HomeMy WebLinkAboutCC 1998-06-09 MinutesCITY OF MIAMI
r4*5161,
HI
COMMISSION
MINUTES
OF MEETING HELD ON JUNE 9, 1998 (Regular)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF REGULAR MEETING
June 9, 1998
ITEM NO. SUBJECT
LEGISLATION
1. DISCUSS ITEMS TO BE WITHDRAWN FROM CONSENT 6/9/98
AND REGULAR AGENDA -- SEE LABEL 3. DISCUSSION
2
2. DEFER CONSIDERATION OF AGENDA ITEM 12
(DISCONTINUE DEPARTMENT OF OFF-STREET
PARKING (DOSP) — CREATED BY ORDINANCE 5461) —
INSTRUCT CITY ATTORNEY TO WORK WITH
DEPARTMENT TO DEVELOP AN ALTERNATIVE
ORDINANCE.
3. CONSENT AGENDA.
(A) TABLE CONSIDERATION OF CONSENT
AGENDA ITEM 7 (AGREEMENT TO AMEND
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL
IMPACT AND INCREMENT 1, DEVELOPMENT ORDERS
(DRI) WITHOUT FILING NOTICE) TO LATER IN
SESSION -- SEE LABEL 3.
3.1 APPROVE CONTRACT FOR CITYWIDE AIR CONDITION
SERVICES FROM AIRSOURCE SERVICE, INC. / CITY
AIR, INC / ARTIC BREEZE AIR CONDITIONING, INC. /
TEMPTROL AIR CONDITIONING, INC / C.G.R.
CONSTRUCTION CO.. / TRINITY AIR CONDITIONING
COMPANY -- ALLOCATE $10,000.00 FROM ACCOUNT
506000.420119.670.
3.2 APPROVE PURCHASE OF MICROCOMPUTERS,
RELATED PERIPHERALS, SOFTWARE AND SERVICES --
FOR COMMUNITY DEVELOPMENT -- ALLOCATE
$318,159.00 FROM ACCOUNTS FROM SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM,
MIAMI-DADE WAGES COALITION AND 23 YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
6/9/98
DISCUSSION
3
6/9/98
DISCUSSION
4-9
6/9/98
R 98-550
9
6/9/98
R 98-551
10
3.3 AUTHORIZE INDIVIDUAL AGREEMENTS WITH NINE 6/9/98
COMMUNITY BASED ORGANIZATIONS -- FOR R 98-552
IMPLEMENTING ECONOMIC DEVELOPMENT 10-11
PROGRAMS -- ALLOCATE $475,000.00 FROM 24 YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
INCENTIVE FUND AND $167,000.00 FROM COMMUNITY
DEVELOPMENT CONTINGENCY FUNDS.
3.4 AUTHORIZE CAP OF $12, 000.00 ON USER FEES FOR 6/9/98
EVANGELISTIC CRUSADE "DIOS ESTA AQUI" -- FROM R 98-553
JUNE 22 TO JUNE 27, 1998 -- AT ORANGE BOWL 11
STADIUM.
3.5 AUTHORIZE $148,902.00 ALLOCATION OF FUNDS 6/9/98
FROM SPECIAL REVENUE FUND: MIAMI-DADE R 98-554
COUNTY EMS GRANT AWARD (FY '97298) -- FOR 11
PAYMENT OF ADMINISTRATIVE AND OPERATIONAL
COSTS OF MIAMI-DADE COUNTY EMERGENCY
MEDICAL SERVICES EMS GRANTS AWARD PROGRAM.
3.6 AUTHORIZE AGREEMENT WITH VILLAGE OF KEY 6/9/98
BISCAYNE -- FOR PROVISION OF AUTOMATIC AID R 98-555
AND ANCILLARY RESCUE SERVICES TO SAID 12
VILLAGE.
3.7 RESCIND RESOLUTION 98-126 AWARDING BID OF G.
6/9/98
FAMILY ENTERPRISE, INC. -- FOR EDISON/LITTLE
R 98-556
RIVER C.D. SIDEWALK PROJECT, B-4603 -- FURTHER
12
REJECTING ALL BIDS AND AUTHORIZING MANAGER
TO RE -ADVERTISE FOR BIDS FOR SAID PROJECT.
3.8 APPROVE APPLICATION BY FLORIDA
6/9/98
INTERNATIONAL RESTAURANT & HOTEL
R 98-557
EXPOSITION INC. -- TO ALLOW CONSUMPTION OF
13
LIQUOR ON PREMISES OF COCONUT GROVE
CONVENTION CENTER DURING TWO-DAY DISPLAY
BY MANUFACTURERS (DULY 11-12, 1998).
3.9 ALLOCATE $114,800.00 FOR REHABILITATION OF
6/9/98
DOWNTOWN BUSINESSES UNDER COMMERCIAL
R 98-558
FACADE PROGRAM -- ALLOCATE FUNDS FROM 24
13
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT 7999602 -- FURTHER PROVIDING THAT
DOWNTOWN MIAMI PARTNERSHIP, INC. SHALL
PROVIDE CERTAIN SERVICES IN CONNECTION WITH
SAID PROGRAM.
3.10 ALLOCATE $84,400.00 FOR REHABILITATION OF
BUSINESSES IN LITTLE HAVANA AREA UNDER
COMMERCIAL FACADE PROGRAM -- ALLOCATE
FUNDS FROM 24 YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT 7999602-- FURTHER
PROVIDING THAT LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC. SHALL PROVIDE CERTAIN
SERVICES IN CONNECTION WITH SAID PROGRAM.
3.11 AUTHORIZE $7,000.00 FOR REHABILITATION OF ONE
BUSINESS LOCATED AT 2547 NORTHWEST 20 STREET
IN ALLAPATAH TARGET AREA UNDER COMMERCIAL
CODE COMPLIANCE PROGRAM -- ALLOCATE FUNDS
FROM COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT 799613 -- FURTHER PROVIDING THAT
ALLAPATAH BUSINESS DEVELOPMENT AUTHORITY
INC. SHALL PROVIDE CERTAIN SERVICES IN
CONNECTION WITH SAID PROGRAM.
3.12 (A) AUTHORIZE PROFESSIONAL SERVICES
AGREEMENT WITH FLORIDA INTERNATIONAL
INSTITUTE OF GOVERNMENT -- FOR CITYWIDE
EMPLOYEE TRAINING AND LEADERSHIP
DEVELOPMENT -- FOR DEPARTMENT OF HUMAN
RESOURCES -- ALLOCATE $2272,400.00 FROM SPECIAL
PROGRAMS AND ACCOUNTS ACCOUNT
001000-921202.6.410.
(B) RE -SCHEDULE AGENDA ITEM 25
(CONVEYANCE OF REAL PROPERTY LOCATED
WITHIN TRACT 3 OF RIVERSIDE PLAZA BY
DEPARTMENT OF OFF-STREET PARKING TO FLORIDA
DEPARTMENT OF TRANSPORTATION FOR USE AS
RIGHT-OF-WAY) TO PLANNING AND ZONING
MEETING OF JUNE 23, 1998.
(C) DISCUSSION REGARDING NON -EXTENSION OF
COMMERCIAL FACADE FUNDS TO MODEL CITY
BUSINESSES -- FURTHER REQUESTING PROPOSAL TO
ALLOCATE COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS TO POORER AREAS.
4. AUTHORIZE AGREEMENT BETWEEN DOWNTOWN
DEVELOPMENT AUTHORITY / FLORIDA DEPARTMENT
OF TRANSPORTATION / FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS TO AMEND DOWNTOWN
MIAMI DEVELOPMENT OF REGIONAL IMPACT AND
INCREMENT 1, DEVELOPMENT ORDERS (DRI)
WITHOUT FILING NOTICE -- SEE LABEL 3.
6/9/98
R 98-559
14
6/9/98
R 98-560
15
6/9/98
R 98-561
16
6/9/98
R 98-562
17-19
5.
AUTHORIZE ENTERING INTO MEMORANDUM OF
6/9/98
UNDERSTANDING WITH AMERICAN FEDERATION OF
R 98-563
STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
19-26
LOCAL 1907; THE CITY INDEPENDENT GROUP UNION;
THE CITY OF MIAMI RETIREE ASSOCIATION TO
AMEND FINAL ORDER IN LEONARD L. GATES ET. AL.
V. CITY OF MIAMI, CASE 77-9491 CA (04) -- INCREASE
RETIREMENT BENEFIT MULTIPLIER -- DELETE
LONGEVITY SUPPLEMENT -- MODIFY COST OF
LIVING ADJUSTMENTS -- MODIFY FUNDING
MECHANISMS AND ASSET VALUATION METHODS.
6.
AUTHORIZE ENTERING INTO COLLECTIVE
6/9/98
BARGAINING AGREEMENT BETWEEN CITY AND
98-564
MIAMI FEDERAL EMPLOYEES AMERICAN
27
FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, LOCAL 1907, AFL-CIO -- FOR PERIOD OF
OCTOBER 1997 THROUGH SEPTEMBER 2000.
7.
AUTHORIZE ENTERING INTO COLLECTIVE
6/9/98
BARGAINING AGREEMENT BETWEEN CITY AND CITY
R 98-565
INDEPENDENT GROUP UNION -- FOR PERIOD OF
28-36
OCTOBER 1997 THROUGH SEPTEMBER 2000 -- MODIFY
TO INCLUDE 90 DAY NOTICE FOR PRIVATIZATION OF
FUNCTIONS.
8.
APPROVE SOLE SOURCE FINDING FOR PHYSIO
6/9/98
CONTROL CARDIAC LIFE SUPPORT EQUIPMENT
R 98-566
MAINTENANCE SERVICE -- FROM PHYSIO CONTROL
36-38
CORPORATION -- FOR FIRE -RESCUE -- ALLOCATE
$66,012.00 FROM ACCOUNT 280601.270.
9. CONTINUE TO LATER IN SESSION CONSIDERATION 6/9/98
OF AGENDA ITEM 6 (PERSONAL APPEARANCE: DISCUSSION
SAMUEL D. JOHNSON REGARDING CHARLES HADLEY 38-39
PARK AND CORRESPONDING YOUTH PROGRAM) --
SEE LABEL 41.
10. APPROVE SECOND READING ORDINANCE: AMEND 6/9/98
ORDINANCE 11506: CALI CARTEL ENFORCEMENT -- ORDINANCE
APPROVE ADDITIONAL FUNDS FOR OPERATION OF 11664
PROGRAM FROM MONROE COUNTY SHERIFF'S 39-40
OFFICE -- FURTHER AUTHORIZING CITY MANAGER
TO ACCEPT SAID GRANT.
11. APPROVE FIRST READING ORDINANCE: AMEND 6/9/98
SECTION 53-83(B)(1)B AND C OF CODE: ADMISSION FIRST READING
TAX AND MINIMUM CHARGES -- FOR RENTAL FEES ORDINANCE
FOR USE OF ORANGE BOWL STADIUM -- FOR HIGH 40-42
SCHOOL FOOTBALL GAMES.
12. APPROVE FIRST READING ORDINANCE: ESTABLISH 6/9/98
NEW SPECIAL REVENUE FUND: COMMUNITY FIRST READING
POLICING DEMONSTRATION CENTER -- APPROPRIATE ORDINANCE
FUNDS FOR SAME FROM U.S. DEPARTMENT OF 42-43
JUSTICE GRANT.
13. APPROVE FIRST READING ORDINANCE: AMEND 6/9/98
ORDINANCE 10021 -- INCREASE LAW ENFORCEMENT FIRST READING
TRUST FUND MONIES DUE TO FORFEITURE ACTIONS ORDINANCE
($1,080,000.00). 43-44
14. AUTHORIZE $408,000.00 REIMBURSEMENT OF CITY 6/9/98
GENERAL FUND FROM LAW ENFORCEMENT TRUST R 98-567
FUND, PROJECTS 690002 AND 690003. 44-46
15. RATIFY / APPROVE / CONFIRM CITY MANAGER'S 6/9/98
EMERGENCY FINDING -- WAIVE COMPETITIVE BIDS -- R 98-568
AWARD ACQUISITION OF TELEPHONE SYSTEMS TO 47-49
BELL SOUTH COMMUNICATIONS AND BELL SOUTH
TELECOMMUNICATIONS, INC. -- FOR PROCESSOR,
VOICE MAIL, TELEPHONES, PROGRAMMING
CONFIGURATION, INSTALLATION, TRAINING AND
DIAL TONE SERVICES -- FOR DEPARTMENT OF
COMMUNITY DEVELOPMENT AT 1313 NORTHWEST 36
STREET -- ALLOCATE $270,000.00 FROM ACCOUNTS:
184085.454002.6.510; 184086.45003.6.510;
18407.454004.6.510; 184088.454005.6.510;
184089.45006.6.510.
16. AUTHORIZE AMENDMENT TO AGREEMENT IWTH 6/9/98
HAWKINS, DELAFIELD & WOOD AND HOLZTMAN, R 98-569
KRINZMAN, EQUELS & FURIA, P.A. CO. - BOND 49-51
COUNSEL FOR CITY -- INCREASING FEE CAP FROM
$89,000.00 TO $138,000.00 -- ALLOCATE FUNDS FROM
00100.921002.6.270.
17. TABLE CONSIDERATION OF AGENDA ITEM 15 6/9/98
(DESIGNATE PRIORITY BUSINESS CORRIDOR) TO DISCUSSION
LATER IN SESSION. 51-52
18. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT 6/9/98
WITH DAVID PLUMMER AND ASSOCIATES -- FOR R 98-570
ENGINEERING SERVICES RELATED TO 52-53
IMPROVEMENTS AND REPAIR TO ROAD SERVICE AND
TRAFFIC CIRCLE IN BAYFRONT PARK -- ALLOCATE
MAXIMUM OF $10,000.00 FROM BAYFRONT PARK
CAPITAL IMPROVEMENT PROJECT 331401.
19. TABLE TO LATER IN SESSION CONSIDERATION OF 6/9/98
AGENDA ITEM 17 (APPROVE EM(APPROVE DISCUSSION
EMERGENCY FINDING FOR PROCUREMENT OF 53-56
FORKLIFT FROM MARINE STADIUM MARINA) SEE
LABEL 43.
20.
AUTHORIZE $15,737.00 PAYMENT OF LEGAL FEES --
6/9/98
FOR SERVICES PROVIDED -- FOR DAVIS, SCOTT,
R 98-571
WEBER & EDWARDS -- FOR RAINBOW LIGHTING, INC.
56-58
ET AL VS. LAWTON CHILES, FINANCIAL EMERGENCY
OVERSIGHT BOARD AND CITY OF MIAMI LAWSUIT,
CASE 97-13487 -- FURTHER AUTHORIZE SERVICE
PAYMENTS OF $1,065.00 TO MILLEDGE IDEN & HELD
-- ALLOCATE $17,802.00 TOTAL FROM ACCOUNT
515 001.424401.6.661.
21.
AUTHORIZE $9,449.19 FEE PAYMENT -- FOR LEGAL
6/9/98
SERVICES -- BY WEISS SEROTA HELFMAN PASTORIZA
R 98-572
& GUEDES, P.A. -- FOR PULSE VS. CITY OF MIAMI
58-60
LAWSUIT -- ALLOCATE FUNDS FROM ACCOUNT
515 001.424401.6.661.
22.
AUTHORIZE $4,203.83 PAYMENT OF LEGAL FEES --
6/9/98
FOR SERVICES PROVIDED -- FOR DAVIS, SCOTT,
R 98-573
WEBER & EDWARDS -- FOR FLORIDA PANTHERS
60-61
HOCKEY CLUB, LTD. ET AL VS. MIAMI SPORTS AND
EXHIBITION AUTHORITY AND CITY OF MIAMI, CASE
96-2168-CIV-FERGUSON -- ALLOCATE FUNDS FROM
ACCOUNT 515001.424401.6.661.
23.
AUTHORIZE $145,031.06 PAYMENT OF LEGAL FEES --
6/9/98
FOR SERVICES PROVIDED -- FOR DAVIS, SCOTT,
R 98-574
WEBER & EDWARDS -- FOR DECOMA MIAMI
61-63
ASSOCIATES LTD. VS. CITY OF MIAMI AND MIAMI
SPORTS AND EXHIBITION AUTHORITY, CASE 96-12055
CA-02 -- FURTHER AUTHORIZING $50,000.00
MAXIMUM FOR CONTINUED ENGAGEMENT OF SAID
FIRM -- ALLOCATE FUNDS FROM ACCOUNT
515 001.4244401.6.661.
24.
AUTHORIZE $17,779.32 PAYMENT OF LEGAL FEES --
6/9/98
FOR SERVICES PROVIDED -- FOR ALLEY &
R 98-575
ALLEY/FORD & HARRISON AND MILLEDGE IDEN &
63-66
HELD -- IN CONNECTION WITH PROPERTY LOCATED
AT 3471 MAIN HIGHWAY (A/K/A COMMODORE BAY) --
ALLOCATE FUNDS FROM 515001.4244401.6.661. --
FURTHER DIRECT CITY ATTORNEY TO PURSUE
ATTORNEYS' FEES ON FRIVOLOUS LAWSUITS.
25.
AUTHORIZE $17,847.00 FEE PAYMENT -- FOR LEGAL
6/9/98
SERVICES --BY WEISS SEROTA HELFMAN PASTORIZA
R 98-576
& GUEDES, P.A. -- FOR TWO LAWSUITS: IVEY
66-70
KEARSON, JR. VS. THE CITY OF MIAMI AND CIVIL
SERVICE BOARD, CASES 96-238 AP AND 96-242 AP --
FURTHER INSTRUCTING CITY ATTORNEY TO
ATTEMPT TO SETTLE SAID MATTER -- BRIEF
COMMENTS REGARDING ATTEMPT TO SETTLE
EDWARD MARQUEZ VS. CITY OF MIAMI LAWSUIT.
26.
(A) DIRECT CITY MANAGER TO INSTRUCT
6/9/98
ADMINISTRATION TO PAVE PORTION OF PUBLIC
R 98-577
ALLEY LOCATED SOUTH OF WEST FLAGLER
70-79
BETWEEN 52 COURT SOUTHWEST AND 54 AVENUE --
FURTHER INSTRUCTING THE CITY MANAGER TO
EXPEDITE INSTALLING GATE IN SAID ALLEY AND TO
CONDUCT PUBLIC HEARING WHENEVER CLOSING
ALLEY WAYS.
(B) BRIEF DISCUSSION CONCERNING
CONVEYANCE OF ALLEY ON MARLA AVENUE TO
RESIDENTS.
27.
APPROVE RECONSIDERATION OF AGENDA ITEM PZ-6
6/9/98
FROM MEETING OF MAY 26, 1998 (APPEAL OF IMPACT
M 98-578
FEE BOARD OF REVIEW --- FOR PROPERTY LOCATED
M 98-579
AT 3000 SOUTHWEST 3 AVENUE, A/K/A. MONSERRAT
80-82
APARTMENTS).
28. DISCUSS CITY'S RESPONSE TO DEPARTMENT OF 6/9/98
HOUSING AND URBAN DEVELOPMENT (HUD) AUDIT - DISCUSSION
FURTHER DISCUSS NEED TO REORGANIZE 83-87
COMMUNITY DEVELOPMENT IN ORDER TO ADDRESS
SYSTEMIC WEAKNESSES ADDRESSED BY HUD AUDIT.
29.
APPROVE ESTABLISHMENT OF SEVEN -MEMBER
6/9/98
HOUSING LOAN COMMITTEE -- FOR APPROVAL
R 98-580
AND/OR DISAPPROVAL OF LOANS AND/OR GRANTS;
88-95
SUBORDINATION AGREEMENTS; LOAN
RESTRUCTURING PLANS AND/OR REPAYMENTS OF
LOANS PROVIDED BY CITY THROUGH COMMUNITY
DEVELOPMENT BLOCK GRANT SINGLE-FAMILY AND
MULTIFAMILY INVESTMENT PARTNERSHIP
PROGRAM AND STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM - DISCUSSION
RELATED TO LIBERTY HOUSING ASSOCIATES &
NORTHWESTERN ESTATES DEVELOPMENT PROJECT -
PERSONAL APPEARANCE: OVLIA GROSS, URBAN
LEAGUE DIRECTOR, TO REQUEST 60 DAY EXTENSION
TO COMPLY WITH OFFICE OF AUDIT FINDINGS.
30.
APPROVE REVISED PROGRAM GUIDELINES FOR:
6/9/98
ADMINISTRATION OF COMMUNITY DEVELOPMENT
R 98-581
BLOCK GRANT -FUNDED MULTIFAMILY
96-97
REHABILITATION PROGRAM / HOME INVESTMENT
PARTNERSHIP PROGRAM (HOME) / STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM.
31.
ESTABLISH HOUSING LOAN RECOVERY FUND -- FOR
6/9/98
PROTECTION OF CITY'S HOUSING LOAN PORTFOLIO --
R 98-582
FOR LOANS THROUGH SINGLE-FAMILY AND
97-98
MULTIFAMILY INVESTMENT PARTNERSHIP
PROGRAM / MULTIFAMILY REHABILITATION
PROGRAM / HOME INVESTMENT PARTNERSHIP
PROGRAM (HOME) / STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM.
32.
ESTABLISH MORATORIUM REGARDING
6/9/98
ADMINISTRATION OF CITY'S COMMUNITY
98-583
DEVELOPMENT BLOCK GRANT AND HOME FUNDED
98-99
MULTIFAMILY REHABILITATION LOAN PROGRAMS
IN RESPONSE TO FINDINGS OF AUDIT REPORT DATED
MARCH 26, 1998.
33.
AUTHORIZE / DIRECT CITY MANAGER TO ENGAGE
6/9/98
SERVICES OF INDEPENDENT CONSULTANT -- FOR
R 98-584
ANALYSIS OF NORTHWESTERN ESTATES HOUSING
M 98-584.1
PROJECT.
99-101
34.
AUTHORIZE / DIRECT CITY MANAGER TO NOTIFY
6/9/98
LIBERTY HOUSING ASSOCIATES AS NORTHWESTERN
R 98-585
ESTATES DEVELOPER OF SIXTY DAYS EXTENSION TO
101-102
COMPLY WITH RECOMMENDATION IDENTIFIED IN
MARCH 26, 1998 OFFICE OF INSPECTOR GENERAL
(OIG) HUD AUDIT REPORT.
35.
AUTHORIZE / DIRECT CITY MANAGER TO ENGAGE
6/9/98
SERVICES OF CIVIL ENGINEERING FIRM -- FOR
R 98-586
CONSTRUCTION COST ANALYSIS OF ALL HOUSING
103-104
PROJECTS CONSIDERED FOR FUNDING THROUGH
COMMUNITY DEVELOPMENT BLOCK GRANT, HOME
AND SHIP PROGRAMS -- FURTHER DIRECTING CITY
MANAGER TO ENGAGE SERVICES OF APPRAISAL
FIRMS IN CONNECTION WITH ABOVE.
36.
APPROVE ESTABLISHING POLICY FOR AFFORDABLE
6/9/98
HOUSING PROJECTS RECEIVING FUNDING FROM CITY
R 98-587
THROUGH COMMUNITY DEVELOPMENT BLOCK
104-105
GRANTS, HOME AND SHIP PROGRAMS.
37.
APPROVE CITY'S HOUSING LOAN COLLECTION
6/9/98
PROCEDURES AND POLICIES FOR LOW -INTEREST
R 98-588
LOANS PROVIDED THROUGH COMMUNITY
105-106
DEVELOPMENT FUNDED SINGLE-FAMILY AND
MULTIFAMILY REHABILITATION LOAN PROGRAMS /
RENTAL REHABILITATION GRANT PROGRAM / HOME
INVESTMENT PARTNERSHIP PROGRAM / STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM --
FURTHER INSTRUCT CITY ATTORNEY TO
COORDINATE LOAN COLLECTION PROCEDURE WITH
COMMUNITY DEVELOPMENT.
38. DIRECT CITY MANAGER TO EXECUTE PROFESSIONAL 6/9/98
SERVICES AGREEMENT WITH DAVID M. GRIFFITH & R 98-589
ASSOCIATES, LTD. -- FOR COST ALLOCATION 107-108
SERVICES TO ASSIST CITY IN PREPARING RESPONSE
TO OFFICE OF INSPECTOR GENERAL (HUD) AUDIT
REPORT DATED MARCH 26, 1998 -- ALLOCATE
$35,000.00 MAXIMUM FROM ACCOUNT 921002-270.
39. APPROVE ESTABLISHMENT OF CITIZENS' ADVISORY 6/9/98
COMMITTEE FOR VIRGINIA KEY-- FURTHER DIRECT M 98-590
CITY MANAGER TO ORGANIZE VISIT OF CITY 108-111
COMMISSIONERS TO VIRGINIA KEY PARK AREA.
40. PRESENTATION BY POLICE REGARDING CRIME 6/9/98
FIGHTING STRATEGIES IN AREA LOCATED AT M 98-591
NORTHWEST 61 STREET BETWEEN 12 AVENUE 111-119
NORTHWEST AND 15 AVENUE-- COMMISSIONERS
COMMENT FURTHER ON NEED FOR COMMUNITY
POLICING / NEED TO PROVIDE CRIME STATISTICS
THROUGH NET 9 / NEED TO PROVIDE SIMILAR
REPORTS REFLECTING POLICE WORK IN AREAS
WHERE DRUGS ARE PROBLEMATIC -- FURTHER
REQUESTING REPORT REGARDING POLICE EFFORTS
TO CURTAIL DRUGS IN WEST GROVE FOR
COMMISSION MEETING OF JULY 14, 1998.
41. CONTINUE PERSONAL APPEARANCE OF SAMUEL K. 6/9/98
JOHNSON REGARDING CHARLES HADLEY PARK AND DISCUSSION
ITS YOUTH PROGRAM FOR COMMISSION MEETING OF 119-121
JUNE 23, 1998 - PERSONAL APPEARANCE BY
HERSCHEL 14AYNES REQUESTING ACTION
REGARDING CONSTRUCTION OF SENIOR CITIZENS
CENTER AT HADLEY PARK, APPROVED BY
RESOLUTION 95-549 (JULY 13, 1995) -- SEE LABEL 9.
42. APPROVE DESIGNATING AS HISTORIC OVERTOWN 6/9/98
PRIORITY BUSINESS CORRIDOR FRONTAGE OF R 98-592
NORTHWEST 3 AVENUE FROM NORTHWEST 8 STREET 121-128
TO 14 STREET - DIRECT CITY MANAGER TO
ESTABLISH PILOT PROGRAM TO ENCOURAGE
BUSINESS DEVELOPMENT IN AREA --
COMMISSIONERS FURTHER COMMENT ON HIGH
UNEMPLOYMENT RATE IN THIS AREA -- SEE LABEL
17.
43. RATIFY / APPROVE / CONFIRM CITY MANAGER'S 6/9/98
EMERGENCY FINDING -- WAIVE COMPETITIVE R 98-593
BIDDING -- FOR PURCHASE OF TAYLOR TM-120 128-132
FORKLIFT -- FOR MARINE STADIUM MARINA --
FURTHER DISCUSS COST EFFECTIVENESS OF
PURCHASING VERSUS RENTING EQUIPMENT -- SEE
LABEL 19.
44. DEFER APPOINTMENT TO HEALTH FACILITIES 6/9/98
AUTHORITY BOARD. DISCUSSION
132-133
45. DEFER APPOINTMENTS TO AFFIRMATIVE ACTION 6/9/98
ADVISORY BOARD. DISCUSSION
133
46. DEFER APPOINTMENTS TO BAYFRONT PARK 6/9/98
MANAGEMENT TRUST. M 98-594
133-134
47. APPOINT GUY SANCHEZ AND STEVE KNEAPLER TO 6/9/98
BUDGET AND FINANCES REVIEW COMMITTEE. R 98-595
134-135
48. RE -APPOINT ALBENA SUMNER AND MAUDE 6/9/98
NEWBOLD TO AFFORDABLE HOUSING ADVISORY R 98-596
COMMITTEE. 135-136
49. APPOINT GRADY MUHAMMAD; IRBY MCKNIGHT; 6/9/98
MARIO GUTIERREZ; MARIO PESTONIT TO CITYWIDE R 98-597
COMMUNITY DEVELOPMENT ADVISORY BOARD. 136-137
50. RE -APPOINT SKY SMITH; TED STAHL; DOROTHY LEE 6/9/98
TO COCONUT GROVE STANDING FESTIVAL R 98-598
COMMITTEE. 137-138
51. DEFER APPOINTMENTS TO CODE ENFORCEMENT 6/9/98
BOARD. DISCUSSION
138
52. RE -APPOINT ALBERTO GONGORA; JULIAN LINARES; 6/9/98
JACQUES DESPINOSSE; DWAYNE WYNN TO R 98-599
INTERNATIONAL TRADE BOARD. 139
53. RE -APPOINT MARIA DEL CARMEN CASTELLANOS; 6/9/98
DAVID CABARROCAS; TESSI GARCIA SMITH TO R 98-600
LATIN QUARTER REVIEW BOARD. 140
54. DEFER APPOINTMENTS TO AUDIT ADVISORY 6/9/98
COMMITTEE. DISCUSSION
141
55. RE -APPOINT NAMES PROFERRED TO WATERFRONT 6/9/98
ADVISORY BOARD. R 98-601
141-142
56. RE -APPOINT CAROLYNE COPE AND PLACIDO 6/9/98
DAMESA TO MIAMI STREET CODESIGNATION R 98-602
REVIEW COMMITTEE. 142-143
57. RE -APPOINT CAROLYNE COPE; GUILLERMO 6/9/98
REVUELTA; JAMES MOSS TO NUISANCE ABATEMENT R 98-603
BOARD. 143-144
58. DEFER APPOINTMENTS TO PLANNING ADVISORY 6/9/98
BOARD -- DIRECT CITY CLERK TO RE -ADVERTISE. DISCUSSION
144-145
59. APPOINT MORENO HABIF AND RUBEN OLIVA TO 6/9/98
PROPERTY AND ASSET REVIEW COMMITTEE. R 98-604
145
60. DEFER APPOINTMENTS TO ZONING BOARD -- DIRECT 6/9/98
CITY CLERK TO RE -ADVERTISE. DISCUSSION
146
61. DEFER APPOINTMENTS TO UNITY COUNCIL OF 6/9/98
MIAMI. DISCUSSION
146
62 DEFER APPOINTMENTS TO URBAN DEVELOPMENT 6/9/98
REVIEW BOARD. DISCUSSION
146-147
63. APPROVE EMERGENCY ORDINANCE: AMEND 6/9/98
SECTION IV OF ORDINANCE 11623 -- ESTABLISH NEW ORDINANCE
CAPITAL IMPROVEMENT PROJECT (BAYFRONT PARK 11665
IMPROVEMENTS PROJECT, 331401) -- APPROPRIATE 147-149
FUNDS FOR SAID PROJECT FROM IMPACT FEES.
64. AUTHORIZE CITY MANAGER TO ALLOCATE 6/9/98
$1,000,000.00 ($540,000.00 FROM IMPACT FEES AND R 98-605
$460,000.00 OF INTEREST ON IMPACT FEES ACCOUNT) 150-151
TO BAYFRONT PARK IMPROVEMENTS PROJECT
331401.
65. AMEND RESOLUTION 98-546 -- DELETE SECTION 2 6/9/98
DIRECTING MANAGER TO DISBURSE $700,000.00 TO R 98-606
BAYFRONT PARK MANAGEMENT TRUST -- FOR 151-152
CAPITAL IMPROVEMENTS AT MILDRED AND CLAUDE
PEPPER BAYFRONT PARK.
66. AMEND RESOLUTIONS 98-404 AND 98-465 -- DELETE 6/9/98
SECTION 4 OF EACH RESOLUTION WHICH R 98-607
REALLOCATED FUNDS FROM IMPACT FEES AND 152-153
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTINGENCY FUND TO BAYFRONT PARK
IMPROVEMENT PROJECTS.
67. AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST 6/9/98
TO ISSUE REQUEST FOR PROPOSAL -- FOR R 98-608
CORPORATE SPONSORSHIP AT MILDRED AND 153-154
CLAUDE PEPPER BAYFRONT PARK.
68.
AUTHORIZE BAYFRONT MANAGEMENT TRUST TO
6/9/98
NEGOTIATE SPONSORSHIPS / ISSUE CONCESSION
R 98-609
PERMITS / RECEIVE REVENUES DERIVED REVENUES
154-155
ON BEHALF OF CITY SUBJECT TO CONDITIONS -- FOR
IITH ANNUAL AMERICA'S BIRTHDAY BASH
SCHEDULED FOR JULY 4, 1998, AT MILDRED AND
CLAUDE PEPPER BAYFRONT PARK.
69.
AUTHORIZE CITY MANAGER TO EXECUTE
6/9/98
ADDENDUM TO AGREEMENT BETWEEN CITY AND
R 98-610
BAYFRONT PARK MANAGEMENT TRUST, AND
155-157
BAYFRONT VENTURES -- FOR INSTALLATION OF
ELECTRICAL METER AT DOCKS OF MILDRED AND
CLAUDE PEPPER BAYFRONT PARK.
70.
DISCUSS / DEFER PROPOSED EMERGENCY
6/9/98
ORDINANCE (AMEND CODE SECTION 2-37 TO
DISCUSSION
CLARIFY SECTION 4(G)(6) OF CHARTER RELATING TO
157-170
EFFECTIVE DATE FOR REMOVAL OF CITY MANAGER
BY THE MAYOR) TO COMMISSION MEETING OF JUNE
23, 1998, NO SOONER THAN 5 P.M. -- FURTHER
COMMENTS REGARDING TIME FRAME FOR CITY
COMMISSIONERS TO VOTE ON REMOVAL OF JOSE
GARCIA-PEDROSA.
71.
APPROVE CONVEYING TO SOUTHEAST
6/9/98
OVERTOWN/PARK WEST COMMUNITY
R 98-611
REDEVELOPMENT AGENCY REAL PROPERTY (LOTS 1
171-172
THRU 11; 14 THRU 19; 22 THRU 24; 26 THRU 27; 30
THRU 35; 38 THRU 43; 46 THRU 48) -- FURTHER
DIRECTING CITY MANAGER TO EXECUTE SPECIAL
WARRANTY DEED TO EFFECTUATE CONVEYANCE.
72.
BRIEF DISCUSSION REGARDING SCHEDULING
6/9/98
SPECIAL CITY COMMISSION MEETING TO ADDRESS
DISCUSSION
REMOVAL OF JOSE GARCIA-PEDROSA.
172-173
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of June, 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 10:14 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 Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, Acting City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Mayor Carollo, who then led those present in a pledge of
allegiance to the flag.
Mayor Carollo: If I may, let me begin by reading what we include in every single agenda
package of this Commission, that helps keep the dignity, the decorum of this body: "Any person
making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission, shall be barred from further audience before the Commission by the presiding
officer, unless permission to continue or again address the Commission be granted by the
majority vote of the Commission present. No clapping, applauding, heckling or verbal outbursts
in support or opposition to a speaker or his or her remarks shall be permitted. No signs or
placards shall be allowed in the Commission Chambers. Persons exiting the Commission
Chambers shall do so quietly." And I think this is something that has always been done, and
there are citizens that have always been respectful of this Commission. Thank you.
(NOTE FOR THE RECORD: MINUTES APPROVED BY COMMISSIONER GORT
AND SECONDED BY VICE CHAIRMAN PLUMMER.)
June 9, 1998
Mayor Carollo: If we can go on to Item A of the agenda and this is the approving the minutes of
the following meeting.
Vice Chairman Plummer: Second.
Mayor Carollo: These are the regular planning and zoning meetings of November 25th and 26th,
1997. The special meeting of December 30th, 1997. There's been ... a motion has been made by
Commissioner Gort. It's been seconded by Vice Chairman Plummer. All in favor, signify by
saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
1. DISCUSS ITEMS TO BE WITHDRAWN FROM CONSENT AND REGULAR
AGENDA -- SEE LABEL 3.
Mayor Carollo: We're now in the Consent Agenda, and Consent Agenda is items CA-1 through
CA-13, and I will give the members of the Commission the opportunity to go through it to see if
there is anything that they would like clarification on, or any items that they would like to pull or
defer. The...
Vice Chairman Plummer: Starting at this end, I have an underquote.
Mayor Carollo: And the public will have the opportunity to address this body on any item that's
on the consent agenda in just a few minutes.
Commissioner Gort: Mr. Mayor, do you want to take the consent agenda or other items also?
Mayor Carollo: Well, we can pull any items from the consent agenda that you want to discuss
further. Once we then approve the remaining items, we could deal with any particular item that
you want to.
Commissioner Gort: No. I mean, there's another item out of the consent agenda I would like to
have pulled.
Mayor Carollo: O.K.. Let's ... let's handle those too. I might as well handle them all at one time.
Commissioner Gort: Item 12. The reason I'd like to pull it, if you all recall, you all asked me
to ... to work with Off -Street Parking to try to come up with a plan. That plan is being put
together, but the - [inaudible] in the place of the Mayor --
Vice Chairman Plummer: Second.
Commissioner Gort: ... the Manager and the other people, so for those of you who would like to
pull it.
2 June 9, 1998
2. DEFER CONSIDERATION OF AGENDA ITEM 12 (DISCONTINUE DEPARTMENT
OF OFF-STREET PARKING (DOSP) — CREATED BY ORDINANCE 5461) — INSTRUCT
CITY ATTORNEY TO WORK WITH DEPARTMENT TO DEVELOP AN ALTERNATIVE
ORDINANCE.
Mayor Carollo: O.K.. This is item 12, Commissioner Gort, in the Off -Street Parking?
Commissioner Gort: Yes.
Mayor Carollo: I think this is appropriate. I think that this body needs to go over the financials,
go over the information that has recently been given. I think it's a very appropriate motion to
have.
Commissioner Gort: Mayor, I'd also like to instruct our City Attorney to work with the Off -
Street Parking to ... to name bond attorneys to start working on the ordinance. This way they can
come back with two ordinances, either make it a department or accept the proposition.
Mayor Carollo: Yeah, I ... I think that is wise, Commissioner. What I would also suggest, if you
would find it appropriately, that we also would have the Budget Director go over all the numbers
that we have been given, and then meet with each of us individually so he could advise us on
what his feelings are on it.
Commissioner Gort: That's the motion.
Vice Chairman Plummer: I second it.
Mayor Carollo: There's a motion. There's a second by.
Commission Plummer. Hearing no further discussion, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
3 June 9, 1998
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-549
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 12
(PROPOSED FIRST READING ORDINANCE TO DISCONTINUE
THE DEPARTMENT OF OFF-STREET PARKING) FOR FURTHER
INFORMATION; FURTHER INSTRUCTING THE CITY ATTORNEY
TO WORK WITH THE DEPARTMENT OF OFF-STREET PARKING
AND THE DESIGNATED BOND ATTORNEYS IN ORDER TO
DRAFT ANOTHER ORDINANCE TO BE CONSIDERED BY THE
COMMISSION AS AN ALTERNATIVE PROPOSAL WHICH
WOULD ESTABLISH OFF-STREET PARKING AS A
DEPARTMENT; FURTHER DIRECTING THE MANAGER TO
HAVE THE BUDGET DIRECTOR REVIEW ALL OF THE
NUMBERS PERTAINING TO COSTS ASSOCIATED WITH SAID
PROPOSALS AND MEET WITH THE MAYOR AND MEMBERS OF
THE COMMISSION TO ADVISE AND MAKE A
RECOMMENDATION ON THIS ISSUE.
Upon being seconded by Vice Chairman Plummer, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
3. CONSENT AGENDA.
(A) TABLE CONSIDERATION OF CONSENT AGENDA ITEM 7 (AGREEMENT TO
AMEND DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT AND
INCREMENT 1, DEVELOPMENT ORDERS (DRI) WITHOUT FILING NOTICE) TO LATER
IN SESSION -- SEE LABEL 3.
