwood and, in the past two and
a half years, there has never been a notification of any meetings whatsoever to my office
and either they're out of business or they're in violation of not notifying all board
members. Mr. Clerk, did you do that research that I asked for?
Mr. Foeman: At the last meeting, I gave you a copy of the resolution that appointed you.
Other than that, I haven't done anything else.
98 May 26, 1998
Vice Chairman Plummer: All right.
Mr. Vilarello: Mr. Commissioner, I did, after you provided that information to me,
inquire and I was advised that they had not met since your appointment.
Vice Chairman Plummer: And that...just for the record, when was my appointment?
Nineteen...
Unidentified Speaker: Nineteen ninety-four.
Vice Chairman Plummer: Four years ago and here now we're going to be giving five and
a half million dollars ($5.2,000,000.00) to an organization that primarily who is in charge
and has not met for four years. That's why I'm asking for it to be deferred, Mr. Teele.
Commissioner Teele: I'm not ... I'm not objecting at all. I mean, I moved the deferral.
Vice Chairman Plummer: O.K.
Commissioner Teele: On Item K.
Vice Chairman Plummer: And I'd like to, you know, at least have them come in and tell
me why they're not having any meetings and why things are not being done. So we'll
just defer it until the next meeting.
Commissioner Teele: Are you on K? Mr ... Mr ... Commissioner Plummer, through the
Mayor.
Mayor Carollo: Go ahead.
Commissioner Teele: Counsel is here representing them but, again, I think, if we're
going to take it up, we ought to take it up at the end of the meeting. Since they're here ... I
mean, we'll defer it...
Mr. Paul A.Lester: Well, let me make a clarification, if I might, Mr. Commissioner.
99 May 26, 1998
Mayor Carollo: If you could give your name for the record, please, and your address.
Mr. Lester: Yes, sir, Mr. Mayor. My name is Paul A. Lester. And my address is 200
South Biscayne Boulevard, Suite 2100, Miami, Florida. I am not counsel to the
Wynwood Economic Development Corporation that the Commissioner is referring to. I
am counsel to the Dade Foreign Trade Zoning, which is the private contractor, which has
completed the job, will have the C/O in the next day, which borrowed the money from
City National Bank, which is anxious to have it repaid under the Section 108 Loan
Program and a deferral would unnecessarily hurt us, us being a private entrepreneurial
group that did what we were supposed to do. I cannot account for why or why not
Wynwood didn't give you notice or didn't meet. We have certain agreements with them
and with the City and we've met those burdens. A deferral would hurt us badly, sir.
Vice Chairman Plummer: Sir, I'm still going to ask for it to be deferred. This matter was
supposed to be, as we were told originally, when you stopped progress up there and
construction came to a halt, that this was going to be open in February. February came
and February went. I drove through the facility yesterday and I could tell you, if you get
a C/O tomorrow, you're going to be short of a miracle because it's not finished.
Mr. Lester: The only item that I understand to be incomplete and I understand this to be
an item which was only recently brought to my client's attention, are the demising walls
on the bathrooms and since it was supposed to be a temporary shell permit, we would
have had a C/O last week if the City building inspector had not brought that up, so I can't
agree with you, sir.
Vice Chairman Plummer: Well, to bring it up now and say do or die is the only reason,
sir, I'm going to ask for it to be deferred. My colleagues have the right to do what they
see fit. But we'll talk about it at the end of the meeting.
Mr. Lester: If I may respond just one quickly.
Vice Chairman Plummer: Sure.
Mr. Lester: No one is saying do or die.
Mayor Carollo: If I ... If I ... If I may, we're getting into discussion here that we already
said we're going to deal with later in the evening, so anything else is going to be said in
this item will be dealt with later on today. I appreciate it.
Commissioner Teele: Mr. Mayor, I would really, respectfully, ask that the management
get the chairman of the board and the executive director of the board, get everybody so,
so when we take this deferral up, we can deal with this appropriately with the appropriate
persons.
Ms. Cuervo: We'll contact them.
100 May 26, 1998
Vice Chairman Plummer: Thank you.
31. APPOINT COMMISSIONER PLUMMER AS CITY LIAISON TO
SEAQUAR UM JOINT COMNHTEE.
Mayor Carollo: All right. Thank you. If I may, while I'm still here.. just before we get
to the ... couple of the items. We have a lot of people here for Planning and Zoning. If we
could go to Item 26, discussion regarding Empowerment Zone.
Vice Chairman Plummer: Gwen, please tell me if Wynwood has received any economic
development money in the past four years. Just let me know.
Ms. Gwen Warren: In the past two years, the answer is...
Vice Chairman Plummer: Four years.
Ms. Warren: Four years? I'll find out how much.
Vice Chairman Plummer: Mr. Mayor, before you leave, I would like to ask a favor.
Mayor Carollo: Sure.
Vice Chairman Plummer: Mr. Mayor, the State Legislature passed a thing that said that
anything pertaining to the Seaquarium would, in fact, have to go before a joint committee
of Miami, Key Biscayne, Dade County. I think it was four entities. Mr. Mayor, that is in
my district and I would ask that I be appointed to serve on that committee as the City of
Miami Liaison. I think it has to be officially done by the Commission, if you have no
objection.
Mayor Carollo: None whatsoever, Commissioner. That is in your district.
Commissioner Teele: So moved, Mr. Mayor.
Mayor Carollo: It's a motion. There's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Thank you, sir.
101 May 26, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-526
A MOTION APPOINTING COMMISSIONER J.L. PLUMMER
AS CITY'S LIAISON TO THE SEAQUARIUM JOINT
COMMITTEE, WHICH COMPRISES REPRESENTATIVES
FROM THE CITY OF MIAMI, KEY BISCAYNE, MIAMI-
DADE COUNTY AND THE STATE LEGISLATURE.
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Commissioner Teele.
Mayor Carollo: All right. Go ahead on Item 26.
Ms. Cuervo: O.K. On Item 26, Mr. Mayor, Commissioners, the City Manager, this
morning, they distributed a revised memorandum that highlights some of the key points
as it relates to the Empowerment Zones that were announced in mid April by the Federal
Government. Fifteen new urban empowerment zones have been designated and
appropriated by the Federal Government and the empowerment zone application is due
on October 9rh. HUD (Housing and Urban Redevelopment) officials had highlighted that
they are looking favorably at applications that are submitted with the same boundaries
and the same census tracts were submitted back in 1994. And, in addition, there's going
to ... in addition to three contiguous areas that are in the previous empowerment zone
application that will be in this empowerment zone application. There is also a maximum
of three non contiguous areas that can be added. We can ... we can go over some of the ... in
the memo it highlights some of the strengths and weaknesses that occurred, that we've
102 May 26, 1998
learned from the 1994 empowerment zone application process and we can update you on
what we've done to -date and ... for this 1998 empowerment zone process. Staff has
attended workshops that HUD has conducted around the country and has been working
with Miami -Dade County in their workshop process. We have asked HUD some
questions as to whether the City can make an application on its own, separate from
Miami -Dade County and/or if Miami -Dade County needs the City's consent in order to
file its own application, seeing that the bulk of the census tracts in the 1994 application
included this city, since the City census tract. And HUD has indicated that they would
need to be joint applications or the City would have to consent to the County's use of our
census tracts to go forward.
Mayor Carollo: Gwen, would you like to add something to that?
Ms. Gwen Warren: I think the thing that I would like to add and I think it's very
important because of the amount of resources on the City of Miami, that we encourage ... I
encourage the City to participate in the County application, provided that there is an
interlocal agreement that our community is protected in that, the resources are
representative of our community in terms of the census tracts and that we have an
economic development plan that is reflective of the CDBG target communities that would
be included in that zone. I think, at this point and time, it's to our advantage to pursue a
joint application. I highly encourage it. But, in lieu of that, I do believe that the City
should put itself in a position ... if we cannot protect interest, to move forward with the
single application.
Mayor Carollo: O.K. Go ahead, Commissioner Gort.
Commissioner Gort: My understanding is, when we did this last, a lot of the
neighborhoods that were in great needs of empowerment were eliminated. Would they be
able ... be incorporated for this new application?
Ms. Warren: My understanding of the application that was submitted in '94,
approximately 74 percent, 75 percent of the designated area in the application was in the
City of Miami. Our true concern was that, although the census tract made us eligible for
the empowerment zone was in the City of Miami. The representation on the advisory
board and the distribution of the resources were not reflective of the community in the
City of Miami. So, again, if we went forward with the County, I would highly
recommend that, through some interlocal agreement, we secure our position in terms of
financial distribution of the resources and that we not just allow the census tract to the
city to allow us to receive the money but no guarantees that we would actually benefit
from those monies in the city and I think it's very important that we secure that upfront.
Commissioner Gort: Do we select the census tract by population or by territory?
Ms. Warren: By population.
103 May 26, 1998
Commissioner Gort: By population
Ms. Warren: Population.
Ms. Cuervo: Population and poverty level.
Ms. Warren: And poverty level. And, again, the reason why we're such an eligible
community is because of the City of Miami's census tracts and poverty levels. So,
therefore, we should benefit from the line share of the resources.
Vice Chairman Plummer: And I could also...
Commissioner Gort: Mr. Mayor?
Vice Chairman Plummer: I'm sorry, Mr. Gort.
Commissioner Gort: I think I'm ready to ... do you need a motion for this?
Mayor Carollo: Yeah.
Vice Chairman Plummer: I ... I would just like to comment. I think that this also affords
a great opportunity to take advantage of some of the wages, with the possibility of jobs,
with the monies becoming available. Just within the city alone, we have two million
dollars ($2,000,000.00)...
Ms. Warren: Yes.
Vice Chairman Plummer: ... for wages. There are more monies that are coming down the
pipes. There are monies that are with, through the CAMACOL (Latin Chamber of
Commerce) that have wages money. Through the consortium, which I sit in, we have a
million and a half dollars ($1.5,000,000.00) worth of wages monies. These are jobs and
jobs are, without a doubt, the key answer to me in revitalization, especially where poverty
is prevailing.
Ms. Warren: I guess, sir, the only thing I could encourage us to do is not to miss this
opportunity. And I strongly encourage that we contact the County, voice our concerns
and try to ensure that there's an agreement that's going to be reflective of the City's
poverty level. For us to stand silent on it, I think is a missed opportunity on our part and,
so those would be my comments.
Mayor Carollo: Commissioner Teele?
Commissioner Teele: Thank you, Mr. Mayor. I asked that this item be put on the agenda
because I agree with the Manager that it's an important item. I think it's ... it's very
important that the County and the City or the City and the County work together. I think,
104 May 26, 1998
clearly, if the two entities do not work together, neither entity will receive the award.
Having said that, I ... I think I agree with what the director just said. It's just as important
that the City of Miami not be taken advantage of by this process. Now, I can tell you
from experience that Overtown, in particular, which is the key census tract, because
there's more poverty there than anywhere else in Miami, upwards of 40 percent. You
can't put an application together without Overtown and without, probably, East Little
Havana. Going to virtually impossible. But, if, in fact, you're going to put a bunch of
agriculture area in this application and maybe say even the Homestead Air Force Base
and, then, use these poor people to get the award and then suck the money off ..I mean,
that's the kind of thing that has been going on in this town for the last 40 years. And I,
for one, would rather see no money come if we're going to, again, abuse people and play
with them and say we're going to do these things for you and then, at the end of the day,
the money goes somewhere else. There's an old saying in ... in the black community and I
won't make an unkind reference to Mayor Ferre, but, you know, at the time there was a
plan, they said to clean up the Biscayne Bay, a plan to bring ... to keep the Dolphins here, a
plan to build Bayside and it was time to have a plan for poverty in the inner city and
that's what happened to the Metro Miami Action plan. That was the Genesis of the
Metro Miami Action Plan. They had a plan for the manatees but no plan for people. The
fact of the matter is that this empowerment zone application must be a joint application,
in my judgment. But I, for one, representing a part of the community that would have to
bid, would rather see no application go forward than to see people again be used by using
their poverty and using their numbers and, then, winding up with the money going for
some connected developers or builders or whatever. And, again, you know, dealing with
that, I think it's important, Mr. Mayor, the County take a deep breath, they stop, and go
back and restructure everything that they're doing to make the City and the County a
relative equal partner and I, for one, will not support an interlocal agreement unless there
are absolute financial safeguards and percentages in terms of the funds that come down
and those funds being used are spent in target areas. It doesn't have to be money that
comes to the City, as far as I'm concerned. I think the money can stay at the County. But
I think in ... in the area where money is going to be spent in the city, there must be an
interlocal agreement that says they cannot spend those funds unless the City Commission
gives its approval because we're the city government and ... and, secondly, that we're ... that
funds that are designated for an area are not going to be shifted into another area because
we don't like the kind of activity. This is a very serious process and I think the worst
thing that we can do now with an empowerment zone application is to say that we're
going to try to help people, only to fool them again. And, so, I support very strongly the
Director's views, the Manager's views. I would encourage the Mayor to talk to the
Mayor of the County. I would pay particular note that Cynthia Curry has been designated
by the County. I'm not sure how that stacks up with all of the other responsibilities and
obligations. I know she's taken a leave of absence from her job at FIU (Florida
International University). But I think there are some very serious issues here and
somebody is going to have to protect the City of Miami and the residents of the city. It is
important that we go forward together, but we go forward as partners, not as something
that ... that would hurt the citizens of this community. So, Mr. Mayor, I hope that you will
meet with Mr. Penelas... Mayor Penelas. I hope the Manager will meet with Mayor
105 May 26, 1998
Stirheim and maybe also with Miss Curry, who, I think, is very knowledgeable in these
matters, but I think it's very important that Mr. Merrett Stierheim and Miss Curry
understand that there's a real potential for conflict here if the City is not treated fairly.
Mayor Carollo: Well, the ... the basic concern that ... that I ... I think Commissioner Teele
has, that I sense is out there, is the following: We're looking at a hundred million dollars
($100,000,000.00) of social service Block Grants that's spread out over 10 years. It's ten
million a year. Is that correct, Gwen?
Ms. Warren: Yes. Yes, sir.
Mayor Carollo: Along with some new tax incentives and some enhancement of some
existing ones. When you start taking away monies from ten million ... and I think it used
to be doubled, is that correct? Twenty before. So now it's down to half from what it was
the last time that we applied. You start syphoning out off monies to send to another part
of the County that is nowhere near as depressed and in need as the areas that we have in
the inner city, and that might have only a handful of people and are being used to be
placed in the application because of far population. That, in the last tract, had 74 percent
of the population. Then, what's going to happen is that, it's not going to have any kind of
an impact. Even ten million dollars ($10,000,000.00) frankly, compared to what was
given in the past, twenty million, is half the pie right now. Even with ten million a year,
frankly you're not going to see the kind of impact made that twenty million dollars
($20,000,000.00) could have made or that kind of impact that we need, but at least you'll
see something. But if we start syphoning out from that ten million sizable chunks, then,
you know, it's... going to be making promises again that are not going to be kept and
giving false hope again. So I, I, I think we all have a responsibility in working together
and I think that the Administration has the utmost duty to put the best people that we
have in this city before we start looking for people outside of the city to bring in, so that
whatever steps are taken in meeting and having discussions with the County, we have our
best people there.
Ms. Cuervo: Mr. Mayor, I believe the Manager has asked the Director of Community
Development, together with the staff of Community Development, staff from our
Planning Department, Bob Schwartz, in particular, and the staff from the CRA to
participate. And I know that all three members of these staffs have been attending the
different workshops, have been part of this whole process. And I know the Manager
places high importance on this whole application process and the expediency which we
need to apply.
Mayor Carollo: O.K.
Commissioner Regalado: Mr. Mayor, does Miss Curry has taken a leave of the
Oversight Board, you said or somebody said, or from FIU?
Vice Chairman Plummer: She was hired by Dade County. I saw that in the paper.
106 May 26, 1998
Commissioner Regalado: So she's taking leave from FIU?
Mayor Carollo: No, she...
Commissioner Gort: It's pro bono.
Mayor Carollo: It's pro bono. It's pro bono.
Vice Chairman Plummer: It's pro bono? Oh, O.K. Well, she joined the County. Back
with the County.
Commissioner Gort: She's on loan.
Commissioner Regalado: Now, my ... my question to ... to the staff is, can we participate
through Miss Curry because she is a member of the Oversight Board who has been
working also pro bono and very diligently for the City of Miami?
Ms. Cuervo: I don't know if that's more of a legal question. If there's ... are you asking if
there's a conflict?
Commissioner Regalado: Yeah.
Mr. Vilarello: I can ... I can certainly look into it and report back to the Commission. She
cer... her service on the Oversight Board seems to be independent of...of this; however, I'd
be more than happy to look into it.
Mayor Carollo: It would seem to me it is but, beyond that, I think, if there's one bright
side in there for us is that having someone...
Commissioner Gort: She knows our needs.
Mayor Carollo: ...that the County picked is Cynthia Curry. She's going to be very
sensitive to our needs in the city and our communities, in particular, so that's a plus for
us. Nevertheless, the final decision is not going to depend on her. She could only try her
best.
Commissioner Gort: Move it.
Commissioner Teele: Is there a motion?
Commissioner Gort: I moved it.
Mayor Carollo: Commissioner Gort moved it.
107 May 26, 1998
Commissioner Teele: Moved what?
Commissioner Gort: To approve ... to recommend to staff to continue the negotiations
with Dade County. That's my understanding.
Commissioner Teele: I would second the motion, but further add that the Manager
designate a full compliment of a working group of staff task force to be in working with
the County and to be prepared to take whatever steps are necessary to protect the City's
position.
Commissioner Gort: And we should be kept informed and abreast of all negotiations
taking place.
Ms. Cuervo: And I believe the Manager will designate somebody to be Cynthia Curry's
counterpart from the City and I believe he's working with the Director of Community
Development to identify that person.
Commissioner Gort: Very good.
Ms. Cuervo: Sir?
Commissioner Teele: Yeah. Let me just say this. I, I, I really do think ... and I don't
mean to be sensitive, but this government.... governmental structure that we're working
through can cause a lot of misunderstandings and miscommunications. And ... and I don't
see the County as being necessarily being superior to us, although they are a senior
government. But if Miss Curry was appointed by Mayor Penelas, then, I think the
counterpart to Miss Curry, if there is going to be one, should be designated by the Mayor
and I think the Manager should control the working group and put all of this forward.
And I ... I say that because I really do think it's important that we try to get all of our ... get
everybody going in the same direction. I don't think this is going to work for the City if
the Mayor of the city is not involved and if the management isn't engaged.
Ms. Cuervo: Most definitely.
Mayor Carollo: Commissioner, I appreciate that. But, as you all well know, I'm very
sensitive in making sure that I'm nowhere near in getting close to that gray area in the
Charter. I could certainly name someone that's not a City employee but it ... it's a little
more difficult for me to name a City employee, as you well pointed out in your...
Commissioner Gort: Like it to be part of the motion?
Mayor Carollo: ...very respectful way. But...
Ms. Cuervo: And the Manager would welcome your ... your recommendation in
nomination of...
108 May 26, 1998
Commissioner Gort: Make that part of the motion?
Ms. Cuervo: ... a person to lead the effort.
Mayor Carollo: Excuse me. I ... I didn't hear that.
Ms. Warren: Sir?
Mayor Carollo: Yes, Gwen.
Commissioner Gort: You are going, you going to amend the motion?
Mayor Carollo: Gwendolyn, go ahead.
Ms. Warren: I would also ask a staff that not only we engage the County in conversation.
It's been discussed. But that the Commission direct us to prepare a budget and a plan for
possible implementation by the City. The only reason why I would even suggest it at this
time is that the time frame is very short. The application is due October 91h. If, for some
reason, we were to attempt to do this on our own, we would need to secure a consultant
and move forward with the process. So, this doesn't preclude our communication with
the County, but it does put us in a better position to start up the communication does not
go forward. And that's the only thing that I would offer, additionally.
Commissioner Hernandez: Is that included as an amendment?
Commissioner Gort: It's included in the motion.
Mayor Carollo: Any further discussion?
Commissioner Teele: Call the question, Mr. Mayor.
Mayor Carollo: O.K. All in favor, signify by saying "aye." It passes unanimously.
The Commission (Collectively): Aye.
109 May 26, 1998
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-527
A MOTION DIRECTING THE CITY MANAGER TO
CONTINUE NEGOTIATIONS WITH MIAMI-DADE COUNTY
(INCLUDING MEETING WITH CYNTHIA CURRY, WHO IS
CURRENTLY SERVING IN THE CAPACITY OF MIAMI-
DADE COORDINATOR FOR THE EMPOWERMENT ZONE
PROJECT) IN CONNECTION WITH FILING A JOINT
APPLICATION FOR EMPOWERMENT ZONES; FURTHER
DIRECTING THE MANAGER TO DESIGNATE A STAFF
TASK FORCE TO WORK WITH THE COUNTY; AND TO BE
PREPARED TO TAKE WHATEVER STEPS ARE NECESSARY
TO PROTECT THE CITY'S POSITION IN CONNECTION
WITH SUBMITTAL OF THE AFOREMENTIONED
APPLICATION; FURTHER DIRECTING THE MANAGER TO
KEEP THE COMMISSION INFORMED OF ALL
NEGOTIATIONS TAKING PLACE; FURTHER DIRECTING
THE MANAGER TO PREPARE A BUDGET AND PLAN FOR
IMPLEMENTATION BY THE CITY.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
33. DISCUSS DONATING CITY -OWNED ALLEY LOCATED AT 5220-5300'WEST
FLAGLER STREET TO BUSINESSES LOCATED IN VICINITY — DIRECT CITY
MANAGER TO EXPLORE WAYS FOR OWNERS TO MAINTAIN 'CITY -
OWNED ALLEY IN ORDER TO IMPROVE AND BEAUTIFY AREA.
Mayor Carollo: Commissioner Plummer, I'm going to have to step out now and meet
with some of the Union representatives that have been waiting for me and I apologize to
them. If they could go upstairs and I'll be meeting with them individually. So I ... I will
110 May 26, 1998
leave you with the remaining items. I think that we were just waiting to go to ... start up in
the Planning and Zoning Agenda, since there are quite a few people for the item there.
Vice Chairman Plummer: All right. Mr. Mayor, we have just a few items, I think, here
that have to be done and we'll get them, get them over with in a hurry.
Mayor Carollo: Very good.
Vice Chairman Plummer: Item 27, Mr. Regalado, is yours. Was that handled yet?
Commissioner Regalado: It's ... it's a very easy one. What you read is not the right
purpose, but basically what I wanted to propose to the Commission is to direct the
Administration to explore ways to give the possibility of the owner of this businesses the
right to maintain a property and report back to the City Commission in 30 days. And
what we're trying to do here is ... this alley has been a problem in terms of illegal
dumping. The merchants in that block want to maintain the alley and take care of it but
they need a series of permits from...
Vice Chairman Plummer: Public Works will look into it and report back. Thank you.
34. APPOINT WALDEMAR LEE TO CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST.
Vice Chairman Plummer: Item 28. Commission At Large appointment.
Commissioner Regalado: We will ... excuse me, J.L. Mr. Manager and Mr. Kay, can we
have that options in the next meeting, June 9`h, instead of 30 days? Because it's very
easy.
Mr. Garcia -Pedrosa: We can do it June 91h, yes. We can do that.
Vice Chairman Plummer: Sure. O.K. Item 28, I think they want to proffer the name of
Waldo Lee, Wally Lee. Charlie, Wally Lee. Also moved. Is there a second?
Commissioner Hernandez: Second.
Vice Chairman Plummer: Any opposition? Show unanimous ballot.
The Commission (Collectively): Aye.
ill May 26, 1998
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 98-528
A RESOLUTION APPOINTING AN INDIVIDUAL AS A
MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Is there anything left from this morning's agenda?
Ms. Cuervo: Twenty-K.
Vice Chairman Plummer: I'm sorry?
Ms. Cuervo: Twenty-K.
Vice Chairman Plummer: That goes to the end of the agenda ... end of the evening.
Commissioner Regalado: Twenty-three. Twenty-three. J.L., 23.
112 May 26, 1998
35. ACCEPT RECOMMENDATION OF SELECTION COMMITTEE TO PROVIDE
PLANNING AND DESIGN SERVICES FOR ' RIVERSIDE RIVERFRONT
REDEVELOPMENT PROJECT — 'DISCUSS CARNEY NEW HOUSE PROTEST
RELATED TO SAME ISSUE.
Vice Chairman Plummer: Item 23. Item 23 is the item of providing Planning and Design
services accepting the recommendation of the City Manager. Is there a motion?
Commissioner Hernandez: What item is that?
Vice Chairman Plummer: Item 23. Is there a motion for the second time?
Commissioner Hernandez: I make a motion.
Vice Chairman Plummer: There is a motion made by Commissioner Hernandez. Is there
a second? Is there a second for the second time?
Commissioner Teele: Let me ... Mr. Chairman, I second. But I thought we had agreed...
Vice Chairman Plummer: Teele second.
Commissioner Teele: ...we were going to do the zoning issue ... agenda and come back to
these items.
Vice Chairman Plummer: Is that what you wish to do?
Commissioner Teele: Well...
Vice Chairman Plummer: I ... I thought it was only one or two items that we'd clean out...
Commissioner Teele: But we have all the ... we have all of the pocket items, et cetera, et
cetera, et cetera.
Vice Chairman Plummer: That's at the end of the meeting.
Commissioner Teele: Second the meet ... second the motion.
Vice Chairman Plummer: All right. Is there any discussion on Item 23? It is a
resolution. Is it understood? Do you wish to speak to the issue?
Ms. Eleanor Carney: Yes, sir.
Vice Chairman Plummer: All right. Your name and mailing address, please.
113 May 26, 1998
Ms. Carney: My name is Eleanor Carney. I'm president of Carney Newhouse. We're a
engineering and surveying firm, with three offices in the tri-county area. I'm here today
to raise objections to this nomination. We were involved and we were ranked second in
the selection process for these services.
Mr. Vilarello: Mr. Chair? This item was ... it came before administratively on a matter of
protest and a protest was rejected. It went to court and, in fact, an injunction was denied,
so this item, I believe, is ... the speaker's out of order, I believe.
Vice Chairman Plummer: So tell me ... I'm sorry, I walked away. Are you telling me it's
not properly before us?
Mr. Vilarello: A protest was... was... was filed. We threw out the protest. They went to
court. The court refused to impose an injunction. Yes, this speaker's out ... I'm sorry.
Vice Chairman Plummer: I ... I don't need to hear all of that. Is it legally before us or it is
not?
Mr. Vilarello: Item 23 is legally before you. The speaker is not.
Vice Chairman Plummer: O.K. The speaker is not. O.K. Did you hear what the City
Attorney had to say?
Ms. Carney: Yes, I did. I did.
Vice Chairman Plummer: O.K. So, then, you understand that if we don't agree with him
and we do it on our own, we're subject to being sued independently? I don't think
anybody up here is going to disagree with him at this particular point. Now, the best that
you could hope for is if some Commissioner were to make a motion that the matter be
deferred so someone else could speak in your behalf or somebody else would be
speaking. No. That's not the case. I'm sorry, I stand corrected again. So are you say ... I
don't understand. She, as an applicant, went to court so she is forbidden to come before
us?
Mr. Vilarello: This Commission...
Vice Chairman Plummer: Or some...
Mr. Vilarello: This Commission can hear anybody that it wishes to hear, come before
you. The issue was ... this was a protest that was brought. The City re ... denied the protest.
They went to court. They've exhausted their remedies and now the proper item before
you is Item 23. If you wish to listen to this speaker, you may; however, I would
recommend that you don't. The protest has been heard and been determined.
114 May 26, 1998
Vice Chairman Plummer: Well, I mean, if we can't do anything about it, why hear it?
Mr. Vilarello: Exactly. The reason why I first mentioned that ... that this individual's out
of order. However, if...if you wish to hear them...
Vice Chairman Plummer: Ma'am, under the circumstances, you've heard the City
Attorney. I would afford you two minutes, if you wish
Ms. Carney: Thank you.
Vice Chairman Plummer: That's up to you. Understanding fully what he has said, our
position has to be.
Ms. Carney: Thank you, Commissioners. I do understand your position. I would like to
make note, I think our protest was timely. I haven't been involved with any other
situation like this, where the City is saying the protest should have been filed in the
middle of the selection process. I don't ... don't agree with the decision that it was not
timely, but be that as it may, our main objections to the selection is that this
candidate ... the number one candidate was not treated the same in the past as other
candidates. They did not submit required documentation and that alone was a basis for
disqualification in the past. So, for some reason, the rules have changed on this selection
and that's our major objection, is that we don't believe it was a fair playing field and also
the selection committee did not include any registered professionals, which, in the past, it
did. So those are the major points that we wanted to make today and I could go through
and itemize exactly what the points are but they've been raised in the protest and, like
you said, that is not ... that was not ruled in our favor. But, anyway, that ... those are the
points that I wanted to make. Thank you very much.
Vice Chairman Plummer: Thank you, ma'am. Did you wish to speak on the issue, sir?
Mr. Michael Carney: Sir, if I may?
Vice Chairman Plummer: For the record, your name and mailing address.
Mr. Carney: Thank you, sir. My name is Michael Carney. My address is 1010 Northeast
117`h Street, in Miami. Sir, I was the attorney that handled the ... the injunction attempt on
behalf of Carney New House. The protest ... I'd just like to respond to the City
Attorney's...
Vice Chairman Plummer: Well, he's not here as a lobbyist.
Mr. Carney: No, sir. I'd just like to respond to a remark that the City Attorney made,
that the ... that we have exhausted our administrative remedies and that we are now here
for the second time for the same issue. Sir, what we did is, we protested the City's
position that our protest was untimely. The City did not hear the merits of our protest at
115 May 26, 1998
any time, so their position that we have exhausted our remedies, I think, is incorrect. Our
position was set forth very clearly our attempt to gain an injunction. The reason that the
injunction was denied was that the court determined that our ... my client had another
opportunity to get this work and that opportunity is still available to us.
Vice Chairman Plummer: All right, sir. You understand the remedies that you would
have to go back to court to get this thing back before this City Commission, if, in fact,
you prevail?
Mr. Carney: Yes, sir.
Vice Chairman Plummer: O.K.
Mr. Carney: Let me just make one point.
Vice Chairman Plummer: Sure.
Mr. Carney: I think ... I think that what we're doing today is we're putting the cart before
the horse. The ... some members of the first ranked team have affirmatively stepped
forward and indicated that they are serving on a city board, which is the Urban
Redevelopment Board. This preemptively disqualifies this team from engaging in this
contract. Now, before we go forward and determine whether we're going to negotiate,
whether the City's going to negotiate with this team, I think it is incumbent to determine
whether they're going to, by a 4/5ths vote, be allowed to participate at all, and I do not
think this is the case where the ... the City ... I'm sorry, the first ranked team can simply put
a Chinese wall around these individuals and say they aren't going to be participating. I
think this is like pick up sticks.
Vice Chairman Plummer: All right.
Mr. Carney: If you remove these individuals, you got to remove this team...
Vice Chairman Plummer: O.K.
Mr. Carney: ...and disqualify them.
Vice Chairman Plummer: Mr. City Attorney, you heard the question raised?
Mr. Vilarello: Yes. However, as I indicated before, this should not be a form for them to
continue their protest and make the record.
Vice Chairman Plummer: Thank you, sir. All right. Is there any of my colleagues that
wish to have anything else taken up from the morning issue? If not, I'm going to adjourn
with the exception of the 20b through k.
116 May 26, 1998
Commissioner Regalado: You need to take a vote on this one. You need to take a vote
on this one.
Vice Chairman Plummer: Oh, I'm sorry. We didn't vote on this item. It's a reso...
Mr. Manuel Gonzalez-Goenaga: I'm not finished yet, Mr. Plummer.
Vice Chairman Plummer: All right. Mr. Goenaga.
Mr. Goenaga: Yes. I'm glad you recog... finally recognized me today, Mr. Plummer.
This thing ... I have to be very simple and clear and to the point.
Vice Chairman Plummer: Thank God.
Mr. Goenaga: These issues get ... could you, sir and could you, sir every time and looking
at the faces of my Commissioners, I wonder, do you guys know what this is about ... is all
about? I don't. Please explain. Thank you.
Vice Chairman Plummer: Come after school and we'll do your homework. Call ... all
those in favor, say "aye." Any opposition? Show...
Commissioner Regalado: Yes.
Vice Chairman Plummer: I'm sorry. Miss...
Commissioner Regalado: I'm in the negative.
Vice Chairman Plummer: All right.
Commissioner Regalado: Because I think that it may be legal but we work here in a
transparent way and what I heard is not what I think that the public would agree, so my
vote is in the negative.
Vice Chairman Plummer: All right. Mr. Teele?
Commissioner Teele: Mr. Mayor ... Mr. Chairman, my vote is in the negative. I ... I ... I
feel that the City Staff should have clarified these things. I ... I think just to rely...
Commissioner Gort: You want to defer? Defer the item.
Commissioner Teele: No. It passes...
Commissioner Regalado: No, no, no. Just go ahead and vote.
Commissioner Teele: It's three to two, but... but... but I just think we ought to clarify
these things. These things are being broadcast. People hear something stated...
117 May 26, 1998
Commissioner Gort: Look, if you guys go to the negative, I'll go to the negative too.
It's no problem.
Commissioner Regalado: O.K.
Vice Chairman Plummer: Up jump the devil.
Commissioner Regalado: You got three votes.
Vice Chairman Plummer: All right. Woe, woe. Call the roll. Let's get it on the roll. I
didn't think it was necessary. Call the roll, Mr. Clerk.
Commissioner Teele: Before you call the roll, does the...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Would you afford the Manager to opportunity to clarify anything
that they would like...
Vice Chairman Plummer: I'll afford anything that you wish, sir.
Ms. Cuervo: I have Diane Johnson, our Development Coordinator.
Vice Chairman Plummer: Wait, wait, wait a minute. Wait a minute. Mr. City Attorney,
straighten me out procedurally. Procedurally, the motion was made to approve. It was
seconded. We did not call the roll. Now there are three that have indicated that they're
not in favor. Can we now go back and listen to the others, since the vote had not been
taken?
Mr. Vilarello: Listen... listen to what, the...
Vice Chairman Plummer: The City Manager or any of the staff.
Mr. Vilarello: Well, my ... my concern would be ... if the ... if you're requesting that the
Manager talk to you about the Item 23...
Vice Chairman Plummer: That's correct.
Mr. Vilarello: Then, that would be inappropriate ... appropriate for you to listen to the
item 23. I ... I don't wish to have the Manager respond to the protest.
Vice Chairman Plummer: O.K.
118 May 26, 1998
Mr. Vilarello: Because that would be inappropriate.
Vice Chairman Plummer: All right. I would ask the maker of the motion to withdraw it
at this time.
Commissioner Hernandez: Do you understand that by June 30"', if we don't expend these
monies, we lose them?
Vice Chairman Plummer: But I think that we...
Commissioner Gort: My understanding is, the City staff was going to hire some
individuals to do the work before June 30' on their own. It's my understanding that was
going to be done. That's what you told us the last time.
Vice Chairman Plummer: All right. Whoa, whoa.
Commissioner Hernandez: That was a possibility.
Vice Chairman Plummer: Excuse me. Let's get procedurally right, first. Mr. Hernandez,
I would ask you to withdraw your motion at this time. You can remake it later, so that
we....
Commissioner Hernandez: Yes, I will do that.
Vice Chairman Plummer: OK. Now, the floor is open. Now, let's discuss item 23. Mr.
Teele has requested that the Manager make their presentation, and we'll listen to that.
Ms. Cuervo: I am going to ask, Diane Johnson, our Development Coordinator...
Vice Chairman Plummer: OK.
Ms. Cuervo: ... that handled this whole process to go through this item...
Vice Chairman Plummer: All right.
Ms. Cuervo: ... and talk about the urgency of expenditures.
Vice Chairman Plummer: That's fine. I hope you can do it in less than two minutes.
Ms. Diane Johnson (Development Coordinator/Community Planning Department): I will
do my darkest.
Commissioner Regalado: Excuse me.
Ms. Johnson Yes, sir.
119 May 26, 1998
Commissioner Regalado: Before you... Before you go, Diane. Are we going to have
same thing like Florida Power & Light that if we don't do it, we lose it?
Commissioner Hernandez: We lose money for sure. Fifty thousand bucks. Right?
Commissioner Regalado: OK.
Vice Chairman Plummer: Use it or lose it.
Ms. Johnson: The fact of the matter is indeed. We do have a number of grant funds that
are involved in this project, each of them having a time deadline. We do estimate the
total time required to complete this project to be 36 months. At this point in time, one of
the funds that we are receiving from the Safe Neighborhood Park Bond Program which
was one million dollars ($1,000,000) must be spent within 30 months. So every delay at
the beginning is going to impede our capability of successfully completing this process.
