HomeMy WebLinkAboutCC 1998-06-23 MinutesCITY OF
gY OF
G
I
MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON June 23, 1998 (Planning & Zoning)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF PLANNING & ZONING MEETING
June 23,1998
ITEM NO. SUBJECT LEGISLATION
1. DISCUSS ITEMS TO BE WITHDRAWN FROM CONSENT 6/23/98
AGENDA. DISCUSSION
1-2
2. DIRECT CITY MANAGER TO ISSUE REQUEST FOR 6/23/98
PROPOSAL - FOR PURCHASE OF CARPETING — FOR DISCUSSION
POLICE DEPARTMENT - IN ORDER TO ATTRACT LOCAL 2
VENDORS.
3. CONSENT AGENDA.
6/23/98
DISCUSSION
3
3.1 CO -DESIGNATE SOUTHWEST 9TH AVENUE FROM 6/23/98
SOUTHWEST 2ND STREET TO NORTHWEST 2ND R 98-613
STREET FERNANDO SOTO-HERNANDEZ AVENUE. 3
3.2 APPROVE PURCHASE OF MICROFILM DIGITAL 6/23/98
WORKSTATION AND ACCESSORIES FROM MINOLTA R 98-614
BUSINESS, INC. - FOR OFFICE OF CITY CLERK - 4
ALLOCATE $18,300.00 FROM CIP PROJECT.
3.3 ACCEPT BID: MEARS MOTOR LIVERY CORP., DB/A 6/23/98
MEARS MOTOR LEASING - FOR THREE COMPACT R 98-615
VEHICLES — FOR FIRE -RESCUE — ALLOCATE $10,250.28 4
FROM ACCOUNTS 104012.280556.6.610 AND
183 011.45 03 92.6.610.
3.4 AUTHORIZE CITY MANAGER TO EXECUTE 6/23/98
AMENDMENT TO MOTOROLA CONTRACT - FOR R 98-616
PROVISION AND INSTALLATION OF ADDITIONAL 4
HARDWARE - FOR PHASE II OF FIRE STATION
ALERTING SYSTEM UPGRADE - FOR FIRE -RESCUE -
ALLOCATE $4,000.00 FROM ACCOUNT
0010000.280401.6.850.
3.5 ACCEPT BID: JONES EQUIPMENT COMPANY, INC. - FOR 6/23/98
BADGES ,INSIGNIAS AND WALLETS - FOR POLICE - R 98-617
ALLOCATE $22,203.88 FROM ACCOUNT 5
001000.290201.6.075.
3.6 ACCEPT BID: LAWMEN'S & SHOOTERS' SOUTH, INC. - 6/23/98
FOR PROCUREMENT OF TRUNK ORGANIZERS - FOR R 98-618
POLICE - ALLOCATE $12,100.00 FROM ACCOUNT 5
001000.290201.6.722.
3.7 ACCEPT BIDS: ROADBLOCKS, INC. AND BOB'S 6/23/98
BARRICADES, INC. - FOR BARRICADE RENTAL R 98-619
SERVICES - FOR POLICE - ALLOCATE $10,000.00 FROM 5
ACCOUNT 001000.290201.6.270.
3.8 ACCEPT FINDINGS OF SELECTION COMMITTEE OF 6/23/98
BELLSOUTH BUSINESS SYSTEMS - FOR FRAME RELAY R 98-620
NETWORK SERVICES - FOR CITY' S COMMUNICATIONS 6
INFRASTRUCTURE - ALLOCATE $300,000.00 MAXIMUM
FROM FIRE -RESCUE CAPITAL IMPROVEMENT PROJECT
313232.
3.9 APPROVE FINDINGS OF EVALUATION COMMITTEE 6/23/98
FOR GENUINE PARTS COMPANY DB/A NAPA AUTO R 98-621
PARTS AND PAPCO AUTO PARTS SOUTH, INC. - FOR IN- 6
HOUSE PARTS OPERATION - FOR GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE.
3.10 ACCEPT BID: GRAPHIC DESIGNS INTERNATIONAL, INC. 6/23/98
- FOR DECALS AND STRIPING - FOR FLEET VEHICLES - R 98-622
FOR GENERAL SERVICES ADMINISTRATION - 7
ALLOCATE $45,414.47 FROM CAPITAL IMPROVEMENT
PROJECT 311850.
3.11 ACCEPT BID: MARDEL ENTERPRISES, INC., DB/A 6/23/98
MARDEL PHOTO SUPPLY - FOR PHOTOGRAPHIC R 98-623
SUPPLIES - ALLOCATE $160,000.00 FROM VARIOUS 7
CITY DEPARTMENTS.
3.12 ACCEPT BIDS: BELL & SON FENCE CO., WARREN 6/23/98
FENCE COMPANY, INC., AZTEC ROOFING CO AND C.& R 98-624
F. DECORATING SERVICE - FOR CHAIN LINK FENCE 7
INSTALLATION - ALLOCATE $120,000.00 FROM
VARIOUS CITY DEPARTMENTS.
3.13 DISCUSS - DEFER CONSIDERATION OF CONSENT 6/23/98
AGENDA ITEM 13 (PURCHASE CARPETING FOR POLICE R 98-625
DEPARTMENT) TO LATER IN SESSION. 8
3.14 INCREASE CONTRACT WITH OMB POLICE SUPPLY - 6/23/98
FOR FLEX CUFFS AND EVIDENCE TAPE - FOR POLICE R 98-626
DEPARTMENT - ALLOCATE $4,500.00 FROM POLICE 8
ACCOUNT 001000.290201.6.719.
3.15 ACCEPT PLAT: BRICKELL CHASE.
6/23/98
R 98-627
8
4.
RATIFY / APPROVE / CONFIRM CITY MANAGER'S SOLE
6/23/98
SOURCE FINDING - FOR PROCUREMENT OF XGEN
R 98-628
SOFTWARE MAINTENANCE SERVICE FROM OPEN
9-10
WARE TECHNOLOGIES, INC. - FOR INFORMATION
TECHNOLOGY - ALLOCATE $16,078.08 FROM ACCOUNT
001000.460101.6.670.
5.
(A) PERSONAL APPEARANCE: ROBIN REITER CO-
6/23/98
CHAIR WAGES COALITION TO UPDATE CITY
DISCUSSION
COMMISSION ON STATUS OF WELFARE -TO -WORK
10-15
PROGRAM IN MIAMI-DADE COUNTY.
(B) DISCUSS NEED TO FILL VACANCY ON WAGES
BOARD.
(C) DIRECT CITY MANAGER TO PROVIDE LIST OF
EMPLOYEES HIRED BY THE CITY UNDER WAGES
PROGRAM, BY DEPARTMENT.
(D) DISCUSS FUNDING ALLOCATIONS TO LOCKHEED
MARTIN.
6.
DISCUSS / DEFER TO NEXT MEETING CONSIDERATION
6/23/98
OF AGENDA ITEM 13 (APPROVE FINDINGS OF MOST
M 98-629
QUALIFIED FIRMS TO PROVIDE DEBT COLLECTION
16-17
SERVICES: FINANCIAL COLLECTION AGENCIES, INC. /
HOMESAFE/METEC MUNICIPAL SERVICES/ HEARD
GOGGAN BLAIR & WILLIAMS).
7.
DISCUSS / DEFER TO NEXT CITY COMMISSION
6/23/98
MEETING CONSIDERATION OF AGENDA ITEM 6
DISCUSSION
(PERSONAL APPEARANCE BY SAMUEL K. JOHNSON
17-18
REGARDING C14ARLES HADLEY PARK).
8. BRIEFLY DISCUSS / TABLE TO AFTERNOON SESSION 6/23/98
CONSIDERATION OF AGENDA ITEM 3 (PROCUREMENT DISCUSSION
AND INSTALLATION OF FLEET MANAGEMENT 18
SOFTWARE SYSTEM FOR GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE).
9.
RATIFY / APPROVE / CONFIRM FINDING OF SOLE
6/23/98
SOURCE - FOR PURCHASE OF NON -LETHAL WEAPON
R 98-630
SYSTEMS FROM SAGE INTERNATIONAL, LTD - FOR
18-19
POLICE - ALLOCATE $7,248.00 FROM LAW
ENFORCEMENT TRUST FUND PROJECT 690003.
10.
DEFER TO SCHEDULED MEETING OF JULY 14, 1998,
6/23/98
CONSIDERATION OF AGENDA ITEM 7 (PERSONAL
DISCUSSION
APPEARANCE BY JOSE RODRIGUEZ TO PRESENT
20
MANAGEMENT LETTER IN CONNECTION WITH FY '97
AUDITED FINANCIAL STATEMENTS) - FURTHER
REQUESTING THAT REPRESENTATIVES FROM KPMG
PEAT MARWICK MEET WITH CITY COMMISSIONERS
PRIOR TO MEETING DATE.
1 L
APPROVE SECOND READING ORDINANCE: AMEND
6/23/98
CHAPTER 40, ARTICLE III, SECTION 40-119(B) OF CODE:
ORDINANCE
PERSONNEL/CIVIL SERVICE RULES AND
11666
REGULATIONS - FOR GRANTING CREDIT PRIOR TO RE-
20-22
EMPLOYMENT FOR MEETING TIME -IN -GRADE
REQUIREMENT NECESSARY FOR PROMOTIONAL
EXAMINATION.
12.
APPROVE SECOND READING ORDINANCE: AMEND
6/23/98
CHAPTER 40, ARTICLE III, SUBSECTION 40-88 (A)(1)
ORDINANCE
AND REPEALING SUBSECTION 40-88 (A)(2) - DIRECT
11667
CITY MANAGER TO SURVEY MUNICIPALITIES
22-24
FUNCTIONING WITHOUT CIVIL SERVICE BOARD -
FURTHER DIRECTING MANAGER TO REVISE EXISTING
PROCEDURES.
13.
FIRST READING ORDINANCE: AMEND SECTION 18-78
6/23/98
OF CODE: CONTRACTING METHODS AND
FIRST READING
PROCEDURES - STIPULATE THAT AGREEMENTS
ORDINANCE
INCONSISTENT WITH PROCEDURES SHALL NOT BE
24-26
BINDING - FURTHER DIRECT CITY ATTORNEY TO
REPORT ON STATUS OF $80,000.00 AGREEMENT
GRANTED TO A LAW FIRM WITHOUT CITY
COMMISSION APPROVAL.
14. FIRST READING ORDINANCE: AMEND CAPITAL 6/23/98
IMPROVEMENT ORDINANCE 11623 - CONTINUE AND FIRST READING
REVISE PREVIOUSLY APPROVED CAPITAL ORDINANCE
IMPROVEMENTS PROJECTS - ESTABLISH NEW 26-29
CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING
FISCAL YEAR 1997-1998 - FURTHER DIRECT CITY
MANAGER TO PROVIDE COMMISSIONERS WITH
ADMINISTRATIVE COST OF FIRE ASSESSMENT FEE.
15. COMMISSIONER GORT ANNOUNCES HE WILL NOT BE 6/23/98
PRESENT AFTER LUNCH - VICE CHAIRMAN PLUMMER DISCUSSION
ANNOUNCES HE WILL LEAVE AT 6 P.M. 29
16. APPROVE ESTABLISHING DEBT MANAGEMENT 6/23/98
POLICY - DIRECT CITY MANAGER TO INSTRUCT R 98-631
FINANCE TO IMPLEMENT SAID POLICY - FURTHER 29-31
DIRECT CITY MANAGER TO REVIEW LEASES IN
ARREARS TO UPDATE THEM.
17. TABLE TO LATER IN SESSION CONSIDERATION OF 6/23/98
AGENDA ITEM 14 (CITY OF MIAMI FIVE YEAR PLAN DISCUSSION
FOR FISCAL YEAR 1999 THROUGH FISCAL YEAR 2003). 31-33
18. APPROVE SALE OF SURPLUS CITY -OWNED REAL 6/23/98
PROPERTY LOCATED AT 65-69 SOUTHWEST 1 STREET R 98-632
(WATSON BUILDING) - AT SALE PRICE OF $246,000, ON 33
"AS IS" BASIS.
19. DECLARE SURPLUS CITY -OWNED REAL PROPERTY 6/23/98
LOCATED AT 1441 NORTH MIAMI AVENUE (CENTRAL R 98-633
MINI -PARK) - FURTHER DIRECT CITY MANAGER TO 35-37
CLEAN MINI PARK.
20. APPROVE CONVEYANCE BY OFF-STREET PARKING OF 6/23/98
STRIP OF LAND LOCATED WITHIN TRACT 3 OF R 98-634
RIVERSIDE PLAZA - FOR USE AS RIGHT-OF-WAY IN 37-39
CONNECTION WITH SOUTHWEST 2 AVENUE BRIDGE
RECONSTRUCTION PROJECT - FURTHER DIRECT CITY
MANAGER TO EXPLORE POTENTIAL OF USING PRISON
INMATES TO CLEAN CITY PROPERTY AT NO COST TO
CITY.
21. APPROVE DESIGNATING MIAMI STATE ENTERPRISE 6/23/98
ZONE FOR PARTICIPATION IN STATE URBAN JOB TAX R 98-635
CREDIT PROGRAM. 39-42
22. AUTHORIZE / DIRECT CITY MANAGER TO 6/23/98
PARTICIPATE IN PREPARATION OF FEDERAL R 98-636
EMPOWERMENT ZONE ROUND II APPLICATION WITH 42-48
MIAMI-DADE COUNTY - FURTHER DIRECTING
MANAGER TO CONSIDER INTERLOCAL AGREEMENT
WHERE PERCENTAGE OF RESOURCES ARE
ALLOCATED BASED ON POPULATION NEEDS - ALSO
DIRECTING MANAGER TO EXPEDITE STAFFING TO
PROVIDE ASSISTANCE TO COUNTY IN CONNECTION
WITH SAID PROCESS.
23. DISCUSS RESCHEDULING SECOND MEETING IN JULY 6/23/98
FROM JULY 28, 1998 TO JULY 21, 1998. DISCUSSION
48
24. CONTINUED DISCUSSION REGARDING PREPARATION 6/23/98
OF EMPOWERMENT ZONE ROUND II APPLICATION DISCUSSION
WITH MIAMI-DADE COUNTY - DIRECT CITY MANAGER 49
TO PLACE SOMEONE FULL TIME SUCH AS A LOAN
EXECUTIVE ON SAID PROJECT.
25. TABLE CONSIDERATION OF AGENDA ITEM 20 TO 6/23/98
LATER IN SESSION (FIRST READING ORDINANCE: DISCUSSION
AMEND CHAPTER 2, ARTICLE II, OF CODE BY 49
CLARIFYING SECTION 4(G)(6) OF CHARTER:
ADMINISTRATION / MAYOR AND CITY COMMISSION
AS IT RELATES TO TIME WHEN REMOVAL OF CITY
MANAGER BY MAYOR TAKES EFFECT).
26. VICE CHAIRMAN PLUMMER DISCUSSES ORDER OF 6/23/98
AFTERNOON MEETING. DISCUSSION
50
27. DIRECT CITY MANAGER TO STUDY REDUCTION OF 6/23/98
MEDIAN AREA ON SOUTHWEST 8 STREET AND 73 M 98-637
COURT TO PROVIDE ADDITIONAL PARKING SPACES IN 50-52
AREA.
28. AUTHORIZE CITY MANAGER TO EXECUTE 6/23/98
AGREEMENT WITH YMCA FOR PUBLIC SERVICE AIDE - R 98-638
FOR EAST LITTLE HAVANA YOUTH DIVERSION 52-53
PROGRAM.
29. AUTHORIZE GRANTING REVOCABLE LICENSE TO 6/23/98
HYATT EQUITIES, L.L.C. - FOR SUB -LICENSING TO R 98-639
HAMILTON'S RESTAURANT - FOR EXTENSION OF 54-55
PATIO AREA.
30. DISCUSS RESTORATION OF TOWER THEATER -DIRECT 6/23/98
CITY MANAGER TO RETURN TO COMMISSION DISCUSSION
MEETING OF JULY 14, 1998, WITH PRECISE PLAN 55-58
REGARDING CONSTRUCTION PROCESS.
31. DISCUSSION REGARDING MOVING COMMUNITY 6/23/98
REDEVELOPMENT AGENCY OFFICES TO MIAMI DISCUSSION
RIVERSIDE CENTER. 58
32. INSTRUCT CITY MANAGER TO PAVE LOTS 6/23/98
DESIGNATED CITY/CRA LAND AND OWNED BY NOT- R 98-640
FOR -PROFITS ABUTTING NORTHWEST 3 AVENUE 59
BETWEEN NORTHWEST 8 STREET AND NORTHWEST 14
STREET (HISTORIC OVERTOWN PRIORITY BUSINESS
CORRIDOR) - FOR PURPOSES OF PROMOTING
BUSINESS DEVELOPMENT IN AREA.
33. CONFIRM RESOLUTION 98-626 - ACCEPT PLAT 6/23/98
ENTITLED BRICKELL CHASE. M 98-641
60
34. AUTHORIZE CITY MANAGER TO EXECUTE 6/23/98
REVOCABLE LICENSE AGREEMENT WITH BAYFRONT R 98-642
VENTURES, INC. - FOR WAREHOUSE SPACE AT 63
MILDRED AND CLAUDE PEPPER BAYFRONT PARK.
35. AUTHORIZE CITY MANAGER TO EXECUTE MUTUAL 6/23/98
AID AGREEMENT WITH SCHOOL BOARD OF MIAMI R 98-643
DADE COUNTY - FOR RENDERING OF MUTUAL AID 64
FOR LAW ENFORCEMENT.
36. DIRECT CITY MANAGER TO REVIEW RETURN OF 6/23/98
YOUTH GROUP TO SEMINOLE DOCKS IN ORDER TO DISCUSSION
ASSIST PUBLIC WITH THEIR BOATS. 65
37. BRIEF DISCUSSION REGARDING APPOINTMENT TO 6/23/98
BAYSIDE MINORITY FOUNDATION. DISCUSSION
65-66
38. APPOINT PAUL SINGERMAN TO BAYFRONT PARK 6/23/98
MANAGEMENT TRUST. R 98-644
66
39. BRIEF DISCUSSION REGARDING APPOINTMENT OF 6/23/98
CHARLES FLOWERS TO ZONING BOARD. DISCUSSION
67
40. CONTINUED DISCUSSION REGARDING AGENDA ITEM 3 6/23/98
(APPROVE PURCHASE OF FLEET MANAGEMENT DISCUSSION
SOFTWARE SYSTEM). 67-68
41 COMMENTS FROM VICE CHAIRMAN PLUMMER 6/23/98
REGARDING NEED TO REVIEW AND REORGANIZE NET DISCUSSION
OFFICES 68
42.
. DISCUSS - SCHEDULE SPECIAL COMMISSION
6/23/98
MEETING FOR JUNE 30, 1998, AT 10 A.M. IN
M 98-645
CONNECTION WITH FIVE YEAR PLAN FOR FISCAL
68-69
YEAR 1999 THROUGH 2O03.
43.
DISCUSS RESCHEDULING JULY 28, 1998 PLANNING
6/23/98
AND ZONING COMMISSION MEETING TO JULY 21, 1998.
DISCUSSION
69-71
44.
FIRST READING ORDINANCE: EVALUATION AND
6/23/98
APPRAISAL REPORT (EAR) -BASED AMENDMENT TO
FIRST READING
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
ORDINANCE
2000) (MCNP) -- FOR PURPOSES OF AMENDING TEXT OF
71-72
GOALS, OBJECTIVES AND POLICIES OF CERTAIN
ELEMENTS - APPLICANT: PLANNING AND
DEVELOPMENT.
45.
FIRST READING ORDINANCE: AMEND ORDINANCE
6/23/98
10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD
FIRST READING
PLAN, 1989-2000) BY AMENDING INTERPRETATION OF
ORDINANCE
FUTURE LAND USE MAP SECTION OF GOALS,
72-73
OBJECTIVES AND POLICIES - FOR PURPOSES OF
ADDING NEW LAND USE CLASSIFICATIONS:
RESTRICTED PARKS AND RECREATION AND MARINE
FACILITIES - APPLICANT: PLANNING AND
DEVELOPMENT.
46.
DENY PROPOSED FIRST READING ORDINANCE TO
6/23/98
AMEND ORDINANCE 10544 FROM DUPLEX
M 98-646
RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY
73-81
RESIDENTIAL - LOCATION: 5100 & 5110 NORTHWEST 1
STREET & 40 NORTHWEST 51 AVENUE - APPLICANT:
CARLOS M. HERNANDEZ.
47.
DENY FIRST READING ORDINANCE TO AMEND
6/23/98
ORDINANCE 11000 FROM R-2 TWO-FAMILY
M 98-647
RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM DENSITY
82
RESIDENTIAL TO CHANGE ZONING ATLAS -
LOCATION: 5100 & 5110 NORTHWEST 1 STREET & 40
NORTHWEST 51 AVENUE - APPLICANT: CARLOS M.
HERNANDEZ.
48.
DENY APPEAL OF ZONING BOARD DECISION DENYING
6/23/98
VARIANCES TO PERMIT SETBACKS FOR EXISTING
R 98-648
ADDITION TO SINGLE FAMILY RESIDENCE -
82-86
LOCATION: 1520 SOUTHWEST 11 STREET - APPLICANT:
JESUS AND OFELIA GRANDA.
49.
CONTINUE CONSIDERATION OF AGENDA ITEM PZ-4
6/23/98
(APPEAL FOR RELIEF FROM IMPACT FEES FOR
M 98-649
PROPERTY AT 3000 SOUTHWEST 3 AVENUE -
86-92
MONTSERRAT APARTMENTS) TO MEETING OF JULY 21,
1998.
50.
APPROVE OFFICIAL VACATION AND CLOSURE OF
6/23/98
PRIVATE RIGHT-OF-WAY - LOCATION: 501 BRICKELL
R 98-650
BAY DRIVE - APPLICANT: SWIRE BRICKELL KEY
92-93
HOTEL, LTD.
51.
SECOND READING ORDINANCE: AMEND ORDINANCE
6/23/98
11000, ARTICLE 4, SECTION 401, SCHEDULE OF
ORDINANCE
DISTRICT REGULATIONS - AMEND ZONING ATLAS
11668
FROM O OFFICE TO SD-5 BRICKELL AVENUE AREA
93-94
RESIDENTIAL - OFFICE DISTRICT - LOCATION: 194-218
SOUTHWEST 14 STREET - APPLICANT: BAYHAVEN
INVESTMENTS, INC.
52.
SECOND READING ORDINANCE AMENDING
6/23/98
ORDINANCE 10544, COMPREHENSIVE NEIGHBORHOOD
ORDINANCE
PLAN - AMEND FUTURE LAND USE MAP - CHANGE
11669
LAND USE DESIGNATION - LOCATION: 3615
95-96
NORTHWEST 23 COURT - APPLICANT: DWAIN
HIGGINBOTHAM.
53.
SECOND READING ORDINANCE AMENDING
6/23/98
ORDINANCE 11000, ARTICLE 4, SECTION 401,
ORDINANCE
SCHEDULE OF DISTRICT REGULATIONS - AMEND
11670
ZONING ATLAS - CHANGE PROPERTY DESIGNATION
97
FROM R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-2 LIBERAL COMMERCIAL -
LOCATION: 3615 NORTHWEST 23 COURT - APPLICANT:
DWAIN HIGGINBOTHAM.
54. APPROVE SECOND READING ORDINANCE AMENDING
ORDINANCE 10544 FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL TO CHANGE FUTURE
LAND USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN - LOCATION: 3188 SOUTHWEST
18 STREET & 1801 SOUTHWEST 32 AVENUE -
APPLICANT: PLANNING AND DEVELOPMENT.
55. SECOND READING ORDINANCE: AMEND ORDINANCE
11000, FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL TO CHANGE ZONING
ATLAS - LOCATION: 3188 SOUTHWEST 18 STREET &
1801 SOUTHWEST 32 AVENUE - APPLICANT: PLANNING
AND DEVELOPMENT.
56. SECOND READING ORDINANCE AMENDING
ORDINANCE 10544 FROM MAJOR INSTITUTIONAL,
PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES
TO RESTRICTED COMMERCIAL TO CHANGE FUTURE
LAND USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN - LOCATION: 900 SOUTHWEST 1
STREET (MANUEL ARTIME AUDITORIUM) -
APPLICANT: PLANNING AND DEVELOPMENT.
57. SECOND READING ORDINANCE AMENDING
ORDINANCE 11000, FROM G/I GOVERNMENT AND
INSTITUTIONAL TO C-1 RESTRICTED COMMERCIAL TO
CHANGE ZONING ATLAS - LOCATION: 900
SOUTHWEST 1 STREET (MANUEL ARTIME
AUDITORIUM) - APPLICANT: PLANNING AND
DEVELOPMENT.
6/23/98
ORDINANCE
11671
98
6/23/98
ORDINANCE
11672
99
6/23/98
ORDINANCE
11673
100
6/23/98
ORDINANCE
11674
101
58. BRIEF DISCUSSION REGARDING BOBBY MADURO 6/23/98
STADIUM. DISCUSSION
102-103
59. (A) CONTINUE CONSIDERATION OF AGENDA ITEM 6/23/98
PZ15 (PROPOSED SECOND READING ORDINANCE TO M 98-651
CHANGE FUTURE LAND USE ELEMENT OF 103-104
COMPREHENSIVE NEIGHBORHOOD PLAN TO GENERAL
COMMERCIAL) TO COMMISSION MEETING OF JULY 21,
1998.
(B) CONTINUE CONSIDERATION OF AGENDA ITEM
PZ 16 (CHANGE ZONING DESIGNATION TO C-2 LIBERAL
COMMERCIAL AT 1975 NORTHWEST 12 AVENUE -
PROPERTY MAINTENANCE SITE) TO COMMISSION
MEETING OF JULY 21, 1998.
60. SECOND READING ORDINANCE AMENDING
ORDINANCE 11000, FROM G/I GOVERNMENT AND
INSTITUTIONAL TO 3-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL TO CHANGE ZONING ATLAS -
LOCATION: 2301 NORTHWEST 10 AVENUE (BOBBY
MADURO STADIUM) - APPLICANT: PLANNING AND
DEVELOPMENT.
61. SECOND READING ORDINANCE TO AMEND ARTICLE 4,
SECTION 401 OF ZONING ORDINANCE 11000 - TO
ALLOW PROCESSING / PACKAGING / HANDLING /
DISTRIBUTION AND WHOLESALE AND RETAIL SALES
OF SEAFOOD PRODUCTS AS CONDITIONAL PRINCIPAL
WITHIN C-1 RESTRICTED COMMERCIAL ZONING
DESIGNATION - APPLICANT: PLANNING AND
DEVELOPMENT.
62. SECOND READING ORDINANCE TO AMEND ARTICLE 9,
SECTION 926 OF ORDINANCE 11000 - TO ALLOW SIGNS
OF GRAPHIC OR ARTISTIC VALUE (INCLUDING
MURALS) WITHIN SD-6, SD-6.1 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICTS AND CBD
CENTRAL BUSINESS DISTRICT BY CLASS Il SPECIAL
PERMIT, WITH COMMISSION APPROVAL - APPLICANT:
PLANNING AND DEVELOPMENT.
63. SECOND READING ORDINANCE TO AMEND CHAPTER
35, ARTICLE VIII; VALET PARKING OF CODE -
ESTABLISH VALET PARKING WITHIN SD-5 BRICKELL
AVENUE AREA RESIDENTIAL -OFFICE DISTRICT, SD-6
CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS, SD-
7 CENTRAL BRICKELL RAPID TRANSMIT
COMMERCIAL -RESIDENTIAL DISTRICTS - APPLICANT:
PLANNING AND DEVELOPMENT.
64. SECOND READING ORDINANCE TO AMEND CHAPTER 4
OF CODE - ADD SECTION 4-13: CENTRAL BUSINESS
DISTRICT DISTANCE REQUIREMENTS TO PERMIT
LIQUOR SALE IN RESTAURANTS, CAFES, CAFETERIAS
AND DELIS SEATING 50 OR MORE - LOCATION CBD
CENTRAL BUSINESS DISTRICT - APPLICANT:
PLANNING AND DEVELOPMENT.
6/23/98
ORDINANCE
11675
104-105
6/23/98
ORDINANCE
11676
105-106
6/23/98
ORDINANCE
11677
106-109
6/23/98
ORDINANCE
11678
109-111
6/23/98
ORDINANCE
11679
111-112
65. CONTINUE CONSIDERATION OF AGENDA ITEM PZ22
(PROPOSED AMENDMENT OF MASTER AND
INCREMENT I DEVELOPMENT ORDERS OF
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL
IMPACT OT SHIFT SCALE OF DEVELOPMENT
ACTIVITY) TO COMMISSION MEETING OF JULY 21,
1998.
66. (A) RECONSIDER AGENDA ITEM PZ-3, RESOLUTION 98-
648 WHICH DENIED APPEAL.
(B) CONTINUE CONSIDERATION OF AGENDA ITEM PZ-3
(APPEAL OF ZONING BOARD DECISION REGARDING
VARIANCE TO PERMIT REDUCED SETBACKS FOR
ADDITION - LOCATION: 1520 SOUTHWEST 11 STREET)
TO COMMISSION MEETING OF JULY 21, 1998.
6/23/98
M 98-652
113
6/23/98
M 98-653
M 98-654
114-116
67. RESCHEDULE COMMISSION MEETING OF JULY 28, 1998 6/23/98
TO JULY 21, 1998. M 98-655
116
68. APPROVE / CONFIRM CITY MANAGER'S WAIVING OF 6/23/98
COMPETITIVE SEALED BIDS - FOR PURCHASE OF R 98-656
FLEET MANAGEMENT SOFTWARE SYSTEM - FOR 117-118
GENERAL SERVICES ADMINISTRATION AND FIRE -
RESCUE - ALLOCATE $75,000.00 FROM CAPITAL
IMPROVEMENT PROGRAM PROJECT 311604.
69. MANUEL GONZALEZ-GOENAGA REQUESTS BACKUP 6/23/98
PAPERS FOR AGENDA ITEMS 7 AND 14. DISCUSSION
118-120
70. APPOINT POLICE CHIEF DONALD WARSHAW INTERIM 6/23/98
CITY MANAGER FOR 30 DAYS -FURTHER DIRECT CITY R 98-657
ATTORNEY AND CITY MANAGER TO ASCERTAIN 120-125
SEPARATION OF UNIFORM AND CIVILIAN POWERS IN
MATTERS THAT CAN CAUSE CONFLICT OF INTEREST
BETWEEN POLICE AND THE ADMINISTRATION.
71. (A) DISCUSS PROPOSED CITY OF MIAMI FIVE YEAR 6/23/98
PLAN FOR FISCAL YEAR 1999 THROUGH 2O03 - DISCUSSION
FURTHER COMMENTS FROM VICE CHAIRMAN 125-155
PLUMMER RELATED TO THE FOLLOWING CONCERNS:
TAX ASSESSMENTS / POLICE OVERTIME / COST OF
SANITATION SERVICES / CODE ENFORCEMENT / NEED
FOR 150 ADDITIONAL PUBLIC SERVICE AIDES BY
NEXT YEAR.
(B) COMMENTS REGARDING NEED TO CONTINUE LOT
CLEARANCE CITYWIDE.
(C) COMMENTS ON NEED TO CLARIFY AND
UNDERSTAND PROPOSED CORE INITIATIVES.
(D) DISCUSSION REGARDING PROPOSED CITY
BUDGET.
(E) COMMENTS RELATED TO TIPPING FEES AND NEED
TO ENFORCE APPRAISALS OF CITY PROPERTIES.
(F) COLLECTION.
(G) EMPOWERMENT ZONES.
(H) NET OFFICES.
(I) EMPLOYEE TRAINING.
(J) IDENTIFY STRATEGIC OPERATIONAL PLAN.
(K) MICROLOANS / MIAMI CAPITAL.
(L) INFORMATION ON STATUS OF CITY BUDGET.
(M) NEW CONSTRUCTION.
(N) DEFICIT / GATES CASE.
(0) RECURRING REVENUES.
(P) DEPARTMENT OF OFF STREET PARKING METER
REVENUES.
72. APPROVE SELECTION OF HOLLAND & KNIGHT AS 6/23/98
BOND COUNSEL FOR OFF-STREET PARKING AT $25,000 R 98-658
PLUS EXPENSES. 155-158
73. MODIFY FIRST READING ORDINANCE AMENDING
CHAPTER 2, ARTICLE II OF CODE: ADMINISTRATION /
MAYOR AND CITY COMMISSION - CLARIFY SECTION
4(G)(6) OF CHARTER RELATED TO EFFECTIVE DATE OF
REMOVAL OF CITY MANAGER BY MAYOR - FURTHER
DISCUSSION FROM COMMISSIONER TEELE
REGARDING FUTURE CHARTER AMENDMENT TO END
CITY MANAGER'S TERM WITH ELECTION OF NEW
MAYOR.
74. DISCUSSION REGARDING RECREATIONAL YOUTH
FACILITY AT VIRRICK GYM.
6/23/98
FIRST READING
ORDINANCE
158-169
6/23/98
DISCUSSION
169-172
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MUM, FLORIDA
On the 23rd 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 10:01 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)
Vice Chairman J.L. Plummer, Jr.
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.
1. I) SCUSS ITEMS T(? BE WITHDRAWN FROM CONSENT AGENDA.
Vice Chairman Plummer: This is the Regular City Commission Meeting of June the 23rd. We have no
minutes to approve, is that correct, Mr. Clerk?
Mr. Walter Foeman (City Clerk): Yes, it is.
Vice Chairman Plummer: We're now on the Consent Agenda. Are there any items to be pulled off of the
Consent Agenda?
Commissioner Regalado: I have an item but on the regular agenda.
Vice Chairman Plummer: All right. What item do you wish to pull?
Commissioner Regalado: It's not on the Consent Agenda, Mr. Chairman.
June 23, 1998
Vice Chairman Plummer: I'm sorry?
Commissioner Regalado: It's not on the Consent Agenda.
Vice Chairman Plummer: All right. Mr. City Attorney, I'm not going to pull CAI but, in fact, CA- 1... I
think you'll go to the old policy ... its only for a one -block co -designation, not for three or four blocks.
Anyone wishing to speak of the Commissioners? No questions on any of the CA Consent? Mr. Manny,
Boom -Boom, you have a few minutes.
Mr. Manuel Gonzalez Goenaga: Less than two.
Vice Chairman Plummer: All right.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez Goenaga. I reside in 2469 Southwest 14th Street.
In the Consent agenda, out of 13... 16 items, I wish to speak on 5, 6, 7, 10, 11, 12, 13, 14. Of course, by the
time I mention these names, I will be finish. Anyway, Number 14, flex cuffs, thirty one thousand dollars
($31,000.00). Red carpeting. Oh, come on, babies. You know, I understand that the problem here is the
lack of money. It's a lack of good administrators. Yet, we're willing to spend money on superfluous things
like a beautiful red carpet for the Police Department. Let me tell you, I have been there many times. It will
cost much more to clean those damn carpets. Why don't we use a normal broom to clean and we are not in a
position. This is the first poorest city in the whole nation of the United States of America and the one that
best pays his employees. You get even paid better if you retire and then they leave like (inaudible) with
beautiful cars, purchased every other year. And now red carpeting. I ... I don't think it's proper. Let's face it.
We have to leave reality. We do have a carpet here but we are the owners of the city and let me tell you, I
do not think that the Police Department, who are to protect and serve the citizens, should have red carpeting
in this city. They are very well -paid and they have to play the hard ball. And then another issue.
Barricades. Trunk organizers. What they have to organize is their heads, not the trunks.
Vice Chairman Plummer: Manny, you're getting off track.
Mr. Gonzalez-Goenaga: The baggage, that's CA ... CA-5. Baggage and in sickness. I ... I ... let me tell you,
LA ... the best baggage is honesty, integrity and responsibility and transparency. Thank you very much.
Vice Chairman Plummer: Thank you, sir. And if you weren't arrested so many times, we wouldn't need as
many flex cuffs.
Vice Chairman Plummer: I'm going to pull CA-13 and I want to go out to a bidding on that. See if we can't
get a local City of Miami company. That's an awful lot of money. Four hundred... almost four hundred
thousand dollars ($400,000.00). If there's no company in the city that can't provide it, then we'll go back to
the State contract but I happen to be an old timer that says, I spend my money where I made it. They want
City business, let them move into the city. Any other discussion? Any other items?
Commissioner Gort: Also pull that one too.
Vice Chairman Plummer: OK. Mr. Gort also wanted it pulled for the record.
2 June 23, 1998
3. CONSENT AGENDA.
Vice Chairman Plummer: Anybody wishing to discuss any of the Consent Agenda Items? Seeing none, is
there a motion to accept, with the exception of 13.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. All in favor say "aye." No objection.
Show unanimous vote.
The Commission (Collectively): Aye.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER
DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED AS A
REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER GORT
AND SECONDED BY COMMISSIONER REGALADO, THE
CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING
VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
RESOLUTION NO.98-613
A RESOLUTION CO -DESIGNATING SOUTHWEST 9TH AVENUE,
FROM SOUTHWEST 2ND STREET TO NORTHWEST 2ND STREET,
MIAMI, FLORIDA, AS "FERNANDO SOTO-HERNANDEZ
AVENUE"; FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC
WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED OFFICES.
June 23, 1998
3 .21.1,PPROVE PURCHASE OF MICROFILM DIGITAL WORKSTATION AND ACCESSORIES'
FROM
;M IOLT . BUSINESS, INC. -FOR OFFICE OF CITY CLERK - ALLOCATE $I8,3 4.00"FROM
CIP PROJECT,
RESOLUTION NO.98-614
A RESOLUTION APPROVING THE FURNISHING AND
INSTALLATION OF A MICROFILM DIGITAL WORKSTATION
(MICRODAX 3000) AND ACCESSORIES FROM MINOLTA
BUSINESS SYSTEMS, INC., UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 5048-4/00-2, FOR THE CITY CLERK'S
OFFICE, AT A TOTAL COST NOT TO EXCEED $18,300.00;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 11033-229401-840,
"CITY CLERK'S OFFICE MICROFILM ENHANCEMENTS.
RESOLUTION NO.98-615
A RESOLUTION ACCEPTING THE BID OF MEARS MOTOR
LIVERY CORP., DB/A MEAR MOTOR LEASING FOR THE
LEASING OF THREE COMPACT VEHICLES, ON A CONTRACT
BASIS FOR 36 MONTHS, FOR THE DEPARTMENT OF FIRE -
RESCUE, AT A TOTAL ANNUAL COST NOT TO EXCEED
$10,250.28; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NOS. 104012.280556.6.610 ($6,833.52) AND
183011.450392.6.610 ($3,416.76).
3.4 AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT TO MOTOROLA CONTRACT -
FOR PROVISION AND INSTALLATION OF ADDITIONAL HARDWARE - FOR PHASE H OF FIRE'
STATION ALERTING SYSTEM UPGRADE -TOR FIRE -RESCUE - ALLOCATE $4,Ot.00 FROM
ACGOUN'I 0010000280401.6.850.
RESOLUTION NO.98-616
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO THE CONTRACT WITH MOTOROLA, INC.,
THEREBY INCREASING THE SCOPE OF WORK AND
COMPENSATION THEREFOR, IN AN AMOUNT NOT TO EXCEED
$4,000, FOR THE PROVISION AND INSTALLATION OF
ADDITIONAL HARDWARE FOR PHASE II OF THE FIRE STATION
ALERTING SYSTEM UPGRADE, FOR THE DEPARTMENT OF
FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF FIRE -RESCUE'S GENERAL FUND, ACCOUNT
CODE NO. 00 1000.280401.6.850.
4 June 23, 1998
RESOLUTION NO.98-617
A RESOLUTION ACCEPTING THE BID OF JONES EQUIPMENT
COMPANY, INC., FOR THE PROCUREMENT OF BADGES,
INSIGNIAS, AND WALLETS, ON AN AS -NEEDED, WHEN -NEEDED
CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO
EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT A
TOTAL ANNUAL COST NOT TO EXCEED $22,203.88, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 00 1000.290201.6.075.
RESOLUTION NO.98-618
A RESOLUTION ACCEPTING THE BID OF LAWMEN'S &
SHOOTERS' SOUTH, INC., FOR THE PROCUREMENT OF TRUNK
ORGANIZERS, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT
BASIS FOR ONE YEAR, WITH THE OPTION TO EXTEND FOR
TWO ADDITIONAL ONE-YEAR PERIODS, AT A TOTAL ANNUAL
COST NOT TO EXCEED $12,100.00, FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 00 1000.290201.6.722.
3.7 ACCEPT BIDS: ROADBLOCKS, INC AND BOB'S BARRICADES, INC, FOR BARRICADE'
RENTAL SERVICES - FOR POLICE - ALLOCATE S10,000.0I FROM ACCOUNT'
001000 290201.6.27%
RESOLUTION NO.98-619
A RESOLUTION ACCEPTING THE BIDS OF ROADBLOCKS, INC.,
AND BOB'S BARRICADES, INC., FOR THE PROCUREMENT OF
BARRICADE RENTAL SERVICES ON AN AS -NEEDED, WHEN -
NEEDED CONTRACT BASIS FOR THE DEPARTMENT OF POLICE,
FOR ONE YEAR WITH THE OPTION TO EXTEND FOR TWO
ADDITIONAL ONE-YEAR PERIODS, AT A TOTAL ANNUAL
AMOUNT NOT TO EXCEED $10,000.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 00 1000.290201.6.270.
June 23, 1998
3.8 ACCEPT FINDINGS OF SELECTION COMMITTEE OF BELLSOUTH BUSINESS SYSTEMS -
FOR FRAME RELAY NETWORK SERVICES - FOR CFTY'S COMMUNICATIONS
INFRASTRUCTURE ALLOCATE $300,000.00 MAXIMUM FROM FiR&"SCUECAPITAL'
IlvE'ROVi 11!1 T PROJECT 313232.
RESOLUTION NO.98-620
A RESOLUTION ACCEPTING THE FINDINGS OF THE SELECTION
COMMITTEE THAT, PURSUANT TO THE REQUEST FOR
PROPOSALS ("RFP"), BELLSOUTH BUSINESS SYSTEMS, IS THE
MOST QUALIFIED PROVIDER OF FRAME RELAY NETWORK
SERVICES FOR THE CITY OF MIAMI'S COMMUNICATIONS
INFRASTRUCTURE; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH BELLSOUTH
BUSINESS SYSTEMS FOR AN INITIAL PERIOD OF THREE YEARS,
AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $300,000,
WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-
YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF FIRE -RESCUE CAPITAL IMPROVEMENT
PROJECT NO.313232, ACCOUNT CODE NO.289401840 AND, WITH
PRIOR BUDGETARY APPROVAL, FROM THE BUDGETS OF THE
USING DEPARTMENTS.
RESOLUTION NO.98-621
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER TO APPROVE THE FINDINGS OF THE
EVALUATION COMMITTEE, PURSUANT TO A REQUEST FOR
PROPOSALS, AS TO THE MOST QUALIFIED FIRMS, IN RANK
ORDER: 1) GENUINE PARTS COMPANY D/B/A NAPA AUTO
PARTS, AND 2) PAPCO AUTO PARTS SOUTH, INC., TO PROVIDE
IN-HOUSE PARTS OPERATION FOR THE DEPARTMENTS OF
GENERAL SERVICES ADMINISTRATION AND FIRE -RESCUE, FOR
AN INITIAL PERIOD OF TWO YEARS, WITH THE OPTIONS TO
EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE
TOP RANKED FIRM, GENUINE PARTS COMPANY D/B/A NAPA
AUTO PARTS, AN AGREEMENT WHICH IS FAIR, COMPETITIVE,
AND REASONABLE; DIRECTING THE CITY MANAGER TO
PRESENT SAID NEGOTIATED AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY
COMMISSION FOR FINAL APPROVAL; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE WITH THE REMAINING
FIRM SHOULD NEGOTIATIONS FAIL WITH THE TOP RANKED
FIRM.
6 June 23, 1998
3 W ACCEPT BID: GRAPHIC DESIGNS INTERNATIONAL, INC. -.FOR DECALS' AND STRIPING -'.
FOR FLEET VEHICLES - I FOR GENERAL SERVICES ADMINISTRATION, ALLOCATE $45.414.47'
FROKCAPITAI.IMPROVEMENT PROJECT 311850.
RESOLUTION NO.98-622
A RESOLUTION ACCEPTING THE BID OF GRAPHIC DESIGNS
INTERNATIONAL, INC., FOR THE FURNISHING AND
INSTALLATION OF DECALS AND STRIPING FOR FLEET
VEHICLES, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT
BASIS FOR ONE YEAR, WITH THE OPTION TO EXTEND FOR
TWO ADDITIONAL ONE-YEAR PERIODS, AT A TOTAL ANNUAL
COST NOT TO EXCEED $45,414.47, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO.311850, "REPLACEMENT OF CITY-WIDE FLEET."
RESOLUTION NO.98-623
A RESOLUTION ACCEPTING THE BID OF MARDEL
ENTERPRISES, INC., DB/A MARDEL PHOTO SUPPLY; FOR THE
PROCUREMENT OF PHOTOGRAPHIC SUPPLIES CITY-WIDE, ON
AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE
YEAR WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL
ONE-YEAR PERIODS, AT A TOTAL ANNUAL COST NOT TO
EXCEED $160,000.00; ALLOCATING FUNDS THEREFOR FROM
THE VARIOUS USING CITY DEPARTMENTS' OPERATING
BUDGETS AT TIME OF NEED, AND WITH PRIOR BUDGETARY
APPROVAL.
RESOLUTION NO.98-624
A RESOLUTION ACCEPTING THE BIDS OF BELL & SON FENCE
CO.; WARREN FENCE COMPANY, INC., AZTEC ROOFING CO.,
AND C & F DECORATING SERVICE FOR THE FURNISHING AND
INSTALLATION OF CHAIN LINK FENCING CITY-WIDE, ON AN
AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE YEAR
WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-
YEAR PERIODS, AT A TOTAL ANNUAL COST NOT TO EXCEED
$120,000.00; ALLOCATING FUNDS THEREFOR FROM THE
VARIOUS USING CITY DEPARTMENTS' OPERATING BUDGETS
AT TIME OF NEED.
June 23, 1998
RESOLUTION NO.98-625
A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT
WITH OMB POLICE SUPPLY, IN THE AMOUNT OF $4,500, FROM
$26,798 TO $31,298, FOR THE FURNISHING OF FLEX CUFFS AND
EVIDENCE TAPE FOR THE POLICE DEPARTMENT; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.719.
3.14 INCREASE CONTRACT WITH OMB' POLICE SUPPLY FOR FLEX CUFFS'AND EVIDENCE'
TAPE — ,FOR POLICE DEPARTMENT' - ALLOCATE $4 500.00 FROM POLICE ACCOUNT.
001000.290201.6.719.
RESOLUTION NO.98-626
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED BRICKELL CHASE, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
3.15 ACCEPT PLAT: BRICKELL CHASE.
RESOLUTION NO.98-627
A RESOLUTION APPROVING THE PURCHASE OF COMPUTER -
BASED TRAINING SOFTWARE FROM EXECUTRAIN OF
FLORIDA, IN AN AMOUNT NOT TO EXCEED $10,000, UNDER
STATE OF FLORIDA CONTRACT NO. 973890981, FOR THE
DEPARTMENT OF COMMUNITY DEVELOPMENT, WORKFORCE
DEVELOPMENT DIVISION, TO PROVIDE TRAINING FOR
PROGRAM PARTICIPANTS; ALLOCATING FUNDS THEREFOR
FROM MIAMI-DADE WAGES COALITION FUND, ACCOUNT NO.
184089-454006-840.