Vice Chairman Plummer: Mr. Mayor, as a matter of policy, let me ask you if we've changed the
previous policy in a matter that was pulled from consent agenda. It was not discussed at this
day, but turned over automatically to another agenda as a regular advertised item.
Mayor Carollo: That's... that's correct.
Vice Chairman Plummer: Are we changing that or...
4 June 9, 1998
Mayor Carollo: No, we're not, Commissioner.
Vice Chairman Plummer: O.K.. Thank you.
Mayor Carollo: But there have been a few times in the last few months...
Vice Chairman Plummer: It's important.
Mayor Carollo: ... that there had been some items that have been pulled, and the Commissions
have only asked to pull it for a later time in the day.
Vice Chairman Plummer: O.K..
Mayor Carollo: And this is the only reason I gave that option, but you are correct in what you
stated. Now, if I may ask the City Manager if there are any other items the administration would
like to pull out?
Mr. Donald H. Warshaw (Acting City Manager): Yes, Mr. Mayor. Item number CA-7 requires
a word change for language clarification. We'd like to pull it for that clarification.
Mayor Carollo: CA-7 will be pulled.
Commissioner Gort: Excuse me, Mr. Mayor. My understanding is that that can be put in the
record today. It's just a minor change.
Mr. Warshaw: Correct.
Commissioner Gort: So, if we could put on the record that...
Mayor Carollo: Why don't we go ahead and put that on the record.
Vice Chairman Plummer: Just amend it.
Mr. Elbert Waters: Yes, Mr. Mayor. The language...
Vice Chairman Plummer: Amend the terminology.
Mr. Waters: The language should read: "the City of Miami by shifting land use categories in a
downtown master and increment one development ordinance of the City of Miami." And what
this actually does, within the downtown DR area is simultaneously increases and decreases all
the development credits that we would have in certain land use categories. And what this would
do is help streamline the development process within the downtown area. It cuts it about 45
days.
Mayor Carollo: I think this is an important item. That's why I had said that if there was
anything that needed clarification, we could deal with it right after.
5 June 9, 1998
Vice Chairman Plummer: So it's amended.
Mayor Carollo: This, Commissioner Gort, I think the appropriate way of doing it is pulling it out
the minute we...
Commissioner Gort: Moving.
Vice Chairman Plummer: Amended.
Mayor Carollo: ... vote on the consent agenda. We'll bring it back and make an amendment on
the motion. So we're just pulling CA-7 until we finish with the rest of the consent agenda.
Mr. Warshaw: Mr. Mayor, on the regular consent agenda, Item Number 25, we want to pull that
and reschedule it for the next meeting. It requires an additional deed, and that deed will be
worked on and ready for the June 23rd meeting.
Mayor Carollo: I'm sorry, Mr. Manager. What item was that again?
Mr. Warshaw: Item number 25.
Mayor Carollo: Twenty-five of the regular agenda.
Any other items that the administration would like to pull?
Mr. Warshaw: No, sir.
Mayor Carollo: O.K.. How about the rest of the Commission? Any other items? O.K.. All
right. Any statements, questions from the Commission on any of the additional items left in the
consent? Hearing none, at this point and time I will then open it up to the public. We can have
the name and address of each individual speaker and you will each have two minutes to address
the body.
Mr. Manuel Gonzalez-Goenaga: Good morning. My name is Manuel Gonzalez-Goenaga. No
more boom -boom or broom -broom. This is serious business here today. My address is 2469
Southwest 14th Street, Miami, Florida. I am going to speak as a clarification on item CA-13, the
lucky number. Why do we have to spend 200-plus thousand dollars in leadership training? My
concept of public service is that when you come into public service, you have to be prepared.
Without training in leadership, what we need ... we might need here is a training, generally
speaking, because pointing to any particular fellow to the ... to the things we have of honesty,
integrity and accountability. And I did present here a whistle blower act, which, for the ... some
Hispanics is the Chavato act. Where the United States of America, where we live, the whistle
blower act is a necessity. I wish we include preventive and instruct every single employee to put
it on a bulletin board that the whistle blower act is a must, not only in the City of Miami but in
the whole of the country. Thank you very much.
Mayor Carollo: Thank you. Mr. City Attorney isn't there a state statute to that effect already?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
6 June 9, 1998
Mayor Carollo: So that state statute supersedes anything that this body could implement,
basically?
Mr. Vilarello: It is governed by state statutes and there is no ordinance necessary for it to be
applicable to the City of Miami.
Mayor Carollo: That's the point that I was trying to make. Thank you. Sam?
Mr. Sam Mason: Honorable Mayor, distinguished Commissioners, our Manager, distinguished
some of the guests, my question is fairness as it relates to the facade program that is being
developed around the City of Miami. I'm speaking in reference to model cities, Liberty City
area. We have the largest, I think, black community in the City of Miami but we have cut out of
the facade program. We have a community -based organization there, who's ... who's eligible and
willing to take advantage of this opportunity and has been deprived of this. We've notified the
Department; we've notified the administrators that we want to participate in this program and we
asking this Commission, the union labor office to rectify this injustice as it relates to the
community ... the liberty City, model City area. Thank you very kindly.
Mayor Carollo: Thank you, Sam. Ma'am, name...
Ms. Miriam Donner: Can I...?
Mayor Carollo: ...and address, please.
Ms. Donner: Can I give just a comment regarding to the Commissioner? They announced on
TV I saw that they looking for the interest of the public and, generally, that is the duty but how
can they look to the interest of the public if they let big salaries like that to the City Manager...
Mayor Carollo: Ma'am, I'm sorry.
Ms. Donner: And...
Mayor Carollo: If I can, ma'am.
Ms. Donner: And the Police Department reduced those salaries in order to help Miami.
Mayor Carollo: If I can, ma'am? And I'm not trying to be impolite to you, but we have to follow
certain procedures and now is not the time to speak on an issue like that. We could only open it
up for the public to address the consent agenda, the items on the consent agenda, which are items
1 through 13, minus item seven, which was pulled out. So I apologize. I respect your opinion
but now is not the time for that.
Ms. Donner: O.K.. Thank you.
Mayor Carollo: Thank you. Anybody else that would like to address...
Vice Chairman Plummer: I move the consent agenda.
7 June 9, 1998
Mayor Carollo: I'm sorry, Patty?
Vice Chairman Plummer: That's seven.
Mayor Carollo: All right. Commissioner Plumber makes the motion to move the consent
agenda.
Commissioner Gort: Second.
Mayor Carollo: Commissioner Gort seconds it. Discussion.
Commissioner Teele: Discussion.
Mayor Carollo: Discussion.
Commissioner Teele: Thank you, Mr. Mayor. Again, Commissioner, I would draw your
attention to the comments of Mr. Mason and, quite frankly, the observations of the people all
over the City. As you know, last year, for whatever reasons, the facade program did not extend
into model cities at all. There was no expenditure of the facade program in model cities. Ali, I
just think it's most unfortunate because, as you know, the eligibility of these programs dollars is
predicated upon poverty and density of poverty. All of us support Commissioner Gort and the
DDA and Vice Chairman Plummer for its efforts in terms of trying to support the downtown but,
again, I just think we need to take note of the fact that we're spending a hundred and fourteen
thousand dollars ($14,000) in the downtown area and zero dollars at this time in the model City
area and I'm hopeful that the management can bring forth a proposal ... I know that today we're
going to be talking about Overtown in some way in the agenda on the same type of facade
program. I certainly will not oppose because this is one Miami, one City, but I think we need to
be very sensitive to the fact that these dollars is generated based upon poverty and density of
poverty and, technically, downtown census tracks generate less than a hundred thousand dollars
or so of CD money and I don't think that's important, except as a footnote, as we move forward
in trying to make downtown a great downtown.
Mayor Carollo: Any further statements from members of the Commission? Hearing none. All
in favor signify by saying "aye."
The Commission(Collectively): Aye.
Mayor Carollo: It passes unanimously.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT 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
8 June 9, 1998
THEREUPON MOTION DULY MADE BY COMMISSION PLUMMER AND SECONDED
BY COMMISSION GORT, THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
3.1 APPROVE CONTRACT FOR CITYWIDE AIR CONDITION SERVICES FROM
AIRSOURCE SERVICE, INC. / CITY AIR, INC / ARTIC BREEZE AIR CONDITIONING,
INC. / TEMPTROL AIR CONDITIONING, INC / C.G.R. CONSTRUCTION CO.. / TRINITY
AIR CONDITIONING COMPANY -- ALLOCATE $10,000.00 FROM ACCOUNT
506000.420119.670.
RESOLUTION NO. 98-550
A RESOLUTION APPROVING THE PROCUREMENT OF AIR
CONDITIONING, HEATING, VENTILATING AND
REFRIGERATION SERVICES CITYWIDE FROM AIRSOURCE
SERVICE, INC., CITY AIR, INC., ARCTIC BREEZE AIR
CONDITIONING, INC., TEMPTROL AIR CONDITIONING, INC.,
C.G.R. CONSTRUCTION CO., AND TRINITY AIR CONDITIONING
COMPANY, UTILIZING EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 1300-0/99, ON AN AS -NEEDED EMERGENCY
BASIS UNTIL APRIL 30, 1999, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, AT A TOTAL
AMOUNT NOT TO EXCEED $10,000.00; ALLOCATING FUNDS
THEREFORE FROM ACCOUNT CODE NO. 506000.420119.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
9 June 9, 1998
3.2 APPROVE PURCHASE OF MICROCOMPUTERS, RELATED PERIPHERALS,
SOFTWARE AND SERVICES -- FOR COMMUNITY DEVELOPMENT -- ALLOCATE
$318,159.00 FROM ACCOUNTS FROM SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM, MIAMI-DADE WAGES COALITION AND 23 YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
RESOLUTION NO. 98-551
A RESOLUTION APPROVING THE PURCHASE OF
MICROCOMPUTERS, RELATED PERIPHERALS, SOFTWARE,
AND SERVICES FROM VARIOUS VENDORS, IN THE PROPOSED
AMOUNT OF $318,159, UTILIZING STATE OF FLORIDA
CONTRACT NOS. 250-040-96-1 AND 252-001-97-1, AND MIAMI-
DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW AND 1941-
3/01-OTR-CW, FOR THE DEPARTMENT OF COMMUNITY
DEVELOPMENT; ALLOCATING FUNDS THEREFOR FROM THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC), MIAMI-DADE WAGES COALITION AND
23RD YEAR CDBG FUNDS, ACCOUNT NOS. 184085-454002
($38,250), 18406-454003 ($15,279), 184087-454004 ($51,130), 184088-
454005 ($42,500), 184089-454006 ($120,000), AND 799302-452323
($I11,000); AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
3.3 AUTHORIZE INDIVIDUAL AGREEMENTS WITH NINE COMMUNITY BASED
ORGANIZATIONS -- FOR IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS --
ALLOCATE $475,000.00 FROM 24 YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT INCENTIVE FUND AND $167,000.00 FROM COMMUNITY DEVELOPMENT
CONTINGENCY FUNDS.
RESOLUTION NO. 98-552
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE INDIVIDUAL AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH NINE (9)
COMMUNITY -BASED ORGANIZATIONS, AS HEREIN SPECIFIED,
FOR THE PURPOSE OF IMPLEMENTING ECONOMIC
DEVELOPMENT PROGRAMS, FOR THE AMOUNTS SPECIFIED
HEREIN; ALLOCATING FUNDS THEREFOR FROM THE
TWENTY-FOURTH (24TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT INCENTIVE FUND IN THE AMOUNT OF
$475,000.00 AND FROM CDBG CONTINGENCY FUNDS IN THE
AMOUNT OF $167,000.00.
10 June 9, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
3.4 AUTHORIZE CAP OF $12, 000.00 ON USER FEES FOR EVANGELISTIC
CRUSADE "DIOS ESTA AQUI" -- FROM JUNE 22 TO JUNE 27, 1998 -- AT ORANGE
BOWL STADIUM.
RESOLUTION NO. 98-553
A RESOLUTION RELATED TO AN EVANGELISTIC CRUSADE,
PRESENTED BY "DIOS ESTA AQUI", TO BE HELD AT THE
ORANGE BOWL STADIUM FROM JUNE 22 TO JUNE 27, 1998;
AUTHORIZING A CAP ON THE USER FEE OF $2,000 PER EVENT
DAY FOR A TOTAL OF $12,000 FOR SAID EVENT; FURTHER
CONDITIONING SAID AUTHORIZATION UPON THE
ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY
COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE
TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING
WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
3.5 AUTHORIZE $148,902.00 ALLOCATION OF FUNDS FROM SPECIAL REVENUE
FUND: MIAMI-DADE COUNTY EMS GRANT AWARD (FY '97-'98) -- FOR PAYMENT OF
ADMINISTRATIVE AND OPERATIONAL COSTS OF MIAMI-DADE COUNTY
EMERGENCY MEDICAL SERVICES EMS GRANTS AWARD PROGRAM.
RESOLUTION NO. 98-554
A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS
IN AN AMOUNT NOT TO EXCEED $148,902.00, FROM THE
SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY
EMS GRANT AWARD (FY `97-'98)", PROJECT NO. 104013, FOR
PAYMENT OF ADMINISTRATIVE AND OPERATIONAL COSTS
OF THE MIAMI-DADE COUNTY EMERGENCY MEDICAL
SERVICES EMS GRANTS AWARD PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
11 June 9, 1998
3.6 AUTHORIZE AGREEMENT WITH VILLAGE OF KEY BISCAYNE -- FOR
PROVISION OF AUTOMATIC AID AND ANCILLARY RESCUE SERVICES TO SAID
VILLAGE.
RESOLUTION NO. 98-555
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE
AUTOMATIC AID AND ANCILLARY RESCUE SERVICES TO
SAID VILLAGE; PROVIDING FOR A FIVE YEAR CONTRACT
WITH A REPEALER AND SEVERABILITY CLAUSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
3.7 RESCIND RESOLUTION 98-126 AWARDING BID OF G. FAMILY ENTERPRISE,
INC. -- FOR EDISON/LITTLE RIVER C.D. SIDEWALK PROJECT, B-4603 -- FURTHER
REJECTING ALL BIDS AND AUTHORIZING MANAGER TO RE -ADVERTISE FOR BIDS
FOR SAID PROJECT.
RESOLUTION NO. 98-556
A RESOLUTION RESCINDING IN ITS ENTIRETY, RESOLUTION
NO. 98-126, ADOPTED FEBRUARY 10, 1998, WHICH
RESOLUTION ACCEPTED THE BID OF G. FAMILY ENTERPRISE,
INC. FOR THE PROJECT ENTITLED "EDISON/LITTLE RIVER C.D.
SIDEWALK PROJECT, B-4603"; REJECTING ALL BIDS IN
CONNECTION WITH SAID PROJECT AND AUTHORIZING THE
CITY MANAGER TO RE -ADVERTISE FOR BIDS FOR SAID
PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
12 June 9, 1998
3.8 APPROVE APPLICATION BY FLORIDA INTERNATIONAL RESTAURANT &
HOTEL EXPOSITION INC. -- TO ALLOW CONSUMPTION OF LIQUOR ON PREMISES
OF COCONUT GROVE CONVENTION CENTER DURING TWO-DAY DISPLAY BY
MANUFACTURERS (JULY 11-12, 1998).
RESOLUTION NO. 98-557
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE APPLICATION BY FLORIDA INTERNATIONAL
RESTAURANT & HOTEL EXPOSITION, INC., FOR A TWO-DAY
STATE LIQUOR PERMIT FOR THE DISPLAY BY
MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS
LICENSED UNDER THE STATE BEVERAGE LAW, AND TO
ALLOW CONSUMPTION OF SUCH BEVERAGES ON THE
PREMISES OF THE COCONUT GROVE CONVENTION CENTER,
MIAMI, FLORIDA, DURING THE PERIOD OF JULY 11-12, 1998,
SUCH APPROVAL BEING A STATUTORY REQUISITE PRIOR TO
THE STATE'S ISSUANCE OF SAID PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
3.9 ALLOCATE $114,800.00 FOR REHABILITATION OF DOWNTOWN BUSINESSES
UNDER COMMERCIAL FACADE PROGRAM -- ALLOCATE FUNDS FROM 24 YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 7999602 -- FURTHER
PROVIDING THAT DOWNTOWN MIAMI PARTNERSHIP, INC. SHALL PROVIDE
CERTAIN SERVICES IN CONNECTION WITH SAID PROGRAM.
RESOLUTION NO. 98-558
A RESOLUTION AUTHORIZING THE ALLOCATION OF ONE
HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED DOLLARS
($114,800.00) FROM THE TWENTY-FOURTH (24TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(PROJECT 799602), FOR THE REHABILITATION OF EIGHTY-
TWO (82) BUSINESSES LOCATED IN THE DOWNTOWN AREA
UNDER THE CITY-WIDE COMMERCIAL FACADE PROGRAM, IN
WHICH SAID ALLOCATION REPRESENTS 70% OF THE TOTAL
REHABILITATION COST, WITH THE PROPERTY OWNER OR
BUSINESS OWNER PROVIDING A 30% MATCH; FURTHER
PROVIDING THAT DOWNTOWN MIAMI PARTNERSHIP, INC.
SHALL PROVIDE CERTAIN SERVICES IN CONNECTION WITH
THE PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
13 June 9, 1998
3.10 ALLOCATE $84,400.00 FOR REHABILITATION OF BUSINESSES IN LITTLE
HAVANA AREA UNDER COMMERCIAL FACADE PROGRAM -- ALLOCATE FUNDS
FROM 24 YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 7999602--
FURTHER PROVIDING THAT LITTLE HAVANA DEVELOPMENT AUTHORITY, INC.
SHALL PROVIDE CERTAIN SERVICES IN CONNECTION WITH SAID PROGRAM.
RESOLUTION NO. 98-559
A RESOLUTION AUTHORIZING THE ALLOCATION OF EIGHT
THOUSAND FOUR HUNDRED DOLLARS ($8,400.00) FROM THE
TWENTY-FOURTH (24TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (PROJECT 799602), FOR THE
REHABILITATION OF SIX (6) BUSINESSES LOCATED IN THE
LITTLE HAVANA AREA UNDER THE CITY-WIDE COMMERCIAL
FACADE PROGRAM, IN WHICH SAID ALLOCATION
REPRESENTS 70% OF THE TOTAL REHABILITATION COST,
WITH THE PROPERTY OWNER OR BUSINESS OWNER
PROVIDING A 30% MATCH; FURTHER PROVIDING THAT
LITTLE HAVANA DEVELOPMENT AUTHORITY, INC. SHALL
PROVIDE CERTAIN SERVICES IN CONNECTION WITH THE
PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
14 June 9, 1998
3.11 AUTHORIZE $7,000.00 FOR REHABILITATION OF ONE BUSINESS LOCATED
AT 2547 NORTHWEST 20 STREET IN ALLAPATAH TARGET AREA UNDER
COMMERCIAL CODE COMPLIANCE PROGRAM -- ALLOCATE FUNDS FROM
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 799613 -- FURTHER
PROVIDING THAT ALLAPATAH BUSINESS DEVELOPMENT AUTHORITY INC. SHALL
PROVIDE CERTAIN SERVICES IN CONNECTION WITH SAID PROGRAM.
RESOLUTION NO. 98-560
A RESOLUTION AUTHORIZING THE ALLOCATION OF SEVEN
THOUSAND DOLLARS ($7,000.00) FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799613,
FOR THE REHABILITATION OF ONE (1) BUSINESS LOCATED
AT 2547 N.W. 20TH STREET, MIAMI, FLORIDA, IN THE
ALLAPATTAH TARGET AREA, IN CONJUNCTION WITH THE
COMMERCIAL CODE COMPLIANCE PROGRAM, IN WHICH
SAID ALLOCATION REPRESENTS 70% OF THE TOTAL
REHABILITATION COST, WITH THE PROPERTY OWNER OR
BUSINESS OWNER PROVIDING A 30% MATCH; FURTHER
PROVIDING THAT ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC. SHALL PROVIDE CERTAIN SERVICES IN
CONNECTION WITH THE PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
15 June 9, 1998
3.12 (A) AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH FLORIDA
INTERNATIONAL INSTITUTE OF GOVERNMENT -- FOR CITYWIDE EMPLOYEE
TRAINING AND LEADERSHIP DEVELOPMENT -- FOR DEPARTMENT OF HUMAN.
RESOURCES -- ALLOCATE $2272,400.00 FROM SPECIAL PROGRAMS AND ACCOUNTS''
ACCOUNT 001000-921202.6.410.
(B) RE -SCHEDULE AGENDA ITEM 25 (CONVEYANCE OF REAL PROPERTY
LOCATED WITHIN TRACT 3 OF RIVERSIDE PLAZA BY DEPARTMENT OF
OFF-STREET PARKING TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR USE
AS RIGHT-OF-WAY) TO PLANNING AND ZONING MEETING OF JUKE 23, 1998.
(C) DISCUSSION REGARDING NON -EXTENSION OF COMMERCIAL
FACADE FUNDS TO MODEL CITY BUSINESSES -- FURTHER REQUESTING PROPOSAL
TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO POORER
AREAS.
RESOLUTION NO. 98-561
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE FLORIDA INSTITUTE OF GOVERNMENT AT
FLORIDA INTERNATIONAL UNIVERSITY, TO PROVIDE
CITYWIDE EMPLOYEE TRAINING AND LEADERSHIP
DEVELOPMENT FOR THE DEPARTMENT OF HUMAN
RESOURCES, ON A CONTRACTUAL BASIS FOR AN INITIAL
TERM OF FIFTEEN MONTHS WITH THE OPTION TO EXTEND
FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN
ESTIMATED COST NOT TO EXCEED $272,400 FOR THE INITIAL
TERM OF FIFTEEN MONTHS AND $224,000 ANNUALLY
THEREAFTER; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL OPERATING BUDGET OF SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT NO. 001000-921202.6.410; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
16 June 9, 1998
4. AUTHORIZE AGREEMENT BETWEEN DOWNTOWN DEVELOPMENT
AUTHORITY / FLORIDA DEPARTMENT OF TRANSPORTATION / FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS TO AMEND DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT AND INCREMENT 1, DEVELOPMENT
ORDERS (DRI) WITHOUT FILING NOTICE -- SEE LABEL 3.
Mayor Carollo: Now we're...
Vice Chairman Plummer: I move Item 2.
Mr. Waters: Excuse me.
Mayor Carollo: No, we're on Consent Agenda 7 now. If..for the record again, we can make the
amendments with clarifications to this item. Mr. Bert Waters, can you do that again, please, so it
is clarified?
Mr. Waters: Mr. Mayor, members of the Commission, in the body of the resolution, the new
language for clarification should read by shifting the land use categories in the downtown Miami
master and increment one development ordinance. All it does is allows us to ...
Commissioner Gort: What's the word?
Vice Chairman Plummer: We don't... we don't need an editorial. What's the word?
Commissioner Gort: Give the word.
Mr. Waters: Take out...
Vice Chairman Plummer: Take out what?
Mr. Waters: Take out the word amendment.
Vice Chairman Plummer: Take out the word amendment. To amend, is that what you...
Mr. Waters: Yes, take out the word to amend.
Vice Chairman Plummer: O.K..
Mr. Waters: And add by shifting the land use categories in and then it would read the downtown
development ordinance.
Vice Chairman Plummer: O.K.. I move it as amended.
Commissioner Gort: Second.
Mayor Carollo: O.K.. It's moved by Vice Chairman Plummer with the amendments. So stated.
17 June 9, 1998
Commissioner Gort: Second.
Mayor Carollo: Seconded by Commissioner Gort. Is there any further discussions or questions
from the members of the Commission? Does the public wish to address this body on this item?
O.K., if there's no one here from the public, we would like to speak on this item. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-562
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO
SECTION 380.032(3), FLORIDA STATUTES (1997), BETWEEN THE
CITY OF MIAMI, THE MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY, THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, SHIFTING THE SCALE OF PERMITTED
DEVELOPMENT ACTIVITY WITHIN THE AREA WIDE MIAMI
DOWNTOWN DEVELOPMENT AUTHORITY DEVELOPMENT OF
REGIONAL IMPACT AND MASTER AND INCREMENT I
DEVELOPMENT ORDERS, BY SIMULTANEOUSLY INCREASING
AND DECREASING ALLOWABLE DEVELOPMENT CREDITS IN
CERTAIN LAND USE CATEGORIES; PROVIDING FOR
TRANSMITTAL TO APPROPRIATE AGENCIES; AUTHORIZING
THE ADMINISTRATION NEGOTIATE PROPOSED CHANGES, IF
ANY, IN THE AGREEMENT; AND PROVIDING FOR
DEVELOPMENT ACTIVITY CONSISTENT WITH SAID
AGREEMENT WITHOUT THE NECESSITY OF FILING
STATUTORY NOTICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
18 June 9, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
5. AUTHORIZE ENTERING INTO MEMORANDUM OF UNDERSTANDING WITH
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL 1907; THE CITY INDEPENDENT GROUP UNION; THE CITY OF MIAMI
RETIREE ASSOCIATION TO AMEND FINAL ORDER IN LEONARD L. GATES ET. AL. V.
CITY OF MIAMI, CASE 77-9491 CA (04) -- INCREASE RETIREMENT BENEFIT
MULTIPLIER -- DELETE LONGEVITY SUPPLEMENT -- MODIFY COST OF LIVING
ADJUSTMENTS -- MODIFY FUNDING MECHANISMS AND ASSET VALUATION
METHODS.
Vice Chairman Plummer: I move item 2.
Mayor Carollo: Vice Chairman Plummer moves item 2.
Commissioner Gort: Second.
Mayor Carollo: It's a general one.
Vice Chairman Plummer: Well, discuss it.
Mayor Carollo: Would you like, Commissioner, while you're reading that, for Sue Weller to
address this on it or...
Commissioner Gort: Right. The question that I have is, my understanding of the , we're
capping per year four hundred dollars.
Ms. Sue Weller: That's correct, Commissioner.
Commissioner Gort: My understanding, in the past we had a cap on this and when you go to
your presentation, let me know if we had a cap before. My understanding... I think I read
somewhere where we had cap for two hundred dollars ($200)...
Ms. Weller: That's correct.
19 June 9, 1998
Commissioner Gort: And that's gone up to four hundred dollars ($400)?
Ms. Weller: That's correct.
Commissioner Gort: O.K.. Thank you.
Mayor Carollo: O.K.. Any questions of our Labor Relations Director from the Commission?
Vice Chairman Plummer: Call the question.
Mayor Carollo: Before we do it ... I certainly want to give Charlie Cox and his co -president of the
Solid Waste Union the opportunity to address this body. I want to compliment you also for what
you've stepped forward to do for the City again.
But Sue, would you like to make any further statements to the Commission on this item right
now before I get the Budget Director up here to clarify an item?
Ms. Weller: No, sir. The only thing I would say really is that I think this is an excellent
agreement between the City and the parties involved.
Mayor Carollo: It's no question about it that it is. If I could have Dipak character Budget
Director come up. I don't think there's any question that we're all in agreement that this is
something that is very beneficial to the City of Miami and it's the kind of teamwork that we need
to see more of. The type of teamwork that we had not long ago and it's the reason why we were
able to be so successful and do the unexpected. That was to be able to balance our budget on the
first year of crisis.
What I'd like to have on the record, Dipak, is based on the memorandum that you have here
that ... it shows the actual savings that we will have for the 10-year period.
Mr. Parekh Dipak: Yes, sir. Basically, I refer you to my memo to Jose Garcia -Pedrosa with
reference to the Gates case and the new labor contracts. Please note, for the record, that both the
Gates case agreement, as well as the laborer contracts, which are coming up for review today, are
both inter linked and intertwined so, therefore, the cost things, which I have undertaken for this
particular exercise is a combination of both. Basically, for the record, the cost for the Gates for
the next 10 years is a hundred and forty-four point seven million dollars. After excluding the
pension incremental costs, as well as the AF SCME costs (phonetic), as well as a signal costs
(phonetic), the savings is 66.177 million dollars for that 10 years.
Mayor Carollo: Which is still significant.
Mr. Dipak: It is, sir. On the present value basis, one hundred forty-four point seven million
turns into one oh one point three and therefore at the present value, those savings would be forty-
eight point five million dollars ($48,500,000), which is still a major savings to the City of
Miami. These costs, for the record, have been reviewed by the PFM group. This is a group, a
consultant group to the oversight board, as well as Ron Williams.
Vice Chairman Plummer: So what.
Mr. Dipak: And so...
20 June 9, 1998
Vice Chairman Plummer: So what. The oversight board don't listen to him, so why do we worry
about what they say?
Mr. Dipak: Well, I'll tell you. I would add more credence in the sense that there is a...
Vice Chairman Plummer: Yeah.
Mr. Dipak: ... whole group of...
Vice Chairman Plummer: Right.
Mr. Dipak: ... people who have reviewed the costs over here and we have used also the Jack
Chu ... Jesse Arterial assumptions as well in preparing this memorandum.
Vice Chairman Plummer: I have a question, Mr. Mayor.
Mayor Carollo: Yes.
Vice Chairman Plummer: I see Lewis Johnson here representing the retired employees and I did,
in fact, get a letter this morning from them and I think that, for the record, they should have the
opportunity... since they are affected, that they should have the opportunity to speak to the issue,
for or against, but at least on the record.
Mr. Lewis Johnson: Good morning, Mr. Mayor, honorable Commissioners. My name is Lewis
Johnson. I am the president of the City of Miami Retired Employees Association, AF SCME
Retiree, Chapter 11. We have tentatively reached some very good proposals with the bargaining
units and with Sue Weller. I believe that she is going to sit down with us and discuss a couple of
items after the meeting but we're basically in agreement.
Vice Chairman Plummer: Again, I move it, Mr. Mayor.
Ms. Weller: Mr. Mayor?
Mayor Carollo: Yes, ma'am?
Ms. Weller: I would like to add one thing for the record so it is understood...
Mayor Carollo: Sure.
Ms. Weller: ... that the passing of this resolution on the amendment to the gate settlement is also
tied to the approval of the two labor agreements.
Mayor Carollo: Of course, yes. That's what I drew.
Ms. Weller: And that ... which are items two and three and then after this...
Mayor Carollo: Since what Dipak clarified here?
21 June 9, 1998
Ms. Weller: Right. And it must go to the courts after this for approval as well.
Mayor Carollo: Absolutely. And, hopefully, we could move quickly in the courts with this but,
if I may, just to set the record straight, to make sure that no one has any doubts that we have
proceeded with this in a business -like manner. The memorandum that was originally sent to us
by the previous Manager stated that the savings would be a total of 144 million 700 thousand.
What you have stated on the record, Mr. Parekh, as the director for the budget department, that
the actual savings are sixty-six million one hundred and seventy-seven thousand one hundred
and thirty-two dollars ($66,177,132)?
Mr. Dipak: Yes, sir.
Mayor Carollo: Which, as I said, is still a significant amount. And we need to be very grateful
to the union residents. They were the ones that came to the City with this, were the ones that put
it together for us, along with Sue Weller, was the one that worked hard and are the ones that, if
anyone should receive credit for this, is them.
Vice Chairman Plummer: Absolutely.
Mayor Carollo: At the same time, what I have here is that the present day value of these savings
comes to forty-eight million four hundred eighty-three thousand seven hundred fifteen dollars
($48,483,715).
Mr. Dipak: Yes, sir.
Mayor Carollo: That is correct?
Mr. Dipak: That is correct.
Mayor Carollo: Very good. Commissioner?
Commissioner Sanchez: Thank you, Mr. Mayor. I'd like to take this opportunity to thank
Charles Cox and Norman Charles. I believe we met Saturday morning when we reviewed the
contract and I wanted to make sure that you were very satisfied with that contract. So I want to
thank you for giving me the opportunity to meet with you in such a short notice Saturday
morning. Thank you very much.
Mayor Carollo: O.K.. Commissioner Gort?
Commissioner Gort: Let me ask a question. The fire police was settled what year?
Ms. Weller: Nineteen ninety-three.
Commissioner Gort: Nineteen ninety-three. So my understanding, you all have been working on
this since 1993?
Ms. Weller: Approximately.
22 June 9, 1998
Commissioner Gort: (Inaudible) Thank you very much.
Mayor Carollo: Charlie, why don't you clarify that because ... explain why we finally did it now.
Vice Chairman Plummer: Charlie's never made snap decisions.
Mr. Charles Cox: No. I went around lobbying the Commissioners back then but we are ... at the
time we were only a hundred and one percent funded. Then, the following year, we tried to work
on it again and then the City kind of...we were under some different problems at the time and
we're a hundred ... a hundred and nine percent funded then also. But I'd like to make a couple
clarifications, if possible, because I want some more credit for all the general employees right
now. This contract is based on ...based on the Gates. Absolutely. I mean, they're tied together
and everything else. but if you look at your own... your own five-year plan and your five-year
budget, you included in there two percent raises for every general employee and every union
employee, so he's taking that against the savings that you wouldn't see. I think... Norman's and I
only concerns in this contract ... and I think it bears itself ...is job security, which I already had at
no cost to the City. And we protected that and Norman have some job security also now too.
And, hopefully, that will carry on. We are civil servants. We do enjoy our jobs and we want to
be around here for a long time. But to sit there and take the credit ... to deduct that from the actual
savings because I think the savings would be greater and, as far as I know, the only costs in that
contract by the two and two that was already budgeted for, and also the six hundred dollars
($600) for education, which most of you saw that we do need education benefits in this City. So
those are the only actual costs to that contract and I didn't base those costs on the Gates
settlement. And if we want to do some real numbers also, you've got to look at the work force,
how much we have decreased over the years, that that savings is not included ... is not included.
Mayor Carollo: We wouldn't be here today, Charlie, if it weren't for the sacrifice that the work
force has made. Particularly, the last two years even more so than the past. One thing though
that I think we need to clarify...
Mr. Cox: Yes.
Mayor Carollo: ... even more though, Charlie, for the record, is that by finalizing this settlement
now, when we're funded at 138 percent versus 101 or 109, that's part of the reason that the
savings are much greater.
Vice Chairman Plummer: Absolutely.
Mayor Carollo: And that's one...
Vice Chairman Plummer: Absolutely.
Mayor Carollo: ... of the reasons that we also decided back then that we needed to wait a little
more because we knew that the savings were going to be much greater.
23 June 9, 1998
Mr. Cox: And I think even to clarify the retirees issues, the committee that was asked to meet
today is probably the first time we've ever really spoken. We're not on opposite pages. If they
could come up with something at the same cost or whatever, that makes this a better plan...
Mayor Carollo: Sure.
Mr. Cox: ... for all those retirees out there, I'm not opposed to doing that. That's what we're trying
to do, is help the people that are out there with the lower pensions.
Mayor Carollo: Certainly. Thank you, Charlie.
Mr. Cox: You're welcome.
Mayor Carollo: Thank you very much. Norman, do you want to say anything, address the
Commissioners?
Mr. Norman: Mr. Major, Mr. Vice Mayor, honorable members of the City Commission. First of
all, I'd like to say thanks to Sue Weller and give her some credit for the job that she had done.
It's been a tremendous job between herself, me and Charlie over the weekend. The most
important thing to me at this time is my people will have a job security, which is something that
they've been long waiting to have. I want to say thanks again to you for that much. My second
point is, the City have gained a lot by seconding Gates. I want you to realize the situation under
which the sanitation workers work under. We're short of staff and I need that to be looked into
very, very carefully. You cannot get people to get the job done. If somebody's sick or somebody
happens to be on vacation, it becomes a problem. The garbage and the trash is out there in the
street. We don't want this to happen. We're asking you to help us, just like we helped you.
Thank you ladies and gentlemen. Have a nice day.
Mayor Carollo: Thank you very much, Norman. But before you go, the points that you've made
I think are very important. We have to come out with the truth, the whole truth, no matter where
it leads. And the real situations of our City. I think you've been very forthright in explaining the
constraints that you're dealing with in the Solid Waste problems. But, having said that, Norman,
do you think that there was any way that this City could have afforded to have laid off 500
additional employees without it affecting tremendously the services and the protection of life and
property that we provide today?
Mr. Norman: No way at all.
Mayor Carollo: Thank you. That's exactly what I thought when I came back and that's why you
didn't hear no more about it.
Mr. Norman: O.K., thanks.
Mayor Carollo: Thank you. Representative Silver. It's an honor to have you again, sir.
Mr. Ron Silver: Thank you.
Mayor Carollo: But you're still a representative.
24 June 9, 1998
Mr. Silver: I ... a lot of people do that. I don't... probably... first of all, let me state my name. Ron
Silver, the attorney for the board of trustees and pension fund. Jessie Pension Fund. I was going
to say this with regards to Vice Chairman Plummer, who's probably ... he and I have are the ones
that are left overs from the original Gates and, you know, Gates was settled in '85 and started
about seven or eight years before this, so that's how long the Gates matter is on and that's how
old J.L. is.
Vice Chairman Plummer: Just keep it up.
Mr. Silver: This one...
Mayor Carollo: Who came first, Gates or J.L?
Mr. Silver: That's a good question, Mr. Mayor. I don't know. I think J.L's been around forever.
I just want to state to you that the board of trustees consider this matter and we voted
unanimously to adopt the agreement and from the standpoint of the City, the independent
actuary, who's our actuary, looked at this and said that this was an actuarially sound agreement
for the trust fund. And I just wanted to make sure that that was on the record when you reviewed
that.
Mayor Carollo: That's good. Thank you.
Mr. Silver: Thank you.
Mayor Carollo: Does anyone else that has an interest in the Gates settlement that might be here,
who would like to address this Commission? All right. Sue, is there any additional information
that you need to add?
Ms. Weller: No, sir.
Mayor Carollo: O.K.. Commissioners? Anyone else? O.K.. There's a motion.
Commissioner Gort: Second.
Mayor Carollo: By Vice Chairman Plummer. Seconded by.
Commissioner Gort. All in favor, signify by saying "aye".
The Commission (Collectively): Ayes.
Mayor Carollo: Pass unanimously.
25 June 9, 1998
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-563
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI, THE AMERICAN
FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, LOCAL 1907, THE CITY INDEPENDENT GROUP
UNION, AND THE CITY OF MIAMI RETIREES ASSOCIATION, TO
MODIFY THE AMENDED FINAL ORDER IN LEONARD L. GATES,
ET. AL. V. CITY OF MIAMI, CIRCUIT COURT CASE NO: 77-9491
CA (04); TO INCREASE THE RETIREMENT BENEFIT
MULTIPLIER, TO DELETE THE LONGEVITY SUPPLEMENT, TO
MODIFY THE COST -OF -LIVING ADJUSTMENTS; TO REDEFINE
THE FUNDING MECHANISMS AND THE ASSET VALUATION
METHODS; AND TO RESOLVE AMORTIZATION ISSUES BY
ELIMINATING THE GATES SCHEDULE " B" PAYMENTS
EFFECTIVE FROM FISCAL YEAR 1998-99 TO END, UPON THE
TERMS AND CONDITIONS SET FORTH IN THE ATTACHED
MEMORANDUM OF UNDERSTANDING.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
26 June 9, 1998
6. AUTHORIZE ENTERING INTO COLLECTIVE BARGAINING AGREEMENT
BETWEEN CITY AND MIAMI FEDERAL EMPLOYEES AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO -- FOR
PERIOD OF OCTOBER 1997 THROUGH SEPTEMBER 2000.
Vice Chairman Plummer: I move item three.
Mayor Carollo: Item three is moved by Vice Chairman Plummer, second by Commissioner...
Commissioner Gort: Second.
Mayor Carollo: ... Gort. All in favor signify by saying "aye"?
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-564
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOW AS THE MIAMI GENERAL EMPLOYEES
AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO, FOR THE
PERIOD OF OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2000.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
27 June 9, 1998
7. AUTHORIZE ENTERING INTO COLLECTIVE BARGAINING AGREEMENT
BETWEEN CITY AND CITY INDEPENDENT GROUP UNION -- FOR PERIOD OF
OCTOBER 1997 THROUGH SEPTEMBER 2000 -- MODIFY TO INCLUDE 90 DAY NOTICE
FOR PRIVATIZATION OF FUNCTIONS.