And, yes, in the final analysis, we may lose funds. As to the fifty thousand dollars
($50,000) of funding that must be spent by June V", we are making an effort and we
have consultants who have agreed to do that small portion of the work so that we do not
lose that fifty thousand dollars ($50,000). But in the overall analysis, we need more time
to complete this project than we currently have before us. And we will ultimately lose
funds.
Vice Chairman Plummer: Any other questions of staff?
Commissioner Teele: Was an engineer...? Was a qualified engineer among the panel of
selected...?
Ms. Johnson: Yes, there was. It was John Jackson of the Public Works Department who
is a professional and licensed engineer.
Commissioner Teele: So the statements put on the record were incorrect on that point?
Ms. Johnson: That is... That is... The statements were incorrect. There was also
Arleen Weintraub who is a landscape architect, and Jose Casanova who is a registered
and licensed architect.
Vice Chairman Plummer: Are there any other questions of staff?
Ms Carney: Just one point of clarification.
Vice Chairman Plummer: Hearing none. No ma'am.
Ms. Carney OK.
120 May 26, 1998
Vice Chairman Plummer: Hearing none, the floor is open for a motion. Is there a
motion?
Commissioner Hernandez: I make the motion one more time to approve the selection
committee.
Vice Chairman Plummer: Motion is made by Commissioner Hernandez. Is there a
second? Is there a second? For the third and final time is there a second? Hearing none.
The issue is a dead item.
Commissioner Teele: Well, well, hold it, Mr. Mayor... Mr. Chairman.
Vice Chairman Plummer: Hello. Mr. Teele.
Commissioner Teele: Are we saying that these are funds, these are state funds that
can't... that must be expended by January 30`''?
Commissioner Hernandez: June 30'h.
Ms. Johnson: June V". And they are state funds, and we have... We have executed a
work order to have the work done by a consultant so that we will attempt to save this fifty
thousand dollars ($50,000). We have made that commitment. You know, we may lose a
portion of it, but we are going to make every effort to spend as much of that fifty
thousand as we possibly can between now and June 30'. The more pressing issue is the
fact that this is a greater than 36-month project, and on some of the funding deadlines we
stand to lose up to a million dollars ($1,000,000)...
Vice Chairman Plummer: I don't need all this...
Ms. Johnson: ... if we don't complete it within the time allowed.
Vice Chairman Plummer: Answer the question. Answer the question. If we don't use it,
we are going to lose it?
Commissioner Hernandez: I think we have got a second.
Vice Chairman Plummer: The answer was, yes.
Ms. Johnson: That's correct.
Commissioner Teele: Well, I mean, obviously, I am obliged to second this thing. But I
don't like the position we are in now.
Ms. Cuervo: It's fifty thousand dollars ($50,000) of the full grant funds. So we are
talking about fifty thousand.
121 May 26, 1998
Vice Chairman Plummer: All right, there is a motion, and seconded. Am I correct?
Commissioner Teele: That's correct.
Vice Chairman Plummer: Now, I will ask you to call the roll, even though it's a
resolution. Mr. Clerk.
Mr. Foeman: Roll call, Commissioner Hernandez?
Commissioner Hernandez: Yes.
Mr. Foeman: Commissioner Teele?
Commissioner Teele: Yes.
Mr. Foeman: Commissioner Regalado?
Commissioner Regalado: No.
Mr. Foeman: Commissioner Plummer?
Vice Chairman Plummer: I was wondering if my good friend Teele had the flu or a cold
or... I vote, yes.
Mr. Foeman: Commissioner Gort.
Commissioner Gort: I vote, yes on that one. It's got the majority, anyway.
The following resolution was introduced by Commissioner Hernandez , who moved its
adoption:
122 May 26, 1998
RESOLUTION NO. 98-529
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER TO APPROVE THE FINDINGS OF THE
SELECTION COMMITTEE AS TO THE MOST QUALIFIED TEAMS,
IN RANK ORDER, TO PROVIDE PLANNING AND DESIGN
SERVICES IN THE FIELDS OF ENGINEERING AND LANDSCAPE
ARCHITECTURE FOR THE RIVERSIDE RIVERFRONT
REDEVELOPMENT PROJECT; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE WITH THE MOST QUALIFIED
TEAMS, IN RANK ORDER, UNTIL HE ARRIVES AT AN
AGREEMENT WHICH IS FAIR, COMPETITIVE AND
REASONABLE; FURTHER DIRECTING THE CITY MANAGER TO
PRESENT THE NEGOTIATED AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY
COMMISSION FOR FINAL APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of the
City Clerk.)
Upon being seconded by Commissioner Teele, resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
ABSENT: Mayor Joe Carollo
36. COMMISSIONER REGALADO REQUESTS REPORT REGARDING TOWER'
THEATER.
Vice Chairman Plummer: Thank you. Is there any other item of the morning agenda,
excluding the 20 items which we will take up at the end of the day?
Commissioner Regalado: Yes, very briefly, Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Regalado.
123 May 26, 1998
Commissioner Regalado: I requested from the administration a report on the Tower
Theater. I have not received that. At the end of the meeting, I will call to stop funding
for the Tower Theater if we don't have any report. You can give it to us later on. If you
can ... Jim.
37. DISCUSS TABLE TO LATER. IN SESSION CONSIDERATION OF AGENDA
ITEM 21 (APPROVE RESTRUCTURING CITY'S MULTI -FAMILY
REHABILITATION LOAN FOR COMPLEX LOCATED AT 5554 N.W. MIAMI
COURT, IN, LITTLE HAITI TARGET AREA).
Vice Chairman Plummer: I will now adjourn the morning agenda. I'm sorry. What is
21?
Ms. Cuervo: Item 21 is a resolution approving a restructuring plan of the various
apartments and this was approved the Housing Loan Committee and it is now on a
restructuring. It's not here for Commissioner approval and that it will be forwarded to the
Oversight Board for their approval.
Commissioner Teele: Can't we take this after the Zoning agenda?
Ms. Cuervo: Sure.
Vice Chairman Plummer: Yes, sir, we can.
Commissioner Teele: You know, we advertise this thing for 2 o'clock..
Vice Chairman Plummer: I asked if there was anything pressing. All right. We adjourn
the morning agenda. We now will open the agenda for Planning and Zoning. My first
question is, are there any applicants who wish to have a deferral? Any applicants wishing
a deferral? All right. So there's no deferral requests. Second of all, I would ask, since
the item that is number one, the Miami Youth Museum, that we try to do it in an orderly
fashion. I would like to have, if I may, three or four speakers speaking for the museum
and three or four speakers, if there are, in opposition. So what I would ask, if you would
get together with your people. I will afford the opportunity of 15 minutes for each side, if
necessary, but no longer than 15 minutes for their presentations. We will start with the
Department and give their recommendation. Mr. Department.
Mr. Elbert Waters: Good afternoon. Mr. Mayor, Members of the Commission. PZ-1,
this is a consideration for Miami Children's proposal for consistency with our stationary
124 May 26, 1998
design and development plan at this time. Metrorail Planning Department recommends
approval with conditions. The Planning Advisory Board recommended denial to the City
Commission with a vote of five to zero. Francisco Garcia, from the Planning and
Development Department will present the planning and analysis of this proposal.
Vice Chairman Plummer: All right, sir.
Mr. Francisco Garcia: Good afternoon, Mr. Chairman and Members of the City
Commission. For the record, Francisco Garcia, with the Department of Planning and
Development. I anticipate the issue will be longly debated, so I'll be very brief on my
remarks. The Department's recommendation is for approval with conditions. We are in
agreement that, in principle, the proposal is a sound one. That program wise, there is a
good argument to be made on behalf of a Children's Museum on that site. We have two
significant concerns that have not been addressed to our satisfaction thus far and that we
ask that the Applicant address sufficiently. Two concerns are: We feel that the proposal,
as presented and as before you today, is too intense, too large, too ... too high in density
and we would request that it be significantly lowered. And the other condition that we
have is that a thorough analysis be undertaken by the Applicant of the possible traffic
impact that the implementation will have on the area. Again, in principle, we are
agreement with the proposal but we ask that this Commission refer the item ... the specific
proposal back to our department so we may review these two issues further. That's all I
have that we have presentation on. I'll answer any question you may have.
Vice Chairman Plummer: Let me understand. Are you saying that we defer it back to
you?
Mr. Garcia: No, sir. We ... we are arguing that perhaps it merits ... if it is a Commissioner's
wish to do so, it merits approval in principle, subject to two conditions that need to be
addressed. The scale...
Vice Chairman Plummer: I heard that. Now, are either one of those propositions ... were
they discussed before the Planning Board or the Zoning Board?
Mr. Garcia: Yes, sir.
Vice Chairman Plummer: And were either one of those propositions the reason for the
denial?
Mr. Garcia: Yes, sir. In fact, what we are doing in our recommendation is echoing the
concerns of the Planning Advisory Board in their denial. Those were the two major
concerns.
Vice Chairman Plummer: OK. All right. Now, the applicant is the museum. Miss
Dougherty, are you representing the museum?
125 May 26, 1998
Ms. Lucia Dougherty: I am.
Vice Chairman Plummer: Do you have three speakers lined up that are going to speak in
favor of the museum?
Ms. Dougherty: I think we can keep it under 15 minutes.
Vice Chairman Plummer: OK. No, you will keep it under 15 minutes.
Ms. Dougherty: Yes, sir, we'll keep it under 15 minutes.
Vice Chairman Plummer: Your name and add ... and your mailing address and are you a
registered lobbyist?
Ms. Dougherty: I am not a registered lobbyist in this matter because I'm not being
compensated. My name is Lucia Dougherty and my office are 1221 Brickell Avenue here
in Miami, Florida.
Vice Chairman Plummer: Proceed.
Ms. Dougherty: I swear to tell the whole truth and nothing but the truth.
Vice Chairman Plummer: Yeah. Any ... excuse me. Anybody that wishes to testify or
will testify in this matter, please stand up and be sworn in, please. No, there's not going
to be that many speakers, I don't believe. I sure hope not. But go ahead and raise your
hand. Just because you're sworn in, doesn't mean you have to speak. All right. Start the
clock with 15 minutes, please. Go ahead, Miss Dougherty.
Ms. Dougherty: Good afternoon, Mr. Chairman, Members of the Board. Here today
representing the Miami Children's Museum with me is Barbara Zelman and Denise
Glatzer, who are the founders of the museum. Debbie Speigleman, as well as, Rafael
Perriera, who is consultant for the museum. Adolfo Henriquez, who is the capital
campaign chairman. San Terelli, the president of the Board of Directors. Rhoda Levitt,
who is here on the Florida Art's Council. Laurinda Spear, with Architectonica, as well as
Richard Pearlman, and Brian Mirson, who is with CarrSmith.
Vice Chairman Plummer: Hold it. I requested everybody standing in the doorway ... we
don't charge for seats. Please make the policeman's job easier by coming in taking a
seat. Second of all, any private meetings, I would ask that they go outside. Other than
that, give courtesy to the speaker so we all can hear what she has to say. Proceed.
Ms. Dougherty: We also had 68 students here at 2 o'clock, who had to leave and get
back to school. But we do have a student still representing them and he is here also ready
to speak on the ... on behalf of the museum. We are requesting... and this is something
that's sort of important for you to understand why we're here today. Because I know
126 May 26, 1998
there's going to be some objections about what we're doing here today. We are asking
your concurrence that this children's museum project is in conformance with the SADD
(Stationary Design and Development Plan) plan that was adopted by you some time ago.
In other words, under ... this is a somewhat ambiguous request because it's somewhat
ambiguous process under your zoning code. Your zoning code says that with respect to
the area around the Metrorail... and specifically this site ... you must ... you don't have any
jurisdiction for site plan approval, zoning approvals, building permits. Only Dade
County has that jurisdiction. So what is it that the City of Miami does? It adopts a
SADD plan. And what we're here today to ask you to do is tell you and tell the County
from your stand point that this is in conformance with the SADD plan. We do not have
objections to dealing with the traffic issue or the scale issue and we're happy to go back
to your Planning Department to discuss those issues. But what I would like to do today is
to have a couple speakers speak on behalf ...so that you know about this museum. First of
all, this museum is a very prestigious museum. This is not one that is new ... newly
coming into your jurisdiction or this county. This is one that's been around for several
years, so you know what it's ... what it is. It's one of ten museums like this in the country.
It was highly sought after by other jurisdictions in Dade County. Miami Beach wanted it.
North Miami Beach wanted it. South Dade wanted it. But they want it to be in the City
of Miami. They want it to be near central locations so that the demographics and so that
the children would be centrally located and also close to the Vizcaya Museum. So those
are our reason for wanting to locate in the City of Miami. I'd like to also to ... to have a
few things addressed to you. The first thing is the traffic issue because that's a very
important thing to our neighbors. And who are ... who is here today on behalf of the
museums from the Neighborhood ... the Roads Neighborhood Association is
approving... has approved this project and is here in support of the project. Joel Sanchez
is here and is willing to speak on the ... on behalf of the project, so why is he here and why
is the Rose Neighborhood Association approving this project? Because right now there is
a traffic problem in the in the area. Our plan is a plan that addresses some of these traffic
concerns and I'd like to have our traffic planner come and speak to those traffic issues
today. The other issue is ... who is it that may be opposed to this project? And with us this
day ... this evening is a fellow by the name of Dan Lowe. He is somebody who was
originally opposed to this project. He took it upon himself to go and find out what his
neighbors thought. He is directly affected. He is immediately adjoining neighbor. He
went around and surveyed his neighbors. What he has determined is that in ... they are in a
majority support of not only the project at this location, but the design and the scale of
this project. And he is here today to distribute to you the results of this survey that he's
taken with his immediately surrounding neighborhood. So, with that, what I'd really like
to do is address the issues that are most concern to your ... to your trap ... to your Planning
Department and that is the traffic. So this is Brian Mirson from CarrSmith and
Associates, who is about to describe to you the traffic solution that we had found for this
neighborhood and one of the reasons why our neighbor do support the project.
Ms. Janet Cooper: Mr. Plummer, a point of technicality. I don't know what to ... I have an
objection to many of the things that Lucia has mentioned and I'd like to know whether
you want me to make my objections...
127 May 26, 1998
Vice Chairman Plummer: You'll have your opportunity.
Ms. Cooper: In my place. Well, then, I need to state that all the objections I'll make in
the future, I would have made now had I had the opportunity to do so.
Vice Chairman Plummer: You will have your opportunity. Proceed, please.
Commissioner Teele: Mr. Mayor ... are you Miss Cooper?
Vice Chairman Plummer: Yes, Janet Cooper.
Ms. Cooper: Yes. You know me, Mr. Teele.
Commissioner Teele: And you wrote a very brilliant letter. I thank you.
Ms. Cooper: Thank you.
Vice Chairman Plummer: Are you two finished? Would you proceed, sir, and move this
traffic along.
Mr. Brian Mirson: Thank you. Thank you, Com... thank you, Commissioners. Brian
Mirson, 4055 Northwest 97th Avenue. Operating officer of Carson Smith Cordino. If I
can, I'm going to make this 30...60 seconds, Commissioner. You probably haven't heard
me speak in 60 seconds. I just have a booklet. I'm going to follow that along, rather than
use large words. The first page says Current Access. When we're asked to take a look at
this, anytime you take a look at traffic in terms of impact of any facility, the first and
most important element is what's going out there right now? We're in the process of
looking actually at the number of cars, whether it's 50 vehicles, whether it's a hundred a
day. We haven't gotten to the details. We're in the process of that. Clearly, the real
significant issues in this neighborhood is that the existing issues that exist. If you look at
the current access may, you see between five corners at 12u' Avenue and 22"d Street and
the issues of cut -through traffic off of the expressway into the neighborhoods. We have
significant traffic intrusion into that neighborhood. If you'll see that our initial element
when we're asked by the museum, was to take a look on the second page is, what kind of
calming planning can be put into place? Whether the museum was there or wasn't there,
what kind of mitigation measures could be in place? And we were in the process in
working with the community to in fact come up with solutions. And you notice that
primarily, we're taking a look at some restrictions on 1 S` Avenue as well as the potential
of those on 2"d Avenue. And the museum has indicated they'll participate in those. As
importantly as it is, you'll see in the circle where I so round about, the issue of five
corners, the issue of SADD (Stationary Design and Development Plan) that occurred 10
to 15 years ago, in fact, is an issue that needs to be resolve. And if you look through the
package ... I won't go through each of the details. You'll see the type of treatments that
can take place. What is important is anything else, you'll notice that five point
128 May 26, 1998
intersection geometry really is one of the key issues to the solution of the traffic issue to
Vizcaya, as well as in the Roads area. Very well, as anything else take place. The Miami
Museum, in a support with what we're doing with Miami Dade, with the Florida DOT
(Development of Transproation), as this is both the state's roads and local roads,
identifies that there are potential solutions to five comers ... to the five point issue. And if
those are solved, if, in fact, part of the issue is here to have the Children's Museum, to
have the rail station, to have two state roads systems. We believe, very comfortable, that
we can engage the Florida Department of Transportation and the County to come up with
a resolution of those. The issues of the calming elements of the intersection, whether it
be on first or whether it be on second, whether it be the issues of 31' Road or 32°d, those
are elements that, in fact, the museum is ready to assist in putting those calming devices
in place and we believe that there just aren't fatal flaws involved in those. Thank you,
Commissioners.
Vice Chairman Plummer: Thank you. Miss. Dougherty, you have eight minutes left.
Ms. Dougherty: Mr. Commissioner, are you going to hold the public ... for example, Mr.
Lobo, who is ... who wasn't somebody who was on our team but is a citizen, would he be
part ... even though he's supporting us?
Vice Chairman Plummer: It's part of your 15 minutes.
Ms. Dougherty: OK. I'd like Adolfo Henriquez now to speak.
Mr. Adolfo Henriquez: I'll try and do this real quick. Thank you very much.
Vice Chairman Plummer: Excuse me. For the record, you'll have rebuttal...
Mr. Henriquez: I'm Adolfo Henriquez.
Vice Chairman Plummer: Miss Dougherty, you'll have rebuttal time.
Mr. Henriquez: I'm Adolfo Henriquez, 1221 Brickell Avenue. Thank you very much for
this opportunity. I want to address two things. Because we're very short for time here.
The first one is to talk a little bit about exactly what the museum does. What the museum
does, through interactive exhibits, it provides teaching opportunities for children.
Primarily focused in Pre-K through Fifth Grade. It is to teach children how to deal with
life in general, how to deal with each other, and how to live with diversity that they live
with in this particular community. As a matter of fact, the Smithsonian has actually
provided us with an exhibit and showed us how to take the exhibit that deals with
diversity issues, and put it right here in this community. What we want to build here is a
world class museum, which basically takes off from the Miami Youth Museum, which
used to be located on a temporary basis, at the bakery center. That temporary basis went
on for a longer period of time than we expected and, quite frankly, since they were torn
down, we have now started operating as a museum without walls, taking all of our
129 May 26, 1998
programming directly to the schools incorporation and in partnership with the Dade
County School System. That is what this museum itself does. In addition to that, it
provides an environment where parents can actually come and learn how to deal with
their children. It provides an environ... an environment where parents come and learn how
to interact and play with their children and how to occupy their time properly with their
kids. And, quite frankly, I didn't know much about this but about seven years ago, I was
introduced to it and found out that, not only had my own children and my wife gone to it
frequently, but I have a number of associates in the bank who go to it on a regular basis
and found that it was the only way that they could really cope with their busy work
schedules in finding really good opportunities to work with their children. Finally, I want
to tell you that the cost of this is going to be about eleven million dollars
($11,000,000.00) to put together. As a fund raising co-chairman with Wayne Kennedy,
we have already raised five point six million dollars ($5.6,000.000.00). We have about
four million dollars ($4,000,000.00) that are already being talked about and we think that
we should be able to get most of that money. One point nine million dollars
($1.9,000,000.00) is by way of state grants. Those state grants are sites specific to this
particular site, which, quite frankly, provides and opportunity for people to get on the
rapid transit or mass transit and come to the museum. So, I would encourage all of you to
allow the children of this community to have that world class museum in our back yard.
Thank you.
Ms. Dougherty: At this time I'd like ... ask Dan Leibow to present... before the Roads
Association, as well as his own survey.
Ms. Cooper: For the record, I requested a copy of this survey from Miss Dougherty and
from Mr. Leibow. Miss Dougherty told me to get it from the individual. Mr. Leibow
told me to get it from...
Vice Chairman Plummer: It's public record the minute it hits my desk.
Ms. Cooper: ...the museum. But now is not a time...
Vice Chairman Plummer: All right. All right. Hold on. Miss Cooper, you will have
your opportunity. It's your time. Miss Dougherty, your time is running.
Ms. Dougherty: I don't ... does he have a mike that he has...
Vice Chairman Plummer: Give him the hand held.
Ms. Dougherty: There's one over there or you can do it from here.
Vice Chairman Plummer: There should be a hand held there.
Miss Cooper: Can he ... can he speak from the applicant's side
130 May 26, 1998
Vice Chairman Plummer: If he can see that far.
Miss Cooper: ...so that I don't get all messed up.
Vice Chairman Plummer: If he can see that far. Can you see that ... well, he's got it in
writing.
Miss Cooper: Oh, he's got it ... he's got a transparency even.
Vice Chairman Plummer: Go ahead, sir.
Mr. Daniel Leibow: Thank you. My name is Daniel Leibow. I'm homeowner/resident
of 3041 Southwest 2°a Avenue. Also Board Director for the Miami Roads Neighborhood
Civic Association. Joe Sanchez, our president of the board, couldn't stay so, in his stead,
I'll be making this first address. For over a year, our directors have worked very hard to
arrive at the most reasonable position on this issue. We've held three public meetings,
extensively reviewed the museum plans, met many times with County and museum
officials, and respectfully considered a wide variety of opinions from neighbors on all
sides of the question. After gathering community input from several sources, we learned
that some residents are very supportive of the museum and others totally oppose to the
project. Our elected directors reflect this diversity. Some are unconditionally opposed.
Others are unconditionally supportive and some are in the middle, trying to find an
acceptable compromise.
Vice Chairman Plummer: Sounds like the City Commission.
Mr. Leibow: I hope so. Our position, the Board's position, arrived at recently is the
Miami Roads Civic Association supports the Miami Children's Museum if, and only if,
the following conditions are met. Number one, redirecting all station traffic off of
Southwest 3 1 " Road and second, close 31s` Road and 1" Avenue at the intersection. This
was a very close, difficult decision. The museum responded by initiating a traffic study
of the entire area. This information should help form a plan that will relieve traffic
problems well beyond the impact of the museum itself. Our association has worked for
over 10 years to try and protect our neighbors from these very dangerous traffic problems
and we feel that by working with the County, this project can be intelligently
implemented in a way that will increase the safety of our residents in general and protect
the roads from possible negative impact of station development. We have extended
respect and hospitality to persons of all viewpoints on this project. We realize that no
single decision will please everyone in the matter. Our position was arrived at after a
great deal of research, fact finding and negotiation. We will appreciate your
consideration of it in this ... in making this very important decision. Now, in my capacity
as a private citizen and also Board Director, I'm going to present a survey, if you will.
I'm not a social scientist. I don't believe that it should be considered competent expert
testimony, but it is a product of a concerned citizen trying to take the polls of the
community. The survey was conducted by individuals and ... in addition to myself and
131 May 26, 1998
was not endorsed or adopted by the Board. It was only one of the sources of community
input that we considered, along with our public meetings and conversations with our
neighbors. It's often difficult to examine at the side on complex and emotionally
grounded issues objectively, particularly when findings, based on objective measures, are
contrary to one's own heartfelt convictions. Mine here. On the issue before us, now
regarding the proposed Miami Children's Museum location, design, scale, and potentially
adverse affects that might occur as a result of such a placement in our part of the
neighborhood, the record will show, invariably, where I have stood opposed. I'm still
opposed. Be that as it may, regardless of how or why or where I've stood on these very
issues, I feel I must also allow fairly for the opinions and desires of others, because I
know that mine are not the only ones that count or matter. It's my aim now to provide all
who are in attendance today with what I believe to be an objective reading from the polls
of many of the residents/homeowners who are closes to and are, therefore, likely to be
most affected by the proposed siting of this facility. Irrespective of how I felt, I wanted
to know personally how my neighbors felt about the matter. So, I set out to conduct my
own, independent, mini survey, if you will. This so-called survey consisted of two parts.
The first dealt with the proposed museum location, scale, and design, where on each
respondent was shown a color rendering of the building. The second part of the poll dealt
with the proposed traffic modifications, which are part and parcel for all concerned a
major consideration in dealing with the proposed siting of this facility. Specifically at
issue, with regard to traffic into and out of our neighborhood as a result of daily museum
patronage. Detailed diagrams of existing and proposed traffic modifications designed to
minimize or negate the brunt of incoming and outgoing museum traffic was shown to
each of the respondents in order to have them decide for themselves. Now, how does that
might interpolate throughout larger and more remote segments of our neighborhood is
still uncertain, but the writing on the wall so far, according to this poll, clearly
demonstrates a majority opinion, which squarely challenges those of us who stand
opposed. As I understand it, there are two major criteria by which both City and Count
Commissions must base their judgments owing to these matters. The first is the law.
Does it or does it not conform to the letter and can it withstand the appellate process?
The second is the will of the people. One measure really no less important than the other.
One only, however, to the exclusion of the other will prevail. The respondents of this
survey have spoken on both sides of the issue. Some have express, unequivocally, their
disapproval, while others felt the entire package to be a win/win proposition.
Vice Chairman Plummer: You have 15 seconds to wrap up, sir.
Mr. Leibow: I've provided the City Clerk with a copy of the survey for each of you.
Vice Chairman Plummer: It is a public record.
Mr. Leibow: It's part of the public record now.
Vice Chairman Plummer: Mr. City Attorney, you wish to speak to the ... to the document
proffered?
132 May 26, 1998
Mr. Joel Maxwell (Assistant City Attorney): There are two ... Mr. Chairman, there are two
documents that have been proffered to the Commission for consideration. One is entitled
an order surrendering ... it ... it's a survey to address the audit surrendering of the proposed
project. The other addresses the traffic circulation patterns and study and so forth and I
would just caution the Commission, as I have in the past, that surveys of this type from
the neighbors and the ... and the concerns of the neighbors shouldn't... should not be
considered, except to the extent that ... that such statements on the record constitute
competent and substantial evidence. In this particular instance, I don't think the surveys
do, except to just say that ... to make you aware of them, that the courts have said that you
should give comments of this type the weight that you consider it should be given. And I
just want to remind you that your decision must be based on the record and on expert
testimony only.
Vice Chairman Plummer: We're reminded. Thank you. Miss Dougherty, I'm going to
give you five minutes more. It is the last five minutes and I will extend the opposition
five minutes. But I think we are starting to get repetitious and we don't need to be, so...
Ms. Dougherty: The only other issue is the architecture and the site plan and so I...
Vice Chairman Plummer: You've got five minutes to bring up anything you want.
Ms. Dougherty: I would ask Laurinda Spear to come up and present the project.
Vice Chairman Plummer: You got five minutes.
Commissioner Teele: Lucia, what about the kid?
Ms. Dougherty: Excuse me?
Commissioner Teele: I though you said...
Ms. Dougherty: Oh, yes. Of course.
Commissioner Teele: That's some competent evidence.
Ms. Dougherty: That is. I can't find his name though. Would you come up and
introduce yourself?
Mr. Kevin Cudlipp: My name is Kevin Cudlipp and I live at 1099 Northeast 1041h Street.
And I'm representing all the children in our city, in our community. I'm ... we need the
museum built on the Metrorail, so everyone can get there and have access to a wonderful,
incredible learning experience inside this museum. We strongly urge you to support this
project and give the children in our community this opportunity to learn many different
things from this museum.
133 May 26, 1998
Vice Chairman Plummer: Thank you, sir. That's it?
Mr. Cudlipp: Yes.
Vice Chairman Plummer: OK. Miss Dougherty.
Ms. Dougherty: Thank you very much. And now Laurinda Spear, who is principle with
Architectonica, will present the architecture and the site plan.
Vice Chairman Plummer: When you bring it up, would you bring it so the Commission,
as well as the audience, can see it, please?
Ms. Laurinda Spear: I'm Laurinda Spear from Architectonica. Address 550 Brickell
Avenue, Miami. Actually, I'm going to go over the points of the letter that we mailed to
all of you so that it's read into the record. The proposed project is consistent with and
part of a linear, non residential zone that runs the length of US 1, along the Metrorail line.
It's compatible with the pattern of development along the stretch of land, which is a
logical outcome since people do not seed to live looking at US 1, nor the Metrorail. A
museum is a definite upgrade over any commercial or industrial development, which
could occur there. One of the tenants of Urban Transit is the promotion of activity at
stations. Building adjacent to stations makes rider ship desirable and economically
viable. Most cities would find this use as an ideal solution and an indicator the great
potential of Urban Mass Transit as a catalyst for socially productive buildings. The
Metrorail option should not be underestimated with respect to its impact on traffic
reduction. Metrorail usage will be desirable because the station is very close to the
Children's Museum. Right there, in fact. In Washington, DC the rider ship to the MCI
Center was far more than anticipated and we expect this will be the same here at the
Children Museum. The museum can promote Metrorail use with their offering discounts
on tickets with Metrorail ... proof of Metrorail ridership. School bus traffic is
automatically restricted to day time and weekday visits, corresponding to school hours.
So it's not expected at night time or on weekends. Group visits are scheduled and
statistics indicate that the number of school buses per day is quite small. The perception
is larger than the reality. When the original station was planned, antic ... they anticipated
regular bus traffic at a more significant scale than we have today. So the school buses are
going to be easily accommodated. The location of the Children's Museum is only a
bridge away from Vizcaya complex and allows for combined visits to Vizcaya, the
Science Museum, and the Children's Museum. It will be with the use of one Metrorail
pass that you can see all of these museums and will promote a family day at the museum
center. In addition, the proposed museum sits between the high-speed, high -traffic US 1
and the residential neighborhood. Currently, the area is an open space, allowing free
transfer of highway noise. The building will actually serve as a sound buffer for the
residents. Across the country museums have become anchors to high quality residential
neighborhoods. In Houston, the museum district is considered one of the best single
family, suburban residential neighborhoods. The same is true in New York City. So we
134 May 26, 1998
would hope that this neighborhood would feel they were getting a benefit from the
museum. The proposed museum is a two-story horizontal structure. It is a zone that's
broken up into four components, representing the four elements, earth, wind, water and
fire. The design is intended to teach about abstract ideas and the meaning of form and
architecture. The spaces within the building respond to these ideas. When enters into a
swirl of cool air, the circulation flows through a curving access of water. In classroom,
ignite the imagination and exhibits tell us about the earth we live in. We believe this
museum will improve our life. The city's life and will make children an important part of
our every day life. Thank you.
Vice Chairman Plummer: Thank you. You have one minute to wrap up.
Ms. Dougherty: Then I'd like to have Rhoda Levitt speak on ... on behalf of the Florida
Arts Council and who's in control of a lot of the money that comes in the City of Miami.
Vice Chairman Plummer: You will have a limited time of rebuttal.
Ms. Rhoda Levitt: I ... I would like to give you statewide perspective of the Children's
Museum. We see grants from all over the state. To -date this museum has received
approximately two million dollars ($2,000,000.00) from us. In terms of grant, the criteria
of grant, this is an organization who shows fiscal responsibility. Their board is
comprised of major involved people within the community. When they do their
programs, they ... they enlist the ... the number of people, such as Public...
Vice Chairman Plummer: Excuse me. Would you ask the people ... do we have any police
officers here? Mr. Longueira, orderly fashion, we'll take them at such time as that issue
is presented. OK. I'm sorry to interrupt you. she is the last speaker for this side, so,
please wrap it up as quick as possible.
Ms. Levitt: Yes. So, what I am saying is that statewide, a State which is giving this year
thirty-two million dollars ($32,000,000.00) in grant money; that this museum is a steller
organization, rates at the top of our list. The grant writer is here. They submit excellent
grants and ... and, finally, in conclusion, which wraps this up, Commissioner Plummer, is
this statement: Earlier today you had a policeman who received a plaque for gang. You
had people that were talking about violence, and I can only say the old cliche, rather than
the one you know, this is prevention, prevention, prevention. Thank you very much.
Vice Chairman Plummer: Thank you, Ma'am. Miss Cooper. This is not Ted Mack
Amateur hour. Thank you. Miss Cooper, do you, in fact, represent the people of the
Roads Section?
Ms. Cooper: I represent...
Vice Chairman Plummer: Are you ... you're retained by them?
135 May 26, 1998
Ms. Cooper: I'm retained by the Vizcaya Roads Homeowners Association.
Vice Chairman Plummer: For a fee?
Ms. Cooper: Sorry?
Vice Chairman Plummer: For a fee?
Ms. Cooper: For a fee.
Vice Chairman Plummer: Are you a registered lobbyist?
Ms. Cooper: I am a registered lobbyist.
Vice Chairman Plummer: And, Mr. Clerk, you so attest?
Ms. Cooper: And I might say that many of the speakers...
Vice Chairman Plummer: Excuse me. Hold on. Hold on. Mr. Clerk?
Mr. Foeman: Yes, she is.
Vice Chairman Plummer: Thank you. All right. You have a total of 20 minutes. I
assume that everybody that is of the Roads Section is going to get together and utilize, to
your best ability, the 20 minutes afford ... no. You speak on your own. All right. Miss
Cooper, I'll give you 10 minutes and we'll look at it after that or 15 minutes. OK.
Ms. Cooper: Well, I'd like the 20 minutes, plus whatever rebuttal they're going to get.
Vice Chairman Plummer: Well, they ... they're entitled to rebuttal. OK. You're not.
Mr. Richard Pleban: (Off the mike comments) the rest of us are here to say we live
here.
Vice Chairman Plummer: I understand that, sir.
Mr. Pleban: The rules of...
Vice Chairman Plummer: OK.
Mr. Pleban: ...these people from the outside are not going to (off the mike comments).
Vice Chairman Plummer: Twenty minutes and 20 minutes. We will give Miss Cooper
10 minutes to start with and, hopefully, we'll leave 10 minutes for you.
Mr. Gonzalez-Goenaga: And for me?
136 May 26, 1998
Vice Chairman Plummer: I've tried for years to shut you up. I couldn't do it if I tried. I
know that. OK. Let's ... let's try it on. We're going to be fair, all right. I want to be fair.
Give everybody their just day in court or their just day in the Commission, but I don't
want to be here until midnight and neither do you.
Ms. Cooper: Right.
Vice Chairman Plummer: Miss Cooper, for your record, your name and your mailing
address, please.
Ms. Cooper: Janet L. Cooper, attorney representing Vizcaya Road Homeowners
Association. Address 1172 South Dixie Highway, Suite 503, Coral Gables, 33146. I
must comment on the lobbyist situation. No one has registered even, let alone paid a fee.
Lucia said she's pro bono and I have no reason to disbelieve it, but we have every reason
to believe that the other speakers are either employees of, with the exception of the young
man and the person from the state.
Vice Chairman Plummer: Mr. City Attorney, you'll so note. Thank you. Just so note.
Ms. Cooper: Employees are receiving a fee and they need to be registered. So we object.
Vice Chairman Plummer: Thank you.
Ms. Cooper: I'm also incorporating, by reference, all of my objections that I included in
the letter that I passed out before this hearing started and submitted to the Clerk for
inclusion in the record.
Vice Chairman Plummer: And, for the record, that was presented at the time of the start
of the meeting, which is wanted by the City Attorney to be noted. Thank you.
Ms. Cooper: OK. Mr ... I first want to get through Mr. Leibow's survey. Mr. Leibow has
claimed to do this survey and presented you with only conclusionary results. He has not
presented, besides the things that he told you that he is not a competent surveyor and that
he doesn't know what value this has, he has failed to provide you with any of the raw
data. In addition, he has refused to provide me with any of the raw data. He said that the
people he spoke to ... because I spoke to this man, well, first I wrote Lucia a letter and
asked her for a copy of the survey because it was being touted in writing by the museum
people. And Lucia said, well, we don't have it. We don't know anything about it. We
know it exist but we don't have it. Get it from the guy who did it. So I found out who
did it. Dan Leibow. I called him up Saturday night. He said that he refused to give the
names and the addresses of people he spoke to; that he would burn it; that he would go to
his grave with this as a secret. How can we confirm it? You can't give any validity to it.