June 23, 1998
4. RATIFY / APPROVE / CONFIRM CITY 'MANAGER'S SOLE SOURCE FINDING — FOR
PROCUREMENT OF XGEN SOFTWARE MAINTENANCE SERVICE' FROM OPEN WARE
TECHNOLOGIES, INC. — FOR INFORMATION TECHNOLOGY _ ALLOCATE $16,078.08 FROIVI
ACCOUNT 001000.460101.6.670.
Vice Chairman Plummer: We are now up to Item 2.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Plummer: Item 2 is the Sole Source for Software Maintenance. Is there a resolution? If
there's no discussion, is there's a motion?
Commissioner Gort: I have a question.
Vice Chairman Plummer: Mr. Gort, a question.
Commissioner Gort: Move it for discussion.
Vice Chairman Plummer: Move it for discussion. Seconded by...
Commissioner Regalado: Second.
Vice Chairman Plummer: Mr. Regalado. Under discussion? Mr. Gort.
Commissioner Gort: Two years ago, when we were talking about the different softwares, and hardwares
and equipment that we were going to buy, one of the things we requested up here is to make sure that we
could have the equipment and software that could be integrated. Is there any particular reason why this one
has got to be sole source?
Mr. Aldo Stancato (Interim Director of Department of Information Technology): Yes, sir. This is ... Aldo
Stancato, Information Technology. This is the programming language that we use on the main frame and
there is no other. We've been using this since about the mid'80s and ... excuse me. And its sole source, they
are the only ones that provide the maintenance for it.
Commissioner Gort: This is for the maintenance that ... when we provided the —did we make changes in main
frame about two years ago?
Mr. Stancato: No, we haven't ... we haven't done any changes.
Vice Chairman Plummer: No. You got it coming up.
Mr. Stancato: The main frame right now is about 10 years old.
Commissioner Gort: OK. OK. Thank you.
Vice Chairman Plummer: OK. Any other questions? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show unanimous.
9 June 23, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-628
A RESOLUTION, BY A 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 XGEN SOFTWARE MAINTENANCE
SERVICE FROM OPENWARE TECHNOLOGIES, INC., THE SOLE
SOURCE PROVIDER OF THIS SERVICE, FOR THE DEPARTMENT
OF INFORMATION TECHNOLOGY, FOR ONE YEAR, AT FIRST
YEAR COST NOT TO EXCEED $16,078.08, WITH THE OPTION TO
EXTEND FOR FOUR ADDITIONAL ONE-YEAR PERIODS AT A
RE -NEGOTIATED COST, ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 00 1000.460101.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer: I'm going to deviate. Robin, I don't where you are on here but you're a busy lady
and you do an awful good job as a volunteer and I'm not going to make you wait any longer. How long do
you need approximately?
Ms. Robin Reiter (Co -Chair of WAGES [Work and Gains Self -Sufficiency] Coalition Work and Gains Self
Sufficiency): Five minutes.
Vice Chairman Plummer: You're on.
Ms. Reiter: Thank you for your time.
10 June 23, 1998
Vice Chairman Plummer: Start off, please, with your name and mailing address.
Ms. Reiter: My name is Robin Reiter. I ... my office resides at 150 Southeast 2nd Avenue, for the Wages
Coalition, Miami, Florida.
Vice Chairman Plummer: That's good enough.
Ms. Reiter: Three three one three one. I co-chair the Wages Coalition with Mayor Alex Pinelas, who sends
his regrets that he couldn't be here today. Part of what we're trying to do to all of the major municipalities is
provide an update on where the Wages Coalition is and to remind every municipality that, within their
municipality, there are people who are going to begin losing their welfare benefits as of October 1st.
We ... we have estimated that approximately thirty-four hundred people in Miami -Dade County are going to
begin to lose their welfare benefits, beginning October 1 st, 1998. That translates to about 678 people within
the 13 zip codes for the City of Miami. We're tracking those people. We're targeting those people. We
want to ensure two things. One, we want to ensure that they're already involved in the Wages Coalition
Initiative; that they're in a job training or job placement program or two, if they haven't entered the system,
we want to try to fast track them. There is still a tremendous disconnect among some people who have been
receiving welfare benefits, that they're going to lose these benefits. They don't quite believe that this is
actually going to happen. I'm very pleased to report that the City of Miami, under the direction of Gwen
Warren and David Black, received one of the largest appropriations from the Wages Coalition. It was
approximately one point five million dollars ($1,500,000.00) to do a ... a Job's First and Training Program.
Your program has already provided almost 20 percent of the participants working in that program with
unsubsidized employment, which is the aim of the Wages Coalition. We are a work first program. So your
program, although it got off to a little bit of a slower start because there were so many changes within the
City of Miami, they have just fast tracked the program and they've done everything that they've promised
and I'm very pleased to be able to report to you today that the City of Miami and the program under Gwen
Warren and David Black has really taken off and, as a resident of the City of Miami, I'm very pleased with
that. I'm also here to ask you or to tell you ... to remind you that the City has an additional appointment to the
Wages Coalition Board, which should be filled. I don't recall who was on but the person resigned several
months ago, so you have a vacancy that should be filled by a representative of the private sector, and that
appointment can be made by your ... City Manager or by the pleasure of the Commission but we'd like that
person as soon as possible because the Coalition is at an important juncture right now. We received almost
everything we requested from the State Legislature, which means, by July 1st and then October 1st, we'll be
operating under a whole new process and so we've had very good participation from the current members of
the Coalition and it's important to me that we have a representative from the City of Miami. I'd like to take a
moment to introduce Brian Flemming, who is the Executive Director of the Wages Coalition.
Vice Chairman Plummer: Robin, let me stop you. The indication was, the vacancy was previously an
elected official.
Ms. Reiter: I don't...
Vice Chairman Plummer: Is that correct? And I just want to make sure because I want to get that vacancy
filled and...
Ms. Reiter: It's my understanding that it was Commissioner Hernandez' appointment.
Vice Chairman Plummer: To the Wages Board or to the JEP (Jobs and Education Partnership)?
Ms. Reiter: To the Wages Board.
11 June 23, 1998
Vice Chairman Plummer: So then...
Ms. Reiter: It's vacant.
Vice Chairman Plummer: OK. But she said the private sector. That's why I'm trying to get an absolute
determination whether one of us can serve on it...
Ms. Reiter: It was never filled.
Vice Chairman Plummer: Which we're not the private sector.
Unidentified Speaker: No.
Vice Chairman Plummer: Or is it mandated that it has to be the private sector so we can get a person,
regardless of where its got to come from.
Ms. Reiter: We can double check but the matrix that we just received, shows that it's a private sector
appointment, but I'm happy to go back and double check.
Vice Chairman Plummer: Would you let Gwen know, please?
Ms. Reiter: We will let Gwen Warren know.
Vice Chairman Plummer: We'll get it filled maybe even today.
Ms. Reiter: Perfect. We will let her know within the hour. Not a problem.
Vice Chairman Plummer: Thank you. Go ahead and proceed.
Ms. Reiter: Thank you. And to just ... once again, I was introducing Brian Flemming, who's our Executive
Director, to let you know that we're active, were involved, we're committed to making this process work.
We have been very successful at the Wages Coalition but we have a far piece to go. We've received our
appropriation. We are going back to the State Wages Board to ask for additional funding because we were
never given enough funding to accommodate all of the needs in Metro -Dade County and we want to ensure
that we have enough funding. There was left over money at the State level for Welfare Reform Initiatives
and we are pursuing that additional funding with vigor. So I'd welcome any questions you may have. I'm
also cognizant of your long agenda and just wanted you to know that I'm here to answer any questions.
Vice Chairman Plummer: And we...
Commissioner Regalado: I have a question.
Vice Chairman Plummer: We appreciate that. Mr. Regalado.
Commissioner Regalado: What are the possibilities within the Wages Program to use the people that will be
applying in temporary work? For instance, cleaning within the City of Miami government without the City
disbursing phonetic any money?
Ms. Reiter: Well, there is a community service component which places Wages participants in meaningful
community service jobs with the anticipation that if they've had training in those ... in that —in that community
service work, it will help them on the path to finding a job. And I think your program is currently doing
some community service initiatives, so it's placing those Wages people in a...in a learning situation and then
12 June 23, 1998
we go out and help them find a job in that area.
Commissioner Regalado: Yeah, but I ... what I was thinking one... one area, especially on the Street
Sweepers Program, can —can we ... Gwen, can we incorporate applicants to the Street Sweepers Program?
Ms. Gwendolyn Warren (Director of Community Development Department): The answer sir is some.
Currently, we have 244 individuals who are on the community work experience, which is where they would
work in the community up to 20 hours a week in exchange for their welfare benefits.
Commissioner Regalado: But what kind of work are they doing?
Ms. Warren: They're working anywhere from child care to clerical. We have a couple of special design
programs that'll be housed in both the Police and hopefully the Fire Department and, yes, we are currently
working on a project with Solid Waste.
Commissioner Regalado: How many, do you think, that we can incorporate?
Ms. Warren: Again, the -- what our initial anticipation is about 50 people in the Solid Waste Department
but, again, that's totally based on the work experience and training needs of the client. So, again, ifs ... we're
anticipating putting a large number of people in the parks and other kinds of areas but, again, it's designed
around their work program versus us giving slots. We're doing assignments of individuals based on their
employment plans.
Vice Chairman Plummer: OK. Mr. Gort.
Commissioner Gort: One thing we have to be very careful, when you go back to CETA (Comprehensive
Employment and Training Act), you recall that word. My understanding is ... I was not here but I did some
research and some of the problems that we have within the City of Miami employees, we utilize those
people for CETA and then we had to maintain them here and increase the budget because of that. So we
have to be very careful when ... when you use Federal funds..
Vice Chairman Plummer: They had CETA and CETA, Jr.
Commissioner Gort: Yes.
Vice Chairman Plummer: Robin, I have a question.
Commissioner Regalado: What... what... what happened ... no, no. What happened with CETA is that people
were never informed that they were not working for the City government because I remember... because I
did a lot of stories about that. As a matter of fact, I have two or three cases that have come to me, that are
claiming retirement because they work for CETA but they ... and —and ... and I think that somehow, down the
line, the City made a mistake and told them that, indeed, they were employees of the City. This is the one
case that I know. But ... but if we specifically tell them that they're not working for the City of Miami, there's
no reason ... I mean, tell them in writing or something. There is no reason for them to come back and ... and
request benefits from the City of Miami.
Ms. Warren: No. This is a very different program.
Vice Chairman Plummer: Robin, I have one question.
Commissioner Sanchez: I ... I had a question, Mr. Chairman.
13 June 23, 1998
Vice Chairman Plummer: All right. Joe.
Commissioner Sanchez: We just need very ... to be very specific on that matter to make sure that they know
exactly what's going on. We have like a form or something that they fill out, whether the ... are they
employed by the City or what... what's...
Ms. Warren: All of our clients who are residents are well aware that what they're doing is in exchange for
their current welfare payments. They have to provide ... they have to do basically two accountable activities.
They either have to go to a vocational training school to upgrade their skills so they can be employable
and/or, if they have skills, while they're receiving the benefits and looking for work, they have to perform 20
hours of accountable community service. So, again, the work that they're doing is volunteer work in
exchange for their welfare benefits. The people... individuals who are stationed in the City of Miami for their
work experience, their worker comp is paid through the state. It is ... they're not City employees. They're
very clear about that. And, again, the lion's share of our people in school but those who are not in school
but also still receiving welfare benefits have to provide community service in exchange for those dollars and
they're very clear about it.
Vice Chairman Plummer: I would suggest you have someone from your shop go to Joe's office and give
him a real good orientation on wages. I have one question, Robin. As a member of the consortium, as you
know I serve, I was informed yesterday that the Wages Board is pushing two million dollars ($2,000,000)
more towards our area. Now, that's good but it concerns me. It concerns me to the point that Lockheed
Martin is obviously with the bulk of the money, not meeting the standards that were set for them.
Ms. Reiter: Oh, that ... that isn't true.
Vice Chairman Plummer: Well, OK. If it isn't, then what I want to know is why? Why is suddenly, out of
nowhere, they're offering the consortium...
Ms. Reiter: No, no. It wasn't ... may I please answer that? Because it wasn't out of nowhere. The
consortium had a two point four...
Vice Chairman Plummer: Excuse me. Let me ... let me ... and the City also has got another boost of money.
As I say, I like the idea we're getting more money but it bothers me that, at this late stage of the game, that
money is coming on line. So, if you can answer it, please do.
Ms. Reiter: Thank you very much. It's not new money. It's an extension of the Jet Contract, the Job and
Education Partnership received one of the original contracts. Before we went out for RFP (Request For
Proposals), they received a two point four million dollar contract from the Wages Coalition to continue
training so that there would be bridge activities. It was always intended that would be a renewable contract
and all we did was renew that contract to the Job and Education Partnership. It's not new money. It's a
re ... ifs an extension of their existing contract, which will carry it through June of 1999. So it's not additional
resources. Lockheed Martin has done more than their fair share. In fact, when Lockheed Martin first
started, many people were skeptical. I went up to the Lockheed offices unannounced and uninvited and was
very pleasantly surprised to see that for probably every dollar we had expended, they were expending
another three, by bringing in outside resources to help jump start their program. So they are companion
pieces, they are not ... and they're complimentary. They are —that was a two point four million dollar contract
to JET, that was a renewal. It was not new money. I ... the City of Miami, if they got additional money,
didn't come from the Wages Coalition because at the moment we don't have additional money. We have
renewed ... we have offered to renew all existing contracts which were performing. City of Miami has
performed very well and that's demonstrated by placing over 20 percent of your people in unsubsidized
employment. So it's not new money. It's at continuation of the existing contract. Unless the City tells us
they want to stop the program, and we hope you won't...
14 June 23, 1998
Vice Chairman Plummer: When you made a surprise visit to Lockheed Martin, it wasn't their Tampa office,
was it?
Ms. Reiter: No. I'm ... I'm involved in Miami -Dade. Thank you.
Commissioner Gort: I have a question.
Vice Chairman Plummer: Go ahead, Mr. Gort.
Commissioner Gort: Gwen, if you recall, one of the things that I requested is, if possible, to utilize existing
providers of education within the —within the City that are already doing that work. Are we doing that?
Ms. Warren: We're going to be doing... currently entertaining doing that in East Little Havana Community
with both comical surveyor and sir jobs. We'll be using them as our training agencies in the ... in that
community. And our current ... in our community Allapattah, we're doing our own training and in the Model
City's Community, we'll be working with the community college and we're working with Dade County
Public Schools to do most of our vocational training.
Commissioner Gort: Thank you.
Vice Chairman Plummer: Robin, let me congratulate you. You're a volunteer. You spend a great deal of
your time away from your main job and I, for one, would like to say that I admire what you're doing. As
you know, I have, from time to time, expressed some thoughts negative about Wages but it was never about
you.
Ms. Reiter: Thank you.
Vice Chairman Plummer: OK. And I do appreciate your visit here this morning.
Commissioner Gort: And I'll second that motion.
Ms. Reiter: Thank you all.
Vice Chairman Plummer: Item...
Commissioner Regalado: Before ... Mr. Chairman.
Vice Chairman Plummer: Mr...
Commissioner Regalado: Before we go ... Mr. City Manager, could we get a list of the people now in the
Wages Program and the different departments that they're working within the City of Miami, the names and
the different departments and the projection as to other departments, especially in Solid Waste, where ... when
and how they're going to be placed. I mean, in the areas of the city?
Mr. Donald Warshaw (Acting City Manager): Yes, sir.
Commissioner Regalado: But to get the names of the people in the programs and the ... and the departments
they're working for.
Mr. Warshaw: Yes, sir, we'll get you that.
15 June 23, 1998
6. DISCUSS I. DEFER TO NEXT MEETING CONSIDERATION OF AGENDA ITEM 13 (APPROVE
FINDINGS OF MOST QUALIFIED FIRMS TO PROVIDE DEBT COLLECTION SERVICES:
FINANCIAL COLLECTION AGENCIES, INC. / HOMESAFE/METEC MUNICIPAL SERVICES/'.
HEARD WWAN MAIR & WILLIA MS},
Vice Chairman Plummer: OK. You know, Commissioner Teele made a thing the other day that we ... we
ought to start off by asking, are there any requests for any deferments?
Commissioner Regalado:
Yes.
Vice Chairman Plummer:
OK. Item number?
Commissioner Regalado:
Item 13.
Vice Chairman Plummer:
Item 13 on the Regular Agenda.
Commissioner Regalado:
On the regular agenda.
Vice Chairman Plummer:
Is that correct?
Commissioner Regalado:
Bring it back with a...
Vice Chairman Plummer:
OK. That's a Financial Collection Agency.
Commissioner Regalado:
Yes, sir.
Vice Chairman Plummer:
Motion to defer. Second the motion by...
Commissioner Gort: Second.
Vice Chairman Plummer:
Gort. All in favor say "aye.". Thirteen is now deferred.
The Commission (Collectively): Aye.
16 June 23, 1998
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-629
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 13
(PROPOSED APPROVAL OF FINDINGS OF EVALUATION
COMMITTEE FOR MOST QUALIFIED FIRM TO PROVIDE DEBT
COLLECTION SERVICES FOR THE CITY); FURTHER DIRECTING
THE MANAGER TO SCHEDULE THIS ISSUE ON THE NEXT
COMMISSION MEETING AGENDA.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
7. DISCUSS !DEFER TO NEST CITY COMMISSION MEETING CONSIDERATION OF AGENDA'
ITEM 6 (PERSONAL APPEARANCE BY SAMUEL K. JOHNSON REGARDING CHARLES HADLEY
PA1tK).
Vice Chairman Plummer: Is there any other items to be deferred?
Mr. Donald Warshaw (City Manager): Yes, Commissioner. The Administration would like to pull...
Vice Chairman Plummer: Mr. Manager.
Mr. Warshaw: ... Item Number 6.
Vice Chairman Plummer: Item Number 6. Mr. Johnson?
Mr. Warshaw: Yes.
Vice Chairman Plummer: He's here.
Mr. Warshaw: He's here but he's here for another item. He's requested the item be pulled.
Vice Chairman Plummer: All right. That's a personal appearance, so there doesn't need to be a motion. Is
there any other items for deferments? And what was the other thing Mr. Teele said about overrides of the
Mayor? We have none of that this morning, is that correct? Next item on the agenda is Item 3.
Mr. Alejandro Vilarello (City Attorney): Commissioner, those items were deferred to the next meeting or a
date certain.
Vice Chairman Plummer: Which item?
17 June 23, 1998
Mr. Vilarello: Thirteen
Vice Chairman Plummer: Absolutely. 'Til...they're continued to a time certain. To a date certain.
Mr. Vilarello The next Commission meeting.
Vice Chairman Plummer: That's correct.
Vice Chairman Plummer: I'd like to pull three until maybe this afternoon. This did not go out to a bidding
and I need some more information on that. I know it's off of a State contract of West Palm Beach, but a
seventy-five thousand dollar ($75,000.00) contract, without bidding ... there might be somebody locally, so I
would ask that this be put over'til the afternoon.
Vice Chairman Plummer: Item Number 4.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: I'm sorry?
Commissioner Gort: Before you go on, today... unfortunately, this afternoon, I don't know what time I'll be
back but I don't think I'll be able to be back until 4:30.
Vice Chairman Plummer: All right, sir.
Commissioner Gort: All right
Vice Chairman Plummer: Hopefully, we'll have a quorum. Item Number 4, this is non -lethal weapons. Mr.
Boom -Boom, are you listening to that? You got up in a hurry. Has anybody have any questions besides
Boom -Boom? All right, Mr. Boom -Boom, you have 30 seconds.
Mr. Manuel Gonzalez-Goenaga: Well, finally...
Vice Chairman Plummer: Hold it. Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by...
Commissioner Sanchez: Sanchez
Vice Chairman Plummer: Trooper Joe. Boom -Boom.
Mr. Gonzalez-Goenaga: Finally, the Police Department is doing the right thing, using non -lethal weapons.
18 June 23, 1998
Vice Chairman Plummer: Lethal.
Mr. Gonzalez-Goenaga: Lethal or lethal. It's not dying, not killing, which they have been accustomed to do
with ... of course, are the exceptions but I want to clarify that when there are big exceptions, it costs the
citizens of Miami a lot of money in legal contingency lawsuits. I think...
Vice Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: ...that to the tune, right now, forty-one million dollars ($41,000,000). Please
correct me if I am wrong.
Vice Chairman Plummer: All in favor of Item 4, say "aye." Oppose? Show unanimous.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-630
A RESOLUTION, BY A 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
PURCHASE OF NON -LETHAL WEAPON SYSTEMS FROM SAGE
INTERNATIONAL, LTD., IN THE AMOUNT OF $4,740.00; AND
THE AMMUNITION FOR THESE WEAPONS FROM SAGE
CONTROL ORDINANCE, INC., IN THE AMOUNT OF $2,508.00,
THE SOLE SOURCE PROVIDERS FOR THIS EQUIPMENT, AT A
TOTAL COST NOT TO EXCEED $7,248.00, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690003, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE
SHARING."
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
19 June 23, 1998
10: DEFER TO SCHEDULED MEETING OF JULY 14, 1998, CONSIDERATION OF AGENDA ITEM 7'
(PERSONAL APPEARANCE BY JOSE RODRIGUEZ TO PRESENTMANAGEMENT LETTER IN
CONNECTION WITH FY '97 AUDITED FINANCIAL STATEMENTS): — FURTHER REQUESTING
THAT REPRESENTATIVES FROM KPMG PEAT'MARWICK MEET WITH CITY COMMISSIONERS
PRIOR TO'MEETING DATE.
Vice Chairman Plummer: Item 7. Mr. Jose Rodriguez.
Commissioner Gort: Mr. President, at this time, I just received a package last night at 5:45... I'm not ready to
discuss this.
Vice Chairman Plummer: Is this ... you're not?
Commissioner Gort: No. I mean, I haven't had a chance -- I got it right in front of me here now.
Vice Chairman Plummer: All right. Mr. Rodriguez, you'll be back at the next Commission meeting, which
is July the 14th. The package ... why was it only received yesterday?
Mr. Donald Warshaw (City Manager): We just received it yesterday.
Vice Chairman Plummer: But what ... where's the five-day rule? I mean, were they not aware of a 5-day
rule?
Mr. Warshaw: It's a personal appearance.
Vice Chairman Plummer: I understand that, sir, but any matters are supposed to be in our hands five days in
advance.
Mr. Warshaw: OK. We'll bring it back ... we'll bring it back On the 14th.
Vice Chairman Plummer: OK. I would suggest... who's Mr. Rodriguez? Is he here?
Commissioner Gort: He's not here.
Vice Chairman Plummer: Uh-huh, he's chicken. He didn't show up because he knew what was going to
happen. I would strongly suggest that either Mr. Rodriguez, if he has the courage, or someone else from
this —this firm of whatever it is, go around to each Commissioner before the next meeting and sit with the
Commissioner to see if they have any questions. You guys charge by the hour anyhow, so what difference
does it make. Item 7 is deferred until the next Commission meeting.
Vice Chairman Plummer: Item 8.
Commissioner Gort: This is a second reading, isn't it?
Vice Chairman Plummer: I'm sorry?
20 June 23, 1998
Commissioner Gort: This is a second reading ordinance.
Vice Chairman Plummer: Second reading ordinance on 8.
Commissioner Gort: Move it.
Commissioner Sanchez: Second.
Vice Chairman Plummer: And that's a Civil Service rules. It is moved by Gort. Seconded by Trooper Joe.
Read the ordinance.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 40, ARTICLE III, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
,ENTITLED "PERSONNEL/CIVIL SERVICE RULES AND
REGULATIONS", TO PROVIDE THAT SUBJECT TO ANY
PROVISION IN AN EXISTING LABOR AGREEMENT, RE-
APPOINTED EMPLOYEES SHALL ONLY RECEIVE CREDIT FOR
SERVICE RENDERED PRIOR TO RE-EMPLOYMENT FOR THE
PURPOSE OF MEETING THE TIME -IN -GRADE REQUIREMENT
NECESSARY FOR TAKING A PROMOTIONAL EXAMINATION;
MORE PARTICULARLY BY AMENDING SECTION 40-119(B) OF
SAID CODE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner 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 Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11666
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Call the roll.
COMMENTS MADE DURING ROLL CALL:
Vice Chairman Plummer: Do I get to vote?
21 June 23, 1998
Mr. Walter Foeman (City Clerk): I'm sorry.
Vice Chairman Plummer: I can vote to fire the Clerk, can't I?
I vote yes.
Commissioner Gort: You can make a motion but I don't know if you can.
Vice Chairman Plummer: Item 9. Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Regalado. Anyone wishing to discuss the Item Number 9? Mr.
Clerk ... Mr. Attorney, call ... read the ordinance.
[AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.]
Vice Chairman Plummer: Before you call the roll, and I'm going to watch all of the union representatives
jump out of their chairs. Mr. Manager, I would like to know how certain cities, some very close by, operate
without a Civil Service Board or in-house? And do it very effectively. And why we're spending millions of
dollars ... so I would like to see a comparison drawn of why they're able to operate without a Civil Service
Board and we are spending millions to do it? You'll have your chance when it comes back. Just wanted to
keep you all on your toes. That's all right. I saw you sleeping in the back.
Mr. Tom Gabriel (President International Association of Firefighters): Tom Gabriel, Local 587, Civil
Service Board throughout the state in most places, I think it ... Georgia recently abolished it. But, obviously,
in towns like this, the employees need to make sure that ... that appointments, promotions, hiring, etcetera, is
not a political process. This is a very political town, as you might know, and ... and it's obviously a protection
for, not only us, but the politicians and the power brokers. So I ... I ... before you start looking at going into
those areas, there may be some efficiencies that we can work with together but...
Vice Chairman Plummer: Well, you hitting it right on the head, Tom. And I tell you why I'm ... I'm even
broach the subject. I came here on a Thursday and I counted out in the yard 32 police cars for some hearing
that was going on. Now, that's 32 people that were tied up for, I think, most of the day. OK. And I find it
very difficult to understand that why they had to can here all day or they couldn't have been called in. I
said ... all I'm saying is, is there the possibility that we can revise, revamp to try and make it more efficient
and to, in fact, make it less expensive? You have an excellent Chairman. Jerry Silverman has done a
tremendous job. You now have Manny on the board. You have some other good people on the board. But
I'm saying is, this City needs to look and see, OK, whether or not there's a way we can save some money.
Mr. Gabriel: There very well may be but I think that everybody will agree that arbitration in ... in areas of
that is going to be a heck of lot more expensive, so ... you know, that's something you may want to review.
22 June 23, 1998
Vice Chairman Plummer: Thank you, sir.
Mr. Tony Rodriguez (President of Fraternal Order of Police): I just want do address ... Tony Rodriguez,
Miami FOP (Fraternal Order of Police) ... the point that you said about the police cars outside, Commissioner.
First of all, as a public official, I'm sure you would agree that due process is a very important aspect of
this ... of this city. Clearly, we don't know ... and I'm sure you don't know if those officers were on duty or they
were off -duty. If they could have been called in? It's not their... those officers' job. If theyv"ere here, they
were probably mandated to be here for this hearing. So I think, before we make statements like that,
Commissioner, I would urge you to let's look at the situation. We need Civil Service, not just...
Vice Chairman Plummer: That's what I asked.
Mr. Rodriguez: ...for the things that Tom said, but for this community. This community needs, needs a
Civil Service Board and more protection in the process so things are done accordingly and correctly.
Clearly, for the employees, it's a must. I would urge you to consider what you're doing because I think, if
you look at...at other places else and very few of them have done away with it ... ifs failed and it would fail
here. Let's move forward, not backwards. Thank you.
Vice Chairman Plummer: That's what I asked to look into and compare. What do you got to do with this?
Mr. Gonzalez-Goenaga: Oh, very important. I am one of the owners of the Citg... of the City of Miami
and ... and ... and it's very shameful that so very few citizens complain. That's why we are in the...
Vice Chairman Plummer: Item Number 10.
Mr. Gonzalez-Goenaga: Let me tell you something. No. I am not against the Civil Service Board
but ... because, let's face it, the one who questions are the first one who has bodaya here and ... and that's you,
Mr. Plummer. And I wish all Commissioners come here to these microphones and confess themselves of
their sins. These has been a lot of politics since Caesar and he's still around here in his spirit.
Vice Chairman Plummer: Is that mybodaya?
Mr. Gonzalez-Goenaga: No, no, you...I know who your bodaya. You should...
Vice Chairman Plummer:... a bodayon.
Mr. Gonzalez-Goenaga: No, no, that's worst than a bodaya.
Vice Chairman Plummer: I see.
Mr. Gonzalez-Goenaga: Oh, yes. So —this is extremely political and let's clean up the barn.
Vice Chairman Plummer: Let's go. Good, because we've got you left to clean up the manure. Item Number
10.
Mr. Foeman: Roll call.
Commissioner Regalado: We're voting where, nine?
Vice Chairman Plummer: OK. Nine.
23 June 23, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 40, ARTICLE III, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: "PERSONNEL/CIVIL SERVICE RULES AND
REGULATIONS", TO REDUCE THE NUMBER OF PERSONS TO
BE CERTIFIED AS CANDIDATES FOR POLICE OFFICER ON
OPEN COMPETITIVE REGISTERS; MORE PARTICULARLY BY
AMENDING SUBSECTION 40-88 (A)(1) AND REPEALING
SUBSECTION 40-88(A)(2); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Regalado,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11667
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 SECTION 18-78 OF CODE: CONTRACTING'
METHODS AND PROCEDURES -- STIPULATE THAT AGREEMENTS 'INCONSISTENT WITH
PRtCEiiTTRES SHALL NOT BE BINDING= FURTHER DIRECT CITY ATTORNEY TO REPORT ON
STATUS OF 580,00000 AGREEMENT GRANTED TO 'A LAW FIRM WITHOUT CITY!
COMMISSION APPROVAL.
Vice Chairman Plummer:
Item 10 is a first reading.
Commissioner Gort: Definitely
move it.
Vice Chairman Plummer:
Moved by Gort.
Commissioner Regalado:
It's a...
Vice Chairman Plummer:
Seconded by Regalado.
Commissioner Regalado:
And I have discussion.
Vice Chairman Plummer:
Under discussion.
24 June 23, 1998
Unidentified Speaker: We'll bring you another one.
Vice Chairman Plummer: OK. Under discussion.
Commissioner Regalado: I ... first of all, I would like to say that its about time that we do something like this
and I would like to ask the City Attorney what is the status of the eighty thousand some dollars that we're
contracted to a law firm without the Commission's approval?
Mr. Alejandro Vilarello (City Attorney): We're still looking into that item. That's why it's not before you.
Commissioner Regalado: Why are you laughing then?
Vice Chairman Plummer: Well, let's make it a date certain. You'll have an answer at the next Commission
meeting without question?
Mr. Vilarello: Yes, sir.
Commissioner Regalado: And I ... I would ... I would like to know ... I mean, is it ... is it ... was it an oversight or
should we call for some kind of investigation as to why it was not brought to the Commission?
Mr. Vilarello: The... apparently, the City Manager did provide a report ... a time line on the item and I'll be
more than happy ... at this point I can't give you a conclusion to my review of the matter. And I'll be more
than happy to bring it back to you on July 14th with a recommendation.
Commissioner Regalado: Thank you.
Vice Chairman Plummer: Is there any ... is there any discussion? None? Call the roll on the first reading.
Item 10. Read the ordinance.
[AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 10:36
A.M.]
Vice Chairman Plummer: Call the roll.
25 June 23, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 18-78, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED RELATING TO
CONSTRUCTING METHODS AND PROCEDURES, THEREBY
STIPULATING THAT ANY PURCHASE AGREEMENT ENTERED
INTO IN A MANNER INCONSISTENT WITH PROCEDURES, AS
HEREIN SPECIFIED, SHALL NOT BE BINDING UPON THE CITY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was passed in first
reading, by title only, 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.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Item.. well, let me stop right here. Mr. Teele, welcome to the meeting, sir. Is
there any item that we've handled so far that you would wish to revisit?
Commissioner Teele: No, sir.
Vice Chairman Plummer: All right. We're on Item 11, first reading. Capital Improvements.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by...
Commissioner Sanchez: Second.
Vice Chairman Plummer: ...Joe. Any discussion by any member of the Commission? Tom.
Mr. Tom Gabriel: Yes. Tom Gabriel, Local 587. I was just trying to find out whether or not anything had
been changed in regards to the fire fee as it relates to Capital Improvements and whether or not we were still
26 June 23, 1998
scheduled to use all of that money for capital improvements?
Vice Chairman Plummer: That's the twenty-four dollars ($24.00).
Mr. Gabriel: The four million... approximately four million dollars ($4,000,000).
Vice Chairman Plummer: As far as I'm concerned, I was told last night by Dipak that money is set aside; it
is for capital improvements, primarily for equipment.
Mr. Gabriel: OK. Good enough.
Commissioner Sanchez: Yeah, Tom, I do believe so.
Mr. Gabriel: Thank you.
Vice Chairman Plummer: Any other questions?
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Now, we need to clarify that. The administrative costs associated with the fire fee
will be paid for out of the fire fee, is that correct?
Vice Chairman Plummer: Administrative costs, if it relates to the equipment.
Commissioner Teele: No. administrative costs related to the imposition of the fire fee.
Vice Chairman Plummer: I can't answer that.
Mr. Donald Warshaw (City Manager): I would think the administrative costs would have to be. Absolutely.
Commissioner Teele: It would have to be. It would have to be.
Mr. Warshaw: There'd be no other funding source.
Commissioner Teele: And ... and what ... what I want the Commission to recognize is that that fee is a one
time fee on the front end but it is not an insignificant fee. It is not an insignificant number.
Vice Chairman Plummer: It's four point two million dollar ($4,200,000).
Commissioner Teele: No, I'm talking about the administrative costs.
Vice Chairman Plummer: Oh, oh.
Commissioner Teele: I ... I want to be very clear because the previous manager made it clear when we voted.
We voted recognizing, based upon the comments that you made, Commissioner Plummer ... but it was voted
that the administrative costs, associated with the fee, would be borne out of the fee. I mean, there's no other
way to handle it, other than that.
Vice Chairman Plummer: I would have thought that would have been the case. Is there anything to the
contrary?
27 June 23, 1998
Mr. Warshaw: It's a minimum amount of money. We'll get back to you and let you know exactly what it is
but those monies...
Vice Chairman Plummer: Well, that's not the real question he's asking. The question is, he wants the
comfort of knowing that that fee is coming from that source. It's a simple yes or no.
Mr. Warshaw: The answer is yes.
Vice Chairman Plummer: OK. Tom.
Mr. Gabriel: If I may. Tom Gabriel, Local 587. It's not that easy because, as ... as the City Manager has just
stated, ifs ... ifs a minimal cost but they're not sure what it is and I ... I believe Commission Teele
will ... will —may or may not favor adding additional costs on there to relieve the general fund. For example,
if administration ... and I'm not sure. But if administration needs to spend some time sending out those bills,
are they going to charge us for two or three city employees full -year salary to handle that and that's where
the key...
Vice Chairman Plummer: Well, lefs... lefs make it easy, Tom. OK. Mr. City Manager, sir, at the next
Commission meeting, will you give us the cost of the administrative fee and then we can look at it and agree
or disagree? OK. Read Item 11, the ordinance, please.
Mr. Gabriel: Thank you.
Vice Chairman Plummer: OK. Call the roll.
28 June 23, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CAPITAL IMPROVEMENT
ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24,
1998; CONTINUING AND REVISING PREVIOUSLY APPROVED
SCHEDULED CAPITAL IMPROVEMENT PROJECTS;
ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO
BEGIN DURING FISCAL YEAR 1997-1998; PROVIDING
CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE
CITY MANAGER AND CITY CLERK; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, 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.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Before I go to Item 12, Mr. Manager, Mr. City Attorney and Mr. Clerk, Mr. Gort
has a problem in the afternoon. Is there any items that we can take up after we start the PZ Items that could
be taken up on the morning because we're going to finished here in less than an hour. So just look over the
agenda and see if there's anything else that can be taken up to accommodate Mr. Gort. I have already
announced that I have to leave at six and there is a five o'clock item.
16. APPROVE ESTABLISHING DEBT MANAGEMENT POLICY — DIRECT CITY MANAGER TO
IN FINANCE TO IMPLEMENT SAID POLICY''— FURTHER DIRECT, CITY MANAGER TO
REVIEW LEASES IN ARREARS TO UPDATE THEM,
Vice Chairman Plummer: Item 12. It's a resolution Debt Management Policy.
Commissioner Gort: Move it.
Vice Chairman Plummer: Is there a motion? By Gort. Seconded by ... seconded by Teele. Under
discussion. Any Commissioner wish to discuss the item? If not, Mr. Boom -Boom.
Mr. Manuel Gonzalez-Goenaga: Yes. Does a statement that I read those management policy and I'm so
shocked that it has never been implemented and the City of Miami is more than a hundred years. You
29 June 23, 1998
see ... and besides that, on every issue of debt, the Security and Exchange Commission, according to the rules
and regulations of the Security and Exchange Act of 1933 and'34, they require continuous disclosure. And
in the trust agreements that I have read before, the issue is not what is written. Is the check and balances and
the checking by an internal auditor of the City of Miami that should be appointed by the
honorable... honorable Commissioners. It working independently of the City Manager.
Vice Chairman Plummer: Thank you, sir. All in favor of the...
Mr. Gonzalez-Goenaga: Do you understand what I said?
Commissioner Gort: I have a question.
Vice Chairman Plummer: We have a question.
Commissioner Gort: Lourdes, my understanding in, in the past, that the City of Miami has always gone for
competitive bid unless there is bidder that we negotiate. Am I correct? That's been the policy in the past.
Ms. Lourdes Reyes (Comptroller of Finance Department): My understanding is that we've had both,
competitive and negotiated sales.
Commissioner Gort: What we're saying here is, we're going competitive new money and funding, unless we
fmd that the ... that the negotiator...
Ms. Reyes: We would evaluate at the time of...
Commissioner Gort: ...be to our advantage?
Ms. Reyes: Right.
Commissioner Gort: OK. Thank you.
Vice Chairman Plummer: You know, Mr. Manager...I won't go into it later when we go into the budget.
But, you know, let me tell you. One of the problems we have in this city is being too forgiven. I mean, I
was informed this morning that there was some leases the people were two and three months in arrears and
hadn't paid. You don't do that. That's not business. And we need to be more business like in the idea that
you have rent that's due on the first, you pay it on the first. And that's one of our problems. All in favor of
Item 12. All in favor of Item 12? Any opposition? Show unanimous.
The Commission (Collectively): Aye.
Commissioner Gort: Just to follow up...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: ...with what you were stating a little while ago. You know, all the bills you get, if you
don't pay within an "X" amount of days, automatically you get charged five percent late fee and so on. I
think we should look into those things.
Vice Chairman Plummer: Absolutely.
Commissioner Gort: And if you don't pay, you get your three day notice and you get your court hearings
going.
30 June 23, 1998
Vice Chairman Plummer: And we need a good City Attorney who's going to do things differently than has
been done in the past, when we have a contract that's going to be enforceable.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-631
A RESOLUTION, WITH ATTACHMENTS, ESTABLISHING A
DEBT MANAGEMENT POLICY, ATTACHED HERETO AND
INCORPORATED HEREIN, AND TO SET FORTH SPECIFIC
GUIDELINES AND PROCEDURES FOR IMPLEMENTATION OF
SAID POLICY; DIRECTING THE CITY MANAGER TO INSTRUCT
THE DIRECTOR OF FINANCE TO IMPLEMENT SAID POLICY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Item 13, Mr. Teele, was deferred by Commissioner Regalado. And we're now on
Item 14. It's a Five -Year Plan. This is the Five -Year Plan. We're going to hold that until the Mayor arrives.
That was the —the one that he asked for. Sale of surplus owned property.
Commissioner Teele: Mr. Chairman, you intend to...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: You intend to take up theFive-Year Plan today?
Vice Chairman Plummer: Yes, sir, definitely. Unless somebody asks for it to be deferred.
Commissioner Teele: I must tell you, this thing needs a lot of work and in law we call them fossils but
there's fossils buried all through this thing. A lot of editing from the previous...
Vice Chairman Plummer: Mr. Dipak, front and center.
31 June 23, 1998
Commissioner Teele: From the previous Five -Year Plan are carried through. I mean, you know, like one
example is, you say we've reduced... in this Five -Year Plan, we've reduced from six ... five City Managers to
two.
Mr. Dipak Parekh (Director/Budget and Management Analysis): ACM's.
Commissioner Teele: ACM's.
Mr. Parekh: Yes.
Commissioner Teele: And we did that in the lastFive-Year Plan?
Mr. Parekh: Agreed.
Commissioner Teele: So...
Vice Chairman Plummer: Can I try to short circuit? Mr. Dipak?
Mr. Parekh: Yes, sir.
Vice Chairman Plummer: A delay of two weeks.
Mr. Parekh: We have a state mandate that this particular report needs to go before the Oversight Board on
July the 6th. If there is any change...
Vice Chairman Plummer: So, Mr. Teele then, the short circuit says that either we ask for an extension;
either we handle it today, or we, in fact, have to call a special meeting. This is what I see as the three options
and I'm at the will of the Commission.
Commissioner Regalado: I am ready for a special meeting if the other members of the Commission...
Vice Chairman Plummer: I'm asking what is the will of the Commission? What do you want to do?
Commissioner Sanchez: I'm ready to go forward.
Vice Chairman Plummer: Mr. Teele is not ready. Do you want to call a special meeting?
Commissioner Teele: No. I mean, whatever the will of the majority is. I ... I...
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I have a lot of questions about ... I'm... I'm really troubled by this memo that I
received yesterday from...
Vice Chairman Plummer: Mr. Gort.
Commissioner Regalado: From the City Manager and I'm ready to discuss it right now. I'm ... or I'm ready to
do whatever the rest...
Vice Chairman Plummer: No. Wait'til the Mayor gets here. Mr. Gort.
Commissioner Gort: I'd like to discuss it later on but, you know, when you talking about the...
32 June 23, 1998
Vice Chairman Plummer: OK, then. What we'll do ... the Chair will make a ruling. We'll go on the item
today...
Commissioner Gott: And we can...
Vice Chairman Plummer: And if we're not satisfied, then we'll delay it.
Commissioner Gott: We can defer it.
Vice Chairman Plummer: OK. Is that agreeable?
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele, without question, if you ask in the final analysis that it be deferred,
you know I will support it.
Commissioner Teele: No, no. I understand that. But this is the concern that I have. As a concern that the
Manager and Mr. Dipak said about July 6th time frame. I also have the concern that there are a number of
issues in here that really need to be discussed. Now, Commissioner Gort's not going to be here this
afternoon. You have ... you know, and there are just a number of issues. I don't know if each Commissioner
has been briefed on the matter. I've not been briefed but, again, I'm not complaining. But...
Vice Chairman Plummer: I was. Now, I'm just ... I had the opportunity to meet with Dipak last night, which I
took advantage of. So ... Mr. Teele, what I would suggest is, let's try to take it up when the Mayor gets here.
If there's not sufficient answers, there's not sufficient time, then we can ask for it to be deferred. And we ... I
would assume, from what we're looking at, it would be a special meeting. OK.
18. APPROVE SALE OF SURPLUS CITY -OWNED REALPROPERTY LOCATED AT 65-69:
SOUTHWEST I STREET (WATSON BUILDING) —AT SALE I PRICE OF $246,000, ON "AS IS
BASIS.
Vice Chairman Plummer: Item 15. The sale of surplus property.
Commissioner Gott: Move it.
Vice Chairman Plummer: Dena.
Ms. Dena Bianchino (Director/Planning and Development): This is the sale of the property located at 69
Southwest 1 st Street, commonly known as the Watson Building.
Commissioner Gott: Move it. Wanted to get rid of that a long time ago.
Vice Chairman Plummer: Moved by Gort. Seconded by...
Commissioner Regalado: Right here.
Vice Chairman Plummer: Regalado.
Commissioner Gott: I understand we got an offer, right?
33 June 23, 1998
Ms. Bianchino: Yes. We have a purchase and sale contract.
Commissioner Gort: Great.
Vice Chairman Plummer: All in favor say "aye." Any opposition? Show unanimous.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-632
A RESOLUTION, WITH ATTACHMENT, APPROVING THE SALE
OF SURPLUS CITY -OWNED REAL PROPERTY WITH
IMPROVEMENTS CONSISTING OF APPROXIMATELY .12 OF AN
ACRE, LOCATED AT 65-69 SOUTHWEST 1 STREET, MIAMI,
FLORIDA, COMMONLY KNOWN AS THE WATSON BUILDING,
TO THE UNITED STATES OF AMERICA, GENERAL SERVICES
ADMINISTRATION (GSA), AT A SALE PRICE OF TWO HUNDRED
FORTY-SIX THOUSAND DOLLARS ($246,000) ON AN "AS IS"
BASIS AS TO ALL PHYSICAL AND ENVIRONMENTAL
MATTERS; AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT TO SELL SAID REAL PROPERTY (THE
"AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
AND TO CONSUMMATE SUCH TRANSACTION IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY
MANAGER AS MAY BE NECESSARY IN ORDER TO EFFECT
SUCH SALE IN AN EXPEDITIOUS MANNER; INCLUDING TERMS
PROVIDING FOR THE ALLOCATION OF COSTS BETWEEN GSA
AND THE CITY FOR EXPENSES INCURRED IN CONNECTION
WITH THE PHASE I ENVIRONMENTAL SITE ASSESSMENT,
ASBESTOS SURVEY AND THE BOUNDARY SURVEY OF THE
PROPERTY; DECLARING AN EXEMPTION FROM THE
REQUIREMENTS OF ORDINANCE NO 11640, ADOPTED APRIL
14, 1998, PERTAINING TO THE PAYMENT IN LIEU OF TAXES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
34 June 23, 1998
Vice Chairman Plummer: Sixteen. That's the sale of the old Fire Station Number 2.
Commissioner Gort: Move it.
Ms. Dena Bianchino (Assistant Director, Planning Department): No. That ... let me clarify, please.
Mr. Donald Warshaw (City Manager): That's the land next to it.
Mayor Carollo: Oh, it's the land next to it?
Mr. Warshaw: It's a small mini -park.
Ms. Bianchino: This is a...
Vice Chairman Plummer: What?
Ms. Bianchino: There's a ... there's an old mini -park located next to Fire Station Number Two. It is not used.
It has not been used.
Vice Chairman Plummer: Throw them both together to try to get rid of it.
Ms. Bianchino: Yes, sir.
Vice Chairman Plummer: It's a disgrace. Have you seen the back of that place?
Ms. Bianchino: Yes, sir. We're trying the clean it up now.
Vice Chairman Plummer: And you're try ... and I got to go tell people to clean up their yard and they look at
the back of that fire station?
Mr. Warshaw: Commissioner, this puts the piece of property and the building together as one.
Vice Chairman Plummer: That's fine. But get rid of them. Mr. City Manager, Mr. Police Chief, and
whatever else you are, would you please go look at the east side of the building? It is a disgrace, sir. And I
got to go tell people to clean up their yard and they're saying to me, oh, yeah, how'bout your own?
Commissioner Gort: You have the same problem with the fire station, the old fire station on 27th Avenue
and Northwest 103rd Street.
Vice Chairman Plummer: When we're going the sell that one?
Commissioner Gort: That's...
Ms. Bianchino: One ... the one on 141 Northwest 20...
Vice Chairman Plummer: Yes.
Ms. Bianchino: OK.
35 June 23, 1998
Commissioner Gort: Northwest 27th Avenue. I mean, that's a disgrace.
Vice Chairman Plummer: All right. Sixteen is moved by Gort. Second by Regalado. Any further
discussion? All in favor say...
Commissioner Sanchez: Commissioner, I have a discussion on that.
Vice Chairman Plummer: Mr. Joe.