Vice Chairman Plummer: I move item four.
Mayor Carollo: Item four is moved by Commission Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor signify by...
Commissioner Teele: Discussion.
Mayor Carollo: ... saying "aye".
Commissioner Teele: Discussion.
Mayor Carollo: Discussion on item four.
Commissioner Teele: I'd like for Sue Weller to comment on the rights of the City after two
thousand because I want to reconcile what Mr. Charles and others have said about job security.
Is there job security after two thousand?
Ms. Weller: In September of two thousand, the City may fully privatize the Solid Waste
Department if it desires to do so.
Vice Chairman Plummer: With 30-day notice?
Ms. Weller: Yes, sir.
Commissioner Teele: So in the year two thousand the City has the right to fully privatize the
Solid Waste Department?
Ms. Weller: Yes, sir.
Commissioner Teele: And the union is in agreement with this.
Ms. Weller: Yes, sir. The ... in the year two thousand, the contract will be up again for
negotiations. The contract ends September 30th of 2000.
Commissioner Teele: What percentage of the employees are City residents in this union?
Ms. Weller: I don't know specifically but I would imagine at least 90 percent of the two hundred
are residents.
28 June 9, 1998
Vice Chairman Plummer: I plan on being here to protect them, Art.
Mayor Carollo: Norman, you might want to come back and address this body on the points that
have been made now. This has to do with privatization done after the date of September 30th,
2000.
Vice Chairman Plummer: No. No, no.
Ms. Weller: The first.
Vice Chairman Plummer: No, no. Excuse me.
Ms. Weller: September lst.
Vice Chairman Plummer: The possibility of privatization.
Mayor Carollo: Exactly.
Vice Chairman Plummer: It doesn't...
Mayor Carollo: Exactly.
Vice Chairman Plummer: Your statement was to the...
Mayor Carollo: To the point...
Vice Chairman Plummer: It is possible that it may. It gives the City the option.
Mayor Carollo: That ... that is correct.
Vice Chairman Plummer: Right.
Mayor Carollo: And I again state that to the point what the contract states, not that it's going to
say that we're going to privatize or not but that certainly is a concern formally (Phonetic),
including this Mayor.
Mr. Cox: Again, Mr. Mayor, other honorable members of the City Commission, I would like to
respectfully say to you at this time that I'm not worried about the year two thousand and the
reason why I'm not worried about the year two thousand, there is nothing saying the City will go
private. That threat has been made when I came to Solid Waste 23 years ago. That any day the
shutters could be pulled out. So we live in expectation. My job and my responsibility is to make
sure that I have five Commissioners and a Mayor that is going to make sure that this City have a
sanitation department and as long as I can do that, I don't have a problem with the year two
thousand. Thank you.
Mayor Carollo: Thank you, Mr. Charles.
29 June 9, 1998
Vice Chairman Plummer: I think more importantly, for the record, if they do a good job for the
next three years, the City and the people of this City are completely happy with it, they won't
have a problem.
Mr. Cox: Thanks, Commission Plummer. We know you're always in our corner.
Commissioner Teele: If I may, Mr. Mayor
Vice Chairman Plummer: Corner of the truck.
Commissioner Teele: ... let me inquire. Is there ... is there a similar provision in any of the other
three contracts?
Ms. Weller: No, sir.
Commissioner Teele: In other words, this contract, which is unique, it's a contract that is ... the
fire or police nor asking have any similar parallel provisions that provides notice and
privatization clause?
Ms. Weller: The current contracts for police and fire, there are actually ... because of other types
of articles, such as minimum manning, that type of thing, the City would be prevented from
laying off any individuals. The City has the right to privatize but they would have to bargain
over the impact of that and, as I indicated, there are other provisions that would prevent the
layoff of employees, so essentially you ... you really may not privatize based upon the other
provisions in the contracts.
Commissioner Teele: I ... the notice provision is unusually short and I take particular note that
Mr. Charles is doing an outstanding job but he is not affiliated with an international at this time.
Are you?
Mr. Cox: No, sir.
Commissioner Teele: So many of the resources that AF SCME gets when you have all these
high power people flying in here from Washington and Atlanta and all the others ... with all due
respect to AF SCME and the police and the fire ... are not present here now. Thirty -day notice is
just ... that's not realistic in terms of the ability to move forward, in my judgment. I mean ...
Mayor Carollo: Would you like to make an amendment that it be changed to 90 days or another
amount of days? I think it would be very appropriate.
Ms. Weller: Mr. Mayor, I would just like to point out that although it says we may fully
privatize in September, you would have to issue an UP and that would probably have to be
issued out several months before that.
Mayor Carollo: Of course.
Ms. Weller: So that would really be put on notice.
30 June 9, 1998
Commissioner Teele: I haven't been in Miami that long or with City Hall. I can tell you one
thing that, you know ... you know, there's more emergencies that fly through here than through
Efema headquarters during a storm.
Mayor Carollo: And especially pocket items for agenda.
Commissioner Teele: So that didn't give me any comfort at all. Look, I am not ... my concern,
Mr. Manager and Mr. Mayor, is that you have a union that is, first of all, 95 percent minority.
You have a union that does not have any of the resources that the other three collective
bargaining units have, from an international point of view. And you have a union, quite
candidly, that is probably disproportionately, and I would bet my professional reputation that
there are more City employees per person in a ratio in this union than in any of the other unions
and that's a good thing. Fire police and AF SCME, one of the things that I've had is, we need
incentives to get people to move back to the City of Miami. And so I would hope that, at a
minimum, we could ask that there be a 90-day notification but I am very, very unsettled about
provisions in this agreement that is not in any of the other three union agreements.
Commissioner Sanchez: Commissioner, I don't have a problem with the end of 90 days and the
City Attorney tells me we can do that right now.
Mr. Warshaw: If the union agrees to that amendment
Vice Chairman Plummer: Of course, they are.
Mayor Carollo: Do you agree to the amendment of 90 days that I suggested?
Mr. Cox: Yes, sir.
Mr. Vilarello: Absolutely.
Mayor Carollo: O.K.. Now, let me say this for the record. We've had this settlement contract
for some time now, so there was plenty of opportunity to have sat down with the unions, with the
labor relations officer, with the City Attorney, to have tried to have found a more equitable
solutions, if we needed to, in addition to the 90 days that we've stated here. As far as privatizing
police, privatizing fire, frankly, I don't know of a single police department in any major City that
has private police instead of their own sworn law enforcement departments. I don't think that
would be applicable to an FOP contract. As far as the fire department, again, I don't know any
major City that has private fire department.
Vice Chairman Plummer: A number of them.
Mayor Carollo: So, again, I don't think that would be applicable to the fire department either.
But if the 90 days amendment is susceptible to the unions, which Mr. Charles I think has stated it
on the record that it is ...
Mr. Charles: Yes, it is, sir.
31 June 9, 1998
Mayor Carollo: The City Manager has stated that it is, so, on the City's behalf and along with the
labor relations director and the City Attorney has stated on the record. You know, if this
Commission would like to amend it, if the maker of the motion and the seconder of the motion
would go along with the ...
Vice Chairman Plummer: No problem.
Commissioner Gort: I second the motion.
Mayor Carollo: O.K..
Commissioner Gort: Second the motion.
Commissioner Sanchez: I would say
Commissioner Regalado: Mr. Mayor, if I may?
Mayor Carollo: Absolutely.
Commissioner Regalado: In this contract, Norman, had the working conditions of the workers
have been addressed in details because I keep hearing complaints from people in the Solid Waste
Department in terms of the disparity of the routes, the way that they have to work, different
hours, the crane operators, then the trucks. What ... what kind of discussions...
Mr. Cox: Mr. Commissioner, I'll be more than happy to respond to your question. That the
working condition is bad. It's undeplorable because we do not have enough people to get the job
done. And ever since I became the president of the union, my main concern has always been the
equipment and the people to get the job done. There are times when they provide the equipment
but you have nobody to do the job. There are times when you have people to do the job and you
don't have the equipment. So I'm trying to see if we can ever get a steady balance from this
Commission so we can do something about it. And I want to raise a special thanks to
Commissioner Teele a while ago for the lending on of support that he just gave us and that
extension of the 90 days, I'm more than grateful to him for it. And thank you Commissioner for
your concern as to how the department is running but just like I say, we're under staff. I have
tried to spoke to Sue about 36 people before, along with the Manager. I have not gotten a
response yet. I'm waiting on somebody to tell me when am I going to get 36 people to help us so
we can get the trash off the streets.
Commissioner Regalado: I've seen new crane operators.
Mr. Cox: Right.
Commissioner Regalado: I have seen how many?
Mr. Cox: About five, sir.
Commissioner Regalado: Five.
32 June 9, 1998
Mayor Carollo: Commissioner Sanchez.
Commissioner Sanchez: Norman, coming from a strong background in union, I assure you that
the word privatization is not a very good word for unions. If...and I believe ... I don't know if
Teele made the motion or not but I would second that motion on your behalf on the 90 days.
Mayor Carollo: Well, the motion's been made and seconded already.
Commissioner Sanchez: O.K..
Mayor Carollo: And we'll...
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Go ahead.
Commissioner Teele: Let me ... let me respond to your comments, specifically relating to the time
that has been allowed. I have been advised, Mr. Attorney ... and since I have been in public
office, I have always tried to heed that advice. I have never had any discussions with any labor
union leaders about collective bargaining issues. I have been advised repeatedly that all of those
discussions should be in the sunshine, should be from this dais or from the appropriate dais and
should not be ex parte or done one on one. I understand that every lawyer has its own views on
this matter but I would like to know what are your views because I will tell ... you know, I will
respond directly to the comment that was made, there was time, but I will not discuss this matter
with Mr. Charles directly or with any of the unions directly because I have been advised
repeatedly that that is a gray area that you should avoid, if possible. Now, would you give me
the benefit of your advice because I don't want to be reprimanded for not doing something that I
didn't do.
Mayor Carollo: You haven't been reprimanded.
Mr. Vilarello: Commissioner.
Commissioner Teele: Well, I'm speaking now to the attorney.
Mayor Carollo: Go ahead, Mr. Attorney. Answer him.
Mr. Vilarello: Commissioner, you're correct. The negotiations need to be between the
recognized bargaining unit and the negotiating team for the City. Whatever they put together
come to you as a body, a collegial body of Commissioners. Now, the City can present to you an
executive session quote, "shave meeting" its positions with regard to any particular matter but,
generally speaking, the negotiations have to be between the City and the bargaining unit and
ultimately you're the final arbitrator in the contract.
Mayor Carollo: If I may ask you this, Mr. City Attorney. Is there anything that prevents a
member of this Commission, once the contracts have been given to the body to look at it, go over
and for approval or disproval in making any inquiries of you on the contract or making any
inquiries of the administration or of the labor relations officer on the contract?
33 June 9, 1998
Mr. Vilarello: To staff, no. The only ... the only ... there are prohibited times for discussions and
that's during an impasse procedure, which, of course, is not applicable at this point.
Mayor Carollo: O.K..
Mr. Vilarello: But there are prohibited communications.
Mayor Carollo: All right. So there is and was full freedom for a Commissioner to be able to
address any issues here to the negotiating team, that this City had, which is Sue Weller, or to go
and require or request of the City Attorney, of the City Manager or members of the
administration, answers to any questions that they might have had after this contract was given to
us, besides having to bring it up during this body per se.
Mr. Vilarello: I'm not aware of any prohibitions from a Commissioner speaking with the City
Manager.
Mayor Carollo: Now, furthermore, was there any ... was there any prohibition to whatsoever... like
to get this cleared up once and for all so we can move on and hopefully approve this now. Is
there any specific prohibition that would have prevented any member of the Commission to have
inquired of the president in this union or made any questions on the timing of whether this City
should get notification or not within a certain period of time?
Mr. Vilarello: Normally speaking, in the collective bargaining process is...
Mayor Carollo: I'm not saying normally speaking. I'm saying, is there any law that would have
prevented them, once it was given to us ... in other words, once the unions had approved it like
they have, once the administration had (inaudible), is there any law that would have prevented
any member of this Commission to have just inquired of the union president if this amount of
time was truly sufficient or not?
Mr. Vilarello: I'd have to address that by review of 447 and make sure that that provision is
addressed and I'll be happy to do that for you.
Mayor Carollo: O.K.. If you could do that, and then let the members of this Commission know
so that we can all have the clarification for the future. And if there is no legal mandate of
prohibition so the members of this Commission can know for the future contracts that they can
address such questions. O.K.. Now,...
Commissioner Teele: If I may, Mr. Mayor?
Mayor Carollo: Certainly.
Commissioner Teele: Again, Mr. Attorney, would you advise this Commission and the Mayor
what the normal procedure would be and it has been my ... the advice rendered to me by at least
three different lawyers... and again, I recognize that you are the City Attorney for the City of
Miami. This is the first time the matter has come before me. But I think, particularly with a
Commissioner that has a strong background in union matter ... and I'm not at all singling you out
34 June 9, 1998
my friend ... but I think it really is important that we understand, in this context, the shoe is sort of
on the other foot. And normally it has been what advice as it relates to a union matter for a vote
by a Commissioner. Is it normal that the Commissioner or individual Commissioners would
meet with the unions on these matters?
Mr. Warshaw: Normally not.
Commissioner Teele: And that ... I'm only responding to the two or three points Commissioner
Sanchez that you made in terms of the meeting and I commend you forgetting the information.
But I also want to, you know, deal with the issue that ... that there appears to be some confusion
regarding the role of the Commissioner in terms of when you make your inquiries and when you
do this, because this is a very formalize process that, again, it's not subject so much as to County
code, City law or County or state law, but really it's more subject to federal law and it happens in
all the cities across the nation.
Mr. Vilarello: Commissioner, that is different from the question the Mayor is asking, which is,
was there any prohibition after the conclusion of collective bargaining, which I will review and
provide you of IC guidelines.
Mayor Carollo: Anyway, Commissioner Sanchez, I'm sure that you were in firm standing when
you spoke to Mr. Charles, so don't worry about that. Anyway, I call the question. All in favor
with the amendment attached, signify by saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-565
A RESOLUTION, WITH ATTACHMENTS(S), AUTHORIZING THE
CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOW AS THE CITY INDEPENDENT GROUP
UNION, FOR THE PERIOD OF OCTOBER 1, 1997 THROUGH
SEPTEMBER 30, 2000.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
35 June 9, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
S. APPROVE SOLE SOURCE FINDING FOR PHYSIO CONTROL CARDIAC LIFE
SUPPORT EQUIPMENT MAINTENANCE SERVICE -- FROM PHYSIO CONTROL
CORPORATION -- FOR FIRE -RESCUE -- ALLOCATE $66,012.00 FROM ACCOUNT
280601.270.
Vice Chairman Plummer: I move item five.
Commissioner Teele: Mr. Clerk, the Mayor didn't give me the opportunity to vote no.
Mayor Carollo: O.K..
Vice Chairman Plummer: I move item five.
Mayor Carollo: O.K.. I correct the vote. It passed four to one.
Vice Chairman Plummer: I move item five.
Mayor Carollo: Item five has been moved by Vice Chairman Plummer. Is it second?
Commissioner Gort: Second.
Commissioner Sanchez: Second.
Mayor Carollo: Seconded by Commissioner Gort. Is there any discussion on item five from the
Commission? Hearing none. Mr. Goenaga, you would like to address the body on item five?
Vice Chairman Plummer: Item five?
Mayor Carollo: You have two minutes.
Mr. Goenaga: Yes. My name is again Manuel Gonzalez-Goenaga, 2469 Southwest 14th Street.
Since this is a problem here and requires a four -fifth vote resolution, I just want to clarify that I
come here today on the advice of Duarte Mercado (Phonetic) for peace and love. Unless we
36 June 9, 1998
have piece and love here today, we might need the cycle control cardiac life support immediately
for me. Thank you very much.
Vice Chairman Plummer: Well, that's why it was moved by an undertaker.
Mayor Carollo: Can you repeat that again, Mr. Goenaga?
Vice Chairman Plummer: No, no, no.
Mayor Carollo: I didn't quite understand that.
Vice Chairman Plummer: No, no.
Mayor Carollo: No, please. Thank you. O.K.. There's a motion. There's a second on item
number five. All in favor, signify by saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-566
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A
DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
APPROVING THE PROCUREMENT OF PHYSIO CONTROL
CARDIAC LIFE SUPPORT EQUIPMENT MAINTENANCE
SERVICE FROM PHYSIO CONTROL CORPORATION, THE SOLE
SOURCE PROVIDER FOR SAID SERVICE, FOR THE
DEPARTMENT OF FIRE -RESCUE, FOR AN INITIAL TERM OF
THREE YEARS, AT A TOTAL ANNUAL AMOUNT NOT TO
EXCEED $66,012.00, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS AT A RE -NEGOTIATED
PRICE, PROVIDING FOR REPEALER AND SEVERABILITY
CLAUSES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 280601-270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
37 June 9, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
9. CONTINUE TO LATER IN SESSION CONSIDERATION OF AGENDA ITEM 6
(PERSONAL APPEARANCE: SAMUEL D. JOHNSON REGARDING CHARLES HADLEY
PARK AND CORRESPONDING YOUTH PROGRAM) -- SEE LABEL 41.
Mayor Carollo: We're now on ... well, let's see. I think ... in item six I had a note here that Mr.
Johnson would like to be heard on this item after five p.m., so we have ... we'll leave this for later
on in the meeting.
Vice Chairman Plummer: Mr. Mayor, excuse me. I don't think we're going to be here. At least I
don't anticipate being here at five o'clock. I think we should be long finished with this agenda
prior to five, so...
Mayor Carollo: Is Mr. Johnson here? Did he call?
Vice Chairman Plummer: And I think he ought to be put over to the next agenda.
Mayor Carollo: Well, then, if staff could contact him and let him know.
Mr. Warshaw: O.K.. Let me have an attorney to contact him and let him know that...
Mayor Carollo: It'll be placed on there for the next agenda.
Vice Chairman Plummer: Yeah.
Mr. Warshaw: O.K..
Vice Chairman Plummer: I move item seven.
Commissioner Teele: Before you do, Vice Chairman Plummer...
Vice Chairman Plummer: Yes, sir.
Mayor Carollo: Go ahead on item six.
38 June 9, 1998
Commissioner Teele: Mr. Manager, would you ensure that the staff gets copies of
the... Commissioner Regalado's resolution and the staff responses to that and if they're made
available to the Commission.
Vice Chairman Plummer: Which motion? Which one?
Commissioner Teele: There's a resolution that is in effect relating to parks and certain activities
and all of the administrative correspondence because before an action was taken on this matter, I
already reviewed that correspondence in detail and I think the Commission needs to have the
same level of information that Commissioner Regalado and myself may have regarding the site.
Mayor Carollo: Thank you, Commissioner Teele. If Staff would do that, I'd appreciate it.
10. APPROVE SECOND READING ORDINANCE: AMEND ORDINANCE 11506: CALI
CARTEL ENFORCEMENT -- APPROVE ADDITIONAL FUNDS FOR OPERATION OF
PROGRAM FROM MONROE COUNTY SHERIFF'S OFFICE -- FURTHER AUTHORIZING
CITY MANAGER TO ACCEPT SAID GRANT.
Vice Chairman Plummer: I move item seven.
Mayor Carollo: Vice Chairman Plummer moves item seven. It's been seconded...
Commissioner Sanchez: I'll second it.
Mayor Carollo: ... by Commissioner Sanchez.
Vice Chairman Plummer: Read the ordinance.
Mayor Carollo: Will you read the ordinance?
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO
THE PUBLIC RECORD.)
Mayor Carollo: Call the roll, please.
Mayor Carollo: It passes unanimously.
39 June 9, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11506, ADOPTED
JUNE 9TH, 1997, WHICH ESTABLISHED A SPECIAL REVENUE
FUND ENTITLED: "CALI CARTEL ENFORCEMENT," THEREBY
APPROPRIATING ADDITIONAL FUNDS FOR THE OPERATION
OF THE PROGRAM IN A TOTAL AMOUNT OF $115,555,
CONSISTING OF A GRANT FROM THE MONROE COUNTY
SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
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 Vice Chairman Plummer, seconded by
Commissioner Sanchez, 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 Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11664
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.
11. APPROVE FIRST READING ORDINANCE: AMEND SECTION 53-83(B)(1)B AND
C OF CODE: ADMISSION TAX AND MINIMUM CHARGES -- FOR RENTAL FEES FOR
USE OF ORANGE BOWL STADIUM -- FOR HIGH SCHOOL FOOTBALL GAMES.
Vice Chairman Plummer: I move item eight.
Mayor Carollo: Item eight has been moved by Vice Chairman Plummer.
Vice Chairman Plummer: I have discussion.
Commissioner Gort: I'll second it.
40 June 9, 1998
Mayor Carollo: Seconded by Commissioner Gort.
Vice Chairman Plummer: Under discussion.
Commissioner Gort: Move back by the time we get that high school back into the ordinance
Vice Chairman Plummer: I don't have a problem with that but 1 got a problem maybe with the
fee. Does two thousand dollars($2,000.00) cover our expenses?
Ms. Weller: They have to pay all the expenses; they have to pay all fees; they have to pay all
costs...
Vice Chairman Plummer: Do they pay for the lighting?
Ms. Weller: Yes, they pay for the...
Vice Chairman Plummer: And is that out of the two thousand?
Ms. Weller: They pay for the lighting in addition to the two thousand.
Vice Chairman Plummer: In other words, the two thousand is free and clear? Everything else is
paid for?
Ms. Weller: Correct.
Vice Chairman Plummer: What about the surcharge?
Ms. Weller: They pay the ticket surcharge. We keep all revenue for food and beverage and
parking. The only thing they're paying is the rent.
Commissioner Sanchez: How about security?
Ms. Weller: They have to provide their own security.
Vice Chairman Plummer: O.K.. Thank you.
Ms. Weller: You're welcome.
Mayor Carollo: O.K.. Any further questions? O.K.. Hearing none.
Vice Chairman Plummer: Read the ordinance.
Mayor Carollo: Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.)
Mayor Carollo: Call the roll, please.
41 June 9, 1998
An Ordinance entitle -
AN ORDINANCE AMENDING SECTION 53-83(b) (1) b AND c OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: "ADMISSION TAX AND MINIMUM CHARGES," TO
SET FORTH CERTAIN RENTAL FEES TO BE CHARGED FOR THE
USE OF THE ORANGE BOWL STADIUM FOR HIGH SCHOOL
FOOTBALL GAMES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was introduced by Vice Chairman Plummer, seconded by Commissioner Gort, and was passed
on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
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.
12. APPROVE FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL
REVENUE FUND: COMMUNITY POLICING DEMONSTRATION CENTER --
APPROPRIATE FUNDS FOR SAME FROM U.S. DEPARTMENT OF JUSTICE GRANT.
Vice Chairman Plummer: Move item nine.
Commissioner Sanchez: Second.
Mayor Carollo: Passes unanimously. Now, Vice Chairman Plummer moved item nine.
Commissioner Sanchez: I second it.
Mayor Carollo: It's been seconded by Commissioner Sanchez. Can you read the ordinance and
first reading.
Mr. Vilarello: Reading the ordinance.
(AT THIS TIME, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.)
42 June 9, 1998
Vice Chairman Plummer: Call the roll.
Mayor Carollo: Call the roll.
And Ordinance entitle -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "COMMUNITY POLICING DEMONSTRATION CENTER"
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $1,000,000.00, CONSISTING OF A GRANT FROM U.S.
DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT FROM THE U.S. DEPARTMENT OF JUSTICE AND
TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Chairman Plummer, seconded by Commissioner Sanchez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
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.
13. APPROVE FIRST READING ORDINANCE: AMEND ORDINANCE 10021 --
INCREASE LAW ENFORCEMENT TRUST FUND MONIES DUE TO FORFEITURE
ACTIONS ($1,080,000.00).
Vice Chairman Plummer: Move item 10.
Mayor Carollo: Passes unanimously. Item 10 has been moved by Vice Chairman Plummer.
Commissioner Gort: Second.
Mayor Carollo: Seconded by Commissioner Gort. Can you read the ordinance and first reading.
(AT THIS TIME, THE CITY ATTORNEY READ THE ORDINANCE INTO THEPUBLIC
RECORD.)
43 June 9, 1998
Mayor Carollo: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED JULY
18, 1995, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT
TRUST FUND, RECEIVED AND DEPOSITED PURSUANT TO
ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING
FOR AN INCREASE IN THE AMOUNT OF $1,080,000.00, AS A RESULT
OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO
SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
was introduced by Vice Chairman Plummer, seconded by Commissioner Gort, and was passed
on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
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.
14. AUTHORIZE $408,000.00 REIMBURSEMENT OF CITY GENERAL FUND FROM
LAW ENFORCEMENT TRUST FUND, PROJECTS 690002 AND 690003.
Vice Chairman Plummer: Move 11.
Commissioner Sanchez: Second.
Mayor Carollo: Number 11 has been moved by Vice Chairman Plummer and seconded by
Commissioner Sanchez. Ten was passed unanimously. Is there any further discussion on
Resolution 11?
Vice Chairman Plummer: I think it ought to be more money but the police department is cheap.
Mayor Carollo: Well, every hundred thousand dollars (100,000.00) helps and this is four
hundred and eight thousand ($408,000.00).
44 June 9, 1998
Vice Chairman Plummer: Eventually, we'll be talking big money.
Commissioner Gort: Big help.
Mayor Carollo: O.K.. Hearing no further discussion, all in favor signify by saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously. Item number...
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-567
A RESOLUTION AUTHORIZING REIMBURSEMENT OF THE
CITY OF MIAMI GENERAL FUND, IN AN AMOUNT NOT TO
EXCEED $408,000, FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NUMBERS 69002 AND 69003, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING."
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Go ahead, sir.
Commissioner Teele: May I inquire, why is a resolution necessary for this? I just...
Vice Chairman Plummer: Because only the City Commission can do it.
Mr. Warshaw: Commissioner, this is ... this is law enforcement trust fund money that, by law, has
to come before this body to be expended. Basically, this is part of the concession agreement
with the City where law enforcement trust fund dollars are being utilized to fund certain
45 June 9, 1998
operations in the general fund as part of the five-year plan. So, upon recommendation of the
chief of police to this body for approval, that's the only way the money can be spent and, in
effect, this resolution is spending the money by transferring it to the general fund.
Commissioner Teele: So, in other words, the department doesn't have the authority when you
were to use resources that are subject to reimbursement under law enforcement trust fund, to
move those funds to pay ... so, in other words they...
Mr. Warshaw: That's correct.
Commissioner Teele: In other words those officers are paid for out of the general funds?
Mr. Warshaw: Certain expenses for certain officers that qualify under the state law and federal
law, yes.
Commissioner Teele: Thank you. Thank you.
Mayor Carollo: Out of the...
Vice Chairman Plummer: I don't necessarily agree with that.
Mayor Carollo: General ... the general ... the law enforcement trust fund and our newest
Commissioner, Commissioner Sanchez, I think is probably more up-to-date on this more than
most of us here, since he's, I'm sure, went up to Tallahassee on this particular issue a few times.
This has been a very key issue to the heart of all 67 sheriffs in each of the counties in Florida.
And the state legislature has always endorsed them, along with police chiefs of respected cities
across the country, that these kind of funds that are basically confiscated funds from the bad
guys, are funds that can be spent on the discretion only of the sheriff of the County or the
respective police chief, that the elected officials of congress or cities cannot dictate how these
funds are going to be spent. And I might have some other opinions on this and Senator Silver
knows we've had conversations on this because there are sometimes, specially when you have a
financial crisis that you would like to get at least an exception from the legislature to be able to
have more of a leeway, but...
Vice Chairman Plummer: They use these monies for fire trucks?
Mayor Carollo: But this is what the law states and this is why we've done it this way. We're
now on item number 12 is the first reading.
Vice Chairman Plummer: No, we deferred it.
Commissioner Gort: Yeah, we deferred 12. Let's move on.
46 June 9, 1998
15. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY FINDING --
WAIVE COMPETITIVE BIDS -- AWARD ACQUISITION OF TELEPHONE SYSTEMS TO
BELL SOUTH COMMUNICATIONS AND BELL SOUTH TELECOMMUNICATIONS, INC.
-- FOR PROCESSOR, VOICE MAIL, TELEPHONES, PROGRAMMING CONFIGURATION,
INSTALLATION, TRAINING AND DIAL TONE SERVICES -- FOR DEPARTMENT OF
COMMUNITY DEVELOPMENT AT 1313 NORTHWEST 36 STREET -- ALLOCATE
$270,000.00 FROM ACCOUNTS: 184085.454002.6.510; 184086.45003.6.510;
18407.454004.6.510; 184088.454005.6.510; 184089.45006.6.510.
Vice Chairman Plummer: I move 13
Mayor Carollo: We have to vote on the deferment of item 12.
Vice Chairman Plummer: We already did.
Mayor Carollo: Did we vote on that?
Vice Chairman Plummer: Yeah.
Mayor Carollo: Oh, we did? All right
Vice Chairman Plummer: I move 13.
Mayor Carollo: Thirteen. It's moved by Vice Chairman Plummer. It's a resolution.
Commissioner Gort: Second.
Commissioner Regalado: Discussion. I would like to know the four sites that we're installing to
the telephones, the remote locations. The four...
Vice Chairman Plummer: Per wages.
Ms. Warren: East Little Havana, West Coconut Grove, Overtown and Allapattah. And in the
future, Eddison, Little River and model cites.
Vice Chairman Plummer: But this is coming from a grant?
Ms. Warren: Yes, all grants.
Vice Chairman Plummer: This is coming from the grant of wages so that you understand that's
not money that's from the general fund of the City of Miami.
Commissioner Regalado: I'm talking about the sites. Do we have sites in Little Havana?
47 June 9, 1998
Ms. Warren: Yes, we do. You approved it at the ... on the agenda for June 9th and we're going to
be co -locating with the net in East Little Havana.
Commissioner Regalado: O.K..
Mayor Carollo: Call the roll. This is a resolution, so all in favor signify by saying "aye".
Mr. Foeman: It's been moved and seconded.
Mayor Carollo: It was seconded by Commission Gort.
Mr. Foeman: O.K..
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-568
A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT AN EMERGENCY SITUATION
EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE
BIDDING PROCEDURES, AND AWARDING THE ACQUISITION
OF TELEPHONE SYSTEMS TO BELL SOUTH
COMMUNICATIONS SYSTEMS AND BELL SOUTH
TELECOMMUNICATIONS, INC., FOR THE PROVISION OF
PROCESSOR, VOICE MAIL, TELEPHONES, PROGRAMMING,
CONFIGURATION, INSTALLATION, TRAINING, AND DIAL
TONE SERVICES, FOR THE OFFICES OF THE DEPARTMENT OF
COMMUNITY DEVELOPMENT, WORKFORCE DEVELOPMENT
DIVISION, LOCATED AT 1313 NORTHWEST 36TH STREET,
MIAMI, FLORIDA, AND THE DEPARTMENT'S FOUR REMOTE
LOCATIONS, FOR A TOTAL PROPOSED AMOUNT NOT TO
EXCEED $270,000; ALLOCATING FUNDS THEREFOR FOR SAID
SERVICES FROM ACCOUNT CODE NOS.: 184085.454002.6.510,
184086.454003.6.510, 184087.454004.6.510, 184088.454005.6.510,
184089.454006.6.510; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE WITH SAID VENDORS TO OBTAIN THE MOST
FAVORABLE FINANCING, TERMS, AND CONDITIONS IN THE
BEST INTERESTS OF THE CITY AND TO EXECUTE ALL
NECESSARY AGREEMENTS IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO EFFECTUATE SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
48 June 9, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
16. AUTHORIZE AMENDMENT TO AGREEMENT IWTH HAWKINS, DELAFIELD &
WOOD AND HOLZTMAN, KRINZMAN, EQUELS & FURIA, P.A. CO. - BOND COUNSEL
FOR CITY -- INCREASING FEE CAP FROM $89,000.00 TO $138,000.00 -- ALLOCATE
FUNDS FROM 00100.921002.6.270.
Mayor Carollo: We're now on item number 14.
Vice Chairman Plummer: You know, Mr. Mayor, I was going to make a very quick observation.
Fourteen...
Mayor Carollo: Did you want to pull this, Mr. City Attorney?
Mr. Vilarello: No. I'm ... I'm ... I'm satisfied that this item was appropriately moved.
Vice Chairman Plummer: Yeah, but I'm making a statement of 14, 18, 19, 20, 21, 22, 23... Mr.
Mayor, I hope, for the new City Attorney, the expenditures of these funds are going to stop.
Now, you know, we look at the budget of the law department and it's a tremendous budget.
Now, either we have a City Attorney's office that is qualified or we don't. And if we don't, then
let's do like other cities and let's just turn the City Attorney's office over to the private sector.
Many other cities do that. So I'm just saying that when you stop here ... and I didn't even total it
up. I didn't want to. It's too much money. So I'm just saying, in the future, I hope, with our new
City Attorney, that it's going to be a long time before we hear I want outside counseling. Just for
the record, Mr. Mayor.
Mayor Carollo: Your point is well -taken, Vice Chairman Plummer.
Vice Chairman Plummer: Mr. Mayor, it's my understanding that most all of these are things that
have been taken place already and we have really no choice even though I don't like it, I'll move
14.
Mayor Carollo: O.K.. Item number 14 has been moved by Vice Chairman Plummer.
Commissioner Sanchez: Second.
49 June 9, 1998
Mayor Carollo: Seconded by Commissioner Sanchez.
Mr. Vilarello: Mr. Mayor, item 14 and two of the other items that are on the agenda at my
request authorize continued representation. The balance of them are correct as Commissioner
stated ... Vice Chairman Plummer stated. Those are paying for past bills and services rendered
and those representations are over.
Mayor Carollo: Thank you, City Attorney. Mr. Goenaga, you have two minutes.
Mr. Goenaga: Yes. Manuel Gonzalez-Goenaga, 2469 Southwest 14th Street. I praise
Commission Plummer for saying today what he should have said 28 years ago. Congratulations.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: And now I ask a question regarding... this is item 14. It's very material for the
particular fact that deals with the bond issues and continue disclosure under the securities clause.
Question directly, have the securities and exchange Commission questioned the continued
disclosure and past users of the bond issues we have made like when we bought the building and
all of that? Yes or no. Are we under preliminary investigation, subject to ... I know that we're
subject to SEC rules under the bond issue. Could I have a simple, direct answer for that?
Mayor Carollo: But what is the question again?
Mr. Goenaga: The question specifically is, is the securities and exchange Commission
involved ... I'm questioning the previews bond issues of the City of Miami.
Mr. Vilarello: If I may, Mr. Mayor?
Mayor Carollo: Go ahead, Mr. City Attorney.
Mr. Vilarello: The SEC has inquired and we are working with the SEC to provide them all the
requested information. At this point they have not come to a conclusion but we're cooperating
with them in their investigation.
Mr. Goenaga: I see. I want to tell ... let you know that they are slow, but they play hard ball.
Mr. Vilarello: We'll get there.
Mr. Goenaga: For the protection of the investigation. Thank you.
Mayor Carollo: O.K..
Vice Chairman Plummer: The gift certificate at the funeral home is waiting, Boom -boom.
Mayor Carollo: All in favor of...
Vice Chairman Plummer: Aye.
50 June 9, 1998
Mayor Carollo: ... Resolution 14 say aye.
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-569
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY
OF MIAMI AND HAWKINS, DELAFIELD & WOOD AND
HOLTZMAN, KRINZMAN, EQUELS & FURIA, P.A. CO -BOND
COUNSEL FOR THE CITY, AUGMENTING THE SCOPE OF
SERVICES OF SAID CO -COUNSEL AND INCREASING THE FEE
CAP TO SAID FIRMS FROM $89,000 TO $138,000, INCLUSIVE OF
EXPENSES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 00100.921002.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
17. TABLE CONSIDERATION OF AGENDA ITEM 15 (DESIGNATE PRIORITY
BUSINESS CORRIDOR) TO LATER IN SESSION.
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Yes, sir.
Commissioner Teele: There's an amendment on 15. Can we move it until a little bit later today,
please'?
Mayor Carollo: Surely. No problem with that. When would you like to do it, after lunch or...
51 June 9, 1998
Commissioner Teele: Yes, at the end of the agenda.
Mayor Carollo: That will be fine. Fifteen will be taken in the afternoon. Let me mark it down
so I won't forget the ones that were deferred for later.
18. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH DAVID
PLUMMER AND ASSOCIATES -- FOR ENGINEERING SERVICES RELATED TO
IMPROVEMENTS AND REPAIR TO ROAD SERVICE AND TRAFFIC CIRCLE IN
BAYFRONT PARK -- ALLOCATE MAXIMUM OF $10,000.00 FROM BAYFRONT PARK
CAPITAL IMPROVEMENT PROJECT 331401.
Vice Chairman Plummer: Mr. Mayor, I move item 16 and David Plummer is not related to me.
Commissioner Teele: Second the motion.
Commissioner Gort: You sure of that?
Vice Chairman Plummer: I wish.
Mayor Carollo: Item 16 has been moved by Vice Chairman Plummer. Seconded by
Commissioner Teele. Is there any further discussion on this item? Hearing none, all in favor
signify by saying "aye".
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-570
A RESOLUTION, AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DAVID
PLUMMER AND ASSOCIATES TO PERFORM ENGINEERING
SERVICES AS IT RELATES TO THE IMPROVEMENTS AND
REPAIR TO THE SOUTH SERVICE ROAD AND ADJOINING
TRAFFIC CIRCLE IN THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $10,000.00;
ALLOCATING FUNDS THEREFOR FROM BAYFRONT PARK
CAPITAL IMPROVEMENT PROJECT NO. 331401, ENTITLED
"BAYFRONT PARK IMPROVEMENTS."
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
52 June 9, 1998
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
19. TABLE TO LATER IN SESSION CONSIDERATION OF AGENDA ITEM 17
(APPROVE EM(APPROVE EMERGENCY FINDING FOR PROCUREMENT OF FORKLIFT
FROM MARINE STADIUM MARINA) SEE LABEL 43.
Commissioner Gort: I'll move 17.
Mayor Carollo: Seventeen has been moved by Commissioner Gort.
Commissioner Regalado: Mr. Mayor, if I may?
Mayor Carollo: Hold on. Let's see if we get a second.
Commissioner Regalado: Second.
Mayor Carollo: There's a second by Commissioner Regalado.
Vice Chairman Plummer: On 17?
Mayor Carollo: Discussion?
Commissioner Regalado: Yeah. First of all, I'd like to commend Christina of your department,
especially your Marina Manager, because this weekend I think he come up with a new idea that
would make the City several thousands in terms of a new boat ramp there. However, I
specifically went there because.
Vice Chairman Plummer: Where?
Commissioner Regalado: The time for the summer program.
Vice Chairman Plummer: Where?
Commissioner Regalado: Is approaching.
53 June 9, 1998
Vice Chairman Plummer: Downtown or where?
Vice Chairman Plummer: The City Attorney already has arranged for those same boats that
were a problem there to be used by the parks department. And I was wondering when ... first of
all, when are we moving those boats out of the marina stadium parking?
Mr. Vilarello: We're still in the process of trying to negotiate selective... the vessels that we want
for a resolution of that matter. But it is ... it shall be moved in the very near future.
Commissioner Regalado: O.K.. On this forklift that will be used for the marina.
Ms. Christina Abrams: Yeah, this is essential... excuse me ... to the operation of the marina
because it's a dry-dock Marina.
Commissioner Regalado: O.K..
Vice Chairman Plummer: Let me just, for the record, voice my objection to the waiving of
competitive biding. I think it's a bad way to go. I've always said it and I'll continue to say it.