If he's going to come up there and say that so many people did it ... based on what? I
would like to present, and I'm going to be going back and forth. I'd like to present
137 May 26, 1998
Richard Pleban, who is one of the directors of the Vizcaya Roads Homeowners
Association, for him to present you with signatures of people who are willing to stand up
and say what they really feel. Here, I'll pass it out. You talk about it.
Vice Chairman Plummer: Go ahead. You can keep talking.
Ms. Cooper: Well, I want him to talk.
Vice Chairman Plummer: Oh, OK.
Ms. Cooper: I'll pass it. You talk.
Vice Chairman Plummer: All right. Stop the clock.
Ms. Cooper: Thank you. And, please, Richard, be sure to give one to the City Clerk for
inclusion in the record. Give one to the City Clerk. You could look at the Clerk's. It's
very thick and so it's very expensive to ... well, you wouldn't give me a copy of that one,
so...
Vice Chairman Plummer: All right. Through the Chair. If you have a question or an
answer, through the Chair. Sir, state your name and mailing address and proceed.
Mr. Pleban: Richard Pleban, 116 Southwest 28 Road, Miami. The last few days we
collected signatures throughout the neighborhood. I have it subdivided between the 375
feet property owners. There's approximately 40 opposed and, then, another over 200
opposed within the neighborhood. The ... the Vizcaya Metrorail encompasses actually two
neighborhoods, East Shenandoah and the Road Section. Most of the people affected are
in East Shenandoah subdivision. So, we're ... we're submitting this for the record.
Vice Chairman Plummer: Thank you, sir.
Ms. Cooper: Richard, would you please explain, you had told me that some of these that
were not read were absentee owners, that you hadn't got their responses back in time or
whatever.
Mr. Pleban: There ... there are some rental properties in the neighborhood. We did a
mailing but we did not receive all of them back, yet. We have represented here
condominiums on 1" Avenue, 3001, 3011, that's a condominium. Those are both
condominium projects. We have the owner here of 3055 Southwest V Avenue,
immediately adjacent to the project. She came from Coral Gables, today. That's a 10
unit apartment building. We have all the immediate owners across the street, with the
exception of one directly across on the station; the people that are adjacent south of the
station, north of the station and immediately surrounding indicated by the pink in
opposition. If we had more time, I'm sure there would be a lot more pink dots here.
138 May 26, 1998
Ms. Cooper: Were there any people you or whoever else was doing this, spoke to ... who
said they were in favor of the project? I think the answer is yes, but I'd like you to tell
how many.
Mr. Pleban: There were very few. I also submitted a letter from David Rodriguez, who
owns two properties, 129 Southwest 32"d Road and 201 Southwest 32"d Road. When he
got the original mailing from the Planning Department, he was in favor. When he
realized what the project was about on the Metrorail Parking Lot, then, he withdrew his
appli... his favorable response and he submitted that letter today.
Ms. Cooper: OK. So I think you have before you the evidence that is more credible as to
what the true sense of the community is. I had hoped that, based on the technical legal
arguments, this matter would be dismissed so that it could be brought before you
properly. Because it is not before you properly. But that didn't happen. I would like to
let you know that I would like a continuance of this item so that some of these things can
be resolved, and that the homeowners can be talked to and addressed. We have brought
to the attention of the museum people at the Planning Advisory Board meeting on April
22nd, that the people in the Vizcaya Roads Homeowners Association have not been
contacted and have not been included in the many discussions. A few people managed to
find out when some of the other homeowners association meeting were and attended, but
there has been no notice, no invitation, no presentation. Since April 22"d, I have written
four letters. Richard, would you pass these out, please. I have written four letters to Miss
Dougherty, I only have three copies. One to the Clerk and other two, let them share, here,
here. The other two sets. Let them share that for the moment, if you don't mind ... asking
for information, copies of the application and I got no response. Four letters between
April 22"d and now. Thursday afternoon, late ... I work ... I work out of my house and I
have a mailbox place. Thursday afternoon, late, after I picked up my mail, a package was
dropped off. In response to my numerous requests for all the supporting documents, I got
a letter, three pages, dated in December. I got a set of plans that was identified as being
the originals. We understand there are newer plans. Those were not provided to us. And
I got a draft traffic study proposal that looks nothing like what was presented to you
today. We've never seen any of the boards that were up there before. We have a zillion
questions we would like answered and we think we're entitled. This is these peoples'
homes. This has been their homes since the 40's. And they're entitled to know what
goes on in their neighborhood. We would ask that you continue this item and direct the
museum to meet with us and to answer our questions and provide us with all the
documentation. We should not be caught by surprise, while they try to squeeze
something through that really isn't even properly before you. I'm presenting... Richard,
you're still on the hook ... to you the portions of the zoning ordinance that say what your
duties are and what you're limited to doing. And...
Vice Chairman Plummer: You're down to three minutes.
Ms. Cooper: Out of what, 10?
139 May 26, 1998
Vice Chairman Plummer: Ten.
Ms. Cooper: One to the Clerk. So 1201... here. Twelve, oh, one says what you can and
can't do and this is something that doesn't even really exist. This is a made-up
application. And they said to you that they need to do this to tell the County that you
think this museum's a great idea. I'm not going to have time to address how bad an idea
it is, but I would like to tell you that there is a process and it is in your zoning ordinance
401. It is ... the package I presented to you is the entire section or at least the beginning
section, but the pertinent part is on the third page. We're talking about Section 33C-1.
I'm sorry, 33C-2139A, and D9D, which sets out the process. The process, which Lucia
wants you to believe is ambiguous, is very clear. The process says, "whenever uses
authorized by subparagraph A are proposed, the station area design and development
program progress, a joint municipal county program, shall prepare proposed master plan
development standards for such proposed uses." Then, it talks about getting together and
coming up with basically a zoning ordinance that sets the parameters. They haven't told
us how big a building it is; how much the setbacks are open space, any of them. We
don't know. There's no provision for parking at all. No provision for parking for the
museum. Now, this is all being done sort of informally, but it's not. Lourdes Slayzk
received a letter from Ruth Myers of Metro -Dade County, dated March 27t , asking that
the City appoint two people to a DIC (Development Impact Committee) Committee,
which would be what is supposed to be carried out under this ordinance. To this day, no
two people have been appointed to that committee on behalf of the City of Miami. This
affects the City of Miami.
Commissioner Teele: Excuse me. Mr. Chairman?
Vice Chairman Plummer: Stop the clock. Mr. Teele.
Commissioner Teele: When was that letter received and can I get a copy of it?
Ms. Cooper: Yes. I think I only have...
Ms. Cuervo: I'm sorry, I didn't hear your question.
Vice Chairman Plummer: She ... she's complying with his request.
Commissioner Teele: I'm trying to understand. She's complaining that...
Ms. Cooper: The...
Commissioner Teele: ...that the City was invited ... was requested by the County, DIC, the
Development Impact Committee, to participate in the...
Ms. Cooper: Planning process.
140 May 26, 1998
Commissioner Teele: ...process for the planning of this station and to date, we've not
provided ... I'm just trying to see if that's...
Vice Chairman Plummer: Can you provide him with copies of that?
Ms. Cooper: This ... yes. This letter is stamped as received April 1". It's dated March
27'. I have only one and one copy.
Commissioner Gort: Addressed to whom?
Ms. Cooper: Lourdes Slayzk.
Ms. Cuervo: Lourdes, unfortunately, was taken ill this morning to the hospital and that's
why she's not here with us today and, therefore, I can't answer the ... the question that
she's raising, but if I could have a copy of the letter, I will...
Ms. Cooper: I gave a copy to Commissioner Teele. I'm going to ask him to include
it ... to give it to the Clerk so it's included in the record because I just don't have another
one. And that's another basis for asking for continuance because we need the people here
who can answer the questions.
Vice Chairman Plummer: All right. Can you wrap up in about 60 seconds?
Ms. Cooper: No, I don't think I can.
Vice Chairman Plummer: I think you can.
Ms. Cooper: Someone, and I don't know who, has prepared a resolution that is in your
packet, that is suggested as being signed by you all. If you should pass this ordinance to -
or this whatever it is today, and if you look at it, you will see that it is not drafted to be
anything like what you've been presented with. You're told the sole determination for
you is whether a museum is a permitted us under the SADD and the resolution talks
about compliance with the Comprehensive Plan and other ordinances and so forth. The
resolution is totally objectionable, is not consistent with what the notice, the agenda
items, and presentations have been. In fact, you haven't heard anything from the
applicant to show you where in the SADD this is permitted. Because it isn't. We went
through it extensively at the Planning Advisory Board. Planning Advisory Board
unanimously and very strongly, very strongly recommended denial. They said this is not
the place for this museum.
Vice Chairman Plummer: 'OK.
Ms. Cooper: And I have more to say but...
Vice Chairman Plummer: All right. If, in ... Mr. Gort.
141 May 26, 1998
Commissioner Gort: The resolution that I have in my package, it says for denial.
Ms. Cooper: No. That wasn't the resolution passed by the Planning Advisory Board.
Commissioner Gort: Passed by the ... OK.
Ms. Cooper: However, the resolution that the administration...
Commissioner Gort: (inaudible).
Ms. Cooper: ...is included in your package. It's recommending approval of the
consistency with the Stationary Design and Development Plan and that's what we're here
today requesting, is your approval for consistency with Facade.
Vice Chairman Plummer: Thank you. All right. Let me get Mr. Goenaga out of the
way. Mr. Goenaga, you want two minutes? Proceed.
Manuel Gonzalez-Goenaga: Yes. Without my name, I do not come here to convince
you, Commissioners. I come here to confuse you and I will tell you why. I do, with
some people I do agree that you ... we cannot believe a hundred percent in the Miami
Herald, but the New Times came out with a nice article that I wanted for the record, all
Commissioners, including the one who is speaking on the phone. Let me tell you, I am a
person who, and I think I am not questioning the integrity, morality and honesty of
anybody, but we are just met for the first time my banker who has not denied a loan yet,
who is also on the Oversight Board, the Chairman of the Oversight Board. We talk about
Cynthia Curry, but we haven't talked about Mr. Henriguez. And I don't have anything
against him. He should give me a huge loan. And I was denied. I am a client of the
Capital Bank incidently, who now is your (unintelligible) whatever. But, anyway, to
finish...
Vice Chairman Plummer: Can we speak to the issue?
Mr. Goenaga: Well, I've been trying. That we have a kind of a conflict of interest. I
mean, if we are speaking about a government of the people, for the people, and by the
people, we are not having that kind of a government and we should be more virgent.
Vice Chairman Plummer: Virgent.
Mr. Goenaga: ...than Caesar's wife.
Vice Chairman Plummer: Virgent.
Mr. Goenaga: And Caesar is in jail. Thank you.
142 May 26, 1998
Vice Chairman Plummer: Please don't laugh. Please don't laugh.
Commissioner Teele: Mr. Mayor. Mr. Chairman.
Vice Chairman Plummer: We don't need that. Mr. Teele.
Commissioner Teele: Mr. Chairman, for the record, let me inquire. Does the Oversight
Board have any jurisdiction under the Interlocal Agreement regarding planning and
zoning matters?
Mr. Maxwell: No, sir.
Commissioner Teele: OK. I ... I just want to be very clear...
Vice Chairman Plummer: Well, only unless you hired a consultant.
Commissioner Teele: ...that the Oversight Board has not responsibility
Vice Chairman Plummer: No. Why...
Commissioner Teele: ...for planning...
Vice Chairman Plummer: Hold on.
Mr. Maxwell: Not the implementation of anything under the CARR plan, zoning,
anything like that, to the extent that we would contract, hire, spend money relative to it
they would, but not in implementation or anything.
Ms. Cooper: May I supplement that response? There was a zoning matter that came
before this Commission...
Vice Chairman Plummer: Excuse me.
Ms. Cooper: ...in the same neighborhood...
Vice Chairman Plummer: Mr. Teele, did you ask of the City Attorney?
Commissioner Teele: I thought I asked the City Attorney, but Miss Cooper's very,
always enlightened. I don't want to...
Ms. Cooper: Thank you.
Vice Chairman Plummer: Miss Cooper, enlighten him.
143 May 26, 1998
Ms. Cooper: I'll keep ... thirty seconds. Several years ago there was a matter called
Vizcatran, that came before this Commission, which approved it. It got overturned in
court and the City ended up having to pay the developer nine hundred and eighty
thousand dollars ($980,000.00) and the homeowners reimbursement, in the neighborhood
of fifty thousand dollars ($50,000.00) for their fees and I'm sure the Oversight Board
would be concerned with all the gross deficiencies in this application. I think it...it would
be reckless in terms of the Oversight Board to proceed...
Vice Chairman Plummer: Thank you.
Ms. Cooper: ...or to approve it
Vice Chairman Plummer: All right. Now, I'm going to afford 10 minutes, I hope, to the
remaining portion of you. If you'll govern yourself accordingly to try to live within that
time frame, we all would appreciate it. For the record, sir, state your name and mailing
address and proceed.
Mr. Philip Elmore: Thank you. My name is Philip Elmore. My mailing address is
10110 Southwest 8 1 ' Street, but my family ... my mother and I own the property at 3050
Southwest I" Avenue, which is about 75 yards from the Metrorail Station and we've
owned that property since 1939. The question here today ... we hear people talking about
the museum and how good it is, and it is good. That's not the question. The question is,
the location of the museum. The Planning Advisory Board listened to a lot of testimony.
They got in their car and they drove out to this area of the roads. They looked at it. They
looked where people are parking their cars in the front yard, where they're parking their
cars between the sidewalk, on the parkway I guess you'd call it, between the street and
the sidewalk because there's no parking because of the traffic problem. All it's going to
do is get worst. The Planning Advisory Board to amend, turned down the application
based on the proposed location of the museum. Based on the proposed location in the
roads. That's why it was turned down. Now, the people from the museum, have looked
at other locations. I'm aware of that from Alex Penelas' Office, that they looked at the
location up by 27`h Avenue. That's a commercial location. When we talk commercial,
let's drop back to the SADD Plan. The SADD Plan says no commercial development
from 3`d Avenue over. Now we're putting, or planning here with the museum to put a
commercial development in the Metrorail Station. Puts it right in the middle of a
residential area. I know it's not -for -profit. So is Blue Cross Blue Shield. Are you going
to put a big sales office for Blue Cross Blue Shields in the Vizcaya Metrorail Station?
We shouldn't. It's time ... well, I've been involved a lot with Metrorail. My mother was
involved. I remember Commissioner saying we will never abandon the Roads. It's time
that the Commission stand up for the people in the Roads. One group has been able to
hire an attorney. The other group can't. They're retired people, working people. They
can't hire a lobbyist. They have to depend on you, the elected officials, to stick up for
their rights. You're the only hope they've got. It's time to protect the interest of the
people in the Roads. That's your responsibility. Thank you.
144 May 26, 1998
Vice Chairman Plummer: Thank you, sir. The next speaker. Excuse me. Woe, woe,
woe, woe. This is not amateur night. Sir, your name and mailing address.
Mr. Armando Framil: Mandy Framil, 45 Southwest 28' Road in Miami. I've been living
in that address for 21 years. Been involved with the neighborhood associations for a
number of years and throughout the years we ... we were looking for two things for our
neighborhood. Any, any changes, any projects coming into our neighborhood had to be,
first, reasonable and, second, they had to be beneficial to our neighborhood or, at the very
least, they had to be neutral. It couldn't be negative to our neighborhood. I supported
this concept because I thought it was a good concept. Then, I looked at the project and I
looked at it today in earnest, little bit late but I did, and I was appalled as to the size of it.
I thought it had traffic problems and I thought it had. it would have parking problems. I
came here to find out whether that was true and it is true. Planning Advisory Board
recommended it. But it seems to me is that they're trying to fit Big Foot into our monkey
cage. And when all is said and done, we're still going to be the zoo keepers in our
neighborhood. We're going to have to deal with the consequences of the project that is
totally oversized and it's got problems in it that need to be solved. like the concept of the
museum. We endorse the other museum of science across the way. Love to have it but
it's got to have the right scale. Can't fit in this huge thing in this, in this site and make it
work right.
Vice Chairman Plummer: Thank you, sir.
Mr. Framil: At least not for the neighbors. Thank you.
Vice Chairman Plummer: Again, I'd like to invite everybody to come in and have a seat.
There's no charge. I'd ask all of you to get out of the doorways and please come in and
have a seat. Ma'am, your name and mailing address.
Ms. Evelyn Carbonell: Evelyn Carbonell, 1325 Southwest 22"d Terrace, which is located
in East Shenandoah, one block away from the Vizcaya Train Station. You're familiar
with my face since I'm often here with my son, who's grown in the past five years to
oppose Vizcatran and to oppose the Stallone Gate. One of the main concerns, that I hear
location, location, location. My husband and I moved to this area because of the location,
location, location. Quiet residential neighborhood. East Shenandoah is part of this. The
traffic of this area is going to come right down my block. I know it. I run it everyday
with my son. I chose not to live in Pinecrest. I chose not to live in Coral Gables. None of
the areas out of Miami, the City of Miami, in the Brickell area. I chose East Shenandoah
Roads. I live here. I live with the traffic that comes from the Roads area, as far as people
cutting through speeding, trying to get through traffic. I live with that everyday. To have
the Miami Children's Museum ... and I don't oppose the idea. I have a son. I've been to
the Bakery Center, when he was at the Bakery Center. I've been to the Miracle Center,
when he was in the Miracle Center. Both areas, highly populated, commercial areas.
You're proposing a site in my neighborhood. Residential, quiet, the Roads. Go look at
it. Get a different point of view. We live here. This is my son. This is his investment,
145 May 26, 1998
my home, my future, his future. You can have the Miami Children's Museum elsewhere,
in a more commercial area. Location: This is why we chose this area. Thank you.
Vice Chairman Plummer: Thank you, ma'am. Sir, your name and address, please.
Mr. Luis Herrera: I'm going to. My name is Luis Herrera. I live 1181 Southwest 22"d
Terrace. First of all, I'm going to show you the picture of the parking lot and the people
from the museum, they said there's no cars to park over there, that ... in the daytime. So...
Vice Chairman Plummer: Go ahead. Keep talking, sir. We'll pass them down.
Mr. Herrera: I want you to look at it. I want you to look at it. Where are these cars are
going to park in the ... as soon as you make the museum in there? I like to see the
picture ... the lady. They put it over there and I wanted to show you something right there,
right away, if you can. The picture the museum have. They can put it on the front.
Vice Chairman Plummer: Sir, you have to speak into the microphone. OK. All right.
Mr. Herrera: I'm going to show it everybody over here. You see these, Biscayne
Boulevard here, it's I` Avenue. And these trees over here in front of the museum, this
lady sat down in there, that's where she live. The building, it's not here. This house.
Right there. It's two people in there and some more people in, they not show up yet. So
they look like, Biscayne Boulevard and wider, no parking because it's going to take
whole thing. All these cars that they got it in the picture, where are they going to park?
It's only ... it's only he say in the last meeting, and I went to the Miami Roads Association,
that somebody of the Miami Association, they told me they going to have a meeting in
there. They said it's only 40 parking. I don't know how many going to be. The paper
hauling, whatever they want to. Now, another question... another question that I got for
you is, these people that crying about the children. Do you think ... all of you, you have
some children or grandchildren, something like that. Do you think that Vizcaya Metrorail
station is any safety for the children and a train coming inside the... the... the museum? US
1 is in there. The expressway, the traffic coming down 95 about 50 miles an hour. Any
children that going to cross to the other side or for the other museum across the street,
anybody get killed. One of the children going to get killed. Only they wanted is put the
building in there and they don't care about the children. I love the museum but I against
the building. And they have a five different places before, where they can park that,
where they can put that museum and they don't want it put it in there. Different five
places already. Why they don't put it in there? So I don't think you people is the one
defending us and we don't have to be hire lawyer to defending us problem. You the one
sit down in there is the one we counting with you. We pay your taxes. We pay your
salaries and we counting on you. Thank you very much.
Vice Chairman Plummer: Thank you, sir. Miss Cooper, you have two minutes to wrap
up. Kill the clock.
146 May 26, 1998
Ms. Cooper: Thank you. I wanted to say that, without having the time to go through it
extensively...
Vice Chairman Plummer: You've made your proffer on...
Ms. Cooper: Throughout...
Vice Chairman Plummer: I think on the written document.
Ms. Cooper: Somewhat.
Vice Chairman Plummer: Go ahead.
Ms. Cooper: Throughout the SADD, time after time after time it says the goal and the
objective of the entire SADD Plan is to preserve, protect and enhance the residential
neighborhood. This project would not do any of those things. There is nothing in the
SADD that say a museum should be placed on the station site. What it does say is
permitted in the station site are previews and exhibits from the museums on the other side
of the highways so that people from ... who are using the transit station and the Metrorail
will be enticed to go across to those museums. There is absolutely nothing in the SADD
that says another museum should be put in there. I agree that it would be terrific to have
the museum in a Metrorail Station or adjacent to a Metrorail Station so that people could
use it, although I think you won't see that use very much. I was hoping to have Dr.
Garrido, a retired Assistant Principal for over 20 years and employee of the school board
for over 30 years, talk to you about the requirements for the school sending their children
on field trips, that they would not be permitted to go on the Metrorail. We're not going to
see such extensive use. But, besides that argument, there are other Metrorail stations or
sites very close to Metrorail stations within the City of Miami that can better
accommodate this. The 27`h Avenue Coconut Grove Station is direct access from 17ffi
Avenue. I'm sorry, 27`h Avenue. And is a much larger station and is not in a residential
neighborhood. That's a place to look. We could look downtown on the water, where this
would be beautiful, where this would remind people of the Sidney Opera House on the
water with those big sails. This is similar. Wouldn't that look gorgeous against water
background? And be very accessible by the People Mover as well as the Metrorail.
Finally, I have to say that I have many other arguments and factual things I would like to
say. Since I am not permitted, time wise, I will submit them in writing after this as a
proffer.
Vice Chairman Plummer: Thank you, Miss Cooper. Miss Dougherty, five minutes for
rebuttal.
Ms. Dougherty: Mr. Chairman, members of the Commission. We are certainly willing to
talk with our neighbors. We are always been accommodating to our neighbors but we
don't want a continuance today and I'll tell you why. This, Joe Wilkins, on behalf of the
Roads Homeowner's Association, has had many meetings. We have attended probably
147 May 26, 1998
five meetings in the last five weeks dealing with this issue. And every one of these
meeting is put in the Neighbor's section. We've invited people. We've invited their
association. If we thought that a dialogue would be helpful in terms of resolving the
issue, we would be happy to meet with her clients, but we know that that's not the reason
for this. Her delay and her issue and one, her desire for a continuance is only to find
more reasons to stop the project because that is her clients desire, is to stop this project.
Not to enter into a dialogue where we can find and acceptable solution for everybody.
Ms. Cooper: That doesn't mean...
Vice Chairman Plummer: All right. Woe, woe, woe, woe. You've had your chance.
Ms. Cooper: I'm sorry.
Vice Chairman Plummer: Thank you. Have a seat, please.
Ms. Dougherty: I would also like to ... I would also like to point out ... because I know this
is an issue for you, Commissioner Plummer as well as others. There are 85 parking
spaces on site, as well as 23 parking spaces for employees.
Vice Chairman Plummer: Mr. Gort had a question of where was it on 27" Avenue that
was considered, do you know? Was there a site considered on...
Commissioner Gort: My question, how do you go about selecting which station to
stop ... select?
Ms. Dougherty: Well, this one was a particularly good... desirable one to us because it's
right across from the Museum of Natural History ... I mean, the Museum of Science right
across...
Commissioner Gort: I understand. But in the middle of a residential neighborhood. 27'h
Avenue is right in the middle of a commercial area and a much larger site.
Ms. Dougherty: Well, it wasn't offered as ... I'd like Rafael Perryera to ... excuse me for
butchering your name ... but to speak on that issue.
Mr. Rafael Perryera: Good afternoon. Rafael Perryera, with offices at 2800 Barcelona,
Coral Gables. There was never a station or a site on 27'h Avenue offered as a museum,
sir. The only site...
Vice Chairman Plummer: Thank you. You answered the question. Excuse me. For the
record, I am now closing the Public Hearing.
Commissioner Regalado: Question.
148 May 26, 1998
Vice Chairman Plummer: Discussion among Commissioners and anyone wishing of a
Commissioner to ask a question, may bring anyone to the microphone. Other than that,
there's no one to be coming to the microphone. The Public Hearing is closed. Starting
with Mr. Regalado and we'll come across the dias.
Commissioner Regalado: Yeah. Lucia, I have a question. You said that the City did not
have any authority in terms of zoning or any other matter in that particular site. Do you
mean that, if next week the County will decide to build the hotel/supermarket on 27"'
Avenue or 37' Avenue, they have the right to do that?
Ms. Dougherty: Just let me read to you what your zoning ordinance says and, it is
something that was quoted by Janet. In the zoning ordinance there are two things. One
is, with respect to rapid transit zones, only Dade County has the right to do site plan
reviews, zoning variances, building permits, et cetera. What the City does is adopt the
plan. This is the plan that the City adopted. Unfortunately, with respect to the
Vizcaya/Metrorail Station itself, all it says is "refer to Dade County." It does, there's
nothing specific in this plan about what happens on that Metrorail site, which is why
we're here today to say to you, would you indicate to Dade County that this is a, this is a
use that you find acceptable and in conformance with this plan?
Commissioner Regalado: So what ... what it means is that if we, if the City Commission
would reject the plan, but still the County will...
Ms. Dougherty: It's possible that the County could do almost anything on it, that they
felt was appropriate. Of course, you would, you would have a right to appeal that as well,
if you...
Commissioner Regalado: More or less, it's the Stallone Gate.
Ms. Dougherty: Right. The Stallone Gate.
Commissioner Regalado: The Stallone Gate.
Ms. Dougherty: Oh, Stallone Gate. Well, I don't know anything much about that.
Commissioner Regalado: Oh, well, anyway
Ms. Dougherty: But anyway.
Commissioner Regalado: Anyway. I ... my ... my question goes back to terms of the traffic
study that had been done. You went to the County and you did this study and the City
did approve this study?
Ms. Dougherty: I don't think ... I don't know whether ... and Clark Turner is here and
I ... he's indicating the City didn't approve the study, but we prepared the study. We took
149 May 26, 1998
it to the Roads Homeowners Association and worked with them to try to find solutions to
the traffic problem, not only for, not only for this project but also for the neighborhood in
general, which they've already had traffic problems, which is why they, for example,
have the Shenandoah area actually blocked off as we speak. But that's not the total
solution and, so, I think that that's why the Roads Homeowners Association has approved
this project. It is because we're working with them to try to solve not only our traffic
problem but also the neighborhood traffic problem.
Commissioner Regalado: Francisco.
Mr. Francisco Garcia: Briefly, Commissioner Regalado. Our ... the Planning
Department's position is that a significant and substantial amount of information has been
submitted to us for our review. Among these items was a planning study. Based on all
that information, our position at the moment is that we would recommend to this
Commission that the project that's presented be somewhat revised to reduce the intensity
of it and, also, to further address the traffic issue. Some information has been submitted.
We need to investigate it or look into it further.
Ms. Dougherty: And we're happy to agree with that.
Vice Chairman Plummer: Any further questions, Mr. Regalado?
Commissioner Regalado: No.
Ms. Cooper: May I answer a question?
Vice Chairman Plummer: No. The Public Hearing is closed. Unless you're asked a
question by a City Commissioner, you do not have the right to answer. Mr. Teele.
Commissioner Teele: All right. Mr ... thank you, Mr. Chairman. Mr. Attorney, Miss
Cooper has laid out in a letter, which is well -written, dated May 26, Item PZ-1. A series
of legal objections requesting that the item be dismissed, in that it doesn't seek the relief
which is available under Zoning Ordinance 11.00: "Move that the item be dismissed for
failure to pay required fees." There is no proof of ownership on file with the City, among
many, many others. Have you given these ... this letter careful consideration and can you
give me some comfort as to what the City's legal posture is?
Mr. Maxwell: Commissioner, we were given the letter at the beginning of the zoning
portion of the meeting and so I've given it the consideration that we could give it in that
amount of time. Having, having said that, I will tell you that many of the questions raised
here - mixed questions of fact and law and those questions that I believe are strictly legal
questions, I'm comfortable that the City probably has satisfied the legal requirements.
However, the questions that are, those of fact would have to be asked of the Planning
Department. Miss ... Miss Cooper, in her customary thorough fashion raised many, many
questions, as she often does on behalf of her client. However, I don't think that I've
150 May 26, 1998
heard anything, with the exception maybe of the fact that she has indicated, if it's true,
she's indicated that there are exhibits and there were materials that was submitted that she
had no opportunity to look at, even though she asked for those materials. That's
troublesome. If that, I don't know that that is, in fact, true but she did make that
statement on the record. Therefore, I don't I, I don't see anything in here that would
preclude you from reaching a decision at this time, if you so desire.
Commissioner Teele: All right. Well, I would ask the management to take under
advisement how you're going to cure that concern, if...if...if it's on the record.
Ms. Cuervo: Commissioner, I just want to assure you that Miss Cooper was given ample
opportunity to review all information we had on our files, and she sat with our Hearing
Board Office on Friday for several hours, and we through every - all the information we
have now - information that was proffered here, today. I believe a letter that was
speared... proffered and that said she had sent, it was not signed and we had no records.
Ms. Teresita Fernandez: This is Teresita Fernandez for the Office of Hearing Boards.
Miss Cooper had the question about the model and if we had copies of the model. We
had a picture of the model. Unfortunately, it wasn't here when she asked for it. It was
left in my office but, at this point, I have it because my staff brought it over. I have the
pictures now.
Vice Chairman Plummer: Thank you. Mr. Teele.
Commissioner Teele: Thank ... thank you, Mr. Chairman. Mr...
Vice Chairman Plummer: Mr. Hernandez.
Commissioner Teele: Hold on just one moment, please. Mr. Attorney?
Vice Chairman Plummer: Mr. City Attorney.
Commissioner Teele: It goes without saying, from time to time, many of us contribute
money or ... or are involved in activities.
Vice Chairman Plummer: We've heard that.
Commissioner Teele: I may have been involved in the fund raising effort for the Miami
Children's Museum at some point in the past. I'm not a director or an officer. Does that
constitute a conflict or a reason that I could not...
Mr. Maxwell: No, sir.
Commissioner Teele: And, finally, Miss Cooper ... and I know you ... I have tremendous
respect for you and your diligence. It seems to me though that the issue that we're being
151 May 26, 1998
asked to decide is one simple issue at this point and, with all due respect to the
voluminous challenges that you're making, do you agree that our role is to determine and
to consider this application for consistency as a part or with a stationery of Design and
Development Plan or do you feel that we have some other obligation at this time?
Ms. Cooper: I do not feel that it is within your purview to determine consistency
wherever that came from. There is no provision to do that in either of the Dade County
ordinance or in the City of Miami ordinance 401 Zoning Section RT or in the Station
Area Design and Development Plan. Each of those documents provides for a different
mechanism for handling proposed development in a Metrorail station. It provides, first of
all, that a proposal be submitted to the County. I have made an investigation with several
agencies within the County.
Commissioner Teele: Miss Cooper, I don't want you to get this off in a ... in an
area ... away from ... I understand what you're saying about the County and the County role,
although it's difficult perhaps for me or for my colleagues to believe that, somewhere
along the line, this Commission seated to the County the Building and Zoning of the
zoning decision and that's the point I'm trying to get here. We are not sitting as the
Zoning Board here in this role. We have a very unique and a very narrow role. The City
has conceited or seated to the County that authority and I think all of the arguments that
you are going to make will be well made at the County, but our role, as I understand
it ... and I sort of threw you the softball ... is a very limited and narrow one and this is to
determine or consider the consistency of this proposal with the Vizcaya/Metrorail Station
Area Design and Development Plan. And ... and ... and all these other issues, you know,
which are important, I guess, to put on the record, really are going to be better placed
before the County Commission because they are the ones who will make the zoning
decision on this. Now, the problem that I have is, the testimony that I've heard suggested
this is a children's museum. It suggest that the museum is designed for people between
the ages really of five and seventh grade or fifth grade, or whatever that time period was,
and that that vast majority of the people who use this museum are in conjunction with the
School Board and classes, et cetera, as well as parents. And ... and it just seems to me that
that's probably going to be one of the best uses of the Metrorail that we're going to ever
see. So, I think, you know ... I think, what ... what I think you really should consider is,
we're limited into determining just one issue and that's consistency. Is this a consistent
use with the Metrorail station at Vizcaya? And, in that regard, you know, I think the ... the
zoning issues are going to have to be taken up with the County.
Ms. Cooper: To respond to your question. I have been asking and nobody has shown me
anything in any ordinance, code or procedure where this is something that needs to be
done or should be done or is authorized to be done. There is nothing in any of the
ordinances that say the City of Miami Commission shall determine whether a particular
use is consistent with the stationery development... Design and Development Plan. This is
a phantom application before you. And I believe, it is being promoted by the museum for
the purpose of leverage to use with the County. The County has already begun to
undertake the ... the procedure that set forth in the ordinance, that is a joint ordinance
152 May 26, 1998
between the County and the City. Why are we back dooring this? Why are we doing a
run ... an end run around here? Why are you trying to usurp it? And why are we doing it
without the benefit of information?
Vice Chairman Plummer: All right.
Ms. Cooper: The ... if I may, please, because so many things have been brought up today
that I need to respond to.
Commissioner Teele: But, Miss Cooper...
Ms. Cooper: you said it's going to be people from six to 17; however...
Commissioner Teele: I said that ... I said the test...
Ms. Cooper: ...the Planning Advisory Board, they said that the target area was zero to
six. But, then, we've seen documents that say they'll be parenting classes, single nights
and all kinds of social things. We don't even know their operating hours. We don't
know what they ... they've testified...
Commissioner Teele: But see, that's the point. But...
Ms. Cooper: ...there will be classes continuously
Commissioner Teele: But, Miss Cooper?
Ms. Cooper: ...during their open hours.
Commissioner Teele: Miss Cooper?
Ms. Cooper: We're entitled to know this information.
Vice Chairman Plummer: Commissioner, I think you're losing.
Commissioner Teele: Miss Cooper, thank you very much. I think all of the issues that
you're making, the operating hours, because I don't want the public and your clients,
particularly, to be misled that this Commission doesn't care or this Commission is
looking the other way. The issues that you're raising, the operating hours, will be
properly established at the zoning hearing on this and that will be done by the County
Commission and so I just think it's very important that the record be very, very clear that
this Commission could, if we take your argument, then we could have not given anybody
this opportunity to come forth. We could have just passed a simple resolution endorsing
this and sending it to the City Commission. So, I think, on one hand, on County
Commission. I think, on one hand, you're complaining because you have due process, an
opportunity to come before us and, on the other hand, you know, you're telling us that we
153 May 26, 1998
shouldn't even consider it. So, I've taken your ... your views under very careful
consideration but I want you to know that the only thing that I'm voting for today is to
determine whether or not this station, this design, as presented, is consistent with the
Vizcaya Plan. We are not doing a zoning decision here, which has the usual notices and
the usual kinds of things that have been complained about and I really commend you for
your excellent advocacy for your client.
Vice Chairman Plummer: Thank you, sir. Mr. Hernandez.
Mr. Hernandez: I just got two questions for Department of Planning and Development.
In your back up material you've stated that the design of this project is consistent with the
area plan, except for the fact that, the plan was predicated on land use changes and zoning
changes to the north and west. What were those changes that were to be taken place, do
you know?
Mr. Clark Turner (Planning and Development): Clark Turner, Planning and
Development. Commissioner, you're testing my ability to do a recall from 20 years ago.
The proposed Station Area Design Development Plan included rezoning, recommended
rezoning to hire residential densities and to some limited commercial uses in the area. If
memory serves correctly, when that plan was adopted by the City, the attempt was made
to proceed and do some, if not all, of those rezonings. I, without being able to recall all
of the details, it simply was a failed effort. There was neighborhood ... neighborhood
resistance to the proposed changes and I, once again, I could stand corrected if my history
is not correct, but that's my best recollection.
Mr. Hernandez: OK. The Department overall recommended approval of this project,
with the condition that one or two things happen. Either reconfiguration of the entire,
reconfiguring to a lower density and/or that the applicant conduct a traffic study. Now...
Mr. Turner: The Department feels that both are preferable, both in conjunction.
Mr. Hernandez: Well, that's not ... that's not how it reads in your back up. It says or that
the applicant conduct a traffic study. Was either/or, according to what you put here.
Mr. Turner: We, we do not feel they are mutually exclusive. We are very much
interested in what the traffic impact will be, but we are also interested that the scale be
somewhat lowered.