Commissioner Sanchez: I haven't seen the property but I'll tell you one thing, it's a minfpark. Our city does
not have enough parks. And I'm...
Vice Chairman Plummer: You've got to go look at it.
Commissioner Sanchez: Well, I have to go look at it but I'm telling you, any time that we're going to give up
land when it's a park and we can clean it up or whatever we can do to it and have more parks ... and my
concern is, you know, we're always complaining about kids being out on the streets. We don't have enough
parks to put these kids in a controlled environment, where they could go and be in a controlled environment
where they're supervised and here we are giving up all the pieces of land we have that could be a park. I
have not seen the land but it disturbs me to see that we're giving away every piece of land that we have and
we don't have enough parks in this city.
Commissioner Gort: Excuse me, Joe. We're not giving it away. We're making it a part of the fire station
that's been sitting there for 10 years, that' s... it has to be taken care because the homeless will go into it. They
break into it and it's become hazardous in that area. We're putting it together so we can sell it, not give it
away.
Commissioner Sanchez: OK
Vice Chairman Plummer: This is not, for your information, authorizing the sale. It is for the Manager to
prepare to sell and hopefully we'll get a bid. I will be extremely surprised if we get a bid. OK. I mean, it is
in such ... well, OK. You know, termites unfold their arms, the wall will fall. So ... let's put it this way. You'll
have another shot at it if, in fact, there is a bid. OK. All right. All if favor of Item 16, say "aye". Oppose?
Show unanimous.
The Commission (Collectively): Aye.
36 June 23, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-633
A RESOLUTION DECLARING SURPLUS APPROXIMATELY 8,000
SQUARE FEET OF CITY -OWNED REAL PROPERTY LOCATED
AT APPROXIMATELY 1441 NORTH MIAMI AVENUE, MIAMI,
FLORIDA, (THE "PROPERTY"), COMMONLY KNOWN AS
CENTRAL MINI -PARK; AUTHORIZING AND DIRECTING THE
CITY MANAGER TO SELL THE PROPERTY; FURTHER
AUTHORIZING THE CITY MANAGER TO (I) ESTABLISH THE
MINIMUM SALE PRICE FOR THE PROPERTY TAKING INTO
CONSIDERATION THE APPRAISED VALUE OF THE PROPERTY
AS ESTABLISHED BY THE RESULTS OF TWO INDEPENDENT
APPRAISALS AND THE ASSESSED VALUE OF THE PROPERTY
AS DETERMINED BY THE COUNTY APPRAISER; (II) EMPLOY
SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY
CHARTER OR CODE FOR THE PURPOSE OF DISPOSING OF THE
PROPERTY; (III) ACCEPT RESPONSIVE AND RESPONSIBLE
BIDS; AND (IV) NEGOTIATE A PURCHASE AND SALE
AGREEMENT AND PRESENT THE NEGOTIATED AGREEMENT
TO THE CITY COMMISSION FOR FINAL APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
,20. APPROVE CONVEYANCE BY OFF-STREET PARKING OF STRIP OF LAND LOCATED'
WiTI"IiN` TRACT 3 OF RIVERSIDE PLAZA - FOR USE AS RIGHT OF -WAY IN CONNECTION
WITH SOUTHWEST 2 AVENUE BRIDGE RECONSTRUCTION PROJECT - FURTHER DIRECT
CITY MANAGER TO EXPLORE POTENTIAL OF USING PRISON INMATES TO GLEAN CITY
PROPERTY AT NO COST TO CITY.
Vice Chairman Plummer: Seventeen is number ... same thing as number three of Riverside Plaza.
Ms. Bianchino: This is the release of the City's right of first refusal with the Off -Street Parking Authority
for Tract 3 of the Riverside Center. It's only one thousand fifty-eight square feet. It is needed to be
dedicated to FDOT (Florida Department of Transportation) for the widening of the Second Avenue Bridge.
37 June 23, 1998
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by...
Commissioner Regalado: Second.
Vice Chairman Plummer: Regalado. All in favor, say "aye". All oppose? Show unanimous.
The Commission (Collectively): Aye.
Commissioner Regalado: Before ... Dena, before you go. Mr. Chairman, if I just have a minute because I...
Vice Chairman Plummer: You have it.
Commissioner Regalado: Because I brought to the City Commission last meeting, I think it was, an item
regarding the Miami Marine Stadium and I have received a memo from the City Manager and from Dena
regarding all that they did. I really commend the Department for their quick action on it. The memo
concludes that it would be very difficult to do open air market and, frankly, the reason that I brought that
idea is, it's exactly to get the answer that I have in the last paragraph of the memo, is that the City now is
moving in all directions without or with open air markets to clean the place. And I would ask the
Administration, especially to explore quickly the potential use of County jail prisoners for the clean up and
other alternatives. If we can get a response as to the cleaning, at no ... or no major cost to the City, I would
consider myself very happy because the only reason that I brought that is in order to get the area cleaned. So
if...Mr. Manager, when can we get a definite answer in terms of the cleaning?
Mr. Warshaw: We'll get it to you before the next meeting, Commissioner.
Commissioner Regalado: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-634
A RESOLUTION, WITH ATTACHMENT, CONSENTING TO THE
CONVEYANCE BY THE DEPARTMENT OF OFF-STREET
PARKING OF A STRIP OF LAND CONSISTING OF
APPROXIMATELY 1,058 SQUARE FEET, LOCATED WITHIN
TRACT 3 OF RIVERSIDE PLAZA, AS RECORDED IN PLAT BOOK
139, PAGE 43, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR USE AS RIGHT-OF-WAY IN
CONNECTION WITH THE SOUTHWEST 2 AVENUE BRIDGE
RECONSTRUCTION PROJECT; AUTHORIZING THE CITY
MANAGER TO EXECUTE A RELEASE, IN SUBSTANTIALLY THE
ATTACHED FORM, IN FAVOR OF THE FLORIDA DEPARTMENT
OF TRANSPORTATION, TO RELEASE THE CITY'S OPTION AND
FIRST RIGHT OF REFUSAL TO PURCHASE SAID PORTION OF
TRACT 3.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
38 June 23, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
21. APPROVE DESIGNATING MIAMI STATE ENTERPRISE ZONE FOR PARTICIPATION IN
STATE URBAN JOB TAX CREDIT PROGRAM.
Vice Chairman Plummer: OK. We're now on Item 18.
Commissioner Sanchez: Move.
Vice Chairman Plummer: It's moved by Sanchez. Seconded by...
Commissioner Gort: Second and discussion.
Vice Chairman Plummer: Gort. Under discussion. Hello. Discussion.
Commissioner Gort: I see on next one that I have question on. This is for the tax ... this is for the Enterprise
Zone, for the tax credits and so on?
Mr. Erdal Donmez (Development Coordinator/Community Redevelopment Agency): Thafs... that's correct
sir.
Commissioner Gort: That's the resolution we've been asking for, yes. No problem.
Vice Chairman Plummer: Any further discussion?
Commissioner Sanchez: No. If I...
Vice Chairman Plummer: I'm sorry?
Commissioner Sanchez: Mr. Chair, if I could add. The County is waiting for us to pass this resolution so
they could proceed with the program and...
Mr. Donmez: Commissioner ... Erdal Donmez from Community Redevelopment Agency. Miami -Dade
County Commission adopted a similar resolution last Tuesday and, at that time, they invited the City of
Miami to prepare a joint obligation and —agenda was already printed, so we wanted to bring up this, you
know, issue at this point and so it's your prerogative. And, as far as the City's position, it makes absolutely
no difference one way or the other.
Commissioner Gort: I do have a question.
39 June 23, 1998
Vice Chairman Plummer: All right. Mr. Gort.
Commissioner Gort: This is different from what Teele... one of the things I requested is, we have enterprise
zone and we already have an agreement with ... the City of Hialeah already passed a resolution and we hoping
our Planning Department will bring that resolution to us or automatically, anybody that ... within enterprise
zone will receive the benefit without having to come in front of us, in front of the County and so on. I
understand there's a procedure that could be in place. That's ... I thought this is what it was but it's not. I
guess that'll be coming back to us. My question on this is, we using the same designated area that was
established two years ago?
Mr. Donmez: We're using this new economic development program as a new overlay, a new unit...a new
program overlay to the state enterprise zone program. It's a whole new center.
Commissioner Gort: No. I understand. But I was part of the... I was part of the ... when we first came up
with that two years ago ... I don't know what you call that. The ... it was not the enterprise zone but it was
that ... where they were going to select 50 cities and so on.
Mr. Donmez: Yeah. You're talking about Empowerment Zone.
Commissioner Gort: The Empowerment Zone
Mr. Donmez: Yeah.
Ms. Gwendolyn Warren (Director, Community Development): It's the same.
Commissioner Gort: We're using the same. There's no changing in here.
Mr. Donmez: Right.
Commissioner Gort: At that time I think we had a little problem with the zone that was selected. So that's
why I'm asking the question. We haven't had any input or renew because ... in looking at the map that you
see here, there's a lot of our area that has been left out of the empowerment zone or this zone, which needs
help.
Mr. Donmez: Well, because of the ... the data unit used to designate the zone, which is unemployment
pervasive unit ... you know, poverty, the State enter... enterprise zone program and the empowerment zone,
they're covering pretty much the same areas.
Commissioner Gort: If I recall...
Commissioner Teele: Are we on Item 18 or 19?
Vice Chairman Plummer: Eighteen.
Commissioner Gort: Eighteen.
Mr. Donmez: This is 18, sir.
Ms. Warren: This is 18.
Mr. Donmez: And, Commissioner, the ... the enterprise zone is a small part of the empowerment zone. It
40 June 23, 1998
hasn't changed in years. It's the same geographic area.
Commissioner Gort: OK.
Vice Chairman Plummer: Well, that's 19.
Commissioner Teele: But we're on 18 right now?
Vice Chairman Plummer: That's correct, sir.
Commissioner Gort: Eighteen.
Ms. Warren: We're on 18.
Commissioner Teele: We're talking about the Urban Job Tax Credit Program.
Ms. Warren: Correct.
Mr. Donmez: That's Correct.
Commissioner Teele: Nineteen is the empowerment zone?
Commissioner Gort: Right.
Mr. Donmez: Correct.
Vice Chairman Plummer: All right. On 18, all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-635
A RESOLUTION, WITH ATTACHMENT, NOMINATING THE
GEOGRAPHIC AREA KNOWN AS THE CITY OF MIAMI STATE
ENTERPRISE ZONE ("ZONE"), AS SET FORTH IN EXHIBIT A
ATTACHED HERETO, FOR PARTICIPATION IN THE STATE OF
FLORIDA URBAN JOB TAX CREDIT PROGRAM IN ACCORDANCE
WITH CHAPTERS 212 AND 220, FLORIDA STATUTES; AUTHORIZING
THE CITY MANAGER TO SUBMIT AN APPLICATION FOR
DESIGNATION OF THE PROPOSED ZONE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
41 June 23, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: We're now on 19. Mr. Teele.
Commissioner Teele: Well, again, Mr. Chairman, the will of the majority of the Commission is going to
rule here but this is not what we instructed the Manager to come back with, and I think the management
owes us a very clear explanation. The memorandum does that apprise us and why you all have not done
what we instructed you to do. This is clearly not what we instructed you to do. I will not support this. I
may be the only one here that will not support it but the City of Miami has been screwed too many times and
it's time that the City conduct itself like a municipal government and not like some weak sister that lays
around for everybody to just jump on and abuse, so I just think that...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: It's very important. This zone is largely the area that I represent. It is also the East
Little Havana. I have no objections to the area. I am well aware of the Federal requirements and the State
requirements and there's no room ... room for discussion on the zone, gentlemen. The Governor has spoken.
The Federal Government has spoken. If you submitted before you submit it again. What my concern is, is
that the City of Miami be protected and the City of Miami will not be protected with a naked resolution. The
City needs an interlocal agreement, Mr. Attorney, Mr. Manager. The City needs a binding Interlocal
Agreement in its dealings with the County. If you don't do an Interlocal Agreement, I can assure you of one
thing: The money is going to go out the back door. Worst than that ... worst than that, I don't think the City
should turn over to the County the authority for administering dollars in the city. We need to do it jointly but
there needs to be an Interlocal Agreement. We could have conflicting policies. I mean, I read the Urban
Task Force says turn all land over to not -for -profits and churches. That's the most ridiculous thing I've ever
read. I'm for churches but you don't just turn land over to churches. We're selling land. We just went
through a series of selling land here today. By adopting this resolution, you are buying into things that you
don't even know are on the table. And the only thing that I'm going to say, this Commission voted
unanimously that the Manager would submit to us an Interlocal Agreement. That's what we voted.
Vice Chairman Plummer: Motion is deferred until presented with what Commissioner Teele asked for.
42 June 23, 1998
Commissioner Teele: Mr. Chairman.
Commissioner Gort: I'll second the motion.
Commissioner Teele: In fairness to the Manager, the Manager may have a reason for doing this and I'm
sure this County doesn't want to an Interlocal Agreement and the reason the County doesn't want an
Interlocal Agreement is very simple an Interlocal Agreement is binding, a resolution is not binding. And the
next City Commission or next County Commission can come in and do what the heck they want to do
because this resolution has no more authority than, you know, two guys or two people just talking it out
behind the bar. So it's up to the Commission. But I think they're ... the Manager ought to be allowed to
present their side of the story on this.
Vice Chairman Plummer: Mr. Teele, what do you wish to do?
Commissioner Teele: I would like to hear from the Manager. Then I would like to instruct the Manager to
Vice Chairman Plummer: Mr. Manager?
Mr. Warshaw: You're right, Commissioner. The County, will not accept an Interlocal Agreement. I'm
going to ask Gwen Warren to explain why.
Ms. Warren: I'm not sure I can fully explain why and I will ... would assume it's because it's legal and
binding but I'm not sure. What we did, in fact, take the City's concern.
Commissioner Regalado: Excuse me, Gwen. If I may say, we have several members of the Dade County
Commission that represent the City of Miami. We have actually six altogether from Jimmy Morales to Dr.
Carey, Rolle, Barreiro we have six within the City of Miami. We need one more for a Dade
County ... Miami -Dade County Commission action. I would think ... I would think and I would ... I will make a
commitment before this Commission to go and talk to several of those Commissioners, who I've known
for...I've known for many years personally and, you know, when they go to election, they come to Miami
because they say that they're going to do the best for the City of Miami. What Commissioner Teele is
saying is that the best for the City of Miami because we don't want to be a stepdaughter at the time of the
money. So I would ... I'm ready to go lobby some of this Commissioners but I think that this City should not
accept less than an Interlocal Agreement.
Vice Chairman Plummer: Because if not, we're going to be ... to be a step child.
Commissioner Regalado: I mean, I would ... I think that it's about time that we go to the County and we talk
to our representatives within the City of Miami and demand from them action on several issues and this is a
very important issue. I ... you know, we have a Manager in Dade County who knows what is going on here
in Miami because he was at the vortex of the crisis, so I think that it would be not arrogant on our part to go
and ask for an Interlocal Agreement. I would... frankly, myself, I would not accept a resolution with less
than Interlocal Agreement on this issue.
Ms. Warren: Again ... again, when staff ..what staff was directed to do was to take the concerns of the
Commission, which were clearly stated on the 26th, regarding our participation resource allocation, and that
we be an intrical part of the development of the empowerment zone, ground two application. The major
areas that, were outlined that staff directed to take care of, was to ensure that significantly the same
boundaries that's in ground one Application are in. As Commissioner Teele has indicated through
legislation, because we are an enterprise community, it is prohibited to redefine the boundaries of the new
empowerment zone and change them from the ground one application. That was our primary concern. The
second issue is that there's three bodies: technical support group; there's a strategic planning group;
43 June 23, 1998
ultimately, there is a governing body for the enterprise zone if we are so designated as one. What staff did
was again have a full discussion with the county staff about the Commission's concerns. We did discuss
putting that in an Interlocal Agreement. We were given two the County's staff raised two concerns: One, I
think is legitimate, as to whether or not ... we should do whatever your wishes are obviously. But the
concern that they had was given the application process, the concern that they articulated. That given the
application process, which is community driven, and ... in other words, the plan of resources, how the
program is to be operated, comes from the community level up through the governmental process. They did
not want to enter into an Agreement that would, in fact, the City and County enter into an Interlocal
Agreement, where we would identify the resources, the use of funds, and the programming prior to
community input. They actually felt that, in fact, if two government agencies were to enter into such an
agreement it would preclude us from our designation because, in fact, it flew in the face of the whole
process. So, again, they felt that the community involvement process was one of the unique features. It was
requirement and they as a government agency did not think that we should enter into a process that would
preclude community input. What staff did at that point was, again, reiterate the concerns of the
Commission. And what we felt was that we could do two things: One, the alternative discussed was to
bring back a resolution. In the resolution that we're proposing is four major areas. One, that we co-chair the
public entity chair seat. Secondly, that the resources in the strategic plan that would go forth to Washington,
that the City would have to sign off on, identifies that the resources of the hundred man of
community... Human Resource Fund would be proportionately spent based citizen participation in the
Empowerment Zone which basically means that...
Commissioner Teele: Ms. Warren, because...
Ms. Warren: We have 74 percent of the population, we should get approximately that amount of resources.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Miss. Warren, I've listened very carefully to what you said. Let's don't make more
out of this than it is.
Ms. Warren: OK
Commissioner Teele: The last point that you just made is all that we're saying and that doesn't, in any way,
abridge or truncate the community involvement process. The only thing that I asked the management to
consider is an Interlocal Agreement that merely states, among other things, that the Enterprise Zone would
ensure that a percentage... and it doesn't have to be one for one of the resources are allocated based upon the
population of the zones and that this protects Homestead; it protects Florida City; it protects everybody
equally. What we're talking about here is, we don't want the bait and switch and there is no assurance to any
of that. Now, I heard very carefully what you said about not interrupting anyway or interfering with the
community input process; that we don't want this to be a done deal; that this disqualifies or some way
discounts our application. None of us want that. We want the win but what we want, Miss. Warren, we
want to ensure that the City of Miami is not again used to get the application and then the residents of the
City see the funds go elsewhere. And I can tell you ... speaking on behalf of Overtown, which is an intrical
part of this. This has happened too many times. It's too well documented. It is extremely well documented
that monies that have been oriented for a specific areas wind up getting used up and redirected and
everybody gets creative and after a while you don't have any money for the people that its intended. So I
don't think we ought to make more out of this than it is. If they're in agreement on that principle, then all
we're saying is, let's put that to writing and let's have a contract on it. An Interlocal Agreement is the way
governmental, our obligations do the Oversight Board are codified in an Interlocal Agreement. OK. This
isn't cutting edge stuff here. That's the way the governments do business with each other. Governments do
business with each other via Interlocal Agreements and all that I'm suggesting is, not that we want to do
anything to dampen or to dilute or to minimize public involvement. We want to respect the fact that there
44 June 23, 1998
can only be one application and the County is taking the lead in that and we want to be deferential to them in
that regard. But, as it relates to the citizens of Miami that make up a part of this zone, both in East Little
Havana and in Overtown and the other areas that may be included, a portion of Allapattah, I believe, we
want to ensure that those citizens are protected.
Mr. Warshaw: Commissioner, I hear you loud and clear and I would ask that you give me the opportunity to
sit down with Merritt Stierheim and come back to you at the next meeting. See if we can get this done the
way you want it.
Commissioner Teele: Now, to that extent the ... if this resolution is not ... if this resolution, in no way, is the
definitive statement as to what our position is, then I would be prepared to support the resolution as it relates
to the matters unrelated to that but I would like an amendment to the resolution further instructing the
Manager... requesting that the Manager, in conjunction with the office of the Mayor, work to develop an
Interlocal Agreement for the purpose of administering the zone.
Commissioner Gort: So you're making a motion with that amendment.
Commissioner Teele: I would like to so amend it.
Commissioner Gort: So moved.
Commissioner Teele: Move it with amendment if that's appropriate, Mr. Attorney.
Mr. Warshaw: It is.
Commissioner Gort: Is there a second? Take other. I'll second.
Vice Chairman Plummer: All right. This is a resolution. Let me ask a stupid question, Mr. Teele. I'm
going to ask of you because you're more versed in this than anybody, or Gwen.
Can we big boys and be on our own?
Ms. Warren: No.
Commissioner Teele: No.
Ms. Warren: Totally recommend against it. And the Feds too.
Vice Chairman Plummer: OK Item seventeen.
Commissioner Gort: I have a question. Wait a minute before we move, my question is and I sent a memo to
your office, where you suggested a Committee and certain participants ...most participants in that were City
staff. My memo to you is, let's utilize, if possible... nominate someone to provide services within those areas.
Can we do that?
Ms. Warren: I'm sorry? I'm not clear on the question.
Commissioner Gort: I received a memo ... and I don't know if it's here or not ... whether or not you are
recommended to have a committee to work with you all, which committee is composed only of City staff. I
think one individual. My suggestion is, let's try ... if it is possible and it's legal to have representatives of the
providers within those areas to be part of that committee.
Ms. Warren: OK
45 June 23, 1998
Commissioner Gort: OK Because they're the ones that can give most of the information.
Commissioner Sanchez: Gwen, I have a question. Is the deadline October the 9th.
Ms. Warren: Yes. But the application is due to the state on September 18th.
Commissioner Sanchez: Are we going to have enough time?
Ms. Warren: We'll make it happen.
Mr. Warshaw: We're already a part of the process and our people are participating in meetings but I think
we're —we'll have enough time, based upon our involvement, but we will definitely explore the Interlocal
Agreement to solidify that relationship.
Vice Chairman Plummer: OK. All in favor of item ... oh, I'm sorry. Mr. Regalado.
Commissioner Regalado: No. I just ... I agree with the amendment. I still have my commitment to go and
talk to some members of the Commission regardless but I think I should wait for the Manager to meet with
the County Manager and then give me his ideas on what to discuss with the members of the County
Commission.
Vice Chairman Plummer: All in favor of Item 19.
Commissioner Teele: Mr. Chair, before you move it ... I realize...
Vice Chairman Plummer: I'm sorry.
Commissioner Teele: Now, does this give you the authority to hire the staff and the consultant? You know,
the County did this about 90 days ago.
Ms. Warren: I know.
Commissioner Teele: And we've got grants. I know we just had presentation from Welfare to Work but
we've got grants that don't even have staff hired that were given to us in October, OK. And you'll recall in
December, before we hired the Manager, I moved a series of items to try to get the staff up-to-date. It just
takes us, Chief, a very long time getting people on board and I would really urge you to move quickly on
this because this train has literally left the station. I think the Manager ... the County has done and
outstanding job in hiring Cynthia Curry and other people of that quality and we've got... to go to
Commissioner Plummer's point, we've got to be in a position to articulate the City of Miami's position and
we can't do this at the 11 th hour. And whatever staff we need should have been on board 60 days ago. So I
just want to take this opportunity to encourage you, Mr. Manager, to move forward on this and not let this be
something...
Vice Chairman Plummer: So be it.
Commissioner Teele: And also, we're going to be out on vacation, I would assume, in August, right?
Vice Chairman Plummer: Hopefully, yes.
Commissioner Teele: Now, this application is due on the ... in the state....
46 June 23, 1998
Ms. Warren: The 18th of September.
Commissioner Teele: On the 18th of September. So we need to look at those timings and make sure that
we're not, you know, getting this thing on September the 16th and asking us to approve it. So I would ask
the Manager, respectfully, to look at a timetable that allows us an opportunity to make some meaningful
input.
Mr. Warshaw: Which will be in July.
Vice Chairman Plummer: Mr. Manager, just ... all right. Let's call the ... all in favor of Item 18, say "aye."
Mr. Walter Foeman (City Clerk): Nineteen.
Commissioner Teele: Nineteen.
Vice Chairman Plummer: Nineteen. I stand corrected. Nineteen.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.98-636
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO PARTICIPATE IN THE PREPARATION OF THE FEDERAL
EMPOWERMENT ZONE ROUND 11 APPLICATION WITH MIAMI-DADE
COUNTY ("COUNTY") TO INCLUDE: (1) ASSIGNING AND/OR HIRING
ADDITIONAL STAFF TO PROVIDE ASSISTANCE TO THE COUNTY IN
CONNECTION WITH THE EMPOWERMENT ZONE PLANNING AND
DESIGNATION PROCESS AND (2) ENGAGING PROFESSIONAL
CONSULTANTS TO PROVIDE ADDITIONAL SUPPORT; ALLOCATING
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FROM
ACCOUNT CODE NOS. 799302.452323-270, 153001.452160-270,
799210.459015-270, 799203.459016-270, 194005.590605-270, 113009.590322-
270 AND 113009.590321-270 IN AN AMOUNT NOT TO EXCEED $100,000
FOR PROFESSIONAL CONSULTANT FEES AND CDBG FUNDS FROM
ACCOUNT CODE NOS. 799302.452423-010 AND 799210.459018-010 IN THE
AMOUNT OF $100,000 TO HIRE ADDITIONAL STAFF, SUBJECT TO THE
COUNTY AGREEING TO CERTAIN TERMS AND CONDITIONS;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO FORWARD A
COPY OF THIS RESOLUTION TO THE COUNTY UPON ADOPTION
THEREOF AND TO REQUEST THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPT A RESOLUTION AGREEING TO THE TERMS
AND CONDITIONS SET FORTH HEREIN; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO NEGOTIATE AN INTERLOCAL
AGREEMENT WITH THE COUNTY MANAGER PREDICATED ON SAID
TERMS AND CONDITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
47 June 23, 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.
23. DISCUSS RESCHEDULING SECOND MEETING IN JULY FROM JULY 28, 1.998 TO JULY 21,;
1999.
Vice Chairman Plummer: Mr. Manager, we have ... in July, usually we have moved the last meeting up so
that if a Commissioner wanted to take a nice vacation, he would have the opportunity of having six weeks
instead of four. I would suggest, sir, that you look at your calendar and if there is no problem, that you
possibly move the second meeting in July up at least a week, if not more. Does any Commissioner have any
problem with that? I would suggest we look at July 21 for the second meeting. If there's any...
Mr. Warshaw: We have oversight board meeting July. We'll come back this afternoon with a date.
Vice Chairman Plummer: All right. That's fine.
Commissioner Teele: Commissioner, on 19, if I may?
Vice Chairman Plummer: Yes, sir.
24. CONTINUED DISCUSSION REGARDING PREPARATION OF EMPOWERMENT ZONE ROUND'
If: APPLICATION WITH MIAMI-DADE COUNTY DIRECT CITY MANAGER TO PLACE'
SOMEONE FULL TIME SUCH AS A LOAN EXECUTIVE ON SAID PROJECT.
Commissioner Teele: Mr. Manager, I would also respectfully urge you to put someone relatively fulltime.
The Mayor and I had long discussion on this, when we were communicating, a few weeks ago and I...
Vice Chairman Plummer: During which Manager?
Commissioner Teele: And I certainly ... you know, the Mayor agreed that we should put somebody ... I
mean ... see, this is the problem. They've got people of the quality of Cynthia Curry and the entire task force
doing nothing but this and Cynthia headed the County's efforts before. So this is ... you know, she's way
ahead of everybody on this. And I don't mean to build her up in any way. But a fact of the matter is, we're
dealing with a pro and an expert here and we're going to get our lunch eaten fooling around with Miss. Curry
if we don't have some people that are literally of the same health and the same quality, that have the same
time commitment to this.
Vice Chairman Plummer: And...
Mr. Donald Warshaw (City Manager): And, Commissioner, this is a loaned executive that needs to go
full-time and I assure you that that appointment will be made very, very shortly. That is ... thafs a person who
48 June 23, 1998
will be there full-time throughout the process.
25. TABLE CONSIDERATION OF AGENDA ITEM 20 TO LATER IN SESSION (FIRST READING
ORDINANCE: AMEND CHAPTER 2, ARTICLE II, OF CODE BY CLARIFYING SECTION 4(OX6) OF
CHARTER: ADMINISTRATION / MAYOR AND CITYCOMMISSION AS IT RELATES TO TIME
WHEN REMOVAL OF CITY MANAGER BY MAYOR TAKES EFFECT).
Vice Chairman Plummer: That's fine. Let me ask this question, Commissioner Regalado. Because of the
problem that I have and Commissioner Gort has, your Item Number 20, in relation to the Charter change
about the removal of the Manager, could that be put off without any major problemtil the next meeting?
Commissioner Regalado: I don't have any problems. The only thing is that we have called for a public
hearing and the Mayor wanted a public hearing and I don't know who's going to show up because we set a
time certain.
Vice Chairman Plummer: OK. All right, we'll leave it then. All right. That concludes the agenda of the
morning.
Commissioner Regalado: Can we...
Commissioner Gort: Let me ... let me ask a question.
Vice Chairman Plummer: Yeah.
Commissioner Gort: In dealing with that, the 10 days, I don't have any problem with that. But I think, in
looking at the ordinance, the one thing we need to look at, which is not in the ordinance and is not certain,
how many times can we go through this process?
Commissioner Regalado: Absolutely.
Commissioner Gort: I mean, I want to...
Vice Chairman Plummer: We've got to go through the checks and balance.
Commissioner Gort: It's got to go through checks and balance but I don't want to be able to ... that we
reinstate the Manager and then, whoever the Mayor is ... whatever the case is, I'm talking about in the
future ... they fire him again.
Vice Chairman Plummer: OK. We'll discuss it...
Commissioner Gort: They reinstate him. They fire him again. I'd like to see a limit to that.
Vice Chairman Plummer: Let's discuss it this afternoon. I agree. It should be once. Because, in reverse, if
the Man ... if the Mayor appoints a Manager and we overrule, it ends it there, correct, Mr. City Attorney?
Mr. Vilarello: Yes.
49 June 23, 1998
26. VICE CHAIRMAN PLUMMER DISCUSSES ORDER OF AFTERNOON MEETING:
Vice Chairman Plummer: So in that way of the train traveling, it's absolute and it should be both ways. OK.
Now, the Mayor has asked that the five-year budget, Mr. Teele, be the first item of the afternoon agenda at
two o'clock.
Commissioner Regalado: Can we ... Mr. Chairman, can we do pocket items now?
Vice Chairman Plummer: We're going to but let me establish the record.
Commissioner Regalado: OK.
Vice Chairman Plummer: OK. So we're going to do the Five -Year Plan at two o'clock, which will be the
first item. Then we will go into zoning. And then we will have at five o'clock or hopeful... well, we can't do
it sooner. We will have the episode relating to the City Manager. OK.
27 DIRECT CITY MANAGER TO STUDY REDUCTION OF MEDIAN AREA ON SOUTHWEST'.
$ STREET AND 73 COURT TO PROVIDE ADDITIONAL PARKING SPACES IN AREA.
Vice Chairman Plummer: We will now go into pocket items because we have time to get finished and I'll
start with Mr. Regalado.
Commissioner Regalado: Yes, sir. I have a ... actually, two but one. There is a pocket item regarding the
project that DOT ... it's about to begin in Southwest 8th Street. I would like ... before I give you this pocket
item, to say that we leave a problem with Southwest 8th Street project. This is one of the major projects ever
done in the City of Miami. It's going to be done from the Palmetto east to Southwest 27th Avenue, 8th
Street and it's going to be done starting, I think, Jim, in October. However, yesterday, I had a meeting with
Jose Abrero, who is the Chief District Manager for the DOT, and if they don't resolve a situation that they
have with the Citizens Advisory Board, the project will be eliminated. That will be a tragedy for the City of
Miami but I think that you all should be made aware that we have this situation and I ... as part of this project
and, Jim, I would really like for you to give the Commission a brief report of this project. I've been briefed
by Mr. Abrero and all the State of Florida team that is working on this project and I think it's going to be one
of the biggest projects ever.
Vice Chairman Plummer: Mr. Kay.
Commissioner Regalado: ...taken by the City. So, if you can... because the pocket item has to with this
but ... so the Commission know the importance of this project. Jim.
Vice Chairman Plummer: You got two minutes.
Mr. Jim Kay (Director/Public Works): This is a complete rebuilding project by theFDOT of Southwest 8th
Street.
Vice Chairman Plummer: It's going to be devastating.
Mr. Kay: It will include everything new and the street will be stripped down to its sub -base. A new base
will be put in. A new drainage system, minimum of landscaping, new sidewalks, curbing. It is ... I think it's
estimated somewhere around twenty-five million dollars ($25,000,000). That was the original estimate. It
may have gone down some, I think, after the revised the usual costs.
50 June 23, 1998
Commissioner Gort: That would be unusual. It usually goes up.
Mr. Kay: But this ... the project is from, as Commissioner said, 27th Avenue to Palmetto Expressway. And
the construction...
Vice Chairman Plummer: Can I ask a question?
Mr. Kay: Go ahead.
Vice Chairman Plummer: Am I envisioning that they're going to close the whole street or they going to do
half of it at a time?
Mr. Kay: No. That...
Commissioner Regalado: No. Commissioner, that's ... Mr. Chairman, that's the problem. The DOT has
offered a one million dollar ($1,000,000) bonus to the contractor that finishes the project before the time that
was set, but there was ... about three days ago there was a discussion between the Citizen's Advisory Board,
that they wanted the pavement at night and that there is some difference between the ideas of the contractor
and the Citizen's Advisory Board. And what they going to do and what we have requested is that they do it
on two blocks by two blocks. To answer your question is that, they're not going to close Southwest 8th
Street completely. One line will be closed ... will be done and then the other side would be done and it's two
blocks by two blocks.
Mr. Kay: All right. what's envisioned is ... is to do have the street at a time and move forward. That way, so
that traffic will be able to ... to flow through...
Vice Chairman Plummer: Flow.
Mr. Kay: ...Southwest 8th Street.
Vice Chairman Plummer: Yeah. But, you know...
Mr. Kay: And that's an area where you have two-way traffic.
Vice Chairman Plummer: Well ... OK.
Mr. Kay: Also...
Vice Chairman Plummer: Also, Jim, we're looking at the fact, as he said, a lot of that work can be done at
night, OK, when you're not tieing up, you know, one of the main, main arterials of this community.
Commissioner Regalado: Well, I will tell ... I will tell you that I ... I am ... I'm really concerned because this
difference may scrap the project at all and I think that if we don't get this money right now, we will never get
it ever. I can assure you of that. So I am ... I'm trying to meet with members of the Citizens Advisory
Committee...
Vice Chairman Plummer: OK.
Commissioner Regalado: ...to see if they can resolve that. The item ... and, by the way, the City of Miami is
the only one that has not signed an agreement with the State of Florida to maintain the landscaping. The
City of Coral Gables, the City of West Miami and the County had already signed. And they say that we told
51 June 23, 1998
them that we don't have the resources to maintain. You know, the landscaping is minimal, as you said, Jim.
So I'm just want you to be aware of that, Jim, because that's what they told me. The pocket item has to do
with an area surrounding Southwest 8th Street and Tamiami Boulevard, that is scheduled to undergo
modifications due to the reconstruction of the Tamiami Trail. Currently, 24 parking spaces are located on
each side of Southwest 73rd Court, including a median area. The proposed reconstruction of the Tamiami
Trail will reduce the number of parking spaces from 24 to nine. The merchants in this area are concerned
that the reduction of parking spaces will have tremendous consequences on their ability to accommodate
customers. Therefore, this merchants suggest that the median area is reduced, which could provide 12
additional parking spaces. This has been discussed with DOT and I think that if we approve this, all the
merchants in that area ... there is a three blocks area that believe that this ... this will be the only way that they
can salvage some parking spaces.
Vice Chairman Plummer: Moved by Regalado. Seconded by...
Commissioner Sanchez: Second.
Vice Chairman Plummer: ...Sanchez. All in favor say "aye." Show it unanimous.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-637
A MOTION DIRECTING THE CITY MANAGER TO STUDY POSSIBLE
IMPACT OF HOW A REDUCTION IN THE MEDIAN AREA (ON S.W. 8
STREET AND 73 COURT) IN ORDER TO PROVIDE 12 ADDITIONAL
PARKING SPACES (SIX PARKING SPACES ON EACH SIDE OF THE
MEDIAN) WILL AFFECT BUSINESSES.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
U. 2'AUTHORIZE _CITY MANAGER TO EXECUTE AGREEMENT WITH YMCA FOR PUBLIC'
SERVICE AIDE'- FOR EAST LITTLE HAVANA YOUTHDIVERSION PROGRAM.
Vice Chairman Plummer: Mr. Teele, pocket items? Mr. Teele?
Commissioner Teele: Temporarily passing.
Vice Chairman Plummer: I'm sorry?
52 June 23, 1998
Commissioner Teele: Temporarily passing.
Vice Chairman Plummer: Temporarily passing. Mr. Sanchez, pocket item.
Commissioner Sanchez: Mr. Chair, I have one pocket item. It's a resolution authorizing the City Manager
to execute a professional service agreement in the form acceptance to the City Attorney with YMCA of
Greater Miami for a period of one year with the option to extend for two additional onayear in period,
subject to the availability of the funds, to provide youth services for the City of Miami Police Department
and allocating funds therefore in the amount not to exceed forty-four thousand four hundred eighty-one
dollars ($44,481.00) for the East Little Havana Minority Youth Diversion Grant. My fellow
Commissioners, the money is there and if we don't use it, we may lose it.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Gort. It's a grant. Any further discussion? No
further discussion. All in favor, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed?
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-638
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE YMCA OF
GREATER MIAMI, INC., TO PROVIDE YOUTH SERVICES FOR THE CITY
OF MIAMI POLICE DEPARTMENT FOR ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $44,481.00;
ALLOCATING FUNDS THEREFOR FROM THE EAST LITTLE HAVANA
MINORITY YOUTH DIVERSION GRANT, ACCOUNT NO.
142020.291401.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
53 June 23, 1998
29. AUTHORIZE GRANTING REVOCABLE LICENSE TO HYATT EQUITIES, L1,.C. FOR SUB-'
LICENSING TO HAMILTON' S RESTAURANT - FOR EXTENSION OF PATIO AREA.
Vice Chairman Plummer: Mr. Sanchez, any further pocket?
Commissioner Sanchez: No, sir.
Vice Chairman Plummer: Mr. Gort?
Commissioner Gort: Again, one. Maybe bring another on later on this afternoon. You have it in front of
you. It's from the Hyatt and it comes from Christina Abrams, Director of the Department of Conferences,
Conventions and Public Facilities. In order for the Hyatt to open up a restaurant that we've been after them
to open up major restaurants, they need some additional space and they would like to...a resolution acquiring
1700 square feet of patio adjacent to the restaurant at the Hyatt downtown. Move it.
Vice Chairman Plummer: Do you need to read the resolution into the record since it's a pocket?
Mr. Vilarello: I'll be more than happy to.
Vice Chairman Plummer: If it's necessary, yes. If its not, no.
Mr. Vilarello: I'll ... yes.
Vice Chairman Plummer: Read it.
Commissioner Regalado: Second.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. Any further discussion? Hearing none.
We'll have a first class restaurant.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-639
A RESOLUTION AUTHORIZING THE CITY TO GRANT A REVOCABLE
LICENSE TO HYATT EQUITIES, L.L.C., IN ORDER THAT HYATT
EQUITIES, L.L.C. WILL SUB -LICENSE THE USE OF THE PATIO AREA
ADJACENT TO THE RESTAURANT SPACE AT THE HYATT HOTEL,
CONSISTING OF APPROXIMATELY 1705 SQUARE FEET, TO THE
H A M I LTON' S RESTAURANT, FOR THE PURPOSE OF EXTENDING THE
RESTAURANT SERVICES TO THE PATIO AREA; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID REVOCABLE
LICENSE AGREEMENT WITH HYATT EQUITIES, L.L.C., IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THESE PURPOSES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
54 June 23, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
30. DISCUSS RESTORATIONOF TOWER'THEATER -DIRECT CITY MANAGER TO RETURN TO
COMMISSION MEETING OF JULY 14, 1998, WITH PRECISE PLAN REGARDING
CONSTRUCTION PROCESS.
Vice Chairman Plummer: Mr. Gort, any further?
Commissioner Gort: That's it.
Vice Chairman Plummer: Mr. Sanchez, any further?
Commissioner Sanchez: That's it for me.
Vice Chairman Plummer: Mr. Regalado, any further?
Commissioner Regalado: Yes, sir.
Vice Chairman Plummer: I should not have asked.
Commissioner Regalado: I...sorry.
Vice Chainnan Plummer: I got it here. As soon as they're finished, I'll read them.
Commissioner Regalado: All of you received a memo from the Manager regarding the Tower Theater and
I ... did you get it?
Vice Chairman Plummer: I didn't get it.
Commissioner Regalado: OK.
Commissioner Gort: I didn't.
Commissioner Regalado: OK. There is a memo ... I requested a report... because I've been visiting the theater
and I saw that the work was stopped and so I requested a report from the administration and I have a memo
detailing why the work was stopped and what are ... what is the situation. The administration came back with
three options for the Commission to do regarding the Tower Theater and I was trying to expedite the
administration's paperwork in bringing a very simple item here to the Commission, directing the
administration to prepare...
55 June 23, 1998
Vice Chairman Plummer: What do you have?
Commissioner Regalado: Taking... accepting the third option.
Vice Chairman Plummer: Which is?
Commissioner Regalado: The third option is right here. I have it right here. It's a very long and
complicated story with the Tower Theater. Did you all see the movie, the Money Pit?
Vice Chairman Plummer: No.
Commissioner Regalado: Well, you've got to see it.
Vice Chairman Plummer: Can I make a suggestion if its that long and none of us have seen it, except you?
Commissioner Regalado: No, no. The option is very ... very simple. Option number three is to the
maximum extent possible, continue construction of the building and interior, except for certain equipment
and furnishings, utilizing all existent funding, including the four hundred thousand dollars ($400,000.00)
allotted for food services and audio visual equipment. The building could be opened within additional
funding as obtained to provide the necessary equipment and furnishings. And what this does is that expedite
the construction. Otherwise, we have to make a decision ... and I hope it will be soon ... to either demolish the
place and lose all the money or just leave it like that.
Vice Chairman Plummer: Oh, isn't that beautiful.
Commissioner Sanchez: I have a question.
Vice Chairman Plummer: All right, wait. Excuse me, excuse me. Mr. Sanchez has the floor.
Commissioner Sanchez: I have a question.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: The developer or the constructor, did they —were they given a deadline? And if
they did not meet the deadline...
Mr. Jim Kay (Director, Public Works): They were given a ... a schedule for completion. They had to
complete the job within so many days. However, while the project was under construction, the plans that
they were going by were very much different than what they were encountering as they began
construction ... demolition and construction.
Commissioner Sanchez: Whose fault was that?
Mr. Kay: Well, we had an architectural firm that was there but we ... they really couldn't tell what was there
until the ... until some of the building what demolished, to begin with. In hindsight, what should have
happened, we should have had a demolition plan first and then a design afterwards.
Vice Chairman Plummer: Now, what you should have done is tore the damn place down and built a new
one for the amount of money that we spent. You would have had a brand new facility.
Mr. Kay: It's kind of what I said.
56 June 23, 1998
Vice Chairman Plummer: All right.
Commissioner Regalado: Well, I mean...
Vice Chairman Plummer: Mr. Regalado, do you want to move something today or not?
Commissioner Regalado: Yes, I do.
Vice Chairman Plummer: Move it.
Commissioner Regalado: I just want to move an item directing the administration to come up with a precise
plan. If you ... I mean, you all are not very familiar with the different options.
Vice Chairman Plummer: No, sir.
Commissioner Regalado: So I would not subject this Commission to take...
Vice Chairman Plummer: What are you recommending?
Commissioner Regalado: I'm recommending that, as soon as possible, before the next Commission meeting,
that the administration will brief all the members of this Commission because we're spending a lot of
money ... we have spent a lot of money on that project. And we'll discuss it the last option on the July 14th
meeting.
Vice Chairman Plummer: That does not take action. Mr. Manager, you're instructed to brief each
Commissioner on the resolution that we didn't see.
Mr. Donald Warshaw (City Manager): Yes, sir.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, on the point ... on the item, the Commission approved, I think, in the
last meeting the selection of an outside firm to help us avoid these kind of problems and I think this
project has an architectural engineering firm but I think it's very important that we hear from the
professionals or the Manager hear from the professionals. I want to be on record as saying that I don't
think we have enough historic properties in this city and I really think that we should take some time to try
to restore some. But I am very, very concerned, as Commission Plummer and others are, about this
bottomless pit that we've created here. It takes more money to restore than to build. It's much easier to get a
bull dozer. Thank God the people on Miami Beach had the good sense not to let all the developers bull doze
what is now South Beach, as a lot of people wanted to do and, as a result, they have something to work with.
I think the theater could be a very important tourist draw. I think it could be an important statement. But I
think we need to know what we're doing and I think we all agree that this needs a professional Manager's
recommendation and I wholeheartedly endorse what Commissioner Regalado is saying.
Vice Chairman Plummer: All right, sir. Do you have...
Commissioner Teele: I have a pocket item.
Vice Chairman Plummer: All right, sir.
Commissioner Regalado: We need to vote on this one or...
Vice Chairman Plummer: No, sir. Not to ... why don't we just instructing the Manager to go around and brief
57 June 23, 1998
everybody.
Commissioner Regalado: OK.
Commissioner Gort: Can I ask ... can I ask a question, Mr. President?
Vice Chairman Plummer: Surely.
Commissioner Gort: My understanding is, from what I hear, there's enough funding to finish it if it utilizes
the money that was allocated to furniture and equipment, which, my understanding, what about a half a
million dollars.
Mr. Kay: Four hundred thousand dollars ($400,000.00).
Commissioner Gort: OK. When you come back with a report, what I'd like to know, if we utilize that
money to finish the construction, we going to have a beautiful building but I would also like to know the
feasibility of having someone come in and place... replace that expenditure.
Vice Chairman Plummer: Be the first theater in the south that you can sit on the floor with a rug and watch
the movies.
31. DISCUSSION REGARDING MOVING COMMUNITY REDEVELOPMENT AGENCY OFFICES
TO MIAMI RIVERSIDE CENTER.
Vice Chairman Plummer: Mr. Teele, you have a pocket?
Commissioner Teele: Two items. One, Mr. Manager, the CRA has been working, I think, through each
individual Commissioner's office trying to identify space in the MRC. The previous Manager apparently
had made some space available. Apparently, that's, again, one of these matters that may be fallen through
the crack. The reason is that the building has been broken into twice where they are and there's... appears to
be a sincere concern about security. I would appreciate if you would look into the matter and give us ... if it's
necessary to do anything this afternoon, if you would ... I'd appreciate if you'd look into it. But I know that
Commissioner Gort and others have —have weighed in on this matter and I want to be supportive of that.
There was a commitment made ... a decision made but ... but that decision apparently has been...
Vice Chairman Plummer: Do you still have my office there?
Commissioner Teele: I think so, yes, sir. And, again, you know, I think this needs to be done in a way that
each Commissioner should have ... I hate to start out where I started out as a Commissioner because the most
difficult thing that I had to do since being elected was to find office furniture and space and I don't think any
Commissioner should be subjected to that. I think every Commissioner should have space in the MRC,
whether they use it or not, and every Commissioner should have office furniture available and I don't think
this should become a grab but I would hope that, as we work through some procedures, you know, we can
get sort of a basic load of office furniture and space and all of that but I really would appreciate if you'd look
into that.
58 June 23, 1998
32. INSTRUCT CITY MANAGER TO PAVE LOTS DESIGNATED CITY/CRA LAND AND OWNED
BY NOT -FOR -PROFITS ABUTTING NORTHWEST 3 AVENUE BETWEEN NORTHWEST 8 STREET j
AND NORTHWEST 14 STREET (HISTORIC OVERTOWN PRIORITY BUSINESS CORRIDOR) -'
FOR PURPOSES OF PROMOTING BUSINESS DEVELOPMENT IN AREA.