You'll never know that you got the best price without having competitive bidding. Take it from
there, I raise my objection.
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Yes, Commissioner.
Commissioner Gort: Christina, my understanding is ... and I've been there a couple of times ... that
we've had problems with forklifts in the past and we didn't have the funds to go ahead and buy
one. We finally worked out a deal is, which is a lease purchase agreement and we did talk to
several companies and this is the best deal we got.
Ms. Abrams: Correct. It's a hundred dollars ($100.00) more than we're paying for a unit that
was 15 years old and broke down every week.
Mayor Carollo: It's a hundred thousand (100,000) what?
Ms. Abrams: It's a hundred dollars ($100.00) more a month...
Mayor Carollo: Oh.
Ms. Abrams: ... than the unit that we had that was 15 years old and broke down every week and
cost us of a lot maintenance.
Vice Chairman Plummer: And the reason the old one broke down is because they drove it right
into the water.
Ms. Abrams: No.
Vice Chairman Plummer: No, that's true.
54 June 9, 1998
Mayor Carollo: Can ... can...
Vice Chairman Plummer: That's what happened.
Mayor Carollo: Can I ask a question for clarification, so that the Commission can vote on
something that would, having all the information they should have and be able to vote and look
at something in a business -like manner. I'm seeing here this is a lease for 60 months, three
thousand forty dollars ($3,040.00) per month, at the end of a five-year period, sixty months. We
can buy it for seventy-five thousand eight hundred dollars 75,800.00. What would be the cost of
paying it upfront and buying a new one?
Ms. Abrams: It would be a hundred and sixty thousand dollars ($160,000.00)
Mayor Carollo: It would be a hundred and sixty thousand dollars ($160,000.00) for a new one
up front? The total payments and the lease are how much? It's a little over thirty-six thousand...
Vice Chairman Plummer: A hundred and eighty thousand dollars, ($180,000.00), so you'll pay
for it three thousand (3,000).
Mayor Carollo: A hundred and eighty. You got another... well, little over a hundred and eighty
and you got another 76, another eighty thousand...
Vice Chairman Plummer: Quarter of a million dollars ($250,000).
Mayor Carollo: That's two hundred and sixty thousand dollars ($260,000.00) over five years
versus a hundred and sixty now.
Ms. Abrams: Correct. If we could get a hundred sixty thousand allocated for that, we could
purchase it today.
Mayor Carollo: That's ... has the Budget Director analyzed this to see which is the best way for
the City of Miami to go, whether to lease it or to buy it?
Ms. Abrams: This is going by recommendation. It was made by the ... well, several City
Managers back. I have not asked the Budget Director currently if there is this funding just to
purchase it outright.
Mayor Carollo: I'm not saying that it's not the right way of going. I know the constraints we're
working under. I just think that that information is the kind of information that the Commission
should always have, with recommendations, so they can make the best judgment.
Ms. Abrams: True. I'd like to also point out is this marina, the dry-dock marina, produces
revenues in excess 500,000 a year so it would more than pay for the expenses of forklift.
Mayor Carollo: Certainly.
Commissioner Gort: Mr. Mayor, if that's the case, I'll take that motion now.
55 June 9, 1998
Mayor Carollo: Dipak, can you give an opinion of that now or would you prefer to come back
with an opinion?
Mr. Dipak: I would prefer to come back. Let me work on the actual costs.
Mayor Carollo: Very good. Now, it's just a question of whether what is best for the City or what
can the City afford?
Mr. Dipak: O.K..
Mayor Carollo: We can go through a leasing process or just buy it right out.
Mr. Dipak: O.K., sir.
Mayor Carollo: O.K.. We're going to pull that 17 for the afternoon also?
Vice Chairman Plummer: Move it over to the next agenda.
Mayor Carollo: No, no, it shouldn't be for the next agenda. You know, they need this over there
from what I understand.
Vice Chairman Plummer: Mr. Mayor, do you know how long it's been that they haven't? I
mean, you know, these things are not emergencies that came out of a blue sky. Fine, bring it
back this afternoon.
20. AUTHORIZE $15,737.00 PAYMENT OF LEGAL FEES -- FOR SERVICES
PROVIDED -- FOR DAVIS, SCOTT, WEBER & EDWARDS -- FOR RAINBOW LIGHTING,
INC. ET AL VS. LAWTON CHILES, FINANCIAL EMERGENCY OVERSIGHT BOARD
AND CITY OF MIAMI LAWSUIT, CASE 97-13487 -- FURTHER AUTHORIZE SERVICE
PAYMENTS OF $1,065.00 TO MILLEDGE IDEN & HELD -- ALLOCATE $17,802.00
TOTAL FROM ACCOUNT 515001.424401.6.661.
Mayor Carollo: All right. We're now on item 18.
Vice Chairman Plummer: We can finish this agenda in the morning.
Mayor Carollo: City Attorney, if you could go and explain each of these items that he has on the
agenda list.
Mr. Vilarello: Item?
Mayor Carollo: Item 18.
Mr. Vilarello: Item 18 is a resolution to pay for legal services provided by the law firm of Davis,
Scott, Weber --
Vice Chairman Plummer: Move it.
56 June 9, 1998
Mr. Vilarello: And Edwards.
Mayor Carollo: You need clarification, Commissioner Sanchez?
Commissioner Sanchez: Yes, I do.
Mayor Carollo: O.K.. Out of courtesy to our newest Commissioner, if you could go and explain
each of them so he could get a better understanding.
Mr. Vilarello: This first item 18 refers to a lawsuit started by Rainbow Lighting.
Vice Chairman Plummer: Joe, we could finish this morning.
Mr. Vilarello: Which was...
Vice Chairman Plummer: We could finish this morning.
Mr. Vilarello: Which was an initial challenge to our fire rescue assessment. That case was
ultimately dismissed.
Vice Chairman Plummer: O.K..
Mr. Vilarello: There were fees incurred by the Davis, Scott firm of fifteen thousand seven
hundred and thirty-seven dollars ($15,737.00) in representing the City and also of the law ... one
thousand sixty-five dollars ($1,065.00) in the law firm of Milleged, Iden, and Held.
Commissioner Sanchez: Second.
Mayor Carollo: Second by Commissioner Sanchez. The motion was made by Vice Chairman
Plummer. Is there any further questions from the members of the Commission? Hearing none,
all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
57 June 9, 1998
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-571
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR
LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI BY THE
LAW FIRM OF DAVIS, SCOTT, WEBER & EDWARDS ("DAVIS")
IN CONNECTION WITH THE LAWSUIT, RAINBOW LIGHTING,
INC., ET AL VS. LAWTON CHILES, AS GOVERNOR OF THE
STATE OF FLORIDA, THE FINANCIAL EMERGENCY
OVERSIGHT BOARD AND THE CITY OF MIAMI, ELEVENTH
JUDICIAL CIRCUIT COURT, CASE NO. 97-13487, WITH FEES FOR
SAID SERVICES IN AN AMOUNT NOT TO EXCEED $15,737;
FURTHER AUTHORIZING THE PAYMENT OF FEES TO
MILLEDGE IDEN & HELD, IN AN AMOUNT NOT TO EXCEED
$1,065, FOR SERVICES PROVIDED IN THIS CASE PRECEDING
THE ENGAGEMENT OF DAVIS; ALLOCATING FUNDS
THEREFOR, IN A TOTAL AMOUNT NOT TO EXCEED $17,802,
FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.4244401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
21. AUTHORIZE $9,449.19 FEE PAYMENT -- FOR LEGAL SERVICES -- BY WEISS
SEROTA HELFMAN PASTORIZA & GUEDES, P.A. -- FOR PULSE VS. CITY OF MIAMI
LAWSUIT -- ALLOCATE FUNDS FROM ACCOUNT 515001.424401.6.661.
Mayor Carollo: Now we're on 19, another City Attorney item.
Mr. Vilarello: Item 19 is a resolution requesting the payment of legal fees from the law firm of
Weiss, Serota, and Helfman that represented the City in a public records lawsuit between PULSE
and the City of Miami. The firm had provided legal services that equalled approximately twenty
thousand (20,000) to ($30,000.00) and had agreed to reduce their fee to nine thousand four
58 June 9, 1998
hundred and forty-nine dollars and nineteen cents ($9,449.19). That representation is complete
and no further actions are necessary.
Vice Chairman Plummer: Let me ask a question. Was there another lawsuit besides the district
elections?
Mr. Vilarello: Yes, sir. There was a lawsuit regarding requests for public search records, which
was refused, and they went into court under state law and were successful in that lawsuit.
Mayor Carollo: O.K..
Commissioner Gort: Move it.
Vice Chairman Plummer: Second.
Mayor Carollo: Moved by Commissioner Gort. Second by Vice Chairman Plummer. Is there
any further discussions from the members of the Commission? Hearing none, all in favor signify
by saying "aye".
The Commission (Collectively): Aye.
Mayor Carrollo: Nineteen passes unanimously.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-572
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR
LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI BY
WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A.
("WEISS") IN CONNECTION WITH THE LAWSUIT, PULSE VS.
CITY OF MIAMI; ALLOCATING FUNDS THEREFOR, IN AN
AMONT NOT TO EXCEED $9,449.19, FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515 001.424401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
59 June 9, 1998
Upon being seconded by Vice Chairman Plummer, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
22. AUTHORIZE $4,203.83 PAYMENT OF LEGAL FEES -- FOR SERVICES
PROVIDED -- FOR DAVIS, SCOTT, WEBER & EDWARDS -- FOR FLORIDA PANTHERS
HOCKEY CLUB, LTD. ET AL VS. MIAMI SPORTS AND EXHIBITION AUTHORITY AND
CITY OF MIAMI, CASE 96-2168-CIV-FERGUSON -- ALLOCATE FUNDS FROM
ACCOUNT 515001.424401.6.661.
Vice Chairman Plummer: Move 20.
Mayor Carollo: Item 20. Moved by Vice Chairman Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Mr. City Attorney, if you could explain this one
also`?
Mr. Vilarello: Item 20 is a resolution regarding the payment of legal fees from the law firm of
Davis, Scott, Weber and Edwards regarding the matter of Florida Panthers Hockey Club, et. al.
versus Miami Sports and Exhibition and the City of Miami. That litigation is concluded and the
reason it's before you on a matter that's below forty-five hundred dollars ($4500.00) is that there
were other services provided by other firms in that representation and in order to not bring some
-- not stack that on there, I brought it before you per approval. Normally, at forty-two hundred
dollars ($4200.00) I would not bring it before the Commission.
Mayor Carollo: Is there any further discussion on this item? Hearing none, all in favor of
signify by saying "aye".
The Commission (Collectively): Aye.
60 June 9, 1998
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-573
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR
LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI BY THE
LAW FIRM OF DAVIS, SCOTT, WEBER & EDWARDS IN
CONNECTION WITH THE LAWSUIT, FLORIDA PANTHERS
HOCKEY CLUB, LTD., ET AL. VS. MIAMI SPORTS AND
EXHIBITION AUTHORITY AND THE CITY OF MIAMI, UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
MIAMI DIVISION, CASE NO. 96-2168-CIV-FERGUSON;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $4,203.83, FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.4244401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
23. AUTHORIZE $145,031.06 PAYMENT OF LEGAL FEES -- FOR SERVICES
PROVIDED -- FOR DAVIS, SCOTT, WEBER & EDWARDS -- FOR DECOMA MIAMI
ASSOCIATES LTD. VS. CITY OF MIAMI AND MIAMI SPORTS AND EXHIBITION
AUTHORITY, CASE 96-12055 CA-02 -- FURTHER AUTHORIZING $50,000.00 MAXIMUM
FOR CONTINUED ENGAGEMENT OF SAID FIRM -- ALLOCATE FUNDS FROM
ACCOUNT 515001.4244401.6.661.
Mayor Carollo: We're on 21 now.
Vice Chairman Plummer: Move it.
Mayor Carollo: Moved by Commission Plummer. Is there a second on this item for discussion?
Commissioner Regalado: Second.
61 June 9, 1998
Mayor Carollo: Second by Commissioner Regalado. City Attorney, could you explain this one?
Mr. Vilarello: Item 21 is a resolution requesting payment of legal fees from the law firm of
Davis, Scott, Weber, and Edwards with regards to the matter of Decoma Miami Associates,
LTD. versus the Miami Sports and Exhibition Authority and the City of Miami. This matter
involves prior services provided, which totalled at this point a hundred forty-five thousand
thirty-one dollars and six cents ($145,031.06). And request authorization for further
representation. The memorandum and the resolution provided for and additional one hundred
thousand dollars ($100,000.00). That is what we anticipate the litigation costs will be to the
conclusion of this matter. But since we sold the property to the ... to Dade County, Dade County
has agreed to pay half of that cost. So the request for future expenses should not exceed fifty
thousand dollars ($50,000.00) to the City of Miami.
Commissioner Sanchez: So that hundred thousand becomes fifty thousand dollars ($50,000).
Mr. Vilarello: It should ... it should ... the memorandum and the resolution should be amended to
be fifty thousand dollars ($50,000.).
Mayor Carollo: O.K.. There's a motion that had been made by Commission Plummer, second by
Commissioner Regalado. Is there any further discussion on this item? Were there any additional
questions? Hearing none, all in favor signify by saying "aye". There any nays?
The Commission (Collectively): Aye.
Mayor Carollo: Hearing none, it passes unanimously. Item...
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-574
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR
LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI BY
DAVIS, SCOTT, WEBER & EDWARDS ("DAVIS") IN
CONNECTION WITH THE LAWSUIT, DECOMA MIAMI
ASSOCIATES, LTD. VS. CITY OF MIAMI AND MIAMI SPORTS
AND EXHIBITION AUTHORITY, ELEVENTH JUDICIAL CIRCUIT
COURT, CASE NO. 96-12055 CA-02, WITH FEES FOR SAID
SERVICES NOT TO EXCEED $145,031.06; FURTHER
CONTINUING THE ENGAGEMENT OF DAVIS IN AN AMOUNT
NOT TO EXCEED $50,000.00; ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $195,031.06, FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515 001.424401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
62 June 9, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
24. AUTHORIZE $17,779.32 PAYMENT OF LEGAL FEES -- FOR SERVICES
PROVIDED -- FOR ALLEY & ALLEY/FORD & HARRISON AND MILLEDGE IDEN &
HELD -- IN CONNECTION WITH PROPERTY LOCATED AT 3471 MAIN HIGHWAY
(A/K/A COMMODORE BAY) -- ALLOCATE FUNDS FROM 515001.4244401.6.661. --
FURTHER DIRECT CITY ATTORNEY TO PURSUE ATTORNEYS' FEES ON FRIVOLOUS
LAWSUITS.
Vice Chairman Plummer: Twenty-two, I move it.
Mayor Carollo: ... 22?
Vice Chairman Plummer: And then discussion.
Mayor Carollo: Moved by Vice Chairman Plummer.
Commissioner Gort: Discussion purpose, second.
Mayor Carollo: Second by Commissioner Gort.
Vice Chairman Plummer: I don't remember...
Mayor Carollo: Any discussion.
Vice Chairman Plummer: Anybody representing me in reference to Commodore Bay. I don't
even remember being in a deposition on Commodore Bay.
Mr. Vilarello: This is the Trester matter and --
Vice Chairman Plummer: Yeah, yeah, that's Commodore Bay.
Mr. Vilarello: And is been ongoing litigation for quite a long time. At this point the case is
essentially over.
Vice Chairman Plummer: What?
63 June 9, 1998
Mr. Vilarello: For the time being, this is legal services.
Vice Chairman Plummer: I understand.
Mr. Vilarello: -- provided through the conclusion of the case and until the law firm of Alley &
Alley and also Ford, Harrison and Milledge. I'm sorry. Alley, Alley --
Vice Chairman Plummer: Is that over?
Mr. Vilarello: At this point it's over.
Vice Chairman Plummer: For the 5th or 6th or 7th time.
Mr. Vilarello: That's why I say it that way. At this point it's over.
Vice Chairman Plummer: O.K.. My question is ... and, you know, I want to tell you something,
I'm very dead serious ... dead serious. That shouldn't be me. I am very serious that, in fact, are
you going after them now to collect attorney fees?
Mr. Vilarello: At this time my recommendations to the City Commission, based on the advice of
counsel representing the City, is that the matter is over at this time and we would like to keep it
that way and...
Vice Chairman Plummer: Why? Look, let me tell you something. This matter in
particular... and I'm using this as the example, O.K.. This is what either the 5th or 6th time we've
been to the supreme court on this issue, O.K.. And every time we have prevailed. I am not a
lawyer but let me tell you, after the third or fourth time, I've got to consider what is called a
frivolous lawsuit. Now, why are we not going after in frivolous lawsuits to recover our costs?
Mr. Vilarello: Commissioner, if I may, if the Commission authorizes this resolution so I can pay
the outstanding fees, I'll be more than happy to come back with the reports to the Commission
before the next meeting.
Vice Chairman Plummer: Fine. Excuse me, Mr. City Attorney, I'm not talking about just this
lawsuit. I'm talking about all lawsuits. That if we are prevailed and we win, that I would expect
you to go after these people because, let me tell you, a lot of these lawsuits that are un... not even
have any merit, are done just to try to deep six and until we come and say hey, we're not going to
be soft pockets of the world, I think you're going to have some problems.
Mr. Vilarello: Well, Commissioner, clearly, with regard to this matter, is what I'd like to bring
back to you. This office has a policy of going after fees and costs in every case that, one, we are
successful in and/or is a frivolous lawsuit. So, the standing policy ... and I can provide you a
report on what the office has collected in regard in regard to costs and fees.
Vice Chairman Plummer: Fine.
Mayor Carollo: O.K..
64 June 9, 1998
Commissioner Regalado: On item number 22.
Mr. Seth Sklarey: I have a question, is it permissible for City Attorney to represent ... in a
situation like this, where the City of Miami is being sued as well as the individual
Commissioners?
Mayor Carollo: Wait. If I can, if we could have your name and...
Mr. Sklarey: Oh, my name is Seth Sklarey, Box K, Coconut Grove.
In a situation where you have the City being sued and the individual Commissioners, is there a
conflict of interest in the City Attorney representing both interests or do the individual
Commissioners have to retain separate counsel?
Mr. Vilarello: That's a question that's answered on a case by case basis, on particular facts of
that case. I can't...
Mr. Sklarey: And the second question is, are the Commissioners insured for that kind of
representation so that the City would...
Mr. Vilarello: The City ... Mayor, if I could respond?
Mayor Carollo: Yeah, go ahead.
Mr. Vilarello: The City is self -insured with regards to that exposure.
Mr. Sklarey: Thank you.
Mayor Carollo: All right. Is there any further discussion or questions from the members of this
Commission on this item?
Vice Chairman Plummer: Call the roll.
Mayor Carollo: Hearing none, all in favor signify by saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
65 June 9, 1998
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-575
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR
LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI BY THE
LAW FIRMS OF ALLEY & ALLEY/FORD & HARRISON, AND
MILLEDGE IDEN & HELD FOR LEGAL SERVICES RENDERED IN
REPRESENTING AND DEFENDING THE CITY OF MIAMI AND
INDIVIDUAL CITY COMMISSIONERS, AS APPLICABLE,
THROUGH ANTICIPATED OR ACTUAL TRIAL STAGES,
APPELLATE PROCEEDINGS AND ADMINISTRATIVE HEARINGS
IN CONNECTION WITH PROPERTY LOCATED AT 3471 MAIN
HIGHWAY (A/K/A "COMMODORE BAY"), MIAMI, FLORIDA;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $17,779.32, 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 Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
25. AUTHORIZE $17,847.00 FEE PAYMENT -- FOR LEGAL SERVICES --BY WEISS
SEROTA HELFMAN PASTORIZA & GUEDES, P.A. -- FOR TWO LAWSUITS: IVEY
KEARSON, JR. VS. THE CITY OF MIAMI AND CIVIL SERVICE BOARD, CASES 96-238
AP AND 96-242 AP -- FURTHER INSTRUCTING CITY ATTORNEY TO ATTEMPT TO
SETTLE SAID MATTER -- BRIEF COMMENTS REGARDING ATTEMPT TO SETTLE
EDWARD MARQUEZ VS. CITY OF MIAMI LAWSUIT.
Mayor Carollo: We're now on item 23.
Vice Chairman Plummer: Move it.
Mayor Carollo: Moved by Vice Chairman Plummer.
66 June 9, 1998
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Is there a second for discussion?
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Go ahead, Commissioner.
Commissioner Teele: Mr. Mayor, this matter again, along with the one that we mentioned
last ... last Commission meeting relating to the former Manager. These items are just going on.
These are reaching the point now like we have with the ... with the former Police Chief, where
we're out of...what are we up to two hundred thousand, three hundred thousand dollars
($300,000.00)? I would ... I would ask that the Manager and the attorney be instructed to seek the
settlement in this matter. And ... and... and I think this is consistent with what the City Attorney
and the City Manager have said that they would like to do in terms of moving some of these
matters from litigation into settlement and I think we need to start. We moved last week that you
all would work on the previous Manager on a settlement there. I think this one again has the
same basic problem and we should move to settle this matter.
Mr. Vilarello: Commissioner, in response to your request, the last ... the last Commission meeting
I did meet with counsel for Mr. Marquez. We have not reached a conclusion of those
discussions but I hope to at least have some matter before you in the near future on that matter.
And I will certainly take your guidance on this. However, these are some outstanding fees that
have been incurred and until the case is settled, we do have the need for future representation on
this matter.
Mayor Carollo: O.K.. Is there...?
Mr. Goenaga: May I...?
Mayor Carollo: ... any ... not yet, sir. The Commission has to finish first. Are there any further
statements or questions?
Commissioner Gort: Got a question. My understanding in reading this is, you're asking to make
a payment of seventeen thousand dollars ($17,000.00) for work already being performed?
Mr. Vilarello: Correct.
Commissioner Gort: And then you want additional authorization to continue with 75?
Mr. Vilarello: That's correct.
Commissioner Gort: If this needs to continue to go to court?
Mr. Vilarello: That's correct. That is ... that is... Commissioner, that's an estimate of what I...
Commissioner Gort: Right.
67 June 9, 1998
Mr. Vilarello: ... anticipate the full costs of the litigation for (inaudible)
Commissioner Gort: I understand. My question is the ... if you go into negotiation and the sum is
lower than this, do you still need for us to approve the seventy-five thousand dollars ($75,000)
today?
Mr. Vilarello: No. Certainly, you can reduce that amount; however, if the litigation continues,
I'd have to come back before you for additional authorization.
Commissioner Gort: O.K..
Mr. Vilarello: Thank you.
Commissioner Teele: Mr. Mayor, I would ... I would ask that we amend it to approve the
seventeen thousand... eight hundred and forty-seven thousand (847,000) with instruction to move
toward a settlement and come back and determine whether or not we would require the
additional seventy-five thousand dollars ($75,000.00) to go forward with the litigation or
whether or not the settlement would be some lesser amount?
Mr. Vilarello: Commissioner, can I suggest a small amount so that invoices, as they come in,
can be...
Commissioner Teele: Ten thousand.
Mr. Vilarello: That's sufficient.
Mayor Carollo: Would the maker and second of the motion accept the final amendment?
Vice Chairman Plummer: Accepted.
Mayor Carollo: Accepted by the maker of the motion. By the seconder?
Commissioner Gort: Yes.
Mayor Carollo: O.K., it's accepted. The amendments are now in order. Mr. Goenaga?
Mr. Goenaga: Yes. My name is again Manuel Gonzalez-Goenaga. I am in full accord with this
type of lawsuit, especially we're talking about the Ivey Kearson case. When Mr ... Commissioner
Teele referred to the previous City Manager, we have had so many. Let's face it. Let's identify
it. Is Mr. Cesar Odio, City Manager, who doesn't have any credibility whatsoever in court, so we
better settle those lawsuits. And if they don't want to settle, you know, there are many
alternatives. Mediation, compulsory arbitration. It's better than giving these lawyers who never
win. I mean, they always win. The parties involved always lose. No matter who wins the case.
Remember what Shakespeare said about lawyers? You don't remember. Let's start by killing all
of them. Thank you very much.
Vice Chairman Plummer: How the hell do I know what he said?
68 June 9, 1998
Mayor Carollo: Mr. City Attorney, did Shakespeare actually say that?
Mr. Vilarello: It's often quoted out of context and I'll...
Vice Chairman Plummer: Yeah.
Mr. Vilarello: ... bring it before you in full context.
Vice Chairman Plummer: Yeah.
Mayor Carollo: O.K..
Vice Chairman Plummer: And Goenaga...
Mayor Carollo: Thank you.
Vice Chairnan Plummer: Shakespeare said much to do about nothing.
Mayor Carollo: Mr. Goenaga, your time's up.
Mr. Goenaga: No, not yet.
Mayor Carollo: Save Shakespeare for now.
Mr. Goenaga: A comedy of errors.
Vice Chairman Plummer: That's true.
Mayor Carollo: All right.
Commissioner Teele: Mr. Attorney ... Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Teele: And for the benefit of the record, it's my understanding, in recommending
that we look at a settlement, we may or may not be able to do that. There's already one hundred
thousand... that the seventeen thousand dollars ($17,000) is not the amount of money that has
been spent on this case. That's the current amount that you're asking for authority to spend. That
the actual amount is more of one hundred thousand dollars($100,000) already on this case.
Mr. Vilarello: That's correct, Commissioner.
Mayor Carollo: O.K.. All right. All in favor of item 23 signify by saying "aye". There are no
nays.
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
69 June 9, 1998
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-576
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR
LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI BY
WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A.
("WEISS"), IN CONNECTION WITH TWO LAWSUITS, IVEY
KEARSON, JR. VS. THE CITY OF MIAMI AND THE CIVIL
SERVICE BOARD, IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT, CASE NOS. 96-238 AP AND 96-242 AP, WITH
FEES FOR SAID SERVICES IN AN AMOUNT NOT TO EXCEED
$17,847; FURTHER CONTINUING THE ENGAGEMENT OF WEISS
FOR SAID CASES, INAN AMOUNT NOT TO EXCEED $10,000;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $27,847, 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 Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
26. (A) DIRECT CITY MANAGER TO INSTRUCT ADMINISTRATION TO PAVE
PORTION OF PUBLIC ALLEY LOCATED SOUTH OF WEST FLAGLER BETWEEN 52
COURT SOUTHWEST AND 54 AVENUE -- FURTHER INSTRUCTING THE CITY
MANAGER TO EXPEDITE INSTALLING GATE IN SAID ALLEY AND TO CONDUCT
PUBLIC HEARING WHENEVER CLOSING ALLEY WAYS.
(B) BRIEF DISCUSSION CONCERNING CONVEYANCE OF ALLEY ON
MARLA AVENUE TO RESIDENTS.
Commissioner Regalado: Move 24.
Vice Chairman Plummer: I was going to defer 24.
Mayor Carollo: Twenty-four.
70 June 9, 1998
Vice Chairman Plummer: I've got a problem with 24. First of all, I'd like to know why we're
doing the paving on an alley and, second of all, I am totally opposed to administratively giving
property away that we have been collecting a great deal amount of money for in the past.
Mr. Jim Kay (Director of Public Works): Yeah. Commissioner?
Vice Chairman Plummer: Now, I've got a problem with that, Mr. Manager.
Mr. Kay: May I explain? The alley is a public alley and there is a triangular section of this
alley ... if you look at your packet...
Vice Chairman Plummer: Are not most alleys public?
Mr. Kay: Most alleys are public. Open to the public. Some are private.
Commissioner Regalado: Excuse me. Excuse me. Jim, if I may. I've been to that alley with the
police four times.
Vice Chairman Plummer: It's a public alley.
Commissioner Regalado: And we have a problem there.
Vice Chairman Plummer: O.K..
Commissioner Regalado: We have a very difficult problem to deal with in terms of homeless
and in terms of people using drugs and...
Vice Chairman Plummer: O.K.. Mr. Regalado...
Commissioner Regalado: No, no.
Vice Chairman Plummer: For the record, I'm not as much opposed to the paving as I am to
giving public property away administratively when this Commission in the past has been
extremely successful in getting either donations to charitable events or to the general fund.
Mayor Carollo: You're correct, Commissioner.
Vice Chairman Plummer: No, no, no, no. You don't have the clout that this Commission has
when they stand in front of us and we say to them your voluntary contribution is not acceptable,
O.K.. I'm telling you that the City Commission needs to have that authority here as we have
done in the past and I want to tell you something, this Commission has done extremely well in
that area.
Mayor Carollo: How many square feet is at issue here?
Mr. Kay: The triangular section is ... it's about 450, 500 square yards.
71 June 9, 1998
Vice Chairman Plummer: But that's not to be given away.
Commissioner Regalado: No.
Mr. Kay: No.
Commissioner Regalado: Nobody's giving it away.
Vice Chairman Plummer: No, no. No, no. But what it is...
Commissioner Regalado: I don't know...
Mr. Kay: Let me say this.
Commissioner Regalado: ... who said that.
Mr. Kay: The proposal ... the proposal, as far as the alley... having restrictions on the alley was to
place a gate that would be opened at 6 a.m. and closed at 10 p.m. on either side of.... other end of
the alley to prevent any illegal dumping. That was the proposal.
Vice Chairman Plummer: I have no problem with the paving, O.K.. But in no way would I vote
to allow the administration, rather than the Commission, to negotiate any public alley to be given
away, period. So, as far as paving is concerned, Mr. Regalado, I second your motion to pave it
but I would definitely want that understood.
Commissioner Gort: Question, Mr. Mayor?
Mayor Carollo: Yes, go ahead, Commissioner.
Commissioner Gort: My understanding, the main reason for doing this, is this has happened in
major parks throughout the City. It's ... with all the police to solve the crime problem that we
have in that area.
Vice Chairman Plummer: That's a fact.
Commissioner Gort: Now, while approving the paving...
Vice Chairman Plummer: Paving.
Commissioner Gort: ... I'm also approving the right to...
Vice Chairman Plummer: To eliminate crime?
Commissioner Gort: ... put up a gate. Can they put up a gate also?
Mr. Kay: No. The gate is something separate. That is something that we had in the resolution
and hoped to work with the City Attorney's Office on ... to come out with a way to ... from a
72 June 9, 1998
practical standpoint, be able to have a gate up there and open and close it during ... close it during
nighttime hours.
Mr. Warshaw: Commissioner, this...
Mr. Kay: To control illegal dumping.
Commissioner Gort: I would like to see the gate going up because I know the police have been
requesting for that. They want it. They need it.
Mr. Warshaw: And I will...
Commissioner Gort: (Inaudible) This is a different gate. You will not get that much public...
Mr. Kay: Well, we know. We're not on that.
Vice Chairman Plummer: We know where there is one.
Mr. Warshaw: We'll look into the gate but this is really being done to clean it up. It's a favorite
spot...
Commissioner Gort: Yeah.
Mr. Warshaw:... for illegal dumping...
Commissioner Gort: Right.
Mr. Warshaw: And the paving hopefully will clean it up.
Commissioner Gort: I'd like to see the gate expedited.
Commissioner Sanchez: It's possible.
Vice Chairman Plummer: We know where you can get a gate.
Mayor Carollo: O.K..
Mr. Kay: O.K.. Thank you.
Mayor Carollo: Who will be the gate keeper?
Vice Chairman Plummer: Not me.
Mayor Carollo: There's a motion. There's a second.
Commissioner Teele: May I inquire of just two facts?
Mayor Carollo: Additional discussion.
73 June 9, 1998
Commissioner Teele: Who owns the alley now?
Mr. Kay: The City does.
Vice Chairman Plummer: We do.
Commissioner Teele: Who will own the alley if this resolution is passed?
Mr. Kay: The City.
Mr. Warshaw: The City.
Commissioner Teele: O.K.. So ... I'm just trying to understand the comments about giving this
away. So we're not ... this does not transfer property or rights.
Vice Chairman Plummer: No, no.
Commissioner Teele: This does not transfer property or rights, does it?
Mr. Kay: No, sir, it does not.
Mayor Carollo: I think maybe the confusion might have been in the draft agenda. There might
have been some...
Vice Chairman Plummer: Excuse me. Let me go on the record so that we understand. To me
this came in two parts. One was to pave. The second one, if you read down the resolution, says
to establish guidelines requirements to close public alleys administratively. That means not the
City Commission.
Commissioner Teele: And you object to that?
Vice Chairman Plummer: Yes, sir, I sure do.
Commissioner Teele: And I think, Mr ... with all due respect, Commissioner, I think the closing
of alleyway or right-of-way is not only should not be done administratively. It should require a
public hearing.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: In other words, this is the public's right and this is not something that
should be done administratively. That's not at all to say that I would not support this in a public
hearing before the Commission, but I really don't think it's good precedence, with all due respect,
to make this an administrative kind of decision. There should be a public hearing associated
with the closing of any public right-of-way.
Mr. Vilarello: Commissioner, If I may?
74 June 9, 1998
Mayor Carollo: Yes, Mr. City Attorney.
Mr. Vilarello: The first section of the resolution simply says that the City Manager requested to
review the two relevant chapters 54 and 55 to make recommendations for any possible
amendments to the City Code, to establish guidelines and recommendations for closing of public
alleyways. Right now...
Vice Chairman Plummer: Hold it. Read on, read on. You miss the last word. Administratively.
Sir, that's my problem.
Mr. Vilarello: Any amendments to the code would have to come back before the Commission.
It currently requires the public hearing before any street closures and any changes to that would
obviously have to come before the City Commission.
Vice Chairman Plummer: Mr. City Attorney, unless I think my colleagues disagree with me,
we're trying to save you some time. Don't waste your time thinking about it administratively.
Commissioner Gort: Mr. Mayor, I have a question.
Mayor Carollo: Please, go ahead.
Commissioner Gort: My understanding, if we ... we have done this in the past. We find that an
alley is no longer utilized by anyone, we can go to the property owners and if they want to
purchase it, they can purchase it.
Vice Chairman Plummer: Hundred percent each side.
Mr. Kay: No. The only way that they can actually get the simple title to it is by the planning
process and that is the case right now.
Commissioner Gort: Right. But my understanding, by doing this, not only do we incorporate
that in the tax laws but we also can get some revenues, so this is another alternative you might
want to look into.
Mayor Carollo: Commissioner Sanchez.
Commissioner Sanchez: Yes. If we do pave it, who's going to maintain that alleyway? Are we
going to get stuck with trimming the trees and doing all that stuff to it.
Mr. Kay: We are responsible for it now.
Mr. Warshaw: Commissioner, we presently are responsible for it now.
Commissioner Sanchez: Oh, are we?
Mr. Kay: Yes.
Vice Chairman Plummer: Yes.
75 June 9, 1998
Commissioner Regalado: The problem ... the problem is that what we're doing here is exactly
what the police department is recommending. That alley has been a nightmare. About 40 tires
are dropped there...
Vice Chairman Plummer: Nightly.
Commissioner Regalado:... nightly. Yes, that's the way. It's a ... and not only that, there is
a ... there is a group of maybe homeless or drug addicts that use that alley and so I think that we
have the commitment of all the business people there to help us in maintaining that alley, which
we do now, so the City's going to come ahead.
Mayor Carollo: Which are the businesses that are...
Commissioner Regalado: Navarro and Sedano's.
Mayor Carollo: Say it again, sir.
Commissioner Regalado: Navarro and Sedano's
Mayor Carollo: Navarro's and Sedano's.
Mr. Kay: Yeah, there's a bank there also.
Mayor Carollo: Excuse me?
Mr. Kay: There's a bank also in that ... there's a bank also in that shopping center.
Commissioner Regalado: A bank.
Mayor Carollo: O.K..
Vice Chairman Plummer: Used to be a funeral home.
Mayor Carollo: If the alley is gated, will people be able to park in the back? Will the public
have access to park in the back or not?
Mr. Kay: Well, if it is ... if it is gated and it's in the proposal is to gate it only between 10 p.m. and
6 a.m., then it would be closed. No one would be able to ... to enter ... enter the alley.
Mayor Carollo: O.K.. So only the evening hours we're talking about?
Mr. Kay: Yes, sir.
Vice Chairman Plummer: Question. Who's going to be responsible for locking it, unlocking it?
Who's going to be responsible at three o'clock in the morning, a fire breaks out after you gated
and locked it?
76 June 9, 1998
Mr. Kay: We don't have the full answer to that but we...
Vice Chairman Plummer: I think it's very important.
Mr. Kay: We ... we had met with Mr. Navarro. He volunteered to do that himself with his ... with
his own employees. It's ... it's a big store and it would ... it would only be done through separate
agreement. It would have to be a separate agreement. Whoever's going to open and close the
gate between him and the City.
Vice Chairman Plummer: Don't do like Kennedy Park. Because Kennedy Park is supposed to be
opened and closed by the police department but many Sunday mornings they're out having
bagels and the park isn't open.
Commissioner Gort: Give the key to J.L.
Vice Chairman Plummer: No, don't give me a key.
Mayor Carollo: I have not ... I have not seen any officers in the Taurus restaurant on Sunday or
Saturday mornings.
Vice Chairman Plummer: Yeah, but I sure saw a Mayor there. Mr. City Attorney, if I may ... and
this is a slight deviation but to try to address a real major problem. I would ask you, sir, that the
present law states for a alleyway to be given to the appropriate owners one hundred percent of
the owners have to agree. We have a problem on Marler Avenue in Coconut Grove, in which all
of the neighbors there are in concurrence to take and dedicate the alley, which, to us, is a major,
major problem to the City as far as maintenance, as far as upkeep, as far as fist fights that have
broken out. I'm asking you, sir, in the state statutes if it can be less than one property owner can
hold up all of the rest and come back to this Commission and so inform us because right now in
that alley, which I think this City would dearly love to wash its hands of, we can't do it because
one property owner out of about 10 or 12 or 14, is saying no. And because of that we're having
to maintain it. We're having to keep it and every once in a while send the police department
there to stop fist fights. I ask that you would look into that, please.
Mr. Vilarello: Be happy to.
Mayor Carollo: All right. Any additional statements or amendments to this resolution?
Vice Chairman Plummer: What time are we coming back?
Mayor Carollo: What's the will of this Commission coming back?
Vice Chairman Plummer: Two o'clock.
Commissioner Gort: No.
Vice Chairman Plummer: You wanted to get out of here early.
Commissioner Gort: I've got work to do.
77 June 9, 1998
Vice Chairman Plummer: Well then, fine. Four o'clock, five o'clock. I don't care.
Commissioner Gort: Three o'clock.
Vice Chairman Plummer: What time?
Commissioner Gort: Three o'clock.
Mayor Carollo: Three -thirty or three?
Vice Chairman Plummer: Three?
Commissioner Gort: Three -thirty is fine.
Mayor Carollo: Three -thirty or three?
Commissioner Gort: Got to work, guys.
Vice Chairman Plummer: Hey.
Mayor Carollo: Three or three -thirty.
Vice Chairman Plummer: Why am I ... why am I defending you to get out of here early?
Mayor Carollo: Three or three -thirty?
Commissioner Regalado: Three -thirty is fine with me.
Mayor Carollo: Three -thirty. All right. Let's...
Commissioner Regalado: Mr. Mayor, when are we going to be dealing with pocket items?
Mayor Carollo: That's always done at the end of the meeting, Commissioner. Vice Chairman
Plummer, let me see if I understood this item 24.
Commissioner Regalado: We haven't voted on it.
Mayor Carollo: Did you want to vote on it now or defer it?
Vice Chairman Plummer: We passed it.
Mayor Carollo: O.K.. I just want to be sure.
Commissioner Regalado: No, we haven't voted on it.
Mr. Vilarello: No vote, yeah.
78 June 9, 1998
Vice Chairman Plummer: We didn't vote on it?
Commissioner Regalado: No.
Vice Chairman Plummer: Well, call the roll.
Mayor Carollo: O.K.. All in favor signify by saying "aye".
The Commission (Collective): Aye.