Mr. Hernandez: So, then, you've... you've answered my ... my question was basically that,
if the traffic study that they've implemented and the proposed mitigation measures, if you
would agree with it, would it, in fact ... could it, in fact, stay as -is with the density that
exists as they propose?
Mr. Turner: We feel that, at this point in time, the information we've been given with
regards to traffic seems to indicate or seems to warrant, rather, that the scale of the
154 May 26, 1998
proposed project be reduced. At the time ... at the point in time when a revised proposal is
brought to us for revision, again, that is somewhat reduced, we would also ask that traffic
be again looked into and a revised traffic study or traffic impact plan be submitted to us.
Mr. Hernandez: You're not ready to comment on their traffic analysis, correct?
Mr. Turner: No, sir.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Well, my understanding is ... and we all know this place very well.
We've ... we've been at it for four/five years and when I talk to the people at the
museum ... I've been to the museum. I think it's beautiful place. It's great for kids. But,
at the same time, I went to two social functions. Was two birthday parties. They wanted
to have it at the museum. That attracts people and it attracts ... it attracts cars and so on. It
looks like this model here, staff is saying two things: One, we want a traffic study and
we want that traffic study to be implemented because what good is the study if it's not
implemented? Number two, we want you to downsize your project. You project's too
large.
Ms. Dougherty: We'll do it.
Commissioner Gort: Forty thousand... well, wait a minute. In looking at all these
alternatives, something came up here during the hearing, which I think it makes a lot of
sense. What's wrong with 27`' Avenue and Dixie Highway? I mean, you got ... you don't
need a traffic study there. You've got plenty of traffic. You got a lot more space than
you do here on this one here and it's in a commercial area. It fits right, and I understand
Dade County Commissioners, and maybe Commissioner Teele can, they've got an idea
where, in each station they want to implement some kind of development. So, I think,
when looking at the alternatives, you should look at all the alternatives.
Ms. Dougherty: Commissioner Gort, if you...
Commissioner Gort: Because the County Commission is going ... the County
Commission is going to make their final decision and I think this should be told to them.
Vice Chairman Plummer: Did you ask a question?
Commissioner Gort: No.
Vice Chairman Plummer: OK. Are you finished? Anybody else?
Ms. Cooper: Would somebody just ask me a question?
155 May 26, 1998
Vice Chairman Plummer: All right. I have a question to the Department. I don't think I
have ever run into this before. Give me an example if you go and you tell them you
wanted to downsize it and they don't agree with you. Is it back before us?
Mr. Garcia: That is certainly within your purview. You can make it...
Vice Chairman Plummer: But I'm ... I'm asking the question. It's not ... as I see it here, I
don't understand it to say all you're saying is downsize. You're not saying downsize 10
percent or 20 or you're not going to get it. Let's assume that what you're striving to get,
which we don't know, they don't agree with. Does that say, if it were to be approved,
that the answer is it's now not approved? If they perform a traffic study and that traffic
study is not what you're asking for your qualifications to be inferred into, is it say no, this
application is not now approved if we were to approve it? I ... I ... I don't understand this
procedure. I don't think I've ever seen a procedure where you say to the City
Commission approve it. Then, throw it to us and we're going to downsize it and we're
going to do this and we're going to do that, whereas said if they don't do what you want
them to do, it's usually the Commission who makes a determination that you're going to
do what we want or you're not going to do what we want. So, tell me where we are if, in
fact, hypothetically, this Commission approves this application today and they don't
agree with you. Where are we?
Ms. Cuervo: Commissioner Plummer, I think Commissioner Teele has ... has raised this
issue, that this is one of those situations where we approve, as to consistency, and the
final approval lies and rests with Miami -Dade County. However, we're here today telling
you that we're recommending approval for consistency, subject to these conditions, that
they make these changes. That's the way our approval would be forwarded to the
County. If you would like to see those changes implemented in their plans prior to
making your approval would come...
Vice Chairman Plummer: OK.
Ms. Cuervo: Your ... your consistent...
Vice Chairman Plummer: Let me tell you how we're going ... how I would like to see it,
all right. If this matter is for approval, I think it should be under the condition that says
that if there is not a complete concurrence between the applicant and the Department, that
it comes back before this City Commission. I don't know how else you can do it. I really
don't. I really don't want that. I would hope that it would have been done before today,
that it ... before it came here, but it's not that case. So, I'm just saying, I think it's only fair
to merely say that if the two do not concur, that it comes back here, if in that fact there are
three votes to approve. Mr. Gort.
Commissioner Gort: My question to staff and you asked it just a little while ago, how
much do you have to reduce it and why you asking to reduce it. You are asking to reduce
156 May 26, 1998
it because it's the lot is not large enough? You're going to eliminate too many parkings?
Why?
Mr. Garcia: Our recommendation presently recognizes that we have reached a level of
comfort in working with the applicant, that this project, in concept, is one that might be
approved. Our concern, again, is the impact on the neighborhood. If the applicant can, in
working with us, raise our level of comfort and indicates through numbers, through
studies, through emprical evidence, so to say that the project is implemented, without a
negative impact, then they would have the City's blessing. Otherwise, they would not.
Commissioner Gort: Yeah. But I think it's important for them and for their Planning
Department to know the reason why, how much you want to reduce, because, then, it
might make more sense to ask the Comm ... the County Commission to let this use the way
it is, as it stands right now without any reduction on 27 b Avenue, which is a commercial
area and an area where you can implement it.
Vice Chairman Plummer: All right. We got to bring it to a close. Is there any
Commissioner that has a pressing question? Mr. Hernandez, this is in your district.
We'll look to you to close. Hello. I'm calling collect.
Commissioner Hernandez: I've listened... always District 3 is the ... I've listened to both
sides and I've been able to hear complaints from the Neighborhood Association. I've
also heard a lot of support from different neighborhood associations. We spent so much
time here talking about social enhancement projects. Children, bringing children
resources to our community. District 3 is definitely one of the poorest districts in the
City of Miami. I always like to listen to our staff and what they recommend and what I
hear from them is, basically, that this project is consistent with the overall plan for the
area. I recommend to my colleagues today, based on what I hear from staff and what I've
read, to approve this plan as being consistent with the overall area plan.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: Further discussion by any members of the Commission?
Commissioner Teele: What is the effect, Mr. Attorney, of this motion? I mean, is this
not merely...
Commissioner Gort: It has to go before the County.
Commissioner Teele: ...advisory?
Mr. Maxwell: Yes, sir.
Commissioner Teele: I mean, I ... I...
157 May 26, 1998
Mr. Maxwell: You're sending ... what happens is, it goes to the County and they take into
consideration the recommendation of the Commission.
Commissioner Teele: I think it's very important that the Commission and the public
understand that this is really, this is no more than our giving our advice. There is no
decision being made here today. None at all. All we're pro ... all we have under the
authority that we've given away as a City Commission years ago is the authority to
provide advice and I think it's important that the homeowners understand, that the issues
that have been raised here today about the scale, the time of operation, none of those
issues are lost. We can't make that decision. We cannot make ... we don't ... we've given
that authority away and I just think it's very important that we put it on the record.
Vice Chairman Plummer: Commissioner Teele, may I, for the record, tell you, sir, we
didn't give it away easily. I fought like a tiger but home rule charter prevailed and they
took it away. We didn't give it away, all right.
Commissioner Teele: Well, I apologize for that. It's not here, today.
Vice Chairman Plummer: I ... that I'll assess ... I'll attest to. Commissioner Hernandez...
Commissioner Teele: And, for the record, if anybody doesn't want this here, if the
museum doesn't want this at the Roads, for whatever reason ... I heard what Commissioner
Gort said, but the best location for this is right across from the Miami Arena, right down
in Overtown. And I'll be more than happy, more than happy to work with you to try to
get it there, since everybody's going to start putting in their plugs. I mean, I just think
this is a beautiful project as it is without reducing the scale and, and it's right across from
the Miami Arena and I mean, you know, I'm hoping you win or whatever but if you don't
win, you're going to have a good friendly voice for it to go downtown.
Vice Chairman Plummer: Mr. Hernandez, Commissioner Hernandez, would you accept a
friendly motion that says that if, in fact, the comfort level between the two is not reached,
that it comes back here? OK.
Commissioner Hernandez: That's fine. That's fine.
Mr. Maxwell: Commissioner?
Vice Chairman Plummer: Mr. City Attorney.
Mr. Maxwell: I ... I would advise that you not add that condition. That constitutes, in my
opinion, improper delegation. You should ... this Commission should make that decision
now. Either you approve it strictly with those conditions and send it on to the County or
you approve it without the con ... or you reject it or modify it. But do not delegate that to
the Planning staff.
158 May 26, 1998
Ms. Cooper: Or continue it.
Vice Chairman Plummer: Well, OK. I hear what you say and if it's improper, I would
withdraw it. But I, I would have to say my vote ... and I want to then say this for the
record, my vote is in principle for a museum of this caliber, which, I think, is a great
thing for this community. I urge Metropolitan Dade County, who will be making the final
decisions that we are concerned about the density. We are concerned about the parking.
We are concerned about the size of the structure and I think that should accompany any
resolution from this City to the County, that we are approving, in principle, that that is all
we really can do. We can't do any more than that. And, as far as I'm concerned, we're
ready to call the question. If I think, excuse me. I have to ask a question for the record.
It is my understanding that my grandson attends this museum. Am I in conflict?
Mr. Maxwell: Sir, no, I do not think you have a conflict, unless you have a financial
interest.
Vice Chairman Plummer: Eighteen months old, but he's supposedly does go to the
museum.
Commissioner Teele: It depends on whether you drive him there in your car.
Vice Chairman Plummer: Well, if there's any conflict or financial interests, I'm sure my
daughter's paying for it. OK. Call the roll, please.
Commissioner Gort: Let me ask you a question. We're recommending and according to
the conditions that set forth by the Planning Department, the reduction of the square
footage, the traffic study to be implemented by the museum or the Dade County. We, in
principle, believe that this is a great project and it might fit better in some other station.
Am I correct? That's my understanding of the motion? If that's the understanding of the
motion, I vote yes.
Unidentified Speaker: No, that wasn't in the motion.
Commissioner Hernandez: That ... I didn't say that.
Vice Chairman Plummer: To the maker of the motion, does Mr. Gort ratify your motion,
yes or no?
Commissioner Hernandez: No.
Vice Chairman Plummer: Mr. Gort?
Commissioner Gort: Then, I have to vote no.
Vice Chairman Plummer: OK, you vote no.
159 May 26, 1998
Commissioner Hernandez: Commissioner Plummer?
Vice Chairman Plummer: I vote yes. It passes four to one. We will pass it onto the
County.
The following resolution was introduced by Commissioner Hernandez, who moved its
adoption:
RESOLUTION NO. 98-530
A RESOLUTION APPROVING WITH CONDITIONS, THE
MIAMI CHILDREN' S MUSEUM PROJECT PURSUANT TO
ARTICLE 4 OF ZONING ORDINANCE NO. 11000, TO BE
DEVELOPED BY MIAMI YOUTH MUSEUM, INC. AND
LOCATED AT THE VIZCAYA METRORAIL STATION AT
THE INTERSECTION OF SOUTHWEST 32ND ROAD AND
SOUTH DIXIE HIGHWAY (US 1), MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Gort
ABSENT: None.
160 May 26, 1998
Vice Chairman Plummer: First of all, let me say, I would like to thank everybody for
conducting themselves as they did this evening. I think that this is the way that all
hearings should be developed. Thank you and we will ask you to exit quietly because we
have a long agenda to go. Thank you very much. We're now on Item 2.
Ms. Cooper: Thank you for your consideration.
Vice Chairman Plummer: Thank you. Mr. Regalado.
Commissioner Regalado: There has been...
Vice Chairman Plummer: I ask, please, that you exit quietly and do your congratulations
and back slapping outside. Mr. Regalado.
Commissioner Regalado: Yes. There's a group of people from the Flagami area that are
here since 2 p.m. I would ask you and the Commission to take up Item 10. I hope it be...
Vice Chairman Plummer: Is that PZ-10?
Commissioner Regalado: PZ-10.
Vice Chairman Plummer: Is there any objection from any other Commissioner?
Commissioner Hernandez: I have no objection, but I'd also like to ask for two things,
Chairman Plummer. One, Item PZ-15 and 16. There's also a large group of seniors that
are here on this item.
Vice Chairman Plummer: All right.
Commissioner Hernandez: That it be taken out of place.
161 May 26, 1998
Vice Chairman Plummer: We will hear ... without exception or objection, we will hear
Item 10 and 11 first. Item 15 and 16 second. Is there any objection? Hearing none...
Commissioner Teele: What was that?
Vice Chairman Plummer: We will hear, out of order, Items 10, 11, then 15 and 16, as
asked by our colleagues.
Commissioner Hernandez: I have also asked, prior to starting on PZ-1, that PZ-3 be
withdrawn.
Vice Chairman Plummer: Is the applicant of PZ-3 here?
Mr. Anibal Duarte-Viera: Yes.
Vice Chairman Plummer: Is there ... are you the applicant, sir?
Mr. Duarte-Viera: No, sir.
Vice Chairman Plummer: You're in opposition?
Mr. Duarte-Viera: Yes. Commissioner Plummer...
Vice Chairman Plummer: And what reason, sir...
Mr. Duarte-Viera: ...I'm Anibal Duarte-Viera.
Vice Chairman Plummer: ...are you asking for a deferment?
Mr. Duarte-Viera: There are certain neighbors that are out of the country at this moment
that wanted to be present at the hearing, that were going to be supporting the application.
Vice Chairman Plummer: You have any major objection that this is put off until the next
meeting?
Mr. Duarte-Viera: This is the second time this has been deferred.
Vice Chairman Plummer: I'm asking a question, sir. If you have an objection, so state it.
Mr. Duarte-Viera: I'm saying, we were here last time ... we were here last time. It was
deferred before the meeting even started.
Vice Chairman Plummer: All right.
Mr. Duarte-Viera: This time it's been deferred...
162 May 26, 1998
Vice Chairman Plummer: Sir, the only question I have to say to you is, the unwritten rule
of this Commission, when a Commissioner ask that it be deferred for further information,
we usually have granted it. Now, if it's a major, major concern...
Mr. Duarte-Viera: Well, this is the second time...
Vice Chairman Plummer: Well, how about it I give you...
Mr. Duarte-Viera: ...it's been deferred.
Vice Chairman Plummer: ...a guarantee there's a charm in the third?
Mr. Duarte-Viera: I will prefer if it could be heard today. I mean, it's ... we've been here
since two o'clock also.
Vice Chairman Plummer: All right. Then I tell you what the outcome will be, sir. The
outcome is, we're going to let you testify but we're not going to make a decision this
evening, OK?
Mr. Duarte-Viera: OK, thank you.
Vice Chairman Plummer: We will take you up proportionately. Item 10.
Mr. Elbert Waters: PZ-10 is to amend...
Vice Chairman Plummer: Item 10, for the record, is 5100 and 5110 Northwest I't street.
Mr. Waters: Ten Northwest 1" Street.
Vice Chairman Plummer: And 40 Northwest 5 1 " Avenue, it is Item 10 and 11. They are
companions.
Mr. Waters: Yes, sir.
Vice Chairman Plummer: I would ask, at this time, that all people that wish to testify in
this matter stand up and raise their hands and be sworn in ... would somebody,
please... Christina, in Spanish, repeat that they must stand up.
Ms. Christina Cuervo (Translating for Commissioner Plummer)
Vice Chairman Plummer: Josephina, would you do it in both English and in Spanish,
please?
Ms. Maria J. Argudin (Translating for Commissioner Plummer)
163 May 26, 1998
Vice Chairman Plummer: In English.
Ms. Argudin (Translating for Commissioner Plummer)
Vice Chairman Plummer: OK. Now, let's try to do this in a very orderly way. Of the
people who are in favor, I would ask that you try to get a group of people together who
would speak in your behalf for like five minutes and people in opposition do the same,
OK? I'm sorry? I ... does anyone have a problem without the Spanish, if we do it just in
English? Does anybody have a problem? Ask a question.
Commissioner Hernandez: Mr. Chairman, you're going to have a problem.
Vice Chairman Plummer: We're going to have a problem?
Commissioner Hernandez: Yes, sir.
Vice Chairman Plummer: OK. So, we're going to have to do it bilingual and that's no
problem. That's no problem. All right. Are you the applicant, sir, in 10?
Mr. Anibal J. Duarte-Viera: The applicant's agent, yes.
Vice Chairman Plummer: Agent or does that mean attorney?
Mr. Duarte-V iera: Attorney, attorney.
Vice Chairman Plummer: OK, sir. So, you have five minutes for your presentation.
Mr. Duarte-Viera: Might be a little bit shorter.
Vice Chairman Plummer: If you would, start off, please, with your name and your
mailing address.
Mr. Duarte-Viera: Anibal J. Duarte-Viera, with offices at 3211 Ponce De Leon
Boulevard, Coral Gables, Florida 33134. Good afternoon, Commissioners. I'm going to
give you the abridged version because I think you've had a long afternoon. In this
application, the applicant is requesting a zoning change from RU2 Duplex Residential to
RU3 Multi -Medium Multi -Family Residential. Basically,...
Vice Chairman Plummer: Mr. Representative Garcia Toledo. Mr. Representative, would
you have a seat, please? Private meetings are outside.
Mr. Garcia Toledo: Yes.
Vice Chairman Plummer: Thank you. Proceed, sir.
164 May 26, 1998
Mr. Duarte-Viera: Basically, the property consists of five residential lots. Currently
zoned RU2. Thank you. Again, basically, the property is composed of five residential
lots. As you can see ... I don't know if everybody can see here. We have one, two, three,
four, five. It's about ... the area of the lot is about 37,000 square feet. Directly to the south
of the property is all ... great. Thank you. Does this count for my five minutes? Thanks a
lot. Again, the property is five lots. The area is about 37,000 square feet. All this
property directly to the south is all zoned RU3. Main thoroughfare, Flagler, Northwest
5 1 " Street. Again, the main thoroughfare, Flagler is right here. This is the proposed
change of zoning property right here. OK. Basically, my client is asking for a zoning
change and right now, I believe, the most he can build is a 65 units per acre. OK. The
neighbors are going to come up here and , as they did in the last board hearing, they're
going to complain about the traffic. They're going to complain about unsightliness.
Basically, to rebut those arguments, right now, located directly west of the proposed
change of property is a school. The ... one of the main drags being used right now for the
parents dropping off and picking up their children is Northwest V Street, directly
adjacent to our property. So, in other words, the traffic is not going to change by the
rezoning of this property, number one. Number two, prior to my client having purchased
this property, which is only about a year ago, and I'm sure the neighbors will attest to this
also, this property was totally abandoned. It was totally unsightly. It was, this was all
vacant, full of debris, full of garbage. The duplex to the north of the property was
abandoned. My client came in here, cleaned it up. And, in essence, my client proposes to
build a condominium. Not rental units, condominiums, where it's going to be ownership
at low costs. Basically, ranging between 75 to a hundred thousand dollars ($100,000).
One of the concerns that neighbors had was basically that there was going to be two
entrances to the site, to the proposed condominium project. On the north side of the
property and on the east side of the property. But my client has agreed, and we've met
with the neighbors and told that that we were only going to open up an entrance and exit
on the east side of the property, thus allowing traffic to exit and enter directly onto
Northwest 5 1 " Avenue and using Flagler as an entrance and exit as a main thoroughfare.
In essence, what I'll do, I'll wait for five minutes for rebuttal. Let the neighbors...
Vice Chairman Plummer: All right. Is there anyone else that wishes to speak in your
behalf, sir? OK.
Mr. Duarte-Viera: No. Excuse me. There's one lady. I'm sorry.
Vice Chairman Plummer: All right. One lady. If you'd come and please give us your
name and mailing address, please.
Ms. Milagros Loyal: Hi. My name is Milagros Loyal. I live at 40 Northwest 51 S`
Avenue. I'm in favor of the place ... the place has been so badly ... we been ... I've been
robbed two times. Nobody takes care of...they complaining but they don't pay no
attention to what's going on in the streets. OK? I've been calling Mr. Regalado. How
many complaints that I have I placed around the places in there for the prostitutes? They
165 May 26, 1998
are stealing everything. Nobody cares. I've been robbed two times. OK. My mom lives
across the street. My mother lives at 40 Northwest 5151 Avenue. She's been robbed one
time. Every ... that is been done at the night time, so we don't have no lights on the streets
and I think that's the best thing that can happen. We have another building on the side
before reaching to Flagler, so I don't even know why they against it. Because...
Vice Chairman Plummer: OK. Thank you very much. You'll have time for rebuttal, sir.
Mr. Duarte-Viera: Thank you.
Vice Chairman Plummer: For the record, if you would, state your name, mailing address
and, since you're a lawyer, if you're a registered lobbyist.
Honorable. Alex Villalobos (State Representative): Good afternoon, Mr. Chairman and
members of the Commission. My name is Alex Villalobos and I am an attorney, but I'm
here, not as a lobbyist or as an attorney, but as a former resident and...
Vice Chairman Plummer: Pro bono?
Mr. Villalobos: Yes. Yes, sir.
Vice Chairman Plummer: All right, sir.
Mr. Villalobos: And as the grandson of my grandmother, who made me come here today.
Vice Chairman Plummer: All right. That is a good vested interest.
Mr. Villalobos: Absolutely. Mr. Chairman and Members, you know, the people that are
here today have taken time out of their busy lives and there's a lady here who had
surgery, a major surgery last weekend, has taken the time to be here the ... of the entire
day. And to address an issue that the lady who just spoke, she mentioned to all of you
that she didn't understand why the neighbors are opposed to this. Well, the reason is
because these people have lived there for over 40 years. They saw Miami developed.
They've been paying taxes and they have established roots in this community and I went
to school at Henry L. Flagler down the street and I lived in the house directly north of the
area that is being proposed to be changed for 14 years. And these people all took care of
me at one stage or another and I probably broke some of their windows and they probably
have pictures of that still but ... they're very concerned about their neighborhood and to say
that this is not going to increase traffic because there's a school at the end is ludicrous. It
is going to increase traffic. If you're talking about 65 units in an area that already has a
public school at the end of the street, it will increase traffic because there's going to be a
number of people that are gong to be using that, in addition to the people that use the
school constantly. Directly to the north of the map on Flagler Street, there are a series of
apartment buildings which are zoned, I guess, according to how the petitioner would like
to have this area rezoned. To the south on Southwest 7' Street, there are a number of
166 May 26, 1998
high rises also. These people are sandwiched and are being strangled by two areas and
they've, all they want is they want to be left alone and they want their neighborhood to be
the same as it was. The petitioner purchased this property and he's right, this property
had been abandoned and had been ill -maintained for many years. But what he did was,
he went in there and he developed it and he fixed up a duplex that sits on that property
and he's failed to rent it. He has no interest in renting this. What he'd like to do is, he'd
like to build a high rise there. Build a series of units there. Make money off of it and
move on. These people are in no condition to move anywhere else after this is done.
They've lived there for 40 years. They deserve to have the respect of this Commission
and they deserve to have the respect of somebody else coming into their neighborhood
and, at this late moment, try to change it into something that it is not. There's a number
of people here that would like to testify before the Commission. I don't know if anybody
would like to get up in the interest of time but that's basically our position.
Vice Chairman Plummer: Our of common courtesy, I'll give two minutes to any one of
the residents who would like to ... how about two or three of you, please?
Mr. Francisco Hena: My ... what did he say? My name is Francisco and I live at 101
Northwest 51' Avenue, right across from the property that we are discussing. I just
bought that property about, close to five years ago. The only reason I bought that
property was because quiet, was residential, and close to the city but not exactly in the
city. In there. Now, we had a problem is they... they... they develop, that there will be
problems with the parking space, other than the problem with people. Exactly. So far
everything has been good. She has complained about the problem he has and today there
is no light over there. OK. The light had to first belong to the City. We don't put the
light there. That's City. There is no light in the street because the City doesn't have light
there. And, other than that, I really believe it's a problem if they develop that ... instead of
duplex, it would be too much, if they will look at more than that. Thank you.
Vice Chairman Plummer: Thank you, sir. There's another gentleman I think wish to
speak. Your name and address for the record.
Mr. Eddy Rodriguez: My name is Eddy Rodriguez, 187 Northwest 51" Avenue. He's
saying 65 units but, from what I understand, multi -density, he can put a lot more than
that, if you guys go ahead and pass it. There's no limit to 65 units.
Vice Chairman Plummer: We'd have to ask ... the Department?
Ms. Cuervo: It's a maximum density of 65 units per acre.
Mr. Rodriguez: Per acre. OK. All right. They're saying there's not going to be an
increase of traffic? I don't see how. We have enough traffic as it is already. When
school let's out, the traffic there is bad as it is now and 65 units, you're talking a lot more
people, a lot more cars. I don't see how it, they can say there's no more traffic. Thank
you.
167 May 26, 1998
Vice Chairman Plummer: Thank you, sir. Mr. Representative, anything else you'd like
to add?
Mr. Villalobos: No, sir. And, again, I'd like to remind everybody that I am here on a
personal capacity...
Vice Chairman Plummer: We're well aware of that, sir.
Mr. Villalobos: Anything else. No, Mr. Chairman. Just to reiterate that, you know, these
people really deserve to have what they have built because they are the ones that built it
over the last 40 years, to maintain the way that it is and not to have somebody come in
now just to make a fast buck, turn around, and move away. So, we would ask that you
consider their wishes and deny the hearings.
Vice Chairman Plummer: Thank you, sir. Sir, you have a couple of minutes of rebuttal.
Mr. Duarte-Viera: Thank you very much. Basically, in conclusion, number one, we met
with Villalobos, Sr., the Representative's father, the representative of the neighbors also
and I sat down with him and I told him, look, we're willing to cut the number of units.
As a matter of fact, we went down to 20, number one. Number two, which today I'm
telling the Commission, we're willing to condition that. Number two, I told them we're
willing to condition the number of stories. We're not going to build a high rise. We'll go
two stories.
Vice Chairman Plummer: Two?
Mr. Villalobos: Two stories. Just two stories. We told them we'd condition it also.
Number three, we told them we'd form a buffer along 51' Avenue, whereby there
wouldn't be any entrance/exit. We'd leave ... excuse me. Thank you. We'd leave these
existing two lots exactly the way they are. They're duplexes and all we'd build on them
would be the interior part, with a parking lot here. So, in other words, the only ... the
building structure would be adjacent to RU3. Adjacent to RU3. Right there. In other
words, it wouldn't affect this area at all. The entrance would be on Northwest 5 1 " Street,
two stories. We'd go down to 20 units. I mentioned that. But I guess the neighbors
don't want us to build anything, although, we have 37,000 square feet of property. You
know, we're...
Vice Chairman Plummer: Did you proffer that at the lower board?
Mr. Villalobos: No, we did not.
Vice Chairman Plummer: So, it's not a volunteer covenant?
Mr. Duarte-Viera: But...
168 May 26, 1998
Vice Chairman Plummer: Well ... OK. What I'm saying is, is that he did not do it
previous to now. So, what he is now going on record, for the record, is that you are
willing, if this Commission were to approve to give a covenant, no more than two
floors...
Mr. Villalobos: Absolutely.
Vice Chairman Plummer: Which is 20 feet.
Mr. Villalobos: That's correct.
Vice Chairman Plummer: And no more than 20 units.
Mr. Villalobos: Well, we'd like more but if the Commission not be willing to give us
anymore, we'll accept 20 units. Absolutely.
Vice Chairman Plummer: Hey, you know, cut your cheese. You're saying ... sir, I'm only
asking because it might or might not make or break you on a motion.
Mr. Villalobos: That's correct.
Vice Chairman Plummer: OK. And that you're willing to put a buffer wall in and that
you are willing to leave the two duplexes there.
Mr. Villalobos: That's correct.
Vice Chairman Plummer: OK. Just for the record, if Af...we understand. OK. Go ahead
and wrap it up, if you would, for whatever else you wish to say, sir.
Mr. Villalobos: Basically, that's it. Aside from the fact that we have approval from
Planning and Development, the department which, I believe, is essential. And, by the
way, they approved it for the full property, not on the condition used, which I am now
proposing. They approved the full 37,000 square foot lot.
Vice Chairman Plummer: All right.
Mr. Villalobos: Thank you.
Vice Chairman Plummer: Thank you, sir. And we'll close the public hearing at this time
and ask for discussion among Commissioners. Mr. Regalado?
Commissioner Regalado: Mr. Chairman, I'm ready to make a motion and...
Vice Chairman Plummer: You want to hold it for a minute?
169 May 26, 1998
Commissioner Regalado: I would hold it if you want to. I think that we have heard both
sides. I have seen the property. I have ... I went to the area yesterday. I drove around the
area and talked to some of the neighbors, so my motion is to deny the change.
Vice Chairman Plummer: All right. Is there a second? Is there a second?
Commissioner Gort: For discussion, I'll second.
Vice Chairman Plummer: For discussion, Commissioner Gort seconds the motion.
Under discussion, which I thought I started to do before. Commissioner Teele? Hello?
No discussion? Commissioner Hernandez?
Commissioner Hernandez: I'm always concerned with the residents and what's most
concerning to me at this point is the overall ... whelming findings of the Planning and
Development Department. Looking at the findings, and I really don't hear anything from
the opposition, other than, obviously, the residents don't want it and they think there's
going to be increased traffic. But the findings that I read in the backup from the approval
by the Department of Planning and Development is one, the proposed change will
represent an extension of the existing designation already exist there in the south part.
They have stated that traffic and an increase in level of services is not going to bring a
proposed difference to the area. It will not change the existing conditions and character
of the particular neighborhood. Three, it will enhance the general appearance of the area.
We have a ... pretty much of an empty lot there, correct? Is that what we have there?
Mr. Duarte-Viera: That's correct. That's correct.
Mr. Villalobos: No, Commissioner, that is not correct.
Commissioner Hernandez: What do we have, two duplexes?
Commissioner Regalado: We have a duplex there.
Commissioner Hernandez: We have a duplex.
Mr. Villalobos: You have approximately three duplexes there and just to correct,
not ... not to argue but just to correct what was being discussed. It's not that the residents
don't want anything built there. There's already existing structures there and they have
been improved.
Mr. Duarte-Viera: Excuse me. If I can just correct that.
Vice Chairman Plummer: Sir ... excuse me. The public hearing is closed. If a
Commissioner ask you a question, you can respond. Commissioner Hernandez.
170 May 26, 1998
Commissioner Hernandez: Well, just... just... well...
Mr. Duarte-Viera: He did ask me a question. He did ask me a question.
Vice Chairman Plummer: I'm sorry. Did he ask a question?
Commissioner Hernandez: Yeah, I did. I did ask him a question.
Vice Chairman Plummer: I'm sorry. Did you ask a question? I'm sorry. I do apologize,
sir.
Commissioner Hernandez: But he was answering my question, which is fine.
Mr. Duarte-Viera: That's OK. There are existing structures, which are two duplexes,
which are going to remain. If the conditions are approved, those two will remain. The
balance is vacant. The balance is vacant.
Vice Chairman Plummer: Does that answer your question?
Commissioner Hernandez: Yeah. Well, that's where I was getting to. But the bottom
line is that the Department is stating that this area number one, it's not in conflict with a
comprehensive plan and, number two, that the zoning should be changed. Now, that's
according to the Planning Department's findings and that's what I'm basing my
discussion on today. I have not heard really much of a rebuttal to the findings of the
Department by the opposition and that's all I'm stating.
Mr. Maxwell: Mr. Chairman, just for the record, could...
Vice Chairman Plummer: Mr. City Attorney.
Mr. Maxwell: Just point out that all of the voluntary proffers that have been made by the
applicant should be considered only in light of Item PZ-11, not the Comprehensive Plan.
You can't place any conditions on a comp plan, so that ... those would only come into play
if you approved Item 10 and then moved to 11.
Vice Chairman Plummer: If you don't approve 10, then Item 11 is dead?
Mr. Maxwell: That's right.
Vice Chairman Plummer: All right.
Mr. Maxwell: You should automatically reject it but you would have to vote on it.
Vice Chairman Plummer: Mr. Gort? Any other ... Mr. Teele?
171 May 26, 1998
Commissioner Teele: Mr. Chairman, thank you. I mean, I'm very much persuaded by
the professional staff s recommendations, so I didn't second the motion because I think,
you know, one of the things that we've got to do is continue to allow for in -field and this
can't be done based upon a popular vote of what the residents want. We've got to have
an orderly process of development and this community needs to rely on the professional
development of the professional staff and I just don't hear anything that countervenes the
recommendations of the Planning Department.
Vice Chairman Plummer: Is there any further discussion?
Commissioner Regalado: Yeah. I just wanted to say...
Vice Chairman Plummer: Commissioner Regalado.
Commissioner Regalado: I'm surprised that we hear now that they are offering 20
apartments. My understanding was that there was 75 apartments or condominium units.
How many you said?
Mr. Duarte-Viera: Well, it's ... the code permits for, I believe, 65 per...
Commissioner Regalado: Sixty-five.
Mr. Duarte-Viera: Which ours is 37,000 square feet. It's about three quarters of an acre,
so...
Commissioner Regalado: Your plans were 65, right?
Mr. Duarte-Viera: No, no, never. I think it's 30 units maximum that wanted...
Commissioner Regalado: OK. I ... Mr. Chairman, I'm ready to vote. I introduced a
motion. The motion is for denial of the change. I went to that area. I represent that area
and I am ready to vote.
Vice Chairman Plummer: Any further discussion?
Commissioner Gort: Let me ask a question.
Vice Chairman Plummer: Mr. Gort?
Commissioner Gort: My understanding is, there is an offer being done now and I find in
my experience in sending to the Zoning Board here that sometimes it's a lot better to send
this back and let the applicant sit down with the neighbors and maybe, with both parties
working together, they can come up with an idea that could be amicable to everyone and
it'll be an improvement for the Committee and for that community.
172 May 26, 1998
Commissioner Regalado: No. The problem that I see, Commissioner, is that these
people have been there since two o'clock and, you know, the only issue that they talk
about for the past four or five weeks or seven weeks is this situation. We might as well
resolve it now. If you want to approve it, approve it. If you want to deny it, deny it.
That's up to you all.
Commissioner Gort: I understand what you're saying but sometimes it's a lot better to
take a defer and I'm sure they're willing to come back and to get a positive for it.
Commissioner Regalado: I know that this is not a popular vote.
Commissioner Gort: Well, why don't you let the applicant...
Commissioner Regalado: I know that this is not a popular vote. I went there. I rode
around and I ... this is why I took my position. I'm presenting this motion. You all want
to vote against it, it's fine with me.
Ms. Cuervo: Commissioner...
Vice Chairman Plummer: Administration.
Ms. Cuervo: I just want to comment that the covenant that's being proffered substantially
reduces the density in the project. Based on the square footage, they will be able to build
approximately 55, 56 units and I guess the proffered 20 units and the buffer, there will
be ... will enhance, I think, some of the concerns that the neighbors have expressed.
Again, the Department has recommended approval but if there's any other questions?
Vice Chairman Plummer: Thank you. No further discussion? Call the roll.
Commissioner Hernandez: You're voting yes for...?
Commissioner Regalado: You're voting yes for denial.
Commissioner Hernandez: I vote no.
Commissioner Teele: No.
Vice Chairman Plummer: No.
Commissioner Teele: Reverse motion.
Vice Chairman Plummer: Reversed motion is on the floor. Is there a second?
Commissioner Hernandez: Second.
173 May 26, 1998
Mr. Maxwell: After reading the ordinance?
Vice Chairman Plummer: I'm sorry?
Mr. Maxwell: I have to read the ordinance.
Vice Chairman Plummer: I've got to get a second first.
Commissioner Hernandez: I'll make a second.
Mr. Maxwell: Excuse me.
Vice Chairman Plummer: Thank you.
Commissioner Gort: Before we go to defer a motion...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I'd like to make a motion to defer this item, let them get together
and, once again ... I'm telling you people, sometimes, when the applicants and the
residents get together, they can come up with a plan that everybody agrees to it.
Vice Chairman Plummer: Mr. Teele.
Commissioner Gort: You're shaking your head no, but you're losing right now. At least
you get a chance to sit down and try to come up with...
Commissioner Teele: I mean... Commissioner Gort has had a lot of experience in this. I
mean, look, it's a close call. It's obviously a three/two vote. It's probably going to be
three to pass it if everybody votes the same way. If there is a way to defer it and to get
everybody on the same page, I will support Commissioner Gort's effort. I recognize what
Commissioner Regalado's doing.
Vice Chairman Plummer: All right. Do you withdraw your motion to approve, to
acquiesce to Commissioner Gort to defer?