Commissioner Teele: My pocket item is a resolution instructing the Manager, in cooperation with the
Off -Street Parking and the CRA to administratively park parking lots designated on ... on designated land
owned by the City and the CRA and not -for -profits abutting 3rd Avenue, between 8th Street and 14th in the
area designated by the Commission as the historic Overtown business priority for the purpose of promoting
business development in this corridor. And this is just so that we can all begin to sit down. It doesn't require
the expenditure of any money at this time but to begin a process.
Vice Chairman Plummer: Seconded by Mr. Gort. All in favor, say "aye". Opposition? Show unanimous.
The Commissioner (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-640
A RESOLUTION INSTRUCTING THE CITY MANAGER, IN
COOPERATION WITH THE DEPARTMENT OF OFF-STREET
PARKING AND THE COMMUNITY REDEVELOPMENT AGENCY
(CRA), TO PAVE PARKING LOTS OWNED BY NOT -FOR -PROFIT
BUSINESSES ABUTTING N.W. 3RD AVENUE, BETWEEN N.W.
8TH STREET AND N.W. 14TH STREET IN THE AREA
DESIGNATED AS THE HISTORIC OVERTOWN PRIORITY
BUSINESS CORRIDOR, FOR THE PURPOSE OF PROMOTING
BUSINESS DEVELOPMENT IN THE CORRIDOR.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
59 June 23, 1998
33. CONFIRM RESOLUTION 98-626 = ACCEPT PLAT ENTITLED BRICKELL CHASE.
Vice Chairman Plummer: The chair has three items, of only which one is mine but I'll start it off.
[AT THIS TIME VICE CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: I so move.
Mr. Foeman: I need a seconder.
Commissioner Regalado: Second.
Vice Chairman Plummer: And all in favor say "aye". Any opposition? Show Unanimous.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-641
A MOTION CONFIRMING RESOLUTION NO.98-626, WHICH HAD
ACCEPTED THE PLAT ENTITLED `BRICKELL CHASE."
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
34. AUTHORIZE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT WITH
BAYFRONT VENTURES, INC. - FOR WAREHOUSE SPACE AT MILDRED AND CLAUDE PEPPER
BAYFRONT PARK.
[AT THIS POINT VICE CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: I so move.
Mr. Walter Foeman (City Clerk): Seconder?.
Vice Chairman Plummer: Any opposition? Show unanimous.
60 June 23, 1998
The Commission (Collectively): Aye.
Commissioner Teele: Question, question.
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: The lease amount, was that subject to an RFP or anything?
Vice Chairman Plummer: No, sir. It's not a lease. It is a revocable and it's 15...
Commissioner Teele: No. The dollar amount.
Vice Chairman Plummer: The dollar amount was negotiated by the board.
Commissioner Teele: By the...
Vice Chairman Plummer: By the Bayfront Park Board.
Commissioner Teele: So you're comfortable with this?
Vice Chairman Plummer: Oh, absolutely.
Commissioner Teele: And the Management's comfortable with this?
Vice Chairman Plummer: I assume they ... well, they don't have to answer that. The City Attorney has gone
through it.
Mr. Vilarello: Yes. It's a license fee
Commissioner Gort: I have a question.
Vice Chairman Plummer: OK. Mr. Gort.
Commissioner Gort: My understanding is, that we pass the resolution which have been presented here, that
any pocket item that would has any physical impact on the City of Miami budget would be analyzed and
approved by the Manager.
Vice Chairman Plummer: Well, excuse me. This is money coming into the park, not going out.
Commissioner Gort: Into the park but not...
Vice Chairman Plummer: No. It's the Bayfront park. This is the warehouse, sir.
Commissioner Gort: I also wanted to put this in here because my understanding is, there was some
comments about all pocket items, I just wanted the public and people to know that that...
Vice Chairman Plummer: Yeah.
Commissioner Teele: But Mr. Chairman?
Vice Chairman Plummer: Surely.
61 June 23, 1998
Commissioner Teele: I just want to ... I support the item in principle. I just want to understand the process.
Did the Manager and the ... what is this... Facilities Management people look...
Vice Chairman Plummer: Ira Katz.
Commissioner Teele: No, he's the executive director of the...
Vice Chairman Plummer: Of the park.
Commissioner Teele: of the park. You all don't bring those items through the Manager? They come
directly here?
Vice Chairman Plummer: Oh, no, no. This is a park item. We're a trust. If it is a lease or other contractual
agreements, we do have to bring them before the City Commission, yes. But this is not a lease.
Commissioner Teele: I understand but what I'm saying is, the professionals for the City that manage or that
look at these things ... what is this thing called, Facilities Management here?
Vice Chairman Plummer: Yeah.
Commissioner Gort: Yes.
Commissioner Teele: Everywhere in the world it's GSA but Miami is different so why not let it be Facilities
Management.
Vice Chairman Plummer: The problem is, I don't want them negotiating for me. They don't do as good.
Commissioner Teele: Did the facility management people look at this? I just want to know what the
process is.
Vice Chairman Plummer: I would answer no, they haven't.
Mr. Warshaw: No, we haven't.
Commissioner Gort: The feedback that I received is that the board think they can do better than the...
Commissioner Teele: Huh?
Commissioner Gort: The feedback that I received is that the Executive Director and the Board could
probably negotiate a lot better than our people can. That's what I'm...
Commissioner Teele: Well, I didn't ... I didn't say ... I didn't ask that question to get that response. You're
going to step into some deep stuff here.
Vice Chairman Plummer: All right. What ... Mr. Teele, what...
Commissioner Teele: I'll call the question.
Vice Chairman Plummer: OK. All in favor say "aye.". All oppose say no.
62 June 23, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-642
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH BAYFRONT VENTURES, INC., FOR USE OF
APPROXIMATELY 1,800 SQUARE FEET OF WAREHOUSE SPACE
IN THE SERVICE BUILDING AT THE MILDRED AND CLAUDE
PEPPER BAYFRONT PARK (THE "AREA"), FOR A MAXIMUM
PERIOD OF TWENTY-FOUR MONTHS AND FOR AN ANNUAL
PREPAID FEE OF $15,000, PLUS OTHER CONDITIONS AS MORE
SPECIFICALLY SET FORTH IN THE REVOCABLE LICENSE
AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
35. AUTHORIZE CITY MANAGERTO EXECUTE MUTUAL AID'' AGREEMENT WITH SCHOOL
BOARD OF MIAMI 'DADE COUNTY - FOR RENDERING OF MUTUAL AID FOR LAW
ENFORCEMENT.
Vice Chairman Plummer: All right, my final is a reso...
Commissioner Gort: (Inaudible)
[AT THIS POINT VICE CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: I so move.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Any further discussion?
Commissioner Teele: Question. Do the other cities have this, Miami Beach?
63 June 23, 1998
Vice Chairman Plummer: With the School Board, I don't think so.
Mr. Warshaw: I'm not sure. We have, Commissioner, a mutual aid agreement, a joint agreement with the
County and all the municipalities. Now, this is something we've been working on with the School Board for
us. It's taken a long time because there was an issue of so many feet or yards outside or inside the school
boundaries, so this is a more generic agreement that gives cross jurisdiction to our police department and the
School Board police as it relates to City of Miami School Zoning. I don't know...
Mr. Vilarello: Commissioner, the representation was, from the School Board, that this is the agreement that
all other municipalities have executed.
Commissioner Teele: That's the only question I have.
Vice Chairman Plummer: Yeah. And, Mr. Teele, for your information, I'm very much aware that they do
assist the City of Miami Police Department a great deal of the time. Great deal of the time. Mr. Manager.
Commissioner Teele: Call the question.
Vice Chairman Plummer: All in favor say "aye.". Oppose? Show it unanimous.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-643
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE SCHOOL BOARD OF MIAMI-DADE
COUNTY FOR THE PURPOSE OF RENDERING MUTUAL AID
FOR LAW ENFORCEMENT.
(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:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
64 June 23, 1998
36. DIRECT CITY MANAGER TO REVIEW RETURN OF YOUTH GROUP TO SEMINOLE DOCKS
IN ORDER TO ASSIST PUBLIC WITH THEIR BOATS.
Vice Chairman Plummer: Mr. Manager, I'm only going to bring this subject up ... maybe I shouldn't but I'm
going to. We have a group of young men over here ... Joe, listen to this ... at the Seminole docks. They go out
there and they assist people, helping them put their boats in the water. Now, one of them went wild the other
day and caused a commotion and caused a problem and, because of that, we've run them off and I want to
tell you, Mr. Manager I've had two or three calls of people who previously had had these ... the help of these
people. People don't want to get down in the water to get their boat in, to get their boat out. I don't know
what we can do. That we had five, six, seven, eight of these people over there. They were making a living.
They weren't selling drugs. They were doing an honest day's work. Two or three people have called my
office and said is there any way we can allow them to go back. OK. I'm only asking you to look at it. I
don't know how you can control it.
Commissioner Gort: Let me give you a suggestion. Because this is something that we're going to do at the
produce market to use some of the homeless, some of the people there to work. What we're saying is, sit
down with this individual, give them an ID, and let him wear him an ID. Check him out.
Vice Chairman Plummer: All right. Saturday, the busiest day over there, they keep the place clean. They
assist the people in parking their trailers. And what did we do? We sent a police car down and arrested all
of them and hauled them off. OK. Look, it might not be anything we can do. I just felt, here are guys that
were working. They're not out selling drugs. And if there's a possibility that they can make an honest day's,
let them try to do it. So I leave it up to you. Is there any other matters...
Commissioner Gort: My understanding ... I'm not an attorney but I think you can check with a Law
Department that, if you put a sign up saying these individuals are on their own and if you utilize them, its up
to you and you sub ... they can be cleared of liability.
37BRIEFDISCUSSION REGARDING APPOINTMENT TO BAYSIDE' MINORITY FOUNDATION'.
Commissioner Teele: Are you going to do appointments?
Vice Chairman Plummer: Are there any other matters.
Commissioner Teele: You going to let Commissioner Gort do any appointments that he has?
Vice Chairman Plummer: You have any appointments to make?
Commissioner Sanchez: I do.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Gort: My ... my understanding ... and I've got to think about my appointment. My
understanding, from the memo that I received, I have an appointment at Bayfront Park.
Mr. Foeman: The Bayfront Park Minority Foundation, I'm awaiting a memo or a letter from the Foundation
as well as the Rouse Company as to...
Commissioner Gort: I received the memo with the ... I think you sent it to me with the person who was
appointed by my office 10 years ago, 12 years ago is now being appointed by the corporation.
65 June 23, 1998
Mr. Foeman: We need ... we need documentation from that The Rouse Company has opened up a new slot
and they said that will be forthcoming. And I'm going to schedule it for the July meeting.
Commissioner Gort: OK.
3 8. APPOINT PAUL SINGERMAN TO BAYFRONT PARK MANAGEMENT TRUST.
Vice Chairman Plummer: Mr. Sanchez, any appointments?
Commissioner Sanchez: Bayfront Park.
Vice Chairman Plummer: Bayfront Park Trust.
Commissioner Sanchez: And that will be Paul Steven Singerman.
Vice Chairman Plummer: All right. Is there a second?
Commissioner Teele: Second.
Vice Chairman Plummer: All in favor say "aye.". All oppose? Show unanimous.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-644
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST
FOR TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
66 June 23, 1998
39. BRIEF! DISCUSSION REGARDING APPOINTMENT OF CHARLES FLOWERS TO ZONING
BOARD.
Vice Chairman Plummer: Mr. Teele, appointments?
Commissioner Teele: Mr. Charles Flowers to the Zoning Board, removing him from the Affirmative
Action Board and...
Mr. Foeman: Excuse me. I'd like to check it, Commissioner. Because zoning is an application board. And
we were ... I was instructed at the last meeting to go back out and that's a 30-day period from the point that I
advertise that to bring it back.
Commissioner Teele: So they have to apply? He has to apply?
Vice Chairman Plummer: Mr. Regalado, any appointments?
Vice Chairman Plummer: None. All right. Mr. Gort, you have any appointments?
Commissioner Gort: No, I don't.
Vice Chairman Plummer: All right. ladies and gentlemen, this Commission... Mr. Manager, you got
anything else?
Mr. Warshaw: No, sir.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: No, sir.
Vice Chairman Plummer: Mr. Clerk?
Vice Chairman Plummer: This Commission stands in adjournment until 2 p.m. this afternoon. Two o'clock.
40. CONTINUED DISCUSSION REGARDING AGENDAITEM 3 (APPROVE PURCHASE' OF FLEET
MANAGEMENT SOFTWARE SYSTEM).
[AT THIS POINT, AT 2:11 P.M. COMMISSIONER TEELE AND COMMISSIONER GORT ARE
ABSENT FROM THE COMMISSION CHAMBERS.]
Vice Chairman Plummer: Sanchez. We're back in session. I'd like to revisit item ... Mr. City Manager,
Number 3, that I had deferred this morning. It's no fault of theirs that, in fact, it was changed around and
they could not take it off of a state bid so they took it off of West Palm Beach. I'm just saying that, at all
times...I'm telling Purchasing Department... whenever possible, do business with businesses in the City of
Miami. You make your money here. You spend your money here. I'll move Item 3. This is software for
the Fleet Management.
Mr. Juan Pascual: Commissioner...
Vice Chairman Plummer: Seconded...seconded by--
67 June 23, 1998
Mr. Vilarello: It requires a four fifths.
Mr. Pascual: It requires a four fifths, so we can...
Vice Chairman Plummer: It requires fourth fifths. Well, I tried. Mr. Combo, you were supposed to come
back today with what you were going to do in West Grove with zero tolerance.
Ms. Cuervo: It's on the 14th.
Mr. Warshaw: It's on the 14th. Full participation on the 14th.
Ms. Cuervo: And we have a meeting Friday to discuss it.
Vice Chairman Plummer: Oh, on the 14th. OK.
Ms. Cuervo: And we have a meeting Friday to discuss it.
Mr. Warshaw: Right.
41. COMMENTS FROM VICE CHAIRMAN PLUMMER REGARDING NEED TO REVIEW AND
REORGANIZE NET OFFICES
Vice Chairman Plummer: I sent you a memo about the NET offices. I think the NET offices, at one time,
42. DISCUSS — SCHEDULE SPECIAL COMMISSION MEETING FOR 'JUNE30, 1998, ATrr10 A.M. IN
CONNECTION WITH FIVE YEAR PLAN FOR FISCAL YEAR 1999 THROUGH 2003.
Vice Chairman Plummer: Joe, for your information, Willie will not be back until 4:30, at best, and I have to
walk out the door at quarter to six. The only item I see that would carry us to that point is Item ... the Item 20,
is it? Yeah. Which cannot be heard until five o'clock
Mayor Carollo: The Five -Year Plan, should we wait for Willie to be here at 4:30.
Vice Chairman Plummer: No, I don't think that that's necessary.
Mayor Carollo: OK.
Vice Chairman Plummer: He can make his thoughts known. For the rest of you, Mr. Dipak indicated ... and
for the Mayor. I don't know if he spoke to you ... about the possibility of a special meeting at the end of the
month or the first of the month. I cannot do it on July the 1st. I can do it on the 30th of June, which is a
Tuesday. Is there any ... the way we normally do that, Mr. Sanchez, is we make it and we make the
resolution. If anybody has a problem, then they come back and say so. And if not, then it's approved. So, at
this time, I would say that we call a meeting for June the 30th and you have to identify the scope of the
meeting and that is for the Five -Year Plan. I so move.
Commissioner Regalado: Second.
Mayor Carollo: There's a motion. There's a second. Any further discussion on this item? All in ... all in...
Commissioner Regalado: I'm fine. What time ... what time on ... on...
68 June 23, 1998
Vice Chairman Plummer: It's up to you all. Ten o'clock is fine with me. Seven a.m. is better but you all
won't do it.
Commissioner Regalado: No, I'll do it at three a.m. but ... because I go to work at five.
Vice Chairman Plummer: OK. No problem. Ten o'clock. Ten o'clock agreeable?
Commissioner Sanchez: Fine with me
Mayor Carollo: Ten a.m.
Vice Chairman Plummer: Ten a.m.
Mayor Carollo: OK. All in favor, signify by saying "aye." Passes unanimously.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-645
A MOTION SCHEDULING A SPECIAL COMMISSION MEETING
ON TUESDAY, JUNE 30, 1998, BEGINNING AT 10 A.M., IN
CONNECTION WITH THE CITY OF MIAMI FIVE YEAR PLAN
FOR FISCAL YEAR 1999 THROUGH AND INCLUDING FISCAL
YEAR 2003.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
43.'DISCUSS RESCHEDULING JULY 28,1998 PLANNING AND ZONING COMMISSION MEETING
TO'JULY 21, 1998.
Vice Chairman Plummer: You can't vote, Mr. Mayor, so we still can't do Item 3.
Mayor Carollo: We need a four fifth on Item 3.
Vice Chairman Plummer: Correct. And the ... I would assume you might want to wait at least for Mr. Teele
on the Five -Year Plan. And, if so, then you would go right into zoning.
Mayor Carollo: OK. Do we want to go through the five year plan if we're going to have a special meeting
on the 30th?
69 June 23, 1998
Vice Chairman Plummer: Well, the problem is, is defined in the fact we talked about that this morning, that
a lot of us had just received it, so the alternatives were that we hear it today, that we defer it to a special
meeting and, if not, then we just go ahead and do it today. So we've made a special meeting. Most of the
indication of the Commission was, they wanted to do it today, am I correct? I mean ... at least wanted to
discuss it today.
Commissioner Sanchez: At least discuss it today.
Mayor Carollo: Sure. I ... I think it's very appropriate.
Vice Chairman Plummer: OK. And I've got a number of things that I want to talk about that, since we're
going to be coming back, that I think needs to be included when we come back.
Mayor Carollo: OK. So Item 3, you need four fifths. Item 14 we'll handle...
Unidentified Speaker: When Teele gets back.
Mayor Carollo: Yeah, when another Commissioner gets here. And Item 20 will be discussed at five p.m.
So there's really nothing else that we could do now until we get another Commissioner here and we'll
reconvene again when we have a fourth member of the Commission present.
Commissioner Regalado: Mayor, you want to do any zoning with three Commissioners or...
Mayor Carollo: I don't believe you could do it.
Mr. Vilarello: It's advertised for after two. It's advertised for any time after two.
Mayor Carollo: Or is it advertised for any time after? Let me...let me see if -that's right. Yeah, as long as
it's after two p.m. and it is after two p.m., so...
Vice Chairman Plummer: Yeah, but go to the PZ Agenda.
Mayor Carollo: Yep (yes).
Vice Chairman Plummer: The problem is, Mr. Mayor, and you're very much aware, that anyone usually
who is asking for deferment to a full Commission...
Mayor Carollo: True. You have three
Vice Chairman Plummer: Mr. Gort did indicate he would be back at 4:30; that he had a closing he was
obligated for, so either you can defer it until 4:30 when he gets back for a full Commission or you could
defer it until the next Commission meeting.
Mayor Carollo: I don't know if there are any items here that ... excuse me. Commissioner Teele will be here
in five minutes. You might have some items here in zoning that might not be controversial. I don't know if
that's the case or not.
Vice Chairman Plummer: Also, for the record, Mr. Mayor ... I guess Kelly wrote it down. We did change the
July meeting, the second one in July, to July 21, to give us a five-day vacation rather than ... a five -week
vacation rather than four.
70 June 23, 1998
Mr. Vilarello: Commissioner, I believe you had asked the Manager to come back to you to see if that time
would be a problem. You didn't actually do it.
Vice Chairman Plummer: Well, OK. But I've not heard to the negative. Silence gives consent. Joe,
towards the back are the City items —and a lot of them are first reading. You want to go through some of
them?
Commissioner Regalado: Mayor, why don't you start on 15
44. FIRST READING ORDINANCE: EVALUATION AND APPRAISAL REPORT (EAR) -BASED
AMENDMENT TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989 2000) (MCNP) — FOR.
PURPOSES OF AMENDINGTEXT OF GOALS, OBJECTIVES AND POLICIES OF CERTAIN:
ELEMENTS - APPLICANT: PLANNING AND DEVELOPMENT.
Vice Chairman Plummer: All right. Lefs... lets go ahead with Item 7. It's a first read ... ifs a first reading on
Item 7
Mayor Carollo: Yeah. Commissioner Plummer will preside the meeting for Planning and Zoning and when
Commissioner Teele gets here....
Vice Chairman Plummer: Is there anyone here wishing to speak on Item 7? It is a first reading and I'm
going to go through them rather quickly and we'll go in ... more in depth on the second reading. OK. Mr.
City Attorney, read Item 7. No one —let the record reflect that no one came forth to speak on Item 7. It was
moved by Commissioner Sanchez. Moved ... and seconded by Regalado. Read the ordinance.
[AT THIS POINT, AT 2:19 P.M. COMMISSIONER TEELE ENTERED THE COMMISSION
CHAMBERS.]
Vice Chairman Plummer: Mr. Clerk, call the roll on PZ•7.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, MAKING "EAR -BASED
AMENDMENTS" TO ORDINANCE NO. 10544, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, BY AMENDING
THE TEXT OF THE GOALS, OBJECTIVES AND POLICIES OF THOSE
ELEMENTS PERTAINING TO: FUTURE LAND USE; HOUSING, SANITARY
AND STORM SEWERS, NATURAL GROUNDWATER AQUIFER
RECHARGE; PORTABLE WATER; SOLID WASTE COLLECTION; PARKS,
RECREATION AND OPEN SPACE; SAID AMENDMENTS MAKING
SUBSTANTIVE ADDITIONS AND DELETIONS, TECHNICAL CHANGES,
AND UPDATING OF TIME FRAMES, ALL IN ACCORDANCE WITH THE
RECOMMENDATIONS OF "THE 1995 EVALUATION AND APPRAISAL
REPORT ON THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000" (EAR) ADOPTED NOVEMBER 16, 1995 BY RESOLUTION 95-830
AND THE REPORT OF SUFFICIENCY ISSUES WITH RESPONSES BY THE
CITY OF MIAMI, INCLUDING REVISION IN RESPONSE TO FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (DCA) LETTER OF
SEPTEMBER 13, 1996" ADOPTED OCTOBER 24, 1996 BY RESOLUTION 96-
796; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
71 June 23, 1998
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: Yes. PZ-8 is first reading. Anybody wishing to speak on PZ-8, first reading?
Let the record reflect no one came forth. Mr. City Attorney, read the ordinance.
Vice Chairman Plummer: Mr. Clerk, call the roll.
Mr. Foeman: I need a move and a second.
Vice Chairman Plummer: Moved by Sanchez. Second by Regalado.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000 BY AMENDING THE "INTERPRETATION OF THE FUTURE
LAND USE MAP" SECTION OF THE GOALS, OBJECTIVES AND
POLICIES, IN ORDER TO ADD TWO NEW LAND USE
CLASSIFICATIONS ENTITLED: "RESTRICTED PARKS AND
RECREATION" AND "MARINE FACILITIES"; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
72 June 23, 1998
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
46. DENY PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 10544 FROM
DUPLEX' RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL — LOCATION',
5100 & 5110 NORTHWEST 1 STREET & 40 NORTHWEST 51 AVENUE —APPLICANT: CARLOS M',
HERNANDEZ.
Vice Chairman Plummer:
Let's go back to Item 2. Mr ... wait a minute. Two is one and two.
Ms. Lourdes Slazyk: One and two, that's correct.
Vice Chairman Plummer:
OK. And who is the applicant?
Mr. Anibal Duarte-Viera:
Good afternoon, Mr. Commissioner.
Vice Chairman Plummer:
You're the applicant, sir?
Mr. Duarte-Viera: I'm the attorney ... the agent for the applicant.
Vice Chairman Plummer:
Are you registered as a lobbyist?
Mr. Duarte-Viera: Yes, I am.
Vice Chairman Plummer:
OK. Let me ask one very spe... all of you people came in together, what item
number are you on?
Commissioner Regalado:
That one.
Mr. Duarte-Viera: That item.
Vice Chairman Plummer:
That item? Oh, OK. All right, sir. Go ahead, sir, proceed. Give us your name
and mailing address.
Mr. Duarte-Viera: My name is Anibal Duarte•Viera. Address is 3211 Ponce de Leon Boulevard, Suite 202.
Representing the applicant, Mr. Carlos Hernandez. In essence, for ... for the benefit of Commissioner
Sanchez, what I'm going to do is, I'm going to give you a brief overview of the project.
73 June 23, 1998
Mr. Foeman: Would you raise your right hand, please.
Vice Chairman Plummer: We heard this basically at the last meeting.
Commissioner Regalado: No. What happened was that...
Vice Chairman Plummer: There's some people here wanted to...
Commissioner Regalado: No, no. They were told to go and meet and come back for the final vote today and
that's what it is.
Mr. Duarte-Viera: At your leisure, I'll explain the project briefly and, if not...
Vice Chairman Plummer: No, go ahead. You got ... you got five minutes, sir.
Mr. Duarte-Viera: I'll do it very quick.
Vice Chairman Plummer: If you need five minutes.
Mr. Duarte-Viera: No, two.
Vice Chairman Plummer: There's a held ... hand-held microphone for the record, sir.
Mr. Duarte-Viera: Basically, the project is comprised of five lots, as you can see on ... on the plat. The
property is abutted directly on the south by RU3 property. On the west by RU-2. And, basically, the main
arterial road closest to the property would be Flagler Street, which is about a hundred... hundred and seventy
feet, hundred and eighty feet directly south from the property. The project originally was going to be
comprised of approximately 55 condominium units. Fifty-five condominium units. And, at the last meeting,
we had agreed to minimize because of concerns from the neighbors. The neighbors, in reality, never ... never
asked us to reduce the units but we believe that since there was some concerns, we were going to go ahead
and reduce them. I had stated to Commissioner Plummer the last time we were going to reduce them to 20
condominium units from an allowable 55. I'd also like to mention that this project is approved by ... by your
Planning Department... Planning and Development Department.
Vice Chairman Plummer: All right, sir. You'll have time for rebuttal, if you need it.
Mr. Duarte-Viera: OK
Vice Chairman Plummer: Mr. Villalobos, you're representing the other side?
Mr. Jose Villalobos: The opponents. And the opponents need to be sworn, Mr. Clerk.
Vice Chairman Plummer: All right. Any of the opponents who wish to testify ... and I should have done it
over here and I ... I apologize. Any of you who wish to testify, please stand up and raise your hand. No, no,
no, that's going to testify. No. Por favor. Anyone that feels entailed to talk, raise your right hand, including
the attorneys, and be sworn in.
Mr. Villalobos: Mr. Plummer, if I may be heard.
Vice Chairman Plummer: Sure.
Mr. Villalobos: I don't know at this point which one of these neighbors I'm going to call, so I would like for
them to all be sworn.
74 June 23, 1998
Vice Chairman Plummer: All of you stand up. All of you raise -- Mr. City Clerk, where is Josephine?
Josephina, do English and Spanish. Por favor. Swear them in. Now in English. Gracias.
Mr. Villalobos: I'm not a paid lobbyist because I don't get paid for this case.
Vice Chairman Plummer: It's for the record.
Mr. Villalobos: My name is Jose Villalobos. I'm an attorney in private practice. My office are 2350 Coral
Way, Suite 202, Miami, Florida. I lived in this particular property and I represent people that have been
neighbors of this neighborhood for Pedro Fredo, 26 years, or Ofelia Cox, which is my mother-in-law, 38
years. Bacedra Lastro for 14 years.
Vice Chairman Plummer: Excuse me. Set the clock please for five minutes. Proceed. I'm sorry.
Mr. Villalobos: My clients have been living for 45 years ... if you wish to limit us to five minutes. I will do
so in five minutes. First of all, this planning board stated that this particular 51st Avenue was a dead end
street. There's nothing further from the truth. Fifty first Avenue is not a dead end street. The application
stated that this property was vacant and abandoned. There's nothing further from the truth. This property is
neither... well, it might be vacant because of the... will of the applicant but it's certainly not abandoned and if
it is abandoned, it is because of the will and the decision of the owner in this particular case. I'd like to give
you photographs to this effect. The criteria in this application is supplying the statement for justification and
request to change the plan zoning stated number one, that the property has several structures that had
become dilapidated and require major renovations. Number two, that it's more practical and effective to the
demolish such structure and replace it with modern apartment building with ... which is current with the
existing to the south. Number 3, the relation of the property to surrounding make it more compatible to the
change of land use. This application from the Planning Department stated, Number one, that it's found
through the south, that adjacent to this, are medium, low density homes. That Northwest 1 st Street, west of
51 st Place, is actually a dead end street because of existing school. I suggest to the board that whoever
wrote this particular report, either was not at the property or simply overlooked the fact, there's not only
access by 51st... by 53rd Avenue but also by Northwest 51st Place. In addition, it is found that the
application, by the Planning Department, is not in conflict with the Miami Comprehensive Plan and it will
enhance the general appearance of this particular property and it will not be detrimental to the adjacent area.
I submit to this board that in the Allapattah Community versus City of Miami, cited at 379 Southern
Second, this neighborhood is overwhelmingly residential in character. I don't know of any homeowner in
here who would be in agreement with the decision of the Planning Board. This item went out to the Zoning
Board and the ... and zoning ... and the Planning Department... and the Planning Board and both
overwhelmingly decided against this item. I'm talking, of course, fast because of the limitations in time. But
in the Planning Department... Planning Board it went out five to zero. In the Zoning Department, it went
seven to zero. The fact that its ... this particular property ... and another thing the Planning Department failed
to notice is that there's an existing church at Northwest of the south-- at the northwest corner of 51 st Avenue
and 1 st Street and 53rd Avenue. The Planning Department also stated that this property was vacant and
abandoned. It is not vacant because of...of problems with the neighborhood. It's simply abandoned... vacant
because of the will of Mr. Hernandez, which is the owner. Mr. Hernandez certainly can use this property for
something else and have a good to return. According to the records of the public records, Mr. Hernandez
paid three hundred and twenty-five thousand dollars for those lots. He has two particular duplexes in the
corner of 51 st Avenue and 1 st Street, Northwest. This could bring out a handsome return and pay off the
property. I think that the Department's conclusion are subjective conclusions and without any merit. In
addition, Mr. Hernandez is going to be able to use this particular property to build at least four other
duplexes, instead of the 20 units that Mr. Hernandez wants to place at this point out there. He could have a
child care center. Mr. Hernandez cannot claim hardship. If this was a hardship, Mr. Hernandez walked into
the hardship because he came out and purchased when he knew full well that this particular property was
75 June 23, 1998
zoned duplex and not residential and multi -family. It is axiomatic that no zoning regulation be sustained
until it bears substantial relationship with the public health, safety and morals and welfare of the cities and
the surrounding areas. And this is cited ... I will cite for you City of Miami Beach versusLeachman at 71
Southern Second 148. City of Pittsburgh versus Adkins at 217 Southern Second 315. This zoning change
has a great impact on the abutted residential areas than it does have to Mr. Hernandez. I would like to state
that Mr. Hernandez came to this property knowing full well that this property was zoned R2 duplex. Mr.
Hernandez did not come here to enhance the residential area. Mr. Hernandez came in here to make a buck,
which is nothing wrong with that; however, the problem that we have is this. Mr. Hernandez is up to sell 20
units at no less than one million six hundred thousand dollars. I think that he came in here, not to enhance
the neighborhood, not to do anything else for the neighborhood. I think that they're many witnesses and
many neighbors in here that will come and testify before you that the reason that they moved into that
neighborhood was because of the pleasant neighborly atmosphere and are not willing to, at all, stand by and
allow this particular project to go through. I'd like to call Eddie.
Vice Chairman Plummer: Mr. Villalobos, I'll give you two speakers, two minutes each.
Mr. Villalobos: Thank you.
Vice Chairman Plummer: The five minutes was only so that I could take equal time.
Mr. Eddie Rodriguez: My name is Eddie Rodriguez, 187 Northwest 51 Avenue. I lived in this
neighborhood for over 23 years. First I lived in my parents' house, who live next —next to me. Then I
bought the property next door and I've lived there since I got married. I ... I'm ... I'm really opposed to this,
mostly because of the traffic problems that we're going to have, even though they're saying, oh, it's only 20
units. And also because of the problems we're going to have with the parking. The plans that were shown to
us by the ... by them only house 20 parkings for 20 units and one handicap. I mean, for ... all the apartments
are two bedroom apartments. Where the people that are going to come and visit, where are they going to
park? We already have problems with parking on Sundays because the church down the block does not
have any parking. People park everywhere. So ... and also ... and please, they also ... when I personally called
Zoning yesterday and they told me that they're supposed to have 1.5 parking spaces, not one per unit. The
attorney told me yesterday when we had met with him that this set of plans already been revised by Zoning.
And please, let's not forget that both the Advisory Planning and the Zoning Board both denied this
application. Thank you.
Vice Chairman Plummer: Next speaker, please. Your name and mailing address.
Mr. Francisco Heng: Francisco Heng, 101 Northwest 51 st Avenue, right in front of the property that we are
discussing. I read some time ago about a guy who was ready to retire. I was looking for a place that would
be nice and quiet. A paradise for him. And too ... too much searching, he choose ... and island in the middle of
the Pacific, in a small island. You know what the name of that island was?
Vice Chairman Plummer: Flagler Cemetery.
Mr. Heng: Midway. And then that's happened to me now. I was choosing Miami in order to come down
here four years ago. And I took this as my paradise, my hamlet, because it's not a total fair. It's close to
everything but it's not total fair. It was quiet and nice. This happen in all the city. I mean, it's not particular
over there. I didn't find any prostitutes around there hanging around. I took a look. I see what happened.
But I didn't see anyone. And that's my position. I just buy this property four years ago and I am the middle
of this property right now.
Vice Chairman Plummer: Midway.
76 June 23, 1998
Mr. Heng: Midway. Midway from me. OK. Thank you.
Vice Chairman Plummer: Lourdes, front and center, please. We've heard that they supposedly don't have
adequate parking. Would you address that first. And, second, why you recommended approval?
Ms. Slayzk: Regarding the parking, their plans have not come in for an official review so ... I just spoke with
Juan Gonzalez. A 20-unit apartment building in R3 would require 22 spaces of which one would have to be
handicap. But that hasn't come in. This is a change of zoning. Their plans don't come in until they get their
change. The recommendation for...
Vice Chairman Plummer: Excuse me. For the edification of those that are here, what she's saying is that
there's not been a set of plans of what they're going to build so, as such, there's no criteria for any kind of
parking until ex -number of units are on a plan. Then the one and a half will prevail, correct?
Ms. Slazyk: That ... well, it's one space for every two ... for two bedroom units and then they have to have one
visitor space for every 10 and then the handicap.
Vice Chairman Plummer: OK. But they'll have to comply at such time?
Ms. Slazyk: Right, right.
Commissioner Regalado: OK. Lourdes, do we finally know how many apartments they're talking about
because I heard...
Vice Chairman Plummer: They ... they've not surrendered any plans yet.
Ms. Slazyk: Yeah. They haven't...
Commissioner Regalado: Precisely. I heard ... I ... I never ... I was never briefed on that project by the applicant
but, anyway, he said once ... the other time 55 last time. Then he promised to go down. When he briefed
Commissioner Joe Sanchez, he said 55 again. I ... do we know really how many?
Ms. Slazyk: No. And ... and we can't put a ... we can't...
Commissioner Regalado: Then I have to tell you...
Ms. Slazyk: We can't know what it is. I know that...
Commissioner Regalado: ... that I ... I... I ... then I will tell you right away that I will vote with...
Vice Chairman Plummer: Mr. City Attorney.
Commissioner Regalado: With the neighbors.
Vice Chairman Plummer: Hold it, hold it. Mr. City Attorney.
Mr. Joel Maxwell (Assistant City Attorney): Yes. Mr. Vice Chairman, members of the Commission.
Really, the issue right now as to what may be built on that property is irrelevant to the ... to the questions in
front of you now. You have two questions in front of you. PZ-1 deals with an amendment to the
Comprehensive Plan. As you know, from ... from past discussions on items before you, our
recommendations to you have been that ... in that one, on comp plan ... comp plan amendments, you can't even
take into consideration what is being built on the properties. Strictly a legislative decision and you have to
77 June 23, 1998
look at the total realm of uses that may be permitted under the comp plan designation being sought. They
can't give you any limitation or restrictions on their use of the property. Now, for two, which is the related
item, they're asking for a zoning change. Strictly a zoning change here. They're not ... they're not asking for
any special permits. They're not asking for any development approvals, so you have to look at, in making
your decision, which may work to their detriment actually, the total realm of uses that that property could be
put to under the R3 multifamily medium density residential zoning classification, not whether or not he's
going to build a duplex, whether he's going to build something larger. That's totally irrelevant at this time.
You have to look to all the uses that property could be put to. You're not looking at covenants or anything of
that nature right now.
Vice Chairman Plummer: Are you saying then that he cannot give a voluntary covenant?
Ms. Slazyk: Yes, he can. Yeah.
Vice Chairman Plummer: Oh. Because, let me tell you something...
Ms. Slazyk: And that's what he said at the last meeting.
Vice Chairman Plummer: I don't know which way I'm going to vote but if he can put the maximum 55
units, no way in ... am I going to vote for that. Now, if he were to come down to a very reasonable number, I
might vote for it. But he can apply ... and I'm saying that for your benefit ... he can apply a voluntary covenant
to the Commission if he wishes?
Ms. Slazyk: That's correct.
Vice Chairman Plummer: OK. But just for the record...
Mr. Maxwell: There's been no discussion. The reason I bring it up, though, there's been ... I heard no
conversations about covenants or anything. All I heard was, well, he said he would do this and he said he'd
do that.
Vice Chairman Plummer: I didn't hear it either. But you're giving an absolute that he couldn't do anything
in conditional zoning. Go ahead.
Ms. Slazyk: My understanding was that at the last meeting, it was voluntarily proffered that it would be a
total of 20 units for the entire property, of which the two units ... the two duplexes currently on 1 st Street
would remain and that the apartment building would actually be a 16 unit apartment building. And that
would be a total of 20 units for the entire property. And that can be done by a voluntarily proffered
covenant.
Vice Chairman Plummer: Now the question is, why did your department recommend it?
Ms. Slazyk: OK. The recommendation for approval was because of Flagler Street. Flagler Street is already
a medium density residential corridor. This is a logical extension of that corridor. Particular, due to the fact
that the school was there. The traffic patterns that come in and out here are going to be going
through... through Flagler and the Department felt that the increase from this particular piece of property was
not going to have a tremendous vehicular increase in the neighborhood because Flagler Street is where the
traffic is going to come in and out. The reason for that is because that from 1 st Street to 2nd Terrace,
it's ... they're not dead end streets but they act as dead end streets because you can't access 57th from there, so
the traffic that's going to want to cross there is going to be using Flagler and that's already a major vehicular
thoroughfare through the area. So this was a logical extension of the R3 designation and it brings new
housing opportunities to an area and we thought that was a positive thing.
78 June 23, 1998
Vice Chairman Plummer: Thank you, ma'am. Rebuttal.
Mr. Duarte-Viera: In clarification, we had covenant to ... for 20 units, excluding the duplexes. The duplexes
would ... would create a buffer for ... for most of the neighbors. And at the last meeting, what Commissioner
Plummer and I think Mr... Commissioner Gort had stated was, he wanted us to get together with the
neighbors. We did get together with the neighbors and the results were ... were totally negative. Number one,
I asked them what amount of units they'd ... they'd favor? They said none. I asked them what amount of
parking they would favor? They said none. I asked them would concrete barriers or landscaping be any
help? They said no. Would number of stories be any help? No. Architectural considerations? No.
Minimum pricing for units, they are condominiums? Doesn't matter.
Vice Chairman Plummer: They're consistent.
Mr. Duarte-Viera: How about one entrance or exit? Negative. Unfortunately, the bottom line was, they
want nothing built on the property, except for the existing duplexes.
Mr. Villalobos: May I be heard? That's not true. I'd like to put it on the record that it's not true.
Mr. Duarte-Viera: Except for existing duplexes.
Vice Chairman Plummer: If somebody of the Commission asked, after I close the public hearing, Anibal
you'll be heard. Are you... when you're finished, sir, let me know.
Mr. Duarte-Viera: In addition, also, they had mentioned that the property was ... was vacant and abandoned
in the department of...in—in the recommendation. At the time that they did the recommendation, it was
vacant and abandoned. Again, we're willing to covenant to limit the units to 20. We're willing to covenant
concrete barriers, walls, to shield the neighbors. We're willing to covenant one entrance and exit, which will
directly favor usage of Flagler and we're willing to covenant basically anything to make the neighbors
feel ... feel comfortable with the project. I think my client has tried to ... to make them feel comfortable.
Unfortunately...
Vice Chairman Plummer: That conclude, sir?
Mr. Duarte-Viera: Yes.
Vice Chairman Plummer: Thank you very much. I'll close the public hearing. From the Commission?
Commissioner Regalado: I've ... I've talked to neighbors in the area and very few neighbors support the
project. It is District 4, the district that I represent, so I move to deny.
Vice Chairman Plummer: Don't make a motion yet. Hold your motion. Let's see if any of the other
Commissioners have any other comments. Mr. Teele, any comments?
Commissioner Teele: No comments.
Vice Chairman Plummer: Mr. Sanchez?
Commissioner Sanchez: One thing I want to mention is, you know, we have to start following the advice of
the Planning Advisory Board, which they denied it five, zero. It's something that we need to look at. And
by looking at some of the pictures, you have the duplex and then you have the lot there that's basically an
eye sore in a way. So, basically, we're going to look ... taking into consideration a lot of the things that are
dealing with the land there. I can see that you've acted in good faith, making all those recommendations
79 June 23, 1998
to ... to the place. I have one question. The traffic, it's going to exit on Flagler? Is that where it's going to
exit?
Mr. Duarte-Viera: No, the traffic would ... would exit onto 51st Avenue, which is about 170 feet from
Flagler. The entrance and exit.
Commissioner Sanchez: And originally, you wanted how many units there.
Mr. Duarte-Viera: Fifty-five.
Commissioner Sanchez: And you're down to 20 now?
Mr. Duarte-Viera: With ... and also creating a buffer. In other words, we'd ... part of the property would
remain duplex on both sides, which will be ... I think would be I st Ave.
Commissioner Sanchez: OK
Vice Chairman Plummer: All right. The public hearing is closed. Mr. Villalobos, if the Commissioner calls
on you for your answer to one question, the Vice Chairman will call on you. Answer the question that you
want.
Mr. Villalobos: It was thirty-seven thousand square feet in that particular property, including the two
duplexes, am I correct?
Mr. Duarte-Viera: Including, that's correct.
Vice Chairman Plummer: Through the Chair, please.
Mr. Villalobos: There's thirty-seven ... there were 37,000 square feet in that property, including the duplexes
at Northwest 1st Street, right, facing Northwest 1st Street. Now, they're willing to keep the duplex
Northwest ... the two duplexes Northwest 1 st Street, so therefore, they don't have 37,000 square feet anymore.
They could not possibly build 55 units or even 20 units. The problems that we have is this.
Vice Chairman Plummer: We're aware.
Mr. Villalobos: If place was abandoned and dilapidated, its up to compliance. We feel that you have
enough uses. You could build duplexes. You could build care facilities. You could build other things in
there and that particular neighborhood does not take any more development. You just cannot...
Vice Chairman Plummer: Thank you, sir. You asked ... you wanted to answer a question. OK. Any other
discussion by Commissioners? If none, Mr. Regalado, this is in your district, sir.
Commissioner Regalado: Yes. The Planning...
Vice Chairman Plummer: This is Item PZ-I and then we'll address 2.
Commissioner Regalado: The Planning Advisory Board recommended denial to the City Commission. On
PZ-2 the Zoning Board recommended denial to the City Commission. What I heard is not a detailed project
of the area and this is why my move is to deny.
Vice Chairman Plummer: There is a motion to deny PZ-1. Is there a second? Is there a second?
80 June 23, 1998
Commissioner Sanchez: Second.
Vice Chairman Plummer: It is seconded by Mr. Sanchez. Is there any further discussion? Mr. City
Attorney, read the ordinance.
Mr. Maxwell: No. This is a motion to deny. No reading is necessary.
Vice Chairman Plummer: Excuse me. P2rl...oh, I'm sorry, you're right. To deny doesn't need the reading
of the ordinance. OK. Mr. Clerk, call the roll.
Commissioner Teele: Based upon the record, I vote yes.
Vice Chairman Plummer: My vote doesn't make any difference but I will vote yes.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-646
A MOTION TO DENY PROPOSED ORDINANCE TO CHANGE THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 5100 AND 5110 N.W. 1 STREET, AND 40 N.W.
51 AVENUE, FROM DUPLEX RESIDENTIAL TO MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
81 June 23, 1998
47. DENY FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 FROM '..R 2 TWO-
FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO CHANGE
ZONING ATLAS — LOCATION. 5100 & '5110 NORTHWEST 1 STREET & 40 NORTHWEST 51'
AVENUE "— APPLICANT: CARLOS M. HERNANDEZ.
Vice Chairman Plummer: PZ-2, same motion. It's the same seconder. Same seconder on this PZ-2. Call
the roll.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-647
A MOTION TO DENY PROPOSED ORDINANCE TO CHANGE THE
ZONING DESIGNATION FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 5100 AND 5110 N.W. 1 STREET AND 40 N.W.
51 AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
48. DENY APPEAL OF ZONING BOARD DECISION DENYING VARIANCES TO PERMIT
SETBACKS FOR EXISTING ADDITION TO SINGLE FAMILY RESIDENCE — LOCATION: 1520
SOUTHWEST I I STREET - APPLICANT: JESUS AND OF'ELIAGRANDA.
Commissioner Teele: PZ 3 is 1520 Southwest 1 lth Street.
Ms. Lourdes Slazyk: Right. This is an appeal for a variance that was denied by the Zoning Board. The
Department also recommends denial. It's over construction on a single family lot. It's an oversized lot and
there is no hardship to justify the variance.
Vice Chairman Plummer: Is the applicant here?
Mr. Duarte-Viera: I'm back.
Vice Chairman Plummer: Again?
Mr. Duarte-Viera: Unfortunately.
Vice Chairman Plummer: Boy, you don't take any easy ones, do you?
82 June 23, 1998
Mr. Duarte-Viera: No, sir.
Vice Chairman Plummer: All right. You're the only one in rebuttal? You're consistent. God bless you.
OK. All of those to testify, please raise their right hand and be sworn in. Who else is going to be testifying?
OK. Swear them in. Applicant, you've got five minutes.
Mr. Anibal Duarte-Viera: Thank you, very much. Commissioners, for the record, my name is Anibal
Duarte-Viera...
Vice Chairman Plummer: If you need that much.
Mr. Duarte-Viera: For the Applicant, 3211 Ponce de Leon, Suite 202, Coral Gables, Florida. In essence,
my client is requesting a variance for an accessory structure or for a storage. The variance for the rear
setback will be four feet or 20 are required. The variance for the rear yard would be 1.8 feet or 10 required
And the variance for the side yard would be 3.2 or five required. In essence, my client purchased this
property on October 24, 1980. It's estimated that the structure, which is in dispute, was built some time in
the 1950's. We can't put an exact date on it, which would be over ... almost over —over 40 years ago. Most of
them are the neighbors who purchased any of the properties in the last 40 years, while the structure was
existing knew that the structure was there, so it...it can't be a hindrance or an eyesore. And ... and,
unfortunately, for my client to have to now tear down the structure would be ... would be a hardship, although
the ... the Department doesn't believe it's going to be hardship, it would be. My clients purchased the property
with the structure on it and —and to have to come down to tear it down, wouldn't be kind. It wouldn't be just.
From a legal standpoint, I think we're ... we're up the creek. But from an equitable standpoint, I think that my
client should be allowed to ... to ... to maintain the structure on the property as storage and be granted the
variance.