Mayor Carollo: Passes unanimously and no "nays" on it.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-577
A RESOLUTION, WITH ATTACHMENTS, DIRECTING THE CITY
MANAGER TO INSTRUCT THE ADMINISTRATION TO PAVE
THE TRIANGULAR PORTION OF THE PUBLIC ALLEY LOCATED
SOUTH OF WEST FLAGLER STREET BETWEEN SOUTHWEST 52
COURT AND SOUTHWEST 54 AVENUE, MIAMI, FLORIDA, AS
INDICATED ON EXHIBIT "A", ATTACHED HERETO AND MADE
A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Plummer, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Be back at three o'clock.
Commissioner Gort: Mr. Mayor?
Vice Chairman Plummer: What.
79 June 9, 1998
27. APPROVE RECONSIDERATION OF AGENDA ITEM PZ-6 FROM MEETING OF
MAY 26, 1998 (APPEAL OF IMPACT FEE BOARD OF REVIEW --- FOR PROPERTY
LOCATED AT 3000 SOUTHWEST 3 AVENUE, A/K/A. MONSERRAT APARTMENTS).
Commissioner Gort: There's one item that was asked to be considered, which is an item we took
at the zoning board, that the gentleman was not here. We got a request from the ... I know he's
been here all morning.
Mayor Carollo: Is he here? Is there anyone else that is here that or needed to be here to address
this?
Mr. Kay: He's here.
Ms. Teresita Fernandez: He's here. He's here...
Vice Chairman Plummer: What is the item?
Ms. Fernandez: But he doesn't have...
Vice Chairman Plummer: What is the item?
Commissioner Gort: Item 26.
Ms. Fernandez: The item is that...
Vice Chairman Plummer: What? Item 26, is that just before 27 or just after 25? What is it?
Ms. Cristina Cuervo (Assistant City Manager): Item 26 on your agenda.
Mayor Carollo: Yeah, that was the next item that we have on the agenda now. O.K., this will be
the last item we do right now before break.
Ms. Cuervo: It was a reconsideration of...
Vice Chairman Plummer: Of what?
Ms. Cuervo: It was a reconsideration of a request for an appeal of an impact fee payment that
was on the May 26th planning and zoning agenda. Unfortunately, the gentleman was not here
but the reason he was not here was because he received notice of that hearing. There was a
typographical error in the notice he received. Had a different date for the hearing and therefore
the notice was not provided to him, so we'd like to...
Vice Chairman Plummer: I move to reconsider.
Commissioner Gort: Second.
80 June 9, 1998
Mayor Carollo: There's a motion. Second by Commissioner Gort. All in favor signify by
saying "aye".
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Plummer, who moved its adoption:
MOTION NO. 98-578
A MOTION TO RECONSIDER RESOLUTION NO. 98-540, WHICH
HAD PASSED ON MAY 26, 1998 (DENIAL OF APPEAL OF
IMPACT FEE BOARD FOR RELIEF FROM IMPACT FEES IN
CONNECTION WITH PROPERTY LOCATED AT
APPROXIMATELY 3000 S.W. 3 AVENUE (MONTSERRAT
APARTMENTS).
(Here follows body of motion, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: What is the recommendation of what this Commission do presently?
Ms. Cuervo: If you'd like to hear the item...
Vice Chairman Plummer: I'd like for a recommendation.
Ms. Cuervo: Our recommend... administration recommendation is to deny the appeal of the
impact...
Vice Chairman Plummer: I move to deny.
Mr. Vilarello: No, no, no. I'm sorry.
Mayor Carollo: No, you cannot ... you cannot do that.
Mr. Vilarello: The whole point of the consideration is to provide a date for the new hearing.
81 June 9, 1998
Mayor Carollo: And it has to be advertised.
Vice Chairman Plummer: That's what I asked. What is the recommendation of the...
Ms. Cuervo: That it come back on June 23rd.
Vice Chairman Plummer: I so move.
Mayor Carollo: It's a motion and a second when to have this item brought back. All in favor
signify by saying "aye".
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Plummer, who moved its adoption:
MOTION NO. 98-579
A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE
CONSIDERATION OF AN APPEAL OF THE IMPACT FEE
BOARD'S DENIAL FOR RELIEF FROM IMPACT FEES IN
CONNECTION WITH PROPERTY LOCATED AT
APPROXIMATELY 3000 S.W. 3 AVENUE (MONTSERRAT
APARTMENTS) FOR THE COMMISSION MEETING OF JUNE 23,
1998.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mayor Carollo: Do we come back at three or three -thirty, gentlemen?
Vice Chairman Plummer: Three. And you know what that means.
Mayor Carollo: This Commission shall reconvene at three p.m.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:00 P.M. AND
RECONVENED AT 3:03 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT
82 June 9, 1998
28. DISCUSS CITY'S RESPONSE TO DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AUDIT —FURTHER DISCUSS NEED TO REORGANIZE
COMMUNITY DEVELOPMENT IN ORDER TO ADDRESS SYSTEMIC WEAKNESSES
ADDRESSED BY HUD AUDIT.
Vice Chairman Plummer: We're now on Item 27. Mr. Manager? Mr. Chief, Mr. Warshaw, Mr.
Sitting In That Chair. All right. Are you ready?
Commissioner Regalado: Excuse me. You said which one, 27?
Vice Chairman Plummer: We're starting on 27A. Would you prefer to go with 28, give her time
to get here?
Commissioner Regalado: I would rather ... Mr. Vice Chairman, I would rather skip the HUD
(Housing and Urban Development) ... there's, let's see, one, two, three...
Vice Chairman Plummer: 27G,H and I, J.
Commissioner Regalado: O.K. Can we do the 27?
Vice Chairman Plummer: What is your wish, Commissioner?
Commissioner Regalado: I ... I think ... oh, O.K., she's here. O.K.
Vice Chairman Plummer: Do you wish...
Commissioner Regalado: I just want to ask...
Vice Chairman Plummer: You wish to proceed?
Commissioner Regalado: Yeah, yeah, sure.
Vice Chairman Plummer: All right.
Mr. Warshaw: Commissioners, on the 26th of March the City received an audit report from
HUD and we were given a 60-day period of time for which we requested a 30-day extension.
The presentation you're going to see right now includes accompanying legislation with corrective
action based on that audit and in your package you will see the City's response to the audit. I'm
going to ask Gwen Warren to give you a brief presentation.
Vice Chairman Plummer: The only thing I would ask, Gwen, as you do this, if your remarks
pertain to certain 27B or 27D, that you so indicate at the time that your remarks relate to 27
what. Five minutes?
Ms. Gwendolyn Warren(Director, Community Development): More or less.
83 June 9, 1998
Vice Chairman Plummer: Less? My kind of girl.
Commissioner Regalado: Gwen, you're going to start on 27A with the Housing Loan
Committee, right?
Ms. Warren: What I was going to do is briefly go through the audit response and then the
associated resolutions in terms of how they assisted in the corrective action plan.
Vice Chairman Plummer: Commissioner Regalado, does that meet with your approval?
Commissioner Regalado: Sure.
Vice Chairman Plummer: O.K. Commissioner Teele is here. I saw him there. He can hear, so
go ahead and proceed. I just want to make sure...
(At this point, 3:07 p.m., Commissioner Teele entered the Commission chambers).
Commissioner Sanchez: Yeah, we're ready.
Vice Chairman Plummer:... where she's going is the way the Commission wants it to be done.
Commissioner Sanchez: Sure.
Vice Chairman Plummer: Proceed.
Ms. Warren: As the Manager indicated, on March 26th, we received our final audit from the
office of the Inspector General, which is associated with HUD . The final draft is a CU, then we
have 60 days to provide a corrective action plan. During ... we received an initial draft response in
November of '97. Since that time period, City staff and HUD staff have been working on an
early corrective action and intervention plan, so as we have been formulating the final draft audit
response, staff has been implementing corrective actions as we have been proceeding and been
working hand in hand with our local HUD office. In summary, the audit identified three
significant findings. The first finding was that the City had spent five million two hundred
thousand dollars ($5,200,000.00) of CDBG (Community Development Block Grant) funds for
administrative expenses without proper support documentation and that we'd also spent an
additional four hundred eighty-four thousand ($484,000.00) for what they're considering
ineligible grant administrative expenses and, as a result, five million six hundred eighty-eight
thousand six hundred and six dollars ($5,688,606.00) were deprived from the beneficiaries of the
program. In other words, they're asserting that these funds would have normally been provided
for community services and activities and because we spent them outside of the parameters of
our funding definitions, that the Community was deprived of those resources. The second
finding is that, in summary, they're indicating that the City has improperly or ineffectively
administered its multi -family loan program to the tune of about nine million nine hundred
thousand dollars ($9,900,000.00) worth of outstanding defaulted loans. The primary issue there
is, they're saying we lacked the systems procedures, oversight and/or follow through to safeguard
the City's resources and again, protect the resources for benefit to the community. And the third
significant finding was that the City had allocated four million seven hundred fifty thousand
dollars ($4,750,000.00) of HOME funds to an affordable housing project, which the City and
84 June 9, 1998
HUD had considered unfeasible and non -affordable for low and moderate income residents. In
addition to that, the developer of the project had maintained possession of a hundred and
forty-four thousand five hundred and thirty-eight dollars ($144,538.00) of CBDG monies, which
should have been considered program income and returned to the City for re -allocation or use by
the program. Again, finding one, which is the five million six hundred thousand dollars
($5,600,000.00) primarily deals with the issue of the City's cost allocation plans. The issue there
is that the City is required to get an independent, indirect cost plan that would allow us to ... the
City to utilize indirect costs services from the CDBG grant or monies from the CDBG grant.
They're saying that for a set time period of three years, the City did not have an approved indirect
cost plan but in fact had utilized indirect cost resources and, as a result of us retroactively using
those indirect costs resources, we had also incurred some costs in the years that we recharged the
monies from. In addition, they're indicating that during program year '95 and '96, we didn't have
an approved plan at that time and so that's the summary of the five million six. The corrective
action that the City has taken. We have worked with PM Griffin, which is our indirect cost
consultant. They have provided and completed an indirect cost plan for the City's... for the
second years in question, which is '95, '96 and '97. We've submitted that to HUD for their
approval. We have also provided HUD justification for the prior three years, which would be
from '90...'85 to '90... I'm sorry. From '86 to '90, where they're alleging that we did not have a
plan and, therefore, we should not have retroactively charged costs. Given that, it's in prior years
and the records are a little sketchy, we've also contracted or recommended that we contract with
our indirect costs consultant, in that they develop a plan based on the records that are available
and submit that information to HUD. We have discussed this with them. They have agreed that
our approach... that they will support it. They think that our corrective actions are sound and
reasonable.
The...
Commissioner Regalado: Excuse me. Just for the record, Gwen. We don't have to pay ... give
back this year anything at all?
(At this point, 3:12 p.m., Commissioner Gort entered the Commission chambers)
Ms. Warren: On the issues of whether the City will owe money, what we're basically doing is
responding as best we can to the audit. We're making proposals that if, in fact, they disallow the
costs, that there are other options for us repaying it back. In the area of item one, which is the
indirect cost rate, where they're considering that we deprived the community of resources,
our ... one, we're rigorously trying to defend ourselves and we think we have some good
information. But if, in fact, there are funds that are disallowed, what we're recommending and
what we're discussing with HUD at this point is that there be a future reduction of administrative
monies to offset any costs that would be disallowed. So, as you know, we receive a 20 percent
administrative allocation. We're recommending that all monies that would qualify be reduced
over a five year time period from future allocations, not to commence for one year. So, the
answer is...
Vice Chairman Plummer: Is that just related to housing or is that related to the entire total grant?
Ms. Warren: The administrative monies, which are funding...
Vice Chairman Plummer: Twenty percent
85 June 9, 1998
Ms. Warren: ... are the only ones that that would work on. The second finding, which is your
multifamily housing, where approximately a million dollars ($1,000,000.00) in question on two
grants that were forgiven by the Commission, they will not allow us to reduce future allocations.
Those monies, we have agreed, must be and they have indicated must be repaid. Where again, as
a part of our corrective action, asking that they allow us to repay it over a five year time period.
They have indicated a willingness to accept the plan if, in fact, the City implements a very
rigorous and immediate corrective action plan to all deficiencies. So they're saying basically, if
we clean up our act, that they'll allow us to do a corrective action over a five-year time period.
Vice Chairman Plummer: Have you surrendered items 27A through J by them to ask an opinion
as to whether or not they feel that this is a rigid enough program to meet what they have said?
Ms. Warren: We have met with them on at least two, three occasions. They have received a
draft. The draft audit response, plus the proposed resolutions. They feel ... again, they're not in
the position to say anything until such time as we officially present the audit response. My best
gleam of it is this, is that they're ... they feel very comfortable with the direction that the City's
taking.
Vice Chairnlan Plummer: Let me ask it in reverse.
Ms. Warren: O.K.
Vice Chairman Plummer: Did they say anything such as no way this will fly?
Ms. Warren: No. They said, you're going in the right direction and this is the only thing that
will fly.
Vice Chairman Plummer: O.K. Any other Commissioners and ... Trooper Joe...
Commissioner Regalado: Got a question.
Vice Chairman Plummer:... I'll leave the most room for you since you have not had the
opportunity to go into this before, so you'll have plenty of time.
Commissioner Regalado: Got a question, J.L.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: On Item 27D, would that be the item that allows the reorganization of
the department or ... because I remember last meeting, we told the administration to come back to
us and report if...if there is going to be a reorganization, that in terms of personnel or different
changes that will...
Ms. Warren: No. It's the ... sir, the audit responds itself, that responds to the ... what HUD
considers systemic weaknesses in the system. What they're basically saying, if you look at page
six, I mean nine, of our audit response, what they're saying... and they've said it in several reports
and verbally to us ... is that the three findings, the five million administration, the loan portfolio
86 June 9, 1998
and the non -monitoring of the project, can be attributed to four major factors. A lack of proper
programmatic and compliance monitoring. We do not have sufficient staff to monitor with the
technical expertise to safeguard the public funds. Our failure to use the proper checks and
balances and best practices in monitoring and maintaining federal funds. The lack of financial
oversight and insignificant ... insufficient staff capa City or capability. What they're basically
saying is that for the amount of monies that we receive and the complexity of the grant
management issues involved, you're not properly staffed. You're not properly automated and
you need to do that in order to avoid these kinds of significant findings in the future. They've
also brought it to our attention that they've made these statements over a series of years regarding
under staffing, skill level capability and systems. Again, the reorganization is in response to the
underlying issues that cause the significant findings. So, the reorganization basically goes along
the lines of the audit response. We're establishing financial oversight capabilities. Several years
ago there was a Finance Unit that was under the preview of the Community Development Unit.
We're doing that. Re -implementing that policy. We currently do not do contract compliance
monitoring. We do programmatic monitoring. So, those issues of a compliance nature... and I'm
sure you, gentlemen, probably remember CCSA (Christian Community Service Agency), which
is an organization that we contracted with to provide rental assistance to HIV residents and it
was a significant time period before we identified that not only had resources become an issue
but the organization had gone out of business. Again, the issue of the defaulted loan portfolio is
an exercise where the City has failed to implement contract grant foreclosure procedures because
of a lack of staff and systems. In other words, we have close to 40 percent of our multifamily
loan portfolio in default and we failed to implement collection procedures.
Commissioner Regalado: Right. But...
Ms. Warren: So, those are the issues as to the reorganization.
Commissioner Regalado: But if we approve this, then, would you be able to reorganize the
department, move officials from one department to another? That's what I'm asking.
Ms. Warren: I'm never in a position to move staff from one department to another. That's under
the purview of the City Manager's Office. Department heads are not authorized to relocate
employees in other departments.
Commissioner Regalado: O.K.. Mr. City Manager, one concern is that by approving this, you or
the administration would be reorganizing the department in a way that we want them to
understand what's going on?
Mr. Warshaw: Commissioner, in the brief time I've had a chance to look at this and discuss this
with the staff, it's my understanding that what this will do will create an administrative structure,
set up directives, set up controls that were not there before. Now, actually reorganizing the
department, candidly, I haven't looked at it hard enough to understand where that's all going but
certainly what this does, it sets the framework to make up for some of the lapses that were there
prior to the audit. It certainly addresses directive controls, policy and structure.
87 June 9, 1998
29. APPROVE ESTABLISHMENT OF SEVEN -MEMBER HOUSING LOAN
COMMITTEE -- FOR APPROVAL AND/OR DISAPPROVAL OF LOANS AND/OR
GRANTS; SUBORDINATION AGREEMENTS; LOAN RESTRUCTURING PLANS AND/OR
REPAYMENTS OF LOANS PROVIDED BY CITY THROUGH COMMUNITY
DEVELOPMENT BLOCK GRANT SINGLE-FAMILY AND MULTIFAMILY INVESTMENT
PARTNERSHIP PROGRAM AND STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM — DISCUSSION RELATED TO LIBERTY HOUSING ASSOCIATES &
NORTHWESTERN ESTATES DEVELOPMENT PROJECT — PERSONAL APPEARANCE:
OVLIA GROSS, URBAN LEAGUE DIRECTOR, TO REQUEST 60 DAY EXTENSION TO
COMPLY WITH OFFICE OF AUDIT FINDINGS.
Commissioner Regalado: One of the concerns that I have is that the Housing Loan Committee
will mirror the City of Miami how to ...How are these people going to be appointed?
Ms. Warren: We were ... the Housing Loan Committee would be, if accepted by the Commission,
will be revised to a seven member committee, three of which would be private sector individuals
and the appointment of those individuals would be by the Commission, recommended by the
City Manager to the Commission and the... again, subject to the Commission's ratification, with
a recommendation, also, that the chairperson of that loan committee be appointed by the Mayor.
Commissioner Regalado: And last...
Ms. Warren: And the other...
Commissioner Regalado: Last question. On the outstanding loans, would ... do we need sort of a
motion to say to the administration, go back and try to talk to the people that owe some money
for a few days and then come back for action, if need to?
Ms. Warren: No. Uh, we...
Commissioner Regalado: Mr. City Attorney?
Ms. Warren: That's a part of our process.
Mr. Warshaw: It's my understanding, Commissioner, we've been doing that.
Commissioner Regalado: O.K..
Mr. Warshaw: So, I don't know if it would require a motion.
Ms. Warren: No.
Commissioner Regalado: O.K..
Vice Chairman Plummer: I guess one of the criticisms is that we haven't been doing it.
88 June 9, 1998
Ms. Warren: No.
Commissioner Regalado: Well, that's... that's what I said. We haven't ... in the past we have not
done that. But my ... but what I said ... I said this because it's my understanding that there are
some ... some people that now want to resolve this situation and clarify their loans, so if we have
the opportunity and we don't need to go to court, we'll save some money and some time.
Vice Chairman Plummer: All right.
Ms. Warren: Absolutely.
Vice Chairman Plummer: Trooper Joe?
Commissioner Sanchez: I've read the resolution and also the recommendation by the City
Manager and legal department and I'm ready to vote on it.
Vice Chairman Plummer: 27A through J. You had a question?
Commissioner Sanchez: No, I just wanted to make that statement.
Vice Chairman Plummer: O.K.. Any other questions by any of the members of the
Commission`?
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Is there anything else that we need to discuss before we go ... I'm sorry.
Mr. Teele?
Commissioner Teele: Thank you, Mr. Chairman. Let me again commend the Manager and the
department, the Law Department, for moving forward on this. I want to ... first of all, ensure
myself that the Law Department is in full support and that the deficiencies that were pointed out
in the audit relating to the Law Department are satisfactorily addressed in this. This is coming
primarily from the department and I ... I would note that there were certain deficiencies noted.
How have you incorporated the corrective actions relating to the Law Department?
Mr. Vilarello: I believe item 27I incorporates the housing loan collection, policies and
procedures, and identifies the different responsibilities of both departments in going through and
following up on defaulted properties.
Commissioner Teele: O.K..
Mr. Vilarello: And my office is comfortable with those provisions and the allocation of
responsibilities.
Commissioner Teele: So you're satisfied with the full response from the department and the
Manager on this matter ... on the overall audit?
Mr. Vilarello: Yes.
89 June 9, 1998
Commissioner Teele: Specifically, I had requested, when this matter was brought forth, that the
Law Department would draw up a regulation or an ordinance that would address the issue that
the inspector general complained about, which was the political interference with the contracts
and collection. Has that been done, Mr. Law Department. How do we deal with that?
Mr. Vilarello: It's 27, right?
Commissioner Teele: Because I think it's important ... Mr. Martin, hold on. I think it's important
that the Law Department... we've got to have a little bit of a check and balance here. And one of
the things that I'm giving some concern to are statements that we should act on deficiencies. My
view ... and I may be a minority of one on this ... is that if there are deficiencies, then management
should act on independent of the Commission. And if there are some exceptions you are
bringing to us, then, we should act on the exception but to collect money under this should not
require Commission action. In other words, it doesn't require Commission action for you to go
out and collect delinquent garbage fees. It doesn't require Commission action for you to collect
delinquent occupational fees. It doesn't require a Commission action for you to collect
delinquent fees for inkind services, so why should we have to be asked to affirmatively act ... See,
I think we've got this thing wrong. I think we need to go back and read that audit very carefully
and we don't need to be acting on collection matters of delinquent activities. We need to be
acting only when there is a requirement that we grant some unique or exceptional exception to it,
but the rule should be to collect. And I'm trying to understand that in light of my colleagues...
Vice Chairman Plummer: The list that I got shows that you were doing that.
Commissioner Teele: ... to whom I have great admiration and respect for ... and the IG (Inspector
General) audit because it seems to me that the one thing that they lay squarely at five people that
sit on this dais was the political interference with collection, which cost the federal
government ... I think they said eight million dollars ($8,000,000)in monies that were not
collected. So, can you reconcile that, Mr. Attorney, and...
Mr. Vilarello: Yes. Commissioner, in an attempt to reconcile is item 27A in the establishment
of the housing loan committee... and I believe in the second paragraph... the last paragraph of the
Managers...
Mr. Warshaw: Second page.
Mr. Vilarello: ... memo, it deals with those particular three cases that the City Commission was
involved in. The Housing Loan Committee attempts to establish some separation from the
Commission action on those items.
Commissioner Teele: If there is a delinquent account, does it have to come to the Commission
to be approved?
Vice Chairman Plummer: No.
Mr. Vilarello: No, no. Not on...
90 June 9, 1998
Vice Chairman Plummer: Excuse me, Arthur, if I may. Didn't we all receive a list of the
accounts that were outstanding and what the action was at present of each one of the accounts as
to...
Commissioner Teele: See, that's the very thing I'm trying to say. I don't want that.
Vice Chairman Plummer: No. I'm just saying, we received it.
Commissioner Teele: Yeah. I don't want the garbage bills that are delinquent. I don't want, you
know, the occupational fees. Because what that does, that invites ... that invites political mischief
and we don't need that. I don't need it. The other four may need it but I really don't...
Vice Chairman Plummer: Don't want it.
Commissioner Teele: We don't need that. What we need you to do is to collect the money and if
there's going to be a dispute or legal action of something, then, bring it to us as it relates to some
dispute or some legal matter.
Vice Chairman Plummer: Or go to court.
Commissioner Teele: But as it relates to the management of the City, we need that to just go
ahead and to take place.
Vice Chairman Plummer: Yeah, but what we received was just to show us that they were doing
it.
Commissioner Teele: Similarly, as it relates to 27G, which is a long-awaited, I think, and very
necessary activity, and that is the engagement of a firm. We've got item 29 coming up. We've
got several items. How ... is this perspective or is this going to have any retroactivity? Are you
all going to go back and look at loans that have been done to determine whether or not the City
and the government is really getting their money out of this?
Mr. Vilarello: All loans that are in the loan portfolio, that are in the file, is subject to this review
if it's to our benefit. In order to ensure the best position for us.
Commissioner Teele: O.K.. So, if the loan is in default, you're going to look into it?
Mr. Vilarello: Absolutely.
Commissioner Teele: We approved... since I've served here, we approved a series of loans or
there was a series of loans approved back in September/October, very recently. I remember
when we discussed the fire fee. I asked for a list of loans that had been approved and there was
some huge list of loans that had been approved of multifamily housing money within the last
year or so. Are we going to start with those? I mean, can we ... I mean, the real issue here ... and
there was a lady that ... that I saw last night, who said that she's in a building... she's Section 8
subsidy, the owner just got a mod -rehab loan or some type of low ... low rent loan from the City,
and the wirings are all exposed and just burning up her appliances and all that kind of stuff. I
91 June 9, 1998
mean, are we really going to go back now and determine whether or not these people who say
we're doing a million dollars of electrical are really doing a million dollars of electrical?
Ms. Warren: Yes, sir.
Commissioner Teele: O.K..
Ms. Warren: Yes. Anything in our portfolio.
Vice Chairman Plummer: O.K.. Any ... hold on just a minute. Any other discussions of
Commissioners? O.K.. Your name and mailing address for the record.
Mr. Oliver Gross: Good afternoon, Commissioners. My name is Oliver Gross. I'm the director
of Development for the Urban League of Greater Miami and our address is 8500 Northwest 25th
Avenue. I'm here in relation to items 27E and F, the Northwestern Estates Housing Project. And
we'd just like to go on record as to our discussions and meetings with the City staff here, recently
in relation to the findings by OIG (Office of Inspector General) and just a couple of quick
comments as relates to both of the items. First, with a looking to engage a consultant to perform
a project analysis. I'd like to just make note that that has been done, at least once before, and I
think the findings are that came back in terms of being favorable, which the modifications to the
project relative to its costs and what it was that we were proposing to construct. Secondly, as it
relates to item 27F, we have met with Miss. Warren and her staff and in response to those items
and in terms of trying to respond, we think we've done what lends itself to a good faith effort in
terms of returning those proceeds that we had under our control at that particular point and time.
And we are working aggressively to return the balance of funds, that is, on the balance of those
hundred and forty-four thousand dollars ($144,000.)that was made note of in the OIG (Office of
Inspector General) findings. We think as relates to the affordability of the project that there are
some mitigating circumstances that we're working to resolve with both City staff and would hope
that they would work with us as we would work with those folks at the County that I think brings
in the companion...
Vice Chairman Plummer: All right, sir.
Mr. Gross: That makes it available process.
Vice Chairman Plummer: Thank you, sir. Anything else you want to add?
Mr. Gross: And I'd just like for you to take that into consideration and remember that the Urban
League has been a long term partner with the City of Miami in providing affordable housing.
Thank you.
Vice Chairman Plummer: O.K..
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Commissioner Teele?
92 June 9, 1998
Commissioner Teele: Mr. Gross, I'm not ... Mr. Gross... Oliver, I'm not clear on what you're
asking. It seems that they have taken ... are you asking for something specific?
Vice Chairman Plummer: You're making a statement.
Commissioner Teele: More time to get the full money back?
Mr. Oliver: I think, yes, to that.
Commissioner Teele: But you're going to pay the money back?
Mr. Oliver: Ultimately.
Commissioner Teele: And I just think that needs to be on the record because, I mean,
obviously...
Mr. Oliver: Well, let me see if I can just explain that because the Liberty Housing
Association... Associates is a partnership of which the Urban League of Greater Miami is a joint
venture partner and, as a result of that, whatever proceeds that were remitted relative to that
condemnation, the Urban League got its pro rata share and in response to the request from City
staff to return those proceeds, we returned those proceeds that we had under our control and we
did that as soon as we were able to. We are working with our partners in the joint venture in
terms of they returning that which they have under their control. There appears to be a
difference of opinion there. We've shared that with staff. Staff has said to us that by virtue of
the Urban League being the CHDO (Community Housing Organization Development) in this
relationship, that the burden falls on us. The Urban League has never been an agency in the fifty
something years of its existence that we're shirked on any of our responsibilities and we come to
the table as big boys today preparing to do whatever we can to find a palatable solution at this
point. The City has said that they understand and we're trying to work to resolve that.
Commissioner Teele: I guess my only question is, is there any particular action that you're
asking us to consider today? I think we all take note of the fact of the Urban League's
tremendous contributions to this community.
Mr. Oliver: I think, Commissioner, I understand in terms of what the time line is that you have
to respond to OIG (Office of Inspector General) and if, at all possible, for that particular issue,
we could be granted an additional 60 days as we plot, not only through the return of the
additional dollars but also as we work out the factors relative, the affordability, I think would be
an appropriate request.
Vice Chairman Plummer: But basically you're here to make a statement?
Mr. Oliver: Right. And ask for the additional 60 days.
Vice Chairman Plummer: Mr. Manager, I don't know how we can do that because we are on a
deadline for complying.
93 June 9, 1998
Ms. Warren: The staff is basically recommending in 27F, the time frame in ... that' s
recommended in the resolution is 60 days, that is being requested for the City to receive the
balance of the hundred and forty-four thousand...
Commissioner Teele: From today?
Ms. Warren: From the date ... from today. And that the other issues that HUD has brought up,
which is the affordability...
Vice Chairman Plummer: Just answer the question direct. Can he have the 60 days or not?
Ms. Warren: If you approve this, he gets 60 days and before we institute legal action.
Vice Chairman Plummer: O.K.. That answers the question. You don't have to editorialize it.
Ms. Warren: O.K.
Mr. Gross: Thank you.
Vice Chairman Plummer: Is there anyone else that wish to speak to anything from 27A to J?
Mr. City Attorney, they're all resolutions. Can we move them in in one swoop or do we have to
do them individually?
Mr. Vilarello: Individually.
Vice Chairman Plummer: Thanks... for nothing.
Commissioner Teele: Move 27A.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: All in favor say aye. No opposition.
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
94 June 9, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
01.Y91011CO ►MIN& :ST:111
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO APPOINT A SEVEN -MEMBER (7) HOUSING LOAN
COMMITTEE FOR THE PURPOSE OF APPROVING AND
DISAPPROVING LOANS AND/OR GRANTS WHICH ARE BEING
PROVIDED BY THE CITY OF MIAMI THROUGH THE CITY'S
CDBG-FUNDED SINGLE-FAMILY AND MULTIFAMILY
REHABILITATION LOAN PROGRAMS, HOME INVESTMENT
PARTNERSHIP ("HOME") PROGRAM AND STATE HOUSING
INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; PROVIDING
THE HOUSING LOAN COMMITTEE WITH THE AUTHORITY TO
RECOMMEND FOR APPROVAL/DISAPPROVAL LOAN
APPLICATIONS FOR HOUSING FUNDS, SUBORDINATION
AGREEMENTS, LOAN RESTRUCTURING PLANS AND/OR LOAN
REPAYMENT PLANS FOR HOUSING LOANS IN THE CITY'S
EXISTING HOUSING LOAN PORTFOLIO; FURTHER REQUIRING
THE APPROVAL OF SUCH TRANSACTIONS BY THE CITY
COMMISSION, THE STATE FINANCIAL EMERGENCY
OVERSIGHT BOARD AND ON A CASE BY CASE BASIS, THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
CERTAIN TRANSACTIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
95 June 9, 1998
30. APPROVE REVISED PROGRAM GUIDELINES FOR: ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT -FUNDED MULTIFAMILY
REHABILITATION PROGRAM / HOME INVESTMENT PARTNERSHIP PROGRAM
(HOME) / STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM.
Commissioner Teele: Move 27b.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: Is there any opposition?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Showing unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-581
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
ATTACHED REVISED PROGRAM GUIDELINES FOR THE
ADMINISTRATION OF THE CITY'S CDBG-FUNDED
MULTIFAMILY REHABILITATION PROGRAM ("CDBG
PROGRAM GUIDELINES"); APPROVING THE ATTACHED
COMMUNITY DEVELOPMENT HOUSING ORGANIZATIONS
("CHDOS")/NEW CONSTRUCT IN LENDING GUIDELINES AND
PROCEDURES FOR THE ADMINISTRATION OF THE HOME
INVESTMENT PARTNERSHIP PROGRAM ("HOME") AND THE
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
("SHIP") ("CHDO PROGRAM GUIDELINES"); AUTHORIZING
AND DIRECTING THE CITY MANAGER TO ADMINISTER THE
CDBG-FUNDED MULTI -FAMILY REHABILITATION PROGRAM,
HOME AND SHIP PROGRAMS IN ACCORDANCE WITH THE
ABOVE -MENTIONED PROGRAM GUIDELINES, SUBJECT TO
THE APPROVAL OF SAID PROGRAM GUIDELINES FOR THE
CDBG AND HOME PROGRAMS BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT ("HUD"); FURTHER
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
SUBMIT THE CDBG PROGRAM GUIDELINES AND CHDO
PROGRAM GUIDELINES FOR THE HOME PROGRAM TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR ITS REVIEW AND APPROVAL OF THE SAME.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
96 June 9, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
31. ESTABLISH HOUSING LOAN RECOVERY FUND -- FOR PROTECTION OF
CITY'S HOUSING LOAN PORTFOLIO -- FOR LOANS THROUGH SINGLE-FAMILY AND
MULTIFAMILY INVESTMENT PARTNERSHIP PROGRAM / MULTIFAMILY
REHABILITATION PROGRAM / HOME INVESTMENT PARTNERSHIP PROGRAM
(HOME) / STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM.
Commissioner Teele: Move 27C.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Yes.
Vice Chairman Plummer: Is there any opposition?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Showing unanimous.
97 June 9, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-582
A RESOLUTION ESTABLISHING A HOUSING LOAN RECOVERY
FUND IN THE AMOUNT OF $500,000.00, FOR THE PURPOSE OF
PROTECTING THE CITY'S HOUSING LOAN PORTFOLIO FOR
LOANS PROVIDED THROUGH THE CDBG FUNDED SINGLE-
FAMILY AND MULTIFAMILY REHABILITATION LOAN
PROGRAMS, HOME INVESTMENT PARTNERSHIP ("HOME")
PROGRAM AND STATE HOUSING INITIATIVES PARTNERSHIP
("SHIP") PROGRAM; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE THE AFOREMENTIONED FUNDS
FROM THE SALE PROCEEDS OF THE ST. HUGH OAKS VILLAGE
CONDOMINIUMS; FURTHER AUTHORIZING AND DIRECTING
THE CITY MANAGER AND THE CITY ATTORNEY TO UTILIZE
AND DISBURSE SAID FUNDS ON A CASE -BY -CASE BASIS,
AFTER IT HAS BEEN DETERMINED THAT IT IS IN THE CITY'S
BEST INTEREST TO MITIGATE AND/OR PURSUE LEGAL
ACTIONS AGAINST LOAN ACCOUNTS WHICH ARE IN
DEFAULT IN EXCESS OF 120 DAYS.
(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 Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
32. ESTABLISH MORATORIUM REGARDING ADMINISTRATION OF CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME FUNDED MULTIFAMILY
REHABILITATION LOAN PROGRAMS IN RESPONSE TO FINDINGS OF AUDIT REPORT
DATED MARCH 26, 1998.
Commissioner Teele: D. Move 27D.
Commissioner Gort: Second.
Vice Chairman Plummer: Is there any opposition?
98 June 9, 1998
The Commission (Collectively): Aye.
Vice Chairman Plummer: Showing unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-583
A RESOLUTION ESTABLISHING A MORATORIUM, FOR A
PERIOD OF SIX (6) MONTHS, IN CONNECTION WITH THE
ADMINISTRATION OF THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") AND HOME FUNDED
MULTIFAMILY REHABILITATION LOAN PROGRAMS IN
RESPONSE TO THE FINDINGS IDENTIFIED BY THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S
DISTRICT OFFICE OF THE INSPECTOR GENERAL ("OIG");
DIRECTING THE CITY MANAGER TO TAKE THE NECESSARY
CORRECTIVE ACTIONS TO ADDRESS THE FINDINGS AND
CONCERNS IDENTIFIED BY THE OIG IN THE AUDIT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
33. AUTHORIZE / DIRECT CITY MANAGER TO ENGAGE SERVICES OF
INDEPENDENT CONSULTANT -- FOR ANALYSIS OF NORTHWESTERN ESTATES
HOUSING PROJECT.
Commissioner Teele: Move 27E.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Yes.
Commissioner Sanchez: Second.
99 June 9, 1998
Vice Chairman Plummer: Is there any opposition?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
The following resolution and motion were introduced by Commissioner Teele, who moved their
adoption:
RESOLUTION NO. 98-584
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENGAGE THE SERVICES OF AN INDEPENDENT
CONSULTANT TO PERFORM A PROJECT ANALYSIS OF THE
NORTHWESTERN ESTATES HOUSING PROJECT IN RESPONSE
TO THE CONCERNS AND ISSUES CITED BY THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S
DISTRICT OFFICE OF THE INSPECTOR GENERAL IN ITS AUDIT
REPORT DATED MARCH 26,1998, FOR A FEE NOT TO EXCEED
$10,000, WITH FUNDS THEREFOR BEING AVAILABLE IN THE
HOME INVESTMENT PARTNERSHIP PROGRAM, ACCOUNT
NOS. 198001.6301.6.270 AND 198006.630101.6.270; FURTHER
DIRECTING THE CITY MANAGER TO SUSPEND ALL FUTURE
PAYMENTS TO LIBERTY HOUSING ASSOCIATES AS THE
DEVELOPER OF THE PROJECT UNTIL SUCH TIME AS THE
ISSUES AND CONCERNS AS CITED BY THE OIG IN THE AUDIT
HAVE BEEN RESOLVED BY THE CITY ADMINISTRATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
MOTION NO. 98-584.1
A MOTION REAFFIRMING AUTHORIZATION OF THE CITY
MANAGER TO ENGAGE THE SERVICES OF AN INDEPENDENT
CONSULTANT TO PERFORM A PROJECT ANALYSIS OF THE
NORTHWESTERN ESTATES HOUSING PROJECT IN RESPONSE
TO CONCERNS CITED BY THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT.
100 June 9, 1998
Upon being seconded by Commissioner Gort, the resolution and motion were passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Move 27E.
Vice Chairman Plummer: Second?
Commissioner Gort: Second.
Vice Chairman Plummer: Is there any opposition?
The Commission(Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
34. AUTHORIZE / DIRECT CITY MANAGER TO NOTIFY LIBERTY HOUSING
ASSOCIATES AS NORTHWESTERN ESTATES DEVELOPER OF SIXTY DAYS
EXTENSION TO COMPLY WITH RECOMMENDATION IDENTIFIED IN MARCH 26, 1998
OFFICE OF INSPECTOR GENERAL (OIG) HUD AUDIT REPORT.
Commissioner Teele: Move 27F.
Commissioner Gort: Second it.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Is there any opposition.
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
101 June 9, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-585
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PROVIDE WRITTEN NOTIFICATION TO LIBERTY
HOUSING ASSOCIATES AS THE DEVELOPER OF THE PROPOSED
134-UNIT HOUSING PROJECT KNOWN AS NORTHWESTERN
ESTATES, THAT IT HAS SIXTY (60) DAYS TO COMPLY WITH
THE RECOMMENDATIONS IDENTIFIED BY THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S
DISTRICT OFFICE OF THE INSPECTOR GENERAL IN ITS AUDIT
REPORT DATED MARCH 26, 1998 AS SPECIFIED HEREIN;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
DISCONTINUE ALL FUNDING FOR THE PROJECT, EXCEPT FOR
RELOCATION AND SECURITY UNTIL SUCH TIME AS THE
DEVELOPER COMPLIES WITH SAID RECOMMENDATIONS;
FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE
NECESSARY TO ENSURE COMPLIANCE WITH SAID
RECOMMENDATIONS, INCLUDING TERMINATING THE
PROJECT AND RECORDING THE DEED TO THE PROPERTY,
SHOULD THE DEVELOPER FAIL TO COMPLY WITHIN THE TIME
PRESCRIBED.
(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 Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
102 June 9, 1998
35. AUTHORIZE / DIRECT CITY MANAGER TO ENGAGE SERVICES OF CIVIL
ENGINEERING FIRM -- FOR CONSTRUCTION COST ANALYSIS OF ALL HOUSING
PROJECTS CONSIDERED FOR FUNDING THROUGH COMMUNITY DEVELOPMENT
BLOCK GRANT, HOME AND SHIP PROGRAMS -- FURTHER DIRECTING CITY
MANAGER TO ENGAGE SERVICES OF APPRAISAL FIRMS IN CONNECTION WITH
ABOVE.