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: Mr. Gort, you make a motion to defer?
Commissioner Gort: I move ... make a motion to defer.
Vice Chairman Plummer: Is there a second to defer?
174 May 26, 1998
Commissioner Teele: To defer it, I will second it if it ... as long as it's deferred to the next
meeting as the first item. The next zoning meeting.
Commissioner Hernandez: To do what? What are they supposed to do?
Vice Chairman Plummer: To defer it, to get together with the neighbors, is what I
understand.
Commissioner Teele: To defer for the purpose of...
Commissioner Hernandez: Working this out.
Vice Chairman Plummer: For one last chance. What?
Mr. Maxwell: Continue.
Commissioner Hernandez: To continue. We've got to continue this item.
Vice Chairman Plummer: To continue. I'm sorry. My ... I'm just used to the word defer.
Commissioner Teele: To continue.
Vice Chairman Plummer: OK.
Commissioner Teele: For the purpose of having a meeting with the neighbors and the
Planning Department and both sides for the purpose of working out a compromise as
outlined by Commissioner Gort.
Vice Chairman Plummer: OK. Now...
Commissioner Gort: But...
Vice Chairman Plummer: Excuse me. Christina, would you please explain in Spanish
what the Commission is about to vote on?
Commissioner Regalado: Let me explain it to them.
Vice Chairman Plummer: Mr. Regalado ... no, I prefer you not to do it.
Commissioner Regalado: No, I have to explain my position.
Vice Chairman Plummer: Oh, your position, yes.
Commissioner Regalado: (Commissioner Speaking in Spanish to audience) That's what I
wanted to say, Mr. Chairman.
175 May 26, 1998
Vice Chairman Plummer: All right. And does that conclude the consensus of the
Commission?
Mr. Duarte-Viera: I'd like that the applicant be recognized for a minute.
Vice Chairman Plummer: The applicant has been asked to be recognized. Sir?
Mr. Duarte-Viera: I'd ... just on the motion that's on the floor, I, on my own initiative,
after the last zoning hearing, I talked to Mr. Villalobos, Sr., ask him to come to my office.
We sat down for several hours.
Unidentified Speaker (Speaking in Spanish).
Vice Chairman Plummer: Thank you. Gracias. Now, sir...
Mr. Duarte-Viera: I went ... I spoke with Mr...
Vice Chairman Plummer: ...would you answer Commissioner Hernandez' question?
Mr. Duarte-Viera: I spoke with Mr. Villalobos, Sr., at length, for about three hours, in a
meeting we had at my office. I expressed to him my concerns. He expressed to me his. I
told him what we would do. He went back to the residents and he came back to me
several weeks later and he told me that there was going to be, absolutely, no compromise.
Vice Chairman Plummer: Can I make a suggestion to you, sir?
Mr. Duarte-Viera: Absolutely.
Vice Chairman Plummer: Be quiet. You're going to lose. OK?
Mr. Duarte-Viera: Thank you.
Vice Chairman Plummer: OK. If you don't defer this, you're going to lose. I'm going to
tell you that because I'm the swing vote.
Mr. Duarte-Viera: Deferred.
Vice Chairman Plummer: All right. Is there any other discussion?
Commissioner Gort: Commissioner, I'd like to explain the reason, the same thing I said
in English...
Vice Chairman Plummer: Mr. Gort, you have the floor, sir.
176 May 26, 1998
Commissioner Gort: (Commissioner speaking in Spanish to audience): They don't want
a deferral, so, you tell me what you want. A deferral or not? I mean, I don't want to
waste anytime. I don't ... you want the decision today?
Vice Chairman Plummer: Wait, wait. Excuse me. One at a time.
Commissioner Gort: You're the representative. You want to defer, right?
Mr. Duarte-Viera: Yes.
Commissioner Gort: OK.
Commissioner Hernandez: Or continue it.
Vice Chairman Plummer: All right. No. We're going to call the roll. We have spent
over 40 minutes on this. All right. Now, does any Commissioner have anything else to
say? The motion, as I understand, on the floor, we, we understand ... is to defer until the
next zoning meeting, which is June - I'm sorry, continue until June the 23`d, the first
zoning agenda items, so you don't have to sit here. And that the purpose of this is for the
applicant to meet with the neighbors in a public meeting, with the Department present,
for the purposes of trying to find an area of compromise. Am I correct? Is anyone else
have any other opinion? If not, call the roll.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-531
A MOTION TO CONTINUE CONSIDERATION OF AGENDA
ITEM PZ-10 (FIRST READING ORDINANCE TO CHANGE
FUTURE LAND USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN AT 5100 AND 5110 N.W. 1 STREET
AND 40 N.W. 51 AVENUE FROM DUPLEX RESIDENTIAL
TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL) TO
THE COMMISSION MEETING PRESENTLY SCHEDULED
FOR JUNE 23, 1998, AS THE FIRST ITEM ON THE ZONING
PORTION OF THE AGENDA; FURTHER INSTRUCTING THE
CITY MANAGER TO DIRECT DESIGNATED
REPRESENTATIVES FROM THE PLANNING DEPARTMENT
MEET WITH AREA RESIDENTS AND APPLICANT IN AN
ATTEMPT TO RESOLVE THEIR DIFFERENCES.
177 May 26, 1998
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
Commissioner Tomas Regalado
ABSENT: None.
Vice Chairman Plummer: Now, Mr. City Attorney, do we need to even consider Item 11
tonight?
Mr. Maxwell: You need to continue it to the same date.
Vice Chairman Plummer: A motion to continue Item 11 by Gort. Seconded by
Hernandez. Call the roll. Thank you very much.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-532
A MOTION TO CONTINUE CONSIDERATION OF AGENDA
ITEM PZ-II (FIRST READING ORDINANCE TO CHANGE
ZONING AT 5100 AND 5110 N.W. 1 STREET AND 40 N.W. 51
AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR
JUNE 23, 1998.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
Commissioner Tomas Regalado.
ABSENT: None.
178 May 26, 1998
Vice Chairman Plummer: We are now on item 15.
Commissioner Gort: Item 15.
Vice Chairman Plummer: I am sorry. Wasn't 15 and 16... Somebody... Hernandez...
Commissioner Hernandez: Yes.
Unidentified Speaker: Thank you, Mr. Chairman.
Vice Chairman Plummer: ... did you ask for 15 and 16 and 16?
Commissioner Hernandez: Fifteen and sixteen.
Vice Chairman Plummer: All right. The City of Miami is the applicant. Please exit
quietly, and I thank you very much. We will see you on June the 23rd. Gracias.
Unidentified Speaker: Thank you, so much.
Vice Chairman Plummer: Buenas noches. OK, who... ? The City of Miami is the
applicant on item 15 and 16, is for approval by the Planning Advisory Board as well as
the department. Are there any questions by any one of the...?
Commissioner Teele: Move it.
Commissioner Hernandez: I move it.
Vice Chairman Plummer: Move. The item is moved by Commissioner Teele, seconded
by Commissioner Hernandez and now we will have discussion. Mariano.
Mr. Mariano Cruz: No... is what I was going to say.
Vice Chairman Plummer: We really don't need him unless there is going to be a...
179 May 26, 1998
Mr. Cruz: I have to say very little. For the record, Mariano Cruz , 1227 Northwest 26rh
Street, City resident and taxpayer of the City. I am a federal taxpayer and a lot of this
money that come from... for the Artime Center have been federal, I mean, federal money.
And I wonder in this, this...
Vice Chairman Plummer: Excuse me. The Artime Center is a tremendous loss, it is not...
Mr. Cruz: No, but let's... let me say what I have to say.
Vice Chairman Plummer: OK.
Mr. Cruz: I know it's a tremendous loss.
Vice Chairman Plummer: OK. All right.
Mr. Cruz: The... the B52 on top there flying is a tremendous loss, too.
Vice Chairman Plummer: I hear you.
Mr. Cruz: But we need them to fly, right?
Vice Chairman Plummer: I hear you.
Mr. Cruz: OK. Well, is... going about this, this change of zoning is for selling them, but
I don't see anything here about... figure out... Is the Overtown Shopping Center too,
going on the block? The Overtown Shopping Center is going on the block, too?
Vice Chairman Plummer: Could you answer that?
Mr. Cruz: That's been a tremendous loss too, with the grocery store and all the things
there.
Ms. Chrstina Cuervo (Assistant City Manager): No.
Vice Chairman Plummer: The answer of the administration is, to your question, the
answer is no.
Mr. Cruz: Well, I want to know that. What about the Caribbean Marketplace going on
the block too?
Vice Chairman Plummer: The answer is, maybe.
Mr. Cruz: And, and we have to ask...
Vice Chairman Plummer: Maybe.
180 May 26, 1998
Mr. Cruz : And we have to ask the County if the Joe Caleb Center is going on the block
too.
Vice Chairman Plummer: That is not in the City, sir.
Mr. Cruz: Oh, I know. I know. As I say, we have to ask the County, OK?
Vice Chairman Plummer: All right.
Mr. Cruz: The County. Now one thing, remember that... Why? I don't know why the
Artime with all the non-profit and the things going there. Just the other day, I was there
with the Nicaraguan people, there was something going on there, so I was there, too.
Two Sundays ago. Maybe that's... because now, we got the Tower Theater. We have
poured millions and millions and millions of dollars and nothing, yet. And I don't
know... but we are doing away with the Artime Center and we are building the Towers...
So, the cultural things and whatever, I am at lost. How come we are putting so much
money into that? Let's leave the Artime Center, or find out what's wrong there... There
is plenty of Community Development money for that center. If they use Community
Development money for the Brickell West apartments and the one way... whatever they
are doing around there, they can use one way money for the Artime Center, too. They
can do it, and that's my money. My family, we pay last year over twenty-five thousand
dollars ($25,000) in federal taxes, not including Social Security monies or retirement
monies. We pay a lot of money in federal taxes, and I pay specifically, a lot of money in
federal taxes. So, I would like to see my money going to the Artime Center or the
federal... or specifically, CDBGs (Community Development Block Grant) that's going to
other places, especially welfare for the rich.
Commissioner Hernandez: Are we discussing a change in zoning there, or...?
Vice Chairman Plummer: Thank... We are not changing zoning. He's speaking to the
issue that he prefers it not to be sold because he thinks it's a City treasure.
Mr. Cruz: That's a step for selling it.
Vice Chairman Plummer: I understand that, sir. Sir, your name and your mailing
address, please.
Mr. Orestes Noriega: Yes, my name is Orestes Noriega. I am the executive director of
the Lions Home for the Blind who is at the Manuel Artime Community Center. My
residence is 4840 West 2°d Lane, Hialeah. I am coming to talk about... on behalf of my
agency plus some other agencies that are there. I believe you have the right to do
whatever you want with the Manuel Artime Community Center, but you have to bear in
mind that is the only Hispanic Community Center in the City of Miami. Also, you have
several agencies there who have been serving the community for many years, as the
181 May 26, 1998
Home for the Blind for 25 years have been helping the blind in our community. You
have Action there who are helping elderly. You have also the Catholic Bureau who is
doing a tremendous job helping the needy. I believe one of the reasons we don't care too
much about the Manuel Artime Community Center is, because that place represents only
the poor, the rejected, the person who has no voice whatsoever. You don't see any
lobbyists talking about the poor people in Tallahassee, in Washington or here. I believe
that is a mistake to try to sell those buildings. I think that... before you do something like
that, I believe the Commission should sit with all the agencies there and see if we can
feasible... something to save that... that place for the community. Thank you.
Vice Chairman Plummer: You are welcome, sir. Is there any further discussion? Let's
make the record clear, that which is before us is for a change of zoning today. It is not for
the purposes of sale or not sale, even though the City has indicated that it is their intent to
sell it.
Mr. Noriega: But, excuse me, Commissioner. This is a... in my opinion, this is the first
step to follow... with the following. Because when you change the land use to
commercial, you are opening that for selling. I see the bids on the Miami Herald about a
month or two months ago. You...
Vice Chairman Plummer: Sir, I am not disagreeing with you.
Mr. Noriega: OK. But...
Vice Chairman Plummer: You can only speak to the item before us. Now, you could
speak against the rezoning or for the rezoning.
Mr. Noriega: No, I am against the rezoning.
Vice Chairman Plummer: All right.
Mr. Noriega: That is the reason I am talking about that.
Vice Chairman Plummer: And that's legitimate, sir.
Mr. Noriega: Yes.
Vice Chairman Plummer: That's legitimate.
Mr. Noriega: OK.
Vice Chairman Plummer: OK. Oh, we got double trouble. For the record, if you would,
give us your name and mailing address. One at a time.
182 May 26, 1998
Ms. Lourdes Santos: Sure. Good evening, my name is Lourdes Santos. My address is
1512 Southwest le Street. I live in Little Havana, and I am FIU (Florida International
University) Social Work student.
Vice Chairman Plummer: OK. And...
Ms. Maria Rodriguez: I am also a Social Work student. My name is Maria Rodriguez
and I also live at 1512 Southwest 10'h Street.
Vice Chairman Plummer: And you wish to testify?
Ms. Rodriguez: Yes. Against the rezoning.
Vice Chairman Plummer: OK.
Ms. Rodriguez: OK. We are both residents. We've always... I have always been a
resident of Little Havana since birth, and the reason why we have come here today is to
offer our support to all the elderly, disabled and all of the children in the day care
programs, families in need, to speak out on their behalf as many can't do so today. A lot
of these people don't speak English and they don't feel comfortable, or they don't feel
comfortable with the language. The Manuel Artime Community Center has assisted the
members of Little Havana for over 20 years and is currently the only community center in
the Little Havana area.
Ms. Santos:: Which serves thousands of thousands of needy people.
Ms. Rodriguez: The reason why we are here is... How could we not come out to speak
so that their needs don't go ignored? If this... If this is not considered, the consequences
could be drastic. I mean, even fatal for many. We urge you to, please remember those
who depend on the center to rebuild their lives and we believe they deserve an
opportunity. Don't you?
Ms. Santos: Not only that. There has also been... we have to keep in mind that there
has also been other changes. Like the Welfare Reform Act which also affected a lot of
immigrants, OK? So we are going to take away from them the only little piece of help
they have. I mean, I don't know why I am studying social work, if the City of Miami is
not going to help us. What is the sense of us studying this career? We are here to help
and support the needy. That's what social work is all about. And this change will... the
change of zoning will definitely lead to the sale of the building which in turn will lead to
no services. So, we beg you...
Vice Chairman Plummer: Is that it?
Ms. Santos: ... to please consider this.
183 May 26, 1998
Commissioner Gort: For your information, to answer one of your questions. Continue to
do social service. There is a lot of volunteer work. But the City of Miami over 15 years
ago, passed that on to the County. So, social service programs are being provided by the
County and by the State and the federal government. We sometimes act as a conduit...
Ms. Santos: Uh-huh.
Commissioner Gort: ... for the monies coming from the federal government, so don't be
discouraged. Continue to study because we need people like yourself.
Ms. Santos: Right, but I mean, I would like to see all of us work together at this.
Commissioner Gort: We all do, believe me.
Ms. Santos: We all live in the same place.
Commissioner Gort: Believe me, we all do. Everybody that sits here works in everyone
of those agencies. We either founded it, or we work for it, or we implemented it.
Ms. Santos: So hopefully, you'll support it.
Commissioner Gort: Now that's just for your knowledge, OK?
Vice Chairman Plummer: And we thank you for being here.
Ms. Roque: Thank you.
Vice Chairman Plummer: Anyone else?
Commissioner Hernandez....
Commissioner Gort: I do.
OK. We will close the public hearing.
Vice Chairman Plummer: ... this is in your district.
Commissioner Gort: No, I have a question.
Commissioner Hernandez: No, no, don't look at me...
Vice Chairman Plummer: Commissioner Gort.
Commissioner Gort: Let me ask as question. And a point which was brought up...
Vice Chairman Plummer: To the administration?
184 May 26, 1998
Commissioner Gort: ... just about every neighborhood does have a center. We do not
have one in Little Havana which has a great need for the... for the needy. My question is,
my understanding is, are we separating the theater ...
Commissioner Hernandez: Yeah, that's my...
Commissioner Gort: ... from the building?
Ms. Christina Cuervo (Assistant City Manager): I believe that the sale that's out is on...
it's separate.
Commissioner Hernandez: Uh-huh.
Commissioner Gort: It's separate. Because the building... My second question is,
because I used to be the executive director of Little Havana Development Authority in
there and we paid rent. Do the people there pay rent?
Ms. Lori Billberry (Lease Manager/Asset Management Office): Some people do pay
rent, others are there at a dollar ($1) a year.
Commissioner Gort: OK. What I would like to recommend and like to see some of your
social services agencies is... I know you don't have as a line item part of your budget, but
maybe you should look into increasing your donations towards the building so, at least,
we can either break even or come close to breaking even and that way we would not have
to get rid of the building. The only reason we have to get rid of the building is not
because of the value of the sale on the property, it is the maintaining of the property that
we are trying to reduce some of the cost.
Vice Chairman Plummer: And one of the major problems is the condition of the
building. That's the maintenance on that building is incredible.
Ms. Cuervo: And the sale of this building is included...
Vice Chairman Plummer: OK, well now you have separated the two. What are we
voting on now? Both buildings or one?
Ms. Cuervo: We are voting on both buildings.
Vice Chairman Plummer: OK.
Ms. Cuervo: The change in land use and the change in zoning on both buildings and
understand that...
Vice Chairman Plummer: But the intent of the City is only to sell one of the two, or
both?
185 May 26, 1998
Ms. Billberry: No, we have issued an RFP (Request for Proposal) for both buildings, but
we have done it separately, so you can bid on either of the two.
Vice Chairman Plummer: OK.
Ms. Cuervo: And the bids are due at the end of June.
Vice Chairman Plummer: OK. Is there any further discussion by members of the
Commission? Is there any further discussion?
Commissioner Regalado: Well, I think, you know, that the City has put up for sale many
properties and Manuel Artime being one of them. But we also need to understand and we
should start directing the administration to look for places in case of the building being
sold. Because what this Commission did throughout 20 years cannot undo in one year or
six months. There are many important organizations that are there now and they just
don't have the resources to pay more. As a matter of fact, I tried to help one organization
that could not... could not pay the one hundred and fifty dollars ($150) more. Because if
they do, they have to fire one part-timer. So, there is something that we should consider
when we make this decision.
Vice Chairman Plummer: OK. Let's move on.
Commissioner Regalado: OK.
Vice Chairman Plummer: Is there a motion on 15? For the second time, is there a
motion on 15?
Ms. Cuervo: Let me also...
Vice Chairman Plummer: Just wait a minute. I don't have a motion on the floor.
Mr. Walter J. Foeman (City Clerk): Commissioner, there is a motion on the floor.
Vice Chairman Plummer: For the... There is... Who made the motion?
Mr. Foeman: Commissioner Teele.
Vice Chairman Plummer: All right, is there a second?
Mr. Foeman: And it was seconded by Commissioner Hernandez.
Vice Chairman Plummer: By Commissioner
Commissioner Hernandez: No, no, no, no. Wait a second.
186 May 26, 1998
Vice Chairman Plummer: Hello?
Mr. Foeman: No? He said he did not...
Commissioner Hernandez: I didn't second it...
Vice Chairman Plummer: All right.
Commissioner Hernandez: ... and I want to make a comment on the record, right off the
batk.
Vice Chairman Plummer: Well, wait a minute. Let's don't even make any comments...
Commissioner Hernandez: All right. OK.
Vice Chairman Plummer: ... until I get a second of the motion.
Commissioner Hernandez: All right.
Vice Chairman Plummer: A motion is made on item 15, PZ by supposedly by
Commissioner Teele to approve.
Commissioner Gort: ... the motion.
Vice Chairman Plummer: And we are now asking, is there a second because the Clerk,
his eardrums were clouded. Is there a second to the motion to approve, for the second
time?
Commissioner Teele: Well, I'll be happy to withdraw rather than to face the humiliation
and not have a second.
Commissioner Gort: Let me, let me...
Vice Chairman Plummer: Is there a withdrawal of the motion?
Commissioner Gort: Question, yes.
Vice Chairman Plummer: Question?
Commissioner Gort: We are under discussion. Question.
Vice Chairman Plummer: What is your question?
Commissioner Hernandez: It is a first reading ordinance...
187 May 26, 1998
Commissioner Gort: Can it be separated?
Ms. Cuervo: The zoning and the land use change?
Vice Chairman Plummer: No, the building.
Commissioner Gort: It's got to be... No, the land use.
Ms. Cuervo: Oh, no. Yes, yes we can change the... But it will affect...
Commissioner Gort: Can we make the....? We can always make the motion for less.
So you can... Your motion is for the theater portion of the land use, correct?
Commissioner Teele: My motion was to support the management...
Commissioner Hernandez: Yeah.
Commissioner Teele: ... and the management staff until these FIU students got up. And
I don't want them writing a thesis on me.
Vice Chairman Plummer: Boy, it's amazing what pretty girls can do. All right, the
question is...
Commissioner Gort: Make a motion for lesser.
Vice Chairman Plummer: ... and I think it's a legitimate question. Can we approve...
Commissioner Gort: The theater.
Vice Chairman Plummer: ... the change on the auditorium and not on the office
building?
Commissioner Gort: So move.
Vice Chairman Plummer: I am asking.
Commissioner Gort: So moved.
Ms Cuervo: I am sorry, I didn't hear your question.
Vice Chairman Plummer: Can we make the change just on the auditorium and not on the
office building?
188 May 26, 1998
Ms. Cuervo: We can, but I want to stress that it may affect our ability to sell the
property. This is part of our budget for fiscal year '98. This is part of our budget
solution. It is in the five-year plan, and it ultimately could deter the sale on the property.
Now, again, this is first reading and our bids are due back on June 24t'. We do have the
second hear... the second reading on June 23", we could potentially delay that to see
what we can...
Vice Chairman Plummer: You could eventually lose, so you better start thinking
otherwise. Mr. Gort, what do you wish to do?
Commissioner Gort: I wish at this time to make the motion for the lesser zoning which
is the part where the theater is located.
Vice Chairman Plummer: OK.
Commissioner Gort: Now my understanding is... Let me ask you another question,
there is a building in between and it is not owned by the City.
Mr. Joel E. Maxwell (Deputy City Attorney): I think you may... May I, Commissioner?
Commissioner Gort: Sure.
Mr. Maxwell: I think you need to be very clear about exactly what you are splitting up
here, so the record is clear as to which parcel that we are talking about. Because I
assume, I assume you are talking about specific lots?
Commissioner Hernandez: The theater, yeah.
Commissioner Gort: Right, OK. Question. There is a building in between the theater
and the arc of the property, office use, which is a senior center. Is it...? Who owns that
building?
Ms. Cuervo: Dade County.
Commissioner Hernandez: Uh-huh.
Commissioner Gort: Dade County. Who owns the property underneath the building?
Ms. Cuervo: Dade County.
Commissioner Gort: OK, so you cannot have the rezoning for the whole area. So
that's an error right there.
Ms. Cuervo: No, it's my understanding that...
189 May 26, 1998
Mr. Maxwell: Why not?
Commissioner Gort: OK. Yes, you can as long as it is un... OK.
Vice Chairman Plummer: The zoning, you can.
Commissioner Gort: Would it be lot one and...?
Ms. Billberry: Well, the address is 900 Southwest First Street and I can get the exact
legal for the theater.
Commissioner Gort: OK, I will move for 900 Southwest First Street.
Vice Chairman Plummer: OK, there is a motion to approve less the 900. Is there a
second?
Ms. Maxwell: Is the...?
Ms. Billberry: To approve less or to keep it the way it is?
Vice Chairman Plummer: To keep the 900?
Commissioner Gort: No, to keep it to 900.
Ms. Cuervo: To keep the 900 GI?
Vice Chairman Plummer: To keep the 900. OK.
Commissioner Gort: No, no, no. Change the 900...
Ms. Cuervo: Change the 900 to commercial.
Commissioner Gort: ... which is the corner building
Vice Chairman Plummer: OK, the auditorium.
Commissioner Gort: Right.
Mr. Maxwell: Is that on the corner...?
Ms. Cuervo: Keep the 900 GI.
Vice Chairman Plummer: All right there is motion made to change the zoning on just the
auditorium. There is a motion by Commissioner Gort, is there a second?
190 May 26, 1998
Mr. Maxwell: You haven't read the ordinance.
Vice Chairman Plummer: There is a second by Commissioner Teele, OK? Call the roll.
Excuse me. You know it is very difficult for him to read and hear 47 people. Please? Mr.
Maxwell.
[NOTE FOR THE RECORD: AT THIS TIME, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE RECORD.]
Vice Chairman Plummer: Call the roll.
Commissioner Teele: Mr. Chairman, now the community...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Now, the community center is not included in the change?
Commissioner Hernandez: Correct.
Commissioner Teele: Is that correct?
Commissioner Regalado: No, it's not.
Mr. Maxwell: OK, so this would be...
Vice Chairman Plummer: It's just the auditorium.
Mr. Maxwell: This would not be... This would be excluding then...
Commissioner Hernandez: Excludes it.
Ms. Cuervo: Excluding 970 Southwest I" Street.
Vice Chairman Plummer: The office structure is not included.
Mr. Maxwell: OK.
Commissioner Hernandez: Right.
Vice Chairman Plummer: It is only the auditorium.
Ms. Billberry: And excluding Dade County's building.
Vice Chairman Plummer: Of course.
191 May 26, 1998
Unidentified Speaker: Well, I don't know...
Commissioner Teele: Now the people that have testified understand that they won if this
passed? That they... that the community center is not included in the motion. You
understand that?
Vice Chairman Plummer: Yeah, but if they win, they wouldn't want to come back and
that is... Call the roll. You come back like a bad penny.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION FOR THE PROPERTY LOCATED AT
APPROXIMATELY 900 SOUTHWEST 1ST STREET (MANUEL
ARTIME AUDITORIUM) FROM MAJOR INSTITUTIONAL,
PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES,
TO RESTRICTED COMMERCIAL; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Teele, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that
copies were available to the members of the City Commission and to the public.
192 May 26, 1998
Vice Chairman Plummer: I assume 16 is under the same under the same present
conditions. If you will read the ordinance.
Mr. Joel E. Maxwell (Deputy City Attorney): An ordinance... Do you have a motion and
a second?
Vice Chairman Plummer: Motion by Commissioner Gort, seconded by Teele.
Ms. Cuervo: 900 Southwest 1 s` Street.
Vice Chairman Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE
NO. 35 OF THE ZONING ATLAS OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM GA GOVERNMENT AND INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY
LOCATED APPROXIMATELY 900 SOUTHWEST 1ST STREET,
MIAMI, FLORIDA, (MANUEL ARTIME AUDITORIUM);
MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
193 May 26, 1998
was introduced by Commissioner Gort, seconded by Commissioner Teele, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that
copies were available to the members of the City Commission and to the public.
Vice Chairman Plummer: Who was the one that requested that they had a child who has
a final exam tomorrow on Ransom School? Is that person still here? Is the person ... the
child still here? I'm sorry, the young lady. All right. I'm ... I'm going to ... sir, if you're
going to be brief, I'm going to let you run.
Unidentified Speaker: I believe we will be very brief.
Vice Chairman Plummer: All right. Is there opposition here on Item 5? If there is
anyone on Item 5... five, OK? All right. Adios. All right. The ... silence. Silencio.
Gracias. All right.
Commissioner Regalado: Did we vote on it?
Vice Chairman Plummer: Yes, we did. Where were you?
Commissioner Regalado: I was here.
Vice Chairman Plummer: Wake up.
Commissioner Regalado: You voted ... you voted for me?
194 May 26, 1998
Vice Chairman Plummer: All right. Item 5. Department.
Mr. Elbert Waters: Yes. Item 5, this is an appeal of the Zoning Boards decision for
3575...
Vice Chairman Plummer: Please be quiet.
Mr. Waters: ...Main Highway. This is the Ransom Everglades School Incorporated. The
Planning Department recommends approval of the variance. The Zoning Board denied
the variance with a vote of five to three. Planning Department recommends.
Vice Chairman Plummer: All right. Is there anyone here in opposition? Is there anyone
here in opposition? All right. All persons wishing to testify will raise their right hand
and be sworn in. Fine. There's no opposition. OK. All right. You two sit down and let
the young lady come up and testify. Your name for the record and your ... no, don't even
give your mailing address. You're too pretty to do that. You live in Coconut Grove?
Ms. Camilla Velasquez: No, I live in Key Biscayne.
Vice Chairman Plummer: OK. Key rat.
Ms. Velasquez: OK. My name is Camilla Velasquez and I'm a Junior at Ransom
Everglades School. And, just for the record, I have filled out and submitted my lobbyist
registration form, so, it's OK.
Commissioner Gort: Did you pay the five hundred dollars ($500.00)?
Ms. Velasquez: Yeah.
Vice Chairman Plummer: You did? No.
Ms. Velasquez: I think so.
Vice Chairman Plummer: No. We'll give you a refund if you did.
Ms. Velasquez: OK. I'm here today on behalf of my fellow students to ask you to,
please approve the height of the proposed auditorium as we've requested. And I'm here
to tell you a little bit about what Ransom means to me.
Vice Chairman Plummer: Very brief.
Ms. Velasquez: To its students and its faculty and to the surrounding community. As
you probably already know, Ransom is a non-profit charitable school and it recognize
leader and education in Miami, the State of Florida and throughout the nation. The
school was recently recognized in the Sun -Sentinel as one of the top 50 high schools in
195 May 26, 1998
the United States. Ransom also has an excellent record of college acceptances each year
and all graduating seniors end up going onto four year colleges. Members of this year's
senior class have already been accepted at well over a hundred colleges and universities
throughout the U.S. And after graduation, most students come back to Miami to become
contributing members of our South Florida community. I go to a school where my fellow
students, like myself, are as ethically diverse as the residents in Miami. In addition,
Ransom is proud of the fact that it provides, each year, well over a million dollars
($1,000,000.00) on a need base financial aid to its students. Miami means a lot to
Ransom Everglades and Ransom means a lot to Miami. And we give back to our Miami
community everyday. You may not know that all of our upper school students participate
in an annual Community Service program and we students contribute more than four
thousand hours of service each year to over 60 Miami community agencies, ranging from
churches and temples to hospitals, homes for the elderly, and peer tutoring programs.
This auditorium means a lot to the students, especially the ones in the Performing Arts
Program, like myself. And, if approved, it would give the chance ... give a chance for
students who have talent or interests in performing arts and theater, to have a venue
where they can practice and really perform their best. I'm in the band program and, right
now, because of space constraints we can't even perform on our own campus. We have
to practice in a closed basement room, frequently disturbing students in the classrooms
above. On behalf of all my classmates, I look up to you today and hope that you will take
what I've said into consideration as you make your decision. Thank you very much.
Vice Chairman Plummer: Sound like a commercial to me. Isn't this where Kelly goes to
school?
Ms. Velasquez: Who?
Vice Chairman Plummer: Kelly Ireland.
Mr. Waters: Yes, it is...
Vice Chairman Plummer: The runner. Is there a motion?
Commissioner Teele: So moved.
Vice Chairman Plummer: Is there a second?
Commissioner Hernandez: Second.
Mr. Maxwell: This is an appeal...
Vice Chairman Plummer: All in favor...
196 May 26, 1998
Mr. Maxwell: This is an appeal ... this is an appeal. If you are in favor of the appellant,
this will be a resolution reversing the decision of the Zoning Board and granting the
variance.
Vice Chairman Plummer: There's a motion to reverse the decision.
Commissioner Teele: That was my motion.
Vice Chairman Plummer: That was your motion. Second.
Commissioner Hernandez: Second.
Vice Chairman Plummer: You two were just excellent and just fantastic tonight. Of
course, you're going to lose but that's all right. Call the roll. All in favor say "aye."
The Commission (Collectively): "Aye."
Vice Chairman Plummer: All opposed.
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 98-533
A RESOLUTION, WITH ATTACHMENT, REVERSING THE
DECISION OF THE ZONING BOARD AND GRANTING A
VARIANCE TO PERMIT A STRUCTURE WITH THE HEIGHT
OF 44'-9" (25'-0" MAXIMUM ALLOWED) FOR AN
EXPANSION TO AN EXISTING SECONDARY SCHOOL FOR
THE PROPERTY LOCATED AT APPROXIMATELY 3575
MAIN HIGHWAY, MIAMI, FLORIDA, MORE
PARTICULARLY LEGALLY DESCRIBED HEREIN; ZONED
R-1 SINGLE-FAMILY RESIDENTIAL AND SD-18 MINIMUM
LOT SIZE DISTRICT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
197 May 26, 1998
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Young lady, you did one fantastic job.
Commissioner Teele: Yes. She's moving in your district as soon as she gets 18.
43. AMEND SECTION 2 OF R-98-315 — APPROVE WITH MODIFICATIONS'
PLACEMENT OF BILLBOARD BY EAST COAST ADVERTISING — LOCATION':
15 N.W. 72 STREET APPLICANT: EAST COAST ADVERTISING.
Vice Chairman Plummer: That's right. All right. These two gentlemen that want to
testify, that had been delayed and, for a second time, what is your item number, please?
Mr. John Westbrook: PZ 3 and 4.
Vice Chairman Plummer: I'm sorry?
Mr. Westbrook: PZ 3 and 4.
Vice Chairman Plummer: Three and four.
Commissioner Teele: But, Mr. Chair ... Mr. Chairman, so that we can do this in order...
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: Can we take up two, three and four, in that order?
Vice Chairman Plummer: OK.
Commissioner Teele: I would move Item 2.
Vice Chairman Plummer: All right. Hold on a minute. Hold on. Because, you know,
we're reaching the amen time.
198 May 26, 1998
Commissioner Gort: Second.
Vice Chairman Plummer: There's a motion on Item 2. It is request...
Commissioner Teele: This is the ad ... it's already been approved. I noticed the wrong
address, 77nd Street and it's...
Vice Chairman Plummer: Yeah. All right. There's a motion to approve. Is there a
second?
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded. Any fav... any opposition? Yes, sir.
Mr. Waters: With conditions.
Vice Chairman Plummer: What?
Mr. Waters: With conditions.
Vice Chairman Plummer: Have they agreed with the conditions?
Mr. Waters: And, for the court record...
Vice Chairman Plummer: They have agreed with the conditions?
Ms. Cuervo: Yes.
Commissioner Gort: All in change of times. Yeah.
Vice Chairman Plummer: All right.
Unidentified Speaker: Landscaping improved the area.
Mr. Waters: Yes. And can we...
Vice Chairman Plummer: All right.
Commissioner Teele: A lot of landscaping.
Vice Chairman Plummer: All right.
Mr. Waters: ...have that be ... become a part of the record...
199 May 26, 1998
Commissioner Teele: They should be ashamed of themselves.
Vice Chairman Plummer: All right. All in favor, say "aye." Any opposition? Show
unanimous.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 98-534
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION
NO. 98-315, ADOPTED ON MARCH 24, 1998, TO CHANGE
THE STREET ADDRESS FROM 515 NORTHWEST 71ST
STREET TO 515 NORTHWEST 72ND STREET, MIAMI,
FLORIDA, FOR WHICH EAST COAST ADVERTISING'S
REQUEST TO PLACE AN OUTDOOR ADVERTISING SIGN
(BILLBOARD) WAS APPROVED.
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
44. CONTINUE CONSIDERATION OF AGENDA ITEM PZ 3 (APPEAL OF
ZONING BOARD DECISION DENYING VARIANCES TO PERMIT SETBACKS AT
1520 S.W. 11 STREET) TO MEETING OF JUNE'23, 1998.
Vice Chairman Plummer: All right. Now, understand, on Item 3 and 4 what we're
doing. As a matter of courtesy to these two gentlemen who wish to testify, we're going
to take your testimony this evening. We are not going to make a decision, but your
testimony will be taken into consideration at the time, at the June meeting when this is
continued to.
200 May 26, 1998
Mr. John Westbrook: May we come back?
Vice Chairman Plummer: Oh, absolutely, sir.
Mr. Westbrook: OK.
Vice Chairman Plummer: Matter of fact...
Commissioner Teele: If they come back, they've probably taken it up.
Mr. Westbrook: Well, because the...
Vice Chairman Plummer: It's your choice, sir.
Mr. Westbrook: Well, I'd like to just make a very brief comment. Less than a minute.
Vice Chairman Plummer: You got it.
Mr. Westbrook: OK. PZ3...
Vice Chairman Plummer: Wait. Before you do that, you got to be sworn in.
Mr. Westbrook: That's right. 1 already... well, I was sworn in on another item so...
Vice Chairman Plummer: Oh, shame on you. All right, swear him in. OK,sir. Now
you're name and mailing address, please.