Vice Chairman Plummer: Is this in front of Code Enforcement?
Mr. Duarte-Viera: Yes, it is.
Vice Chairman Plummer: That's what brought it here?
Mr. Duarte-Viera: I believe not. Oh, yes, it is. I'm sorry. You're correct.
Vice Chairman Plummer: To make it legal?
Mr. Duarte-Viera: You're absolutely correct.
Vice Chairman Plummer: I figured that. OK. Do you have anything else to add?
Mr. Duarte-Viera: No, sir, I do not.
Vice Chairman Plummer: You have rebuttal? For the record, your name and mailing address.
Ms. Jacqueline Cotarelo: My name is Jacqueline Cotarelo. I'm going to give you a P.O. Box. P.O. Box
4504-63.
Vice Chairman Plummer: You live there, right?
Mr. Joel E. Maxwell: We need her address.
Ms.Cotarelo: Excuse me?
83 June 23, 1998
Vice Chairman Plummer: You live at aP.O Box? I really...
Ms. Cotarelo: I would like to go ahead...
Mr. Vilarello: We need her street address.
Vice Chairman Plummer: I really have to be honest. I don't think you have to do a lot of talking.
Ms. Cotarelo: I don't. I'm going to go ahead and show you pictures. I have a letter from the Neighborhood
Association President. This is the home.
Vice Chairman Plummer: You've got to talk in front of the mike
or get the hand mike.
Mr. Maxwell: Commissioner, she can't give a P.O. Box for her address.
Ms. Cotarelo: I'm going to go ahead and give you my...
Vice Chairman Plummer: Wait, wait.
Ms. Cotarelo: ...address but I need to go ahead and, for the record, state that at one point I was threatened
and I feel kind of uncomfortable..
Vice Chairman Plummer: No, no, no. Give them an off ...you got an office?
Ms. Cotarelo: I can give you a fire station. My husband's a firefighter.
Vice Chairman Plummer: No, no, no, no.
Commissioner Regalado: Give the City Hall address.
Vice Chairman Plummer: Give a City Hall address.
Ms. Cotarelo: OK. Thirty-five hundred Pan American Drive.
Vice Chairman Plummer: You don't...
Commissioner Regalado: She's a member of the Code Enforcement Board so might as well.
Ms. Cotarelo: I'm not here as a member of the Code Enforcement.
Commissioner Regalado: I know but ... I mean, you...
Ms. Cotarelo: I'm here as a citizen, a resident. I'm going to show you ... this is the subject property and then,
in the rear, these are properties on that same street. Just so you could take a look at the two-story building.
Vice Chairman Plummer: Is there anything else you wish to add?
Ms. Cotarelo: I'm not going to talk too much. I just --
Vice Chairman Plummer: All right. You have rebuttal, sir?
84 June 23, 1998
Mr. Duarte-Viera: Not at the time. In essence, basically, what I would like to reiterate is the fact that the
structure was existing at the time my clients purchased the property and it would be a real undue hardship
for them to have to tear it down at this point and time. Thank you.
Vice Chairman Plummer: I close the public hearing and ask if there's any discussion among the Board
members?
Commissioner Sanchez: I got a question.
Vice Chairman Plummer: All right. Mr. Sanchez.
Commissioner Sanchez: Your client, when he purchased the land or the property, did he buy it as -is?
Mr. Duarte-Viera: Regardless of the fact ... from a legal standpoint, I think, at this juncture, he wouldn't have
any recourse against the original sellers.
Vice Chairman Plummer: Any further discussion among the Commissioners? Hearing none, Mr. Sanchez,
this is in your district.
Commissioner Sanchez: Motion denied.
Vice Chairman Plummer: Motion is to deny on PZ-3. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: Is there further discussion? Hearing none, call the roll.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-648
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND DENYING A VARIANCE TO PERMIT THE
FOLLOWING SETBACKS: A REAR YARD SETBACK OF 4'-0'
(20'-0" REQUIRED), A SIDE YARD SETBACK OF 3.2' (5'-0"
REQUIRED FR THE MAIN STRUCTURE) AND A REAR YARD
SETBACK OF 1.8' (10'-0" REQUIRED FOR AN ACCESSORY
STRUCTURE) FOR AN EXISTING ADDITION TO A SINGLE
FAMILY RESIDENCE, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1520 SOUTHWEST 11 STREET, MIAMI,
FLORIDA,
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
85 June 23, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
49. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-4 (APPEALFOR RELIEF FROM IMPACT
FEES FOR PROPERTY AT 3000 SOUTHWEST 3' AVENUE - MONTSERRAT APARTMENTS) TO
MEETING OF JULY 21,1998.
Mr. Duarte-Viera: Thank you.
Vice Chairman Plummer: PZ-4. Three thousand Southwest 3rd Avenue. Mr. Lazaro Milton.
Mr. Maxwell: This is an appeal of an impact fee.
Vice Chairman Plummer: This is an appeal on an impact fee. Mr. Milton, are you representing yourself,
sir?
Mr. Lazaro Milton: Yes, sir.
Vice Chairman Plummer: All right. Silencio. Can you do that on this machine? Mr. Milton, sir, you have
to raise your right hand and be sworn in.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE
NO. 10511 TO MR. MILTON.
Vice Chairman Plummer: All right. To the Planning Department or whoever wants from the professional
staff ...well, the Impact Fee Board. Who is that? I never hear of them.
Mr. Maxwell: Joe Longueira is the Chairman.
Vice Chairman Plummer: You're the Chairman?
Mr. Longueira: Yes, sir.
Vice Chairman Plummer: How did you become Chairman of the Impact Board. Huh?
Mr. Maxwell: He was elected by the other board members
Vice Chairman Plummer: We elected you?
Mr. Maxwell: No, no. The other board members elected him to be their chairman
Vice Chairman Plummer: God. All right.
86 June 23, 1998
Mr. Longueira: This is about my fifth time.
Vice Chairman Plummer: All right. Well, can I tell you something? I want to take a minute it of your time.
When you look at some of these impact fees, they're getting ridiculous. I want to be honest with you. Andy
Parrish came to me and, as you know, he is building low income housing. His impact fees in West Grove
went from nine hundred dollars to twenty-nine hundred dollar.
Mr. Longueira: Commissioner, our ... our impact fees for the City have not changed since the ordinance was
first enacted.
Vice Chairman Plummer: Then is it construction?
Mr. Longeira: Yes.
Vice Chairman Plummer: Construction removal? Is ... am I confused?
Ms. Cuervo: It was a construction debris removal fee.
Vice Chairman Plummer: I'm sorry. I stand corrected. OK. Mr. Milton, sir, proceed
Mr. Milton: Let me identify myself. My name is Lazaro Milton. My office are at 3711 Southwest 27th
Street. I am the president of Monserrat Investor, which is the owner of the property Southwest 3000
Southwest 3rd Avenue. What we're doing here. We are requesting a relief from the impact fees for just a
few reason. The main reason that we're doing that is ... we found, after the fact, that there were 24 units in the
site where we are building now a 120 and as a practice ... and I think it's also in the code... you... you get a
credit for the number of unit that were existing in the property against the number of units that you ... of the
new unit that you're putting in. So we ... we didn't realize, after we pay all the impact fees, that they were
some previous units on the site. Seventy thirt}Lfour and we have the record from the City here that shows
the total number of units that we talking about. So if everybody has to get that credit and the City has been
given the credit to anyone that have a unit on the side against the total number of units that you putting in, so
we are requesting... these number of units ... about 20 percent of the number of unit that we put in now, we put
in 120 units and there were before like 24 exactly. So we believe that we ... we have to have a relief from the
impact fees. I don't know on what basis we were denied that relief from the impact fees. I like to see from
any of the officers what was the reason for that. In addition to that, we are spending fifty-eight thousand
four hundred and forty-five dollars improving... improving the ... the water distribution system. We were
requested to bring a 12 inch water line on 30 Road and 31 st Road. This water line is going to be
supplying... is going to be a big supplying water to the residential neighborhood that is behind our property.
So these are expenses that we have and also on our property. I think we deserve relief in our impact fee, sir.
Vice Chairman Plummer: OK. Since this is the first time I've ever dealt with this, you've got to lead me
through it. Is it ... I assume ... by virtue, is it before us here that we have some authority to do something.
Mr. Maxwell: Yes, sir. May I ... may I assist you?
Vice Chairman Plummer: Please.
Mr. Maxwell: Under Chapter 13 of the City Code, the City Commission can sit ... sit in an appellate capacity
to review decisions of the Impact Fee Board or review, which, itself is an appellate board. You have had
maybe two in a 10 year history before you. This is one of those. As you know ... and for Commissioner
Sanchez and Commissioner Teele, who probably is quite aware of it ... for their benefit, the impact fee is
imposed on new development and it's a fee charge pursuant to coefficients and so forth for improvements
87 June 23, 1998
that are ... capital improvements that are made necessary, anticipated by virtue of that new development. The
expansion of facilities, parks, streets, sewers, so forth. There are many exemptions in our ordinance that the
City makes... provides for. As you may recall, single family residential units are not charged. Multi -family
housing, affordable housing is not charged. Affordable housing in certain community redevelopment
districts. Target areas is not charged. Joint ventures in, quote unquote, on ... with ... with the City of Miami are
not charged. In this particular instance, what happened is that the applicant sought to get credit for
development that had been on his project ... on his property some years before. He didn't... couldn't tell the
Board how long it had been, so ... and he didn't present any evidence to support that. We have
administratively used judicial decisions to advise the Board in the past that when an applicant comes before
them and can, in fact, support without question, the fact that there was development of a certain type on that
property and it had not been too long in the past ... that's the thing. How long had it been ... that they do allow
that. He ... that information was not presented at that time. Now, it ... the other question ... the other thing is that
usually the credit is provided for, as I said, development that is recently torn down, removed from the site,
because then you can determine ... in this particular situation, my recommendation would be for denial.
Vice Chairman Plummer: All right. Assuming this what she has given to me ... and I'm not an architect... is,
in fact, proof of what he contends, that this was the prior construction, then what would be the impact fee be
on the new construction that he is venturing to make?
Mr. Maxwell: That would require...would require an analysis of exactly what's contained here. There are a
lot of variables that would ... that would come into play.
Vice Chairman Plummer: Captain, you wish to speak?
Mr. Longueira: Yes, sir. The ... if I can just provide a little bit of information. Mr. Milton, at this time...you
know, and at the time came he before, didn't provide any evidence. But at this time, he's providing evidence.
And what he's saying, that approximately seven years ago there was something on the property and it was
demolished. He wasn't even the owner seven years ago. I mean, in essence, you know, any piece of
property in history, in his argument, that was on that ... any structure that was on that piece of property any
time in its past, he would want to be applied to this, you know, policy that we have. You know, we ... we try
and look at the ... the property as it's used today and if he has a use and it's demolished and that use is taken
away, then they get the credit, but he had no use. I mean, that property was demolished seven years ago and,
as a Board, even provided this evidence today, we would rule against the appeal.
Vice Chairman Plummer: All right. You know, it's ... if this thing is not reasonable, we're going to
discourage people from building. All right. Is it true that the impact fee on Deal Volvo you all have
imposed is ninety-nine thousand dollars for a seven hundred thousand dollar project? You know what,
they're not going to do it.
Mr. Longueira: It depends on the floor area ratio, what they are above a certain amount.
Vice Chairman Plummer: Joe, I'm just merely stating ... I'm not fighting their cause. They're going to make
their decision. But you can get to the point of being unreasonable and we're going to lose building, we're
going to lose developers. We're going to lose period. So I don't know what is fair. OK.
Mr. Longueira: Let me explain this. When ... when people look at the impact fee, they look at our impact
fee. But you have a county impact fee...
Vice Chairman Plummer: I hear you.
Mr. Longueira: Do you...do you want to give up our impact feet and let the County keep their impact fee?
88 June 23, 1998
Vice Chairman Plummer: No.
Mr. Longueira: They're the ones ... they don't even provide the service.
Vice Chairman Plummer: OK. I'11...Mr. Milton, do you have anything else that you wish to add, sir?
Mr. Milton: Sir, everybody else would have present the plans in the City of Miami for payment and have to
pay the impact fee. Everybody gets a credit for the existing unit. Supposedly, the ... the impact fees are to be
charged on the additional units that you have on the property. And we have now 120 units and we had
before 24. The City will have to provide service for the difference between both units. And everybody
else is getting that credit. I'm not asking for nothing different. I want exactly what everybody else get.
Vice Chairman Plummer: All right. Do I understand correctly that what you're really asking for is credit on
24 units? Is that what he's asking for?
Mr. Milton: That is correct.
Ms. Cuervo: That's what he's asking for.
Vice Chairman Plummer: Now, Christina, do we send it back for reevaluation?
Ms. Cuervo: Yes, sir.
Vice Chairman Plummer: We're sitting as a board.
Mr. Maxwell: I think that you're saying is, Commissioner, that you want to know just what would the value
be of those 24 units if you...
Vice Chairman Plummer: OK. Can you tell me that?
Mr. Maxwell: I don't think they can tell you that at this moment. And the reason they can't is that ... that the
value depends on the classification ... the classification of the area.
Vice Chairman Plummer: OK.
Mr. Maxwell: Then and now. And the square footage.
Vice Chairman Plummer: All right. Public hearing's closed. What's the Commission want to do?
Mr. Maxwell: You can continue the item.
Vice Chairman Plummer: What?
Mr. Maxwell: You could continue it and bring that back.
Vice Chairman Plummer: Oh, that's what I wanted to do. But Joe's standing there as ... as...
Mr. Longueira: No, I'm saying you can't send it back to us.
Vice Chairman Plummer: I can send it to the department and they can reevaluate it.
Ms. Cuervo: What we would do is come back to you with the amount of that credit and then you, as the
89 June 23, 1998
Commission, could consider the appeal...
Vice Chairman Plummer: That's what I think should be done. OK.
Ms. Cuervo: And then you could consider that ... that dollar figure.
Mr. Maxwell: How... how... Commissioner, if I may. Just ... just so you'll know ... because this
recommendation from the City Attorney's Office will still be there . And that is that theappli -- Mr ... I'm
sorry.
Mr. Milton: Lazaro Milton.
Mr. Maxwell: Milton? Mr. Milton has indicated that the structures were there, what, seven years ago, I
think. That is a long time. Under your impact fee, if we don't encumber monies that are paid within six
years, we have to give it back. Now, what you're anticipating ... what you're contemplating doing is giving
someone a credit for a building that was demolished seven years ago. You're moving way off now in ... into
the past.
Vice Chairman Plummer: Thank you.
Mr. Maxwell: If it's seven years now, what if they come in 20 years and say there was a building...
Vice Chairman Plummer: Thank you, sir.
Mr. Sanchez: You have a valid point.
Vice Chairman Plummer: Commissioners. Well, I've got three left. Hello. What do you wish to do?
Commissioner Teele: Well, the first thing I want to do is comply with the law. I'm very uncomfortable with
this whole dialogue. I'm going to be very honest with you. Impact fees are something that are subject to an
equal protection, OK. And if you start ... if this Commission start playing around with impact fees, we may as
well repeal it. That's... that's the cure, is to repeal all of it. But you can't starts making quote City of Miami
Commission deals around impact fees, without destroying the whole base of it. I mean, my concern now is,
how is the impact fee money being spent. Because I don't sit here and see a whole lot of impact fee money
being spent to deal with the issue of impact fees. And the issue of impact fees is very clear. There's case
after case. The Sarasota case is a leading case on this. You can only use impact fees to deal with relieving
the kind of pressure that the impact fee is designed to address and if it's in parks, you have to use it to relieve
park pressure. If it's in roads, you have to use it to use roads. This is not funny money. This is very real
money. And the entire process can be put in jeopardy if you begin trying to make quasi judicial decisions in
this forum. I don't ... this is the kind of thing that I don't think we ought to be dealing with, except as it relates
to narrow, constitutional and statutory created exemptions. If...if affordable housing is an area, schools,
people who want to do things to offset for schools, these things have been upheld in a very limited way but
to go back and retroactively create a credit is something... I'll be honest with you. I think you could very well
wind up invalidating the whole impact fee structure. So...
Vice Chairman Plummer: Is there a motion?
Commissioner Teele: I don't know why it's here. I need to understand from the attorney, what are our ... if
we can grant a legal remedy, then I want to grant it within the context of what we're talking about. But I
think we don't need to fashion a remedy that is going to destroy the whole program.
Vice Chairman Plummer: Mr. City Attorney.
90 June 23, 1998
Mr. Maxwell: It ... well, Commissioner, it's here because we could not stop them from appealing the decision
of the Impact Fee under the ordinance. Now, whether ... but, as I've indicated, I don't think there's sufficient
evidence, I don't think he's provided anything to this Board different from what he gave the Board before.
Commissioner Teele: Can we remand it back to them to review it again consistent with what he has said to
the Board?
Mr. Maxwell: No, sir. They've... they've made that decision. It's now in your jurisdiction.
Vice Chairman Plummer: We can remand it back to the Administration.
Commissioner Teele: Huh?
Vice Chairman Plummer: We can remand it back to the administration for there review and their
recommendation.
Mr. Maxwell: They've... they've given you their recommendations. The only thing that you ... if you continue
the item, you ... you could ask them to review the information and give a calculation but, in my opinion,
as ... as Commissioner Teele has pointed out, I don't think there's sufficient evidence on the record to support
the relief that is being sought. This Board's response...
Commissioner Teele: I would move to continue the item and let him get legal counsel or work with the legal
staff to see...I mean, obviously, no one wants to collect something that we're not entitled to. On the other
hand, we may not have a choice. I don't see the choice that we have but I don't think this is the way to sort
of make that decision. I think we ought to have the lawyers, the staff, the Committee to sort of meet and
make...
Vice Chairman Plummer: Is there a second to the motion to continue?
Commissioner Sanchez: I'll second it.
Vice Chairman Plummer: Is there any further discussion? All in favor say "aye."?
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-649
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-4 (APPEAL FOR RELIEF FROM IMPACT FEES FOR
PROPERTY LOCATED AT APPROXIMATELY 3000 S.W. 3
AVENUE, ALSO KNOWN AS MONTSERRAT APARTMENTS) TO
COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY
21, 1998; FURTHER REQUESTING THE ADMINISTRATION TO
MEET WITH COUNSEL FOR APPELLANT.
91 June 23, 1998
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT:
Commissioner Wifredo Gort.
Vice Chairman Plummer: Mr. Milton, my suggestion is, sir, as Mr. Teele has indicated, that you get a
lawyer and that you meet with the Administration for their looking at, review and then come back to us on
the next meeting, which will be, as scheduled now, July 21.
Mr. Milton: Thank you very much.
Vice Chairman Plummer: Thank you, sir.
50. APPROVE OFFICIAL VACATIONAND CLOSURE OF PRIVATE RIGHT-OF-WAY
LOCATION: 501 BRICKELL BAY DRIVE —APPLICANT: SWIRE BRICKELL KEY HOTEL, LTD.
Vice Chairman Plummer: Item PZ-5.501 Brickell Bay Drive.
Commissioner Sanchez: PZ-5?
Vice Chairman Plummer: PZ-5, that is correct.
Commissioner Sanchez. All right. I ... I want to bring something out, a full disclosure on that. A possible
conflict of interest.
Vice Chairman Plummer: OK.
Commissioner Sanchez: With my wife's...
Vice Chairman Plummer: Mr. City Attorney.
Mr. Maxwell: We have ... our office has reviewed potential conflicts of interest. It is our opinion that there is
no conflict of interest in this particular situation
Vice Chairman Plummer: There is no conflict of interest. This is just a street recommendation closure. The
recommendation is for approval. Does anybody have any questions? It's in my district. I move PZ,5.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Is there any further discussion? It's
Opposition? Unanimous vote.
resolution. All in favor, say "aye".
92 June 23, 1998
The Commission (collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-650
A RESOLUTION, WITH ATTACHMENT(S), CLOSING,
VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC
USE THE PORTION OF CLAUGHTON ISLAND DRIVE AND A TEN
FOOT (10'-0") UTILITY EASEMENT, FOR PROPERTY LOCATED
AT APPROXIMATELY 501 BRICKELL BAY DRIVE, MIAMI,
FLORIDA, MORE PARTICULARLY LEGALLY DESCRIBED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
51. SECOND READING ORDINANCE: AMEND ORDINANCE I1000, ARTICLE 4, SECTION 401,'
SCHEDULE OF DISTRICT REGULATIONS - AMEND ZONING ATLAS FROM O OFFICE TO SD-5''
BRICKELL AVENUE AREA RESIDENTIAL - OFFICE DISTRICT LOCATION: 194-218''
SOUTHWEST 14STREET — APPLICANT: BAYHAVEN INVESTMENTS, INC.
Vice Chairman Plummer: PZ-6. 194-218 Southeast 14th Street.
Ms. Slazyk: Its a second reading. We recommend approval and it was approval by the Zoning Board.
Vice Chairman Plummer: Is there anyone here wishing to testify on PZ-6? Hearing none, it's in my district.
I move it. Is there any second?
Commissioner Sanchez: Second.
Vice Chairman Plummer: Is there any opposition? Read the ordinance.
Vice Chairman Plummer: Call the roll.
Vice Chairman Plummer: We've done seven and eight. We're now on PZ-9. Thirty-six fifteen — counsel,
counselor, put your name on the record, please, so you can get paid.
Ms. Ines Marrero-Priegues: Thank you. We probably get paid any way but just for the record, on behalf of
the applicant for Items PZ-5 and PZ-6, Ines Marrero, with the law firm of Greenberg, Traurig. I'm here this
93 June 23, 1998
afternoon honored to appear before you all first the time.
Vice Chairman Plummer: I didn't ask for a commercial. Just put your name on the record.
Ms. Marrero: Well, I'm just here...
Vice Chairman Plummer: Thank you.
Ms. Marrero: ...because my colleague couldn't be here.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE
ZONING ORDINANCE AND PAGE NO. 37 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM O OFFICE TO SD-5 BRICKELL
AVENUE AREA RESIDENTIAL -OFFICE DISTRICT FOR THE
PROPERTY LOCATED AT APPROXIMATELY 194-218
SOUTHEAST 14TH STREET, MIAMI, FLORIDA; MORE
PARTICULARLY LEGALLY DESCRIBED HEREIN; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner 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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11668
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.
94 June 23, 1998
52. APPROVE;::SECOND READING ORDINANCE AMENDING ORDINANCE 10544,
COMPREHENSIVE NEIGHBORHOOD PLAN — AMEND FUTURE LAND USE MAP — CHANGE"
LAND USE DESIGNATION — LOCATION. 3615 NORTHWEST'' 23 COURT - APPLICANT, DWAIN
HIG+► �INI3dT'HAM.
Vice Chairman Plummer: PZ-9, 3615 Northwest 23rd Court.
Ms. Slazyk: PZ-9 and 10 are companion...
Vice Chairman Plummer: Is the applicant... you're the applicant, sir?
Mr. D.W. Higginbotham: Beg your pardon?
Vice Chairman Plummer: Are you the applicant?
Mr. Higginbotham: Yes, sir.
Vice Chairman Plummer: Thank you, sir. Go ahead.
Ms. Slazyk: These are companion land use and zoning items. This is second reading. And my
understanding is that this ... even though we had recommended denial because of outstanding code
enforcement violations, that this is all that's left ... that the applicant needs in order to... to comply.
Vice Chairman Plummer: All right, sir. If you'll raise your right hand and be sworn in. All right, sir. You
have five minutes, if you would like to use that or less, then make your presentation.
Mr. Higginbotham: I'm just here for the final reading. I think I've gotten the approval from the
Commission.
Vice Chairman Plummer: Well, you got approval from the Board but you got a denial from the Department.
You don't have to say anything, sir.
Mr. Higginbotham: OK. I think you all know what...
Vice Chairman Plummer: If you wish to speak, then you've got to give me your name and mailing address.
Sometimes its smarter to say nothing.
Mr. Higginbotham: I don't think I'll say anything.
Vice Chairman Plummer: All right, sir. Whose district is this?
Who's district is nine?
Ms. Slazyk: This is in Allapattah.
Ms. Cuervo: I believe it's Commissioner Gort.
Vice Chairman Plummer: Mr. Gort. Who would like to speak for Mr. Gort? This was approved on the first
reading?
Ms. Slazyk: Yes, it was.
95 June 23, 1998
Vice Chairman Plummer: Hello.
Commissioner Teele: I would move it.
Vice Chairman Plummer: All right. Seconded by Mr. Sanchez?
Commissioner Sanchez: I would second it.
Vice Chairman Plummer: All right. Anybody wishing to further discuss P2r9? Read the ordinance.
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTY LOCATED
AT APPROXIMATELY 3615 NW 23RD COURT, FROM MEDIUM
DENSITY RESIDENTIAL TO GENERAL COMMERCIAL; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Teele, 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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11669.
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.
96 June 23, 1998
53. APPROVE SECOND READING ORDINANCE AMENDING ORDINANCE 11000, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS —AMEND ZONING ATLAS CHANGE
PROPERTY DESIGNATION FROM R 3 MULTIFAMILY MEDDENSITY RESIDENTIAL TO, C-2
LIBERAL COMMERCIAL — LOCATION: 3615 NORTHWEST 23 COURT '- APPLICANT: DWAIN
HIS G1 OTHAM.
Vice Chairman Plummer: Is that —now, there's also PZ-10.
Ms. Slazyk: The companion.
Vice Chairman Plummer: PZ-10 is approved by the ... on the first reading. Moved by Teele. Seconded by
Sanchez. Anyone wishing to discuss to the contrary? Read the ordinance.
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING PAGE
NO. 34 OF THE ZONING ATLAS OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO
C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3615 NORTHWEST 23 COURT MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Teele, 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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11670
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.
97 June 23, 1998
Vice Chairman Plummer: PZ-11. Is the applicant here?
Ms. Slazyk: The City is the applicant for 11 and 12. This is to correct a map error and omission.
Vice Chairman Plummer: All right. Moved by Sanchez and seconded by Regalado. Read the ordinance on
PZ-11.
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED
AT APPROXIMATELY 3188 SOUTHWEST 18TH STREET AND
1801 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA, FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by
Commissioner Regalado, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11671
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.
98 June 23, 1998
55. APPROVE SECOND READING ORDINANCE: AMEND ORDINANCE 11000, FROM R 2 TWO
FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL TO CHANGE ZONING ATLAS
IOCATIE)N: 3188 SOUTHWEST 18 STREET & 1801 SOUTHWEST 32 AVENUE — APPLICANT:'
PLANNING AND DEVELOPMENT.
Vice Chairman Plummer: PZ-12 is a companion item. Is there any discussion? If not, moved by Sanchez.
Seconded by Teele. Read the ordinance.
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING PAGE NO. 40 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3188
SOUTHWEST 18TH STREET AND 1801 SOUTHWEST 32ND
AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11672
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.
99 June 23, 1998
Vice Chairman Plummer: Item 13, City sponsored 900 Southwest 1st Street. Is there any wish ... anybody
wishing to speak to the issue? Moved by Regalado. Seconded by Teele. Read the ordinance.
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION FOR THE PROPERTY LOCATED AT
APPROXIMATELY 900 SOUTHWEST 1 ST STREET (MANUEL
ARTIME AUDITORIUM) FROM MAJOR INSTITUTIONAL,
PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES, TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11673
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.
100 June 23, 1998
Vice Chairman Plummer: Fourteen is a companion. The same address by this City of Miami for approval
by the Department and by the Board. Moved by Regalado. Seconded by Teele. Read the ordinance.
Vice Chairman Plummer: Just so that there's no misunderstanding, that is only the auditorium. It is not the
building. That caused problems last time.
Ms. Slazyk: That ... yeah. We amended it to change the addresses and legal and everything...
Vice Chairman Plummer: OK. Call the roll.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO.
35 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION FROM G/I
GOVERNMENT AND INSTITUTIONAL TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED
APPROXIMATELY 900 SOUTHWEST 1 ST STREET, MIAMI,
FLORIDA (MANUEL ARTIME AUDITORIUM); MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11674
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.
101 June 23, 1998
58. BRIEF DISCUSSION REGARDING BOBBY MADURO STADIUM:
Vice Chairman Plummer: Item 15 is also City sponsored.
Ms. Christina Cuervo (Assistant City Manager): We're asking for a continuance.
Vice Chairman Plummer: Hold on, hold on.
Commissioner Regalado: Got a question, not related to this but since we're ...
Vice Chairman Plummer: Fourteen or 15?
Commissioner Regalado: No, no, not related.
Vice Chairman Plummer: Oh, I'm ... all right.
Commissioner Regalado: Bobby Maduro Stadium, how ... how ... the damages in yesterday's fire?
Ms. Christina Cuervo (Assistant City Manager): That's going to be Item PZ-17. My understanding is that it
was...
Vice Chairman Plummer: Totalled?
Ms. Cuervo: No, it was not totalled.
Commissioner Regalado: No, nottotalled.
Ms. Cuervo: It was contained and I don't ... I don't have an estimate on the damages but...
Ms. Dena Bianchino: It...it...it was a minor trash fire. We don't know the extent of the damages. The
stadium is standing there.
Vice Chairman Plummer: But I mean, why are we asking that question? Because its my understanding, it's
to be torn down for housing.
Ms. Bianchino: That's correct.
Vice Chairman Plummer: So why are we trying to save a monster?
Commissioner Regalado: I'm just asking to see whether the fire will change in any way the offers that we
get.
Vice Chairman Plummer: Oh, OK. All right, hey, that's legitimate.
Vice Chairman Plummer: Item 15 is the next item.
Ms. Slazyk: Fifteen and six...
Vice Chairman Plummer: Nineteen seventy-five Northwest 12th Avenue is a city property. It's for approval
and approval.
102 June 23, 1998
Ms. Cuervo: We're ... we're continuing... would like to continue that.
Vice Chairman Plummer: You'd like to continue this until the next meeting on July the 21 st?
Ms. Cuervo: Yes.
Vice Chairman Plummer: It is now continued.
Ms. Cuervo: Sixteen as well.
Vice Chairman Plummer: Item 16 is likewise the same.
Mr. Foeman: Commissioner, we need a roll call.
Vice Chairman Plummer: Continued on both items. Call the roll call on 15 and 16.
Mr. Foeman: I need a mover.
Vice Chairman Plummer: Continued to July 21.
Mr. Foeman: I need a mover and a seconder.
Vice Chairman Plummer: Second ... moved by Teele. Seconded by Sanchez. Don't be so slow. Call the roll.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-651
A MOTION TO CONTINUE CONSIDERATION OF AGENDA
ITEMS: PZ-15 (PROPOSED SECOND READING ORDINANCE TO
CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN FROM MAJOR INSTITUTIONAL,
PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO
GENERAL COMMERCIAL AND PZ-16 (CHANGE OF ZONING
DESIGNATION FROM G/I GOVERNMENT AND INSTITUTIONAL
TO C-2 LIBERAL COMMERCIAL) FOR PROPERTY LOCATED AT
APPROXIMATELY 1975 N.W. 12 AVENUE (PROPERTY
MAINTENANCE SITE) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR JULY 21, 1998.
103 June 23, 1998
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
None.
ABSENT: Commissioner Wifredo Gort.
60. SECOND READING ORDINANCE AMENDING ORDINANCE 11000, FROM G/I GOVERNMENT'
AND INSTITUTIONALTO 3-3 MULTIFAMILY MEDIUM DENSITY' RESIDENTIAL TO CHANGE
ZONING ATLAS i — LOCATION: 2301 NORTHWEST 10 AVENUE (BOBBY MADURO STADIUM)
APPLICANT: PLANNING AND DEVELOPMENT.
Vice Chairman Plummer: PZ-17. Also City sponsored. The Bobby Maduro Stadium by the City of Miami
for approval and approval. Is there anybody wishing to speak to the issue?
Commissioner Regalado: Move it.
Vice Chairman Plummer: Moved by Regalado. Seconded by Teele. Read the ordinance.
Vice Chairman Plummer: Call the roll.
The Commission (Collectively): Aye.
An Ordinance Entitled -
AN ORDINANCE AMENDING PAGE NO. 20 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM G/I GOVERNMENT AND
INSTITUTIONAL TO R-3 MEDIUM DENSITY MULTI -FAMILY
RESIDENTIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2301 NORTHWEST LOTH AVENUE, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
104 June 23, 1998
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11675
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Plummer: Eighteen is a City -sponsored development The C-1 Restricted Commercial
District and it's approval and approval. Is there a motion? Moved by Sanchez. Seconded by Regalado. It is
second reading. Read the ordinance.
Vice Chairman Plummer: Is there any further discussion? Hearing none, call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
BY AMENDING ARTICLE 4, SECTION 401 SCHEDULE OF
DISTRICT REGULATIONS, IN ORDER TO ALLOW CERTAIN
PROCESSING AND WHOLESALING USES (INCLUDING
CUSTOMARY ACCESSORY USES) OF SEAFOOD PRODUCTS BY
CLASS II SPECIAL PERMIT WITHIN C-1 RESTRICTED
COMMERCIAL ZONING DISTRICTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
105 June 23, 1998
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by
Commissioner Regalado, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11676
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Plummer: Item 19 is a CitySponsored Ordinance. Changing SD-6, SD-6.1, Central,
Commercial, Residential Districts and CBD, Central Business Districts. It's recommended and
recommended. Is there any further discussion?
Ms. Lourdes Slazyk (Planning and Development/Assistant Director: I need to just clarify for the record...
Vice Chairman Plummer: Clarify.
Ms. Slazyk: OK. The legislation in your package is a draft legislation and some changes were made on the
floor at first reading and they ... they didn't get into the package, so I just want to clarify that this is going to
be a Class 2 Special Permit with City Commission approval. It's going to exclude those portions of the
districts that lie north of I 395 and with respect to the payment for the Class 2 Special Permit, there was a fee
of five thousand dollars ($5,000.00) for the first year and five percent of the gross proceeds from the
advertising or five thousand dollars ($5,000.00) whichever year's greater annually. I want exclude change of
copy from that. If not, that would be...
Vice Chairman Plummer: All right. And ... are the conditions so attached? This is subject to approval with
conditions.
Mr. Joel Maxwell (Assistant City Attorney): No, no, this is...
Vice Chairman Plummer: Excuse me?
Ms. Slazyk: With modifications that I just read.
106 June 23, 1998
Vice Chairman Plummer: So it's modifications instead of conditions?
Ms. Slazyk: Right.
Vice Chairman Plummer: OK. And who moved it? Nobody. Mr. Teele and seconded by Mr. Sanchez.
Wish to speak to the issue?
Commissioner Sanchez: No, I do not but I am asking, Vice Chair, that I would like to make a ... on Item 3, a
recommendation. The owners did not have an opportunity to speak on their behalf.
Vice Chairman Plummer: Who is it?
Commissioner Sanchez: A reconsideration. Reconsideration...
Vice Chairman Plummer: Are you saying PZ-3?
Commissioner Sanchez: Was it PZ-3? Yes, it was. Yes, it was.
Vice Chairman Plummer: I ... I don't know.
Mr. Maxwell: Yeah, its three but right now you have 19 here.
Vice Chairman Plummer: You're out of order right now. OK. All right, we have P2r19 with a roll call.
Mr. Walter Foeman (City Clerk): He needs to read the ordinance.
Vice Chairman Plummer: Read the ordinance. OK. Let me ask ... you know, I really wanted this to be
deferred.
Mr. Maxwell: Commissioner? Excuse me, Vice. Did you get the roll call on that?
Mr. Foeman: No, not yet.
Vice Chairman Plummer: No, I don't want a roll call yet because I was going a little fast. Do we retain
control of what goes on those signs?
Ms. Slazyk: Yeah ... well, each one is going to have to come to the City Commission for approval. That's
what you asked us the last time...
Vice Chairman Plummer: Do they have to show us a rendering of what they're going to...
Ms. Slazyk: Yes.
Vice Chairman Plummer: Do they also have to show us how big it's going to be?
Ms. Slazyk: Yes.
Vice Chairman Plummer: OK, then I have no objections. Because I've seen some in other cities that really
would cause some people in this community to be upset.
Ms. Slazyk: Right. This has limitations on the amount that can be commercial.
107 June 23, 1998
Vice Chairman Plummer: OK.
Ms. Slazyk: And, on top of that, they're going to come here.
Vice Chairman Plummer: OK. Let me ask another question, if I may. A little bit off for the record. Is there
a size on outdoor boards, as I know outdoor boards? They're usually like 12 by 40. Billboards.
Ms. Slazyk: I'm not sure of the size.
Vice Chairman Plummer: Hello?
Ms. Slazyk: Typical size...
Vice Chairman Plummer: Does anybody know?
Ms. Slazyk: I've seen full size and half size, so I know that they can vary...
Vice Chairman Plummer: Well, the zippy boards are smaller. But I've been seeing recently what I would
call double the size of what we know as billboards. I thought there were regulations in our ordinances. I ask
you to go look at Southwest 8th Street and ... and 17th Avenue, southbound, just north ... I'm sorry.
Northbound. Just north of Southwest 8th Street. There is a billboard there that is humongous in size. I
mean, it's at least double, OK. And I don't know if it's legal or it's not. But if it's legal, we need to address
the issue.
Ms. Slazyk: OK. I'll...
Vice Chairman Plummer: OK, 19. We've had the ordinance and it's been read. Now, call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
BY AMENDING ARTICLE 9, SECTION 926 TO ALLOW A CLASS
II SPECIAL PERMIT, WITH CITY COMMISSION APPROVAL, FOR
SIGNS WHICH HAVE ARTISTIC OR GRAPHIC VALUE,
PROVIDING FOR THE LOCATION, REGULATION AND
CONDITION FOR THE APPROVAL OF SUCH SIGNS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
108 June 23, 1998
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Teele, 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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11677
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Plummer: Item 20. SD-5 Brickell Avenue. Area residential office district.
Ms. Slazyk: This is...
Vice Chairman Plummer: SD-6 Central Commercial Residential District. SB7 Central Brickell Rapid
Transit. Commercial Residential Districts. Tell us what this pretends to do.
Ms. Slazyk: This is to allow valet parking within SD 5, 6 and 7, which is the remainder of our downtown
districts.
Vice Chairman Plummer: Now, does it prohibit it from being in moving lanes of traffic?
Ms. Slazyk: It ... what it does, it takes the same ordinance that was in place forCBD and puts it here.
Vice Chairman Plummer: Now answer my question. Does it prohibit from valet parking utilizing a moving
lane of traffic?
Mr. Kay: They can only park at parking or loading zones. Parking areas of...they ... they cannot interfere
with...
Vice Chairman Plummer: Loading zones are not a moving lane of traffic.
Mr. Kay: No, they are not in moving lanes of traffic. They are ... they are allowed to drive off into a parking
spot, pick up and that's it.
109 June 23, 1998
Vice Chairman Plummer: Jim, in your old age, you're wanting to editorialize. Yes or no. The answer is no,
it's not in a moving lane of traffic.
Commissioner Regalado: Jim, once...
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Once valet park is authorized, then the people have to get a license, is that correct
or....
Mr. Kay: They have to come to our department and get a permit
Commissioner Regalado: A permit.
Mr. Kay: From ... from the City.
Commissioner Regalado: And does it ... do they have to pay like a monthly fee or something like that?.
Mr. Kay: They pay a monthly fee. We are in the process of reviewing that against other municipalities that
have valet parking ordinances.
Commissioner Regalado: And are we charging more or less than others?
Mr. Kay: From appearance, it...it appears that we do charge more than other municipalities at this point.
Commissioner Regalado: That's what I thought. I think that we are charging more than Gables and Miami
Beach.
Vice Chairman Plummer: Nothing... nothing we're doing are we charging less.
Mr. Kay: That's why we're reviewing it now
Commissioner Regalado: Of course. But, I mean ... you know.
Vice Chairman Plummer: OK. We'll try. We can always change it if it's doesn't work out. Anything else?
Nobody wishes to speak on the issue? Read the ordinance.
Vice Chairman Plummer: Motion understood. Call the roll.
Mr. Foeman: I need a mover.
Vice Chairman Plummer: Who moved it?
Commissioner Regalado: Move.
Vice Chairman Plummer: Regalado. Seconded by Teele.
110 June 23, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 35, ENTITLED "MOTOR
VEHICLES AND TRAFFIC" OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE VIII ENTITLED
"VALET PARKING" PROVIDING FOR THE ESTABLISHMENT OF
VALET PARKING IN THE SD-5, SD-6 AND SD-7 ZONING
DISTRICTS, AS DEFINED IN ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11678.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Plummer: Now, let me tell you something. I know that a lot of people downtown want this
ordinance 21, where they can serve booze in 50 seats or less. But I want you to put them all on notice that
we're going to watch for abuse every time they come in and ask for a license and if there is abuse, we're
going to change this thing in a hurry. One thing we don't need is more liquor joints, OK? Is there a motion
on 21?
Commissioner Regalado: Move.
Vice Chairman Plummer: Moved by Regalado. Seconded by Teele.
Commissioner Sanchez: Second.
111 June 23, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 4, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"ALCOHOL BEVERAGES," BY ADDING NEW SECTION 4-13,
ENTITLED: "CENTRAL BUSINESS DISTRICT DISTANCE
REQUIREMENTS," TO PERMIT SALE OF LIQUOR IN
RESTAURANTS, CAFES, CAFETERIAS AND DELICATESSENS
WITH SEATING FOR 50 OR MORE CUSTOMERS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11679.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Plummer: Call the roll.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: I'm sorry. Mr. Teele.
Commissioner Teele: Is the NET office comfortable with this?
Ms. Slazyk: Oh, yes. The NET office worked with us in getting the Downtown Miami Partnership and
DDA and everyone on board.
Commissioner Teele: Thank you.
112 June 23, 1998
Vice Chairman Plummer: Item 22 is another downtown development.
Ms. Slazyk: We're going to have to ask for continuance on 22. You may recall two weeks ago you
authorized the Manager to sign the agreement with DCA and DDA. We haven't gotten the rest of the
signatures, so we need to continue...
Vice Chairman Plummer: Motion to defer...
Ms. Slazyk: July 21 st.
Vice Chairman Plummer: To continue to July 21. Made by Teele. Seconded by Sanchez. All in favor say
"aye." OK. Show it as a unanimous vote.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-652
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-22 (PROPOSED AMENDMENT OF MASTER AND INCREMENT
I DEVELOPMENT ORDERS OF THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT TO SHIFT SCALE OF
PERMITTED DEVELOPMENT ACTIVITY WITHIN CERTAIN
LAND USE CATEGORIES) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR JULY 21, 1998.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
113 June 23, 1998
Vice Chairman Plummer: Now, Commissioner Sanchez, you wish to have a reconsideration on some item?
Commissioner Sanchez: Yes.
Vice Chairman Plummer: What is the item number?
Commissioner Sanchez: PZ-3. The reason was that the owners...
Vice Chairman Plummer: Excuse me. I don't need a reason yet. Is there a motion to reconsider?
Commissioner Sanchez: Motion.
Vice Chairman Plummer: Motion is to reconsider by Sanchez.
Commissioner Teele: Second.
Vice Chairman Plummer: Seconded by Teele. Is there any discussion on the motion on the floor? The
answer is ... all in favor say "aye." All oppose? Now, we will reconsider Item PZ,3.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-653
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON
RESOLUTION NO. 98-648, WHICH HAD DENIED AN APPEAL OF
ZONING BOARD DECISION IN CONNECTION WITH VARIANCE
TO PERMIT REDUCED SETBACKS FOR AN EXISTING
ADDITION TO A SINGLE FAMILY RESIDENCE, FOR PROPERTY
LOCATED AT APPROXIMATELY 1520 S.W. 11 STREET.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Mr. Maxwell: Commissioner?
114 June 23, 1998
Vice Chairman Plummer: Mr. Maxwell.
Mr. Maxwell: If I recall, this item was an item of some discussion. Is this is the one where you had
opposition and neighbors approached?
Vice Chairman Plummer: That is correct, sir.
Ms. Slazyk: Yes, there was a neighbor here that sits on our Code Enforcement Board.
Vice Chairman Plummer: Yeah, but that's not ... should not have been said.
Mr. Maxwell: Well, regardless of whether or not there was one or two neighbors. The fact that there were
people here in opposition. If, in fact —the Board has moved to reconsider this item, what I would suggest to
you is that you schedule it for July 21 st.
Vice Chairman Plummer: The Chair ... the floor is open for continuance until the next meeting, where it can
be re -advertised.
Mr. Maxwell: And it be...it be re -noticed. That's correct, it would be noticed for the 21 st.
Commissioner Sanchez: OK. I'll make a motion to that, if I have to.
Vice Chairman Plummer: All right. Moved by Sanchez. Seconded by Teele. All in favor say "aye." Show
it as a unanimous vote.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-654
A MOTION TO CONTINUE ITEM PZ-3 (APPEAL OF ZONING
BOARD DECISION IN CONNECTION WITH VARIANCE TO
PERMIT REDUCED SETBACKS FOR AN EXISTING ADDITION
TO A SINGLE FAMILY RESIDENCE, FOR PROPERTY LOCATED
AT APPROXIMATELY 1520 S.W. 11 STREET), TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY
21, 1998.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Vice Chairman Plummer: Now, that concludes the zoning agenda. Is there anybody else here for any item
that's ... I still see people sitting here. Sir, what item were you here on, that you missed?
115 June 23, 1998
Unidentified Speaker: Item P2r3.
Vice Chairman Plummer: That ... sir, we just revisited that issue and because there was opposition, your
attorney will explain it to you. You're not dead. You're still alive.
67t RESCBEDULE COMMISSION MEETING OF JULY 28, 1998 TO JULY 21,1998.
Vice Chairman Plummer: OK. Is there anything else on ... BoonrBoom.
Mr. Maxwell: Yes, there is one other thing you need to know, Commissioner.
Vice Chairman Plummer: What...
Mr. Maxwell: You need to do. You need to ... you need a roll call vote changing the meeting to July 21 st.
Vice Chairman Plummer: Motion made ... where is Regalado? Where did he go to? Well, we only need
three.
Mr. Maxwell: You only need three for that, that's correct.
Vice Chairman Plummer: OK. To move the meeting of July to the 21st, which gives us a fivaweek
vacation instead of four. Moved by Sanchez. Seconded by Teele. All in favor say "aye." Show unanimous
ballot.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-655
A MOTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING IN JULY TO BE JULY 21, 1998.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES:
NAYS:
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
None.
ABSENT: Commissioner Wifredo Gort
Commissioner Tomas Regalado
116 June 23, 1998
68. APPROVE CONFIRM CITY MANAGER'S WAIVING OF COMPETITIVE SEALED BIDS — FOR
PURCHASE OF FLEET MANAGEMENT SOFTWARE SYSTEM FOR GENERAL SERVICES
ADNOASTRATION AND FIRE -RESCUE - ALLOCATE $15,006.00 FROM CAMAL;
PROVF.I�II3i"i+ PROGRAM PROJECT 311604.
Vice Chairman Plummer: Where is Regalado? I need him in here. I've got to read ... I've got to do Item 3 of
regular agenda. Mr. Regalado? Wait a minute. You all are not excused. Sit down. Where is Regalado?
Well, get your... in here. Item 3 this morning was deferred by me for the purposes of trying to get a local
company to make it. I find out that there was a different ruling by the City Attorney that ... that said you can
only do certain things. I will now take it off of being tabled and I will move Item 3 of the regular agenda. Is
there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: Is there any discussion? Is it an ordinance or a resolution.
Mr. Warshaw: Resolution.