Commissioner Teele: Move 27G.
Commissioner Regalado: Second.
Vice Chairman Plummer: Any opposition?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-586
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ENGAGE THE SERVICES OF A CIVIL ENGINEERING FIRM TO
PERFORM CONSTRUCTION COST ANALYSES OF CDBG AND HOME
PROGRAM FUNDED MULTIFAMILY REHABILITATION LOAN PROJECTS
IDENTIFIED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'S DISTRICT OFFICE OF THE INSPECTOR GENERAL
("OIG") IN ITS AUDIT REPORT DATED MARCH 26,1998 CONCERNING
THE CITY'S MULTIFAMILY REHABILITATION LOAN PROGRAMS AND
TO PERFORM CONSTRUCTION COST ANALYSES OF ALL HOUSING
PROJECTS WHICH ARE BEING CONSIDERED FOR HOUSING FUNDING
FROM THE CITY THROUGH CDBG, HOME AND SHIP PROGRAMS;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENGAGE THE
SERVICES OF APPRAISAL FIRMS(S) TO PERFORM UPDATED
APPRAISALS OF EACH MULTIFAMILY PROJECT TO DETERMINE THE
FAIR MARKET VALUE OF SUCH PROJECTS TO ASSIST THE CITY IN ITS
EFFORTS TO REACH A NEGOTIATED SETTLEMENT WITH DEVELOPERS
OF SAID PROJECTS WITH DEFAULTED CITY LOANS AND/OR TO
INSTITUTE FORECLOSURE PROCEEDINGS AGAINST SAID DEVELOPERS;
PROVIDING THAT THE HEREIN AUTHORIZATION TO ENGAGE SUCH
PROFESSIONAL SERVICES SHALL BE SUBJECT TO COMPLIANCE WITH
ALL REQUIREMENTS THAT MAY BE IMPOSED BY THE CITY
ATTORNEY, INCLUDING, BUT NOT LIMITED TO, THOSE PRESCRIBED
BY APPLICABLE CITY CHARTER AND CODE PROVISIONS; FURTHER
AUTHORIZING AND DIRECTING THE CITY MANAGER TO IDENTIFY
FUNDING TO DEFRAY THE COST FOR THE AFOREMENTIONED
PROFESSIONAL SERVICES.
103 June 9, 1998
(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 Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
36. APPROVE ESTABLISHING POLICY FOR AFFORDABLE HOUSING PROJECTS
RECEIVING FUNDING FROM CITY THROUGH COMMUNITY DEVELOPMENT BLOCK
GRANTS, HOME AND SHIP PROGRAMS.
Commissioner Teele: Move 27H.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Any opposition?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-587
A RESOLUTION ESTABLISHING A POLICY WITH RESPECT TO
AFFORDABLE HOUSING PROJECTS RECEIVING PROJECT
FUNDING FROM THE CITY OF MIAMI THROUGH THE CDBG,
HOME AND SHIP PROGRAMS, REQUIRING A LEVERAGING
FACTOR AS A CONDITION FOR SECURING PROJECT FUNDING
OF A MINIMUM OF ONE (1) TO THREE (3) FOR
HOMEOWNERSHIP PROJECTS AND A MINIMUM OF ONE (1) TO
FIVE (5) FOR RENTAL PROJECTS WITH RESPECT TO OTHER
PROJECT FUNDING SOURCES INCLUDING BOTH PUBLIC
AND/OR PRIVATE SECTOR SOURCES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
104 June 9, 1998
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
37. APPROVE CITY'S HOUSING LOAN COLLECTION PROCEDURES AND POLICIES
FOR LOW -INTEREST LOANS PROVIDED THROUGH COMMUNITY DEVELOPMENT
FUNDED SINGLE-FAMILY AND MULTIFAMILY REHABILITATION LOAN PROGRAMS
/ RENTAL REHABILITATION GRANT PROGRAM / HOME INVESTMENT
PARTNERSHIP PROGRAM / STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
-- FURTHER INSTRUCT CITY ATTORNEY TO COORDINATE LOAN COLLECTION
PROCEDURE WITH COMMUNITY DEVELOPMENT.
Commissioner Teele: Move 27I.
Commissioner Regalado: Second.
Vice Chairman Plummer: Any opposition?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
105 June 9, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-588
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE CITY
OF MIAMI'S HOUSING LOAN COLLECTION PROCEDURES AND
POLICIES IN CONNECTION WITH THE CITY' S HOUSING LOAN
PORTFOLIO CONSISTING OF LOW -INTEREST LOANS WHICH
HAVE BEEN PROVIDED THROUGH THE CITY'S CDBG-FUNDED
SINGLE-FAMILY AND MULTIFAMILY REHABILITATION LOAN
PROGRAMS, RENTAL REHABILITATION GRANT PROGRAM,
HOME INVESTMENT PARTNERSHIP PROGRAM AND STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM;
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
COORDINATE A LOAN COLLECTION PROCEDURE WITH THE
DEPARTMENT OF COMMUNITY DEVELOPMENT WHICH WILL
INCLUDE SENDING CERTIFIED LETTERS TO ALL DELINQUENT
DEBTORS AND TO AGGRESSIVELY PURSUE ALL LEGAL
ACTIONS AND OPTIONS AGAINST ALL LOAN ACCOUNTS
WHICH ARE IN DEFAULT IN EXCESS OF 120 DAYS;
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
PROVIDE THE CITY COMMISSION WITH QUARTERLY STATUS
REPORTS OF ALL DEPARTMENT OF COMMUNITY
DEVELOPMENT DELINQUENT LOANS REFERRED TO THE CITY
ATTORNEY' S OFFICE.
(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 Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
106 June 9, 1998
38. DIRECT CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH DAVID M. GRIFFITH & ASSOCIATES, LTD. -- FOR COST
ALLOCATION SERVICES TO ASSIST CITY IN PREPARING RESPONSE TO OFFICE OF
INSPECTOR GENERAL (HUD) AUDIT REPORT DATED MARCH 26, 1998 -- ALLOCATE
$35,000.00 MAXIMUM FROM ACCOUNT 921002-270.
Commissioner Teele: Move 27J.
Commissioner Regalado: Second.
Vice Chairman Plummer: Any opposition?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DAVID M.
GRIFFITH & ASSOCIATES, LTD., IN SUBSTANTIALLY THE
FORM ATTACHED, TO PROVIDE CERTAIN COST ALLOCATION
SERVICES IN CONNECTION WITH THE CITY OF MIAMI'S
COMMUNITY DEVELOPMENT BLOCK GRANTS FOR FISCAL
YEARS 1986, 1987, 1988, AND 1989 AND THE CITY'S
SUPPLEMENTAL DISASTER RELIEF GRANT, TO ASSIST THE
CITY IN PREPARING ITS RESPONSE TO THE FINDINGS
IDENTIFIED BY THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT'S DISTRICT OFFICE OF THE
INSPECTOR GENERAL IN ITS AUDIT REPORT DATED MARCH
26,1998, FOR AN AMOUNT NOT TO EXCEED $35,000.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
921002-270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
107 June 9, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Gwen, let me congratulate you for a job you took over right out of
nowhere and you came in and I think that really, when you said the wording which they told you,
this is the only way it's going to fly, you put the wings to it. Congratulations.
Ms. Warren: Thank you, sir.
39. APPROVE ESTABLISHMENT OF CITIZENS' ADVISORY COMMITTEE FOR
VIRGINIA KEY-- FURTHER DIRECT CITY MANAGER TO ORGANIZE VISIT OF CITY
COMMISSIONERS TO VIRGINIA KEY PARK AREA.
Vice Chairman Plummer: Item 28. Mr. Regalado, I think that's your item. Asking for an
advisory board on Virginia Key.
Commissioner Regalado: Yes. Basically, since we discussed the future plans for Virginia Key
in February. A lot of groups that want to take part and I asked administration to place the item.
My purpose ... and I have been ... this past weekend I went to Virginia Key to check on the
different areas and I think that we need ... this is ... I think it could be brief. That I would ask
administration to give us a structure of a committee ... an advisory committee and then come back
to the Commission and maybe we could have in the future a public hearing in terms of the group
that want to be a part of the different activities because sense we don't have yet all the
information from the administration and the future plans of Virginia Key, I think it would be
very immature to just establish now a committee and have different groups and we have not
advertised this and think that there's a lot of groups that want to participate and I think that all the
members of this Commission should have and input on this committee, so my motion is to...
Vice Chairman Plummer: Motion by Commissioner Regalado to establish a committee...
Commissioner Gort: Motion second.
Commissioner Regalado: Yes, to establish a committee and for the administration to come back
with the structure of this committee with the input from all the members of the Commission and
the Mayor and the City administration and the staff. So we can all work together and I know ... I
will tell you ... I will tell you that I think that the administration should organize a visit of all the
108 June 9, 1998
members of the Commission to the area. There are members of the Parks Department, the
employees of the Parks Department, who are doing a very good job in that area. And that area is
really important for the City of Miami. We should all see on -sight what are the plans...
Vice Chairman Plummer: Is there a second to the motion?
Commissioner Sanchez: Second.
Vice Chairman Plummer: Any further discussion? All in favor say aye. I'm sorry. Mrs. Miller,
you wish to speak on the issue?
Ms. Mable Miller: Yes, I do thank you. Mable Miller 210 Seaview Drive. About a month ago
some of us attended the Greater Miami Chambers of Commerce land use symposium, and all day
session, and we were impressed with the ideas that came out of that. One thing we know is that
Virginia Key is a business enterprise for the City of Miami and we feel, it's very important, that
very soon you establish and advisory group from among the citizens and there are people who
are knowledgeable in the law, real estate, education, environment, who could participate in that
as advisors to you and to your Planning Department. Now, Planning has a lot of other planning
to do and what this group could do is to facilitate your seeing through some very fine objectives
for Virginia Key. And we hope you'll keep that in mind. We can recommend some people and
so can Chamber of Commerce.
Vice Chairman Plummer: I thank you, ma'am.
Ms. Miller: Sure.
Vice Chairman Plummer: This will be coming back with the recommendations of the
administration.
Ms. Miller: I think some others would like to speak. They've taken off work.
Vice Chairman Plummer: I think it would appropriate that they come back and speak at such
time as we get ready to put it together, more so than now because all he's asked for is the
administration to study it and come back to this Commission for an approval.
Ms. Miller: They did take off work to be here.
Vice Chairman Plummer: Is there anyone that wishes ... has a burning de ... not you. You didn't
take off from no work. You ain't worked in your lifetime.
Ms. Miller: Oh, I'm just an old retired teacher.
Vice Chainnan Plummer: No, no, I'm talking about boom -boom.
Commissioner Regalado: He wasn't talking about you. He was talking about him. He was
talking about him.
Vice Chairman Plummer: I'm talking about the undesirable alien over there.
109 June 9, 1998
Mr. Adam Locke: Good afternoon, Commissioners.
Vice Chairman Plummer: Your name and your mailing address, please.
Mr. Locke: My name's Adam Locke. I'm at 2170 Southwest 20th Street in Miami. I'm the
president of the South Florida Board Sailing Association. I'm also the acting chairperson on the
Virginia Key Advisory Group and we are in support of having a committee of citizens that...
Vice Chairman Plummer: The Virginia Key Advisory Board. What is that?
Mr. Locke: ... would lend advice to this Commission. Thank you, very much.
Vice Chairman Plummer: Excuse me. What is the Virginia Key Advisory Board?
Mr. Locke: It's a group of environmentalists and other citizens to...
Vice Chairman Plummer: Establish by who?
Mr. Locke: Established by the citizens of Miami.
Vice Chairman Plummer: Oh. That's a group that's telling me what I can do with my property?
Mr. Locke: That's a group that citizens, who are tax payers, who are looking at what you're
doing to the property and who are sitting down and having conferences about it.
Vice Chairman Plummer: O.K.. No. I didn't ... I didn't know we had such a group. That's fine.
Mr. Locke: Thank you.
Vice Chairman Plummer: Come on, boom -boom.
Mr. Goenaga: Also clarification.
Vice Chairman Plummer: Everybody's got their cross to bear.
Mr. Goenaga: Mr. Plummer.
Vice Chairman Plummer: Dime.
Mr. Goenaga: It is not your property. It's our property.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: And let me tell you something, gentlemen, and members of the Commission,
ladies and this is the ... the Virginia Key is the only virgin that exists in Miami right now. The
sand has been stolen and has been sold illegally. Check into that, fellow government,
watchdogs. Thank you.
110 June 9, 1998
Vice Chairman Plummer: Aren't the Virgin Islands next to Puerto Rico. Thank you, sir. Item
30. I'm sorry, item 29. Twenty-nine was put on the agenda by the Manager. Mr. Manager, it's
your item.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
Z16=01W0161WESYZI
A MOTION TO ESTABLISH AN ADVISORY COMMITTEE FOR
POSSIBLE ACTIVITIES IN VIRGINIA KEY; FURTHER
DIRECTING THE ADMINISTRATION TO COME BACK WITH A
RECOMMENDED STRUCTURE FOR SAID COMMITTEE, AFTER
CONSULTING WITH THE MAYOR AND MEMBERS OF THE
COMMISSION IN CONNECTION WITH SAME.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
40. PRESENTATION BY POLICE REGARDING CRIME FIGHTING STRATEGIES IN
AREA LOCATED AT NORTHWEST 61 STREET BETWEEN 12 AVENUE NORTHWEST
AND 15 AVENUE-- COMMISSIONERS COMMENT FURTHER ON NEED FOR
COMMUNITY POLICING / NEED TO PROVIDE CRIME STATISTICS THROUGH NET 9 /
NEED TO PROVIDE SIMILAR REPORTS REFLECTING POLICE WORK IN AREAS
WHERE DRUGS ARE PROBLEMATIC -- FURTHER REQUESTING REPORT REGARDING
POLICE EFFORTS TO CURTAIL DRUGS IN WEST GROVE FOR COMMISSION
MEETING OF JULY 14, 1998.
Mr. Warshaw: Commissioner, let me just start off by telling you that, at the direction and with
the guidance of Commissioner Teele, the staff of the City has met on several occasions with
members of the community and, historically, this is an area of the City that there has never really
been a collaborative effort directed toward, so what we're going to do this afternoon is give you a
presentation to begin with by Karen Cooper, the net administrator, to include community
development, planning, police, net, parks and public works, and come up with some kind of a
ill June 9, 1998
plan to collaberately go into this area and try to make some really substantive changes. So I'll
ask Karen Cooper to start off.
Ms. Karen Cooper: Good afternoon.
Vice Chairman Plummer: About how long is Karen Cooper going to speak?
Ms. Cooper: A few minutes and then...
Vice Chairman Plummer: What is a few, two, two hundred?
Ms. Cooper: Two to three.
Vice Chairman Plummer: No, no. Five minutes is fine. I just needed to know...
Ms. Cooper: O.K.. Less than five minutes.
Vice Chairman Plummer: You got it.
Ms. Cooper: It's very brief. There are two primary issues that currently abound within the
areas ... within the areas of Northwest 58th to 62nd Street, between 12th and 17th Avenues, in the
Model City NET service area. The sub -divisions legal name is King Heights Orchard Villa, not
Germ City. The first issue pertains to the quality of life, specifically Section 8 housing. The
second issue is crime. In my opinion, the mass density in this area has contributed significantly
to the area's reputation as a drugs supermarket. Particularly notorious is Northwest 61st Street
from 13th to 15th Avenues. The negative activity that has come along with this unsavoring
reputation has resulted in residents living in dominant fear. What has already been done in the
area? Operation Stand Up was conducted which included restricting vehicular access on a
temporary basis. And Saturday clean-up efforts as strategies to combat negative activity. An
apartment owners' association was organized approximately two years ago by NET. The
members of the Apartment Owners Association have partnership with the NET office and the
police to address code enforcement and police issues. Police have also enacted operations TCB,
Taking Care of Business, and ZT, Zero Tolerance. At this time, Gwen Warren...
Vice Chairman Plummer: Excuse me.
Ms. Cooper: Yes.
Vice Chairman Plummer: Would the police officers or whoever is outside ask those parties who
want private meetings to, please step outside so we have the opportunity of hearing the speaker?
Thank you and proceed.
Ms. Cooper: At this time Gwen Warren, followed by Major Gerald Darling, will present details
on the two primary issues.
Vice Chairman Plummer: Gwen, you're in great demand today
Ms. Warren: CD (Community Development) day.
112 June 9, 1998
Vice Chairman Plummer: Be careful.
Ms. Warren: I know. As Karen Cooper has indicated, we, as a City ... I'm sorry ... a task force of
City departments have come together to deal with an issue that's been brought to our attention by
members of the community and specifically by Judge Petersen. On April 8th, Judge Petersen
authored a letter that went to Dade County HUD that described living conditions and some City
operated, mod rehab property in the Model Cities target communities. He provided a detailed
outline of the living conditions that individuals who were being vouchered by the City were
living under. The members of Community Development and Dade County HUD got together to
review the issues and the nature of our mod rehab contract. After the briefing with the judge, we
briefed Commissioner Teele, who, then, subsequently held a series of community meetings,
which, at one point, was attended by upwards of 200 individuals at one meeting. The residents
complained of significant deterioration in terms of the environment upon which they lived, both
in terms of the quality of life and in terms of structure of the building, the aesthetic of the
building; the crime in the immediate area, the lack of community supportive services; the lack of
green space for their children to play in, to the significant and abundance of crime and open drug
dealing in their community. For those of you who may not be aware, the City has a
contract ... and I think we provided you a little correspondence with some background in it. We
entered into a mod rehab program where the City was awarded thirty-three million dollars
($33,000,000) to operate 420 individual section eight units in the City of Miami in three areas.
The units in the Model Cities Community is 140 units that we do Section 8 vouchers to. The
primaries... are primarily under Mr. Martinez in Miami Limited II project. The apartments are
one bedroom, one bath and/or two bedroom, one bath. The square footage ranges from 400 to
700 square feet. The living conditions are extremely impacting. Again, the crime in the area is
significant and the living conditions leave a lot to be desired. The community again went to the
meetings, expressed their concern, not only about the quality of life for their children but the lack
of visibility of City resources to deal with the issues. Staff have gotten together. We've come up
with some short term intervention problems, issues, plans and we have some long term solutions.
Immediately, based on what we've been able to identify, we're looking at some short term
solutions that includes a hundred percent review of all of the Section 8 housing under the City's
authority, which would include the imple ...the rigorous implementation of our abatement policy,
which basically means we do an inspection. We notify the owner of the building that they have
60 days to bring the buildings into compliance. Any failure to do so, we would abate the
individual unit and/or if the building is out of code and is ... in particular, can be considered a
structural environmental health or safety risk, we would abate the whole apartment. What that
would mean for the individual residents living there, is that they no longer would be required to
live in that specific facility and would be eligible to take their section eight resources and find a
home owner open market. That is the agreement that we're trying to work out with Dade County
HUD. Additionally, what we're ... I've had an opportunity ... I need to back up. I've had an
opportunity to talk to the owner of the building to discuss not only the issues but a plan of action.
He is in full concurrence. He wants to assist us in addressing the problems. He's willing to make
a commitment to deal with the issues that are identified. So the first one would be, again, a
structural review and code review of the property. In the past, because of limitation of staff
resources, our inspections have been done at a minimal scale. We do annually or as individuals
move in or out of the property. General standards are that they be done quarterly, semi-annually,
on as -needed basis and annually. So, again, reduced staff resources else have allowed us again
to participate in these concerns. The other issue is the coordination of social service resources.
113 June 9, 1998
It is our intent to bring a temporary facility through either a mobile home facility and/or utilizing
vacant apartments at the facility to bring in City staffing in the area of social services, recreation,
jobs, training, summer programs. Again, recreational programs for the kids in the area. And the
long term goal obviously is to get a permanent City facility in that area, where we can coordinate
social services, City services, such as code enforcement. Again, our wages program,
employment training programs, police services, NET services and others. The long term
solution, I'm going to let the planning Department talk about. But again one of the issues that
we're looking at is immediately coming up with a way to clean up the facility, to make it livable
and because the several issues ... it is the structural, environmental issues at the property and it's
also the fact that the sizes of the families that are currently living at the property have changed
over the last 10 years. And these two bedrooms, one bath homes that are of maximum 700
square feet, you may have five individuals living there. They're too small. So even if the
building was in compliance, the density is too high, so it's also our plans to assess density versus
family size and to prioritize relocating some of the families of a larger size out. Again, working
in coordination with Dade County HUD. I guess at this point and time I'd like to invite some of
my partners from the Planning Department, the Police Department to talk again about their
concerns. Before I leave the mike, I'd like to say that one of the things that staff is going to be
proffering at a future meeting is that through a resolution, we put together a long term economic
development plan for this community and that we dedicate future resources to development of
affordable scattered housing. We did a very important program several years back. It was very
successful. We're recommending that in this community in the future, in addition some open
spaces for Parks and here's the Police Department.
Vice Chairman Plummer: You have a question?
Commissioner Sanchez: No. I'm just stunned. I just got a report, a Model City NET area report
from March 6th to May 31st there were 376 felony arrests and 526 misdemeanor arrests.
That's... that's a serious, serious crime in that area. That's for sure, I could tell you that much. I
do have some questions. One is the additional law enforcement that would be provided to that
area. I would ask you that it be in a way where it's community oriented policing, where they
would be either riding a bike or walking through the community, which is ... I believe is the future
of law enforcement on that and that's something that I would recommend to you.
Mr. Warshaw: I might add, Commissioner, that the hundred and sixty-eight police officers that
the City was recently awarded, this is for the stressed neighborhoods and there's going to be a
plan coming before you shortly with a commitment of officers to be hired under that grant to do
exactly that, ride bikes, be on foot, and be a highly visible presence and, at the same time,
working toward prevention initiatives.
Vice Chairman Plummer: Commissioner Gort, question.
Commissioner Gort: Commissioner Teele, before you came aboard, we ... this is a problem that
not only concerns the City of Miami but you've got the School System, the State and the County.
If you remember, Karen, we took a tour with one of the County Commissioners and a lot of the
problems that we had was dealing with property owned by the County also. Has any
follow-up ... and I remember the I idea of putting a trailer in the area and assist. Did that ever
come back or where did we end up on that one?
114 June 9, 1998
Ms. Warren: I believe, Commissioner, since that time we have been working underneath Weed
and Seed. The area was designated Weed and Seed. And under the Seed side, there's
approximately seventy-five social service oriented partners there. And we've been working from
that perspective. We don't ... did not bring in a mobile unit or anything of that sort. That's
something we want to bring into this phase.
Commissioner Gort: O.K.. Thank you.
Ms. Warren: You're welcome.
Vice Chairman Plummer: Do you have more presentations to make?
Mr. Warshaw: The Police and then a short presentation by the Planning Department.
Vice Chairman Plummer: O.K.. I'm just asking for procedure wise. Go ahead, sir
Mr. Gerald Darling: O.K.. Good afternoon. I'm Major Darling, the commander of the north
district, and prior to me assuming that position, Major Frank Christmas, who's here, was the
commander in the Model City north district area. The area is currently staffed by 43 police
officers, all three shifts. Five police sergeants and one lieutenant assigned permanently into the
area that we're questioning, a 1370 area. I have four police officers assigned permanently to that
area. From January 1st, 1998 to May 31 st, 1998, we've made 435 arrests in the King Heights
Orchard Villa area. From January 1st '98 to May 31 st, 1998 we've responded to citizens calls
from that location, 124 times. The POPS Unit, which is our undercover unit, has made 58 direct
arrests in the area and we're aggressively dealing with the problem that has been identified in that
area. The King Heights area, along with the Liberty Square Housing Projects and Northwest
15th Avenue business district was experiencing a vast amount of gun violence, drinking in public
and those kinds of things. What we did in order to try to improve the quality of life in that area
and cut down and abate some of the crime, we put in a zero tolerance operation, which we found
that the ... the types of activity was occurring from 1800 hours, which would be six o'clock until
two in the morning. So, we are aggressively enforcing the quality of life types of crime in that
area. The strategy consist of 12 officers, one sergeant and one lieutenant, who work and deal in
that area and they've been very successful in stopping the violent crime that was being
perpetuated in that area. From March 6th to May 31 st we've had, as the Commissioner stated,
376 felony arrests and 526 misdemeanor arrests. The level of shootings, homicides and
robberies have declined immensely. The last month we had no homicides. In April we had no
homicides in the area. The staffing strategy for the King Heights area is to put four officers
permanently assigned in that area seven days a week to deal with the crime and the issues. They
won't be a strictly enforcing minded operation, as the Commissioner stated. We want to do the
community relations, we want the officers to know the citizens, we want them to not have to
leave that area and deal with the problems and abate some of the crime that has been occurring
there. As the Manager ... the City Manager eluded, we are a distressed... we've had been identified
as a distressed neighborhood and in that, we will be getting the additional officers that will
definitely help in dealing with some of the problems in that area.
Vice Chairman Plummer: O.K.. Anybody else of your group want to make a hopefully brief
statement?
115 June 9, 1998
Mr. Clark Turner: Mr. Commissioner, Clark Turner, Chief of Community Planning, Department
of Planning and Development. I will be brief, Commissioner. And I ... to all Commissioners.
The long term goals or objectives that need to be achieved in this area, we propose to study in a
full blown economic and development plan that will be aimed at achieving three goals for the
area. One, to improve the general quality of the environment, which is, at best, bleak now, to
make it more livable neighborhood. Second, to seek ways to develop the business base of the
neighborhood, both to provide services to the residents and nearby citizens but also, importantly,
to increase employment opportunities in the area. Finally, to encourage the in -fill of all of the
vacant lots, which are the ones shown in yellow on the map in front of you, with scattered site
housing, that will help relieve the pressure on the housing that is now there and is overcrowded.
In order to do this, we're going to rely very heavily on CD (Community Development) funds and
we hope some economic development funds as well. We'll be doing major planning study.
We're going to look at the acquisition of lots for the scattered site and how we can overcome the
tax burdens that accompany many of those that have been foreclosed and seized by the
government. The provision of more park space and tot lots. Lots and lots of kids in that area.
The measures to encourage business development, a very thorough traffic circulation plan in
consideration of traffic calming measures in lieu of barricades. All of these are part and parcel
of what would be included in a long ... in a complete study of the area. We'll also be looking at
the consideration of down zoning some of the R3 areas to R2, to reduce densities. That's only a
very brief listing of the kinds of things that we would do in the plan.
Vice Chairman Plummer: Question.
Mr. Turner: Yes.
Vice Chairman Plummer: Have all of these people that are involved reduced to writing what
each and every one of you are doing?
Mr. Turner: Yes.
Vice Chairman Plummer: There is packet? O.K., fine. I think that would be not only good for
each of the Commissioners but I think members of the general public might benefit if you had
that in some kind of a book form. I mean, you can do it in a very simple form. It doesn't have to
be elaborate. But to let the people know what you're doing. I think that would be with
Commissioner Regalado, is to get together with him and show on Cable 9 some of these statistics
that you've shown here today, that people watching Cable 9 would have the opportunity to see
just exactly what we saw here, today.
Mr. Turner: I think it's a very excellent suggestion, Commissioner. And I think one of the very
first things that we would attempt to do in a very short period of time, four to six weeks, would
be to produce an initial report that would outline the problems, the issues, and the opportunities,
and the kinds of steps that can be taken to deal with them.
Vice Chairman Plummer: Commissioner Regalado? Commissioner Teele?
Commissioner Teele: Thank you, Mr. Chairman And to my colleagues. Let me first commend
the Manager and the management, in particularly, Planning, Community Development, police
and the NET office for an impressive planning effort. I don't think we ought to get on that line
yet because the last thing we need is what we've been doing for the last 15 years in this area.
116 June 9, 1998
And that is going in talking about what we're going to do until we've done anything. We haven't
done anything yet. This is the first step of what we call assembling everybody, getting
everybody together. You may recall this area as the area that we had barricades. And I think
Mr. Fair was recommending that we bring in the National Guard. This area was barricaded for
six months. We left the barricades and it's just like we left it before the barricades and after the
barricades. If we're not prepared to make some short term, midterm and long term plans and
implement those plans, then, we really ought to leave this alone. And everyone of those people
we've had meetings on two Saturdays at two o'clock three and four, temperature has always been
well in excess of 95 and Chief Warshaw will see there were over a hundred people at the last
meeting. Two hundred people. This is a serious issue. This is very serious issue. This is the
same area that was highlighted about a month ago by "The Miami Herald" as being where most
of the crime is in Dade County, most of the deaths are. They had this little spotlight. It overlaid
this area. Now, I realize that, you know, some of us are -- as Commissioners, we have these
heavy agendas but I don't think there's anything more important than dealing with the quality of
life for the citizens. The important thing, Commissioner Gort and my colleges, to understand
about this area and at the end of the day we need to go to home and realize ... this is a government
sponsored, government created area. There's no filthy, dirty, slum owner that did this. The
government, the City of Miami did this. We did this when Ms. Warren outlined some 10 years
ago. We concentrated in a very compact area, along with the County, some 300 or so children
and families in a very small area and what we're seeing is a by-product of the lack of community
resources and community support for this area. I am very excited about the way this City has
come together and the City staff, but I want to caution you, this is not a police action. This is not
about how many people can we arrest. This is really ... and I agree completely with what my
colleague, Commissioner Sanchez said, this is about how can we change and alter the way of life
but at the end of the day, I really want the public and my colleagues and the City to know that the
City of Miami created this through our contracts with the government to provide this type of
housing some 10 years ago. Every one of these units are out there under City of Miami or Dade
County contracts. And it's really going to be up to us to address the problems and I'm very
encouraged, Chief Warshaw, that we're moving forward and I'm very encouraged that the
Commission has given this amount of time to highlighting a very important problem. I should
note that Judge Petersen, in his capa City as a juvenile judge, perhaps brought this matter again
to our attention and I should also express our appreciation to Pastor Douglas Cook at Jordan
Grove Baptist Church, who has offered his church as a meeting place, where these community
leaders and the City have been able to meet. And I would only move the matter as an acceptance
of the report with a request that the Commission be kept informed. I should also commend
Mayor Carollo, who also physically walked the sites some two weeks ago and got a firsthand
appreciation, along with a lot of other people as to how difficult this is. And I would so move,
Mr. Chairman.
Vice Chairman Plummer: O.K.. Is there any
Mayor Carollo: Second.
Vice Chairman Plummer: Anything else that anybody has? Mr. Gort, you have any comments?
Commissioner Gort: Second the motion, sir. Commissioner Teele, this is one area we've all
looked at and we had a workshop Saturday where we had people from other cities come in and
tell us how we can work the problem, so we've had some in our neighborhoods. And one of the
117 June 9, 1998
strategies stated at that time is pick location. Pick the right location. Create a pilot program like
you are doing here, implement that program and if it's successful, this program implemented here
can be taken to other places and implemented the same way. When you look at the problem
there, some not as bad but this problem exists in other neighborhoods. So, I hope we will be
working with you very closely to be very successful. But Commissioner Teele, I think also we
should make sure the State, the County, and the School Board notice they have a responsibility
also and they should be a part of this group to work along with us. One of the biggest
problems...
Vice Chairman Plummer: Good luck.
Commissioner Gort: ... that we have a lot of time, if you look at this map here, right on 17th
Avenue, we can do whatever we want to but if they don't do anything across the street, which is
the County's jurisdiction, then, we've still got a problem.
Vice Chairman Plummer: That's right.
Commissioner Gort: The same as north of 63rd and so on. So, this will be an invitation to you
because whatever works here and I'm sure we can make it work, if we put it together, it can be
implemented in any other neighborhood in Dade County. Thank you.
Vice Chairman Plummer: O.K..
Commissioner Teele: Mr. Gort, on that issue though, you should know that, while we only
briefed on the City owned buildings, of the City -sponsored buildings on 61 st, the County has
almost as many in the same area as well.
Commissioner Gort: Sure.
Vice Chairman Plummer: O.K.. Do we need to clarify the motion? All in favor say aye? All
oppose?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
118 June 9, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-591
A MOTION TO ACCEPT REPORT PRESENTED BY THE CITY OF
MIAMI POLICE DEPARTMENT IN CONNECTION WITH CRIME
FIGHTING STRATEGY FOR AREA OF N.W. 16 STREET
BETWEEN N.W. 12 AND 15 AVENUES.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
41. CONTINUE PERSONAL APPEARANCE OF SAMUEL K. JOHNSON REGARDING
CHARLES HADLEY PARK AND ITS YOUTH PROGRAM FOR COMMISSION MEETING
OF JUKE 23, 1998 - PERSONAL APPEARANCE BY HERSCHEL HAYNES REQUESTING
ACTION REGARDING CONSTRUCTION OF SENIOR CITIZENS CENTER AT HADLEY
PARK, APPROVED BY RESOLUTION 95-549 (JULY 13, 1995) -- SEE LABEL 9.
Vice Chairman Plummer: Now, Chief ..I'm sorry. Mr. Manager, I want you to instruct the Chief
of Police that I want the same report for West Grove, O.K.. The next Commission meeting, on
July the 14th, the people of West Grove, I will tell you right off the bat, Commissioner Teele's
area is much worst. But Commissioner Gort and I ... the others, Chief, are drugs. Not necessarily
the housing, not necessarily the schooling, but drugs. And I'm telling you, the people of West
Grove are calling amazingly so in giving information. They are that fed up and I think we
need ... you need to capitalize on that information being given, O.K.? So, I'll expect a
presentation, not as in depth, because up there is, without a doubt, cries out. This one here, I'm
telling you, I would like a report given to this Commission on what you're doing on drugs in
West Grove. O.K..
Commissioner Gort: Commissioner, to follow that up, I think we have several days where we
had that problem. Must be given to all of the areas where we had those problems.
Vice Chairman Plummer: O.K.. We're going to move on now to appointments.
Commissioner Teele: Mr. Chairman?
119 June 9, 1998
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: There are some people here in the audience I know from Hadley Park, that
have come in...
Vice Chairman Plummer: Is this the item we deferred from this morning?
Commissioner Teele: You deferred the item with the understanding that the item would not be
brought up today and...
Vice Chairman Plummer: This is item six?
Commissioner Teele: Item ... I thought it was five.
Commissioner Regalado: No, it's item six.
Vice Chairman Plummer: Mr. Johnson?
Commissioner Teele: Item six.
Vice Chairman Plummer: Do you wish for them to be heard, sir?
Commissioner Teele: Well, the word has gotten out in different ways. We have all of the home
owners here who have come out, who...
Vice Chairman Plummer: Sir, what is your pleasure? Do you want it to be heard or you don't?
Commissioner Teele: I would prefer that it be heard but Mr. Johnson is not here, I don't think,
and it's his item. They're here in opposition or to clarify the position that Mr. Johnson is trying
to articulate. It may be good if we would just allow one representative of the home owners'
association since it's going to come back up next week, but that we've got about eight people...
Vice Chairman Plummer: Two weeks.
Commissioner Teele: In two weeks. From the home owners' assoc...
Vice Chairman Plummer: Would ... as requested by Commissioner Teele, would one of you like
to come up and make a two minute presentation?
Commissioner Teele: The presentation...
Vice Chairman Plummer:... fully understanding that the matter will be back before us in two
weeks? The reason it was deferred was, this morning Mr. Johnson and company were not here
and so that was the reason we deferred it until the next meeting.
Mr. Herschell Haynes: Mr. Herschel Haynes.
120 June 9, 1998
Vice Chairman Plummer: Sir, if you would like for two minutes, your name and mailing address
to start and you have two minutes, sir. This, by the way, is for item six. It's titled Mr. Samuel K.
Johnson to address City Commission concerning Charles Hadley Park and the youth program
that uses the park's facilities. Sir, you have two minutes.
Mr. Haynes: O.K.. My name is Herschel Haynes and I'm chairman of the Hadley Park
Homeowners' and Residents Association. I reside at 4601 Northwest 15th Avenue, zip 33142. I
would just like to convey the concerns of, you know, the citizens of my area and that would be
that I have a copy of the resolution for which was ... which was dated July 13, 1995. And we're
here to give due notice that we would like the Commissioners to move forward on the approved
resolution that was approved on July 13, 1995 and also ... I may also give thanks to the wisdom
and the vision of Mr .... or rather Commissioner Gort, I mean. I'm sorry. Vice Chairman
Plummer, who was then vice Mayor and also who had the vision to see the need and hear the
cries of the senior citizens of our community, that you promised them that at a public meeting
that if they would move forward on the Olympics complaints, that again they would be able to
come down and you would see that their cries would be heard. And, in doing so, you help to
forward their concerns into ... as it relates rather to the senior citizens building and so we just want
to have it be known that we want the project that was approved on July 13, 1995 to move
forward and we will be glad to come back at any time to readdress the issue.
Vice Chairman Plummer: All right, sir. Thank you. And we will be hearing this again on the
14th of...I'm sorry. On the 23rd of June. And it will be on the morning agenda. Commissioner
Teele, does that take care of it?
Commissioner Teele: Yes. Mr. Haynes, would the people that are here in support of the position
you've outlined, please stand just so that the Commission at least can acknowledge your presence
today and thank you all very much for coming.
Vice Chairman Plummer: Thank you for being here. O.K..
42. APPROVE DESIGNATING AS HISTORIC OVERTOWN PRIORITY BUSINESS
CORRIDOR FRONTAGE OF NORTHWEST 3 AVENUE FROM NORTHWEST 8 STREET
TO 14 STREET - DIRECT CITY MANAGER TO ESTABLISH PILOT PROGRAM TO
ENCOURAGE BUSINESS DEVELOPMENT IN AREA -- COMMISSIONERS FURTHER
COMMENT ON HIGH UNEMPLOYMENT RATE IN THIS AREA -- SEE LABEL 17.
Commissioner Teele: Mr. Chairman, I would move item number 15 at this time.
Vice Chairman Plummer: Hold on. I didn't know we missed one.
Commissioner Teele: We moved it to ... to the end of the agenda.
Vice Chairman Plummer: Item 15 is the frontage of 3rd Avenue from approximately 8th Street
to 14th Street as a business corridor. Is there anyone here to speak on item 15? I would assume
identifying three million dollars ($3,000,000) in coming back would have to come back before
the City Commission for approval as to where the money is coming from.
121 June 9, 1998
Commissioner Teele: Yes. But again, as we saw this morning, it's primarily for facade easement
kinds of activities that appear to be monies being spent everywhere but here but we'll take that up
later.
Vice Chairman Plummer: O.K.. Anybody ... you wish to speak on the issue, sir?
Mr. Charles J. Flowers: Yes, sir. Charles J. Flowers, Chairman of the Overtown Advisory
Board.
Vice Chairman Plummer: All right, sir.
Mr. Flowers: The Overtown Advisory Board, supports and wishes that the Commission will
back and support the resolution, number 15, for the business district as designed as stated in the
resolution.
Vice Chairman Plummer: Thank you, sir. Anyone else?
Commissioner Teele: By the way, there's an amended resolution. Did that ... I'm moving the
amended resolution. Mr. Clerk, did that get before everybody?
Vice Chairman Plummer: I don't know that I have an amended. Primarily, what is the
amendment?
Commissioner Teele: Would you brief on the amendments, please?
Vice Chairman Plummer: Nobody over here on this side of the aisle seems to know about an
amendment.
Commissioner Teele: Clark, I got the copy from you all. Where's the amendment?
Mr. Clark: I'll get it.
Commissioner Teele: The amendment essentially designates the name as the Historic Overtown
corridor. It extends the ... it extends the designation ... I have a copy of it here. I don't know why
everybody didn't get it. It came from the staff. Why don't we let everybody discuss it and, then,
we'll pass the amendments out.
Vice Chairman Plummer: All right.