Mr. Westbrook: My name is John Westbrook, W-E-S-T-B-R-O-O-K, 1823 Southwest
13"' Street, Miami, Florida. I'm presently the, president of the Shenandoah
Neighborhood Association and I've been here a number of times on this issue and one
reason we wanted to speak today, we've been numerous times to Planning and Zoning
meetings where this property and representatives for this property have continuously
deferred it. You know, sort of game, how many times do we have to defer this until no
opposition shows up? Probably, sum total, we've spent 20/30 hours here waiting for a
hearing on this. This is the third time this has been before the Commission. The request
for variance for this property, under the City Code, there are five requirements for a
variance and this property meets none of them, that I can tell. I'd asked for special
conditions and circumstances, which are peculiar to the land structure or building
involved and not ... and which are not applicable to other lands, structures or buildings in
the same zoning district. They do not meet that qualification. The special conditions and
circumstances do not result from the actions of the petitioner. They do not meet that.
Literal interpretation, the provisions of this zoning ordinance deprives the applicants of
rights commonly enjoyed by other properties in the same zoning district. They're asking
for rights that other people don't have in the area. Fourth, granting the variance requested
201 May 26, 1998
conveys the same treatment to the individual owner, as to the owner of other lands,
buildings or structures in the same district. I want ... I'm not going to go through the last
two, although they're consistent with that. What they've done in an R-1 lot is, they built
within one foot eight inches of the back property line. Your summary says 10 foot
required for an accessory structure. My understanding is, the plans that they have filed
with the City repose that they ... they connect the existing home with an existing structure
in the back. That requires a 20 foot setback. OK? So they're asking ... what they're
proposing would ... would require an even stricter setback, a larger setback. Side setback
is five feet. This is a single family home, which has stairways to the second floor on both
sides. It was cited in 1995 for illegal units. Cited again in 1998 for illegal units. There
were three kitchens, which ... two of which have apparently been removed. You know, I
don't want to take up anymore time today but, you know, it just ... it just gets very
frustrating to have to come back and play the game and ... did you not hear about the
hearing? And ... you know, this is ... this has clearly been a properly...
Vice Chairman Plummer: Are your comments about the same on Item 4?
Mr. Westbrook: Yes, sir.
Vice Chairman Plummer: OK. Now, there was no ... to my knowledge, the only request
for the continuance was on three. Is the applicant here on four?
Unidentified Speaker: Yes, sir.
Vice Chairman Plummer: Sir, are you asking to be continued or are you asking to be
heard?
Unidentified Speaker: To be heard.
Vice Chairman Plummer: All right, sir. So let's handle first and foremost... well, there's
a big difference. It's two different locations. That's the biggest difference. All right. On
Item 3, a motion to continue.
Commissioner Teele: Mr. Chairman, I would...
Unidentified Speaker: I wish speak also.
Commissioner Gort: That was done already.
Vice Chairman Plummer: Oh, you wish to speak also? I'm sorry, sir. You didn't stand
up to be sworn in.
Commissioner Teele: Mr. Chairman, may I just inquire about one...
Vice Chairman Plummer: Mr. Teele.
202 May 26, 1998
Commissioner Teele: I'm not, if there are violations, as indicated, is ... shouldn't it be
shown on the, do we normally list them?
Commissioner Gort: We should.
Ms. Cuervo: It ... it's listed on your fact sheet. On the first page of your fact sheet, it
shows what the violation cited was and in both situations it was work completed without
a permit. And I assume that these items are here as a result of those violations they're
trying to correct and legalize the ... the work that has been done, that's not ... that's an
encroachment or is not in conformance with the Zoning Board.
Vice Chairman Plummer: I can tell you, Christina, that this Commission requested that
in cases where there are code enforcement or violations of this code, that the inspectors
be here at these hearings. You're here.
Mr. Rafael Rodriguez: I'm the NET Administrator for this area.
Vice Chairman Plummer: Very good. I didn't see you hiding in the back. All right, sir.
Commissioner Teele: Mr. Chairman, and, secondly...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: ..just as a matter of procedure, how ... how many ... how many
deferrals do we normally grant? There's been discussion or testimony that this has been
deferred twice.
Mr. Jose Echagarrua: Zoning, it was deferred two times.
Vice Chairman Plummer: Up here is what he's asking.
Commissioner Teele: OK. Here.
Mr. Echagarrua: I understand. But we also came to the zoning meetings and we're
coming to these meetings also.
Commissioner Teele: Did ... all right. But ... but let's be very clear. It's only been deferred
one time...
Ms. Cuervo: Exactly. What ... what you see as being deferred has been, I believe, the
action in front of the Code Enforcement Board. And pending the outcome of their
attempts to legalize the situation here at the Commission level.
Commissioner Teele: Thank you, Mr. Chairman.
203 May 26, 1998
Vice Chairman Plummer: All right. Now, you wish to testify on three, under the same
pretense that we let this other gentleman speak. You make your thoughts known, but it
will not be decided this evening. So go ahead, sir. Were you sworn in before?
Mr. Echagarrua: No, sir.
Vice Chairman Plummer: OK. Mr. Clerk. For the record, your name and mailing
address.
Mr. Echagarrua: Jose Echagarrua, 1815 Southwest 10h Street. What the attorney, I
believe, stated before, he wanted it deferred because a neighbor was out of town and was
not able to make it. We're neighbors also. We were able to make it. We took time for
all the times it's been diverted in zoning. All the times, now it's going to be deferred for
a second time. We're going to have to come back because if we don't show up, you
know, they're going to try to push it through. I don't think that that's a valid reason for
deferring something, because a neighbor could not show up. Neighbor's not an expert
witness. You know, we're neighbors. I think you need to, you know, find a valid reason
for deferring something, not just because somebody says it's not a neighbor. You know,
I would like to hear what the other Commissioners think about that because I don't think
it's fair to make us keep coming back. You know, we are neighbors also and we're
taking times out of our lives. I think you need to consider what the facts are. The facts
are that they do not meet any of the criteria for variance. You know, the admin... NET
Administrator is here. Everybody's here, except the people that are, you know, standing
up for their case. I just don't think it's right. Where are the rights of the other neighbors?
You know, it's the second time you defer it. It just doesn't seem like it's the right thing
to do. So, I think that you should reconsider, maybe.
Vice Chairman Plummer: Thank you. The motion on the floor is to ... to continue until
June the 23`d. Was that a motion? Did somebody make it?
Commissioner Teele: I thought that was the agreement that Commissioner Hernandez
had made when it came up. But, I mean, I'm in very much in agreement that the
Commission should adopt a procedure, an ordinance that basically governs this. I mean,
after one deferral...
Commissioner Gort: That's it.
Commissioner Teele: After one deferral, I think the presumption should be that we're
going to go forward and maybe any further deferrals require unanimous vote or
something like that. Because I just don't think it's fair.
Commissioner Gort: I'll tell you, when I was on the Zoning Board, a lot of times, if you
were short, I remember you were allowed one deferal and that's it. The next one had to
be heard. I think we should take some ... unless they come up...
204 May 26, 1998
Vice Chairman Plummer: Well, you know, I ... I was on the Zoning Board a lot longer
than you were.
Commissioner Gort: No, you weren't.
Vice Chairman Plummer: Yes, I was.
Commissioner Gort: No, you weren't.
Vice Chairman Plummer: Yes, I was. But, no, the point was...
Commissioner Gort: That was a hundred years ago.
Vice Chairman Plummer: Under normal...
Commissioner Gort: Things have changed quite a bit.
Vice Chairman Plummer: Under normal circumstances, one deferral was the prevailing if
one Commissioner asked for more information. But there were times when we had a
continuance and, then, at the next meeting, there was not a full board and we always gave
consideration to people who had the right for a full board for their hearing. Well, one
each. So, all right. Now, let's get off the dead nickel. Before us now, on Item 3, are we,
in fact, going to continue this until the 23ra9 It was my understanding that's what we
were going to do.
Commissioner Teele: That was the consensus that Commissioner Hernandez...
Vice Chairman Plummer: All right.
Commissioner Teele: ...had made and...
Vice Chairman Plummer: Then, it is a motion by Commissioner Teele. Seconded by
Commissioner Gort. All in favor, say "aye." Opposition? Showing none. It is an item
for June the 23ra
The Commissioner (Collectively): Aye.
205 May 26, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-535
A MOTION TO CONTINUE CONSIDERATION OF AGENDA
ITEM PZ-11 (FIRST READING ORDINANCE TO CHANGE
ZONING AT 5100 AND 5110 N.W. 1 STREET AND 40 N.W.
51 AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL TO R-
3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL) TO
THE COMMISSION MEETING PRESENTLY SCHEDULED
FOR JUNE 23, 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 Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
None.
ABSENT: Commissioner Humberto Hernandez.
45. DENY APPEAL OF ZONING BOARD DECISION FOR VARIANCE TO
PERMIT STRUCTURE WITH REAR SETBACKOF 5'-7" FOR EXISTING
ADDITION TO SINGLE FAMILY RESIDENCE — LOCATION: 1636 S.W. 11
STREET - APPLICANT: PABLO & ANA VALDES.
Vice Chairman Plummer: Now, Item 4. Item 4, come forward, please. Anyone wishing
to testify in Item 4, who has not previously been sworn in, please stand, raise your right
hand and be sworn in, please. OK. All right. The Department, please.
Mr. Roberto Lavernia: For the record, Roberto Lavernia, with the Department of
Planning and Development. The recommendation of the Department was denial.
Finding that there's no hardship to justify this variance that is out of proportion with the
lot and that it could easily accommodate more than the permitted one dwelling unit.
Vice Chairman Plummer: Was this code violations?
Mr. Lavernia: Yes.
206 May 26, 1998
Vice Chairman Plummer: Inspector, please?
Mr. Rafael Rodriguez: Rafael Rodriguez, Coral Way, NET Administrator. We, in this
we got a case for work without a permit. We also had a case for illegal units. The
kitchen has been removed, so that case have been dropped. We only got pending is work
without a permit and that's why they're here in front of you today. Because they need a
variance in order to pull a permit.
Vice Chairman Plummer: OK. For the record, sir, if you'll state your name and mailing
address and proceed. You have three minutes.
Mr. Felix Valdes: Yes. My name is Felix Valdes. Mailing address is 12704 Southwest
115 Terrace. That's mine, my father's. I'm representing my father. It's 1636 Southwest
1 Vh Street, Miami, Florida 33135. We're here today because, in the other zoning board
meeting we had, everything that was looked at, really, the five foot setback, five
foot ... point seven foot setback, which is 20 required. That wasn't even looked at when we
were here at, last board meeting. They, what they were looking at is the illegal unit,
which there is no illegal unit right there. When that, this to start off, this ... this here ... this
is a grandfather, piece of it, half of it is grandfathered in with the City. OK. And ah,
woe, I went blank. Ah, we were looking to see if...if you can take a look at this, review
this, and see that we're ... we're here. We're not asking for much here. This was a
grandfather. It was five feet from ... five foot seven from the setback. We're not asking
for that. That was done already. We just added 10 more feet to that ... to that location
right there. And, you know, last... last... the last board, all they looked at was the illegal
units, which, it's not there. This... this ... he ... he enlarged this prop ... this piece of property
right there because my sister got married and she needed a place to live and she ... he said,
hey, let me ... let me do this here for you so you can stay here. That thing there is not used
more as ... that's not used as a illegal unit. That's used as a ... we have a pool there, next to
that unit ... that place there, we have a pool and that's used like a entertainment for people
that go to the pool. You know, they have... that's... that's all it's used for.
Vice Chairman Plummer: OK. Anything else you want to say right now, sir?
Mr. Valdes: Right now, I want to hear what they have to say and see...
Vice Chairman Plummer: I'm sure you will. Anyone wishing to testify against the
issue? Is there anyone wishing to testify against the issue on Item 4? Yes.
Commissioner Gort: Well, I'd like to know about the grandfathered in.
Mr. Rodriguez: Yes, there was a portion of the property grandfathered in.
Ms. Cuervo: A portion.
Vice Chairman Plummer: OK.
207 May 26, 1998
Commissioner Gort: What ... what was the setback on that portion, do we know?
Mr. Lavernia: Five/seven.
Commissioner Hernandez: Five/seven.
Mr. Lavernia: That was grandfathered in and was extended.
Commissioner Gort: Wait a minute. The variance in front of us today is the five/seven.
Mr. Rodriguez: Yes. For ... for the new part. Not for the part that was grandfathered in.
Commissioner Gort: The part grandfathered in, that's what I asked you. What was the
setback on that?
Mr. Rodriguez: Five/seven.
Ms. Cuervo: Five/seven.
Commissioner Gort: Five/seven.
Ms. Cuervo: It was just extended.
Mr. Rodriguez: Was extended, yes.
Commissioner Gort: Extended laterally but the same setback that was grandfathered in.
Mr. Rodriguez: With the same setback, yes, sir.
Vice Chairman Plummer: So, is the only violation they have then, that they did it without
a permit? Is that the only existing code violation?
Mr. Rodriguez: The ... the only existing violation we got now we cited is work without a
permit. And this used to be an accessory structure. What they did, they continue the
same line of construction, so that's why the setback is the same as the...
Vice Chairman Plummer: All right. My question is, with what they have there, can they
get a permit to legitimize it under the South Florida Building Code?
Mr. Rodriguez: Well, they do need to comply for any other requirements once it go to
obtain the building permit.
Vice Chairman Plummer: But can they get a building permit?
208 May 26, 1998
Mr. Rodriguez: If ..if the variance is approve.
Vice Chairman Plummer: OK. The gentleman wish to speak on Item 4?
Mr. Juan Gonzalez: We just like to say ... I was sworn in before. Do I need to be sworn in
again?
Vice Chairman Plummer: No, not if you were sworn before.
Mr. Gonzalez: OK. What happens is, this sets a precedence if people going to start
adding things to their property and it is not legal, sets a precedence for everybody else
that comes after them because they're allowing variances to, you know, accept illegal
structures. You know, we're against this because that is what, you know, is ruining the
neighborhood, all these illegal structures.
Vice Chairman Plummer: All right, sir. Does your cohort...
Unidentified Speaker: One ... one further comment. I mean, the structure that they're
referring to that ... that had a setback of five/seven was not a living unit. It should be
clarified that that was, I believe, a separate structure. That was a garage.
Vice Chairman Plummer: Sounds like a cabana.
Unidentified Speaker: Now it has bathrooms and ... you know, now it's a living structure.
I believe it was cited for illegal unit. I'm not sure there's anyone living there now but...
Vice Chairman Plummer: OK.
Commissioner Gort: Let me ask a question. My understanding is, grandfather in, you
could add, you can add on 25 percent, no more than 25 percent and if you come, comply
with all the, if a property grandfathered in, my understanding ... and correct me if I'm
wrong ... you can add certain percentage, but you cannot go beyond certain percentage.
Mr. Valdes: The rule basically is 50 percent for the South Florida Building Code.
Commissioner Gort: Right. How much of the...
Unidentified Speaker: Isn't it a setback?
Commissioner Gort: No, no, not the setback. I'm talking about the ... the grandfathered
part, the new building that was more than 50 percent. OK.
Vice Chairman Plummer: All right. Is there anything else that anybody wishes to say?
I'll give you two minutes for rebuttal, sir.
209 May 26, 1998
Mr. Valdes: Well, right now, you know, I just need to hear the verdict, you know. I wish
you guys look ... look at the plans and see where we have the pool. We have everything
set up there. It's ... you know, it's not ... nothing illegal units. It's just ... he made that
addition for my sister and, you know, he made ... he made a mistake at that time and we
trying to fix it now, you know.
Vice Chairman Plummer: I'll close the public hearing. Is this ... Mr. Regalado, is this
yours?
Commissioner Regalado: No, sir.
Vice Chairman Plummer: Mr. Hernandez? Mr. Hernandez?
Commissioner Regalado: That is District 3.
Vice Chairman Plummer: Huh?
Commissioner Regalado: Three.
Vice Chairman Plummer: What's three?
Commissioner Regalado: District 3.
Vice Chairman Plummer: Oh, District 3. I'd like for him to close. All right. He's on his
way. Public hearing is closed. Commissioner Hernandez, this is in your district. We
would like you to make a motion. That is Item 4.
Juan Gonzalez (Building and Zoning): Commissioner, if I may, let me verify that.
Vice Chairman Plummer: Sir. For the record, your name.
Mr. Gonzalez: Juan Gonzalez, Building and Zoning. The way the South Florida
Building Code is, they've mentioned a 50 percent of the total structure, not just the non-
conforming section of it.
Commissioner Gort: Right, right. But the existing structure can not go beyond 50
percent of the total existing structure.
Mr. Gonzalez: Well, this is ... yeah, this is ... remember that this has not gone beyond that,
not of the total structure. Not the 50 percent rule.
Mr. Gonzalez: What they're doing is, they're getting a variance for the setback but, as far
as the 50 percent rule for the South Florida Building Code, they have not exceeded that.
Because they measure it out of the total structure, not just the non -conforming section of
it.
210 May 26, 1998
Ms. Cuervo: Does that even need a variance?
Mr. Gonzalez: Yes, they need a variance for setbacks.
Commissioner Gort: They need a variance for that but my understanding, Juan, is, if you
have a location 10 by 10, 50 percent of 10 by 10, that's all you can add.
Mr. Gonzalez: Well ... well, no. That's because you're... there's two codes. There's a
South Florida Building Code and a Zoning Code. The Zoning Code doesn't restrict you,
except for lot coverage, how much you could add to a main structure. It ... or the non-
conforming part is, that's why they're getting a variance. The South Florida Building
Code is what restricts you to 50 percent of the total structure square footage.
Vice Chairman Plummer: OK. Commissioner Hernandez?
Commissioner Hernandez: Just if you can brief me on one ... one issue... several issues.
One, was the property ... did they purchase the property... number one, first of all, is there
an open code enforcement case on this? There is? Outstanding violations? Outstanding
fines?
Mr. Rodriguez: No, no. It hasn't been in front of the Code Enforcement Board, but we
do have a case.
Commissioner Hernandez: But there is a notice of violation, obviously?
Mr. Rodriguez: Yes, there is.
Commissioner Hernandez: And did they purchase the property with a violation existing
or did they create the violation?
Mr. Rodriguez: They ... I stated on the record that it was built by them.
Commissioner Hernandez: Let me just...
Vice Chairman Plummer: What does the aerial photo show? Well, you've got aerial
photos. No, I mean ... how long has it been there? Sir, you're under oath. You're saying,
that when your father purchased this property that the violations were there. Now,
remember, you're under oath.
Mr. Valdes: Right.
Commissioner Hernandez: He purchased the property
Vice Chairman Plummer: And, for the record...
211 May 26, 1998
Mr. Valdes: No, no, no, no, no, no. It ... the violations were there? No, they weren't. He
was the one that ... let me ... let me ... let me brief him a little because he ... he got here and he
hasn't heard...
Commissioner Hernandez: I was hearing and listening ... go ahead.
Vice Chairman Plummer: Yeah. Be ... because, you know...
Mr. Valdes: Oh, you were? You were hearing? OK. This ... this...
Vice Chairman Plummer: The grandfather clause might not come into effect.
Mr. Valdes: This is a grandfather... it's a grandfather.
Commissioner Hernandez: OK.
Mr. Valdes: OK. And we just added 10 foot more. And that's... we're... we're just trying
to put in records that those 10 feet ... you know, trying to get permits for those 10 feets and
that's all we're asking here.
Vice Chairman Plummer: OK. Before I fall asleep, Mr. Hernandez...
Commissioner Hernandez: What... what ... I have a question for the applicant.
Vice Chairman Plummer: Ask any question you wish, sir.
Commissioner Hernandez: What ... what did you ... what was the addition, the 10 feet
addition for?
Mr. Valdes: OK.
Commissioner Hernandez: What was grandfathered in? Let's put it that way. What
structure was there?
Mr. Valdes: OK. Grdfathered in was 10 by 20 and we added 10 by 20 because, as I
said, my sister got married and my father said let me do that there for my sister, you
know. And now it's used like recreation because we have a pool just beside it.
Commissioner Hernandez: I ... I have to make a motion supporting the recommendations
of the Planning and Development Department.
Vice Chairman Plummer: And that is to?
Commissioner Hernandez: To deny the variance.
212 May 26, 1998
Vice Chairman Plummer: Deny the variance. Is there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded. Is there a discussion? Hearing none, all in favor
say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its
adoption:
RESOLUTION NO. 98-536
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND DENYING A VARIANCE TO PERMIT
A STRUCTURE WITH A REAR SETBACK OF 5'-7" (20'-0"
REQUIRED) FOR AN EXISTING ADDITION TO A SINGLE
FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1636 SOUTHWEST 11 STREET, MIAMI,
FLORIDA, MORE PARTICULARLY LEGALLY DESCRIBED
HEREIN; ZONED R-1 SINGLE-FAMILY RESIDENTIAL.
(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.
Vice Chairman Plummer: Sir, your denial ... your variance ... your request has been denied.
Mr. Valdes: Can I ask a question? Just one...
Vice Chairman Plummer: You can ask a question very quickly, yes, sir.
Mr. Valdes: OK. This ... it's been denied for the extra 10 feet?
213 May 26, 1998
Vice Chairman Plummer: That is correct.
Commissioner Hernandez: I was going to ask you if you wanted to remove the 10 feet,
the ... the grandfather can stay, obviously, but just the 10 feet is what you're going to have
to demolish.
Mr. Valdes: OK. So we can keep the grandfather but leave ... I mean, take off the other?
Commissioner Hernandez: Correct.
Mr. Valdes: That's all...
Commissioner Hernandez: Correct.
Mr. Rodriguez: Yes, that ... that's right. However, they have to pull building permits for
the grandfather part of the construction.
Vice Chairman Plummer: Yeah, of course. They've got to have a building permit. OK.
Commissioner Hernandez: You can legalize the grandfather part.
Mr. Valdes: Yeah.
Commissioner Hernandez: OK.
Vice Chairman Plummer: All right. Now, let me ask a question. What are these people
here for? Members of the public, are you here for a special item? Which one, ma'am?
Unidentified Speaker: Number 13.
Vice Chairman Plummer: Thirteen. Is there anyone else in the public? I want to
take... Steve, what do you got?
Mr. Steve Helfman: Seven and 20.
Vice Chairman Plummer: All right. Well, we're going to take for this lady here, Item 13.
214 May 26, 1998
Unidentified Speaker: Thank you.
Vice Chairman Plummer: All right. Item 13 is 3188 Southwest 18'h Street and 1801
Southwest 32"d Avenue. What is that?
Mr. Roberto Lavernia: Thirteen and fourteen are companion items. It's the land use and
the zoning change that the City is the applicant, trying to correct a mistake that was
done...
Vice Chairman Plummer: What is the ... is it a facility? Is it a property?
Mr. Lavernia: It's a property.
Vice Chairman Plummer: Privately owned?
Mr. Lavernia: Private... privately owned.
Vice Chairman Plummer: Are these the owners of the property?
Mr. Lavernia: Yes, they are.
Vice Chairman Plummer: OK. And you've made a recommendation for approval?
Mr. Lavernia: Yes, sir.
Vice Chairman Plummer: Do I hear a motion on 13?
Commissioner Gort: Move it.
Commissioner Regalado: I have a motion to approve.
Vice Chairman Plummer: Moved by sec ... moved by Gort. Seconded by Hernandez.
Read the ordinance.
215 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN
BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTIES LOCATED AT APPROXIMATELY 3188
SOUTHWEST 18TH STREET AND 1801 SOUTHWEST 32"D
AVENUE, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner
Hernandez, and was passed 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.
Vice Chairman Plummer: Somebody explain ... you speak English, sir? OK. Then you
know what's going on. Call the roll.
216 May 26, 1998
Vice Chairman Plummer: Item 14. Same motion. Same seconded. Read the ordinance.
Commissioner Gort: Regalado moves it. I second it.
Vice Chairman Plummer: Fine.
An Ordinance Entitled -
AN ORDINANCE AMENDING PAGE NO. 40 OF THE
ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM R-2
TWO-FAMILY RESIDENTIAL TO CA RESTRICTED
COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3188 SOUTHWEST 18"' STREET AND
1801 SOUTHWEST 32"D AVENUE, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, 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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
217 May 26, 1998
Vice Chairman Plummer: Call the roll. Merry Christmas.
Unidentified Speaker: Thank you.
48. APPROVE SPECIAL EXCEPTION TO ALLOW COMMUNITY BASES
RESIDENTIAL FACILITY - LOCATION: 955 N.W. 3 STREET — APPLICANT'
VICTORIAPARTNERS, FLORIDA JOINT VENTURE.
Vice Chairman Plummer: Item 7. Item 7. Mr. Helfinan, are you the applicant or are you
the opponent?
Mr. Steve Helfinan: I'm here on behalf of the applicants.
Vice Chairman Plummer: All right. Anyone wishing to testify on Item 7? Is there any
opposition? All right. This is for approval, approval and approval.
Mr. Helfman: Yes, sir.
Vice Chairman Plummer: And you will make a presentation?
Mr. Helfman: No.
Vice Chairman Plummer: Boy, are you getting smart in your old age. Is there a motion
on seven?
Commissioner Teele: With conditions, so moved.
Vice Chairman Plummer: Moved by Teele. Seconded by Gort. This is for 955... no.
Wait a minute.
Commissioner Gort: Victoria Hospital.
Vice Chairman Plummer: This is Victoria Hospital?
Commissioner Gort: Where he was born.
Vice Chairman Plummer: That's where I was born.
Commissioner Gort: Yes.
Vice Chairman Plummer: I should be able to make that motion. All right.
Commissioner Gort: Is that going to be a historical site?
218 May 26, 1998
Vice Chairman Plummer: Shut up.
Mr. Maxwell: You need to know what this motion is. I believe ... if I ... Commissioner?
Vice Chairman Plummer: What?
Mr. Maxwell: Correct me if I'm wrong. I think the resolution on the floor is one
affirming the decision of the Zoning Board and granting the special exception, is that...
Vice Chairman Plummer: That is correct, sir. All in favor, say "aye." Passes
unanimously.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 98-537
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE
DECISION OF THE ZONING BOARD THEREBY GRANTING
A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT
A COMMUNITY BASED RESIDENTIAL FACILITY, FOR THE
PROPERTY LOCATED AT 955 NORTHWEST 3'D STREET
(VICTORIA CENTER) MIAMI, FLORIDA; MORE
PARTICULARLY LEGALLY DESCRIBED HEREIN; SUBJECT
TO A TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED AND
SUBJECT TO THE PROFFER BY THE APPLICANT'S AGENT,
THAT NO COMMUNITY BASED RESIDENTIAL FACILITY
USE, OTHER THAN THAT DESCRIBED IN THE
APPLICATION WILL BE OPERATED AT THIS SITE
WITHOUT CITY COMMISSION APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
219 May 26, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez.
Commissioner Wifredo Gort
Mr. Helfinan: Thank you.
Vice Chairman Plummer: What's your other one, Steve, 20?
Mr. Helfman: I'm interested in 20, yeah. I don't think it's...
Vice Chairman Plummer: Is that a City sponsored? You're going to wait on that one.
Mr. Helfman: It is. OK. Thank you.
Vice Chairman Plummer: Are these people over here ... do you have an item before on
zoning? Which item? All right. Hold on. Any ... over here. You got another zoning
item? I can't see through you guys. Anybody over here got a zoning item? Anybody
over here got a zoning item, besides... what's yours, sir?
Unidentified Speaker: I'm here in opposition of eight for the discussion. And
I'm also here on the appellant about Item 25.
Vice Chairman Plummer: Wow. You got ... you got ... all right. Eight. That's you. And
I ... I want to definitely take up that one that's ... and we're going to be quitting here around
8:30.
Ms. Adrienne Pardo: I have most of them left, but I'll be quick.
Vice Chairman Plummer: Well, that's... you've got a serious problem because we're not
going on zoning much after ... what's the one across the street on Tigertail?
Ms. Pardo: Thirty-two fifty, eight and nine.
Vice Chairman Plummer: Who has that?
220 May 26, 1998
Ms. Pardo: I do.
Vice Chairman Plummer: All right. Because I want to do that one tonight. That one's
important.
Ms. Pardo: OK.
Commissioner Gort: J.L., make sure you take up six too.
Vice Chairman Plummer: All right.
Commissioner Gort: It's an appeal.
Vice Chairman Plummer: Sir, you wanted Item 8?
Mr. Bernard Wolfson: Yes, sir. I'm ... I'm here ... I have ... I'm a ... I own the adjoining
property and I have some ... I'm opposed... well, I'm not opposed to it. I'd ... I'd just like
to...
Vice Chairman Plummer: You're not sure?
Mr. Wolfson: Well, I am sure but I'd just like some suggestions...
Ms. Pardo: No, we resolved it.
Vice Chairman Plummer: All right. We're now going to hear...
Commissioner Hernandez: Excuse me. Could you speak on the mike?
Vice Chairman Plummer: We're not going to hear Item 8. All people wishing to testify
on Item 8 raise your right hand and be sworn in. OK. The applicant is for 3250 Mary
Street.
Ms. Pardo: Commissioner Plummer, before we get to "eight," Mr. Wolfson here is also
here on Items 24a, 24b, and 25, which we ... we have resolved everything and I have a
client who needs to catch a plane. So, if I could request...
Vice Chairman Plummer: So what.
221 May 26, 1998
Ms. Pardo: ... if we could just hear those before Item 8?
Vice Chairman Plummer: He can catch another plane tomorrow. Stay here and spend
some money in Florida.
Ms. Pardo: So if we could hear those three items first, though. I'll be very quick and
we've resolved everything...
Vice Chairman Plummer: We are on Item 8.
Commissioner Gort: Come on, J.L.
Vice Chairman Plummer: Sir?
Mr. Bernard Wolfson: Yes.
Vice Chairman Plummer: You want to make a presentation on eight or not?
Ms. Pardo: I do but if I ... I was requesting if I could make it on 24ab and 25 first.
Vice Chairman Plummer: You want to make an item on eight or not?
Ms. Pardo: Tonight, yes, I do.
Mr. Wolfson: You want me to speak? It's her ... her application.
Vice Chairman Plummer: She's over there dilly dallying around. I mean, if you're not in
opposition, I don't even know why she's going to make a presentation. I think she's
making a mistake to do so.
Mr. Wolfson: All right. In order to expedite it, let me...
Ms. Pardo: No, I'm not going to make a presentation. I would just request ... I'd just like
to...
Vice Chairman Plummer: That's very good. You made a very nice pres... excuse me.
Ms. Pardo: State on the record my name.
Vice Chairman Plummer: Your presentation was excellent. Sir?
Mr. Wolfson: My name is Bernard Wolfson. I'm a resident of Coconut Grove,
32... excuse me. Thirty-one sixty-five Via Avitar. I own some condominium units that
are immediately adjacent to this property. This property is an office building on Tigertail
222 May 26, 1998
and Mary. Behind the office building is a parking area and I own condominiums in the
Courtyards of the Groves Condominiums, which is immediately north of this parking
area. I have no objection to their changing the zoning as requested, but they're asking for
zoning "old office" which allows for the construction of a hotel. And I simply ask if they
do put in a hotel there at any time in the future, that they be required to have a one to one
parking ratio because the zoning code for hotels is one parking space for every two hotel
units. We have a very serious parking problem in this area of Coconut Grove. I'm sure
everyone's... who drives through the Grove is aware of that. I've spoken to counsel and
she's spoken to her client and they have no objection or so she's represented to me, to put
a covenant...
Vice Chairman Plummer: So, that would be a covenant with the approval?
Mr. Wolfson: Yes, sir. That ... that there be one to one parking...
Vice Chairman Plummer: All right. Is that understood?
Mr. Wolfson: ...if it's a hotel.
Vice Chairman Plummer: All right. And I think that your ... your parking structure is
going to be breaking ground very quickly. Very quickly. OK. Is there a motion on
"eight?"
Commissioner Gort: You in agreement to move...
Ms. Pardo: Yes, we agree for a covenant with that condition.
Vice Chairman Plummer: All right. You'll give the covenant... surrendered to the City
Attorney prior to Second Reading?
Ms. Pardo: Absolutely.
Commissioner Regalado: Motion.
Commissioner Gort: Move it.
Vice Chairman Plummer: Motion made and seconded and in my district these loud
mouths are taking my ... my thunder. Read the ordinance.
223 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN
BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 3250 MARY
STREET, MIAMI, FLORIDA, FROM MEDIUM DENSITY
RESIDENTIAL AND RESTRICTED COMMERCIAL TO
OFFICE; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner
Regalado, and was passed in first reading, by title only, by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the public.
Vice Chairman Plummer: Roll call. What about Hernandez? And I vote yes.
224 May 26, 1998
Vice Chairman Plummer: Same motion and seconded on Item 9. No. The Department.
Mr. Francisco Garcia: This is Francisco Garcia for the Department of Planning and
Development. Our recommendation on Item 9 is actually that you approve it,
conditionally, and I think the applicant is in agreement with our condition. That
condition being that the SD-3 Overlay District be applied over the whole site. That gives
the Planning and Development Department control of...of review for any further
development of the site and...
Vice Chairman Plummer: You'll be around to remind us if they don't give you that
covenant prior to the second hearing?
Mr. Garcia: Yes, sir.
Commissioner Gort: Move it.
Vice Chairman Plummer: Second by Commissioner Regalado.
Ms. Pardo: That doesn't need a covenant.
Mr. Maxwell: No, no. The... what... what you're asking for is specific conditions on this
one, right?
Ms. Pardo: Which we agreed to.
Vice Chairman Plummer: OK. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Vice Chairman Plummer: Call the roll.
225 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE
ZONING ORDINANCE AND PAGE NO. 46 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL WITH AND SD-3 COCONUT
GROVE MAJOR STREETS OVERLAY AND SD-2 COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT TO O OFFICE
WITH AN SD-3 OVERLAY FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3250 MARY STREET, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED HEREIN; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: The Chairman is going to take the prerogative of hearing 24a...
Ms. Pardo: Thank you.
Vice Chairman Plummer: ...24b and ... what is all this noise? And 25.
226 May 26, 1998
Ms. Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at 1221...
Vice Chairman Plummer: Sir, you have the same stipulations here? Is that your
problem?
Mr. Wolfson: Commissioner, what has happened here is I objected at the zoning board.
I've appealed a certain aspect of this. There's several issues here. We have conferred
with counsel and with the developer, who's going to be doing this project, which will be
an asset to the Grove, and we have... they... they had prepared a modification of an existing
covenant pertaining to this property that we agree with, which gives us the one on one
parking arrangement and a few other items but mainly the parking...
Vice Chairman Plummer: But you understand this is a resolution, sir, and not a first
reading of an ordinance where we can't hold them to it if they don't do it?
Mr. Wolfson: Well, in the covenant, I can hold them to it because I can bring an appeal.
I can file an action.
Vice Chairman Plummer: Once we approve it here, sir...
Mr. Wolfson: Well, then, then I will...
Ms. Cuervo: The covenant, enforce the covenant.
Vice Chairman Plummer: He can enforce the covenant?
Mr. Wolfson: Yes. That was...
Ms. Cuervo: And bring it here so that there's...
Vice Chairman Plummer: Because a resolution is not an ordinance.
Ms. Cuervo: Right.
Vice Chairman Plummer: OK.
Mr. Wolfson: And ... and I will withdraw my appeal if the Commission will accept the
covenant that we're, that's being submitted.
Vice Chairman Plummer: Well, excuse me. Mr. City Attorney?
Mr. Maxwell: Yes, sir.
Vice Chairman Plummer: He is saying that he had filed an action, I assume...
227 May 26, 1998
Mr. Wolfson: No ... no, sir. I have not filed the action.
Vice Chairman Plummer: Or you were going to.
Mr. Wolfson: Excuse me. I'm ahead of myself. I filed an appeal to the resolution of the
Zoning Board ...
Ms. Cuervo: Which is 25.
Mr. Wolfson: ...and that appeal is being heard today. But I withdraw my appeal...
Ms. Cuervo: Which is Item 25.
Mr. Wolfson: ...because we've settled it with the, with the...
Vice Chairman Plummer: OK, 25 is the appeal. I'm sorry.
Mr. Wolfson: Right.
Vice Chairman Plummer: I was looking at the others. All right. So, in other words then,
you will surrender the covenant to the City Attorney?
Mr. Wolfson: Right.
Vice Chairman Plummer: OK.
Ms. Pardo: Which I did.
Vice Chairman Plummer: And the City Attorney will either approve or disapprove. I'll
now accept...
Commissioner Gort: You want me to run the meeting? You want to make the motion?
Vice Chairman Plummer: Sit down.