Vice Chairman Plummer: I think it's a resolution. OK. this is for Fleet Management. OK. All in favor say
"aye." Opposition? Show it unanimous.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-656
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING THAT
COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT
PRACTICAL AND ADVANTAGEOUS FOR THE PROCUREMENT,
INSTALLATION, AND RELATED TRAINING OF A FLEET
MANAGEMENT SOFTWARE SYSTEM FOR THE DEPARTMENTS
OF GENERAL SERVICES ADMINISTRATION (GSA), FLEET
MANAGEMENT DIVISION AND FIRE -RESCUE, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND APPROVING A CONTRACT AWARD TO CCG
SYSTEMS, INC., AT A TOTAL AMOUNT NOT TO EXCEED
$75,000.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, "WORK ORDER AND
PROJECT MANAGEMENT SYSTEM," PROJECT NO.311604.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
117 June 23, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
69. MANUEL GONZALEZ-GOENAAGA REQUESTS BACKUP PAPERS FOR AGENDA ITEMS 7
AND K
Vice Chairman Plummer: Mr. Boom. -Boom, why do you approach the Commission?
Mr. Goenaga: Because I need the beef on Item 7 and Item 14.
Vice Chairman Plummer: You need the what?
Mr. Goenaga: The beef. The papers, baby.
Vice Chairman Plummer: Where is the beef?
Mr. Goenaga: Yes. Which is the management letter of our City independent auditors.
Vice Chairman Plummer: Oh, that was because it was deferred'til the next meeting. Mr. Gort indicated he
had only received that material the night before and he wanted an opportunity to have time to go through it.
Mr. Goenaga: And 14, which is the Five -Year...
Vice Chairman Plummer: That will taken up, sir, at five o'clock.
Mr. Goenaga: At 5:00. But...
Vice Chairman Plummer: Yes, sir.
Mr. Goenaga: But you know I can't ... I ... I try not to improvise when I come here. I think, when I speak...
Vice Chairman Plummer: All right, sir.
Mr. Goenaga: ...my two minutes, I have to ... I love to see a package...
Vice Chairman Plummer: All right.
Mr. Goenaga: ... of the Five -Year presentation.
118 June 23, 1998
Vice Chairman Plummer: Thank you, sir. Mr. City Manager or Mr. Combo, I'm probably not going to be
here for the Five -Year Plan this afternoon because of having to go to work. Let me tell you, sir, what I wish
to put onto the record and I will discuss further...
Commissioner Teele: What time is theFive-Year Plan coming up?
Vice Chairman Plummer: Five o'clock.
Commissioner Regalado: Why...why is that?
Vice Chairman Plummer: You want to have it now? Well ... OK. We've got to be here at five o'clock
anyhow.
Commissioner Teele: But we can't do but one thing at five o'clock.
Commissioner Regalado: Right.
Vice Chairman Plummer: That's going to take five minutes.
Commissioner Teele: What will?
Vice Chairman Plummer: The ... the one on Regalado's motion. Hey, you want to take it now? I got no
problem. You want to do the Five -Year now? I'll call the Mayor.
Commissioner Regalado: Well, I don't understand. Did we say that we weren't ... we were to discuss this,
this afternoon but we didn't say at five.
Vice Chairman Plummer: Well, we originally said we were going to do it at two.
Commissioner Regalado: We said at two, yeah.
Vice Chairman Plummer: OK. But then we didn't have a full board.
Commissioner Regalado: So the Mayor has to be available for that.
Vice Chairman Plummer: All right. Do you wish to discuss it now? I will call up and ask the Mayor to
come down.
Commissioner Regalado: Hey, I don't have any problem.
Vice Chairman Plummer: You want to do that? You want to do it at five?
Commissioner Teele: I think we should do it now.
Vice Chairman Plummer: Excuse me.
Commissioner Teele: I think you're...
Vice Chairman Plummer: Would you call up and tell the Mayor to please ... we'll take a five minute recess.
Commissioner Teele: Commissioner Plummer, I think your involvement in theFive-Year Plan is important.
I mean, as I do Commissioner Gort and everybody else.
119 June 23, 1998
Vice Chairman Plummer: OK. Well ... but you see, Gort's not going to be here until 4:30.
Commissioner Teele: And, in many ways ... yeah, but we don't have ... we can begin the discussion. We don't
have to take a vote. You know, we could vote at five but...
Vice Chairman Plummer: OK. I hear you but the Mayor has to be present, so we'll take a five minute break.
Hopefully, that ... by that time the Mayor will be here and we'll go into discussion. Fair enough?
Commissioner Sanchez: Fair enough.
Commissioner Teele: Thank you.
Mr. Goenaga: And can I have the beef?
Vice Chairman Plummer: You can have the beef.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 3:35
P.M. AND RECONVENED AT 3:43 P.M., WITH ALL MEMBERS OF THE
CITY COMMISSION FOUND TO BE PRESENT, WITH THE EXCEPTION
OF COMMISSIONER WIFREDO GORT.
70. APPOINT POLICE CHIEF DONALD WARSHAW INTERIM CITY MANAGER FOR 30 DAYS
FURT EIER DIRECT CITY ATTORNEY AND CITY MANAGER TO ASCERTAIN SEPARATION.OF
I;INFORI AND CIVILIAN POWERS IN MATTERS THAT CAN CAUSE CONFLICT OF INTEREST
IE'I'WEEN POLICE AND THE ADMINISTRATION.
Vice Chairman Plummer: Don Warshaw, the Acting City Manager, period. Acting.
Commissioner Regalado: He's already acting.
[AT THIS POINT COMMISSIONER WIFREDO GORT ENTERED THE COMMISSION CHAMBERS
AT 3:48 P.M.]
Vice Chairman Plummer: Well, I understand that there's some legality. Mr. City Attorney.
Mr. Vilarello: OK, yeah. There's a few issues that I'd like to address. One is, if you're going to make it an
acting appointment, to make it for a time certain.
Vice Chairman Plummer: Thirty days.
Mr. Vilarello: OK.
Commissioner Sanchez: Second.
Mr. Vilarello: The other ... I have prepared a resolution, which provides for the Chief during his temporary
position, to remain in the position of the Chief of Police, as long as it's a temporary basis, we're OK with
regard dual office holding provisions, but the position has to be temporary. And he, of course, remains in
his position as Chief of Police.
Vice Chairman Plummer: Mr. Regalado.
120 June 23, 1998
Commissioner Regalado: No. I thought that 30 days is not enough for this Commission to talk about his
possible package and then send it to the Oversight Board. I mean, you know ... and it's up to the Mayor to
decide if he's going to be the man...I mean...
Vice Chairman Plummer: May I suggest that we do it for...
Commissioner Regalado: I am ready to second the motion if there is a need. Do we have 14 days from the
last time that he was appointed by the Mayor, is that correct?
Mayor Carollo: Yeah, that's correct.
Vice Chairman Plummer: What I'm going to suggest to you is...
Commissioner Regalado: So we have to act now. If we don't act today...
Vice Chairman Plummer: Let's use the motion today for 30 days. If we see it's not at adequate, we can
always extend it for another 30 days. OK.
Commissioner Regalado: Fine with me.
Vice Chairman Plummer: Mr. Teele, you had your hand up?
Commissioner Teele: Yes. I ... Mr. Chairman, I'm really concerned about the process.
Vice Chairman Plummer: All right, sir.
Commissioner Teele: I tell you ... you know, being a minority in America, the only thing that protected us...
Vice Chairman Plummer: No. No, no, no. No, no. In America, you're right?
Commissioner Teele: The only thing that protected is to have a process that the public can rely upon. The
Mayor has the sole responsibility of naming a manager, to my knowledge. Your motion is to name him
manager for 30 days. I don't think that's an appropriate motion. If the Mayor wants to put his name before
us, then I think we should act on that right here and right now. But I think it is important that the nominating
of the naming of the manager come from the Mayor. And, again, it's not just picking semantics but, you
know, we don't have a tradition of having a Mayor/Commission form of government and what I see totally
wrong with this process is that we're still acting, in some ways, like we're the Commission. A
Commission/Manager form of government. In other ways we're acting like we're a Mayor/Commission
form of government. In other ways we're acting like we're no government.
Mr. Vilarello: Commissioner, I did assume that Commissioner Plummer made that motion at the request of
the Mayor because...
Commissioner Teele: That's not what the motion said. The Mayor has not communicated to me or the
public, to my knowledge.
Mr. Vilarello: The Mayor is the only individual that can appoint the Act...
Commissioner Teele: And the motion was to appoint and that is not a correct ... and it's not ... I'm not —we just
need to understand that we have a different charter. A year ago that would have been a proper motion.
121 June 23, 1998
Vice Chairman Plummer: No, it wouldn't have. Not a year ago. That would have been interference.
Commissioner Teele: If there's no Manager, the Commission didn't have that authority to name a Manager?
Vice Chairman Plummer: No.
Commissioner Teele: Who did?
Vice Chairman Plummer: Nobody did until the Manager was named.
Commissioner Teele: But in a vacancy, under the old charter...
Vice Chairman Plummer: OK. I don't want to argue ... the vacancies ... all City department heads were solely
the purview of the whim of the Manager and without...
Commissioner Teele: No Manager. Well, that's what we're talking about now.
Vice Chairman Plummer: Yeah. All right look, I'll ... Mr. Mayor.
Mayor Carollo: If I may ask the presiding member of the Commission right now to give me a minute to,
first of all, express my gratitude to Commissioner Teele on this for acknowledging the statement that he
made, that I'm the one that needs to choose but, in keeping with my statements from day one, that I would
work with the Commission in finding someone, not just of my choosing, but someone of my choosing, the
Commission choosing, someone that we could all work with. I stated that I would meet and talk with each
and every one of you and discuss names so that we could come to one conclusion, that of choosing someone
that we could all work with. And I also stated that one of those names that I would discuss would be Donald
Warshaw. So, in keeping with that, I think it's only proper that this resolution would be adopted today.
Otherwise, we would not meet again until the 30th of June and I would be in a situation where I would have
to call a special meeting before then. Because the 29th is the loth day.
Commissioner Teele: Mr. Mayor, I'm not at all ... the only thing that I'm saying is, you know, we've gotten a
little bit off track. If you put a name before us, then we are here to ratify it. We're not here to put a name up
and that's the only thing that I'm saying.
Mayor Carollo: And I understood that. I appreciate that. And I ... I understood that and that's why I'm
acknowledging your thought of trying to help me out in this process. And what I've done is to present the
name of Donald Warshaw as Acting City Manager with a 30-day period, that I hope by that time, after I
speak to all of you and we follow the process that we need to follow, that within 30 days time you will have
a name for a permanent City Manager before you that we all can work with.
Vice Chairman Plummer: All right. Mr. City Attorney, where are we?
Mr. Vilarello: I believe it's a resolution ratifying, approving and confirming Mayor Joe Carollo's
appointment of Donald Warshaw as Acting City Manager of the City of Miami, Florida until July 23rd,
1998.
Commissioner Gort: Mr. President?
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: You put me up to date. And, once again, I apologize for being late but I got out 10
122 June 23, 1998
minutes earlier.
Mayor Carollo: You're actually early.
Vice Chairman Plummer: OK. I ... do I call the roll?
Commissioner Gort: Excuse me?
Mr. Vilarello: I don't know if you have a second yet.
Commissioner Gort: Excuse me?
Vice Chairman Plummer: Oh, did you want to speak? Well, quit hesitating. Quit hesitating.
Commissioner Gort: I said could you put me up to date on what's going on. I just walked in now.
Vice Chairman Plummer: Speak.
Commissioner Gort: I mean, I hear Warshaw ... no, I don't know. Whafs... what are we doing now?
Vice Chairman Plummer: Basically, the motion before us, asked for by the Mayor, was to appoint Donald
Warshaw in an Acting City Manager for a period of 30 days.
Commissioner Teele: Not to appoint, to ratify.
Vice Chairman Plummer: To ratify, if you wish to say that.
Commissioner Gort: OK.
Vice Chairman Plummer: No, it was to appoint.
Commissioner Teele: We are ratifying...
Vice Chairman Plummer: Yeah, we're ratifying him because he's already appointed. Yeah.
Mr. Vilarello: The Mayor appoints. The Commission ratifies.
Vice Chairman Plummer: Yes.
Commissioner Gort: Thank you.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I fully support this and I really am a little frustrated that we haven't done this before
and it's not being done permanently. Notwithstanding that, I feel compelled to say that I think it's important
that the City Attorney work with the Manager... Interim Manager, assuming its ratified, to ensure that he
rescues himself from those matters that clearly would represent a failure to separate uniform from civilian,
which is a tradition in this country, as well as in government. I want every citizen of this city to know that, if
they file a complaint against a police officer or if there are issues that relate to the performance of police,
that someone other than Donald Warshaw is going to take the appeal. He can ... if he's retaining both jobs, he
123 June 23, 1998
cannot ensure that there is going to be a detached objective review of that and I think the way to do that is
the way it's done in any other governmental agency, where he excuses himself from those issues and
appoints a city... Assistant Manager or someone to deal with that. But I think it very, very important that the
public know that this is not a government that has a ... a uniform chain of command in roles that had been
reserved for the civilian function. And I'm ... I say that with the hope that we can continue to build good
relationships with the union, with the police and with the public.
Vice Chairman Plummer: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-657
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
MAYOR JOE CAROLLO' S APPOINTMENT OF DONALD
WARSHAW AS ACTING CITY MANAGER OF THE CITY OF
MIAMI, FLORIDA, UNTIL JULY 23, 1998.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
Commissioner Wifredo Gort
NAYS: None.
ABSENT: None.
124 June 23, 1998
Vice Chairman Plummer: Mr. Mayor, there's two items left. One we cannot handle until five o'clock, which
is Commissioner Regalado's motion, in reference to the charter, and the other one, which is the Five -Year
Plan.
Mayor Carollo: Commissioner Plummer, to bring Commissioner Gort up to date as to what we had done
before and I don't know if Commissioner Teele was here. Three members of this Commission passed a
resolution choosing the date of June the 30th at 10 a.m. for a special Commission meeting to approve the
revised five-year financial plan. I guess this would be a revised, revised five-year financial plan. And we
are now open for any further questions that the members of the Commission might have of the Budget
Director or any ideas that they might present of how we could better improve this revised plan.
Vice Chairman Plummer: Mr. Mayor, I'll be glad to start.
Mayor Carollo: Go ahead, Commissioner.
Vice Chairman Plummer: I, first of all, would like to thank Dipak for basically giving me this book that was
about 87 hours of reading and then turned around and told me that if, like a dumb -dumb, if you'll read page
61, it's one page that tells you the whole story. And I think that, as we look at page 61, which is the
summary ... if I could find it. Blasted thing. I have any number of thoughts that I wish to express. I don't
know why I can't find it. As we look through the book...Mr. Dipak, let me tell you what I want really. I'm
going to give you some shots that I want answers for on the 3 ; and I'm not going to ... because I think it
takes time.
Mr. Dipak Parekh (Budget Director): Yes, sir.
Vice Chairman Plummer: The thing we're looking for is recurring revenue. That's the bottom line, OK. I
want to recall to maybe some of the Commissioners who weren't here some years ago, when we assigned an
125 June 23, 1998
individual on staff to go down and research the records on assessments. That individual went down ... and I
want this Commission to know at that particular time ... he found two million additional dollars of revenue
that should have been coming to the City that was not. I am told, Mr. Budget Director, that there are today
companies that work on percentages.
Mr. Parekh: Yes, sir.
Vice Chairman Plummer: That will do the same.
Mr. Parekh: Absolutely.
Vice Chairman Plummer: OK. And I think that ... as I read the Daily Business Review and I look at what a
property sold for five years ago, I look at what it sold for yesterday and I see what is the assessed value. We
all know that nobody complies with State law of a hundred percent assessment.
Mr. Dipak: Absolutely right.
Vice Chairman Plummer: All right. I think that we need to put dollars into this budget. It takes money to
make money. There is no question in my mind when one building, that I will not mention in the downtown
area is assessed for approximately a hundred million dollars, just recently sold for two hundred and eight.
And I'll tell you, off the record, who it is. I think you know who it is. All right. In the Business Daily
Review, I think it is on the record, assessed for 112. This is the kind of thing that I think that we've
definitely got to get into. I think it is there. It is, without question, recurring revenue because it reoccurs
every year. Mr. Budget Director, I am very concerned about police overtime. They have blown out the
budget that they were afforded in police overtime and I want to remind my good friend, Mr. Combo, that he
has had a tremendous success in the confiscation of automobiles and if he only confiscates 10 cars a day,
which you can do in West Grove alone, you've generated three and a half million dollars. And I think it can
be done easily, easily, which will cover their overtime. I'm very concerned in the Sanitation Department. In
the Sanitation Department I'm concerned in reference to the tipping fees. The overtime, I have no problem
with. But I think that we have got to look and continue to look for alternative methods of doing because
what we're doing is not working. I am concerned in the area of Code Enforcement. I am tired of hearing
Code Enforcement talk about liens of a hundred million dollars or sixtyfive million dollars and they
continually give continuances, continuances, continuances when this Commission said, the fourth month is
foreclosure and now, whatever reason... either they're going to have clout to be respected, which they're not
today, or let's get rid of them because that ... the Code Enforcement's costing this City a million dollars a year.
I'm also very concerned, as I look through this budget, and the administrative cost of police and fire. I think
it is high time that we have an outside look into administrative cost in police and fire. I don't know exactly
what involvement there is but, as you know, I have a major problem with sworn police officers doing other
than law enforcement. And, Mr. Mayor, my final comment that I'll make today is in the budget, it is without
my hesitation that this City has to have more public service aides. I know the union does not like for me to
make the statement that we get three PSA's for one police officer but its true. PSAs were developed by the
State of Florida for the purposes of writing reports and it is my understanding that a PSA can write any
report, except a capital crime. It is also said to me that 60 percent of a police officer's time is writing reports.
We have gone from four thousand reports by over a hundred PSA's. We're now down to 40 or 42 and we're
down to sixteen hundred reports by PSA's. And there's no question who's making up the difference. The
other 1400 reports are being done by police officers, who you and I would much prefer to be into the
neighborhoods preventing crime or addressing crime. I would like to see in this upcoming budget no less
than a hundred and fifty by the end of next year. By the end. OK. You can't hire that many ... and I
understand that. But to me, they are very, very important. We are blessed ... and God bless Carrie Meek for
what she has done for this City in the area of getting additional police officers. But I think we have to do
something in the area of PSA's. Mr. Mayor, that's the only comments that I have at this particular time.
Code Enforcement, as I say, has got to be addressing the issues. They've got to be respected. And they're
126 June 23, 1998
only going to be respected when they give their edict and their penalty that they mean it and there's not going
to be any of this override from two hundred and twenty thousand dollars recommended by the City Attorney
at twenty thousand and they turn it loose for for four thousand. I mean, it's a joke. It is absolutely a bad
joke. So I hope that that will straighten itself out. And, at that, Mr. Mayor, those are my comments at this
particular time.
Mayor Carollo: I think those are some very right to the point comments, Commissioner. But I do have one
question of you, if I may ask?
Vice Chairman Plummer: Sure.
Mayor Carollo: Who at the funeral home gives the Miami -Dade Business Review? I was impressed with
that.
Vice Chairman Plummer: Sir, I do. And the reason for it is, its a thing called probate of estates.
Mayor Carollo: OK. Commissioner Gort.
Commissioner Gort: I do have a question. You know, I've got a little problem in my neighborhood, which
is a specific corner. My understanding is, in talking to the NET administrator there, this individual, who's
not conducting business the way it should be conducted, blocking the sidewalk, blocking the streets. My
understanding is, this individual gets a fine every day. Yet, this individual's doing the same thing every day.
I mean, what do we do about this? You know, happens is...
Vice Chairman Plummer: They laugh at you.
Commissioner Gort: There's no respect for law and order. These people get fined. They continue to do the
business. They continue to do illegally all kinds of business in certain areas and they get fined and I don't
know what happens to those fines. Because ... I mean, there's supposed to be a five hundred dollar $500.00
fines. I don't know what business ... I don't know what business can carry that amount of fine every day and
still survive. I mean ... the Allapattah NET Administrators is aware of this because this is 14th
Avenue... Northwest 14th Avenue is heavily traveled by a lot of people going from north to south. Because
it goes all the way from North Miami to...all the way down to the Civic Center.
Vice Chairman Plummer: Is it blocking the intersection?
Commissioner Gort: They block the intersections. They've got boxes. They've got all kinds of illegal
dumping.
Vice Chairman Plummer: Why aren't the Police Department towing?
Commissioner Gort: Twenty-third Street, Northwest. But the idea is what J.L. was stating. This is not only
happening here but I think it's happening in a lot of the neighborhoods. People get fined. People continue to
do business illegally and nothing happens.
Vice Chairman Plummer: Mr. Dipak, how much do we have in the... of this particular Five -Year Plan for
lot clearance and demolition?
Mr. Parekh: That's in CDBG (Community Development Block Grant) funds.
Vice Chairman Plummer: Let me tell you something. I'm not talking about the previous City Manager but I
got ... my district was well into going about cleaning lots. Now, I understand we've had a standstill but I want
127 June 23, 1998
to make sure ... because I'll tell you, I have got some areas in my district ... you know, people look at my
district. They look at the high rises on Brickell and they look at the downtown. Well, my friend, let me tell
you something, I will take you out to Wynwood and I will show you some things in Wynwood that
absolutely are disgraceful. Disgraceful. I'll show you some areas off of Biscayne Boulevard, one block off
of Biscayne Boulevard. If you go along Northeast 2nd Avenue, and you can take every one of the streets
from 20th Street north and go over to the railroad tracks, on both sides it is absolutely filthy. It is dirty. It
is ... the trash hasn't been picked up ... I don't know when. They pick it up and it's back on the street again the
same day. The tires are in the streets. How much is in that budget?
Mr. Parekh: A hundred and fifty thousand, sir.
Vice Chairman Plummer: You know what, that wouldn't clean my district. It would clean half ofreele's
district, maybe. Because Teele has a worse problem than I do. Now, how do we go about putting more
money in the budget ... you know, what we're trying to do, as I understand it, is making the property owner
clean it up and if he doesn't, we'll do it for him and then we'll charge him and you know what that means,
OK. But I think, Mr. Mayor ... you know, we have two ugly scenarios in this city. One is drugs and the other
is garbage and trash. And I think a hundred and fifty thousand dollars is not even a drop in the bucket. And
I think, basically, we're talking seed money and I don't know how much more you can put into there for seed
money, but we've got to do something. I have got to clean my district and I'm going to clean it and I'm going
to clean it in spite of you.
Mayor Carollo: Commissioner Gort, any ... OK. Commissioner Sanchez.
Commissioner Sanchez: Mr. Dipak?
Mr. Parekh: Yes, sir.
Commissioner Sanchez: I'm very impressed with the package that you put together.
Mr. Parekh: Thank you, sir.
Commissioner Sanchez: I would ask... respectfully request that we study our operations and look at our
departments in the process of saving money, to see how much money we could save. And, basically, the
short time that I've been here, I've had the opportunity to look at some big companies and big businesses in
this city. They basically don't generate any ... much money for the community, so if we could look at those
companies and see if we could get revenue from them for the city and look at that. Now, the other thing that
I want to ask is, I looked at the Five -Year Plan book here and for 1999, I do not see the fire fee. Can you
explain that to me?
Mr. Parekh: Yes, sir. This particular option, which I have listed underneath, is basically, we have a fire fee
but its primarily utilized for capital improvements, basically for the Fire Department. What we have done in
fiscal year'99, we're now requesting any additional fees to be put forth on the twent,*four dollars ($24.00),
which we already levied. That means that for next fiscal year, there will still be that twentyfour dollars
($24.00) fee continuance but nothing coming to the general fund. What you do see in year 2000, in order to
balance the budget from 2000 to 2003, certain options have been put forth. One of them is to increase the
fire fee, basically, doubling the fire fee from twenty-four dollars ($24.00) to forty-eight dollars ($48.00).
Commissioner Sanchez: OK. Now, let me ask you ... and I want you to be very honest with me. Is this plan
that we have, is this going to get us up to speed? In other words, are we going to be raising the money that
we need to effectively run a City government every year or in five years, are we going to get to the point we
want to get to and have money spared, saved away for a recovery ... a quick recovery in our government?
128 June 23, 1998
Mr. Parekh: That's a great question, sir. 1 don't think I could just answer it in one sentence. However, there
are several components to the City's budget. One of them is just basically doing the dayto-day operations of
the City, i.e., are providing services for police, sanitation, fire rescue and so on. On the other side of the
coin, as you mentioned earlier, was the issue of management recovery. Management recovery has different
facets. One of them is the strategic plan for the entire City of Miami. Then permeating right through several
or all the different departments here. In a sense, what we're trying to do or we should be doing is right sizing
the different departments. We should be asking ourselves the question, are we ready to provide this
particular service at this particular cost or is it better to make decisions, either to privatize certain operations.
But that would have to come before the City Commission. I think, in my opinion, that a lot of work needs
to be done on that particular side. We're just starting at the infancy. And I think by next fiscal year ... I think
by the end of fiscal year'99, I think we should have certain documents or certain packages ready and I think
the Commission needs to be intricately involved in that particular process.
Commissioner Sanchez: Very well answered. The other question ... I don't think that ... there's been a lot of
departments that are really sacrificing themselves, making a commitment to the stability of the City and that
would be the Police Department and the Fire Department and the other departments. I would be one that
would not agree to go into their retirement and then trying to get money from them. But once again, I want
to make it very clear that we should do as much as we can so we could look at all these departments and see
how much money we could save because, I'll tell you this much, I will not be up here supporting raising the
fire fees again or creating any fees and that's where I stand as of today. Thank you.
Mr. Parekh: Thank you, sir.
Mayor Carollo: Commissioner Teele.
Commissioner Teele: Thank you Mr. Mayor. Mr. Mayor, I'd like very much to try to understand from the
Manager exactly what we're trying ... what the management vision and what we're trying to accomplish. I
had really hoped that you would give a little preview or a little bit ... because it's not only for us but it's for the
public. This is the Five -Year Plan that the board of directors must approve and I think I would be remiss if I
didn't ask you, at least, to give us a three to four minute statement as to what it...what the management
objectives are and what it is you're trying to accomplish, particularly in the next year or this coming year of
the Five -Year Plan.
Mr. Donald Warshaw (Acting City Manager): Well, Commissioner, let me start off by telling you, if you
look at my memo dated June the 22nd and attached to that is a memo from the Budget Director to me,
bringing me up-to-date. Now, obviously, as the Police Chief, I've been involved in the formulation of the
Five -Year Plan as it relates to police service. But as it relates to the entire City's budget now, I wanted to see
a picture of what the budget looked like, in light of the fact that on July the 6th, we have a commitment to
the Oversight board to present a Five -Year Plan. That's right around the corner. Dipak shared with me ... and
you can see on page 61 of your book ... some of the deficits, starting with fiscal year'99, going through the
year 2003. And some of those anticipated initiatives, including revenue generation that will hopefully give
us a balanced picture through the year 2003, which is a requirement of the Oversight Board. Let me also tell
you that the Mayor and I attended the Estimating Conference and there were some deadlines, particularly, as
it related to the strategic and operational plans of the City, the management initiatives that were due back in
May and the Estimating Conference had some concerns that these things hadn't been done. So, in reality,
I'm seeing a lot of what you're seeing for the first time within the last 48 hours and the reason for this
meeting, I would think, and for the workshop that's going to occur on the 30th, is to go through some of
these initiatives, go through some of these revenue generating initiatives so you get a picture about exactly
where we stand and what it is we're facing, especially in the out years.
Commissioner Teele: Three points, if I may, Mr. Manager? And thank you very much. I think it's very,
very important, if the ... what we call the core initiatives, are very, very clear and understood. And I'm
129 June 23, 1998
particularly interested why most of the core initiatives that this Commission had voted on had been
withdrawn. I call your attention to one of the core initiatives that Commissioner Plummer just gave a
five ... three minute soliloquy on, which you I fully support and agree, cleaning up of this city. That was a
core initiative. It has been withdrawn ... in the current plan. It has been withdrawn from this plan. And I...
really believe that there are five Commissioners up here, Mr. Manager, who fully support everything that
J.L. Plummer says, even more so than he's saying it. Because I commend Commissioner Plummer. I caught
him in my district last week driving around and I told him he was on the wrong side of the railroad tracks.
Vice Chairman Plummer: But I gave you a green card, so don't worry about it.
Commissioner Teele: But the fact is, is that when you drive around this City ... you know, there is very, very
little more than where the rubber hits the road for elected Commissioners ... and I would call your attention to
the fact, Mr. Manager, that all five of us are elected. There is no more rubber hitting the road than dirty
streets. And that is something that the smartest constituent or the constituent who may not have any
education or the richest constituent or the poorest constituent that votes cannot understand why can't you get
our streets clean. And I think it's going to be much more difficult over the next three or four months, as I've
discussed with the Mayor, than it is going to be easy. But I think we've got to keep that as a core initiative.
And if I'm wrong, would you show me where it is in the book?
Mr. Warshaw: I'm going to ask Dipak to answer that but I want to tell you, Commissioner ... and I've been
here for ... this is my 27th year with the City. I've been very outspoken about cleanliness in the city as it
interfaces with quality of life and police work. And I can tell you, I'm committed to cleaning up the city,
whether it's in the core initiatives or not. And it's something that I have very high priority for, so you're not
going to get an argument from me.
Commissioner Teele: Which number of the core initiative is this, Mr. Dipak? Because it's been withdrawn
as I read it.
Mr. Dipak: Sir, if you take a look at page 5.
Commissioner Teele: You've got 18 core initiatives there in that section and that has been deleted.
Mr. Dipak: If you look at...
Vice Chairman Plummer: Would you yield for one minute?
Commissioner Teele: I'll be happy to.
Vice Chairman Plummer: Mr. Manager, the point I want to try to make to you, when I said a few minutes
ago, one of the best programs that we've had was the NET offices, OK. That I think they need revising. I
think they need to be looked at very seriously for changes and let me tell you why I'm saying that. I took it
upon myself to spend my time and my money and my gas and my staff to go out and do what I think code
inspectors and inspectors of the NET offices should be doing. I went out and I wrote almost 150 memos
relating to dirty lots, abandoned automobiles, houses that should be torn down. Where are the NET people?
And I'm saying is, that if we're going to get this place cleaned up, we have got to get Code Enforcement,
we've got to get the NET offices to get off their ... and move and get it done. I've got, right now, almost 80
memos that have not been answered and I understand, because of transition problems, that's why. But I
want to tell you, I'm going to start writing them again. But why do I, a City Commissioner, have to go out in
my car, ride the district and do what we're paying people to do? Now, you can say, well, we're a little short
on personnel. You know, it's very hard for me to understand that when I go into a NET office and I see
people sitting around doing nothing, OK. You know. And we're going to get into eventually theNRO's
(Neighborhood Resource Offices). The NRO's, you have what, about three policemen in every NET office.
130 June 23, 1998
Mr. Warshaw: Two.
Vice Chairman Plummer: Two. A lieutenant and another one.
Mr. Warshaw: A lieutenant and two NRO's.
Vice Chairman Plummer: OK. Well, whatever it is. All right. But Grand Avenue doesn't see them.
Florida Avenue doesn't see them. Persavil Avenue doesn't see them. And drugs are absolutely out of
control. So I'm saying that ... you know, I'm not picking on you because, let me tell you...
Mr. Warshaw: I understand.
Vice Chairman Plummer: Mr. Combo, you have done one hell of a good job. Unfortunately, the 900 arrests
you talk about is only half of what needs to be done. So I'm bringing it out. I thank you, Mr. Teele.
Commissioner Teele: If I may regain my time. Mr. Dipak, just show me the language...
Mr. Parekh: Yes, sir. Basically, what you have is in Chapter 2...
Commissioner Teele: I've read Chapter 2.
Mr. Parekh: OK.
Commissioner Teele: Just show me the language. The previous chapter...
Mr. Parekh: You're looking for the clean up and beautification program?
Commissioner Teele: I'm looking for the...
Mr. Parekh: OK. That particular point is not here.
Commissioner Teele: Well, let just say this, Mr. Manager. Unless the Commission or the Mayor is saying
withdraw items from the core initiatives, I would request that all of the core initiatives that we have reviewed
and discussed be reincorporated in here. That core initiative was a specific core initiative. It was called, I
believe, the Mayor's Beautification Plan. But you don't have to call it the Mayor's, if he doesn't want it. But
we need to have...
Mr. Warshaw: Tell him.
Mr. Parekh: OK. Basically, the reason for that because the City —although it's a core initiative, I understand
that ... and if you want ... let me.
Commissioner Teele: It's not a core initiative.
Mr. Parekh: You need to let me finish too, sir.
Vice Chairman Plummer: No, no, no. You don't need to interrupt the Commissioner.
Mr. Parekh: OK.
Mayor Carollo: Gentleman, gentleman. Commissioner...
131 June 23, 1998
Commissioner Teele: Mr. Mayor, look, there are 18 core initiatives here, OK. The previous plan had 21
core initiatives. This core initiative has been dropped and what I'm suggesting to the Manager, respectfully,
is that unless the Mayor of the City has asked that a core initiative be dropped or the Commission is
dropping it, then I would expect that they would all be retained in here and if the Mayor is asking that a core
initiative be dropped, then I would specifically ask that you submit it to the Commission and let us discuss it,
let us vote on it, and let us decide. And I used only the issue that Commission Plummer has raised of trash
cleaning as an example of a core initiative that was in the plan, that has been dropped. That's not my issue. I
fully agree with you and would go even further on that, but there were three points, Mr. Manager, that I was
trying to make. The core initiatives, the existing core initiatives, in my judgment, should be continued
unless they are being dropped and those that are being dropped, I think you should apprise us of what they
are since we're the ones who voted on them. In other words, I take the position that the Commission, once it
votes on something, can only have its decision rescinded, not by the Manager or the Budget Officer, but by
the Commission voting to rescind it. Number two, the budget, as outlined on page 61 and
I ... Mr ... Commissioner Sanchez has commended you, Mr. Dipak, so I will not quarrel with him on this issue.
But I want to know one thing. Is this budget balanced for next year?
Mr. Parekh: For'99, yes, if the Commission passes the plan.
Commissioner Teele: And what are the contingencies that require... because, see, we got into this trick with
the unions. We've gotten into this thing before. What are the things that we've got to do to insure that this
budget is balanced? What are the assumptions that are being built in here? You know, this is a so-called the
Devil's in the details.
Vice Chairman Plummer: It's called prayer.
Commissioner Teele: What are the assumptions that are built in here that we've got to act upon for this
budget to be balanced, based upon reoccurring revenue?
Mr. Parekh: In terms for fiscal year'99, there are no additional fees contemplated to be passed by the City
Commission. However, it should be known that will are certain parameters or revisions or initiatives which
had been shown up on page 61. In terms of contingency, item ... notes number C, there includes a State
mandated reserve of four point three ... four point three six million dollars ($4,360,000.00) for fiscal year
1999 onwards to 2003.
Vice Chairman Plummer: You know, Dipak.
Mr. Parekh: Yes, sir.
Vice Chairman Plummer: Mr. Mayor, if I may?
Mayor Carollo: Go ahead.
Vice Chairman Plummer: We got to be honest. Let me ask the question again. Is there anything in this
initiative that has got to be proved... approved to make this budget in balance?
Mr. Parekh: For fiscal year'99, if we look at the...
Vice Chairman Plummer: That's what I said,'99.
Mr. Parekh: Yes. If we look at the revision initiatives, the major portion, as a balancing act, is going to be
the discussion of Off -Street Parking. That's one of the items.
132 June 23, 1998
Vice Chairman Plummer: That's one of them. Go ahead.
Mr. Parekh: The other items is the issues of Law Enforcement Trust Fund in the amount of one point eight
million dollars ($1,800,000.00), again, for this fiscal year coming up.
Vice Chairman Plummer: Keep dropping down.
Mr. Parekh: Law Enforcement Block Grant, which is a Federal grant, which we have received once before
and once for this fiscal year, the final round coming up is at three point two five million dollars
($3,250,000), unless a new round specifically comes up for fiscal year 2000 onwards. However, there are
some changes which you should know about. I ... cutting back in Capital Improvement Fund, from the
General Fund meaning, by one million dollars ($1,000,000). Secondly, City contingency, apart from what
the state has mandated, the City had originally seven hundred and fifty thousand dollars ($750,000) as a
contingency. That has been cut by half a million dollars ($500,000). So the only amount the City will have
in terms of a contingency is two hundred and fifty thousand dollars ($250,000) over a budget of two hundred
and eight million dollars ($280,000,000).
Vice Chairman Plummer: I think you need to also put on the record, which was misunderstood at the
beginning...
Mayor Carollo: Excuse me, Commissioner. I apologize. I believe the contingency for'99 has only been cut
by two hundred and fifty thousand. That's five hundred thousand.
Mr. Parekh: No. It's been cut by half a million, sir.
Mayor Carollo: Well, from...
Mr. Parekh: From seven fifty.
Commissioner Teele: Seven fifty.
Mayor Carollo: Yeah, from seven fifty before.
Mr. Parekh: Right.
Mayor Carollo: OK. That's correct.
Vice Chairman Plummer: I think you need to put on the record... because I misunderstood it at first and
others reading this without an explanation might be the same. Am I interrupting someone? I'm sorry.
Commissioner Regalado: Yes everybody.
Vice Chairman Plummer: I'll wait. I'm sorry. You all sit there and hesitate.
Commissioner Teele: Well ... well...
Commissioner Gort: We're thinking.
Commissioner Teele: It's interesting, Commissioner ... and I'm ... this is a learning process for all of us but
you ... I asked the question and get one answer. You ask it and get a different answer. So please feel free to
help me at any point because, I mean, really I am trying to get the facts on the table here. Because I think
133 June 23, 1998
the problem that the City of Miami has had that has gotten us into this mess is the fact that we're hearing too
many different answers to the same question, Mr. Manager, you know. And I don't want to go into that. But
I've been burnt already in terms of saying somebody's budget overrun; having the Manager to say it's not,
then to come back and say that it is. And, I mean, you know it goes back and forth. I want you to just
clarify the statements that you have made to the Manager, Mr. Director, where you said its your fiduciary
duty to inform the City that an ongoing budgetary problem of between 16 and 30 million dollars
($30,000,000) has yet to be resolved. Now, can I take it from your testimony thus far that you've resolved
that problem?
Mr. Parekh: Based upon the Five -Year Plan which is submitted to you.
Commissioner Teele: So it's resolved?
Mr. Parekh: Well, if the Commission does not pass any of these options, then obviously it's not balanced.
Commissioner Teele: Well, that was my question before. What are the options ... you told me we didn't have
to do anything. But what are the options that we have to pass to solve the 16 million dollars
($16,000,000)... 16 to thirty million dollars ($30,000,000) problem which you have properly and correctly
pointed out to the Manager but not to us?
Mr. Parekh: Well, in the Five -Year Plan book, sir, page 61, shows you exactly that the problem for fiscal
year'99 is fifteen point nine million dollars ($15,900,000) and if you go all the way through 2003, there is
still a problem of twenty-nine point three million dollars ($29,300,000). What you have underneath it is a
series of initiatives and revisions on projections, which takes into account new property tax information,
information regarding the police grant, which we're getting from the Federal government, which is assisting
the City of Miami, as well as other components.
Commissioner Teele: Yes, sir.
Mr. Parekh: After that, there are some initiatives, which definitely the City Commission will have to
discuss, debate and...
Commissioner Teele: Where are they?
Mr. Parekh: They're basically under the options category, which is fire fee and garbage fee for fiscal year
2000 to 2003.
Commissioner Teele: Are you referring to this as assumptions now?
Mr. Parekh: They're basically assumptions on the Five -Year Plan, sir.
Commissioner Teele: OK, so your assumption is assuming what?
Mr. Parekh: We are assuming for fiscal year'99 that number one, if you're looking into proactive decisions,
which the City Commission needs to make, one, Off -Street Parking issue has to be resolved before the end
of this fiscal year.
Commissioner Gort: Right.
Commissioner Teele: Let me ask it this way. Are there any assumptions, based on this budget, that relate to
the fire fee and the garbage fee that have not been acted upon by the Commission?
134 June 23, 1998
Mr. Parekh: For fiscal year 2000 onward, yes. And that's put under options on page 61.
Mr. Warshaw: It's at the bottom of the chart.
Commissioner Teele: I understand. That's where I'm reading it from. Because I'm trying to just get him to
just learn to say what's on this paper without us having to pick it out of him.
Mr. Parekh: Well, the... Commissioner, I mean, you see assumptions put in clearly over there.
Commissioner Teele: Yeah, but the public doesn't see that and what I'm saying is, those are some pretty big
policy assumptions.
Mr. Parekh: Absolutely.
Commissioner Teele: ... that the Commissioners need to know ... I mean, I'll vote for something that's going to
be reasonable and effective but I've been burnt once with a Commission that said five to zero, that we're
going to do something, only to get down to the masses and we do something different. And I think, if you're
building this in, you need to say it to the Commission now so we don't go through that charade of going to
the Oversight Board because when the Commissioners vote on this, they're voting on these assumptions, as
well, that are built in here.
Mr. Parekh: Agreed. But the question he had asked me earlier, sir, was on fiscal year '99, where the
assumptions for the fire fee and garbage fee is zero. However, for fiscal year ... if the question was for 2000
to 2003, definitely the assumptions for the fire fee is that we'll have to double it from twentyfour dollars
($24) to forty-eight dollars ($48), of which half will be earmarked...
Commissioner Teele: Say that again. From twenty-four...
Mr. Parekh: To forty-eight.
Commissioner Teele: To forty-eight.
Mr. Parekh: Which, again, has been put on page 61.
Commissioner Teele: I understand. I see it. But...
Mr. Parekh: Yeah. And then also for the garbage fee, sir...
Commissioner Teele: Yeah, but...
Mr. Parekh: That we will have to increase it by a further twenty-eight dollars ($28), which will net the City
approximately one point seven five million, but the total rate will definitely go up from 188, which you see
today, to two hundred and twelve dollars ($212).
Commissioner Teele: In that assumption?
Mr. Parekh: That is an assumption.
Mayor Carollo: If I may, Commissioner. If I could take a couple of minutes. Commissioner Plummer, you
have the gavel.
Vice Chairman Plummer: I got it.
135 June 23, 1998
Mayor Carollo: You're both saying the same thing, just in different ways. But if I could bring something
else to light. As you see in this budget that's presented, 1999, there is no fire or garbage fee increase. There
is a small garbage fee increase and fire fee increase beginning the year 2000 that goes into the year 2003.
However, if you read below the options, below the assumptions, under notes, in B, any additional recurring
revenues could be used to offset future fire, solid waste, fee increases. I think that we all work together as a
team, like we did to get the City out of its worst financial crisis ever that we had in last year and the year
before, where we had some seventy million dollars ($70,000,000) in deficit, if we work as a team as we did
then, before we get to the year 2000 and have to have this slight increase in fees, we could resolve that. I
feel very confident that could happen. And this is why we made a trim for 1999, even though I might add
that we still need for each one of us to be thinking between now and the next time we meet for a final
approval of this budget, thinking of additional ideas that each one of us might have on where to bring
additional recurring revenue into this budget and, particularly, for 1999. Thank you.
Commissioner Teele: Thank you, Mr. Mayor. Mr. Mayor, I'm not at all upset. What I want to do is
establish, at least from my point of view, a sense of integrity regarding our budget process as we go forward
to the Oversight Board. I was appointed to represent the Commission. I did. Until the problem with the fire
fee. And I think the biggest problem that we have here is that the Commission needs to be very clear when
we vote on something, that we mean it. Otherwise, you know, we are participating in the shell game that
goes on. If this Commission does not support increasing the fire fee or increasing the garbage fee, at least it
ought to be discussed in that context. Now, you know, I would urge every Commissioner to support the plan
based upon that issue, saying... it's on the record. That's something we got to vote on in another year. We're
not voting on it this year but I think what we've got to start being is intellectually honest with each other so
that we're not misleading one another by saying that we're not going to raise the garbage fee or we're not.
That's what this plan says we're going to do. Now, I have some ... a whole other set of concerns particularly
relating to the reoccurring revenue, which Commissioner Plummer started his discussion out with. This
Commission voted in ... three months ago —two months ago instructing the Manager to do exactly what
Commissioner Plummer talked about when he first discussed reoccurring revenue and I believe that a
second ... an additional core initiative needs to be added that really talks about what we said we voted we
want to do and that is, we need to get hard nosed about enforcing the appraisal as it relates to the assessment
of properties in the City of Miami. The constitutional officer, who has responsibility for appraisal, has no
latitude and we can complain, we can talk about it. All we've got to do is spend fifty thousand dollars
($50,000) to go out here and hire an expert and go down the line, figure out where the buildings are not
being properly appraised —and, remember, the motion was, it limited to commercial property because there
was some concern that Commissioners had about, you know, really opening the can of worms as it relates to
residential. Happened in Hialeah. The property appraiser doesn't have latitude. He must appraise or assess
property at the full value and what the vignette that Commissioner Plummer gave was one that we discussed
three months ago. We instructed the Manager to go forward and let's get a consultant and let's be prepared,
Mr. Attorney, to go to the Cabinet and challenge the County's appraisal... assessments as it relates to the City
of Miami. There were estimates. One person estimated in Park West alone. Remember, I talked about this
in the context of the CRA, that we were losing something like three million dollars ($3,000,000).
Vice Chairman Plummer: Easily.
Commissioner Teele: In just Park West, where we've got a negative cash flow in the tax increment district.
City-wide on commercial property. The issue of the ... the Bass Brothers or whoever came in and bought the
property for two hundred million dollars ($200,000,000) over and above a hundred million dollars
($100,000,000) over and above. A hundred million dollars ($100,000,000) of assessed value is how much
money?
Mr. Parekh: Ten million.
136 June 23, 1998
Commissioner Teele: Huh?
Mr. Parekh: Ten million.
Commissioner Teele: It's ten million dollars ($10,000,000). Our cut on that has got to be two million
dollars ($2,000,000) or whatever the number is. I think it's one million, not ten million. But, you know, a
million here ... as Everette Dirkson used to say, a million here and a million there and pretty soon you're
talking about real money.
Vice Chairman Plummer: No, big money.
Commissioner Teele: The fact of the matter is, Mr. Manager, I really believe that we need to get serious
about this. This is the easiest money that we can find and that is, to go out here and make a high core
initiative and a priority to increase the reoccurring revenues by complying with the State Florida con ... the
Florida State Constitution. And I would respectfully urge you to look at this and let's be prepared to do it.
And let's don't do it as a blind side, as a sneak attack on the County. Let's do it in conjunction with the
County. Let's go ahead and do it. But it's to our interest to get those dollars because when you look at
Brickell, when you look at Park West, when you look at downtown, when you look at some of the other
commercial areas, maybe even in the Grove, there are literally tens of thousands of dollars, millions of
dollars laying around that we're just letting slip out the door. So I want to urge you, Mr. Manager, to
consider that again as a core initiative. Now, going back to the third and final point that I had in this regard
is, the fifteen million dollars ($15,000,000) that we're showing here on the difference. The terminology goes
back and forth. Our interlocal agreement requires that we present a budget that is balanced with reoccurring
dollars to reoccurring expenses. Does this budget, as presented, represent for the five years ... for the five
years, a reoccurring budget with a view ... now, I'm talking now about an exit strategy from the interlocal
agreement, OK. And that is, does this budget, if presented, will that allow us to engage in an exit strategy in
having met our obligations for two consecutive years, assuming the current budget is balanced and the
Five -Year Plan that we present? Because, as I read it, it's a two prong test. It's two years of balanced
budget, plus a Five -Year Plan. And I want someone to tell me that this Five -Year Plan will meet the four
corners of the Interlocal Agreement that we've entered into with the Oversight Board for '99, 2000, 2001,
two, three and whatever the ... I guess its through three.
Mr. Parekh: Right.