Mr. Demas Jackson: My name is Demas Jackson. Owner of Jackson Restaurant Overtown and...
Vice Chairman Plummer: Located what address, sir?
Mr. Jackson: That will be 119...I mean, 990 Northwest 3rd Avenue. And what we are trying to
do is to beautify Overtown and make it look like Overtown. We have tried and we have been
trying and trying but we have not succeeded so much. We need a lot of business Overtown that
we do not have. And what we want to do is to try to renovate the building that we have and
122 June 9, 1998
straighten up the garbage and everything, so when people come through Overtown, it won't look
so bad.
Vice Chairman Plummer: Thank you, sir.
Commissioner Gort: Mr. Jackson.
Vice Chairman Plummer: Mr. Jackson, there's a question by Commissioner Gort.
Commissioner Gort: I was going to propose your business to be one of the first ones. I've had
several breakfast meetings in that area. You have a very good breakfast. You should have
announced and advertise a little bit. Maybe you get more people to come to you.
Vice Chairman Plummer: Didn't invite me for breakfast.
Commissioner Gort: They don't want you.
Commissioner Teele: You know that the executive board of DDA (Downtown Development
Authority) meets down there sometimes?
Commissioner Gort: Every once in a while we do that.
Vice Chairman Plummer: Anybody else wish to speak? My lord?
Mr. Donald F. Benjamin: Mr. Chairman, members of the Commission, my name is Donald F.
Benjamin. And I'm the Executive Director of the St. Johns Community Development
Corporation, at 1324 Northwest 3rd Avenue in Overtown. We are in the process of building
housing in Overtown. We've been, not only the ... not the ... we're not the only organization
building new housings. There are others. One of our main concerns has been, over a period of
time, that we're building new houses and new houses and new houses and there's no substantial
business corridor to support this new housing that we're putting in. There's no
convenience... there's no good convenience stores, no retail stores, no professional offices.
No ... it's just, as Mr. Jackson said, you know, waste. And we're very much pleased and impressed
with this motion, this resolution. We support it wholeheartedly and we look forward to the day
when that corridor will be designated and we can see some new businesses, not only revitalized,
but some new business coming in, new restaurants, like the Jacksons, and other things. So, we
support this wholeheartedly.
Vice Chairman Plummer: All right, sir. I thank you. Is there any ... yes, ma'am.
Ms. Jazz Irizarri: My name is Jazz Irizarri and I'm on the (inaudible) Advisory Board and we
support item 15. Due to the fact that 28 percent of the population in Overtown is unemployed
and this will bring in jobs to them.
Vice Chairman Plummer: Thank you, ma'am. Anybody else wishes to speak on the issue? All
right. Can you tell me, please, from the administration...
Mr. Hammond Noriega: Excuse me, sir.
123 June 9, 1998
Vice Chairman Plummer: Excuse me.
Mr. Noriega: I do.
Vice Chairman Plummer: Why were you standing there quiet?
Mr. Noriega: I was standing but not quiet.
Vice Chairman Plummer: Your name and address, sir.
Mr. Noriega: My mailing address is 300 Biscayne Boulevard Way. My name is Hammond
Noriega. I'm the liaison to the Overtown Advisory Board and I have been on there for nine
years. I just want to add that it's with difficulty that the community would accept any other plans
except some doable, implementable project that can yield jobs, to generate what it is we're trying
to achieve out there. And I came to endorse what you are proposing by my department.
Vice Chairman Plummer: Thank you, sir. Staff, can you briefly tell me what is the difference
between the resolution and the amendment, for the record?
Mr. Clark Turner: The amendment to the resolution, first of all, includes adding the words the
historic Overtown Priority Business Corridor instead of just Priority Business Corridor, adding
the words Historic Overtown. These are underlying stricken through in the copy that you have, I
think, in the rear of the package you just received. It also adds a provision that ... to include a
waiver of the required match of 30 percent on the facade improvement program. It emphasizes
the historic significance of the area. It changes the exact boundaries to the area to include the
section along Northwest 8th Street, between Northwest 3rd and 4th Avenues. And it adds the
Miami Capital Development, Inc. to the list of potential sources of funding for this effort and
also emphasizes again the potential for the area of historic assistance.
Vice Chairman Plummer: Excuse me. Outline for me, sir, where the potential sources of
funding are. I don't have that here.
Mr. Turner: That's under Section 3C.
Vice Chairman Plummer: Section 3C. Well, I think ... let's read that into the record just so
everybody knows what the potential.
Mr. Turner: Section 3C reads, assistance... this is under a general statement of implementing the
corridor program, included but not limited to the following and then is naming the assistance and
incentive programs by the City and the community redevelopment agency to encourage pilot
property owners to make improvement to their properties, including programs utilizing the City's
facade treatment program and allowing waiver of the 30 percent match requirement. Micro -loan
pilot business program; capital assistance through Miami Capital Development, Inc.; streets and
sidewalks, improvement programs; low interest loans; code compliance and designed assistance,
community development block grant assistance as may be available for an area of historic
significance and similar rehabilitation assistance.
124 June 9, 1998
Vice Chairman Plummer: Now, what do I say to someone from some other area of the City who
has to come up with 30 percent match?
Mr. Turner: Under the provisions that we would be looking at for the treatment of this particular
area, it would be a pilot program. And the nature of a pilot program is not only to rehabilitate
the area that it's concerned with but also to provide a demonstration of how that can be used in
similarly distressed areas elsewhere in the City.
Vice Chairman Plummer: And I want you to remember what you just said because I'm sure
you're going to be asked that question and you're going to have to answer it again in the future
just that way.
Commissioner Teele: Left me just say this. Also, 28 percent unemployment and I think ... you
know, if you understand what we're talking about here is a business development purpose for one
issue primarily, to create jobs in an area that has 28 percent unemployment. And I think the
unemployment criteria is what's going to make the federal government very excited about
putting grant money in here because what we wind up doing is, we put grant money on this
agenda today. The grant money went downtown. It's going to Bayfront. It's going everywhere
but where the unemployment is. And that's what we've got to begin to focus on.
Vice Chairman Plummer: Art, you know that and I know that. The people that are out there in
other areas are going to say hey, you gave it to one. Why aren't you giving it to the other. And
I'm saying ... put it on the record now so when that question is asked in the future, that the
unemployment was a main criteria, a pilot program and demonstration was another criteria, so
that the people know that this was a rare instance, not the norm.
Commissioner Teele: Yeah.
Vice Chairman Plummer: O.K.. Because they're going to ask that question.
Mr. Turner: Yes, sir.
Vice Chairman Plummer: O.K.. Anything else that we need to talk about? Any member ... I'm
sorry. I'm going to close the public hearing because I've given you all the opportunity, unless
somebody has a burning issue. O.K.. Mr. Teele?
Commissioner Teele: Commissioner, I want to move the item but I want to be very clear.
Vice Chairman Plummer: Sure.
Commissioner Teele: The unemployment in this area of Overtown is the highest in the entire
State of Florida. It is among the highest in the entire United States of America.
Vice Chairman Plummer: I wouldn't be a bit surprised.
Commissioner Teele: There is no census tracks in the State of Florida that has unemployment of
28 percent. The Dade County unemployment is about seven percent, O.K.. The City of Miami
unemployment is around eight percent. We have unemployment three times that and I would
125 June 9, 1998
also say this, for the record, most of the civil disturbances that have occurred in the 80's in this
community, occurred right in this area. Started right in this area.
Vice Chairman Plummer: Merlin's Liquors.
Commissioner Teele: And what we've got to begin to do is stop trying to just spread money all
over the City because we're not going to ever get enough money to spread. We've got to do what
Solomon did in the Old Testament and we've got to hold the baby up and get the baby to the
rightful mother. We've got to stop chopping this baby up in five ways and Reverend, I apologize
for using, without a license, using biblical analogies. Practicing -- preaching without a license.
But the fact of the matter is, the worst thing that I have observed since I've been Commissioner,
is this you getting yours, what about mine? If there is a problem with bilingual education, I don't
need that money in Germ City, in Liberty City. I need that money to go where it's needed. We
need, as a Commission, to really look to put the resources where they're needed and in that
regard, very little of the Community Development dollars go for business development. I am
always enthusiastic to support facade programs, even if they're in downtown, like we did today.
Or if they're in any other part of the City. But we have got to get more money into the business
development and the business expansion and so 1 would move this item.
Vice Chairman Plummer: Motion is to move. Is there a second.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Is there any further discussion?
Commissioner Gort: I think the discussion...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Commissioner Teele, I think you stated the guidelines and criteria that we
use for this program, 28 percent of unemployment. I think that, if you can compare that to other
neighborhoods when people come back and ask how come there's an exception, I think that's to
be the exception.
Vice Chairman Plummer: O.K.. All in favor say aye. Any opposition?
The Commission (Collectively): Aye.
126 June 9, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-592
A RESOLUTION DESIGNATING THE FRONTAGE OF N.W. 3RD
AVENUE FROM APPROXIMATELY N.W. 8TH STREET TO
APPROXIMATELY N.W. 14TH STREET AS THE HISTORIC
OVERTOWN PRIORITY BUSINESS CORRIDOR ("CORRIDOR")
FOR THE CITY OF MIAMI, FLORIDA; AUTHORIZING AND
DIRECTING THE WITH MANAGER, THROUGH THE
APPROPRIATE CITY DEPARTMENTS, TO WORK IN
CONJUNCTION WITH THE COMMUNITY REDEVELOPMENT
AGENCY TO CREATE AND ESTABLISH A PILOT PROGRAM FOR
SAID CORRIDOR, FOR ADOPTION BY THE CITY COMMISSION
AND CODIFICATION, TO INCLUDE: (1) FORMULATING
REGULATIONS THAT WILL ENCOURAGE BUSINESS
DEVELOPMENT AND DISCOURAGE NON -BUSINESS
DEVELOPMENT WITHIN THE CORRIDOR; (2) PROVIDING
INCENTIVES FOR THE UPGRADING OF STRUCTURES AND
FACADES WITHIN THE CORRIDOR THROUGH UTILIZATION OF
THE CITY'S (i) FACADE TREATMENT PROGRAM, INCLUDING A
WAIVER OF REQUIRED 30% MATCH, (ii) LOW INTEREST
LOANS, (III) CODE COMPLIANCE ASSISTANCE, AND (iv)
SIMILAR REHABILITATION ASSISTANCE; (3) IMPLEMENTING
AN ENTREPRENEURIAL JOB TRAINING AND DEVELOPMENT
PROGRAM SPECIFICALLY FOR THE CORRIDOR; AND (4)
STUDYING AND RECOMMENDING AN APPROPRIATE
MECHANISM FOR SELECTIVE ACQUISITION AND DISPOSITION
OF PROPERTIES THAT MAY BE NECESSARY TO ACHIEVE THE
INTENT AND GOALS OF THE CORRIDOR; FURTHER
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
IDENTIFY AT LEAST $3,000,000.00 OF REPROGRAMMED FUNDS
AND/OR FUTURE PROGRAM INCOME FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM; REPROGRAMMED
FUNDS FROM OTHER FEDERALLY FUNDED ACTIVITIES,
AND/OR OTHER LEGIBLE SOURCES FOR SAID PURPOSES,
SUBJECT TO THE APPROVAL OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
127 June 9, 1998
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
43. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY FINDING --
WAIVE COMPETITIVE BIDDING -- FOR PURCHASE OF TAYLOR TM-120 FORKLIFT FOR MARINE STADIUM MARINA -- FURTHER DISCUSS COST EFFECTIVENESS OF
PURCHASING VERSUS RENTING EQUIPMENT -- SEE LABEL 19.
Vice Chairman Plummer: I'm told, Mr. Manager, that 17... item 17 was to come back this
afternoon?
Mr. Warshaw: Yes, sir.
Vice Chairman Plummer: I think it was the Mayor who asked the question of the ... where is
Dipak?
Mr. Warshaw: It's the comparison of the lease versus the...
Vice Chairman Plummer: Lease versus the purchase.
Mr. Dipak: Yes, sir.
Vice Chairman Plummer: We're going to pay a quarter of a million dollars if we go the route
you suggested here when we were told that cost was 160 if we buy it outright.
Mr. Dipak: Right.
Vice Chairman Plummer: So?
Mr. Dipak: If we lease it, it's two hundred and fourteen thousand dollars ($214,000.00). If we
buy it now, it's a hundred and seventy-six thousand dollars (176,000.00). It would be a net
savings if we buy it right now at thirty-eight thousand dollars ($38,000.00).
Vice Chairman Plummer: Well, the question is, do we have the money to buy?
Mr. Dipak: We'll have to take it out from the budget reserve, which is estimated at 2.9.
128 June 9, 1998
Vice Chairman Plummer: Sir, my question is, do we have the money to buy? Yes or no?
Mr. Dipak: Yes.
Vice Chairman Plummer: Thank you.
Commissioner Gort: All right.
Vice Chairman Plummer: Is there...
Commissioner Gort: I've got a question.
Vice Chairman Plummer: Mr. Gort.
AT THIS POINT, MAYOR CAROLLO ENTERED THE COMMISSION MEETING
Mayor Carollo: So the position is...
Vice Chairman Plummer: Where did you come from? Your name, please.
Mayor Carollo: See, that's the problem.
Vice Chairman Plummer: O.K..
Mayor Carollo: That is a problem sometimes. Some people don't see me coming.
Vice Chairman Plummer: That's it. But they do see you leaving.
Commissioner Gort: I've got a question. I think this is an item that's been on there for quite a bit
now and it's coming back and forth. And the money was never there before.
Mr. Dipak: No. We had agreed that we would do a lease over a five-year period.
Commissioner Gort: Right.
Mr. Dipak: This kind of analysis was never undertaken when we decided that.
Vice Chairman Plummer: So what are you recommending?
Mr. Dipak: If we buy it, it's a hundred seventy-six thousand dollars ($176,000.00).
Vice Chairman Plummer: What are you recommending?
Mr. Dipak: Buy it.
Vice Chairman Plummer: Thank you, sir. Is there a motion?
129 June 9, 1998
Mayor Carollo: Well ... but, if we buy it it's a hundred seventy-six thousand (176,000), but if we
would lease, with the option to buy, it was going to be a lot more than what you're saying.
Mr. Dipak: Right. Two hundred and fourteen thousand (214,000).
Mayor Carollo: Two hundred ... how much?
Mr. Dipak: Fourteen.
Mayor Carollo: Two fourteen.
Mr. Dipak: Yes.
Mayor Carollo: Thirty-six times five is one eighty, plus 75.
Mr. Dipak: Yes.
Mayor Carollo: It would seem to me it's more than two hundred fourteen.
Vice Chairman Plummer: Got to be more like 250.
Mr. Dipak: The analysis that you have before you.
Mayor Carollo: Right.
Mr. Dipak: If you do it on a lease purchase, the cost over a five-year period is two hundred
fifty-eight thousand dollars (258,000.00).
Commissioner Gort: O.K..
Mr. Dipak: The present value of that money is...
Mayor Carollo: Present value.
Mr. Dipak: Is two hundred and fourteen thousand (214,000).
Mayor Carollo: O.K..
Mr. Dipak: If you compared that with the amount of money which we had to pay out right now,
including the maintenance, would be a hundred seventy-six thousand dollars ($176,000.00).
Mayor Carollo: Right.
Mr. Dipak: So the differential between those two at present value is thirty-eight thousand
(3 8,000).
Mayor Carollo: O.K.. So we come out ahead by...
130 June 9, 1998
Mr. Dipak: We would come out ahead.
Mayor Carollo: By thirty-eight thousand dollars ($38,000)?
Mr. Dipak: If we purchase it.
Mayor Carollo: If we purchase it.
Vice Chairman Plummer: I move it.
Commissioner Gort: Second it and, then, discussion.
Mayor Carollo: This is what we need to have done so that we could analyze this right a way.
Mr. Dipak: That is true, sir.
Mayor Carollo: Thank you.
Commissioner Gort: Discussion? Mr. Mayor?
Mayor Carollo: O.K.. There's a motion. There's a second.
Commissioner Gort: From now on, any time staff has this item, the rental versus buying, I'd like
to have this type of contract analysis done.
Mayor Carollo: You know, Commissioner, it shouldn't be just for that. It should be for
everything we deal with.
Commissioner Gort: Right.
Mayor Carollo: Including future Managers contracts, future City Attorney's contracts, future
City Clerk's contracts. There is the way that a corporation should be run. And if we hadn't asked
for this morning, we would have been leasing instead of buying something and it would have
been more expensive for the City to have done it that way. Thank you very much, Dipak
Commissioner Gort: I understand your point of view, Mr. Mayor, but I think it's very important
to understand also staff has been coming to me and every time I've gone over there to visit the
place, they told me they need the forklift but they can't afford to buy it. The money has never
been there before and my understanding ... I was told ... I was instructed, the only way to purchase
this is by doing these lease purchase agreements.
Mayor Carollo: Well...
Commissioner Gort: And I notice now how the money came up.
Mayor Carollo: In being fair to Christina, I understand what you said and I know that that's part
of the problems that she and her department have gone through also. The uncertainty of what
was being told to her and her people by the administration. I think you're fair in the statement
131 June 9, 1998
you've made for the record. There's been a motion. There's been a second to buy. Is there any
further discussion? Hearing none. All in favor signify by saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: Pass unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-593
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF EMERGENCY AND WAIVER OF
COMPETITIVE BIDDING PROCEDURES IN THE PROCUREMENT
OF A TAYLOR TM-120 FORKLIFT FROM KELLY TRACTOR
COMPANY FOR THE MARINE STADIUM MARINA, AT A
PURCHASE PRICE OF $157,998; FURTHER AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
EQUIPMENT; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO.402003.350508.840 FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
44. DEFER APPOINTMENT TO HEALTH FACILITIES AUTHORITY BOARD.
Mayor Carollo: What items do we have left, Commissioner?
Vice Chairman Plummer: Nothing, sir, except from items 30 on, which are the appointments.
Mayor Carollo: O.K.. Let's...
132 June 9, 1998
Vice Chairman Plummer: And pocket items.
Mayor Carollo: All right. Let's start with item 30. This one is an appointment by Commissioner
Teele. Commissioner Teele, do you have someone that you would like to nominate for item 30?
It's for the Health Facilities Authority Board.
Commissioner Teele: Temporarily pass.
Mayor Carollo: O.K.. We're passing number 30.
45. DEFER APPOINTMENTS TO AFFIRMATIVE ACTION ADVISORY BOARD.
Mayor Carollo: Item 31. We have Vice Chairman Plummer for appointment.
Vice Chairman Plummer: I pass.
Mayor Carollo: We have Commissioner Sanchez for one appointment and Commissioner
Regalado for one appointment.
Commissioner Sanchez: Defer my appointment to a later date.
Mayor Carollo: O.K.. How about you, Commissioner Regalado?
Commissioner Regalado: Mayor, I will be deferring that one.
Mayor Carollo: O.K..
46. DEFER APPOINTMENTS TO BAYFRONT PARK MANAGEMENT TRUST.
Mayor Carollo: Let's move on to 32, then. Commissioner Gort,
Commissioner Teele. They have an appointment with Bayfront Park Management Trust.
Vice Chairman Plummer: Mr. Gort and Mr. Teele, I would ask that those two gentlemen that
you have appointed pass. Be re -appointed. They have been excellent members.
Commissioner Teele: Absolutely. I so move.
Vice Chairman Plummer: Mr. Chairman, I so request.
Commissioner Teele: I so move.
Commissioner Gort: Move Ralph Duarte.
Mayor Carollo: It's been moved and second. All in favor signify by saying "aye".
133 June 9, 1998
The Commission (Collectively): Aye.
Mayor Carollo: It passes. O.K..
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-594
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
47. APPOINT GUY SANCHEZ AND STEVE KNEAPLER TO BUDGET AND
FINANCES REVIEW COMMITTEE.
Mayor Carollo: Thirty-three is the appointment for service members of the Budget and Finance
Review Committee.
Vice Chairman Plummer: I nominate Guy Sanchez.
Mayor Carollo: O.K.. Vice Chairman Plummer nominates Guy Sanchez.
Commissioner Gort: I nominate Steve Kneapler.
Mayor Carollo: Commissioner Gort nominates Steve Kneapler. And Commissioner Teele has
one.
Commissioner Teele: I would like to meet with Mr. Burkewitz but it would my intent to ... I'm
going to pass at this time.
Mayor Carollo: O.K.. Commissioner Teele is going to pass.
134 June 9, 1998
Vice Chairman Plummer: Move the names proffered be accepted.
Commissioner Gort: Second.
Mayor Carollo: Motion by Vice Chairman Plummer, second by Commissioner Gort for Guy
Sanchez and Steve Kneapler. All in favor signify by saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-595
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE BUDGET AND FINANCE REVIEW
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
48. RE -APPOINT ALBENA SUMNER AND MAUDE NEWBOLD TO AFFORDABLE
HOUSING ADVISORY COMMITTEE.
Mayor Carollo: We're on item 34 now. This is employment to the City of Miami affordable
Housing Advisory Committee. Commissioner Gort has one. Commissioner Teele has one and
there's two at large.
Commissioner Gort: I appoint Albena Summer.
Commissioner Teele: I appoint Maude Newbold.
Vice Chairman Plummer: Move the names proffered be accepted.
135 June 9, 1998
Commissioner Gort: Second.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Call the roll. All in favor say "aye".
The Commission (Collectively): Aye.
Mayor Carollo: Show unanimous.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-596
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITY OF MIAMI AFFORDABLE HOUSING ADVISORY
COMMITTEE FOR TERMS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
49. APPOINT GRADY MUHAMMAD; IRBY MCKNIGHT; MARIO GUTIERREZ;
MARIO PESTONIT TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD.
Vice Chairman Plummer: Thirty-five, Citywide Community Development Advisory Board. My
nominees are Mario Gutierrez and Mario Pestonit. Commissioner Gort.
Commissioner Gort: I'll hold on mine.
Vice Chairman Plummer: Commissioner Regalado?
Commissioner Regalado: Defer.
Vice Chairman Plummer: Commissioner Teele?
136 June 9, 1998
Commissioner Teele: Mr. Muhammad and Mr. McKnight.
Vice Chairman Plummer: The names proffered. Everyone in favor say "aye".
The Commission (Collectively): Aye.
Mayor Carollo: Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-597
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Plummer, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
50. RE -APPOINT SKY SMITH; TED STAHL; DOROTHY LEE TO COCONUT GROVE
STANDING FESTIVAL COMMITTEE.
Vice Chairman Plummer: Item 36, Coconut Grove Standing Festival Committee. My
appointment is Sky Smith. Mr. Gort?
Commissioner Gort: Ted Stahl.
Vice Chairman Plummer: Mr. Teele?
Commissioner Teele: Dorothy Lee.
Vice Chairman Plummer: All in favor say "aye".
The Commission (Collectively): Aye.
137 June 9, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-598
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE COCONUT GROVE STANDING
FESTIVAL COMMITTEE FOR TERMS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
51. DEFER APPOINTMENTS TO CODE ENFORCEMENT BOARD.
Vice Chairman Plummer: Code Enforcement Board. Mr. Teele?
Commissioner Teele: Code enforcement?
Vice Chairman Plummer: Code Enforcement, item 37.
Commissioner Teele: The appointment that I made previously didn't go to meetings, a conflict?
Vice Chairman Plummer: Let's see. Teele had one nomination. Jacques Despinosse was ... he
went to ITB.
Commissioner Teele: All right. Can I temporarily pass that one?
Vice Chairman Plummer: All right. There's two Commissioners at large seats. The vacant seats
are Deborah Valaywer and Rose Pujols. One resigned and one was absent. We'll continue those
over to the next meeting. And that is also that one there.
138 June 9, 1998
52. RE -APPOINT ALBERTO GONGORA; JULIAN LINARES; JACQUES DESPINOSSE;
DWAYNE WYNN TO INTERNATIONAL TRADE BOARD.
Vice Chairman Plummer: Thirty-eight is the International Trade Board. Mr. Gort, you have
three and Mr. Teele, you have three.
Commissioner Gort: I've got two for today, Alberto Gongora and Julian Linares.
Vice Chairman Plummer: Mr. Teele?
Commissioner Teele: Jacques Despinosse, Dwayne Wynn, and temporarily pass one.
Vice Chairman Plummer: Names proffered be accepted. All in favor say "aye".
The Commission (Collectively): Aye.
Mayor Carollo: All oppose? Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-599
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE INTERNATIONAL TRADE BOARD
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
139 June 9, 1998
53. RE -APPOINT MARIA DEL CARMEN CASTELLANOS; DAVID CABARROCAS;
TESSI GARCIA SMITH TO LATIN QUARTER REVIEW BOARD.
Vice Chairman Plummer: Latin Quarter Review Board. I'll pass. Mr. Gort?
Commissioner Gort: Manuel Castellanos and David Cabarrocas.
Vice Chairman Plummer: Mr. Teele?
Commissioner Teele: Tessy Garcia -Smith.
Vice Chairman Plummer: You pass?
Commissioner Teele: Pass on the second.
Vice Chairman Plummer: O.K.. All in favor of the names proffered, say "aye".
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? None.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-600
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE LATIN QUARTER REVIEW
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
140 June 9, 1998
54. DEFER APPOINTMENTS TO AUDIT ADVISORY COMMITTEE.
Vice Chairman Plummer: Audit Advisory Board. Commissioner of District 3. That's...
Commissioner Sanchez: Defer by appointment until a later date.
Vice Chairman Plummer: All right. Regalado?
Commissioner Regalado: Defer.
Mayor Carollo: Commissioner Teele?
Commissioner Teele: Defer.
55. RE -APPOINT NAMES PROFERRED TO WATERFRONT ADVISORY BOARD.
Mayor Carollo: Item 41. Waterfront Advisory Board. I have only one at this time and that's
Dario Pedraja. Mr. Gort, you have two.
Commissioner Gort: At this time I nominate Jose Comas.
Vice Chairman Plummer: And reserve one?
Commissioner Gort: Reserve one.
Vice Chairman Plummer: Trooper Joe?
Commissioner Sanchez: I have two at this time. Paul George and Roberto Parente.
Vice Chairman Plummer: Mr. Regalado, you have one?
Commissioner Regalado: Vivian Guzman.
Mayor Carollo: Mr. Teele, you have two.
Commissioner Teele: James Wellington. Pass on one.
Vice Chairman Plummer: All names proffered be accepted, all in favor say "aye".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All oppose?
141 June 9, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-601
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE WATERFRONT ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
56. RE -APPOINT CAROLYNE COPE AND PLACIDO DAMESA TO MIAMI STREET
CODESIGNATION REVIEW COMMITTEE.
Vice Chairman Plummer: Street Codesignation. My appointment is Carolyn Cope. Mr. Gort,
you have one.
Commissioner Gort: Placido Damesa.
Vice Chairman Plummer: Joe, you have one.
Commissioner Sanchez: Defer until a later date.
Vice Chairman Plummer: And Teele, you have one. Item 42.
Commissioner Teele: Pass.
Vice Chairman Plummer: All names proffered be accepted, say "aye". O.K..
Commissioner Gort: Second and none.
The Commission (Collectively): Aye.
142 June 9, 1998
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-602
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE MIAMI STREET CODESIGNATION
REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
57. RE -APPOINT CAROLYNE COPE; GUILLERMO REVUELTA; JAMES MOSS TO
NUISANCE ABATEMENT BOARD.
Vice Chairman Plummer: Forty-three, Nuisance Abatement Board. My appointment is also
Carolyn Cope. Mr. Gort, you have one.
Commissioner Gort: Guillermo Revielta.
Vice Chairman Plummer: Mr. Teele, you have one.
Commissioner Teele: James Moss.
Vice Chairman Plummer: Names accepted... names to be accepted. All in favor say "aye".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All right.
143 June 9, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-603
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD
FOR TERMS AS DEISGNATEDHEREIN.
(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 Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
58. DEFER APPOINTMENTS TO PLANNING ADVISORY BOARD -- DIRECT CITY
CLERK TO RE -ADVERTISE.
Vice chairman Plummer: Planning Advisory Board, PAB. I'll skip on mine. Mr. Gort?
Commissioner Gort: Orlando Garcia, Jr.
Vice Chairman Plummer: Commissioner Teele, you have two.
Commissioner Teele: I ask that the notice of advertisement be extended.
Mr. Foeman: Excuse me?
Vice Chairman Plummer: All right. I would assume that notification in advertising would also
go for the new Commissioner?
Mr. Foeman: Yes, we could extend it to that. But as far as Orlando Garcia, we don't have and
application on file from him. We haven't received it...
Vice Chairman Plummer: So, then you ought to re -advertise on that one also. O.K.. Mr. Clerk,
you will advise the new Commissioner on those that have to be advertised so he can get you the
names.
Mr. Foeman: Yes, I will.
144 June 9, 1998
Vice Chairman Plummer: Thank you, sir. Forty-four, that is being proffered over. All right.
59. APPOINT MORENO HABIF AND RUBEN OLIVA TO PROPERTY AND ASSET
REVIEW COMMITTEE.
Vice Chairman Plummer: Property and Asset Review. My nomination is Moreno Habi£ Mr.
Gort?
Commissioner Gort: Ruben Oliva.
Vice Chairman Plummer: Mr. Teele?
Commissioner Teele: Temporarily pass.
Vice Chairman Plummer: Motion made to accept the names proffered. All in favor say "aye"?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Oppose`? Showing it unanimous.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-604
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE PROPERTY AND ASSET REVIEW
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
145 June 9, 1998
60. DEFER APPOINTMENTS TO ZONING BOARD -- DIRECT CITY CLERK TO RE -
ADVERTISE.
Vice Chairman Plummer: Zoning board. I'll pass on mine. Joe, do you have yours?
Commissioner Sanchez: I'm going to pass on mine.
Vice Chairman Plummer: All right. Mr. Teele?
Commissioner Teele: I'm going to pass.
Vice Chairman Plummer: All three pass.
Vice Chairman Plummer: Item 47.
Mayor Carollo: Excuse me, If I may. Mr. Clerk, for the new Commissioner that we have, can
you make sure that you open up the applications again for the Zoning Board and some of the
boards that you do have to re -advertise and having a time set for people bringing applications?
Mr. Foeman: Yes, Mr. Mayor. I was directed to go back out and re -advertise for those two
boards.
Mayor Carollo: Good. Thank you.
61. DEFER APPOINTMENTS TO UNITY COUNCIL OF MIAMI.
Vice Chairman Plummer: Forty-seven. Unity Council of Miami. Plummer will pass.
Commissioner Teele? Commissioner Teele?
Commissioner Teele: Pass.
62. DEFER APPOINTMENTS TO URBAN DEVELOPMENT REVIEW BOARD.
Vice Chairman Plummer: On Item 48. I will pass on my two. The Urban Development Review.
Commissioner Teele: Pass on mine.
Vice Chairman Plummer: All right. That concludes all of the agenda for the day. We will now
take pocket items. Mr. Mayor, I, unfortunately, have a slew that are ... I'm certain that I have to
do.
Mayor Carollo: You can start if you like, Commissioner.
Vice Chairman Plummer: It's going to take about five minutes but I'll do them as quickly as
possible.
146 June 9, 1998
Mayor Carollo: Go ahead, Commissioner
63. APPROVE EMERGENCY ORDINANCE: AMEND SECTION IV OF ORDINANCE
11623 -- ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT (BAYFRONT PARK
IMPROVEMENTS PROJECT, 331401) -- APPROPRIATE FUNDS FOR SAID PROJECT
FROM IMPACT FEES.
Vice Chairman Plummer: The first one, Emergency Ordinance Section IV of the ordinance
number 11623.2498. The capital appropriation of ordinance; thereby establishing a new capital
premiere project entitled Bayfront Park Improvements, project number 331401, to begin during
fiscal year `97-'98; appropriating funds for set project; containing a repealer provision and
severability clause; provide continuing effective date. I so move.
Commissioner Gort: Second.
Mayor Carollo: It's an ordinance that was moved by Vice Chairman Plummer. Second by
Commissioner Gort. Well, Mr. Goenaga, go ahead.
Mr. Goenaga: My name is Manuel Gonzalez-Goenaga. I don't know what it is about. I have not
been properly notified. This is an ordinance. I think that we should ... this is a government of the
people and for the people, not for Mr...
Vice Chairman Plummer: For the purpose ... Mr. Mayor, for the purpose of Mr. Goenaga, this is a
transfer of the funds from the CDBG (Community Development Block Grant)over to the impact
fees and that's all that it does. O.K..
Mr. Goenaga: Well, just for the future, ordinances should not be pocket items, you know.
Vice Chairman Plummer: The rest of them, I think, are resolutions.
Mr. Goenaga: Pocket is for the pockets.
Vice Chairman Plummer: O.K., fine. Call the roll, please, Mr. Mayor?
Mayor Carollo: Call the roll, Mr. Clerk.
Commissioner Teele: Discussion.
Vice Chairman Plummer: Discussion.
Mayor Carollo: Discussion.
Commissioner Teele: How much of this is CDBG money?
Vice Chairman Plummer: Nothing. Christina, you heard the question he's asking. How much of
this is CDBG? None of it is. We've transferred it out of CDBG as you requested, sir, and put it
over into the impact fee side. That's really what this ordinance does.
147 June 9, 1998
Commissioner Teele: And the impact fees are generated from what part of the City?
Vice Chairman Plummer: Christina. Dipak. The question is, of what area of the City are impact
fees generated?
Mr. Dipak: This particular one is for downtown.
Vice Chairman Plummer: For downtown, sir. Commissioner, I might remind you that this is
something that came before the Commission some time ago in which the monies were promised
from the St. Hugh Oaks and those monies...
Commissioner Teele: Oh, this is the same thing?
Vice Chairman Plummer: That's the same thing, sir. And this thing has been pushed around in
three different areas. Were out with the RFP (Request for Proposal). We're ready to go to
construction and we've got to get this money transferred.
Commissioner Teele: Well, I just wish that the City staff would work with the Commission so
that these items don't ... I mean, it looks ... it looks almost like, you know, this is the third round on
this money.
Vice Chairman Plummer: It is. It is the third round, sir.
Commissioner Teele: But it's the same dollar?
Vice Chairman Plummer: It's the same dollar.
Commissioner Teele: All right.
Vice Chairman Plummer: I'm sorry. I mean, that's ... O.K., the next resolution authorizes the City
Manager to allocate funds...
Mr. Foeman: Excuse me. We need a roll call.
Commissioner Teele: You want a vote on that?
Vice Chairman Plummer: I'm sorry.
Mayor Carollo: He's got to call the roll.
Vice Chairman Plummer: Trying to make it as quickly as possible.
148 June 9, 1998
An Ordinance Entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION IV OF
ORDINANCE NO. 11623, ADOPTED MARCH 24, 1998, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE,
THEREBY ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT ENTITLED: " BAYFRONT PARK IMPROVEMENTS",
PROJECT NO. 331401, TO BEGIN DURING FISCAL YEAR 1997-98;
APPROPRIATING FUNDS FOR SAID PROJECT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Chairman Plummer and seconded by
Commissioner Gort, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11665
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
149 June 9, 1998
64. AUTHORIZE CITY MANAGER TO ALLOCATE $1,000,000.00 ($540,000.00 FROM
IMPACT FEES AND $460,000.00 OF INTEREST ON IMPACT FEES ACCOUNT) TO
BAYFRONT PARK IMPROVEMENTS PROJECT 331401.
Vice Chairman Plummer: A resolution authorizing City Manager to allocate funds from the
impact fees in the amount of five hundred and forty thousand (540,000) and the interest on
impact fees account in amount of four hundred and sixty thousand (460,000), with the Capital
Improvement Project entitled Bayfront Park Improvements, project number 331401, for a total
allocation of one million for said project. This actually transfers the money from the impact
fees. I so move.
Mayor Carollo: It's a motion. Is there a second?
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. It's a resolution, correct, Commissioner?
Vice Chairman Plummer: Yes, sir.
Mayor Carollo: All in favor signify by saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-605
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ALLOCATE FUNDS FROM THE IMPACT FEES ACCOUNT, IN AN
AMOUNT OF $540,000 AND THE INTEREST ON IMPACT FEES
ACCOUNT, IN AN AMOUNT OF $460,000, TO THE CAPITAL
IMPROVEMENT PROJECT ENTITLED " BAYFRONT PARK
IMPROVEMENTS, PROJECT NO. 331401", FOR A TOTAL
ALLOCATION OF $1,000,000 FOR SAID PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
150 June 9, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
65. AMEND RESOLUTION 98-546 -- DELETE SECTION 2 DIRECTING MANAGER TO
DISBURSE $700,000.00 TO BAYFRONT PARK MANAGEMENT TRUST -- FOR CAPITAL
IMPROVEMENTS AT MILDRED AND CLAUDE PEPPER BAYFRONT PARK.
Vice Chairman Plummer: A resolution amending resolution number 98-546, adopted May 26,
'98, to delete Section 2 of said resolution, which section directs the City Manager to disperse the
funds to the Bayfront Park Management Trust in the amount of seven hundred thousand
(700,000), previously approved for the Capital Improvement Projects at Mildred and Claude
Pepper Bayfront Park. I so move.
Mayor Carollo: There's a motion.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Is there any further discussion? All in favor
signify by saying "aye".
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-606
A RESOLUTION AMENDING RESOLUTION NO. 98-546,
ADOPTED MAY 26, 1998, TO DELETE SECTION 2 OF SAID
RESOLUTION, WHICH SECTION DIRECTED THE CITY
MANAGER TO DISBURSE FUNDS TO THE BAYFRONT PARK
MANAGEMENT TRUST, IN THE AMOUNT OF $700,000
PREVIOUSLY APPROVED FOR CAPITAL IMPROVEMENT
PROJECTS AT THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
151 June 9, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
66. AMEND RESOLUTIONS 98-404 AND 98-465 -- DELETE SECTION 4 OF EACH
RESOLUTION WHICH REALLOCATED FUNDS FROM IMPACT FEES AND
COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUND TO BAYFRONT
PARK IMPROVEMENT PROJECTS.
Vice Chairman Plummer: Resolution amending resolution number 98-404 adopted April 14th,
1998 and May 12th, '98, respectfully to delete section 4 of resolution, which section reallocated
funds from the impact fees and the Community Development Block Grant Contingency Fund to
the Bayfront Park. It's deleting those monies. I so move.
Commissioner Gort: Second.
Mayor Carollo: It's a motion by Vice Chairman Plummer. Second by Commissioner Gort. Is
there any further discussion? Hearing none, all in favor signify by saying "aye".
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-607
A RESOLUTION AMENDING RESOLUTION NOS. 98-404 AND 98-
465, ADOPTED APRIL 14, 1998 AND MAY 12, 1998
RESPECTFULLY, TO DELETE SECTION 4 OF EACH
RESOLUTION, WHICH SECTIONS REALLOCATED FUNDS FROM
IMPACT FEES AND THE COMMUNITY DEVELOPMENT BLOCK
GRANT CONTINGENCY FUND TO BAYFRONT PARK
IMPROVEMENT PROJECTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
152 June 9, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
67. AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO ISSUE REQUEST
FOR PROPOSAL -- FOR CORPORATE SPONSORSHIP AT MILDRED AND CLAUDE
PEPPER BAYFRONT PARK.
Vice Chairman Plummer: A resolution with the attachment authorizing the Bayfront Park
Management Trust to issue a request for proposals in substantially the attached form, for
corporate sponsorship of the amphitheater at Mildred and Claude Pepper Park.
Commissioner Gort: Moved.
Vice Chairman Plummer: To my colleagues... thank you. To my colleges, what this is, as you
know, AT&T has notified us of their long five year standing with the park, that they will be
discontinuing that sponsorship as of October 1. This gives us the right to go back out and find,
hopefully, a sponsor to come in and be a primary sponsor and I so move, Mr. Mayor.
Mayor Carollo: It's a motion by Vice Chairman Plummer.
Commissioner Sanchez: Second.
Mayor Carollo: Second by Commissioner Sanchez. All in favor signify by saying "aye".