Commissioner Gort: Or what do you want to do?
Vice Chairman Plummer: I'm accepting the motion on 24a by Gort. Seconded by
Regalado. All in favor, say "aye." Show unanimous.
The Commission (Collectively): Aye.
228 May 26, 1998
The following resolution was introduced by Commissioner Gort, who moved its
adoption:
RESOLUTION NO. 98-538
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
RELEASE OF A SANITARY SEWER COVENANT FOR THE
PROPERTY DATED APRIL 12, 1965, RECORDED IN
OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
BOOK 4538, AT PAGE 118-128, (THE "SEWER COVENANT")
FROM HENAL REALTY COMPANY INC., (THE "OWNER")
FOR THE PROPERTY LOCATED AT 2785, 2855 TIGERTAIL
AVENUE, MIAMI, FLORIDA (THE "PROPERTY").
(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:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Twenty-four B, same motion, same second. All in favor, say
"aye." All in favor... unanimous.
The Commission (Collectively): Aye.
Mr. Wolfson: Modification of the covenant is subject to the modification...
229 May 26, 1998
Vice Chairman Plummer: Of course.
The following resolution was introduced by Commissioner Gort, who moved its
adoption:
RESOLUTION NO. 98-539
A RESOLUTION, WITH ATTACHMENTS, APPROVING AN
AMENDMENT TO THE ZONING COVENANT RUNNING
WITH THE LAND DATED JULY 18, 1988, RECORDED IN
THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BOOK 13752, AT PAGES 592-596 (THE "ZONING
COVENANT") FROM JAMES G. ROBERTSON (THE
"OWNER") AND LOCATED AT 2785, 2855, AND 2835
TIGERTAIL AVENUE, MIAMI, FLORIDA (THE
"PROPERTY") TO DELETE THE LANGUAGE IN
PARAGRAPH "C" AND PERMIT THE DEVELOPMENT OF A
LODGING HOUSE ON THE PROPERTY; THE APPROVAL OF
THE AMENDMENT TO THE ZONING COVENANT IS
SUBJECT TO THE EXECUTION AND RECORDATION AT
OWNER'S EXPENSE OF AN AMENDED ZONING
COVENANT RUNNING WITH THE LAND ACCEPTABLE TO
THE CITY ATTORNEY.
(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:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: PZ-5 is a resolution. Seconded by ... moved by Gort...
230 May 26, 1998
53. BRIEF DISCUSSION APPELLANT WITHDRAWS APPEAL OF ZONING
BOARD DECISION TO PERMIT LODGING HOUSE AT 2785, 2835 2855
TIGERTAIL AVENUE APPELLANT: BERNARD WOLFSON INDIVIDUALLY
AND TRADING AS COURTYARDS RENTALS'...
Ms. Pardo: PZ-25, he's withdrawing his appeal and, therefore, we don't...
Vice Chairman Plummer: Item 25 is a dead issue. Thank you, sir.
Mr. Maxwell: Could you, please... just... just for the record, you, the appellant, could you,
please state that on the record, please. Identify yourself again.
Mr. Bernard Wolfson: OK. Yes. I'm Bernard Wolfson, previously identified on an
earlier matter. With regard to PZ-25, I will, I'm withdrawing my appeal based on the
representation that a covenant is ... an amendment to the existing covenant is being
accepted by the City.
Vice Chairman Plummer: Very fine, sir.
Mr. Wolfson: Thank you very much.
54. DENY APPEAL OF IMPACT FEE BOARD OF REVIEW DECISION WHICIH
DENIED RELIEF FROM IMPACT FEES IN THE AMOUNT' OF $75,382.10
LOCATION: 3000 S.W. 3 AVENUE (MONSERRAT APARTMENTS) -
APPLICANT: LAZARO MILTON.
Vice Chairman Plummer: Item ... the next item before us is Item 6. No, Item 6. PZ... I'm
sorry, PZ-6. Mr. Milton. Lazaro Milton.
Commissioner Gort: He's not here.
Mr. Maxwell: Appellant's not here. Deny it.
Vice Chairman Plummer: Mr. Milton is not present. Is it the prerogative of the board to
continue or deny?
Commissioner Regalado: Just go ahead and deny. We don't have to...
Vice Chairman Plummer: What?
Commissioner Regalado: Deny.
231 May 26, 1998
Vice Chairman Plummer: Move to deny. Seconded by Gort. It's a resolution. All in
favor, say "aye." Resolution on PZ-6 is to deny.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 98-540
A RESOLUTION AFFIRMING THE DECISION OF THE
IMPACT FEE BOARD OF REVIEW AND DENYING THE
APPEAL PRESENTED BY THE APPELLANT FOR RELIEF
FROM IMPACT FEES IN THE AMOUNT OF $75,382.10 FOR
BUILDING PERMIT NO. 98-5002326 FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3000 SOUTHWEST 3'D
AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE
"MONSERRAT APARTMENTS".
(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 Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Humberto Hernandez.
Vice Chairman Plummer: The next Item is PZ-8. No, we just did that. And we did PZ-
9, 10, and 11. The next one is PZ-12. No. Yes. This jumping around is crazy. Is the
applicant here? Is the applicant here on PZ-12? You. Is there anyone here in opposition
on PZ-12?
232 May 26, 1998
Commissioner Gort: No opposition.
Vice Chairman Plummer: Which is known as 194-218 Southeast 14' Street. This is a
first reading. There's no ... Miss Pardo, do you have anything you wish to add for the
record?
Ms. Pardo: We request that you approve.
Vice Chairman Plummer: That's not bad.
Commissioner Gort: Move it.
Vice Chairman Plummer: Read the ordinance. Moved by Gort. Seconded by Regalado.
Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Vice Chairman Plummer: Call the roll.
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE
ZONING ORDINANCE AND PAGE NO. 37 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION FROM O OFFICE TO SD-5
BRICKELL AVENUE AREA RESIDENTIAL -OFFICE
DISTRICT FOR THE PROPERTY LOCATED AT
APPROXIMATELY 194-218 SOUTHEAST 14TH STREET,
MIAMI, FLORIDA; MORE PARTICULARLY LEGALLY
DESCRIBED HEREIN; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
233 May 26, 1998
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: Item PZ-17. City of Miami/Department of Planning, 1975
Northwest 121h Avenue.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 1975 NORTHWEST 12TH AVENUE,
MIAMI, FLORIDA, FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO
GENERAL COMMERCIAL; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
234 May 26, 1998
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: The City Attorney read the ordinance into the public
record and announced that copies were available to the members of the City Commission
and to the public.
Vice Chairman Plummer: Mariano, you wish to speak on this issue?
Mr. Mariano Cruz: This is ... that's all right. The next one.
Vice Chairman Plummer: Item PZ-18, 1975 Northwest 12t' Avenue.
Commissioner Gort: Move it. It's a companion item.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. And read the
ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Vice Chairman Plummer: Call the roll.
235 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE
NO. 24 OF THE ZONING ATLAS OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM G/I GOVERNMENT AND INSTITUTIONAL TO C-2
LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED
AT APPROXIMATELY 1975 NORTHWEST 12"H AVENUE;
MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: Item 19, 2301 Northwest 1Wh Avenue. Known as the Bobby
Maduro Stadium.
Commissioner Gort: Move it.
Vice Chairman Plummer: Is there a motion? Moved by Gort. Seconded by Regalado.
Read the ... well, hold on. Mr. Mariano Cruz.
236 May 26, 1998
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. Twelve twenty-six. I live
two blocks from the ... from the stadium and this has been ... the stadium is on sale, starting
at nine hundred thousand dollars ($900,000.00) RFP and I'd like to know, always,
whatever zoning they are going to do, whatever is going to be happening there. Whatever
is going to impact the neighborhood. Used to be, the people that do those decisions don't
even live out there, don't even care about the neighborhood. And I started this, as a
matter of record, because I'll be ... I'll be checking whatever is going on. Because, like I
told them many times, I can live any place I want. I can live in Pinecrest. I can live in
Pembroke Pines. But I choose to live in Allapattah. Or I can live in Overtown, too, there
with Brother Teele, there. So that it's no problem with me. I can live in any place, but I
want to make sure that whatever... because there's been so many things done with the
Bobby Maduro Miami Stadium with that date. The deterioration started with the
homeless issue and the Nicaraguan refugees. Everybody left the neighborhood. I think
they ... and we still have homeless around there. With all the money we spend on
homeless. Thank you.
Vice Chairman Plummer: The only problem is, Commissioner Teele doesn't want you.
Mr. Cruz: He want me. We are fellow veterans, right?
Vice Chairman Plummer: Any further discussion on items...
Mr. Cruz: For the Vietnam Veterans.
Vice Chairman Plummer: On the Bobby Maduro Stadium? PZ-19, read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING PAGE NO. 20 OF THE
ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM G/I
GOVERNMENT AND INSTITUTIONAL TO R-3 MEDIUM
DENSITY MULTI -FAMILY RESIDENTIAL FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2301
NORTHWEST 10"HAVENUE, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
237 May 26, 1998
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Gort: Well, hopefully, this will bring a lot of residents into that area by
the time we do something in there. Yes.
Vice Chairman Plummer: Hey, guys, I'd like to do this on 20. I'd like to continue this. I
think this has some serious ... to process fish, to package fish, to handling the distribution
of sea...
Commissioner Regalado: What is this for? The River, the Miami River?
Vice Chairman Plummer: Yeah. But I ... you know, this is a little bit different than just
having seafood for sale. You're talking about ... is this yours?
Mr. Steve Helfman: I ... I'm interested in this item, yes.
Vice Chairman Plummer: All right. Look, I'll tell you what. I'll go along with first
reading.
Mr. Helfman: Fine. I'll
238 May 26, 1998
Vice Chairman Plummer: All right. Because ... I mean, it's ... this can be a one hell of a
stinky situation if it's not handled correctly.
Mr. Helfman: For a second reading we'll
Vice Chairman Plummer: All right. I'll allow it to go on first.
Mr. Helfman: Thank you.
Commissioner Gort: Move it. Accept first reading.
Vice Chairman Plummer: Move on first by Gort. Seconded by Regalado. Is anyone
wishing to testify on PZ-20? Read the ordinance.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
BY AMENDING ARTICLE 4, SECTION 401 SCHEDULE OF
DISTRICT REGULATIONS, IN ORDER TO ALLOW CERTAIN
PROCESSING AND WHOLESALING USES (INCLUDING
CUSTOMARY ACCESSORY USES) OF SEAFOOD PRODUCTS BY
CLASS II SPECIAL PERMIT WITHIN C-1 RESTRICTED
COMMERCIAL ZONING DISTRICTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: Call the roll.
239 May 26, 1998
Vice Chairman Plummer: PZ-21.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. Give me just a
brief -what is this?
Mr. Francisco Garcia: If I may, I wanted to, actually, to add something into the record
that's not reflected in the materials you have before you. When the Planning Advisory
Board recommended approval of this proposal, it recommended approval conditionally.
The two conditions being that proposals for signage of this board be referred to the
UDRB (Urban Redevelopment Review Board) and that the area, known as the Omni area
,be excluded from this proposal. We are in agreement with both of those and we submit
those to you for your consideration.
Commissioner Gort: Let me ... let me give you an idea and an example. Look at the wall
painting in the Burdines did on the side of the store. That's what we're looking for in
central the business district. That was a two hundred and fifty thousand dollar
($250,000.00) mural that took place in there and you can see it from all over the
expressway and it brought a lot of attention to downtown Miami.
Vice Chairman Plummer: Willie, that's well and good, except, let me tell you something.
You're going to see one up there, like Copper Tone, that somebody's going to find a little
more exposed than Copper Tone. And who holds control over what they can put up there
and what they can't?
Commissioner Gort: We do.
Mr. Garcia: The mechanism we're proposing, sir, is that they be reviewed by Class 2,
Special Permit, and we are also suggesting that they be referred to the Urban
Development Review Board for their evaluation.
Vice Chairman Plummer: You know, that's fine. Except they put up something that is
obscene. All right. You know who's going to catch hell? Not you, not the Urban Review
Board.
Commissioner Gort: I will.
240 May 26, 1998
Vice Chairman Plummer: The five of us up here. I would make this thing come before
the City Commission, OK? If we're going to catch hell, let us have a say. All right. So,
with a provision in change that it has to come before the City Commission for approval of
any of the ... now, let me ask you another question. In case they want to put something up
that is obscene. All right. Now, what about size? Is there a limited size on these things?
Mr. Garcia: We would like to be open to proposals. The reason being...
Vice Chairman Plummer: All right. So we hold control or approval over size, as well as
contents?
Mr. Garcia: Yes, sir.
Commissioner Gort: Right.
Vice Chairman Plummer: OK. Because I saw one the other day that must be 10 stories
high.
Commissioner Gort: Which one?
Vice Chairman Plummer: I mean, they're not bad. It's something with a basketball
player or something... something. I don't know. All right. What do you mean
Hardeway? PZ-21, moved by Gort. Seconded by Regalado.
Commissioner Gort: Tell him, Captain. Keep him straight.
Vice Chairman Plummer: Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE
INTO THE PUBLIC RECORD]
Vice Chairman Plummer: Call the roll.
241 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY AMENDING ARTICLE 9, SECTION 926 TO
ALLOW A CLASS II SPECIAL PERMIT, WITH CITY
COMMISSION APPROVAL, FOR SIGNS WHICH HAVE
ARTISTIC OR GRAPHIC VALUE, PROVIDING FOR THE
LOCATION, REGULATION AND CONDITION FOR THE
APPROVAL OF SUCH SIGNS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the public.
Commissioner Teele: Did you say artistic?
Vice Chairman Plummer: But we hold approval.
Commissioner Teele: It doesn't matter. I vote...
Vice Chairman Plummer: What was Commissioner Teele's vote? I didn't ... he was
mumbling.
Commissioner Teele: I ... I ... I ... you know, I ... I ... this ... this first amendment stuff is kind of
real, you know. That doesn't ... I understand what you're saying about the political
implications of it but it's a little ... I don't want to be a censor.
Vice Chairman Plummer: It's not a matter of being a censor in my estimation. It's a
matter that if something goes up on a building it causes all kinds of problems, and it
242 May 26, 1998
doesn't take much in this town, that if we're going to catch hell for allowing something,
which we didn't have any say over, then, I think it ought to come before this Commission
and have a say. That's just my feeling on the matter. Let's talk about it before now in the
second... second reading.
Commissioner Gort: Did... did... one example that I would like to use is with ... with
starting with the ... with the wall on Burdine's. I mean, that was a beautiful...
Vice Chairman Plummer: Absolutely.
Commissioner Gort: You can see it from everywhere. The advertising that we see,
when you ride ... when you ride in the Downtown People Movers, see, you see something
pretty because, we don't have that right now.
Vice Chairman Plummer: Yeah. But if you got Captain, if you got a Captain Longueira
down there wearing nothing but a smile on the side of a building, I ain't voting for that.
Ms. Cuervo: Well, it says on the side of the wall. So it could be the other...
Mr. Maxwell: What was that again?
Vice Chairman Plummer: PZ-23
Commissioner Gort: Move it.
Mr. Maxwell: Did you ... did I read this?
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado.
Ms. Cuervo: Twenty-two.
Commissioner Gort: No, it's 22, the valet parking. Twenty-two.
Vice Chairman Plummer: OK. Alcoholic beverages.
Commissioner Gort: No.
243 May 26, 1998
Vice Chairman Plummer: Now, is that going to be a full bar set up...
Commissioner Gort: No, no, no, twen... excuse me. Mr. Chairman, it's 22, valet parking.
Central business district.
Vice Chairman Plummer: I'm sorry. I stand corrected. Twenty-two. Is there any
problem with 22? Nobody has any problem? Moved by Gort. Seconded by Regalado.
Read the...
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Vice Chairman Plummer: To the Department, have the necessary safety built-in that
they're not going to operate on the street. They're going to be off to the side of the road?
I mean, we are going to get into another Sea Bold Building?
Mr. Jim Kay: They will be operating off of the street. They don't pull in...
Vice Chairman Plummer: But they will not be in a moving lane of traffic?
Mr. Kay: No, sir. No, no. It has to be a parking lane of traffic. A parking lane. Excuse
me.
Mr. Captain Longueira: Just one thing I'd like to mention is, to -date nobody comes and
pulls the permits. OK? And I think Jim can ... can verify this. We're ... we're having
difficulties. They say that, I think it's a thousand dollars ($1,000.00) a month. The fee is
too much and nobody's doing that.
Vice Chairman Plummer: So. Go somewhere else.
Mr. Longueira: Well, I'm just telling you they're operating that way. We're trying to
work with the businesses but it's a problem. I'm just letting you know on the record.
You want us obeying the laws.
Vice Chairman Plummer: OK. Hey, the only thing I'm trying to make sure is that we're
not creating an unsafe situation, OK? So, it has to be in an off of the moving
vio... moving flow of traffic.
Mr. Longueira: Yes, sir.
Vice Chairman Plummer: OK. First reading. Read the ordinance. You read it. Call the
roll.
244 May 26, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 35, ENTITLED:
"MOTOR VEHICLES AND TRAFFIC" OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VIII
ENTITLED: `VALET PARKING" PROVIDING FRO THE
ESTABLISHMENT OF VALET PARKING IN THE SD-5, SD-6
AND SD-7 ZONING DISTRICTS, AS DEFINED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: On Item 23, let me ask a question. Is that full alcoholic
beverages or just beer and wine?
Mr. Garcia: Full alcoholic beverages, with the stipulation that they are to be subservient
as uses to the serving of meals, not...
Vice Chairman Plummer: More than 50 percent?
245 May 26, 1998
Mr. Garcia: Yes, sir.
Commissioner Gort: Fifty or more customers.
Vice Chairman Plummer: No, 50 percent of their gross.
Mr. Garcia: Fifty-one, actually, must be meals. Forty-nine, at most, can be alcohol. And
the establishment also need to have...
Vice Chairman Plummer: What was it before this ordinance changed?
Mr. Garcia: There are distance requirements that apply and they're basically limited to
what licenses are there. I would defer to Juan Gonzalez on that.
Vice Chairman Plummer: One thing we don't need is...
Mr. Juan Gonzalez: Originally, they would have had to meet the 200 seats in the four
thousand square feet or the distance requirement, which were in downtown 500 feet
separation.
Vice Chairman Plummer: Where's the big demand for this?
Mr. Gonzalez: Apparently, the association asked the NET office to sponsor this change.
Apparently, the business people, there, feel that they need this...
Vice Chairman Plummer: Where?
Mr. Gonzalez: ...to survive.
Vice Chairman Plummer: Where?
Commissioner Gort: The Central Business District did some...
Vice Chairman Plummer: What NET ... what NET?
Mr. Gonzalez: The Central Business District in downtown.
Commissioner Gort: There's some people who are trying to operate and try to bring the
night life back into, and some residents that come into the area at the same time, to try to
create some kind of restaurants and ask people to stay there, which is something we have
been working on for the last 10 years.
Vice Chairman Plummer: All right. So 51 percent, it must be food?
246 May 26, 1998
Mr. Gonzalez: Yes, sir.
Commissioner Gort: Move it.
Vice Chairman Plummer: All right. Moved by Gort. Seconded by Regalado. Read the
ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Vice Chairman Plummer: Who's got pocket items?
Commissioner Gort: You got ... you going to handle the Bayfront Park, right?
Vice Chairman Plummer: Yeah, I got one. All right. Motion understood. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 4, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: "ALCOHOLIC BEVERAGES," BY ADDING NEW
SECTION 4-13, ENTITLED: "CENTRAL BUSINESS
DISTRICT DISTANCE REQUIREMENT," TO PERMIT SALE
OF LIQUOR IN RESTAURANTS, CAFES, CAFETERIAS AND
DELICATESSENS WITH SEATING FOR 50 OR MORE
CUSTOMERS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
247 May 26, 1998
Vice Chairman Plummer: OK. Back to Item 20 on the ... excuse me. We now adjourn
the PZ meeting and we're back to the regular Commission meeting and we are on Item
20.
Commissioner Regalado: Mr. Chairman, can we do the pocket item now?
Vice Chairman Plummer: We're leaving at 9:00 and we've got quite a bit to do. I was
going to let pockets extend over nine. It's up to you guys. Whatever you want to do.
Commissioner Regalado: It's OK with me.
Vice Chairman Plummer: OK. PZ-20. There's a difference between 20 and 20a.
Ms. Cuervo: Item 20 is a presentation on our response to the HUD audit.
Vice Chairman Plummer: Yes.
Ms. Cuervo: And Items 20a through 20i are resolutions that are part of our corrective
action that we proposed in our presentation. Now, 20a we've agreed to defer until June
9`'', when we will come back and reconfigure the Loan Committee and that that Loan
Committee be approved by the Commission and the ... and that the Mayor have a role in
the appointment of the Chairman of that Loan Committee.
Vice Chairman Plummer: All right. The Mayor has also requested that if there is any
reorganization of Community Development, that that be deferred.
Ms. Cuervo: That is not really contemplated in any of the legislation that's here, so...
Vice Chairman Plummer: Pull the microphone down, please.
Ms. Gwen Warren: The reorganization is part of the audit response to the systemic
weaknesses in the system.
Vice Chairman Plummer: I understand that.
248 May 26, 1998
Commissioner Regalado: Then, we don't do it today if...i£..I mean...
Vice Chairman Plummer: The Mayor sent a message that he asked that any
reorganization of Community Development be deferred until the next meeting. So, now,
what item does that affect, if any?
Commissioner Gort: I think the Mayor was only concerned with 20a.
Vice Chairman Plummer: Excuse me.
Commissioner Gort: Which was the Loan Committee.
Ms. Warren: It a...
Vice Chairman Plummer: Excuse me.
Community Development be deferred."
Ms. Warren: The whole thing.
The Mayor said "any reorganization of
Vice Chairman Plummer: Now, I'm expressing his concern.
Commissioner Teele: Mr. Chairman?
Ms. Warren: It's the whole thing.
Commissioner Teele: Is there a reorganization contained in the Items 20 through...
Vice Chairman Plummer: I'm ask ... I'm asking that question. Does that affect any of the
items of 20 through 20i?
Ms. Warren: Yes, it does.
Vice Chairman Plummer: Which ones?
Ms. Warren: The audit response, which is Item 20, has a section in it, if you accept it,
that speaks to the reorganization, which includes the development of a financial unit for
financial oversight, a contract...
Vice Chairman Plummer: That's 20?
Ms. Warren: Yes, sir.
Vice Chairman Plummer: So, that's going to be deferred. OK. Now, I'm ... I'm assu...
Commissioner Teele: I think we got to be careful here, Mr. Chairman.
249 May 26, 1998
Vice Chairman Plummer: All right. I'm ... I'm merely saying ... all right. Excuse me. I ... I
stand corrected. That is the motion that the Mayor, the item that the Mayor requested to
be deferred. Now, the Commission has that right to do what they, of course, see fit. All
right? Is that the only one it affects?
Ms. Warren: Item 20, which is a corrective action plan incorporates all of the resolutions,
plus the reorganization, which is the corrective action plan outline by HUD.
Vice Chairman Plummer: OK.
Ms. Warren: And so, it is one total package.
Vice Chairman Plummer: Oh. My question is, is the one relating to the reorganization
only affect Item 20?
Ms. Warren: Christina is saying that you can go ahead with the legislation, absent of
adopting the corrective action plan.
Vice Chairman Plummer: Gwen, again...
Ms. Warren: Which is Item 20.
Vice Chairman Plummer: ...a simple yes or no. Item 20, is that the only one before us
that...
Commissioner Regalado: No, no.
Vice Chairman Plummer: If it's not, then, let her answer, please.
Ms. Warren: OK. I'm listening.
Vice Chairman Plummer: Is ... the request of the Mayor only contained and relating to
Item 20 of Items 20 through 20i?
Ms. Warren: I would say yes.
Vice Chairman Plummer: OK. Thank you. Now, that doesn't mean anything. I see she's
waiting for me, so is Maria's Restaurant. I'll never get them Greeks out of here tonight.
OK. Now, to my colleagues.
Commissioner Teele: Well ... well, maybe there's a compromise here.
Vice Chairman Plummer: All right, sir. What do my colleagues wish to do...?
250 May 26, 1998
Commissioner Teele: Madam ... Madam Attorney?
Vice Chairman Plummer: Madam Attorney.
Ms. Cuervo: Yes, sir.
Commissioner Teele: Can we approve the reorganization plan effective July I? That
gives the Mayor plenty time to look at it. It allows us to say that we have approved a
plan, and if we don't agree with it or if the Mayor wants to reconsider it, we can come
back in the next Commission meeting or the one after that and rescind it. But I think, I
think it's important that, number one, that the City staff be given the very clear message
to do something and then, when we have people doing something, I think it send the
wrong message to say we're not going to do anything. So, I would like, in deference to
the Mayor, recognizing one, the Mayor has a veto and if the Mayor were to veto this
legislation, I will say, on the record, I will support him if he finds it that onerous and I'm
sure there would possibly be a second person, so ... but I think it's important that we move
this process forward. This has been a program that has been in trouble now for 10 years.
There's been a lot of work done on it. We need to get the letters to HUD. If we approve
the reorganization components of this, effective July 1, we will have approved it but it
gives the Mayor a chance go come back and review or amend or come in with some
changes and I think that's a reasonable compromise, Mr. Chairman, if you would
entertain that as an amendment.
Vice Chairman Plummer: Sir, the Chair will entertain any motion you wish to make.
Commissioner Teele: I would move Item 20, with the amendment that all accepts
relating to reorganization be effective July 1.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Excuse me.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: I ... wait a minute. The motion... I'll second it for discussion
purposes.
Vice Chairman Plummer: That's fine. Now, discussion. Mr. Gort.
Commissioner Gort: My understanding is, on Item 20, my understanding is, accepting
the findings of staff without really making any recommendations. The recommendations
come later on in 20a, b, c, d, e, and f.
Commissioner Teele: Right.
251 May 26, 1998
Ms. Cuervo: We're accepting their response.
Commissioner Gort: OK. We are accepting the response, OK?
Vice Chairman Plummer: OK. On Item 20, is there any further discussion on Item 20?
Commissioner Regalado: Yes, Mr. Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Since the Commission has to work with the Department very
closely and Community Development and Housing, we should, as the Commission, be
informed individually of this reorganization plan. Any personal change that you all are
going to make and what affect would that be in ... in the whole department, so I would, I
would ask to be informed before we come back with the Mayor's recommendation, so
we'll ... we'll know what to decide. I don't know if we can incorporate that in your
motion, Commissioner Teele?
Commissioner Teele: I would accept it. And, further, that the Department, the Manager,
be requested to brief each Commissioner, as well as the Mayor, fully on all aspects of the
organization and reorganization, including the finance and personnel aspects of it.
Vice Chairman Plummer: Any further discussion on Item 20? Hearing none, call the
roll. I'm sorry. Mariano Cruz. I'm sorry.
Mr. Cruz: Yeah. This ... Mariano Cruz, 1227 Northwest 26`' Street. And this I'm going to
say as a point of information because, anyway, everything is done just a vote. But, as
tradition, I have been a member of Community Development Advisory Board since the
early, when Dena Bianchino (Dena Spillman), was there and the offices were on Mary
Street and the offices there in the barracks, I've been there. I went to Francisco
Castaneda, Elbert (Bert) Waters. The only one I didn't work with was Gwendolyn
Warren, so I know a little bit and I make a habit of doing my homework, as you do, Mr.
Plummer. Read the paper and keep papers. And, you know, I've been watching all this
and I say, whatever going on there. The cost overruns in the administration, they say 20
percent ... 20 per ... up to 20 percent. Doesn't mean ... doesn't mean 20. They use the
monies for salaries and the whole thing. And that's... that's going on there. And I know
where Angel Castillo is and Matis Ortiz and Andrew Cuomo and all these other people.
Just people ... you don't know who they are but I know who they are. I know ... and I know
where Carrie Meek office is and she's on the Appropriation Committee in the Congress.
See, whatever you are going to do, I want to make sure that our area ... because it still
bothers me, I come here and I say Allapattah Produce Market, athe money was taken out
of there, seventy-one thousand seven hundred dollars ($71,700.00) and this is ... we are
talking about February 27, 1997 and then, now, the other day they throw fifteen thousand
dollars ($15,000.00) for Allapattah. Musical chairs. You know, flip-flop.
That's... that's... this is a ... a shell game they are playing with the neighborhoods with our
252 May 26, 1998
federal money. This is not City taxes. This is federal money and you got to be pretty
accountable for all those federal moneys, because I get a bunch of papers. I'm going to
read all of them. Remember that. I'm going to be writing to different people. I'm going
to be visiting different people because...
Vice Chairman Plummer: Thank you, sir. Next speaker.
Mr. Cruz: Thank you.
Vice Chairman Plummer: Next speaker. State your name and mailing address. You
have two minutes, sir.
Mr. Nathaniel Wilcox: My name is Nathaniel Wilcox. I'm the Executive Director of
PULSE (People United to Lead the Struggle for Equality). My mailing address is 4746
Northwest 106' Avenue. And I'm speaking on behalf of our organization and our
organization totally supports the reorganization of the Department of Community
Development. For the past 20 years, this Department has used the black community in
the efforts to secure many millions of dollars in community money from the state and
federal funds, federal government, and much of this money has bypassed our community.
I share the same sentiments of this gentleman in saying that the money has come but we
have not benefited from it. The individuals who have run the office of Community
Development for all of these ... for many of these years have squandered the monies, sent it
in other communities, in other ... other areas. So, the need for the reorganization is now
more than ever before. I'm sure you're familiar with the Office of the Inspector General,
when they audited the Department and found that the City did not comply with federal
laws. They did not meet the rules and regulations as determined by HUD and they did
not carry out their activities in an economical, efficient and effective manner. Also,
found that, as a result, the intended program beneficiaries were deprived of over five
million dollars ($5,000,000.00) and many, many other millions of dollars. Drive though
Liberty City. Drive through Coconut Grove. Drive through Overtown areas. Money that
was designated for our areas have never made it there and we want to know why. And
we hold this Commission accountable as to why the monies have not made it to our
communities. It's made it to other communities in the west. So the time is now.
Whoever, whatever, those individuals who are accountable for that money, they need to
go and you need to get people in there that are competent. That are knowledgeable and
skilled in handling the money that comes into this community for community
development.
Vice Chairman Plummer: Thank you, sir.
Commissioner Gort: Mr. Wilcox, you know, you're right. And that's why I requested
from my department... see, there are certain criteria that you use to get your funding,
population, neighborhood needs, and we get the funding according to the needs of each
neighborhood. And, then, that funding goes according to the needs. Now, you're right.
It has not been given equally, so I'll ask, a I am requesting from the staff to give me the
253 May 26, 1998
numbers that we use to get a funding first, and the neighborhoods where the fundings are
supposed to be going to and where they actually have going to.
Mr. Wilcox: Absolutely.
Commissioner Gort: I think it's very important that we have that...
Mr. Wilcox: That's right.
Commissioner Gort: ...so we can show it to everybody. OK?
Mr. Wilcox: Right.
Commissioner Gort: I think he's right and we need to prove and show that. Because
I'm getting tired of people coming here and everybody saying the same thing. I'm not
getting my fair share. So, I want to make sure that we show the numbers for the
neighborhoods. How do we receive those fundings and how we allocate those fundings.
Please.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I ... I commend PULSE and Mr. Wilcox for ... for saying again ... I
said the same thing you just said four hours ago in the contacts of the Empowerment
Zone. But I think one of the things that we, as the Commission, really should take note
of, is that it's fine for us to fund all of these organizations and we spend most of our time
funding organizations. I continue to urge this Commission, and I'm glad the Public
Works Director is here and others, we've got to, also, ensure that we target dollars to
change the neighborhood and the economic condition in these neighborhoods.
Mr. Wilcox: That's right.
Commissioner Teele: And the people who get the money largely are the people who
come down here with their organizations, their community -based organizations and say
we need money, but there is very little follow up to ensure that those monies are actually
going in those communities and so I'm ... I ... I certainly think we've got to deal with the
community, the... the... the... the activities, Commissioner Regalado and others so
eloquently fight for in terms of the social service activities. But ... but you see the problem
with the social service funding versus changing infrastructure neighborhoods, drainage,
sidewalks and all of that is, once the money's gone, there's ... once you spend the money
or once you allocate the money, you can't see it anymore. It vanishes into thin air and a
lot of the money has gone in the black community, as well as the Hispanic community,
into social programming. So, it's not like the money doesn't get there and I don't
disagree with what you're saying, but it's very difficult to quantify that money and my
254 May 26, 1998
only request to the Commission, and I think the Commission has tried to balance more in
this way ... is that we really have to do more to target monies for business development, for
infrastructure improvements...
Mr. Wilcox: Absolutely.
Commissioner Teele: ... for things that people can stand up and say thank you for ... for
straightening up my community and we don't do enough of that. So, this is not the time
or the place.
Vice Chairman Plummer: All right.
Commissioner Teele: We're all frustrated about it, but I'll tell you this, Mr. Chairman,
it's very important that the Community Development dollars get back to basics and get
back into these community development target areas.
Vice Chairman Plummer: All right. I just ask the question, what is the difference of not
making this effective until July the 7' or July the 141h and waiting `til the next meeting of
June the 0, so that we can accommodate the Mayor?
Commissioner Teele: The ... the problem is not accommodating the Mayor or not. The
problem is, we have an obligation to Federal HUD. They started it back in January. We
have gotten at least one delay, to my knowledge, and this is not something for us. This is
something to keep the dollars coming. This whole issue is not a city organization issue
for the purpose of the City. This is a response to the IG (Inspector General) saying, City,
you all must comply with the audit and we're giving you until May the Is' to get this
done. We've asked for at least one extension, to my knowledge.
Vice Chairman Plummer: And we were granted another one today.
Ms. Cuervo: We've asked ... we asked for one extension on the response, which was ... it
was due today, May 26 h. We asked for 30 days more. Today. As for any other
extension, not that I know of.
Vice Chairman Plummer: OK. I ... I just...
Commissioner Teele: Mr. Chairman, if you would rather the motion not go forward, I'll
be happy to, but I think we ... we need to be very careful.
Vice Chairman Plummer: I ... I have no problem, except I would like to accommodate the
Mayor and I don't see any....
Commissioner Teele: I withdraw the motion.
Vice Chairman Plummer: ... major difference of deferring it until the...
255 May 26, 1998
Commissioner Teele: I withdraw the motion. We'll put it on the agenda next meeting.
Vice Chairman Plummer: ...the meeting of the ninth. OK. I think that, in all due
deference, that's what we should do. I have no problem with passing the motion as it is,
but I just ask that it ... take it from there. All right. So, then the motion is to defer until
June the ninth or continue to June the 9'. OK? That's on Item 20. Now, 20a... what?
Commissioner Teele: You know, I think, if you're going to do that, you ought to defer
the whole package. Because...
Ms. Warren: Doesn't make sense to do one thing and not the other.
Commissioner Teele: ... it's ... you see, you can't send a third of a letter.
Vice Chairman Plummer: If...if that's what you want to do, that's fine with me. All
right. A motion is to defer 20, 20a, 20b, 20c, 20d, 20e, 20f, g, h, and i.
Commissioner Gort: And J.
Vice Chairman Plummer: And J?
Ms. Warren: I think J is Wynwood?
Vice Chairman Plummer: No.
Ms. Warren: Well, wait a minute. Hold on.
Vice Chairman Plummer: No, K is Wynwood.
Ms. Warren: J... J, too. OK.
Vice Chairman Plummer: It goes to I, right? Up to I. All right. All in ... all...
Commissioner Teele: No. What about the ... what about this ... I think we need to clarify
this issue tonight on this 108, the one thing that you've...
Ms. Warren: That's K. That's 20k.
Vice Chairman Plummer: That's K.
Commissioner Teele: That's k. That's not in the package?
Vice Chairman Plummer: No, no. J is not ... that's a separate issue and K is a separate
issue.
256 May 26, 1998
Ms. Warren: Correct.
Vice Chairman Plummer: OK? So, the motion is to defer 20 up to 20i. All in favor say,
aye.
99
Mr. Foeman: I ... I need a movement, Mr. Chairman. I need a movement and a seconder.
Vice Chairman Plummer: Moved by Teele. Seconded by Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous.