Mr. Warshaw: I'll give you a conditional answer. The answer is, yes, providing that number one, the
Commission passes this budget plan in concept. And number two, that the provisions for the revenues that
are committed to are either met in accordance with the way they're spelled out, namely the fire fee and the
garbage fee or, as the Mayor pointed out in the footnote, that there are other sources of revenue made and
the Oversight Board accepts, you know, that we have the option of reaching out and finding those other
revenue sources in lieu of the fire fee and the garbage fee. And we're going to have to present this on the 6th
of July and the Oversight Board is going to have to look at this and determine whether or not they feel it's
realistic.
Mayor Carollo: If I may, Commissioner Teele. And Commissioner Plummer still has the gavel. On page
71 and 72, if we could turn to that. We have a schedule of recurring and non -recurring revenues and
expenditures with a balanced budget. Here your question is best answered. We've increased the percentage
of recurring revenue to the City of Miami from this fiscal year to 103.10 percent in fiscal year 1999. Mind
you, we had to have by our contract with the State 100 percent recurring revenue. Nineteen ninetynine,
next fiscal year is 103.10 percent. Year 2000 is 103.85 percent. The year 2001 its 104.34 percent. Year
2002 it's 104.49 percent. In year 2003 it's 104.48 percent.
Vice Chairman Plummer: Yeah. But I think where we're missing ... I don't think anybody sitting here is of
137 June 23, 1998
the assumption that five years down the road we're going to be paying the same tipping fees for getting rid of
garbage as we are today. It just doesn't stand to reason. In the last 10 years or last five years, how much has
it gone up? Huh? I can remember when I sat here and talked about six dollar ($6.00) tipping fees and today
it's what, fifty.
Mr. Parekh: Fifty-four.
Vice Chairman Plummer: Fift),four.
Mayor Carollo: But, Commissioner, in all frankness, the tipping fees have been going down. However, the
only reason we're paying those high fees is because of the poor management policies that were placed upon
this City back then and the poor advice, in all frankness, that was given to the Commission at the time.
Today, and Commissioner Teele knows this area well. We can go out into the private sector, if we had that
ability, and get tipping fees of high twenties to mid thirties and we're paying fortyfive dollars ($45) if we
take it directly to the main County plan. If we don't, then it's fiftyfour dollars ($54).
Vice Chairman Plummer: Mr. Mayor, I think you've missed my point.
Mayor Carollo: I haven't and you're right.
Vice Chairman Plummer: My point in the garbage fee is, that it's not going to remain constant. Regardless
of where we take it or how we dispose of it, there's going to be annual increases and what you're showing
here is across the five-year span, that there is no increase or decrease. And my opinion is, that in five years
your tipping fee, whether you go with a bad supported management/administration or you go with a County
or wherever you go, in my opinion there's going to be an increase annually or almost annually in tipping
fees.
Mayor Carollo: But by the contract that we have with Dade County government now, Mr. Budget Director,
when is the earliest that they could consider increasing their scales on the tipping fee on the City of Miami?
Vice Chairman Plummer: Yesterday.
Mr. Parekh: I believe, sir, they can do it now.
Mayor Carollo: They can do it now. Now...
Vice Chairman Plummer: You see, that's ... Mr. Mayor, that's the problem.
Mayor Carollo: Well ... and your point is well -taken. But, at the same time, if in the private sector today, we
could get it at such a cheaper rate, from the high twenties to the mid thirties and we're paying them 45 direct,
54 non -direct, I think it would stand to reason that we could come to a fair disposition of this, that at least for
this period, it would stay the same because ... I mean, how much can they take us to the cleaners,
Commissioner?
Vice Chairman Plummer: Mr. Mayor, I have heard numbers and I'm not a garbage expert. But I have heard
numbers that it could go in five years, up to ninety dollars ($90) a ton. Now, the point I'm just trying to
make, when you speak about a balance, as Teele did, a balance throughout the five years, I don't think that it
makes good sense to say that it's constant across the five years and there's not going to be an increase. I just
don't know of anything around this world today that's going down, except the value of the dollar.
Everything else is going up. Everything.
Mr. Parekh: Commissioner, if I may add. In the previous ordinance under the Solid Waste Chapter 22, you
138 June 23, 1998
had a section which stated that if the tipping fees were increased, our fee structure could have an increase by
that similar amount to recoup the costs. That was, I think, basically taken out. And it could be revisited by
the City Commission again.
Vice Chairman Plummer: Well, I think to be realistic it's got to be understood whether it's through that
nomenclature or something else, that ... you know, if it is increased and a tremendous... you know, let's
remember one other factor. We cannot argue with the County. We have to use the County facility unless
they give us the right to go elsewhere, which they're not going to do again because they've got to payoff the
bonds or that "boom doggle" that they've put out in the Everglades that isn't working. And if we take our
garbage away ... and that was a reluctance before, they're not going to have enough money to pay off the
bonds of that "boom doggle" that never worked. And I assure you, that because of that, in my opinion, that
thing is going to continue to go up because that facility out there is not doing anything but going down.
Commissioner Teele: Commissioner, if I may.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Teele: I want to complete my ... look, I asked a simple question, Mr. Manager, Mr. Dipak. I
just want an assurance to the extent from a professional, that the budget we're submitting, the fiveyear
element, notwithstanding the fact that we're showing a sixteen million dollar ($16,000,000) difference this
year and in the fifth year, it's increasing to twent}Lnine, thirty million dollars ($30,000,000). I understand
the budget solutions that are proposed but I want to be very clear that you believe this budget will get us
through the Interlocal Agreement requirement to submit a budget that has two consecutive years, which is
not at issue here, and a Five -Year Plan and ... and they wanted also a capital plan, which I won't even go into
now. That this meets the four corners of the Interlocal Agreement.
Mr. Parekh: Yes, it does. And I would like to refer you to page 69, 70, after revisions and initiatives and
options are not included in the Five -Year Plan. And if they are passed, according to what the Administration
has proposed on page 71 and 72, meets those tests.
Commissioner Teele: All right. I'll conclude, Mr. Mayor, Mr. Chairman, by asking the Manager if you
would just let tick off about four things that I have concerns about and would ask you to revisit them.
Number one, the whole area of garbage and solid waste is an area that I really believe cries out for more
financial support in really just understanding where we are. And this is sort of a moving target. The Mayor,
I know, has a full appreciation for the seriousness of the problem. I don't have a lot of the confidence in the
numbers for a lot of reasons. Not because of you or the budget process but because of what's happening in
the market place. When we pass the ordinance tightening up, there's going to be a big spike in the amount of
illegal garbage, a big spike in certain areas, that Commissioner Plummer talked about in trash. I also think
there's going to be corresponding spike in terms of the collections. I would be willing to bet you that, if you
put on a graph right now the historical collections, month by month, for the last two years, within ... you're
going to see major spikes... increases in those collections for the next three to four months. And I don't think
we have a good base anymore to deal with it. I don't think that you've included anything relating to
recycling, which we've got legislation that's being worked upon but the recycling legislation will also create
an increase spike in the garbage. All that I'm saying is, I don't think the models are right now. I don't think
we could do a good job of forecasting because I think we're in the midst of a major transition in this whole
area and I think we need, Mr. Manager, a working group or consultant or whatever to work with us to
quantify that. Otherwise, it could get out of control going in either direction. I think the result is going to be
that you're going to see more revenue coming in at the end of a year than we're calculating now but I think,
in the short term, we're going to see more costs going out the door. So I would ask you to look very closely
at that. I think the area of Empowerment Zone should also be addressed in the Five -Year Plan. If nothing
more than acknowledgment that the Commission is serious about working with the County on the area.
There's no reference to the Empowerment Zone and I think if...I may stand corrected. Is there a reference to
139 June 23, 1998
the Empowerment Zone? But if we're going to commit all these resources and people and working groups, I
think it's important that the Five Year Plan really be an accurate reflection as to what our priorities are and
where our efforts are going to be. I couldn't agree more ... and I apologize for continuing to agree with
Commissioner Plummer. But I couldn't agree more with Commissioner Plummer when he talked about the
NET offices. Look, Chief, in a way, having you as Manager could be a blessing because I think, particularly
in the area of NET, if we're not careful, we're going to get into a real problem and the problem is the
problem that you have seen in your professional tenure when you let a major stay somewhere too long or
when you have the kinds of ups and downs that we have with the resources. In other words, the NET offices
are all over the place. The salaries are crazy. They don't make sense.
Mr. Warshaw: I agree.
Commissioner Teele: We got people running huge NET offices, making less money than people that have,
you know, politically sensitive NET offices. We've got NET offices that have no solid waste or no
inspectors and others having three. And this Commission has voted. We've passed resolutions. We've said,
NET is number one priority. Don't hire anybody. Don't do anything until you get the NET stuff straight,
you know. That was 30...45 days ago. Nothing's happened. And I really do believe that we should make a
structuring and a long term plan of the NET office, if you will, a part of what we're doing. I think NET
offices should have a term of...like in the military, a tour of duty, if you will, you know. And the problem is
going to be Commissioners on one hand. It's going to be the public on the other. But I think, if we're not
careful, the NET office is something that can get out of control and it's something that should not get out of
control. And what we need is standards. We need continuity and we need the NET offices to have the
flexibility. Notwithstanding, you know, my recall for a little bit of discipline in the NET process but right
now it's all over the board.
Mr. Warshaw: I agree with you a hundred percent, Commissioner. It's the highest of the highest priority.
Commissioner Teele: But I think it should be a core ... I'm urging that you make the NET structuring a core
initiative. I'm very concerned to understand what the union feedback has been on the Five -Year Plan. We
have an agreement with the unions to raise revenues and to do things that were done before I got here. I'm
very, very interested in trying to ensure that the unions don't have a sign -off on this, per se, but I really
would encourage you, between now and the 30th, to have met with the unions. The area of this plan that I'm
most impressed with, Mr. Manager, is the whole area of human resources. The only new work that I've been
able to see... obviously, the budget office and the finance office have had to do a lot just to get the numbers to
come in and 1, too, commend you, Mr. Dipak, in terms of getting this before us in the man....
Mr. Parekh: I really appreciate that, sir.
Commissioner Teele: Yeah, I do. And I say that sincerely. But there's...
Mr. Parekh: I mean it sincerely too.
Vice Chairman Plummer: No raise.
Commissioner Teele: No raise. It's doing your job. But the area where we've seen some changes and some
initiative is in the area of the human, which is very last ... I think the very last organizational development
stuff. I think we don't have enough money. On the other hand, listening to what the Mayor and you all just
talked about, the two hundred and fifty thousand dollar ($250,000) contingency, I don't see where we can
put anymore in it. But I'm very impressed that we're finally making a commitment to begin a training
program where, I would note, that we're talking about almost five thousand participants in training in terms
of skill writing and grammar. That's so important. Particularly, as we do our Welfare -To -Work, computer
concepts and application and on and on and on.
140 June 23, 1998
Mr. Warshaw: I might add that's about to begin in about three weeks, with every employee in the City
receiving diversity and ethics training, as well as sexual harassment training, grammar, advanced computer,
leadership and management training so we can fast track employees into a micdmanagement position. And
that's through the institute of government that you approved at the last Commission meeting.
Commissioner Teele: At FIU.
Mr. Warshaw: Right.
Commissioner Teele: And I commend you. I sincerely commend you because I really think that the
solution to our long-term budget problem is the same as municipalities are finding out all over the country is
not to get bigger but to get smaller and to have a higher trained, more productive work force. My hope is
that we will be able to have every employee in this city that is computer literate and that is able ... to be able to
function on computers and we can really, you know, work with the Systems Management people but the
Internet is an amazing way to do a lot of things and we've got offices that are involved in that. I specifically
commend you, Mr. Manager, on that area. Because that's one of the few areas where we had a specific core
initiative in the previous year that have been ... has been moved forward. I want to express my deep concerns
about the areas that we have not moved on. Specifically, the areas related to identifying more land that can
be moved into the (CLUC (County Land Usage Code) 90) process and I would specifically ask the City
Attorney how we're working on this. One of the problems that I see with the plan, even though in the basic
management review, those organizational reviews, the City Attorney's Office is not even listed. And see,
this is the issue that has always given me concern. In the form of government that we're in now, Mr.
Manager, Mr. Attorney and Mr. Clerk, you guys are going to get left out if you're not careful. Your offices
are. And you all have got a way in on this process because I don't think no Commissioner should be looking
out for your interests on these things, but the Clerk's ... the City Attorneys Office, which was specifically
asked to be fast tracked on the management... what did we call that? It's mandated.
Mr. Alejandro Vilarello (City Attorney): Operational Planning.
Commissioner Teele: On the Strategic and Operational Plans are not, at all, even listed. Finally, in that
regard, I would like to non concur with the initiatives contained on page 19. Again, I think what we're
looking at is how do we do things faster, not how do we build bigger bureaucracies and, specifically, as it
relates to initiative, coordinating with a single agency, single reporting structure, the economic development
activities, I want, Mr. Manager, to specifically non -concur with you on that, to ask that that be withdrawn. I
think what we need is a coordination process but we don't need a single chain of command and reporting
structure. We need to have the people like Miami Capital that are out there supposedly doing loans, doing
loans. We need to have the micro loan program brought on line. We need to have an Empowerment Zone.
The Empowerment Zone process needs to be brought on line. We need to have the CRA (Community
Redevelopment Agency) functioning. We need to have the Community Development but what we don't
need is a single chain of command on this. We need a single coordination process. You know, this flies in
the face of everything the governments are trying to do, which is decentralize and get a little bit more
expertise and focus and I, specifically, would non concur on that matter. There are a number of other areas,
Mr. Manager, that I want to discuss with you one on one, but I do think that, overall, if you could move the
priorities that have already been agreed on, unless there are ones you want to take out, I think the NET
office, the Empowerment Zone are important and I specifically think that it's important that we try to make
the time on this and I would ask that we forward this to the Oversight Board on time, with an understanding,
Mr. Mayor, that we would like an opportunity to continue to review it and submit a final at that time. But I
don't know if you plan to forward the draft as -is, pretty much, which I would urge you to do, so that we
could meet our timetable, with the understanding that we're going to continue to do it ... to edit it. But it's
your call. But I think it's important that we try to meet our timetable. Thank you.
141 June 23, 1998
Mayor Carollo: Thank you. I fully concur with that. And that is my intention, that we meet the
self-imposed timetable that we gave the Oversight Board of July the 6th. That's why we're going to meet
again on the 30th. Gives the Commission another week to be able to sit down with the staff ...June 30th,
Tuesday, 10 a.m. It's a conflict with you or? OK. So that gives enough time for each of you to meet with
staff. I would hope that you'll make enough time available to be able to meet with the budget director, the
Manager, and other additional members of the staff to answer your questions. And, like I stated before, any
additional ideas that any of you might have for recurring revenue, we need that. This is a joint effort and
they're ... they are no single stars on this team. You know, it has to be a joint effort. Commissioner.
Commissioner Regalado: Thank you very much, Mr. Mayor. Mr. Director, if I were writing a story for
tomorrow's paper and I have to write the headline, the headline will be...
Commissioner Teele: Hey, let those guys do their homework.
Commissioner Regalado: No. But, you know, I am sure...
Mayor Carollo: Now, the radio ain't enough. Now he wants to do the newspaper too.
Commissioner Regalado: I ... well, I do. I do. I got to make a living.
Vice Chairman Plummer: Thank God for your wife.
Commissioner Regalado: Yeah. Well, that's true. If I were to write a headline, I would take this memo that
is, of course, public record and I will say, Miami faces thirty million dollar ($30,000,000) budget deficit.
Would I be correct?
Mr. Parekh: If you look at the year 2003, absolutely, if you do not pass the revisions and initiatives for City
of Miami. Yes, sir.
Commissioner Regalado: Well, the problem that I see here is that, if we...you know, if we listen to all that
was discussed here, we'll find that we don't have a ... for next year, a thirty million problem.
Mr. Parekh: Commissioner, if you look at basically page 61 or the attachment to it...
Commissioner Regalado: No, no, I've looked at it.
Mr. Parkeh: You look at 15...
Commissioner Regalado: But I have several questions, Dipak.
Mr. Parekh: Yes, sir.
Commissioner Regalado: Why is the thirty million? Did we not made an agreement for thirteen million
dollars ($13,000,000) with the ... the pension plan?
Mr. Parekh: That's rolled into fiscal year '99, sir. And with that, we still have a fifteen point nine million
dollar ($15,900,000) problem.
Commissioner Regalado: Right. We still have what?
Mr. Parekh: Even with rolling in thirteen point one million dollars ($13,100,000) with the settlement of
Gates, with GESE (General Employees and Sanitation Employees), we still have a fifteen point nine million
142 June 23, 1998
dollar ($15,900,000) problem.
Commissioner Regalado: Right. But not a thirty million dollars ($30,000,000)?
Mr. Parekh: No. The budget status, which I gave to the City Manager, it indicated a status of the five years.
If you look at the deficit for fiscal year 1999, it's fifteen point nine. It goes to seventeen point seven, then
twenty-three point five, twenty-seven point four, and then twenty-nine point three million dollars
($29,300,000). And what I want to make the Commission aware ... and I think that's a very interesting debate
and I think we should have it. Is that we have a serious concern and unless we raise revenues, recurring
revenues or actually make operational efficiencies within City of Miami, these problems will continue. So
regardless of having a balanced budget or a recurring or non -recurring, the many other ideas and initiatives,
what the City needs to undertake, won't be able to undertake.
Commissioner Regalado: But ... excuse me. Do we need the add backs of twelve point five million dollars
($12,500,000)? Is that part of the sixty million dollar ($60,000,000) deficit for next year? The twelve
million dollar ($12,000,000)...
Mr. Parekh: Yes, but...
Commissioner Regalado: So that's in theory?
Mr. Parekh: No, sir. Let me...
Commissioner Regalado: Excuse me. You recommended in the...
Mr. Parekh: ... explain that.
Commissioner Regalado: You recommended in the workshop some money and then, after what you
recommended, you added twelve million dollars ($12,000,000), is that correct?
Mr. Parekh: Can you redefine your question?
Commissioner Regalado: Yeah. In the workshop for the different departments, you made several
recommendations to hire additional people.
Mr. Parekh: Yes, sir.
Commissioner Regalado: And then you, after that you added twelve million dollars ($12,000,000) more.
Mr. Parekh: Well, prior to the budget hearings, which were held on 18th, 19th and 20th of May...
Commissioner Regalado: Correct.
Mr. Parekh: ... the City had a sixteen point five million dollar ($16,500,000) deficit from our side.
Commissioner Regalado: Right.
Mr. Parekh: Now, Department requests...
Commissioner Regalado: Thirty million dollars ($30,000,000) from the GESE settlement(General
Employees and Sanitation Employees.
143 June 23, 1998
Mr. Parekh: Yes, sir. But the Departments themselves had requested fort.N-four point six million dollars
($44,600,000) in terms of add backs or initiatives or pure operations. Hypothetically, for example, if we
didn't put down one million dollars ($1,000,000) for the Parks and Recreation Department, their summer
program would be null and void. You wouldn't have a summer program for next fiscal year. The similar
issue goes on solid waste. If we did not put one point one million dollars ($1,100,000) back into the Solid
Waste Department, the beautification program would be gone. If you did not put back roughly six hundred
thousand dollars ($600,000) in, for example, the IT Division, the management report, which just came out
today, which you have before you, would still be in violation of that particular report. Half a million dollars
($500,000) also went in the Finance Department. This is an ongoing issue. So we got couple of ways of
dealing with it. One way is basically not fund anybody and then, as Commissioner Teele... as I'm looking at
you, sir ... I decided, if we're going to be intellectually honest, you're going to have these problems next fiscal
year. The issue is, do we take care of it right now or do we muddle through next fiscal year and suddenly all
hell breaks loose and suddenly we have to come back within three months to find other initiatives.
Commissioner Regalado: To me ... but it's just that ... to me it seems ... you know, I am not a budget expert, so I
can't deal with every line but to me a simple person ... if I read this memo, which is public record, I will find it
very upsetting that the City, after we said to the residents of Miami, that, you know, the crisis is over. Now,
that the City is facing a thirty million dollars ($30,000,000) deficit ... and I understand what you're saying.
And I will tell you that I will not favor at all raising the fire fee in the year 2000 and I will say on the record
and I will say it here again, but what I'm saying, Mr. Director, is that in theory, in theory, we have a major
crisis and what is the solution to that? More fees?
Mr. Parekh: Commissioner?
Commissioner Regalado: More taxes?
Mr. Parekh: I'm not in favor of taxes but, as a budget director, I think we have a fiduciary duty that you
should have a balanced budget. You should have a...
Commissioner Regalado: You should have a balanced budget if you add ... for instance, did we pay for fire
equipment for about two million dollars ($2,000,000) that we are supposed to get back from the Fire
Department? This is not here.
Mr. Parekh: No, that's for this fiscal year, sir.
Commissioner Regalado: OK.
Mr. Parekh: Not for next fiscal year.
Commissioner Regalado: OK. But it isn't shown.
Mr. Parekh: No. Sir, we're dealing with fiscal year budget 1999 to 2003.
Commissioner Regalado: Excuse me. But this is part of the whole budget process. Did we get already the
two million dollars ($2,000,000)? We have not.
Mr. Parekh: No, we have not.
Commissioner Regalado: That's what I'm saying. What I'm...you know, I would like very much to have
more detailed information and I hope that you can explain to me some of these numbers because I really,
you know, do not understand some of this in theory expenses. And, you know, weeks ago we approved here
a project in Brickell that is going to bring only those two buildings and I hope that they will be built by
144 June 23, 1998
the ... they say by early 2000, they're will be with a occupational license. Well, those two buildings alone will
bring two million nine hundred thousand dollars ($2,900,000) in property taxes to the City of Miami.
Mr. Parekh: I concur with you, sir, on that.
Commissioner Regalado: And ... but it isn't here.
Mr. Parekh: It is here.
Commissioner Regalado: No.
Mr. Parekh: Yes, sir.
Commissioner Regalado: I will show you.
Mr. Parekh: Under...
Commissioner Regalado: How about ... if you add ... I have a list of the projects that this Commission
approved. If you add the Ritz Hotel, those two towers and the other projects that this Commission has
approved and they will be ready for the year 2000. There more than seven million dollars ($7,000,000).
Maybe even eight, nine million dollars ($9,000,000). That money...
Vice Chairman Plummer: Two thousand and one.
Commissioner Regalado: No.
Vice Chairman Plummer: Yes.
Commissioner Regalado: J.L...
Vice Chairman Plummer: It's got to be on line and they're smart. It's got to be on line, what, January the 1 st?
And if it's not on line January 1 st, they get another year delay.
Mr. Parekh: Right.
Vice Chairman Plummer: So that's where you've got to be careful.
Commissioner Regalado: Anyway, I would...
Mr. Parekh: Commissioner, I'll sit down with you and I think we need to sit and talk about this, but the
expenses are real. You have overruns in many departments, which you need to fund. For example, the City
is still paying bills outstanding two years ago and we need to get away from that particular habit. One way
or the other, all ... everything will be paid and it's a question of time. And I don't think we should keep on
foregoing paying bills and that's where the major issues are, OK, if you believe that there are some hard
decisions which would have to be made. Do we require a summer program? Should we basically provide
services to our children in this poor community? And it is a poor community. And I think that's a decision
for the Commission to take.
Commissioner Regalado: Well, excuse me. Excuse me. I fought here for thirtyfour thousand dollars
($34,000.00) for the Parks Department to run the Day Care Center in the last budget. And the Parks
Department opened the pools last Saturday, two days before the County did and the City of Miami is having,
for the first time, the first program for children with disability in the summer camp program. This
145 June 23, 1998
Commission approved this and it's been budgeted in the next year or two
Mr. Parekh: That's part of the one million dollars ($1,000,000), sir, yes.
Commissioner Regalado: So I will tell you that, you know, that we're not abandoning the children or
anything. I mean, it is the responsibility of the City.
Mr. Parekh: I agree.
Vice Chairman Plummer: All right. What else do we need to talk about. I'm sorry.
Mayor Carollo: If I may, Commissioner, while you still have the gavel. The one thing that this City cannot
and will not do is to contemplate what I read that our neighboring City of Miami Beach was talking about
the possibility of studying when they recently found out that they have a fourteen million one hundred
thousand dollars ($14,100,000) projected deficit for their next fiscal year and that is to form our own county.
That's one option that we don't have. Now, without getting...
Vice Chairman Plummer: Why not?
Mayor Carollo: ... involved in the reasons why they have their deficits or anything else, that's Miami Beach's
problem. I do have, I think, a responsibility to clear up the deficits that the Budget Director brought out.
The deficit, as it stood on June 1 st for 1999, the fiscal year 1999, was fifteen million nine hundred and two
thousand one sixty-four. The only reason that it wasn't up to some twenty-nine million or so was the fact
that the dollars from the Gates settlement case came in; otherwise, it would have been higher. But by fiscal
year 2003, the estimates, as the Budget Director put them forward, was twentynine million two hundred and
eighty-six thousand five hundred and six dollars ($29,286,506). By...
Commissioner Regalado: Mr. Mayor... excuse... excuse me. If I...
Mayor Carollo: If I could finish, Mr. Commissioner, I'd appreciate it.
Commissioner Regalado: No, it's just a question for you because I know you work on the budget. The
sixteen million dollars ($16,000,000) deficit was before we reached the agreement with the Gates case, is
that correct?
Mayor Carollo: Mr. Budget Director, if you could explain to him again.
Mr. Parekh: Commissioner, prior to the budget hearings, the City had on the suggested side a deficit of
sixteen point five million. If we funded all the different initiatives which the department would have come
up, you would have had a defi...
Commissioner Regalado: No, no. What I asked the Mayor... because I know the Mayor knows the
budget ... is, before the Gates settlement, did we have sixteen million dollars ($16,000,000) and then...
Mr. Parekh: Before the Gates settlement?
Commissioner Regalado: Yes.
Mr. Parekh: Definitely sixteen point five.
Commissioner Regalado: Then we had thirteen million dollars ($13,000,000). Then the deficit was three
million dollars ($3,000,000).
146 June 23, 1998
Mr. Parekh: Yeah. But then you also had, after the budget hearings, twelve point five million dollar
($12,500,000)put in so - whichever way you look at it.
Commissioner Regalado: OK. And the wish list...and the wish list goes on.
Vice Chairman Plummer: And it just continues.
Mayor Carollo: No, no, no, no, not the wish list. From the fort),one million on the high side, to the sixteen
point five million ... what the Budget Director is saying is, that there was only an additional twelve million or
so that was added that brought it up to some twent),nine million dollars ($29,000,000), not to forty. -one
million dollars ($41,000,000). OK. If we would have gone all the way to forty-one million dollars
($41,000,000), we won't be talking about a balanced budget for 1999. And these were add-ons that were
made prior to June 1st, for the record. Now, you know, to be intellectually honest, as everyone has been
stating. I guess I'll join everyone else in that. The budget that we're looking at here is a very realistically
conservative budget. If you look at what we have done in this budget ... when I say we, I'm talking about all
of us, City of Miami ... we haven't brought in any fire fee or garbage fee increase for 1999. We still have the
lowest garbage fee of anywhere in this county. For the year 2000, 2001, 2002, 2003, the increase is minimal
that we included for a fire fee and a garbage fee. I fully hope that we, between now and then, the year 2000,
by all of us working together, can bring sufficient recurring revenues so there will not be any kind of
increase. But we're not going to accomplish that by just saying, I'm not voting for any new fee without
going out there and actively working in bringing new recurring revenues. Now, the past year and a half or
so, Commissioner, you've done a good job in suggesting one idea of a flea market in Virginia Key and
bringing some reoccurring revenues that way. Hopefully, we could soon see what that's going to bring in.
Commissioner Regalado: No, Mr. Mayor. The flea market was not the only idea.
Mayor Carollo: Oh, OK. Well, see, you could bring some additional ideas that could bring in some
reoccurring revenues. And this is what I'm saying, Commissioner, that we all need to do. We need to come
up with ideas, you and I and everyone else here, that will bring in the dollars that we need. For instance, let
me go onto the record. I think this is important to point out, so the public could understand just how much
we have worked in this and just how realistic all this City's heading out. In the year 2003, if we were to have
in the year 2003 the slight fire fee and garbage fee increases, it would come to six million twentythree
thousand, nine hundred and thirty-eight dollars ($6,023,938), but we're having a projected surplus that year
of five million four hundred and forty thousand nine hundred and thirtysix dollars ($5,440,936). On top of
the state mandated reserves of four million three hundred and sixty thousand dollars ($4,360,000) and on top
of the seven hundred and fifty thousand dollars ($750,000) City contingency. So, in effect, you know, we
could be home free, even without an increase that year, just as we are now. But that's not how we need to
run a city, that close to the border. In year 2002, you have the same increase of six million almost
twenty-four thousand. We're having reserves of some five million three hundred and seventynine thousand
plus dollars. In year 2001 the reserves are three million nine hundred and fourteen thousand dollars
($3,914,000) almost. In year 2000, one million seven hundred and eighty two thousand dollars ($1,782,000)
almost. Now, if we add the surpluses rather ... and that's what I was saying ... and on these five years in this
Five -Year Plan, you have surpluses of over sixteen million dollars ($16,000,000) on top of these state
mandated reserves of four million three hundred and sixty million dollars ($4,360,000) annually and the
seven hundred and fifty thousand that we're going to be having the City contingency from year 2000 and
2003. Just to give you an idea without getting into too many specifics of things that we have not put down
here because we don't have ... and we need to have a guarantee to give to the state Oversight Board before we
could put it down but things that are very realistically that we could expect from year 2000 and beyond.
We're not including the Law Enforcement Block Grant of three million two hundred and fifty thousand.
And the reason that we're not is because we can't give them the guarantee of having that, but every
indication that we've got in from Washington... and, as you know, I've been up there twice recently ... is that
147 June 23, 1998
they're going to keep this Block Grant by either by same name or another name but those dollars should
keep coming. So, as you see, what we've given here is very conservative but the City of Miami, by all of us
working as a team, is going to be in good shape but, nevertheless, if we don't approve additional recurring
revenues, like the ones that we have here, we do have a problem then. And if I may add one area that is
problematic in this budget ... and this Commission has to bite the bullet and take action on it, this fiscal year
has to do with the Off -Street Parking Authority. The Off -Street Parking Authority, beginning with next
fiscal year, we have it down for two million one hundred and ninetyfive thousand dollars ($2,195,000). At
the end of fiscal year 2003, it's up to three million seven hundred ... let me see if I'm...it's about three million
four hundred and forty-five thousand dollars ($3,445,000) approximately. The only way that we're going to
be able to bring that kind of money in by the end of the fifth year is by fully bringing the Off Street Parking
Authority under the direction of this City government. Because, otherwise, with the kind of supervision,
with the kind of management that you've had in that Authority, we're never going to make that. And let me
explain to you why I'm saying this. The average downtime on parking meters ... thafs the average downtime
the meters are down in the city...in Tampa, it's point two percent per meter, per year. In Coral Gables it's
point one percent. In Jacksonville, they're really off, two percent. Miami, 13 percent. These are numbers
that I want the administration to verify if they are correct or not. And these are statistics that are pretty
up-to-date. At the same time, the average revenue per meter per year in Coral Gables... statistics that I've
been able to acquire... is some five hundred and eight eight dollars ($588.00) per meter per year. Tampa is
five hundred and sixty-two per meter per year. Jacksonville, three hundred and sixty per meter per year.
The national average for a medium sized city, like Miami, is approximately six hundred and nine per meter
per year. You know how much it's in the City of Miami, Commissioner? Two hundred and eighty five
dollars ($285). So, with this kind of operation, there is no way that if we do not bring it under the arm of the
City for this City to supervise it, to run it, that we're going to be able to bring those kind of dollars, no matter
what promise we get. Furthermore, let me go historically what has happened. Approximately 10 years ago,
the total revenues that was coming in in the parking system was approximately thirteen million dollars
($13,000,000) total profit available for debt service. Excuse me. Approximately thirteen million dollars
($13,000,000) total revenue and the total profit available for debt service was about three point seven million
dollars ($3,700,000). From the best information that I have of 1996, the total revenue dropped from 10
years before, from thirteen million to ten point three million and the total profit available for debt service
dropped significantly from the three point seven million that it was. So these are the things that we need to
address because if the parking authority is run as a business should be and we take it under the City of
Miami, it could easily bring in five to six million dollars ($6,000,000)a year. And that's five to six million
dollars ($6,000,000) a year that we do not have to charge a penny on fees or taxes to any citizen. These are
the kind of things, Commissioner, that we all need to work on together so that this city, not only will have
healthy surpluses, but that we could lower fees and taxes.
Vice Chairman Plummer: OK. We're going to meet on the 30th, I guess. I don't know what for. I guess we
did it all today but we'll meet again on the 30th for this issue at 1 Oth a.m. Charlie, can you hold until then or
do you need a burning comment?
Mr. Charlie Cox: Yes.
Vice Chairman Plummer: Quickly. No, not you, Boom -Boom.
Mr. Manuel Gonzalez-Goenaga: The idea...
Vice Chairman Plummer: No, Charlie, he takes precedence.
Mr. Charlie Cox: Charlie Cox. President of Local 1907. You know me. I'm a plain talker. It's time for
plain talk and real numbers. It's time to tell the truth about what's happening. It is important not only for the
employees, but for the future of the City as well. There is not enough revenue in the budget. That is plain
and simple. The Mayor and Commissioners brought in Mr. Stierheim, who brought in all kinds of experts
148 June 23, 1998
and established a plan in November of 1996, that the Commission approved. The plan included raising
twenty-five million in a fire fee for fiscal year and twenty-eight million for the next fiscal year. The Budget
Department has taken some bold steps in this budget but you cannot give up twentytfive million in one year
and twenty-eight million in the next year and expect to survive. We were willing to make concessions
because it would make things better in the long run and because it was the right thing to do. The City
promised, in return, that it would raise revenues but now you're choosing not to do so. I have only had the
City's budget for three hours but it shows a deficit of four point two million for fiscal year 2000. This is
counting the thirteen million dollars ($13,000,000.00) savings from Gates hasn't even passed yet. The judge
will have to approve it. What if he doesn't? Merrett Stierheim said there must be financial reserves and the
City must have them. There is no reserves in this budget. In 1996 the City came to the employees and
asked for help in saving the City. We gave it. I was willing personally, as Union President, to take the
political risk. Tough times required tough choices and tough people. All the unions gave concessions to the
City. In return the City agreed to raise its fair share of revenues. It hasn't done so. We have filed
grievances that we intend to take to arbitration. If we win, it will cost the City millions. Where is the money
going to come from? I'm not telling you that you need to pass a fire rescue fee. I'm just telling you that you
need to raise more money.
Vice Chairman Plummer: Thank you, Charlie.
Mr. Cox: When ... not yet. When Mayor Suarez was in office, he said the City didn't have financial
problems. We didn't think that was correct and said so. Mayor Suarez' solution was to lay off five hundred
employees. We showed this Commission how down ... downsized we were already were in GSA. Where
was he going to get the five hundred employees from? Earlier today there was a discussion about selling a
park. Our newest Commissioner, Commissioner Sanchez, stated that he doesn't want to sell the park
because there aren't enough parks in the city. He's right. A city must be able to provide parks for its
children. However, most of these parks aren't even manned or maintained because they're not enough
employees to provide services. So we can hold onto our parks and not provide any programs for our
children. If we can be fair to our children, let's all go home. I'm tired of the employees being blamed for not
getting work done, when they don't have the tools or equipment to work with. There are police cars that
need to be fixed but we don't even have parts. Even if we had the parts, there would not be enough
employees to fix the cars. The general employees are down by over seven hundred in the last 10 years. We
can't even maintain our buildings and our parks with the number of employees that we have. You don't give
us the tools or the people to do the work and then you blame us when the work doesn't get done. You have
nobody to blame but yourselves. When the services that the people need aren't being done, you'll privatize
our work. Remember the Stierheim report, which you approved, said that before you would privatize, we'd
be given a fair share to compete. By not raising the revenues that is needed, you are on a downward course
toward privatization and putting a thousand people on welfare and cost the City million more. If it's not in
the budget now, where will you find the money? A private company will have the tools, manpower and
parts to work with. You will be stuck with the bill. You can't keep playing the shell game you're playing
with employees' lives. Earlier today Commissioner Plummer spoke about studying other cities that have
done away with civil service. We're not like other cities. Civil service is the employees' only protection
from the City's misdeeds and employment. You talk about doing away with civil service but every time
personnel management gets a promotional exam, there's a lawsuit, which the City loses. I'm the only union
that has a provision that loser pays in arbitration. If there is no civil service system, we will take everything
to arbitration and you will end up paying more to arbitrators.
Vice Chairman Plummer: That's not a true statement but go ahead. That's not a true statement but go ahead.
Mr. Cox: We need civil service because the City is incapable of making promotions and punishing people
in a fair and equitable manner. Just last week the Civil Service Board found that the Police Department had
completely manipulated the promotional process to deprive two longterm workers of their right to a
promotion. Nothing happened to the members of management who did this to these women. If the women
149 June 23, 1998
had done something similar, they would have been fired. Through these ... through this financial crisis, my
union has done everything it can do to work with the City. Why should I continue do so when the City
engages in the following improper actions? The Charter limits the number of unclassified employees in
each department. The City is way over the permissible number. Yet, it keeps hiring more and more
unclassified employees. The plan seems to be to do away with classified employees and to make this a city
of unclassified employees. There are no competitive exams for unclassified positions. The City
Administration will be able to hire whoever they want, regardless of qualifications. Recently, we won two
arbitrations out of conferences and conventions. For years employees were not even paid their hourly rate
and they weren't paid overtime. The arbitrator ruled that they must be paid overtime. The City's response to
this grievance was to take the hard-working, dedicated employees and prohibit them from working at the
Conference and Convention Center. Instead of these employees, the City has allowed Gregg Wright to hire
his brother. The City management is now engaged in a program of changing evaluations. It is clear to me
that the City is looking for excuses to get rid of the employees and not fill the budgeted positions to save the
City money. This is now affecting long-term, dedicated, hard working civil service employees. The same
employees who came through for the City when the City needed help. We cannot have less people than we
already have. When the problems arose, all the union presidents were willing to take the political heat to do
what was right. I've waited a year and a half for you to do the same. I told you at the beginning, it was time
for plain talk and tough choices. You must show the political will and make a tough choice of raising
sufficient revenues.
Vice Chairman Plummer: Thank you, sir. We'll now...
Mayor Carollo: Charlie? If I may, to the presiding Chair. I would hope that you will meet with the Acting
City Manager to address some of those concerns because I don't think, in the last three weeks, since he's
been Acting City Manager, that any of that could be pointed at him, so I would hope that you could all meet
and that you begin to try to resolve some of the issues, whether real or perception, that you mentioned here.
Thank you.
Vice Chairman Plummer: All right. We will meet again on this subject.
Commissioner Gort: Mr. Chairman, Mr. Chairman. Excuse me. You know, this is...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: This is a public hearing. It's on television. The press is here and all that. We talk
about the sales of the park, like ... I like for the people to go see the park that we talked about today. The park
is located ... if s a piece of land right next to the building, an old fire station ... ifs almost deteriorated ... on
Miami Avenue, northeast. I mean, North Miami Avenue on 14th Street. Right on the corner.
Vice Chairman Plummer: North Miami. Fire Station 2.
Commissioner Sanchez: Mr. Gort?
Commissioner Gort: I'd like for the people to go by and look at it.
Vice Chairman Plummer: OK.
Commissioner Sanchez: Mr. Gort? I have something to say on that. On the park, where I did not have the
opportunity to go visit the park but on the resolution it said a mini park.
Vice Chairman Plummer: And I was amazed to see that.
150 June 23, 1998
Commissioner Sanchez: It is a park that's in bad condition but, in the resolution, I want to clearly state that it
said a mini park.
Vice Chairman Plummer: And, Mr. Sanchez, sir, your theory was absolutely correct for parks.
Unfortunately, whoever put the terminology and called that a mini park was not sober. We'll not discuss,
Tony, anymore on this, all right, please, until the 301th.
Mr. Tony Rodriguez: Commissioner, I'll be very brief. I mean, I think I should at least...
Vice Chairman Plummer: What's brief, a minute?
Mr. Rodriguez: No, very brief you know me, I'm brief. I'm not...
Vice Chairman Plummer: That's true. Go. But you're the last one.
Mr. Goenaga: No. One minute.
Vice Chairman Plummer: You're the last one. We're going to continue it until the 30th of June.
Mr. Ricardo Ruiz: Mr. Plummer, I'm a home owner and I came here ... I couldn't be here at two o'clock,
when I should have been here for a public hearing on zoning and I'm here. I'm hearing the discussions. I've
been here before arguing the same issue that the union.
Vice Chairman Plummer: Sir.
Mr. Ruiz: And we don't have a chance to speak.
Vice Chairman Plummer: Sir, you will have that chance on the 30th of June at a special Commission
meeting.
Mr. Ruiz: Are you going to do it after five o'clock?
Vice Chairman Plummer: No, sir, we're doing it at 10 a.m. in the morning.
Mr. Ruiz: You know, we're home owners. We work for a living.
Vice Chairman Plummer: All right.
Mr. Ruiz: That's not fair to us and I've argued that constantly. We, as home owners, have ... you know, have
to get off our jobs to come here and argue points. Like right now, the union was able to be here and discuss
a bunch of things to you ... tell point of view.
Vice Chairman Plummer: All right, all right. Sir, how much time do you need?
Mr. Ruiz: Two minutes.
Vice Chairman Plummer: All right, fine. You got one. You got two. Go.
Mr. Rodriguez: Thank you, Commissioner, Mr. Mayor. Tony Rodriguez, Miami FOP (Fraternal Order of
Police). I just got the report today as well, so I haven't had a lot of time to go over it. I'll probably have
more comments on the 30th. Couple of brief comments. The issue ofbenchmarking in this report, I think
you should be aware of that. You should be careful with that. We're clearly not in support of that. One of
151 June 23, 1998
the major disagreement points that the prior City Manager and I had was specifically regarding
benchm rking. He brought up the idea of giving wage increases or step increases to officers based on
benchmarking and on the performance that they do. That's totally unacceptable. It's ludicrous and it
clearly ... it opens the door for the good ole boy type of syndrome from before. That's number one. Number
two, the recurring revenues. You've heard me talk about it before. Charlie got into it. I think you know
how I feel about that. But most importantly you've heard me talk here a number of times about the process.
I want to talk about that again and that's the management process. And, Mr. Manager, you know, this is
really directed towards you more than anything. I think we need to look at the process at the management
level. I'm talking about the infrastructure. And I totally agree with you, Commissioner Teele. I think that's
where you're really going to look at, some of the real financial positive moves and savings in the City. You
need to look at things like NET directors, who the NET directors are, how much they're getting paid, what
the process is. A clear chain of command at a management level. I can tell you that, in the Police
Department, regardless of who's in charge or what's going on, we're ready to respond to any emergency,
anything that comes up, like this. Because there's a process. There's a chain of command. There's an
infrastructure that's there to deal with any crisis that comes up. I think we need that in City management.
Once we have that, you're going to see some of the results that you need to have here. You're going to see
some of the real financial and smart fiscal decisions that need to be made. Prudent decisions. We need clear
lines of responsibility. So, Mr. Manager, more towards you and, of course, as my Chief as well, I think you
need ... you got a tough job ahead of you and you need to look at that and you need to make some tough
decisions and some changes. Once you correct, at the City Manager's level, the infrastructure and have a
process for some clear delegation of responsibility, some clear chains of command, then I think you're going
to see some positive changes. And that's really ... I'd like to see that as a core initiative.
Vice Chairman Plummer: Last speaker.
Mr. Rodriguez: Thank you.
Vice Chairman Plummer: For the record, your name and mailing address.
Mr. Ruiz: My name is Ricardo Ruiz. I live at 3150 Southwest 15th Street. I live in the area of —that's called
Coral Gate Park and I've been here before and, basically, I spoke to you about we, the people. We're the
ones that get stuck...
Vice Chairman Plummer: Sir, you live on 15th Street?
Mr. Ruiz: Yes, sir.
Vice Chairman Plummer: And what Avenue?
Mr. Ruiz: Thirty-one fifty Southwest 15th Street?
Vice Chairman Plummer: You're not Coral Gate.
Mr. Ruiz: I am Coral Gate Park.
Vice Chairman Plummer: You're out ... oh, you're outside of Coral Gate.
Mr. Ruiz: I'll show you the map where I live.
Vice Chairman Plummer: You don't have to show it to me.
Mr. Ruiz: I have it right here.
152 June 23, 1998
Vice Chairman Plummer: You're almost in Woodlawn?
Mr. Ruiz: Right.
Vice Chairman Plummer: And that I know well.
Mr. Ruiz: Right. In other words, we're ... in fact, we were almost dead one day when they tried to take my
home. The issue is that we're the ones that get stuck with the bill. My property taxes keep on going up. Not
mine, all of us in the city, our property taxes continue to go up. Our services sometimes do not —are not on
even par with the money we pay. Right now you go to my neighborhood and you're going to find that 32nd
Avenue is a mess. It's a mess. And the NET offices, we keep on calling them. We keep on calling the
Manager's office. We keep on trying to get them to solve our problems. The Mayor was out with us. He
went out and looked at our neighborhood. And it's continuously ... and it gets worse. The reason I was here
was for the PZ (Planning and Zoning) meeting and I was here to realistically argue against it, that why
should we continue to give more commercial when... we're... they're not realistically looking after the
residential area that's still there and it's very strong and we're putting a lot of money into our homes and all
we see is degradation, illegal units, trucks all over the place. The answer that I got today from the NET
office is that the trucks could be there; that that's public rightof--way, and we have to live with it. That's
unfair.
Vice Chairman Plummer: That's not a true statement.
Mr. Ruiz: That's unfair. Well, that's what they told me today, OK. And, like that, I could give you more
and more but the issue is that we're the one that are ... that come out to pay. The union said that they have
contractual agreements and they have all this. We have no contractual or have been sitting in any union
meeting again with the Manager to be able to discuss how much or how little our taxes could be. We're hit
with it. We're hit with it. We could only come here to express ourselves and this is our forum. They have
all kinds of other opportunities and they discuss of how much they should get paid or not get paid but the
issue is that we get stuck with the bill. We, the home owners. And it gets to a point ... like right now, you
know, you come to our neighborhoods. What do we get? You're going to see lights off; you're going see
streets that are dirty; the garbage truck that dumps stuff in the middle of my home that, when you get to my
house, you could smell the garbage. For what reason they do this? And, again, your NET offices are not
responding. The graffiti. It's constant. I'm constantly fighting the graffiti in my neighborhood on 16th
Street. You know ... so, in other words... it ... the ... what I would really want you to understand is the
equivalence in payment. If the unions are saying that they deserve all this, well, look at us. What would we
deserve? We, the people. We're the people who live there. We should not be taxed more. We should not
be given more twenty-four dollars ($24), like that twenty-four dollar ($24) deal that we're getting now and
all the other payments that we're going to get. The issue about parking meters. If that's an issue, take it that
way. But the ... us. Permit fees. Double the permit fees. How much are we paying for permit fees more than
two years ago? We're paying double that. We want to get a simple permit fee for our home. We have to
pay lot more than we ever did. So the issue is that we are paying. What are we getting back?
Vice Chairman Plummer: Thank you sir. I think, if you have sat through these hearings today, you've had
heard expressions by different Commissioners that are expressing the same views that you are. And we will
be addressing that, hopefully, on the 30th. I'll close this portion of the hearing.
Mr. Goenaga: One minute. I have the same right that everybody has.
Vice Chairman Plummer: Boom -Boom, 60 seconds.
Mr. Goenaga: Sixty seconds. Well...
153 June 23, 1998
Vice Chairman Plummer: Put the clock on.
Mr. Goenaga: In the defi... I am just start to define what is budgeting. let's go to first day class, first grade.