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-608
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
BAYFRONT PARK MANAGEMENT TRUST (THE "TRUST") TO
ISSUE A REQUEST FOR PROPOSALS, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR CORPORATE SPONSORSHIP OF THE
AMPHITHEATER AT MILDRED AND CLAUDE PEPPER
BAYFRONT PARK.
153 June 9, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
68. AUTHORIZE BAYFRONT MANAGEMENT TRUST TO NEGOTIATE
SPONSORSHIPS / ISSUE CONCESSION PERMITS / RECEIVE REVENUES DERIVED
REVENUES ON BEHALF OF CITY SUBJECT TO CONDITIONS -- FOR 11TH ANNUAL
AMERICA'S BIRTHDAY BASH SCHEDULED FOR JULY 4, 1998, AT MILDRED AND
CLAUDE PEPPER BAYFRONT PARK.
Vice Chairman Plummer: Resolution related to the I Ith Annual American Birthday Bash to be
conducted by the Bayfront Park Management Trust (the Trust) on the 4th of July at Mildred and
Claude Pepper Bayfront Park, establishing an area prohibited to retail peddlers. During the
period of the event, authorizing the Trust to negotiate sponsorships issue a construction
permit ... I'm sorry, concession permit, receive all revenues derived from the concession activities,
perform all other appropriate functions on behalf of the City for said event, subject to the
contingent upon the Trust compliance for such conditions and limitations as may be prescribed
by the City of Miami, including obtaining insurance to protect the City in an amount and form as
prescribed by the City Manager and his designee. I so move.
Mayor Carollo: Moved by Vice Chairman Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye".
The Commission (Collectively): Aye.
154 June 9, 1998
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-609
A RESOLUTION RELATED TO THE IITH ANNUAL AMERICA'S
BIRTHDAY BASH TO BE CONDUCTED BY THE BAYFRONT
PARK MANAGEMENT TRUST (THE "TRUST") ON JULY 4, 1998,
AT THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK;
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF THE EVENT; AUTHORIZING THE
TRUST TO NEGOTIATE SPONSORSHIPS, ISSUE CONCESSION
PERMITS, RECEIVE ALL REVENUES DERIVED FROM THE
CONCESSION ACTIVITIES, AND PERFORM ALL OTHER
APPROPRIATE FUNCTIONS ON BEHALF OF THE CITY FOR
SAID EVENT, SUBJECT TO AND CONTINGENT UPON THE
TRUST'S COMPLIANCE WITH SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF
MIAMI, INCLUDING OBTAINING INSURANCE TO PROTECT
THE CITY IN AN AMOUNT AND FORM AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
69. AUTHORIZE CITY MANAGER TO EXECUTE ADDENDUM TO AGREEMENT
BETWEEN CITY AND BAYFRONT PARK MANAGEMENT TRUST, AND BAYFRONT
VENTURES -- FOR INSTALLATION OF ELECTRICAL METER AT DOCKS OF MILDRED
AND CLAUDE PEPPER BAYFRONT PARK.
Vice Chairman Plummer: Thank God, the last one. A resolution authorizing the City Manager
to execute an amendment... addendum to the existing use agreement in a form acceptable to the
City Attorney between the City of Miami Bayfront Park Management Trust and the Bayfront
ventures at limited partnership, to provide for the installation of an electric meters at Venture's
expenses to measure Ventures' electrical consumption for its facility located at the docks on
155 June 9, 1998
Mildred and Claude Pepper. And for your edification, hopefully, the gaming boat will be in
around the middle of August. I so move.
Commissioner Sanchez: Second.
Mayor Carollo: Motion moved by Vice Chairman Plummer. Second by Commissioner Sanchez.
Vice Chairman Plummer: I thank you and I thank my colleagues to get all this done. We were
just under the gun for time.
Mayor Carollo: Thank you. All in favor signify by saying "aye".
The Commission (Collectively): Aye.
Mayor Carollo: This passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-610
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ADDENDUM TO AN EXISTING USE AGREEMENT
("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND BAYFRONT
PARK MANAGEMENT TRUST (THE "TRUST"), AND BAYFRONT
VENTURES, A LIMITED PARTNERSHIP ("VENTURES"), TO
PROVIDE FOR THE INSTALLATION OF AN ELECTRICAL
METER, AT VENTURES' EXPENSE, TO MEASURE VENTURES'
ELECTRICAL CONSUMPTION FOR ITS FACILITY LOCATED AT
THE DOCKS OF THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mayor Carollo: Any further pocket items, Mr. Gort?
156 June 9, 1998
Commissioner Gort: I don't have any.
Mayor Carollo: Commissioner Sanchez?
Commissioner Sanchez: Negative.
Commissioner Teele: I yield to Commissioner Regalado.
Mayor Carollo: Commissioner Regalado.
70. DISCUSS / DEFER PROPOSED EMERGENCY ORDINANCE (AMEND CODE
SECTION 2-37 TO CLARIFY SECTION 4(G)(6) OF CHARTER RELATING TO EFFECTIVE
DATE FOR REMOVAL OF CITY MANAGER BY THE MAYOR) TO COMMISSION
MEETING OF JUNE 23, 1998, NO SOONER THAN 5 P.M. -- FURTHER COMMENTS
REGARDING TIME FRAME FOR CITY COMMISSIONERS TO VOTE ON REMOVAL OF
JOSE GARCIA-PEDROSA.
Commissioner Regalado: I have one, Mr. Mayor. It's an emergency ordinance amending
Chapter 2, Article 2 of the Code of the City of Miami, Florida as amended, entitled
Administration Mayor and City Commission, by adding language to clarify section 4 GC of the
Charter of the City of Miami, Florida, as amended, as it relates to the time when the removal of
the City Manager by the Mayor will take effect. More particularly, by adding new section 2-37
to same Code, containing a repealer provision... another clause and providing for an effective date
and all the members of the Commission and you, Mr. Mayor, I think, were given by the City
Attorney this emergency ordinance. It's my motion to bring this to the Board.
Mayor Carollo: Mr. City Attorney, when was this information faxed to the respective members
of this Commission and to my office?
Mr. Vilarello: The ordinance was faxed late last evening. Yesterday evening.
Mayor Carollo: Late last evening.
Mr. Vilarello: Yes.
Mayor Carollo: Here we go again with the evening stuff. Does anyone here know any other
time, if not in the City's history, at least in the last couple of decades, when the opinion of two
City attorneys, Mr. Joel Maxwell had served as the acting City Attorney, and now the present
City Attorney. Does anyone here know of any other time anyone recollect any other time where
an opinion of the City Attorney has been overruled by this body? J.L., you've been here for 28
years.
Vice Chairman Plummer: Sir, I don't recall right off the bat that the City Commission has ever
overruled the City Attorney. I know there's many times we've differed with the City Attorney,
but I can tell you that I've never voted against the ruling simply because of the statute that says
that if I differ and a City Attorney, that I'm certainly liable for any action taken against me. And
157 June 9, 1998
you bet your bippy, I don't argue with that one. To answer your question, no, I do not recall.
Maybe somebody else might but I don't recall.
Mayor Carollo: This is one Commissioner that's been here for 28 years.
Vice Chairman Plummer: More or less.
Mayor Carollo: More or less. Is there anyone here that's been here longer, any significant
amount of time, that can remember that ever happening before this body? If there is, have two
mikes here. Please come up.
Vice Chairman Plummer: You had to open it up, right.
Mr. Goenaga: I have been here 15 years but it looks more than 28 years. Seems more than that,
than the 15 years.
Mayor Carollo: You don't remember any time?
Mr. Goenaga: Today.
Mayor Carollo: Well ... If I may, Commissioner Regalado, why is the Mayor the only one that's
being singled out in this change? I mean, why do you want to take punitive actions against the
Mayor? You haven't even included the Commission here.
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: The Commission, by a four -fifth vote, can remove a Manager also.
Commissioner Regalado: This is, Mr. Mayor...
Mayor Carollo: Is this only against the Mayor, Mr. Regalado?
Commissioner Regalado: No, Mayor, this is not about...
Mayor Carollo: Well, this is what this ordinance that someone gave you to present states.
Commissioner Regalado: No, no. The City Attorney studied that and I consulted with him
yesterday and he concluded that this ordinance, in any way, takes away powers from the Mayor.
If it would have taken power from the Mayor, he would not have issued or write this ordinance.
That's what the ... exactly the City Attorney told me. That this ordinance did not take away any, at
all, powers from the Mayor of the City of Miami and the purpose of this is not to single out
anybody, Mr. Mayor. Just to have a ... sort of a transition from the new person to the old person,
from the new Manager to the ... so he can or she can work with the person that's leaving and the
business of the City being done at the same time, so it is not the intent. And I asked specifically
that to the City Attorney. It is not the intent of taking powers at all from the Mayor.
Mayor Carollo: The interpretation that you just made as to the Charter being sound, you have
two other City Attorneys that have given legal opinions as to what they feel clearly the Charter
158 June 9, 1998
states, at least in their mind. It's not signed but ... let me go to the City Attorney. Mr. City
Attorney, in my right...
Commissioner Teele: Excuse me, Mr. Mayor.
Mayor Carollo: Mr. Teele, you will have your opportunity to speak.
Commissioner Teele: Well, I ... I'm ... that's not the question. I don't want to speak. I just want to
know who's presiding.
Mayor Carollo: Well, I'm presiding right now, so I could ask some questions for information,
Mr. Teele. Now, if you don't want me to speak...
Commissioner Teele: Mr. Mayor, you can speak. I'm not going to try at all to limit your rights
but I don't want you, as the Mayor, to limit and chill the Commissions rights to speak.
Mayor Carollo: I ... Commissioner Teele, if there has ever been a Mayor that has given everyone
ample time, as much time as they want to speak, it's been this Mayor, and including people, like
Mr. Goenaga and many others, can attest to that. I have given everyone ample opportunity to
speak in this body. All that I'm requesting is that you do the same for me so I could ask
questions of the City Manager.
Commissioner Teele: But, Mr. Mayor...
Mayor Carollo: The City Attorney.
Commissioner Teele: But, Mr. Mayor, I'm not prepared to do that until we clarify who's chairing
the meeting. When I was elected, I read the ordinances and the Charter. The Charter is very
clear...
Mayor Carollo: Mr. Teele...
Commissioner Teele: Mr. Mayor...
Mayor Carollo: Mr. Teele, I can ask questions of the City Attorney.
Commissioner Teele: I don't want you to brow -beat my
colleagues.
Mayor Carollo: Mr. Teele, if anybody has ever brow-beated colleagues, it's been yourself. I've
heard you call your colleagues cowards. They have courage here.
Commissioner Teele: On the only ... only on the...
Mayor Carollo: No, no, no.
Commissioner Teele: Only on the fire tax.
159 June 9, 1998
Mayor Carollo: No, Mr. Teele.
Commissioner Teele: Only on the fire tax.
Mayor Carollo: No, Mr. Teele. Just about every meeting, since you've been here, you've been
brow -beating your colleagues, and now, Mr. Teele, you're going to say that I'm brow beating my
colleagues? Mr. City Attorney, for the point of clarification, this ordinances that has been
written here, as I'm reading here, is only stating ... let me read it. I need your guidance. I think it's
only fair and proper for the Commission to have your guidance and for the public to also
understand this. This has not been advertised. Like you said, this was sent out at night and I
don't think government should be run with ordinance created in the middle of the night, pocket
items coming up out of nowhere on very serious matters of this City government, like had it been
more than four months that I was away. But if I may read this. It says, whereas the Charter
provisions regarding the permanent removal of the City Manager by the Mayor allows for the
City Commission to override the Mayor's decision within 10 days, intend to provide, etcetera,
etcetera, etcetera." Now, isn't this part of the Charter that was recently approved by the voters?
The new Charter provisions that were approved talks about both the Mayor and the Commission
having the right to be able to remove a City Manager. The Mayor has the right to terminate
removal and so does the Commission by a four -fifth vote. Is that correct?
Mr. Vilarello: Yes, by both the Mayor and the Commission have the right to remove the
Manager.
Mayor Carollo: O.K.. Now, this ordinance here ... and I'd like for you to clarify this, since I
barely have had the opportunity to read it. Only talks about if the Mayor terminates the
Manager, he can stay for 10 days. It doesn't say the same thing about if the Commission
terminates the Manager.
Mr. Vilarello: That's also a correct statement. Doesn't address any limitation with regard to the
Commission...
Mayor Carollo: So, in other words, if this ordinance would be passed if a Mayor now or in the
future terminates a Manager, then, that means the Manager could stay during the period of those
10 days. But, if the Commission terminates a Manager, that would not apply necessarily to the
Commission?
City Attorney: That's correct, Mayor. The language of the Charter provides Commission by
four -fifths vote can remove the Manager and that is a final act. There is no either appeal or
opportunity for an override.
Mayor Carollo: Or, nor does it specify or talks about what happens if both the Commission and
the Mayor terminate a Manager. I guess, does he stay or does he go? It's kind of a
no manns land here if both do it. But, I guess you've answered my initial question, that it doesn't
provide the same language if the Commission were to terminate? And this is the point that I was
trying to make, Commissioner Regalado, that that wording wasn't even included in this
ordinance, only for the Mayor, this Mayor, future Mayors. Now, I frankly have never seen
something done this way. But if..
160 June 9, 1998
Commissioner Regalado: Excuse me, Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Regalado: City Attorney. Could we amend this to include the separation for
the ... or the decision, as you said, is final?
City Attorney: No. We're dealing with two different provisions, the Commissions' right to
remove the Manager by a four -fifth vote is final. No contingency exist if the Commission
removes. That is a final act.
Commissioner Gort: But it still would a period of
transition could keep playing for any Manager in the future.
City Attorney: No. At that point the Mayor would have to appoint a new Manager and go
through the process of appointment and confirmation of a new Manager. The Commissions' act
is final.
Commissioner Gort: Does this take away any power from the Mayor?
City Attorney: The ordinance, as I prepared it, I -- I have signed off on this ordinance as to form
and correctness. If it took away any powers from the Mayor, in my opinion, I wouldn't have
signed it.
Mayor Carollo: I never asked that question, by the way. What I stated was clearly what I said,
that this sounded like punitive action being taken against the Office of the Mayor now and in the
future, since it did not include the Commission, even within this ordinance.
Vice Chairman Plummer: All right.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Mr. Teele.
Commissioner Teele: Thank you. Commissioners, to the public, on Friday evening I requested
the City Attorney a series of questions, before this very unfortunate spectacle that we're
witnessing began. The Charter of the City of Miami, which is admittedly, less than a year old,
was drafted largely from the County Charter. Mr. Attorney, this particular section of the
Charter ... no fireworks. This particular provision of the Charter, would you comment as to, is it
closely analogous in wording, other than one Commission has five, another Commission has 13?
Is it close in wording to the County Charter, which was drafted first?
Mr. Vilarello: With the exception to the reference of
the four -fifths vote that the City Commission, the City of Miami has, the County has a two-thirds
vote. With that exception, they're identical.
Commissioner Teele: They're identical. The County Charter was drafted first. Now, the County
Attorney has opined on this specific section of the Charter and I ask you if you would consult
161 June 9, 1998
with the County Attorney's Office on this matter and the City Attorney's Office has opined, and
guess what, like reasonable men can frequently differ, we have two different opinions of the
same... virtually identical, provisions of the Charter, is that a fair statement?
Mr. Vilarello: I have not reviewed a formal opinion of the County Manager. In fact, when they
went through this process, the County manager did stay in office for 10 days, following the
action by the Mayor. So, we have come to different conclusions on the same language.
Commissioner Teele: And so this language that has been
drafted, which was my request on Friday, in open Commission meeting, to review the language
and to draft language that would make the two Charters compatible, or close to being identical in
their interpretations, is merely language that would by ordinance create the identical situation
that is now in place in the County of Dade, Miami -Dade, is that relatively correct?
Mr. Vilarello: That's correct. Monday when we spoke, you directed me to go ahead and put
together and ordinance and that's what I've done. It mirrors the operational effect of the removal
of the County Manager in the City of Miami.
Commissioner Teele: So, I want to be very clear. Does this Charter, does this language, which
addresses the Charter, in any way eliminate the powers of the Mayor to remove the Manager?
Mr. Vilarello: No. The language that we're addressing is the power of the Mayor to remove.
That continues to be in place. There's no removal of that, or there's no limitation on that power
to remove. Simply, what happens in the transition period, which is not specifically addressed in
the Charter and that's what this ordinance does.
Commissioner Teele: Now, finally, in that line, the question has been raised as to why isn't there
comparable language related to the Commission, that is, a 10 day waiting period. The 10 day
waiting period tracks with the existing language in the Charter, as I understand it, that gives an
opportunity for review. Is there any review from the four -fifths decision of the City
Commission?
Mr. Vilarello: No.
Commissioner Teele: So, if there is no appeal of the Commission decision, there would not be
any reason for a 10 day period to exist. Is that right?
Mr. Vilarello: The Commissions' action is final.
Commissioner Teele: The Commissions' action is fine. So ... I mean, I think it's important that
the record be very clear that one ... this was discussed on Friday. Before any actions were taken
as it relates to the differences in the Charter. It is also very, very consistent with what the
government that framed this Charter, to which the City of Miami has strung very heavily from,
has interpreted and in no way infringes or curtails the power of the Mayor to remove the
Manager. So, I just want that to be very clear because the discussions can get ... the discussion
needs to be clear, I think, so that it is clear that this language is drafted very heavily from the
existing rules in the County, which drafted the original Charter provisions. Thank you.
162 June 9, 1998
Mayor Carollo: Can ... thank you, Commissioner Teele. If I could bring another point of
information and clarification. I called the individual that was responsible for drafting the
amendments to the County ordinance that we piggy back from. That was Mayor Penelas. I
spoke to Mayor Penelas last Friday and he made it clear to me that his interpretation of what his
intention was, what the Charter Amendment stated was that once terminated, once removed, the
Manager had to go out. I mean, this is normal in any business, whether government, whether the
private sector. What business that you know of, that you terminate your top administrator and
you're going to have them hanging around for 10 days? There's not ... however, as Mayor Penelas
stated to me, even though it caused major problems by having ... Mr. Vidal stay there for those 10
days. It was problematic for County government, for reasons that I won't get into now that were
stated to me. He believed that the word of his County Attorney, even though he drafted the
language on the amendment, his intention was that they would have to leave within that 10 days
if the Manager was terminated. But he believes that you follow the opinion of the attorney. In
this case, it was the County Attorney. I don't know of any other instance in the history of Dade
County, where the opinion of the County Attorney has been overruled. Just like I haven't been
shown, not even one time, when the opinion of the Mr. Vilarello has been overruled. In this
case, we've had two City attorneys state the same. What I would like to proffer to my colleague,
Commissioner Regalado, since this has been brought up at night, when it was sent to all of us,
since this is going to be something that is going to be a precedent in the City of Miami ... not just
in this document. From here on, this will set a precedent on how we're going to look and act
upon any opinion that the City Attorney might give us in the future. I would ask my colleague if
you could bring this up after it's duly advertised so that you could have the public be able to
know what's going to come, be able to be present, to have sufficient legal minds look at it
further, if need be. But to bring something before this body that was drafted and sent overnight
where we haven't even had the opportunity to really look it over. Where it is going to set a
precedent, a precendent that will have liability for the City anytime that you overturn a City
Attorney, it is not the way to run government, Commissioner.
Commissioner Regalado: Mr. Mayor, I don't have any problem but I think that we need again to
state for the record that it was an opinion, first of all, the main question and the only question
that I asked to the City Attorney, when last night we discussed this ordinance was, does this
ordinance in any way take away the power of the Mayor...
Mayor Carollo: We've been over...
Commissioner Regalado: Mr. Mayor, I know ... I know we've gone through that. But it's
important, it's important that the people of Miami understand that the purpose of this was not
punishing the Mayor; of taking away power from the Mayor, or of overturning and opinion from
the City Attorney, but it was the purpose of having a transition. Now you say that Mayor
Penelas had problems with this ... was problematic with this transition. I heard that it went well
because the new Manager, Merrett Stierheim, received from the outgoing Manager all the details
of what he was working on. And, frankly, I thought it was a good idea. When a republican
president goes into the White House after democratic president, there is a transition team. I was
part of one transition team at a time and what they do is that they work, they say, we have this
unfinished business; you guys have to take care of this and this was the purpose of this. It was
not the intention, Mr. Mayor, in terms of overturning any opinion from the City Manager, I
mean, from the City Attorney, so, that's what I have to say. Whether it's the advice of the City
Manager to advertise this, to do a public hearing, well, the City Attorney, could you give your
163 June 9, 1998
opinion regarding whether or not we should have a public hearing? I don't know if we're
discussing overturning your opinion or if we're discussing to create a smooth transition from one
City Manager to another. That's... and I think that was the purpose of this ordinance. It's not
overturning.
Mayor Carollo: Can I make a statement?
Commissioner Regalado: Sure.
Mayor Carollo: If you're done. And, again, this is for the purpose of clarifying this whole
situation. I appreciate, Tomas, your concerns and your statement but, while I fully agree with
you that, when there is a transition from government to government, from president to president,
Commissioner to Commissioner, there should be a smooth transition. The difference is when
there's a termination. You cannot have that same transition in a termination that you have when
there is a change of government. A change of position that is not through a termination. At the
same time, what I'd like for you to, to considering asking the City Attorney to advertise this for a
future date, is that let's forget about this particular issue for a moment. We have to keep in mind
that this is going to be precedent setting. That this is going to affect and create liability for the
City and so many other opinions that this City Attorney, future City Attorneys, future
Commissioners, future Mayors, might make. And something that is going to be so far-reaching
that could bring the City so much liability in cast, should not and cannot be taken up in such a
fashion, Commissioner, and that's all that I am saying.
Commissioner Regalado: Mr. Mayor, I don't ... I don't have any problem with advertising how
many public hearing. I just want to say again that the purpose of this was to have a smooth
transition, that's all. And, you know, what ... when I ... a sitting president is defeated, he's
terminated by the vote and that's the same pattern I thought we could apply here but, City
Attorney, if you think that, it's your opinion that we should advertise and have a public hearing
on this one?
Mr. Vilarello: This Commission has the authority to pass this on an emergency basis or
advertise it and have it at a public hearing at a future date. That's within the discretion of this
Commission.
Mayor Carollo: Can ... would it be in agreement with you, Commissioner, if we would have this
advertised and placed at the next, regular Commission meeting?
Commissioner Regalado: Well, I don't have any problem, Mr. Mayor. If the rest of the
Commission has not spoken on this issue. I don't know what's the will of the Commission.
Mayor Carollo: Commissioner Gort?
Commissioner Gort: Mr. Mayor, it's ... if you recall, I think it was at the time when you were
Mayor, you put me in charge of doing ... re -districting.
Mayor Carollo: Excuse me?
Commissioner Gort: You put me in charge of doing the re -districting.
164 June 9, 1998
Mayor Carollo: That's correct, I made you chairman of that committee.
Commissioner Gort: I want to make sure that in other places it took a year to two years, but we
made a commitment to this community that we for the election of November. And, as you'll
recall, I was asked to do this and copy into Dade County Charter it, and the way it was set up in
Dade County. We did this, I think, within eight months? And somebody in Finance, correct me
if I'm wrong, I think we did it with less than a hundred thousand dollars. It's my understanding
from the information that I have eceived. So we have to understand ,not only most of us here,
but I think the public out there ... we took a position because we wanted to keep this community
together. We expedited... and there's a lot of things that need to be ironed out. I think this is like
a new program that you put into a computer and you try it out. There's a lot of de -bugging that's
got to take place. I think what we're saying here is, we don't want to overrule the attorneys. We
don't want to overrule the attorneys. We're not overruling the attorney. If you remember, we
stated we want copy of what Dade County's doing. Now, we have and opinion from our
attorneys and that the originator of the districting has a different opinion. What I would like to
see here is, as this item comes up, we take a decision so in the future we don't get a different
attorney and we don't know who our attorneys are. They each can interpret it the way they want
to. I want to make sure that we take a decision...
Mayor Carollo: In fairness to attorneys, said, they don't just interpret it the way they want to.
Commissioner Gort: Well --
Mayor Carollo: If you don't mind, Alex, I kept sticking out for you with Commissioner Teele.
Commissioner Gort: Well, let me know...
Vice Chairman Plummer: Do away with all of them.
Commissioner Gort: We have two attorneys making a prediction here that, then we have
attorneys making a different decision and a different opinion of the same statement.
Vice Chairman Plummer: Yeah. Shakespeare.
Mayor Carollo: But, as I said, even the creator of the wording in that Charter has expressed to
me what his intentions were, what he intended to have done but ... but wait, Commissioner, before
I forget. You did and excellent job in putting that committee together and the work that was
done and not only that but, you know, we have a tendency to forget, that's human nature, I guess,
once people do gallant action and only criticize the things that we don't like, but this community
owes a lot of gratitude to Commissioner Gott because, in a very tense moment, when others were
not willing to stand up to the plate and do what was right, he could have gotten four year seat,
but in order not to cause friction and to bring unity into our community, he volunteered to take
the seat that would have only two years and I just wanted to bring that up since we're discussing
this because that was a gallant move.
Commissioner Gort: Well, Mr. Mayor, that's one of the reasons why I am here, but if you recall,
we went through very difficult moments. At that time, I think, three of us were here with you
165 June 9, 1998
and like I told the press, although we had different opinions on many issues, we voted 99 percent
in favor of most of the issues supporting you.
Mayor Carollo: Ninety-nine point nine, Commissioner.
Commissioner Gort: Don't take this ... don't take this as something personal against you.
Mayor Carollo: Well, I
Commissioner Gort: This is not the intent of this Commission.
Mayor Carollo: I am not ... I understand that
Commissioner Gort: To take any power away from you. We just want to make sure that we
organize and we improve what we have passed. I want you to understand that. I don't have any
problems with public hearings. I think public hearings are very important because public
opinions ... a lot of times ... and the reporters get mad at me when they ask me how you going to
vote on an issue? And I tell them, I don't know because I've got to go to the public hearings and,
sometimes I might change my mind, and I don't want to make a liar out of me. That's all I'm
saying.
Mayor Carollo: Is ... Commissioner Regalado, do you want to make a motion then to place it in
the next ... do you want to let the other members of the Commission to express their will ... I mean..
Commissioner Regalado: I thought that Sanchez ... I'm sorry, do you want to express your
opinion on it?
Commissioner Sanchez: Being my first day at school and I'm here taking a final. This is a
serious matter, but one thing that ... that I brought out and I continue to say is that we need
stability to the City, without a doubt. Under the City Charter, which I took a crash course in a
day last night. I spent the night reading it. You have the right to appoint and discharge the City
Manager but you have to understand that the Commission also has the right to overrule, override
your decision. And the one thing that I am trying to get across here is that we're going to have to
put our differences aside and take into consideration that we're here to represent the community.
This is something that ... Friday I was a spectator in the stands. Today I'm a player making big
decisions. I'm going to sit back and vote from my heart and vote to what's right for this
community.
Mayor Carollo: Commissioner...Vice Chairman Plummer?
Vice Chairman Plummer: What?
Commissioner Gort: Guy's been sleeping.
Mayor Carollo: Twenty-eight years and that's all we get, what`?
Vice Chairman Plummer: You called me. What do you want? Do it.
166 June 9, 1998
Mayor Carollo: Well, what is your pleasure, Commissioner?
Vice Chairman Plummer: Yes, sir. The maker of the motion is Commissioner Regalado, who
has indicated to put it up for a special Commission meeting or to advertise it for a public hearing.
Mayor Carollo: O.K..
Vice Chairman Plummer: What do you want me to say?
Mayor Carollo: Are you second...
Vice Chairman Plummer: I second the motion to delay it.
Mayor Carollo: Vice Chairman Plummer second the motion.
Vice Chairman Plummer: And what do you want?
Commissioner Regalado: No, no, I did not.
Vice Chairman Plummer: Oh, I'm sorry.
Commissioner Regalado: I did not say that. I
Vice Chairman Plummer: Again...
Commissioner Regalado: I asked the City Attorney and I asked the Mayor to ask the other
members of the Commission and...
Vice Chairman Plummer: Then, I have to again ask the Mayor, what are you asking of Vice
Chairman Plummer?
Mayor Carollo: What...
Vice Chairman Plummer: I have no comments to make at this time
Mayor Carollo: I ... well, you've answered that. What I'm asking you, Commissioner, the same
thing that I asked Commissioner Regalado. He stated that he was willing to do is for this
Commission to deal with something that's much more far reaching than just this particular item
in a way that it's going to be done the process that this body should deal with matters of this
nature in a process that's going to be done with dignity, with decorum, where no one can say it
wasn't done in the proper professional manner that the government should be running. This is
extremely far reaching. This has to do with a lot more than just this item here. If the precedence
is going to be set where two City attorneys are going to be overruled, this is going to have very
far reaching affects and it should be given the appropriate time of consideration to study and at
the same time, the appropriate notices for the public to participate, if it so wants.
Commissioner Teele: Commissioner, I've heard from three of my colleagues that are apparently
prepared to move forward, one is not. I think a lot of effort is being made about overruling the
167 June 9, 1998
City Attorney. That's neither the intent of this ordinance, nor is it the practical effect. The one
thing that I have continued to request, and I renew that request, that this Commission needs a
rules of procedures. We need that very badly. I even suggested again, Mr. Attorney, as you'll
recall, that maybe we looked at the County rules and maybe some other City rules, but we need
rules of procedure. Let me give you one vignet. The City Attorney has always ruled that the
first item of business on the agenda must be vetoes and overrides. That was ruled before. I
remember when we were here and I said it's not on the agenda. The City Attorney said it doesn't
have to be on the agenda. Vetoes and overrides come ahead of everything else. I think it was a
Sloppy Joe Restaurant or something. I don't even remember what the issue was.
Commissioner Regalado: It was.
Commissioner Teele: And that item went on the agenda as the first order of business. I share in
the Mayor's frustration about the pocket items. I mean, pocket items ... we just went through
what, six pocket items with one Commissioner and I commend you, Commissioner, because
what you're trying to do is get something done in a City that is very difficult to get something
done and I say that with all sincerity. The Fourth of July activity is a very important activity.
but there just don't appear to be rules of procedure. It almost is the law of the jungle. I mean,
whoever's got the mike, whoever's presiding, whoever is ruling sort of makes the rules as we go
and, quite frankly, and quite frankly, that may work well for some but I think in the nature of a
single member districting process, Mr. Attorney, with all of the ramifications of the court cases
that have interpreted this, it is important, it is just as important, that the Commissioners be at and
equal opportunity to present their views as they, as is it that they have been elected from single
member districts. And you know those cases, the long line of cases out of the Fifth and the
Eleventh Circuit that have talked about how procedures can, in fact, nullify the whole intent of
single member districting. One of the aspects of the government that we have established, which
is single member districting, requires, quite frankly, that we be collegial with one another. None
of us can get anything done if we're not collegial and to the extent that I said someone was a
coward, I apologize, on the fire fee. I was very frustrated. But it was not and issue that I
attacked anyone's credibility or their integrity. It was only a question of the vote itself that the
Mayor, of course, has taken this opportunity to remind me. But I think it's also important that, in
this process, we afford the opportunity of the Commission to work its will. the rules of the
procedures, Mr. Attorney, of any body, are normally re ... are normally re ... are normally made and
refined by that body. That's sort of almost a governmental or a political first law of nature. The
rules by which this Commission operates are, in fact, the governance and the authority, not of the
City Attorney, not of Robert's Rules of Order or Reid's rules of order, but of this body.
Mayor Carollo: It's Mason's that we have here, Commissioner.
Commissioner Teele: Mason's, Robert's, Reid's.
It doesn't matter.
Mayor Carollo: A big difference. Mason's...
Commissioner Teele: O.K., Mason's Rules of Order. The fact of the matter is, is that ... well,
since you want to go there, let me tell you, I can recall many times when the City and the County
Commission have overruled their attorney and they're generally around procedural issues and
governmental issues. I think the entire press pool will remember the arguments of Joe Gersten
168 June 9, 1998
and others, who used the same arguments that we've heard today, that we cannot overrule the
attorney. But a majority of the Commission, including Mayor Penelas, had the courage to do the
right thing. The vote was single member districting. The City Attorney, the County Attorney
had a opine for five to seven years that you cannot, it is legally not defensive, but the County and
ultimately the City overruled their attorney because it really wasn't a legal issue. It was a
procedural issue as to how the body is going to be governed. And, so, in that regard, I would
only say this, the issue that is before us is not the overruling of the attorney but it is whether or
not and how the governance of the City of Miami is going to be organized, which is only our
duty and our responsibility. And with that, Commission, I would call the question.
Mayor Carollo: Commissioner Regalado, if I could just mention something and the County, for
instance, since it's being brought up again -- again for the purpose of clarifying the air in this, in
the County emergency pocket items concerning particularly ordinances, can only be brought up
on true emergencies that would affect the health, welfare, life, so on and so forth, which I don't
think this would affect any of those issues. But to my colleague, Tomas, I respectfully request
again from him what I understood that you were willing to do and that is to establish a process,
and orderly process, by which this would be discussed and be dealt with. In all that I've asked,
which again you seem to have indicated that you were willing to do, is for this to be placed on
the next available agenda, advertised properly, discussed properly, and, then, this body can take
whatever action it so see fit to take. Is that...
Commissioner Regalado: Mr. Mayor, I...
Mayor Carollo: ... asking too much?
Commissioner Regalado: As I told you, I don't have any problems but I think that I wanted to
get it on the record that this is not about you, this is not about the attorney, this is not about the
City Manager, this is about establishing a transition period from one City Manager to another.
Although, it seems that most of the members want to move forward on this, I have no problem
because I understand and I ask that to the City Attorney, that this ordinance, if it were to be
approved, would not be in place, will not take effect for 10 days. Would that ... is that what you
told me, Mr. Vilarello?
Mr. Vilarello: Yes, unless the Mayor signs it sooner.
Mayor Carollo: That ... that is correct, but again we're missing the point in this. And that is that
we would have approved something that was drafted at night ... which would have...
Commissioner Regalado: Yes, but I just wanted to clarify, Mr. Mayor, that this ordinance would
not have taken place now, even though it's and emergency ordinance and has to await 10 days, so
I ... and I ... I think that the members ... I believe that the members want to move forward. I
don't ... and I don't have any problems in discussing this openly. I ... so, I would leave that for the
next session. I don't have any sense of urgency. I do have, though, the need to go on the record
again and again that this is not part of any effort to undermine the powers of the Mayor or the
opinion of the City Attorney. It's just a very well -thought desire of having some kind of stability
here. But having said that on the record, I ... the Mr. City Attorney, you can order the City Clerk
to advertise for a public hearing next June 23rd.
169 June 9, 1998
Mayor Carollo: O.K.. Would you like a time certain
or not?
Commissioner Regalado: I think ... you know, Mr. Mayor, I think that 5 o'clock should be ... We
have a zoning...
Mayor Carollo: Yeah, five ... yeah, five or after.
Commissioner Regalado: Five?
Mayor Carollo: Yeah, at least five or after. I mean, no sooner than five. All right, that's fine.
Any additional items that we need to deal with? Anymore pocket items? Hearing none, this
meeting is...
Commissioner Teele: I have items relating to ... give me my pocket items, please.
Vice Chairman Plummer: Can they wait two minutes?
Mayor Carollo: Sure.
Vice Chairman Plummer: I've got to go do something nobody else can do for me.
Commissioner Regalado: Mr. Mayor, I have a question for the City Attorney, if the Commission
would like to address the issue of the City Manager, how long does that take...
Mayor Carollo: You have until Monday, Commissioner.
Commissioner Regalado: You have...
Mayor Carollo: Yeah.
Commissioner Regalado: We have until Monday?
Mayor Carollo: Yeah. You have plenty of time.
Commissioner Teele, you have any additional pocket items you want to do now? I mean, if it's
not of that importance with Vice Chairman Plummer here, maybe we could do it, unless you
think you need him here.
170 June 9, 1998
71. APPROVE CONVEYING TO SOUTHEAST OVERTOWN/PARK WEST COMMUNITY'
REDEVELOPMENT AGENCY REAL PROPERTY (LOTS 1 THRU 11; 14 THRU 19; 22
THRU 24; 26 THRU 27; 30 THRU 35; 38 THRU 43; 46 THRU 48) -- FURTHER DIRECTING
CITY MANAGER TO EXECUTE SPECIAL WARRANTY DEED TO EFFECTUATE
CONVEYANCE.
Commissioner Teele: Mr. Mayor, the item that is being passed out is one which the City staff
has had. This is an item that was approved two ... eighteen months ago. The developer, St. Johns,
is prepared to do the ground breaking.
Mayor Carollo: O.K..
Commissioner Teele: For whatever reason, the transfer of the land was not done in accordance
with the instructions of the Commission. And I would move that the resolution, with the
attachments directed at the City Manager to convey, be done. I would hope that the law
department review this to make sure we're not...
Mayor Carollo: Can you just include, if I may ask, in your motion, with the approval of the Law
Department so this way we're...
Commissioner Teele: Yeah. This is drafted by the law
department but ... with the approval of the Law Department, of course.
Mayor Carollo: Well, I see here that Linda Kearson, in fact, did approve it. She signed it.
Commissioner Teele: Right, right.
Mayor Carollo: So, it is approved by the law department.
Commissioner Teele: That's right.
Mayor Carollo: Well, there's a motion by Commissioner Teele. Second by Commissioner
Sanchez? No?
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. And that's smart. Keep that up. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
171 June 9, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-611
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING AND
DIRECTING THE CITY MANAGER TO CONVEY TO THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY THE REAL PROPERTY LEGALLY
DESCRIBED AS LOTS 1 THRU 11, 14 THRU 19, 22 THRU 24, 26
THRU 27, 30 THRU 35, 38 THRU 43, AND 46 THRU 48, LESS THAT
PORTION OF LOTS 1,8,9,16,17,24,32,40,41 AND 48 FOR RAPID
TRANSIT R/W, ALL OF BLOCK 36 OF "P.W. WHITES RE -SUB.",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK `B", AT PAGE 34, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA; FURTHER AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE THE SPECIAL WARRANTY
DEED, ATTACHED HERETO, AND ALL OTHER DOCUMENTS
WHICH ARE NECESSARY TO EFFECTUATE SAID
CONVEYANCE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Plummer.
72. BRIEF DISCUSSION REGARDING SCHEDULING SPECIAL CITY COMMISSION
MEETING TO ADDRESS REMOVAL OF JOSE GARCIA-PEDROSA.
Mayor Carollo: Anything else, Commissioner Teele?
Commissioner Teele: Not at this time, Mr. Mayor.
Mayor Carollo: O.K.. This meeting, then, stands adjourned. Thank you very much.
172 June 9, 1998
Commissioner Regalado: Mr. Mayor, do we ... I asked the City Attorney if we wanted to go on a
special meeting on the City Manager issue, should we do it now, Mr. City Attorney, or ... in
public?
Mr. Vilarello: I recent ... I recently provided you a memorandum of how you can call that special
meeting but you can call that special meeting at this point, without a need to go through
memorandums to the City Clerk.
Commissioner Regalado: Would the members want to have a special meeting on the City
Manager Friday? You want to do it Friday?
Vice Chairman Plummer: Will you hold it...
Commissioner Gort: Can we make it a Monday? It happens on Monday. At least...
Commissioner Regalado: Monday, Monday.
Commissioner Gort: Second.
Commissioner Teele: I'm not even going to be in town Monday.
Vice Chairman Plummer: I won't be in town on Friday. If you want to hold your meeting in Key
Largo, that's fine with me.
Mayor Carollo: The meeting's been adjourned already, J.L. so send your memos to the City
Clerk.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 5:41 P.M.
MAYOR JOE CAROLLO
PRESIDING OFFICER
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
COMMISSIONER J.L. PLUMMER, JR.
VICE CHAIRMAN
173
June 9, 1998