257 May 26, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-541
A MOTION TO DEFER CONSIDERATION OF THE
FOLLOWING AGENDA ITEMS:
20. (PRESENTATION BY CITY MANAGER ON CITY'S
RESPONSE TO HUD AUDIT);
20-a (APPOINTMENT OF HOUSING LOAN COMMITTEE
MEMBERS);
20-b (PROPOSED APPROVAL OF GUIDELINES FOR
ADMINISTRATION OF CDBG-FUNDED MULTI -FAMILY
REHABILITATION PROGRAM);
20-c (PROPOSED APPROVAL OF ESTABLISHMENT OF
HOUSING LOAN RECOVERY FUND);
20-d (PROPOSED ESTABLISHMENT OF SIX-MONTH
MORATORIUM OF ADMINISTRATION OF CITY'S CDBG
PROGRAMS);
20-e (PROPOSED ENGAGEMENT OF CONSULTANT FOR
PROJECT ANALYSIS OF NORTHWESTERN ESTATES
HOUSING PROJECT);
20-f (PROPOSED NOTIFICATION TO LIBERTY HOUSING
ASSOCIATES RE NORTHWESTERN ESTATES);
20-g (PROPOSED ENGAGEMENT OF CIVIL
ENGINEERING FIRM FOR CONSTRUCTION COST
ANALYSES OF CDBG PROJECTS);
20-h (PROPOSED POLICY FOR AFFORDABLE HOUSING
PROJECTS RECEIVING CDBG FUNDING);
20-i (PROPOSED HOUSING LOAN COLLECTION
PROCEDURES);
20 j (PROPOSED AGREEMENT WITH DAVID M. GRIFFITH
FOR COST ALLOCATION SERVICES);
FURTHER DIRECTING THE CITY MANAGER TO
SCHEDULE THESE ITEMS IN THE CONSENT AGENDA OF
THE JUNE 9, 1998 COMMISSION MEETING.
258 May 26, 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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Vice Chairman Plummer: We're now on...
Commissioner Teele: Can you put it on the Consent Agenda?
Vice Chairman Plummer: I'm sorry?
Commissioner Teele: Can they be on the Consent Agenda for the 9'9
Vice Chairman Plummer: As far as I'm concerned, they can.
Commissioner Teele: Put them on the Consent Agenda. You know, the problem is...
Vice Chairman Plummer: Yeah. They're resolutions, aren't they?
Commissioner Teele: ...is that all this stuff...
Vice Chairman Plummer: Yeah, they're resolutions. Put it on the Consent Agenda.
Ms. Cuervo: And I stand corrected. Twenty-J should also be deferred `tit the 9t .
Vice Chairman Plummer: OK. That's included. Is it understood that 20J is also
included?
259 May 26, 1998
Vice Chairman Plummer: We're now on 20K.
Commissioner Gort: I have a question. When it...
Vice Chairman Plummer: All right.
Commissioner Gort: ...come back to us, my understanding, one of them, it's ... we're to
create a Loan Committee...
Ms. Cuervo: It's 20A.
Commissioner Gort: Correct. That 20A... and one of the questions that we have, who's
going to be appointed on that committee and how are we going to go about it and so on?
Ms. Cuervo: Exactly. That's what ... that was one of the amendments that we're going to
make to that item and we're going to have the Loan Committee be approved by the
Commission.
Commissioner Gort: OK.
Ms. Cuervo: The names will be proferred by the Manager and it'll be up to the
Commission to approve it. There's private sector representations and City
representations.
Commissioner Gort: My understanding, there's certain guidelines and criteria that they
suggested we follow to nominate the individuals.
Mr. Maxwell: Yes.
Commissioner Gort: To that committee.
Mr. Maxwell: Yes.
Commissioner Gort: Thank you.
Commissioner Teele: The Mayor...
260 May 26, 1998
Mr. Maxwell: Well, that ... that would be recommended to you.
Commissioner Teele: The Manager will proffer ... the Manager will proffer the names.
Ms. Cuervo: Exactly.
Commissioner Teele: And the Mayor will name the chairman.
Ms. Cuervo: Exactly.
Commissioner Teele: ...of the committee.
Vice Chairman Plummer: OK. I think the only item remaining is 20K. Is the only one
left that is remaining?
Commissioner Regalado: Did we ... did we vote on 21?
Vice Chairman Plummer: Twenty-one was tabled prior to my arrival.
Commissioner Hernandez: What happened with it? We didn't vote on it.
Vice Chairman Plummer: It was tabled.
Commissioner Hernandez: Oh, it was tabled.
Ms. Cuervo: You deferred it because you wanted to get to the Planning and Zoning items
and bring it back.
Commissioner Hernandez: Right.
Vice Chairman Plummer: What is 2 1 ?
Ms. Cuervo: That is a restructuring of a loan that was approved by the Housing Loan
Committee and it's here for Commission approval and, then, goes to the Oversight Board
for their approval.
Vice Chairman Plummer: And what is the pleasure of the Commission?
Commissioner Hernandez: Well ... yeah. Let's take 20K first and, then, go to 21.
Vice Chairman Plummer: All right, 20K. Sir, you're representing the Wynwood Free
Trade Zone?
Mr. Paul Lester: I represent Dade Foreign Trade Zoning.
261 May 26, 1998
Vice Chairman Plummer: All right.
Mr. Lester: My name is Paul Lester, 200 South Biscayne Boulevard, Suite 2100.
Vice Chairman Plummer: All right, sir.
Mr. Lester: And your ... your City Attorney, Miss Kearson, can tell you that the City is a
party to a tri-party agreement, which involves City National Bank of Florida, as a
construction lender, my client and the City. And, essentially, the requirement to be met is
the Certificate of Occupancy, which we should have within the next day or two, I'm
advised. And certain loan papers, which the City Attorney's office is looking at. I would
want to thank the Commission first of all for supporting this project, which has been
through a very, very tough period but it's getting to the point of completion. And, also,
to advise you that we did not ask for this resolution. My understanding is that the City
Attorney has said that HUD has required this because of certain clarification it needs with
the City because this is a Section 108 Program. The City passed a resolution a year ago,
which gave the City Manager and the City Attorney authority to complete, without a City
Commission hearing at this point, so, that's one clarification. The second clarification is
that Wynwood Community Economic Development Board is not only not my client, they
are a party that had contracted with a company called OSJ, which then contracted with
my client. So, my client is not the party that you're really looking to.
Vice Chairman Plummer: Sir, I think maybe that I'll read to you from a document dated
October the 5th, 1995, subject to beyond what was said, that there's been no meeting
since 1994. And there's an agreement that's in effect between WEDC, the Trade Zone,
OSJ, and all of those corporations are intertwined.
Mr. Lester: Well, the ... the ownership of Dade Foreign Trade Zone, Inc., is a private
entrepreneurial enterprise. Has nothing to do with the ownership.
Vice Chairman Plummer: And who is ... who is that owner of that enterprise, sir?
Mr. Lester: My client?
Vice Chairman Plummer: Of the enterprise, the private enterprise.
Mr. Lester: Yes. I have Oded Meltzer here, who's one of the ... one of the controlling
share holders.
Vice Chairman Plummer: All right, sir. And ... and is he of OSJ?
Mr. Lester: No, sir.
Vice Chairman Plummer: OK. And who is OSJ?
262 May 26, 1998
Mr. Lester: My understanding is, that's William Rios.
Vice Chairman Plummer: OK. And how is he benefiting by this transaction?
Mr. Lester: He is not benefiting by this transaction. There's none...
Vice Chairman Plummer: The Wynwood Trade Zone is not, in any way, monetarily have
any dealings with Mr. Bill Rios? Is that a true statement?
Mr. Lester: No, sir. Let me ... let me answer your question. The 108 loan that HUD is
affording through the City of Miami...
Vice Chairman Plummer: Right.
Mr. Lester: ...the proceeds of that loan will go for the benefit of Dade Foreign Trade
Zone, Inc., my client, to pay off the construction loan.
Vice Chairman Plummer: I ... I understand that.
Mr. Lester: My understanding is that there are certain arrangements... now I'm answering
your question, sir. There are certain arrangements between Wynwood and OSJ and my
client, which are outside the bounds of what we're ... what is being asked for here. In other
words, there are certain consulting arrangements. I can't really testify to those. I believe
Mr. Rios is here, if you wish to hear from him.
Vice Chairman Plummer: Well, what I'm, I'm trying to understand is, that I've been
trying to understand for a long time ... and that is that the Wynwood Organization,
Economic Development, which is headed by Mr. Rios, and now he is benefiting from this
which was put together by the City of Miami with almost absolutely free property and he
is on your payroll?
Mr. Lester: No, sir.
Vice Chairman Plummer: Then, he's on OSJ.
Mr. Lester: Yes, sir.
Vice Chairman Plummer: OK. And he, as an individual, is that correct?
Mr. Oded Meltzer: Yes, that is correct.
Vice Chairman Plummer: And ... and he did this as the director of the Economic
Development Corporation of Wynwood.
263 May 26, 1998
Mr. Lester: I would suggest, sir, that he speak for himself. My only concern is that the
HUD...
Vice Chairman Plummer: I'm just trying to find out, sir, where these bones are buried.
Mr. Lester: OK. Well, we have no bones buried. We have a Section 108 loan. We have
a tri-party agreement. We didn't...
Vice Chairman Plummer: And, then, one final question, sir.
Mr. Lester: We didn't ask for this...
Vice Chairman Plummer: What is the monetary consideration that you have with OSJ?
Mr. Lester: You want to speak to that, Oded? I wanted to say one other thing. We have
about ten million dollars ($10,000,000) invested in the project, which, I think, is not ... not
as substantial.
Vice Chairman Plummer: I'm asking OSJ, sir.
Mr. Lester: This is Oded Meltzer, who is a principal in Dade Foreign Trade Zone and
can answer this better than I.
Vice Chairman Plummer: Thank you, sir.
Mr. Meltzer: We have a contract with OSJ to pay them just about around two dollars
($2.00) a foot to manage the custom activities in the free trade zone.
Vice Chairman Plummer: And what is your financial projections as to what that would
bring in on an annual basis?
Mr. Meltzer: Right now we built a hundred fifty square feet. It should bring in, when
we're full, around three hundred thousand dollars ($300,000.00).
Vice Chairman Plummer: To OSJ?
Mr. Meltzer: Correct.
Vice Chairman Plummer: And that is from the developer, from, the executive director of
Wynwood Economic Development is going to profit from that as an individual?
Mr. Meltzer: I didn't say that, sir. No, I did not say ... OSJ is a ... the street people there
that are on the Board of Directors. It ... you have made agreement with ... in other words,
the City of Miami has asked for supervision of this ... all of this agreement when you
approve last time the tri-party agreement. Everything was done. I, based on your tri-party
264 May 26, 1998
agreement, when out to City National Bank and borrowed five and a half million dollars
($5,500,000.00), signed on it personally, and you are to pay this off when I deliver a CO.
I did so. In addition to that, I put four and a half million dollars ($4,500,000.00) out of
my pocket. I am into this deal today for ten million dollars ($10,000,000.) and I did
nothing wrong.
Vice Chairman Plummer: And tomorrow...
Mr. Meltzer: I built it because I committed to build it. Now, the City should come
forward because we have an agreement and the court order by a federal judge. Just
comply with what was said and was agreed. I would have never gone out and put ten
million dollars ($10,000,000.) from my pocket, if it wasn't for the fact that we had a
signed deal with the City Administration. I did what I had to do.
Vice Chairman Plummer: And, tomorrow, if this is approved, you're not out of pocket of
a dime?
Mr. Meltzer: Four and a half million dollars ($4,500,000.00) I have into it.
Vice Chairman Plummer: OK, sir.
Mr. Lester: No, no. The loan here, sir, is five and a half million. He's got a ten million
dollar ($10,000,000.00) investment. There's another loan backing up at the same point,
but it won't be tomorrow.
Vice Chairman Plummer: Yeah. But, you know ... look, let's ... let's call it like it is, all
right. They got a piece of property that was of value for peanuts, all right? So they, they
came out all right. All right?
Commissioner Teele: Who did? Who got the...
Vice Chairman Plummer: The way ... Wynwood Trade for... free... what was it? How
much was the property?
Ms. Cuervo: Twelve acres.
Vice Chairman Plummer: Twelve acres. And what did they pay for it?
Ms. Cuervo: Nothing.
Vice Chairman Plummer: Nothing. Free.
Mr. Meltzer: Sir, it's not free. We have a land lease that we pay sixty thousand dollars
($60,000.00) the first year and a hundred and twenty the second year.
265 May 26, 1998
Vice Chairman Plummer: OK.
Mr. Meltzer: Nothing is for free.
Commissioner Teele: To the City?
Commissioner Gort: Who do you pay that to?
Vice Chairman Plummer: Yeah, who's it paid to?
Mr. Meltzer: To Wynwood Economic Development Corporation.
Vice Chairman Plummer: Absolutely.
Mr. Lester: May I say...
Mr. Meltzer: What have I got to do with it?
Vice Chairman Plummer: OK.
Mr. Lester: Mr. Plummer, we don't dispute anything you've said, but we do ask that the
City Commission of this city...
Vice Chairman Plummer: Sir, can 1 tell you something?
Mr. Lester: You sure may.
Vice Chairman Plummer: This City Commission has no choice but to approve this item.
Mr. Lester: Thank you.
Vice Chairman Plummer: I'm just merely putting on a record what was to be a
development and an absolute economy boost to the people of Wynwood. I don't really
see that happening.
Mr. Lester: He's going to approve it. Sir, I...
Vice Chairman Plummer: The development of the Economic Development Corporation
has not even met, if I'm being told the truth, for four years.
Mr. Lester: Well, that's a different issue.
Vice Chairman Plummer: If I find out that that is not a true statement, which I have
reason and people that have called me and told me that they have met, then, sir, I will go
after the appropriate parties as I see fit.
266 May 26, 1998
Mr. Lester: You should.
Vice Chairman Plummer: And I will.
Mr. Lester: And I want to applaud you on the first part of your statement, wherein you
said the City Commission has no choice but to approve because we agree with that.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Now, I ... I don't know what this is about and I can tell you right
now, I'm not going to vote on this thing at all, OK? Because ... I'm just not going ... I'm
not going to put myself, again, in this kind of problem. I don't know what I'm voting on.
This is very confusing. If you're a member of a board that hadn't met, then, how can the
corporation exist? How can the board have authorized this? On ... every board has to
meet every year under ... even under Delaware law.
Mr. Lester: Can I ask Miss Kearson to, please clarify this?
Commissioner Teele: If this is a tri-party agreement ... if...if it's a tri-party agreement
between...
Mr. Lester: Wynwood's not a party, Mr. Teele.
Ms. Linda Kearson: Not with Wynwood, sir.
Mr. Lester: Not with Wynwood, sir.
Mr. Kearson: Tri-party agreements is between the City of Miami, Dade Foreign Trade
Zone, and City National Bank. Dade Foreign Trade Zone, Inc. is a developer of the
Wynwood Free Trade Zone.
Mr. Lester: And we meet all the time.
Ms. Kearson: The City borrowed the money on behalf of Dade Foreign Trade Zone.
Commissioner Teele: But how can, how can they be paying sixty thousand dollars
($60,000.00) a year to a corporation that doesn't exist?
Ms. Kearson: I can't answer that.
Vice Chairman Plummer: It does exist.
267 May 26, 1998
Commissioner Teele: A corporation that doesn't have board meetings.
Vice Chairman Plummer: That's a good question. That's the question I'm asking.
Commissioner Teele: I mean, you see ... you know, you can't ... you can't ... you can't just
look at this on ... on what's before us. You got to look at who the beneficial interests are.
And if what Commissioner Plummer is saying has any degree of...of...of correctness, and
I believe him, I don't see how you can say you got to vote for this, but I don't see how
anybody can stand...
Vice Chairman Plummer: Excuse me. Mr. Teele, just for the record, I did not make the
statement about 1994. The City Attorney is the one who said he made inquiry and he was
told 1994, that there has not been a board meeting. It's not my statement, sir. I can tell
you that there was one board meeting called since I was appointed to this board and I sat
outside of that office for one hour. Nobody ever showed up. Nobody was there. And I
left after making sure that somebody verified that I was sitting outside of that door
waiting for a meeting that never took place.
Mr. Lester: Mr. Plummer?
Vice Chairman Plummer: Subsequent, there was one other meeting, which I did attend.
It was very, very ideal of what was happening and who was making the votes and how
the votes were being made. OK? For example, Mr. Rios' salary was set by three people,
not by the board, of a hundred thousand dollars ($100,000.00) a year, if I recall the
numbers. I ... you know, I'm not going to go into all of it tonight. I don't think, Art, we
have a choice. I think these people have got the ability. But when you go into it, and
what Mr. Rios said that he'll get me some day for, when you found out that the treasurer
of OSJ was an eight year old boy, his son. OK?
Commissioner Teele: Commissioner, let me tell you this. I don't mean to impune your
integrity. That's not at all...
Vice Chairman Plummer: It's not mine.
Commissioner Teele: I ... that wasn't what I'm saying. And all, all I'm telling you is that
I have seen, over the last few years, enough circumstances that I'm going to give all of
you some advice. If you don't know who the players are, if you don't know who the
beneficiaries are, I would suggest you not vote on it. With all due respect to my strong
regard for Mr. Lester, but I'm telling you, this thing isn't right. Something's not right.
And I am not going to vote on it because I may even owe him money. I don't know. So
I'm not ... I'm not...
Vice Chairman Plummer: Mr. Teele, with all of my comments this evening, I'll tell you,
sir, I will make the vote to approve it because we have no other choice. I'm telling you
268 May 26, 1998
that. All right? All I was trying to get was the proper perspective, which I have tried to
do for years. OK.
Commissioner Gort: Mr. Chairman?
Vice Chairman Plummer: Who's calling me?
Commissioner Gort: I am.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: It's 8:59 and this is something that we all inherited. I think the only
person that was here when this begin was you, so you know, you know the whole history.
Vice Chairman Plummer: Yes.
Commissioner Gort: And I'm sorry you guys are caught in the middle. But, as I recall, I
was sitting here when we made the motion and when we made the motion, we requested
that one of us will sit there to make sure that the Wynwood Trade Zone would benefit the
people in Wynwood.
Vice Chairman Plummer: That was right.
Commissioner Gort: And that's the only reason we wanted to appoint someone to that
board.
Vice Chairman Plummer: Never had a meeting.
Commissioner Gort: Now, I think, in respect to the appointment made by this
Commission, you ... as you pay your fee, you should ask the person you pay your fee to, if
he's, if he's in compliance with all the requirements.
Mr. Lester: Have we paid it? We have not. We have not made a payment yet and we're
willing to put it in escrow, if you like.
Commissioner Gort: Excuse me, excuse me, excuse me. I haven't finished. I didn't
interrupt you, sir.
Mr. Lester: Excuse me, then. I'm sorry.
Commissioner Gort: My suggestion is, before you make your payment, you set your
people straight. I don't have any problem making a motion because, like J.L. stated,
we're ... we're going to make and I'm sorry, we're caught in the middle. I hope that this
will do what it was destined to do to benefit the people in Wynwood area...
269 May 26, 1998
Vice Chairman Plummer: Absolutely.
Commissioner Gort: Which was needed.
Vice Chairman Plummer: Absolutely. And I hope that...
Commissioner Gort: I'm ready to move forward.
Vice Chairman Plummer: ...you give everyone the opportunity, of the people that you
hire in that facility, that you give it to the people of Wynwood first and foremost because,
let me tell you, that's exactly what this City Commission tried to accomplish. When we
started this procedure, we did it with the idea of helping the economic conditions of
Wynwood.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Hernandez. Is it a motion or
resolution?
Ms. Cuervo: Resolution.
Commissioner Gort: Resolution.
Vice Chairman Plummer: Is there any further discussion? All in favor, say "aye." It
passes unanimously.
The Commission (Collectively): Aye.
270 May 26, 1998
The following resolution was introduced by Commissioner Gort, who moved its
adoption:
RESOLUTION NO. 98-542
A RESOLUTION, WITH ATTACHMENT, RATIFYING THE
EXECUTION OF THE CONTRACT FOR LOAN GUARANTEE
ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974, AS
AMENDED, 42 U.S.C. 5308, WITH THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT ("HUD"),
ATTACHED HERETO; DIRECTING THE CITY MANAGER
AND THE CITY ATTORNEY, AS RESPECTIVELY
APPROPRIATE, TO PREPARE AND/OR EXECUTE, ANY
AND ALL OTHER DOCUMENTS, INCLUDING NOTES,
WHICH ARE NECESSARY TO EFFECTUATE THE CITY'S
RECEIPT FROM HUD AND DISBURSEMENT OF THE
SECTION 108 LOAN GUARANTEE IN THE AMOUNT OF $5.5
MILLION TO DADE FOREIGN TRADE ZONE, INC. TO
ASSIST IN THE FINANCING OF THE WYNWOOD FREE
TRADE ZONE.
(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 Humberto Hernandez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Humberto Hernandez
Vice Chairman Plummer: Thank you, sir.
Mr. Lester: Thank you for your patience and advice.
271 May 26, 1998
Vice Chairman Plummer: Is there any other items of the agenda. We're now on pocket
items. Mr. Regalado?
Commissioner Regalado: Yes, sir.
Vice Chairman Plummer: Item 21, which is...
Ms. Cuervo: A resolution of a restructuring plan that was...
Commissioner Regalado: I have a ... Mr. Chairman, I have a pocket item.
Vice Chairman Plummer: Item 21.
Ms. Cuervo: It was recommended by the Housing Loan Committee and the
Administration recommends it.
Commissioner Regalado: I move Item 21.
Vice Chairman Plummer: Is there a second?
Commissioner Teele: Second.
Vice Chairman Plummer: Seconded by Teele. Any further discussion? Show
unanimous vote.
272 May 26, 1998
The following resolution was introduced by Commissioner Hernandez, who moved its
adoption:
RESOLUTION NO. 98-543
A RESOLUTION APPROVING THE RESTRUCTURING OF
THE CITY' S MULTI -FAMILY REHABILITATION LOAN IN
THE AMOUNT OF $450,000.00 ("CITY LOAN") PROVIDED
IN CONNECTION WITH THE REHABILITATION OF A 90-
UNIT APARTMENT COMPLEX LOCATED AT
APPROXIMATELY 5554 N.W. MIAMI COURT, MIAMI,
FLORIDA, IN THE LITTLE HAITI TARGET AREA;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ACCEPT $225,000.00 IN FUNDS FROM THE PROPERTY
OWNER AS A PARTIAL PAYMENT ON THE CITY LOAN;
APPROVING A SEVEN (7) YEAR DEFERMENT OF
PAYMENTS ON THE REMAINING BALANCE OF THE
CITY' S LOAN OF $225,000.00 AT SIX PERCENT (6%)
INTEREST, PLUST THE PAST DUE PRINCIPLE AND
INTEREST PAYMENTS CURRENTLY OWED TO THE CITY;
FURTHER AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A SUBORDINATION
AGREEMENT IN FAVOR OF EASTERN NATIONAL BANK'S
MORTGAGE IN THE AMOUNT OF $1,025,000.00, PROVIDED
IN CONNECTION WITH THE REFINANCING OF THE
SUBJECT PROPERTY, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, SUBJECT TO CERTAIN TERMS AND
CONDITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
273 May 26, 1998
66. APPROVE EMERGENCY ORDINANCE: AUTHORIZE VALET PARKING
ALONG CORAL'' WAY CORRIDOR (SOUTHWEST 22 STREET, SOUTHWEST
AVENUE AND SOUTHWEST/SOUTHEAST 13 STREET) FROM SOUTHWEST 37
AVENUE, TO BRICKELL AVENUE.
Vice Chairman Plummer: Anything else on the items ... pocket items. Mr. Regalado?
Commissioner Regalado: Yes. Mr. Chairman, I have a pocket item here. It's about the
valet parking ordinance for the Coral Way Corridor and it's been determined by Public
Works and by the City Attorney that it's going to be done the way that it's been done in
Coconut Grove and Downtown Miami the same.
Vice Chairman Plummer: But it's ... it's not in a moving lane?
Commissioner Regalado: It's not in a moving lane.
Vice Chairman Plummer: OK. Moved by Regalado. Seconded by Gort. Is there any
further discussion?
Mr. Maxwell: That's an emergency ordinance. You have to read the...
Commissioner Regalado: It is ... it is an ordinance.
Vice Chairman Plummer: Is it an ordinance? I'm sorry.
Mr. Maxwell: It's ord... an emergency ordinance you have?
Commissioner Regalado: Emergency ordinance.
Vice Chairman Plummer: What is the justification for the emergency?
Commissioner Regalado: Because it's been done in two places and they don't...
Vice Chairman Plummer: That's fine.
Commissioner Regalado: They want to comply with the law.
Commissioner Gort: Maria, Maria?
Vice Chairman Plummer: Read the ordinance.
Commissioner Gort: Maria, I need...
Vice Chairman Plummer: Shut up. Read the ordinance.
274 May 26, 1998
Mr. Maxwell: I don't have a copy ... could you read the ordinance? I don't have a copy of
it, the emergency...
Vice Chairman Plummer: Here, read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
Mr. Maxwell: OK.
Vice Chairman Plummer: I only have one question. Mr. Regalado.
Commissioner Regalado: Yes.
Vice Chairman Plummer: Does this include Maria's Greek Restaurant?
Commissioner Regalado: Yes, yes.
Vice Chairman Plummer: All right. It's an emergency, two readings, four fifths.
Commissioner Regalado: Actually, the other day, there was no parking in Maria's and I
have to go across the street, so, you need to advise them that they need valet parking.
Vice Chairman Plummer: You're going to provide it. Call the roll.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE AUTHORIZING VALET
PARKING ALONG THE CORAL WAY CORRIDOR
(SOUTHWEST 22"D STREET, SOUTHWEST 3RD AVENUE
AND SOUTHWEST/SOUTHEAST 13"' STREET) FROM
SOUTHWEST 37"' AVENUE TO BRICKELL AVENUE, AS
HEREIN SPECIFIED, SUBJECT TO ALL RULES,
PROCEDURES, AND CRITERIA SET FORTH IN ARTICLE
VIII OF CHAPTER 35 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, RELATING TO VALET
PARKING; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
275 May 26, 1998
was introduced by Commissioner Regalado and seconded by Commissioner Gort, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Regalado and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11663.
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.
67. COMMISSIONER REGALADO DIRECTSCITY ATTORNEY TO
EVALUATE PENSION MATTER.
Vice Chairman Plummer: Any other pocket items? I have ... OK. Guys...
Commissioner Regalado: I ... Mr. Chairman, I ... I just have a question for the City
Attorney. It's about a case regarding a pension and the City Attorney had spoken to him
already and he's going to get back to us regarding this issue.
Vice Chairman Plummer: All right.
276 May 26, 1998
Vice Chairman Plummer: Gentlemen, I'm going to bring up the greatest bureaucracy in
the world. To simply get a little item done at Bayfront Park, I got to do three resolutions.
For one...
Commissioner Gort: Uh-uh.
Vice Chairman Plummer: I got to. I got no choice.
Commissioner Gort: Only one per Commissioner.
[AT THIS POINT COMMISSIONER PLUMMER READ THE RESOLUTION INTO
THE PUBLIC RECORD]
Vice Chairman Plummer: I so move. All in favor, say "aye." Oppose? Show
unanimous.
The Commission (Collectively): Aye.
277 May 26, 1998
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 98-544
A RESOLUTION, APPROVING, IN PRINCIPLE THE
EMERGENCY REPAIR OF THE TRAFFIC CIRCLE LOCATED
ON THE SOUTH SERVICE ROAD IN THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK, IN AN ESTIMATED
AMOUNT OF $50,000; ALLOCATING FUNDS THEREFOR
FROM CONTRIBUTIONS FOR SAID PURPOSE AS
FOLLOWS: 1) $20,000 FROM BAYSIDE CENTER LIMITED
PARTNERSHIP, 2) $20,000 FROM BAYFRONT VENTURES
D/B/A BAYFRONT PRINCESS, 3) $10,000 FROM BAYFRONT
PARK MANAGEMENT TRUST, CAPITAL IMPROVEMENTS
ACCOUNT; FURTHER, THIS MATTER WILL BE
PRESENTED TO THE COMMISSION FOR FINAL
CONSIDERATION AT THE JUNE 9, 1998 COMMISSION
MEETING.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
278 May 26, 1998
69. ACCEPT DONATIONS FROM BAYSIDE CENTER LIMITED
PARTNERSHIP ($20,000.00) AND FROM BAYFRONT VENTURES D/B/A
BAYFRONT PRINCESS ($20,000.00) — FOR REPAIR OF TRAFFIC CIRCLE IN
MILDRED AND CLAUDE PEPPERBAYFRONT PARK.
[AT THIS TIME COMMISSIONER PLUMMER READ THE RESOLUTION INTO
THE PUBLIC RECORD].
Vice Chairman Plummer: I so move. Second and favor, say "aye." If opposition, say
none.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 98-545
A RESOLUTION ACCEPTING DONATIONS FROM
BAYFRONT VENTURES D/B/A BAYFRONT PRINCESS, IN
THE AMOUNT OF $20,000.00, AND BAYSIDE CENTER
LIMITED PARTNERSHIP, IN THE AMOUNT OF $20,000.00,
FOR A TOTAL AMOUNT OF $40,000.00, FOR REPAIR TO THE
TRAFFIC CIRCLE ON THE SOUTH SERVICE ROAD
LOCATED IN THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCPETABLE TO THE CITY ATTORNEY, TO ACCEPT SAID
DONATIONS.
(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 Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
279 May 26, 1998
[AT THIS TIME COMMISSIONER PLUMMER READ THE RESOLUTION INTO
THE PUBLIC RECORD]
Vice Chairman Plummer: I so move. Seconded by Hernandez. All in favor, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All in opposition? Show unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 98-546
A RESOLUTION DIRECTING THE CITY MANAGER TO
DISBURSE FUNDS TO THE BAYFRONT PARK
MANAGEMENT TRUST (THE "TRUST"), IN THE AMOUNT
OF $700,000 PREVIOUSLY APPROVED FOR CAPITAL
IMPROVEMENT PROJECTS AT MILDRED AND CLAUDE
PEPPER BAYFRONT PARK, PURSUANT TO RESOLUTION
NO. 98-404; AND FURTHER DIRECTING THE TRUST TO
PLACE SAID CAPITAL IMPROVEMENT PROJECTS OUT
FOR PUBLIC BID, PURSUANT TO APPLICABLE CITY
PROCUREMENT PROCEDURES, WITH SAID PROJECTS BE
COMPLETED BY SEPTEMBER 30, 1998.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
280 May 26, 1998
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
71. COMMENTS FROM COMMISSIONER REGALADO REGARDING YOUTH
SERVICE ORGANIZATIONS USING CITY PARKS.
Vice Chairman Plummer: Is there any other matters to come before this...
Commissioner Regalado: Yes, yes.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Just very briefly. As you know, as a Commissioner in charge
of parks, I've been working in the last year with the Youth Service Organizations that
utilize the city parks and I'm pleased to report that the majority of this group have
submitted... requesting financial reports and have conducted fund raisers. Close to five
thousand dollars ($5,000.00) have been collected and we'll be preparing a report from all
this activities and sending it to the members of the Commission within the next 30 days.
281 May 26, 1998
Vice Chairman Plummer: Very good, sir. Mr. Teele, you had something?
Commissioner Teele: Mr. Chairman, I want to commend you again for your diligence for
Bayfront Park and ... and, again ... I mean, I ... I think it's very important that this community
represent all of the constituents. Next ... at the next Commission meeting, I'm going to
move forward with an ordinance related to trying to develop some business corridor ... a
business corridor in Overtown and I ... I take this opportunity to ask the Management to
present that ordinance because I really do think that we need to move forward also for the
residents of this community. Mr. Chairman, this past week we had a ... a situation where
the City actually provides Section 8 vouchers in Liberty City. On May 101h, The Herald
did an extensive story about the number of murders in Liberty City. The overlay in the
zone there between 58`' Street and 71' Street is an exact overlay where the City has all of
the city Section 8 vouchers. I'm asking the Manager to come back in the next
Commission meeting with the Police Department, as well as with the Community
Development, and lay out a program to begin to improve the conditions in that area, as
well as to suppress crime. You know, we've got police all over this town but, apparently,
you know, when you drive down 61' Street, between 12"' Avenue and 15`h Avenue,
known as Germ City, as we did on Saturday, for the better part of an hour and a half,
there was not one police car or bicycle to come by. We called for a meeting of the
residents of city -owned property. This is the property where The Herald talked about a
city man ... City Financed Property, where maggots and mice and rats and even possums
and roaches are all over the place. Drug sales are public, open and notorious on 61't
Street and, yet ... you know, we don't need a computer model to determine that crime and
murders are rampant in this area. The May 10'h story in the Miami Herald, which was not
done with sophisticated computer modeling, but just simply putting dots up on the board
and showing where all of the murders are in the northwest section and most of the City of
Miami are contained in a six -block area and I can tell you that we called for a meeting on
Saturday. We expected 15 people. Over 200 people showed up and, yet, we still have
not seen police officers. The Manager sent in Community Development staff of about
five people, as well as Building and Zoning and other departments. The NET office was
there. And I would invite you, Mr. Chairman, and the members of this Commission to go
on 61" Street, between 12"' Avenue and 15'h Avenue, and see for yourself that the
282 May 26, 1998
conditions in this area are just intolerable. But the worst part about it is that it is City
sponsored, government, financed conditions. You may recall, this is the same area that
Mr. Ferrer called for the National Guard to be brought in at one time. It's the same area
that the City of Miami Police barricaded off for about four months. You know ... and I
don't quarrel with anybody's response because, you know, we need all the help we can
get. But barricading people in is not going to change the situation. We've got to come
up in ... that's why I'm asking the Manager to give us a comprehensive plan for what we
could do and I would hope that the Police Department would be a part of that because,
you know, one thing follows the other and ... and it's really, really tragic. And I would
certainly ask the Commission to take note of this. This is something that has gone on. I
think, J.L, you know about it. It's the same area called Germ City that we used police
barricades for the better part of four to six months and we've just got to do something
about it. We just can't continue to wres... towing our hand. But the most troubling thing
about it, Mr. Chairman, is that this is where the Miami Herald on May 10"', in that ... in
that very expansive coverage that they did ... front page, Miami Herald story. It was even
two or three stories, maybe a series, identifies this area as being the focal point of all of
the crime in the City of...of deaths, gang -related, violent deaths in the city and, yet, we're
doing nothing about it. And so, I'm putting it on the record. I'd like very much for the
Management to come back with a report.
Vice Chairman Plummer: Mr. Teele, you're very well right to ask and demand and I
would ask the Administration that, on the June 9`h meeting, you schedule a 10 minute
presentation by the Police Department to address the concerns of Mr. Teele and what
they, in fact, are going to do in relation to that. I have just one quick question. I had
asked before about the drug arrests and prostitution arrests being on Cable 9. I have, yet,
to see any of it. I think that I got a call from the Chief asking me that he wanted to do it
in proper perspective and I concur, but I think that time is running on and I would like an
answer as to when it starts. Is there any other matters to come before...?
73. DIRECT CITY MANAGER AND CITY CLERK TO PROVIDE REPORT'
REGARDING VACANCIESAND RETAINED FUNDS OF THE BAYSIDE
MINORITY FOUNDATION.
Commissioner Gort: Yes, I've been asking for the last 15 minutes.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Thank you, Mr. Chairman. I'm glad that you finally listened to me.
No. I'd like to get a report on the Bayside Board of Directors that we have. Bayside...
Vice Chairman Plummer: Minority?
Commissioner Gort: Minority...
283 May 26, 1998
Vice Chairman Plummer: Yes.
Ms. Cuervo: Bayside Minority.
Commissioner Gort: I'd like to find out ... because my understanding is, my appointment
was placed by, first, Commissioner Alonso. I mean Commissioner Kennedy, then
Alonso and I ... I guess I inherited that. I'd like to know the status on the appointments on
those boards and...
Vice Chairman Plummer: Well, let me tell you. If I think what I understand what you're
asking, and that's the Bayside Minority?
Commissioner Gort: Yes.
Vice Chairman Plummer: They're sitting on top of approximately a million dollars
($1,000,000.00) and none of the money has been dispersed.
Commissioner Gort: And that's why ... one of the reasons I'd like to know...
Vice Chairman Plummer: I think that you need to not only know about ... not only about
the board, but about the dollars that are involved. I think a full audit ... well, not an audit.
What I'm thinking is how much money should be there and if any of that's been spent,
which I understand it hasn't and why it hasn't, is it being invested and I think we need to
know the whole scenario.
Vice Chairman Plummer: Now, again, I'll ask the question. Is there any other matters to
come before this Commission?
Commissioner Gort: Move to adjourn.
Vice Chairman Plummer: Always in order.
284 May 26, 1998
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:13 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
VICE CHAIRMAN J.L. PLUMMER, JR.
PRESIDING OFFICER/CHAIRMAN
op
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285 May 26, 1998