Budgeting, my dear Commissioners, is the art practiced by bureaucratic magicians.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: Issue number one. Issue number two. Any fool, including me, can balance a budget ... any
budget on paper. And I will give my reasoning when I am allowed to speak, not here ... I am not interested to
speak to Martha Flores.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: There, I don't even have four hours or one minute.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: I hope you understand what I'm trying to say.
Vice Chairman Plummer: I never do but...
Mr. Goenaga: This is the place, not Martha Flores.
Vice Chairman Plummer: I have one question, Mr. Combo. Of the garbage companies that have the
dumpsters, are ... they're out of Broward County, do they pay our fee?
Mr. Warshaw: I don't know the answer to that, Commissioner.
Vice Chairman Plummer: Well, would you check with the Fire Chief because he's using one at the fire
college that's out of Broward County and I want to make sure that company is paying our 20 percent
garbage fee, but at the college it's not. Mr. Mayor, with your permission, I would like to bring up this item
in relation to the Off -Street Parking.
Commissioner Teele: Be ... before you do.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: May I ask one question...
Vice Chairman Plummer: Sure.
Commissioner Teele: ...that I forgot to ask? What is our current millage rate?
Vice Chairman Plummer: Nine point five nine nine five.
Commissioner Teele: Nine point...
Vice Chairman Plummer: Five nine nine five. And it has been for eight years.
Mr. Warshaw: Eight years.
154 June 23, 1998
Commissioner Teele: And what does this budget propose our millage rate will be?
Mr. Parekh: Same.
Vice Chairman Plummer: Same.
Mr. Parekh: The same millage rate at 9.5995.
Commissioner Teele: In other words, we're not going to go to the roll back rate?
Mr. Parekh: No, sir.
Vice Chairman Plummer: No. All right.
[AT THIS POINT COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: This decision was made for the record and selection by the City Attorney, who
was asked to come back with a recommendation. Is there a motion? Hello?
Commissioner Gort: I move it.
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: Regalado.
Commissioner Gort: Discussion.
Vice Chairman Plummer: Under discussion.
Commissioner Gort: My understanding is, no bond issue can take place without coming in front of this
Commission and this has to be approved by this Commission.
Vice Chairman Plummer: Absolutely.
Commissioner Gort: at the same time, Mr. Cook, you have a responsibility...a lot of questions been asked
here and statement has been made comparison of your department with the national standards and I think
you ... you going to have some explanation to come back with, to answer some of those questions.
Mr. Clark Cook: I will be delighted to do that.
Commissioner Gort: At the same time, my understanding is, you and your board supposed to get together
with each one of us and the Managers and the Mayor and us of the plans that you had and the revenues that
you think can produce for the City.
Mr. Cook: Correct.
155 June 23, 1998
Vice Chairman Plummer: Mr. Mayor so indicated earlier in today, I have got to leave.
Mayor Carollo: Can you wait just one minute, Commissioner, if you would?
Vice Chairman Plummer: My customers don't wait.
Mayor Carollo: Well, maybe this one ... Mr. Cook, on the refinancing of the bond issues, which bond issues
are you talking about that are going to be refinanced and for what amount?
Mr. Cook: We only have two bond issues, one at thirteen million, one at three million. Both of them would
be refinanced into a twenty-five million dollar ($25,000,000) bond issue. What we would do,
Commissioner ... excuse me, Mayor ... is provide ... all we want to do with the attorney is work out the legal
language to do that and then we bring it back to this Commission. We can do nothing with it. But if I can't
work it out, I can't tell the ... give the Commission an option of a revenue stream versus what you had talked
about earlier. I need to be able to give you at least an option between those two areas.
Mayor Carollo: Well, that's why I'm asking the question because I want to make it very clear what we're
doing here. So the one thing that I want to be absolutely clear is that we are not going to be in favor of any
corporate poison pill, where, if we go out and bringing out an additional garage for a new bond issue of
some eleven million dollars ($11,000,000), that is going to make it almost next to impossible to be worth our
while then. To be...
Mr. Cook: There's no poi ... there's no poison pill in there.
Mayor Carollo: Well, I understand that but I want to make it clear on the record. We have a commitment to
the Coconut Grove Garage and the monies have been there for that.
Mr. Cook: Absolutely.
Mayor Carollo: But I just want to make sure that we don't get beyond ourselves and we start looking and
refinancing new bond debt out there.
Mr. Cook: Mr. Mayor, I can assure you that's not ... we won't do that. What we'll do, we'll bring it back to
you and show you what would happen if you wanted to refinance that garage. You're talking about garage
number one. But we can show that to you. That ... and if the Commission says no, I don't want you to do
that, then that's not ... then that's not a problem. It's a recommendation based on what we've talked to the
Financial Advisors about. It's not a recommendation to develop anything ... any poison pill thing.
Mayor Carollo: Now, is there a cut-off in the amount ... up to a certain amount that we're going to include in
this here, Mr. City attorney, beyond what they'll make on the bond issue once they refinance it?
Mr. Vilarello: I'm sorry, Mr. Mayor.
Mayor Carollo: Beyond what they will make in refinancing the bond issue, that ... the bond counsels, is there
any other expense that will be incurred and up to what limit will we put ... what cap will we put on it if there
is?
Mr. Vilarello: The bid is at twentyfive thousand dollars ($25,000) worth of fees and fifteen hundred dollars
($1500.00) worth of costs. That's it. There's...
Vice Chairman Plummer: That comes out after refinancing.
156 June 23, 1998
Mayor Carollo: OK. Right, it comes out of that but I want to make sure that we have it clear. All right.
Commissioner Gort: Also...
Vice Chairman Plummer: Good night.
[AT THIS POINT, COMMISSIONER PLUMMER EXITS THE COMMISSION CHAMBERS AT 5:48
P.M.]
Commissioner Gort: Also, I'd like to add. Make sure that there's not any covenant in the document that
would prohibit the City from receiving revenues from...
Mr. Cook: Absolutely. And that ... Com... Mr. Gort, what you have now is a closed indentures. This ... the
only way I can open those indentures is to do that refinancing. That's is the only way I can do it. And I will
have the ordinance drafted it in that manner. I can assure you.
Mayor Carollo: OK. Any Commissioners have ... I'm taking the chair back. Any Commissioners have any
further discussion on this item?
Commissioner Regalado: Just need to take a vote on this.
Mayor Carollo: Yeah. Hearing none, all in favor, signify by saying, "aye." It passes unanimously. No one
abstains.
The Commission (Collectively): Aye.
Commissioner Teele: Mr. Attorney, for the record, this was a competitive process?
Mr. Vilarello: Yes, it was.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-658
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENGAGE THE SERVICES OF THE LAW FIRM OF HOLLAND &
KNIGHT LLP, AS BOND COUNSEL ON BEHALF OF THE
DEPARTMENT OF OFF-STREET PARKING ("DOSP"), IN THE
AMOUNT OF $25,000, PLUS EXPENSES, IN AN AMOUNT NOT TO
EXCEED $1,500, FOR THE REFINANCING OF DOSP'S BOND
ISSUES; ALLOCATING FUNDS THEREFOR FROM THE
PROCEEDS OF SAID REFINANCING.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
157 June 23, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
73. 'APPROVE MODIFIED FIRST READING ORDINANCE AMENDING CHAPTER 2, ARTICLE H
OF CODE: ADMINISTRATION / MAYOR AND CITY COMMISSION'- CLARIFY SECTION 4(6)
OF CHARTER RELATED TO EFFECTIVE DATE OF REMOVAL OF CITY MANAGER BY MAYOR'
— FURTHER DISCUSSION FROM 'COMMISSIONER TEELEREGARDING FUTURE CHARTER
AMENDMENT TO END CITY MANAGER'S TERM WITH ELECTION OF NEW MAYOR.
Mayor Carollo: Do we have any other issues before...
Commissioner Regalado: Yes, Mr. Mayor. Item 20 was placed by ... at your request as a public hearing. As
you know, we discussed a pocket item in the other meeting. You requested that ... that it will be deferred.
Mayor Carollo: That's correct.
Commissioner Regalado: And you asked me ... I complied with your request.
Mayor Carollo: You did, Commissioner, and I thank you for it.
Commissioner Regalado: This is nothing ... and we're lucky that we're past the other issue because some
people may tie this with a particular manager or a particular mayor and this does ... has nothing to do with it.
It's just that it was suggested in the past that a City Manager, whenever that City Manager is dismissed by
the Mayor or the City Commission, that City Manager will have a transition period with the new manager of
10 days for the City Commission to consider the possibility of overriding or for the Mayor to meet with the
City Commission and explain its reason. That is basically what this ordinance has. But I see, Mr. Mayor,
that we have a lot of children here. If you want to just leave this for later and address the issue of the
children ... we ... they're not...
Commissioner Gort: We don't have anything on the agenda
Mayor Carollo: Well, this is a non -agenda item that we have but I'm going to acknowledge some of the
people that are here. Since this is going to be an item that is going to be brought up soon before this body.
Before we do that, Commissioner, this is an item here and ... Item 20... that really goes beyond any of the
other side issues that are now behind us. What it really addresses itself to. This is the biggest concern that I
have on this item and it's two -fold. One, we're going to be overruling a City Attorney opinion. We've never
done it before in this City's history. This is opening up Pandora's box for many things in the future,
including even in this same issue on liability for future Mayors, future Commissioners on this same issue.
Secondly, it, at the same time, gets into a further area of law that has to do with ... with a Charter change,
whereas a Charter change only can be done by a vote of the people. The individual that helped draft ... that
brought forth this same part of this amendment that we're discussing here to the county, the one that we used
158 June 23, 1998
in the city, was Mayor Pinelas. You know, I hope that you've had the opportunity to talk to him since the
last time. Maybe you haven't and I know you're also busy. And he was the creator of the language in this
amendment and he would tell you what his intentions were. His intentions were exactly what the City
Attorney has given an opinion on and not just one City Attorney but two. The present one and the Acting
City Attorney, Mr. Maxwell, that we had. So what I am saying is that ... you know, this is something,
Commissioner, that we should not take lightly. This is something that is very serious. Its precedent setting
and precedent setting in a very delicate area. In an area that is full of liabilities for this City and into the
future.
Commissioner Regalado: I understand what you're saying, Mr. Mayor, but I just want to ask the City
Attorney if he felt that the Commission could override his opinion, why would you write this?
Mr. Vilarello: Well, the ordinance that's before you is one that is within the discretion and the authority of
this Commission to pass, regardless whether it is overriding or agreeing with my opinion or not. My opinion
is advisory to the Commission. It is not binding on the Commission. Nevertheless, when I signed the
ordinance that's before you, I signed it as to form and correctness and legal sufficiency. So it is properly an
item that you may consider in my legal opinion.
Commissioner Regalado: Do you feel that this is dangerous if we do this?
Mr. Vilarello: I feel this ordinance is an item that you can, within your discretion, consider.
Commissioner Regalado: Mr. Mayor, would you rather have this before the voters? For instance, if we
were to ask the voters of the City of Miami, how many times a Mayor can fire a City Manager?
Mayor Carollo: I think, Commissioner, that if you want further clarification beyond what the creator of the
amendment has stated to me, that his intentions were, I think you're now directing this body into the right
direction. A clarification in a change like this would fall appropriately upon the voters of this city and that's
an area that I think would be a more appropriate path to take, instead of opening, not just this one small item,
but then opening up Pandora's box to many other issues. See, what the City Attorney...
Commissioner Regalado: But we ... I don't understand, Mr. Mayor.
Mayor Carollo: Well, let ... let me explain. What the City Attorney really has stated that any opinion that he
gives you, this Commission could go ahead and really overrule and not take his advice. But by doing that,
there could be consequences also. And just like in this opinion, this body does not have to follow the City
Attorney's opinion. You don't have to follow that in any other opinion that he gives you, but the point being
is that this has never been the case in the City of Miami and ... and wisely so because that's why we have a
City Attorney to guide us within the interpretations of the law. Now, I ... I understand that in Dade County,
the City Attorney... rather, County Attorney, gave a different interpretation of that. Probably the reason that
Mayor Pinelas did not challenge it then was the fact that the Commission felt very strongly on how he felt
but, as I stated that the last time that this came up, this caused problems for him during those 10 days, but
that's not even the issue here, whether it did or didn't. That the real issue is, you know, if we want to start
setting a precedent, not just on this but on any opinion that this City Attorney or any City Attorney will give
to this Commission or any future Commission of this city in years to come and I think that your statement of
looking at the possibility of making some... bringing this to the voters would be the best way to proceed, if
that is something that you think that needs further clarifying.
Commissioner Regalado: I'm just one. I'm just one, Mr. Mayor, so I ... the members of the Commission
should...
Mayor Carollo: I got the gavel back. Commissioner.
159 June 23, 1998
Commissioner Gort: Mr. Mayor, I just want to ask you a question. My understanding ... and I want you, as an
attorney, to tell me how to do this. I'm not an attorney, so I'm not ... my problem is this. Right now we ... this is
over. It's past. But in the future, my understanding, the City Manager is here to be a balance between the
City Commission and the Mayor. In the future, we have a Mayor that feels ... we have a City Manager that's
working very closely and very good with the City Commissioners. All of a sudden the Mayor, for no reason
wants to fire the City Manager because he gets along a lot better with the Commissioners and he puts certain
stuff and certain things that this Mayor would like to do, that is not in accordance to the five Commissioners.
According to my understanding right now and what we have right now, there's nothing we can do. I mean,
the gentleman gets fired. We reinstate the gentleman. He gets fired again. We reinstate him again. And
then we can do this for the whole six months and we can look very ridiculous. We have no end to this.
What can we do so this type of situation could not happen in the future?
Mr. Vilarello: This ordinance addresses that issue. It does not remove the Mayor's continuing authority to
terminate the Manager because that does ... thafs not addressed in it. What happens is, the Manager stays in
office during that period of time that the Commission considers whether or not to override the Mayor's
decision.
Commissioner Gort: Let me ask the other questions. We don't ... I can understand when you fire an
individual, if he stays 10 days, that individual can do ... a lot of disruption. My question is, we ... I like to have
this individual give an opportunity to come in front of us and give some explanation, some charges are
pressing against him. But, at the same time, if we, the Commission, feel that that Manager should stay, what
can we do?
Mr. Vilarello: Well, the first issue that you mentioned is whether or not the Commission would consider or
have an opportunity to hear the Manager respond to charges. Well, the way the Charter's written right now,
the Mayor may dismiss, as well as the City Commission may dismiss without cause, so that would require a
Charter amendment to require a Bill of Particulars against the Manager to terminate for cause and then a
hearing before ... a hearing before the City Commission. So that would be in ... a change in the Charter.
Mayor Carollo: Well, Mr. City Attorney ... I gave the gavel to... back to Commissioner Gort ... would it be
your recommendation that if this body needs further clarification that, in particularly, since we have put that
chapter behind in our City's history, that the most prudent way to proceed would be to ... if it's the will of the
Commission... to bring it to a Charter change or do you think the most prudent way is through an ordinance
change?
Mr. Vilarello: The City Commission has the discretion to you ... to go.
Mayor Carollo: That's well understood by everyone here.
Mr. Vilarello: OK.
Mayor Carollo: I'm talking about the most prudent way that you, as the City Attorney, might see that this
body could proceed, especially in lieu of this having to deal with the Charter that anyone could challenge
this in so many ways and if there ... with an ordinance change.
Mr. Vilarello: On this particular issue, again, I would not have recommendation either way. The City
Commission has the discretion to do it. As you and I have discussed, this ordinance, in my opinion, does not
diminish your powers as Mayor at all. However, you may take issue with that. You may feel that it does
diminish somehow your power.
Mayor Carollo: You know, this is not at issue here and that's not what, you know, were discussing, whether
160 June 23, 1998
it does or whether it doesn't. What's at issue is ... this is something that's precedent setting. Never has
happened before in the City's history and, in particularly now, that we put one chapter behind us. Do we
want to get into a situation that we're going to rush through an ordinance or do we, as Commissioner
Regalado started talking originally, would want to, if it's the will of the Commission, present it to a vote of
the public. This way, the City's historical process and integrity would be protected.
Commissioner Regalado: Mr. Mayor, I did not say that I wanted to do that. I said that I was thinking that
you wanted to do that.
Mayor Carollo: I didn't say that. But I ... now that you mention that, you know, I am suggesting that —as I
said before, I think that that is the most prudent way and I think the most appropriate way of going about
this, if there is still a major question on this issue.
Commissioner Teele: Mr. Mayor, let me just say this.
Mayor Carollo: OK.
Commissioner Teele: First of all, I think, now that the issue of the Manager is behind us, it is the time, if
ever, to deal with this issue. This issue is one that I don't want to characterize the way it has been
characterized by both of my colleagues. We operate under Mason's rules and one of the guiding principles
of Mason's rules is that legislative bodies must be able to establish their own rules and to function. The
process that we have witnessed clearly reflects and shows that without some procedural safeguard, the right
of the Commission to ratify certain actions is nullified by operation of the way the procedures work. To give
life to the Charter ... and I think this is really what the City Attorney was ... the County Attorney was dealing
with ... to give life to the provision in the Charter, this rule is necessary. Otherwise, the ratification of the
Mayor's actions or the override of that action is really meaningless. I mean, by operation of just firing and
firing and firing any Mayor, not just you but any Mayor could render the authority of the Commission, the
legislative body, powerless. And, in fact, invalidate that provision of the Charter. But I think there's a
bigger issue here than strictly the procedural issues because really what we're talking about ... and the City
Attorney has been very careful ... is that authority of the Mayor remain unchanged. The authority of the
Commission remains unchanged. It is the operation that we're really dealing with in terms of the chicken
and the egg, if you will. Which comes first, the chicken or the egg? If the Commission does not have the
opportunity to review the firing of the Mayor, just as much harm can be done as the other way. Because you
could have a Mayor ... a Manager to come in and make changes... fortunately, we have a prudent professional
who, I dare say, was cautious to the point of not even occupying the office, which I commend Chief
Warshaw publicly for ... the concern, I think, that we should address is a very simple concern and that is, do
we want a professional manager and a professional management to come into this Commission and to
function... whether it's the year 1998 or the year 2005... and know that he or she will not be discharged
without due process and the Commission having the right to review that? Now, if this Commission doesn't
want to afford the Manager due process in this, then, obviously, we can do what we've been doing here. We
can leave it as it is. But I would argue that the County Attorney opined properly that to not have a I Gday, if
you will, cooling off period in which, if there is no action, Mr. Man ... Mr. Attorney, under this, if the Mayor
fires, the Manager stays there and there is no action, does the Manager stay or go?
Mr. Vilarello: He goes.
Commissioner Teele: He goes. So what you have here is a cooling off kind of process, whereby a
professional manager has the knowledge when he or she is hired as the Manager of the City of Miami, that
this is going to be a dignified and an orderly process and, obviously, if there is a Bill of Particulars, then, you
know, you'll have that hearing. Mr. Attorney, does the Chief of Police right now —not Chief Warshaw, but
the Chief of Police have the right to a hearing before he's fired?
161 June 23, 1998
Mr. Vilarello: Yes. The Charter's very specific with regard to...
Commissioner Teele: OK. So what we're saying here now is that the Manager will have no greater powers
or no greater protection than the Chief of Police. The Charter already provides for that. And the reason is is
that we went through a history and a series of chiefs being fired in the middle of the night and all this kind of
stuff. We need to be a dignified governmental body and I am very big on process. I think it is important for
any manager that comes into this city to know that he or she, if they are fired, will be afforded the
opportunity to present their case and if the Commission... if three members of the Commission don't want to
afford him that right, then, at the end of 10 days, he's gone. But we're not talking about dealing with a bunch
of people who are not professionals. Our Charter requires a professional manager. And so the issue that is
being complained about, I just don't see that it exist. Because you're not going to have a professional
manager. He can't sign contracts that haven't been approved legally, can he? Other than the fortyfive
hundred dollar ($4500.00) thing.
Mr. Vilarello: That's right.
Commissioner Teele: So I think we really need to send a very strong message to the public and the world of
professionals that operate in the area of the management of cities and counties and government, that the City
of Miami is a stable government and that we're moving now to provide safeguards and protections to a
manager. Obviously, if a manager's fired with cause, we can act before that 10-day period and move to
support him, could we not? This, in no way, precludes the Commission from not acting before the 10 days
is up.
Mr. Vilarello: The Commission continues to have the right to remove the Manager.
Commissioner Teele: OK. So, in effect, by ratifying the Mayor's actions with —before the 10 days is up or
by a four fifths vote of doing that, he's out or she's out in any event, right? But I really do think that we need
to look at some Charter issues. I am really concerned. I think ... you know, one of the provisions, Mr.
Mayor, that the Commission has relates to the whole issue of debate and who can debate and how debate is
done and the presiding officer versus the Mayor versus the Chairman. We need to deal with these kind of
issues because I really do think that if the Mayor has a veto ... and the Mayor has a veto ... and one of the
reasons to give a Mayor a veto is to give the Mayor the right to debate. And the right to debate is exercised
through the veto process. To have the veto and to have the right to debate are mutually exclusive of each
other in a legislative process, so I think we need to begin an orderly process, Mr. Attorney, of reviewing this.
But I see this, not as a Charter issue again, but as a rule issue. This is no more than a rule whereby the
timing and the mechanisms of the removal of the Manager are being clarified. I do not see this as being a
Charter change or being necessary to be a Charter change, but it could be done by Charter change. In fact,
you can do anything by Charter change. You could do pocket items by a Charter change but I think we need
to try to keep our Charter as free of details as possible and we should allow the Commission, wherever its
appropriate, to do it. I think we ought to move forward on this or we ought to not but I really don't think we
ought to de ... we ought to debate it ad infinitum. We either support this as a procedural safeguard or we
don't. And I think it's important to every Manager that will come in the future so that every manager knows
that they will have the dignity of being able to ... be afforded a hearing and I will guarantee you that in 99
percent of the times for the next 100 years, a manager who's fired will not ask for a hearing if he feels that it
is not been done without hearing. The reason we got into this unique dilemma of circumstances, I think, that
were visited of us, that have been well documented in the courts now regarding the wholeproc... the election
process and I think we don't need to see this as a case that we're going to be revisiting this every four years,
hopefully.
Mayor Carollo: You are right on that. This is why we got into this whole issue because of those that stole
an election from you, from you, from you.
162 June 23, 1998
Commissioner Teele: And, Mr. Mayor, while you're on that, let me say this. I was the person who said we
should not confirm the previous Manager until the court's issues have been resolved. Because I really ... not
that I believe, had a crystal ball but I just could see this kind of circumstance being done. And I think —you
know, you have to also give recognition to the fact that there are good professionals, whether the previous
manager or this manager or the next manager, we all agree on their professionalism. They all have a
reputation. They all have a family. They all have something more than just the job. And I think ... what I
want to deal with and send the most ... the word out there, is that we want to be concerned about people's
dignity people's reputations in this process, Mr. Mayor.
Mayor Carollo: And I can certainly appreciate that, Commissioner. And I ... I've tried to keep it manager
neutral on this issue but that same concern I ... I wish could have been applied to EdMarquez, a manager that
served this City honorably. Worked harder than any manager that I've ever seen in this City's history, if only
for the reasons that he had no choice but to do it. Otherwise, this City would have never gotten out of the
huge ... humongous deficit that we were facing the year that he was City Manager. The ... one of the issues
that I ... I'd like to point out that goes along with your reasoning that you've given here on this cooling off
period, if, in deed, there is going to be this cooling off period, then it should be a cooling off period across
the board. A cooling off period in case the Commission fires a Manager or a Mayor fires a Manager. The
way this ordinance is written, only applies for the Mayor to be cooled off on the 10 days, not for the
Commission to have that cooling off period.
Commissioner Teele: Mr. Mayor, but if you'll yield on that point, just on that one point.
Mayor Carollo: Absolutely
Commissioner Teele: It's really not a question of treating the two the same. One under the Charter is the
appellant process has a right to review. In other words, under our Charter, the way it's written, the
Commission has the right to review the Manager's hiring and the Manager's firing, just like the United States
Senate has the authority to review the Secretary of Defense, the Attorney General, the Secretary of Air
Force, God bless Daryl Jones. I hope the Senate will approve him. But the fact of the matter is, is that in
this unique provision, it's the final appeal. If the final appealing authority takes the action ... ifs like if the
Supreme Court of Florida, which has ... I mean the Supreme Court of the United States, which has original
jurisdiction in some narrow cases, once they rule on something, that's it. There is no more appeal.
Mayor Carollo: But the point being, Commissioner, that what you're trying to accomplish... what you say
you're trying to accomplish here, you've lost the intention by not applying it to the Commission also. In
other words, if the intention is to have a cooling off period to give a Manager the dignity and everything else
that you stated, then...
Commissioner Teele: For the appellate process.
Mayor Carollo: Then that would have been lost completely.
Commissioner Teele: But it's strictly for the appellate process.
Mayor Carollo: Well ... but the Commission can and should have that appellate process within itself also.
Commissioner Teele: There is no appeal from a vote of four members of the Commission, under the
Charter.
Mayor Carollo: But based upon what you're stating ... your reasoning for this process for a Manager of
giving him that dignity of being able to express himself, that's being lost if it's not applied across the board...
163 June 23, 1998
Commissioner Teele: Mr. Mayor, you're missing the point. When the Commission meets...
Mayor Carollo: I'm not missing the point.
You know, we're...
Commissioner Teele: ...on this issue, when the Commission meets...
Mayor Carollo: I fully understand, Commissioner, what you're saying.
Commissioner Teele: ... the public is right here. This is not something that's done...
Mayor Carollo: I...
Commissioner Teele: ... in an office. This is not something that's done...
Mayor Carollo: I fully understand your concept but what....
Commissioner Teele: His right is the right to come before a body and clear his name or to present a process.
It ... the Commission must have a certain amount of time before which it can meet and the fact of the matter
is, is that that process is very, very clear that he comes before us in an open meeting. But, again, I don't
want...
Mayor Carollo: Well, Commissioner, I fully have understood what you said but I still feel that what you're
saying your intentions are is still lost, where he doesn't have that cooling off period on the Commission side
either. Now, let's move on with logic. You know, I've covered the law on the Charter change but let's go
now to logic and facts. What private sector corporation do we know of that would fire an administrator but,
at the same time that they fire the administrator, they're going to tell you, you could stay on for 10 days?
Commissioner Teele: None.
Mayor Carollo: None.
Commissioner Teele: None.
Mayor Carollo: None. And why? Well, the reason is obvious. You know, the reason is obvious. And that
is why ... in my conversation with Mayor Pinelas on this issue, you know, he was so strongly in explaining to
me what process he had gone to and the problems that were caused during those 10 days that a Manager's
kept there. Now, you know, keep in mind this is the creator and you know that of the amendment that we
incorporated into our Charter and if the creator of the amendment has stated what his intentions were, for us
now to be getting involved in trying to give interpretation to a part of an amendment Charter change that was
approved by the voters, without bringing it directly to the voters to clarify, when they ... and I think we're all
in agreement ... in a few months before the next City election in September or November, I don't think there's
anything that's going to be happening that is going to cause any problems in this. I think it would be so
unprecedented in what is going to open up impossibilities that will cause this City liabilities into the future.
Just the fact that if this is approved, that any person with standing from the public, a voter, can go and
challenge us in court and if they're successful in winning, it's going to cost the City additional dollars in
paying their attorney's fees, then what it would already have cost in defending it ... in itself, one minute in
dollars amount shows liability that we will have. Why ... why rush it? Why rush into approving something
like this now, when you, yourself, in expressing your position on this issue, have acknowledged that there is
no real need...
Commissioner Teele: I don't think there any emergency. I don't think there's ... I think it's the kind of thing,
164 June 23, 1998
Mr. Mayor, Commissioners, that we really should look at in comprehensive way...
Mayor Carollo: And that I agree.
Commissioner Teele: ...as a part of an overall package but the concern that I have ... again, and I think we
need procedures. I don't think that this necessarily should be viewed as a Charter change and ... but I think
we ought to look at this. I would hope that Commissioner Plummer or Commissioner Sanchez, the oldest or
the youngest member here, would be delegated because we really do need to work closely with...
Mayor Carollo: Well, that's what I'm saying.
Commissioner Teele: But, with all due respect, I do think that rule ... and I agree with you, that's your ... in my
judgment, Mr. Mayor, that's your strongest argument. What private sector would do it this way? None. But
this is the public sector and we're talking not about the best friend of the CEO or the best friend of the
Chairman of the board. We're talking about a professional manager and I think what we ... the only reason
this is necessary in the strongest sense is to send the kind of message. You all are out there recruiting for
finance directors. You're recruiting for any number of jobs and I'm going to tell you something, Mr. Mayor,
professionals, real professionals, who have been in city government, are talking about the City of Miami in
professional circles, not in political circles. We need to give an assurance to professionals. The Comptroller
of Dallas or the Comptroller of Rochester, New York. Isn't that where you can probably rob some people
from, Chief Warshaw? Chief Warshaw's brother was chief up there. But we need to be in a position that we
can go out here and recruit and say we've got safeguards to protect professionals. But, Mr. Mayor,
Commissioners, I just don't think we ought to ... we're going to do it or we're not. We ought to vote on it or
we're not and...
Mayor Carollo: Well ... but, as you said, Commissioner, there is no emergency. I mean, you just said it on
the record. Here, we're dealing with an emergency ordinance and if we're going to follow process ... you just
stated on the record, there is no emergency and you're right. There wasn't then. There is none now.
Commissioner Teele: Well, there was an emergency when it was done but I think...
Commissioner Gort: When is first reading?
Commissioner Teele: But I really do think that the way to do this is to convert this from an emergency
ordinance to a reading on first ordinance... first reading.
Commissioner Regalado: I was going to suggest that, Mr. Mayor, that if we can go ahead and vote now on
the first reading and then we'll have time, in 30 days, to consider and come back with more ideas and more
details. I'm ready to change from emergency to first reading.
Mayor Carollo: OK. Now, it's a non emergency ordinance to first reading but let me just make this
statement on final closing, if I may. The reason one of the key provisions on the change of government to
Executive Mayor the County and in the City and the amendments that were passed by you, the voters of the
City, were so that the Executive Mayor could choose a manager that he could work with, along with a
manager, of course, who'll work with the Commission. But the position of Mayor gave up certain key
points, such as being a voting member of this Commission, in return for making the position an Executive
Mayor that could choose the manager of this city.
Commissioner Teele: And the veto.
Mayor Carollo: Well, and the veto, yes, yes
165 June 23, 1998
Commissioner Teele: That's the big power.
Commissioner Gort: The veto power is a very powerful for the Mayor.
Mayor Carollo: Well, in a normal ... under normal circumstances.
Commissioner Teele: Mayor, every night I worry about you vetoing something that I want to do.
Mayor Carollo: Well, you know, at times like this, I'm reminded, Commissioner, of one of your favorite
sayings in the county, particularly when you're running for Mayor there. And let's see if I can remember
correctly. That talking about some of the lobbyist and influence peddlers that ... I think it went something like
this and correct me if I misquoted you. That, you know, things have gotten so out of hand, you we're saying
that you might have to call the Governor, call in the National Guards to stop the looting. Well, you
know ... I've, you know, been thinking of your words since I've been back quite often. But, anyway, I think
Commissioner Regalado wants to vote upon this. I've made my feelings heard and I appreciate this body for
listening to it. I call the question. It's an ordinance. If it could be read. I'm sorry, Mr. Goenaga. I
apologize, sir.
Mr. Goenaga: Well, it was announced as a public hearing and I'm willing...
Mayor Carollo: You are correct. You and anyone else that would...
Mr. Goenaga: With a lot of patience.
Mayor Carollo: ...like to express themselves. I apologize.
Mr. Goenaga: I have learned that it is easier to graduate than to learn and let me explain in simple terms to
you Commissioners ... and I am not referring to Mr. Garcia -Pedrosa as an individual. I am referring ... or to
Mr. Carollo as the Mayor. As the issue is as follows: If it were, as you say, Mr. Teele ... and I hope you pay
attention... that, as a matter of protocol, every time the President of the United States of America, sends his
Cabinet members for confirmation in the Senate, as a matter of protocol, most of the time it's accepted. The
veto power does not exist. It exists when there is sufficient big cost Bud or who originates the
appointments? The President. Who originated this appointment? The previous Commission. So let ... you
know, you have to respect, on a protocol basis, the President of the United States when he names and he
appoints his Secretary of State, Secretary of Defense, even though it goes through the Senate. A law is a
totally different ball game and it can be overridden by three fourths. Stop. Let me finish. And the other
issue, so you can understand in a simple word, you know, I'm going to use my example. I had ... 1 married. I
have three kids, who are the citizens of Miami and my in-laws are four Commissioners. They don't wanted
my wife and me to divorce, but we realize that it was better to divorce for the benefit of the kids, even
though the Commissioners, my in-law and my father and mother didn't want us to divorce. And let me tell
you, if any of you ... if your wife, for whatever reason, throws you out, are you going to wait 10 more days?
Hell, you must be stupid guys. Thank you.
Ms. Elena Carpenter: Elena Carpenter, 3838 Irvington Avenue, Department in Coconut Grove. This is a
very tough act to follow. I don't have a better metaphor other than that one but I ... as a person who has
worked for the private sector all of her life, I find it kind of ludicrous to have people discuss a firing with a
honeymoon period thereafter. I think this is a very reactive ordinance but since you're ... it seems like you're
going to vote on it now ... and, usually, it seems that first ordinances go on a yes and then you start talking
about it on a second. I think that maybe you should amend your amendment to the Charter and state that
you will leave the City Manager there 10 days, provided that he is not smoking crack cocaine, that he is not
taking money from the City, that he is not accepting bribes from other people, because what you're doing
now is, you're opening up this, no matter what you do, you get to stay here. I think that ... and please correct
166 June 23, 1998
me if I'm wrong ... that during ... that right now the City Manager if fired, can have a hearing. If not, maybe
that's what you should discuss but to keep him here after either the Commission or the Mayor and, in that, I
do disagree with you Mayor Carollo. I don't think that the Commission should have 10 days and if you're
going to get the 10 days ... I think nobody should have 10 days. Everybody... when you fire somebody, there's
usually a compelling reason. So I hear Commissioner Teele saying we want to send this message out.
People are talking about us. We want to tell professional managers that we handle ourselves with dignity. I
don't think it's because anybody here ... any one of you has a right to fire them. I think that if people are
talking about us, maybe it's because we have a City Manager in jail. Maybe it's because we have two former
Commissioners in jail right now. Maybe its because the City has been a very interesting place to live in for
the last number of months. It is not necessarily because any one of you has a right to fire a man or a woman
that is potentially not doing their job for the City. So really going back to my philosophy that a government
should be run like a regular company where people are accountable and have to perform and you have to be
efficient to compete in the market place, I think that if you sit there and say, if the Commission fires the
Manager, the Manager has 10 days or if the Mayor fires the Manager, he's got 10 days, I think you're
screwing around. I think you have to at least respect each other enough to know that whoever did the firing
first, then I believe you all have the option, either the Commission or the Mayor first, and then run with that.
Let the person go and entitle that person to a hearing. But you can't keep him in office, particularly with the
illustrious history that we have so far and we're not batting a thousand. Thank you.
Mayor Carollo: Thank you. For the record, my intention of brining up the 10 day on the Commission side
was only to show the difference between the Commission and Mayor in what was being presented, not that I
endorse either one. I do not. Thank you. OK. Seeing that no one else would like to speak on this issue, can
you read the ordinance and first reading Mr. City Attorney?
Mr. Vilarello: This will be an ordinance on first reading. Sections five and six, as they appear in your
package, would be deleted.
Mayor Carollo: Call the roll, please.
Commissioner Teele: Mr. Mayor, before you do.
Mayor Carollo: OK.
Commissioner Teele: Let's be clear. Who made the motion and who seconded it?
Mr. Foeman: Commissioner Regalado has indicated he moved it. And you told me you seconded it.
Commissioner Teele: Yeah. No one moved it and seconded. I just wanted to...
Commissioner Regalado: No, I'll say I will.
Commissioner Gort: Let me make a little statement. We ... as much as we love to run this as private
enterprise, unfortunately, because it is a government... there are certain things we cannot do, like private
enterprise. I wish we could. If a fire ... if a Manager is fired with cause and we find it is ... ifs ... that Manager
was stealing or doing the wrong thing, you can assure here that he would not be here for the 10 days. He
will be out within a minute. Mainly, what we want to do here is make sure we have check and balances
and ... like I said, that gentleman stands here... whatever it is, woman or a man ... to make the balance between
the Mayors and the Commissioners and that's why the reason I vote yes.
Commissioner Sanchez: Well, you know, I don't think we should continue on this merr}�go-round, that's for
sure. We got to get going in the right direction here. We got to...I hate to say this because I said it before.
But we got to do what's right for this city. I mean, we're going to fire the City Manager. Bring him back. I
167 June 23, 1998
mean, we got to get going here. I would hope that this was the last chapter and we're heading into a new
chapter, where our City was going in the right direction. No, I'm going to vote no.
Mayor Carollo: OK. The motion passes. And if I could, in closing, just say the following. When you have
a firing that is based upon a Manager receiving thirty thousand dollars ($30,000) of unauthorized
compensation and you have a memorandum from the City Attorney that acknowledges that the
compensation was unauthorized ... Commissioner, I heard you ... I hate to differ with you but those are causes
to be fired and he was rehired after that. And the last one, well, I think we all read about the last reasons.
One was a Saturday major headlines. Happen to do with a contract that was given and his recommendations
to this Commission. And the other one was another major contract. In fact, the contract that's ... had the
highest price tag in the last decade in the city. So, having said that, before we adjourn...
Commissioner Teele: Mr. Mayor, before you do. Mr. Attorney, again, I think ... as I've said repeatedly the
Mayor should have the hire ... the power to hire the Manager, subject to that concurrence of three members.
Of three members, not four. I... you know, this is a unique circumstance. I would certainly support a
Charter amendment that would, in fact, establish absolutely the right of the Mayor to do that when a Mayor
comes into office. Because I think the same principal applies. If you look healthy and young and full of life
but if we were to...
Mr. Carollo: Can I interrupt you for a moment? You know, please don't go on with that because that's just
what they tell someone before they have the big heart attack and they die of stress.
Commissioner Teele: But I think the same principle still applies. If a Mayor ... once a Mayor has been
elected, I think we need ... once a Mayor has been elected, not appointed, not filling out a term, but elected, I
think the power that the Mayor has in going to the voters ... that's what the Executive mayor process was
intended to bring about. A Mayor who has accountability with the Manager and that where, in all honesty,
sir, you have been given the finger ficker of fate. Fickle finger of fate.
Mayor Carollo: Be careful of that.
Commissioner Teele: So to speak. And I'm very sympathetic with the position that you are articulating.
But I do think ... Mr. Mayor, I do think that ... that, again ... and not to point to the previous Mayor ... what
happened before should not happen again either. We should not have any Mayor who has two and three and
four bites at the apple consecutively behind the...I mean...
Mayor Carollo: Five.
Commissioner Teele: Five bites. See, this is a part of why this is such a spectacle. It's not just any one
thing and it's not unfortunately the thing ... the unfortunate circumstances relating to a previous Manager and
Commission. It is a series of events. But I agree, Mr. Mayor, and I would be willing to fullheartedly join
with you in supporting the right that, when a Mayor has been elected, under whatever the circumstances are,
that he ... that the previous Manager's term of office has expired or something like that. Just something very
clear so that everybody's on notice and it's not personal. And I think we can get out of this thing as we move
forward.
Mayor Carollo: OK.
Commissioner Gort: That's a good idea.
168 June 23, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE I1 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: "ADMINISTRATION/MAYOR AND CITY
COMMISSION," BY ADDING LANGUAGE TO CLARIFY SECTION
4(g)(6) OF THE CHAPTER 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 SAID CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Teele, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: Vice Chairman J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
74. rDISCUSSION REGARDING RECREATIONAL YOUTH FACILITY AT VIRRICK GYM.
Mayor Carollo: There's nothing else that the members of the Commission, I believe, have to bring but
before we adjourn, we want to give the opportunity briefly... because you'll have it again when this item
comes up ... for some members of the public to address this body on an item having to do with Virrick Gym.
Mr. Frank Balzabrie: Frank Balzabrie, 33925 Park Drive, Chairman of the Coconut Village Council and
President of the Coconut Grove Civic Club. Mr. Mayor, Commissioners, Mr. Manager, thank you for
letting us be heard today. I will be very brief and to the point since we are an unscheduled item. All our
children are here. You can stand up. This is your time to be seen and be heard. They've waited patiently for
the last two hours to get their voice in today. The mission to provide a first class facility, the Virrick Gym,
for our kids must be put back on track. We need to set a date before the August recess in order to bring back
a draft of an agreement acceptable to all parties, namely, the YMCA, Shak&a-Leg and the Parks
Department, so that a recommendation can be made. We cannot cover all the issues in detail today that need
to be sorted out to your staff, to the community, the parents of the children and related parties. So, in
fairness to the parents and the children who are here today, we would like you to hear from several of them.
Mayor Carollo: Frank, how many people would you like to have the opportunity to address the
Commission?
Mr. Balzabrie: At least four to five adults and some children and then we could close it from there.
169 June 23, 1998
Mayor Carollo: OK. Can ... would five additional people be all right?
Mr. Balzabrie: Pardon me?
Mayor Carollo: Would five additional people be all right?
Mr. Balzabrie: That's fine. That's fine. A couple children.
Mayor Carollo: OK. That'll be fine.
Mr. Balzabrie: That's fine.
Mayor Carollo: And we'll ... if we could limit it to say two minutes like we usually do.
Mr. Balzabrie: That's all we need.
Mayor Carollo: Per person.
Mr. Balzabrie: Thank you, Mayor.
Mayor Carollo: Thank you.
Mr. Michael Reep: Hi. My name is Michael Reep. I live in Coconut Grove. I want you ... to let you know
that there's hundreds of kids who need a safe place to play and to learn how to swim and sail boats. Please,
do not make our youth center so small. Thank you.
Ms. Christina Balzabrie: Hi. My name is Christina Balzabrie. I just wanted to say that, why can't we have a
co ... a Coconut Grove Youth Center instead of a Coral Gables Youth Center and that would be easier to go to
places and we can make it bigger and it would be a better place for children to have fun.
Mr. Robert Murray: Hi. My name is Robert Murray and I live in Coconut Grove and I just want to make
sure that you guys understand ... and this goes for you, Joe Carollo, because I want your city to build ... please
build a youth center for these kids who aren't going to be able to have a place. Because these ... I know these
couches sick ... are sick and tired of having kids getting overheated in the heat. And then we get shorted
down by teams going by players and ... that's all. Thank you.
Mayor Carollo: Thank you. Now, there's future Mayor right there. Go ahead, Ma'am.
Ms. Renata Samuels: My name is Renata Samuels. And I would just like for all of us to take a chance ... a
moment to just think back to when we were all children. Did we all have somewhere where we could go
and play safely? We all had pools to run around and go to get cool and to learn how to swim and we also
had future Olympians to come out of those pools. Coconut Grove doesn't have that anymore and I implore
you to please consider that as you come to the table to make decisions on Coconut Grove and a youth center
here. Secondly, to my knowledge, there are only two pools in this area. One, Venetian pool and a second,
University of Miami pool. Both very far in proximity for the children to walk to. We need something in our
area. Thirdly, I know that Miami's thrust is to continue development but what about the family? What about
the family here in Miami? Wouldn't that be an ambitious and a rightful goal, to be one of the first cities in
this United States to thrust the family as the most important entity in this country. Thank you.
Mr. Bruce Reep: Hello. My name is Bruce Reep. I live here in Coconut Grove. I'm here to let you know
how important this is as far as the size and that the ... and to ask you to consider the resolution you passed in
170 June 23, 1998
May, limiting the footprint. The reason we have a concern: Number one cause of death in children in South
Florida is drowning. At a time when eight out of our ten swimming pools in City of Miami are closed,
except for during the Summer. When we have no lifeguards at Virginia Key Beach because we can't afford
to and the beach is closed. We can't ... our Parks Department can't even afford to keep an good eye with the
amount of police force over at Bicentennial Park, where we still owe over nine million dollars ($9,000,000).
And aluminum and copper wires are being stolen with such a shortfall. I hope you try to contribute more
money to Parks Departments and also help this particular site be able to support itself, which means, please
do not limit the ... the foot path, particularly the disabled group should not have to wheelchair themselves
from the very front pink building, all the way back to the water. And considering that the developers next
door are building a three or four glass story building right next door. You didn't limit their footprint and you
have approved them as the proposers and that was part of their proposal. Then I hope you'll consider that
our children need not just basketball courts but we also need a wellness center, a place for our community
and a place for our children. And a swimming pool would be in integral part. The YMCA or whatever
group, make sure they guarantee that this pool would be stay open all year round and the children who
cannot afford to get swimming lessons at the fancy places, we could really cut down on the cause of Ahe
number one cause of death. Drowning. Thank you.
Mr. John Brennan: I'll probably be the last gentleman. I'm glad you ... I know you'll be glad to see me go.
My name's John Brennan. I'm here to talk about crime prevention. These children represent, at least, a
hundred children in this general area and that includes all of the other neighborhoods in this city that send
kids in here, that practice their roller hockey. They are off the streets. They had a couple of days when they
were off and two of them went to jail. The Chief can tell you how much it cost to take one child to jail. Just
a couple of days was a little glitch in the schedule. I'm hoping that you gentlemen will look at crime
prevention as what your main job is. Get the kids off the street. Open the Virrick Gym. I ... I've gotten the
point where I don't care if you see my enough. I don't care how but soon, very soon, open the doors. Get
these kids in so that they ... they're better controlled. This is a good bunch of kids but get them off the street
so that the Chief of Police does not have to see them through the bars. Thank you very much for your time.
Mayor Carollo: Thank you.
Ms. Kathleen Visconti: My name is Kathleen Visconti and I'm a resident here in Coconut Grove and, as a
mother of two children who participate in the Y, I can't tell you how wonderful a job they do with the kids.
They've recruited so many kids from off the streets and have turned them around. If you saw the reception
last week ... I know there was an article in the paper about it. It was overwhelming. I just like to say it would
be wonderful to see this happen, to see it open in full scale and have all these kids participate and to keep it
going keep, to keep them off the street, and to get to know the one ... know one —each one another. Thank
you.
Mayor Carollo: Thank you.
Mr. Balzabrie: One more and then we go. One more.
Mayor Carollo: OK.
Mr. Chris Doddrige: How you guys doing? My name is Chris Doddridge. I live right off Bird Road and
27th Avenue. And I've just seen a lot of good kids just grow into a bunch of mush because after school they
got nothing to do. You know, I've seen little kids ... there's a girl right down the street, 14 years old, and plus
innumerous amount of kids, load up with body piercing and tattoos. They've got nothing else to do. And
even the parks that are existing now, like Peacock Park and Arvida Course, Kennedy Park, there's not even a
park attendant there. I got a daughter 10 years old. If we go there to play ball or roller skating or anything
like that, when my daughter and myself have to go to the bathroom, it's time to go home. There's not even a
park attendant. There's not even bathrooms there. So now when I make arrangements to play football or
171 June 23, 1998
play some ball or something like that, we go to Suniland Park or Coral Reef Park. My old neighborhood.
You know, kind of like in the South Dade area. We got to have plentiful things to do with these parks
because it's going to prevent crime. That's all.
Mayor Carollo: Thank you. Thank you all for coming and, particularly, to the boys and girls that came
today. Thank you for having been so patient and so good. And if you guys would like, you could go up to
my office upstairs and we've got a little something for each of you for having been so good here today, OK?
Commissioner Sanchez: He's going to take you all toMcDonald's.
Mayor Carollo: No. This meeting is adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE
MEETING ADJOURNED AT 6:51 P.M.
Vice Chairman J.L. Plummer, Jr.
Presiding Officer/Chairman
172 June 23, 1998